New York Real Estate Lawyer

We represent both buyers and sellers in New York Real Estate transactions. Our firm handles all aspects of commercial and residential Real Estate closings. Our goal is to help make your Real Estate transaction as smooth as possible.

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Commercial and Residential Real Estate services we provide include, but are not limited to:

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• Contract Negotiation and Preparation

• Title Examinations and Title Insurance

• Residential Real Estate Closings

• Commercial Real Estate Closings

• Title and Deed Disputes

• Short Sales

• Easements, Rights-of-Ways, and Encroachments

• Construction Defects

• Escrow Services

• Landlord/Tenant Matters

• Foreclosure Defense

• Loan Modifications

• Land Use Law

• Real Estate Litigation and Quiet Title Actions

 

Throughout each Real Estate transaction, specific procedures and laws impact the outcome of the transaction. Without experienced legal representation, you could lose all or a significant portion of your investment in Real Estate.

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Your Realtor or Real Estate agent has a specific job, but it is not providing legal advice. We help you deal with the legal issues related to Real Estate and Real Estate transactions to help you achieve the outcome you desire.

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Foreclosure Defense – Helping Homeowners Keep Their Homes

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Dealing with a foreclosure action is stressful and frightening. In many cases, homeowners experience a financial crisis that causes them to fall behind on their mortgage payments.

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Unfortunately, the mortgage company and its attorney are not concerned with why you fell behind on your mortgage payments. They are only interested in getting the money.

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A foreclosure proceeding is filed by a lender to obtain Court approval to sell your home to pay the debt you owe. New York is a Judicial foreclosure state. The lender must file a lawsuit to force a foreclosure Sale.

In most cases, a mortgage company does not file a foreclosure lawsuit after one missed payment. The lender may write letters and call you to request payment.

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Therefore, there could be time to work on a solution that avoids foreclosure. Our New York foreclosure defense attorneys can help you explore various options to avoid foreclosure; such as Short Sales, deeds in lieu, refinances, and loan modifications.

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If you cannot avoid a foreclosure action, we can also discuss various defenses to the lawsuit. You may have a valid defense, such as predatory lending practices, violation of Truth-in-Lending laws, misrepresentation, and fraud.

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We can also provide you with legal advice regarding how long you can remain in your home after you receive a Notice of Foreclosure. Do not ignore a foreclosure notice or foreclosure complaint. If you do not respond, the Court enters a default judgment and your home is sold at a foreclosure Sale.

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Loan Modifications – Restructure Your Home Mortgage to Make it More Affordable

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When you purchased your property, you signed a loan agreement that set forth the terms of the loan. The terms of the loan include the amount borrowed, interest rate, number of payments, monthly payment amount, and other conditions for the loan.

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A loan modification changes one or more of the terms of the original loan agreement. Loan modifications are often used to avoid foreclosure.

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A homeowner falls behind on mortgage payments and cannot catch up. Instead of foreclosing on the mortgage, the lender agrees to modify the original loan agreement. The lender may agree to lower the interest rate, extend the term of the loan, or forgive a portion of the past due mortgage payments.

The loan modification process can be confusing and frustrating. The lender typically requests substantial documentation to verify your current and future income. Also, the lender may direct you to write a letter of explanation.

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Our New York loan modification lawyers can help you gather the required documentation needed for a loan modification. We draft letters of explanation and work with the lender to avoid foreclosure. Our goal is to simplify the process for you, and remove some of the frustration and stress you experience, as you work to save your home from foreclosure.

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Short Sales – Avoid Foreclosure

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A Short Sale is another way you can avoid foreclosure. However, you want to make sure to work with an experienced Short Sale attorney in New York. An attorney ensures that the agreement for the Short Sale does not result in you owing additional money to the mortgage lender after the Short Sale is complete.

 

A Short Sale is a Real Estate transaction. You sell your home to a buyer for an agreed-upon price. However, the price is not sufficient to pay the mortgage loan in full.

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Your lender must agree to the sales price because it is accepting an amount that is less than you owe on the property to satisfy its mortgage. Negotiating a Short Sale can be difficult as some lenders hesitate to accept them.

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Our attorneys have experience negotiating Short Sales. We understand how to present an agreement that is convincing and beneficial for the lender, as we work throughout the process to protect your best interests.

 

Refinancing Your Mortgage

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Another option to avoid foreclosure is refinancing your mortgage. Many people also refinance mortgages to reduce their interest rates or to lower their monthly payments.

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There are many different types of refinancing options to choose from for your new mortgage. Working with an attorney can help you choose the best type of mortgage for your refinance. Your attorney can also analyze your situation to determine whether refinancing is a good option for you.

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Things to consider when refinancing your mortgage include:

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• Whether you want a fixed-rate or adjustable-rate mortgage;

• If you want to withdraw cash out of the equity of your home;

• The length of the new mortgage;

• Interest rates and closing costs; and,

• How affordable the new monthly payment will be given your current financial situation.

 

A New York Real Estate attorney helps you avoid predatory lenders and scammers when you are refinancing your home. Your lawyer reviews the fees and costs being charged by the mortgage lender to ensure that you are not being charged too much for a refinance. Having an attorney to walk you through the refinance process can avoid costly mistakes and make the process less stressful.

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Contact a New York Real Estate Attorney for More Information

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Do not attempt to navigate the complex Real Estate laws in New York or Real Estate transactions alone. Even what appears to be a simple Real Estate transaction can benefit from the expertise and skills of an experienced attorney.

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Whether you are buying or selling Real Estate, facing foreclosure, or have questions about New York Real Estate laws, contact the Law Office of David S. Harris for help. Email info@davidsharrislaw.com or call (718) 291-5544 today to speak with an experienced New York Real Estate attorney.