#Tooele Utah Lawyer
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What is Family Court?
What is Family Court?
A family court is a specialized court that deals with legal issues related to family law. This includes matters such as divorce, child custody, domestic violence, and other issues that affect the well-being of families and individuals.
Family court judges are trained in the complexities of family law and are equipped to handle the sensitive and often emotional cases that come before them. They work to provide a fair and just resolution to disputes while also taking into account the best interests of the individuals involved.
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Why Do People Go to Family Court?
People may go to family court for a variety of reasons. Some common reasons include the following:
Seeking a divorce or legal separation
Establishing or modifying child custody or support arrangements
Dealing with domestic violence or abuse
Handling issues related to adoption or guardianship
In some cases, individuals may also go to family court to request a restraining order or seek protection from a dangerous situation.
How Does the Process Work?
The process for going to family court can vary depending on the specific circumstances of each case. However, some general steps are commonly followed.
First, individuals must file a petition or complaint with the court, outlining the issues they want the court to address. This is typically done with the help of an attorney, who can guide the appropriate legal remedies and the best way to present the case.
Next, the court will schedule a hearing to allow both parties to present their arguments and evidence. This may involve testimony from witnesses and the presentation of documents and other evidence.
Once both sides have been able to present their case, the judge will make a ruling based on the evidence and the law. This ruling may be final, or it may be subject to further appeal.
Conclusion
The family court plays a critical role in addressing and resolving legal issues that affect families and individuals. Through a fair and balanced process, family court judges help to protect the rights and interests of those involved while also promoting the best interests of the family as a whole.
Family Law Attorney Free Consultation
If you are looking for a legal advice about family law or in need an attorney, call this law firm for free consultation. We have the Best Attorneys in Utah.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
https://www.ascentlawfirm.com
http://divorceinutah.xyz/what-is-family-court/
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.
#Family Court Lawyer Near Me#Family Law Attorney Utah#Tooele Utah Lawyer#Ascent Law LLC#Family Law Tooele Utah
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Decisions in Changing Your Will
Can Your Spouse Prevent You from Changing Your Will?
When it comes to planning for the future and ensuring that your assets are distributed according to your wishes, a will is an important legal document. However, you may find that you need to change your will as your circumstances change. For example, you may want to add or remove beneficiaries, or you may want to change the terms of your will to reflect a change in your circumstances.
In most cases, you have the right to change your will as you see fit. However, it's important to understand that your spouse may have some influence over your will and the changes you make to it. Here's what you need to know about how your spouse can affect your will and what you can do to protect your wishes.
The Role of Your Spouse in Your Will
In most cases, your spouse will have some role in your will, whether as a beneficiary or as the person responsible for carrying out your wishes after your death. However, your spouse does not have the authority to prevent you from making changes to your will or to force you to include specific provisions in your will.
While your spouse may express their wishes or preferences about your will, the decision about what goes into your will is up to you. You have the right to distribute your assets as you see fit, and your spouse cannot legally prevent you from changing your will.
Influencing Your Will
While your spouse cannot prevent you from changing your will, they may try to influence your decision-making process. For example, your spouse may express their wishes about how you should distribute your assets or may try to persuade you to include certain provisions in your will.
It's important to remember that you are under no obligation to follow your spouse's wishes when it comes to your will. You have the right to make your own decisions about how your assets will be distributed after your death. If you choose to include your spouse's wishes in your will, it should be because you want to, not because you feel pressured or obligated to do so.
Protecting Your Wishes
If you are concerned about your spouse trying to influence your will or prevent you from changing it, you can take steps to protect your wishes.
One option is to work with an attorney who can help you draft a will that reflects your wishes and can advise you on the legal implications of any changes you want to make. An attorney can also help you understand your rights and can guide how to navigate any conflicts that may arise with your spouse.
Another option is to communicate openly and honestly with your spouse about your wishes and the changes you want to make to your will. By discussing your plans and explaining your reasoning, you may be able to address any concerns or reservations your spouse may have and come to a mutually agreed upon plan for your will.
Will and Estate Attorney Free Consultation In Utah
If you need legal help, call this law firm and talk with our experienced attorneys about will and estate for a FREE consultation.
We help you with Estate Planning, Wills, Trusts, Power of Attorney, Health Care Directive, Estate Administration, Probate and More
Parklin Law - Estate Planning
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
40.605070, -112.027530
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.
#will attorney#will attorney near me#will lawyer utah#will lawyer near tooele utah#parklin law#law firm for wills
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Business Lawyer Cottonwood Heights Utah
Business Law is a complex and constantly evolving area of law that is essential for the success of any business. It covers a wide range of legal issues, including contracts, employment law, intellectual property, and liability, among others. Given the importance of these legal issues, businesses in Cottonwood Heights, Utah need to have a qualified and experienced business lawyer to provide legal advice, guidance, and representation.
A business lawyer in Cottonwood Heights, Utah is a professional who specializes in the legal aspects of running a business. They are trained to help business owners understand and comply with the laws and regulations that govern their operations. They also provide legal advice and representation on a variety of legal matters that businesses may encounter, including contract disputes, employment disputes, and intellectual property issues.
The roles and responsibilities of a business lawyer in Cottonwood Heights, Utah are numerous and varied. They are responsible for providing legal advice and guidance to businesses on a wide range of legal issues. This includes advising businesses on the proper legal structure for their operations, reviewing and drafting contracts, and representing businesses in legal disputes. They also help businesses comply with regulatory requirements and ensure that all necessary legal documents and filings are filed correctly and promptly. In addition, business lawyers in Tooele, Utah play a critical role in advising businesses on mergers, acquisitions, and partnerships, helping to ensure that these transactions are completed in a legally sound and effective manner.
To be an effective business lawyer in Cottonwood Heights, Utah, a person must possess several key qualifications and skills. Firstly, they must have a strong legal education and training, typically having earned a law degree and passed the bar exam. Secondly, they must have substantial experience in the practice of business law, which includes understanding the legal issues that businesses face and how to address them. Additionally, they must have excellent communication and negotiation skills, as they will often be called upon to interact with clients, opposing counsel, and government agencies. Furthermore, they must have the ability to manage complex legal matters, including conducting legal research, preparing legal documents, and negotiating settlements. Finally, they must have a thorough knowledge of local and federal laws that govern business operations in Cottonwood Heights, Utah.
Many types of businesses can benefit from the services of a business lawyer in Cottonwood Heights, Utah. Small businesses, startups, corporations, non-profit organizations, and limited liability companies (LLCs) are among the many types of businesses that can benefit from the expertise of a business lawyer. These businesses face a wide range of legal issues and challenges, and a business lawyer can provide valuable guidance and representation to help them navigate these challenges and achieve success.
To hire a business lawyer in Cottonwood Heights, Utah, it is important to take the time to research potential candidates. This may involve asking for referrals and recommendations from other business owners and conducting online research to identify lawyers with the necessary qualifications and experience. Once you have identified a list of potential candidates, it is important to review their credentials and experience to determine which lawyer is best suited to meet your legal needs. You should also schedule a consultation to discuss your legal needs and to determine whether the lawyer is a good fit for your business. Finally, it is important to choose a lawyer who meets your legal needs, budget, and communication style.
In conclusion, a business lawyer in Cottonwood Heights, Utah is an essential resource for businesses of all sizes and types. They provide legal advice and representation on a wide range of legal issues and help businesses comply with regulatory requirements and avoid legal disputes. With the right qualifications, experience, and skills, a business lawyer can help businesses in Tooele, Utah achieve success and growth.
Role and Responsibilities of a Business Lawyer in Cottonwood Heights, Utah
The role and responsibilities of a business lawyer in Tooele, Utah can vary depending on the size and type of business they are representing. However, generally speaking, business lawyers in Cottonwood Heights, Utah play a crucial role in providing legal advice and representation on a wide range of legal issues that businesses may face. Some of the key responsibilities of a business lawyer in Cottonwood Heights, Utah include:
Legal Advice and Guidance: Business lawyers in Cottonwood Heights, Utah provide legal advice and guidance to their clients on a wide range of legal issues, including contracts, employment law, intellectual property, and liability, among others. They help businesses understand the laws and regulations that govern their operations and advise them on the best course of action to take.
Contract Drafting and Review: Business lawyers in Cottonwood Heights, Utah are responsible for reviewing and drafting contracts for their clients. This includes employment contracts, supplier contracts, and customer contracts, among others. They ensure that these contracts are legally binding and protect the interests of their clients.
Representation in Legal Disputes: Business lawyers in Cottonwood Heights, Utah represent their clients in legal disputes, including contract disputes, employment disputes, and intellectual property disputes, among others. They provide their clients with the legal representation they need to achieve a favorable outcome in these disputes.
Legal Compliance and Regulatory Issues: Business lawyers in Cottonwood Heights, Utah help their clients comply with the various laws and regulations that govern their operations. This includes advising on tax laws, employment laws, and environmental laws, among others. They help their clients avoid legal disputes and penalties by ensuring that they comply with the law.
Mergers, Acquisitions, and Partnerships: Business lawyers in Cottonwood Heights, runs, Utah play a critical role in advising businesses on mergers, acquisitions, and partnerships. They help their clients navigate the complex legal issues associated with these transactions, including due diligence, negotiation, and drafting of legal agreements, among others.
In summary, the role and responsibilities of a business lawyer in Cottonwood Heights, Utah are diverse and encompass a wide range of legal issues. They play a crucial role in advising businesses on the law and providing representation in legal disputes, helping their clients achieve success and growth.
Qualifications and Skills of a Business Lawyer in Cottonwood Heights, Utah
To be a successful business lawyer in Cottonwood Heights, Utah, one must possess a specific set of qualifications and skills. Some of the key qualifications and skills of a business lawyer in Kearns, Utah include:
Legal Education: Business lawyers in Cottonwood Heights, Utah must have a Juris Doctor (J.D.) degree from an accredited law school and be licensed to practice law in the state of Utah. This requires completing a rigorous legal education that covers a wide range of legal topics and subjects.
Business Acumen: Business lawyers in Cottonwood Heights, Utah must have a strong understanding of business and commerce, including finance, economics, and accounting. They must have the ability to understand complex business issues and advise their clients on the best course of action to take.
Excellent Communication Skills: Business lawyers in Cottonwood Heights, Utah must have excellent written and verbal communication skills. They must be able to communicate complex legal concepts and ideas to their clients clearly and concisely, and e able to negotiate effectively on their client’s behalf.
Attention to Detail: Business lawyers in Cottonwood Heights, Utah must have a keen eye for detail and be able to review and analyze complex legal documents. They must be able to identify potential legal issues and take steps to address them before they become major problems.
Problem-Solving Skills: Business lawyers in Cottonwood Heights, Utah must have excellent problem-solving skills and be able to find creative solutions to complex legal problems. They must be able to think critically and analytically and find innovative ways to resolve disputes and achieve their client’s goals.
Ethical Conduct: Business lawyers in Cottonwood Heights, Utah must adhere to the highest ethical standards and be committed to providing their clients with honest and fair representation. They must be able to act with integrity and maintain their clients’ confidential information.
In conclusion, to be a successful business lawyer in Cottonwood Heights, Utah, one must possess a strong combination of legal education, business acumen, excellent communication skills, attention to detail, problem-solving skills, and ethical conduct. These qualities and skills are critical for providing effective legal representation to businesses and achieving positive outcomes for their clients.
Types of Businesses That Can Benefit from a Business Lawyer in Cottonwood Heights Utah
A variety of businesses in Cottonwood Heights, Utah can benefit from the services of a business lawyer. Some of the types of businesses that can benefit from the services of a business lawyer in Cottonwood Heights, Utah include:
Small Businesses: Small businesses in Cottonwood Heights, Utah often face a range of legal issues, including contract disputes, employment disputes, and liability issues, among others. A business lawyer can help small businesses navigate these legal issues and provide advice on the best course of action to take.
Startups: Startups in Cottonwood Heights, Utah face unique legal challenges, including intellectual property protection, venture capital financing, and employment law issues, among others. A business lawyer can help startups understand the legal issues they face and provide guidance on how to address these issues.
E-Commerce Businesses: E-commerce businesses in Cottonwood Heights, Utah face a range of legal issues, including data privacy, intellectual property, and consumer protection, among others. A business lawyer can help e-commerce businesses understand these legal issues and provide guidance on how to address them.
Real Estate Businesses: Real estate businesses in Cottonwood Heights, Utah face a range of legal issues, including contracts, zoning laws, and property disputes, among others. A business lawyer can help real estate businesses understand these legal issues and provide guidance on how to address them.
Manufacturing and Distribution Businesses: Manufacturing and distribution businesses in Cottonwood Heights, Utah face a range of legal issues, including contracts, liability, and intellectual property, among others. A business lawyer can help these businesses understand these legal issues and provide guidance on how to address them.
In fact, businesses of all sizes and types in Cottonwood Heights, Utah can benefit from the services of a business lawyer. Business lawyers in Cottonwood Heights, Utah can provide legal advice and representation on a wide range of legal issues, helping businesses navigate the complex legal landscape and achieve success and growth.
How to Hire a Business Lawyer in Cottonwood Heights Utah
Here are some steps you can follow to hire a business lawyer in Cottonwood Heights, Utah:
Identify Your Legal Needs: The first step in hiring a business lawyer in Tooele, Utah is to determine your legal needs. Consider the types of legal issues your business is facing, and identify the areas where you need legal assistance.
Research and Gather Referrals: Once you have identified your legal needs, research and gather referrals to find qualified business lawyers in Cottonwood Heights, Utah. You can ask for referrals from other businesses, use online directories or websites, or consult with the Utah State Bar Association.
Schedule Consultations: Schedule consultations with a few business lawyers in Cottonwood Heights, Utah. During the consultation, ask questions about their experience, qualifications, and fees, and assess their ability to meet your legal needs.
Check Credentials and References: Before hiring a business lawyer in Cottonwood Heights, Utah, check their credentials and references. Ensure that they are licensed to practice law in the state of Utah and that they have a good reputation and track record of success in representing businesses.
Review the Contract: Once you have selected a business lawyer in Cottonwood Heights, Utah, review the contract or engagement letter carefully. Ensure that the terms of the agreement are clear and that you understand the services the lawyer will provide and their fees.
In conclusion, hiring a business lawyer in Cottonwood Heights, Utah requires careful research and due diligence. By following these steps, you can find a qualified and experienced business lawyer who can provide effective legal representation and support your business’s success.
The services of a business lawyer are essential for businesses of all sizes and types in Cottonwood Heights, Utah. Business lawyers in Cottonwood Heights, Utah can provide legal advice and representation on a wide range of legal issues, helping businesses navigate the complex legal landscape and achieve success and growth. Hiring a business lawyer in Tooele, Utah requires careful research and due diligence, but by following the steps outlined, you can find a qualified and experienced business lawyer who can meet your legal needs and support your business’s success. Whether you are a small business owner, a startup, an e-commerce business, a real estate business, or a manufacturing or distribution business, a business lawyer in Tooele, Utah can provide valuable legal support and help you achieve your goals.
Areas We Serve
We serve individuals and businesses in the following locations:
Salt Lake City Utah West Valley City Utah Provo Utah West Jordan Utah Orem Utah Sandy Utah Ogden Utah St. George Utah Layton Utah South Jordan Utah Lehi Utah Millcreek Utah Taylorsville Utah Logan Utah Murray Utah Draper Utah Bountiful Utah Riverton Utah Herriman Utah Spanish Fork Utah Roy Utah Pleasant Grove Utah Kearns Utah Tooele Utah Cottonwood Heights Utah Midvale Utah Springville Utah Eagle Mountain Utah Cedar City Utah Kaysville Utah Clearfield Utah Holladay Utah American Fork Utah Syracuse Utah Saratoga Springs Utah Magna Utah Washington Utah South Salt Lake Utah Farmington Utah Clinton Utah North Salt Lake Utah Payson Utah North Ogden Utah Brigham City Utah Highland Utah Centerville Utah Hurricane Utah South Ogden Utah Heber Utah West Haven Utah Bluffdale Utah Santaquin Utah Smithfield Utah Woods Cross Utah Grantsville Utah Lindon Utah North Logan Utah West Point Utah Vernal Utah Alpine Utah Cedar Hills Utah Pleasant View Utah Mapleton Utah Stansbury Par Utah Washington Terrace Utah Riverdale Utah Hooper Utah Tremonton Utah Ivins Utah Park City Utah Price Utah Hyrum Utah Summit Park Utah Salem Utah Richfield Utah Santa Clara Utah Providence Utah South Weber Utah Vineyard Utah Ephraim Utah Roosevelt Utah Farr West Utah Plain City Utah Nibley Utah Enoch Utah Harrisville Utah Snyderville Utah Fruit Heights Utah Nephi Utah White City Utah West Bountiful Utah Sunset Utah Moab Utah Midway Utah Perry Utah Kanab Utah Hyde Park Utah Silver Summit Utah La Verkin Utah Morgan Utah
Business Lawyer Cottonwood Heights Utah Consultation
When you need help from a Business Lawyer near Cottonwood Heights Utah call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.
Jeremy Eveland 17 North State Street Lindon UT 84042 (801) 613-1472
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Business Lawyer Cottonwood Heights Utah
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Business Lawyer Cottonwood Heights Utah
Business Law is a complex and constantly evolving area of law that is essential for the success of any business. It covers a wide range of legal issues, including contracts, employment law, intellectual property, and liability, among others. Given the importance of these legal issues, businesses in Cottonwood Heights, Utah need to have a qualified and experienced business lawyer to provide legal advice, guidance, and representation.
A business lawyer in Cottonwood Heights, Utah is a professional who specializes in the legal aspects of running a business. They are trained to help business owners understand and comply with the laws and regulations that govern their operations. They also provide legal advice and representation on a variety of legal matters that businesses may encounter, including contract disputes, employment disputes, and intellectual property issues.
The roles and responsibilities of a business lawyer in Cottonwood Heights, Utah are numerous and varied. They are responsible for providing legal advice and guidance to businesses on a wide range of legal issues. This includes advising businesses on the proper legal structure for their operations, reviewing and drafting contracts, and representing businesses in legal disputes. They also help businesses comply with regulatory requirements and ensure that all necessary legal documents and filings are filed correctly and promptly. In addition, business lawyers in Tooele, Utah play a critical role in advising businesses on mergers, acquisitions, and partnerships, helping to ensure that these transactions are completed in a legally sound and effective manner.
To be an effective business lawyer in Cottonwood Heights, Utah, a person must possess several key qualifications and skills. Firstly, they must have a strong legal education and training, typically having earned a law degree and passed the bar exam. Secondly, they must have substantial experience in the practice of business law, which includes understanding the legal issues that businesses face and how to address them. Additionally, they must have excellent communication and negotiation skills, as they will often be called upon to interact with clients, opposing counsel, and government agencies. Furthermore, they must have the ability to manage complex legal matters, including conducting legal research, preparing legal documents, and negotiating settlements. Finally, they must have a thorough knowledge of local and federal laws that govern business operations in Cottonwood Heights, Utah.
Many types of businesses can benefit from the services of a business lawyer in Cottonwood Heights, Utah. Small businesses, startups, corporations, non-profit organizations, and limited liability companies (LLCs) are among the many types of businesses that can benefit from the expertise of a business lawyer. These businesses face a wide range of legal issues and challenges, and a business lawyer can provide valuable guidance and representation to help them navigate these challenges and achieve success.
To hire a business lawyer in Cottonwood Heights, Utah, it is important to take the time to research potential candidates. This may involve asking for referrals and recommendations from other business owners and conducting online research to identify lawyers with the necessary qualifications and experience. Once you have identified a list of potential candidates, it is important to review their credentials and experience to determine which lawyer is best suited to meet your legal needs. You should also schedule a consultation to discuss your legal needs and to determine whether the lawyer is a good fit for your business. Finally, it is important to choose a lawyer who meets your legal needs, budget, and communication style.
In conclusion, a business lawyer in Cottonwood Heights, Utah is an essential resource for businesses of all sizes and types. They provide legal advice and representation on a wide range of legal issues and help businesses comply with regulatory requirements and avoid legal disputes. With the right qualifications, experience, and skills, a business lawyer can help businesses in Tooele, Utah achieve success and growth.
Role and Responsibilities of a Business Lawyer in Cottonwood Heights, Utah
The role and responsibilities of a business lawyer in Tooele, Utah can vary depending on the size and type of business they are representing. However, generally speaking, business lawyers in Cottonwood Heights, Utah play a crucial role in providing legal advice and representation on a wide range of legal issues that businesses may face. Some of the key responsibilities of a business lawyer in Cottonwood Heights, Utah include:
Legal Advice and Guidance: Business lawyers in Cottonwood Heights, Utah provide legal advice and guidance to their clients on a wide range of legal issues, including contracts, employment law, intellectual property, and liability, among others. They help businesses understand the laws and regulations that govern their operations and advise them on the best course of action to take.
Contract Drafting and Review: Business lawyers in Cottonwood Heights, Utah are responsible for reviewing and drafting contracts for their clients. This includes employment contracts, supplier contracts, and customer contracts, among others. They ensure that these contracts are legally binding and protect the interests of their clients.
Representation in Legal Disputes: Business lawyers in Cottonwood Heights, Utah represent their clients in legal disputes, including contract disputes, employment disputes, and intellectual property disputes, among others. They provide their clients with the legal representation they need to achieve a favorable outcome in these disputes.
Legal Compliance and Regulatory Issues: Business lawyers in Cottonwood Heights, Utah help their clients comply with the various laws and regulations that govern their operations. This includes advising on tax laws, employment laws, and environmental laws, among others. They help their clients avoid legal disputes and penalties by ensuring that they comply with the law.
Mergers, Acquisitions, and Partnerships: Business lawyers in Cottonwood Heights, runs, Utah play a critical role in advising businesses on mergers, acquisitions, and partnerships. They help their clients navigate the complex legal issues associated with these transactions, including due diligence, negotiation, and drafting of legal agreements, among others.
In summary, the role and responsibilities of a business lawyer in Cottonwood Heights, Utah are diverse and encompass a wide range of legal issues. They play a crucial role in advising businesses on the law and providing representation in legal disputes, helping their clients achieve success and growth.
Qualifications and Skills of a Business Lawyer in Cottonwood Heights, Utah
To be a successful business lawyer in Cottonwood Heights, Utah, one must possess a specific set of qualifications and skills. Some of the key qualifications and skills of a business lawyer in Kearns, Utah include:
Legal Education: Business lawyers in Cottonwood Heights, Utah must have a Juris Doctor (J.D.) degree from an accredited law school and be licensed to practice law in the state of Utah. This requires completing a rigorous legal education that covers a wide range of legal topics and subjects.
Business Acumen: Business lawyers in Cottonwood Heights, Utah must have a strong understanding of business and commerce, including finance, economics, and accounting. They must have the ability to understand complex business issues and advise their clients on the best course of action to take.
Excellent Communication Skills: Business lawyers in Cottonwood Heights, Utah must have excellent written and verbal communication skills. They must be able to communicate complex legal concepts and ideas to their clients clearly and concisely, and e able to negotiate effectively on their client’s behalf.
Attention to Detail: Business lawyers in Cottonwood Heights, Utah must have a keen eye for detail and be able to review and analyze complex legal documents. They must be able to identify potential legal issues and take steps to address them before they become major problems.
Problem-Solving Skills: Business lawyers in Cottonwood Heights, Utah must have excellent problem-solving skills and be able to find creative solutions to complex legal problems. They must be able to think critically and analytically and find innovative ways to resolve disputes and achieve their client’s goals.
Ethical Conduct: Business lawyers in Cottonwood Heights, Utah must adhere to the highest ethical standards and be committed to providing their clients with honest and fair representation. They must be able to act with integrity and maintain their clients’ confidential information.
In conclusion, to be a successful business lawyer in Cottonwood Heights, Utah, one must possess a strong combination of legal education, business acumen, excellent communication skills, attention to detail, problem-solving skills, and ethical conduct. These qualities and skills are critical for providing effective legal representation to businesses and achieving positive outcomes for their clients.
Types of Businesses That Can Benefit from a Business Lawyer in Cottonwood Heights Utah
A variety of businesses in Cottonwood Heights, Utah can benefit from the services of a business lawyer. Some of the types of businesses that can benefit from the services of a business lawyer in Cottonwood Heights, Utah include:
Small Businesses: Small businesses in Cottonwood Heights, Utah often face a range of legal issues, including contract disputes, employment disputes, and liability issues, among others. A business lawyer can help small businesses navigate these legal issues and provide advice on the best course of action to take.
Startups: Startups in Cottonwood Heights, Utah face unique legal challenges, including intellectual property protection, venture capital financing, and employment law issues, among others. A business lawyer can help startups understand the legal issues they face and provide guidance on how to address these issues.
E-Commerce Businesses: E-commerce businesses in Cottonwood Heights, Utah face a range of legal issues, including data privacy, intellectual property, and consumer protection, among others. A business lawyer can help e-commerce businesses understand these legal issues and provide guidance on how to address them.
Real Estate Businesses: Real estate businesses in Cottonwood Heights, Utah face a range of legal issues, including contracts, zoning laws, and property disputes, among others. A business lawyer can help real estate businesses understand these legal issues and provide guidance on how to address them.
Manufacturing and Distribution Businesses: Manufacturing and distribution businesses in Cottonwood Heights, Utah face a range of legal issues, including contracts, liability, and intellectual property, among others. A business lawyer can help these businesses understand these legal issues and provide guidance on how to address them.
In fact, businesses of all sizes and types in Cottonwood Heights, Utah can benefit from the services of a business lawyer. Business lawyers in Cottonwood Heights, Utah can provide legal advice and representation on a wide range of legal issues, helping businesses navigate the complex legal landscape and achieve success and growth.
How to Hire a Business Lawyer in Cottonwood Heights Utah
Here are some steps you can follow to hire a business lawyer in Cottonwood Heights, Utah:
Identify Your Legal Needs: The first step in hiring a business lawyer in Tooele, Utah is to determine your legal needs. Consider the types of legal issues your business is facing, and identify the areas where you need legal assistance.
Research and Gather Referrals: Once you have identified your legal needs, research and gather referrals to find qualified business lawyers in Cottonwood Heights, Utah. You can ask for referrals from other businesses, use online directories or websites, or consult with the Utah State Bar Association.
Schedule Consultations: Schedule consultations with a few business lawyers in Cottonwood Heights, Utah. During the consultation, ask questions about their experience, qualifications, and fees, and assess their ability to meet your legal needs.
Check Credentials and References: Before hiring a business lawyer in Cottonwood Heights, Utah, check their credentials and references. Ensure that they are licensed to practice law in the state of Utah and that they have a good reputation and track record of success in representing businesses.
Review the Contract: Once you have selected a business lawyer in Cottonwood Heights, Utah, review the contract or engagement letter carefully. Ensure that the terms of the agreement are clear and that you understand the services the lawyer will provide and their fees.
In conclusion, hiring a business lawyer in Cottonwood Heights, Utah requires careful research and due diligence. By following these steps, you can find a qualified and experienced business lawyer who can provide effective legal representation and support your business’s success.
The services of a business lawyer are essential for businesses of all sizes and types in Cottonwood Heights, Utah. Business lawyers in Cottonwood Heights, Utah can provide legal advice and representation on a wide range of legal issues, helping businesses navigate the complex legal landscape and achieve success and growth. Hiring a business lawyer in Tooele, Utah requires careful research and due diligence, but by following the steps outlined, you can find a qualified and experienced business lawyer who can meet your legal needs and support your business’s success. Whether you are a small business owner, a startup, an e-commerce business, a real estate business, or a manufacturing or distribution business, a business lawyer in Tooele, Utah can provide valuable legal support and help you achieve your goals.
Areas We Serve
We serve individuals and businesses in the following locations:
Salt Lake City Utah West Valley City Utah Provo Utah West Jordan Utah Orem Utah Sandy Utah Ogden Utah St. George Utah Layton Utah South Jordan Utah Lehi Utah Millcreek Utah Taylorsville Utah Logan Utah Murray Utah Draper Utah Bountiful Utah Riverton Utah Herriman Utah Spanish Fork Utah Roy Utah Pleasant Grove Utah Kearns Utah Tooele Utah Cottonwood Heights Utah Midvale Utah Springville Utah Eagle Mountain Utah Cedar City Utah Kaysville Utah Clearfield Utah Holladay Utah American Fork Utah Syracuse Utah Saratoga Springs Utah Magna Utah Washington Utah South Salt Lake Utah Farmington Utah Clinton Utah North Salt Lake Utah Payson Utah North Ogden Utah Brigham City Utah Highland Utah Centerville Utah Hurricane Utah South Ogden Utah Heber Utah West Haven Utah Bluffdale Utah Santaquin Utah Smithfield Utah Woods Cross Utah Grantsville Utah Lindon Utah North Logan Utah West Point Utah Vernal Utah Alpine Utah Cedar Hills Utah Pleasant View Utah Mapleton Utah Stansbury Par Utah Washington Terrace Utah Riverdale Utah Hooper Utah Tremonton Utah Ivins Utah Park City Utah Price Utah Hyrum Utah Summit Park Utah Salem Utah Richfield Utah Santa Clara Utah Providence Utah South Weber Utah Vineyard Utah Ephraim Utah Roosevelt Utah Farr West Utah Plain City Utah Nibley Utah Enoch Utah Harrisville Utah Snyderville Utah Fruit Heights Utah Nephi Utah White City Utah West Bountiful Utah Sunset Utah Moab Utah Midway Utah Perry Utah Kanab Utah Hyde Park Utah Silver Summit Utah La Verkin Utah Morgan Utah
Business Lawyer Cottonwood Heights Utah Consultation
When you need help from a Business Lawyer near Cottonwood Heights Utah call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.
Jeremy Eveland 17 North State Street Lindon UT 84042 (801) 613-1472
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Business Lawyer Cottonwood Heights Utah
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Estate Planning Attorney Tooele Utah
Estate Planning Attorney Tooele Utah
An estate planning attorney helps and guides you in choosing the correct options for maintaining your estate after death or in case of incapacity. An experienced attorney seeks to fully understand your desires and goals regarding the maintenance of your estate and other property and suggests ways to achieve those wishes.
Goals differ from person to person. While some people may wish to involve their children and family members in the maintenance of their estate, others may not. You may want to distribute your wealth and property in a specific way but are unaware of the best way to do so. A qualified estate planning attorney can not only describe the various options available but also see that your wishes are carried out according to law. Your estate plan must meet state guidelines in order to avoid hassles and expense down the road.
Here are some of the ways an estate planning attorney can help: • Prepare a legally complete Property Power of Attorney • Plan to reduce or eliminate estate tax • Prepare a Will, and help manage the probate process with or without a Will • Establish a Living Trust to avoid probate and allow for management of assets in case of incapacity • Help avoid guardianship of the estate for minors or incapacitated persons • Pass property to your loved ones in the manner you wish • Ensure your property is appropriately protected from your inheritors’ creditors and predators • Assist in putting your brokerage accounts, retirement plans, insurance policies, business and partnership interests, debt and personal property into trusts or business entities • Create irrevocable Trusts or other special types of Trusts
An experienced estate planning attorney can help ensure the smooth and continued management of your estate, and just as importantly make sure your wishes are carried out. An estate planning attorney is an integral part of developing end-of-life strategies. Lawyers who specialize in this field help individuals execute a last will and testament, durable power of attorney, healthcare proxies, and revocable or irrevocable trusts.
Hiring an estate planning attorney is necessary when individuals want to keep inheritance assets out of probate. Probate is a legal requirement in all 50 states and is used to validate wills, determine rightful heirs, settle outstanding debts, and distribute inheritance property to designated beneficiaries. Numerous strategies exist to avoid probate. The most common include establishing irrevocable life insurance trusts, living trusts, and designation of transfer on death and payable on death beneficiaries.
On average, the probate process takes six to nine months to settle. When decedents die intestate (without a will) probate usually takes between nine months to one year to complete. Much depends on the estate value, court caseload, and family dynamics. Working with estate planning lawyers is particularly important when family strife exists. Sadly, death can bring out the worst in people. Anger, greed and envy can drive heirs who feel slighted to contest the will and prolong probate for months or years. If heirs contest the Will, the estate is responsible for defense legal fees. If the judge rules in favor of the Plaintiff, the estate is oftentimes responsible for restitution of their legal fees as well. This can create a heavy financial burden and potentially bankrupt the estate. Retaining the services of a qualified estate planning attorney can lessen the potential for family feuds and contesting the will. Often, decedents appoint a family member to the position of estate administrator. This can place a target on their back if siblings don’t agree with the decision. Having a neutral third party manage the estate can squelch potential eruptions and expedite the probate process.
At minimum, estate planning should include a Last Will and Testament, Power of Attorney, and Healthcare Proxy. Guardianship for minor children is established through the last will. Individuals with assets valued over $100,000 should consider establishing a trust.
Multiple types of trusts exist and each offers advantages and disadvantages. Estate planners can explain which type of trust will best suit each individual’s needs. It is best to engage in estate planning while in good health. Individuals who procrastinate until they are diagnosed with terminal illness or transferred to a nursing home run the risk of heirs contesting the Will. Heirs can claim the decedent was not of sound mind because of their illness.
Many estate planning lawyers provide complimentary consultations to discuss available services and fees. Ask friends or family for referrals or locate estate planning attorneys though phone directories, lawyer referral networks, or the American Bar Association. However, these are important issues that should be addressed at some point in everyone’s life. Certainly, the idea of lacking the mental or physical capacity to make decisions regarding your financial and medical affairs is an unpleasant one, regardless of your age or state of health. Fortunately, there are countless experienced estate planning attorneys who specialize in all aspects of elder law. By seeking the guidance of such professionals, you can ease the stress and confusion that comes along with making these preparations.
A power of attorney is a written authorization empowering a trusted person to make decisions regarding finances and health care on your behalf, should you lose the capacity to make such decisions on your own. While you may be reluctant to designate such, there are many crucial reasons to do so. A lawyer specializing in elder law can help you build a solid plan for the future of your financial and physical well-being, so you can relieve the anxiety of the unknown and protect yourself from family members who may be inclined to take advantage of your frailty. Most importantly, this is the best way to maintain control of your life, as the person you designate will be required to respect your wishes in every way possible.
Protect Your Assets And Financial Matters
A financial power of attorney authorizes someone else to handle your financial matters. This can include simple tasks, such as opening your mail and paying bills; or more complicated responsibilities like filing tax returns. Either way, consulting an estate planning attorney with experience in elder law is the first step to safeguarding your financial assets. The person you choose to handle your finances need not be a financial expert, but merely a competent individual that you trust to handle your sensitive matters with common sense.
Ensure That Your Health Care Wishes Are Honored
For many individuals, the most important aspect of estate planning is designating a medical power of attorney. It can be scary to think about losing the ability to speak for oneself when it comes to health-related issues, including critical life support situations. Appointing a trusted person to make medical decisions on your behalf is the only sure way to see that your health care wishes are granted. If you would like to leave specific instructions regarding medical procedures and end-of-life issues, it is advised that you draft a living will. In some states, these two documents can be combined into one form, known as an advance health care directive. Although living wills may seem relatively cut and dry, there are instances in which they are disputed. If you feel you have legitimate grounds to dispute a living will or advance health care directive, a qualified litigation attorney can advise you on the next steps you should take. When deciding whether or not to hire an estate planning attorney, it is important to know exactly what they do and what services they have to offer. These proceedings are undertaken as a means of legally and formally preparing for future life and after-life. This can include protection of assets, health, power of attorney and much, much more. Estate lawyers and their firms work with respect to your post-life planning, while keeping you involved and informed along the way. There are several important decisions to make regarding where all of these items will go. These professionals know the ins and outs of the court system so that all paperwork is fulfilled completely and on time. There is a formal process for carrying this legal documentation through the court system, which experienced estate attorneys will fully understand and can simplify into terms their clients can appreciate.
Estate Attorneys Take Planning To The Next Level
An experienced lawyer knows and understands all that is required so that your assets are completely protected in the case of illness or even death. Hiring an estate planning attorney that has completed cases like yours before can also speed-up the process and reduce the learning curve. Nobody wishes to spend months getting their information together should there be a serious accident in the future. The complexity of most legal documentation is why ninety-five percent of individuals hire estate lawyers for their paperwork. Most do not wish to face the possibility of losing assets, including that of money and belongings, due to miscommunication or lack of knowledge of court procedures. All of these items are specific to each specialist, due to the work it took to acquire the knowledge. Speak to several professionals prior to hiring the one you and your family feels best suits your needs.
What Types Of Situations Do These Professionals Handle?
The types of cases that these particular legal professionals take on are completely dependent on the firm, their availability and their willingness to take on a particular planning situation. Working on the fine details of a life and after-life planning day in and day out can easily and quickly become a full time job. Therefore, it is often necessary for most of us to hand-off the responsibility to someone who can put their complete effort into it. It’s important to note that these proceedings are also an ever-changing legal process. What was legal and protective one year may have changed due to federal or state regulations the year after. To fulfill all paperwork and legal notations required can take anywhere from a few short days or weeks before everything is complete. Be patient and understand that good legal work does take time and proper filings.
What Types Of Suits Do They Not Handle?
Small suits regarding items such as traffic tickets, small family disputes and other such situations are normally taken on by general practice lawyers. For professional assistance in asset protection, contact your local estate planning attorney for valuable answers to your questions.
A Will Ensures Assets Are Distributed And Children Are Taken Care Of
For a long time, it was thought that only wealthy people needed wills. However, everyone should have one. Many people have assets such as a car, home, savings account and more. Having this important document drawn up lets your family know what should happen with these matters after you’ve passed. Although you’ll be gone, a professionally executed will can eliminate bickering and negative feelings among your bereaved friends and family.
If you have minor children, it’s a definite must. This legal document will spell out what should happen to your children if you die. Without such, your children could find themselves in the middle of a custody battle between relatives, be placed in foster care, or end up with a relative who may be uncomfortable acting as their guardian.
A Living Will Ensures Your Medical Wishes Are Followed
A living will is a much different type of document. A living will, also known as an advanced medical directive, spells out what you want to happen in the event that you become too sick or incapacitated to make decisions for yourself. You can also appoint someone to act as your medical power of attorney, which is the person responsible for medical decisions in the event that you’re unable to make them for yourself. Many states have outlined statutes that determine when an advanced medical directive goes into effect. If you’re unsure about what’s best for you, contact estate lawyers in your area and ask for advice.
Ask Estate Attorneys About Trusts: They’re Not Just For The Wealthy
A trust fund conjures up images of wealthy young people who’ve never worked a day in their life, but this is a complete stereotype. Anyone with assets to pass on can create a trust for a relative. Estate planning attorneys can explain trusts in greater detail but, basically, a trust provides the deceased with the ability to determine how money is to be spent after they’re gone. Trusts are the perfect solution if you want to ensure that your beneficiaries finish college before the money is distributed or if you want to space out the distributions so the beneficiary isn’t provided with one large lump sum of cash.
These documents aren’t the only ones that estate lawyers can help with. Make a list of your assets and then talk with estate attorneys to see which documents they recommend for your specific situation. There’s no one-size-fits-all solution for estate planning. Attorneys who help with this specific type of planning for the future should be consulted before making any decision that affects your relatives.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law 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
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About Tooele Utah
Tooele, Utah
From Wikipedia, the free encyclopedia
This article is in list format but may read better as prose. You can help by converting this article, if appropriate. Editing help is available. (April 2019)
Tooele, Utah
City
Tooele City Hall
Nickname:
The Greatest City in Utah[1]
Location in Tooele County and the state of Utah
Location of Utah in the United States
Coordinates:
40°32′11″N 112°17′52″WCoordinates:
40°32′11″N 112°17′52″W Country United States State Utah County Tooele Settled 1851 Government
• Type Mayor/City Council • Mayor Debbie Winn[2] Area
[3]
• Total 24.16 sq mi (62.57 km2) • Land 24.14 sq mi (62.52 km2) • Water 0.02 sq mi (0.04 km2) Elevation
5,050 ft (1,537 m) Population
(2020)
• Total 35,742 • Density 1,480.61/sq mi (571.69/km2) Time zone UTC−7 (Mountain (MST)) • Summer (DST) UTC−6 (MDT) ZIP code
84074
Area code 435 FIPS code 49-76680[4] GNIS feature ID 1433590[5] Website [4] http://tooelecity.org/
Tooele (/tuːˈwɪlə/ too-WIL-ə) is a city in Tooele County in the U.S. state of Utah. The population was 35,742 at the 2020 census.[6] It is the county seat of Tooele County.[7] Located approximately 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.
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Foreclosure Lawyer Grantsville Utah
Grantsville is the second most populous city in Tooele County, Utah, United States. It is part of the Salt Lake City, Utah Metropolitan Statistical Area. The population was 8,893 at the 2010 census. The city has grown slowly and steadily throughout most of its existence, but rapid increases in growth occurred during the 1970s and 1990s. Recent rapid growth has been attributed to the nearby Deseret Peak recreational center, the Utah Motorsports Campus raceway and to the newly built Wal-Mart Distribution Center located just outside the city. It is quickly becoming a bedroom community for commuters into the Salt Lake valley. Grantsville is bordered on the south by South Mountain, which separates Rush Valley from Tooele Valley. To the north is Stansbury Island, and on the east are the Oquirrh Mountains and the Great Salt Lake and on the west side the Stansbury Mountains. SR-138 passes through the city, heading northwest to intersect with I-80 and east to Stansbury Park. The climate is hot during the summer and cold and snowy during the winter. Although Grantsville can be affected by lake-effect snow off of the Great Salt Lake, most of the time it is too far southwest.
youtube
Is Foreclosure Ever a Good Idea?
Over the last few years, since the crash of the housing bubble and in this troubled economy, many homeowners have homes worth significantly less than what they paid, greatly diminished incomes, and other issues. Foreclosing on a home has major ramifications that can last for years, but for some, foreclosure may seem like the only option. Here, we take a look at some of the details and alternatives. Many Americans bought homes during the housing bubble which are now worth much, much less than the asking price at the time. There are many reasons home prices have fallen, resulting in underwater mortgages. As an example, entire neighborhoods were built in a booming frenzy by construction companies during the bubble. In some of these areas, the construction created a glut of housing, and many houses stayed vacant. The homeowners who bought into these ghost towns are faced with empty neighborhoods and homes valued at far less than what they owe. Other more established neighborhoods emptied out as homeowners defaulted on subprime mortgages, causing homes in the entire neighborhood to fall in value. The homes are hard to sell, even at a loss, and can be just as hard to rent out to others. And it’s no secret that incomes around the country have dropped. Most everyone knows someone who has lost a job and taken a pay cut upon returning to work. Mortgage payments which were easy to meet under better wages have now become increasingly harder to pay, and many homeowners are finding themselves struggling to stay on top of the bills. So, while some bought homes they couldn’t quite afford, lured by low interest rates and all-too-willing, unscrupulous lenders and they ended up in default. However, for many Americans, home purchases that seemed like a wise investment at the time have turned into financial disasters. Many are wondering what to do next with a mortgage that is too high, homes that won’t sell for enough to pay for the mortgage, or homes which are simply unlikely to sell at all. Foreclosure is one way out of the game, but with steep implications. It can completely destroy one’s credit rating for years to come, and make it difficult to get a needed loan later on. It could hurt a family’s chance of renting if a credit report is part of the applicant screening process, thereby limiting rental options. Any open lines of credit may be lowered once the default goes on record, and some credit card companies may change other terms. Further, there can be steep tax implications come April 15.
youtube
If a homeowner is already behind on payments, these ramifications may already apply.
The advantages of foreclosure include being able to stay without paying rent for a while. In some states, this could be a year or longer, which could buy time to catch up financially, find better employment, or otherwise develop ways to increase income. During that time, it might also be possible to negotiate new terms with the bank, especially if the home is in a difficult housing market. However, we’ve all heard the horror stories about cut-throat practices by some lenders who have foreclosed on homes illegally, so it is still very risky. An alternative to foreclosure is a short sale, although the negative impact to credit scores can be just as bad as a foreclosure on record. A short sale is an agreement with the bank to sell the house for less than what is owed, and the homeowner can be allowed to walk away with minimal cost, or given terms to pay back the deficiency which the homeowner can more easily handle financially. Often, people facing these difficult choices are advised to seek other alternatives. If it’s possible to secure more affordable living quarters (perhaps with a family member, for example), renting out the house can be an option bring in income and avoid foreclosure. However, this route can bring its own problems as well, especially if the tenants prove to be troublesome. The home will still require maintenance and homeowners fees. While advice to rent the home out can be thrown around liberally and by people who mean well, it’s not always an option. Some homeowners associations may have restrictions on renting, or it may even be banned, so it may not even be possible to rent the home. Even without a homeowner’s association, many municipalities have laws which restrict rental terms. For example, in many college towns, year-round residents have worked to pass laws that keep homes from becoming college flop houses by encouraging local government to pass laws allowing no more than two unrelated adults to live in one single-family home, or similar laws. Research on local laws will be required to determine if renting is actually an option. Of course, none of these tips can replace legal advice from a qualified lawyer. Laws vary greatly by state and region, and the unique set of circumstances any homeowner is in vary as well, so there are no simple solutions when the mortgage has turned into a monster. Foreclosure can be a way out from under an enormous burden, but not without long-term consequences. It’s important that anyone considering foreclosure consider all the options open to them and seek the advice of qualified professionals.
What are the Consequences of a Foreclosure?
A foreclosure occurs when the homeowner has failed to make payments and has defaulted or violated the terms of their mortgage loan. The process can be stressful, embarrassing, and it can have long-lasting consequences, such as: • Eviction from your home—you’ll lose your home and any equity that you may have established • Stress and uncertainty of not knowing exactly when you will have to leave your home • Damage to your credit—impacting your ability to get new housing, credit, and maybe even potential employment, for many years • May owe a deficiency balance after the foreclosure sale • Lose any relocation assistance or leasing opportunities that may be available with other options Forfeit ability to get a Fannie Mae mortgage to purchase another home for at least 7 years.
youtube
A borrower will not go to jail if they default on their mortgage loan, but they could face criminal charges in a couple of extreme situations described below. In some states, foreclosure involves judicial proceedings. In other words, the lender must hire an attorney who initiates a foreclosure lawsuit against the borrower. The lawsuit does not involve any criminal charges against the borrower. It is merely a civil proceeding that involves the lender’s attempt to collect a debt or be given ownership of the property in exchange for the unpaid debt obligation. If a borrower fails to maintain their property prior to being foreclosed, the local municipality could issue a citation and/or a fine. Common citations include failure to keep grass cut, leaving pets behind, having an unfenced or tepid swimming pool, or leaving a house unsecured. Some municipalities will even condemn a property. If the borrower fails to address the issues and pay the fines, some municipalities have the ability to take the borrower to court. In rare cases, failure to show up for court could result in an arrest warrant being issued. If a borrower deliberately trashes a house, it is possible for the lender to sue them after the sale for destruction of property and perhaps even press criminal charges. While rare, it is done in cases where the borrower creates major damage to the house. We have seen cases of angry borrowers clogging toilets and sinks with concrete mix or stopping the drains with other things like tennis balls. They then turn the water on and leave it on. In other cases, borrowers have ripped out all the fixtures and appliances. In some blighted cities, lenders have taken the unusual step of not foreclosing since they determine that the property’s value is so low that it is better to not take it back. This is known as a bank walkaway, where the bank charges off the loan and stops the foreclosure action. Therefore, the borrower remains as the owner. The city can then issue citations against the owner for failure to maintain their property. In some cases we have seen, the owner walked away from the property only to find out years later that they still owned the property. The city may even have the right to demolish the property and bill the owner for the cost. In rare cases, failure to respond to the city’s citations or court hearings could result in an arrest warrant being issued.
How Long Does a Foreclosure Stay on Your Credit Report?
Foreclosure happens when you default on your mortgage and your lender takes ownership of the home. A foreclosure stays on your credit reports for seven years from the date of the first missed payment, bringing down your credit score. After that period of time, the foreclosure mark should automatically fall off your reports. But you can start working to restore your credit score right away.
How a foreclosure affects your credit
A foreclosure’s impact on your credit will depend on your credit standing before the negative mark hit. The higher your score, the greater the likely impact. In general, though, you can expect a foreclosure to drop your score by 100 or more points, according to a 2011 report from FICO, a credit scoring agency. It can take up to seven to 10 years for your score to recover entirely, FICO also found.
What if a foreclosure doesn’t fall off after seven years?
The credit reporting process is imperfect. That can occasionally result in a foreclosure or other derogatory mark not falling off automatically after seven years. In that case, you can dispute the credit report error. You can rebuild much sooner. Don’t let the seven-year timeline stop you from acting — you can begin working to rehabilitate your credit score right away. Help offset the negative mark by stacking up positive data on your credit reports:
youtube
• Pay all bills on time: Payment history is the biggest factor affecting credit scores. You want to build up a long track record of on-time payments so you look good to potential lenders in the future. • Use 30% or less of your credit limits. The second-biggest factor in scores is how much of your credit limits you use, which is called credit utilization. The lower your credit utilization, the better for your score. • If needed, look into ways to rebuild credit such as getting a secured credit card or credit-builder loan. How Many Mortgage Payments Can I Miss Before Foreclosure Happens? When borrowers take out a home loan, they have to start making monthly mortgage payments. As many homeowners know, it can be easy to miss a few payments. You might wonder how many mortgage payments you can miss before foreclosure happens. The answer is that you can miss four payments, or about 120 days, before you’re in danger of being foreclosed upon. What happens when you miss mortgage payments? As a rule, the more mortgage payments you miss, the more trouble you’ll be in with mortgage companies. Missing mortgage payments can cost you more — and with each missed payment, you’ll be inching closer to foreclosure. Paying your mortgage should be among your top priorities. Missing mortgage payments can be disastrous for your personal credit and can have an adverse effect on your credit score, for which payment history is a major factor. If you do start missing payments, you should be familiar with the penalties and what can happen after each missed payment.
First Missed Mortgage Payment
If you miss your first mortgage payment, your lender will typically offer you a grace period of fifteen days. During these fifteen days, you can send in your payment without being considered delinquent. Once this grace period is up, however, you’ll be charged a late fee. This fee is usually a fairly substantial percentage of your mortgage, such as 2 to 5 percent of the monthly payment amount.
Second Missed Mortgage Payment
If you miss your second mortgage payment, your mortgage is likely considered to be in default. At this point, the lender will probably contact you to find out why you haven’t made your payments. You should take the opportunity to explain your situation to your lender and let him know what you’re doing to resolve the situation. Your mortgage servicer will usually become increasingly aggressive about getting paid if you miss your second mortgage payment, but it gets even worse if you continue missing payments. The U.S. Department of Housing and Urban Development advises that it can help to work with a housing counselor at this — or any — point.
Third Missed Mortgage Payment
After you’ve gone about 90 days without making a payment, you’ll receive a demand letter. A demand letter informs you of the amount you are delinquent and that you have 30 days to bring your mortgage current. If you don’t pay the specified amount or make arrangements by the deadline, foreclosure proceedings might begin. You still have time to try to work out an arrangement with your lender, but it’s unlikely that they will take less than the total amount of mortgage payments you owe. If you still can’t make the payments within 90 days, however, it’s game over: The lender will begin the foreclosure process and bring legal action against you.
Fourth Missed Mortgage Payment
After you’ve missed the deadline provided in the demand letter and you are four months behind on your mortgage payments, the foreclosure process will usually begin. First, you’ll be referred to your lender’s attorneys. As a result of your delinquency, you’ll be required to pay any legal fees during this time. You could still have a chance to avoid foreclosure if you can make your payment or work something out with your lender.
Foreclosure
youtube
If you’ve reached the foreclosure stage, you have the right to stay in your home throughout the process, but it will be difficult to get your home back. After all legal work has been completed and the lender is legally allowed to foreclose on the home, the process will begin. The first thing that will occur in the foreclosure process is that the lender will record a Notice of Default. From here, you have 90 days to pay what you owe. After 90 days, if you have not made your payments, a Notice of Sale will be recorded and sent to you by certified mail. The notice will also be published in a newspaper and posted on your home and in a public place, such as the local courthouse. After a minimum of 21 days from the Notice of Sale being recorded, the house will be put up for auction; you will immediately lose control of your home once it’s sold.
Foreclosure Attorney
When you need a Foreclosure Lawyer 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
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Foreclosure Lawyer Tooele Utah
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Foreclosure Lawyer Grantsville Utah
Grantsville is the second most populous city in Tooele County, Utah, United States. It is part of the Salt Lake City, Utah Metropolitan Statistical Area. The population was 8,893 at the 2010 census. The city has grown slowly and steadily throughout most of its existence, but rapid increases in growth occurred during the 1970s and 1990s. Recent rapid growth has been attributed to the nearby Deseret Peak recreational center, the Utah Motorsports Campus raceway and to the newly built Wal-Mart Distribution Center located just outside the city. It is quickly becoming a bedroom community for commuters into the Salt Lake valley. Grantsville is bordered on the south by South Mountain, which separates Rush Valley from Tooele Valley. To the north is Stansbury Island, and on the east are the Oquirrh Mountains and the Great Salt Lake and on the west side the Stansbury Mountains. SR-138 passes through the city, heading northwest to intersect with I-80 and east to Stansbury Park. The climate is hot during the summer and cold and snowy during the winter. Although Grantsville can be affected by lake-effect snow off of the Great Salt Lake, most of the time it is too far southwest.
youtube
Is Foreclosure Ever a Good Idea?
Over the last few years, since the crash of the housing bubble and in this troubled economy, many homeowners have homes worth significantly less than what they paid, greatly diminished incomes, and other issues. Foreclosing on a home has major ramifications that can last for years, but for some, foreclosure may seem like the only option. Here, we take a look at some of the details and alternatives. Many Americans bought homes during the housing bubble which are now worth much, much less than the asking price at the time. There are many reasons home prices have fallen, resulting in underwater mortgages. As an example, entire neighborhoods were built in a booming frenzy by construction companies during the bubble. In some of these areas, the construction created a glut of housing, and many houses stayed vacant. The homeowners who bought into these ghost towns are faced with empty neighborhoods and homes valued at far less than what they owe. Other more established neighborhoods emptied out as homeowners defaulted on subprime mortgages, causing homes in the entire neighborhood to fall in value. The homes are hard to sell, even at a loss, and can be just as hard to rent out to others. And it’s no secret that incomes around the country have dropped. Most everyone knows someone who has lost a job and taken a pay cut upon returning to work. Mortgage payments which were easy to meet under better wages have now become increasingly harder to pay, and many homeowners are finding themselves struggling to stay on top of the bills. So, while some bought homes they couldn’t quite afford, lured by low interest rates and all-too-willing, unscrupulous lenders and they ended up in default. However, for many Americans, home purchases that seemed like a wise investment at the time have turned into financial disasters. Many are wondering what to do next with a mortgage that is too high, homes that won’t sell for enough to pay for the mortgage, or homes which are simply unlikely to sell at all. Foreclosure is one way out of the game, but with steep implications. It can completely destroy one’s credit rating for years to come, and make it difficult to get a needed loan later on. It could hurt a family’s chance of renting if a credit report is part of the applicant screening process, thereby limiting rental options. Any open lines of credit may be lowered once the default goes on record, and some credit card companies may change other terms. Further, there can be steep tax implications come April 15.
youtube
If a homeowner is already behind on payments, these ramifications may already apply.
The advantages of foreclosure include being able to stay without paying rent for a while. In some states, this could be a year or longer, which could buy time to catch up financially, find better employment, or otherwise develop ways to increase income. During that time, it might also be possible to negotiate new terms with the bank, especially if the home is in a difficult housing market. However, we’ve all heard the horror stories about cut-throat practices by some lenders who have foreclosed on homes illegally, so it is still very risky. An alternative to foreclosure is a short sale, although the negative impact to credit scores can be just as bad as a foreclosure on record. A short sale is an agreement with the bank to sell the house for less than what is owed, and the homeowner can be allowed to walk away with minimal cost, or given terms to pay back the deficiency which the homeowner can more easily handle financially. Often, people facing these difficult choices are advised to seek other alternatives. If it’s possible to secure more affordable living quarters (perhaps with a family member, for example), renting out the house can be an option bring in income and avoid foreclosure. However, this route can bring its own problems as well, especially if the tenants prove to be troublesome. The home will still require maintenance and homeowners fees. While advice to rent the home out can be thrown around liberally and by people who mean well, it’s not always an option. Some homeowners associations may have restrictions on renting, or it may even be banned, so it may not even be possible to rent the home. Even without a homeowner’s association, many municipalities have laws which restrict rental terms. For example, in many college towns, year-round residents have worked to pass laws that keep homes from becoming college flop houses by encouraging local government to pass laws allowing no more than two unrelated adults to live in one single-family home, or similar laws. Research on local laws will be required to determine if renting is actually an option. Of course, none of these tips can replace legal advice from a qualified lawyer. Laws vary greatly by state and region, and the unique set of circumstances any homeowner is in vary as well, so there are no simple solutions when the mortgage has turned into a monster. Foreclosure can be a way out from under an enormous burden, but not without long-term consequences. It’s important that anyone considering foreclosure consider all the options open to them and seek the advice of qualified professionals.
What are the Consequences of a Foreclosure?
A foreclosure occurs when the homeowner has failed to make payments and has defaulted or violated the terms of their mortgage loan. The process can be stressful, embarrassing, and it can have long-lasting consequences, such as: • Eviction from your home—you’ll lose your home and any equity that you may have established • Stress and uncertainty of not knowing exactly when you will have to leave your home • Damage to your credit—impacting your ability to get new housing, credit, and maybe even potential employment, for many years • May owe a deficiency balance after the foreclosure sale • Lose any relocation assistance or leasing opportunities that may be available with other options Forfeit ability to get a Fannie Mae mortgage to purchase another home for at least 7 years.
youtube
A borrower will not go to jail if they default on their mortgage loan, but they could face criminal charges in a couple of extreme situations described below. In some states, foreclosure involves judicial proceedings. In other words, the lender must hire an attorney who initiates a foreclosure lawsuit against the borrower. The lawsuit does not involve any criminal charges against the borrower. It is merely a civil proceeding that involves the lender’s attempt to collect a debt or be given ownership of the property in exchange for the unpaid debt obligation. If a borrower fails to maintain their property prior to being foreclosed, the local municipality could issue a citation and/or a fine. Common citations include failure to keep grass cut, leaving pets behind, having an unfenced or tepid swimming pool, or leaving a house unsecured. Some municipalities will even condemn a property. If the borrower fails to address the issues and pay the fines, some municipalities have the ability to take the borrower to court. In rare cases, failure to show up for court could result in an arrest warrant being issued. If a borrower deliberately trashes a house, it is possible for the lender to sue them after the sale for destruction of property and perhaps even press criminal charges. While rare, it is done in cases where the borrower creates major damage to the house. We have seen cases of angry borrowers clogging toilets and sinks with concrete mix or stopping the drains with other things like tennis balls. They then turn the water on and leave it on. In other cases, borrowers have ripped out all the fixtures and appliances. In some blighted cities, lenders have taken the unusual step of not foreclosing since they determine that the property’s value is so low that it is better to not take it back. This is known as a bank walkaway, where the bank charges off the loan and stops the foreclosure action. Therefore, the borrower remains as the owner. The city can then issue citations against the owner for failure to maintain their property. In some cases we have seen, the owner walked away from the property only to find out years later that they still owned the property. The city may even have the right to demolish the property and bill the owner for the cost. In rare cases, failure to respond to the city’s citations or court hearings could result in an arrest warrant being issued.
How Long Does a Foreclosure Stay on Your Credit Report?
Foreclosure happens when you default on your mortgage and your lender takes ownership of the home. A foreclosure stays on your credit reports for seven years from the date of the first missed payment, bringing down your credit score. After that period of time, the foreclosure mark should automatically fall off your reports. But you can start working to restore your credit score right away.
How a foreclosure affects your credit
A foreclosure’s impact on your credit will depend on your credit standing before the negative mark hit. The higher your score, the greater the likely impact. In general, though, you can expect a foreclosure to drop your score by 100 or more points, according to a 2011 report from FICO, a credit scoring agency. It can take up to seven to 10 years for your score to recover entirely, FICO also found.
What if a foreclosure doesn’t fall off after seven years?
The credit reporting process is imperfect. That can occasionally result in a foreclosure or other derogatory mark not falling off automatically after seven years. In that case, you can dispute the credit report error. You can rebuild much sooner. Don’t let the seven-year timeline stop you from acting — you can begin working to rehabilitate your credit score right away. Help offset the negative mark by stacking up positive data on your credit reports:
youtube
• Pay all bills on time: Payment history is the biggest factor affecting credit scores. You want to build up a long track record of on-time payments so you look good to potential lenders in the future. • Use 30% or less of your credit limits. The second-biggest factor in scores is how much of your credit limits you use, which is called credit utilization. The lower your credit utilization, the better for your score. • If needed, look into ways to rebuild credit such as getting a secured credit card or credit-builder loan. How Many Mortgage Payments Can I Miss Before Foreclosure Happens? When borrowers take out a home loan, they have to start making monthly mortgage payments. As many homeowners know, it can be easy to miss a few payments. You might wonder how many mortgage payments you can miss before foreclosure happens. The answer is that you can miss four payments, or about 120 days, before you’re in danger of being foreclosed upon. What happens when you miss mortgage payments? As a rule, the more mortgage payments you miss, the more trouble you’ll be in with mortgage companies. Missing mortgage payments can cost you more — and with each missed payment, you’ll be inching closer to foreclosure. Paying your mortgage should be among your top priorities. Missing mortgage payments can be disastrous for your personal credit and can have an adverse effect on your credit score, for which payment history is a major factor. If you do start missing payments, you should be familiar with the penalties and what can happen after each missed payment.
First Missed Mortgage Payment
If you miss your first mortgage payment, your lender will typically offer you a grace period of fifteen days. During these fifteen days, you can send in your payment without being considered delinquent. Once this grace period is up, however, you’ll be charged a late fee. This fee is usually a fairly substantial percentage of your mortgage, such as 2 to 5 percent of the monthly payment amount.
Second Missed Mortgage Payment
If you miss your second mortgage payment, your mortgage is likely considered to be in default. At this point, the lender will probably contact you to find out why you haven’t made your payments. You should take the opportunity to explain your situation to your lender and let him know what you’re doing to resolve the situation. Your mortgage servicer will usually become increasingly aggressive about getting paid if you miss your second mortgage payment, but it gets even worse if you continue missing payments. The U.S. Department of Housing and Urban Development advises that it can help to work with a housing counselor at this — or any — point.
Third Missed Mortgage Payment
After you’ve gone about 90 days without making a payment, you’ll receive a demand letter. A demand letter informs you of the amount you are delinquent and that you have 30 days to bring your mortgage current. If you don’t pay the specified amount or make arrangements by the deadline, foreclosure proceedings might begin. You still have time to try to work out an arrangement with your lender, but it’s unlikely that they will take less than the total amount of mortgage payments you owe. If you still can’t make the payments within 90 days, however, it’s game over: The lender will begin the foreclosure process and bring legal action against you.
Fourth Missed Mortgage Payment
After you’ve missed the deadline provided in the demand letter and you are four months behind on your mortgage payments, the foreclosure process will usually begin. First, you’ll be referred to your lender’s attorneys. As a result of your delinquency, you’ll be required to pay any legal fees during this time. You could still have a chance to avoid foreclosure if you can make your payment or work something out with your lender.
Foreclosure
youtube
If you’ve reached the foreclosure stage, you have the right to stay in your home throughout the process, but it will be difficult to get your home back. After all legal work has been completed and the lender is legally allowed to foreclose on the home, the process will begin. The first thing that will occur in the foreclosure process is that the lender will record a Notice of Default. From here, you have 90 days to pay what you owe. After 90 days, if you have not made your payments, a Notice of Sale will be recorded and sent to you by certified mail. The notice will also be published in a newspaper and posted on your home and in a public place, such as the local courthouse. After a minimum of 21 days from the Notice of Sale being recorded, the house will be put up for auction; you will immediately lose control of your home once it’s sold.
Foreclosure Attorney
When you need a Foreclosure Lawyer 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
Foreclosure Lawyer Tooele Utah
Make Money With Your Patent
SEC And Marijuana Business
Illegal Evictions Can Get You In Trouble
DOPL Hearings
Title 2 Firearms
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Source: https://www.ascentlawfirm.com/foreclosure-lawyer-grantsville-utah/
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Foreclosure Lawyer Grantsville Utah
Grantsville is the second most populous city in Tooele County, Utah, United States. It is part of the Salt Lake City, Utah Metropolitan Statistical Area. The population was 8,893 at the 2010 census. The city has grown slowly and steadily throughout most of its existence, but rapid increases in growth occurred during the 1970s and 1990s. Recent rapid growth has been attributed to the nearby Deseret Peak recreational center, the Utah Motorsports Campus raceway and to the newly built Wal-Mart Distribution Center located just outside the city. It is quickly becoming a bedroom community for commuters into the Salt Lake valley. Grantsville is bordered on the south by South Mountain, which separates Rush Valley from Tooele Valley. To the north is Stansbury Island, and on the east are the Oquirrh Mountains and the Great Salt Lake and on the west side the Stansbury Mountains. SR-138 passes through the city, heading northwest to intersect with I-80 and east to Stansbury Park. The climate is hot during the summer and cold and snowy during the winter. Although Grantsville can be affected by lake-effect snow off of the Great Salt Lake, most of the time it is too far southwest.
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Is Foreclosure Ever a Good Idea?
Over the last few years, since the crash of the housing bubble and in this troubled economy, many homeowners have homes worth significantly less than what they paid, greatly diminished incomes, and other issues. Foreclosing on a home has major ramifications that can last for years, but for some, foreclosure may seem like the only option. Here, we take a look at some of the details and alternatives. Many Americans bought homes during the housing bubble which are now worth much, much less than the asking price at the time. There are many reasons home prices have fallen, resulting in underwater mortgages. As an example, entire neighborhoods were built in a booming frenzy by construction companies during the bubble. In some of these areas, the construction created a glut of housing, and many houses stayed vacant. The homeowners who bought into these ghost towns are faced with empty neighborhoods and homes valued at far less than what they owe. Other more established neighborhoods emptied out as homeowners defaulted on subprime mortgages, causing homes in the entire neighborhood to fall in value. The homes are hard to sell, even at a loss, and can be just as hard to rent out to others. And it’s no secret that incomes around the country have dropped. Most everyone knows someone who has lost a job and taken a pay cut upon returning to work. Mortgage payments which were easy to meet under better wages have now become increasingly harder to pay, and many homeowners are finding themselves struggling to stay on top of the bills. So, while some bought homes they couldn’t quite afford, lured by low interest rates and all-too-willing, unscrupulous lenders and they ended up in default. However, for many Americans, home purchases that seemed like a wise investment at the time have turned into financial disasters. Many are wondering what to do next with a mortgage that is too high, homes that won’t sell for enough to pay for the mortgage, or homes which are simply unlikely to sell at all. Foreclosure is one way out of the game, but with steep implications. It can completely destroy one’s credit rating for years to come, and make it difficult to get a needed loan later on. It could hurt a family’s chance of renting if a credit report is part of the applicant screening process, thereby limiting rental options. Any open lines of credit may be lowered once the default goes on record, and some credit card companies may change other terms. Further, there can be steep tax implications come April 15.
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If a homeowner is already behind on payments, these ramifications may already apply.
The advantages of foreclosure include being able to stay without paying rent for a while. In some states, this could be a year or longer, which could buy time to catch up financially, find better employment, or otherwise develop ways to increase income. During that time, it might also be possible to negotiate new terms with the bank, especially if the home is in a difficult housing market. However, we’ve all heard the horror stories about cut-throat practices by some lenders who have foreclosed on homes illegally, so it is still very risky. An alternative to foreclosure is a short sale, although the negative impact to credit scores can be just as bad as a foreclosure on record. A short sale is an agreement with the bank to sell the house for less than what is owed, and the homeowner can be allowed to walk away with minimal cost, or given terms to pay back the deficiency which the homeowner can more easily handle financially. Often, people facing these difficult choices are advised to seek other alternatives. If it’s possible to secure more affordable living quarters (perhaps with a family member, for example), renting out the house can be an option bring in income and avoid foreclosure. However, this route can bring its own problems as well, especially if the tenants prove to be troublesome. The home will still require maintenance and homeowners fees. While advice to rent the home out can be thrown around liberally and by people who mean well, it’s not always an option. Some homeowners associations may have restrictions on renting, or it may even be banned, so it may not even be possible to rent the home. Even without a homeowner’s association, many municipalities have laws which restrict rental terms. For example, in many college towns, year-round residents have worked to pass laws that keep homes from becoming college flop houses by encouraging local government to pass laws allowing no more than two unrelated adults to live in one single-family home, or similar laws. Research on local laws will be required to determine if renting is actually an option. Of course, none of these tips can replace legal advice from a qualified lawyer. Laws vary greatly by state and region, and the unique set of circumstances any homeowner is in vary as well, so there are no simple solutions when the mortgage has turned into a monster. Foreclosure can be a way out from under an enormous burden, but not without long-term consequences. It’s important that anyone considering foreclosure consider all the options open to them and seek the advice of qualified professionals.
What are the Consequences of a Foreclosure?
A foreclosure occurs when the homeowner has failed to make payments and has defaulted or violated the terms of their mortgage loan. The process can be stressful, embarrassing, and it can have long-lasting consequences, such as: • Eviction from your home—you’ll lose your home and any equity that you may have established • Stress and uncertainty of not knowing exactly when you will have to leave your home • Damage to your credit—impacting your ability to get new housing, credit, and maybe even potential employment, for many years • May owe a deficiency balance after the foreclosure sale • Lose any relocation assistance or leasing opportunities that may be available with other options Forfeit ability to get a Fannie Mae mortgage to purchase another home for at least 7 years.
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A borrower will not go to jail if they default on their mortgage loan, but they could face criminal charges in a couple of extreme situations described below. In some states, foreclosure involves judicial proceedings. In other words, the lender must hire an attorney who initiates a foreclosure lawsuit against the borrower. The lawsuit does not involve any criminal charges against the borrower. It is merely a civil proceeding that involves the lender’s attempt to collect a debt or be given ownership of the property in exchange for the unpaid debt obligation. If a borrower fails to maintain their property prior to being foreclosed, the local municipality could issue a citation and/or a fine. Common citations include failure to keep grass cut, leaving pets behind, having an unfenced or tepid swimming pool, or leaving a house unsecured. Some municipalities will even condemn a property. If the borrower fails to address the issues and pay the fines, some municipalities have the ability to take the borrower to court. In rare cases, failure to show up for court could result in an arrest warrant being issued. If a borrower deliberately trashes a house, it is possible for the lender to sue them after the sale for destruction of property and perhaps even press criminal charges. While rare, it is done in cases where the borrower creates major damage to the house. We have seen cases of angry borrowers clogging toilets and sinks with concrete mix or stopping the drains with other things like tennis balls. They then turn the water on and leave it on. In other cases, borrowers have ripped out all the fixtures and appliances. In some blighted cities, lenders have taken the unusual step of not foreclosing since they determine that the property’s value is so low that it is better to not take it back. This is known as a bank walkaway, where the bank charges off the loan and stops the foreclosure action. Therefore, the borrower remains as the owner. The city can then issue citations against the owner for failure to maintain their property. In some cases we have seen, the owner walked away from the property only to find out years later that they still owned the property. The city may even have the right to demolish the property and bill the owner for the cost. In rare cases, failure to respond to the city’s citations or court hearings could result in an arrest warrant being issued.
How Long Does a Foreclosure Stay on Your Credit Report?
Foreclosure happens when you default on your mortgage and your lender takes ownership of the home. A foreclosure stays on your credit reports for seven years from the date of the first missed payment, bringing down your credit score. After that period of time, the foreclosure mark should automatically fall off your reports. But you can start working to restore your credit score right away.
How a foreclosure affects your credit
A foreclosure’s impact on your credit will depend on your credit standing before the negative mark hit. The higher your score, the greater the likely impact. In general, though, you can expect a foreclosure to drop your score by 100 or more points, according to a 2011 report from FICO, a credit scoring agency. It can take up to seven to 10 years for your score to recover entirely, FICO also found.
What if a foreclosure doesn’t fall off after seven years?
The credit reporting process is imperfect. That can occasionally result in a foreclosure or other derogatory mark not falling off automatically after seven years. In that case, you can dispute the credit report error. You can rebuild much sooner. Don’t let the seven-year timeline stop you from acting — you can begin working to rehabilitate your credit score right away. Help offset the negative mark by stacking up positive data on your credit reports:
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• Pay all bills on time: Payment history is the biggest factor affecting credit scores. You want to build up a long track record of on-time payments so you look good to potential lenders in the future. • Use 30% or less of your credit limits. The second-biggest factor in scores is how much of your credit limits you use, which is called credit utilization. The lower your credit utilization, the better for your score. • If needed, look into ways to rebuild credit such as getting a secured credit card or credit-builder loan. How Many Mortgage Payments Can I Miss Before Foreclosure Happens? When borrowers take out a home loan, they have to start making monthly mortgage payments. As many homeowners know, it can be easy to miss a few payments. You might wonder how many mortgage payments you can miss before foreclosure happens. The answer is that you can miss four payments, or about 120 days, before you’re in danger of being foreclosed upon. What happens when you miss mortgage payments? As a rule, the more mortgage payments you miss, the more trouble you’ll be in with mortgage companies. Missing mortgage payments can cost you more — and with each missed payment, you’ll be inching closer to foreclosure. Paying your mortgage should be among your top priorities. Missing mortgage payments can be disastrous for your personal credit and can have an adverse effect on your credit score, for which payment history is a major factor. If you do start missing payments, you should be familiar with the penalties and what can happen after each missed payment.
First Missed Mortgage Payment
If you miss your first mortgage payment, your lender will typically offer you a grace period of fifteen days. During these fifteen days, you can send in your payment without being considered delinquent. Once this grace period is up, however, you’ll be charged a late fee. This fee is usually a fairly substantial percentage of your mortgage, such as 2 to 5 percent of the monthly payment amount.
Second Missed Mortgage Payment
If you miss your second mortgage payment, your mortgage is likely considered to be in default. At this point, the lender will probably contact you to find out why you haven’t made your payments. You should take the opportunity to explain your situation to your lender and let him know what you’re doing to resolve the situation. Your mortgage servicer will usually become increasingly aggressive about getting paid if you miss your second mortgage payment, but it gets even worse if you continue missing payments. The U.S. Department of Housing and Urban Development advises that it can help to work with a housing counselor at this — or any — point.
Third Missed Mortgage Payment
After you’ve gone about 90 days without making a payment, you’ll receive a demand letter. A demand letter informs you of the amount you are delinquent and that you have 30 days to bring your mortgage current. If you don’t pay the specified amount or make arrangements by the deadline, foreclosure proceedings might begin. You still have time to try to work out an arrangement with your lender, but it’s unlikely that they will take less than the total amount of mortgage payments you owe. If you still can’t make the payments within 90 days, however, it’s game over: The lender will begin the foreclosure process and bring legal action against you.
Fourth Missed Mortgage Payment
After you’ve missed the deadline provided in the demand letter and you are four months behind on your mortgage payments, the foreclosure process will usually begin. First, you’ll be referred to your lender’s attorneys. As a result of your delinquency, you’ll be required to pay any legal fees during this time. You could still have a chance to avoid foreclosure if you can make your payment or work something out with your lender.
Foreclosure
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If you’ve reached the foreclosure stage, you have the right to stay in your home throughout the process, but it will be difficult to get your home back. After all legal work has been completed and the lender is legally allowed to foreclose on the home, the process will begin. The first thing that will occur in the foreclosure process is that the lender will record a Notice of Default. From here, you have 90 days to pay what you owe. After 90 days, if you have not made your payments, a Notice of Sale will be recorded and sent to you by certified mail. The notice will also be published in a newspaper and posted on your home and in a public place, such as the local courthouse. After a minimum of 21 days from the Notice of Sale being recorded, the house will be put up for auction; you will immediately lose control of your home once it’s sold.
Foreclosure Attorney
When you need a Foreclosure Lawyer 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
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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:
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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.
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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.”
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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.
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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.
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• 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.
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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.
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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
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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.”
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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.
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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.
youtube
• 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.
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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.
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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
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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.”
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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.
youtube
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.
youtube
• 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.
youtube
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.
youtube
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
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REPC
File For Divorce In Utah
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Taking Property Before Will
Is it legal to take property from an estate before the will has been read?
The answer can vary a bit from state-to-state. In some states, the law allows for certain family members to petition for permission to take possession of assets in an estate before the will has been read.
But does that mean you can just get up and take whatever you want? It depends on the size of the estate and whether or not there are other beneficiaries who are named in the will, who might be entitled to share any assets still remaining in the estate after those granted permission have taken what they're due. If they think they're owed more than they're getting, they can fight your request.
In other states, it's absolutely illegal to separate yourself from property that belongs to an estate before the will has been read, and you can be charged with theft if you do so.
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Intestate
In most cases, when someone dies without leaving a valid will, they're said to have died "intestate." When this happens, the laws of their state dictate how to proceed. Usually, this means that the person's assets are distributed according to the state's intestate succession laws.
If the deceased had children or other descendants, they'll inherit the estate according to who among them is closest in line to them (usually by blood). If there aren't any surviving descendants who are first-degree relatives (parents, children, etc.), then the decedent's spouse will inherit everything. If there isn't any surviving spouse or descendants, then his or her parents will inherit everything. If all of these individuals are dead as well, then next in line are their siblings, and if these people don't exist either, then their next closest relatives will inherit everything.
Estate Attorney Free Consultation
If you have any questions or in need an Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
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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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