Powers of Attorney Fail to Prevent Guardianship

A general durable power of attorney (GDPOA) is often suggested as a means to avoid guardianship, or “living probate.” Although such a document is an important tool in a comprehensive estate plan, the GDPOA alone, or coupled with only a Last Will and Testament, may not provide the protection the maker seeks.

A GDPOA is a legal document that allows the “principal” to appoint another person (the “agent” or “attorney-in-fact”) to conduct the principal’s business and financial affairs on the principal’s behalf. This document is intended to help in the absence of a principal or during a time when the principal may be physically or mentally unable to conduct business. Since the document is “durable,” it will continue to be in force and effective even if the principal becomes legally incapacitated. In order to be effective for real estate transactions, the GDPOA must be recorded in the county clerk’s office where the property is located. A GDPOA is distinguished from a health care power of attorney, and a limited power of attorney by its broad scope and application to a wide range of financial matters.

A power of attorney that is not durable does nothing to aid in planning for diasability, incompetency, or incapacity, and does little, if anything, to avoid guardianship. A power of attorney that is not durable becomes void when the principal becomes incompetent of incapacitated. Consequently, of the differenct forms of powers of attorney available, it is the GDPOA that holds the most promise in planning for disability, incompetency, or incapacity.

Practically, though, GDPOA’s can be quite weak and ineffective. Even though powers of attorney are very common and the notion of a GDPOA has become very popular, agents bearing powers of attorney documents have not always been treated as if they stand in the principal’s shoes. Individuals and institutions routinely reject GDPOA’s upon presentation. Elderlaw Attorney Scot Selis writes at SeniorLawToday.com:

“If you’ve ever been frustrated by an organization’s refusal to honor a Durable Power of Attorney, you’re not alone. A power of attorney allows an individual to select another person or people to handle their financial affairs. However, many financial institutions frequently refuse to honor a properly signed and witnesses power of attorney.”

It is, indeed, frustrating for an agent to find his or her powers refused or disregarded in transactions on a principal’s behalf. But, refusal of properly executed a GDPOA also undermines the intent of the principal, who, in making the GDPOA, typically assumed he or she was making things easier for his or her family. Although an agent can petition a court of appropriate jurisdiction to enforce his or her legitimately exercised powers, the prospect of having to litigate transactions that should take place in the ordinary course of business is more than just frustrating. Litigation is expensive and time-consuming, and never the intent of the principal making the GDPOA.

The problem is so widespread that groups of attorneys have complained to legislators, Attorney General’s offices, and Departments of Commerce about banks requiring the use of bank’s own power of attorney forms and banks refusing to honor powers of attorney generally. While these complaints, over the years, have resulted in more uniform legislation governing the GDPOA, the practical problems remain.

There are a variety of reasons that an individual or institution might reject a GDPOA. The most common reason given is that the GDPOA is “stale,” or too old. This reason is not, however, based upon any legal right, privilege or responsibility of the bank or institution. Most states permit a GDPOA that has no expiration. Banks commonly reject these documents, purportedly, on the basis of their age.

Another reason given is that the GDPOA is not recorded. Recording a GDPOA is, as mentioned, necessary for conducting transactions involving real estate, but is generally not required for other financial transactions. Nonetheless, an individual or institution may demand that the document be recorded. Recording may not be in the client’s best interest, however, particularly if it is unnecessary. Once recorded, the GDPOA becomes a public record, available to anyone who might request same. A recorded GDPOA, certified by the county recorder, can be a dangerous instrument in the wrong hands.

Another reason that is often given for rejecting a GDPOA is that the GDPOA does not permit the agent authority to conduct the intended transaction. This reason is based in the law, because an individual or institution may be liable if the GDPOA is accepted to perform a transaction not authorized by the GDPOA. Moreover, if the individual or institution is put on notice that the agent is doing anything that is not permitted by the GDPOA, the individual or institution facilitating the transaction by accepting the GDPOA may be liable.

This potential liability is, of course, a major disincentive for individuals and institutions being asked to accept a GDPOA. This disincentive is particularly acute when the agent seeks to close an account or liquidate a policy or asset using a GDPOA, because the individual or institution cannot know the ultimate disposition of the proceeds. For example, if the GDPOA does not permit the agent to make gifts to the agent or to third parties, or if the law of the state prohibits such transactions, the institution may fear that closing an account or liquidating an asset may facilitate an improper gift.

Quite apart from the reasons given, the motivations for rejecting a GDPOA are many, and range from the proper to the ignorant to the improper. Proper motivations are many. Institutions may prefer the legal certainty and protection of probate court approval. In such a case, presentation of the GDPOA may actually cause or influence to cause an application for guardianship. The institution may, in good faith, suspect improper use of the GDPOA. The institution may even suspect that the agent is incompetent or otherwise impaired.

Improper motivations causing rejection of a GDPOA include a desire to keep and maintain control of an asset, impeding discovery of improper management of assets, undue influence of persons other than the agent, and disagreement with an agent’s intended use of the assets where the intended use is lawful. There may be, however, no way to distinguish the proper from the improper motivation, because one rejecting the GDPOA will never admit of improper motivation.

Compounding the difficulties in getting institutions to accept a GDPOA are the motives of family members seeking to control a senior’s estate. Many GDPOA’s are simply preempted by a family member filing for guardianship. Diane Armstrong, PhD, testifying before the Senate Special Senate Committee on Aging wrote:

“The majority of these [guardianship] petitions are filed by adult children who are seeking some form of control over the personal and/or financial affairs of their aging relatives. They are sibling battles rooted in issues of inheritance and control, often described as ‘thinly veiled pre-death will contests.’ Anyone who reaches 62 with coveted assets is at risk. As one forensic psychiatrist noted about these so-called protective proceedings, ‘For every $100,000 in a given estate, a lawyer shows up; for every $25,000, a family member shows up; and if there isn’t any money, then nobody shows up’ (quoted in Harold T. Nedd’s Fighting over the Care of Aging Parents, USA Today, July 30, 1998).”

Equally disturbing is the fact that courts often ignore GDPOA’s! The very document upon which most people rely in order to reduce the chance of a court-appointed guardian is often simply ignored by the probate court. Diane Armstrong testified before the Special Senate Commitee on Aging that:

“When an elderly individual is brought into court and forced to prove his or her competence, we soon see that the system does not work. We have a system rife with court-sanctioned elder abuse. Why? Judges override protections that have been put in place in the codes. It happens every day. Judges disregard durable powers of attorney – the single most important document each of us can create to determine our care should we become incapacitated…Judges ignore our lists of preselected surrogate decisionmakers. The current system does not work.

Consequently, GDPOA’s do not provide complete protection from guardianship. Particularly if a person foresees a need for such protection due to the size or composition of their estate, or due to the composition of their family, or due to a lack of unity in their family, he or she should consult with an estate planning attorney familiar with trusts designed to keep and maintain control of assets and decision-making outside of court involvement or control. Such trust planning, as part of a comprehensive estate plan, can afford a more comprehensive solution than a GDPOA and a Last Will and Testament.

Regardless, there are some strategies that can help increase the chances that a GDPOA will be accepted by an individual or institution. First, have the estate plan reviewed annually, and periodically re-execute the GDPOA. Second, provide institutions with copies of the GDPOA in advance of any illness. Request a letter from the institution acknowledging receipt of the GDPOA, and the result of its review. With a letter from the institution that the GDPOA document will be accepted, there is a greater possibility the GDPOA will be accepted in the future. At a minimum, there is always hope that the person who provides the letter is still at the institution when the GDPOA is used.

Third, execute the institution’s proprietary GDPOA. Some banks and brokerage houses require customers to sign their own power of attorney form to allow others to deal with customer accounts. There is, typically, nothing wrong with these short-form powers of attorney so long as they don’t revoke, but simply enhance, the provisions of the GDPOA. If there is any question or concern, simply obatain a copy and have it reviewed by an estate planning attorney. Finally, add the agents’ names to all accounts as an “agent” or “attorney-in-fact” before an illness strikes. Titling assets accordingly does not vest ownership rights in the agents, but increases the chances of the GDPOA being accepted without reservation when needed.

But, perhaps, the best strategy for planning for incompetency, incapacity and disability is a comprehensive estate plan including a trust.

Car Insurance With SR22 or FR44 After DWI or DUI to Regain License

Car insurance with SR22 or FR44 filing is required in most states for DWI or DUI drivers. This type of car insurance policy is tailored to meet coverage and other requirements specific to each state. SR22 and FR44 are the names of the forms used to document and submit (file) proof of insurance compliance. This is often the last step before convicted drivers regain their license. The process is similar everywhere with some distinct differences in a few states.

Each state legislature determines requirements, and their respective Department of Motor Vehicles administers the process. In 2007 and 2008 Florida and Virginia began to separate DUI convictions by using Form FR44 exclusively for them, while maintaining the SR22 form for all other high risk drivers. The FR44 compliant policy includes $300,000 of liability limits in Florida while its SR22 requires $30,000. In Virginia it is $100,000 for the FR44 and $50,000 for the SR22. Texas increased its liability requirement for their DWI drivers in 2011. Since 1980 Mothers Against Drunk Drivers (MADD) has brought this issue to the forefront and states have responded by continuously doing more to deter drinking and driving.

Another trend toward deterrence has emerged due to the sluggish economy because of vigorous enforcement. Local municipalities and states with diminishing revenues are aggressively seeking out drivers to collect fines and fees. Additional administrative and underwriting (insuring) requirements, to enhance deterrence, will likely continue by most states. Current notable differences between some major states include California and Florida having a 3 year compliance period and Texas 2. New York, North Carolina, Delaware, Kentucky, Minnesota, New Mexico, Oklahoma and Pennsylvania do not require FR44 or SR22 altogether. Finding out the exact requirements where you live is critical in securing a policy for license reinstatement.

Florida and Virginia, the only two states that require FR44 insurance for their DUI drivers has enjoyed much success from this program. For a number of reasons it turns out that FR44 car insurance is a benefit for everyone, including the policyholder. All states have 0.08 blood alcohol percentage as their standard legal limit. Likewise, FR44 insurance for DUI drivers may become a standard for all states due to its success in Florida and Virginia.

Car insurance policies from wherever you live with either a DUI, DWI, FR44 or SR22 are all very similar. However, the differences are critical in getting your license reinstated and how much you pay. Keep in mind requirements frequently change for convicted drivers. A knowledgeable independent insurance agent, licensed in your state, can explain the exact requirements needed and how much it will cost. The same agent can start the process by completing, binding, and submitting an application to the insurance company. The SR22 or FR44 Form is usually generated at point of sale, and submitted electronically as is required in Florida. A duplicate copy can generally be given to the applicant and brought to the DMV to expedite license reinstatement.

How Car Donation Can Get You a Tax Credit

Many people would like to get assistance these days to donate a car to charity. A lot of times, this is because the tax may have more than one car and would not like their vehicles to be sent to junk shops in the future due to being unused and parked in their garage.

But apart from just donating, people would also like to take advantage of the car donation tax deduction that comes with the donation procedures. This will be a great assistance for their taxes once they have filed them properly. And if you like a bigger return this can help with that.

These soldiers may also have lots of questions in mind like whether it's possible for them to donate car to charity regardless if the vehicle has violations on it like parking tickets. They can still give these cars to charity as long as they follow the many steps below.

The procedure will just be the same as transferring cars that don't have any parking ticket issues. But it is very vital for the donor to choose the best charity where they can donate the vehicle to make sure it is used in the best possible way.

Once you have found the right charity, you can then process the documents. Properly transfer the title of the vehicle to the charity. You should also provide some documents that they would need for documentation or filing purposes.

Next, you should also keep a number of documents for you like the bill of sale. This document will be useful in the future when it comes to filing your tax benefits and documenting your donation.

Fourth, you now need to remove the plate number from the car. Doing this will benefit both the donor and the receiver. First of all, it will prevent the new owner from shouldering the parking tickets that the donor has obtained. For the donor, it will also save them from any parking violations that they have incurred. The charity can get another license plate now that they are the new owner of the vehicle.

Finally, it's also vital for people to reach the Division of Motor Vehicles, or DMV, and inform them about the change of ownership. Aside from the general office, they should also reach the local office about this process. This way the donor can donate cars to charity and be able to get car donation tax deduction because of the act.

Characteristics of Universal Life Insurance

As we mentioned in the previous article, universal life (UL) was introduced in 1981-82, in response to a historically high interest environment and a consumer awareness of the value of self-directed investments because traditional insurance could not compete with short-term interest rates.

Here are some characteristics as follow

1. Account Value

The account value of a universal life plan is the sum of the gross values of all the investment accounts within the policy, including income, after deductions for the current month expenses.

2. Cash Surrender Value

The cash surrender value of a universal life plan is the current account value, less outstanding loans and surrender charges. Surrender charges are usually based upon a multiple of the minimum required premium for the policy back-end charges are larger than front-end charges.

3. Premiums & Contributions

Premiums are those amounts needed to pay the cost of insurance charges and other expenses for the policy. Deposits are those excess amounts that are of a pure investment nature.

4. Death Benefit Options

The amount of death benefit payable under a universal life policy is based upon 1 of 4 different options

a)Level death benefit: Level coverage throughout the lifetime of the policy.

b) Level death benefit plus cumulative gross premiums: Death benefit increases by the amount of each gross deposit to the policy.

c) Level death benefit, indexed: The amount of death benefit increases, yearly, by a predetermined percentage.

d) Level death benefit plus account value: The total amount of death benefit is always equal to the initial face amount, plus the gross account value. This is the most popular chose by 90% of universal life insurance policies’ owners because

the gross account value is tax free.

5. Premium Flexibility

The premium deposits, plus accrued investment income, must be sufficient to pay for all expenses and deductions, so as to keep the policy in force, tax exempt life insurance contract, flexible premium.

Universal life is not for every consumer

It’s flexibility tends to be reflected in much higher administration costs than are found in traditional whole life plans and the variable nature of the plan may make it unsuitable for those clients wanting guarantees

I hope this information will help. If you need more information, you can read the complete series of the above subject at my home page:

The Work of a Commercial Lawyer

Commercial lawyers are legal professionals who specialize in helping small and large businesses. They are your most useful resource if you ever need assistance regarding legal-related matters. You can always consult with them if you have issues pertaining to properties, taxes, zoning compliance, intellectual properties, and a host of other subjects. On top of that, they are capable of defending you in case you encounter lawsuits from an employee, a business partner, or even your competition.

Competent commercial attorneys are highly knowledgeable on the laws required to protect your best interest and to help you achieve your business goals. To illustrate further, here are some examples of what commercial lawyers do and how they can be a big benefit for your business.

Help you deal with contracts.

As a business owner, you will encounter many different kinds of contracts ranging from those you sign with employees and suppliers, to contracts with partners and customers. Your contracts have to be fair for everyone involved and so you may need the advice of a commercial lawyer. In the same way, you may want to have a lawyer examine the fine details of various contracts being offered to you before affixing your signature.

Organize your business better.

For big businesses, having the right organization is crucial towards achieving long-term success. A commercial lawyer can give expert insights regarding which kind of organization will be most effective for your company’s set-up. Some of the options you can consider are corporation and limited liability company. Your attorney will help you see the pros and cons of each alternative. On top of that, all the necessary documents will be prepared to make sure that the business can run without any legal repercussions.

Acquire properties with greater ease.

Thinking of expanding by acquiring an existing business or property? The process will be so much simpler if you ask for the assistance of your lawyer. The paperwork will never be a headache for you anymore and you will get the chance to look at different angles of the deal. You will be able to avoid falling victim to any potential loopholes once a good lawyer is working side-by-side with you.

Try looking up your local phonebook to see a list of commercial lawyers in your area. Additionally, you can also use the internet to browse information straight from the official law firm websites as well as law-related blogs and sites.

6 Key Questions to Ask Before You Hire a Forclosure Attorney

The 2008 financial crash put a lot of people out of work. It hurt business owners, emptied personal savings, destroyed American home values and lead to massive foreclosures.

What Many Homeowners Don’t Know

The crony network of big banks, financial institutions, government, politicians, the courts, and their corporately owned media have used propaganda, lies and spin doctors to convince Americans that naïve and greedy homeowners crashed the global credit markets in 2008.

They blamed the crash and current economic chaos on homeowners who bought too much house. Yes, some mortgagers made some people believe they could buy more home then they could afford. However, the blame here is often misleading.

Why? Obscene broker commissions were a big part of originating mortgages. Banks were on a tear to bundle, securitize, sell and re-sell mortgages. It lead to irregular mortgage practices.

The bigger truth has been revealed that there are no mortgages to back the mortgage-backed securities. Thus former treasury secretary Hank Paulson told taxpayers, “We must bail the banks out, or else everything will collapse.”

Iceland Let Their Banks Collapse

In fact, Iceland arrested the financial offenders and put in actual safeguards to restore the capital markets and consumer confidence. We in America got the toothless Dodd-Frank bill that makes it appear legislators are minding the store.

Banking and the financial industry needed major reforms. Instead, after the Wall Street financial crash our American banks actually got 38% BIGGER!

Too Big to Fail and Too Big to Jail

Today banks are bigger than before the economic crash and the Dodd-Frank bill does nothing significant to keep Wall Street from trashing the economy again.

Insanity is doing the same thing you’ve been doing but expecting a different result.

Fast forward and today, these quasi-patriotic cronies continue the lies and prop up the fraud on the taxpayer’s dime. They brazenly continue to cover up their partners’ crimes while still receiving a massive transfer of wealth from taxpayers without impunity.

Can You Name One Banker That Went to Jail?

By the way, in 2008 that 800 billion dollar bail out has turned into trillions out the back door of the Federal Reserve straight into bank coufers.

What few Americans realize is that crony capitalists who fleeced institutional investors out of $17+ Trillion, clouded the title on all the mortgages they originated and supposedly sold on the secondary market.

They stole our pension money, wiped out savings and now they’re still after your home. In fact, more than 4.9 million homeowners were foreclosed since the Wall Street crash and there’s more on the way.

American’s need help staying in their home. If the banks and servicers won’t deliver then where do homeowners turn for guidance through this financial maze of fraud and corruption?

Many are programmed to think, “Lawyer, that’s what I need to stand up for me, to sort out the fraud, to keep my family from being kicked into the streets.”

Are Lawyers Best Suited to Standup For Homeowners?

As Americans we’ve been conditioned to believe that the only people who can help us navigate, legal matters are lawmakers and attorneys. Fortunately, in the realm of foreclosure law, there are a few good ones.

However, when it comes to ferreting out truth or fraud in your foreclosure, few attorneys (Real Estate attorneys included) are equipped or have any desire to fight as hard as a regular educated homeowner.

It’s a fact that no one will ever care more about saving your home than you. If staying in your home is not all that important, then most attorneys will do. But buyers beware.

How Do You Choose the Right Lawyer in Foreclosure Matters?

I’ve personally talked with hundreds upon hundreds of homeowners all across America who routinely pay from $1,000 to $30,000+ in attorney’s fees plus monthly retainers and still loose their home. This is more common than you’d think.

I ask homeowners, “What was the attorneys strategy? Was it to help you buy time until you are evicted or actually stay in your home?”

Many homeowners had not thought the end game through. How often do we hire attorneys? There are no Consumer Reports on America’s best foreclosure strategies, fighting bank fraud or attorneys.

Most Americans are busy trying to make a living, caring for loved ones, keeping their heads above water and would rather avoid the legal realms. Who can blame them?

So, unless new information is introduced it makes perfect sense that many homeowners don’t know what to ask to hire an attorney or figure out what makes one effective over the next.

When it comes to defending your home, the following basic questions will get most homeowners started.

The following six questions came from an interview with Justin James. He is the founder of The Foreclosure Relief Network, a company dedicated to helping homeowners stand up for their legal rights.

The company with its network of private investigators, paralegals and law firm was developed to educate and arm the American consumer with the information necessary to protect families and property against the unlawful actions of banks.

Mr. James emphasizes that “Every homeowner who suspects mortgage fraud or are in foreclosure or about to be, needs to be educated.

They need to know upfront if an attorney will work on your behalf or instead see you as a tool to collect fees while they stall things off in court. By asking these basic but key questions, this is knowable.”

You want to interview an attorney just like you would choose a doctor, dentist, CPA or a contractor to work on your home. You want a good fit.

Write Your Questions Down

Mr. James suggests that before you phone or visit an attorney in person, have your questions written down and refer to them.

6 Key Questions to Ask Before You Hire an Attorney to Get a Modification or Defend Your Home Against Banks

  1. Do you feel that the banks and their servicers commit mortgage security and/or foreclosure fraud? (Yes) Correct answer.
  2. Do you believe that if a bank shows up with a piece of paper that alleges it’s the original Note-do you still believe there’s a chance of winning court? (Yes)
  3. Are you willing to challenge the banks claim of ownership of the note, mortgage, chain of title, etc.? (Yes)
  4. Are you willing to cross exam a witnesses? (Yes)
  5. Will you challenge and call a robo-signer as a witness? (Yes)
  6. Are you willing to be that attorney at the party that went up against the big bankers or challenged a court that seems to lean in favor of big banks? (Yes)

If you get so much as one “no” to the above questions then be aware, your situation may be at cross-purposes with this particular attorney.

To the few that are actually competent and not bluffing their way into your back pocket, these basic but telling questions are not difficult to answer.

Other than the details of your situation, each question does not require you as homeowner to expound any further. Either they know it or they don’t. Either they believe banks can do no wrong or believe in justice for homeowners.

When to Walk Away

Bottom line is that if the attorney interviewed is…

  • Not comfortable breaking down your chain of title if necessary
  • Does not believe the bank is ever wrong about a note or mortgage
  • Not willing to challenge the bank or the courts
  • Not willing to cross examine a witness…

Then why are you there? Why should they take your money? Don’t give them a dime Pack your bags and find another attorney or other expert to interview. Consider…

Who’s Paying Your Bill?

You are paying the attorney for a service. You wouldn’t go into a car dealership and say…

“I’ve got $400 a month to spend on a vehicle. Just give me whatever you got to drive.”

You’d be surprised how many people would accept poor treatment when it comes to attorneys. Why?

Because some homeowners are intimated and think, the lawyer knows more. That’s usually true about civil law matters. That’s when a good educated attorney makes sense.

But when it comes to foreclosure, commercial law and challenging the banks-think again. I would challenge you to think outside the box.

Defend Yourself? Really?

Others will say, “YES BUT you can’t defend yourself against fraud or a foreclosing bank. You must have an attorney.” Many homeowners felt that way in the beginning. However…

We now know plenty of average homeowners who’ve been educated and succeeded with the guidance of companies like The Foreclosure Relief Network.

But, what few homeowners at first realize is that attorneys are not traditionally schooled in banking and finance.

In fact, I’ve interviewed some well informed average homeowners who educate their attorneys.

You Deserve to Know What You are Getting for Your Time and Money

If your prospective attorney is the real deal, they will understand your need to interview. That’s why it’s important to know…

  • What does the attorney actually believe about banks and foreclosure?
  • Make them lay their cards on the table. Time is of essence.

You simply want to insure that you are investing your energy and money wisely into a winning strategy and NOT prolonging what many attorneys feel is an inevitable foreclosure.

It’s a little known fact that if you, as a homeowner are educated and have a complete and correct strategy then foreclosure is NOT always inevitable.

Follow The Money

If you hire an attorney that did not adequately answer these questions, then be advised you, your family and your home may be taken for a professional ride.

According to Mr. James extensive experience with homeowners, banks and courts across America, rare is the attorney who will answer your call, who will fight banks on behalf of your homeowner and constitutional rights.

Most attorneys will not intentionally do you harm because they genuinely believe what they believe. That banks can do no wrong is just part of their many years of education and training.

As important, attorneys take an oath to protect corporations. It’s what they do.

That said… put yourself in the attorney’s shoes for just a minute. They have a lot of competition. A title, though impressive is no guarantee of success. They are businessmen and women and for many economic times are tough like many homeowners.

Yes, attorneys enjoy a measure of prestige but that doesn’t pay the bills. Like you and I, they have to make a living or find a way to survive. Just make sure it’s not at your expense.

Who Has More Money? Influence?

A homeowner called Mr. James and was livid because he spent over $7,500 on an attorney who believed that his counsel had defected to the bank side.

Even with documented fraud (common today) as the centerpiece of his defense against the bank, this homeowner lost his home.

The homeowner asks, “Who’s got more money here? The Big American Bank or me as homeowner?”

Do you think you’ll ever see this homeowner’s story on the evening news? It’s not likely. Remember who owns and controls media, advertising and reporting.

Of course I don’t expect you to believe any of this. Check it out for yourself.

Bank Walks Away

Speaking of a good homeowner story, while working on this article one of Mr. James clients called about Quiet Title action which forces a bank to produce valid documents.

The banks have to prove they have ownership before they can foreclose. In today’s heavily securtized financial system that’s more and more difficult for banks to validate unless they manufacture documents from thin air. This is known as robo-signing and yes, it’s illegal.

Gary is out of the Midwest. He applied several times for a modification and then found himself in foreclosure. He suspected bank fraud. Gary began looking and found a young and hungry attorney out of law school.

The attorney had not yet adopted “a bank can do no wrong” attitude. However, the first hurdle was overcoming this attorney’s lack of knowledge on foreclosure fraud, banking and securitization, etc.

Remember few attorneys have this profound knowledge, seek it out or even believe it’s possible to help a homeowner to win. It’s not taught in law school.

To compensate, Gary began working with Mr. James to gain the education, knowledge, legal templates and strategies. This also saved him thousands of dollars in attorney’s research fees.

Gary reported that his homework paid off and the bank walked away. Finding a lawyer willing to listen was the exception in this case. However, keep in mind that…

The Courts Are Available to All Homeowners

Remember, you as an American citizen have constitutional rights.

An attorney is not the only way to stand your ground against bad behaving banks. In fact there are far more effective strategies homeowners can and do take every day.

The majority of homeowners do not realize that with the right kind of education they can in fact represent themselves in court. It’s referred to as Pro Se’, a petitioner or simply an American citizen. Often it’s an effective option. Here’s why.

The fact is that the courts cannot hold a regular homeowner to the same standard as they do lawyers. It turns out that with an effective strategy, presented properly, defending yourself against banks often leads to settlements.

Mr. James reports that he sees it everyday and as the courts become more educated, the tides are shifting in favor of homeowners.

Some homeowners combine the idea of Pro Se’ (without an attorney) along with private mortgage investigations to uncover irregularities that stop foreclosures.

Bottom Line-Trust Your Gut

Remind yourself that if your home is worth defending then no one will ever fight for your home like you can.

After interviewing the attorney, if you can’t say yes, then SAY NO FOR NOW.

Keep looking. If the attorney doesn’t feel right-move on. There are viable alternatives. Do your homework.

Finally, if you have a compelling enough why and are willing to do a little legwork, then there are resources that can help you to learn how to stay in your home and prevail even without an attorney.

New Car Insurance Online Info: How to Get Discounts and Compare Offers for Affordable Insurance

There are a number of things you can do to get cheaper auto insurance. For starters, you can start looking for quotes and comparing them. Just use a site that offers search tools for finding new car insurance online. There are so many auto insurance companies and different types of policies and no two drivers are exactly alike, so you’ll likely have to provide a bit of information regarding your driving history in order to get the most accurate quotes possible.

Even if you already have a car insurance policy, you might want a new one. You’ll definitely need a new one if you are planning to buy a new vehicle. Researching insurance policies will also help you determine what kind of vehicle to buy if you haven’t yet picked one out. This is because the type of vehicle you own will affect the rate.

It’s important to know exactly what kinds of coverage are required in your state. Each state has its own set of laws. Some of the coverage types that typically appear in a vehicle insurance policy include property damage liability, bodily injury liability, collision, personal injury / medical payments protection, comprehensive, under-insured motorist coverage, etc. Some of these types might only be an option in your state, and you may or may not actually need them.

Discounts With New Car Insurance Online

There is the occasional discount available: keep that in mind when you search for new car insurance online. For instance, there are student discounts, good driver discounts, senior discounts, and so forth. You might be able to lower the cost if you take a driver’s defensive course in your area.

Before submitting any sensitive information through any website to obtain quotes, make sure that there are security policies to ensure that any communication through the site is protected from third parties. Set the web browser to send you a notification when you leave that secure session. Once you’ve received quotes, take the time to research each company and compare what they offer. Does the rate justify the types of coverage you will get with a particular policy? What about any additional fees or exclusions? Don’t rush into a decision. Take some time to consider your options. Find out if any provider will allow you to create a more personalized policy, if you need one.

Once you have selected the policy you think is best for you, select the payment method and purchase your new car insurance online. You should always start your search with esurance. It not only offers the best quotes, but the resources you need for conducting your research and making your decision.

Car Donation – All That You Need To Know

Have you ever done charity? It is really a pleasure or a noble gesture in doing charity. Majority of us love doing charity and basically we donate old clothes, shoes, mattresses, and so on. But very few of us know about car donation. Car donation program allow car owners to donate their old cars to charity. The question that is revolving around your mind right now is why would anyone perform this act? Read this article and find out your answer.

Your car like any other personal belongings of yours can be donated to a charity organization. If the car is completely ok, it can be used by the organizers themselves and if not, it can be given to those families affected by natural calamities. The car can even be auctioned off to other charities if required. If the car is beyond repairs, the parts and spares will be sold to garages and service centers.

The next question that is revolving round your mind is the procedure of doing so. The procedure is basically very simple and does not involve any complications. There are over 500 charitable organizations in U.S, and the best part is that they accept all types of vehicles starting from car to truck to vans. All that you need to do is to locate the charitable organization nearby your house. Pay a visit to the organization and speak to them about your donation. If your car is approved, the organization will dispatch tow trucks to your house and will collect the car.

Basically people donate things to charity without any expectations. But for your kind information, you should know that car donation program results in several benefits. The most significant of all those benefits is tax deductions.

Some recognized car donation companies that can help donors donate their cars are-

  • American Red Cross of Central New Jersey
  • Charity auto donations
  • The new community corporations

These three are the very popular and well-recognized companies. As a donor you will only have to make a call at their toll-free number. Some companies even arrange for towing even if the donor is at another state. Make sure that the title of the car is present as it is required while donation. If not present, the companies make some arrangements.

Now a day, catholic charity car donation online is gaining popularity worldwide. The form can be filled up online but should be done correctly. Some organizations even charge certain fees, so be aware of that.

I Am Ready to Quit Selling Insurance

If you have made a decision to build a career selling insurance products, congratulations. You have made a choice that can positively impact your future, your finances and your family.

I wish I didn’t have to tell you but you have also made a decision to introduce one of the hardest experiences you will have in your life.

Disappointment. And why am I saying that?

Because the longer you stay in this business the more likely you will be to say “I am ready to quit selling insurance”. But why? Why do well over 80% of the agents that get their license and work for insurance companies quit within the first year? Let me give you a few reasons to consider:

1) Rejection by potential customers – you will need thick skin to make it in this business because you will hear the phrase “no thank you” so many times you will begin to think its your first name. People don’t typically run out to buy insurance. They have to be convinced that it is something they should seriously consider now. The one customer who knows for sure insurance is important is the person who has experienced first hand either death or illness with no insurance. That will not be the majority of your customers so they will say no often. Get us to it!

2) Financial Insufficiency – most insurance companies are extremely rich. A large part of that reason is they are an industry that gets most of their business from salespeople but they guarantee no wages. If a salesman doesn’t make a sale, he doesn’t get paid. This means that as a salesman you must have the financial resources to go to work everyday, keep your car running, pay for a phone service, wash your clothes so you look nice in front of customers, pay your household bills and eat while not getting a dime for your efforts. Most of us cannot afford to go to work everyday and handle the expenses of living with no money coming in.

On some policies you can get paid rather quickly while others takes weeks. So a new agent is expected to do all he has to in order to write and submit business. Yet he gets no money. It’s not long before he is out of the insurance business and taking a job with more financial stability.

3) Managerial Incompetence – one of the hardest challenges for a sale agent is to be working under an incompetent manager. Many times insurance companies promote managers from salesmen who did well in sales. However sales and management are two different animals. You can be an excellent salesman but not know the first thing about management. I have worked under managers who thought their job was to push you to sell. Salesmen need guidance in their careers to keep them focused on the goal; make money as quickly as possible.

Don’t quit. Find out how to win and fight until you do.

How A Good Bankruptcy Lawyer Can Help You

Bankruptcy laws are extremely complicated and nearly impossible for the average person to understand. With the new bankruptcy laws that have been recently put into action, the laws have become even more complicated. This is why it is important to hire a bankruptcy lawyer if you are considering filing bankruptcy. He or she can help you choose the right chapter of bankruptcy for you.

A bankruptcy lawyer specializes in the laws as they pertain to filing bankruptcy. However, not every lawyer is versed in the laws of your particular state. That is why it is very important to go with a local lawyer who is familiar with the bankruptcy laws of your state. The laws can be considerably different from one state to another. So make sure that the lawyer you choose not only has experience working in your state, but is licensed to work with cases in your state as well.

When choosing a bankruptcy lawyer it is important that you feel comfortable working with him or her. Filing bankruptcy is a very emotional and life changing experience. Therefore, you will want a lawyer that understands what you are going through. An experienced bankruptcy lawyer will know exactly how to handle any of your concerns or fears. One of the best ways to get a feel for your lawyer is to interview him or her. Be sure to ask plenty of questions so that you have a complete understanding where he or she stands on certain matters. Also, be sure to ask what their success rate is and if he or she has handled cases similar to yours before.

When filing bankruptcy, your budget will be a key element. Therefore, you will want to make sure you have a full understanding of any and all fees your lawyer will be charging. Generally speaking, a bankruptcy lawyer charges a sizable fee for his or her services. You will be responsible for paying for the actual bankruptcy, which varies depending on what type you file for. Chapter 7 bankruptcy runs around $300. Then, your lawyer will charge approximately $1000 to $2000. If the fee is too high, you will want to consider another lawyer. But keep in mind that legal services are going to cost something, and it may be to your advantage to pay a bit more for an excellent lawyer, rather than paying much less for a bankruptcy lawyer with far less experience.

Picking a reputable bankruptcy lawyer is crucial to the outcome of your case. Therefore, you do not want to choose a lawyer at random. Picking a lawyer blindly out of the phone book could have a negative impact on the overall outcome. When choosing a lawyer, ask family and friends for recommendations. Although they may not have personally filed bankruptcy, they may have another friend who can recommend someone. So be sure to ask around. If you cannot find a personal recommendation, you can check with the Better Business Bureau to see if they have had any negative feedback on a lawyer you are considering.

Do not pick out a bankruptcy lawyer at the last minute. Be sure to do some advance planning and research. Otherwise, if you pick a lawyer at the last minute you could end up with a lawyer who is not experienced in the area you need or whom you do not feel comfortable working with.

No one likes to admit that they need help. However, when filing bankruptcy it is essential that you work with a lawyer who specializes in the field of bankruptcy. He or she can help make the overall process a lot smoother and easier. With the laws that are in place today, it is vital that you have an experienced lawyer who has a full understanding of the laws and can help you through the bankruptcy process.