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Non-Judicial Foreclosure
The Florida Bankers Association has presented a bill to Florida legislators aimed at ending the due process rights of Florida homeowners by instituting non-judicial foreclosures. The act, titled The Florida Consumer Protection and Homeowner Credit Rehabilitation Act seeks to end foreclosure lawsuits and fast track foreclosures in a little as 90 days. Just as it sounds, banks would accelerate foreclosures against defaulting homeowners without the need for the courts and judges would no longer rule on foreclosure cases.
Attorneys would have no forum to assert legal or factual defenses and banks could automatically auction the home out from under you, despite any legal defense. Passage of this bill would end the new mandatory foreclosure mediation required by the Florida Supreme Court. Finally, this act would permit money judgments for the deficiency between the foreclosure auction sale price and amount of the loan after the house is lost.
This proposed law presents serious due process concerns and will drastically change the way banks handle loans in default. It will drastically limit the rights of homeowners and consumers.
The Florida Legislature convenes on March 2, so take this opportunity to tell your representatives that you do not support this dangerous bill. To find the contact information for your legislators, click below:
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Google to Build Network
Google Inc. is planning to build high-speed fiber-optic broadband network in the U.S. to offer Internet speeds that are more than 100 times faster than what Verizon Communications Inc. and AT&T Inc. sell today.
The company, owner of the world's most popular Web-search engine, said today it will offer the service at a "competitive price" to at least 50,000 people and potentially as many as 500,000. Google wants to use the networks for applications that consume lots of bandwidth.
Google's plan to offer speeds of 1 gigabit per second may prompt competitors to follow, he said. Verizon's FiOS, AT&T's U-Verse, and Comcast's DOCSIS 3.0 services offer residential downloads no faster than 50 megabits a second, with the cheapest connections being 1 megabit or less.
Google has urged the Federal Communications Commission to find new ways to promote high-speed Internet access. Google is expanding in the telecommunications industry in other ways. In January, the company introduced a touch-screen mobile phone called Nexus One and opened an online store to sell the handset.
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Jury Trial Waivers
By: Erika Mariz
These days waivers of jury trial are standard in certain contracts, especially in mortgages. What is a waiver of jury trial? It's a provision in a document that means you give up your Constitutional right to have your lawsuit decided by a jury. A waiver of jury trial does not mean you are not allowed to sue; rather, it means that if you do sue, and your case goes to trial, a judge rather than a jury will decide your case.
Are waivers of jury trial enforceable? The answer is usually yes. Courts generally deem that if you signed a contract containing a waiver of jury trial, you are held to be in agreement it, regardless of whether or not you even read the provision.
Of course, there are exceptions, but for the most part, courts will enforce a waiver provision. This means that if you are a signing a contract, first be sure to read it in its entirety. If possible, you should consult an attorney. You should also ask the party that drew up the contract to remove the waiver provision if you do not want to give up your right to have a trial in front of a jury should there be a dispute relating to the contract.
The bottom line is that a waiver of jury trial is usually upheld by courts, so if you don't want to give up your right to have a jury decide your lawsuit, please have that provision removed or be prepared to walk away from the deal.
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| At the Movies
By: Alison Parker
It isn't the epic Magnificent Seven-inspiring movie Seven Samurai or the ever-popular Yojimbo that is my favorite Akira Kurosawa film, but the multi-perspective Rashomon that has earned that honor - now 60 years old.
I first saw Rashōmon in law school while taking a seminar that explores law themes in classic films. The premise is simple: a samurai lies dead and a young woman is accused of his murder. The crime event in question is shown from four different points of view - that of the dead samurai, the accused woman, a seducing bandit, and a woodcutter witness.
The manner in which the perspectives in Rashōmon are demonstrated are not like a court of law. The State makes its case in chief, the defendant has a chance to testify and defend herself, and both sides call witnesses to the stand to help fortify their cases.
Rashōmon has inspired many modern films, such as Vantage Point, which explored an assassination attempt from about six different characters' viewpoints. Also, it was Westernized in the 1964 remake The Outrage, and starred Paul Newman and Edward G. Robinson.
If you have never seen this foreign classic, make an effort to see it in its 60th year. It is truly one of those films that stays with you long after the credits have rolled.
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G&A Open House: St Pete Vice
Please join us for our Spring Open House on April 14 from 5:00-8:00 pm. at our Party Deck and Tiki Bar.
Our theme for the party is St. Pete Vice: Ode to the 80's. We will have a DJ spinning 80's tunes and will feature your favorite 80's fare. You dont have to come in 80's attire, but we will have prizes for the best dressed in 80's attire.
As always, we will have ample food, beverage and fun.
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Global Warming= Stronger Hurricanes
Researchers now agree that global warming will bring stronger hurricanes. The study offers projections for tropical cyclones worldwide by the end of this century, and some experts fear the worst.
Overall strength of storms as would rise by 2 to 11 percent, but there would be between 6 and 34 percent fewer storms in number. Essentially, there would be fewer weak and moderate storms and more of the big damaging ones, which also are projected to be stronger due to warming.
The study finds that Category 4 and 5 storms would would nearly double by the end of the century. On average, a category 4 or stronger hurricane hits the United States about once every seven years, mostly in Florida or Texas.
Recent category 4 or 5 storms include 2004's Charley and 1992's Andrew, but not Katrina which made landfall as a strong category 3.
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We are supporting Thomas Ramsberger for Circuit Judge in Group 20.
We think he would make an excellent judge and would urge you to review his credentials.
You may find out more about Tom on his website below.
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We are supporting Keith Meyer for Circuit Judge in Group 27.
We believe that Keith would make an excellent judge and would urge you to review his credentials.
You may find our more about Keith on his website below.
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Paralegal Spotlight
Heather Dussault recently joined the firm. Ms. Dussault attended St. Petersburg College and is currently pursuing her degree from Everest University in Paralegal Studies. Heather has prior legal experience at a large Tampa litigation firm.
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Heather is new to the firm, but is already making a noticeable, positive difference around the office. While she was born in Denver, Heather has been in the St Pete area since she was 3 months old.
She volunteers twice a year, preserving the pristine quality of our beaches, by donating her time to Pinellas County Beach cleanups. In her spare time, Heather enjoys boating, reading, kickboxing, jogging, and hanging with her cat Amaru. She also likes to frequent Red Mesa and Ceviche.
While she enjoys all genres of movies, her particular favorites are suspenseful thrillers like The Bone Collector and Mr. Brooks. Her interests include contract law and meteorology.
Besides being responsible for client relations, document and pleading preparation, and litigation support, Heather is our organization czar. Her diligence helps ensure that we meet deadlines, respond to clients in a timely manner, and communicate effectively with opposing counsel. |
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G&A News & Notes
*Charles Gallagher was recently featured on Bay News 9 discussing the new credit card laws.
*Alison Parker recently served as a judge at the Closing Arguments Competition at Stetson University College of Law.
*G&A will be a sponsor of the St. Petersburg Bar's Meet the Judges Luncheon on April 6.
*Charles Gallagher spoke at a panel discussion on "Leadership in Practice" at Stetson University College of Law.
*Charles Gallagher was recently featured on ABC Action News's Consumer Update discussing foreclosure issues.
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G&A Email Directory
Erika Mariz
Joseph F. Milligan
Jason A. Cox
Heather Dussault
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| About Our Firm
Gallagher & Associates Law Firm, P.A. accepts cases throughout the Tampa Bay area.
Our main practice areas include: insurance litigation (including toxic mold, sinkholes, hurricane claims and denied insurance claims), real estate & business litigation (including foreclosure defense and lender mortgage fraud), accident & injury litigation, consumer law, and employment litigation.
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The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This email is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
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