U.S. Supreme Court Rules Against Debtors in Second Mortgage Cases

Many New York homeowners are faced with two mortgages they can no longer afford to pay. In many cases, the amount they owe to the bank far exceeds the current market value of their homes. In order to avoid foreclosure, debtors frequently turn to the federal bankruptcy courts. But a

“Historic Preservation” Can Mean Big Problems for Property Owners

In New York, local governments may impose significant restrictions on the use of private land. For example, since 1965, New York City has authorized local officials to designate certain buildings as “historic landmarks,” which limits the ability of owners to redevelop or alter their own properties. The law is supposed

What Are a Landlord’s Duties Under the “Warranty of Habitability”?

The “warranty of habitability” is an important concept in New York real estate law. If you lease a residential property such as an apartment or condo, by law you guarantee the premises are “fit for human habitation.” This does not mean the residence must be in new or perfect condition,

Is a Contract Enforceable If It Violates the Law?

New York courts will not enforce certain contracts if they violate state law or public policy. But that does not mean a contract is automatically unenforceable if it violates a state law. Rather, the court must determine the violation compromises “public health or safety.” or is otherwise “gravely illegal and

Do Debt Collectors Have to Warn You About Tax Consequences?

Many of us are struggling with credit card debt. If you have a delinquent account, a debt collector hired by the original creditor may approach you and offer a settlement. While a settlement may allow you to resolve the creditor’s claim for a fraction of what you may owe, it’s

The ASCAP Royalty Decision and Understanding Business Agreements

The American Society of Composers, Artists and Performers represents roughly half the musical composers and song publishers in the United States. Basically, individual artists assign their publishing rights to ASCAP, who in turn licenses the works to others businesses. Since the 1940s, ASCAP’s business practices have been subject to a

Long Island Senator’s Arrest Highlights Corruption in Real Estate Lobbying

New York’s real estate world was rocked by recent corruption charges against a powerful Long Island politician. On May 4, the United States Attorney’s office in Manhattan announced the arrest of Dean G. Skelos, the majority leader of the New York State Senate, together with his son, Adam Skelos. Sen. Skelos

How a Property Sale Can Affect the Right to Challenge a Tax Assessment

Property taxes are an important consideration in just about every real estate transaction. If you are contemplating buying property, you want to have some idea of its assessed value and potential tax liability. You must also be aware of how prior or pending legal proceedings may affect your rights once

Is It Always “Buyer Beware” When Purchasing a Home?

The biggest fear many people have when buying a home (or other real estate) is they will find something wrong with the property after they have already closed the deal. If that happens, it is often too late to do anything about it legally. New York law can make it