LIEB BLOG

Legal Analysts

Tuesday, October 31, 2017

Lieb at Law: Top 5 Lawsuits That Can Undo the Transfer of Property

The first step to determine who owns a given parcel of real estate in the State of New York is to visit the County Clerk’s Office and to locate the latest recorded deed on the parcel. Recording of a deed is imperative because we live in a Race-Notice State and, under the Recording Act, priority of ownership is often determined by who records their deed first (i.e., the First in Time / First in Right Rule). The next step, which is of equal importance, is the realization that a deed can be rescinded or voided, and as such, the deed is not the last word on the topic of real estate ownership. As such, these top 5 lawsuits to set aside the deed should be considered in order to determine if the recorded deed is in jeopardy. Only then, should a property be sold.

Read the full article by Andrew Lieb, Esq. published in Dan's Papers here.

Friday, October 27, 2017

Lieb at Law Wins Dan's Papers Best Law Firm Award 2017

Tuesday, October 24, 2017

Congratulations, Leslie Mendoza, on Passing the New York Bar Exam!

Lieb at Law is proud to announce that Leslie Mendoza has passed the New York Bar Examination.

Ms. Mendoza has been a law clerk focused on assisting the firm’s compliance practice, as well as, real estate and commercial litigation. Upon admittance to the NY Bar, she will be the firm's 8th Attorney. 

It's not surprising that Ms. Mendoza passed the bar exam on the first try.

Ms. Mendoza graduated from Touro College Jacob D. Fuchsberg Law Center with magna cum laude honors where she was part of the inaugural two-year program and the Touro Law Review. Prior to law school, Ms. Mendoza graduated from Ateneo de Manila University in the Philippines, with a B.S. in Legal Management and a minor in International Business. Ms. Mendoza also attended Munich Business School where she studied European Business.
Congratulations, Leslie! We know how hard you worked for this and we cannot wait to see what you can do as a practicing Attorney in New York!




Monday, October 09, 2017

Good Faith Purchaser for Value's Ability to Record Memorandum Heard by Second Department

Andrew M. Lieb discusses the Appellate Division case of Vanderbilt Brookland, LLC v. Vanderbilt Myrtle, Inc., which clarifies the strict statutory recording requirements necessitated to establish bona fide good faith purchaser for value status when the recording is a memorandum of purchase and sale agreement rather than a contract of sale. This case matters when there are competing title claims of priority by differing contract vendees to the same real property. 

Read the full article published in the Suffolk Lawyer here. 

Thursday, October 05, 2017

Real Estate Salesperson FAQ: NY CE Requirements and Switching Broker of Record

A Real Estate Salesperson recently asked the following question:

Question: "If a broker released my license, can I still take the CE 22.5 hours and get credit towards my license? Or do I have to wait until a broker hires me? "

Answer (from The Department of State of NY): A renewal license will be issued to any licensee eligible to renew who has not been expired over 2 years, has completed the 22.5 hours of continuing education or is exempt and is associated with a broker at the time of renewal. There is nothing in the continuing education regulations that require a sponsoring broker be in place to be eligible to complete continuing education.

Friday, September 15, 2017

IMPORTANT NOTICE REGARDING CEASE AND DESIST ZONES FOR BRONX AND QUEENS COUNTIES

On September 12, 2017 the Department of State (the “Department”) filed a Notice of Adoption to establish cease and desist zones for parts of Bronx and Queens Counties. The regulations relating to these zones will go into effect on October 1, 2017 and will expire on October 1, 2022.

After several public hearings and obtaining information from homeowners within the designated zones, the Department concluded that regulations were necessary to protect individuals unwanted, intense and repeated solicitations.

While the zones are in effect, it will be unlawful for any licensed real estate broker or salesperson, or any other person regularly engaged in the business of buying and selling property to solicit a homeowner within the zone that has filed a notice with the Department requesting not to receive such solicitations. A list of homeowners that have filed such statements will be available on the Department’s website for free, or available for purchase for $10.00. The Department expects the first list to be available beginning December 1, 2017.

Sending solicitations to a homeowner that has registered with the Department can result in monetary fines, suspension or revocation of licensure. If necessary, enforcement proceedings will commence after January 1, 2018.

The zones include the following parts of Bronx and Queens Counties:

Bronx County:
All the land west of the Eastchester Bay south of Griswold Avenue to Bruckner Expressway; thence southerly along the Bruckner Expressway/Throgs Neck Expressway to Layton Avenue; then easterly to the Eastchester Bay.

Queens County:
The sections of the area of land in the County of Queens, City of New York, within the neighborhood commonly referred to as College Point, and more specifically bounded by and described as follows:
Beginning at the intersection of interstate 678 and the East River; thence southerly along interstate 678 to the intersection of interstate 678 and 14th Avenue; thence westerly along 14th Avenue to College Point Boulevard; thence southerly along College Point Boulevard to 28th Avenue; thence westerly to Flushing Bay; thence northeasterly along Flushing Bay and the East River to the point of the beginning.

The sections of the area of land in the County of Queens, City of New York, within the neighborhoods commonly referred to as: Bay Side, Bay Terrace and Murray Hill, and more specifically bounded by and described as follows:

Beginning at the intersection of the Cross Island Parkway and 149th Street; thence southerly along 149th Street to 46th Avenue; thence easterly along 46th Avenue and continuing along Hollis Court Boulevard to interstate 495; thence easterly along interstate 495 to the Cross Island Parkway; thence northerly along the Cross Island Parkway to the point of the beginning.

If you have any questions regarding the cease and desist zones for Bronx or Queens Counties, you may email questions to the Department at: licensing@dos.ny.gov, or contact 518-474-4429. Call Center Representatives are available from 8:30am to 4:30pm Monday through Friday except on Legal Holidays.

Lieb School Now Licensed In Connecticut | ONLINE License Renewal Package Coming 2018

Lieb School is thrilled to announce that we have been licensed in Connecticut. We plan on launching our license renewal package for Connecticut Real Estate Brokers and Salespersons in 2018. Stay tuned for more information!


Tuesday, September 05, 2017

These are the 5 Steps to Respond to a Lawsuit

Lien Law §19’s Summary Discharge of Lien for Private Improvement Clarified by Court of Appeals

The takeaway for practitioners is to look to the category of expenses claimed, not the amounts thereof, when evaluating whether a summary discharge should be sought on a NYC HPD lien.

Read the full article by Andrew Lieb, Esq. published in The Suffolk Lawyer here. 

Friday, August 18, 2017

Estate Deals ONLINE: Alive Deals, Dead Clients...

Estate Deals is an online video continuing education course that satisfies 4.5 credits of the total 22.5 credits required by the NY Department of State for license renewal.

An inheritance of real estate often needs to be liquidated by a real estate broker. It’s likely that a beneficiary already has a home. Often times, multiple beneficiaries don’t want to share a home. Frequently, estate creditors force a sale.

After completing this course, students will learn the unique language of estate deals, the impact of a Last Will and Testament on an estate deal, and how to navigate the probate / intestacy process while effectuating a sale. Students will be exposed to how an executor’s commission can impact their brokerage commission and how estate foreclosures can kill their deal in the entirety. Estate deals are an opportunity to both make money and to help a client in their time of need.

This course combines video footage of Andrew Lieb, Esq. teaching 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.

Click here to register

Minimum System Requirements

Department of State License Course Code: M12823