LIEB BLOG

Legal Analysts

Showing posts with label Divorce Deals. Show all posts
Showing posts with label Divorce Deals. Show all posts

Tuesday, December 08, 2020

NEW PODCAST: Keeping Your Property After Divorce

NEW PODCAST = Equitable distribution, maintenance, and all fancy legal terms explained with our expert Eric Wrubel, who discusses how to keep your kids inheritance away from the ex. #listentolieb #theLIEBCAST #divorces #realestateanddivorce 

CLICK HERE TO LISTEN




Monday, December 07, 2020

NEW PODCAST: New Innovation Streamlines Divorce Proceedings

2021 is expected to be the War of the Roses. Find out how the pandemic has impacted families nationwide and backlogged the court system. We found a new solution. Divorcing couples and their counsel will no longer have to wait for the overburdened New York State court system to schedule a trial on financial issues related to their divorce. We bring on the founder of a brand new platform for litigants in a divorce or family law action to have financial issues heard by an experienced, neutral third party who will render a binding decision following the presentation of admissible evidence. 




Friday, September 23, 2016

Lieb School Launches 22.5 CE License Renewal Course Package | Online Video Classes | $99.00

NY Real Estate Continuing Education 22.5 Credit 

License Renewal Course Package 

(click for online classes preview - turn sound on)
Anywhere and anytime you can finish all 22.5 hours of real estate continuing education as long as you have internet access. Lieb School’s online license renewal package includes video, audio and interactivity to get the job done without making you want to gouge your eyeballs out. Satisfies Department of State, New York Real Estate Continuing Education Requirements for License Renewal.

Courses include:

  • Deal Killers (3 CE Credits)
  • Conflicts of Interest (3 CE Credits)
  • Agency Disclosure (8 CE Credits)
  • Divorce Deals (4.5 CE Credits)
  • Fair Housing Act (4 CE Credits)
The first course in this package is Deal Killers, where you will learn how to comprehensively negotiate a deal with substance and understand how to lock in your commission through creating a paper trail proving that you addressed substantially all of the essential terms of the transaction while negotiating the deal. Next, Conflicts of Interest will teach you the role of each player in a transaction and how to avoid an ethical claim that can otherwise ruin your career. Following, you will learn the whole enchilada about agency disclosure including an easy to follow 12 scenario explanation of which form to give and when. After you have mastered how to fill out the agency disclosure forms, Divorce Deals will show you how to navigate through all of the complexities of selling a marital residence and share with you interesting insights of what your clients are going through during their divorce process. Last but certainly not least, after completing the Fair Housing Act course, you will learn the nationwide standard for anti-discrimination laws in residential housing and how to perform your job while avoiding lawsuits, which New York State is actively pursuing against real estate brokers today.

After trying Lieb School’s ONLINE classes, you will never want online education from any other provider. Lieb School’s leading distance education combines the latest interactive technology, license law education and continuing edutainment.

Each course includes a video from a live classroom setting that was instructed by premiere lecturer Andrew Lieb, Esq. Content is thereafter broken down in order to simplify the learning experience so that students can absorb our field’s complex materials without being overwhelmed.

*Prices Subject to change
** Must complete the courses 6 months from the date you registered


CLICK HERE TO REGISTER






Wednesday, January 13, 2016

Why Lieb School's Online Classes Are The Best On The Market

If you are looking for the best education available, we suggest you try our first online class which is Divorce Deals. Additional classes will be added throughout the year. We are in the process of getting all of our online courses licensed. The next course that will be available within the month is The Fair Housing Act ONLINE which will satisfy the DOS requirement of Fair Housing & / or Discrimination.
We partnered with the leading online technology platform to deliver the best in-class user experience that includes audio, video and interactivity. The material is provided by Andrew Lieb, Esq. who combines the latest case law with practice management. Not only is our delivery method entertaining, but you will walk away with the greatest understanding of each topic. Our goal is to help you make money in practicing real estate while staying compliant with your license law.

Here is a 30% off coupon: LIEBSCHOOL30 (expires 2/1/16)

We hope that you will give our education a chance to benefit your career!





Wednesday, December 23, 2015

4.5 CE Credits | Online Video Class | Divorce Deals (Lieb School Just Released!)

We know that you will never want education from anywhere else after you try it!

Lieb School's leading distance education combines the latest interactive technology, license law education and continuing edutainment. Take Lieb School online courses on-the-go on PCs, Macs, iPads or Tablets.

The first class offering is Divorce Deals ONLINE worth 4.5 Credits (having taken a live class on a topic does NOT prevent earning credits from the online class).

 HOW TO SIGN UP FOR LIEB SCHOOL ONLINE CLASSES
  1. Click here to create a new Online Classes Account
    (a new online classes account is required for first time users)
  2.  Login, click "CATALOG" (on the upper right hand side of page)
  3. Add course to shopping card: Divorce Deals ONLINE 



Watch out! Divorce Deals are terrific fun, but full of challenging obstacles that can cause you headaches and expose you to liability if you aren’t prepared. Ever work with divorcing spouses before? Then you know. Good luck getting them to agree on anything.

Divorce Deals ONLINE is an adaptation of the live class Divorce Deals offered by Lieb School. This 4.5-hour distance education course is designed to teach New York real estate brokers and salespersons how to navigate through all the complexities of divorce deals.

This course is instructed by premiere lecturer and attorney Andrew M. Lieb, Esq., MPH, who combines video footage of live class segments with visuals, study guides, and quizzes in order to optimize your understanding of the intense materials. It is delivered in an asynchronous model to allow for accessibility whenever and wherever you find convenient while also offering note-taking and in-class comment features to provide opportunities for feedback, questions, and discussions.

Unlike the 3-credit live class, this course accounts for 4.5 credits of the total 2-year requirement of 22.5 credits for license renewal, thereby allowing you to satisfy more credits with just one class. A divorce can pull everyone and everything into its grasp. This course will offer the tools that you need to handle those intricacies while earning your commission.  

Monday, February 23, 2015

Lieb School's 200th Class - Divorce Deals in Southampton 3/5/15

We are thrilled to announce the opening of our 200th Lieb School Class!

Divorce Deals: Selling the Marital Residence

Instructor: Andrew Lieb, Esq., MPH

Date: March 5th, 2015

Location: 230 Elm, Southampton NY

Click Here to Register

Class Description: Watch out! Here comes a headache, exposure to liability and impossible commissions. Ever work with divorcing spouses before? Then you know. Good luck getting them to agree on anything from sales price to showing dates while selling their homes or commercial properties? What happens when they start asking you to write letters about how their spouse is not cooperating on the deal? Ever get a call from their lawyers? How about when you get subpoenaed to appear and testify in their Contempt Hearing? What do you do? Where do your duties lie? What can you say and which documents can you provide?

A divorce can pull everyone and everything into its grasp. This course is designed to teach real estate agents how to navigate through all of the complexities of divorce deals from properly listing the property to procuring a purchaser and receiving commission in compliance with License Law.

Learn about the Domestic Relations Law’s concept of marital property. Prepare yourself to stay above the fray, make the deal, get paid and keep the divorcing clients responsive and cooperative along the way. Good luck.



Monday, September 23, 2013

Upcoming CE in Southampton - Divorce Deals (Free, Fun with Food!)



DIVORCE DEALS

Instructor: Andrew M. Lieb, Esq., MPH
Location: Southampton NY
Date: 10/3/13
Advanced Enrollment Required: http://www.liebschool.com 

Watch out! Here comes a headache, exposure to liability and impossible commissions. Ever work with divorcing spouses before? Then you know. Good luck getting them to agree on anything from sales price to showing dates while selling their homes or commercial properties? What happens when they start asking you to write letters about how their spouse is not cooperating on the deal? Ever get a call from their lawyers? How about when you get subpoenaed to appear and testify in their Contempt Hearing? What do you do? Where do your duties lie? What can you say and which documents can you provide?
A divorce can pull everyone and everything into its grasp. This course is designed to teach real estate agents how to navigate through all of the complexities of divorce deals from properly listing the property to procuring a purchaser and receiving commission in compliance with License Law.
Learn about the Domestic Relations Law’s concept of marital property. Prepare yourself to stay above the fray, make the deal, get paid and keep the divorcing clients responsive and cooperative along the way. Good luck. 

Monday, July 29, 2013

Last Minute Seats - Divorce Deals CE in Rockville Centre


Wednesday July 31st at 4:30pm in Rockville Centre


Divorce Deals: Selling the Marital Residence

Instructor(s): Andrew Lieb, Esq., MPH
Sponsor(s): Citibank
Credits: 3.0 CE Hours
Watch out! Here comes a headache, exposure to liability and impossible commissions. Ever work with divorcing spouses before? Then you know. Good luck getting them to agree on anything from sales price to showing dates while selling their homes or commercial properties? What happens when they start asking you to write letters about how their spouse is not cooperating on the deal? Ever get a call from their lawyers? How about when you get subpoenaed to appear and testify in their Contempt Hearing? What do you do? Where do your duties lie? What can you say and which documents can you provide?
A divorce can pull everyone and everything into its grasp. This course is designed to teach real estate agents how to navigate through all of the complexities of divorce deals from properly listing the property to procuring a purchaser and receiving commission in compliance with License Law.
Learn about the Domestic Relations Law’s concept of marital property. Prepare yourself to stay above the fray, make the deal, get paid and keep the divorcing clients responsive and cooperative along the way. Good luck. 

ADVANCED ONLINE ENROLLMENT REQUIRED. 

VISIT WWW.LIEBSCHOOL.COM FOR MORE INFO

Tuesday, May 21, 2013

Suffolk County Real Estate Agents! Some New Seats Opened - Divorce Deals & Property Management

We have some last minute cancellations for the free 3 credit CE course Divorce Deals in Riverhead tomorrow on 5/22/13. We also have new seats available in the course Property Management 101: A Good Piece of Dirt in Hauppauge on 6/6/13.

Visit www.liebschool.com to learn more about our free continuing education courses for licensed Real Estate Salespersons and Brokers in New York.




Wednesday, May 08, 2013

Child Support and Maintenance as Lien Priority

At our continuing education course, Title Waves, held last week at Chase Plaza, a real estate agent inquired whether child or spousal support (maintenance) received lien priority in the same way that real estate tax liens do.

The answer is that they don't. In fact, a child support or spousal support Order is not even a lien in the first place, much less a prioritized lien. Instead, only after there are arrears and a money judgment concerning those arrears is a lien even possible.

So, in every situation, in order to even receive a lien, a judgment is necessary. To be clear, a judgment for periodic future support payments does not qualify for a lien regardless that the Judge Ordered someone to pay. The lien only arises when a Judge indicates through an Order that the payor is in default.

With respect to lien priority, only real estate tax liens and certain mechanics' liens can skip the general rule of first in time, first in right with respect to lien priority.

However, this is not the end of the discussion. You see, while there is no lien priority with respect to real property for child support and maintenance liens, CPLR 5234(b) does provide for priority with respect to personal property. In fact, the CPLR section states, in pertinent part, that "child support shall have priority over any other assignment, levy or process" with respect to satisfying an execution or order of attachment against a debtor.

So, while there is no lien priority to support obligations with respect to real property (land & structures thereon, such as a house); there is lien priority when a Sheriff sells personal property to satisfy the debt on behalf of the creditor.

Wednesday, April 03, 2013

How will the new amendment to divorce law affect real estate?


On January 30, 2013 22 NYCRR 202.16a was amended. What does this mean? How will this affect your divorce? And why am I writing about this? The answers are: Keep reading, keep reading, and this is important. In that order.

22 NYCRR 202.16a is the counterpart to DRL §236(B)(2)(b) and it requires the plaintiff in a matrimonial action to cause the defendant to be served with a “notice of automatic orders” which informs the parties, inter alia, that neither party may in any way dispose of any property without written consent of the other party or by order of the court, except in the regular course of business, for customary household expenses, or in order to pay reasonable counsel fees in the divorce. We’ll refer to these prohibitions as “automatic orders”.

This is a terrific directive as it ensures that your soon to be ex-spouse will not sell your vacation home without your written consent during your divorce. You love that home, it has the biggest pool on the block, your kids learned to swim in the pool and your friends are openly jealous of what you modestly call your “vacation home” (truth: it’s a castle). You are not ready to part with it. So what happens if your unloved one (we’ll kindly refer to the unloved one as your “soon to be ex”) during your divorce sneakily sells the house for half its value (possibly accepting the other half of the payment as a promissory note, transfer of stocks, benefit to his/her business, or cash, as this is just the type of transaction a sneaky person will undertake)? Your soon to be ex will earnestly explain to the court that this is really his separate property, he purchased it with his own money, his name is solely on the deed, and besides, the real estate market is terrible and he sold it for the best price he could, the proceeds were used to pay off debts, and there is simply no money from the sale proceeds to share with you. But you know in your heart that your soon to be ex is doing what he best does-suavely talking his way out of yet another questionable and downright unethical act. What is your remedy?

Until the recent amendment of the law, your remedy was unclear, as the courts were divided on the appropriate remedy for a violation of the automatic orders. Some courts ruled that the violation of the automatic orders is not subject to a punishment of contempt of the Court (see Buoniello v. Buoniello, No. 35948/09 [Sup. Ct. Suff. Co., May 7, 2010]), while other courts held that the automatic orders are in fact orders of the court and a violation of the automatic orders may be subject to contempt of the court (see Sykes v. Sykes, 2012 N.Y. Slip. Op. 22049 [Sup. Ct. N.Y. Co. February 29, 2012]).

As of January 30, 2013 the following provisions have been added to the body of the automatic orders:
1.      “Upon service of the summons in every matrimonial action, it is hereby ordered that…” (body of the automatic orders follows, see 22 NYCRR 202.16a) (This clearly designates the directive prohibiting transfers during the divorce as “Orders”).
2.      “These automatic orders shall remain in full force and effect during the pendency of the action unless terminated, modified or amended by further order of the court or upon written agreement between the parties.” (This clearly sets forth the timeframe of the applicability of the orders).
3.      “The failure to obey these automatic orders may be deemed a contempt of the court.” (Our favorite new provision in the automatic orders.)

The recent amendment will serve to resolve the courts’ division on the appropriate remedy for a violation of the automatic orders.  Now all the courts will have contempt of court at their disposal to punish violators of the automatic orders. Now your soon to be ex will think twice before sneakily selling your vacation home during the divorce. And if he doesn’t, then jail may be his new home. Thank you Administrative Board of the Court for your recent amendment to 22 NYCRR 202.16a. We love it! May justice reign uniformly in the Matrimonial Parts of the Supreme Courts of the State of New York.