7. The Defendants still have not explained the falsified paperwork submitted to the FHA to obtain a loan we otherwise would not have qualified for. The falsified paperwork for a loan's criteria we did not fit, could have only led to one party getting a free home and that party is not the Plaintiffs.
8. Ocwen, Selene, Allquest, nor MSIII disclosed their business affiliation to us during the selling of this transaction.
9. We immediately contacted MSIII's underwriter and questioned the loan on November 20, 2012, because it was not what we were promised. She made it possible to have the FHA payment dropped on the front end to prevent us from rescinding the loan in the initial 3 day period. As we later discovered the plan was to regain it on the back end by claiming an escrow shortage.
10. There was no re-disclosure of the new payment nor any explanation of how it would affect the loan that we agreed to, which means that we were not given full disclosure and is just one more reason why we have a right to an extended rescission.
11.
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Once we started paying on the loan, Ocwen did all they could to force our loan into default. This includes not paying the insurance, applying the payments late, giving us a different answer every time we called to ask them who was the creditor of out loan etc., All of this was happening while we were paying on the loan, which is why it eventually led to us filing a lawsuit. 12. Ocwen's attempts to wrongfully force our loan into default has ruined our credit. They do not have the disputed debt listed as “in dispute” on the credit report which is an FCRA violation. It is just more evidence of how Ocwen blatantly disregards the
P alleges false arrest. P alleges that he was grabbed and arrested by MOS outside his front door. P alleges that MOS informed his cousin that P fits the description. P alleges that he was strip searched at the precinct. MOS Michael Izzo observed two individuals engage in a hand to hand drug transaction inside the lobby of the building and radioed the description of the individuals. Defendant MOS Pizzarro, along with Sgt. Pichardo and MOS Jermaine Taylor observed two individuals who fit MOS Izzo’s description. MOS Pizzarro recognized one of the individuals as P. MOS Pizzarro had previously arrested P. MOS followed the other individuals into the adjacent building and arrested him. MOS recovered drugs from him. MOS Pizzarro came back to 2749
BOQ then agreed to lend Success money to pay out its existing facilities secured by mortgages over properties, and the plaintiffs signed a deed of consent where the parties agreed that the guarantees originally provided to Statewest operated in respect of the BOQ loan. Success defaulted on the BOQ loan. The mortgage property was sold, with a shortfall of over $2,000,000. The plaintiffs commenced proceedings, and (among other things) sought a declaration that the defendant was not entitled to payment under guarantees.
It was found that the Bergerons’ reliance on provision 11 U.S.C Section 552 (a)1998 was misplaced and based on Federal law, Johnson v. Home State Bank, 501 U.S. 78,83 (1991), Dewsnup v. Timm, 112 S. Ct. 773, 778 (1992) a lien on real estate survives the bankruptcy unaffected by the debtor’s discharge in bankruptcy. Also, once First Colonial Bank for Savings foreclosed its first mortgage, it became the trustee of the surplus funds for the benefit of the junior mortgagees, which in this case was Ford Consumer Finance Company. Furthermore, the junior mortgagee is considered to be a successor or assignee of the mortgagor, therefore entitling them to surplus
Now comes the Defendant, Joseph Bettina, files this Motion For temporary Support and would shows:
Decide which witnesses could support the prosecution’s case and which witnesses would support the defense’s case. How does Search and Seizure relate to the B.I.G. case?
CASE FACTS: The Defendant, Miller, was convicted of violating the California statute in conducting a mass mailing campaign to advertise the sale of sexually explicit “adult” material. The California statute prohibits the sale of aggressive, sexually explicit materials to unwilling recipients. Recipients of the Defendant’s mass mailing campaign complained of receiving the brochures, initiating the legal proceedings.
Discussed with Mrs.Evans parent overdue balance of $1,050. Per Mrs.Evans the parent needs to make 17 payments of 61.76/week towards his outstanding balance plus $13.00 week for tuition fee. I spoke to the father Jean informed him that he has an overdue balance of $1050. I explained he had agreement with Tashari and Mrs.Evans to make payments of $100.00 to catch up on his pastdue balance plus $13.00 tuition fee. This payment was to be made every week. Only one payment of $125 was made as of 12.4.015. I told him that we are going to work with him and lower his weekly payment to $61.76 plus $13.00 tuition fee totalling $74.76 per week. ,but he has to make payments every week or failure to do this will terminate child care services. I also explained
This article talked about the differences between punishments handed out to smiling verses nonsmiling defendants. The study found that a smiling verse nonsmiling defendant had more effects on male juror’s punishment decisions than it did female jurors. This is because a smiling face increases a person’s level of attractiveness. It also found that there were some effects produced by physical attractiveness and a smile when it comes to determining guilt and punishment. The study’s results especially found significant relationships between defendants who were rated unattractive and who were not smiling. According to the article it was much more common for a guilty and unattractive defendant who was smiling to receive leniency in punishment then the guilty attractive defendant who was smiling. However, the results found that men where the ones who were more lenient with the punishment of smiling defendants especially if the defendant was a woman.
The Innocence Project is, “a national litigation organization that is dedicated to acquitting wrongfully convicted “criminals” through DNA testing and through reforming the system to prevent further injustice” (The Innocence). The Innocence project was founded by Barry C. Scheck and Peter J. Neufeld at Benjamin N. Cardozo School of Law at Yeshiva University in 1992, and became a nonprofit organization in 2004. In addition to our co-directors and a managing attorney, there are six full-time staff attorneys and nearly 300 active cases. As a clinic, the law students handle the casework while being supervised by the team of attorneys and clinic staff. To determine whether or not to represent a case the Innocence Project gathers extensive information about each case application, and their intake and evaluation staff researches each potential case thoroughly. The legal staff ultimately determines whether DNA testing can be performed and, if so, whether or not the results will be favorable in innocence. The length of time spent on each case depends on how quickly evidence is found and secured; how long it takes to test the evidence. The Innocence Project also faces many hurdles in litigating theses cases. They include time-consuming and thorough efforts to find evidence; damaged evidence that cannot be correctly tested; lost or destroyed evidence; and prosecutorial objections. From the time a case is accepted, it can take between a year and
Hello, Ricardo, I agree with you that “Plea agreements play major positive and negative factors to both the defendant and the prosecutor”. I believe that if an individual is guilty of a specific crime, then he or she should be sentenced fairly and accordingly. Simply giving a defendant the choice of pleading guilty to lessen his or her sentence is not genuine justice. If a person is innocent, then he or she should not be influenced by legal officials to plead guilty to get a lighter sentence. On the other hand, if a person is given a plea agreement and is facing serious charges, then I don’t believe that this agreement will serve them or the prosecutors well. For one, if a person committed a horrendous crime, then they deserve to
If the bank were to demand immediate payment of all outstanding loans, Mark X would have a real mess on their hands. They would need to make payments of $18,233 for the short term debt and $9,563 for the long term debt. This means that Mark X would need to pay $27,796 within a period of 10 days. Their total ending cash at the end of the 1992 year is only $3,906 which would only be a small chunk of the outstanding loans. The company now would be forced to demand payment from their accounts receivables which are valued at $29,357 and would cover the total of the loan. However, they would need to collect the entire amount in under 10 days to pay the bank back. If they do not succeed in obtaining the $27,796, their only other option
At the time SBA purchased the loan from the secondary market on 06/25/10, Colson and the lender’s TOAs reconciled. Lender servicing fees were calculated as $15,227.30 but $11,968.03 was disbursed and $3,259.27 OGF that was deducted at purchase. Due to a judgment/agreement between SBA and the lender reached in 2010 BLC was not to receive any funds, therefore the servicing fee payment of $11,968.03 was returned and the check was cancelled on 07/01/10
Defendant’s position is that knowingly should apply to the acts of the crime and the age of the victim. In other words, Defendant argues that knowingly should apply to (1) the verbs “recruit, harbor, transport, provide, sell, purchase, receive, isolate, entice, obtain, or maintain” the use of a person; (2) a person under the age of eighteen; and (3) the purpose of engaging in commercial sexual activity. The state, however, took the position that knowingly should only apply to the actual acts or elements of the crime and not the age of the victim. In other words, the state argued that knowingly should apply to (1) the verbs “recruit, harbor, transport, provide, sell, purchase, receive, isolate, entice, obtain, or maintain” the use of a person;
Your correspondence indicates concerns in relation to processing the assumption of your loan. You also expressed dissatisfaction with the manner in which your impound account was handled. You state your payment increased, late fees were assessed, and you never received your monthly statements.
Criminals are typically charged in the courts four different ways. “it all begins with the filing an accusation stating that a specific person or group of people, committed a crime against you. Those Defendants in violation of a crime can be charged in court by that accusation signed by the victim. A complaint is filed by the victim and reported to police. A bill of information put in by a prosecutor is also like a victim complaint. “It is required in felony prosecutions in most states that do not use the grand jury. In grand jury states, an information is used for initiation felony charges pending grand jury”. Another way to charge a person is through a warrant. A judge issues the warrant, most of the time is issued after the arrest has made.