In business, diplomacy and institutions like the air force and navy, memorandums can take on a more serious format, relaying important information, or outlining an agreement between two parties. The latter is sometimes called a memorandum of understanding or agreement, and is common between governmental departments or companies that need to work together to meet a goal. A memorandum of transmittal usual accompanies a larger report, and is used as a record of delivery and to summarize the report. Office memos are used to notify employees of specific changes, events, or any other point of interest that is important. For example, if there is an after work party on a specific date, a memo might be circulated to everyone letting them know the date and time of the party. Memos are usually informal and used for almost anything. A memo (or memorandum, meaning “reminder”) is normally used for communicating policies, procedures, or related official business within an organization. It is often written from a one-to-all perspective (like mass communication), broadcasting a message to an audience, rather than a one-on-one, interpersonal communication. It may also be used to update a team on activities for a given project, or to inform a specific group within a company of an event, action, or observance. A memo’s purpose is often to inform, but it occasionally includes an element of persuasion or a call to action. All organizations have informal and formal communication networks. The unofficial, informal communication network within an organization is often called the grapevine, and it is often characterized by rumor, gossip, and innuendo. On the grapevine, one person may hear that someone else is going to be laid off and start passing the news around. Rumors change and transform as they are passed from person to person, and before you know it, the word is that they are shutting down your entire department. One effective way to address informal, unofficial speculation is to spell out clearly for all employees what is going on with a particular issue. If budget cuts are a concern, then it may be wise to send a memo explaining the changes that are imminent. If a company wants employees to take action, they may also issue a memorandum. For example, on February 13, 2009, upper management at the Panasonic Corporation issued a declaration that all employees should buy at least $1,600 worth of Panasonic products. The company president noted that if everyone supported the company with purchases, it would benefit all. While memos do not normally include a call to action that requires personal spending, they often represent the business or organization’s interests. They may also include statements that align business and employee interest, and underscore common ground and benefit. A memo has a header that clearly indicates who sent it and who the intended recipients are. Pay particular attention to the title of the individual(s) in this section. Date and subject lines are also present, followed by a message that contains a declaration, a discussion, and a summary. In a standard writing format, we might expect to see an introduction, a body, and a conclusion. All these are present in a memo, and each part has a clear purpose. The declaration in the opening uses a declarative sentence to announce the main topic. Tips for Effective Business Memos• Audience Orientation: Always consider the audience and their needs when preparing a memo. An acronym or abbreviation that is known to management may not be known by all the employees of the organization, and if the memo is to be posted and distributed within the organization, the goal is clear and concise communication at all levels with no ambiguity. • Professional, Formal Tone: Memos are often announcements, and the person sending the memo speaks for a part or all of the organization. While it may contain a request for feedback, the announcement itself is linear, from the organization to the employees. The memo may have legal standing as it often reflects policies or procedures, and may reference an existing or new policy in the employee manual, for example. • Subject Emphasis: The subject is normally declared in the subject line and should be clear and concise. If the memo is announcing the observance of a holiday, for example, the specific holiday should be named in the subject line—for example, use “Thanksgiving weekend schedule” rather than “holiday observance.” • Direct Format: Some written business communication allows for a choice between direct and indirect formats, but memorandums are always direct. The purpose is clearly announced. • Letters: Letters are brief messages sent to recipients that are often outside the organization. They are often printed on letterhead paper, and represent the business or organization in one or two pages. Shorter messages may include e-mails or memos, either hard copy or electronic, while reports tend to be three or more pages in length. While e-mail and text messages may be used more frequently today, the effective business letter remains a common form of written communication. It can serve to introduce you to a potential employer, announce a product or service, or even serve to communicate feelings and emotions. All writing assignments have expectations in terms of language and format. The audience or reader may have their own idea of what constitutes a specific type of letter, and your organization may have its own format and requirements. Letters may serve to introduce your skills and qualifications to prospective employers, deliver important or specific information, or serve as documentation of an event or decision. Regardless of the type of letter you need to write, it can contain up to fifteen elements in five areas. While you may not use all the elements in every case or context. When to Write a Memo, Not an EmailBefore emails demanded everyone’s attention, people communicated internally through a medium called the interoffice memorandum—the memo. We typed and printed it, signed or initialed it, and distributed it through interoffice mail to people who read it to make decisions, take action, or have essential information. These days we have replaced memos with rampant emails. We have pushed email too far, expecting it to communicate long, complex, important messages to everyone. Our inboxes are stuffed, and those essential messages are not being read. It’s time to take the pressure off emails. If you want people to read your important ideas and information, you need to revive the memo. Consider these suggestions: • Recognize the best uses of email: Emails win for fast, temporary communications that readers quickly read, act on, and delete. Emails excel at succinct requests and replies, speedy updates, short reminders or check-ins, time-sensitive announcements, and similar short-lived messages. They are perfect for briefly introducing attachments such as memos. • Use a memo when you are writing a message built to last: If your communication is a detailed proposal, a significant report, a serious recommendation, a technical explanation, meeting minutes, a new policy, or something else that readers will consult more than once, make it a memo. Your readers will be able to save the document, read it, and find it when they need the information again. • Use a memo when formatting matters: If the piece contains bullet points, bold headings, columns, tables, a graph, or even a good balance of white space, a memo will help you retain that formatting. To guarantee your formatting, save the memo as a PDF. If your audience reads emails on their phones, an attachment may be the only way to preserve the formatting you intend. • If people will print your communication, use a memo rather than an email. If your message belongs on a bulletin board—for example, in an employee break room—write a memo. If people will discuss your ideas at a meeting, write a memo to make it easy for them to print the document you intended. • To communicate formally, choose a memo. Memos provide a place at the top of the message to insert the company name and logo and the professional titles of senders and receivers. Those inclusions make the message appear more formal. Also, a well-formatted message conveys significance. • When you worry that your message is too long as an email, write a memo. Impossibly long emails often result when you try to incorporate important, lasting information in them. But memos work best when people will return to your message for information. For instance, if you are communicating the details of the four-stage construction project, use a memo. To convey pros and cons of a major purchasing decision, lay out your research in a memo. Attach your memo to an email that gives your readers a brief summary of the memo contents. For some readers, that summary will be enough. Those who need the information will read and save the memo. • To communicate complex information to people outside your organization (clients, citizens, etc.), consider a memo or a letter. A letter is the traditional format for external correspondence, especially to people you serves, such as customers and patients. But you can choose a memo to write to vendors, consultants, members, clients, professional peers, and others who collaborate with you to get results. • To send your memo, simply attach it to a brief email. Or send a printed copy through interoffice mail if that approach makes sense. • Avoiding Distortion of Information: Memo helps to avoid distortion in messages that occur in internal oral communication. • Avoiding Misunderstanding: Memo provides all concerned with the same information. Therefore, there is little chance of any misunderstanding between the recipients of a message. • Preserving Information: Since memo is a written document, it can be preserved. Such preservation develops an information base in the organization and any one can access it whenever he needs. • Maintaining Consistency: Memo also helps managers to maintain consistency in their actions and decisions for recurring problems. By examining the previous records, they solve similar problems in a similar way. • Quick Exchange of Information: The use of memo is restricted within the boundary of the organization. Therefore, through writing memo any information can be exchanged throughout the whole organization very quickly. • Concise Presentation of Information: Memo is generally written concisely. Whatever the subject of memo is, it is written directly and concisely. • Less Expensive: Memo is a less expensive medium of communication. It does not require any mail or telephone expenses. • Use as Reference in Future: Since memo is a written document, it can be preserved and used as reference in future. • Memo is a written means of internal communication. Although it is widely used in exchanging information within the organization, it has some limitations. The followings are some of its major disadvantages or limitation of using memo: • Limited Field of Application: The use of memo is restricted only within the boundary of the organization. It cannot be used in communication with any external party. • Not Suitable to the Illiterate People: Office memo is a kind of written communication. Therefore, it has no utility to the illiterate people. • Lace of Explanation: Memo is generally written concisely. Therefore, it does not provide any explanation or clarification of message to its readers. • Problem in Modification: If memo circulates any wrong information inadvertently, it cannot be revised instantly. For necessary rectification, it requires circulation of corrigendum. • Time Consuming: Formal memo requires time for drafting and circulating it to the various parties. • Opening Segment: In this segment, one can find the purpose of the memo. The opening paragraph includes the reason or the motive of writing a memo. It gives a brief overview of the memo. • Context: It is the event or circumstance of the problem the writer is solving. One should clearly mention the context. • Task Segment: It is the segment one must include to mention the steps for solving the problem. One must only include the needed information. Do proper planning before writing a memo. • Summary Segment: If a memo is more than a page, one must include a separate summary segment. It is not necessary for a short memo. It helps the reader to understand the main idea of the memo. Also, it helps to take the required steps. • Discussion Segment: It is the longest part of a memo. It includes all the details supporting the ideas. Remember to start with general information and then go for more specific one. It includes supporting ideas, facts, and research. • Closing Segment: Always end your memo with courteous words. Make sure you make the completion of the task in an efficient and easy way. Try to lure the reader to make the positive action. • Necessary Attachments: One can also attach lists, graphs, tables etc. at the end of a memo. Make a reference for your attachments and add a notation for them. Memos are pretty flexible documents and can be used for many different purposes. Memos can also serve as: • Documentation or a record, such as for documenting an accident at work or recording the reason for terminating an employee • Confirmation regarding decisions or the date and time of future events • Status and progress reports • Dissemination of rules and procedures • Instructions or directives, such as delegation of tasks and responsibilities • A method to inquire about an organizational procedure, event, or other organizational issue • A preface to a formal report An effective memo is “short, concise, highly organized, and never late. It should anticipate and answer all questions that a reader might have. It never provides unnecessary or confusing information.” Be clear, be focused, be brief yet complete. Take a professional tone and write as if the world could read it—that is, don’t include any information that’s too sensitive for everyone to see, especially in this age of copy and paste or “click and forward.” Start with the basics: to whom the article is addressed, the date, and the subject line. Start the body of the memo with a clear purpose, state what you need the readers to know, and conclude with what you need readers to do, if necessary. Remember that employees may just skim the memo upon receipt, so use short paragraphs, subheads, and where you can, use lists. These are “points of entry” for the eye so the reader can refer back easily to the part of the memo that he or she needs. Don’t forget to proofread. Reading aloud can help you find dropped words, repetition, and awkward sentences. Securities AttorneysWhen you need legal help with securities memorandums, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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30-3-11.1. Family Court Act–PurposeIt is the public policy of the state of Utah to strengthen the family life foundation of our society and reduce the social and economic costs to the state resulting from broken homes and to take reasonable measures to preserve marriages, particularly where minor children are involved. The purposes of this act are to protect the rights of children and to promote the public welfare by preserving and protecting family life and the institution of matrimony by providing the courts with further assistance for family counseling, the reconciliation of spouses and the amicable settlement of domestic and family controversies. Family CourtFamily court was originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, such as custody of children and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with “clean hands” and the request was reasonable, “quantum meruit”. Changes in laws and rules have made this distinction superfluous. Family courts hear all cases that relate to familial and domestic relationships. Each state and each country has a different system utilized to address family law cases including decisions regarding divorce cases. The Role Counselors and Therapists Can Play In DivorceDivorce is probably the most emotional thing a family will ever go through. Children, even ones that are well-adjusted, often need someone to talk to besides their parents about the situation. One of the best things you can do for your kids in divorce is to find a qualified counselor to help them through the process. In fact, counselors and psychologists often play important roles during divorce for both families with children and individuals who might need counseling themselves. Put your children’s interests firstDepending on the situation, you can ask a court to mandate counseling for your children if you think it is going to help your family. But it’s probably something you and your attorney should push for with your spouse and their attorney to ensure your children are taken care of. You want to focus on the big picture, and the big picture should be figuring out what is best for your children. Once you decide you want to find a counselor or psychologist for your children, your next step is to talk with your attorney about who they’ve worked with in the past that they trust that they think will do a good job. You also want to make sure you find someone who is well-trained in dealing with children. There are a lot of therapists out there. Some are more suited to adults; some are more suited to children. Again, you can look to your attorney to help you find someone that can best help you and your family. Of course, counseling isn’t needed in every case. If your children seem to be holding up well, you might just ask the school counselor to check in on them every once in a while and make sure they don’t notice any issues you might be missing. If you do decide to seek counseling for your children, you shouldn’t worry about what might come out about you or your wife. By seeking help for them, the judge will likely respect the fact that you are putting your children’s needs before your own. How a counselor or therapist can help you, individuallyEven when children are not in the picture, a counselor or therapist can still be beneficial. When you’re in the middle of litigation and fighting for a fair settlement, it can be difficult to turn your focus outward and think about how you’re going to move on once your divorce is final. Men face increased physical and mental health risks after divorce, and counseling can help you with the transition to the next stage of your life and recover from the trauma of divorce. Often, counselors can also help with the actual litigation process. For example, say you were in an abusive relationship and have been taking some counseling to deal with that. If you want that abuse to be taken into account in the final division of property, you need to bring in your counselor to testify about the things you’ve gone through. When counselors and therapists are brought to courtThere are many instances when counselors or psychologists are called to court to testify. If you want to bring a family therapist to court, you first need to have your attorney make sure they’re comfortable doing so. Many clients are concerned about information they disclose to psychologists being discoverable, but the substance of what is talked about with a counselor is protected under the rules of evidence as well as HIPAA laws. There is a very high burden of proof for that information to be discoverable. A marriage counselor’s potential impactPrior to divorce, it is common for couples to have been in marriage counseling in an attempt to save their marriage. Often, there will be a breakdown in communication and one of the parties will decide to separate and file for divorce. In those instances, it is still very difficult to enter whatever was said in those counseling sessions into evidence. However, it is possible for one of the parties to sign an HIPAA release to gain access to those records. Therefore, there is a risk that once you’re in counseling, even though you’re encouraged to be honest and forthright, the information could be used against you if either you or your spouse elects to get a copy of the records. This can be a sticky situation because when you enter counseling, you’re trying to work to save your marriage, but if the marriage fails, you don’t want to have revealed anything that can be used against you. The cost of counselingCounseling can be very pricey. Some counselors charge hundreds of dollars per hour. But there are resources available to find quality options and ways to help pay even if you are not financially set. Many health insurance plans have some coverage four counseling and will pay for an allotment of sessions. Check with your employer’s human resources department to find out what options you have available. Counseling and Reconciliation in Family LawCounseling in Family Law – Counseling in family law is defined within the Family Law Act to be a process where a family counsellor assists parties following separation or divorce to make decisions relating to their personal issues and parenting. Counseling as a non-court based serviceBefore the court can make a parenting order the parties must first undertake family dispute resolution and obtained a section 60I certificate. The following are some exceptions to this general rule: A counselor can break their confidentiality and disclose information in the following circumstances: Any information disclosed at counseling cannot be used in court unless it relates to the abuse of the child or family violence. When should counseling be considered?Counseling should be considered when there is a possibility that the parties can reach an agreement. Whilst lawyers and courts can assess a person’s legal rights and options, they are not qualified to deal with the significant emotional consequences of a family break-down. This is where the use of counselors in family law is effective. A professional counselor can assist the parties in overcoming their emotions and dealing with the issues in a practical way. • A person did not attend family dispute resolution because they refused to do so; What is Reconciliation?Reconciliation is when parties who were separated later resume their marriage or de facto relationship. If the Family Court or Federal Circuit Court is required to make a determination in regards to parenting, they must consider the likelihood of reconciliation between the parties. Court proceedings may be adjourned where there is evidence that the parties may reconcile. If such an adjournment takes place, then the court will refer the parties to family counseling. Marriage Counseling versus Application for DivorceYou have separated or are thinking about separating from your spouse. Meanwhile, the lawyer you are meeting with begins to ask you about the possibility of getting back with your spouse. Not really. First, your lawyer has a duty to advise you of the sections of the Divorce Act that have as their objective the reconciliation of spouses. Their other duty is to discuss the possibility of reconciliation with you and to inform you of marriage counseling or guidance services that they may know of that can help you and your spouse in achieving reconciliation if you are interested in reconciliation. Another duty is to discuss the advisability of negotiating in your particular situation and to inform you about mediation facilities that may assist you in negotiating matters like custody and support. This duty is not taken lightly. If you commence a divorce proceeding, your lawyer is required to certify that they have, in fact, complied with this duty as required by Section 9 of the Divorce Act. What impact does reconciliation have on your rights and obligations after an Application to the Court has been commenced? You and your spouse agree to attempt marriage counseling. Should your next court date be adjourned? You have decided to move back in and live together under the same roof. Has a spousal relationship been re-established? Simply moving back in together and living under the same roof does not automatically mean that you have reconciled if your spouse never intended to resume a meaningful reconciliation. Reconciliation’s Impact on a Separation AgreementIf you have signed a Separation Agreement, what does the Agreement say about the impact of reconciliation on the terms of the Agreement? Many Agreements provide for a 90 day period and if in that time you and your spouse separate, the terms of the Agreement remain in place. Whatever your situation, understand what impact reconciliation will have on your rights and obligations. This way, you are not caught unprepared if the relationship breaks down in the future. What is Divorce Counseling?Divorce counseling, sometimes called discernment counseling, is a type of psychotherapy that helps couples to explore, recognize, and resolve conflicts in an effort to understand if either partner wants a divorce or how to move forward after a divorce. Unfortunately, sometimes marriages do not succeed long-term and divorce counseling is the next best step. While the end of a marriage can be a relief for some parties involved, it is often also a stressful situation. One or both partners in the marriage may experience a range of emotions, including grief, anger, confusion, fear, shame, anxiety, etc., even if one or both of the partners want to leave. If children are involved, stress levels can be even greater. Therefore, divorce counseling is a type of counseling often used to lessen the stress of a divorce. Counseling can help you or your partner decide whether to stay in a marriage, whether to leave a marriage, or how to transition from married life to single life. If you’re considering divorce, in the middle of a divorce, or experiencing the challenges after divorce, you’re in the right place. Why divorce counseling?There are many benefits of divorce counseling, including: What can the counselors help me with?Whether you want to address depression, divorce challenges, relationship anxiety, individual psychological issues, parent-child challenges, or anything else, you can get started addressing your challenges quickly online. Each of our counselors is trained and certified in one of the following professions: Divorce AttorneysWhen you need divorce attorneys, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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Title Aspects Of Foreclosure Alternatives The post Utah Divorce Code 30-3-11.1 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-11-1/ South Jordan is a city in south central Salt Lake County, Utah, 18 miles (29 km) south of Salt Lake City. Part of the Salt Lake City metropolitan area, the city lies in the Salt Lake Valley along the banks of the Jordan River between the 9,000-foot (2,700 m) Oquirrh Mountains and the 12,000-foot (3,700 m) Wasatch Mountains. The city has 3.5 miles (5.6 km) of the Jordan River Parkway that contains fishing ponds, trails, parks, and natural habitats. The Salt Lake County fair grounds and equestrian park, 67-acre (27 ha) Oquirrh Lake, and 27 parks are located inside the city. as of 2018, there were 74,149 people in South Jordan. Founded in 1859 by Mormon settlers and historically an agrarian town, South Jordan has become a rapidly growing bedroom community of Salt Lake City. Kennecott Land, a land development company, has recently begun construction on the master-planned Daybreak Community for the entire western half of South Jordan, potentially doubling South Jordan’s population. South Jordan is the first city in the world with two temples of The Church of Jesus Christ of Latter-day Saints, Jordan River Utah Temple and Oquirrh Mountain Utah Temple. The city has two TRAX light rail stops, as well as one commuter rail stop on the FrontRunner. South Jordan is also a growing tech hub with headquarters of companies like IT software company Ivanti. For the year 2010, the city had 27 violent crimes reported to law enforcement, and 1,050 reports of property crimes. The violent crime rate was 48 per 100,000 people compared to a national average of 404 and 213 for Utah. The property crime rate was 1,858 per 100,000 compared to a national rate of 2,942 and 3,180 for the State. The Federal Bureau of Investigation (FBI) defines violent offenses to include forcible rape, robbery, murder, non-negligent manslaughter, and aggravated assault. Property crimes are defined to include arson, motor vehicle theft, larceny, and burglary. Statistics published by the Utah Department of Public Safety’s Bureau of Criminal Identification showed a steady trend in the South Jordan crime rate between 2000 and 2008. The rate for index crimes, a group comprising the combined violent offenses and property crimes stated above was 2,269 per 100,000 in 2000 and 2,277 per 100,000 in 2008. The 2008 rate for index crimes in Salt Lake County was 5,290 per 100,000 and 3,529 per 100,000 for the entire State of Utah. In 2010, South Jordan had a total of 57 total law enforcement employees for a rate of 1.13 employees per 1,000 residents. City police officers made a total of 910 arrests. Total crimes reported were 3,810. Total crimes contain 22 categories that include everything from murder, rape and assault to drug offenses, larceny and prostitution. South Jordan in the southwest portion of the Salt Lake Valley is one of the region’s fastest-growing areas. No longer rural and remote, South Jordan is home to some of the Salt Lake Valley’s most innovative residential and retail developments, such as Daybreak and The District. South Jordan is home to more than 50,000 residents, with plenty of access to parks, trails and open space. How Do You Buy Foreclosed Property?When a person buys a foreclosed property, they are acquiring a property on which the previous owner did not pay the mortgage or property taxes. Buying a foreclosure may be easy or complex, depending on which stage of the foreclosure process the property is in. There may be several legal issues to address, depending on the property, the parties involved, as well as state laws. Will I Work with the Lender or Property Owner When Buying the Property? Can I Negotiate for the Lender or Property Owner to Make Improvements?In many cases, the properties are usually sold “as is.” This means the buyer is obtaining the property in condition ranging from good to in need of repairs. Many states have “buyer bewares” laws. These laws generally hold the buyer responsible for taking reasonable steps to determine the condition of the property, including safety or health risks that may be involved. The offer a buyer makes for a foreclosed home should depend on the condition of the property. If the property needs major repair, a buyer may want to adjust their bid to factor in post-purchase expenses. On the other hand, a buyer is not allowed to make any misrepresentations regarding the property during the sales negotiation process. Doing so may result in a contract violation and can lead to legal liability. What Happens If I Purchased Property with Tenants Living in It?Prior to 2009, tenants living in a foreclosed property lost their leases. According to the Helping Families Save their Homes Act of 2009, leases continue during and after the foreclosure. For people on a month-to-month tenancy, they will have to leave after receiving a 90-day notice or whatever the applicable state law requires. What Does Statutory Redemption Mean?Statutory redemption refers to a property owner’s right, as given to them by a state statute, to regain the property after the property has been foreclosed on. Statutory redemption laws often outline a specific amount of time in which the previous owner can pay the money owed to redeem property. The money owed is the amount the property was sold for at a foreclosure auction. Although the specific time frame varies from state to state, the owner usually has a year to redeem the property. Do I Need to Talk to a Lawyer about Buying a Foreclosure?It is very unlikely that you will need help from a lawyer to buy a foreclosed property. Typically, foreclosed properties are sold as/are, which means that the buyer will have little recourse if they discover that the property will need more work than they first imagined. However, if the seller made material misrepresentations, then there is a chance that the buyer will have a chance to recover their losses. However, material misrepresentations are like if the seller didn’t have the right to sell the property and went through serious efforts to hide that from the buyer. If you find yourself in this situation, then it will be in your best interest to contact a real estate lawyer. But keep in mind that a lawyer can only help in these types of situations, and it’s important that you have the documents to prove the circumstances. What Does A Foreclosure Defense Attorney Do For You?Foreclosure cases are rarely set in stone. Hiring an experienced foreclosure defense attorney early in the case gives you the best chance of success. The last thing you want to do is battle for your home in court without knowing all your options. Here are a few immensely helpful things a foreclosure attorney can do for you. A foreclosure defense attorney knows the legal landscape better than you. Their experience and judgment will save you time, help you avoid pitfalls, and maximize your chances of saving your home. Depending on your situation, your best course of action may be to avoid foreclosure via loss mitigation, modify your loan, file for Chapter 13 bankruptcy, or have your foreclosure attorney represent you in court outright. An experienced foreclosure attorney in Los Angeles can help you understand the pros and cons of each option. Represent You At Settlement ConferencesIf you live in a state that mandates settlement conferences, your attorney can attend them in your place and negotiate with the bank’s attorney to save your home. The conference is an opportunity for both parties to reach an alternate resolution that doesn’t involve foreclosure. Without an attorney, you’d have to contend with the bank’s attorney on your own time with limited knowledge. Help You Get A Loan ModificationA loan modification adjusts the terms of your loan such that you can afford the payments. While modifying a loan is free, few homeowners can convince the bank to approve a modified loan without help from an attorney. The bank must review several key pieces of information about your income before making their decision. An experienced attorney can provide and present this information in the best light to help you get approved for a new loan you can afford. Help You Pursue Loss MitigationCertain loans carry loss mitigation options that give you an opportunity to stay current on your payments. Some lenders may withhold this option from you, and without an attorney you would likely have no idea that you could pursue this route. An attorney will not only let you know if loss mitigation is available to you, but also help you choose between the many different ways you can approach this option. Raise Defenses In CourtIf the bank made mistakes in foreclosing your home, an attorney can identify them and fire back. For example, the lender may have breached your loan contract or violated state foreclosure laws, or the foreclosing party may not be the rightful owner of the mortgage debt. You may unknowingly be the victim of unfair lending practices or an unlawful mortgage assignment. There are dozens of strategies and tactics an experienced attorney can use to postpone foreclosure. And if the court accepts your attorney’s argument, you may receive the option of a settlement or even have your lawsuit dismissed entirely. Help You File For Chapter 13 BankruptcyIf all else fails, an attorney can help you file for Chapter 13 bankruptcy. If approved, you will have three to five years to get up to date on your payments and will be able to keep your home. Your home is an important not only for its financial value, but for the memories it holds. You don’t have to fight for it alone. The first step is accepting that you need legal help. If you are looking online, you may find an overwhelming number of law firms offering to handle your case. It is important to understand the difference between the various practices, and also why a foreclosure defense attorney is the best choice. Bankruptcy Attorney- A bankruptcy lawyer is a lawyer whose specialty is in bankruptcy. Their practice is solely focused on bankruptcy, or perhaps almost exclusively dedicated to bankruptcy. While they are experts in helping clients when it comes to bankruptcy, however they aren’t the right choice when it comes to defending a foreclosure suit. Though bankruptcy and foreclosure may overlap, they are two different types of cases. In a bankruptcy case, the individual or entity can’t repay any of the debts owed to creditors, while a foreclosure deals only with the inability to repay a mortgage. If you file for personal bankruptcy under Chapter 7, an automatic stay is placed on all your creditors, including the foreclosing lender. A stay is a ban placed on creditors to stop them from going after you or your assets. However, the stay is only a temporary solution, and it won’t permanently stop a home foreclosure. On the other hand, filing Chapter 13 bankruptcy can usually lower your mortgage payments and help you keep your home. Although filing for Chapter 13 might sound like the perfect solution, you need to be aware that it is very difficult to qualify for a Chapter 13 reorganization plan, and that it is not advisable when a mortgage is your only outstanding debt. Consumer Protection Attorney- A consumer protection attorney is any lawyer who fights for the rights of consumers. Attorneys dedicated to consumer protection typically handle court cases brought on by a group or “class” of individuals who have suffered the same harm. While foreclosure defense is part of consumer law, it is typically best to hire an attorney that focuses exclusively on foreclosure defense. Foreclosure Attorney- A foreclosure attorney is a lawyer who primarily handles foreclosure cases. A foreclosure attorney may either represent the bank or the homeowner during the foreclosure process. A foreclosure attorney has extensive knowledge over foreclosure cases and proceedings and is best equipped to help homeowners avoid foreclosure. Foreclosure can be avoided through the use of several tactics including short sales and loan modification. Since a foreclosure attorney focuses primarily on defending homeowners, they are usually the best choice in defending a foreclosure case. A Real Estate Attorney- A real estate attorney, sometimes referred to as a mortgage attorney, focuses primarily on real estate law. They typically review both documents and real estate transactions, including the purchase, lease, inspection and appraisal of a property. They also help resolve title insurance and environmental issues. In some cases, real estate lawyers will also defend homeowners against foreclosure or help the bank secure a foreclosure against a homeowner. While a real estate attorney deals with matters related to real estate, their primary case load does not revolve around foreclosure. This does not mean that they can’t handle a foreclosure case, however it may not be their area of expertise. When choosing an attorney to defend your foreclosure suit, it is advisable to consult with attorneys from several law firms. Take advantage of free consultations. No matter which type of attorney you ultimately choose to go with, they must be highly experienced in handling foreclosure cases and should be able to prove their track record. Make sure to ask for references, and inquire about what percentage of their cases are foreclosure defense cases. Hiring a foreclosure defense attorney is an important decision, as one of your most valuable assets is at stake. Foreclosure LawForeclosure law provides the means for a mortgage lender to take possession and sell a home when the borrower has defaulted on the loan. The money from the sale is used to pay off the balance of the loan, and the new buyer takes the home free of the mortgage. If the proceeds are not enough to pay off the loan, the borrower may be held personally liable for the difference, in addition to being forced out of the house. From the lender’s perspective, foreclosure is slow and expensive. Thus, the lender will usually be just as motivated as the borrower to see that the loan is paid on time and foreclosure does not become necessary. To understand foreclosure law, it helps to consider the nature of a mortgage. Mortgages are used when potential homebuyers seek to borrow purchase money, or when homeowners with equity in their property want to borrow cash to make home improvements or for other purposes. In either case, a bank lends the money, and requires the borrower to sign a mortgage document giving the bank a security interest in the home. In other words, the home becomes collateral for the loan. If the borrower stops making the loan payments, the bank can take the collateral through the process of foreclosure. South Jordan Utah Foreclosure AttorneysWhen you need legal help with a Foreclosure in South Jordan UT, 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
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Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post South Jordan Utah Foreclosure Lawyer first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/south-jordan-utah-foreclosure-lawyer/ When your marriage ends, it is more than the end of a relationship and a change in how you relate to the other parent of your children. The property and assets shared during the marriage will also be divided between you both. This process often generates as much tension as conflicts over child support payments or custody plans. Reasons To Hire A Property Division Lawyer• The property each spouse brings into the marriage is considered separate property, owned entirely by that person. Common ComplicationsProperty division is legislated under the Family Law Act and is normally fairly simple — aside from the fate of assets such as the marital home. However, a number of issues may affect your division of property, including: Marital vs. Non-marital PropertyMarital property is considered any property, income, other assets, or debt acquired during the marriage. The most common marital property is real property of land and any structures or buildings attached to it, such as a house. Personal property such as cars, jewellery, and furniture can also be considered marital property. Property can be considered marital even if a title or deed is only in one spouse’s name. Marital property can also include retirement or pension plan benefits. Non-marital property is generally considered any property owned or acquired prior to the marriage. A gift or inheritance received by one spouse during the marriage may also be considered non-marital property. At the end of the marriage, each spouse keeps his or her own non-marital property. However, if any non-marital property was used to somehow benefit the marriage, it can legally be considered marital property. Division of Real PropertyReal property includes any houses or land purchased during the marriage, even if only one spouse’s name is on the deed or title. Real property is commonly sold and the money from the sale is divided fairly between each spouse. If one spouse desires to keep the house or property, that spouse may buy out the other by paying the amount that would have been received from a sale. This option may require the spouse who keeps the property to refinance so that everything is in his or her own name. Division of Personal Property and Retirement BenefitsPersonal property can include items acquired during the marriage, such as cars, boats, jewellery, furniture, dishes, tools, and more. As with real property, personal property may be considered marital property even if only one spouse’s name appears on the title. The primary goal in the division of personal property is to provide each spouse with enough items to create a separate home. Therefore, if there are two of the same items, each spouse gets one. Any amount paid into any type of retirement or pension plan is also considered marital property. In cases where each spouse has his or her own retirement plan, each is awarded their own benefits. If just one spouse has a retirement plan, it is often better to allow that spouse to keep his or her own benefits and award something of equal value to the other spouse, such as equity from the home or other property. Retirement plans that must be split require a separate court order and a more complicated process. Factors Affecting Property DivisionIf you and your spouse cannot amicably divide assets and debts, the court will do it for you. In most cases, it is better that you come to an agreement on the fair and equitable distribution of property. While the court will come to a fair and equitable distribution, you may not get an asset that you want. When determining how to divide assets equitably, courts consider: Retirement plans and pension benefits are handled a bit differently. In most cases, if a plan or benefit is considered a marital asset, the person whose name is on the account gets it. However, if the plan or benefit skews the equitable distribution, the court will split it. If only one spouse’s name is on the plan or benefit, the court enters a qualified domestic relations order (QDRO) to order the account holder to divide it between the spouses as dictated by the court. How Is Property Value Determined?The amount of money a piece of property is worth is defined as a fair and impartial assessment of the property’s value. An accurate evaluation of real property value is determined by a professional real estate appraiser. In general, household items are not included in the division of assets during a divorce unless there are items of significant value. Personal property like furniture, collectibles, and vehicles will be determined by the resale value. In Utah, if you and your spouse can agree to a fair and reasonable division of property, the court will accept both spouses’ decision as long as it’s fair and reasonable. If you, on the other hand, cannot agree without getting the court involved, the marital estate and other property will be divided within the Judgement of Divorce by the district or family court in Utah. In fact, property division cannot be revisited or altered after the order has been made, though there are exceptions. How Utah Courts Divide Property In DivorcesWhat makes equitable distribution in Utah so confusing and unpredictable is that judges in the state almost never rely on some fixed and definitive rules when it comes to dividing property in a divorce. Instead, judges in Utah enjoy discretion to take into account all factors and circumstances of each marriage before issuing a Judgement of Divorce. But in no way does it mean that judges in Utah have freedom to divide marital property however they see fit. Courts still consider a variety of factors in equitable distribution such as: • The length of the marriage; What Goes Into The Property Division Process?Some aspects of the marriage that are taken into consideration when dividing property include: Property DefinedProperty is either marital or separate, and it includes assets and liabilities. Property includes real property, such as the family home; personal property, such as jewellery and clothing, and intangible financial assets such as income, dividends, and benefits. Real property is land and anything permanently attached to it, such as a house or other buildings. Real estate purchased during the marriage is generally marital property even if only one spouse’s name is on the deed. Generally, personal property can be moved. This includes things like cars, jewellery, furniture, tools and dishes. If the property has a legal title, such as a car or boat, and it was purchased during the marriage, it will generally be considered marital property even if only one spouse’s name is on the title. The general rule for dividing personal property is to allow each person to set up a separate home. Generally, if there is two of something, each party receives one of them. Valuing and Dividing PropertyFirst, the court classifies assets and liabilities, property and debt, as marital or separate. Then it assigns a monetary value to the marital property and debt. Finally, it distributes the marital assets between the two parties in an equitable manner. In Utah, as in many jurisdictions, the equity in the marital home is often one of the biggest assets the spouses divide. The equity is the market value of the house, less any debts or liens against it. Equity is established by determining what the current market value of the home is at the time of separation. Once the spouses agree to a current market value, any debts associated with the property (mortgage, taxes, home equity loans, etc.) are deducted from the market value to arrive at the equity to be divided. Normally, making this calculation requires a paid real estate appraisal or a real estate agent can prepare a market analysis for free. High-asset divorce cases raise complex accounting, valuation and liquidation questions. Often expert witnesses in complex cases are required to assist the court. Property Division AttorneysWhen you need legal help to divide property in a divorce case, 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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Top In Taylorsville UT Attorneys Do You Have To Report Online Sales? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Property Division Lawyer first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/property-division-lawyer/ When you sign a mortgage (or deed of trust) as part of a home loan transaction, this document gives the loan owner the right to sell the home through a process called foreclosure if you fail to make the payments. The proceeds from the sale go towards repaying the loan. Your foreclosure will be governed, in large part, by state law. A foreclosure can be either judicial (which means the foreclosing party files a lawsuit in court and the case goes through the court system) or non-judicial (which means the foreclosing party follows a set of state-specific, out-of-court procedural steps to foreclose the home). In some states, foreclosures are always judicial. In other states, the foreclosure may be either judicial or non-judicial; in those states, usually one or the other is more commonly used. When a house is sold at a foreclosure sale for less than the amount of the outstanding mortgage debt, the difference between the total debt and the foreclosure sale price is called the deficiency. Some states let the foreclosing party get a personal judgment called a “deficiency judgment” against the borrower for this amount, while other states prohibit deficiency judgments under particular circumstances. Certain states give foreclosed homeowners a period of time called a “redemption period” to buy back or “redeem” the home after a foreclosure. Depending on state law, in order to redeem you have to reimburse the purchaser for the amount paid at the sale (plus certain allowable costs) or repay the total mortgage debt, plus interest and expenses. A reinstatement occurs when the borrower brings the delinquent loan current in one payment by paying the overdue payments, plus fees and expenses incurred as a result of the default. Once the loan is reinstated, the borrower resumes making regular payments on the debt. In a foreclosure, state law sometimes gives a borrower the right to reinstate up until a specific deadline. You should be aware that, even if state law does not give you the right to reinstate, your mortgage or deed of trust might. In the chart below, this column indicates whether state law allows the borrower to reinstate the loan in the most commonly used foreclosure procedure for that particular state. Most foreclosures in Utah are completed out of court using a non-judicial power of sale. A non-judicial foreclosure is usually quicker and less expensive than foreclosing through the courts (judicial foreclosure). Occasionally, however, there are reasons for a lender to choose to foreclose judicially. Non-judicial and judicial foreclosures involve very different processes. Experience with hundreds of foreclosures has given our attorneys a thorough understanding of the procedural steps and potential pitfalls, allowing us to help develop strategies in the best interests of our clients. For many homeowners who’re struggling to make their mortgage payments, keeping the home simply is not an option. The good news is that these homeowners don’t have to wait for their lenders to foreclose. Two popular foreclosure alternatives are available: a deed in lieu of foreclosure or short sale. A deed in lieu of foreclosure is a negotiated remedy between a defaulting borrower and a lender. The borrower transfers title to the property to the lender, and the lender cancels the foreclosure. Because a foreclosure and deed in lieu affects your credit in pretty much the same way—they’re both really bad—it might not be worth bothering to complete a deed in lieu unless you can get the lender to agree to forgive or reduce any deficiency (or give you some cash as part of the deal, or agree to let you live in the home for longer than what you’d get if you let the foreclosure happen). If your lender agrees to accept a deed in lieu of foreclosure and waive or reduce the deficiency, make sure that the agreement includes a waiver to this effect. (You should be aware that if the lender cancels part or all of the deficiency and issues you a IRS Form 1099-C, you might have to include the forgiven debt as taxable income). If the lender refuses to include such a waiver, and nothing in your state’s laws prohibit lenders from suing borrowers for the deficiency after a deed in lieu of foreclosure, you could later find yourself facing a lawsuit filed by your lender to recover the difference between the amount you owe and the fair market value of the property. Like a deed in lieu of foreclosure, a short sale is also a negotiated remedy between a defaulting homeowner and the lender. The borrower sells the house for an amount less than the outstanding mortgage debt, and the lender agrees to accept this lesser amount and cancel the foreclosure. Lenders sometimes impose conditions on its acceptance of a short sale. The most common conditions are: • The requirement that the homeowner sign a promissory note for the difference between what is owed on the mortgage and the short sale amount (the deficiency), and • Reservation by the lender of its right to seek a deficiency judgment after the closing of the short sale. If you’re pursuing a short sale, you should do your best to negotiate with your lender to remove these conditions from your short sale agreement and to include language releasing you from liability for any debt that remains after the short sale closes. Though, again, be aware that if the lender forgives all or part of the deficiency and issues you a 1099-C, you might face a tax liability. It’s not unusual for a homeowner to have a second, or even a third, mortgage on the property. In order for a deed in lieu of foreclosure or short sale to work, all of the subordinate lien holders must agree to the terms of the deed in lieu of foreclosure or short sale agreement and release their liens on the property. This might be close to impossible to achieve, particularly with a deed in lieu of foreclosure. To encourage the subordinate lien holders to agree to a deed in lieu of foreclosure or short sale, the holder of the first mortgage might offer a financial incentive in exchange. You will face some negative consequences after completing a deed in lieu of foreclosure or short sale. One negative consequence is a drop in your credit score. Keep in mind, however, that your credit score would also have dropped after a foreclosure. While it’s a commonly-held belief that short sales and deeds in lieu of foreclosure have less of a negative impact on credit scores than foreclosure, in reality, the effect is basically the same. Another possible consequence of a deed in lieu of foreclosure or short sale is a deficiency judgment. As noted above, you should try to negotiate with your lender to include language in your deed in lieu of foreclosure or short sale agreement releasing you from liability for any deficiency that remains. If your lender refuses to do so and is successful in suing you for a deficiency judgment, try to negotiate a settlement for less than the amount of the judgment or to pay off the judgment over time. (Though, again, there could be tax consequences if the lender forgives part of the deficiency.) As a final resort, filing for bankruptcy could eliminate your deficiency debt. To find out if bankruptcy is right for your situation, talk to a bankruptcy lawyer. As previously mentioned, if the lender decides to write off the the deficiency as a loss, you might owe income tax on the amount of the forgiven debt. However, there are exceptions to this general rule. For example, if you can prove that you were insolvent when the debt was forgiven, you would have no income tax liability. (If you need information about your potential tax liability, talk to a tax lawyer). Preforeclosure Notice RequirementBefore starting a foreclosure, the bank must mail a notice to the borrower giving at least 30 days to cure the default by getting current on the loan. Utah Foreclosure ProcessResidential foreclosures in Utah are typically nonjudicial, which means the foreclosure happens outside of the state court system. (Learn more about the difference between judicial and nonjudicial foreclosures.) The nonjudicial foreclosure process formally begins when the trustee records a notice of default at the county recorder’s office. The notice of default gives the borrower three months to cure the default. Within ten days of recording, the trustee mails a copy of the notice of default to anyone who has requested a copy. Most deeds of trust in Utah include a request for notice, so you’ll probably get this notification. If you do not cure the default, after three months, the trustee will record a notice of sale and: mail a copy to you at least 20 days before the sale (if your deed of trust includes a request for notice, which it probably does) publish notice of the sale in a newspaper, and post notice about the sale on the property at least 20 days before the sale. At the foreclosure sale, the property will be sold to the highest bidder, which is usually the foreclosing bank. At the sale, the bank doesn’t have to bid cash. Instead, it makes a credit bid. If the credit bid is the highest bid at the sale, the property then becomes REO. In some states, you can redeem (repurchase) your home within a certain amount of time after the foreclosure sale. Under Utah law, however, foreclosed homeowners don’t get a right of redemption after a nonjudicial foreclosure. The foreclosing bank may obtain a deficiency judgment following a nonjudicial foreclosure if it files a lawsuit within three months after the foreclosure sale. The deficiency amount is limited to the difference between the borrower’s total debt and the property’s fair market value. If you don’t vacate the property following the foreclosure sale, the new owner will probably offer you a cash-for-keys deal, or When you borrow money, it’s important to understand what’s at stake. What happens if you fail to repay the loan? With a recourse loan (or recourse debt), you are personally liable for any unpaid debt, and the lender can take action to collect even after seizing collateral. With a non-recourse loan, by contrast, the lender does not have as many options, so the bank is taking more risk. With any loan agreement, you agree to repay according to a specified schedule. For example, a home loan has monthly payments that often last 15 or 30 years. If you stop making payments, you eventually default on the loan. Depending on your loan (and state law), lenders might have several options for collecting on an unpaid loan balance: • Take collateral: If you used collateral to get approved, lenders can almost always take the collateral, sell it, and use the proceeds to pay themselves back. Common examples include foreclosure with home loans and repossession for unpaid auto loans. • Deficiency: Unfortunately, collateral doesn’t always pay off your entire loan balance. In a foreclosure, the property might be worth less than the total loan balance, especially if the housing market has weakened since the loan was made (known as being underwater or upside-down). Any remaining unpaid balance which might include fees and charges associated with foreclosure or repossession is a deficiency balance. Whether or not the lender can continue efforts to collect the deficiency depends on whether or not the loan is a recourse loan. • No recourse: If the debt is not recourse debt, the lender is out of luck. Any deficiency balance must be absorbed by the lender (taken as a loss). As a result, non-recourse loans are the riskiest types of loans for lenders. Banks still offer plenty of non-recourse loans, but they try to manage their risk. For example, you might need to have higher credit scores to qualify for non-recourse loans, or lenders might require lower loan-to-value ratios to protect themselves. If a loan is a recourse loan, lenders can continue to try and collect after taking collateral. A creditor can win a deficiency judgment, which is a legal action allowing them to take other legal actions. Typical activities include: • Collections: The lender might contact you asking for money, or the lender may sell the debt to a collection agency that will try to collect. • Garnishment: The lender or a collection agency may get the right to take money out of your pay (your employer must pay the creditor) until your debt is repaid. • Levies: Creditors can take assets that were never pledged as collateral in some cases. For example, creditors might be able to take money from your bank account or get an interest in property that you own. Title In Foreclosure LawyerWhen you need a title attorney or a foreclosure 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 St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Title Aspects Of Foreclosure Alternatives first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/title-aspects-of-foreclosure-alternatives/ 30-3-10.17. Social security number in court recordsThe social security number of any individual who is subject to a divorce decree, support order, or paternity determination or acknowledgment shall be placed in the records relating to the matter. Redacting Social Security Numbers from Divorce DocumentsThe pro se filer should pay attention to those divorce documents that include a Social Security number, and make inquiries about redaction. County clerks and records maintain property and tax records (such as mortgages and liens) as well as divorce, family and juvenile court records, consent decrees, wills and probate records, and documents relating to military discharges. And a small fraction of the millions of public records maintained by county and state governments include Social Security numbers. Most public records filed over the past few years do not list them, thanks to state laws prohibiting the practice, but older records do, especially documents that were filed prior to the mid-1990s. As a result, a government web site may contain many documents containing personal information, including birth dates, addresses, bank account data, information about debts, driver’s license and vehicle registration numbers, the height and race of individuals, the names and birth dates of minor children, child custody details and even medical records. Dozens of county governments now redact Social Security numbers and some other types of personal data from online images of public records. Many others are working to do so. At least four states now mandate redactions of Social Security numbers. However, the redaction efforts only involve truly sensitive information such as Social Security numbers and credit card or bank account data. Other types of information remain part of the public record. How do I change or correct my name on my Social Security number card? To get a corrected Social Security card, you will need to: Am I Entitled To My Ex-Spouse’s Social Security?Yes. You are eligible to collect spousal benefits on your former wife’s or husband’s earnings record as long as: A divorce can raise many financial uncertainties, and Social Security benefits offer stability for many. Social Security benefits are provided to ex-spouses, regardless of their work record, as long as they meet a few rules. Rules of EligibilityYou can receive Social Security benefits based on your ex-spouse’s work record, even if he or she remarried, if all of the following rules are met: Social Security for Divorced CouplesIf you collect benefits based on your ex-spouse’s work record, it will not reduce or affect your ex-spouse’s benefit in any way. You can receive divorced spouse benefits before your ex-spouse applies for Social Security. Both you and your ex-spouse have to meet the outlined rules and have been divorced for at least two years. If your ex-spouse had numerous marriages, any of his ex-spouses who had been married to him for at least 10 years is entitled to receive benefits based on his work record. This will not affect your ex-spouse’s benefits. Ex-Spousal BenefitsIf divorced, you may be able to claim Social Security benefits based on your own work record, or collect a spousal benefit that may provide you up to 50 percent of your ex-spouse’s Social Security benefit. If you are eligible for both benefits you will receive whichever is higher. You will receive the maximum spousal benefit, 50 percent of your ex-spouse’s benefit, if you wait until you reach your full retirement age. Survivor BenefitsIf your ex-spouse is deceased, you may still be able to collect benefits based on your ex-spouse’s work record under the following rules: Make the Most of Your BenefitsSince Social Security is a guaranteed, lifelong source of retirement security income, maximizing the amount you receive is important, especially if you are divorced. While it is tempting to start collecting benefits as soon as you can, delaying claiming will mean more money for you each month when you eventually start collecting. Applying for Benefits EarlyIf you decide to claim benefits on your ex-spouse’s record before you reach full retirement age, your monthly benefit amount will be permanently reduced. If you wait until you reach full retirement age, you will receive the maximum benefit, which is either 50 percent of the amount your ex-spouse is entitled to receive at his or her full retirement age or 100 percent of your own benefit. Waiting to Claim Can Offer You a ChoiceIf you are eligible for benefits on your own work record and you have reached full retirement age, you have an important choice to make. You can choose to either claim your own benefit or delay taking yours and claim half of your ex-spouse’s benefit. Choosing to collect half of your ex-spouse’s benefit first, while delaying claiming your own until age 70, will increase the amount of benefits you will eventually receive. It will allow you to continue to earn delayed retirement credits and at the same time collect Social Security based on your ex-spouse’s work record. At age 70, when you have earned the maximum benefit based on your work record (assuming it will be higher than the benefit you are receiving based on your ex-spouse’s work record) you can switch to your own benefit. Check the FactsGetting information on how much your Social Security benefits will be is as simple as making a phone call to the Social Security Administration at 1-800-772-1213 or visiting one of the local offices. The Social Security Administration will be able to give you an estimate on the benefits you may receive as a divorced spouse or a surviving divorced spouse, as well as on your own earned benefit. If you don’t have a good relationship with your ex-spouse, don’t worry. You don’t have to get his or her permission or approval to collect benefits. Nor will Social Security inform your ex-spouse that you are getting the benefit, as it does not impact his or her own monthly benefits. When applying for Social Security benefits as a divorced spouse, you may be asked to submit copies of identifying documents. Can I get an estimate of the Social Security I can collect on my ex-spouse’s record?Yes. A representative at your local Social Security office can provide estimates of the benefit you can receive as a divorced spouse, based on your former wife’s or husband’s earnings record. You’ll need to show your marriage certificate and divorce decree to prove that the union lasted at least 10 years, the basic qualification for ex-spouses to receive benefits. You also have to provide your former spouse’s Social Security number — or, if you don’t have that, his or her date of birth, place of birth and parents’ names — so Social Security can locate the relevant work record. If you’ve remarried, this is probably moot. Except in very limited circumstances, you cannot collect spousal benefits on the record of a living ex-husband or ex-wife if you have wed again. Social Security Survivor Benefits for Divorced SpousesSocial Security Disability Insurance (SSDI) provides surviving ex-spouses with almost the same benefits as widows. To collect Social Security benefits after your ex-spouse dies, your ex-spouse had to have been collecting SSDI (or Social Security retirement) benefits at the time of death. Also, you must still be unmarried (with some exceptions—see below), and: If You Are Eligible for Social Security Benefits under Your Own Record Amount of Divorced Spouse’s Survivors BenefitBelow are the different payment categories for surviving ex-spouse benefits: Divorce LawyerWhen you need a divorce lawyer, 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 St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Divorce Code 30-3-10.17 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-10-17/ After an accident, your recovery is a top priority. Your financial obligations, however, will continue to pile up. Bills and other every day expenses can add additional stress to an overwhelming financial hardship. Filing a personal injury lawsuit can help you pay for these costs and compensate you for your pain and suffering. There is nothing more personal than an injury. Injuries can rob you of your financial stability, physical and mental well-being, and your future. Even minor personal injuries can present significant interruptions to your life. It can feel impossible to get past a personal injury, especially if someone else’s act of negligence or carelessness caused the accident. Personal Injury Facts and StatisticsLearning the facts about personal injury accidents can help you grasp the magnitude of this issue in the U.S. According to the National Safety Council (NSC), unintentional injuries are the leading cause of death for individuals aged 1 to 44. In the United States, an injury severe enough to require medical evaluation occurs every second of every day. That translates into 4,520 injuries per hour, 108,500 per day, 761,500 per week, and nearly 40 million each year. Here are several other facts: Utah is similar to the national rate.The odds of becoming a victim of an unintentional injury in your lifetime are high. It is often not a matter of if, but when. Not all unintentional injury victims have the right to sue someone for financial recovery. Only those with injuries that stem from someone else’s act of negligence, carelessness, or lawlessness can bring personal injury claims in Utah. Other types of claims, such as product liability and premises liability, require other elements of proof. Partner with an attorney for facts about your specific injury. Common Types of Serious InjuriesThe possibilities for serious injuries are almost endless. However, some types of injuries are more common than others. In our years of legal services at personal injury law firm Fielding Law, we’ve come across many of the same types of injuries that give rise to civil lawsuits. If you’ve suffered one of the following types of injuries, talk to a personal injury attorney about your rights to bring a lawsuit: • Slip and Fall injuries.: Falls are the leading cause of nonfatal injury in almost every age, and the leading cause of death in ages 69 and older. Falls accounted for the greatest number of emergency department visits in 2011. Slips, trips, and falls can occur on slippery surfaces, down staircases, off ladders, over obstacles, and off platforms while at work. Total Cost of Unintentional InjuriesIn 2013 (the most recent year data is available), unintentional injuries cost the United States $820.6 billion. This includes the costs of fatal and nonfatal injuries, vehicle damages, medical expenses, productivity losses, administrative fees, and employers insured and uninsured costs. The value of lost quality of life in 2013 equaled an additional $4,253.9 billion. Motor vehicle accidents cost the most, accounting for $264.2 billion. At-home unintentional injuries followed, then work accidents and public accidents. When employees sustain injuries that put them out of work, America pays. Most of the $820.6 billion in national expenses went toward wage and productivity losses ($388.4 billion). The second-largest component was medical expenses, totaling $219.8 billion in 2013. The total cost of personal injuries to the U.S. is the equivalent of 51 centers per dollar spent on food in the country. The parties that absorb the costs of personal injuries in the U.S. include private insurers, taxpayers, and the injured victims themselves. How Much is Case Worth?Every personal injury case is worth a different amount depending on the impact the injuries have on the victim’s life and livelihood. The only way to get an accurate estimate of the value of your claim is to speak to an injury attorney. Otherwise, you may be able to get a rough idea by looking at the costs of your economic and non-economic damages. Adding up these expenses can give you an idea of what your claim could be worth: Do I need Legal Representation?Taylorsivlle personal injury attorneys exist to help the overwhelming number of people who face damages due to unintentional injuries. It is an attorney’s job to protect the interests of injured parties during insurance settlement negotiations and personal injury trials. Unlike insurance claims adjusters, personal injury lawyers work for the injured party, not for a large corporation. When you trust a personal injury lawyer with your case, you can rest assured he or she is doing whatever possible to maximize your recovery amount. This is the opposite of what insurance companies will try to do, which is get you to settle for as little as possible to save them money. By retaining an injury attorney, you gain instant access to legal resources and professional assistance. You don’t have to research hundreds of federal, state, and local injury law to get to the bottom of your claim. You get a team of lawyers with the ability to tackle these laws for you, and they will investigate your claim using tried and true methods. An injury attorney can help you identify the cause of your personal injury, name the defendant(s), and go about the filing process. You will enjoy a faster, more efficient, and more rewarding claims process. A Taylorsville personal injury lawyer will help you achieve your goals for your claim. Whether you want to settle your claim as quickly as possible or go to trial in pursuit of maximum compensation, your attorney can help. How Does Bankruptcy Affect Child Support?Even after a divorce, parents are both financially responsible for their children. It is very rare that a Utah court will wave this responsibility, as it is regarded as a serious factor in the terms of most divorce cases. Failure to pay child support can result in serious consequences. For this reason, it is important to be aware of all potential situations that may or may not have an effect on child support payments, including filing for bankruptcy. When an ex-spouse who is paying child support goes to file bankruptcy, the other parent might be left to wonder how things will work afterward. Generally, the court will not dismiss the responsibility of child support in the event of bankruptcy. Those who are hoping to avoid their payments by filing for bankruptcy will quickly find that this is no excuse. Different methods are commonly used by court officials to prompt a parent who is in delinquency of child support payments. If the parent feels that they are unable to meet their obligation due to financial reasons, they are encouraged to seek counsel from their attorney. Any and all debts that have been incurred that are related to the well-being and support of the child cannot be dismissed when filing for chapter 7 or chapter 13 bankruptcy. This type of debt commonly includes medical bills and education. This can significantly restrict the right to discharge debt. If your former spouse has stopped paying child support for whatever reason, a divorce attorney may be able to help you petition the courts to enforce the support agreement. Wrongful Death Lawyer in Taylorsville, UtahAccidents can be devastating enough when they lead to injuries, but the accidental death of a loved one is even more tragic. Traffic collisions, slip-and-fall accidents, mistakes during medical care, and any situation where someone failed to take appropriate action to prevent harm to others can all lead to the loss of life. When the death is the result of another party’s action, Utah law gives the surviving family members the right to file a wrongful death claim and recover compensation. Elements of a Wrongful Death LawsuitFor a wrongful death case to be eligible for compensation, the law requires: Causes of Wrongful Death in UtahIn the state of Utah, motor vehicle accidents, poisonings and falls are the three leading causes of unintentional death contributing to an age-adjusted unintentional death rate of 44 per 100,000 people, slightly higher than the rate of 39.6 for the entire United States. At a local level, all local health districts in Utah are above the U.S. average, save two – Davis County and Utah County. Who Can File a Wrongful Death Claim?Immediate family members have a right to recover compensation from a wrongful death claim, but only certain individuals can file the claim under Utah law. According to Utah State Code 78B-3-105, those who may file a lawsuit are the deceased’s: Taylorsville LawyerWhen you need legal help from a Talorsville Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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Best In West Valley City UT DUI Foreclosure Lawyer Park City Utah The post Top In Taylorsville UT Attorneys first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/top-in-taylorsville-ut-attorneys/ Utah Rea Estate Code: Form of Quitclaim Deed – Effect QUITCLAIM DEED____ (here insert name), grantor, of ____ (insert place of residence), hereby quitclaims to ____ (insert name), grantee, of ____ (here insert place of residence), for the sum of ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the premises). Witness the hand of said grantor this __________(month\day\year). Legal Effect of a Quitclaim DeedA quitclaim deed can be used to either release a claim of ownership or transfer ownership of property. It is most commonly used to release a claim of ownership in order to resolve a dispute, such as in a divorce case. When used to transfer ownership as part of a sale of the property, a quitclaim deed gives the buyer the least assurance under the law that he is receiving good title to the property. FunctionA quitclaim deed is identifiable by the inclusion of the key phrase “quitclaims and releases” in the deed. The person signing the deed–the grantor–is releasing whatever interest he has in the property to the grantee–the person receiving the quitclaim. The grantee is not necessarily receiving any rights in the property, only a release from any claim by the grantor to the property. No WarrantiesAlthough a quitclaim deed can be used to transfer ownership of property, it is the least effective way to do so. In a typical arms-length sale of property, a warranty or grant deed is used to convey title to the property from the seller to the buyer. The purpose behind using these types of deeds is to provide the buyer with at least two important warranties from the seller: that the property has not sold to another buyer, and that title to the property is free and clear of any liens or mortgages. These warranties obligate the seller to pay damages to the buyer if title to the property is not clear after the sale. A quitclaim deed does not contain any warranties, and there is no obligation on the part of the seller to deliver clear title. Typical UseBecause the primary function of a quitclaim deed is to release a claim to property, a quitclaim deed is ideal for use when resolving a property dispute. For this reason, quitclaim deeds are typically used in disputes involving a “clouded” title. Once the parties reach a settlement of their dispute, the title can be cleared using a quitclaim deed. This most often occurs in intra-family disputes, particularly in divorce cases. Quitclaim RequirementsThe complete requirements for a valid quitclaim deed will vary from state to state; however, there are some basic requirements for all quitclaims. The deed must identify the grantor—the person transferring the property ownership—and the grantee—the person receiving the property ownership. A full legal description for the property must be included, in addition to the property address. The deed should identify the county where the property is located and identify any consideration that is, the purchase price or a statement that the property is a gift. The deed must be signed by the grantor in the presence of a notary. MisconceptionsA common misconception is that a grantor can easily reverse a quitclaim deed after it has been signed and delivered to the grantee. In fact, unless the grantee voluntarily agrees to quitclaim the property back to the grantor, reversing the effect of the deed will be difficult. Once you deliver a quitclaim deed, you’ve relinquished your rights to the property, and without the grantee’s cooperation in returning it to you, the only way to reverse the deed is by a lawsuit. You will have to prove to a court that you signed and delivered the deed as the result of fraud, duress or undue influence on the part of the grantee. Advantages of a Quitclaim DeedA quitclaim deed is a deed without guarantees that transfers a piece of property from one person to another. This type of deed can offer tax advantages when transferring property into a family member’s name. The commonly seen advantage of using a quitclaim deed instead of the traditional warranty deed is keeping the property within the family without incurring additional cost. IdentificationThe quitclaim deed is used to transfer real estate property from one person’s name to another. The traditional deed, which is called a warranty deed, is used when property passes from one person to another through a sale of the property. This includes many guarantees to the new property owner. In a quitclaim deed, there are no guarantees included. The deed only guarantees the right of ownership to the person who is receiving the quitclaim deed for the property. Tax FunctionOne benefit of a quitclaim deed is that most real estate transactions include paying tax for the transfer of the property, which is based on its value. If the property is transferring from one family member to another with no money attached as a sale, the transaction is considered a gift. A person is allowed to claim a gift of up to $13,000 every year before he is expected to pay tax on the gift. The lifetime total for gift tax exemption is $1 million, so if the person has not used this exemption up in gift giving, he can use it on the transfer of the property and be exempt from paying the tax providing the property’s value is less than $1 million. Effects on LiensAnother advantage of the quitclaim deed is that it transfers only the ownership of the property and it does transfer any leans or mortgages that are on the property. For this reason, the previous owner will still be responsible to pay any money owed on the property, even once his name is no longer on the title. The person receiving the transferred property from the quitclaim is not responsible for any money owed on the property unless she was as a co-owner before the quitclaim, such as in a divorce case. This advantage allows one family member to give a house to another family member without liens attached to the property. Divorce FunctionThe quitclaim deed is most commonly used in a divorce where one spouse has been granted the property either through the court or from the generosity of the other spouse. The title of the home goes into the name of the spouse who was granted the property, but the financial obligations that the other spouse originally signed for are still intact. Using the quitclaim, the couple is not taxed on the transfer of the house. Avoid ProbateA quitclaim deed can be used to avoid probate court proceedings for your heir when you die. One example of how the quitclaim deed could be used to an advantage would be using this when a parent is terminally ill. If the parent used a quitclaim deed to transfer the property to a child, the property would not have to go through probate court when the parent dies. Probate court can be lengthy in time and costly in lawyer fees. A parent’s name must be removed from the quitclaim deed when adding the heir. If the heir’s name is just added to the deed along with the parent, then the property will still need to go through probate court once the parent has passed away. Transferring Title with a DeedThere are several ways to transfer real estate title. A warranty real estate deed transfer is the most common type of deed used when properly is sold to a third party in a typical real estate transaction. A warranty deed promises that the person transferring the property has good title to it and the right to sell it. It includes protections for the buyer, such as compensation if there is anyone else who holds superior title to the property. This type of deed promises that there are no liens on the property such as a mortgage, tax lien, or creditor’s liens. When a warranty deed is executed, a title search (a check of past deeds and liens for the property) is conducted to verify the seller has good title. Title insurance is usually purchased as part of the sale to protect the new owner if there is a problem. Warranty deeds are always filed with the county after they are executed. Do You Need a Quitclaim Deed?Quitclaim deeds are most commonly used when property is transferred without a traditional sale. Examples include when property is transferred between family members (such as parents transferring a home to their children), between married spouses (after marriage when one spouse wants to add the other to the title of his or her separate property), between divorcing spouses (when one spouse will keep the home), or when property is being transferred into a living trust. The deed transfer is done simply and there is no title search or title insurance used. It is fast and easy. Quitclaim deeds are not used for real estate sales, because the new owner receives no guarantees about the title and how valid it is. A quitclaim deed is also used to clear up title to property, if there is an issue with someone else possibly having an ownership right in the property, he or she can be asked to sign a quitclaim to make sure the new owner has complete title. Creating a Quitclaim DeedTo transfer title by quitclaim, a quitclaim deed form must be in writing to be valid. This legal document includes a legal description of the property that is being deeded, the county it is located in, date of transfer, and the names of the grantor (person transferring the property) and grantee (person receiving the property). If a price has been paid for the transfer, that amount is included. The grantor signs the document and this signature is generally notarized. Witnesses may be required depending on the state. In some states the grantee also signs the deed. It is common to file the deed with the county clerk in the county where the property is located, but in some states this is not required. Quitclaim deeds are a fast and easy way to move property among family members or to place real estate into a trust. They are not a method to use when selling real estate. Quitclaim Vs Warranty DeedA quitclaim deed may work just fine if the grantor truly has the legal rights to a property and there are no liens or problems to be aware of. For the most part, quitclaim deeds are used in safer situations where there’s little question about the ownership interest in a property. For example, quitclaim deeds are often used when someone is transferring ownership interest of a property they own to a limited liability company or trust they also control. Quitclaim deeds can be used when someone is transferring ownership of real estate to family members. For instance, maybe a couple is getting married and one spouse wants to add the other to the deed as a result. In the event of divorce, one spouse can quitclaim their interest in the property to the other spouse as well. Warranty deeds are the safer option when you’re buying a property. As a seller, you should also expect most buyers to request this option. RightsQuit claim deeds give rights to property; however, the rights that are conveyed may be worthless. One person gives up whatever rights he has to another. The quit claim deed does not guarantee that the person giving up the right had any rights in the first place. No warranty exists that states the person is signing over a clear title. A more effective method uses a warranty or grants deed, which conveys the property and warrants that the grantor has a right to the property and it is free and clear of any other mortgages and liens. LiensWhen property is conveyed to another through a quit claim deed, all the encumbrances attached to the property remain. If the property has liens against it, the person to whom the property was conveyed is still responsible to pay off those liens. Quit claim deeds may remove your name from the property’s title but it will not remove you from other responsibilities that come along with the property. If your name is also on the mortgage for the property, you must still make the mortgage payments. You are only relieved of this responsibility when the mortgage is refinanced and your name is removed. If you receive property as a gift or inheritance through a quit claim deed, certain tax issues may arise. Property owners must pay property taxes levied against property by most counties. The tax is based on the assessed value of the property. When you receive property through a quit claim deed, you are responsible for all the property taxes and the person that conveyed the property to you is no longer liable. Terms Used In Utah Code 57-1-13. Deed: The legal instrument used to transfer title in real property from one person to another and Land. Utah Real Estate LawyerWhen you need legal help with Utah Code 57-1-13, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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When Is Something In The Public Domain? The post Utah Real Estate Code 57-1-13 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-real-estate-code-57-1-13/ Park City is a city in Summit County, Utah, United States. It is considered to be part of the Wasatch Back. The city is 32 miles (51 km) southeast of downtown Salt Lake City and 20 miles (32 km) from Salt Lake City’s east edge of Sugar House along Interstate 80. The population was 7,558 at the 2010 census. On average, the tourist population greatly exceeds the number of permanent residents. After a population decline following the shutdown of the area’s mining industry, the city rebounded during the 1980s and 1990s through an expansion of its tourism business. The city currently brings in a yearly average of $529.8 million to the Utah Economy as a tourist hot spot, $80 million of which is attributed to the Sundance Film Festival. The city has two major ski resorts: Deer Valley Resort and Park City Mountain Resort. Both ski resorts were the major locations for ski and snowboarding events at the 2002 Winter Olympics. Although they receive less snow and have a shorter ski season than do their counterparts in Salt Lake County, such as Snowbird resort, they are much easier to access. In 2015, Park City Ski Resort and Canyons resorts merged creating the largest ski area in the U.S. In all, the resort boasts 17 slopes, 14 bowls, 300 trails and 22 miles of lifts. Additionally the city is the main location of the United States’ largest independent film festival, the Sundance Film Festival, home of the United States Ski Team, training center for members of the Australian Freestyle Ski Team, the largest collection of factory outlet stores in northern Utah, the 2002 Olympic bobsled/skeleton/luge track at the Utah Olympic Park, and golf courses. Some scenes from the 1994 film Dumb and Dumber were shot in the city. Outdoor-oriented businesses such as backcountry.com, Rossignol USA, and Skullcandy have their headquarters in Park City. The city has many retailers, clubs, bars, and restaurants, and has nearby reservoirs, hot springs, forests, and hiking and biking trails. In the summertime many valley residents of the Wasatch Front visit the town to escape high temperatures. Park City is usually cooler than Salt Lake City as it lies mostly higher than 7,000 feet (2,100 m) above sea level, while Salt Lake City is situated at an elevation of about 4,300 feet (1,300 m). In 2008, Park City was named by Forbes Traveler Magazine as one of the “20 prettiest towns” in the United States.] In 2011, the town was awarded a Gold-level Ride Center designation from the International Mountain Bicycling Association for its mountain bike trails, amenities and community. Nestled in the Wasatch Mountains, Park City, Utah offers all the benefits of resort living, with the conveniences and opportunities that can only be provided by a major metropolis. At 7,000 feet above sea level, Park City (Pop. 7,500) is a short 35 mile drive from the Salt Lake International Airport, enabling it to remain one of only a handful of resort destinations, worldwide, that can provide such accessibility advantages. As some locals like to point out, “it is possible to leave New York City in the morning and ski the fresh powder of Park City by noon!” The convenience, accessibility and most importantly the lifestyle of Park City living are the reasons people live here, but I will get to that in a minute. Park City was originally a mining town. In an effort to bring non-Mormons into the Utah Territory, Colonel Patrick E. Connor of Fort Douglas commissioned a search to explore the mountains surrounding Salt Lake City for mining opportunities. As records indicate, the first mining deed recorded within the Park City Mining District was the “Young American Lode” in December 1869. By the mid-1870s, production within Park City had begun in earnest, fueled by the discovery of a large vein of silver ore in what would later become the Ontario Mine. At its peak, the mine was considered the largest and most productive silver mine in the world. In May of 1872, an early settler, George Snyder, brought his family to the mountainous area that is now Park City. Inspired by the beautiful wildflowers, lush vegetation and picturesque setting, he appropriately named the area, “…Park City, for it is a veritable park.” In 1884, Park City was incorporated. By the late 20th century Park City had changed into a resort community. The Park City Ski Area had opened and the old mines had begun to operate as museums for tourists, school children, and locals. As a tourist hot spot, the city currently contributes an average of $529,800,000 annually to the Utah Economy. Since the rise of the skiing and tourist trade, Park City houses more tourists than residents. It has become a place of fame through the 2002 Winter Olympics. The Sundance Film Festival is another drawing card and affords more recreational and employment opportunities than ever before. Park City is small with a population of 7,500. The average number of tourists in Park City is 600,000 per year. Park City is located in Summit County, Utah and is considered to be part of the Wasatch Back. The Wasatch Mountain Range, with its towering 12,000 ft. peaks is widely considered to have the “Greatest Snow on Earth”. Its light fluffy texture is a result of the areas low humidity, its ideal temperatures, and its geographic location relative to the mountains. This unique marriage of weather conditions truly provide for an unparalleled skiing and snowboarding experience that is known the world over. So what’s it really like to live in Park City? Read on to learn how locals adapt to this unique area. Owning a HomePark City consistently ranks as one of the wealthiest areas of the country and continues to attract people from every corner of the United States. It naturally follows, that real estate is reflective of this, not only in the type of homes that are built, but in their cost as well. Homes within the Park City area range in price from the low $300’s to well in excess of $20M, and the average price of a home falls in the mid $700’s. Park City has not been immune to the recession of 2008 – 2009, and has experience a 10%-15% overall decrease in home values during that period. Home prices stabilized by the second quarter of 2010 and have remained stable ever since, according to Sheila Hall, an Associate Broker and Realtor with Equity Real Estate Luxury Group. “Overall sales volume has been up 24% during that same period of 2010, as compared with the second quarter of 2011. Sales of distressed properties remain a significant part of our market, but have dropped to 27% of all sales, down from 35% at the end of the first quarter 2011. It is interesting to note, that our second quarter sales are the highest we have seen since the fourth quarter of 2007.” What Factors Cause Foreclosure Costs to Vary?How much a lawyer charges will certainly be a factor in the cost of a foreclosure. However, there are many other considerations ultimately determine how expensive the process will be. Below is a general lay out of the costs typically associated with home foreclosure: The primary reasons for the large disparity in the cost of a foreclosure are: Hourly rates typically vary depending on the skills and time restraints of the lawyer. Expect to pay $300-$500 an hour for a lawyer’s time. Remember, similar to a lower flat rate, a lower hourly rate is in no way indicative of the quality of representation. In fact, the opposite may be true; a lower hourly rate may reflect the lawyer’s analysis that a case will be long, and with several complicated defenses, meaning many, many hours will be required to reach result that is favorable to their client. Thus, charging a “lower” hourly fee is simply taking into account how costly the overall case may be, and a lower fee may be the only way to ensure a case remains affordable for a client. A lawyer who works on an hourly rate may also require the payment of a retainer. A retainer covers a set amount of a lawyer’s time, and after the retainer is expended, a standard hourly rate will apply. For example, if the lawyer requires a retainer of $3,000, and bills at a rate of $150 an hour, then that retainer will cover 20 hours of the lawyer’s time. With an hourly fee structure, it is not uncommon for legal bills to get into the $10,000 – $15,000 range quickly. Thus, this type of billing system is most common where a complicated foreclosure defense will be employed, or where a home is quite valuable and the owners do not want to lose it. The best fee structure is the one that best suit your needs, and real estate lawyers understand that. It is always a good practice to learn more about what you are paying for, and having a better idea of what a foreclosure will cost you when you go in for an initial consultation will better situate you to start a dialogue with your lawyer about their fee structure and why they use the one they do. the foreclosure lawyer you wantWhen you buy a pair of shoes, you know exactly what you are getting. When you buy an attorney’s services, you start out with only a few vague assurances. The person, who hires a lawyer he does not trust, or is suspicious of, is certainly not making the best use of his money. How can you know you are getting your money’s worth?To begin, it is up to the client to establish his or her comfort level of trust and confidence in the lawyer to be hired for the task. Is the lawyer sophisticated in assisting clients with serious debt problems? Do they work diligently with clients to find debt relief solutions so they can really manage their debt and get on a secure financial track once more? After the trust factor is settled, the other sure way to get your money’s worth out of your attorney is to tell him honestly and completely all the facts of your case. Hold nothing back. A seemingly trivial detail may be pivotal to your case. Reasonable legal fees paid to a good foreclosure lawyer will substantially benefit you. For clients who succeed in defending the foreclosure or avoiding foreclosure via alternative measures, the benefit of retaining a highly experienced foreclosure law firm is clear. Sometimes the client is not able to keep the home. Even in this situation, proficient legal counsel will protect your rights with solutions much more favorable that foreclosure, as well as protecting you from the liability associated with foreclosure, and keeping you clear of risks and scams. Foreclosure AttorneyWhen you need a Park City Utah Lawyer for Foreclosure, 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
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Foreclosure Lawyer Morgan Utah The post Foreclosure Lawyer Park City Utah first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/foreclosure-lawyer-park-city-utah/ West Valley City is a city in Salt Lake County and a suburb of Salt Lake City in the U.S. state of Utah. The population was 129,480 at the 2010 census, making it the second-largest city in Utah. The city incorporated in 1980 from a large, quickly growing unincorporated area, which was variously known as Granger, Hunter, Chesterfield, and Redwood. It is home to the Maverik Center and USANA Amphitheatre. The earliest known residents of the western Salt Lake Valley were Native American bands of the Ute and Shoshoni tribes. The first European people to live in the area were the Latter-day Saints. The Euro-Americans arrived in the Salt Lake Valley in 1847. The area was first staked out by settler Joseph Harker and his family in the area they named as “over Jordan” (referring to the land west of the Jordan River, which runs through the valley). The Granger area was settled by Welsh pioneers who had come to Utah with Dan Jones in 1849. Irrigation systems and agriculture were developed in the area, and it was Elias Smith who proposed the area’s name on account of its successful farming. Granger and vicinity had about 1,000 people in 1930. Hunter was not settled until 1876. This settlement was started by Rasmus Nielsen, Edward Rushton, August Larsen and about seven others along with their families. Irrigation began in 1881 and the main crop was fruit trees. The city began to experience rapid growth in the 1970s, when the area that is now West Valley City consisted of the four separate communities of Hunter, Granger, Chesterfield, and Redwood. These four unincorporated areas merged in 1980 to form the present-day city. During the 2002 Olympic Winter Games, West Valley City was the official venue for men’s and women’s ice hockey. Neighborhoods Chesterfield, Redwood, East GrangerThe Eastern side of West Valley City consists of the Redwood, Chesterfield and East Granger neighborhoods. The neighborhood population in 2013 was 54,832. This area of West Valley City has a median household income of $42,512, which is lower when compared to the rest of the city and region. The neighborhood’s racial makeup was 51.17% White, 35.08% Hispanic or Latino, 4.73% Asian, 3.24% Native Hawaiian and Other Pacific Islander and 2.51% African-American. Much of Eastern West Valley’s residential architecture is based on common brick ranch styles from the 1960s and 1970s. To the north of Parkway Boulevard exists a significant number of light industrial developments. South of Parkway is mostly residential and commercial, including Valley Fair Mall and the Maverik Center. West Valley City planners are currently developing a planned mass-transit anchored Downtown area near the Valley Fair Mall with the emergence of the Fairbourne Station as a gathering place and revitalization of the mall. West Valley, West Granger, Hunter, LakeparkThe Central portion of West Valley City consists of the West Granger and Hunter, south of 3100 South, with the Lakepark and Westlake Business Park commercial and office developments taking up the majority of the space north of 3100 South. The neighborhood population in 2013 was 49,107. This area of West Valley City has a median household income of $55,087, which is typical for the state of Utah and Northern Salt Lake County. The neighborhood’s racial makeup was 53.82% White, 32.11% Hispanic or Latino, 5.04% Asian, 4.54% Native Hawaiian and Other Pacific Islander and 1.57% African-American. Much of Central West Valley’s residential architecture is based on common brick ranch styles from the 1960s and 1970s. The High bury planned development is currently being established in the northwestern portion of this area. This is a large planned mixed residential and commercial area with a large pond and many casual restaurants in a walk-able district near 5600 West. Lawyer For West Hunter, Woodhaven, OquirrhThe western portion of West Valley City consists of the West Hunter, Woodhaven, and Oquirrh neighborhoods. The neighborhood population in 2013 was 28,475. This area of West Valley City has a median household income of $64,356, which is slightly higher than the median for both the state of Utah and Salt Lake County. The neighborhood’s racial makeup was 60.65% White, 29.62% Hispanic or Latino, 3.15% Asian, 2.37% Native Hawaiian and Other Pacific Islander and 1.39% African-American. Much of western West Valley’s residential architecture is based on 1990s and 2000s planned developments. The majority of the neighborhood is residential, with the exception of many strip-mall style commercial developments along its eastern border of 5600 West. The city’s master plan calls for a Hunter Town Center development near the intersection of 5600 West and 3500 South, but no structures have yet been developed specifically for this. This side of West Valley City is also home to USANA Amphitheater, though it technically shares the 84118 zip code with Kearns and Taylorsville, rather than West Valley City. What Is a DUI?Anyone who is operating a motorized vehicle or a vehicle with any type of drive train can get a DUI-type offense. This includes the use of motorized watercraft, lawnmowers, mopeds, and even non-motorized bicycles. Individuals using skateboards, rollerblades, etc., would not be charged with a DUI offense if they are stopped while they are intoxicated on these conveyances, but could be charged with some other offense, such as public intoxication, depending on the jurisdiction where the offense occurs. There are several general issues to be aware of when an individual is charged with a DUI offense. All of these issues will vary from state to state, jurisdiction to jurisdiction, etc. In order to learn the exact details regarding DUI type offenses in one’s state, consult with a licensed attorney. All of these offenses indicate that the individual has been apprehended by a police officer while operating a vehicle under the influence of drugs or alcohol. The officer only needs to have an inclination that an individual might be intoxicated from their behavior, mild inconsistencies in their driving, their posture while they are driving, or for any number of other reasons that the officer can choose to make an initial stop. Once the officer stops the individual, they can administer tests to confirm if the individual is legally intoxicated. Is a DUI a Felony?DUI type offenses may or might not be felonies. In most jurisdictions, an individual who is getting a first-time DUI will most likely be charged with a misdemeanor. However, an individual who severely injures or kills someone while under the influence of alcohol or other drugs will be charged with a felony. Some states now also charge individuals with felonies even for first-time offenses if they have a very high BAC; the level can vary from state to state, but as an overall standard, a BAC of 0.15 or higher is a red flag to most legal authorities. If an individual is arrested for a DUI-type offense while their driving privileges have been suspended or restricted, they may be charged with higher-level offenses. The trend in numerous states is also to charge individuals with multiple DUI offenses with felony convictions after they have been arrested many times for DUIs or similar offenses (most often, three times or more). Thus, in many states, after an individual has two (or three) DUI convictions on their record, any subsequent arrests for DUIs are felony convictions. Things That Happen If You Get a DUIIf you are arrested for drunken driving in any state in the U.S., there are several things that are going to happen that will cost you money. If you are convicted of driving under the influence and you want to get your driving privileges back, things are going to get very expensive. Court appearances, fines, and fees are just the beginning for convicted drunk drivers. There is also the expense of going to DUI school, getting evaluated for a drinking problem, getting treatment if you have a problem, paying higher insurance premiums and having an interlock device installed on your vehicle, in many states. The following sections outline in detail some of the things that will happen if you get a DUI. None of them are fun, and most are expensive. Arrested and BookedIf you are arrested on suspicion of drunk driving, the first thing that will happen is you will be placed into a police vehicle and taken to the nearest police station or jail. There your photograph (mug shot) will be taken and you will be fingerprinted. In some states, you can be released immediately if someone comes to the jail and pays your bail and drives you home. Several states have laws requiring minimum jail time of at least several days for a first offense. Appear in CourtAt the time of your arrest, you will be given a ticket or a summons that tells you the date that you have to appear in court to face driving under the influence charges. For some drivers, it is a humiliating experience to have to appear in public to answer charges of being drunk. In today’s courts, if you deny the charges, plead not guilty and try to fight the case, chances are you and everyone else in the courtroom, are going to see a video of yourself failing the field sobriety test taken from the officer’s dashboard camera or taken at the jail where you were processed. Lose Your Driver’s LicenseIn all states, even for a first-time conviction, your sentence will include the loss of driving privileges for a period of time. Even in states that offer a hardship license that allows you to drive to work or school during the time your license is revoked or suspended, your driving privileges are drastically curtailed. In some states, if you refused to take the field sobriety test or submit to a breathalyzer or blood test, your driver’s license is suspended immediately, even before you go to court. Pay a FineIf you are convicted of driving while intoxicated, part of your sentence will definitely include paying a fine. All states have laws setting minimum and maximum fines for drunk driving, but those penalties can be enhanced by other circumstances. For example, if the property was damaged, someone was injured or a child was endangered as a result of your driving while drunk, the fines can be increased. In most states, you will also have to pay the court costs associated with your case. Go to JailIn a growing number of states, jail terms have become mandatory even for first-time drunk driving offenders. Typically, first-offender jail terms are only one or two days that can be served on a weekend, but it is still jail time. For repeat offenders, jail is mandatory in most states and the terms are longer than a couple of days. And again, if there are aggravating circumstances connected with your DUI case, the penalties can be increased. Complete the Terms of ProbationEven if you are not sentenced to any jail time for your DUI conviction, you will probably be given a probation sentence, the terms of which are determined by the sentencing judge. If you fail to meet the terms of probation, you can be sent to jail, even if you are a high-profile Hollywood celebrity. Regardless of the terms, the probation sentence itself is another expense you will have to pay. Typically, this is a monthly fee you must pay for the cost of administering and supervising your probated sentence. Undergo Alcohol EvaluationAs part of the court-ordered alcohol education and assessment program mentioned above, a trained counselor will also evaluate your pattern of alcohol consumption to determine if you have an alcohol abuse disorder. Typically, the evaluator will ask you a series of questions about how alcohol affects your life. If the evaluation finds that you’re drinking rises to the level of alcohol abuse or dependence, you may also have to undergo a court-approved alcohol treatment program before you can get your driving privileges back. DUI Punishments and PenaltiesAs with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often through the defendant’s own plea or after a jury trial), the penalty will depend on state law, as well as on any aggravating circumstances (such as the presence of an open bottle of liquor in the car) and the defendant’s cooperation with the police. Jail TimeIn all states, first-offense DUI or DWI is classified as a misdemeanor and punishable by up to six months in jail. That jail time may be increased under certain circumstances. For example, some states mandate more severe punishments for DUI or DUI offenders whose blood alcohol concentration (BAC) at the time of arrest was particularly high—for example, .15% or .20%, very high considering the legal limit of .05%. Many states also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year. For a DUI or DWI that’s been classified as a felony either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial. DUI FinesIn addition to jail sentences, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000. Driver’s License ProblemsA DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). For example, many states suspend a first offender’s license for 90 days; a second offender’s license for one year; and a third offender’s license for three years. Refusal to take a blood, breath, or urine test can result in a license suspension regardless of the finding of guilt, in addition to other penalties in many states. However, sometimes it’s possible to obtain a “hardship license” to drive to and from places like work and school during a suspension. Some states take further steps to make sure the person (particularly a repeat offender) doesn’t get back on the road. The state may confiscate the car or cancel its registration, either temporarily or permanently. Or the state may require an ignition interlock device (IID) to be attached to the DUI or DWI offender’s car. This device requires the driver to blow into a small handheld alcohol sensor unit attached to the dashboard. If the person’s BAC is above a preset level (usually .02% to .04%), the car won’t start. Alternative Forms of PunishmentA number of states’ court sentences may include alternative sentencing, such as alcohol teaching and prevention programs, treatment for alcohol abuse, assessment of a person for possible alcohol or drug dependency or addiction, and community service or victim restitution. The judge may recommend these steps instead of jail time or paying fines, most likely for a first offender. Or the judge may combine them with other penalties. In Texas, for example, minors convicted of a DUI must perform community service, in addition to any other penalties. Young OffendersA minor who is arrested for driving while under the influence of alcohol or drugs won’t get any breaks from punishment — in fact, being young is likely to make matters worse. The legal drinking age is 21 in most states, so drinking before that age is a separate crime. In addition, some states penalize underage drivers based on lower BAC levels than the standard .08% for adults, typically .02%. The state may impose adult sentences on minors, and underage DUI offenders are likely to have their licenses suspended for one year. Other ConsequencesIn addition to legal penalties, the driver’s insurance company may cancel the insurance policy or drastically increase the rates because of the hit to the person’s driving record. And a drunk driving charge stays on a person’s driving record for many years. Plus, if the driver’s license is suspended, the insurance company is likely to cancel the insurance policy. Certain jobs may be closed to those who’ve been convicted of DUI or DWI, such as driving a school bus, delivery van, or any other vehicle as part of their employment. Finally, the driver may face a separate civil lawsuit if accident victims decide to sue for property damages or bodily injuries. Free Initial Consultation with LawyerIt’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!
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 The post Best In West Valley City UT DUI first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/best-in-west-valley-city-ut-dui/ |
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