Techno-Law

In 2006 Alabama court officials introduced an e-filing system to allow thousands of attorneys to securely file complaints, discoveries, proposed orders and other documents over the Internet. The Alabama Administrative Office of Courts (AOC) expected attorneys to electronically file about 80 percent of all civil cases through AlaFile by the end of 2006. Civil cases include family matters such as divorces and child support. AOC is the office that oversees the state’s unified court system and is responsible for centralized purchasing, personnel issues, technology and other matters. Alafile is the name given the new system allowing legal documents to be filed over the internet.

I do not believe that AOC adequately calculated attorney’s reluctance to embrace change especially changes in technology. Most of us only change when we are forced to. If it ain’t broke don’t fix it. We have all been e-filing appeals for some time. A few adventurous attorneys have begun filing some of their civil documents on line.

You may have heard that there have been changes brought to the state court system because of a lack of money. Some counties have been requiring that everything filed in civil and criminal court be e-filed. The Chief Justice of the Alabama Supreme Court, Sue Bell Cobb, has set up deadlines that must be met by each state court. The time has come to Franklin County for all civil matters to be filed over the internet.

When I first started practicing law here in 1984 I believe the filing fee for a circuit court civil case was $49. This fee allowed multiple modifications, contempt petitions, and defaults. Now it cost $156 to file the original complaint or petition. It cost another $256 to file for modification and an additional $56 to file for a default judgment.

E-filing will save money and time. Tax payers will spend less money on paper, file folders, postage, printers, ink and personnel. It is also suppose to be more accurate and efficient. I guess it will be better after the learning curve.

My thought is that if it will work better for my clients to have everything to be filed electronically I’m in favor of doing it. Also if everything filed in court is on the internet my clients should have access to all of that information. I have a system that is being put into place that will do just that. This system is currently available only to my domestic relations clients. If my office represents anyone in a divorce or custody matter they will be able to access their file over the internet. They will also get e-mail notifications of everything that has been updated or changed. This is so new that I don’t have e-mail addresses for most of my clients. They can’t connect to this new system until I’ve obtained that address.

As soon as we all learn to file the civil cases over the internet we will be required to electronically file criminal cases also. So let’s work out all the bugs and get on the bandwagon.

Rebecca Green Thomason

Lawyerthomason@gmail.com

Greenthomason.com

256.331.0800

Foreclosed? Is it legal?

There are so many houses for sale in Franklin County. Many of the empty houses are a result of a loan foreclosure.

In Alabama a foreclosure does not have to go through the court system. Sometimes a lawsuit can be in the final stage of foreclosure.

Before there can be a sale the mortgage company sends a notice that the loan is being accelerated and that a foreclosure sale will occur in 30 or more days. The loan company must advertise the foreclosure sale in the newspaper in the county where the property is located for three consecutive weeks. If the property shows up in the legal notices then the borrower needs to try to get a loan modification, reinstate the loan, or obtain another loan. It may also be a good time to seek advice from a bankruptcy lawyer on filing a chapter 13 bankruptcy to stop the foreclosure. Many times the mortgage company or loan officer has not followed the letter of the law. The borrower may want to check with a lawyer to see if they can sue the mortgage company. A suit will often stop the foreclosure sale.

Sometimes the mortgage company will decide to sell the property on a different date than was published in the paper. If the company fails to give proper notice of this change, the sale may be considered an illegal sale. The sale usually happens on the courthouse steps. The sale starts right on time. We have had people show up for the sale five minutes after the published time only to find out that the property was sold to the high bidder. Anyone with the money or the credit can buy the property at the sale; the mortgage company, the original owner or an investor.

The new owner will need to record a foreclosure deed in the probate court of the county where the home is located.

Usually a letter is mailed by the new owner the day after the foreclosure sale. The letter informs the borrower that they have ten days to leave the property. If the owner fails to leave then they will lose their right of redemption. In Alabama a borrower has twelve months to redeem or buy back the foreclosed property.

If the borrower stays in the home after the ten days the new owner must file an ejectment lawsuit. Often the lawsuit requests that any deficiency be paid and for the judge to declare that right of redemption has been lost.

The borrower must answer the lawsuit within thirty days. Many people just don't file an answer. This is when a default judgment is entered against them which will include being ordered out of the home. Often the answer will include filing counterclaims against the company or new owner. The counterclaim is often for fraud or a broken contract.

Often the mortgage company is located in another state but must sue in Alabama. The judge will usually require a corporate representative to come to Alabama to give a deposition and to attend the trial.

Rebecca Green Thomason

Attorney at Law

115 South Jackson Ave

Russellville Al 35653

lawyerthomason@gmail.com

greenthomason.com

256-331-0800

Smile

I’ve been somewhat melancholy for the past week. I needed a few jokes to lighten my mood and thought you might need a small laugh too. However, in our politically correct society, it’s hard to tell a joke without offending some group of people. There is one group that can be made the bunt of a joke and no one will get upset. You got it lawyer jokes are always politically correct. So here goes…

An attorney telephoned the governor just after midnight, insisting that he talk to him regarding a matter of utmost urgency. An aide eventually agreed to wake up the governor.

"So, what is it?" grumbled the governor.

"Judge Garber has just died" said the attorney, "and I want to take his place."

Replied the governor "Well, it’s OK with me if it’s OK with the undertaker."



Two attorneys went into a diner and ordered two drinks. Then they produced sandwiches from their briefcases and started to eat.

The owner became quite concerned and marched over and told them, "You can't eat your own sandwiches in here!"

The attorneys looked at each other, shrugged their shoulders and then exchanged sandwiches.



An attorney defending a man accused of burglary tried this creative defense: "My client merely inserted his arm into the window and removed a few trifling articles. His arm is not himself, and I fail to see how you can punish the whole individual for an offense committed by his limb."

"Well put," the judge replied. "Using your logic, I sentence the defendant's arm to one year's imprisonment. He can accompany it or not, as he chooses."

The defendant smiled. With his attorneys assistance he detached his artificial limb, laid it on the bench, and walked out.



An attorney was on vacation in a small farming town. While walking through the streets, a car was involved in an accident. As expected a large crowd gathered. Going by instinct, the attorney was eager to get to the injured, but he couldn't get near the car. Being a clever sort, he started shouting loudly, "Let me through! Let me through! I am the son of the victim."

The crowd made way for him. Lying in front of the car was a donkey.



A doctor and an attorney in separate vehicles collided on I-65 one foggy night. The fault was questionable, but both were shaken up, and the attorney offered the doctor a drink from a pocket flask. The doctor took the flask with a shaking hand and belted back a couple of swallows.

As the attorney started to put the cap back on the flask the doctor asked, "Aren't you going to have one too, for your nerves?"

"Of course I am," replied the attorney, "after the Alabama Trooper gets here."

How can a pregnant woman tell that she's carrying a future attorney? She has an uncontrollable craving for baloney.

What do you get if you send the Godfather to law school? An offer you can't understand.

Rebecca Green Thomason

www.Greenthomason.com

256.332.0800

Twisted

The tornados in Alabama have left devastation on an unprecedented scale. There are more than 200 people confirmed dead and many thousands more lost their homes and all their possessions. Much of this painful damage to life and property occurred right here. The thoughts and prayers of every member of the Franklin County Bar Association go out to the families touched by this tragedy. We have all been touched in some way.

The Franklin County Bar Association will provide free help to storm victim such as helping them file insurance claims. This is an often time-consuming and confusing process, which seems especially disheartening in the face of such tremendous loss. They will also help with FEMA claims and give advice on landlord-tenant issues. They will be available to answer any legal questions that relate to the storms and the loss of life and property and other legal matters related to Wednesday's storms.

Others are trying to help too. The Department of Insurance has instructed insurance companies to give customers who can't pay their premiums because of the storms a 30-day grace period. The order means customers who have been affected by the storms can't have their coverage canceled for nonpayment until May 27, 2011.

Insurance companies recommended that homeowners who have minor damage should go ahead and make temporary repairs themselves. They should board up broken windows and put tarps over holes in a roof. Then save your receipts to show to your insurance adjuster to cover costs of the necessary materials.

Many insurance companies are setting up portable offices throughout the state. I do not know if any will be in our area. You may have to wait for assistance from your insurer as they may have to add temporary staff to help with the huge amount of claims. If you can find your policy; review it. Bring the police to any attorney you decide to seek advice from. The Alabama Department of Insurance phone number is 800-433-3966. You may also go on line to register for an emergency insurance adjuster at http://www.aldoi.gov/Licensing/EmergAdjustForm.aspx

Remember, as repulsive as it is, scams follow disasters. So be on the lookout for roofing and other repair scams. Also, be sure to confirm the identity of anyone claiming to represent your insurance company. You should also be careful in the next few months of attorneys from out of the area. Attorneys who advertize quick fixes to your problem need to be scrutinized carefully. It is not ethical for an attorney who you do not know to contact you about representing you because of your storm damages. Just contact any attorney who is currently an active member of the Franklin County Bar for free legal advice. We, like you, have lost property, friends and loved ones.

Rebecca Green Thomason

Lawyerthomason@gmail.com

Greenthomason.com

256.331.0800