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Ga. court ruling could tighten foreclosure rules
Court Center |
2012/08/08 19:50
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A court ruling in Georgia could force those foreclosing on homes to disclose who actually owns the loan.
The Atlanta Journal-Constitution reports that the July 12 ruling by the Georgia Court of Appeals applies mostly to foreclosures that happened from 2008 to 2011. It could leave banks vulnerable to lawsuits filed by those who lost their homes. It could also have consequences for ongoing foreclosures.
The ruling last month said that the name of the owner of a mortgage must appear in foreclosure filings and notices sent to delinquent borrowers. The notice must also reflect whether it was sent by the secured creditor or someone acting on the creditor's behalf.
Many lenders sell their loans to mortgage services that handle paperwork but don't own the loans. |
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Dennis Wheeler - San Francisco Bankruptcy Lawyer
Firm News/California |
2012/08/07 18:44
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Mr. Dennis R. Wheeler is a San Francisco Bankruptcy lawyer who specializes in Chapter 7 and Chapter 13 of the Bankruptcy Code. Clients facing bankruptcy may be struggling to make ends meet and is under high stress but we can help. With our experience working with these Bankruptcy Chapters, our law office can give you the debt relief option that is best fit for your situation.
Bankruptcy is the legal process of getting the chance to discharge and clear out most of your debts, giving you the opportunity for a clean, fresh financial start. Our knowledge in the field will give us the advantage over others and when we file your case, we can immediately help stop the harassing phone calls and letters, stop creditor lawsuits, stop foreclosures and repossessions, and stop wage garnishments and all other attempts at collection.
Bankruptcy is not right for everyone. Depending on your financial situation, we will advise you the best route to take. If you are dealing with financial burden, we highly encourage our clients to explore all options, including bankruptcy, although some can be hesitant.
Our free initial consultation will allow us to discuss
- Other debt relief plans aside from bankruptcy
- Chapter 7 and Chapter 13 Bankruptcy options
- What your situation is and what would provide you the most debt relief
- Costs of bankruptcy filings
- All your concerns and questions regarding your unique situation
Our San Francisco Bankruptcy Lawyer has proudly served Bay Area residents of San Francisco, Alameda, Contra Costa, and San Mateo Counties. Call us at 415-856-0212. |
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New DC drunken driving law to take effect
Court Center |
2012/08/05 00:03
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A new law that toughens penalties for drunken driving in the nation's capital takes effect Wednesday, but the city's police department still is not using breath tests on suspected drunken drivers more than a year after the tests were suspended.
The new law, which was approved by the D.C. Council and signed by Mayor Vincent Gray earlier this summer. It doubles mandatory minimum jail terms for people with blood-alcohol concentrations of .20 percent or higher and establishes a blood-alcohol limit of .04 percent for commercial drivers, including taxi drivers.
The law also establishes new oversight for the district's breath-testing program. But there's still no timetable to the resumption of breath tests, which D.C. police stopped using in February 2011 in the wake of revelations that their breath-testing devices had produced inaccurate results. Police have been using urine and blood tests instead.
A year earlier, District of Columbia officials had notified defense lawyers about nearly 400 drunken-driving convictions that relied, at least party, on inaccurately calibrated blood-alcohol tests.
More than two dozen people sued the district over convictions based on those flawed tests, and the district Attorney General's office said Tuesday that all the outstanding lawsuits had been settled. The district paid a total of $136,000 to 17 plaintiffs, with individuals receiving between $2,000 and $42,000, said Jeffrey Rhodes, a lawyer for the plaintiffs. |
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Ind. court upholds life sentence for teen killer
Legal Watch |
2012/08/03 00:03
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The Indiana Supreme Court on Tuesday upheld a sentence of life without parole for a teenager who said he wanted to be like the fictional television serial killer Dexter a few weeks before strangling his 10-year-old brother.
Andrew Conley was 17 in November 2009 when he killed his brother, Conner, while wrestling in their home near Rising Sun and dumped the boy's body in a park. He unexpectedly pleaded guilty in September 2010, averting a murder trial.
In the 3-2 ruling, the justices said Conley acted "as if nothing was out of the ordinary" after the killing. According to testimony during the five-day sentencing hearing, Conley joked with his mother and watched football the day after he killed Conner.
Conley told police he fantasized about killing people since he was in eighth grade. A few weeks before the killing, Conley told his girlfriend that he wanted to be just like the TV serial killer as they walked on the trail where he later disposed of his brother's body.
Three different psychological experts who interviewed Conley all said he was seriously mentally ill, but his appellate lawyer, Leanna Weissmann, said the judge gave too much credence to a psychologist's testimony that the teen could be a psychopath. |
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Court rejects Florida prison privatization appeal
Legal Watch |
2012/07/27 18:48
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An appellate court on Tuesday tossed out Attorney General Pam Bondi's request for a decision to uphold the proposed privatization of 29 South Florida prison facilities.
A three-judge panel of the 1st District Court of Appeal rejected her plea to reverse a lower court's ruling against privatization, saying Bondi couldn't appeal on her own after her client, the Department of Corrections, declined to do so. The panel unanimously dismissed the case because Bondi was not a party.
"A party who suffers an adverse judgment in Circuit Court has the right to appeal, but nonparties whose rights have not been adjudicated have no right of appeal," Chief District Judge Robert Benton wrote for the court.
Leaders of the Republican-controlled Legislature had urged Bondi to appeal after Gov. Rick Scott decided the department, which is part of his administration, would not.
One of Bondi's assistants acknowledged during oral argument last month that it was too late to carry out the privatization due to the expiration of a budget provision authorizing the plan. Nevertheless, Assistant Attorney General Jonathan Glogau asked the appellate court to issue a ruling upholding the privatization provision that would set a precedent for future budgets. |
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Appeals court reinstates lawsuit against Glock
Court Center |
2012/07/25 22:48
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A California appeals court has reinstated a now-retired paralyzed Los Angeles police officer's product liability lawsuit against gun manufacturer Glock.
Enrique Chavez was paralyzed from the waist down when his 3-year-old son accidentally shot him with his service pistol.
The lawsuit claims the .45-caliber Glock 21 pistol lacks adequate safeguards against accidental discharge. There is no grip safety on the Glock.
A Los Angeles judge dismissed the suit two years ago, saying a Police Department review of the gun's design found the Glock's advantages outweighed any inherent risks.
The San Francisco Chronicle says the 2nd District Court of Appeals on Tuesday reinstated the suit, saying a jury could conclude that a grip safety strong enough to withstand a child's grasp would minimize the risk of accidental discharge. |
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Wash. Senate hopeful sought to seal court files
Top Legal News |
2012/07/20 18:31
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A couple months before Brad Toft emerged as the only Republican in a crucial state Senate race, he pressed officials to seal records from a past court case.
In a signed letter, Toft seemed to suggest that he wasn't the same person cited in the court files, saying that he shared a name with one of the parties but arguing that "the specific identity of the defendant is unclear." He wanted the records blocked from public inspection, declaring that the files might do damage to his reputation.
Toft, however, acknowledged to The Associated Press that he was the defendant in the case, saying he was simply exploring whether an old judgment could be vacated. |
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