Calculating Divorce Maintenance
In New York, determining maintenance (spousal support or alimony) can be a burdensome task. This task can become more complicated in situations where one spouse is receiving disability or a long term/permanent personal injury settlement in the form of a tax free annuity. Although the line between separate property and marital property with regard to such payments is often blurred, the fact of the matter is that these payments can have an effect on child support and even maintenance. Disability or annuity income can be factored in for the purposes of calculating how much maintenance a spouse should be paying to the injured party.
More importantly, the disability or annuity income should be used by the disabled spouse for the purpose of taking care of the children. This money should not be discounted when determining who pays carrying costs. It absolutely should be used to contribute to the support of the children.
Divorce Attorneys
If you are contemplating a divorce in which one of the spouses is receiving some type of disability or personal injury settlement payment, call (516) 858-2620 to speak to a divorce attorney today!
Standing in Landlord Tenant Court
Standing is an affirmative defense that finds its way into many Answers in Landlord Tenant Court. Standing refers to the right of the petitioner/landlord to bring the case in the first place. The quick rule of thumb to decipher whether or not a petitioner has Standing is if the petitioner appears on the deed to the property on the date that the action was commenced. An action is commenced on the date that the index number is purchased with the Court.
In cases where Standing is at issue, it is necessary to determine whether or not a Power of Attorney has given the authority to prosecute a case to another individual than whom appears on the deed. It is important to note that the petitioner should in most cases still be the person named as owner on the property deed.
If you are involved in a current landlord tenant proceeding or are considering bringing a landlord tenant action, call (516) 858-2620 to speak to a landlord tenant attorney today!
Repurchase your foreclosed home at today’s value!
Previously, foreclosed homeowners who wanted to repurchase their home were required to pay the entire amount owed on the mortgage. This requirement also applied to anyone buying the home for the benefit of the previous homeowner.
However, the Federal Housing Finance Agency (FHFA) recently directed Fannie Mae and Freddie Mac to allow former homeowners, or a third-party acting on their behalf, to repurchase their foreclosed home for the fair-market value.
That’s great news, but securing financing may still be an issue for recently foreclosed homeowners. Under existing rules, former borrowers must wait a minimum of three years after a foreclosure to be eligible to receive a loan purchased or guaranteed by Fannie Mae or Freddie Mac. However, there is an exception to this rule when borrowers can document they lost their home to foreclosure or filed for bankruptcy because they were laid off or because their income was reduced by at least 20 percent. These foreclosed homeowners may now be able to get a mortgage to buy again after a one-year waiting period through FHA’s “Back to Work” lending program.
Keep in mind that foreclosure defense, loan modification, and/or bankruptcy may be better options for you. As always, if you have a question involving the above issues, don’t hesitate to call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620, to speak with an attorney.
Read more about repurchasing your foreclosed home at today’s value HERE.
Municipal Liability for Injuries
An interesting decision came down in September of 2014 involving municipal liability claims. In Granada v City of White Plains, 2014 NY Slip Op 06053, the Second Department ruled that a municipality is not immune from claims involving “proprietary functions” which are therefore differentiated from governmental functions. The Plaintiff-decedent was attacked and killed in a parking garage owned by the city. The Plaintiff rented the parking spot from the city on a monthly basis. The city had the obligation of providing a minimum level of security in it’s proprietary function as a commercial property owner. The city’s function as a commercial property owner has nothing to do with its functions as a governmental body. Therefore, the city was not entitled to summary judgment based on governmental immunity.
Personal Injury Attorneys
As always, if you have a question involving a possible injury or wrongful death claim, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a litigation attorney today.
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