The Green Law Group, PLLC

Helping Good People Through Tough Times

HOME

AREAS OF PRACTICE

Bankruptcy

IRS Negotiation

Real Estate

Short Sales

Mortgage Closings

Business & Corporate Law

Trusts & Estates

Free Case Evaluation

Testimonials & Results

Forms

Initial Checklist

Bankruptcy Intake

Bankruptcy Information

Chapter 7 - Liquidation

Chapter 13 - Repayment

Chapter 11 Reorganization

Dischargeable Debt

341 Meeting of Creditors

Obtaining Credit Report

527(a) Notice

527(b) Notice

Homebuyer Tax Credit FAQs

Home Buyer Tips

Home Seller Tips

Firm Overview

Sample Bank Clients

CONTACT US

DIRECTIONS

LINKS

Site Map

Terms of Use

Privacy Policy

Statement Client's Rights

Client's Responsibilities

 

Representing Buyers and Sellers for over 20 years

Buyers Tips ...

These are the steps to follow in a successful New York home purchase:

Determine affordability - A home is the largest single investment you have probably ever made. The first question has to be "Can you afford the home you've chosen?". Hopefully you've reviewed this before making an offer but if you haven't this would be the time to take a hard look at the numbers and to make sure they still make sense to you. At closing you will have to pay the price for the home and closing costs. Usually the bulk of the purchase price is paid with a mortgage loan. Your monthly mortgage payment will generally cover principal and interest on you mortgage loan, real estate taxes and property insurance (not always). Afterward, you will need to budget for that payment, maintenance, utility bills, and repairs. Remember there are tax advantages to home ownership that you need to consider as well. To avoid surprises, examine the seller's bills to get an idea of the monthly expenses for the home. Also check the age and condition of appliances, plumbing, roof, structures and wiring since they might need repair after your purchase.
 

Make your offer - You've made your bid. You now must wait until you are notified that the seller has accepted it. Once they have you may be asked to sign a "Binder" and to put down a token amount of money ($100 is common). If you are don't worry, binders aren't binding in New York unless they contain all of the essential elements of the transaction. They are usually not prepared that way but are prepared just to outline the basic agreement and to reassure both buyer and seller (and maybe the broker) that there is really a deal. If you are in doubt, mark the binder "SUBJECT TO ATTORNEY APPROVAL" and see your attorney within some reasonable period thereafter.

Hire your attorney - At this point you are going to have many questions and you will be called upon to do a number of things in a very short period of time. Since most attorneys charge a flat fee for their services, hiring an attorney early in the transaction will allow you to have a resource available to help you separate what you must do from what others want you to do  

 

Home Buying Tips - Choosing your attorney

How long has the attorney been in practice?

How many transactions have they handled?

Do real estate transaction make up a large part of their practice? 

How long have they been practicing in this field? 

If you would like an initial consultation will the attorney agree to meet with you? If so, will they charge for it? How much? 

Will you be charged a flat fee or will you be charged on an hourly basis. Hourly billing for residential real estate transactions is unusual and, potentially, extremely costly 

Given the nature of your transaction, does the attorney believe that he is familiar with the resolution of any anticipated problems? 


Recommendations from real estate brokers and salespersons, mortgage brokers and bankers and others working full time in the field will generally yield the names of experienced attorneys 
 
 

DETERMINE THE CONDITION OF THE PROPERTY - It is important to check the condition of the real estate before you sign the contract. If you choose, you may have the premises inspected in advance by a professional or a knowledgeable friend before you are legally bound to buy it. The cost of repairs (or the performance of the repairs themselves) may be addressed in your purchase contract if the seller agrees. Because, as a general rule you accept the condition of the property when you sign the contract (subject to a final inspection before the closing), it is best not rely on the Sellers' representations about the condition of the house.

Home Buying Tips - Your engineer

You’ve found the house, you've selected an attorney and now yet another professional is needed to help you make the right decision, an engineer. The engineer is going to help you decide if you’re really going to buy the house you’ve found. A good engineer will review all the major systems in the house (plumbing, heating/cooling and electrical, etc.) and will thoroughly inspect the structure itself. He’ll see things you wouldn’t even know to look for!

Choose your engineer carefully -  Ask your friends, co-workers and family for recommendations of an engineer they have used and been happy with.

Go with the engineer - You must walk through with them. See what the engineer may be concerned about. Don’t wait for a report and then try to figure out what he means

Take notes - You’ll never remember everything you’ll want to review afterwards.                                          

Special inspections - You may have unique features at the home you've chosen (swimming pool, septic system, central air conditioning, etc.) that are better inspected by  specialized inspectors from that field. Ask the engineer for recommendations

Ask Questions - While you are walking through the house with your engineer he’ll answer anything. That’s the time to ask

 

SIGN YOUR CONTRACT - OK, the moment of truth is at hand. You will meet with your attorney and review the contract, generally prepared by Sellers' attorney. Any promises made by seller or broker must be put into the contract. Your attorney will make sure you are protected legally and you will help him identify terms that are unique to your purchase that he will make sure are made a part of the contract. You'll sign and send the contract back with your down payment check (generally 10% of the purchase price, but frequently less). If you make changes there may be more negotiations before the seller signs. 

MAKE APPLICATION FOR YOUR MORTGAGE LOAN - Hopefully you've been shopping around and you know where you want to apply. Although in many cases you will have applied prior to contact, if you haven't you generally should submit the application no later than a week after the contract is fully signed. 

COMPLY WITH LENDER REQUESTS FOR INFORMATION - It is important that you provide any information or documents requested by your mortgage lender as quickly as possible. This will reduce the time required to approve your loan.

OBTAIN AND REVIEW YOUR MORTGAGE COMMITMENT - Careful. Sometimes the commitment isn't exactly the loan you applied for. Check the interest rate, points, origination fee, fixed rate or adjustable and the amount of the loan. Make sure it's what you expected and if it isn't notify the bank and your attorney immediately. Send a copy of the commitment to your lawyer.

PURCHASE HOME OWNERS' INSURANCE: You will probably be required to bring a homeowners' insurance policy to closing proving you have insurance as required by your lender (check the commitment for requirements). You will also need a receipt showing that you have paid the premium for one year. There may be other requirements too, so ask your insurance agent to call the lender well before the closing to be certain that the policy is correct.

UTILITIES AND TELEPHONE - As soon as a closing date is set, you should notify the telephone company about the change in your service, and to notify all utilities of the closing date. These include electricity, gas, water and sewer and cable TV, If your new house uses fuel oil, shop carefully for a provider before the closing. disposal.

FINAL INSPECTION - After a closing date has been set, call your Realtor to arrange for a final inspection of the property. The home should be in the same condition it was in on the date of the contract, with the exception of ordinary wear and tear, unless your contract specifically provides otherwise. Usually you'll also be checking to make sure plumbing, heating, electr9ical systems and appliances are in working order and the roof is free from leaks. 

REVIEW LENDER REQUIREMENTS AT CLOSING
- Review your mortgage commitment letter and check with your mortgage lender before closing. Lenders sometimes ask that you bring last-minute documentation with you.

GET CLOSING FIGURES
- Exact closing figures are usually not available until the business day before the closing. Once they become available, your attorney will calculate the amount you will need for closing and call you with that information. Please let your attorney know how to reach you the day before closing.

BRING PROPER FUNDS FOR PAYMENT AT CLOSING - Payment to the seller must be made by Certified or Cashier's check . Consult your attorney for details. You must bring your checkbook also, there are usually a number of small expenses (tax and fuel adjustments, title charges, attorney fees, etc.) to be paid at closing.
 


Representing Buyers and Sellers for over 20 years

First Time Home Buyers Tips ...


Your first purchase can be a little scary, but with preparation you should be able to avoid all of the things you fear

Despite what a well-intentioned realtor might tell you, an offer to purchase real estate (a 'Binder') may constitute a contract. Either buyer or seller may be held to the agreement if care is not taken to include simple language that will make it clear that the document is not intended to be the final agreement between the parties but merely an outline of the general terms of the contemplated transaction. Please be sure to understand the consequences of what you're signing. The sooner you obtain competent legal counsel the less likely costly mistakes will occur.

No matter what you think or what anyone tells you, a professional home inspection is critical. The idea that anyone would invest hundreds of thousands of dollars without spending $450-$600 on a professional home inspection is ridiculous. Also, beware of who is recommending the home inspector. Does that person want the house or condominium inspected thoroughly or are they simply interested in the sale taking place?

There are certain questions you should be asking prior to taking the plunge. I won't cover simple ones like 'Can I afford the house?" or "Should I rent or buy?" as I believe you can figure those out for yourself. There are some things that may not come to mind instinctively so we thought we'd present them here. While for everyone these questions may differ, some good starting points are :

1) Why is the seller selling the house? Are they trading up? Downsizing? Relocating? These are all good reasons for them to be selling their home. If you can't get a straight answer, investigate further. Does the house have a problem you need to know about. Are the neighbors or neighborhood causing the seller to leave? The answer to this question gets you both bargaining information and, possibly, some insight into the property you're thinking about buying that you might otherwise not have. 

2) How are the public schools in the area? This information benefits you in a number of ways. First, if you have or plan to have children attending these schools the quality of the system could have an impact on their entire lives. Next, one component in the selling price of a house is the quality of the local school system. Knowing how good (or bad) it is may help determine if the asking price is a fair one and may assure a strong resale value when you sell.

3) What are my neighbors/neighborhood like? The house could be great but next to the wrong person or in the wrong area the same house could easily turn into a nightmare. Drive around the neighborhood both day and night. Drive around on weekday and weekend. Check with the local police precinct if there is any excessive police attention given to the area you are considering.

4) How far away and how good is public transportation? On Long Island everyone seems to have a car but in reality it may be necessary or just easier to take a bus or train to get to or from work, school, etc. Make sure you know where it is, where it goes and how frequently it runs.

5) Does the garbage get picked up (and do I pay privately for this service) or must we take it somewhere? - While this may sound like a silly question  but so locations do not have public trash collection and there is resulting expense and/or inconvenience that you may need to consider.

Unique Questions for Co-op and/or Condominium purchasers

1) What problems exist? Take a look at the minutes of the condo association/board of directors meetings to see what the owners have been griping about. If everyone was complaining about the faulty plumbing, security or the gardener's absence, you know that the complex is having difficulties. Even if there aren't any complaints, reading the minutes will reveal the sorts of projects that are under way at the complex -- projects the seller may have neglected to mention or contemplated increases in due or carrying charges or maintenance which you will pay but which may not, legally, have to be disclosed..

2) Does Everyone Pay? Find out the delinquency rates of present owners. If people aren't paying their dues/carrying charges on time, that is either a sign of discontent or an indication that the association might be poorly managed for allowing non-paying individuals to remain..

3) Is the contingency fund enough for contingencies? Ask if the building has done a reserve-fund review in the past five years. Residents who brag that they don't pay much in maintenance may be in a complex that either is not being kept up well or is living beyond its means. Special assessments for un-planned for maintenance or improvements can really raise your monthly payment until the assessment has been fully paid

4) What if I want to Rent the unit?  There should be clear rental policies, either listed in the bylaws or added by amendment. Keep one thing in mind, though: an association can change its bylaws to prohibit or restrict renting at any time. Once you get past 50% renters some banks will no longer lend to new buyers, so too liberal a policy may not be good for you either.

5) Who manages the property? Watch out for a coop/condo whose owners manage the place themselves (there will always be a board made up of owners in place). Although many are operated efficiently, self-management can lead to more hassles for owners, personalities and not effective policies may creep in. If the complex is professionally managed, check out the management company as thoroughly as you check out the association. Ask other owners. Be sure to interview the day-to-day manager directly. Find out if the building has any 'pet peeves' which may pose a problem for you.


The Green Law Group, PLLC

329 Hempstead Turnpike
W. Hempstead, NY 11552
Tel:  (800) 284-0144
Fax:  (631) 824-9384
Info@Bankattorney.us
We are a debt relief agency serving individuals and businesses located in New York’s Kings (Brooklyn), Queens, Staten Island, Bronx, Westchester, Nassau and Suffolk Counties (Long Island). We assist people and businesses to file for relief under the Bankruptcy Code.