Best Real Estate Attorneys in Staten Island

FAQs

• What is the non-emergency contact number for the local police station in Staten Island, New York?

  For non-emergency concerns in Staten Island, dial 311 to reach the New York City Police Department.

• Where can I get a copy of police reports for incidents related to my case in Staten Island, New York?

  To request an incident or criminal report copy, mail a completed Verification of an Incident form to the NYPD/Criminal Records Unit located at 375 Pearl St., Suite 4, 16th Floor, New York, NY 10038. You can get the form from a police precinct near you or as a download from the NYPD official website. For assistance, call the Criminal Records Unit at (718) 610-8457. Request Form: https://www.nyc.gov/site/nypd/services/law-enforcement/record-requests.page

• Why do you have to get your new deed recorded in Staten Island?

  After purchasing a property and receiving the deed, you must get the deed recorded to demonstrate your ownership of the property and update the tracking of the property's ownership changes. New deeds should be recorded with the County Clerk serving the area where the property is located. You may find the County Clerk for Staten Island at 130 Stuyvesant Place, 2nd Floor, Staten Island, NY 10301.

• Can a real estate attorney help if you think the property tax on your Staten Island house is too high?

  Yes. After conducting a review of your property's tax records, your real estate lawyer can recommend tax reduction methods and available tax exemptions you can apply. Additionally, the lawyer can file a real estate tax contest on your behalf. Go to the New York City Department of Finance to learn about your Staten Island property's tax class and dues. The department is a resource for property information, such as market value, tax bills, and tax exemptions.

• What is considered real estate fraud in Staten Island?

  Real estate fraud in Staten Island is when the buyer is given misleading information used to gain money from the buyer. Some examples are:

  • Mortgage fraud: Misleading information resulting in bogus mortgage transactions
  • Value fraud: Incorrect property valuation
  • Title fraud: Fake titles and deeds
  • Foreclosure fraud: Foreclosure caused by false pretenses
  • Syndicator fraud: Getting people to invest in a fraudulent real estate venture

• Are home sellers in Staten Island required to provide a Property Condition Disclosure Statement (PCDS)?

  Yes. According to New York Laws 5339-A or the Property Condition Disclosure Act, sellers of one- and two-family residential properties must provide a PCDS to the buyer before the purchase contract execution in Staten Island. The statement lists the home’s issues and defects. The seller can choose not to provide a PCDS but will have to give the buyer a property condition disclosure credit of $500.

• Who pays for the mortgage if the homeowner passes away in Staten Island?

  The inheritor of the real estate property will assume the mortgage. The inheritor can have the mortgage modified or refinanced to suit their financial situation. Some inheritors choose to give up the property by declining the inheritance, selling off the property, or allowing the lender to foreclose it. Consult with a real estate attorney in Staten Island who can help you evaluate the liabilities and benefits of the inheritance and make an informed decision.

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easements. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circumstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.