LIEB BLOG

Wednesday, June 22, 2016

Lieb at Law, P.C. Expands Litigation Team - Job Opportunities Available

Lauren Lieb Legal Jobs , Lieb at Law UPDATES

Click Here to Apply Now

Multiple litigation positions available at Lieb at Law, P.C. including experienced attorneys and 2016 Law School graduates.

Litigation Team:

Lieb at Law, P.C., is seeking the next Attorney to help raise the bar and lead our profession in a collaborative, inspiring and technologically advanced setting. This role will start off working across all aspects of the firm's litigation practice inclusive of plaintiff personal injury, real estate litigation, contractual litigation, premises liability, ownership disputes and more. Then, the candidate is charged with developing their personal niche as their career evolves.

We are looking for a potential star that is intellectually driven, who does not cut corners, has a fresh approach, thinks outside-the-box and can provide tangible fact-driven support. Our firm motto is "no case -no statute - no talk". This means that fluff will not get you very far at Lieb at Law, P.C.

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 responsibility and opportunities beyond that offered for similarly experienced attorneys at larger firms. Competence trumps experience and career growth is limited only by your own ability, ambition and desire to learn and evolve. Career advancement includes partner-track.

This position is located in Center Moriches, which is in Suffolk County within the Riverhead / Westhampton Area. Clients span across Metro New York area.

Compensation: Commensurate with experience, includes full benefits package.

About the firm:
Lieb at Law, P.C. services the New York Metro area inclusive of the Hamptons and NYC with a practice focus on real estate and corporate litigation and compliance. Lieb attorneys train and write articles on the latest case law, statutes and industry practices affecting real estate professionals. The firm also offers legal services in related fields like real estate brokerage, fair housing / discrimination, mortgage foreclosure, business / entrepreneurship, ownership disputes and more. Lieb at Law also provides a full range of legal services for landlords such as: Ownership Entity Structuring; Lease Drafting & Negotiation; Fair Housing and Discrimination Training & Litigation Defense; Pet Policies & House Rules; Evictions; Property Damage Litigation & Security Deposit Disputes; Rental Permits & Municipal Compliance; Land Use and Development; and Property Management Training & Operations Structuring.

Lieb at Law's mission is to serve as an indispensable strategic advisor to our clients, helping to minimize risk while maximizing profitability, and aggressively litigate with leading solutions. The firms transactional team ensures that contractual language is driven by qualitative data from the litigation field. Lieb at Laws work product is a derivative of embracing education and technology. Lieb at Law is fully committed to our technology-based collaborative approach and believes that this operational model drives our success.

Beyond utilizing legal research platforms to enable immediate access to the most recent case law and publications, the firm's systems include cloud-based file and time management software with additional proprietary programs. As a result, Lieb Attorneys have instantaneous access to client records anywhere, even on their smartphones in court and at closings.

For more information visit http://blog.liebatlaw.com and http://www.liebatlaw.com

This profile is attorney advertising. Prior results do not guarantee a similar outcome

Radio Interview with Andrew Lieb on Lieb School and Adverse Possession

Lauren Lieb adverse possession , Andrew Lieb

Andrew Lieb discusses updates to Lieb School and Adverse Possession issues on 88.3FM Real Life with John Christopher.

Click here to Listen to Interview

Major Federal Foreclosure Prevention Program Will Come to an End in 2016

Anonymous Foreclosure , Foreclosure Defense

The Making Home Affordable (MHA) Program, which was launched in 2009 to assist millions of distressed homeowners facing foreclosure, is set to expire on December 31, 2016. Under this program, homeowners with non-GSE mortgages (i.e. mortgages not owned or guaranteed by FannieMae or Freddie Mac) may apply and be reviewed for refinancing, loan modifications, short sales, deeds-in-lieu, and unemployment assistance with their lenders in accordance with stringent guidelines set forth in the Making Home Affordable Handbook. Many homeowners who were approved for loan modifications under the Home Affordable Modification Program (HAMP) were also eligible for free HUD-approved credit counseling to assist them in creating a household budget that lowers the risk of default in the future.

Previously set to expire on December 31, 2015, MHA was extended through 2016 due to its widespread success and the continuing need for relief for millions of homeowners nationwide. However, the number of applications under the MHA program have declined overall in recent years due to both the stabilizing housing market and drop in the unemployment rate. At the end of 2015, RealtyTrac reported that there were 1,083,572 properties with foreclosure filings nationwide—a significant drop from the peak of 2,871,891 properties with foreclosure filings in 2010. As of May 2016, RealtyTrac reported a total of 896,913 properties in default, at auction or repossessed by the banks.

The Obama administration has not yet announced another one-year extension to the program through 2017, and it is unclear at this time whether such an extension will be granted. The unknowns that are involved with the looming presidential election make the possibility of an extension even less clear. Though the foreclosure rate is down, there is still a great need for the MHA program for the many properties currently in foreclosure and the many millions more that are still at risk for default.

Homeowners who are still facing the possibility of foreclosure may apply for any of the foreclosure alternative programs under MHA on or before December 31, 2016 deadline.

Though it is not necessary to have a decision on the application for a loan modification, short sale, or deed-in-lieu by the end of 2016 to be eligible under the MHA program, servicers are required under the MHA program to design policies and procedures that ensure that permanent modifications are effective by December 1, 2017 and short sales and deeds-in-lieu are closed by December 1, 2017.

Struggling homeowners should apply now to take advantage of the foreclosure alternatives provided by the MHA program before the deadline of December 31, 2016. If homeowners do not apply by that date, they will be limited to applying for lender/servicer in-house programs, which are usually limited in scope and may not be as affordable or reasonable as the offers under the MHA program.

The candidates for the 2016 election should take a position on the possibility of extending the MHA program through 2017 in order to help the millions in foreclosure and in default.

How To Renew Your New York State Real Estate License (NYS Salesperson, Broker, Associate Broker)

Lauren Lieb continuing education , License Renewal

The Department of State, New York (DOS) regulates NYS Real Estate Licenses. License Renewal must be completed online through the DOS eAccessNY Portal.
(Trade Organizations / Clubs / Schools DO NOT regulate licensees)

Helpful Tips: Licensees are required to complete 22.5 continuing education credits within a 2 year license renewal period.

New York Real Estate Salespersons and Brokers are regulated by the Department of State, New York (DOS) and are required to complete 22.5 Continuing Education credits within a 2 year license renewal period. License renewal dates can be found on the New York State Real Estate License (look for license expiration date).

As of 01/01/2017, Licensed NY Real Estate Salespersons and Brokers must take the following Continuing Education courses in their renewal cycle:

3 Hours of instruction pertaining to Fair Housing and/or Discrimination in the sale or rental of real property or an interest of real property
2 Hours of Agency Disclosure for the initial two-year licensing term and at least 1 hour of Agency Disclosure in subsequent renewal cycles.

If you are grandfathered in, the new continuing education requirements do not apply.

Draw your attention to this paragraph "The provisions of this paragraph shall not apply to any licensed real estate broker who is engaged full time in the real estate business and who has been licensed under this article prior to July first, two thousand eight for at least fifteen consecutive years immediately preceding such renewal."

When renewing your real estate license through the DOS portal, you will be asked if you have completed your continuing education requirements. If you mistakenly answer "No", the DOS will not renew your license. Instead, answering "No" will automatically prompt an audit. The audit will require you to provide the DOS with all of your original course completion certificates.

Brand New Lieb School CE | Deceptive & Misleading Advertising | 3 Credits

Lauren Lieb Advertising Regulations , Lieb School

Deceptive & Misleading Advertising

Instructor: Andrew Lieb, Esq., MPH

Credits: 3 CE Hours

Date Offered: 7/14/16

Location Offered: Newsday Training in Melville

Online Registration Only

Summary: This 3 hour real estate brokerage continuing education course maps out the rules to advertise property in the State of New York. Did you know that real estate salespersons, associate brokers and brokers cannot just say whatever they want in real estate advertisements? Moreover, agents can’t be forced by their clients to manipulate the true description of property while marketing. In this course, you will learn that there is no freedom of speech in this regulated industry. In fact, the New York State legislature empowered the Department of State to enforce advertising regulations and such regulations are actually enforced.

After taking this course, you will be able to recite, with precision, the do’s and don’ts of real estate advertising. Instead of passing this integral function off to your team members or 3rd party vendors, you will know the importance of actively managing every aspect of promotion and mastering this craft. You will learn what you can and cannot include in advertisements. We will go over team advertisements, classified advertisements, mail, telephone, websites, e-mail, business cards, signs, billboards, flyers, for-sale signs, photographs, web-based promotion and more.

We will review court cases of deceptive and misleading advertising and you will understand the consequences of such action. We will discuss advertising statutes, regulations and opinion letters from the Department of State so that agents can advertise right up to the limit of what is permissible while complying with the laws of the State of New York.

Fair Housing Initiatives Launched on the Federal and State Levels

Lauren Lieb Andrew Lieb , Fair Housing

Andrew Lieb, Esq. takes a look at the most recent Fair Housing Initiatives.

Click here to read the full article published in The Suffolk Lawyer.

STAR Credit Program Undergoes Two Critical Changes

Anonymous Basic STAR , Enhanced STAR

The New York State School Tax Relief (STAR) program has changed. Rather than working with the local assessor, as was required in the past, homeowners will now need to register with New York State in order to apply for the program. Additionally, qualifying homeowners will receive a rebate check in the fall of every year rather than receiving a reduction directly on their school property tax bill.

There are two types of STAR benefits:

Basic STAR: At least one owner must use the property as a primary residence and the total combined household income of the owners and owners’ spouses who use the property as a primary residence must be $500,000 or less.
Enhanced STAR: At least one owner must use the property as a primary residence, all owners must be 65 years or older, and there must be a total combined household income of all owners (not just those who reside at the property) and any owner’s spouse who uses the property as a primary residence of $84,550. All owners do not need to be over the age of 65 if they are spouses, registered domestic partners or siblings so long as at least one owner is at least 65.

Starting this year, qualifying homeowners must register with New York State, which can be done online here or by phone at 518-457-2036, in order to apply for the STAR program. If the homeowners qualify, they will receive their STAR credit as a rebate check each September.

If homeowners are already receiving a STAR exemption and purchased their primary residence prior to May 1, 2014, they do not need to re-register to continue qualifying for the exemption, and they will continue to receive the exemption as a reduction on their school property tax bill. Only those who purchased their primary residence after August 1, 2015 or did not apply before the 2015 STAR application deadline are affected by these changes.

Homeowners can check your local assessment roll to see if they are already receiving a STAR exemption. Understanding how the STAR credit program works and what changes have been implemented can help save time and money into the future.

New Making Home Affordable Handbook Released: Program to End in 2016

Anonymous Foreclosure , HAMP

The U.S. Department of Treasury recently released Supplemental Directive 16-04 (Making Home Affordable Program – Handbook for Servicers Version 5.1). This Supplemental Directive announces the release of Version 5.1 of the Making Home Affordable (“MHA”) Handbook (the “Handbook”). This newest version of the Handbook consolidates the “sunset” provisions provided by the U.S. Department of Treasury in Supplemental Directive 16-02 (MHA Program Termination and Borrower Application Sunset) and Supplemental Directive 16-03 (MHA Program Termination and Borrower Application Sunset II) into one location for ease of reference.

Distressed homeowners who are facing foreclosure must submit their request for mortgage assistance under the MHA program by December 31, 2016. After that date, lenders will no longer be required to comply with the MHA guidelines set forth in the Handbook. This will leave many distressed homeowners with few remaining options and most will face the possibility of foreclosure.

The MHA program was announced in 2009, by the Obama Administration, as a relief to distressed homeowners. The MHA program’s objective is to provide guidelines to lenders to modify the terms of eligible mortgages so that “at-risk” homeowners would be able to reduce their monthly mortgage payments and to avoid foreclosure. According to the most recent MHA Program Performance Report, during the last 7 years, the MHA program has only helped 2.5 million of the 7 to 9 million homeowners that were identified as “at-risk” by the Obama Administration in 2009. This means that the remaining 4.5 to 6.5 million “at-risk” homeowners who do not submit their request for borrower assistance by December 31, 2016, will be faced with foreclosure.

Congress’ decision to abandon the MHA program seems misguided because of the time and resources it has invested in the program. Most importantly, the termination of the program on December 31, 2016, leaves up to 6.5 million “at-risk” homeowners scrambling to submit requests for assistance of face the possibility of foreclosure.

Saving on Real Estate Brokerage Commission

Lauren Lieb Agency Disclosure , Andrew Lieb

You may think that you can save money in real estate by not using a Buyer’s Agent. On the contrary, it is often argued that there is no savings because the secondary benefits of using a Buyer’s Agent surpass any costs of such a Buyer’s Agent. Nonetheless, the only factor that can actually save you money in brokerage commission in a real estate transaction is if it’s a Direct Deal.

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

Agency Disclosure Simplified - A Must Read

Lauren Lieb Agency Disclosure , Andrew Lieb

Finally, an article that simplifies this extremely complicated agency disclosure topic.

Buyer’s Agent. Seller’s Agent. Direct Deal. The terms may sound familiar, but do you or your clients or customers really know what they mean? That knowledge is essential for all sides in real estate dealings, particularly in understanding commissions and not violating license laws.

What’s in a Name? In Real Estate It Could Be the Difference Between a Great Deal & No Deal, is written by Andrew Lieb, Esq. one of the premiere lecturers on this topic.

Making Home Affordable Program to End in 2016

Anonymous Foreclosure , HAFA

The U.S. Department of Treasury (Treasury) recently released Supplemental Directive (SD) 16-03 (MHA Program Termination and Borrower Application Sunset II) to the Making Home Affordable (MHA) handbook, containing “sunset” provisions for its MHA program. The release of this Supplemental Directive signals that there will be no further extensions of the program.

The Making Home Affordable program was announced in 2009, by the Obama Administration, as a relief to distressed homeowners. The MHA program’s objective is to provide guidelines to lenders to modify the terms of eligible mortgages so that “at-risk” homeowners would be able to reduce their monthly mortgage payments and to avoid foreclosure. According to the most recent MHA Program Performance Report, during the last 7 years, the MHA program has only helped 2.5 million of the 7 to 9 million homeowners that were identified as “at-risk” by the Obama Administration in 2009. This means that the remaining 4.5 to 6.5 million “at-risk” homeowners who do not submit their request for borrower assistance by December 31, 2016, will be faced with foreclosure.

SD 16-03 provides the following modifications to the MHA handbook for winding down the program:

All borrower requests for assistance under MHA must be submitted by December 31, 2016;
On December 1, 2017, MHA Help and the Home Affordable Modification Program (HAMP) Solution Center will no longer accept new cases, nor escalate cases to servicers;
All cases that have been escalated prior to December 1, 2017 must be resolved by May 1, 2018;
After December 30, 2016, servicers will no longer be required to assign relationship managers to borrowers;
Effective May 1, 2018, servicers will no longer be required to follow Section 3 of Chapter 1 of the MHA Handbook; however, the Treasury suggests that servicers continue to follow the best practices that have been established by MHA;
After September 1, 2016, servicers are no longer required to satisfy the Reasonable Effort standard set forth in Section 2.2.1 of Chapter II of the MHA handbook; and
Servicers will not be required to suspend a scheduled foreclosure sale if a borrower submits an Initial Package after December 30, 2016.

After continuously developing and expanding the MHA program over the last 7 years, it is surprising that Congress has refused to extend its life. Since 2009, the Treasury has issued 5 versions of its MHA handbook and has issued over 80 Supplemental Directives, including SD 16-03, refining the guidance it has provided to participating servicers. Congress’ decision to abandon the MHA program seems misguided because of the time and resources it has invested in the program. Most importantly, the termination of the program on December 31, 2016, leaves up to 6.5 million “at-risk” homeowners scrambling to submit requests for assistance or face the possibility of foreclosure.

Real Estate Brokerage Regulatory Updates - 5/3/16 NYS Board of Real Estate meeting summary

Andrew M. Lieb, Esq., MPH Real Estate Brokers and Salesperson ,

On 5/3/16 the NYS Board of Real Estate continued its mission of optimizing the regulation of real estate brokers in our state by holding its meeting in NYC, Buffalo and Albany. To remind real estate brokers and salespersons, the public is welcome at these meetings where the public can bring comments from the floor. It's encouraged that Lieb School students attend these meetings to have your voices heard.

"[T]he Board has general authority to promulgate rules and regulations affecting real estate brokers and salespersons in order to administer and effectuate the purposes of Article 12-A of the Real Property Law."

A complete video of the meeting is available on youtube.

In summary, the following was discussed:

Enforcement activity report;
Equalizing points for salespersons seeking a real estate broker's license for acting on the selling and listing sides of deals;
Updates on the continuing education topics of agency and diversity;
The new broker's curriculum; and
Fair Housing regulations, which were passed.

Most interestingly, the enforcement report claimed that while 317 complaints were fielded by the Department of State from January through April of this year, only 2% were referred to the Administrative Department to pursue charges. Agents should translate that statistic as meaning that while a lot of complaints come into the Department of State, a lot of effort is exerted in weeding out the legitimate complaints from the lot. This is quite reassuring.

10 Secrets to a Perfect Summer Rental

Lauren Lieb Andrew Lieb , Behind the Hedges

Summer rentals got off to a great start this year, yet there are still people looking to secure that ideal getaway, and there are still East End homeowners who could quickly become landlords for the season. In each issue of Behind the Hedges, I offer insights and information about the legal side of Hamptons real estate. Here’s one that is particularly valuable and bears re-sharing this time of year, when we need to remember: with every great summer rental comes great responsibility. The secret to success for both landlords and tenants is to set clear expectations before the rental period gets underway. If either party has false expectations, the summer can end with anger, arguing and possibly court. Before renting, discuss these topics and then have an attorney draft a lease accordingly.

Read the full article by Andrew Lieb, Esq. in Behind The Hedges.

Mold Licensing Law for Assessment, Remediation, and Abatement

Lauren Lieb Andrew Lieb , Mold is Money

On January 1, 2016 the amended Article 32 of the Labor Law became effective thereby making it “unlawful for any person to engage, advertise or hold themselves out as a mold assessor, remediation contractor, or abatement worker unless they have a valid mold license, issued by the commissioner, for the type of work they will be performing. Individuals who do so may be subject to a civil penalty.”

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

Wednesday, June 22, 2016

Lieb at Law, P.C. Expands Litigation Team - Job Opportunities Available

Click Here to Apply Now

Multiple litigation positions available at Lieb at Law, P.C. including experienced attorneys and 2016 Law School graduates.

Monday, June 20, 2016

Radio Interview with Andrew Lieb on Lieb School and Adverse Possession

Major Federal Foreclosure Prevention Program Will Come to an End in 2016

Thursday, June 16, 2016

How To Renew Your New York State Real Estate License (NYS Salesperson, Broker, Associate Broker)

Wednesday, June 08, 2016

Brand New Lieb School CE | Deceptive & Misleading Advertising | 3 Credits

Deceptive & Misleading Advertising

Friday, June 03, 2016

Fair Housing Initiatives Launched on the Federal and State Levels

Thursday, June 02, 2016

STAR Credit Program Undergoes Two Critical Changes

Tuesday, May 31, 2016

New Making Home Affordable Handbook Released: Program to End in 2016

Tuesday, May 24, 2016

Saving on Real Estate Brokerage Commission

Monday, May 16, 2016

Agency Disclosure Simplified - A Must Read

Tuesday, May 10, 2016

Making Home Affordable Program to End in 2016

Thursday, May 05, 2016

Real Estate Brokerage Regulatory Updates - 5/3/16 NYS Board of Real Estate meeting summary

Tuesday, April 26, 2016

10 Secrets to a Perfect Summer Rental

Mold Licensing Law for Assessment, Remediation, and Abatement

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