High court: Bankrupt homeowners can't void second mortgage
Criminal Law
A unanimous Supreme Court says homeowners who declare bankruptcy can't void a second mortgage even if the home isn't worth what they owe on the first mortgage.
The justices on Monday ruled in favor of Bank of America in two Florida cases where bankrupt homeowners wanted to "strip off" a second loan because they were underwater on the primary mortgage.
Lower courts allowed both homeowners to nullify the second loans and the Atlanta-based 11th U.S. Circuit Court of Appeals affirmed both cases.
But Bank of America said the rulings conflicted with Supreme Court precedent. The company argued that the second loan might be repaid eventually if the property's value rises.
The homeowners argued that the second loans were basically worthless.
Related listings
-
Court in Va. examines death row isolation policy
Criminal Law 10/27/2014Virginia's practice of automatically holding death row inmates in solitary confinement will be reviewed by a federal appeals court in a case that experts say could have repercussions beyond the state's borders. U.S. District Judge Leonie Brinkema in ...
-
Billionaire pleads guilty to sexual assault charge
Criminal Law 06/10/2014A Wisconsin billionaire has pleaded guilty to a misdemeanor charge of having sexual contact with a teenage girl. Fifty-nine-year-old Samuel "Curt" Johnson III of Racine was originally charged with a felony count of child sexual assault. But prosecuto...
-
Court revives victim lawsuit in mistaken shooting
Criminal Law 05/05/2014The Supreme Court has reinstated the lawsuit filed by a former major league baseball player's son who was shot on the porch of his family home by a Houston-area police officer. The justices on Monday ordered a lower court to reconsider the case of Ro...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.