Friday, November 30, 2007
Sunday, November 11, 2007
FAMILY SERENITY FOR THE HOLIDAY CUSTODY AND VISITATION TIME
It never seems to fail that during the holiday season many problems arise in families that are going through a divorce or have lingering custody issues. Try to minimize the need to call your attorney during the holidays. You may not need to take legal action just because there is a dispute about a drop off or pick uptime or because you feel that the children really want to spend more time with you. First try to work it out with your ex. This will help minimize the stress to the children and will provide you with an evidentiary showing that you first tried to work out a reasonable result with regards to the visitation.
If you can't work it out, then try to first have your attorney send a letter with a short time frame attached to it and which references your informal attempts to work out the dispute. It can be quite costly to seek legal redress during the holidays because of time constraints, the crowed courts and other factors. As a last resort you may have to seek an order from the Court with regards to the visitation and custody issues if it is truly an emergency situation or there is a likelihood that irreparable harm may result if relief is not granted.
It can be quite tricky if you are going to apply ex parte to the Court for a shortened period of time to seek the Court's intervention. There will be time that has to be spent preparing declarations, moving papers, ex parte papers and other documents needed to be filed with the Court. If you have to go this route make sure that you do not skimp and spend the extra time and money to obtain the best result for the children. Your attorney should will be able to guide you through this mine field and have you walk out relatively unscathed at the end.
If you can't work it out, then try to first have your attorney send a letter with a short time frame attached to it and which references your informal attempts to work out the dispute. It can be quite costly to seek legal redress during the holidays because of time constraints, the crowed courts and other factors. As a last resort you may have to seek an order from the Court with regards to the visitation and custody issues if it is truly an emergency situation or there is a likelihood that irreparable harm may result if relief is not granted.
It can be quite tricky if you are going to apply ex parte to the Court for a shortened period of time to seek the Court's intervention. There will be time that has to be spent preparing declarations, moving papers, ex parte papers and other documents needed to be filed with the Court. If you have to go this route make sure that you do not skimp and spend the extra time and money to obtain the best result for the children. Your attorney should will be able to guide you through this mine field and have you walk out relatively unscathed at the end.
Tuesday, October 2, 2007
RISING INTEREST RATES AND YOUR FALLING HOME VALUE
Everytime that the Federal Reserve raised interest rates in the last one and one half years there was a corresponding effect on your existing home value. As interest rates increased the price of loans also increased. This had the effect of increasing the monthly real price of your loan servicing and squeezing people out of the market as it became more and more expensive to make the monthly loan payments. As there were less and less buyers the demand for property decreased which caused a corresponding drop in the value of the properties. The Federal Reserves' recent lowering of the interest rates has only had a negligible effect on overall interest rates because everyone figures that the Fed will not lower the rates anymore.
All of this means that if you had an adjustable rate loan tied to the Federal Funds rate your interest rate increased over time as did your monthly loan servicing payments. Also, at the same time your equity was being depleted as the value of your house decreased. At some point if these variables continue in the same direction you will end up upside down on your loan versus your property value. With a no equity position and increasing monthly payments your reserves are being drained and you are falling deeper and deeper into debt. Your entire financial future has now been ruined by the loan broker, banker or agent that put you into your loan, and they knew this was going to happen to you. Those hollow promises that you would be able to refinance your way out of this predicament were carelessly made by your lender or facilitator and may be actionable.
You have real damages because the cost of your borrowing over the life of the loan just keeps increasing, your credit rating is falling, your equity has evaporated and you have nothing to show for your hard work. Forget about refinancing becasue with the implosion of the subprime market any hope of obtaining a 100% loan has disappeared with your agent's business. Who's going to pay for your damages and how are you going to be able to avoid certain financial death for the next several years.
The Law Offices of Dennis P. Wilson is exploring the possibilities for you and may be able to help. You need to review all of your loan documents, closing statements and other representations made to you by the lenders or their agents. If they knew or should have known that you could not afford the effects of an upturn in the interest market and if they failed to properly inform you of the potential consequences than you may be able to take legal recourse against your lender. Contact the Law Offices of Dennis P. Wilson to find out what they have to say about your problem.
All of this means that if you had an adjustable rate loan tied to the Federal Funds rate your interest rate increased over time as did your monthly loan servicing payments. Also, at the same time your equity was being depleted as the value of your house decreased. At some point if these variables continue in the same direction you will end up upside down on your loan versus your property value. With a no equity position and increasing monthly payments your reserves are being drained and you are falling deeper and deeper into debt. Your entire financial future has now been ruined by the loan broker, banker or agent that put you into your loan, and they knew this was going to happen to you. Those hollow promises that you would be able to refinance your way out of this predicament were carelessly made by your lender or facilitator and may be actionable.
You have real damages because the cost of your borrowing over the life of the loan just keeps increasing, your credit rating is falling, your equity has evaporated and you have nothing to show for your hard work. Forget about refinancing becasue with the implosion of the subprime market any hope of obtaining a 100% loan has disappeared with your agent's business. Who's going to pay for your damages and how are you going to be able to avoid certain financial death for the next several years.
The Law Offices of Dennis P. Wilson is exploring the possibilities for you and may be able to help. You need to review all of your loan documents, closing statements and other representations made to you by the lenders or their agents. If they knew or should have known that you could not afford the effects of an upturn in the interest market and if they failed to properly inform you of the potential consequences than you may be able to take legal recourse against your lender. Contact the Law Offices of Dennis P. Wilson to find out what they have to say about your problem.
Thursday, September 20, 2007
THE PRICE OF JUSTICE
IN TODAYS LEGAL SYSTEM THE ONLY REAL WAY FOR A JURY TO COMPENSATE A VICTIM FOR THEIR INJURIES IS BY ASSIGNING A MONETARY VALUE TO THE INJURIES. WHEN PEOPLE FIRST CAME UP WITH THE IDEA OF MONEY IT WAS MAINLY FOR TRADE SO THAT CHICKENS AND HOGS AND PRODUCE AND OTHER THINGS DID NOT HAVE TO BE EXCHANGED WHEN PEOPLE WERE ACQUIRING THINGS THEY NEEDED. CONSEQUENTLY, MONEY TOOK ON AN IMPORTANT ROLE IN OUR SOCIETY AS A MEDIUM THAT SYMBOLIZES VALUE. IN OUR CIVIL JUSTICE SYSTEM, WE CAN NOT GIVE A PERSON BACK THEIR ARM OR LEG OR LIFE AND WE CAN NOT TAKE AWAY ALL OF THE PAIN AND SUFFERING THAT EACH PERSON SUFFERS AS A RESULT OF ANOTHER PERSON'S NEGLIGENCE. THUS, WE HAVE DECIDED THAT IN A CIVILIZED SOCIETY WE SUBSTITUTE MONEY FOR KING SOLOMON'S JUSTICE.
HOW DOES ONE DECIDE WHAT PRICE TO PLACE ON A PERSON'S INJURIES? DO WE USE OUR OWN INJURIES AS A GAUGE? WELL, WE CAN, BUT EACH PERSON'S PAIN THRESH HOLD AND FEELINGS ASSOCIATED WITH THEIR PAIN ARE UNIQUE TO THAT PERSON. SOME SAY THAT PEOPLE SHOULD BE COMPENSATED FOR THEIR MEDICAL BILLS, BUT NOT THEIR PAIN AND SUFFERING BECAUSE EVERYONE DEALS WITH THEIR OWN PAIN AND SUFFERING. IS IT FAIR TO GIVE A PERSON WHO CAUSED SOMEONE ELSE'S PAIN AND SUFFERING A FREE PASS AND ABSOLVE THEM OF THEIR PERSONAL RESPONSIBILITY FOR CAUSING THE PROBLEM? LIFE BRINGS WITH IT CONSEQUENCES AND FOR EVERY ACTION THEIR IS A REACTION. FOR EXAMPLE, A CAR ACCIDENT IS CAUSED BY SOMEONE AND THEIR IS A VICTIM OF THE CRASH. SHOULD A VICTIM HAVE TO BEAR RESPONSIBILITY FOR THEIR OWN INJURIES BECAUSE SOMEONE ELSE CRASHED INTO THEM? BY THE SAME TOKEN, IF SOMEONE ACCIDENTALLY CRASHES INTO YOUR HOUSE, SHOULD YOU HAVE TO PAY THE COST OF REPLACING ALL OF THE DAMAGED PARTS AND THE DOG THAT WAS KILLED?
IN ANY EVENT, WHEN YOU ARE PRESENTING A CASE IN BURBANK COURT AND REQUESTING MONETARY DAMAGES FOR YOUR INJURIES, YOU ARE LIKELY TO HEAR JURORS SAY THAT YOU SHOULD ONLY RECEIVE YOUR MEDICAL BILLS THAT ARE REASONABLE. THAT MEANS THAT YOU HAVE TO PAY OUT OF YOUR POCKET FOR ALL OF THE MEDICAL BILLS THAT THE JURY DID NOT AWARD TO YOU. WHAT A WIN FALL FOR THE DEFENDANT WHO CAUSED THE PROBLEM! THEN, FOR EVERY DAY YOU WERE IN EXCRUCIATING PAIN THEY JURY WILL HAVE TO DECIDE HOW MUCH MONEY JUSTICE TO AWARD YOU FOR THAT PAIN THAT YOU DID NOT HAVE BEFORE YOUR BACK WAS WRECKED BY THE PERSON WHO DROPPED A BAG OF CEMENT ON YOU AT HOME DEPO. THE JURY WILL ALSO HAVE TO DECIDE WHAT FUTURE PAIN AND SUFFERING TO AWARD YOU AND WHETHER YOU ARE ENTITLED TO DAMAGES FOR EMOTIONAL DISTRESS.
EMOTIONAL DISTRESS FROM A BACK INJURY CAN BE QUITE DEVASTATING BECAUSE ONCE YOU ARE UNABLE TO SIT, STAND OR WALK WITHOUT PAIN, YOU ALSO SUFFER FROM DEPRESSION AND OTHER PSYCHOLOGICAL PAINS THAT HAVE CLEARLY BEEN CAUSED BY THE NEGLIGENCE OF ANOTHER PERSON. THIS OTHER PERSON MAY HAVE INSURANCE, WORK FOR A LARGE COMPANY THAT HAS INSURANCE OR OTHERWISE IS ABLE TO PAY THOUSANDS OF DOLLARS A DAY FOR THEIR ATTORNEYS. ON THE OTHER HAND, THE PLAINTIFF HAS TO RELY ON THEIR ATTORNEY TO PAY ALL OF THE COSTS OF COURT AND TRIAL (THOUSANDS AND THOUSANDS OF DOLLARS) AND FOREGOING ATTORNEY'S FEES UNLESS THEY RECOVER DAMAGES FOR YOU. WOULD YOU PAY TO FIX UP A POOR PERSON'S HOUSE IN DESPERATE NEED OF REPAIR, PUT IN NEW PLUMBING AND LANDSCAPING, PAY THE MORTGAGE COSTS ON A HOUSE YOU DO NOT LIVE IN, AND IN A FALLING REAL ESTATE MARKET FOREGOING BEING PAID FOR YOUR TIME AND COSTS UNLESS YOU WERE ABLE TO SELL THE HOUSE AT A PROFIT HIGH ENOUGH TO PAY THE OWNER A FAIR PROFIT? WELL THAT'S WHAT PLAINTIFF ATTORNEY'S DO AND THEY ALSO CHAMPION JUSTICE FOR THE INDIGENT, LESS ADVANTAGED AND THOSE WHO CAN NOT FIGHT FOR THEMSELVES.
SO WHEN YOU ARE DETERMINING HOW MUCH MONEY JUSTICE TO RENDER WHEN YOU ARE ON JURY DUTY, DON'T GIVE THE DEFENDANT A FREE PASS. MAKE SURE THAT YOU CAREFULLY CONSIDER EACH ELEMENT OF THE DAMAGES THAT THE PLAINTIFF CLAIMS THEY SUFFERED. DO NOT GIVE THE PLAINTIFF MONEY UNLESS YOU BELIEVE THEM AND THEN COMPENSATE THEM FAIRLY. A SMALL AWARD OF PAIN AND SUFFERING MAY BE ALL YOU WANT TO AWARD, BUT DON'T DO IT JUST BECAUSE YOU CAN. BE FAIR AND IF A PERSON HAS SUFFERED THEY SHOULD BE MADE WHOLE. IF THAT MEANS AWARDING THOUSANDS AND THOUSANDS AND THOUSANDS OF DOLLARS, THEN YOU HAVE A MORAL OBLIGATION TO FOLLOW THE LAW AND MAKE THAT AWARD.
HOW DOES ONE DECIDE WHAT PRICE TO PLACE ON A PERSON'S INJURIES? DO WE USE OUR OWN INJURIES AS A GAUGE? WELL, WE CAN, BUT EACH PERSON'S PAIN THRESH HOLD AND FEELINGS ASSOCIATED WITH THEIR PAIN ARE UNIQUE TO THAT PERSON. SOME SAY THAT PEOPLE SHOULD BE COMPENSATED FOR THEIR MEDICAL BILLS, BUT NOT THEIR PAIN AND SUFFERING BECAUSE EVERYONE DEALS WITH THEIR OWN PAIN AND SUFFERING. IS IT FAIR TO GIVE A PERSON WHO CAUSED SOMEONE ELSE'S PAIN AND SUFFERING A FREE PASS AND ABSOLVE THEM OF THEIR PERSONAL RESPONSIBILITY FOR CAUSING THE PROBLEM? LIFE BRINGS WITH IT CONSEQUENCES AND FOR EVERY ACTION THEIR IS A REACTION. FOR EXAMPLE, A CAR ACCIDENT IS CAUSED BY SOMEONE AND THEIR IS A VICTIM OF THE CRASH. SHOULD A VICTIM HAVE TO BEAR RESPONSIBILITY FOR THEIR OWN INJURIES BECAUSE SOMEONE ELSE CRASHED INTO THEM? BY THE SAME TOKEN, IF SOMEONE ACCIDENTALLY CRASHES INTO YOUR HOUSE, SHOULD YOU HAVE TO PAY THE COST OF REPLACING ALL OF THE DAMAGED PARTS AND THE DOG THAT WAS KILLED?
IN ANY EVENT, WHEN YOU ARE PRESENTING A CASE IN BURBANK COURT AND REQUESTING MONETARY DAMAGES FOR YOUR INJURIES, YOU ARE LIKELY TO HEAR JURORS SAY THAT YOU SHOULD ONLY RECEIVE YOUR MEDICAL BILLS THAT ARE REASONABLE. THAT MEANS THAT YOU HAVE TO PAY OUT OF YOUR POCKET FOR ALL OF THE MEDICAL BILLS THAT THE JURY DID NOT AWARD TO YOU. WHAT A WIN FALL FOR THE DEFENDANT WHO CAUSED THE PROBLEM! THEN, FOR EVERY DAY YOU WERE IN EXCRUCIATING PAIN THEY JURY WILL HAVE TO DECIDE HOW MUCH MONEY JUSTICE TO AWARD YOU FOR THAT PAIN THAT YOU DID NOT HAVE BEFORE YOUR BACK WAS WRECKED BY THE PERSON WHO DROPPED A BAG OF CEMENT ON YOU AT HOME DEPO. THE JURY WILL ALSO HAVE TO DECIDE WHAT FUTURE PAIN AND SUFFERING TO AWARD YOU AND WHETHER YOU ARE ENTITLED TO DAMAGES FOR EMOTIONAL DISTRESS.
EMOTIONAL DISTRESS FROM A BACK INJURY CAN BE QUITE DEVASTATING BECAUSE ONCE YOU ARE UNABLE TO SIT, STAND OR WALK WITHOUT PAIN, YOU ALSO SUFFER FROM DEPRESSION AND OTHER PSYCHOLOGICAL PAINS THAT HAVE CLEARLY BEEN CAUSED BY THE NEGLIGENCE OF ANOTHER PERSON. THIS OTHER PERSON MAY HAVE INSURANCE, WORK FOR A LARGE COMPANY THAT HAS INSURANCE OR OTHERWISE IS ABLE TO PAY THOUSANDS OF DOLLARS A DAY FOR THEIR ATTORNEYS. ON THE OTHER HAND, THE PLAINTIFF HAS TO RELY ON THEIR ATTORNEY TO PAY ALL OF THE COSTS OF COURT AND TRIAL (THOUSANDS AND THOUSANDS OF DOLLARS) AND FOREGOING ATTORNEY'S FEES UNLESS THEY RECOVER DAMAGES FOR YOU. WOULD YOU PAY TO FIX UP A POOR PERSON'S HOUSE IN DESPERATE NEED OF REPAIR, PUT IN NEW PLUMBING AND LANDSCAPING, PAY THE MORTGAGE COSTS ON A HOUSE YOU DO NOT LIVE IN, AND IN A FALLING REAL ESTATE MARKET FOREGOING BEING PAID FOR YOUR TIME AND COSTS UNLESS YOU WERE ABLE TO SELL THE HOUSE AT A PROFIT HIGH ENOUGH TO PAY THE OWNER A FAIR PROFIT? WELL THAT'S WHAT PLAINTIFF ATTORNEY'S DO AND THEY ALSO CHAMPION JUSTICE FOR THE INDIGENT, LESS ADVANTAGED AND THOSE WHO CAN NOT FIGHT FOR THEMSELVES.
SO WHEN YOU ARE DETERMINING HOW MUCH MONEY JUSTICE TO RENDER WHEN YOU ARE ON JURY DUTY, DON'T GIVE THE DEFENDANT A FREE PASS. MAKE SURE THAT YOU CAREFULLY CONSIDER EACH ELEMENT OF THE DAMAGES THAT THE PLAINTIFF CLAIMS THEY SUFFERED. DO NOT GIVE THE PLAINTIFF MONEY UNLESS YOU BELIEVE THEM AND THEN COMPENSATE THEM FAIRLY. A SMALL AWARD OF PAIN AND SUFFERING MAY BE ALL YOU WANT TO AWARD, BUT DON'T DO IT JUST BECAUSE YOU CAN. BE FAIR AND IF A PERSON HAS SUFFERED THEY SHOULD BE MADE WHOLE. IF THAT MEANS AWARDING THOUSANDS AND THOUSANDS AND THOUSANDS OF DOLLARS, THEN YOU HAVE A MORAL OBLIGATION TO FOLLOW THE LAW AND MAKE THAT AWARD.
Sunday, September 2, 2007
INTERPRETING LEASE CONTRACTS
BEFORE YOU SIGN ANY LEASE FOR RESIDENTIAL OR COMMERCIAL PROPERTY YOU SHOULD HAVE YOUR BURBANK ATTORNEY REVIEW IT FIRST. THIS WAY YOU WILL BE ABLE TO HAVE SOMEONE EXPLAIN TO YOU EXACTLY WHAT YOU ARE SIGNING AND WHAT YOUR OBLIGATIONS WILL BE UNDER THE CONTRACT. ITS A LOT EASIER TO WORK OUT A CONTRACT CHANGE BEFORE YOU SIGN IT THAN AFTER YOU HAVE COMMITTED YOURSELF AND SIGNED IT. IT IS WELL WORTH THE MONEY YOU WILL PAY TO HAVE YOUR ATTORNEY REVIEW THE CONTRACT AND EXPLAIN IT TO YOU VERSUS HAVING TO PAY YOUR ATTORNEY THOUSANDS AND THOUSANDS OF DOLLARS TO LITIGATE THE CONTRACT IN COURT.
MOST REAL ESTATE CONTRACTS ARE FORM CONTRACTS WRITTEN FOR THE BENEFIT OF THE LANDLORD. YOU CAN MODIFY THEM BEFORE YOU SIGN THEM THROUGH THE USE OF CROSS OUTS AND ADDENDUMS. A CROSS OUT IS SIMPLY CROSSING OUT WORDING OR SECTIONS THAT YOU DO NOT WANT TO BE INCLUDED. AN ADDENDUM IS THE PRACTICE OF ADDING ADDITIONAL TERMS AND CONDITIONS INTO THE CONTRACT THAT ARE BENEFICIAL OR UNIQUE TO YOUR POSITION. BY USING CROSS OUTS AND ADDENDUMS YOU CAN TAILOR THE LANDLORD'S CONTRCT TO YOUR ADVANTAGE AND GAIN SECURITY AND COMFORT IN CASE THE CONTRACT HAS TO BE LITIGATED.
YOUR BURBANK ATTORNEY CAN REVIEW YOUR CONTRACT AND DRAFT ADDENDUMS FOR YOU AS WELL AS HELP YOU HAND TAILOR CROSS OUTS OF SECTIONS THAT MAY CAUSE YOU PROBLEMS IN THE FUTURE. PAYING $300 TO $400 PER HOUR IS A LOT MORE ECONOMICAL THAT PAYING THOUSANDS AND THOUSANDS OF DOLLARS FOR LITIGATION COSTS. PLAY IT SMART AND DO WHAT THE LANDLORDS DO, HAVE YOUR BURBANK ATTORNEY REVIEW ALL OF YOUR CONTTRACTS BEFORE YOU SIGN ANYTHING.
MOST REAL ESTATE CONTRACTS ARE FORM CONTRACTS WRITTEN FOR THE BENEFIT OF THE LANDLORD. YOU CAN MODIFY THEM BEFORE YOU SIGN THEM THROUGH THE USE OF CROSS OUTS AND ADDENDUMS. A CROSS OUT IS SIMPLY CROSSING OUT WORDING OR SECTIONS THAT YOU DO NOT WANT TO BE INCLUDED. AN ADDENDUM IS THE PRACTICE OF ADDING ADDITIONAL TERMS AND CONDITIONS INTO THE CONTRACT THAT ARE BENEFICIAL OR UNIQUE TO YOUR POSITION. BY USING CROSS OUTS AND ADDENDUMS YOU CAN TAILOR THE LANDLORD'S CONTRCT TO YOUR ADVANTAGE AND GAIN SECURITY AND COMFORT IN CASE THE CONTRACT HAS TO BE LITIGATED.
YOUR BURBANK ATTORNEY CAN REVIEW YOUR CONTRACT AND DRAFT ADDENDUMS FOR YOU AS WELL AS HELP YOU HAND TAILOR CROSS OUTS OF SECTIONS THAT MAY CAUSE YOU PROBLEMS IN THE FUTURE. PAYING $300 TO $400 PER HOUR IS A LOT MORE ECONOMICAL THAT PAYING THOUSANDS AND THOUSANDS OF DOLLARS FOR LITIGATION COSTS. PLAY IT SMART AND DO WHAT THE LANDLORDS DO, HAVE YOUR BURBANK ATTORNEY REVIEW ALL OF YOUR CONTTRACTS BEFORE YOU SIGN ANYTHING.
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