Now that we’re entering the Spring real estate market , we should anticipate that our real estate clientele will be entering into new real estate contracts for their real estate purchases. Certain clauses of such contracts should be negotiated in a particular manner, depending upon whether your attorney is representing a buyer or…
Articles Posted in Real Estate Transactions and Finance
Commercial Leases and the “Give and Take” between Landlords and Tenants
Our firm is routinely involved in commercial lease negotiations. This post will address the “give and take” that takes place in such negotiations, while discussing the legal issues that commonly arise. For convenience sake, let’s assume that our attorney is negotiating on behalf of a retail store tenant engaged in a food…
Mortgaging of Church Owned Property under New York Religious Corporations Law
News reports have recently discussed the Archdiocese of New York and their seeking Court approval to mortgage church-owned property. The purpose behind such action is for the Church to obtain a loan of $100,000,000.00 from JP Morgan, Chase, N.A., backed by a mortgage on Church-owned property located at 457 Madison Avenue…
Untimely Deaths- The Legal Aspects
The timing of death is never particularly welcome. Some families are prepared, in that the deceased was elderly, maybe ill, and living in a nursing home. Perhaps such a person also had the foresight to have their attorney prepare her Will and other estate documents. Others may pass away at…
Due Diligence and Real Estate Purchases
You have found the perfect house, cooperative or condominium apartment after a long search. It has the ideal updated kitchen to show off your culinary skills and a beautiful bathroom that rivals a spa-like retreat. Is there anything that should delay the signing of the contract and procession to closing? Yes, there…
Pitfalls Arising from the Purchase of Foreclosed Properties
From time to time, we are approached by a client who says that she is getting a bargain on a real estate purchase of a foreclosed property. Such a property is being sold by the lender or its subsidiary at a price that the client believes to be well below…
Inheritance of Real Property and Partition Actions
Our firm is often consulted in situations where a number of individuals have inherited real property. For example, a parent passes away, and leaves a house to her three children. Many legal issues can arise from this type of situation, which will be discussed in this blog post. The first…
Everything You Need to Know About the Cooperative Board Approval Process (But Were Afraid to Ask)
After a long search, you have finally located your dream apartment. In New York, such an apartment is likely to be a cooperative apartment. You have been fortunate enough to obtain your loan commitment. Are you ready to close? No, because you now need approval for your purchase from the…
The Implementation of the New Mortgage Closing Disclosure Rules-How’s it Going?
In a prior post , we alerted our readers that the HUD real estate closing form as they knew it would be disappearing from closings. In a later post , we informed our readers that the new loan closing disclosure rules were in effect. Several months after the implementation of these rules, we…
House Rentals and their Effect on House Sales in New York
Recent posts on this blog have discussed legal issues relating to house rentals in New York. Many of our clients have second houses, vacation homes, or multiple properties which they rent to tenants. This post will discuss legal issues that arise when an owner seeks to sell a property that…