This week we wanted to draw your attention to an interesting case litigated in front of Justice Ruschelsman in the Supreme Court, Kings County. Justice Ruchelsman’s decision, in part, denied Plaintiff’s motion for Summary Judgment for causes of action for Specific Performance and Breach of Contract arising out of a Real Estate transaction where the Seller properly established a Time of the Essence (“TOE”) Closing due to Purchaser’s failure to timely close title. Among other claims, the Plaintiff-Purchaser, unsuccessfully attempted to argue that a contractual provision granting Purchaser a 10-day right to cure certain defaults also served to automatically extend any Time of the Essence Closing Date set forth in the Seller’s TOE Notice.

This week we wanted to direct your attention to an interesting decision out of the Second Department where the Appellate Court upheld a lower court’s Order granting Summary Judgment and dismissed a foreclosure action against a Defendant-Purchaser where the underlying mortgage was presumably paid in full at closing, but the Wired payoff funds never reached the Lender’s actual account.  The decision, in part, turned on the fact that the error in providing and/or crediting the correct Payoff Bank’s account rested with the Payoff Bank and/or its own representative(s) and not with the Purchaser or its Wiring bank.
The relevant facts of, as well as a link to, the case are set forth below.

This week we wanted to bring to your attention an interesting decision out of the 2^nd Department wherein the Court applied the doctrines of Caveat Emptor and Merger in denying a Plaintiffs’ causes of action sounding in fraud and deceit, misrepresentation and breach of contract arising out of a dispute involving the sale of real property in Queens county.  The relevant facts of, as well as a link to, the case are set forth below:

This week we wanted to draw your attention to an interesting decision out of the 2^nd Department wherein the Court analyzed and rejected Plaintiff’s claims for Adverse Possession and Easements by Necessity and Prescription.
The relevant facts of, and a link to, the case are set forth below.

This week we wanted to take the opportunity to review the proper method of calculating NYC and NYS Transfer Taxes due on the transfer of Real Property in situations where a Purchaser is contractually obligated to pay some or all of the Transfer Taxes.   In a typical Real Estate Transaction, unless otherwise required by the terms of the Contract, the Seller pays the standard NYS and NYC Transfer Taxes and, if applicable, the Purchaser pays a Special Additional NYS “Mansion” Tax.   As you know, several factors must be considered when calculating the appropriate Transfer Taxes due on a particular transaction including, but not limited to, the monetary consideration being paid by Purchaser at acquisition, the type of Property being sold and the County where the Property is located.  For your convenience and reference, below is a link to our website which lays out a summary of the applicable Tax Rates effective as of the last rate change date (7/1/2019).

 “A rose by any other name would smell as sweet.”  We certainly should recognize this famous quote from William Shakespeare’s play – Romeo and Juliet, but is this always the case?  While that sentiment may be true in the literary world, the misspelling of one’s name (especially the sur name) can lead to unwanted stress and complications in your real estate transactions when such spelling errors appear in recorded Judgments.  This week we wanted to provide some color and guidance on clearance obligations where a recorded Judgment against a purported property owner or purchaser appears in your Title Report, but also includes a spelling/typographical error in the actual Judgment document that was submitted for recording.

This week we wanted to remind you that the Initial observation reports for parking garages required under Article 323 of Title 28 of the NYC Administrative Code and 1 RCNY §103-13 of the NYC Department of Buildings Rules and Regulations are due for all parking garages in the City of New York are due by August 1, 2024 (unless an official Inspection Report for said Parking Garage has already been filed with DOB on or after January 2022). Please note that Property Owners of Parking Garages located in Manhattan in Community Districts 8, 9, 10, 11 & 12 as well as in all Community Districts throughout Brooklyn, can elect to file their Inspection Reports by August 1, 2024, and avoid the requirement to file the Initial Observation Report.

This week we wanted to bring your attention to an interesting case decided in the 1^st Department which dismissed an application that sought to overturn a foreclosure auction sale based on a theory that the process and procedures set forth in the Order were not followed in a Commercially Reasonable manner. In denying the Appellant’s claim, the Court’s Order gave some guidance and explanation as to what factors were weighed in determining what constitutes “Commercial Reasonableness.”
The relevant facts of, as well as a link to, the case are set forth below.

This week we wanted to take the opportunity to discuss an often-misunderstood topic in the Title Industry - the use of the “Ancient Mortgage” Doctrine to allow a Title Company to insure the transfer of Title over an unsatisfied mortgage of record. 

This week we wanted to bring your attention to an interesting decision out of the 2^nd Department, which ultimately held, in part, that a Defendant-mortgagor could not sustain causes of action designed to overturn a Judgment of Foreclosure because they were barred by the Doctrine of Collateral Estoppel.  The relevant facts of, as well as a link to, the case are set forth below.   

After entry of a judgment of foreclosure and sale, the Defendant-mortgagor commenced an action to quiet title seeking to have the mortgage loan rescinded. Among the causes of action asserted in the quiet title action were allegations of fraud, intentional infliction of emotional distress, violation of federal statutes, and unjust enrichment. The Supreme Court, Kings County, dismissed the complaint as being barred by the doctrine of collateral estoppel, and the Appellate Division, Second Department, affirmed the lower court’s Order. According to the Appellate Division, “[t]he issues raised by the plaintiff in this action were or could have been litigated in the foreclosure action, and [the plaintiff] is therefore precluded from relitigating them in this action…” Savory v. Wells Fargo Bank, N.A., 2022 NY Slip Op 01060, decided February 16, 2022, is posted at
https://www.nycourts.gov/reporter/3dseries/2022/2022_01060.htm0

When: Wednesday, April 24th,2024
Time: 11:00am-12:00pm via Webinar
Topic: Cyber Security: Survival of the Securest

Please join us for a one hour webinar as we review and discuss the numerous ways in which fraudsters are able to dupe people into helping them commit fraud. This presentation will focus on ways we can spot red flags in an attempt to prevent fraud in real estate transactions. 

Amount of Credits: 1 Credit Hour-General Practice

This credit satisfies the new CLE requirement for cyber security, privacy and data protection.

Home Abstract Corp.
in conjunction with First American Title Insurance Company, invite you to a complimentary continuing legal education seminar.

We wanted to take this opportunity to remind you that NYC has stepped up its enforcement of Local Law 111 of 2022 (LL 111/2022) which went into effect on April 1, 2023, and amended Subdivision a of Section 16-120 of Chapter 1 of Title 16 of the Administrative Code of the City of New York, as amended by Local Law number 22 for the year 2002.

Continuing Legal Education Seminar (CLE)
When: Wednesday, April 24th,2024
Time: 11:00am-12:00pm via Webinar
Topic: Cyber Security: Survival of the Securest

Please join us for a one hour webinar as we review and discuss the numerous ways in which fraudsters are able to dupe people into helping them commit fraud.
This presentation will focus on ways we can spot red flags in an attempt to prevent fraud in real estate transactions.

This week we want to draw your attention to an interesting decision out of the 3^rd Department, where property owners unsuccessfully attempted utilize RPAPL Section 1951 (“Extinguishment of a non-substantial restrictions on the use of land”) in an action to quiet title and eliminate an Easement which burdened their property with an easement creating a walking and recreational trail. Unfortunately for the Plaintiffs, both the Supreme Court, Saratoga County, as well as the Appellate Division, Third Department, held in favor of the Defendant/Respondent, the Town of Wilton, deciding, in part, that no cause of action could be maintained under RPAPL Section 1951 in the underlying action. The relevant facts of, as well as a link to, the case are set forth below:

Here at Home, we are always looking for ways to provide better service to our trusted clients. In keeping with that goal, we are very excited to let you know that our new Website is now up and running with some new enhancements. In designing this site, we made every effort to provide you with a series of valuable online tools to better enhance your practice while also simplifying access to your individual Title orders. Some of the major features of the new Website are as follows:

This week we wanted to remind you that on March 20, 2024 (the “Effective Date”), the legislation signed into law by Governor Hochul (A.1967/S.5400 enacted as Chapter 484 of the Laws of 2023) amending relevant Sections of Article 14 of the Real Property Law (Sections 460-467) will take effect and change how many Sellers (and their attorneys) handle the Seller’s obligation to deliver a completed Property Condition Disclosure Statement (“PCDS”) to a prospective Purchaser on certain, covered Residential Real Estate transactions.

This week we wanted to bring your attention to Local Law 157 of 2016 (known as either “LL 157-16” or the “Gas Detector Law”) which requires the installation of natural gas detectors in all residential dwelling units (includes all private 1 2 Family, Class A Class B Multiple Dwellings), including those for short term use (hotel etc.), that are not owner occupied. Other than owner occupied dwelling units, the only other properties exempt from the requirements of LL 157-16 are buildings with no natural gas piping or service.

This week we direct your attention to an interesting Appellate Court decision in the 1^st Department which affirmed and modified a lower court ruling granting a Plaintiff-Purchaser’s motion for Summary Judgment for breach of contract. The decision was based, in part, on the fact that the Defendant-Sellers had failed to meet all of its contractual obligations before issuing Time of the Essence Letters to the Purchaser as a pre-cursor to holding Purchaser in default.
The relevant facts of, as well as a link to, the case are set forth below.

When: Wednesday, February 28th, 2024
Time: 11:00am-12:10pm via Webinar
Topic: Title Insurance Fact or Fiction
Join us as we take an in-depth look at what is and isn’t covered in a title policy. We will review policy coverages and the benefits of title insurance.

This week we wanted to draw your attention to a very interesting case out of the 2^nd Department which, in the context of determining the validity of a mortgage foreclosure action, tackled complex issues related to the difference between a Deed “void ab initio” vs. a Deed that may have been “voidable” as well as the effect of “Apparent Authority” of an Administrator to transfer title. The relevant facts of, as well as a link to, the case are set forth below.