LIEB BLOG

Legal Analysts

Monday, December 16, 2019

New Law: Notice of Conveyance to Current Owner of Record

On December 12, 2019, Governor Andrew Cuomo signed into law Senate Bill S5372 which amends Real Property Law § 291. Effective March 11, 2020, upon receiving a request to record a new conveyance, the county clerk or city registrar shall mail a written notice of the conveyance of real property to the current owner of record. Such notice must have the heading printed in 20-point bold type and read as follows:

NOTICE OF SALE OR TRANSFER OF OWNERSHIP OF YOUR RESIDENTIAL PROPERTY.
To:______________________________
Name of owner of record
Our records show that you are listed as the current owner of record for residential property:
Block # __________ Lot # ________
Located At: ___________________________ street address
in the county of __________________ New York
On ____________, documents were filed at this
date

office to change ownership and transfer title of your property.

To: ______________________________
name of new owner
If you have any questions regarding the validity of the documents, and wish to dispute the recording of the transfer, you should obtain legal counsel. If you believe you are a victim of a crime related to this recording, contact your local law enforcement agency or, if in the City of New York, the office of the sheriff.

The person seeking to record a new conveyance shall bear the costs of the written notice which shall cover the cost of mailing the notice to the owner of record. However, failure to mail such notice or the failure of any party to receive the same, shall not affect the validity of the conveyance of the property.

Thursday, December 12, 2019

Real Tips HR: How Employers Should Respond to Requests For Religious Time Off

Employment law experts Andrew Lieb, Esq. and Mordy Yankovich, Esq advise employers how to put policies in place and respond to requests by employees to take additional time off for religious reasons.

Watch this short video clip


Wednesday, December 11, 2019

Ethics for Real Estate Attorneys

Tonight, 12.11.19, I am teaching the CLE Course Ethics for Real Estate Attorneys as sponsored by my good friends at First American.

The supporting materials for the course can be found here.


Saturday, December 07, 2019

New Law: Reverse Mortgages Regulated

On December 6, 2019, A5626 was signed into law to regulate reverse mortgages. The new law takes effect on March 5, 2020. 

A reverse mortgage means "[a] loan which is secured by a first mortgage on real property improved by a one- to four-family residence or condominium that is the residence of the mortgagor(s) the proceeds of which are advanced to the mortgagor(s) during the term of the loan in equal installments, in advances through a line of credit or otherwise, in lump sums, or through a combination thereof."

The new law has the following features at new Real Property Law section 280-b:

  1. Marketing & offering of reverse mortgage loans are regulated to avoid unfair or deceptive practices;
  2. Consumer protection materials are required to be included in marketing such loans & the Superintendent is authorized to promulgate rules & regulations to protect consumers;
  3. Loans that pay taxes, mortgage insurance, homeowners insurance, or other property obligations must provide the borrower with periodic account statements & a required warning notice;
  4. When the escrowed money for payments of obligations are depleted to 10% or less, the borrower will get a telephone & mailed notice about the borrowers obligations; 
  5. Restricts lenders from paying borrowers obligations on the property (taxes, mortgage insurance, homeowners insurance, etc.) as advance payments & only permits lenders to pay when there are arrears;
  6. Restricts foreclosures based on primary residence restrictions; 
  7. Requires both the lender & the borrower to be represented by an attorney at the closing of the loan; 
  8. Borrowers who are injured from a violation by a lender have a private right of action for treble damages & reasonable attorneys' fees; & 
  9. Violating this statute by a lender works a complete defense for a borrower in a foreclosure action.

DOS Notice to Licensees in Real Estate Brokerage

Licensees just received this notice on Fair Housing. Remember - discriminating in real estate can result in fines, license revocation, and huge judgment awards in lawsuits.

Lieb School is committed to ending discrimination in housing by educating licensees about behaviors that constitute inadvertent discrimination. Lieb School - Where the Law is Followed.


Dear Licensee:

Please see attached Fair Housing Guidance Document. This email is a reminder notification of your obligation as a Real Estate Licensee to adhere to the laws prohibiting discriminatory practices.

If you have any questions pertaining to this topic, please contact us at eAccessNY@dos.ny.gov.

Division of Licensing Services
NYS Department of State