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Another Vehicle Recall: How to Protect Yourself
The Associated Press and Fox News reported that the automobile manufacturer Mercedes-Benz has announced to federal regulators that it will be recalling about 85,000 of its model year 2010 and 2011 cars due to potential steering problems. Owners are being directed to return the cars to dealers for a free check of the power steering system. Apparently, defects in the power steering system can lead to a loss of power steering fluid, and ultimately, steering control. This recall brings to mind the recent recall involving problems with sudden, uncontrolled acceleration. Here is what you should do if you suspect your vehicle is the subject of a recall: 1.Know the Facts Before rushing to the dealership or panicking about how you are going to pick up junior from soccer practice, know the facts. Although factory recalls oftentimes are announced in general terms such as model year and model type, in reality, most recalls involve very specific models produced using specific parts or at specific locations. Due to the sophisticated nature of the production process, manufacturers generally know precisely what vehicles are subject to the recall based upon the unique vehicle identification number (VIN number) usually located on the driver's side dashboard and visible through the windshield. Calling your local dealership with that VIN number handy is the first step to determining whether your vehicle is subject to a recall. 2.Determine Whether the Recall Involves a Critical Safety Component If your vehicle is subject to a recall, the next thing you must do is to determine whether the recall involves a critical safety component such as steering, braking, acceleration, or passenger restraint. I oftentimes marvel at vehicle recall advisories stating that drivers may lose control while driving and then advising them todrivethe vehicle to the dealership to have it inspected and/or fixed. That is asinine advice. If a vehicle's critical safety component is subject to failure, DO NOT risk driving the vehicle. Even if you find yourself in the Burger King drive-thru when you receive the confirmation that your vehicle is part of the critical safety component recall, you should park the vehicle in a safe location as quickly and safely as possible. Then call the vehicle dealership and have them tow the vehicle to the service location for repair. If they balk at the towing charges, pay for it yourself and then call your lawyer. I guarantee that a $100 towing charge will be cheaper than getting into an accident, and in most instances, the dealership will pay the charge with some pressure. 3.Speak to a Lawyer if You Have Been Injured or Have Incurred Any Costs It is a general principle of law that you are entitled to any damages or costs that have directly and foreseeably resulted from a manufacturing defect. However, there are limitations and each case is unique. If you have been injured as a result of a manufacturing defect, or if you have incurred any out-of-pocket costs as a result of the recall, contact an experienced trial attorney to discuss your rights. This article has been written by attorney Christopher J. Cadem, an attorney at Cadem Law Group, PLLC. Mr. Cadem's practice focuses on litigation matters in all state and federal courts. He can be contacted at 218-739-HELP (4357) or online at www.CademLaw.com. Sources: http://www.foxnews.com/leisure/2010/10/09/mercedes-recalling-cars-potential-steering-problems/
Three Major Banks Halt Foreclosures in 23 States
The foreclosure of your home is one of the most devastating things you can face. Many people finding themselves faced with foreclosure blame themselves because the foreclosure is often the result of missed payments. Such a circumstance is frequently met with feelings of guilt and embarrassment. However, anyone can find themselves faced with foreclosure. Most Americans live paycheck to paycheck. That means that if someone loses a job or becomes seriously ill, foreclosure proceedings can be just months away. Still, missing payments does not give a bank the right to foreclose on your home if they do not follow the law. The same laws that give a bank the right to forecloserequireit to follow certain procedures. Failure to do so can mean they lack the right to foreclose, or that the foreclosure can be judicial reversed. The Associated Press reported that JPMorgan Chase, Bank of America, and Ally Financial (formerly GMAC) have halted thousands of foreclosures, and many other banks may be forced to do the same. Democratic lawmakers led by Speaker of the House Nancy Pelosi are urging bank regulators and the Justice Department to investigate mortgage companies suspected of violating laws during foreclosure proceedings. Three banks have halted foreclosures in 23 states because there is mounting evidence that lawyers and employees filed inaccurate paperwork and signed foreclosure documents without first reading them. In addition to those three, the Massachusetts Attorney General has also requested that Wells&halt; foreclosures. There is evidence that loan servicers used "false affidavits to prove they have the right to foreclose" reported The Huffington Post. A number of lenders have "acknowledged problems with foreclosure filings, including potentially forged documents and the practice of employing ‘robo-signers' who signed off on thousands of evictions every month without verifying their accuracy," according to The Washington Post. If you find yourself faced with foreclosure, you may have defenses. Do not trust your future and your foreclosure to a lawyer who is only interested in holding your hand as a bank strips away your biggest and most valuable asset. Hire an attorney like Christopher Cadem who is dedicated to leaving no stone left unturned in your defense. If your attorney is not, at a minimum, obtaining copies of original promissory notes and verifying the legitimacy of affidavits, your rights are not being properly protected. If you are faced with foreclosure, or recently lost your house to foreclosure, call Cadem Law Group, PLLC, today for a free and confidential consultation. (218) 739-HELP. Sources: The Associated Press,Lawmakers want foreclosure investigation, at http://www.google.com/hostednews/ap/article/ALeqM5g6vf2dm8OLL3Dz-mB3cw_eiSRFGwD9ILSED80?docId=D9ILSED80. The Huffington Post,Pelosi Calls for Invest. of Foreclosure Fraud, at http://www.huffingtonpost.com/2010/10/05/democrats-call-for-invest_n_751373.htmlat The Washington Post,Pelosi, Lawmakers Call for Federal Probe on Mortgage Lenders, at http://www.washingtonpost.com/wp-dyn/content/article/2010/10/05/AR2010100503969_2.html?hpid=topnews&sid=ST2010100503988