This week we wanted to bring your attention to a very interesting case decided by Justice Debra A. Martin in the Supreme Court, Monroe County. Justice Martin’s decision, in part, held that while an in-rem tax foreclosure sale failed to trigger a recorded Right of First Refusal (“ROFR”) to purchase the property in question, the Plaintiffs, as the acknowledged beneficiaries of the ROFR, were entitled to written notice of the foreclosure sale resulting in an Order setting aside the foreclosure deed and requiring that a new foreclosure sale be held in compliance with all notice requirements.

This week we wanted to draw your attention to an interesting New York County Supreme Court decision issued by Justice Verna L. Saunders, which, in part, granted a Defendant’s motion to vacate and cancel a Mechanic’s Lien pursuant to Lien Law § 19(3) and discharged its posted Bond based on the fact that the Plaintiff failed to timely commence an action to foreclose on the Lien within one year of the lien filing date.
The relevant facts of, and a link to, the case are set forth below.

This week we wanted to highlight an interesting New York County Supreme Court decision issued by Justice Alexander M. Tisch, which analyzed, and ultimately dismissed, a Plaintiff’s claim against a Condo Board of Managers alleging that the Board exceeded its authority when it sold, by way of an easement, certain roof rights to the building.

Today we wanted to highlight an interesting New York County Supreme Court decision issued by Justice Paul A. Goetz, which interpreted certain provisions of a separation settlement agreement permitting defendant (Wife) to buy out decedent's share of the marital residence. The dispute in question arose when the Plaintiff (the Executor of the deceased husband’s Estate) brought an action for breach of contract to recover fifty (50%) of the net sale proceeds after the Defendant subsequently sold the marital residence which home had been awarded to her in the divorce action subject to certain conditions. The Court found in favor of the Plaintiff and 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 a very interesting Warren County Supreme Court decision issued by Justice Martin D. Auffredou which, in part, held that a party’s apparent use of a single-family dwelling for short-term rentals violated a Restrictive Covenant in the Deed that limited use only for “single family residential purposes.”.
The relevant facts of, and a link to, the case are set forth below.

This week we wanted to bring your attention to an interesting decision out of the 1^st Department which focused on the elements required to establish a Prescriptive Easement.
The relevant facts of, and a link to, the case are set forth below.

This week we once again wish to highlight another recent decision where the Court was forced to sort through allegations of fraud, forgery and adverse possession to render its decision to Quiet Title to a Kings County property.

This week we wanted to bring your attention to an Appellate Division decision out of the Third Department which held, in part, that mowing a lawn, together with constructing and maintaining a driveway, were sufficient evidence to support a claim for Adverse Possession of a disputed strip of land.
The relevant facts of, and a link to, the case are set forth below:

This week we wanted to bring your attention to a recent Supreme Court case out of New York County which highlights, in part, the importance of drafting Contract provisions that clearly define the Seller’s obligations with respect to crucial elements of the deal such as obtaining a Final Certificate of Occupancy or the existence of leaks into or emanating from the premises. Justice Ramseur’s decision awarded the Defendant (Seller) the retention of the disputed Contract Downpayment together with Legal Fees to be determined at a subsequent inquest hearing. The relevant facts of and a link to the case are set forth below.

Today we wanted to bring your attention to an interesting decision out of the Appellate Division, 2nd Department which held, in part, that a subsequent Purchaser for value, as well as the Purchaser’s Mortgage Lender, acquired their respective interests subject to a prior judgment lien; the amount of which had been mis-indexed in the County Clerk’s office. The relevant facts of Myrtle 684, LLC v Tauber; 2020 NY Slip Op 07901 [189 AD3d 1431], along with a link to the case are set forth below:

By now we are certain that you are aware of the increased risk associated with fraudulent deed transfer schemes being perpetrated across the country by scammers looking to take advantage of unsuspecting property owners. The costs in terms of legal fees, time, stress, lost sale opportunities and aggravation can be immeasurable if you or your clients become the unfortunate victims of one of these scams.

Supplementing our 01/03/2023, 01/17/2023 and 3/14/2023 Title Tuesday updates regarding the legislation that is set to change the adjusted allowances and tax rates used to calculate the Peconic Bay Community Preservation Fund Tax (CPF) in certain towns effective as of April 1, 2023, you will recall that the increased tax rates will not apply to transactions where the Contract of Sale was executed prior to April 1, 2023.

This week we wanted to highlight a recent First Department decision that held, in part, that a Fee Owner’s Policy did not provide coverage for a claim related to an unrecorded Deed in favor of an occupant in possession where the Insured Owner had prior knowledge tenants were placed in the Premises and rents were being collected.

Supplementing our 01/03/2023 and 01/17/2023 Title Tuesday updates regarding the legislation that was set to change the adjusted allowances and tax rates used to calculate the Peconic Bay Community Preservation Fund Tax (CPF) in certain towns effective as of April 1, 2023, we have now been advised by the Suffolk County Clerk that the increased tax rates will not apply to transactions where the Contract of Sale was executed prior to April 1, 2023.

How many times recently have you left the closing table worrying about whether that Wire Transfer for your payoff will actually be received by the Bank before you get back to the office? As Wire Transfers become more and more prevalent in our real estate transactional world, the opportunity for fraud and misappropriation of funds increases exponentially.

We wanted to take this opportunity to remind you to remain vigilant and continue to be on guard against the ever-increasing attempts of unscrupulous individuals to commit fraudulent land sales. These scams can involve the sale of a house or other types of real property, but often focus on the sale of a vacant lot that is owned free of encumbrances and liens. The “scammer” typically has done online research and is familiar not only with the property itself but with real estate transactions in general. The “Seller” therefore is usually able to discuss the proposed transaction with a high degree of accuracy.

This week we wanted to direct your attention to a recent First Department decision which held that an unrecorded discharge of mortgage was insufficient to vacate an Order of Foreclosure.  The relevant facts of and a link to the case are set forth below.

Can a Lis Pendens be used to secure repayment of a loan purportedly given to purchase real property?? That is one of the questions that was addressed in a very interesting Nassau County Supreme Court case and the answer, according to Justice Leonard D. Steinman, is - NO! Below is a summary of the relevant facts of the case and a link to the decision and order:

It has come to our attention that there have been several recent instances of vandalism to, and/or straight-out thefts from, overnight courier drop boxes throughout the metropolitan area. While thankfully this has not directly impacted any of Home Abstract Corp.’s payoff deliveries, these events have resulted in payoff checks being diverted so that the intended recipient does not receive the payoff funds.

This week we wanted to take the opportunity to revisit the effect of former Governor Cuomo’s Executive Orders which were issued in response to the Covid-19 outbreak, as they relate to the extension of deadlines and tolling periods of certain types of Liens.