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corkcitylibraries · 3 years

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Cork in Verse | Ana Spehar interviews Jim Crickard

Cork in Verse is a series of interviews by Ana Spehar with Cork Poets. This week Ana interviews Jim Crickard.

Jim Crickard’s poetry is camp, entertaining work that explores culture, sexuality and identity with a hint of colour. In 2020 he was invited to represent Cork in the Cork-Coventry Twin City Exchange, which was moved online due to pandemic. In 2019 he was selected by Poetry Ireland for the inaugural Versify series and performed to a sold out show at Dublin Fringe Festival. He came second in the 2019 All Ireland Poetry Slam Final (and is working through his feelings about it with a therapist). In 2018, he won the Cuirt Spoken Word Platform and was awarded a slot to perform at Electric Picnic. In 2020 his poetry was broadcasted on RTE Arena. A poem he wrote was shortlisted in the 2018 O'Bheal International Five Words Competition, and his work has been published in Automatic Pilot, A New Ulster, and Contemporary Poetry.

When did you start writing?

I started writing when was 16. I had just come out of the closet, my older brother Shane (20) died the same year in a road traffic accident. Looking back, I think I needed space for expression. I started out with a journal before sleep. It was playful, private, and helped organise my thoughts. I’d draw a little picture at the end of each entry. I acted a bit like Virginia Woolf, with a high-neck collar, writing solemnly by candle light. When people write diaries, I think they secretly fantasise them being found and read by the masses.

When I was introduced to poetry in my Leaving Cert, I found it to be a bit stiff and flowery with poets like Keats, which had some appeal, but when we moved on to Adrienne Rich and Eavan Boland I was a lot more inspired. It was seeing people use the art form to represent women and give voice to minorities, and how they both textured their work with the confessional. I started writing my own poetry at the end of my journal entries but kept it secret. After a few years, and my first break-up, I started sharing online on a site called AllPoetry. It was great because there were little competitions between users and when I won a few of them I felt brave enough to share my work on Facebook. A few people were kind, but most were indifferent.

When I started going to O’Bheal in Cork, though, I really felt like writing could have a future for me. Writing and performing alongside other writers really makes it a lot more gratifying and instils the self-belief you need to keep going.

Could you tell us more about your creative process?

I’m always on the lookout for something to play with and tease out until it’s a poem. I write with the intention of making people laugh when they hear me perform. Unfortunately, ideas rarely happen when I’m walking around day-dreaming. I mostly need to sit down and write to find the idea or follow whatever I’ve got on my mind. One of my favourite poems that I’ve written takes a hen party in a gay bar and expands it into a series of images and scenarios that delight me and make me laugh. If it makes me laugh, then I trust that it’ll make a crowd of people laugh. I didn’t start out with that idea of the hen party though, I was trying to write a rather embarrassing romantic poem set in a gay bar, it was for a guy I was briefly dating. Suddenly there was a hen party in the corner. They abducted me with their willy-straws and novelty-glasses, and I followed their embarrassing moments and social faux-pas as they ran around, interloping and ruining the sacred queer-space. I was much more interested in them than the romantic poem I set out to write. I suppose it’s important to trust where the poem is going and let it reveal itself. If I ignored them and focused on the poem I was trying to write then I’d have missed out.

How does the creative process of writing affect your mood?

I’m elated when it comes together. I love when I get into a flow and my fingers are typing as fast as they can and what I’m writing is surprising me. That doesn’t always happen though, it can be slow and boring and the cursor can be blinking in front of me waiting for me to write something.

How often do you write? Do you write every day?

I wish I wrote every day. I’ve heard multiple sources say that that’s the best way to approach it, and I would definitely believe it. I have had periods where I wrote a new poem every week, possibly more than one. I have also had long periods of not expressing anything on the page. The latter feels depressing and I feel my life passing me by. It is this dread I feel that I’m losing precious time to grow and improve as a writer. I rationalise it by reminding myself that I need to work full-time, clean my apartment, cook dinner, which is all true. I also excuse myself by saying that I need to relax and watch some TV or listen to a podcast. I think that writing is the purest of me-time and I’d like to transform my relationship with it.

Can you tell us more about Venus Envy?

I have been known to dress in drag from time to time... I performed as Venus for Pride in O’Bheal. Afterwards I went to The Crane Lane with all of the poets. It was interesting being a drag queen out of context in another bar... People wanted to talk to me, some random stranger touched me as they passed by, and someone confided in me with something they had not mentioned before. There’s a strange power to being in drag. It’s like being a shaman, a eunuch, a jester, who is on the outside looking in. You can say things that you daren’t dream of otherwise, and people love you for it. If I had the time and money to do it more often I would. Drag will always have a special place in my heart, and on my right arm is a tattoo-portrait of Panti Bliss, the Queen of Ireland. I’ve thought about putting more drag queens beside her, but it would be like Mount Rushmore of Drag on my arm. Who knows, maybe I will.

‘Hen Party in The George’

Be careful around the corners, don’t make eye-contact at the bar,

watch out for the mom, she’s on safari, in search of exotic birds.

For a parrot to echo her punchlines,

or maybe a cockatoo,

she’s prowling around the cocktail lounge,

she’s looking for me and you.

The mother of the bride uses her lazy-eye

to her advantage,

she edges into a group of faces with meandering conversation.

Now blocking their exit, unsure

who she’s addressing,

on about her gay hairdresser, how great

he is with the scissors.

“I’ve never had a problem with the gays now myself” she says,

pausing to sip from a pink plastic penis,

pausing for praise.

And one by one, the gays fly south,

migrating to the bar,

to the dance floor, to South-Africa if necessary.

“Snobs” she calls em -

“them gays can be awful touchy.”

All her Christmases at once

when the black crow drag queen

stalking her long legs across the stage,

seven foot tall, in a silver crown of feathers refracting light off the disco-ball.

“Jesus” she says, stealing the

microphone: “you’re looking better than me”

“I should feckin hope so” the drag queen says “you’re twice me bleedin’ age!”

Slowly, slowly, the hen party has pissed off all of the George...

Abandoning punctured plastic husbands all over the stage.

Flashing so many cameras it feels like E.T.’s family has landed.

A gathering parliament of lesbians encircles the hens,

a murder of goth gays come down from their perch

I wonder if they’ve seen Hitchcock’s movie, ‘The Birds…’

by Jim Crickard

Sex in the Housing Crisis

We are the generation of born-again virgins

headboards disturb housemates on shift work,

Air-traffic controllers should be included in rent

to coordinate times to get the ride

Landlords can afford to support our sex-lives

and change carpets once in a while

We are the generation of born-again virgins

Like ships in the night, we work to survive,

but we are no thirty year old cargo boats…

anchored in the harbour, waiting for labour,

we are Ferrari red speed boats

with miles to go before we sleep,

miles to go before we sleep.

We are the generation of born again virgins

Nothing kills the mood like mildew

home-sense is built on the backs of millennials

fumigating probate houses

converted into one-beds

with constellations of mould

and half their salary paid

to make out on an old couch

facing a microwave

We are the generation of born again virgins

If you’re living with parents you can forget it

unless you can face breaking their trust

and explain condoms in the toilet-drain.

We must not forget about our parents sex-lives

afraid their carefully considered bed springs

will be heard by their thirty somethings

Let’s give the government hell for

this inter-generational dry spell!

by Jim Crickard

#corkcitylibraries #CorkInVerse #JimCrickard

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bebeglobe · 4 years

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After months of Unemployment, Global Pandemic death tolls & infection-rate spikes, Family feuds, and losing what little money I had on me to lending to family members- I have finally succeeded in being consistent in one major life goal of mine. Needless to say, we have all gone through rough times since the 2020 quarantine and delayed government assistance to say the least. My goal was to gtfo of nyc by any means necessary!

2019 I moved out of nyc to Maryland. Every weekend for atleast a month, I have moved boxed belongings, 2 full sized rugs and of course consistent eBay deliveries of blanket set, sheet set, plant seeds and other much needed things that weighed pounds less than what I was toting a month of weekends. “I HATE MOVING”! However, I understand the necessity. While I’m making such a transition, I was forced to tote hard emotions of being pissed on by “loved ones”. Especially my “partner” whom I dumped due to selfishness and advantage taking. My world has been in a tail spin since 2015, honestly. The Love of my life died (My little brother) that year then my father followed months later. I managed by not dealing with my emotions and burying myself in heavy-duty, lengthy, laborious work hours. I had a short circle of Sister-in-law(s) and others that behaved selfishly. While I was making moves to leave one toxic environment I didn’t realize I was moving into another.

By the time I completely moved to my destination, I came down with pneumonia and was forced into serious downtime. My landlord was paid 2 months of rent and that bitch became a dirt devil vacuum! She constantly pushed for more money knowing I had none. I recovered enough to be able to do shopping and travel in and around town to both get to now the new environment as well as get what’s needed before snowfall. I was on a break from work 23rd December and recovered by New Year’s Eve to work a catering gig which paid poorly and taxed heavily. Still the demand for money kept coming. The landlord was beginning her family as this was her 2nd pregnancy by same guy she moved into the home while I occupied the basement. Over time she spitefully moved her old furniture into the basement ignoring our deal. After the holidays I travelled back to nyc for work but stayed at a friends apartment for easier inner city commutes during NYC legendary bitter winters. Rent wasn’t due and I was sharing my paychecks 3-ways anyway: Food for me +2 (verbal agreement with then friend’s mother), I started heavily smoking marijuana indicas to keep from blowing a fucking gasket on people, and helping out sister-in-law with monetary funds to feed my niece (so I thought). One day I only had $50 on me and said sister called once again begging for money. When I cash app her $50 her response was “That’s It”! I almost lost my shit but I was high so I explained very carefully to her not to push my buttons. She took the money and hung up. Atleast I have peace before the next payday. I thought... A lot has happened from December to February and I moved my belongings from Maryland to nyc. I gave landlord $50 the 2nd to last visit since she had no food, but, all I could think was “I will never be her friend again, nor will I keep communication”.

Every leach I had on me was cut-off. Then there was my exboyfriend now my fiancé (on probation, indefinitely). A year later I am incommunicado to everyone I know except 3 people. Then the quarantine happended. What everyone in mylife at the time had in common is that they had plans to graduate their lifestyle to higher levels but they all tried to cheat their way to the punchline. Now, they all try to reach out to me to this day pleading for help. “GET A JOB”! Then they were blocked and I have deleted all social media accounts to from now on. I will communicate another way. Inperson! Since I have cut these ties, I was able to be more consistent with achieving a planned goal. Of course, now my oldest family members thought it was a good idea to go that same route, a of today, they are unapologetically cut off. I am not planning to borrow money, I am a grown ass woman! I can wait for my next payday! I by nature am a saver, conservationist and an investor of all things Business and MY OWN LIFE.

I want so badly to talk about my gift to myself as well as an important-emancipating goal that is about to be reached, but, I have learned from “Karma” that if I speak of what hasn’t become a reality yet - bad omens (People and their evil spirits) curse me and distract me from my goals and I’m left starving and broke while others flaunt their money knowing they owe me. I had to use aggressive negotiations with those I have helped in the pass just to re-forge respect long over due and collect on unpaid debts. That I did! Needless to say, I am happy being all by my lonesome and I am “HAPPY”. I am in for such adventures the remainder of 2021 as I optimistically look ahead my new journey. I will announce my great news next week when this contract is finalized. The conclusion, I have learned hard lessons on how Narcisists use your love for them against you with no morality to how they deceived me. What has always been true is that they need me before I will EVER need them... And now, they are strangers to me. #NEVERAGAIN

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jessicalafollette · 3 years

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Types of Lawyers You Need to Know

When you need the services of a lawyer, you are likely to be confused about what kind of lawyer you want to go for. There are different types of lawyers, which specialize in various legal fields. For example, there are criminal lawyers, probate lawyers, family lawyers, and so on.

If you have questions regarding the various types of lawyers and the kind of legal matters that they help clients solve, this article will highlight the main categories of lawyers. Here is the list of the different types of lawyers:

Family Lawyers

Family Lawyers helps people with all sorts of family-oriented legal needs. These could be adoption concerns, prenuptial agreements, divorce, and so forth. Attorneys can handle issues such as guardianship, child support, spousal support, and so on. The attorneys can also help people decide if a prenuptial agreement is right for them or not.

Criminal Defense Attorneys

Criminal Defense Attorneys specializes in all types of criminal law. They can represent people who have been accused of crimes, including murder, rape, burglary, and so on. In addition, they can also represent those accused of misdemeanors, like speeding or drug possession. The most common type of criminal defense attorney is a public defender. However, some private attorneys perform criminal defense work as well. The latter is referred to as "specialists."

Personal Injury Lawyers

Another major area of expertise is tort law. Personal injury lawyers specialize in representing clients who have been harmed or are suffering from injuries caused by another party. This includes automobile accidents, slips and falls, construction accidents, and medical malpractice.

Most tort lawyers work on a contingency basis, which means that they charge for any work they do on a claim and not for every client they represent. Some tort lawyers also act as special agents for their clients in carrying out their responsibilities. To know more about personal injury lawyers click here.

Civil Lawyers

These lawyers typically represent clients who have been injured due to another party's negligence. Common cases involve personal injury cases, defective products, and commercial lawsuits. Civil litigation can also include probate, landlord-tenant litigation, divorce and other non-criminal cases.

Tax Attorneys

This is another very common specialty. A tax attorney represents someone who has been accused of or charged with a crime, such as tax evasion. They also may specialize in another area, such as criminal law. A tax lawyer is an attorney who practices solely on tax issues. Others who may be referred to as a tax attorney include real estate agents, payroll administrators, IRS auditors, and tax attorneys.

Employment Law Attorney

Many employment law firms are established to offer their clients a range of legal services relating to employment. An employment law attorney will not only advise his/her clients about employment-related issues but also about other employment-related matters such as workers' compensation and discrimination.

Estate Planning Law Attorneys

Estate planning lawyers specialize in planning for or assisting the passing away of a person's assets. They represent the interests of their clients on matters of wills, estates, trusts and gifts. Some estate law attorneys even specialize in helping clients handle their final estates.

These lawyers can also work as personal assistants to attorneys and ensure that all the legal paperwork is completed, including those involving probate. Estate planning lawyers often act as chaplaincy witnesses for those who have died or provide support for those during the last days of their lives.

Government Lawyers

Government lawyers specialize in cases in which the government is involved. This type of lawyer is employed by the United States government or state governments. Examples include a federal government lawyer who represents the federal government.

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ukimmigrationmatters · 4 years

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Make sure you have a Will and put your affairs in order before you die

Following the tragic loss of a dear friend and business partner this week, I was reminded of just how precious and fleeting life can be. We all should make the best of our time on this earth.

She certainly packed more into her short life than most people would in three lifetimes.

Someone once said that there are two things certain in this life:

Death and taxes!

We’re all going to die one day, but unfortunately, taxes, and other financial liabilities, do you not die with you. The government still wants its share of your estate before it is passed on to your beneficiaries.

Even though you build up your savings and property from money on which you have already paid tax, the taxman still puts his hand out for a cut when you die so that the government can spend it. Each year, HMRC collect’s around £5 billion in inheritance tax (IHT) from ordinary families, as well as the rich. Politicians on the left would like to see this increase, as they do not believe children should inherit wealth.

You cannot change the system, but you can take steps to legally mitigate inheritance tax liabilities. See my article on the billionaire Duke of Westminster who legally avoids several billion pounds inheritance taxes. Even the staunch left-wing socialist MP Tony Benn used trusts to avoid inheritance tax on his substantial estate before he died.

You need to take advice on IHT planning, but three of the common methods used are:

1. Wills

2. Trusts

3. Life Assurance

Where there’s a will there’s a relative.

There’s an old saying, “where there’s a will there’s a way”, but there is also a saying, “where there’s a will there’s a relative!”

When somebody dies, relatives you haven’t see for years turn up from all over the place.

Even if you think you don’t own very much, you should make a Will.

If you die without a Will, known as dying intestate, the state will make one for you and distribute your assets in accordance with the laws of intestacy. Furthermore, if no beneficiaries can be found when you die, your estate will go to the state!

Here are some points to consider.

Make a Will even if you think your situation is simple and you don’t see the point because you are going to “leave everything to your spouse or children”. Wills can include ‘expression of wishes’, such as whether you want to be buried or cremated, where you would like to be buried and the type of funeral service you prefer.

Have it done professionally preferably by your solicitor or a Will specialist. You can buy basic Will online or at WH Smith’s, but I wouldn’t recommend it, as it needs to be prepared properly in order to be valid. You don’t want relatives turning up challenging the Will or claiming that it is not valid for one reason or another.

Make sure that people can find your Will. Your solicitor can hold the original, but you also need to let people know you’ve made a Will. Burying it away in a drawer or in a box in the loft is not the best place.

How will your family pay for your funeral? Do you have insurance, a funeral plan or a pre-paid funeral with a reputable firm?

People often do not realise that when a loved one dies, their financial assets, such as bank accounts, are effectively frozen. In other words, your family will not be able to access your money until a grant of probate has been given, which could take several months or even years in more complex cases.

A basic funeral costs between £3000 and £5000, which will have to be paid for upfront. In addition, there are also costs for a graveyard plot, as well as cemetery or crematorium fees.

Make sure you have adequate life assurance if you have dependents.

You should also take advice about putting your insurance cover into trust so that it does not form part of your estate upon death, which means the money from the policy will also be paid out to beneficiaries far quicker without the need to wait for probate.

I was in financial services for over 25 years and almost everybody I met was underinsured. Husbands who were the main breadwinners would often say things like, “well, she’s got the house hasn’t she?“.

People even have mortgages that are not protected by insurance. Clearing debts upon death should be your first priority unless you have no dependents.

Think about inheritance tax. Thousands of ordinary families with just one property have been hit with huge inheritance tax bills. You may want your family home to be preserved by your children, but the property may have to be sold quickly to pay inheritance tax.

You can also make use of lifetime allowances to gift monies to children or grandchildren.

Finally, don’t leave things to chance and take professional advice from your solicitor or financial adviser. This is not something for the DIY enthusiast!

Other articles available at Money Tips Podcast - www.moneytipsdaily.com

· How will a crash affect your pension?

· House prices rise to reach all time high

· How to avoid bankruptcy in business

· Will demand for HMO rooms rise or fall?

· Is this the end of office work as we know it?

· Home workers one step closer to outsourced

· Why live in expensive town centres anymore?

· Buy-to-let landlords ignore “NO DSS” tenant ban

· Thousands trapped in unsellable leasehold flats

· 2m homeowners apply for mortgage payment holiday

· Government extends ban on landlords evicting tenants

· Self-employed, have you claimed your government grant?

· UK property prices jumped by 3% since June following stamp duty cut

· Why UK Property prices rising after stamp duty cut, despite the downturn?

· New planning rules will open up more opportunities to make money in property

· You can create a second income during the lockdown…and come out stronger

· Learn how to make money from property without deposits, mortgages or cash

Millions of people face a bleak future post-Coronavirus lockdown, as businesses disappear and the job furlough scheme eventually comes to an end. However, life doesn’t have to end because of lockdown! You can join thousands of ordinary people who have increased their income and added streams of new income during this period.

Are you ready to adapt to the new economic model?

As lockdown restrictions around the world are being eased, the economic model has subtly changed forever. How will you adapt to this new way of working and running a business, what obstacles and opportunities lies ahead? Will you be a participant or spectator in this revolution?

By Charles Kelly, Wealth Mentor, Property Investor, Author of Yes, Money Can Buy You Happiness and creator of Money Tips Podcast.

There are more examples and practical steps to getting rich and being happy in my book, Yes, money can buy happiness, I cover the 3 R’s of Money Management, the Money B.E.L.I.E.F System and much more. Check it out on Amazon http://bit.ly/2MoneyBook.

If you’d like further information on wealth mentoring and coaching, how to survive the crisis and even quit the rat race, email me at [email protected] or send me a message through Facebook or my Money Tips Daily community. See more articles at www.moneytipsdaily.com

#wills #taxes

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ericfruits · 4 years

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Expensive Lawn Care

Dan Trevas reports on a decision of the Ohio Supreme Court

The Ohio Supreme Court today indefinitely suspended a central Ohio lawyer for overcharging or stealing more than $128,000 from a mentally ill client, including charging his $250 hourly legal rate for mowing her lawn.

In a unanimous per curiam opinion, the Supreme Court suspended Austin R. Buttars of Dublin. Buttars has been under an interim suspension since June 2019, after he was convicted of fourth-degree felony theft. The Court conditioned his return to the practice of law on proof that he paid the remaining $66,174 of the $128,674 he took from his former client or that he reimbursed the Lawyers’ Fund for Client Protection for any amount awarded to her.

Pro Bono Representation Proves Costly to Client The Office of Disciplinary Counsel’s investigation of Buttars began from a referral from Franklin County Adult Protective Services regarding a woman identified in court records as E.H.

E.H suffers from mental illness, alcoholism, and depression. In May 2015, she hired Buttars for assistance with a landlord dispute. Butters worked as an independent contractor to a law firm. The law firm entered into a written fee agreement with E.H. to represent her in the landlord-tenant dispute on a pro bono basis, provided she pay $20 per month during her representation.

However, Buttars signed a separate written agreement with E.H. in which he agreed to represent her “in any capacity.” E.H. advised Buttars she did not have any money to pay him, but she expected to receive a substantial amount from her inheritance when her mother died.

Buttars worked on the eviction. Two months later, in July 2015, E.H.’s landlord agreed to dismiss his eviction complaint when E.H. voluntarily agreed to vacate the premises. Buttars charged E.H. for more than 30 hours of legal services for handling the eviction at his $250 per hour rate despite the law firm’s agreement to handle the matter pro bono.

Lawyer Administers Estate E.H.’s mother died in September 2015, and E.H. requested that Buttars administer the estate. Buttars formed a law firm with another attorney, and the firm performed various actions for the estate until August 2016.

From the time E.H. hired Buttars through 2016, he charged her $69,785 for services, including $9,000 for the eviction matter. The rest of the charges were listed for administering the estate and handing personal matters. Additionally, Buttars’ law firm charged another $20,841 for probate and personal services, bringing the total fees to $90,626.

Buttars paid himself and the firm by making online transfers from E.H.’s bank account.

Franklin County Adult Protective Services became aware of the arrangement and notified the disciplinary counsel. The agency later filed a grievance against Buttars.

County Indicts Lawyer During the disciplinary proceedings, Buttars admitted that in addition to charging E.H. over $90,000 in legal fees, he transferred another $57,000 from E.H.’s accounts, although none of that money had been earned by him.

In October 2018, Buttars was indicted for theft of a person from a protected class, a second-degree felony, and agreed to plead guilty in May 2019 to the fourth-degree felony charge. He was sentenced to two years of community control, ordered to complete 100 hours of community service, and pay $29,450 in restitution to E.H. within two years. At the time of the conviction, Buttars had paid E.H. $62,500.

Prior to the filing of criminal charges, the disciplinary counsel charged Buttars with violating several rules governing the conduct of Ohio attorneys. The Board of Professional Conduct stayed the disciplinary proceedings until the completion of the criminal case.

Buttars indicated he performed various non-legal services for E.H., including: helping her with tasks around her home; looking for a new apartment; paying her bills, shopping; mowing her lawn; unclogging her toilet and sink; scheduling an appointment with her cable company; researching television evangelists at her request; and car shopping with her. For some of the services he charged a $250 hourly legal rate, and occasionally charged a $125 paralegal rate, although the services were neither legal nor paralegal in nature. On some days, he billed E.H. twice, at the legal rate and the paralegal rate for what appeared to be the same services.

Clearly Excessive Fees Charged The disciplinary counsel and Buttars stipulated, and the board agreed, that Buttars violated several professional conduct rules while representing E.H., including charging a clearly excessive fee. He also was found to have committed an illegal act; engaged in conducti involving dishonesty, fraud, deceit, or misrepresentation; engaged in conduct that adversely reflects on his fitness to practice law; and made a misrepresentation to a court

The board determined that Buttars transferred a total of $147,710 from E.H.’s accounts, and that he and his law firm earned only $19,036 for services provided. The board concluded Buttars stole or overcharged E.H. $128,674.

Buttars repaid E.H. $12,500 in January 2017, and another $50,000 before his 2019 conviction. Buttars still owes E.H. $66,174, which includes the $29,450 in restitution, which was part of his criminal sentence.

Behavior Warrants Indefinite Suspension The Court’s opinion stated that the presumed sanction for misappropriating client funds is disbarment, but that in some cases the Court has chosen to indefinitely suspend lawyers. The board noted that Buttars had made a good-faith effort toward repaying E.H., has cooperated with the disciplinary proceedings, and entered into a two-year contract in 2017 with the Ohio Lawyers Assistance Program to address a mental disorder and has complied with that contract.

The board recommended, and the Court agreed, to indefinitely suspend Buttars, finding he has accepted responsibility for his actions, expressed sincere remorse, and committed to making things right with E.H.

2019-1722. Disciplinary Counsel v. Buttars, Slip Opinion No. 2020-Ohio-1511.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2020/04/dan-trevas-reports-on-a-decision-of-the-ohio-supreme-court-the-ohio-supreme-court-today-indefinitely-suspended-a-central-ohi.html

#IFTTT #Feedly

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notebooknebula · 3 years

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Understanding Real Estate Law With Al Nicoletti & Jay Conner, The Private Money Authority

https://www.jayconner.com/understanding-real-estate-law-with-al-nicoletti-jay-conner-the-private-money-authority/

Today on Real Estate Investing with Jay Conner, Al Nicoletti joins Jay to discuss all things about real estate law.

Al Nicoletti is a Florida Bar Attorney with the capability of handling cases across the state and is headquartered conveniently in Jacksonville. FL. Specializing in Real Estate Law, Al serves investors, business owners, contractors, landlords alike regarding Probate, Probate Litigation, Foreclosure Defense Litigation, Trust Administration, Wills, Trusts, Estates, and much, much more.

Al kills it on Florida Probate, going above and beyond for clients. Formerly educated and graduated from the University of Miami (Bachelor of Arts in Music and Minor in Business Law) and Barry University School of Law (Juris Doctor), Al is a Florida Bar Attorney with the capability of handling cases across the state and headquartered conveniently in Jacksonville, Fl.

Specializing in Real Estate Law, Al serves investors, business owners, contractors, landlords alike regarding Probate, Probate Litigation, Foreclosure Defense Litigation, Trust Administration, Wills, Trusts, Estates, Personal Injury, and much much more.

Al’s success has been driven by the desire to serve each client with the attention they deserve, going above and beyond to find the most creative solutions, even if it takes an extra trip to the courthouse to see a Judge.

Timestamps:

0:01 – Get Ready To Be Plugged Into The Money

1:19 – Jay’s New Book: “Where To Get The Money Now”- https://www.JayConner.com/Book

2:34 – Today’s guest: Al Nicoletti

4:56 – Why did you choose to dive into real estate law?

8:45 – Understanding Probate

12:22 – Is it possible to transfer title without using probate when the owner dies?

13:53 – What type of services do you offer to real estate professionals?

16:20 – Process for acquiring the title of the property

18:42 – What is your advice to real estate investors when doing probate deals?

20:23 – From a marketing angle, what is your advice to real estate investors doing pre-probate deals?

23:22 – Sample litigation case study.

25:57 – Foreclosure litigation case study.

28:01 – Al, what do you see happening on the foreclosure market of the real estate industry?

31:01 – Connect with Al Nicoletti – https://www.AlNicoletti.com

Private Money Academy Conference:

https://jaysliveevent.com/live/?oprid=&ref=42135

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Real Estate Investing – Jay Conner – Private Money

Jay Conner (00:04):

Well, if you are a brand new real estate investor, and you’re still struggling to get your first real estate deal funded and you just don’t have the money, or perhaps you’re a wholesaler, you’ve gotten some assignment fees and you just wanna stay in some deals, but you can’t because you don’t have the funding. Or you’re a seasoned real estate investor, and you just want more money to fund your deals, but you want cheap interest rates. Hey, if you answered yes to any of those questions, don’t go anywhere because I’m getting ready to plug you into the money.

Jay Conner (00:47):

Well, welcome to another episode of real estate investing with Jay Conner, the Private Money Academy Podcast. I’m Jay Conner, your host also known as The Private Money authority. And here on the show, we talk all the time about private money and getting funding for your deals. And if you’ve been tuning in, you know, that I always have amazing experts and guests join me here on the show. Today is no exception. But before I introduce you to my friend and guest, I’ve got a free gift for you just for showing up. And that is, I want to give you a free copy of my brand new book, “Where To Get The Money Now, How And Where To Get Money To Fund Your Real Estate Deals Without Relying On Hard Money Lenders”. You see from 2003 to 2009, I relied on traditional funding, banks, mortgage companies, hard money lenders to fund my real estate deals.

Jay Conner (01:39):

And in January 2009, I was cut off like the rest of the world. Well, guess what? I knew I had to find a better and quicker way to get my deals funded. So I learned about this world of private money, where you get to set the rules, do business this way, and use private money to fund your deals. I was able to get over 2 million in new private money. I haven’t missed out on a deal since that time, since 2009. And now you can enjoy the same thing. Let me send you a copy of my book. Absolutely free. You just cover shipping and handling I’ll autograph it and ship it right out to you. You can get it at www.JayConner.com/Book. That’s www.JayConner.com/Book will rush it right out to you.

Jay Conner (02:32):

Well, today I’m so excited to have a very good friend of mine, an expert specialist, actually in this world of probate litigation, all types of real estate law. He’s down in Jacksonville, Florida. He’s a Florida bar attorney and he handles cases all across the state of Florida. As I said, he’s based out of Jacksonville, specializing in real estate law. And he serves his clients are real estate investors. They are business owners. He and his clients are also contractors, landlords pretty much any type of business owner or business investor in the world of real estate. And again, he specializes in probate, probate litigation, foreclosure defense litigation, trust administration will estates all kinds of trust. And what my friend and guest are known for is really going way beyond what he’s hired to do for his clients. In fact, if he has to make an extra trip down to the courthouse to visit with a judge about the case, he’s willing to do that. Well, he graduated and got his degree from the University of Miami and he got his law degree from the Barry university school of law. His success again is driven by his desire to serve his clients. And he always has very creative solutions and he goes the extra mile all the time for his clients. So I wanna welcome to the show, my good friend and fellow mastermind member Al Nicoletti. Hello, Al. Welcome to the show.

Al Nicoletti (04:12):

Jay, thank you so much for that wonderful introduction. I loved everything that you were saying in there and you said it so perfectly too. It was like at that perfect pace and you’re natural at that. So thank you so much for having me on your show. I can’t wait to dive in on everything. Probate, probate, probate, we’ll dive in some weird litigation, maybe weird real estate, some stuff we’ll get into, but Hey, let’s, let’s let it rip anything I could do to help provide the ultimate value to your I’m here. And I gotta say, Jay, it was an absolute pleasure that we got to meet for the first time at Mastermind. We headed off right at the table, going back and forth. So I’m so happy to be here with you.

Jay Conner (04:54):

I’m so excited to have you Al first of all, how in the world did you get interested in and involved in this very, very niche piece of real estate law?

Al Nicoletti (05:07):

So it really all started when I had just gotten out of school. I took the first job I, I could, when getting outta law school, you try to find somebody that’ll take, take you under their wing. You know, you can shadow them. So I took my first job and it ended up being a foreclosure defense. So at the time, it was kind of towards the end of that, ’08 realm where all of those foreclosure defense cases were happening. And when you dive into foreclosures, you not only dive into just people that are alive, but you find out people that owned that property and there are heirs and there’s a foreclosure that is happening for that property doesn’t stop. And you were found not only was it foreclosure, but it was probate as well. So we realized to get past that foreclosure, we had to get through the probate.

Al Nicoletti (05:58):

So I was dabbling a little bit in that. And then my best friend who is doing law with me as well had an idea all of a sudden one day, and he came down to visit me. We were talking about some stuff and somehow the idea of probate was like, you know, the idea. Do you realize how many properties, how much real estate is sitting out there that nobody’s really ever touched, or the probate’s never been done? And I mean, all counties in Florida whether, whether the attorneys that they had been to were charging them upfront, or they just never wanted to even get into it. And at the time Jay, I didn’t get it. I needed time to realize what this niche was all about. So it took about a year and I then revisited the whole idea again.

Al Nicoletti (06:48):

And I was like, wait a second. There are a ton of properties, real estate in Florida that have never gone through probate, or they need a specialist to come in there that provides a solution to that problem. So I headed off, I was in Miami at the time cuz that’s where it all started Miami. But you know, a lot of the traction didn’t pick up there and it wasn’t until I moved to Jacksonville and started the action, actively speaking, presenting, explaining that it all of a sudden just started getting traction and then fast forward, like two, three years later, it is just exploded. And the concept of it is incredible. I don’t think there was really anybody that was going after it or were explaining it the way I had. And it’s all about simplifying and boiling it down to basics and understanding for everybody to understand.

Al Nicoletti (07:48):

And so I found that niche took off with it, just ran with it and it’s just been blowing up today. And with the pandemic I actually had to niche down my practice even more so you know, everybody was going through all the landlord-tenant issues. I actually made a decision right when the pandemic hit to tell myself, do I also take on and dabble in some landlord-tenant? Or do I go harder into the niche of probate? And I made that decision. I said, no, I’m not taking the landlord-tenant stuff. That’s gonna be crazy stuff to do right now. We have deals to get done right now. We have probates to do people have deals to close that are not landlord-tenant related and the moratorium didn’t stop probates, right. Courts were open. So found that niche went harder, Jay, it is blown up. I mean, I couldn’t tell you how crazy it’s been. It’s just blown up and I love it.

Jay Conner (08:43):

Well, Al, let me ask you this question. I wanna make sure that our audience is all on the same page here with what you’re talking about. So let’s be really simple in answering this question. So you have an individual that dies, so you have the deceased and the deceased owned real estate. And so take us through the timeline and definitions. What is pre-probate? What is probate and what triggers it to start?

Al Nicoletti (09:33):

So definition, probate really straight forward, easy streamline, somebody owned real estate and if the real estate is in their name and they die now for the true heirs, whether it was inherited through a will or maybe there’s no will, maybe there’s a spouse or children, kids in order for them to then either get title to the property or to sell the property to maybe a buyer or get it listed or get it out there through a contract, they are going to have to go through this core process called probate. And all it’s doing is moving the title over, shifting the title from the deceased to the heirs. That’s it? So when you hear Jay, about pre-probate and when it, you know, that comes to like leads and lead sources, but pre-probate in the world of leads and sources is somebody owned that real estate they died and the death may have been really recent, right?

Al Nicoletti (10:32):

It may have happened two, three weeks ago. But also pre-probate means that it hasn’t gone through the court process. There have been no filings, nobody has started, nobody’s initiated it and filed a paper in court to do it. That’s pre-probate and pre-probate. Believe it or not. Doesn’t just have to be that it, that the deceased passed like two, three weeks ago, there have been many properties where the probate had never been done for 20 years. And that’s how that all tied in with how I got started was realizing, wait a second. How many there are that have never gone through the process? So pre-probate is it hasn’t been started, hasn’t been initiated and it may, the person may have passed recently or has to die 20, 30 years ago. And still, it has to be done here in Florida, at least.

Al Nicoletti (11:23):

So then you have probate leads. Probate is where the person died. They’ve gotten an attorney they’ve, they’ve now engaged with that attorney. They are working with the lawyer to file the probate. They file it. They, you actually get it in the courthouse. Now it becomes a public record. Anybody can see it. All of a sudden J Connor’s taken his mouse and goes, Ooh, that looks like a nice house. And, you can actually go through the files and find it. Now those are open files, right? Probate and pre-probate are very different, but the money hits, I think, are the pre-probate, because that’s where there’s less competition. There are fewer people trying to go through that part. As more people will go to the courthouse, they’ll take a backpack. They’ll get paper or they’ll or they’ll but a list from the courthouse or print it out a line and go through it. Those are the differences in probate.

Jay Conner (12:19):

That makes sense. Is there a way, or does real estate ever pass title and ownership from the deceased to somebody else’s name without going through the probate process?

Al Nicoletti (12:33):

Well, it depends if you’re using mechanisms to avoid it, right? So there’s probate where the title’s in their name and there’s no special deed, there’s no trust or anything like that. You may see where the person owns that property and maybe it’s husband and wife, they’re on the title together. They’re both on the deed together. And husband dies well, wife’s still alive. She just, they gotta get the death certificate recorded. Title moves to wife, Jay Conner wants to buy the house. All he is gotta do is get under contract with the wife, right? That’s a simple way. Or you have what they call in Florida. I think they have it in North Carolina as well. Are the ladybird deeds, it’s a new deed. So the person that owns that property while they’re alive, does a brand new deed and they retitle it, leaving it for them to own only for their life while they’re alive and upon death, the title would move to whoever they pick on that. So they just get a death certificate recorded and you bypass probate. Those are two ways. There are other ways like trusts and what they also call survivorship joint tenants with survivorship, meaning whoever lives, the longest get titled to the property. But those are ways that you would not need probate on that property.

Jay Conner (13:54):

So what type of service or services do you find yourself primarily serving real estate investors with?

Al Nicoletti (14:06):

Oh, probate, for sure. But it’s where they go under contract. And all of a sudden they bring that contract to the title company and the title company comes back with their title commitment and says, Hey, buyer, we can’t give you a policy. We can’t close on your property until you get this done. And that’s when all of them now are like, well for a second, we gotta go through probate. Where’s Al where do we go? Like, how do we get this done? And what’s unique about the service that I’m able to provide the seller and the investor on the whole deal is that I don’t need anything upfront. I can wait until the end. I can wait until the closing for that payment, which helps everybody. That means they don’t have to put anything down and we could just do that whole transaction and get it done.

Al Nicoletti (14:57):

That’s the focus. So a lot of it is the distress situation or the same thing. I’m like a real estate title fixer in a way Jay because what happens is the same situation, the investor and the seller they’ll go under contract and they’ll bring that contract to the title company. And the title will say, well, wait a second. There’s an issue. There was like a deed back in 1980. That’s still messed up. There are still issues with it. There’s somebody didn’t convey, but it went to somebody that’s owning it now. Maybe we have to quiet the title. So I find myself with services that are fixing the title issue to then be able for the underwriter, the title company, to then get a policy and insurance policy to the buyer. So they have a clear, marketable insurable title. But they get funky. They get weird, they get expensive, they are long. Probate, fortunately, doesn’t have to take that long. We could do probates in a matter of weeks, even in Jacksonville, we can do it in a couple of months, two months in like Ocala or a month in Daytona, but you get these other situations, they take longer and they’re expensive, but these title fixing things are unique. They help serve that seller to get that house off their plate.

Jay Conner (16:19):

So here in North Carolina you know, when I go under contract on a property to buy it from the seller as soon as I’m under contract, one of the first things that I do is hire my real estate attorney to do a title search. So in Florida wouldn’t the real estate investors’ attorney be able to determine there is an issue prior to them trying to get title insurance.

Al Nicoletti (16:52):

Okay. That’s the idea. So same concept. And in Florida, you don’t have to be an attorney to be a title company as well. So you could be, you could be an agent, just a title company. And what happens is that the investor, the seller, go under contract, just like you said, and they’ll submit the contract to the underwriter, the title company for review. So they’ll pull the booking pages. They’ll pull the index, the record, or anything that can help the deeds and review them. And then that’s when they give their commitment, their clear down that’s what a title commitment in is. It’s a clear-down report of all of the issues that have to be resolved before you can actually close, you know, get the whole deal done. Keys are exchanged. So that is exactly the same kind of the idea here in Florida. It’s just that if you’re getting a title commitment. You’re getting a title search that sees that problem. And we analyze it from there. What’s the issue.

Jay Conner (17:51):

Gotcha. So, where are you coming to play is like most attorneys out there either don’t have the expertise or the experience that you do on getting these title issues cleared up so people can move on to closing, right?

Al Nicoletti (18:07):

Yeah. And it’s, and it’s the idea of moving things along, right? There’s a problem. We gotta find a solution and get to the finish line. And that’s the idea is not thinking so much about, you know, the payment upfront. Let’s just say, it’s thinking about, okay, how, how do we do this right now? So we think about the end insight and say, okay, if we get this done, that means everybody can close. That means sellers, happy buyers, the happy title company can close. And we, we figure out a whole solution to that problem.

Jay Conner (18:42):

So, well, what kind of advice can you give to real estate investors to either, well, like, just in general, any advice that comes to mind as it relates to pre-probate and probate to make their life easier?

Al Nicoletti (19:00):

Well, definitely connect with the right professionals. Right? So definitely connect with attorneys or title companies that have gone through a probate issue, a process, you know, whether it’s on the closing side, whether it’s doing the probate like I’m here in Florida. So, you know, there’s that situation of working with the right professionals to help you get there, having the right skip tracing tools is huge too, because Jay, what happens a lot are investors find a great distress property. I mean, it’s a prime area. It’s near the beach, it’s near a great Airbnb spot. But the problem is that you may not be able to find an heir or two. So having great skip tracing resources or investigators that are not gonna cost a lot is really, really key. And I would say a big, big tip for doing the probate is getting started. So many people want to know this hypothetical or that hypothetical. What if this, what if that one of the best things you can do, and it’s not just probates, business in general, get your feet wet, get into it, dive into it, find one, go for it. And that is where it can really benefit everybody. If you just get started with it, you gotta have the right experts. You gotta have the right professionals and the people around you that know what’s going on. Right. They have to understand what’s happening.

Jay Conner (20:22):

Al, I don’t know how much you’ve been involved personally, or perhaps you’ve heard your clients real estate investor clients share with you. But what’s some advice if you have any, from a marketing angle, you know, I hear just stories and stories over the years of real estate investors, you know, estates or they market to families in a pre-probate that have recently lost a loved one. And it’s like, you know, you run the risk of them just being like, totally ticked off at you. Cause they view you as like, not you, the attorney, but view the real estate investor as some ambulance chaser, you know, trying to take advantage of people. What advice could you speak to that?

Al Nicoletti (21:10):

Everybody’s situation is different. What they’re going through, you’re here as the investor to provide value to them, right? They may never get a deal or some, an offer that you’re able to present. So being there and trying to empathize, not sympathize, but empathize with their situation and understand where they’re coming from and talking to them, right. Talking to people actually like helps a lot, not just having a five-minute conversation, but understanding where they had been. How did it get here? What are they looking for? What is their want? What is your want? What is their want? And understanding what they want and listening to what they want is very important. I see it, even on my end, when, when I’m doing the probate, talking to these people, I see the same thing. You got to listen to what’s going on.

Al Nicoletti (21:57):

That didn’t happen overnight. Jay, I had to learn that as being a lawyer cause you know, lawyers, they don’t stop talking, right? So you have to, you have to learn how to like listen to what they want and I would say of marketing best marketing. You probably I’ve seen that you could do is direct mail, cold call. But when you do it, you’re coming from an angle of, you’re not, you’re not saying, Hey, my name is this. I can close in 30 days as is cash. You know, we could do a closing. No problem. You gotta approach a from, look, I’m trying to help you. I’m looking for a property may be to buy. I found your property on the records. I’m interested. I’m willing to offer you this price. And I want to just know where you’re coming from.

Al Nicoletti (22:44):

I love to come to check it out, actually, be able to meet with you and see where we go from there. And having that softer approach is the key. And if it’s not, you hire somebody that actually has that personality that may, that may change things too. People don’t realize that the power of what personality you have can impact the absorption of that deal. Because if you have that soft personality, you may get that deal. If you have that, you know, type a drive, drive, drive, drive, drive, you may not get that because that’s not what they like. They’re resistant to that. So it’s all about meshing.

Jay Conner (23:22):

What’s a weird litigation case. You’ve done that there might be a lesson or two learned that you could share.

Al Nicoletti (23:29):

Oh my gosh. So you know, we actually, I had one about three years ago we inherited the probate, no pun intended. We actually had to take it over. There was somebody that was working on it. They weren’t, the attorney wasn’t doing anything or they weren’t, I don’t know what was happening in their relationship with the clients, but it wasn’t working out and we took it over. And one of the things we realized was not only just listening to what they, what was going on, but also providing them a solution. So in this case, there was contentious stuff going on. There was a will. There was a trust. There were minor beneficiaries. It was crazy. And nobody knew what anybody wanted. That was the problem.

Al Nicoletti (24:22):

It’s like, there was a fight. There was like somebody that asserted a claim or they, wanted to file an answer. Something happened, nobody knew what they wanted and what we ended up doing. And this was litigation, Jay, this actually, we had to go to court, sit down with the judge, you know, and what we realized was like, look, let’s get our position in. Let’s hear their position. Let’s get before the judge we got there. And what the judge basically said to us was if neither of you comes to a resolution today, somebody’s gonna win and somebody’s gonna lose. So we all said, look, let’s go to mediation, let’s talk it out. And we went to, we went there and after about eight hours of mediation, finally, it was all the money. Somebody wanted this. Somebody wanted that got down to the table, wrote it out.

Al Nicoletti (25:12):

So that took that from the time we took it over, took another year and a half. So on the investor side, you’re thinking, you know what, for something like that, we just gotta have patience. If it starts getting litigious and fighting, got to sit down, start working on something else, try to find other deals. There are tons of other deals out there. But on our side, what we realized was patience. Patience, time, working it out, and talking to the other side to figure it out, worked. It was beautiful, but it was wild. How many people were involved and everybody, everybody had a different side to them. You didn’t hear anything. And so you saw the attorneys come back with emails. It was wild.

Jay Conner (25:57):

You also have had cases and clients that were in the realm of foreclosure defense litigation. Were you representing the real estate investor or are you representing the person being foreclosed?

Al Nicoletti (26:12):

Foreclosed? So what, what I was doing back in Miami was we were kind, we were getting involved once that person got served by the bank, by the process server and trying to figure out how we can get to a resolution, maybe get to mediation, figure out if there were any defenses in what was being done with the note and the right servicing and the right transferring and the endorsements on the note, you know, all of the crazy things that ’08 was was all about. But what kind of shifted in the last, I would say a year was seeing the investors, finding these properties where it was about, it’s about to go to auction and they’re gonna offer over the balance of that mortgage plus interest plus anything accrued. And they want to help buy that property from that seller, but they needed somebody to get in and try to stall or reschedule and cancel it.

Al Nicoletti (27:10):

So those are the things that I’ve been seeing more because that’s helping everybody, right. That’s helping everybody, they’re making money instead of going to an auction going for less the investors buying that property. So they’re dealing with what they have to do, but that is canceled and rescheduled of sale thing. That seems to be a huge thing right now because Jay, I’m sure we could get into a whole thing with what these banks are doing with deferments, you know, during the pandemic. Oh, don’t worry. You know you don’t have to pay us for a whole year and a half. Oh. But when a year and a half is over, you owe us $22,000 and people can’t afford that. And now they need help with somebody coming in saying, I’ll take that off your plate. So you’re not in a deficiency situation knowing the bank money, let’s buy that property. Let’s get you with the right professional that can help get you to that point.

Jay Conner (28:01):

So Al my final question for the show here with you is I need you to look into your crystal ball Al and share with me and the audience. We’re here on this side of COVID, we’re not out of it foreclosures, as you just said, have, for the most part, been on pause you know, have the majority of them, some of have, and the majority of them still have not been going to sale. What do you see happening? You know, and when do you see it happening as far as foreclosure starting to go to the sale? Do you think they’re gonna be on pause for, you know, an extended period of time or are they getting ready to open up or what do you think?

Al Nicoletti (28:46):

So I think on what I’ve been able to see from my end, I think it’s starting to happen more now. So I’m seeing more cases, more things going up on the auction block, whether it’s tax deeds that are coming up from things that have been postponed, but the foreclosures, I think they’re starting to come back. There was somebody that reached out to me and had an issue with the bank where the bank, as I had just mentioned the bank said, Hey, now you owe us $8,000 or $20,000. And they just got that letter in December. Well, what, what does that mean? That means if that, if they’re treating that as their default notice that means they’re probably not gonna do anything for another 90 or 30 days, then they’re gonna start the litigation in the suit in February or January or March, and then start the whole serving process thing.

Al Nicoletti (29:37):

That means that foreclosures are gonna just be a wave. There’s gonna be a wave of them, probably in the middle of 2022. There’s gonna be a lot more on the auction block, but here’s the other side to it is that unlike ’08 where the values were upside down and it was more in a short sale, you may find people, that the equity is higher because values are going up and yeah, the deferment payment is high, but there may be situations where they may not be in a deficiency. So they may not be owing to any money later. So that’s a good thing. But I think the end of 2022 more, 2023 is where we’re really gonna see a big shift in inventory. And again, I am not an investor. I don’t do the realtor stuff, but I see a lot of what’s happening. Like probate is endless. Like this that probate is only gonna go up. Like if I told you stats on probate, Jay, you’d be like, what? Foreclosures, I just think we’re gonna see more of them as we keep going. It’s just gonna happen. 2022, 2023 is gonna be a lot of stuff going on.

Jay Conner (30:47):

Well, I appreciate your insight, Al. So you are the attorney that fixes weird hard title problems specifically in the niche of probates. So Al let’s tell everybody how they can get in contact with you. And first of all, we got your website at www.AlNicoletti.com. I spelled in one word www dot A, I, N, as in Nancy, I, C, O, L, E, T, T, I. dot com, www.AlNicoletti.com. Any other way to connect with you Al, you out got your own podcast show, right?

Al Nicoletti (31:25):

Wow. There are so many things I could go through. Basically, I could do the whole intro of my show right now on your show, Jay, go for, so everybody goes, I’ll go for it. So I’m Al Nicoletti. You can find me on YouTube. I have a YouTube channel under Al Nicoletti, got videos, constantly posting on probates, quiet titles, partitions. And I also post my show, The Al Nicolleti show, which goes live on Wednesdays at eight I’m on hiatus right now until season three, which starts January 12th. It gonna be a great season. Season 3 is gonna be the best ever. And you can find me on Instagram @AttorneyNicoletti, and I’m on Spotify and iTunes with The Al Nicoletti show. But also Facebook is huge too. You could check it out under Al Nicoletti, posting content all the time, love posting this stuff. I got videos everywhere, constantly dropping. And like Jay said, check out the website, www.AlNicoletti.com. You could find out all the stuff there. You see my pictures. Some of the things about me and Jay, thank you so much for having me on your show. This has been amazing. This is like, oh, you know, we meet at a Mastermind and I could just tell instantly we’re gonna connect. We’re gonna be on these episodes and have a great, great time doing this stuff.

Jay Conner (32:39):

Absolutely. Al thank you so much for joining me, man. I appreciate you.

Al Nicoletti (32:45):

Thank you, Jay.

Jay Conner (32:47):

All right, everybody checks out Al at all the different places he said, you got www.AlNicoletti.com and Instagram, YouTube, Facebook, all the above. Well, there you have it, folks, another episode of Real Estate Investing with Jay Conner, The Private Money Academy Podcast, and I’m here to serve you, folks. I’m wishing you all the best and I’m looking forward to seeing you right here on the next Private Money Academy podcast.

#real estate #real estate investing #real estate investing for beginners #private money #probate #Jay Conner

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46ten · 7 years

Text

Rachel Faucette and James Hamilton

"A Dane a fortune-hunter of the name of Lavine came to Nevis bedizzened with gold, and paid his addresses to my mother then a handsome young woman having a snug fortune. In compliance with the wishes of her mother who was captivated by the glitter of the [unknown] but against her own inclination she married Lavine. The marriage was unhappy and ended in a separation by divorce. My mother afterwards went to St Kitts, became acquainted with my father and a marriage between them ensued, followed by many years cohabitation and several children.

"But unluckily it turned out that the divorce was not absolute but qualified, and thence the second marriage was not lawful. Hence when my mother died the small property which she left went to my half brother Mr Lavine who lived in South Carolina and was for a time partner with Mr Kane. He is now dead." AH to McHenry 27Aug1800

These are the only surviving lines (yet found) where AH describes his mother, Rachel (or Rachael) Faucette (or Fawcett, Faucet) Lavine (or Lavien, Lewine, there are many ways this name is spelled in historic documents from the West Indies. So much for careful record-keeping.) [There’s only one document in which her name is given as “Rachel;” otherwise she’s always “Rachael.” To be consistent with the spelling of her name with almost every biography of AH, I just use Rachel here.]*

JCH provides a longer description, stating that "traces of her character remained vividly impressed on [Alexander's] memory. He recollected her with great fondness and often spoke of her as a woman of superior intellect, highly cultivated, of generous sentiments, and of unusual elegance of person and manner."

Born sometime between 1725 and 1729 on Nevis, Rachel inherited her father (John Faucette’s) fortune in 1745. After having married that same year, by early 1750, Rachel Lavien left her husband, John, and child, Peter (likely born 1746), moving with her mother in the fall of 1750 to St. Kitts. The events prior to her move that biographers like to dwell on: the accusations of 'improper' behavior, her imprisonment in the Christiansted jail, are not recorded in any document from the 1749-1750 period (or the document has yet to be found). Rather, these events are described in a divorce petition filed by John Lavien in 1759 that Rachel does not respond to. The court documents describing Rachel Lavien’s affair with Johan Jacob Cronenberg, a cartographer with the Danish West India Company, have been discovered by Michael E. Newton, though it’s still important to note that prior to this discovery in 2018, all biographies are basing their discussions of Rachel Lavien’s behavior on the 1759 documents.

We know that at some point on St. Kitts, Rachel met James Hamilton. Traveling back and forth between St. Kitts and Nevis, they had at least two children (birthdates anywhere from 1753 to 1757). She and her mother also separated, as they are living apart by 1756.

Did AH not know that his mother had not obtained a divorce prior to cohabitation with James? Is he lying to make his birth appear better? Is there a document that we are missing from the mess of Danish records in the West Indies that might attest to Rachel attempting a divorce, regardless of cost? All seem plausible.

However, Rachel Faucette is listed in all legal documents (taxes, census) either under that name or her married name. She appears as "Rachel Hamilton" in only one document - a baptismal record of October 1, 1758 at St. Eustatius, where she and James served as godparents and are noted as "James Hamilton and Rachel Hamilton his wife."

In February 1759, John Lavien petitioned to be granted a divorce from Rachel. (Based on other records, it looks like he had also been living with another woman for some time and had fathered a daughter with her; he would marry the woman.) This is where all the allegations of Rachel's misconduct come from. According to the summons, addressed to "You, Rachael Lavien", Rachel had at a prior date refused to live with him any longer as husband and wife, and so John took advantage of a Danish law to have her imprisoned, hoping that "everything would change for the better and that she, as a wedded wife, [would] change her unholy way of life and as is meet and proper live with him.” Surprise, she instead fled with her mother.

The divorce summons continues: "Instead, now for nine years [Rachel] has been absent from him and gone to another place, where she is said to have begotten several illegitimate children, so that this is thought to be more than enough to obtain a divorce.” Lavien "who has in this manner been insulted" took care of Peter "from what little he was able to earn, whereas she has shown herself to be shameless, rude and ungodly...and instead given herself up to whoring with everyone." Her deeds were "so well known that her own family and friends must hate her for it." If Lavien died before her, she could claim her share of property, and "therefore not only acquire what she ought not to have, but also take this away from [Peter] and give it to her whorechildren what to such a legitimate child alone is due." If found in St. Croix, she is to surrender herself to be further punished. The summons for her to appear was proclaimed at the jail and the plantation of the town captain, supposedly her last known residences in St. Croix, along with “for all the here mentioned persons.” The names of corroborating witnesses to Rachel's adultery were presented, but the witnesses were never examined in court proceedings.

The divorce granted in June 1759 noted her failure to appear. "Not only has the plaintiff legally proved that Rachael Lawin has been absent from him and lived on an English island for seven or eight years, but also that she during that time has begotten two illegitimate children. ..Rachael Lewin shall have no rights whatsoever as wife to either John Michael Lewin’s person or means which now owns or will come to own. Also, Rachael Lewin’s illegitimate children are forfeited all rights or pretentions to the plaintiff’s possessions and means.” She was refused her the right to re-marry. **

Considering the ages of James Jr and Alexander, these would be the only two children Rachel and James had at the time. Alexander notes "several children," and if Rachel and James had other children, they must have died in infancy or early childhood.

In spring 1765, the Hamiltons traveled from St. Kitts to St. Croix, James Hamilton having been sent by his employer to collect a debt. The judgment is handed down in January 1766; James can still be placed in St. Croix on June 19, 1766. At some point, he leaves. James Hamilton appears on no property ownership or tax registers in St. Croix, while Rachel appears as Rachael Faucette, Rachael Fatzieth (1765-67) and then as Rachel Lewine and Rachael Lewin, along with her children. After leaving, James returned to Nevis for a while, is in Bequia, Grenadines, in 1774, eventually making his way to St. Vincent, where AH states that he lived in indigence. (There's no certainty that the "James Hamilton" injured in the 1771 slave uprising in Tobago is our James Hamilton). According to his 1793 letter to AH, James had resolved his debts and was ready to move to Philadelphia to live with his son - war, and then concerns about ill-health in a different climate, made him decide against it.

Rachel supported her family by running a small store selling plantation supplies; she sold food including pork, beef, salted fish, rice, flour, and apples, bought wholesale from her landlord, Thomas Dipnall, and from the import-export firm of David Beekman and Nicholas Cruger. Alexander may have begun working for them in some capacity as early as 1766. Rachel dies in February 1768.

And that concludes (besides the probate record, burial record and a few additional items about property) everything we can firmly state about Rachel Faucette’s adult life. The only place where she is alleged to have a reputation for ‘whoring’ is in the divorce summons and decree against her, which she never responds to. There’s never corroboration of who she committed adultery with (besides, obviously, James Hamilton). It has been confirmed by Newton (in 2018) that in 1749 Rachel Faucette Lavien was accused and found guilty of an affair with Johan Jacob Cronenberg, with whom she was living. Though there is still no evidence of anything sleazy with her landlord, or Beekman, or Cruger, or Thomas Stevens (who lived in St. Croix and Antigua while she lived in St. Kitts and Nevis), or (haha!) George Washington.

If we had any letters from AH to Ann Mitchell, we might have more of AH's thoughts on his mother. But that correspondence, including his final letter to her in 1804, has been lost. See the one surviving letter from her to him, with some additional bio details. We don’t know how frequently AH spoke of his mother - JCH provides the only account (I do not trust Allan McLane Hamilton).

Flexner, Brooke, Rogow, and Chernow all allege that AH buried deep hostility towards his mother, and found her actions embarrassing and pitiable. (Cue numerous paragraphs about how Rachel and Maria Reynolds are the same person in AH's psyche.)

Both Flexner and Chernow see this hostility in his failure to name either of his daughters "Rachel." But AH and EH seemed to be following a pattern in their naming, and happened to have several more sons (6) than daughters (2).

Rogow offers yet another piece of evidence of AH’s supposed hostility: In a bill before New York’s Council of Revision in spring 1787, AH voted to disregard the Council’s objection that a person guilty of adultery in divorce be allowed to marry again. I think it says more about AH’s ideas of marriage and social order.

____________________________________________________

We have more letters where AH discusses his father; that of course is part of the nature of the correspondence - his father was still living for most of AH’s life, and his father's relatives contact him.

“I wrote you, my dear, in one of my letters that I had written to our father, but had not heard of him since, that the operations in the islands hitherto cannot affect him, that I had pressed him to come to America after the peace. A gentleman going to the island where he is, will in a few days afford me a safe opportunity to write again. I shall again present him with his black-eyed daughter, and tell him how much her attention deserves his affection and will make the blessing of his gray hairs.” AH to ES, 1780

“But what has become of our dear father? It is an age since I have heard from him or of him, though I have written him several letters. Perhaps, alas! he is no more, and I shall not have the pleasing opportunity of contributing to render the close of his life more happy than the progress of it. My heart bleeds at the recollection of his misfortunes and embarrassments. Sometimes I flatter myself his brothers have extended their support to him, and that he now enjoys tranquillity and ease. At other times I fear he is suffering in indigence. I entreat you, if you can, to relieve me from my doubts, and let me know how or where he is, if alive, if dead, how and where he died. Should he be alive inform him of my inquiries, beg him to write to me, and tell him how ready I shall be to devote myself and all I have to his accommodation and happiness.” AH to James Hamilton, Jr 22Jun1785

“[my] father, who, from a series of misfortunes, was reduced to great distress. You will perceive from this, that I must be anxious for the safe conveyance of this letter.” AH to William Seton 17Aug 1792.

“I hesitated whether I would not also secure a preference to the drafts of my father—but these as far as I am concerned being a merely voluntary engagement, I doubted the justice of the measure and I have done nothing. I regret it lest they should return upon him and increase his distress. Though as I am informed a man of respectable connections in Scotland he became bankrupt as a Merchant at an early day in the West Indies and is now in indigence. I have pressed him to come to me but his great age & infirmity have deterred him from the change of climate.“ AH to Robert Troup 25July1795 (part of AH’s 1795 will)

“You no doubt have understood that my fathers affairs at a very early day went to wreck; so as to have rendered his situation during the greatest part of his life far from eligible. This state of things occasionned a separation between him and me, when I was very young, and threw me upon the bounty of my mothers relations, some of whom were then wealthy, though by vicissitudes to which human affairs are so liable, they have been since much reduced and broken up.

..It is now several months since I have heared from my father who continued at the Island of St Vincents. My anxiety at this silence would be greater than it is, were it not for the considerable interruption and precariousness of intercourse, which is produced by the War. I have strongly pressed the old Gentleman to come to reside with me, which would afford him every enjoyment of which his advanced age is capable. But he has declined it on the ground that the advice of his Physicians leads him to fear that the change of Climate would be fatal to him. The next thing for me is, in proportion to my means to endeavour to increase his comforts where he is.” AH to William Hamilton, 2May1797

“Himself being a younger son of a numerous family was bred to trade. In capacity of merchant he went to St Kitts, where from too generous and too easy a temper he failed in business, and at length fell into indigent circumstances. For some time he was supported by his friends in Scotland, and for several years before his death by me. It was his fault to have had too much pride and too large a portion of indolence but his character was otherwise without reproach and his manners those of a Gentleman.” AH to McHenry, 27Aug1800

Why did Rachel and James separate? The following are speculations proposed by biographers and historians:

Rachel Faucette, upon arriving in St. Croix, received support from her relatives (the Lyttons) and decided to end her relationship with lazy James. [See AH to ES Aug1780: “Do you soberly relish the pleasure of being a poor mans wife?...If you cannot my Dear we are playing a comedy of all in the wrong, and you should correct the mistake before we begin to act the tragedy of the unhappy couple.”]

Rachel, after spending some time in St. Croix, realized she could support herself and sons better than James, and the proximity to her relatives led her to stay.

Because of the divorce restrictions, Rachel and James could not live together in St. Croix (we have no evidence of this). After a time spent apart, the relationship naturally ended.

James thought he could legitimize his union with Rachel and their children at some point, and after arrival in St. Croix, discovered the legal impossibility of this. James, being a proud gentleman, then ended the relationship.

James and Rachel had a marriage ceremony, or at least a common-law marriage, that James thought was legal. Upon moving to St. Croix, he realized Rachel lied to him about her divorce and left her.

James and Rachel were "disparate" tempers who had an unhappy relationship, and took the first opportunity (Rachel being settled in St. Croix) to split up. [Flexner uses AH's letter to MS in 1781 as evidence for this.]

James figured out Rachel's "whorechildren" weren’t his and left her.

I speculate that some combination of 1-4 were the reasons that James and Rachel ended their relationship. But the question remains: why did he seemingly abandon his kids? Well, in one sense, we don't know that he did. He doesn’t appear on the St. Croix registers , but we know he's there from May 1765 to at least June 1766. AH is very vague on this point, "[my father's affairs going to wreck] occasionned a separation between him and me, when I was very young...”

There's no indication that James thought Alexander was not his son. He greets him as "Dear Alexander" and closes his one surviving letter with "your very affectionate Father," a similar closing to what Alexander uses in a letter to his own sons.

Likewise, there's no evidence that Alexander thought James was not his father. He writes of James as "our father" to ES to present her as James' "black-eyed daughter", as he writes of Catharine Schuyler as "Mama." He is enthusiastic about contact with his Scottish Hamilton relatives, and even has Robert W. Hamilton, a cousin, stay with him.

Really, there's no evidence that James ISN'T his father. Timothy Pickering, who upon seeing AH and Edward Stevens, was amazed by how much they looked alike and suggested they were brothers. James Yard, Stevens' brother-in-law, told Pickering that “the remark has been made a thousand times.” But Yard also told Pickering that he believed AH was the natural (read: illegitimate) son of a Scotch gentleman of the name of Hamilton.

The "immaculate daddy" satire in the 1787 New York-Journal that Chernow states refers to George Washington is much more likely a reference to Philip Schuyler. The article, about the NY gubernatorial race, has AH asking the people of New York to replace Governor George Clinton with “me or my immaculate daddy...” - his father-in-law, Schuyler.

Biographers assert that James never saw either if his sons again after 1766 and had minimal contact with them, but we really have no evidence one way or the other on that. We know James left at some point, but then the trail goes cold. It seems possible that he did try to retain contact with them both; but he also likely knew their future prospects were better where they were (Alexander as a clerk for a NY-St. Croix shipping firm, which promised a future as a merchant; James as an apprentice to a carpenter) learning trades than following him around on unsuccessful business schemes. One piece of evidence that points to at least an attempt at continued correspondence is that AH's "Hurricane" essay printed in The Royal Danish Gazette was from a letter addressed to his father.

AH was either enormously forgiving of his father (others noted his forgiving nature once fault was admitted), had a greater understanding of his father’s situation and sympathy towards it, or repressed his sense of betrayal and abandonment from James. The only hint of animosity he can be said to show is in refusing to not permit creditors to go after his father (having loaned his father money) in the event of his death (1795 will). Chernow uses this to speculate that AH had mixed feelings about James - or suspected James wasn’t his father - but I don’t really see indication of that. This is also the crazy will where AH asserts that John B. Church will pay off all of his debts. AH wants James to come live with him, he wants to make sure James lives in comfort in his old age, he sends James money fairly regularly. His references to his father are always affectionate and sympathetic. And someone somewhere instilled in AH an emphasis on behaving like a gentleman - his parents should at least be looked to as a likely source.

AH may have also had some sympathy with his father’s financial difficulties. He admits that "an indifference to property enters into my character too much" [to ES, Aug1780], so perhaps this was a family trait, although AH acknowledges that his father was lazy and not a good businessman. There’s also a subtle hint, from Allan McLane Hamilton, that he was not the brightest of gentlemen - AH got his “genius” from his mother - though he probably would have said something like James didn’t have the talents and industry for success.

For a pretty fantastic article about AH and his family in the West Indies, see here. The footnotes are great!

*No one recorded the name and identity of AH’s mother until Gertrude Atherton and H.U. Ramsing go to the West Indies and begin examining records in the early 20th century. Atherton discovered that her name was “Rachel Fawcett.” Warning, warning, that does not mean no one KNEW her name, just that they didn’t record it.

**I’m depending on several different biographies for the text of the 1759 divorce summons and grant. The original is in Danish.

MIsc:

Rachel’s parents (John Faucette and Mary Uppington) had “diverse disputes and controversies” and legally separated in 1740 and lived separately for the remainder of their lives (well, John only lives another 5 years). Broken homes all over the place!

James Hamilton was likely born in 1718. Going with a 1757 birth year for AH, that makes James 39 in the year AH is born, around 50 when he leaves the family, and 62 when AH writes to ES about him in 1780. He's 75 when he's trying to attempt travel to Philadelphia to live with AH. James lives to a fairly impressive age of 81 (1799). My point: he’s not a spring chicken, and I wonder what part infirmity played in the course of his life.

Chernow and Newton both provide good overviews of what we know about the family backgrounds of Rachel Faucette and James Hamilton. If you’d like me to share that, just ask.

#Alexander Hamilton #Rachel Faucette #James Hamilton

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brothalynchhung · 5 years

Text

2019 overview.

this year.. was fucking two years in one. also a little late again but whatever. this is going to be long as FUCK.

started 2019 in dubai

spent the first couple of days in Dubai on the beach

YOOO AS AM WRITING THAT IT FEELS SO FUCKING LONG AGO HOLLYY SHITT

went to London and just fucked around dt and chinatown lost that damn snake ring fml

I got drunk eating dumplings watching Jeffrey star in that bed LMFAOOOYOO LMFAOOOOOEGJEORIGHSREUG

got back to Ottawa and it was straight GRIND from the get go

back to my last semester of uni

back to club m (omg.. I miss:( kinda lol)

started that govt job

back to social media marketing for Dubai

3 jobs + school basically

did that dumbass STUPID FUCKING govt job all the way in quebec that I woke up for and travelled for everyday

would go straight to gym, work again, or school fml

wasn't entirely bad I kinda needed it cuz I applied to a million jobs during that time and did school work LMAO also printed a lot of important shit and got paid so whatever

CAME TO TORONTO IN MARCH W TRAND OMG I FORGOT THAT WAS 2019

SAW VINCE STAPLES!!

AND The fortune teller who like prophisized all this shit goddddd

iconic if I must say

little did I know...

I miss movati fml lol

working at club Monaco omg ugh they gave me life honestly

fun times w trang cc precious Courtney mich JACK Amanda Raman donia even tho she annoying lol and whoever else I worked w jana jil Daria honestly I just miss Courtney LMFAO uhh jenn was cool too

I'm never going to forget that place I swear to god I have so much loyalty and pride for my memories for that place im never going to take my experience there for

chilling with avid Vinny and like Alex a bit LMAO he would randomly ask to chill it was weird

that Chinese dinner and chat time thing in his car WHAT WAS THATTT

chilling like a scrub a cu with hector and that crew goddLMAO

avin vin rideau gang

visiting avid at nordstorm the Rui girl and Herman lol he was sofunny

MY BODY IS FOR ME NOT THESE BITCHES LMFAOO

last class with strangle omg he was iconic honestly

trang pargol fidede zainab mannnn honestly shoutout old Ottawa friends

xinyii!! and jelly!! my last times with them

I miss Xinyi so much :( im so happy I got to see her before leaving she was so nice I wish her so much success

remember working those last shifts at cm like.. yo I feel like things are going to change and my days are numbered.. I feel it.

did interview after interview, applying EVERYDAY to escape

the amount of focusing I did on applying around feb and April like I was just focused on working and getting out of there

did two interviews in like 2 hours always on the go always moving always working

and then like clockwork.. at the govt job.. went to the bathroom knew? to bring my phone with me.. and then right when I left I got a call from mk went into that empty conference room and got the offer. cried. accepted. life changing

I honestly just left that place... went to cm and just.. resigned... put my two weeks in...

and it happened literally in my last week of the govt job..

like fate

immediately went home told cc precious fam

fam weren't happy

BUT I FINALLY ESCAPED!!!! LOOKING BACK ON THIS BLOG AND EVERYTHING I FINALLY F I N A L L Y GOT OUT OF THERE THE BITCH ASS CURSED SHIT CITY NEVER GOING BACKEGIUEHGEIRUGH

shout out precious for helping me honestly he helped so much

found my place through hmida who held it down

that whole condo scenario LOL godddd my landlord a HOE

met zgy gvy at precious while I crashed a night

THE MILLIONS OF RIDESHARESSS GOODDDDDD

remember the one I took last minute from Yorkdale LMAO that one wasn't bad honestly I slept good

moving my things packaging them up. like yo.. lol

bringing the boxes from shoppers godddd LOL

finally landed in Toronto with my place

waiting outside for 5 hours for my damn keys crazy with my suitcase lol...

THEN FINALLY GOT TO MY FIRST PLACE!! MY FIRST RENTAL CONDO ALL ON MY OWN NO ROOMATES JUST ME

unpacking my things

like just finally having my own place mannn that was my dream for such a long ass time

getting around dt a bit getting used to tdot...

crazy exciting

then... 3 days in..

...

met that bitch that fucked me up

met everything I ever wanted in a person? physically and interest wise and yet?

nothing?

SO CONFUSED I MET SOMEONE WITH EVERYTHING I THOUGHT I WANTED

first hookup? lost v?

new city new job new life new home lost v new everything

in 3 days.

my life crazy..

spent the whole time like until October till low-key NOW just thinking about it bitterly

my feelings up and down I was drowning in obsession and confusion

I know I fucked it up but it was fucked up since the beginning

shook everything about what I thought I wanted in gl or a person

standards are definitely raised and all men trash and hoes Idgaf

I feel nothing towards nobody

my whole mind switched to money and power.

gl I love you but you're not here and we got a lot growing to do so imma see ya ass in a couple of years

anyways started working at mk!!! craziest 3 month probation thing I had

HOWWW DID I DOOOO ITTTTTTT

met so much people... holy shit.. zgy,gvy,hailey,gab,aisha,priya,rach,lisa,alex,DANIA, goddddd

clubbing.. mon., thurs... weekenddd... wake up... 8:30 work

how did I do it.... fuck lol

met a lot of hoes.. fucked with Sunday once more before he died bye bitch ass hoe.. Leo, sleeve, uhhh that's it I think actually

CABANNNAAAA

OMG I SAW SEAN PAUL LIVE ICONICC YOO THIS FUCKING YEAR LMFAOOOOO

omg YEAH I SAW NCT IN MY FIRST WEEK OF TO WITH PARGOL LMFAOOO YOOOOO

damn this year was crazy I keep forgetting shit

all the weird ass ppl I met at cabana omg the humber guy YOO THE ASIAN GUY WITH MY KEYS LMFAOOO ZGY FUCKLMFGIESH

omg tsf lmao and like yeah all the clubbing ppl in to fuck

half and half like didnnt know if I liked it or not but it was crazy

still think about that Frans night the damn milkshake and food omggg

just spent summer exploring to trinity Bellwoods ossington like summer stories clubbing stories

managing my double life lol

SPIDERMAN OBSESSION LMAOOOO TO DISTRACT MY MIND FROM THAT BITCH ASS HOE LMFAOOFREJGIEURHSTESUIH THEN I FOUND OUT HE HAS A WHOLE WIFE AND BABY YOOO LMFAOOO

good distraction made work fun when I needed it during my last months of probation LMAO

omg going home during lunch and then back to work ICONIC

leaving the girls at my place and coming back for lunch LMAOOO god really iconic honestly showering and going back to work sleeping hoeing all that LMFAO

omg the time I left Leo at my place YOO LMAO

still have that expensive ass sweater LMFAO WAT A SIMP

those drunk texts he sent Me in august and I punked him off LMFAOO 😩😂

men trash

darren Chris rob goddd all those damn ppl I met the one guy who saved me during that blacTHE BLACKOUT CABANNA NIGHT GOD THAT WAS A MESS LMAO TITTIES OUT EVERYTHING but yeah he was low key useless I forget his name highboy but whatever

YOOO THAT GIRLS TITTIES I SLEPT ON NGEIRGHEUHUE ICONIC

I got catfishes twice 😩 the change bitch and the John bitch airehguerihserh FUCKKK LMFAO

AND THEN THE CHANG BITCH WAS TRYNA SAY OH U JSUT LOOK TO ARAB THATS WHY WE HAVNET TALKED AGAINL IKE BITCHHHHH FIRST OF ALL UR A WHOLE CATFISHFHERGUERBKSHETERU AHERUIGESRUYR LMFAOOOOOOOOOOOOOOO

and then I catfish Sunday to punk him off for revenge and call him a thot and thought he was talking about me for catfish when it was just about another bitch he was hoeing with cuz he a hoe.. Jesus my life wild

SO MUCH SHIT THIS SUMMER UHERGHSREG

gained weight fml I don't even wanna mention it iDONT WANNA TALK

even if it is muscle I dDONT WANNT TALK ABOUT IT

the cabana pool jump... godd... walking home drunkregiuhersguhe fucK

summer was crazy

nada and mama coming wow that was annoying I rlly can't do family even though I love them

getting high swimming the catfish racing munchies arguing with Alex LMAO

eating out with Dania gab Lisa the normal ppl I met lool

a lot of stress of money and where I want to go I was in a hella rush idk why I think everything happening so fast made me not want to slow down at all but im finally slowing down

priya end of the year rebel tiff stuff

basically drowning in depress and regret around the end of summer cuz everything calmed down and I had the time to think and reflect about everything and yeah.. got super depressed

that bitch cc and her bullshit yo just fucking go bye

notice how there's like no memories with her like yeah there was but they were just annoying cuz she was annoying highkey

thanks for bringing my shit from Ottawa tho dumbass LOL eat a dick

THE HOT TUBBBB SUMMERSSS AND SUMMER NIGHTS

omg all my emo ass walks at night to the port and water and trillium park in the morning aiohreughresehre writing with my journal god that was actually nice tho

super peaceful so happy to live near the water highkey

always in between losing myself who am I what do I do now who am I like did I lost myself did I ever have myself

major existential crisis

how did I survive work god

musicmusiscmusicccc

moviesmovesmoves

readreadread

actually I had a lot of night walking home from the club sad

omg remember the ovo guy fucking loser liar

as usualllll

RECORDRESCORSDCRECORDDSSS SO MANY TDOT IS PERFECTT

ugh what else fuck too much shit happened OH YEAH

my birthday with the girls and the bbq!! the cake!! omg so nice :((( so funny lol

that weirdo ass man that I still see in the gym sometimes god help me lol

passing my probation!!!! and then like finally fitting in and feeling apart of mk and the “family” lol

CLARK KENT AND SCOTTISH MANS MAKING MY LIFE EVRYDAYYYYYugh love them

got a moomin from Scottish mans 🥺 love him

anyways got depressed drowning in obsession.. nothing surprising there 🙄

got high and drunk like bottom of the barrel...

right before pargol came LMAO

oh yeah I went to Ottawa because yo I was going out of my mind about losing myself.. needed to go BACK to the place I hated to find myself

went back and it was like??? everything was the same.. still saw vin and avid and Herman at Rideau still had bbt with them

still fucking around hector and that whole crew had Ivan his girl moe.. ribal..Kyle YO lol that weird ass club experience AS USUAL Ottawa clubs trash god

apple picking same year in a row wit z <3 and hamza and fams lol

saw the kids and got to be stupid again loool

anyways came back to my actual life

like it just felt weird knowing that the place I had all my memories and experiences in like.. felt nothing

even the forest felt weird like I didn't need to be there anymore?

as much as tried to drown myself in obsession and my past and bad habits.. I couldn't?

im being forced to move forward and learned Sunday was the last experience it was just eye opening

after the emotional shit I sat down again and had a whole purging

I never felt that bad and horrible and drowned in obsession since raglan..

like.. deleted the hidden pictures... the feeling.. like I've done this before...

that was the final straw..

you think its over just because I am dead but its not over..the games just begun.

never again.

anyways I met Aisha!!! love her vibe with her heavy

introduceed me to the sugar shit YOOOO LMFAOOO

THEN WE STARTING PIMPIN AND MAKING EXTRA MONEY

NO MORE MONEY STRUGGLE

GOT FUCKED OVER HEART TURNED COLD NOW WE FOCUSING ON MONEY CAREER POWER PLAYING THESE HOES FOR THEY MONEY AND RECLAIMING MYSELF

weird ass fucking people but get the money and go

stack up crazy and saving up this past few months

and just chilling w friends and therapy sessions

scheming and planning for the future

therapy sessions

got close with Lisa

oh yeah BOLO!! UGH BEST GYM

ALSO OMG I FORGOT I SAW BROCKHAMPTON AGAIN!!! AND SOMEHOW GOT TO THE BARRIER AND LITERALLY HAD SO MUCH INTERACTION WITH KEVIN LIKE SINGING TOGETHER AND THEN HE CAME DOWN SAID I GOTCHU AND TOOK TWO PICS WITH ME FUCKGIERGEIUTHSEUH THAT WAS INSANEEE MY LIFE WILDDDD

iconic holiday party and New Years with again like random weird ppl and my girls exemplifying how wild and fresh the whole experience of this year was

at least I be waking up warm and clean in MY PLACEby myself with no bullshit

just like.. got a new place new job new city basically live the life I always wanted? reading movies? new friends no problems? wtf how my life change so quick

new interesting experiences

getting drunk high dancing at my place out in these streets just meeting bare people all these new people and experiences holy shit...

and like yeah im not where I want to be but this progress and process is FUN now

everything a strategy and a move and love staying busy

wish I had more free time tho I never feel rested my life fucking crazy LOOL

that weirdo bitch who thought he was dating me UGHHH BOTTOM OF THE BARRELL JUST FOR A CAR AND FOOD BITCHARE U CRAZY

power trip crazy im so sorry jfc

anyways block and move on

met Chris and we still talking for like 3 months in a row god... lol gunna see him Saturday idk was the HALE going on

im like surrounded by hoes???? and I don't want it GOD I JUST BEEN FOCUSING ON ME AND MONEYFUCK EVERYONE ELSE

idek what else maybe im missing shit but this whole year wild best year of MY LIFE though

idk what the fuck gunna happen in 2020 cuz my split lives and the chaos and playing hoes and always thinking about opportunity and abundance and money got my mind and moves all wrapped in strategy but we only ONNLY ONLYYY GOING UP from here no excuses lets fucking go I always say this but 2019 was fucking wild and you know what.. lets fucking go 2020 LETS FUCKING GO as long as I don't gain weight LMFAO lets fucking GO. money and power on my mind exclusively. gl imma see you in 2 years. focusing on bigger things but at least im OUT HERE and ESCAPED and we onLY ATTRACTING AND MANIFESTING ABUNDANCE

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ourmrmel · 6 years

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Mel Feller MPA, MHR, Discusses Trusts to Own Real Estate Anywhere in the Country

Mel is the President/Founder of Mel Feller Seminars with Coaching for Success 360, Inc. and Mel Feller Coaching. Mel Feller Ministries. Mel Feller is an Innovator, Business Leader, and Investor. Mel Feller is currently working closely with his son-in-law and partner on an incubator for young entrepreneurs. Mel Feller currently maintains an office in Texas. Currently an MBA Candidate.

T rusts have been used as an entity to hold assets, such as real estate for hundreds, if not thousands, of years. Obviously, it is old stuff. However, with each generation’s trials and tribulations, trusts evolve to meet new challenges. High Taxes and aggressive litigation are today’s motivators. Tax risks range from income tax to draconian death taxes that consume up to 55% of the assets a person leaves behind. Trusts are often used along with more modern adaptations of other old entities, such as partnership aberrations, to include family limited partnerships and limited liability companies. The quest is to keep what you have accumulated and to have some extended control of it, even after death.

Using Trusts

A perfect example of using ingenuity to keep one’s assets away from the grips of the tax man was a trust established by Maria Cristofori in 1984. Maria established a trust and transferred to it real estate with a value of $70,000. The primary beneficiaries were her two children and, as contingent beneficiaries, five grandchildren should the two primary beneficiaries die within 120 days of Maria. All was fine until Maria died and the IRS audited her estate tax return.

Naturally, the IRS wanted more money. They claimed that Maria failed to file a gift tax return and owed back gift taxes. The IRS argued that Maria was entitled to give $10,000 per year to the two primary beneficiaries, but that taxes were owed on the $50,000 not excluded. The estate disagreed, claiming that the five contingent beneficiaries did have an interest in the trust. The trust had a Crummy power and, in accordance with that power, the trustee had given written notice to all 7 beneficiaries of their right to withdraw. Thus, the full $70,000 was excludable.

This means that multiple-beneficiary trusts now can be used to expand the fit-tax exclusion. It took someone with a tolerance for risk to mix old law, and an old trust entity with a new way of looking at the old to save Maria’s family substantial wealth.

Over the years, trusts have been used extensively in the attempt to control how much the government inherits. Some of the more familiar trust names include Bypass Trust; Marital Deduction Trust; Generation Skipping Trust; Grantor Retained Income Trust; Insurance Trust etc. The common thread for all of these trusts is to legally avoid paying the majority of the deceased’s wealth to the government. Failure to act is to assure that the estate will pay the highest possible tax.

A NEED FOR PRIVACY: Trusts

Real Estate Investors often use trusts as business devices. It is hard persons never being in business to understand, but business can be war. There is an ever-growing number of enemy soldiers attempting to invade and plunder the investor’s castle of wealth. Sometimes this is accomplished by out and out illegal means, such as thieves that rob and destroy property or those who embezzle by not paying rent. The cruelest enemy is he who uses the law to plunder. Today, lawsuits are treated as a lottery.

Enemy troops look for excuses to sue; it is nearly a guaranteed profit. If a person can find some excuse to sue, even if very flimsy, the defendant will usually settle for at least a few thousand dollars because it is cheaper to settle than to incur the cost of legal defense. It has become so bad that in some cities, such as Buffalo, NY, unscrupulous people publish lists of landlords and divulge such things as the number of properties, the number of units and the total value of real estate owned. Why? Because contingency fee lawyers will not spend the time and money to go after someone with minimum assets. They look for the ‘fatted lamb’.

LAND TRUSTS

A result of this attack is a defense system. Some investors use trusts as a key part of their defense. The most common trust used in real estate investing is referred to as an Illinois style land trust. The primary purpose is to remove the legal title from the investor’s name. The title is held in the name of a trustee and the investor is both the grantor and the beneficiary to the trust. The trust does not offer the same kinds of protection a corporation or limited liability company can, but it has a place in the castle’s defense and is the most economical of all entities to set up and maintain.

Legal advisors often recommend trusts be used in conjunction with other business entities assuming the amount of wealth involved is sufficient to justify the cost of the business entity. Trusts, on the other hand, are usually very economical. An attorney prepares the original trust and it can be duplicated for additional use. The fee to have a knowledgeable attorney prepare a land trust can range from $300 to $1,000. Some of us do our own trusts, but a great deal of knowledge must be obtained before you consider doing this. There are no additional expenses, such as franchise fees or income tax returns. A land trust is reported on the beneficiary’s tax return as if the beneficiary personally owned the property.

OTHER TRUSTS

There are numerous possibilities for the name given to a trust. Such names are often chosen to reflect the primary function of the trust: Education Trust; Wealth Replacement Trust; Charitable Remainder Trust; Spendthrift Dynasty Trust, etc.

Since names are assigned to trusts, the public can get the wrong impression. It is often assumed that a named trust is like any other consumer good, such as the name ‘car’ or ‘truck’. A person wants to buy, say, a car but not a truck. They want a Spendthrift, but not an Education Trust. Actually all trusts are just trusts. The primary thing that differentiates them are clauses written into the trusts. For example, a single clause will turn an education trust into a spendthrift education trust.

The point is not to let names become confusing. The fundamentals of trusts are simple to comprehend. First, all trusts are either inter vivos or Testamentary. Inter vivos trusts are set up while the grantor is alive and are often referred to as a ‘living trust’. The testamentary trust, on the other hand, is set up after the person’s death by authority written in the deceased’s will. All trusts will be either an inter vivos or a testamentary trust.

REVOCABLE & IRREVOCABLE TRUSTS

Inter vivos trusts are either revocable or irrevocable. Revocable means the grantor can either revoke the trust or else maintain some significant power to maintain control of the trustee or use of the trust assets. Irrevocable means the grantor totally gives up rights and powers and walks away entrusting to the trustee all of the assets in the trust, referred to as the ‘corpus’.

The government treats most inter vivos revocable trusts as grantor trusts. As previously mentioned, grantor trusts are reported on the grantor’s tax return. Irrevocable trusts have tax returns that are more complex. in a nut shell, they are either a simple trust or a complex trust for tax reporting purposes. Professionals best prepare these returns.

Most investors will be dealing with inter vivos or living trusts. Trusts used to hold operational real estate would generally be revocable, grantor trusts. These trusts are more for operational purposes that estate tax planning purposes. In general, irrevocable trusts will be used to deal with estate tax planning.

Depending on the client’s objective, the attorney will draft a base trust to emphasize certain objectives, such as children’s education , or a land trust. Examples would be an education trust that is an irrevocable inter vivos trust and the land trust that is a revocable inter vivos trust.

COMMON CHARACTERISTICS of LIVING TRUSTS

Some common characteristics of the living trust are:

Assignment - In certain cases, trusts can be assigned to third parties without changing the public records. Thought we do not recommend it, some real estate investors have used this feature in dealing with due on sale clauses of mortgage contracts.

Assurance - The trust may provide greater assurance that the grantor’s wishes will be met. Disgruntled heirs and “want to be” heirs more easily contest wills.

Avoids Guardianship of the Assets - Using a Trust the grantor/beneficiary has greater assurance that his assets will be managed in a manner prescribed by him and will be spent as he instructs in the trust document. If a trust does not exist and a guardian is appointed by the courts, then the courts and guardian make these decisions with no input from the incapacitated party. A guardianship is more expensive to administer than a trust since the Court usually requires a periodic accounting by the guardian.

Incapacitation of Trustee - If the owner of the property becomes incapacitated, managing assets can become a problem. A trust allows an alternate trustee to step into the shoes of an incapacitated trustee without affecting management of the property.

Limited Liability - There is no significant liability protection. At best, the trust provides greater privacy as to who is the beneficiary. In most states, living trusts are treated as the alter ego of the grantor. As such, liability may be attributed to the grantor.

Privacy At Death - Ownership transferred upon the death of the grantor/beneficiary of a trust is private when contingent beneficiaries are listed. Unlike a will, which is probated, a trust document does not become public record. Land trusts typically do not have contingent beneficiaries and, therefore, any property held in the trust would simply be included in the deceased’s probated estate.

Privacy While Living - Some real estate investors wisely seek privacy regarding the ownership of their real estate. They do not want their name as the owner of the public property records, which would allow anyone to know how much wealth they owned in real estate and where that real estate is located. It can also cause a serious operational problem. For example, a judgment against the investor even for a small amount would give the judgment holder immense leverage diminishing the investor’s opportunity to negotiate a lower settlement on the judgment. The judgment attaches to all of the investor’s real estate. This would prohibit the investor from selling any real estate without first paying the judgment in full.

Probate - Where a trust has contingent beneficiaries listed, costs associated with probate are avoided since the trust is not probated at death.

Taxes (Income) - There is no tax benefit. The tax information is reported on the grantor’s personal tax return.

Taxes (Estate) - The Irrevocable trust, Insurance trust, Bypass trust and Marital Deduction trust are the most common trusts used to save estate taxes. Note that an irrevocable trust is a book trust and can be used for many purposes, such as the trust names indicate, Charitable Remainder Trust and Spendthrift Dynasty Trust. The revocable land trust saves no estate taxes.

Mel Feller, MPA, MHR, is a well-known real estate, business consultant, personal development Consultant and speaker, specializing in performance, productivity, and profits. Mel is the President/Founder of Mel Feller Seminars with Coaching For Success 360, Inc. and Mel Feller Coaching, a real estate and business specific coaching company and Mel Feller Ministries. His three books for real estate professionals are systems on how to become an exceptional sales performer. His four books in Business and Government Grants are ways to leverage and increase your business Success in both time and money! His book on Personal Development “Lies that Will Sabotage Your Success”. Mel Feller is in Texas. Visit www.melfellersuccessstories.com and www.melfeller.com

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sputtanare-blog · 7 years

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Real estate contract Georgia answers & exapmles

Q: Are you able to reside in a rental property in the state of Georgia without running water?

Attorney Solution Brian Lehman

A: The owner is not permitted to rent it if the home is uninhabitable. Deficiency of running water makes it uninhabitable. Here is the Georgia Landlord-Tenant handbook: http://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

Q: Hello, I hope you are well. Just how can a buyer get from a signed contract? Diligence and Home inspection.

Tomorrow we are assumed to shut and I believe the buyers are having buyers remorse. We passed home inspection, and have a signed contract. There are repairs that should be completed (one left - adding a gutter) which will be don tomorrow. They now are asking for 1500 dollars in closing costs at the very last minute, can they move out of this contract? Lawyer Answer Robert Jason De Groot

A: Folks think that whatever question they may ask is a fundamental legal question, when, as here, they haven't supplied a copy of the contract, or enough facts to get a meaningful answer, plus they frequently ask the incorrect questions. Get an attorney immediately.

Q: I've a tenant breaking a lease 4 months to obtain a home. So what can the renter fiscally be held responsible for?

I don't have a 30 day notice in the lease. Could I hold him liable throughout the duration of his lease in the event the property cannot be leased by the time he moves out? Attorney Reply Paula J. Mcgill

A: You can sue for the balance of the lease when there isn't an early termination provision in the lease. When he turns in the keys he realizes that you will be taking the keys to ensure the house, not as approval of his early termination, just make sure.

Q: Our landlord will not return our complete security deposit due to "damages."

Damages were there prior to go-in. We weren't provided a move-in statement or a move -out statement. We were faced with a number of other issues at the house (which for a month might be deemed uninhabitable). How do we go about regaining the deposit? Lawyer Answer Paula J. Mcgill

A: In case the landlord refuses to return the deposit, you can sue in little claims court for the return, triple the wrongfully withheld deposit in the event the landlord is a sizable landlord (10 or more units) or a management company managed the rental property to get a charge. Moreover, you might sue for a reduced value of your lease for the time the home wasn't repaired or uninhabitable.

Q: My father in law will sign what forms do we want and the home deed over to us do we desire a lawyer for this

Lawyer Answer Rachel Lea Hunter

A: You need a real estate lawyer. There are no forms unless you might be considering using a quit claim deed form that you simply purchase on the web at an office supply shop or legal forms area. Do not be affordable and think you will save a few dollars because if something does not go then you will end up costing yourself way to get a mess cleared up. Go to a property lawyer and also have a proper title prepared. Titles aren't all that expensive. However, some issues appear. While its swell that the father-in-law would like to give property to you, there are gift tax consequences for him if the property is value. in over $13,500 There might even be a capital gains problem if the property is highly appreciated in value. Additionally, will he be needing Medicaid any moment in the next 5 years? If so, you will find consequences there also. I think your father-in-law must take a seat having estate planning attorney or a Medicaid and find out exactly what the most effective method is going to be for him to transfer the piece of land to you so as in order to avoid tax and other consequences.

Website

Q: In Georgia is a purchaser agreement automatic lengthy 7 days following the expiration date of closure?

Lawyer Solution Michael David Birchmore

A: You'd need to look to the terms of the contract to ascertain. If the contract is a typical "GAR" form (GA Association of Realtors), the last time I looked the contract could mechanically extend upon the request of either party. Days would need the agreement of parties to expand.

Q: Can a property with a thin be transferred from descendent's estate to surviving family member?

My husband's dad dies. The "will" leaves everything to his stepmother. She has now stated that he can have a secondary property that was his father's, but it's a k that was slender of $50. Does my husband have to get a brand new loan with all and closing prices and down payment, or will there be a means for her to transfer everything and the thin into his name? We're getting conflicting responses, and having problem locating this information that is specific online. Lawyer Reply Terrence H Thorgaard

A: In the event the probate court finds the will to be valid and also the property is distributed to the stepmother, she can convey it to your own husband subject to the lien. Whoever owns the lien might be able to foreclose the lien, by which case he would need to either loose the property or pay it away.

Q: can I sue my neighbor for lying down in center of road and also for throwing litter within my garbage can multiple times?

Lawyer Response Adam Studnicki

A: Throwing waste in your garbage can might be a crime and there may be civil remedies at the same time. I don't practice in Georgia, so please check with a local lawyer. Please Take Notice: Unless we enter into an engagement agreement in writing, I'm not your lawyer. That is general information that's given for legal education just. It really is not legal counsel, also it might not work for your specific scenario. It really is impossible to assess a legal issue without review and a comprehensive consultation of every one of the important facts and records. I strongly encourage you to talk to a local lawyer to get legal advice and help at your first convenience along with your specific situation. I am licensed to practice law in Arizona.

Q: We have been married and are eligibleFor home, what do we have to show for this?

It states we can terminate if we become entitled to home (military service members) Lawyer Solution Patrick Korody

A: It is a state law question - you must go see the base legal assistance office or the base home office. Typically, you will need a letter on official letter head that meets the demands of state law.

Q: I sold a rental property. When does the new owner take duties for the lease with all the tenant?

In October of 2012, a fresh tenant moved into the house and I place the house under contract. I closed on the house on November 1, 2012. The renter moved out in November of 2014. Now the renter is wanting to get me to refund the Deposit (plus another $1,800). I do possess accurate documentation of ever receiving the deposit and a deposit transfer had not been listed on the statement that is closure. At what point am I responsible for the lease? Best regards, Dennis Attorney Answer Robert Jason De Groot

A: When the newest owner would take over, normally, at close is.

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letscomply · 3 years

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What is Property Title Search?

What is a Property Title Search?

In real estate, there are risks associated with property rights in the property. In different words, a property title search is a search of all title records applicable to a selective property to determine if the current title is good. They involve written documents, such as deeds and mortgages, tax, probate records, and marriage and any other document that may influence the title of a property.

For example

Leah buys a house from Dave Leah asks Dave if there is any outstanding debt against his property. Dave assures her that the property is free and clear of any obligations. To check whether Dave’s statement is correct, Leah orders a title search.

Search Address ID

In real estate, the title represents a set of rights that belong to the landlord. Property rights may include the right to live, rent or sell a home. A legal title is a legal document that transfers property rights from one owner to another. These rights can be hampered by obligations caused by the current or former owner. These types of obligations are called burdens. Obligations include liens, taxes and unpaid mortgages on real property. They are included in legal documents filed in courts and registrar offices.

To go back to our example, suppose Leah is getting a mortgage loan to finance the purchase of the property you want to buy from Dave. Lea and the mortgage lender will get a property insurance policy. This policy will protect their property rights. This type of real estate transaction will generally require a full address search.

Although title deeds are public records and accessible to anyone, professional title seekers are skilled in identifying and organizing the specific information required for different types of real estate transactions. To perform a full or current owner address search, the searcher will usually identify the following public records:

• Case law – When filing a lawsuit, judgment or mortgage, the researcher will find court records of outstanding obligations or lawsuits that may become subject.

• Mortgages- Many people purchase real estate through financing provided by mortgage lenders. A mortgage is a voluntary lien against property ownership. Researchers look for mortgages that have not been fully paid (or satisfied).

• Marriage licenses and divorce decrees – names appearing on the title can be changed through marriage, divorce or court order. Marriage licenses and divorce decrees will provide evidence of name changes affecting marital property rights.

Death certificates and property deposits – If the landlord dies and the address is transferred through a property, the search will obtain proof of death or deposit of the property.

• Domestic Relations – In recent years, many states have enacted legislation that automatically places property and personal property of persons who owe overdue obligations to the child.

• Address Series – The address string is a historical account for each owner of a particular property. A chain is created each time a title deed is registered. For example, Dave bought a property and got an instrument from Mary. Mary bought the property and received a bond from me. Buy me the property and get a bond from George. Each instrument represents a link in the property chain. When the verb is incorrect or missing, it causes a break in the string.

• Cloud on Address – When a string of address is broken, it is called a cloud on the address. When there is a cloud on the title, it is dangerous to the current and future owners of the property because the title insurance companies will not want to defend the title against losses. When problems such as these arise, they are usually dealt with by a quiet address.

A quiet property procedure is a lawsuit that fixes a broken chain of ownership by a court decision.

Initial Report Report

Once the search for records is complete, they are grouped into a report. This report is referred to as a title report and includes the date and time the search was completed. The date and time are included because address records can be changed at any time. If a new property owner receives an instrument and records it in the public records, he immediately changes the status of the address. The title report is sometimes summarized in the title summary. Title Summary is a historical account of each recorded document that affects the title of the first owner. Although the title summary includes a certificate in the title case, lenders will in some cases require additional certificates such as a certificate of ownership or a certificate of closure. A certificate of ownership is a document verifying the name of the current landlord and its list of any claims against the title. The closing certificate is usually used in conjunction with investment property financing. The landlord signs a judgmental closure that verifies the financial obligations to be met at the time the real estate transaction is closed. Back to our example, let’s assume that public records show that Dave has two claims against his property – sentencing for $ 50,000 to Mega Max Mortgage Limited and $ 20,000 to Cureman Hospital. Lender Lea requires Dave to make sure they are actually creditors, and the amounts owed to them are correct by signing a closing certificate. Section — Summary Summary lessons

Searches are conducted for titles on the names and addresses of property owners to uncover documents in the public registry that may affect the rights of buyers and lenders in the address. Researchers conduct full, current or limited searches depending on the type of information required for different real estate transactions. After collecting the information, title researchers issue a preliminary report on the title. If there is a spot on the title, you may need to resolve it by a court of law. Prior to the completion of the real estate transaction, the lender may request additional certificates, such as a certificate of ownership or a certificate of closure.

Property Title Verification In India

The land is a matter that falls under the jurisdiction of state governments under India’s constitution. Next, property laws in India may vary from state to state. Apart from local laws, many laws enacted by the central government also govern the acquisition and ownership of property (including interest in the property) through purchase/sale, transportation, mortgage, inheritance, or donation. The transfer of non-agricultural property and the registration of bonds and documents are on the Common List. When a person acquires or owns the immovable property, the law also grants him the right to use, lease, sell, lease, transfer or donate land. The owner also has the right to mortgage his immovable property as collateral for loans.

Here we will deal with the investigation of the address required for various purposes including sale, leasing, sub-lease and mortgage. For the sake of brevity, the reference to sale is also intended to include rent, sub-lease, license and mortgage where applicable.

The title is a legal term; that means title to the property. The title of the property is the primary concern of all at the time of purchase of the property. Each property has an address. The title is evidence of title or right of ownership. The title may be created by parties or by law.

The ownership of immovable property is ascertained using the relevant “documents” and “bonds” relating to such property. The term “document” has a very broad import. Under the Common Law “Document” means any matter expressed or described on any material by letters, numbers or marks for the purpose of recording the matter. Documents relating to the property or commercial transactions are generally called Sukuk or bonds.

1. The title proves ownership. With the exception of valid legal disputes, the title deed of land is considered an official register of land ownership. Without the appropriate address, the legal system would not actually recognize the undeposited or informal contract.

2. All owners can hold their own duplicate addresses: Each owner of the land title can keep a legally valid copy of the address. The business record will provide a copy of each copy in the record-keeping system to verify the authenticity of each copy issued by the district. In the case of trust and ownership based on the company, the recognized official may keep a copy of the address on behalf of the institution or company.

(A copy of the title can facilitate land negotiations and conflict prevention.)

3. Prospective landowners often conduct property searches to uncover potential issues: During the title search, the investigator will look at land documents worth years to identify potential land ownership issues. An address search can prevent unsuspecting new owners from accepting responsibility for past issues. For example, a property owner cannot sell or transfer property rights to property that has unresolved tax problems. A pending privilege can render any ownership transaction invalid.

Address searches reveal information about real estate taxes, real estate agreements, CC & Rs (covenants, conditions and restrictions), issues of title documents, unresolved title claims, and more. If the former landlord gives his company or person the easements or use of the property, the search will also reveal these recorded covenants.

While buyers and lenders usually use searches for titles during the purchase/sale process, many other parties may benefit from the search for titles. Homeowners, businesses, and government officials may use address searches for risk management and investment protection.

4. Property insurance offsets risks associated with the transfer of ownership: To minimize the effects of undiscovered issues during the search for the title, many land buyers invest in property insurance as part of the closing costs of the transaction. The owner’s property insurance often provides coverage for losses up to the full price of the title in the event that the issue jeopardizes the claim for future ownership. The owner’s insurance policies will also cover the legal costs of dispute resolution, including compensation awarded to another party up to the policy limits. The lender’s ownership insurance protects the lender’s agreement with the borrower. In the case of land dispute, this policy will cover the lender’s losses and legal expenses.

Obviously, property verification is an essential activity before buying a property.

The title or legal description of the property in most real estate transactions is sought by the attorney or title company. The attorney/property company must first go through the previous records of the property. The drug may have a “chain of titles”. The lawyer should see if there is any mortgage on the property.

Sometimes a legal inheritance certificate is also necessary to determine the title of the property if there is more than one person as the owner of the property. It is necessary to determine the relationship between the owners. However, this is generally done if the landlord is a deceased person, and that person has more than one legal representative. In this case, it is required to demonstrate the relationship between the deceased and his legal representative. It was also necessary to ascertain whether an objection had been raised to the sale of the said property.

The parent act is necessary to track the origin of the property. It helps close the sale of the property, following the creation of a new property. In the absence of the original parent instrument, certified copies should be obtained from the registration authorities. A parent’s deed includes a change in ownership of the property, that is through sale, division, gift or inheritance. It is very important that the parent instrument records the references to the previous property in sequence and should be continuous and uninterrupted. In the case of a missing sequence, one should refer to records from the registries, revenue records or recitations in other documents. The sequence must be updated until the current owner.

Verification of property ownership is essential in order to prevent legal disputes after the sale of the property. This is regularly done with the help of the buyer’s prosecutor. The attorney will be determined to pass through the previous records of the property. Property verification is therefore of great importance in the sale of the property.

Litigation Services

In real estate law, title search or title search is a process of retrieving documents proving events in the history of a piece of real estate, to identify relevant interests and regulations in relation to that property.

Depending on the number of documents the examiner must review, it will take one day to find the address anywhere. Read this research carefully and look for any hidden problems. Property insurance ensures that the seller has a legal and “marketable” title to the property he sells.

To find out if there are any privileges, here are your options:

1. Search the county recorder, writer, or resident office online. All you need is the owner’s name or address.

2. Visit the county recorder, clerk, or resident office in person.

3. Contact the address company.

Address search companies will search the address history on a piece of real estate. These fees are usually included in the mortgage closing costs. It is a necessary step in buying a piece of property. The fee is usually $ 75 to $ 100.

Visit the county resident

Most states now have additional tools available to search for the free title property. You can find these on state government websites under “District Evaluator.” You will have to define your own county, and you can then search through the listed properties.

1. Check the ownership papers. The property should have a clear title, without any dispute.

2. ask to get bank approvals. If you get your home funded by the bank, your half work is already done.

3. Mortgage certificate.

4. really approved the plan with the actual location.

5. Check the property tax vouchers.

6. The project has a registered community.

Address records are public records that list property, mortgages, privileges and other similar factors. They include written documents, such as works, mortgages, taxes, marriages, wills, and any other document that may affect the title of the property.

It will also show who is responsible for maintaining the roads and tracks adjacent to the property. Searches conducted by your local authority can take from one to six weeks to complete.

Before the transaction can be closed and address search must be performed. A more precise description of the title is a set of rights to the property. The title search is the process of identifying from the public register what those rights are and who owns them.

When conducting a title search, the attorney or property company will conduct the research using public records and legal documents to identify the acquired landlord, concessions or other property-related provisions, property loans and property taxes due.

An act is a physical, legal document, whereas a title is a name that describes a person’s legal position in relation to something. Business documents are officially written, and in most states are required to be registered in a court building or resident office.

All signatures are required even to put the house on the market, much less sell it. Property as tenants in common means you can sell your half of the house without its permission – but only half.

Sell a lien house on it

If you want to move, but you have a lien on your home, you still have options. A home can be sold “as is” when there is a mortgage or judgment against the property or the seller. You don’t have to pay these settlements before closing-concessions against homes can be paid in multiple ways.

You can easily find out if this is simply by calling the county clerk’s office or by visiting their website. Those that have a surface like this will list property information, default history and balances due on each of the mortgages in the property.

If you can’t get information from the tax collector or resident, visit the county land records section of the county. The county clerk, business registrar or record of actions may retain the county land records. You can go to the county website for contact information.

Check out how to help a buyer search report for the property.

The research report is usually prepared by a lawyer who, after visiting the Registrar’s Office and inspecting the ownership documents, issues the certificate of ownership. The title certificate indicates whether the property is unencumbered and has a clear, marketable title

You can discover out which mortgage company owns the note on the house by browsing online records of the county or city where the residence is located. Since records are not available online, you can review the mortgage deed personally at the county or city registrar’s office.

Steps

1. Go to the county tax advisor’s office and find the tax maps of the area in question.

2. For each property number, there must be a note that will give you the title book and the page number.

3. Go to the county clerk’s office and find the current deed.

Five general steps to continue when performing an address search include: First, collect any information about the house that you can find, including the address of the house, the county located at the place of residence, and the name of the current owner. Find the county office for the property

Searching for a title is a must before making any real estate purchase. Property searches ensure that the seller has the legal right to sell the property and that there are no other burdens (e.g. liens, mortgages, etc.) or property line issues that can prevent the buyer from obtaining full possession.

The word warning means “beware”, a legal notice filed with the State Land Registry. If a person has a potential claim to part or all of the property, they may provide a warning, which prevents the owner from selling their property (among other things).

1. Check the Paper Material. One of the first things you can check to spot a fake title immediately is the physical appearance of the paper.

2. Check the Copies.

3. Check the Serial Number.

4. Check the Dates.

5. Check the Title and Seal.

6. Check the Title Number.

7. Check the Reconstituted Tags.

8. Check the Register of Deeds.

The title search will determine the legal owner of the property; disclose any unpaid mortgages, privileges, provisions or taxes that will have to be cleared before the property is sold.

Property searches (also known as regal searches) are queries made by your attorney to find out more information about the property you plan to buy. As part of the home buying process, your notary will conduct a variety of “searches” with your local authority and other parties.

The idea of the title search is to determine who owns the property and has other rights in it, including any type of concessions in the property. It is usually important to do a title search before buying a property to make sure that the entity that sells it has the right to do so.

Typically in my region, title searches go back 60 years, but our area tends to have newer developments, so this is usually sufficient.

A title search is usually requested during the guarantee when the lender who funds the purchase of a home asks for a preliminary report from the title company. However, the search can be done anytime, by anyone, such as a buyer (who may not need the moneylender) or a homeowner who is looking to refinance their home.

Can the house be sold without clearing the address? Clouds on the title, privileges, encroachments and burdens. In general, the law does not require the seller to justify the property or to be clear before closing the sale of homes. However, there are different reasons to ask for a clean list before you sign on the dotted line.

Once your transaction is closed, you will receive your title deed along with the insurance policy at your address. The title process typically takes about two weeks; however, depending on the type of property and movement, this can vary significantly.

Owned property

A bond or act that carries a piece of property, whether land or vehicle, is the simplest form of proof of ownership. Acts should be recorded with the county where the place of residence is located.

Owned property

A bond or act that carries a piece of property, whether land or vehicle, is the simplest form of proof of ownership. Acts should be recorded with the county where the place of residence is located.

Acts will not be returned to the owner until the mortgage of the property is paid in full, although copies of the bonds can be requested at any time. If the mortgage is not held on the property, then the title deeds will be retained by the owner. They can each be kept at home or can be held by a lawyer.

Common-Law States

It ensures that while you are married, you are not required to share ownership of the property you receive. You may apply for a mortgage without your spouse in a common-law state. In determining your qualification, your creditor will not be able to consider the financial circumstances or credit of your partner.

Joint Ownership

Both spouses will have to sign the instrument to sell the house. However, if the address of the house as “common tenants,” the husband can sell his share of the property without the permission of the other spouse. The parties have a separate and distinct interest in the home.

Knowing who owns the property is as simple as searching the tax records or the latest property. Some counties have moved online their ownership records. You can scan public homeownership records in those jurisdictions with just a computer and internet access.

1. go to the tax assessment site of the city where the mysterious property is located.

2. Enter the street number for the mysterious property, and the street name for the mysterious property in the appropriate fields provided on the Property Search Tax Assessment page.

3. Click Search.

A: You should be able to contact the county counsellor online. Go to tax information and put in the address of the property. The owner will be included in the information that comes. There is usually no charge for this information, and it is very easy to find.

You can find out which mortgage company owns the note on the house by browsing online records of the county or city where the residence is located. Since records are not available online, you can review the mortgage deed personally at the county or city registrar’s office

Method 2 Search the records

1. go to office records during open working hours.

2. Ask the clerks for help.

3. Search the appropriate format of the database.

4. Look for a series of titles.

5. Locate the registration number.

6. Obtain copies of the instrument from a clerk.

7. Pay the necessary fees.

You can easily find out if this is simply by calling the county clerk’s office or by clicking their website. Those that have one page like this will list property information, default history and balances due on each of the mortgages in the property.

Steps

Go to the county tax advisor’s office and find the tax maps of the area in question.

For each property number, there must be a note that will give you the title book and the page number.

Go to the county clerk’s office and find the current deed.

How to know the history of your home

National Register of Historic Places.

ask your Realtor.

Look for old census records.

Visit your local library, historical community or conservation institution.

Explore the house and the yard of the guides.

Perform a title search.

Read books on the area.

Ready to move

Proof of ownership. Obtain a copy of the instrument to the property. The easiest way to prove that you own a home is with a title deed or a title deed. Bonds are usually deposited in the registrar’s office in the county where the residence is located.

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