Archive

Archive for January, 2009

Loan Modification Legal Issues to Watch Out for

January 27th, 2009
Matt Sparks asked:


If you are just starting a loan modification business, adding loan modification services to your existing business, or are about to do either, you will need to research and address several different legal issues before you begin. Every state has different rules and laws regarding modifications, so it’s best to find this stuff out beforehand, rather than after you’ve been fined or even arrested for breaking the law.

First off, you’ll want to find out who can do modifications in your state and who cannot. Are there any licensing or certification requirements? Are real estate brokers allowed to do modifications? Are mortgage brokers allowed to do modifications? Can you simply outsource an attorney to write the letters for you, while you just handle the sales and “processing” (i.e. you do everything but sign the pre-written letter that you send over to the attorney to print and sign)?

You’ll want to decide which states you want to do modifications in, and what the different licensing requirements are for each state. Furthermore, you may need to get special licensing or certification, and possibly submit to expensive audits, in order to do modifications on FHA and VA loans, so make sure you look into this before you agree to take on an FHA or VA loan modification.

Can you pay referral fees to just anyone in your state? How much are you allowed to pay? Can you pay referral fees to mortgage brokers and/or real estate brokers? Many state-level real estate and mortgage oversight boards and commissions can get really touchy about this issue, so make sure you don’t cross any lines you shouldn’t be crossing. What about referral fees to accountants, bankers, and financial planners? Many states have regulations about referral fees to these professionals too, so find out before you start throwing money around.

Be careful about who in your company has access to your clients’ personal files and information. For that matter, be careful about who even discusses these issues with your clients and their lenders, as your release forms will necessarily be pretty limited in their ability to protect you. Some states even require you to have locking filing cabinets and a certain level of firewall protection, password logins for you computers, and other internet safety before you can even begin your first modification.

Be aware that some states do not allow you to charge up-front fees for your services. Even if your state doesn’t care, you run the risk of a lawsuit by a frustrated client if the modification is unsuccessful, even if it’s not technically your fault.

Consider having an attorney draft some of your forms, including your Client Authorization, your Client Services Agreement, and any other disclaimer or important form. These are your only protection from lawsuits, so don’t let them be shoddy and loose. Spend the money to ensure that both you and your clients are fully protected. For that matter, you may even want to print this article up and take it to a local real estate attorney to help you answer these important questions. Your state real estate and/or mortgage commission may be able to help you as well.



Donald

Legal issues , ,

List of All Uscis (formerly Ins) Offices Nationwide and Consulates

January 16th, 2009
Manu Geol asked:


US Citizenship and Immigration Services (USCIS) is a part of the Department of Homeland Security, and performs some of the functions formerly carried out by the Immigration and Naturalization Service (INS), which was part of the Department of Justice. USCIS was created on March 1, 2003 from what was formerly the Immigration Services Division (ISD) of the INS, which is now abolished.

USCIS does processing of immigrant visa petitions, naturalization petitions and asylum and refugee applications. It also issues employment authorization documents (EAD) and grants lawful permanent resident status (green card), and citizenship to foreigners. It was created by the government to process applications more efficiently and effectively. Besides, improvement efforts have included reducing the backlog of applications, as well as providing customer service through different channels.

Following is the list of 83 USCIS District Offices and Sub-offices nationwide.

Agana, GU; Albany, NY; Albuquerque, NM; Anchorage, AK; Atlanta, GA; Baltimore, MD; Boise, ID; Boston, MA; Buffalo, NY; Casper, WY; Charleston, SC; Charleston,WV; Charlotte Amalie Charlotte, NC; Cherry Hill, NJ; Chicago, IL; Christiansted, VI; Chula Vista, CA; Cincinnati, OH; Cleveland, OH; Columbus, OH; Dallas, TX; Denver, CO; Des Moines, IA; Detroit, MI; Dover, DE; El Paso, TX; Fort Smith, AR; Fresno, CA; Greer, SC; Harlington, TX; Hartford, CN Helena, MT Honolulu, HW Houston, TX; Indianapolis, IN Jacksonville, FL Kansas City, MO Las Vegas, NV Los Angeles, CA; Louisville, KY Manchester, NH Memphis, TN Miami, FL Milwaukee, WI

New Orleans, LO New York City, NY Newark, NJ Norfolk, VA Oklahoma City, OK; Omaha, NE; Orlando, FL Philadelphia, PA Phoenix, AZ Pittsburgh, PA; Portland, ME Portland, OR; Providence, RI Reno, NV Rochester, NY; Sacramento, CA Saint Albans, VT Saint Louis, MO Saint Paul, MN Salt Lake City, UT; San Antonio, TX San Bernardino, CA San Diego, CA San Francisco, CA San Jose, CA; San Juan, PR Santa Ana, CA Seattle, WA Spokane, WA Syracuse, NY; Tampa, FL Tucson, AZ Washington, DC West Palm Beach, FL; Witchita, KS and Yakima, WA.



Virginia

NY LAW , ,

On the Fence Part Two: Legal Issues and Fence Building

January 11th, 2009
Eddy Kicker asked:


So you’ve decided that you need a fence, and even know what type of fence to want to build. Now you must consider the other issues involved, such as knowing where your property lines are, what building restrictions are in place, as well as the feelings of your neighbor. You need to take all of these things into account before you put nail to post, or you could have a costly disaster on your hands.

Something that you need to do before you start building is to have an updated land survey on hand. Already existing fences may or may not lie right along the property line, so don’t use them as a guide. Be sure of where your property ends and your neighbor’s begins.

Once you’ve located the boundaries, decide with your neighbor if you want it to sit on the property line. This would mean that both of you own the fence, and would be jointly responsible for building costs, maintenance, and repairs. You would also need to agree on the type of fence you choose. Negotiating a joint fencing project can be a tricky venture, as your neighbor may not want a fence in the first place, or want something wholly unsuitable for your needs. Or they may want the cheapest, most unattractive fence on the market. Be patient and polish off your negotiation skills. And be sure to handle discussions like an adult. You don’t want the building of a fence to come between you!

If you prefer to be more in control of your fencing options, you may decide to install the fence just a few inches away from the property line, thereby making it solely your responsibility. You must take care of all repairs yourself, but you also have autonomy over the design and materials used.

Even if you decide to own the fence outright, it is a good idea to take into consideration your neighbors’ needs in terms of view and privacy. You don’t want to block out all of their incoming sunlight, and in fact, you may have to remove or alter the fence if its presence affects your neighbor’s quality of life. While they can’t make you tear down a fence simply because it’s not to their tastes, having good neighborly relations means listening to their concerns.

You also want to assess your true needs for installing a fence. Make sure that your reasons are valid, like keeping neighborhood animals off your yard, or to have a little privacy in your backyard. The reason that this is important is because there is something called a “spite fence,” where a fence is put up that serves no other purpose than to irritate your neighbors. This can take the form of an ugly fence, or one that is high and imposing. If your neighbor feels that this is the case with your fence, and they can prove that you installed it with malicious intent, they may have legal standing to sue you to have it removed.

Another critical step is to obtain the necessary permits before putting up your fence. Some communities have ordnances in place which limit the size and style of fencing materials you can use. Know your local restrictions before you buy! If you don’t, you may end up with a giant headache and sizable expenses.

Adding a fence to your property can add definition, beauty, and safety. But there are issues involved that must be considered and dealt with before you build. First and foremost, talk to your neighbors and get their input. Compromising a little now can save you a lot of grief later.



Daniel Sauri

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Case Study: Murder—one Jurisdiction at a Time: the Case of Robert Ben Rhoades

January 11th, 2009
The American College of Forensic Examiners asked:


The case of Robert Ben Rhoades serves as an excellent example of the type and nature of case to which VICAP’s services would provide critical assistance and support. Rhoades is considered one of the most dangerous and notorious serial sex offenders and killers in the United States. Some investigators believe that he is responsible for at least 50, but possibly hundreds, of deaths. However, he has only been convicted of one homicide, for which he is serving a life sentence.

Rhoades was a professional long-haul truck driver, and his case dramatically demonstrates the sophistication of a criminal predator who can effectively defy law enforcement by taking advantage of fragmented law enforcement efforts, disconnected and detached data resources, and inconsistent investigative approaches.

On April 1, 1990, Trooper Mike Miller, an Arizona highway patrolman, observed a semi-tractor-trailer parked on the shoulder of I-10. As Miller approached the vehicle to offer assistance, he looked inside the 18-wheeler and observed a bound, nude, white female in the sleeper berth of the cab. A horse-type bit and bridle was in the mouth of the terrified victim, who was chained to the interior of the truck. Also in the sleeper berth was Robert Ben Rhoades, who, when surprised by the trooper’s advance, immediately exited the truck and tried to convince Miller that nothing was wrong. Rhoades stated that the events being discovered were consensual and a private matter.

While Miller tried to sort through the situation, he placed Rhoades under arrest, at which time he discovered Rhoades was in possession of a loaded .25 Caliber automatic pistol (Brandel, 1966). Rhoades was placed in the trooper’s vehicle and secured with a seat belt. By the time Miller had checked on the victim and returned to the squad car, Rhoades had managed to get the seat belt off and slip his handcuffed hands in front of him. Miller asked Rhoades if he had a handcuff key, to which Rhoades affirmatively replied. Miller took the key, re-cuffed Rhoades behind his back and through his belt, and stayed with him until backup officers arrived at the scene to assist.

After the terrified victim (later identified as Lisa Pennal) was released, she recounted her story of abduction and torture. She stated that she had accepted a ride with Rhoades at a coffee shop in Buckeye, Arizona. Although Pennal was difficult to interview and spoke in fractured sentences, the investigators learned of her transient lifestyle and current drug abuse. The investigator noted that though she was dressed in a skirt and shirt, on her feet she wore only slippers designed like a cartoon tiger.

The victim indicated that she had fallen asleep in the sleeper berth, only to awake as Rhoades was placing handcuffs on her wrists and ankles. She stated that Rhoades beat her with a whip, attached a chain around her neck, and attached spring-type clips to her nipples and vagina. It was unclear how long Rhoades had kept Lisa Pennal in this torture chamber, but the physical injuries on her body indicated that several events of whipping and torture occurred. During this ordeal, Rhoades told Pennal that he had been doing this to girls and women for 15 years.

Even though Rhoades was handcuffed and in custody, he remained calm. He made light of the mental capacity of the victim and tried to get the investigator to sympathize with him as he described her as the aggressor in the event, referring to her as a “lot lizard.” Alva Busch quotes Rhoades in the book Roadside Prey: “‘I can tell you, this girl is not playing with a full deck,’ laughed Rhoades, as if someone had told a joke . . ‘She ain’t wrapped too tight,’ chuckled Rhoades, ‘you don’t screw around with the women on the road. Not unless you want your dick to drop off, okay? . . . She wanted to go to bed. . . . I was dragging anchor. She was going back to bed.’ I said, ‘Go ahead.’ She started taking off her clothes, and I said, ‘What the $%^& and I let her’” (1996, pp. 58–62).

The victim, who was hysterical at times, showed evidence of sustained physical and sexual abuse, corroborating her story of captivation. Rhoades’ explanation began to fall apart as investigators discovered large amounts of bondage-type pornography and sexual assault materials in his truck. Rhoades’ account was not supported by the clues.

During the subsequent investigation, search warrants were executed on the cab of the semi-tractor truck and on Robert Ben Rhoades’ residence in Houston, Texas. The results of the searches revealed a briefcase containing whips, handcuffs, spring-type clips, a dildo, various items of women’s clothing, miscellaneous paperwork, and several photographs of a young white female in various poses, both nude and partially dressed.

There were Polaroid photographs of several women inside “open-roofed” vehicles, apparently taken from inside the trucker’s cab as the women passed him on the highway. These photographs were seized from Rhoades’ Houston apartment. There were also photographs of one particular victim (a teenage girl) in the sleeper berth of the trucker’s cab, in the outdoors, and in an abandoned barn-type structure. In this particular set of photographs, the victim was handcuffed, chained, and posing with a dildo and had the spring-type clips attached to her nipples.

The teenager in the photographs remained unidentified as far as the Robert Ben Rhoades case was concerned. Then, on September 29, 1990, the decomposed body of a young female was found in an abandoned barn near Greenville, Illinois. The cause of death was determined to be ligature strangulation. The victim was later identified as 14-year-old Regina Walters. Walters was reported as a runaway from Pasadena, Texas, nearly 8 months before her remains were discovered. At the time of the initial missing persons report, Walters had been in the company of an 18-year-old white male named Ricky Lee Jones. The two were reportedly hitchhiking to New Mexico. Ricky Lee Jones has not been located as of this writing.

Interestingly, the investigators working on the Rhoades case and the investigators working the Walters case in Texas and Illinois were each working independently of one another. Finally, through teletype and national databases, they started working together.

Tragically, Robert Ben Rhoades would remain a “single episode” until September 28, 1991, when he would be tied to the death of Regina Kay Walters. There were no photos of Ricky Lee Jones in Rhoades’ collection, but there was a journal entry in a small notebook found in Rhoades’ possession at the time of his arrest that states, “Ricky is a dead man” (Evidence, 1990). Police also recovered several items of clothing that belonged to Walters in the possession of Robert Ben Rhoades (1990).

Reflecting on the comment Rhoades had made that he had been “doing this for 15 years,” investigators looked more closely into his trucking records. They discovered that the murderous trucker had traveled extensively from the shores of the Pacific Ocean to the East Coast of New Jersey. He specifically traveled through Washington, Oregon, California, Arizona, Utah, New Mexico, Texas, Oklahoma, Missouri, Arkansas, Louisiana, Mississippi, Tennessee, Kentucky, Illinois, Indiana, Ohio, Pennsylvania, New Jersey, Virginia, Georgia, and Florida (Evidence, 1990).

Suddenly, the many missing persons, unidentified bodies, and unsolved homicide cases in each of those states took on new meaning. Law enforcement agencies began to share information about similar crimes and victims more generously than at any time before the incident. Since the Rhoades case broke, there have been many missing persons and unsolved homicide cases that have been attributed to Rhoades, but he has only been prosecuted for the death of Regina Walters.

This “single episode,” while not forgotten, joined the huge caseload of Detective Susan Trammell, receiving less investigative attention as leads cooled and time passed. During this same period of time, Rhoades continued to travel from one state to another. As the Rhoades saga progressed, information was discovered about another victim named Shana Holts, from January of 1990, who came into contact with Rhoades at a truck stop in San Bernardino, California.

Shana Holts escaped Rhoades’ torture and reported the terrifying incident, mirroring the events that Trooper Miller uncovered. Holts was so terrified of Rhoades that when she was faced with the prospect of identifying him after fleeing his vehicle, and then of having to testify against him, she declined to cooperate any further and the case was dismissed.

Other similar situations were discovered as time went on. Law enforcement agencies in many different parts of the United States had criminal abductions and possible homicide charges against Rhoades based on comparisons and travel routes. In each of those incidents, the individual agencies initially believed they were dealing with a single event, pertaining only to their jurisdiction. It was not until the final chapter of the Rhoades saga was written that each agency came to realize that its “single event” was the work of a sadistic serial rapist and murderer.

The Rhoades case has helped law enforcement agencies across the United States to see, in graphic detail, the value of cooperating, communicating, and coordinating their efforts in solving difficult criminal cases. If better information sharing and coordination had occurred, it might have dramatically reduced the number of victims who fell prey to Robert Ben Rhoades (Cooper & King, 2001).

This case is reviewed in more dramatic detail in the recently published book Predators: Who They Are and How to Stop Them (Cooper, King, & McHoes, 2007). Additionally, it is cited as a case methodology reference in the second edition of Analyzing Criminal Behavior II (Cooper & King, 2001). Another thorough review of the case is presented in the true crime novel Roadside Prey (Busch, 1996).

References

Cooper, G. M, King, M. R., & McHoes, T. (2007). Predators: Who they are and how to stop them. Amherst, NY: Prometheus.

Cooper, G. M. & King, M. R. (2001). Analyzing criminal behavior and victimology: Predators. Odgen, UT: IQ Design: Institute of Investigative Science.

Busch, A. (1996). Roadside prey. New York: Pinnacle Books.

The People of the State of Illinois v. Robert Ben Rhoades, No. 5-98-0821, (5th District Appellate Court of Illinois. July 13, 2001). n

THE FORENSIC EXAMINER Winter 2007 www.acfei.com

In the last issue, Greg Cooper wrote about the Violent Criminal Apprehension Program (VICAP), explaining its purpose and mission. In this issue, he presents a case study exemplifying how VICAP can help solve crimes.

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s Mugshot of Robert Ben Rhoades

(800) 423-9737 Winter 2007 THE FORENSIC EXAMINER

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States in which Rhoades was a suspect in killings

Arizona: The only state in which Rhoades was convicted

The Rhoades case has

helped law enforcement

agencies across the

United States to see, in

graphic detail, the value of

cooperating, communicating,

and coordinating their

efforts in solving

difficult criminal cases.”

In March of 1991, the Illinois State Police received this letter from Regina Walters’ mother:

Dear Sir:

In September 1990, the police in Illinois found the remains of Regina Kay Walters. She disappeared February 3, 1990, from Pasadena, Texas. She was only fourteen years old at the time, and my only daughter. At this time the police have not yet brought to justice the person who has done this to my child. Even though we did not live in Illinois, this case should still be kept open. No child’s death should be given up. It could happen again.

At that time, the police in Illinois asked us to keep this out of the media. We have done that and more. Just because you haven’t heard from us doesn’t mean we don’t care. We were trying to give you time to find Regina’s killer. Please don’t give up. What if it was one of your children? You couldn’t rest, knowing there is someone out there who took someone you loved, and don’t ever think we didn’t love Regina, because she was very much loved. So please don’t quit looking for the killer of Regina Kay Walters.

Sincerely,

Carolyn S. Walters

(Busch, 1996, pp. 137–138)

About the Author

ISBN 978-1-59102-506-1

THE FORENSIC EXAMINER Winter 2007 www.acfei.com

Greg Cooper, MPA, FBI (retired), Chief of Police (retired), started his criminal profiling career in 1986 with the FBI, Seattle Division. Just a couple of years later, he was promoted to field coordinator for the Criminal Profiling Unit at the FBI Academy in Quantico, VA, and then in Los Angeles, CA. In 1990 he was promoted to profiler with the Quantico unit, where he taught several classes at the FBI’s prestigious National Academy and supervised VICAP. In 1995, Cooper became the chief of police in Provo. Currently, he enjoys instructing courses and serving as an expert witness.

(800) 423-9737 Winter 2007 THE FORENSIC EXAMINER – published by Robert L. O’Block



Jerry

NY LAW , ,

New Online Legal Service Slashes the Cost of Your Legal Budget

January 6th, 2009
Mirium Taylor asked:


A new web site http://www.netlawman.com.au?sc=774 is set to revolutionise the provision of legal documents and legal advice in Australia .  Net Lawman provides fast access to hundreds of professionally written legal documents for all situations. 

                                                                                                                 

Net Lawman is not an automated service – it is staffed by approachable professionals with a vast range of practical experience and knowledge.  Whether documents and legal advice is being sought by business managers, business start-ups, professional services or consumers, all will appreciate the down-to-earth professionalism delivered in plain English. 

 

Documents come complete with guidance notes on both legal aspects, and practical, business issues to ensure that you can make best use of your document.  If you require further explanation, a pre-paid, low cost legal advice option is also available. There is also a wide range of free legal articles covering a wide range of topics keeping you updated on current legal issues.

 

“Many people are inhibited from seeking essential legal advice on straight forward matters of law because of cost, time or the sheer inconvenience of finding a parking space.  Net Lawman uses the same professional experts to deliver template documents cheaper and without the hassle ,” explains Net Lawman director Andrew Taylor.

 

The Net Lawman web site is easy to use and there is no complicated sign-up process – users can jump straight into buying the legal documents they need. It’s simply a cost-effective service which greatly reduces time and increases efficiency for small and medium sized businesses, making compliance with the law easy.

For more detailed information users should visit http://www.netlawman.com.au?sc=774

 

More about Net Lawman 

Net Lawman has been a provider of online legal services since 2002. 

 

Documents cover all aspects of law including ‘land and property’, ‘wills, trusts and probate’, ‘employment’, ‘commercial’, ‘e-commerce’, ‘agriculture’ and more.

 

Legal work is undertaken by a team in the UK , Australia and India .  They now operate similar sites in the UK , India , Scotland and Ireland , New Zealand and South Africa .  They plan another ten similar sites in the coming year.



Ryan

Legal issues , ,