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Just What Is Commercial Foreclosure Law

admin — Wed, 02 Jul 2008 06:02:29 +0000

The cast of characters. Everyone knows what a bank is. Most of us understand what a lender is an institution from whom money is borrowed. Adding the word commercial to describe a lender simply means that the financial entity deals with businesses as opposed to individuals. Blacks Law Dictionary defines commercial loans as: loans made to businesses as distinguished from personal-consumer credit loans. Although a lender could make both commercial and consumer loans, this blog is dedicated primarily to commercial matters.The field of law. To me, commercial foreclosure law refers to the rules and procedures applicable when a business defaults on a loan secured by some kind of collateral. So, if you work for an institution that loaned money to a business, and if the borrower defaulted under the terms of the loan agreement, then commercial foreclosure law provides the judicial framework for the protection of your rights. (more…)

Lender and Receiver Both May Pay For Mismanaged Foreclosure

admin — Wed, 02 Jul 2008 06:00:15 +0000

If you deal with receiverships, this case will be of interest to you. A lender, a borrower and a court-appointed receiver have been battling one another in an Indiana federal court in connection with a failed construction project. Problems arose when a partially-constructed apartment complex deteriorated so much during a foreclosure suit that a judge condemned the property and ordered it to be demolished, resulting in damages alleged by the borrower of $4,167,881 (representing the purported value of the property pre-suit minus the value of the foundations of the buildings after demolition). In Judge Philip P. Simons words, assessing who is at fault for this mess is at the center of the action currently before the Court. In rulings filed September 18, 2006 and October 16, 2006, the Northern Districts Judge Simon brought some order to the chaos in case no. 2:02cv368, Four Winds v. American Express Tax and Consulting Services, et al. The cite to the September Opinion, which relates to the borrowers claims against the receiver, is 2006 U.S. Dist. LEXIS 71349. The October Opinion, which addresses the receivers cause of action against the lender, can be found at 2006 U.S. Dist. LEXIS 75581. (more…)

Child Support Collections in America

admin — Wed, 02 Jul 2008 05:57:50 +0000

Collecting unpaid child support can be a challenge for some custodial parents seeking assistance from the non-custodial parent. The state child support collections agency in your area have several methods they use in order to collect current or past due child support.One method used in collecting child support is income withholding, which is the most popular and convenient way of retrieving child support payments.

The state child support enforcement agency can also utilize a number of methods for enforcing child support payments. These methods are judicial action, intercepting any other sources of income, garnishing bank accounts, consumer credit bureau reporting, revoke of any licenses, and passport denial or suspension. (more…)

Small Business Entity Formation - Protect Your Personal Assets

admin — Wed, 02 Jul 2008 05:55:49 +0000

Many small businesses start as a part-time effort that grow over time, and eventually become a profit generating venture. One of the difficult questions for a small business owner is, When do I need to form an entity? A follow-up question is which type of entity to form such as a corporation (sub-chapter S or C Corporation), limited partnership (LP), limited liability partnership (LLP), or limited liability company (LLC).The business person who is a sole proprietor should be aware that his/her liability is virtually unlimited. When you do not have the protection of an entity under which your business operates, it is your personal assets that are at risk. Therefore, if a party were to sue you, your personal assets would be exposed. Many states, such as Texas, offer homestead protection so that creditors cannot foreclose on an individuals home, but such laws vary from state to state. (more…)

7 Steps To Finding The Perfect Lawyer

admin — Fri, 27 Jun 2008 06:04:36 +0000

It is your life we are talking about. Make sure that you take every necessary step to find the right lawyer for your needs. It is very hard to do this, though, with all the ads flying at you, the people soliciting you, and all the negative things that you hear about lawyers these days. But, the fact of the matter is that you can find the right lawyer and not all of them are that bad. Believe it or not, some actually get into this career not to make millions or to beat the drug companies. Some actually really want to help you. Here are some of the things to look for in your lawyer. Take these steps to find the perfect lawyer for the job.Find a lawyer that specializes in your field. This is important because you will want someone not only that knows how to handle a case like yours, but also one that will be up to date on the latest rulings and the latest procedures for your case. This simple thing can really make a large difference. Many lawyers have one or two specialties and then do other things as well. If you find one that specializes in your needs, say traffic violations or divorce, (more…)

How to File Your Application for Social Security Disability Benefits

admin — Fri, 27 Jun 2008 06:02:28 +0000

Filing your Social Security disability or Supplemental Security Income claim is a simple and brief process. Social Security disability programs are available to individuals who have long term, serious medical problems that prevent them from working. Social Security does not offer any short term disability benefits, nor is there such thing as a partial disability benefit. To qualify your disability must be significant and be expected to last 12 consecutive months.Start Your Disability Claim by Calling Social Security

There is not cost or obligation involved in filing a claim for benefits. You can begin the process by calling 800-772-1213, SSA’s toll free number. After navigating several layers of automated attendant prompts, you will find yourself speaking with a live operator who will take your claim. When you speak to the operator, (more…)

How to Get Forensic Trial Animation Admitted

admin — Fri, 27 Jun 2008 05:59:54 +0000

With continuing technological advancements, no longer must attorneys rely on traditional forms of evidence in order to prove, defend or prosecute a case. The use of forensic computer animation used as evidence has exploded, bringing with it challenges to traditional principles of evidence admissibility. As offered, these computer created animations purport to demonstrate how a certain event did or did not occur. The unique characteristic of these animations is that they act as a means to synthesize all the evidence presented at trial into one visual representation. Their use can be either greatly effective or unfairly prejudicial. Animations allegedly demonstrating how an act did or did not occur can have tremendous persuasive value in the minds of the jury. Instead of forcing the jury to integrate every theory and piece of evidence into one seamless mental thought, a forensic animation seemingly combines all pertinent facts into a visualized theory of the truth. (more…)

Delaware Incorporation - A Very Business Friendly State

admin — Fri, 27 Jun 2008 05:57:57 +0000

It could be said that Delaware incorporation is a kind ubiquitous process of forming incorporation, for both; people living in US or abroad. For instance, Delaware incorporation is advantageous to companies who intend to offer their shares to the public. Delaware incorporation is definitely much easier and beneficial for businesses when compared to the other states, because of all these contributing factors. Another benefit of Delaware incorporation is Delaware’s extensive and often easily interpretable law. Delaware incorporation is also advantageous because shareholders and directors can make decisions by unanimous written consent in place of formal meetings.Delaware Incorporation is also a great resource for companies seeking venture funds or an acquirer. Delaware incorporation is favored by sophisticated investors and may broaden corporate opportunities. (more…)

Medical Insurance Coverage And Attorney Representation

admin — Fri, 20 Jun 2008 05:28:38 +0000

The United States federal government has sponsored several social insurance programs that give benefits to qualified citizens. These programs are designed all for giving benefits and protection to well-qualified sectors of society. The classic example of these programs includes the Social Security, Medicare, the Pension Benefit Guaranty Corporation (PBGC) program, the railroad retirement program and the state-sponsored unemployment insurance programs.

This article will mean to explain in a comprehensible manner all about medical insurance (Medicare). Specifically the article will tackle basic points regarding the coverage of this social insurance program of the federal government including the value of Attorney representation and guidance in matters of claims, coverage and complaints.
All about Medical Insurance Program (Medicare) (more…)

Attorney’s Statement In Bus Mishaps Encounter

admin — Fri, 20 Jun 2008 05:26:46 +0000

In these modern days, many people find it convenient to ride a bus to get them to and from wherever they need to go in any day. This is mainly because riding bus offers safe travel in as much as it is less costly medium of transportation.

Sadly though, due to the ever increasing numbers of people using buses, the number of injuries and deaths resulting from bus accidents is also on the rise. Several reported cases of bus accidents are cast in the traffic bureau that has lead to several crippling injuries and death to thousands of people.
To note, bus accidents can now be considered as an unavoidable event that can happen anytime and anywhere bringing catastrophic injuries and hardships to the helpless victims and their families. (more…)