Under the Influence of Legal Counsel
If you thought “Gather Go Get” was a difficult process for a Florida Driver’s License, try reinstatement after a DUI. You might need more than just your documents in order; with a Driving Under the Influence arrest, you might want to also bring along a legal defense. Here is a brief rundown of consequences after a DUI conviction, as provided by the Florida Department of Highway Safety and Motor Vehicles: 1st DUI – 180 days to 1-year revocation effective on conviction date. 2nd DUI – Second offense not within 5 years from prior conviction will result in a 180-day to 1-year revocation. The second offense within 5 years from prior conviction will result in at least a 5-year revocation. 3rd DUI – Third offense not within 10 years of second conviction will result in a 180-day to 1-year revocation, unless the last 2 of the convictions fall within 5 years in which case a 5-year revocation will apply, and you are not eligible for a hardship license. A third offense within 10 years of second conviction will result in a 10-year revocation. 4th DUI or Subsequent DUI Conviction – You must serve 5 years of this revocation period before being [...] Read More
Unfair Debt Collection Practices
There are good collectors and bad collectors. A good debt collector knows how to inspire you to pay within the law. A bad collector strays into unfair debt collection practices. Debt buyers purchase debt in bulk, often paying pennies on the dollar, then they attempt to collect the full amount. It is a numbers game. They will not collect on every account, but they try to make enough to be profitable. There was a debt collection company in Pennsylvania that dressed up actors as sheriff’s deputies who served fake hearing notices and had a courtroom set, complete with judge’s platform, lawyers’ desks, and legal books. It did not go over well with the Pennsylvania Attorney General. Everyone should pay their bills, and everyone should put food on their table, gas in their car so they can go to work, and keep up their rent to have a roof over their heads. Despite pressure from collectors, keep your priorities straight and work to resolve your debt within your legal rights. For more information on consumer rights, go to the Federal Trade Commission site at http://www.consumer.ftc.gov/articles/0149-debt-collection. Seek competent legal advice regarding debtors’ rights. Read More
Co-Signer a.k.a. ‘The Borrower’
What do you call someone who co-signs a loan: borrower. If you are a co-signer, then you are a borrower, you have a debt and it is your responsibility to make sure that the payments are made in full and on time. Whether you sign or co-sign, that debt affects your credit score. If you sign your name on a loan, that loan is yours. If the signer defaults, then your credit can be dinged, the debt sold, and your accounts or wages garnished before you are notified. A signer and a co-signer are jointly and individually liable. Be careful who you co-sign for, you may get more than you bargained for. Read More
Foreclosure Rates Close to Home
Glades County has the lowest foreclosure rate in Florida right now, with only one out of every 6,919 housing units in some form of foreclosure action. Before you move to Glades County to avoid foreclosure, you may want to consider your other choices. St. Johns County Housing and Community Services offers homeowner assistance for those having trouble paying bills, keeping up with routine maintenance of their property, using payday loans or pawn shops, borrowing money from family and friends, facing loss of employment income, going through divorce, and/or dealing with medical hardship, etc. Go to their link for more information and an online Homeowner Intervention Form at http://sjcfl.us/ForeclosureHelp/index.aspx. However, if you have already received a foreclosure notice, you time is limited—you only have 20 days—and you may want to seek legal counsel immediately. Not everyone can live in Glades County. Those living in Flagler County right now enjoy they fourth highest foreclosure rate in Florida, with one in every 228 in foreclosure. When foreclosure numbers get close to home, the choices can get difficult to make. Seek competent legal counsel to review your situation and the options available to you. Foreclosure rate data is available through RealtyTrac at http://www.realtytrac.com/. Other [...] Read More
Bargains in the Foreclosure Market
There are bargains to be had (especially in the Miami metro area) if you are looking at the foreclosure market. But it is buyer beware in the bargain basement of distressed homes. Here are some tips for shopping at the courthouse steps. Have a reputable realtor assess the value of the property. This will underscore exactly how much of a deal you are getting and help you set your bid price. AND do a title search. Make sure everyone is on the note who has an interest in the property. You do not want to buy a bargain beachfront only to realize it is a SECOND mortgage and your view is blocked by $400,000 of the first mortgage. And remember to bring cash if you are headed out shopping for a great deal in the housing market. Five percent of your bid amount is due upon sale, and you have to pay the rest of it within two hours. RealtyTrac is reporting median home sale prices in March as 28 percent lower for foreclosure homes than non-distressed properties. However, you may want to have a lawyer look over your shoulder at the deal. Later legal fees are often more expensive [...] Read More
Beware of Up-Front Fees in Foreclosure Rescue
If a foreclosure rescue scheme seems too good to be true, it could cost you a lot. The legislature passed the Foreclosure Rescue Fraud Prevention Act in 2008. This act specifies that no fees are to be paid by the borrower until the rescue services are fully rendered, and that a written contract with terms and conditions has to be signed by both parties before services begin. Furthermore by 2010, anyone performing loan modification services had to have an active license from the Florida Office of Financial Regulation. Besides up-front fees, other things to look out for when you are looking for hope include: Instruction NOT to contact your lender, lawyer or credit or housing counselor Payment only accepted in cashier’s check or wire transfer Guarantee to stop foreclosure no matter what Encouragement for you to lease your home so you can buy it back over time Mortgage payments to be made directly to the company rather than your lender Request for you to transfer your property title to the company The Florida Bar cautions: ‘If any business or individual offers to help you stop foreclosure immediately by signing a document authorizing them to act on your behalf or to [...] Read More
Confessions in Small Claims Court
Small claims court handles matters of $5,000 or less, often dealing with credit card debt. Debtors sit in the judge’s chambers and the creditors’ attorneys appear by phone to hear debt confessions and negotiate repayment plans. Debtors are required to confess their assets on a Fact Information Sheet. In the US, we do not have debtors’ prison, but you could go to jail if you do not fill out your Fact Information Sheet. You have to confess your cars, properties, bank accounts, employment, and that Renoir you have in your basement. If you are being sued in Small Claims Court and you have nothing, get that Fact Information Sheet in to let them know that they have nothing to come after you for. And seek legal advice to find out about exemptions. If you are head of household at a certain income level, living off Social Security benefits, or a pension or disability, you may have an exemption to collection judgments; however, just because you are eligible for an exemption does not mean you automatically get one. The key to an exemption is that you have to claim it. Seek competent legal guidance before you commit an exempt income to [...] Read More
A Ten-Acre Reason for Legal Counsel
Once upon a time there was a Little Old Man and a Little Old Woman and they lived on a Little Old Ten-Acre Plot. Their son was having a hard time getting a start in life, and so the Little Old Man and the Little Old Woman carved out four acres of their land and refinanced it so their son could live there. They used a mobile notary to close the deal at the Downtown Diner. That was fine, except for the title company attached the last known legal description of the property, which was for the whole ten acres, not just the four that was being refinanced for the son. The son continued to struggle. Even with the four acres of his own, he just could not make a go of it and was losing ground on making payments on the land. The son went back to his parents, but the Little Old Man and the Little Old Woman only had their six acres left. They did not have the money to help their son make his payments, and so they took him back into their own home, and consciously decided to let the bank take the four acres. [...] Read More
Free Class Today: ‘Should You Ever Put Someone Else’s Name on Your Deed?’
My answer to almost everything is ‘It depends.’ It depends on your circumstances and what benefits you stand to gain versus the risks of what you could lose. In the last class of their spring People’s Law School, St. Johns Legal Aid addresses some of the whys and why nots of putting someone else’s name on your deed. This free one-hour class will meet at 4:00 p.m. at the Southeast Branch Library (6670 US 1 South, St. Augustine, Florida). For more information on St. Johns County Legal Aid and their services, go to www.jaxlegalaid.org. Read More
Putting Time on Your Side in Foreclosure
Improper paperwork has plagued foreclosure plaintiffs. With firms like David Sterns specializing in foreclosure fraud, homeowners have been inspired to seek foreclosure defense. Lenders, however, are sidestepping into voluntary withdrawal so they can straighten up their documents and re-file. The rules of evidence have been largely ignored in the mass of foreclosure filings. An affidavit of the bank, by the bank, and for the bank is hearsay, unless it is a proper business record. For a document to be admissible under this exception, the plaintiff must show that the record (1) was recorded at or near the time of the event, (2) was recorded by or from information transmitted by a person with knowledge, (3) was recorded in the ordinary course of a regularly conducted business activity, and (4) was a regular practice of that business to make such a record. If the lawsuit is unopposed, there is no one to question the admissibility of the documents submitted as evidence. Sometimes in foreclosure defense, as soon as you begin to question the lender’s documents, the lender voluntarily withdraws. This allows the plaintiff to get his paperwork in order and then re-file, (and avoids the risk of having the judge dismiss [...] Read More