Defaults in Foreclosure are a Thing of the Past

Governor Andrew Cuomo signed into law an amendment to CPLR Rule 3408, which, at new subsection (m) thereof, effectively eliminates defaults in foreclosure actions as currently understood. Interestingly, the amendment is made to CPLR Rule 3408, which is the CPLR Rule titled “Mandatory settlement conference in residential foreclosure actions,” and not to CPLR Rule 320, which is the CPLR Rule titled “ Defendant’s appearance,” or to CPLR Rule 5015, which is the CPLR Rule titled “Relief from judgment or order,” or to CPLR §3012(d), which is the CPLR subsection titled “Extension of time to appear or plead.” This choice of placement raises questions about how the amendment will be effective in practice. Further questions are raised because the amendment includes superfluous language in expressly stating that the “default shall be deemed vacated” while also referencing the “reasonable excuse” language from both CPLR Rule 5015 and CPLR §3012(d). Still further, the new subsection does not eliminate the need for a defendant to formally answer, but only extends the time to answer, which presumptively will remain a problem for a foreclosure defendant to accomplish at a later date. These question marks need to be ironed out by practitioners and the courts after new subsection (m)’s effective date of December 20, 2016.

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

Career Opportunity | Attorney | Litigation | Lieb at Law, P.C.

Lieb at Law, P.C., is seeking a Litigation Attorney.

We are looking to hire an associate attorney who is a sharp and dynamic leader (and/or potential leader) to join our litigation practice group in Center Moriches. We are a collaborative firm that leverages cutting edge technology and tangible fact-driven support to win cases. The ideal attorney has a fresh approach, thinks outside-the-box and does not cut corners. Our firm motto is 'no case; no statute; no talk'. This means that fluff will not get anyone very far at Lieb at Law. Specific practice field experience is not as relevant to us as finding the best cultural match (i.e., ambition and competence surpasses years in the industry). 

Depending on the level of expertise, the role will either support or lead cases inclusive of real estate litigation, real estate brokerage litigation, title disputes, contractual litigation, premises liability, ownership disputes, estate litigation and more. For more junior litigators, the role will start off drafting legal memorandums, pleadings, discovery demands and responses, motions, settlement negotiations, and more. Seasoned attorneys will engage in oral arguments, depositions, arbitrations, mediations, trials, and appeals. 

Our clients span across the New York Metro area and the Hamptons inclusive of major corporate accounts, high net worth individuals, small businesses, and more. 

The firm offers an environment that supports personal and professional growth without micromanagement or dogmatic resistance to fresh and innovative ideas. Driven attorneys who prove their competency are quickly rewarded with increased responsibilities and opportunities beyond that offered for similarly experienced attorneys at larger firms. Competence trumps experience and career growth is limited only by an attorney’s own ability, ambition and desire to learn, evolve and earn career "wows". 

Compensation is commensurate with competency. 

**TO APPLY** Email Cover Letter & Resume to careers@liebatlaw.com 

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