New HUD-1 Form


RESPA – Real Estate Settlement Procedures Act Home Page – HUD

From HUD:

For the first time in more than 30 years, the U.S. Department of Housing and Urban Development has issued long-anticipated mortgage reforms that will help consumers to shop for the lowest cost mortgage and avoid costly and potentially harmful loan offers. HUD will require, for the first time ever, that lenders and mortgage brokers provide consumers with a standard Good Faith Estimate (GFE) that clearly discloses key loan terms and closing costs. HUD estimates its new regulation will save consumers nearly $700 at the closing table.

RESPA Final Rule
Good Faith Estimate
HUD-1
HUD1-A
Regulatory Impact Analysis

FINDLAW:Daily Opinion Summaries for New York Court of Appeals – 11/25/08


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Court of Appeals Rules on “Attorney Approval” Clauses in Real Estate Contracts:

CONTRACTS, ETHICS & PROFESSIONAL RESPONSIBILITY, PROPERTY LAW & REAL ESTATE

Moran v. Erk, No. 176
Where a real estate contract contains an attorney approval contingency providing that the contract is “subject to” or “contingent upon” attorney approval within a specified time period and no further limitations on approval appear in the contract’s language, an attorney for either party may timely disapprove the contract for any reason or for no stated reason. Judgment for plaintiffs is reversed.

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CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Hawkins, No. 175
In consolidated but otherwise unrelated criminal appeals, both convictions are affirmed where defendants did not properly preserve for appellate their challenges to the legal sufficiency of the evidence.

CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Jean-Baptiste, No. 174
Reduction of conviction to manslaughter in the second degree is affirmed where, because the Appellate Division properly applied the present standard for depraved indifference murder, the evidence introduced at trial was not legally sufficient to establish defendant’s guilt of depraved indifference murder.
CRIMINAL LAW & PROCEDURE

People v. Castellano, No. 173
Order affirmed where defendant’s argument that the evidence presented at trial was insufficient to support his conviction for depraved indifference murder is unpreserved for this Court’s review.
CRIMINAL LAW & PROCEDURE

People v. George, No. 172
Order of the Appellate Division should be affirmed, where contrary to the People’s contention, defendant properly preserved for our review his challenge to the legal sufficiency of his depraved indifference murder conviction.
INSURANCE LAW, PROFESSIONAL MALPRACTICE

Continental Casualty Co. v. Stradford, No. 180
In an action to determine whether plaintiff-insurer timely disclaimed coverage in defense of two dental malpractice actions on the basis of defendant’s non-cooperation, grant of summary judgment to defendants is reversed where issues of fact remain with respect to the timeliness of plaintiff’s disclaimer.

FINDLAW:Daily Opinion Summaries for New York Court of Appeals – 11/24/08


ADMINISTRATIVE LAW, GOVERNMENT BENEFITS, LABOR & EMPLOYMENT LAW

In the Matter of Gormley v. New York State Ethics Commission, No. 162
Imposition of a civil penalty under Public Officers Law section 73(18) does not require the New York State Ethics Commission to prove that petitioner knew the conduct was prohibited and acted intentionally to violate the statute. 
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CIVIL PROCEDURE

Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc., No. 171
Order denying plaintiffs’ motion to confirm a special referee’s report, which recommended that defendant be compelled to produce a non-U.S. resident for oral deposition in New York and testimony and documents relating to a foreign arbitration in which defendant is not a party, is affirmed where evidence did not support the special referee’s recommendation.

CRIMINAL LAW & PROCEDURE

People v. MacShane, No. 220 SSM 40
Order of the Appellate Term is affirmed where defendant failed to meet his burden of establishing a prima facie case of discrimination under step one of the three-step protocol in Batson v Kentucky (476 US 79 [1986]).
CRIMINAL LAW & PROCEDURE

People v. Naradzay, No. 188
Convictions for attempted murder in the second degree, attempted burglary in the first degree, and criminal possession of a weapon in the fourth degree are all affirmed over defendant’s challenges to the legal sufficiency of the proof supporting his attempted burglary and murder convictions.
CRIMINAL LAW & PROCEDURE

People v. Johnson, No. 166
In a child pornography case, the court’s application of the Board of Examiners of Sex Offenders risk Factor 7, indicating an increased level of risk when a crime “was directed at a stranger,” is affirmed over defendant’s claim that Factor 7 be interpreted in a way that makes it inapplicable to his case, where the factor’s plain language precludes such a result.
LABOR & EMPLOYMENT LAW

Helmsley-Spear, Inc. v. Fishman, No. 164
In a nuisance action brought by managers of the Empire State Building against a union that was loudly picketing and drumming outside the property, the private nuisance cause of action is not preempted by the National Labor Relations Act (NLRA), as loud drumming is not an “integral part of the legislative scheme” of the NLRA. Matter remanded for consideration of issues raised but not determined. .