Disclaimer and Notice

THIS BLOG SITE IS INTENDED AND DESIGNED FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE EITHER LEGAL ADVICE OR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP.

Tuesday, October 23, 2012

Recent Foreclosure Consent Decree



As a foreclosure mediator in New Mexico, I like to report on news/cases in this special area and the big news right now is the Consent Decree/Judgment entered on April 4, 2012  against 5 financial defendants: 
- Bank of America
- Citigroup
- JP Morgan Chase
- Ally Financial/GMAC, and
- Wells Fargo

The Consent Decree derived from investigations concerning the "robo-signing" of foreclosure

Friday, October 19, 2012

What to Bring to Divorce Mediation

As a domestic relations mediator, I'm often asked "what should I bring to mediation?"  The short answer is, "whatever documents you think you need related to custody, child support and/or property division."  This is not intended to be flip.  However, you know the facts of your own case better than I do--and the level of accord and amicability between yourself and your spouse or partner.  Specifically, what do you think he or she will need to see to accept your claims about salary, your debt, etc.? 

Wednesday, October 17, 2012

Chatterjee: Domestic Partner Custody Rights Revisited

As a guardian ad litem (GAL) and domestic relations mediator in New Mexico, I take special interest in unusual court cases involving children.  In an important victory for same-sex parents, the Supreme Court recently reversed the Court of Appeals and held that a domestic partner and non-biological parent had plead sufficient facts to confer standing as a natural parent--and therefore to seek custody--where she alleged she held child out as her own by providing full-time emotional and financial support. Chatterjee v. King, 2012-NMSC-019.

Monday, October 1, 2012

DWI with Child is Endangerment--"Plus Factor" Not Required

Besides being a mediator and arbitrator, an important part of my practice is also serving as GAL for children and other vulnerable folks.  In this capacity, I've previously written that under NM law DWI and vehicular endangerment of the general public does not constitute child abuse.  Recently the New Mexico Court of Appeals has confirmed that a defendant is "properly convicted of child abuse" by endangerment when he drove a moving vehicle while intoxicated with a child present, even without additional indicia of unsafe driving.