Should I Hire an Estate Planning Lawyer?

AppId is over the quota
AppId is over the quota

One of the biggest questions many families face is whether or not their loved one should hire an estate planning lawyer or not. Not only are there are a large number of lawyers qualified for this task, but there are likely many friends and family members in your address book who could refer you to one if the question of who to hire comes up. When it comes to ensuring your loved one's affairs are in order, an estate-planning lawyer is an asset.

Lawyers who are adept in estate planning can help with the following:
Writing wills and trusts: few people realize that, if you are the beneficiary or otherwise listed anywhere else on the will, you cannot sign the will as a witness. This fact is one of the biggest reasons why wills become invalid. Keeping all the documents in order, ensuring they follow the law, and making sure all the signatures are legal are some of the many tasks your estate-planning lawyer will handle. Your estate-planning lawyer will also conduct all updates to your wills and trusts as life changes occur.
Establishing a power of attorney: there are a few different types of powers of attorney, and several reasons why there are differences. This is a confusing reality, particularly if you're in the middle of a crisis situation. Your lawyer specializing in estate planning will tell you which type of power of attorney is necessary, and which is not. It is very important that you have all the proper documents in order and everything is in place in case there is an emergency.
Retirement planning: the sooner people plan their retirement, the better. Gone are the days of depending on various government benefits to see us through during our golden years. Instead, we must plan in advance. Few people realize estate-planning lawyers play an integral role in retirement planning. Your lawyer will work with your financial planner and other professionals to ensure your plan is properly put together.

Don't be frustrated if your loved one doesn't want to hire an estate planning lawyer. This isn't an uncommon reaction because, often times, individuals believe the end of their days are near and that they're going to lose control of their property, and they are not going to be able to make they're own financial decisions any longer. Reassure them that this is not the case, and they will still have full control over all decisions regarding their estate until there is medical need calling for alternate decision making through a power of attorney. Make sure they are also part of the decision making process because it is, after all, their estate in question.

Before making your final decision as to who to hire as your estate-planning lawyer, hold many interviews with lawyers in order to ensure there's a good rapport and the credentials you want to see are in place. Remember, you are going to be working with this lawyer for a long period of time, as well as their associates, so you must be able to establish a good working relationship with them. If you feel like you can't get along with them during the interview, contact additional lawyers until you feel confident you've made a good long-term decision.

Mike Henley is an associate in the corporate commercial group at the Guelph Lawyers office for Miller Thomson LLP. If you need to hire an Estate Lawyer, Mike is professional, personable to deal with, thorough, and is backed by a highly sought-after and reputable firm, so that you can be sure your needs are well taken care of.

Is It Time for Your Community Association to Audit Its Governing Documents?

AppId is over the quota
AppId is over the quota

In other posts we have discussed a homeowner association's governing documents. Many communities were established 20-40 years ago with governing documents that worked well for the developer, and for the most part the community association. However, many of these governing documents are outdated. Virginia and federal laws pertaining to community associations have changed substantially. If your board of directors has not engaged in an audit of your communities governing documents in the past 5-7 years, it should.

What is an "audit" of our governing documents?

An "audit" of your documents is an in-depth review by your HOA's board of directors in conjunction with your association attorney. The Board reviews each document noting any sections that lack clarity, are no longer enforced, appear to not apply to your community, protect a long-gone developer, or do not provide the association with adequate remedies. The Board prepares a list of concerns or issues facing the community, such as homes that are not being maintained, large amounts of delinquent assessments, or enforcement capabilities of the association. The Board provides this information to the association attorney.

When should documents be amended?

Although there are many reasons for amending documents, these 7 reasons are the most common:

1. The documents do not comply with Virginia or federal law.

The board of directors for a community association are volunteers. Documents that do not comply with the law create difficulties an expense for a community association. Board members read the documents and determine that they should be enforcing a covenant, only to find out that the covenant has been preempted by a change in the law. Rather than require constant attorney involvement to interpret and advise the association on whether provisions of the documents have been changed by new legislation, amended documents that comply with the law permit a board to fulfill its duties without continued and constant attorney involvement.

2. The documents include declarant/developer language.

Once the developer/declarant period is over, the board should consider removal of the provisions regarding developer/declarant rights. Most of the provisions containing developer/declarant rights are likely no longer relevant and may cause confusion among owners. Removal of these provisions provides clarity in the document and often can result in a substantial decrease in the number of pages of your documents.

3. The documents contain high quorum percentages for meetings or difficult requirements for amending the documents.

Many associations are faced with apathetic owners. Reducing quorum requirements permits an association more flexibility in conducting business. Reducing quorum requirements encourages owner participation because the owner who wants to vote "no" on an issue can choose not to come to a meeting, and effectively, the "no" vote is exercised by not participating. Increased quorum requirements make it necessary for the owner to participate in the meeting in order to register their "no" vote. Amending documents should not be a daunting process. Communities need to be prepared for change. Amending documents should be efficient and possible. Reducing the percentage required to approve an amendment makes our communities more viable for the future.

4. The documents require approval by mortgagees.

Although this requirement is still necessary for condominium communities to permit financing through government guaranteed loans, single-family communities no longer require mortgagee approval. In our ever-changing mortgage world, non-condominium communities who want to consider removing mortgagee requirements may also want to consider authorizing the board of directors to make changes to the documents if necessary for government guaranteed loans.

5. The documents only permit the association to enforce the covenants and rules by filing a lawsuit.

Filing a lawsuit is the most expensive enforcement remedy available to an association. Amending the documents to permit assessing charges in accordance with Virginia's Condominium Act or the Property Owners' Association Act permits less-expensive enforcement by the association. Associations should also consider adding provisions that permit the association to "self-help" in certain situations. Abandoned homes that are neglected and in disrepair have plagued some communities. Permitting the association to correct the deficiency and assess the costs against the owner is more efficient and less expensive than a lawsuit.

6. The documents include unrealistic caps on increases in assessments.

All communities want to keep the assessments low. However, the reality for some communities is that they are unable to pay necessary operating expenses and adequately fund reserve accounts because the documents restrict how much assessments can be increased. Amending the documents permits the association to remove antiquated caps and replace it with a cap that permits appropriate budgeting by the association.

7. The documents include strict limitations on the types of construction materials permitted in the community.

Construction materials of today have changed. Providing flexibility in the documents to permit the use of new materials is not only owner-friendly but also may provide a substantial cost savings to the association for its responsibilities.

Amending your association's governing documents does not have to be a daunting task. Communication and a well-planned, efficient process with your HOA attorney is the key to successful amending.

Susan Bradford Tarley
Tarley Robinson, PLC
Williamsburg, VA
Blog.TarleyRobinson.com

Real Estate Litigation 101: Quiet Title Actions and Defaults

AppId is over the quota
AppId is over the quota

Quiet title actions in California are unique in that the California Code of Civil Procedure does not allow a real estate attorney to get a default judgment in a lawsuit.

What Is A Quiet Title Lawsuit?

Real estate attorneys bring quiet title lawsuits in order to resolve disputes over ownership of all or part of real property, including neighbor boundary disputes. These lawsuits can also be used to correct errors in a property's chain of title, even though there may not be a dispute over the ownership of the property.

An Attorney May Not Seek Default Judgment In An Action.

However, many real estate litigation attorneys and even judges are unaware of a requirement of Code of Civil Procedure that the court may not enter a default judgment in a lawsuit. Instead, the court must hold a hearing to hear testimony regarding the case. Code of Civil Procedure section 764.010 states, in part, that "The court shall examine into and determine the plaintiff's title against the claims of all the defendants. The court shall not enter judgment by default but shall in all cases require evidence of plaintiff's title and hear such evidence as may be offered respecting the claims of any of the defendants."

Because many judges are unaware of this provision, it is incumbent on the real estate attorney to notify the trial court that such a hearing is required.

A Defaulting Defendant May Still Appear For A Default Hearing In A Quiet Title Lawsuit.

Moreover, in a recent California Court of Appeal ruling, the appellate court held that the plain language of the statute allows a defendant to participate in the hearing, even if that defendant has not appeared in the case. In Harbour Vista, LLC v. HSBC Mortgage Services, Inc. (2011 WL 6318525 Cal.App. 4th Dist. 2011), the appellate court held that the trial court did not have the authority to enter a default judgment in a case and, additionally, that statute obligated the court to hold an evidentiary hearing in open court in which both plaintiff and defendant could participate.

"The Legislature has not left anything to the imagination about whether a trial court can enter a default judgment in an action. 'The court shall not enter judgment by default' is unequivocal," said the appellate court. "Once a judgment on any grounds becomes final, it is good against the entire world as of the time of the judgment. There is, for all practical purposes, no going back. Given the frequency with which actions involve real property-which is recognized as unique-it is understandable that the Legislature would want to take every precaution to assure title is adjudicated correctly. These precautions could reasonably include allowing a defendant having some claim to the property to present evidence, even if it has been dilatory in responding beforehand."

Quiet Title Default Hearings Require A Hearing In Open Court

The appellate court also considered whether the uses of the words "hear" or "hearing" require oral argument. Although other cases have found that this is not always the case, the court in this case held that a judgment requires a hearing in open court.

In the event that the court holds a properly noticed evidentiary hearing and no defendant turns up, then the court renders judgment in accordance with the evidence and the law based on what it has before it.

California real estate attorneys who handle quiet title lawsuits should be careful to educate the trial court about the requirement of having a hearing in open court with witnesses in order to establish quiet title over real property. If these rules are not followed, the default judgment easily gained is then easily lost.

Real estate attorney Los Angeles: Laine T. Wagenseller specializes in real estate litigation in Southern California, including quiet title lawsuits. To read more articles on real estate and business litigation, visit http://www.wagensellerlaw.com/. To contact Mr. Wagenseller, call (213) 996-8338 or email to ltw@wagensellerlaw.com.

How Do I Sell My Home "For Sale, by Owner"?

AppId is over the quota
AppId is over the quota

There are generally two ways to go about selling a home: using a licensed realtor or "for sale, by owner." Many home-sellers choose to use the expertise of a realtor to list their property for sale, prepare the property for the market, negotiate a deal, and bring the deal to closing. An experienced and knowledgeable realtor can offer valuable insight and professional support and advice throughout the sales process. Of course the representation of a realtor comes at a cost, which is generally a commission on the sales price of the property.

In order to avoid a realtor's commission, some sellers decide to sell their property "for sale, by owner." By choosing this route, the seller foregoes the support and advice of a realtor and elects to carry out the necessary steps to sell the property on his own behalf.

Once a home-seller has negotiated the general terms of the sale with a prospective buyer, there are two steps to bring a sale to completion: Execution of a real estate purchase agreement and bringing the deal to closing.

In order to sell and purchase the home, the seller and purchaser usually begin by executing a purchase and sale agreement. The agreement sets out the terms of the deal. What is the purchase price? Who pays the real estate taxes due on the property? What happens if one of the parties breaches the contract? These and other issues should be addressed in the agreement so that the intentions of the parties are clearly expressed and understood. The agreement may also contain certain contingencies that must be fulfilled before the parties are obligated to proceed with closing, which might include the buyer's examination of title, the buyer's inspection of the property, and the buyer's procurement of financing for the purchase. Finally, the law may require certain disclosures at the time of the execution of the purchase agreement, such as a residential disclosure form or a lead paint disclosure.

Once the agreement is signed, the parties begin to work toward closing. In between signing the agreement and closing, the parties will take whatever actions necessary to fulfill any contingencies under the agreement, such as title work, inspection, security of financing, and so on. Assuming that all of the contingencies can be fulfilled to the satisfaction of the parties, the deal will go to closing. Closing is usually administered by a closing agent, who may be a bank representative, a lawyer, or a title professional. At closing, the purchase price is paid to the seller, and the seller delivers a deed to the buyer. Any expenses arising from the transaction are also paid, such as attorneys' fees, real estate taxes, title insurance premiums and costs, and recording costs. Other documents are also reviewed and executed by the parties, including a note and mortgage if the buyer is financing the purchase, a closing statement showing the purchase price and the allocation of expenses paid, and tax-related documents. At the conclusion of closing, the buyer owns the property and seller accepts payment of the purchase price.

It is important for someone considering the sale of his home "for sale, by owner" to realize that while a realtor's commission on a sale can be avoided, the seller should consider seeking professional advice and representation in negotiating and drafting the purchase and sale agreement and preparing and reviewing closing documents.

Adam J. Farrar | Van Haaften & Farrar | Attorneys at Law
201 Main St., Mt. Vernon, IN 47620
Phone: (812) 838-1400
adam@vhflawyers.com

NRI Property Issues

AppId is over the quota
AppId is over the quota

Purchase or buying of immovable property

The general permission states that an NRI and a PIO can purchase property in India which is immovable. But they hence cannot buy commercial or residential land. If a person has bought a farm house when he was a resident Indian then he can continue to keep the property without any permission. Properties can be bought without restrictions.

Payment cannot be done through the traveler's cheque or by foreign currency but can be done through NRE/FCNR and through NRO account.

Sale of immovable property

NRIs can sell property in India to

· A person resident in India; or

· An NRI; or

· A PIO

PIOs can sell property in India to

· A person resident in India; or

· An NRI; or

· A PIO or a NRI can sell his land to a resident Indian or a citizen of India. The land can be whatever like agricultural land or residential land etc.

Inheritance of immovable property:

Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan's citizens should seek of Reserve Bank's prior approval for inheriting immovable property in India. NRIs and PIOs can hold immovable property and inherit in India from a person who is resident in India. General permission is available to the NRIs/PIOs to repatriate the sale proceeds of the immovable property inherited from a person resident in India subject to the following conditions:

(i) USD one million is the limit per financial year. In support of acquisition / inheritance of assets and an undertaking by the remitter and certificate by a Chartered Accountant in the formats prescribed by the Central Board of Direct Taxes vide their Circular No.4/2009 dated June 29, 2009 is subject for production of documentary evidence.

(ii) In deed of settlement made by either of his parents or a close relative (as defined in section 6 of the Companies Act, 1956) and the settlement taking effect on the death of the settler the original deed of settlement and a tax clearance / No Objection Certificate from the Income-Tax Authority should be produced for the remittance

(iii) Remittance of all such installments shall be made through the same Authorized Dealer Where the remittance as above is made in more than one installment.

Acquiring immovable property by Gift, Settlement etc.

NRIs and PIOs can freely acquire immovable property by way of gift either from

· A person resident in India; or

· AN NRI; or

· A PIO

NRI / PIO may gift residential / commercial property to

· A person resident in India or

· An NRI or

· A PIO

Lease of Immovable Property

The rent can be remitted abroad or credited to NRE / NRO account.

NRI/PIO can rent out the property without the approval of the Reserve Bank. Powers have been delegated to the Authorized Dealers to allow repatriation of current income like rent, dividend, pension, interest, etc. NRI/PIO who do not maintain an NRO account in India based on an appropriate certification by a Chartered Accountant, certifying that the amount proposed to be remitted is eligible for remittance and that applicable taxes have been paid/provided for.

Mortgage of Immovable Property

NRI / PIO can mortgage a residential / commercial property to

· Without the approval of Reserve Bank an Authorized Dealer / Housing Finance Institutions in India

· With the prior approval of the Reserve Bank a bank abroad.

What You Need to Know About Lease Extension and Mortgages

AppId is over the quota
AppId is over the quota

If you live in a property that is a leasehold, rather than freehold, and are seriously contemplating selling up, there is a very important issue that you need to bear in mind.

This is the length of time remaining on your lease. At first glance, especially if there are a number of decades left to run on the lease, this may not appear to be a problem. However, it is most likely that your buyer will be looking to take out a mortgage on your property; therefore, a leasehold or lease extension may be necessary if, as with most people, they need to take out a mortgage to buy your property.

Having carried out research on all the main banks and building societies in England and Wales with regard to mortgages and leasehold extension, it is quite shocking to see what the majority of these lending institutions require if and when they are able to offer buyers a mortgage on a leasehold property. As the majority of mortgages run for a period of 25 years, you would think that this would be the minimum term required to run on the lease, but this is definitely not what happens in reality.

Research reveals that the vast majority of lending institutions require a period of at the very least 55 to 60 years to run from when the mortgage commences. However, there are some lending companies that go way beyond this: in fact, one mortgagor required a minimum of 70 years left to run on the lease before even considering granting a mortgage. Furthermore some lenders have even dropped out of the market in lending on leasehold property entirely. This is where you may well need to seriously consider if you need to extend a lease.

You also need to be aware that lease extension is always more expensive once the remaining period to run falls below 80 years. This is because when any lease drops below 80 years, an additional premium [which is known as the "marriage value"] has to be paid to the landlord, on top of usual fees, in order to extend a lease.

If there is a period of less than 60 years to run on your lease, you may well encounter problems when it comes to selling your property. From the outset, the estate agent entrusted to sell your property is highly unlikely to point out the issues connected with leasehold properties. They tend to solely focus on the sale and steer clear of getting involved in such pertinent matters. In fact it's quite remarkable how few estate agents know anything about leasehold extension.

It is not until a sale is subject to contract that this issue may rear its ugly head. The last thing you want is for a sale to fall through at this stage - but this is entirely possible if you fail to look into lease extension.

If you need help in order to get a Lease Extension then speak to Bonallack & Bishop. If you want specialist advice from a Leasehold Extension Solicitor contact them today. Senior Partner Tim Bishop is responsible for all major strategic decisions.

A Personal Perspective On Lease Extension

AppId is over the quota
AppId is over the quota

I am the owner of a leaseholder property. I have owned the lease for 3 years now. People have begun to ask me whether or not I have thought about getting a lease extension.

Whilst not all people had their facts correct, in this regard, one main point seemed to be filtering through: the fact that it is always best to have as long a period to run on the lease as possible. Moreover, the better-informed friends of mine seemed to be suggesting that the cost to extend a lease will increase the longer I leave it.

Having concluded that this was definitely worth looking into, I decided to take the matter further and approached a specialist lease extension solicitor. It turned out to be the best thing I could do. My chosen solicitor ran through all the pertinent points that I need to bear in mind, when looking to extend a lease. They set out the order of procedures that could be expected along the way; including when and where certain other factors may become involved (e.g. if the landlord were to disagree with the suggested valuation for the lease).

My solicitor also made it clear that a specialist lease extension surveyor would be responsible for putting the main offer together, which in turn, would be forwarded onto the landlord for their consideration. My solicitor even put me in touch with a specialist surveyor. Unfortunately, the landlord found issues with the first offer and sent back a counter-notice for us to respond to. My lease extension solicitor had all of this in-hand and reminded me of the fact that this very eventuality was set out to me in the first consultation.

The surveyor and lease extension solicitor seemed to work together very well on this counter-notice; in fact, they managed to get the landlord's quote down quite considerably from what they were asking for. I was quite sure, at that time, that I would not have had the know-how to negotiate such a good deal and this made it clear to me why professionals need to get involved with lease extension.

After a little more to-and-throwing, the lease extension paperwork was finally put together and the solicitor took some considerable time in running through all of the details. They explained that when you extend a lease, there is legislation in place that must be adhered to for the whole process to be completely legal and above board.

The solicitor also stressed that had I left extending my lease for just a few more years, when there would be less than 80 years left to run on the lease, this would have presented me with a much more substantial cost to renew. I think they said something about a 'marriage value', but as this was not applicable to me at the time, I didn't take too much notice. Obviously, I much preferred to just pay what I had to, to extend my lease.

If you are considering getting a Lease Extension then speak to Bonallack & Bishop. If you want more information then contact their specialist Lease Extension Solicitor today. Senior Partner Tim Bishop is responsible for all major strategic decisions.

Do You Own Your Minerals?

AppId is over the quota
AppId is over the quota

You own property and you have been wondering whether you own the minerals under your property. You have options in this endeavor and you do not have to go through the process that I will outline below. The options you have to determine the ownership of your minerals include hiring a contract oil and gas landman, oil and gas attorney, or a title company to run a full surface and mineral abstract; or, you can check the real property records for yourself. You may find that you are just as competent to determine this as any of those previously mentioned.

First, determine which county your property lies within. This may be determined based upon the county from which you pay the property taxes. After determining which county your property is situation within, you will go determine where the county seat for that county is. You can determine this by searching Google for the "county clerk office real property records of _________ county, _(State)__".

Once you determine where the real property records are kept for your county then you will make several day trips to this location. It is a day trip because this process will likely take you several days to accomplish but you will gain a wealth of knowledge on this expedition. You will first take a trip to the County Tax Assessor and obtain a printout of the tax information for your property. This will give you a "legal description" for your property that you will then use to make sure your search in the real property records remains on track.

Now, you will go to the clerk's office where they house the deeds, leases and other recorded instruments. You will ask the clerk to give you a tour and let them know that you are going to research your mineral rights. These poor clerks have visitors every day that barge into the office demanding the clerks to tell them whether they own their mineral rights. The clerks cannot give legal advice and cannot search records for you but they will all be happy to tell you where everything is located, how the books are distributed and where the search index will be located.

There are, in most courthouses across this great land, two sets of books - a Grantor (seller) book and a Grantee (buyer) book and each property transaction is listed in both. The deed will be indexed by date. When a sale takes place, or a lease for oil and gas, the deed (instrument) will be recorded in the courthouse in both indexes by the name of the Grantor who sells and in the Grantee under the buyer's name.

You will begin by looking for your own name in the index list. Recall when you purchased your property in the Grantee (buyer) index and then go pull the book where that instrument is recorded. You can make a copy of this "public" record with a camera on your phone, etc, or you can ask the clerk how to make a copy of the instrument. (You will not need a "certified" copy for your records) You now have your starting point.

Note the seller's name on your deed and then go back to the Grantee index and search back in the Grantee index to determine when and how the seller in your deed purchased the property. Continue following the "chain" of title back in time until you get back to about 1900. Nearly all reservations of minerals were after the year 1900.

It is important for you to now follow the line back forward to make sure that a seller did not sell the minerals in a separate transaction. By this I mean that hypothetically speaking Mr. Brown bought your property in 1970 and sold to Mr. Jones in 1980. But, in 1974 Mr. Brown conveyed a mineral deed for all the minerals under the property to Mr. White. Now the minerals are severed from the surface and if you only look at the conveyances you may miss the severance of the minerals. So, be sure to check by running the title back and then forward again to be sure your records are complete. In my next installment I'll tell you how Deeds of Trust, Oil & Gas Leases and Releases are figured into this equation.

Cliff Williams
Attorney at Law - State of Texas

http://www.bcwilliamslaw.com/

This information is not intended to substitute for the advise of an oil and gas attorney in your particular jurisdiction and this information is generally applicable and not intended to create an attorney/client relationship.

Foreclosure Defense Attorneys: 6 Questions To Help You Spot Value and Choose Wisely!

AppId is over the quota
AppId is over the quota

Don't Be Fooled By Imitations! These days, consumers are bombarded with information regarding available mortgage relief programs and how to find legitimate legal representation they can trust. Most of the "loan modification" companies have been eliminated by both state and federal legislation which prohibit non-attorney representation for distressed homeowners.

Accordingly, consumers should feel safe as long as they are getting assistance from a law firm, right? Well, not exactly. Not all "law firms" are the same, and the differences in the services they offer can mean the difference between saving your home with affordable payments and losing it to foreclosure. These days, many "law firms" that are helping homeowners are nothing more than loan modification processing centers operating under an attorney's name. The vast majority of the case work is performed by the attorney's staff, usually retrained mortgage underwriters, while the actual attorney has little or no involvement in the process.

So how can consumers distinguish the difference between top shelf attorney representation and a loan modification company cleverly disguised as a "law firm"? Well, it is not easy, but there are some things you can do. The first rule of thumb is simple. IF YOU ARE NOT PERMITTED TO SPEAK TO THE ATTORNEY BEFORE CONSIDERING AN AGREEMENT FOR SERVICES, DO NOT EVEN CONSIDER DOING BUSINESS WITH THEIR "FIRM".

Once you are able to actually speak to an attorney from the firm, make sure that the firm you are working with has an attorney that is licensed to practice law in your state and in good standing in your state's Bar Association. Next, and perhaps most important, read the retainer agreement that you will be required to sign in order to obtain services. Many of the imitations use a "Pre-litigation" agreement with a very limited scope of service. In other words, they will not perform any functions beyond the basic functions of negotiating a loan modification with your lender. If the lender is unwilling to work with them, they simply will not have the resources to formulate a skilled legal defense to protect your interests during a foreclosure. This becomes especially problematic in a judicial foreclosure state where foreclosures are handled through the court system.

Top shelf attorney representation will include attorney representation to answer any complaints and motions through the court, attend any mediation hearings, and represent your interests during the entire negotiation process. Equally important is the review of your case before entering into any agreement for services. An ethical foreclosure defense attorney will want to review the detailed facts of your situation to determine the viability of your case and the likelihood of achieving success in reaching your desired outcome before considering an agreement for services.

So, you should only hire an attorney that you can speak to directly and that can answer "Yes" to the following questions.

1.) Are you licensed to practice law in (your state) and in good standing with the state bar?
2.) If my lender files for foreclosure through the court system, will you be answering the complaint and making an appearance on my behalf in necessary?
3.) Will you be responding to all matters involving the court, including timely filings of answers and motions?
4.) Will you appear on my behalf for any mediation hearings that I am required to attend?
5.) Will you fight to represent my interests until we have reached a lasting solution?
6.) Will you need to review my case information before making a decision to represent me?

If the attorney you are considering can answer "yes" to all of these questions, you are probably dealing with a firm that offers top notch legal representation and not just another loan modification company. These days, people need the best representation available when it comes to protecting their homes. Making the right foreclosure defense attorney selection can be the difference between keeping your home and losing it to foreclosure.

The author is an authorized agent of the Law Office of Matthew E. Ludt, LLC who has been assisting homeowners on the front lines of the mortgage crisis since 2007. Her website can be found at http://www.meludtlaw.com/.

Will A Commercial Rent Increase Lead To An Unwanted Tax Bill?

AppId is over the quota
AppId is over the quota

Dealing with commercial rent reviews can be a stressful time for both the landlord and the tenant, but unfortunately there is no escaping, as stress is a common bi-product to nearly all lease negotiations! If you are a Tenant and have recently experienced a rent increase under your rent review, you will be aware of the stresses of the process. Unfortunately though, the related stresses do not stop once the rent has been agreed.

As a commercial property solicitor with many years experience of providing advice and guidance to commercial tenants in England, I have witnessed the high stress levels created through not only difficult negotiations, but also the odd spanner in the works that can arrive from the most unexpected places. In this article I look at the wider implications of how a rent review could impact on your business.

Did you know you could also be liable for SDLT (Stamp Duty Land Tax) if your rent has increased?

If your commercial lease started after 1st December 2003 and the HMRC (Her Majesty's Revenue and Customs) considers the rent increase as abnormal, you may find that you need to file a return in the following circumstances: -

- If there is a rent review during the first five years of your lease and the annual rent has increased
- If there is a large increase (i.e. over 5%) in the rent after the first five years of the term
- If the rent is varied by a deed
- If you stay in the property at the end of the Term without formally renewing your Lease

It is essential that you remember that it is your responsibility to ensure that you comply with the Stamp Duty Land Tax obligations and failure to do so could result in a financial penalty. No doubt you'd agree that in these difficult economic times the last thing you'll want is an unexpected tax bill.

What can you do?

Well, first and foremost I would say "Don't panic". It is important to get professional advice at the start of the lease negotiating process. By doing so, you can avoid any pitfalls as well as enable you to carefully plan ahead. By getting professional guidance early on, it is possible to save you money in the long run and protect your business from unexpected bills either from your landlord (repairs) or indeed the tax office!

If you are concerned that your rent increase could attract Stamp Duty Land Tax liability, or even if you would like to discuss any aspect of your lease then DLH Solicitors Lancashire can help. Dominic Hester of DLH Solicitors is based in Clitheroe, Lancashire and provides commercial advice throughout England and Wales related to commercial property.

Turkey Will Revise Its Reciprocity Law to Boost Foreign Direct Investment in Real Estate

AppId is over the quota
AppId is over the quota

In 2002, Turkey opened its real estate market to foreign nationals. Prior to 2002, acquisition of real estate in Turkey by foreign nationals was not permitted. When the government passed the bill in 2002 allowing foreign nationals to acquire property in Turkey, necessary ticks and checks that should have been in place were not implemented.

It gave rights to most foreign nationals to purchase property in pretty much all areas of Turkey with very little restriction as to region and size, including areas of national importance and cultural heritage. The government came under a lot of pressure in the years leading up to 2006, mainly by opposition voices. These voices, it could be argued, were not all biased either.

The existing law resulted in Turkey's neighbours purchasing land in Eastern and South Eastern Turkey around Turkey's water and energy reserves from mainly farmers, who could easily be persuaded to sell agricultural and non agricultural land at well below market value. Turkish government found this not to be in best national interests of the country and suspended the law allowing foreign nationals to purchase in Turkey. They sent some confusing messages to the global market, however, the revised law was later published in 2007 with restrictions on foreign nationals purchasing property in Turkey.

The current law allows most foreign nationals to buy real estate in Turkey except for nationals of those countries, where Turks can't buy real estate. This is mainly Middle Eastern countries, some ex-Soviet republics, including Turkic Republics of Russia. In addition, current law imposes some restrictions as to where and how much land foreign nationals can buy.

The size restriction is pretty generous, close to twenty thousand square meters, therefore most Turkish holiday home buyers need not worry about that. However, some larger scale investors would need to set up a limited company in Turkey (foreign capital Turkish company) so as to purchase such large lots of land in Turkey. The current law also prevents foreign nationals from purchasing land and property in rural areas in Turkey, this is outside Town municipalities, townships. In other words, most agricultural land is beyond limits for foreign nationals. Similar to size restriction, a foreign national can purchase via a Turkish limited company, This is legal and indeed suitable for large-scale investors, who will use the land and property for commercial purposes.

The new revised law to be published in early 2012, will do away with reciprocity law. This will have no implications for EU, US, Canada nationals and a few others, where Turkish citizens can purchase real estate, however, it will have major implications for most Middle Eastern nationals, who can not purchase in Turkey. This, of course, will have an indirect impact on other investors too. Middle East has become a major market for Turkish real estate.

Istanbul apartments, Istanbul hotels and land in Istanbul in particular is exceptionally appealing to the better of Middle Eastern buyer. The better off Middle Eastern real estate investor, who traditionally would focus on New York, Paris and London have now added Istanbul on to their real estate shopping list. The current restriction discourages most of them, however, government statistics show that with the revised law there will be a major gold-rush for property in Turkey from the Middle East. Istanbul will attract majority of the investment for sure, however, coastal resorts are also under the lens of the Middle Eastern lifestyle seekers, who find it difficult to achieve the social structure and way of life in their home countries.

Turkey property investors should get in before prices of prime real estate in Istanbul and coastal resorts such as Bodrum, Kalkan, Gocek increase sharply due to demand from the Middle Eastern like Londoners for sure have experienced in central London since 1980's. The same trend is about to hit Istanbul and few other resorts in Turkey.

Property in Turkey by PLACE OVERSEAS of UK - http://www.propertyturkeyforsale.com/ - No one knows Turkey like we do.

Security Deposits in California - Landlord Tenant

AppId is over the quota
AppId is over the quota

The Law on Security Deposits in California
Landlord - Tenant

I get a lot of questions in my San Diego practice about giving or getting a security deposit back. Unfortunately, the questions usually don't get to me until well after the law requires they be addressed. To start with, let me explain what the landlord is allowed to use security deposits for in California.

In California, a security deposit can only be used for four things:

unpaid rent,cleaning the rental unit when the tenant moves outrepair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests; andIf the lease or rental agreement allows it, for the cost of restoring or replacing items of personal property (such as keys and furniture), other than because of normal wear and tear.

California Civil Code section 1950.5 addresses security deposits. It provides, in part, that upon either party notifying their intention to terminate the tenancy, that the landlord shall notify the tenant in writing of his or her option to request an initial inspection and of his or her right to be present at the inspection. This means that after a tenant gives notice or when the landlord gives the 30 or 60 day notice, then both parties should be thinking about scheduling an inspection.

The inspection should be scheduled no earlier than 2 weeks prior to the tenant moving out. I could summarize what the code says about scheduling the inspection, but sometimes it's just easier to quote the language exactly. It provides that "If an inspection is requested, the parties shall attempt to schedule the inspection at a mutually acceptable date and time. The landlord shall give at least 48 hours' prior written notice of the date and time of the inspection if either a mutual time is agreed upon, or if a mutually agreed time cannot be scheduled but the tenant still wishes an inspection. The tenant and landlord may agree to forgo the 48-hour prior written notice by both signing a written waiver. The landlord shall proceed with the inspection whether the tenant is present or not, unless the tenant previously withdrew his or her request for the inspection.

Don't forgo the inspection! The inspection allows the tenant to identify any problems the landlord may find and hold the tenant responsible for. There may be rights and responsibilities under the lease that the rental agreement that are not met, and the security deposit may be used for those. Go through the dwelling with a camera and document everything.

After the inspection, the landlord is required to give the tenant an itemized statement detailing any required repairs or cleaning. The tenant can then cure the defects prior to moving out in order to assure getting the deposit back. After making any repairs, make sure to document it with pictures and keep any receipts.

Within 21 days of moving out the landlord is required to either give you a full refund, or an itemized receipt for all deductions. If he doesn't refund the money or give you an itemized list within the 21 days, then the landlord loses the right to withhold any part of the security using 1950.5. The landlord can bill a reasonable hourly rate for his labor in making any repairs himself. The landlord is still allowed to deduct for any of those 4 items listed earlier for any problems that may develop between the initial inspection and moving out. So if a window gets broken on moving day, the deposit will be used to make the repairs. If the deposit isn't returned after the 21 days, then the tenant will have to file an action in small claims court to recover the money. You can find more important information on San Diego Eviction Center under the unlawful detainer tab on the navigation menu.

By: Scott Rights, Esq. RIGHTS & HAND, Attorneys at Law

Scott Rights, Esq.
RIGHTS & HAND, Attorneys at Law

Landlord Tenant, Asset Protection, Estate Planning
619-356-1529
http://www.sandiegoevictioncenter.com/

Real Estate Lawyers Do More Than Read Papers

AppId is over the quota
AppId is over the quota

It doesn't matter if you're buying your first house or investing in the property market, you need a real estate lawyer to see you through the legalities of purchasing a property. Since you will be spending a lot of money on your new home or investment property, it may be the largest investment of your lifetime. You don't want the fine print to crash your dream and lose your property.

That's what can happen if you don't have a real estate lawyer to check things over for you, unless, of course, you have knowledge of the industry. When it is a seller's market, negotiating a good deal may be difficult, and it is advisable to have a lawyer review the agreement of purchase and sale before the deal is firm. This will ensure you are fully aware of the deal you are making and avoid unintended consequences.

A realty lawyer really does more than read the paper work. They likely know more about the law than you do, unless you're a lawyer. They also check to see if the fees are appropriate, since you'll be likely be spending more than $100,000 on a property. It's a large investment to lose because you didn't want to spend even more on a lawyer.

Your lawyer will also conduct a title search of the property you are purchasing. That means they check to see if there are any liens, easements or covenants against the property you're buying. If there are, they can handle all the legalities of preparing the documents and doing the research.

If you require financing, your lawyer will also work with the bank or the financial institution to prepare the necessary paper work to register the mortgage. Your property lawyer normally reviews the terms and conditions of the mortgage with you. Your lawyer will also arrange for title insurance and attend to the closing. All paperwork will be reviewed prior to closing.

A lawyer will also arrange for the transfer of security deposits and prepare all the legal documents. Since they are your lawyer, they can also see to your wills, property sales, and sale of assets. If they don't do it for you, then they will direct you to a lawyer that will work with them to cover all contingencies should something happen to you along the way.

The object of a real estate lawyer is to make sure you're fully covered on the legal aspect of buying a property. There is quite a bit to know and look out for when you purchase property. They will also explain anything you don't understand so you know what you're getting into when you sign the papers on your first purchase of real estate.

Mike Henley is an associate in the corporate commercial group at the Guelph Lawyers office for Miller Thomson LLP. If you are buying or selling residential or commercial property in Guelph, and need a Real Estate Lawyer in Guelph, Mike is personable to deal with, thorough, and is backed by a highly sought-after and reputable firm to help make sure that your closing goes smoothly, is error free, and is on time.

What Are Property Records?

AppId is over the quota
AppId is over the quota

A property can be a house, a piece of land, or an establishment. The details of a property can be seen on its record. Property records are files with reference to a real estate. They show basis of ownership and show transactions in which the land was transferred from a previous owner to the new one. For instance, a property record can show that a father transferred ownership of a piece of land to his son. Records can also show transfer of possessions ownership through a sale. These transactions are put on a record. Otherwise, the transaction may be bogus.

Where do you find these property information records? Basically, these documents are kept at local or district headquarters. These public offices come in various names in different countries. You may check out your local Department of Records. You may also see if there are documents at the Clerk of Court. These offices may provide centralized storage for property papers. These offices may provide information on the land as well as the taxes or legal claims on it.

There are various types of these documentations. One is called deeds, which are the records of a sale of land, which involves the transfer of ownership. The transaction is completed once the new owner gets hold of the evidence showing new ownership. The deed, on the other hand, will be sent to the records office. At the records office, the deed becomes a public document. It can be summoned for legal purposes. Of course, the new owner will have a copy of this document. In many cases, both the previous and new owners should have a copy of the deed.

Another type is a mortgage will, which is prepared when a territory is for sale, but the payment is in partial and installment schemes. The mortgage will state who the mortgagor is and how much is still owed. On the other hand, the mortgagee is usually a bank or a lending institution, although, there are cases when the mortgage holder is an individual. Like a deed, a mortgage will become a public record and should be filed at the records office. Other information can be seen on the mortgage will, such as a zoning violation or unpaid taxes.

Since any property documentation is public, anyone can see it. Generally, these papers can be accessed on the internet. This is an issue for people who are worried about the privacy of the documents pertaining to their assets. Legislators have reasons why they should be public. One is that it prevents people from acquiring property by illegal means. Public papers dissuade people from having hidden belongings. At the same time, these public possessions are used for references when settling disputes and court cases involving them. Also, information seen in property records is important in validating the sale or transfer of ownership of a specific land.

Accuracy and consistency of the property information is necessary. Lawyers can determine irregularities, which can cause problems in the future. In the case of land titles, there should be no break in the chain of ownership. Taxes paid and loans obtained on the land should be seen in the records.

For more information about property records and other property information, visit our website assetrecord.com.

A Complete Guide on How to Hire the Best Real Estate Attorney

AppId is over the quota
AppId is over the quota

When buying or selling a house, it is always advised that you hire a real estate attorney to help you with all the legal aspects involved. Whether it is your first time purchasing a house or not, a real estate attorney is the best way to get answers to all those questions you find really puzzling. On top of that, he can really help you a lot in negotiating with potential buyers or sellers and bring in a better deal for you. All in all, this professional will help you immensely with all the details involved with the real estate business.

The first step you need to take is of course hiring a real estate attorney. For this, you need to have strong referrals. You can either ask people in your social circle like your friends and family members who might have recently bought or sold a house, if they know someone who is remarkable in this profession. The information you can get from your social circle will be the best. You can get real inside information and those people who have already been through this process will be better able to guide you on what to look out for and how to prepare for it. However, if you fail to get any good referrals from your social circle, the next place to look into is the Bar Association of your state. You can ask them to give you a whole list of all those real estate attorneys working in your area and then even ask them to give you some information regarding any individual professional.

Local brokers in your area will also be able to give you good information about a real estate attorney. You should approach them too and ask them to give you some strong referrals or recommend someone who has a lot of experience and reputation. Another good place to check for information is the local realtors association in your area. They also have a lot of deep information regarding many attorneys. Finally, the last place to check for a list of those attorneys working in your area is the yellow pages. You can easily look up the contact information of any attorney you have in mind and simply call him or her up for an appointment to talk about other issues you have in your mind.

In the end, when you have at least 4 or 5 names with you, you have to start making personal visits. Call them up and start arranging for consultation sessions, which in most cases are free. If an attorney is charging you for the consultation session, ditch him immediately. Make a list of all those questions that are of concern to you and bring that list with you on your appointment so that you do not miss out any important area. The final consultation will really help you decide which real estate attorney to hire.

If you are undergoing issues of land and property and are looking for a good Real estate attorney who will help you in getting your problems sorted out, there are different ways by which you can them.
Click here for Real estate lawyer

Real Estate Litigation

AppId is over the quota
AppId is over the quota

Talking about real estate litigation, it is the routine of finding a legal method to disputes pertaining to real property. Keep in mind that it doesn't really matter whether that particular property is in the stage of 'developed' or not. Often, this kind of litigation arises from disputes at the time of buying, financing, or property development.

Number of attorneys, more so in bigger metropolitan areas usually have expertise in this area and are fully aware of the complicated contracts that are associated with the real estate.

Contracts to buy real estate are one of the most common kinds of litigation. There is a strong possibility that the disputes may occur due to vague language in the contract, or because of the fact that both parties did not the read the contract in a proper manner. In this scenario, any contract breach may be settled out of court. If one party is not in favor of out of court settlement, then there is no other option than to go for a court hearing.

Real estate litigation is also going to happen when there are issues related to construction contracts. In few cases, the contractor and the real estate developer may have an issue regarding the project scope or the finished work quality. If the issue is pertaining to quality, it is the responsibility of a lawyer to gather proofs with the help of an expert. This expert is going to analyze the work and is going to give the comprehensive detail of it to the court.

If the money has already been given according to the contract, then the party concern may need to refund it partially or fully. Conversely, if money has not been given as yet, judge will decide how much one party needs to pay to another party.

When it comes to real estate litigation, financing disputes are pretty much a rarity, but there are cases when it does happen. For example, if two companies decide to share the financing cost and disputes occur, there is a good chance that one company may take the other company to court. If there is a written contract available, court is going to give the judgement on the basis of that. Further, if you are of the opinion that your mortgage lender has not been fair, you can go to the court. For this, you need to take the services of a property attorney.

Buying or selling a home or property in Santa Maria CA, or a Santa Maria foreclosure, or a property on the Central Coast, my goal is to provide you with resources you need. DRE 0131588, NMLS 289430 Gene Perez serving the Santa Maria Real Estate market and surrounding areas.

The Importance of a Real Estate Attorney When You Purchase a Home

AppId is over the quota
AppId is over the quota

Purchasing a home is one of the biggest things you will ever do in your life. And, the actual transaction of the purchase can be very long and complicated. If anything is done incorrectly and mistakes are made, it could result in some serious problems. People have differing opinions about the importance of real estate attorneys, but make no mistake, this is a very important person to hire when you are purchasing a home, be it your first time or your tenth time. As you will see below, there are many steps to be taken when purchasing a home and there are several things that could go wrong. To make sure that you are protected legally and financially, you have to hire the services of an attorney.

The costs of hiring real estate attorneys are different, but budget to pay around $2,000. It may seem like a lot of money, but if you purchase a home for $200,000 you will only be paying around 1% of the price of the home. Also, attorneys generally determine their fees in two different ways; they either charge by the hour, or they charge a flat fee until the sale is closed. So, before you hire an attorney, make sure that you find out how they charge their fees and what services they will be providing you for that fee.

A good way to find an attorney is to talk to an estate agent. They deal with real estate attorneys all the time, because they are in the same industries so the agents will be able to direct you to the most reputable, reliable and professional attorneys in your area. Another point to remember during this process is that real estate attorneys have to be licensed to work in the state in which they are practicing, so make sure that the attorney that you hire has the necessary license to avoid problems in the future.

Why Exactly Do You Need A Real Estate Attorney?

An Attorney y will be able to review your purchase contract/agreement before you actually sign it. If you are purchasing your home for the very first time, then this is a step that you cannot afford to skip. The real estate attorney will also work on your behalf, together with the mortgage loan officer, the real estate gents and the home seller's attorney; to facilitate the transaction and to make sure that everything goes smoothly and according to the law.

The process of purchasing a home involves much legal documentation that is binding. These documents include; bills of sale (for personal property such as furniture), deeds, legal descriptions, mortgage loan documentation, the title and the title insurance policy. It is very important that you have a real estate attorney representing your interests at the closing of the sale. These are all things that can be very complicated and you need someone to assist you at every step of the way, so that you can understand everything and also ensure that your rights and interests are protected throughout.

Some of the problems that could arise for you: The buyer, during the transaction could be the seller leaving unpaid utility bills, condominium assessments and property taxes. The real estate attorney will be able to protect you and make sure that your transition into your new home is as smooth as possible, by protecting your rights as the buyer and making sure that the seller fulfills his/her obligations. If something completely untoward happens during or after the transaction, the real estate attorney will be able to nullify the contract. They can negotiate the expenses of the transaction, and they can change the legal language in the contract.

About the Author:
If you are undergoing issues of land and property and are looking for a good Real Estate Attorney who will help you in getting your problems sorted out, there are different ways by which you can them.
Click here for Real Estate Lawyer

UAE Real Estate Laws and Regulations

AppId is over the quota
AppId is over the quota

The UAE experienced a tremendous building boom up till 2008 when the financial crisis hit. During that period, foreigners wanting to invest in the UAE were plenty. Today, post financial crisis as the market here is recovering, that appetite to buy new property and lease better property is once again on the rise.

UAE and GCC nationals can own property in the UAE. As a foreigner in the UAE, owning and / or leasing property needs to comply with laws and regulations that change from time to time. That said, in Dubai and the UAE, property law is young and is still taking shape.

In the UAE, each Emirate has developed its own laws. For example, to the best of my knowledge, in Fujairah, foreigners cannot buy property. However in Dubai, foreign ownership of freehold real property is permitted. There are "free-zones" within each Emirate designated for specific use. Each zone is a tax-free jurisdiction and has its own rules and regulations. A company established in a free zone can be 100 per cent owned by foreign nationals and may own freehold interests in real property within that zone.

Choosing the right real-estate agent is crucial to getting the right information, price and ultimate deal. A bit of your own research on what is out there, and what you are willing to spend over how long would also be beneficial.

You don't have to be in Dubai to buy the property; it is possible for you to give Power of Attorney to a person to handle all the aspects of the purchase on their behalf but it is advisable that they check all the documentation and ensure that everything is clear before signing the deal.

Legalities regarding freehold ownership by non-UAE nationals and non-GCC nationals are ambiguous, as are the practices and procedures for issuing residence visas to expatriate buyers and their families. Some local banks offer mortgage finance to expatriates wanting to buy property in the UAE. It seems that finance can be arranged through overseas banks if you have assets overseas.

It's in the UAE's interest to allow buyers to own property and therefore there I have read about two new real estate laws that will improve protection for buyers, investors and landlords - and they are as follows: A buyer can request the courts to cancel a contract if the developer 'significantly changes' the agreed specifications, or refuses to deliver the unit without a good reason. Buyers can also seek legal action if developers do not bind payments to approved construction based milestones or the unit is proved unstable due to major structural defects.

The regulations also stop developers from selling off plan units before taking possession, which includes actual control of the land. Leasing accommodation is most common in the UAE. Contracts normally last a year during which the landlords are not permitted to increase the rent, until its time for renewal.

Landlords of leased apartments are normally required to handle the annual maintenance of their property and they are not permitted to evict a tenant without just cause within the tenancy contract time period. All-in-all, the UAE is a great place to live and buy property. However, careful research into laws and regulations in a timely manner is a must.

Kabir Mulchandani
Skai Holdings
Dubai-UAE

My writings are to share my thoughts and opinions, and to engage in a conversation about the property market, entrepreneurship, new books and new ideas about how to change things for the better.

When A Real Estate Lien Works

AppId is over the quota
AppId is over the quota

I am not a lawyer, I am a Judgment and Collections Broker. This article is my opinion, based on my experience in California, and laws vary in each state. If you ever need legal advice or a strategy to use, please contact a lawyer.

In the old days, one of the easiest ways to satisfy a judgment was to record a lien on a judgment debtor's real estate.

When property was increasing in price, refinances and resales happened often enough that one could count on getting paid eventually (usually in full), by recording a lien on the judgment debtor's real estate property.

These days, many properties are underwater, and recording liens on upside down property often ends up being a waste of time and money. Yet, even these days, some properties still sell, and get refinanced.

If your lien is recorded properly, you might get a call or a letter someday. Often the judgment debtor or someone working with them on a loan or a sale, might contact you.

Sometimes they will offer to pay in full, other times they will ask or tell you, to settle for pennies on the dollar, to release your lien.

A promise is only a concept, and you require cash. Usually, you will be asked to sign a "release of lien" form, based on a promise to pay you. The payment should come from an escrow fund. If the money is not coming from an escrow account, be careful.

How can you make sure you will get paid, and how should you handle this situation? Make sure to get paid, before you release a lien, and especially before you satisfy a judgment.

These days, it is a good idea to compromise when appropriate. If they want to pay half, offer 10% off, then negotiate, based on the situation of the judgment debtor. "Know when to hold em, know when to fold em". Try to make the deal work, however try not to get fooled.

If you are told you must take ten cents on the dollar, or else get nothing, ask which of their other creditors are willing to settle for that much.

If you are the only one being asked/warned that you should steeply discount, that might be a warning sign. One idea is to have a goal of only giving breaks to judgment debtors in difficult situations.

Before releasing a lien, you should be a party to the escrow, just like a lender. You could bring your lien release to the escrow closing, and give it to them, right after they hand you a certified check.

It is usually a good idea to insist on dealing with the escrow company directly. Ask the escrow or title company to send you a demand release request (sometimes called a payoff statement).

Usually, the title or escrow company will send you a lien release request, or a payment statement request. Fill it out, or make your own answer sheet for them. Make sure to write, that you will release the lien and satisfy the judgment, after receipt of full payment.

Along with a response to their demand release request, also send the escrow or title company your payoff statement.

The payoff statement should include the balance due as of the statement date, and include a daily interest amount, so they can calculate the future balance. If you are the assignee of record, mention that.

Make sure to satisfy the judgment, after you are paid most of what is owed. In the game of judgment recovery, recovering 90% of what is owed is a major win.

Title companies do not care that much if you satisfy the judgment or release the lien, because they can prove they paid you. However, the laws and ex-judgment debtors do care, so make sure the lien release, and the satisfaction of judgment is done correctly.

To prevent problems, some judgment owners include an extra fee, in exchange for working and paying, to take care of all the required paperwork and filings. When answering a demand release request or a payoff statement, they include their charge, to get a certified copy of the satisfaction of judgment, and record it at the county recorder, and send the title company a copy of the recorded documents.

Here is an example of a lien release I have used:

Your Name (your capacity - assignee of record or judgment creditor)
Your Address
Your City, State, Zip
Your Phone Number and Email

SUPERIOR COURT OF THE (YOUR STATE) OF YOUR STATE
COUNTY OF (YOUR COUNTY), YOUR DIVISION (small claims, civil, etc.)

Case # 123456789
RELEASE OF JUDGMENT LIEN CCP 697.370
Paul Plaintiff
vs.
Dan Defendant

The undersigned hereby releases from the judgment lien described herein, all of the interests in the real property in YOURCOUNTY County, presently owned or hereafter acquired of the herein named judgment debtor subject to the lien.

The lien released, is in the name of Dan Defendant, from the judgment lien recorded February 12, 2009, as instrument number 99-99-999999 as recorded in the office of the County Recorder of YOURCOUNTY County, YOURSTATE, described as:

Lot 17, Tract Number 999, in the City of Debtorville, and County of YOURCOUNTY in the state of YOURSTATE, as per the map recorded in book 99, page 99 in the office of the County Recorder of YOURCOUNTY, commonly described as 99999 Debtor Street, Debtorville, CA 99999, having an assessor parcel number of: 99-CA-9876544.

Executed at: __________________________ this 11th day of April, 2011

By: _________________________________ YOUR NAME (Capacity).

Mark Shapiro
V:888-831-4350 Fax: 206-267-9857, SJ, CA.
JudgmentBuy - helping Enforcers make more money Nationwide.
Good for all Judgment Enforcers to check often:
http://www.judgmentbuy.com/

The Secrets of Florida Homestead

AppId is over the quota
AppId is over the quota

One of the biggest advantages of becoming a resident of Florida is the Homestead Exemption. Not only do Florida residents get up to a $50,000 exemption in the value of their property for determining property taxes, the homestead property is also exempt from the claims of creditors. We'll explore both of these features in this article and learn how to qualify and apply for the exemption.

The Homestead Tax Exemption.

The first benefit of being a resident of Florida and owning homestead property is the homestead tax exemption. Every county in Florida levies an ad valorem property tax on all real property in the county. This tax is calculated by multiplying the taxable value of the property (as determined by the county property appraiser) by the millage rate (as determined by the local taxing authorities such as the county commission, city council, school board and special taxing districts). The homestead exemption reduces the taxable value of your homestead property by $25,000, resulting in a reduction of ad valorem taxes on your home. In January, 2008, the citizens of Florida approved Amendment 1 to its state constitution and created an additional homestead exemption of $25,000 to lower the taxable value of homestead property for all taxes except those levied by school districts. The exemption applies on the assessed value of the homestead property that exceeds $50,000. This means that, if the just valuation of your homestead property is $100,000, the first $25,000 of value and the assessed value between $50,000 and $75,000 would be exempt from taxes. However, the value between $50,000 and $75,000 would still be used to determine the amount of school tax.

Also, no matter how much your property appreciates in value, the taxable value of the property used to determine the property tax can never increase by more than 3 percent each year.

Qualifying For the Homestead Tax Exemption.

In order to qualify for the homestead tax exemption you must be an individual, who as of January 1 of the year for which you are filing, must be a permanent resident of Florida, must own and occupy the property as your permanent residence, and must hold title or beneficial interest to the property.

The first of the year date is important. If you move into the house on January 2, meet every other qualification, and spend every moment for the rest of the year in the home, you will not be entitled to the homestead tax exemption. You have to be living there on January 1.

Applying For the Homestead Tax Exemption.

If, as of January 1, you meet the qualifications listed above, you may apply for homestead exemption at the property appraiser's office in your county. The property appraiser will provide a form for you to complete. You must sign the application form in person at the appraiser's office. The application must be filed no later than March 1 of the year for which the exemption applies. All persons named on the deed of the property must sign the application, except in the case of husband and wife where only one signature is required. When applying for homestead exemption, each of you must provide proof of ownership of the property and proof of Florida residency.

1. Proof of Ownership. Any of the following items can be presented to show proof of ownership of the property: Deed to the Property (must be recorded in the public records of the county at the time of application), Property Tax Bill, Title Insurance, Contract for Deed, Cooperative Proprietary Lease, Certified Copy of Last Will and Testament (showing that the property was devised to you).

2. Proof of Residency. To show evidence of your Florida residency, you can furnish a valid Florida driver's license or Florida identification card (with the date of issuance on or before January 1) and one or more of the following items: Florida vehicle registration, Declaration of Domicile dated prior to January 1, previous year's filing of your federal income tax return showing a Florida address. If you are a resident alien, a permanent visa card or a temporary visa card with official assurance that permanent residence status is approved must be presented.

Protection From Creditors.

Perhaps the most controversial aspect of the Florida homestead law is its protection from forced sale by creditors.

Quite simply, this means that a Florida resident's homestead is exempt from creditor's claims. Therefore, if you are at fault in an automobile accident, are sued, and a judgment is entered against you, your creditors could not force you to sell your homestead to pay the judgment. Also, the judgment would not become a lien against the homestead property as it would against any other real estate you own.

There are, however, exceptions to the exemption. Liens for ad valorem property taxes and assessments are enforceable against the homestead. Any liens which you voluntarily place against your homestead, such as mortgages, are enforceable. A foreclosure of a mortgage is not a prohibited forced sale under the law. Likewise, liens for improvements made to or repairs made on your homestead are not exempted. Therefore, construction liens (discussed in Chapter 9) are enforceable against your homestead property. Other liens which are not affected by the homestead exemption are code enforcement liens and federal tax liens.

Florida is one of just a few states which allow an unlimited amount for its homestead exemption. It was established in its early years as a state to draw people as residents and to protect families from being rendered homeless in bad financial times. Lately the exemption has been heavily criticized, with the critics claiming that abuses have enabled debtors to declare bankruptcy, and use the homestead exemption to continue to enjoy a life of luxury while their creditors get little or nothing. Some examples that they cite are actor, Burt Reynolds, who declared bankruptcy in 1996, claiming more than ten million dollars in debt. Reynolds was able to keep his $2.5 million estate, named "Valhalla," while his creditors reportedly received only 20 cents on the dollar. Paul Bilzerian has been able to avoid payment of $200 million owed to his creditors while using the Florida homestead exemption to keep his $5 million dollar home. And of course, most people are aware that O.J. Simpson moved to Florida and purchased a home which was protected from the $33.5 million civil judgment against him over the slayings of his ex-wife and her friend.

Proponents of the homestead exemption point out that despite the outrageousness of some of the abuses, they are a tiny fraction of the bankruptcy filings and the homestead exemption is needed to help people who truly need the protection, such as retirees who become overwhelmed with medical bills or young families who run up too much credit card debt.

You can learn more about the Florida Homestead Exemption, as well as other advantages to becoming a Florida Resident, from Dean Hanewinckel's book, "The Official Snowbird's Guide To Becoming A Florida Resident." The book is available at Amazon.com and from its website at http://www.newfloridaresident.com/. You can also get more information about Florida residency at the website in the "Floridology" blog.

Dean Hanewinckel is an attorney in Southwest Florida who has been helping his clients become Florida residents since 1984. His law practice includes estate planning, probate, real estate and corporate and business law.

Bankruptcy and The State of Our Economy

AppId is over the quota
AppId is over the quota

Surprisingly, bankruptcies are minimizing nationwide. Signaling what could be a nationwide trend, the U.S. Bankruptcy Court for the Western District of New York reported a 17.5 percent drop in bankruptcy filings in Buffalo and Rochester. While numbers for Manhattan and Suffolk counties haven't been reported yet, the National Bankruptcy Research Center and American Banking institute reports a nationwide drop nearing 8 percent during the first half of 2011.

Just what does all this mean? Is the economy really getting better? Should we be hopeful? If the credit crunch and nationwide debt are taking such a toll nationwide, why aren't bankruptcies skyrocketing?

The general opinion, however, is that recent downward trends in bankruptcy aren't a signal of a developing economy. Foreclosures in the US have bogged down to a crawl: new regulations developed to curtail foreclosure-happy banks have terrified lenders. Many citizens that choose bankruptcy do so to protect a home. Furthermore, there's a general decline in credit creation: because the economy's in such bad shape, Americans want to spend less money. Finally, the price of going bankrupt is prohibitive, forcing most Americans to find other means to survive financially. Although the price of a chapter 7 bankruptcy can be too much for someone, it is one sure way to relive the tension and anxiety of debt.

Even the Federal Government is getting in on the fact that a large number of banks violated the law during the homeowner credit crisis. As the government rose to defend the rights of homeowners, regulations were set up to protect them: and they worked. Banks are now not only terrified to lend, they're terrified to foreclose. It's become an unfortunate catch-22 for those who wish to purchase property. Moreover, the situation has reduced foreclosures, and lowered the desire for Americans to apply for bankruptcy to protect their home.

Americans are spending less. Overall, consumers have wised up, and are enduring the recession by not spending as much. Less homes, fewer boats, fewer automobiles, fewer motorcycles, fewer expensive flat-screen TVs... fewer overall big-ticket credit items are being bought nationwide. Because of this, Americans have less in the way of assets to protect, making Chapter 7 a less inviting solution for debt problems.

The government has made it harder to declare bankruptcy. The means test is a difficult task to accomplish without a lawyer. However,it's not impossible. If you need to know more about declaring bankruptcy, realize that it can be done with the help of a specialized lawyer.

If you found this article helpful, and would like to talk to a Long Island bankruptcy attorney visit us at: http://www.longislandbankruptcyadvice.com/

Will The 'Marriage Value' Apply To My Lease Extension?

AppId is over the quota
AppId is over the quota

If you have been looking into the rules and regulations surrounding getting an extension on your lease, then you may well have come across the phrase 'marriage value'.

The purpose of this article is to provide you with a succinct explanation of this additional premium and to explain whether or not you will be eligible to pay it to your landlord when you extend a lease.

First and foremost, it is necessary to understand exactly what the marriage value actually is. This really is not too complicated. Basically, the marriage value payable to a landlord as part of the price of an extended lease, is the best estimate of the increase in the value of the property when the lease extension has been granted. In other words, it assesses the potential value of the property over the term of the new lease.

The resulting marriage value figure is then split straight down the middle between the leaseholder and landlord. Therefore, the 50% premium that would be eligible for the landlord will have to be paid in addition to other compensation costs in order to extend a lease.

However, the marriage value will only have to be paid to the landlord if the remaining term left on the lease has dropped below the 80 years mark. It is quite clear that the relevant legislation has been conceived here in an attempt to reimburse a landlord when they may be more out-of-pocket to extend a lease in the first place.

A firm understanding of the local market is essential when it comes to determining the eventual marriage value of the property -that's why any question regarding lease extension valuation is best left to a surveyor who specialises in lease extensions. The final premium must be based on the best estimate of how the local market is likely to increase over the relevant years that will be added to the lease extension.

As the marriage value premium is not necessary if the remaining term left to run on the lease is more than 80 years, this means that it will cost considerably less to extend a lease within such a timeframe. Moreover, compensation payments to the landlord will be lower the longer the lease has to run, too, and this means that it is often a good idea to consider lease extension as early on as possible.

Provided you have owned your residential leasehold property for a period over two years, you are likely to be entitled to an extension of your lease. You don't even have to have lived in your property during that period - or indeed at all. The sooner you make your application for an extended lease, the better. Don't forget that you also need to seek the assistance of a solicitor who specialises in lease extensions, as the procedure involved in achieving an extended lease is quite complicated.

Bonallack & Bishop are a firm of solicitors experienced in getting an extended lease. They can offer you detailed advice about lease extension. Tim Bishop Senior Partner, sees himself as a businessman who owns a law firm.

Business Litigation: What To Do With A Summons and Complaint

AppId is over the quota
AppId is over the quota

All business litigation begins with a summons and complaint. Typically prepared by an attorney, the summons and complaint are filed with the court and served on the defendants. Every business should have a process it follows when it receives a lawsuit to ensure that the complaint is handled in a timely way and the supporting documents are located and secured. The steps set forth below also insure that you are using your trial attorney in the most efficient and cost-effective manner.

What is a Summons? A summons is just that-a notice from the court summoning you to court. It will set forth the basic information-what court is involved (e.g., Superior Court), the name of the case (the parties suing each other), a direction to file a written response with the court within thirty days, a warning that if no response is filed a default judgment will be entered, and an admonition to consult an attorney.

What is a Complaint? The complaint is where the plaintiff sets forth the legal causes of action against the defendants. Causes of action are the legal claims that the plaintiff is asserting, such as breach of contract, fraud, breach of fiduciary duty, quiet title, partition or numerous others. The complaint must set forth the required elements of each cause of action. The complaint does not necessarily set forth all of the facts but will often explain enough to put the defendants on "notice" of the claims against them.

If you are a defendant who has been served with a summons and complaint, these are the steps to take.

1. Write down what day you were served. This is a seemingly small item but it is important for determining when your response is due. A response is due within thirty days. A variety of responses are possible. The most common is an Answer, which sets forth general or specific denials of the claims. However, it also possible to challenge the court's jurisdiction (a Motion to Quash for lack of jurisdiction), to challenge the service of the complaint (also a Motion to Quash) or to challenge the complaint as not setting forth a viable cause of action (a Demurrer).

2. Hire an attorney. Get an attorney involved as soon as possible. Do not wait until the thirty days has run or is about to run. Get an attorney that has experience in your industry or business. Many attorneys will gladly take your business but do not necessarily have experience in your field. Ask if your business attorney has trial experience and has handled similar business cases. A corporation may not represent itself in California. It must be represented by an attorney. Once you retain the attorney, the attorney needs time to analyze the case and come up with a viable strategy.

3. Collect all of your documents and emails. Gather together all of the documents relating to the lawsuit. In a typical business litigation dispute, such as a breach of contract lawsuit, you will need to get together the contract, any invoices and payment records and all correspondence relating to the relationship. You must also include all documents that reside on the company's servers and computers, including emails and calendars. Get this information to the attorney as quickly as possible. An attorney's analysis of your lawsuit is only as good as the information he or she is provided.

Like the saying about the certainty of death and taxes, companies that do business can expect to be sued at least once (and some many times). When the company receives the summons and complaint, following these three steps will make the initial stages of the lawsuit proceed smoothly.

Real Estate Litigation Attorney: Laine T. Wagenseller is a business litigation attorney in Los Angeles. Wagenseller Law Firm specializes in business and real estate litigation for corporations, partnerships and individuals. For more articles on business litigation subjects, including breach of contract and corporate litigation, please visit http://www.wagensellerlaw.com/. To contact Mr. Wagenseller, call him at (213) 996-8338 or ltw@wagensellerlaw.com.

The Benefits of Consulting With a Real Estate Attorney

AppId is over the quota
AppId is over the quota

A real estate attorney can help you in a variety of related matters. Real estate may consist of agricultural, forest, brick, water, residential and commercial property. Well-informed lawyers know everything about any kind of property. They can advise you on matters concerning litigation, fraud, purchase agreements, leases, grants and concessions, and anything involving land legislation. A real estate attorney does not neglect any matter about land legislation, however small. They can help you with legal matters, as well as financial and business matters. Therefore, it pays to hire a professional to have him or her as a specialist legal consultant in a business. The Truth in Lending Act obligates creditors to disclose all the credit terms and borrowing costs of the creditor. The Board of Governors of the Federal Reserve System implements the Truth in Lending Act.

Congress created the Truth in Lending Act to accurately inform creditors of their credit costs and the exact provisions of credit loans. Many mortgagors are unaware of the exact provisions of the Truth in Lending Act and therefore this law is often violated because mortgagors are ignorant of it and their rights concerning the law. If there is a violation of the Truth in Lending Act, this can be a basis for rescinding the loan contract. Therefore, all mortgagors should carefully consult with an attorney to see if their creditors have faithfully complied with the law. The Truth in Lending Act came about because of many fraudulent acts by mortgagees on unsuspecting mortgagors that caused creditors to gain unduly at the expense of their debtors. Many mortgagors lost their properties because they were unaware of onerous terms in their mortgage contracts.

Therefore, to plug these loopholes, congress passed the Truth in Lending Act to curb abuses of mortgagees against their mortgagors. Since the passage of the Truth in Lending Act, mortgagors had a legitimate defense against being taken advantage of by their mortgages. Another important legislation that prevents further abuses in transactions is the Real Estate Settlement Procedure Act of 1974. Oftentimes contracts have many hidden fees that are not disclosed to the buyer at the time of sale. The Real Estate Settlement Procedure Act makes it mandatory for sellers to disclose any additional cost to buyers who may be unaware of these costs before the contract between them takes effect. Therefore, buyers will know of any additional costs they have to incur before buying a property. These additional costs encouraged the practice of kickbacks in real estate transactions at the expense of the buyer. The law reduced the amount of escrow to cover large deposits required in contracts.

Before the Truth in Lending Act and the Real Estate Settlement Procedures Act were passed, knowledgeable companies found many loopholes in the law that enabled its circumvention. Lawyers can spot a circumvention of those laws and advise the client of all the appropriate counter-measures that can be taken to avert any losses. Lawyers can inform you of your existing rights and the ways to counter the effective circumvention of the law. Real estate lawyers can review all your loan contracts and discuss all the options with you if a violation or circumvention of the law occurs so that you can rest assured that your rights are being protected.

If you are undergoing issues of land and property and are looking for a good Real estate attorney who will help you in getting your problems sorted out, there are different ways by which you can them.
Click here for Real estate lawyer

How to Handle Evicting a Tenant

AppId is over the quota
AppId is over the quota

Introduction to Eviction Process

Before you get a marshal or a sheriff to evict your California tenant, you must first receive an unlawful detainer judgment. You accomplish this by filing an unlawful detainer action (a lawsuit) against the tenant. Even though most landlords win those lawsuits because the tenant fails to show up for the hearing, it is important to follow the formalities in giving the proper notice to the tenant. Otherwise, your case will be delayed on technicalities.

Three-Day Notice to Pay Rent or Quit

In cases where a tenant fails to pay rent, prior to filing your unlawful detainer action, you must give your tenant a three-day notice. The notice must include your tenant's name, a demand to pay within three days or move out, and a statement that you will commence a legal action. California Code of Civil Procedure Section 1161(2). You or any other adult over 18 years of age can serve the notice upon your tenant. If the tenant refuses to take the notice, you may just drop it at his or her feet. If the tenant does not open the door, you may slide the notice under the door or shout, "I'm putting the notice under the doormat!"

If, after three full days, your tenant neither pays nor moves out, you may commence the unlawful detainer action. You don't have to accept full or partial payment tendered after the expiration of the three-day notice, but if you do accept such payment, you lose your eviction rights until the tenant is late with the rent again and you serve another three-day notice.

After the tenant has had three full days to pay rent (counting the day after service received as the first day), you may commence your unlawful detainer action for failure to pay rent.

30-Day Notice

In cases where a month-to-month tenant fails to move out after you've terminated the tenancy, you may use a 30-day notice if the month-to-month tenant has lived at the property for less than a year. If the tenant has lived at the property for more than a year, you must give a 60-day notice (even if the tenant pays bi-weekly or weekly). A 90-day notice is required for some government-subsidized tenancies. The requirements for service are essentially the same as for a three-day notice. The 30-, 60- and 90-day notices are most appropriate where you want to evict tenant for a small violation, insignificant nuisance/damage or without just cause (if your jurisdiction allows evictions without just cause). San Diego allows eviction without just cause, but only for tenants who have resided at the property for less than two years. San Diego Municipal Code Sec. 98.0730. Santa Monica, Los Angeles, Beverly Hills, West Hollywood, Glendale, Palm Springs and San Francisco do not permit evictions without just cause. That means that a landlord may evict only for reasons enumerated in the applicable ordinances. The usual reasons are nonpayment of rent, nuisance, refusal to give landlord reasonable access to property, unauthorized subtenants, etc. It's usually better to use a three-day notice in cases of nonpayment of rent.

After you've served the 30- or 60-day notice, you must wait 30 or 60 days before filing your unlawful detainer complaint. A judge will usually hear and resolve the case within twenty days of filing. California Code of Civil Procedure Section 1170.5(a). If the decision is in your favor, the judge will issue a writ of possession (California Code of Civil Procedure Sections 712.010 and 715.010.) which orders the sheriff to remove the tenant from property if the latter does not leave voluntarily within five days.

To find out more, please contact San Diego business and employment attorney Sergei Tokmakov. Call now (858) 205-5665 for a free consultation or business and employment law info.

How to Stay Safe While Giving a Property Tour

AppId is over the quota
AppId is over the quota

As a landlord, part of your job might be to give tours of your property to potential residents. It's important that you take the steps necessary to ensure your safety during these tours. Here are a few simple tips to keep in mind so you can be safe when showing your property to potential tenants.

• Take a photo ID from the person touring the property-It's standard practice to get the photo ID from the person you'll be showing the rental unit to. Keep the ID in your office until the tour is finished. This gives you information on the person you're showing the property to, so you have a record of the tour until it's completed. Lock the ID in a safe place, and return it once the tour is over.

• Keep the door to the rental unit open-Never shut the door behind you when showing a guest around your property. Always let them walk into the unit first, and keep the door propped open. An easy way to do this is to turn the deadbolt so that the door can't shut all the way. This is a simple thing, but it can go a long way to keeping you safe when showing your property.

• Let someone know where you'll be-If you have other associates on staff, always let them know when you're going to be out touring the property. If you work alone as a landlord, at least let your spouse or a friend know that you're showing the property to a guest. It's important that someone knows anytime you're on a tour. You can have them call you to check in and make sure you're safe during your tour.

• Avoid nighttime tours-Never show your rental units at night. It's just not a smart thing to do, and no other landlords or apartment managers do that. Only show your properties during the day at normal business hours. If it's dark out, don't give any more tours until the following day. This is one of the most important things you can do to stay safe while showing your property.

• Take someone with you-If you work with anybody else, bring them along on your property tour. There's strength in numbers, and that person could probably benefit from the extra experience of going on another property tour.

• Trust your gut-Listen to your instincts. If something just doesn't seem right, maybe you shouldn't be going on a tour of the rental units. There really is something powerful to be said for trusting your gut. Pay attention to your prospects, and let your instincts work to help keep you safe.

There's a lot that goes into being a landlord-from buying properties to dealing with California eviction. A major part of being a landlord is showing your property to potential tenants so you can keep your units filled with renters.

Stay safe by following these simple tips when giving property tours.

Learn more about Eviction CA and California Eviction Forms at: FullCountEvictionService.com