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mostlysignssomeportents · 3 years

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Real penalties for covid evicters

The CDC's eviction moratorium in an incredibly important piece of public-health law: people facing homelessness may not shelter in place when they're sick, and people who are rendered homeless are at risk of both contracting and spreading covid.

Despite this, many states and cities have treated the moratorium as a suggestion, not a binding law, and, of course, it's hard to get justice when you've just been evicted (the CDC seems to have brought *zero* enforcement actions against violators).

That's why the latest interim rule from the Consumer Finance Protection Bureau is so important: it affirms the CDC rule and makes many other parties liable for its violation, including, notably, landlords' lawyers and debt collectors.

https://files.consumerfinance.gov/f/documents/cfpb_debt_collection-practices-global-covid-19-pandemic_interim-final-rule_2021-04.pdf

As Adam Levitin writes for Credit Slips, this is a very big deal indeed, because in addition to expanding liability, it also expands who has a right to seek redress.

https://www.creditslips.org/creditslips/2021/04/evictions-in-violation-of-cdc-moratorium-may-violate-fair-debt-collection-practices-act.html

Under the CDC rule, only the government could punish evicters, but CFPBs rule come wiht a "private right of action." This means evicted people can seek redress for people who break the law to render them homeless, including lawyers representing lawbreaking landlords.

CFPB rules come under the Fair Debt Collection Practices Act, which also provides for statutory damages, actual damages, attorneys' fees, and class actions.

Levitin: "How many attorneys are going to want to assume this risk to further a foreclosure for a client? I suspect that an informed attorney will be much more inclined to counsel the client to follow the CDC moratorium."

It's a good example of how important a private right of action. It's why private right of action is a major sticking point in proposals for a national privacy law: the commercial surveillance industry does not want you to have recourse to legal self-defense.

Europe's flawed but crucial GDPR includes a private right of action, which is why Digital Rights Ireland is able to bring a mass action lawsuit against Facebook over its 500,000,000-user data-breach.

https://pluralistic.net/2021/04/16/where-it-hurts/#sue-facebook

Without a private right of action, people who've been harmed, even maimed or killed, by corporations have to petition DAs and Attorney Generals to take up their case, while private rights of action allow everyday people to seek justice on their own.

That's why private right of action scares the shit out of corporate lobbyists and why they've spent decades running a disinformation campaign aimed at ending it ("tort reform"), pushing lies like "The McDonald's Coffee Lawsuit."

https://www.youtube.com/watch?v=Q9DXSCpcz9E

Private right of action is especially important when it comes to housing. The collapse of the defined-benefits pension system has forced everyday people to gamble in a rigged stock market as a hedge against a starving and homeless retirement.

https://pluralistic.net/2021/01/30/meme-stocks/#stockstonks

Many everyday, middle-class Americans rely on their homes as a retirement piggy-bank, which sets up an unresolvable contradiction in American finance policy. To keep home-owners solvent, politicians have to take every possible step to make housing as expensive as possible.

When you put it that way, it's obvious why this is such a bad idea: housing is a human right and a necessity for human thriving. Policies that seek to make housing expensive ("increase property values") are as indefensible as policies to make food as expensive as possible.

So: if you own a house, you get a tax subsidy (a direct way of increasing property values). The tenants you rent it to don't get that subsidy (an indirect means to increase tax as it pushes renters into home ownership, bidding up prices).

https://prospect.org/justice/widely-beloved-tax-deduction-really-just-benefits-well-off-exacerbates-inequality/

Converting the human right to shelter into an asset that is its owner's best hope for a dignified old age distorts all kinds of policy, pushing otherwise decent people to block high-density housing because increasing housing supply decreases the value of their assets.

It sets parents to war against their children, who have to compete for the dwindling supply of available housing, or rent under conditions that favor landlords.

But (as with market-based 401k pensions), the property investment game is rigged in favor of the super-rich, who use "mom-and-pop" investors as human shields for policies that benefit private equity ghouls.

In many places in America, your landlord is almost certainly a Wall Street fund, not a nice old couple who bought "income property" for their retirement.

https://www.reuters.com/investigates/special-report/usa-housing-invitation/

Wall Street landlords spin rental income into bonds, and secure high ratings for them by turning housing into deadly slums with high payments and low costs, backstopped by evictions, once unheard of in America, now a national (and racist) epidemic.

https://www.newyorker.com/magazine/2016/02/08/forced-out

When you hear about the CDC eviction moratorium, you might picture a retiree renting out the family home after downsizing to a condo. But the median American landlord is a faceless, remorseless Wall Street fund engaged the wholesale destruction of cities and their residents.

America needs lots of housing. To get there, America needs a social safety net, a guarantee of a decent retirement for people who work hard all their lives - not a seat at a table in a rigged stock-market casino, nor a chance to destroy their kids' chances at a decent home.

Image: Arthur Rothstein (1915-1985)

"State highway officials moving evicted sharecroppers away from roadside to area between the levee and the Mississippi River, New Madrid County, Missouri"

Library of Congress:

https://www.loc.gov/resource/fsa.8a10435/

#pluralistic

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bestlawfirminanekeny-blog · 5 years

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Real Estate Attorneys

Have you decided to take the big step of buying a home or selling your valued property? No matter if your recent purchase is bigger or small, buying or selling real estate isn’t a simple process. There are many laws that dictate the specifics that most of you aren't acquainted with.

In such a case, a real estate attorney comes handy. You should consider hiring an experienced real estate agent to guide you through the legal process in the real estate industry. For any real estate expertise in Iowa, you should consider hiring Mark Gray – the best law firm in Ankeny.

Who are Real Estate Attorneys?

Real estate attorneys or real estate lawyers are legal professionals who specialize in the legal aspects of buying and selling real estate properties. A real estate lawyer may assist in many transactions associated with the transfer of property.

Many states in the US require the presence of a real estate during the transaction of real estate property namely

· Alabama

· Connecticut

· Delaware

· D.C

· Florida

· Georgia

· Kansas

· Kentucky

· Maine

· Maryland

· Massachusetts

· Mississippi

· New Hampshire

· New Jersey

· New York

· North Dakota

· Pennsylvania

· Rhode Island

· South Carolina

· Vermont

· Virginia

· West Virginia

Although your state may not require a real estate attorney to be present during the time of the transaction you will still be required to hire one to assist you with legal formalities and processes. Consider the best law firm in Ankeny for real estate expertise in Iowa. Keep in mind that having someone who is experienced with the law on your side may help you avoid any legal problems that can cause delays to your closing, and save you money in the long run.

Why do you need a Real Estate Attorney?

According to Iowa State Law, you can purchase and/or sell a residence by using a real estate licensee. Licensee is basically a salesperson or broker. However, a licensee can only help you during the transaction.

There are real estate documents that cannot be prepared by real estate licensees. Essential documents such as deeds, installment contracts, etc. are to be prepared by a real estate attorney. Realtor, Real estate licensee, agent, and attorney play different roles to assist you in the purchase or sale of your property.

·They document and review real estate transactions, including purchases, leases, inspections, and appraisals.

·They help to resolve title insurance and environmental issues related to real estate law.

·When things take a wrong turn in transactions, real estate lawyers step in to file and defend lawsuits in court. They also assist in dealing with the legal aspect of rental property and defend the rights of owners, landlords, renters, and tenant.

·They also specialize in land use, zoning, property development, property taxes, deeds, titles, and foreclosure.

Why would you need a Real Estate Attorney?

Although they specialize in and apply their legal skills to matters related to real property, there are some essential things they broadly cover.

a. Buying

Buying a new home or a property can be a serious task that requires an acute sense of expertise, especially for first-time buyers. After you’re done meeting realtors or agents and decide to buy a new property, you should consult with the real estate attorney to expedite the buying process. A real estate lawyer can help you understand the purchase agreement, prepare and process all legal documents, review closing documents prior to signature, and ensure that you receive the valid registered ownership of the new home.

According to IowaRealtors.com, Home sales grew by 3.2% in 2017 with 44,023 homes sold compared to 42,671 in 2016.

b. Selling

Like buying, selling can be a daunting task that requires a sound knowledge of the market, taxes levied on selling properties, agreements and other legal documents. Although it isn’t necessary to place a real estate agent during the transaction in Iowa, you would still require their expertise to ease the process.

A Real estate attorney can help you draw up legal documents, review any essential document that requires a signature, arrange for the transfer of deposits/security, and make arrangements for insurance verification. Although a lawyer performs fewer duties in the selling of a property than in the buying process, you would still require their expertise.

May 2019 Property Market Indicators for the State of Iowa

New Listings increased 5.4 percent for Single-Family Detached homes but decreased 2.8 percent for Townhouse-Condo homes. Pending Sales increased 1.1 percent for Single-Family Detached homes but decreased 10.1 percent for Townhouse-Condo homes. Inventory increased 4.5 percent for Single-Family Detached homes and 1.7 percent for Townhouse-Condo homes. (iowarealtors.com)

c. Benefits

Other than just buying and selling homes, real estate attorneys are beneficial for many reasons. They can be your front guy during any transaction. Their legal expertise and authority can help ease lots of processes.

They can also help simplify the legal jargons involved with real estate, tax, and state laws to make the process much less stressful.

Real estate lawyers may also help ensure that the client is legally covered (financially secured) during the entire deal.

According to the new state law authorized in 2018, Iowa will offer a 10-Year Tax-deductible saving account to go towards the purchase of the first home in Iowa.

d. Expense

Real estate attorneys do not come cheap. The clean and easy finish of work requires great expertise and effort that comes for a price. Attorneys can differ in their pricing strategy that is determined by the kind of deals they’re involved in. Some may charge flat fees while others may charge by the hour.

Be prepared to pay them a fee nonetheless. Most attorneys require payment regardless of whether the deal closes or not. Although retaining an attorney for real estate deals can be an added cost, the benefits far outweigh the costs and could save money in the future.

Most attorneys charge on an hourly basis, while others may charge for the whole process. The fringe charges may range from $150-$300.

Be prepared to pay anything from the US $500 - $1500 for a wholesome attorney job.

Real Estate Issues while Buying a Home

There are many issues that you must consider when purchasing a residence. These can apply when you purchase a property without the assistance of a realtor as well as FSBO 'For Sale by owner.'

The cost of living in Iowa is 89.5, i.e. Iowa is cheaper than most other states in the U.S. The median home price in Iowa is $141,000.

i.Offer and acceptance or real estate sales contract

Under the real estate law of Iowa, a contract for the sale of the home is only binding if it is in writing signed by the parties. Since the sale often involves a huge sum of money and the legal issues can be complex, hiring an attorney to review the sales contract becomes essential.

ii.Disclosure Requirements

A seller is required to submit the ‘Residential Property Seller Disclosure Statement form’ in accordance with the law of Iowa to the buyer once the buyer tenders an offer to purchase a house. It should be completed by the seller to the best of their knowledge. Both buyer and seller during the time of the transaction or before should sign two copies of the form and each should retain a signed copy for any future legal complications.

iii.Closing Process

Once an offer to purchase is accepted, the seller will need to locate the abstract of title for the real estate and get it updated and extended by an abstract company. The abstract lists all of the documents (e.g., deeds, mortgages, etc.) that are part of the public record at the county recorder’s office, the courts, and other government offices that affect title to the property.

iv.Closing Statement

If you’re a Buyer, and you have a lender who is providing financing then normally the lender will prepare a closing statement that reflects the purchase price, applicable credits (like accrued taxes, transfer taxes, earnest money, etc.), and the amounts due to seller at closing.

For Tax Purpose

The property taxes paid in September and March each year are actually for the prior fiscal year ending June 30 hence property taxes are always one year behind. Accrued and prorated property taxes are normally taken as a credit by the buyer against the purchase price.

v. Pre-closing

The condition of the title (as shown in the abstract) can change between the date and time of the last extension of the abstract, which is usually recited in the title opinion, and the date of closing. As part of the closing, buyers should obtain from the abstract company an oral update summarizing whether there have been any changes to the condition of title.

vi.Post-closing

After closing, the buyer or the buyer’s lender will want to record the deed, DOV, and GWHS. The abstract should be kept by the buyer or their lender.

The above details are furbished from the source IowaBar.org

Did You Know about Iowa Homestead Law?

Buying a new home also comes with the possibility of losing it. Especially when you don’t have money and creditors come calling. The primary concern should be saving your home. The Hawkeye state homestead protection laws of Iowa is designed to protect citizens from losing their homes in the event of a bankruptcy. These statutes allow a person in debt to set aside a specific amount of real property, referred to as a "homestead," that would be off-limits to certain types of creditors. The Hawkeye State allows citizens to set aside 40 acres of rural property or a half-acre of urban property under its homestead protections and caps the value of the protected personal property at $500.

Mark Gray Law Firm

Mark Gray Law Firm is a law entity practicing in the state of Iowa and is regarded as the best law firm in Ankeny. Located uptown, the lawyers with Mark Gray firm solely work with clients to buy, sell and develop both residential and commercial real estate.

We provide a wide range of legal and consulting services including, but not limited to, review and preparation of agreements, negotiations, and closings. We provide advice on the ownership of farm real estate and other commercial real estates.

Highlighted Services

· Title Opinions

· Review and preparation of purchase agreements

· Review and preparation of leases and other documents

· Closing services

· Advice and coordination with respect to 1031 transactions

· Formation of business entities for real estate holdings

· Advice and assistance with respect to real estate ownership

· Real Estate planning

#bestlawfirminankeny lawfirminankeny

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joanprimmer6 · 3 years

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When You Need a Real Estate Attorney

A real estate attorney is equipped to prepare and review documents relating to purchase agreements, mortgage documents, title documents and transfer documents.

A real estate attorney hired to handle a transaction will always attend the closing with the buyer. Closing is when the money is paid and the title is transferred. The attorney is there to ensure the transfer is legal, binding, and in the best interests of the client. More Visit: Erika Schlacter Lawyer

During the purchase of a property, the real estate attorney and staff might prepare documents, write title insurance policies, complete title searches on the property, and handle the transfer of funds for the purchase. If the purchase is being financed, the attorney is responsible for paperwork such as the federal HUD-1 Form and related transfer of funds documentation for the buyer's lender.

In the case of a real estate dispute, such as chain of title, lot line problems, or other issues involving contracts, the attorney will resolve the problem. A real estate attorney may also provide legal representation for either a buyer or a seller when a dispute winds up in a courtroom.

The real estate attorney obtains facts from both sides of the dispute and tries to bring them to a resolution. This may mean hiring a surveyor or title company to work through the details.

As noted, some states require a real estate attorney to supervise real estate transactions and be present at closing. These "attorney closing states" are Connecticut, Delaware, Georgia, Massachusetts, North Carolina, Rhode Island, South Carolina and West Virginia. Other states are considered "attorney title opinion states," meaning a lawyer is required to certify title.

These states are Alabama, Louisiana, Mississippi, North Dakota, Oklahoma, South Dakota and Wyoming. Four states Illinois, New Jersey, New York and Ohio do not require real estate lawyers, however they are typically involved in transactions according to local custom and practice.1

If you don't live in one of these states, it's up to you whether you want to hire an attorney. It may depend on your confidence in your own knowledge of the ins and outs of real estate law. Hiring one is certainly worth considering if you're trying to navigate a particularly murky or complex situation like a foreclosure or a short sale.

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