For the past few weeks, there have been far too many reports that indicated banks with fraudulent mortgage documentation were going to get away with a rap on the knuckles. Looks like at least one state attorney general isn't going along with that plan:
In two letters released Friday, Attorney General Richard Cordray criticized a number of banks and loan-servicing companies, including Wells Fargo & Co.; Ally Financial Inc.'s GMAC Mortgage; Bank of America Corp.; and J.P. Morgan Chase & Co. Mr. Cordray said the banks are trying to paper over fraud committed in foreclosures with temporary fixes that don't address underlying problems in the banks' practices.
"It is not acceptable for a party who believes they submitted false court documents to merely replace those documents. Wells Fargo and any other banks are not simply allowed a 'do-over,' " he wrote in the letter to Wells. The other letter was sent to Ohio judges, who were asked to notify Mr. Cordray when banks file substitute affidavits.
He demanded that the banks vacate any court order or motion that was based on improper paperwork. In an interview Friday, Mr. Cordray said the banks would "be well-served to work out a settlement with the borrowers to modify the loans and work out payments."
..."The banks are committing fraud on the court, essentially perjury, and then saying 'Whoops! You caught me! Here's some different evidence and use that instead,' " Mr. Cordray said in an interview Friday. "I know a lot of judges are not going to take kindly to that."
Sunday, October 31, 2010
Ohio AG: No Foreclosure 'Do-Overs' For Banks
Yusuf (Cat Stevens), Jon Stewart, Stephen Colbert and Ozzy Osbourne...
Wise Law Blog - Best Law Blog - 3rd Place in 2010 Canadian Blog Awards
Friday, October 29, 2010
Ontario Family Law: Court of Appeal Rules Superior Court Judges May Request, But Not Order, Children's Lawyer Involvement
The Office of the Children's Lawyer is a law office in the Ministry of the Attorney General which delivers programs in the administration of justice on behalf of children under the age of 18 with respect to their personal and property rights. Lawyers within the office represent children in various areas of law including child custody and access disputes, child protection proceedings, estate matters and civil litigation. Clinical investigators prepare reports for the court in custody/access proceedings and may assist lawyers who are representing children in such matters.
[4] The OCL submits that the Superior Court judge who made the six orders from which appeal is taken exceeded his jurisdiction and erred in invoking the parens patriae jurisdiction of the Superior Court. The Superior Court judge ought to have requested a legal representative pursuant to s. 89(3.1) or a social work report from the OCL pursuant to s. 112 of the CJA and, if that request was refused, asked the OCL to reconsider its refusal or to consider other alternatives. The OCL’s position is further that the Superior Court judge could only invoke the court’s parens patriae jurisdiction to fill a legislative gap which, the OCL submits, does not exist in light of ss. 89(3.1) and 112 of the CJA. Thus, the judge could not order the OCL to act.
[5] Even if the court had the power to exercise its parens patriae jurisdiction, the OCL submits that that jurisdiction ought not to be exercised as, to do so, would open the “floodgates” and the OCL would be unable to function properly. At the oral hearing before us, the OCL sought leave to introduce fresh evidence in the form of an affidavit by Ms. Denal Moyal, the Legal Director of the Personal Rights Department and acting Children’s Lawyer at the time. The intervener, Justice for Children and Youth (JFCY) consented to the affidavit being filed as fresh evidence. In her affidavit, Ms. Moyal deposed that between April 1, 2009 and August 25, 2010, the OCL received 5,548 referrals from judges across Ontario. Of those, 1,873 were from the Ontario Court of Justice and 3,673 were from the Ontario Superior Court of Justice. Five hundred and eighty-two of the 5,548 referrals came from judges sitting in Northern Ontario. Sixty-eight per cent of these orders were made by Ontario Court of Justice judges. During this same period, the OCL accepted a total of 3,432 cases across Ontario. Based on this affidavit, the thrust of the OCL’s argument appears to be that if Superior Court judges do have parens patriae jurisdiction and exercise it in the manner the Superior Court judge has done in these cases, the OCL would be ordered to act in so many cases that it would no longer be able to meet the requests made by Ontario Court of Justice judges, (who do not have parens patriae jurisdiction) particularly those in Northern Ontario.
[79] These appeals did not require the court to engage in a theoretical discussion about whether the Superior Court’s parens patriae power could be used to order the OCL to act. Assuming, without deciding, that Superior Court judges can, in the appropriate circumstances, exercise their parens patriae jurisdiction to order the OCL to act, that jurisdiction ought not to have been exercised in these six appeals. The Superior Court judge ought to have respected the structure of ss. 89 (3.1) and 112 in the CJA, which give the OCL discretion in considering requests for their involvement. He ought not to have circumvented the existing statutory structure for engaging the OCL. Prior to exercising his parens patriae jurisdiction to make an order, it was incumbent on the Superior Court judge to consider and avail himself of the other available avenues for assistance that were responsive to the specific factual problems before him.
Accordingly, I would allow the appeals in the manner indicated.
This Week In The Ontario Court of Appeal: 10-10-29
Toronto Grocer Not Guilty
The judge in the case ruled that the hour delay did not constitute two separate thefts, but one continuous attempt to steal. However, Justice Ramez Khawly also said there were problems with the testimony given by Chen and his co-accused, saying their statements appeared to contain many omissions, and it was difficult to find a reasonable chain of events.
140Law - Legal Headlines for October 29, 2010
Here are today's leading legal headlines from Wise Law on Twitter.
- Surrender a stickhandle for James? - Winnipeg Free Press http://is.gd/grr3q
- The Torture of Omar Khadr - Ottawa Citizen - http://bit.ly/964Xb3
- Verdict on Friday - End the farce! Chinatown grocer must be acquitted Michele Mandel Toronto Sun: http://bit.ly/aulYA5
- Teen's Scary Fog Machine Suit Spooks Haunted House http://is.gd/gpKAr
- Khadr's Charter rights left by the wayside - Victoria Times Colonist http://is.gd/gpKvX
- Warning: "Firesheep" app allows hackers to access Facebook, Twitter accounts, via public wi-fi http://t.co/ytS1vvR
- Judge Requires Racial, Gender “Diversity” in Class Counsel http://is.gd/gpIYk
- Survey: Judges Split on Their Use of Social Media http://is.gd/gpHHb
- On Justice Thomas and the Supreme Court’s Strange Recusal Process http://is.gd/gpHuH
- New York Judge Continues Unusual Push For Diversity http://is.gd/gpHnq
- WikiLeaks Documents Confirm Pentagon Knew of Civilian Death Toll and Torture in Iraq http://is.gd/gpHm8
- Billing Targets: Are They Driving Women Lawyers Out of the Profession? http://is.gd/gpHki
- Nestle Fired Law Firm Over Poached Secretary Incident http://is.gd/gpGxC
- The Failure of the Lawyers’ Cartel http://is.gd/gpGvU
- Prosecutors Blast Ex-DA in ‘Nightmare’ Case of Innocent Man Jailed 18 Years http://is.gd/gpFZN
- A Case That’s Actually About Falsely Shouting Fire (Almost) http://is.gd/gpFZ0
- How Toronto voted in the mayoral election http://is.gd/gpFWJ
- Referring to Former Boss as Slimebag Does Not Constitute Disparagement, At Least in Ohio http://is.gd/gpFQr
- FarmVille Playing Mom Admits She Killed Infant Who Interrupted Facebook Game - CBS News http://is.gd/gpF6X
- Supreme Court to consider 'two beer' defence - Toronto Star http://is.gd/gpETh
- Chretien satisfied by ruling against sponsorship judge http://is.gd/gpEQp
Want Fries With That?
A Brazilian court ruled this week that McDonald's must pay a former franchise manager $17,500 because he gained 65 pounds while working there for a dozen years.
The 32-year-old man said he felt forced to sample the food each day to ensure quality standards remained high, because McDonald's hired "mystery clients" to randomly visit restaurants and report on the food, service and cleanliness.
Ontario Employment Law: More on "Wilful Misconduct" under the Employment Standards Act
The company conducted no investigation after Mr. McCaw’s revelation to Ms. Fleury. No one asked for Ms. Abdi’s side of the story before the decision to terminate her was taken and communicated to her. She was not even afforded an opportunity to speak prior to being told by Ms. Lalonde that she was dismissed. The termination letter’s message to Ms. Abdi is clear: She was not entitled to termination pay (or any other compensation) because, despite all previous discipline, she consciously decided to alter her work schedule without approval. The company arrived at its conclusion of deliberate misconduct based solely on Mr. McCaw’s assertion that Ms. Abdi swiped her card at 7:30 a.m. Ms. Abdi testified unequivocally that Ms. McCaw had given her permission to commence her shift early on the day in question. Mr. McCaw chose not to testify as to whether he had given Ms. Abdi the authorization to reschedule her shift.
As such, the employer could not avoid its obligation to pay Ms. Abdi the termination pay to which she was entitled under the Employment Standards Act. A company must fully investigate allegations of misconduct where it intends to rely on those allegations as grounds wiful misconduct justifying termination without notice.
Thursday, October 28, 2010
Toronto Mayor-Elect Rob Ford's "Distracted" CBC Radio Interview
Judge: Keep it Short 'n Sweet (The Rules You Must Meet)
An attorney filed a 465 page complaint (including an 8 page title!) in a Washington state federal district court against defendant GMAC Mortgage, et al. whom, not surprisingly, responded with a Motion for a More Definite Statement. ...[T]he judge ended his order with the following rhyme:
Plaintiff has a great deal to say,
But it seems he skipped Rule 8(a),
His Complaint is too long,
Which renders it wrong,
Please re-write and re-file today....You can read Judge Leighton's full order here.
140Law - Legal Headlines for October 28, 2010
- The legal issues raised by blogging http://is.gd/go5o6
- Workplace Law as Information Law, Part I – Information Governance Versus Personal Use http://is.gd/go4m1
- Dailey: "Children's Constitutional Rights" http://is.gd/go45r
- Program allows easy hacking of Facebook, Twitter - CTV.ca http://is.gd/go3Hs
- Christine O'Donnell threatened to sue radio station (Andy Barr/The Politico) http://is.gd/go3wq
- Deal Could Set Al Qaeda Murderer Free in 2 Years http://is.gd/go3um
- Conrad Black hints at return to media ownership http://is.gd/go3iq
- Facebook Is Fastest Social Network, LinkedIn Most Reliable - PC World http://is.gd/go3ff
- Actor Randy Quaid and wife released http://is.gd/go2Xu
- Khadr should be returned to Canada: UN official http://is.gd/go2Xo
- Ex-hockey coach Graham James arrested - CBC.cahttp://is.gd/go2W5
- U.S. travel rules make waves across the pond http://is.gd/go2SU
- Court asked for reduced sentence to save jail costshttp://is.gd/go2J3
- Judge Refuses to Nullify Blagojevich Conviction http://is.gd/go2oD
- Appeals Courts Criticize Child Porn Sentencing Guidelineshttp://is.gd/go2o2
- Obama says he's evolving on gay marriage (Josh Gerstein/The Politico) http://is.gd/go2is
- Overtime key issue - Montreal Gazette http://is.gd/go1NT
- Oprah sued for plagiarism by author of booklet http://is.gd/go1Ms
- Rove: Palin lacks 'gravitas' for 2012 run http://is.gd/go1Aw
- Federal Judge Shuts Down LimeWire, Says P2P Site Aided ‘Massive’ Infringement http://is.gd/go1rP
- Ontario court awards $455.7 million following a common issues trial - Lexology (registration) http://is.gd/gmMmy
- Justice Ginsburg Says Nine Women on Supreme Court Would Be Enough http://is.gd/gmKET
Scary Copyright
Your Thursday Funny
Obama Meets with Leading U.S. Progressive Bloggers
THE PRESIDENT: I thank you guys for coming in. Obviously a huge part of my base reads you guys, cares about what you do. The staff does as well. I think that what the blogosphere has done is to create a conversation that encourages activism across our citizenry, and I think that’s absolutely crucial.We benefit from the constructive feedback and criticism that we get, and it helps hold us accountable. But you guys obviously have also done a great job holding the mainstream press accountable, and that’s really important to us.So I’m glad that I’ve got time to sit down with you guys. This is completely open, so you guys can take it wherever you want. And what I’ll do is I’ll just go down the line, everybody gets a question, and then we can just mix it up. How does that sound?
Wednesday, October 27, 2010
140Law - Legal Headlines for October 27, 2010
- Holocaust survivors ask EU to help with Vatican looting claims http://is.gd/gm6Ud
- School district ordered to pay legal fees for lesbian student http://is.gd/gm6EC
- Gamete offspring have 'right to know' biological parents - Vancouver Sun http://is.gd/gm63u
- Taxpayers to pay $1.2 million in severance for politicians - Toronto Star http://is.gd/glrIj
- What a goal by Kessel!!! #leafs
- Overtime Class-Action News http://is.gd/glkrL
- Choice of Law http://is.gd/glkkO
- MySpace joins Facebook in info-sharing shame -ComputerWeekly.com http://is.gd/glkjb
- The ultimate poke: Judge allows service via Facebook - Financial Post http://is.gd/glk6N
- Man in judge controversy fights to save lawsuit http://is.gd/gljF9
- Court dismisses Alan Keyes’ ‘birther’ lawsuit http://is.gd/gljtQ
- Federal Judge: Purchases Made From Amazon Free From Government Oversight http://is.gd/gljc4
- What Google's Street View breach means for your privacy http://is.gd/glj8r
- Feds lose Chrétien sponsorship appeal; lawyer says former PM 'happy' with ruling - Toronto Star http://is.gd/glj0V
- Judge: Free speech protects Amazon buyers' data http://is.gd/gliSN