Prospects for passage are uncertain if Sessions wins confirmation as attorney general, but the across-the-aisle unity of reform efforts could provide a potent counterpunch to law enforcement lobbying. Civil asset forfeiture is dangerously profitable, Issa wrote in an op-ed piece, and has allowed law enforcement to make a habit of seizing property from innocent Americans without sufficient proof of wrongdoing. I dont want to disparage law enforcement because these laws are being used properly most of the time, Issa said in a statement. The problem is, most of the time isnt good enough when its your civil rights. State of Texas v. One Gold Crucifix Civil asset forfeiture flows from an archaic English legal concept known as deodand, which held that inanimate objects could be guilty of immoral acts and thus be forfeited to the Crown. The doctrine endured through the centuries and found its way into American law, prior to the Revolution, through the British Navigation Acts. Civil asset forfeiture was later used, and upheld by the U.S. Supreme Court, as a practical necessity for enforcing maritime laws. When property owners resided overseas, but their ship crews tried to evade American customs laws, it was simply impossible for the government to arrest and prosecute the owner, so the contraband was summarily seized here in America. ... Civil forfeitures genesis in the legal fiction of inanimate responsibility is the reason why forfeiture actions take the form of in rem, or against the object, proceedings. That quirk leads to bizarre case names such as State of Texas v. One Gold Crucifix and United States v.
For the original version including any supplementary images or video, visit http://www.dailynews.com/government-and-politics/20161211/law-that-lets-police-seize-assets-26-billion-in-2015-raises-questions
There have been several loan modification scams set up by non attorneys that unknowingly involve a new or retired attorney not knowing any better or worse yet involved with at the highest level. “There are pro bono resources and, of course, lawyers who will help on a paid basis.” Home owners facing the threat of foreclosure should have the ability to meet or speak directly to the attorney handling their case. After consulting with both the Department of Real Estate and the State barbs Ethics Hotline, the decision was made to decline the multiple offers. “We see it all the time” says Feldman, who has suffered from having unscrupulous attorneys and loan mod companies impersonating unhappy clients on the internet claiming they were scammed by the Feldman law enter. The intention is to add credibility to the loan modification company and to collect upfront fees from home-owners facing foreclosure. In most circumstances its all smoke and mirrors. Since Steven C. Many attorneys have contacted the State Bar for ethics advice that its professional responsibility committee issued an alert last month offering guidance to lawyers thinking about signing up. Bell agreed that many lawyers are legitimately helping clients with foreclosure and other credit issues. Although the Brokers may collect up front monies with an approved DBE advance fee agreement what happens when the property goes into foreclosure and the client is in REAL jeopardy of losing their home to a trustee sale?.
Calling the number of complaints “shockingly high,” Drexel said his office is “quite concerned. Much of this conduct violates the Rules of Professional Conduct, the alert warns. A home owner facing foreclosure may choose to work directly with their lender but in most cases this fails. In one instance there was a police report filed against an attorney for destroying a brokers office and attacking the staff for using his name while making false statements.” The non-lawyers get fees upfront through the lawyer and either do not complete the modification or do it incompetently. Hiring an attorney to stop foreclosure or provide loan modification services will cost $3,000 to $5,000 but the results may be well worth it.