LIEB BLOG

Legal Analysts

Saturday, March 06, 2010

21 East Shore Road, Manhasset New York

Opening the new location today. We are going to take measurements and start a little construction. By the end of the month, we expect consultations to be available in both Manhasset and Center Moriches. The Manhasset office is opening in correlation with our real estate school offerings through Bethpage Federal Credit Union, at their South Oyster Bay Road, Bethpage, location. We will now be a presence in both Suffolk County and Nassau County. For more information, please contact Lieb at Law at 631-878-4455 or at info@liebatlaw.com or you can always visit the website at www.liebatlaw.com.

Thursday, March 04, 2010

Security Deposit Ownership

This money is the tenants, not the landlords. Therefore, if the landlord gets interest on this money, its the tenants. So, landlords should not commingle this money and instead should use a separate account if they want to put it in a bank. In fact, there are specific laws about this in the General Obligations Law and a landlord is sometimes required to get interest for the tenant. From a landlords perspective, safe is better than sorry. Know the law and follow it.

Wednesday, March 03, 2010

The Foreclosure Mill

If you are being foreclosed upon the bank's attorney is probably Steven J. Baum P.C.

According to the New York Post, his firm filed 12,551 foreclosure lawsuits last year, which equals about 48 a day. -WOW-
(See Feb. 28, 2010 article by Richard Wilner, Liening on NY homeowners)

Lets throw a stick in their mill and show some of the questionable legal work that was referred to in the article. So, if you are being foreclosed upon or you are an agent of someone who is, make sure they get a competent attorney to act as that stick. There are many great defense attorneys in New York that would love nothing better than to shut down the mill and help some struggling New Yorkers just like you.

Foreclosed, but Staying Put

Even after the years that it often takes to accomplish a foreclosure and sell a referee's deed at a foreclosure sale, did you know that the former homeowner can still stay in the property?

Yes, that's right, the former homeowner becomes a holdover occupant and not only that, but the new owner must even provide written notice, called a "Notice to Quit", before starting eviction proceedings. In fact, under RPAPL Sec. 713, the notice must be at least 10 days for former owners and thereafter the new owner must get a Judgment of Possession and a Warrant of Eviction.

Lastly, its possible for the holdover to get another 4 months in the home under RPAPL Sec. 751(a) and (b) even after a Warrant of Eviction is issued by the Court, but there is a tough burden on the holdover and they must pay certain monies into the Court for this benefit.

Yet, this is real technical stuff and you must get a lawyer to guide you, as a former owner, through this difficult terrain if you seek to succeed.

As a foreclosure purchaser be warned that you may not have possession for quite some time.

Tuesday, March 02, 2010

No Blog Keith & Long Island 2nd Home for the Winter

Sorry for the false advertisement on a substitute blog from Keith while I was away, but I guess we had a miscommunication and he did not realize to blog.

Anyway, I wanted to first remind everyone to check out liebatlaw.com to learn about our new classes. The real estate school is booking fast in both Center Moriches and Bethpage, so get on the site if you want to register for our free CE classes.

While I was away in Utah, which was great by the way, they have the best snow in the world, I was thinking about an issue in Long Island. You know that Utah boasts about being a winter destination with great mountains and snowboarding, in fact I saw a sign saying "there is no place like your 2nd home". Well Long Island is comparable in boasting about being a 2nd home community, but instead as a summer destination. You know the Hamptons, Fire Island, the North Fork. Hell, even Long Beach, the Rockaways, and Montauk. Yet, we have a problem? We only talk summer. In Utah, the whole time I was there all I heard about was the hiking and the mountain climbing and the biking during the spring, fall, and summer. They target the off season, we don't. What are some things that we should promote in Long Island that do not happen in the Summer? Why should people find Long Island to be the best place on earth for a 2nd home?

For starters, lets talk about ice boating, ice skating, the Islanders, restaurants, shows in Patchogue, Westbury, Westhampton and elsewhere, but I am stumped on what else. So please help me with this and lets put together a list of why people should love the Long Island winter.