| Volume 120 Number 4 |
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The People’s Lawyer’s Tip of the Day
Today, cyber crime is a big deal. If you think you have been a victim of Internet crime, the FBI wants to hear from you. Click on the link to file a complaint. Click here for more.
Bill Seeks to Limit Use of Arbitration to Avoid Courts
Two leading senators introduced a bill Thursday that would strictly limit the use of arbitration. Arbitration is a process used to resolve legal disputes that is often stacked against consumers, because judges and juries are replaced with arbitrators, who commonly consider the companies their clients. This bill is anticipated to face intense opposition, because if enacted, it can limit corporations from circumventing the courts.
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Your Money
There are plenty of lists proclaiming "The Best Places to Retire." Are you looking for a place that meets your budget and preferences such as access to good hospitals? This new interactive map does the legwork for you. It allows you to set the priorities among the importance of pleasant weather days, access to healthcare, percent of the population over 65, entertainment options, low crime, population density, and median home values. Click here for more.
For the Lawyers
Florida's Second District Court of Appeal held that a collection practices statute, which imposes a condition precedent to provide written notice to the borrower of the assignment of a mortgage loan, is not a condition precedent. Borrowers took out a loan from Countrywide Home Loans, Inc. and signed a promissory note, secured by a mortgage, to buy a home. U.S. Bank later acquired the note by an assignment. When borrowers stopped making payments, U.S. Bank filed a foreclosure suit. As a defense, borrowers argue that U.S. Bank failed to give them written notice of assignment as required by Florida's state law. The Court affirmed the trial court's final foreclosure judgment, supporting that even if the foreclosure suit is in an effort to collect a consumer debt, several reasons “compel[led]” the court to conclude that statutory notice is not a condition precedent. Click here for more.