NEW YORK ASSET TESTS

From the Empire Justice Center comes a report on the issue New York residents face when they have accumulated some assets but then fall below the poverty line; after they apply for public assistance, they are forced to empty their accounts before they apply.

See Driven into Poverty: How New York's Asset Tests Keep People Poor

NEW RULES WITH CREDIT REPORTING AGENCIES

Last month,  Attorney General Eric T. Schneiderman announced a settlement with the three leading national credit reporting agencies, Experian, Equifax and TransUnion, in order to assist consumers:

1. Transform the automated credit dispute resolution process to specially trained employees.

2. Establishing a six month waiting period before reporting medical debts on a credit report.

3. Removing medical debts from a credit report after the debt is paid by insurance.

4.  Publicizing the availability of free yearly credit reports from each agency (also have to provide a free report to consumers who experience a change in their credit reports after initiating a dispute).

The full announcement can be found at this link:

http://www.ag.ny.gov/press-release/ag-schneiderman-announces-groundbreaking-consumer-protection-settlement-three-national

LAWYERS BEING SCAMMED?

Everyday, I receive an email or two sent to "undisclosed recipients" requesting legal services, usually from someone abroad. I know that they are scams.

The New York State Bar association has recently published this notice:

"Dear Members, Please be aware that in recent weeks some of our members have received emails indicating that a potential client has been referred to them by NYSBA’s Lawyer Referral Service. Unless, you have joined our referral service you will not receive referrals from our program. These emails have been coming from Japan and other foreign countries.

Questions about the Lawyer Referral Service can be directed to Eva Valentin-Espinal, LRIS Coordinator (evalentin@nysba.org). "

ON HOMEOWNER'S LATE ANSWER IN MORTGAGE FORECLOSURE

The First Department ruled in favor of the homeowner in HSBC USA v Lugo 2015 NY Slip Op 03070 on April 14 pointing out:

1. The delay was not willful.

2. The delay did not cause any prejudice to the bank.

3. There was a merit to the affirmative defense with respect to standing.

4. Both parties had engaged in settlement talks for almost 2 years.

There was a very strong dissent.

See http://law.justia.com/cases/new-york/appellate-division-first-department/2015/13454-381904-09.html

WHAT SOME LAW STUDENTS, GRADUATES, LAWYERS ARE THINKING

A most interesting forum can be found at this link:

JD UNDERGROUND

ATTORNEYS AND LINKEDIN

The New York County Lawyers Association Professional Ethics Committee on March 11, 2015 issued a "Formal Opinion 780" on attorney LinkedIn profiles.  The decision, states, in relevant part:

“A LinkedIn profile that contains only one’s education and current and past employment does not constitute Attorney Advertising. If an attorney includes additional information in his or her profile, such as a description of areas of practice or certain skills or endorsements, the profile may be considered Attorney Advertising, and should contain the disclaimers set forth in Rule 7.1.” For those of you on LinkedIn, please review your profile. If your profile fits into Attorney Advertising, as defined by the recent ethics opinion, you must include a disclaimer from Rule 7.1 (i.e., “Attorney Advertising. Prior results do not guarantee a similar outcome.”).

The full opinion can be found at this link:

http://www.nycla.org/siteFiles/Publications/Publications1748_0.pdf

LAW DAY 2015

FREE SENIOR LEGAL CLINIC TODAY AT NASSAU COUNTY BAR ASSOCIATION

The next Senior Clinic is scheduled for today 9:30-11am at the Nassau County Bar Association, 15th & West Streets, Mineola, NY 11501.

I will be a volunteer lawyer.

RENTAL REGISTRATION LAW - TOWN OF NORTH HEMPSTEAD

The Town of North Hempstead’s Rental Registration Law requiring landlords to register with the building department was upheld April 7 by the Appellate Division. I could not find the decision on New York Official Reports but here is a link to a news story on it:

http://www.stonybrookconcernedhomeowners.org/rental-registration-law-in-north-hempstead-upheld-by-appellate-division/

ZOMBIE HOMES

"Abandoned Property Neighborhood Relief Act of 2015" relates to the duty of the mortgagee or its loan servicing agent to maintain property secured by delinquent mortgage.

The Assembly proposed bill was referred to the Judiciary Committee and the Senate Bill to the Housing Committee.

See

http://open.nysenate.gov/legislation/bill/A6932-2015

http://open.nysenate.gov/legislation/bill/S4781-2015

NATIONAL HEALTHCARE DECISIONS DAY

Today is National Healthcare Decisions Day. Have you had a talk about advance care planning with your loved ones?

Free information, forms, tools, and an incredible video are at: www.nhdd.org

IT IS TAX TIME

FORBES - What To Do When You Can't Pay Your Tax Bill In Full

AN AWARD

MORE FROM NASSAU LAWYER

ALSO FROM NASSAU LAWYER

FROM NASSAU LAWYER

CAN AN AGREEMENT BE ESTABLISHED THROUGH EMAILS?

See Kolchins v Evolution Mkts., Inc., 2015 NY Slip Op 02863, Decided on April 2, 2015, Appellate Division, First Department. Renwick, J. which can be found at this link:

http://www.nycourts.gov/reporter/3dseries/2015/2015_02863.htm
One attorney has suggested that the following language be inserted in emails during any negotiation:

“In the event this e-mail/letter contains terms of a proposed agreement to be formalized in a later written agreement, or a later stipulation under CPLR 2104, notice is hereby given that this e-mail/letter shall not constitute a legally binding agreement, nor shall our client be deemed to have agreed to the terms proposed herein, absent a later duly executed and acknowledged written agreement, or stipulation in accordance with CPLR 2104.”

CPLR 308 - SERVICE BY FACEBOOK

This just came to my attention:

In Noel B. v. Anna Maria A. (N.Y. Fam. Ct. Sept. 12, 2014), the court allowed substituted service, specifically service by via the Facebook social networking service.

The full decision: http://nylawyer.nylj.com/adgifs/decisions14/091714gliedman.pdf

REAL ESTATE FORMS

Some title companies have posted helpful real estate documents and forms on their websites.

Here is one:

http://www.judicialtitle.com/resources/forms/

HOLIDAY GREETINGS

NASSAU COUNTY BAR ASSOCIATION ACCESS TO JUSTICE HONOREES

From last night's reception - I am in the middle of the fourth column - a testament to the number of attorneys in Nassau County performing pro bono service.

NON-RESIDENT NEW YORK ATTORNEYS MUST HAVE OFFICE IN NEW YORK

New York law requires attorneys who practice in the state but live elsewhere to maintain physical office space in New York. The decision of the Court of Appeals can be found at this link:

https://www.nycourts.gov/ctapps/Decisions/2015/Mar15/39opn15-Decision.pdf