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This is your very first post. Click the Edit link to modify or delete it, or start a new post. If you like, use this post to tell readers why you started this blog and what you plan to do with it.
This is a great question asked every day. Well, in cases of a divorce there is a lot of stress as people wonder whether things are gonna be okay after the divorce. This can cause mental health disorders to the parties involved.
It might be difficult for these people to make any decision soberly and may end up indulging themselves in unruly behavior they never had before.
It is better we are keen on some of the behaviors that we adopt when we are under pressure after a divorce or in the process of divorce. Sleeping a lot or little could be one of the sign, eating too much or too little, drug and substance abuse and thinking of harming oneself are some of the things we should be watching closely.
The more ignorant we are the more dangerous it can be on our state of mind.
Mental health refers to a range of health conditions which affects how a person feels, behaves, thinks and his or her interaction with other people.
When a person is going through a tough time like divorce in life, they may not be able to hold the pain for long and so may end up developing a complex. There are a number of types of mental illnesses. Let’s dive in.
Types of mental illness
● Anxiety disorders
This disorder is illnesses that cause people to feel frightened, distressed and uneasy for no apparent reason. Normally when people are going through a divorce there is a lot of fear for the future and life.
Your life is in a transition bumping into the world of the unknown is the major fear that creeps into your mind. Don’t ever panic about life. Provided you are on the right path, you will make your way through. Again when you realize you panic a lot or you have a phobia in any way, it’s better you seek medical support. Left untreated, these disorders can dramatically reduce productivity and significantly diminish an individual’s quality of life.
● Mood disorders
Divorce comes as a full package especially when you are not expecting it to happen. You will find yourself developing a lot of anger with just simple things including your kids. Sometime you are sad, other times you feel lonely and irritated for no reason.
Remember in as much as you are sad that your marriage is breaking up, there are people who care about you. Make sure you don’t hurt those who care in the name of a divorce. In fact, this is the time you should be very cautious. If you notice that you are developing mood swings, seek help swiftly before it erupts into something big.
● Eating disorders
Abnormal eating habits are serious, chronic conditions that can be life-threatening, if left untreated. In most cases after divorce, there are variations in the expression, symptoms, and course of eating disorders. Some people after divorce will eat a lot more than they used to and at times others eat less or don’t eat at all. This is expected but if ignored it can develop to something big.
This is a condition which is distinguished by consciousness disruption. After divorce, it’s likely you’ll start forgetting things because of overworking your mind. Losing your memory could lead to a bigger problem so is better to seek help from a psychiatrist
● Personality disorders
People with personality disorders have extreme and inflexible personality traits that are distressing to the person’s social relationship. In addition, the person’s patterns of thinking and behavior significantly differ from the expectations of society and are so rigid that they interfere with the person’s normal functioning.
● Pre and post-traumatic stress disorders
It is a condition that develops after going through or before going through a terrifying event for instance, an exam, a divorce, loss of a loved one among other things. In cases of a divorce process and after divorce your social life may be affected greatly.
You might find you want to be alone and mingling with others becomes difficult. In as much as you have pain in your heart, try to make new friends and if possible be able to maintain your social status.
● Impulse control and addiction disorders
People with impulse control disorders are unable to resist urges, or impulse falls, to perform acts that could be harmful to themselves or others. Alcohol and drug are very common when it comes to substance and drugs abuse as well as objects addictions.
Many people go to abuse in the divorce process and after the divorce since they believe it could release them off the pressure. Others become sexually addicted and cannot help themselves out so its better to seek help as early as possible before things falls apart.
For you to evade stress that comes with the divorces am going to take you through to a number of tips how you can manage mental illness.
All breakups are difficult, but ending a marriage with someone who has a personality disorder or mental illness can put your divorce at the extreme end of the spectrum. You don’t think right and you may find yourself going crazy. The best thing for you is to understand the following:
● Feelings will flood your journey but what matters is how you will respond to them
Recognize that you will at times feel exhausted, sad, angry, pain and confused. Again you will feel like your world is coming to an end and the future becomes a nightmare. At this juncture, the way you will respond to this reaction is what matters most. Make sure most of your time you are engaged with something to keep yourself busy.
● Take time to heal and re-energize
Giving yourself a break could be good for you. Understanding that for some time you will not be as productive as you were before the divorce could save you a lot of trouble. Nobody’s perfect and nobody’s a superman or a superwoman. Understand its very normal to feel that way and move on to regroup yourself back on the track.
● Find someone accountable you can talk to, don’t go through it alone.
Sharing your feelings and problems during this time with family and friends can help you carry on this period. As you share you will realize you are not alone. Many could be going through the same and it could help you to overcome also. Join support groups and seek a lot of advice from maybe a counselor to help you go through.
Isolating yourself can raise your stress levels, reduce your concentration, and get in the way of your work, relationships and overall health. Don’t be afraid to get outside help if you need it.
● Reconnect with the things you enjoy most apart from your spouse
Sometimes because of the responsibilities that come with marriage, we tend to forego our interests. During this time take your time to explore what makes you happy. See yourself as successful as you can be in musical interest, start your dream business, you want to be swift start skating classes.
What I want to communicate is make sure you exhaust your potential to the maximum of your abilities.
● Take care of yourself emotionally and physically
Be good to yourself and to your body. Take time out to exercise, eat well and relax. Keep to your normal routines as much as possible. Try to avoid making major decisions or changes in life plans.
Don’t use alcohol, drugs or cigarettes as a way to cope; they only lead to more problems. Let your life be your motivation factor. Know your ex partner is watching and everyone around so please don’t give them a chance to prove you wrong.
● Do not involve your kids in your conflict with your ex-partner
Make sure you avoid arguing with or talking negatively about the other parent in front of your kids. Don’t use them as spies or messengers, or make them take sides. As much as you and your spouse have parted ways, your kids will remain to be for you both.
Talking ill of the other spouse could lead them to develop a bad attitude toward their daddy or mommy. It is better as you fight you keep your children off the game.
● Think positively.
This may not come automatically but try as much as you can to always think possibilities. Things could be a bit rough for you but there is always a way in a highway. Navigate the world. Make and meet new friends, move forward to with reasonable expectation and understand there is no time for self-pity it will make your transition easier.
Mental illness just like any other disease needs to be treated for the person to be fit. There are various ways in which mental health can be treated you can have psychological therapy, medication, and various supports in the community quickly let’s dig deeper into them.
● Psychological therapy
Visiting a doctor, a psychologist or any other professional and talks about symptoms and concerns you have been developing. Discuss new ways of thinking about and managing them. will help you recover. Mostly divorce requires you to take a lot of talking to relationship experts for you be able to carry it through.
It reaches a point in life where you cannot bear the pain and so end up being sick mentally and so some people start taking medication for a while. Others may need it on a daily basis depending on the level of the condition they might be in.
Medical research shows that many mental illnesses are associated with an event that happens in life divorce being one of them. If at all you cannot bear it up, it’s better to use medication before things go to the extreme.
● Join a community support program
Be dynamic. Utilize your free time and if you don’t have time create to serve your community. It’s a great way of healing, the more you get involved the more healing becomes easier for you. I know you are asking what you could do for your community but there is a lot especially when you want to overcome waves of divorce.
Get to know people in your community who need help and channel your efforts there. Starts off charity and other support programs as the day go by you will find yourself healing.
● Dual Diagnosis Treatment
Dual diagnosis treatment offers comprehensive mental health services for those struggling with both a mental health condition and an addiction or substance use disorder. Dual diagnosis treatment addresses and treats both conditions simultaneously thereby helps to maximize chances of recovery.
● Peer support
As the saying goes, no man is an island. You need help from friend and relative, share out with them and healing becomes easy for you. Talking to them will help you understand you are not alone and shockingly you will find others with scars worse than yours and were able to overcome.
In a minority of cases, hospitalization may be necessary so that an individual can be closely monitored, accurately diagnosed or have medications adjusted when his or her mental illness temporarily worsens.
● Self Help Plan
A self-help plan is a unique health plan where an individual addresses his or her condition by implementing strategies that promote wellness. Self-help plans may involve addressing wellness, recovery, triggers or warning signs. It all starts with you. Understand you are different and accept your current condition. Your marriage breaking up does not mean that the end of your happiness. Remember when one door closes another one opens up for you. Re-plan your life you were born to win and work towards achieving.
Believe in yourself and try as much as you can to think positively about life will help you recover within a short period. You can start doing something different like a business, enroll in a class to further your course or start something different from your area of study. This will help to boost your strength and abilities and eventually unlock a potential you would not have imagined.
When you are buying land for development, you should seek the assistance of an experienced Provo Utah real estate lawyer.
Finding a suitable site involves establishing a set of criteria by which alternative locations can be identified and assessed. These would broadly relate to market, physical, legal and administrative conditions and constraints. Once a shortlist of say three or four options has been drawn up, a preliminary appraisal will be conducted in order to determine the most suitable choice. This is the proverbial “back of the envelope” analysis, which combines an objective assessment of likely cost against value with a more subjective judgement based upon experience and feel for the market. Ideally, of course, the right site looking for the right use meets the right use looking for the right site. But there is no magic formula.
Undertake a more refined appraisal of the viability of the proposed project, taking into account market trends and physical constraints
Decide to what extent will further inquiries, searches, surveys and tests have to be conducted, by whom and at what cost, so that there is sufficient information available in order to analyze the financial feasibility of a development proposal. This will normally entail a more detailed assessment of market demand and supply; a close examination of the changing character of the sector; projections of rents, values and yields; and estimations of costs and time. An initial consideration of the structural engineering design foundations and subsoil will also be undertaken. Having assembled all the data, a check should be conducted to ensure that the basic concept achieves the optimum use of the site or buildings and maximizes the amount of letting or operation space.
Consult with the planning authority and other statutory agencies with regard to the proposed development.
Apart from making sure that all the usual inquiries are made in respect of preparing and submitting applications for planning approval and building regulation consent, it is also essential for the developer to create a positive climate within which the development can progress. This means that the right people in all the various authorities and agencies concerned with accrediting the proposal must be carefully identified, and approaches to them properly planned and presented. First impressions are always important, and simple precautions can be taken, such as consulting with all the contributors to the project to compile all the preliminary inquiries together, to avoid duplication and dispatching them to the authorities and agencies in sufficient time to allow proper consideration and formulation of response. Among the principal factors the developer will seek to establish are the prospects of being expected to provide elements of planning gain by way of legal agreements and the likelihood of obtaining a consent, the possibility of having to go to appeal, the chances of success, and the consequent probable timescales and costs resulting. An experienced Provo Utah real estate lawyer can assist you deal with the planning authority and other statutory agencies.
Identify the likely response from other interested parties to the proposed development
The developer needs to have heightened understanding of how a particular scheme of development will be received by those likely to be affected by it, or have a voice in how, and if, it proceeds. This implies a knowledge of the distribution consequences of development and a comprehension of, say, urban renewal policy. They must, therefore, be able to predict who will oppose, why, how they might organize their opposition, what influence they exert, and how best to negotiate with them and reduce potential conflict.
Establish the availability of finance and the terms on which it might be provided.
Because the parameters set by a fund can influence and even determine the design and construction of a building, great care must be taken in selecting a suitable source of finance and in tailoring the terms to meet the aims of both parties to the agreement. This will involve an evaluation of alternative arrangements for financing the project in question, including an assessment of the financial, legal and managerial consequences of different ways of structuring the deal. In doing so, it will be necessary to determine very closely the absolute limits of financial maneuverability within the framework of the development plan and program, for, during the heat of negotiation, points may be conceded or matters overlooked, which could ultimately prejudice the success of the scheme. Different sources of finance will dictate different forms of control by the fund. The major financial institutions, for example, increasingly insist that some kind of development monitoring be undertaken by project management professionals on their behalf, whereas a construction firm might provide finance for development but demand more influence in the management of the building operation. The developer must be wary. Presentation of a case for funding is also a task deserving special attention, and any message should be designed to provoke a positive response. Subsequent to a loan being agreed in principle, it will be necessary for the developer, in conjunction with their experienced Provo Utah real estate lawyer and other relevant members of the professional team, to agree the various drawings and specification documents to be included in the finance agreement. These will normally comprise drawings showing floor layouts and cross sections of the entire project, together with drainage, site and floor-related levels, and outline heating and air conditioning proposals, as well as a performance specification clearly setting out the design, constructional and services standards to be met. The financial dimension to project management is critical, for a comparatively small change in the agreed take-out yield can completely outweigh a relatively large change in the building cost.
Decide the appointment of the professional team and determine the basis of appointment.
It is essential that the developer, or an appointed overall project manager, has a good grasp of building technology and construction methods, together with an appreciation of their effect upon the development process. To this must be added a perception of the decisions that have to be taken and an ability to devise appropriate management structures necessary to carry them out. In deciding such questions as whether to appoint a small or large firm, appoint on the basis of an individual or a firm, select professionals for the various disciplines from the same or from different firms, choose professionals who have worked together previously or who are new to each other, or opt for existing project teams or assemble one especially for the job in hand—the respective advantages and disadvantages must be explored and weighed most carefully.
The chemistry is all important, but the opportunity to take such a deliberate approach towards the assembly and integration of the professional team is one of the great advantages of property project management. In this context, however, it is essential that the contractor is seen to be a central member of the team, playing a full part in the design process and not somehow placed in a competitive position. Increasingly, moreover, a choice has to be made between different methods of producing building services, such as package deal, design and build, selective competitive tender, two-stage tender, serial tender, negotiated tender, management fee contract or separate trades contract. However, a true project management approach might be said to be superior to all other methods. The members of the team, once appointed, will usually be required to enter into collateral warranties as to their professional obligations and be prepared to produce reasonable evidence of the adequacy of their professional indemnity insurance. It may also be that the fund as well as the developer will expect similar undertakings and will insist that the conditions of engagement reflect this part of the financial agreement. Prepare a brief that outlines the basic proposals for design, budgeting, taxation, planning, marketing and disposal and sets out all the management and technical functions, together with the various boundaries of responsibility.
There are many issues involved in buying a piece of land and developing it into a residential or commercial real estate project. This involves dealing with various authorities and also entering into contracts with professionals. An experienced Provo Utah real estate lawyer can assist you with the entire process.
Construction loans for real estate projects are secured by the future value of the completed property. Before a bank will make a loan, the developer must demonstrate this value by obtaining a specified number of purchase agreements or leases at or above projected prices to give the bank confidence that the project will sell out or lease up. The developer may turn to a bank with which she has a good relationship or she may shop around for the best loan terms. Before signing any construction loan document, consult an experienced Provo Utah real estate lawyer.
As soon as the developer has settled on terms with a bank and closed on the loan, she will acquire or “take down” the land and break ground, with the goal of completing construction as quickly as possible. Throughout the construction stage, the developer will be involved in a million little decisions from materials selections to construction details to the review of monthly construction payment applications. Until the building is finished she will be constantly re-balancing the project’s design, materials, systems, and costs.
Closing dates with tenants or buyers will drive the schedule. For large projects the developer may complete and sell or lease up a part of the project while the rest of the building is still under construction. High-rise residential and office towers are often completed and occupied from the top down, while horizontal developments like town homes and office parks lend themselves more easily to phasing that matches market demand and absorption. Whether the first condo unit or an entire building, the completion of construction signals the beginning of sales.
Once construction is complete and the building is ready for occupancy, the developer’s objective is to sell or lease it up for the highest prices possible as quickly as possible. The developer must repay the construction loan with proceeds from sales. The longer it takes to sell out or lease up, the higher the interest costs on that borrowed money—the carrying costs—and the lower the developer’s profit. During this stage the developer’s attention will be focused on ensuring that buyers or tenants who have signed purchase agreements or leases remain satisfied and show up to close on those contracts.
The developer’s involvement will not end until the building is completely sold out or, in the case of a rental property, leased up and then refinanced or sold. Some developers build to “hold” over a longer time frame and they will have ongoing responsibility for property ownership from maintenance to periodic capital improvements. When the developer does finally sell or “dispose of the asset,” whether it is as soon as it has been leased up to a “stabilized” level of occupancy (for example 90 percent) or decades later, she will return all funds to lenders and make distributions of equity and profits to investors.
It sometimes helps to view development this way—as a series of stages and as a list of tasks—but it can also be viewed as a process that is punctuated by a small number of important milestones. These include property acquisition, preliminary approvals, final approvals, achieving a predetermined percentage of presales or signing a lease with an anchor tenant, closing on financing, completion of construction, stabilized occupancy, and sale. Each of these is a required step on the way to a completed project and each requires the careful management of myriad tasks through multiple stages. While these lists of stages and tasks are easy enough to comprehend in the abstract, they are more fluid and messier in practice. Because no two development projects unfold in the same way, managing uncertainty and the “unknown unknowns” is just one more part of the business. Real estate development is a complex type of product development with high stakes. Minor mistakes or omissions in any of the stages, tasks, or milestones can derail or stop a project and cost the developer most if not all of his or her financial resources. And just one bad project can wipe a developer out.
An experienced Provo Utah real estate lawyer can assist you prepare the sale and lease agreements once the construction is complete.
When you need a quiet title case to fix the title to real estate, or you need to do an eviction, or you need a partition action or some other type of real property help in Provo Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.
Formally, a mortgage lender (mortgagee), or other lien holder, obtains a termination of a mortgage borrower (mortgagor)’s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure).
Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediately terminate the equitable right of redemption and take both legal and equitable title to the property in fee simple. Other lien holders can also foreclose the owner’s right of redemption for other debts, such as for overdue taxes, unpaid contractors’ bills or overdue homeowner association dues or assessments.
When you buy expensive property, such as a home, you might not have enough money to pay the entire purchase price up front. However, you can pay a portion of the price with a down payment, and borrow the rest of the money (to be repaid in future years).
Homes can cost hundreds of thousands of dollars, and most people don’t earn anywhere near that much annually. Why are lenders willing to offer such large loans? As part of the loan agreement, you agree that the property you’re buying will serve as collateral for the loan: if you stop making payments, the lender can take possession of the property in order to recover the funds they lent you.
To secure this right, the lender has a lien on your property, and to improve their chances of getting enough money, they (usually) only lend if you’ve got a good loan to value ratio.
Many homeowners believe once they’ve received a letter saying their home is being foreclosed on, all hope is lost and they have no option to turn it around. Some people even make an effort to move out once the letter arrives because the foreclosure sale date has already been set. All it takes is to know how to postpone a foreclosure sale date to stop foreclosure.
Some folks are not aware of the fact that home foreclosure can actually be stopped or postponed. Experienced foreclosure attorneys know how to stop a foreclosure sale date and even postpone a foreclosure sale date if that works better for your life situation.
When looking to stop a foreclosure sale date, the first course of action is to remain calm and realize there are many options available.
1. Contact lender for mortgage statements and ask for forbearance.
2. Decide if you want to pay the balance or refinance.
3. Challenge the foreclosure with a lawsuit.
4. File for bankruptcy.
5. Offer the house up for a short sale.
These are just a few approaches that obviously require more detail and activity to achieve the goal of stopping a foreclosure. However, it gives you an idea of the variety of possibilities available for keeping your home despite receiving a notice of default letter.
The best way to know what option is viable for your life situation is to consult with an experienced law firm with a previous track record of helping families save their home from foreclosure.
There are options you can take to postpone foreclosure date. Homeowners can postpone their sale date multiple times. There are even some steps to stop a foreclosure sale date but the best tactic is to let the expert help you, hire a foreclosure attorney.
Options that can Postpone a Foreclosure Sale Date
Simply ASK for a Postponement
This is a logical step to getting your sale date postponed. Call your mortgage company and ask them to postpone the sale date. Then make sure to keep in touch with them so the lines of communication remain open.
Many mortgage companies have websites that include assistance pages for those facing foreclosure. Visit these and see what steps are available for you with your particular mortgage company. It’s true that some mortgage holders are very cold and indifferent, but it’s also true that many of them are not. The smart ones understand how important ‘word of mouth’ advertising can be, and how effect compassionately helping out their customers is for earning trust and gaining future customers.
Bankruptcy stops foreclosure dead in its tracks. Once you file a bankruptcy petition, federal law prohibits any debt collectors, including your mortgage lender, from continuing collection activities. Foreclosure is considered a collection activity, and so the day your lender becomes aware that you have filed for bankruptcy, the foreclosure process will effectively be frozen. But here’s the rub; once you get to court, the bankruptcy trustee’s role is simply to play referee or mediator between you and your creditors. Bankruptcy really just buys you more time to replace your lost job or recover financially from a temporary disability; it doesn’t let you off the hook for your debts. The law requires your mortgage company and other creditors to work in good faith with you to formulate a reasonable repayment plan so you can get back on track. Consult with a bankruptcy attorney regarding whether filing for bankruptcy is a good strategy for you.
A Chapter 7 bankruptcy and Chapter 13 bankruptcy (one in which you are looking to discharge, as opposed to restructuring, debt) may buy you some time, but eventually, the foreclosure process will continue, seeks to discharge all debt. A Chapter 13 bankruptcy (BK-13), by contrast, seeks to establish a manageable debt repayment plan. Once a BK-13 has been filed, the foreclosure process automatically stops — immediately. Under a BK-13 plan, the homeowner must continue to make monthly mortgage payments to the lender, while paying any past due amounts to a court-appointed bankruptcy trustee.
If you choose to sue your lender, a judge may grant you a preliminary injunction. This will prevent the lender from foreclosing on your property while the lawsuit is ongoing. Should you fail to win, however, the foreclosure process will continue.
If you owe more on your property than the current value of the property, a short sale may be an option. In a short sale, the lender agrees to take possession of the property and, in exchange, forgives all additional mortgage balances owed on the property. The borrower must be able to prove that they cannot afford to repay any additional loan balance. While a short sale is being negotiated, the foreclosure process will be postponed.
After your lender files an NOD but before they schedule an auction, if you get an offer from a buyer, you lender must consider it. If they foreclose on your home, the lender is going to simply turn around and try to resell it; if you present them with a reasonable short sale offer, they may see it as saving them the time, effort and trouble of finding a qualified buyer in a soft market. So, if your home is on the market, continue to aggressively seek a buyer for it, even after your lender initiates the foreclosure process. Read our guide on How to Sell Your Home Fast When Foreclosure Looms for action steps you can take to unload your home fast, then make your best pitch as to why your lender should agree to the short sale.
1. Deed in Lieu. A deed in lieu of foreclosure is exactly what it sounds like. The homeowner facing foreclosure signs the deed to the home back over to the bank — voluntarily. This sounds like it would be a great option, but actually has the same impact on a homeowner’s credit that foreclosure does. Lenders are very reluctant to agree to take a home back through a deed in lieu of foreclosure for a number of reasons: They fear the homeowner will sue later alleging they didn’t understand what was happening, the lender must pay any second or third mortgages or home equity lines of credit (HELOCs) off before executing a deed in lieu, and the lender wants to be certain that the borrower’s financial distress is real. Allowing the foreclosure process to proceed is one way the lender can be sure the borrower is not faking poverty.
As such, a deed in lieu of foreclosure is virtually never granted unless: foreclosure is imminent; the owner has had their home on the market for several months and been unable to sell it; there are few or no junior loans or liens the lender will have to pay off; the seller can document their financial hardship; and the seller initiates the process and documents the voluntary nature of their request for a deed in lieu. Even when all these factors are present, many lenders will not agree to a deed in lieu, but it is worth a try!
2. Assumption/Lease-Option. Most loans these days are no longer assumable. The average mortgage now contains a “due on sale” clause by which the borrower agrees to pay the loan off entirely if and when they transfer the property. However, if you are facing foreclosure, you might be able to persuade your lender to modify your loan, delete this clause and allow another buyer to assume your loan. The lender may want to assess the new buyer’s qualifications, but it can be a win-win-win option for all. You might be able to negotiate a down payment from the buyer which you can use to pay off your outstanding past due mortgage balance.
In a lease-option scenario, the buyer becomes your tenant, and you continue owning the property until the buyer has saved enough down payment money, improved their credit sufficiently or sold their other home. In some situations, the buyer will make a one-time, lump option payment upfront, paying you to obtain the option to purchase your home. You can apply the option payment to bringing your mortgage current. Then, the buyer will make lease payments monthly which you, the seller, then apply to your mortgage. To successfully use a lease-option to stop the foreclosure process, you must negotiate lease payments that cover most or all of your mortgage payment, property tax and insurance obligations — enough that you can make up any difference and still pay to live somewhere else.
If you’re facing an imminent foreclosure sale and considering any of the options discussed in this article, it is strongly recommended that you consult with a local foreclosure attorney or bankruptcy attorney immediately. To get information about different loss mitigation options, you should also consider talking to a HUD-approved housing counselor.
The main problem with going through foreclosure is, of course, the fact that you will be forced out of your home. You’ll need to find another place to live, and the process is stressful (among other things) for you and your family.
Foreclosure can also be expensive. As you stop making payments, your lender will charge penalties and legal fees, and you might pay legal fees out of pocket to fight foreclosure. Any fees added to your account will increase your debt to the lender, and you might still owe money after your home is taken and sold if the sales proceeds are not sufficient (known as a deficiency).
Foreclosure will also hurt your credit scores. Your credit reports will show the foreclosure, which credit scoring models will see as a negative signal. You’ll have a hard time borrowing to buy another home for several years (although you might be able to get certain government loans within one to two years), and you’ll also have more difficulty getting affordable loans of any kind. Your credit scores can also affect other areas of your life, such as (in limited cases) your ability to get a job or your insurance rates.
When you need to stop a foreclosure in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Borrowers affect their creditors’ position not only through their investments but by changes they make in the indebtedness itself, whether increases or decreases. Because borrowing increases risk, borrowers’ attitudes toward additional borrowing are similar to their attitudes toward risks in investments. Once they are in debt, borrowers may want to increase their debt even more and to resist decreasing their indebtedness.
Unsecured cards are the most popular credit cards. They don’t require you to have any collateral. Credit is issued based upon your credit worthiness. Lenders will look at factors such as your credit score and income in determining how much credit to grant. If you decide to get an unsecured card, start with a low credit limit like $500. Again, try to pay off charges in full each month to avoid interest charges.
If you’re unable to pay off the balance each month, make a plan to clear it within a certain time frame.
Credit cards are a form of revolving credit, which means there are no fixed payments or loan periods. If you have no balance, you owe nothing. But if you have a lot of charges, you could pay for several years before eliminating your debt.
Credit card companies use compounding interest. That means unless you pay your balance in full, interest charges are added each month to what you owe, and interest is calculated on that new balance. In other words, you are paying interest on interest.
Let’s say you have a card with 30% interest, and this interest is compounded daily. This means that for each day it carries a balance, you will be charged 0.08% per day. Sounds like no big deal, right? But as new charges are added, the credit card company will compound more interest on top of that. Before long, you could end up with a huge bill. Consider a $1,000 credit card balance with a 30% interest rate. If you make just a minimum payment of $30 per month, it will take 6 years to pay off your debt.
One way to keep interest from building is to avoid the trap of the monthly minimum. Paying that amount — just 2% to 4% of your total balance — can make you feel like you owe less than you really do.
Remember, credit cards shouldn’t be used to extend your income. If you keep coming up short on money to pay for your charges, stop using that card until you get your finances under control. If you use credit cards for luxuries, such as vacations or holiday gifts, be sure to have a plan for paying off the balance quickly.
When you pay more than the monthly minimum, you are paying down the principal balance of the loan and freeing yourself from the cycle of debt. The lower the principal balance, the less interest the credit card company charges. Here’s another way to look at it: The quicker you pay off your balance, the more you save, the more you win.
When you receive a credit card in the mail, you’ll receive a document that spells out the terms, as well. That’s the disclosure statement. Hold on to it. It goes over the benefits and penalties of your credit card. Remember to read the fine print. There you’ll find information about how much your interest rate may increase if you pay your bill late.
Not everyone earns before buying. Most of what we purchase we finance through borrowing. The earning comes later. Nearly all Americans borrow to buy their homes, and most automobiles are bought on time. Add to this the credit card balances, finance company loans, department store debts, and debts to individuals, and you begin to get an idea of the pervasiveness of household debt. We “sign and travel” for vacations, charge the wife’s birthday present, and put the health club membership on plastic. About one-third of the nation’s population describe themselves as either heavily or moderately in financial debt, one-third report being slightly in debt, and only one-third report no financial (that is, excluding home mortgage) debts at all. As I write these words, the fraction of Americans’ disposable income that goes toward debt servicing continues to rise; it has now reached 18 percent. The total amount of debt held by the average household has increased relentlessly for decades, and it now equals just about what that household makes in any given year.
TILA covers all consumer credit (not commercial or agricultural credit) in amounts of $50,000 or less plus other credit transactions of any size involving consumers if secured by real property (mortgage credit). Besides mandating specific disclosures, the act and its implementing regulation, Federal Reserve Board (FRB) Regulation Z, 12 CFR Part 226, specify precise definitions and calculation methods to assure uniformity. The act also contains some nondisclosure regulations of creditor behavior, often referred to as behavioral or substantive regulations, but disclosures have always been its main purpose. The key substantive provision in the original act involved the right of rescission on non purchase-money credit to consumers secured by the consumers’ principal dwelling. This provision allows borrowers on a second lien and all who refinance a mortgage loan to rescind or cancel the loan within a three-day period after receiving all the disclosures.
Since 1968, amendments to TILA have added additional substantive requirements, particularly in the areas of credit card solicitations, credit card billing, credit card repricing, and credit secured by dwellings. Open-end credit, such as typical credit card credit and check overdraft credit that permits multiple credit advances and variable payments, has its own set of disclosure requirements, found in subgroup 1C, “Open End Consumer Credit, Including Credit Card Accounts.” Section 1D, “Open-End Consumer Credit Secured by Consumer’s Dwelling,” in turn, contains the requirements for open-end mortgage credit. The open end credit lists are also lengthy, requiring disclosures of individual transactions under the open-end plan, outstanding balances, finance charges, fees, APRs, and error-resolution policies.
An amendment in 1988 substantially expanded disclosure requirements for credit card applications and solicitations, extending requirements to solicitations as well as at account opening and with periodic billing statements. Any changes in terms generate further special disclosure requirements. Newly enacted Amendments to Regulation AA (“Unfair or Deceptive Acts or Practices”) and Regulation Z in December 2008 cover many practices in the credit card area and substantially rearrange many of the required disclosures.
It makes a difference, of course, whether the debt is $50,000 or $50 million and how large it is relative to the total assets and debts of the borrower and the lender. A debt of $50,000 is typically the borrower’s problem, whereas a $50 million debt is likely to become the lender’s problem.3 If the borrower is in default on a $50 million debt, the lender may tread carefully so as to avoid destroying the borrower’s business, into which the $50 million had been invested.
If the lender treads too carefully, however, he or she may find it difficult to be paid back.
When lenders do go to court, the consequences depend on the law, which differs across countries and periods. In ancient Rome, the property of a defaulting borrower was taken, and the borrower and his family could be sold into slavery. Shakespeare’s merchant of Venice had a claim to a pound of the borrower’s flesh. In the Middle Ages, defaulting borrowers could be placed in debtors’ prison until their families paid the debt. Putting defaulting debtors into prison was common in many countries until well into the nineteenth century. In the United States, the federal government and most states abolished this practice in the 1830s.
Default and bankruptcy are disruptive. Under today’s laws, they are less disruptive than in ancient Rome or in the Middle Ages, but most people still strongly prefer to avoid bankruptcy if possible. For a business, the disruptions caused by default can be fatal. If a creditor seizes a truck or a machine, the business’s activities may come to a halt. When the business has several creditors, the danger is greater because the creditors may have competing claims. Each one may want to seize an asset before the other creditors. In this situation, declaring bankruptcy may be a way to prevent creditors from fighting each other under the law of the jungle and letting the business go down the drain. If you are considering bankruptcy, consult with an experienced Morgan Utah bankruptcy lawyer.
Disruptions from default and bankruptcy affect not just the borrowers and the lenders who are involved. They may also affect the borrowers’ employees, their suppliers, and their customers.
Before creditors take action, the law allows borrowers to declare bankruptcy. In that case, a bankruptcy court or trustee becomes involved. Traditionally, the purpose of bankruptcy was to prevent individual creditors from taking actions that would end up harming not just the borrower but also the other creditors. Sometimes bankruptcy may be your best option. Speak to an experienced Morgan Utah bankruptcy lawyer.
Whereas in the past the focus was on liquidating assets and paying creditors according to the priority of their claims, now the focus is mostly on maintaining the business as a going concern. Bankruptcy is used to renegotiate contracts with employees, suppliers, and the creditors themselves and perhaps also to shed unprofitable parts of the business and give the company a fresh start. The parties involved may be willing to accept reductions of their claims because the alternative of a forced liquidation would be even less attractive.
For some industries, such as airlines, the bankruptcy process works quite smoothly. An airline typically continues its operation or is acquired by another airline, and the process allows renegotiation of labor and other contracts in light of the new circumstances.
For other industries, the process works less well. Negotiations may involve too many parties. Each party may engage in brinkmanship in order to receive a good part of the spoils. Given the problems that brought the firm into bankruptcy, there is a great deal of uncertainty about the firm’s prospects or the value of its assets. The discussions and negotiations can drag on for a long time, particularly when they involve many different creditors and different priorities and interests. During this time the firm may be unable to compete properly in the market and attract or retain customers.13 For example, car buyers might avoid buying cars from a manufacturer in bankruptcy or about to go into bankruptcy, fearing that, if the firm is liquidated, buying spare parts or being able to resell the cars might become difficult. This type of reaction in itself can be a reason that eventually the firm will not be able to continue in business and must be liquidated.
Although they are disruptive, bankruptcies and liquidations should be seen as normal occurrences in a market economy. All are free to run businesses the way they like under the law. Their business strategies may fail, but if they are successful, they can provide a basis for innovations, growth, and new employment. No one knows in advance which entrepreneurs, firms, and strategies will be successful and which ones will fail. This will be determined in the market. Along with the successful firms, therefore, there will always be unsuccessful firms as well. Bankruptcy and liquidation are ways to deal with these firms, repairing some and eliminating others, so as to prevent more resources from being wasted on them.
Borrowers who cannot pay their debts often want creditors and others to think that they have only a temporary problem and will be able to pay their debts later. This will help borrowers to avoid default and bankruptcy and might allow them to continue to borrow or find ways to fund additional investments.
A temporary inability to pay is sometimes called a liquidity problem.
Default and bankruptcy rarely occur due to pure liquidity problems. If it is reasonably easy to verify that a borrower has enough valuable assets to be able to make payments on a new loan, a temporary liquidity problem does not typically lead to default or bankruptcy. Because default and bankruptcy are unpleasant and costly both to the borrower and to creditors, they will try to find some other arrangement.
When you need legal help with a bankruptcy case in Morgan Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
For the sake of beholding and living the beautiful, people tend to marry their lovers. So that they could rivet this life with another soul altogether. But things does not go well as we planned. Sometimes there are disputes between these two souls which can be tolerated further ahead in life. So, they decide to leave this relation for the sake of their own good and other one. They divorce each other. This may free both of these souls. But there might be third, or forth or may be fifth soul which are still linked.
Divorce can not disconnect them. Since they are offspring to begin with. This create tension between the ex-husband and ex-wife. In these kind of cases, it may be decided how much time one will parent will have to have child. Addendum to that, it will also be decided that which parent will be the primary care taker. In few cases even unmarried parents, and relatives may even ask for the custody of child. Since in normal cases they both will want to take care of their kids at their own residence and decide themselves the future of kids interruption coming from the other parent. Court always decides for the best interest of the Kid.
First of all we all should know the basics about the custody. The legal meaning of the word “Custody” is right to make decision for the care and welfare of child specially in terms of education, health care, and religious training, The parents who have the custody of child or children are termed as “Custodial Parent” and in most cases he or she is the who rears the child most of the time. But the law is not flexible for giving custody to one over than the other one, nor there decisions biased over the fact that gender do matter. No, they don’t matter here in the eyes of the law. Then about those who do not have any kind of custody over their children, court allows them accessible time to meet their kids and spent time with them. The legal term for that is “Parenting Time”. Addendum to that parents who happen to have no role in custody are termed as “non-custodial parents”.
These two issues—Parenting time and custody arises— whenever husband and wife ask the court to untie the knot of wedding (legal Separation). This does not mean this issue can not rise sans these circumstances. Custody issue can even rise when the parents are not even married or they don’t live together anymore. Even after the husband and wife has gotten divorce, the issue does go away easily. There is always the one parent who has issues with rearing of child by the other parent. They simply think, they are the best in the interest child’s better future. The issue also elongates further to the time period about how much time child will stay with non-custodial parent.
This custodial and non-custodial can be made as per parents themselves but if they are having disputes or they just agree with each other, then court orders that which parent will be holder major share of time with his or her child and who will be non-custodial parent. This can be further discussed by the parents themselves, but the decision made by the court is full and final in case they disagree during the discussion. There are two types of custodies; sole custody and joint custody. Sole Custody gives only one parent the power of making major decisions related to the child. Whilst on the other hand, joint custody is about making major decisions together but to get this thing in the work, both parents are asked about how they will manage this. They demand a plan for that. This is also termed as “ Joint Legal custody”.
But that does not necessarily means both parents will have equal share having the kid with themselves. However, there are more two types of sole custodies; Sole legal custody and Sole physical custody. Previous one is al about the major decisions regarding to the child as we have mentioned already, the latter one is about keeping the child with themselves. As per court decision usually one parent the sole legal custody whilst sole physical custody is shared by both of them. And sometimes it also happens when one parents has the sole physical custody whilst both of these parents relish the sol legal custody together. Rarely court decides to give all the sole legal custody or sole physical custody to one parent unless the other parent is to totally unfit for the option. Like parent having history of violence, or he or she is alcohol or drug addict or they neglect the child are considered unfit for the custody. These situation may also lead to the “termination of parental rights”.
This means parent is no more legal parent of the child anymore. Parent—with terminated parent rights—have no relationship with his or her own child let alone the rearing of the child. Parent do not get any non-custodial time for meeting with his or her child apart from that even his or her money is not asked for child support. Their name is immediately removed from the birth certificate and they are no more asked for any views in case if the child is going to be adopted. This sentence is also termed as “civil death penalty”. Court does not go for this unless there is solid reason for it. Apart from being drug or alcoholic addiction and violence, Token care, sexual assault on child, or there are serious possibilities of child getting physically mentally and emotional tortured by the parents , and have even everlasting fights between the parent may get the court to make this kind of decision. As already mentioned lots of the states often look after the best interest of child.
Firs of all, for getting the full custody by any parent requires a pathway to follow. Full custody is often referred to the wants of parents from the custody. Filing for it is first process of sole custody. It will even be more better if the other parent agrees to it. This not save time, money, but stressful and angry moments too as the full blown trials are pretty much hectic and may cause anxiety. Filing for the custody even if u are not married is as similar as you and your partner are just divorced. There is no main difference. The requirements for both of these aforesaid and latter case are same. Usually courts go for the joint custody. Ordinarily this is bad idea as both of these parents does not go along and this effects the child mentally and socially. So to gain the sole custody remains the only option. This is what want-to-be custodial has to prove in the court that he or she is the only best interest of the child rather than going for joint custody as the consequences for the child are disturbing. But sole custody will placate the life of the child. If this is not proved in court. Court usually goes for the joint custody. There are few scenario that produce better chance of winning the sole custody.
• The other parent is financially weak and could not bear even his or her own expenses.
• The other parent has been failed watch the child properly let alone the part of raising the child.
• The child has been left alone, neglected, and abused by the other parent.
• You—as the parent—as has more flexible hours as compared to the other parent, so you are more likely to take care more than him or her.
• The other parents is sheer threat to the child’s wellbeing.
• The other parent is not selected by the child (here child should be old enough for this scenario to work).
• You—as the parent—are better equipped to quench the special needs of the child as compared to the other parent.
• The child rivets better bond with you and is having a thriving care from you, as a parent.
• The other parent has the lesser involvement in the child’s life but you were the primary caretaker from the beginning.
• You—as the parent—ensures the better future of child in perspective of education as compared to the other one.
• The other parent could not provide stable home environment such as food, home, and clothing.
• The parent has some serious mental or health issues. Addendum to that he or she is also alcoholic or drug addict. These things interrupt in rearing the child as they should be.
If any of these above are present in any ones case, the likelihood of getting the sole custody increases but again it totally depends on the judgment of judge or jury sitting one the chairs of the court. At first mothers used to get favors from the court as in child custody in many states. But now court are not gender biased. They seek the person or persons in which child could have better life and rivet full of it. And then they simply go for it. But this is how they get the custody from the other parents. In the case of mothers, this is how a father has to sign over his child in her custody as the court orders are absolute.
Divorce and these proceedings of the custody can be very stressful, and they might some times steel the nerves of one’s fear that one may go for extreme approaches. There are some cause where these kind of situations had birthed. It is termed as “Malicious Parent Syndrome”. It is crucial here to note that this syndrome has not yet recognized as a mental syndrome as it triggers extreme behaviors so proponents are still working on research. Notwithstanding when this syndrome comes out of any parent, other parent not only tries to get the culprit his or her punishment but sometimes he or she also goes for the sole custody of the child. Malicious Parent syndrome is characterized by the four aspects as give below. Someone tangled with malicious syndrome:
• Tries to alienate the other parents by the snatching the child from him or her. This may be done by involving other people or even court.
• May involve lying to child and even violate the laws.
• Is not any kind of mental patient so these above mentioned actions could be justified by these.
There are some case in which actions done during the suffering from malicious parent syndrome may be seen as criminal acts in the eyes of law. Such as beating of the other parent, depriving the child form the basic necessities as food, water, shelter, and clothes are consider as criminal acts. Latter one is clearly child abuse, and for that there are strict laws.
In case of when the parents are not married yet—which means there is not father name in child’s certificate. The law clearly states that the child will stay with the mother unless the father goes for the legal paternity. For paternity, father has to file the affidavit of him telling the court that he is the father of the child and this affidavit also requires the signature from the mother. In case of refusal, father can also demand the DNA test for the sake assurance ordered by the court. Before court decides it is usually child gets to stay with the parent who has been looking after the child more than the other parent before any paternity time is decided by the court. After the decision of the court, the parents have to follow the order as they decide the best for the child’s interest.
If you have a question about child custody question or if you need help with custody, please call Ascent Law at (801) 676-5506. We will help you.
Speak to an experienced Layton Utah family lawyer if you wish to hire an expert witness for your family law court case.
The expert witness should be thoroughly informed about the specific facts and issues in a legal case, so that the testimony can be proffered in a competent and professional manner. The expert is able to form opinions based on known facts and objective evidence, not only on theory. Testimony should be presented in a confident but not arrogant or condescending way. A glib and witty style may impress some courtroom intellectuals but would not be well received by the average juror.
Although often hired by one side in a legal matter, the expert witness does not serve as an advocate, as do the attorneys involved, but remains completely objective and impartial. Having strong convictions based on a professional analysis is a good thing; arguing to win a case for the client or attorney is not. The expert’s role is to help the court understand the case and not to decide its outcome.
The expert witness is able to communicate opinions in a clear, succinct, and persuasive manner, while avoiding technical terminology and jargon. The expert can answer questions directly and completely without volunteering unsolicited information. When faced with a challenging cross-examination, the expert remains calm and responds constructively to vigorous inquiry. Even when the questioning turns hostile, the expert witness demeanor should remain polite and nonargumentative.
Expert witnesses often are ignorant of courtroom dynamics and the rules of courtroom performance. Hence it is important that your expert witness speaks to an experienced Layton Utah family lawyer to know the rules and procedure. These rules cover who can he spoken to, by whom, when, and how. They also structure what can and what cannot be said in court. In an adversarial situation, these requirements lead attorneys to manipulate the rules to present evidence in support of their case, to discredit the evidence of the other side, and to prevent the other attorney from doing the same. Attorneys have different styles just as experts do. Some are principled bargainers who attempt to negotiate a fair agreement. A few are soft bargainers and like to avoid conflict and risk. Others are hard bargainers who have winning as their primary goal and rarely negotiate except in an aggressive manner. Regardless of the opposing attorney’s style in cross-examining an expert witness, the expert should keep several points in mind:
1. The expert witness should be prepared to state professional qualifications clearly and in a well-articulated voice. These include educational level, clinical experience, experience as an expert witness, professional organizations to which the professional belongs or in which he or she holds office, membership on any local committees (especially when they may have to do with the case), and any other relevant information. The opposing counsel may challenge the credentials, but the judge will determine the witness’s status as an expert. A licensed psychologist in clinical practice generally will be considered qualified to serve as an expert, or it is unlikely that he or she would be on the witness stand.
2. Professional dress is a requirement to avoid offending judges or suggesting lack of respect for the court, as well as to protect professional credibility.
3. The witness should speak slowly and clearly, avoiding jargon. This is an area of criticism of attorneys as well as expert witnesses. One should avoid continually defining words, or worse, ignoring the need for their definition.
4. Joking or wisecracking should be avoided, even if the attorney does this. The witness should be relaxed and unintimidated but should show that he or she takes the role of expert witness seriously.
5. The witness should address the judge as “Your Honor” and learn the names of all attorneys, so that responses to questions may be prefaced with the correct name.
6. The witness may restate an attorney’s questions, changing small words he or she may have used to get the witness to contradict an earlier statement. The question may then be answered as restated.
7. The witness should feel free to take notes and/or books on the stand and should not be afraid to use them. However, he or she should be familiar with the location of the information to avoid delays and fumbling. Also, anything taken on the stand may be entered as an exhibit, so only those items should be taken that the witness would not be uncomfortable having the court see.
8. If an attorney asks a multiple-part question and wants a “yes” or “no” answer, the witness should not be afraid to say that the question cannot be answered with a simple ” yes ” or “no.”
9. At the end of testimony, if an expert witness feels that an important piece of information has not been revealed, he or she may request of the judge an opportunity to present evidence felt to be vital to the court’s decision. In family court, this may well be permitted.
10. If asked about his or her fee, the witness should not be apologetic. Expert witnesses are paid for their time, not their support. Fees for court should be charged at the same hourly rate as fees for office visits.
It is a wise professional who reads as much as possible concerning courtroom etiquette and procedure before going on the witness stand. A valid evaluation and a valuable opinion could well be lost in attorney manipulation. Being prepared helps to ensure that such damage is kept to a minimum in the best interests of the child in a custody dispute.
It is perfectly acceptable for your expert witness to meet with your attorney before going to court so that you can be apprised of the critical issues in the case and so that the attorney is thoroughly familiar with your testimony. The exert witness should assist the attorney with the kinds of questions that should be asked in order to elicit his opinion most effectively. The expert witness should also anticipate the challenges that may be made to his opinion and help the attorney in determining how these may be dealt with during direct examination.
Child custody disputes demand the assessment of multiple relevant factors. The expert considers not only the obvious parent-child relationships and the personalities of each family member, but the evaluation also considers financial matters, living conditions, relatives and support groups, and educational opportunities. If any of these elements has been overlooked, the attorney will probably explore this oversight in cross-examination.
A psychiatric disorder does not, per se, indicate mental incompetency. Thus, a psychotic, a neurotic, or an alcoholic can draw up valid wills. The critical factor is whether the person, at the time of making the will, has sufficient capacity to understand the extent of his or her property and consequences of his or her will.
Rule 801 (c) of the Federal Rules of Evidence defines hearsay as a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Rule 802 provides that hearsay is generally inadmissible. However, Rule 803 enumerates twenty-four exceptions that would allow hearsay evidence to be admitted.
Rule 804 addresses hearsay exceptions applicable only when the declarant is unavailable. This rule covers unavailability due to (1) exemption to testify for a reason deemed valid, (2) refusal to testify, (3) inability to remember specifics required for testifying; (4) death or illness in the family, (5) inability to locate the desired witness, or (6) failure to compel the individual to testify. Former testimony, statements made under belief of impending death, and statements against interest are also admissible as exceptions to the hearsay rule.
If an expert is withdrawn prior to trial, the prior deposition testimony of that witness is most often inadmissible as hearsay evidence. A party must be able to withdraw experts from participating in a case without fear that an abandoned expert’s deposition testimony will be admitted into evidence at trial as an “admission.”
The significant precedents that affect expert witnessing-including Frye, Daubert, Joiner, and Kumho-have shaped the use and solidified the value of expert testimony in the American judicial system. Understanding these precedents and the rules of hearsay are fundamental in becoming an effective expert witness.
Under Daubert, federal courts were given far greater flexibility in determining the admissibility of expert scientific testimony. Rather than looking to the scientific community to determine whether scientific evidence was sufficiently sound to be considered by the trier of fact, a judge is expected to screen scientific evidence to determine its relevance and reliability. While the court is free to consider whether the methodologies used by the expert have been generally accepted, the court is also expected to inquire into the substance of those methodologies. In part, this change evolved as an outgrowth of the flexibility given to judges in the Federal Rules of Evidence to admit or exclude testimony based on their own discretion.
The testimony of expert witnesses is intended to clarify and interpret facts so the jury can understand the relevant scientific or technical information and thereby render a decision. Federal Rule of Evidence 702 states that reliable expert testimony must be based on scientific fact and not subjective belief or opinion. Rule 702 further requires that a valid scientific relationship needs to be established between the evidence to be offered and the issue to be tried. If this relationship can be reasonably established, the expert testimony is admissible as evidence. Testimony that is not relevant does not assist the jury in better understanding the evidence or in ultimately rendering a just verdict.
Daubert suggested two additional considerations for determining the admissibility of expert testimony. The first concerns the extent to which the theory or technique used in the expert testimony relies on the expert’s subjective interpretation. The testifying expert must show that the basis for his or her testimony is objective. This can be established by presenting peer reviewed literature showing that the evidence is based on unbiased and objective methodology, logic, and assumptions. Additionally, the expert’s field of expertise must be recognized as a reliable discipline among other experts, regardless of degrees and experience.
The second consideration concerns the application of the theory or technique outside the context of litigation. In the case of a new theory, the expert must establish that it can be objectively substantiated through independent testing or application.
The decision of the trial judge to admit or exclude expert testimony may come at various times in the litigation. During the pre-trial process, either party may file motions to exclude expert testimony by comparing expert opinions to the Daubert factors. In response to pretrial motions, the judge has several options. First, he or she can rule on the reliability, relevance, and admissibility of the proposed testimony based strictly upon the arguments of the attorneys and supporting material provided to the court. The court may also hold a hearing prior to trial where the expert must testify to matters that address the Daubert factors; this testimony is then considered along with the oral arguments. If the court wishes additional guidance, the judge may appoint independent experts to review the motions and make recommendations. The judge can also allow the case to proceed and decide during trial.
Speak to an experienced Layton Utah family lawyer before you chose an expert witness. Choosing an expert requires consideration of the following:
1. Qualification. First and foremost, an expert must be able to demonstrate specialized skill or knowledge acquired through an appropriate mix of experience or education. Recognized expertise in the subject can be credibly substantiated by the authoring of peer-reviewed papers and books, recognition by peers for contributions to the field over an extended period of time, or other relevant activities recognized and accepted by other experts in the field.
2. Ability to Communicate. To be effective, an expert witness must have the ability to clearly and persuasively explain and communicate complex theories and results through explanation, simplification, and clarification, and by giving examples and analogies.
3. Litigation Experience. Through actual litigation experience, experts learn what is expected of them as well as what to expect in the various steps of the litigation process. Additionally, lawyers are inclined to depend on experts who understand the litigation process and are able to withstand rigorous critique of their testimony by opposing attorneys hoping to discredit the expert.
4. Commitment. An expert must be able and willing to commit the time and energy needed to adequately conduct research and to formulate defensible opinions.
5. Proximity. Experts in the vicinity of the trial location are often more convenient and less expensive due to the absence of travel costs. On the other hand, experts from faraway places may be more impressive to a jury, particularly if the faraway place is a prestigious university or research institute.
6. Cost. The fee of an expert is a significant variable. A proven expert with a highly effective track record may cost more per hour, but may be far more attractive in terms of efficiency, effectiveness, and overall impact.
When you need legal help with family law in Layton Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you with child custody, divorce, adoption, child support, alimony and much more.
Individuals who petition for financial protection look for security from their loan bosses for the obligations they have caused. The U.S. Constitution gives this capacity to the government, and the central government has set up U.S. Bankruptcy Courts to deal with bankruptcy procedures the nation over. At the point when an individual petitions for financial protection security, the individual in question can hope to need to turn over a sizeable part of their property to an alleged bankruptcy domain. A bankruptcy trustee deals with this bankruptcy home, offering property to fund-raise to satisfy a borrower’s lenders. Be that as it may, a bankruptcy borrower does not really need to turn over everything to the bankruptcy domain.
In a Chapter 7 liquidation case, the borrower needs to surrender certain property to the bankruptcy trustee. Account holders, regardless of whether they are organizations or people, are regularly legitimately worried about what property they will be permitted to keep and what they should surrender. Bankruptcy law enables account holders to keep a specific measure of property in the wake of experiencing bankruptcy procedures. This is classified “excluded” property – it is absolved from the bankruptcy home. Property that can’t be exempted is, suitably, called “non-excluded” property. For the most part, a bankruptcy account holder can absolved a specific measure of his or her property during bankruptcy. Whenever done right, this can possibly spare the greater part of the property of somebody experiencing bankruptcy. Property that is absolved can for the most part be known as the “necessities of present day life.”
This by and large incorporates the kind of things that are vital for living and working. Bankruptcy law is worried about getting account holders out of pounding obligation and returning them on their feet. Taking everything from them is counterproductive, and bankruptcy law perceives this reality. Non-excluded property for the most part covers things that fall outside of the necessities for living and working. Court decisions and general practice experience have built up a general thought of what sorts of property are excluded and non-absolved. The following are instances of property that a Chapter 7 account holder will as a rule need to surrender (“non-excluded” property), and property that the indebted person may generally keep (“absolved” property).
Property That Is Not Exempt Things that the indebted person for the most part needs to surrender include:
• Costly melodic instruments, except if the indebted person is an expert performer
• Accumulations of stamps, coins, and other important things
• Family legacies
• Money, financial balances, stocks, securities, and different ventures
• A subsequent vehicle or truck
• A second or getaway home
• Property That Is Exempt
• Excluded property (things that an account holder may generally keep) can include:
• Engine vehicles, up to a specific worth
• Sensibly essential dress
• Sensibly essential family unit merchandise and decorations
• Family unit apparatuses
• Gems, up to a specific worth
Benefits of bankruptcy exempts are as follow:
• A segment of value in the indebted person’s home
• Instruments of the indebted person’s exchange or calling, up to a specific worth.
• A bit of unpaid however earned wages
• Open advantages, including open help (welfare), standardized savings, and joblessness pay, gathered in a financial balance.
The U.S. Bankruptcy Code records 21 distinct classifications of obligations that can’t be released. Maybe the most widely recognized obligations that can’t be released under any conditions are tyke backing and support. In the event that you document for a Chapter 7 bankruptcy, you will likewise keep on owing any apartment suite or participation affiliation expenses, alongside whatever other obligations that were not released in an earlier bankruptcy. Understudy credits are famously hard to release; it is just conceivable on the off chance that you can exhibit undue hardship that is perpetual or expected to keep going for a lion’s share of the life of the note.
Notwithstanding, a 2014 controlling in the Eighth Circuit Court of Appeals utilized a progressively indulgent limit in releasing a Webster University understudy’s obligation. You can’t release personal expense obligations without an exceptional exclusion, which must be gotten by requesting of the bankruptcy court and clarifying why you merit alleviation. Lenders have some capacity to prevent certain obligations from being released and the capacity to movement the court to allow them help from the programmed remain that keeps them from seeking after accumulation action. Individual advances from companions, family and managers fall under basic classifications of obligation that can be released on account of bankruptcy. A release discharges singular borrowers from the lawful commitment to pay already existing obligations.
Different kinds of dischargeable obligation incorporate Mastercard charges, accounts from accumulation offices, doctor’s visit expenses, past due service bills, and shamed checks and common court expenses not regarded deceitful. Dischargeable obligation likewise incorporates business obligations, cash owed by rent understandings, lawyer expenses not related with youngster backing and provision grants, rotating charge accounts, Social Security and veterans help excessive charges, and in uncommon cases, understudy loans. Personal credits from companions, family and bosses fall under normal classifications of obligation that can be released on account of bankruptcy. A release discharges singular borrowers from the legitimate commitment to pay already existing obligations. Different sorts of dischargeable obligation incorporate Visa charges, accounts from gathering organizations, doctor’s visit expenses, past due service bills, and disrespected checks and common court charges not considered deceitful.
Dischargeable obligation additionally incorporates business obligations, cash owed by rent understandings, lawyer expenses not related with youngster backing and support grants, spinning charge accounts, Social Security and veterans help excessive charges, and in uncommon cases, understudy credits.
The Utah bankruptcy exemptions chart, see below, details the property you can exempt or protect from creditors when you file bankruptcy in Utah. You may exempt any property that falls into one of the exemptions categories below, up to the dollar amount listed. You will be able to kept this exempted property after you file bankruptcy. Please note that there are certain debts which you will not be able to erase in bankruptcy. In exemption limit applies to any equity you have in the property. Equity is the difference between the value of the property and what is owed on the property.
For example, a car valued at $5000 with a loan of $4500 has an equity value of only $500. If the property is secured by a loan, such as a car or home, and you are current on the payments and the equity is covered by your exemptions, you may elect to keep making payments on the loan and keep this property through the bankruptcy. If all the equity is not covered by your exemptions the trustee may elect to liquidate this asset and distribute the proceeds. Generally, in this case, you would be entitled to the value of your exemption in the asset as a cash payment. Bankruptcy law allows married couples filing jointly to each claim a full set of exemptions, unless otherwise noted. To keep non-exempt property, a debtor must generally pay the trustee the value of the non-exempt property. When you file bankruptcy in Utah you may also use certain federal exemptions in addition to your Utah exemptions.
Real property, mobile home or water rights to $10,000 (joint owners may double)—one must file homestead declaration before attempted sale of home. And disability, illness, medical or hospital benefits, fraternal benefit society benefits, and life insurance policy cash surrender value to $1500—Life insurance proceeds if beneficiary is insureds spouse or dependent, as needed for support. Alimony needed for support—child support and property of business partnership. Then there are personal property such as: animals, books & musical instruments to $500 total, artwork depicting, or done by, family member, and bed, bedding, carpets, washer & dryer, and burial plot along with clothing (cannot claim furs or jewelry), Food to last 3 months. Furnishings & appliances to $500,Health aids needed, Heirloom or other sentimental item to $500, Motor Vehicle to $2,500, Personal injury recoveries for you or person you depended on, Proceeds for damaged exempt property, Refrigerator, freezer, microwave, stove & sewing machine, and Wrongful death recoveries for person you depended on.
Addendum to that Tools of Trade that are exempted are as follow: Implements, books & tools of trade to $5,000, Military property of National Guard member, and Motor vehicle to $3,00. Minimum 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors
Some states allow you to choose between using the state exemptions and a list of federal bankruptcy exemptions. In Utah, however, you do not have this choice; you must use the Utah bankruptcy exemptions. Although you can’t use the federal exemptions in Utah, you may use any of the federal non-bankruptcy exemptions. The federal non-bankruptcy exemptions protect property such as federal retirement accounts and veterans’ benefits. You can use both the federal non-bankruptcy exemptions and the state exemptions; you don’t have to choose between the two lists.
In a Chapter 7 Bankruptcy Case, all of a Debtor’s non-exempt property becomes the property of the bankruptcy estate at the time of filing and may be sold by the bankruptcy trustee. The sale proceeds are then distributed among the Debtor’s creditors. Exempt property is protected property. Under Federal and State exemption laws, certain assets are protected from collection by Creditors and from a Bankruptcy Trustee in a Chapter 7 case. In addition, exempt property is relevant in formulating a Chapter 13 Plan and calculating the required return to unsecured Creditors. An initial inquiry for all individuals contemplating bankruptcy is “Which State’s exemptions apply to my case?” Exemptions which apply to a Debtor’s case are based on the law of the State where the debtor was domiciled for the 730 days (2 years) prior to the date of filing the bankruptcy case. If you did not reside in a single State during the two years prior to filing, the exemptions are determined by the State where you were domiciled for the majority of the 180 days that preceded the 730-day period. Section 522(b). Section 522(b) also provides that if the effect of the domiciliary requirement is to render the debtor ineligible for any exemption, the Federal exemptions would apply.
The Utah Exemptions Act is set forth at Utah Code, Title 78, Chapter 23. The following is a brief summary of the most commonly claimed exemptions in this Statute. Please refer to the statute for a detailed analysis of the exemption(s) you seek to claim.
The Homestead laws in the State of Utah are presently very favorable to Debtors. Individuals can claim a homestead exemption in their primary residence in the amount of $30,000 per person, and $5,000 per person if the property is not the primary residence of the individual. The homestead exemption is applied to home equity. Home equity is computed by deducting from the fair market value of the real property, the amounts of all outstanding mortgages and loans against such real property. Example: Your home is worth $100,000.00 and you have a first mortgage against your home in the amount of $40,000.00, and a home equity line of credit with a balance of $20,000.00. You therefore have $40,000.00 of equity in your home. If you are an individual debtor, your equity would not be fully exempt, and a Chapter 7 Bankruptcy Trustee could sell your property and distribute the sale proceeds among your Creditors. The full text of the Utah homestead exemption law is set forth at Utah Code Section 78b 5-503 and 504. Each individual is entitled to an exemption for one motor vehicle not exceeding $3,000 in value. If you are filing jointly with your spouse and you share one vehicle, you can each assert the vehicle exemption against the same vehicle. If the equity in the vehicle you share is not more than $6,000.00, it would be protected from bankruptcy. The vehicle exemption is applicable to motorcycles if the motorcycle is your primary means of transportation.
In spite of the fact that the government bankruptcy code gives a rundown of exclusions, these exceptions are not accessible in Utah. Utah law expects you to utilize the exclusions found in state law – not the U.S. bankruptcy code. In spite of the fact that the government bankruptcy code gives a rundown of exclusions, these exceptions are not accessible in Utah. Utah law expects you to utilize the exclusions found in state law – not the U.S. bankruptcy code.
When you need legal help with a bankruptcy in Utah, whether it is a chapter 7 bankruptcy, a chapter 13 case, a chapter 9, a chapter 11 or a chapter 12 bankruptcy, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.