Tuesday, January 17, 2011
Domestic Violence Court to Open in Pinellas County in 2013
Through the U.S. Department of Justice’s Office on Violence Against Women, the federal government has given a nearly $300,000 grant to Pinellas County in order to establish a new court to address concerns raised by area advocates for domestic violence victims. Slated to open in January, 2013, balance of 2012 will be spent considering new family court practices and identifying existing gaps in the system with respect to domestic violence issues.
Pinellas County has a considerable record of domestic violence – in 2010, 3,439 petitions for restraining orders against spouses or domestic partners were filed, a rate of about nine per day. The majority of cases involving domestic violence in Pinellas County involve abuse by a man against a woman.
One of the most cited problems with the existing domestic violence system is the fact that abusers are often not held accountable for their actions, and there is no effective system in place for ensuring that abusers comply with substance abuse assessments, anger management classes, or other court-ordered requirements. The new court is expected to assist the justice system in handling the high volume of domestic violence cases in the courts, while also ensuring that the parties involved, especially abusers and batterers, comply with specific requirements and regulations. The Pinellas domestic violence activist and outreach community is thrilled with this development, noting that it should aid in the community’s understanding of domestic violence and facilitate cooperation, while ultimately protecting the safety of at-risk women.
The advisory committee charged with implementing the new court plans to create a regularly scheduled compliance docket that will allow judges to ensure abusers are meeting court-ordered requirements. Repeat domestic violence cases will be handled under a separate court docket, allowing the judges to focus on those particularly sensitive matters individually. Currently all domestic violence matters are grouped together. There has also been a call for an increase in the number of batterers and abusers required to take intensive 26-week group counseling sessions – currently, most violators are only ordered into eight-hour management courses.
The funding will cover the hiring of a general magistrate that will help streamline domestic violence and other family law issues, such as divorce, child custody, and visitation, by hearing all related matters on the same day.
The officials and stakeholders involved in the implementation of this court are optimistic that it will greatly help ensure justice is appropriately and fairly meted out in Pinellas County for years to come.
Wednesday, December 14, 2011
Freddie Mac Changes Short Sale Rules
The national government backed Federal Home Loan Mortgage Corporation, Freddie Mac, announced at the end of November that it would be implementing significant changes to short sale regulations in order to reduce liability risks for realtors. The changes were pushed for by the national Association of Realtors, and essentially rewrite the affidavit requirements for buyers, sellers, real estate brokers, and closing agents in short sale transactions.
Freddie Mac had originally implemented the affidavit system to prevent fraud, namely by placing certain obligations on specific parties involved in the short sale – for example, all of the parties were required to certify in the affidavit that the short sale was an arm’s length transaction, and the buyer was required to assure that he would not resell the home within 120 days without making substantial improvements. The new affidavit requirements go into effect on January 1, 2012, however they may be used immediately.
The critical changes to the affidavit regulations include a new phrase that reduces realtor liability: to “the best of each signatory’s knowledge and belief.” The affidavits also require signers to assure against making a “negligent or intentional misrepresentation” in the sale, and signers cannot be responsible for certifying for any other signer. Also, where the affidavit previously could have been an addendum to a sales contract, it must now be a standalone document signed by all parties.
In addition, Freddie Mac adjusted the requirements for lends, including: Short sale negotiation fees may not be deducted from the proceeds of the sale or charged to the seller; A HUD-1 Settlement Statement must reflect any amounts paid to any party connected to a short sale transaction; The seller may only receive payment if it is offered by the servicer, approved by Freddie Mac, and reflected on the HUD-1.
A short sale is often used as an alternative to a foreclosure, since such an arrangement alleviates foreclosure related fees for both the borrower and the lender, although in most instances it negatively affects the homeowner’s credit. In a short sale, the home is sold for less than the amount owed by the homeowner to creditors. The resulting difference in the amount owed and the amount actually collected for the sale is called a deficiency. In many states, lenders are not allowed to go after borrowers to collect the deficiency, however Florida law allows lenders to pursue short sale deficiencies for up to 20 years, often resulting in the garnishment of wages long after the home is gone. Between November, 2009 and October, 2010 there were nearly 83,000 Florida homes listed as short sales, representing about 20% of all homes on the market that year.