Housing Court Attorneys

On March 11, 2014, in Landlord-Tenant, by John A. Weber IV, ESQ.

Role of Housing Court Attorneys

Court Attorneys in Landlord Tenant Proceedings

Court Attorneys play a significant role in landlord tenant proceedings where the Respondent is not represented by counsel.  In the interest of judicial economy, landlord tenant cases are only sent before the judge for conference after settlement options have been exhausted.  The Court effectuates this by requiring all eviction cases with pro se litigants to conference the facts of their case with the Court Attorney.

It is important to understand that the court attorney has no authority to make a ruling in a landlord tenant case or force any party to agree to terms that they find to be unsatisfactory.  Every litigant is still entitled to their opportunity to be heard by the presiding judge.  If an agreement is not reached after conference with the court attorney, the case will ultimately be sent to trial.

New York Landlord Tenant Attorney

The Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.  Contact us at (516) 858-2620 to arrange a consultation with a  landlord tenant attorney.

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Mortgage Relief Scammers

The Federal Government appears to be increasing its efforts to protect homeowners from mortgage rescue scammers.  As we reported here, mortgage rescue scammers may attempt to take advantage of homeowners by fraudulent posing as government programs, accepting payments without providing services, or transferring title to the mortgaged premises, among other things.  The scale of this lawsuit, along with the fact that the Federal Government seems to be pursuing these types of cases more frequently, should discourage individuals attempting to pursue such practices.  But the fact that the Government named so many defendants also means that these practices are still probably quite common.  Homeowners should diligently research foreclosure rescue programs before entering any agreements, or making payments.  Read more about the lawsuit here.

Foreclosure Attorneys in Mineola

The Attorneys at the Law Firm of Vaughn, Weber & Prakope, PLLC are experienced in Loan Modification Negotiation and Foreclosure Defense.  If you have questions about these or other legal issues, call our office at 516-858-2620 today to schedule a free consultation.

Divorce Mediation

Mediation can be an affordable alternative to traditional divorce.  The main difference between mediated and traditional divorce lies in the fact that, in mediation, one neutral mediator negotiates an agreement between the spouses.  In traditional divorce, each spouse hires an attorney.  The attorneys represent the interests of their own clients, often taking an adversarial approach to the division of marital resources.  Both paths to divorce result in a legally enforceable agreement.  Spouses must determine for themselves which approach is more appropriate for them, based on their relationship and circumstances.

If a separation is contentious, and the spouses have genuine disputes about the division of assets, the adversarial approach may be the only way finalize the divorce.  But not all divorces need to be contentious.  If spouses can remain civil with one another, mediation can provide a quicker, cheaper alternative to the traditional two-attorney adversarial process.

First, since in mediation the spouses split the cost of one professional, rather than each hiring their own, the cost of the divorce can be dramatically reduced.  Legal fees can easily cost tens of thousands of dollars in a traditional divorce, and can increase if the divorce drags on over time.  Mediators can typically offer a flat rate, comparable to what one attorney would charge for an average divorce.

Second, mediation can be much quicker than a traditional divorce.  As soon as the mediator memorializes the parties’ agreement and files the necessary court papers, the divorce is essentially complete.  The process, then, only needs to last as long as it takes the parties to come to an agreement.  In traditional divorce, the process depends upon court appearances, adjournments, and other administrative delays.  For couples that want finality quickly, mediation might be the way to go.

In addition to these advantages, mediated divorce can be much less stressful than a drawn out battle.  This can be especially advantageous for families.  Understandably, many couples are as concerned with the effect their divorce will have on their children as they are with the effect it will on themselves.  For spouses that can work with each other, mediated divorce can avoid adding unnecessary stress to an already difficult time in a child’s life.

Mediation is not for everyone.  Where real differences exists, mediation will not likely work.  But where couples can put their differences aside for the sake of a speedy and peaceful resolution, mediation might be the best way to separate.

If you would like to explore the option of mediated divorce, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today.  We have experience in divorce and family law, and offer free consultations.  We are located in the heart of Nassau County at 393 Jericho Turnpike, Suite 208, Mineola, NY 11501.

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What You Can(‘t) Do With a Nonprofit

On September 6, 2012, in Corporate, by Jason Mays, Esq.

What You Can(‘t) Do With a Nonprofit

A Senator was recently accused of stealing $30,000 from what’s being called a “sham nonprofit.” Apparently, the nonprofit received money for a “parent workshop.”  The senator allegedly took the money herself, and lied about educating community members.  If these allegations are true, it’s pretty obvious that this behavior was dishonest, and wrong.  You definitely can’t do that with a nonprofit.  But some activities that might seem innocent can also open a nonprofit up to liability.

Like other corporations, nonprofits are governed by bylaws.  Bylaws are a list of procedures or rules that directors must follow when making decisions.  For example, bylaws might require directors to present certain proposed actions to the membership.  If the directors take certain actions without member approval, the directors may be sued.  A court might issue an injunction, stopping the directors from taking those actions.  That could tie up the nonprofit’s assets, or cause the nonprofit to miss out on contracts, grants, or other opportunities.

For this reason, it is always advisable to speak with an attorney if bylaws seem ambiguous.  A qualified attorney can help directors decide what, exactly, they must do before they take action.

The Law Firm of Vaughn, Weber & Prakope, PLLC can advise you on nonprofit bylaws, or other aspects of nonprofit decision-making and governance.  Call 516-858-2620 today for a free consultation.

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