Legal Question in Real Estate Law in New York

I believe that the fee for 25% contingent on money received from the foreclosure of the ex husband's house is illegal. The rules and regulations cited in 22 NYCRR � 1400 specifically prohibits attorneys from entering into an arrangement in a domestic relations matter, where the payment or amount of fees is in any way determined by reference to the amount of maintenance, support, equitable distribution or property settlement (Meirowitz v. Cohn

29 Misc.3d 1218(A), 918 N.Y.S.2d 398 (Table), 2010 WL 4348274 (N.Y.Sup.), 2010 N.Y. Slip Op. 51871(U), citing, Ross v. DeLorenzo, 28 AD3d 631 [2nd Dept 2006] ), 22 NYCRR 1200.11[c][2][i]; see 22 NYCRR 1400.1, 1400.2).

Mike.

You would not be able to collect this agent's fee, which as Mr. Markowitz observed, is quite illegal.

The problem, of course, is that this collection agency is not an attorney at law. It is not in compliance with the law (including the requirement that only lawyers may practice law). And it probably thinks it can do whatever it likes.

You would be foolish to engage these to collect your money. They will likely expose you to claims of improper activity, and I would not be confident that you will receive your due.

I suggest you engage an attorney. It will be done right, cost less, and probably be done at the ex's expense.