#Bankruptcy Lawyer Tooele Utah

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Bankruptcy Fraud in Business

What are the most common types of bankruptcy fraud in business?

When it comes to the different types of bankruptcy fraud, there are few offenses that are more serious than those involving businesses. When you're dealing with companies who have a lot of money—or even just a little bit—at stake in their decisions, it's easy for people to try and cheat the system.

Bankruptcy fraud can be difficult to define because it takes many different forms. It's a general term that refers to any intentional misrepresentation, deception or concealment of information relevant to a bankruptcy petition or bankruptcy proceeding. This includes understating income and assets, concealing liabilities, and overstating expenses, among other things. Here are some of the most common types of bankruptcy fraud in business:

False Income

If you file for bankruptcy and your income is higher than you said it was when you originally filed your petition, that's considered falsifying your income. It could be a specific issue like claiming less than you earn, or a more general issue like saying "I have no fixed income" when you actually have an informal arrangement with friends or family to receive regular payments from them.

False Assets

This is hiding or lying about assets in order to make yourself look poorer than you really are. For instance, if you own stock and don't report it on your bankruptcy paperwork, that's false assets. Another example would be hiding jewelry or valuable artwork in a storage unit so the trustee can't find it during the asset search process.

Understating Liabilities

Understating liabilities is one of the ways financial statements can be manipulated. When liabilities are concealed, equity, assets, and/or net earnings are inflated. Invoices are not recorded in the sub-ledger. Significant estimates of liabilities and expenses are difficult to corroborate.

Business Bankruptcy Attorney Free Consultation

If you have any questions or in need a Business Bankruptcy Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.

Ascent Law LLC

8833 S Redwood Road Suite C

West Jordan UT 84088

(801) 676-5506

https://g.page/AscentLaw

Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

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Foreclosure Lawyer Tooele Utah

Tooele is a city in Tooele County in the U.S. state of Utah. The population was 22,502 at the 2000 census, and 32,115 at the 2010 census. It is the county seat of Tooele County. About 30 minutes southwest of Salt Lake City, Tooele is known for Tooele Army Depot, for its views of the nearby Oquirrh Mountains and the Great Salt Lake. According to the United States Census Bureau, the city has a total area of 21.2 square miles (54.8 km²), of which 21.1 square miles (54.8 km²) is land and 0.04 square miles (0.1 km²) (0.09%) is water. Tooele is located on the western slope of the Oquirrh Mountains in the Tooele Valley, the next valley west of the well-known Salt Lake Valley. Many popular camping and picnic areas surround the city. The unusual name for the town is thought by some to have evolved from an old Ute Indian word for tumbleweed. This is one of many unverified explanations, as the name’s usage predated the introduction of the Russian thistle to the United States. Other explanations include that the name derives from a Native American chief, but controversy exists about whether such a chief existed. Others hypothesize that the name comes from “tuu-wiita”, the Goshute word for “black bear”, or from “tule”, a Spanish word of Aztec origin meaning “bulrush.”

How to Stop Foreclosure With a Temporary Restraining Order

The best way to temporarily stop a foreclosure up to the day before an auction, and when a homeowner does not need to otherwise declare bankruptcy, may be to file a Temporary Restraining Order (TRO). A TRO is a legal order filed by an attorney on behalf of a homeowner against their lender. In most cases, it will result in a brief delay (30 days, give or take) of a foreclosure auction – which may provide enough time for a homeowner to sell a home using other strategies or catch up the payments. TROs are a legal specialty; you must have an attorney with this specialty lined up in advance if you need to utilize this maneuver.

The advantage of a TRO is that it can be done at the last minute just before the home is actually auctioned off by the lender. In addition, it does not require the homeowner to declare bankruptcy and thus often both a bankruptcy and foreclosure can be avoided. Once the TRO is filed, the auction is stopped or nullified until the lender has the TRO lifted.

The disadvantage to filing a TRO is that it costs money and is only a temporary delay.

How Do I File a Motion to Stop Foreclosure?

If your lender intends to foreclose on your house, you have the right to fight it in court. In a judicial foreclosure, your lender must file a lawsuit to foreclose; if you file in response, you’ll be allowed to make your case before a judge. In non-judicial foreclosure the norm in several states, such as Utah–the lender doesn’t need court approval. You can still get your day in court, but only if you file a lawsuit to prevent foreclosure. • Ask the county clerk for information on the specific forms and fees your county requires. Each county may have its own legal paperwork, the Utah court system’s website states, and each county sets its own schedule of fees you have to pay to file. • File the paperwork, including a request for a temporary restraining order. A TRO, will stop foreclosure until the judge hears your case. If your lender doesn’t respond, the judge will probably approve the TRO, but you may be asked to post a bond against any financial damage this causes the lender. • Serve papers on the lender. Someone 18 or older who isn’t involved in the case must present papers to the lender notifying it of the lawsuit, and return a “proof of service” to you. The case won’t proceed until the lender is formally notified you’ve sued. • Ask for a preliminary injunction when you get your court hearing. If the judge grants the injunction, he’ll stop the foreclosure until the case is decided. The judge will issue the injunction if she believes there’s a good chance you’ll win, and if the damage you’ll suffer from foreclosure is greater than your lender suffers by delaying foreclosure. If the judge doesn’t issue the injunction, then the foreclosure clock resumes ticking.

• Present your defense. Valid defenses include that the lender made a mistake, such as crediting your payments to the wrong person; that it engaged in unfair lending practices; or that it made major procedural errors. The same defenses can be raised in judicial foreclosures.

How Foreclosure Delaying Services Work

Struggling homeowners who want to keep their homes have several options for delaying foreclosure. As the number of foreclosures nationwide increased during the housing market collapse, more foreclosure delay or “home retention services” and companies came into existence. Foreclosure delay services use every legal means, including filing lawsuits, to put off a homeowner’s foreclosure for as long as possible. With enough time, a homeowner in foreclosure may be able to stop the process.

Judicial foreclosure is the other form of foreclosure employed by lenders. In judicial or court-facilitated foreclosures, foreclosure delay service attorneys work to delay foreclosure cases using procedural challenges. Typically, foreclosure delay service attorneys first file written answers for their clients, which can buy an additional 30 to 60 days. They also file for continuances or time to prepare foreclosure defenses for their clients. Judges frequently grant these types of continuances.

Legal challenges to foreclosure cases filed by lenders are common delaying tactics. Legal challenges in foreclosure cases include for jurisdiction, especially when out of state lenders are involved. Foreclosure delay service attorneys challenging lenders over jurisdiction usually request that county courts move those cases to the federal courts. Lawyers also can challenge a lender’s legal standing by forcing the lender to prove it actually owns the loan.

Buying Homeowners Time

Foreclosure delay services are exactly that — and they don’t generally get foreclosures canceled altogether. They can buy critical time for homeowners facing imminent foreclosure to find workable foreclosure alternatives. With enough time, a homeowner facing foreclosure could line up mortgage reinstatement funding using state-offered grants, for example. Foreclosure delay also can give struggling homeowners enough time to find buyers or at least an alternative living arrangement.

Other Alternatives

Though it can be a drastic measure, filing for bankruptcy can delay an active foreclosure case. Both Chapter 7 liquidation and Chapter 13 reorganization bankruptcy feature automatic stays that halt all creditor collection activities, including foreclosure sales. Using Chapter 13 bankruptcy, a homeowner could even permanently halt foreclosure using a three- to five-year repayment plan. During Chapter 13 bankruptcy’s repayment period, delinquent mortgage payments plus lender foreclosure costs can be gradually repaid and mortgages reinstated.

How to Postpone a Trustee’s Auction

When discussing real estate, auctions are referred to as a “trustee’s auction” or “trustee’s sale date.” To postpone this sort or auction, the borrower must first be in default—meaning the borrower is not making mortgage payments. Borrowers who stop making mortgage payments will sooner or later cause the bank to foreclose. How that foreclosure is handled depends on state law, but more than half of the states in the U.S. are trust deed states, and the trustee handles foreclosures. Fannie Mae short sales that are in default are handled differently; Fannie Mae and Freddie Mac do not ordinarily postpone trustee’s auctions.

After a borrower stops making the mortgage payments, the lender notifies the trustee to initiate foreclosure proceedings. The trustee is a third party to the trust deed, a position some call “holding a naked title.” Although there is no required period before filing a Notice of Default, most lenders prefer to try to collect during the first 60 to 45 days that a borrower falls into arrears, rather than jump into foreclosure proceedings. Some states such as California require the lender to give the borrower at least 30 days’ notice before filing a Notice of Default. Once the Notice of Default is filed, a borrower has 90 days to reinstate the loan by making up the back payments and paying late charges, which include the trustee’s fees. There are a few methods that can be used in postponing an auction.

Redeem the Mortgage

Although people refer to reinstating a mortgage and redeeming a mortgage interchangeably, they are different. To redeem a mortgage is to pay off the mortgage; reinstating requires bringing the mortgage current. During the final days of a non-judicial foreclosure process, a lender is not required to accept a reinstatement but must allow a redemption.

Apply for a Loan Modification

Lenders are also not required to postpone an auction in exchange for a loan modification, but most banks will try to work out a temporary repayment schedule. This does not mean the bank will not send the home to auction, so be careful; borrowers may want to ask the bank for a written promise not to move forward with the auction. If accepted, banks will grant a temporary loan modification, and after three to six months, tell the borrower they are filing foreclosure because the borrower does not qualify for a permanent loan modification.

File for Bankruptcy

A bankruptcy filing does not permanently stop an auction, but it could postpone the auction for a while. When a debtor files for bankruptcy, the court issues an order known as an automatic stay that stops attempts from creditors to collect money—including postponing an auction. However, the lender can then file a motion to lift the automatic stay, especially if the Notice of Default was already filed.

File a Temporary Restraining Order

Most people associate a temporary restraining order with domestic abuse, but petitioning the court for protection from abuse can also include a request to postpone an auction. Borrowers will need to hire a lawyer to file a temporary restraining order, and that lawyer might need to find a reason based on fraud or some wrongdoing on the lender’s part. Even if the lawyer is successful and wins the argument, the restraining order is not permanent.

Make a Short Sale

Telling a lender that the borrower is attempting to make a short sale is generally not enough; the borrower must submit an offer to the bank from a qualified buyer. The real estate agent or lawyer handling the negotiation for the borrower then calls the bank’s negotiator and requests a postponement of the auction. Often, banks will not consider a request for a postponement until the auction is a few days away.

Fighting a Foreclosure in Court

If you believe that you have a valid argument against a pending foreclosure, you may want to go to court to fight the lender. You can respond to the lender’s lawsuit against you if the lender is using the judicial foreclosure process, or you can bring your own action in court if the lender is pursuing a non-judicial foreclosure. Defenses can be very technical and fact-specific, but generally a homeowner may want to challenge a foreclosure if the lender failed to follow the mortgage terms or the law in their state. You would need to show that this failure infringed on your rights.

For example, you might be able to stop or at least postpone a foreclosure if you did not receive proper notice of the foreclosure from the lender. Both state law and the terms of your mortgage may provide rules for the lender to follow if it decides to foreclose. Or you may be able to argue that the foreclosure resulted from errors by your mortgage servicer, such as failing to properly credit your payments and reporting that you missed them instead. If you have a right to reinstate your mortgage under state law or the terms of the mortgage, you can hold the mortgage servicer accountable for providing you with the incorrect reinstatement amount. Read more here about common errors and abuses by mortgage servicers.

Fighting a Judicial Foreclosure in Court

You will receive a summons and complaint at the outset of the lawsuit that the lender files when it is seeking a judicial foreclosure. If you want to fight the foreclosure, you should read these documents carefully and make sure that you respond within the deadline provided. You also will need to follow any court rules for your response, formally known as an answer. You may be able to reach a settlement with the lender outside court if it feels that your defense has merit. If the lender does not feel that you have a strong defense, it may file a motion for summary judgment.

A summary judgment motion is a way to dispose of a case without going through a full trial. The party seeking summary judgment argues that there is no genuine dispute of material fact and that the opposing party cannot prevail under the law. You would need to provide evidence to oppose the summary judgment motion. The judge will determine whether your defense can survive summary judgment, which means that you can proceed to trial. If the judge does not believe that you can make a defense, they will grant summary judgment to the lender and allow it to proceed with the foreclosure sale.

Fighting a Non-Judicial Foreclosure in Court

While the lender starts the court process in a judicial foreclosure, the homeowner starts the court process in a non-judicial foreclosure. This has a critical impact on the burden of proof. The lender has the burden of proof in a judicial foreclosure lawsuit, while the homeowner has the burden of proof if they are bringing a lawsuit to stop a non-judicial foreclosure. This is because, in theory, the mortgage contract provides for the lender’s right to a foreclosure, so the homeowner would be asking the court to stop an otherwise permissible process. The goal in a lawsuit against a non-judicial foreclosure is getting the court to issue an injunction against the foreclosure. This pauses the foreclosure until the judge rules on whether you have a defense or whether the foreclosure should move forward.

Foreclosure Attorney

For a Foreclosure Lawyer in Tooele Utah, call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

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Foreclosure Lawyer Tooele Utah

Tooele is a city in Tooele County in the U.S. state of Utah. The population was 22,502 at the 2000 census, and 32,115 at the 2010 census. It is the county seat of Tooele County. About 30 minutes southwest of Salt Lake City, Tooele is known for Tooele Army Depot, for its views of the nearby Oquirrh Mountains and the Great Salt Lake. According to the United States Census Bureau, the city has a total area of 21.2 square miles (54.8 km²), of which 21.1 square miles (54.8 km²) is land and 0.04 square miles (0.1 km²) (0.09%) is water. Tooele is located on the western slope of the Oquirrh Mountains in the Tooele Valley, the next valley west of the well-known Salt Lake Valley. Many popular camping and picnic areas surround the city. The unusual name for the town is thought by some to have evolved from an old Ute Indian word for tumbleweed. This is one of many unverified explanations, as the name’s usage predated the introduction of the Russian thistle to the United States. Other explanations include that the name derives from a Native American chief, but controversy exists about whether such a chief existed. Others hypothesize that the name comes from “tuu-wiita”, the Goshute word for “black bear”, or from “tule”, a Spanish word of Aztec origin meaning “bulrush.”

How to Stop Foreclosure With a Temporary Restraining Order

The best way to temporarily stop a foreclosure up to the day before an auction, and when a homeowner does not need to otherwise declare bankruptcy, may be to file a Temporary Restraining Order (TRO). A TRO is a legal order filed by an attorney on behalf of a homeowner against their lender. In most cases, it will result in a brief delay (30 days, give or take) of a foreclosure auction – which may provide enough time for a homeowner to sell a home using other strategies or catch up the payments. TROs are a legal specialty; you must have an attorney with this specialty lined up in advance if you need to utilize this maneuver.

The advantage of a TRO is that it can be done at the last minute just before the home is actually auctioned off by the lender. In addition, it does not require the homeowner to declare bankruptcy and thus often both a bankruptcy and foreclosure can be avoided. Once the TRO is filed, the auction is stopped or nullified until the lender has the TRO lifted.

The disadvantage to filing a TRO is that it costs money and is only a temporary delay.

How Do I File a Motion to Stop Foreclosure?

If your lender intends to foreclose on your house, you have the right to fight it in court. In a judicial foreclosure, your lender must file a lawsuit to foreclose; if you file in response, you’ll be allowed to make your case before a judge. In non-judicial foreclosure the norm in several states, such as Utah–the lender doesn’t need court approval. You can still get your day in court, but only if you file a lawsuit to prevent foreclosure. • Ask the county clerk for information on the specific forms and fees your county requires. Each county may have its own legal paperwork, the Utah court system’s website states, and each county sets its own schedule of fees you have to pay to file. • File the paperwork, including a request for a temporary restraining order. A TRO, will stop foreclosure until the judge hears your case. If your lender doesn’t respond, the judge will probably approve the TRO, but you may be asked to post a bond against any financial damage this causes the lender. • Serve papers on the lender. Someone 18 or older who isn’t involved in the case must present papers to the lender notifying it of the lawsuit, and return a “proof of service” to you. The case won’t proceed until the lender is formally notified you’ve sued. • Ask for a preliminary injunction when you get your court hearing. If the judge grants the injunction, he’ll stop the foreclosure until the case is decided. The judge will issue the injunction if she believes there’s a good chance you’ll win, and if the damage you’ll suffer from foreclosure is greater than your lender suffers by delaying foreclosure. If the judge doesn’t issue the injunction, then the foreclosure clock resumes ticking.

• Present your defense. Valid defenses include that the lender made a mistake, such as crediting your payments to the wrong person; that it engaged in unfair lending practices; or that it made major procedural errors. The same defenses can be raised in judicial foreclosures.

How Foreclosure Delaying Services Work

Struggling homeowners who want to keep their homes have several options for delaying foreclosure. As the number of foreclosures nationwide increased during the housing market collapse, more foreclosure delay or “home retention services” and companies came into existence. Foreclosure delay services use every legal means, including filing lawsuits, to put off a homeowner’s foreclosure for as long as possible. With enough time, a homeowner in foreclosure may be able to stop the process.

Judicial foreclosure is the other form of foreclosure employed by lenders. In judicial or court-facilitated foreclosures, foreclosure delay service attorneys work to delay foreclosure cases using procedural challenges. Typically, foreclosure delay service attorneys first file written answers for their clients, which can buy an additional 30 to 60 days. They also file for continuances or time to prepare foreclosure defenses for their clients. Judges frequently grant these types of continuances.

Legal challenges to foreclosure cases filed by lenders are common delaying tactics. Legal challenges in foreclosure cases include for jurisdiction, especially when out of state lenders are involved. Foreclosure delay service attorneys challenging lenders over jurisdiction usually request that county courts move those cases to the federal courts. Lawyers also can challenge a lender’s legal standing by forcing the lender to prove it actually owns the loan.

Buying Homeowners Time

Foreclosure delay services are exactly that — and they don’t generally get foreclosures canceled altogether. They can buy critical time for homeowners facing imminent foreclosure to find workable foreclosure alternatives. With enough time, a homeowner facing foreclosure could line up mortgage reinstatement funding using state-offered grants, for example. Foreclosure delay also can give struggling homeowners enough time to find buyers or at least an alternative living arrangement.

Other Alternatives

Though it can be a drastic measure, filing for bankruptcy can delay an active foreclosure case. Both Chapter 7 liquidation and Chapter 13 reorganization bankruptcy feature automatic stays that halt all creditor collection activities, including foreclosure sales. Using Chapter 13 bankruptcy, a homeowner could even permanently halt foreclosure using a three- to five-year repayment plan. During Chapter 13 bankruptcy’s repayment period, delinquent mortgage payments plus lender foreclosure costs can be gradually repaid and mortgages reinstated.

How to Postpone a Trustee’s Auction

When discussing real estate, auctions are referred to as a “trustee’s auction” or “trustee’s sale date.” To postpone this sort or auction, the borrower must first be in default—meaning the borrower is not making mortgage payments. Borrowers who stop making mortgage payments will sooner or later cause the bank to foreclose. How that foreclosure is handled depends on state law, but more than half of the states in the U.S. are trust deed states, and the trustee handles foreclosures. Fannie Mae short sales that are in default are handled differently; Fannie Mae and Freddie Mac do not ordinarily postpone trustee’s auctions.

After a borrower stops making the mortgage payments, the lender notifies the trustee to initiate foreclosure proceedings. The trustee is a third party to the trust deed, a position some call “holding a naked title.” Although there is no required period before filing a Notice of Default, most lenders prefer to try to collect during the first 60 to 45 days that a borrower falls into arrears, rather than jump into foreclosure proceedings. Some states such as California require the lender to give the borrower at least 30 days’ notice before filing a Notice of Default. Once the Notice of Default is filed, a borrower has 90 days to reinstate the loan by making up the back payments and paying late charges, which include the trustee’s fees. There are a few methods that can be used in postponing an auction.

Redeem the Mortgage

Although people refer to reinstating a mortgage and redeeming a mortgage interchangeably, they are different. To redeem a mortgage is to pay off the mortgage; reinstating requires bringing the mortgage current. During the final days of a non-judicial foreclosure process, a lender is not required to accept a reinstatement but must allow a redemption.

Apply for a Loan Modification

Lenders are also not required to postpone an auction in exchange for a loan modification, but most banks will try to work out a temporary repayment schedule. This does not mean the bank will not send the home to auction, so be careful; borrowers may want to ask the bank for a written promise not to move forward with the auction. If accepted, banks will grant a temporary loan modification, and after three to six months, tell the borrower they are filing foreclosure because the borrower does not qualify for a permanent loan modification.

File for Bankruptcy

A bankruptcy filing does not permanently stop an auction, but it could postpone the auction for a while. When a debtor files for bankruptcy, the court issues an order known as an automatic stay that stops attempts from creditors to collect money—including postponing an auction. However, the lender can then file a motion to lift the automatic stay, especially if the Notice of Default was already filed.

File a Temporary Restraining Order

Most people associate a temporary restraining order with domestic abuse, but petitioning the court for protection from abuse can also include a request to postpone an auction. Borrowers will need to hire a lawyer to file a temporary restraining order, and that lawyer might need to find a reason based on fraud or some wrongdoing on the lender’s part. Even if the lawyer is successful and wins the argument, the restraining order is not permanent.

Make a Short Sale

Telling a lender that the borrower is attempting to make a short sale is generally not enough; the borrower must submit an offer to the bank from a qualified buyer. The real estate agent or lawyer handling the negotiation for the borrower then calls the bank’s negotiator and requests a postponement of the auction. Often, banks will not consider a request for a postponement until the auction is a few days away.

Fighting a Foreclosure in Court

If you believe that you have a valid argument against a pending foreclosure, you may want to go to court to fight the lender. You can respond to the lender’s lawsuit against you if the lender is using the judicial foreclosure process, or you can bring your own action in court if the lender is pursuing a non-judicial foreclosure. Defenses can be very technical and fact-specific, but generally a homeowner may want to challenge a foreclosure if the lender failed to follow the mortgage terms or the law in their state. You would need to show that this failure infringed on your rights.

For example, you might be able to stop or at least postpone a foreclosure if you did not receive proper notice of the foreclosure from the lender. Both state law and the terms of your mortgage may provide rules for the lender to follow if it decides to foreclose. Or you may be able to argue that the foreclosure resulted from errors by your mortgage servicer, such as failing to properly credit your payments and reporting that you missed them instead. If you have a right to reinstate your mortgage under state law or the terms of the mortgage, you can hold the mortgage servicer accountable for providing you with the incorrect reinstatement amount. Read more here about common errors and abuses by mortgage servicers.

Fighting a Judicial Foreclosure in Court

You will receive a summons and complaint at the outset of the lawsuit that the lender files when it is seeking a judicial foreclosure. If you want to fight the foreclosure, you should read these documents carefully and make sure that you respond within the deadline provided. You also will need to follow any court rules for your response, formally known as an answer. You may be able to reach a settlement with the lender outside court if it feels that your defense has merit. If the lender does not feel that you have a strong defense, it may file a motion for summary judgment.

A summary judgment motion is a way to dispose of a case without going through a full trial. The party seeking summary judgment argues that there is no genuine dispute of material fact and that the opposing party cannot prevail under the law. You would need to provide evidence to oppose the summary judgment motion. The judge will determine whether your defense can survive summary judgment, which means that you can proceed to trial. If the judge does not believe that you can make a defense, they will grant summary judgment to the lender and allow it to proceed with the foreclosure sale.

Fighting a Non-Judicial Foreclosure in Court

While the lender starts the court process in a judicial foreclosure, the homeowner starts the court process in a non-judicial foreclosure. This has a critical impact on the burden of proof. The lender has the burden of proof in a judicial foreclosure lawsuit, while the homeowner has the burden of proof if they are bringing a lawsuit to stop a non-judicial foreclosure. This is because, in theory, the mortgage contract provides for the lender’s right to a foreclosure, so the homeowner would be asking the court to stop an otherwise permissible process. The goal in a lawsuit against a non-judicial foreclosure is getting the court to issue an injunction against the foreclosure. This pauses the foreclosure until the judge rules on whether you have a defense or whether the foreclosure should move forward.

Foreclosure Attorney

For a Foreclosure Lawyer in Tooele Utah, call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

West Valley City Utah Attorneys

Residential Loan Workout

Same Sex Marriage And Divorce

Employee Discipline Policies

REPC

File For Divorce In Utah

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Foreclosure Lawyer Tooele Utah

Tooele is a city in Tooele County in the U.S. state of Utah. The population was 22,502 at the 2000 census, and 32,115 at the 2010 census. It is the county seat of Tooele County. About 30 minutes southwest of Salt Lake City, Tooele is known for Tooele Army Depot, for its views of the nearby Oquirrh Mountains and the Great Salt Lake. According to the United States Census Bureau, the city has a total area of 21.2 square miles (54.8 km²), of which 21.1 square miles (54.8 km²) is land and 0.04 square miles (0.1 km²) (0.09%) is water. Tooele is located on the western slope of the Oquirrh Mountains in the Tooele Valley, the next valley west of the well-known Salt Lake Valley. Many popular camping and picnic areas surround the city. The unusual name for the town is thought by some to have evolved from an old Ute Indian word for tumbleweed. This is one of many unverified explanations, as the name’s usage predated the introduction of the Russian thistle to the United States. Other explanations include that the name derives from a Native American chief, but controversy exists about whether such a chief existed. Others hypothesize that the name comes from “tuu-wiita”, the Goshute word for “black bear”, or from “tule”, a Spanish word of Aztec origin meaning “bulrush.”

How to Stop Foreclosure With a Temporary Restraining Order

The best way to temporarily stop a foreclosure up to the day before an auction, and when a homeowner does not need to otherwise declare bankruptcy, may be to file a Temporary Restraining Order (TRO). A TRO is a legal order filed by an attorney on behalf of a homeowner against their lender. In most cases, it will result in a brief delay (30 days, give or take) of a foreclosure auction – which may provide enough time for a homeowner to sell a home using other strategies or catch up the payments. TROs are a legal specialty; you must have an attorney with this specialty lined up in advance if you need to utilize this maneuver.

The advantage of a TRO is that it can be done at the last minute just before the home is actually auctioned off by the lender. In addition, it does not require the homeowner to declare bankruptcy and thus often both a bankruptcy and foreclosure can be avoided. Once the TRO is filed, the auction is stopped or nullified until the lender has the TRO lifted.

The disadvantage to filing a TRO is that it costs money and is only a temporary delay.

How Do I File a Motion to Stop Foreclosure?

If your lender intends to foreclose on your house, you have the right to fight it in court. In a judicial foreclosure, your lender must file a lawsuit to foreclose; if you file in response, you’ll be allowed to make your case before a judge. In non-judicial foreclosure the norm in several states, such as Utah–the lender doesn’t need court approval. You can still get your day in court, but only if you file a lawsuit to prevent foreclosure. • Ask the county clerk for information on the specific forms and fees your county requires. Each county may have its own legal paperwork, the Utah court system’s website states, and each county sets its own schedule of fees you have to pay to file. • File the paperwork, including a request for a temporary restraining order. A TRO, will stop foreclosure until the judge hears your case. If your lender doesn’t respond, the judge will probably approve the TRO, but you may be asked to post a bond against any financial damage this causes the lender. • Serve papers on the lender. Someone 18 or older who isn’t involved in the case must present papers to the lender notifying it of the lawsuit, and return a “proof of service” to you. The case won’t proceed until the lender is formally notified you’ve sued. • Ask for a preliminary injunction when you get your court hearing. If the judge grants the injunction, he’ll stop the foreclosure until the case is decided. The judge will issue the injunction if she believes there’s a good chance you’ll win, and if the damage you’ll suffer from foreclosure is greater than your lender suffers by delaying foreclosure. If the judge doesn’t issue the injunction, then the foreclosure clock resumes ticking.

• Present your defense. Valid defenses include that the lender made a mistake, such as crediting your payments to the wrong person; that it engaged in unfair lending practices; or that it made major procedural errors. The same defenses can be raised in judicial foreclosures.

How Foreclosure Delaying Services Work

Struggling homeowners who want to keep their homes have several options for delaying foreclosure. As the number of foreclosures nationwide increased during the housing market collapse, more foreclosure delay or “home retention services” and companies came into existence. Foreclosure delay services use every legal means, including filing lawsuits, to put off a homeowner’s foreclosure for as long as possible. With enough time, a homeowner in foreclosure may be able to stop the process.

Judicial foreclosure is the other form of foreclosure employed by lenders. In judicial or court-facilitated foreclosures, foreclosure delay service attorneys work to delay foreclosure cases using procedural challenges. Typically, foreclosure delay service attorneys first file written answers for their clients, which can buy an additional 30 to 60 days. They also file for continuances or time to prepare foreclosure defenses for their clients. Judges frequently grant these types of continuances.

Legal challenges to foreclosure cases filed by lenders are common delaying tactics. Legal challenges in foreclosure cases include for jurisdiction, especially when out of state lenders are involved. Foreclosure delay service attorneys challenging lenders over jurisdiction usually request that county courts move those cases to the federal courts. Lawyers also can challenge a lender’s legal standing by forcing the lender to prove it actually owns the loan.

Buying Homeowners Time

Foreclosure delay services are exactly that — and they don’t generally get foreclosures canceled altogether. They can buy critical time for homeowners facing imminent foreclosure to find workable foreclosure alternatives. With enough time, a homeowner facing foreclosure could line up mortgage reinstatement funding using state-offered grants, for example. Foreclosure delay also can give struggling homeowners enough time to find buyers or at least an alternative living arrangement.

Other Alternatives

Though it can be a drastic measure, filing for bankruptcy can delay an active foreclosure case. Both Chapter 7 liquidation and Chapter 13 reorganization bankruptcy feature automatic stays that halt all creditor collection activities, including foreclosure sales. Using Chapter 13 bankruptcy, a homeowner could even permanently halt foreclosure using a three- to five-year repayment plan. During Chapter 13 bankruptcy’s repayment period, delinquent mortgage payments plus lender foreclosure costs can be gradually repaid and mortgages reinstated.

How to Postpone a Trustee’s Auction

When discussing real estate, auctions are referred to as a “trustee’s auction” or “trustee’s sale date.” To postpone this sort or auction, the borrower must first be in default—meaning the borrower is not making mortgage payments. Borrowers who stop making mortgage payments will sooner or later cause the bank to foreclose. How that foreclosure is handled depends on state law, but more than half of the states in the U.S. are trust deed states, and the trustee handles foreclosures. Fannie Mae short sales that are in default are handled differently; Fannie Mae and Freddie Mac do not ordinarily postpone trustee’s auctions.

After a borrower stops making the mortgage payments, the lender notifies the trustee to initiate foreclosure proceedings. The trustee is a third party to the trust deed, a position some call “holding a naked title.” Although there is no required period before filing a Notice of Default, most lenders prefer to try to collect during the first 60 to 45 days that a borrower falls into arrears, rather than jump into foreclosure proceedings. Some states such as California require the lender to give the borrower at least 30 days’ notice before filing a Notice of Default. Once the Notice of Default is filed, a borrower has 90 days to reinstate the loan by making up the back payments and paying late charges, which include the trustee’s fees. There are a few methods that can be used in postponing an auction.

Redeem the Mortgage

Although people refer to reinstating a mortgage and redeeming a mortgage interchangeably, they are different. To redeem a mortgage is to pay off the mortgage; reinstating requires bringing the mortgage current. During the final days of a non-judicial foreclosure process, a lender is not required to accept a reinstatement but must allow a redemption.

Apply for a Loan Modification

Lenders are also not required to postpone an auction in exchange for a loan modification, but most banks will try to work out a temporary repayment schedule. This does not mean the bank will not send the home to auction, so be careful; borrowers may want to ask the bank for a written promise not to move forward with the auction. If accepted, banks will grant a temporary loan modification, and after three to six months, tell the borrower they are filing foreclosure because the borrower does not qualify for a permanent loan modification.

File for Bankruptcy

A bankruptcy filing does not permanently stop an auction, but it could postpone the auction for a while. When a debtor files for bankruptcy, the court issues an order known as an automatic stay that stops attempts from creditors to collect money—including postponing an auction. However, the lender can then file a motion to lift the automatic stay, especially if the Notice of Default was already filed.

File a Temporary Restraining Order

Most people associate a temporary restraining order with domestic abuse, but petitioning the court for protection from abuse can also include a request to postpone an auction. Borrowers will need to hire a lawyer to file a temporary restraining order, and that lawyer might need to find a reason based on fraud or some wrongdoing on the lender’s part. Even if the lawyer is successful and wins the argument, the restraining order is not permanent.

Make a Short Sale

Telling a lender that the borrower is attempting to make a short sale is generally not enough; the borrower must submit an offer to the bank from a qualified buyer. The real estate agent or lawyer handling the negotiation for the borrower then calls the bank’s negotiator and requests a postponement of the auction. Often, banks will not consider a request for a postponement until the auction is a few days away.

Fighting a Foreclosure in Court

If you believe that you have a valid argument against a pending foreclosure, you may want to go to court to fight the lender. You can respond to the lender’s lawsuit against you if the lender is using the judicial foreclosure process, or you can bring your own action in court if the lender is pursuing a non-judicial foreclosure. Defenses can be very technical and fact-specific, but generally a homeowner may want to challenge a foreclosure if the lender failed to follow the mortgage terms or the law in their state. You would need to show that this failure infringed on your rights.

For example, you might be able to stop or at least postpone a foreclosure if you did not receive proper notice of the foreclosure from the lender. Both state law and the terms of your mortgage may provide rules for the lender to follow if it decides to foreclose. Or you may be able to argue that the foreclosure resulted from errors by your mortgage servicer, such as failing to properly credit your payments and reporting that you missed them instead. If you have a right to reinstate your mortgage under state law or the terms of the mortgage, you can hold the mortgage servicer accountable for providing you with the incorrect reinstatement amount. Read more here about common errors and abuses by mortgage servicers.

Fighting a Judicial Foreclosure in Court

You will receive a summons and complaint at the outset of the lawsuit that the lender files when it is seeking a judicial foreclosure. If you want to fight the foreclosure, you should read these documents carefully and make sure that you respond within the deadline provided. You also will need to follow any court rules for your response, formally known as an answer. You may be able to reach a settlement with the lender outside court if it feels that your defense has merit. If the lender does not feel that you have a strong defense, it may file a motion for summary judgment.

A summary judgment motion is a way to dispose of a case without going through a full trial. The party seeking summary judgment argues that there is no genuine dispute of material fact and that the opposing party cannot prevail under the law. You would need to provide evidence to oppose the summary judgment motion. The judge will determine whether your defense can survive summary judgment, which means that you can proceed to trial. If the judge does not believe that you can make a defense, they will grant summary judgment to the lender and allow it to proceed with the foreclosure sale.

Fighting a Non-Judicial Foreclosure in Court

While the lender starts the court process in a judicial foreclosure, the homeowner starts the court process in a non-judicial foreclosure. This has a critical impact on the burden of proof. The lender has the burden of proof in a judicial foreclosure lawsuit, while the homeowner has the burden of proof if they are bringing a lawsuit to stop a non-judicial foreclosure. This is because, in theory, the mortgage contract provides for the lender’s right to a foreclosure, so the homeowner would be asking the court to stop an otherwise permissible process. The goal in a lawsuit against a non-judicial foreclosure is getting the court to issue an injunction against the foreclosure. This pauses the foreclosure until the judge rules on whether you have a defense or whether the foreclosure should move forward.

Foreclosure Attorney

For a Foreclosure Lawyer in Tooele Utah, call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

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Tax Attorney West Jordan Utah

Tax Attorney West Jordan Utah

When it comes to personal and business taxes in Utah, there are essentially two government bodies that we work with. First is the Internal Revenue Service, also known as the IRS, and the second is the Utah State Tax Commission or USTC. Both of these entities are in charge of collecting and assessing taxes from businesses and individuals in Utah.

Typically, most people can prepare and file their tax returns on their own each year; however, some businesses and individuals should have either an accountant or a tax attorney help them get their taxes done.

Why Would I Need A Tax Lawyer?

You should consider having a lawyer prepare and file your taxes if you have set up complex trusts, have business accounting issues, have had trouble with the IRS in the past, or if you are concerned about an issue in either your personal or business tax filings.

Additionally, if you have received a CP 504 Notice from the IRS, or other tax notices which state that you have delinquent taxes owing, or if you haven’t filed your tax returns in several years; you should contact our office for guidance on how to proceed in your specific situation.

Can You Reduce My Taxes to Pennies on the Dollar?

Sometimes we can reduce or eliminate tax liability all together.

For example, we have a client who is a high net worth individual. He invested his retirement savings with someone who scammed him, took all of his money, and then lost it all. That individual was later criminally charged and then, a few years later, our client got a notice from the IRS stating that he owed over $150,000.00 in taxes!

Imagine his shock.

He had invested his retirements funds and lost them and now he was stuck with a huge tax bill. We obtained a form 2848 (or IRS power of attorney) from him and we got to work. We were able to reduce his tax bill down to zero. Our client was very happy.

Will the IRS Seize My Bank Account or Garnish My Wages?

If you have delinquent taxes owing and no agreement with the IRS for repayment of those taxes; then, yes, the IRS has the ability to put a levy on your assets and begin aggressive collection actions. Usually notices will come in the mail from the IRS before such action is taken; however, we have seen cases where a spouse or employee has taken the mail and our client never received notice of the levy.

You should make sure all of your taxes are paid and your tax forms filed on time. If you are delinquent, we can do an offer in compromise; an installment payment agreement or even get you on non-collectible status if necessary.

What is an Offer in Compromise?

An Offer in Compromise is when you offer the IRS less money than you currently owe on your back taxes to clear it off of their books and yours. We do an extensive analysis to determine your net worth pursuant to IRS standards. What your net worth is what you are required to “offer” to the IRS in order to settle your tax debt.

We recommend that you speak with an attorney about any Offer in Compromise that you are considering. The information required in the offer in compromise and what deductions you are allowed can be very technical.

If you put incorrect information on the forms, you could end up having your offer denied or rejected by the IRS.

The IRS has specifically trained agents who review offers in compromise, so you need to be sure that you have a tax lawyer on your side who has done many of these types of cases.

You should be aware that if you willfully engage in tax evasion, you can be criminally charged and even go to federal prison. There are no federal misdemeanor crimes, so you want to put the correct information on your tax returns, correct information on your offer in compromise, yet take every legal deduction, credit and offset that you are legally entitled to. For this reason alone, having a tax lawyer on your side is the first step you should take if you owe taxes to the IRS or USTC.

Can a Business file an offer in Compromise?

Yes and No. This is a good question. If you business is closed an no longer operating, you can file an offer in compromise for your business. If your business is still operating, you cannot file an offer in compromise. It will be rejected because the business is an ongoing concern. The IRS views businesses and revenue generating machines for them. If you have a business, the IRS will assume that you can pay all of your back taxes in full. They will want to put you into an installment agreement or have you close the business.

What is an Installment Payment Agreement?

An Installment Payment Agreement is a payment plan with the IRS or USTC. With the help of our office, we can contact the taxing agency and get you put on a payment plan. We work to get any interest, penalties, and fees waived, eliminated completely or significantly reduced. We typically need to set up these payment plans to be completed in 60 months. Sometimes, they can be for less than the total amount due and owing.

Can I do an Installment Agreement for Business tax debt?

Yes you can create an installment agreement for business tax debt. First, you can always put an installment agreement for back taxes. The problem usually shows up if you have an ongoing business the continually must pay taxes on a monthly or quarterly basis. If your back taxes are put on a plan, you must still stay current on all of your monthly and/or quarterly tax installment payments to remain in the IRS’s good graces.

What is Non-Collectible Status?

Non-collectible status (also called status 53 with the IRS) means that at this time you don’t make enough money for them to collect from you so they will leave you alone for a period of 1 year. Non-Collectible status can be renewed each year until you either are able to pay back the money to the IRS or if you are now in a position to make an offer in compromise.

If you are in non-collectible status, it might be the best time to file an offer in compromise because you will be able to settle for pennies on the dollar because you don’t have much to offer.

Utah Tax Attorneys that Fight the IRS for you

Ascent Law has several attorneys who are licensed and regularly practice in tax law, IRS settlements, and bankruptcy. We know the local IRS revenue officers and we can even meet with the IRS agents so you don’t have to.

We have offices throughout Utah, and our main office is in West Jordan. We also accept tax cases if you are located in South Jordan, Salt Lake City, Sandy, Midvale, Riverton, Draper, Magna, Alpine, Lehi, Tooele, Grantsville, American Fork, Pleasant Grove, Bountiful, Woods Cross, Lindon, Centerville, Orem, Park City, Midway, Farmington, Provo, Layton, and Heber City.

We want to help you with your IRS tax matter. Call us today to discuss your case either in person or over the phone.

Call:801-876-5875

Ascent Law LLC8833 S. Redwood Road, Suite CWest Jordan, Utah 84088 United StatesTelephone: (801) 876-5875

Ascent Law LLC

4.7 stars – based on 47 reviews

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Tooele Utah Bankruptcy Lawyer

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Can I Sue For Black Mold?

When you search for a rental house or apartment, you generally look for a place that’s affordable, in decent shape, close to work, and suitable to your personal needs. One of the last questions on your mind is whether a given property is contaminated with toxic black mold. This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after periods of exposure, including respiratory problems, internal organ damage, mental impairment, nausea, and skin inflammation. Mold also can cause irreparable property damage. And since black mold thrives in dark places lacking ventilation, it usually goes unseen until it’s too late.

But if you have reason to believe you’re rental is contaminated, suing your landlord for black mold is one way to get compensated for your injuries. The following information will help you understand your rights and legal options.

Who Is Responsible For Black Mold?

Landlords are required by law to provide proper living conditions for their tenants, free from health or safety hazards, often referred to as an “implied warranty of habitability.” The standard for habitability is generally defined as the minimum required by your local jurisdiction’s building code, which addresses the health and safety concerns of tenants. While certain minor problems such as drippy faucets are not considered crucial to habitability, toxic mold certainly is.

Since the landlord-tenant relationship is legally defined through contract (the lease agreement), contractual provisions addressing things like plumbing or ventilation defects — which may contribute to mold growth — would be enforceable. So if the contract states that the landlord is responsible for promptly fixing all plumbing problems, but a leaky pipe eventually leads to black mold growth, failure to fix the problem could lead to a breach of contract lawsuit.

Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven’t suffered any health problems from being exposed. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold (preferably in writing, in order to establish a record). The landlord is legally responsible for removing the mold and reimbursing you for any additional costs you have sustained. Even if you don’t suffer any injuries, a landlord’s failure to maintain a mold-free environment violates the implied warranty of habitability.

If the landlord fully takes care of a mold issue but you later exhibit health problems that you suspect were caused by the earlier mold exposure, you still may claim damages. If your landlord contradicts your concerns that your rental unit is contaminated with black mold, it’s up to you to pay for an inspection and testing; but landlords who refuse to even consider the presence of toxic mold in such instances may open themselves up to increased liability.

If push comes to shove, you may need to file a personal injury lawsuit against your landlord. Depending on the extent of your mold-related illness and/or property losses, and your jurisdiction’s dollar amount limits on claims, you may be able to resolve the issue in small claims court. Small claims courts generally require the parties to represent themselves and have claim limits in the $11,000 range, but are regulated at the state level and change from time to time. About 15 years ago in Utah, the maximum small claims court case in Justice Courts was $10,000.00.

If the dollar amount is higher than your state’s small claims limit, which may be the case if your illness requires extensive treatment (including lost wages in addition to medical costs), you may need to consider working with an attorney to file a more formal injury claim.

Every case is different, but damages for black mold contamination may include the following:

• Medical expenses related to the mold exposure; this may include future expenses as well, if you are able to prove the need for ongoing medical care.

• Lost wages as a result of the illness, time spent removing mold from the rental property, or other mold-related causes.

• Destruction of property related to mold contamination.

• Loss of earning capacity as a result of injuries.

• Pain and suffering.

Black Mold Lawyer Free Consultation

When you have a case for black mold in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. As Real Estate Lawyers, we can help you with Quiet Title Actions. Eviction Actions. Lawsuits regarding real estate. Partion Actions. Boundary Disputes. Zoning. Use Permits. And Much More. If it deals with real property law in Utah, wee want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C <span itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Can I Sue For Black Mold?

When you search for a rental house or apartment, you generally look for a place that’s affordable, in decent shape, close to work, and suitable to your personal needs. One of the last questions on your mind is whether a given property is contaminated with toxic black mold. This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after periods of exposure, including respiratory problems, internal organ damage, mental impairment, nausea, and skin inflammation. Mold also can cause irreparable property damage. And since black mold thrives in dark places lacking ventilation, it usually goes unseen until it’s too late.

But if you have reason to believe you’re rental is contaminated, suing your landlord for black mold is one way to get compensated for your injuries. The following information will help you understand your rights and legal options.

Who Is Responsible For Black Mold?

Landlords are required by law to provide proper living conditions for their tenants, free from health or safety hazards, often referred to as an “implied warranty of habitability.” The standard for habitability is generally defined as the minimum required by your local jurisdiction’s building code, which addresses the health and safety concerns of tenants. While certain minor problems such as drippy faucets are not considered crucial to habitability, toxic mold certainly is.

Since the landlord-tenant relationship is legally defined through contract (the lease agreement), contractual provisions addressing things like plumbing or ventilation defects — which may contribute to mold growth — would be enforceable. So if the contract states that the landlord is responsible for promptly fixing all plumbing problems, but a leaky pipe eventually leads to black mold growth, failure to fix the problem could lead to a breach of contract lawsuit.

Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven’t suffered any health problems from being exposed. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold (preferably in writing, in order to establish a record). The landlord is legally responsible for removing the mold and reimbursing you for any additional costs you have sustained. Even if you don’t suffer any injuries, a landlord’s failure to maintain a mold-free environment violates the implied warranty of habitability.

If the landlord fully takes care of a mold issue but you later exhibit health problems that you suspect were caused by the earlier mold exposure, you still may claim damages. If your landlord contradicts your concerns that your rental unit is contaminated with black mold, it’s up to you to pay for an inspection and testing; but landlords who refuse to even consider the presence of toxic mold in such instances may open themselves up to increased liability.

If push comes to shove, you may need to file a personal injury lawsuit against your landlord. Depending on the extent of your mold-related illness and/or property losses, and your jurisdiction’s dollar amount limits on claims, you may be able to resolve the issue in small claims court. Small claims courts generally require the parties to represent themselves and have claim limits in the $11,000 range, but are regulated at the state level and change from time to time. About 15 years ago in Utah, the maximum small claims court case in Justice Courts was $10,000.00.

If the dollar amount is higher than your state’s small claims limit, which may be the case if your illness requires extensive treatment (including lost wages in addition to medical costs), you may need to consider working with an attorney to file a more formal injury claim.

Every case is different, but damages for black mold contamination may include the following:

• Medical expenses related to the mold exposure; this may include future expenses as well, if you are able to prove the need for ongoing medical care.

• Lost wages as a result of the illness, time spent removing mold from the rental property, or other mold-related causes.

• Destruction of property related to mold contamination.

• Loss of earning capacity as a result of injuries.

• Pain and suffering.

Black Mold Lawyer Free Consultation

When you have a case for black mold in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. As Real Estate Lawyers, we can help you with Quiet Title Actions. Eviction Actions. Lawsuits regarding real estate. Partion Actions. Boundary Disputes. Zoning. Use Permits. And Much More. If it deals with real property law in Utah, wee want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C <span itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: https://www.ascentlawfirm.com/can-i-sue-for-black-mold/

[mayarosa47]

Can I Sue For Black Mold?

When you search for a rental house or apartment, you generally look for a place that’s affordable, in decent shape, close to work, and suitable to your personal needs. One of the last questions on your mind is whether a given property is contaminated with toxic black mold. This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after periods of exposure, including respiratory problems, internal organ damage, mental impairment, nausea, and skin inflammation. Mold also can cause irreparable property damage. And since black mold thrives in dark places lacking ventilation, it usually goes unseen until it’s too late.

But if you have reason to believe you’re rental is contaminated, suing your landlord for black mold is one way to get compensated for your injuries. The following information will help you understand your rights and legal options.

Who Is Responsible For Black Mold?

Landlords are required by law

to provide proper living conditions for their tenants, free from health or safety hazards, often referred to as an “implied warranty of habitability.” The standard for habitability is generally defined as the minimum required by your local jurisdiction’s building code, which addresses the health and safety concerns of tenants. While certain minor problems such as drippy faucets are not considered crucial to habitability, toxic mold certainly is.

Since the landlord-tenant relationship is legally defined through contract (the lease agreement), contractual provisions addressing things like plumbing or ventilation defects — which may contribute to mold growth — would be enforceable. So if the contract states that the landlord is responsible for promptly fixing all plumbing problems, but a leaky pipe eventually leads to black mold growth, failure to fix the problem could lead to a breach of contract lawsuit.

Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven’t suffered any health problems from being exposed. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold (preferably in writing, in order to establish a record). The landlord is legally responsible for removing the mold and reimbursing you for any additional costs you have sustained. Even if you don’t suffer any injuries, a landlord’s failure to maintain a mold-free environment violates the implied warranty of habitability.

If the landlord fully takes care of a mold issue but you later exhibit health problems that you suspect were caused by the earlier mold exposure, you still may claim damages. If your landlord contradicts your concerns that your rental unit is contaminated with black mold, it’s up to you to pay for an inspection and testing; but landlords who refuse to even consider the presence of toxic mold in such instances may open themselves up to increased liability.

If push comes to shove, you may need to file a personal injury lawsuit against your landlord. Depending on the extent of your mold-related illness and/or property losses, and your jurisdiction’s dollar amount limits on claims, you may be able to resolve the issue in small claims court. Small claims courts generally require the parties to represent themselves and have claim limits in the $11,000 range, but are regulated at the state level and change from time to time. About 15 years ago in Utah, the maximum small claims court case in Justice Courts was $10,000.00.

If the dollar amount is higher than your state’s small claims limit, which may be the case if your illness requires extensive treatment (including lost wages in addition to medical costs), you may need to consider working with an attorney to file a more formal injury claim.

Every case is different, but damages for black mold contamination may include the following:

• Medical expenses related to the mold exposure; this may include future expenses as well, if you are able to prove the need for ongoing medical care.

• Lost wages as a result of the illness, time spent removing mold from the rental property, or other mold-related causes.

• Destruction of property related to mold contamination.

• Loss of earning capacity as a result of injuries.

• Pain and suffering.

Black Mold Lawyer Free Consultation

When you have a case for black mold in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. As Real Estate Lawyers, we can help you with Quiet Title Actions. Eviction Actions. Lawsuits regarding real estate. Partion Actions. Boundary Disputes. Zoning. Use Permits. And Much More. If it deals with real property law in Utah, wee want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

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from https://www.ascentlawfirm.com/can-i-sue-for-black-mold/

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[aretia]

Can I Sue For Black Mold?

When you search for a rental house or apartment, you generally look for a place that’s affordable, in decent shape, close to work, and suitable to your personal needs. One of the last questions on your mind is whether a given property is contaminated with toxic black mold. This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after periods of exposure, including respiratory problems, internal organ damage, mental impairment, nausea, and skin inflammation. Mold also can cause irreparable property damage. And since black mold thrives in dark places lacking ventilation, it usually goes unseen until it’s too late.

But if you have reason to believe you’re rental is contaminated, suing your landlord for black mold is one way to get compensated for your injuries. The following information will help you understand your rights and legal options.

Who Is Responsible For Black Mold?

Landlords are required by law to provide proper living conditions for their tenants, free from health or safety hazards, often referred to as an “implied warranty of habitability.” The standard for habitability is generally defined as the minimum required by your local jurisdiction’s building code, which addresses the health and safety concerns of tenants. While certain minor problems such as drippy faucets are not considered crucial to habitability, toxic mold certainly is.

Since the landlord-tenant relationship is legally defined through contract (the lease agreement), contractual provisions addressing things like plumbing or ventilation defects — which may contribute to mold growth — would be enforceable. So if the contract states that the landlord is responsible for promptly fixing all plumbing problems, but a leaky pipe eventually leads to black mold growth, failure to fix the problem could lead to a breach of contract lawsuit.

Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven’t suffered any health problems from being exposed. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold (preferably in writing, in order to establish a record). The landlord is legally responsible for removing the mold and reimbursing you for any additional costs you have sustained. Even if you don’t suffer any injuries, a landlord’s failure to maintain a mold-free environment violates the implied warranty of habitability.

If the landlord fully takes care of a mold issue but you later exhibit health problems that you suspect were caused by the earlier mold exposure, you still may claim damages. If your landlord contradicts your concerns that your rental unit is contaminated with black mold, it’s up to you to pay for an inspection and testing; but landlords who refuse to even consider the presence of toxic mold in such instances may open themselves up to increased liability.

If push comes to shove, you may need to file a personal injury lawsuit against your landlord. Depending on the extent of your mold-related illness and/or property losses, and your jurisdiction’s dollar amount limits on claims, you may be able to resolve the issue in small claims court. Small claims courts generally require the parties to represent themselves and have claim limits in the $11,000 range, but are regulated at the state level and change from time to time. About 15 years ago in Utah, the maximum small claims court case in Justice Courts was $10,000.00.

If the dollar amount is higher than your state’s small claims limit, which may be the case if your illness requires extensive treatment (including lost wages in addition to medical costs), you may need to consider working with an attorney to file a more formal injury claim.

Every case is different, but damages for black mold contamination may include the following:

• Medical expenses related to the mold exposure; this may include future expenses as well, if you are able to prove the need for ongoing medical care.

• Lost wages as a result of the illness, time spent removing mold from the rental property, or other mold-related causes.

• Destruction of property related to mold contamination.

• Loss of earning capacity as a result of injuries.

• Pain and suffering.

Black Mold Lawyer Free Consultation

When you have a case for black mold in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. As Real Estate Lawyers, we can help you with Quiet Title Actions. Eviction Actions. Lawsuits regarding real estate. Partion Actions. Boundary Disputes. Zoning. Use Permits. And Much More. If it deals with real property law in Utah, wee want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C <span itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: https://www.ascentlawfirm.com/can-i-sue-for-black-mold/

[gonnagoandrunwiththehorses]

Can I Sue For Black Mold?

When you search for a rental house or apartment, you generally look for a place that’s affordable, in decent shape, close to work, and suitable to your personal needs. One of the last questions on your mind is whether a given property is contaminated with toxic black mold. This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after periods of exposure, including respiratory problems, internal organ damage, mental impairment, nausea, and skin inflammation. Mold also can cause irreparable property damage. And since black mold thrives in dark places lacking ventilation, it usually goes unseen until it’s too late.

But if you have reason to believe you’re rental is contaminated, suing your landlord for black mold is one way to get compensated for your injuries. The following information will help you understand your rights and legal options.

Who Is Responsible For Black Mold?

Landlords are required by law

to provide proper living conditions for their tenants, free from health or safety hazards, often referred to as an “implied warranty of habitability.” The standard for habitability is generally defined as the minimum required by your local jurisdiction’s building code, which addresses the health and safety concerns of tenants. While certain minor problems such as drippy faucets are not considered crucial to habitability, toxic mold certainly is.

Since the landlord-tenant relationship is legally defined through contract (the lease agreement), contractual provisions addressing things like plumbing or ventilation defects — which may contribute to mold growth — would be enforceable. So if the contract states that the landlord is responsible for promptly fixing all plumbing problems, but a leaky pipe eventually leads to black mold growth, failure to fix the problem could lead to a breach of contract lawsuit.

Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven’t suffered any health problems from being exposed. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold (preferably in writing, in order to establish a record). The landlord is legally responsible for removing the mold and reimbursing you for any additional costs you have sustained. Even if you don’t suffer any injuries, a landlord’s failure to maintain a mold-free environment violates the implied warranty of habitability.

If the landlord fully takes care of a mold issue but you later exhibit health problems that you suspect were caused by the earlier mold exposure, you still may claim damages. If your landlord contradicts your concerns that your rental unit is contaminated with black mold, it’s up to you to pay for an inspection and testing; but landlords who refuse to even consider the presence of toxic mold in such instances may open themselves up to increased liability.

If push comes to shove, you may need to file a personal injury lawsuit against your landlord. Depending on the extent of your mold-related illness and/or property losses, and your jurisdiction’s dollar amount limits on claims, you may be able to resolve the issue in small claims court. Small claims courts generally require the parties to represent themselves and have claim limits in the $11,000 range, but are regulated at the state level and change from time to time. About 15 years ago in Utah, the maximum small claims court case in Justice Courts was $10,000.00.

If the dollar amount is higher than your state’s small claims limit, which may be the case if your illness requires extensive treatment (including lost wages in addition to medical costs), you may need to consider working with an attorney to file a more formal injury claim.

Every case is different, but damages for black mold contamination may include the following:

• Medical expenses related to the mold exposure; this may include future expenses as well, if you are able to prove the need for ongoing medical care.

• Lost wages as a result of the illness, time spent removing mold from the rental property, or other mold-related causes.

• Destruction of property related to mold contamination.

• Loss of earning capacity as a result of injuries.

• Pain and suffering.

Black Mold Lawyer Free Consultation

When you have a case for black mold in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. As Real Estate Lawyers, we can help you with Quiet Title Actions. Eviction Actions. Lawsuits regarding real estate. Partion Actions. Boundary Disputes. Zoning. Use Permits. And Much More. If it deals with real property law in Utah, wee want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: https://www.ascentlawfirm.com/can-i-sue-for-black-mold/

[melissawalker01]

Can I Sue For Black Mold?

When you search for a rental house or apartment, you generally look for a place that’s affordable, in decent shape, close to work, and suitable to your personal needs. One of the last questions on your mind is whether a given property is contaminated with toxic black mold. This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after periods of exposure, including respiratory problems, internal organ damage, mental impairment, nausea, and skin inflammation. Mold also can cause irreparable property damage. And since black mold thrives in dark places lacking ventilation, it usually goes unseen until it’s too late.

But if you have reason to believe you’re rental is contaminated, suing your landlord for black mold is one way to get compensated for your injuries. The following information will help you understand your rights and legal options.

Who Is Responsible For Black Mold?

Landlords are required by law

to provide proper living conditions for their tenants, free from health or safety hazards, often referred to as an “implied warranty of habitability.” The standard for habitability is generally defined as the minimum required by your local jurisdiction’s building code, which addresses the health and safety concerns of tenants. While certain minor problems such as drippy faucets are not considered crucial to habitability, toxic mold certainly is.

Since the landlord-tenant relationship is legally defined through contract (the lease agreement), contractual provisions addressing things like plumbing or ventilation defects — which may contribute to mold growth — would be enforceable. So if the contract states that the landlord is responsible for promptly fixing all plumbing problems, but a leaky pipe eventually leads to black mold growth, failure to fix the problem could lead to a breach of contract lawsuit.

Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven’t suffered any health problems from being exposed. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold (preferably in writing, in order to establish a record). The landlord is legally responsible for removing the mold and reimbursing you for any additional costs you have sustained. Even if you don’t suffer any injuries, a landlord’s failure to maintain a mold-free environment violates the implied warranty of habitability.

If the landlord fully takes care of a mold issue but you later exhibit health problems that you suspect were caused by the earlier mold exposure, you still may claim damages. If your landlord contradicts your concerns that your rental unit is contaminated with black mold, it’s up to you to pay for an inspection and testing; but landlords who refuse to even consider the presence of toxic mold in such instances may open themselves up to increased liability.

If push comes to shove, you may need to file a personal injury lawsuit against your landlord. Depending on the extent of your mold-related illness and/or property losses, and your jurisdiction’s dollar amount limits on claims, you may be able to resolve the issue in small claims court. Small claims courts generally require the parties to represent themselves and have claim limits in the $11,000 range, but are regulated at the state level and change from time to time. About 15 years ago in Utah, the maximum small claims court case in Justice Courts was $10,000.00.

If the dollar amount is higher than your state’s small claims limit, which may be the case if your illness requires extensive treatment (including lost wages in addition to medical costs), you may need to consider working with an attorney to file a more formal injury claim.

Every case is different, but damages for black mold contamination may include the following:

• Medical expenses related to the mold exposure; this may include future expenses as well, if you are able to prove the need for ongoing medical care.

• Lost wages as a result of the illness, time spent removing mold from the rental property, or other mold-related causes.

• Destruction of property related to mold contamination.

• Loss of earning capacity as a result of injuries.

• Pain and suffering.

Black Mold Lawyer Free Consultation

When you have a case for black mold in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. As Real Estate Lawyers, we can help you with Quiet Title Actions. Eviction Actions. Lawsuits regarding real estate. Partion Actions. Boundary Disputes. Zoning. Use Permits. And Much More. If it deals with real property law in Utah, wee want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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from Michael Anderson https://www.ascentlawfirm.com/can-i-sue-for-black-mold/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/190708735045

[coming-from-hell]

Can I Sue For Black Mold?

When you search for a rental house or apartment, you generally look for a place that’s affordable, in decent shape, close to work, and suitable to your personal needs. One of the last questions on your mind is whether a given property is contaminated with toxic black mold. This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after periods of exposure, including respiratory problems, internal organ damage, mental impairment, nausea, and skin inflammation. Mold also can cause irreparable property damage. And since black mold thrives in dark places lacking ventilation, it usually goes unseen until it’s too late.

But if you have reason to believe you’re rental is contaminated, suing your landlord for black mold is one way to get compensated for your injuries. The following information will help you understand your rights and legal options.

Who Is Responsible For Black Mold?

Landlords are required by law

to provide proper living conditions for their tenants, free from health or safety hazards, often referred to as an “implied warranty of habitability.” The standard for habitability is generally defined as the minimum required by your local jurisdiction’s building code, which addresses the health and safety concerns of tenants. While certain minor problems such as drippy faucets are not considered crucial to habitability, toxic mold certainly is.

Since the landlord-tenant relationship is legally defined through contract (the lease agreement), contractual provisions addressing things like plumbing or ventilation defects — which may contribute to mold growth — would be enforceable. So if the contract states that the landlord is responsible for promptly fixing all plumbing problems, but a leaky pipe eventually leads to black mold growth, failure to fix the problem could lead to a breach of contract lawsuit.

Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven’t suffered any health problems from being exposed. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold (preferably in writing, in order to establish a record). The landlord is legally responsible for removing the mold and reimbursing you for any additional costs you have sustained. Even if you don’t suffer any injuries, a landlord’s failure to maintain a mold-free environment violates the implied warranty of habitability.

If the landlord fully takes care of a mold issue but you later exhibit health problems that you suspect were caused by the earlier mold exposure, you still may claim damages. If your landlord contradicts your concerns that your rental unit is contaminated with black mold, it’s up to you to pay for an inspection and testing; but landlords who refuse to even consider the presence of toxic mold in such instances may open themselves up to increased liability.

If push comes to shove, you may need to file a personal injury lawsuit against your landlord. Depending on the extent of your mold-related illness and/or property losses, and your jurisdiction’s dollar amount limits on claims, you may be able to resolve the issue in small claims court. Small claims courts generally require the parties to represent themselves and have claim limits in the $11,000 range, but are regulated at the state level and change from time to time. About 15 years ago in Utah, the maximum small claims court case in Justice Courts was $10,000.00.

If the dollar amount is higher than your state’s small claims limit, which may be the case if your illness requires extensive treatment (including lost wages in addition to medical costs), you may need to consider working with an attorney to file a more formal injury claim.

Every case is different, but damages for black mold contamination may include the following:

• Medical expenses related to the mold exposure; this may include future expenses as well, if you are able to prove the need for ongoing medical care.

• Lost wages as a result of the illness, time spent removing mold from the rental property, or other mold-related causes.

• Destruction of property related to mold contamination.

• Loss of earning capacity as a result of injuries.

• Pain and suffering.

Black Mold Lawyer Free Consultation

When you have a case for black mold in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. As Real Estate Lawyers, we can help you with Quiet Title Actions. Eviction Actions. Lawsuits regarding real estate. Partion Actions. Boundary Disputes. Zoning. Use Permits. And Much More. If it deals with real property law in Utah, wee want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: https://www.ascentlawfirm.com/can-i-sue-for-black-mold/

[divorcelawyergunnisonutah]

Can I Sue For Black Mold?

When you search for a rental house or apartment, you generally look for a place that’s affordable, in decent shape, close to work, and suitable to your personal needs. One of the last questions on your mind is whether a given property is contaminated with toxic black mold. This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after periods of exposure, including respiratory problems, internal organ damage, mental impairment, nausea, and skin inflammation. Mold also can cause irreparable property damage. And since black mold thrives in dark places lacking ventilation, it usually goes unseen until it’s too late.

But if you have reason to believe you’re rental is contaminated, suing your landlord for black mold is one way to get compensated for your injuries. The following information will help you understand your rights and legal options.

Who Is Responsible For Black Mold?

Landlords are required by law

to provide proper living conditions for their tenants, free from health or safety hazards, often referred to as an “implied warranty of habitability.” The standard for habitability is generally defined as the minimum required by your local jurisdiction’s building code, which addresses the health and safety concerns of tenants. While certain minor problems such as drippy faucets are not considered crucial to habitability, toxic mold certainly is.

Since the landlord-tenant relationship is legally defined through contract (the lease agreement), contractual provisions addressing things like plumbing or ventilation defects — which may contribute to mold growth — would be enforceable. So if the contract states that the landlord is responsible for promptly fixing all plumbing problems, but a leaky pipe eventually leads to black mold growth, failure to fix the problem could lead to a breach of contract lawsuit.

Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven’t suffered any health problems from being exposed. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold (preferably in writing, in order to establish a record). The landlord is legally responsible for removing the mold and reimbursing you for any additional costs you have sustained. Even if you don’t suffer any injuries, a landlord’s failure to maintain a mold-free environment violates the implied warranty of habitability.

If the landlord fully takes care of a mold issue but you later exhibit health problems that you suspect were caused by the earlier mold exposure, you still may claim damages. If your landlord contradicts your concerns that your rental unit is contaminated with black mold, it’s up to you to pay for an inspection and testing; but landlords who refuse to even consider the presence of toxic mold in such instances may open themselves up to increased liability.

If push comes to shove, you may need to file a personal injury lawsuit against your landlord. Depending on the extent of your mold-related illness and/or property losses, and your jurisdiction’s dollar amount limits on claims, you may be able to resolve the issue in small claims court. Small claims courts generally require the parties to represent themselves and have claim limits in the $11,000 range, but are regulated at the state level and change from time to time. About 15 years ago in Utah, the maximum small claims court case in Justice Courts was $10,000.00.

If the dollar amount is higher than your state’s small claims limit, which may be the case if your illness requires extensive treatment (including lost wages in addition to medical costs), you may need to consider working with an attorney to file a more formal injury claim.

Every case is different, but damages for black mold contamination may include the following:

• Medical expenses related to the mold exposure; this may include future expenses as well, if you are able to prove the need for ongoing medical care.

• Lost wages as a result of the illness, time spent removing mold from the rental property, or other mold-related causes.

• Destruction of property related to mold contamination.

• Loss of earning capacity as a result of injuries.

• Pain and suffering.

Black Mold Lawyer Free Consultation

When you have a case for black mold in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. As Real Estate Lawyers, we can help you with Quiet Title Actions. Eviction Actions. Lawsuits regarding real estate. Partion Actions. Boundary Disputes. Zoning. Use Permits. And Much More. If it deals with real property law in Utah, wee want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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from Michael Anderson https://www.ascentlawfirm.com/can-i-sue-for-black-mold/

[asafeatherwould]

Can I Sue For Black Mold?

When you search for a rental house or apartment, you generally look for a place that’s affordable, in decent shape, close to work, and suitable to your personal needs. One of the last questions on your mind is whether a given property is contaminated with toxic black mold. This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after periods of exposure, including respiratory problems, internal organ damage, mental impairment, nausea, and skin inflammation. Mold also can cause irreparable property damage. And since black mold thrives in dark places lacking ventilation, it usually goes unseen until it’s too late.

But if you have reason to believe you’re rental is contaminated, suing your landlord for black mold is one way to get compensated for your injuries. The following information will help you understand your rights and legal options.

Who Is Responsible For Black Mold?

Landlords are required by law to provide proper living conditions for their tenants, free from health or safety hazards, often referred to as an “implied warranty of habitability.” The standard for habitability is generally defined as the minimum required by your local jurisdiction’s building code, which addresses the health and safety concerns of tenants. While certain minor problems such as drippy faucets are not considered crucial to habitability, toxic mold certainly is.

Since the landlord-tenant relationship is legally defined through contract (the lease agreement), contractual provisions addressing things like plumbing or ventilation defects — which may contribute to mold growth — would be enforceable. So if the contract states that the landlord is responsible for promptly fixing all plumbing problems, but a leaky pipe eventually leads to black mold growth, failure to fix the problem could lead to a breach of contract lawsuit.

Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you haven’t suffered any health problems from being exposed. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold (preferably in writing, in order to establish a record). The landlord is legally responsible for removing the mold and reimbursing you for any additional costs you have sustained. Even if you don’t suffer any injuries, a landlord’s failure to maintain a mold-free environment violates the implied warranty of habitability.

If the landlord fully takes care of a mold issue but you later exhibit health problems that you suspect were caused by the earlier mold exposure, you still may claim damages. If your landlord contradicts your concerns that your rental unit is contaminated with black mold, it’s up to you to pay for an inspection and testing; but landlords who refuse to even consider the presence of toxic mold in such instances may open themselves up to increased liability.

If push comes to shove, you may need to file a personal injury lawsuit against your landlord. Depending on the extent of your mold-related illness and/or property losses, and your jurisdiction’s dollar amount limits on claims, you may be able to resolve the issue in small claims court. Small claims courts generally require the parties to represent themselves and have claim limits in the $11,000 range, but are regulated at the state level and change from time to time. About 15 years ago in Utah, the maximum small claims court case in Justice Courts was $10,000.00.

If the dollar amount is higher than your state’s small claims limit, which may be the case if your illness requires extensive treatment (including lost wages in addition to medical costs), you may need to consider working with an attorney to file a more formal injury claim.

Every case is different, but damages for black mold contamination may include the following:

• Medical expenses related to the mold exposure; this may include future expenses as well, if you are able to prove the need for ongoing medical care.

• Lost wages as a result of the illness, time spent removing mold from the rental property, or other mold-related causes.

• Destruction of property related to mold contamination.

• Loss of earning capacity as a result of injuries.

• Pain and suffering.

Black Mold Lawyer Free Consultation

When you have a case for black mold in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. As Real Estate Lawyers, we can help you with Quiet Title Actions. Eviction Actions. Lawsuits regarding real estate. Partion Actions. Boundary Disputes. Zoning. Use Permits. And Much More. If it deals with real property law in Utah, wee want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C <span itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Real Estate Lawyer Tooele Utah

How Much Does Estate Planning Cost?

Bankruptcy Lawyer Tooele Utah

Bond With your Children After Divorce

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Source: https://www.ascentlawfirm.com/can-i-sue-for-black-mold/

[brendagomez66]

Tooele Utah Bankruptcy Lawyer

from Divorce In Utah https://divorceinutah1.blogspot.com/2019/12/tooele-utah-bankruptcy-lawyer.html