Thursday, August 28, 2014

HAPPY LABOR DAY


Wednesday, August 27, 2014

THE SECOND DEPARTMENT AND RECENT RELOCATION REQUESTS

Compare Matter of Hall v Hall 2014 NY Slip Op 04487 Decided on June 18, 2014 Appellate Division, Second Department (Relocation with single child to Georgia allowed - mother had remarried and child blended into new family) with Matter of Haughton v Tsang 2014 NY Slip Op 04488 Decided on June 18, 2014 Appellate Division, Second Department (relocation of two children to Florida denied - limited facts).

Tuesday, August 26, 2014

HOPE LOAN PORT - MORTGAGE FORECLOSURE AND MODIFICATIONS

"Hope LoanPort® (HLP) is a neutral, national, and non-profit utility providing technology-based solutions that facilitate transparency, accessibility, consistency of treatment and a superior experience to consumers and their advocates in pursuit of foreclosure alternatives and affordable home loans in underserved markets. Use of HLP is free for the authorized HUD-approved nonprofit housing counselors working on behalf of the homeowner. For mortgage servicers, homeowners and their advocates, HLP is an established communication and processing platform dedicated to providing homeowners with a neutral assistance option. HLP is regularly updated to facilitate compliance with evolving Federal and Investor assistance programs and servicing guidelines. HLP's secured web-based portal includes real time messaging between counselors and servicers, status updates, and electronic document storage."

See https://www.hopeloanportal.org/

Monday, August 25, 2014

MORTGAGE MODIFICATION SCAMS

Earlier this month,  three defendants in New York were charged with engaging in a mortgage modification scheme that defrauded over 8,000 homeowners in all 50 states out of over $18.5 million, in what is believed to be the largest mortgage modification scheme ever charged.

For the story, see http://nationalmortgageprofessional.com/news50934/Loan-Mod-Scheme-Netting-18.5-Million-From-8%2C000-Plus-Victims-Taken-Down

Friday, August 22, 2014

BONA FIDE PURCHASER AND MORTGAGE FORECLOSURE

Supplementing an earlier post, in foreclosure actions, an issue may arise on the effect of possession of an occupant of real property by one other than the seller/vendor on a prospective purchaser's status as a bona fide purchaser. This appears to be a concern in certain foreclosure rescue scams.

The Home Equity Theft Reporter Cases & Articles has compiled a list of New York cases, from trial courts to Court of Appeals:

http://homeequitytheft-cases-articles.blogspot.com/2014/08/new-york-bona-fide-purchaserduty-to_2.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+TheHomeEquityTheftReporterCasesArticles+%28The+Home+Equity+Theft+Reporter+Cases+%26+Articles%29

Wednesday, August 20, 2014

NEW YORK MATRIMONIAL LAW - CHILD CUSTODY & BLENDED FAMILIES

We all know about the Brady Bunch and the perfect blended family - but that was TV and not real life. In the following case, it became one of the factors that led the court to determine that custody should be changed from mother to father:

Matter of Matter of Cheney v Cheney 2014 NY Slip Op 04372 Decided on June 13, 2014 Appellate Division, Fourth Department:

"The record also supports Family Court's determination that, although the child had been outgoing in nature with a sunny disposition, she became withdrawn, sad and subject to emotional outbursts after the mother moved in with her current boyfriend and his three children."