LIEB BLOG

Legal Analysts

Thursday, January 18, 2018

New York State Senate Says Aye to Bill Allowing Title Insurance Marketing Expenses

With 61 ayes and 0 nays, the New York State Senate passed S6704 which provides a definition for “an inducement for, or as compensation for, any title insurance business” in Insurance Law 6409. The new definition allows title companies and agents to continue usual and customary marketing activities such as taking clients out for coffee or lunch. The only requirement is that these marketing expenses must not be offered as a quid pro quo for a particular piece of title insurance business.

Nonetheless, title insurance companies and agents are still holding their breath as it is still in the Assembly’s hands to approve A8467 and effectively ease Regulation 208’s prohibitions on inducements for title insurance business.


You can track the Assembly’s actions on A8647 through this link

Tuesday, January 16, 2018

Title Regulation Testimony before the NYS Assembly - A Must Watch

The NYS Assembly held a hearing before the Committee on Insurance on January 12, 2018, which goes into great detail about new Insurance Regulations 206 and 208.

During the first approximate 2 hours of the hearing, Superindent Maria T. Vullo of the Department of Financial Services made a statement and fielded many questions about these regulations and the industry as a whole. Then, a second panel of the big 3 title insurance underwriters discussed their take on the regulations. Next, a consumer advocacy panel and then, a title insurance agency representative testified, which were followed by the President of the New York State Land Title Association and an independent title closer. Finishing up the testimony, the Executive Director of TIRSA testified.

Beyond this hearing, real estate professionals should continue to track New York State Bills A8467 and S6704, which each relate to the definition of the phrase "an inducement for, or as compensation for, any title insurance business" as set forth in Insurance Law 6409 and can further change the title insurance industry, if signed into law.

Tuesday, January 02, 2018

Top 5 Real Estate Laws of 2017

Friday, December 29, 2017

Tax Deductions on 2018 Real Property Taxes Assessed and Prepaid in 2017

On December 27, 2017, the Internal Revenue Service advised tax professionals and taxpayers that 2018 state and local real property taxes paid in 2017 and assessed prior to 2018 are tax deductible in 2017. It is important to note that the real property taxes must be assessed and not merely estimated prior to 2018.

The IR-2017-210 Advisory further provides an example to illustrate: County A assesses property tax on July 1, 2017 for the period July 1, 2017 – June 30, 2018. On July 31, 2017, County A sends notices to residents notifying them of the assessment and billing the property tax in 2 installments, with the first due Sept. 30, 2017 and the second due Jan. 31, 2018. Assuming taxpayer has already paid the first installment, taxpayer may choose to pay the second installment on December 31, 2017 and claim a deduction for the prepaid taxes on taxpayer’s 2017 tax return.

However, as an additional example: County B also assesses and bills its residents for property taxes on July 1, 2017, for the period of July 1, 2017 – June 30, 2018. If County B allows its taxpayers to prepay property taxes for the 2018-2019 property tax year. Despite County B’s intention to make the usual assessment in July 2018 for the period of July 1, 2018 -June 30, 2019 and its acceptance of prepaid property taxes for the same period, such prepaid taxes are not tax deductible because they are not assessed until July 1, 2018.

The IRS Advisory contradicts Governor Cuomo’s Executive Order No. 172 which was signed on December 22, 2017. Executive Order No. 172 authorized local governments to immediately issue warrants to collect property taxes by the end of the year and consequently, allow New Yorkers to prepay their 2018 real property taxes in New York in 2017. Governor Cuomo’s intent was to allow New Yorkers to enjoy the tax deductible in 2017 and circumvent the GOP tax bill which set a $10,000 cap on state and local deductions.

Nonetheless, with the IRS Advisory being just that, an advisory and not a legal ruling, the issue of whether Governor Cuomo’s Executive Order No. 172 effectively allows taxpayers to enjoy tax deductions for prepaid 2018 property taxes is still left to be determined by a Tax Court as litigation is expected.

Thursday, December 21, 2017

Title Bribes continue until February 1, 2018

DFS Statement Regarding 11 NYCRR 228

Given the important consumer protections and impact of the necessary reforms of the title insurance industry that DFS has implemented pursuant to Regulation 208, DFS recognizes that a longer implementation period may be necessary to ensure full compliance.  Accordingly, DFS will commence enforcement of Section 228.2, Prohibition on Inducements for Future Title Insurance Business on February 1, 2018.