Legal Question in Real Estate Law in New York

A close friend of mine was killed over a year ago.He had no will and the only heir is a samll severly disabled son in Florida. His Ex-wife who is his quardian signed off and wanted no part as executor and the family petitioned the court to be his exec but the court denied their request. The family asked me to hold on to his motorcycle which I keep in a heated shop along with all maintence done by me. The estate has been sitting for a year and the bank is repossessing his house and called the family and told them all contents will be tossed. I asked the family about purchasing the bike as it was owned with no liens. They said they had nothing to do with any of his possessions and were not able to sign the bike over to me. How would I be able to take possession as no one is claiming it?


Asked on 9/03/09, 11:08 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

If the bank is foreclosing on the house, it is also foreclosing on the contents of the hosue. This may include the motorcycle.

I would contact the bank to see if it can obtain title of the bike as a result of the foreclosure. If yes, the bank (or Sheriff as agent for the bank) would deliver title in consideration of payment.

However, if the bank does not want to get involved, you may have a problem obtaining title. I would contact NYS DMV and ask about obtaining title for an abandoned vehicle.

Mike.

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Answered on 9/08/09, 2:40 pm


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