New York Real Estate Attorneys
Bruce Montague & Partners
Real estate transactions can appear deceptively simple and straightforward at first glance, only to disintegrate into a complicated morass of technical pitfalls that can lead to financial disaster. The skilled attorneys of Bruce Montague & Partners understand the devastating impact of bad real estate transactions and know how to help clients located in Bayside, New York and surrounding communities.
For the past 15 years, the Firm has been helping clients complete transactions or ligtigate in the commercial and residential real estate markets. With expert attorneys and a dedicated support staff, clients have come to expect and always receive an outstanding level of personal interaction and client service.
As a full-service real estate law firm, Bruce Montague & Partners provides competent advice, guidance and counsel to help minimize the risks in pending transactions within the following areas:
- New York Real Estate Negotiations
- New York Title Clearance Issues
- New York Quiet Title Matters
- New York Mechanic's Liens
- New York Real Estate Document Preparation
- New York Closing Attorney Representation
- New York Sales Breach Issues
- New York Land Development Issues
- New Yorrk Landlord/Tenant Issues
- New York Eminent Domain Proceedings
“In transactional matters, we pride ourselves on the level of detail our attorneys have regarding your specific transaction. Whether you are buying a home for the first time or are leasing multiple spaces in a shopping center, we provide the specific level of knowledge and expertise to make the process flow as smoothly as possible. Staying on top of the transactions through every step also helps us to make the transaction be completed faster and for less. Our clients know that we fight for our clients and help them receive each and every dollar they are entitled to receive.”
– Attorney Bruce Montague
In cases where the transaction is falling apart, New York real estate lawyers Bruce Montague & Partners are effective negotiators who can play a key role in putting things back together if possible, or in working out an equitable settlement if the transaction cannot go forward. Where the transaction cannot be salvaged, and settlement appears unlikely, Bruce Montague & Partners aggressively and effectively advance the claims and preserve the rights of their clients.
“We provide our expertise in litigation cases from inception to trial including verdicts and appeals. We are litigation experts and have helped many other attorneys evaluate cases, negotiate cases and prepare cases for trial. In addition, our lawyers have lectured to both Lawyer's Groups and various Civil Groups on topics as diverse as Negotiation and Evaluating Cases.”
– Attorney Bruce Montague
Take Action to Protect Your Rights:
If you or someone you know in Bayside or within the surrounding communities of the New York metropolitan area needs the assistance of an experienced real estate lawyer, please contact Bruce Montague & Partners today at 866-632-2704, or complete the contact form provided on this site to schedule your free consultation.
Practice Areas and Legal Definitions
New York Real Estate Negotiations:
In major financial transactions, especially those involving real estate properties, it is important to have a knowledgeable negotiator working for you, one who knows the law and whose loyalty to you is undivided. Real estate brokers and agents depend on sales commissions for their livelihood. If the sale does not occur they receive nothing for their time and energy, and this can create a conflict of interest. You need someone representing you who is less concerned about a particular sale going through than with making certain your legal rights are protected.
New York Title Clearance Issues:
In large urban centers title insurance has reduced the need for in-depth title searches by real estate lawyers, but this is not necessarily the case in rural areas of the state. As with any other insurance policy, title insurance documents are usually packed with disclaimers of one kind or another, all in highly technical real estate jargon and legalese, and all set forth in the tiniest of fine print. Failure to fully understand the import of a particular clause or disclaimer in the policy can result in financial consequences at some later date, when it may be too late to do anything about it. If you find things in the title policy you don’t understand, your real estate attorney can explain them to you and can also point to you any items that need to be challenged and resolved. Given the amount of money involved in modern real estate transactions, it is critical to make certain that title problems are not going to make the deal a disaster.
New York Quiet Title Matters:
Sometimes a particular piece of real property has title defects of such significance that no sale or other transfer of ownership can occur until they are resolved. The usual method of clearing title defects is a lawsuit called a “Quiet Title” action. In the Quiet Title action, the Court would receive and consider evidence on the issue, and if satisfied that the judgment had been discharged, would issue an order dissolving (removing) the judgment lien.
New York Mechanic’s Liens:
When doing building construction or repairs, building contractors often utilize a legal device called a “mechanics lien” as a means of making certain they will be paid for their labor and materials. The creation of a mechanic’s lien involves written notice to the owner of the property and other formal requirements, and its enforcement is subject to strict procedural rules. Once a valid mechanic’s lien attaches to the property, however, it operates as a claim against the property which, if it remains unpaid, can ultimately result in foreclosure proceedings.
New York Real Estate Document Preparation:
Whatever may be said during real estate negotiations, whatever promises may have been made, it is the final written documents that will control what happens. Many of the closing documents involve the completion of pre-printed forms, but sometimes the details of a particular transaction require modification of a form to provide adequate protection. Your real estate attorney can either prepare all of the documents, or can review the documents that have been prepared, explaining them to you and suggesting changes, as needed, for your benefit.
New York Closing Attorney Representation:
The majority of transactions are concluded routinely, with no unanticipated problems and, as it may well appear after the fact, no need for legal representation during the closing. There is no legal requirement for representation by counsel at the closing, but most lenders and prudent investors will do so. It is at closing that critical disputes often arise concerning the language in a particular clause or some other technical aspect of the transaction.
New York Sales Breach Issues:
Once a written agreement has been executed by both parties to a real estate transaction, its provisions are legally binding. Which judicial remedies, if any, may be available for the breach of the agreement depends on a variety of factors. There may, for example, be remedies available to the Buyer if the Seller breaches that are not available to the Seller, if the Buyer is the breaching party.
New York Land Development Issues:
Land development projects grow more difficult and complex with each passing year. Your real estate lawyer can guide you through the labyrinth of zoning regulations, environmental agency requirements, building, fire, and safety codes, and the various other requirements for doing business in this complicated field of real estate.
New York Landlord/Tenant Issues:
As with any other agreement, if one side fails to perform obligations under a lease, the other side may bring a lawsuit to enforce the obligations. The most common cause of litigation between Landlord and Tenant involves the non-payment of rent. New York law provides a speedy legal remedy for landlords, featuring a sharp reduction in the time permitted for a defendant to respond, and giving the case preference over most other types of cases on the court calendar for an early hearing date. The procedure is called an “Unlawful Detainer.”
In many ways, Unlawful Detainer actions are tilted, procedurally, in favor of the landlord over the tenant. Because of this, Courts are extremely strict in the enforcement of the landlord’s procedural obligations. A very slight technical violation on the part of the landlord can cause an Unlawful Detainer action to be dismissed by the Court. It can be refiled, of course, but the unpaid rent continues to mount while that is being done.
New York Eminent Domain Proceedings:
Eminent Domain proceedings are used by governmental agencies to acquire real estate (even when the owner doesn’t want to sell it) for use in a project of some kind for the general public benefit. A recent decision by the United States Supreme Court has greatly expanded the discretion of state and local governments to seize property, even when they do so for the benefit of a private company, if they feel the project contemplated by the private company with benefit the public. In mounting a defense to an eminent domain action, the landowner can resist the seizure itself, and can also challenge the dollar amount the agency is willing to pay for the land. The landowner in an eminent domain proceeding is entitled to the fair market value of the land.
If you or someone you know in Bayside or within the surrounding communities in the New York metropolitan area needs the assistance of an experienced real estate lawyer, please contact Bruce Montague & Partners today at 866-632-2704, or complete the contact form provided on this site to schedule your free consultation.
Frequently Asked Questions
The following information includes frequently asked real estate questions. The answers given are general in nature and are not intended to apply to every real estate situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For more specific information about your real estate case, please contact Bruce Montague & Partners today at 866-632-2704.
What is an unlawful detainer?
An unlawful detainer is a type of lawsuit by which a landlord may obtain a court order for the eviction of a tenant. Non-payment of rent is usually the basis for an unlawful detainer action, although it may be used in other specified situations as well. Often called a “summary” remedy, unlawful detainer actions have rules which sharply limit the time in which a tenant may respond to a complaint. Because unlawful detainers confer advantages to landlords that are not available to any other litigants, the procedural rules are highly technical and they are strictly enforced by the courts.
What is the Statute of Frauds?
The Statute of Frauds is a state law which denies the enforcement of certain types of contracts unless they are in writing. Subject to a very few exceptions, it makes no difference how strong the case is or how many witnesses witnessed the agreement, the case will be dismissed if it pertains to subject matter governed by the statute. All contracts for the transfer of any interest in real estate property fall within the Statute of Frauds and must be in writing.
What is eminent domain?
Eminent Domain is a legal proceeding under which the government can seize a piece of privately owned real estate, even if the owner objects to the seizure, so that the land can be used for some public purpose. Traditionally, eminent domain has been invoked when the government needs the land in order to complete some public project such as a road or a bridge. A recent decision by the United States Supreme Court held that eminent domain proceedings were appropriate even in a case where the government’s intention, in seizing the land, is to sell it to some third party in order to complete a private development project seen as beneficial to the public interest. In exercising its authority under eminent domain, the government is required to pay the owner the fair market value of the property.
The land seizure itself is rarely the subject of eminent domain litigation. Most eminent domain lawsuits involve a dispute over the price the government wants to pay for the land.
What is inverse condemnation?
Inverse condemnation is similar in some ways to eminent domain. The difference is that in eminent domain proceedings the government wants to force the landowner to sell his property, while in inverse condemnation proceedings the land owner wants to force the government to buy it.
They theory of inverse condemnation is that a government action has destroyed or substantially reduced the value of the property. Typically, inverse condemnation will involve, for example, situations in which the government passes zoning or other regulations which make it difficult if not impossible for the land owner to continue using the land for its then existing use. In essence, inverse condemnation urges the court that since the government action has destroyed the value of the property to the owner, the government should have to buy it for fair market value.
What is “commercial real estate?”
The answer to this relatively complex question is often more a question of context than of the physical properties of the real estate. Consider, for example, a typical 3-bedroom, 2-bath house. If the owner lives there, it is probably “residential” real estate. If the owner moves out, however, and continues to hold the property for business or income-producing purposes, it is probably “commercial” real estate, even though the house itself remains unchanged. Although an apartment house is, by definition, a place where people reside, it is “commercial” real estate. So is a motel or a hotel. Industrial real estate is almost always “commercial,” while agricultural real estate might be either one, depending on the context.
What is a title defect?
In a real estate transaction the seller is expected to convey “clear title” to the property, or “title free of defects” to the seller. Sometimes a title defect is referred to as a “cloud” on the title. A defect in the title to real property can delay or even prevent a sale from taking place. Sometimes it becomes necessary for the owner to prosecute what is called a “Quiet Title” action – a form of lawsuit asking the court for an order removing the defect in the title.
There are several types of title defects. Easements can be title defects. An easement is the right to go across or do something on someone else’s property. It can be acquired either by written conveyance (which may be recorded) or by operation of law, depending on events which may have occurred long before you ever even heard of the property. Easements acquired by operation of law are usually not recorded until someone has successfully sued the property owner to enforce one.
All liens are regarded as title defects. If a lawsuit results in a judgment against a landowner and a copy of the judgment is filed with the local Recorder’s Office, it becomes a “judgment lien” on the property.
How can I protect myself from mechanic’s liens?
A mechanic’s lien cannot attach to your property without prior notice to you. Before releasing funds to your general contractor, be certain there is a discussion of any lien notices which may have been filed against the property by employees, sub-contractors or suppliers. Remember, if you pay the general contractor and he does not pay any of those people, they can foreclose a mechanic’s lien against you.
What is a deficiency judgment?
In some states, when the proceeds of a foreclosure sale are insufficient to pay the underlying obligation, the lender simply applies the proceeds against the debt and the foreclosure costs then sues the defaulting borrower for the remaining balance (called the deficiency). If successful, the lender obtains a “deficiency judgment” against the defaulting borrower.
After the Great Depression in the 1930s, however, many states enacted laws called “Anti-Deficiency Judgment” statutes, designed to regulate, limit, or even eliminate a lender’s right to obtain a deficiency judgment. Not every state has such statutes, and there is a good deal of variance from state to state. In its purest form, the statute provides that a lender’s sole recourse is to the land. This means that after a foreclosure the mortgage obligation is completely discharged regardless of the amount of the sales proceeds.
In the State of New York, the lender retains the right to seek a deficiency judgment, but there is a strictly enforced time period for accomplishing this purpose, as well as strictly enforced procedural rules. If the lender fails to act within the time period, or if the lender fails to give proper and timely notice to the defaulting borrower, any deficiency is waived.
How much do the Attorneys of Bruce Montague and Partners charge for legal representation in real estate matters?
There is never any charge for an initial consultation to determine how the Firm can best serve your needs. Before you retain the Firm to represent you, the fees likely to be incurred will be explained to you in detail. You will find the fee schedule very reasonable and competitive, and all fee agreements are in writing. There will be no hidden costs and no surprises.
Professional Profiles
The experienced attorneys of Bruce Montague & Partners regard client communication and confidentiality as among their top priorities. They fully understand that matters surrounding real estate tend to move very quickly--requiring immediate response with concrete, relevant and expert advice. At Bruce Montague & Partners you will find an atmosphere that is professional, yet relaxed and comfortable.
If you or someone you know in Bayside or within the surrounding communities of the New York metropolitan area needs the assistance of an experienced real estate lawyer, please contact Bruce Montague & Partners today at 866-632-2704, or complete the contact form provided on this site to schedule your free consultation.
FIRM ADDRESS:
Bruce Montague & Partners
212-45 26th Ave Suite 7
Bayside, New York 11360
Phone: 866-632-2704
MEMBERS OF THE FIRM:
Bruce Montague
EDUCATION:
- State University of New York at Buffalo, Faculty of Law & Jurisprudence, J.D., 1986
- State University of New York at Stony Brook, Bachelor of Arts, Political Science, 1983
COURTS ADMITTED:
- New York State
- United States District Courts - Eastern & Southern Districts
- Admitted to the Bar: February 1987
PROFESSIONAL MEMBERSHIPS:
- Association of Trial Lawyers of America
- New York State Bar Association
- New York State Trial Lawyers Association
- New York Lawyer's Network
Craig Ian Gardy
EDUCATION:
- Benjamin N. Cardozo School of Law, J.D., 1994
- American University, B.S.B.A, 1991
COURTS ADMITTED:
- New York
- New Jersey
- United States District Courts - Eastern and Southern Districts of New York
- Admitted to the Bar: February 1995
PROFESSIONAL MEMBERSHIPS:
- New York State Bar Association
- Association of the Bar of the City of New York
- Phi Alpha Delta International Law Fraternity
Alan Gerson
EDUCATION:
- Hostra Law School, 1987
- Queens College, B.A., 1984
COURTS ADMITTED:
- New York State
- United States District Courts - Eastern and Southern Districts of New York
- Admitted to the Bar: November 1987
PROFESSIONAL MEMBERSHIPS:
- New York State Bar Association
- Queens County Bar Association
Joseph D. Levy
EDUCATION:
- Benjamin N. Cardozo School of Law, 2003
- Queens College, B.A., 1999
COURTS ADMITTED:
- New York
- New Jersey
- United States District Court - Eastern District of New York
- Admitted to the Bar: February 2004
PROFESSIONAL MEMBERSHIPS:
- New York State Bar Association
- New York State Trial Lawyers Association
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Additional Questions or need further information?
Bruce MontagueBruce Montague & Partners
212-45 26th Ave Suite 7
Bayside, NY 11360
Telephone: 866-632-2704
Fax: 718-279-8154
