Thank you for your excellent legal services provided to me and my family. Although there are many good attorneys and law firms , you went beyond the call of duty. Your knowledge and expertise helped make the jagged edges in my life smooth. I appreciate your positive attitude and self-sacrificing spirit. It is encouraging to know that there are still professional people like you and your group who still have my best interest at heart!
Our bankruptcy practice includes Chapters 7, 11 and 13. It is our objective to provide our clients with a new beginning allowing them to:
Many people are unaware of the fact that a bankruptcy filing is no worse than having late payments and charge-offs on their credit report. With a bankruptcy filing, you are granted a new start by eliminating or reducing the bulk of your unsecured debt.
A contract is defined as a voluntary arrangement between two or more parties that is enforceable at law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil lawtradition.
The failure to perform any term of a contract, whether it is written or oral, without a legitimate legal excuse, constitutes a breach of contract. This may include not completing a job, not paying in full or on time, failure to deliver all of the goods, substituting inferior or significantly different goods, not providing a bond when required, being late without excuse, or any act which shows the party will not complete the work.
Usually a party is seeking damages from the breaching party that caused the breach of the contract.
Family law encompasses a broad range of legal topics involving marriage and children. Common family law subjects include divorce or annulment, child custody and visitation rights, child support payments, and spousal support / alimony.
Family law specifically deals with children in regards to divorce, annulment, domestic violence and restraining orders and/or peace orders. The Managing Member, Arlene A. Smith-Scott, is a Best Interest of the Child Attorney.
Our practice includes guardianship as well as adult guardianship for individuals who are not able to take care of themselves due to mental incapacitation.
Foreclosure mediation is a process that is used to help homeowners avoid foreclosure by coming up with an alternate solution that benefits both the borrowers and the lender. Mediation consists of a meeting between:
At the meeting, the parties discuss the borrower’s financial situation and try to negotiate a way for the homeowner to keep the home or give up the property without going through a foreclosure. By working together, the parties are often able to reach an agreement.
Potential outcomes of mediation include:
The goal of the foreclosure defense strategy is to prove that the bank does not have a right to foreclose. The chances of success rest on an attorney’s ability to challenge how the mortgage industry operates. The strategy aims to take advantage of flaws in the system, and presumes illegal or unethical behavior on the part of lenders.
Foreclosure defense is a new concept that continues to grow alongside the rising tide of foreclosure cases. While some courts accept foreclosure defense arguments, others find them specious and hand down decisions more beneficial to banks than to homeowners.
A growing number of victories by homeowners in state and federal courts have altered the foreclosure landscape dramatically, giving optimism to tens of thousands of other homeowners in similar situations. And because many of America’s large banks have acknowledged unorthodox, unaccepted or even illegal practices in the areas of mortgages, loan modifications and foreclosures, they inadvertently have given homeowners additional ammunition with which to fight.
A major strategy of foreclosure defense is to make a bank substantiate clear chains of title for a mortgage and a promissory note. If any link in either chain is questionable, it can nullify a lender’s ability to make a valid claim on a property.
The foreclosure process varies somewhat from state to state, depending on whether your state uses mortgages or deeds of trust for the purchase of real property. A mortgage or deed of trust outlines a transfer of an interest in a property; it is not, in itself, a promise to pay a debt. Instead, it contains language that gives the lender the right to take the property if the borrower breaches the terms of the promissory note.
If you signed a mortgage, it generally means you live in a state that conducts judicial foreclosures, meaning that a lender has to sue in court in order to get a judgment to foreclose. If you signed a deed of trust, you live in a state that conducts non-judicial foreclosures, which means that a lender does not have to go to court to initiate a foreclosure action.
In a judicial state, homeowners have the advantage because they can require that the lender produce proof and perfection of claim, at the initial court hearing. In a non-judicial state, the lender does not have to prove anything because the state’s civil code gives it the right to foreclose after a notice of default has been sent. So in non-judicial states, a homeowner must file a civil action against the lender to compel it to provide proof of claim.
Regardless of whether you signed a mortgage or a deed of trust, you also signed a promissory note – a promise to pay back a specified amount over a set period of time. The note goes directly to the lender and is held on its books as an asset for the amount of the promised repayment. The mortgage or deed of trust is a public record and, by law, must be recorded in a county or town office. Each time a promissory note is assigned, i.e. sold to another party, the note itself must be endorsed with the name of the note’s new owner. Each time a deed of trust or mortgage is assigned to another entity, that transaction must be recorded in the town or county records office.
The legal definition of real estate or real property is land and the buildings on it. Real estate law governs who may own and use the land. This simple concept includes a wide range of different legal disciplines.
Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.
Generally, people associate personal injury with the concept of negligence which is the basis for most personal injury lawsuits, from auto collisions to slips and falls. Negligence is an action that may be purely accident, without the intent to harm, but it did injure and individual who desires the damages, whether it is medical, lost earnings, damaged vehicle, wrongful death, etc.
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Don’t be the boulder in the stream,be the pebble in the current.After your days in a calm creek,fly in the flow downstream.Revel in the tumble of the rapids,and the freefall flight of the waterfall. Smooth your edges in the ether of water,let her flows strip you down to sand. At the mouth of the mother of waters,join the paradise of pebbles on the beach. Each grain, a pebble from a different creek,in the endless ebbs and flows of the tide. All humming the great hymn,of earth and sea and sky above. Don’t be the boulder in the stream,be the pebble in the current.
We are a Debt Relief Agency under the Federal Law and we provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.