UPL Committee examines foreclosure companies

first_img Senior Editor The Bar’s Unlicensed Practice of Law Committee is seeking input on whether nonlawyer foreclosure companies are committing UPL.The committee will hold a public hearing at 10:30 a.m. on January 15 during the Bar’s Midyear Meeting at the Hyatt Regency Hotel in Miami.“It’s an industry that has popped up over the past several years and it’s causing a lot of problems,” said Bar UPL Counsel Lori Holcomb. “We’ve prosecuted several of these people.”Janet Morgan, staff counsel in the Ft. Lauderdale office who has investigated several complaints, said the foreclosure assistance companies get the names of homeowners sued in foreclosure from public records. They then direct mail advertise or contact the homeowners in some other way to pitch their services.“Generally, they tell these people in some fashion they can help them save their house or get their house out of foreclosure and they need to sign up with them right away,” Morgan said.It can be an irresistible urge to someone about to lose their home.The homeowners are typically charged $750 to $850 for help, although at least one company charged a homeowner $1,275, Morgan said.What happens next can vary. Morgan said some companies do very little. In some cases, they try to negotiate with the lender or the lender’s lawyer. Or they give the homeowner advice on how to respond to the suit. Some companies have even drafted customer’s answers and motions, with or without lawyers, or have taken other actions in the foreclosure suit, she said. (Even if a company had a lawyer draft a motion, it’s against Bar rules and case law to pass that through to a client for whom the lawyer does not directly work.)What help did homeowners get for their money?“They either ended up losing their houses anyway, or they handled it themselves after the company did nothing,” Morgan said, “and they were out the company’s fee which they could ill afford to lose.”“The Bar’s position is that the foreclosure companies are essentially negotiating the settlement of a lawsuit, which is the unlicensed practice of law,” Morgan said. “They are generally causing harm to the customer, to the people who are coming to them for help.”One elderly man nearly lost more than just the fee. Morgan said the man had always relied on his wife to handle the finances, but after she died, he was left with the finances for the first time. Unbeknownst to him, his wife had taken a second mortgage with the same lender, requiring two separate payments. When the man paid the correct total amount, but mistakenly in a lump sum using only one loan number, the mortgage company began to show one loan in default, and the other with extra payments.The mortgage company filed a foreclosure suit, and the man, who was unaware of his valid defense, sought assistance from one of the nonlawyer foreclosure companies. The nonlawyer company did not recognize the underlying error, and treated his case like a standard foreclosure, nearly resulting in the loss of the home.Fortunately, before the house was lost, the homeowner consulted a lawyer, who was able to straighten out the problems.“Not only aren’t these foreclosure companies trained to look for all the possible defenses, they’re not supposed to be giving legal advice anyway,” Morgan said.She added that most of the companies reported to the Bar were located in Broward County, and that the Bar’s enforcement activities have closed several down.After the public hearing, the Standing Committee on UPL can draft a proposed opinion and submit it to the Florida Supreme Court, which has final say. The committee is seeking input on whether any of the following actions constitute the unlicensed practice of law when performed by a nonlawyer on behalf of a party to a mortgage foreclosure action pending before a Florida court:• Negotiating with the lender or lender’s attorney to modify, reinstate, or restructure the mortgage loan which forms the basis of the foreclosure action;• Drafting documents which memorialize the negotiations as the representative of a party to the foreclosure action;• Reviewing and explaining to the party to the mortgage foreclosure action documents drafted by the lender or lender’s attorney, which memorialize the negotiations;• Inducing the party to the mortgage foreclosure action to rely on the nonlawyer to handle all aspects of the foreclosure action for the party; and/or• Preparing pleadings and other documents to be filed in the court in connection with the mortgage foreclosure action.• Whether a nonlawyer who negotiates the modification, reinstatement or restructure of a mortgage loan outside of the foreclosure context engages in the unlicensed practice of law.Anyone who wants to submit written comments may submit them to Jeffrey T. Picker, assistant UPL counsel, The Florida Bar, 651 E. Jefferson St., Tallahassee 32399-2300. December 15, 2003 Gary Blankenship Senior Editor Regular News UPL Committee examines foreclosure companiescenter_img UPL Committee examines foreclosure companieslast_img read more


first_imgAs Donegal students prepare this week for college registration, Fianna Fáil Spokesperson on Children Charlie McConalogue has said third level institutions must not to make the process of registration difficult for students who are still awaiting approval for their maintenance grants.Deputy McConalogue explained, “This time of year can be difficult for families budgeting for the academic year.  It’s particularly bad for third level students this year after the Government’s decided to increase registration fees from €1,500 last year to €2,000 this year.“I want to remind students who are registering for their course in the coming days that their third level institution has been required by the Higher Education Authority (HEA) not to block the registration of those awaiting confirmation of approval for maintenance grants or to require them to pay the fee up front while they are waiting on their grant to be processed. “I am aware that last year, many third level institutions put pressure on students whose grant applications were delayed to pay registration fees up front or else deferred their full registration until such time as they could produce evidence letters of approval. This meant that many families were struggling to pull together the money for the registration fee while waiting for their grant application to be processed and in other cases students not being able to register fully until their grant came through.“Up to half of all students who applied for a maintenance grant this year are still waiting for their applications to be processed. But the HEA has directed all third level institutions to facilitate such students and not to delay the registration of those who inform them that they have not yet received their grant approval. Any student who finds that they are not being allowed to register or are being pressured to come up with the registration fee while awaiting grant approval should make it clear to their institution should contact the HEA.“The HEA has also requested all third level institutions to accommodate students who don’t qualify for a grant and may need the option of paying in instalments in order to meet the cost of the registration fees. Students who might need such a facility should ask their college about this.“The start of a college year can be stressful financially and it is not acceptable that any third level institution would add to the pressures on students and their families by not following the directions they have received from the HEA in this regard,” concluded Deputy McConalogue. GRANT WAIT SHOULDN’T AFFECT STUDENTS – TD was last modified: September 12th, 2011 by BrendaShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more

Photos: How the Warriors celebrated Halloween at Oracle Arena

first_imgThe Golden State Warriors opened up Oracle Arena early for Halloween.To mark the holiday, the team gave away 10,000 Kevin Durant bobbleheads. The Warriors also welcomed in trick-or-treaters with several locations around the venue. Representatives also handed out bags to the first 2,000 youths to help with the collection of candy.The Warriors encouraged fans to wear costumes, but they had to abide by rules, including the removal of masks before entering the arena and the ban on clubs, bats and …last_img

From Chaos to Community

first_imgIt’s that time of year again – the start of a new school year. For many young children, this may be the first time they’ve been in group care. In the life of a young child, that’s a BIG deal!Remembering my years teaching preschool, those first few days were packed with feelings – scared, excited, lonely, delighted, confused, curious, tired, more excited…and that was just me! Seriously, it’s always a wild mess of highs and lows for children those first few days.Although entering a new child care environment is a chaotic, challenging experience for all young children, for children of military families it may be just one of many unfamiliar situations. These children have often experienced a lot of changes, especially if the family has recently relocated. Imagine what it would be like to not only have a new child care setting, but also a new house, a new neighborhood, a new place of worship, a new park…and the list goes on. As a child’s new teacher or caregiver, you have a unique and critical role to play in helping him or her to begin to adjust to a new place with new people.Create Predictability: One of the best ways you can help children adjust to their new “school” is to establish some order in the chaos – to begin some routines and regular practices that will soon become familiar to the children. Although it’s easy to think that variety will be more interesting to the children, the truth is that, at least at first, boring (i.e., predictable) is best. Children, from young babies to kindergartners, will feel much more relaxed when they know what to expect. And more relaxed, happy children will listen better, get along better, and learn better.Create Community: But even more important to young children’s adjustment to school is to create an environment where they feel like they belong. Creating a place where new children feel safe (both physically and emotionally), cared for, listened to, valued and enjoyed is, in my opinion, the most important goal a teacher can strive for. Creating a strong sense of community in a program will take time but there are many things you can do to start off on the right path. Here are my “top four:”Visually represent your classroom community.  In as many ways as you can think of, show children that each of them is part of the larger group. For example, post displays of the children’s names and/or photos all together under the name of the class/group at children’s eye level. Every way you can, give the children visual evidence that they belong.Focus on names. For young children, names are a central aspect of their self-identify. It’s often the first word they learn to read and to write. Use that information to help each child feel valuable and unique AND to help them get to know one another by playing name games, writing their names down often, using name labels to identify places to sit or works of art, etc. And don’t forget to remind them of your own name often, especially during the first couple of days. You are the most important person in the classroom for them to build a connection with; that connection starts with knowing your name.Help children connect. Give children lots of opportunities to connect one-on-one with each other. A whole group of new faces is overwhelming for any age of child (or adult, for that matter!). But one new face at a time is manageable for most. Subtly suggest playmates during free play time, especially for those who are a little slower to warm up. Pair children up throughout the day for short bits of time: walking to the playground, sitting together at snack, doing an art or building activity, or doing movement or music activities. Although in general it’s best to let children pick their own play partners, during this time when everyone’s a stranger, it can be helpful to give them opportunities to get to know each other one at a time.Those are just a few of my suggestions for helping children quickly feel a part of a new group. But I’d also love to hear from you! What strategies do YOU use to develop a sense of belonging and community in your program? Please share your thoughts in a comment.If you want more on this topic, here are some resources I suggest. Feel free to share others.Tips for Parent to Handle Separation Anxiety When Leaving Your Child in Child Care Using Social Stories to Ease TransitionsHelp Children Get to Know Each OtherPlease visit our Facebook page for even more related resources! Kathy Reschkelast_img read more

Glen Rice Jr. drops triple-double as TNT nips NLEX

first_imgLOOK: Loisa Andalio, Ronnie Alonte unwind in Amanpulo for 3rd anniversary Nonong Araneta re-elected as PFF president Fire hits houses in Mandaluyong City MOST READ Frontrow holds fun run to raise funds for young cancer patients  Duterte tells PSC to include IPs, out of school youth in recruitment LATEST STORIES Glen Rice Jr. PBA IMAGESANTIPOLO — Glen Rice Jr. did a little bit of everything and TNT scraped past NLEX, 112-107, in the 2017 PBA Governors’ Cup Wednesday night at Ynares Center here. Rice notched a triple-double with 25 points, 15 rebounds and 10 assists with five blocks while Troy Rosario added 17 points and 12 rebounds.ADVERTISEMENT BSP sees higher prices in November, but expects stronger peso, low rice costs to put up fight “Practice was emotional yesterday. Ranidel dropped by practice to say goodbye. Fortunately, the guys were able to focus.”De Ocampo won six championships at Talk ‘N Text during his eight seasons with the franchise.Aaron Fuller led the Road Warriors, who remained in second place despite sliding to 7-3, with 28 points and 18 rebounds while Alex Mallari had 19 points, nine rebounds and five assists.Larry Fonacier, the former longtime TNT swingman, who was traded to NLEX four months ago late in the Commissioner’s Cup, played against his former team for the first time and had 10 points off the bench.ADVERTISEMENTcenter_img Read Next E.T. returns to earth, reunites with grown-up Elliott in new ad  WATCH: Streetboys show off slick dance moves in Vhong Navarro’s wedding Trending Articles PLAY LIST 00:50Trending Articles02:14Galvez OK with ‘selective’ martial law in Mindanao01:53Gov’t, MNLF creating panels to ‘move forward’ in peace talks01:37Protesters burn down Iran consulate in Najaf01:47Panelo casts doubts on Robredo’s drug war ‘discoveries’01:29Police teams find crossbows, bows in HK university01:35Panelo suggests discounted SEA Games tickets for students02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games Brace for potentially devastating typhoon approaching PH – NDRRMC Jayson Castro had 13 points, including a clutch 3-pointer that gave the KaTropa a 110-106 lead with 1:12 remaining.“That was a hard-fought win. It’s good that we’re able to play together especially on the defensive end. We struggled a bit offensively but we’re able to organize ourselves in the endgame,” TNT coach Nash Racela told reporters.FEATURED STORIESSPORTSWATCH: Drones light up sky in final leg of SEA Games torch runSPORTSSEA Games: Philippines picks up 1st win in men’s water poloSPORTSMalditas save PH from shutout“The last few days were really tough for us. And for us to really have a good chance today, important thing is we accept the change, embrace the change right away and move forward right away,” Racela, whose squad improved to 6-3, said.The KaTropa played their first game without veteran forward Ranidel de Ocampo, who was sent to Meralco on Monday in a shocking three-team deal. Don’t miss out on the latest news and information. View commentslast_img read more

Somdev wins first tennis gold for India

first_imgSomdev Devvarman ensured that tennis contributes in India’s swelling gold medal tally as he grabbed the much-awaited yellow metal, pipping Australia’s Greg Jones 6-4, 6-2 in the men’s singles final of the Commonwealth Games on Sunday.Somdev, CWG top seed and world number 97th, was carrying millions of hopes on his shoulders after established stars Leander Paes, Mahesh Bhupathi and Sania Mirza failed to strike gold.He has been the face of India on the singles circuit and yet again gave India a memorable moment to cherish.”People underestimate how tough it is to get a gold medal. I worked really hard this week. I am really happy,” Somdev said after the match.”It has been one of the best things in my career for sure to win a gold medal in front of this kind of crowd,” he added.In all, India’s medal tally from the tennis event stood at a disappointing four after starting as favourites in at least three of the five events in the debut year of the sport in the Games.Jones, ranked 234, put up a gallant fight in the first set and never looked like one who is yet to win his first match on the ATP tour but was never the same in the second set, in the start of which he encountered a knee problem.At 15-15 in the opening game of the second set, Jones ran to reach out for a ball and hurt his left knee in the attempt.Although he came back after a short treatment but was not the same force as spate of errors marred his game and chances as well.advertisementSomdev was up 5-0 in no time but then let Jones get on board while serving for match. He though sealed the gold medal when Jones hit another long forehand.Somdev fell on his back in joy and got up amid thunderous applause. The summit clash lasted one hour 27 minutes.Defeats of the pairs of Paes and Bhupathi and Paes-Sania in team events badly hit India’s chances of dominating the tournament, from where several top players had pulled out.Sania contributed two medals in four by winning a silver in women’s singles and a bronze with Rushmi Chakravarthi in women’s doubles.–with PTI inputslast_img read more

FIFA World Cup 2014: Five key players from Uruguay

first_imgUruguay will be counting on Luis Suarez and Edinson Cavani for success at the World CupAlthough Uruguay is a small country with only 3.2 million people, it has produced some big talent.The best-known name is Liverpool striker Luis Suarez, followed by Paris-Saint Germain forward Edinson Cavani and Diego Forlan, now with Japanese club Cerezo Osaka.Forlan was voted the best player at the 2010 World Cup and, despite being a substitute these days, is a valuable piece any team would want to have.Here are five players to watch:LUIS SUAREZLuis Suarez is expected to be Uruguay’s main threat. He is having his best season with Liverpool and could get the team back into the Champions League for the first time since 2010. But he has had his troubles.He missed the start of this season, sitting out the remainder of a 10-game suspension for biting an opponent last season. He also served an eight-game ban for racially abusing a rival player in the Premier League.”He has evolved in his game and his attitude,” Uruguay coach Oscar Tabarez said. “Perhaps it’s because of the problems he had in England.”Suarez scored three goals at the 2010 World Cup, and added four when Uruguay won the 2011 Copa America in Argentina. He was named player of the tournament.EDINSON CAVANIEdinson Cavani joined French club Paris Saint-Germain in July 2013 on a five-year contract. The transfer fee was reported at 64 million euros ($84 million), a league record.He has been worth it. He has scored more than 20 goals for PSG and, with Suarez, poses one of the best 1-2 combinations at the World Cup.advertisementCavani’s goals are often spectacular, and he is just as famous for his tireless effort.DIEGO FORLANDiego Forlan was named the best player of the 2010 World Cup and shared the tournament scoring lead with five goals. He also scored twice in Uruguay’s 3-0 win over Paraguay in the 2011 Copa America final.Forlan will be 35 when the World Cup opens and will likely be used in a reserve role this time. Few countries have such a back-up player to enter off the bench.MARTIN CACERESMartin Caceres is a defender who can play several spots on the backline.Known for his strong passing game, he is a compliment to the aerial game of fellow defender Diego Lugano.DIEGO LUGANODiego Lugano is Uruguay’s inspirational captain, and he symbolizes the national team’s rough-and-tough style, known in Spanish as “garra.”The central defender joined West Bromwich Albion in 2013. He’s been having trouble getting playing time in England, which is a worry. So is a knee injury he picked up in a friendly in match in March against Austria.Lugano is a key player, and Uruguay will need him in top condition.last_img read more

10 months agoMan Utd blocked Mourinho buying Aldeweireld

first_imgTagsTransfersAbout the authorPaul VegasShare the loveHave your say Man Utd blocked Mourinho buying Aldeweireldby Paul Vegas10 months agoSend to a friendShare the loveManchester United blocked former manager Jose Mourinho from signing Tottenham defender Toby Alderweireld.The Mirror says United’s board ‘vetoed’ Mourinho’s move for Alderweireld for tactical reasons.Mourinho was axed by United in December after the club recorded their worst ever start to a Premier League campaign.The Portuguese was vocal throughout his final months, however, that the club needed to sign a new centre-half.Belgium international Alderweireld fit the bill with his contract nearing expiry at Tottenham. last_img

5 days agoLiverpool manager Klopp: No chance Salah could’ve faced Man Utd

first_imgAbout the authorFreddie TaylorShare the loveHave your say Liverpool manager Klopp: No chance Salah could’ve faced Man Utdby Freddie Taylor5 days agoSend to a friendShare the loveLiverpool manager Jurgen Klopp says there was no way Mohamed Salah could have faced Manchester United on Sunday.The Reds missed Salah’s attacking spark against United’s low-block, with the game ending in a 1-1 draw.”Mo was not ready, that’s how it is,” Klopp told Sky Sports.”He couldn’t train with the team; I don’t know where it came from that everybody said he will play. “There was pretty much no chance for today, maybe for Wednesday, we have to see.” last_img

Russell Westbrook Why Not Foundation Hosts 5th Annual Thanksgiving Dinner

first_imgNBA All-Star and Oklahoma City Thunder point guard, Russell Westbrook, hosted a Thanksgiving Dinner on Tuesday, November 15, 2016, to give back to the less fortunate in the Oklahoma community that has given him so much.Russell Westbrook Kicks off holiday spirit early with 5th Annual Thanksgiving Dinner serving nearly 1000 mealsCredit/Copyright: Layne MurdochThis is the 5th Annual Thanksgiving Dinner the Russell Westbrook Why Not? Foundation has hosted with the Boys & Girls Club of Oklahoma County and the third year Russell has co-hosted with the Oklahoma City Association of Professional Landmen. With the help of his co-host and local caterer Ron Deak of Adventures in Catering, this year’s dinner was able to serve over 950 to members of the local Boys & Girls Club.As an alumnus of the Challengers Boys & Girls Club in South Central Los Angeles, Russell has made giving back to the organization that helped him during his youth a cornerstone of his charitable initiatives. As an extension of the Russell Westbrook Why Not? Foundation, Russell’s family will host the 5th Annual Los Angeles Thanksgiving Dinner at his childhood hangout, Jesse Owens Park, on Monday November 21st, 2016.last_img read more