AREAS OF PRACTICE
Last Updated on Wednesday, 13 November 2013 21:52
Commercial and Residential Real Estate
Our attorneys have extensive experience in all aspects of residential and commercial real estate transactions and can provide the following services: offer advice on financing; negotiate contracts of sale; review and prepare leases; review the offering plan and proprietary lease for condominium and cooperative units; prepare covenants, restrictions, easements, and right of way agreements; obtain title insurance for Buyers and Lenders; assist in resolving title objections for Sellers; prepare deeds and New York State and New York City real estate transfer tax returns; review loan documents; prepare notes and mortgages for private loan transactions; coordination of closing requirements and attendance at closing.
Real Estate Litigation
We handle both residential and commercial property mortgage foreclosures as well as strict foreclosures, re-foreclosures, partition actions, adverse possession and boundary line disputes, street demappings, condemnations, tax certioraris and various other property disputes. Mortgage Foreclosures The Law Firm of Hall & Hall, LLP represents major financial institutions in mortgage foreclosure matters for both residential and commercial properties from their inception through public auctions and subsequent sale of foreclosed property.
The Law Firm of Hall & Hall, LLP has extensive experience in State and Federal Banking Law issues in a variety of contexts including the areas of lending, deposits, operations, compliance and regulatory matters. In the lending area, we frequently advise clients on a variety of issues including the proper structuring of commercial transactions, letters of credit transactions, and issues regarding the creation and perfection of security interests. We also address numerous questions involving the extensive regulation of lending under various laws and regulations including the Real Estate Settlement Procedures Act (Reg X), the Truth in Lending Act (Reg Z), Equal Credit Opportunity Act (Reg B), just to name a few. On the deposit and operations side, we frequently advise clients on issues involving negotiable instruments and the bank collection process, forgeries and other claims or issues that arise under Articles 3 and 4 of the Uniform Commercial Code (UCC). We also advise banking clients on various issues that arise with deceased or incompetent depositors, adverse claims as well as compliance with executions, levies and subpoenas that are served on financial institutions. In addition, we routinely advise our bank clients on a vast array of general corporate issues that arise in the complex and rapidly evolving financial world.
Will Drafting and Estate Planning
Our attorneys have extensive experience in Will Drafting and Estate Planning. Estate Tax planning has helped our clients save hundreds of thousands of dollars in estate taxes. Business succession planning has proved to be of great concern among our clients with a closely held business. By devising a prudent plan of gift giving of minority interests we have preserved control on the part of the older generation during its lifetime and secured valuable discounts reducing the taxable estate of the creator of the business. In addition, our attorneys understand that every Will or Trust, no matter how modest the testator’s or grantor’s estate, should be regarded as a challenge in how most effectively to transmit our clients’ wishes. Powers of Attorney and Health Care Proxies are prepared as part of every estate plan.
The Law Firm of Hall & Hall, LLP understood some years ago that the needs of our elderly clients are unique. Asset protection planning, health concerns and elder care all deserve and receive our attorneys’ careful attention. Our attorneys have developed the expertise and resources to efficiently represent the elderly client. Probate and Estate Administration Our firm is known for its meticulous attention to detail in administering decedent’s estates, whether the decedent died with or without a Will. Post-death tax planning constitutes an important part of our work. Family relations, often strained by the death of a member present an opportunity for our attorneys to employ their interpersonal skills in preserving and strengthening family ties. In addition, our attorneys have successfully litigated probate and accounting disputes.
At times, the only way in which vital decisions can be made for the incompetent person, or protection may be afforded to a person with diminished capacity, is to commence a Guardianship Proceeding. Our attorneys have successfully represented petitioners in various types of Guardianship Proceedings. In a recent case, the attorney-in-fact of one of our elderly clients, had misappropriated the client’s funds and, to shield herself from scrutiny by his many friends, she had spirited him away to another state. Our Firm commenced a Guardianship Proceeding as well as a Habeas Corpus (literally "produce the body") proceeding. The wrong-doer was forced to reveal the whereabouts of her ward and further mischief was avoided.
Business and Corporate Law
This area of practice includes the formation of corporations, partnerships, limited partnerships, limited liability partnerships and limited liability companies. In addition, the review and preparation of stockholders agreements, partnership agreements and the limited liability company operating agreements is an integral part of the practice. Agreements for the purchase and sale of businesses as well as employment contracts are prepared, negotiated and reviewed.
General Commercial Litigation
Our Commercial Litigation practice has included the successful prosecution as well as defense work in cases involving disputes between businesses and those among its principals, in addition, to secured transactions, commercial paper and banking litigation.
The firm has negotiated leases, real estate acquisitions, computer contracts, building construction contracts, medical equipment leases, and employment agreements for a major medical center. It has been involved in consent issues and termination of life support issues. It has negotiated provider contracts between physicians and hospitals. The firm also handles mental hygiene law proceedings dealing with retention and transfer to long term care facilities.