Attention Brokers - What should you do if your prospective seller has a Lis Pendens on their property with public records?

Most importantly, a Lis Pendens does not necessarily mean that there is a foreclosure on the property. Instead, a Lis Pendens simply means that a lawsuit has been filed against the property. This lawsuit could be a foreclosure, but it could also be a lawsuit for partition, adverse possession, prescriptive easement, constructive trust, specific performance, as well as many other topics.

So, first and foremost don't assume that there is a foreclosure on the property, but instead make inquiry as to the Lis Pendens.

• Step 1 - Ask the homeowner the nature of the lawsuit on the property.
• Step 2 - Inquire if you can talk to the homeowner's attorney to learn whether the lawsuit will be an impediment to selling the property (e.g., a specific performance lawsuit by a prior purchaser can make it impossible to sell the house whereas a foreclosure lawsuit with a house with equity remains a viable sale and a foreclosure lawsuit with a house without equity can be sold as a short sale).
• Step 3 - Assuming the lawsuit is a foreclosure, determine when the lawsuit was filed with the county clerk because if it was years ago its going to be very hard to sell the house before the auction (i.e., you can sell up until the auction as long as the seller can payoff the loan or if the lender takes a short payoff) and the homeowner likely defaulted on the lawsuit (i.e., they lost for inaction).
• Step 4 - If it is a foreclosure, help the homeowner to order payoff letters from their lenders in order to ascertain the precise amount owed (i.e., its not just the loan, but also the penalties, interest and attorneys' fees that are owed when the property is in foreclosure).  
• Step 5 - Workup a brokers' price opinion for the house as a distressed sale.
• Step 6 - Calculate closing costs for your seller.
• Step 7 - Determine if the seller has enough equity to close without dipping into their own pocketbook (i.e., compare the BPO with the payoffs and the closing costs). 
• Step 8 - If there is enough equity, list the house fast; if not, advise the seller that you can only list the property as a short sale (i.e., subject to bank approval with a short payoff).

REMEMBER - the bank doesn't stop the foreclosure process when a short sale is being sought, so you must insist that your listing is subject to the seller fighting the foreclosure with a competent foreclosure defense attorney - otherwise you will likely waste your time / money on this listing.

The advantage of a short sale over a foreclosure is #1 avoiding a deficiency judgment (i.e., judgment that can be enforced for 20 years for the amount the property is underwater). 

To learn about foreclosure / short sales / Lis Pendens and more - take our CE course, Foreclosure & Short Sales ONLINE.

BYOB Is Illegal: There’s Much to Consider When Opening a Restaurant

There are a ton of steps that you need to go through before your grand opening. You need to buy or rent space, make permit / zoning applications, renovate the space, enter into a ton of contracts, establishing an entity, creating banking relationships, enlist a credit card processor, hire staff, train that staff, establish vendor relationships, hire a chef, create a menu, establish an online presence, market, market and then do some more marketing.

Did you know that BYOB is illegal in the State of New York?

To learn more read the full article by Andrew Lieb, Esq. published in Dan's Papers here. 

NY Employees Must Receive Sexual Harassment Prevention Training

State requires businesses to give annual training sessions to safeguard their workplace.

ALERT: New section 201-g of the New York State Labor Law provides that “sexual harassment prevention training shall be provided to all employees on an annual basis.”

Read the full article by Andrew Lieb, Esq. here. 

Lights, Cabinets, Legal Action? Incredible Interior Designers Require Licensing

Unlicensed practice of interior design is punishable as a class E felony in NY.

In New York State, not just anyone can work as an interior designer. In fact, only a licensee, known as a Certified Interior Designer (CID), may prepare and administer “interior design documents (including drawings, schedules and specifications) which pertain to the planning and design of interior spaces including furnishings, layouts, fixtures, cabinetry, lighting, finishes, materials, and interior construction not materially related to or materially affecting the building systems” pursuant to Education Law §8303.

Read the full article by Andrew Lieb, Esq. here

Lieb at Law is Hiring a Junior Associate Attorney (Litigation & Compliance)

Lieb at Law, P.C. is seeking an associate attorney for its widely expanding litigation and compliance practice. Attorney will be expected to handle pleadings, discovery, motion practice, and court appearances for matters related to real estate, estates, corporate and employment law. 

Desired qualifications:

• demonstrated proficiency in legal writing and oral advocacy;
• dedicated and detail-orientated;
• ability to prepare illustrative, engaging materials for compliance trainings;
• digitally savvy, must be comfortable in paperless office with cloud based systems

Will consider 2018 Law School Graduates.

The firm’s practice areas include:

• Litigation: Commercial Litigation, Real Estate Litigation, Real Estate Brokerage Litigation, Title Litigation, Plaintiff Personal Injury, Landlord/Tenant, Estate Litigation and more.
• Employment Litigation, Compliance and Trainings: Discrimination, Harassment, Retaliation, Wage and Hour, Restrictive Covenants, Family Medical Leave Act, Alternative Dispute Resolution, Appeals; Employee Handbooks and Policies, Sexual Harassment and Discrimination Training, Wage and Hour Audits & more.
• Legal Compliance for Regulated Industries: Outside Compliance Counsel for regulated professions, Policy Drafting, Policy Implementation, Auditing, Corporate Compliance Trainings.
• Estate Planning and Probate: Last Wills, Advance Directives, Trusts, and Probate Administration.
• Transactions: Commercial and Residential Real Estate Purchase and Lease Transactions, Business Transactions and Negotiations.

Lieb at Law is different:

The law firm is a part-owner of a New York State Licensed Real Estate School, Lieb School, which offers in-class and digital courses throughout New York State and Connecticut for 7,500 + students. Lieb at Law, P.C. attorneys draft curriculum and teach at the school where they have the opportunity to establish themselves as topical experts and drive the future of the real estate brokerage industry.

The firm's sister company, Lieb Compliance is a national compliance company providing in-person and video trainings to fortune 500 companies.

About the firm:

The firm was founded in 1977. In 2009, Andrew Lieb acquired control of the firm and transformed its legal services from a general practice to a commercial litigation boutique focusing on real estate, employment and legal compliance for regulated industries.

The firm’s litigation practice is driven by leveraging informational imbalances to win cases. This is a substance first law firm where data drives decision making and strategy.

To achieve the firm’s information focused litigation culture, staff have access to cloud-based legal research platform so the latest cases are available to our legal team everywhere, including within the courtroom. Next, a secure, cloud-based case management system catalogs every thought and action on each client’s matter. As a result, case facts are readily accessible through the stroke of a computer key, instead of being locked away in one attorney’s memory or private paper notes in some desk draw. Finally, enterprise file sharing, storage and collaboration software is utilized to enable the efficient collaboration between attorneys where case strategy and document preparation benefits from fresh and innovative group think.

Lieb at Law’s latest research and collaboration tools extend to the firm’s transactional team, which ensures that contractual language is driven by our real life experiential learning from our contractual litigating practice.

Lastly, we publish and teach the law that we practice in order to always stay on the cutting edge. Lieb at Law’s work product is a derivative of embracing education and technology to provide a modern law firm that is at the vanguard of representation.

Resumes to careers@liebatlaw.com 

Sexual Harassment Prevention Trainings & Policy Required STARTING TODAY

Today is October 9, 2018

Employers are now required to have distributed a sexual harassment prevention policy.

Also, the 1 year clock to train your employees starts now!

Lieb Compliance already has users on our system - sexualharassmenttrainingny.com

We solve this compliance issue 100% and make it fun for your staff to be compliant.

Services include:

• On-Demand,Web-Based & Interactive 
• Presented by premier lecturer and employment law litigator, Andrew Lieb
• Platform works on PCs, MACs, IPADs or TABLETS (full internet access required)
• Custom & downloadable Sexual Harassment Policy & Complaint Form customizedto Employer
• Digital signature acknowledgement of policy & training 
• In-class note taking
• In-class commenting
• Interactive instructor communication
• Security checkpoints
• Randomized quiz questions
• Certificate of completion 
• Monthly user reporting for employers

LEGAL UPDATE | NY Employers Must Provide A Sexual Harassment Prevention Policy BY 10/9/18

According to the Department of Labor "All employers must adopt and provide a sexual harassment prevention policy to all employees by October 9, 2018."

These policies must be distributed in writing or electronically. Employers are also encouraged to have employees acknowledge receipt of the policy and to post a copy of the policy where employees can easily access it.

If your company already has a sexual harassment policy, make sure that it meets or exceeds the newly required minimum standards.

Lieb Compliance provides custom policies and trainings that meet all standards. Contact us today at info@liebcompliance.com or 646.216.8038

http://www.sexualharassmenttrainingny.com/

What Employers Need To Know About Sexual Harassment Training In NY

http://www.sexualharassmenttrainingny.com/

Andrew Lieb Discusses New Law | Employers Must Provide Sexual Harassment Trainings

Schools, First Responders & Local Governments Must Conduct Sexual Harassment Prevention Training

New York State recently passed legislation requiring all employers to conduct sexual harassment prevention training for their employees and establish a sexual harassment prevention policy. The law is effective October 9, 2018. Recent guidance issued by the Department of Labor clarified that all employers must train their employees between October 9, 2018 and January 1, 2019 and on an annual basis thereafter. In addition, all new employees must be trained within thirty (30) days of their start date.

"All Employers" required to conduct sexual harassment prevention training and establish sexual harassment prevention policies include both private and public employers. Therefore, state and local governments and agencies, towns, police departments, fire departments, school districts and all other public employers must comply with these new regulations.

For more information visit: http://www.sexualharassmenttrainingny.com/

Less than 2 Weeks until Mandatory Sexual Harassment Prevention Trainings

We are on the countdown until the start of mandatory sexual harassment trainings in NYS.

Just 2 weeks until the October 9 start date. Remember, all employees must be trained  between October 9th, 2018 and January 1st, 2019. 

Visit sexualharassmenttrainingny.com to register for onsite, on-demand web-based interactive videos and/or live trainings at our training center at 308 W. Main Street, Smithtown New York.

All trainings will be instructed by employment law litigators so that our content is immersive with real world examples.

To schedule your company's training, simply fill out this form and you will be contacted by a representative ASAP.

NEW LAW: Mandatory Sexual Harassment Prevention Trainings For ALL NEW YORK EMPLOYEES

http://www.sexualharassmenttrainingny.com/

Every employer in New York State is required to provide employees with sexual harassment prevention training, which is administered in compliance with the requirements of Section 201-g of the Labor Law.

Every employer in New York City is also required to provide employees with sexual harassment prevention training, which is administered in compliance with the requirements of Local Law 96.

WHAT YOU NEED TO KNOW:

• Between 10/9/18 and 1/1/19 all employees must be trained
• All new employees must be trained within 30 days of start date
• All employees must be trained annually
• Employers must maintain proof of training attendance
• Employers must maintain written acceptance of employer’s sexual harassment policy
• NYC requires posters and information sheets

Lieb Compliance offers compliance with everything from policies to trainings.
Trainings are available:

• On-site throughout the NY metro area
• On-demand through our web-based interactive video system
• In-person at our training center located at 308 W. Main Street, Suite 101, Smithtown, New York 11787.

All content is immersive with real world examples.

All trainings are conducted by employment law litigators.

Sports Tickets for Real Estate Attorneys - Title Regulation Annulled - Game On

Insurance Regulation 208 has been annulled in the Article 78 case of New York State Land Title Association, Inc.; The Great American Title Agency, Inc.; and Venture Title Agency, Inc. v. The New York State Department of Financial Services; and Maria Vullo, in her official capacity as Superintendent of the New York State Department of Financial Services.

As a result, and unless the decision is reversed, sports tickets for real estate attorneys are available anew from title companies. However, can an attorney ethically accept such tickets without running afoul of Rule 1.8(f) of the Rules of Professional Conduct? 

Find out in the full article by Andrew M. Lieb, Esq. published in The Suffolk Lawyer here. 

Advising Employers to Take Preventative Measures to Avoid Costly and Disruptive Litigation

With New York State enacting new protections for employees at a feverish pace, it is more imperative than ever to advise employers of preventative measures they can take to avoid potential violations of the many federal, state and local employment laws. These laws include but are not limited to Title VII of the Civil Rights Act, the Fair Labor Standards Act, the Americans with Disabilities Act, the New York State Human Rights Law, the New York Labor Law, and the Suffolk County Human Rights Law. This article reviews several practices employers should implement to minimize potential exposure to costly and disruptive litigation.

Read the full article by Mordy Yankovich, Esq. in The Suffolk Lawyer here. 

Career Opportunity | Lieb at Law | Real Estate Paralegal

Job Description

Lieb at Law, P.C. seeks a digitally savvy, detail oriented and self-starter to join our boutique firm as we rapidly expand our footprint. The firm services the New York Metro area, inclusive of the Hamptons and Manhattan and represents the largest real estate brokerage and title companies in the State of New York. Moreover, the firm’s sister company is one of the largest real estate schools in the state offering in-person and digital continuing education classes to real estate brokers and salespersons. The firm is a paperless office, with use of cloud based programs to leverage efficiencies. All must be extremely technologically savvy to excel in our environment. Must be friendly, charismatic and independently motivated and organized. A large part of this job is managing relationships with clients, vendors and referrals. Opportunity for career growth.

Responsibilities:

• Drafting contracts of sale
• Ordering and reviewing title reports and surveys
• Preparing closing statements
• Miscellaneous Clerical Work such as answering telephones, distributing mail and deliveries, announcing visitors, maintaining office appearance, watering plans, making coffee.
• Managing calendar / scheduling meetings
• Managing and building relationships with clients and referrals
• Managing and building relationships with 3rd parties / vendors
• New business intake specialist
• Ordering title reports and surveys
• Digital File Organization

Requirements:

• Tech Friendly / Strong Computer Skills
• Self-sufficient & take pride in work product
• Charismatic and friendly
• Organized
• Demonstrative and assertive
• Proficient in Microsoft Word, Excel, Google Calendar and Social Media
• Minimum Associates Degree from accredited college. Bachelor’s Degree preferred

TO APPLY: EMAIL RESUME TO CAREERS@LIEBATLAW.COM

33 Days Until NYS Mandatory Sexual Harassment Training

We are on the countdown until the start of mandatory sexual harassment trainings in NYS.

Just 33 days until the October 9 start date. Remember, all employees must be trained before 1/1/2019.

Lieb Compliance is offering onsite, on-demand web-based interactive videos and/or live trainings at our training center at 308 W. Main Street, Smithtown New York.

All trainings will be instructed by employment law litigators so that our content is immersive with real world examples.

To schedule your company's training - email info@liebcompliance.com the following information:

• Company name
• Your name / position / title 
• Your telephone number
• Your email address
• Total amount of employees at your company
• Whether you have a policy already in place (also required)
• Whether your employees are computer literate
• What days / times you request a training

Within 48 hours, a representative from Lieb Compliance will be in contact to solve your compliance obligation.

Sexual Harassment Training - Case Studies - Example 1 / Question 2

Facts: Li Yan's coworker Ralph has just been through a divorce. He drops comments on a few occasions that he is lonely and needs to find a new girlfriend. Li Yan and Ralph have been friendly in the past and have had lunch together in local restaurants on many occasions. Ralph asks Li Yan to go on a date with him—dinner and a movie. Li Yan likes Ralph and agrees to go out with him. She enjoys her date with Ralph but decides that a relationship is not a good idea. She thanks Ralph for a nice time, but explains that she does not want to have a relationship with him. Ralph waits two weeks and then starts pressuring Li Yan for more dates. She refuses, but Ralph does not stop. He keeps asking her to go out with him.

Question: Li Yan cannot complain of sexual harassment because she went on a date with Ralph.True or False?

FALSE: Being friendly, going on a date, or even having a prior relationship with a coworker does not mean that a coworker has a right to behave as Ralph did toward Li Yan. She has to continue working with Ralph, and he must respect her wishes and not engage in behavior that has now become inappropriate for the workplace.

To schedule your company's training - email info@liebcompliance.com the following information:

• Company name
• Your name / position / title 
• Your telephone number
• Your email address
• Total amount of employees at your company
• Whether you have a policy already in place (also required)
• Whether your employees are computer literate
• What days / times you request a training

Within 48 hours, a representative from Lieb Compliance will be in contact to solve your compliance obligation.

Question 2.

Li Yan cannot complain of sexual harassment because she went on a date with Ralph.

True or False?

FALSE:

Being friendly, going on a date, or even having a prior relationship with a c

oworker does not

mean that a coworker has a right to behave as Ralph did toward Li Yan. She has to continue working

with Ralph, and he must respect her wishes and not engage in behavior that has now become

inappropriate for the workplace.