Selling Short: Debunking Some Myths about the Process

Residential Real Estate Lawyer Selling Short Process

Homeowners thinking about selling short – asking mortgage lien holders to release their lien against the property for less than what is owed, in order to facilitate a sale to a bona fide buyer – are faced with some difficult decisions.  A short sale can impact credit for years, so the decision should not be …

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Selling Short: A Beginner’s Guide to Avoiding Foreclosure and Bankruptcy

Residential Real Estate Lawyer Selling Short Guide Foreclosure Bankruptcy

Struggling homeowners who cannot keep up with mortgage payments have few choices when faced with the realities of job loss or other financial hardships which make it difficult or even impossible to pay their mortgage.  Generally, there are three options: (1) Bankruptcy, (2) Foreclosure or (3) Short Selling. All three options have negative effects on a …

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Legal Update: Flip Taxes and Fannie Mae / Freddie Mac

Residential Real Estate Lawyer Legal Update Flip Tax

Sometimes government’s attempt to resolve problems unintentionally overreaches, and has an unintended impact.  That is the case with a recent round of proposed rule-making from the Federal Housing Finance Agency (the regulators of Fannie, Freddie, and 12 other Federal Home Loan Banks).  FHFA was trying to redress abuses by unscrupulous developers (imagine that) who were building and …

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New York State Tax Department and the Second Home

Residential Real Estate Lawyer New York State Income Tax

So unless you have been on a desert island for the last week with no internet access, you have likely heard about the case involving the Connecticut couple that just lost a tax appeal to the tune of about $1 million in back taxes, interest and penalties.  The case hinged around a second home they …

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Welcome to the Building! Please Get Rid of Your Dog!

Residential Real Estate Lawyer Legal Tips Pet House

I had a client call me in tears a few years ago relating the following story. She and her husband decided to adopt a dog from a shelter. Her building had a policy that permitted dogs, but restricted them to a 30 lb. weight limit. Not entirely uncommon in our region to have such a …

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Can I Borrow Your Sculptor?

Apartment Renovation

In the land of the bizarre (New York real estate), some phenomena unique to our market raise eyebrows for even the most jaded of real estate experts. Explaining these to potential buyers can be a challenge, so we begin here a series on these unusual issues with a brief primer on each. Can I Borrow …

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Is My Building Really Worth Less Than my Apartment?

Blog Image Apartment

Building financial statements have taken on a new found prominence in the age of tough bank underwriting, as institutional lenders are now scrutinizing these reports to determine whether the collateral – the apartment being financed – as opposed to the borrower, are worthy of extending a loan.  But to the non-CPAs in the crowd, these …

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Ten Rules for Successful Real Estate Deals in 2011

Apartment Closing

Having successfully closed well over a thousand real estate deals, trends develop that separate those deals that are successful, from those that fail.  And in the new reality of post-Lehman markets, the rules of the game are different – sometimes markedly so.  Looking forward to a successful 2011, I offer the following insights that might …

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The Emotional Component of Real Estate

Emotional Cost Real Estate

In 1978 Sony invented a device that enabled people to carry their music with them, and play cassettes (that’s what we called them then) without being tied to their home. The Walkman revolutionized the music industry, and paved the way to mobile music. They were first, and the innovator. Why then do I have an …

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The Bright Side of Tighter Underwriting Standards

Real Estate Transactions

When I first started practicing real estate law many years ago, I remember getting a call from a mortgage broker who was representing my client, the buyer, to give me an update on how the financing was going.   “Well,” he started, “we pulled his credit and it was around 620, and this is a …

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