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Latest Blog Posts

Victory For Borrowers! – CA Supreme Court Allows Chain of Title Challenges (Yvanova)

On February 18, 2016, the California Supreme Court issued a decision on a hotly contested issue between mortgage loan borrowers and foreclosing banks.   In Yvanova v. New Century, the California Supreme Court overturned a trial court’s dismissal of the plaintiff’s case finding Yvanova had “standing” to challenge the foreclosure of her home when she claimed…

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The IRS is easing up on ABLE Act Rules

The Achieving a Better Life Experience Act of 2014 (ABLE Act) allows a person with a disability and that person’s family to put money into a special tax-advantaged account that would not destroy eligibility in government benefit programs such as Supplemental Security Income (SSI) or Medicaid. The ABLE Act won final congressional approval and was…

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Dyslexia is Redefined in Order to Improve Services to Children

California passed Assembly Bill No. 1369 on October 8th which requires the Superintendent to develop program guidelines for dyslexia.  The guidelines are to be used to assist regular education teachers, special education teachers, and parents to identify and assess students who may have this learning disability.  In addition, the guidelines are to plan, provide, evaluate,…

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Houses passes Research Excellence and Advancements for Dyslexia (READ) Act

The House of Representatives passed the Research Excellence and Advancements for Dyslexia (READ) Act,  that would require the National Science Foundation to spend at least $5 million annually on dyslexia research. The bill passed out of the House on a voice vote. There currently is no Senate companion. READ Act

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U.S. Department of Education says: Schools must allow for the use of the terms dyslexia, dyscalculia and dysgraphia in special education matters

Parent and Advocate voices heard! The US Department of Education provides new guidance on the terms dyslexia, dyscalculia, and dysgraphia. WASHINGTON, DC – In response to the U.S. Department of Education, Office of Special Education and Rehabilitative Services letter to State Education Agencies today, Denise Marshall, executive director of the Council of Parent Attorneys and Advocates, Inc….

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Bill Seeks to Reduce Liability for Disability Violations

Senate Bill 251, approved by the state Legislature last week, would give businesses that pay for a Certified Access Specialist inspection a 120-day window to remedy construction-related disability violations without being liable for minimum statutory damages. Proponents, which include more than 40 chambers of commerce and hotel associations, say the bill promotes compliance over damage…

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Bill Would Increase Access To Special Needs Trusts

Legislation approved by the U.S. Senate this week may soon make it easier for people with disabilities to save money. The bill known as the Special Needs Trust Fairness Act would allow individuals with disabilities to establish a special needs trust for themselves. Under current law, such trusts must be created by a parent, grandparent,…

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Katherine Porter’s California Monitor Report – A Review of HBOR Legislation

On September 30, 2014, Katherine Porter, a UCI Professor who also serves as the California Monitor overseeing the HBOR legislation, released her highly anticipated report aconcerning the HBOR legislation.  In her report, Ms. Porter concludes that mortgage servicing has improved because of the National Mortgage Settlement, but lawmakers must look at reforming their own approaches to…

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Judge Permits Plaintiffs to Seek Punitive Damages Against Wells Fargo

Bergman has been prosecuting a loan modification negligence and breach of contract case against Wells Fargo for its deceptive practices in reviewing and negotiating a loan modification.  This case has been in litigation since April 2012 and new evidence obtained in discovery has led to the plaintiffs amending their complaint to add a cause of…

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