Monday, October 10, 2011
Paying Taxes is Not Compassion Nor Charity
Monday, June 27, 2011
Sunday, June 12, 2011
Lawsuit Against Chase Set for Jury Trial
During the last several years of the recession, with increasing unemployment and problems with the housing market, we have seen large numbers of families lose their homes in foreclosure. Bad enough if youhave been unable to make the payments to the bank. The embarrassment, time on the phone, time in court and financial strain all have a detrimental impact on your marriage and family. What if you discovered that the bank who sued you to foreclose, did not even own the note and mortgage for which they were foreclosing? What about if the bank had more than $80,000 of your money and refused to apply it towards the note and mortgage?
This was the case for a Nowata family, represented by Todd Cone and Brad Barron, who are battling with Chase Home Mortgage in Nowata County.
In January 2009, a Nowata couple lost everything when their home burned to the ground. Pregnant and with two small children, the couple moved back to Nowata to live in a mobile home, provided by parents, until they could receive insurance proceeds to purchase a home and start putting their lives back together. Records show that the house that burned was worth about $130,000, with about $90,000 owed on the note and
mortgage. The insurance company issued a check for $82,000, which the couple mailed to Chase to pay towards the mortgage. The couple requested that Chase apply the $82,000 and let them know the balance that was owed. The insurance company was ready to issue a check for the balance.
Chase refused to apply the funds towards payment of the note and mortgage, but instead sued the couple in May 2009, to foreclose on the burned down house. Frustrated, embarrassed and homeless, the couple called Chase on a weekly basis, trying to get Chase to apply the $82,000 Chase had in its account to the mortgage. Chase refused. Eventually, the foreclosure suit was dismissed. For the next several months, the couple spent hours talking to the various “customer service” representatives for Chase. Always to no avail. In September 2009, Chase again sued the couple to foreclose the mortgage on the burned down house, seeking more in interest and attorney fees and costs. After about 2 months,
the suit was dismissed.
The couple asked the insurance company to issue a check to Chase a check for $8,000, the amount they guessed was owed to Chase. Chase still refused to apply the $82,000 or the $8,000 and release the mortgage so that the couple to have access to the $30,000 in surplus insurance proceeds. Finally, the Nowata couple hired the Todd Cone Law Office and Brad Barron to file suit against Chase and Kivell, Rayment and Francis, the law firm who had wrongfully foreclosed against them - twice.
During discovery, Cone and Barron discovered that not only should Chase have not filed to foreclose, because they had more than $82,000 of the couple’s money, but Chase did not even own the note and mortgage upon which they had foreclosed - twice.
The case is currently set for a jury trial in October of this year.
Wednesday, May 4, 2011
2011 Boston Marathon
After 115 years, Boston has perfected the art of the marathon. This year on April 18, Patriots Day, a perfect day to run (40 degrees at the start and 50 degrees at the finish) a new world record was set at 2 hours and 3 minutes. I was within 200 yards of the winner . . . then the starter shot his pistol.
Wednesday, February 9, 2011
Ford Continues to Fight Customers and Appeals Ruling
After the Nowata District Court found Ford Motor Company liable for damages sustained by Ford customers in the customers' dealings with the Ford dealership in Nowata, Ford Motor Company decided to continue to battle Ford’s own customers. After securing judgment against the Ford Motor Company at trial where the Court ruled that Ford Motor Company failed to exercise ordinary care in appointing Edward Taylor and Thomas Plummer as a Ford dealer, Ford has appealed the ruling to the Oklahoma Supreme Court.
Jury was waived and the 7 remaining cases were tried to the Court. Plaintiffs claimed that Ford was negligent, appointing under-capitalized and inexperienced men to operate a dealership, leading directly to the foreseeable damages suffered by the Plaintiffs; and such was so reckless as to justify the award of punitive damages. Plaintiffs also claimed Ford should be held vicariously liable for the damages caused by the Ford dealership, which was operating as the “Face of Ford”. The Court found in favor of the Plaintiffs, Tammy and Timothy Thornton, Carolyn and Jerry McIntosh, Betsey Gorley, Jimmy Denman, and Kimberly Teague; awarding $100,000 in punitive damages against Ibex and Plummer; awarding Plaintiffs a portion of their actual damages, attorney fees and costs against Ford; the Court declined to award punitive damages against Ford. After motion, which included evidence of what Ford paid its own attorneys, the Court adjusted Plaintiffs’ reasonable attorney fees.