In Hogan v. Washington Mutual Bank, the Court of Appeals ruled that Arizona’s “non-judicial foreclosure statute does not require presentation of the original note before commencing foreclosure proceedings.” In Hogan, the original bank, Long Beach Mortgage, transferred the loan to Washington Mutual.  Washington Mutual noticed a non-judicial foreclosure trustee’s sale after Hogan stopped making payments.  Washington Mutual failed, the FDIC stepped in as the Receiver and its assets were transferred to Chase Bank.  Chase Bank proceeded with the foreclosure of Hogan’s home.  Hogan filed a lawsuit to try to stop the foreclosure arguing that either Chase or Washington Mutual had to come forward with the original promissory note.  Both the trial court and the Court of Appeals disagreed and rejected the “show me the note” argument.  The Hogan decision essentially disregarded well respected decades old negotiable instruments law that ties promissory notes to deeds of trust. While this is a non-binding decision on other courts, the trend seems to be moving in favor of the banks.

So, what does this mean for you?  The scariest part of the Hogan decision is that if court’s line of reasoning is continued to be followed by Arizona courts and the legislature does not intervene, any bank could theoretically record a notice of trustee’s sale, even if it does not really own the loan, and start the foreclosure.

In addition, the full impact of this ruling is not really known.  Does the Hogan decision mean that the next time that you take out a home loan that you will not have to sign a promissory note?  Because notes still mean something, a note will still be required despite the Hogan decision. And what if one lender receives an assignment of the note and another lender an assignment of the deed of trust?

At Hymson Goldstein & Pantiliat, PLLC we are here to help you navigate through these legal pitfalls.  If you are facing foreclosure, are contemplating short selling your home, contemplating transferring your home to your lender, or are being pursued by a bank for a deficiency, we can advise you on your rights and offer strong legal representation to assist in protecting you.

Sincerely,

John Lohr, Jr.

Tareq and Michaele Salahi made headlines back in 2009 when they crashed a White House state dinner party and now they’re back in the news due to their impending divorce.

Tareq Salahi filed divorce papers earlier this month after it went public that his wife was engaging in an affair with Neal Schon, the lead guitarist for the band Journey. Michaele reportedly left the couple’s home months ago to live with the musician. In his filings, Tareq cited abandonment and adultery as the reasons. He listed Schon by name.

The divorce comes just days after Salahi reported his wife missing, but it was soon discovered she was fine and with Schon in Memphis, Tennessee.

There has been trouble in the Salahi home for quite some time. Reasons behind the divorce not only include the actual affair, but Mr. Salahi claims his soon to be ex-wife’s behavior was a major factor in making the separation final. It appears Michaele has been flaunting the affair among friends and the public, causing Tareq to “suffer great harm, humiliation and embarrassment.”

The papers show that there is a prenuptial agreement.

People get divorced for different reasons. It’s important to have someone there who knows what to do in these types of situations. The lawyers at Hymson Goldstein & Pantiliat will be there for you to answer any questions you may have.

So what happens to couples who decide to cut “til death do us part” short? Apparently they want their gifts back.

When “happily ever after” didn’t work out for one New York couple, they decided to divorce, but the proceedings when on for nearly 4 years. Why? The husband wanted his kidney back.

Dr. Richard Batista, a surgeon in Long Island, donated his kidney in 2001 to save the life of his wife Dawnell. The surgery was a success, but the marriage soon came to an end when Dawnell filed for divorce in 2005 after 15 years and 3 children together.

However, instead of fighting for their million-dollar home, Barista wanted his kidney back. Stating he felt betrayed by his wife because he believed she began cheating on him just 2 years after the transplant, the surgeon asked for either the actual kidney or to be compensated for it. He was seeking $1.5 million in damages.

The demand was made supposedly because Barista was frustrated about the negotiation process with his estranged wife.

Whatever the reason for why you and your spouse are seeking a divorce, the law offices of Hymson Goldstein & Pantiliat can support you through this difficult time.

18 And Over Better Have Teeth

Tombstone, Arizona is known for a lot of things, especially being a ghost town. Most people associate Tombstone with the days of the Old West where there were cowboys and horses, saloons and shootouts. But in order to live there when you’re legally an adult, you better go to the dentist.

There’s a law in Tombstone that states any man or woman over the age of 18 cannot have less than one missing tooth when smiling. In other words, you have to have a tooth missing when you show off that grin. Back in the old days, dentistry wasn’t that important, so most people didn’t take care of their teeth.

Is that what they call a winning smile?

Ladies, No Pants

Tucson, Arizona probably has one of the most well known laws. Women are not allowed to wear pants. Now, women often wear pants or jeans instead of dresses and skirts, but Tucson stays true to its laws. That doesn’t mean you’ll get arrested for wearing pants while out and about, but the law remains where it is.

So as the weather starts cooling down, women are going to be opting for pants more often.

After the form is completed by an employee, the I-9 must for kept by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials. Surprise audits have recently become more common, and penalties for non-compliance are being assessed. Several million dollars have been assessed for seemingly innocuous paperwork violations. Penalties for failure to comply with the employment verification requirements, whether intentional or not, can range from $100 to $1,100 per violation. Civil penalties for knowing violations can range from $250 for the first violation up to $11,000 per violation for repeated violations.

To maintain compliance with I-9 requirements, it is vital that businesses develop and implement internal procedures for their records. By demonstrating a good faith effort in complying with I-9 procedures, employers can avoid the penalties associated with knowing violations.

At Hymson Goldstein & Pantiliat, we work closely with our clients in all matters of labor and employment to ensure they are compliant with the law. We focus on limiting exposure and protecting interests so that our clients can run their business. Feel free to contact me if you have any employment concerns or questions regarding any other legal matter.

*Source: Federal Reserve Bank of New York, Quarterly Report on Household Debt and Credit: May 2011

This PDF contains tips to help you break the cycle of debt and achieve financial freedom by outlining steps you can take to create a budget and save money. It also details a plan to eliminate credit card debt and loans in less time than it would traditionally take. Feel free to share this information with your family or friends who are looking to get out of debt and improve their financial security.

If you have any questions about financial planning and investment, I strongly urge you to engage a financial planning specialist. I have done so because the matter is too complex to master without a lot more study than I can devote or experience than I have. When it comes to questions on the legal implications of your financial commitments, asset protections or any legal matter, please do not hesitate to contact me.

Sincerely,

Eddie Pantiliat

*Source: Federal Reserve Bank of New York, Quarterly Report on Household Debt and Credit: May 2011

Increasingly much of who we are is found in our e-mail accounts, Facebook pages, blogs or the websites that we use.  An estate plan that ignores these “digital assets” may expose the decedent and his family to several risks, such as:

• Identity theft
• Theft of content
• Losses to the estate
• Losing the decedent’s story

An estate plan that accounts for digital assets will ease the burden on a decedent’s executors, personal representatives and trustees.  For example, placing a list of e-mail and other online accounts, passwords, security questions and answers in a safe place, like a safety deposit box, where the person’s will and trust documents are located can facilitate the termination of those accounts.  The list should also contain any valuable domain names that the decedent owns so that the registration of those domain names can be renewed before they are lost to the public domain. (E.g. my firm’s domain name “legalcounselors.com”)

The provisions that grant powers to executors, trustees, and donees of powers of attorney should contain language that grants those persons appropriate rights and privileges to deal with digital assets.  At a minimum, they should grant those persons the power to access the accounts and obtain passwords.

Planning for the proper disposition of these digital assets requires knowledge of the assets the person owns and the possible exposure they create.  People have different digital lives.  For some their Facebook account is a valuable business asset.  Others would not be caught dead (pun intended) using Facebook.  One person may have valuable literary content on their blog but has never taken the time to register that content with the United States copyright office.  Only an estate planner sensitive to the needs of our information age can ask the right questions to get the right answers.

At Hymson Goldstein and Pantiliat, PLLC, we like to think ahead of the curve.  It’s just one way we can provide peace of mind for our clients, because that is our business. If you would like to augment or modify your estate plan to take your digital assets into account or for any other reason, please feel free to contact Karine Isayev, our estate planner, or her assistant, Rachel Hogan, to set up an appointment.

Sincerely,

John L. Lohr

“Following is a terrific article by Harvey Mackay.  In these challenging business times and bickering political debates, I think we would all be well served to pause for a few minutes and reflect on the many people who have given us so much throughout our lives.  I know I am grateful to so many who have helped me.  Harvey really hits the point with this article.

Let me know if we can help you with any of your banking needs.

Bill”

I would add that these last years, I have been doing more and more of this and it not only has positive effects of the recipient but also on me. Once when I was a young attorney, I saw a sign on the public notice board of a church and a synagogue, with only a slight variation: “We are at our best when we are good to others.” Given the way the message was delivered to me, I thought it important enough to go back for my camera, take a photo, and post it on my refrigerator, where it sits to this day. I see it every morning as I reach for my iced coffee. When I am having a particularly trying day or just in a bad mood, I try to apply the advice and it helps me return to the positive, even if what I do is merely smiling at or complimenting strangers. Some of the brightest smiles have come from the attendants who keep restrooms clean and busboys who have kept my table tidy. When you think about it, who stops to notice the ordinary favors in our daily lives? But, if the restroom was ugly or the table left un-policed, you could be sure that I would notice and register complaint!

Try it and do yourself a favor!

Sincerely,

Irving Hymson

Then, a few days later, we had reason to celebrate again – but this time for the capture and killing of the world’s most wanted terrorist and mastermind of the 911 attacks.  It made us feel good, as Americans, that justice was finally served.

How these two events, in such sharp contrast to each other, can evoke the same type of interest and emotion is unexplainable.  Maybe, what it does is give us an opportunity to look into our own lives to find personal events to celebrate like graduations, promotions, birthdays and anniversaries.  After all, taking time to celebrate the special moments in our own lives would probably give us much more satisfaction and joy in the long run.

So, here is wishing all the mothers a belated Happy Mother’s Day and all the rest, a hardy congratulations and good cheer for all of your accomplishments and achievements.  Let’s celebrate!

Very truly yours,

Eddie A. Pantiliat

A California man attended an event in which the participants could attempt to walk on fire, at their choice. Even though this man was warned about the risks of fire walking he still made the attempt. The man sued the event organizers for his injuries from his fire walk.

A 69 year old New York man attended a dinner theater and was asked to dance with one of the performers during the show. During a portion of the dance, the performer lost control and the man fell. Although he volunteered to be a participant, the man claimed the fall caused him to fracture his ankle and sued the company’s producer for $5.5 million.

A woman from New York City attempted to end her life by laying on the subway tracks. She didn’t succeed and instead sued the city of New York for her injuries. She was awarded $14.1 million by the state Supreme Court.

If you have any questions about personal injury or if you are seeking legal advice, please give Hymson Goldstein & Pantiliat a call to make an appointment with one of our lawyers 480-991-9077.