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Expiration of Popular Mortgage Modification Program, HAMP

Application for Mortgage Loan Modification

The Federal Government allowed the nation’s primary mortgage modification program, HAMP, to expire on December 31, 2016. The Home Affordable Modification Program, or HAMP, was introduced in 2009 to respond to the sub-prime mortgage crisis and it provided targeted aid to homeowners who met certain criteria. The primary eligibility requirements were that the loan needed to be originated before January 1, 2009, borrowers needed to document their income, suffer a financial hardship and the debt-to-income ratio needed to fall in the 30-35% range.

HAMP was uniformly used by most of the big banks and servicers and my office worked with more than a dozen of these banks and servicers to secure modifications for hundreds of our clients. While frustrating at times because of institutional bureaucracy, modifications were accomplished in a variety of ways, including through interest rate reduction, fixing the interest rate, reducing mortgage principal and/or forebearance and/or extending the term of the loan. HAMP was beneficial in that it provided clear and concise guidelines and included incentives for both the banks and the homeowners.

Neither Congress or Regulators have yet to put forth a replacement for HAMP. This is worrisome because it means that each bank or servicer is free to use and set their own guidelines. While there will be some period of uncertainty during this transition, our office will be working with homeowners and dealing with each bank or servicer’s specific and particular requirements.

Leading Reverse Mortgage Lenders Fined for Deceptive Practices

Mortgage

The Consumer Protection Financial Bureau fined the 3 leading reverse mortgage lenders in January, 2017 for using deceptive advertising to sell reverse mortgages. The fines totaled $800k and the bureau ordered the company to stop using misleading ads, some of which dated back to early 2012.

A reverse mortgage is a type pf loan that is usually targeted towards older Americans. A reverse mortgage can be a good tool for a homeowner who expects to remain in the home for many years and continue to pay the taxes and insurance but as borrowers age, these payments can become surprisingly unaffordable. These television and print ads, however, are often marketed featuring reassuring celebrity spokesmen (Fred Thompson/ Tom Selleck). Revere mortgages ae loans that carry interest and fees and can look deceptively alluring but they usually are fraught with dangerous details. Reverse mortgages let borrowers, 62 or older, draw on the equity in their homes, and they can be useful for home owners who have little in retirement savings but have substantial equity. Borrowers can receive the funds in lump-sums, monthly payments or lines of credit and repayment is deferred until the borrower dies, moves out or sells the home.

In the advertisements, the companies promoted the loans as risk free, but the homeowners can easily default on these loans and lose the homes in foreclosure if they fail to make certain payments like property taxes, insurance or maintenance. That is what the CPFB was targeting when it levied these fines. The CFPB said that the companies were tricking consumers into thinking that they could never lose their homes through a reverse mortgage, a claim that the CFPB asserts is patently untrue. The companies did not admit or deny the allegations but they paid the fines.

Since its peak in 2009 the use of reverse mortgages has fallen dramatically. Only about 49,000 reverse mortgages were made between September 2015 and September 2016.

Filing a Personal Injury Lawsuit—The Standard of Care

slip and fallIf you’ve been hurt because of the actions of another person—in a motor vehicle accident, because of a dangerous or defective product, or in a slip and fall—you have a right to pursue compensation for your losses by filing a civil suit for damages. In most instances, the legal theory you’ll use to pursue monetary compensation will be based on allegations of negligence. The necessary elements of negligence are:

  • Breach of a duty to use reasonable care
  • Causation
  • Actual injury

This blog looks at the duty to reasonable care. To learn about causation or what constitutes actual injury, see those blogs.

The Standard of Care for Negligence

The principles of law governing negligence are generally not found in statutes, but in what is known as the “common law,” based on written opinions handed down by judges over the past few centuries. One of the fundamental concepts related to negligence is the assumption that all people have a duty, in everything they do, to exercise a certain level of care, so as not to put others at risk of injury or harm. Accordingly, whether you’re driving a car, erecting a building or set of stairs, manufacturing or marketing a product, or operating a power tool, it’s expected that you will act as a reasonable person would. If you don’t, you will be considered to have “breached” the duty of care.

That begs the question—how does the law define “reasonable care”? For the most part, it actually doesn’t. Both what constitutes reasonable care and whether the defendant exercised or breached the duty to exercise reasonable care are considered issues of fact, to be determined by the jury (or the judge, if there is no jury). Accordingly, what constitutes reasonable care may vary from case to case, based in the fact situation. Prior cases addressing similar fact situations typically act as precedent…a court can conclude that because a prior jury found certain behavior unreasonable, it does as well. But ultimately, it’s an issue of fact that is not subject to appeal.

Once you’ve established the breach, you must then show that the wrongful act caused injury.

Contact the Law Office of Shaffer & Gaier, L.L.C.

At Shaffer & Gaier, we offer a free initial consultation to every client. To set up an appointment, contact us online or call our office in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970. Evening and weekend meetings can be arranged upon request. We will travel to your home, if necessary, to meet with you.

How Long Do You Have to Sue?

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The Statute of Limitations | Personal Injury Lawsuits

Under the laws of Pennsylvania, when you have been hurt because of the carelessness of negligence of another person, there’s a limited amount of in which you can file a lawsuit to recover for personal injury and/or property losses. The statute that sets forth this time limit is known as the statute of limitations. The statute can be extended, but only in extremely limited situations, so it’s important that you take swift action to retain legal counsel, so that your attorney can gather, assess and preserve evidence, and can file your claim before the expiration of the statute.

In Pennsylvania, the statute of limitations for filing a personal injury action is two years. As a general rule, the statute begins to run on the date of your injury. However, if you were involved in an accident, but did not know at the time that you had suffered any injury, or did not know that a specific defendant’s actions caused an injury, the running of the statute will be “tolled,” or suspended until your discovery of the injury and/or the fact that a certain defendant caused the injury. It’s not uncommon, in cases involving toxic torts or other unseen dangers, that injury or illness not manifest until years or decades after exposure. In those types of situations, a court may be inclined to toll the statute until the discovery of either the injury or its cause.

There are other instances where the statute of limitations may be tolled:

  • If the injured party lacks legal capacity—is a minor, mentally ill or insane—the statute may be tolled until the party has capacity, although it’s not required
  • If a defendant has left the jurisdiction, you may be able to suspend the statute of limitations until his or her return

Contact Us

To schedule a private meeting with an experienced personal injury attorney, call our foreclosure hotline at 855-289-1660 or e-mail us . Evening and weekend meetings can be arranged upon request. We will travel to your home, if necessary, to meet with you.

Sushi Chef Sues SEPTA for Setback

Train leaving station

A 55-year-old sushi chef from Queens, Hing Piu Wong, has filed suit against the Southeast Pennsylvania Transportation Authority (SEPTA), alleging that the mass transit authority was negligent and caused him injury.

According to documents filed by Wong in his hometown of Queens, Wong was traveling on a SEPTA train from Philadelphia to Claymont, Delaware on October 20, 2015. Wong alleges that, when he arrived in Claymont and tried to disembark, he discovered that the train was leaning away from the platform, causing a significant gap. Nonetheless, he tried to span the gap and leave the train, but fell on the platform, dislocating his right wrist. Wong further alleges that, at the time of the injury, he was working as a sushi chef. Because of the pain associated with the injury, and because he required two surgeries to repair the damage, he was forced to give up his job.

For the time being, it appears that the lawsuit will remain in the Queens court. Under New York law, a New York court has appropriate jurisdiction over a defendant if the defendant is an out-of-state entity conducting business in the state. SEPTA attorneys had asked the Queens court to dismiss the complaint, arguing that SEPTA did not serve New York. The court, however, denied the motion to dismiss, citing the fact that SEPTA sells tickets from a window at New York’s Penn Station.

SEPTA had also argued that litigating the action would be more convenient for all parties in Pennsylvania, but the Queens court disagreed, finding that Wong’s inability to speak English would make it a greater hardship for him to have to pursue legal action elsewhere.

Contact the Lawyers at Shaffer & Gaier, L.L.C.

For a free initial consultation, send us an e-mail or call us in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970. You can also reach our foreclosure hotline at 855-289-1660. Evening and weekend meetings can be arranged upon request. We will travel to your home, if necessary, to meet with you.

Snow Blowers Still Causing Injury Despite Recall

Foot soft splint for treatment of injuries from tendon inflammat

It’s January in Pennsylvania—it would be pretty unusual not to have snow on the ground. Shoveling’s pretty hard work, so why not fire up the snow blower? Before you do, though, take a good look at the brand. If it’s an MTD Snow Thrower and you’ve had it for a while, there’s a good chance that it could be extremely dangerous to operate. The MTD Snow Thrower was subject to voluntary recall some 10 years ago, but company officials acknowledge that a significant number of the machines have not been returned and still pose a serious risk of injury.

According to court documents filed against MTD, the manufacturer, more than 130,000 snow blowers manufactured by the company had tire rims that were extremely dangerous. The rims were made of a plastic material, and when users overinflated the tires on the snow blower, the air pressure had a tendency to cause the rims to explode, sending plastic shrapnel flying through the air. Sources say that hundreds of owners have reported a wide range of injuries, from cuts and bruises to broken bones, including fingers and toes. Company officials say the snow blowers were sold through Sears, Home Depot and other hardware outlets. The Sears product carried the Craftsman logo.

Contact the Law Office of Shaffer & Gaier, L.L.C.

If you or someone you love has been hurt because a consumer product was negligently designed or poorly manufactured, you have a right to pursue compensation from anyone in the chain of distribution. Let us help.

At Shaffer & Gaier, we offer a free initial consultation to every client. To set up an appointment, contact us online or call our office in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970. Evening and weekend meetings can be arranged upon request. We will travel to your home, if necessary, to meet with you.

Medical Malpractice Suits Involving Cauda Equina

Medical Malpractice Suits Involving Cauda Equina

malpractice-s

Have you been experiencing lower back pain or sciatica? Have you had numbness or weakness in one or both legs that has made it difficult for you to get up from a chair, or caused you to stumble? Have you lost sensation around your genitals or buttocks? Have you had bladder, bowel or sexual dysfunction? You may have cauda equine syndrome, a neurological disorder caused by an injury to the nerve roots that exit the spinal cord.

The symptoms of cauda equine can generally be reversed, if treated before they become too pronounced. Unfortunately, even though testing is pretty simple, the signs are often missed by doctors until it’s too late. In some instances, a doctor may be able to diagnose cauda equine through a physical exam, but an MRI, a myelogram or CT scan will all help with the diagnosis.

According to experts, there’s about a 48 hour window during which the effects of cauda equine can be reversed. The typical treatment calls for immediate surgical decompression, where doctors operate to alleviate pressure. In some instances, where there’s swelling around the base of the spine, you may need corticosteroids or antibiotics as well.

The types of injuries tied to cauda equine (Latin for "horse’s tail") are often very serious, including paralysis, drop feet, incontinence and considerable neurological pain. Cauda equine can be caused by any number of factors, including:

  • Blunt trauma to the lower back, or lumbar spine injury in a car accident
  • A ruptured disck
  • Spinal stenosis (a narrowing of the spinal canal)
  • A tumor or lesion on the spine
  • An infection or inflammation in the lower spine

Contact Us

To schedule a private meeting with an experienced personal injury attorney, call our foreclosure hotline at 855-289-1660 or e-mail us. Evening and weekend meetings can be arranged upon request. We will travel to your home, if necessary, to meet with you.

Hospital and Doctors Face Malpractice Action after Death of Twin

Hospital and Doctors Face Malpractice Action after Death of Twin

doctor-baby

The parents of an infant who died in 2014 have filed a medical malpractice lawsuit alleging that Capital Health Medical Center in Hopewell, as well as two doctors on staff there, were negligent in their treatment of the couple’s newborn son, causing the boy’s death. The lawsuit, filed by Jeffery and Jodi Freeman, of Yardley, Pennsylvania, also named The Center for Women’s Health, Lawrence OB-GYN Associates and four registered nurses as defendants.

According to the lawsuit, doctors and nurses on duty on August 21, 2014 failed to properly monitor and respond to the diminished heartbeat of the infant, the second of twins. They say that staff members then employed a vacuum delivery process, rather than caesarean or other methods that would have been less harmful to the child. After delivery, the child was diagnosed with perinatal asphyxia, caused by lack of oxygen and blood flow to the brain.

According to the complaint, Mr. Freeman was with his wife throughout the delivery process and "immediately recognized that malpractice …had occurred." The child was transferred to a neonatal intensive care unit shortly after birth, but was placed on life support for two days. He died hours after the life support was withdrawn.

Hospital officials expressed their condolences and said that they have considerable experience handling challenging and complicated deliveries. They insisted that all proper procedures were followed.

Contact the Lawyers at Shaffer & Gaier, L.L.C.

For a free initial consultation, send us an e-mail or call us in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970. You can also reach our foreclosure hotline at 855-289-1660. Evening and weekend meetings can be arranged upon request. We will travel to your home, if necessary, to meet with you.

Pennsylvania Lawsuit Looks at Liability of Texters

Pennsylvania Lawsuit Looks at Liability of Texters

personal-injury

In a personal injury law suit filed in Pennsylvania, the estate of a motorcyc list who died in a car accident has sought compensation from a female driver who was allegedly distracted by reading and answering text messages while driving. Pennsylvania state law prohibits anyone from sending or reading text messages while behind the wheel. But that’s not the issue before the court right now.

Attorneys for the estate have asked the court to consider whether two men (one was the driver’s husband) who were sending her text messages at the time of the crash may have liability as well. Both men have argued that Pennsylvania’s law does not impose liability on them. The court, however, concluded that simply because there is no law prohibiting sending text messages to someone you know is driving doesn’t mean you won’t have liability for any injuries they cause.

Under personal injury law, some types of liability may be established under a statute, where the violation of that law constitutes liability. However, the principles of the common law have long been applied in personal injury actions. This type of law, based on tradition and case law, sets forth the basic concepts of negligence. With a negligence claim, the court looks at whether or not the defendant had a duty to act in a certain way—what the law defines as "reasonable"—and whether that person’s actions violated that standard.

In the case in Pennsylvania, the court reasoned that, when a person knows that the recipient of their text messages is currently driving a motor vehicle, or has good reason to believe so, it is reasonable to expect that their text messages could distract that person from the task at hand—driving the vehicle. Accordingly, it is possible that they will have some responsibility for injury or death caused by the text message recipient.

Contact the Law Office of Shaffer & Gaier, L.L.C.

At Shaffer & Gaier, we offer a free initial consultation to every client. To set up an appointment, contact us online or call our office in Philadelphia at 215-751-0100, or in New Jersey at 856-429-0970. Evening and weekend meetings can be arranged upon request. We will travel to your home, if necessary, to meet with you.

Fannie Mae Is Getting More Detail On Borrowers Applying For Mortgages

Mortgage and down payment

Borrowers seeking home loans should know that many mortgage lenders will now be scrutinizing more detailed credit data. This is because Fannie Mae has revised its risk-assessment software to include an expanded version of a borrower’s credit report which will include more information about how a borrower has paid his or her credit card bills over the past two years. This change took effect on September 24, 2016. According to a product manager in Fannie Mae’s single-family homes division, this revision will help lenders predict whether borrowers are likely to repay their mortgage. In these new reports, lenders will be able to see the actual amount a potential borrower paid each month, over a 24-month period. Additionally, the lender can see if the borrower paid off a card balance in full each month, if they made just a minimum required payment and if they paid more than the minimum. Borrowers who pay in full or pay more than the minimum payment will be deemed as less risky. In addition to this new data, lenders will also be evaluating borrowers with other criteria, such as the borrower’s income/overall debt burden and the size of the loan relative to the property’s value.

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