The housing market in Schuyler County is hot. County clerk Theresa Philbin has seen a significant increase in deeds filed with her office this year, as well as a jump in property values.“People are paying well over the assessed value for their homes at this point, and sales are happening in a matter of days,” Philbin said. “Houses go on the market and they’re sold within days.”
The county clerk said she gets why people would want to move to or vacation in Schuyler County—it’s in the Finger Lakes, near state parks and a national forest.
Land investment firms are interested in the area for all the same reasons. Many of these companies pay cash for land in mostly rural places.
****
Schuyler County attorney Steven Getman is worried residents could be taken advantage of. The purchase does not include a space to be notarized, which would make it challenging to prove the signatures of either party in the event of litigation.
“Many of these buyers are basically throwing out nets to see if they can find an owner who doesn’t understand the real value of their property, or an owner that wants to sell quickly at almost any cost,” Getman said.
He added that cash offers for land are typically 15% to 25% under the assessed value, which could cost landowners thousands.
Terms of the agreement also require the landowner to clear all liens before selling. Getman said that may put people already strapped for cash into debt.
While unsolicited offers like this are legal, Getman warned they shouldn’t be signed without consulting a lawyer.
“The goal here is to understand your rights,” he said. “Talk to an attorney before you sign anything.”
Monday, January 10, 2022
Schuyler County officials want landowners to know their rights when eying cash offers
Monday, January 3, 2022
Second Amendment Legal Update: January 2022
Saturday, January 1, 2022
Schuyler County Proclaims January 2022 as National Trafficking and Modern Slavery Prevention Month
The resolution, submitted to the legislature by the office of County Attorney Steven Getman, designates January 2022 as National Trafficking and Modern Slavery Prevention Month, “to acknowledge the vital role that the people of the United States have in ending human trafficking and modern slavery.” It was passed unanimously by the county legislature at its year-end meeting on Monday (December 27).
According to the resolution, human trafficking and modern slavery have been reported and investigated in each of the fifty states. It calls for “continued partnerships with Federal, State, and local agencies, as well as social service providers and nonprofit organizations to address human trafficking with a collaborative, victim-centered approach; and all other efforts to prevent, eradicate, and raise awareness of, and opposition to, human trafficking and modern slavery.”
According to Getman, the recognition period for National Trafficking and Modern Slavery Prevention Month is because January 1 is the anniversary of the effective date of the Emancipation Proclamation. The month was first federally recognized in 2010.
Getman noted that citizens who suspect an act of human trafficking in their area can report a tip to the National Human Trafficking Resource Center Hotline at 1-888-373-7888. This national, toll free hotline is available to answer calls from anywhere in the country.
A copy of Schuyler County’s resolution is available below:
Tuesday, December 28, 2021
COVID testing site opens in Watkins Glen
Monday, December 6, 2021
Second Amendment Legal Update: December 2021
Monday, November 29, 2021
More new laws in New York: Governor signs bills affecting prisons, youthful offender designation after sentencing
• L 2021, ch 570: Amends the Correction Law to prohibit “double-bunked housing,” “the practice of inmate housing where bunk beds are used in a dormitory setting, with inmates residing in an open space and sleeping on bunk beds.” (Effective Feb. 1, 2022).
• L 2021, ch 557: Establishes a nine-member Commission on Prison Education “to study and develop a plan for improving education in state prisons.” (Effective Nov. 3, 2021).
• L 2021, ch 552: Provides eligible youth with an added opportunity to be designated youthful offenders, by allowing a defendant to seek review five years after sentence was imposed or the individual’s release from incarceration, whichever is later. (Effective Nov. 2, 2021).
The intent of L 2021, ch 570, seems somewhat undercut by the Governor's recent decision to close six prisons.
For more on these new laws, click the links above.
Friday, November 26, 2021
Schuyler County Officials Warn: Be aware of unsolicited property offers. “Know your rights before you sign.”
“Many of these buyers are, basically, throwing out nets to see if they can find an owner who doesn't understand the real value of their property or an owner that wants to sell quickly at (almost) any cost. They may be senior citizens, facing a personal situation that is forcing them to consider selling their real estate. These buyers are often hoping to find sellers willing to sell at 85% or less of the true market value.”
While the offer may be perfectly legal, signing and sending back the agreement, Getman pointed out, would create a binding contract. That contract, Getman said, may obligate the owners to conditions or expenses they did not understand before signing.
“For example, the offer may state the buyer will pay all closing costs, but also require the seller to clear up any liens or encumbrances on the property at the seller’s own expense before the sale,” Getman explained. “That could include mortgages, property taxes or even electric, water and sewer bills. If the sale price does not cover those expenses, the sellers could be left paying out more than they are getting for the property.”
Therefore, property owners should review any documents very carefully and consult an experienced attorney before signing any type of agreement, Getman said.
Philbin and Getman offered several tips to property owners who receive unsolicited offers to buy their land:
• Never sign anything until you are sure you want to move forward.
• Have your own attorney review the document before your sign them. If you do not have an attorney, the New York State Bar Association may be able to refer you to an appropriate attorney via the NYSBA Lawyer Referral and Information Service: https://www.findalawyernys.org.
• Check out the would-be buyer online. If someone is legitimately interested in buying your home, you should be able to retrieve information about them. Look for any red flags such as bad reviews or lawsuits.
• Ask for references. If the buyer will not offer any, something is wrong. If their references are sketchy and cannot be verified, you need to rethink doing business with that person.
• Find out the fair market value of your home before you agree to a price.
• Consider bringing in a real estate professional to represent you and give you a fair opinion of your land’s value. If the buyer is legitimate they should be willing to discuss terms with your agent.
• If selling your property seems like a good idea, do not jump at the first offer made (especially if it represents just a small fraction of the land’s worth).
Finally, if you receive anything in the mail about your property that seems questionable, Philbin and Getman said that you can contact the County Clerk or, in the event of possible criminal activity, local law enforcement.
“Keep in mind that this is often totally legitimate,” Getman said. “The goal here is to understand what you may sacrifice for convenience.”
“Know your rights before you sign,” Philbin said.
The Schuyler County Clerk is responsible for all books, files and other necessary equipment for the filing, recording and depositing of deeds, maps, papers in actions and special proceedings of both civil and criminal nature, judgment and lien dockets and books for the indexing of the same as directed or authorized by law.
The Schuyler County Attorney is the legal advisor for county government and its various officials. The County Attorney prosecutes and defends civil actions on behalf of the county and county employees acting pursuant to their official duties.
Monday, November 22, 2021
Governor Hochul signs new criminal legal system laws
• L. 2021, ch 501: Amends CPL 440.10 to “[p]ermit[] the court to grant post-conviction motions to vacate a judgment when the issue raised upon such motion is ineffective assistance of counsel in certain cases in which the court would otherwise be required to deny the motion.” [Effective 10/25/2021.]
• L 2021, ch 474: Adds Family Court Act 162-a to prohibit the use of restraints on children under 21 in family courts except in limited circumstances. [Effective 10/8/2021.]
• L 2021, ch 486: “Removes the prohibition on individuals convicted of a felony that prevents them from being appointed fiduciary of an estate ….” Previously anyone with a felony conviction was barred from serving as an executor/executrix of an estate; under the new law, a court will still have discretion to declare someone ineligible if the prior felony conviction relates to fraud or embezzlement. [Effective 10/22/2021.]
• L 2021, ch 487: The bill allows individuals under supervision to work night and overtime shifts without being violated for breaking curfew. [Effective 10/22/2021.]
• L 2021, ch 491: “Relates to certificates of relief from disabilities and certificates of good conduct upon discharge.” Individuals can now apply for a certificate at the time of supervisory discharge, instead of having to wait for three years. [Effective 1/20/2022.]
• L 2021, ch 492: “Relates to work related labor protests not being considered a parole violation.” Previously there were no protections for people on supervision to participate in work-related labor protests or lawful labor disputes, strikes, or work stoppages or slowdowns; this bill specifically allows them to do so without being violated. [Effective 10/25/2021.]
• L 2021, ch 494: “Relates to annual reporting on substance use disorder in incarcerated individuals; requires the office of addiction services and supports to monitor programs providing treatment to incarcerated individuals in correctional facilities and provide an annual report.” [Effective 10/23/2021.]
Monday, November 15, 2021
Schuyler County Opposes Hochul Prison Closures
Meeting in special session on Monday (November 15, 2021), the legislature voted unanimously to enact a resolution opposing the planned closure of six prisons across the state by March of next year: Ogdensburg Correctional Facility; Moriah Shock Incarceration Correctional Facility; Willard Drug Treatment Campus; Southport Correctional Facility; Downstate Correctional Facility and Rochester Correctional Facility.
The resolution, drafted for the legislature by County Attorney Steven Getman at the request of Legislator Phil Barnes (R-Watkins Glen) and Chairman Carl Blowers (R-Montour Falls), noted that two of prisons, Southport and Willard, were located in adjoining Chemung and Seneca counties and provided jobs to Schuyler County residents.
Further, the resolution stated, the closure of Willard threatened to “prevent or delay necessary upgrades to the wastewater treatment facilities for Seneca County Sewer District No. 1, which serves (the) Campus as well as Sampson State Park, commercial and residential properties in the hamlet of Willard, the villages of Ovid and Lodi, and users along the east shore of Seneca Lake… potentially endangering the Seneca Lake watershed.”
Finally, the document noted that the state “has recently invested $20 million into operations at Southport, implementing a step-down program to work with the most violent inmates in the state’s prison system to get them ready for reintegration into the general prison population.”
Based on the above, the legislature said it “stands with our brave New York State Corrections Officers, as well as with corrections support staff and their families, whose lives will be devastated by this decision, and other area residents along Seneca Lake and otherwise, and calls for this decision to be reconsidered and reversed immediately.”
At the legislature’s direction, copies of the resolution will be sent by Legislative Clerk Stacy Husted to the Governor, the Acting Commissioner of the Department of Corrections, various other state officials and the legislatures of the adjoining counties, among others.
A complete copy of the draft resolution is available here.
New York’s New Policing Reforms Go into Effect
• New Medical and Physical Fitness Standards and Procedures for Police; andNew procedures related to background checks and a psychological assessment are also included in the new law.
• A New Central State Registry of Police Officers and Peace Officers.
For more information, click here.