JCOHS Lawyers and Attorneys

A power of attorney is a legal document. You use it to give someone the power to act for you. You are the principal. He is your agent. The person acting for you is also known as your “attorney-in-fact.”

Two types of powers of attorney are the general power of attorney and the special power of attorney.

A special power of attorney is used to give another person authority to do one single thing.

A general power of attorney is not limited to a specific purpose. If you want someone to be able to act on your behalf while you are out of the country then the general one is what you need.

Now let’s say you are going to Afghanistan, on active duty. You want to give your wife power to do just about anything while you are gone.

Here’s a how a general power of attorney for that purpose might look:

General Power of Attorney

I, Andy Rasmussen, do hereby grant my wife, Jesica Rasmussen, a general power of attorney to perform any action on my behalf and to sign my name to any documents needed to accomplish said actions until I return home.

Signature & Date

A notary seal is not required but if you are leaving the country for military service you might want to dress it up a bit and include a notary section. Then sign the power in front of a notary just so your wife doesn’t have any trouble with it while you are gone.

Now let’s say you are caring for your invalid mother. She’s not mentally incompetent…yet. But, she does want you to take care of her affairs and pay her bills. A general power of attorney is what is called for. Here’s how it might look.

General Power of Attorney

I, Sally Smith, do hereby grant my daughter Louisa Lewis, a general power of attorney to handle any and all of my affairs, to include personal, business and other.

Signature & Date

Once again, given the circumstances it would be best to have a notary section on this one and to get it properly notarized.

Durable Power of Attorney

Let’s say Louisa in the above example is worried about her mother becoming mentally incapacitated. In that case Louisa might have to go to court to get the right to manage her mother’s affairs.

What’s called for is a “durable power of attorney.” It’s still a general power of attorney but in this case we’ll make it durable so it continues even if her mother becomes mentally disabled. Here’s how it might look:

I, Sally Smith, do hereby grant my daughter Louisa Lewis, a general power of attorney to handle any and all of my affairs, to include personal, business and other. This power of attorney shall continue and survive even if I become disabled whether mentally disabled or physically disabled.

Signature & Date

For sure you would want to have this one notarized and it would be best that you had it drafted by or at least approved by an attorney who works primarily in the area of estate planning.

It is common to see some very comprehensive (10-20 page) General Durable Powers of Attorney. The reasoning behind these very thorough documents is that some financial institutions are very reluctant to rely upon broad, sweeping statements that a principal has granted ALL authority to their agent to do WHATEVER they would be able to do.

Some institutions or people who are dealing with an agent want to see very specific language that pertains to the actual transaction that they are carrying out on behalf of the principal. This just raises the comfort level of some people when dealing with an agent.

Also, in some states there is no penalty for not honoring a power of attorney. If someone chooses not to deal with an agent because they have their doubts about the power of attorney there’s no penalty for refusing to honor the power of attorney. At that point, one would have to establish a guardianship/conservatorship (which, of course, is not a very desirable outcome).

Conclusion

A general power of attorney can be a very simple document. However, since they can be used so broadly, it is best that they be given more care and attention than a simple special power of attorney. When dealing with the aged or infirm you should consider a durable power of attorney. Have an attorney draft it or at least review it.

Acknowledgment

The information on durable powers of attorney was written with the assistance of attorney J. RobRoy Platt of Lehi, Utah. Mr. Platt’s law practice focuses on estate planning issues.

Disclaimer

This article is intended to inform about powers of attorney. Please seek legal advice in your state of residence if your power of attorney involves any matter of consequence.



By: Rex Bush, Doctor Of Jurisprudence, Attorney At Law

About the Author:

HOW TO FIND A GOOD ATTORNEY

 

It may initially seem like finding a “good attorney” is an impossible task, not to mention an oxymoron.  However, not only is it possible to find a good attorney, it is also quite easy.  There are a few solid research tools that are easy to use and accessible to anyone.  The following tools will quickly point you in the direction of a competent and experienced attorney.

One of the most comprehensive tools available on the Web is a site operated by Martindale-Hubbell at http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx .  This site allows you to search, free of charge,  their directory by the attorney’s name, practice area, legal memberships, years in practice, languages spoken, law school attended, law firm and location.  The directory contains over 800,000 attorney listings in the United States alone.  Attorneys listed in this volunteer directory are generally first evaluated by Martindale-Hubbell after being admitted to the bar for at least 5 years.  The attorney’s peers are interviewed by a company representative and also assessed, by survey, in their geographical area.   Once the attorney’s competency and ethics have been verified by their peers, they fall into one of three ratings categories: CV, BV or AV. 

According to Martindale-Hubbell’s website, a rating of “CV” denotes an attorney with good-to-high legal abilities and ethics, “BV” denotes high- to-very -high legal abilities and ethics and an “AV” rating signifies very- high-to-preeminent legal abilities and ethics.   In order to reach the highest “AV” level rating an attorney must have been admitted to the bar for 10 years or more.  As you can see, Martindale-Hubbell provides an excellent, comprehensive foundation for beginning your search for a good attorney. 

Another option is to contact your state bar association and ask for their lawyer referral service.  This service is generally free to the public and can not only help you find an attorney, but it can also assist you in narrowing down your legal issues so that you can identify the most appropriate practice area.  After identifying the appropriate practice area, you will be provided with name(s) of attorney’s near your location.  In addition to providing you with the contact information of suitable attorneys, the lawyer referral services can sometimes (check with your state bar association first) guarantee you a low fixed fee at your first consultation; provided you used an attorney they referred you to.   For instance, the Oregon State Bar Association, http://www.osbar.org/public/ris/ris.html#referral , guarantees a first-time consultation fee of $35 (substantially less than you could pay otherwise) if you live in Oregon and can meet with the attorney face-to-face.  All fees thereafter are negotiated between you and your attorney.

A third option is to ask your friends, neighbors and coworkers if they know of anyone they could recommend to you.  This option will be most effective if your case involves commonly used legal practice areas.  This is because the most common specialties are the most likely to have been used by those you know.  Most people don’t have an occasion to use a patent attorney, but they often use family law attorneys (divorce, adoption, etc.), attorneys specializing in landlord-tenant issues and criminal law.  You know you’ve found a winner when more than one person recommends the same attorney to you.

The last line of defense for finding a good attorney is you.  If you go into a consultation and feel that you don’t like the attorney’s approach, feel talked down to or just get a bad gut feeling about them, trust that instinct and leave.  It’s always better to start the search over; using the four steps we just covered, than to pay potentially hefty sums of money to someone who is ill-prepared to handle your case.



By: Amanda Parish, Ink.

About the Author:

Over the years, I have represented countless numbers of Plaintiffs in Personal Injury cases in the St. Louis area. My experience with my clients and my handling of these cases has led me to a number of conclusions regarding the factors which are important in choosing a St. Louis Plaintiff’s Personal Injury attorney. For years I have had clients sitting in my office who have told me that they have been represented by other attorneys in the past. My question has always been “Why didn’t you go back to that attorney?” It has been my hope to learn from the mistakes of other lawyers and to get the perspective of clients who are dissatisfied with services that they have had in the past. In addition, I have tried to listen to clients who were very pleased with the services of my firm in order to determine what an attorney needs to do right. I have also had clients bring me files after firing attorneys and I have seen first-hand what can go wrong when poor service is provided.

First, I have found that the most common reason that clients fire attorneys, or don’t go back to them for future services, is that many of them don’t return phone calls. When I say “don’t return phone calls”, I literally mean that they don’t respond in any way when a client calls, writes a letter, or sends an email. Even if the attorney is in trial, or there are scheduling challenges, a client at least deserves to know that the attorney received the message and will be responding sometime soon. A failure to return phone calls can often indicate a lack of respect and, from the client’s perspective, it undermines confidence in the attorney’s ability accomplish a result for the client.

Secondly, some attorneys will handle any kind of case, regardless of their experience. I recently had a client who fired an attorney who was practicing in the Kansas City area. The client was in an accident in St. Louis City and this is generally a more favorable venue from the standpoint of being a Plaintiff. However, the attorney was unaware that St. Louis City and St. Louis County were separate entities. When he filed a lawsuit on behalf of the client, he described St. Louis City as being a municipality within the boundaries of St. Louis County. Not only did he file the case in the wrong venue and picked a venue which was unfavorable to his client, but he clearly did not have the familiarity of the local court systems. It is important to choose an attorney who is familiar with the court system and the jury verdicts in the various counties throughout the St. Louis Metropolitan area. Mistakes in understanding the various court systems and procedures for courts in the St. Louis Metropolitan area can result in a poor outcome in a Plaintiff’s Personal Injury case.

Third, it is important for the attorney to have experience in the type of matter which is being handled. For example, an attorney handling St. Louis Car Accident cases should spend a lot of his time practicing in this area. While practicing in other areas can complement the attorney’s services, a real estate attorney, for example, may not understand how an investigation should be conducted. This can result in a less than favorable result if witnesses are not contacted and later disappear, or opportunities to take pictures are squandered. In a car accident case, pictures of damaged vehicles could help resolve a dispute as to how a collision took place. In a case involving a fall, pictures of the bad steps, pothole, or heavily waxed floor could lay the groundwork for a successful result. If an inexperienced attorney doesn’t follow up on such items in a timely manner, then stairs may be repaired, potholes can be filled in, and floors may be replaced.

Fourth, some attorneys look for a quick settlement and will either abandon your case, or abandon interest in it, if it doesn’t come together quickly. In all fairness, there are cases that come in the door and look good at first glance, but sometimes, as the evidence is gathered, it becomes apparent that the case is not going to be successful. On the other hand, there are cases in which adjusters simply refuse to be reasonable and attorneys will often have reputations for abandoning cases easily. Such attorneys will often try to settle for a lowball offer in order to avoid the work which comes with taking the case to trial. It is important to get a sense as to whether the attorney will be willing to do battle on your behalf if the going gets tough.

My fifth point is a very basic one. It is important to choose an attorney who speaks with honesty and candor. You do not want to be misled and it is usually a matter of time before you get a sense that your attorney is being less than fully honest. Beyond honesty, your attorney should also speak to you with frankness and candor. As a client, you sometimes need to know the bad news as well as the good news. An experienced St. Louis Personal Injury attorney will tell you if there are circumstances in which cases like yours are hampered by certain factors. If there is light damage to the car, or a problem with your treating doctor’s credentials, then you need someone to pull you aside and tell you about things which may affect your case negatively. In front of certain juries, for example, they may be conservative and it would help to know if they are going to look negatively at long hair, tattoos, or other items. While it is uncomfortable for an attorney to talk about certain subjects, you are looking for frankness and candor. An attorney who politely points out certain prejudices of potential jurors is doing a great service to his client.

Finally, a lot of clients tell me that they didn’t re-hire their former attorney because they couldn’t relate to him. Some attorneys are pretentious and condescending. I have found that attorneys who are down to earth and secure in themselves can develop an excellent reputation with their clients. If you are in the process of looking for an attorney, I would suggest that you consider all of these factors in choosing the best person for you.

The contents of this article are intended for educational use only in order to provide readers general information and a basic understanding of the law. If you are seeking legal advice, please consult a licensed professional attorney in your state. The information in this article should not be substituted for experienced legal advice.



By: Jeff Swaney

About the Author:

Get Education on Your Rights -Read and Know Before You Do Anything.

Hire a Qualified and Licensed Attorney for Your Loan Modification

The last 5 years is nothing but violations of all kinds of laws including TILA, RESPA and HOEPA by all kinds of lenders including the big lenders. My bad list of lenders include Countrywide, WAMU, and of course Citi. City has already eaten up 40 billion of federal money, and is still teetering on the brinks of a disaster. They are also at the same most arrogant and unhelpful lenders. Most of the foreclosure mess is created by these bankers, including of course many small bankers. They over qualified people who could not handle the burden of loan. These folks should not have been home buyers in the first place. The example, I give quite often is of my son is 10 years old and is in 5th grade. I give him one dollar every day for his allowance. Imagine if I start giving him instead $100 every day for his pocket allowance. It would spoil him in less than one month and show him how to be financially irresponsible. It is another thing if I open a saving account and put $100 in his account every day. Of course that would be a fantastic idea for his college education and bright future.

There is No More Waiting Required— You Waited Long Enough.

The foreclosure process is designed so that you have time to get back on your feet and save your home. But that doesn’t mean it’s safe to procrastinate. The longer you wait, the harder it gets to get you out of that fix. As soon as you decide you need mortgage help, call for a loan modification help and get started.

Who Else But a Qualified Attorney?

Your lenders policies have hurt you too much. Your broker (former) and loan officer along with mortgage bankers and all the other allied people have hurt you much. IN fact, this foreclosure fiasco was caused originally by combination of all these folks and their unlimited greed. Don’t let them continue this game. We all are hurt by this collective deceptive practice. So let us work together and stop it.

Don’t file for bankruptcy, unless you really have to.

Filing bankruptcy is not a solution; at the most it would delay the process. In some cases, it would jeopardize your loan modification process. Remember Automatic Stay under bankruptcy and then affirmation of debts. They are time consuming things. You lose the leverage and deterrence of bankruptcy to use in your loan modification. I never file bankruptcy before loan modification. In fact, in my law office, I keep them separate and never unify them. Because of the knowledge of bankruptcy, foreclosure, and loan modification: an attorney can be uniquely qualified to cover all these areas and knowledge of all these areas, would be very helpful. Just don’t file bankruptcy at the very outset. It may give some time but it is not the solution. Also, please don’t file bankruptcy just for your home loan unless you have lots of unsecured debts

Do Have Any Alternative Plan.

Why Do Lenders Prefer Loan Mod Over Foreclosure?

-Loan Modification is a temporary help. Get qualified for this. There is nothing to be embarrassing in all this issue. Lots of these things had happened out of our control.

-Your lenders are still difficult to work with; they have built fireballs around which you have to cross.  The secret is that by doing loan modification they are helping themselves. On a cost benefit analysis, they lose more money in a foreclosure. It saves money, and this is a time tested factor that lenders save money on loan modification and lose money in foreclosure.

Let us analyze the situation here in greater details.

Loan modification is cheaper. They deal with one borrower only and not a plethora of people like default agency, governmental agencies, and the auctioneer and furthermore a new person in the entity who is stills an unknown commodity. A loan modification takes place in 30 or 60 days while the foreclosure process is long and it has its statutory limitations. The paperwork is less in loan modification compared with foreclosure process. In foreclosure, your lender will assess all kinds of late payments, expenses and attorney fees, and of course a repair for the home to make it at least presentable. All these add up in the cost to lender. Your lender is tired of foreclosing home. They have a high list of REO properties, and no one is buying them. A loan modification process can slow down your foreclosure process but it is not a safe guarantee against the foreclosure. However, as long as borrower is talking, communicating with their lenders, they would not or at least hesitate to send their home to the auction block. Ideally speaking, don’t sit and wait for this time to come. Do something now. It is the time. It is your home. Find someone who is professionally qualified to help you. It is your local attorney who has a local office, easy to find and communicate and licensed in the State of Nevada.

1. Put everything on paper. It’s not uncommon for lenders, especially smaller ones, to lose track of your application. To prevent delays, make sure all your efforts are documented and kept on file. This includes all the calls you make and receive, both from your lender and loan modification attorney. Keep receipts of all your transactions, and make copies so you don’t have to let go of the originals.

2. Do your own financial statements. Part of every home loan modification is a financial worksheet, which will be your main basis for qualification. Most lenders have their own forms, but it won’t hurt to make your own as well. If your lender insists on using their worksheet, at least you’ll have all the information ready.

3. Be as detailed as possible. Too much information is better than too little, and it limits the chances that they’ll call you for more information. A typical worksheet for a mortgage home work modification will include the following:

-Your contact information (address, home phone and work phone, fax and email) -Information about your property, including the estimated value -Your current income -Any additional income, such as welfare, child support, etc. -Your estimated total value, including other assets such as real estate, savings and checking accounts, IRAs, 401(k), stocks and bonds.

-Liabilities, such as existing loans monthly bills, medical expenses, and tax liens

4. Keep all your bills. Keep track of all of your bills in a methodical order. Make sure you write down your grocery bill, your utilities, including water, power, gas, and trash charges. Now, add on your monthly bill of HOA, any other community charges, your insurance charges, your child support, and other alimony issues or legal expenses. Possibly, a positive cash statements would be an ideal one to work with banks.

 



By: Malik Ahmad Attorney at law

About the Author:

Whether you’re a business owner or a regular old Joe needing the assistance of a tax attorney, you need to be ready to invest some time into finding the one that’s right for you. Tax attorneys not only have special training, but good tax attorneys also have extensive experience interacting and negotiating with IRS auditors. The job of an IRS auditor is to get as much money as legally possible from you so that the government can have it. They are relentless and often intimidating, so if you find yourself the subject of an audit, you should immediately find an advocate in the form of a tax attorney. Here are five steps to getting the best tax attorney to work for you.

1. Find a tax attorney with experience. Find out what kind of formal education she has and what kinds of certifications she has. How long has she been a tax attorney? Another important factor to research is whether or not she has worked for the IRS in the past. Former IRS agents are invaluable as tax attorneys, and if you have the opportunity to hire one to represent you, you should take advantage of it. Tax attorneys who have worked for other financial authorities are also valuable, so if you can’t find a former IRS agent to work for you, find someone who has worked for another large financial authority.

2. Find a tax attorney with quality education. The minimum degree that your tax attorney should have is the LLM in taxation (Master’s of Law in Taxation). This is evidence that the attorney completed at least one year of study in tax law. Ideally, you should find a tax attorney who not only has an LLM, but who is also committed to continuing education in the field of tax law. This is critical since tax laws change regularly. One way to find out whether a tax attorney is well-versed in tax law is to conduct an internet search for articles about tax law that this person might have published. This is an indicator that the tax attorney is potentially an authority in the area of tax law.

3. Find a tax attorney that specializes in the issue you’re facing. When you interview a potential tax attorney, tell him your unique situation and ask him if he has ever handled a similar situation. While the attorney is prohibited from sharing identifying details about other clients, engage him in a conversation that provides ample evidence for you to determine whether or not he has enough experience with your type of situation to help you effectively.

4. Find a tax attorney who is a skilled communicator. Part of a tax attorney’s job is to negotiate with the IRS agent on your behalf. This means that the attorney needs to return phone calls promptly and conduct himself in a professional manner. He should be clear and articulate, and should be able to discuss your particular case in terms that you can understand. If your potential attorney has difficulty expressing himself or doesn’t communicate with you in a prompt and professional manner, move on to the next candidate.

5. Find several attorneys from which to choose. When you’re on the hunt for a qualified tax attorney, don’t put all of your eggs in one basket. Get several different recommendations from friends and family members, or from other business owners who have been audited in the past. Part of managing an audit is timeliness, so if your first choice of attorney doesn’t pan out, you don’t have time to start a new search from scratch. You should already have a list of three or four and be ready to pursue interviews if your first few aren’t going to be able to do a good job for you.

Choose your tax attorney wisely and you’ll be pleased with the results!



By: Seomul Evans

About the Author:

The Lasting Power of Attorney was introduced by The Mental Capacity Act 2005 and came into effect on the 1st October 2007. It replaces the Enduring Power of Attorney although EPA’s made prior to the 1st October 2007 will continue to be valid.  You may make two types of LPA – the Property and affairs LPA and the Welfare LPA.  As the name suggests, the Property and Affairs LPA deals with financial matters whereas the Welfare LPA covers personal and healthcare decisions.

Choice of Attorney

The person making the LPA (the Donor) should appoint an Attorney they trust and in whom they have complete confidence. The Attorney must be over 18 and must not be an un-discharged or interim bankrupt person.  More than one Attorney can be appointed to act either together, independently or together in respect of some matters and independently in respect of others. If the LPA is silent on how two or more Attorneys are to act they must act together. Under LPA’s it is possible for the person making the LPA to appoint a replacement Attorney.

Role of Attorney

An Attorney’s role to make all the decisions (subject to any restrictions or conditions contained in the LPA) that the Donor would have made himself and in reaching these decisions the Attorney must comply with The Mental Capacity Act 2005 and the Code of Practice. Under a Property and Affairs LPA the Attorney will commonly be able to pay bills and expenses, collect income and benefits, manage Bank and Building Society Accounts, buy and sell property, complete and submit Tax Returns and make gifts within the statutory limits. Under a Welfare LPA the Attorney is likely to be given power to consent or refuse particular types of healthcare, including medical treatment and may even be able to consent to or refuse life sustaining treatment on behalf of the person that has made the LPA.  The Attorney may also be able to decide whether the Donor remains in his own home or moves into residential or nursing care and also more day to day decisions such as the Donor’s diet, dress or daily routine.  LPA’s can be restricted or contain conditions limiting the Attorney’s authority.  The Donor can also, if he wishes, include guidance for the Attorney in the LPA.  This guidance is not legally binding but could be invaluable to the Attorney.

The Certificate Provider

Not only must LPA’s be signed by the Donor and Attorneys and witnessed, a Certificate must also be given by a third party, the “Certificate Provider”. A Certificate Provider is an independent person chosen by the Donor to complete a Certificate contained in the LPA to confirm that in his or her opinion the Donor:-

understands the purpose and content of the LPA; understands the extent of the powers he is giving to the Attorney; is not being pressurised, tricked or placed under duress by a third party to make the LPA; and that there is nothing else that would prevent the LPA being created.

The Certificate is vital and without it the LPA is invalid and cannot be registered. The Certificate Provider can either be someone who knows the Donor personally and has done so for at least two years or a person with the relevant professional skills and expertise to certify the LPA eg. a Solicitor, Barrister, Doctor or Social Worker.

Registering the LPA

An LPA, whether it is a Property and Affairs LPA or a Welfare LPA must be registered with the Office of the Public Guardian (OPG) before it can be used.  The registration fee is £150 and the registration process is likely to take between 6 and 8 weeks. Once registered, a Property and Affairs LPA can be used immediately but a Welfare LPA can only be used once it is registered and the Donor has lost his mental capacity to make decisions. When making the LPA the Donor can nominate up to 5 people to be notified of the application to register.  Those notified will have an opportunity to object to registration if they have concerns for example regarding the integrity of the Attorney.  It is not a requirement that persons are nominated but it is advisable. A registered LPA will be added to the OPG database and searches can be made by third parties to see whether an LPA is in existence.

Revoking an LPA

An LPA can be revoked by the Donor at any time provided he has mental capacity.  The Attorney can also disclaim the appointment.  There are also circumstances when an LPA will be revoked.  These are:-

when the sole Attorney dies or is made bankrupt.  If two or more Attorneys are appointed, the appointment of the surviving or non bankrupt Attorney will continue; when the Donor dies; when the Donor is made bankrupt (NB this rule does not apply to a Welfare LPA); when the Attorney is a spouse or civil partner and the marriage ends in divorce or the civil partnership is dissolved.  The LPA may, however, specify that the appointment continues notwithstanding such divorce or dissolution.

However, a decision to give someone authority to manage your financial affairs is not one that should be entered into lightly.

It is therefore advisable to consult a Solicitor who is a Registered Trust and Estate Practitioner with considerable experience of dealing with these types of matters if you are considering granting a Lasting Power of Attorney. 



By: Paul Finn

About the Author:

Even though you are selling your home without an agent, the assistance of a professional is still needed at various steps in the home selling process. The requirement of a real estate attorney depends on the laws in your state. Even if you live in a state where a real estate attorney is not needed, as a for sale by owner seller, it will still be beneficial for you to use one.

An attorney can serve many purposes in the housing transaction. When you hire an attorney that specialized in real estate, that attorney is responsible for seeing that your best interests are met in the housing transaction. An attorney can act as the escrow agent by holding down payments, documentation, and earnest money deposits. Not only that, the attorney can help you decipher and evaluate complicated offers you might receive from a buyer. In the event that the lenders attorney does not handle the closing, your attorney will host and handle the closing. If the lenders attorney does handle the closing, then your real attorney will represent you in the process.

Your primary concern should be to find a real estate attorney that will provide you with assistance you need in the housing transaction. You can use a local or internet directory to find the names of some attorneys in your area. Asking friends or family who have recently sold homes for references is another way that you can find an attorney to assist you. If there are neighbors with for sale signs in their yards, you can casually inquire about the attorney they are using. Hiring an attorney that comes as a reference is often better than cold calling attorneys.

As you look for an attorney to hire, you should choose one that works primarily with real estate transactions. Avoid choosing a criminal or family law attorney that handles real estate transactions on the side. Your interests will not be best served by an attorney that does not spend a significant part of his or her time in real estate transactions. Certainly do not hire an attorney that has never worked in real estate.

Along with experience in real estate transactions, price will be the other factor you use to choose a real estate attorney. The attorney you hire will have two major responsibilities: reading and advising you on documents and representing you at closing. Get a price quote from prospective attorneys on those two tasks. You can get a discount from the attorney by letting him or her know that you will be preparing and filling out some of the documentation. Shop around among several attorneys to get a feel for experience level and price charged.

The most important thing is that you have a real estate professional available to assist you through the transaction. Even if you have successfully sold a for sale by owner home before, it is better to have legal assistance than to attempt to complete the process on your own.



By: T J Madigan

About the Author:

As you may expect, home mortgage loan mitigation is not a one size fits all endeavor. The universe of possible solutions is vast. Always use an attorney for ALL loan modifications that will thoroughly review your circumstances and desires before recommending a course of action. Your financial circumstances, existing loan documentation and legal rights should always be reviewed and considered. An attorney will work with you to achieve a solution which fits for you and your family. While other organizations may simply submit a loan modification request, which may be ignored by the lender, an attorney will actively and aggressively negotiate the most advantageous solution for their clients.

In many cases, an attorney will contact your lender and get them to delay the foreclosure process without filing bankruptcy. Such a scenario allows an attorney the opportunity to negotiate a “win win” resolution for both sides. Foreclosure is generally a very costly option for lenders. In certain instances, a modification of the existing loan is a good solution. Depending on circumstances, a deed in lieu, also known as “cash for keys” or “walk away” may be the right solution to keep a foreclosure off your credit report. There are many possible solutions to resolve a situation where a homeowner is either behind on payments or likely to fall behind in the near future. Such possible solutions include a modification or restructuring of the terms of your current loan to lower your mortgage payments, a recapitalization and principal balance reduction, a rescission of your current loan (up to three years) or a lawsuit against the mortgage company for predatory lending violations if determined to be appropriate after a proper loan document audit. There are many other possible resolutions as well. An attorney will assist you to determine which possible option is best for you.

Currently, Aurora, Citibank, Chase, Countrywide, GMAC, Litton, Wachovia and WAMU are among the major lenders routinely offering loan modifications. Although many lenders are willing to consider loan modifications, many lenders are unable to keep pace with the current demand for loan modifications. Even in cases where the borrower is currently in default, a lender offered forbearance agreement may not be the best resolution for the borrower. An attorney may be able to stop foreclosure by negotiating a loan modification; even in cases where a previous forbearance agreement has failed. Because we process many loan modification requests, our current relationships with lenders and loan servicing companies may allow us to bypass overwhelmed loss mitigation personal and negotiate directly with asset and portfolio managers as well as the lender’s legal department.

In order to secure a loan modification, an attorney will make use of the tools provided by federal law. Such federal tools include both the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA). Both state and federal laws require mortgage companies to adhere to certain guidelines when originating home loans. Some existing mortgage loans have TILA and/or RESPA violations. When such a violation is determined to have occurred, an attorney will utilize such violation as leverage to negotiate a favorable resolution for our clients. Generally, lenders will seek to avoid costly litigation and are more agreeable to reaching voluntary solutions when such violations are identified and brought to their attention by qualified law firms.

During times of real estate booms, some brokers and lenders engage in unfair or illegal practices to close loans. An example of these practices may include charging unexplainable or unreasonable fees and charges. Other examples include not fully explaining interest rate adjustments, pre-payment penalties or the implications of option ARM loans with minimum payment options. Additionally, some brokers and lenders illegally inflated or otherwise manipulated financial statements to qualify buyers who would otherwise not have qualified for their loans. Simply refinancing out of these inappropriate home mortgage loans is now generally not an option because of declining property value or debt to income ratios.

An attorney can help to identify if you have been the victim of such an issue. In such a case, we can attempt to resolve these issues fast and efficiently so the borrower doesn’t fall victim to foreclosure proceedings. Helping stop foreclosure and restoring financial stability for our clients is our main goal.

There are additional reasons to conduct a detailed review of the client’s mortgage home loan documents. If a lender fails to properly provide adequate notice of the borrower’s right to cancel, the right of rescission may be available to the borrower for up to three years. When such right is extended for three years, the borrower may be able to rescind the loan during such period. In such a circumstance, the loan is treated as if it never existed. Essentially, the borrower becomes entitled to all profits made by the lender as a result of the loan. As such, the lender or other creditor would be required to refund all interest paid, all closing fees, all broker fees, and even pay the borrower’s attorney fees. This circumstance can create a legitimate windfall to the borrower. The extended right of rescission is a powerful tool to assist borrowers who have been victims of predatory lending. An attorney can assist in determining if such a right exists and will assist its clients in exercising such right in appropriate circumstances.

Mortgage and loan servicing companies generally do not want your home and most will work diligently with a law firm to avoid foreclosure. Litigating mortgage fraud and predatory lending cases can become costly for both sides and should be avoided unless the lender will not comply or there are significant damages to the borrower. Our clients retain us to make a best effort at resolving their hardship and to fight for their rights. In most cases, the client’s goal can be realized without costly litigation by using existing relationships to find an amicable resolution to stop foreclosures.

A loan modification proposal offered by a law firm may result in a more favorable loan modification agreement than your lender will offer you directly. Many modifications offered by mortgage lenders and loan servicing companies are forbearance agreements and are not a true modification to the terms of your mortgage. These types of agreements generally do not benefit the borrower in the long term and home owners facing foreclosure should consult with a law firm and fully understand the terms and ramifications before signing any of these documents.

In cases where neither refinancing nor a loan modification is a possibility, a short sale or a deed in lieu may be among the best options to both avoid foreclosure and a deficiency judgment. An attorney can help borrowers navigate through the possible options to determine which resolution is best for your particular circumstances. A real estate short sale occurs when the lender agrees to discount the loan balance and accept the sale proceeds in full satisfaction of the outstanding debt. In such cases, the lender has the right to approve or disapprove of the proposed sale. Lenders are generally inclined to agree to a short sale if they determine such action will mitigate losses as compared to foreclosure. The advantages of a short sale to the borrower include avoiding a foreclosure reported on credit history and mitigating or eliminating a possible deficiency. A short sale is generally faster and less expensive than a foreclosure. In summary, a short sale is a negotiation with a lender resulting in a payoff less than what is currently owed.

Not all lenders are equally amenable to short sales. Many lenders have pre-determined criteria for such transactions. Distressed lenders may accept any reasonable offer. However, junior lien holders such as second mortgages, HELOC lenders, and HOA (special assessment liens), may also need to approve of any short sale. Objectors to short sales sometimes include tax lien holders (income, estate or corporate franchise tax – as opposed to real property taxes, which have priority even unrecorded) and mechanic’s lien holders. It may be possible for junior lien holders to prevent a short sale. Additionally, lien holders who are not mortgagees are generally unlikely to forgive the debts owed to them.

While a short sale appears on a borrower’s credit report differently than a foreclosure, a short sale may nonetheless have severe consequences for the borrower in the future. A short sale may appear on a borrower’s credit report as “foreclosure proceedings started.” While not a foreclosure, a short sale may prevent the borrower from obtaining a new mortgage for seven or more years. Short sales are complex matters which should be handled carefully by experienced professionals.

The loss mitigation industry is a recent advent and has become large as a result of the current economic and real estate crisis. The loan modification industry is currently inundated with marginally qualified or unethical individuals, who are essentially salespeople, who have accepted fees in exchange for half hearted efforts or no efforts at all to provide loss mitigation services, loan modification or stop foreclosure services. As such, several states are currently considering legislation which requires attorney involvement for loan modification requests.

Some companies offering loan modification services claim to be “attorney backed” or “attorney based” in their marketing. In such a case, borrowers should be aware they are not contracting with or engaging the services of a law firm. Some companies simply hire an attorney for consultation to claim an association with an attorney. In such a case, the attorney does not represent the borrower and the company is not bound by the same ethical duties required by licensed attorneys. Additionally, no attorney client privilege exists with such a company and statements made to them are discoverable. To be sure, the borrower is encouraged to request to speak personally with the attorney.

“Attorney based” loan modification companies are not law firms. As such, when you discuss the details of your mortgage with these companies, there is no attorney client privilege. Any conversation you have with a non-law firm loan modification company is discoverable by a state agency and not protected by attorney client privilege and therefore not confidential. Prosecuting agencies have become much more aggressive recently in bringing prosecutions for mortgage fraud based on overly optimistic or inflated representations regarding income or monetary reserves at the time of qualifying for the loan. Therefore, if you are concerned that statements you made on your mortgage loan application could be construed as false and you are at risk for foreclosure, please contact an attorney immediately. Do not discuss this issue with anyone other than a licensed attorney.

For more info-

http://www.attorneyforloanmods.com



By: Loanmods

About the Author:

If you’ve suffered an injury at work, it’s extremely important to find a good work injury attorney, regardless of who you think was at fault for the accident. A good work injury attorney will help you sort out who is responsible for any damages you’ve suffered and will let you know whether pursuing a case is a good idea. The attorney should be open and friendly. The work injury attorney should fully understand your injury and grievances, and he or she should take the time to explain to you the recommended course of action. In addition, a good work injury attorney will make it clear what kind of settlements or payments you can expect from your work injury.

 

Typically, an attorney who deals with many cases in the worker’s compensation realm will be the type of work injury attorney best equipped to help you with your claim. Before visiting, ask the work injury attorney about his or her experience in the field. Is it extensive? If it is, and if they have settled many successful cases, then you know you’ve got a work injury attorney who knows the all the nuances and traits of worker’s compensation system. Has the work injury attorney ever handled a case similar to yours? And if so, what was the outcome? If it was a successful case, then you can be confident that you’re working with a competent work injury attorney. A good work injury attorney will ask many questions so as to fully understand the situation. Beware the work injury attorney who appears disinterested or doesn’t seem to request a lot of information.

 

Worker’s compensation cases can become very complex. So it’s usually a good idea to seek out a work injury attorney as soon as possible. Getting a good work injury attorney at the beginning of your case will let the attorney give important input regarding your medical treatments. Also, the work injury attorney will be able to gather valuable evidence for your case. When you spend time dealing with insurance companies before consulting a personal work injury attorney, you may find that your claim is challenged. That means the insurance company may already be gathering evidence and building a case against you. And while it’s never too late to contact a work injury attorney, waiting until an insurance company challenges you means you and your work injury attorney have to make up some lost ground, so it’s always a good idea to contact a work injury attorney as soon as possible.

 

It’s also a good idea to keep copies of everything involving your injury for your work injury attorney. That means all hospital bills and the details of your payment benefits. Contact your personal injury attorney immediately with any new information or if something regarding your injury changes. And always follow your doctor’s advice. Engaging in activities not recommended by your doctor could damage your case.

 

The best first step to finding a good work injury lawyer is to simply open up the yellow pages or search the Internet for a work injury attorney in your area. But please, shop around. Contact several work injury attorneys so you can get a feel for their personalities and a sense of their professionalism. Feel free to call the work injury attorney’s office or send an email. A good work injury attorney will be open and willing to answer most basic questions over the phone. Also, a good work injury attorney won’t just have the proper credentials to handle your case, but he or she will make you feel comfortable at all steps of the worker’s compensation claim process.

 

An injury at work can be a life-changing event. But it doesn’t have to be a change for the worse. When you find a good work injury lawyer who has your best interests at heart, you will get the compensation you deserve and the peace of mind you require.



By: Peter Drummond

About the Author:

There is no doubt that it is entirely possible for you to work on your own with the bank to come to a mutually amicable solution to your foreclosure problem, but you must also keep in mind that time is of the essence in dealing with loan modifications.  While you are trying to deal with the lender or servicer precious time is slipping away. 

Most lenders and servicers continue on with the foreclosure process while you negotiate a modification or other alternative.  Your denial of a modification may not occur until the day before the foreclosure sale.  And if you do receive a modification offer, the offer might be unfair or possibly contingent on you giving up important rights. 

There are no hard and fast rules on what lenders and servicers are willing to do, so it would be very helpful to have a skilled attorney represent you and present your situation in the best light possible. An attorney can review your financial information and help you devise a strategy to reach your end goal whether it be to modify your loan to a fixed or lower rate, add back payments to the principal, temporarily reduce payments, or just to help give you enough time to sell your home or negotiate a short sale, deed in lieu, or other alternative.

An attorney can also review your loans and servicer/lenders’ actions to see if there are any violations of HOEPA, RESPA, Reg B, the Fair Debt Collections  Act,  the Fair Credit Reporting Act,  acts regarding subprime loans, predatory lending acts or any of the other consumer/borrower protections found in North Carolina and/or Federal law.  There are many rules and regulations out there that protect borrowers and consumers that you may be able to take advantage of. 

Additionally, an attorney often has contacts in Loss Mitigation, Short Sale, and other departments within servicers and lenders which can increase the efficiency of you loan modification review and so that you don’t have to spend your valuable time on hold with servicer or lender departments just to have your modification paperwork lost or to be juggled from one department to another. An attorney can make these calls, negotiate your position, propose many alternatives, advise you at each juncture and keep you updated throughout the process instead of you spending large amounts of time in limbo wondering if you are doing everything possible and whether you have explored every option to reach your goal whatever that may be.  

You may only have one shot at a loan modification or other alternative and by employing the services of an attorney you can feel assured that all possibilities and avenues have been explored. 

For more information on loan modifications and other foreclosure alternatives, please visit:  http://zellersrudd.com/areas_of_practice/charlotte_foreclosure_alternatives.aspx 

 



By: Charlotte Foreclosure Attorney – Zellers Rudd

About the Author: