Archive for July 23rd, 2009

A Structured Foreclosure Process

At any time any foreclosure case is registered, a structured process follows. In a judicial state, foreclosure begins as it is filed; in a non-judicial system, foreclosure begins once the Notice of Trustee Sales or the Notice of Default is filed. The beginning marks the pre-foreclosure stage, or the preparation before the actual handling of the case -the time when you can make the most money out of the case.

Ordering a Trustee Sale Guarantee (TSG): This is another name for a Title Report.

Several notices are sent out, one to each individual with beneficial interests or rights to the real property being foreclosed.-This includes everyone with a lien on the property, for instance anyone with a second mortgage, and yes, this includes the IRS.

Substitution of trustee: In a non-judicial state, there is always a Substitution of Trustee. This stems from the three tiered approach, which consists of:

Trustor, borrower of the money, Trustee, a beneficiary, Trustee, the one entrusted to handle the case or oversee the process

You may see a Substitution of Trustee posted at the County Recorder’s Office. This trustee only handles foreclosures and will follow the process to the end.

Post legal notices: In nearly every state, the laws require the county to post legal notices. These notices may appear in regular newspapers or other publications. Some of these other publications include a “legal newspaper”, sometimes called a “county recorder”, in order to follow the requirements of the law. In addition, most states require that the foreclosure notice be posted at the property.

Maintaining constant contact -Constant contact should be maintained with the title company to ensure that no liens remain attached to the property being foreclosed. Bankruptcy can put a halt to the foreclosure, as bankruptcy is handled by federal law, superseding state law.

Credit Bid -The beneficiary or mortgagee must prepare a credit bid -the starting amount at the county auction.

As dictated by state law, the credit bid is determined by the principal balance plus arrears:

Bank Interest, Penalties, All legal fees. Arrears can include homeowner fees, and second mortgages. In a judicial system, it’s the attorney who will handle the preparation of the credit bid; in a non-judicial system, it’s the trustee.

Payment-includes reinstating the loan, a task reserved for the owner. Suspension or cancellation of the sale -This can be done at any time by the mortgagee or beneficiary, provided prior arrangements have been made with the owner.

Notice of Trustee Sale. Take a look at the Notice of Trustee Sale on the facing page. This is a real life sample, an official document. Note the time and place of the auction. Notice the term, “purported.” Property descriptions can vary, so you must be sure to have the correct property and the correct legal property description. This legal description can be obtained from the County Tax Assessor’s office and make sure it matches the actual address, as street numbers may have changed over the years.

Due on Sale clause. This is a clause in the mortgage that legally binds the borrower to pay the lender in full -should the property be sold or transferred at any time. At this point, the lender holds no authority to stop any sale or transfer, but instead has the authority to legally demand full payment. Financially speaking, for the lender, this has the same effect.

Should there be no due on sale clause, the loan is usually assumable even without the consent of the lender -as older VA and FHA loans are. This will have a considerable effect on the sale of the foreclosed property, an effect that will be beneficial to you. The bank will, in all likelihood, be unaware of the transfer, if you get the deed during the pre-foreclosure stage of the process -provided all payments are being met. If you acquire the property and immediately sell it, or even later, the requirements for paying off the loan can easily be fulfilled then.

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Lake front land for sale

Shopping For Lake Land For Sale | Auto Finance Toronto
Lakefront land for sale in the United States is becoming a popular investment alternative. As the scarcity of lake land continues to rise and the demand for lakefront land in the United States continues to rise, more and more investors …  read more…

Buying Lake Land From Developers
Buying lakefront land in the US doesn’t have to be difficult. Lake land for sale in the US are proving a popular investment opportunity due to the scarcity of land, as the demand for lakefront land in the United States continues to rise …  read more…

Lakefront home | Lake House
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Newfoundland Travels-Northwest Newfoundland
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Today we traveled to Gros Morne Nat…  read more…

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Little Elm: Bumpy road ahead as bridge opening draws near (Flower Mound Leader)
The Lewisville Lake Toll Bridge could elicit new motorists and economic expansion, but also mark the end to a serene era for some lake residents. Little Elm officials say the $122 million bridge, slated to open in August, will bring in new businesses and visitors.  read more…

Invaders in playoff hunt (Star Beacon)
The Lake Erie Invaders enhanced their playoff chances and prepared for their Gridiron Charity Car and Bike Cruise-in at Perry High School’s Alumni Stadium with a 17-6 victory over the Canton Hurricanes.  read more…

Field set for softball Challenge (Star Beacon)
The field has been set for the first Sports and Sports Softball Challenge, which will be held the weekend of July 31-Aug. 2 at Ashtabula’s Softball City complex off West Avenue.  read more…

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Resolved Question: What do you think of this story?
**I didn’t write this, a friend of mine did. I’m just doing her a favor and trying to collect some feedback. xP

I’ll only post the first 2 chapters as the rest are… “adult literature” :P

Prologue

I looked lazily at the intense blue waves, the sun shining over my head and blinding me, causing me to put my hand in front of me, blocking the amazing view. I rolled on to my other side, the sun somehow moving along with me. After another few tries and blocks I reached for my bag, which was a few centimeters away from me. Along with the sunglasses, a lot of other random crap I carry around fell out, including a shiny mirror with a purple, sparkly handle, which could belong to a five year old, but not to me, but still found a way to land in my black leather bag.

Unable to resist the temptation, I grabbed the ugly thing along with the sunglasses, casting a long look in the mirror. I was definitely not going to win any beauty contests, but at the same time you could call my look satisfactory. I had soft, medium length brown hair, which had about six different hair products wasted on it every two or three days. From the top of my head, I could name shampoo, two conditioners, balm, anti-frizz and cream.

Okay, below the amazing, multi-layered hair, you can see a tanned face. SPF 15 plus two month on the beach finally gave me the color promoted in the vacation magazines. On it, you can see one or two pimples, the last remains of annoying adolescence, or whatever did not evaporate from the deep cleanser and moisturizer applied by me daily. I have thick eyebrows, green eyes with a yellowish – orange color in the middle, and large lips. On top of that, shiny pink lip gloss and lengthening mascara. Oh yeah, and gold eye shadow.

I threw the mirror away, sitting up on my towel. I wasn’t usually paying too much attention to my looks, aside from a five-minute daily inspection while applying makeup.
Other than my recently described face, I am a pretty tall person of average weight. Usually, I wear either jeans or black. Aside from the bright variety of t-shirts, which I probably have in every color of the color wheel, and a few variations.

Now I am bored with describing how I look, so I guess I’ll move on to the personality part. The trait I like about myself most is my intelligence. With an IQ of 130, my favorite hobbies are practicing sarcasm on random people, talking on MSN and giving guys a rating of HQ, or hotness quotient, a system invented by me. I am also selfish, even through I am not black, and not exactly friendly. One more hobby to add to my growing list is taking bets. The most recent one was with my ex-boyfriend, whom I bet that I will not insult a person once in a whole day. Somehow, I won the bet. I still can’t believe my luck.

I turned around, giving the sunshine full access to my back. Turning my head, I saw my friends right beside me, on three identical blue furry towels bought on sale in the beginning of the summer. On my left was my best friend Miranda, her long, curly brown hair covering her face. Right after her lay Grace, who was attempting to read a book while still covering her eyes from the blinding light. On my right was Lilian, who was now agitated, jumping off the towel and covering the sun from my view by leaning over our towels.

“Come on!” Lilian yelled merrily while throwing her long black hair off her face. “I’m burning! Get up and let’s go swimming!”

I lazily turned my face to her, closing my eyes and opening them again. Lilian’s face loomed over me, while I stood up and turned towards the towels Miranda and Grace lay on. Somehow, Lilian always chose me as her victim, and I usually didn’t protest. Most of my friends and classmates considered her very annoying, as did I, but I still found the patience to tolerate her. She was also known as “Godzilla” to the students of Crosby High School. Despite her nickname, she was still a good friend and was basically the child of our class.

“Ugh. The water is so cold.” I protested loudly, before looking at Miranda for support. Instead, she stood up and walked towards the lake.

“Oh, come on, Steph. In this heat, I’ll boil if we don’t go swimming.” She said, before dashing to the water and diving in, first shuddering from the cold but quickly adjusting and waving for us to join her. Lilian walked quickly to the lake, going in slowly to finally start swimming beside Miranda. I waited for Grace, who was slowly, drowsily closing her book and standing up. At last, I was in the water, swimming forward strongly to catch up to Miranda and Lilian.

After ten minutes of random swimming, everyone visibly got bored, and swam back to the shore. Not wanting to get out of the water yet, we stood in waist deep water. Suddenly, Miranda dived in the water, making a huge splash of water that caused us to jump back quickly, still getting splashed. Soon, a water fight erupted, with all of us getting absolutely wet,
I was going to post the first 2 chapters, but I guess they were too long and didn’t show up xD

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Resolved Question: Real estate Legal advice?
I agreed on a purchase price for a home for $500,000.00. I had a home for sale for the same price. I was wanting to wait to move into the new home after I sold my house. The owner was adamant I moved into the new home in April 1, 2008. We agreed on a price of $10,000.00 a month which I started paying in December of 2007, and have every month since. So I have paid $100,000.00. I went to his lawyers office which is in the same office as my lawyer. I asked my lawyer if it was ok to sign the Buy Sell agreement. He said it was a basic agreement. I knew I had to get financing by 12/15/08, or I would lose my money paid toward the purchase of the new house minus some Interest. The seller moved out of his house and left everything but their personal photos. The seller is regarded as a multimillionaire. I thought it odd he and his wife would move out and leave everything and move into a 14′x60′ mobil home! The agreement listed in the Buy Sell agreement the purchase price of the furniture for $20,000.00. He was insistent we move into his home on April 1, 2008. We did. A few months later the sheriffs office started attempting to deliver papers to the Seller. They left a set of papers with my wife for us to deliver to the Seller. I couldn’t help but read this suit. It was for the sum of almost $500,000.00 for a personal guarantee they made on a loan with a major US bank. I called my lawyer, he told me to return the papers to the sherriffs office. The next day, the sherrifs office came back to my home to drop off more papers. I returned the papers to the sherrif. The officer replied they had several more to serve to the Sellor and his wife. I hired a lawyer to investigate this situation. It was found Sellor was being sued for about $1,000,000.00. The house I am paying $10,000.00 a month on also had up to a $50,000,000.00 attachment for a real estate deal he was doing on condo construction. He denied he was being served papers. He said they were someone elses. I saw the paper. They were his!
Since, Sellors sister told me Sellors condos have a huge note on them, and the loan has been called. Sellors sister was concerned because her father built a new home and the same Sellor of my home, still owns the land fathers house is built on. Sister went to court house and said all of the property my new house, and her fathers house is on is tied up with the called note. I also found out he has a Line of Credit of $350,000.00 tied up in my home also. Sister found out Sellor has been taking $10,000.00 out of fathers account, as he has POA.
Sellor has started building a new home, but construction has stopped with bricks 4′ high. So I knew something was wrong with his finances.
He has been urging, even calling banks and setting up appointments for me to go and try to get financing on the home Sellor owns. I cant get financing on this home, because I havn’t been able to sell my house.
I am in the process of moving out, as Sellor has put everything he has up for sale. Sellor called me and told me I can move out, but this house is mine. I would have to keep making the $10,000.00 payments however until I sell Sellors house. I am out $100,000.00.
My lawyer and I met today, and he said the Buy Sell contract I signed didn’t have the usual terms in it to give me an out if I couldn’t get financing. The lawyer didn’t see this and didn’t advise me it needed to be in the contract before I signed it. Sellor is saying he will sue me for Specific Performance.
I have moved out the furniture from Sellors house, as the 1st two payments went to purchase of the furniture.
I also had a banker who was wanting to finance Sellor’s house for me, but it was found the 20′ of lake front was retained by Sellor. My banker informed me he couldn’t finance the property because the property had to go to the lakes edge.Seller told me I had a nice boat landing on the water. He didn’t say I could use it, that it was his!
What are my options if any except pay for the Sellors house? My lawyer told me I can’t list the home because I don’t own it.
Do I have any other options? Any Recommendations?
Thank you all very much.

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Errors And Omissions Insurance Could Save Your Company

We live in an extremely litigious era, and no matter how unintentional a mistake might have been, or how baseless a client’s claim might be, many people turn immediately to the courts and file law suits to seek some kind of compensation for damages real or perceived. This is where companies and individuals can turn to Errors and Omissions insurance for legal protection in these circumstances.

Errors and Omissions insurance can protect individuals and companies from claims when your client or customer tries to hold you responsible for errors or for failure of the work to live up to what was stated in the contract. Contract performance disputes can be serious trouble for a company, but a good insurance program can keep you in business.

This type of insurance can be applied to almost any business, but it is especially useful to a company in the services industry. When you offer a service for a fee, you don’t have as much tangible proof that the job was done correctly. That’s why customer will more often try to dispute those results and turn to litigation.

Think of Errors and Omissions insurance like you would malpractice insurance. Both of these policies are there because sometimes, despite your best efforts, things just go wrong. And when it is a costly something and the client seeks compensation for the error, this kind of insurance can be a lifesaver.

And sometimes there are situations that are just out of your control, and no matter how much effort you put into finishing the task or job as it was outlined in the contract, it just can’t be done. It might be because of an underperforming employee, or a debilitating accident on the job. The thing to remember is that while it may not have been your fault, that doesn’t mean the customer won’t seek compensation. Will you be ready for it?

Different insurance companies will, of course, offer different levels of Errors and Omissions protection, and you should make the sure coverage is right for you. There may be some options you don’t need, and there are some features you don’t want to miss. Either way, make sure that you understand your policy and how it will protect you.

A good policy will cover any judgment against you as well as any legal or court fees that you might incur. Even if the claim is totally baseless and the judge rules in your favor, the costs of lawyers and legal fees can do significant damage to a company, so be sure the policy covers both areas. You should also be sure that the policy will cover full time, W2 employees as well as 1099 subcontractors.

Unfortunately, many companies forget about the benefits of Errors and Omissions insurance. They believe that since they haven’t had any problems so far, they’ll be fine in the future. But the fact is that it only takes one litigious customer to cause serious problems. The right policy, however, can help you avoid them all.

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Maintain Accurate Records While Renting

As a landlord of one of the rental homes in Utah, be sure to know how to keep good written records. They need to be accurate and well organized to make sure you have all the correct information on your rental home and on tenants for your documents.

KeyRenter helps landlords take good records for their taxes and other reasons. They handle all the accounting and managing of rental homes in Utah since they act as a Utah property management company. Records help landlords realize how much money is going in and out of the home and have background information on tenants on hand.

Make a file for each of your tenants. In this file should be records of the lease agreement, any written correspondence to and from the tenant, security deposit information, and any other important documents relating to the tenant. Keep these documents in a clean, orderly manner. If you have to bring them to court, the judge does not want food-stained, wrinkled, doodled documents.

If you must write notes on documents such as phone numbers or other information, then make yourself a photocopy for this purpose. Don’t write on the original documents; keep those clean for any possible court needs. You should also keep a rent ledger or receipts of received rent money. KeyRenter provides their homeowners with monthly accounting statements so they can save time on this process and know that it was done property by rental professionals.

When corresponding with the tenant, it is important to have everything in writing. Disputes are usually because of misunderstandings in conversations. If everything is recorded then it is easier to go back and see where the misunderstanding happened. When you write something to the tenant, be sure to include all details and to date the letter. Also, save and date anything sent to you by the tenant.

It is especially important that before the contract expires, that the current tenant lets you know in writing whether they are going to renew the contract or move out. This should be an advanced notice of 30 days. This is to give you more time to find a new tenant and to also have documents proving the original, final decision of the tenant. Sometimes tenants change their minds when they legally aren’t allowed to. Keep all record on hard copy and filed away in a safe place for safekeeping.

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