What Is a Deed in New York? A deed is a legal document that transfers ownership of real property from one person or entity to another. In New York, a deed is an essential part of any real estate transaction , serving as the official record that someone has the legal right to own and use a property. Key Functions of a Deed A deed in New York: -Identifies the grantor (seller) and grantee (buyer) -Describes the property being transferred -States the type of ownership interest being conveyed -Must be signed, notarized, and recorded with the County Clerk or Register’s Office to be legally effective Common Types of Deeds in New York 1) Warranty Deed -Offers the highest level of protection to the buyer -The seller guarantees they have clear title and will defend against any future claims 2) Bargain and Sale Deed with Covenants -Commonly used in New York -The seller guarantees they have not done anything to encumber the title but doesn’t provide full warranty 3) Quitclaim Deed -Transfers whatever interest the seller has, with no guarantees -Often used between family members or to clear up title issues Why Deeds Matter A properly executed deed ensures: -Clear ownership rights -Legal protection in case of disputes -Accurate public records for future reference -Failure to properly prepare or record a deed can result in title issues, legal complications, or even the loss of property rights. Do You Need an Attorney? In New York, it’s strongly recommended—and often expected—that a real estate attorney prepare and review the deed as part of a property transaction. An attorney will ensure the deed complies with state law, is properly recorded, and that your ownership rights are fully protected. A deed is more than just a piece of paper—it’s your legal proof of property ownership. If you’re buying, selling, or transferring real estate in New York, contact the Law Office Of Robert Howe today for professional legal assistance to ensure your deed is properly drafted, executed, and recorded.

How Family Court Works in New York Family Court in New York plays a vital role in resolving legal matters involving families and children. Whether you're dealing with custody, child support, or domestic violence, understanding how Family Court works can help you better navigate the process. What Types of Cases Does Family Court Handle? New York Family Court hears a wide range of cases, including: -Child custody and visitation -Child and spousal support -Paternity -Juvenile delinquency -Abuse and neglect -Orders of protection (in cases of domestic violence) -Adoption and guardianship Unlike criminal or civil court, Family Court focuses on non-criminal family matters and emphasizes the best interests of the child. Who Can File a Case in Family Court? Parents, legal guardians, spouses, and in some cases even children or other relatives, can file petitions in Family Court. You don’t need an attorney to file a case, but having legal representation is highly recommended—especially in complex or contested matters. How the Process Works Filing a Petition -The process begins when one party files a petition stating the issue (e.g., custody, support, or protection). Court Hearings -After the petition is filed, the court schedules a hearing where both sides can present evidence and testimony. -In some cases, the court may appoint law guardians (attorneys for children), social workers, or other professionals. Mediation or Settlement -Some cases may be referred to mediation to resolve disputes outside of the courtroom. Court Orders and Decisions -After hearing both sides, the judge may issue temporary or permanent orders related to custody, support, or protection. Do You Need an Attorney? While you are allowed to represent yourself in Family Court, having an experienced family law attorney can make a significant difference—especially when legal rights, parental responsibilities, or a child’s well-being is at stake. Family Court in New York is designed to address sensitive and impactful legal matters affecting families. Whether you're seeking custody, child support, or legal protection, understanding the court process and having professional guidance can help you move forward with confidence. Contact the Law Office Of Robert Howe today if you need experienced legal representation in Family Court. We’re here to protect your rights and help you navigate every step of the process.

How an Attorney Represents You in a Mortgage Refinance in New York Refinancing your mortgage can be a smart financial move—whether you're lowering your interest rate, adjusting loan terms, or tapping into your home’s equity. But in New York, refinancing involves more than just dealing with your lender. A real estate attorney plays a key role in protecting your interests and making sure the refinance process is handled smoothly and legally. Here’s how an attorney represents and protects you during a refinance in New York: 1. Reviewing the Loan Terms and Documents Before you sign anything, your attorney will carefully review the refinance loan agreement, including: -Interest rate and repayment terms -Closing costs and fees -Prepayment penalties -Escrow and tax arrangements Your attorney makes sure you fully understand what you’re agreeing to and that the terms are fair and in your best interest. 2. Conducting a Title Search and Clearing Title Lenders require confirmation that the title to your property is clear before approving a refinance. Your attorney will: -Order a title search to ensure there are no outstanding liens, judgments, or ownership issues -Help resolve any title problems that could delay or jeopardize the refinance -Work with the title company to provide necessary title insurance for the lender 3. Coordinating the Payoff of the Old Loan Your attorney will: -Obtain a payoff letter from your current lender -Ensure that the old mortgage is paid off in full and discharged properly -Make sure the new loan is recorded and that ownership remains clear This step is crucial to avoid having multiple mortgages or incorrect liens on your property. 4. Representing You at the Closing Refinancing in New York requires a formal closing, often similar to a purchase or sale. Your attorney will: -Attend or conduct the closing -Review and explain all documents before you sign -Ensure the funds are disbursed correctly -Confirm that the new mortgage is recorded with the county clerk 5. Ensuring Compliance and Accuracy Mistakes in the refinance process can cost you time and money. Your attorney ensures: -All documents are legally compliant and properly executed -No hidden charges or unfavorable terms slip through -Your legal rights are protected from start to finish While refinancing may seem straightforward, the legal and financial implications are significant. Having an experienced real estate attorney by your side in New York ensures that your refinance is done correctly, efficiently, and with your best interests at heart. If you're considering refinancing your home, contact the Law Office Of Robert Howe today to learn how we can protect you and streamline the process from start to finish.

What is a Power of Attorney in New York? A Power of Attorney (POA) is a legal document that allows you to appoint someone you trust—called your agent or attorney-in-fact—to act on your behalf in financial, legal, or other personal matters. In New York, a properly executed POA is a powerful tool for managing your affairs, especially if you become ill, incapacitated, or simply need assistance with day-to-day financial tasks. Types of Power of Attorney in New York Durable Power of Attorney Remains in effect even if you become mentally incapacitated. Commonly used for long-term financial and estate planning. Non-Durable Power of Attorney Only effective while you are mentally competent. Often used for limited, short-term needs. Springing Power of Attorney (less common in NY after 2021 law changes) Becomes effective only upon a specified event, such as incapacity. What Can an Agent Do With a POA? Depending on how the document is written, your agent may be authorized to: -Pay bills and manage bank accounts -Buy or sell real estate -Handle investments or insurance policies -Deal with tax matters -Access safe deposit boxes -You can grant broad powers or limit your agent’s authority to specific tasks. Legal Requirements in New York As of the 2021 updates to New York’s POA law, the document must: -Be signed by the principal (you), acknowledged before a notary public, and witnessed by two people -Include statutory language to be valid under state law -Be clear about the powers being granted and any limitations -Your agent must also sign an acknowledgment form accepting their role. Why a POA is Important A Power of Attorney provides peace of mind. Without one, your family may need to go through a lengthy court process to be appointed as your guardian if you become incapacitated. A POA ensures your affairs can be managed smoothly, according to your wishes. Creating a Power of Attorney is a critical step in your estate and financial planning . To ensure your document complies with New York law and truly protects your interests, it’s best to work with an experienced attorney . Contact the Law Office Of Robert Howe today to learn more about setting up a Power of Attorney tailored to your needs.

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 Buying a Home in New York Buying a home in New York is an exciting milestone, but it's also a significant financial and legal undertaking. From navigating competitive markets to understanding local laws, being prepared is key. Here are five important things to consider before buying a home in New York. 1. Get Pre-Approved for a Mortgage Before you begin house hunting, it’s wise to get pre-approved for a mortgage. This not only clarifies your budget, but also shows sellers you're a serious and qualified buyer—especially important in New York’s competitive real estate market. 2. Choose the Right Property Type New York offers a variety of property types, each with its own pros, cons, and legal requirements: -Co-ops are common in NYC and involve purchasing shares in a corporation, subject to board approval and rules. -Condos provide more ownership flexibility but often come with higher prices and monthly fees. -Single-family homes offer privacy and independence, but come with full responsibility for maintenance and taxes. Make sure the property type fits your lifestyle and long-term goals. 3. Hire an Experienced Real Estate Attorney In New York, real estate transactions require attorney representation. A real estate attorney will: -Review and negotiate the contract of sale -Conduct a title search -Ensure all legal documents are in order -Represent you at closing Having the right legal guidance protects your investment and helps you avoid costly mistakes. 4. Understand All Costs Involved The purchase price is just the beginning. You’ll also need to budget for: -Closing costs (including taxes, title insurance, and lender fees) -Property taxes -Monthly maintenance or common charges (for condos and co-ops) -Homeowners insurance Understanding the full financial picture will help you buy within your means. 5. Don’t Skip the Home Inspection A professional home inspection is essential—even in newer buildings. Inspections can uncover structural issues, electrical problems, roof damage, and other concerns that might not be immediately visible. The findings can help you renegotiate the deal or avoid a costly mistake. Buying a home in New York is both an exciting and complex process. With the right preparation and professional support, you can make a smart investment that meets your needs and protects your future. If you’re ready to begin your home-buying journey, contact the Law Office Of Robert Howe today for experienced legal guidance every step of the way.

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.