LIEB BLOG

Legal Analysts

Tuesday, July 19, 2011

NOFO Rock & Folk Fest 2011

Lieb at Law, P.C. is a proud sponsor of the fabulous event NOFO to take place on the North Fork of Long Island on 7/30 and 7/31/2011 at Peconic Bay Winery.


Not only will there be local wine and beer as well as top musical performances in a vinyard's park setting, but you as a friend of Lieb at Law can use our coupon code to get 20% off of tickets. 


And don't forget, this amazing event is benefiting the non-profit East End Arts Counsel. 


To purchase tickets - go to www.noforockandfolkfest.com 
*Bring the Family - Kids 12 and under are free


DISCOUNT CODE: RealEstateSchool2011





Tuesday, July 05, 2011

NY Courts Enforce Fed Modification Program

In one of the most important decisions of the year, the Appellate Division recognized the Making Home Affordable Handbook as binding on lenders (servicers) and precluded a foreclosure until its rules were followed.

The newest version of the Handbook can be found by clicking here.

To review the decision, click here.

While the decision was very narrow in that it only discussed how the lender participates in the program and must evaluate the borrower under the program prior to selling the house at foreclosure, the decision should be interpreted as a sounding horn to all foreclosure defense attorneys to study every word in the Handbook. Now, if a lender (servicer) makes a crazy decision, outside of the rules prescribed by the Federal Government, a borrower's attorney should attack that decision in the NY Courts.

Monday, June 13, 2011

East Hampton Library is Getting Bigger

The East Hampton Village Zoning Board of Appeals was overturned as erroneous, arbitrary and irrational in denying a variance to increase the size of the library. The Supreme Court found that the library was an educational institution entitled to the same deferential treatment in zoning accorded to schools and religious institutions.

The takeaway is that Zoning Boards generally have a hard time restricting a public good. That is why it is always advisable to combine a public good with a zoning application when entering a municipality. Talk in terms that matter to the people who live there. Better schools, more parks, cleaner beaches as a result of the application. Sometimes you just can't do this, but to deny a library's goal of improving was too much for the Court in this matter.