Bankruptcy trustee sues Countrywide

The US bankruptcy trustee in Atlanta sued Countrywide Home Loans in federal bankruptcy court. Countrywide is one of the largest mortgage lenders in the country. The suit charges the mortgage company with questionable conduct related in dealings with a chapter 13 bankruptcy case. The US trustee contends that Countrywide charged improper fees and falsely claimed the borrowers were behind on their payments. The trustee also charged that Countrywide wrongfully accepted payments on the mortgage from the Chapter 13 office after the loan was paid off.

Patrick J. Conway, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 - 6650 phone
(513) 241 - 6649 fax

In part of the US, foreclosures top sales

According to the New York Times, in some parts of the country, more foreclosures are filed than houses sold. Lenders filed 153, 745 in January alone. The West is the region hardest hit by foreclosures. Ohio remains a state with one of the highest foreclosure rates in the country.

Patrick J. Conway, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 - 6650 phone
(513) 241 - 6649 fax

Butler County Immigrants Beware!

Butler County Sheriff, Rick Jones, has again grabbed front-page attention in the local media for his latest attack on the immigrant population of Butler County. No longer content to simply enforce Ohio law, Mr. Jones now wants to be in charge of deporting people as well.

As reported by the Cincinnati Enquirer, Sheriff Jones recently had eight of his deputies trained by the federal government so that they can initiate deportation proceedings against people who Sheriff Jones suspect may be illegal aliens. After a training program of just a few short weeks (paid for by taxpayers), these deputies may now attempt to initiate deportation proceedings against anyone in the Butler County Jail at Sheriff Jones's direction. This new power means that immigrants in Butler County could face the possibility of deportation proceedings after being charged with nothing more than a speeding ticket.

Sheriff Jones says he has no intention of taking such actions over minor offenses “just yet.” However, that does not appear to be true. Every day, Immigration and Customs Enforcement (ICE) Agents call the Butler County authorities to ask whether they should come to process anyone for deportation. Where is the office for Butler County ICE agents? In Sheriff Jones's backyard - the old Butler County Jail.

Now, more than ever, immigrants charged with crimes in Butler County need skilled legal representation to help them through difficult situations like this. If you or someone you know is in trouble, please feel free to call Mark Godbey and Associates at (513) 241-6650. We offer a FREE consultation to discuss the case in detail, quote fees, and advise you about the best way to handle your situation. Then you can decide if you would like us to help you. We have an attorney who is fluent in Spanish if you need translation help and we offer weekend and evening appointments at offices conveniently located in both West Chester and Cincinnati.

Blake P. Somers, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 - 6650 phone
(513) 241 - 6649 fax

Ohio is Number 1 in...

...Foreclosures!

When you think of Ohio, what do you think of? Football? The Ohio River? Lake Erie? The Buckeyes? Well, add this to your list: Home Foreclosures.

In Ohio, more than anywhere else in the United States, people are losing their homes. In the first six months of 2007, Ohio recorded 44,594 foreclosures. The state's foreclosure rate has been higher than the national average for every quarter since the end of 1998. Ohio has had more home foreclosures than any state except Florida and California.

While the exact reason for this phenomenon isn't certain, several factors play key roles: Ohio’s sagging economy, unwise investments by mortgage brokers, and increased payments under adjustable rate mortgages (ARMs). An estimated $14 billion in Ohio ARMs will see their rates adjust over the next five years. It's possible that many people with ARMs will see their monthly mortgage payments nearly double in the near future.

If you are behind on your home payment and the bank is threatening foreclosure, give us a call to speak with an attorney about your legal rights and options.

Joseph H. Spring, Esq.
MARK E. GODBEY & ASSOCIATES
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 - 6650 phone
(513) 241 - 6649 fax

Immigration issues on the rise in Cincinnati

It seems like the word “immigration” is on the tip of everyone’s tongue these days in Cincinnati, Ohio. No matter which side of the debate you stand on, one thing is clear: immigration topics are hotter than the recent weather.

One need look no further than the pages of our local newspaper. The Enquirer has recently dedicated numerous front pages of its Sunday edition to reporting on immigration issues. First, the Enquirer followed the story of Maha Dakar, a Palestinian immigrant and mother of four, who is facing deportation to Jordan in October. (For more on her story, click here.)

More recently, The Enquirer offered an objective overview of the U.S. immigration system. The Enquirer found that the U.S. immigration system is so complex, and so difficult to correctly navigate, that it is almost “universally described as broken.” (For more on this report, click here.)

If you or someone you know needs help navigating through this difficult system, call us today for a free consultation. We have experienced, licensed attorneys who can help you through the immigration “maze” and we would be happy to answer any of your questions.

Blake Somers, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 - 6650 phone
(513) 241 - 6649 fax

Adjustable Rate Mortgages Expected to Fuel Increased Bankruptcy Filings

By Patrick Conway, Attorney at Law

Adjustable Rate Mortgages (ARMs) are expected to lead to an increase in bankruptcy filings over the next few years. Many home buyers in recent years financed their home purchases with mortgage loans that include adjustable interest rates. Often, ARMs were offered to purchasers with bad credit who could not qualify for traditional mortgages with a fixed interest rate.

Interest rate adjustments of 6% over the life of the loan are common with ARMs. This type of increase could add hundreds of dollars to a monthly mortgage payment. An increase of $200 per month would likely prove disastrous to many homeowners.

Until recently, borrowers with ARMs counted on rising real estate values to allow them to refinance their mortgages before the higher payments took effect. Rising home values meant increased equity that allowed people to refinance the mortgage. Now, however, with declining real estate values common, borrowers often have little or no equity in their home. Without sufficient equity, refinancing the mortgage becomes much more difficult.

Many people are unable to afford the higher mortgage payments. The result is an increase in foreclosures that is expected to continue for the next few years.

If you or anyone you know has questions about foreclosures or bankruptcy please call our office to speak with a bankruptcy professional.

Patrick J. Conway, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 - 6650 phone
(513) 241 - 6649 fax

Protecting Custody for Deployed Parents

The House of Representatives moved Wednesday, June 6th, to protect deployed service members from losing legal custody of their children. An amendment to the 2008 defense authorization bill, approved by voice vote, prevents states from making permanent custody changes while a service member is deployed on a contingency operation. It also prohibits a court from considering a military member's deployment as a reason for denying custody. Rep. Michael Turner, R-Ohio, who sponsored the amendment, said he is trying to provide some peace of mind to deployed parents.

B. Bradley Berry, Esq.
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202-2022
Ph (513) 241-6650
Fax (513) 241-6649

DUI Consequences For CDL Drivers

Almost everyone knows that a DUI can be devastating to any driver, resulting in license suspensions, fines and possible jail time. Yet, for Commercial Driver’s License holders the penalties can be even more harsh. This article is meant to outline the consequences of DUIs for CDL drivers in Ohio. For more detailed and up to date information please refer to the most recent version of the Ohio Revised Code - ORC.

First off, the term used for operating a vehicle intoxicated in Ohio is no longer the familiar term DUI (Driving Under the Influence). The correct term, and more importantly, the term used by the Ohio courts is OVI, or Operating a Vehicle Intoxicated.

The blood alcohol concentration required for a CDL-OVI when driving a commercial vehicle is lower than that which is required for a regular OVI. A regular OVI requires a .08% blood alcohol breath test, yet a CDL-OVI when driving a commercial vehicle only requires a .04% blood alcohol breath test. The blood and urine tests for CDL holders are also roughly half the level required for regular OVI’s. See ORC 4506.15(A) and ORC 4511.19.

Additionally, a CDL holder driving any vehicle under the influence of any controlled substance is a CDL-OVI. This applies to commercial vehicles as well as to private vehicles. See ORC 4506.15(A)(5).

CDL suspensions for OVI’s are especially harsh. There is a mandatory one year CDL disqualification for a first OVI, regardless of whether the operator was in a commercial or private vehicle. No driving privileges may be granted for any CDL suspension. See ORC 4506.16(D)(1) and 4506.161.

If a CDL holder is in a commercial vehicle, then a first refusal results in an automatic one year CDL suspension. A “refusal” refers to any driver who refuses to submit to either a breath, urine or blood test when a law enforcement official has reasonable cause to believe that the driver may be under the influence. Thus, even if the CDL driver is not actually under the influence, if he refuses the test in a commercial vehicle, his CDL could be suspended for one year. See ORC 4506.16(D)(1).

And last but not least, the Ohio Revised Code requires a lifetime CDL suspension for a second OVI conviction or for a second refusal in a commercial vehicle. See ORC 4506.16(D)(2).

If you or anyone you know have questions about an OVI or a CDL or both, feel free to call our firm to discuss the matter with an attorney.

Posted by: Joseph Spring, Mark E. Godbey & Associates, (513) 241-6650

Undocumented Immigrants in the Greater Cincinnati Area

Tough Stance
Originally uploaded by J Spring.

With all of the recent reports on the border between Mexico and the United States, much of the happenings in areas far from the border, such as Cincinnati, have gone relatively unnoticed. Yet laws are changing in areas far removed from the border, and so are methods of enforcing these laws.

To sum up the situation, national arrests, fines and deportations are all up. For example, in 1999 there were 24 undocumented workers arrested on job sites in the U.S. In 2002 there were 25 arrests. In 2006, there have been over 3,000 such arrests. As for fines, Immigration and Customs Enforcement (ICE) received a $15 Million payment on a single worksite case in 2005. This one payment was greater than the sum of all fines issued by ICE in the prior eight years. For details, click on this link.

Roundups in the Greater Cincinnati area are also on the rise. In May of 2006 approximately 70 undocumented aliens were taken into custody. The arrests were the result of a prior investigation that had apparently uncovered evidence that a Northern Kentucky company, Fischer Homes, had been intentionally using undocumented labor in an effort to increase profit margins.

On November 29 of 2006 ICE agents arrested 32 undocumented aliens involved in the construction of The Ascent at Roebling Bridge, a new condominium building being touted as the jewel of the Covington skyline. Covington based Corporex Construction is the developer of the project. The general contractor is Dugan and Meyers Construction Company of Cincinnati. Link.

North of the River, in Butler County Ohio, state law enforcement officials are being trained so that they can enforce immigration laws. Normally, issues of deportation and immigration are purely federal issues, and are not handled by state agents. Yet Butler County is taking a tough stance on the issue, becoming the first community in the Midwestern United States to offer such training. The photo above is the Butler County Sheriff standing next to a "subtle" sign recently posted just outside the Butler County Jail.

This has caught the attention of civil rights attorneys. Some say that to expect local law enforcement to understand the intracacies of federal law and the politics behind such laws, is asking a lot. Others believe that it is unrealistic to expect local law enforcement to be able to distinguish between "enforcing immigration laws" and "racial profiling". Link