NEED HELP?

For attorneys in Long Island, a reminder that The Nassau County Bar Association Lawyer Assistance Program (NCBA LAP) provides free and confidential assistance to all attorneys, judges and law school students who are struggling with alcohol, drug and/or mental health problems or are affected by the problem of substance abuse, stress, or depression.

See this link:

Lawyer Assistance Program - NCBA

 

ENFORCEMENT OF CHILD SUPPORT AND SSI BENEFITS

Thanks to the New York Divorce Report by Daniel Clement, Esq. which alerted me to Sykes v. Bank of America (2d Cir. July 24, 2013) in which the Second Circuit ruled that Supplemental Security Income (SSI) payments cannot be levied against to pay child support payments.

The case can be found at this link:

Sykes v. Bank of America (2d Cir. July 24, 2013)

A REVERSE MORTGAGE NIGHTMARE

That is the title of this newspaper article that was referred to me from The Home Equity Theft Reporter Cases & Articles concerning property in Southhampton, New York:

HARTFORD COURANT - A REVERSE MORTGAGE NIGHTMARE

And according to the email I received from The Home Equity Theft Reporter Cases & Articles:

"Reverse mortgages, even today's friendlier versions that offer upfront counseling, can be hazardous to elderly borrowers' financial health and potentially costly for their heirs. Nearly one in 10 federally-backed reverse mortgages is in default, risking foreclosure for owners. Family members need to be involved from Day One. And stay involved."

NEW YORK - DEBT COLLECTION

Regulations proposed by the Department of Financial Services have been proposed regarding debt collection practices. See this link for further information: http://www.newsobserver.com/2013/07/25/3056682/ny-proposes-new-rules-on-debt.html 

WAIVING OBJECTIONS TO DISCOVERY COMPLIANCE

A link to an interesting post on an issue I am currently facing:

Creedon Gill: Waive Discovery

MORE RE: STATEMENT OF CLIENT RIGHTS & DUTIES

For those in New York, there is an excellent article on page 15 of the New York State Bar News (July/August 2013) by Mark Mahoney explaining the changes to the Statement of Client's Rights and Statement of Client's Responsibilities.

Note the following:

"Among the changes to the list of 10 client responsibilities are (1) Revised language stating that clients 'should' have a candid relationship with their attorneys, rather than 'must. Earlier language implied that it was unlawful for a client to lie or withhold material information"

Comments or thoughts...especially when that material information is critical to the matter the attorney is handling?

SAVING YOUR HOME FROM FORECLOSURE

A video presentation offering practical tips and advice for homeowners facing mortgage foreclosure from the New York State Bar Association:

http://204.8.127.102/peopleslaw/SaveYourHome.htm

FROM LEVITTOWN COMMUNITY COUNCIL

MORE ON SUPERSTORM SANDY

I still speak to homeowners who are still in temporary housing because of lack of funds, income, etc. to repair their homes.

For those homeowners, be advised that HUD is relaxing a rule regarding grant funds and here is a link to a press release from Senator Gillibrand:

http://www.gillibrand.senate.gov/newsroom/press/release/schumer-gillibrand-announce-hud-to-provide-additional-flexibility-to-sandy-victims-who-declined-govt-loans-immediately-after-superstorm-sandy-senators-pushed-for-rule-change-to-allow-for-maximum-sandy-aid-

NEW YORK - DIVORCE CLE ON JULY 23

I pass this link for a CLE which I am hoping to attend sponsored by the Nassau County Bar Association and the Nassau County Coalition Against Domestic Violence:

https://www.nassaubar.org/Admin/CMS/SpecialPages/EventPages/Overivew_Domestic_Violence_Legal_Issues.pdf

I find particularly interesting that portion of the CLE that will address collateral issues that arise in divorce such as consumer issues, landlord and tenant and public benefits.

NEW YORK - MORTGAGE FORECLOSURE AND SOCIAL SECURITY

I pass along this link to a post from the Empire Justice Center regarding the effect of mortgage foreclosure on social security benefits:

EJC - Foreclosure Guidance Provided

In-kind support and maintenance (ISM) is unearned income in the form of food or shelter, or both. The Social Security Act considers ISM, along with other forms of unearned income, when determining supplemental security income (SSI) eligibility and payment amounts.

NEW YORK STATE UNEMPLOYMENT INSURANCE - MISCONDUCT

A recent decision from the Third Department should be noted by counsel for Claimants (and perhaps a direction for counsel to Employers.

The case is Matter of Lopresti (Commissioner of Labor) 2013 NY Slip Op 05035 Decided on July 3, 2013 Appellate Division, Third Department and I note the following quote:

"Even where an employee has been fired for legitimate reasons, the [*2]"behavior may fall short of misconduct and, therefore, he or she may still be entitled to receive benefits" (Matter of Dunham [Commissioner of Labor], 68 AD3d 1328, 1329 [2009]; see Matter of Clum [All-Lifts, Inc.— Commissioner of Labor], 51 AD3d 1171, 1172 [2008]). Although a knowing violation of an employer's established policies that has a detrimental effect on the employer's interests can constitute disqualifying misconduct (see Matter of Spierto [Commissioner of Labor], 78 AD3d 1365, 1365 [2010]; Matter of Clum [All-Lifts, Inc.—Commissioner of Labor], 51 AD3d at 1172; see also Matter of Briskie [Commissioner of Labor], 98 AD3d 786, 786-787 [2012]), we find that claimant's misconduct in this case did not rise to a disqualifying level. While we do not quarrel with the Board's finding that claimant violated the employer's established policies, which provided a basis for terminating her employment, the hearing testimony reveals that claimant's actions were in keeping with a longstanding practice that was at least partially condoned by her former supervisor and were necessary because claimant did not have check writing authority. Moreover, inasmuch as she was terminated immediately after her new supervisor learned of this practice, claimant was unable to demonstrate her willingness to reform her conduct consistent with this supervisor's expectations. Significantly, the record is devoid of any evidence that claimant misappropriated program funds or that her actions were detrimental to the employer. As a result, even though claimant's transgression provided justification for her termination, we cannot conclude on the record before us that substantial evidence supports the Board's decision to disqualify her from receiving benefits (see Matter of Spierto [Commissioner of Labor], 78 AD3d at 1366; Matter of Dunham [Commissioner of Labor], 68 AD3d at 1329-1330)."

AT A HEARING TODAY

Unemployment Insurance hearing - the issue misconduct - representing Claimant.

SIGNIFICANT PENDING CASES RE: REVERSE MORTGAGES

As I mentioned earlier, there was a CLE sponsored by Empire Justice Center on Wednesday regarding reverse mortgages - a product that appears to be heavily promoted once again.

There are two spending cases on reverse mortgages that all should be aware of:

Robert Bennett, et al., vs. Shaun Donovan HUD 703 F.3d 582 (D.C. Cir. 2013) - The right of a Non ‐Borrowing Spouse to assume a FHA reverse mortgage closed solely in the name of a now deceased spouse

Chandler vs. Wells Fargo (U. S. Dist CT ND Cal) - The right of an heir to purchase the property of a now deceased reverse mortgage recipient for the lesser of the loan balance or current market value.

The AARP has also taken an interest in these cases and a discussion, etc. can be found at the AARP
website at:

AARP Foundation Legal Advocacy - Docket Housing

SPONSORING LEVITTOWN LOCAL COMMUNITY EVENT

My office is one of the sponsors of The Levittown Community Council’s annual Lazy Days of Summer Picnic - it will be held at the East Village Green on Jerusalem Avenue on July 13 from 11 a.m. to 4 p.m. There will be free entertainment and many fun activities including pony rides, a petting zoo, relay races and crafts. For more information, see this link:

Levittown Community Council to Host 16th Annual 'Lazy Days of Summer'

CLE ON DOMESTIC VIOLENCE & DIVORCE

July 16 and July 23 at Nassau County Bar Association. See this link:

An Overview of Domestic Violence and Legal Issues

ON BULLYING

A federal government website managed by the U.S. Department of Health & Human Services provides information from various government agencies on what bullying is, what cyberbullying is, who is at risk, and how you can prevent and respond to bullying. Here is the link:

http://www.stopbullying.gov/

FREE CLE ON REVERSE MORTGAGES

On July 10, the Empire Justice Center will be conducting a webinar "Reverse Mortgages: Facts-Myths-Consequences" Contact them for details.

BE SAFE THIS FOURTH OF JULY HOLIDAY

A lot of accidents, injuries, etc. happen during this holiday time so here are some tips:

MSN - Fourth of July Safety Tips

REPLACING ZEALOUSNESS WITH CIVILITY

As the former United States Supreme Court Justice Sandra Day O’Connor said, "More civility and greater professionalism can only enhance the pleasure lawyers find in practice, increase the effectiveness of our system of justice, and improve the public’s perception of lawyers."

Yet it appears that there are clients and/or attorneys that still insist upon agressiveness. Anthony E. Davis, of Hinshaw & Culbertson LLP, authored the article "Replacing Zealousness With Civility," in the September 4, 2012 edition of The New York Law Journal and discussed reasons for preferring civility over zealousness from several perspectives.

MORE ON NATIONAL MORTGAGE FORECLOSURE SETTLEMENT

From USA Today on June 25:

USA TODAY - Foreclosure settlement a billion-dollar bust