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Personal Injury Lawyer New York Can Get you Legal Justice

23 Apr, 2008

legal rights new york
Hadiya Robins asked:


A serious injury can bring your life to a standstill especially so if it’s a personal injury. The victim and his entire family go through a trauma that is not only physical but also mentally devastating. Often under such circumstances the victim’s family is too shaken up to make correct decisions regarding the legal aspects of the case and prosecuting the guilty party. This is where the help of an efficient personal injury lawyer in New York can get them the fair deal they deserve. It not only compensates the victim financially but also gives him a mental satisfaction of the guilty being duly punished.

Accidents can happen due to either the victim’s or another party such as an individual or organization’s fault. If a personal injury has been caused due to the fault of another person or company the victim and his family have every right to sue the concerned party and get suitably compensated. In these circumstances it is easy to hire a personal injury lawyer New York to handle the case with the desired expertise. However, it is advisable to check out the previous track record and success rate of the personal injury lawyer New York before handing over a case that will require a fierce legal battle with say, an organization.

When hiring a personal injury lawyer in New York the client should make be certain of the terms and conditions from the very beginning. Issues like whether the consultation is free of cost, terms of payment such as any cost involved if the client loses the case and such other minute details must be carefully discussed with the lawyer before he is finally hired. Any personal injury lawyer in New York that the victim finally chooses to hire must be adept at handling all queries posted by the victim and/or his family regarding the case. The severity of the injury and the damage caused must be carefully evaluated to formulate an airtight case for the client.

The personal injury lawyer should then ensure that he is familiar with each and every tiny detail that has anything to do with the accident. The victim must also be able to trust the lawyer enough to divulge every aspect whether evident or hidden. The prospect of having a competent personal injury lawyer in New York handling the case will be very reassuring to the victim and his family. In traumatic times such as a personal injury the lawyer is often regarded as strong support for the family. The victim and his family find emotional and mental strength from the fact that someone competent is fighting their battle against the opponent.

In personal injury cases in New York where the victim is up against a corporation the legal battle becomes even more difficult and can get fierce. In this case it is not only about the compensation to be paid but also the company’s reputation that could be seriously damaged if it were to be proven guilty. The competency of a personal injury lawyer becomes even more important in such cases. Hence, irrespective of what kind of personal injury has been caused and who is the guilty party, the personal injury lawyer features very prominently in the victim’s life.



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Foreclosure Redemption Rights Explained

22 Apr, 2008

legal rights new york
Mark Walters asked:


Redemption rights in foreclosure actually only come after the homeowner’s property is lost through judicial sale or foreclosure. The owner can redeem by paying the lender the outstanding principal and interest due, plus the lender’s costs in foreclosure. Once the home has been lost, some states allow the homeowner the right to “reclaim” his home for varying periods.

Because of the power the banks have for foreclosing, some states decided that that homeowners should likewise have the right to reclaim their home if their personal circumstances turnaround within a given time period. The homeowner will have to petition the court for a hearing to get his home back and show “proof of funds” that he is able to repurchase his home for what is owed plus all the associated costs of the foreclosure.

Proof of funds can either be cash in the bank or a pre-approved letter from another lender that is willing to fund his purchase. The new lender does not have to be a bank, but can be a “hard money lender” who will charge the homeowner a much higher interest rate and closing points and will only carry the loan for year or so.

These hard money lenders are sometimes called “predatory lenders”. The amount they will lend is based on the “quick sale” value of the property. That gives them an equity cushion in case they are forced to again foreclosure upon the property to recoup their loan money.

The homeowner who lives in one of the states that has long redemption periods, can solicit local hard money lenders or real estate investors to exercise his redemptive right if there is equity in the home that can be retrieved by fixing the property and selling it in the retail market.

These are called Equity Agreements and are common in the real estate business. Equity Agreements stipulate who gets how much of the proceeds from the sale, who pays what expenses and who will be dong the work. Remember, if it isn’t in writing in the Agreement, it isn’t going to happen. If you have a question, ask an attorney before you sign anything.

Here are the states that have no redemption period: Arizona, Connecticut, Delaware, Hawaii, Illinois, Iowa, Louisiana, Massachusetts, Mississippi, Montana, New Hampshire, New York, Oklahoma, Pennsylvania, South Carolina, and Texas. While these sates have no redemption privileges, it is possible to bring legal action against the bank with regard to deficiencies in the foreclosure proceeding or mortgage irregularities. This is seldom worth the effort.

States that have one year redemptive rights include: Alabama, Idaho (either 6 or 12 months), Kansas, Kentucky, Maine, North Dakota (6 or 12 months), and Wisconsin (possibly to 12 months).

The other states vary greatly because of specific terms in the mortgage or deed of trust contracts but range from 10 days to 240 days. It is imperative that become familiar with your local foreclosure laws because they vary greatly from state to state, and the sale or auction practices vary from county to county.



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