LIEB BLOG

Legal Analysts

Showing posts with label #realestateinvestingwithandrewlieb. Show all posts
Showing posts with label #realestateinvestingwithandrewlieb. Show all posts

Tuesday, July 21, 2020

21 Jul

Foreclosure Tsunami Coming - Litigation Checklist

The moratorium on foreclosures expires on August 20th (EO 202.28) and a foreclosure tsunami is coming. According to CNBC, "32% of U.S. households missed their July housing payments" based on a survey by Apartment List, which also advises that 17% of "homeowners [are] concerned about foreclosure." To prepare for the tsunami,...

Tuesday, June 30, 2020

30 Jun

NY's Eviction Moratorium is Constitutional - Read What Else the Court Tells Us

If you are a NYS landlord, you MUST read the decision from the case Elmsford Apartment Associates LLC v. Cuomo if you want to be on the top of your game. We aren't going to discuss the results, beyond saying the Court ruled that Governor Cuomo can legally suspend evictions and more during a pandemic. We focus...

Friday, June 05, 2020

05 Jun

Are You Ready to Reopen Your Business? Here is Your 5-Step Plan

5-Step Plan to Reopen Your Long Island Business We are reopening throughout Long Island! Phase 2 is Wednesday - Are you ready to open your business?   Reopening isn’t just going back to work – there are 5 steps that businesses must take to open their doors if they want to avoid legal troubles. Step 1....

Thursday, May 21, 2020

21 May

Commercial Personal Guaranties Deemed Unenforceable in NYC Council’s COVID-19 Relief Bill – Litigation to Follow if Enacted

On May 13, 2020, the NYC Council approved Int. No. 1932-A, which makes substantial changes to personal guaranties in commercial leases. The bill is on the Mayor’s desk to be enacted. The bill’s purpose is to provide relief to NYC commercial tenants impacted by COVID-19. It temporarily prohibits the enforcement of...

Friday, May 15, 2020

15 May

HGTV Stars Join Our Radio Show on 5/17/20

15 May

Nassau County Tax Map Certification Letter Fees Deemed Unconstitutional

Nassau County Supreme Court Justice Jeffrey Brown struck down Nassau County’s $355 fee to verify a property’s section, block and lot due to it being unlawful and unconstitutional. In Falk v. Nassau County, the Plaintiff alleged that Nassau County excessive fees for tax map certification letters (TMCLs) as issued pursuant...

Thursday, May 14, 2020

14 May

New Bankruptcy Filing Procedures in relation to a COVID-19 Mortgage Forbearance

The Coronavirus Aid, Relief, Economic and Security (CARES) Act allows borrowers to request a forbearance on their mortgage. (You can read more about the CARES Act and mortgage forbearance requests in our article HERE.) As bankruptcy filings are expected to rise due to the COVID-19 pandemic, the U.S. Bankruptcy Court...

Wednesday, May 13, 2020

13 May

Podcast | Foreclosures & Mortgage Modifications - Perspective From The Lender

You can't just decide to stop paying your mortgage without consulting with your Lender.  In Episode 42, Andrew and Lauren breakdown the cost/benefit analysis of whether you deserve a mortgage modification. We discuss foreclosure lawsuits, mortgage terms and what motivates a modification from your lenders perspective....

Tuesday, May 12, 2020

12 May

Podcast | Tips For Landlords To Renegotiate Lease Terms

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Monday, April 27, 2020

27 Apr

Fair Housing Disclosure / Notice / Website Requirements - Effective June 20, 2020

Major NEW Fair Housing Regulations are effective June 20, 2020 according to the NYS Board of Real estate meeting that was held on April 27, 2020. ALERT: Real estate brokers must implement trainings immediately on their salespersons distributing the new required disclosure form or risk both license law violations and...

Friday, April 24, 2020

24 Apr

New SBA Guidance on Paycheck Protection Program and Good Faith Certifications

On April 23, 2020, the U.S. Small Business Administration issued new guidance on the Paycheck Protection Program under the CARES Act, specifically concerning the SBA’s position on good faith certifications and limiting PPP funding to public companies. All applicants and recipients of PPP funds should pay close attention...

Friday, April 17, 2020

17 Apr

Cuomo Extends Deadlines for Condominium Filing Requirements

Governor Cuomo has signed Executive Order 202.18 which extends deadlines for condominium offering plans, offering breathing room to developers. The deadlines for the following requirements have been tolled: Requirement of filing an offering statement or prospective within 15 months of date of issue of the letter from the...

Monday, April 13, 2020

13 Apr

Employer Alert - Executive Order on Essential Businesses

On April 12, employers were ordered to provide their staff with face coverings. The Executive Order 202.16 provides: For all essential businesses or entities, any employees who are present in the workplace shall be provided and shall wear face coverings when in direct contact with customers or members of the public....

Friday, April 10, 2020

10 Apr

Spousal Refusal in Medicaid Planning

Do you need Medicaid and can’t wait for a 5-year lookback to qualify?Then, consider Spousal Refusal, which with the Reverse Rule of Halves, represent 2 options to avoid the 5-year lookback requirements. Spousal Refusal means that assets are transferred from the Medicaid applicant to such applicant’s spouse (the community...
10 Apr

The Reverse Rule of Halves in Medicaid Planning

Medicaid provides a penalty period for the transfer of assets for less than its fair market value within 5-years of an individual’s application for Medicaid. The penalty is calculated by taking the amount of the transfer and dividing it by the average cost of one month of nursing home care in the region where the applicant...

Thursday, April 09, 2020

09 Apr

Empire State Development Issues Guidance on Real Estate Services

On March 9, 2020, Executive Order 202.6 mandated non-essential businesses to reduce their in-person workforce by 50% and later, by 100%. Today, the Empire State Development (ESD) issued guidance on Executive Order 202.6 to further determine which businesses are considered essential. What does the ESD Guidance mean for...

Tuesday, April 07, 2020

07 Apr

Deeds & Estate Documents - Electronic Witnessing Now Permitted

Through Executive Order 202.14 and effective from April 7, 2020 to May 7, 2020, the act of witnessing as required in signing a will, healthcare proxy, disposition of remains, recording of instruments regarding real property, power of attorney and living trusts may now be done through audio-video technology. To do so,...
07 Apr

Are You at Risk to Exposure to COVID-19? Designate a Guardian with this Form

By Executive Order 202.14, Governor Cuomo has permitted the use of this form for "any parent, a legal guardian, a legal custodian, or primary caretaker who works or volunteers in a health care facility or who reasonably believes that they may otherwise be exposed to COVID-19... [to] designate a standby guardian" for their...
07 Apr

Penalties for Violating Executive Orders on Coronavirus Expanded AGAIN

By Executive Order 202.14, Governor Cuomo enacted new penalties for violating Coronavirus Executive Orders, in addition to what we discussed in our blogs - Penalties for Keeping Your Real Estate Opened in Coronavirus Expanded and What Happens When You Ignore the Essential Services Executive Order.  The new...

Friday, April 03, 2020

03 Apr

Paycheck Protection Program - Regulations Explained

The Coronavirus Aid, Relief, & Economic Security Act (CARES Act), signed into law on 3/27/2020, includes expeditious relief for America's small businesses through loans funded at $349 billion. §1102 of the CARES Act establishes the Paycheck Protection Program (PPP) under the SBA 7(a) Loan Program & Â§1106...