Is Bat Rolling Illegal What Does Asa, Usssa, And Nsa Say
It is clear that all associations believe that altering a bat not allowed as spelled out by their rules but lets clear the air; there is not any law that states a rolled bat is illegal. It would be hard for a prosecutor to prove that a rolled bat is any hotter than a bat broken in by hitting baseballs or softballs repeatedly. There have not been any landmark civil suit cases to date. There has been one court case to date about altering bats but this was a shaved and a painted bat: Oklahoma City, OKThe Amateur Softball Association (ASA) is pleased to report that the U.S. District Court for Western Oklahoma has awarded ASA $100,000 in damages and attorneys fees totaling approximately $12,000 against the first two defendants in the Associations ongoing attempts to rid the game of softball of illegal equipment including painting and other techniques used to alter bats. This was not damages to a person but to the ASA organization and it was three years ago. Association can suspend you if a bat is found to be altered but bat rolling is virtually impossible to detect, without a shadow of doubt. Unlike shaving or end loading a bat the effects of rolling are not easily detectable. A bat would need to be cut long ways and scientifically examined to find a pattern of resin break down consistent with rolling; no association has that type of time or money. I have personally known of bats that were sent to large bat companies for warranty which were rolled and not one was denied a replacement.
I will now go into what each associations rules are in regards to rolling.
ASA
Rule 3 Equipment
We have had several questions pertaining to bats and what is legally permissible to do to a bat. One item that appears to keep coming up is the rolling of bats for quicker break in of the fibers. There are those who maintain that rolling of ones bat is perfectly legal. According to Rule 3 Section 7 NOTE: The characteristics of any approved equipment can not be changed. Examples. Therefore, according to our rules, rolling of ones bat is illegal and would make that bat an altered bat according to Rule 1 Altered Bat: When the physical structure of a legal softball bat has been changed. They specifically mention bat rolling but as I stated earlier there is no way to detect rolling.
USSSA
Altered Bats - Excessive Pressure
Included in the USSSA view of what is an altered or doctored bat are any bats that are subjected to pressure
in any manner that exceeds that of striking the bat against an approved ball traveling at game like speeds.
Such excess pressure would include, but is not limited to, any compression, rolling, placing in a vice,
hitting a stationary object such as a pole, etc. Again the same type of verbiage
NSA
An altered bat is considered altered when the physical structure of the legal bat has been changed in any way, or when an illegal or non approved bat has been made up in such a way as to appear to be a legal bat. Examples of altering a bat are, but not limited to the following: Painting a bat, replacing the handle or shaving the handle or barrel or the taper changed in any way. Such as by sandpapering or applying a solvent to the surface such as fingernail polish remover or by any other means. Removing or replacing the plug or changed in any way other than factory repairs. Had the knob removed/ replaced or changed in any way or had anything removed or added to the inside or outside of the bat other than the legal way to tape the bat the specified and appropriate place as described in the NSA Rule Book. There is nothing specific about rolling but some could see this as a way to say it is illegal.
Bat rolling is a very hot topic among softball associations, players, and bat companies. Associations are trying to level the playing field as best as possible with their resources. Only one bat company has made huge commitments to keeping altered bats off the field of play. Easton has made reveal composite and started stamping there end caps where the cap meets the bat. This, Im sure, has made a slight dent in altered bat use but without testing bats at the parks with a precise compression tester there is no end to bats going above the mph legal limit. ASA has made such a machine but it is archaic at best. The machine can tell if the bat is over the 98mph limit but it will not tell you by how much. Bats that are broken in by batting practice can be deemed illegal because they are over that limit and with that the owner is at risk being labeled a cheater. Bat companies are to blame, for the most part, because there is an unspoken competition as to whose bat can change in batted ball speed the most after being broken in. This would be the bat everyone seeks to obtain and thus sales go up. With all that being said bat rolling is no different than a well broken in bat, so why spend days, weeks, or even months breaking in your bat when you can get it rolled? With such a drastic difference between new and broken in bats, you need to get your bat rolled or spend days breaking it in to level the playing field. If it was increasing distance like shaving does I can see the argument of cheating but we are talking about apples and oranges. Bat rolling simply speeds up the break in process with out any detection.
Wednesday, October 31, 2012
Unsecured Loans - Eight Considerations
If you are in need of a substantial infusion of cash and cannot or do not wish to offer any collateral to secure the loan, you will be wanting an unsecured loan or a signature loan. A lender only has your signature and your promise to secure repayment. This high risk incurs higher interest rates. Here are eight considerations regarding unsecured loans and the lending industry.
Consideration One The I.O.U.
The oldest financial instrument on Earth, the I.O.U., is still kicking. The most simple of loans, it is the one that requires the most diligence regarding repayment. Getting money from a friend or family member is tough to ask for and it should repaid as agreed. Neglecting the agreement can result in bad blood and bad relationships .
Consideration Two The Traditional Lender
Many traditional lenders still offer unsecured or signature loans, often referred to as personal lines of credit. The institution underwriting the loan sets the credit limits and interest rates. Credit scores, salaries and other indicators are used. The better the credit score, the lower the interest rates and the more comfortable the repayment terms.
Consideration Three The Credit History
You can pretty much count on a lender running your credit scores. The higher your score or FICO (Fair Isaac Company), the better your chances for approval and the lower your interest rates. Run it for yourself to check for discrepancies because usually there are errors.
Consideration Four The High Interest Rates
When there is no collateral to secure the loan, and especially when the borrower has a poor credit history, interest rates will be higher than for other loans. This risk requires higher interest rates so the lender is better able to recover after defaults. For instance, if you take a $250 loan, in as little as two weeks you will have to pay back around $285. Not a lot if you need the cash, but extension requests will cause more fees and paying even more in interest.
Consideration Five The Bankruptcy
Having a bankruptcy on your record, lenders will take a hard look at your application. Once a borrower declares bankruptcy, assets are seized, sold and money doled out. Unsecured private loan lenders often end up at the end of the line when it comes to paying off creditors. Sometimes no money is left when their turn comes up.
Consideration Six The Credit Card
Yearly, billions of dollars are passed through credit card companies. Many do not see credit cards as loans; they are. The company pays the merchant, you pay the company plus interest. Many credit card companies have pulled pretty tricky stuff when it comes to the slightest infraction. Late payments, less than required payments, going over the credit limit, and other mishaps can increase interest rates and fees to near loan shark amounts. Cash advances are terribly expensive.
Consideration Seven The Persistent Collector
Consumers have protection from overzealous debt collectors through the Fair Debt Collection Privacy Act. Defaults on loans and credit cards are the most common reason collectors descend on consumers. The Act prevents harassment such as calls at work, unfounded threats of law suits, and other harassing collector tricks. Consumers can sue and even have the right to include attorney fees in the settlement.
Consideration Eight The Fine Print
Though loans are as old as the Neanderthal, nowadays it is important that you understand the rates and terms before signing on any dotted line. All kinds of interesting things, costly things, can show up in the fine print. You have heard this admonition since childhood for good reason. It is absolutely necessary. When it comes to dealing with the money of others, all sorts of interesting factors arise and there is plenty of elbow room for rogues.
Consideration One The I.O.U.
The oldest financial instrument on Earth, the I.O.U., is still kicking. The most simple of loans, it is the one that requires the most diligence regarding repayment. Getting money from a friend or family member is tough to ask for and it should repaid as agreed. Neglecting the agreement can result in bad blood and bad relationships .
Consideration Two The Traditional Lender
Many traditional lenders still offer unsecured or signature loans, often referred to as personal lines of credit. The institution underwriting the loan sets the credit limits and interest rates. Credit scores, salaries and other indicators are used. The better the credit score, the lower the interest rates and the more comfortable the repayment terms.
Consideration Three The Credit History
You can pretty much count on a lender running your credit scores. The higher your score or FICO (Fair Isaac Company), the better your chances for approval and the lower your interest rates. Run it for yourself to check for discrepancies because usually there are errors.
Consideration Four The High Interest Rates
When there is no collateral to secure the loan, and especially when the borrower has a poor credit history, interest rates will be higher than for other loans. This risk requires higher interest rates so the lender is better able to recover after defaults. For instance, if you take a $250 loan, in as little as two weeks you will have to pay back around $285. Not a lot if you need the cash, but extension requests will cause more fees and paying even more in interest.
Consideration Five The Bankruptcy
Having a bankruptcy on your record, lenders will take a hard look at your application. Once a borrower declares bankruptcy, assets are seized, sold and money doled out. Unsecured private loan lenders often end up at the end of the line when it comes to paying off creditors. Sometimes no money is left when their turn comes up.
Consideration Six The Credit Card
Yearly, billions of dollars are passed through credit card companies. Many do not see credit cards as loans; they are. The company pays the merchant, you pay the company plus interest. Many credit card companies have pulled pretty tricky stuff when it comes to the slightest infraction. Late payments, less than required payments, going over the credit limit, and other mishaps can increase interest rates and fees to near loan shark amounts. Cash advances are terribly expensive.
Consideration Seven The Persistent Collector
Consumers have protection from overzealous debt collectors through the Fair Debt Collection Privacy Act. Defaults on loans and credit cards are the most common reason collectors descend on consumers. The Act prevents harassment such as calls at work, unfounded threats of law suits, and other harassing collector tricks. Consumers can sue and even have the right to include attorney fees in the settlement.
Consideration Eight The Fine Print
Though loans are as old as the Neanderthal, nowadays it is important that you understand the rates and terms before signing on any dotted line. All kinds of interesting things, costly things, can show up in the fine print. You have heard this admonition since childhood for good reason. It is absolutely necessary. When it comes to dealing with the money of others, all sorts of interesting factors arise and there is plenty of elbow room for rogues.
What Is Chapter 7 Bankruptcy And It's Long-term Benefits
Chapter 7 bankruptcy, also known as total discharge, is a law that allows individuals to petition the court to request debt forgiveness. Individuals have this right under the United States Constitution. It provides for a fresh start. The foundational benefits of it are simple. The goal is to enable you to get rid of the debt that is holding you back and to provide a fresh opportunity to rebuild your financial future. As such, there are various stipulations and limitations on filing. This is to both reduce the risks and to protect various functions of the government.
It's Not an Easy Process
Some people believe Chapter 7 bankruptcy is easy. After all, it may seem like all you need to do is to charge a great deal to credit cards and you can get out of that debt. That is not the way it works. Rather, there are various limitations on the process. Individuals must meet specific requirements in order to file.
-To file, you must make at or under the median average income in your state or you will not qualify.
-You can only file one time every eight years - though some states may vary on this.
-You must relinquish any assets that are not protected under the specific code allotments under your state's provisions or qualify under federal guidelines.
-You must work through consumer credit counseling.
-You must pay a filing fee as well as for attorney fees.
-You must attend a financial education program approved by the state.
Many of these factors can help you to not only get through the current financial distress you are in but also help you to rebuild your future. The goal is not to just provide forgiveness of the debt, but rather to provide an opportunity for financial success.
What Are the Benefits?
When looking long-term, consider the benefits that going bankrupt can offer. Though it does put a strain on your credit score for as long as 10 years, it reduces the overall debt load you carry. In the long-term, that can be beneficial. For example, if you cannot repay your debt over the next three to five years, filing could provide you with an opportunity to get out of debt faster. Many people who do file find that their credit score is improved within two to five years from what it was just prior to filing.
Chapter 7 bankruptcy does have negative effects on a person's credit in the short-term, but if you look into the future, it can be a better option. Consider if you qualify to file and, if so, talk to an attorney about your options. You may find this is the right decision for your future.
It's Not an Easy Process
Some people believe Chapter 7 bankruptcy is easy. After all, it may seem like all you need to do is to charge a great deal to credit cards and you can get out of that debt. That is not the way it works. Rather, there are various limitations on the process. Individuals must meet specific requirements in order to file.
-To file, you must make at or under the median average income in your state or you will not qualify.
-You can only file one time every eight years - though some states may vary on this.
-You must relinquish any assets that are not protected under the specific code allotments under your state's provisions or qualify under federal guidelines.
-You must work through consumer credit counseling.
-You must pay a filing fee as well as for attorney fees.
-You must attend a financial education program approved by the state.
Many of these factors can help you to not only get through the current financial distress you are in but also help you to rebuild your future. The goal is not to just provide forgiveness of the debt, but rather to provide an opportunity for financial success.
What Are the Benefits?
When looking long-term, consider the benefits that going bankrupt can offer. Though it does put a strain on your credit score for as long as 10 years, it reduces the overall debt load you carry. In the long-term, that can be beneficial. For example, if you cannot repay your debt over the next three to five years, filing could provide you with an opportunity to get out of debt faster. Many people who do file find that their credit score is improved within two to five years from what it was just prior to filing.
Chapter 7 bankruptcy does have negative effects on a person's credit in the short-term, but if you look into the future, it can be a better option. Consider if you qualify to file and, if so, talk to an attorney about your options. You may find this is the right decision for your future.
Tuesday, October 30, 2012
Va Home Loans Are The Best Option For Americas Servicemen
Va Home Loans Are The Best Option For Americas Servicemen And Women
Active duty soldiers, sailors, airmen and marines as well as veterans of the United States Armed Forces are at a great advantage when they wish to purchase a home. This is because the virtue of their military service entitles them to the fantastic benefits of a VA home loan. There are ten great reasons why you, as a member of the military should look into this loan.
1. Minimal Down Payment
Military home loans to not require you to put any money down on the purchase of your home. Though it is always a great idea to put a little money towards this initial purchase, the no money down option is far superior to either the 3.5% required by the FHA or the up to 20% required by conventional banks and lenders.
2. Minimal Closing Costs
Upon signing the papers to close on your home purchase, most people are hit with a multitude of charges that include, taxes, inspection feed, escrow, insurance and more. However, as a veteran, many loan officers will build the cost of closing feeling into your offer causing the seller to process these fees.
3. Optional Closing Costs
If the seller of the home refuses to pay your closing costs, the VA still helps you out. VA loans limit what you need to pay for in the closing process. This means that additional fees such as document preparation, attorney fees, title work, etc. will not be allowed to be put upon you as the buyer with a Military loan.
4. Certificate of Reasonable Value
Again, protecting you, the VA will not allow for the general appraisal to determine the value of the home you want to buy. Instead, it will issue its own certificate that states the value of the home that you buy within six months of your closing.
5. Inspection
The VA provides another form of protection by inspecting all properties purchased with a VA loan itself. It will make sure that the major issues such as plumbing, furnace, roof and foundation are up to code before you buy.
6. Lower Rates with Streamline Refinance
Once you own a home with a VA loan, there is an additional benefit offered to you in the form of the Streamline refinance loan. This is a process backed by the VA that allows you to refinance your home without being subject to a credit check or needing to worry about appraisal values.
7. No Penalty for Early Payment
A lot of loans that offer a deal in terms of interest rate actually penalize a home buyer for repaying the loan early since they now make less interest from you. However, the VA does not charge a penalty fee for early payment, they welcome it.
8. Capped Points
When buying a home, many mortgage brokers and other lending personnel charge a fee for their services. The VA protects you from those who go overboard with these charges by limiting them and reviewing any charges that may be seen as unreasonable.
9. Flexibility with Other Veterans
If you for some reason have a need to move and have a friend or family member say, your child who is also a veteran and wants to assume your mortgage then the VA will allow you do transfer this without penalty. This is not always the case with conventional bank mortgages and is an excellent bonus for military families.
10. Lower Interest Rates
The whole reason that the VA started giving home loans in the 1940s was to encourage ownership among Americas veterans. Therefore, they offer interest rates that are significantly below market value as a rule, they are also all fixed, meaning the rate that you get today will still be the same in 25 years. This makes payments more manageable and puts you in the best possible position to own your own home.
Active duty soldiers, sailors, airmen and marines as well as veterans of the United States Armed Forces are at a great advantage when they wish to purchase a home. This is because the virtue of their military service entitles them to the fantastic benefits of a VA home loan. There are ten great reasons why you, as a member of the military should look into this loan.
1. Minimal Down Payment
Military home loans to not require you to put any money down on the purchase of your home. Though it is always a great idea to put a little money towards this initial purchase, the no money down option is far superior to either the 3.5% required by the FHA or the up to 20% required by conventional banks and lenders.
2. Minimal Closing Costs
Upon signing the papers to close on your home purchase, most people are hit with a multitude of charges that include, taxes, inspection feed, escrow, insurance and more. However, as a veteran, many loan officers will build the cost of closing feeling into your offer causing the seller to process these fees.
3. Optional Closing Costs
If the seller of the home refuses to pay your closing costs, the VA still helps you out. VA loans limit what you need to pay for in the closing process. This means that additional fees such as document preparation, attorney fees, title work, etc. will not be allowed to be put upon you as the buyer with a Military loan.
4. Certificate of Reasonable Value
Again, protecting you, the VA will not allow for the general appraisal to determine the value of the home you want to buy. Instead, it will issue its own certificate that states the value of the home that you buy within six months of your closing.
5. Inspection
The VA provides another form of protection by inspecting all properties purchased with a VA loan itself. It will make sure that the major issues such as plumbing, furnace, roof and foundation are up to code before you buy.
6. Lower Rates with Streamline Refinance
Once you own a home with a VA loan, there is an additional benefit offered to you in the form of the Streamline refinance loan. This is a process backed by the VA that allows you to refinance your home without being subject to a credit check or needing to worry about appraisal values.
7. No Penalty for Early Payment
A lot of loans that offer a deal in terms of interest rate actually penalize a home buyer for repaying the loan early since they now make less interest from you. However, the VA does not charge a penalty fee for early payment, they welcome it.
8. Capped Points
When buying a home, many mortgage brokers and other lending personnel charge a fee for their services. The VA protects you from those who go overboard with these charges by limiting them and reviewing any charges that may be seen as unreasonable.
9. Flexibility with Other Veterans
If you for some reason have a need to move and have a friend or family member say, your child who is also a veteran and wants to assume your mortgage then the VA will allow you do transfer this without penalty. This is not always the case with conventional bank mortgages and is an excellent bonus for military families.
10. Lower Interest Rates
The whole reason that the VA started giving home loans in the 1940s was to encourage ownership among Americas veterans. Therefore, they offer interest rates that are significantly below market value as a rule, they are also all fixed, meaning the rate that you get today will still be the same in 25 years. This makes payments more manageable and puts you in the best possible position to own your own home.
Tips To Get The Right Equipment Lease Financing Deal
Equipment lease financing is very beneficial to businesses, especially to those who are in a financially tight position and to those who operate in a rapidly changing technological environment. In leasing, business organizations wont have to purchase the business critical equipment, they just need to pay a monthly rental fee to the leasing firm to use it.
All types of equipment from major manufacturing equipment to smaller items, such as computers can be leased from lenders like banks, finance companies, bona fide business equipment/office equipment leasing companies, equipment manufacturers or retailers.
Tips for getting the right deal
1) Find the Right Leasing Partner
As you will be dealing with the leasing company for a long time and it is the question of your business critical assets, take great care in choosing the right leasing firm. This way you will be able to save time and avoid later problems because of a substandard lease. Look for a business equipment or office equipment leasing company who are experienced, have good reputation, are in good financial shape, and have a relationship approach to the business.
2) Choose the Right Lease
When choosing the right lease give utmost attention to details like lease pricing, lease flexibility, balance sheet considerations, equipment obsolescence, the anticipated period of equipment usage and your firms credit status. This analysis will help you arrive at the right decision with regard to the type of lease most beneficial to your business and finances. The lease types you can choose from are a capital lease, finance lease or operating lease.
3) Opt for short End-of-lease Notice and Renewal Periods
Usually the notice period ranges from one to six months. And if proper notice is not served, automatic renewal kicks in which can last from one month to 6 months. You can opt for short notice and automatic renewal periods to avoid paying unintended lease charges.
4) Minimize Interim Rent
Interim rent is the amount paid to the leasing firm for using the equipment between the equipment acceptance and lease start dates. You can opt for delivery and acceptance towards the end of the month as the first day of the month is usually the official start day for leasing firms. In case you fail to do so, you can request a limit on interim rent.
5) Make sure that Lease Term and Projected Equipment Use match
This is important because your lease might run out before your project is over resulting in extra expenses and disruption in work or idle leased equipment for which you have to keep paying. This might also result in premature surrender of the lease which itself will attract penalties. So be very careful in determining your requirements and the expected period of use when deciding the lease period.
6) Identify and Understand All Potential Fees
Leasing proposals are replete with a myriad of fees and penalties such as commitment fees; non-use fees or facility fees, per schedule documentation charges, attorney fees, penalty charges for late rental payments, early lease termination charges etc. You can save a significant amount of money if you can prove yourself to be a good potential customer on the basis of your financial position, market position etc. So understand all the inherent fees and charges and negotiate hard. Remember that if you are a strong candidate there are numerous business equipment/office equipment leasing companies in the market.
All types of equipment from major manufacturing equipment to smaller items, such as computers can be leased from lenders like banks, finance companies, bona fide business equipment/office equipment leasing companies, equipment manufacturers or retailers.
Tips for getting the right deal
1) Find the Right Leasing Partner
As you will be dealing with the leasing company for a long time and it is the question of your business critical assets, take great care in choosing the right leasing firm. This way you will be able to save time and avoid later problems because of a substandard lease. Look for a business equipment or office equipment leasing company who are experienced, have good reputation, are in good financial shape, and have a relationship approach to the business.
2) Choose the Right Lease
When choosing the right lease give utmost attention to details like lease pricing, lease flexibility, balance sheet considerations, equipment obsolescence, the anticipated period of equipment usage and your firms credit status. This analysis will help you arrive at the right decision with regard to the type of lease most beneficial to your business and finances. The lease types you can choose from are a capital lease, finance lease or operating lease.
3) Opt for short End-of-lease Notice and Renewal Periods
Usually the notice period ranges from one to six months. And if proper notice is not served, automatic renewal kicks in which can last from one month to 6 months. You can opt for short notice and automatic renewal periods to avoid paying unintended lease charges.
4) Minimize Interim Rent
Interim rent is the amount paid to the leasing firm for using the equipment between the equipment acceptance and lease start dates. You can opt for delivery and acceptance towards the end of the month as the first day of the month is usually the official start day for leasing firms. In case you fail to do so, you can request a limit on interim rent.
5) Make sure that Lease Term and Projected Equipment Use match
This is important because your lease might run out before your project is over resulting in extra expenses and disruption in work or idle leased equipment for which you have to keep paying. This might also result in premature surrender of the lease which itself will attract penalties. So be very careful in determining your requirements and the expected period of use when deciding the lease period.
6) Identify and Understand All Potential Fees
Leasing proposals are replete with a myriad of fees and penalties such as commitment fees; non-use fees or facility fees, per schedule documentation charges, attorney fees, penalty charges for late rental payments, early lease termination charges etc. You can save a significant amount of money if you can prove yourself to be a good potential customer on the basis of your financial position, market position etc. So understand all the inherent fees and charges and negotiate hard. Remember that if you are a strong candidate there are numerous business equipment/office equipment leasing companies in the market.
Monday, October 29, 2012
Settling Personal Injury Claims - Understanding Of Personal Injury
Settling Personal Injury Claims - Understanding Of Personal Injury Attorney Fees
At anytime that an individual considers hiring a personal injury lawyer in order to represent their personal injury case; the fees are normally the individual's main concern. Since personal injury attorney fees are evaluated and structured within a personal injury case, this article will provide you with essential information that will assist you with developing an understanding of the fees that are associated with personal injury attorneys, within a manner were the fees are assessed and charged.
Normally, personal injury lawyers are going to charge what is technically known as a contingency fee, this is a fee that is only to be paid after the case has been won. So in other words, this is the type of arrangement within which the larger isn't going to charge any type of legal fees until she or he is triumphant within representing the case. In a case of this nature, the lawyer isn't going to ask for the lawyer fee at the onset of the case. However, you have to take into consideration that there are several more fees that are associated with hiring a personal injury attorney, in addition to the contingency fee that will be requested during the course of her or his representation.
In addition to the contingency fee, the lawyer will also charge a fee for all of the expenses and overhead charges that he incurred throughout the duration of the representation of the case. Based on the specific type of case and the firm's policy, your personal injury lawyer may request a payment in advance in order to meet some of the expenses for a certain case. In this type of arrangement, the amount of money that is agreed upon has to be deposited within an office or either the lawyer's firm.
Based on the case requirements and the nature of the case, there is also the factor of cost that you will have to bear. The cost of the trial is going to include the lawyer's fees and all of the other expenses that you have to incur throughout the duration of the trial, regardless of whether or not the case ends within your favor. So, in other words, at the very end of the course, even if the individual wins the case and receives a payment or settlement from the case, all of the money that has to be spent of lawyers is going to be deducted from this settlement.
In these types of cases, the most important thing to take into consideration is that the law firm may be held responsible for all of the expenses that are incurred throughout the duration of the trial no matter who wins or who loses. It is because of this that it is extremely important for you to understand the personal injury lawyer's contract thoroughly. You have to clearly understand that legal contract that has been forwarded by the law firm before you sign the agreement. You should ensure a very thorough investigation of the obligations and rights that are associated with the contract that you have signed in relationship to accept legal services that the law firm has offered to you.
In closing, an individual has to be extremely careful with these types of fees that are charged by the majority of the personal injury lawyers. It is very possible that the personal injury lawyer's contingency fee within the same community is going to be the same; however there are certain clauses that distinguish between the firm's fees and the lawyers fees. Therefore, it is always better for you to ask and take the time to make sure of the structure and nature of the fees before you hire a lawyer that is going to stand up and represent you within a case. This is going to also ensure that the appropriate amount of money or fee is paid by the lawyer.
At anytime that an individual considers hiring a personal injury lawyer in order to represent their personal injury case; the fees are normally the individual's main concern. Since personal injury attorney fees are evaluated and structured within a personal injury case, this article will provide you with essential information that will assist you with developing an understanding of the fees that are associated with personal injury attorneys, within a manner were the fees are assessed and charged.
Normally, personal injury lawyers are going to charge what is technically known as a contingency fee, this is a fee that is only to be paid after the case has been won. So in other words, this is the type of arrangement within which the larger isn't going to charge any type of legal fees until she or he is triumphant within representing the case. In a case of this nature, the lawyer isn't going to ask for the lawyer fee at the onset of the case. However, you have to take into consideration that there are several more fees that are associated with hiring a personal injury attorney, in addition to the contingency fee that will be requested during the course of her or his representation.
In addition to the contingency fee, the lawyer will also charge a fee for all of the expenses and overhead charges that he incurred throughout the duration of the representation of the case. Based on the specific type of case and the firm's policy, your personal injury lawyer may request a payment in advance in order to meet some of the expenses for a certain case. In this type of arrangement, the amount of money that is agreed upon has to be deposited within an office or either the lawyer's firm.
Based on the case requirements and the nature of the case, there is also the factor of cost that you will have to bear. The cost of the trial is going to include the lawyer's fees and all of the other expenses that you have to incur throughout the duration of the trial, regardless of whether or not the case ends within your favor. So, in other words, at the very end of the course, even if the individual wins the case and receives a payment or settlement from the case, all of the money that has to be spent of lawyers is going to be deducted from this settlement.
In these types of cases, the most important thing to take into consideration is that the law firm may be held responsible for all of the expenses that are incurred throughout the duration of the trial no matter who wins or who loses. It is because of this that it is extremely important for you to understand the personal injury lawyer's contract thoroughly. You have to clearly understand that legal contract that has been forwarded by the law firm before you sign the agreement. You should ensure a very thorough investigation of the obligations and rights that are associated with the contract that you have signed in relationship to accept legal services that the law firm has offered to you.
In closing, an individual has to be extremely careful with these types of fees that are charged by the majority of the personal injury lawyers. It is very possible that the personal injury lawyer's contingency fee within the same community is going to be the same; however there are certain clauses that distinguish between the firm's fees and the lawyers fees. Therefore, it is always better for you to ask and take the time to make sure of the structure and nature of the fees before you hire a lawyer that is going to stand up and represent you within a case. This is going to also ensure that the appropriate amount of money or fee is paid by the lawyer.
Remington Financial Group Incorporated
Why do I see a charge from Pinpoint Financial Group,LLC on my credit card statement? PinPoint Financial Group is the company that owns MTOptions. All charges made by MTOptions will show up on your statement under Pinpoint Financial Group,LLC.No, SFS Group is not mainly a financial services company, but a diversified financial group. Its core activities are Financial Services, Investments and Asset Holdings. More information on the Groups main activities can be found at Business Overview and in the Businesses section.
Why do you need title insurance? A home is usually the largest single investment any of us will ever make. Title insurance protects against loss of value from hazards and defects that may exist in the title. These hazards include fraud, forged signatures on deeds, unknown property heirs, liens, and documentation errors. If you were uninsured and your right to title is challenged, you could lose significant money defending yourself or you could lose your home.
What are closing costs? Closing costs are all costs required to close the real estate transaction. They can include (but are not limited to) surveying fees, property taxes, title insurance, attorney fees, agent fees, points, loan origination fees, primary mortgage insurance (PMI), and the balance of your down payment.Mellon Investor Services, LLC - They may be contacted at: Mellon Investor Services, LLC 480 Washington Blvd. Jersey City, New Jersey 07310 First Niagara Financial Group's ticker symbol is FNFG. Its stock is publicly traded on the NASDAQ stock exchange.The Mentor Financial Group, LLC affiliate program does have an Affiliate Agreement that all affiliates must review and accept when registering to participate in the program.
Why do I see a charge from Pinpoint Financial Group,LLC on my credit card statement? PinPoint Financial Group, LLC is the company that owns Monstertrades. All charges made by Monstertrades will show up on your statement under Pinpoint Financial Group.Yes, your money is safe. Randall Financial Group is a Registered Investment Advisor. However, Randall Financial Group never takes custody of your investments. You will never write us a check or hand any securities directly to us. All of our client assets are held at our custodian, Fidelity Investments.
Who is the transfer agent for First Niagara Financial Group, Inc.? Mellon Investor Services, LLC - They may be contacted at: Mellon Investor Services, LLC 480 Washington Blvd. Jersey City, New Jersey 07310 First Niagara Financial Group's ticker symbol is FNFG. Its stock is publicly traded on the NASDAQ stock exchange.Historical financial information for SFS Group can be found in the Archived Reports. For any other financial information, contact Antonis Mitilineos, Group Chief Accountant.
What is a closing? Closing, which is also known as "settlement" or "escrow," is the event where the title to a property is transferred from seller to buyer. Closing is typically held in an office, such as that of an attorney, title agent or title insurance company, and involves the completion of all the necessary paperwork to finalize the agreement between buyer and seller.The Western and Southern Life Insurance Company and Western-Southern Life Assurance Company are members of Western & Southern Financial Group (Western & Southern). Western & Southern is a dynamic family of diversified financial services companies that provide life insurance, retirement planning and investment products and services to help millions of consumers nationwide to plan and protect their futures.
Why do you need title insurance? A home is usually the largest single investment any of us will ever make. Title insurance protects against loss of value from hazards and defects that may exist in the title. These hazards include fraud, forged signatures on deeds, unknown property heirs, liens, and documentation errors. If you were uninsured and your right to title is challenged, you could lose significant money defending yourself or you could lose your home.
What are closing costs? Closing costs are all costs required to close the real estate transaction. They can include (but are not limited to) surveying fees, property taxes, title insurance, attorney fees, agent fees, points, loan origination fees, primary mortgage insurance (PMI), and the balance of your down payment.Mellon Investor Services, LLC - They may be contacted at: Mellon Investor Services, LLC 480 Washington Blvd. Jersey City, New Jersey 07310 First Niagara Financial Group's ticker symbol is FNFG. Its stock is publicly traded on the NASDAQ stock exchange.The Mentor Financial Group, LLC affiliate program does have an Affiliate Agreement that all affiliates must review and accept when registering to participate in the program.
Why do I see a charge from Pinpoint Financial Group,LLC on my credit card statement? PinPoint Financial Group, LLC is the company that owns Monstertrades. All charges made by Monstertrades will show up on your statement under Pinpoint Financial Group.Yes, your money is safe. Randall Financial Group is a Registered Investment Advisor. However, Randall Financial Group never takes custody of your investments. You will never write us a check or hand any securities directly to us. All of our client assets are held at our custodian, Fidelity Investments.
Who is the transfer agent for First Niagara Financial Group, Inc.? Mellon Investor Services, LLC - They may be contacted at: Mellon Investor Services, LLC 480 Washington Blvd. Jersey City, New Jersey 07310 First Niagara Financial Group's ticker symbol is FNFG. Its stock is publicly traded on the NASDAQ stock exchange.Historical financial information for SFS Group can be found in the Archived Reports. For any other financial information, contact Antonis Mitilineos, Group Chief Accountant.
What is a closing? Closing, which is also known as "settlement" or "escrow," is the event where the title to a property is transferred from seller to buyer. Closing is typically held in an office, such as that of an attorney, title agent or title insurance company, and involves the completion of all the necessary paperwork to finalize the agreement between buyer and seller.The Western and Southern Life Insurance Company and Western-Southern Life Assurance Company are members of Western & Southern Financial Group (Western & Southern). Western & Southern is a dynamic family of diversified financial services companies that provide life insurance, retirement planning and investment products and services to help millions of consumers nationwide to plan and protect their futures.
Sunday, October 28, 2012
Reducing Mortgage Closing Costs
Understanding mortgages requires a little bit of understanding in order to get the most out of them. There are a lot of terms to understand, like mortgage broker fees, mortgage points, loan origination fees, discount fees, buy down fees, and so on, but when they are learned, mortgages will be much easier to get into. One of the key terms, however, that must be really understood, is the mortgage closing costs.
There are five elements to understand and learn first, in order to know about mortgage closing costs. First is the loan amount, which starts the process of good faith estimates, which is used by lenders to disclose the mortgage closing costs. The 2nd is the value of the property or the price of the purchase, which is important especially for when buying a home or perhaps applying for a no cost refinance loan. The next is the interest rate, and lastly are the mortgage type and its length.
But even these five elements are not enough on their own. This is because mortgage closing costs vary as well. There are five key types: the lender and mortgage broker fees, the third party and attorney fees, the interest rate, the mortgage insurance, and the taxes and homeowners' insurance. These affects good faith estimates, so have to be understood properly in order to understand mortgages as a whole.
A good analogy would be a filled balloon. If a balloon is squeezed on one end, it will cause the other end to grow. This affect can be seen in mortgages. For example, if the mortgage interest is lowered, the mortgage fees may rise. And if the mortgage fees are lowered, the interest may be higher. Lowering or increasing these fees have specific pros and cons, so it is important to know which will be beneficial for you.
It is important that, once you are satisfied with the interest rate, to lock it in. This is because until the interest rate is locked, the mortgage closing costs may change.
There are five elements to understand and learn first, in order to know about mortgage closing costs. First is the loan amount, which starts the process of good faith estimates, which is used by lenders to disclose the mortgage closing costs. The 2nd is the value of the property or the price of the purchase, which is important especially for when buying a home or perhaps applying for a no cost refinance loan. The next is the interest rate, and lastly are the mortgage type and its length.
But even these five elements are not enough on their own. This is because mortgage closing costs vary as well. There are five key types: the lender and mortgage broker fees, the third party and attorney fees, the interest rate, the mortgage insurance, and the taxes and homeowners' insurance. These affects good faith estimates, so have to be understood properly in order to understand mortgages as a whole.
A good analogy would be a filled balloon. If a balloon is squeezed on one end, it will cause the other end to grow. This affect can be seen in mortgages. For example, if the mortgage interest is lowered, the mortgage fees may rise. And if the mortgage fees are lowered, the interest may be higher. Lowering or increasing these fees have specific pros and cons, so it is important to know which will be beneficial for you.
It is important that, once you are satisfied with the interest rate, to lock it in. This is because until the interest rate is locked, the mortgage closing costs may change.
Personal Injury Claims Command Big Headlines
Sometimes in America it seems as if the legal and economic systems are structured against the everyday citizen. Sure, you have various rights guaranteed in the Constitution and through different laws. Yet in order to have these rights defended means that you must be able to pay the fees necessary to have the kind of lawyers that will ensure your rights will be respected. For most people the cost of this kind of legal representation can be simply out of reach.
When someone has an accident that results from no fault of their own, this challenge becomes even more problematic as they need someone who can best represent their interests. Unfortunately these people are also struggling with various bills from the injury itself and trying to make ends meet. One way to ensure that your rights are respected is file a personal injury lawsuit against the party that caused the unfortunate situation. This will ensure that they do what is morally and legally correct under the law.
There have been numerous instances when someone has had an accident that has resulted in them being injured by no fault of their own. This has led to numerous awards to be given to the plaintiffs of these lawsuits. Some good examples include a $3.25 million dollar settlement for two garbage men who were hit by a commercial vehicle that ran a red light, and a $2.2 million settlement for a factory worker injured on a coil machine accident not long ago.
In spite of what may appear to be a justice system that favors the wealthy, you do have rights. To ensure that these rights are respected means that you must have a personal claims attorney that will stand up to big corporations and special interest groups to ensure that you receive what you are owed. This is because a personal injury lawyer works mainly on a contingency basis, meaning that they will not charge you any fees until there is some kind of monetary award. This ensures that you will receive the highest settlement with everything that you need to successfully put the incident behind you.
Because the attorney fees are dependent upon getting you the best deal possible means that they are willing to go the extra mile to ensure that your rights are respected. This will help you to receive the kind of settlement you need while ensuring that justice is served and the incident is not swept under the rug.
One such firm that can help all people receive the justice that they are being denied, is Gruber Law Offices LLC. They have over 25 years experience settling vast amounts of personal injury claims for a wide variety of clients. In fact, when calling their office you will discover that they have a unique policy called "the one call and that's all" policy. This means that when you call their office, just one time, you will receive the kind of professional legal representation you deserve without the headaches. Don't wait, receive the justice that you deserve.
When someone has an accident that results from no fault of their own, this challenge becomes even more problematic as they need someone who can best represent their interests. Unfortunately these people are also struggling with various bills from the injury itself and trying to make ends meet. One way to ensure that your rights are respected is file a personal injury lawsuit against the party that caused the unfortunate situation. This will ensure that they do what is morally and legally correct under the law.
There have been numerous instances when someone has had an accident that has resulted in them being injured by no fault of their own. This has led to numerous awards to be given to the plaintiffs of these lawsuits. Some good examples include a $3.25 million dollar settlement for two garbage men who were hit by a commercial vehicle that ran a red light, and a $2.2 million settlement for a factory worker injured on a coil machine accident not long ago.
In spite of what may appear to be a justice system that favors the wealthy, you do have rights. To ensure that these rights are respected means that you must have a personal claims attorney that will stand up to big corporations and special interest groups to ensure that you receive what you are owed. This is because a personal injury lawyer works mainly on a contingency basis, meaning that they will not charge you any fees until there is some kind of monetary award. This ensures that you will receive the highest settlement with everything that you need to successfully put the incident behind you.
Because the attorney fees are dependent upon getting you the best deal possible means that they are willing to go the extra mile to ensure that your rights are respected. This will help you to receive the kind of settlement you need while ensuring that justice is served and the incident is not swept under the rug.
One such firm that can help all people receive the justice that they are being denied, is Gruber Law Offices LLC. They have over 25 years experience settling vast amounts of personal injury claims for a wide variety of clients. In fact, when calling their office you will discover that they have a unique policy called "the one call and that's all" policy. This means that when you call their office, just one time, you will receive the kind of professional legal representation you deserve without the headaches. Don't wait, receive the justice that you deserve.
Location Drives Concerns About Eminent Domain
When the government takes property for expanding roads, property owners must know their legal rights. Why should convenience store owners take particular note? Location. Because most convenience stores are located along high-traffic roads, they are often subject to road-widening projects that result in eminent domain takings. Because of this risk, convenience store owners must know their eminent domain rights to ensure they receive full compensation.
The Triggering Effect
When you think of "eminent domain" you probably think of the government taking all of your property. However, most eminent domain cases involving convenience stores are "partial takings," with the government taking only a portion of your property, such as a strip taking or destroying a driveway. In such instances, the government's taking could significantly affect access, parking space availability or internal traffic flow.
Convenience stores profit from being convenient. The ease with which customers can enter, maneuver within and exit your property is crucial to your success. For example, suppose the government takes a small section of your property that limits access to your gasoline pumps. This seemingly small inconvenience results in you losing moneynot only gas pump sales but also convenience store sales from gas customers. This is a triggering effect, where a small taking triggers substantial damages to your business.
The Government Versus Local Ordinances
Convenience store owners are taking a gamble if they accept the government's initial purchase offer. The government's first offer is typically low because the government rarely knows how your business operates. Therefore, it is important to have an eminent domain attorney evaluate your case. Eminent domain attorneys work with the owners, appraisers, market researchers, engineers, land planners and certified public accountants to comprehensively assess the damage to a business from the taking. Having experts on your side will also ensure that if there is a taking, proposed modifications to the property comply with local government regulations. This is important because the U.S. Department of Transportation (DOT) cannot dictate or control local government. Often, a taking authority assumes that a city-required setback or landscape buffer can be waived. For example, the DOT may premise its offer on the implementation of a five-foot landscape buffer, when in reality the city requires 10 feet. When the 10-foot buffer is applied, it causes a loss of two additional parking spaces, which substantially increases the damage to your business. If an owner accepts the DOT offer without checking, the DOT will close the case and leave you to resolve the noncompliance issues with the city.
Partial Taking, Significant Effect
States vary on whether they pay expert's and attorney's fees in eminent domain cases. Regardless, it is worth having experts evaluate a taking's impact to your property. Consider a case in Vero Beach, Florida, involving the Best Car Wash on U.S. Route 1. Due to a road widening, the Florida Department of Transportation (FDOT) took a small strip along the front of the property, offering the owners $76,000 in compensation.
Even though only a small strip of land was taken, the taking substantially affected the car wash. After the taking, large cars could not turn out of the main carwash bay and access the convenience store. The FOOT believed the owners could obtain a variance from city setback requirements so there would be more room to make the turn. However, under the city code, the owners had no legal basis to obtain a variance. After the issue was brought to light, FDOT decided to provide an additional driveway to avoid paying $1 million in damages because the carwash could not operate as FDOT planned. The owners chose the additional driveway over the money because it allowed them to stay in business.
Window of Opportunity
Evaluating eminent domain cases is important because a convenience store owner has only one chance to capture the damages from the taking. When an owner settles, it is a done deal even if the owner later realizes the damage is worse than originally thought. It is important to identify an eminent domain attorney so you will be ready if faced with a government taking. By knowing your eminent domain rights, you can ensure you obtain full compensation under the law.
The Triggering Effect
When you think of "eminent domain" you probably think of the government taking all of your property. However, most eminent domain cases involving convenience stores are "partial takings," with the government taking only a portion of your property, such as a strip taking or destroying a driveway. In such instances, the government's taking could significantly affect access, parking space availability or internal traffic flow.
Convenience stores profit from being convenient. The ease with which customers can enter, maneuver within and exit your property is crucial to your success. For example, suppose the government takes a small section of your property that limits access to your gasoline pumps. This seemingly small inconvenience results in you losing moneynot only gas pump sales but also convenience store sales from gas customers. This is a triggering effect, where a small taking triggers substantial damages to your business.
The Government Versus Local Ordinances
Convenience store owners are taking a gamble if they accept the government's initial purchase offer. The government's first offer is typically low because the government rarely knows how your business operates. Therefore, it is important to have an eminent domain attorney evaluate your case. Eminent domain attorneys work with the owners, appraisers, market researchers, engineers, land planners and certified public accountants to comprehensively assess the damage to a business from the taking. Having experts on your side will also ensure that if there is a taking, proposed modifications to the property comply with local government regulations. This is important because the U.S. Department of Transportation (DOT) cannot dictate or control local government. Often, a taking authority assumes that a city-required setback or landscape buffer can be waived. For example, the DOT may premise its offer on the implementation of a five-foot landscape buffer, when in reality the city requires 10 feet. When the 10-foot buffer is applied, it causes a loss of two additional parking spaces, which substantially increases the damage to your business. If an owner accepts the DOT offer without checking, the DOT will close the case and leave you to resolve the noncompliance issues with the city.
Partial Taking, Significant Effect
States vary on whether they pay expert's and attorney's fees in eminent domain cases. Regardless, it is worth having experts evaluate a taking's impact to your property. Consider a case in Vero Beach, Florida, involving the Best Car Wash on U.S. Route 1. Due to a road widening, the Florida Department of Transportation (FDOT) took a small strip along the front of the property, offering the owners $76,000 in compensation.
Even though only a small strip of land was taken, the taking substantially affected the car wash. After the taking, large cars could not turn out of the main carwash bay and access the convenience store. The FOOT believed the owners could obtain a variance from city setback requirements so there would be more room to make the turn. However, under the city code, the owners had no legal basis to obtain a variance. After the issue was brought to light, FDOT decided to provide an additional driveway to avoid paying $1 million in damages because the carwash could not operate as FDOT planned. The owners chose the additional driveway over the money because it allowed them to stay in business.
Window of Opportunity
Evaluating eminent domain cases is important because a convenience store owner has only one chance to capture the damages from the taking. When an owner settles, it is a done deal even if the owner later realizes the damage is worse than originally thought. It is important to identify an eminent domain attorney so you will be ready if faced with a government taking. By knowing your eminent domain rights, you can ensure you obtain full compensation under the law.
Saturday, October 27, 2012
Hiring A Bankruptcy Lawyer - How Much Does It Cost
Hiring A Bankruptcy Lawyer - How Much Does It Cost
Anyone in a position where hiring a bankruptcy lawyer is a real possibility is probably going to be concerned about the cost. Ask any attorney in the field and you'll probably hear that this is the most common question they get. How much does it cost? The problem here is that this isn't a simple question to answer. There are many facets to a debt discharge case. If this is your first time down this road, it's forgivable for you to think that fussing over attorney fees is a priority. Here's why you might be asking the wrong question.
Every Case is Different
You probably realize this intellectually, but you may still believe a bankruptcy lawyer does little more than move through a prescribed checklist for each case, filling out forms, and then moving on to the next moneymaker. This is far from the case. If this were true, there would be almost no reason to hire an attorney in the first place and all of those experts saying you should would be lying. They aren't. The reason you hire legal counsel is because the path is fraught with complication and ample opportunity for mistakes to be made. If you're going through this process, you want it done right.
The Question Isn't Specific
You wouldn't ask a doctor how much surgery costs. The question barely makes any sense. The first question is going to be, "which surgery?" but even when you answer that, they are not going to be able to give you a price until they have a lot more information. Now imagine asking that question not of a doctor, but just in general. How much is surgery? It's absurd. This is more or less equivalent to asking how much it costs to hire a bankruptcy lawyer. Until you can schedule an initial consultation with someone in your area, pound out the facts and get them to understand where you're coming from, estimating the cost is going to be impossible.
Does it Matter?
Think about this for a moment. Someone very trustworthy tells you they have a foolproof investment. You give them $1000 and you are guaranteed to get $15,000 in return. Putting aside thoughts of skepticism, take the offer at face value. The person offering you the deal is incapable of lying. Would you invest the money or would you balk at the $1000 price tag? Of course you would invest. This is what you're doing when you hire a bankruptcy lawyer. If you're $100,000 in debt, are you going to balk at the $3,000 price tag to get out from under it? Of course not. Keep the larger picture in mind when evaluating the cost of hiring an attorney.
Anyone in a position where hiring a bankruptcy lawyer is a real possibility is probably going to be concerned about the cost. Ask any attorney in the field and you'll probably hear that this is the most common question they get. How much does it cost? The problem here is that this isn't a simple question to answer. There are many facets to a debt discharge case. If this is your first time down this road, it's forgivable for you to think that fussing over attorney fees is a priority. Here's why you might be asking the wrong question.
Every Case is Different
You probably realize this intellectually, but you may still believe a bankruptcy lawyer does little more than move through a prescribed checklist for each case, filling out forms, and then moving on to the next moneymaker. This is far from the case. If this were true, there would be almost no reason to hire an attorney in the first place and all of those experts saying you should would be lying. They aren't. The reason you hire legal counsel is because the path is fraught with complication and ample opportunity for mistakes to be made. If you're going through this process, you want it done right.
The Question Isn't Specific
You wouldn't ask a doctor how much surgery costs. The question barely makes any sense. The first question is going to be, "which surgery?" but even when you answer that, they are not going to be able to give you a price until they have a lot more information. Now imagine asking that question not of a doctor, but just in general. How much is surgery? It's absurd. This is more or less equivalent to asking how much it costs to hire a bankruptcy lawyer. Until you can schedule an initial consultation with someone in your area, pound out the facts and get them to understand where you're coming from, estimating the cost is going to be impossible.
Does it Matter?
Think about this for a moment. Someone very trustworthy tells you they have a foolproof investment. You give them $1000 and you are guaranteed to get $15,000 in return. Putting aside thoughts of skepticism, take the offer at face value. The person offering you the deal is incapable of lying. Would you invest the money or would you balk at the $1000 price tag? Of course you would invest. This is what you're doing when you hire a bankruptcy lawyer. If you're $100,000 in debt, are you going to balk at the $3,000 price tag to get out from under it? Of course not. Keep the larger picture in mind when evaluating the cost of hiring an attorney.
Hernia Mesh Lawsuit Information
Hundreds of thousands of people are affected by hernias every year. One of the most common medical interventions for these conditions is surgery. The hernia mesh patch recall affects specific lots of patches manufactured by the Davol company that were shown to pose serious risks to those who were implanted with them. These hernia patches were designed by Dr. Robert Kugel and were intended to lend strength to compromised tissues of the abdominal wall after surgery. Unfortunately, there are potentially serious hernia mesh complications associated with these devices for some patients. Some of them include very serious internal injuries.
Known Hernia Mesh Complications
The hernia mesh patch recall was issued in 2005, after it was discovered that these patches may cause serious complications. Among those complications was the risk of hernia mesh infection. There is a plastic ring on these devices that was found to be prone to breakage. The ring was used to hold the mesh in place. When the ring breaks, it brings a sharp edge into close proximity with the fragile tissue of the intestines. Another of the Kugel mesh complications associated with this is the creation of unnatural passages between the intestines, which can lead to still further problems for those who have these devices installed.
There are approximately 78,000 devices distributed that fall under the Kugel mesh recall action. These were installed during hernia surgeries. You should have received notice if a device you received was part of the hernia mesh recall. If not, you may want to consult with a doctor, especially if your device was installed before December of 2005, the date that Davol started the hernia mesh patch recall.
The Kugel Mesh Lawsuit and Your Options
There is a multi-district litigation for Kugel mesh lawsuits being held in Rhode Island. If you were implanted with one of these devices, you may be eligible to participate in this lawsuit. You may also be able to seek a Kugel mesh settlement. An attorney can let you know for sure. The first thing you need to do, however, is to find out whether or not youre at risk due to having one of the patches implanted during hernia repair surgery.
Dealing with Kugel Mesh Complications
If you show any of the symptoms of hernia mesh complications, the first thing you need to do is to visit your doctor. Some of the potential outcomes, such as hernia mesh infection, can be potentially life-threatening conditions. You also need to ask your doctor to see what patches were used during your operation and whether or not that device is subject to the hernia mesh recall. If so, you should then contact a lawyer. Attorney fee retianers will not be an issue if you work with a lawyer who will pursue your Kugel mesh lawsuit under a contingency arrangement. In these arrangements, the attorney collects a fee only if you win your case and, therefore, you pay nothing if you lose. A consultation regarding the hernia mesh patch recall can oftentimes be arranged at no charge from the attorney.
Known Hernia Mesh Complications
The hernia mesh patch recall was issued in 2005, after it was discovered that these patches may cause serious complications. Among those complications was the risk of hernia mesh infection. There is a plastic ring on these devices that was found to be prone to breakage. The ring was used to hold the mesh in place. When the ring breaks, it brings a sharp edge into close proximity with the fragile tissue of the intestines. Another of the Kugel mesh complications associated with this is the creation of unnatural passages between the intestines, which can lead to still further problems for those who have these devices installed.
There are approximately 78,000 devices distributed that fall under the Kugel mesh recall action. These were installed during hernia surgeries. You should have received notice if a device you received was part of the hernia mesh recall. If not, you may want to consult with a doctor, especially if your device was installed before December of 2005, the date that Davol started the hernia mesh patch recall.
The Kugel Mesh Lawsuit and Your Options
There is a multi-district litigation for Kugel mesh lawsuits being held in Rhode Island. If you were implanted with one of these devices, you may be eligible to participate in this lawsuit. You may also be able to seek a Kugel mesh settlement. An attorney can let you know for sure. The first thing you need to do, however, is to find out whether or not youre at risk due to having one of the patches implanted during hernia repair surgery.
Dealing with Kugel Mesh Complications
If you show any of the symptoms of hernia mesh complications, the first thing you need to do is to visit your doctor. Some of the potential outcomes, such as hernia mesh infection, can be potentially life-threatening conditions. You also need to ask your doctor to see what patches were used during your operation and whether or not that device is subject to the hernia mesh recall. If so, you should then contact a lawyer. Attorney fee retianers will not be an issue if you work with a lawyer who will pursue your Kugel mesh lawsuit under a contingency arrangement. In these arrangements, the attorney collects a fee only if you win your case and, therefore, you pay nothing if you lose. A consultation regarding the hernia mesh patch recall can oftentimes be arranged at no charge from the attorney.
Friday, October 26, 2012
How To Use A Good Faith Estimate When Shopping For
How To Use A Good Faith Estimate When Shopping For A Mortgage
When shopping for a loan many people focus on the interest rate or the APR. This is indeed a very important part of the loan. But only by comparing the Good Faith Estimate provided by a lender can you determine if they are really giving you a good deal or if they are trying to take you for a ride around the block. This article shows how to use the Good Faith Estimate to scrutinize and compare lenders and get the best loan.
Within three days after applying for a loan the lender must provide you in person or in the mail a completed Good Faith Estimate. This is a form that represents an estimate of the fees and costs of necessary items to successfully process and close your mortgage loan. These items include points and other fees. This is a long form that is divided into six different categories. These categories are numbered 800, 900, 1000, 1100, 1200, and 1300. The real key to understanding if you are getting a good deal is to focus on the section that relates directly to the lender.
Sections 900 through 1300 all relate to third party charges and the lender has no control over these. These sections may include items such as appraisal, insurance, impounds, recording fees, transfer fees, title charges, attorney fees, inspection fees and settlement fees. Now you may notice that these fees vary between lenders. This is because the lender is the one that prepares the Good Faith Estimate and prints it for you. The lender puts estimates here based on what these items typically cost. They have no control over items in these sections so disregard comparing these when comparing lenders. These can all be categorized as non lender costs and fees. Although some lenders may try to trick you by giving low figures for the third party fees to make their Good Faith Estimate look better. By doing this their total closing costs and fees may look much lower on paper. Make sure the third party charges look reasonable. You can always call third parties and inquire about what the usual charges are to check this.
Basically section 800 includes all the items associated with the lender. These are the charges and fees that relate directly to the loan and here is where to compare lenders. This is where you should really focus and review items to make comparisons. This section may include administration fees, application fees, document preparation fees, funding fees, mortgage broker fees, processing fees, underwriting fees, wire transfer fees and any other garbage or junk fees that a lender might be charging. This is where they can really add on the extra padding.
With the ability to add on many types of fees it is crucial to look at everything and not just focus on the interest rate. Unfortunately, loans have several different parts. These can be altered to make one part look more attractive if necessary. A lender can make any part of the loan attractive if they feel that is what is really important to you. For example, one lender may offer a $300,000 loan a half point lower but may have $3,000 or one point worth of fees added in the Good Faith Estimate. So be sure to look at the total picture to really see which lender has the best offer for you and also make sure they have accurately quoted third party fees. Remember, by lowering third party fees it will make their Good Faith Estimate look better on paper. Also, be sure to compare the loan interest rate and the lender charges together to see which is really the best deal. Remember, it never hurts to ask a lender if they will reduce or eliminate charges if you feel they are too high.
When shopping for a loan many people focus on the interest rate or the APR. This is indeed a very important part of the loan. But only by comparing the Good Faith Estimate provided by a lender can you determine if they are really giving you a good deal or if they are trying to take you for a ride around the block. This article shows how to use the Good Faith Estimate to scrutinize and compare lenders and get the best loan.
Within three days after applying for a loan the lender must provide you in person or in the mail a completed Good Faith Estimate. This is a form that represents an estimate of the fees and costs of necessary items to successfully process and close your mortgage loan. These items include points and other fees. This is a long form that is divided into six different categories. These categories are numbered 800, 900, 1000, 1100, 1200, and 1300. The real key to understanding if you are getting a good deal is to focus on the section that relates directly to the lender.
Sections 900 through 1300 all relate to third party charges and the lender has no control over these. These sections may include items such as appraisal, insurance, impounds, recording fees, transfer fees, title charges, attorney fees, inspection fees and settlement fees. Now you may notice that these fees vary between lenders. This is because the lender is the one that prepares the Good Faith Estimate and prints it for you. The lender puts estimates here based on what these items typically cost. They have no control over items in these sections so disregard comparing these when comparing lenders. These can all be categorized as non lender costs and fees. Although some lenders may try to trick you by giving low figures for the third party fees to make their Good Faith Estimate look better. By doing this their total closing costs and fees may look much lower on paper. Make sure the third party charges look reasonable. You can always call third parties and inquire about what the usual charges are to check this.
Basically section 800 includes all the items associated with the lender. These are the charges and fees that relate directly to the loan and here is where to compare lenders. This is where you should really focus and review items to make comparisons. This section may include administration fees, application fees, document preparation fees, funding fees, mortgage broker fees, processing fees, underwriting fees, wire transfer fees and any other garbage or junk fees that a lender might be charging. This is where they can really add on the extra padding.
With the ability to add on many types of fees it is crucial to look at everything and not just focus on the interest rate. Unfortunately, loans have several different parts. These can be altered to make one part look more attractive if necessary. A lender can make any part of the loan attractive if they feel that is what is really important to you. For example, one lender may offer a $300,000 loan a half point lower but may have $3,000 or one point worth of fees added in the Good Faith Estimate. So be sure to look at the total picture to really see which lender has the best offer for you and also make sure they have accurately quoted third party fees. Remember, by lowering third party fees it will make their Good Faith Estimate look better on paper. Also, be sure to compare the loan interest rate and the lender charges together to see which is really the best deal. Remember, it never hurts to ask a lender if they will reduce or eliminate charges if you feel they are too high.
Attorney Fees - Part 4 - Other Legal Fees
This is Part 4 of this 4-part article. Please refer to the other 3 parts to read this article in full.
In addition to your attorney fees, you may be required to pay some or all of these extra expenses or otherwise referred to as legal fees:
- Filing fees,
- Per page or flat fee for word processing, photocopying and fax,
- Secretarial time,
- Overtime,
- Telephone charges,
- Courier, postage, and overnight delivery charges,
- Reporter charges for recording testimony and providing a written script of the same,
- Court fees and other court costs,
- Lawyer travel expanses, including gasoline, mileage, parking fees, meals, airfare and lodging,
- Expert and consultant fees,
- Investigator fees,
- Jury fees and mileage fees (set by law) if you request a jury for your case. These expenses must be paid in advance,
- Service fees for people who locate witnesses and other parties involved in the case and deliver legal papers to them,
- Witness fees and mileage charges for people who testify at depositions and trials. These amounts are set by law. You also may need to pay travel expenses if a witness must be brought in from far away,
- Other fees related to your case.
Make sure that you're not taken by surprise with any hidden costs or expenses. It would be wise to discuss them with your potential lawyer before you actually hire him or her. Also, you need to find out if you are going to be responsible for paying these costs directly as they arise or if you are going to have to reimburse your lawyer for these expenses that he or she may pay on your behalf. It would be in your best interest to ask for a written estimate of all anticipated additional costs. You can also determine a certain dollar amount and tell your lawyer that costs over that amount have to be approved by you in advance.
Your Legal Bill
Unless your case is under a contingency fee agreement, your lawyer would probably bill you monthly unless agreed upon otherwise between the two of you. As mentioned before, if you're paying your lawyer hourly, you may want to establish a cap or a limit at which your lawyer needs to get your permission before spending more.
When you receive your legal bill, you need to take your time going over it. You do have the right to get itemized bills that would show you how your lawyer has spent his or her time on your case. The bill needs to show your lawyer's fees and expenses with an appropriate explanation for each. For instance, if you've been charged 6 hours for a research time, your bill needs to spell out what exactly was being researched. If it doesn't, you need to ask your lawyer for specifics. If something seems suspicious, don't automatically accuse your attorney. Just give him or her a call and ask for an explanation. Even if it was a justified charge, this will let your lawyer know that you're paying a very close attention, which is totally within your rights.
You can get on a fee payment schedule. This is a monthly payment plan which allows you to pay an expected sum every month on the balance of your bill. But, be careful with this. In general the attorney would charge interest on the remaining balance. And that's more money out of your pocket. Many attorneys will arrange a fee payment schedule after they have received a retainer from the client.
And last but not least, lawyers are just humans as we all are. All humans make mistakes every now and then - lawyers too. Don't be afraid to pull out your calculator and check the math on your bill. If you find that the numbers are not adding up, simply bring it to your lawyer's attention. Anytime you think your lawyer's bill contains an error or something that you don't agree with, contact your lawyer immediately and try to resolve the discrepancy.
Not Being Able to Pay the Bill
If you cannot afford paying your lawyer's bill, contact your lawyer immediately (don't wait) to see if you can make any payment arrangements. You could ask your lawyer to postpone work temporarily until you can pay the bill. However, if you cannot reach an agreement, your lawyer may be entitled to stop working on your case. In some cases, your lawyer may acquire a lien on your house or property to secure their fee. So, it is recommended for you to come up with a plan on finding the funds necessary to pay your attorney.
Reducing Your Legal Costs
Time is money when it comes to legal fees. By answering your lawyer's questions fully and honestly, you will save time and also help your lawyer do a better job. Regardless of how embarrassing or how uncomfortable your answer is, by not providing your lawyer all of the needed facts, he or she would need to spend more time figuring out those details, which will cost you more money. Remember that the ethics of the profession bind your lawyer to maintain in the strictest confidence almost anything you reveal during your private discussions. So, by providing your lawyer all of the needed information, you will save a lot of time, which on the other hand will reduce your legal costs.
Also, offer your time. Let your lawyer know that you are willing to help out, such as picking up or delivering documents, making phone calls, faxing documents and such. Instead of paying for an overpriced hourly rate for someone else to do it, by you doing some everyday general tasks, you can reduce your legal costs tremendously.
Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.
In addition to your attorney fees, you may be required to pay some or all of these extra expenses or otherwise referred to as legal fees:
- Filing fees,
- Per page or flat fee for word processing, photocopying and fax,
- Secretarial time,
- Overtime,
- Telephone charges,
- Courier, postage, and overnight delivery charges,
- Reporter charges for recording testimony and providing a written script of the same,
- Court fees and other court costs,
- Lawyer travel expanses, including gasoline, mileage, parking fees, meals, airfare and lodging,
- Expert and consultant fees,
- Investigator fees,
- Jury fees and mileage fees (set by law) if you request a jury for your case. These expenses must be paid in advance,
- Service fees for people who locate witnesses and other parties involved in the case and deliver legal papers to them,
- Witness fees and mileage charges for people who testify at depositions and trials. These amounts are set by law. You also may need to pay travel expenses if a witness must be brought in from far away,
- Other fees related to your case.
Make sure that you're not taken by surprise with any hidden costs or expenses. It would be wise to discuss them with your potential lawyer before you actually hire him or her. Also, you need to find out if you are going to be responsible for paying these costs directly as they arise or if you are going to have to reimburse your lawyer for these expenses that he or she may pay on your behalf. It would be in your best interest to ask for a written estimate of all anticipated additional costs. You can also determine a certain dollar amount and tell your lawyer that costs over that amount have to be approved by you in advance.
Your Legal Bill
Unless your case is under a contingency fee agreement, your lawyer would probably bill you monthly unless agreed upon otherwise between the two of you. As mentioned before, if you're paying your lawyer hourly, you may want to establish a cap or a limit at which your lawyer needs to get your permission before spending more.
When you receive your legal bill, you need to take your time going over it. You do have the right to get itemized bills that would show you how your lawyer has spent his or her time on your case. The bill needs to show your lawyer's fees and expenses with an appropriate explanation for each. For instance, if you've been charged 6 hours for a research time, your bill needs to spell out what exactly was being researched. If it doesn't, you need to ask your lawyer for specifics. If something seems suspicious, don't automatically accuse your attorney. Just give him or her a call and ask for an explanation. Even if it was a justified charge, this will let your lawyer know that you're paying a very close attention, which is totally within your rights.
You can get on a fee payment schedule. This is a monthly payment plan which allows you to pay an expected sum every month on the balance of your bill. But, be careful with this. In general the attorney would charge interest on the remaining balance. And that's more money out of your pocket. Many attorneys will arrange a fee payment schedule after they have received a retainer from the client.
And last but not least, lawyers are just humans as we all are. All humans make mistakes every now and then - lawyers too. Don't be afraid to pull out your calculator and check the math on your bill. If you find that the numbers are not adding up, simply bring it to your lawyer's attention. Anytime you think your lawyer's bill contains an error or something that you don't agree with, contact your lawyer immediately and try to resolve the discrepancy.
Not Being Able to Pay the Bill
If you cannot afford paying your lawyer's bill, contact your lawyer immediately (don't wait) to see if you can make any payment arrangements. You could ask your lawyer to postpone work temporarily until you can pay the bill. However, if you cannot reach an agreement, your lawyer may be entitled to stop working on your case. In some cases, your lawyer may acquire a lien on your house or property to secure their fee. So, it is recommended for you to come up with a plan on finding the funds necessary to pay your attorney.
Reducing Your Legal Costs
Time is money when it comes to legal fees. By answering your lawyer's questions fully and honestly, you will save time and also help your lawyer do a better job. Regardless of how embarrassing or how uncomfortable your answer is, by not providing your lawyer all of the needed facts, he or she would need to spend more time figuring out those details, which will cost you more money. Remember that the ethics of the profession bind your lawyer to maintain in the strictest confidence almost anything you reveal during your private discussions. So, by providing your lawyer all of the needed information, you will save a lot of time, which on the other hand will reduce your legal costs.
Also, offer your time. Let your lawyer know that you are willing to help out, such as picking up or delivering documents, making phone calls, faxing documents and such. Instead of paying for an overpriced hourly rate for someone else to do it, by you doing some everyday general tasks, you can reduce your legal costs tremendously.
Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.
Thursday, October 25, 2012
Refinance Your Home Loan And Get Extra Cash
Refinance Mortgage Explained
When you decide to refinance a mortgage you'll be canceling a previous loan with the money amount obtained from a second loan. Unless of course your motive is that you are not being able to meet the monthly payments you should make sure that the new loan has overall better conditions than the previous one.
Refinance Advantages
The first thing to consider is the interest rate. You may be able to obtain a refinance with a lower interest rate because market conditions have improved or because your credit and financial situation have improved. Either way, pay special attention to other costs as you may be paying as much in extra fees as what you can save by reduced interests.
If your current mortgage interest rate is variable you may want to refinance your home loan and obtain a fixed interest rate, this will give your monthly payments certainty so you don't have to worry about sudden increases on your expenses. Fixed rates tend to be a bit higher but the peace of mind that they imply is well worth the small difference.
You can also get a cash-out refinance, you'll be refinancing for a higher amount than the amount owed so you'll end up with extra cash for home improvements, buying a car, going on vacations or any other purpose you may think of. Just make sure that you are able to meet the monthly payments. Given that your new debt will be higher, your monthly payments will probably be higher too, unless of course you get a longer repayment program too.
Cash requirements
Bear in mind that there are certain expenses that must be paid separately, like attorney fees, closing fees, etc. However, if you don't have the cash available, you can opt to charge this amounts to the loan principal, thus avoiding the need to find the money in order to close the deal.
How long does it take?
The refinance process is usually completed in a reasonable amount of time. A length ranging from ten days up to a month can be considered acceptable. If you are short on time, make sure to push for a quick closing when you talk about the loan conditions with the lenders as the time they can take is rather flexible. However, if you are not in a rush, you'll better take your time to request quotes from many lenders and compare rates and other conditions in order to get the best deal available for you.
When you decide to refinance a mortgage you'll be canceling a previous loan with the money amount obtained from a second loan. Unless of course your motive is that you are not being able to meet the monthly payments you should make sure that the new loan has overall better conditions than the previous one.
Refinance Advantages
The first thing to consider is the interest rate. You may be able to obtain a refinance with a lower interest rate because market conditions have improved or because your credit and financial situation have improved. Either way, pay special attention to other costs as you may be paying as much in extra fees as what you can save by reduced interests.
If your current mortgage interest rate is variable you may want to refinance your home loan and obtain a fixed interest rate, this will give your monthly payments certainty so you don't have to worry about sudden increases on your expenses. Fixed rates tend to be a bit higher but the peace of mind that they imply is well worth the small difference.
You can also get a cash-out refinance, you'll be refinancing for a higher amount than the amount owed so you'll end up with extra cash for home improvements, buying a car, going on vacations or any other purpose you may think of. Just make sure that you are able to meet the monthly payments. Given that your new debt will be higher, your monthly payments will probably be higher too, unless of course you get a longer repayment program too.
Cash requirements
Bear in mind that there are certain expenses that must be paid separately, like attorney fees, closing fees, etc. However, if you don't have the cash available, you can opt to charge this amounts to the loan principal, thus avoiding the need to find the money in order to close the deal.
How long does it take?
The refinance process is usually completed in a reasonable amount of time. A length ranging from ten days up to a month can be considered acceptable. If you are short on time, make sure to push for a quick closing when you talk about the loan conditions with the lenders as the time they can take is rather flexible. However, if you are not in a rush, you'll better take your time to request quotes from many lenders and compare rates and other conditions in order to get the best deal available for you.
In A Condemnation Proceeding, You Can Recover Legal And Expert
In A Condemnation Proceeding, You Can Recover Legal And Expert Fees
A condemnee who is successful in obtaining a condemnation award substantially above the amount originally offered can now generally recover all or most of its legal and expert witness costs. New York State struggled for many years before resolving the conundrum of providing just compensation for property taken by the State and its municipalities while functioning within the American legal system where a litigant generally must absorb all or practically all of its legal and expert fees.
A property owner awarded the full market value of its condemned property by a court quite obviously does not receive the "just compensation" guaranteed by the Fifth Amendment to the U.S. Constitution and Article 1, 7 of the New York State Constitution if it is still out of pocket for substantial attorney, appraisal and engineering fees. Nevertheless, the Court of Appeals has held, in Hakes v. State, 81 NY2d 392, 398, 599 NYS2d 498, 501 (1993), that recovery of fees and costs is not a constitutional right:
"While condemnees are undoubtedly entitled under the State and Federal Constitutions to just compensation for property taken by the State, they received such compensation in the awards based on property value. The fees and costs allowed under [Eminent Domain Procedure Law] 701 are not an automatic part of such compensation. To the contrary, we have long held that attorney fees and additional costs are `mere incidences of litigation' and are not embraced in the constitutional right (City of Buffalo v. Clement Co., 28 NY2d 241, 262-264, 321 - NYSM 345). The Legislature's determination to allow such fees and costs - in the discretion of the court - does not establish a new entitlement but merely allows a court in condemnation cases to ameliorate the condemnee's costs in cases it considers appropriate."
Historically, New York State has attempted to "ameliorate" the condemnee's litigation costs at least as far back as 1890 when the General Condemnation Law and Grade Crossing Law were first enacted. Those laws gave courts discretion to grant an additional allowance of costs, not exceeding 5 percent, upon the amount awarded for damages. While far from adequate, the purpose of this allowance was that:
A person or corporation, whose property is sought to be taken under condemnation proceedings, is entitled to be heard at every step in the process, and in justice should be compensated not only for the land or property taken, but should be indemnified against all costs and expenses reasonably incurred, either in resisting the appropriation or in the proceedings for ascertaining the compensation to be made. Matter of Brooklyn v. Long Island Water Supply Co., 148 NY 107 (1895).
Even this statement of fairness did not apply to all costs and all condemnations. Expert and legal fees were not recoverable under either the 1890 statutes or under recovery of cost provisions in the civil procedure laws. Claimants in municipalities that took property under special laws were not entitled to even this small allowance until 1970 when the Fourth Department in City of Buffalo v.J W Clement Co., 34 AD2d 24, 36, 311 NYS2d 98, 111, (4th Dept. 1970) mod. on other grounds, 28 NY2d 241, 321 NYS2d 345 (1971.), held1
"The Buffalo Charter results in unequal and unjust treatment of those owners in Buffalo whose property is condemned by the City as distinguished from those owners whose property is otherwise condemned... Hence the Buffalo Charter must be held unconstitutional insofar as it deprives Clement of equal treatment under the law, that is, with respect to an extra allowance for costs...."
Additional Allowance
An effort to expand the concept of additional allowance was made as part of the 1977 recodification of condemnation law into the Eminent Domain Procedure Law (EDPL). EDPL 701 granted an additional allowance of up to 10 percent of the award, not to exceed $10,000, in instances where the award was at least 200 percent of the condemnor's proof and the court was satisfied that the condemnee had borne extraordinary expenses for expert witness fees.
EDPL 701 was amended in 1987 to provide for the following far more applicable and generous "additional allowance" geared to "just and adequate compensation:"
"In instances where the order or award is substantially in excess of the amount of the condemnor's proof and where deemed necessary by the court for the condemnee to achieve just and adequate compensation, the court, upon application, notice and an opportunity for hearing, may in its discretion, award to the condemnee an addition-al amount, separately computed and stated, for actual and necessary costs, disbursements and expenses, including reasonable attorney, appraiser and engineer fees actually incurred by such condemnee...."
The purpose of this amendment was to even the playing field so as to permit a condemnee to refuse a low offer and have a fair, chance to recover the costs of pressing its claim for a more just amount of compensation. This purpose was set forth by General Crushed Stone Company v. State of New York, 93 NY2d 23, 27, 686 NYS2d 754, 755 (1999), where the Court of Appeals held2
"The current section also reflects a 1987 amendment that expanded the types of fees and costs recoverable. Instead of being able to recover only "extraordinary expenses for expert witnesses fees beyond the expense for the preparation of an expert witness' appraisal report" in certain limited circumstances, a condemnee now may recover a wider array of litigation costs, including attorney, appraiser and engineering fees.... Moreover, the purpose of the amendment was to ease the "strict limits on recoverable costs" so that a condemnee would not be forced "to accept a condemnor's offer even if he or she believes that it does not constitute just compensation" (see, Governor's Approval Mem., Bill Jacket, L. 1987, ch. 771, 1, reprinted in 1987 McKinney's Session Laws of N.Y., at 2724). While this Court and the United States Supreme Court have both determined that reimbursement of litigation expenses does not fall within the constitutional right of just compensation for a taking, this fact cannot undercut the Legislature's clear statutory directive that "just and adequate compensation" cannot be achieved where the ultimate award is significantly impaired by costs necessary to demonstrate that the condemnor's offer was substantially lower than it should have been [citations omitted]. Allowances under section 701 merely provide a means of mitigating the financial damage wrought by the condemnor's low, original offer."
The twofold requirements that (1) an award is substantially in excess of the condemnor's proof - which has been held to mean the condemnor's original offer - and (2) claimant's expenses must have been incurred to achieve just and adequate compensation, must both be met. First Bank & Trust Co. of Corning v. State, 184 AD2d 1034, 585 NYS2d 261 (4th Dept. 1992), aff'd, 81 NY2d 392, 599 NYS2d 498 (1993) (Although award was 294 percent of State's initial offer, claimant's expenses were incurred to present unsuccessful claim for consequential damages to nonappropriated property.).
The "substantially in excess" requirement has been judicially interpreted in various cases to mean that an additional allowance is appropriate when the award is as little as 26% percent over the condemnor's pretrial offer. See also, the reported cases of Karas v. State, 169 AD2d 816, 565 NYS2d 185 (2d Dept. 1991) (42 percent); Scuderi v. State, 184 AD2d 1073, 585 NYS2d 271 (4th Dept. 1992) (41 percent).
Case after case has approved an additional allowance for legal fees based upon reasonable and standard contingent fees meeting normal standards and practices of the condemnation bar. See Town of Riverhead v. LoBozzo, 207 AD2d 789, 616 NYS2d 973 (2d Dept. 1994).
[Since the publication of this article there have been numerous additional cases construing "substantially in excess" and the range of recoveralbe costs.]
1 This case illustrates the bad old days of condemnation beforethe Eminent Domain Procedure Law was enacted In1977. TheCity of Buffalo appraised the property for $532,000 for purposes of obtaining federal funds, but valued it at $310,000 for trialpurposes and only offered the condemnee $258,000. EDPL 303now requires that condemnees must be offered the condemnor's highest appraised value.
2 U.S. Judge Jack B. Weinstein, while serving as Nassau County Attorney In1964, was aghast at the County's then practice of offering less than its appraised value. He ordered the County Attorney's office to make settlement offers at no less than their highest appraisal value. See "Empirical Look into the Practices of Condemnation: Nassau County Study,"67 Columbia L. Rev. `167); "Sovereign's Duty to Compensate for the Appropriation of Public Property,"67 Columbia L. Rev. (1967).
A condemnee who is successful in obtaining a condemnation award substantially above the amount originally offered can now generally recover all or most of its legal and expert witness costs. New York State struggled for many years before resolving the conundrum of providing just compensation for property taken by the State and its municipalities while functioning within the American legal system where a litigant generally must absorb all or practically all of its legal and expert fees.
A property owner awarded the full market value of its condemned property by a court quite obviously does not receive the "just compensation" guaranteed by the Fifth Amendment to the U.S. Constitution and Article 1, 7 of the New York State Constitution if it is still out of pocket for substantial attorney, appraisal and engineering fees. Nevertheless, the Court of Appeals has held, in Hakes v. State, 81 NY2d 392, 398, 599 NYS2d 498, 501 (1993), that recovery of fees and costs is not a constitutional right:
"While condemnees are undoubtedly entitled under the State and Federal Constitutions to just compensation for property taken by the State, they received such compensation in the awards based on property value. The fees and costs allowed under [Eminent Domain Procedure Law] 701 are not an automatic part of such compensation. To the contrary, we have long held that attorney fees and additional costs are `mere incidences of litigation' and are not embraced in the constitutional right (City of Buffalo v. Clement Co., 28 NY2d 241, 262-264, 321 - NYSM 345). The Legislature's determination to allow such fees and costs - in the discretion of the court - does not establish a new entitlement but merely allows a court in condemnation cases to ameliorate the condemnee's costs in cases it considers appropriate."
Historically, New York State has attempted to "ameliorate" the condemnee's litigation costs at least as far back as 1890 when the General Condemnation Law and Grade Crossing Law were first enacted. Those laws gave courts discretion to grant an additional allowance of costs, not exceeding 5 percent, upon the amount awarded for damages. While far from adequate, the purpose of this allowance was that:
A person or corporation, whose property is sought to be taken under condemnation proceedings, is entitled to be heard at every step in the process, and in justice should be compensated not only for the land or property taken, but should be indemnified against all costs and expenses reasonably incurred, either in resisting the appropriation or in the proceedings for ascertaining the compensation to be made. Matter of Brooklyn v. Long Island Water Supply Co., 148 NY 107 (1895).
Even this statement of fairness did not apply to all costs and all condemnations. Expert and legal fees were not recoverable under either the 1890 statutes or under recovery of cost provisions in the civil procedure laws. Claimants in municipalities that took property under special laws were not entitled to even this small allowance until 1970 when the Fourth Department in City of Buffalo v.J W Clement Co., 34 AD2d 24, 36, 311 NYS2d 98, 111, (4th Dept. 1970) mod. on other grounds, 28 NY2d 241, 321 NYS2d 345 (1971.), held1
"The Buffalo Charter results in unequal and unjust treatment of those owners in Buffalo whose property is condemned by the City as distinguished from those owners whose property is otherwise condemned... Hence the Buffalo Charter must be held unconstitutional insofar as it deprives Clement of equal treatment under the law, that is, with respect to an extra allowance for costs...."
Additional Allowance
An effort to expand the concept of additional allowance was made as part of the 1977 recodification of condemnation law into the Eminent Domain Procedure Law (EDPL). EDPL 701 granted an additional allowance of up to 10 percent of the award, not to exceed $10,000, in instances where the award was at least 200 percent of the condemnor's proof and the court was satisfied that the condemnee had borne extraordinary expenses for expert witness fees.
EDPL 701 was amended in 1987 to provide for the following far more applicable and generous "additional allowance" geared to "just and adequate compensation:"
"In instances where the order or award is substantially in excess of the amount of the condemnor's proof and where deemed necessary by the court for the condemnee to achieve just and adequate compensation, the court, upon application, notice and an opportunity for hearing, may in its discretion, award to the condemnee an addition-al amount, separately computed and stated, for actual and necessary costs, disbursements and expenses, including reasonable attorney, appraiser and engineer fees actually incurred by such condemnee...."
The purpose of this amendment was to even the playing field so as to permit a condemnee to refuse a low offer and have a fair, chance to recover the costs of pressing its claim for a more just amount of compensation. This purpose was set forth by General Crushed Stone Company v. State of New York, 93 NY2d 23, 27, 686 NYS2d 754, 755 (1999), where the Court of Appeals held2
"The current section also reflects a 1987 amendment that expanded the types of fees and costs recoverable. Instead of being able to recover only "extraordinary expenses for expert witnesses fees beyond the expense for the preparation of an expert witness' appraisal report" in certain limited circumstances, a condemnee now may recover a wider array of litigation costs, including attorney, appraiser and engineering fees.... Moreover, the purpose of the amendment was to ease the "strict limits on recoverable costs" so that a condemnee would not be forced "to accept a condemnor's offer even if he or she believes that it does not constitute just compensation" (see, Governor's Approval Mem., Bill Jacket, L. 1987, ch. 771, 1, reprinted in 1987 McKinney's Session Laws of N.Y., at 2724). While this Court and the United States Supreme Court have both determined that reimbursement of litigation expenses does not fall within the constitutional right of just compensation for a taking, this fact cannot undercut the Legislature's clear statutory directive that "just and adequate compensation" cannot be achieved where the ultimate award is significantly impaired by costs necessary to demonstrate that the condemnor's offer was substantially lower than it should have been [citations omitted]. Allowances under section 701 merely provide a means of mitigating the financial damage wrought by the condemnor's low, original offer."
The twofold requirements that (1) an award is substantially in excess of the condemnor's proof - which has been held to mean the condemnor's original offer - and (2) claimant's expenses must have been incurred to achieve just and adequate compensation, must both be met. First Bank & Trust Co. of Corning v. State, 184 AD2d 1034, 585 NYS2d 261 (4th Dept. 1992), aff'd, 81 NY2d 392, 599 NYS2d 498 (1993) (Although award was 294 percent of State's initial offer, claimant's expenses were incurred to present unsuccessful claim for consequential damages to nonappropriated property.).
The "substantially in excess" requirement has been judicially interpreted in various cases to mean that an additional allowance is appropriate when the award is as little as 26% percent over the condemnor's pretrial offer. See also, the reported cases of Karas v. State, 169 AD2d 816, 565 NYS2d 185 (2d Dept. 1991) (42 percent); Scuderi v. State, 184 AD2d 1073, 585 NYS2d 271 (4th Dept. 1992) (41 percent).
Case after case has approved an additional allowance for legal fees based upon reasonable and standard contingent fees meeting normal standards and practices of the condemnation bar. See Town of Riverhead v. LoBozzo, 207 AD2d 789, 616 NYS2d 973 (2d Dept. 1994).
[Since the publication of this article there have been numerous additional cases construing "substantially in excess" and the range of recoveralbe costs.]
1 This case illustrates the bad old days of condemnation beforethe Eminent Domain Procedure Law was enacted In1977. TheCity of Buffalo appraised the property for $532,000 for purposes of obtaining federal funds, but valued it at $310,000 for trialpurposes and only offered the condemnee $258,000. EDPL 303now requires that condemnees must be offered the condemnor's highest appraised value.
2 U.S. Judge Jack B. Weinstein, while serving as Nassau County Attorney In1964, was aghast at the County's then practice of offering less than its appraised value. He ordered the County Attorney's office to make settlement offers at no less than their highest appraisal value. See "Empirical Look into the Practices of Condemnation: Nassau County Study,"67 Columbia L. Rev. `167); "Sovereign's Duty to Compensate for the Appropriation of Public Property,"67 Columbia L. Rev. (1967).
How Much Will You Make On The Sale Of Your
How Much Will You Make On The Sale Of Your Property
Most people look to comps in their area to come up with the listing price for their property. This is logical, but you also have to focus on the bottom line.
How Much Will You Make on The Sale of Your Property?
It happens more often than you might imagine. A homeowner decides to sell and goes about figuring the best price to sell. They may set a price off of the cuff or do research to ascertain the best price that will result in a sale within a specific time period. What many do not take into account, however, is the ultimate amount the will get from the property. This can lead to brutal surprises when the ultimate amount is much less than expected a concept known as sellers remorse.
In reality, the decision to sell your property should only be made after determining what you can objectively get out of it. Most people, however, tend to eyeball this amount. If you have a lot of equity in the property, it really is not an issue. If you dont, you better start calculating or you could be in for a bad shock.
The first place to start is the estimated price you will sell for minus the outstanding balance on your mortgage. This gives you a rough estimate of your equity, but should not be relied upon as the final cash out figure. Instead, you have to sit down and start calculating the other costs such as:
1. Mortgage pre-payment penalties,
2. Property taxes for the portion of the relevant year in which you are selling.
3. Any costs associated with repairs to the property to get it in shape to sell.
4. Attorneys fees if a lawyer is required to be part of the process in your state.
5. Incidental costs associated with the sale as agreed to in the purchase agreement with the buyer. Items can include title insurance premiums, recording fees, inspection fees, warranty insurance, escrow fees and so on.
One area people completely forget to factor in is, ironically, the biggest expense. If you use a real estate agent, you are going to pay a significant commission. A typical 6 percent commission on the sale of a $300,000 home is $18,000. More and more sellers are bypassing this by selling their properties without agents, which makes sense given the money involved. Regardless, you need to ascertain how you will sell the home and the relevant cost of doing so as part of your overall calculation.
Making the decision to sell is an emotional one. It should, however, also include a hard, cold look at the financials involved and whether doing so makes sense.
Most people look to comps in their area to come up with the listing price for their property. This is logical, but you also have to focus on the bottom line.
How Much Will You Make on The Sale of Your Property?
It happens more often than you might imagine. A homeowner decides to sell and goes about figuring the best price to sell. They may set a price off of the cuff or do research to ascertain the best price that will result in a sale within a specific time period. What many do not take into account, however, is the ultimate amount the will get from the property. This can lead to brutal surprises when the ultimate amount is much less than expected a concept known as sellers remorse.
In reality, the decision to sell your property should only be made after determining what you can objectively get out of it. Most people, however, tend to eyeball this amount. If you have a lot of equity in the property, it really is not an issue. If you dont, you better start calculating or you could be in for a bad shock.
The first place to start is the estimated price you will sell for minus the outstanding balance on your mortgage. This gives you a rough estimate of your equity, but should not be relied upon as the final cash out figure. Instead, you have to sit down and start calculating the other costs such as:
1. Mortgage pre-payment penalties,
2. Property taxes for the portion of the relevant year in which you are selling.
3. Any costs associated with repairs to the property to get it in shape to sell.
4. Attorneys fees if a lawyer is required to be part of the process in your state.
5. Incidental costs associated with the sale as agreed to in the purchase agreement with the buyer. Items can include title insurance premiums, recording fees, inspection fees, warranty insurance, escrow fees and so on.
One area people completely forget to factor in is, ironically, the biggest expense. If you use a real estate agent, you are going to pay a significant commission. A typical 6 percent commission on the sale of a $300,000 home is $18,000. More and more sellers are bypassing this by selling their properties without agents, which makes sense given the money involved. Regardless, you need to ascertain how you will sell the home and the relevant cost of doing so as part of your overall calculation.
Making the decision to sell is an emotional one. It should, however, also include a hard, cold look at the financials involved and whether doing so makes sense.
Wednesday, October 24, 2012
Guidance And Tips For Mortgage Modification Under Obama Rules
Under the Economic Recovery Act of 2009, homeowners who are in financial distress can now modify their mortgage loans to friendlier and easy to handle terms that will allow them to stay afloat financially while still keeping their homes. Under this new legislation, you can modify the terms of your mortgage to receive a lower interest rate and lower monthly payments that will give you the confidence and funding needed to stay in your home.
Mortgage modification has been drafted specifically for those who are threatened with foreclosure or are having a hard time making their monthly mortgage payments and is different from mortgage refinancing that is available under the same legislation (for homeowners who are not behind on their mortgages but cannot refinance because of lowered market values for their homes).
How Does Mortgage Modification Work?
Mortgage modification under the Obama legislation that was passed early in 2009 is available to homeowners who meet the guidelines under the Act. You must have taken out your mortgage prior to January 1, 2009. The home mortgage that you are struggling to pay must be on your primary residence, meaning that vacation homes and other secondary residences do not qualify for modification under this legislation.
The mortgage in question that you wish to modify must be your first mortgage, not a second mortgage or home equity mortgage, as they are often called. You cannot owe more than $729,500 on your home and you must reside in the home in order to qualify for modification under new terms. Your financial situation must be fully documented in your own handwriting and submitted with your application. You must also provide documentation of your pay, including tax returns and paystubs.
For those homeowners who owe more than fifty five percent of their monthly income to debtors for all of their combined debts, the mortgage holder must agree to participate in credit counseling in order to form better habits and money management skills. If you meet these qualifications and are willing to produce the required documentation and submit to the other prerequisites of the program, you can receive a modified mortgage.
Choosing A Mortgage Modification Company and Avoiding Scams
Deciding which bank to go through for your mortgage modification can be difficult. However, most of the banks, lending institutions, and credit unions that are participating in this government sponsored program will offer a similar deal. Typically, the bank absorbs the modification costs, such as title searches and attorneys fees. The bank is reimbursed by the government for these costs. A word of caution to homeowners who are considering modification: there are lenders out there who are scandalous and there are a myriad of scams out there when it comes to this program.
Always goes with a trusted and reputable lender, as opposed to a company that has suddenly sprang up from nowhere when this legislation passed. Most of these modifications are only meant to last for five years in order to make the homeowner pay no more than 31% of their gross income towards their mortgage, which allows them time to catch up and get their finances in order in the new economy. Be suspicious of any lender who offers you a payment amount lower than 31% of your gross income.
Mortgage modification has been drafted specifically for those who are threatened with foreclosure or are having a hard time making their monthly mortgage payments and is different from mortgage refinancing that is available under the same legislation (for homeowners who are not behind on their mortgages but cannot refinance because of lowered market values for their homes).
How Does Mortgage Modification Work?
Mortgage modification under the Obama legislation that was passed early in 2009 is available to homeowners who meet the guidelines under the Act. You must have taken out your mortgage prior to January 1, 2009. The home mortgage that you are struggling to pay must be on your primary residence, meaning that vacation homes and other secondary residences do not qualify for modification under this legislation.
The mortgage in question that you wish to modify must be your first mortgage, not a second mortgage or home equity mortgage, as they are often called. You cannot owe more than $729,500 on your home and you must reside in the home in order to qualify for modification under new terms. Your financial situation must be fully documented in your own handwriting and submitted with your application. You must also provide documentation of your pay, including tax returns and paystubs.
For those homeowners who owe more than fifty five percent of their monthly income to debtors for all of their combined debts, the mortgage holder must agree to participate in credit counseling in order to form better habits and money management skills. If you meet these qualifications and are willing to produce the required documentation and submit to the other prerequisites of the program, you can receive a modified mortgage.
Choosing A Mortgage Modification Company and Avoiding Scams
Deciding which bank to go through for your mortgage modification can be difficult. However, most of the banks, lending institutions, and credit unions that are participating in this government sponsored program will offer a similar deal. Typically, the bank absorbs the modification costs, such as title searches and attorneys fees. The bank is reimbursed by the government for these costs. A word of caution to homeowners who are considering modification: there are lenders out there who are scandalous and there are a myriad of scams out there when it comes to this program.
Always goes with a trusted and reputable lender, as opposed to a company that has suddenly sprang up from nowhere when this legislation passed. Most of these modifications are only meant to last for five years in order to make the homeowner pay no more than 31% of their gross income towards their mortgage, which allows them time to catch up and get their finances in order in the new economy. Be suspicious of any lender who offers you a payment amount lower than 31% of your gross income.
No-fee Refinance Programs For Existing Mortgages
Refinancing your existing mortgage is often a good idea, and a no-fee refinance program can save you thousands of dollars in closing costs, attorney fees, and other expenses that are normally charged to the homeowner. These refinancing costs are usually required upfront by many lenders, or may be included as hidden costs in your monthly loan installments. And because the closing costs for a mortgage refinance are similar to those costs that you originally paid when you bought your home, the savings can be quite significant.
Refinancing is important for many homeowners who find that their current mortgage situation is becoming unbearable. Oftentimes, homeowners will discover after a few years that their mortgages adjust to a new rate, which is the case with adjustable rate mortgages. Many of these homeowners are now paying double or even triple the amount of their original monthly mortgage payment. In this instance, refinancing is an alternative to bankruptcy or foreclosure, and can help you lower your payments by refinancing to a fixed rate.
Other mortgage holders may have fallen behind on their mortgage payments and are also looking for a lower monthly payment that is more in line with their current income. Many homeowners are quite delighted to find out that refinancing under a no-fee refinance agreement can allow them to pay their homes off sooner. Because most mortgages are refinanced to more favorable rates, you will be paying more towards the principle balance owed and less towards interest charges. Paying less interest will also save you thousands over the life of your loan.
What To Look For In No-Fee Refinance Programs
No-fee refinance programs, like any type of mortgage refinance, need to be examined closely before you close. First and foremost, you should look for a fixed rate mortgage. A fixed rate mortgage rate will never go up like the adjustable rate mortgage can, which allows you the benefit of a predictable payment that will be the same, each and every month that you make a payment. Adjustable rate mortgages are often a good idea for some borrowers - especially if you plan to be in the home for just a few years and are offered substantially lower rates by going for an adjustable rate mortgage. Most borrowers plan to stay in their homes for the long haul, however, and should only consider fixed rate offers. You should also look for a no-fee refinance program that allows you to prepay without penalty. Many mortgage lenders will tack on stiff penalties for early repayment. Always leave the door open to paying off early without penalty.
Online No-Fee Refinancing
Applying for no-fee refinancing is easiest when you select an online lender to do business with. Online lenders for this type of refinancing package are often more reasonable when offering you an interest rate and can come up with terms that you can live with. In addition, you will find the application process much easier and that you can close on your refinancing package within ten days in most cases. Although online lenders usually have a field office in your area or region, most of the paperwork to complete the refinance can be done over the Internet on a secure server that protects your sensitive information. This is the most expedient way to complete your mortgage refinance documentation, and is the reason why online mortgage refinancing goes much more smoothly than traditional refinancing, including those who are going for a no-fee refinancing program.
Refinancing is important for many homeowners who find that their current mortgage situation is becoming unbearable. Oftentimes, homeowners will discover after a few years that their mortgages adjust to a new rate, which is the case with adjustable rate mortgages. Many of these homeowners are now paying double or even triple the amount of their original monthly mortgage payment. In this instance, refinancing is an alternative to bankruptcy or foreclosure, and can help you lower your payments by refinancing to a fixed rate.
Other mortgage holders may have fallen behind on their mortgage payments and are also looking for a lower monthly payment that is more in line with their current income. Many homeowners are quite delighted to find out that refinancing under a no-fee refinance agreement can allow them to pay their homes off sooner. Because most mortgages are refinanced to more favorable rates, you will be paying more towards the principle balance owed and less towards interest charges. Paying less interest will also save you thousands over the life of your loan.
What To Look For In No-Fee Refinance Programs
No-fee refinance programs, like any type of mortgage refinance, need to be examined closely before you close. First and foremost, you should look for a fixed rate mortgage. A fixed rate mortgage rate will never go up like the adjustable rate mortgage can, which allows you the benefit of a predictable payment that will be the same, each and every month that you make a payment. Adjustable rate mortgages are often a good idea for some borrowers - especially if you plan to be in the home for just a few years and are offered substantially lower rates by going for an adjustable rate mortgage. Most borrowers plan to stay in their homes for the long haul, however, and should only consider fixed rate offers. You should also look for a no-fee refinance program that allows you to prepay without penalty. Many mortgage lenders will tack on stiff penalties for early repayment. Always leave the door open to paying off early without penalty.
Online No-Fee Refinancing
Applying for no-fee refinancing is easiest when you select an online lender to do business with. Online lenders for this type of refinancing package are often more reasonable when offering you an interest rate and can come up with terms that you can live with. In addition, you will find the application process much easier and that you can close on your refinancing package within ten days in most cases. Although online lenders usually have a field office in your area or region, most of the paperwork to complete the refinance can be done over the Internet on a secure server that protects your sensitive information. This is the most expedient way to complete your mortgage refinance documentation, and is the reason why online mortgage refinancing goes much more smoothly than traditional refinancing, including those who are going for a no-fee refinancing program.
Tuesday, October 23, 2012
Why You Should Trademark Your Domain Name
If you have read anything on trademarks at all, you will continually see a recommendation that getting a mark carries great benefits. Is this just a marketing pitch or does it make sense to file with the United States Patent and Trademark Office?
Filing a trademark is definitely a good move for just about any business. That being said, there are definitely some wild claims made by some of the file for $199 sites out there. Given this, lets look at the key tangible benefits that you will get by filing.
The first benefit is the registration creates a line in the sand when it comes to timing issues. A successful mark is considered to give constructive notice to all other parties that the owner of the mark has the right to use it on or with the goods and or services listed in the filing anywhere in the United States. This also conveys the right to stop any later users from infringing on the mark.
The registration with the Patent and Trademark Office also carries a second benefit. It creates a prima facie inference that the mark is valid and that the mark has been so used in commerce during its term. This shifts the burden of proof on validity to the opposing party in any trial over the merits of the mark, a major legal advantage.
A registration really confers a huge benefit once the five year mark has passed since its registration. How so? Once that magic date is hit, the mark becomes incontestable. It cannot be attacked on its validity, a prior use claim or whether it is only a descriptive mark. This effectively slams shut the door on many of the potential claims of the opposing party.
If you are required to file a lawsuit against a party for infringement, the fact you filed for the mark conveys huge benefits on you. The major advantage is you can recover the attorney fees incurred in the prosecution of the claim. If you can show the other party willfully infringed on your mark, you can be awarded treble damages against them.
There are other benefits that come with trademark filings, but these are the key ones. Together, they give you a huge legal advantage over other parties, something that cannot be undervalued in the current economic climate.
Filing a trademark is definitely a good move for just about any business. That being said, there are definitely some wild claims made by some of the file for $199 sites out there. Given this, lets look at the key tangible benefits that you will get by filing.
The first benefit is the registration creates a line in the sand when it comes to timing issues. A successful mark is considered to give constructive notice to all other parties that the owner of the mark has the right to use it on or with the goods and or services listed in the filing anywhere in the United States. This also conveys the right to stop any later users from infringing on the mark.
The registration with the Patent and Trademark Office also carries a second benefit. It creates a prima facie inference that the mark is valid and that the mark has been so used in commerce during its term. This shifts the burden of proof on validity to the opposing party in any trial over the merits of the mark, a major legal advantage.
A registration really confers a huge benefit once the five year mark has passed since its registration. How so? Once that magic date is hit, the mark becomes incontestable. It cannot be attacked on its validity, a prior use claim or whether it is only a descriptive mark. This effectively slams shut the door on many of the potential claims of the opposing party.
If you are required to file a lawsuit against a party for infringement, the fact you filed for the mark conveys huge benefits on you. The major advantage is you can recover the attorney fees incurred in the prosecution of the claim. If you can show the other party willfully infringed on your mark, you can be awarded treble damages against them.
There are other benefits that come with trademark filings, but these are the key ones. Together, they give you a huge legal advantage over other parties, something that cannot be undervalued in the current economic climate.
What Your Georgia Automobile Ins Really Has To Offer
One of the most common mistakes of car owners and drivers is not checking their car insurance policies to find out what they are getting cover for. Too often, they only bother to read the fine print when they are already involved in an automobile accident. In Georgia, car owners would do themselves some good if they read what their Georgia automobile ins covers.
If your plan says "full coverage", this usually covers a comprehensive coverage, as well as coverage for collision costs and damages to third persons and properties. This kind of insurance plan is more expensive than the basic liability insurance, which pays for medical expenses of people injured if you are responsible for a vehicular accident. It also pays for attorney's fees in the event that another party sues you.
You may also consider getting a liability property coverage in the event that you caused damages to another person's car or property due to a car wreck. Your insurance company would appraise the damages, investigate who is really responsible for the accident and pay up to the amount of your coverage. Without this type of insurance you could easily lose your assets paying for damages.
Your insurance premium will depend on the benefits that your plan offers. Collision coverage pays for your own car repairs and is required if you are buying your car on installment, or if you are leasing your car. The insurance company pays for damages net of your deductible, or the amount that you chose to pay.
With a higher deductible, premiums are often lower. Comprehensive insurance covers other events that could result to damages on your car, such as theft, fire, vandalism and acts of nature such as flooding. Premiums are based on the model of the car, the amount and type of coverage that you need. Sometimes, even the age of the driver could be a factor in determining your premiums.
To find the best Georgia automobile ins, you need to do your research on the insurance companies who do business in the city. These days, you don't even have to spend too much time calling these companies to compare their rates and benefits. Just check their websites or call their customer service to find out more information about their products.
If your plan says "full coverage", this usually covers a comprehensive coverage, as well as coverage for collision costs and damages to third persons and properties. This kind of insurance plan is more expensive than the basic liability insurance, which pays for medical expenses of people injured if you are responsible for a vehicular accident. It also pays for attorney's fees in the event that another party sues you.
You may also consider getting a liability property coverage in the event that you caused damages to another person's car or property due to a car wreck. Your insurance company would appraise the damages, investigate who is really responsible for the accident and pay up to the amount of your coverage. Without this type of insurance you could easily lose your assets paying for damages.
Your insurance premium will depend on the benefits that your plan offers. Collision coverage pays for your own car repairs and is required if you are buying your car on installment, or if you are leasing your car. The insurance company pays for damages net of your deductible, or the amount that you chose to pay.
With a higher deductible, premiums are often lower. Comprehensive insurance covers other events that could result to damages on your car, such as theft, fire, vandalism and acts of nature such as flooding. Premiums are based on the model of the car, the amount and type of coverage that you need. Sometimes, even the age of the driver could be a factor in determining your premiums.
To find the best Georgia automobile ins, you need to do your research on the insurance companies who do business in the city. These days, you don't even have to spend too much time calling these companies to compare their rates and benefits. Just check their websites or call their customer service to find out more information about their products.
Understanding Mortgage Terminology
Purchasing a home is a smart investment. However, if youre purchasing a home for the first time, there is some terminology you need to be aware of regarding your future home mortgage. Here are some common words and terminology youll encounter when youre looking for a home loan.
Adjustable Rate Mortgage (a.k.a. ARM Loan): An Adjustable Rate Mortgage is a home loan where the interest rate adjusts throughout the term of the loan. ARM Loans usually have an initial interest rate that is lower than that of a Fixed-Rate Mortgage. This low interest rate is locked for a set length of time. Once that time has expired, the interest rate can go up based on market factors. The lower initial interest rate helps those who cant afford a fixed-rate mortgage get financing for their home. However, the interest rate will most likely increase after the initial term of the low interest rate expires.
Annual Percentage Rate (APR): APR is the interest rate quoted by the lender plus additional home loan costs. Additional costs include origination fees, points, etc. APR is often higher than the stated interest rate. This is because the additional costs will alter the originally advertised interest rate accordingly.
Closing Costs: Closing costs are the expenses involved in finalizing a mortgage. Closing costs include lender/agency fees, loan origination costs, escrow payments, title insurance, attorney fees, etc. Closing costs are often shared between both the buyer and the seller.
Escrow: Escrow is at the end of the mortgage process where a neutral third party obtains the documentation and money involved in the transaction until the transaction is complete. An escrow account is also used to hold the property tax and insurance monies that are collected during payment of the loan.
Fixed-Rate Mortgage: A fixed-rate mortgage is a loan where the interest rate stays the same. It does not fluctuate while the loan is being paid off. Financing for fixed-rate mortgage loans are commonly spread out over 10, 15, 20, or 30 years. This type of loan is popular because there are typically no surprises. Since the interest rate remains the same, the monthly mortgage payments are static, and dont change year to year.
Points: Points are a percentage of the principal of the loan used to lower the interest rate of a loan. There are two types of points: Discount Points and Origination Points. Discount Points reduce the interest rate of a loan by having the lender pay more at closing. One point equals one percent. So, if you want to lower your interest rate by one percent, the borrow needs to pay one percent of the principal at closing. However, this does not lower the principal amount. It merely lowers the interest rate. Origination Points are used is the same fashion and utilized to cover the loan processing expenses.
Principal: Principal is the original amount borrowed from the lender. It does not include interest or other fees. Its the lump sum the borrower gets from the lender.
Knowing the terminology involved in your mortgage will help you stay on top of the mortgage process and allow the entire process to run smoothly. Read up on these terms and keep yourself out of the dark.
Adjustable Rate Mortgage (a.k.a. ARM Loan): An Adjustable Rate Mortgage is a home loan where the interest rate adjusts throughout the term of the loan. ARM Loans usually have an initial interest rate that is lower than that of a Fixed-Rate Mortgage. This low interest rate is locked for a set length of time. Once that time has expired, the interest rate can go up based on market factors. The lower initial interest rate helps those who cant afford a fixed-rate mortgage get financing for their home. However, the interest rate will most likely increase after the initial term of the low interest rate expires.
Annual Percentage Rate (APR): APR is the interest rate quoted by the lender plus additional home loan costs. Additional costs include origination fees, points, etc. APR is often higher than the stated interest rate. This is because the additional costs will alter the originally advertised interest rate accordingly.
Closing Costs: Closing costs are the expenses involved in finalizing a mortgage. Closing costs include lender/agency fees, loan origination costs, escrow payments, title insurance, attorney fees, etc. Closing costs are often shared between both the buyer and the seller.
Escrow: Escrow is at the end of the mortgage process where a neutral third party obtains the documentation and money involved in the transaction until the transaction is complete. An escrow account is also used to hold the property tax and insurance monies that are collected during payment of the loan.
Fixed-Rate Mortgage: A fixed-rate mortgage is a loan where the interest rate stays the same. It does not fluctuate while the loan is being paid off. Financing for fixed-rate mortgage loans are commonly spread out over 10, 15, 20, or 30 years. This type of loan is popular because there are typically no surprises. Since the interest rate remains the same, the monthly mortgage payments are static, and dont change year to year.
Points: Points are a percentage of the principal of the loan used to lower the interest rate of a loan. There are two types of points: Discount Points and Origination Points. Discount Points reduce the interest rate of a loan by having the lender pay more at closing. One point equals one percent. So, if you want to lower your interest rate by one percent, the borrow needs to pay one percent of the principal at closing. However, this does not lower the principal amount. It merely lowers the interest rate. Origination Points are used is the same fashion and utilized to cover the loan processing expenses.
Principal: Principal is the original amount borrowed from the lender. It does not include interest or other fees. Its the lump sum the borrower gets from the lender.
Knowing the terminology involved in your mortgage will help you stay on top of the mortgage process and allow the entire process to run smoothly. Read up on these terms and keep yourself out of the dark.
Monday, October 22, 2012
Save Your Marriage Stop Divorce In Its Tracks!
Are you constantly arguing with your partner? Do you feel like you dont love them anymore? Are you considering divorce? If the answer to any or all of these questions is yes, you owe it to yourself to read this article. There are several actions you can take to save your marriage from divorce. First of all, you should consider all of the long-term effects of divorce. Secondly, if you find yourself fighting so much that you dont even know what it is you are mad about, take time to cool down. Last of all, you should try thinking of your spouses needs before your own.
If you are thinking of a divorce or are going down that road, have you thought of all of the long-term effects of getting a divorce? If you have no children, there are still many terrible consequences divorce can have on your life. You leave a piece of your heart with that person, first of all. It takes a long time to get over the loneliness that divorce causes. People always seem to think the grass is greener on the other side, but sometimes even just a few months later they will realize they made a mistake and by then sometimes the partner takes them back. Many times, though, the other person may have already moved on or will need even more time apart to think about the idea. Secondly, a divorce can cause financial devastation. If you do have kids and go through a custody battle, it can be extremely expensive. Also, if you dont agree on who gets what it can cost even more money in court costs and attorney fees. Finally, if you do have children, you really owe it to them and yourselves to give it another shot. The consequences of a divorce on children are immeasurable. It writes on the slate of who they are as people for the rest of their lives. It makes it hard on them to have normal relationships and a lot of times it makes them very apprehensive about marriage because they do not want to put their future children in the positions they were put in. Save your marriage from divorce by not even mentioning or thinking about the word.
Do you ever find that you fight so much with your spouse that you forget what either of you are even fighting about? This means that you need to practice cooling down, even if you are the only one who does. Once you are cooled down, learn to pick your battles. With a calm mind, it is easier to see why you should just apologize even if you feel you werent wrong. Fighting doesnt solve anything. It just makes the issues bigger than they were to begin with. Save your marriage from divorce ending fights abruptly with a heart-felt apology or a few minutes of cooling down.
Do you think of your partners needs first before your own? In a marriage you have to at least try to do that. Think of your spouses emotional, physical, and mental needs. If your wife stays home with the kids all day, make it a point to try to have at least some adult conversation before bedtime. If your husband likes to unwind for a while after getting home from work, let him. It is better than fighting about it. Pride is hard to swallow, but it is very important in a marriage. You have to learn to be less selfish to save your marriage from divorce.
All in all, no matter how you feel about your spouse these days, divorce is not the solution. If you think about the consequences of divorce, end fights abruptly by apologizing no matter who is at fault, and think about your partners needs before your own at least for a month, you will probably find yourself reconsidering and trying to work through your issues. Save your marriage from a divorce by following these words of advice and seek the advice of a marriage counselor as well.
If you are thinking of a divorce or are going down that road, have you thought of all of the long-term effects of getting a divorce? If you have no children, there are still many terrible consequences divorce can have on your life. You leave a piece of your heart with that person, first of all. It takes a long time to get over the loneliness that divorce causes. People always seem to think the grass is greener on the other side, but sometimes even just a few months later they will realize they made a mistake and by then sometimes the partner takes them back. Many times, though, the other person may have already moved on or will need even more time apart to think about the idea. Secondly, a divorce can cause financial devastation. If you do have kids and go through a custody battle, it can be extremely expensive. Also, if you dont agree on who gets what it can cost even more money in court costs and attorney fees. Finally, if you do have children, you really owe it to them and yourselves to give it another shot. The consequences of a divorce on children are immeasurable. It writes on the slate of who they are as people for the rest of their lives. It makes it hard on them to have normal relationships and a lot of times it makes them very apprehensive about marriage because they do not want to put their future children in the positions they were put in. Save your marriage from divorce by not even mentioning or thinking about the word.
Do you ever find that you fight so much with your spouse that you forget what either of you are even fighting about? This means that you need to practice cooling down, even if you are the only one who does. Once you are cooled down, learn to pick your battles. With a calm mind, it is easier to see why you should just apologize even if you feel you werent wrong. Fighting doesnt solve anything. It just makes the issues bigger than they were to begin with. Save your marriage from divorce ending fights abruptly with a heart-felt apology or a few minutes of cooling down.
Do you think of your partners needs first before your own? In a marriage you have to at least try to do that. Think of your spouses emotional, physical, and mental needs. If your wife stays home with the kids all day, make it a point to try to have at least some adult conversation before bedtime. If your husband likes to unwind for a while after getting home from work, let him. It is better than fighting about it. Pride is hard to swallow, but it is very important in a marriage. You have to learn to be less selfish to save your marriage from divorce.
All in all, no matter how you feel about your spouse these days, divorce is not the solution. If you think about the consequences of divorce, end fights abruptly by apologizing no matter who is at fault, and think about your partners needs before your own at least for a month, you will probably find yourself reconsidering and trying to work through your issues. Save your marriage from a divorce by following these words of advice and seek the advice of a marriage counselor as well.
No Cost Mortgages
When you are dealing with mortgages, it is important to check twice the calculation as well as the English when the lenders specify the word No cost Mortgages.
The fact is that no cost mortgage means it will cost something, now the question arises in your mind how much it cost the answer is the cost depends on what kind of mortgage you plan to go. There are two types of basic cost involved while getting mortgage, In one type of cost the lender cannot control that includes the appraisal cost, filing fees, title search, attorney fees etc, and the next type of cost is the lenders cost that is loan application fees, credit check, admin fees and processing fees etc, with out which nothing is possible.
To few lenders no cost means they do not want any cost from their pockets, all the cost will be added in the loam amount, for instance the loan cost is $5,000 and you plan to borrow $150,000 in this case the $3,000 gets added up with the loan, and ultimately you will be borrowing $1,53,000 that is with interest for the entire amount. In this case when you take 30 years loan at 6.25% rate interest the monthly interest with principal is $942.05 and the interest is $18.47, which is $18.47 per month more than $923.58 you would make on $153,000. You may not realize you are paying interest for $3,000 every month until you clear the entire amount, in addition to that this $3,000 wont be paid off till the 20th month of mortgage well into the subsequent year its only after 19th payment that the principal you owe will reduce below $150,000 to be exact $149,948.25.
How does this sounds to you, this is the way no cost mortgage works, you pay accumulated interest on unpaid balance of the loan every month and to pay off the $3,000
You would be paying $18.47 besides the interest you pay for $1,50,000. So if you have paid that $3,000 from your pocket you would be paying the interest with principal for the actual amount you are borrowing, just by the word no cost mortgage you dont start paying the loan until your loan reached 20 months.
In some cases you may not pay any cost in the beginning but you will end up paying with closing cost and sometimes the lender will take in charge of paying all the cost like application fees, commission, attorney fees and then in turn charge the borrower with high interest rate.
By this time you could get a clear idea how much it will cost you for no cost mortgage
No cost loans are very expensive, just because its convenient that you dont spend a penny from your pocket it is better, in a long run it cost you more than to spend from your pocket, so it is important to remember that you are not really saving money by opting for no cost mortgage.
The fact is that no cost mortgage means it will cost something, now the question arises in your mind how much it cost the answer is the cost depends on what kind of mortgage you plan to go. There are two types of basic cost involved while getting mortgage, In one type of cost the lender cannot control that includes the appraisal cost, filing fees, title search, attorney fees etc, and the next type of cost is the lenders cost that is loan application fees, credit check, admin fees and processing fees etc, with out which nothing is possible.
To few lenders no cost means they do not want any cost from their pockets, all the cost will be added in the loam amount, for instance the loan cost is $5,000 and you plan to borrow $150,000 in this case the $3,000 gets added up with the loan, and ultimately you will be borrowing $1,53,000 that is with interest for the entire amount. In this case when you take 30 years loan at 6.25% rate interest the monthly interest with principal is $942.05 and the interest is $18.47, which is $18.47 per month more than $923.58 you would make on $153,000. You may not realize you are paying interest for $3,000 every month until you clear the entire amount, in addition to that this $3,000 wont be paid off till the 20th month of mortgage well into the subsequent year its only after 19th payment that the principal you owe will reduce below $150,000 to be exact $149,948.25.
How does this sounds to you, this is the way no cost mortgage works, you pay accumulated interest on unpaid balance of the loan every month and to pay off the $3,000
You would be paying $18.47 besides the interest you pay for $1,50,000. So if you have paid that $3,000 from your pocket you would be paying the interest with principal for the actual amount you are borrowing, just by the word no cost mortgage you dont start paying the loan until your loan reached 20 months.
In some cases you may not pay any cost in the beginning but you will end up paying with closing cost and sometimes the lender will take in charge of paying all the cost like application fees, commission, attorney fees and then in turn charge the borrower with high interest rate.
By this time you could get a clear idea how much it will cost you for no cost mortgage
No cost loans are very expensive, just because its convenient that you dont spend a penny from your pocket it is better, in a long run it cost you more than to spend from your pocket, so it is important to remember that you are not really saving money by opting for no cost mortgage.
Sunday, October 21, 2012
Identity Theft Criminals And Your Identityhow Can You Beat Them!
Identity Theft Criminals And Your Identityhow Can You Beat Them!
These very minute, sophisticated criminals around the world are trying to steal your Identity. The question is: How can you avoid this disaster and the potential complete destruction of your credit.
How many of you have already been a victim of someone mishandling or losing your personal data? Think further. How many of you know a friend or family member who has been a victim of ID theft? When these questions are asked in a seminar, almost every hand is in the air at the end of the second question.
When you consider an ID theft experience, both personally or among family or friends, it is very obvious the standard, Oh, it wont happen to me, is a dangerous belief. So, just how do the thieves get your identity and endeavor to destroy your hard-earned credit reputation?
First, take a look at some compelling statistics:
ID Theft is considered by the Federal Trade Commission (FTC) to be the fastest growing crime in America today. Consider the following and remember that real people make up these facts:
1. The FTC states that 1 in 4 US Households have been a victim of ID theft.
2. Over the last 5 years 28mm Americans have been victims.
3. There were over 10 million victims last year alone.
4. The average victim spends 175 hours resolving credit issues.
5. The average victim will spend $1,700.00 in out-of-pocket expenses.
7. Most (89%) of the victims were unaware that their identity had been stolen.
8. The usual victim will need 2 to 5 years to clear-up resulting credit related problems. Imagine trying to apply for a house loan, college loan or car loan during this time frame.
At My Secure Advantage we can create an identity theft plan to protect your credit. Our Identity theft monitoring consists of the following:
1. Trained Fraud Resolution Counselors who assist employees with the immediate steps to be taken to prevent future fraud, placing fraud alerts on credit reports, reviewing credit reports with the victim and placing credit freezes on accounts (allowed in some states), helping to dispute fraudulent debts on accounts and credit reports and assisting in correspondence to creditors and State and Federal authorities.
2. Credit Monitoring Services to detect smoke before the fire of ID theft burns the house of credit to the ground. The best defense to guarding ones good credit is to quickly discover any unauthorized credit activity. It should include: Continuous credit file monitoring, alerts for suspicious activity, notification of any new accounts opened and any address changes.
3. Identity Theft Fraud Expense Reimbursement: Coverage should cover fraud-related expenses, such as: Lost wages, notary and certified mailing costs for letters and fraud affidavits, long distance charges, reasonable attorneys fees (especially if arrested), defense costs and refilling fees for loans.
4. Legal Consultations: Should include no cost initial consultations and fee reductions (fixed or hourly) on civil litigation issues, cost recovery, defense fees for wrongful debt claims, failure of a reporting agency to remove negative/incorrect credit information and wrongful arrest and criminal charges.
5. Financial Coaching: Experienced Financial Counselors who are both Certified Credit Counselors and Certified under the Fair Credit Reporting Act. These counselors help individuals to restore their credit file to its pre-theft condition, by providing credit counseling, credit report analysis and tax planning, all of which are usually seriously impacted when an ID theft occurs.
My Secure Advantage (MSA) will develop and implement a "plan of action" to stop identity theft, promptly notify Credit Bureaus and creditors by "fraud alerts" and "credit freezes," immediately pulling credit reports (if necessary) to check for suspicious activity. Your Fraud Resolution Specialist will help you to quickly take the steps necessary to protect your credit file. If your credit score is damaged by identity theft or fraud, your Money Coach is ready with strategies to incrementally restore your damaged credit score, and $25,000 of Identity Theft Expense Reimbursement Coverage will offset the cost of restoring your good name.
These very minute, sophisticated criminals around the world are trying to steal your Identity. The question is: How can you avoid this disaster and the potential complete destruction of your credit.
How many of you have already been a victim of someone mishandling or losing your personal data? Think further. How many of you know a friend or family member who has been a victim of ID theft? When these questions are asked in a seminar, almost every hand is in the air at the end of the second question.
When you consider an ID theft experience, both personally or among family or friends, it is very obvious the standard, Oh, it wont happen to me, is a dangerous belief. So, just how do the thieves get your identity and endeavor to destroy your hard-earned credit reputation?
First, take a look at some compelling statistics:
ID Theft is considered by the Federal Trade Commission (FTC) to be the fastest growing crime in America today. Consider the following and remember that real people make up these facts:
1. The FTC states that 1 in 4 US Households have been a victim of ID theft.
2. Over the last 5 years 28mm Americans have been victims.
3. There were over 10 million victims last year alone.
4. The average victim spends 175 hours resolving credit issues.
5. The average victim will spend $1,700.00 in out-of-pocket expenses.
7. Most (89%) of the victims were unaware that their identity had been stolen.
8. The usual victim will need 2 to 5 years to clear-up resulting credit related problems. Imagine trying to apply for a house loan, college loan or car loan during this time frame.
At My Secure Advantage we can create an identity theft plan to protect your credit. Our Identity theft monitoring consists of the following:
1. Trained Fraud Resolution Counselors who assist employees with the immediate steps to be taken to prevent future fraud, placing fraud alerts on credit reports, reviewing credit reports with the victim and placing credit freezes on accounts (allowed in some states), helping to dispute fraudulent debts on accounts and credit reports and assisting in correspondence to creditors and State and Federal authorities.
2. Credit Monitoring Services to detect smoke before the fire of ID theft burns the house of credit to the ground. The best defense to guarding ones good credit is to quickly discover any unauthorized credit activity. It should include: Continuous credit file monitoring, alerts for suspicious activity, notification of any new accounts opened and any address changes.
3. Identity Theft Fraud Expense Reimbursement: Coverage should cover fraud-related expenses, such as: Lost wages, notary and certified mailing costs for letters and fraud affidavits, long distance charges, reasonable attorneys fees (especially if arrested), defense costs and refilling fees for loans.
4. Legal Consultations: Should include no cost initial consultations and fee reductions (fixed or hourly) on civil litigation issues, cost recovery, defense fees for wrongful debt claims, failure of a reporting agency to remove negative/incorrect credit information and wrongful arrest and criminal charges.
5. Financial Coaching: Experienced Financial Counselors who are both Certified Credit Counselors and Certified under the Fair Credit Reporting Act. These counselors help individuals to restore their credit file to its pre-theft condition, by providing credit counseling, credit report analysis and tax planning, all of which are usually seriously impacted when an ID theft occurs.
My Secure Advantage (MSA) will develop and implement a "plan of action" to stop identity theft, promptly notify Credit Bureaus and creditors by "fraud alerts" and "credit freezes," immediately pulling credit reports (if necessary) to check for suspicious activity. Your Fraud Resolution Specialist will help you to quickly take the steps necessary to protect your credit file. If your credit score is damaged by identity theft or fraud, your Money Coach is ready with strategies to incrementally restore your damaged credit score, and $25,000 of Identity Theft Expense Reimbursement Coverage will offset the cost of restoring your good name.
Eastside Portland Oregon Accident Lawyer Chris Covert
Whenever you have been injured in a collision or other accidents, you most likely are nervous about who's going to pay your medical payments, misplaced wages, and numerous unforeseen damages. The very last thing you need is to be treated unjustly by an insurance company. In the event you do not defend your rights, chances are you'll not have the ability to file a claim.
Insurance companies have attorneys and adjusters whose sole aim is to pay you as little as they can. You want a Portland injury attorney to fight for you. Chris Covert is devoted to doing whatever that is needed to get as much money as you can possibly recover according to the law.
Some individuals are injured in accidents due to the fault of other individual however their damages aren't serious. The insurance company might not give the injured individual any compensation, or a small amount because they are aware that attorneys will not be going to take such a small case. Nevertheless, in Oregon there's a regulation which permits for lawyer fees to be paid by the defense in small cases. It also accelerates the process. When you make a demand to the insurance company for $7,500 or less the insurance company has 30 days to respond with an offer. If they make no offer and the case goes to trial whatever amount of compensation signifies that the defense is on the hook for a large amount of legal fees. If they make a low offer and that amount is beat at trial the insurance company can also be required to pay for your attorney's fees. The reason this is important is that it forces the insurance companies to make favorable offers on small matters or take a chance paying huge legal fees. Contact Chris Covert an experience personal injury attorney to go over your options on a small case.
You need an attorney who will work exhaustingly to protect your rights, maximize your insurance settlement and reduce the hassles of dealing with the insurance companies. You need an experienced and aggressive Oregon trial lawyer with proven results who will go to length for you. Having an experienced Portland Injury Attorney could make all the difference between getting what you deserve and getting nothing.
With out the specter of an attorney who's eager to go to trial and is aiming for a sizable jury verdict, why would an insurance company pay you what your claim is absolutely valued? Lawsuits might be costly, and many individuals won't have the money to pursue their claim. In each case, Chris Covert advance all fees related to pursuing your case and he won't ask you for a penny till he gets the cash from the defendant.
Chris Covert is an skilled aggressive trial attorney who has tried quite a few variety of jury trials. Chris Covert is just not afraid to take your case to trial if that's what it takes to maximize the amount of cash you win in your personal injury. Chris Covert Portland accident attorneys gives each clients personalized service, and he is not going to hand your case off your case to an untested lawyer.
Accidents can flip your life upside down. Filing a personal injury claim may be troublesome and time consuming. As soon as Chris Covert decides to represent you, you'll be able to get on with your life.
Insurance companies have attorneys and adjusters whose sole aim is to pay you as little as they can. You want a Portland injury attorney to fight for you. Chris Covert is devoted to doing whatever that is needed to get as much money as you can possibly recover according to the law.
Some individuals are injured in accidents due to the fault of other individual however their damages aren't serious. The insurance company might not give the injured individual any compensation, or a small amount because they are aware that attorneys will not be going to take such a small case. Nevertheless, in Oregon there's a regulation which permits for lawyer fees to be paid by the defense in small cases. It also accelerates the process. When you make a demand to the insurance company for $7,500 or less the insurance company has 30 days to respond with an offer. If they make no offer and the case goes to trial whatever amount of compensation signifies that the defense is on the hook for a large amount of legal fees. If they make a low offer and that amount is beat at trial the insurance company can also be required to pay for your attorney's fees. The reason this is important is that it forces the insurance companies to make favorable offers on small matters or take a chance paying huge legal fees. Contact Chris Covert an experience personal injury attorney to go over your options on a small case.
You need an attorney who will work exhaustingly to protect your rights, maximize your insurance settlement and reduce the hassles of dealing with the insurance companies. You need an experienced and aggressive Oregon trial lawyer with proven results who will go to length for you. Having an experienced Portland Injury Attorney could make all the difference between getting what you deserve and getting nothing.
With out the specter of an attorney who's eager to go to trial and is aiming for a sizable jury verdict, why would an insurance company pay you what your claim is absolutely valued? Lawsuits might be costly, and many individuals won't have the money to pursue their claim. In each case, Chris Covert advance all fees related to pursuing your case and he won't ask you for a penny till he gets the cash from the defendant.
Chris Covert is an skilled aggressive trial attorney who has tried quite a few variety of jury trials. Chris Covert is just not afraid to take your case to trial if that's what it takes to maximize the amount of cash you win in your personal injury. Chris Covert Portland accident attorneys gives each clients personalized service, and he is not going to hand your case off your case to an untested lawyer.
Accidents can flip your life upside down. Filing a personal injury claim may be troublesome and time consuming. As soon as Chris Covert decides to represent you, you'll be able to get on with your life.
Saturday, October 20, 2012
Certificate Of Denial
Section 1 of Article 2 of the Constitution of the United States, clearly states that in order for a person to be eligible to become President, he or she must meet the following requirements.
Must be at least 35 years old.
Must have lived in the United States for at least 14 years.
Must be a natural born citizen of the United States.
It may sound unbelievable, but President Obama has still not proved that he meets one of these requirements, the most important one, the one which if not met makes the other two irrelevant. Im of course, speaking of the requirement stating that you must be a natural born citizen of the United States!
This is a controversy that started in the summer of 2008 when people started noticing that there were conflicting reports as to where Obama was born. The mainstream story is that he was born in Hawaii on August 4, 1961. Not being able to officially verify the Hawaiian birth, people started to contact others who could help clear things up. One of these people who were contacted is a Democrat attorney from Pennsylvania by the name of Philip Berg.
Berg and others soon began filing lawsuits in order to have Obamas official birth certificate released. Not only did Obama refuse to release his birth certificate, but he hired a cadre of lawyers to fight the lawsuits filed by Berg and others.
Even if you just started kindergarten, there is an astoundingly easy and simple question that comes to mind. Why not release the birth certificate and end it all?
At first, the Obama campaign put out a document on its website, which they claimed was a copy of the birth certificate. The document however, was easily spotted as a ruse! It was actually a document called a certificate of live birth, which does not prove where the birth occurred. When the jig was up, the Obama campaign removed it from their website.
Again: Why not release the birth certificate and end it all?
As of today, there are still several pending lawsuits seeking the release of Obamas birth certificate, which Obamas attorneys are aggressively fighting.
Again: Why not release the birth certificate and stick it in the eye of all the supposed right-wing loons who claim he wasnt born in Hawaii? Why spend hundreds of thousands of dollars on attorney fees (as if hes actually paying them out of his own pocket) when all you have to do is release the birth certificate?
None of Obamas supporters can answer that very simple and direct question!
There are countless other twists and turns to this mystery. Things that revolve around Obamas childhood in Indonesia, and whether or not he was officially adopted by his Indonesian father Lolo Soetoro, and the role that would have played regarding his citizenship. Then theres the question regarding Obamas admitted trip to Pakistan in 1981. The question there is what passport did Obama use to get into Pakistan? It is assumed that he used an Indonesian passport, which would again call to question his eligibility.
Anyway, there are countless websites and articles where you can get the specific details on this whole mess. Check out WorldNetDaily and Obama Crimes.
What I want to talk about here is the reaction of many Republicans and Conservatives to this ongoing birth certificate issue.
From the very start of this controversy, back before Obama was elected president, most Republicans and Conservative commentators shied away from this topic like Dracula would shy away from a crucifix. In fact, when a caller somehow got past the call screener on a talk radio show, and mentioned the subject you could hear and feel the annoyance and uncomfortable tension of the host.
I have heard Republican/Conservative talk radio hosts such as Michael Medved, Mark Levine, John Gibson, and even Bill Cunningham glibly dismiss any questions whatsoever about the Obama eligibility issue.
Michael Medved was particularly upset one day when he scolded his audience and Conservatives not to harp on the issue! Mr. Medved even made a peculiar statement when he said that even if Obama wasnt natural born, his mother was a citizen. What???
Last Sunday (3/1/09) I heard Bill Cunningham, who in my opinion is one of the more courageous talk radio hosts, tell a caller not to focus on the birth certificate issue because even if Obama is found to not be a natural born citizen, he will never be removed from his office. Once again What???
This topic seems to be so toxic and controversial that even Rush Limbaugh doesnt want anything to do with it! The only talk radio host that I know who has actually spoke on the subject, and has had numerous guests on the air to talk about it, is the courageous Steve Malzberg, who can be heard on 710-WOR in New York City from 4 to 6 PM. (The Steve Malzberg Show)
With all due respect to the above mentioned commentators, especially Bill Cunningham. I dont really understand your fear and defensiveness regarding this subject. One thing that I am definitely not, is naive - I fully understand the whole Obama phenomenon. I also fully understand and agree that if it were ever uncovered that Obama wasnt a natural born citizen, he would not be removed from office! I think that would be a travesty for our country, and it would severely damage our constitution, but it is what it is, and I sadly accept that fact.
However, the shortsightedness and apathy from the opposition on this issue is mind-boggling. If it was proved that Obama is not a natural born citizen, and thus exposed as a liar and cheat, so what if he isnt booted out of office! Is booting Obama out of office the only reason to pursue or be interested in the truth?
If it was proved that Obama is not a natural born citizen, wouldnt that possibly be a wake up call and a giant opportunity to finally educate the public on the importance of being informed and the responsibility that comes with voting?
Wouldnt it be a monumental embarrassment to the media, and would they finally be forced to look in the mirror and possibly reform themselves?
Wouldnt it be a chance for us to once again get serious about our constitution, and to put safeguards into place to prevent that from ever happening again? If one person gets away with something, others will undoubtedly try it themselves.
Why are so many Republicans and Conservatives in the media so uneasy about finding out the truth once and for all regarding this issue? Where is the curiosity that Rush Limbaugh accuses the mainstream media of not having? If Obama is a natural born citizen great, lets move on, if he isnt, but still gets to keep his office - so what! The truth is the truth and even the Obama machine wouldnt be able to spin this one.
One last time: Why not release the birth certificate and end it all?
Must be at least 35 years old.
Must have lived in the United States for at least 14 years.
Must be a natural born citizen of the United States.
It may sound unbelievable, but President Obama has still not proved that he meets one of these requirements, the most important one, the one which if not met makes the other two irrelevant. Im of course, speaking of the requirement stating that you must be a natural born citizen of the United States!
This is a controversy that started in the summer of 2008 when people started noticing that there were conflicting reports as to where Obama was born. The mainstream story is that he was born in Hawaii on August 4, 1961. Not being able to officially verify the Hawaiian birth, people started to contact others who could help clear things up. One of these people who were contacted is a Democrat attorney from Pennsylvania by the name of Philip Berg.
Berg and others soon began filing lawsuits in order to have Obamas official birth certificate released. Not only did Obama refuse to release his birth certificate, but he hired a cadre of lawyers to fight the lawsuits filed by Berg and others.
Even if you just started kindergarten, there is an astoundingly easy and simple question that comes to mind. Why not release the birth certificate and end it all?
At first, the Obama campaign put out a document on its website, which they claimed was a copy of the birth certificate. The document however, was easily spotted as a ruse! It was actually a document called a certificate of live birth, which does not prove where the birth occurred. When the jig was up, the Obama campaign removed it from their website.
Again: Why not release the birth certificate and end it all?
As of today, there are still several pending lawsuits seeking the release of Obamas birth certificate, which Obamas attorneys are aggressively fighting.
Again: Why not release the birth certificate and stick it in the eye of all the supposed right-wing loons who claim he wasnt born in Hawaii? Why spend hundreds of thousands of dollars on attorney fees (as if hes actually paying them out of his own pocket) when all you have to do is release the birth certificate?
None of Obamas supporters can answer that very simple and direct question!
There are countless other twists and turns to this mystery. Things that revolve around Obamas childhood in Indonesia, and whether or not he was officially adopted by his Indonesian father Lolo Soetoro, and the role that would have played regarding his citizenship. Then theres the question regarding Obamas admitted trip to Pakistan in 1981. The question there is what passport did Obama use to get into Pakistan? It is assumed that he used an Indonesian passport, which would again call to question his eligibility.
Anyway, there are countless websites and articles where you can get the specific details on this whole mess. Check out WorldNetDaily and Obama Crimes.
What I want to talk about here is the reaction of many Republicans and Conservatives to this ongoing birth certificate issue.
From the very start of this controversy, back before Obama was elected president, most Republicans and Conservative commentators shied away from this topic like Dracula would shy away from a crucifix. In fact, when a caller somehow got past the call screener on a talk radio show, and mentioned the subject you could hear and feel the annoyance and uncomfortable tension of the host.
I have heard Republican/Conservative talk radio hosts such as Michael Medved, Mark Levine, John Gibson, and even Bill Cunningham glibly dismiss any questions whatsoever about the Obama eligibility issue.
Michael Medved was particularly upset one day when he scolded his audience and Conservatives not to harp on the issue! Mr. Medved even made a peculiar statement when he said that even if Obama wasnt natural born, his mother was a citizen. What???
Last Sunday (3/1/09) I heard Bill Cunningham, who in my opinion is one of the more courageous talk radio hosts, tell a caller not to focus on the birth certificate issue because even if Obama is found to not be a natural born citizen, he will never be removed from his office. Once again What???
This topic seems to be so toxic and controversial that even Rush Limbaugh doesnt want anything to do with it! The only talk radio host that I know who has actually spoke on the subject, and has had numerous guests on the air to talk about it, is the courageous Steve Malzberg, who can be heard on 710-WOR in New York City from 4 to 6 PM. (The Steve Malzberg Show)
With all due respect to the above mentioned commentators, especially Bill Cunningham. I dont really understand your fear and defensiveness regarding this subject. One thing that I am definitely not, is naive - I fully understand the whole Obama phenomenon. I also fully understand and agree that if it were ever uncovered that Obama wasnt a natural born citizen, he would not be removed from office! I think that would be a travesty for our country, and it would severely damage our constitution, but it is what it is, and I sadly accept that fact.
However, the shortsightedness and apathy from the opposition on this issue is mind-boggling. If it was proved that Obama is not a natural born citizen, and thus exposed as a liar and cheat, so what if he isnt booted out of office! Is booting Obama out of office the only reason to pursue or be interested in the truth?
If it was proved that Obama is not a natural born citizen, wouldnt that possibly be a wake up call and a giant opportunity to finally educate the public on the importance of being informed and the responsibility that comes with voting?
Wouldnt it be a monumental embarrassment to the media, and would they finally be forced to look in the mirror and possibly reform themselves?
Wouldnt it be a chance for us to once again get serious about our constitution, and to put safeguards into place to prevent that from ever happening again? If one person gets away with something, others will undoubtedly try it themselves.
Why are so many Republicans and Conservatives in the media so uneasy about finding out the truth once and for all regarding this issue? Where is the curiosity that Rush Limbaugh accuses the mainstream media of not having? If Obama is a natural born citizen great, lets move on, if he isnt, but still gets to keep his office - so what! The truth is the truth and even the Obama machine wouldnt be able to spin this one.
One last time: Why not release the birth certificate and end it all?
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