DWI on Long Island

On March 10, 2016, in Criminal, Litigation, Motor Vehicle Accident, Personal Injury, by John A. Weber IV, ESQ.

(Image from nytimes.com)

DWI Issues and Long Island

DWI – Driving While Intoxicated aka Drinking and Driving. Drinking and Driving is a problem that has plagued Long Island.  Nassau County and Suffolk County have a major problem with drunk drivers on their roads.  There was an informative article in the New York Times on July 24, 2015 written by Kirk Semple,  that caught my eye.  Drinking and Driving has an impact on all Long Islanders.  It is worth taking a minute to read this New York Times article if you have time.

Drinking While Intoxicated causes grief for the families of both the perpetrator and the victims.  For the individual caught driving while intoxicated, attorneys fees, impound fees and facing criminal charges should be sufficient deterrents.  For some reason, especially on Long Island, they have not deterred enough drivers from driving while intoxicated.  For victims of DWI incidents, there are many consequences as well.  Medical treatment, if they are lucky enough to survive, time investment for personal injury suit to be compensated for damages suffered, lost time from work and a myriad of other issues are often the results.  As set forth in the article, Long Island is particularly hard hit by DWI incidents.

DWI Attorney in Long Island

If you or a loved one have been arrested for DWI or DUI or have been in an accident where drugs or alcohol have contributed, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an attorney who can help you today!

 

construction accident

Construction Accident Injuries

Very often, construction accidents on construction sites result in tragic injuries and even death.  Confusion as to who is liable for the injury deters some victims from seeking justice.  Although several subcontractors may be present on a construction site and their duties overlap; unraveling the mystery of liability can be accomplished by understanding the statutes and prior case law that have evolved to protect such construction accident victims.  Worker’s compensation law must also be sorted through before deciding to litigate.  If this tangled web of laws is properly sifted through, liability can be assigned and the construction accident victims and their families will be compensated for their injuries.

In recent years, the New York courts have been flooded with construction accident injury cases.  The New York times published an article on June 2, 2015 by

Construction victims and their families are not expected to understand the complex web of laws known in New York as “Labor Laws.”  Discussing these issues with experienced attorneys can reduce the confusion and let you know what rights you have.  Being injured on a construction site can lead to huge financial compensation if handled properly.

New York Construction Accident Attorneys

If you have questions about an accident occurred on a construction site, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today!

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News: Foreclosures to Slow Due to Document Flaws

On October 2, 2010, in Foreclosure, Message/News Board, by Robbie L. Vaughn, Esq.

The following is from a recent New York Times article:

The foreclosure machinery that has forced millions of Americans out of their homes is beginning to seize up as some lenders and their lawyers are accused of cutting corners in their pursuit of rapid home repossessions.

GMAC and JPMorgan Chase have acknowledged legal missteps, and have suspended new foreclosure actions in 23 states.

Evictions are expected to slow sharply, housing analysts said, as state and national law enforcement officials shine a light on questionable foreclosure methods revealed by two of the country’s biggest home lenders in the last two weeks.

Even lenders with no known problems are expected to approach defaulting homeowners more cautiously and look more aggressively for resolutions short of outright eviction.

Despite the turmoil, some economists said the breakdown could ultimately lay the groundwork for a real estate recovery.

Stricken neighborhoods across the country, for example, could benefit. One big factor undermining home sales is fear of a large number of foreclosed homes coming to the market. If the foreclosures are delayed or never happen, housing prices might find a floor.

“Maybe this is like shock therapy,” said the economist Karl E. Case. “Maybe this will actually get the lenders to the table and encourage them to work out deals that are to the benefit of everybody.”

While such a happy ending is possible, the near term is more likely to produce paralysis and confusion.

As more defaulting homeowners become aware of the lenders’ problems, they are expected to hire lawyers and challenge the proceedings against them. And if completed foreclosures were not properly done, families who bought the troubled homes could be vulnerable to claims by the former owners.

Apparently alarmed about such a possibility, one of the major title insurance companies, Old Republic National Title, has sent a bulletin to agents saying that “until further notice” it would not insure title to properties foreclosed upon by GMAC Mortgage, the country’s fourth-largest home lender and one of the two big lenders at the center of the current controversy.

GMAC declined to comment, and Old Republic representatives did not return calls.

GMAC has acknowledged legal missteps in processing mortgages, and JPMorgan Chase has acknowledged the possibility of missteps, and both have suspended all foreclosures in the 23 states where they need a court’s approval. That’s 56,000 in the case of Chase alone; GMAC declined to provide a number.

Attorneys general in half a dozen states are demanding action or opening investigations. The Treasury Department said Thursday it was asking regulators to look into “these troubling developments.”

“We’re seeing a fundamental breakdown in the system, because no one cared that much about getting things right,” said Representative Alan Grayson, a Democrat of Florida, who unsuccessfully asked the Florida Supreme Court to halt all foreclosures in that state.

Wall Street was examining the impact the disclosures could have on the lenders. Moody’s Investors Service has placed the servicer ratings of GMAC and Chase on review for possible downgrade.

The federal government has been the majority owner of GMAC since supplying $17 billion to prevent the lender’s failure during the financial crisis.

Other lenders said Thursday that their foreclosure filings, including the crucial affidavits, had been properly done.

A Citigroup spokesman said the lender required “annual training for our foreclosure employees on the proper execution of affidavits, including having personal knowledge of the information in the affidavit.”

A Wells Fargo spokeswoman said “the affidavits we sign are accurate.” A spokesman for Bank of America, Rick Simon, said, “We do not have anything to tell you at this time.”

GMAC and Chase are in trouble because, overwhelmed with foreclosures, they tried to process them as quickly and cheaply as possible, defense lawyers say. The companies say they are reviewing their procedures to take care of any violations.

The missteps stemmed from the affidavits the lenders file as they seek a quick or summary judgment in thousands of foreclosure cases. The affidavits state certain facts about the case, including the amount owed, which the signer indicates he has personal knowledge of. Without the affidavit, the lender would have to prove the facts at trial.

In depositions taken by lawyers for homeowners, executives at GMAC and Chase said they or their teams signed 10,000 or more affidavits and related documents a month. That did not give them time to review the cases.

Defense lawyers say the disclosures are symptomatic of the carelessness, if not outright fraud, that lenders have been exhibiting for years in their rush to file cases. Many necessary documents have disappeared, with defense lawyers saying the lenders often do not even have standing to foreclose.

Read the entire article here.

Please visit our Foreclosure category to learn more about foreclosure issues.

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