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paula62270

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  1. Thank you, I will consult a local attorney.
  2. I was referring to the escrow agreement within the purchase agreement. My parents are alive and well (father is 83, mother is 76). They retired 20 years ago and living in their native country, Portugal. My sister and I (mostly me) have handled all their affairs here in the US since then. What I meant was that my parents, sister and I are wondering what happened to the money in escrow since the house is now for sale. For the past 6 years I have been on dialysis battling kidney failure. Just recently had my third kidney transplant back in Oct 2017. Yes, of course the money would benefit us. Especially with all my medical bills. My sister hardly has time to handle anything else aside from her two kids and three jobs. So, I am on this site to get a better understanding of real estate law and what options, if any, we have to resolve this matter. I truly appreciate everyone's legal advice.
  3. My parents interests are synonymous with me and my sister. My question now is since the house is on the market, doesn't that automatically make the agreement null and void (after it sells)? Regardless of who was responsible, the $20,000 was our money and if it wasn't used by the buyer, then it should be returned to us. We actually spoke with the buyers attorney last year and the year before to see if he would be able to help us. He suggested getting in contact with the buyer so they can release the money but my real estate lawyer at that time has since passed away. In any event, we still sent the buyer a letter explaining our request. Never heard back from them. No surprise there.
  4. My sister and I conducted the closing with power of attorney as agents. Our names were also on the mortgage, and therefore owners of the property with my parents. Closing date was April 7, 2005. Here is a better understanding of the escrow agreement: The escrow for unfinished items agreement states, " The sum of $20,000 (Escrow Fund" is herby deposited with (my lawyers name) in a non-interest bearing account for the purpose of guaranteeing the completion of the following repairs/unfinished items: Certificate of Occupancy or certificate of Completion for Parking Area and Permit for Retaining Wall. The repairs or unfinished items must be completed on or about July 31, 2005. If work is required it must be performed in a workmanlike manner, satisfactory to Buyer(s) and Seller(s) and in compliance with all municipal and other governmental regulations. If the unfinished items are NOT completed by the Date of Completion, Buyer(s) may, at their option employ the necessary parties to perform the unfinished items. Buyers(s) give Seller(s) authorization to execute all necessary documents to be submitted to the Cit of Yonkers or to any of its departments or boards in order to complete the unfinished items. Buyers also give Seller(s) or their engineers, contractors, or their agents or employees to enter on the premises or to perform the necessary work in order to complete the unfinished items. When the unfinished items are completed and approved the the City of Yonkers. Buyer(s) and Seller(s) will instruct the Escrow Agent to release the Escrow Fund to Seller(s). Seller(s) shall be sole responsible for selecting the engineer(s) and contractor(s) who will perform the completion for unfinished items and for supervising the completion of such unfinished items. This agreement shall be binding upon the successors and assigns of the Buyer(s)/Seller(s)." The city of yonkers took forever to schedule an inspection of the existing parking and retaining wall, which at the time had already been upgraded by my father (he worked in construction). Eventually the due date expired and buyers claimed responsibility but nothing was ever done. I am in the process of finding out whether the outstanding permits have been taken care of or still in violation. Also, if they are still in violation, the buyer has been renting out the parking lot all these years illegally.
  5. Thank you for sending me the link but I actually tried that already. Nothing shows up under my name. I also tried The Lawyers Fund in Albany. They tried to help me but weren't able to track the money.
  6. What about the lawyers Fund in Albany? Do you think they might help me? Where will the money go if It hasn't been claimed??
  7. My parents sold their house back in 2004 (my sister and I handled the closing) but put $20,000 in escrow for outstanding permits. We never received that money back and the new owners never used it towards getting the permits. I know this because I spoke to the new owners a few times. During the past 14-15 years, I have tried numerous times to contact my lawyer who had the money in an escrow account. He would always put it off and would delay in contacting us. I found out that he was sick with renal failure and on dialysis. We felt bad for him because I was in the same situation, so we gave him some time to get better. A few years ago, he passed away and we were never notified. Again, I let some time pass to call his family out of respect to ask about my account or whether there was someone else in his place. When I finally called, I was given the cold shoulder. Received no help from his wife, or sons. His sons are also in real estate and I believe one is a lawyer. Had numerous conversations with them that led to nothing. I ended up doing my own research. Calling banks to see if there was any account with my last name and the lawyer's name in an escrow account. Still no luck. I even contacted the NY Law Fund in Albany. They tried to help me but weren't able to locate the escrow account. Today I found out that the property is for sale. Does this automatically release the money since it was never used?? I am at a loss and don't know what to do next. Is there a statute of Limitations? Can someone please give me advice???
  8. I have been out on FMLA due to End Stage Renal Failure. Tomorrow will be be my 12th week on FLMA. According to my Transplant team, they do not recommend that I return to work any time soon due to recent pneumonia and infection. As of today, I received a letter from my employer stating that since I will exceeding my 12 week leave of absence, they are releasing me from my position. Do they have a right to do this? Ever since I told them about my health problem, my employers' attitude towards me changed completely. At first I was a star employee and all of a sudden I was given two unjustified disciplinary actions. This of course was all before I became extremely ill. Now that they have the opportunity to let me go, they are trying to use FLMA in their favor. Now, I am left with no insurance to pay my medical bills and no job security. Can you help me? PLEASE.
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