Friday, September 20, 2013

iOS 7

If you're using a wifi only iPad there is no compass feature, or built in flash light.  The call, message, FaceTime block is cool though. Still hate the look of the apps! Finally figured out how to close background apps.

Thursday, September 19, 2013

Wednesday, September 18, 2013

Figueroa v. Szymoniak et al

The text below is from an article (that was) on Mandelman Matters:

The suit alleges that Szymoniak, and other lawyers with whom she worked, committed legal malpractice, breach of fiduciary duty, unjust enrichment, and fraud…. against a fellow homeowner at risk of foreclosure.

The plaintiff in the suit alleges that in 2010, over a period of roughly six months, Lynn Szymoniak was his attorney, and that she led him to believe that she would be filing a “Qui Tam,” or False Claims action in which HE was to be the “RELATOR,” and SHE, his legal counsel.

Had that been what occurred, the $18 million award would have gone to the plaintiff… and not to Ms. Szymoniak… but instead the Qui Tam lawsuit that was filed named Lynn Szymoniak as the “RELATOR,” and so Lynn and her lawyers divided up the multi-million award without ever mentioning anyone else being involved.!

Qui tam Defention:

Tuesday, September 17, 2013

US Government to Recognize Same Sex Couples

The U.S. Department of the Treasury announced August 29, 2013 that when it comes to taxes, it will recognize same-sex couples' marriages even if they live in a state that does not

Monday, September 16, 2013

In re Bradley

In re Bradley:  A debtor's attorney, his firm, and the owners of the firm would be individually sanctioned for filing documents without obtaining the debtor's signature, verification, or authorization and for utilizing "appearance attorneys" in the representation of their clients.

Kagenveama overturned

An en banc panel of the Ninth Circuit Appellate Court overturned Maney v. Kagenveama in Danielson v. Flores. 

ObamaCare- Employer Penalties

Penalties associated with not offering appropriate coverage (the $2,000 penalty) or not offering affordable coverage (the $3,000 penalty), what can get overlooked is the myriad of "daily" penalties that come with non-compliance. Take the October 1 exchange notice requirement as an example. While the regulations do not identify a specific penalty for failing to comply with the notice requirement, PPACA has a $100 a day general "non-compliance" penalty. This general penalty requires employers to correct compliance failures within 30 days of discovery or self-report a $100 a day penalty for failing to comply on IRS Form 8928 for each day the employer failed to comply with a PPACA mandate. So failing to provide notices can get expensive.

Some other $100-a-day-penalties:

  1. Violating the non-discrimination rules (when they are finally written for insured plans)
  2. Violating the limits restrictions
  3. Failing to extend coverage to dependents to age 26
  4. Having retroactive rescission of benefits
  5. Failing to cover preventative care
  6. Failing to have a revised appeal process (including external appeals)
  7. Failing to provide timely notices
  8. Violating the restrictions on emergency room visits
  9. Violating restrictions on designation of primary care physicians
  10. Improper pre-existing condition exclusions
  11. Having excessive out-of-pocket costs
  12. Violations of the 90-day waiting period limit

Chase to Stop Making Student Loans

NEW YORK (Reuters) - JPMorgan Chase & Co (NYS:JPM) will stop making student loans in October, according to a document reviewed by Reuters on Thursday, after the biggest U.S. bank concluded that competition from federal government programs limits its ability to expand the business.

The student loan business is not among those that JPMorgan has publicly said are being probed by government authorities for possibly illegal practices. Those under investigation include mortgage banking, credit card collections, rate-setting for floating-rate business loans and hiring for investment banking in China.

Remaining private loan players in the market, are; Sallie Mae, (SLM.O), Wells Fargo & Co (NYS:WFC) and Discover Financial Services (NYS:DFS).

Pay Day Loans Can Charge up t0 500%

Western Sky Financial, owned by a tribal member of the Cheyenne River Sioux — has just announced that it will stop financing loans next month after numerous states have challenged their lending practices. 

Fifteen states have banned usurious payday lending to protect workers from the servitude of compound interest fees worthy of loan sharks. In reaction, lenders are now looking for other ways to ply their abusive trade — by conducting business offshore via the Internet or through ties with American Indian groups invoking their sovereign nation status. 

Western Sky Financial’s retreat is a significant step forward in the government crackdown on payday lending. The company faces usury law challenges in five states, most recently in New York where Attorney General Eric Schneiderman filed suit this month charging the company with levying interest rates of more than 300 percent in violation of state law that caps interest at 25 percent. New York authorities have ordered 34 other online and American Indian lenders to stop providing online payday loans in the state, prompting American Indian groups to begin lawsuits in the name of their sovereignty. Complaints of abuses by Western Sky Financial are being pressed by authorities in Colorado, Maryland, Minnesota and Oregon as officials focus on lenders’ increasing resort to the Internet. 

Borrowers averaged 10 payday loans a year and paid $458 in fees. Firm standards and controls can rein in the abuses of payday lending. 

Tampa Based Pay Day Loan Scheme

Federal Trade Commission, a U.S. district court has halted a Tampa, Fla.-based operation that promised to help consumers get payday loans.

The FTC alleges that defendants Sean C. Mulrooney and Odafe Stephen Ogaga and five companies they controlled used websites with the names Vantage Funding, Ideal Advance, Loan Assistance Company, Palm Loan Advances, Loan Tree Advances, Pacific Advances, and Your Loan Funding to collect consumers’ information. They collected names, Social Security numbers, bank routing numbers, and bank account numbers, which allowed them to access consumers’ checking accounts.

The defendants victimized tens of thousands of consumers, taking more than $5 million from their bank accounts, the agency alleges.

In two previous cases, American Credit Crunchers, LLC and Broadway Global Master Inc., the defendants allegedly attempted to collect on payday loan debts that either didn’t exist or weren’t owed to them.
For additional consumer information on payday loans, see, Online Payday Loans.

Banks Are Still Breaking Knocking Down Doors

Safeguard Properties is breaking into homes on behalf of BoA nationwide. The scrutiny threatens to ensnare JPMorgan Chase, Bank of America, Citibank and other lenders that depend on the firms. Legal aid offices in California, Nevada, Florida, Michigan and New York say calls about Safeguard’s aggressive tactics rank among the top complaints.On Monday, Illinois became the first state to take on the property management firms legally, contending in a lawsuit that Safeguard wrongfully dispossessed hundreds of homeowners in the state.

In suing Safeguard, Lisa Madigan, the attorney general, contends that the company broke into homes despite stark evidence that homeowners still lived in them, bullied tenants into leaving even though they had no legal obligation to do so and, in some instances, damaged the very homes they were sent to protect, according to the suit. Once a homeowner is more than 45 days late on mortgage payments, lenders typically send out the maintenance firms to determine whether the properties have been abandoned. As of June, more than 800,000 properties were in foreclosure or owned by banks, according to RealtyTrac, a real estate data provider. Safeguard alone has had about 14 million work orders this year. which have “failed to supervise these firms.”

Under the terms of the National Mortgage Settlement, reached between five of the nation’s biggest banks and 49 state attorneys general, mortgage lenders are required to increase oversight of third-party vendors. The lenders said that they diligently monitored Safeguard’s performance

If they do not have a writ of possession they do not have a right to enter an occupied home.

Banks Violating Spirit of Foreclosure Settlement

FHA eases rules for borrowers after bankruptcy, foreclosure

The Federal Housing Administration wants to make it easier for people who have defaulted on their mortgages to get a new home loan with FHA backing.

But there's a catch, to qualify borrowers must show that their foreclosure or bankruptcy was caused by external economic factors, reducing their income by 20% or more for six months. You can't have quit your job or have been fired for cause.

If you can demonstrate such a pay cut, job loss or decline in business income now must spend only one year making timely rent and credit-card payments before they can apply to buy a home with an FHA-insured loan.

Generally borrowers are not eligible for a new FHA loan until three years after a foreclosure or two years after a bankruptcy. Previously, the death of a spouse or a medical emergency had been exceptions that could cut the wait to a year; now loss of income is listed as an extenuating circumstance as well.