Here's the article:
Marriages are like business partnerships. Dissolution of both kinds can be very expensive, unless you can agree on terms.
Otherwise,
matrimonial dissolution can be very expensive. It splits your assets,
doubles your living costs, causes havoc on your emotions, and has
psychological affects on those involved.
And in our adversarial
legal system, where each attorney is fighting for his or her client's
best interests, a prolonged divorce can escalate before it becomes
settled. It's no wonder why divorce is the leading cause for negative
opinions about the legal profession.
But there is an
alternative that can save everyone substantial legal fees, not to
mention the aggravation associated with the divorce process. In New
York State, it's called an Uncontested Divorce.
An Uncontested
Divorce, or "UD," is where both spouses agree to getting a divorce and
to the settlement terms before filing. It is the filing of forms and
documents, all of which are accessible online at the New York State
Court website:
http://www.nycourts.gov/divorce/forms.shtml
But as the court website states:
"Before you use the booklets and forms,
we strongly suggest that you give serious thought to using a lawyer for
your divorce, even if you believe that your divorce will be
“uncontested” (i.e., your spouse will not oppose the divorce in any
way). There can be a lot more to think about than just ending the
marriage and filling out court papers. (For example, there may be
property to divide between you and your spouse, or you may need an Order
of Protection and/or child support and other financial support, among
other things.)"
I remember the first Uncontested Divorce I did
using the forms available online. I had a particularly difficult time,
but I plodded through them, seeking guidance and advice the entire way.
And I am an attorney. Since then, I have had several clients approach
me and ask me to handle it for them after they tried and failed to do it
on their own.
After doing a few, it got easier and the process
went much smoother. I soon offered the service to my clients for a
flat fee, barring any complications.
To be eligible for an
Uncontested Divorce, you must first be eligible to file a divorce in New
York State. There are two requirements: (1) satisfy residency
requirements, and (2) comply with one of the grounds for divorce.
There
were four grounds for divorce, but as of October 2010, there is a new
ground known as “No-Fault Divorce.” Here, a party must swear that the
marriage has broken down irretrievably for the previous six months.
For more information on this subject, or to ask questions about a particular matter, please contact:
Konst Law Offices at www.KonstLawOffices.com, or
Call (716) 601-1000 to speak with an attorney.
Sunday, September 16, 2012
Saturday, September 15, 2012
Real Estate Closings in Buffalo, NY
"The Real Estate Closing"- Lancaster Attorney Harry N. Konst, Esq.
Property rights and ownership are one of the most coveted rights of humankind. The transfer of real property in New York State from one owner to another is designed to bring order. It is a process that is described as "delivering good title to the purchaser."
Title:
When you buy a new home, you want to make sure that the seller has satisfied all of his or her obligations, such as paying off the mortgage and all tax liens, so as to deliver "clear title." Clear title means that there are no outstanding claims against the property when the title transfers to you.
Suppose, for example, that the seller has a personal judgment, unrelated to the real estate, against him for losing a lawsuit years ago? In New York State, a properly filed judgment becomes a lien against all real property that person owns in that county. If you were to purchase his property without resolving that judgment, the judgment creditor can then come after you and your real estate to collect!
In New York State, an attorney is required to oversee and conduct the real estate transfer process, commonly referred to as a "closing." After first reviewing the sales contract to ensure that there are no conditions that would interfere with his client's rights.
Next, the lawyer orders the "title search" that scours the legal chain of title to uncover the history and claims against the seller and the property.
The lawyer collects and assembles all tax bills from the municipalities, including county, town, village, and school taxes. Since tax bills are based on different periods, the closing date determines pro rata who pays which part of the tax bill. For pre-paid bills, the seller would be credited for the taxes paid up until the date of closing, and the buyer would be responsible for taxes from the date of closing and thereafter. The lawyer then apportions the dollar amounts to each party.
Survey:
A survey is the document that describes in words the exact boundary of a parcel of real estate. It tells you where your property begins and your neighbor's property ends - on all sides of the property. This is not an exact science and frequently one surveyor may differ with another over the exact boundary of adjacent properties, thus giving rise to "boundary disputes." Ownership of property is an inherent right, so it may seem, and arguments can ensue over feet or even inches of land.
Absent such disputes, however, a survey adds certainty to the property you are buying.
A lawyer reads the survey and compares it to the "legal description." That "legal" describes the property's boundary in legalese. "Beginning at a point 20 feet from one point, continuing eastward 120 feet to a point..." And so it begins describing the lines outlining your coveted piece of real estate, until encapsulates by returning to the point of beginning.
Deed:
The Deed is the tangible evidence, a piece of paper, properly recorded in the chain of title in the county clerk's office. The deed represents your legal ownership of real property, and it legally defines the property transaction from one owner to the next.
"WITNESS, that the party of the first part (the seller), in consideration of lawful money, does hereby grant and release unto the party of the second part (the buyer)..." And so the legal jargon of centuries ago continues today.
Closing:
The real estate "closing" is where and when the actual transfer from one property owner to the next occurs. Though sometimes in a lawyer's office, the real estate closing usually takes place in the county clerk's office, where documents are exchanged and"filed" with the county clerk.
Gathered that day at one of the many conference tables, sellers, buyers, lenders and their attorneys congregate for one purpose - to exchange money, documents, and title. Title companies are situated in their nearby cubicles, ready to "update title" all the way up to the magic moment of title transfer to ensure that nobody slips in the last minute to claim an interest in the subject property. You want your title to be "clear."
Closing Statement:
The Closing Statement is a summary of the real estate transaction. It identifies the parties and summarizes all the costs each party must pay. The seller, for example, pays for the survey. This makes sense, because the seller is responsible for proving that she is delivering good and clear title. Then, the taxes are pro-rated and apportioned. The closing statement identifies who pays which filing fees, transfer tax and mortgage tax.
Return of Search and Deed:
Weeks after the closing, the title company will return the printed, updated title. Keep this stored with all your vital documents. Months later, the County Clerk will return the stamped deed to your attorney after they verify and scan it into the county record. It's a good practice to request these legal documents, along with a copy of your survey, be returned to you by your attorney to avoid a mad rush to search for them years later when the property will be sold again.
For information about how we can help you with your real estate transaction, give us a call:
Konst Law Offices, 5511 Broadway, Lancaster, NY 14086.
Ph. (716) 601-1000
www.KonstLawOffices.com
Here's a description of what your attorney does in a real estate closing:
Property rights and ownership are one of the most coveted rights of humankind. The transfer of real property in New York State from one owner to another is designed to bring order. It is a process that is described as "delivering good title to the purchaser."
Title:
When you buy a new home, you want to make sure that the seller has satisfied all of his or her obligations, such as paying off the mortgage and all tax liens, so as to deliver "clear title." Clear title means that there are no outstanding claims against the property when the title transfers to you.
Suppose, for example, that the seller has a personal judgment, unrelated to the real estate, against him for losing a lawsuit years ago? In New York State, a properly filed judgment becomes a lien against all real property that person owns in that county. If you were to purchase his property without resolving that judgment, the judgment creditor can then come after you and your real estate to collect!
In New York State, an attorney is required to oversee and conduct the real estate transfer process, commonly referred to as a "closing." After first reviewing the sales contract to ensure that there are no conditions that would interfere with his client's rights.
Next, the lawyer orders the "title search" that scours the legal chain of title to uncover the history and claims against the seller and the property.
The lawyer collects and assembles all tax bills from the municipalities, including county, town, village, and school taxes. Since tax bills are based on different periods, the closing date determines pro rata who pays which part of the tax bill. For pre-paid bills, the seller would be credited for the taxes paid up until the date of closing, and the buyer would be responsible for taxes from the date of closing and thereafter. The lawyer then apportions the dollar amounts to each party.
Survey:
A survey is the document that describes in words the exact boundary of a parcel of real estate. It tells you where your property begins and your neighbor's property ends - on all sides of the property. This is not an exact science and frequently one surveyor may differ with another over the exact boundary of adjacent properties, thus giving rise to "boundary disputes." Ownership of property is an inherent right, so it may seem, and arguments can ensue over feet or even inches of land.
Absent such disputes, however, a survey adds certainty to the property you are buying.
A lawyer reads the survey and compares it to the "legal description." That "legal" describes the property's boundary in legalese. "Beginning at a point 20 feet from one point, continuing eastward 120 feet to a point..." And so it begins describing the lines outlining your coveted piece of real estate, until encapsulates by returning to the point of beginning.
Deed:
The Deed is the tangible evidence, a piece of paper, properly recorded in the chain of title in the county clerk's office. The deed represents your legal ownership of real property, and it legally defines the property transaction from one owner to the next.
"WITNESS, that the party of the first part (the seller), in consideration of lawful money, does hereby grant and release unto the party of the second part (the buyer)..." And so the legal jargon of centuries ago continues today.
Closing:
The real estate "closing" is where and when the actual transfer from one property owner to the next occurs. Though sometimes in a lawyer's office, the real estate closing usually takes place in the county clerk's office, where documents are exchanged and"filed" with the county clerk.
Gathered that day at one of the many conference tables, sellers, buyers, lenders and their attorneys congregate for one purpose - to exchange money, documents, and title. Title companies are situated in their nearby cubicles, ready to "update title" all the way up to the magic moment of title transfer to ensure that nobody slips in the last minute to claim an interest in the subject property. You want your title to be "clear."
Closing Statement:
The Closing Statement is a summary of the real estate transaction. It identifies the parties and summarizes all the costs each party must pay. The seller, for example, pays for the survey. This makes sense, because the seller is responsible for proving that she is delivering good and clear title. Then, the taxes are pro-rated and apportioned. The closing statement identifies who pays which filing fees, transfer tax and mortgage tax.
Return of Search and Deed:
Weeks after the closing, the title company will return the printed, updated title. Keep this stored with all your vital documents. Months later, the County Clerk will return the stamped deed to your attorney after they verify and scan it into the county record. It's a good practice to request these legal documents, along with a copy of your survey, be returned to you by your attorney to avoid a mad rush to search for them years later when the property will be sold again.
For information about how we can help you with your real estate transaction, give us a call:
Konst Law Offices, 5511 Broadway, Lancaster, NY 14086.
Ph. (716) 601-1000
www.KonstLawOffices.com
Here's a description of what your attorney does in a real estate closing:
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