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Mike Bryant
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California Mortgage Law May Be Good Example Of Tort Reformers’ Real Goals


The New York Times had an interesting article about the problem consumers with mortgage foreclosure problems are having in obtaining legal help. The law changed and said that no lawyer could take payment for one of these cases without finishing the case. The theory being that consumers then wouldn’t be swindled by having to pay big retainers and not receive any results.

The mortgage companies still have lawyers.

Those lawyers still get paid as billed.

Funny that the law wasn’t that the mortgage company didn’t get anything (not interest, no late fees, no costs) until the case was finished.

Now, there may be a lot more to the issue than the article contains. But this is a great example of what happens when tort reformers ( you know those free market gardens of big business) become regulators on what lawyers make.

- It is always one sided.

- It is aimed at really preventing consumers from getting help

- It never looks at the negligence and lack of responsibility that started the problem in the first place.

It’s time that this nonsense stopped.


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  1. Mark Bello says:
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    The tort reformers (i.e. insurance and big business) want to do away with anything that assists consumers in defeating them and reducing their obscene profits. Unlike their unfair reporting of the lawsuit funding industry, this time, the Times got it right. Access to justice or restricting access to justice, that is what this debate it about. Consumers need to wake up before all their legal rights are gone.

  2. Mike Bryant says:
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    So very true, thanks for reading and the comment.