News from July 2008
Attorney General to sue Countrywide
Attorney General Bill McCollum announced July 1st that his office has filed a lawsuit against Countrywide Financial, one of the nation's largest mortgage companies, for allegedly engaging in deceptive and unfair trade practices. The lawsuit claims Countrywide put borrowers into mortgages they couldn't afford or loans with rates and penalties that were misleading. Chief Executive Angelo Mozilo was also named in the lawsuit.
It appears to us Countrywide did no due diligence and accepted applications which were patently fraudulent and reflected no ability on the part of the borrowers to make the required payments, said Marc Taps with Legal Services of North Florida.
The company's deceptive marketing practices were supposedly designed to sell costly loans while hiding or misrepresenting the terms and dangers. Countrywide's deceptive sales practices resulted in a large number of loans ending in default and foreclosure, with the company reporting earlier this year that more than 25 percent of its subprime loans were delinquent.
Posted on 4 July 2008
Electronic System for Travel Authorisation
The detail of the new Electronic System for Travel Authorisation (ESTA) has now become clear.
All travellers including children travelling under the visa waiver system must complete the online ESTA form from January 12th 2009, at least 3 days before travel to the US. Voluntary authorisations can be obtained online from August 1st 2008.
The Authorisation lasts for 2 years, or until your passport expires, which ever is sooner. Once issued, you do can travel repeatedly within the 2 years without completing a new ESTA. If any changes occur, such as name or biographic changes , a new authorisation must be completed.
The questions asked will concern criminal records, communicable diseases, past history of visa revocation or deportation and basic data such as name, date of birth and passport information. Changes in address and itinery can be made online after the ESTA form has been submitted. It is worth noting that 'initially' there will be no fee to submit an application, which suggests that down the line a fee could be imposed by the U.S. Government.
The ESTA will not replace the need for visa's for those normally requiring them and those who have been refused entry or a visa will not qualify for ESTA. Travellers will still be required to go through pre-clearance at the port of entry as normal. If a traveller is not approved for travel through ESTA, they will have to apply for a visa through the normal procedures.
Approval will be instant for most travellers, shown by a 'Authorisation Approved' notice on the website. In some cases approval may take up to 72 hours and an 'Authorisation Pending' notice will be seen. A small number of passengers will receive 'Authorisation Denied' notices. There will be a link on the website to the Department of Homeland Security (DHS) Travel Redress Inquiry Program to examine denials, but there is no guarantee that the decision will be reversed. Embassies and Consulates will not be able to provide information about why an application has been denied.
ESTA data will remain active for the duration of the ESTA after which it will be maintained for 1 year. After that it will be archived for a further 12 years with limited access. However, the ESTA will replace the paper I 94W form, and when the ESTA has been used in lieu of the I-94W, the ESTA will be maintained in accordance with the retention scheduled for I-94W which is 75 years.
The information may also be shared with foreign governmental agencies responsible for investigating or prosecuting the violations of civil or criminal laws.
Until the ESTA is mandatory (after Jan 12 2009) travellers in possession of a valid ESTA will still need to complete and present the I 94W form issued on the plane. The ESTA form can be completed after August 1st 2008 at https://esta.cbp.dhs.gov/
You do not need to have existing travel plans to complete the ESTA.
Holders of current, valid visas will not need an ESTA.
Posted on 4 July 2008
Hurricane Bertha First of the Season
Tropical Storm Bertha has increased in ferocity to a Hurricane, the first of this year's season. It is too early yet to determine if Bertha will affect any land. Keep up to date with storms this season on our Hurricane Watch page, updated regularly when a storm is active.Posted on 7 July 2008
