The Consumer Credit Fairness Act
by Richard A. Klass, Esq.
View and download Your Court Street Lawyer’s Quick Reference Guide: The Consumer Credit Fairness Act as a free E-book in PDF format by clicking this link.
44 pages/816 KB
The Consumer Credit Fairness Act of 2021 was enacted in order to address various substantive and procedural issues dealing with consumer debt lawsuits. The legislation was enacted in 2021 with an effective date of April 30, 2022. Much of the Consumer Credit Fairness Act (CCFA) was passed to provide debtors with additional protection concerning consumer debt claims brought against them. Highlights of the CCFA include: New Statute of Limitations, Notice Requirements, Detailed Affidavits, Arbitration and Reduction of Rate of Interest.
Surplus Moneys Proceedings in Foreclosure Actions under RPAPL Section 1361
by Richard A. Klass, Esq.
View and download Surplus Moneys Proceedings in Foreclosure Actions under RPAPL Section 1361 as a free E-book in PDF format by clicking this link.
103 pages/4,363 KB
To read the free on-line web book version of Your Court Street Lawyer’s Quick Reference Guide [to] Surplus Moneys Proceedings in Foreclosure Actions under RPAPL Section 1361 by Richard A. Klass, Esq., follow this link.
Surplus Moneys Proceedings in Foreclosure Actions:
The culmination of a mortgage foreclosure action is the auction sale of the mortgaged property. Once an auction has taken place, a referee appointed by the court to sell the property makes his/her report after closing title to the successful bidder. If the property sells at auction for less than the balance due to the foreclosing plaintiff, the defendant/obligor may be held liable for the deficiency (see, RPAPL §1371). If the property sells for more than the balance due to the plaintiff pursuant to the Judgment of Foreclosure and Sale, the remainder (the “Surplus Moneys”) is deposited with the court, to be held pending further order (see, RPAPL §1354).
Once the surplus moneys are deposited with the court , the Surplus Moneys remain there until someone claims them. If, after 5 years, no one has claimed the Surplus Moneys, then the clerk of the court turns it over to the NYS Office of the Comptroller as abandoned property.
Hug of War Instead of Tug of War
RPAPL Section 993: Uniform Partition of Heirs Property Act
View and download Hug of War Instead of Tug of War: RPAPL Section 993: Uniform Partition of Heirs Property Act as a free E-book in PDF format.
12 pages/236 KB
Read Hug of War Instead of Tug of War: RPAPL Section 993: Uniform Partition of Heirs Property Act as a free on-line web book by following this link.
Background of the Uniform Partition of Heirs Property Act
The background leading to the enactment of the Uniform Partition of Heirs Property Act (UPHPA) in several states, including New York, was the recognition that many landowners in rural and agricultural areas died without leaving either a Last Will and Testament or a Tenants in Common Agreement resolving the disposition of real property. Once the farmer passed away, the farmer’s children or grandchildren couldn’t agree on what to do with the family farm, resulting in some family members selling their interests while others tried but couldn’t come to terms to buy out others. The failure to resolve these intrafamily matters led to outside investors purchasing fractional shares of property and then suing for partition of the whole property to the detriment of the remaining family members.
A Man’s Home Is (Not Always) His Castle
RPAPL 881 License to Enter Neighbor’s Property
In the current economic and political climate in New York City, which encourages building more and more housing units for the multitudes, it is not surprising that property owners are experiencing “growing pains.” Among those “growing pains” are the inconvenience and annoyance to neighboring property owners when a developer buys land next door, then seeks to build on that land, and must gain access through the adjacent owners’ property in order to do the work. Access may be needed to move equipment, build up to the property line, or deliver material to the building site.
RPAPL 881 grants a license to enter property:
New York law seeks to find middle ground between the property developer and the neighboring owner so that the developer may build its structure while the neighbor can be left relatively undisturbed.
I got “Bloomed”!
(Don’t let your client say this about you.)
Keeping Client Confidences and Loyalties after the attorney-client relationship has terminated.
There is nothing more sacrosanct in the relationship between a client and his attorney than that of the joint duties owed by the attorney to his client to keep his confidences and remain loyal. By virtue of these duties owed by the attorney, the client is able to completely and candidly communicate with his attorney without the threat of having his confidential information revealed to anyone else (with few exceptions). When the attorney has completed the legal matter at hand for the client, it is also important to recognize that these duties to keep client confidences and be loyal continue through the termination of representation. Thus, the duty to protect confidential information of an attorney’s client is owed from the initial consultation with the client to the conclusion of the legal matter and, further, to the rest of the attorney’s life.
Killing the “Zombies”
Recent Changes to New York State’s Foreclosure Laws
With New York State still experiencing reverberations from the 2008 Great Recession, the State government passed legislation designed to ameliorate the recessive impacts through changes in mortgage foreclosure laws. On June 23, 2016, Governor Andrew Cuomo signed into law Chapter 73 of the Laws of New York 2016. This new legislation addresses several areas concerning housing retention and foreclosure, including (a) moving “zombie” properties through a quicker foreclosure process; (b) making foreclosure settlement conferences more meaningful to spur settlements; and (c) ensuring that homeowners in foreclosure receive better notice of their rights.
- Eliminating vacant and abandoned properties
- Streamlining foreclosure settlement conference part
- PreForeclosure Notices
- Getting Foreclosed Houses to Market Quicker
Quick Reference Guide to Attorney’s Liens and Legal Fee Enforcement:
What to do if your client stops paying you
Quick Reference Guide to Attorney’s Liens and Legal Fee Enforcement is intended to provide attorneys with information relating to the attachment and enforcement of retaining liens and charging liens; methods of enforcement of these attorney’s liens; steps to be taken to pursue legal action for the recovery of legal fees; and risk management and ethical issues relating to the enforcement of attorney’s liens and actions.
Successfully Defending Your Credit Card Lawsuit:
What to Do If You Are Sued for a Credit Card Debt
Available in two formats:
Successfully Defending Your Credit Card Lawsuit is available as a free E-Book version in PDF format here.
If you are faced with a credit card lawsuit, this book, Successfully Defending Your Credit Card Lawsuit by Richard A. Klass, may help you present a more robust defense. This book offers sample pleadings and motions, numerous free forms and instructions, and descriptions of the defenses and procedures in the “typical” case.
Retention and Withdrawal of Counsel: a guide for attorneys
This booklet is adapted from a continuing legal education (“CLE”) course of the same name taught by Richard A. Klass.
“There are many important considerations when a lawyer is being retained by a client and when the lawyer may be withdrawing from representation of the client.”