Homeowners may be able to Fight Back to Protect Their Rights and Save Their Home from Getting Foreclosed

According to the US Department of Housing and Urban Development, between 2007 and 2014, around 4.2 million homeowners in the U.S. lost their homes due to foreclosure. Foreclosure is a legal process wherein a creditor or mortgage lender puts up for sale a loan collateral (a house) in order to recover from a borrower all unpaid mortgages. Foreclosure usually starts after a borrower becomes delinquent in mortgage payment for three successive months.

There are two major types of foreclosure: judicial and non-judicial. In judicial foreclosure, the mortgagee or creditor (usually a bank) will need to file a case in court to start a foreclosure procedure on a delinquent borrower’s property. It takes several months for this procedure to be completed, though, giving the homeowner the chance to raise a legal defense that may save his/her property. There have been a number of foreclosure defenses resorted to in the past that have helped homeowners save their property, including:

  • a. Servicemember on active duty.
    • If your creditor filed a case in court to start foreclosure on your property, you are allowed to write the court to request for a postponement of the foreclosure proceeding. Protection against mortgage foreclosure is just one of the many types of protection provided by the Servicemembers Civil Relief Act (SCRA), formerly called the Soldiers’ and Sailors’ Civil Relief Act (SSCRA), for members of the military entering active duty.
  • b. Unconscionable (unacceptable) mortgage term.
    • This happens when a creditor/lender takes advantage of, misguides and deceives a borrower by designing a mortgage loan contract that is actually intended to make mortgage payment impossible, giving it the opportunity to seize and foreclose upon your property.
  • c. State procedures were not observed by foreclosing party:
    • In a foreclosure procedure there are steps that the foreclosing party needs to observe, such as serving the loaner a notice of default and giving the borrower 30 days to make a payment after the notice of default has been issued. Failure to observe any of the steps required in the foreclosure procedure gives the loaned the legal right to defending against such foreclosure.
  • d. Foreclosing party cannot prove ownership of mortgage:
    • There are times when the foreclosing party is not able to present ownership of mortgage. This is a common case wherein a mortgage contract has been purchased by different companies, so that ownership of the contract has passed from one owner to another.
  • e. Mistakes committed by the Mortgage Servicer:
    • There have been times when a case (that will start foreclosure proceedings) was filed in court by a lender, only to find out that the bases for the foreclosure were actually mistakes committed by the mortgage servicer. These mistakes include:
      • The error of crediting mortgage payment under another loaner’s name;
      • Imposing very high fees or collecting fees not approved by you or by the creditor; and,
      • Declaring a mortgage amount that is much higher than what you really are supposed to pay.

In its website, the law firm Gagnon, Peacock & Vereeke, P.C., says, “For most people, the home they live in is the most important possession they will ever own. That’s why a foreclosure on their home can be one of the most challenging experiences to go through. Not only can a foreclosure cause lasting damage to an individual’s financial standing, but it can also deprive them and their families of the place they have called home for years. Sadly, there are far too many situations in which lenders wrongfully foreclose on a home.

Wrongful foreclosure can be an extremely difficult thing to go through; however, homeowners should know that with the help of qualified legal counsel, they may be able to fight back to protect their rights and do everything they can to keep their home.”

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Slip and Fall Accidents Can Happen Anywhere

Slipping, tripping, and falling are accidents that can cause serious injuries, particularly in the head, neck, back, hip, and arm areas. Even though these types of accidents are devastating, property owners and managers still become negligent and let their premises have conditions that can trigger such accidents.

They have the responsibility to make their premises safe to avoid accidents and injuries. Any mistakes resulting into someone getting hurt may be grounds for premises liability claims. Also, according to the website of these Panama City personal injury attorneys, the victims may receive compensation for the damages.

How Slip and Fall Accidents Occur
Slip and fall accidents can happen anywhere. Outdoors, they may happen on parking lots and sidewalks. Indoors, they may happen on hallways, escalators, and stairs. They may also happen on private and public properties, such as residences, offices, and construction sites.
These accidents happen because of catalysts. For outdoors, the following factors may be considered:

  • Ice and snow buildup on roof
  • Poor lighting
  • Trash and debris
  • Uneven surfaces like potholes and cracks
  • Water, ice, snow on pavement

For indoors, the following factors may cause slip and fall accidents:

  • Defective escalators, elevators, and stairs
  • Loose cables and other obstructions
  • Slippery substances like spilled drinks and floor wax
    Worn carpets

How Slip and Fall Accident Claims Work
Slip and fall accident claims can be very tricky, so it is best to consult legal professionals on the matter. Typically, claims can only be viable when they pass certain conditions, such as the following:

  • Property owner has created the dangerous condition
  • Property owner has known that the dangerous condition exists and has failed to act accordingly
  • Condition has existed long enough for the property owner to have discovered and corrected it

Damages from Slip and Fall Accidents
Slip and fall accidents are some of the most tragic things that can happen to a person, especially if the accident has been caused by the negligence and recklessness of property owners or managers. Below are just some of the damages the victim may sustain.

  • Injury
  • Lost wages
  • Medical costs
  • Pain and suffering
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Facing Cocaine Possession Charges

Cocaine is a Schedule I drug due to its addictive and harmful nature. The accusation of cocaine possession can result in expensive fines, and alter aspects of daily life such as employment.

Cocaine Penalties

According to the website of Horst Law, penalties for Schedule I drugs are among the most expensive and are associated with longer sentences than other drugs. Penalties for the various amounts of cocaine possession can range from 180 days in jail to life in prison, depending on the amount of the substance authorities find. Monetary penalties can vary, with a maximum fine of $100,000 in some places. Punishments increase depending on the amount because law enforcement can argue that after a certain threshold, there is more drugs than one person can reasonably consume, so they assume you must be trying to distribute them. Those charges have harsher consequences and can be tacked on in addition to possession ones.

If accused of cocaine possession, you have a difficult road ahead of you. You are probably facing a trial and possible jail time. This can be scary, but remember that you are innocent until proven guilty, so there is still a chance that you can go free and not have to face any of the incredibly harsh penalties that come with drug possession charges.

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Latest Trends In The Car Insurance Industry

Technology has made its presence felt in just about any industry. In the corporate world, computers are slowly taking the place of humans. One other industry is starting to embrace technology is car insurance. A car insurance provider that utilizes up-to-date technology has a competitive advantage over other companies. Not every company will offer technological innovation.

The last decade saw an increase in more complex automotive technologies that has made driving safe impacting car insurance premiums. Big data has improved a company’s ability to forecast risk trends. In the coming years, the insurance industry will be feeling the impact of these innovations.

One of the biggest changes that will impact the car insurance industry is driverless vehicles. According to the ENO Center for Transportation, if 9 out of 10 vehicles on the road were driverless, the result would be 4.2 million accidents less and 21,700 lives saved a year. A study by the Transportation Research Institute of the University of Michigan revealed that driverless cars with unoccupied “return home” could decrease vehicle ownership by 43%. Google estimates a 90% drop in vehicle ownership with this technology.

Another technology that will find its way in the market is telematics. It combines computers and wireless technology in order to stream information across several platforms. Telematics helps provide car insurance companies with information such as the length of time a car went over a certain limit or how quickly a driver hit the brakes. The technology was used in 2012 when State Farm partnered with Ford in order to create a pay as you go policy.

User-Based Mobile Applications

Insurance companies are starting to offer mobile applications in creating quotes, reporting claims, getting information, and allowing customers to summon agents to their home. Likewise, it has allowed drivers to transmit live vehicle data and capture images and loss investigation information.

As technology slowly finds its way to the industry, the need for car insurance will feel its impact until such a time that there would be no need for it.

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Healing Clays for Pets

In a time where pollution, chemicals, additives, and occasional inspection for mycotoxins (and other contaminants) in pet foods, many people are looking for a healthier and more natural alternative to help our pets protect themselves from health problems both internally and externally. The Food and Drug Association (FDA) lists 35 different dog food and treat recalls in 2015 and January of 2016. In the natural world, animals have been known to eat earth or soil to help their digestive systems and avoid poisons. This therapeutic use of earth or soil has been seen in a number of species, such as cattle, birds, wolves, and even fish, either by eating the soil or using it externally.

In order for healing clay to be therapeutic to animals, it should allow for great digestive support and provide needed minerals that support healthy digestive system. According to the Earth’s Natural Clay website, calcium bentonite clay is one of the widely used healing clays not only for humans but for animals. It offers a holistic care that benefits the body in three major ways: maintenance, medicine, and natural supplement. It has been proven scientifically to help the body is a variety of ways, mainly through simple processes like cleansing the body of toxins and replacing them with minerals that promote and strengthen the immune system. Balancing the ph level of the gut, it boosts health bacteria in the body. When used externally, it can fight off infections and heal injuries faster.

Being pet owners, we have the responsibility of ensuring that our beloved pets are in the peak of health, although this may not always be easy because of language barriers. We have to check whether out pets are well through their actions and behaviors. Any unnatural behaviors and changing habits are indicative that the animal may be suffering, and a check up is necessary mineral deficiencies and poor digestion can be a cause of such distress, therefore ensuring that your pet are getting the necessary minerals and absorbing the vital nutrients from their food and drinks would prevent diseases and illnesses. Make sure that you keep your pets healthy by giving clay that helps boost their immune system and support their health.

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Medical Dangers: From Defective Pharmaceuticals to Physician Malpractice

It’s important for any population to have access to an effective and efficient health care system. Everyone in the medical community plays an important role in making sure this is true. Both medical professionals and pharmaceutical companies have a responsibility to provide the public with quality service that meets the high standards demanded by their industry. Failure to meet these standards can easily become detrimental to the public they are hoping to help, leading to potential medical dangers that can risk people’s safety and even lives.

The existence of medical dangers is a topic that is mostly just alluded to. While there is certainly coverage of such incidents in the media, not many people are aware of the potential detriments caused by a well-trusted community. Based on data from the U.S. Department of Health and Human Services, a total of 160,619 cases of medical malpractice payments were reported during the 10-year period of 2003 until 2013. In a separate report by the American Nurse Today, it is estimated that roughly 7,000 people are killed due to adverse effects caused by drugs and medication errors. Both these figures underscore that medical dangers is becoming an important but unrecognized issue in America.

Medical malpractice can come in several forms. According to the website of the Driscoll Firm, birth injuries are among the most common. Birth injuries happen due to a physician’s negligent error that occurs any time before or during an infant’s delivery. These injuries can result in life-altering conditions such as cerebral palsy.

When it comes to the issue of defective medical devices, a specific example can be found in the adverse effects caused by vaginal mesh. As noted at www.williamskherkher.com/practice-areas/defective-pharmaceuticals/vaginal-mesh-lawsuit/, the surgical mesh meant to provide support to the vaginal wall can cause certain complications that are quite alarming. The risks of using a vaginal mesh include developing fistulas, infections, and urinary retention.

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Contributing Factors to Car Accidents in the United States

It is hard not to agree with the assertion that there is a high rate of car accidents and other traffic crashes all over America. As evidenced by data from the United States Census Bureau, an annual average of 10.6 million accidents were noted for a 6-year period starting from 2004 until 2009. In all these millions of accidents, many have been fortunate enough to walk away with minor injuries. However, there are also a significant portion of those affected that were severely injured or even killed.

There are so many factors that contribute to these dangerous incidents. Car accidents can happen due to factors that are out of the hands of drivers, such as mechanical defects and hazardous road conditions. However, there are also times when car accidents are caused by negligent and reckless behavior. Drunk driving is one of the most common reasons for car accidents that result in fatalities. Other negligent errors include traffic violations such as speeding, failing to use proper signals, and disregarding traffic lights and stop signs.

SUV and 4-wheel drives are also susceptible to a few added factors. These vehicles can easily fall over to the side or flip over completely in what are called rollover accidents. This is typically due to the size of the vehicle, which can cause instability when a driver suddenly swerves or make abrupt turns. Defective designs on the part of manufacturers can also make rollover accidents even more possible. While newer models have specialized equipment installed in vehicles to help with stability, older models lack the proper apparatus to solve the dilemma.

A car accident can be a very traumatic event, causing serious injury and other long-term consequences. It’s important for drivers to know of the factors that contribute to these events in order to keep a presence of mind while out on the road.

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Chapter 11: Bankruptcy Option for Texas Businesses

In the last recent years, the instability in the U.S. market dealt significant impact in the lives of millions and millions of Americans. While the nation is now slowly recovering from this downturn, much of the population still remains affected by the financial crisis. Among those severely affected by the recession are business owners. Many of these people are left with few options, and some still face the threat of having to close down their businesses for good.

An option available to these businesses is delineated in chapter 11 of the U.S. Bankruptcy Code. According to the website of Erin B. Shank, P.C., many business owners favor Chapter 11 bankruptcy because it allows them to reorganize and repay their debts while maintaining operations. Basically, filing a Chapter 11 petition can be granted a reorganization plan enabling business owners to repay their debts over a specified time period. While following this reorganization plan, business owners can successfully continue on with their operations and earn profits to help chip away at their debt.

There are some cases when a court might require a business to have some assets or properties liquidated in order to successfully cover their debt. This can effectively force a business to downsize in a very significant way. As a result, the website of Erin B. Shank, P.C. emphasizes that a Chapter 11 bankruptcy is most suitable for businesses with significant assets and income.

A Plano bankruptcy attorney may let you know ahead of time that another hurdle to a Chapter 11 bankruptcy is the amount of time it takes to process the petition. It will also require a petitioner to pay substantial fees that is at least around $500. Still, even with these concerns, a Chapter 11 bankruptcy can provide businesses the opportunity to pay off debt and keep their doors open to serve their clientele.

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Selling Mineral Rights: Some Top Considerations

‘Mineral rights’ is a term used to describe the unique set of privileges awarded to individuals owning property. These privileges award property owners full control to any minerals that is found within their real estate, allowing them to extract, sell, and bequeathed both organic and non-organic materials for any given purpose. Minerals such as oil, coal, gas, and gemstones fall under these clauses in laws governing property ownership.

Those holding mineral rights to their property can be faced with several dilemmas and important decision. Among the many considerations that should be analyzed by these property owners is the question of whether or not it is beneficial to sell their rights to another party. As an alternative to selling, property owners can also consider leasing out their property. The first choice allows a property owner to receive an immediate sum as payout. Meanwhile, the second scenario gives the property owner the opportunity to receive royalty payments from the materials mined by whoever holds the lease. This decision can easily be overwhelming because both can prove to be beneficial in the long run. However, most experts advocate that selling mineral rights is a much better choice.

Simply leasing mineral rights leaves property owner vulnerable to the possible decline of the value being mined on their land. When this happens, the amount of royalty payments they will receive in the future can continue to decrease. Selling mineral rights offer much more security, offering property owners a huge payout at the time when the material on their land is at its most valuable. Property owners can also be assured that they won’t have to face significant increases in tax that is typically associated with royalty earnings.

This immediate payout can prove valuable should there be an emergency that requires immediate financial attention. An accident or a sudden death in the family can do a lot to strain one’s stability and having a lump sum can definitely come in handy.

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Amebiasis: Causes, Symptoms, and Prevention

Hydrating with the right enough of fluids is extremely important to one’s health. As a result, it’s easy to see why water-borne diseases can be very alarming. Among such conditions caused by contaminated water sources is amebiasis, caused by the one-celled parasite ‘Entamoeba histolytica’. This parasite can enter the body typically through the ingestion of contaminated food and water, although it can also be passed on by swallowing food and water that have picked up the parasite’s cysts or eggs.

Amebiasis is particularly alarming because it is highly contagious. Anyone carrying the parasite in his or her system can easily pass it on through their stool. When this fecal material contaminates food or water sources, the disease can very quickly spread to others. While the parasite can lie dormant and not cause any noticeable symptoms for some time, it can invade the lining of a person’s large intestine and cause stomach pain and cramping, nausea, bloody diarrhea, and fever. In rare cases and without proper treatment, the parasite can soon invade the liver and form an abscess.

According to the Centers for Disease Control and Prevention or CDC, amebiasis is most common in people that reside in tropical areas with poor sanitary conditions. However, they are also quick to note that amebiasis can also be contracted in the United States, especially for people who have recently travelled to or have emigrated from these tropical areas. Unreliable water and sanitation systems can also be a big factor in the spread of amebiasis. This can be true for establishments and institutions, as well as the home.

Fortunately, while the condition is quite common, it is also as easy to prevent. For one, children might be more susceptible to contracting amebiasis due to exploratory play. Encouraging them to wash their hands frequently, particularly before a meal, should protect them from the disease. Making use of an Austin water filter, softening system, or a filtering system may also be helpful. A foolproof way to keep water sources at home completely safe, is through the use of water softening and filtering systems in residential homes. For individuals traveling to countries with poor sanitary conditions, the CDC suggests drinking from sealed bottles or cans.

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