Supreme Court: Does state law nix homeowners’ toxic tort claim?
WASHINGTON — The ability of a group of North Carolina homeowners to bring a lawsuit over latent contamination in their well water will come down to the U.S. Supreme Court’s answer to a single, if technical, question: Is there a functional difference between a statute of limitations and a statute of repose? The issue in […]
Gates considers help for homeowners
Some of the area’s largest businesses have received tax breaks for new projects and for rehabilitation of existing projects. They include Xerox Corp., Marketplace Mall, the University of Rochester and LiDestri Foods, among others. They total in the millions of dollars. Now, homeowners in Gates who plan to remodel their home may also see a […]
Law will help homeowners in legal limbo
Consumer attorney Rebecca Case Caico knows of a foreclosure complaint that was filed in 2009, and the homeowner’s first settlement conference wasn’t held until 2013 — four years later. That’s one example of the thousands of inactive foreclosure cases across in New York that are part of the “shadow docket” that has left homeowners petrified […]
Banks fall short helping struggling homeowners
WASHINGTON — A new report says homeowners trying to avoid foreclosure must wait too long for their loan modification applications to be reviewed by some of the nation’s top mortgage servicers. Such delays can plunge borrowers deeper in debt. Joseph A. Smith, the independent monitor of last year’s national mortgage settlement, said Wednesday that while […]
Assurant to pay $14M over force-placed insurance
ALBANY — New York financial officials have settled with Assurant Inc. over “force-placed” insurance with refunds to some homeowners and a $14 million penalty. The settlement follows a Department of Financial Services investigation of the insurance policies banks take out when a homeowner fails to maintain coverage required by the mortgage, often because they are […]
Thousands of NYers share $1.8B in mortgage relief
ALBANY — Thousands of New York homeowners have gotten an estimated $1.8 billion in loan relief from five U.S. banks as part of the national mortgage settlement over foreclosure abuses. So far, 21,535 New York homeowners have received assistance, including $1.2 billion in principal reductions and refinancing that lowers interest rates on their mortgages. New […]
Goldman, Morgan Stanley pay $557M in mortgage case
WASHINGTON, D.C. — Goldman Sachs and Morgan Stanley will pay a combined $557 million to settle federal complaints that they wrongfully foreclosed on homeowners who should have been allowed to stay in their homes. The agreements announced Wednesday with the Federal Reserve were similar to deals struck earlier this month with 10 other major banks […]
Banks agree to pay $8.5B for foreclosure abuse
WASHINGTON, D.C. — Ten major banks agreed Monday to pay $8.5 billion to settle federal complaints that they wrongfully foreclosed on homeowners who should have been allowed to stay in their homes. The banks, which include JPMorgan Chase, Bank of America and Wells Fargo, will pay billions to homeowners to end a review process of […]
Homeowners won’t have to pay storm deductible
ALBANY — State officials have determined New York homeowners won’t have to pay an insurance deductible in seeking compensation for damage from superstorm Sandy. Laws in 15 states including New York allow officials to waive the 1 percent to 5 percent deductible payment if a storm is downgraded from a hurricane. Sandy was downgraded from […]
AG backs bill to crackdown on foreclosure fraud
Proposed legislation backed by New York Attorney General Eric Schneiderman could impose stiffer penalties against those who engage in fraudulent foreclosure practices. The Foreclosure Fraud Prevention Act of 2012, which was introduced into the New York State Assembly on Wednesday, would define residential mortgage foreclosure fraud as a criminal offense carrying fines and jail time. […]
AG releases hiring tips for homeowners
Following action cracking down on unscrupulous home improvement contractors, Attorney General Eric T. Schneiderman has issued tips to protect New Yorkers from unlawful contracting practices as the summer season begins. While in Plattsburgh on Saturday, Schneiderman announced the results of an investigation into 47 contractors for committing widespread violations of the law, including failure to [&[...]
AG: Foreclosure assistance funding on way
Nonprofit foreclosure prevention assistance programs across the state breathed a sigh of relief this week with New York Attorney General Eric T. Schneiderman’s announcement that at least $9 million will be available to them to continue assisting homeowners in danger of foreclosure through the state’s Foreclosure Prevention Assistance Program. Funding for the program was set […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
Law News
- Fourth Department affirms $400K judgment in contract dispute
- Could legislation limiting non-compete agreements kick off a new era of workplace disputes?
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA