LaMonica Herbst & Maniscalco, LLP

LaMonica Herbst & Maniscalco, LLP.
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LaMonica Herbst & Maniscalco, LLP
3305 Jerusalem Avenue
Wantagh, New York 11793

info@lhmlawfirm.com

Phone: (516) 826-6500
Fax: (516) 826-0222

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Big Banks Continue to Settle Charges of Defrauding Homeowners

  January 22, 2013     Joseph Maniscalco  

Nowadays, newspapers regularly publish articles about big banks settling charges that they routinely “misled investors while selling billions of dollars of investments linked to home loans.”

The unfortunate reality is that homeowners were likely ill-advised (if at all) by these same banks of the intricacies of the loans they were taking, including the impact of interest rate hikes, the reality that they were borrowing more than they could pay, etc. Likewise, the banks that were lending to these homeowners failed to advise Wall Street about the risky nature of the loans, Wall Street failed to advise the insurance companies (like AIG) about the risky insurance derivative swap business, and so on and so forth. While this was happening, America rejoiced. The housing market boomed, home prices soared, mortgage brokers earned high fees and, naturally, banks collected huge fees. Then the inevitable happened: homeowners defaulted on the loans they could never afford, foreclosure filings increased, real estate values stopped rising and, little by little, the real estate bubble burst and the crisis unfolded.

Now, after being bailed out by Congress and Wall Street, the same big banks are settling serious charges, such as misrepresentation and failure to disclose, and agreeing to pay “hefty” fines. However, are these fines hefty enough when compared to the trillions of dollars that were diverted? Will the fines actually help homeowners? Or, at the end of the day, will these banks have gambled and won at the expense of the American public?

 

 

October Bankruptcy Filings Up 16% Over Previous Month; Commercial Filings Up 19%

  November 7, 2012     Joseph Maniscalco  

Total bankruptcy filings in the United States for the month of October increased 16 percent compared to September, according to data provided by Epiq Systems, Inc.

October bankruptcy filings totaled 101,278, up from the 87,522 filings registered in September 2012. The 96,498 total non-commercial filings for October represented a 16 percent increase from the September non-commercial filing total of 83,493. Total commercial filings for October 2012 were 4,780, representing a 19 percent increase from the 4,029 filings in September. Commercial chapter 11 filings also increased in October as the 704 filings represented a 3 percent increase over the 681 filings in September.

 

Foreclosure Filings Rising

  August 16, 2012     Joseph Maniscalco  

For many people, Long Island and the American dream of home ownership were synonymous. People felt as though they could purchase a home and live the life they imagined. Things seemed well and good, and money was cheap and free flowing.

Since the real estate “bubble” burst, Long Islanders have suffered dramatically. Foreclosure rates are among the highest in New York state. No one knows when the real estate market will rebound but, for now, many Long Islanders are struggling to survive and stay current with their mortgage(s). Many of us are not succeeding.

However, there has been significant and protective legislation to protect homeowners. Just because a foreclosure action is commenced by your lender, it does not mean that you will be kicked out of your home tomorrow. Due process prevails. Indeed, while the rise in foreclosures is troubling, there is some breathing room. For instance, in New York state, homeowners are entitled to a 90-day pre-foreclosure notice before a lender can begin a foreclosure action. This notice is required to include a list of at least five not-for-profit housing counseling agencies that can assist homeowners at risk of foreclosure.  Sometimes, these organizations can even assist with loan modifications.

LH&M is uniquely familiar with the foreclosure process and the protections afforded homeowners. Contact us to find out more.

 

Gestures Increase Productivity on the iPad

  April 11, 2012     David A. Blansky, Esq.  

While “giving the finger” is generally frowned upon in a civilized society, the use of multi-finger gestures can increase productivity on the iPad.

In October 2011, Apple released an upgrade to iOS, iOS 5, which officially incorporated the use of multi-finger gestures.

Once mastered, these gestures nearly eliminate the need to press the Home Button and significantly speed moving between and closing applications.

By now you have likely mastered using two fingers to zoom in and out and move between the Home Screens, and double tapping to zoom.  With a little practice, you will master these multi-finger gestures and never look back.

Five-finger pinch: Use all of your fingers to grab the screen to return to the Home Screen regardless of what application you are working in.

Four-finger swipe up: Rather than double tap the Home Button, swipe four fingers upward to see the multitasking bar that shows you the apps currently running.  Once the multitasking bar is in view, select a different app, hold down an app to put until it “wiggles” if you want to close it (by tapping the red circle containing a minus sign) or swipe four fingers down to hide the multitasking bar.

Four-finger swipe left / right: Alternatively, swipe left or right to move through apps that are still running, rather than using than resorting to the multitasking bar.  You could plan ahead by opening your most often used apps one after the other so that you can quickly move between them using the four-finger left/right swipe.

If the gestures do not seem to be available, make sure you are running iOS 5 or later and that multi-finger gestures are activated on your iPad.  Look in Settings, General, Multitasking Gestures to set the slider to On.

The views expressed on this post are mine and do not necessarily reflect the views of LH&M.

 

Delaware Bankruptcy Court Amends Standing Order of Reference

  April 2, 2012     David A. Blansky, Esq.  

In an apparent response to the Supreme Court’s decision in Stern v. Marshal, 131 S. Ct. 2594, 180 L. Ed. 2d 475 (2011), on February 29, 2012 the United States District Court for the District of Delaware issued an Amended Standing Order of Reference stating that if a bankruptcy judge or district judge determines that entry of a final order or judgment by a bankruptcy judge would not be consistent with Article II of the United States Constitution, and determined to be a core matter, the bankruptcy judge shall hear the proceeding and submit findings of fact and conclusions of law to the district court.  A copy of the amended order may be found here.  The prior standing order of reference for the District of Delaware can be found here for comparison.

The amended standing order of reference is identical to the one entered by the United States District Court for the Southern District of New York on January 31, 2012, a copy of which may be found here.

The views expressed on this post are mine and do not necessarily reflect the views of LH&M.

 
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  • Recent Posts

    • Big Banks Continue to Settle Charges of Defrauding Homeowners
    • October Bankruptcy Filings Up 16% Over Previous Month; Commercial Filings Up 19%
    • Foreclosure Filings Rising
    • Gestures Increase Productivity on the iPad
    • Delaware Bankruptcy Court Amends Standing Order of Reference
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