$40 Million Dollar Mortgage Fraud Scheme

As reported in the Miami Herald by Toluse Olorunnipa, “Twenty South Floridians have been charged with participating in a $40 million mortgage fraud scheme, according to an indictment released Thursday by U.S. District Attorney Wifredo Ferrer.” The scheme allegedly included individuals from nearly every level of the real estate industry — a bank professional, mortgage brokers, a title agent, a home appraiser and several sales agents.
According to the article the indictment charged two individuals for “fraudulently obtaining home equity lines of credit and mortgage loans for homes and condos throughout Miami-Dade County. A Regions Bank manager helped approve the loans.” Many of these transactions involved misrepresenting the essential documents used to determine eligibility for a mortgage loan. Documents evidencing borrowers’ income statements, employment status, personal assets and debts were being falsified by the co-conspirators.

“Even by South Florida fraud standards, today’s prosecution is shocking,” Ferrer said in a statement released by his office. These schemes involved many individuals in the field of real estate and financial institutions. Many of the loans procured in this manner led to the burst of the real estate market, as individuals who really did not qualify for the loan amount being borrowed were granted large loans without proper due diligence from any party involved in the transactions. The banks looked the other way as their loan officers pushed through fraudulent documentation.

The 20 defendants are charged with conspiracy to commit bank fraud, bank fraud and other mortgage fraud charges. If convicted, they face maximum sentences of 30 years in prison on each count.

Dawn of new construction vs. looming shadow inventory

Two recent articles in the Miami Herald show how Miami is a melting pot, not only when it comes to culture, but in regards to its economic status and recovery.  As new construction is set in place, a looming inventory of shadow properties (property not for sale in the market and being held either in foreclosure or already repossessed by lenders) may hinder the boost that the new construction may bring to the real estate market in Miami.

As reported in the Miami Herald “South Florida, with some 200,000 homes […] already owned by lenders or headed for foreclosure, has one of the nation’s largest collections of unseen inventory. The number of shadow homes dwarfs the 30,000 or so that are listed on the active market. Even as prices have shown signs of stability this year, an impending wave of foreclosures threatens to keep real estate values deflated in South Florida and across the country.” As these shadow inventory* continues to rise, the values of homes may continue to fluctuate, and accurate assessments of a property’s value may seem less feasible.

*Shadow inventory can be broken into three categories:
• Properties lenders have repossessed, but have not put up for sale. These homes are referred to as real-estate owned, or REOs.
• Properties caught up in the clogged foreclosure process.
• Properties that are severely delinquent in loan payments — almost certainly headed for foreclosure — but have not yet entered the process.”

Lenders are continuing to hold on to these properties for various reasons, including not wanting to take these properties of their books and hopelessly hoping that the value of these properties would increase to a respective amount that may cover losses incurred through the foreclosure and default of the borrower. With this amount of withholding continues an unrealized market of property that seems to sit there and gather dust. Some property still harbors the borrowers who defaulted on these properties since lenders are not willing to prosecute on the foreclosure and request a final sale. Many of these borrowers have applied and subsequently been denied mortgage loan modifications by the lenders. Instead of accepting loan modifications that would create income for the lender and convert the loan to a performing loan, lenders seem to be content sitting on their properties.

Although lenders have looked for alternatives as the Miami Herald reports, “Given the grim outlook, lenders have begun to consider new alternatives to foreclosure. Short sales have increased this year, and real estate agents say the once-onerous process of selling a home for less than what’s owed on it has become more streamlined.

Banks are also cutting deals with homeowners who agree to hand over the keys to a house, rather than go through a legal battle. In some cases, lenders are forking over wads of cash to convince troubled borrowers to leave their homes amicably[,]” these alternatives dwindle in comparison to the inventory that is still lying dormant and without resolution.

On the other side of town, new and fresh construction may bring new life to the Miami real estate market. New construction in Brickell is sprouting new life in to the market; yet the majority of potential buyers may not be the much needed Miami investors, instead foreign buyers looking to secure their spot in burgeoning Brickell.

As the Miami-Herald reports, “Miami’s first new condo high-rise since the housing bust is set to begin construction next spring, developer Newgard Development Group announced Monday.

Called Brickell House, the $170 million project is part of a new wave of condo towers planned for downtown Miami, which saw development grind to a halt after the building frenzy that lasted from 2003 to 2008.”

The juxtaposition of the rising shadow inventory and new construction seem to embody the economic melting pot that is Miami.  Seemingly, looking to forget about the past real estate market crisis, while trying to build new, bigger and better buildings to attract foreign investors. The formula seems creative – as Miami flourishes from the tourist dollar. But for those who are still struggling to pay or modify their mortgage, the current market is not yet forgotten in the shadows. Instead their best bet may be to post a “For Sale only to Foreign Investors” sign and see if the Brickell strategy pays off.

In my opinion, lenders need to be more realistic with their expectations of these properties. A performing loan makes the lender money, as a non-performing 18 month, litigious property, creates headaches. Although it is refreshing to see that new construction is on the horizon, the shadow inventory that continues to loom may make it harder on the resurrection of the floundering real estate market in Miami.

Eduardo D. Fons, Esq.

SOME FACTS ABOUT A DUI THAT YOU SHOULD KNOW

Driving or actual physical control of a vehicle while impaired by alcoholic beverages, chemicals, or controlled substances can result in various charges.  These offenses vary in severity of punishment, but, except for commercial vehicle cases, require proof that the accused (1) drove or was in actual physical control of a vehicle, (2) was under the influence of an alcoholic beverage, a chemical substance listed in Fla. Stat. 877.111, or a controlled substance listed in Florida Statutes, Chapter 893; and (3) was impaired or had a blood or breath alcohol level of .08 or higher.  Such conduct is unlawful even on private property.  And officers have the authority to make DUI arrests on private property.  David A. Demeres, Florida DUI Handbook (2009-2010 Edition).

Generally, the offense involves the operation of vehicles with motors.  It may however, involve the operation of other vehicles.  A DUI may be committed in or on any device used to transport or draw person or property on a highway, except for those used exclusively on stationary rails or tracks.  This includes bicycles.  On the other hand, the Implied Consent Law, which establishes procedures for securing and testing samples, applies only to motor vehicles or boats.  Thus, one riding a bicycle while impaired may be convicted of DUI, but has not consented to provide a breath or urine sample, and does not face the consequences of refusal.  David A. Demeres, Florida DUI Handbook (2009-2010 Edition).

When you are pulled over for a DUI, you will be asked by the investigating officer to submit to field sobriety tests.  Those tests include the finger to nose, walk-and-turn, one-leg stand, the reciting of the alphabet backwards, horizontal gaze nystagnius test and other physical tests.  YOU HAVE THE RIGHT TO REFUSE THESE TESTS!  Anything you say during a DUI investigation can and likely will be used against you.  Most officers are required to fill out a DUI Detection Evaluation and list the signs of impairment during a DUI investigation.  If you are ever charged with a DUI you will be provided a pamphlet in the Discovery process that will go over the following items:
Initial Observations: while exiting the vehicle the Defendant: was normal, unsteady, staggering, falling, & needs help.

Walk to roadside: while walking to the roadside the Defendant: was normal, unsteady, staggering, & falling, needs held.

Conditions at the scene of your clothing: orderly, clean, torn, disarranged, bloody, & soiled.

Breath:strong odor of alcohol emitting from breath, moderate, faint, & none.

Attitude: polite, cooperative, carefree, talkative, sullen, sarcastic, cocky, insulting & profane.

Color of face: normal, flushed, & pale.

Eyes: normal, bloodshot, & watery in color.

Pupils: normal, dilated, contracted, & unequal.

Poor reaction to light: yes or no.

Speech: good, slurred, mumbled, confused.

Unusual actions: hiccoughing, belching, crying, laughing, & none.

Then the DUI Packet will discuss the conditions at the scene including: the roadway, lighting, traffic, and the area.

As you can see, every single move that you make is being evaluated and recorded by the officer investigating the DUI.  THEREFORE, ANYTHING YOU SAY AND DO WILL LIKELY BE USED AGAINST YOU.

You will be evaluated and your every movement will be used against you at trial when you perform the horizontal gaze nystagnius test, walk and turn, one legged stand, and finger to nose.

There is even a portion in the packet that allows the officer to give his opinion relating to your degree of impairment: extreme, obvious, or slight.

You have the right to refuse a breath test but you are subject to the implied consent statute in the state of Florida.  Basically, any person who accepts the privilege extended by the laws of this state of Florida of operating a motor vehicle within this state shall, by so operating such vehicle, be deemed to have given his or her consent to submit to an approved chemical test or physical test for the purpose of determining the alcoholic content of his or her blood or breath, and to a urinetest for the purpose of detecting the presence of chemical substances or controlled substances if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances.

Your refusal to submit to such a test will result in the suspension of your privilege to operate a commercial motor vehicle for a period of one year for a first refusal or permanently if your driving privilege has been previously suspended as a result of a refusal to submit to such a test.  Your refusal to submit to a chemical, physical, or urine test upon the request of a law enforcement officer shall be admissible into evidence in any criminal proceeding arising out of the DUI offense.

In summary, you have the right to refuse all tests except the requirements of the implied consent law.  However, you may choose to not blow but you will be subject to a mandatory drivers license suspension and the refusal could be used against you at a later proceeding.  This article is written so that each and every one of you know your legal rights and how to exercise those rights.  The best advise I can give you is to not drink and drive, but if you decide to, KNOW YOUR RIGHTS!

Class action certified by Miami Judge Against David J. Stern

A recent article published by the Miami Herald online, explains that the once top lawyer for the banks as it relates to foreclosures has been sued in a class action by it's formers employees for violating labor laws.
This lawsuit was filed as a class action making the potential financial exposure to Mr. Stern very high. However, what's a class action lawsuit one might ask?

A class action lawsuit is a lawsuit in which a group of people can sue together in a single action because there respective claims are very similar to each other. Mr. Sterns lawyers have asserted that the labor laws were not violated as the lay offs were unexpected. Mr. Sterns law firm handled many foreclosures for the banks and had over 100,000 cases that it was handling. After allegations of improper paper work started circulating the banks pulled there cases and the firm started it's lay offs.

24/7 A Law Firm, P.A. Announce the Opening of New Location in Hialeah, Florida.

Hector A. Pena & Eduardo D. Fons of 24/7 A Law Firm, P.A. Announce the Opening of New Location in Hialeah, Florida.

Hector A. Pena, Esq. and Eduardo D. Fons, Esq., of 24/7 a Law Firm, P.A. of Miami, Florida, focusing on commercial and civil litigation, bankruptcy, real estate and contractual disputes, as well as handled cases in banking, insurance, manufacturing, construction, and real estate lien matters. Specific matters include product liability claims, corporate shareholder disputes, and residential foreclosures among others. 

“We have opened our new location in Hialeah to better serve our clients and be more accessible” says Hector A. Pena, Esq. This Location is in Central Hialeah easily reached as its near Okeechobee Blvd (State Road 27) and West 4 Ave, 395 West 10 St. Suite 1, Hialeah Fl 33010. Tel: 305-888-4404

The Hialeah law Firm Location will have the same services as the Kendall, Florida office. 24/7 a Law Firm, services include Traffic Ticket Violation, DUI, Car Accidents, Bankruptcy, Foreclosure Defense, Loan Modifications, Evictions, Real Estate and Commercial Litigation.

247 Law Firm, P.A. Services:

Traffic Tickets Citations	Foreclosure Defense	Real Estate
Car Accidents	Bankruptcy	Evictions Services
Personal Injury	Loan Modification	Commercial Litigation

24/7 A Law Firm, P.A., is a full service law firm visit our website for more information on all our services www.247alawfirm.com . It is our goal to establish and maintain a hands-on approach to legal representation, matching the needs of industry managers and our every growing clientele. We work with our clients to develop policies and procedures which ensure that our client’s goals are met, as well as personalize each step of the legal process to meet our client’s criteria. High standards are set and maintained, while providing legal services at the most professional and efficient level.

http://www.prlog.org/11632695-247-law-firm-pa-announce-new-hialeah-location.html

What if my Florida Driver license is suspended

Having your License suspended can put you at risk of arrest if you are caught driving and affect your driving record and establish a criminal record that may impede employment and revoke immigration status. If your are late in payment on your traffic tickets, a notice to tallahassee to suspend your license within 30 days of no action taken on most traffic violations. If your late in taking action on your citation there is still a chance to take the ticket to court. Even though your late it does not mean you have to agree to a “guilty plea.” Hiring an Attorney to clear your your suspension and help you get a D6 clearance with the state will expedite clearance of your drivers license. If your ticket is more than 60-90 days, this may mean that your license is suspended already and we recommend you take action quickly before the cost of getting your license valid again will be longer and more costly.

Driving with a suspended license knowingly is a criminal infraction and can have serious consequences on your driving record. You can check online to make sure your license is Valid at Florida Drivers Even if you are unaware that your license may be suspended, you may be ticketed under a civil infraction, and it can still affect your license, driving records and insurance rates. It is important that you clear any suspensions in order to assure that your are driving with a valid drivers license.

Check your Florida drivers license online here:
Florida Driver License Check - Florida DMV

Dade county Clerks Office - Traffic Online - Public Search
Browards county clerks office Traffic and Misdemeanor Fine Payments Search
Palm Beach County Clerks - Traffic Violations

If you have an issue in Florida it should come up here, with the information you may get there you may then call an attorney to represent you in the case and be a bit more knowledgeable on your case.

Bankruptcy Eliminates Medical Bills as tuition prices rise.

Bankruptcy Eliminates Medical Bills as tuition prices rise.

A recent article on msnbc.com by Allison Linn reports that the cost of Health Care, although higher than most essential expenses, is being surpassed by the cost of Tuition and Fees to go to College. In 2009 a study revealed that more than 60% of individuals who filed for Bankruptcy protection under Chapter 7 or Chapter 13 of the Bankruptcy Code, filed because they had rising medical bills that could not be covered and fell into default. Out of the 60%, more than 75% of those individuals who filed for Bankruptcy protection under Chapter 7 or Chapter 13 of the Bankruptcy Code, fell into more debt, as they missed payments on their mortgage, maxed out their credit limits on their credit cards, and fell behind on car payments to try to pay off their medical bills. Most of those individuals had medical insurance.

With the high costs of insurance, more and more people live uninsured, or underinsured, and are unfortunately burdened with high medical bills.

Although medical bills can be discharged under the Bankruptcy code, most student loans are exempt from discharge under the Bankruptcy Code.

This may not afford relief to those currently enrolled in college, and as noted by Allison Linn, “The folks at Moody’s Analytics crunched some government numbers and found that the cost of tuition and fees has more than doubled since 2000. That’s a bigger percentage increase than, well, pretty much anything else.”

More importantly as well, “The Moody’s paper notes that student loan balances also have risen steadily in recent years, leaving many students starting out their careers with a hefty chunk of money to pay off.”

All in all, treating ones illness is as essential as obtaining a good education. Although there is more leeway in trying to resolve the costs associated with getting in a healthier state than paying back student or education loan obligations.

As these essential expenses rise, and the economy fails to rise with it, more people are left wondering what is their way out. Filing for bankruptcy may be a very viable option for the individuals who are left with no money to pay off their medical bills, due to high tuition costs, high mortgage payments, or high car payments. Filing for Chapter 7 or Chapter 13 Bankruptcy to eliminate debt other that student loans, may free up needed funds, for one to continue making payments on their student and education loan obligations, as well as free up necessary funds to pursue an education and degree.

More Bankruptcies by Woman then Men

By: Eduardo D. Fons, Esq.

More Bankruptcies by Women then men says Orlando Sentinel.

Women are seeking debt and credit counseling more than Men, according to Credit Counselors, as reported in a recent article in the Orlando Sentinel.

Part of the credit counseling may include debt consolidations plans, lump sum settlements, and possibly Bankruptcy. 

The Orlando Sentinel article reports that:

"Women top men by a wide margin in Florida when it comes to getting professional help for debt problems, according to new figures from some credit-counseling operations that have clients throughout the state.

From single mothers and divorcées to those who became family breadwinners when their husbands lost their jobs in the recession, women have outnumbered men in the credit-counseling line for much of the past decade, the agencies say. ...Many of the women we see are heads of household, trying to pay off debt, keep their heads above water, maintain the house, raise children and — oh, by the way, work, too — all at the same time," said Richard Schram, the agency's top executive. "That puts tremendous pressure on them."

That pressure, while apparently around for years, intensified during the 2007-09 recession, which wiped out 4 million jobs in the historically male construction industry alone. Such massive job losses among men created a new generation of female breadwinners, with all the accompanying financial stress.”

Statewide, more than 870,000 family households were led by single women in 2009, a 14.6 percent increase from 2000 and nearly three times the number of family households led by single men, according to the latest U.S. census data. With the economic instability that engulfed many households in late 2007 until now, household income decreased while expenses may have increased.”

Although Women may be more apt to confront the issues the household may have with debt control, under the Bankruptcy Code, all income coming into the household must be considered if one is deciding to file for protection under Chapter 7 or Chapter 13 of the Bankruptcy Code. 

For the Women led households, that means one income to consider if the spouse is unemployed, or the household consists of only one income grossing individual. Women and men dealing with debt issues may have to ultimately consider filing for protection under Chapter 7 or Chapter 13 of the Bankruptcy Code if debt and credit counseling outside Bankruptcy does not afford a viable solution.

247 A LAW FIRM, P.A.

Eduardo D. Fons, Esq.

Hector A Pena, Esq.

24/7 A Law Firm, P.A., is a full service law firm. It is our goal to establish and maintain a hands-on approach to legal representation, matching the needs of industry managers and our every growing clientele. We work with our clients to develop policies and procedures which ensure that our client’s goals are met, as well as personalize each step of the legal process to meet our client’s criteria High standards are set and maintained, while providing legal services at the most professional and efficient level.

247 Law Firm, P.A. Services:

Miami Traffic Tickets
Foreclosure
Real Estate
Car Accidents
Bankruptcy
Evictions
Loan Modification
Commercial Litigation


Our attorneys, Hector A. Pena, Esq. and Eduardo D. Fons, Esq., have an excellent record of developing innovative programs to help clients. In addition to the practical aspects of representation, we also maintain an active interest in the academic aspects of our work. All of our attorneys exceed the Florida Bar continuing legal education requirements. We maintain clear focus on the changes in the law that pertains to the aspects of law that our firm deals with and its effects on our clientele.

Hector A. Pena, Esq., Attorney Pena graduated law school in 2006, he attended Saint Thomas University in Miami, Florida. Mr. Pena, attended Florida International University where he obtained his Bachelor of Science in Criminal Justice, he was awarded the distinction of Magne Cume Laude at graduation. He has worked drafting and arguing legal memoranda and pleadings, trial and appellate briefs as well as appellate argument in front of the Third District Court of Appeals for Miami- Dade County Florida and 11th circuit court of appeals  for the Southern District of Florida. Also Mr. Pena has been involved in case development related to civil litigation and pre- litigation, document preparation and trial preparation, legal research, contract dispute and negotiation, commercial contract enforcement, class action litigation.

RECENT MATTERS

Successful appeal against LaSalle Bank National Association,  Washington L. Sanchez, Appellant, vs.
LaSalle Bank National Association, etc., Appellee.
Wrote appellate brief against Ocean-Yachts, Inc.,  Ocean-Yachts, Inc., a New Jersey Corporation, Appellant, vs. Florida Yachts International, Inc., a Florida Corporation, Appellee.
 Successfully, has defended consumers in matters concerning real estate litigation.

BUSINESS LITIGATION

Mr. Pena has experience in general commercial litigation. In addition to his special focus on the real estate and contractual disputes, he has handled cases in banking, insurance, manufacturing, construction, and real estate lien matters. Specific matters include product liability claims, corporate shareholder disputes, and residential foreclosures among others.


Eduardo D. Fons, Esq. Attorney Fons graduated from Atlanta’s John Marshall Law School. While at John Marshall, Mr. Fons was part of the John Marshall Mock Trial team, and graduated in the top ten (10) percent of his class.  Mr. Fons, attended Florida International University where he obtained his Bachelor of Arts in English, and minored in Finance. He became a member of the Florida bar after graduation. He has worked drafting and arguing legal memoranda, pleadings, and trial for courts located in  Miami-Dade, Broward and West Palm Beach County Florida. Also Mr. Fons has been involved in case development related to civil litigation and pre-litigation, document preparation and trial preparation, legal research, contract dispute and negotiation,  and commercial contract enforcement. Mr. Fons has had vast experience in Bankruptcy cases, preparing Chapter 7 and Chapter 13 cases, attending 341 Meetings, and participating in Adversary Proceedings. Mr. Fons is licensed to practice in the United States Bankruptcy Court for the Southern District of Florida, as well as the United State Southern District of Florida. Alongside Mr. Hector A. Pena, Mr. Fons is a founding member of 24/7 A Law Firm, P.A., focusing his practice on Bankruptcy, Commercial and Civil Litigation.

We are confident that we can provide the highest standard of legal representation and provide an exceptional level of service to our Clients. For more information please visit our Website www.247alawfirm.com or send us an email to info@247alawfirm.com