Tampa Bay real estate market took its medicine in 2009
Year-in-review columns have been treating 2009 as if it were toxic. Let’s take a different approach as we examine the year in Tampa Bay real estate. The housing market forced down some nasty medicine. Is that a bad thing? No, it is not.
When it comes to protecting your position as buyer in a real estate transaction,
you must make certain to cover yourself in case unexpected problems arise when it is time to close the deal. And this is especially true when buying a property that has been under option for six months to a year. This is why I highly recommend that you include the following three contingency clauses in your purchase agreement:
1. Buyer must approve of the property’s title status and marketability before this transaction can be closed. Include this clause in the event there have been
liens or lawsuits filed against the property ’s title or owner since the option was purchased that adversely affect the property ’s marketability.
2. Buyer must approve of the status of the property’s existing loans before this transaction can be closed. This clause must be included in case any of the property ’s loans are in foreclosure.
3. Seller must completely vacate the property and grounds before this transaction can be closed. This clause protects the buyer from getting stuck with an obstinate property owner or a hostile tenant who refuses to peaceably leave the property after the sale has closed and the property ’s title has been transferred to the new owner.
You can read carefully the sample real estate purchase agreement for instructional and informational purposes only. Please do not use this agreement to purchase property in your state without first consulting with a board-certified real estate attorney to make certain that it meets all of your state’s real estate contract standards.
Whatever you do, do not, I remind you that, do not use the same real estate purchase agreements that are used by real estate licensees in your state to document the purchase of a property under option. I say this because virtually all of the real estate agreements used by real estate licensees are written to protect the licensees’sales commissions and the legal rights and interests of the sellers who have listed their property through real estate brokers.
Finally,I recommend that you hire a board-certified real estate attorney to prepare a purchase agreement that protects your rights and interests as a buyer.
Sure, the Federal Fair Debt Collection Practice Act (FDCPA) defines the borders within which all debt collectors should stay when dealing with delinquent debtors. But are they really that law-abiding? This article lists the most widely used threats that debt collectors may use when talking to you over the phone or in the process of face-to-face encounter. Are the things that they are threatening you with legal? Read this article to the end to understand it – and choose a perfect resistance tactics for yourself.
The statistics concerning the amount of people’s complaints concerning the work of debt collection agencies is oppressive – in 2004 there has been as much as 58,000 debtors addressing the Federal Trade Commission (FTC) claiming that they were harassed by the debt collectors – and the number only keeps on growing! Complains about illegal methods of debt collection hold one of the first places in the FTC’s rating – currently, 17% of all complaints concern this problem.
The following list states the most common threats used by abusive debt collection agents – and states how true they can be in reality.
1) The threat to take away the debtor’s house if he/she doesn’t make the payment immediately. This threat has nothing to do with reality unless your loan is actually secured with your home (mortgage or home equity loan). Only in this case will a debt collector be able to seize the real estate in your property.
2) The threat to arrest the debtor if he/she doesn’t start paying off immediately. First thing you should know about if your creditor ever tries this intimidation technique on you is that a delinquent debt is a civil matter, while only a person committing some criminal act can be arrested.
3) The threat to keep on with regular collection calls in spite of the cease communication note sent to the creditor. Federal law states that a cease communication note received by the creditor obliges him/her to stop all efforts to contact the debtor. If your creditor fails to follow this regulation, remind him that this activity may be considered a breach of the law.
4) The threat of assault. Yes, you might be surprised but some debt collection agents use that as well. FTC receives an average of about 300 complaints caused by the threat of violence to a debtor. There’s no law that would allow the debt collectors to resort to such means, so if you ever happen to be the target of it, it will be you who is recommended to bring a lawsuit against your creditors, not vice versa.
Threatening the debtor is not the only illegal method that and abusive debt collection agency may be using. It’s important that you realize which of your creditors’ activities can be considered illegal and use this knowledge to protect yourself. Remember that your debt collection agent is breaking the FDCPA if he/she is:
- sharing the information about your debt with third parties – except your neighbors, relatives, and employers who may be contacted in order to obtain any required information about you. However, you should know that contacting these people is only allowed if the creditor doesn’t mention anything about your debt at all;
- calling you at work despite the fact that you notify him/her you are not allowed to receive personal phone calls during your working hours. However, there are very few debt collectors that really do follow this rule – most of them keep on calling you no matter what. Consider resorting to legal protection means if that happens to you;
- using rude or profane language or raising his/her voice at you during collection calls;
- calling you too frequently, thus making your life really stressful;
- ignoring written disputes;
- providing public access to debtor information.
What can you do to fight off the illegal debt collection attacks? The very first thing that you should do as soon as debt collection calls begin is surfing through the detailed description of consumer rights under FDCPA. Do it even if the collection calls are not bugging you really bad. You can easily get this information from the official website of the Federal Trade Commission.
If any of your debt collection agent’s activities turns out to be illegal, file a formal complaint with your state’s Attorney General and the FTC. In case these authorities receive enough complaints about the activity of a given creditor or debt collection agency, heavy fines may be imposed as the penalty for their illegal practices. This will definitely make them think twice before doing that again. Plus, you shouldn’t forget that you have the legal power to file a counterclaim against a harassing or exceptionally abusive debt collection agent.
On the other hand, you should remember that everything listed above applies to third-party debt collection agencies and attorneys that your creditors may resort to only. Your creditor’s own debt collection department representatives are subject to only a few of the FDCPA regulations listed. Nevertheless, you shouldn’t forget about other consumer protection laws that might help you to resist the abusive activity of debt collectors and even the creditors themselves. Thus, you shouldn’t hesitate to file a complaint with your state’s Attorney General and FTC if you believe that your creditor is harassing you. In this case, an abusive creditor may be considered guilty under state law or some other FTC act.
Fighting off illegal debt collection attempts may be a really hard thing to do – but you should remember that this may get your out of your debt sooner and easier than you think, so… Educate yourself!
Most of us have suffered the loss of a friend or a relative. If the death has come unexpectedly or traumatically it can be even worse. However, if the death appears to be the result of negligence caused by by another person, the pain can be unbearable.
In the midst of making funeral arrangements and trying to adjust to the void left my our loved one, there’s the unsettling undercurrent that this death should not have happened.
If the family agrees something should be done, after the funeral, do not wait too long to seek the expert advice of a personal injury lawyer. Select one who has had experience in wrongful death cases and go for an assessment.
A successful lawsuit can bring large monetary awards, sometimes in the millions of dollars. This is not an easy road to take. Even if the family members are convinced and committed, it is your legal counsel who can make the judgment call whether to proceed or not.
Perhaps you recall the complicated and convoluted trial of former football great, O.J. Simpson back in 1995. He went on trial for the murders of his ex-wife, Nicole Brown Simpson and her friend Ronald Goldman. The event was lengthy and broadcast all across the nation. Ultimately Simpson was acquitted of the criminal charges.
The bereaved families did not agree with the verdict and sued Simpson in civil court for the wrongful deaths of Brown and Goldman. Two years later, in 1997, they won $33.5 million dollars. Simpson challenged the ruling and to this date the family says they have so far received little or no compensation.
Back in the 1970s, cute little Pinto sedans, were blowing up with regularity when involved in relatively minor rear end accidents. It was all due to their poorly designed gas tanks that sat too close to the rear of the vehicle. Ford Motors was bombarded with wrongful death lawsuits and held liable. The once-popular Pinto was eventually recalled.
When popular Canadian comedian Phil Hartman was killed by his wife, Brynn, who then killed herself, it was big news on television and talk shows around North America. Folks wondered what would cause a wife in a seemingly happy marriage to kill her husband. Brynn Hartman’s brother thought it was odd too.
He wondered if the anti-depressant drug Zoloft might have had something to do with the tragedy. Mrs. Hartman had been using the drug to help her combat unpleasant panic attacks. The brother suggested that the drug that drove his sister to insanity. He then hired a lawyer who mounted a case of wrongful death on behalf of the family. He was successful and the manufacturer, Pfizer, settled for a large and undisclosed amount of money.