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Gay marriage raises prospect of NY adoption boom
Headline Legal News | 2011/07/11 09:26
First comes love, then comes marriage. Now adoption lawyers and agencies in New York say they're getting ready for a baby boom as same-sex couples emboldened by the state's new gay marriage law take the next step and try to adopt children.

New York will allow same-sex marriages beginning July 24, becoming the most populous state to legalize such weddings. Thousands of couples are expected to tie the knot.

The state already permits unmarried couples, both gay and straight, to adopt children. But a wedding ring is an important milestone in a relationship — and can also bolster a couple's case as they try to impress social workers, adoption agencies and birth mothers during the often competitive adoption process, couples and adoption experts say.

"It's sort of the next natural progression," said Jonathan Truong of Brooklyn, who decided to adopt a boy after marrying his longtime partner, Ed Cowen, in Canada. "You have that feeling of wanting to be in a family."

Experts won't know for sure whether adoptions have increased in the five other states, plus Washington, D.C., that have legalized gay marriage until the results of the 2010 census are released this year, said Gary Gates, a demographer at the Williams Institute, a think tank at the University of California-Los Angeles.





Borrowers sue over apparent loan mod mishaps
Headline Legal News | 2011/07/05 09:29
It seemed Maria Campusano's financial problems were behind her when the mortgage on her Victorian home in a Massachusetts mill town was chopped by hundreds of dollars a month.

She soon learned that her troubles had just begun.

Weeks after making her first payment under the new rate, the school district staffer began receiving past-due notices, documents showing wildly inaccurate loan balances and letters threatening foreclosure. She now fears she'll lose her home.

"How can they take away what I have worked so hard for?" Campusano said.

Campusano is one of two named plaintiffs in a proposed class-action lawsuit alleging breach of contract by Bank of America NA and subsidiary BAC Home Loans Servicing LP.

The suit, which was filed in Los Angeles federal court because BAC is located in nearby Calabasas, is among a growing number of legal complaints accusing banks of disregarding what should be binding agreements to reduce the monthly mortgage payments of troubled borrowers.

The suits involve permanent modifications through the U.S. Treasury-administered Home Affordable Modification Program, which offers incentives to loan servicers who extend modifications, as well as so-called proprietary modifications, which banks offer independently of the government guidelines.

They represent a new wave of complaints against banks that have already weathered years of criticism for their reluctance to modify loans and for foreclosing on borrowers after offering them trial modifications.


Idaho landowners to get high court hearing
Headline Legal News | 2011/06/28 22:29

The Supreme Court has agreed to consider the rights of landowners when confronted with an order from the Environmental Protection Agency that they are violating the federal Clean Water Act.

The justices on Tuesday added the case of Idaho property owners Chantell and Michael Sackett to their lineup for the term that begins in October. The Sacketts contend that EPA left them with no practical way to object to the agency's determination that work on their half-acre parcel violated federal law and tried to coerce their compliance through the threat of costly fines.

The Sacketts say they would either have to apply for a federal permit that could cost as much as the property itself, or wait for the EPA to go to court to force them to comply.




Court won't hear restitution claim in Ponzi case
Headline Legal News | 2011/06/13 20:29
The Supreme Court has rejected an appeal from investment funds seeking repayment of their losses in a $3.7 billion Ponzi scheme operated by Minnesota businessman Thomas Petters.

The funds together lost $165 million and challenged a federal judge's order denying restitution to any of Petters' victims. Among other things, the court said the victims would have other ways of recouping some of their money.

The justices on Monday refused to disturb the ruling.

A federal law generally requires a court to order restitution as part of a defendant's sentence, but allows for some exceptions. The judge in this case said that restitution would be too complex, take too long and result in the payment of less than a penny for each dollar victims lost.



2 ex-judges, lawyer back to prison in Miss scheme
Headline Legal News | 2011/06/13 20:28
Two ex-judges and an attorney from Mississippi must return to federal prison for their convictions in a loan scheme.

A federal appeals court had vacated their bribery convictions but upheld the guilty verdicts on corruption charges. So they needed to be resentenced.

U.S. District Judge Henry T. Wingate denied requests by Paul Minor and former Harrison County judges Wes Teel and John Whitfield to be re-sentenced to time they have already served.

Wingate on Monday sentenced Minor to eight years, Teel to four and Whitfield about six — all less than previous.

Prosecutors said Minor would guarantee loans for the judges, then used cash and third parties to pay off the debts. Judges then ruled in his favor in civil cases. He has long said he is innocent and was making loans to help friends.



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