On the flip side, lots of farms with no cows left so, you’d think there’d be someplace…
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I wonder who the carriage horse people have working for them, maybe that would be an option?
I used to talk to the guy from Chateau Stables. He was nice. I hired them for a wedding in 1988. He’s probably gone by now but I think that stable, which was active in legal matters is still around.
Nope. They closed in 2014.
Maybe their agent knows their attorney.
There’s a group NY Class I think it is who actively petitions city hall and law makers to make carriage horses illegal so the lawyers fight that.
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So was the horse owner not paying the board or what?
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It’s my understanding that she was paying rent on the farm, not boarding. I do not know if she was up to date, but I have not heard that was part of the problem- the sale was.
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You clearly did not read the story posted above.
This not about board.
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I did I just thought I was maybe missing something. Foreclosure? Missed rent? It’s not exactly clear.
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I hate to be a jerk here but this all could have been avoided if someone paid their bills. You can’t have this # of horses, and then say “I’m not paying rent”.
After being given a stay, she did not pay the required amount, so…
The stay was lifted.
She knew this property was in trouble from 2019 onwards, knew she wasn’t wanted on the property any longer following a foreclosure, didn’t pay the $4500 it would have taken to initiate a stay (which leads me to believe that there’s a damn good chance she wasn’t paying rent in a timely manner either), and she’s got 20 horses (some worth supposedly 5 figures)?
Color me unsympathetic. Sounds like someone who is a borderline hoarder was riding the COVID gravy train of “no evictions” and that came to an abrupt halt. You can not have 20 horses, and then not be able to scrounge together $4500 to continue their living situation. Sell some of the horses to pay the bills. They’re luxury pets. And she not only has 20 horses, but is breeding them?
Yuck.
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It’s certainly refreshing to see a sympathetic comment from someone that has apparently never been in a bad place/position.
- It was not her property. She was served as a tenant in 2019. She wouldn’t have received notification after that time. Foreclosure actions typically take up to 6 years in NYS. It had nothing to do with whether she was “wanted on the property any longer.” The bank wanted the $$$ from the owner of the property. She/Tenant was not the owner.
- The attorney agreed to the undertaking, but I have a feeling having spoken to the attorney, he did not communicate that it was a necessary evil or that it might have been negotiated to be accepted in payments. The undertaking did not = rent to the new under.
- We are all often one foreclosure/missed rent payment/board payment away from losing our lifestyle.
Judge all you like, but let the first person without sin, throw the first stone.
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I was confused as well. I got the sense she didn’t pay but wasn’t sure with the sale who was owed what and when which could be why she didn’t pay.
Regardless, it’s the animals who are the big losers here which is sad.
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First Action was a foreclosure action for the premises located in Freeville, NY entitled: Citimortgage v. O’Malley, and the Tenant etc. This matter was initiated in 2019 and Tenant was personally served as a tenant on the property. The filings are available on efile for NYcourts.gov and also on the Tompkins County Clerk’s website. This matter was apparently frozen due to Covid. When the Covid protocols were released, the bank moved for a judgment of foreclosure and sale. Apparently this occurred in March and the deed was recorded in April.
Second Action is the summary proceeding that was filed in the Dryden Town Court by the new owners of the property, Jessica Bartholomew d/b/a Revolution Farm. The predicate notice that was given was a 10 Day notice and Tenant was treated as a “squatter” without a landlord/tenant relationship under RPAPL 713, which was improper. The summary proceeding was scheduled for 6/20/22 by counsel for the Petitioner, however, due to the Juneteenth Holiday and court closure was rescheduled for 6/27/22. Tenant, having not submitted to the jurisdiction of the court and not having been property served with a new notice was unable to appear on that date, but appeared by her counsel. The judge permitted the summary proceeding to go forth as scheduled and apparently signed a judgment and warrant of eviction over the objections of her attorney.
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ok thanks because I know I’m not the smartest with legal stuff but I thought I must be truly dumb to not see what the details were lol
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What caused the foreclosure? She was renting or owning? So the owners were foreclosed on? Still not clear…
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The owner of the property did not pay his mortgage apparently. Tenant was renting from the prior owner.
And it can be very confusing for sure.
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Sounds like you’ve got skin in the game.
Owner wasn’t paying mortgage. Property is foreclosed on, tenant is served an eviction notice by new owners (you’re not welcome here anymore, red alert).
Tenant uses COVID exemptions as a reason not to get off the property, though she knows she isn’t wanted. (Question, was she paying during the COVID timeframe?)
Covid exemption expires, tenant is served again. Lawyers up. Is granted a stay if she pays a measly 4500. She doesn’t pay. Stay is recinded, eviction stands.
Why didn’t she pay the 4500? How much did she owe the new owners in rent? Why wasn’t she looking for a new place for the 20 horses prior to this?
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Does anyone happen to know the actual street address of the property? Just curious, since Freeville is not a big place. And I’m wondering where the property is that had room for 20 horses on it.
Please feel free to PM me if you prefer.
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I don’t have 20 horses. TWENTY. That I’m breeding, on a property that I know I’m not welcome on.
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[quote=“endlessclimb, post:58, topic:778980, full:true”]
Sounds like you’ve got skin in the game.
No but I hate to see procedural missteps which has definitely happened here.
Owner wasn’t paying mortgage. Property is foreclosed on, tenant is served an eviction notice by new owners (you’re not welcome here anymore, red alert).
I sure hope you are never in legal peril. Part of the issue here is that that appropriate notice required under NY law was not provided. 10 days vs. 90 days is a big deal for anyone being displaced. But Red Alert - you don’t know the law period.
Tenant uses COVID exemptions as a reason not to get off the property, though she knows she isn’t wanted. (Question, was she paying during the COVID timeframe?)
No - Tenant did NOT use Covid Exemption to not vacate the property. She was not served with a Notice to Terminate until sometime in May 2022. Yes she was paying the former Owner of the property - all of which is irrelevant to the issues at hand.
Covid exemption expires, tenant is served again. Lawyers up. Is granted a stay if she pays a measly 4500. She doesn’t pay. Stay is recinded, eviction stands.
No Covid Exemption employed here. The Covid shutdown affected all courts - courts were shutdown by the State of NY. Eviction was improper due to the improper notice served.
You’re kind of slow here…red alert.
Why didn’t she pay the 4500? How much did she owe the new owners in rent? Why wasn’t she looking for a new place for the 20 horses prior to this?
She was apparently looking but believed she had secured a place and that she was entitled to 90 days notice.
You would need to ask her regarding the $4,500. Would you like her number?
If you are unable to refer an attorney, just stop with the armchair lawyering since it is clear you are NOT an attorney and didn’t stay at a Holiday Inn Express last night either.
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