Archive for the ‘New York City Real Estate’ Category

Daniel Gershburg Esq., P.C. version 2.0

Monday, December 19th, 2011

For several weeks now, I thought about writing a Bankruptcy blog that dealt with holiday spending.  Specifically, the propensity of people to spend money they don’t have on their credit cards around this time of year and then be unable to pay for any of it in January.  But, realistically, been there done that.  Every Bankruptcy attorney in town does that and I think the advice isn’t necessarily earth shattering (stop spending money though, seriously). So, instead, before everyone goes off on vacation (like my associate), I wanted to take some time and discuss what I have planned for Daniel Gershburg, Esq., P.C. in the coming New Year.

A few months ago, we began to sit down and figure out what the direction of the Firm would be, moving forward, as we’ve grown since 2010.  And we began to realize a few things:

1. The area of Bankruptcy law is getting more crowded in New York City as more and more attorneys are coming into the practice and each website slowly begins to look almost identical to one another.

2. Many people were (are) coming to us and complaining about problems with receiving a loan modification even when their lender told them to stop making payments (thus ruining their credit). Now these same people face foreclosure in New York.

3. We like doing work for the most underprivileged in our New York City area but realized we could do more.

4. I like donating money to charity.

 

So, over the next year, here’s our plan:

While I’ve no doubt that you like reading the blog (except the emails I receive that say  ”I don’t like reading your blog.”) I overwhelmingly hear about how much you prefer our videos. So, we’re going to give you more of that.  In early 2012, we’ll roll out a video page that, I think, is unlike anything you’ve seen before on a law firm’s website.  As always, we’ll ensure that the videos are clear and understandable.  But we also realize there is not a “one size fits all” approach to either Bankruptcy or Real Estate, and so our videos will be more tailored to you.  Personalized.  They’ll answer questions directly.  Why?  Because there is so much out there on the internet, and the last thing you want is to research for hours and fail to find anything that address your particular situation.  In other words, I think we can do it in a different way that will be more easier, more direct, and more appealing for you.

Another issue we’ve identified is how many people across New York City have been victimized by their own lenders when it comes to loan modifications. I say victimized sincerely.  Client after client complains about listening to their own lenders advice on not making future payments, to their detriment.  We hope to change that.  In 2012, we’re going to substantially expand our presence in Foreclosure Defense in New York City.  It’s one thing if “Loan Mod USA “(fictional name) tricks someone into believing they can reduce their principal and payments.  It becomes quite another when the very bank that financed your home is telling you to take steps that hurt your credit score, and then foreclose on that home.  We hope to change that, and we believe we will. Look for a Gershburg Foreclosure Defense site in January 2012.

I’m perhaps most excited to address #3 and #4 above.  Ever since I established this practice five years ago, I believed it was imperative that I give back to the community in the form of Pro Bono work.  The reason?  I basically learned the practice of Bankruptcy through doing volunteer work at the Brooklyn Bar Association.  Each time I did a pro bono case I felt as if I was doing something good for the Brooklyn community.  Is it cliche and cheesy?  Maybe, but it was and continues to be, quite important for me.  Having said that, at the time of this blog, the Brooklyn Bar Association has 30 open Pro Bono Bankruptcy cases waiting to be filed.  I’ve called them and said that my firm would personally take on each one of them in 2012.  We hope to bring the open case load down to 0 by December of 2012.  Why?  Because it’s important for us and it’s the right thing to do.

This year, we’ve been able to donate money to the Wounded Warrior Project, an amazing organization that helps develop programs for  severely wounded  Vets come back home.  Also, in conjunction with the Street Academy for Financial Literacy and an absolutely amazing organization, Pencil.org, we’ve been able to bring Financial Literacy programs to a middle school in Brooklyn, and we are eager to expand this, with Pencil’s help, to several schools across Brooklyn in the coming year.  We’re teaching kids the value of a dollar and how to save it.  We’re teaching them about credit and debt and the relationship they have.  And we’re teaching kids good money habits that can transform their lives as they grow older.

In addition, the communities where our offices are located (one in TriBeCa and one in Sheepshead Bay) are incredibly important to me.  I’ve lived and worked in both areas and they are close to my heart.   In 2012, we ‘ve pledge to donate up to 10% of the profits of Daniel Gershburg, Esq., P.C. to various charities working in both areas (email us if you know of worthwhile charities in either community). Beyond that, we’re putting even more of an emphasis on doing volunteer work .  In fact, starting in 2012, our staff they will receive paid days off for doing volunteer work at the charity of their choice.

So, why am I telling you all of this?  First, because I think it’s time we did this.  I’m incredibly happy with our website, but it’s time we do something different…again.  I think that law firms and social media and tech are a great combination. In fact they’re so great that everyone is doing it. In fact so many people are doing it that you can’t tell the difference anymore.  Everyone is on Facebook and Twitter and LinkedIN and that’s fine. But this blog has never been here to scream “Look at us, we’re great!”; That’s unethical.  This blog and site were designed to serve a purpose, which was to make finding the information you need easier for you while you search at work.  We hope to do that with our new video page.  We hope to do that with our new Foreclosure Defense Page.  And, most importantly, we hope to do that by doing things you can’t possibly do online.  We hope to do our part in changing our communities.

I wish you the very best in this holiday season and the New Year.

-Daniel

 

The latest White House Plan to fix Housing falls ridiculously short

Tuesday, October 25th, 2011

In the latest of what seem to be increasingly ineffective solutions to stem the tide of foreclosures in this Country, the Obama Administration announced a new housing plan that could ultimately help an additional 1 million homeowners across the Country.  The plan would allow banks to refinance loans that are underwater.  In other words, Bob, who has a house that’s worth less than what he owes on the mortgage, now has the pleasure of possibly paying 4% on that loan instead of 6%.  With the extra savings (The White House says around $2500/year will be saved while other studies show the number to be closer to$300), Bob will no doubt support the economy.  Or he will buy stuff he couldn’t afford before….like food.

The first and most important step in stopping foreclosures across the Country is to deal with unemployment crisis.  Nothing else matters unless this changes (or Oprah says “You get a house for free and YOU get a house for free, and YOU…).  This sounds pretty simple, but for some reason, we can’t seem to grasp it.  My clients want to pay for their stuff.  They never come to me to file because they don’t want to pay for their stuff or they want to take advantage of the system.  To the contrary, they’ve likely paid idiotic debt collectors for years (at exorbitant interest rates) because they feel they have a responsibility to try and pay their debts.  The problem isn’t that their mortgage interest rate is too high.  That’s just absurd.  The problem is that many of them are now unemployed or underemployed.  We’re not at 9.1% in this Country.  Thats a mytth.  When you count the number of unemployed and “underemployed people” I would guess we’re likely closer to 17-20%.  You don’t fix housing until you fix that.  You can’t bring the interest rate of a mortgage down by 1% and expect it to change anything at all.  These people need decent paying jobs.  They need money.  Not disposable cash.  But a consistent paycheck, so that they can pay their mortgages.  If you ask someone if they want to pay $2400 for their home or $2516, they’ll obviously pick the former.  But if you ask them if they want to pay $2516 but also have a job that pays them, I’m pretty sure they could care less about the $100 difference.  You cannot put bandaids on someone’s arm when they’re internally bleeding.  You’re wasting time (and band-aids).

To effectively deal with the Housing Crisis, we also have to take definitive steps at addressing our emotions and move forward.  What we’re doing now is a little Waltz.  Dancing around the issue.  Sprinkle some mortgage relief here, maybe some there, and that’s it.  And everything still stays the same.  As I mentioned, we have two camps; they have to make peace or learn to move on.  Unless the guys in the room who think that the people who paid for homes they couldn’t afford deserve relief, we’ll get nowhere.  I understand the mentality.  I get it.  I think it’s much more complicated, but I get it.  But we need someone to reach across and say “Yes, a lot of people messed up and got caught up in the craze, but we need to move beyond this, otherwise nothing gets better.”  Half the Country bought into the notion that Real Estate prices will always go up.  But this Housing crisis has played a tremendous role in the surge of Bankruptcies, and the inability of a family to right their lives.  If you’re stuck paying for a home you can’t afford, you have two choices.  You keep paying and hope you’ll find more money (horrible idea) or you walk away and threaten the property values of your neighbors (horrible idea).  We just have to say “bad idea” and move on and forgive a ton of mortgage principle and fix this thing.  Otherwise we’re going to be pointing fingers at each other while we watch property values continue to drop or stay stagnant.

Unless this Administration, or Congress, or even the private sector, figures out a way to refinance these homes and reduce the principal owed on them, nothing changes.  These interest rate reductions will help close to no one.  It’s a joke.  If we want to effectively deal with the problem, then let’s deal with it.  But if you’re going to tell me that reducing already historically low interest rates for people who barely make enough to keep the lights on, will do anything long term, then I have something to sell you.

The Absurdity of the Co-Op Closing in New York City

Friday, May 20th, 2011

Hows your life going?  Pretty well?  Not a lot of stress at work or home?  Want some.  BUY A CO-OP!  Seriously, buy one.  It’ll “keep things interesting” in your life.  Keep you on your toes.

Let me just say that many times co-op boards are wonderful and have great people on them who are more than willing to take a fair look at your application and give you a quick decision and turnaround time to close.  Im not referring to these people.  All 3 of them in New York.  Rather, I’m referring to my last few closings where we have represented an eager purchaser who wanted to purchase a co-op in New York City.

Ill give you some context first, in terms of what happens when you purchase a co-op.  The abridged version:  Sellers send Contract to Purchasers.  Purchasers review, make changes, send back to Sellers.  Sellers shrug and agree to changes and sign (or don’t and then the attorneys go “cmon” for a while until everyone agrees).  We’re in Contract.  Mazel Tov.  Next up is ordering the Lien Search for the Purchasers attorney.  I can explain that to you, but you’d likely pass out on your keyboard and your boss would find you asleep.  And then you would hate me.  Heres the really important part though.  A purchaser applies for a mortgage gets something called a mortgage commitment.  That in essence means that unless you lose your job, or go to Vegas and gamble your savings away, chances are your bank is going to give you a mortgage in the amount you applied for.

Now that you have your mortgage commitment, you put together (and sometimes this happens prior) a Board Application package for the Co-Op Board.  This package can contain references, employment history, bank statements, credit reports.  Basically anything and everything as each co-op requires something different.

Now heres the kicker.  Here’s why I’m not a huge fan of many Co-Ops.  YOU WAIT.  You have to wait until the Board decides to meet to interview you.  How long does that take?  Dont know.  Literally.  No idea.  Could be 2 weeks, could be 2 months, could be 3.  Seller wants to move out?  Makes no difference.  Your bank is calling you to let you know the interest rate you locked in when you applied for your mortgage is about to expire?  Makes no difference.  The date listed in the Contract to close is coming up?  Who carrresssss.  There is literally almost nothing you can do push the Board to meet.  Why?  Because the Co-Op is a corporation.  Which means, in legal terms, that judges will almost never interfere in their decisions (its called the Business Judgment Rule).  And that means that the attorneys hands are, for all intents and purposes, tied.  As marvelous as some people think their attorneys are, there is really very little we can do.  Because if we push the Board too hard, there is always a chance they may simply deny the application.  It’s like a big Tree House club.  Literally.  Don’t mess with the Tree House rules or else you wont get into the Tree House.  Yes, I just said that.

In any case, the whole point is that your fate is decided by people who will meet whenever they see fit, behind closed doors, and will let you know their decision whenever they see fit.  I get the fact that co-ops cost less than condos or homes, for the most part, but the process is still entirely too difficult.  It is VITAL that your Real Estate broker keeps in constant and cordial contact with the management company for the co-op board.  It’s also vital that the Purchasers attorney speaks with your bank regularly to let them know if there are any updates.  You should be doing this also.  It’s a headache, but it can proactively deal with many things that can go wrong in a closing.

My general advice is that you expect to wait when you buy a co-op.  In other words, it doesn’t matter if that Contract you signed says you’ll close  by May 25th.  If the Board hasnt met yet, you’re not closing.  End of story.  And again, this isnt to say that all co-ops are bad.  Some are great and have some great people that love their building and they are super quick to decide if you’re going to be a new member of the Tree House.  But then there are the others….

So my GENERAL advice to you is to make sure you find out all the available information on a co-op before you decide to purchase there.  How?  Sites like www.streeteasy.com, www.trulia.com, or www.brownstoner.com may have some insights for you.  In addition, make sure you plan ahead, based on your date of closing. Work with your bank so they know that you may need extensions on rate locks, etc.   In other words…be ready to wait.

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