Real Estate Archives - Mackenzie Hughes LLP.

When Commercial Leases Don’t Mean What They Say

So you’re presented with a Commercial Lease, say a business retail tenant in a shopping center. You’re perhaps a Landlord, or a Tenant. You carefully review all of the terms and have no problem with their clarity. They’re explicit and unambiguous. What you might not realize is that there can be a third and silent…

Purchasing Property with a Lease

Often when purchasing a company, certain assets pose issues not easy to discern. For example, a Purchaser can buy real estate through a purchase contract and perhaps even personal property such as furniture and furnishings, fairly easily. When purchasing real estate, title insurance can be ordered, surveys re-dated, and abstracts renewed. Information on mortgages can…

Industrial Development Agencies Located In The Central New York Regional Transportation District No Longer Exempt From The Additional Mortgage Recording Tax

In 1969, New York State enacted the New York State Industrial Development Agency Act which created industrial development agencies (“IDAs”). New York State created IDAs to promote the economic welfare, recreation opportunities and prosperity of the inhabitants of New York State. IDAs have traditionally provided financial assistance by offering exemptions from sales and use taxes,…

NYS Real Estate Transfer Tax on Conveyances of Real Property

In New York State, sellers who convey an interest in real property are required to pay New York State real estate transfer tax. In the usual sale of real property, the real estate transfer tax is computed at a rate of $2 for each $500 of consideration or fractional part thereof. For example, in a…

October 3, 2015 – The Start of a New Era for Residential Mortgage Loan Closings

While October 3, 2015 came and went without any particular fan fair, it did mark the start of a new era in residential mortgage lending. October 3 is the effective date for the Consumer Financial Protection Bureau’s new combined Truth in Lending – Real Estate Settlement Procedures Integrated Disclosure (a/k/a “TRID”). For all residential mortgage…

Beware of Preserving Lien Priority When Modifying Mortgages

When lenders modify the terms of a mortgage loan they should be careful to obtain the necessary consents from any junior lien holders and to record the necessary documents memorializing the modification. In general, under New York law successive mortgages on the same property are entitled to priority in the order in which their respective…

Good and Bad News for Non-residents owing New York Real Estate

The New York Department of Taxation has issued two new tax advisory opinions that have a significant impact on taxpayers who are non-residents of New York State. We have previously posted information for non-residents. See Ryan Emery’s posts of April 21, 2015 and March 19, 2014. This blog reports on very recent developments based on…

The Economics of Purchasing a Home

It has often been stated that a home purchase is the largest and most important financial decision you will make in your lifetime. So now that you are faced with what could be your most monumental financial decision, what factors should you consider to make it a prudent one.

Vacation Home Owners – The Tale of Two Estates

While over 19 million Americans call New York State home, countless other non-residents own second homes in the state. Similarly, over 19 million Americans call Florida home but many non-resident retirees and snowbirds own vacation homes in the state to enjoy the warmer climate in the winter months. The Problem Whether you own a second…

Keeping the family Cottage in the Family

We are frequently asked by our clients how to keep the family cottage in the family and structure the ownership and governance of the same to meet their goals. These questions are frequently asked by older owners who are at an age where their assets will begin to pass down to children, grandchildren or other…