http://myemail.constantcontact.com/Happy-Holidays.html?soid=1101393926713&aid=OryYj4KKKoI

http://myemail.constantcontact.com/Happy-Holidays.html?soid=1101393926713&aid=OryYj4KKKoI

Happy Holidays

Happy Holidays from

Gallagher & Associates Law Firm

Happy Holidays from all of us, to all of you. As we reflect over the past year and look to the New Year, we wanted to thank you, our clients, colleagues and friends of the firm.

We sincerely appreciate the bonds that we have forged with you and look forward to growing in our relationships with you.

We wish you and yours the warmest of holidays and a happy, healthy and prosperous New Year!!!

Sincerely,

Charles, Erika, Ginny, Jason, Ashley, Chris & Chip

Gallagher & Associates Law Firm, P.A.

ABA Holiday Networking Podcast

http://www.abanet.org/buslaw/committees/CL745000pub/materials/audio/2010/2010-holiday-networking.mp3

Holiday Pet Safety

As the holiday season draws near it is important to keep a more vigilant eye on our pets. Unfortunately, holiday decorations and common holiday foods pose great risks to our pets.

One of the most commonly ingested dangerous food around the holidays is chocolate, which is highly toxic to dogs. Even a small amount of chocolate can use vomiting and diarrhea, while larger amounts can cause seizures and heart arrhythmias. It might be wise to not place any boxes of chocolate under the Christmas tree, even if the box is wrapped. Dogs can easily find a way to get to the chocolate.

Another commonly ingested item by pets, believe it or not, is alcohol. Please watch your drinks as alcohol can cause seizures, drops in blood sugar, blood pressure, and body temperature, and even respiratory failure.

Grapes and raisins may seem innocuous, but these are very dangerous to dogs as they may cause kidney failure. Take care not to give any food that contains either raisins or grapes to your pets.

With the holiday season comes excess food. Fatty foods can cause pancreatitis, which sometimes leads to abdominal pain and vomiting, and in severe circumstances, can result in death. Instead of giving fatty leftovers to your pets, it is best to safely discard them in a place where your pets can get to them.

Now as far as plants go, there are plenty of frequently purchased plants that are extremely harmful to your pets. Poinsettias, mistletoe, and holly berries are all toxic to varying degrees. Flowers in the Lily family can cause severe kidney failure in cats.

Lastly, Christmas trees may pose a wide array of problems for pets. First of all, Christmas trees themselves are considered to be mildly toxic, which can lead to many health problems if your pet tries to eat any part of it. The ingestion of pine needles may lead to gastrointestinal obstruction or puncture. If you have a live tree, please take notice that if you add preservatives in the water for your tree, some of these preservatives contain chemicals that can cause gastrointestinal problems.

In addition, Christmas ornaments can be problematic as many pets will try to eat some of them, especially sparkly tinsel. Ingestion of these ornaments may lead to gastrointestinal blockage or rupture. Finally, Christmas lights can be a major hazard to pets, especially birds since they like to chew on everything. Chewing on the light cords can, of course, cause electric shocks and burns to your pets.

With all of these potential hazards during the holidays, it is best to keep your pet in an "undecorated" area of the house when you are not home so you do not have to face any unpleasant surprises when you come home.

If your pet manages to eat anything that it should not, please seek immediate help from your veterinarian or a pet poison hotline.

Foreclosure Fund Proposed

A Federal Reserve official voiced approval Thursday for a fund that would compensate borrowers whose homes were improperly foreclosed upon.

Fed Governor Elizabeth Duke told a House subcommittee that she supports the idea, hich has been discussed in meetings between state attorneys general and banking-industry officials.

The committee hearing focused on allegations that major banks used flawed foreclosure documents to seize homes. The central bank and other banking regulators are investigating the issue.

"I think it would be very positive if there was a mechanism to deal with these problems as they came forward," she told the panel.

State attorneys general, who are conducting a separate investigation, are seeking a settlement with the mortgage industry that also would overhaul other industry practices, such as modifying loans for struggling homeowners.

Mortgage-operations officials from several of the biggest U.S. banks also testified. They promised to make every effort to keep people in their homes with modified loans, keeping foreclosure only as a last resort.

Officials from Ally Financial, Bank of America, JPMorgan Chase, Citigroup and Wells Fargo said they don't believe any document errors led to foreclosures that would not have occurred otherwise.

2010 3 Day (88 photos), by Charles Gallagher

I'd like to share my Snapfish photos with you. Once you have checked out my photos you can order prints and upload your own photos to share.
Click here to view photos

Wells Fargo Foreclosure Problems

After stating that they were confident with their procedures and documents, Wells Fargo has now admitted they made mistakes in the paperwork for thousands of foreclosure cases. They announced plans to refile documents in 55,000 of the cases by mid-November. Wells Fargo described the mistakes as technical and said it has no plans to halt the foreclosure process, though filing new paperwork will cause some delays.

“We don't believe that there are instances in which the foreclosures would not have occurred otherwise,” said Teri Schrettenbrunner, a Wells Fargo spokeswoman. The documents are being refiled in the 23 states where a judge's approval is needed to complete a foreclosure.

Wells Fargo’s CEO, John Stumpf, has declined to join Bank of America Corp., Ally Financial Inc.'s GMAC Mortgage and other banks in suspending foreclosures because of flawed paperwork that surfaced at several large banks. On a conference call with investors this month, Stumpf said the bank is "confident that our practices, procedures and documentation" are accurate.

Depositions of two Wells Fargo employees have called the company's foreclosure practices into question. A Fort Mill, S.C.-based Wells employee said in a deposition taken last March that she signed between 300 and 500 foreclosure documents per day. In another deposition taken in May, another Wells employee said he verified only the dates on up to 150 foreclosure documents he signed daily and relied on co-workers to ensure that other information was correct.

Consumer Foreclosure Alert

Lenders Suspend Foreclosures

In the wake of the recent testimony that loan representatives routinely signed thousands of documents a without reviewing the documents or verifying that the information was accurate or correct, four lenders have suspended their foreclosures pending internal investigations. The following lenders have announced that they will stay foreclosures:

Bank of America
GMAC/Ally Financial
JP Morgan Chase
PNC Financial

It is expected that additional lenders will follow suit in the near future given the widespread nature of the problems. However, Wells Fargo reported that it was not going to stay any of their foreclosures as it was confident with regard to their documents and practices.

Despite what appears to be good news, in at least one local case, attorneys for Bank of America have failed honor the stay and proceeded forward with the foreclosure litigation, stating that the stay only applies to some cases.

Caution for Occupancy Inspections

Homeowners should also be cautious for contrived occupancy or property inspections by contractors for banks which are really designed to intimidate and scare homeowners.

While the terms of most mortgages give banks the right to secure a vacant property and confirm that the borrowers reside in home, lenders are using this as collection effort where the representative will misrepresent the foreclosure process and threaten an immediate ejectment from the home.

After a homeowener has advised the represaentative that they reside there and property is secured, you can direct the representative to leave your property as they have no legitimate reason for remaining on the property. In some cases the statements of the bank representative have risen to a level of fraud and law enforcement has been summoned to issue a no-trespass warning.

Breast Cancer 3 Day

Komen for the Cure 3 Day.
http://www.the3day.org

There will be a lot of pink visible in the Tampa Bay area this weekend. From Friday-Sunday over 1700 walkers will trek 60 miles in three days to raise money and awareness for breast cancer treatment, research and advocacy. Spectators can attend the opening ceremonies at Sand Key Park in Clearwater on Friday morning, closing ceremonies at North Shore Park by The Pier in St. Petersburg on Sunday afternoon or opt for a cheering station along the route. Last year’s 3 Day raised over $4 million dollars.

Avvo

Charles Reiger Gallagher III

View lawyer's profile

‘Foreclosure Armageddon’ looms - Tampa Bay Business Journal

‘Foreclosure Armageddon’ looms - Tampa Bay Business Journal

Florida could soon become No. 1 state for foreclosures - St. Petersburg Times

Florida could soon become No. 1 state for foreclosures - St. Petersburg Times

Foreclosure Alert

Lenders Suspend Foreclosures

In the wake of the recent testimony that loan representatives routinely signed thousands of documents a without reviewing the documents or verifying that the information was accurate or correct, four lenders have suspended their foreclosures pending internal investigations. The following lenders have announced that they will stay foreclosures:

Bank of America
GMAC/Ally Financial
JP Morgan Chase
PNC Financial

It is expected that additional lenders will follow suit in the near future given the widespread nature of the problems. However, Wells Fargo reported that it was not going to stay any of their foreclosures as it was confident with regard to their documents and practices.

Despite what appears to be good news, in at least one local case, attorneys for Bank of America have failed honor the stay and proceeded forward with the foreclosure litigation, stating that the stay only applies to some cases.

Caution for Occupancy Inspections

Homeowners should also be cautious for contrived occupancy or property inspections by contractors for banks which are really designed to intimidate and scare homeowners.

While the terms of most mortgages give banks the right to secure a vacant property and confirm that the borrowers reside in home, lenders are using this as collection effort where the representative will misrepresent the foreclosure process and threaten an immediate ejectment from the home.

After a homeowner has advised the inspector that they reside there and property is secured, you can direct them to leave your property as they have no legitimate reason for remaining on the property. In some cases the statements of the bank representatives have risen to a level of fraud and law enforcement has been summoned to issue a no-trespass warning.

State Attorneys General to Investigate Foreclosure Fraud

The attorneys general of up to 40 states plan to announce a joint investigation into banks' use of flawed foreclosure paperwork. An announcement could come as early as Tuesday.

Iowa Attorney General Tom Miller will likely lead the investigation. Miller already has been leading multistate reviews of questionable foreclosure documents. Additionally, Attorney General Eric Holder has said the federal government is also looking into the issue.

BOA Halts Foreclosures

Mortgage Fraud Stats

Florida is among the nation's leaders in yet another category.....mortgage fraud.

A predicate to the crisis of bad loans currently defaulting across the country was mortgage fraud in the application and underwriting of loans.

According to federal commission, Florida played a major role in the number of loans with associated fraud. The Financial Crisis Inquiry Commission opened hearings in Miami that focused on liar's loans, predatory mortgage practices and inflated home appraisals.

They concluded that the financial impact of the fraud was more severe than most have estimated, and prosecuting those responsible will be nearly impossible. It was the third of four hearings being carried out nationwide by the commission, which Congress assembled last year to investigate the causes of the global financial meltdown.

GMAC Halts Foreclosures

GMAC Mortgage directed their attorneys to halt foreclosures on homeowners in 23 states including Florida, Connecticut and New York.

They stated that they may "need to take corrective action in connection with some foreclosures." Brokers were told to stop evictions, cash-for-key transactions and lockouts, regardless of occupant type, with immediate effect, according to an internal company document, addressed to GMAC preferred agents.

The company will also suspend sales of properties on which it has already foreclosed. The letter tells brokers to notify buyers that the company will extend the closing date on all sales by 30 days. Buyers will be able to cancel their agreement to purchase and get their deposit back, according to the letter.

GMAC Mortgage ranked fourth among U.S. home-loan originators in the first six months of this year, with $26 billion of mortgages, according to industry newsletter Inside Mortgage Finance. Wells Fargo & Co. ranked first, with $160 billion, and Citigroup Inc. was fifth, with $25 billion.

GMAC was created in 1919 to provide financing for buyers of General Motors Co.'s vehicles. GMAC converted into a bank holding company in 2008 as it received more than $17 billion of government funds during the financial crisis.

Vista Print

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Judge Slams Wells Fargo

A California federal judge has ordered Wells Fargo to refund $203 million in overdraft fees to customers affected by the bank's "unfair and deceptive" practice of clearing transactions from largest to smallest dollar amount.

U.S. District Court Judge William Alsup found that Wells Fargo acted wrongfully to trigger overdraft fees. Alsup said he is ordering restitution because Wells Fargo devised "a trap that would escalate a single overdraft into as many as 10 through the gimmick of processing in descending order. It then exploited that trap with a vengeance, racking up hundreds of millions off the backs of the working poor, students and others without the luxury of ample account balances."

At trial, internal bank documents were found which shows how Wells Fargo relied upon and encouraged overdraft fees. Research has found that overdraft fees have become the single largest source of consumer fee income for banks.

At Wells Fargo, overdraft fees are the second-largest revenue source for its consumer deposits group, generating more than $1.4 billion in California from 2005 to 2007, according to court documents.

Banks, including Wells Fargo, have long maintained that they clear large before small transactions to give priority to important payments for mortgages and cars. But this also generated more fees because it empties the bank account more quickly.

Florida Foreclosure Stats

Recent statistics show that Florida leads the nation in foreclosures in first half of 2010.

Florida led the nation in foreclosures in the first six months of the year, according to new data released in July.

The Miami Fort Lauderdale area received more foreclosure-related warnings in the first half of this year than any other, foreclosure listing firm RealtyTrac Inc. said.

Florida accounted for nine of the top 20 metro areas with the highest foreclosure rates.

Pitfalls of Mandatory Foreclosure Mediation

Generally, the Florida supreme court order outlining new procedures to expedite foreclosure cases has been helpful to borrowers. However, there is one major concern for the borrowers under these new procedures which is the requirement of borrowers to furnish private financial information to lenders prior to mediation.

Lenders are requesting the full disclosure of private financial information from borrowers prior to mediation, yet the lenders furnish no information regarding their financial stability. Normally, personal financial disclosure is given during discovery in aid of execution after a judgment has been rendered. Florida Rules of Civil Procedure 1.560 allows for a judgment creditor to seek discovery to help execute his or her judgment. In addition, a judgment creditor is allowed broad discovery into the debtor’s finances. Appley's Tru-Arc, Inc. v. Liquid Extraction Systems Ltd. Partnership, 526 So.2d 177, 179 (Fla 2d DCA 1988). However, at the point of mediation in these foreclosure cases there has been no judgment. We believe the compulsion of borrower’s private financial information to be in contravention of Florida law.

Personal finances are among those private matters kept secret by most people. Rappaport v. Mercantile Bank, 17 So.3d 902, 906 (Fla. 2d DCA 2009). In Florida, there is a general rule that personal financial information is discoverable only in aid of execution after a judgment has been entered. Friedman v. Heart Institute of Port St. Lucie, Inc., 863 So.2d 189, 194 (Fla. 2003). Furthermore, the trial court should be “sensitive to the protection of a party from harassment and from an overly burdensome inquiry.” Tennant v. Charlton, 377 So.2d 1169 (Fla., 1979). Courts have to be mindful that the exposure of personal financial affairs may be used by plaintiffs trying to coerce a settlement against an innocent defendant. Tennant v. Charlton, 377 So.2d 1169, 1170 (Fla., 1979).

Additionally, courts have to analyze whether the financial information sought is relevant to the matters being litigated as the disclosure of personal financial information during discovery may cause irreparable harm to the person forced to disclose it. Friedman v. Heart Institute of Port St. Lucie, Inc., 863 So.2d 189, 194 (Fla. 2003). The Florida Constitution protects the financial information of individuals if there is no relevant or compelling reason to compel disclosure. Spry v. Professional Employer Plans, 985 So.2d 1187, 1 (Fla. 1st DCA 2008). Thus, a party seeking private financial information must provide evidence to show that the information is relevant. Id. The relevance of financial information should be determined only after an evidentiary hearing. Id.

Thus, it is perplexing that under the new mediation rules for foreclosure cases that a borrower is required to submit private financial information to the lenders when the lenders do not have a judgment against them. The relationship at the time of mediation is not yet one of judgment creditor to judgment debtor. Furthermore, Florida even has a right to privacy set forth in its own constitution which “expresses a policy that compelled disclosure through discovery be limited to that which is necessary for a court to determine contested issues.” Rappaport v. Mercantile Bank, 17 So.3d 902, 906 (Fla. 2d DCA 2009). At the time of mediation, the borrower’s financial solvency and net worth are not being contested nor adjudicated.

Moreover, the lenders assumed the risk of initiating a loan at the loan’s underwriting stage. Thus, there is nothing in the note or mortgage that requires the disclosure of personal financial information after the loan’s inception. The disclosure of financial information by the borrowers is an invasion of privacy and may cause irreparable harm. As such, we are strongly opposed to the compelled disclosure of personal financial information without any legal basis for such disclosure.

New Banking Laws

On July 21, 2010 President Obama signed a sweeping new consumer financial protection law which seeks to end some of the banking practices that resulted in the current condition of our economy. The legislation gives the government new powers to break up companies that threaten the economy, puts more light on the financial markets that escaped the oversight of regulators and creates a new agency to guard consumers in their financial transactions

The law is entitled the Dodd-Frank Wall Street Reform and Consumer Protection Act. The new law creates new federal agencies including: Financial Stability Oversight Council, the Office of Financial Research, and the Bureau of Consumer Financial Protection. The Council is charged with maintaining the country’s financial stability.
Large, failing financial institutions would be liquidated and the costs assessed on their surviving peers. Borrowers will be protected from hidden fees and abusive terms, but also will have to provide evidence that they can repay their loans.

The Federal Reserve will get new powers while at the same time coming under they can repay their loans. The Federal Reserve will get new powers while at the same time coming under expanded congressional oversight.

The law creates a new watchdog agency within the Federal Reserve that will be charged with protecting consumers in financial transactions and gives the government more power to break up failing companies. It also gives the Federal Reserve more power, while subjecting the central bank to greater congressional oversight.

The package is expected to cost $19 billion, and it would include $3 billion in new funds to help unemployed homeowners avoid foreclosure and $1 billion to enable local governments to buy and rehabilitate foreclosed and abandoned properties and sell them to low and moderate-income buyers.

It sets up an independently funded Consumer Financial Protection Bureau, which would supervise and regulate mortgage and credit-card products, including payday lenders. Some of the broad based consumer protections include:

• Overdraft Protections
• Credit Card Swipe Fee Limits
• Limitations on Mortgage Broker Commissions
• Practical Mortgage Underwriting Standards (“Liar Loans”)
• Regulation of Credit Rating Services
• Fiduciary Duty Protections for Consumers in Banking
• Predatory Lending Prohibitions and Penalties

Pinellas Foreclosure Mediation

Watch this at Tampa Bay Online

Citi Haults Gulf Coast Foreclosures

Citi Halts Gulf Coast Foreclosures


Citigroup Inc., the recipient of a $45 billion taxpayer bailout, will suspend foreclosures in coastal areas hit by the BP oil spill in the Gulf of Mexico.
The three-month foreclosure moratorium will apply to loans owned by the bank's mortgage unit, not debt that Citigroup services for other lenders or investors. Homeowners within about 25 miles of the coast will be covered and evictions will be halted if properties have already been seized.

Following suit, Fannie Mae, the government-supported mortgage company, reminded the companies that manage its loans that they can immediately suspend or reduce payments for borrowers for at least three months given the loss of income occasioned by the oil spill.

Citigroup's move will protect about 1,200 homeowners.

Fannie Mae Delisted from NYSE

Fannie Mae Delisted from NYSE

Federal regulators' decision week to remove shares of Fannie Mae (FNM) and Freddie Mac (FRE) from the New York Stock Exchange marks a fundamental change for the two mortgage agencies now operating under conservatorship.
The conservator, the Federal Housing Finance Agency, said the move was a result of both companies trading around $1 for more than 30 days. Freddie was recently down 40% at 73 cents, while Fannie traded 38% lower at 57 cents.

The government took over the nominally independent mortgage finance companies at the height of the credit crisis in September 2008. Since then, while many plans for reform and restructuring have been discussed, there is no clear plan on how to get them out of government protection.

G&A News & Notes

G&A News & Notes


*Charles Gallagher was a speaker at the St. Petersburg Residential Foreclosure Forum hosted by the City of St. Petersburg and the St. Petersburg Bar Association. In addition to presenting, Charles met with homeowners facing foreclosure.

*Charles Gallagher was featured on Fox 13 News in connection with the foreclosure of Sendate Candidate Marco Rubio. The story can be viewed here: Rubio Story

*On June 18, G&A hosted a World Cup Watch Party. Thanks to all our clients, colleagues and friends that came out.

*Charles Gallagher was featured on News Channel 8 offering commentary on Pinellas County's managed mediation program. The story can be viewed here:
News 8 Story

*The St. Petersburg Times profiled the case of Bickhart v. Americana Cove where a mobile home park is attempting to evict a handicapped young man. You can view the story here:
Times Story

*On July 29th, Charles Gallagher will present a national teleconference on Ethical Considerations of Your Pro Bono Practice. For more information clik here.Conference Info

*Charles Gallagher was a panelist on MyTampaBay TV's Taking Sides program which discussed tenant's rights in foreclosure.
___________________

Judicial Candidate Profile

Judicial Candidate Profile By Alison Parker


Tom Ramsberger, a local attorney, is running for the Sixth Judicial Circuit Court, Group 20. A St. Petersburg native, Tom now raises his three daughters with his wife in the city in which he spent his own childhood.

Love for the law runs in the Ramsberger family. Tom has a twin brother, Tim, who is also an attorney. Their older brother, Peter, is a local judge. Tom, a 22-year-member of the Florida Bar, is also a certified mediator and adjunct professor at Stetson University College of Law.

Mr. Ramsberger has always seen civic involvement as essential element of his adult life, and now wants to serve the community in an official capacity. He believes that before you adequately serve the needs of your constituents and those in your courtroom, you must acquaint yourself with them in their own environments. His longstanding work with Community Law Program and CASA are just two examples of how Tom aims to serve the community. He also is on the All Children's Hospital Foundation Board, a charter member of the St. Petersburg Bar Foundation, and regularly enjoys active with his children's school's PTA meetings.

Rubio Foreclosure

Lawsuit divides mobile home park - St. Petersburg Times

Lawsuit divides mobile home park - St. Petersburg Times

'BP Spill: We Need Your Help!'

'BP Spill: We Need Your Help!'

Expert Hub Profile

Charles Gallagher

Hurricane Season Outlook

NOAA has issued an alarming hurricane forcast this year stating that it will be an "an active to extremely active" season:

· 14 to 23 storms big enough to be named.

· Eight to 14 hurricanes - storms with winds of 74 mph or greater.

· Three to seven major hurricanes - those with winds exceeding 111 mph.

That is the most named storms NOAA has forecast since it began issuing the outlook in 1998. Only 2005 had more actual named storms: 28, including 15 hurricanes. NOAA predicted more storms than actually occurred only once, in 2006.

"We could be facing one of the more active seasons on record," NOAA Administrator Jane Lubchenko said at a news conference.

The hurricane season is June 1 to Nov. 30, but most storms occur in August through October.

State and federal emergency planners are worried about a storm surge that could carry oil from the Gulf spill far inland.

Banks Investigated

New York Attorney General Andrew Cuomo has launched an investigation into eight banks to determine if the misled mortgage ratings agencies regarding mortgage securities. Cuomo's office will investigate how the banks profited from bundling and selling sub-prime mortgages.

During the housing boom, Wall Street banks often packaged pools of risky subprime mortgages. The securities were then given top-notch ratings and investors purchased them, in part, because of their high

Banks subject to the investigation included: Goldman Sachs, Morgan Stanley, UBS, Citigroup, Credit Suisse, Deutche Bank, Credit Agricole and Merril Lynch, which is now part of Bank of America.

The rating agencies, such as Standard & Poors, Moody's Investors Service and Fitch Ratings Agencies were paid by the banks to grade their securities. Investors relied upon the ratings services for objective evaluation, not knowing that the information was inaccurate.

The securities have been widely blamed for the mortgage crisis and costing investors billions of dollars in losses. The ratings agencies have come under fire for giving high ratings to pools of sub-prime and non-performing mortgages.

BP Spill: How Can I Help?

Because of the oil spill's changing trajectory in the Gulf of Mexico, Florida faces the threat of contamination from the oil spill. Many people would like to lend a hand in case Florida is affected. Although currently volunteer and employment opportunities are limited in Florida, there are many ways to help both through community programs, county programs, and possibly through BP sponsored programs.


BP stated that only trained, paid workers will be allowed to handle oil-contaminated materials. Contact with crude oil or crude oil contaminated materials without proper training could be hazardous to your health. As such, it is advised against conducting any cleanup or recovery activities without the proper training and supervision from the authorities. To be added to BP's volunteer database, interested individuals are asked to register with BP's Volunteer Hotline, 1-866-448-5816. A local coordinator will contact you if and when volunteer help is needed.


There are also volunteer opportunities within Florida counties including reporting oil sightings, pre-oil landfall beach cleanups, fundraising, and other activities.



To view the opportunities available in your county, please visit http://www.volunteerfloridadisaster.org. Local opportunities in Pinellas County include beach and wildlife monitoring. To report oil along the shoreline, please call both the BP hotline at 1-866-448-5816 and the State Warning Point at 1-877-2-SAVE-FL.If you are not able to lend a hand, but can make a donation, the Clearwater Marine Aquarium has set up an Oil Spill Emergency Fund, and donations can be made by calling the aquarium at (727) 441-1790 or visiting www.seewinter.com. Also, the Suncoast Seabird Sanctuary in Pinellas is accepting donations of items such as towels and Dawn dish soap to treat oiled birds.


If you see an injured or otherwise distressed animal, please do not attempt to help it or transport it on your own. Tri-State Bird Rescue and Research has been contracted to handle oiled wildlife. If you find a distressed animal, please contact call 1-866-557-1401.


Lastly, for those who have boating vessels available and would like to volunteer, the Vessels of Opportunity (VOO) program provides local boat operators an opportunity to assist with response activities, including transporting supplies, assisting wildlife rescue and deploying containment and sorbent boom. Only vessel captains and employees that have completed training and meet the requirements are eligible to work in the BP Vessels of Opportunity program. The vessel owner does not need to be the operator or part of the crew. Owners and captains will receive a phone call when they are selected for hire. If interested, please call (281) 366-5511 for more information.

A Different Take on DNR

You have probably heard the term D.N.R. in realm of health care. D.N.R. stands for Do Not Resituate and is signifies a patient's choice to die peacefully. Doctors and other health care providers honor this directive and will withhold medical care based upon the patient's wishes.

In his essay "Shock Me, Tube Me, Line Me" recently published in Health Affairs, Dr. Boris Veysman, a New Jersey physician, challenges terminal patients and their families to reconsider the gravity of a DNR. In the essay he states:

"Life is precious and irreplaceable. My version of DNR is "Do Not Resign." Don't give up on me if I can still think, communicate and enjoy life. Treat my depression, dehydration, malnutrition and pain. Even severe, incurable illness can often be temporarily fixed, moderated or controlled, and most discomfort can be made tolerable or even pleasant, with simple drugs. Surround me with people; bring the kids so I can teach and talk to them. Let me use my e-mail. Recall the great people of our time who thrived with disability. People like Stephen Hawking, who has ALS and quadriplegia. People like Christopher Reeve. Only after you make every effort to let me be happy and human, ask me again if my life is worth living. Then listen and comply. At that point, if I wish to die, let me die. But until that happens, none of us realize what I can accomplish with another day, another week, another month. So do it all for me. Then ask someone to do it all for you."


No matter what your choice, it is always advisable that patients make their wishes known to their doctors, family members and loved ones.

New Airline Laws

The Department of Transportation has issued new guidelines for domestic flights restricting how long airlines can hold passengers on the tarmac during delays. Among the new rules:

Airlines would be required to provide food and water after a two-hour delay.

*Passengers would have to be deplaned after three hours.

*Airline staff would have to keep toilets working.

*Airlines must provide passengers with an e-mail address and a mailing address for filing complaints.

Civil penalties of up to $27,500 per passenger would be paid to the government for violating any aviation consumer rule.

Florida Super Lawyers

Charles R. Gallagher, III

online at

visit superlawyers.com

Defamation Case

G&A News & Notes

*Charles Gallagher was recently featured on Fox 13 News discussing the Non-Judicial Foreclosure Bill that is before the Florida legislature.

*Joe Milligan just released his second CD titled "Better Late Than Never." For those of you that do not know, in addition to being a seasoned litigator, Joe is an accomplished singer and songwriter. On April 16 Joe debuted the songs at The Hideaway Cafe.

*Charles Gallagher was recently featured on Bay News 9 discuss the proposed budget cuts to the Clerk of Courts offices across the state.

*G&A was a proud sponsor of the St. Petersburg Bar Association's Law Day Run on April 17 at Crescent Lake Park.

*G&A was also a sponsor of the St. Petersburg Bar's Meet the Judges Luncheon held on April 6 at the Pinellas County Courthouse.

*On April 27, Charles Gallagher presented a lecture on Essential Lease Elements at SES's Beyond Basic Landlord Tenant Law seminar.

*Charles Gallagher was featured on Good Day Tampa Bay and Fox 13 News discussing the housing sale market and foreclosure trends.

Beach Injuries

Its that time of the year again where we look forward to warmer weather and the beach. The last thing you expect is leaving the beach in an ambulance. Aside from the sun, two of the biggest threats you are likely to encounter are sting rays and jelly fish. So what to do if you find yourself the victim of a sting ray sting or a jelly fish bite?

Stingray stings are caused by the sharp barb that transmits a protein-based venom. This venom causes extreme pain for a few hours and leave cuts and abrasions at the sting site. The pain is most extreme during the first 30-90 minutes after the sting. While most sting ray stings are not severe, if you experience any nausea, vomiting, muscle cramping or chills call EMS immediately or go to the nearest emergency room. The treatment for sting rays stings is fairly simply, soak the affected limb in the hottest water tolerable for at least an hour. An instant hot pack is also helpful. Because stingray venoms are composed of heat-labile proteins, doing this will deactivate the poison. Always seek the medical care of your physician in the event of a sting. Of course, to prevent encountering a ray, drag or shuffle your feet when you are walking into the water so that you bump into stingrays instead of stepping on top of them.

Treating jellyfish stings involves two steps. The first step is to deactivate any stingers. The second step is to remove the stingers from the victim's skin. If you can't get to a doctor immediately, these steps may provide relief from the jellyfish venom. Pour white vinegar on the sting. If no vinegar is available you can use any type of meat tenderizer to neutralize the venom. Remove deactivated stingers by applying shaving foam to the sting area. Scrape the skin closely with a razor, knife blade, or credit card. Remove any venom in the skin by applying a paste of baking soda and water and using a cloth covering. Ice can be applied to stop the spread of venom until either of these is available. Soothe any remaining skin irritations with over-the-counter antihistamine pills or creams containing diphenhydramine (Benadryl). Again, seek the care of your physician after any stings.

New Airline Rules

New Airline Rules

The Department of Transportation has issued new guidelines for domestic flights restricting how long airlines can hold passengers on the tarmac during delays. Among the new rules:

*Airlines would be required to provide food and water after a two-hour delay.

*Passengers would have to be deplaned after three hours.

*Airline staff would have to keep toilets working.

*Airlines must provide passengers with an e-mail address and a mailing address for filing complaints.

Civil penalties of up to $27,500 per passenger would be paid to the government for violating any aviation consumer rule.

Good Day Tampa Bay-Foreclosure Figures

Housing Sales Down

Abandoned Homes

Proposed budget cut could slash Pinellas court staff

Proposed budget cut could slash Pinellas court staff

New Foreclosure Numbers Released

Fox 13 Story on Non-Judicial Foreclosure

G&A News & Notes


*Erika Mariz was featured on Fox 13 New discussing government help for homeowners in default.

*Charles Gallagher was recently featured on Fox 13 News to discuss the new foreclosure figures and modification issues.

*On April 27 will present a discussion on Lease Elements at the SES Basic Landlord Tenant Seminar in Tampa.

*G&A will sponsor the St. Petersburg Bar Association's Law Day Run on April 17 at Crescent Lake Park.

*G&A will be a sponsor of the St. Petersburg Bar's Meet the Judges Luncheon on April 6.

*Charles Gallagher recently served as a judge at Stetson College of Law's Yerrid Trial Competition.

Government Help for Mortgages in Default

G&A Spring Open House

Please join us for our Spring Open House on April 14 from 5:00-8:00 pm. at our Party Deck and Tiki Bar.

Our theme for the party is St. Pete Vice: Ode to the 80's. We will have a DJ spinning 80's tunes and will feature your favorite 80's fare. You dont have to come in 80's attire, but we will have prizes for the best dressed in 80's attire.

As always, we will have ample food, beverage and fun.

To RSVP, reply to this email or contact Ginny at ginny@attorneyoffices.org or 727-344-5297.

Non-Judicial Foreclosure

The Florida Bankers Association has presented a bill to Florida legislators aimed at ending the due process rights of Florida homeowners by instituting non-judicial foreclosures. The act, titled The Florida Consumer Protection and Homeowner Credit Rehabilitation Act seeks to end foreclosure lawsuits and fast track foreclosures in a little as 90 days. Just as it sounds, banks would accelerate foreclosures against defaulting homeowners without the need for the courts and judges would no longer rule on foreclosure cases.

Attorneys would have no forum to assert legal or factual defenses and banks could automatically auction the home out from under you, despite any legal defense. Passage of this bill would end the new mandatory foreclosure mediation required by the Florida Supreme Court. Finally, this act would permit money judgments for the deficiency between the foreclosure auction sale price and amount of the loan after the house is lost.

This proposed law presents serious due process concerns and will drastically change the way banks handle loans in default. It will drastically limit the rights of homeowners and consumers.

The Florida Legislature convenes on March 2, so take this opportunity to tell your representatives that you do not support this dangerous bill. To find the contact information for your legislators, click below:

Find Your Legislator

Jury Trial Waivers

These days waivers of jury trial are standard in certain contracts, especially in mortgages. What is a waiver of jury trial? It's a provision in a document that means you give up your Constitutional right to have your lawsuit decided by a jury. A waiver of jury trial does not mean you are not allowed to sue; rather, it means that if you do sue, and your case goes to trial, a judge rather than a jury will decide your case.

Are waivers of jury trial enforceable? The answer is usually yes. Courts generally deem that if you signed a contract containing a waiver of jury trial, you are held to be in agreement it, regardless of whether or not you even read the provision.


Of course, there are exceptions, but for the most part, courts will enforce a waiver provision. This means that if you are a signing a contract, first be sure to read it in its entirety. If possible, you should consult an attorney. You should also ask the party that drew up the contract to remove the waiver provision if you do not want to give up your right to have a trial in front of a jury should there be a dispute relating to the contract.

The bottom line is that a waiver of jury trial is usually upheld by courts, so if you don't want to give up your right to have a jury decide your lawsuit, please have that provision removed or be prepared to walk away from the deal.

Foreclosure Article

New Foreclosure Figures

Breast Cancer 3 Day

Credit law puts parents on the hook for teens' cards - Bay News 9

Credit law puts parents on the hook for teens' cards - Bay News 9

Sinkholes in Bay Area

Over 30 sinkholes have recently opened up around Tampa Bay this past month. Why the sudden increase in sinkholes?

We have the cold weather spell to thank for this rash of sinking. During the recent cold snap, much of the groundwater below the surface has vanished.

The lowered groundwater levels are due to pumping of water to protect crops from freezing temperatures. Farmers use water to give their plants a protective coating, or just to keep them warm during the period of freezing temperatures.

Research shows when that water's quickly pumped out of wells, the slow, natural process of sinkhole formation can be sped up dramatically.

G&A handles sinkhole claims and litigation, should you find yourself in a sinking situation.

Cat Called to Jury Duty

A family in East Boston was shocked when their family cat Sal received a jury summons recently. Sal's owners, Guy and Anna Esposito, believe the source of the confusion came from the last Census. Mrs. Esposito considers Sal a member of the family and listed "Sal Esposito" under a section for pets and wrote "cat" next to his name.

Mrs. Esposito has since tried to clear the mix-up by filing for Sal's disqualification of service. However, the jury commissioner denied the request. As it stands, Sal is required to appear at the Suffolk Superior Court on March 23, 2010. Mrs. Esposito hopes that the issue is resolved by then. If not, Mrs. Esposito plans to bring Sal to court to report for jury duty.

New Credit Card Laws

On February 22, 2010, the Credit Card Accountability, Responsibility and Disclosure, or Credit CARD, Act of 2009 goes into effect. The legislation will improve consumer disclosures and end some questionable practices in the credit card industry. There Act contains eight major changes.

1. Retroactive rate increases

Issuers can't raise rates on an existing balance unless a promotional rate expired, the variable indexed rate increased or you paid late by 60 days or more. No longer will they be able to punish borrowers for late payments on unrelated accounts under the practice of universal default or due to "anytime, any reason" clauses.

2. More advance notice of rate hikes

Consumers get 45 days' notice before key contract changes take effect, including rate increases. Under the current Truth in Lending Act, cardholders only receive a 15-day heads up.

3. Fee restrictions

Cardholders will not face overlimit fees unless they elect to allow the creditor to approve overlimit transactions. Issuers can't charge more than one overlimit fee per billing cycle.

4. Restricts card issuance to students

Consumers under age 21 who can't prove an independent means of income or provide the signature of a co-signer aged 21 or older won't get approved for credit cards.

5. Ends double-cycle billing

The new law bans double-cycle billing, the practice of basing finance charges on the current and previous balance. Under this method, the issuer could charge interest on debt already paid off the previous month.

6. Fairer payment allocation

A close look at your card agreement will likely reveal a clause that explains that payments will be applied to lower-rate balances first. Not so anymore. The Credit CARD Act requires above-the-minimum payments to be applied first to the credit card balance with the highest interest rate.

7. More time to pay

Card companies must send statements 21 days before a payment is due. Current law requires a mere 14 days' notice.

8. Gift card protections

The legislation includes protections for gift cardholders. The new law prohibits gift cards from expiring for at least five years. Issuer cannot assess inactivity fees unless the card has gone unused for 12 months.

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