Archive for July, 2010

Honest Answers About Divorce

admin On July - 31 - 2010Comments Off

Many don’t want to admit this, but divorce might be the only option for a healthy lifestyle. There are many things that go into the decision of whether to get a divorce or not. Since a divorce can have far-reaching effects on your life, it’s important to find out what a divorce can involve before you make your decision. We wish to cover some of the worries you may have regarding divorce and its negative effects. My spouse has filed for divorce. Can I oppose it? You can oppose the idea of it, but you cannot stop the proceedings from continuing. Once a spouse has filed for divorce, the other spouse is forced to comply with the filing. The best recourse when your spouse files for divorce is to get a divorce lawyer so you can be sure that your rights are protected immediately. In the United States and Canada, a divorce will be granted even if one spouse files and the other refuses to participate or even acknowledge the proceedings. In most states, there is the “no fault” rule, which means that you can get divorced for any reason. In this situation, your spouse can simply state “irreconcilable differences” and the divorce proceedings can get underway. What is the process for filing for divorce? File for divorce without letting your spouse know by heading to the courthouse and filling out all the required paperwork correctly. It’s best to hire an attorney to file the papers for you if you want to ensure that it is done right. If you are afraid of what your spouse might do, the whole procedure can be dealt with without their knowledge until papers are served to them. If your spouse is temperamental, this may be your best choice so that you can be away from home when he/she is served with papers, avoiding any immediate disputes. Where can I find state-specific information about laws and statutes? The best and most reputable place to find state-specific information about divorces is at your local divorce attorney’s office. They have been through divorce proceedings and they have a great deal of experience with divorces in your state. You might also be able to find forms and regulations online. If you visit your state’s official website, they might have links to divorce laws and regulations for your state. Most times, there is a small fee to download the forms needed to file for divorce in your state. Be careful, though. Make sure the website you get your information from is a reputable site. My divorce will be official in a matter of weeks. Can my spouse legally get married again before the divorce is final? Yes, in a purely technical sense. It is against the law for a person to be married to two or more people at the same time. Marrying someone else is a violation of bigamy laws in many states until your divorce is finalized. This is only a technicality, though. Most of the time, the court will not consider a second marriage as disregarding the law. While you can file suit against your spouse for breaking bigamy laws if they are getting married prior to the finalization of your divorce, this will usually be an exercise in futility since lawyers and the legal system in general usually do not pursue these cases.I have just filed for divorce. How long will it be before it is final? If you have filed for an uncontested divorce, the entire ordeal can be over in a matter of a few weeks. If you have a disputable divorce, on the other had, it could be quite awhile before the divorce is officially final. If you have children together, some states require a waiting period before actually filing the divorce papers. The court’s schedule also plays a major role in how long the divorce will take. If they have many cases to go through, you may be waiting awhile. If you talk to the court clerk, they might be able to give you an idea about how long it will be. Your divorce attorney will also have more information to give you a better idea.

Feldman Law Center ? News Regarding FDIC Loan Modifications

admin On July - 30 - 2010Comments Off

At the Feldman Law Center, our loan modification attorney team keeps their eye on all mortgage loan modification news in order to properly inform and education every client we work with.  Our California loan modification company works hard to provide top notch advice as well as a skilled legal ability to get you the best loan modification agreement possible.Recently, the federal government has been paying far more attention to the loan modification process than they have in the past.  The Federal Deposit Insurance Corporation (FDIC) and the Federal Housing Administration have rolled out plans over the last year to combat the rising foreclosure proceedings.  The FDIC loan modification program and the FHA loan modification program have received some heavy criticism from large financial institutions such as Moody’s Investor Services.  In a recent Moody’s report, the FDIC loan modification program may eventually reduce cumulative losses for mortgage loans involved in the subprime mortgage crisis.  The FDIC loan modification program is designed to help more people get quality loan modifications by creating a streamlined framework with key incentives, including:  a loss-sharing arrangement for existing investors; and a thousand dollar stipend for every successful loan modification.Ultimately however, Moody’s feels that the participation in the FDIC loan modification program might be limited, which weakens the effectiveness of the program.  The FDIC loan modification program will have a lesser cumulative impact on the losses suffered by banks, lenders and homeowners.A California loan modification can be had by utilizing the skills of a California loan modification attorney.  At the Feldman Law Center, our loan modification law firm can provide the kind of unique experience and highly sought after knowledge necessary to procure a loan modification.  Working with any lender or federal agency involves lots of red tape and bureaucratic road blocks; but with a skilled loan modification attorney, you could overcome those challenges.Many people are interested in how a loan modification can help them change their financial situation and keep them in their house for the long haul.  Throughout California, foreclosure signs are popping up in neighborhoods all over the state, and even in some areas that never thought it would happen to them.  Even such neighborhoods as Beverly Hills, Bel Air and Walnut Creek are suffering from the subprime crisis, and everyone in the state is suffering as a result.  California unemployment has reached double digits, and it could get much worse.A loan modification is an agreement between the debtor and the mortgage company to renegotiate the terms of the mortgage loan.  This is done so that the borrower can have an affordable, reasonable monthly payment, allowing them to keep making payments over the long haul.  A California home loan modification attorney can help the borrower negotiate with the lender, arrange the loan modification application and communicate with the bank or lender.  With a loan modification attorney at your side, you can get the best loan modification possible and keep yourself and your family in your home.

Adverse Possession: A Legal Law Fulfilled Illegally

admin On July - 29 - 2010Comments Off

Adverse possession is a characteristic in the field of property law or real estate law. It is defined as, acquisition of an unoccupied property, that is owned by another individual, by continued use of the land or property for a legal period by a person other than the owner. This would entitle the individual to claim ownership of the land without having to pay for any compensation to the actual owner. Persons or individuals who occupy property in this manner are called ” Squatters “.

For officially claiming adverse possession of a property, the individual must fulfill a few requirements. Let us now take a glimpse on these requirements.

•  The individual has to possess the property in a real as well as visible manner. •  The individual must possess the property mentally. This is also known as hostile possession. It means that the person who possesses the land restricts any outsiders from using it. •  The possession of the property hast to be unremitting for a statutory period. If the person leaves the property at any time, the amount of time that was spent to get adverse possession of the property is nullified.Although adverse possession is a legal term or law, it can’t be called legal. The time period of occupation of the property, before getting the title of ownership, is actually illegal. The actual property owners sometimes lose their ownership because of their negligence. As a result the squatters take the ownership of the land, after occupying it for the legally required period.Here are some steps that should help owners to keep their land or property safe from any outsiders: •  Owners should keep a lookout on the property regularly. The reason for the law of adverse possession to be in existence is that, the government wants the owners to look after their land or property and to keep it in use. •  If the owners find out or get to know about some person or people who are using the land or possessing it in anyway, the owners should immediately ask the trespassers to vacate the property. If they refuse, the owners should get an order from the court with the help of a property lawyer. •  The owners should exactly know the location and extent of their land. They may use barricades or fences to mark their land. This helps in keeping a check on the property. The law of adverse position seems favorable for the state or nation as no land remains unused. It is also profitable to the person who applies or gets the ownership of the property on the basis of this law. But for the genuine owner, it seems to be total injustice.