Hour 1
OCC releases 2021 4Q mortgage performance results
Servicers also completed 47,488 mortgage modifications in the fourth quarter, up 40.8 percent from the previous quarter. Of these modifications, “70.5 percent reduced borrowers’ monthly payments, and 46,475, or 97.9 percent, were ‘combination modifications’—modifications that included multiple actions affecting the affordability and sustainability of the loan, such as an interest rate reduction and a term extension,” the OCC reported.
https://buckleyfirm.com/blog/2022-03-25/occ-releases-2021-4q-mortgage-performance-results#page=1
Zombies
12 Ways to Fight Foreclosure of Zombie Second Mortgages
As the name suggests, zombie mortgages can be terrifying. They rise from the dead, appear without warning, and seize homes. And they are appearing now more than ever. This article explains what they are, why they are now such a problem, and twelve ways homeowners can stop foreclosures of zombie mortgages. For even more detail . . .
https://library.nclc.org/12-ways-fight-foreclosure-zombie-second-mortgages
“Designed to End Protesting”: Louisiana Supreme Court Makes Protesters Guilty by Association
The state joins others in broadening liability and heightening the legal risks of protesting.
Landry, who is also a lawyer, says the court has applied an appallingly broad standard of negligence to protesters. “It almost seems like anyone who goes to, or is near, or talks about, or even reshares a graphic about a protest could potentially be sued under this,” she said. Jonathan Miller, chief program officer at the Public Rights Project, calls the ruling the latest example of a broader trend where “states seek to hold all involved in peaceful marches accountable for any violence that might occur, even if they do not start it, control it, or participate in it.”
https://boltsmag.org/designed-to-end-protesting-louisiana/
Class Action Filed Against Family Dollar Over Rodent Infestation at Distribution Center
The complaint purports that on February 11, the FDA concluded its investigation of the distribution center that found a severe rodent infestation with the FDA locating more than 1,100 dead rodents after the center was fumigated and internal company records showing the collection of more than 2,300 rodents between March 29 and Sep. 17, 2021, “demonstrating a history of infestation.”
https://lawstreetmedia.com/news/agriculture/class-action-filed-against-family-dollar-over-rodent-infestation-at-distribution-center/
First Transit Sued Over Unlawful Vehicle Emissions
CLF is seeking an injunction preventing the defendant from further pollution and requiring them to fully adhere to the Clean Air Act and the Connecticut State Implementation Plan, civil penalties of $101,439 per day per violation for a time period of November 2, 2015 to January 13, 2020 . . .
https://lawstreetmedia.com/news/agriculture/first-transit-sued-over-unlawful-vehicle-emissions/
Alex Jones
Alex Jones faces fines for skipping Sandy Hook deposition
Jones was found liable for damages to the families in the Connecticut lawsuit as well as to some Sandy Hook families who sued him in Texas. Judges in both states found Jones liable by default without a trial, saying he repeatedly refused to abide by court rulings and provide requested evidence to the families’ lawyers.
https://apnews.com/article/arts-and-entertainment-shootings-lawsuits-school-shootings-connecticut-94bc649b245ef6763056d5b2fe5b6b2c
Attorneys for Alex Jones say he’ll sit for a deposition and appeal a judge’s fines
Jones’ attorneys maintain that he’s not avoiding the deposition but that he just wants to wait for a doctor to clear him. His attorneys say he missed the March 23 and 24 depositions because he was dealing with multiple medical conditions, including a sinus blockage. But Bellis still ordered him to appear at the depositions, in part because Jones had been broadcasting his show from a studio outside of his home while attorneys were arguing for him to remain home under doctor’s orders
https://ctmirror.org/2022/04/03/attorneys-for-alex-jones-say-hell-sit-for-a-deposition-and-appeal-a-judges-fines/
Connecticut judge denies Alex Jones’ request to put court contempt fines on hold
Jones’s lawyers said he plans to attend a deposition on April 11, and asked Bellis to put her ruling on hold while he appeals the fines to the state Supreme Court. If he doesn’t appear until then, his fines would total $525,000.
https://www.wshu.org/connecticut-news/2022-04-04/connecticut-judge-denies-alex-jones-request-to-put-court-contempt-fines-on-hold
Hour 2
Subpoena Duces Tecum
A subpoena duces tecum, or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
The summons is known by various names in different jurisdictions. The term subpoena duces tecum is used in the United States, as well as some other common law jurisdictions such as South Africa and Canada. The summons is called a “subpoena for production of evidence” in some U.S. states that have sought to reduce the use of non-English words and phrases in court terminology.
The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court. In most jurisdictions, a subpoena usually has to be served personally.
https://en.wikipedia.org/wiki/Subpoena_duces_tecum
Disciplinary Counsel v. Kevin C. Cox, Case No. 2021-0975 (Ohio Supreme Court, 2022) (Audio)
The Board of Professional Conduct recommends a two-year suspension with one year stayed for Coshocton attorney Kevin Cox. The board found that Cox had a consensual sexual relationship with an important client who was seeking a divorce and that Cox lied about the relationship in disciplinary inquiries and proceedings.
The attorney disputes the board’s findings and opposes the recommended sanction, arguing that he only sent sexual text messages and emails but never had sex with the client. Because he has objected to the board’s report, the Ohio Supreme Court must hear oral argument in the disciplinary case.(Link to the video below. 29 minutes.)
https://ohiochannel.org/video/supreme-court-of-ohio-case-no-2021-0975-disciplinary-counsel-v-cox
Sex, Lies And A Partially-Stayed Suspension
Throughout the disciplinary proceedings, Cox denied having a physical sexual relationship with the woman. The Court found “the evidence clearly and convincingly demonstrates” the attorney had a sexual relationship with his client, sent her sexually charged text messages and emails, and lied about both aspects of the relationship.
https://lawprofessors.typepad.com/legal_profession/2022/03/sex-lies-and-a-partially-stayed-suspension.html
Music Credits
Carl Klang – It’s coming down
https://youtu.be/lb_fbDvVxQE
Eagles – Dirty Laundry LIVE
https://youtu.be/J_Q8ldj7TKQ
Mason Proffit – Two Hangmen
https://youtu.be/CC3yZdG_2Bc
15 second snips
https://sectorradio.ru/space/
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