Alice Breding is the principal attorney at Breding Law and focuses on family-centric residential real estate. Much of her work includes helping individuals buy their first home as well as helping to plan to take care of their families in the future. She also practices in the areas of estate planning, small business planning, vehicle … Continued

On November 17, 2022, the Climate Change Committee of the New York State Bar Association’s Real Property Law Section sponsored a CLE webinar, “Challenges and Opportunities in Financing Energy Improvements in Multifamily Buildings.” This program is part of an ongoing effort by the Climate Change Committee to educate the bar how to respond to the … Continued

As lenders and servicers well know (even if they did not read these columns) New York imposes by statute a 90-day notice to be sent to the borrower as a prerequisite to acceleration and foreclosure.1 Attorneys for lenders and borrowers would know this as well. Presumed knowledge aside, for some reason, lenders have had difficulty in actually proving the … Continued

Lenders in New York are battling backwards to foreclose on loans that are indisputably due and owing. On Dec. 30, 2022, Governor Kathy Hochul signed into law the controversial Foreclosure Abuse Prevention Act (FAPA) in direct response to the New York State Court of Appeals’ decision in Freedom Mtge. Corp. v. Engel, 37 N.Y.3d 1 (2021), … Continued

The Real Property Law Section currently has more than 3,500 members and, in 2022 and now in 2023, has been aggressively promoting its younger members to leadership positions. Each of our more than 20 substantive committees will soon have three co-chairs instead of two, creating many opportunities for advancement and succession in the years ahead. Additionally, we … Continued

The COVID-19 pandemic caused many Americans residing in large cities to purchase vacation homes in places that are less congested or otherwise considered vacation areas. For example, many New York City residents have purchased homes in the Hamptons, the Jersey Shore, the Adirondacks and even more distant places such as Florida and Arizona to escape … Continued

Jeanne Roig-Irwin is a partner in the Clifford Chance Real Estate Group and focuses on complex real estate acquisitions, financings, and joint ventures. Her work also includes representing real estate developers, banks, funds and REITs in real estate dispositions, leasing and other real estate transactions. Q: What sparked your interest in real estate law? I … Continued

New Yorkers are accustomed to traversing city sidewalks protected by wooden sidewalk sheds and metal scaffolding. But many New Yorkers are probably unaware of the complicated regulations, acrimonious negotiations, legal battles, and related costs that can sometimes be involved to simply install such required safety measures, especially when they must be installed, in part, on a … Continued

The form of contract of sale currently used throughout New York State for the sale and purchase of a cooperative apartment was approved in 2001. Recognizing that the form no longer adequately addresses the needs of practitioners in the field—or that of their clients—and with the aim of better reflecting current laws and customs, a … Continued

Introduction In the wake of the Great Recession, while the economy was still reeling, mortgage defaults reached a historic high. In the blink of an eye, banks across the nation folded and fell into receivership or were absorbed by other larger banks that remained afloat with government assistance. What followed was an avalanche of foreclosure … Continued