Archive for the ‘New York City Real Estate’ Category

New York City Real Estate Attorney Daniel Gershburg discusses Mortgage Pre-Approvals

Thursday, February 25th, 2010

I constantly here this in my law office: “Im good to get the house because I got a Pre-Approval”.  Congratulations.  That means two things.  1.  The bank has verified you are a human being who is currently alive and 2. You have absolutely no clue as to whether or not you’ll get a loan.

Think Im crazy?  I am.  But ask any people you know who purchased a condo/co-op or a home in New York City in the past year what the process was like.  They will tell you it was pure unadulterated hell.  Banks have no clue what they’re doing anymore.  Absolutely none.  And because of that, what you thought would be a smooth loan process has turned into a loan nightmare.  Therefore, here are some friendly tips from your Manhattan Real Estate Attorney:

1.  Everything on time, all the time, with confirmations of receipt.  If youre dealing directly with a bank, you may be speaking to Jim in Omaha on Monday, and Tyle in Akron on Tuesday.  You want to get a point person whenever possible, because you can verify all the documents the bank asked to be sent, were in fact sent in received.  Absent that, I would ask to always deal with supervisors, as they seem more helpful on most occassions.

2.  Do not believe anything they tell you.  Im serious.  The loan process is fairly simple, but they keep saying nonsense that confuses both client and attorney.  They’ll say “We need your lawyer to close by March 9th” but they wont assign a bank attorney who is required to be present at the closing and to actually clear the file to close.  Once you get any response from them, call your lawyer and tell he/she what the bank said.  I don’t care if they get annoyed, they shouldn’t.  It can delay your closing and your rate can expire.  If your lawyer has to call (we do it all the time), so be it.  Its a crazy market out there and you need someone who knows that and doesnt care.

3.  Bankrate.com .  I dont care if your neighbor told you their mortgage broker got them a free house.  Before you do anything, go to that site.  Completely unbiased and independent and offers you a comparison of tons of banks, their rates, closing costs, and even contact information, plus informative articles.

4.  Aspirin.  Take it a lot during the process because you’ll need it.  I know I’m making this sound so dreary but the reality is that the process has become quite painstaking and can take some time and patience to navigate.  Have a good attorney by your side, always always always follow up with the bank (also have a back up bank in case the first isnt moving quick enough) and youll be fine at the end of the day.

Manhattan Real Estate Lawyer and Blogger Daniel Gershburg discusses problems with lenders

Monday, February 1st, 2010

As a Manhattan Real Estate Lawyer I deal with real estate purchases in New York City on almost a daily basis.  And as this recession and literal tanking in the real estate market has occurred across New York it is painfully obvious that lenders have absolutely no idea what they are doing.  Now you may call this a rant, and you are justified in doing so, however I think its absolutely ridiculous to discuss an improving real estate market in the greater New York area without discussing what appears to be this general absurdness that comes with working with lenders these days.

Case in point.  My client is selling a co-op apartment in  Brooklyn.  Again, she is SELLING the apartment in Brooklyn, not buying it.  Weve found purchasers who are paying cash.  We have a closing date.  But we cannot close because the bank is unable to send us the stock and lease (analogous in some respects to a deed for a home).  Weve called in approximately 10 times (not a typo) and have been on hold each time for approximately 30 minutes.  Th bank cannot tell us why they cant send us the stock and lease and state that someone will get back to us within 24 hours or 2 weeks.  Can you imagine if you called a friend and they said they would either get back to you later today, or Mid February.  Unless this was your mother in law where youd be happy to wait the 2 weeks, you would not be pleased.  We were not pleased.  Also the bank cant communicate with the proper department because that department doesnt have phones.  The dept has live people, and computers, but no phones.  Again Id like to emphasize all we are currently looking to do is pay the bank lots of money but the bank is saying “We know, and wed love to take the money, but we cant take the money, we dont know why we cant take it, and we dont know when we could tell you why we cant take it, but someone may or may not be able to tell you why we cant take it within 2 weeks.”

On another closing, the bank appraised a home for a certain sum and said “Youre ok to close.”  They then came back the following week and re-apraised the house for $50,000 less.  Lets again use a real life example.  I come to you and tell you Id like to buy your Mercedes, and that Id be willing to pay you $20,000 for the car and tell you I’d like to meet you the following week to pay you.  You agree.  The following week I show up announced and say “Let me look at the car again” and after looking at the identical car I tell you I will pay you $14.32 right now on the spot.  Absurd no?  Well folks welcome to 2010, the year when the recovery will hit.

In business, companies are always obsessed with bottom lines, and thats normal.  However, when you’re looking to buy a home in New York City and the lender is telling you that they’re telling you that they dont have phones, there is something wrong.  No business can recover financially if they are acting completely irrationally.  You may be reading this and thinking that there is something more to the story.  Something is missing because it doesnt make sense.  I wish there was.  Our firms Manhattan Real Estate practice has shifted in that we now do so much more on a daily basis for our clients than we ever have just to get them into the homes they wanted.  There really should be no discussion of a bottoming of the market in New York City without discussing why we’re stuck here now in the first place.

Williamsburg Real Estate Attorney Daniel Gershburg discusses savings thousands in transfer taxes!!

Thursday, December 17th, 2009

Williamsburg Real Estate Lawyer Daniel Gershburg introduces a video blog giving tips and tricks for potential purchasers of new construction condos in New York City how to save thousands in transfer taxes and lawyers fees.Williamsburg Real Estate Lawyer discusses saving thousands in transfer Taxes on new construction real estate in New York City