first_imgThe long-term water supply projects in Rajasthan will be completed on time to ensure the availability of water in the geographically difficult areas. Chief Minister Ashok Gehlot has given instructions for speeding up implementation of water supply schemes for both drinking and irrigation.Mr. Gehlot said at a review meeting here after the appointment of committees for the Rajiv Gandhi Jal Sanchay Yojana that the long-term projects would permanently resolve the issue of paucity of water caused by scanty and erratic rainfall in the State. “The projects should be formulated to meet the local needs and regularly monitored,” he said.The progress of projects financed by institutions such as the National Bank for Agriculture and Rural Development, Japan International Cooperation Agency and New Development Bank as well as the dam, canal and small irrigation projects was reviewed on the occasion.The committees appointed at the district, block and village panchayat levels for the Yojana will coordinate the activities of various departments and monitor the progress of work for water conservation.last_img read more

first_imgBrazil’s Neymar with teammate Dani Alves at a training session at the Arena Castelao in Fortaleza, Brazil, on June 16. (AP PhotoNeymar and his Brazilian teammates will be back in action for their second match at the World Cup, before Russia and South Korea have even kicked off their campaigns.Brazil won the tournament’s opening game last week against Croatia and on Tuesday will meet Mexico, which beat Cameroon 1-0 in its first Group A game. A win for either team would go a long way toward securing a spot in the next stage.Russia against South Korea is the second of two Group H matches on day six, which gets underway with Belgium against Algeria.High StakesBrazil striker Hulk is a doubtful starter after missing training for two days due to a left leg injury, meaning coach Luiz Felipe Scolari may have to change a winning formula.Scolari planned to leave the decision until game day, saying, “If he can’t play we lose something because this team has been playing together for a long time with this same system.”Five-time World Cup champion Brazil has won 16 of its last 17 matches, including the Confederations Cup on home soil last year, and Scolari attributes that to sticking with a formula.If Hulk is ruled out, Chelsea midfielder Ramires and 21-year-old Bernard could come into contention for a starting spot.The Brazilians got the benefit of a questionable penalty call in their 3-1 comeback win over Croatia, while Mexico had two contentious decisions go against them before Giovani Dos Santos found the back of the net against Cameroon.advertisementCoincidentally, Brazil and Mexico met at Fortaleza in the Confederations Cup last year, with Neymar scoring to help the home team to a 2-0 win. Neymar, who lived up to expectations last week with two goals in the win over Croatia, has had a change of hairstyles in between.The Mexicans have won seven of the last 15 matches against Brazil. And Mexico won the 2012 Olympic gold medal, beating Brazil in the final.Mexico “has always created difficulties for Brazil and I’m sure it won’t be any different this time,” said Oscar, who was on the Brazil team that lost the Olympic final.The winner of Tuesday’s match would be guaranteed a spot in the next round if Cameroon and Croatia draw their match on Wednesday in Manaus.last_img read more

first_imgAbout the authorPaul VegasShare the loveHave your say Arsenal boss Emery: Very young Guendouzi offers many thingsby Paul Vegas10 months agoSend to a friendShare the loveArsenal boss Unai Emery is delighted with the impact of Matteo Guendouzi.Guendouzi was booked for the fourth time this season in the feisty 3-1 win over Burnley.That was the 19-year-old’s 15th Premier League appearance of a season which began with him excelling even in defeat to Manchester City and has seen him establish himself as the latest youngster to take Arsenal by storm.“I am very happy with Matteo, he’s improving a lot and helping us,” said Emery. “He gives us a lot of moments in the team with combination and quality, with the possibility to play with our style.“He needs to improve more, to continue his progress with us. He’s very young.” last_img read more

first_imgTagsTransfersAbout the authorAnsser SadiqShare the loveHave your say Valencia, Atletico Madrid battle for Man Utd striker Alexisby Ansser Sadiq10 months agoSend to a friendShare the loveAlexis Sanchez is wanted in Spain.The Chilean winger, who has struggled to make any impact at Manchester United, could have a route out of the club.Sanchez is wanted by Valencia and Atletico Madrid.And Spanish publication El Gol Digital suggests he is determined to leave United on a permanent deal.One stumbling block would be the player’s wages, which are reportedly £350,000-per-week before bonuses.Sanchez may also want to prove himself under interim boss Ole Gunnar Solskjaer before deciding on his future in the summer. last_img read more

first_imgSmall Steps Project is honoured to name The Following actor James Purefoy as their celebrity Ambassador.Over the years James has been a massive support to the charity, he has been to their events, featured in their documentary and inspired many of his celebrity friends to take small steps and donate their shoes. Thanks to James, famed for his role as Mark Anthony in Rome, Small Steps Project have had shoe donations from Sienna Miller, Rachel Weisz, Eva Green, Sharleen Spiteri, Kevin Bacon and Kyra Sedgwick.This year he has asked many of his co-stars from ‘The Following’ to take part in the annual Celebrity Shoe Auction including Shawn Ashmore from X-men, Valorie Curry from Twilight and of course Kevin Bacon from pretty much everything.James explains what made him become our celebrity ambassador, “What Small Steps have achieved in their relatively brief existence is akin to a minor, but very beautiful, miracle. They have turned lives around. They are the embodiment of that lovely phrase ‘Be the change you want to see in the world’. I am proud and humbled to be associated with them.”Small Steps Project’s mission is to support children around the world who live on rubbish dumps and survive from scavenging.last_img read more

first_img An opportunity to meet Leonardo DiCaprio at his Foundation’s St. Tropez Gala. Andy Modeling in Vest, a 1983 Christopher Makos photograph of his friend and frequent portrait subject, Andy Warhol. A Gilles Bensimon photograph of Audrey Hepburn, shot for French Elle in 1988, from the last fashion shoot of her lifetime, which celebrated the legendary partnership between two icons: Audrey Hepburn and Hubert de Givenchy. An opportunity to attend the Prince Albert II of Monaco Foundation’s first major fundraising gala in the heart of Monte Carlo, including a meet and greet with His Serene Highness, to benefit its initiatives to support sustainable oceans worldwide.The evening also marked the Paris launch of amfAR’s new fragrance, Gala by amfAR. Available as both a women’s perfume and a men’s cologne, Gala by amfAR was conceived as a tribute to the Foundation’s Founding International Chairman, Dame Elizabeth Taylor, the first celebrity to have her own line of fragrances. The Paris debut of Gala by amfAR coincides with the 30th anniversary of the launch of Dame Elizabeth’s first perfume, Passion. Proceeds from the sale of Gala by amfAR will support amfAR’s efforts to achieve one of the greatest scientific and humanitarian goals of our time – a cure for HIV.Harry Winston was the event’s Presenting Sponsor. Moët Hennessy and Renault were the event’s Signature Sponsors. Delta Air Lines is the Official Airline of amfAR. A photograph of David Bowie, taken in 1974 as a publicity shot for the LP Diamond Dogs, by one of the world’s most accomplished and collected photographers Terry O’Neill. The exclusive Moët & Chandon MCIII Wine Cellar, the only one of its kind in the world, featuring 23 magnum bottles of MCIII wine housed in a specially handcrafted cellar.center_img A luxurious vacation at the legendary Maldives resort of Huvafen Fushi. Supporters gathered for a dinner and auction at the Petit Palais in Paris over the weekend in support of amfAR, The Foundation for AIDS Research.Carla Bruni Parforms at amfAR EventCredit/Copyright: Kevin Tachman/amfARamfAR CEO Kevin Robert Frost opened the evening by welcoming guests and thanking event sponsors Harry Winston, Moët Hennessy, and Renault for making the night possible, and also gave a special thanks to amfAR Global Fundraising Chairman Milutin Gatsby and Carine Roitfeld for their continued support of amfAR. Frost then introduced the evening’s performer, world-renowned singer-songwriter and former First Lady of France, Carla Bruni.Carla Bruni gave a special performance for the exclusive guest list. The chanteuse sang Enjoy the Silence, a new song from her upcoming album French Touch, and a soulful rendition of The Rolling Stones’ Miss You.Exclusive items featured in the live auction, conducted by event producer Andy Boose, included: A Jean Pigozzi photograph of Mick Jagger and Arnold Schwarzenegger taken in 1990 at the legendary Hôtel du Cap in Antibes. A one-week trip aboard the magnificent yacht Bliss. A Paris Haute Couture Week package, including tickets to the Dior, Jean Paul Gaultier, Ulyana Sergeenko, Valentino and Chanel shows, as well as a Jean Paul Gaultier-designed “Moulin Rouge” haute couture dress and a four-night stay in a suite at Le Bristol Hotel.last_img read more

first_imgNew Delhi: The Supreme Court Wednesday said it will go to the root of the alleged conspiracy and sensational claims made by a lawyer that there was a larger conspiracy to frame Chief Justice of India Ranjan Gogoi in the sexual harassment allegations against him. A three-judge special bench headed by Justice Arun Mishra said if fixers continue to work and manipulate the judiciary as claimed, neither this institution nor any of “us” will not survive. Also Read – India gets first tranche of Swiss bank a/c details The bench, also comprising justices R F Nariman and Deepak Gupta, asked lawyer Utsav Singh Bains, who has made claims of a larger conspiracy, to file another affidavit by Thursday morning after he claimed that he has some more “incriminating evidence”. The bench said it will take up the matter for hearing on Thursday. “We will inquire and go to the root of alleged claims of fixers at work and manipulating the judiciary. If they continue to work then none of us will survive… Fixing has no role to play in the system. We will inquire and take it to the logical end” it said. The bench also clarified that there is no connection in the hearing of Bains’ claims of larger conspiracy and the in-house inquiry ordered into the sexual harassment allegations against CJI. Earlier in the day, the apex court directed chiefs of the CBI, IB and Delhi Police to appear and meet in chambers the three judges who are hearing his claim that there was a larger conspiracy to frame CJI.last_img read more

first_imgMortgage Loan Defaults: A Lesson Learned for Servicers in Commentary, Daily Dose, Featured, News, Servicing Share In April 2019, the United States Court of Appeals for the Eleventh Circuit issued a 60-page opinion which addressed claims brought by borrowers Johnnie and Adrian Marchisio against servicer Mortgage Services, LLC, for various statutory and contractual violations committed by the servicer while servicing the Marchisios’ first and second mortgages. (Marchisio v. Servicer Mortgage Services, LLC.)The borrowers took out two mortgage loans to purchase property and defaulted on both loans in 2008. The servicer filed an action seeking to foreclose both mortgages, and the lawsuit was later resolved through a deed-in-lieu of foreclosure entered in December 2009.Pursuant to the parties’ agreement, the borrowers surrendered the property and the servicer “agreed to report to the credit reporting agencies … that the mortgage was discharged with a zero balance owed.” However, more than two years later, the bank still had not reported the discharge. Instead, it “resumed its debt collections efforts” reporting the borrowers’ debt as delinquent. As a result, in July 2012, the Marchisios filed a federal action (first action) alleging Mortgage Services’ failure to timely report the pertinent settlement terms violated the Fair Credit Reporting Act (FCRA) and the Florida Collections Act (FCA).The filing of the first action prompted the servicer to partially correct its misreporting. The lender sent an automated universal dataform (AUD) to the reporting agencies requesting they “update the first loan to reflect that it had a zero balance.” However, the servicer continued to misreport a delinquent balance due on the second mortgage.Ultimately, in January 2013, the parties reached a settlement agreement with regard to the second mortgage wherein the servicer paid the borrowers $125,000 and agreed to “report the second loan as having a zero balance as of December 9, 2009 … as soon as reasonably possible, but in any case within 90 days.” In exchange, the borrowers dismissed the first action. The settlement noted that time was of the essence, which has the legal effect of a hard default on the 91st day.Despite the parties’ settlement agreement and the borrowers’ dismissal of the first action, the servicer continued to send inaccurate reports to credit agencies in February, March, and April 2013. The reports reflected the borrowers’ second mortgage was not paid off and had a past due balance exceeding 120 days. Only after the borrowers complained to the servicer about these inaccurate reports did the company submit an AUD to the credit agencies requesting “they update the second loan to show a zero balance.” Notably, the servicer did not send this AUD until April 25, 2013—two days after the deadline for doing so under the settlement agreement. Additionally, according to the borrowers, the servicer continued to make collection calls wherein they threatened to foreclose due to an allegedly unpaid “balloon balance” on the second mortgage.In August 2013, the borrowers moved to enforce the settlement agreement which resulted from the first action, but the district court declined to exercise jurisdiction. In November 2013, they disputed the servicer debt with the credit agencies. In their written dispute they described the litigation history between them and the servicer, the resulting settlement, and the final agreement, which indicated the borrowers owed nothing on the first or second mortgages.Pursuant to the requirements of the FCRA (codified at 15 U.S.C. § 1681i(a)(1) and (2)), the credit agency notified the servicer about the dispute and the servicer conducted an investigation. As part of its investigation, an employee of the servicer consulted the “Fiserv database” which was supposed to house all relevant information regarding the loans serviced by the company. Notwithstanding, the Fiserv database did not have any information regarding the 2013 settlement agreement. The servicer’s representative reported back to the credit agencies that its prior reports were accurate and confirmed the borrowers owed a balloon payment on the second loan.To further complicate matters, near the end of 2013, the servicer’s insurance vendor (Southwest) sent the borrowers letters on the servicer’s letterhead informing them that force-placed fire insurance would be placed on their property if they did not obtain their own insurance. When the borrowers failed to purchase fire insurance for a property they no longer owned, Southwest purchased it for them, billed them, and then tried to collect payment by sending notices on the servicer’s letterhead.Ostensibly left with no other options for resolving the dispute, the borrowers filed a second federal action (second action) against the servicer in January 2014, “alleging breach of the settlement agreement entered in the first action and violations of the FCRA and the Florida Collections Act.” Regarding the FCRA claim, the borrowers alleged that the servicer violated the act by failing to conduct a reasonable investigation upon learning that the borrowers disputed the credit reports, which included the balloon balance on the second mortgage. As to the FCRA claim, the borrowers argued the collection calls and notices regarding force-placed insurance constituted violations of the FCRA because the servicer attempted to enforce a debt that they knew did not exist.The second action finally prompted the servicer to issue an AUD to the credit agencies requesting they “delete from [the borrowers’] credit reports any reference to a balloon-payment obligation.” The servicer also canceled the force-placed fire insurance. Despite this corrective action, litigation ensued and both parties moved for summary judgment. The district court entered summary judgment in the borrowers’ favor on their FCRA claim finding the servicer “failed to conduct a reasonable investigation” of the dispute filed with the credit agency and that such failure was willful. The court awarded statutory damages of $3,000 but “ruled that Plaintiffs were not entitled to any damages for emotional distress or as punitive damages” as a matter of law. As to both the FCA claim and the breach of contract claim the district court entered summary judgment in the servicer’s favor. The district court awarded $94,000 in attorneys’ fees to the borrowers. Both parties appealed to the Eleventh Circuit.On appeal, the Eleventh Circuit made the following rulings:Firstly, it affirmed “the district court’s finding of a willful FCRA violation,” surmising it was “obvious that [Servicer] failed to conduct a reasonable investigation of [the Borrowers’] report.” The court disagreed with the servicer’s argument that the “erroneous verification” that a balloon payment was owed on the second loan “constituted a mere isolated human error that was promptly corrected.” The court clarified it was not the employee that made the mistake because he “accurately reported what he found in the databases.” The court explained it was the servicer which “failed to create a reliable system for inputting information regarding the settlement of litigation that might impact the data found on the relevant databases.”The Circuit Court concluded the servicer’s system was “unreliable” and that “it was incumbent” on the servicer “to take steps to ensure that news of the terms of the settlement agreement be communicated to those who generate reports to reporting agencies.”  The court surmised “there was a large ‘disconnect’ between [servicer’s] system for debt verification and its ad hoc handling of settlement-related changes to debt obligations” rendering the servicer’s investigation unreasonable for purposes of the FCRA. The court also concluded the servicer’s conduct was willful because even if unintentional, the servicer “acted in reckless disregard” of its obligations under the FCRA, given its failure to take corrective action despite “the number of times that [Servicer] was put on notice of the false information being reported.” It concluded the servicer’s FCRA violations could support an award for emotional distress and punitive damages and reversed the district court’s grant of summary judgment on those issues “to allow factual development” of those issues at trial.Secondly, the Circuit Court reversed the summary judgment for the servicer on the FCA claim finding there to be genuine issues of material fact as to whether the servicer made the debt collection calls and whether the servicer could prove its “bona fide error defense.” The court concluded the borrowers’ testimony regarding the collection calls, viewed in a light most favorable to the non-movants, was sufficient to withstand summary judgment. The court also found that the question of whether Servicer “maintained procedures reasonably adapted” to avoid violations of the FCRA was a question for the jury and not properly disposed of on summary judgment.Thirdly, the Circuit Court reversed the grant of summary judgment for the servicer on the breach of contract claim. Although the Circuit Court agreed with the district court that “emotional distress damages [were] not cognizable as to the breach of contract claim,” the court explained the servicer’s failure to timely correct the misreporting on the second mortgage could have resulted in other damages such as “adverse financing terms” in connection with the borrowers’ purchase of two automobiles prior to the servicer correcting its misreporting. The court surmised the merit of the borrowers’ breach of contract claim and whether the borrowers could establish damages from that breach was to be determined by the jury and not properly disposed of on summary judgment.Lastly, the Circuit Court vacated “the award of attorney’s fees to [the borrowers] so that the district court [could] recalculate those fees at the conclusion of the litigation.” The court remanded the matter for trial and set the floor for a fee award at $94,000 reasoning that the district court had calculated that number, “in part, on the fact the borrowers’ prevailed on only one claim” but they may prevail on additional claims at trial thereby entitling them to additional fees.This detailed holding provides helpful insights into best practices for servicing a loan in default where the default is resolved through settlement. While this article is not intended to be giving legal advise, below is a list of suggested practices extrapolated from the Circuit Court’s holding:SETTLEMENT AGREEMENTS: Ensure those responsible for complying with a settlement agreement understand the terms of the agreement and know what is required for full compliance. Where possible, incorporate clear requirements into an agreement and avoid terms such as “as soon as reasonably possible.” Phrases such as these are subject to interpretation and create confusion and/or conflicting expectations of the various parties. Where deadlines are clearly articulated in an agreement, do not delay in complying and understand that courts will consider “the spirit of the agreement” when evaluating whether a party complied with a particular provision.SYSTEM ENTRIES: When settlement is reached, make redundant entries into multiple systems clearly indicating the parties reached a settlement. Create and implement a procedure that details the various steps required when settlement is reached and make the procedure known and understood to the appropriate staff. Include the primary aspects of the settlement agreement in system entries and reference where additional information about the settlement can be obtained. Provide information about the department involved in the settlement negotiations, and the name of at least one point of contact. Have a policy in place to ensure this information is updated in the event of staffing changes. If the specifics of the settlement are to remain confidential, note “CONFIDENTIAL SETTLEMENT REACHED” in all systems. Again, reference a point of contact and where additional information can be obtained.CREDIT DISPUTES: Upon receiving notice of a credit reporting dispute, conduct a thorough investigation. This should include the review of system notes and documents, but also a thorough review of the information submitted by the borrower. If there is a discrepancy between the system notes and information from the borrower, especially significant facts that were omitted such as a reference to a lawsuit or settlement, investigate further. Seek assistance from or refer the matter to a litigation specialist within your company. Importantly, you should not reach out to the borrower for clarification until there is confirmation he or she is not represented by counsel.center_img borrower court Default Foreclosure Lender loan property Servicer Settlement 2019-05-15 Radhika Ojha May 15, 2019 731 Views last_img read more

first_imgAndrus AnsipNew European Commission vice-president Andrus Ansip has backed “solid” and “clearly defined” net neutrality and called for geo-blocking restrictions in Europe to be scrapped.In a speech to the European Parliament in Strasbourg Ansip – who is one of three European commissioners who has taken over from recently retired digital policy chief Neelie Kroes – said that geo-blocking based on location or residence “goes against the core principles of Europe’s single market.”He also said that building trust and confidence in the online world is vital if a digital single market is to exist in Europe and function properly.“Our citizens want the best the internet can offer, they want an internet that is safe and accessible to everybody. This is not a reality in Europe today,” said Ansip.“There is even more work to do to achieve a truly connected digital single market. A market where every consumer is able to enjoy digital content and services – wherever they are in the EU, including government services.“It means every company should be able to share and sell its wares to a market of 500 million, using seamless online channels.”In terms of geo-blocking restrictions, Ansip said that work should centre around reforming and modernising copyright rules and “getting rid of unjustified curbs on transfer and access to digital assets.”In 2015 the European Commission will present its strategy for a digital single market and prepare measures based on its assessment of “the most urgent obstacles to be removed.”“The benefits of a digital single market are €260 billion a year, potentially more. Imagine ending those barriers, making this a benefit to Europe, not the cost of non-Europe. This is the jolt that our economy needs and the opportunity our citizens want,” said Ansip.The comments came as the European Broadcasting Union (EBU) yesterday called on EU member states to launch negotiations as soon as possible with the European Parliament on net neutrality provisions.In an open letter co-signed by the EBU last month, the union said that legislation on net neutrality “would provide certainty for providers of innovative online content, applications and services, enhance transparency for end-users and boost consumers trust in the internet”.Neelie Kroes stepped down earlier this month, with her role divided up and three European Commissioners succeeding her: Ansip, vice president-designate for the Digital Single Market; Günther Oettinger, commissioner-designate for the Digital Economy and Society; and Jyrki Katainen, vice president-designate for jobs, growth, investment and competitiveness.last_img read more