Richard Lebovitz will help walk our clients through the home selling or buying process. He review and explain in plain language what all terms and clauses of sales agreements and mortgage/loan documents say. We will seek to resolve any disagreements between buyers and sellers and can review all listing contracts, sales agreements, conditions of sale and loan documents. He can also draft Sales Agreements for sales by the owner. In short, he will closely with title companies, property appraisers, house inspectors to make the buying and selling of homes and real property as easy and stress free as possible.

Deeds and Titles

Richard Lebovitz can work closely with title companies on behalf of his clients and prepare necessary deeds to transfer property between sellers and buyers, for divorces, estates, etc. This includes preparation of:

• Life Estates: transfer title to someone for their life with remainder to another person
• Quit Claim Deeds: transfer any rights you may have in a property to another person
• Joint Tenants with right of Survivorship: Transfer property to two or more owners. If one of these owners dies before the other(s), the remaining owners divide the deceased person’s share. The decedent’s share does not pass on to his/her heirs.
• Tenants in Common: Similar to a business, each owner owns a percentage of the total of the property
• Tenants by the Entireties: limited to ownership by Husband and Wife and treated as One unit for purposes of ownership
• Resolving problems with Deeds and Titles defective and disputed titles resulting from estates, property line disputes, adverse possession, septic systems, easements and covenants, rights of way, etc.

Neighbor Disputes

Sometimes we have neighbors we cannot get along with. We may have share a property line with a fence, trees, shrubs, garden, garage, or other structures build on the “wrong” side or over the property line. These disputes also result from noise, water runoff or other interference with useful enjoyment of your property.

Landlord/Tenant Disputes

Richard Lebovitz will represent Landlords or Tenants in District Court for the recovery of unpaid rent or concessions due to uninhabitable living conditions. Please contact our office if you have any of the following issues:

• Reviewing and Drafting Leases
• Return of Security Deposits
• Rent Issues
• Tenants Rights and Responsibilities
• Landlord’s Rights and Responsibilities
• Safety and Repairs
• Evictions and Lockouts
• Ending the Lease
• Resolving Complaints and Rent Court.
• Breach of Lease
• Tenants and Foreclosure Procedure in Maryland

Many landord tenant matters can be resolved through negotiations between the parties. If the matter cannot be resolved, the matter may be filed in the District Court of Maryland in the county where the property is located. Montgomery County residents have an alternative option. They may file a complaint with the Department of Housing and Community Affairs, Office of Landlord-Tenant Affairs. Once a complaint is received, an investigator is assigned to the file and acts as a fact finder and helps to mediate and resolve the dispute. If no resolution is reached, the case is referred to the Montgomery County Commission on Landlord-Tenant Affairs for a hearing.

Common issues include:

• Failure to return Security Deposit: The landlord must return the tenant’s security deposit plus interest within 45 days after the end of the lease period. The landlord may deduct damages from this security deposit if he/she provides an itemized list of damages, with a statement of the actual costs of repair to the tenant in a letter within this 45 day period. If the landlord fails to return the security deposit or notify the tenant of any damages to the property causing a reduction or no money due to the tenant, then the tenant may sue for up to three (3) times the amount withheld plus reasonable attorney’s fees.
• Tenants have the right to be present when the landlord inspects the rental unit for damages at the end of your lease. You must notify your landlord by certified mail, at least 15 days prior to moving, of your intention to move, the date of moving and provide your new address. The landlord must then notify the tenant by certified mail of the time and date of the inspection. The inspection must be held within five (5) days before or after your move out date. The landlord must disclose these rights to you in writing at the time you pay the security deposit, if not, then the landlord waives the right to withhold any part of the security deposit for damages.
• File a rent action: Tenants may file a rent escrow action with the District Court to encourage Landlord to make repairs for defects in the rental unit. The court would order that the tenant’s rent is escrowed by the court to ensure that the landlord makes repairs of serious and dangerous defects which exist within or as part of any residential dwelling unit, or upon the property used in common of which the dwelling unit forms a part. The defects are those which present a substantial and serious threat of danger to the life, health and safety of the occupants of the rental unit.
• Tenants and Foreclosure Procedure in Maryland: Are you a tenant and have you received a notice that the landlord and the property you are living in is currently facing foreclosure? You now have rights. The Protecting Tenants at Foreclosure Act of 2009 (PFTA) provides safe guards to renters who are considered “bona fide” the right to stay in the property after foreclosure either for the rest of the lease term or upon receiving 90 days notice to vacate from the new owner. You must respond and be proactive in asserting your rights. A “bona fide” tenant under PFTA is any tenant at a residential property who began renting the property before the foreclosure transfer of title, if he/she meets 3 criteria:
  • The tenant is not the borrower, or the child, spouse or parent of the borrower
  • The lease was the result of and “arms-length” transaction
  • The rent paid is close to a fair market rate OR the rent is reduced or subsidized by a federal, state or local program
  If the tenant is not “bona fide” then he/she may be evicted by a motion for and entry of a judgment of possession without 90 day notice required under PFTA. The tenant is still entitled to all notices in Maryland and Baltimore City law.

  Resolution of Code Enforcement Issues

  Attorney Richard Lebovitz will meet with individual clients to discuss and review issues involving receipt of citations or law suits from cities, municipalities or home owner associations. He can negotiate with code enforcement officers, property managers and attend hearings in court to attempt to resolve these issues.

  Property Tax and Assessments

  Attorney Richard Lebovitz will represent clients in property tax assessment appeals. He can work with homeowners, appraisers, real estate agents and tax assessors to help reduce property taxes for our clients.

  Loss Mitigation

  Have you been laid off, injured on or off the job or has your home value dropped below the value of your mortgage? Attorney Richard Lebovitz can schedule an appointment and discuss your options. These are called Loss Mitigation Strategies. There are many state and Federal agencies and programs available to help you and he can aid in the navigation of your options.

  When you fall behind on your mortgage payments and the mortgage lender/servicer starts to contact you and send threatening letter, you do have options. These are called Loss Mitigation Strategies and may include one of the following: loan forbearance, repayment plan, loan modification, and cash for keys or deed in lieu of foreclosure. Richard Lebovitz can review your loan history and financial statements to suggest the best course of action. Options to consider include:

  • Loan Modification under Home Affordable Modification Program (HAMP)
  • Workout agreements
  • Forebearance agreements
  • Short Sales
  • Deeds in Lieu of Foreclosure
  • Cash for Keys

  Richard Lebovitz may review your loan history and financial statements to suggest the best course of action. THis would include income from employment, investments, rentals or remaining equity in your home. You may be eligible for the Free Services provided by the Government under the Making Home Affordable Program. This is part of the Obama Administration’s broad, comprehensive strategy to get the economy and the housing market back on track. The Making Home Affordable Program offers two different potential solutions for borrowers: (1) refinancing mortgage loans, through the Home Affordable Refinance Program (HARP), and (2) modifying mortgage loans, through the Home Affordable Modification Program (HAMP). These programs help to reduce your monthly mortgage payments to make them more affordable. If you are scheduled for foreclosure, contact your mortgage lender or a housing counselor immediately. Your mortgage lender may postpone the foreclosure while your loan is evaluated.

  Richard Lebovitz can work with you, your mortgage lender and your housing counselor to assist you in obtaining a better deal and review any documents requested from the mortgage company and any agreements reached prior to your signing them. It makes sense to have your attorney review your documents and to explain any legalese languange you do not understand.

  How do I apply for a modification under HAMP?

  If you meet the general eligibility criteria for a modification under HAMP, you should gather the financial documentation that your servicer will need to determine if you qualify. Once you have this information, you should contact your servicer and ask to be considered for a modification under HAMP. The servicer’s phone number and email address is on your monthly mortgage bill or coupon book. If your loan is current, please be patient as it may take some time before servicers are able to process all applications. However, servicers immediately can begin reviewing the eligibility of borrowers. If you would like to speak to a housing counselor you can call 1-888-995-HOPE (4673). HUD-approved housing counselors can help you evaluate your income and expenses and understand your options. This counseling is FREE. If you have already missed one or more mortgage payments and have not yet spoken to your servicer call them immediately.

  What information and documents will I need?

  It will help your loan servicer and speed processing of your application if you gather some information and documents before you call. For all borrowers on your loan, you will need:

  • Information about monthly gross income, including recent pay stubs, if the borrowers are salaried and receive them, and documentation of any income received from other sources
  • Most recent income tax return
  • Information about assets.
  • Information about any subordinate lien mortgage on the house.
  • Account balances and minimum monthly payments due on all credit cards.
  • Account balances and monthly payments on all other debts such as student loans and car loans.
  • A letter describing why your mortgage is unaffordable (i.e. what caused your income(s) to be reduced or expenses to be increased).

  How long will borrowers have to enter into a HAMP modification?

  HAMP expires on December 31, 2012. Your trial modification must be in place by that date.

  My loan is scheduled for foreclosure soon. What should I do?

  If you are at risk of foreclosure, participating servicers may not proceed with a foreclosure sale until you have been evaluated for a modification under HAMP, and, if eligible, offer you a trial modification. However, borrowers whose loans have been scheduled for foreclosure or any borrower that has missed one or more mortgage payments and has not yet spoken to their servicer should contact them immediately. Borrowers may also contact a HUD-approved housing counselor by calling 1-888-995-HOPE (4673).

  How low can my interest rate go?

  The U.S. Treasury is providing incentives to your loan servicer to write the interest down to as low as 2 percent, if necessary to get to a payment that you can afford. Each borrower’s interest rate will only be reduced to a point sufficient to get the modified payment to equal 31% of the borrower’s gross monthly income. Not all borrowers will need a rate reduction to 2 percent in order to achieve a monthly mortgage payment that is affordable.

  What happens if that is not enough to get to an affordable payment?

  If a 2 percent interest rate does not result in a payment that is affordable (no more than 31 percent of your gross monthly income), your loan servicer may extend your payment term up to 40 years, offer a principal forebearance or defer a portion of the principal amount you owe until the maturity of the loan (However with a forbearance, you will still owe the principal; but repayment is deferred until a later date). A portion of the principal could be also be forgiven. This is optional on the part of the servicer. However there is no requirement for principal forgiveness and there is no guarantee that your loan servicer will offer principal forgiveness. They favor interest rate reductions and term extensions to make your monthly payment affordable.

  Could I end up with a balloon payment?

  Yes. If your servicer determines that a principal forbearance is required to get your monthly mortgage payment to an affordable level, the principal forbearance amount, say for example this was $20,000, would be subtracted from the amount used to calculate your monthly mortgage payment, but you would still owe the money. You would have a $20,000 balloon payment that accrues no interest and was not due until you paid off your loan, refinanced or sold your house.

  What happens if I am unable to make payments during the trial period?

  Borrowers who are unable to make three payments by the end of the trial period are not eligible for a modification under HAMP. However, you may be eligible for other foreclosure prevention options offered by your loan servicer.

  I owe more than my house is worth. Will a modification under HAMP reduce what I owe?

  The primary objective of the Making Home Affordable Program is to help borrowers avoid foreclosure by modifying troubled loans to achieve a payment the borrower can afford. Loan servicers are not required to offer a reduction on the principal amount. They favor interest rate reductions and term extensions to make your monthly payment affordable.

  I have an FHA loan. Can it be modified under HAMP? Are all loans eligible?

  Most loans are eligible for a HAMP modification. The Obama Administration is working with FHA and VA on a program that would provide for modifications similar to HAMP in the near future. FHA and VA loans are currently being modified under other programs to help borrowers remain in their homes.

  >Beware of Foreclosure Rescue Scams

  • Scam artists often target homeowners who are struggling to meet their mortgage commitment or anxious to sell their homes. Recognize and avoid common scams.
  • Assistance from a HUD-approved housing counselor is FREE. Beware of anyone who asks you to pay a fee in exchange for counseling or a loan modification.
  • Beware of people who pressure you to sign papers immediately.
  • Do not sign your deed over to anyone unless you are working directly with your mortgage lender to forgive your debt.
  • Beware of anyone who says they can “save” your home if you sign or transfer over the deed to your house. Do not sign over the deed to your property to any organization or individual unless you are working directly with your mortgage company to forgive your debt.
  • Never make a mortgage payment to anyone other than your mortgage lender without their approval.