Episode 25 : Real Estate in the Context of Divorce & Separation

Episode 25 : Real Estate in the Context of Divorce & Separation

Going through a divorce and wondering what happens to your home, mortgage, or investment properties? In this episode of Rock the Closing, matrimonial attorney Meredith Singer explains how real estate is handled during divorce proceedings, from marital homes to rental and investment properties. Meredith breaks down equitable distribution, mortgage refinancing versus assumption, pendente lite carrying charges, and when courts can require a spouse to vacate the marital home. She also shares practical guidance on negotiating who keeps the house and avoiding common real estate and financial pitfalls during divorce. This episode is essential for divorcing homeowners, real estate investors, and professionals advising clients through divorce and property division. 0:00 – Introduction & Guest Overview 1:11 – Meredith Singer’s Background in Matrimonial & Family Law 2:39 – Real Estate Law and Divorce: The Critical Overlap 3:28 – Adult Children vs. Minors and Property Division 6:03 – First Questions to Ask Your Divorce Attorney 8:07 – Risks of Signing Documents Without Reading 9:02 – Investment Properties and Rental Units in Divorce 10:55 – Case Study: Tenant Issues During Property Settlement 12:20 – Removing a Spouse From the Marital Home 13:05 – Pendente Lite Motions Explained 14:23 – When Judges Order a Spouse to Vacate 15:07 – Non-Judicial Strategies to Encourage Moving Out 16:09 – Parenting Plans and Negotiation Tactics 17:02 – Pendente Lite Carrying Charges Explained 17:49 – Final Thoughts and How to Contact Meredith 👥 Featured Guests: Meredith Singer, Esq. – Matrimonial Attorney 🌐 meredithsingerlaw.com 📧 meredithsingerlaw@gmail.com 🎙️ Your Hosts: Orsolya Bartha, Esq. – Real Estate Attorney Dalia Zaza, Esq. – Real Estate Attorney 🎵 Music Credits: Percussion and Claps by Infraction Find more at @infractionimhere 🔗 Connect With Rock the Closing: 🌐 www.rocktheclosing.com [http://www.rocktheclosing.com] 📧 info@rocktheclosing.com 📱 @RockTheClosing ⚠️ Disclaimer: This podcast is for educational purposes only and does not constitute legal or tax advice. Always consult qualified professionals, including attorneys and CPAs, before making decisions regarding real estate or finances. Keywords : divorce real estate, family law, real estate attorney, real estate and divorce, matrimonial law, property division, equitable distribution, divorce advice, homeownership divorce, marital property, refinancing after divorce, investment property divorce, New York divorce lawyer, divorce property settlement

Episode 24: How to Avoid Probate In Case of Co-Op Apartment Ownership

Episode 24: How to Avoid Probate In Case of Co-Op Apartment Ownership Summary: In this episode of Rock the Closing, hosts Orsolya Bartha, Esq. and Dalia Zaza, Esq. are joined by guest speaker Bracha Etengoff, Esq., a trust and estate attorney, to discuss practical strategies for avoiding probate when you own a co-op apartment in New York City. In this episode, you'll learn: * What probate means and why it's particularly challenging for co-op apartments, which are considered personal property rather than real estate * The timeline and limitations of probate, including why you cannot sell or rent a co-op apartment until an executor is appointed (which can take 6 months to a year in downstate New York) * How joint ownership with rights of survivorship works as the most effective tool to bypass probate entirely * The strategic approach to gifting shares, including why transferring only a small percentage (like 10%) to a beneficiary during your lifetime can help avoid both probate and minimize capital gains taxes * Understanding step-up basis and how it affects the tax implications when inheriting versus receiving gifted shares * The practical steps involved, including navigating transfer applications, board approvals, and mortgage modifications with existing lenders * Timeline and costs for the transfer process (typically 6-8 weeks with modest fees that are significantly less than probate costs) * Important considerations about when this strategy works best – ideal for families with one adult child, but more complex when multiple beneficiaries or special circumstances are involved Guest Contact Information: Bracha Etengoff, Esq. Email: ⁠bracha@brachalaw.com⁠ [bracha@brachalaw.com] Phone: (347) 640-0993 The attorneys emphasize that while avoiding probate can save significant time and money, these decisions require careful analysis with qualified professionals including estate attorneys, real estate attorneys, and CPAs. Music Credits Music by Percussion and Claps by Infraction. Find more at infractionimhere HELP US OUT! Help us reach new listeners by leaving us a rating and review on ⁠⁠⁠Apple Podcasts!⁠⁠⁠ It takes less than 30 seconds and really helps our show grow, which allows us to bring on even better guests for you all! Thank you. We really appreciate it!

Episode 23: How to Save Some Money If You Are Doing a Purchase in New York City

Episode 23: How to Save Some Money If You Are Doing a Purchase in New York City Summary: In this episode of Rock the Closing, hosts Orsolya Bartha and Dalia Zaza unlock one of NYC's best-kept secrets for saving thousands at closing: the Purchaser CEMA (Consolidation, Extension, and Modification Agreement). This powerful but little-known strategy allows buyers to take over the seller's existing mortgage and consolidate it with their new loan, potentially saving $10,000 or more in mortgage recording taxes. Our expert hosts break down the complex qualification requirements, walk through the step-by-step process, and reveal the common pitfalls that can derail CEMA transactions. Whether you're a first-time buyer or seasoned investor, this episode provides invaluable insights into a strategy that could save you tens of thousands on your next NYC property purchase.In this episode, you'll learn: * What a Purchaser CEMA is and how it can save you thousands in mortgage recording taxes * The specific qualification requirements: property types, loan amounts, and seller mortgage status * Why bank cooperation is crucial and which lenders are most likely to participate * Step-by-step breakdown of the CEMA process from concept to closing execution * Real-world savings examples: $10,000+ on million-dollar purchases, tens of thousands on luxury properties * The biggest challenges and obstacles you'll face with CEMA transactions * When NOT to pursue a CEMA and why sometimes it's not worth the complexity * Expert tips for working with attorneys and lenders to maximize your success * How to determine if CEMA makes financial sense for your specific situation * The difference between condos, townhouses, and co-ops when it comes to CEMA eligibility Music CreditsMusic by SoundHills, Beautiful Minds.Find more at ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠https://protunes.net/ [https://protunes.net/] ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠HELP US OUT!Help us reach new listeners by leaving us a rating and review on ⁠⁠⁠Apple Podcasts!⁠⁠⁠It takes less than 30 seconds and really helps our show grow, which allows us to bring on even better guests for you all! Thank you – we really appreciate it!

Episode 22: Real Estate in Divorce Mediation – What You Need to Know

Episode 22: Real Estate in Divorce Mediation – What You Need to Know Summary In this episode of Rock the Closing, hosts Orsolya Bartha and Dalia Zaza sit down with Alla Roytberg, founder and principal attorney at Good Law Firm, to explore the crucial intersection of real estate and divorce mediation. Alla shares her extensive experience in family law, explaining the role of mediators, the importance of proper legal guidance, and the common real estate pitfalls that couples face during a divorce. Whether you're a homeowner navigating a separation, a real estate professional working with divorcing clients, or an attorney looking to understand mediation better, this episode provides valuable insights into how mediation can streamline real estate decisions in divorce cases. In this episode, you’ll learn: ✅ The role of mediation in divorce and how it differs from litigation✅ Why a mediator is like a "family doctor" in the divorce process✅ How real estate attorneys play a crucial role in reviewing agreements✅ Common real estate mistakes in divorce, including co-op approvals and buyout terms✅ The impact of transfer taxes and closing costs in property division✅ How mediation can help couples reach fair property settlements✅ What happens after a mediation agreement is reached—does it need court approval? Guest Speaker: 🎙️ Alla Roytberg Founder & Principal Attorney, Mediator📍 Good Law Firm📧 aroytberg@goodlawfirm.com📞 917-374-7475🌐 www.goodlawfirm.com [http://www.goodlawfirm.com] 👉 Tune in now for expert advice on navigating real estate in divorce mediation! Music CreditsMusic by SoundHills, Beautiful Minds. Find more at ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠https://protunes. net/⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠HELP US OUT!Help us reach new listeners by leaving us a rating and review on ⁠⁠⁠Apple Podcasts!⁠⁠⁠ It takes less than 30 seconds and really helps our show grow, which allows us to bring on even better guests for you all! Thank you – we really appreciate it!

Episode 21 - Real Estate Transaction Costs (Beyond Closing Costs)

Episode 21: Real Estate Transaction Costs (Beyond Closing Costs) SummaryIn this episode of Rock the Closing, hosts Orsolya Bartha and Dalia Zaza take a deep dive into real estate transaction costs beyond traditional closing costs. Many buyers and sellers are prepared for closing costs, but additional expenses throughout the transaction process can catch them off guard. From inspections and permits to judgments, liens, and occupancy certificates, our hosts break down the hidden costs that arise before closing. They also share real-life examples of transaction costs that can add thousands of dollars to a deal and explain how to prepare for them to avoid last-minute surprises.In This Episode, You'll Learn: ✔️ What real estate transaction costs are and how they differ from closing costs ✔️ The common costs for buyers, including inspections, title searches, and attorney fees ✔️ The unexpected costs for sellers, such as open permits, liens, and occupancy certificates ✔️ How open permits and unapproved renovations can delay transactions and increase costs ✔️ Why judgments, violations, and liens must be addressed before closing ✔️ The importance of planning ahead for these costs to avoid delays and financial stress ✔️ Why certain transaction costs must be paid before closing, rather than at the closing table ✔️ Additional fees, such as UCC-3 recording fees, deed transfer fees, and termination fees for mortgages ✔️ How to budget for these transaction costs as a buyer or seller Whether you're buying or selling a property, knowing these hidden transaction costs can save you time, money, and frustration. Tune in to get informed and avoid last-minute surprises in your next real estate deal! Disclaimer: Thank you for tuning in to RTC! This podcast is hosted by real estate attorneys, who offer valuable insights. Please remember that the content is for educational purposes only and does not constitute legal advice. Always consult a qualified professional before making any decisions. This podcast is copyrighted by Rock the Closing, and any reproduction, syndication, or rebroadcasting of the content requires written permission. NEW TO THE SHOW? * Follow our official social media accounts: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Instagram⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ [https://www.instagram.com/rocktheclosing/] | ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Youtube⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ [https://www.youtube.com/@RockTheClosing] * Get in touch with Orsolya Bartha: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Email ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ [obartha@barthalaw.com?]| ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Phone ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠| ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Website ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ [https://www.barthalaw.com/]| ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠LinkedIn⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ [https://www.linkedin.com/in/orsolya-bartha-esq-31465939/] * Get in touch with Dalia Zaza: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Email ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ [dalia@zazalegal.com?]| ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Phone⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ | ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Website ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ [zazalegal.com?]| ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠LinkedIn⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ [https://www.linkedin.com/in/dalia-zaza-chaudhri-104b12a6/] * Check out our website at ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠www.rocktheclosing.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ [http://www.rocktheclosing.com/] for more information and updates. Music Credits Music by SoundHills, Beautiful Minds. Find more at ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠https://protunes.net/⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ [https://protunes.net/] HELP US OUT! Help us reach new listeners by leaving us a rating and review on ⁠⁠⁠⁠⁠Apple Podcasts!⁠⁠⁠⁠⁠ [https://podcasts.apple.com/za/podcast/rock-the-closing/id1780664887] It takes less than 30 seconds and really helps our show grow, which allows us to bring on even better guests for you all! Thank you – we really appreciate it!