Saturday, March 31, 2007

Non-Georgia-Attorney-Owned Recruiting Firms Violate Georgia’s Unauthorized Practice of Law Statute


The Official Code of Georgia (O.C.G.A.) section 15-19-51. (a) (5) makes clear that it is the “Unauthorized practice of law … [and] (a) it shall be unlawful for any person other than a duly licensed attorney at law: (5) to furnish attorneys or counsel” for the purpose of closing personal or real property loans within the State of Georgia.

Thus, all attorney recruiting firms and companies using attorney recruiting firms should beware!

Only companies owned by a Georgia licensed attorney may hire persons to engage in acts that constitute the practice of law, including “conveyancing,” e.g., the transfer or pledge of real property as collateral for mortgage loans.

O.C.G.A. § 15-19-50 (2006) defines the practice of law, and specifies actions that are prohibited as the Unauthorized Practice of Law, including a requirement that only law firms may be involved in conveyancing, e.g., the transfer or pledge of real property as collateral for mortgage loans.

The preparation of court documents; conveyancing; legal instruments of all kinds where legal rights are secured; the rendering of opinions as to the validity or invalidity of titles to real or personal property; the giving of any legal advice; or any action taken for others in any matter connected with the law.

O.C.G.A. § 15-19-51 states that unless otherwise licensed to practice law, it is the Unauthorized Practice of Law in Georgia to furnish legal services, give legal advice or to furnish attorneys or counsel; or to render legal services of any kind.

O.C.G.A. § 15-19-51 (5) prohibits non-Georgia lawyers from furnishing attorneys or counsel as professional recruiters. It is illegal for a non-Georgia lawyer to recruit or to furnish Georgia-licensed attorneys to render legal services for others within the State of Georgia.

Thus, non-Georgia-attorney-owned professional recruiting companies, and the companies that hire professional recruiters for title companies, mortgage brokers, and lending institutions may be in violation of Georgia’s Unauthorized Practice of Law statute and subject to criminal prosecution and civil liability in the State of Georgia.

Georgia Unauthorized Practice of Law Statutes

GEORGIA CODE
Copyright 2006 by The State of GeorgiaAll rights reserved.

*** Current through the 2006 Regular Session ***

TITLE 15. COURTS CHAPTER 19. ATTORNEYS ARTICLE 3. REGULATION OF PRACTICE OF LAW
O.C.G.A. § 15-19-52 (2006)

§ 15-19-52. Lawful acts by parties involved; banking advice; legal instruments; title papers

Nothing contained in this article shall prevent any corporation, voluntary association, or individual from doing any act or acts set out in Code Section 15-19-50 to which the persons are a party; but, in preparing and filing affidavits in attachments and prosecuting such proceedings, it shall be unlawful for the plaintiffs to act through any agent or employee who is not a duly licensed attorney at law.

Moreover, no bank shall be prohibited from giving any advice to its customers in matters incidental to banks or banking; nor shall any person, firm, or corporation be prohibited from drawing any legal instrument for another person, firm, or corporation, provided it is done without fee and solely at the solicitation and the request and under the direction of the person, firm, or corporation desiring to execute the instrument.

Furthermore, a title insurance company may prepare such papers as it thinks proper or necessary in connection with a title which it proposes to insure, in order, in its opinion, for it to be willing to insure the title, where no charge is made by it for the papers.HISTORY: Ga. L. 1931, p. 191, § 1; Code 1933, § 9-401; Ga. L. 1937, p. 753, § 1; Ga. L. 1976, p. 1511, § 1.

TITLE 15. COURTS CHAPTER 19. ATTORNEYS ARTICLE 3. REGULATION OF PRACTICE OF LAW
O.C.G.A. § 15-19-50 (2006)

§ 15-19-50. "Practice of law" defined

The practice of law in this state is defined as:

(1) Representing litigants in court and preparing pleadings and other papers incident to any action or special proceedings in any court or other judicial body;

(2) Conveyancing;

(3) The preparation of legal instruments of all kinds whereby a legal right is secured;

(4) The rendering of opinions as to the validity or invalidity of titles to real or personal property;

(5) The giving of any legal advice; and

(6) Any action taken for others in any matter connected with the law.HISTORY: Ga. L. 1931, p. 191, § 2; Code 1933, § 9-401; Ga. L. 1937, p. 753, § 1; Ga. L. 1976, p. 1511, § 1.


TITLE 15. COURTS CHAPTER 19. ATTORNEYS ARTICLE 3. REGULATION OF PRACTICE OF LAW

O.C.G.A. § 15-19-51

§ 15-19-51. Unauthorized practice of law forbidden

(a) It shall be unlawful for any person other than a duly licensed attorney at law:

(1) To practice or appear as an attorney at law for any person other than himself in any court of this state or before any judicial body;

(2) To make it a business to practice as an attorney at law for any person other than himself in any of such courts;

(3) To hold himself out to the public or otherwise to any person as being entitled to practice law;

(4) To render or furnish legal services or advice;

(5) To furnish attorneys or counsel;

(6) To render legal services of any kind in actions or proceedings of any nature;

(7) To assume or use or advertise the title of "lawyer," "attorney," "attorney at law," or equivalent terms in any language in such manner as to convey the impression that he is entitled to practice law or is entitled to furnish legal advice, services, or counsel; or

(8) To advertise that either alone or together with, by, or through any person, whether a duly and regularly admitted attorney at law or not, he has, owns, conducts, or maintains an office for the practice of law or for furnishing legal advice, services, or counsel.

(b) Unless otherwise provided by law or by rules promulgated by the Supreme Court, it shall be unlawful for any corporation, voluntary association, or company to do or perform any of the acts recited in subsection (a) of this Code section.HISTORY: Ga. L. 1931, p. 191, § 1; Code 1933, §§ 9-402, 9-403.

Wednesday, March 14, 2007

Don't Waste The Day!

Don't Waste The Day

"On this day:

Mend a quarrel~

Search out a forgotten friend~

Dismiss a suspicion and replace it with trust~

Encourage someone who has lost faith~

Keep a promise~

Examine your demands on others and reduce them~

Fight for a principle~

Express your gratitude~

Overcome an old fear~

Take two minutes to appreciate nature~

Tell someone you love them~

Tell them again~

And again~

And again~"

Author Unknown.

Life is short, and we should make the most of every day.

Burton Fletcher
Desk1@GeorgiaSigningAgents.com

Positive Thoughts For The Day!

If you judge people, you have no time to love them.~ Mother Theresa

Please share your positive thoughts. Desk1@GeorgiaSigningAgents.com.

Burton Fletcher

Tuesday, March 13, 2007

What magazines do folks in the lending industry read?

What magazines do folks in the lending industry read?

Please email your comments to Desk1@GeorgiaSigningAgents.com.

Lending Industry Woes! Heads Up!

"The Next Skeleton To Fall Out Of The Closet"

from The Housing Bubble Blog on 03.Mar.07 at 08:20AM

A report from the New York Times. "Federal prosecutors and securities regulators are investigating stock sales and accounting errors at the New Century Financial Corporation, the biggest mortgage company that specializes in lending to people with weak, or subprime, credit, the company disclosed in a corporate filing yesterday."

"The company also warned that a delay in filing its financials may put vital financing into jeopardy. New Century wrote $33.9 billion in mortgages last year. New Century now appears to be facing a credit crunch similar to the one it encountered in the late 1990s."

From MarketWatch. "New Century Financial Corp. said late Friday that it's facing a federal criminal probe and will likely breach a major lending covenant with its financial backers, bringing into question the survival of the second-largest U.S. subprime-mortgage lender."
"The mortgage lender said it expects that it won't report at least $1 of net income for the two quarters ended Dec. 31, as stipulated in covenants with its lenders."

"'Subprime lenders without deposits depend on their warehouse lines," said analyst Zack Gast. 'If New Century's lenders do not grant the requested waivers, the company is likely to be forced to sell or shut down.'"

"Indeed, New Century warned that if it can't get waivers or covenant amendments from enough of its financial backers, the company's auditor, KPMG, will conclude 'that substantial doubt exists as to the company's ability to continue as a going concern.'"

The LA Times. "Federal regulators have leveled civil accusations against the No. 2 independent sub-prime lender, Fremont General Corp. of Santa Monica. Fremont disclosed Friday in an SEC filing that the Federal Deposit Insurance Corp. would sanction its bank subsidiary, Brea-based Fremont Investment & Loan, for failing to control the risks inherent in sub-prime lending and in its second major business, commercial real estate construction loans."

"The company said it had decided to quit sub-prime lending entirely."

"The FDIC said Fremont failed to make proper allowances for its 'large volume of poor quality loans' and operated with inadequate capital. The regulator said Fremont had increased defaults by selling loans with low 'teaser' rates without verifying whether borrowers could afford the eventual full payments."

"Fremont said it expected to agree to a cease-and-desist order from the FDIC that would severely restrict its control over the sub-prime business. It said it would report a loss because of increased provisions for bad loans, but hadn't yet determined the size of the deficit."

From Bloomberg. "Fremont plans to report a net loss from continuing operations in the fourth quarter after setting aside more money to buy back loans that defaulted, the company said in a regulatory filing."

"'It just shows there was a lack of principles and standards,' said analyst David Hendler. 'There was no real major guardian of conservative standards anymore, and that's a danger to the safety of the market.'"

"Two other California lenders, Impac Mortgage Holdings Inc. and Accredited Home Lenders Holding Co., said today they won't be able to file their financial reports on time. Shares of both tumbled."

"Impac found a 'material weakness' in its cash-flow reporting, the Irvine, California-based company said today in documents filed with the SEC. Accredited Home, based in San Diego, delayed its report until March 16 because of 'sizable demands upon the company's management and staff,' including a recent merger that may cause a writedown."

From Reuters. "U.S. homeowners who bought using 100 percent financing, and those who took out 'home equity' loans against the value of their properties, even though they have good credit ratings, could be the next to cause problems in the U.S. housing market."

"Many recent home buyers bought through 100 percent financing programs known as 'piggyback' loans, which relied on one mortgage for 80 percent of purchase price and other financing for the remaining 20 percent."

"'Piggyback loans could be the next skeleton to fall out of the mortgage industry closet,' said Howard Glaser, an independent mortgage analyst. 'These 80-20 loans give the borrower the illusion of being able to afford more house than they really have the funds for."

"From mid-2005 to mid-2006, 29 percent of new mortgages involved no deposit by the purchaser to create some equity in the property, according to the National Association of Realtors. 'When we went out to visit our clients on the West Coast, this was a prime area of concern,' said Frederick Cannon, a mortgage industry analyst."

"Another type of financing which could cause problems in the housing sector is the 'home equity' loan, taken out by a homeowner against the net value of the property to finance home improvements or other consumer spending. Home equity lines of credit, or HELOCs, grew from $151 billion to $559 billion from 2000 to 2005, according to the FDIC."

"In a regulatory filing Thursday, Countrywide said 2.9 percent of its prime home-equity loans were at least 30 days late at the end of 2006, up from 1.6 percent a year earlier and 0.8 percent at the end of 2004."

"'Second lien holders and second lien HELOC lenders to prime borrowers are in as much of an 'at risk' position as subprime mortgage lenders,' said said Josh Rosner, a housing analyst. 'The recognition of their problems is just ahead of us as they will default more slowly.'"

"Lenders must disclose more information about products such as adjustable-rate mortgages to people with poor credit histories and make sure borrowers are able to repay the loans, according to guidelines issued in Washington today by the Fed, the Federal Deposit Insurance Corp., and other U.S. regulators."

"The intention is 'to limit risks to both the borrower and the lending institution,' Federal Reserve Governor Randall Kroszner said in a statement. Borrowers need 'clear and balanced information on the risks associated with these loans.'"

"Banking regulators expressed concern that lenders are approving adjustable-rate loans without 'appropriate documentation' of the borrower's income, according to today's guidelines."
"The Mortgage Bankers Association, a Washington-based trade group, said the recommendations go too far and lender closings show the market is fixing itself."

"'A number of firms, which made weaker loans, have been forced out of business simply because the loans didn't perform as they proposed,' Doug Duncan, the group's chief economist, said in an interview. 'The guidance has the potential of overreaching and constraining credit availability to people who need it.'"

The Boston Globe. "Recently, CEO Michael Geoghegan explained that massive losses in HSBC's home mortgage lending business were caused by the mistake of 'going for volume.' Investors forget that for every 'bad' loan in their portfolio, there is a family facing foreclosure on the other end. Indeed, last month Massachusetts broke an all-time record with lenders notifying 2,207 families of impending foreclosure, nearly double this time last year."

"No doubt much of the bout of pain in mortgage lending is due to the slowdown in real estate sales. But it is not like the slowdown in the real estate market should have surprised anyone, especially mortgage lenders."

"It is time to re think national credit policies. Leaders should learn at least three lessons from the latest shakeout in the mortgage lending business. First, consumer protection laws not only protect borrowers, but also the economy. Second, it is time to hold middlemen responsible for transferring ill-advised loans from unsuspecting borrowers to unsuspecting investors."
"Third, waiting will not make this problem go away."

"The Federal Reserve's monetary-policy playbook hasn't become obsolete because of the growing global nature of the U.S. economy, Ben Bernanke said in an address on Friday night."
"The Fed chairman didn't address this week's market turmoil but he did comment on the concerns about the quality of debt in the subprime-lending market, saying the Fed is 'obviously going to watch it very closely.'"

"'Globalization has not materially affected the ability of the Federal Reserve to influence financial conditions in the United States nor has it led to significant changes in the process which determines the U.S. inflation rate,' the central bank chief said."

"But globalization has made it more difficult to assess domestic economic conditions, Bernanke said. 'Effective monetary policy making now requires taking into account a diverse set of global influences, many of which are not fully understood,' Bernanke said. 'A clear resolution of the question of how global economic conditions affect domestic inflation may continue to elude us,' he said."

Thursday, March 1, 2007

How To Be Successful! My View From The Throne!





Everyday, as I sit on my throne, thinking of world events, I look at the attached poster to help me keep my focus. I hope these thoughts will help you to be successful too.

How To Be A Success

Resolve to achieve your goals: Make the sacrifices needed to obtain what you have set out to accomplish.

Organize a plan: Nothing great is accomplished without forethought.

Think what I must do to reach my goals: 1)Change Attitude; 2) Learn all I can; 3) Discipline away my bad habits; 4) Be more positive; 5) Become assertive; 6) Work more; 7) Think creatively; 8) Be at level 'X' in 'X' number of years

Acquire and maintain a positive attitude: 1) Another miracle; 2) I think I can; 3) I Love everyone; 4) God smiles on me; 5) Life is wonderful; 6) I can do it; 7) What a day; 8) I'll try my best; 9) I love my work

Think creatively: To waste time is to waste your life. Use your leisure time and spare time in creative thought.

Seek knowledge from wise teachers: Recognize, relate, assimilate and apply what you've learned. If you think education is expensive, take a drive through the sleazy part of town and see how expensive ignorance is!

Work smart then work hard, and build a solid future: A laborer and a president work hard, which one works smart?

Take calculated risks: And keep in mind any failure is a success if you learned from it and stride on it.

Make decisions: Nothing gets done by not doing it, once you decide act immediately.

Persist: Never, never, ever give up.

Keep good company: Associate only with those who are upbeat and success oriented like you.

Be enthusiastic: Start each day expecting something good to happen to you. (I feel happy, healthy, terrific).

Don't trust luck (trust facts): The stakes are high. Hedge your bets with knowledge. Good luck is preparation met with opportunity.

Maintain high morals: Don't do anything you'll be ashamed of later.

Ignore uniformed opinions: Negative opinions are cheap to give and do costly harm if heeded.

Celebrate small wins: Reward yourself, even if modestly, fro job well done and a goal reached.

Burton Fletcher, J.D., MBA
Owner, Georgia Signing Agents.com, LLC
Member, State Bar of Georgia, State Bar of California
NNA Certified Notary Signing Agent
Commissioned Notary, State of Georgia (Lowndes)
Professor, Business Administration (Ret.)
Tel: 229.245.8858
Fax: 310.868.2500
Email: Desk1@GeorgiaSigningAgents.com

Copyright 2007. All Rights Reserved.