Mr. M's Blog

Rabbi pleads guilty to wire and mail fraud?

2012-02-21T20:20:19Z

New York Times Article

Rabbi Menachem Youlos, a bookstore owner who described himself as a Jewish "Indiana Jones" plead guilty to mail and wire fraud in the New York City Federal Courthouse. His scheme involved convincing people that he was traveling the world--particularly in Europe and in Israel--to find ancient Torah's (the Old Testament) that were lost during the holocaust.

He created a foundation called, "Save a Torah" wherein he would sell Torahs, just not ancient Torahs, and just not recovered from personal exploration into exotic and dangerous places like Harrison Ford's character did in the 4 Indiana Jones movies.

An investigation discovered that Rabbi Youlos had never been beaten or captured either as he claimed. Menachem Z. Rosensaft, and adjunct professor at Cornell Law School and General Counsel of the World Jewish Congress began doubting Rabbi Youlos stories when Rabbi Youlos claimed that he even fell through the floor of a German barracks at Bergen-Belsen, which was a concentration camp in Germany in WWII. Mr. Rosensaft knew from his parents that Bergen-Belsen was burned down by the British.

At sentencing, the Judge impersonated Indian Jones and told the Rabbi, "Snakes . . .I hate snakes . . .." The judge did not say that.

South Florida Law Enforcement cracks down on "Pill Mills"

2012-02-21T19:05:49Z

USA Today Article

South Florida is a popular place for dealers and drug traffickers to come to all the way from my home state of Kentucky and surrounding states because there are so many "pain clinics" here to buy Xanex, Methadone, Hydro Codone, Oxycodone, etc.. I said "pain clinics" because they are not really treating people for pain. It is more like an mutual understanding that a patient pretends to be in pain, when the doctor knows that the patient is not really in pain, and the doctor knows that the patient is not in pain and the patient knows that the doctors knows that the patient is not in pain. It is really just a drug deal. The sad part is that some patients really are in pain, but they are giving the other patients a bad name. Perhaps some of these doctors really are concerned about their patients health and well-being, but maybe they are just overeducated and over trained dealers.

I hold the doctors more accountable because they have a duty to help provide a better quality of life for their patients. I had a client whom I believe was run through the system and prosecuted for DUI. My client may have been drinking and driving, but I think his bigger problem was pain pills. My big problem was why is the prosector after my client and no the pain clinic? My client is a result of a problem, not the source of the problem. The pain clinic was the source of his problem. I honestly believe that if the local government had shut down the pain clinic, then the local law enforcement would not have anyone to prosecute.

That case always haunts me becuse my client was so out of it that he said some awful things to the police officer who arrested him (spontaneous statements 90.803(1) and statements of then-existing mental, emotional, or physical condition 90.803(3) are admissible evidence). Not awful things about the police officer, but just awful things in general right into the video camera. I don't think my client was in the right state of mind, when he said those things. Those facing criminal charges should also be aware of DRE's, which stands for Drug Recognition Experts. These are police officer with special training who look for things like "the shakes", jittery behavior, nervousness, hyper-verbal, or just the opposite: overly relaxed, slurred speech, lethargic, overly relaxed, pupils, eye movement, etc.

Federal Reserve Governor Raskin, "penalize the banks"

2012-02-07T20:23:16Z

Reuters Article

More Relief from Making Home Affordable--must be current

2012-02-07T19:45:55Z

The new Federal Housing Finance Agency regulates Freddie Mac, Fannie Mae and 12 Federal Home Loan Banks. FHFA

This improved HARP program will continue to be available to borrowers with loans sold to the Enterprises on or
before May 31, 2009 with current loan-to-value (LTV) ratios above 80 percent. The enterprises are Freddie Mac and Fannie Mae. Here is FHFA News Release (pdf)

Some Highlights:

You must be current on your mortage or have only been late once in the last 12 months.

The new program enhancements address several other key aspects of HARP including:
 Eliminating certain risk-based fees for borrowers who refinance into shorter-term
mortgages and lowering fees for other borrowers;
 Removing the current 125 percent LTV ceiling for fixed-rate mortgages backed by
Fannie Mae and Freddie Mac;
 Waiving certain representations and warranties that lenders commit to in making loans
owned or guaranteed by Fannie Mae and Freddie Mac;
 Eliminating the need for a new property appraisal where there is a reliable AVM
(automated valuation model) estimate provided by the Enterprises; and
 Extending the end date for HARP until Dec. 31, 2013 for loans originally sold to the
Enterprises on or before May 31, 2009.

Were you in foreclosure from Jan. 1, 2009-Dec. 31, 2010.

2012-02-07T19:25:26Z

If you were in foreclosure during this time frame--an actual lawsuit had been filed against your property you are encouraged to vistit Possible Remedies Fed Government agreement with Loan Servicers. I actually discovered this form the Washington Post. Washington Post Article. The Federal Reserve Board of Governors and the Office of the Comptroller of Currency (OCC) have authorized this independent review and have hired and outside consulting firm.

Deadline is April 30, 2012 and you must have had one of these loan servicers.

America’s Servicing Co.
Aurora Loan Services
BAC Home Loans Servicing
Bank of America
Beneficial
Chase
Citibank
CitiFinancial
CitiMortgage
Countrywide
EMC
EverBank/EverHome Mortgage Company
Financial Freedom
GMAC Mortgage
HFC
HSBC
IndyMac Mortgage Services
MetLife Bank
National City Mortgage
PNC Mortgage
Sovereign Bank
SunTrust Mortgage
U.S. Bank
Wachovia Mortgage
Washington Mutual (WaMu)
Wells Fargo Bank, N.A.
Wilshire Credit Corporation

Mass. Attorney General Sues 5 National Banks

2012-02-07T19:09:04Z

This is from the Massachusetts Attorney General's Website. The Attorney General is Martha Coakley who is suing JP Morgan Chase, Citibank, Wells Fargo, Bank of America, GMAC Mortgage.
From MA Atty. Gen. Website with audio

US Supreme Court says No GPS tracking.

2012-02-06T17:31:30Z

It is pretty rare to get a unanimous decision from the US Supereme Court--but they did it. In United States v. Jones, law enforcement put a GPS tracking device on the car of Jones's wife in the hopes of catching him dealing drugs. Well, they caught him dealing drugs, but too bad. The US Supreme Court said that you have to have warrant and that your warrant was invalid because the judge said the GPS has to be put on the vehicle within 10 days in Washington, D.C. The GPS was put on the car in 11 days outside of Washinton D.C. The Federal Government's argument was that they can track you whever they want . . .huh?

US v. Jones

Woman's Breasts too Large to do Field Sobrety Test--Worth a shot.

2012-02-06T16:55:08Z

A woman was arrested in Martin County Florida Large Breasts Story from ABC of West Palm Beach and refused to take a field sobriety test because she said her breasts were too large and she would not be able to keep her balance. I think it is a legitimate defense.

I'm not saying a jury would buy maybe it does make it hard to keep your balance. You don't see ballerinas or olympic gymnastics or ice skaters with large breasts . . .or professional tennis players, or divers, or soccer players. . .in fact I cannot think of one female professional athlete in a sport that requires a lot of balace who has large breasts and is very good at what she does. How many ladies on Dancing with the Stars do you see with DD cup size. I'm not joking ladies, I'm taking your side. Tell me if they have large breasts and if you think they could do what they do if the DID have large breasts. Here is a list:

Kerri Strug--1996 Olympics. Remember she broke her ankle and did the vault anyway?
Serena Williams--I can't list all of her awards.
Cynthia Cooper--won gold in Seoul Korea in 1988 and did not start playing for the WNBA until she was 34.
Hope Solo--US Olympic soccer goalie and dancing with stars finalist.
Shawn Johnson--US Olympic gymnast and winner of dancing with the stars.
Kristi Yamaguchi--US Olympic Ice Skater and winner of dancing with stars.

22 Million dollars. Man in solitary confinement for 2 years.

2012-02-06T16:15:07Z

Ok I have not looked to see what this guy did to get himself in jail and I don't really care--oh, after rereading the article, it was driving intoxicated and receiving a stolen vehicle. Many Americans were prisoners of war and were captured by the enemy--enter John McCain. They were held in solitary confinement becasue they were prisoners of war, not as US Citizens in the United States. Sad. ABC Channel 25 West Palm Beach

TSA says they "escorted" Senator Rand Paul, not "detained"

2012-02-06T15:39:20Z

I like U.S. Senatory Rand Paul of Kentucky. I just wish I could tell if he stood up to TSA because he believes in the 4th Amendment or because he does not like the TSA--in which case I would guess he does not like the TSA becasuse he thinks it costs too much money.

Then again, I would be assuming he thinks like his dad, Ron Paul who has been jokingly called, "Dr. No" like the James Bond villian. He was called Dr. No becasue if asked to spend money on anything, he would always respond, "No", plus, he is a physician. I don't think TSA is a waste of money, but I get annoyed if I get stopped. Rand Paul said that in so many words that he believes that if somone does not want to be pat down, that they should be able to go through the scanner maching again. I agree. Some people don't like to be touch by other people for personal space or because the are germaphobes. MSN Story

Ex NY Detective gets probation for planting drugs on suspects.

2012-02-03T23:00:41Z

NY Times Article

I wonder what happened to the people he planted drugs on?

A little clarity please . .TARP, MHA, HAMP, HARP, HAFA, UP, HHF, 12 CFR SubCh. 1

2012-01-31T17:17:22Z

Here is a little primer, but you can skip to the acronmyms down below. This is a little explanation about Federal Law.

Federal Law (Statutes & Regulations) are a little confusing. First of all you, have to have a statute first, that allows the government to write a regulation. There are so many statutes and regulations, yet we are supposed to refer to them by the Title and Section only. That would be fine if there were not thousands of sections.

For example, 12 U.S.C means Title 12 of the United States Code, which covers Banks and Banking, but for its regulations, 12 C.F.R. means Code of Federal Regulations and its Title 12 also covers banks and banking. So, if someone says "Title 12", you have to ask, "Do you mean statute or regulation?"

The other thing is that is that a Title will have Parts, SubParts, Chapters, SubChapters, which would make it easier to find what you are looking for, but I suppose the citation would be too long. I suppose 24 CFR Sec. 203.500 ( a foreclosure defense) is easier to write than 24 CFR, Subtitle B, Chapter II, Subchapter B, Part 203, Subpart C, subjgrp, section 203.500. By the way, this is the section, then the paragraphs can be broken down into (a)(1) or (a)(1)(A), etc.

There are so many acronyms, I decided to write them all down for readers and for a little review for myself as I get so busy fighting for homeowners writing pleadings and writing acronyms that I sometimes forget what they stand for or worry that opposing counsel (bank or HOA's attorney) or the judge will not know or will have forgotten. I hope judges get with and stay familiar with these programs.

For example, I will write something like,"Plaintiff, through the TARP/MHA program, has acted in bad faith and has avoided making various home retention programs availabe to a homeowner such as: HAMP, HARP, HAFA, UP . . ." then I start wondering, "Will the judge know what I'm talking about if I just write HARP?"

Troubled Asset Relief Program
Making Home Affordable
Home Affordable Modification Program (most common program, wherein homeowner applies for modificaton) Most everyone has heard of this.
Home Affordable Refinance Program (payments must be current)
Home Affordable Foreclosure Alternatives (Deed-In-Lieu, short-sale)
Home Affordable Unemployment Program UP--I guess HAUP did not catch on.
Hardest Hit Fund (for areas of the country that have suffered from the most foreclosures) Like CA, Las Vegas, Florida, etc.

3rd District Court of Appeals (Miami) says Clerk can lose paperwork

2012-01-30T00:38:33Z

3rd DCA (Miami) says it's ok if the clerk lost the promissory note. This a pdf opinion.

I am over simplifying a little, but not much. I know folks out there who either have hired an attorney or are defending themselves pro se really watch this stuff closely.

To me, the 3rd DCA is saying it is ok that the the loan documents are lost in the "bowels" of the courthouse because . . . .the defendant did not object to the plaintiff substituting a party plaintiff.

Maybe I'm missing something here . . .but from reading this opinion, I don't know what not objecting to a party plaintiff substitution has to do with not having the proper loan documents (I'm not done--coming back to this). I guess the promissory note presented at trial was an "old" promissory note and mortgage along with the old Plaintiff. So, the plaintiff must have substituted the old plaintiff for the new plaintiff but the promissory note still had the old plaintiff. . .

Anyway it does not matter. This is why: Justice Sheperd in his dissent talks about the witness for the bank who is supposed to introduce the documents into evidence not having personal knowledge. She did not have personal knowledge or was very nervous. The Defense counsel for the homeowner kept objecting becasue of this lack of personal knowledge, but the trial judge ignored the objections. I think the judge who presided over the trial was different from the judge who dismissed the bank's case.

Let's say Justice Emas and Schwartz were right about the note and mortgage, and lets say they were right about the defense not objecting to the substituion of the Plainitff, how did they get around the lack of personal knowledge by the witness?

This is a problem with real estate bench trials as opposed to jury trials.

1. It would very hard to find a fair jury in a foreclosure trial (jury trials not allowed in real estate matters)--possibly even harder than finding a fair jury in a criminal trial.

2. If a jury saw a witness sitting there saying, " I don't know, I thought . . ., maybe . . I've never seen this . . " etc. etc., then the jury would think to themselves, "Why are you testifying as a witness, when you don't know anything?"

In traffic trials, for example, if a police officer cannot remember giving someone a traffic ticket, then the case is dismissed. Maybe you have heard about the right to confrontation or the confrontation clause, which is the 6th Amendment. Well, the 6th amendment applies to criminal cases, but even in civil cases a witness has to have knowledge . . how can you testify about something you don't know anything about????? For example: you were not there; you don't remember; you have never see this person before in your life . . right?

Freddie Mac and Fannie Mae to permit forbearances for unemployed

2012-01-29T23:57:38Z

From the Washington Post

This is good news. Also a reminder that you have to take care of the loan modification and the lawsuit. You cannot ignore either one. Also, some loan servicers have gone back on their part of the bargain by giving a permanent loan modification then later not accepting payments.

Foreclosures less costly than loan modifcations?

2012-01-29T23:46:27Z

Huffington Post Article

This is an old article, but it rings true. I have been reading Ms. Diane E. Thompson's research of the National Consumer Law Center. Wow. . .she knows her stuff.

Foreclosures are easier on the loan servicer, not the loan holder, the mortgagee . . . .

OWS--400 arrested in Oakland

2012-01-29T23:38:44Z

Occupy Wall St. 400 arrested

Come to think of it . . .I have not heard any presidential candidates even mention occupy wall street. I guess they are afraid to talk about it.

Ouch . .police in Connecticut arrested by FBI for discrimination

2012-01-29T23:32:18Z

FBI arrests police for discrimination

Man posing as Darth Vader gets tazed and pepper-sprayed

2012-01-06T19:35:00Z

Darth Vader, the powerful overlord . . .everyone knows who Darth Vader is.
A man with a Darth Vader mask in Orlando put a fight with police and was subdued by a tazer and pepper-spray.

Darth Vader tazed and pepper-sprayed in Orlando

Joran Van der Sloot to plead guilty

2012-01-06T19:28:22Z

No he is not pleading guilty to the death of Alabama teenager Natalee Holloway. He is pleading guilty to the robbery and murder of Stefany Flores in Peru.

Murder trial post-poned

FL Dept of Children & Families (DCF) wants to interview

2012-01-06T19:20:28Z

There was an interesting albeit sad question on AVVO the other day about a mother who can get the father of their child to stop doing drugs in the home. She tried to throw away the marijuana he smokes and they got into a tussle and she called the police. I don't know if she called the police via 911 or if she filed a petition for an injuction against domestic violence on behalf of their child, or her, or both. These are also called "stay-away orders" and "restraining orders".

The problem is now that the Florida Department of Children and Families wants to come for an interview to see if the child is being neglected or abused. The officer will probably ask them if the drink and do drugs. If they say no, then the officer will most likely ask them to do a drug test. If the mother and father say no to that the officer will be suspicious and think they do drugs and maybe ask the judge for an order for drug testing. If mom and dad say they do drugs then they are admitting to a crime. This is a catch-22 or being stuck between a rock and a hard place.

The other problem is that it seemed like the mother wanted to change things so that her and dad would give up drugs, but dad does not seem to want to. So when the officer comes for the interview, I imagine mom will be saying we would like help, but dad may be sitting there shaking his head no saying, "We don't need help, it's not big deal, it won't happen again, we are fine, it was a misunderstanding . . ", etc. Then the officer will see that mom and dad don't agree and this is the reason they get into arguments and fights in the first place.

The DCF officers are not dummies and they have heard every excuse and lie in the world. I felt bad for the mother becasue she may have to decided who is more important, her baby or the baby's father. We want children to have a mother and a father, but not a bad mother or father. The standard is Florida is "the best interest of the child." As I told this mother, I said, usually the best interest of the child is to have both parents. But if the parents behavior becomes very neglectful or abusive, then the best interest of the child is probably for the child to be out of there and living with another family member or put up for adoption.

If you are going to get interviewed by DCF, it may be in your best interest to have an attorney present to speak for you, much like a police investigation or interrogation so that the attorney can filter questions and check out the demeanor of the DCF officer. Some DCF officers want to help, but some may be aggressive and have a grudge agasinst parents who they think are unfit parents and COULD try to find as many ways as possible to determine that mom and dad are unfit parents. The DCF officers have a lot of persuasive powers with the court and can recommend anything from anger management to drug counseling or that the child be taken away.