New Seat Openings - Because of last minute cancellations - Registration is now Available for this Thursday's Foreclosure Filibusters Class at Bethpage Federal Credit Union! (Brand new class - 3 credits)

Register now!

http://www.liebatlaw.com/realestateschool/register/6

The tide has turned. The homeowner is right. The home is paramount. We will protect the disadvantaged.


Law is like a seesaw and today is the homeowner's day. Just this week, New York became the first state to require lenders to vouch for the accuracy of their mortgage documents. In fact, the assurance must come in the form of an attorney certification by way of affirmation. The affirmation must state that counsel has taken reasonable steps to verify the accuracy of documents filed in support of residential foreclosures. Such residential foreclosures appear to include condos, 1-4 family homes, private homes, but no owner-occupied requirement appears, which is broader than the other requirements to date in this field.

According to a Press Release Issued by the Unified Court System:
Plaintiff's counsel in foreclosure matters must submit the affirmation at one of several stages. In new cases, the affirmation must accompany the Request for Judicial Intervention. In pending cases, the affirmation must be submitted with either the proposed order of reference or the proposed judgment of foreclosure. In cases where a foreclosure judgment has been entered but the property has not yet been sold at auction, the affirmation must be submitted to the court referee, and a copy filed with the court. five business days before the scheduled auction. Counsel is also obligated to file amended version of the affidavit if new facts emerge after the initial filing.

It seems no foreclosure auctions will be happening this week in the wake of the 5 day rule.

To see a copy of the required affirmation, click here. To view the law, click here. Fore more generalized info about residential foreclosures, click here.

Yet, this is not all, it gets better: A new law allows homeowners to recoup legal fees in foreclosure cases proclaims the New York Times in an article on October 21, 2010. To read the article, click here.
The law - Access to Justice in Lending Act - which can be found by clicking here, provides attorneys fees to defendants who are successful in a foreclosure action.

The stated purspose of the law is as follows:
The purpose of this bill is to allow borrowers in a foreclosure proceeding access to legal representation by providing that mortgage agreements which allow a prevailing lender to recover attorneys fees in a foreclosure proceeding shall be read to allow prevailing borrowers to recover attorneys fees as well, thereby enabling borrowers with meritorious defenses to foreclosure to obtain the legal representation necessary to assert those defenses.

So, mortgagors its time to get your ducks in a row. Lets clean out the cannons. Gather your troops. Its time for war.

http://myemail.constantcontact.com/NEW-CE-Class--FORECLOSURE-FILIBUSTERS--Southold-and-Bethpage-Openings-.html?soid=1103454891678&aid=uHHMY5d46Io

http://myemail.constantcontact.com/NEW-CE-Class--FORECLOSURE-FILIBUSTERS--Southold-and-Bethpage-Openings-.html?soid=1103454891678&aid=uHHMY5d46Io

Attention Hamptons & North Fork Real Estate Professionals: Registration NOW available for Continuing Education Courses in Southold and Southampton. Classes are 3 Credits Each and Free! (Thanks to our sponsors HANFRA, SEA TOW INTERNATIONAL, and SOUTHAMPTON INN)

November 4th - (Southold)** NEW COURSE ** FORECLOSURE FILIBUSTERS

November 11th - (Southampton) ** COMMERCIAL REAL ESTATE

- To register go to http://liebatlaw.com/lal/RealEstateSchool/Register


About The Courses:

Foreclosure Filibusters
Credits: 3 Hours

Instructor(s): Andrew M. Lieb, Esq., MPH

Summary: We are pleased to offer this advanced seminar on delaying the foreclosure process. This course is a modified version of a course first taught by Mr. Lieb to hundreds of attorneys through First American Title Insurance Company of New York's CLE program. Yet, we tailored the content to help Real Estate Professionals understand the Federal Programs available (such as HAFA’s Proactive Short Sale Agreement requirements) and how they can best utilize the programs to close deals before the auction.

After taking this course, a Real Estate Professional should feel at ease with the Making Homes Affordable Program, be knowledgeable about Restraining Orders through Motion Practice and become familiar with Chapter 7 and 13 Bankruptcies.
Real Estate Professionals will become empowered to educate their clients on techniques to avoid a deficiency judgment while prolonging the foreclosure process and saving face while avoiding the foreclosure auction.



Commercial Real Estate Course
Credits: 3 Hours

Instructor(s): Andrew M. Lieb, Esq., MPH; Jennifer Pendzick

Summary: For both residential agents looking to expand their know-how and commercial professionals looking to hone their skills. This survey course discusses the commercial value add, land use (zoning), property management, commercial valuation, the 1031 exchange, and the tenants in common ownership structure.