Tuesday, April 27, 2010

MORTGAGE FORECLOSURE SETTLEMENT CONFERENCE - NASSAU SUPREME COURT

A view observations from being a Volunteer Lawyer yesterday for Mandatory Settlement Conferences at Nassau Supreme Court:

1. The calendar call was about 70. Again, I would "estimate" that about 10-15% of homeowners attended, with or without attorneys.

2. The clerks are not regularly announcing that volunteer lawyers are available. We are located in the back of the court room at the large table.

3. This is the second time that I did not see a certified housing counselor at the conference.

4. Again, most of the homeowners who sought a volunteer lawyer did not use a certified housing counselor.

5. Several of the homeowners were in foreclosure due to their matrimonial disputes. The foreclosure process cannot be resolved properly if the financial issues of the divorce are unresolved. Only one matrimonial lawyer showed up for his client at the settlement conference, the rest either sent their clients on their own or were not made aware of the foreclosure. It is my opinion that if you are in a pending divorce and in foreclosure, your matrimonial lawyer must also participate in the foreclosure process or retain counsel to assist him or her in the foreclosure, especially if the marital home is the primary asset and/or debt.

1 comment:

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