Tag Archives: California

Sean Rutledge Files Suit Against the California State Bar and Chief Counsel Representative Tim Byer

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Irvine, CA (Vocus) August 7, 2009

Sean Rutledge these days announced that he has filed a complaint in the Superior Court of the State of California County of Orange Central Justice Center against Tim Byer, Chief Counsel for the California State Bar, and the California State Bar for violation of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (case number CV09- 5475 PSG (RCx)).

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The complaint, which was filed on July 27, 2009, alleges that Tim Byer and The California State Bar violated Sean Rutledges Civil Rights beneath these acts by refusing to offer Rutledge “any accommodation” needed because of his Sort-1 diabetes. These accommodations would have allowed him to attend a pre-filing, private conference, to defend himself against the filing of charges against him, which could result in his disbarment.

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The charges filed against Sean Rutledge in early July outline seven counts of misconduct in handling a loan modification in a case exactly where the person received a full refund a lot more than two months prior to the State Bars complaint. The Rule 7 Conference for this case is scheduled for August 11, 2009.

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Rutledges presence at the pre-filing could have prevented these unnecessary charges. Nonetheless, in one particular response to the initial request Byer allegedly said, Below no circumstances will I grant that little Al Capone Any accommodation at all. Extra written requests had been ignored.

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Rutledge seeks an injunction ordering the Defendants to comply with the statutes. Actual, compensatory and statutory damages for violations of the civil rights beneath state and federal law as properly as punitive damages beneath federal law are also getting sought.

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Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act&#13

Title II of the Americans with Disabilities Act (ADA) provides that “no certified person with a disability shall, by explanation of such disability, be excluded from participation in or be denied the advantage of the services, applications, or activities of a public entity, or be subjected to discrimination by any such entity.” A “public agency” is defined as “any division, agency, special purpose district, or other instrumentality of a State or States or nearby government.”

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Section 504 of the Rehabilitation Act states that “no otherwise qualified person with a disabilityshall, solely by explanation of her or his disability, be excluded from the participation in, be denied the advantages of, or be subjected to discrimination below any plan or activity receiving federal monetary help.”

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For further details call Corvi Urling at (800) 680-5717.

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California Brokerage Lends a Hand to Struggling Homeowners

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Solano County, Calif. (PRWEB) August 14, 2009

Homeowners struggling in this California genuine estate market place do have possibilities. That’s the message of Ken Kramer, principal broker and owner of Blue and Gold Realty, Inc. in Vacaville, California.

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Blue and Gold Realty, Inc. is a team of REALTORS

California Foreclosure Filings Drop

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Discovery Bay, CA (PRWEB) September 16, 2009

ForeclosureRadar (http://www.foreclosureradar.com ), the only internet site that tracks each California foreclosure and provides daily auction updates, issued its month-to-month California Foreclosure Report for August 2009. Foreclosure filings dropped each month-more than-month and year-over-year, even though the inventory of properties scheduled for foreclosure sale continued to develop, and foreclosure sales have been flat.

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Important findings for August 2009 contain:

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SB 94 is Company as Usual for A single California Loan Modification Company

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Del Mar, CA (PRWEB) October 13, 2009

California homeowners looking to modify their home mortgages gained an important victory Monday when Governor Arnold Schwarzenegger approved Senate Bill 94.

The bill abolishes the common practice in the loan modification sector of collecting advance fees prior to completing any loan modification services.

The new law, which aims to reduce the amount of fraudulent activity in the industry, will force many loan mitigation companies to close their doors while many others will scramble to come into compliance.

For one company, however, it is a vindication of well-established business practices. American Mitigation Law Group has been performing California loan modification services with no advance fees since April 2009, well before Monday’s bill became law.

The Del Mar-based company fully completes each and every service it has contracted to perform for its clients prior to collecting any fees. This allows AMLG’s clients to see the results of the contracted work performed by AMLG before any payment is required.

In an industry where the norm has been to accept advance fees prior to performing any services, American Mitigation Law Group is a unique company that fully understands the benefits of SB 94 for both homeowners and businesses alike.

Over the next few years, third party mitigation companies should play a vital role in assisting the many state residents that are facing difficult times with their homes and mortgages.

The passage of SB 94 in California goes a long way to help legitimize the loan modification industry. It certainly acknowledges the important role loan mitigation companies play in bringing California out of its massive housing slump.

Still, the law’s abolishment of advance fees cannot completely eliminate cases of fraud. Consumer education is important to reduce the number of people getting scammed.

AMLG has established a California SB 94 fact page designed to educate homeowners. The information can be reached via the company’s home loan modification website at http://www.amlawgroup.net. Click “Resources” and then select “California SB 94” from the drop down.

Through these turbulent times, AMLG will continue to serve the residents of California and welcomes these new and beneficial changes to its industry.

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Industrial Loan Workout Offers Welcome Relief to Troubled California Golf Course

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San Diego, CA (PRWEB) March 16, 2011

Breakwater Equity Partners, a consulting firm specializing in commercial loan workouts, announced nowadays the effective restructuring of Peacock Gap Nation Club and Spa, a 50-year old golf course positioned in San Rafael, CA. Foreclosure on the 137 acre, 18-hole golf course was averted when a new investor bought the defaulted note from the lender, Nara Bank.

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The home was previously owned by Peacock Gap Properties, who purchased it in 2005 for $ ten million with plans to make key improvements to the golf course and clubhouse. The owner took out an further loan for $ six million from Los Angeles based Nara Bank to perform the upgrades in 2007. Following completing the golf course makeover the economy and the genuine estate marketplace took a financial tumble. With the steep drop in golf revenues, the owner started to struggle. By 2008 Nara Bank refused to give funding for the clubhouse renovation. This led to the cancellation of occasion contracts and memberships at the club, causing additional financial distress.

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With the asset under serious threat from the bank, the property owner sought out the knowledge of Breakwater Equity Partners. Right after a thorough examination and evaluation of the financials, neighborhood market situations, and the propertys bankruptcy and litigation exposure, Breakwater Equity Partners executed a workout strategy. That technique leveraged significant litigation claims (including a lawsuit alleging damages of far more than $ 20 million against the lender), a Chapter 11 bankruptcy filing, and the deal economics.

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A lot of individuals have been caught off guard by the sudden collapse of the economy and real estate industry. I know we werent the only ones hit challenging, said George Lee, preceding Common Manager of Peacock Gap CC. We have in depth knowledge in the hospitality business and thought we could ride it out. We felt we had strong, personal relationships with our bank and tried to perform with them. We heard about Breakwater and engaged their services. Our bankers of 30 years would not listen to us, but Breakwater instantly got their consideration. They got us an extraordinary resolution that I think no 1 else could.

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With the leverage of substantial litigation and the stress of a Chapter 11, Breakwater Equity Partners worked with a White Knight investor who bought the note on terms favorable to the client and acceptable to the bank. In the finish the loan was crammed down from around $ 12 million to $ three.four million, a reduction of 71%. Subsequently, the ownership of Peacock Gap was transferred right after bankruptcy court confirmation of the reorganization.

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Peacock Gap is a beautiful house and we are delighted with this outcome, stated Phil Jemmett, CEO of Breakwater Equity Partners. We believe that the local neighborhood will be extremely pleased with the stewardship of the new owner. Breakwater is actively performing commercial workouts nationwide across all asset classes, but completing a exercise on a golf course like Peacock Gap demands specialized understanding, as golf courses are a specialty asset with exclusive attributes. Several golf courses are in problems, either in foreclosure, bankruptcy proceedings or behind on their loan payments. Golf course owners are now facing tough challenges and do not know how to resolve their economic difficulties. In many instances, a loan exercise may possibly be the answer to their ultimate survival.

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About Breakwater Equity Partners&#13

Breakwater Equity Partners is a privately-owned actual estate consulting firm located in San Diego, CA, supplying industrial loan workout methods and negotiation services to house owners and investors all through the U.S. The Breakwater group, consisting of authorities in finance, banking, true estate and law, has worked on over 175 commercial loan workouts throughout the US, with deep encounter in a wide variety of genuine estate classes, including workplace, industrial, retail, multi-family, mixed use, master-planned communities, residential and land development, golf courses, and farming operations. Breakwater also specializes in Tenant-in-Widespread loan workouts. For more details on Breakwater Equity Partners, please contact 858-490-3630 or go to http://www.breakwaterequity.com. Study our weblog at http://www.breakwaterequity.com/weblog

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Media Make contact with&#13

Victoria Cunningham&#13

victoria(at)breakwaterequity(dot)com&#13

858-490-3630 x112

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Lender Mr. HARP Concerned California Home owners Arent Conscious of Low Refinance Prices for Their Mortgage

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Burlingame, CA (PRWEB) April 26, 2012

A record quantity of people with distressed homes are eligible to refinance under the HARP 2. program. This bodes nicely for homeowners hunting to decrease their rates and reduced the month-to-month mortgage payments. The only difficulty? No 1 appears to know it.

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An informal survey regarding the HARP two. program and its purpose has yielded a rather staggering response: What the heck is HARP two.?

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“Our greatest situation right now is that the possible beneficiaries of this program have no idea that the system exists,” says Mike Chiu, a San Francisco Bay Location mortgage broker.

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According to Chiu, the less stringent stipulations of the HARP two. plan have yielded a quite higher quantity of loan modifications hence far. Those home owners with high LTVs (Loan-to-Value) and much less than stellar credit scores have been in a position to successfully refinance their homes. His perform on the system as a result far has his colleagues referring to him as Mr. HARP for assisting these distressed underwater people.

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“After individuals see the decrease rates, they do not require to be convinced to utilize the plan,” says Chiu.

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There are several approaches to get info and use the system, but some can get property owners greater prices than other people. 1 typical misconception is that property owners should use their current lender to take benefit of the HARP plan. This is not correct, and can in fact leave home owners paying larger rates than necessary.

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“Banks and lenders have the ability to make contact with their clients straight,” says Chiu. “Nonetheless, it would be very sensible to shop about for the very best rates. A lender like me, who has no overlays, can a lot more frequently than not get home owners decrease prices and/or smaller sized closing fees.”

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Yet another issue that property owners should maintain in thoughts is that being declined by the bank does not mean they will not be capable to locate someone who can aid them in refinancing. Given that a lot of banks have to deal with overlays, they at times turn down individuals who qualify for the system. This must not deter property owners from seeking second or third opinions from other brokers and lenders, like Mike Chiu.

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I have experienced several situations therefore far where the bank or other institutions have turned down someone who I was in the end in a position to help successfully refinance, says Chiu. I encourage these men and women, along with anyone else interested in the HARP program, to get in touch with me to see if I can support.

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To get a no obligation quote or take benefit of the system, homeowners can speak to Mike Chiu directly at mike(at)mrharp(dot)com or call him at (855) MR-HARP1. He is at the moment specializing in assisting all California homeowners refinance their properties employing the HARP 2. program.

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Zane Advantages Publishes New Data on California Exchange Rates

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Park City, Utah (PRWEB) June 15, 2013

These days, Zane Benefits, Inc. published new data on the California Well being Insurance Exchange prices. Zane Positive aspects, which provides complete and flexible options to standard employer sponsored health benefits, is the leader in defined contribution and health reimbursement arrangements.

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According to Zane Advantages internet site, the California Well being Insurance coverage Exchange announced final week which carriers intend to provide person plans by means of Covered California, California’s Exchange. The California Well being Insurance Exchange will be an on the web portal exactly where where California individuals, families, and tiny businesses can shop for well being insurance plans and receive access to federal tax credits. Covered California will open for enrollment October 1, 2013 with coverage starting January 1, 2014.

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According to Zane Positive aspects internet site, Covered California announced that thirteen carriers will supply person plans by means of the Exchange. California residents will have access to more than 80% of practicing physicians and 80% of acute care hospitals via these 13 overall health plans. It’s estimated that five.3 million Californians will qualify to acquire coverage through the California Health Insurance coverage Exchange.&#13

California Well being Insurance Exchange – Individual Strategy Rates

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According to Zane Rewards internet site, the statewide typical for a Silver-rated program will be $ 321 (ahead of applicable federal tax subsidies). All plans will be presented by levels of coverage: Bronze (plan pays 60%), Silver (plan pays 70%), Gold (plan pays 80%) and Platinum (play pays 90%).

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In addition, eligible individuals getting plans by way of the California Health Insurance coverage Exchange will be able to apply federal tax credits. The tax credits will reduced the expense of the premium and will be applied at the time of buy. The tax credits are based on revenue and family composition.

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Click right here to read complete write-up.

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About Zane Positive aspects&#13

Zane Rewards was founded in 2006 to give a revolutionized SaaS (Application-as-a-Service) administration platform (“ZaneHRA”) for Well being Reimbursement Arrangements (HRAs) and defined contribution well being care. The flagship computer software gives a one hundred% paperless administration experience to employers and insurance pros that want to offer far better overall health positive aspects with no a traditional group overall health insurance coverage plan at reduce costs. For more details about ZaneHRA, visit http://www.zanebenefits.com.

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Kramer and Kaslow: California Investigates Florida Firm that Processes Foreclosures for Major Banks

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Calabasas, CA (PRWEB) June 16, 2011

Lead attorney at the Law Offices of Kramer and Kaslow, Philip Kramer, is weighing in on a recent Los Angeles Times report relating to the California attorney general’s investigation of foreclosure practices. The Los Angeles Times is reporting that state Atty. Gen. Kamala Harris subpoenas documents from Lender Processing Services Inc.

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The post says that, California Atty. Gen. Kamala D. Harris is investigating an obscure Florida firm that processes foreclosures for a lot of of the nation’s significant monetary institutions, as she intensifies her examination of repossession practices in the Golden State.

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According to the L.A Times, The state’s top law enforcement officer subpoenaed Lender Processing Services Inc. of Jacksonville, Fla., a organization that handles loans in default on behalf of numerous main banks. The subpoena calls for LPS to generate documents and offer written answers to queries from the attorney general’s office by June 24.

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“California homeowners have been exposed to fraud and crime at each and every step of the mortgage procedure,” Attorney Common Harris said in the LA Occasions article. “Justice demands we come to their help, and a key step in that is to investigate robo-signing and the prospective for inaccurate or unjust foreclosures.”

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In the article, Harris emphasized that California property owners could have fallen victim to robo-signers who didn’t confirm the accuracy of the documents they had been placing their names on and, in some situations, failed even to study the documents. Typically, folks signed thousands of times a day, she mentioned.

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In her statement, Harris warned that the dangers posed by robo-signing are “particularly unsafe” in non-judicial foreclosure states such as California, as there is no judicial oversight of the foreclosure approach.

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Philip A. Kramer, a California-based attorney whose consolidated plaintiff litigation lawsuits are difficult six of the nations major banks thinks Harris is on the appropriate track. As I have prosecuted hundreds of situations on behalf of my clients, robo-signing is a fraudulent bank practice that happens so typically that I have almost come to believe that a non-robo-signed bank document might be the exception rather than the rule.

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A lot more of Philip A. Kramers observations could be located at the Kramer and Kaslow blog.

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ABOUT PHILIP KRAMER&#13

PHILIP A. KRAMER is the senior companion of the Law Workplace of Kramer &amp Kaslow, in Calabasas, California. Kramer &amp Kaslow is Martindale Hubbell AV rated. Mr. Kramer is a perennial recipient of the prestigious Southern California Super Lawyer award.

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Mr. Kramer received his undergraduate degree from Ohio State University and his Juris Doctorate from the Catholic University of America, in Washington, DC. His practice emphasizes industrial litigation and trial advocacy, with a concentration on business litigation, and true property matters. He has prosecuted and defended circumstances for over twenty five years.

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Mr. Kramer is a licensed true estate broker and has spent considerable time providing legal services in connection with true estate problems relating to loan modification and loss mitigation, land use and zoning, environmental concerns, easements, building and improvement, finance, and landlord tenant matters.

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Mr. Kramer is admitted to practice ahead of all courts in the State of California, the United States Supreme Court and the United States Court of Military Appeals. Mr. Kramer has tried in excess of 200 instances. He has appeared on nationally televised programs regarding pre-trial procedure and trial technique and has appeared as a guest lecturer on subjects ranging from constitutional law to trial practice, and Mr. Kramer often lectures on a broad spectrum of various legal and business problems.

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Mr. Kramer also serves as a Judge Pro Tem for the Los Angeles Superior Court and as a Mediator.

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Mr. Kramer is also a past president of the Los Angeles West Inns of Court, a national organization committed to bringing professionalism and civility back into the legal profession. He also serves on many Boards of Directors and serves as an officer in several businesses. For a lot more info contact (818) 224-3900 or check out http://kramer-kaslow.com

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California Law Says Mortgage Fraud Will Not Be Tolerated As Home owners Commence To See The National Mortgage Settlement Is Functioning

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Minneapolis, Minnesota (PRWEB) July 03, 2012

Stepping ahead to lead other states, California lawmakers approve the pending legislation, to write into law much of the national mortgage settlement negotiated this year with the nations top five banks. According to California Department of Justice, CA will become the first state to make the National Mortgage Settlement law, “The Assembly approved the legislation on a 53-25 vote, and the Senate followed by voting 25-13”. The two key bills containing major refinance reform are AB 278 (Eng/Feuer/Mitchell) and SB 900 (Leno/Corbett/DeSaulnier/Evans) and have been thoroughly considered by a legislative conference committee. See attachment for details.

Home Destination has helped many a homeowner through a foreclosure or short sale in the last few years. Today one of her clients believes they are be a victim of banking mortgage fraud and is asking for help on how to proceed.

Jenna Thuening, owner of Home Destination, urges distressed home owners that, “If you are a homeowner struggling to pay your mortgage or facing foreclosure, or if you have already lost your home to foreclosure, it is possible that the National Mortgage Settlement could help you. Not every homeowner will qualify for relief under this settlement. Those who do qualify may receive various forms of relief according to their individual circumstances. Homeowners who may have been wronged shouldn’ give up, taking action may make all the difference in saving a home and stopping one more unnecessary foreclosure.”

California’s new legislation “will require large lenders to provide a single point of contact for homeowners who want to discuss loan modifications. It would prohibit lenders from foreclosing while they consider alternatives to foreclosures. And it would let California homeowners sue lenders to stop foreclosures or seek monetary damages if the lender violates state law. The protections would benefit all California homeowners, not just those whose mortgages are with the five banks that signed the national settlement.”

While banks thought this was too broad, the legislation also imposes a $ 7,500 civil penalty per loan when the lender has filed unverified documents — a practice known as “robo-signing.”

“Passing these key elements of the Homeowner Bill of Rights represents a significant step forward for struggling homeowners,” Attorney General Kamala Harris said in a statement. “These common-sense reforms will require banks to treat California homeowners more fairly and bring more transparency and accountability to their practices in our state. Responsible homeowners will have a better shot to keep their homes.”

Found encouraging to homeowners across the nation, real estate justice was also served in Alabama on June 28th, as reported by The Department of Justice. “A federal grand jury in Mobile, Ala., returned an indictment today against two real estate investors and their company, charging them with participating in conspiracies to rig bids and commit mail fraud, at public real estate foreclosure auctions.”

Mortgage fraud was not tolerated in the case of home owner Lynn Szymoniak either. She is one of six Americans who have successfully been awarded in the national foreclosure settlement. “Finalized earlier this year, as a result of whistleblower suits. In total, they collected $ 46.5 million”, according to the Justice Department. Cnnmoney.com reported on June 2, 2012, “The other five came from within the industry, such as an appraiser who helped the government show that Countrywide Financial had been inflating home appraisals to collect higher claims from FHA. Other whistleblowers exposed banks overcharging veterans who had mortgages guaranteed by the Department of Veterans Affairs.” Szymoniak will get $ 18 million from the governments $ 95 million award in her lawsuit.

We are seeing state governments and judges stand up strong to make mortgage fraud wrongs stop robbing hurting homeowners. Homeowners who could benefit from talking to a Certified Distressed Property Expert, may contact Jenna Thuening today.







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New Book: How to Avoid Foreclosure in California, 2012 Edition by Howard L. Hibbard

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Burlingame, CA (PRWEB) July 06, 2012

True estate Lawyer Howard L. Hibbard, has announced the release of his new book titled, How to Avoid Foreclosure in California, 2012 Edition: An Straightforward Guide to Saving Your Property and Walking Away With Money, published by Cheka Press.

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Regardless of the overwhelming quantity of data accessible these days for distressed property owners trying to keep away from foreclosure, most of it is lengthy, hard to understand, legalese. Mr. Hibbard requires this to heart and condenses his info into an simple-to-comply with 30 page book, that provides answers to the most pertinent questions on mortgage default, loan modification and tax consequences.

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He starts out by introducing a Distressed House Owners Possibilities Chart thats chalk-full of worthwhile details broken down into eight various house sorts and the various options obtainable for avoiding foreclosure. He then goes a step further by telling distressed property owners how they can stroll away from their home with income in their pocket.

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Mr. Hibbard also covers the most recent 2012 California legislation and its effect on distressed property owners. In effortless to recognize terms, he explains Senate Bill 94 that prohibits advanced costs on loan modification, as nicely as Senate Bills 931 and 458 that forgive debt following quick sales. He also reminds us of earlier legislation on mortgage debt relief that is due to expire at the finish of 2012. In addition, he explains how to steer clear of falling victim to lawsuits, as well as scams to collect funds.

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You can obtain How to Steer clear of Foreclosure in California, 2012 Edition, as a paperback or eBook by way of Amazon.com and Smashwords.com.

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About the Author&#13

Howard L. Hibbard is owner and principal lawyer of the Law Workplace of Howard L. Hibbard, founded in 1979. With more than 30 years expertise as a trial attorney in both state and federal courts, his primary concentrate has been on commercial and residential real estate matters, including construction defect lawsuits. Mr. Hibbard is also author of The Legal Pitfalls of Quick Sales and Foreclosures, and teaches seminars on how to keep away from foreclosure via loan modification programs, and other essential details on buying and selling distressed properties.

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