Two recent decisions from the Attorney’s Professional Discipline Committee show that some one who is not a Connecticut Attorney should not be representing you in a foreclosure. (or any other legal matter). In Mark Dubois v. Betran Bosmans (http://www.jud.ct.gov/SGC/decisions/10-0496.pdf) the Committee ordered presentment to Superior court for an out-of-state lawyer soliciting mortgage modification business in Connecticut. In a similar case a Los Angeles lawyer took money from Connecticut residents to defend Connecticut foreclosures. His case has also been ordered to be sent to Superior Court. (Mark A. Dubois v. Chance Gordon http://www.jud.ct.gov/SGC/decisions/10-0091.pdf)

Contact the Law Offices of Gregg W. Wagman at:
70 Howard Street Suite C
New London, CT 06320
860-444-0100 office

wagman@attorneywagman.com

Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London

Connecticut’s foreclosure mediation program has now been extended to July 1, 2014, Several important changes have been added to the program. Foreclosure cannot be completed until eight months after the start of the case or fifteen days after the mediation has been terminated. This may effectively give a homeowner eleven months in a house after they stop paying their mortgage as long as they are participating in the foreclosure mediation process through the court.

Most motions are prohibited until while the parties try to complete the mediation. The foreclosure cannot continue during the mediation unless the homeowner files a motion other than a motion to dismiss or a motion relating to the mediation.

After October 1, 2011 the first mediation session must be scheduled within the thirty-five days after the return date. (was fifteen days) When the bank starts a foreclosure action it now has to provide the homeowner with information about credit counseling agencies, a form that indicating the information that will be needed for the mediation and a mortgage account statement that that shows a credit and debt history for the prior year.

The Legislative Supplement can be found at

http://www.cga.ct.gov/2011/BA/2011HB-06351-R010893-BA.htm

Contact the Law Offices of Gregg W. Wagman at:
70 Howard Street Suite C
New London, CT 06320
860-444-0100 office

wagman@attorneywagman.com

Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London

Here Is a free book about fingerprints. They may not be as accurate as portrayed or as “sold” to us by the FBI.

http://www.nij.gov/pubs-sum/225320.htm

There are problems with partial prints and the FBI does not use a system as careful as the one utilized in Europe

If you are older than 21 and get caught with less than one-half ounce of marijuana (about 30 joints) you will be issued an infraction. (the equivalent of a traffic ticket – no criminal record) The infraction carries a $150 fine.

If you are under 21 you will get the same ticket, but also face a 60-day driver’s license suspension. (the same as possession of alcohol by a minor)

Fines for subsequent offenses range from $200 to $500. Three or more offenses requires to drug counseling at their own expense.

Contact the Law Offices of Gregg W. Wagman at:
70 Howard Street Suite C
New London, CT 06320
860-444-0100 office

wagman@attorneywagman.com

Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London

The Defense of Marriage Act will not cause a bankruptcy filed by a same-sex couple to be dismissed. In a recent ruling out of the the Southern District of New York a bankruptcy judge declined to dismiss a joint bankruptcy case filed by a same-sex couple at the request of the U.S. Trustee. The same-sex couple had been married in Vermont then filed bankruptcy in New York where they lived shortly afterwards. Section 302(a) of the Bankruptcy Code allows a married couple to file a petition together as long as they both qualify.

The Court ruled that the case cannot be dismissed because a dismissal would not be in the best interests of the debtors or their creditors.

In re Theresa L. Somers and Rosemary Caggiano 21 CBN 830 (Bankr. S.D.N.Y. 2011)

Contact the Law Offices of Gregg W. Wagman at:
70 Howard Street Suite C
New London, CT 06320
860-444-0100 office

wagman@attorneywagman.com

Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London

Today July 1, 2011 changes recently passed by the Connecticut Legislature will go into effect for people convicted of driving under the influence of alcohol or drugs (also known as driving while intoxicated).

The biggest change is that the license suspensions have been made easier if you have the ability to put a breathalyser in your car. The license suspension for a first conviction has been reduced from one year to forty-five days if you put the “ignition interlock device” into your vehicle. The license suspension has similarly been reduced from three years to forty-five days after a second conviction ( if the driver is over 21). The suspension for a third conviction remains the same at a lifetime ban on driving.

This will significantly help a variety of people who find it difficult to remain productive citizens without a license especially if the person does not live near public transportation.

Driving while your license is suspended because of an motor vehicle offense that is alcohol related has a penalty of up to one year in jail The judge has to sentence the defendant to a minimum of thirty days in jail unless he or she finds “mitigating circumstances”.

Contact the Law Offices of Gregg W. Wagman at:
216 Broad Street
New London, CT 06320
860-444-0100 office

wagman@attorneywagman.com

Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London

· The litigation hold becomes effective July 1 and will apply to existing cases for which less than 8 months has passed since the return date. The hold is on making motions, requests, or demands, and not on the court deciding those motions – so matters in the queue may still go forward.

· The same rule about getting foreclosure judgments still applies – lenders can’t get one until mediation is over. (Ignore any quotes in the media to the contrary.)

· If mediation terminates before eight months runs, you get a 15-day “cooling off” period that’s meant to be time to file an answer.

· More on the hold:

o Can a homeowner file an answer w/o breaking the hold? Yes, but they don’t need to file an answer until mediation ends.

o Can a homeowner file special defenses and counterclaims w/o breaking the hold? Yes, but they don’t need to file them until mediation ends.

o Can the plaintiff file a reply to a homeowner’s pleading? Yes.

o Can the plaintiff file a motion to strike? Not till the hold is over.

o Can the plaintiff file a demand for disclosure of defense while the hold is in effect? No.

o Can the plaintiff file a motion to amend the complaint? No.

o Can the plaintiff move against the other defendants (e.g., second mortgagees)? Yes

A link to the full bill that will take effect on July 1, 2011 is here.

http://www.cga.ct.gov/2011/AMD/H/2011HB-06351-R00HA-AMD.htm

Contact the Law Offices of Gregg W. Wagman at:
216 Broad Street
New London, CT 06320
860-444-0100 office

wagman@attorneywagman.com

Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London

This is the opposite of what realtors tell sellers listing for short sales- the mantra is no matter what it is better for your credit scores not to have the foreclosure on your record….
Research looks at how mortgage delinquencies affect scores – Banking Analytics Blog

* The magnitude of FICO® Score impact is highly dependent on the starting score.
* There’s no significant difference in score impact between short sale/deed-in-lieu/settlement and foreclosure.
* While a score may begin to improve sooner, it could take up to 7-10 years to fully recover, assuming all other obligations are paid as agreed.
* In general, the higher starting score, the longer it takes for the score to fully recover.
* Even if there’s minimal difference in score impact between moderate and severe delinquencies, there may be significant difference in time required for the score to fully recover.

http://bankinganalyticsblog.fico.com/2011/03/research-looks-at-how-mortgage-delinquencies-affect-scores.html

Contact the Law Offices of Gregg W. Wagman at:
216 Broad Street
New London, CT 06320
860-444-0100 office

wagman@attorneywagman.com

Serving the Eastern Connecticut region including the Northeastern towns of Thompson, Putnam,
Brooklyn, Colchester, Willimantic, Marlborough, Lebanon and Plainfield and the Southeastern towns of Old Saybrook, Old Lyme,East Lyme,Waterford, New London, Groton, Salem, Ledyard, Montville, Mystic, Norwich, Voluntown, Preston, Stonington, North Stonington and New London

Student loans are much more difficult to have discharged than other forms of loans. Courts will dismiss the loan if the borrower can prove that the loan “will impose an undue hardship on you and your dependents”. Courts determine if you are eligible for this claim by asking the following questions which are known as the Brunner Test:
1) the debtor cannot maintain, based on current income and expenses, a “minimal” standard of living for the debtor and the debtor’s dependents if forced to repay the student loans;
2) additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and
3) the debtor has made good faith efforts to repay the loans. If the borrower is filing for Chapter 7 bankruptcy the same process applies.
At any time during the bankruptcy the borrower can file to prove undue hardship without paying an extra fee. By filing for bankruptcy collectors cannot ask for student loan payments until the case has been settled in Bankruptcy Court. Student loans can also be tamed in a Chapter 13 bankruptcy by creating a payment plan that allows the debtor to pay back mortgages and other secured debts first and after your payment time is over, usually three to five years, the borrower can once again apply to prove undue hardship.

http://www.studentloanborrowerassistance.org/bankruptcy/

Lender Processing Service (LPS) is the most popular system lenders use to deal with delinquent loans. The LPS is a mostly automated system that has been recently been accused of fraud. This accusation stems from the Wilson Case which involves the Wilson family and the Boles Firm. The Wilsons were filing for bankruptcy and when a debtor is filing for bankruptcy lenders must obtain the judge’s permission to foreclose the debtor’s home. In this case the Boles Firm first told the judge that the Wilson home should be foreclosed for the Wilsons were behind on their mortgage payments, a claim that the Wilsons objected. The Boles Firm then came back again and told the judge that the Wilsons were up to date on their payments at the time of the first request but since then they were behind on four payments. This is where the deception of the LPS begins. The Wilsons had sent payments regularly to Option One, the lender that the Boles Firm was appointed to through LPS. The Boles Firm lied to the judge to attempt to foreclose the home by re-routing the payment the Wilsons made to LPS rather than letting it go straight to Option One. This is a standard procedure for LPS and is targeted to cause confusion that will allow the lender to foreclose even during bankruptcy. The LPS system is automated but is designed to create confusion by keeping each task a secret from those who are performing another. The Wilson case is the norm for LPS. Experts are calling for these quick solutions to delinquent loans to be stopped for they facilitate fraud by lenders.

http://www.dailyfinance.com/story/real-estate/when-banks-outsource-foreclosures-nothing-good-happens/19836088/