Nickels & Dimes of Small Claims Court
If the debt amount is under $5,000, the case goes to Small Claims Court, land of Debt Buyers who pay a nickel to get two dimes back. It may seem like small change, but it really adds up, especially if you are on a fixed income. Sometimes it pays to ask questions. For the Debt Buyers, collection is a numbers game. They pay four or five cents on the dollar to purchase delinquent accounts, and they hope to get back twenty cents on the dollar—that is a good return, especially in bulk—but Consumer Rights can get shortchanged. Debt Buyers deal in bulk and often their cases are not well-built, but if their claims go uncontested—nobody verifies the Debt Buyer is the proper party to whom the debt is owed, and nobody verifies the amount owed—then the checks and balances are tipped toward the payment only side. Yes, everyone should pay their debts, and yes, Debt Buyers should have their cases in order. If the Debt Buyer does not have all their documentation, then the Judge can dismiss the case. If the case is dismissed without prejudice, that does not mean the matter is gone. Dismissal Without Prejudice means the Debt [...] Read More
Legacy of Lydia Cladek
If it seems too good to be true, it is probably Lydia Cladek. She leaves investors with a cautionary tale longer than 20 years times 14 counts. Separate yourself from the fraudsters; check out offers through the Better Business Bureau (www.bbb.org), the Federal Trade Commission (www.ftc.gov), or your attorney. Just because an offer seems good does not necessarily mean you should walk away, but you may want to have an attorney review it. Having a disinterested party with the expertise to examine a deal from every angle is smart due diligence on your part. If the deal is legitimate, then you have spent a little money on legal counsel hopefully for a greater return. It could be a small investment to make a larger one. However, if the deal is not legitimate, then you have paid a little money to save your capital for a genuine investment. If it seems too good to be true, have a lawyer take a look at it. Attorneys’ fees are often cheaper to avoid a legal problem rather than once you have one. Read More
Countdown to Foreclosure
T Minus 9 Minutes and Holding was the final “go/no-go” point for a space shuttle launch. The countdown to foreclosure is similarly detailed and lengthy, but it does not necessarily have to send your financial future out of this world. Lis pendens is not NASA-speak for “Get out,” but it is nearly Latin for take action for the best possible outcome. You can sit still and let inertia take its place, while your lender takes your house and leaves you with the worst possible credit, or you can seek competent legal counsel for a Foreclosure Defense. Foreclosure Defense optimizes orbital time around the inevitable. It addresses two parts at once. Part One is the legal defense, questioning the lender to ensure you are dealing with the proper party owed, the proper amount, etc. Part Two is a proactive pursuit of the best benefit available given your circumstances. Part One also adds oxygen into the process, giving Part Two room to breath. In other words, while the lender is gathering discovery documents for his claims, you work towards a short sale or loan modification or some other alternative landing site where your credit will have the greatest gravity. Yes, you are [...] Read More
Trust & Convey
The Uniform Commercial Code (UCC) is a comprehensive code addressing most aspects of commercial law. First published in 1952, its purpose is to help commerce flow smoothly. In real estate, if the note is transferred properly, then the mortgage automatically follows the note according to the UCC. However, the UCC was designed as a set of default provisions in the absence of a contract. Fifty years ago this was not an issue because the bank held the loan for the period of the loan. The bank was the servicer and held the note and mortgage. Then about the 1970’s, securitization started with Fannie Mae and Freddie Mac bundling only low risk loans. In the 1990’s, securitization began to include high risk loans. The loans were sold to companies created strictly for the securitization process to transfer those loans into trusts, which would be sold as securities. There are a lot of laws in play, and a lot of sorting out which is superior. With a trust, the trust document is where you have to start. If the trust document says the trust cannot hold the note…then the trust cannot hold the note. Thus the documents in the pooling and servicing [...] Read More
Will Versus Chance
Even if you have life insurance you are going to die. The question is Who gets your stuff? If you do not have a will, do not worry, the State has one for you. It is called an Intestate Will. None of your possessions get left up to chance. If you pass away without a will, the State runs up and down your family tree until they find an appropriate heir. In the absence of a spouse or descendant, property can pass to a parent or sibling. If there is one of the above, then a person who is a grandparent, aunt, uncle or first cousin may become a beneficiary. Maybe you were not all that close with Cousin Eddie. No doubt he could use your stock portfolio to make major improvements to his single-wide trailer, but Cousin Eddie might not be the ideal recipient of your rare book collection. A will controls where your assets go after you die. To learn more, attend the free People’s Law School today at the Southeast Branch Library in St. Augustine, “Do You Need a Will?” This one-hour session is presented by St. Johns County Legal Aid and begins at 4:00 p.m. Not [...] Read More
Attention Shoplifters:
Intent to steal can get you convicted of Shoplifting…even if you do not leave the store. According to the St. Johns County Sheriff’s Office, Shoplifting is a one of the most common nonviolent crimes nationwide. The Sheriff’s Office defines Shoplifting as the “theft of property offered for sale.” Shoplifting charges come in different sizes and degrees depending on the value of the item stolen. Petit Theft applies to items worth less than $300, and Grand Theft applies to items worth $300 or more. Grand Theft falls in Felony territory. The best way to avoid a Shoplifting Charge? Do not commit the crime. Read More
Life After Foreclosure
What comes after Foreclosure? You still have to live…you still have to live somewhere. The show must go on. A lis pendens does not necessarily mean curtains on your home ownership, but how you deal with your foreclosure could determine your next dressing room. So you messed up your performance on your mortgage. Instead of a standing ovation for a part well paid, you received a foreclosure complaint. Foreclosure Defense inserts an intermission in the high drama of losing your house. It is not a tactic to delay the inevitable, but gives you a chance to get your act together under the direction of legal guidance. Foreclosure Defense pits circumstance with strategy for the best possible outcome. You do not have to ad lib through court proceedings. A Foreclosure Defense Attorney can review your situation and your legal options available. Your attorney can tell you what the possible outcomes are at each juncture in your case, and guide you through the steps of the lengthy process. With so many homes in foreclosure, you may feel you only play a small part in a nationwide drama, but a Foreclosure Defense can help cast what kind of encore your credit will enjoy. [...] Read More
Bankruptcy, Not the Only Answer to Foreclosure
Why did the Homeowner cross the Bankruptcy Road? To get to the other side of Foreclosure. Question is, did he look both ways? Bankruptcy is just a tool in my toolbox, and it can be the best thing. And it can be NOT the best thing, depending on the situation. Sometimes there are no solutions in Foreclosure, but typically there are choices. Alternative routes include short sale, loan modification, forbearance, and Florida’s Hardest Hit Fund. With good legal counsel, you can make choices toward the best benefit for your financial future. Look both ways before you cross the Bankruptcy Street; see what legal avenues are available. Bankruptcy is not the only answer. Read More
Rights & Wrongs
If you sleep on your rights, you may wake up on the wrong side of justice. However, by standing up for your rights, you help protect the rights of all American citizens. Everybody needs to play by the rules…the same rules. Each legal defense ensures the liberty our laws are written to uphold. Enjoy your rights and enjoy Martin Luther King, Jr. Day. Read More
Hi-Ho The Derry-O What A Legal Mess!
The Farmer in the dell, the Farmer in the dell, hi-ho the derry-o the Farmer in the dell. The Farmer takes a Wife, they start a married life, hi-ho the derry-o the Farmer and his Wife. The Farmer and his Wife, they have a little strife, hi-ho the derry-o they decide to divorce. The Farmer stands alone. The Wife stands alone. Hi-ho the derry-o the Wife gets the home. The Wife gets the house, from her x-spouse, hi-ho the derry-o, he quit claimed the deed. The Wife moves away, the Farmer needs to stay, hi-ho the derry-o, the Farmer’s in the house. The Wife lets him stay, the loan she cannot pay, hi-ho the derry-o, she lists it for Short Sale. The Agent shows the house—but there’s people living there! Hi-ho the derry-o, the Agent got a scare! “What is going on?” The Wife is now alarmed, hi-ho the derry-o, he rented out the house. “He rented out the house?” He rented out the house. The Farmer was not supposed to but he rented out the house. “Get those people out!” the Wife began to shout. “Hi-ho the derry-o, those people have to go!” The Farmer cut the water, he [...] Read More