ALBANY – The ink is barely dry on a bill barring lawyers in matrimonial actions from foreclosing on a client’s house to secure a legal fee, but already the constitutionality of the statute is under challenge.
An attorney for a Poughkeepsie divorce lawyer who holds mortgages on a client’s home claims the U.S. Constitution stands in the way of legislation that would bar his client from asserting rights acquired years ago. Meanwhile, the attorney for the 68-year-old divorcee who stands to lose her homestead over a disputed $47,000 legal bill claims the divorce lawyer is way out of line for attempting to proceed with the foreclosure specifically prohibited by the Legislature.
