Categories
- Bail Bonds
- Bankruptcy Articles
- Business Law Articles
- Car Accident Articles
- Child Custody Articles
- Child Support Articles
- Criminal Defense Articles
- Divorce Articles
- DUI | DWI Articles
- Employment Law Articles
- Estate Planning Articles
- Family Law
- Immigration Law Articles
- Lemon Law Articles
- Medical Malpractice
- Motorcycle Accident Law
- Nursing Home Injury
- Personal Injury Articles
- Premises Liability
- Real Estate Law Articles
- Securities Law Articles
- Technology For Lawyers
- Types of Lawyers
- VA Benefits
- Wrongful Death Articles
Expert Authors
Most Rated Articles
Under Mississippi law, there are 3 methods for obtaining a divorce: Irreconcilable Differences; Irreconcilable Differences with Contested Issues and Fault Grounds.
When considering litigation, a business owner should be aware of his or her options. In addition to the courtroom, there are other forums that might be appropriate, depending on the specific needs of the business. Alternative dispute resolution (ADR), described below, may be a desirable alternative to litigation or, if the cause of action is of an eligible size, small-claims court may be another venue for an owner to consider. Class actions may also be utilized by a business in certain circumsta
While the bankruptcy legally may stay on your credit report for up to ten years, you can start rebuilding your credit immediately after discharge. One of the most important things you can do to rebuild is pay the creditors on time that report to the credit bureaus. Secured debts such as houses and cars as well as utilities typically report your payment history to the three major credit bureaus.
The best way to completely avoid a DUI traffic stop is to avoid attracting the attention of law enforcement by not violating any traffic laws. However, driving under the speed limit or signaling to turn a full mile before turning can also attract attention.
When considering divorce it is always a good idea to find a qualified family law attorney or divorce lawyer to help guide you through the labyrinth of laws and legal requirements. As a Birmingham divorce attorney I look out for the best interests of my clients went representing them in divorce court. Whether you are a husband or wife, this is a stress-filled time for many people, and my approach to compassionate representation during all phases of legal separation, divorce, child custody and oth
Here in California, however, caveat emptor no longer has application to real estate transactions. In the sale of a house or other property in California, the sellers must disclose facts known to a that materially affect the property or desirability of the property cannot be easily discovered by the buyer.
Drunk driving is the most litigated crime in Florida and throughout the United States. Police officers have strict criteria to follow when pulling individuals over and conducting field sobriety tests. They cannot pull someone over randomly unless there is a reasonable suspicion that he or she was driving under the influence.
Violating probation is a crime in the State of Florida. You may have faced serious consequences for the crime that led to probation in the first place. If you subsequently violate probation, you may now be facing a felony charge.
Having a written term sheet prepared before meeting with your attorney will not only help you organize your ideas and outline your goals for a contract, it may reduce the costs of representation by saving your lawyer time.
Most businesses have enough foresight to have their deals in writing, and almost every employer requires its employees to sign a contract, but when was the last time most of these documents were reviewed? If you're not regularly performing audits of your agreements they could be obsolete and unenforceable when you need them most.
Real Estate Law Articles
»
California Real Estate Laws
The law office of Mitchell Reed Sussman & Associates has specialized in real estate, bankruptcy and business litigation for over 30 years. They can be contacted at www.palmspringslitigationattorney.
Rate Author : Current :
2.99
/5
Rate this Article : Current :
2.97
/5
With the collapse of the real estate market, the word "foreclosure" has unfortunately become an often used word in the English language. This article will provide information about the types of foreclosures found in various states and how they work.
In the context of real estate law, foreclosure is the legal process by which a real property lender recovers possession of the real property that secures its loan. Much like the repossession of a car or furniture when the borrower does not pay, foreclosure allows the real property lender to take back the property.
The real property lender can do this because as part of its agreement to loan money to the borrower, the lender is granted a voluntary lien by the borrower which the lender can enforce should the borrower refuse or be unable to pay.
The most common form of foreclosure in the United States is known as a "non - judicial" foreclosure under the provisions of the power of sale clause contained in a mortgage or deed of trust. This method has become the most frequent type of foreclosure proceeding because unlike a "judicial" foreclosure no court action or judicial proceeding is required.
In California, for example, virtually every foreclosure is a "non - judicial" foreclosure because it takes very little time and money to take back the property from the borrower.
The "non - judicial" foreclosure process involves the sale of the property by the mortgage holder without court supervision. This process is generally much faster and cheaper than foreclosure by a court ordered judicial sale and unless stopped voluntarily by agreement between the borrower and lender, by bankruptcy stay or court a ordered stay, can take less than six months.
The "non - judicial" foreclosure has a variety of steps that culminate in a trustee's sale. At the trustee's sale the property will be auctioned to the highest bidder. Should bids not be forthcoming the property will revert back to the lender whose loan is in default. If there are bidders, the foreclosing lender can keep the proceeds to pay off its mortgage and any legal costs. Any amounts in excess of the lender's loan will be used to pay off junior or subordinate liens. Should there be a balance after the payment of all liens it will be paid over to the borrower.
Foreclosure by court action, more commonly known as a "judicial foreclosure," is available in every state and required by some. This involves a lawsuit in which the lender asks for a sale of the real property under the supervision of a court. As with other court proceedings, the constitutional dictates of "due process" permit the borrower to answer the foreclosure lawsuit and raise a variety of legal defenses. At the conclusion of the foreclosure lawsuit a decision is made by the court in favor of either the lender or borrower. Should the lender prevail, the property is sold and like with the more common "non- judicial" foreclosure the proceeds go first to satisfy the foreclosing lender; then other lien holders; and, finally, the mortgagor/borrower if any proceeds are left.
The law office of Mitchell Reed Sussman & Associates has specialized in real estate, bankruptcy and business litigation for over 30 years. They can be contacted at www.palmspringslitigationattorney.