Divorce and Annulment – What’s The Difference?

Posted by on May 22, 2016 in Divorce and the Family | 0 comments

There comes a time in married life, when couples decide to go their separate ways due to irreconcilable differences. According to the website of The Maynard Law Firm, ending a marriage can be complicated and emotionally charged. It can have lasting consequences for the couple, their families, and their finances. Aside from that, according to the website of Marshall & Taylor, PLLC, there are also pressing issues that they need to deal with such as child custody, visitation rights, and others.

When there is really no other option left but for the couple to move on separately, they have a variety of options to choose from and two of them are divorce and annulment. According to the website of Kirker Davis, LLP, both are legal processes that comes with difficulties and obstacles for the couple. But what is the difference between the two? Let us take a closer look:

Annulment cancels a marriage between a man and a woman. In a legal proceeding, a marriage is annulled which means that it never technically existed or invalid. On the other hand, divorce ends the validity of the marriage making the couple single again with the option to marry again. The former can also be filed by either party. They need to prove that there is a ground for filing an annulment and if proven, the marriage will be nullified and voided by the court. Some grounds for annulment include bigamy, forced consent, fraud, mental incapacity, underage marriage, to name just a few.

Depending on the state, divorce can be much more complicated than annulment. With the former, the assets of the married couple are divided and their debts are settled. As for the children, divorce proceedings determines issues such as custody, visitation rights, and child support. State laws will determine whether your annulment or divorce is simple or complex.

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When Is It Time To Seek The Help of A Credit Counselor?

Posted by on May 21, 2016 in Financials | 0 comments

Some people just cannot seem to make ends meet. According to the website of Erin B. Shank, PC, many people find themselves in a financial problem that they end up seeking advice from a credit counselor. For some people who just cannot control their spending habits, counseling is a great way to deal with a financial problem and change your attitude towards money.

According to CreditCards.com, the average American household with at least one credit card owner owes around $15,950 in credit-card debt. So how do you know that you need the help of a credit counselor? There are tell tale signs that you need to be aware of that you need help controlling your finances. Here are some of the red flag that tells you it is time to get help:

  • You are paying your credit card bills with another credit card. You apply for more cards in order to pay for your current ones thus sinking you further into debt. If you are doing that, you are only accumulating more debt as you are also accumulating more interest.
  • You cannot pay for living expenses. You need to remember that you have basic needs that you have to satisfy such as food, housing, utilities, and more. If you are not able to meet these expenses, it is a sign that you need some help from a professional. A credit counselor can help you realign your budget so that you will be able to pay for necessary expenses.
  • You are getting calls from collectors. When your mail starts to get piled up with notices and legal letters. Having creditors knock on your door can be an embarrassing experience and you do not want that to happen. Get help from a credit counselor before it’s too late.

The best thing to do to get yourself out of credit debt is to live within your means. Do not spend on items that you do not really need.

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Recognize The Right of Way And Avoid Car Accidents

Posted by on May 19, 2016 in Car Accidents | 0 comments

When driving in traffic, we often encounter the term “right of way.” Depending on road rules, this term refers to a driver giving priority to pedestrians or to another vehicle. Non-yielding to the right of way rule may subject the erring driver to fines or liabilities in case of an accident. According to the website of Habush Habush & Rottier S.C. ®, you can make the other driver liable for any accident that may happen for their failure to yield to right of way. Meanwhile, according to the website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., even minor accidents can result to serious injuries, pain and suffering and other accidents.

In general, a driver approaching an intersection is governed by the right-of-way rule. Drivers who are turning left must give way to vehicles which are going straight or turning right. When there are two drivers at an intersection and they arrived at the same time at a right angle, the driver on the left is subjected to the right of way.

An Appleton personal injury lawyer would probably tell you that the right of way rules are designed to promote traffic safety. When a pedestrian or another vehicle gets in the way of a driver, this is where altercations, conflicts, and accidents can happen. The law does not allow an individual to the right of way but only sets rules on who should yield. So having an understanding of the right of way can help prevent accidents and make driving a more pleasant experience.

Emergency vehicles such as an ambulance, fire truck, police vehicle, or paramedic vans always have the right of way. To yield, move your vehicle to the far right side of the road and stop until the emergency vehicle has passed safely. When approaching at an intersection without STOP or YIELD sign, slow down and stop. When a vehicle is already in the intersection or approaching it in front of you, the car that arrived first has the right of way.

Pedestrians who are crossing at corners or crosswalks always have the right of way. Always keep in mind that just because they made eye contact with you, a pedestrian will yield the right of way to you. A simple understanding of the right of way can go a long way in preventing car accidents.

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Common Errors That Lead to Wrongful Foreclosure

Posted by on May 17, 2016 in Financials | 0 comments

“There’s no place like home,” as they say. For most of us, a home gives security. It gives us a place where we can relax, become comfortable, and protection from natural forces. Getting your house foreclosed can be a challenging experience. But a wrongful foreclosure is even more difficult. A Plano wrongful foreclosure attorney will probably guide you to the relevant legal actions available to you for whatever reason your property was wrongfully foreclosed.

Wrongful foreclosures arise from a banks’ lack of due diligence when processing claims. While banks have continuously denied this, foreclosure lawyers are saying that this is not only happening but is widespread. Here are some of the common errors of banks that result to a wrongful foreclosure:

1. The homeowner was not in default but faced foreclosure

Sometimes banks have the tendency to mistakenly foreclose a property even if the owner was not in default. This error is often due to miscommunication between lenders, servicers, title insurers, foreclosure law firms, and other bank contractors.

2. Homeowners were adviced that they were qualified for a loan modification

In a recent survey, 373 homeowners revealed that they were incorrectly adviced to stop making mortgage payments to become eligible for loan modification. In addition, a report by Courthouse News Service revealed that some homeowners have either lost or came close to losing their property because the bank told them to default and then foreclose.

3. Homeowners were behind on their mortgage but could have caught up if not for the additional fees

The mortgage servicing industry has received a lot of criticism for deceiving consumers by charging hidden fees such as late fees, broker-price opinions, inspection fees, and others. The Federal Trade Commission advises consumers to read billing statements first to guarantee the legitimacy of fees.

4. Dual track of foreclosure and loan modification processing

Banks tend to process foreclosures and loan modifications simultaneously resulting to foreclosure of the property. The Federal program requires a mortage broker or servicer to provide borrowers a denial notice before foreclosing their property.

5. Ther bank was not able to provide prrof its standiong to foreclose

Even if the homeowner is clearly in default for reasons outside to servicer action, the servicing company still cannot foreclose the property. It has to be the borrower or his representative.

Losing a home can be an extremely embarrassing experience especially when it was through the negligence or error of another person.

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