SUPERSTORM SANDY CLINIC

Bellmore Hurricane Sandy Relief and Resource Fair- today - Thursday, May 23 from 4 p.m. to 6 p.m. Although the fair is an all-day event, please note that Nassau County Bar Association will be providing legal consultations only from 4 p.m. to 6 p.m. (I should be attending as a volunteer lawyer).

The fair will be held at the Bellmore Knights of Columbus, 2333 Bellmore Avenue, Bellmore NY.

Hurricane Sandy Relief & Resource Fair

FROM MAY 2013 NASSAU LAWYER

HOW TO HANDLE A DIVORCE

Earlier this month, I received an email from matrimonial attorney Daniel E. Clement with an interesting article and here is a link:

New York Divorce Report - May 2, 2013 - 10 Things NOT To Do in a Divorce

From my experience, I would also add this:

1. If you have children who are living with you and you are engaged in a new relationship, do not have your new partner move in with you during the divorce process - and even after the divorce, consider the children and the effect on them.

2. Divorce, and for that matter any litigation, can be stressful. Obtain mental health support from a professional.

SANDY CLINIC TODAY

At the Nassau County Bar Association - I will be a volunteer lawyer. For more information, see this flyer:

NCBA - SANDY CLINIC MAY 20 FLYER

FOR NASSAU COUNTY RESIDENTIAL SALES

Here is a useful tool for counsel representing home buyers in Nassau County. Nassau County now has a "School Tax" estimator - which will be a better tool than any representation Seller may make regarding the last tax bill:

Nassau County School Tax Estimator

MORE ON SUPERSTORM SANDY

And as a follow up to yesterday's post regarding mechanic's liens and out of state contractors, see this link:

NYS DFS - BEWARE OF HOME SCAMS

FOREIGN CORPORATIONS DOING BUSINESS IN NEW YORK - LIEN LAW

From a discussion on a listserv.........

A question arose regarding one's client, a foreign corporation. A foreign corporation doesn't necessarily mean a corporation from another country: it means one organized in another state. So despite the GW Bridge, a New Jersey corporation in Fort Lee that travels 10 minutes to do some work on 181st Street in Manhattan is a foreign corporation.

The NYS Attorney General Office has a memo on their website as to the requirement of why foregin corporations that do business in New York need to file an autrhorization, etc. A link to it is here:

http://www.dos.ny.gov/cnsl/do_bus.html

An excellent memo and the bottom line, as it states: “The consequence of doing business without authority is that the organization may not affirmatively use New York courts until it obtains authority and pays all arrears in fees, penalties, and taxes.”

I do many consultations with Superstorm Sandy victims. One of the many issues we are now facing is foreign (out of state) contractors who came in and did repair work, charged high prices, etc. Besides all the issues of home improvement licenses, breach of contract, shoddy work, etc., there is one other issue: granted these foreign contractors may not be able to sue for large balances allegedly due because they were not authorized to do business in NY but there is nothing in the Lien Law that prevents them from filing a mechanics lien.

And that’s what we have – homeowners with liens filed from foreign contractors – some of these homeowners are elderly too and get anxious when their mortgage free home has a lien put on it. And removing the lien can take time and run into legal fees, even assuming they are defective on their face.

So although foreign corporations not authorized to do business should not do business in NY – they do.

 

LANDLORD/TENANT COURT NASSAU COUNTY

Today I will be in Nassau County Landlord and Tenant Court as part of the Landlord/Tenant Project's Attorney of the Day Program, which assists thousands of men, women and children in court to prevent homelessness. To take advantage of this program, and assuming you meet income eligibility standards, when you appear on the return date of your summary proceeding, wait for the calendar call, and then when your name is called, advise the clerk you are requesting a lawyer. The clerk will send you to a room, where information will be taken regarding your income, etc., and if you are eligible, an attorney will represent you.

ATTENDING A CLE

Another one today - and again confirming the high cost of litigation.

MORTGAGE FORECLOSURE

Some recent cases have been reported to me which present issues to homeowners in foreclosure.

First, in March 2013, Wells Fargo Bank N.A. v. Meyers, New York State Supreme Court, Appellate Division, Second Department, No. 2011-00482 eversed a Brooklyn judge’s 2011 decision throwing out a foreclosure and ordering $15,000 in sanctions against lender HSBC, saying the judge had abused his discretion by consulting the Internet and newspapers for evidence of “robosigning.”

ATTENDING CLE

Successful Strategies For Winning Commercial Cases - Thursday, May 9 - at the Nassau County Bar Association.

MORE ON SUPERSTORM SANDY

Newsday reports today that homes damaged and contents lost to superstorm Sandy that are not covered by insurance totaled just over $3 million for nearly 400 Long Island households and that
number represents "just a fraction" of people still in need.

See NEWSDAY - Aid group:$3M in Sandy damage not covered

The various consultations I have had reveal that the legal matters this still creates, in addition to the insurance disputes, include disputes with contractors, disputes with banks over insurance settlements, mortgage foreclosure as well as family disputes (including matrimonial matters).

REAL ESTATE CLOSING - NEW TAX FORM

The NYS Department of Taxation and Finance put a revised TP-584 into effect on April 15, 2013 and I am advised that the old form will be good in most New York counties until various dates in June  2013.

The changes from the current form to the revised TP-584 are as follows:

1. DTF has added new check boxes on Page 1, Schedule A for grantors or grantees, which are single member LLCs. If the grantor or the grantee is a single member LLC, then the member's name and Tax Identification or Social Security Number must be entered on the form.

2. DTF now requires the entry of the six digit Statewide Information System Code number (SWIS Code) on the property description. The SWIS Code number should appear on the property's tax bill. If not, your examiner or searcher can obtain it from the County Assessor's Office.

3. A conveyance pursuant to a divorce or separation must be indicated on the new form be checking box "r" under "Condition of Conveyance".

4. In all counties where documents are recorded in the County Clerk's Office, including Richmond County, checks in payment of the transfer tax must be made payable to the County Clerk. In the counties OF NYC, checks must be made payable to the NYC Department of Finance.

A copy of the new form is at this link:

http://www.tax.ny.gov/pdf/current_forms/property/tp584_fill_in.pdf

The instructions are at this link:

http://www.tax.ny.gov/pdf/current_forms/property/tp584i.pdf.

MORTGAGE FORECLOSURE CLINIC TODAY MAY 6 AT NCBA

I will be a volunteer lawyer today:

"Nassau residents caught in the growing mortgage foreclosure crisis can have their questions answered by attorneys at a free clinic sponsored by the Nassau County Bar Association at the NCBA headquarters, 15th and West Streets, Mineola, NY. Attorneys have volunteered to provide one-on-one guidance, advice and direction to any Nassau County homeowner who is concerned about foreclosure matters or is already in the foreclosure process involving property in Nassau County.

Attorneys have volunteered to review individual foreclosure issues with Nassau homeowners, help them sort things out, and give advice or refer them to agencies and programs, right in the same room, that may be able to help. This is not legal representation. The attorneys will help the homeowner find out if indeed, they need a credit counselor or a lawyer, and get them in touch with available resources.

In addition to meeting one-on-one with a volunteer attorney, housing counselors, bankruptcy attorneys and representatives from Nassau/Suffolk Law Services -- which provides free legal services for those who meet certain income guidelines -- are on hand to provide assistance.

→ Reservations are required by calling the Bar Association at 516-747-4070. Please bring your mortgage documents. Attorneys fluent in other languages are available upon request when reserving.

All clinics are 3-6 p.m. and are held at the Nassau County Bar Association in Mineola."

TAX FORECLOSURE

"All states have laws that permit local governments to sell property through a tax lien foreclosure process if the owner falls behind on property taxes or other municipal charges.

A tax lien sale may be started over nonpayment of a tax bill of only a few hundred dollars. A $200,000 home may be sold at a tax lien sale for $1,200 and then quickly resold for a huge profit.

Homeowners may lose not only a homestead but also hundreds of thousands of dollars in equity. This equity may represent their sole savings and security for retirement. As a result, foreclosures related to tax lien sales may destabilize entire communities".

For a more detailed discussion, resports, etc. go to:

The Other Foreclosure Crisis - Property Tax Lien Sales

TAX FORECLOSURE

With respect to Tax Lien foreclosures, there is an ongoing investigation on bid rigging or fraud related to municipal tax lien auctions, one of which resulted in a recent plea of guilty in New Jersey:

New Jersey Investor Pleads Guilty for Role in Bid-Rigging Scheme at Municipal Tax Lien Auctions

TAX FORECLOSURE

I have had recent consulations on this issue and it is best described in this article from last June:

The other foreclosure crisis: Losing a home over $400 in back taxes - CNN MONEY

NEW YORK DIVORCE - CHILD CUSTODY & SUPERVISED VISITATION

I point out the following recent case: IN THE MATTER OF THIERRY E. LEW, Appellant, v. DOROTHY M. LEW, Respondent. 2013 NY Slip Op 02076, Appellate Division of the Supreme Court of New York, Second Department. Decided March 27, 2013 - which is quoted in part:

""[A] noncustodial parent is entitled to meaningful visitation. Denial of that right is so drastic that it must be based on substantial evidence that visitation would be detrimental to the welfare of the child" (Matter of Pettiford-Brown v Brown, 42 A.D.3d 541, 542 [internal quotation marks omitted]; see Matter of Walker v Diaz, 95 A.D.3d 1225; Matter of Kachelhofer v Wasiak, 10 A.D.3d 366). Generally, visitation should be determined after a full evidentiary hearing to determine the best interests of the child (see Matter of Feldman v Feldman, 79 A.D.3d 871; Matter of Franklin v Richey, 57 A.D.3d 663, 665; Matter of Pettiford-Brown v Brown, 42 AD3d at 542). "However, a hearing will not be necessary where the court possesses adequate relevant information to enable it to make an informed and provident determination as to the child['s] best interest" (Matter of Peluso v Kasun, 78 A.D.3d 950, 951[internal quotation marks omitted]; see Matter of Feldman v Feldman, 79 AD3d at 871;Matter of Hom v Zullo, 6 A.D.3d 536).

Here, the Family Court did not possess adequate relevant information to determine that supervised visitation with the father, as provided for in the parties' judgment of divorce, was not in the subject child's best interests. Accordingly, the court erred in dismissing the father's petition to enforce the supervised visitation provisions of the judgment of divorce without an evidentiary hearing (see Matter of Sullivan v Moore, 95 A.D.3d 1223; Matter of Riemma v Cascone, 74 A.D.3d 1082; Matter of Pettiford-Brown v Brown, 42 AD3d at 542; see also Matter of Rodriguez v Hangartner, 59 A.D.3d 630, 631).

Moreover, "a court may not order that a parent undergo counseling or treatment as a condition of future visitation or reapplication for visitation rights, but may only direct a party to submit to counseling or treatment as a component of visitation" (Matter of Smith v Dawn F.B., 88 A.D.3d 729, 730; see Matter of Lane v Lane, 68 A.D.3d 995, 997-998; Matter of Thompson v Yu-Thompson, 41 A.D.3d 487, 488). Thus, it was also improper for the Family Court to determine that the father could not file further petitions concerning his visitation rights until he completed, inter alia, therapeutic counseling, anger management classes, and parenting skill classes (see Matter of Smith v Dawn F.B., 88 AD3d at 730; Matter of Lane v Lane, 68 AD3d at 998; Matter of Williams v O'Toole, 4 A.D.3d 371, 372).

Accordingly, the matter must be remitted to the Family Court, Nassau County, for an evidentiary hearing and a new determination of the father's petition."

SANDY CLINIC TODAY

At the Nassau County Bar Association - I will be a volunteer lawyer. For more information, see this link to flyer:

NCBA FLYER SANDY CLINICS

MORE ON SUPERSTORM SANDY

The next Sandy Clinic at the NCBA is Monday April 29, 2013 from 3-6:30. Issues concerning contractors, FEMA , and insurance are becoming more prevalent.

I have seen other issues too in heavily damaged areas - homeowners with houses that were "underwater" prior to Sandy; after Sandy, they were literally underwater.

Now comes the real issue: how much money should one put in to repair a home that has more debt than its value? I have discussed this with several homeowners. Soon I was discovering ads for many homes for sale in storm damaged areas. I later asked some real estate professionals if these sales were taking place: the answer was no.

Today,Newsday came out with a very interesting article about the challenges faced by both Sellers and Buyers and here is a link:

NEWSDAY - Want to live near the water? Do homework