Fresh Man Laws

As you may expect, home mortgage loan mitigation is not a one size fits all endeavor. The universe of possible solutions is vast. Always use an attorney for ALL loan modifications that will thoroughly review your circumstances and desires before recommending a course of action. Your financial circumstances, existing loan documentation and legal rights should always be reviewed and considered. An attorney will work with you to achieve a solution which fits for you and your family. While other organizations may simply submit a loan modification request, which may be ignored by the lender, an attorney will actively and aggressively negotiate the most advantageous solution for their clients.

In many cases, an attorney will contact your lender and get them to delay the foreclosure process without filing bankruptcy. Such a scenario allows an attorney the opportunity to negotiate a “win win” resolution for both sides. Foreclosure is generally a very costly option for lenders. In certain instances, a modification of the existing loan is a good solution. Depending on circumstances, a deed in lieu, also known as “cash for keys” or “walk away” may be the right solution to keep a foreclosure off your credit report. There are many possible solutions to resolve a situation where a homeowner is either behind on payments or likely to fall behind in the near future. Such possible solutions include a modification or restructuring of the terms of your current loan to lower your mortgage payments, a recapitalization and principal balance reduction, a rescission of your current loan (up to three years) or a lawsuit against the mortgage company for predatory lending violations if determined to be appropriate after a proper loan document audit. There are many other possible resolutions as well. An attorney will assist you to determine which possible option is best for you.

Currently, Aurora, Citibank, Chase, Countrywide, GMAC, Litton, Wachovia and WAMU are among the major lenders routinely offering loan modifications. Although many lenders are willing to consider loan modifications, many lenders are unable to keep pace with the current demand for loan modifications. Even in cases where the borrower is currently in default, a lender offered forbearance agreement may not be the best resolution for the borrower. An attorney may be able to stop foreclosure by negotiating a loan modification; even in cases where a previous forbearance agreement has failed. Because we process many loan modification requests, our current relationships with lenders and loan servicing companies may allow us to bypass overwhelmed loss mitigation personal and negotiate directly with asset and portfolio managers as well as the lender’s legal department.

In order to secure a loan modification, an attorney will make use of the tools provided by federal law. Such federal tools include both the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA). Both state and federal laws require mortgage companies to adhere to certain guidelines when originating home loans. Some existing mortgage loans have TILA and/or RESPA violations. When such a violation is determined to have occurred, an attorney will utilize such violation as leverage to negotiate a favorable resolution for our clients. Generally, lenders will seek to avoid costly litigation and are more agreeable to reaching voluntary solutions when such violations are identified and brought to their attention by qualified law firms.

During times of real estate booms, some brokers and lenders engage in unfair or illegal practices to close loans. An example of these practices may include charging unexplainable or unreasonable fees and charges. Other examples include not fully explaining interest rate adjustments, pre-payment penalties or the implications of option ARM loans with minimum payment options. Additionally, some brokers and lenders illegally inflated or otherwise manipulated financial statements to qualify buyers who would otherwise not have qualified for their loans. Simply refinancing out of these inappropriate home mortgage loans is now generally not an option because of declining property value or debt to income ratios.

An attorney can help to identify if you have been the victim of such an issue. In such a case, we can attempt to resolve these issues fast and efficiently so the borrower doesn’t fall victim to foreclosure proceedings. Helping stop foreclosure and restoring financial stability for our clients is our main goal.

There are additional reasons to conduct a detailed review of the client’s mortgage home loan documents. If a lender fails to properly provide adequate notice of the borrower’s right to cancel, the right of rescission may be available to the borrower for up to three years. When such right is extended for three years, the borrower may be able to rescind the loan during such period. In such a circumstance, the loan is treated as if it never existed. Essentially, the borrower becomes entitled to all profits made by the lender as a result of the loan. As such, the lender or other creditor would be required to refund all interest paid, all closing fees, all broker fees, and even pay the borrower’s attorney fees. This circumstance can create a legitimate windfall to the borrower. The extended right of rescission is a powerful tool to assist borrowers who have been victims of predatory lending. An attorney can assist in determining if such a right exists and will assist its clients in exercising such right in appropriate circumstances.

Mortgage and loan servicing companies generally do not want your home and most will work diligently with a law firm to avoid foreclosure. Litigating mortgage fraud and predatory lending cases can become costly for both sides and should be avoided unless the lender will not comply or there are significant damages to the borrower. Our clients retain us to make a best effort at resolving their hardship and to fight for their rights. In most cases, the client’s goal can be realized without costly litigation by using existing relationships to find an amicable resolution to stop foreclosures.

A loan modification proposal offered by a law firm may result in a more favorable loan modification agreement than your lender will offer you directly. Many modifications offered by mortgage lenders and loan servicing companies are forbearance agreements and are not a true modification to the terms of your mortgage. These types of agreements generally do not benefit the borrower in the long term and home owners facing foreclosure should consult with a law firm and fully understand the terms and ramifications before signing any of these documents.

In cases where neither refinancing nor a loan modification is a possibility, a short sale or a deed in lieu may be among the best options to both avoid foreclosure and a deficiency judgment. An attorney can help borrowers navigate through the possible options to determine which resolution is best for your particular circumstances. A real estate short sale occurs when the lender agrees to discount the loan balance and accept the sale proceeds in full satisfaction of the outstanding debt. In such cases, the lender has the right to approve or disapprove of the proposed sale. Lenders are generally inclined to agree to a short sale if they determine such action will mitigate losses as compared to foreclosure. The advantages of a short sale to the borrower include avoiding a foreclosure reported on credit history and mitigating or eliminating a possible deficiency. A short sale is generally faster and less expensive than a foreclosure. In summary, a short sale is a negotiation with a lender resulting in a payoff less than what is currently owed.

Not all lenders are equally amenable to short sales. Many lenders have pre-determined criteria for such transactions. Distressed lenders may accept any reasonable offer. However, junior lien holders such as second mortgages, HELOC lenders, and HOA (special assessment liens), may also need to approve of any short sale. Objectors to short sales sometimes include tax lien holders (income, estate or corporate franchise tax – as opposed to real property taxes, which have priority even unrecorded) and mechanic’s lien holders. It may be possible for junior lien holders to prevent a short sale. Additionally, lien holders who are not mortgagees are generally unlikely to forgive the debts owed to them.

While a short sale appears on a borrower’s credit report differently than a foreclosure, a short sale may nonetheless have severe consequences for the borrower in the future. A short sale may appear on a borrower’s credit report as “foreclosure proceedings started.” While not a foreclosure, a short sale may prevent the borrower from obtaining a new mortgage for seven or more years. Short sales are complex matters which should be handled carefully by experienced professionals.

The loss mitigation industry is a recent advent and has become large as a result of the current economic and real estate crisis. The loan modification industry is currently inundated with marginally qualified or unethical individuals, who are essentially salespeople, who have accepted fees in exchange for half hearted efforts or no efforts at all to provide loss mitigation services, loan modification or stop foreclosure services. As such, several states are currently considering legislation which requires attorney involvement for loan modification requests.

Some companies offering loan modification services claim to be “attorney backed” or “attorney based” in their marketing. In such a case, borrowers should be aware they are not contracting with or engaging the services of a law firm. Some companies simply hire an attorney for consultation to claim an association with an attorney. In such a case, the attorney does not represent the borrower and the company is not bound by the same ethical duties required by licensed attorneys. Additionally, no attorney client privilege exists with such a company and statements made to them are discoverable. To be sure, the borrower is encouraged to request to speak personally with the attorney.

“Attorney based” loan modification companies are not law firms. As such, when you discuss the details of your mortgage with these companies, there is no attorney client privilege. Any conversation you have with a non-law firm loan modification company is discoverable by a state agency and not protected by attorney client privilege and therefore not confidential. Prosecuting agencies have become much more aggressive recently in bringing prosecutions for mortgage fraud based on overly optimistic or inflated representations regarding income or monetary reserves at the time of qualifying for the loan. Therefore, if you are concerned that statements you made on your mortgage loan application could be construed as false and you are at risk for foreclosure, please contact an attorney immediately. Do not discuss this issue with anyone other than a licensed attorney.

For more info-http://www.attorneyforloanmods.com

A Chapter 7 bankrutpcy may display on your credit for 10 years from the date of filing. Chapter 13 may stay for 10 yeas also, but it is customary for those to be removed after 7 years.

Here is more specific advice and input from various FAQ Farmers:

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You may have a number of questions regarding loan modifications and how they can help you avoid foreclosure.  Loan modifications have been all over the news lately.  President Obama has passed major, historic legislation giving homeowners more access to loan modifications; the California legislature has also passed legislation promoting loan modifications.Here are some questions and some answers for loan modifications:Q: What is a loan modification?A: A loan modification is an agreement between a lender and a borrower to change the original terms of a loan in order to make payments more affordable.  For homeowners, a California loan modification could be a way to stay in their home.  A loan modification attorney can be a major asset when trying to get a loan modification.Q: How can a loan modification be accomplished?A: There are actually a number of different ways to get a loan modification.  The interest rate on a loan can be either lowered temporarily, or permanently set at a lower rate.  An adjustable rate could be set to a fixed rate.  The term of the loan could be changed, from say 30 years to 40 years.  There could be a principal reduction of the loan amount.  There are other ways and you could also have any combination of options.  All of this is geared towards lowering your monthly payments and making your mortgage more affordable.Q: How common are loan modifications?A: As the real estate crisis continues, loan modifications are becoming increasingly common.  Loan modifications have been around for a very long time, but only when many people are in danger of losing their homes does everyone begin to ask questions.  Some think loan modifications are a new invention, or a scam, but people with mortgages have been getting loan modifications for quite a while.Q: Does the federal of California state government play a role in loan modifications?A: As so many people are suffering due to the economic crisis, President Obama and the California legislature have passed various laws pressuring lenders to offer loan modifications.  Lenders are not opposed to loan modifications, especially at a time when so many Americans are facing foreclosure.  A foreclosure hurts the banks’ bottom lines, and the industry has already seen hundreds of billions of dollars in financial loss due to the mortgage crisis.  California passed a law in 2008 promoting loan modifications, and in early 2009 President Obama wasted no time in helping people get the loan modifications they need to stay in their homes.  With Freddie Mac and Fannie Mae in serious trouble due to foreclosures (both of which are federal entities), it behooves the federal government to act that much quicker in saving people’s livelihood.As you can see, there is a lot of information out there on mortgage loan modifications, and many people are unaware as to whether or not they qualify.  If you are facing foreclosure or facing another financial crisis, contact a qualified California home loan modification attorney today and get “in the know.”Visit us at http://www.feldmanlawcenter.com or call 800-588-0425.

In today’s unpredictable economy, you can’t take anything for granted. You don’t know if you’ll have a job tomorrow, if you will be asked to take an unpaid vacation, or if the interest rate on your home mortgage will spike. What if gas prices soar? Will a trip to the grocery store for your family’s weekly necessities cost more? So much of the territory that our country, and the world, is venturing into is unchartered.While we don’t know what the future holds, we can try to plan appropriately for it. How can you prepare yourself for future expenses, save money, or spend less in your current situation? Many wise people are considering these questions now.In addition to planning for the future, we can also take advantage of the opportunities that we are offered today. One opportunity being offered to many troubled homeowners is a home loan modification.President Obama’s housing plan involves offering many people a chance to modify their home loans. If a distressed homeowner lives in his or her property, falls within the requirements for the amount they owe, and meets additional criteria, they could be eligible for the government plan. The FDIC even has a “mod in a box” home loan modification program that they are hoping to enlist lenders in taking part in. Even if you don’t take advantage of the government’s specific plans, and are a homeowner in a volatile financial situation, you can still opt to modify your home loan. With the help of the Feldman Law Center, you can have a better chance at protecting your financial future. You do not know when home loan modifications will start to taper off, how long you will be at your current job, or how your taxes could be changed in the future. If you are concerned about your adjustable rate mortgage, or a potential bankruptcy or foreclosure, you need the help of experienced attorneys on your side.The federal government as well as many state governments, are talking about increasing taxes. What is the potential fallout of that? Given the uncertainty we are facing now, it is hard to guess what higher taxes might result in. But perhaps homeowners would have to pay higher property taxes, or perhaps additional fees and penalties could be added to home loan modifications.Debates on the efficacy of taxes, both low and high, are inevitable. Chances are good that tax rates and structures will soon change. Will this be good for your current situation? Will you pay more, or less? Will you be a part of the population paying for the benefit of others, or will you be the beneficiary? Obviously, this depends on many factors. It doesn’t seem prudent to generalize widely about this. Every situation will end up being different.It might not be a good idea to wait for a loan modification. They are available now. Call the Feldman Law Center today. We specialize in loan modifications and are ready to assist you today.Visit us at feldmanlawcenter.com or call 800-588-0425.

The following information regarding Patents, Trademarks and Copyright is brought to you as a public service of 1000Attorneys.com – State Bar Approved Lawyer Referral and Information Service. The material presented is general legal information intended to alert you to possible legal problems and solutions. Patents are intended to protect inventions of a functional or design nature. Trademarks provide protection for indicators of the source of products and services used in commercial trade, such as words or logos. Copyrights provide protection for literary and artistic expressions. Patents, trademarks and copyrights are collectively referred to as intellectual property. Patents are granted by the federal government to protect inventions for a limited period of time. There are three types of patents: utility patents, design patents, and plant patents. A utility patent gives the patent holder the right to exclude others from making, using, importing, offering to sell and selling his or her invention for a period of 20 years from the date of filing a patent application. A utility patent may be obtained for processes, machines, articles of manufacture, or compositions of matter if the invention meets three basic criteria. (1) It must be useful; (2) it must be novel, in that it has not been previously known by others; and (3) it must be sufficiently different from what was previously known that it would not be obvious to someone having ordinary skill in that field.

Design patents are available for new and original ornamental designs for an article of manufacture. A design patent protects the design for 14 years from the grant of the patent. Plant patents may be obtained for certain types of asexually reproduced plants that do not occur naturally, for example, new varieties of roses. An inventor may prepare and file a patent application directly with the U.S. Patent and Trademark Office. However, the availability and scope of protection depend on how a patent application is prepared, so it is recommended that an inventor first consult a registered patent attorney or agent. At the outset, the attorney or agent may suggest that a novelty search be performed to see if a similar invention has been described in a previously issued patented. If an invention appears to be sufficiently different from what is known to exist, he or she can prepare the necessary papers to apply for a patent. Utility patent applications include a detailed description and drawings of the invention, as well as claims that legally define what protection is requested. It is possible to file a temporary application, referred to as a provisional application, before filing a regular utility application. A provisional application also must have a detailed description and drawings of the invention, but is not examined. A regular utility patent application that is filed within one year of the provisional application will be treated as though it was filed when the provisional application was filed. A patent attorney or agent can inform you of the advantages and disadvantages of filing a provisional application. There are strict statutory requirements in the United States regarding the time within which a patent application must be filed after an invention has been publicly used, or sold, or offered for sale. It is important that an inventor be prompt in seeking help in protecting his or her invention. If your invention has been in public use, offered for sale, sold or otherwise commercialized for more than one year before your patent application is filed, the inventor is barred from obtaining a patent in the U.S. unless the inventor can show that the public use was primarily experimental. Other countries have different bars, which are generally much more strict than those in the U.S., so it is best to consult a patent attorney or agent before you do anything to commercialize your invention or disclose it to others. The words “patent applied for” or “patent pending” mean that an application has been filed in the U.S. Patent and Trademark Office. Such notices create no legal rights, however, as patent rights are created when the patent is granted.

A United States patent provides no protection in foreign countries; however, filing a patent application in the United States prior to any non-confidential disclosure of the invention will temporarily preserve the inventor’s rights in most foreign countries, so long as applications are filed in those countries within one year after the U.S. filing date. However, so long as inventions are kept confidential, applications can be filed in other countries at any time. A patent is a property right that may be held for one’s own use, sold outright to another, or licensed to others. After a patent is issued, the federal government does not police the market for violations or infringements. If others infringe the patent, it is up to the patent owner to assert his or her rights. A trademark is a word, a name, a symbol, a device, a combination of these, or other indicator used exclusively to identify the source of products and distinguish them from others. Examples are “Kodak” for cameras, and “Chevrolet” for automobiles. Service marks are like trademarks, except that they identify services. Examples of these would be “McDonald’s” for restaurants, and “Holiday Inn” for motels. There is a hierarchy of protection for trademarks and service marks. The strongest are coined or arbitrary marks that in no way suggest or describe the product or service. An example is “Kodak” which was a coined or made-up word when first adopted. Next, and also protectable, are marks that merely suggest the product or service or suggest some characteristic or quality of the product or service.

At the bottom of the list, and generally not protectable, are descriptive marks. Generic terms can never become valid trademarks. Rights in a trademark or service mark are acquired in the United States by being the first to use the mark in commerce on or in connection with the goods or services. Rights also may be established by filing an application for trademark registration in the U.S. Patent and Trademark Office based on a bona fide intention to use a mark at a later date. A mark is not registered until it has actually been used on a product or service. It is not necessary to register a trade or service mark. It can be protected under state and federal laws without registration. However, it is beneficial to register the mark, either with the Oregon Secretary of State, or if interstate commerce is involved, with the U.S. Patent and Trademark Office.

When a mark is registered, particularly at the federal level, the registration provides to others notice of the registrant’s claim of ownership, and it gives federal courts jurisdiction to hear infringement claims. Once a trademark is registered with the U.S. Patent and Trademark Office, it may be accompanied by an “R” in a circle, or by some other notice indicating that it is registered in the U.S. Patent and Trademark Office. Before you adopt a mark for use on either a product or service, you should have a search performedto determine if someone else has previously established rights in the same or a similar mark. Again, an attorney may be helpful to you in making such searches before you adopt a mark and in later registering your mark. Additional information on patents and trademarks is also available at the web site of the U.S. Patent and Trademark Office, www.uspto.gov. Copyrights seek to promote literary and artistic creativity by protecting what the U.S. Constitution broadly calls “writings of authors”. Copyrightable works include literary works, musical and dramatic works, sculptures, motion pictures and other audio-visual works, sound recordings and computer programs.

A copyright protects only the particular expressions of ideas and not the ideas themselves. To be protectable, a work must be original and it must evidence some creativity. Depending on the nature of the work, the owner of copyright has the exclusive right to reproduce the work, to prepare derivative works, to distribute copies of the work, to perform the work, to display the work, and to authorize others to do these things. Once a copyrightable work has been created and fixed in a tangible form, such as being written down or recorded, it is protectable, whether it has been published or not. If it is to be published, all copies of the work that are published should preferably bear a copyright notice. The statutory copyright notice consists of the symbol of a “C” in a circle or the word “copyright,” the year of first publication, and the name of the owner of the copyright. In the case of sound recordings, a “P” in a circle must be used in place of the “C” in a circle. Audio-visual works should bear both the circle “P” and circle “C” indicators. Copyrights may be registered with the Copyright Office in the Library of Congress. As of 1989, it is no longer necessary to place a copyright notice on a work, nor is it a requirement to apply for registration with the Library of Congress, but such notices and filings are strongly recommended to obtain advantages in the event that a copyright is to be enforced in a court of law. For example, registration is still to bring a lawsuit, and the existence of a registration prior to an infringing act may entitle the copyright owner to additional monetary awards by a court. An individual’s copyright lasts for the author’s lifetime plus 70 years. A copyright registered anonymously, under a pseudonym or as an entity lasts 120 years from creation or 95 years from the date it is first published, whichever expires first.

Simply typing in the phrase “find an attorney in my county” in your favorite search engine won’t give you your desired results for the most part. “Find an attorney in my county” is a very broad term because there are millions of counties world wide. The search engine won’t know where it is exactly that you need a lawyer. You would be better off typing in a phrase such as “orange county attorney”, or “sacramento county attorney”, or whatever county you need a lawyer in. And always include the quotation marks in your search phrase. That will give you results for the exact phrase that you are searching and nothing else. If you don’t include the quotation marks, the search engine will give you results for each word in the phrase, which is usually in the thousands or even millions of results and may not be what you really need.

Let’s get back to “how to find an attorney in my county” subject. You will get much better results when you search for the exact attorney of your need. For an example, if you need a divorce attorney and you live in macomb county, you simply search for “macomb county divorce attorney”. Also, don’t forget to check for the other expression “macomb county divorce lawyer”. Attorney and lawyer is a same thing, but when the search engines are concerned, attorney and lawyer are two different words. You don’t know if the webmaster of the lawyer’s website has optimized the site for both words. For that reason you need to search for both. This search will produce only a few results that contain this specific phrase. This way you may get a website of an actual divorce attorney in macomb county or you may get garbage results, or even no results at all. It depends on what the search engines have in their database for that search phrase. Whether they have websites from actual attorneys, or from advertisers targeting that search phrase, or from some scammers who are also targeting that search phrase by tricking the search engines.

To narrow down your search even further, if you type in “orange county attorney”, you may get results from orange county in Florida and orange county in California, or elsewhere in the world. So, it would be better to try “orange county ca attorney” or “orange county fl attorney”. Or better yet “orange county ca divorce attorney”. These are very narrow search methods that will produce very few results and straight to the point. But, since you cannot depend on the optimization of the websites, whether they have been done correctly or mischievously (that’s how search engines know which website is for what), you would get a lot more relevant results by splitting your search phrase. By all means, try your search first with the above search phrases because you would have only a few results to evaluate. The next search method will give you hundreds or even thousands of results that would still be relevant, but you need to spend some time weeding out the bad ones or the ones that you don’t need.

What splitting the search phrase means is to include the lesser populated search in quotation marks and the more populated phrase without quotation marks. For an example, if you live in ramsey county and you need a DUI attorney, you can search for: “dui attorney” ramsey county. Also don’t forget: “dui lawyer” ramsey county. So, you only put the type of attorney that you need in quotation marks and the county without quotations. The reason you get thousands of results with this type of search is that every dui attorney website will contain the term dui lawyer or whatever lawyer you are searching for. But it may not contain the county term because either the webmaster forgot about it or didn’t know that he or she needs to include it. So, when you do this type of split phrase search, you will first get all of the results that contain the term dui lawyer (of whatever type of lawyer you’re seeking) from the websites that also contain the term that describes your county, and then the rest of the other websites within that county. You get more choices to choose from.

If the above methods don’t produce the attorney of your need (based on the optimization of the websites and the available sites in the search engine database), instead of wasting hours of endless search with no results, there are still easy ways to “find an attorney in my county” online.

Besides the above methods of typing in the county and the type of attorney in quotations, you can also use some free services to actually find the attorney for you. By the way, have you forgotten your yellow pages or whatever phone book you have in your county? That’s your best bet. But that’s the offline world. However, these types of services are also available online.

Any type of website that deals with locating businesses, such as anywho.com, truelocal.com, yellowpages.com, can find you an attorney in not only your county, but in your city. Just key in the type of attorney that you need under business category (i.e. immigration attorney) and choose your city and state. Also, you can try the lawyer directories such as martindale.com, findlaw.com, lawyers.com, that contain attorneys and law firms from the whole world. Lawyer referral services such as legalmatch.com, globallawyerreferral.com, your local and state bar association, can also find you a lawyer in your county.

Regardless of how you find your lawyer, remember that same principals apply while choosing your attorney. You need to make a list of qualifications you want in your lawyer and interview your prospect lawyers before you decide on who will represent you.

Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.

When facing the loss of their house, short sales are a method that some people choose to use in order to stop a foreclosure from taking place. This tactic takes place when it seems likely that the bank will lose less money than it would with a foreclosure. By definition, a short sale means that the home is being sold for less than is owed on the mortgage. In evaluating the pros and cons of a short sale, some of the cons include: having to pay taxes, insurance, and mortgage payments on the property until the house is sold; competing with other bargain basement-priced homes in the area; getting a negative mark on your credit report; losing all of your investment in the property; and the possibility of still owing money towards the mortgage of a home that you no longer own or live in. After dealing with all of these problems associated with a short sale of your house, you still have to find a place for you and your family to live. While a short sale may be one of the options you have, we believe that there are better options out there for you.If you are facing a similar problem, you should consider a home loan modification. Many California companies offer loan modifications, but not all companies have the benefit of experienced, licensed attorneys. The Feldman Law Center specializes in California loan modifications, which can help you avoid a foreclosure, bankruptcy, or short sale on your home. An attorney can help secure the most advantageous deal for you, your family, and your property.Loan modifications are one of the best options to choose when facing the loss of your home. When comparing a home loan modification to a short sale, you could potentially avoid all of the cons of a short sale. You would stay in your home, keep the investment you’ve made in the home, and avoid the hassle and expense of completing a short sale and finding new accommodations.Most California loan modifications include lowering or fixing the interest rate of your mortgage, which means that monthly payments would be stabilized to an amount that is more attainable for you. It can also include reducing the principle balance that you owe or forgiving some of your mortgage payment defaults or missed payments on fees. A modification completed by one of our loan modification attorneys can include any or all of the above features. The main advantage of having an attorney complete the negotiations with a lender is that our attorneys can achieve better results than you can achieve alone, and can achieve them more quickly.The attorneys of The Feldman Law Center are experienced negotiators of home loan modifications. Our founder, Steven C. Feldman has been licensed by the State Bar of California for over 25 years. Free quotes and consultations are available for you to help you make the most of your current situation. Contact us today and let us help you with your home loan modification.

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If I have an auto accident, do I have to stop? Yes. California law says you must stop—whether the accident involves a pedestrian, a moving car, a parked car or someone’s property. If you drive away, you can be charged with hit and run even if the accident was not your fault. You must also exchange information with the other driver—your name and driver’s license number, the vehicle identification number of the car you are driving, the name and address of the car’s owner, the name and address of your insurance company and your insurance policy number (or other evidence of financial responsibility, such as a bond posted with the Department of Motor Vehicles). Hit-and-run penalties are severe. Depending on the damage or injuries, you may be fined, sent to jail or both. You also could lose your driver’s license. If you hit a parked car or other property, try to find the owner or driver. If you cannot, the law says you may drive away only after you leave behind, in a conspicuous place, your name, address and an explanation of the accident, and the name and address of your car’s owner (if other than yourself). You also must notify the local police or California Highway Patrol (CHP) either by telephone or in person as soon as possible. You must call the police or the CHP if the accident caused a death or injury. An officer who comes to the scene of the accident will conduct an investigation. If an officer doesn’t show up, you must make a written report on a form available at the police department or CHP office as soon as possible.What should I do if someone is injured? The law requires you to give reasonable assistance to anyone who is injured. For example, you may need to call an ambulance, take the injured person to a doctor or hospital, or give first aid—if you know how. If you are not trained in the appropriate first aid procedures, do not move someone who is badly hurt; you might make the injury worse. However, you should move someone who is in danger of being hurt worse or killed (for example, in a car fire) even if you do make the injury worse. To help prevent additional collisions, try to warn other motorists that an accident has occurred. Placing flares on the road (only if there are no flammable fluids or items nearby), turning on your car’s hazard lights and lifting the engine hood are usually good ways to warn others on the road. Arrange to get help for anyone who is injured, and try not to panic. How can I get help? As soon as you can get to a telephone, call 911. Explain the situation and give the exact location of the accident, so that help can arrive quickly. Be sure to mention whether you need an ambulance or a fire engine. Remain on the telephone until the operator tells you it is okay to hang up. Or, flag down a passing car and ask the driver to go for help. The driver may have a cellular phone in the car and can make an emergency call on the spot. What information should I gather at the accident scene? Since many records now are confidential under the law, you may not be able to obtain the information that you want from the Department of Motor Vehicles (DMV). So be sure to get as much correct and complete information as you can at the scene of the accident. You and the other driver should show each other your driver’s licenses and vehicle registrations. Then you should write down:

If there are skid marks on the road, pace them off. Draw them on the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights or streetlights. If you have a camera with you, take pictures of the scene, and of the other drivers and occupants. However, do not place yourself in a position of danger in order to complete an accident diagram. Be aware of traffic conditions and skip any measurements that could place you in a position of harm. Make notes, too, on weather and road conditions. If the accident happened after dark, note whether the streetlights were on. Estimate your speed and that of the other vehicle. Be sure to record the exact time, date and place the accident happened. If I think the accident was my fault, should I say so? Do not volunteer any information about who was to blame for the accident. You may think you are in the wrong and then learn that the other driver is as much or more to blame than you are. You should first talk to your insurance agent, your lawyer or both. Anything you say to the police or the other driver can be used against you later. Do not agree to pay for damages or sign any paper except a traffic ticket (see #6) until you check with your insurance company or lawyer. However, be sure to cooperate with the police officer investigating the case. But, stick to the facts. For instance, if you were driving 30 miles an hour, say so. Do not say, “I wasn’t speeding.”

You’re in the attorney’s office and you are about to sign a retainer agreement and enter into an agreement with the attorney, but do you really have a clear understanding of your agreement? Before you enter into any sort of an agreement with the attorney, you would be wise to consider the following points.

(1) Read the attorney-client agreement

(2) Purpose of the agreement

(3) Financial terms of the agreement

Read the attorney-client agreement

As trivial as it may sound, it is imperative that you read the entire contract or attorney-client agreement before you sign it. Often times one may feel rushed or feel that the attorney-client agreement is just a standard form that all attorneys use. Although it may be true that the attorney-client agreement may be a common contract, the language in the contract may vary vastly from firm to firm. Therefore, it is important that you read the agreement to know exactly what you are agreeing to. Additionally, an attorney should give you as much time as you need to review the contract and answer any questions you may have. Further, you would be wise to get a copy of any agreement you sign before leaving the attorney’s office.

Purpose of the agreement

The attorney-client retainer agreement sets forth the ground rules for the attorney and client relationship. It is also supposed to build good will between the client and attorney. However, this is not always the case. For example, when the attorney-client agreement is not fully explained to you or if it is written unfairly to benefit the attorney, it can create complications and negatively impact the attorney client relationship. Be sure you understand the ground rules of the agreement before you agree to it.

Financial terms and conditions

Be sure you fully understand the financial terms and conditions of the agreement before you sign it. The type of fee agreement may be contingent, hourly, flat, or a mix or combination of each. Other costs such as filing fees, photocopies, mailing and couriers, mileage and travel, parking, and telephone calls should be clarified. If the attorney charges per hour, you will want to review the minimum billing unit or minimum time increments you will be bill for a task. For example, some agreements may state you will be charged in bill units of .10 of an hour (or 6 minutes) or perhaps .25 of an hour (or 15 minutes). To further illustrate, if an attorney charges $200 an hour and bills in minimum increments of .25 an hour, a task that took an attorney one minute would cost you $50! In general, a bill unit of .10 of an hour (or 6 minutes) is common. The fee agreement should be fair, reasonable, and fully explained to you. If you have questions about the fee agreement, be sure to ask and get clarification before you sign it.

Attorney-client agreements lay out some important ground rules and financial terms and conditions for the attorney and client relationship and before you enter into any sort of an agreement with the attorney, you will want to make sure you understand the agreement and its terms and conditions before you sign it.

© 2007 Child Custody CoachChild Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

Feldman Law Center – Toxic mortgages approved for borrowers that couldn’t afford them may have started the meltdown in mortgages but the current wave of foreclosures is being fueled by rampant unemployment across the country. Evidence of that is now being provided by the acceleration of defaults in mortgages granted to high credit score borrowers, commonly known as prime mortgages. The report of May’s 9.4% unemployment rate is more bad news for lenders and their investors as the biggest sector of the mortgage market is now showing a default rate greater than that of the sub-primes.The rising unemployment rate, which has increased every month since the first quarter of 2007, is threatening to reverse any of the currently small gains being made in stabilizing the housing market. In many cases, unemployment can trump any mortgage relief effort short of foreclosure due to the fact that the best terms on a home loan modification, for example, are not going to work if the homeowner can’t write a monthly mortgage check to the lender.

Regardless of the type of mortgage, the current default ratios are stunning.  In total a record 12 percent of homeowners with a mortgage were behind on their payments in the first quarter, the Mortgage Bankers Association (MBA) said Thursday. The mortgages which started blowing up first, adjustable rate mortgages for sub-prime borrowers are still a significant factor in foreclosures. Today, almost half of all subprime ARMs are past due or in foreclosure. In states like New Jersey, Florida, and New York those rates exceed 55%.

The riskiest tranches of the adjustable subprimes began defaulting en masse in the fourth quarter of 2006, starting a domino effect of sub-prime lender closures leading to the freeze of the credit markets in the third quarter of 2007. The general opinion at the time was that the defaults would be contained to the sub-prime market with the possibility of some spillover to the most marginal of the Alt-A loans. Instead, foreclosures and unemployment began working as mutually re-enforcing factors and defaults climbed the ladder of credit scores, reaching and accelerating defaults in the prime mortgages in the second half of 2008. Six percent of the fixed rate primes are now past due, in default, or foreclosure, an increase of 100% over this time last year. The dynamic between unemployment, foreclosures and their effect on the economy has led to the longest recession since World War II.

Four states, California, Arizona, Nevada, and Florida represent almost half of new foreclosures and carry the highest number of delinquencies in fixed rate prime mortgages. It’s no coincidence that these states carry some of the highest unemployment numbers in the country as well.

The relationship between unemployment and foreclosures now has industry watchers wondering whether the Obama Administration is spending its energy, and funds, on the right target. Their reasoning is that if unemployment continues to grow at the current pace, the “Making Home Affordable” plan won’t matter because homeowners are not going to be able to afford even the best offers for a home loan modification if they’re not working. A better approach, they say, would be for the government to take a regulatory role on the mortgage market, develop an accreditation program for law firms doing home loan modifications, and put their main focus on boosting the economy.