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Articles Posted in Real Estate Transactions and Finance

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Waiving the Mortgage Contingency Clause- Should Purchasers in New York Take the Risk?

Sellers of real estate in New York  perceive the current market as one with a tight inventory for desirable properties.  In such a market, multiple offers may be available to a seller.  In order to select one offer over another, a seller may demand that the buyer who intends to…

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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…

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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…

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Is This Your First Time? Property Purchases in New York State

It’s that time of year again.  This author is not thinking about the chirping birds and blooming trees heralding the beginning of Spring. We are thinking about another sign of the season– the first time home purchaser.  This post will address issues pertaining to the person buying a home, whether a…

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Assignment of Commercial Leases in New York

Our firm is often involved in landlord-tenant situations involving assignments of commercial leases.  What this means is that one party to a commercial lease (usually the tenant) wishes to transfer their rights and responsibilities to a third party, either an individual or company who is not a party to the…

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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…

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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…

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Getting Engaged this Valentine’s Day?

Are you planning to get engaged this Valentine’s Day?  While legal concerns may not be particularly romantic, our firm offers the following legal advice pertaining to issues that arise upon marriage in this post.  Legal issues arise whether it is a first or second marriage and may become more complicated if…

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Let’s Adjust: Calculating Amounts Due at New York Real Estate Closings

Those people who are new to the real estate closing process in New York may not be aware that the amount delivered by the purchaser at closing is not as simple as the amount of the downpayment as subtracted from the purchase price.  Adjustments are to be made for real…

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