Phillips & Garcia, P.C. Blog http://www.southcoastaccidentattorney.com/blog/ Phillips & Garcia, P.C. Blog en-us 2012 Phillips & Garcia, P.C., All Rights Reserved, Reproduced with Permission http://www.southcoastaccidentattorney.com/blog/ Fri, 18 May 2012 04:47:45 GMT Phillips & Garcia, P.C. Blog http://www.southcoastaccidentattorney.com/images/logoprint.gif http://www.southcoastaccidentattorney.com/blog/ <![CDATA[Pelletier Sexual Harassment Case Settles For $700,000]]> Kim Pelletier, the former Somerset highway department laborer who sued the Town for sexual harassment by her male highway department co-workers and whose trial received wide media coverage because of the sensational evidence presented at trial, has settled her sexual harassment lawsuit for $700,000. The case was set to be re-tried in New Bedford Superior Court on January 17, 2012.

The settlement writes the final chapter of a long, difficult saga for Ms. Pelletier. When asked about the settlement, Ms. Pelletier’s attorney, Carlin J. Phillips of Phillips & Garcia, P.C. stated, “It was time for the case to end and for people to start healing. Kim is a wonderful person who has suffered tremendously throughout this whole process. I am glad for Kim that the case is now over and she can move on with her life.” Phillips also noted the bitter sweet aspect of the settlement. “We will always wonder what the second jury would have done with the case in the retrial. When you work this long and hard on a case for such a great client -- starting out before a caring Superior Court jury, up to the state’s highest court and then back down to the trial court – it is difficult to just let go of the case without completing the process and conducting the second trial.”


Read the full OFFICIAL PRESS RELEASE 

]]> http://www.southcoastaccidentattorney.com/blog/pelletier%2Dsexual%2Dharassment%2Dcase%2Dsettles%2Dfor%2D700%2D000%2Ecfm www.southcoastaccidentattorney.com-73340 Wed, 18 Jan 2012 08:00:00 GMT <![CDATA[Massachusetts Attorney General’s Foreclosure Lawsuit Applauded by Private Consumer Attorneys]]>

On December 1, 2011, Massachusetts Attorney General Martha Coakley filed a 57 page lawsuit in Massachusetts Superior Court alleging that the BOA, JPMorgan Chase, Citibank, GMAC, Wells Fargo and MERS engaged in unfair and deceptive practices when foreclosing on homes in Massachusetts.  The lawsuit, which makes claims under Massachusetts consumer protection statute, contains three main claims against the nation’s largest lenders and servicers:

1) Instituting foreclosure before being assigned the mortgage which gave them the legal standing to foreclose
2) Creating false documentation to facilitate foreclosures, i.e. robo-signing 
3) Misrepresenting the loan modification process, deceptively implementing the loan modification process and deceiving borrowers regarding the foreclosure proceedings.

 

As consumer lawyers fighting every day for the rights of borrowers, we applaud the filing of Attorney General Coakley’s lawsuit.  In our individual cases against the banks and servicers, we have been dealing with all of the issues raised in the AG’s lawsuit.  Most recently, we have been trying to convince judges that lenders and servicer cannot proceed in any fashion against the borrower’s property without first establishing that they hold an effective assignment at the time they institute any type of foreclosure or seizure action.  Some courts are only now starting to really pay attention to these basic legal arguments.  We hope that the AG Coakley’s complaint will help educate the public and courts to these issues which we see to often in our consumer lawsuits. 

Read the 57 Page Lawsuit

]]> http://www.southcoastaccidentattorney.com/blog/massachusetts%2Dattorney%2Dgenerals%2Dforeclosure%2Dlawsuit%2Dapplauded%2Dby%2Dprivate%2Dconsumer%2Dattorneys%2Ecfm www.southcoastaccidentattorney.com-70632 Wed, 07 Dec 2011 08:00:00 GMT <![CDATA[4 Million Borrowers May be Eligible for Review of Foreclosures]]> A massive independent review of foreclosures between 2009 and 2010 has begun, making it possible for 4 million borrowers to potentially seek out compensation for foreclosure errors and misconduct. On Tuesday, November 1, 2011, federal regulators required the nation's largest mortgage servicers to begin mailing letters to potential victims. 14 mortgage servicers are required to correct their mistakes including Bank of America, Wells Fargo & Co., J.P. Morgan Chase & Co., and Citigroup. 

Eligible borrowers will be mailed a letter by December 31, 2011 explaining the independent review process. More information can be found at the official website. http://www.independentforeclosurereview.com/

 

The review process began a year ago in an attempt to investigate wrongful foreclosure practices including the use of robo-signing. For an explanation of the robo-signing crisis we have provided a video below. 

 

]]> http://www.southcoastaccidentattorney.com/blog/4%2Dmillion%2Dborrowers%2Dmay%2Dbe%2Deligible%2Dfor%2Dreview%2Dof%2Dforeclosures%2Ecfm www.southcoastaccidentattorney.com-67954 Wed, 02 Nov 2011 08:00:00 GMT <![CDATA[New affiliated websites]]> Blended Family Estate Planning.

This site was created to help local families in Massachusetts protect their children and assets with the proper legal planning. We have created "Blended Family Estate Planning" for all types of families and situations including but not limited to second marriages, committed relationships, same sex marriages, business families, and partnerships.

If you would like to learn more please visit the new site! http://secondmarriageestateplanning.com  ]]> http://www.southcoastaccidentattorney.com/blog/new%2Daffiliated%2Dwebsites%2Ecfm www.southcoastaccidentattorney.com-66708 Thu, 13 Oct 2011 08:00:00 GMT <![CDATA[Mortgage Deficiency]]>

What is a mortgage deficiency? Andrew Garcia explains in the 6th episode of "2nd Marriage Estate Planning."

Answer: The difference between the mortgage amount, in this case regarding a short sale, and the sales price. If you have a mortgage amount of $200,000.00 and a sales price of $150,000.00 then your deficiency is $50,000.00.

Watch Episodes 1-5
4. Will a bank approve a short sale and why?
5. Is my new spouse responsible for my debt? 
]]> http://www.southcoastaccidentattorney.com/blog/mortgage%2Ddeficiency%2Ecfm www.southcoastaccidentattorney.com-64215 Thu, 08 Sep 2011 08:00:00 GMT <![CDATA[Is my new spouse responsible for my debt in Massachusetts?]]>

Ep. 5 of "2nd Marriage Estate Planning" answers the question of debt and remarriage. Attorney Andrew Garcia, Phillips Garcia Law of Dartmouth, MA explains.

Is a new spouse responsible for my debt, now that we are married?

The simple answer is no, BUT, there are many factors involved that could vary for everyone. 


Watch the rest of the series on our Youtube Channel
http://www.youtube.com/user/PhillipsGarcia?feature=mhee


 ]]> http://www.southcoastaccidentattorney.com/blog/is%2Dmy%2Dnew%2Dspouse%2Dresponsible%2Dfor%2Dmy%2Ddebt%2Din%2Dmassachusetts%2Ecfm www.southcoastaccidentattorney.com-64098 Wed, 07 Sep 2011 08:00:00 GMT <![CDATA[Will a Massachusetts bank approve a short sale?]]>

Will a Massachusetts bank approve a short sale and why? Episode 4 of "2nd Marriage Estate Planing" continues to answer our viewers short sale and debt question. Will my new spouse now be responsible for my debt?

Why would a bank want a short sale? 
Answer: So that they do not have to go through the foreclosure process as well. They will not have to carry the debt on their books and there may be a government insurance protecting them from losses. Ultimately, it will no longer be their problem. 
Episode Guide:





 
]]> http://www.southcoastaccidentattorney.com/blog/will%2Da%2Dmassachusetts%2Dbank%2Dapprove%2Da%2Dshort%2Dsale%2Ecfm www.southcoastaccidentattorney.com-64001 Tue, 06 Sep 2011 08:00:00 GMT <![CDATA[Should I short sell my Massachusetts home?]]>

Episode 3 of "2nd Marriage Estate Planning" where Andrew Garcia continues to answer a viewer's questions regarding her debt due to a short sale in Massachusetts. Does her debt now lie on the shoulders of her new husband as well? To find out the answers to these questions watch our mini-series "2nd Marriage Estate Planning."

Episode 1 - What is a short sale?
Episode 2  - What happens during a short sale?]]> http://www.southcoastaccidentattorney.com/blog/should%2Di%2Dshort%2Dsell%2Dmy%2Dmassachusetts%2Dhome%2Ecfm www.southcoastaccidentattorney.com-63661 Thu, 01 Sep 2011 08:00:00 GMT <![CDATA[What happens during a Massachusetts short sale?]]>

The second episode of our series "2nd Marriage Estate Planning" for Massachusetts residents. Attorney Andrew Garcia of Phillips Garcia Law has extensive knowledge and expertise in family estate planning, second marriage law, wrongful foreclosure, business law, and personal injury.


Episode 2 explains the process of a Massachusetts short sale by answering: What happens duing a Massachusetts short sale?.

To speak with Andrew or another attorney fill out the contact form and we will help you out immediately. 


Call PhillipsGarcia Law at 888-449-5343  


You can watch more videos from Phillips Garcia Law on their Youtube Channel.

]]> http://www.southcoastaccidentattorney.com/blog/what%2Dhappens%2Dduring%2Da%2Dmassachusetts%2Dshort%2Dsale%2Ecfm www.southcoastaccidentattorney.com-63572 Wed, 31 Aug 2011 08:00:00 GMT <![CDATA[What is a short sale in Massachusetts]]>

The first episode of our series "2nd Marriage Estate Planning" for Massachusetts residents. Attorney Andrew Garcia of Phillips Garcia Law has extensive knowledge and expertise in family estate planning, second marriage law, wrongful foreclosure, business law, and personal injury.


Episode 1 thoroughly explains Short Sales in Massachusetts. To speak with Andrew or another attorney fill out the contact form and we will help you out immediately. 


Call PhillipsGarcia Law at 888-449-5343  

You can watch more videos from Phillips Garcia Law on their Youtube Channel.

 

]]> http://www.southcoastaccidentattorney.com/blog/what%2Dis%2Da%2Dshort%2Dsale%2Din%2Dmassachusetts%2Ecfm www.southcoastaccidentattorney.com-63500 Tue, 30 Aug 2011 08:00:00 GMT <![CDATA[Soldier returns home from Iraq to foreclosure]]>

Currently under the Service Members Civil Relief Act, active-duty soldiers are protected against foreclosure unless the foreclosure is court ordered. In this specific case, JP Morgan is foreclosing on the home of Soldier Aaron Collette who lives with his father, Tim Collette. Since Aaron is not the owner of the home, this case does not fall under the current Service Members Civil Relief Act, allowing JPMorgan to follow through with the repurchasing of Tim Collette's home.

In previous articles reporting on this case, Tim feared about his son worrying about having a home upon return from Iraq rather than focusing on his mission and survival. It seems as though Tim's fear had come true.

"To have to worry about if he is going to be in a house when i come home," Aaron Collette told KTVZ, "it's just always worries me." 

The day Aaron returned home from duty, JP Morgan repurchased the home. 

Collette is not the only soldier involved in controversial military-related foreclosures. Recently the Justice Department agreed to a $22 million settlement with Bank of America's Saxon Mortgage Services to provide help for 170 active-duty service members who have fallen victim to imporper foreclosure proceedings. 
 
Find out more information about military-related foreclosures below or call us at 888-449-5343, we would be happy to help you.

 http://www.huffingtonpost.com/2011/05/26/improper-military-foreclosures-justice-department-settles_n_867804.html

 http://www.huffingtonpost.com/2011/06/09/foreclosed-from-iraq-chase-bank_n_874534.html
]]> http://www.southcoastaccidentattorney.com/blog/soldier%2Dreturns%2Dhome%2Dfrom%2Diraq%2Dto%2Dforeclosure%2Ecfm www.southcoastaccidentattorney.com-63242 Fri, 26 Aug 2011 08:00:00 GMT <![CDATA[Do Fall River Residents Billed By MassDOT for Railroad Use Owe the State?]]>
The ownership and use of old, abandoned railway corridors is not as simple as it would appear.  Whether or not the State gets to collect "rent" or  "use fees" depends on what it bought from CSX.  Many times the railroad land under the tracks is not owned by the railroad.  Railroads typically acquire the right to build and construct railroad corridors in two different ways: 1) they buy the land (in fee simple) from the people who own the land, or 2) they purchase a right of way over the land, where the railroad is unable to purchase the land free and clear. 

Being granted a right of way over land to construct and maintain a railroad is drastically different than owning the land under the tracks free and clear.  By accounts in the article, the last train rolled through this area of Fall River 35 years ago.  It appears as though the tracks have long been abandoned and any right of way or easement had  been extinguished years ago.   Moreover, the right of way to construct and maintain a railroad is limited.  Clearly the MassDOT does not intend to have trains run on these tracks.  What right does the MassDOT have to charge rent on a long extinquished right of way?

Finally, Massachusetts has a law (a state statute) which addresses the ownership of narrow strips of land abutting larger parcels of land.  The law specifically applies to railroad land (see Rowley v. Massachusetts Electric) and gives ownership to the abutting land owners.  The situation concerning the MassDOT charging Fall River residents "rent" for use of what it claims is it's railroad land or right of way needs to be closely scrutinized by intense examination of the recorded deeds, starting with the initial acquisition of each abutting parcel of land by the railroad. The MassDOT needs to show each resident that it has a legal right to charge "rent."  It is a basic rule of property law that the State could only purchase what CSX owned.   The State owes the abutting residents an answer, especially since many of them, as good citizens and community members, maintained this abandoned land for years, mowing, clearing overgrowth and cleaning up the trash on land long neglected by the railroad.

Phillips & Garcia are Dartmouth-based trial lawyers handling individual and class action litigation in Bristol County. 508-998-0800.]]> http://www.southcoastaccidentattorney.com/blog/do%2Dfall%2Driver%2Dresidents%2Dbilled%2Dby%2Dmassdot%2Dfor%2Drailroad%2Duse%2Dowe%2Dthe%2Dstate%2Ecfm www.southcoastaccidentattorney.com-60477 Mon, 25 Jul 2011 08:00:00 GMT <![CDATA[What happens during a wrongful foreclosure, illegal lock-out and trash-out?]]>

If you have experienced a wrongful foreclosure, illegal lock-out or trash-out, contact us immediately by calling our toll free number: 888-449-5343 or fill out the CONTACT FORM]]> http://www.southcoastaccidentattorney.com/blog/what%2Dhappens%2Dduring%2Da%2Dwrongful%2Dforeclosure%2Dillegal%2Dlockout%2Dand%2Dtrashout%2Ecfm www.southcoastaccidentattorney.com-58915 Thu, 07 Jul 2011 08:00:00 GMT <![CDATA[What is an Adjuster?]]>

An insurance company employee or representative assigned to manage, handle and evaluate a personal injury or property damage claim.


Learn more about legal terms by visiting our FAQ section of this site or call us toll free at 888-449-5343. You can also speak to us about your legal needs by filling out the contact form to the right.
]]> http://www.southcoastaccidentattorney.com/blog/what%2Dis%2Dan%2Dadjuster%2Ecfm www.southcoastaccidentattorney.com-57789 Wed, 22 Jun 2011 08:00:00 GMT <![CDATA[How long will it take for my case to get to trial?]]>


Andrew: How long is it going to take my case to go through court and to trial?
Carlin: We get this quesiton all the time and the answer is it depends what court house we file your case in.

Federal Court: Estimated time 1 - 1.5 Years

  1. 1. File a complaint.
  2. 2. Defendent answers or motions.
  3. 3. Scheduling conference where judge sets course for entire case.

State Court: Estimate time 1.5 - 2 years

Watch the video above for more information or contact us and we would be happy to help you. Call us at 888-449-5342 or email info@phillipsgarcia.com

]]> http://www.southcoastaccidentattorney.com/blog/how%2Dlong%2Dwill%2Dit%2Dtake%2Dfor%2Dmy%2Dcase%2Dto%2Dget%2Dto%2Dtrial%2Ecfm www.southcoastaccidentattorney.com-57593 Mon, 20 Jun 2011 08:00:00 GMT <![CDATA[What is a lawsuit?]]>

Carlin Phillips of Phillips Garcia Law explains what exactly a lawsuit is and it's process. To find out more information on lawsuits or if you would like to speak with Carlin or another attorney fill out the contact form to the right or call us at 888-449-5343.
]]> http://www.southcoastaccidentattorney.com/blog/what%2Dis%2Da%2Dlawsuit%2Ecfm www.southcoastaccidentattorney.com-57371 Fri, 17 Jun 2011 08:00:00 GMT <![CDATA[When can a bank seize my home?]]>

Transcript:

Lockouts by a bank are only legal when the property has been abandoned or when there is a legitimate danger to the property.

What exactly constitutes abandonment?

There has to be clear evidence that the property has been abandoned by you. Going away for a long weekend is not abandonment, even moving out of the house to sell it is not abandonment. There has to be an intent to no longer own the property to constitute abandonment.

For more information fill out the contact form, to the right of your screen, or call us at 888-449-5343.]]> http://www.southcoastaccidentattorney.com/blog/when%2Dcan%2Da%2Dbank%2Dseize%2Dmy%2Dhome%2Ecfm www.southcoastaccidentattorney.com-57355 Thu, 16 Jun 2011 08:00:00 GMT <![CDATA[Massachusetts Texting and Driving Laws]]>

 

In this post we will explain something probably every teenager and many grown ups are guilty of:

TEXTING AND DRIVING.

 

As I’m sure many of you are aware, Massachusetts has adopted a law against specific phone uses while driving, due to the surge of accidents and even deaths caused by texting, web surfing, and reading or writing e-mails over the phone while operating a motor vehicle.

 

Under the Massachusetts Law, as of September 30, 2010, reading or writing texts, surfing the web, and reading or writing e-mails are all considered a Civil Offense EVEN WHILE STOPPED AT A STOP SIGN.

The Penalties are as follows (FOUND ON THE COMMONWEALTH CONVERSATION WEBSITE)


Civil Offense-No insurance surcharge


(Operators cannot use any mobile telephone or handheld device capable of accessing the Internet to write, send, or read an electronic message including text messages, emails, and instant messages or to access the Internet while operating a vehicle. Law applies even if the vehicle is stopped in traffic.)


1st offense-$100

2nd offense-$250

3rd or subs offense-$500

 

The laws also state that a Junior Operator (driver under the age of 18) is prohibited from using cellular phones all together.


Ch 90/8M- Use of a Mobile Phone or Mobile Electronic Device by a Junior Operator


Civil Offense- No Surcharge


(Mobile electronic device includes mobile telephone, text messaging device, paging device, PDA, laptop computer, electronic equipment capable of playing video games or video disks or can take/transmit digital photographs or can receive a television broadcast. Mobile electronic device does not include any equipment permanently or temporarily installed to provide navigation, emergency assistance or rear seat video entertainment. Reporting an emergency is the only exception. Drivers are encouraged to pull over and stop the vehicle to report the emergency.)


1st offense-$100, 60 day license suspension & attitudinal course

2nd offense-$250, 180 day suspension

3rd or subs offense-$500, 1 year suspension

 

The above information is provided by the Massachusetts Transpotation Blog which you can find here. If you have any more questions regarding driving laws or would like to meet with an attorney at Phillips & Garcia Law please fill out a contact form to the right or give us a call at 888-449-5343. You can also email us at info@phillipsgarcia.com.

]]> http://www.southcoastaccidentattorney.com/blog/massachusetts%2Dtexting%2Dand%2Ddriving%2Dlaws%2Ecfm www.southcoastaccidentattorney.com-57359 Thu, 16 Jun 2011 08:00:00 GMT <![CDATA[Teen Driving: Who's Liable If My Teen Drives My Car?]]>

For more information on choosing the proper insurance for your family, download our free book or contact us. You can also call us 888-449-5343 or email info@phillipsgarcia.com


]]> http://www.southcoastaccidentattorney.com/blog/teen%2Ddriving%2Dwhos%2Dliable%2Dif%2Dmy%2Dteen%2Ddrives%2Dmy%2Dcar%2Ecfm www.southcoastaccidentattorney.com-57368 Thu, 16 Jun 2011 08:00:00 GMT <![CDATA[Bank of America Finally Pays Florida Couple]]>
Yesterday's blog post tells the story.

Today we have found out more specifics regarding Bank of America's response. The bank finally wrote a check to Warren and Maureen Nyerges, when the couple arrived at a local branch with a deputy and attorney ready to seize all of the bank's property. They were orginally due to recieve a court ordered $2,534 for legal fees, but after giving Bank of America a little taste of their own medicine the couple was given a check totaling $5,772.88, in order to compensate them for the delay.

In response, Bank of America made a statement apologizing to the couple and blamed the delay in payment on an outside attorney who is no longer in business. 



Here, at Phillips & Garcia, we are also helping people who have faced wrongful foreclosures and/or trash-outs. We currently represent a woman, who was wrongfully foreclosed on as well as trashed-out. In fact, she accuses Bank of America of disposing of her late husbands ashes. You can learn more about this case below and in our recent post here.



If you would like to learn more about Wrongful Foreclosures or would like to tell us your story, fill out the contact form to the right or call us at 508-998-0800. We can help you.
]]> http://www.southcoastaccidentattorney.com/blog/bank%2Dof%2Damerica%2Dfinally%2Dpays%2Dflorida%2Dcouple%2Ecfm www.southcoastaccidentattorney.com-56598 Tue, 07 Jun 2011 08:00:00 GMT