Thursday, July 30, 2015

ON CASH BUSINESSES



A topic that is of special interest in any matrimonial but also useful to know in purchase and sale...from Mark S. Gottlieb CPA, P.C.:

See http://bza.me/?51JI7Q

Wednesday, July 29, 2015

FORECLOUSRE/SANDY CLINIC TODAY AT NCBA


I will be volunteering today, Wednesday, July 29, at the Nassau County Bar Association's free clinic for Mortgage Foreclosure, Bankruptcy and Superstorm Sandy issues. 
 
For more information, contact Nassau County Bar Association, 15th and West Streets, Mineola, NY 11501 at (516) 747-4070

Tuesday, July 28, 2015

NEW RULES ON MORTGAGE EFFECTIVE OCTOBER 3

The Consumer Financial Protection Bureau (CFPB) issued a final rule moving the effective date of the Know Before You Owe mortgage disclosure rule, also called the TILA-RESPA Integrated Disclosures rule, to October 3, 2015. The rule requires easier-to-use mortgage disclosure forms that clearly lay out the terms of a mortgage for a homebuyer.

A copy of the final rule is available here:

http://files.consumerfinance.gov/f/201507_cfpb_2013-integrated-mortgage-disclosures-rule-under-the-real-estate-settlement-procedures-act-regulation-x-and-the-truth-in-lending-act-regulation-z-and-amendments-delay-of-effective-date.pdf

Monday, July 27, 2015

CHANGE IN CUSTODY - RECENT CASE

I have been reading a number of recent cases of custody changes from one spouse to another. This one I found interesting:

Matter of Stones v Vandenberge 2015 NY Slip Op 03546 Decided on April 29, 2015 Appellate Division, Second Department:

"Contrary to the mother's contention, there was sufficient evidence in the hearing record both to demonstrate the requisite change in circumstances and to support the Family Court's determination modifying the 2009 custody order by awarding custody to the father. While it would have been preferable for the court to consider forensic evaluations of the parties and the child in reaching its custody determination, under the particular circumstances of this case, there was ample testimony and documentary evidence upon which the court could determine the best interests of the child. The custody determination has a sound and substantial basis in the record, and we discern no basis for disturbing it."

Friday, July 24, 2015

THE TIME LENGTH OF FORECLOSURES - NEW YORK IS NO LONGER THE LONGEST

This is from a RealtyTrac article in April:

"States with the longest average days to complete foreclosure for foreclosures completed in the first quarter were New York (1,475 days), New Jersey (1,115 days), Hawaii (1,058 days), Florida (975 days), and Kansas (963 days)."

But in July, they reported:

"States with the longest foreclosure timelines were New Jersey (1,206), Hawaii (1,060), Montana (1,028), New York (1,000), and Florida (989)."

See http://www.realtytrac.com/news/foreclosure-trends/midyear-2015-foreclosure-market-report/

Wednesday, July 22, 2015

AN EXAMPLE OF A FULL CUSTODY HEARING AND DECISION WHERE BOTH PARENTS HAVE DRUG HISTORY

C.M. v C.M. 2015 NY Slip Op 50547(U) Decided on April 15, 2015 Supreme Court, Richmond County DiDomenico, J.

Note the length of the trial, number of witnesses, exhibits, etc.:

"The parties' cross custody and child support causes of action were tried before the Court on May 2, 2014; May 8, 2014; May 16, 2014; May 28, 2014; June 5, 2014; September 11, 2014; September 12, 2014; September 24, 2014 and September 26, 2014. Plaintiff Husband testified on his own behalf and called the following witnesses: (1) Sybil M. (paternal grandmother); (2) Vincent M. (paternal grandfather) (3) Mike P. (co-worker); and (4) Mindy M. (sister in law). Husband offered various documents into evidence (Pl. Ex. 1-31) not all of which were received. Defendant Wife testified on her own behalf and called the following witnesses: (a) Plaintiff Husband; (b) Michelina L. (maternal grandmother), (c) Nancy L. (her sister), and (d) Dr. N.G. Berrill (the forensic evaluator). Wife attempted to introduce various documents into evidence. (Def. Ex. A-U) not all of which were received. Judicial notice was taken of, among other documents, all orders and pleadings in the IDV criminal cases previously pending before this Court. (Docket Nos. 40003M2013; 40141M2013; 40078M2012; 40079M2012; 40080M2012; 40081M2012; 40082M2012 and 40093M2012). The attorney for the subject child called Elizabeth C. (the subject child's teacher) as a witness and submitted documents into evidence (AFC Exs. 1-4). Both parties submitted questions for consideration at the in camera examination which was held on October 1, 2014. Written summations were received from all counsel."

Interesting reading.