NY top court clears probe of inflated appraisals
Lawyer Blogs
New York's top court has cleared the state attorney general to pursue allegations that First American Corp. and subsidiary eAppraiseIT inflated property appraisals under pressure from client Washington Mutual.
The Court of Appeals says federal regulations do not pre-empt state claims alleging fraud and violations of real estate appraisal rules.
Then-Attorney General Andrew Cuomo brought the 2007 civil suit alleging the practice contributed to the national subprime mortgage crisis.
Washington Mutual collapsed in 2008 and became the nation's largest bank failure ever.
Six top court judges ruled that Congress envisioned "a robust partnership with the states" in aiming to prevent real estate appraisal abuse.
In a dissent, Judge Susan Read says the suit challenges a bank's federally regulated mortgage practices.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.