1.  There are no missed mortgage payments within the last six months;
2. There is not more than one missed mortgage payment within the last twelve months;
3. The house is a primary residence, 1-unit second home, or a 1- to 4- unit investment property;
4. It is a Fannie Mae or Freddie Mac-owned loan;
5. The loan was made on or before May 31, 2009; and
6. The loan-to-value is greater than 80%.

1. There are no missed mortgage payments within the last six months;
2. There is not more than one missed mortgage payment within the last twelve months;
3. The borrower must have a source of income;
4.  It is a Fannie Mae or Freddie Mac-owned loan; and
5. The borrower must receive a benefit, such as reduced monthly mortgage payments.

For parties on both sides of the deal, the undertaking of buying and selling property can be…involved, to say the least. An Attorney can help you negotiate the morass of legal requirements and provide insight into the process. Though each property-buying experience is different, there are several questions that real estate lawyers are asked time and again.

Andrew Lieb, Esq. shares the top five more common queries on the Huffington Post. Click here to read the full article. 

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.

Everywhere that you turn in the Hamptons and on the North Fork there are newly constructed homes. Not only is the East End’s landscape filled with residential development, but, throughout the two forks, building spec homes has become a dominant industry. Spec developers first purchase a plot of land and then improve the land with a fabulous construction that they speculate will increase the property’s valuation far more than the composite cost of the land and the construction, individually.

However, such residential construction is speculative because the house is only marketed for sale once it has either been built or is close to a finished product. As a result, spec developers are selling finished products without any guaranteed purchaser, in contrast to offering their construction services to a consumer for a fee, as is done in a custom home job. In recent years, it appears that spec developers have been very successful, as more and more speculative construction is popping up throughout our East End neighborhoods. 

Even the most magnificent homes face a challenge that can have an impact on property value, the beauty of your living space and your very health: Mold. The issue may not sound pretty, but there’s hope. Starting this year, Mold Remediation is a licensed field in New York State. 

The East End is a legacy community where families summer by the ocean, bay and wineries for continual generations. These families engage in strategic succession planning, whereby a trust, as an essential planning tool, is generally the best vessel to pass one’s Hamptons or North Fork real estate onto the next generation. A trust can address both federal and New York State estate tax issues, which can be crippling if ignored.

New York State taxes estates valued over $4,187,500 in 2016 at a rate that can reach up to 16%. In addition to New York State’s estate tax, the federal government taxes estates over $5,450,000 in 2016 at a rate that can reach up to 40%. So all individuals who don’t want their family’s summer home to fall victim to the tax collector must consider how best to pass their legacy onto the next generation.

Even with lower real estate valuations, trusts remain an essential succession-planning tool because they can prevent creditors from seizing certain properties and can control future generations from engaging in an undesired liquidation of the family’s home. 

Recently Governor Andrew Cuomo signed into law a comprehensive piece of legislation, which makes sweeping changes to New York’s requirement that Lenders and Borrowers negotiate in “good faith” during Mandatory Foreclosure Settlement Conferences.

Under New York foreclosure law, in a residential foreclosure action, commenced on or after February 13, 2010, involving a 1-4 family owner occupied property, it is required that a Mandatory Foreclosure Settlement Conference be held within sixty (60) days of service of the foreclosure summons and complaint. The purpose of the Mandatory Foreclosure Settlement Conference is to provide a venue for Borrowers and Lenders to settle the foreclosure action without further court action, via a loan modification, deed-in-lieu, short sale or other loss mitigation option. At this settlement conference, it is required that both parties negotiate in “good faith.”

However, the implementation of New York’s Mandatory Foreclosure Settlement Conference and its “good faith” negotiations requirement, has had its fair share of complications. To mitigate these complications, this recently enacted legislation, which takes effect on December 20, 2016, places stringent guidelines on the documentation and information that both parties must come to the conference with and requires that both parties, or representatives thereof, appear at the conference with full authority to settle the case.

Additionally, the legislation imposes more stringent penalties upon both parties should they fail to negotiate in “good faith.” Where it is found that a Lender has failed to negotiate in “good faith,” one or more of the following penalties may be imposed:

• A toll of the accumulation and collection of interest, costs and fees during any undue delay caused; 

• A civil penalty of up to twenty-five thousand dollars ($25,000.00); 

• Actual damages, fees (including attorney’s fees) and expenses incurred by the homeowner as a result of the Lender’s failure to negotiate in good faith; or 

• Any other relief that the Court deems just and proper. 

On the other hand, where it is found that a Borrower has failed to negotiate in “good faith,” the Court is required to remove the case from the conference calendar, meaning that the Lender will then be permitted to move forward towards obtaining a Judgment of Foreclosure and Sale. 

Effective May 18, 2016 the license law has been updated in the State of New York and discrimination clearly will no longer be tolerated by salespersons and brokers. The regulations is:

19 NYCRR 175.17(b)

No real estate broker or salesperson shall engage in an unlawful discriminatory practice, as proscribed by any federal, state or local law applicable to the activities of real estate licensees in New York State.

A finding by any federal, state or local agency or court of competent jurisdiction that a real estate broker or salesperson has engaged in unlawful discriminatory practice in the performance of licensed real estate activities shall be presumptive evidence of untrustworthiness and will subject such licensee to discipline, including a proceeding for revocation.

Nothing herein shall limit or restrict the Department from otherwise exercising its authority pursuant to section 441-c of the Real Property Law.

Before making a real estate decision, read these five articles written by Andrew Lieb, Esq.

Andrew Lieb discusses suffolk county lease requirements in his latest article Hamptons Real Estate Law: Never Overlook the Lease, featured in Dan's Papers.

**Click Here to Apply Now**

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

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

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)

Deceptive & Misleading Advertising

Instructor: Andrew Lieb, Esq., MPH

Credits: 3 CE Hours

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.

• 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.

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.

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

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.

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:

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

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.

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.

Real Estate Attorney

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. 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 competence are quickly rewarded with responsibility and opportunities beyond that offered for similarly experienced attorneys at major 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.

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. We challenge you to provide supporting anecdotal evidence of why you would thrive in a collaborative firm that consists of 6 Attorneys, 3 Law Clerks, 2 Business Managers and 1 Paralegal.

This role will start off working across all aspects of the firm’s real estate practice inclusive of foreclosure litigation, mortgage default workouts, real estate transactions, landlord / tenant transactions and evictions, land use and business transactions. Then, the candidate is charged with developing their personal niche as their carrier evolves.

This position is located in Center Moriches, which is in Suffolk County within the Riverhead / Westhampton Area. Clients span across Long Island, New York City and Westchester.

Compensation: Commensurate with experience, includes full benefits package.

About The Firm: 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 firm’s transactional team ensures that contractual language is driven by qualitative data from the litigation field. Lieb at Law’s 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.


To Apply: Email Cover Letter, Resume and Salary Requirements to careers@liebatlaw.com



- See more at: http://lawjobs.com/job/real-estate-attorney-center-moriches-new-york-164526#sthash.EkMA9Mye.dpuf

Tonight, 3/28/16, Andrew M. Lieb will be instructing a CLE, Top 10 Real Estate Laws of 2015, based upon the article of the same title.

The event is sponsored by First American at the Omni Building in Uniondale.

The supporting materials are provided here.

The Court of Appeals in Beltz v. City of Yonkers effectively established the Trivial Defect Doctrine in 1895, a staple in the modern defense attorney’s playbook. Therein, the court recognized that no walkway could be kept so perfectly safe so as to preclude the possibility of an accident and accordingly held that “when … the defect is so slight that no careful or prudent man would reasonably anticipate any danger from its existence … the question of defendant’s responsibility is one of law.” Perhaps shocking to a modern practitioner, the Beltz court found that a two and a half inch deep, 26 inch long and seven inch wide depression in a sidewalk was not an actionable defect. Ever since, New York courts have struggled to define when a defect in a walkway is actionable.

FINALLY A FAIR HOUSING CLASS THAT IS ENTERTAINING!!!

The New York Real Estate Journal recently interviewed Andrew Lieb, Esq on technology and legislative trends.

Read the full article here.

Flat fee MLS is a trend where a homeowner can pay a small fee (typically around $300), to list their For Sale By Owner home (referred to herein as “FSBO”), on the Multiple Listing Service (referred to herein as “MLS”). As a result, the homeowner can enjoy the best of both worlds in avoiding an approximate 4 to 6 percent commission, while nonetheless exposing their property to all of the clients and customers of licensed real estate brokers/brokerage firms throughout the region. However, the FSBO homeowner cannot directly place their home on the MLS on Long Island, but instead must pay a flat fee MLS vendor, who is also a real estate broker/brokerage firm (referred to herein as “MLS vendor”) for the privilege of using the MLS because only licensees of the service can list on the MLS.

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