New York’s No-Fault Divorce
Recently, we have received some questions regarding whether or not a Defendant can challenge a New York’s No-Fault Divorce. Being that the statute is so new, there still remains some uncertainty and inconsistency throughout the trial courts. The truth is that nobody really knows at this point. The statute calls for an “irretrievable breakdown of the marital relationship in excess of 6 months.” The language itself does give rise to certain questions such as how a Plaintiff can prove such a breakdown?; or how can a breakdown be irretrievable when at least the Defendant is willing to reconcile. These are issues that will need to be worked out in the higher courts. If you have questions regarding the new No-Fault Divorce statute in New York, call (516) 858-2620 to speak to a Matrimonial Attorney.
Divorce Attorney in Mineola
Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today.
No-Fault Divorce and Maintenance
Our office has received numerous calls regarding the relationship between New York’s new No-Fault Divorce Maintenance. The March 12, 2012, Sunday edition of Newsday had an article written by Carol Polsky, which covered this very topic. Several prominent lawyers weighed in on the affects that this new statute has had in legal practice. It seems that everybody agrees that the No-Fault ground for divorce seems to make life easier in cases where the estranged couple has very little in the way of assets and does not have children. The statute seems to divide attorneys on the issue of maintenance however; especially temporary maintenance. The new formula has resulted in trial court decisions that are all over the map. Consistency does not appear to be coming any time soon either. With an escalating number of challenges to this statute coming before the Appellate Courts as we speak, there is much anticipation as to the direction New York will head with regards to shifting the so called “earnered spouse.”
If you are facing a divorce and have questions regarding maintenance or any other issue, feel free to call us at (516) 858-2620 to speak to a divorce attorney!
Bank of America to Reduce Mortgages
According to a recent AFP article:
Bank of America has reached a side agreement with US authorities that could reduce the mortgages of some 200,000 borrowers….Bank of America borrowers are expected to receive reductions averaging more than $100,000…
This is very interesting! We will be contacting BOA today!
Updated on 03/10/12
The Tennessean reports that:
Underwater homeowners are eligible if they have a loan serviced by Bank of America and were at least 60 days delinquent on their mortgages as of Jan. 31.
Only loans owned by Bank of America or private investors are eligible, and those include mortgages originated by Countrywide Financial Corp. The Calabasas, Calif.-based subprime lender was acquired by Bank of America in 2008.
Loans are not eligible if they are owned or backed by Fannie Mae, Freddie Mac, the Federal Housing Administration or the Department of Veterans Affairs, Simon said.
Bank of America estimated that 200,000 homeowners will be eligible, though it does not anticipate that all of them will take part in the program.
The bank will begin reaching out to homeowners next month. It has three years to complete the principal reductions, but the settlement offers incentives for them to be completed within a year of the settlement’s completion, so Simon anticipated the process would move “fairly quickly.”
Bank of America mortgage customers can call 877-488-7814 to see if they’re eligible and to get more information.
If you are currently in foreclosure or in danger of falling into foreclosure, please call (516) 858-2620 to speak with an Attorney!
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