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 court 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.
April 23, 1999 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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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