BEST WISHES

 

For the holiday season...a little vacation....see you in 2014!

NEW YORK MORTGAGE FORECLOSURE

Yesterday, I attended a webinar CLE via Empire Justice Center on Ethics in Foreclosure Litigation. Representing homeowners in defending mortgage foreclosure actions in New York can bring up ethical issues just as much as ethical issues arise with attorneys representing the banks (viz., robo signing affirmations now known as the certificate of merit).

I note the recent article from Bloomberg News:

Secret Inside BofA Office of CEO Stymied Needy Homeowners

MORE RE: SUPERSTORM SANDY

As I read today's paper re: payments being made from New York Rising to Long Island homeowners, as I recall the homeowners I consulted with this past Monday at the Nassau County Bar Association's Sandy clinic, I urge homeowners who suffered storm damage to visit the following website for a full list of available resources, etc:

Governor’s office of storm recovery

THE HIGH COST OF LITIGATION

Yesterday I attended an ABA live CLE webinar on focus groups, mock trials, etc. for litigation. Basically, this is a process utilized as one means of preparing for trial, almost like the way previews are used for theater shows or movies: presenting your issues before a mock group to ascertain the strengths and weaknesses of your case, your witnesses, etc.

A quick Internet search revealed there are several organizations that assist counsel in this.

SANDY CLINIC TODAY AT NCBA

Free Consultation Clinics at Nassau County Bar Association on December 16 from 3 to 6 p.m.

THE HIGH COST OF LITIGATION

Recommend an article on another factor that must be considered in litigation - the potential cost of e- discovery. Finished reading "The End of the World as We Know It? The Impact of e-Discovery on Individual Employment Cases" By William D. Frumkin and Elizabeth E. Hunter which can be found in "NYSBA Labor and Employment Law Journal | Summer 2013 | Vol. 38 | No. 2"

The discussion in that article apply to all litigations because as technology takes a part in all aspects of our lives, e-discovery will take a part in all fields of law, whether in matters of litigation or transactions.

ON FORECLOSURES ON LONG ISLAND

One effect of the new August 30 law discussed earlier was the rise in filings of new actions. Another effect of the new August 30 law discussed earlier was the rise in RJI and Attorney Affirmations in shadow docket cases.

Is this another effect:

BLOOMBERG - Long Island Foreclosures Spur Looters Amid Home Limbo

NEW FEE RULES FOR UNEMPLOYMENT CASES

Following yesterday's post, a review of the Unemployment Insurance Appeal Board website homepage notes at the bottom:

"Certain aspects of the Appeal Board’s Attorney Fee Rule, Rule 460.6, [12 NYRR Part 460.6], are no longer being enforced: the definition of benefits allowed and the 20 percent cap on fees. Pending promulgation of a new Rule please refer to Labor Law section 538 and follow the instructions found in the “Certification of Services”, which can be found under the Resource tab on the UIAB website. For further guidance please call the Appeal Board at 518-408-0428"

NEW FEE RULES FOR UNEMPLOYMENT CASES

AT CLE TODAY

On School Law - at the Nassau County Bar Association. I will be able to return calls.

SUPERSTORM SANDY

Homeowners in New York are still facing issues and guidance is still available. The New York State Disaster Case Management Program "is operated by Catholic Charities Community Services, Archdiocese of New York, under the auspices of the New York State Division of Homeland Security and Emergency Services, Office of Emergency Management and funded by the Federal Emergency Management Agency. The program provides relief to those affected by Superstorm Sandy by providing a single point of contact to access services from various social service organizations and to develop an individual recovery plan."

See this link:

http://sandydcm.org/

FOR NEW YORK PRIMARY RESIDENCE HOMEOWNERS

If you currently receive the Basic STAR property tax exemption, please remember you must re-register with the Tax Department to continue receiving the exemption. Registration is fast and easy by going to www.tax.ny.gov or calling 518-457-2036. If you have not already registered, the deadline is December 31,2013. Do not risk losing your Basic STAR exemption by failing to register.

I recently did mine online. It was simple. Again, please go to www.tax.ny.gov or call 518-457-2036 to register.

BANKRUPTCY BASICS

A of review the basics of bankruptcy courtesy of Shenwick & Associates:

Shenwick & Associates - Bankruptcy Basics

FREE CLE

From Nassau Suffolk Law Services:

 

"On Thursday, December 12, 2013, the Suffolk County Bar Academy of Law, in collaboration with the Pro Bono Project and Nassau Suffolk Law Services, will present a free three-credit foreclosure training for volunteer attorneys. The program will be held in the Great Hall at the Suffolk County Bar Association in Hauppauge from 1 p.m.-4 p.m. with lunch served at 12:30 p.m.

 

The program is mandatory for attorneys currently participating in the SCBA Foreclosure Settlement Conference project, but other attorneys who are not in the Project may attend the lecture and receive the MCLE credit, provided they agree to take a foreclosure matter on a volunteer basis. Other topics the program will cover: Foreclosure Trends in Suffolk County; The Settlement Process; The SCBA's Foreclosure Settlement Project. To register call the Academy at (631) 234-5588. 

Also of interest is a new administrative rule signed by District Administrative Judge C. Randall Hinrichs which, effective November 1, 2013, enacts procedures in Suffolk County Supreme Court for the filing of the Foreclosure Action Surplus Monies form to track surplus monies as a result of a foreclosure sale. For more go to:
 http://www.scba.org/post/admord13.pdf"

  

SANDY/FORECLOSURE CLINIC TODAY AT NCBA

Monday, December 2, starting at 3 pm, Nassau County Bar Association will be sponsoring another free Mortgage Foreclosure and Superstorm Sandy clinic.

Nassau County Bar Association, 15^th and West Streets, Mineola, NY 11501, (516) 747-4070 x 203.

 

I will be one of the volunteer lawyers.