Posted On: June 28, 2009

Chicago Mortgage Fraud Indictments

According to the "Examiner" 41 defendants have been charged with mortgage fraud. The mortgage fraud indictment alleges there were several schemes in which the defendants inflated the values of dilapidated homes. This is common throughout many federal indictments. There is a scenario in which an appraisal shows the value of a property being extremely over inflated. The loan is rendered based on this inflated value. After the sale of the property, no payments are made and the seller walks away with the profit free and clear. The buyer allows the property to go into foreclosure. Many years ago this would not have been the basis for a federal indictment, but in todays environment the banks are pointing fingers at everyone for this home foreclosure epidemic. This Chicago case is against several key players to many mortgage fraud cases. There are mortgage brokers, loan officers, real estate investors, appraisers, attorneys, and the president of a title company. With this number of individuals there will be a rush to cooperate with the government. First to cooperate may make the best deal to testify against the rest of the defendants.

The government will make every effort to recoup the money that the banks will allege they have lost because of this group. The amount of money that is alleged to have been fraudulently obtained will be critical in determining what type of prison exposure these defendants will face at a sentencing. There is a strong possibility that this investigation has been on going for over a year and the Federal Bureau of Investigation (FBI) has done an extensive review of the bank statements and closing documents related to the property transactions. The federal defense attorneys representing these defendants would be well served to communicate at some level to see if they may have the ability to defend the case in trial. Many times it will be just one defendant that can sink the rest by his/her statements to the government in a mortgage fraud case.

Investigation of a mortgage fraud case is never a quick process and the government will be sure to gather as many documents as possible prior to the indictment. Document organization and clarification will help to ensure that a defendant is not carelessly taken down with a group.

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Posted On: June 19, 2009

Robin Wright Penn files for Divorce from Actor Sean Penn

Oscar award winning actor Sean Penn and actress Robin Wright Penn have initiated divorce proceeding for the third time in the past few years. The couple has been married since 1996, and have been together since 1989. They have two children together, and according to reports, the couple has already agreed to share custody of their children Even though the couple has agreed to joint custody, the remaining issues that will have to be addressed include alimony, child support, and distribution of the marital assets.

According to local newspapers in California, Robin Wright Penn is not seeking spousal support or alimony from her husband. However, she would most likely be entitled to alimony because they have been married for a long time, over thirteen years, especially if Sean Penn's income is substantially high. When deciding whether to award alimony, the courts consider many factors, including the duration of the marriage, the standard of living of the couple, distribution of the marital property, age of the parties, and other sources of income. These factors are also considered in South Carolina Divorce cases in which alimony is at issue.

Sean Penn and Robin Wright Penn are both famous actors, and therefore, have generated a substantial amount of marital property that must be divided. The couple has apparently settled many of the issues related to the division of the assets out of court. Wright Penn has reported that the marriage is officially over, but the pair has a history of reconciliation.

However, if the couple could not reach a divorce settlement and lived in Horry County South Carolina, they would have to attend mediation before proceeding to a final hearing. In Horry County, including Conway, and Myrtle Beach, mediation is mandatory for all domestic cases. Usually, the mediator is a divorce attorney in Horry County who is certified to conduct mediation. Most divorce lawyers in the Myrtle Beach area agree that mediation can be beneficial to both parties.

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Posted On: June 5, 2009

Marital Settlement Agreement

The South Carolina Court of Appeals finds that a husband's failure to provide documentation from the Uniform Gifts to Minors Act accounts constituted a breach of the marital settlement agreement. The court held the husband in contempt for failure to attend the show cause hearing. The South Carolina divorce attorney that represented the husband appealed the case. The court of appeals held that the defendant may not seek to appeal the marital agreement while he is on fugitive status. The appeal of the family court order was based on the fugitive disentitlement doctrine. This doctrine allows for an appellate court to deny access to its' review power when an appellate is a fugitive and the fugitive status is directly related to the case that is being appealed.

The divorce attorney handling the appeal was most likely trying to help a client that refused to come before the court and face the judge for failing to pay under the South Carolina marital settlement agreement.

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