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Borrowers sue over apparent loan mod mishaps
Law Firm News |
2011/07/05 09:24
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It seemed Maria Campusano's financial problems were behind her when the mortgage on her Victorian home in a Massachusetts mill town was chopped by hundreds of dollars a month.
She soon learned that her troubles had just begun.
Weeks after making her first payment under the new rate, the school district staffer began receiving past-due notices, documents showing wildly inaccurate loan balances and letters threatening foreclosure. She now fears she'll lose her home.
How can they take away what I have worked so hard for? Campusano said.
Campusano is one of two named plaintiffs in a proposed class-action lawsuit alleging breach of contract by Bank of America NA and subsidiary BAC Home Loans Servicing LP.
The suit, which was filed in Los Angeles federal court because BAC is located in nearby Calabasas, is among a growing number of legal complaints accusing banks of disregarding what should be binding agreements to reduce the monthly mortgage payments of troubled borrowers.
The suits involve permanent modifications through the U.S. Treasury-administered Home Affordable Modification Program, which offers incentives to loan servicers who extend modifications, as well as so-called proprietary modifications, which banks offer independently of the government guidelines.
They represent a new wave of complaints against banks that have already weathered years of criticism for their reluctance to modify loans and for foreclosing on borrowers after offering them trial modifications. |
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Mich. man sues, wants Chevron stock at '04 price
Topics |
2011/07/04 00:02
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A former lawyer intrigued by the global demand for energy says he chose to invest $100,000 in oil giant Chevron Corp. back in 2004, a smart stock bet that now would have doubled seven years later.
But Perry Christy has a big problem: He says Chevron's stock agent never deducted money from his bank account. As a result, he has no records to show he actually owns a certain number of shares.
So Christy, 69, is suing Chevron and Mellon Investor Services and seeking an extraordinary remedy. He wants a federal judge to declare that he should be credited with buying the stock at a June 2004 price, plus any additional shares that would have piled up by reinvesting dividends. Then he'll pay $100,000.
Based on the terrific rise in San Ramon, Calif.-based Chevron's stock, it would be like winning the lottery—and then buying a ticket.
There was some kind of mix-up on the day I placed the order, Christy insisted in an interview at his home in the Detroit suburb of Northville. Whether mechanical or electronic, I don't think we'll ever know. But it's their screw-up. When you deal with any large bureaucracy, people are focused on their own narrow niche.
After more than a year in court, Chevron and Mellon smell a scam and want the case dismissed, even suggesting that Christy's story of a genuine yet botched investment simply is a lie. |
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Former Wyoming governor joins law firm
Headline News |
2011/07/04 00:02
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Former Wyoming Gov. Dave Freudenthal has joined the international law firm of Crowell amp; Moring as senior counsel.
Freudenthal says in a telephone interview with The Associated Press that the firm will open an office in Cheyenne, where he will be based. He will work for the firm's Environment and Natural Resources Group.
He says he will advise clients on issues that he handled during his two terms as governor, including minerals, natural resources development and environmental permitting.
Freudenthal says he will continue to teach at the University of Wyoming College of Law and serve on the Arch Coal Inc. board of directors.
Crowell amp; Moring has nearly 500 lawyers with offices in Washington, New York, Los Angeles, London, Brussels and elsewhere. |
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14.5 Million Dollar Jury Verdict Awarded Against State Farm Insurance
Firm News/Indiana |
2011/07/04 00:01
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A six-week trial in Hamilton County Court ended yesterday afternoon with the award of a $14.5 million jury verdict for Joseph Radcliff and his restoration company, CPM Construction of Indiana, against State Farm Insurance.
State Farm had filed suit for insurance fraud and RICO (Racketeer Influenced and Corrupt Organizations) claims against Radcliff and CPM.nbsp; The case arose out of work done by Radcliff and CPM following the April 2006 hailstorm.nbsp; Radcliff and CPM’s allegations were that after State Farm received negative publicity in the Indianapolis media for denying hail damage claims, State Farm made unfounded claims of fraud against Radcliff and instigated the filing of felony charges against him.nbsp; Those charges were dismissed by the Marion County Prosecutor, but the negative publicity resulted in Radcliff’s personal reputation and business being destroyed.
Not only did the jury find that State Farm’s claims against Radcliff were baseless, but they also found that the Radcliff’s allegations of being defamed by State Farm were true. The jury ordered State Farm to pay Radcliff $14.5 million.
Radcliff was represented by Will Riley, lead trial counsel of the law firm Price Waicukauski amp; Riley, LLC along with attorneys Joe Williams, James Piatt and Jamie Kendall of the same firm and Mark McKinzie, Partner in the law firm Riley Bennett amp; Egloff LLP.
Riley stated, “It was a tribute to the American jury system that one man can take on the largest insurance company in the nation and win.”nbsp; McKinzie agreed, stating “This sends a strong signal to Bloomington, Illinois that Hoosiers will not put up with this sort of conduct.” Radcliff commented “I am grateful to those who believed in me and helped me get the true facts before the jury and to the jury for giving me, and my failed company, justice.”
Price Waicukauski amp; Riley, LLC is a law firm known for its representation of clients in complex litigation. Riley Bennett amp; Egloff, LLP is a law firm known for advising and representing businesses and their owners in various litigation matters. |
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Law school enrollment in Missouri lags as legal jobs dry up
Topics |
2011/07/03 00:02
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Missouri law schools expect fewer students in the fall after several years of significant enrollment growth both regionally and nationally.
The St. Louis Post-Dispatch reported this week that the University of Missouri's flagship campus in Columbia has received 17 percent fewer applications this year. Applications at Washington University dropped 13.3 percent, while St. Louis University is seeing a nearly 20 percent decline.
A national group that tracks law school enrollment says that applications are down more than 10 percent overall compared to this time last year.
The economic downturn means that law school graduates can no longer count on landing lucrative jobs straight out of college. The declining interest comes one year after many schools reported record enrollment.
The stories about the legal market have certainly dampened some people's enthusiasm, said Paul Pless, assistant dean for admissions and financial aid at the University of Illinois at Urbana-Champaign College of Law. Applications at Illinois are down nearly 8 percent so far this year.
Melissa Hamilton, 35, is a recent University of Missouri law school graduate still looking for a job. She's applied for a few government positions but is waiting until she passes the bar exam before making a stronger push. She's also looking into jobs where she could also use her master's degree in social work. |
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BofA Near $8.5B Deal to Settle Big Investors' Claims
Law Firm News |
2011/06/28 22:17
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Bank of America Corp. is close to finalizing a deal to pay $8.5 billion to settle claims by a group of investors that the bank sold them poor-quality mortgage-backed securities that went sour when the housing market tanked, according to a person familiar with the settlement talks.
The Charlotte, North Carolina, bank was continuing talks late Tuesday with the group, which includes the Federal Reserve Bank of New York, Pimco Investment Management, the world's largest bondholder, and Blackrock Financial Management. It is expected to announce an agreement as early as Wednesday, the person said on condition of anonymity because the matter was still developing.
The deal comes eight months after the group fired off a letter to Bank of America demanding that it repurchase $47 billion in mortgages that its Countrywide unit sold to them in the form of bonds. The investors have argued that Countrywide's practice of modifying loans found to have faulty paperwork or those written outside of normal underwriting standards breached signed agreements with the investors. By continuing to service bad loans rather than speeding up foreclosures, the group has claimed that Countrywide ran up servicing fees, enriching itself at the expense of investors. The New York Fed is involved because it took over assets held by American International Group Inc., which faltered under the weight of bad home loans that it insured.
Bank of America, which paid $4 billion for Countrywide in 2008, has dismissed suggestions that its handling of loan modifications and other efforts to prevent foreclosure have violated the terms of the mortgage-backed securities that the investors hold. In November, CEO Brian Moynihan said he was in day-to-day hand-to-hand combat with investors' demands. |
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