A mortgage that a wife gave to her lawyer to secure attorney’s fees will be honored even though the encumbrance was on the marital home and a divorce judgment awarded the property to the husband, a divided New York appeals court has ruled.

By a 3-2 margin, the Appellate Division, Second Department, found the attorney’s interest trumps the husband’s, even though the mortgage was taken against the home after divorce proceedings had begun in Goldman v. Goldman.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]