Having recently issued a decision canceling an Indymac mortgage lien in another foreclosure action, Judge Spinner turns his attention to the outrageous actions of Wells Fargo and holds the mortgage behemoth liable for trespass, resulting in $155,092.00 judgment, in Wells Fargo v. Tyson. At the outset, the court pointed out that the Plaintiff sent a [...]
So I have been playing around with a new feature added to Property Shark: Deep Owner Search. You can type in a person’s name, a corporation name or an address and see what properties are associated with that information. From there, you can also search that person’s associates and so forth. Since I have practiced [...]
On Friday, January 15, 2010, HUD Secretary Shaun Donovan issued a press release, as part of HUD’s Neighborhood Stabilization initiative, temporarily waiving FHA’s 90 Day Seasoning Rule. Amazingly, HUD is cognizant that the seasoning guideline is having a negative impact on alleviating the problem of abandoned and blighted homes:
“In today’s market, FHA research finds that [...]
In our current distressed market, there are a few avenues available to distressed, underwater homeowners: loan modification, Deed-In-Lieu, short sale or foreclosure. For those that lack the necessary income to qualify for a loan modification, a short sale is often the best choice. If the property is the homeowner’s principal residence, the debt forgiven in [...]
While the first time home buyers are out in force looking to purchase a home, the reality is that a good part of the elusive purchaser pool is made up of homeowners looking to trade up to a new home. Which means, for the most part, they need to sell their current residence to [...]
On January 4th, VREBC is hosting its all-day, “FREE” 2nd Edition of the Virtual Real Estate Bar Camp. This is most definitely a “must attend” event for all real estate professionals who want to add social media skills to their repertoire.
Who Should Come?
RE BarCamp welcomes real estate industry related people, including real estate agents, real [...]
There appears to be a buzz going around about short-sale flipping and the FBI adding this genre to its list of mortgage fraud. However, not all short-sale flips are fraudulent. This bears repeating: NOT ALL SHORT SALE FLIPS ARE FRAUDULENT. There are many real estate professionals out there closing back to back transactions in a [...]
Inman columnist Bernice Ross posted an excellent article, in response to a Seller’s question, on what to do if your buyer is $5,000 short for the deal. As a New York real estate lawyer, I wanted to add my two cents as to a rather innovative way to close that gap.
New York is one of [...]
JOHNSON v. MELNIKOFF, 2008-08857 [2d Dept 8-4-2009] 2008-08857
Decided on August 4, 2009.
In an action, inter alia, pursuant to RPAPL article 15 to
determine title to real property, the defendant Bank of New York Trust Company,
N.A., appeals, as limited by its notice of appeal and brief, from so much of an
order of the Supreme Court, Kings County [...]