Prior blog posts have discussed a “short sale” of a property in foreclosure. A short sale is when the house is worth less than the mortgage owed to the lending institution, and the lender agrees to accept less than the full amount owed when the transaction takes place. However, a situation…
Articles Posted in Real Estate Litigation
Deficiency Judgments in New York Foreclosures
Previous blog posts have discussed foreclosures in New York State. Many of our clients own either residential or commercial property and may not be able to make their mortgage payments. They may become subject to a foreclosure lawsuit brought in the appropriate Supreme Court, in which the lender seeks to foreclose…
Who’s in Charge? Disputes over Control of Religious Institutions
Recently in the news is a story relating to control over Touro Synagogue, located in Newport, Rhode Island. The Touro Synagogue was built prior to the Revolutionary War and is one of the oldest congregations in the United States. As with many older institutions, over the centuries, the original congregation and…
Fraudulent Conveyances of Real Estate in New York
Occasionally, our clients inquire as to whether a real estate transaction could be considered a fraudulent conveyance. This situation can occur when an individual or entity transfers property due to a judgment or pending judgment, in an attempt to evade creditors. In New York, a judgment is a lien on real…
Preserving Real Estate Assets for the Defaulting New York Homeowner
It is not unusual for some of our clients to be presented with the following scenario. An owner of a single family house or apartment falls behind on his mortgage and his lender commences a foreclosure proceeding while a sale is pending. In an apartment scenario, the cooperative board pursues a…
Mortgage Modifications in New York State
Our firm is often called on to assist homeowners whose properties may be in foreclosure. This can occur when a person falls behind in their mortgage payments to a bank or other lending institution. Because of the high volume of such foreclosures in New York State over the past several…
Unlivable Conditions in New York Coops
Many legal issues arise in New York relating to rental apartments. Disputes between landlords and tenants are extremely common, and have been discussed in many posts on this blog. Extremely prevalent are situations in which the living conditions of the apartment have deteriorated to the point where the apartment may not be…
Legal Issues Relating to Private House Rentals in New York
Many of our firm’s clients own private houses in Westchester County, in Brooklyn (Kings County), the Bronx, and Queens County. These may be one or two family houses, and many of these houses are part of the rental market, rather than owner-occupied. Renting a private house involves many legal issues that…
Landlord-Tenant Eviction Action in New York – Holdover or Non-Payment?
Our firm frequently represents both landlords and tenants in eviction actions. Unlike many law firms who specialize in only representing landlords or only defending tenants, we recognize that valid legal issues and valid defenses may exist for both the party owning a given property and the party who may be…
What’s in a Name? Name Change Petitions in New York State
Our firm often receives inquiries from individuals who desire to legally change their name. People may desire to change their name for many reasons. Some want to avoid a name which may be linked to celebrities or individuals with unsavory or even criminal histories. Others may need their name legally…