Posted on 30 April 2011. Tags: 700 employees, alter ego, Arklynn Rahming, british virgin islands, Chandra Doucette, class action, Dawn M. Rapoport, djsp enterprises, Edwards, employees, farmer, Fistos & Lehrman, florida, Florida’s Worker Adjustment and Retraining Notification Act, foreclosure mill, Gary Farmer, Jaffe, law offices of david J. stern plantation florida 33324, MOWAT v. DJSP Enterprises, Nikki Mack, pierce the corporate veil, Quenna Humphrey, Renae Mowat, Single Employer, unemployment, URSULA UNGARO, WARN ACT, Weissing
RENAE MOWAT e t al.,
v.
DJSP ENTERPRISES, INC., et al.,
Excerpt:
B. Stern and DJSPA as “Employers” under Single Employer Test
Plaintiffs argue that WARN Act liability is imputed to Stern and DJSPA under the single employer test. Stern and DJSPA contend that Plaintiffs fail to sufficiently allege all the elements of the single employer test.
Two or more affiliated businesses which constitute a “single employer” may be held jointly and severally liable for violations of the WARN Act. Pearson v. Component Tech. Corp., 247 F.3d 471, 478 (3d Cir. 2001). The Department of Labor (“DOL”) regulations issued under the WARN Act provide that two or more affiliated businesses may be considered a single business enterprise for WARN Act purposes. 20 C.F.R. § 639.3(a)(2). The regulations provide a five-factor balancing test to assess whether affiliated businesses constitute a “single employer,” which would subject them to joint liability under the WARN Act. See Pearson, 247 F.3d at 478.
The five DOL factors are as follows: (1) common ownership, (2) common directors and/or officers, (3) unity of personnel policies emanating from a common source, (4) dependency of operations, and (5) de facto exercise of control. Id. at 487– 490; 20 C.F.R. § 639.3(a)(2).
Plaintiffs adequately allege the five elements of the single employer test.
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© 2010-12 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
www.StopForeclosureFraud.com
Posted in STOP FORECLOSURE FRAUD
Posted on 30 April 2011. Tags: chain of title, chief judge jonathan lippman, documentation, foreclosure fraud, Judge F. Dana Winslow, note, servicers
Wall Street Journal-
F. Dana Winslow, a N.Y. State Supreme Court Justice in Long Island’s Nassau County, said there has been only “a marginal improvement in what is being submitted to the court.”
For example, financial institutions are “showing a better chain of title” about who owns the debt, he said. “But I’m not seeing any additional clarity on who has control over the actual mortgage note signed by the borrower and lender and where the note is.”
© 2010-12 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
www.StopForeclosureFraud.com
Posted in STOP FORECLOSURE FRAUD
Posted on 30 April 2011. Tags: arizona, Darrell Blomberg, foreclosure fraud, House Banking Committee, karl denninger, Lobbying, Lobbyist, MERS, Michele Reagan, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Nancy McLain, principal reduction, Rep. Carl Seel, Rep. McLain, SB 1259, Sen. Michele Reagan, Senate Bill 1259, Strike, video
Another Exclusive from Mandelman
Remember Arizona’s Senate Bill 1259 that would have required servicers to produce a declaration that they had the proper chain of title prior to foreclosing on someone’s home? You know… the one that passed the Arizona Senate 28-2 that I wrote about back on February 23rd of this year?
Remember maybe a month ago when I tried to follow up to see how the bill was proceeding in the Arizona House of Representatives… only to find out that on the way to the House… it disappeared… the text replaced by some bill about firefighting with the same number? And no one was saying a word about it? If you missed it, I wrote about it here.
Okay, well… it appears that the story is not over yet.
© 2010-12 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
www.StopForeclosureFraud.com
Posted in STOP FORECLOSURE FRAUD
