In a recent chapter 13 bankruptcy case, IN RE WRIGHT, Bankr. Court, ED New York 2011, a debtor was NOT allowed to “strip off” a second mortgage held by Chase. At trial several issues were raised regarding how the Debtor’s appraiser conducted his appraisal. The Court found that the Debtor failed to meet its burden of establishing that Chase’s lien was wholly unsecured.
A second mortgage can only be “stripped” and treated as unsecured if the chapter 13 debtor can prove that his/her home is not worth any more than their first mortgage.
As always, the bankruptcy Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., #208, in Mineola, NY. Contact us at (516) 858-2620 to arrange a consultation with a bankruptcy attorney.
Familial Exception to Evictions
Familial Exception to Evictions
Although unfortunate, there are many situations where a person may wish to evict a family member from their property. It seems that a very common misconception exists. It seems that most people think that if the family member is over the age of 21, they can be evicted by simple summary proceedings. This is not the case at all. These special cases fall under what is known in New York as the Familial Exceptions to Evictions by Summary Proceedings. This familial exception to evictions applies to designated types of relationships which have developed over time through case law. If the type of relative that you are attempting to evict falls within these exceptions, the eviction process changes entirely. It is important to be aware of the familial exception to evictions before an action is commenced to avoid unnecessary delays and costs. As always, the best way to avoid these pitfalls is to consult with an attorney before proceeding.
Landlord Tenant Attorneys in Mineola
Please feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a Landlord Tenant Attorney.
Separation Agreements
Separation Agreements need to be artfully drafted. Each sentence should be carefully selected. There are certain errors or omissions that can be fatal to the document’s survival. It is highly recommended that these types of agreements are drafted by or at least reviewed by an attorney. The risk of not doing so, regardless of the cost, is too great. In the last couple of days, we have seen an increased number of clients who have attempted to draft their own agreements and have come to our firm to fix them. This ends up costing more money in the long run.
We are aware that there are certain online programs that can assist you in drafting these agreements thru a data entry interface. These programs are very general and not capable of adjusting to the unique intricacies of your particular situation. Although these interfaces may be capable of pumping out a Separation Agreement in minutes, the quality is certainly declined. The validity and effectiveness of the resulting agreement is going to be questionable at best.
I understand that the economy is currently struggling and funds are hard to come by. We see it here just like every other type of business. There are certain things that need to be done correctly however. Taking shortcuts will only result in a longer and more expensive road later. So if you feel that a Separation Agreement is important to you and you would like to feel comfortable that the terms will hold up in the event that they are ever challenged; then you should seek the assistance of an attorney to draft it for you. As always, if you have any questions about Separation Agreements or Divorce in general please call (516) 858-2620 to speak with a Family Law Attorney!
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