Real Estate Litigation Arguments which may Help You Save Your Property
Losing your home due to foreclosure can definitely be a lot of pain; not only did you work so hard for it, but also this foreclosure could be due to an error that someone else committed. Proving that the mistake is not your fault can be pretty hard, though, as real estate laws can be too complicated, especially for a homeowner who does not have any background in real estate law. One thing you should know, however, is that, despite missing payments on mortgage, the law offers various means for you to retain your property. This means that no bank or creditor can simply foreclose on it.
Various studies and litigations reveal how majority of the foreclosures made during the height of the U.S. housing crisis were not even due to homeowners defaulting in their loan obligations; rather, these were results of errors committed by banks or due to practices, which greatly favor banks and other creditors, that are now considered illegal. But while banks and creditors will deny any wrongdoing, one fact is real – that wrongful foreclosures are real, besides being widespread too.
From 2009 to 2010, about 1.2 million homeowners lost their properties after these were foreclosed by 11 major financing institutions. The move, though, was discovered to be illegal as many of the homeowners had properties that were protected by federal laws, many of the homeowners had acquired bank approval either for the restructuring of their payment scheme or for a temporary delay in the payment of their mortgage, or so many of them were not even late in their mortgage payment.
There are different ways through which fraud may be committed during a foreclosure process, such as: unscrupulous lenders, botched documents, predatory foreclosure mediators and, the most common cases of wrongful foreclosure – forged signatures, altered documents and fraudulent eviction of homeowners by lenders, lawyers or consultants.
Fighting for your property can be done through a civil action called wrongful foreclosure – a legal pursuit based on claims of foreclosure fraud. This real estate litigation can help homeowners retain their property by putting the blame on creditors instead, accusing them of: failing to provide homeowners with appropriate notices; overcharging homeowners for late payment fees;and lender bad faith.
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The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) says that, in 2012, there were 112,000 motorcycle accidents: 4,957 of these were fatal, while 93,000 resulted to serious injuries. Crashing into solid fixtures at high speed, head-on collision, rear-end collision and side impact are the deadliest types of motorcycle accidents as these can easily severely injure, disable or kill a rider.
Motorcycle riders are so much more susceptible to severe injuries due to their lack or bodily protection and it is this lack of protection that makes riders 20 times more likely to die in a crash compared to drivers of cars and other motor vehicles. But, if motorcycles are really much riskier and more dangerous than other types of vehicle, then why do more and more people continue to love it so that the number of those who buy and use these only increases every year?
The answer to this may come as a surprise, but various studies conducted (separately) by governmental and private organizations consistently show that it is the danger associated with riding a motorbike which makes this type of motor vehicle more exciting to ride. It is lighter and smaller (compared to a car), less stable because it only has two wheels, easily affected by road hazards, such as sand and pot holes, and it is less visible on the road and requires more riding skills. Studies also show that if more wheels were added to a motorcycle, then people will stop buying and riding it. However, without changing its two-wheel design, then people can expect these things: purchases, rides, and, sadly, injuries and deaths. In addition to this, people choose the increased risk of injury (by riding a motorcycle) rather than forgo the opportunity of enjoying the feeling of freedom that they can get from riding a bike. However, it also puts emphasis on the fact that drivers who cause serious injury to a motorcycle rider should be made to pay compensation for their mistake.
There are two classifications of accidents involving motorcycles: single-bike crashes or multiple-vehicle accidents. The first classification, which is more the common type of motorcycle accident, involves no other person or vehicle besides the rider and his/her bike. It includes accidents, such as crashing into a concrete barrier or any fixture, like a lamp post, or crashing on asphalt after running on a patch of gravel, sand or leaves on the road. The National Highway Traffic Safety Administration (NHTSA) points to alcohol use and speeding as the two major causes of single-bike accidents; both factors greatly reduce a riders’ capability to react on time to emergency or dangerous road situations and make a rider lose control of his/her bike easily.
A multiple-vehicle accident, on the other hand, is the deadlier type of motorcycle accident. It involves another vehicle, such as a car, an SUV or, worse, a truck. This type of accident usually results from driver distraction, failure to notice an approaching motorcycle, a driver’s simple refusal to acknowledge and respect a motorcyclist’s right of way or impairment due to alcohol or illegal drug.
Thus, due to the devastating results motorcycle accidents often lead to, Houston personal injury lawyers of Williams Kherkher can only recommend that victims contact a motorcycle accident lawyer immediately to analyze who could be at fault in order to decide whether pursuing a claim is advisable.
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Why Can’t People just not Drive when Drunk?
The law known as the “Prohibition in the United States” was witness to Americans’ excessive alcohol consumption before the 1920s. As this law was intended to end excessive drinking among Americans, it forbade anyone from selling, producing, transporting or importing alcoholic beverages all across the nation. But while this law might have succeeded in keeping overall alcohol consumption low, it did not totally eliminate the presence of alcohol in the land.
Today, any American adult, those 21 years old and above, can drink anytime, anywhere, except in the more than 200 Bible Belt counties where the Prohibition law remains in effect. Well, there is nothing wrong with drinking, really, so long as it is not excessive and that one does not drive afterwards. According to the Centers for Disease Control and Prevention (CDC), an average person takes about an hour to metabolize a standard drink; this can be a 12 ounce bottle of beer, 1.5 ounces of distilled spirits or 5 ounces of wine.
It is estimated that a 160lbs male individual will have a blood alcohol concentration (BAC) level of 0.08% after consuming about four standard drinks within one hour (there are different factors that can affect a person’s BAC level, such as his/her age, food taken (an empty stomach can result to a higher BAC level), alcohol tolerance, and overall health) and, in all jurisdictions within the U.S. it is illegal to drive while impaired, that is having a BAC level of 0.08% or greater (for truck and commercial vehicle drivers, however, the BAC limit is 0.04%, while for individuals under the age of 21, even the smallest traceable amount alcohol in their blood can result to a DUI charge – this is due to the “zero-tolerance” law that is in effect for the underage.
Getting a 0.08% BAC level, though, can differ from one person to another due to a multitude of influential factors, such as strength of drink, rate of consumption, age, gender, body type, body fat or muscle content, metabolism, hydration, overall health, alcohol tolerance, food taken (an empty stomach can result to a higher BAC level), and so forth. Regardless of how many standard drinks a person consumes, one fact remains: alcohol causes impairment, slowing a person’s reflexes and affecting his/her ability to focus on the road, judgment, perception, coordination and reaction time, and the more drinks he/she consumes, the more impaired he/she will be.
Impairment, because it increases the possibility of an accident, an injury or death, is the primary reason why drunk driving is prohibited. This is why it is too frustrating and maddening to think of reasons why millions of those who drive cannot or choose not to understand that drinking and driving simply do not match due to the dangers it entails. Yet, in 2014, more 1.1 million drivers were arrested for driving under the influence either of alcohol or narcotics, according to the CDC.
According to Houston car accident attorneys, despite government attempts at regulating the safety of cars, most automobile accidents are brought on by the dangerous acts of the driver, not the car. Thus, no matter how high safety standards become, so long as there are reckless drivers on the road, accidents will continue to occur.
Due to the grave injury, disability or death a car accident may result to, Toronto personal injury lawyers, therefore, believe that victims should also receive proper care and protection from care experts and leaders in the field of medical rehabilitation.
Simply put, no victim should have to face the consequences of a drunk driving accident without fair compensation. Drivers know the dangers associated with drunk-driving, yet they willfully and deliberately put others in danger. This makes them totally liable for the consequences of their actions.
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