Monthly Archives: April 2015

What is the Purpose of Title Review?

Your understanding of how a closing works in a New York real estate transaction is important for your own knowledge but also for ensuring that your transaction falls in line with applicable laws. A closing attorney, who may also serve the purposes of title review, can be essential for reviewing your documents in order to verify that they reflect the transaction at hand.

The closing attorney plays an important role in the process by exploring the title related to the property. This attorney looks at real estate taxes and any other municipal charges linked to the property, and he or she will also be responsible for ordering and reviewing insurance binders and analyzing mortgage payoffs. The title on a property is researched going back over the course of many years, and the title review attorney in New York is looking at this document to ensure there are no defects with the title. If there are any problems that emerge related to the title, the attorney works with the involved parties to rectify these issues.

Title review serves a very important purpose for ensuring that the process happens legally and that both the buyer and the seller have been protected with a thorough analysis of all title-related concerns. Flagging these issues early could help prevent a sale that would have led to legal disputes down the line. As this brief article illustrates, title review is extremely important and not something that should be overlooked. The complicated nature of conducting this research warrants the use of an experienced real estate attorney.

What Is a Charitable Remainder Trust?

There are many different estate planning tools that you might use to accomplish your goals both during your life happy pass away, and investigating all of your options is the only way to decide which strategies are the most appropriate for you.

The charitable remainder trust tends to work well for those individuals who recognize the tax benefits offered by this vehicle, possess highly appreciated assets, want to give back to charity, and want to achieve some kind of income stream off of the assets that they possess. A charitable remainder trust is irrevocable, meaning that the terms of the trust cannot be altered once the trust is active. This is why it is important to hire a New York trust and estate planning attorney to help craft the documents related to a charitable remainder trust.

The assets and property belonging to an individual are transferred into a charitable remainder trusts, and the charity maintains the administration role within the trust. The assets are managed or invested by the charity. That charity then pays you or your beneficiary a portion of the income generated by the trust either for a certain period or for the remainder of your life. At the end of this period or at the end of your life, charity whatever remains of the trust principal.

By establishing this kind of trust, you are able to avoid capital gains tax on the donated assets. You may also be eligible to declare an income tax deduction based on the fair market value of the remainder interest inside the trust.

Who Are the Essential Parties Involved in a CEMA Transaction?

There are several different parties that may be involved in your New York CEMA transaction. This type of transaction involves the assignment of a seller’s mortgage to a purchaser through the sale transaction. When the existing mortgage is assigned to the new borrower during the closing, it will be amended to reflect the terms of the new mortgage.

There are many different situations where a CEMA can be utilized. It can be used in any purchase sale transaction outside of co-ops. The transaction must include an outstanding mortgage and a situation where the purchaser is borrowing money to finance the purchase. The seller’s lender has to be willing to assign the current mortgage and the purchaser’s lender also has to be willing to take the mortgage in assignment.

The critical parties involved in a CEMA transaction include the new lender, the current lender, and the attorneys for both the purchaser and the seller. It is important that both the seller and the purchaser involved in the transaction have legal representation present in order to ensure that everyone is clear on their responsibilities and rights. Coordinating the assignment regarding the existing mortgage with amendments reflect the terms of the new buyers commitment requires an experienced attorney. The lawyers present for both the seller and the purchaser are critical for coordinating the assignment.

How Can a Settlement Services Attorney Help Me at the Closing of a House Purchase?

The buying or selling of the house can be a very exciting process, but it is important to be informed about your rights and responsibilities of each stage of the process. One of the most important stages of a home purchase process is known as the closing, and it’s a wise idea to have a settlement services attorney present to help you. Your home purchase is likely to be one of the most important purchases of your entire life, but also has to do with complicated real estate law. Only a real estate lawyer can understand the complexities of what happens during the closing.

The closing itself is the most important stage of the purchase and sale transaction. Closing papers such as the deed must be prepared for this special event. During the closing, the title officially passes from the seller over to the buyer. The buyer will at this time pay the remainder of the purchase price. In many cases, the balance is paid partly from the proceeds of the mortgage loan. An attorney can be extremely helpful for explaining the various concepts indicated within the closing paperwork. For example, a closing statement would explain the credits and the debits to both the buyer and seller.

A settlement services attorney can be important for explaining these concepts and how they impact both parties in the purchase and for answering questions during the closing process itself. The process of buying a home is already nerve-racking and possibly even a little overwhelming, but having a settlement services attorney at your side can alleviate these fears.