Wednesday, November 27, 2013

FOR THE STORY OF THANKSGIVING.....

For the "legal" history of Thanksgiving, read the following from the National Archives website:

Congress Establishes Thanksgiving

Tuesday, November 26, 2013

SMALL BUSINESS CHECKLIST

Here is a link to a checklist entitled Small Business Fundamentals from Thomas Gallo, CPA:

From Cohen Greve & Company CPA - SMALL BUSINESS FUNDAMAENTALS 

Friday, November 22, 2013

NEW YORK DIVORCE - FINANCIAL ABUSE

Recently, there was a segment on the Today show entitled 1 in 10 say they are being financially bullied by a spouse or partner:

TODAY.com: 1 in 10 say they are being financially bullied by a spouse or partner

Financial bullying may also be  known as, in matrimonial law, economic abuse rising to the level of a form of, or part of a pattern of, domestic violence. I have seen case law on this, have raised this issue on pendente lite motions, and refer to the following 2011 article from the NYSBA Journal which can now be found on the New York Courts website:

NYSBA JOURNAL - Economic Abuse 2011

Thursday, November 21, 2013

ON NEW YORK'S NEW FORECLOSURE RULES

Question -  is there a connection with the new foreclosure rules and the rise in foreclosure filings?

NY POST - Year of foreclosures for Westchester County

I welcome comments on this.

Wednesday, November 20, 2013

MORE RE: SUPERSTORM SANDY

I pass along this news item regarding homeowners with rejected FEMA claims due to "earth movement" for relief under NY Rising:

NEWSDAY - Officials: Sandy victims with rejected insurance should apply to state

But note the caveat if you have already applied for an SBA loan:

NEWSDAY - SBA loans keep Sandy recipients from NY Rising aid

Tuesday, November 19, 2013

PART 137

The New York State Court System has established a Statewide Fee Dispute Resolution Program (FDRP) to resolve attorney-client disputes over legal fees through arbitration (and in some cases mediation).

For more information, see this link:

NY Attorney-Client Fee Dispute Resolution Program

Monday, November 18, 2013

AT A CLE TODAY

I will be attending an all day CLE on updates in New York matrimonial law but I will be able to return calls and I will be checking email during breaks.

Wednesday, November 13, 2013

ON NEW YORK'S NEW FORECLOSURE RULES

The change in the foreclosure rules was designed in part to address the long foreclosure process in New York, here described as the "1000 day nightmare" in a 2012 article from Banking New York:

http://www.bankingny.com/portal/Features/tabid/71/newsid413/2550/Default.aspx

Tuesday, November 12, 2013

ON NEW YORK'S NEW FORECLOSURE RULES

Does the following statement apply to all homeowners in foreclosure (taken from AARP November magazine):

"In a state previously riddled by a lengthy foreclosure process, a law that took effect Aug. 30 has begun to shorten the duration and help homeowners avoid snowballing interest charges and penalties.
Backed by AARP New York, the law requires lenders to file certification paperwork at the same time they file a foreclosure suit, which speeds up cases and gives thousands of New Yorkers a better chance at affording a settlement. Additionally, the measure reduces blight from “zombie foreclosures” when legal delays prompt people to walk away from their homes.
New York’s foreclosure process previously averaged nearly three years—the longest in the nation—with about 25,000 unresolved cases statewide."

A link to the article can be found here:

AARP - Mortgage Relief to Avoid Delays

Monday, November 11, 2013

VETERAN'S DAY


My father Albert Probstein. Fought in the Pacific in WWII including Okinawa.

Friday, November 8, 2013

A DEED SCAM ALERT FROM NASSAU COUNTY CLERK

County Clerk Warns Residents About “Deed Scam”

Unfortunately, the Nassau County Land Viewer does not have a searchable data base for deeds, mortgages, etc. Many counties do have such land viewers, including NYC, where deeds and other recording instruments, can be searched and viewed.

Wednesday, November 6, 2013

CHANGES IN REVERSE MORTGAGES

This took effect in October: many believe although the purpose was to prevent defaults on seniors not paying property taxes, the HECMs (Home Equity Conversion Mortgage) are now costlier, smaller and complicated. Here are some articles that discuss these issues:

http://www.reuters.com/article/2013/09/10/column-miller-mortgages-idUSL2N0H615C20130910

http://www.dailyherald.com/article/20131102/entlife/711029967/

Monday, November 4, 2013

SANDY/FORECLOSURE CLINIC TODAY AT NCBA

 Monday, November 4, starting at 3 pm, Nassau County Bar Association will be sponsoring another free Mortgage Foreclosure and Superstorm Sandy clinic.

Nassau County Bar Association, 15th and West Streets, Mineola, NY 11501, (516) 747-4070 x 203.
 
I will be one of the volunteer lawyers.

Friday, November 1, 2013

AT CLE TODAY

NYSBA - Matrimonial Trial Institute - Mock Financial Trial