March 26, 2012

Free Foreclosure Fraud Review Underutilized

Florida Foreclosure Lawyer

The housing meltdown has sent shock waves throughout the United States, with foreclosures reaching over 4 million. In an effort to help current homeowners that are on the brink of losing their home, the government initiated a program whereby homeowners can receive a free fraud review of their foreclosure to make sure there are no issues.

It was recently reported by the Palm Beach Post that few homeowners have taken advantage of the free foreclosure fraud review. Specifically, less than 3% of the total eligible for the fraud review have taken advantage.

It was reported that representatives have sent out over 4.3 million notices to those that qualify for the review, with only 121,725 people responding thus far. The initial deadline of April 30, 2012 has been pushed back to July 31, 2012, due to the low response.
Some of the main concerns with the program include:

1. A homeowner must have been in some process of foreclosure in 2009 and 2010 to be eligible. But it's only for a two-year period and a lot of the subprime loans went into foreclosure before that.
2. Concerns about whether homeowners would have to sign away rights to future claims if they accept an award for financial harm found during the foreclosure review.

One of the main reasons there has been such a low response is that many homeowners treat the mailing as another piece of junk mail. Homeowners receive several mailers regarding foreclosure assistance and it is believed by many that this correspondence blends in with the rest. Others believe homeowners think it is a scam.

I tell my clients to apply for the review, but only a handful have alerted me to the letters.

They get a lot of advertisements and there are so many scams out there that they might think it's just a scam. It's a bit of a hazy program.

Have you received a free foreclosure review mailer? Have you gone through the process? Leave a comment below discussing you experience.

March 23, 2012

Hotel Industry ADA Crisis with Pools

Florida Family Attorney Joe Fields
Hotels throughout the country are facing deadlines for providing access to their pools for persons with disabilities who use a wheelchair or other mobility device. As of this month, all hotel pools must have a lift or other method of entry for a person using a wheelchair. Unfortunately, there are not enough lift manufacturers or suppliers to cover every hotel in the nation.
Is the Department of Justice helping with this problem? Actually, no. When confronted with this developing problem several months ago, the Department of Justice issued a letter to the hotel industry which did absolutely nothing in regards to solving the problem. Given there are 51,000+ hotels in our nation, and substantially less lifts available, this is another example of the ADA gone bad.
Proper planning for the implementation of this change would have included provisions for where these lifts are going to be obtained from. The hotel industry is now faced with the prospect of substantial and costly ADA litigation over an issue that they now have no control over. Only time will tell whether this will be another federal government created debacle.
The easiest solution would be to shut down the pool and concrete it over. Was that what the ADA intended to do? Probably not.
The LaBovick Law Group ADA lawyers division provides legal and consulting services to businesses and properties that are open to the public. ADA litigation can be effectively prevented through compliance reviews available through this firm. For a free consultation.

March 21, 2012

What are the TOP THREE TAX RIP OFFS for 2012?

Boca Raton Personal Injury Lawyer

Nobody I know likes to be ripped off. I am sure that you would not enjoy it as well. It is unfortunate that this occurs, but is a reality that we all must face. In an effort to inoculate the public against being ripped off, each year the Internal Revenue Service provides a list of the twelve biggest tax frauds for that year. Many of these scams are simple in design and implementation, and well known methods of taking advantage of vulnerable people. These acts occur at all times of the year, but most of them come to fruition during tax season.

So as the tax deadline of April 15 quickly approaches, we want you to be aware of what is lurking out there. Most of the scams are easy to spot. Just remember a few cliches and you will stay safe.

First cliche – There are no free lunches!

Second cliche - If it sounds “too good to be true”, it is!

IRS List of Top Tax Ripoffs for 2012

  1. Identity Theft
  2. Phishing
  3. Tax Preparer Fraud
  4. Hiding Income Offshore
  5. Free Money from the IRS
  6. False or Inflated Income or Expenses
  7. False Form 1099 Refund Claims]
  8. Frivolous Arguments
  9. Zero Wage Claims
  10. Abusing Charitable Deductions
  11. Disguised Corporate Ownership
  12. Misusing Trusts


Let’s explore in more detail the top three:

Topping the list again is IDENTITY THEFT

Identity theft is the biggest problem in the electronic age. The internet and its electronic community have rushed forward, ahead of all methods of control, and create a “Wild West” atmosphere. The thing about the United States that makes us great is our respect for the rule of law. However, that is not true for the Internet. The controls, privacy protections, and rule of law are just not moving as fast as the Internet community is moving forward. False tax returns are one common way thieves take advantage of both the government and the victims. The IRS has stepped up efforts to control Identity Theft tax rip offs but because ID thieves use real social security numbers and easy to find personal information (see Face Book, Google +, and Twitter) it is a hard job. If you get a notice that more than one tax return was filed in your name, make sure you report it immediately. The IRS has create a significant system to catch ID theft on tax returns and last year they saved over $1,400,000,000 in taxpayer refunds, but the thieves are smart and the schemes are getting more and more complex. If you are suspect that your ID was stolen you need to contact the IRS ID Protection Unit at www.IRS.gov/identitytheft.

Fishing! No, wrong, sorry: Phishing!

Phishing is when ID thieves lure victims into giving valuable identity information to the ID thief. This is typically carried out using email requests or setting up websites that look and feel like a legitimate site. Because there is really no difference between a “Real Website” and a “Fraudulent Website” it is easy to mistake them. Once the ID thief has your information, you are likely to get ripped off.

Here is a KEY POINT with respect to the IRS. The IRS does not use email to collect, or even request personal information from taxpayers. They certainly do not use FaceBook, Twitter or any other social media to contact or collect information. Do not trust an email, FaceBook contact, or any electronic contact from the IRS. If you do get an email from the IRS, or even the EFTPS – which is the Electronic Federal Tax Payment System, that looks legitimate but was unsolicited, you need to report that to the IRS through their specially designed Phishing unit at phishing@irs.gov.

Preparer Fraud

Almost nobody understands the tax code. Certainly those simple to fill in return forms are a nightmare to get right. So, many of us use accountants, CPA's, or tax attorneys to help us at the end of the tax year. But the expense of paying for a professional is quite burdensome for most people, so they either do it themselves, or look for a more economical option. The “Economical” route has created a space in the market for fraudulent tax preparers. These thieves will take money out of their clients’ refund, or charge unfair fees to prepare the return. They promote their service with unrealistic promises of guaranteed, overinflated refunds. Further, these thieves then have access to your personal information and can steal from you twice!

Here are some good standards to look for when choosing a Tax Preparer:

  • Every paid “tax preparer” must get a “Preparer Tax Identification Number” (PTIN) from the IRS. This number must be placed on every prepared tax return. If your tax preparer does not have a PTIN then you should not sign the return.
  • Every Preparer should give you a free copy of the return. If you are not given a copy of your tax return there may be a problem. If your Preparer is promising to get you an incredible or unusual amount on your return, I would be very wary.
  • Tax preparers should be working on a set fee. They should not be on a contingency or commission basis and you should never have to pay the preparer from your refund.
  • Finally, never allow a preparer to convince you to put false information on a tax return. That means you can never put in false income or false credits. If you do you are subjecting yourself to double jeopardy, because the preparer will have you and the IRS will also not be happy with your false information.

As a firm that concentrates on IRS Tax Fraud including Qui Tam and Whistleblower Issues we want you to beware of tax season scams! If you believe you are the victim of a scam, you need to report it as soon as possible. The IRS Criminal Division and the Dept. of Justice take online, telephone and in person scams seriously. If you have questions or have information about a tax fraud where more than $2,000,000 is at stake, call our office to report the fraud. Remember, when reporting tax fraud you must be first in line, you must have convincing information, and you must secure your claim to get paid the “Relator’s Share”. Call our office for a free consultation: LaBovick Law Group at 561-625-8400, or email info@labovick.com.

March 19, 2012

Unprepared Injury Lawyers Appearing in Court

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Around our courthouse here in West Palm Beach, Florida there has been a constant grumbling by our judiciary about unprepared injury lawyers appearing in court. They have stated their new “policy” of enforcing their pre-trial orders and holding the lawyers’ feet to the fire to get the cases tried and justice served.
In our country, the respective parties have a right to a speedy and public trial, this holds true not only for criminal cases but for civil disputes as well. With every case noticed for trial, the court issues a pre-trial order directing the timing of the case and handing out deadlines for the progress of the case.
I was in court the other day to object to a move by the other party who was trying to obfuscate the judge’s order by scheduling a medical exam of my client well after the applicable deadline. After much bluster, the court granted the other side’s request for this exam. This came over my strong objections to the contrary. My plea to the court centered on the respect for the rules of the court and orders handed down by the Judges that are equally applied to both parties. I realized, at that moment, that the same court in West Palm Beach, Florida that complains about lack of diligence on the part of the lawyers rewards this very conduct by refusing to enforce their own orders for fear of reprisal from insurance companies, the appellate court and who knows what else.
My job as an officer of the court is to zealously represent my client, uphold the constitution and the orders of the court. This is becoming increasingly difficult when the final authority allows its own rules to be broken but only after complaining about the parties being allowed to break the rules. Our system is what is really broken and it needs to be fixed from the top down.

March 9, 2012

How to Avoid Credit Problems by Your Ex

Florida Family Attorney Joe Fields

Many people think that after getting a divorce, their financial ties to their former significant other are now over. Unfortunately, that's not the case. Credit bureaus frequently are not up-to-date in regards to your marital status. Just because a judge has signed the divorce decree, doesn't mean all your problems are behind you.

More and more people are discovering that their former spouses either opened unknown joint credit during the marriage or shortly thereafter. To avoid this problem, the minute you think there's a problem with your marriage, consider placing a 90-day fraud alert on your credit. Obtaining your credit report from each of the big 3 credit bureaus early in the separation is also a good idea. This lets you know what is out there that you may not have been aware of.
Annualcreditreport.com is the best site to get your report from the big 3. After reviewing this report, if you discover any credit that you do not recall incurring, take the time to contest the entry. The report will explain how you can start the process. Placing a 90-day fraud alert on your credit also gives you protection from any unauthorized applications. If you wait until the problem arises after the divorce, you're doing yourself a disfavor. It will cost you more in the long run to fix fraudulent and unauthorized credit then it will to put up the necessary protections to save you from this problem.

Consulting with a family law lawyer will save you significant problems down the road. West Palm beach based LaBovick Law Group offers free consultations, so please don’t hesitate to call if you need advice regarding credit problems after a divorce.