Family Law › Residential Real Estate

Who Gets the House in a Divorce?

In a divorce, assets and debts accrued during the marriage are divided. The most valuable marital asset is usually the house. The largest debt is usually the mortgage. Deciding what happens to the house is often complicated...more

Debtor v. Bank of America, N.A.; 2:11-ap-01983-VZ

Court Transcript on Summary Judgment Hearing

Debtor's counsel successfully defeated this summary judgment motion brought forth by Bank of America, N.A. and a successive motion in this case. A pretrial conference is scheduled for May 23, 2013. The findings of fact...more

Selling Your Home In A Divorce

Selling a home in even the best circumstances can be stressful – and selling as part of a divorce settlement can be especially complicated....more

Share Of Appreciation Not Granted In Prenuptial Agreement

A recent Florida appellate court decision provides a drafting lesson in prenuptial agreements - if a spouse is to receive an interest in appreciation in an asset, the agreement should be specific on that....more

A Cautionary Tale On Holding Title: Marriage License Does Not Override Domestic Partnership Agreement

A recent case, the Estate of Wilson, 2012 WL 6216869 (1st Dist. 2012), illustrates generally why escrow holders should avoid giving advice to parties to an escrow on how to take title to real property...more

Illinois Supreme Court to Issue Final Four Civil Opinions on Friday Morning

This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata and absolute immunity,...more

The Eleventh Circuit Discusses When The Government Can Take Your Wife's Stuff To Make Resitution For A Crime You Committed

When a person is convicted of a federal crime, especially in a fraud case, but in lots of other kinds of federal criminal cases too, the district court sometimes also orders that the person pay restitution....more

Next Conférence: "Les acteurs-clés des investissements immobiliers transfrontaliers"

AIJA/ ABA Seminar/ Key Players in Cross-Border Real Estate Investments: La conférence réunissant des experts internationaux, "Les acteurs-clés des investissements immobiliers transfrontaliers",...more

Legal Sense with James Andrews

Attorney James R. Andrews II is the host of Legal Sense with James Andrews. James was born in East Orange, New Jersey. He graduated from high school in Whippany, New Jersey and then attended the University of Virginia where...more

How to Divide the Equity in Your Marital Home

You both deserve part of your marital home, but you cannot cut a house down the middle. Splitting the equity in your home requires strategic planning and creative thinking. Common solutions include: •Selling your home...more

Financially Adrift and Lost on Long Island

A recent HBO documentary details the impact of the "Great Recession" on Long Island residents....more

Pseudonym v. Wachovia Mortgage Corporation

Appellant's Brief to the Dallas Court of Appeals

In a divorce case, the trial court awarded the marital residence to the wife. Wachovia held a lien on the residence resulting from a home equity loan taken out during marriage by the husband without the wife's knowledge....more

CFPB: Next Up, Reverse Mortgages!

In a June 28, 2012 Report to Congress, the Consumer Financial Protection Bureau (the CFPB or the Bureau) published its study of reverse mortgage transactions. This study was required by Section 1076 of the Dodd-Frank Wall...more

New York High Court Issues New Decisions

Steven Getman attorney reports that the New York State Court of Appeals has issued a number of new decisions this week on several important issues in civil and criminal law. * * * * * * * * * * Steven Getman Attorney Steven...more

E3931. Asking Location of Handgun Permitted if Exigent Circumstances. 2. Out of Court Statements Not Admissible. 3. Prior NY DWI...

1. Asking Location of Handgun Permitted if Exigent Circumstances. State v. Melendez 423 NJ Super. 1 (App. Div. 2011) Relying on the public safety exception in New York v. Quarles, 104 S. Ct. 2626, 2631 (1984), and State...more

Never Let The Objection Be About Price

When someone talks about price it’s the best BUYING Signal you can ask for. Evenif it is a price objection, the prospect has made that mental leap and thought about owning what you have to sell. The request for the...more

Divorcing When Your Home Is Drowning in Debt

Divorce can be one of the most emotionally challenging ordeals a person can go through. And in these economic times, more and more divorcing couples are having to deal with the added stress of dealing with a house whose...more

Why you need to review your estate plan after your divorce.

If you are like most people who are getting divorced, or who have just gone through divorce, you no longer want your ex-spouse to be the beneficiary of your estate or to put your child(ren)in a position to be disinherited if...more

"F" is for Fresh Start through Bankruptcy

In the bankruptcy world (yes, there is such a place!) the term “fresh start“ is mentioned so often that it can become cliche. However, when you can get past the initial feelings you may have about bankruptcy, the end result...more

Midland Funding, Portfolio Recovery, LVNV Funding. The Debt Buyers and Why You Should Fight

Most people that will read this article have had the unpleasant experience of receiving a knock at the door only to get served with a lawsuit. After the shock subsides as to what just happened, you look at the paperwork and...more

E is for Equity

Equity. It is usually your friend. If you are in bankruptcy, it can be an issue. Simply put, equity is what you actually “own” in your property. For instance, if you have a car that is worth $10,000 and you still owe $6,000...more

How Has the Great Recession Impacted Your Choices?

Because I work as a bankruptcy attorney I have the opportunity to meet a lot of people here in Arizona who have taken a beating during this recession. And while the recession technically ended a while back, many, if not most...more

D is for Debt Free

Debt free. Can you even imagine it? I would dare say that when most people come in to inquire about filing for bankruptcy they aren’t really thinking about the end result of being debt free, but are more focused on stopping...more

Late Night Emails to a Bankruptcy Attorney

When I opened my bankruptcy law practice here in the Phoenix area a while back I wanted to create a website where clients could easily communicate with me and learn about the bankruptcy process. In the morning when I check...more

C is for Creditor

C is for Creditor By John Skiba, Arizona Bankruptcy Lawyer www.skibalaw.com This one is pretty basic but you may be surprised as to how many people aren’t quite sure what the difference between a creditor and a debtor is....more