Family matters are very delicate, especially when the custody of children is involved into the legal battle of divorce. In order to ensure the safety of your children and the fair resolution of your case you would need the best family attorney around. Before you go ahead, first, decide the exact services you would require from your Staten Island family law attorney. Will you need him/her to get fully involved in the case? What are all the options offered by the different ones in your list? Are they giving you alternatives to solve the case, or are they going for just mediation? Are you willing to financially exert yourself to get the best attorney, or are you dealing with a friendly divorce allowing you to relax over fee issues?
Where To Find The Best Staten Island Family Attorney?
The best family attorney can be found through Lawyer Referral Services, the Internet, ads and listings, or through the word of mouth. The American Bar Association provides lists and web links to lawyer referral services, where you will find all the attorneys registered in each state. On the Internet you will have to search different sites with links to small and big agencies or you could try popular websites like attorneyfind.com, legalmatch.com or lawyers.com. Ads and listings on the other hand will give you a better idea on what the attorneys specialize in and what they feel to be their strengths.
Among all these research methods the word of mouth will help you to take the final decision. Ask friends or relatives that have previously used the services of a family divorce attorney for example. From their experience you will be able to judge if you are about to hire the best family attorney, or just a mediocre one. Ask them how they found their family attorney and whether they are satisfied with the results.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Showing posts with label eric m. gansberg. Show all posts
Showing posts with label eric m. gansberg. Show all posts
Wednesday, May 12, 2010
How Much to Pay for a Family Law Attorney
Most attorneys' charge by the hour or on a fixed rate fee depending on what type of services the Staten Island family law attorney anticipates for you case. Either way the "total" cost of legal representation is dependent on what issues you are going to have to deal with (i.e. property, children, support, etc.).
Keep in mind that the Staten Island family law attorney retainer usually never includes 3rd party costs such as court filing fees, process service fees, parking fees and/or copies. This can cost anywhere from $350 to $400 for the initial court filing fees, $150 for personal service of legal pleadings and up to 50 cents per copy.
If you haven't filed your legal pleadings for the divorce, this may be a good place to have either a document preparer/paralegal complete it or even consider doing it yourself. Most attorneys charge up to $1,500.00 to do this and this doesn't include the court filing fees.
If finances are an issue, remember that just about all divorces start out in the same manner when it comes to what legal pleadings are filed. Hiring a document preparer/paralegal may be something to consider as it will save you money.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Keep in mind that the Staten Island family law attorney retainer usually never includes 3rd party costs such as court filing fees, process service fees, parking fees and/or copies. This can cost anywhere from $350 to $400 for the initial court filing fees, $150 for personal service of legal pleadings and up to 50 cents per copy.
If you haven't filed your legal pleadings for the divorce, this may be a good place to have either a document preparer/paralegal complete it or even consider doing it yourself. Most attorneys charge up to $1,500.00 to do this and this doesn't include the court filing fees.
If finances are an issue, remember that just about all divorces start out in the same manner when it comes to what legal pleadings are filed. Hiring a document preparer/paralegal may be something to consider as it will save you money.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Services You Need From a Family Law Attorney
Adoption
Adoption is generally a much happier event than divorce, but it is still necessary to have the proper representation of a Staten Island family law attorney. If a woman is relinquishing the rights to her child to free him for adoption, she will need representation to ensure that her rights are protected. The adoptive parents will also require representation that can help them file all the correct paperwork to finalize the process.
Paternity
Sometimes the custody of a child cannot be determined until paternity is settled. An experienced family attorney can help to establish paternity that has been ordered by the court, such as in the case where the two parents are not married. Once paternity is established, the child may receive the same rights as children that are born into a marriage. It will also protect the rights of the father to have a relationship with his child and possible custody as well.
Domestic Violence
When domestic violence is occurring, it can be very difficult for the victim to feel comfortable seeking help to get out of the situation. However, a sensitive Staten Island family law attorney can handle the situation with privacy and compassion, helping that victim get the help and protection she needs. From filing the protective order to enforcing it, the attorney can be just the one to help a victim get out of this abusive cycle.
There are many aspects of family law that might require the services of a family law attorney. Whether a family is in the midst of an adoption or a divorce, this professional can ensure that the rights of everyone involved are protected and the final settlement is fair. Many cases that are seen in family court are highly charged and very emotional. It takes the confidence and compassion of a professional well trained in this area to ensure a family law issue is resolved quickly and fairly.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Adoption is generally a much happier event than divorce, but it is still necessary to have the proper representation of a Staten Island family law attorney. If a woman is relinquishing the rights to her child to free him for adoption, she will need representation to ensure that her rights are protected. The adoptive parents will also require representation that can help them file all the correct paperwork to finalize the process.
Paternity
Sometimes the custody of a child cannot be determined until paternity is settled. An experienced family attorney can help to establish paternity that has been ordered by the court, such as in the case where the two parents are not married. Once paternity is established, the child may receive the same rights as children that are born into a marriage. It will also protect the rights of the father to have a relationship with his child and possible custody as well.
Domestic Violence
When domestic violence is occurring, it can be very difficult for the victim to feel comfortable seeking help to get out of the situation. However, a sensitive Staten Island family law attorney can handle the situation with privacy and compassion, helping that victim get the help and protection she needs. From filing the protective order to enforcing it, the attorney can be just the one to help a victim get out of this abusive cycle.
There are many aspects of family law that might require the services of a family law attorney. Whether a family is in the midst of an adoption or a divorce, this professional can ensure that the rights of everyone involved are protected and the final settlement is fair. Many cases that are seen in family court are highly charged and very emotional. It takes the confidence and compassion of a professional well trained in this area to ensure a family law issue is resolved quickly and fairly.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Wednesday, April 14, 2010
Divorce Attorneys Get Alimony
Divorce is the true feature of today’s times. There are more couples divorcing rather than staying together. it is because of this reason why there happens to be necessity of alimony and divorce attorneys. Divorce is painful, however, if one out of the couple is dependant financially on the other partner this divorce could also prove to be disastrous. It could mean that this person has been left with no mean to fend for herself/himself. This means this person ends up being totally unsecured and may be left a beggar. This is where alimony becomes important.
Alimony and divorce attorneys Staten Island need to be competent and strong willed. These also need to understand personal problems of their client and help them get through difficult legal procedures of divorce without causing too much stress. At the same time these lawyers need to insure that their client’s interests are well protected and that they do not end up being shortchanged.
Alimony and divorce attorneys Staten Island can be found through the internet, here through websites, you will gain to the best attorneys in your geographical area. You will also find out details about their prior experience, their previous clients and whether or not they have been satisfied with their services. Through the internet, you will be able to check out almost all details of the attorneys, which makes it simpler for you to hire the best of them.
Procedure of divorce is relatively simpler, however, with alimony at times it is necessary to establish that the person was dependant on the other for financial security, otherwise, it is difficult to gain alimony. Again the earning partner is not very ready always to part with his money, no wonder, this makes it difficult for the dependant person to sustain himself. Here alimony and divorce attorneys can prove immensely helpful.
Things become complicated in case of those couples where that has been a history of domestic abuse or dominance of any type. This is when the attorney may have to bring forth to the notice of the court the facts of such a case, which can result in the abusive partner also paying compensation, in case of serious abuse, such a person could also end up with being punished for his crimes.
It is therefore very necessary to hire a sensitive divorce attorney Staten Island, who can deal with all facts and reasons for divorce. Here it is always necessary to establish facts so that there is no confusion regarding who should be paid alimony and how much. It may also be necessary to rake up financial records so that there the other party does not cheat the court regarding income so that he has to pay less than what should actually be paid.
Alimony and divorce attorneys Staten Island need to be competent and strong willed. These also need to understand personal problems of their client and help them get through difficult legal procedures of divorce without causing too much stress. At the same time these lawyers need to insure that their client’s interests are well protected and that they do not end up being shortchanged.
Alimony and divorce attorneys Staten Island can be found through the internet, here through websites, you will gain to the best attorneys in your geographical area. You will also find out details about their prior experience, their previous clients and whether or not they have been satisfied with their services. Through the internet, you will be able to check out almost all details of the attorneys, which makes it simpler for you to hire the best of them.
Procedure of divorce is relatively simpler, however, with alimony at times it is necessary to establish that the person was dependant on the other for financial security, otherwise, it is difficult to gain alimony. Again the earning partner is not very ready always to part with his money, no wonder, this makes it difficult for the dependant person to sustain himself. Here alimony and divorce attorneys can prove immensely helpful.
Things become complicated in case of those couples where that has been a history of domestic abuse or dominance of any type. This is when the attorney may have to bring forth to the notice of the court the facts of such a case, which can result in the abusive partner also paying compensation, in case of serious abuse, such a person could also end up with being punished for his crimes.
It is therefore very necessary to hire a sensitive divorce attorney Staten Island, who can deal with all facts and reasons for divorce. Here it is always necessary to establish facts so that there is no confusion regarding who should be paid alimony and how much. It may also be necessary to rake up financial records so that there the other party does not cheat the court regarding income so that he has to pay less than what should actually be paid.
Saturday, April 10, 2010
Child Custody Hearings Should Have a Lawyer
Being a parent can be one of the most rewarding experiences of your life. The unconditional love between you and your child is probably one of the most unique and amazing things you have ever known. When conflicts arise between you and the other parent of the child however, the situation may escalate to such a level that you may end up in a court hearing for any number of reasons, including a child custody hearing or a child support hearing attorney staten island.
If you and the other parent of your child will be going through a court hearing regarding your child, you might want to consider hiring a family law attorney staten island. These legal professionals can help you navigate the type of court hearing you are going through and can help make sure that you are properly portrayed during the hearing.
If you are going through a child custody hearing, it will probably be one of the most stressful and difficult times of your life. It will be difficult and stressful because both you and the other parent of your child will likely both be fighting for custody of the child. Just the fear of losing custody of your child may be enough to raise your stress to an unhealthy level, and if you do not know what to expect during the hearing, it may put your emotions over the top. A family law attorney staten island will be able to inform you of what to expect during the hearing and can help make sure that you are properly portrayed during the hearing, which can be the difference between being awarded custody and losing custody of your child.
The court will likely consider many factors during your custody hearing before determining how custody will be split and to whom it will be awarded. One of the main factors that the court will probably consider during the hearing is your parenting ability. With this in mind, it can be extremely beneficial to have a family law attorney on your side that will be able to portray your parenting abilities in the best light. Keep in mind, the other parent of the child will probably also be trying as hard as they can to gain custody, so having a legal professional on your side that has experience in these types of cases can be crucial.
If you and the other parent of your child will be going through a court hearing regarding your child, you might want to consider hiring a family law attorney staten island. These legal professionals can help you navigate the type of court hearing you are going through and can help make sure that you are properly portrayed during the hearing.
If you are going through a child custody hearing, it will probably be one of the most stressful and difficult times of your life. It will be difficult and stressful because both you and the other parent of your child will likely both be fighting for custody of the child. Just the fear of losing custody of your child may be enough to raise your stress to an unhealthy level, and if you do not know what to expect during the hearing, it may put your emotions over the top. A family law attorney staten island will be able to inform you of what to expect during the hearing and can help make sure that you are properly portrayed during the hearing, which can be the difference between being awarded custody and losing custody of your child.
The court will likely consider many factors during your custody hearing before determining how custody will be split and to whom it will be awarded. One of the main factors that the court will probably consider during the hearing is your parenting ability. With this in mind, it can be extremely beneficial to have a family law attorney on your side that will be able to portray your parenting abilities in the best light. Keep in mind, the other parent of the child will probably also be trying as hard as they can to gain custody, so having a legal professional on your side that has experience in these types of cases can be crucial.
Picking the Best Family Law Attorney
Deciding which you should have represent you in your family law case is an extremely important decision and one that can be the difference between getting a fair result or a poor one. Here are some criteria that will allow you to improve your chances of hiring the best family law attorney staten island for your case.
Experience and State Bar Board Certification
There is no substitute for experience when it comes to divorce attorneys staten island and you should only consider hiring an attorney who is very experienced in the field of family law. Frequently people will hire a general practitioner, thinking that divorce cases are routine and uncomplicated and that any lawyer will do. This kind of thought is a major error. Ideally, you want a lawyer who is board certified in family law by the State Bar. This is a certification held by attorneys staten island who have, by experience and knowledge, established that they are worthy of acknowledgment as experts in the area of family law. In most states this is an highly difficult certification for a lawyer to obtain.
Satisfied Previous Clients
The best way to decide which lawyer is right for you is to hear from that lawyer’s past divorce clients. If you know someone who has been a client of a particular lawyer they can tell you what it was like to be represented by that attorney. The fact is that some attorneys are simply better at satisfying their clients than others and the only certain way to find this out is to hear from previous clients.
A Plan for Handling Your Case
It is usually an error in a family law case for a lawyer to apply a "one-size-fits-all" approach. In other words, some lawyers use the exact same approach on every single case, disregarding the facts or nuances of your particular situation. This is generally a mistake. What you want is a lawyer who, at the outset of the case, creates a personalized plan for how your case will be handled. You wouldn't use a shotgun if you were trying to kill a mosquito and you wouldn't use a flyswatter if you were trying to kill a bear. You would use the best tool for the given situation. Your case should be handled in this same way.
Experience and State Bar Board Certification
There is no substitute for experience when it comes to divorce attorneys staten island and you should only consider hiring an attorney who is very experienced in the field of family law. Frequently people will hire a general practitioner, thinking that divorce cases are routine and uncomplicated and that any lawyer will do. This kind of thought is a major error. Ideally, you want a lawyer who is board certified in family law by the State Bar. This is a certification held by attorneys staten island who have, by experience and knowledge, established that they are worthy of acknowledgment as experts in the area of family law. In most states this is an highly difficult certification for a lawyer to obtain.
Satisfied Previous Clients
The best way to decide which lawyer is right for you is to hear from that lawyer’s past divorce clients. If you know someone who has been a client of a particular lawyer they can tell you what it was like to be represented by that attorney. The fact is that some attorneys are simply better at satisfying their clients than others and the only certain way to find this out is to hear from previous clients.
A Plan for Handling Your Case
It is usually an error in a family law case for a lawyer to apply a "one-size-fits-all" approach. In other words, some lawyers use the exact same approach on every single case, disregarding the facts or nuances of your particular situation. This is generally a mistake. What you want is a lawyer who, at the outset of the case, creates a personalized plan for how your case will be handled. You wouldn't use a shotgun if you were trying to kill a mosquito and you wouldn't use a flyswatter if you were trying to kill a bear. You would use the best tool for the given situation. Your case should be handled in this same way.
Make it Go Smooth with a Family Law Lawyer
Smoothing things over becomes an unpleasant task for many amateurs in divorce cases, a task that these people are not usually prepared to face. Bitter words and harsh times can create even more uncomfortable, awkward and very tense situations or environments for the parties involved and even for those around them. Having a professional family law attorney staten island who can help to fix these situations and draft and create fair, just settlements for divorced couples can be invaluable to these couples as they go through the divorce process.
Strangely, when one thinks of a family law attorney Staten Island, they often think of those lawyers we have seen on television that have sinister ideas and intricate plots to destroy the lives of their opponents. What one will discover if they spend any time at all with any attorney is that this is simply not the case. The vast majority of attorneys are committed to discovering what is fair and implementing a settlement that reflects this. A family law attorney is not interested in taking a bad situation and making it worse. This does not benefit them at all and goes against the sense of fairness and equality that they fight to protect. A family should never go through a divorce alone, without the counsel of a professional to guide them through what can become ugly situations and hard times.
Especially if there are children involved in the divorce, these situations can become bitter messes from the very beginning. Former couples sometimes spend countless dollars and a great deal of time trying to decide who is going to have custody of their children after their divorce. What is often forgotten in situations such as these is: what is best for the children? A family law attorney will bring their expertise in these situations and past experiences in similar cases in helping the family decide what is best for the children.
Many families face the unpleasant requirement of putting their children through a messy divorce when the parents cannot get along or stay married to each other any longer. When divorce seems inevitable, the parents will usually fight often, be miserable and create tense situations inside the home, which their children often pick up on. So, getting divorced may be the best thing for the children in some cases, as nobody wants their children to grow up in these circumstances. A messy divorce, however, will often create the very thing the parents were trying to avoid, a tense and uncomfortable situation for their children. Having a family law attorney Staten Island to help the parents through these troubled times will help to smooth the situation and create a fair and calm environment for the children.
Strangely, when one thinks of a family law attorney Staten Island, they often think of those lawyers we have seen on television that have sinister ideas and intricate plots to destroy the lives of their opponents. What one will discover if they spend any time at all with any attorney is that this is simply not the case. The vast majority of attorneys are committed to discovering what is fair and implementing a settlement that reflects this. A family law attorney is not interested in taking a bad situation and making it worse. This does not benefit them at all and goes against the sense of fairness and equality that they fight to protect. A family should never go through a divorce alone, without the counsel of a professional to guide them through what can become ugly situations and hard times.
Especially if there are children involved in the divorce, these situations can become bitter messes from the very beginning. Former couples sometimes spend countless dollars and a great deal of time trying to decide who is going to have custody of their children after their divorce. What is often forgotten in situations such as these is: what is best for the children? A family law attorney will bring their expertise in these situations and past experiences in similar cases in helping the family decide what is best for the children.
Many families face the unpleasant requirement of putting their children through a messy divorce when the parents cannot get along or stay married to each other any longer. When divorce seems inevitable, the parents will usually fight often, be miserable and create tense situations inside the home, which their children often pick up on. So, getting divorced may be the best thing for the children in some cases, as nobody wants their children to grow up in these circumstances. A messy divorce, however, will often create the very thing the parents were trying to avoid, a tense and uncomfortable situation for their children. Having a family law attorney Staten Island to help the parents through these troubled times will help to smooth the situation and create a fair and calm environment for the children.
Mediate Your Divorce
Staten Island family law cases are governed by the rules of the Superior Court. Under those rules, parties must attempt to mediate before going to trial. A family law mediation usually takes place at the office of a third-party, neutral family law attorney with whom the parties contract to help resolve the issues of their case. This attorney must be experienced in the nuances of Seattle family law so that he or she may advise each side as to how a judge is likely to rule if the case went to trial. The parties usually remain separate from each other during the mediation, and the mediator travels back and forth between each party’s station with offers and counter-offers from each side.
Not all counties in New York State require mediation. Nevertheless, it is generally a good idea to at least attempt mediation before incurring the stress and expense of trial. Paying a Staten Island family law lawyer to appear at trial can be very costly, and court trials are quite stressful. Furthermore, when parties separate, there is usually already a lot of stress in the relationship. The parties do not make good decisions about one another and sometimes hold onto animosity that keeps them from making agreements. Unfortunately, this stalemate can lead to less than desirable consequences, and your lawyer will have to charge you to argue for you in court.
However, it is also not wise to jump to settlement too soon. Often parties in Staten Island family law disputes “just want things to be over” and will settle before making an informed decision.
Not all counties in New York State require mediation. Nevertheless, it is generally a good idea to at least attempt mediation before incurring the stress and expense of trial. Paying a Staten Island family law lawyer to appear at trial can be very costly, and court trials are quite stressful. Furthermore, when parties separate, there is usually already a lot of stress in the relationship. The parties do not make good decisions about one another and sometimes hold onto animosity that keeps them from making agreements. Unfortunately, this stalemate can lead to less than desirable consequences, and your lawyer will have to charge you to argue for you in court.
However, it is also not wise to jump to settlement too soon. Often parties in Staten Island family law disputes “just want things to be over” and will settle before making an informed decision.
Hiring a Family Law Attorney
Family law attorney Staten Island is an area that involves family relationships and issues. It can encompass anything from adoption finalization to divorce proceedings. No matter what type of family matters need to be decided, an attorney who specializes in this area of law will make the process a little easier.
A Staten Island family law attorney should be well versed in all areas of family law. Major life changes often take place as a result of the decisions made in these cases, and an experienced, compassionate staff can help clients survive the emotionally taxing process and win the case. It is important to choose a lawyer and firm that will handle each client on an individual basis, taking the time to get to know the client and family and understand the extenuating circumstances of each unique case.
A Staten Island family law attorney will be experienced in the various aspects of family law. The most common cases handled in this area are divorce settlements, where a competent attorney is essential to protect the rights of the client and ensure the settlement is fair and reasonable. Divorce is one of the most stressful events a person may ever experience, but the right lawyer can make that difficult time a little easier to handle.
Child custody is often an element of divorce proceedings and can be very emotional and stressful for all parties involved, including the children. It may be difficult to determine where the children should be raised - and who should raise them - when parents split up. When the parents cannot agree on this issue, it is up to the court to decide where the children should live. This is usually done in the "best interest of the child", although this can be difficult to determine. An experienced Irvine family law attorney can help ensure that a child custody case goes as smoothly as possible and that the rights of his client are firmly protected during the process.
A Staten Island family law attorney should be well versed in all areas of family law. Major life changes often take place as a result of the decisions made in these cases, and an experienced, compassionate staff can help clients survive the emotionally taxing process and win the case. It is important to choose a lawyer and firm that will handle each client on an individual basis, taking the time to get to know the client and family and understand the extenuating circumstances of each unique case.
A Staten Island family law attorney will be experienced in the various aspects of family law. The most common cases handled in this area are divorce settlements, where a competent attorney is essential to protect the rights of the client and ensure the settlement is fair and reasonable. Divorce is one of the most stressful events a person may ever experience, but the right lawyer can make that difficult time a little easier to handle.
Child custody is often an element of divorce proceedings and can be very emotional and stressful for all parties involved, including the children. It may be difficult to determine where the children should be raised - and who should raise them - when parents split up. When the parents cannot agree on this issue, it is up to the court to decide where the children should live. This is usually done in the "best interest of the child", although this can be difficult to determine. An experienced Irvine family law attorney can help ensure that a child custody case goes as smoothly as possible and that the rights of his client are firmly protected during the process.
Making Divorce Work for You
Everyone has horror stories about the Staten Island divorce process. People say that it takes years. People talk about spending huge and unexpected amounts of money on Staten Island family law firms. You hear about many instances where the divorce has harmed relationships with children, family, and friends. Many find that child support payments cause them to live as frugally as students until their children’s emancipation. Post-divorce problems can linger for years, even for a lifetime.
In a mediated divorce, the two divorcing parties meet with one mediator (usually, but not necessarily a service offered by family law firms). You meet with a family law firm a number of times. The family law firm will to address and try to resolve the issues in your divorce. family law firms hired in this capacity do not represent either of the parties. The Staten Island family law firms must be (and must be viewed by the parties as) an impartial, objective, fair third-party.
A mediated divorce (using advocate lawyers at relevant points) is the Camry of divorces. It’s solid, safe for the most part, and it can do almost everything you want. But the collaborative divorce is like a Prius. It has the most advanced resources at its disposal. It’s groundbreaking, and it can turn a sometimes dirty process into something that is a lot better for the environment.
In a mediated divorce, the two divorcing parties meet with one mediator (usually, but not necessarily a service offered by family law firms). You meet with a family law firm a number of times. The family law firm will to address and try to resolve the issues in your divorce. family law firms hired in this capacity do not represent either of the parties. The Staten Island family law firms must be (and must be viewed by the parties as) an impartial, objective, fair third-party.
A mediated divorce (using advocate lawyers at relevant points) is the Camry of divorces. It’s solid, safe for the most part, and it can do almost everything you want. But the collaborative divorce is like a Prius. It has the most advanced resources at its disposal. It’s groundbreaking, and it can turn a sometimes dirty process into something that is a lot better for the environment.
Saturday, March 20, 2010
Debt and Divorce
While divorcing couples frequently carry credit card debt, often little attention is paid to these debts beyond their being assigned to one spouse or the other in the divorce judgment attorney staten island.
Care must be taken that a spouse will not be held responsible for additional credit card debts incurred by the other, and that each spouse is protected to the maximum extent possible if the other fails to make payments and ultimately to pay off their share of any joint credit card debt.
Remember: Creditors are not obligated to respect the terms of your divorce judgment attorney staten island.
Assigning Responsibilty for Credit Card Debt
Often the parties to a divorce will assign to each spouse the responsibility for specific credit cards and their associated debt. To help ensure that all joint debts are identified, including any credit cards which may have been taken out by one spouse without the other's knowledge, it may be beneficial to get copies of the credit reports of the divorcing couple, and to make sure that the debt from any creditor not paid off in full is assigned to one spouse or the other.
Cutting Off Your Liability For Additional Debt
When you divorce attorney staten island, you should make sure that you either close any joint credit cards, or that at a minimum you have your name removed from any joint accounts which will continue to be used by your spouse. This will not end your liability for debts incurred up to that point, but should end your responsibility for any new debts incurred on those accounts by your spouse.
Similarly, if you hold any accounts in your own name for which your spouse is an authorized signer, you should revoke the authorization.
Care must be taken that a spouse will not be held responsible for additional credit card debts incurred by the other, and that each spouse is protected to the maximum extent possible if the other fails to make payments and ultimately to pay off their share of any joint credit card debt.
Remember: Creditors are not obligated to respect the terms of your divorce judgment attorney staten island.
Assigning Responsibilty for Credit Card Debt
Often the parties to a divorce will assign to each spouse the responsibility for specific credit cards and their associated debt. To help ensure that all joint debts are identified, including any credit cards which may have been taken out by one spouse without the other's knowledge, it may be beneficial to get copies of the credit reports of the divorcing couple, and to make sure that the debt from any creditor not paid off in full is assigned to one spouse or the other.
Cutting Off Your Liability For Additional Debt
When you divorce attorney staten island, you should make sure that you either close any joint credit cards, or that at a minimum you have your name removed from any joint accounts which will continue to be used by your spouse. This will not end your liability for debts incurred up to that point, but should end your responsibility for any new debts incurred on those accounts by your spouse.
Similarly, if you hold any accounts in your own name for which your spouse is an authorized signer, you should revoke the authorization.
Family Law
Family law attorney staten island issues usually arise in the context of divorce proceedings, child custody disputes, and child protective proceedings. Child protective proceedings arise when the state, acting to protect minor children, attempts to place children into foster care, or to terminate parental rights and to place the children for adoption.
When you are filing for divorce, or if a divorce has been filed against you, you will find that there are a wide range of attorneys who practice family law, and that the fees can vary enormously between law offices. The cheapest attorney is rarely the best, but in an amicable divorce you may find that all you really need is an attorney who won't stand in your way while you negotiate a settlement. You usually will not need to spend a lot on legal fees if you are in agreement on custody and property issues.
When there are disagreements, choose your attorney staten island carefully. If possible, get references from people you know who have recently divorced. As family law is very stressful, a great many attorneys do not practice in the area, and as a consequence it is relatively easy for attorneys with little skill or experience to develop a family law practice. While the most expensive option is not necessarily the best, when faced with contested divorce or custody litigation there is some truth to the old saying, "You get what you pay for." If you try to save money by hiring the cheapest attorney you can find, you may well learn that you gave up more in property, spousal support, or rights to retirement benefits than you "saved" by hiring the wrong lawyer for your case.
Most people do not need to hire the "best" divorce attorneys staten island, or the most expensive. However, if you have a large marital estate, if you have issues of abuse or domestic violence, if the marital estate includes a family business, stock options, or shares in a "closely held" corporation, or if there are other factors which will complicate the evaluation of your fair share of the marital estate, you should consider a specialist.
When you are filing for divorce, or if a divorce has been filed against you, you will find that there are a wide range of attorneys who practice family law, and that the fees can vary enormously between law offices. The cheapest attorney is rarely the best, but in an amicable divorce you may find that all you really need is an attorney who won't stand in your way while you negotiate a settlement. You usually will not need to spend a lot on legal fees if you are in agreement on custody and property issues.
When there are disagreements, choose your attorney staten island carefully. If possible, get references from people you know who have recently divorced. As family law is very stressful, a great many attorneys do not practice in the area, and as a consequence it is relatively easy for attorneys with little skill or experience to develop a family law practice. While the most expensive option is not necessarily the best, when faced with contested divorce or custody litigation there is some truth to the old saying, "You get what you pay for." If you try to save money by hiring the cheapest attorney you can find, you may well learn that you gave up more in property, spousal support, or rights to retirement benefits than you "saved" by hiring the wrong lawyer for your case.
Most people do not need to hire the "best" divorce attorneys staten island, or the most expensive. However, if you have a large marital estate, if you have issues of abuse or domestic violence, if the marital estate includes a family business, stock options, or shares in a "closely held" corporation, or if there are other factors which will complicate the evaluation of your fair share of the marital estate, you should consider a specialist.
False Child Abuse Accusations
The rise of false accusations of abuse in child custody proceedings attorney staten island is very disturbing. Courts often choose to "err on the side of caution," and refuse to grant custody to the accused parent. Sometimes, the accused parent cannot even obtain parenting time (child visitation), even after investigation finds no evidence of abuse.
Making a false abuse allegation is a horrible thing to do to a child. The child will often have to undergo unnecessary and intrustive medical and psychological examinations. If the allegations are of sexual abuse, the physical examinations of the child can be extremely embarrassing to the child. Also, depending upon the circumstances and the age of the child, the false accusations can cause a permanent rift between the child and the accused parent, the accusing parent, or both.
Historically, parents who complained of false accusations were ignored. However, recent studies illustrate how common false allegations are. In Ontario, an analysis of child abuse allegations attorney staten island in the Ottawa area revealed that 60% of accusations of abuse were related to marital breakup, and in two thirds of those cases there was no evidence of any abuse.
It is no longer professionally reasonable for a psychologist to presume the truth of abuse allegations made in the context of divorce. The irresponsibility of parents who make false accusations to hurt their spouse, or to stop a child custody action attorney staten island, has caused grave harm to children who actually are abused -- the significant numbers of false allegations make it less likely that true allegations will be believed.
Making a false abuse allegation is a horrible thing to do to a child. The child will often have to undergo unnecessary and intrustive medical and psychological examinations. If the allegations are of sexual abuse, the physical examinations of the child can be extremely embarrassing to the child. Also, depending upon the circumstances and the age of the child, the false accusations can cause a permanent rift between the child and the accused parent, the accusing parent, or both.
Historically, parents who complained of false accusations were ignored. However, recent studies illustrate how common false allegations are. In Ontario, an analysis of child abuse allegations attorney staten island in the Ottawa area revealed that 60% of accusations of abuse were related to marital breakup, and in two thirds of those cases there was no evidence of any abuse.
It is no longer professionally reasonable for a psychologist to presume the truth of abuse allegations made in the context of divorce. The irresponsibility of parents who make false accusations to hurt their spouse, or to stop a child custody action attorney staten island, has caused grave harm to children who actually are abused -- the significant numbers of false allegations make it less likely that true allegations will be believed.
Child Protective Law
If you are a parent, and are involved in child protective proceedings attorney staten island, you have the right to an attorney. If you cannot afford an attorney, one will be appointed to represent you.
If you are involved in child protective proceedings, exercise your right to counsel. Please do not assume that you can adequately represent yourself, or that the system is designed to protect your rights. You will be consistently warned throughout proceedings that you could face the permanent loss of your children as a result of the proceedings. That is no joke -- get a lawyer.
Be forewarned that litigation in this area can be expensive -- but remember that your family is at stake.
Defending Yourself
Typically, your best ability to defend agains this type of proceeding will be in its initial stages. This is when many people try to proceed without lawyers staten island, under the belief that if they consent to the court's taking jurisdiction over their children they will somehow improve their chances of securing the return of their children. The reality is usually quite different. Involving a competent lawyer at the start of legal proceedings can help ensure that your rights are protected, and may even result in the return of your children to your home.
Reforms in the 1990's have led to a system of laws in the United States that place a very high priority on permanence. If children have spent a year in foster care, courts and social workers are under considerable pressure to bring about a final resolution of their cases. At that time, if the parents are not ready to assume their responsibilities, or have not lived up to the court's demands upon them, it is likely that a proceeding will follow to permanently terminate parental rights.
While parents have a right to appeal from the termination of parental rights attorney staten island, it is rare for appellate courts to grant relief. Thus it bears repeating, you are best served by obtaining quality representation at the trial court level, at the earliest possible opportunity.
Effect on the Extended Family
When a relative's parental rights are terminated, the extended family's rights are terminated as well. If you have a relative whose children are at risk of being taken from their home, you should consult with an attorney in your state about possible options which might protect your relationship with the children. That may involve convincing the relative to voluntarily let you care for the children for a period of time while they get their act together. If the relative won't cooperate, it may involve petitioning a court for a guardianship over the children, giving you the right to care for the children until the parents remedy the problems in their home, but without the risk of the state terminating parental rights.
If you are involved in child protective proceedings, exercise your right to counsel. Please do not assume that you can adequately represent yourself, or that the system is designed to protect your rights. You will be consistently warned throughout proceedings that you could face the permanent loss of your children as a result of the proceedings. That is no joke -- get a lawyer.
Be forewarned that litigation in this area can be expensive -- but remember that your family is at stake.
Defending Yourself
Typically, your best ability to defend agains this type of proceeding will be in its initial stages. This is when many people try to proceed without lawyers staten island, under the belief that if they consent to the court's taking jurisdiction over their children they will somehow improve their chances of securing the return of their children. The reality is usually quite different. Involving a competent lawyer at the start of legal proceedings can help ensure that your rights are protected, and may even result in the return of your children to your home.
Reforms in the 1990's have led to a system of laws in the United States that place a very high priority on permanence. If children have spent a year in foster care, courts and social workers are under considerable pressure to bring about a final resolution of their cases. At that time, if the parents are not ready to assume their responsibilities, or have not lived up to the court's demands upon them, it is likely that a proceeding will follow to permanently terminate parental rights.
While parents have a right to appeal from the termination of parental rights attorney staten island, it is rare for appellate courts to grant relief. Thus it bears repeating, you are best served by obtaining quality representation at the trial court level, at the earliest possible opportunity.
Effect on the Extended Family
When a relative's parental rights are terminated, the extended family's rights are terminated as well. If you have a relative whose children are at risk of being taken from their home, you should consult with an attorney in your state about possible options which might protect your relationship with the children. That may involve convincing the relative to voluntarily let you care for the children for a period of time while they get their act together. If the relative won't cooperate, it may involve petitioning a court for a guardianship over the children, giving you the right to care for the children until the parents remedy the problems in their home, but without the risk of the state terminating parental rights.
Battered Woman Syndrome
Battered woman syndrome attorney staten island (BWS) was first proposed in the 1970's and was essentially based on the clinical observations of a single researcher. Nevertheless, the concept quickly caught on and became a popular way to justify behavior in some courts. However, while it initially enjoyed success in portions of the legal arena, BWS has not been established nor accepted in the field of psychology by serious and rigorous empirical researchers.
To be sure, clinical syndromes do exist, and BWS may indeed exist, but to date there is insufficient empirical evidence to show this syndrome meets the rigorous diagnostic criteria of psychology or the law. If BWS does exist, there is no reliable means to identify those who suffer from it from those who merely claim it as a legal defense.
BWS appears to be the product of legal advocacy and not science. BWS seems to owe its existence to the needs of legal attorneys staten island to support and justify claims by battered women who have killed. Given the lack of an established, empirical, scientific basis and its failure to achieve specific political and social policy goals for women, BWS may not be long for this world.
BWS has been employed in a wide assortment of cases, ranging from the prototypical self-defense case to the more novel prosecutorial use of the syndrome. In the former set of cases, courts define the syndrome's relevance variously, from supporting the honesty of the woman's belief in the need to use deadly force to her mental incapacity to form the requisite mental intent. In the latter set of cases, in which prosecutors use the evidence, the evidence's relevance is ostensibly offered to explain why a battered woman might change her testimony (i.e., commit perjury) and testify that she was not a victim of battering; in fact, BWS is probably used to buttress the prosecution's case by showing prior violent acts by the defendant that would otherwise be excluded by the rules of evidence.
BWS attorney staten island offers broad interpretations of conduct for which there is no empirical support. As courts begin to apply Daubert styled tests of admissibility that query the scientific basis for BWS testimony, they will discover the serious lack of scientific support for BWS. There are numerous non-specific signs that a clinician favorably biased towards BWS will "see" in the reports of a woman relating a history of battering. Such clinicians are quick to then label the clinical history as causing BWS, and the BWS as justifying or explaining the woman's subsequent unlawful conduct. The clinical error or trap lies in the fact that these signs are commonly seen in a variety of conditions, and none are specifically tied to BWS. Further, the patient can simply lie about or exaggerate their abusive history with a host of non-specific signs. There is a human tendency to accept ready explanations and BWS offers just that. This unreliable manner leads to inaccurate diagnosis. A principal tenant of science is there must first be reliability, and absent this, there can be no validity, that is, no trustworthy diagnosis. So, how can anyone determine who does and who does not suffer with BWS? The simple answer is, we cannot.
To be sure, clinical syndromes do exist, and BWS may indeed exist, but to date there is insufficient empirical evidence to show this syndrome meets the rigorous diagnostic criteria of psychology or the law. If BWS does exist, there is no reliable means to identify those who suffer from it from those who merely claim it as a legal defense.
BWS appears to be the product of legal advocacy and not science. BWS seems to owe its existence to the needs of legal attorneys staten island to support and justify claims by battered women who have killed. Given the lack of an established, empirical, scientific basis and its failure to achieve specific political and social policy goals for women, BWS may not be long for this world.
BWS has been employed in a wide assortment of cases, ranging from the prototypical self-defense case to the more novel prosecutorial use of the syndrome. In the former set of cases, courts define the syndrome's relevance variously, from supporting the honesty of the woman's belief in the need to use deadly force to her mental incapacity to form the requisite mental intent. In the latter set of cases, in which prosecutors use the evidence, the evidence's relevance is ostensibly offered to explain why a battered woman might change her testimony (i.e., commit perjury) and testify that she was not a victim of battering; in fact, BWS is probably used to buttress the prosecution's case by showing prior violent acts by the defendant that would otherwise be excluded by the rules of evidence.
BWS attorney staten island offers broad interpretations of conduct for which there is no empirical support. As courts begin to apply Daubert styled tests of admissibility that query the scientific basis for BWS testimony, they will discover the serious lack of scientific support for BWS. There are numerous non-specific signs that a clinician favorably biased towards BWS will "see" in the reports of a woman relating a history of battering. Such clinicians are quick to then label the clinical history as causing BWS, and the BWS as justifying or explaining the woman's subsequent unlawful conduct. The clinical error or trap lies in the fact that these signs are commonly seen in a variety of conditions, and none are specifically tied to BWS. Further, the patient can simply lie about or exaggerate their abusive history with a host of non-specific signs. There is a human tendency to accept ready explanations and BWS offers just that. This unreliable manner leads to inaccurate diagnosis. A principal tenant of science is there must first be reliability, and absent this, there can be no validity, that is, no trustworthy diagnosis. So, how can anyone determine who does and who does not suffer with BWS? The simple answer is, we cannot.
Before You Get Married
At common law, a marriage was created as the result of a voluntary agreement between a man and a woman to become husband and wife, without the necessity of certification by the church or the state.
Today, marriage law attorney staten island is usually regulated by nations or states, with rights and duties imposed by statute.
At present, most jurisdictions will permit marriage only between a man and a woman, and will not permit either to have multiple spouses. A legal marriage can be ended by death, divorce, or annulment.
Before You Get Married
Before you set your wedding date, it is important to learn the requirements for getting married in your jurisdiction. Usually the requirements will be made clear to you when you apply for a marriage license attorney staten island. Possible issues that may arise include:
•Blood Tests - some jurisdictions require blood tests for common sexually transmitted disease, before they will issue a marriage license;
•Pre-Marital Counseling - some jurisdictions mandate attendance at a counseling session, or a video presentation, meant to introduce some of the issues that a newly married couple might face, or counsel on avoidance of sexually transmitted disease;
•Age Requirements - if one or both would-be spouses are minors, it may be necessary to obtain parental permission before a marriage can proceed. If one or both would-be spouses are very young, typically below the age of 16, it may be necessary to also obtain approval from a judge. Typically, the marriage of a minor has the same effect as legal emancipation.
•Prohibited Marriage - almost all jurisdictions restrict who can get married, so as to prevent unions between close relatives. Sometimes these laws also extend to in-laws and step-relatives. Similarly, western jurisdictions prohibit marriage where one spouse is already married - and will hold a marriage invalid even if that spouse mistakenly thought that a prior marriage had been ended by divorce or annulment.
•Marriage License - for formal marriage, a marriage license is required. There is usually a modest license fee.
•Certificate of Marriage - At the time of the wedding ceremony, the person who performs the ceremony will ordinarily complete a certificate of marriage attorney staten island, which is signed by witnesses to the marriage, and which is filed with the state to record the completion of the marriage. In some jurisdictions the certificate of marriage is incorporated into the marriage license.
Today, marriage law attorney staten island is usually regulated by nations or states, with rights and duties imposed by statute.
At present, most jurisdictions will permit marriage only between a man and a woman, and will not permit either to have multiple spouses. A legal marriage can be ended by death, divorce, or annulment.
Before You Get Married
Before you set your wedding date, it is important to learn the requirements for getting married in your jurisdiction. Usually the requirements will be made clear to you when you apply for a marriage license attorney staten island. Possible issues that may arise include:
•Blood Tests - some jurisdictions require blood tests for common sexually transmitted disease, before they will issue a marriage license;
•Pre-Marital Counseling - some jurisdictions mandate attendance at a counseling session, or a video presentation, meant to introduce some of the issues that a newly married couple might face, or counsel on avoidance of sexually transmitted disease;
•Age Requirements - if one or both would-be spouses are minors, it may be necessary to obtain parental permission before a marriage can proceed. If one or both would-be spouses are very young, typically below the age of 16, it may be necessary to also obtain approval from a judge. Typically, the marriage of a minor has the same effect as legal emancipation.
•Prohibited Marriage - almost all jurisdictions restrict who can get married, so as to prevent unions between close relatives. Sometimes these laws also extend to in-laws and step-relatives. Similarly, western jurisdictions prohibit marriage where one spouse is already married - and will hold a marriage invalid even if that spouse mistakenly thought that a prior marriage had been ended by divorce or annulment.
•Marriage License - for formal marriage, a marriage license is required. There is usually a modest license fee.
•Certificate of Marriage - At the time of the wedding ceremony, the person who performs the ceremony will ordinarily complete a certificate of marriage attorney staten island, which is signed by witnesses to the marriage, and which is filed with the state to record the completion of the marriage. In some jurisdictions the certificate of marriage is incorporated into the marriage license.
Legal Separations
Sometimes, when a divorce seems imminent, a married couple inquires about the possibility of "legal separation". Some states refer to legal separation attorney staten island by other names, such as "separate maintenance".
"Separation" versus "Legal Separation"
Usually, when people use the term "legal separation attorney staten island", they are referring to a situation where a court has entered an order governing what will happen while the parties are separated, perhaps covering issues such as child custody and support, and spousal support (alimony).
Typically, a court will have the power to resolve as part of a "legal separation" any and all issues that would normally be resolved in a divorce. The exception is that when the final order is entered by the court, the parties remain married.
Also, most jurisdictions require a waiting or "cooling off" period before a court will issue a divorce judgment, but there is not ordinarily a waiting period before a court may issue an order of "legal separation attorney Staten Island or "separate maintenance".
It is possible for a married couple to separate without going to court, on the basis of a mutual understanding or even a written agreement. Some people will seek the assistance of a lawyer in drafting a separation agreement. This can be a very good idea, particularly where the parties want to be sure that insurance coverage will continue for both spouses following separation.
"Separation" versus "Legal Separation"
Usually, when people use the term "legal separation attorney staten island", they are referring to a situation where a court has entered an order governing what will happen while the parties are separated, perhaps covering issues such as child custody and support, and spousal support (alimony).
Typically, a court will have the power to resolve as part of a "legal separation" any and all issues that would normally be resolved in a divorce. The exception is that when the final order is entered by the court, the parties remain married.
Also, most jurisdictions require a waiting or "cooling off" period before a court will issue a divorce judgment, but there is not ordinarily a waiting period before a court may issue an order of "legal separation attorney Staten Island or "separate maintenance".
It is possible for a married couple to separate without going to court, on the basis of a mutual understanding or even a written agreement. Some people will seek the assistance of a lawyer in drafting a separation agreement. This can be a very good idea, particularly where the parties want to be sure that insurance coverage will continue for both spouses following separation.
Monday, March 8, 2010
Predatory Lending
Lending can become predatory when aggressive tactics are used to convince a borrower to agree to unfair or abusive loan terms and conditions. Although there is no single definition for predatory lending, it generally occurs when a lending company, broker, or even home improvement contractor takes undue advantage of borrowers by deception, fraud, or manipulation.
Predatory lenders charge excessive fees, interest rates, and pre-payment penalties and often require balloon payments. Frequently, lending decisions are made without considering the borrower's ability to repay, and predatory lenders may permit repeated refinancing over a short period of time without any economic gain for the borrower.
Although predatory lending occurs across various demographic groups, predatory terms are often targeted at the elderly, minorities, and low-income homeowners. Victims of predatory lending practices often face financial crisis, including bankruptcy and home foreclosure, as a result of the deceptive conduct.
Anti-Predatory Lending Laws
Several laws are designed to protect consumers against predatory/abusive lending practices. On the federal level, the Truth in Lending Act (TILA) requires lenders to disclose the APR and loan terms, and the Home Ownership and Equity Protection Act, which is an amendment to TILA was specifically designed to identify predatory mortgage loans. In addition, other consumer protection laws such as the Federal Trade Commission Act (FTC Act), have provisions that deter predatory lending practices.
Moreover, many states have their own anti-predatory laws that are designed to address abusive mortgage lending by restricting the terms or provisions of certain loans. In addition, states have increased the registration or licensing requirements of mortgage brokers and mortgage lenders and have undertaken enforcement activities under existing consumer protection laws and regulations to combat abusive lending.
Numerous federal, state, and non-profit agencies offer assistance for victims of predatory lending practices, including the U.S. Department of Justice, Housing and Urban Development (HUD), state and local consumer protection agencies, state attorney general's office, debt counseling agencies, consumer protection agencies and other nonprofit organizations such as the AARP.
Are you a Victim of Predatory Lending?
Before borrowing money, particularly where your house is used for collateral, read all terms and conditions of the loan carefully and honestly evaluate your ability to repay the loan. Refuse to go through with a lending transaction if you can't afford the repayment plan, if the number of "points" (up-front interest) on the loan is high, or if the terms are changed at the last moment. If you have entered into a loan agreement with terms and conditions that appear predatory, it is important to act quickly to reduce the risk of harm. For certain transactions, you may have the right to rescind the loan if you act within 3 days of signing the agreement. Otherwise, you may need to take additional steps to manage your finances and protect your home against foreclosure.
Victims of predatory lending practices should report any predatory activity to appropriate federal, state, and local agencies. If your loan problem relates to an FHA mortgage origination, underwriting, appraisals or foreclosures, you can seek assistance from HUD National Servicing Center. For non-FHA mortgage problems, including non-disclosure of interest rates and finance charges, prepayment penalties, credit life insurance, fraud, deception, etc., you should contact the appropriate agency to file a complaint against the lender.
Predatory lenders charge excessive fees, interest rates, and pre-payment penalties and often require balloon payments. Frequently, lending decisions are made without considering the borrower's ability to repay, and predatory lenders may permit repeated refinancing over a short period of time without any economic gain for the borrower.
Although predatory lending occurs across various demographic groups, predatory terms are often targeted at the elderly, minorities, and low-income homeowners. Victims of predatory lending practices often face financial crisis, including bankruptcy and home foreclosure, as a result of the deceptive conduct.
Anti-Predatory Lending Laws
Several laws are designed to protect consumers against predatory/abusive lending practices. On the federal level, the Truth in Lending Act (TILA) requires lenders to disclose the APR and loan terms, and the Home Ownership and Equity Protection Act, which is an amendment to TILA was specifically designed to identify predatory mortgage loans. In addition, other consumer protection laws such as the Federal Trade Commission Act (FTC Act), have provisions that deter predatory lending practices.
Moreover, many states have their own anti-predatory laws that are designed to address abusive mortgage lending by restricting the terms or provisions of certain loans. In addition, states have increased the registration or licensing requirements of mortgage brokers and mortgage lenders and have undertaken enforcement activities under existing consumer protection laws and regulations to combat abusive lending.
Numerous federal, state, and non-profit agencies offer assistance for victims of predatory lending practices, including the U.S. Department of Justice, Housing and Urban Development (HUD), state and local consumer protection agencies, state attorney general's office, debt counseling agencies, consumer protection agencies and other nonprofit organizations such as the AARP.
Are you a Victim of Predatory Lending?
Before borrowing money, particularly where your house is used for collateral, read all terms and conditions of the loan carefully and honestly evaluate your ability to repay the loan. Refuse to go through with a lending transaction if you can't afford the repayment plan, if the number of "points" (up-front interest) on the loan is high, or if the terms are changed at the last moment. If you have entered into a loan agreement with terms and conditions that appear predatory, it is important to act quickly to reduce the risk of harm. For certain transactions, you may have the right to rescind the loan if you act within 3 days of signing the agreement. Otherwise, you may need to take additional steps to manage your finances and protect your home against foreclosure.
Victims of predatory lending practices should report any predatory activity to appropriate federal, state, and local agencies. If your loan problem relates to an FHA mortgage origination, underwriting, appraisals or foreclosures, you can seek assistance from HUD National Servicing Center. For non-FHA mortgage problems, including non-disclosure of interest rates and finance charges, prepayment penalties, credit life insurance, fraud, deception, etc., you should contact the appropriate agency to file a complaint against the lender.
Loan Modification Attorney Facts
For HAMP, your loan must be under $729,750. But to refinance the loan, it must be serviced by either Fannie Mae or Freddie Mac. If you are looking for a loan modification, you may still be entitled to get one through your lender, but must still qualify in other ways.
If you can't get a loan modification under HAMP, you can try to talk to your lender about doing a custom loan modification, but I have no idea if they'll be willing or able to do anything. You're essentially asking them to cut off a huge hunk of principal and they might just say no. In that case, your best option would be to simply hand over the house to the lender, or do a deed-in-lieu of foreclosure if you can no longer afford the payments.
You're right - until you miss a payment your lender will likely be unwilling to do anything. So you'll be stuck with a destroyed credit history and credit score no matter what.
While it shouldn’t be that way, and lenders should be willing to modify loans that are not delinquent but might become delinquent in the future, lenders are busy working on loans that are delinquent and may not see a need to work with a borrower that is current on his or her loan.
When it comes to HAMP modifications, the success rate has been rather dismal. From what I have heard, only about 5 percent of all temporary loan applications have gone on to become permanent and only about 10 percent of all applications have been approved as trial loan modifications. With those numbers, it may not make sense to pay someone to help you with the loan modification.
The paperwork involved for a loan modification is similar to the paperwork you would deliver to a lender if you were refinancing your loan. You would, however, also need to present a hardship letter outlining why you believe the lender should give you the loan modification based on your circumstances.
Most trial loan modifications reduce the amount of interest that the borrower is paying, thus lowering the interest rate. Generally, principal reductions are not being done, but lenders will do forbearance agreements, where you simply don’t make payments for a period of time.
If you can't get a loan modification under HAMP, you can try to talk to your lender about doing a custom loan modification, but I have no idea if they'll be willing or able to do anything. You're essentially asking them to cut off a huge hunk of principal and they might just say no. In that case, your best option would be to simply hand over the house to the lender, or do a deed-in-lieu of foreclosure if you can no longer afford the payments.
You're right - until you miss a payment your lender will likely be unwilling to do anything. So you'll be stuck with a destroyed credit history and credit score no matter what.
While it shouldn’t be that way, and lenders should be willing to modify loans that are not delinquent but might become delinquent in the future, lenders are busy working on loans that are delinquent and may not see a need to work with a borrower that is current on his or her loan.
When it comes to HAMP modifications, the success rate has been rather dismal. From what I have heard, only about 5 percent of all temporary loan applications have gone on to become permanent and only about 10 percent of all applications have been approved as trial loan modifications. With those numbers, it may not make sense to pay someone to help you with the loan modification.
The paperwork involved for a loan modification is similar to the paperwork you would deliver to a lender if you were refinancing your loan. You would, however, also need to present a hardship letter outlining why you believe the lender should give you the loan modification based on your circumstances.
Most trial loan modifications reduce the amount of interest that the borrower is paying, thus lowering the interest rate. Generally, principal reductions are not being done, but lenders will do forbearance agreements, where you simply don’t make payments for a period of time.
HOAs and Real Estate Attorneys
The point of mediation frequently is to avoid using attorneys and reduce costs. Even if you want an attorney present, some mediation rules may prevent you from having one with you to present your case.
You need to find out what the rules for the mediation are and what restrictions there are in using an attorney. If you find out that you can’t have a New York real estate attorney represent you, you might still want to talk to one to determine how you should proceed.
Make an appointment with the New York Real Estate Attorney attorney, bring your documents and listen to what he or she has to say about your situation. You should be able to use your time with the attorney to develop a strategy for the mediation and understand your rights and options.
If you don't know a good New York real estate attorney, you should contact your local bar association and ask for the head of the real estate committee. The person who chairs that committee will be a good real estate attorney and, more importantly, should be able to guide you to the best person for the situation.
If you decide not to use a real estate attorney, you should learn as much as you can about your issue. Determine where exactly the fence is located and read the documents that govern your homeowner’s association to determine what rules those rules. Once you’ve done your homework, you should be in a better place going into the mediation.
You need to find out what the rules for the mediation are and what restrictions there are in using an attorney. If you find out that you can’t have a New York real estate attorney represent you, you might still want to talk to one to determine how you should proceed.
Make an appointment with the New York Real Estate Attorney attorney, bring your documents and listen to what he or she has to say about your situation. You should be able to use your time with the attorney to develop a strategy for the mediation and understand your rights and options.
If you don't know a good New York real estate attorney, you should contact your local bar association and ask for the head of the real estate committee. The person who chairs that committee will be a good real estate attorney and, more importantly, should be able to guide you to the best person for the situation.
If you decide not to use a real estate attorney, you should learn as much as you can about your issue. Determine where exactly the fence is located and read the documents that govern your homeowner’s association to determine what rules those rules. Once you’ve done your homework, you should be in a better place going into the mediation.
Subscribe to:
Posts (Atom)
