A Couple Important Benefits of Working with a Commercial Real Estate Lawyer

Starting a business can represent a major investment for a person to make, and one of the largest aspects of this investment will be the building and property for the enterprise. As with any type of real estate purchase, it is important for you to be informed about this process to ensure that you avoid making some common errors and oversights. To this end, working with an experienced commercial real estate lawyer can be an excellent option for ensuring that you have easy access to legal counsel during the buying process. More precisely, there are two ways that a commercial real estate attorney can help you during this process.

Researching the History of the Property

Many people may be shocked to learn that it is critical to research the financial history of a property before they decide to purchase it. It is possible for debtors to have accrued liens against the property. If you make the major error of purchasing a property with a lien against it, you may be forced to repay this lien at some time in the future.

Luckily, your commercial real estate attorney will be able to quickly and effectively review the history of the property to ensure that there are no active liens or collections against the property that you are considering buying.

Gather Information for Conducting a Business Study of the Location

Before choosing a location for your enterprise, it is important to perform a comprehensive business analysis of the area. This is important for ensuring that there is enough traffic in the area to sustain your enterprise. You might not know where to gather the information to perform this analysis, but your attorney will be able to help you with the task. In particular, they will be able to gather the information you require from the various local government agencies. While there may be a fee for this type of service, it can save you from spending many hours attempting to track this vital information down on your own .

Buying commercial property can be a major investment for anyone. Don’t make the mistake of failing to appreciate the numerous benefits of working with a commercial real estate attorney during this process. Having the attorney research the history of the property as well as gather the information needed for a business study will help you make the best choice possible for your business’s new location with as little stress or chance of error as possible. Look for an attorney like Steve Butcher Sr in your local area.

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An Introduction To Child Custody After Divorce

If you are considering the possibility of divorce, then you have a stressful road ahead of you. You will need to divide up finances, assets, and maybe even child custody. To help make the process a bit easier for you, here are some ideas to consider when it comes to child custody, including which kind of custody is best and the difference between physical and legal custody:

Which type of child custody is best for your children and your situation?

You will also want to think about what is best for your children. While joint custody is a good compromise in some cases, sole custody can also be very appealing.

Joint custody is best when both parents want to play a role in the life of their children. Joint custody normally has a primary caretaker, who will retain custody of the child the majority of the time. It’s common for one parent to be given weekends or a few days out of the month, but you could evenly split custody between both parents as well.

Sole custody is a better choice if one parent does not want to participate in their children’s lives, or if you feel that the other parent would be a danger to your children. It can be difficult to convince a court to grant sole custody, so you want to have all of your ducks in a row before you make an argument for exclusive custody.

What is the difference between legal and physical custody?

You might also hear the terms legal and physical custody mentioned. They are sometimes the same thing, but that isn’t always the case.

Legal custody essentially refers to the ability to make decisions on behalf of the child. This can mean picking the school for the child, their religious upbringing, and medical treatments. In many cases, legal custody is shared, since both parents want to have some role in the child’s life. If there is shared legal custody and one parent goes against the wishes of the other, then you could end up with a battle in court. These battles rarely end in money changing hands, but rather in court orders to abide by the terms of the divorce.

Physical custody is essentially who has custody at any given time. When you give the children to your ex-spouse for their days or weeks with the child, then you are relinquishing physical custody and transferring it to the other parent.

For more information, contact firms like The Law Offices of Paul F. Moore II.

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Common Reasons For Short Sale Refusal

If you’re buying a home through a short sale, it means that you’ll be paying less for the house than the current owner actually owes on their mortgage. In most cases, short sales are an attempt for the current homeowner to avoid a foreclosure. In those cases, you’ll need to negotiate with the bank that’s holding the mortgage to buy the house for less than it is worth while also absolving the current owner of any deficiency on the loan amount that he or she had. While short sales are a great option in some cases, they don’t always work out. Here are a few reasons why the lender may refuse a short sale offer.

The Lender Sold The Loan

If the lender sold the loan to another servicer, the originating lender may not have the authority to approve a short sale. In that case, you may have to pitch your offer to both the originating lender and the new servicer. If either of the lenders involved are not willing to negotiate, you won’t be able to close the sale. Sometimes, having a real estate lawyer involved in those negotiations can make the lenders a bit more willing to discuss options.

The Buyer or Seller Cannot Qualify

In order for you to secure a short sale agreement, you’ll have to be able to show proof that you can finance the home purchase. If you cannot qualify for the mortgage or don’t have documentation that you’re pre-qualified, the lender is likely to refuse the deal.

Additionally, the seller needs to meet specific guidelines in order to be eligible for a short sale resolution to the mortgage issues. Before listing the home as a short sale, most sellers will reach out to their mortgage company to ensure that they meet the qualifications, but if the seller fails to do that, you may find your offer rejected because the seller doesn’t qualify.

The Offer is Too Low

Another common reason why you may find your short sale offer declined is if the offer you make is too low in the eyes of the bank. In those cases, you can either increase your offer or talk with a real estate lawyer about a reasonable appraisal for the property. That way, you can show clear evidence that supports your offer, or you can adjust your offer accordingly to match the appraisal and be more reasonable.

Short sales are complex procedures, and they often require the support of a lawyer like those at Bangs McCullen Butler Foye & Simmons LLP to help you with negotiation and completion. With the information here and the help of a real estate attorney, you’ll be able to increase your chances of short sale success.

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Chapter 7 Bankruptcy Automatic Stay FAQs

Although there are several benefits to filing for a Chapter 7 bankruptcy, one of the most important is an automatic stay. The stay prevents your creditors from taking legal actions against you. However, the stay does has its limitations. If you are filing for bankruptcy, here is what you need to know about the automatic stay.  

What Legal Actions Does the Automatic Stay Stop?

In most instances, the automatic stay can stop collections and lawsuits from a range of creditors. For instance, the stay can stop credit card companies from taking action. It can also stop collections:

  • Medical care providers, such as hospitals and doctors
  • Internal Revenue Service
  • Wage garnishments
  • Mortgage lenders
  • Car loan lenders

Your bankruptcy attorney can help assess your other debts and determine whether or not the stay will apply to them. It is important to note that some debts do come with exceptions. For instance, if you owe taxes to the IRS, the stay can stop the agency from collecting, but once the stay is lifted, the agency can continue in its efforts to collect on a tax debt. 

What Does the Automatic Stay Not Cover?

Even though the automatic stay covers a large majority of debts, there are some instances in which some debt collectors are allowed to proceed. Debts, such as child support and alimony, can still be collected through various means, including wage garnishments, if necessary. 

The automatic stay also cannot help if you are being evicted from your home and the final order of possession has been issued by the court. However, if you have not yet had your day in court, your landlord will have to wait for the stay to be lifted to take action. 

If you have filed for bankruptcy in the past, it can have a bearing on the automatic stay. If you have had another bankruptcy filing within the last year, the stay is limited to 30 days. If you have had two or more repeated bankruptcies in the last year, there is no automatic stay. 

Can the Stay Be Lifted Early?

There is a possibility that the automatic stay can be lifted early. A creditor can ask the court to remove the stay so that it can proceed with taking action. Whether or not the court agrees depends on the situation. 

For instance, if the creditor claims that the asset is rapidly depreciating and it must be immediately sold to attempt to gain some proceedings from it, the court might lift the stay.

To determine exactly what is covered by the automatic stay and to learn your options for handling those debts not covered by the stay, consult with an attorney (such as one from Reppe Law Office).

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3 Tips For Dealing With Your Dead Relative’s Credit Card Debt

Are you the estate executor for a loved one who recently passed away? Did that person pass away with a significant outstanding credit card balance? When people pass away with a significant amount of debt, their relatives often worry that they’ll be on the hook for paying the debt. Fortunately, that’s not usually the case unless a relative co-signed on the debt. In that case, they could be held responsible. However, just because your not a co-signer doesn’t mean creditors won’t try to collect from you. And it also doesn’t mean the debt won’t impact your potential inheritance. Here are a few ways you can manage the situation and avoid paying the debt out of your pocket:

Make creditors aware of your loved one’s passing. Your loved one’s creditors will likely contact you and your other relatives in an attempt to collect on the credit card debt. That’s especially true if you’re an authorized user on the card. Even being an authorized user, though, doesn’t necessarily make you responsible for the debt. To eliminate harassing calls, let all creditors know that your loved one passed away. You may even need to send or fax them a copy of the death certificate.

Also, provide them with the name of who they should be contacting. If you’re working with a probate attorney, give his or her information to the creditor. Even though you and other relatives don’t have to pay, the estate still has an obligation. If you’re the executor, you may have to work with the creditors on these obligations until the estate clears probate.

Tally all available assets. Just because you don’t have to pay the bills out of pocket, doesn’t mean they don’t have to be paid at all. The obligation will fall to the estate and the estate’s assets may need to be used to pay the bills. As executor, it will fall on you to audit those assets, liquidate them, and then use the proceeds to pay off the debt. Look into selling any property, vehicles, and other assets to raise funds. You may also want to consider having an estate sale.

What if there aren’t enough assets to sell to pay the bills? Unless there’s a cosigner on the account, there’s no one for the creditor to collect from beyond the estate. In many cases, unpaid credit card bills are written off.

Don’t distribute proceeds until the bills are paid. There’s one way that you and loved ones could be forced to pay the bills out-of-pocket. That’s if you distribute assets from the account before creditors have had time to file claims. Every state is different, but most states have a designated time period in which creditors must file a claim on assets. If the do so, you as executor must look into ways to pay the bill from the estate. If creditors fail to file claims within that time, the estate may not have to pay them. However, if a creditor files a claim in the correct time period, but the funds have already been distributed, then they may be able to come after the recipients of the funds. Wait until the end of the period to pass along money to your relatives.

For more information, talk to a probate lawyer. They can manage the payment of debts so you and your family members don’t have to.

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4 Custody Tips For Unwed Fathers

The dissolution of a relationship is difficult on its own, but adding children to the mix can make it even worse. This is especially true if you and your partner weren’t married. As an unmarried father you will want to make sure that you have custodial or visitation rights to your child. The following tips can help you secure these rights.

Tip #1: Establish Paternity

Hopefully your paternity was established at the time of birth. This is typically done by listing yourself as the father on the birth certificate. If you are not listed as the father on the birth documents, then you may need to take some extra steps to establish paternity. This may require blood or DNA testing, depending on state law and whether the mother is contesting your paternity.

Tip #2: File for Parental Rights

In some cases you may need to file for parental rights. This usually occurs if the relationship breaks up before the birth of the child. It’s vital that you do this right away. Not only does this begin establishing paternity, it may also prevent your ex from assigning custody to someone else, putting the child up for adoption, or listing someone else as the father.

Tip #3: Request a Temporary Visitation or Custody Agreement

Depending on the cooperation of your ex, you can draw this up yourselves or you may need to seek a court-ordered temporary agreement. Keep in mind this agreement is not binding and it is subject to change once the final court-ordered custody and visitation agreement is settled upon. It’s also very important that you follow this temporary agreement exactly. In other words, don’t skip visitations – you don’t want it to look like you are shirking your parental duties when the court begins making final decisions on your case.

Tip #4: Get Assistance

State laws can vary greatly, so it is vital that you have a local family law attorney on your side to help you navigate the legalities of securing custody or visitation. In fact, you want to seek advice as soon as possible. Your lawyer can handle communications with your ex and her legal team if you feel too emotional to do so responsibly. They can also advise you on the best tactics to take regarding visitation and child support. They can also help you sue for custody if you have reason to believe that your spouse is an unfit parent. Contact a company like Ivy Law Group PLLC for more information.

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Aiding In Your Defense: What You Can Do To Make Your Attorney’s Job Easier

Regardless of the reason for it, no one wants to be subject to the close personal attention of law enforcement. The problems most people encounter stem from a lack of understanding about how the criminal justice system works. Once you better understand the rights and protections afforded to every citizen by the law, you’ll find the entire experience to be much less unpleasant.

Understanding Compliance

The easiest way to make any official interaction with law enforcement go more smoothly is simply to comply with them. There are some limits you need to be aware of though, both to ensure you’re protecting yourself and to expedite the interaction. To begin, don’t volunteer access to your personal property, including your person, residence or vehicle unless served with official documentation, signed by a judge. When talking to a police officer, remember to answer only questions that you’re asked, but be aware that you can choose to stop answering questions any time you wish. Also remember that as a citizen you are free to disengage from any law enforcement interaction at any time, unless you are being arrested or detained. If you wish to walk away, simply ask if you’re “free to go”. You are either free to leave or you’re about to be arrested, and either way you should be done talking.

“Am I Being Detained?”

If you’re being detained or arrested, the officer is required by the U.S. Constitution to advise you of your rights, and receive acknowledgement that you have heard and understood them. At this point you should avoid anything that might be seen as physical resistance, hesitation or aggression. All questions being asked are now a part of an official investigation and it’s in your best interest to have a lawyer present.

Being arrested and requesting a lawyer will prolong your stay in custody, which is often why people under arrest waive that right. Guilty or innocent, having a lawyer present for any questioning is your best chance of a positive resolution to this encounter. The less you’ve shared with the investigating officers at this point, the more effectively your lawyer can work on your behalf, but it’s also in your best interest to be as forthcoming with your attorney as possible. This will ensure that they are able to advise you more effectively and reach the desired outcome.

No one wants to find themselves under scrutiny by the police for any reason, but if it happens it’s important that you know how to best impact the outcome. Taking the right action, and knowing how to interact with police will help your attorney get the most desirable results possible.

Contact a law office like Law Offices Of Jerald Silvia to learn more.

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