Estate Litigation in New York

Estate litigation in New York otherwise called probate litigation is a sad aspect of civil law. On the one hand it has to do with death. On the other hand it has to do with conflict among those close to the departed. In many cases one family member is protesting a will because he or she feels … Continued


What an NYC Estate Planning Attorney Can Do for You

When someone says estate planning attorney, you probably envision a lawyer who has the skills to help people write their wills. While it’s true that drafting a Last Will and Testament is one important service offered by an new york estate attorney, it’s by no means all they do. Wills and how they work in the … Continued


The Art of Wooing a Co-op/Condo Board

Condos and Co-ops boards in New York are extremely unique and elusive entities. Co-ops boards are actually one of the few, if not only, entities that can reject an applicant for any arbitrary reason including race, gender or sexuality. Although, no co-op board would probably ever cite these specific reasons for rejecting an applicant, most … Continued


A Good Faith Notice Before Moving For Default

A “GOOD FAITH” NOTICE BEFORE MOVING FOR DEFAULT & WELLS FARGO BANK, N.A. v. BUTLER: A MISAPPREHENSION AND UNFOUNDED JUDICIAL TRANSFORMATION OF THE LIMITED SCOPE AND OBJECTIVES OF THE SIMPLE SETTLEMENT CONFERENCE PROCEDURES LEGISLATIVELY IMPOSED BY CPLR §3408 A recent Supreme Court decision in the second department, Onewest Bank, FSB v. Navarro, 41 Misc. 3d … Continued


The Legalities of Short-Term Rentals in NYC

As the price of living in New York City (“NYC”) increases, many New Yorkers are turning to a new lucrative way to make some extra money: renting their apartments to strangers for a short-term period of a few days to a few weeks. With the emergence of online short-term rental websites such as Airbnb, Wimdu, … Continued


Consumer Financial Protection Bureau Changes (effective January 10, 2014)

Newly enacted Consumer Financial Protection Bureau (CFPB) rules designed to protect defaulted homeowners will become effective today, January 10, 2014. Click here to download a client memorandum explaining these changes in further detail. These regulations only apply to servicers, which are defined as people responsible for the servicing of a federally related mortgage loan (including … Continued


Understanding Reverse Mortgages and the Changes that Lie Ahead in 2014

Few topics in real estate law are more convoluted and difficult to understand than the elusive reverse mortgage. There are three types of reverse mortgages: 1) the single purpose reverse mortgage, offered by some state and local government agencies and nonprofit organizations (this option is the most cost-effective but is not available in every state … Continued


Demystifying the Infamous HUD at Closings

Few documents baffle attorneys, closing agents and brokers more than the mysterious HUD-1 Settlement State or “HUD” as it is more casually known. The HUD is a federal document that is used to provide Purchasers and Sellers with an itemized breakdown of their closing and mortgage costs in a real estate transaction. The HUD provides … Continued


Six Months Later – A Look at the New Jersey Expedited Process

As was discussed in depth in a Client Memo sent earlier this year, the new Expedited Foreclosure Process took effect in New Jersey on April 1, 2013. This process, which permits Plaintiffs in foreclosure actions to proceed summarily, was expected to dramatically cut foreclosure timelines for vacant and abandoned properties. While the process has only … Continued


How Does the New Jersey Optional Foreclosure Procedure Work?

Pursuant to N.J.S.A. 2A:50-63, mortgagees foreclosing on residential real property may proceed under a rarely utilized Optional Foreclosure Procedure. An action completed under the Optional Foreclosure Procedures does not require a public sale, as Final Judgment awards Plaintiff title instead of the customary Sheriff’s Deed. A mortgagee may proceed under the Optional Foreclosure Procedure so … Continued