On Marriage and Divorce, Collaborative Style

We can't all have a marriage like Jay Z and Beyoncé. http://www.nytimes.com/2014/02/04/arts/music/beyonce-and-jay-zs-sultry-dance-makes-a-case-for-marriage.html  But can we all have the benefits? Married partners who truly express their love, can be affirming for others. Couples who share their "dirty laundry" can make the rest of us uncomfortable. Are you happy in your marriage? There are certainly benefits, but some may be overstated.

Recently an article in the New York Times caught my eye: http://www.nytimes.com/2014/02/09/magazine/can-marriage-cure-poverty.html?hpw&rref=magazine
Titled, Can Marriage Cure Poverty, the article explores the idea that married couples are somehow boosted from the poorhouse through collective gain. While it is an easy assumption that two parties can live more efficiently than one, I think this article places too much emphasis on raw statistical analysis and too little on evidence of life realities in the 21st century.
Actually the opinion piece is critical of Florida Senator Marco Rubio for his statements on the subject. At a speech by Rubio last month he stated: In 1964, “93 percent of children born in the United States were born to married parents. By 2010 that number had plummeted to 60 percent.”
Rubio was really criticizing President Johnson and the War on Poverty, Johnson’s governmental campaign to boost the opportunity and incomes of the poor, begun in 1964. So on the 50th anniversary of the War on Poverty,  Rubio calls marriage “the greatest tool to lift children and families from poverty.” How nice. If only the other 7% of children had had married parents, there would have been no poverty to declare war upon.
Very Naïve Senator.

Another article details the other end of the spectrum: Divorce among the 1%.  http://www.nytimes.com/2014/02/02/business/breakup-at-740-park-avenue.html?_r=0
As Julie Creswell writes, "This is a story of marriage and money in the 16-room, five-and-a-half-bath duplex world of luxury Manhattan real estate." What might be referred to as a High Asset Divorce.
The story goes on to detail the catastrophe of the Great Recession as it inspires the rich to seek divorce. Unfortunately, as unhappy marriages sometimes go, there was an allegation of a drunken assault, resulting police intervention. From there the story is all too familiar. Any equitable distribution must consider allegations of a post-nuptial agreement, claims of ownership of jewelry, insurance proceeds taken by fraud, ashtrays valuations, and all manner of argument. Collaborative Law might have helped out this situation. I wonder if Senator Rubio warned them of the poverty headed their way? Perhaps he should have because bankruptcy filings are mentioned throughout the story.

Parents must make real choices for their children. Preservation of assets may seem as though one party simply wants all the pie while leaving the cleanup to others. Actually, children of divorce have higher incidence of teen pregnancy, school disciplinary problems, and criminal activity when compared to their friends of happily married parents.

In a collaborative practice, we seek to allow parents to make the decisions normally left to the judge. We allow parents to find the best result for their family even if it is not exactly like the law may imply. What is best for your family? If divorce is being discussed, Collaborative Law should be considered.

If you have questions, call me 407-645-3297 or visit my website at www.aubreylaw.com
          I look forward to hearing from you!

Ask Your Attorney to Attend!

Modification Workshop – Orlando, FL August 26, 2013

 

 

Event Details

Track I: 8 Hour Course (Includes 1 hour ethics) for Mediators: Residential Mortgage Modification Course pursuant to Administrative Order 2013-3 for inclusion on the Bankruptcy Court panel of mediators for the United States Bankruptcy Court, Middle District of Florida
Track II: 8 Hour Course (Includes 1 hour ethics) for Attorneys, Staff and Law Students: Successful Mortgage Mediation through Bankruptcy

Time

8:30 a.m. – 4:35 p.m.

Cost

Early Registration through August 18, 2013
Attorney / Mediator: $349.00
Staff: $249.00
Law Students: $150.00
Late Registration begins August 19, 2013
Attorney / Mediator: $399.00
Staff: $299.00
Law Students: $199.00
Flash drive of materials and resource tools are provided. Binder cost is $75.00

Location

UCF Executive Development Center at Ying Academic Center
University of Central Florida
36 West Pine Street
Orlando, Florida 32801

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For parking details, click here: Directions and Parking to EDC 2011
Hotel Information: Crown Plaza Hotel Orlando

• Workshops

Frequently Asked Questions: Mortgage Modification Mediation

For the past year, I have been involved in a company which trains attorneys to defend Foreclosures through Bankruptcy and the Mortgage Modification Process.

While normally mediations in foreclosure proceedings are not very successful, (less than 5 percent result in loan modifications or the owner being able to remain in the home) we have seen great success through a relatively new bankruptcy court proceedure requiring Mediation. In the Orlando area,  more than 70 percent of homeowners have been able to modify their mortgages and keep their homes through this program.

Yes, you read that correctly, higher than 70 % success rate through Mortgage Mediation in Bankruptcy in the Orlando Division of the Middle District of Florida!

While the program is taylored toward bankruptcy, any attorney can benefit from the training provided. To learn more, visit www.mortgagemodificationeducation.com or call me at 407-645-3297.

Now for those FAQs:

Do I have to file bankruptcy to save my home? No, but you must not rule out this alternative.
Why do the banks make it so hard to get a modification? Banks and their underwriters have VERY STRICT Guidelines to qualify a home mortgage for modification.
Why does the bank want to foreclose my home?  The bank DOES NOT WANT YOUR HOME. The bank wants a PERFORMING LOAN. In fact the bank must meet very specific guidelines once the foreclosure is completed in selling the home which results in significant lost value. For this reason, banks attorneys are very reluctant to move foreward with the foreclosure and will even resist completing the foreclosure on anything other than their own timeframe.
Is it too late to save my home? Not if the Foreclosure is still pending. However, once the home is sold at auction, and title is issued by the court, you probably cannot save the home. However, you may be allowed to negotiate your leaving on favorable terms with the new owner.
Should I hire an attorney to represent me? Yes, but be very careful that the attorney is familiar with the Mortgage Mediation Program of the Bankruptcy Court. Avoid simple Foreclosure Defenses as they seldom result in Modification of the Mortgage allowing you to remain in the home.

For additional information, visit www.mortgagemodificationeducation.com my website at www.aubreylaw.com or call me at 407-645-3297.

I look forward to speaking with you! Aubrey

Mortgage Modification Training

While Hurricane Sandy worked over the East Coast, we spent today with 25 attorneys focused on helping homeowners save their homes through modification of mortgages under HAMP, HAFA, DOJ program, and other bank programs. I am always encouraged when so many people want to learn how to help people.

11 Mediators worked with 13 Debtors' counsel attorney and 3 Creditors Counsel attorneys to practice with Mock Mediations at the end of the day.

Thanks to Tammy, Bob, Laurie, Jo, Liz, Wayne, Stephan and Leanne for working together so well to put this seminar together.

Thanks OCBA for hosting and providing lunch and snacks. Next seminar is scheduled for January 7th in Memphis, Tennessee; hoping to see attorneys from Lousianna, Mississippi, Arkansas, Tennessee, Missouri and even Alabama!

Mortgage Modification Education

If you have a Mortgage, or represent Clients who have mortgages, you should attend the Mortgage Modification Education this Friday at UCF's downtown center. To register, go to: http://www.mortgagemodificationeducation.com/

Or email me at aubreylaw@gmail.com

The cost for attorneys is only $399; for that you will receive 7 hours of CLE including 1 hour of Ethics.

Economic Down times mean opportunity

Many clients ask whether they can afford to get divorced in this bad economy. The answer for some may be no, but the answer for many more may be YES! The economy presents a nationwide downer. Moods are bleak, consumer confidence is at record lows. Now is the time to change your outlook by fixing that nagging home problem once and for all. How could your life be changed by making changes at home now.

All over the country, people are facing debt issues, bankruptcy considerations, loan writedowns and writeoffs. With investments such as 401K and stock funds low, this may be the time to split those and move on with independence to invest again.

Home values are lower than ever presenting a unique opportunity to buy out your spouse at a discount. Yes, you may have to give up some of your desires, but with equity very low, a buyout is more affordable now than ever. Offsets of stock funds against equity in homes with tax advantages on both sides may allow you and your spouse to fight less and agree more to resolve your disagreements once and for all.