April Charney
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April Charney
April Charney is an American consumer advocate and consumer attorney who is best known for her service to the Jacksonville Area Legal Aid from 2004 until early 2012. Charney has been at the forefront of the legal fight against illegal home foreclosures in America that use fraudulent practices Lyons, Tom, ''Mess far from over, one expert believes'', Sarasota Herald-Tribune, June 19, 2012, page BNV/ref> and has successfully argued a number of foreclosure defense legal strategies including produce the note and real party in interest arguments. Charney was the legal aid attorney who brought national attention to illegal and fraudulent actions by banks in the foreclosure courts of Jacksonville by being accompanied by a reporter at one of the hearings, who saw, firsthand, what was occurring. Published by Rolling Stone during November 2010, the ''Invasion of the Home Snatchers'' documented the practices used in the public court hearing. The reporter also stated in his article that the ...
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Consumer Advocate
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices in order to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product (or its production) even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles. Consumer protection is linked to the idea of consumer rights and to the formation of consumer organizations, which help consumers make better choices in the marketplace and pursue complaints against businesses. ...
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Jacksonville Area Legal Aid
The Jacksonville Area Legal Aid, JALA, developed during the Great Depression in the United States, Great Depression and the recession of 1937 out of a group of attorneys who organized to provide pro bono legal services to those who could not afford the services. The Jacksonville Area Legal Aid was officially named in 1973, and received 501(c), 501(c)(3) tax status in 1976. JALA is a mid-size law firm with over 50 lawyers and support staff who offer free legal services to low income clients in Civil law (area), civil legal matters which include public benefits, employment/unemployment law, family law, landlord-tenant disputes, fair housing, guardianship, refugee and asylee immigration, foreclosure defense, and consumer law. JALA works with Florida Coastal School of Law and has supported accredited externships with the Florida State University. Funding and budget JALA receives funding from the Florida Bar Foundation, which collects Interest on Lawyer Trust Accounts, interest on la ...
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Foreclosures
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan. Formally, a mortgage lender (mortgagee), or other lienholder, obtains a termination of a mortgage borrower (mortgagor)'s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure). Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately ...
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Produce The Note
In the United States, a mortgage note (also known as a ''real estate lien note'', ''borrower's note'') is a promissory note secured by a specified mortgage loan. Mortgage notes are a written promise to repay a specified sum of money plus interest at a specified rate and length of time to fulfill the promise. While the mortgage deed or contract itself hypothecates or imposes a lien on the title to real property as security for a loan, the mortgage note states the amount of debt and the rate of interest, and obligates the borrower, who signs the note, personally for repayment. In foreclosure proceedings in certain jurisdictions, borrowers may require the foreclosing party to produce the note as evidence that they are the true owners of the debt. In Australia Technical product definitions can vary between countries. In Australia, as example, a mortgage note is a secured (senior debt) debt security (also known as secured credit bond) which can be issued in relation to an en ...
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