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Ga. court ruling could tighten foreclosure rules
Topics in Legal News |
2012/08/08 12:22
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A court ruling in Georgia could force those foreclosing on homes to disclose who actually owns the loan.
The Atlanta Journal-Constitution reports that the July 12 ruling by the Georgia Court of Appeals applies mostly to foreclosures that happened from 2008 to 2011. It could leave banks vulnerable to lawsuits filed by those who lost their homes. It could also have consequences for ongoing foreclosures.
The ruling last month said that the name of the owner of a mortgage must appear in foreclosure filings and notices sent to delinquent borrowers. The notice must also reflect whether it was sent by the secured creditor or someone acting on the creditor's behalf.
Many lenders sell their loans to mortgage services that handle paperwork but don't own the loans.
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Court spurns religious claim to name change
Topics in Legal News |
2012/08/03 19:29
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An appeals court has rejected a Kansas man's claim that the federal justice system's refusal to recognize his new Muslim name violates his constitutional religious rights.
The 10th U.S. Circuit Court of Appeals ruled Tuesday that Michael White failed to show it was unreasonable to deny his request to amend all records in his criminal case.
A lower court held that replacing the name Michael White with Abdul Hakeem Kareem Mujahid in all federal court records would create confusion.
Mujahid is serving 10 years at a prison in Colorado for killing another inmate at the U.S. Penitentiary in Leavenworth. A Kansas court granted his petition to change his name in December 2010. |
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Wis. town barred from beefing up farm water rules
Topics in Legal News |
2012/07/11 15:33
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The Wisconsin Supreme Court ruled Wednesday that a rural town lacksthe authority to impose tougher water-quality standards on a livestockfarm than the state requires.Magnolia, a community about 30 miles south of Madison, granted LarsonAcres Inc. a permit in 2007 when it wanted to expand, but included anumber of conditions because residents blamed it for polluting theirwater supply. The farm initially had 1,000 cows and now has about2,900.Among the conditions, the farm had to allow the town to conductmonthly water quality tests on its land, and it had to follow certaincrop-rotation strategies to reduce nitrate buildup.The farm sued, arguing that pollution-control measures are laid out bythe state and can't be modified by individual towns.The state Supreme Court agreed, ruling that the town exceeded itsauthority by imposing additional measures.The case has been watched by rural Midwest communities struggling todeal with the expansion of so-called factory farms. States throughoutthe farm belt have seen big farms get bigger as the agricultureindustry continues to consolidate.Similar cases have been filed in six other Midwestern states, butWisconsin's is believed to be the first to reach a state supremecourt. |
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UK top court rejects Assange bid to reopen case
Topics in Legal News |
2012/06/14 10:01
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Britain's Supreme Court rejected WikiLeaks chief Julian Assange's bid to reopen his extradition case on Thursday, meaning the controversial anti-secrecy campaigner could be sent to Sweden by the end of the month.
Assange is wanted for questioning in Sweden after two women accused him of sexual misconduct during a visit to the country in mid-2010. The women's lawyer, Claes Borgstrom, told The Associated Press the ruling Thursday was "an obvious and expected decision that has been delayed for too long."
In a brief, five-point judgment, the court rejected arguments that Assange's legal team hadn't been given the chance to properly cross-examine the evidence that justices relied on to deny the Australian's appeal against extradition.
The development effectively exhausts Assange's legal options in Britain, where he has been fighting the extradition demand since late 2010. Assange could still apply to the European Court of Human Rights in Strasbourg, but legal experts say the 40-year-old stands little chance there. |
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Wash. lawyers challenge secret court proceedings
Topics in Legal News |
2012/05/26 15:52
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A defense lawyer in Eastern Washington was reading a detective's statement in his client's drug case when he came across a curious line. In asking to search the man's house and cars, the detective revealed that he had already seen the defendant's bank records.
That's odd, thought the lawyer, Robert Thompson of Pasco. There's no search warrant for the bank records. How'd he get them?
The answer — with a subpoena secretly issued by a judge — provides a window into the little-known use of "special inquiry judge proceedings" in Benton County and across the state. Prosecutors who use them say the proceedings are authorized by state law, make for more efficient investigations and have plenty of judicial oversight, but Thompson and other defense attorneys say they raise questions about privacy, accountability and the open administration of justice.
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Report: LAPD seeks Manson family member recordings
Topics in Legal News |
2012/05/26 15:52
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Police want to review audio recordings of conversations between a Manson family member and his attorney as detectives search for information about unsolved killings.
Los Angeles detectives seeking the material are merely practicing due diligence after receiving a tip that the recordings and other items in the estate of now-deceased lawyer Bill Boyd, who once represented Charles "Tex" Watson, were becoming available, LAPD spokesman Andrew Smith said.
"This whole thing has gotten totally blown out of proportion," Smith said, commenting on a report that first appeared on KNBC-TV.
Homicide detective Dan Jenks and Lt. Yana Horvatich, who made the request, have no specific information on what might be in the recordings, but they want to examine them, Smith said.
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