Understanding the Basics of Property Law in New York Whether you’re buying your first home, investing in real estate, or managing rental properties, understanding the basics of property law in New York is essential. Property law governs how real estate is bought, sold, used, and transferred in the state, and it includes a wide range of legal rights and responsibilities. Here’s a quick overview of some key principles: 1. Types of Property Ownership New York recognizes several forms of property ownership, including: -Fee Simple – The most complete form of ownership, giving the holder full rights to use, sell, or transfer the property. -Tenancy in Common – Two or more people own a property together, each with an undivided interest. -Joint Tenancy with Right of Survivorship – Ownership passes automatically to the surviving owner(s) upon one’s death. -Tenancy by the Entirety – A special form of joint ownership for married couples, offering survivorship rights and protection from certain creditors. 2. Real Estate Transfers and Deeds Transferring property in New York requires a written deed, which must be: -Properly executed (signed and notarized) -Delivered to the new owner -Recorded with the County Clerk or Register’s Office -Common types of deeds include warranty deeds, quitclaim deeds, and bargain and sale deeds, each offering varying levels of protection. 3. Zoning and Land Use Zoning laws regulate how land can be used—residential, commercial, industrial, etc. Before buying or developing property, it's important to: -Review local zoning ordinances -Check for variances or special permits -Understand restrictions on building size, height, or use 4. Landlord-Tenant Law New York has detailed laws governing rental properties. Key areas include: -Rent control and stabilization (particularly in NYC) -Tenant rights to habitability and privacy -Eviction procedures and protections Landlords must comply with state and local laws or risk legal penalties. 5. Easements and Encumbrances An easement is a legal right to use another person's land for a specific purpose (e.g., a shared driveway or utility access). Encumbrances, such as liens or restrictions, can affect ownership rights and should be resolved before purchasing or selling property. Property law in New York can be complex, especially when dealing with issues like title disputes, landlord-tenant conflicts, or zoning compliance. Whether you're a homeowner, buyer, or investor, working with an experienced real estate attorney is the best way to ensure your rights are protected and your transaction is handled properly. Contact the Law Offie Of Robert Howe - with over 40 years of experience - today if you need guidance on any real estate or property law matter in New York.

U.S. Pending Home Sales See Modest Rebound in February In February 2025, the U.S. housing market experienced a slight uptick in pending home sales, offering a glimmer of hope amid ongoing challenges. According to the National Association of Realtors (NAR), the Pending Home Sales Index (PHSI) rose by 2.0% to 72.0, marking the first increase in three months. Despite this monthly gain, the index remains 3.6% lower than the same period last year, indicating that the market continues to navigate a complex landscape. ​( National Association of REALTORS® , Reuters ) Regional Performance: 1) South: The region led the recovery with a 6.2% increase in pending sales. ​( Mortgage Professional America ) 2) Midwest: Experienced a modest rise of 0.7%. ​( Reuters ) 3) Northeast and West: Both regions saw declines, with the West experiencing a more pronounced decrease. ( National Association of REALTORS® ) Market Influences: The modest rebound in pending home sales is partially attributed to a slight dip in mortgage rates. The average rate for a 30-year mortgage decreased to 6.65% from 6.67% the previous week, providing some relief to prospective buyers. ​( Reuters , AP News ) Looking Ahead: While the February increase is a positive development, the housing market remains below historical norms. High home prices and elevated mortgage rates continue to challenge affordability. The NAR forecasts a gradual decrease in mortgage rates, averaging 6.4% in 2025 and 6.1% in 2026, which could stimulate future home sales. ​ ( Fox Business , MarketWatch ) Conclusion: The 2.0% rise in pending home sales for February suggests a tentative step toward market stabilization. However, the year-over-year decline underscores the ongoing hurdles within the housing sector. As the market approaches the traditionally active spring season, stakeholders will be closely monitoring these trends to gauge the trajectory of the housing market in the coming months.​ If you have any questions about how this recent news affects your home buying or selling decisions contact the Law Office Of Robert Howe today.

5 Things to Consider Before Selling Your Home in New York Selling a home in New York can be an exciting but complex process. From legal requirements to market conditions, it's important to be prepared before listing your property. Here are five key things to consider before putting your home on the market in New York State. 1. Hire a Real Estate Attorney In New York, it is customary—and often necessary—for both buyers and sellers to be represented by an attorney during a real estate transaction. A seller’s attorney will: -Draft and negotiate the contract of sale -Address title issues -Represent you at closing Having legal guidance helps ensure a smooth, legally sound transaction. 2. Understand the Local Market New York real estate varies widely by location—what’s true in Manhattan may not apply in the suburbs or upstate. Before listing, research: -Recent comparable sales (comps) -Average time on market -Current buyer demand Working with a knowledgeable real estate agent can help you price your home competitively. 3. Get Your Paperwork in Order Be prepared to gather important documents, such as: -The deed -Property tax records -Certificate of occupancy -Recent utility bills If your home is a co-op or condo, you may also need board documents, financials, and bylaws. 4. Address Repairs and Curb Appeal First impressions matter. Make necessary repairs and consider small upgrades or staging to maximize appeal. A clean, well-maintained home can help you sell faster and at a better price. 5. Plan for Taxes and Closing Costs Selling your home isn’t just about profit—there are expenses to consider, including: -Transfer taxes (especially in NYC) -Broker commissions -Legal fees -Capital gains taxes (if applicable) Your attorney or accountant can help you understand what to expect and how to prepare. Selling a home in New York involves more than listing and waiting for offers. Legal, financial, and market considerations all play a role. If you’re thinking of selling, contact the Law Office Of Robert Howe today for experienced legal support to guide you through the process.

What It Means to Create a Trust in New York Creating a trust in New York is a powerful estate planning tool that allows individuals to manage and protect their assets during their lifetime and beyond. A trust can help you avoid probate, minimize estate taxes, and ensure that your wealth is distributed according to your wishes. What Is a Trust? A trust is a legal arrangement in which one person (the grantor) transfers assets to another person or entity (the trustee) to hold and manage for the benefit of a third party (the beneficiary). Trusts can be customized to fit a variety of personal, financial, and family needs. Common Types of Trusts in New York -Revocable Living Trust: Allows the grantor to retain control of the trust and make changes during their lifetime. This type of trust avoids probate but does not protect assets from creditors. -Irrevocable Trust: Once established, it cannot be altered without the consent of the beneficiaries. It can provide asset protection and estate tax benefits. -Special Needs Trust: Created to provide for a loved one with disabilities without affecting their eligibility for government benefits. -Testamentary Trust: Created through a will and takes effect after the grantor’s death. Commonly used for minor children or dependents. Benefits of Creating a Trust -Avoids Probate – Assets held in a trust pass directly to beneficiaries, skipping the lengthy and public probate process. -Provides Privacy – Unlike a will, a trust does not become a matter of public record. -Offers Control – You can specify how and when beneficiaries receive their inheritance. -Reduces Taxes – Certain trusts can help minimize estate and gift taxes. -Protects Beneficiaries – Trusts can safeguard assets from creditors, divorce, or irresponsible spending. How an Attorney Can Help Creating a trust involves careful planning and legal knowledge. An experienced estate planning attorney in New York can help you: -Choose the right type of trust for your goals. -Draft the trust document to meet legal requirements. -Fund the trust properly by transferring assets into it. Trusts are not just for the wealthy—they’re a smart planning tool for anyone who wants to protect their assets and provide for their loved ones. If you're considering creating a trust, contact the Law Office Of Robert Howe today for a consultation and personalized guidance.

How an Attorney Can Help With Future Planning in New York Planning for the future isn't just about finances—it's about protecting your loved ones, your assets, and your peace of mind. In New York, working with an experienced attorney can help you create a comprehensive estate and life plan that ensures your wishes are honored and your affairs are in order, no matter what the future holds. 1. Drafting a Legally Sound Will A will outlines how your assets should be distributed after your passing. An attorney can: -Ensure your will meets all New York legal requirements. -Help you appoint guardians for minor children. -Reduce the risk of future disputes among heirs. 2. Creating a Trust Trusts can help manage your assets during your lifetime and after your death. An attorney can assist in: -Setting up revocable or irrevocable trusts. -Helping avoid probate for smoother asset transfer. -Providing for loved ones with special needs or unique circumstances. 3. Appointing a Power of Attorney A Power of Attorney allows someone you trust to manage your financial affairs if you're unable to do so. Your attorney ensures it: -Complies with New York law. -Reflects the scope of authority you’re comfortable with. 4. Establishing a Health Care Proxy and Living Will These documents allow you to appoint a trusted person to make medical decisions if you're incapacitated and express your wishes for end-of-life care. An attorney can: -Draft clear, enforceable directives. -Make sure your medical wishes are legally documented and honored. 5. Minimizing Taxes and Legal Complications Proper planning with an attorney can reduce estate taxes and help your family avoid unnecessary court proceedings, delays, or costs. Future planning is a gift to your family and yourself. It brings clarity, security, and control over how your affairs are handled. If you’re ready to take the next step in planning your future, contact the Law Office Of Robert Howe today to schedule a consultation. We’re here to help you build a plan that protects what matters most.

Why You Need a Home Title Search in New York Buying a home is one of the biggest investments most people make—and in New York, protecting that investment starts with a title search. A title search is a crucial step in the real estate transaction process that helps confirm the legal ownership of a property and ensures there are no hidden issues that could affect your purchase. What Is a Title Search? A title search is a review of public records related to a property’s history. It confirms that the seller has the legal right to transfer ownership and checks for any problems that might interfere with the sale or future use of the property. Why Is a Title Search So Important in New York? 1. Confirms Legal Ownership A title search verifies that the seller is the rightful owner of the property. Without this confirmation, a buyer could face serious legal issues or even lose the property after the sale. 2. Uncovers Liens and Judgments The search will reveal any liens, unpaid taxes, or court judgments attached to the property. These must be resolved before the property can legally transfer to the new owner. 3. Identifies Easements and Restrictions A title search will also uncover any easements, zoning violations, or deed restrictions that could impact your use of the property—such as a neighbor’s right to use a shared driveway or limitations on building additions. 4. Helps Secure Title Insurance A title search is required to issue title insurance, which protects buyers and lenders from financial loss due to undiscovered title defects or future claims. 5. Provides Peace of Mind Ultimately, a title search gives you confidence that your investment is protected and that there are no legal clouds hanging over your new home. A title search is not just a formality—it’s a key safeguard in any New York real estate transaction. Before you close on your next property, make sure you work with a real estate attorney who can coordinate a thorough title search and ensure a smooth, secure transfer of ownership. Contact the Law Office of Robert Howe today for guidance and protection throughout your home-buying journey.

Top 5 Reasons You Need a Real Estate Attorney in New York Buying or selling property in New York comes with legal complexities that require professional guidance. Unlike many other states, New York requires attorneys to be involved in real estate transactions. Whether you’re purchasing a home, selling an investment property, or refinancing a mortgage, a real estate attorney plays a crucial role in protecting your interests. 1. Contract Review & Negotiation Real estate contracts are legally binding, and any mistake or oversight could lead to financial loss. A real estate attorney: -Reviews the contract of sale for accuracy and fairness. -Negotiates contingencies, such as inspections, financing, and repairs. -Ensures compliance with New York real estate laws. 2. Title Search & Title Insurance Before closing, attorneys conduct a title search to verify legal ownership and uncover any potential issues, such as: -Liens or judgments against the property. -Unresolved boundary disputes. -Restrictions that could affect the property’s use. -An attorney ensures you receive clear title and helps arrange title insurance for protection against future claims. 3. Closing Process Representation Closing a real estate transaction in New York involves a complex series of legal and financial steps. An attorney: -Reviews and explains closing documents. -Ensures accurate transfer of funds and ownership. -Protects you from last-minute issues that could delay or jeopardize the deal. 4. Co-op and Condo Transactions New York has unique rules for co-op and condo sales, requiring additional legal oversight. An attorney helps by: -Reviewing offering plans, bylaws, and financial statements. -Navigating the co-op board approval process. -Ensuring compliance with building rules and regulations. 5. Protecting Your Interests & Avoiding Legal Pitfalls Real estate transactions involve significant investments, and even small mistakes can lead to costly legal disputes. A real estate attorney provides: -Legal protection against fraud, misrepresentation, and contract breaches. -Expert guidance on zoning laws, lease agreements, and financing. -Peace of mind that the transaction is handled professionally and correctly. Hiring a real estate attorney in New York is not just recommended—it’s essential to ensure a smooth and legally sound transaction. If you’re buying, selling, or refinancing property, contact Brooklyn Real Estate Attorney Robert Howe today for expert legal representation.

What is Surrogate’s Court in New York? In New York State, Surrogate’s Court is the legal body that handles matters related to estates, wills, and guardianships. If a person passes away, their estate may go through Surrogate’s Court to ensure that assets are distributed properly, debts are settled, and legal disputes are resolved. What Cases Does Surrogate’s Court Handle? Probate of Wills – When a person dies with a will, the court oversees the probate process, ensuring the will is valid and that assets are distributed according to the deceased’s wishes. Estate Administration – If someone dies without a will (intestate), the court appoints an administrator to distribute assets based on New York’s intestacy laws. Guardianship Matters – The court handles cases involving the appointment of guardians for minors or incapacitated individuals who need legal and financial protection. Trusts and Estate Disputes – If there is a dispute over a will, trust, or inheritance, Surrogate’s Court resolves the issue. Adoptions – In some cases, Surrogate’s Court also handles adoption proceedings, ensuring all legal requirements are met. Why is Surrogate’s Court Important? Surrogate’s Court ensures that estates are handled fairly and legally, preventing fraud and ensuring beneficiaries receive what they are entitled to. If you are dealing with probate, estate administration, or guardianship matters, consulting a qualified estate attorney can help you navigate the process efficiently. For assistance with estate planning, probate, or guardianship in New York, contact the Law Office Of Robert Howe today to discuss your legal needs.

The Role of an Attorney in Refinancing in New York Refinancing a mortgage in New York can be a smart financial move, whether you’re looking to secure a lower interest rate, reduce monthly payments, or tap into home equity. However, refinancing involves legal and financial complexities that require professional guidance. A real estate attorney plays a crucial role in ensuring a smooth and legally sound refinancing process. Key Responsibilities of a Real Estate Attorney in Refinancing 1. Reviewing Loan Documents An attorney carefully examines the new mortgage terms to ensure they are fair and legally binding. They: -Review the loan agreement, interest rates, and repayment terms. -Ensure compliance with New York real estate laws. -Identify any unfavorable clauses that could impact the borrower. 2. Title Search and Clearance Lenders require a title search to confirm there are no outstanding liens, judgments, or ownership disputes. The attorney: -Conducts or facilitates a title search. -Resolves any title defects that could delay refinancing. -Helps secure title insurance, if required. 3. Coordinating with Lenders and Third Parties Attorneys act as a liaison between the borrower, lender, title company, and other involved parties. They ensure: -Proper discharge of the old mortgage. -Timely and accurate submission of legal documents. -Resolution of any legal issues that arise during the process. 4. Closing Representation In New York, attorneys often oversee the refinance closing, ensuring: -The borrower understands the terms before signing. -All necessary legal documents, including the new mortgage and loan settlement statement, are executed correctly. -The funds are properly disbursed and recorded. Why You Need an Attorney for Refinancing in New York New York’s legal requirements make an attorney essential in refinancing transactions. Their expertise helps protect your rights, prevent costly errors, and ensure a seamless refinancing experience. If you’re considering refinancing your mortgage, contact the Law Office Of Robert Howe today for expert legal assistance. We’ll help you navigate the process and ensure your financial interests are safeguarded.