It is not uncommon when our firm is involved in litigation against a debtor, that the debtor files for bankruptcy protection. In the United States, bankruptcy law is federally governed, and a debtor in the New York metropolitan area would file for such protection in the United States District Court…
New York Real Estate Lawyers Blog
Advice to Cooperative Boards: Apply Properly Tailored Rules Evenly to Protected Classes
In order to prevent discrimination claims brought by members of legally protected classes (i.e. racial minorities), it is crucial that cooperative boards construct rules with legitimate purposes (beneficial to the cooperative without being a means to exclude) and evenly enforce said rules. Federal Law prohibits the unavailability or denial of…
Credit Card and other Collection Lawsuits
As the reader of this blog is probably aware, there has been a large increase in personal debt in the United States over the past decade. As credit cards, credit lines, and other non-secured loans have become more easily available, and the stigma against being in debt greatly diminished, the…
Regulation of Smoking in Cooperative and Condominium Apartments in New York
The regulation of smoking by cooperative and condominium owners in New York has become increasingly contentious in recent years. The New York Post recently reported that a condominium owner in New York could not be forbidden from smoking in his apartment. While this particular case was decided based upon the…
Property Partition Actions in New York State
Often in New York, property is jointly owned by two or more individuals or legal entities, such as corporations. This can happen with both residential property and commercial property. One of the major causes of joint ownership of property can occur when the original owner passes away and leaves the…
Landlord-Tenant Actions in Westchester County, New York
When a tenant fails to pay their rent, or remains in a property after the expiration of their lease, legal action is often required. Smaller landlords, such as individuals owning a few properties, or people renting out a house, will consult our firm in order to use the proper legal…
Foreclosure Actions and Professional Responsibility
Recently, the New York State law firm of Steven J. Baum P.C. agreed to pay $4 million in fines and penalties after admitting that it failed to verify the accuracy of court documents filed by their firm in foreclosure matters. According to the article, many have criticized the settlement as…
Borrowers Ask: Will My Lender Modify My Mortgage?
Borrowers have both applauded and also sharply criticized the recent mortgage settlement reached by the attorneys general of all fifty states with our country’s five major loan servicers. In response to alleged mortgage abuses engaged in by lenders, an agreement was reached to reduce the principal balance of some mortgages…
Foreclosure Settlement Conferences in New York State
A recent article in the New York Times discusses efforts on the part of the New York State Court system to resolve foreclosure cases through settlement conferences. As discussed in a prior blog post, these settlement conferences are mandatory for residential foreclosure cases in New York State. Despite the best…
New York Condominium’s Pet Rules Result in Suicide for Building Resident
The New York Post recently reported the tragic story of a soap opera actor who was so despondent over his building’s pet regulations that he took his own life. The New York condominium building in which he resided enacted rules pertaining to pets that forbid pit bull breeds in the…