A Growing Problem Mortgage Fraud
December 20, 2009 | Leave a Comment
Mortgage fraud is a growing problem throughout the United States. You want you the equity in your home to be more than the loan on your property. With the boom in the housing market there are those who will try to take advantage of this situation and try to get a quick profit. Here are some mortgage fraud schemes you should be aware of.
The first is property flipping. This is when land is bought, wrongly appraised for a higher dollar value and then sold fast. The false appraisal information is what makes this kind of property flipping illegal. The illegal practice involves usually the following: fraudulent property appraisals, loan documents that have been doctored, inflating the income of the buyer, buyer kickbacks and kickbacks to investors, and property or loan brokers, and appraisers and to those who are working for the title companies.
For instance a house worth $30,000 may be appraised for $90,000 or more in this illegal practice. Then there is what is known as the silent second. This is where a buyer of land borrows the money for a down payment from the seller by the issuance of a second mortgage that is not disclosed. The primary money lender thinks the person borrowing is investing her own funds in the down payment.
But the fact is the funds are borrowed. The second might not be legally recorded so that the primary money lender does not know about it. Then there is the nominee loans; straw buyers. This is where the identity of the borrower is hidden and a nominee lets the borrower use his or her name and his or her credit report in the loan application.
There is also a stolen identity issue which may be put on the application. The applicant possibly is involved in an identity theft scam where the real person does not know his name, personal information, and credit history is being used on a loan application.
Then there is the inflated appraisal where the appraiser is colluding with the borrower and submits an appraisal to mislead the money lender. The appraisers report falsely reports the property inflated value. In a foreclosure scheme the wrong doer targets homeowners who might default on home loans or those already in the foreclosure process.
Wrong doers trick the homeowner telling him or her they can save their house if they transfer the deed and pay up front costs. The wrong doer makes money from these tricks by remortgaging the land or taking the money paid by the owner of the house. The three most common foreclosure scams are the phantom help, the bust out and the bait and switch.
In equity skimming an investor may utilize a straw buyer. Then use misleading income verification records, and misleading credit history reports to get a mortgage loan in the name of the straw buyer. Before the escrow close the straw buyer signs the land to the investor by quit claim deed giving over all property rights and gives no title guaranty. The investor makes no loan payments and leases out the land until the foreclosure happens many months later.
Having a well experienced criminal lawyer Fort Lauderdale is greatly beneficial to the case. A Fort Lauderdale criminal attorney will use their expertise to fight for your welfare, guaranteeing the best possible outcomes.
Litigation Support Services - (what Is This) Help For The Trial Attorney
December 20, 2009 | Leave a Comment
Litigation support services - (What is this) help for the trial attorney is here. If you are a trial attorney you know how complex this field of law has become. Yes many cases do not reach the trial stage. Many cases are settled out of court. Many cases are handled in dispute resolution. But many cases still get in front of the jury. And that is where litigation services can help.
Are society is fascinated by the courtroom trial. They are part of many television shows and many movies. Jury trials make for great drama on the big screen or on the TV. We love to see a witness broken down by the bastion of justice the honest lawyer who is trying to ring out the truth from the witness. The witness finally breaks down during the cross examination and the person on trial unjustly accused is free because his lawyer stood up for the principles of truth and justice.
Today in real life court you will have a better chance of winning if you present your case in video rather than audio testimony. One way litigation support services can help your case is putting together video testimony that will help support or explain your case. If your client was hit by a car while he was crossing the street you can better prove this when you can show a video reconstruction of the incident. Litigation support services have experts in video technology who can do this for your case.
Let us face reality the modern jury is made up of people who watch television, who like movies with special effects, and who go to the internet and watch videos demonstrating everything from how to install a dishwasher to how to cook lasagna. People, even members of juries want to see a video. Litigation support services have experts in video creation.
Litigation support services are also experts at putting together animation videos. Let us say you have a medical malpractice case. You want to demonstrate what the medical procedure does, what it was supposed to do, and what went wrong. You easily make your case when the jury sees the medical procedure in animation. And in malpractice litigation you will need an expert witness. You can rely on litigation support services to provide the expert witness that will perform well under questioning.
Most experts do well under direct. But they fail you sometimes under cross examination. You need a litigation support service to provide experts who will hold up under tough cross examination. You do not want all your time and money you spent on one expert witness to be wasted.
Some lawyers think that all they need to film a deposition is a video camera and a charged battery. Then after they realize that there is no audio on the tape they wish they hired a professional You want to look at litigation support services for all your video recording needs. Most services even keep a back up of your videos like your depositions in their archives.
You need today in this complicated practice of law a litigation support service on your team. Look one up today.
Our superior court reporting service maintains most stringent guidelines and guarantees that our court reporters and litigation support services are certified and skilled in the latest technologies. For more information on litigation support, please visit us.
I Don’t Want To Be A Criminal Attorney Afterall
November 17, 2009 | Leave a Comment
I grew up wanting to be a criminal attorney. I changed my mind after my first DUI case. I went to a small unaccredited law school. This meant I could take the bar exam but I would not have the job offers graduates from ABA accredited schools would get. But that was all right. I figured I would break into criminal law somehow.
One of the drawbacks to going to a small non accredited school was limited job opportunities once I was ready to look for a law job. No large corporate law firm came to our campus located in an office building recruiting for entry level associates. But that was all right with me, I simply wanted to be able to take the bar. I would worry about finding work later.
Government work is the best place to get criminal law experience. Really, it is the only place. Most if not all criminal law lawyers in private practice worked for the district attorney office or the public defender to begin. But most if not all of those jobs go to graduates or ABA schools. But I was able to get an interview with the county I lived in. There was a state wide hiring freeze because of budget shortages. But it was lifted for one position in the county public defenders office. I got 88 out of 100 in the interview. I knew this was not high enough with all the competition for one job opening.
Three days later I got a letter explaining the hiring freeze was back on. The position was not even filled before the freeze was on again. The next day I enrolled in a course on DUI law practice. I had not gone to school to defend drunk drivers but it was a part of criminal law.
I put a small advertisement in the local shopper offering my services to those who needed help with their DUI charge. My phone rang non-stop it seemed for three days. I went to court the following week with my first client in the court house across the street from where I had graduated from college. I had never been in one of the court rooms I thought as I was parking my car.
There was really no defense for my client. His alcohol blood level was above the legal limit. The cop stopped him as he was driving out of the driveway of the bar he had been drinking in all night. But as my instructor said some people like a lawyer to hold their hand as they are going through the process. That was my role that morning, hand holder.
Once done, the bailiff looked me up and down turned her nose up and walked away. I asked the deputy district attorney to confirm the charge against my client and asked her the sentence the state would agree to. I learned to do this in class. She rearranged her papers and without looking my way said I will learn when the judge started the case.
I was however treated politely by the female judge. I think she must have come up from the ranks of the public defenders office and knew what it was like dealing with bailiffs and deputy district attorneys. My client received the minimum penalty for his offense. His drivers license was suspended for one year. But I was able to get him to drive legally to and from and at work since his job required him to drive. But I decided that would be my only criminal case. As a criminal attorney one has to learn to be treated like the client he represents. That might be fine for some lawyers. But not this one.
Having a well experienced criminal lawyer Fort Lauderdale is greatly beneficial to the case. A Fort Lauderdale criminal attorney will use their expertise to fight for your welfare, guaranteeing the best possible outcomes.
Factors to Notice When a Crime Occurs
November 6, 2009 | Leave a Comment
Witnessing or being a victim of crime can be a very traumatic experience. If one witnesses a crime, it is important to make a note of the details of the crime scene and even the criminal act. This will ensure that the accused gets a fair trial and legitimate evidence is submitted at trial. Because there is so much crime taking place everyday across the country, it is important to be prepared in the event that you suddenly find yourself a witness to a crime.
Some factors to notice when a crime occurs include:
1. Physical Description of the Suspect: If you actually see the perpetrator of the crime, you should make a note of his or hers physical appearance. This includes the height, ethnicity, gender, weight, and any unusual way of running or walking. You should also make note of the clothing and any unique characteristics such as a logo, particular word, sports team name..etc. Are the clothes casual, formal, dirty, torn, bloody..etc? The facial features are also important and include complexion, hair color, eye color, hair length, body hair..etc. As well, note any unusual traits such as tattoos, piercings, unusual hair cut, deformities, scars..etc. As well, note if there is more than one suspect and try to remember their features.
2. Voice Recognition: Note any accent or speech characteristics such as slurring, stuttering..etc. Does the perpetrator have a deep voice or high voice? Is the voice gruff, wheezy, or shrill?
3. Accessories: Did the perpetrator have a gun, bag, umbrella, knife, tire iron, baseball bat, or carrying an object such as item that could have been stolen.
4. Familiarity of the Suspect: If the suspect seems familiar, think about where you have been recently and who you have seen them. This can include: mall, retail store, school, department store, supermarket…etc. If possible, get the suspect’s car license plate number.
5. Damaged Items: Note any damage that you see around the crime scene such as vandalized cars, broken windows, open door or smashed open door, open cash register, items spilled over the floor..etc.
If you witness a crime, immediately call 911. Provide as much information as you can over the phone as a recording will be made. Try to be detailed. After you thoroughly look around the crime scene without contaminating it, write down everything you see and remember about the crime. As well, do not talk to other witnesses as it can confuse what you observed. One other thing you can do if you don’t have a pen and paper is to call your voice messaging service and record everything you remember about the crime.
When observing a crime or a crime that just taken place, it is important to be as accurate as possible when giving details to the police officers. This will make things a lot easier if you have to give testimony in a criminal trial for the court reporter to record. To be a reliable witness, your testimony will have to be consistent. Whatever you do, make sure you do not contaminate the crime scene or become involved in a situation that is dangerous.
Our superior court reporting service maintains most stringent guidelines and guarantees that our court reporters and litigation support services are certified and skilled in the latest technologies - from real-time reporting to streaming video via remote Internet access.
How To Become A Legal Videographer
October 23, 2009 | Leave a Comment
Advancements in technology have made criminal investigations much more efficient and effective. As well, there have been significant increases in a variety of technological jobs in the justice system. One such career is a legal videographer. This career is also known as a forensic videographer, court videographer, or video court reporter, is responsible for using multimedia equipment to record digital images and video for court cases, recording evidence at crime scenes, enhancing poor quality analog and digital images, assessing the validity of video, and recording court trials. They are also involved with recording contracts, wills, and reconstructing incidents such as accident scenes. This professional produces legal video, forensic video, and courtroom video evidence. The practice is also referred to as forensic videography, legal videography, and court videography.
There are number of steps one can take to become a legal videographer that include:
Experience: Experience is essential to obtaining a career in legal videography. You should work or volunteer helping others You can also practice by making your own compilation of videos such as short films or documentaries. As well, you can take training workshops taught by professional videographers. Ask other colleages for advice about gaining experience. One may even offer you the chance volunteer with him or her.
Education: Currently it is not compulsory to have a degree in videography, but it would give you a competitive edge to have completed courses in videography, forensics and criminal justice. It is important to have some type of education background in videography and criminal justice. There are videography programs available at a number of trade schools. You will learn all about videography such as the process of editing.
Acquire videography Equipment: If you are working with a videographer or taking a videography program, you will need such equipment as film or digital video-camera, a tripod, hand-held lights, monitors, editing equipment, and other video camera gear. With a digital video camera, there is excellent software on the market that allows for editing.
Certification: The American Guild of Certified Videographers states that “a certified professional is not only better equipped to handle jobs once he starts working, but is also in a better position as far as marketing.” Becoming a Certified Legal Videographer is not a complicated endeavor. The types of certification available include: Certified Deposition Video Specialist, Certified Video Documentary Specialist, Certified Court Video Specialist (certified to do both video depositions and settlement documentaries,) Certified Legal Video Instructor (certified to instruct and validate other videographers,) and a Certified Senior Court Videographer. It is recommended that you obtain a combination of certificates.
This career is fast becoming an indispensable part of the criminal justice system. Career options are increasing across the country. There is also a shortage of professionally-trained which makes this career a great choice.
The services of are expected to increase in demand. A career in legal videography is an exciting and fascinating field for anyone who has a passion to work in the justice system.
Court reporting provides a broad selection of reporting as well as document & case management services to the legal industry, we continually set the standard for court reporter.
Legal Precedents Set In Florida
September 16, 2009 | Leave a Comment
The Supreme Court of the State of Florida has a long history of legislation and setting legal precedents. The following are a few highlights of legal precedents set in Florida:
1. Recently, in the case of a 14-year-old boy killed in an ATV racing accident, the Florida Supreme Court ruled 4 to 1 in favor of the boy’s parents who sued the ATV Park operator for their child’s death. Justice Harry Lee Anstead wrote in the majority opinion “Florida’s children and parents need not worry, after today’s decision, that careless commercial operators may be immunized from their carelessness by the presence of an exculpatory clause in a ticket for admission.”
2. In September of 2008, a proposed constitutional amendment in Florida which could have resulted in a serious battle over taxing business services such as advertising was thrown off the November ballot by a unanimous decision of the Florida Supreme Court yesterday. In April, the Florida Taxation and Budget Reform Commission approved a proposed constitutional amendment to significantly overhaul the way the State pays for schools - Amendment 5. The proposed amendment directed the legislature to choose among one or more of four options for making up the lost revenue: “(1) repealing sales tax exemptions “which are determined not to advance or serve a public purpose;” (2) increasing the current sales tax rate by one percent; (3) spending cuts in other state programs; and (4) “other revenues identified or created by the legislature.”
3 In October 2008, the Florida Supreme Court announced its final ruling in Murray v. Mariners Health/ACE USA, reinstating hourly attorneys’ fees in workers compensation cases.
4. In January, 2006, the Florida Supreme Court denied the state of Florida the ability to fund private schools with taxpayer money in their Decision on Opportunity Scholarships. “As the dissent and the First District Court of Appeal stated, ‘Nothing in Article IX, Section 1 clearly prohibits the Legislature from allowing the well-delineated use of public funds for private school education, particularly in circumstances where the Legislature finds such use is necessary.’ It marks the first time the Florida Supreme Court has struck an educational program only because private schools participate equally in it.
5. In 2006, the Supreme Court struck down a law passed by the Florida legislature that had created the United States’ first state-wide education voucher program.
6. In Engle v. Liggett Group, the Supreme Court of Florida ordered decertification of a class action lawsuit against big tobacco companies that effectively reversed the largest punitive damage jury award, $145 billion, in U.S. history.
7. In 2004, the court struck down a piece of legislation from the Florida legislature designed to reverse a lower court decision in the Terri Schiavo case.
8. In the 2000 presidential election controversy, the Supreme Court of the United States overturned the Florida Supreme Court after it had ordered a statewide recount.
9. In 1999, a dissenting opinion by one of the Justices sparked a world-wide debate over the use of Florida’s electric chair, which may have led to events that caused the Florida Legislature to adopt lethal injection as the state’s method of execution only a few months later.
These are just a few of the legal precedents state set in Florida. It will be interesting to see what future precedents will be set in Florida.
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