In case you’re an entrepreneur, you’ve been utilizing the Uniform Commercial Code (UCC) regardless of whether you’ve never known about it. The UCC is a model assemblage of law embraced by every one of the 50 states and US regions in a by and large uniform way that administers business exchanges, despite the fact that there are slight contrasts between the states. The UCC is isolated up into eleven separate segments or “Articles” that each administer an alternate arrangement of exchanges. What sort of exchanges are administered by the UCC? Here’s a short rundown: selling products, renting hardware, issuing promissory notes, sending buy orders, composing checks, opening financial balances, shipping merchandise, and money exchanges where a credit is verified by security. Uniform Commercial Code is a type of recording with respect to liens. These are associated with money related banks who have an enthusiasm for an advantage. This implies if somebody somehow happened to enter an understanding where guarantee is required, the UCC lien might be recorded against the advantages that the borrower vows so as to verify any credit monies. While these liens have no immediate negative effect on day by day business exchanges, they could stop more wellsprings of financing being given until the lien has been reimbursed in full. A UCC financing proclamation is an authoritative document utilized by a loan boss or moneylender to record with the goal that notice is given that there might be an enthusiasm for property possessed by somebody. The UCC financing proclamation is generally a report or gathering of records that clarify the intrigue the loaning establishment has in the obligation or lien got for the acquired assets. There are terms and data given in these structures that clarify the understanding of the obligation and how it was made. There are two basic UCC liens, and it is imperative to check if these exist with a property before going any further with an exchange. They may cause issues with a business, regardless of whether they don’t straightforwardly prompt negative outcomes. Notwithstanding, it is ideal to fulfill these kinds of liens before looking for extra help. It is critical to contact a business legal counselor to see how to continue and what might be important to finish up a UCC lien. Similarly as with regular banks being owed, there are frequently negative results to the FICO assessment of an individual or business for liens or credits out that have not been evacuated or settled. In any case, because of the convergence of new associations both on the web and through loaning organizations, a few alternatives have opened that license those with over $100 thousand in pay and a decent FICO rating. Sadly, this isn’t normally conceivable through a bank or other money related organization because of the exceptional lien. The intrigue that a loan specialist has in at least one of the individual or organization’s benefits is the thing that causes potential issues. Numerous different loan bosses take a gander at the whole picture when deciding whether extra assets might be given. UCC liens are regularly part of typical business financing rehearses. The statements given by these associations are to clarify that cash is owed to a loan specialist still and how much in premium and standard should be fulfilled by the aggregate and for the month. The benefits are vowed as guarantee until the obligation has been reimbursed. These statements in incomplete structure are accessible to different banks that the business or proprietor is looking to acquire extra subsidizing from when cash is expected to run the organization. On the off chance that the UCC lien is on favorable terms, it is conceivable that the organization might be viewed positively. Be that as it may, extraordinary adjusts and missed installments cause negative effects on the business. UCC recording more often than not begins from the underlying vow of a resource for a loaning organization for a money related credit that is consented to with a security arrangement basically. This at that point gives to the bank the privilege of utilizing the conceded resource as a type of guarantee for the advanced monies. At that point, the loaning party as a rule records a UCC lien on the advantages that have been vowed by the individual or entrepreneur with the goal that notice is given to other potential banks that might be see the lien through standard strategic policies. The UCC lien might be documented with explicit people independently or through a business. These liens work through a first started things out serve premise which at that point gives the capacity for the principal moneylender to record the lien and reserve the privileges to any advantages associated with the lent monies. This holds a gathering against the benefit that was initially promised. There are normally just certain benefits that might be promised for a UCC lien. These may incorporate different various bits of office hardware, receivables in the organization, business stock, protections, bigger gear utilized in standard activities, various vehicles, land property, products, promissory notes and credit letters. Notwithstanding what resource has been swore, it is fundamental to guarantee a business legal counselor investigates any documentation and UCC financing statements to guarantee all practices and strategies are legitimate, inside the privileges of the moneylender and precise. At that point, it involves satisfying the lien to guarantee the benefit is protected from seizure. The UCC was not set up through Congress. It was made by private associations that incorporate the National Conference of Commissioners on Uniform State Laws and the American Law Institute. Article 1 of the code sets up definitions and certain parameters for how the UCC is to be connected. Each state has the choice of receiving the code as it was composed and altered or, on account of Louisiana, embrace and change arrangements of it. For instance, Louisiana did not embrace Article 2 of the UCC as composed, which manages the closeout of products except for aside from land and administration contracts. The state additionally did not embrace Article 2A, which covers the rent and rental of individual property that isn’t viewed as land. The electronically-documented records would embed up to 3000 characters of security portrayal into the UCC file. For pursuits, the documenting office would give just the electronic posting of records recorded after July 1, 2001. That made an issue. What should the documenting office do about records documented on paper frames?m The arrangement was to file just 250 characters of insurance structure. Anything over that number would not be entered in the UCC record and, therefore, not gave an account of list items. Filers could separate security into 250 character squares utilizing different addendum frames (each with the proper documenting expense to take care of the expense of ordering). In any case, security recorded on calendars or displays was not listed, nor were those archives made accessible on list items. The documenting office debilitated utilization of paper frames by telling invested individuals that the paper records were obliterated in the wake of ordering and the excluded insurance was lost until the end of time. Truth be told, that was not the situation. This administration licenses Uniform Commercial Code (UCC) documenting statements to be made with the Department of Commerce, Division of Corporations and Commercial Code. Filers may submit indebted individuals, verified gatherings, and security depictions. When you select Start Filing, you should enter the data for the individual or association presenting the documenting. You will at that point be coordinated through a 6-step process. • Select Debtor Type – Select the borrower type for which you are recording a financing explanation, and, whenever wanted, select a “Discretionary Designation”. Snap the Continue catch to continue. • Account holder Information – Carefully enter EXACT data on the borrower, as it will show up in the PERMANENT record. In the event that more than one account holder click quot; Add Additional Debtors”. Whenever debtor(s) passages are finished snap the Continue catch to continue. • Survey Debtor Information – You will see a posting of the Debtors you have entered. Audit your posting and adjust if and where suitable. Snap the Continue catch to continue. • Enter Secured Party Information – Carefully enter EXACT data on the verified party, as it will show up in the PERMANENT record. An off base documenting can imperil your verified gathering status. On the off chance that more than one verified gathering click “Include Additional Secured Parties”. At the point when verified gathering sections are finished snap the Continue catch to continue. • Enter Collateral Information – Carefully enter EXACT data in ASCII content configuration on the verified party, as it will show up in the PERMANENT record. All non-ASCII content will be taken from the security depiction for your survey. There is a 4,000 character (with space and accentuation) constraint per page. Should extra insurance be required snap “Include Additional Collateral” and an extra 4,000 character security box will show up. Snap the Continue catch to continue. • Survey Information and Fees – You will see a posting of the data incorporated into your financing articulation. Survey your posting and alter if and where suitable. To erase an exchange, check the case beside the exchange type and select the Delete catch. In the event that you have no more exchanges to include, at that point select the Continue catch. A documenting which was made before July 1 2001 out of a locale, is as yet successful, is known as a pre-powerful date financing explanation in Revised article 9. In the event that a pre-successful date financing proclamation must be proceeded or changed, recording an underlying financing articulation in the new ward of the account holder does this. This underlying recording explanation is normally called an “In-lieu” documenting articulation. The new documenting will get another record number and record date. An in-lieu documenting must (a) fulfill every one of the necessities of an underlying financing proclamation, UT 70A-9a-(501-527), and should furthermore incorporate the data required in UT 70A-9a-706(3). Specifically, it must contain the names of every single current account holder and verified gatherings, and must contain an announcement of the guarantee secured, by rehashing the insurance in the security box, and by (b) distinguishing the pre-viable date financing articulation by demonstrating the workplace in which the financing proclamation was recorded and giving the dates of documenting and document numbers, assuming any, of the financing explanation recorded concerning the financing explanation. (c) Indicate that the pre-successful date financing articulation stays powerful. i>This must be done, on the grounds that the first locale isn’t required to keep a duplicate of the documenting after it slips. Inability to give the extra data could influence the need of the recording. As opposed to getting the date of the first documenting, the recording would get the date it was recorded with the Utah Department of Commerce, Division of Corporations. All in-lieu filings are powerful for a time of 5 years from the first recording date. A continuation or change of a current documenting can be made whenever after July 1, 2001 and before the recording slips. In the event that you wish to change a pre-viable date recording, you can do it in both of two different ways. You can record the in-lieu documenting with the present data. UT 70A-9a-707(3), or you can document an in-lieu recording with the current data, trailed by a correction containing the new data. UCC Attorney Free ConsultationWhen you need legal help with the Utah Uniform Commercial Code or a UCC-1 in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Is A Person’s Will Public Record? When Is It Too Late For Asset Protection? via Michael Anderson https://www.ascentlawfirm.com/ucc-financing-statements/
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Tenant can be evicted, if their actions begin to cause you difficulty and you are unable to resolve the issue through negotiations or compromise, you may need to know how to evict such person. Although evicting a Tenant should be a last resort, there are cases when it becomes necessary. If your Tenant has become abusive or violent, stops paying rent or utilities or has begun to engage in criminal activity, eviction may be the only resource available to protect yourself.
STEP 1: INITIATING THE PROCESS OF EVICTIONCheck your lease and determine your rights and responsibilities: Before you do anything, you need to take a really good look at your lease. Study it carefully and determine what your rights are. Terms for eviction will always be laid out in the lease. Depending on your position as a tenant or as landlord, you will have different resources and options. Check local and state tenant laws: Before you take any action to actually physically remove your tenant from the property, you need to consult your local and state laws regarding tenant rights. Many localities have laws that give substantial rights to tenants and to people residing in properties they do not own. If you violate these laws, you may give your tenant more leverage against you in your effort to evict them. STEP II: TAKING LEGAL ACTIONHire a lawyer: Hiring a lawyer might be your best recourse if you’ve talked to your tenant about leaving and he or she still refuses to leave. A lawyer will take the stress off of you and make sure that your effort to free yourself of an unwanted tenant is legal and goes as smoothly as possible. • You can choose to pursue legal routes to eviction on your own, but it might be time consuming. STEP III: EVICTING YOUR TENANTCall the police to enforce the eviction: After you’ve served your tenant with an eviction notice and a judge has ordered your tenant to leave and they’ve still refused, you’ll have to call the police to enforce the eviction. This is how a residential tenant in Utah can be evicted. It is important to note that in many cases, the landlord will not only want to evict the tenant, but will also want a judgment for any rent and fees the tenant have not paid. The Law allows landlords to obtain a money judgment in the same proceeding as the order of restitution. The judgment can be for unpaid rent and for three times the amount of damages, such as rent due while the tenant is unlawfully detaining the property, and for reasonable attorney fees. Landlord Attorney For Evictions Free ConsultationWhen you need a lawyer to assist you with evictions of tenants in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Foreclosure Lawyer Herriman Utah via Michael Anderson https://www.ascentlawfirm.com/how-to-evict-a-tenant-in-utah/ Over 30,000 people reside in our community and we are prepared to meet the challenges of the of the future. Tooele City, a Utah community, is nestled at the foothills of the Oquirrh Mountains. It is located about 35 miles southwest of Salt Lake City. Even though the origin of the name “Tooele” has been disputed for decades, everyone agrees that we have a rich, colorful history. Four significant eras capsulize the rich history of Tooele City: Tooele was primarily an agricultural community and grew to a population of about 1,200 at the turn of the century. Many of the prominent families who settled Tooele have descendants living in the area. Like their ancestors, these families play an integral role in building our community. Tooele transformed into an industrialized city during the first half of the 20th century and the population increased to 5,000 people by 1930. The transformation was boosted by the construction of railroads and the opening of the International Smelting and Refining Company, east of Tooele. The Tooele Valley Railroad, a seven mile line, ran from the smelter west to the Union Pacific Railroad main line. In the eastern section of Tooele, “New Town” was built for many of the 1,000 smelter workers. Families from the Balkans, Italy, Greece, and Asia Minor lived in this area and formed their own community. New Town included its own school, church, culture and numerous languages. Outbreak of World War II brought the establishment of military bases in the area that strengthened the nation’s defense, boosted the local economy, and created a dramatic change in Tooele’s history. Following the attack on Pearl Harbor, a 25,000-acre tract southwest of Tooele was selected as a site where the Tooele Ordnance Depot was built in 1942. A storage depot for chemical weapons was also constructed 20 miles south of Tooele City. These weapons are now being destroyed by incineration at the Deseret Chemical Depot. Tooele’s heritage was further enriched in the 1950s and 1960s as many Hispanic families moved to the area to support the expanding mission of the depot. Men and women of Tooele played vital roles in supporting the soldiers in the field during World War II, the Korean Conflict, Vietnam War, and the Persian Gulf War. The name of the depot has changed from Tooele Ordnance Depot to Tooele Army Depot and most recently TEAD. In 1993, at the end of the Cold War, the depot was designated for “base re-alignment” by the Department of Defense. The TEAD workforce that once reached as many as 5,000 employees has been reduced to about 400 workers today. About 1,700 acres of depot property was annexed into the city. The Army conveyed 40 acres and its multi-million dollar Consolidated Maintenance Facility to Tooele City in 1996. This building was then sold to Penske Realty of Utah and Detroit Diesel opened a re-manufacturing plant that currently employs about 400 people. In December of 1998, over 1,600 acres of industrial property and buildings were conveyed to Tooele City. The parcel was sold to a developer the Utah Industrial Depot was formed. In 1999, the Utah Industrial Depot attracted 168 new jobs. The Utah Industrial Depot was sold to the Ninigret Group in 2013 and renamed Ninigret Depot. The Ninigret Depot is a premier business park in northern Utah for industry and commerce and is in the process of attracting new private businesses to the area. Tooele, Utah’s estimated population is 35,251 according to the most recent United States census estimates. Tooele, Utah is the 24th largest city in Utah based on official 2017 estimates from the US Census Bureau. The population density is 1463.15 people/mi² (564.92 people/km²). Based on data from the American Community Survey, in 2017 there were 11,314 households in the city, with an average size of 3.09 people per household. Utah and off-roading are practically synonymous. Featuring over 2,800 miles of public land designed for off-roading, there is so much to explore in this state. From Bryce Canyon to Moab, there are plenty of incredible places to discover. While Utah is an ATV-friendly state, you should still ensure that you understand all of the rules and regulations. Here’s what you need to know. There are 2,800 miles of off-roading trails in Utah. The public lands open to ATV range from state parks to Bureau of Land Management areas. Visit the Utah DNR website for all of the details about where to ride, which includes everything from Gemini Bridges to Casto Canyon to Utah Rims. Wind, water and time have sculptured Tooele County, Utah’s 7,000 square miles into high mountains, deep canyons, broad valleys and endless deserts. Across this vast and geologically diverse terrain are miles of multi-purpose trails that offer exciting and crowd-free adventure for hiking, horseback riding, mountain biking, road cycling and ATV rides. The Tooele County Trails Committee, under the auspices of the Tooele County Commission and the Tooele County Department of Parks and Recreation, has created this website to inform the outdoor enthusiast about eastern Tooele County’s best multi-purpose trails and road cycling routes. The 20 trails and routes on this site represent only a fraction of the available areas in eastern Tooele County. They are listed here because the Tooele County Trails Committee has inventoried each one, determined GPS waypoints, and has installed and maintains trail signage. The trails are also officially recognized by Tooele County as open for the public’s enjoyment. This website is a work-in-progress. As other trails are inventoried, they will be added. A hard copy map of this website is also available and can be found at brochure racks. ATV Trail EtiquetteMost of the trails featured in this publication are multiple-use, which means users may encounter hikers, horseback riders, mountain bikers or ATV Riders at any time. To ensure a safe and enjoyable experience for all, please follow these trail etiquette guidelines that have been developed and used by other trail organizations across the U.S. for years. • Because horses can be easily frightened, hikers, mountain bikers and ATV riders must yield to horseback riders at all times. To properly yield for horseback riders on a narrow trail, stop and move downhill off the trail. A horse in panic will typically run uphill. • ATV riders are required to yield to all uphill traffic—not just for horses. ATV riders that meet hikers and mountain bikers coming from the opposite direction, must slow down, pull over, and yield the right-of-way. ATV riders that meet horseback riders coming from the opposite direction are required to stop, turn off their engines, remove their helmets to lessen the horse/s anxiety, and not make any sudden movements. • Mountain bikers are required to yield to all hikers and horseback riders, and except for ATV riders, yield to all uphill traffic. That means mountain bikers who are descending a trail must yield if they see a hiker, horseback rider or another mountain biker coming up the trail. ATV riders climbing a trail are required to stop and yield to all descending hikers, mountain bikers and horseback riders. • Hikers descending a trail yield only to other hikers or horseback riders coming up the trail. When hiking in a group, yield to single or pair hikers. Also when hiking in a group, hike in single file. • ATV riders yield to all hikers, bikers and horses. Bikers yield to all hikers and horses. And hikers yield only for horses, and hikers moving uphill. • Always be friendly, courteous and respectful to other trail users. • Regardless of your mode of travel, don’t hike or ride on muddy trails. • Many of the trails listed on this website have livestock gates. Users are asked to always leave the gate as they found it. But when in doubt, close the gate. Does homeowners insurance cover theft?Theft of any kind can be devastating for homeowners. Your home contains not only items with monetary value, but also items with emotional value for you and your family. That’s why having the right homeowners insurance policy is crucial in the unfortunate event of a break-in. If you have just experienced a theft or break-in, contact the police right away to file a report. Then, file a claim with your insurance company as soon as possible. Does homeowners insurance cover theft from a home?Typical homeowners (including renters and condominium) policies include coverage for your personal property. Loss due to theft is generally included as part of the personal property protection. This means that if an intruder breaks in and steals valuables from your home or detached structures, your home insurance should cover it. Most policies also include coverage for your property while it is away from the home, subject to limitations. However, the personal property limits are initially set as a percentage of your dwelling coverage, which determines how much your insurance provider can reimburse you for the theft. It’s important to set realistic limits based on the value of the items in your home so you don’t end up with a significant loss. In addition to our standard homeowners’ policy, Nationwide offers optional coverages, like Brand New Belongings, which pays to repair or replace your covered belongings without deduction for depreciation, regardless of age or condition, to provide you with extra protection in the event of theft. Does homeowners insurance cover ATV theft?No, your homeowner’s policy would not cover this. Comprehensive coverage, which is an optional coverage on your auto insurance policy, will cover this loss. Does homeowners insurance cover theft from an ATV?Comprehensive insurance will cover costs to the ATV resulting from a break-in, including vehicle repairs. Audio equipment that is permanently installed in your ATV is also covered. As for other valuables stolen from your ATV, your home, condominium insurance or renters’ policy may cover your loss. You should maintain adequate proof of ownership, such as a receipt. Your home, condominium or renters policy deductible will apply to any covered loss and any payments are not made until the deductible is met. Do I need insurance for my ATV?Yes. • State laws differ, but generally speaking, you must have insurance on your ATV if you ride anywhere besides private land If you race 4-wheelers or ATVs you will need to find a plan that specializes in this sort of use. Due to the added danger and risk associated with racing ATVs, you need to let your insurance agent know about your endeavors in order to receive the proper insurance product. In many states, if you use your 4-wheeler for commercial use, you will need to get commercial coverage that takes these factors into consideration. Regular ATV insurance will not be satisfactory if you give tours, lease out 4-wheelers, or use your ATV for any business endeavor. ATV Accident LiabilityAll-terrain vehicles, also known as ATVs, are kinds of vehicles that be driven through all kinds of terrains and surfaces. ATVs, although fun, have a higher center of gravity and a narrow wheel base that creates a high risk of rolling over, even on flat surfaces. This makes the chances of personal injury very high and approximately 75 percent of ATV accidents cause serious long-term damage to the head or spinal cord. Other injuries could include broken bones, crushed limbs and lacerations. In many states, not only is there no minimum age law to ride ATVs, there are no safety helmet laws either. Safety is really important when it comes to having fun on ATVs, but accidents do happen. An ATV accident is one that results in property damage, injury or death. These accidents can occur for many reasons, but with the risk of driving an ATV, most cases are due to the improper handling of the vehicle from the driver. Victims of ATV accidents cannot collect compensation unless they prove the accident occurred through negligence. To show an accident was due to someone else’s negligence, the incident must fall under at least one of the following criteria: Tooele Utah ATV Accident Lawyer Free ConsultationWhen you need legal help from a Tooele Utah ATV accident and injury lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Do I Have To Notify My Insurance Company Of A DUI? Financial Adviser Representation via Michael Anderson https://www.ascentlawfirm.com/atv-accident-lawyer-tooele-utah/ If all you do is draft a will, it might never be public record. If you die and you leave a will, it may become public record if your will is submited to a probate court. Estate planning can be an extremely complex matter, depending on the size and types of a person’s assets. Wills eventually become part of the public record via the probate court process. In response, private estate planning techniques, such as trusts, have arisen. Creation of the willDuring the creation of the will, everything remains confidential thanks to lawyer regulations and rules of evidence that maintain client confidentiality. Drafts of a will and the will itself may not be revealed by the attorney or his staff. Estate planning can be an extremely complex matter, depending on the size and types of a person’s assets. Wills eventually become part of the public record via the probate court process. In response, private estate planning techniques, such as trusts, have arisen. Storing the willAfter the will has been created, the testator i.e. the person that is the subject of the will is free to publish her will to the public. In a few states, she may also register her will. However, even if a will is registered, the contents remain private until death. Only the fact that a will exists would be available to the public. Estate planning can be an extremely complex matter, depending on the size and types of a person’s assets. Wills eventually become part of the public record via the probate court process. In response, private estate planning techniques, such as trusts, have arisen. Upon death and opening of a probate proceeding, which is necessary to process the will, the will becomes public record. With few exceptions, such as cases involving minors, probate court records are public records. This is why some families pass property via a trust rather than by will. Wills and other probate documents are public records, so you should be able to find them with a little detective work. Typically, you’ll need the deceased person’s name, date of death, and last residence. The process for finding will records will depend on where you are searching. Obtaining Records• Find the deceased person’s full legal name. You’ll need to search for a will or other probate records by name. Get their first and last name, at a minimum. Also look for their middle initial or middle name. Ask people who knew the deceased if they knew their full legal • Confirm the date of death. This is easy if you knew the person. If you aren’t 100% sure, you can look through newspapers and try to find a death notice. Other people may need to search the Social Security Death Index. The Death Index provides information for those who died after 1936 and who had a Social Security number. You can search the death index for free at different genealogy websites. Some will charge you money, so look around to find a free option. • Determine the last place of residence. Probate records are kept in different courts around the country. There is no one central repository, so you need to find out the county where the deceased last resided. • Find the probate index for the records you want. The index is the archive that holds the records. Do an Internet search to find the website for the archive. Many sites include holdings information, telephone numbers, and even addresses and directions to the probate court. Some sites may even allow you to view the records online. • Visit the probate court if you can’t find the records online. Once you have the probate index, you should contact the probate court in that county. Probate records are public records, but each court might have a slightly different process for obtaining access. Provide the clerk with the probate index and the deceased’s name so they can find the file. • Find the will or other document. The will should be near the front of the file, since the executor started the probate process by filing the will with the court. Other records may be scattered throughout the file, so go through it carefully to find what you need. • Check if you can make copies. There might be a coin-operated photocopier in the clerk’s office. Ask if you can make copies and how. You may need to use your smart phone to take pictures of the pages. Don’t try to walk out of the courthouse with the case file. Finding Will Records• Identify the deceased. You’ll search for wills by last name and the year of death. If you don’t know the year, look in newspapers or ask people who knew the deceased. As a last resort, you can guess different years of death. • Pay to order. You can pay with credit or debit card. It costs £10 for each record. After you order, it will take up to 10 working days for you to receive the requested records. • Submit an order through the post instead. You’ll need to download Form PA1S, which you can get. Complete the form and submit £10. Each additional copy costs £0.50. Pay with a cheque, postal order, or international money order. Write the name of the deceased person on the back of your payment. Submit the form and payment to the address provided on the form. How to Read a Will in Public RecordsThe terms of a last will and testament are private until the testator, or will maker, dies you cannot know the contents of a living person’s will unless he shows you. However, once the testator dies, the will’s executor files the document with the probate court. While courts sometimes restrict access to celebrities’ wills, you can review the vast majority of wills at the court clerk’s office. You can even read a celebrity’s will if you are a relative and have a reasonable hope or expectation of receiving a bequest. Viewing Wills in Probate• Determine the court in which the will is being probated. Locate the telephone number for the clerk of court and call for business hours. Ask whether probate documents are kept with general court filings. Obtain the exact street address of the probate document location. • Provide the court clerk with the name and date of death. He will obtain the probate case number and pull up the file. Follow his instructions as to where to sit or stand to review the file. • Review the will, one of the first documents in the probate file. Ask the court clerk to make copies of the document to review more fully at home. Pay the small per-page fee. Reviewing Archived Wills• Ask the court clerk where archived wills are stored in your county. Go there with the identifying information about the deceased. • Determine the appropriate procedure for locating the archived will. In some jurisdictions, the clerk locates the will for you using the information you provide. Alternatively, the clerk may send you to an index either alphabetical or by date and you access the information for yourself. • Review the archived will. Many courts keep original wills from many years back in binders organized by date, but newer wills will likely be in microfilm. Request copies of the will to review more carefully at home. The court charges a small per-page fee, or directs you to a self-service copier. Will is Personal Property While Owner is Alive. While someone is alive, his last will and testament is personal property. Usually, there will be a copy of the will stored with the individual’s attorney to be sent to the executor when the owner dies. The executor is responsible for making the will public for the sake of the named beneficiaries. Some states require an executor to make the will public in probate court. Unfortunately, due to greed or unforeseen circumstances, the normal process may be difficult to establish. It is wise for an individual, who may be a beneficiary, to get a copy of the will for personal reasons due to emotional attachment to the deceased and legal reasons to protect the rights of inheritance. The probate court is responsible for distribution of certain financial assets of the deceased person’s estate. Once the executor delivers the will to the probate court, the will becomes a matter of public record. Anyone can make a telephone call, send a fax or write a letter to the appropriate probate court to receive a copy. The probate court in the place where the deceased person had his residence or in which he owned property has jurisdiction. Many probate courts will have online websites where a beneficiary can search using the deceased person’s name. Probate court is not necessary for the distribution of certain types of financial assets, like joint accounts and insurance. These can be transferred directly to the beneficiaries. Thus, if all of the deceased’s property consists of non-probate financial instruments, then probate legal action is not necessary. If the will has not been sent to probate, then the beneficiary should contact the executor of the will to receive a copy. The executor has a legal duty to make the will known to beneficiaries. Named beneficiaries have the legal right to see the will and can initiate a lawsuit to enforce said right. Any person over the age of majority and having “testamentary capacity” (i.e., generally, being of sound mind) can make a will, with or without the aid of a lawyer. Additional requirements may vary, depending on the jurisdiction, but generally include the following requirements: • The testator must clearly identify themselves as the maker of the will, and that a will is being made; this is commonly called “publication” of the will, and is typically satisfied by the words “last will and testament” on the face of the document. • The testator should declare that he or she revokes all previous wills and codicils. Otherwise, a subsequent will revokes earlier wills and codicils only to the extent to which they are inconsistent. However, if a subsequent will is completely inconsistent with an earlier one, the earlier will is considered completely revoked by implication. • The testator may demonstrate that he or she has the capacity to dispose of their property (“sound mind”), and does so freely and willingly. The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries). There may be extra witnesses; these are called “supernumerary” witnesses, if there is a question as to an interested-party conflict. Some jurisdictions have long abolished any requirement for witnesses. In Utah, it requires both attestations by two witnesses as well as notarization by a notary public. Holographic wills generally require no witnesses to be valid, but depending on the jurisdiction may need to be proved later as to the authenticity of the testator’s signature. If witnesses are designated to receive property under the will they are witnesses to, this has the effect, in many jurisdictions, of either disallowing them to receive under the will, or invalidating their status as a witness. In a growing number of states however, an interested party is only an improper witness as to the clauses that benefit him or her. • The testator’s signature must be placed at the end of the will. If this is not observed, any text following the signature will be ignored, or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator’s intentions. One or more beneficiaries (devisees, legatees) must generally be clearly stated in the text, but some jurisdictions allow a valid will that merely revokes a previous will, revokes a disposition in a previous will, or names an executor. There is no legal requirement that a will be drawn up by a lawyer, although there are pitfalls into which home-made wills can fall. The person who makes a will is not available to explain him or herself, or to correct any technical deficiency or error in expression, when it comes into effect on that person’s death, and so there is little room for mistake. A common error, for example, in the execution of home-made wills in Utah is to use a beneficiary (typically a spouse or other close family members) as a witness which may have the effect in law of disinheriting the witness regardless of the provisions of the will. A will may not include a requirement that an heir commit an illegal, immoral, or other act against public policy as a condition of receipt. In community property jurisdictions, a will cannot be used to disinherit a surviving spouse, who is entitled to at least a portion of the testator’s estate. In some States, children may be disinherited by a parent’s will, except in Utah, where a minimum share is guaranteed to surviving children except in specifically enumerated circumstances. Estate Planning Attorney Free ConsultationWhen you need legal help with estate planning in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you with wills, trusts, probate and estates.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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ATV Accident Lawyer Ogden Utah via Michael Anderson https://www.ascentlawfirm.com/is-a-persons-will-public-record/ If you are facing foreclosure speak to an experienced Herriman Utah foreclosure lawyer. Chances are you may be a victim of subprime lending. For example, even today, in an age where consumers can buy their credit report on the Internet, many consumers do not have a good understanding of the implications of their credit history before they start shopping for mortgages. In the best-case scenario—where prime borrowers shop for credit in the prime market—the customer may settle upon one lender she believes is reasonable and start the application process, during which the lender obtains the customer’s credit report. This provides the lender with an informational advantage because it has had the opportunity to scrutinize the customer’s credit history to determine the mortgage terms for which the customer qualifies. The lender can then attempt to capitalize on its informational advantage by offering less favorable terms or, alternatively, by giving the customer the terms she requests, rather than giving her the “best deal.” The end result of a lender’s information advantage, while potentially bad in the prime market, is much more devastating in the subprime market. Indeed, many customers in the subprime market do not even initiate the loan process themselves (particularly in the case of refinance and home-equity loans). In these cases, the lenders themselves initiate the process through the use of push-marketing tactics. Furthermore, under the Fair Credit Reporting Act, a borrower’s credit history needs to be disclosed only if she is rejected (15 U.S.C. 1681(m)). This post application disclosure is designed to address concerns with credit discrimination, and is an insufficient deterrent for predatory lenders who are more likely to provide an abusive loan than deny an application outright. Predatory lenders routinely steer “families to higher-cost loans whenever they thought there was a chance they could get away with it.” The most extreme cases of informational asymmetry occur when borrowers who could actually qualify for loans in the prime market instead apply for loans with subprime lenders. The chances of a prime customer incorrectly self-sorting into the subprime market appear greater than ever, as underwriting criteria have become increasingly complicated, including not only traditional factors such as loan-to-value and debt-to-income ratios, but additional factors such as income potential and stability, and timely payment of utility bills and rent. Since lenders have no legal obligation to inform borrowers of their prime status or refer them to prime lenders, these borrowers wind up paying substantially more for credit. Moreover, even if borrowers accurately evaluate their creditworthiness beforehand, they still face an informational disadvantage in the subprime credit market with regard to their knowledge of relevant interest rates and fees. While the Internet has diminished this disadvantage to some extent for prime borrowers, those who respond to mail, phone, or television solicitations for subprime loans are once again at an informational disadvantage because the advertised interest rate will in all likelihood no longer be the “true” rate by the time the customer responds to the advertisement. In fact, customers most likely expect the actual interest rate to be different. Unfortunately, even if the customer knows the actual interest rate will differ from the advertised one, the customer is ill-equipped to figure out what her proper rate should be because such advertisements usually do not provide enough information to do meaningful comparison-shopping. So the customer is likely either to (a) believe her rate will not necessarily be the same, but will be “close” to what is advertised, or (b) believe the advertised rate is a “special” low rate that she should insist on receiving—even though, unbeknownst to her, her “proper” rate may be much lower than the advertised one. This price uncertainty leads to suboptimal outcomes for borrowers because it creates yet another opportunity for lenders to exploit their customers. One distinction between predatory lenders and legitimate ones is that predatory lenders choose to exploit their informational advantage on “subprime” borrowers who, due to a host of factors including a lack of previous experience with conventional lending markets, may be perceived as being less financially sophisticated than “prime” borrowers. Three types of lenders—prime, subprime, and predatory—can be defined as follows. Prime lenders are lenders who deal exclusively with “prime” customers—customers who have very good credit histories and are presumed to be financially savvy, and thus not easily exploited. Subprime lenders include lenders who cater to customers who may or may not be financially sophisticated but in most cases have blemished credit histories that preclude them from obtaining credit in the prime credit market. Predatory lenders seek to do business with customers who have blemished credit and who are not financially sophisticated, two characteristics that together make such customers prone to exploitation. These three categories of lenders are not mutually exclusive, because predatory lenders are mainly a subset of subprime lenders. (Of course, specific lenders may at various times assume all three identities.) What sets predatory lenders apart is that legitimate subprime lenders seek to do business with this group of borrowers on a more or less fair basis, while predatory lenders knowingly seek to do business with subprime borrowers on an exploitative basis. Prime lenders may engage in all of the above types of competition. Casual observations suggest that subprime lenders, on the other hand, are less likely to compete in terms of price than prime lenders but more likely to compete in terms of quantity (offering guaranteed loan approval to boost loan volume, for example) or product differentiation—touting their ability to make a loan to fit the specialized, nonstandard situation of the borrower with blemished credit. The mortgage process usually proceeds as follows. The lender, either directly or through a mortgage broker, originates the loan to the borrower. The lender packages the loan with other mortgage loans and sells the loans to a securitizer in the secondary market, and receives payment. The lender may also choose to sell the rights to servicing the loans to the securitizer as well (or to another entity), or the lender may keep the servicing rights and service the loan itself. At this point, if the lender has sold off both the loan and the servicing rights, the lender is seemingly out of the picture, because it has already received its profit. All future cash flows from loan repayment are collected by the servicer, who passes them on, minus its fee, to the MBS investors. Under normal circumstances, there is no problem for the borrower with this process. On the other hand, if the loan is predatory, the process can give rise to significant borrower concerns. For example, suppose the loan (1) charged an interest rate that was overpriced relative to the borrower’s risk of default, given that the borrower qualified for a prime loan, (2) charged an excessive origination fee and additional discount points, (3) was a brokered loan that was originated at a higher interest rate than the lender required—thus netting a (yield spread) premium for the broker (4) contained an abusive subprime prepayment penalty, and (5) charged an interest rate that was increased further still by mortgage servicing rights that were overpriced relative to the expected costs of servicing the loan, given that the borrower qualified for a loan in the prime market, where servicing fees are lower. (Typical prime servicing fees are 25 basis points (0.25 percent), while subprime fees (including fees on FHA/VA loans) are typically much higher.) Who profits excessively from this loan? The answer is, of course, everyone. Let us divide the spoils: • The lender gets a higher selling price for the loan in the secondary market as a result of the higher interest rate and extra profit from the excessive front- and back-end fees. Here, typical deductive reasoning might suggest that if one were asked “Who is liable for the harm caused to this borrower of the predatory loan?,” the answer would logically be, at least to some extent, everyone, because all parties had a hand in the excessive charges from the loan. In fact, however, under the “holder in due course” doctrine, a borrower typically could only pursue a claim of abusive lending practices against the original broker. Borrowers should be especially concerned when the sole liable party is the broker. Mortgage Brokers and Third-Party LendingMortgage brokers reportedly account for one-half of all subprime home loan originations. Mortgage brokers usually choose the mortgage lender and the terms of the mortgage for the customer. For this reason, customers typically perceive mortgage brokers as their “agent” and expect their broker to act in their best interests. Brokers introduce the opportunity for yet another market imperfection, what is referred to as the “principal-agent problem” in economics. The agency problem in this case is that the customer (principal) pays the broker (agent) either directly or indirectly, or both, to act in her best interest by securing a suitable mortgage loan, yet the customer cannot completely monitor the actions of the broker. This lack of monitoring provides the broker with an opportunity to operate in conjunction with a third party (the lender) to take advantage of the customer. An additional complication is that the amount of payment the broker receives is determined not by the borrower but by the lender, through the payment of a yield-spread premium. While it is preferable (in theory) from an efficiency standpoint to allow customers to “contract out” the job of obtaining the mortgage to professionals with greater expertise than theirs, this arrangement allows abusive brokers to steer unsuspecting borrowers into bad loans, aided and abetted by lenders willing and able to pay extravagant yield-spread premiums. Furthermore, in reality, brokers probably see themselves as agents of the lender rather than the broker, thus leaving the consumer even more vulnerable to abuse, as the consumer has no one to act reliably in her best interest. This example illustrates how the specialization of tasks involved in the mortgage process can lead to larger and more efficient credit markets, on one hand, but at the same time create greater pitfalls and problems for vulnerable borrowers. Consequently, not only do mortgage brokers represent a double-edged sword in the home ownership battle, but they make it more difficult to hold accountable the perpetrators of predatory lending. Borrowers seeking a remedy find that brokers typically have substantially fewer assets than lenders (one recent study put the average size of brokerages at ten employees) and are more likely to go out of business and be judgment proof. When this is combined with the holder-in-due-course doctrine, borrowers may find themselves without the ability to hold anyone responsible for the damages they have suffered. The unintended consequences of deregulation and increased market efficiency create a legal conundrum. Deregulation and specialization in modern capital markets push economies toward even more specialization, which economic theory suggests will lead to greater market efficiency because deregulation presumably gives each participant in the market the latitude to do what it does best. Yet specialization also makes it harder to track down the sources of abuse in capital markets because everyone can point the finger at someone else. Laws help, of course, but to be most effective, they have to be tailored to the ways in which lending markets operate in particular submarkets. If you are facing foreclosure, chances are you are a victim of fraud by the mortgage company or your mortgage broker. Contact an experienced Herriman Utah foreclosure lawyer today to know how you can protect your rights. Herriman Utah Foreclosure Attorney Free ConsultationIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Do You Qualify For A Chapter 13 Bankruptcy? via Michael Anderson https://www.ascentlawfirm.com/foreclosure-lawyer-herriman-utah/ Someone could get an impaired driving charge but there could be no accident, when you’re pulled over on a roadside stop, there’s no accident, and the insurance company may not necessarily be notified. In order for your insurance company to find out about your non-accident related DUI charges, the company needs to order a report of your driving record from the Utah DMV, which is typically something that it’ll do when it’s time to renew your policy. And even then, it’s not always guaranteed that this will happen every single year especially if you have an otherwise clean record. Specifically where you’ve had someone who’s been a client of the same insurance company for a number of years and hasn’t had any accidents or claims, and hasn’t done anything to draw attention to them, the insurance company may not be ordering a report on that driver. if you get into an accident and need to make a claim, that’s an entirely different situation. Claims adjuster will ask about the accident, and seek out details and you can’t lie. At the moment, the Utah police force posts the first and last names of drivers that have been charged with impaired driving, along with their age, location, and crime. Unless there’s a driver’s license number associated with it, there’s nothing the insurance company can do with it. Unless the police start releasing more information, or they make a concerted effort to work directly with auto insurers, it’s not likely that your insurance company would be able to connect you with the name displayed on the police website. The impaired conviction remains on your Utah driving record for at least three years, and the license suspension that accompanies the conviction remains on your record for up to six years. The Utah car insurance application requires drivers to disclose any license suspensions within the last six years, which will require you to notify the insurer of the impaired driving conviction. To return to paying normal car insurance rates, you’re going to have to wait up to six years after the impaired conviction. As soon as your auto insurance company learns that you’ve been convicted of driving while intoxicated, they’ll apply a major surcharge to your policy. While this may occur on the first renewal date after your conviction, it’s possible that they’ll levy the charge retroactively to cover the period during which you hid your conviction. Alternatively, your state may require you to notify your provider immediately after your conviction. In most jurisdictions, you need to obtain an SR-22 form from your insurance company in order to retain your driving privileges once your DUI-related license suspension period ends. It’s unlikely that you’ll be able to request an SR-22 from your insurer without alerting them of your recent conviction. Once your DUI is a matter of record, you’ll endure years of artificially high premium payments. You won’t be able to do much about this: Whereas safe drivers can switch insurance companies freely to take advantage of promotions, deals and novel policy features, high-risk drivers who wish to switch insurance companies must contend with fees and red tape. Once you have a DUI on your record, it’s unlikely that you’ll find a better deal with another provider. In most states, your DUI will remain visible to your insurance company for five years. Unfortunately, this is not the case everywhere. In Utah, your DUI conviction will remain active on your driving record for an entire decade. You can mitigate the financial impact of your DUI in several ways. First, figure out exactly when your DUI conviction will drop off of your driving record. Unless you take out a new insurance policy each month, it’s unlikely that this will occur immediately before your policy is up for renewal. To avoid paying hundreds of dollars more than you should, call your insurance company a few days before the five-year anniversary of your conviction and ask your agent to recalculate the cost of your DUI-free policy. If you sell your car after your conviction, cancel your current policy and obtain operator-only insurance. This type of coverage permits you to drive without permanently tying you to an actual vehicle. Alternatively, you can purchase low-cost proof of insurance from an online provider. While it may not provide much protection in an accident, this type of coverage is legal and may save you hundreds of dollars per year. The costs associated with a DUI or DWI conviction continue long after your court case has finalized. In fact, one of the most significant expenses comes in the form of higher car insurance premiums. Although it’s almost impossible to avoid a hike in your insurance rates after a DUI, there are steps you can take to keep your premiums affordable. Strategies To Save On Auto Insurance After A DUI• Take A Defensive Driving Course: Depending on your state, driving record, and your specific charges, you may be ordered by the court to take a defensive driving course. Even if you are not required to do so, it might be a good idea if your insurance company offers discounts for taking such a course. If your current insurer does not offer this discount, try to find a car insurance company that does and perhaps one that is more lenient to drivers who have a recent drunk-driving conviction. • Bundle Your Insurance: If you have other types of insurance with a company besides your car insurance provider, it may be in your best interest to merge. Many insurers offer multiline discounts to policyholders who have multiple types of insurance with them. • Increase Your Deductible: Your deductible is the amount of money you will have to pay after an accident before your insurance company pays out. Deductibles can range from $0 to $1,000 and beyond. Lower deductibles typically translate into higher insurance premiums and vice versa. As such, if your insurance rates increased after being convicted of DUI, you may be able to lower them by opting for a higher deductible. A higher deductible might increase your financial liability, but it’s far better than driving without insurance after a DUI. • Lower Your Coverage: It goes without saying that the types of coverage you carry and their limits will have a major impact on your insurance rates. If you want to get your premiums reduced after a DUI, consider opting for less coverage. • Install Safety Features In Your Car: If your car doesn’t already have features like an alarm, antitheft devices, antilock brakes, and automated seat belts, it may be time to look into getting them installed or buying a new car that comes with them. These features lower the risk of filing a claim and reduce the value of the average claim in the event of an accident, so insuring a vehicle with the latest safety features typically costs less. • Be Careful With Your Driving Moving Forward: Your insurance rates are ultimately determined by the likelihood that you will file a claim. That likelihood statistically increases after a DUI conviction, which is why your premiums increase. If you want to get your rates reduced, you will need to prove to your insurance company that you aren’t a high-risk driver. The easiest way to do this is to avoid accidents and traffic infractions for several consecutive years. • Opt For Paperless Billing: If you haven’t gone paperless, find out if your insurance company would offer you a discount for doing so. Paperless billing tends to be cheaper for insurance carriers, so many of them offer financial incentive to drivers who make the switch. If you’ve taken these steps but you’re still unhappy with your insurance rates, consider switching to a different provider. Each insurance company takes a different approach to calculating premiums, so you might be able to find a carrier who is more lenient on drivers with a DUI conviction. Unless the DMV has ordered you to obtain an SR 22, a Utah Insurance Proof Certificate, you do not have to report your DUI to your insurance company. Although it might not feel like it right now, you are still innocent until proven guilty. A DUI arrest does not equal a DUI conviction. However, in certain cases, the Utah DMV will require you to provide proof of insurance with an SR 22 form. If your driver’s license was suspended because of a DUI-related offense, you will be required to contact your car insurance company for an SR 22 before it is reinstated. This certificate proves that you meet the state’s minimum auto insurance coverage requirements. Your insurance company will probably charge you a $15 or $20 fee, and then forward the SR 22 to the DMV. While this form satisfies the state’s insurance requirements, it also serves as a red flag for insurance companies. In all likelihood, merely asking for an SR 22 will immediately get you flagged as a high-risk driver for at least 10 years to come. As described above, your car insurance company can’t immediately raise your rates or drop your policy, but they can and usually will once your policy term ends. If you hire a criminal defense attorney after a DUI arrest, you may hear about the “15/30/5” rule. This refers to the minimum auto insurance coverage you are required to have under Utah insurance law. So what is the 15/30/5 rule? • Your auto insurance liability coverage must pay at least $15,000 for an individual you injure or kill on the road In the early 1990s, before ignition interlock devices were used in all 50 states, researchers found that between 50 – 70% of drunk drivers continued to drive on their suspended license. Sadly, many DUI defendants are repeat offenders. Law enforcement agencies believe the average DUI offender drives drunk 80 times before his or her first arrest. Because of this, most DUI laws in Utah were designed with chronic drunk drivers in mind. While this has led to declining drunk driving rates around the country, it has also led to the stigmatization of countless upstanding citizens, who have had their lives turned upside down because a single mistake that ended in a drunk driving arrest. Car insurance companies don’t always find out about an individual’s DUI record. These offenses only stay on your record for 10 years, and you would be surprised how often the infamous Utah bureaucracy renders a DUI offense invisible through things like computer errors. Sometimes cases do slip through the cracks, and the DMV and court system is full of cracks. While you wouldn’t be the first person to have a DUI vanish from your record through a lucky accident, this isn’t something you can count on. Computer records make this increasingly unlikely. If you’re worried about how a DUI arrest will affect your car insurance premiums, employment prospects, criminal record, or any other aspect of your life, you deserve a criminal defense attorney who is willing to fight for you. DUI Lawyer Free ConsultationWhen you need legal help to defend against a DUI in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Foreclosure Lawyer Midvale Utah via Michael Anderson https://www.ascentlawfirm.com/do-i-have-to-notify-my-insurance-company-of-a-dui/ Ogden is a city and the county seat of Weber County, Utah, United States, approximately 10 miles (16 km) east of the Great Salt Lake and 40 miles (64 km) north of Salt Lake City. The population was 84,316 in 2014, according to the US Census Bureau. The city served as a major railway hub through much of its history, and still handles a great deal of freight rail traffic which makes it a convenient location for manufacturing and commerce. Ogden is also known for its many historic buildings, proximity to the Wasatch Mountains, and as the location of Weber State University. Ogden is a principal city of the Ogden–Clearfield, Utah Metropolitan Statistical Area, which includes all of Weber, Morgan, Davis, and Box Elder counties. The 2010 Census placed the Metro population at 597,159. In 2010, Forbes rated the Ogden-Clearfield MSA as the 6th best place to raise a family. Ogden has had a Sister City relationship to Hof (Germany) since 1954. Originally named Fort Buenaventura, the city of Ogden was the first permanent settlement by people of European descent in the region that is now Utah. It was established by the trapper Miles Goodyear in 1846 about a mile west of where downtown Ogden is currently located. In November 1847, Fort Buenaventura was purchased by the Mormon settlers for $1,950. The settlement was then called Brownsville, after Captain James Brown, but was later named Ogden for a brigade leader of the Hudson’s Bay Company, Peter Skene Ogden, who had trapped in the Weber Valley a generation earlier. The site of the original Fort Buenaventura is now a Weber County park. Ogden is the closest sizable city to the Golden Spike location at Promontory Summit, Utah, where the First Transcontinental Railroad was joined in 1869. The Defense Depot Ogden Utah operated in Ogden from 1941 to 1997. Some of its 1,128 acres (456 ha) has since been converted into a commercial and industrial park called the Business Depot Ogden. Ogden is located at 41°13′11″N 111°58′16″W / 41.2196°N 111.9712°W (41.2196, −111.9712), at the foot of the Wasatch Mountains. According to the United States Census Bureau, the city has a total area of 26.6 square miles (69.0 km2), all land. Elevations in the city range from about 4,300 to 5,200 feet (1,300 to 1,600 m) above sea level. The Ogden and Weber Rivers, which originate in the mountains to the east, flow through the city and meet at a confluence just west of the city limits. Pine view Dam is located in the Ogden River Canyon 7 miles (11 km) east of Ogden. The reservoir behind the dam provides over 110,000 acre feet (140,000,000 m3) of water storage and water recreation for the area. Prominent mountain peaks near Ogden include Mount Ogden to the east and Ben Lomond to the north. Ogden experiences a dry summer continental climate (Köppen climate classification). Summers are hot and dry, with highs frequently reaching 95 °F (35 °C), with a few days per year reaching 100 °F (38 °C). Rain is provided in the form of infrequent thunderstorms during summer, usually between mid-July and mid-September during the height of monsoon season. The Pacific storm season usually lasts from about October through May, with precipitation reaching its peak in spring. Snow usually first occurs in late October or early November, with the last occurring sometime in April. Winters are cool and snowy, with highs averaging 37 °F (3 °C) in January. Snowfall averages about 22 inches (0.56 m), with approximately 23.67 inches (601 mm) of precipitation annually. Extremes range from −16 °F (−27 °C), set on January 26, 1949, to 106 °F (41 °C), set on July 14, 2002. As of the census of 2000, there were 77,226 people, 27,384 households, and 18,402 families residing in the city. The population density was 2,899.2 people per square mile (1,119.3/km2). There were 29,763 housing units at an average density of 1,117.4/sq mi (431.4/km2). The racial makeup of the city was 79.01% White, 2.31% African American, 1.20% Native American, 1.43% Asian, 0.17% Pacific Islander, 12.95% from other races, and 2.93% from two or more races. Hispanic or Latino of any race were 23.64% of the population. There were 27,384 households out of which 35.2% had children under the age of 18 living with them, 48.4% were married couples living together, 13.1% had a female householder with no husband present, and 32.8% were non-families. 26.2% of all households were made up of individuals and 9.6% had someone living alone who was 65 years of age or older. The average household size was 2.73 and the average family size was 3.32. In the city, the population was spread out with 28.8% under the age of 18, 14.6% from 18 to 24, 29.0% from 25 to 44, 16.3% from 45 to 64, and 11.3% who were 65 years of age or older. The median age was 29 years. For every 100 females there were 102.3 males. For every 100 females age 18 and over, there were 100.5 males. The median income for a household in the city was $34,047, and the median income for a family was $38,950. Males had a median income of $29,006 versus $22,132 for females. The per capita income for the city was $16,632. About 12.6% of families and 16.5% of the population were below the poverty line, including 20.2% of those under age 18 and 9.3% of those ages 65 or over. In 2012, the most recent year for which complete statistics are available, the Consumer Product Safety Commission reported that 505 adults and 68 children lost their lives in accidents involving all-terrain vehicles (ATVs). Thousands more suffered debilitating injuries, making ATV accidents a common source of personal injury litigation. ATV Accident AttorneyATVs are designed to be used on many different types of terrain. They are typically made for a single rider, with a seat and handlebars mounted on low pressure tires. Most ATVs have four wheels, but three- and six-wheel models are also available. ATVs can weigh up to 1,000 pounds and reach speeds of up to 45 miles per hour. ATVs are most often thought of as recreational vehicles, but they are also used heavily in farm settings to tend to livestock, haul supplies, and inspect property boundaries. Utah law allows ATVs and other off-road vehicles on the shoulders of public roads or highways, except interstate highways, from 30 minutes after sunrise to 30 minutes before sunset, with incidental crossing of public roads or highways as needed. Causes of ATV AccidentsSome of the most common causes of ATV accidents include: Types of InjuriesIn an ATV accident, the vehicle typically flips or rolls. This can result in the rider being pinned beneath it. Injuries from an ATV accident can result in permanent disability or death. Common examples of ATV injuries include: Liability for InjuriesThere are many different circumstances that can affect who is liable for injuries suffered in an ATV accident. Potentially responsible parties include: • ATV rental agency A wrongful death claim is a type of personal injury case filled by the surviving family of someone who died in an accident caused by another party’s negligence. A wrongful death claim can include compensation for: Punitive damages can be awarded in both personal injury and wrongful death claims, but only in cases of especially egregious misconduct such as causing an accident while severely intoxicated. Punitive damages aren’t intended to compensate for a specific loss but, rather, to serve as a deterrent for future bad behavior on the part of the defendant. The Value of Legal RepresentationSince ATV accidents can involve serious injuries and multiple potential defendants, seeking the assistance of an experienced personal injury attorney is strongly recommended. A skilled attorney can help determine financial responsibility for the accident, assess the value of the case, gather necessary evidence, contact applicable expert witnesses, and negotiate with the insurance company on your behalf. Personal injury claims are accepted on a contingency fee basis, which means the attorney is paid a portion of the settlement as the fee for his services. This allows you to obtain quality representation with no upfront expense. If you or a family member has been injured in an ATV accident you need to speak with an experienced personal injury attorney as soon as possible. What Benefits Can An ATV Accident Lawsuit Bring Me?An ATV accident can bring financial compensation for damages, including medical expenses, lost wages, and property damage. In states with no-fault insurance laws, the help of a personal injury lawyer is necessary to maximize your chances of receiving fair compensation. If responsible parties are correctly identified, an ATV accident lawsuit can bring monetary compensation that covers different damages sustained by victims. You may receive compensation for damages including but not limited to: The Risks And Dangers of ATV AccidentsThe most common types of ATV accidents involve flipping or rolling. ATVs are less stable than other kinds of motor vehicles, and are not meant to be driven on regular pavement, making them particularly dangerous. TBI can occur as a result of the head hitting an object or the road, or when an object pierces the skull and enters into the brain tissue. Over half of the people with TBIs will have to undergo surgery to repair or remove hematomas or contusions, and depending on the severity, the injury can result in a coma or permanent vegetative state. Pursuing Damages After an ATV AccidentAccident survivors often sustain life-changing injuries that necessitate emergency medical assistance, costly surgeries, and long-term rehabilitation services. Most people cannot afford these medical bills without going into debt, especially when their respective conditions prevent them from holding gainful employment. Fortunately, an accident survivor may have grounds to file a claim and pursue compensation that alleviates their injury-related debts and financial burdens. When you contact a Lawyer, He can review the circumstances of your case, determine the negligent parties, and help you file an effective claim and at the same time, you may be able to recover damages that account for your existing and projected medical expenses, pain and suffering, loss of earning capacity, and more. Medical treatment for ATV-related injuries can be costly and may involve rehabilitative therapy. In many cases, these injuries can affect the rest of a victim’s life. If you have suffered a life-changing injury as a result of an ATV accident, do not hesitate to contact a lawyer around you. With over 1,000 satisfied clients and our contingency fee policy, you can trust that we will explore every possible avenue available to bring your case a satisfactory outcome. For legislation purposes, an “off-road vehicle” is considered to be: Should your ATV have its own insurance policy?The laws surrounding who can drive off-road vehicles are clearly laid out in the Act. Children are permitted to drive off-road vehicles, with certain conditions. Children under the age of 12 can drive an off-road vehicle if they are on the land owned by the owner of the vehicle, and under the close supervision of an adult. This means that no child under the age of 12 can drive an off-road vehicle off the property of the owner of the off-road vehicle. Children under the age of 16 can drive an off-road vehicle off of private property with a valid G2 or M2 license. All off-road vehicles must have license plates, and drivers must have an issued permit, by the Ministry of Transportation. Off-road vehicles may not be driven on highways, unless the driver has a valid driver’s license. All off-road vehicles must also be insured by a valid insurance policy. Like when you are driving a car, evidence of insurance and ownership must be made available when using the vehicle. Failure to provide proof of insurance or ownership may result in a warning, fine or order to produce within a certain time frame. The only time this is not required is when the vehicle is being driven on private property owned or operated by the owner of the off-road vehicle. Basic rules for off-road vehicles Ogden Utah ATV Accident Attorney Free ConsultationWhen you need legal help for an ATV accident in Ogden Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Federal Employment Discrimination via Michael Anderson https://www.ascentlawfirm.com/atv-accident-lawyer-ogden-utah/ Divorce simply dissolves the legal contract between the parties and it is usual to resolve financial issues between a couple at the same time, invoking the powers of the court to vary property rights if they cannot be resolved by agreement. This means that the ownership by a husband or wife of a house, shares or money in a building society or bank can be varied by the court when it decides how the financial claims are to be met. Under Utah law, besides divorce, there is another way to legally end a marriage. It’s called annulment. AnnulmentSometime if you want to end your marriage, you need not apply for a divorce. You may qualify for annulment of your marriage. Speak to an experienced Utah annulment attorney to know if you can annul your marriage instead of filing for a divorce. Generally speaking, an annulment is a court decree of order that declares a marriage to be null and void. The court will pass an order annulling the marriage if it finds that the marriage is invalid. An annulment is different from a divorce. A divorce legally ends a valid marriage. Once a court annuls a marriage, it is as if the marriage never existed. Once the marriage is annulled, the partners are legally single again and can remarry. However just like in a divorce, the annulment court will decide on the issues of alimony and if there are children from the marriage, the court will decide on the issues of child custody and child support. If you are seeking to annul your marriage, consult an experienced Utah attorney. Legal SeparationPeople often think of annulment as a form of legal separation. Annulment is different from legal separation. A divorce legally dissolves the marriage. A legal separation doesn’t dissolve all marriage ties, but it does declare that the couple no longer live as husband and wife. It also declares that they no longer will be responsible for each other’s debts. In Utah, you can end your marriage either by divorce or annulment. However not all marriages can be annulled. Speak to an experienced Utah annulment attorney to know if you can end your marriage by annulment. When a marriage is terminated by a divorce, it means that there was a legally valid marriage which existed at one time but has subsequently been dissolved by an order of the divorce court. When a marriage is annulled, it means that the marriage never legally existed. Under Utah law, marriages invalid from the very beginning can be annulled. Grounds for AnnulmentNot all marriages qualify for termination by annulment. There must be a valid ground for annulment. Under Utah law, a marriage can be annulled on the following grounds: • Fraud – One spouse hid some information or lied to the other spouse about something that directly affects the marriage relationship between the two. If you are seeking to annul your marriage for fraud in Utah, speak to an experienced Utah annulment attorney. Getting a marriage annulled on the grounds of fraud is a complex process. Courts will only grant annulment in case of an extreme fraud. The fraud must be one that would have prevented the other spouse from entering into that marriage had that spouse know of the fraud. The fraud must have a direct connection with the marriage. • A marriage can be annulled on the grounds of incest. The following marriages can be annulled on the grounds of incest: Filing In Court For An AnnulmentThe process of applying for annulment begins with the filing of the compliant for annulment. You must meet the residency requirements under Utah law to be eligible for filing a complaint for annulment. Under Utah law, either spouse must have lived in the county for at least ninety days. The compliant for annulment must be filed in the district court of that county. The grounds for annulment must be clearly set out in the compliant for annulment. Don’t just use a fill in the blanks compliant for annulment form that you can download from the web. Consult an experienced Utah annulment attorney for filing a complaint for annulment. Besides the legal grounds for annulment, the complaint for annulment must also list the issues on which you want the court to pass order such as alimony, child custody, visitation rights and child support. Once your complaint for annulment is filed in the proper court, the compliant must be served on your spouse. The court will then schedule a hearing. During the hearing the judge will go through the evidence that you have filed in support of your compliant for annulment and then pass an order. Annulment under Utah law is not automatic. You must prove the grounds on which you are seeking annulment of your marriage. Effects of AnnulmentIf the complaint for annulment is allowed, the judge will pass an order annulling the marriage. Once the order is passed, it is as if the marriage never existed for all legal purposes. The spouses are single once again. However, the children from an annulled marriage will be considered the legal and legitimate children of the spouses from the annulled marriage. The court will also pass orders on alimony, child custody, visitation and child support. Annulment of a marriage does not free the spouses from their responsibilities towards the children from the marriage. Once a marriage is annulled for all legal purposes, it will be as if the marriage never existed. However, this does not relieve the spouses from the responsibility of alimony. If one of the spouses seeks alimony, the court will determine the amount of alimony and pass orders for payment of alimony. The alimony order passed in an annulment proceeding will have the same effects as one passed in a divorce proceeding. The law does not discriminate between alimony passed in an annulment proceeding from one passed in a divorce proceeding. In the eyes of law, an alimony order is an alimony order and it does not matter whether it is passed in an annulment proceeding or a divorce proceeding. Failure to pay the alimony can result in serious consequences. Alimony or “maintenance” is a payment made by one former spouse to the other to reduce the latter’s financial hardships after a divorce. Women who have never worked outside the home during a lengthy marriage often are awarded monthly or annual alimony after divorcing. The recipient of the alimony doesn’t need to have legal custody of minor children to receive it, as payments are separate and distinct from child support. Nothing prevents a court from awarding both child support and alimony. Annulment of a marriage does not deprive the spouses of their rights to child custody, child support, visitation and alimony. Parents have a legal responsibility to provide support for their children from the marriage. After annulment, for all purposes, its like the marriage never really existed but that does not free the spouses from their legal obligations towards the children from the marriage. If the court has ordered payment of child support, the parent ordered to pay the support must make the payments. Failure to do so can result in wage garnishment and other collection activities. Child SupportChild support is an amount of money that the noncustodial parent is required to pay to fulfill his or her legal support obligations. Usually these payments are made to the custodial parent, although they may be made through the divorce court. Child support must cover food, clothing, shelter, medical expenses, and education. Usually the court will decide on the amount of child support. The actual amount depends on how much each parent earns, the number of children in the family, its standard of living, and any child’s unique physical, educational, and psychological needs. Utah has “child support guidelines” that set the appropriate amount. Parents can agree on a figure, but if they do, it must be court approved. A non custodial parent in Utah is not relieved of his or her child support obligations in the event of an annulment of marriage if the court refuses to grant visitation rights. Child support must be paid by the noncustodial parent regardless of whether visitation rights are granted. If you are seeking child custody or child support from an annulled marriage, seek the assistance of an experienced Utah divorce attorney. Deciding on annulment or divorceNot all marriages qualify for an annulment under Utah law. If your marriage does not qualify for annulment under Utah law, speak to an experienced Utah divorce attorney. The attorney can review your circumstances and advise you of your options. Generally you will be eligible to file for a divorce. Under Utah law, you can file for a divorce on “no fault” grounds – irreconcilable difference between the spouses. An Utah divorce attorney can advise you on the grounds for divorce. Besides the “no fault” ground, you can also seek a divorce in Utah on various grounds. Under Utah law, the following are valid grounds for seeking a divorce: • Impotency – the wife was at the time of the marriage unaware that the husband was impotent It’s not easy to decide whether divorce or annulment is the best way to end your marriage. Both have their pros and cons. However, annulment is generally quicker of the two. Often people opt for annulment thinking its quicker. But the choice of the spouses alone doesn’t matter. Utah has set down the grounds on which a person can seek to have his or her marriage annulled. The grounds must be proved in the court with evidence. Consult with an experienced Utah divorce attorney to know if you can annul your marriage. Utah Annulment Lawyer Free ConsultationWhen you need an annulment in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
ATV Accident Lawyer Heber City Utah Federal Employment Discrimination Child Support Lawyers Salt Lake City via Michael Anderson https://www.ascentlawfirm.com/utah-annulment/ If you are a victim of predatory or subprime lending and you are facing foreclosure, consult an experienced Midvale Utah foreclosure lawyer today. You can save your home from foreclosure. Subprime lending is not a new business. Lending to people with blemished credit histories has been around seemingly for as long as there have been creditors and debtors. Examples of the long-standing tradition of subprime lending in the United States run the gamut from pawnshops to the more positively regarded community development home loans. Subprime lending has, however, changed since the 1980s as the technological, macroeconomic, and legal frameworks in which these transactions take place have evolved, giving rise to increasingly sophisticated operations and substantial growth. Accompanying this growth has been the notable emergence of predatory home mortgage lending within the subprime credit sector. This chapter argues that deregulation and increased access to investment capital have interacted with preexisting credit market dynamics in ways that have made increases in high-fee predatory home mortgage lending among nondepository lenders predictable if not inevitable. It concludes with a discussion of whether the nation’s storied depository institutions have been or may yet be similarly corrupted—and the resulting implications for American consumers. For many years, subprime lending was the province of pawnshops and finance companies that were typically restricted in the amount of fees and even the rates of interest which they could charge. These enterprises were readily recognizable and identifiable as lenders of if not last, at least second, resort. But increasingly, household names of creditors like Citi and Wells Fargo have become attached to subprime suffixes like Financial. If these changes represent a transition of subprime lending into the mainstream and a commensurate increase in access to fairly priced credit, they will no doubt be widely welcomed. However, if these changes serve to leverage the formidable economic and political power of large, legally favored institutions to promote abusive lending, a contentious debate is likely to ensue. Congress’ initial response to the emergence of abuses within the subprime lending market, the Home Ownership and Equity Protection Act of 1994 (HOEPA), has been viewed by many as inadequate to stop predatory lending. In fact, the law’s failure to include the full range of home loans (completely omitting home purchase loans and open-end loans such as home equity lines of credit) and its numerous loopholes for points and fees (prepayment penalties in particular) provide ample opportunities for predatory lenders to evade the legislation. Despite HOEPA’s enactment, the total cost of predatory lending to U.S. consumers in 1999 alone was estimated at more than $9 billion. Within subprime home lending, technological advances have given rise to fantastic increases in the cost-effectiveness of customer identification and mass marketing as well as the ease with which creditors can navigate state laws. Traditionally, credit has been among the most regulated of products. Major religions and nations have set maximum permissible rates of interest, with such regulation falling under the rubric of usury. It is not without reason that credit has been viewed with some skepticism and trepidation. Few other decisions have the continuing cost or the singular ability to alter an individual or family’s welfare that the act of signing a loan agreement as. Borrowing to buy a home can build equity and economic security but on the other hand, lending abuses decimate families and harm whole communities. Unfortunately, to date, regulators and the courts have been slow to comprehend and address this distinction between interest rates and fees. For example, the Supreme Court has actually articulated a premise clearly at odds with the foregoing logic: “there is no apparent reason why home state-approved percentage charges should be permissible but home-state approved flat charges unlawful.” In a historical context, federal policy makers’ failure to act on this distinction may not have been significant, since in the United States, the structure and terms of credit have customarily been regulated at the state level. While these state laws have varied in the level of protection afforded consumers, several developments at the federal level have made it easier for unscrupulous lenders to lure borrowers into abusive loans, particularly high-cost, high-fee loans. First, Congress has explicitly deregulated certain types of home loans, explicitly allowing charges that would otherwise contravene state law to be levied by a broad class of lenders. Second, federal law has blurred state boundaries by allowing certain lenders to charge rates and fees based on their home state’s law in all other states. Third, and finally, federal law has provided consumers with incentives to prefer home secured debt over non-secured debt. Deregulation of Certain Types of Home Loans And ForeclosurePerceiving a credit crisis in the home loan market resulting in part from the application of state usury caps in a rapidly escalating interest rate environment, Congress moved to deregulate and pre-empt conflicting state law on a broad set of first-lien home loans and laws restricting “alternative” mortgages. First, the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDA) pre-empted the “constitution or the laws of any State expressly limiting the rate or amount of interest, discount points, finance charges, or other charges” on extensions of credit secured by a first lien on a home (12 U.S.C. 1735f-7a(a)(l)). The legislative history of DIDA specifically provides that this provision pre-empts only state laws related to interest and certain other charges. As a result, the corresponding regulations expressly disavow pre-emption of any “limitation on prepayment charges, attorneys’ fees, late charges or other [charges not included in calculations of APR].” Second, in a further limitation, DIDA provides that states may restore their laws on points and fees at any time through legislative action (though the deadline for states to opt out of interest rate pre-emption expired in 1983). Despite these limitations, by pre-empting prior state laws that limited fees on first lien home loans, Congress has nonetheless provided substantial leeway for lenders bent on stripping home equity through fees. In a report exceedingly critical of a state-chartered finance company, the Washington Department of Banking found that Household International was deceiving borrowers and repeatedly charging more than seven bogus discount points. In another instance involving a state non-depository lender, First Alliance Mortgage Company charged borrowers percent in fees, financing the fees directly into the loan amount, and enticed borrowers by representing that the loan had “no out-of-pocket costs.” Following up on DIDA in 1982, Congress passed the Alternative Mortgage Transaction Parity Act (AMTPA) to give non-federally chartered “state housing creditors” parity with federally chartered institutions with regard to “alternative” mortgage transactions (12 U.S.C. 3801). More specifically, Congress identified that state housing creditors, including non-depository finance companies in particular, were having difficulty originating fixed-rate, fixed-term loans in a high-interest-rate environment, and could not compete with federally chartered institutions that were already authorized by their regulators to offer alternative products, such as adjustable-rate mortgages, to help minimize monthly payments. The first enabling AMTPA regulations permitted state housing creditors to follow federal regulations applicable to federal thrifts regarding negative amortization and balloon payments rather than state law on these points. While prepayment penalties were not initially pre-empted by federal regulators for state housing creditors, the federal Office of Thrift Supervision (OTS) in 1996 identified late fees and prepayment penalties as terms that state housing creditors could also consider to be governed by federal law. The 1996 policy change presented a particularly vexing problem for vulnerable home loan borrowers. Prepayment penalties have been decried as among the least transparent and most widely abused charges associated with subprime home loans. The damage done by prepayment penalties in subprime home loans is threefold: they strip home equity, trap borrowers in bad loans with an increased risk of foreclosure, and facilitate kickbacks that encourage brokers to place borrowers in loans with higher interest rates than loans for which the borrowers qualify (by ensuring lenders can recoup the kickback should the loan prepay). Prepayment penalties with a lockout period of three to five years, which stipulate that a borrower must pay “six months’ interest” on up to 80 percent of the original loan amount if he prepays his subprime home loan, are common. On a 12 percent interest, $125,000 principal balance, 30-year home loan, such a penalty can approach $6,000, a substantial amount for families trying to build wealth. In fact, many borrowers find themselves trapped in unattractive subprime home loans by prepayment penalties. While only 2 percent of borrowers in the competitive prime home loan sector choose mortgages with prepayment penalties, over 80 percent of borrowers in the subprime market receive loans with a penalty. Borrower choice is unable to explain such a disparity, since rational borrowers in the subprime market, who may improve their credit scores and refinance into more attractive rates, should presumably prefer prepayment penalties less often than borrowers in the prime market. Moreover, lenders who claim to be providing a reasonable benefit to borrowers in the form of decreased monthly costs in exchange for the acceptance of a prepayment penalty have been shown to provide considerably less than equitable exchanges. For example, one finance company affiliate of a national bank reported that it provided a reduction of 0.50 percent in interest for borrowers who chose a prepayment penalty. Yet, a borrower who has to pay a six months’ interest prepayment penalty to refinance at year three of a 12 percent interest, 30-year home loan—roughly the average life of subprime home loans for many originators—will have received a benefit worth less than 2 percent of the loan amount, but may be liable for a penalty of almost 5 percent of the loan amount. In other words, for the majority of borrowers facing this prospect, such a prepayment penalty-interest rate exchange will be a losing proposition. Subsequently, in 2002, the OTS reversed its 1996 policy change as it applied to finance companies, recognizing abuses associated with prepayment penalties and concluding that prepayment penalties were not relevant to Congress’ intent to authorize alternative mortgage products. Reverting to earlier AMTPA regulations, the OTS fully restored the right of states to regulate prepayment penalties and late fees for non-depository entities. The OTS’s 2002 action represented a boon to consumers. While some 35 states regulated prepayment penalties on home loans as of early 2003, the OTS rules from 1996 to 2002 rendered those rules moot for state housing creditors. Still, even after this significant change, federal law provides that state housing creditors can ignore state consumer protections with regard to negative amortization and balloon payments. While this authority provides substantial flexibility that is used positively in the competitive prime market to reduce monthly payments required under a loan, it can easily be abused by lenders trying to hide a loan’s true costs. National banks, federal credit unions, federal thrifts, and state-chartered depository institutions enjoy varying degrees of preemption of state usury laws under a legal framework known as the “most-favored lender” doctrine. Under this doctrine, federally chartered institutions “located” in one state (e.g., South Dakota) can “export” the maximum permissible interest rate of that state to loans the bank makes to borrowers in another state (e.g., North Carolina), thus preempting state usury law. State-chartered institutions enjoy a similar right through the Federal Deposit Insurance Act, which allows state-chartered, federally insured depositories to charge the higher of the interest rate allowed by the laws of the state where the bank is located and where the loan is made (12 U.S.C. 1831d(a)). In cases where the lender seeks to use the second state’s laws, it is permitted to choose the highest rate authorized by state law even if such charges are authorized only for a specific set of lenders to which it does not belong. Midvale Utah Foreclosure Attorney Free ConsultationWhen you need legal help with a foreclosure in Midvale Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Which Bankruptcy Is Reorganization via Michael Anderson https://www.ascentlawfirm.com/foreclosure-lawyer-midvale-utah/ Heber City Utah, is located in a beautiful mountain valley just a short drive from the Wasatch Front. The area offers outstanding year-round outdoor recreation including golf, fly fishing, boating, and water sports, plus skiing and other winter sports. In summer, temperatures are usually cool and pleasant. In winter, abundant snowfall makes this a paradise for winter recreation. Heber City is a city in northwestern Wasatch County, Utah, United States. Heber City was founded by English immigrants who were members of the Church of Jesus Christ of Latter-day Saints in the late 1850s, and is named after the Mormon apostle Heber C. Kimball. It is the county seat of Wasatch County. The original Heber City town square is located on the west side of Main Street between Center Street and 100 North and currently houses city offices as well as the historic Wasatch Stake Tabernacle and Heber Amusement Hall. The city was largely pastoral, focusing largely on dairy farms and cattle ranching, and has since become a bedroom community for Orem, Provo, Park City and Salt Lake City. Heber City is currently governed by Mayor Kelleen Potter along with City Council Members. Within the city limits are Heber Valley, Old Mill, Daniels Canyon and J.R. Smith Elementary Schools, Timpanogos Middle School, Rocky Mountain Middle School, Wasatch High School, and Wasatch Alternative High School. An additional school in the Heber Valley is Midway Elementary School. All of these schools are part of the Wasatch County School District. Utah Valley University maintains a satellite campus just north of Heber City along the US-40 corridor. Heber City was first settled in 1859 by Robert Broadhead, James Davis and James Gurr. John W. Witt built the first house in the area. The area was under the direction of Bishop Silas Smith who was in Provo. In 1860 Joseph S. Murdock became the bishop over the Latter-day Saints in Heber City and vicinity. Heber City is located at 40°30′24″N 111°24′44″W (40.506793, -111.412292), at an elevation of 5595 feet. The region in which Heber City is located is known as the Wasatch Back. According to the United States Census Bureau, the city has a total area of 3.5 square miles (8.9 km2), all of it land. Heber City is in the neighborhood of three large reservoirs, Jordanelle, Deer Creek, and Strawberry. Heber City has one of the lowest unemployment rates in Utah. Local developers and business leaders cite that there are not enough jobs in the city itself (as 27% of residents commute to Park City or Salt Lake City for work) and wish to improve the city’s self-reliance. Average home prices in the valley doubled from 2002–2008 and the population has grown by 25% in that same time period. Tourism is a year-round industry in the Heber Valley. The winter season features cross-country and downhill skiing, as well as snowboarding and snowmobiling on several trails and the nearby ski resorts of Park City. In the summer and fall, golfing, off roading, hunting, fishing, and other outdoor recreational activities are abundant. Heber is also home to the Heber Valley Historic Railroad (HVRR) which was known as the Heber Creeper before 1989. Heber City’s youth are employed largely in the surrounding golf courses, restaurants, and specialty shops in Heber City and the surrounding area. Local contractors and farmers are also a major source of employment for the youth. The adult population work mostly in Park City, Salt Lake City, Provo and Orem. Skiing and Snowboarding is very popular among Heber City’s youth, and many people go to Park City mountain resort, Canyons, or Deer Valley, all of which are in Park City. Farming and ranching is a large force in the economy, but this has diminished slightly. The largest local employer is the Wasatch County School District. As of the census of 2010, there were 11,362 people and 3,637 households residing in the city. The population density was 2,113.5 people per square mile (816/km2). There were 3,637 housing units at an average density of 710.5 per square mile (274.3/km2). The racial makeup of the city was 87.7% White, 0.4% African American, 0.8% Native American, 1.1% Asian, and 0.1% Pacific Islander. Hispanic or Latino of any race were 18.4% of the population. There were 3,362 households out of which 50.2% had children under the age of 18 living with them, 66% were married couples living together, 9.4% had a female householder with no husband present, and 20.6% were non-families. Of all households 15.9% were made up of individuals and 6.4% had someone living alone who was 65 years of age or older. The average household size was 3.35 and the average family size was 3.78. The median age was 28.5 years. ATV Accident LawyerATV riding is a popular activity that many consider a relaxing yet exciting sport. At the same time, it’s a high-risk hobby, and when ATV accidents occur, just who is responsible for the risk can become a major concern. If you have been involved in an accident, there will be multiple questions that require the experience of a personal injury lawyer. Heber has no shortage of areas that look and feel as if they were created specifically for exploration with an ATV, but accidents do happen. When they do, your life can be completely changed forever, and by no fault of your own. Although riding ATVs is among the most popular hobbies in Utah, Heber leads the county in ATV accidents. While this shouldn’t affect your decision to continue to enjoy your hobby, you should keep in mind that there could be more ATVs operating in a smaller area than in other areas of the state. Because of this, accidents involving multiple ATVs and motorists can occur more frequently. Whether your accident takes place in Utah or anywhere else, however, you’re likely to suffer severe physical and mental injuries. ATV RequirementsHeber has restrictions on where you can operate an ATV. For example, one of the ATV laws is that you aren’t supposed to ride them on the highway or on private property unless you have permission from the owner of the property. On the other hand, property owners are obligated to maintain their property in such a way that it is safe for travel. It isn’t always easy to determine where one property ends and another begins, so how do you know who is responsible when an ATV accident occurs as a result of neglected property? ATV Accident ScenariosOne of the most likely scenarios is for a rider to unknowingly cross a property line, and then perhaps hit a stump from a freshly cut tree. For the average citizen, it’s difficult to assess just who is responsible for that accident. Although you may not have permission to be on the land, there may not be clear markers to let you know. The existence of the stump may have left the area unsafe as far as the court is concerned. This is just one example of a time when you need a qualified ATV accident. Long-Term InjuriesBecause there is no external protection on some ATVs and only limited external protection on others, there is every potential to develop long-term issues as a result of an accident on an ATV. This is especially true if you weren’t wearing safety gear or your safety gear wasn’t able to cover some vulnerable areas, like your vertebrae. Again, it’s difficult for the average citizen to assess who is responsible for such injuries, much less enforce that responsibility Short-Term InjuriesShort-term injuries don’t sound threatening because they may not last as long as other injuries. At the same time, they may cause you to miss work, and can limit your day-to-day responsibilities. It’s important that you don’t have to risk losing anything if you aren’t the one ultimately responsible for the injury in the first place. For some people, losing a day’s pay doesn’t mean a lot, but for the majority of the country, it could mean the loss of services or even healthcare. This is not even including medical bills and the cost of other expenses necessary in getting you back on your feet. Contact An Experienced ATV Accident AttorneyIf you are unfortunate enough to have been involved in an ATV accident, don’t assume you have to deal with it by yourself. Contact an experienced ATV accident lawyer. ATV Accidents in HeberFour-wheelers, motocross bikes, and other all-terrain vehicles (ATVs) are by design unstable and sensitive. Yet these recreational vehicles, along with speedboats and Jet Skis, are heavily marketed to the adventurous. The Heber personal injury lawyers have seen the tragic results of ATV and boating accidents. All-terrain vehicle accidents often result in serious or fatal head and neck injuries, or permanently disabling knee or foot injuries. Accident Statistics for ATVs• 300 people die in ATV accidents every year in the United States. The majority of these deaths are caused by head and spinal cord injuries. Who Can Ride ATVs (and Who Shouldn’t)There are no federal regulations or age limits when it comes to riding ATVs. Instead, each state has its own guidelines and laws. Some states require ATV riders to be 16 years old and have a safety certificate. Other states allow kids as young as 10 to ride ATVs as long as they’re supervised by an adult with a valid driver’s license. The AAP does not recommend ATV use for children and teens 16 or younger. ATVs can be too large for smaller kids to handle safely, even if it’s legal for them to be riding them. Safely operating an ATV requires the driver to make quick decisions, such as speeding up, slowing down, or shifting his or her weight in response to changes in the environment. Kids under 16 are unlikely to be able to make these choices or have the skills to carry them out. If your child does ride an ATV, make sure you understand and follow the rules of your state. Visit the Consumer Product Safety Commission (CPSC) online for this information. This applies even if your child won’t be steering the ATV. Many states don’t allow passengers to ride unless the ATV is specifically designed to carry two people. ATV riding will always be risky and because they’re fun, many kids and teens will want to try them. There are no guarantees that kids won’t get hurt, even with precautions and protective laws in place. But by making sure that riders follow safety rules and know how to use ATVs safely, parents can do their best to help protect them from being injured. Why is an ATV so dangerous?There isn’t a week which goes by without a child being seriously injured after riding one at a friend’s house, or a farmer leaving the homestead on one, never to return. In fact, so dangerous are ATV’s here in Heber that they now hold the crown as the biggest killer on our farms, with 1 farmer dying each week on average. In 2015, a total of 24 farmers died in ATV accidents between January and the end of June, while another 50 suffered non-fatal injuries which were serious enough to be reported. As human beings none of us will ever be perfect and rider error will always be a factor. Perhaps it is the machine which needs to be made less deadly. One would imagine that a 4-wheeled ATV would be safer than a similarly sized 2-wheeled dirt bike. I mean why wouldn’t it be? The added stability of having four wheels on the ground means the rider doesn’t need to balance anywhere near as much. In theory, this is true, but in reality it couldn’t be further from the truth. A big part of what makes an ATV so dangerous is their inherent flaw in their design, resulting in a lack of lateral stability and crush protection for the rider. Put simply, ATV’s roll over all too easily, and often the consequences of that roll can be fatal. Another issue with an ATV is the weight up to twice the weight of a dirt bike. If you drop a dirt bike, the worst thing that might happen is you’ll break a leg. But if you roll an ATV you run the risk of breaking your neck, breaking your back or at least being on the receiving end of crush injuries to potentially any part of your body. By design, ATV’s are also great at tumbling down hills out of control, potentially hurting or injuring other bystanders. So the next time you’re given the chance to ride an ATV in a seemingly harmless environment, make sure you treat it with the caution and respect it deserves. • Always wear safety gear. Helmets, goggles, boots, gloves – they works. Heber City Utah ATV Accident Lawyer Free ConsultationWhen you need legal help with an ATV Accident in Heber City Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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