Watch Out for Fraudulent ‘Foreclosure Rescuers’
By admin | September 15, 2009
Recently, Robert E. Power, Jr, a self-proclaimed foreclosure rescuer, pleaded guilty in federal court to bankruptcy fraud. His company, Yorkshire Financial Services, was targeting homeowners at risk for foreclosure. Yorkshire represented that they could negotiate new mortgages for the homeowners or arrange for refinancing. In exchange for their services, Yorkshire had the homeowners transfer their homes to Yorkshire.
Properties transferred to Yorkshire were then placed into bankruptcy without the homeowners’ knowledge. Eventually, the homes were foreclosed upon by the bank anyway, or sold through straw buyers via fraudulent loans, whereby Powers would receive cash from the sale. The homeowners lost their homes while Powers gained a profit from the fraudulent activity.
WARNING: Beware of companies who say they can get you out of debt, refinance your mortgage, or stop a foreclosure. Despite what you hear and read, getting out of a foreclosure situation is not easy. If it sounds too good to be true, it probably is.
At Mark Godbey & Associates, we have been helping people in Greater Cincinnati, Dayton and Northern Kentucky with home foreclosure problems for over twenty years. Our bankruptcy attorneys will give you the correct legal advice about your rights when dealing with foreclosure. If you decide to file a Chapter 7 or Chapter 13 Bankruptcy, protection from foreclosure is a guarantee, not just a possibility. Often, a bankruptcy is not necessary, but when it is, we can assure you that it is legitimate and will be done correctly, giving you the protection of the Federal Bankruptcy Court. For more information, visit our web site at: www.GodbeyLaw.com To schedule a free consultation, call us at 513-241-6650.
Topics: Bankruptcy, Foreclosure | No Comments »
Plan Ahead for Name Change When Divorce is Final
By admin | March 16, 2009
It is important for both lawyers and their clients to remember to discuss whether a divorcing spouse wants to be reinstated to her former name. With proper planning, restoring a maiden name can be done very easily. Your lawyer will either submit the change as part of the Final Decree of Divorce or prepare a separate Court Order – the procedure is peculiar to each court.
Whether the name change is incorporated into the Final Decree or submitted as a separate order makes no difference, it is still accomplished as part of the divorce. The only limitations are that wives cannot pick a new name, they can only be reinstated to a maiden or former name, and husbands have no say in the matter, she cannot be compelled to give up her married name.
If too much time passes, the Domestic Relations Court may refuse to enter the name change for you. If the name change is not done as a part of the divorce, a new action would have to be initiated in Probate Court. Initiating an action in Probate Court is more time consuming and certainly more expensive than accomplishing a name change through the Divorce. That is why it is so important for lawyers and clients to plan ahead.
To find a dedicated Family Lawyer serving Hamilton, Butler, Warren, and Claremont counties in Ohio and Campbell, Kenton and Boone counties in Kentucky, call Mark E. Godbey & Associates at (513)241-6650 or (859)344-5297.
Topics: Divorce, Family law | No Comments »
Should Ohio Increase its Cooling Off Period?
By admin | March 16, 2009
Generally speaking, Ohio has a very liberal waiting period before an individual may terminate their marriage. If you have been a resident of the State of Ohio for six months and your county for ninety days, you may file for Divorce or obtain a Dissolution of marriage.
After the case is filed, Ohio requires a mandatory 30 day waiting period to conduct a final hearing for a Dissolution. In a Divorce, a final hearing may not be scheduled until 42 days after service, which is commonly referred to as a “cooling off period”. In either case, an individual may terminate a marriage in less than 2 months. In Maryland, the waiting period is one year if they agree and two years if the Divorce is contested.
If there are minor children involved, both parents are required to attend a parenting class before either party may be awarded parental rights or custody. In Hamilton County, this class is 2 ½ hours and is available at a cost of $40.00 per person. The class is intended to reduce conflict and improve cooperation for the sake of the children. Good idea, right?
How often do we hear a politician or civic leader trumpet family values or the importance of the family unit? Why is there such an uproar over the right for everyone to marry? If marriage is such a sacred union, to be protected and honored, why do we make it so easy to walk away from the institution and then require a 2 ½ hour class to become a “good” parent? Wouldn’t it make more sense to require a parenting class before giving birth and mandatory counseling prior to filing for divorce?
If we value marriage in this country, why not protect it with increased cooling off periods and family counseling?
Topics: Divorce, Family law | No Comments »
Police Warn “Lock it or lose it”
By admin | March 16, 2009
From CincinnatiEnquirer.com:
That is Cincinnati Police Department’s new slogan for March, which is Theft From Auto Awareness Month.
The slogan is simple, quick and efficient – much like when a thief smashes a window and breaks into a car.
“Everywhere you park a car and leave it unattended, you could be in danger,” said Dave Bailey, Cincinnati police District 5 commander. “No neighborhood is completely safe.”
The old example is It takes less than 10 seconds for a person to break into a car.
The Cincinnati Police Department proved this during the kickoff event. A video showed a man smashing a window, grabbing a GPS system and running.
The time: seven seconds.
Police have a slew of car break-in statistics “which may astound you,” Police Chief Thomas Streicher said. For example, A car is stolen once every 102 minutes, and 14 vehicles are stolen a day in Cincinnati, police said.
To avoid being a victim, park in well-lit areas and remove all items from the car, Bailey said.
The police are making an educational push starting a push for auto education and awareness because of the approaching warm season. March is a time when snow is melting, the inside of cars become more visible and crime increases, Streicher said.
“People are out moving about, and the bad guys are out moving about,” he said. “What are they looking for? Simple targets.”
It may not matter what the target is.
Khadija Monk of Clifton spoke at the event. All she had in her car was a bag of clothes to be donated to Goodwill. Thieves took it after breaking in.
“It doesn’t matter what’s in your car, if it’s valuable or not valuable,” she said. “If they can see it, they’re going to take it and think about it later.”
This is why Cincinnati police is pushing their new slogan. They want everyone to make sure their items are out of sight. They will be doing a campaign of fliers, mailings, public-service announcements PSAs and community meetings to combat vehicle break-ins.
To reduce crime in Cincinnati, it all comes down to the driver. A person has to hide their items every time, Streicher said.
“The very best prevention we have is people looking after themselves,” he said.
Joseph H. Spring, Esq.
MARK E. GODBEY & ASSOCIATES
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 - 6650 phone
(513) 241 - 6649 fax
Topics: Criminal | No Comments »
Guides to Help Fight Home Loss Awaited
By admin | March 16, 2009
The Obama administration’s foreclosure plan has won plaudits for tackling an issue at the heart of the current financial crisis, but an exact pattern for identifying at-risk mortgages and how to restructure them has yet to be unveiled.
Alterations or “workouts” of troubled mortgages are key to stemming the nation’s tide of foreclosures, say housing advocates and industry experts. The plan announced last week also creates a process to restructure loans, which will spur resolution of pending foreclosure cases, they added.
Curbing foreclosures also has implications for the housing market in particular and the economy in general. “The rise of foreclosure means more houses coming back on market which pushes home prices down further, depresses toxic assets further and continues to erode household wealth,” said Nariman Behravesh, chief economist at IHS Global Insight in Lexington, Mass.
While lenders and servicers restructured nearly 2.3 million mortgages in 2008, the financial industry has been criticized for its slow response at processing foreclosures. In addition, housing advocates have said the industry has been too stingy with concessions to troubled homeowners, which they say perpetuates bad loans.
“The affordability piece is critical, otherwise the (workout) loans fail and we’ll be modifying terms again,” said Sister Barbara Busch, executive director of Working in Neighborhoods. a nonprofit housing agency in South Cumminsville.
The stakes are high. Industry estimates say the U.S. could see another 2 million foreclosures this year. The administration estimates 6 million Americans could face foreclosure in the next several years.
Southwest Ohio and Northern Kentucky saw foreclosures in 2008 respectively rise 7.5 percent and 17.2 percent.
Foreclosure filings in Hamilton, Butler, Clermont and Warren counties increased to 12,251 in 2008 compared with 11,397 in 2007. Filings in Boone, Campbell and Kenton counties climbed to 2,001 last year from 1,708 in 2007.
A Delhi Township woman’s case illustrates how a workout may only delay and not prevent a foreclosure.
Shirley Nagy, a 63-year-old retired secretary for Cincinnati Public Schools, fell behind on her mortgage with Wells Fargo last year when her rate began to adjust after two years. Her monthly payments jumped from about $950 to $1,500.
“They wouldn’t deal with me or accept partial payment,” she recalled, noting she fell behind four months when she got a notice her lender would file foreclosure. She avoided losing her two-bedroom, single-bath home last spring when WIN helped negotiate a workout plan.
But there’s a catch. Under the workout, the bank simply agreed to extend by two years the period when her rate is fixed and her payments are below $1,000 – her rate will begin to float again in the spring of 2010.
She owes $130,000 on a house that’s appraised at $115,390. “I’ll be lucky to get it valued at that,” she said. In the next 18 months, “I have to re-fi or I’ll be right back where I was,” Nagy said.
Workout statistics maintained by the Hope Now Alliance, an industry group formed in 2007 to stem the tide of foreclosures, suggest the industry has dug a little deeper as the foreclosure crisis worsened in 2008.
Fifth Third Bank, Greater Cincinnati and Northern Kentucky’s largest mortgage lender with 7,921 local mortgages originated in 2007 with a value of more than $1.2 billion, said it has restructured $770 million worth of consumer loans since the third quarter of 2007.
In 2007 and into early 2008, financial institutions emphasized “repayment plans” that stressed giving homeowners more time to “catch up” with payments. By December, however, more than half of workouts were more aggressive “modification” plans that change the actual terms of a mortgage, such as interest rate, duration and even principal owed.
Industry officials say Obama’s yet-to-be-unveiled modification template could solve the issue of sustainability.
Jeff Quayle, general counsel for the Ohio Bankers League, said Obama’s plan could spur loan modifications by reducing liability issues.
Up until now, lenders and servicers have negotiated workouts on a case-by-case basis. Servicers, who act as bondholders’ agents, have limited flexibility because they could be sued by investors if they don’t collect enough money from homeowners. Establishing industry standards for identifying mortgages in trouble and how they should be restructured provides servicers with the legal protection to conduct more workouts.
“It creates a template the industry can use and they don’t have to be worried about being second-guessed in the court system,” he said.
Once the template is set, the scope of the aid to at-risk homeowners will be clearer, said John Glascock, the director of the University of Cincinnati’s real estate center.
The government is “trying to help but not waste taxpayers’ money,” he said. If homeowners put no money down when they purchased, officials are “probably not going to consider you ‘at-risk,’ they’re going to consider you ‘gone,’ ” Glascock said.
Changing terms in court
Still, one key provision to cutting the burden on homeowners that requires congressional approval – the bankruptcy “cram down” – has emerged as a lightening rod.
The plan advocates allowing judges to modify terms of mortgages for homeowners in bankruptcy. Specifically, bankrupt homeowners who owe more on their mortgage than their house is worth could convert the excess debt into an unsecured claim – which could ultimately mean the lender collects less or even no money for that portion of the debt.
Lenders argue imposing mortgage terms would spur bankruptcies, further undermining value for investors and further destabilize financial markets.
“We’re against the cram down,” Quayle said.
But housing advocates say “you’ve got to have sticks – not just carrots – if banks won’t do it,” Busch said.
To protect themselves, lenders want to be allowed to veto any alteration in a home mortgage, said Michael Calhoun, president of the Center for Responsible Lending, a consumer advocacy group. Bankruptcy lawyers argue that such a veto isn’t necessary because under the proposed change, the homeowner and the lender would be able to present their case.
Each side could have an appraiser, and the judge would hear the testimony of both sides, including information about the borrower’s income and expenses, said Joe Lee, bankruptcy judge for the Eastern District of Kentucky.
Republicans opposed
It’s likely that the bankruptcy provision will be attached to a congressional appropriation bill, and in the process, some details could change. It will also face GOP opposition.
In a statement last week, House Republican leader John Boehner, R-West Chester, questioned whether the provision would increase mortgage payments for responsible borrowers. But U.S. Rep. Steve Driehaus, D-Cincinnati – who as a state representative served on Ohio’s task force to prevent foreclosures – said allowing bankruptcy judges as a last resort to rewrite terms would prompt lenders to “get serious” about loan modification. “I don’t think it will be abused – it’s another tool,” he said.
Joseph H. Spring, Esq.
MARK E. GODBEY & ASSOCIATES
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 – 6650 phone
(513) 241 – 6649 fax
Topics: Bankruptcy, Borrowers, Financial, Foreclosure, Lenders, mortgage | No Comments »
Should You Hire an Attorney if You are Injured in an Accident?
By admin | February 11, 2009
“Do I really need an attorney?” is one of the first questions people ask when they are injured. It is natural to think that a person who causes you harm or their insurance company will fully compensate you for your injury. Unfortunately, full compensation is a rarity. Insurance companies have been the beneficiaries of huge profits after they have implemented schemes designed to under-compensate those injured by their insured. Insurance companies know that when an injured party does not have a lawyer they are ripe to be taken advantage of.
It is certainly possible for you to negotiate with an insurance company yourself; however, an experienced personal injury lawyer will know how to build your case, negotiate it with an insurance company, and if necessary, litigate the issues at trial. A lawyer is in a good position to help obtain a favorable settlement that will greatly exceed what you could achieve on your own.
If you have been injured in an accident and wish to speak to an experienced personal injury attorney call Mark Godbey & Associates at (513)241-6650 to set up an appointment at our Downtown Cincinnati, West Chester, Ohio or Florence, Kentucky offices.
Mark E. Godbey, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 – 6650 phone
(513) 241 – 6649 fax
This article was written by attorney Mark E. Godbey. For more information, please visit our web site at www.GodbeyLaw.com or call our office at 513-241-6650.
Topics: Personal Injury | No Comments »
Bankruptcy: What Are Your Options?
By admin | February 4, 2009
Most people understand that bankruptcy is a way to clear up a lot of debt, but are uncertain of the details. A brief overview of the most common forms of bankruptcy follows.
Chapter 7 bankruptcy is what most people think of when they think of the generic term of bankruptcy. It is the traditional type of bankruptcy that the framers of our Constitution probably envisioned when they proscribed the right in Article 1, Section 8 of the United States Constitution. A person can have nearly all of their unsecured debts discharged, or “wiped out” through a chapter 7 bankruptcy. The discharge does not usually include current mortgages and car loans, and it also does not include most tax debts, child support arrearage and student loan debt. But a chapter 7 usually wipes out all of a person’s credit card debt, medical debt, and most other debts. If a person’s income is sufficiently high, they may not qualify for a chapter 7, and might have to file a chapter 13.
Chapter 13 bankruptcy is often referred to as a “debt reorganization”. A person enters into a 3 to 5 year repayment plan in a chapter 13. The amount of the weekly, bi-weekly, or monthly payment is determined mostly by the person’s monthly disposable income. Chapter 13 bankruptcy is often the best option for people who have a previous bankruptcy filing within 8 years, or people with too much income to qualify for a chapter 7, or for someone who has a house in foreclosure that they want to try to save.
Currently, the U.S. Federal Government is considering changing some of the bankruptcy laws. They are considering a change to allow Bankruptcy Judges to modify mortgages on houses that are over secured. A house is over secured when the mortgage amount exceeds the value of the house. The change in law would conceivably allow some recent home buyers to drastically cut their monthly mortgage payments.
People with a home in foreclosure that are seeking help without filing a bankruptcy can also go to a new website. www.dclmwp.com is a site designed to help homeowners contact the loss mitigation department of most major banks and mortgage lenders. The loss mitigation department is generally designed to assist borrowers in default that wish to bring their loan back into good standing. But if the loss mitigation department is unable to help a borrower in default, a chapter 13 is often the only other way to stop a foreclosure.
Joseph H. Spring, Esq.
MARK E. GODBEY & ASSOCIATES
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 – 6650 phone
(513) 241 – 6649 fax
This article was written by attorney Joseph H. Spring. For more information, please visit our web site at www.GodbeyLaw.com or call our office at 513-241-6650.
Topics: Bankruptcy, Financial, Foreclosure, Lenders, mortgage | No Comments »
Why You Should Be Careful When Choosing an Attorney to Handle Your Adoption
By admin | February 4, 2009
A Campbell County, Kentucky Jury found an attorney liable to her client for malpractice after the attorney was accused of selling babies. The attorney, Carolyn Arnett of Louisville, failed to tell the mother giving her child up for adoption that, in addition to being an attorney, she was also the owner of the for-profit adoption agency being recommended. The child, who was given to a Wisconsin couple 8 days after birth and reared by them until she was two years old now resides in Egypt with her biological father.
Read more about it in this article: “Jury says attorney committed malpractice.”
A dedicated attorney who is in it for the client and not the bottom line is your ticket to a successful adoption. Please call the experienced adoption attorneys at Mark Godbey & Associates for a free initial consultation.
Mark E. Godbey, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 – 6650 phone
(513) 241 – 6649 fax
This article was written by attorney Mark E. Godbey. For more information, please visit our web site at www.GodbeyLaw.com or call our office at 513-241-6650.
Topics: Adoption, Child custody, Family law | No Comments »
Don’t Give in to Insurance Adjuster Pressure
By admin | February 4, 2009
You have just been injured in a car accident.
The insurance adjuster calls.
He wants to take your statement and record it on tape.
Should you do it?
At Mark Godbey & Associates, our personal injury attorneys are frequently asked this question. Imagine you have just been injured in a serious automobile accident. As soon as you are released from the hospital, the insurance company of the person who caused the crash is knocking at your door or calling you. The adjuster wants information, including a recorded statement, and also wants you to sign medical releases. It is easy to feel pressured by the insurance company for fear that your car damage or medical bills will not be paid unless you cooperate.
This is absolutely false. There is no requirement that you give a recorded statement or sign medical releases as a condition of getting your car damage or medical bills paid for by the other driver’s insurance company. Before you consider giving such a statement, you should contact an attorney to discuss your legal rights. At Mark Godbey & Associates, we have skilled personal injury attorneys who can assist you in this process. We offer FREE consultations over the phone or in person. Call us at 513-241-6650 to schedule a time to speak with one of our attorneys, or visit our web site at: www.GodbeyInjuryLaw.com for more information.
Generally, when the other driver was clearly at fault for the crash, there is no reason to give a recorded statement. There is no question about who is at fault and you cannot yet know the full extent of your injuries only a few hours after the accident.
Insurance companies train their adjusters to get these recorded statements, sometimes twisting your words and tricking you into saying something which they or their attorneys can use against you later. We all tend to say: “Oh, I’m not hurt that bad. I’ll be okay.” Then later, if you need physical therapy or more treatment than you anticipated, the insurance company can refuse to cover it. In certain situations, it is necessary to give a recorded statement, but our experienced attorneys at Mark Godbey & Associates can help you make that determination. Call us at 513-241-6650 to speak with an attorney. There is no charge for the phone call or office visit.
Insurance adjusters also try to get you to sign medical releases. Beware that this gives them access to ALL of you medical records, not just those related to your car crash. The adjuster can go back years to find medical records related to an old neck or back injury. Although you may have recovered from this previous injury, the insurance company will certainly use it against you in the evaluation of your claim by claiming that “you already had a bad neck or back”.
Before you sign any documents or make any statements to an insurance adjuster, call one of our experienced personal injury attorneys for some advice. We have three office locations to serve you: Cincinnati, West Chester and Florence. For more information, please visit our web site at: www.GodbeyInjuryLaw.com or call 513-241-6650 to schedule a free office visit.
Mark E. Godbey, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 – 6650 phone
(513) 241 – 6649 fax
This article was written by attorney Mark E. Godbey. For more information, please visit our web site at www.GodbeyInjuryLaw.com or call our office at 513-241-6650.
Topics: Personal Injury | No Comments »
Do You Have to Take Field Sobriety Tests in Kentucky?
By admin | January 27, 2009
Absolutely not. You are never obligated to prove to an officer or deputy that you ARE NOT committing a crime. It is not illegal to drink and drive, and if you don’t feel comfortable taking the tests, you cannot be forced to. The law presumes you are innocent until the police can develop probable cause that a crime has occurred. Police develop probable cause through bad driving, field sobriety tests and finally, the portable breath test they use to detect the presence of alcohol.
Unfortunately, most officers will arrest you if you refuse to preform the field sobriety tests as directed. But, if you agree to take the tests and do not perform PERFECTLY, you will be arrested and the results of those tests will be used by the government to convict you in a Court of Law.
In my time as a Kentucky DUI Trial Lawyer, I have reviewed cruiser camera tapes where it was obvious the person was scared, nervous or tired and not at all intoxicated and I have heard testimony from officers who have no idea how to administer field sobriety tests, but used them to arrest my client. People are inclined to prove their own innocence, just know that you do not
have to.
If you have found yourself accused of Driving Under the Influence in Northern Kentucky, contact Zachary Smith, a Kentucky DUI Trial Lawyer at (513)238-7900 or zach@godbeylaw.com.
Zachary D. Smith, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 – 6650 phone
(513) 241 – 6649 fax
This article was written by attorney Zachary D. Smith. For more information, please visit our web site at www.GodbeyLaw.com or call our office at 513-241-6650.
Topics: DUI, Legal Help, Traffic offenses | No Comments »
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