Rives Law Offices

Legal Tip of the Day: Fraudclosure. Use to be, a foreclosure was something that happened to somebody else-somebody who couldn’t manage his money. As recently as 2000, there were less than 500,000 foreclosures in the whole country. But, in 2011, there were almost 4,000,000. Today, the hardest hit state in the country is Nevada, with one in every 115 households in foreclosure. Nationwide, the number of homes that are underwater (it is worth less than the mortgage-when you owe ...more on the house than it is worth) is growing. Refinancing seems to be an obvious alternative. If homeowners can refinance their loan, they can lower their monthly mortgage payments, they can stay in their homes, the bank gets paid and everybody wins. The problem with that is that lenders require the homeowner to prove financial hardship in order to modify their loans. And, the way to show hardship is to quit making your mortgage payment to prove that you can no longer afford it. The downside is that you are now allowing the lender to initiate what called a "dual track" process. This is where banks initiate the foreclose proceedings on homeowners at the same time they are negotiating for a loan modification with their bank. This is putting a lot of trust in a bank. If the bank decides they don’t want to modify the loan, they can just foreclose. Both processes are happening at the same time. Technically, the lender could even foreclose on a home during the loan modification process. How can banks get away with that? In some state, they can’t. California recently passed a law called the Homeowners’ Bill of Rights that requires banks to give homeowners a "yes" or "no" answer on a loan modification before proceeding with a foreclosure. If the loan modification is approved, the bank must rescind the notice of default. If the loan modification is denied, banks must send a letter to the homeowner explaining why it was denied and then give the homeowner an opportunity to pay their arrearages. The bank can’t sell the home through foreclosure while a loan modification request is pending. If they do, the homeowner can take the bank to court to stop the sale and perhaps get other monetary damages. Other states are passing laws to deal with the foreclosure crises. Nevada gives the homeowner more time to fight the foreclosure by requiring the lender to prove it owns the mortgage before it forecloses. This is not as easy as it sounds when mortgages today are sold and re-sold repeatedly in the marketplace. Be Smart. Dealing with lenders is tricky. Each state is different. Consult with an attorney with experience in dealing with wrongful foreclosures www.riveslaw.com & http://www.onthehouse.com/secti/features/legal_tool_chest/

Legal Tip of the Day: Firing Up the Chainsaw Ever look at your neighbor’s overgrown tree branches hanging over your fence, and wonder, what would ...happen if you just took a chainsaw to it? What about roots from your neighbor’s trees creeping under the fence, inching forward and cracking your concrete patio? Do you have the right to remove these common foes that seem to thwart the upkeep of your yard? Where the roots and branches of trees creep over into your own property, ...most states allow you to cut off the intruding growth- at your own expense. Some states treat the encroaching roots and branches as a trespass while others treat them as a nuisance, which a landowner may remove. In California, for example, your right to remove the branches or roots is not absolute. You can exercise your right to trim or chop away on your side of the fence but only if the tree survives. Before you fire up your chain saw, be smart. Talk to your neighbor about his overgrown trees or invasive roots. Try to get his permission. Sharing your concerns is the best way to avoid a neighborly feud that could get both ugly and expensive. And who knows? Maybe he will lend a helping handor better yeta helping chain saw.

Legal Tip of the Day: Dog Bites. Like us at http://www.facebook.com/RivesLaw Some states, like Nevada and Oregon, still observe the old common law one bite rule. You are not responsible unless you know your dog is dangerous or vicious. You can’t know that until your dog actually bites someone. So, Rover gets one bite free. Hence, the One Bite Rule. Other states have a mixed one bite rule. In New York, you are responsible to pay the victims medical bills whether you kn...ow your dog is dangerous or not. However, the victim collects no disability or compensation for pain or scars unless Rover has done this before. Most states, like California, hold you liable from the first bite on. Dog attacks can be serious. People die, are left with disfiguring scars or undergo painful rabies treatment. However, it is a defense in almost all states if the victim is trespassing or provokes the dog. If your dog attacks someone, cooperate with the authorities and call your homeowners insurance agent. Homeowners insurance may provide you coverage and a lawyer whether the attack happened on your property or not. Check out the audio at: http://www.onthehouse.com/secti/features/legal_tool_chest/

.Legal Tip of the Day: Is Your Contractor Licensed? Like us at: http://www.facebook.com/RivesLaw The floor is so scarred and stained that even your cat won’t walk on it. Maybe, , it’s time to remodel. Ya think? Having a contractor work a...round your home can be stressful at best. There are, however, steps that you can take from a planning standpoint that will improve your odds for a less stressful experience and a better job. Rule one in selecting your contractor is to ...be sure that he is a state licensed contractor. Ask your contractor applicant to provide a picture form of identification along with his or her licensing card or license itself. The license is a matter of public record and you should check the status with your state’s contractor licensing agency. Be sure the license is current and in good standing and that the license is for the work called for in your job. The greatest living licensed roofing contractor is not the one you want installing your new kitchen. Do your homework and chances are good that you will eliminate lots of potential chaos and you will be happy with your project. For full audio, visit the Legal Tool Chest at On the House with the Carey Brothers: Nationally Syndicated Radio Show at http://www.onthehouse.com/secti/features/legal_tool_chest/