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.

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