LIEB BLOG

Legal Analysts

Sunday, December 11, 2011

HEAP - Energy grants to get the heat on

As its starting to get cold outside, Suffolk residents should be mindful of the Home Energy Assistance Program. This program offers financial assistance to help pay energy bills. Notate, this is not a loan, but assistance, so if you are in need permanently or on an emergency basis, check out this program by clicking here.

Qualification for the program is based upon your monthly income with reference to the number of household occupants. So first check out your paycheck and than see if you qualify.

Also, you can qualify regardless if your energy bill is in your name or part of your rent. Don't be ashamed if you need help, instead get the heat on because with a good night's rest you will be more productive and perform better at work. Thereafter, you can help someone else in need in the future.

Gov's CFPB offers centralized reporting for mortgage complaints

If you weren't aware, the Fed Gov launched the Consumer Financial Protection Bureau this year and its starting to take names. Beyond a positive attempt to reframe the HUD-1, which all NY real estate professionals should take an interest in, the CFPB just launched a mortgage complaint hotline and web portal. Go check out the website at http://www.consumerfinance.gov/ to learn more.

While its still unclear what the extent of involvement in mortgage problems the CFPB will have, at the least, this new project provides a centralized place to submit complaints under the scary auspices of the government. Additionally, it is hoped that this new project will bring more attention to what has been this generation's epidemic, the housing bubble bursting. Maybe this project can help to light a fire under loan servicers to throw out their fax shredders and actually acknowledge receipt of workout documents and requests for information instead of blankedly claiming that the borrower has failed to comply.

Friday, December 09, 2011

Upcoming Free CLE - Property Wars: Real Estate Issues Incident to Divorce

The Long Island Education Board is excited to offer a brand new Free CLE course entitled Property Wars: Real Estate Issues Incident to Divorce.

Thanks to our event sponsor - PDE Title Services, LLC, this course will be offered on the following dates:

  • 1/11/12 - Bridgehampton
  • 2/29/12 - Manhattan
  • 3/28/12 - Melville 

Registration for this free Continuing Legal Education course in Bridgehampton on Long Island is now available. Click here to register. 


Property Wars: Real Estate Issues Incident to Divorce

While every divorce isn't the War of the Roses, no one likes to part with their home or commercial property and very often they are motivated to fight for what they believe to be theirs. In fact, many times divorcing parties will shop lawyers until they hear what they want to hear. Yet, this isn't limited to divorce lawyers. Often, the parties will seek real estate attorneys to move their property around before, during or after a divorce in order to circumvent the law. In the alternative, many divorces are settled amicably where a real estate transaction remains necessary incident to the divorce.
This 2 credit CLE course is designed to educate practitioners about the overlap between these 2 differing fields of law: matrimonial and real estate. In each field attorneys are often called upon to engage incident to the other. Following your attendance you will gain insight into both fields and become more familiarized with the statutes, cases and rules in the one that you don't typically engage. After all, clients like the Roses will go all the way to the end. You need to learn how to get out of the way of the falling chandelier. Credits: 2*
*Application for accreditation of this course or program in New York is currently pending*

    Thursday, December 08, 2011

    Mortgage Delinquencies to Rise & Fall in 2012

    According to TransUnion, click here, borrowers who are 60 or more days past due on their mortgages will decline from approximately 6% of all borrowers at the end of 2011 to 5% by the end of 2012.

    This is fantastic news and shows that we are slowly emerging from the ever present effects recession.

    Lets hope that this is a precursor to increased home sales. With less people talking foreclosure, consumer confidence should raise and people will feel safer making the large purchase of a new home. Here comes a better tomorrow.

    Tuesday, December 06, 2011

    Tax Cap on STAR savings

    NYS Government is capping the increases in savings experienced by School Tax Relief Program (STAR) and Enhanced STAR recipients at 2%. Therefore, during 2012, recipients will still save more than last year, but less than they otherwise would have saved. It appears to be a compromise by legislators in a troubled economy where tax dollars are necessary to found governmental programs. To learn more about this cap, click here.

    To learn more about the STAR program overall and legislation concerning this topic, click here.

    Savings is better than spending and in this economy any increases in savings is a good thing.

    Monday, November 28, 2011

    Lease Renewal Notice Provision not to be Strictly Construed

    In a recent controversial case in Manhattan, 135 East 57th street v. Daffy's Inc., the Appellate Division ruled that a tenant's failure to provide their landlord with a timely notice that they wished to renew their lease did not foreclose the tenant's ability to renew nonetheless in the face of the landlord's desire to evict.

    The Court ruled that regardless of the terms in a lease, equity or fairness could trump the parties agreement. Specifically, the Court stated a test for the tenant to exercise the option even where it failed to notice the landlord pursuant to the terms of the lease. The test is: (1) The landlord was not prejudiced by the delay in notice; (2) The delay was excusable; and (3) The tenant created value (which can only be for the tenant's behalf) in the premises or had made improvements to the premises

    This is a scary decision for landlords who rely on the terms of their agreements to make proper business decisions. In the wake of this decision, landlords should assume that a tenant's failure to renew by notice is not grounds to evict. Instead, the landlord must now go the extra step of getting confirmation that the tenant wishes to vacate in order to have a reliable working premises for their property. Basically, the Court puts the burden on the landlord for determining the tenant's intent to not renew regardless of the agreement of the parties. While its always been a residential tenant's world, it appears that the commercial tenant is not falling far behind in default rules in its favor. Landlords beware.

    Wednesday, November 23, 2011

    A Teaching Law Firm - Pace and the Long Island Education Board

    For the past 4 years, Lieb at Law, P.C. has continuously pushed the advantages of a teaching law firm, where attorneys are teaching at a New York State Licensed Real Estate School as they develop their careers. The belief has always been that teaching is the best way to learn and it forces attorney educators to know exactly what is happening on the cutting edge of our field. The model isn't original, but instead it is a replica of the medical model.

    It seems law schools are catching on as Pace Law School has just launched a "Legal Residency Program" for entry level attorneys.

    While the Pace Law School program is geared towards training new attorneys while they provide low cost legal services to the public, as their public statements represent, the Long Island Education Board, a division of Lieb at Law, P.C., is focused on Lieb at Law, P.C. attorneys becoming teachers themselves to achieve the highest level of client services. Therefore, two different aspects of the medical model are being replicated. Its theorized that a combination of the both; whats done in medical school, will be what ultimately results in the best results.

    Congrats to Pace and their innovative approach. Your friends at the Long Island Education Board support this endeavor and will monitor your success. Best of luck.

    Monday, November 21, 2011

    The Empire has Fallen - Baum to Close

    In a remarkable piece of news, foreclosure powerhouse, Steven J. Baum P.C. is closing. They have had a tough month first with their photographs mocking homelessness at their Halloween party to being kicked out of the Fannie / Freddie inner circle. Yet, this is a striking day in the history of the foreclosure crisis. Even the king of foreclosure is now homeless, Steven J. Baum P.C. is no more.

    To read a NY Times Article, click here.

    Wednesday, November 16, 2011

    New York Supreme Court rules Court can continue to sell case information

    The New York City Housing Court (“NYCHC”) maintains a database of every matter that passes through its court. “Okay…so what’s the problem with that?” you may ask. Well, a Landlord may obtain this information for a fee from one of the various organizations who purchase this information from the Court. This practice may result in prospective tenants being rejected and/or blacklisted for a housing application due to the Landlord’s perception that the prospective tenant is a “problem tenant” due to the tenant’s name surfacing in a search. However, an attorney has challenged this operation as it paints an incomplete and unfair picture with respect to prospective tenants.

    For example, the information obtained does not include a tenant’s reasons behind filing or their ultimate disposition of the case. Meaning, even if the tenants were “in the right” for bringing and/or defending an action, the Landlord is not privy to this information. Instead, the Landlord merely ascertains that the prospective tenant has been a party (it does not even specify whether the tenant brought the action or is defending it) to a NYCHC action and may subsequently unfairly dismiss this tenant as problematic.

    As of yesterday, the tenant in Whelan v. Lippman lost the bid to bar the Court System from selling this potentially harmful information to third-party companies by denying the tenant’s motion for a preliminary injunction. The underlying case concerning the “blacklisting” of tenants, however, was not dismissed. We will continue to monitor both the underlying case and any potential appeal of the related case. In the interim, be wary that your potential Landlord may utilize these services when reviewing your application.

    Monday, November 14, 2011

    Nassau DA faces eviction from Co-Op

    The Nassau District Attorney is being evicted from her Co-Op for violating the Co-Op's house rules.

    Apparently the Co-Op adopted a new house rule that requires "no new pet without prior approval policy". Well, the District Attorney got a new pet without prior approval. Yet, she thinks she should be able to keep the pet.

    The District Attorney appears to be fighting the eviction by saying she only bought the Co-Op because it permitted pets, she wasn't properly notified about the new policy and that by allowing other inhabitants who had a pet prior to the policy to be grandfathered in without prior approval, the rule is improper.

    Yet, the District Attorney should realize that when you purchase a Co-Op, you purchase an apartment subject to ever changing rules. If you don't like rules, get a house. While Co-Ops offer ease of living, it does not afford autonomy or privacy. Instead, its communal living with community rules.