“lawyers” | FORECLOSURE FRAUD | by DinSFLA

Tag Archive | "“lawyers”"

Alison Frankel | Securities lawyers beware: The SEC may be coming after you

Alison Frankel | Securities lawyers beware: The SEC may be coming after you


Alison Frankel-

If you’re a lawyer who advises securities issuers, there was an ominous confluence of events Friday. Kenneth Lench of the Securities and Exchange Commission’s Enforcement Division said publicly, according to Bloomberg, that the SEC is considering enforcement actions against lawyers who helped put together dubious transactions involving complex securities. And quicker than you could say Janus Capital v. First Derivative, the full Commission issued a notice that it’s reviewing the scope of protection the U.S. Supreme Court’s 2011 ruling offers secondary-player defendants in enforcement actions. (Hat tip: Securities Law Prof Blog.)

The Janus decision, you’ll recall, held that Janus Capital wasn’t liable for the alleged misstatements its mutual funds made in an offering prospectuses. The Supreme Court said that only the funds “made” the offending statements, no matter how much of a behind-the-scenes role the parent company played. Janus hasn’t turned out to be an absolute bar on claims against financial advisers — National Century bondholders won a summary judgment ruling last month that permits them to proceed with their securities fraud case against Credit Suisse — but continued the line of Supreme Court rulings that has made it increasingly difficult for investors to tag secondary players with liability.

[ON THE CASE -REUTERS]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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NY AG’s office: ‘Systemic’ abuse of lawyerless litigants

NY AG’s office: ‘Systemic’ abuse of lawyerless litigants


New Yorkers remember one thing …

YOU’RE IN EXCELLENT HANDS!

Times Union-

ALBANY — Scores of low-income New Yorkers have unjustly lost court battles — and their homes — because they could not afford lawyers to fight often baseless legal actions, a top aide to Attorney General Eric Schneiderman told a special panel Monday.

“The lack of individual representation in foreclosure actions is one reason we have seen systemic abuses of the legal system by lenders and debt collectors,” Martin J. Mack, the state’s executive deputy attorney general, testified to the Task Force to Expand Access to Civil Legal Services, headed by Chief Judge Jonathan Lippman

[TIMES UNION]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Connected N.Y.C. Lawyers Reap Foreclosure Benefits

Connected N.Y.C. Lawyers Reap Foreclosure Benefits


New York Times-

In 2009, a judge in Manhattan had a lucrative appointment to hand out: oversight of a diamond district building that was drifting into foreclosure.

Nearly 600 people in Manhattan had been approved for such work. But the job went to a lawyer named Mark D. Lebow, who is the husband of Patricia E. Harris, Mayor Michael R. Bloomberg’s most trusted aide.

Since then, Mr. Lebow has earned $352,000 in fees, more than $5,000 a week, according to court records.

[…]

When a building goes into foreclosure, a judge appoints a lawyer as a receiver who acts a property’s temporary landlord during the process. Receivers are entitled to fees that typically amount to 5 percent of a property’s revenues. Judges can award less than 5 percent, but usually do not.

Continue reading [NYT]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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TEMPORARY RESTRAINING ORDER (TRO) & INJUNCTIONS BY FORECLOSURE

TEMPORARY RESTRAINING ORDER (TRO) & INJUNCTIONS BY FORECLOSURE


Legal information is NOT legal advice. The material or information herein should NOT be taken as legal advice and is NOT a substitute for the assistance of a licensed advisor. I AM NOT AN ATTORNEY.

If you are facing foreclosure or have a sale date pending and you have proper legal grounds to challenge the foreclosure etc., there is a handful of strategies. You may be able to get a Temporary Restraining Order (TRO) and eventually a Preliminary Injunction.

Hopefully, there is valid grounds to halt the foreclosure sale.

Do however, be cautious NOT to file a lawsuit to simply try to delay, look at the options you have:

Do NOT go with the mind set you are going to get a free and clear house.

Do your research before shot gunning to file a Quiet Title. Again, what are the requirements in order to have this ground? This might fire back at you.

If you are not certain of what to do next contact a knowledgeable foreclosure defense attorney. I made a list of what to look for before choosing an Attorney who understands foreclosure defense.

[ipaper docId=30727439 access_key=key-si3seeiaeqhgidqv9yh height=600 width=600 /]

Disclaimer: The information herein should not be taken as legal advice and is not a substitute for the assistance of a licensed advisor. I AM NOT AN ATTORNEY.

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in foreclosure, foreclosure fraud, foreclosures, lawsuit, quiet title, tila, TRO, truth in lending act, ViolationsComments (0)


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