Two parties settle a long running dispute, then one become disenchanted, can that party sue her attorney for negligence in “forcing” a settlement. There are all sorts of ramifications, both for the clients and their attorneys. Here’s one case. In 2005, Joseph and Teresa Guidos settled a shareholder dispute with…
As reported in prior entries on this blog, corporate, real estate, and estate planning attorneys in New York are concerned about the ramifications of the new Power of Attorney laws. The New York Law Journal published a recent article discussing the possible pitfalls to parties in New York. [Article— Joel…
For years most attorneys representing sellers of real estate in New York State have been counseling not to complete a Property Disclosure Statement. This recent case is an example of why, in New York, the Property Condition Disclosure Statements (PCDS) can cause trouble. Sellers in New York are required to…
So your thinking of living in Pearl River, Rockland County. Originally called Muddy Brook, the town was renamed in around 1870 after a resident said he had discovered pearls in mussels from the waterway. The community boasts wonderful people, active community involvement and modestly priced homes. Read a recent New…
I saw this in a Texas case recently. On November 23, 2009, a lawyer filed a property litigation alleging that his neighbor, a Church Cathedral was a private and public nuisance because they essentially operated church-sponsored services for homeless people. It seems that the complaining land owners objected to the…
As of January 1, 2010, the federal government will enforce rules that require mortgage lenders and brokers to prepare a three-page ‘Good Faith Estimate’ report that provide home loan estimates to consumers. Implemented by the Real Estate Settlement Procedures Act (RESPA), lenders and mortgage brokers must now give consumers standard…
Real Property Taxes are at the front of everyone’s mind these days because property values in New York have declined so dramatically. Did you know that the tools to grieve your taxes are often right at your finger tips. For example, in Dutchess County, the Real Property Tax Service Agency’s…
As a result of recent Court of Appeals and Statutory Changes in New York, litigation and law suits relating to adverse possession are wending their way through trial and appellate courts throughout the state. Adverse possession is a method of gaining title to property. Although not the favored means to…
Last month, the New York Court of Appeals ruled that the state of New York may legally seize private land for private developers use. In the 6-1 decision, the court allowed the seizure of a 22-acre plot located in downtown Brooklyn – effectively allowing the Atlantic Yards Project to proceed…
This blog has identified recent legislation in the State of New York discussing adverse possession. Adverse possession is a method of gaining title to property based upon use of the property (not written). Although not a favored means to procure land, depending upon the facts a person may acquire title…