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ATV Malfunction Causes Driver to Sustain Serious Head Injuries

Our client purchased a 2012 All Terrain Vehicle in 2012. The ATV had only 150 miles at the time of the accident.

As our client was traveling in an alleyway behind his house, the connection A-arm fractured causing him to lose control. He was thrown from the vehicle sustaining various head injuries. Our firm procured an expert that will testify that the product malfunctioned due to a metallurgical failure of the weld/bracket. Our client sustained significant head trauma, traumatic brain injury, a sub-arachnoid hemorrhage with multiple skull fractures and a left clavicle fracture.

After inspecting the vehicle and consulting with their experts, the manufacturer of the ATV has agreed to mediate this matter.

Contact Shaffer & Gaier

At our office, every prospective client receives a free initial consultation. Call us in Philadelphia at 215-751-0100 or in New Jersey at 856-429-0970, or contact us online. Evening and weekend meetings can be arranged upon request. We will meet with you in your home or at the hospital if necessary.

Bank of America Withdraws Motion to Dismiss to Engage in Settlement Negotiations

Shaffer & Gaier, LLC represents nine homeowners who had negative amortization loans with Countrywide (Countrywide was, of course, bought by Bank of America.). Our firm represented these homeowners who brought a consolidated lawsuit against Bank of America for their fraudulent and duplicitous conduct. All of these homeowners were victims of Countrywide’s negative amortization loan scheme which they used to defraud these homeowners. Countrywide offered a variety of loan products that were both financially risky and difficult for borrowers to understand, including payment option ARM’s. Countrywide craftily hid the true cost of the loan from the homeowners by failing to issue accurate Truth in Lending Disclosure forms thereby luring the homeowners into thinking the loan was less expensive than it actually was.

The option ARM, which Countrywide classified as a prime product, is a complicated mortgage product which allows borrowers to pay a “teaser rate” then the rate jumps up beyond reasonable market levels. However, the homeowner is tricked into paying part of the principal only. Therefore, the loan keeps recalculating causing the homeowners to lose additional value. Bank of America filed extensive Motions to Dismiss and our law firm filed responses to those Motions. After significant litigation, Bank of America has agreed to withdraw those Motions to Dismiss to allow the parties to continue with settlement negotiations. Our firm welcomes inquiries into these negative amortization loans, payment option ARM’s and any other fraudulent or deceptive loan product offered by Countrywide, Bank of America or any other lending institution.

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.

Lawyers Working Polling Places

November 4, 2008 was an historic day in America. No matter what your political affiliation, we can all be inspired by the record turnout and the astounding participation in the Democratic process.

The lawyers at Shaffer & Gaier were proud to be poll watchers to ensure that every person, Democrat, Republican or Independent had a clear path to the voting place. All of our attorneys, watched the polling places to ensure our citizens’ rights were not infringed upon and they could exercise their right to vote.

Mortgage Relief Checks Are Bouncing

It has taken years for the big banks to finally begin to redress homeowners who were victimized by shoddy foreclosure practices, wrongful eviction and mortgage servicing abuses. So, in early April, the banks began to issue payments to homeowners that at least partially compensated them for their losses. When many of the homeowners went to cash these checks, however, the checks bounced because those funds are not available. Unbelievable, right?

While this is a fitting end to the lengthy ordeal suffered by so many, it is but the latest setback for troubled homeowners. Not only did it take more than two years to resolve a federal investigation into the foreclosures, but these checks that were received have been delayed for weeks. The checks generally range from $400 to $1,000, although the banks promised that some homeowners would receive checks up to $125,000. These payments, even federal regulators will concede, hardly make up for losing a home or being unlawfully put through the foreclosure process.

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.

Wall Street Bailout – Somebody Had To Cause This Problem

In this time of national economic crisis, the Bush administration and Congress are implementing a legislative package aimed at resolving the country’s current financial problems. However, the banks are seeking not only money from the taxpayers, but immunity from lawsuits concerning their unscrupulous lending practices.

It was a hard pill to swallow; $700B to bailout the huge companies that got themselves in this mess. However, when you hear about companies like AIG taking $400,000 junkets after receiving Federal assistance, it just makes your blood boil. However, the chickens need to come home to roost eventually and certainly the banks are beginning to run for cover. Seeing the vulnerability of their position, they are beginning to ask for immunity from lawsuits brought by defrauded investors and shareholders. Congress should do everything to prevent immunity to these lending institutions of investors and shareholders. At Shaffer & Gaier, we have represented consumers who were taken advantage of by these businesses.

It Might Be a Good Time to Buy

Mortgage rates remain low and the housing market is showing signs of recovery. Even new construction is picking up. And best of all, the Consumer Financial Protection Bureau issued guidelines in January which protects consumers from the kinds of mortgages that contributed to the financial market and housing market crash.

Still, there are many ways that a buyer can end up short end of the stick by paying more than they should. The devil, as always, is in the details, and when it comes to home buying, those details are deeply imbedded in the mortgage documents. For instance, be careful to rely on the Good Faith Estimate to determine the closing costs and the amount of the loan over a 20 or 20 year term. This is because the Good Faith Estimate really just lumps all of the closing costs onto one document and it makes it very hard to see the fees which could be hidden in the loan.

Another safe guard is to S…L…O…W down the closing. Of course, there are times when a prospective homeowner feels the need to get to closing as soon as possible – marriage, a new baby may be on the way, or you just gotta get that house, etc. When this occurs, there is often the urge to tell the mortgage company something like “Look, can you get my deal done ASAP?”. This will undoubtedly lead to many unwelcome surprises at closing, when additional fees or costs are added. The homeowner can throw a fit and protest, but that will most likely be met with the broker asking if they would like to cancel the deal, which often comes with $1,000+ cancellation fee. One of the ways to avoid this is to choose a mortgage that has no closing costs. The interest rate will probably be higher, but you’ll at least know what you’re paying for. But beware—while this may be a wise decision in the short run, it could end up costing a lot more over the life of the mortgage because of the higher rate.

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.

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.

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.

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