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Bala House Montessori School – Ground Breaking Ceremony

In addition to managing our law firm, Michael Shaffer also serves on the Board of the Trustees of the Bala House Montessori School in Bala Cynwyd, PA. Michael has three children, Sophie 8 years old and Sam and David, twins who are quickly approaching 5. All three of his children have attended this terrific school and Michael is proud to be on the Board of its Trustees.

Just last week, the Bala House Montessori School, after 20 years of saving, investing and raising money broke ground on a new wing. Michael is the Chairman of the Development Committee which has raised over significant monies toward this $3M project. One of the best things about the Bala House Montessori School is its diversity. Although its school is located on the Main Line, it boasts diversity of almost 40%; offering scholarships to economically disadvantaged children throughout the City of Philadelphia. At Shaffer & Gaier, we take our commitment to the community very seriously and sometimes this is the most rewarding work we do.

The Reviewers Are Getting Reviewed

Over the last few years, private consultants were paid to review the shoddy foreclosure practices and investigate the financial misdeeds of the nation’s biggest banks. These consultants were paid in excess of 2 billion dollars, yet they were paid by the same banks that they supposedly investigated. As luck would have it, there have been hardly any payments made to homeowners as promised and it is now widely believed that the review process has been botched. it can safely be stated that it will not bring any meaningful results to homeowners or the housing industry.

Now, in a twist of fate, the Senate Banking Committee will be reviewing the entire foreclosure review process and other missteps made by at least two of the consulting groups, Promontory and Deloitte & Touche. The regulators are questioning the quality and integrity of the consultants’ work, primarily because there may be a conflict of interest since they are getting paid by the banks whose practices they are reviewing. The consultants, however, blame the Federal regulators on the delays, so it will end up as a finger pointing episode. The Senate Banking Committee plans to hold hearings in mid-April. Executives from Promontory and Deloitte are expected to testify.

Meanwhile, homeowners languish while waiting for their just compensation. Do not be optimistic that anything good is going to come out of this.

Contact Shaffer & Gaier

To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or call our office location in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970.

Oversight for Risky Mortgage Lending Practices – Finally

On January 10, 2013, Federal regulators unveiled a range of obligations and restrictions on lenders for residential mortgage loans. These include bans on risky “interest-only” and “no documentation” loans that were largely to blame for the last decade’s housing crisis. The Consumer Financial Protection Bureau is the Federal entity in charge of implementing and carrying out the review, all of which will take effect in 2014.

Importantly, lenders will now be required to verify and inspect the borrower’s financial records, wage verification, employment verification and credit history. Federal regulators are hailing the restrictions by claiming that this will make sure that people who work hard to buy their own homes can be assured of greater consumer protections and reasonable access to credit. The rules also limit features like “teaser rates” that adjust upward and large balloon payments that must be made at the end of the loan. In the past, mortgage lenders found it very easy to hide or disguise these dangerous features of the loans.

An important aspect of the regulations is a new product called the Qualified Mortgage. These loans are expected to be the most common, and will have to meet affordability standards, including that the borrower’s combined debt payments cannot exceed 43% of income. Through their strong and effective lobbying efforts, the banks were able to craft various protections, including one that would largely insulate the banks from losses when some of the new loans go into foreclosure. This protection is called a “safe harbor” because it substantially limits a borrower’s ability in court to claim that a qualified loan was not affordable. The banks, however, got less protection on loans with higher interest rates to borrowers with weaker credit (sub-prime).

The new rules will also allow borrowers to introduce oral evidence to make their cases in court, if they can get their case into the courtroom in the first place. A borrower, for instance, could tell the court about a conversation with a loan officer that suggested a loan was unaffordable from the offset and should not have been made. This is called “parole evidence”, and is often not admissible in court. All in all, it is a step in the right direction, albeit about 10 years too late.

In my view, the regulators could not apply too many restrictions to the banks for fear that they would tighten the credit market and make it increasingly difficult for all borrowers to apply for and secure a new mortgage loan, and these rules may have been written in part so that the housing recovery of 2012 continues.

Contact Shaffer & Gaier

To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or call our office location in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970.

Delaware County Judge Denies Bank’s Objections

I represent homeowners in Delaware County who are faced with a foreclosure lawsuit. I filed an answer to the bank’s lawsuit, and I raised various defenses to the action. The kinds of defenses in this case are that the bank is not the true owner of the Note and that my clients were victims of bait and switch tactics. For instance, on the day of settlement, the interest rate went from what was promised, at 6%, up to 8.5%. In addition, the originating lender increased the mortgage balance by lumping many of my client’s other debts (credit card bills and medical bills) into the mortgage loan, even though my clients weren’t given advanced warning of that.

The loan is allegedly owned by banking giant, Deutsche Bank, because it is the trustee of the mortgage trust that claims to own the loan. When my clients were sued, I answered in court filings that the bank engaged bait and switch and predatory practices. The banks’ lawyers filed objections to my court papers claiming that the defenses were not relevant to the actions since, in their view, all of the paperwork was in order and my clients knowingly signed onto the mortgage loan. The Delaware County trial Judge denied the bank’s objections ordered that the bank must now respond to my allegations. This was a bitterly contested motion and I am glad that we prevailed on this aspect of the case. A trial date has not yet been set.

Contact Shaffer & Gaier

To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or call our office location in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970.

Safety Takes A Back Seat in Tough Economic Times

No one can doubt the difficult economic times that we all face. Businesses are also faced with belt tightening that affects both consumers and employees.

Countless studies have shown that when companies face difficult economic obstacles, one of the first measures to be cut is safety. Unfortunately, companies often believe that since safety is not a money producing venture, it can take a back seat to their employees and consumers well being. At Shaffer & Gaier, we have handled several cases where products did not go through the vigorous testing they should have done because the companies were trying to save money toward their bottom line. When these defective products caused injury, it was clear that if the companies had gone through their normal paces, the defects of the products would have been avoided. In addition, we have also had experiences with construction accidents where construction companies have placed their workers at risk by failing to adhere to basic safety protocols because they were trying to add to their profit. Certainly, in these difficult economic times these dangers rise to consumers and workers.

Philadelphia Judge Denies Bank’s Motion for Summary Judgment

My clients own a home in the Chestnut Hill neighborhood in Philadelphia. Their lender is Suntrust Mortgage Company, an Atlanta based lender with offices in the Southern and Eastern U.S. and in the Cayman Islands.

Suntrust sued my clients in a foreclosure lawsuit in Philadelphia Court of Common Pleas. In January, Suntrust filed a motion for summary judgment, arguing to the court that a trial was not necessary because the loan documents themselves prove that the homeowners are in default. The banks frequently file these motions in which they argue that the bank should have the absolute right to foreclose. A closer inspection of the loan documents, however, established that the bank may not have properly applied the mortgage payments to the principal and interest when the payments were made. This created a question of fact because my clients’ mortgage payments conflicted with the bank’s payment ledgers.

The trial court agreed, on February 27, 2013 the judge denied the bank’s motion for summary judgment. The clients continue to reside in the home and I am awaiting notification of a trial date.

Contact Shaffer & Gaier

To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or call our office location in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970.

Defective Drugs and Medical Devices – The FDA Is Not On Your Side

The change and developments of the United States Supreme Court has taken with regard to unsafe drugs and medical devices are quite simply frightening. Is there really anyone left in America who still thinks that just because a medication is approved for sale by the U.S. Food and Drug Administration (FDA) is safe and without product defects? If so, then the drugs like Vioxx would never be recalled by the FDA. These drugs made it through the FDA’s incredibly lame screening process to hurt thousands of innocent people.

The pharmaceutical industry, and its giant lobbying group, has tried to prohibit lawsuits against drug manufacturers because the drugs that are approved meet the seal of approval by the FDA. Due to the huge problems that these drug manufacturers have had, and the confidential documents that they never disclosed to the FDA concerning negative research, it is frightening that these companies could be immune from liability. Too often, clients contact our office with questions about defective medical devices and/or defective drugs and I am faced with explaining to them the difficult and confusing decisions by the United States Supreme Court that, in effect, takes away their rights.

Federal Court Foreclosure Practice

I have a case pending in Federal District Court in Philadelphia against Bank of America (the servicing bank) and HSBC (HSBC controls the trust that holds my client’s mortgage). The basis of the lawsuit is that the banks lied to my client when they told him that he should let his loan go into default if he wanted a loan modification. As crazy as this may sound, this is a technique used by the banks over that last couple of years. Of course, this sets up a homeowner for a foreclosure lawsuit. This all happened before he retained me, and as luck would have it, my client did exactly what the bank told him to do—he went into default and the bank filed a foreclosure action against him in Delaware County, Pennsylvania.

I filed a lawsuit for fraud and promissory estoppel (i.e., my client relied on the bank’s statement that he should go into default). The bank filed a motion to dismiss our lawsuit, claiming that it was not reasonable for my client to rely on such a promise.

At oral argument on February 14, 2013, it was clear that this was the first time that the Federal Court judge became aware that the bank engaged in tactics like this. Since most foreclosure-based lawsuits are filed in the state courts, this is not surprising. For a good part of the hearing, which lasted about an hour, I felt as if I was educating the Court about 1) the bank practices which led to the housing crisis and 2) the ridiculousness of the loan modification process. Instead of issuing an opinion, the judge ordered Bank of America to look into settling the entire matter, which would include withdrawing the foreclosure complaint and providing a loan modification.

Contact Shaffer & Gaier

To set up a free initial consultation, contact our office online or call our foreclosure hotline at 855-289-1660. Or call our office location in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970.

Hospital Errors Won’t Get Paid by Your Tax Dollars

The government is finally poised to prevent hospitals from profiting from their preventable mistakes. Starting last month, the Centers for Medicare and Medicaid Services will deny payments to hospitals for the additional costs associated with treating patients for certain types of preventable hospital acquired infections and medical errors. These very preventable problems are caused by unconscionable care including bed sores, surgical error such as objects casino en ligne français left in patients during surgery and in-hospital falls.

Too often, clients are faced with mounting medical bills that are only amplified by medical mistakes. One of the most tragic cases we ever had was a bed sore case where a patient was allowed to develop a bed sore that was literally larger than his fist. This individual had heart surgery and due to the nurses’ negligence in turning the patient, he was allowed to develop a huge bedsore on his buttocks. This made his recovery that much more difficult. We were happy to be able to secure a substantial settlement on his behalf.

Nursing Home Violations Widespread

Many people argue over whether there is too much government regulation concerning our everyday lives. However, we certainly could agree that when it comes to caring for our loved ones, the laws in the book should at least be followed.

In a report released just last week, Federal investigators have found that more than 90% of nursing homes were cited for violations of Federal health and safety standards last year. Most troubling, the for-profit nursing homes were more likely to have problems than any other types of nursing homes Federal investigators found. These problems included infected bed sores, medication mix-up, poor nutrition and abuse and neglect of patients. Inspectors received over 37,000 complaints about the conditions in nursing homes last year and they substantiated almost 40% of them. About 20% of the complaints verified by Federal and State authorities involved nursing home abuse or neglect of patients.

It’s often said that the greatness of a country is determined how it cares for people who can’t care for themselves. Certainly, the elderly fall within this category and no one can contest that these people deserve the best care possible. It is clear from this study that many elderly are not receiving the best care available and that they deserve.

Our firm has handled many nursing home cases throughout the years. We employ a full time nurse/paralegal to review these type of cases. She has over a decade of experience in the nursing field reviewing and evaluating our cases. Please contact us at Shaffer & Gaier, LLC if one of your loved ones has not received appropriate care at a nursing home.

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