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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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where can i find a complaint for ejectment for people occupying

Customer Question

where can i find a complaint for ejectment for people occupying a property under a preposition agreement when they not only can obtain a mortgage they have failed to pay any rent this is in upstate ny
Submitted: 8 years ago.
Category: Real Estate Law
Expert:  LawTalk replied 8 years ago.
Good afternoon,

Can you explain what a "preposition agreement" is?
Customer: replied 8 years ago.
it is an agreement which allows the person to occupy the home while they are in the process of obtaining a mortgage in this case the people can ogtain a mortgage and have not paid rent and have not allowed us access to our property this property is a single family hame in upstate ny
Expert:  LawTalk replied 8 years ago.
Good afternoon,

If you are looking for the Petition for Ejectment, you will find it here:

http://www.courts.state.ny.us/Supctmanh/other_forms.htm

Click the link, then scroll down the list of court forms to: Ejectment, Order and Judgment

I wish you the best.

Best regards,

Doug


 

LawTalk and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 8 years ago.
i need the motion or complaint as well
Expert:  LawTalk replied 8 years ago.
Good afternoon,

Here is a link tot he forms provided by the Supreme Court.

http://www.courts.state.ny.us/courts/12jd/civil/allforms.shtml

Best regards,

Doug


 

Expert:  LawTalk replied 8 years ago.
The state of New York does not provide a fill in the blank form for Ejectment actions. You will likely need to have the complaint prepared by a local real estate attorney.

I wish you well.

Best regards,

Doug

Customer: replied 8 years ago.
none of these sites show either a complaint or a motion for ejectment where do i find that
Expert:  LawTalk replied 8 years ago.
Good afternoon,

The state of New York does not provide or publish a fill in the blank form for Ejectment actions. You will likely need to have the complaint prepared by a local real estate attorney. New York only provides a limited number of forms for use in the court system.

If you are intent on doing this on your own, without the assistance of an attorney, all I can suggest is that you either pay one of the on line court form companies for a form that they have created, which may or may not be appropriate, or, go to the court clerks office, ask a clerk to show you an ejectment case file, and look at the format used by the local attorneys for the ejectment action.

I wish you well.

Doug