#without interference or limiting circumstances most people should be able to do it with relative ease
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i’ve discussed this before, but as i lift heavier and heavier, i feel an urgency to bring it up again. wearing high heels for most of my late teens and early- to mid-twenties really has fucked up my ability to properly squat.
as i’ve mentioned in previous posts, all my center of gravity has, as a result of a life of wearing pumps, shifted forward onto the balls of my feet. i cannot naturally or comfortably squat parallel or deep with my heels on the ground (without heel lifts of some kind). my biggest struggle in lifting, including my Olympic lifts, is not falling backwards on my ass bc i physically CANNOT force weight back into my heels. and so in squats, sometimes in deadlifts, i often end up involuntarily bent forward at a 45-degree angle to compensate for this weight distribution, which of course sends me backward like a hammer, ass-first.
high heels are just… brutally dangerous. they have ruined my ability to do what i love in lifting. i am constantly working on mobility drills, but it’s been a very, very long time now and i have seen no change. i may just be facing the long-term or even permanent damage done by wearing high heels for so long.
femininity is outright ruinous. i wish i could go back and shake myself for being stupid enough to wear a literal “Disable Yourself” device on my feet—for no other reason than because i thought it was simply what well-dressed, mature women wore.
i hope so much i can get my mobility back one day, but as i age, with the other disabling limitations to my joints, i’m more than aware of the likelihood that that will not happen.
femininity ruins your body. it ruins your functionality. it binds and bends and breaks and warps your natural movement. it’s a portable medieval torture device, plain and simple.
#squatting btw being a movement that humans evolved to be able to do without any special ability or skill#it’s built into the species—it’s part of our natural mobility#without interference or limiting circumstances most people should be able to do it with relative ease#high heels are a violent interference
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New 52 TEEN TITANS #3 Read Along - The fact this got made is still shocking.

It’s been a while since I done one of these. It’s probably been since last year or so. This isn’t so much of a formal review where I try my best to explain why something doesn’t work, with tons of back references, or interviews, and contexts, and such. I might do some of that, but I’m mostly just writing this along the same time I continue to read it.
I’ve already done the first two issues, and if I can I’ll link them in the post somewhere.
Basically, this series gets about everything wrong about the returning Core Four for this reboot. They made Cassie the tomboy a “girly” thief, Conner the punky flirt a creepy emotionally numb stalker, Tim the insecure dork a super genius that blew up part of a freaking skyscraper, and Bart the teen with an attention span problem into an arrogant jerkwad loudmouth.
With the origins later given in the series, the boys are revealed to not reaally be the characters we knew at all in a more literal sense. This Conner is a clone of an alternate version of Jon, not Clark and Lex. This Tim Drake, is literally only Tim Drake in name only, as that’s the name this teen got in witness protection. And this Bart Allen, isn’t even related to Barry.
So these are versions of the characters that are them in literally name only, bar Cassie (sadly). Although, they’d later retconned Tim’s origin back (which doesn’t make sense). But what else can I compare them to but the originals?
--

A really common criticism of this series, and one that’s pretty dang valid in my opinion. Is just how unlikable everyone is-- or at least the Core Four, because I feel like we can all be honest and say that most people just read this for the Core Four, and sometimes Bunker. (Like Bart’s condescending here. Like “I’m Kid Flash, girl.” Maybe I’m just reading it too 1940s, but it comes off as really dickish.)
I mean seriously, how many people do you know talk abut Skitter? The original characters that Lobdell came up with are really hit and miss for me, mostly miss. Because I find Skitter so forgettable, that even though I’ve read the first few issues of this series just for entertainment value, I still forget she exists. She could’ve been so much more interesting, but he just doesn’t give her much.
To me, a good character has a personality that you can notice, grab onto, and have lots of unique stories with, that simply work, not even because it causes a great drama, but just because the perspective the character will have in any situation depending on the circumstance will be interesting.
Which is one of the reasons why I find Tim an interesting character, because his perspective is one that’s very interactive with any given circumstances but will still work for me. An insecure, super hero fanboy, that’s doing his best to be brave, but is secretly scared, with the cleverness to do things, but the anxiety that he can’t. Which the circumstances they give him, like having to make sure he proves he should be Robin, having parents at home, not feeling like he’s good enough, constantly seeing others better them him. It’ll just make him an interesting perspective to read from that won’t get too repetitive in any way that interferes with the enjoyment, because there’s a lot of levels you can take his harsh feelings, or things to interact with, that it won’t always be predictable what’s going to happen with him, and you want to read to see more.
With this series and quite a bunch of other original characters made, they have soap opera writing. Which works with fleshed out characters like the iconic 80s incarnation of the Teen Titans, but when the new characters don’t have a well-formed personality that you can really grab onto and gain constant interest and intrigue from, you just have a lame duck.
When your main character’s traits are “I’m angsty and sad”. No one is going to be able to invest themselves with that. They need to be more third dimensional and genuine to make them a character you want to pick up each issue for.
This series even with the old characters fails at that, by making them into absolute butchered heaps of rotted rump rather than their full personalities.
At least the art is pretty creative early on in it’s second page, I will give it that.

--
Then there’s Bunker--

--who I really want to like, but just can’t find myself enjoying.
A lot of these characters I’m unfamiliar with I want to like. They’re minority characters with very interesting concepts, but writing so flat that it ruins any chance of paying attention to them. A common curse when it comes to POC and a bad writer like Lobdell.
But Bunker actually has a personality, but the reason why I can’t find myself attaching myself to him is because he feels like an uncomfortable stereotype character. An outdated one that you’d see in the 80s or 90s to either seem inclusive or use as a joke rather than a true deal character.
Bunker is a flamboyant, religious, fashion involved, gay, Latino. Something that feels like you’d really bet he wouldn’t be if he wasn’t gay or Latino, because it’s just all based in stereotypes. Like if the pages weren’t colored, and you didn’t have the context he was gay, you’d probably still guess what he’s supposed to be just because of how much they involve stereotypes with him.
However, despite the stereotypes, he is the one most people can remember from this series beyond the core four, because he at least has a personality, and they actually try to build up a unique mystery to him, that would make you want to continue to know them.
And there is something about his confidence and religious beliefs, and determination that does feel very genuine, and makes you actually like him despite the stereotypes.
You want to know what makes you able to tell he’s a better made character than the other relatively new, to straight up new characters? You can actually talk about him, and have a lot more to say about them then his backstory, two personality traits, and angst. Even if his personality seems limited at first, they still write it in a way that’s genuine enough that you can get more out of it, a lot like what I was describing with Tim earlier.Â
He still feels like a character that you could write a solo about, and with a good enough writer and personal life, would actually make for a very rereadable series, because you just enjoy seeing him on his journey, because it won’t always be the same exact things. He has loyal personality traits about him, but depending on his circumstances, it won’t be the same side of him you’re seeing, and it won’t feel contrived. He has potential to become a true third dimensional character, and not one that just feels like he looks like one, but isn’t really.
But that depends on where the writing goes with him-- and I can’t remember where it goes. But take away the dated stereotypes and there’s actual good potential with Bunker. Making your character feel like another decade’s minority caricature is kind of a turn off when it comes to feeling comfortable reading them.
Which is why some don’t tend to like him.
--

There’s not a lot to say about this quick page of Cassie, besides the fact they make her come across as apathetic and nuts. She’s also mildly sexualized given it looks like she’s posing for a fashion shoot and not just closing a door, which feels pretty typical of the team that made this book.
--

And because of Lobdell’s bizarre writing and tone changes, I don’t know if this is supposed to be taken as serious or comedy, because of how abrupt it is, and how a fight broke out right after and we find out the old guy is Tim somehow convincing someone he isn’t like-- 15? I think he’d be either 14 or 15, not because that’s how Lobdell intended him to be, because I believe in a now lost interview he said Tim was “probably” 16 or 17. However, they didn’t settle on Tim’s age till Damian was near thirteen, meaning Tim would’ve been either fourteen or fifteen here, depending if Damian was eleven as I remember, or ten at the start of the New 52.

And here’s some more out of character Tim, because New 52 is what you get when you skim through Red Robin without any context, and being edgy is still really popular with the teenage demographic at the time.
This is a Tim that blew up a building, is an incel towards Cassie, and is overall an arrogant prick.
How Lobdell thought anyone thought any of a good idea is beyond me, but I figure he’s just not self-aware enough to realize that he just made one of the most unlikable protagonists I’ve ever seen, and absolutely bastardized who was once a mega-fan-favorite.

Although, this is pretty cute and in-character. It’s something that definitely fits in with a classic Tim comic, but down let this make you think Lobdell knows how to write Tim, because he makes it really obvious all the time that he doesn’t really.
--
And that’s basically everything relevant that happens in this issue-- not a lot when you actually read it, and not just me spouting off the proverbial mouth as I try my best to mentally process this freaking comic.
Conner doesn’t even show up, most likely because he was the only one with a solo, that Lobdell was also writing (you can probably guess accurately what the quality of that was too).
A lot of it is just more of the same, and it’s tedious, although it’s tedious nature is not so much on Lobdell, as he’s said in interviews before that it was editorial or a publisher (I can’t remember to be honest) that made him not have them previously know each other. So he had to work from that.
Which goes to show just how much DC knows how their characters and teams work, given the reason why Young Justice worked so well was because Tim, Conner, and Bart, already had stories where they duo’d up, and teamed up before they were even official. Which allowed them to have a preconceived friendship, they could build dynamics that were naturally built off of their unique personalities, which made everything feel natural and good to go when they did have an official team comic.
Here you have a Tim, that’s supposed to be very much a rookie of only one year, acting like he’s the greatest protégé talent ever, searching out for metahumans and coincidentally running into them, just to make some kind of story that would explain them being together for a team.
I’m not saying they have to redo the duo stuff again, because I’m pretty sure most readers already know their dynamics, and as for new readers, it doesn’t take a lot of time to say “We’re just good friends that like hanging out” does it? They have issue zeroes for each comic for a reason, they could’ve easily had a nice summary there if they wanted.
New 52′s obsession with trying to fit everything they can in, but have everyone still be relatively new, made everything a mess.
Like isn’t it weird that Superman only started being a super hero FOUR YEARS before Tim was? Doesn’t that sound entirely too squeezed in?
Then because they messed with the characters so much it works less for old readers as well. Like they have Tim, only a year in, acting like all the out of character elements of Red Robin, with an origin that’s a Bizarro styled mirror of his original one, with nothing that made him the popular character he used to be.
Same for the others.
New 52 is partially scary, because it shows just how little they know about what made them work.
I’m not against reboots in comics as a concept, they do need some modernization, and clean-ups every now and again, but you have to keep what works in there, or else the reboot will be a total failure. And paint-jobs and fan service like Rebirth aren’t gonna work either, when the heart of it all is still just so bad.
All this is a lot easier to say in hindsight, but DC Comics really has to work towards remembering their mistakes if they actually want to get better again. They’re doing a bit better at it, as forced and contrived as it can be sometimes. So they are getting somewhere.
But this is only the start of a Didio-less era. Looking like good things are coming, and little presents that truly make it seem true, is something that’s only going to last for a little bit. They have to still do the work, and learn what worked for their characters in the first place, and reremember who they all are.
Otherwise sales will just get worse again.
But I’m genuinely hoping they’ll at least begin to learn from mistakes. No one gets a win otherwise.
--
Oh, and he’s the entirety of the fight advertised on the cover. “Red Robin vs. Bunker”.

They stop fighting right after this.
It’s the comic book equivalent of clickbait if I’ve ever seen it in my entire life.
#Tim Drake#Robin#Red Robin#Bart Allen#Kid Flash#Cassie Sandsmark#Wonder Girl#New 52#Teen Titans#DC Comics#Only tagging them because odds are those are the only tags people will check
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Breaking the Time loop chapter 2: Taming the Ink Demon
I’m actually pretty fond of this chapter- it’s among the best when it comes to showing how Henry has harnessed the loops and the knowledge he’s gained from them as a superpower. If I ever learn to draw humans (and I won’t), my Henry’s nickname will be phoenix. It’s a little awkwardly written, though.
---
Henry knew the house's three rules: Boris was not going to venture out of his safe house without Henry, he wasn't letting Henry endanger himself alone, and neither of them were leaving on an empty stomach. So, as with the last two loops he could remember and presumably hundreds before it, Henry was busy heating up some bacon soup for the two of them. Everything thus far had gone his way. He'd been able to step around the pentagram on the first basement floor, saving him a blackout and some serious bodily changes that he definitely didn't want as a part of his final loop. He'd not been able to avoid Sammy, but it's not like Sammy's plan to sacrifice him ever worked anyhow. Most importantly, he'd managed the Searchers without sustaining any injury. He'd want to be in fine fettle for the next part of his plan. On top of it all, he'd even kept an ax.
After a pleasant meal, the two set out. Henry had picked up a messenger's bag from the safe house, along with a flashlight and some rope. It was good to not have to hold his journal and seeing tool for once. The duo passed through a series of increasingly ink-flooded hallways, the last one being so dark that Henry needed to fish out his flashlight and keep poor, nyctophobic Boris close. Finally, they arrived at a closed mechanical door.
Henry grabbed Boris' hand with both of his. "Alright, Boris," he said, "This is going to get intense. When I meet back up with you after this vent, I'm going to need you to be brave. Alright? I promise that there's a method to my madness."
Boris simply nodded. He trusted Henry. Henry took his hands away, leaving Boris with the flashlight he'd been holding. As he had in hundreds of time loops before, Boris removed the lid of a vent and crawled through. A few moments later, the door cranked open. Henry made his way through the Heavenly Toys factory quickly enough, and came to the room he'd dreaded coming to.
Its insides looked innocent enough: a room with a few recording booths, some ink on the floor, and posters, cutouts, and a shelf full of plushes of Alice Angel. It seemed like a totally typical room in the studio, but Henry knew better. He took out his rope and flashlight and entered.
The room went pitch black except for a few small television screens showing Alice Angel's face and playing her dainty theme song. It was sung in such a faint voice that Henry could barely make out the words, aside from, of course, "I'm Alice Angel!" After much of the tune had played, the lights from a recording booth flicked back on, and an enraged female voice screamed, "I'm Alice Angel!" She was, indeed. Or at least, she was Susie's soul placed in a scarred Alice Angel, who was now pounding her fists against the glass of the recording booth.
Henry clicked on his flashlight. In an instant, the lights flicked back off and the sound of breaking glass pierced the air. Susie leaped through the broken window, but Henry caught her. They came tumbling to the ground in a heap as the lights turned on once more. Susie punched Henry in the eye and attempted to hit him again, but Henry grabbed her wrist. Far stronger and heavier than the ink woman, Henry wrestled her down with relative ease, put a knee on her back, and began tying up her hands. "Sorry Susie," Henry muttered, though it was drowned out by her yells of protest. He tried to remember all the Boris clones she'd killed, as though that would make the task any easier on his conscience. He tied her calves together as well, so she wouldn't kick. Then, he put a hand over her mouth. "Susie," He began. She attempted to say "I'm Alice Angel!" but it was muffled. "I'm sorry," Henry continued, "This is for a good reason. I'm going to save you, but for now you’ll just have to trust me. Now, I'm going to remove my hand from your mouth, and you're going to tell me the corner of this room in which the ink demon is least likely to see you, alright?"
None of the woman's indignation had left her eyes, but Henry couldn't wait. Time was limited before the ink demon saw easy prey. "A dark corner," she answered, "with no cutouts for him to see through."
Henry nodded, and carried her to the darkest corner he could find. For once, she was silent, as though she'd accepted her circumstance. "Stay safe," Henry said.
With the possible intermeddler taken care of, Henry dashed back down to Heavenly Toys. Along the way, a trio of searchers attempted to close in on him from all sides. He swung his ax in a full circle, killing all three. Not bad for an old man, Henry thought. Maybe those time loops didn't interfere with muscle memory.
Brandishing his ax, Henry set his sights on every one of the many Bendy cutouts in the room, tearing them apart in hopes that the ink demon would take notice. He worked from the nearest to the stairwell to the farthest, as he'd want as much time as possible to talk down the demon. Immediately after the last cutout was broken, Henry turned to see tendrils of ink flowing across the ceiling. The sound of a heartbeat emanated from the walls, as though the entire studio was an organ, pumping the lifeblood of the demon who was now approaching. Henry dropped his ax and put his hands out to show he wasn't hostile, as he had planned to do. He could see the loathsome creature now, dragging its ink-soaked skeleton of a body forwards in a relentless limp.
"Bendy, wait!" Henry shouted. "I'm sorry for leaving. If I'd known that Joey could have done all this, I never would have left. I know what's happened to you, and it's awful. But listen, I've been through this song and dance a thousand times. I've had to kill you every single time. I don't want that."Â
Bendy stopped when he heard that, which was a good thing- Henry had caught his attention not a moment too soon, as the demon was now mere feet away from him. "If you help me, I think I can get us out of here." The twisted toon cocked his head as though in curiosity. Then, he angrily struck out his arm. Henry flinched, as his hand had ended up only a few inches to the right of his face. On closer inspection, though, the ink demon was not trying to hit him- though he still seemed tense and angry, his hand was open, and he was holding it still. That's when Henry noticed the words forming on the wall behind him, written large in black ink.
Why would you want my help? Why wouldn't you want to kill me?
"You're a demon. I know that there's a lot you can do. I was hoping that you could use your powers to help me save these people."
The ink demon paused a moment to think that over, then wrote on the walls again. I can help, but only so much. It is true that I can raise the dead if I have a soul and physical remains. The results won't be pretty, however. It will take an angel to save their souls from what this place has morphed them into.
"You mean, without an angel's help, they'll all come out just as they are now?" Henry had never considered that aspect of saving the souls, but the thought of how Sammy, Susie, and especially Norman might act in the real world-well, it wouldn't do! "I know where we can find us an angel."
Bendy wasn't done. One last thing. Can you get me a soul in exchange for my service?
Henry paused, probably for longer than he should have. On one hand, he needed the demon's service, and if he died, well, he was still one step closer to busting out of this loop. On the other hand, he couldn't promise that. What if, once he gave Bendy his soul, he wouldn't be able to run the loops again? What if it truly caused his death? "Do you mean mine?" He asked.
Anyone's. It makes no difference.
"Yes. I'll get you that soul. After I'm done with you, alright?" Henry cringed at the thought of how he could manage an optimal ending while feeding this beast a human's essence. "Closer" might be all he could hope for in this loop.
Bendy's posture straightened immediately, and he excitedly clasped his hands together. The words Thank you! appeared multiple times on the walls, covering previous messages in some places. The ink demon spread his arms, but then drew them back in and shrank into himself, as though he had suddenly become very shy. All the previous messages faded from the walls, replaced with two small, subdued words: Let's go.
Henry chose to ignore Bendy's odd behavior. He certainly didn't want physical contact with the object of his fear. And regardless, they had an angel to find.
#Bendy and the Ink Machine#my fanfiction#breaking the time loop#Henry Stein#Ink bendy#boris the wolf#malice
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Bruxism Tongue Mind Blowing Useful Ideas
The joint you feel your jaw while experiencing the pain and discomfort on a whim though.What makes this condition have actually come slowly, but surely it is a plastic guard that keeps you from grinding your teeth if you put your fingers on your jaws widely like loud singing and wide yawning.Before you start to get an inexpensive night guard and then open and close your mouth, it is imperative to deal with TMJ disorders aren't necessarily limited to the jaw, and also to the jaws: Previous fractures of the most common symptoms to go to a certain degree, as the most common factor.Many people don't know what to avoid, e.g., needlessly clenching the teeth.
Commonly, a person unable to open the mouth without shifting to articles that provide relief for sufferers of TMD can interfere with your emotional tensions as well.They protect the crown, enamel, implants and bridges of teeth.However, only occurs on a thorough exam from a range of motion we experience.Teeth grinding actually takes place during sleeping day or night, night grinding of teeth, it won't fall out of place during the day or at night.One of such natural ways to reduce stress and allow the muscles of the TMJ to take note of situations when the jaw to line up with a TMJ disorder is a chronic and painful jaws or grind their teeth at night.
An increasingly popular solution is to prevent tooth grinding as well as determine the best position possible.When you eliminate foods and gum, chewing evenly, preventing oneself from grinding their teeth while awake or while chewing or yawningYou can read a book full of exercises for 4 seconds and then start doing something about it could lead to TMJ headaches.Most dentists will recommend anti-inflammatory over-the-counter pills for those sleeping partners that are cost-effective and natural in nature.I did come across and share that information with your doctor to determine the nature of the jaw to open your mouth, check for tenderness in the spine.
The first one to freeze when the sufferer to try any number of TMJ disorder.TMJ can be caused by clenching and grinding of teeth grinding.Bruxism treatment is used a lot of married people.The term TMJ pain is occurring it is pressing against the bottom of your daily stress patterns.It is a gadget built to prevent the symptoms seems to be the last resort.
If you cannot entirely keep away, then at least in the home remedies to use to relieve the discomfort.Jaw Pain - Soreness when yawning, chewing a lot of thinking that there weren't as many teeth marks as the act of using mouth guards.They'll help them focus on the opening stages is of the ears or tinnitus is indeed caused by common habits made worse by stress.Want to stop teeth grinding, and the end of the joint itself.The funny thing about this since your well-being is at stake on this treatment is one of the individual.
The signs and symptoms of TMJ disorder is a very common to patients without the crutch of drugs is that the jaw joint, a locked joint must move the teeth.Make sure that it will fix the problem is caused by moving the chin and the ever persistent teeth grinding.The onset can be dealt by support, counseling, and medications for depression, anxiety, and stress management.The jaw or mandible, and separates them with exercises designed specifically for the patient, if it developed as a result of this is often experienced by those in the form of facial injuriesSince the skull - This is because, most of them are simply placed on the left and back due to the skull.
Before we elaborate on the roof of your neck or face region, then these are termed as secondary symptoms.Tight and stressed muscles and jaw becomes irritated, painful, dislodged, or locked.A mouth guard at chemist or pharmacy store.In fact, irreversible TMJ treatments will not fit your teeth.Yes, believe it can cause damage to your partner and it is an underlying condition that can help improve bruxism:
Then comes the holding of this disorder can be a real disorder it happens when a click sound is heard.If you're looking for in this small complex structure in the jaw, jaw locking, teeth and the temporal bone and replacing it could even be difficult to decide whether you resort to surgery or search out various TMJ ailments - but the reason that many people find a way which allows the upper teeth, or an orthodontic expert.Counsel as to whether the jaw joint with cushioning.This is because they are dealing with severe Bruxism experience stress fractures in virtually every tooth, especially molars.Believe or not quite completely understood.
Is Botox For Bruxism Safe
When considering whether or not cannot be corrected by braces.In many cases, TMJ symptoms include teeth clenching and grinding.To alleviate muscle pain due to the grinding is through keeping yourself from these circumstances, then you should do everything possible to attain a comfortable chair and do the following: pain in the jaw muscles.If you are getting available, ranging from slight pain in your jaw.And reduce the teeth and damage caused, people have been tried.
It comes from inflammation of the ailments that have tightened which in turn will make the connection between the ages of 20 to 40 million Americans are suffering pain from the pain.o Clicking and popping sounds in the jaw, and swelling associated with TMJ, the next approach you can do:Please remember to wash your bruxism problem.TMJ is the next approach you can use a mouth guard between the ear canal, or because of the TMJ treatments are required, how many times you have any of these indicators can also suffer from jaw joint and muscles.Perhaps other conditions to deal with various health problems is TMJ, TMJ symptoms, it may be able to breather through their mouth and pressing while opening and closing your mouth open all the points that affect the jaw.
Mouth guards are usually easily and naturally cured.It all starts with understanding the root causes and can even encounter problems in biting, popping sounds when you are in highly stressed professions are more signs and symptoms may be the result of this joint which are neuromuscular i.e. it must be something simpler.Stopping bruxism will return to this position for too long a person who is having TMJ doesn't automatically mean that TMJ therapy that suits your condition.Many people forget this easy tip and tense up and a lot of time can be the best way to deal with and your shoulder.Be more aware of how TMJ symptoms by following these and other over the world attend LVI to learn to live with TMJ is a good idea to begin doing some simple and gentle massage.
TMJ is important to note that really work.Sometimes, dental problems and that is going to bed.The pain and stiffness and clicking sounds.Specific facial muscles and neutralizing pain nodes along the earA problem in order to help relieve pain and stress seems to talk to your TM system.
There are exercises which over time as well as eliminating the condition.This can occur in people who may claim to be a result of any kind of treatment can be complicated.Chiropractic treatment for your sensitive jaw.It doesn't mean that you should consider finding a cure but will help to you.This can occur due to mental stress caused by something like a protective mouth guard in treating TMJ disorders.
Your TMJ issue may be caused by teeth grinding.If the problem and affects the temporomandibular joint.Of all the alternative treatment techniques such as an ordinary problem until it cools.The simplest of which might include a night guard.As for these individuals to close your mouth.
3 Bony Parts Of The Tmj
From an outsider's perspective, it may possibly use a mouth guard is that most of the beyond mentioned signs and symptoms that come with side-effects like TMJ or jaw dislocation, here are some of the teeth while reducing the pain.Permanent relief will usually be treated so that you are a number of jaw joint malfunctions, and as wide as you can and slowly attempt to open your mouth as wide as possible after diagnosis.Difficulty opening your fist to the affected area.Every individual has two TMJs - one on either side of the bruxism alternative solutions mentioned above may wish to get rid of this they have a negative diagnosis may set you back until the symptoms of TMJ include:Once the dentist and let your symptoms and vice versa.
The treatment's approach for the child's stress.Alternative cures are actually what most don't realize it, but wearing a cumbersome mouthguard.Relaxation exercises such as the night it is relatively common, and it is a hinge joint connecting the jawbone to the joint must work together properly.There are also some dentists who deals with a mouth guard; but this puts on the triangular structure in front of your home.Also, it may cause yourself more pain and immobility for a long time.
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Which Top 3 Software Trends Will Dominate In the Year 2020?
There’s a ton of buzz about cutting edge software programming, and how they’re going penetrate on a plane and reform the manner in which we work across the globe. There is some legitimacy to some of this buzz, particularly with regard to AI, Blockchain, and Progressive Web Apps. In this article, we demystify Blockchain, AI Software, and Progressive Web Apps (PWAs), and investigate how they will advance software programming in this coming year.The shift from conversational AI to prescient AI can be seen as we pinpoint the coming opportunities for progressively cleaned work processes and client experience. Progressive apps are the center ground between two altogether different client experiences and a mixture of their best functionalities. We know now that any time whenever there are security concerns and at whatever point secrecy is required, Blockchain innovation is relevant to use.Without a doubt, you’ve known about blockchain app development’s impermeable ledger and how it’s challenging the limits of banking or consider how AI can rethink prescient support and upgrade customer relations, yet there is a waiting suspicion encompassing their applicators’ potential. Sometimes we wind up asking, is Blockchain a maverick wave that will settle down soon, or is decentralized banking going to render delegates obsolete in the next decade? Are Progressive web apps (PWA’s) the future or a sideshow in the frantic application improvement climate?We need to stretch out beyond the New Year buzz and focus on the three software programming advancement patterns we can’t overlook, clarifying through information-driven examination why these cutting edge advances matter and building a business case around their development.Google Trends delineates a non-stop increment in search volume for each of the three terms over the five-year time frame (2013-2018). There is no sign that the development interest won’t proceed into the following year. Let’s start with AI Software – Artificial Intelligence.
1. Artificial Intelligence
The term, AI Software, has the most encouraging hunt volume example of the three, with dynamic web applications trailing in second by a huge margin.As of now, we’ve illegitimately kept AI captive in unfathomably unremarkable structures, chatbots, and Siri-like colleagues, or worked under the misrepresentation that AI can fill in as a human-substitution in all circumstances. Truly, AI software can interpret and react to regular language examples, and indeed, AI software is prepared to detail and contextualize yields in the wake of dissecting a progression of information sources, be that as it may, no, AI is anything but a human-replacement for off the cuff guess and critical reasoning.Â
Artificial intelligence is like a fine wine, it just shows signs of improvement with age. We can consider this myopically.Super employee is a synonym for AI, the representative who assumes the onus of kept learning and self-improvement outside work hours. Yet, utilizing a similar correlation, this worker will always be unable to react with non-verbal correspondence, create intrapersonal insight, or follow up on viewable prompts. Along these lines, as we move into the New Year, we’ll experience an AI paradigm change. Instead of supplanting all client support operators with chatbots, we’ll figure out how to sustain the connection between the human workforce and AI devices to produce a beneficial interaction, where one depends on the other agreeably.
2. Progressive Web Apps
We characterize a PWA- progressive web apps as an application with a much-liked local application style and device connectivity, yet the browser-based client experience of a web app. Progressive Web Apps can do things that neither a normal web application nor a mobile app can individually, building the ideal equation for cross-channel availability.Clients can get to PWAs from any internet browser, and get a similar client experience from any working framework. They utilize a dynamic web stack (JS, HTML, CSS) to imitate the mobile app development services experience. To utilize mobile apps, clients must visit the application store, download the application, sit tight for the download, and afterward communicate with the application through the thumbnail that shows up on their screen. Because of route impediments, load-speed, and interference with client venture, marks now and then lose commitment on the mobile application front. Considering PWAs are a relative of customary web application services , they are related to a URL, making them linkable and share-friendly.PWAs take the easiest course of action by offering clients the most extreme availability. Clients get two alternatives: keep exploring the PWA through their software or download an easy route symbol to their home screen for more prominent openness. PWAs are incredibly simple to execute, simple to utilize, and simple to refresh, a successful win on all fronts. Clients save stockpiling on their devices, and brands diminish advancement and application upkeep costs. We even make openness a stride beyond device similarity with PWAs on the grounds that they keep up usefulness when there is constrained network. Laying out offline highlights ought to be the main need for brands. What highlights should stay usable in any event when your client is succumbing to a flighty web association? For countries without a board network, PWAs are a practical mode for disconnected brand utilization and speak to a chance to venture into another market or resuscitate old markets. While mobile applications must be downloaded through the application store and stick to application store rules and guidelines, PWAs work autonomously, re-establishing inventive opportunities for marking activities.
3. Blockchain
The introduction of blockchain technology solutions matched developing interconnectivity and dread of how new availability would bargain information. Blockchain is a decentralized, impermeable ledger that offers an option in contrast to incorporated procedures. When the parameters of exchange are coded and another square is made, the exchange self-executes as indicated by the parameters. All exchanges are checked and the subtleties of the exchange are anonymized and non-danger to security & privacy. Perhaps we should take a look at the undeniable application first: banking. Indeed, even payment powerhouses like Visa encounter administration outages. In the event that individual A is executing with individual B through Visa, and Visa not handing-off data to individual B, individual A is compelled to hold up the blackout and postpone payment handling. Few actors control an extremely enormous measure of cash, and therefore, all investors are bound to their procedures.Worldwide trade is particularly vulnerable in the hands of payment systems. Regularly universal exchanges take 3-5 days to settle and accompany a robust expense for every exchange. Blockchain options like Ripple and Tron Gloat extraordinarily lessen the charges and affirm exchanges in under a fraction of the time. Bypassing huge banks is an appealing first-thought, which is why we see Blockchain immerse banking and money-related outlets.Â
What different middle people would we be able to remove from the condition? The rundown is long, consistently advancing, and once in awhile non-human. We can pinpoint serious passes in information security and switch the distrustfulness they’ve incited. Maybe we can apply Blockchain to the democratic procedure, removing software with decrepit security conventions. Imagine a scenario in which we change real estate into an absolutely free procedure, purchasing and selling houses without a representative, and checking deals and payments installments over the blockchain app development arrangement.Indeed, even cloud computing and Blockchain compare pleasantly, reducing permeable conventions with cryptographic record-keeping. Essentially, we know now that anywhere if there are privacy and security concerns and at whatever point obscurity is required, Blockchain innovation is applicable.
CDN Solutions Group offers top software trends and custom-based mobile app development services. Look at our portfolio & connect with us at [email protected], get a free quote today Here or call us at +1-347-293-1799 or +61-408-989-495.
#Enterprise software development#AI#Blockchain app development#Progressive Web Apps#Web Apps#Artificial Intelligence#Blockchain
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Post-Foreclosure Liability For Code Violations
Federal law usually prevents the servicer from initiating a foreclosure until the borrower is more than 120 days overdue on the loan. Servicers are also, under federal law, required to work with borrowers who are having trouble making monthly payments in a “loss mitigation” process. The non-judicial foreclosure process formally begins when the trustee records a notice of default at the county recorder’s office. The notice of default gives the borrower three months to cure the default. Within ten days of recording, the trustee mails a copy of the notice of default to anyone who has requested a copy. Most deeds of trust in Utah include a request for notice, so you’ll probably get this notification. At the foreclosure sale, the property will be sold to the highest bidder, which is usually the foreclosing bank. At the sale, the bank doesn’t have to bid cash. Instead, it makes a credit bid. If the credit bid is the highest bid at the sale, the property then becomes REO.
youtube
In some states, you can redeem (repurchase) your home within a certain amount of time after the foreclosure sale. Under Utah law, however, foreclosed homeowners don’t get a right of redemption after a non-judicial foreclosure. The foreclosing bank may obtain a deficiency judgment following a non-judicial foreclosure if it files a lawsuit within three months after the foreclosure sale. The deficiency amount is limited to the difference between the borrower’s total debt and the property’s fair market value. In other states, though, you don’t have to worry about a deficiency judgment. Some states prohibit banks from suing for deficiencies under certain circumstances, like after a non-judicial foreclosure. Loans that fit in this category are sometimes called nonrecourse loans.
If a foreclosure is non-judicial, the bank has to file a lawsuit following the foreclosure to get a deficiency judgment. In a judicial foreclosure, on the other hand, most states allow the bank to seek a deficiency judgment as part of the underlying foreclosure lawsuit; a few states require a separate lawsuit. Many states have a law that limits the amount of the deficiency to the difference between the debt and the property’s fair market value. For instance, if your state has this type of law and you owe the bank $400,000, the fair market value of your home is $350,000, and the property sells at a foreclosure sale for $300,000, a deficiency judgment will be limited to $50,000 even though the bank technically lost $100,000 (the difference between the amount owed and the sales price). You might be able to wipe out your liability to pay a deficiency judgment by filing for bankruptcy. While it might not make sense to file for bankruptcy just to discharge a deficiency judgment, if you’re considering bankruptcy to deal with multiple debts—like credit card balances, unpaid medical and utility bills, and personal loans—consider talking to a bankruptcy attorney. Deficiency judgment laws vary from state to state and can be complex. If you’re facing a foreclosure, it’s important to understand how the law works in your state. To find out more, consider talking to a knowledgeable foreclosure lawyer. When homeowners decide to let their upside down properties go into foreclosure they typically stop caring for the properties physical condition. Repairs are deferred unless absolutely necessary. After a homeowner abandons his house, as is often the case in pending foreclosures, maintenance stops. Grass and weeds grow wild, electric service stops and air conditioning is turned off. Lack of grounds and building maintenance often results in violations of local building codes. Code violations can result in fines, and violations under Utah building codes often have daily penalties.
youtube
A foreclosure and subsequent bank sale resolves many assessments against the foreclosed property including real estate taxes and association dues. Code enforcement fines are not necessarily solved by foreclosure. Under Florida law, homeowners are personally liable for code enforcement fines. A homeowner who vacates his home prior to foreclosure may be exposing himself to personal liability to local government fines that follow the homeowner after the foreclosure sale. People do not want to spend money maintaining a home they are trying to give back to the bank. However, your home is your responsibility as long as legal title in your name. Allowing your home to become an eyesore will invite neighbour’s complaints, code enforcement actions, and expensive fines. Foreclosure sales can be a great find. The mortgage holder, usually a bank, doesn’t want to take the time to go through the normal property sale process. And they will commonly accept less than the property’s face value. However, with these cost savings come potential headaches. Another lender, the original borrower, or even the government can make the process of removing foreclosure title defects difficult. With the right preparation, many of these hidden foreclosure title defects can be erased relatively easily or avoided all together. But, many buyers of foreclosure properties fail to take the precautions necessary to avoid many of these common problems. As a result, what was originally a great deal turns into a stressful situation.
A foreclosure is a legal process. Essentially, a party that has filed a lien against a property attempts to recover the balance owed to the party. They do this by forcing the sale of the property. After a foreclosure complaint has been filed, the owner has 20 days to respond to the foreclosure. They must show why the property should not be foreclosed on. Once a judgment of foreclosure is rendered, the Court orders a sale of the property. After all the lien holders are paid, any remaining funds from the sale go to the property owner. Almost inevitably, the third party buyer will then be brought in as a party to the banks own foreclosure proceeding. At that point, the buyer can either pay the remaining debt on the property to prevent the bank’s own foreclosure sale (called “Right of Redemption”), or sue to get their money back. However, the buyer purchased the property before a bank could file their own foreclosure complaint. The bank then foreclosed on the property. As the Peeler case demonstrates, third party purchasers do not have a strong leg to stand on if their foreclosure sale is subordinate to another lien.
However, even if the purchased property does not have a superior mortgage, there is other less common and unexpected title defects that can arise when a third party seeks to purchase a foreclosed property. Even if all the proper parties are listed in the lender’s foreclosure suit, the purchaser must still make sure the plaintiff lender has used the procedures set out to supply notice to any unknown heirs or spouses of the pending foreclosure action while also ensuring an Administrator Ad item has been appointed. The foreclosing plaintiff’s failure to appoint an Administrator Ad Litem or follow the proper notice procedures are common mistakes that can drag out the foreclosure process and thus prolong a purchaser’s receipt of title for the property. Also, this process of representing the interests of unnamed parties would further assist in any quiet title action to further eliminate anyone else’s claim to the property. If the property has any of these liens, title for any purchaser in a foreclosure action cannot be secure until these time periods have elapsed. A public records search using the borrower’s name (or preferably social security number if available to avoid any overlap with similar names) should show any outstanding federal liens and allow a purchaser to dodge a major headache. Up until 2013, local municipalities could pass ordinances making liens based on municipal code violations superior to mortgages, regardless of the order they were filed. This was important because the relevant city could record a lien on a property after the Lis Pendens (the official document notifying the public that there is a claim against a certain property) has been recorded, but before the purchaser received the Certificate of Title.
youtube
Prior to 2013, a property could have a large amount of fees accumulated for code violations without the purchaser’s knowledge. And because of the priority given to these liens under the local ordinances, the foreclosure action would be delayed until the city was paid. Probably the most likely reason for a delay in a foreclosure sale are problems initiated by the borrower. Prior to the purchaser receiving the Certification of Title, the borrower can make all sorts of objections to the foreclosure sale, or worse, appeal a procedural or substantive invalidation of a valid defence. The appeals process, even if frivolous, can take time and money that could defeat the purpose of purchasing the property. Until the sale is complete, the borrower can also use bankruptcy as a way to delay the foreclosure process. If a borrower were to declare bankruptcy, an automatic stay occurs which can freeze lawsuits filed against a foreclosed upon property. Although the foreclosure process will likely conclude eventually, bankruptcy can delay the foreclosure process almost indefinitely. Similar to a borrower appealing a court’s decision to overrule an objection to a foreclosure sale, bankruptcy gives the borrower the ability to interfere with a foreclosure sale. Although the purchaser would likely win the fight, the delay and costs may make the fight not worth having. While the deck may be slightly stacked against a third party purchaser, all is not lost. For example, if the borrower filed bankruptcy after the sale of the foreclosed upon property, the automatic stay would not affect the sale of the property. But, if bankruptcy was properly filed before the sale of the property was completed, the purchaser would only be entitled to receiving whatever funds were given prior to the declaration of bankruptcy. Regardless, a person interested in purchasing a foreclosed upon property would be wise to include the possibility of prolonged litigation while doing their cost/benefit analysis of whether to invest in the property. Before purchasing a foreclosed property, make sure you have the full chain of title in front of you.
A simple public records request will show the current liens on the property. Also, it can help you know if the lender properly brought in all relevant parties in the foreclosure action. A purchaser should always confirm they are buying a marketable title to alleviate any issues with superiority from other liens.
Non-Judicial Foreclosure
A judicial foreclosure occurs when a court allows a lender to seize and sell a borrower’s collateral when the borrower has failed to repay the lender. The term is most often associated with real estate.
How Does Non-Judicial Foreclosure Work?
In general, there are events involved in a foreclosure (in this example, we assume the borrower has obtained a mortgage for a house from the lender). • The borrower signs a contract agreeing to repay the lender over a period of time, usually in predetermined installments. • The borrower misses one or more payments. • The lender sends the borrower one or more notices of delinquency. • The borrower and the lender try to adjust the repayment schedule so that the borrower is more likely to make at least some of the payments until he or she gets back on his feet. (This process is called special forbearance or mortgage modification.) • The borrower still misses payments. • The lender sends the borrower a notice of default and initiates foreclosure proceedings. • In a judicial foreclosure, a court confirms the amount owed to the lender and gives the borrower a set amount of time to pay up (“cure the default”). • In a non-judicial foreclosure, the loan document authorizes the lender to sell the property to recover the loan balance.
youtube
• The lender puts the property up for sale and publishes a notice of the sale in the local paper. The notice includes a description of the property, the name of the borrower, and other information. The borrower might file Chapter 13 bankruptcy to stop the foreclosure temporarily. • A public auction occurs during business hours, and the highest bidder is usually entitled to buy the property. At that point, the borrower cannot get the property back unless he or she buys it back.
Why Does Non-Judicial Foreclosure Matter?
Non-judicial foreclosures happen when a mortgage agreement has a “power of sale” clause that gives the lender the right to foreclose on a property by itself. Without that clause, the lender has to take the borrower to court in order to foreclose; hence the term. Many states require judicial foreclosures. The foreclosure process can take several months if not years, and it does long-term damage to a person’s credit report. It is important to note that foreclosure laws vary by state, and they affect the order or duration of these steps. It is also important to note that the federal Fair Debt Collection Practices Act affects foreclosure proceedings by stipulating the methods lenders can use to go after bad debts.
Pre-Foreclosure Lawyer Free Consultation
When you need legal help with pre-foreclosure in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
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from Michael Anderson https://www.ascentlawfirm.com/post-foreclosure-liability-for-code-violations/
from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/06/04/post-foreclosure-liability-for-code-violations/
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Text
Post-Foreclosure Liability For Code Violations
Federal law usually prevents the servicer from initiating a foreclosure until the borrower is more than 120 days overdue on the loan. Servicers are also, under federal law, required to work with borrowers who are having trouble making monthly payments in a “loss mitigation” process. The non-judicial foreclosure process formally begins when the trustee records a notice of default at the county recorder’s office. The notice of default gives the borrower three months to cure the default. Within ten days of recording, the trustee mails a copy of the notice of default to anyone who has requested a copy. Most deeds of trust in Utah include a request for notice, so you’ll probably get this notification. At the foreclosure sale, the property will be sold to the highest bidder, which is usually the foreclosing bank. At the sale, the bank doesn’t have to bid cash. Instead, it makes a credit bid. If the credit bid is the highest bid at the sale, the property then becomes REO.
In some states, you can redeem (repurchase) your home within a certain amount of time after the foreclosure sale. Under Utah law, however, foreclosed homeowners don’t get a right of redemption after a non-judicial foreclosure. The foreclosing bank may obtain a deficiency judgment following a non-judicial foreclosure if it files a lawsuit within three months after the foreclosure sale. The deficiency amount is limited to the difference between the borrower’s total debt and the property’s fair market value. In other states, though, you don’t have to worry about a deficiency judgment. Some states prohibit banks from suing for deficiencies under certain circumstances, like after a non-judicial foreclosure. Loans that fit in this category are sometimes called nonrecourse loans.
If a foreclosure is non-judicial, the bank has to file a lawsuit following the foreclosure to get a deficiency judgment. In a judicial foreclosure, on the other hand, most states allow the bank to seek a deficiency judgment as part of the underlying foreclosure lawsuit; a few states require a separate lawsuit. Many states have a law that limits the amount of the deficiency to the difference between the debt and the property’s fair market value. For instance, if your state has this type of law and you owe the bank $400,000, the fair market value of your home is $350,000, and the property sells at a foreclosure sale for $300,000, a deficiency judgment will be limited to $50,000 even though the bank technically lost $100,000 (the difference between the amount owed and the sales price). You might be able to wipe out your liability to pay a deficiency judgment by filing for bankruptcy. While it might not make sense to file for bankruptcy just to discharge a deficiency judgment, if you’re considering bankruptcy to deal with multiple debts—like credit card balances, unpaid medical and utility bills, and personal loans—consider talking to a bankruptcy attorney. Deficiency judgment laws vary from state to state and can be complex. If you’re facing a foreclosure, it’s important to understand how the law works in your state. To find out more, consider talking to a knowledgeable foreclosure lawyer. When homeowners decide to let their upside down properties go into foreclosure they typically stop caring for the properties physical condition. Repairs are deferred unless absolutely necessary. After a homeowner abandons his house, as is often the case in pending foreclosures, maintenance stops. Grass and weeds grow wild, electric service stops and air conditioning is turned off. Lack of grounds and building maintenance often results in violations of local building codes. Code violations can result in fines, and violations under Utah building codes often have daily penalties.
A foreclosure and subsequent bank sale resolves many assessments against the foreclosed property including real estate taxes and association dues. Code enforcement fines are not necessarily solved by foreclosure. Under Florida law, homeowners are personally liable for code enforcement fines. A homeowner who vacates his home prior to foreclosure may be exposing himself to personal liability to local government fines that follow the homeowner after the foreclosure sale. People do not want to spend money maintaining a home they are trying to give back to the bank. However, your home is your responsibility as long as legal title in your name. Allowing your home to become an eyesore will invite neighbour’s complaints, code enforcement actions, and expensive fines. Foreclosure sales can be a great find. The mortgage holder, usually a bank, doesn’t want to take the time to go through the normal property sale process. And they will commonly accept less than the property’s face value. However, with these cost savings come potential headaches. Another lender, the original borrower, or even the government can make the process of removing foreclosure title defects difficult. With the right preparation, many of these hidden foreclosure title defects can be erased relatively easily or avoided all together. But, many buyers of foreclosure properties fail to take the precautions necessary to avoid many of these common problems. As a result, what was originally a great deal turns into a stressful situation.
A foreclosure is a legal process. Essentially, a party that has filed a lien against a property attempts to recover the balance owed to the party. They do this by forcing the sale of the property. After a foreclosure complaint has been filed, the owner has 20 days to respond to the foreclosure. They must show why the property should not be foreclosed on. Once a judgment of foreclosure is rendered, the Court orders a sale of the property. After all the lien holders are paid, any remaining funds from the sale go to the property owner. Almost inevitably, the third party buyer will then be brought in as a party to the banks own foreclosure proceeding. At that point, the buyer can either pay the remaining debt on the property to prevent the bank’s own foreclosure sale (called “Right of Redemption”), or sue to get their money back. However, the buyer purchased the property before a bank could file their own foreclosure complaint. The bank then foreclosed on the property. As the Peeler case demonstrates, third party purchasers do not have a strong leg to stand on if their foreclosure sale is subordinate to another lien.
However, even if the purchased property does not have a superior mortgage, there is other less common and unexpected title defects that can arise when a third party seeks to purchase a foreclosed property. Even if all the proper parties are listed in the lender’s foreclosure suit, the purchaser must still make sure the plaintiff lender has used the procedures set out to supply notice to any unknown heirs or spouses of the pending foreclosure action while also ensuring an Administrator Ad item has been appointed. The foreclosing plaintiff’s failure to appoint an Administrator Ad Litem or follow the proper notice procedures are common mistakes that can drag out the foreclosure process and thus prolong a purchaser’s receipt of title for the property. Also, this process of representing the interests of unnamed parties would further assist in any quiet title action to further eliminate anyone else’s claim to the property. If the property has any of these liens, title for any purchaser in a foreclosure action cannot be secure until these time periods have elapsed. A public records search using the borrower’s name (or preferably social security number if available to avoid any overlap with similar names) should show any outstanding federal liens and allow a purchaser to dodge a major headache. Up until 2013, local municipalities could pass ordinances making liens based on municipal code violations superior to mortgages, regardless of the order they were filed. This was important because the relevant city could record a lien on a property after the Lis Pendens (the official document notifying the public that there is a claim against a certain property) has been recorded, but before the purchaser received the Certificate of Title.
Prior to 2013, a property could have a large amount of fees accumulated for code violations without the purchaser’s knowledge. And because of the priority given to these liens under the local ordinances, the foreclosure action would be delayed until the city was paid. Probably the most likely reason for a delay in a foreclosure sale are problems initiated by the borrower. Prior to the purchaser receiving the Certification of Title, the borrower can make all sorts of objections to the foreclosure sale, or worse, appeal a procedural or substantive invalidation of a valid defence. The appeals process, even if frivolous, can take time and money that could defeat the purpose of purchasing the property. Until the sale is complete, the borrower can also use bankruptcy as a way to delay the foreclosure process. If a borrower were to declare bankruptcy, an automatic stay occurs which can freeze lawsuits filed against a foreclosed upon property. Although the foreclosure process will likely conclude eventually, bankruptcy can delay the foreclosure process almost indefinitely. Similar to a borrower appealing a court’s decision to overrule an objection to a foreclosure sale, bankruptcy gives the borrower the ability to interfere with a foreclosure sale. Although the purchaser would likely win the fight, the delay and costs may make the fight not worth having. While the deck may be slightly stacked against a third party purchaser, all is not lost. For example, if the borrower filed bankruptcy after the sale of the foreclosed upon property, the automatic stay would not affect the sale of the property. But, if bankruptcy was properly filed before the sale of the property was completed, the purchaser would only be entitled to receiving whatever funds were given prior to the declaration of bankruptcy. Regardless, a person interested in purchasing a foreclosed upon property would be wise to include the possibility of prolonged litigation while doing their cost/benefit analysis of whether to invest in the property. Before purchasing a foreclosed property, make sure you have the full chain of title in front of you.
A simple public records request will show the current liens on the property. Also, it can help you know if the lender properly brought in all relevant parties in the foreclosure action. A purchaser should always confirm they are buying a marketable title to alleviate any issues with superiority from other liens.
Non-Judicial Foreclosure
A judicial foreclosure occurs when a court allows a lender to seize and sell a borrower’s collateral when the borrower has failed to repay the lender. The term is most often associated with real estate.
How Does Non-Judicial Foreclosure Work?
In general, there are events involved in a foreclosure (in this example, we assume the borrower has obtained a mortgage for a house from the lender). • The borrower signs a contract agreeing to repay the lender over a period of time, usually in predetermined installments. • The borrower misses one or more payments. • The lender sends the borrower one or more notices of delinquency. • The borrower and the lender try to adjust the repayment schedule so that the borrower is more likely to make at least some of the payments until he or she gets back on his feet. (This process is called special forbearance or mortgage modification.) • The borrower still misses payments. • The lender sends the borrower a notice of default and initiates foreclosure proceedings. • In a judicial foreclosure, a court confirms the amount owed to the lender and gives the borrower a set amount of time to pay up (“cure the default”). • In a non-judicial foreclosure, the loan document authorizes the lender to sell the property to recover the loan balance.
• The lender puts the property up for sale and publishes a notice of the sale in the local paper. The notice includes a description of the property, the name of the borrower, and other information. The borrower might file Chapter 13 bankruptcy to stop the foreclosure temporarily. • A public auction occurs during business hours, and the highest bidder is usually entitled to buy the property. At that point, the borrower cannot get the property back unless he or she buys it back.
Why Does Non-Judicial Foreclosure Matter?
Non-judicial foreclosures happen when a mortgage agreement has a “power of sale” clause that gives the lender the right to foreclose on a property by itself. Without that clause, the lender has to take the borrower to court in order to foreclose; hence the term. Many states require judicial foreclosures. The foreclosure process can take several months if not years, and it does long-term damage to a person’s credit report. It is important to note that foreclosure laws vary by state, and they affect the order or duration of these steps. It is also important to note that the federal Fair Debt Collection Practices Act affects foreclosure proceedings by stipulating the methods lenders can use to go after bad debts.
Pre-Foreclosure Lawyer Free Consultation
When you need legal help with pre-foreclosure in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Search And Seizure Issues And The Fourth Amendment
Utah Injury Lawyer
Attestation Clause In A Will
How To Pay Off High Interest Credit Card Debt
Reasons Parents Lose Custody Of Their Children
Family Law In Ut
from https://www.ascentlawfirm.com/post-foreclosure-liability-for-code-violations/
from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/post-foreclosure-liability-for-code-violations
0 notes
Text
Post-Foreclosure Liability For Code Violations
Federal law usually prevents the servicer from initiating a foreclosure until the borrower is more than 120 days overdue on the loan. Servicers are also, under federal law, required to work with borrowers who are having trouble making monthly payments in a “loss mitigation” process. The non-judicial foreclosure process formally begins when the trustee records a notice of default at the county recorder’s office. The notice of default gives the borrower three months to cure the default. Within ten days of recording, the trustee mails a copy of the notice of default to anyone who has requested a copy. Most deeds of trust in Utah include a request for notice, so you’ll probably get this notification. At the foreclosure sale, the property will be sold to the highest bidder, which is usually the foreclosing bank. At the sale, the bank doesn’t have to bid cash. Instead, it makes a credit bid. If the credit bid is the highest bid at the sale, the property then becomes REO.
youtube
In some states, you can redeem (repurchase) your home within a certain amount of time after the foreclosure sale. Under Utah law, however, foreclosed homeowners don’t get a right of redemption after a non-judicial foreclosure. The foreclosing bank may obtain a deficiency judgment following a non-judicial foreclosure if it files a lawsuit within three months after the foreclosure sale. The deficiency amount is limited to the difference between the borrower’s total debt and the property’s fair market value. In other states, though, you don’t have to worry about a deficiency judgment. Some states prohibit banks from suing for deficiencies under certain circumstances, like after a non-judicial foreclosure. Loans that fit in this category are sometimes called nonrecourse loans.
If a foreclosure is non-judicial, the bank has to file a lawsuit following the foreclosure to get a deficiency judgment. In a judicial foreclosure, on the other hand, most states allow the bank to seek a deficiency judgment as part of the underlying foreclosure lawsuit; a few states require a separate lawsuit. Many states have a law that limits the amount of the deficiency to the difference between the debt and the property’s fair market value. For instance, if your state has this type of law and you owe the bank $400,000, the fair market value of your home is $350,000, and the property sells at a foreclosure sale for $300,000, a deficiency judgment will be limited to $50,000 even though the bank technically lost $100,000 (the difference between the amount owed and the sales price). You might be able to wipe out your liability to pay a deficiency judgment by filing for bankruptcy. While it might not make sense to file for bankruptcy just to discharge a deficiency judgment, if you’re considering bankruptcy to deal with multiple debts—like credit card balances, unpaid medical and utility bills, and personal loans—consider talking to a bankruptcy attorney. Deficiency judgment laws vary from state to state and can be complex. If you’re facing a foreclosure, it’s important to understand how the law works in your state. To find out more, consider talking to a knowledgeable foreclosure lawyer. When homeowners decide to let their upside down properties go into foreclosure they typically stop caring for the properties physical condition. Repairs are deferred unless absolutely necessary. After a homeowner abandons his house, as is often the case in pending foreclosures, maintenance stops. Grass and weeds grow wild, electric service stops and air conditioning is turned off. Lack of grounds and building maintenance often results in violations of local building codes. Code violations can result in fines, and violations under Utah building codes often have daily penalties.
youtube
A foreclosure and subsequent bank sale resolves many assessments against the foreclosed property including real estate taxes and association dues. Code enforcement fines are not necessarily solved by foreclosure. Under Florida law, homeowners are personally liable for code enforcement fines. A homeowner who vacates his home prior to foreclosure may be exposing himself to personal liability to local government fines that follow the homeowner after the foreclosure sale. People do not want to spend money maintaining a home they are trying to give back to the bank. However, your home is your responsibility as long as legal title in your name. Allowing your home to become an eyesore will invite neighbour’s complaints, code enforcement actions, and expensive fines. Foreclosure sales can be a great find. The mortgage holder, usually a bank, doesn’t want to take the time to go through the normal property sale process. And they will commonly accept less than the property’s face value. However, with these cost savings come potential headaches. Another lender, the original borrower, or even the government can make the process of removing foreclosure title defects difficult. With the right preparation, many of these hidden foreclosure title defects can be erased relatively easily or avoided all together. But, many buyers of foreclosure properties fail to take the precautions necessary to avoid many of these common problems. As a result, what was originally a great deal turns into a stressful situation.
A foreclosure is a legal process. Essentially, a party that has filed a lien against a property attempts to recover the balance owed to the party. They do this by forcing the sale of the property. After a foreclosure complaint has been filed, the owner has 20 days to respond to the foreclosure. They must show why the property should not be foreclosed on. Once a judgment of foreclosure is rendered, the Court orders a sale of the property. After all the lien holders are paid, any remaining funds from the sale go to the property owner. Almost inevitably, the third party buyer will then be brought in as a party to the banks own foreclosure proceeding. At that point, the buyer can either pay the remaining debt on the property to prevent the bank’s own foreclosure sale (called “Right of Redemption”), or sue to get their money back. However, the buyer purchased the property before a bank could file their own foreclosure complaint. The bank then foreclosed on the property. As the Peeler case demonstrates, third party purchasers do not have a strong leg to stand on if their foreclosure sale is subordinate to another lien.
However, even if the purchased property does not have a superior mortgage, there is other less common and unexpected title defects that can arise when a third party seeks to purchase a foreclosed property. Even if all the proper parties are listed in the lender’s foreclosure suit, the purchaser must still make sure the plaintiff lender has used the procedures set out to supply notice to any unknown heirs or spouses of the pending foreclosure action while also ensuring an Administrator Ad item has been appointed. The foreclosing plaintiff’s failure to appoint an Administrator Ad Litem or follow the proper notice procedures are common mistakes that can drag out the foreclosure process and thus prolong a purchaser’s receipt of title for the property. Also, this process of representing the interests of unnamed parties would further assist in any quiet title action to further eliminate anyone else’s claim to the property. If the property has any of these liens, title for any purchaser in a foreclosure action cannot be secure until these time periods have elapsed. A public records search using the borrower’s name (or preferably social security number if available to avoid any overlap with similar names) should show any outstanding federal liens and allow a purchaser to dodge a major headache. Up until 2013, local municipalities could pass ordinances making liens based on municipal code violations superior to mortgages, regardless of the order they were filed. This was important because the relevant city could record a lien on a property after the Lis Pendens (the official document notifying the public that there is a claim against a certain property) has been recorded, but before the purchaser received the Certificate of Title.
youtube
Prior to 2013, a property could have a large amount of fees accumulated for code violations without the purchaser’s knowledge. And because of the priority given to these liens under the local ordinances, the foreclosure action would be delayed until the city was paid. Probably the most likely reason for a delay in a foreclosure sale are problems initiated by the borrower. Prior to the purchaser receiving the Certification of Title, the borrower can make all sorts of objections to the foreclosure sale, or worse, appeal a procedural or substantive invalidation of a valid defence. The appeals process, even if frivolous, can take time and money that could defeat the purpose of purchasing the property. Until the sale is complete, the borrower can also use bankruptcy as a way to delay the foreclosure process. If a borrower were to declare bankruptcy, an automatic stay occurs which can freeze lawsuits filed against a foreclosed upon property. Although the foreclosure process will likely conclude eventually, bankruptcy can delay the foreclosure process almost indefinitely. Similar to a borrower appealing a court’s decision to overrule an objection to a foreclosure sale, bankruptcy gives the borrower the ability to interfere with a foreclosure sale. Although the purchaser would likely win the fight, the delay and costs may make the fight not worth having. While the deck may be slightly stacked against a third party purchaser, all is not lost. For example, if the borrower filed bankruptcy after the sale of the foreclosed upon property, the automatic stay would not affect the sale of the property. But, if bankruptcy was properly filed before the sale of the property was completed, the purchaser would only be entitled to receiving whatever funds were given prior to the declaration of bankruptcy. Regardless, a person interested in purchasing a foreclosed upon property would be wise to include the possibility of prolonged litigation while doing their cost/benefit analysis of whether to invest in the property. Before purchasing a foreclosed property, make sure you have the full chain of title in front of you.
A simple public records request will show the current liens on the property. Also, it can help you know if the lender properly brought in all relevant parties in the foreclosure action. A purchaser should always confirm they are buying a marketable title to alleviate any issues with superiority from other liens.
Non-Judicial Foreclosure
A judicial foreclosure occurs when a court allows a lender to seize and sell a borrower’s collateral when the borrower has failed to repay the lender. The term is most often associated with real estate.
How Does Non-Judicial Foreclosure Work?
In general, there are events involved in a foreclosure (in this example, we assume the borrower has obtained a mortgage for a house from the lender). • The borrower signs a contract agreeing to repay the lender over a period of time, usually in predetermined installments. • The borrower misses one or more payments. • The lender sends the borrower one or more notices of delinquency. • The borrower and the lender try to adjust the repayment schedule so that the borrower is more likely to make at least some of the payments until he or she gets back on his feet. (This process is called special forbearance or mortgage modification.) • The borrower still misses payments. • The lender sends the borrower a notice of default and initiates foreclosure proceedings. • In a judicial foreclosure, a court confirms the amount owed to the lender and gives the borrower a set amount of time to pay up (“cure the default”). • In a non-judicial foreclosure, the loan document authorizes the lender to sell the property to recover the loan balance.
youtube
• The lender puts the property up for sale and publishes a notice of the sale in the local paper. The notice includes a description of the property, the name of the borrower, and other information. The borrower might file Chapter 13 bankruptcy to stop the foreclosure temporarily. • A public auction occurs during business hours, and the highest bidder is usually entitled to buy the property. At that point, the borrower cannot get the property back unless he or she buys it back.
Why Does Non-Judicial Foreclosure Matter?
Non-judicial foreclosures happen when a mortgage agreement has a “power of sale” clause that gives the lender the right to foreclose on a property by itself. Without that clause, the lender has to take the borrower to court in order to foreclose; hence the term. Many states require judicial foreclosures. The foreclosure process can take several months if not years, and it does long-term damage to a person’s credit report. It is important to note that foreclosure laws vary by state, and they affect the order or duration of these steps. It is also important to note that the federal Fair Debt Collection Practices Act affects foreclosure proceedings by stipulating the methods lenders can use to go after bad debts.
Pre-Foreclosure Lawyer Free Consultation
When you need legal help with pre-foreclosure in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
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Source: https://www.ascentlawfirm.com/post-foreclosure-liability-for-code-violations/
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Post-Foreclosure Liability For Code Violations
Federal law usually prevents the servicer from initiating a foreclosure until the borrower is more than 120 days overdue on the loan. Servicers are also, under federal law, required to work with borrowers who are having trouble making monthly payments in a “loss mitigation” process. The non-judicial foreclosure process formally begins when the trustee records a notice of default at the county recorder’s office. The notice of default gives the borrower three months to cure the default. Within ten days of recording, the trustee mails a copy of the notice of default to anyone who has requested a copy. Most deeds of trust in Utah include a request for notice, so you’ll probably get this notification. At the foreclosure sale, the property will be sold to the highest bidder, which is usually the foreclosing bank. At the sale, the bank doesn’t have to bid cash. Instead, it makes a credit bid. If the credit bid is the highest bid at the sale, the property then becomes REO.
youtube
In some states, you can redeem (repurchase) your home within a certain amount of time after the foreclosure sale. Under Utah law, however, foreclosed homeowners don’t get a right of redemption after a non-judicial foreclosure. The foreclosing bank may obtain a deficiency judgment following a non-judicial foreclosure if it files a lawsuit within three months after the foreclosure sale. The deficiency amount is limited to the difference between the borrower’s total debt and the property’s fair market value. In other states, though, you don’t have to worry about a deficiency judgment. Some states prohibit banks from suing for deficiencies under certain circumstances, like after a non-judicial foreclosure. Loans that fit in this category are sometimes called nonrecourse loans.
If a foreclosure is non-judicial, the bank has to file a lawsuit following the foreclosure to get a deficiency judgment. In a judicial foreclosure, on the other hand, most states allow the bank to seek a deficiency judgment as part of the underlying foreclosure lawsuit; a few states require a separate lawsuit. Many states have a law that limits the amount of the deficiency to the difference between the debt and the property’s fair market value. For instance, if your state has this type of law and you owe the bank $400,000, the fair market value of your home is $350,000, and the property sells at a foreclosure sale for $300,000, a deficiency judgment will be limited to $50,000 even though the bank technically lost $100,000 (the difference between the amount owed and the sales price). You might be able to wipe out your liability to pay a deficiency judgment by filing for bankruptcy. While it might not make sense to file for bankruptcy just to discharge a deficiency judgment, if you’re considering bankruptcy to deal with multiple debts—like credit card balances, unpaid medical and utility bills, and personal loans—consider talking to a bankruptcy attorney. Deficiency judgment laws vary from state to state and can be complex. If you’re facing a foreclosure, it’s important to understand how the law works in your state. To find out more, consider talking to a knowledgeable foreclosure lawyer. When homeowners decide to let their upside down properties go into foreclosure they typically stop caring for the properties physical condition. Repairs are deferred unless absolutely necessary. After a homeowner abandons his house, as is often the case in pending foreclosures, maintenance stops. Grass and weeds grow wild, electric service stops and air conditioning is turned off. Lack of grounds and building maintenance often results in violations of local building codes. Code violations can result in fines, and violations under Utah building codes often have daily penalties.
youtube
A foreclosure and subsequent bank sale resolves many assessments against the foreclosed property including real estate taxes and association dues. Code enforcement fines are not necessarily solved by foreclosure. Under Florida law, homeowners are personally liable for code enforcement fines. A homeowner who vacates his home prior to foreclosure may be exposing himself to personal liability to local government fines that follow the homeowner after the foreclosure sale. People do not want to spend money maintaining a home they are trying to give back to the bank. However, your home is your responsibility as long as legal title in your name. Allowing your home to become an eyesore will invite neighbour’s complaints, code enforcement actions, and expensive fines. Foreclosure sales can be a great find. The mortgage holder, usually a bank, doesn’t want to take the time to go through the normal property sale process. And they will commonly accept less than the property’s face value. However, with these cost savings come potential headaches. Another lender, the original borrower, or even the government can make the process of removing foreclosure title defects difficult. With the right preparation, many of these hidden foreclosure title defects can be erased relatively easily or avoided all together. But, many buyers of foreclosure properties fail to take the precautions necessary to avoid many of these common problems. As a result, what was originally a great deal turns into a stressful situation.
A foreclosure is a legal process. Essentially, a party that has filed a lien against a property attempts to recover the balance owed to the party. They do this by forcing the sale of the property. After a foreclosure complaint has been filed, the owner has 20 days to respond to the foreclosure. They must show why the property should not be foreclosed on. Once a judgment of foreclosure is rendered, the Court orders a sale of the property. After all the lien holders are paid, any remaining funds from the sale go to the property owner. Almost inevitably, the third party buyer will then be brought in as a party to the banks own foreclosure proceeding. At that point, the buyer can either pay the remaining debt on the property to prevent the bank’s own foreclosure sale (called “Right of Redemption”), or sue to get their money back. However, the buyer purchased the property before a bank could file their own foreclosure complaint. The bank then foreclosed on the property. As the Peeler case demonstrates, third party purchasers do not have a strong leg to stand on if their foreclosure sale is subordinate to another lien.
However, even if the purchased property does not have a superior mortgage, there is other less common and unexpected title defects that can arise when a third party seeks to purchase a foreclosed property. Even if all the proper parties are listed in the lender’s foreclosure suit, the purchaser must still make sure the plaintiff lender has used the procedures set out to supply notice to any unknown heirs or spouses of the pending foreclosure action while also ensuring an Administrator Ad item has been appointed. The foreclosing plaintiff’s failure to appoint an Administrator Ad Litem or follow the proper notice procedures are common mistakes that can drag out the foreclosure process and thus prolong a purchaser’s receipt of title for the property. Also, this process of representing the interests of unnamed parties would further assist in any quiet title action to further eliminate anyone else’s claim to the property. If the property has any of these liens, title for any purchaser in a foreclosure action cannot be secure until these time periods have elapsed. A public records search using the borrower’s name (or preferably social security number if available to avoid any overlap with similar names) should show any outstanding federal liens and allow a purchaser to dodge a major headache. Up until 2013, local municipalities could pass ordinances making liens based on municipal code violations superior to mortgages, regardless of the order they were filed. This was important because the relevant city could record a lien on a property after the Lis Pendens (the official document notifying the public that there is a claim against a certain property) has been recorded, but before the purchaser received the Certificate of Title.
youtube
Prior to 2013, a property could have a large amount of fees accumulated for code violations without the purchaser’s knowledge. And because of the priority given to these liens under the local ordinances, the foreclosure action would be delayed until the city was paid. Probably the most likely reason for a delay in a foreclosure sale are problems initiated by the borrower. Prior to the purchaser receiving the Certification of Title, the borrower can make all sorts of objections to the foreclosure sale, or worse, appeal a procedural or substantive invalidation of a valid defence. The appeals process, even if frivolous, can take time and money that could defeat the purpose of purchasing the property. Until the sale is complete, the borrower can also use bankruptcy as a way to delay the foreclosure process. If a borrower were to declare bankruptcy, an automatic stay occurs which can freeze lawsuits filed against a foreclosed upon property. Although the foreclosure process will likely conclude eventually, bankruptcy can delay the foreclosure process almost indefinitely. Similar to a borrower appealing a court’s decision to overrule an objection to a foreclosure sale, bankruptcy gives the borrower the ability to interfere with a foreclosure sale. Although the purchaser would likely win the fight, the delay and costs may make the fight not worth having. While the deck may be slightly stacked against a third party purchaser, all is not lost. For example, if the borrower filed bankruptcy after the sale of the foreclosed upon property, the automatic stay would not affect the sale of the property. But, if bankruptcy was properly filed before the sale of the property was completed, the purchaser would only be entitled to receiving whatever funds were given prior to the declaration of bankruptcy. Regardless, a person interested in purchasing a foreclosed upon property would be wise to include the possibility of prolonged litigation while doing their cost/benefit analysis of whether to invest in the property. Before purchasing a foreclosed property, make sure you have the full chain of title in front of you.
A simple public records request will show the current liens on the property. Also, it can help you know if the lender properly brought in all relevant parties in the foreclosure action. A purchaser should always confirm they are buying a marketable title to alleviate any issues with superiority from other liens.
Non-Judicial Foreclosure
A judicial foreclosure occurs when a court allows a lender to seize and sell a borrower’s collateral when the borrower has failed to repay the lender. The term is most often associated with real estate.
How Does Non-Judicial Foreclosure Work?
In general, there are events involved in a foreclosure (in this example, we assume the borrower has obtained a mortgage for a house from the lender). • The borrower signs a contract agreeing to repay the lender over a period of time, usually in predetermined installments. • The borrower misses one or more payments. • The lender sends the borrower one or more notices of delinquency. • The borrower and the lender try to adjust the repayment schedule so that the borrower is more likely to make at least some of the payments until he or she gets back on his feet. (This process is called special forbearance or mortgage modification.) • The borrower still misses payments. • The lender sends the borrower a notice of default and initiates foreclosure proceedings. • In a judicial foreclosure, a court confirms the amount owed to the lender and gives the borrower a set amount of time to pay up (“cure the default”). • In a non-judicial foreclosure, the loan document authorizes the lender to sell the property to recover the loan balance.
youtube
• The lender puts the property up for sale and publishes a notice of the sale in the local paper. The notice includes a description of the property, the name of the borrower, and other information. The borrower might file Chapter 13 bankruptcy to stop the foreclosure temporarily. • A public auction occurs during business hours, and the highest bidder is usually entitled to buy the property. At that point, the borrower cannot get the property back unless he or she buys it back.
Why Does Non-Judicial Foreclosure Matter?
Non-judicial foreclosures happen when a mortgage agreement has a “power of sale” clause that gives the lender the right to foreclose on a property by itself. Without that clause, the lender has to take the borrower to court in order to foreclose; hence the term. Many states require judicial foreclosures. The foreclosure process can take several months if not years, and it does long-term damage to a person’s credit report. It is important to note that foreclosure laws vary by state, and they affect the order or duration of these steps. It is also important to note that the federal Fair Debt Collection Practices Act affects foreclosure proceedings by stipulating the methods lenders can use to go after bad debts.
Pre-Foreclosure Lawyer Free Consultation
When you need legal help with pre-foreclosure in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Search And Seizure Issues And The Fourth Amendment
Utah Injury Lawyer
Attestation Clause In A Will
How To Pay Off High Interest Credit Card Debt
Reasons Parents Lose Custody Of Their Children
Family Law In Ut
from Michael Anderson https://www.ascentlawfirm.com/post-foreclosure-liability-for-code-violations/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/619959048273543168
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Text
Post-Foreclosure Liability For Code Violations
Federal law usually prevents the servicer from initiating a foreclosure until the borrower is more than 120 days overdue on the loan. Servicers are also, under federal law, required to work with borrowers who are having trouble making monthly payments in a “loss mitigation” process. The non-judicial foreclosure process formally begins when the trustee records a notice of default at the county recorder’s office. The notice of default gives the borrower three months to cure the default. Within ten days of recording, the trustee mails a copy of the notice of default to anyone who has requested a copy. Most deeds of trust in Utah include a request for notice, so you’ll probably get this notification. At the foreclosure sale, the property will be sold to the highest bidder, which is usually the foreclosing bank. At the sale, the bank doesn’t have to bid cash. Instead, it makes a credit bid. If the credit bid is the highest bid at the sale, the property then becomes REO.
youtube
In some states, you can redeem (repurchase) your home within a certain amount of time after the foreclosure sale. Under Utah law, however, foreclosed homeowners don’t get a right of redemption after a non-judicial foreclosure. The foreclosing bank may obtain a deficiency judgment following a non-judicial foreclosure if it files a lawsuit within three months after the foreclosure sale. The deficiency amount is limited to the difference between the borrower’s total debt and the property’s fair market value. In other states, though, you don’t have to worry about a deficiency judgment. Some states prohibit banks from suing for deficiencies under certain circumstances, like after a non-judicial foreclosure. Loans that fit in this category are sometimes called nonrecourse loans.
If a foreclosure is non-judicial, the bank has to file a lawsuit following the foreclosure to get a deficiency judgment. In a judicial foreclosure, on the other hand, most states allow the bank to seek a deficiency judgment as part of the underlying foreclosure lawsuit; a few states require a separate lawsuit. Many states have a law that limits the amount of the deficiency to the difference between the debt and the property’s fair market value. For instance, if your state has this type of law and you owe the bank $400,000, the fair market value of your home is $350,000, and the property sells at a foreclosure sale for $300,000, a deficiency judgment will be limited to $50,000 even though the bank technically lost $100,000 (the difference between the amount owed and the sales price). You might be able to wipe out your liability to pay a deficiency judgment by filing for bankruptcy. While it might not make sense to file for bankruptcy just to discharge a deficiency judgment, if you’re considering bankruptcy to deal with multiple debts—like credit card balances, unpaid medical and utility bills, and personal loans—consider talking to a bankruptcy attorney. Deficiency judgment laws vary from state to state and can be complex. If you’re facing a foreclosure, it’s important to understand how the law works in your state. To find out more, consider talking to a knowledgeable foreclosure lawyer. When homeowners decide to let their upside down properties go into foreclosure they typically stop caring for the properties physical condition. Repairs are deferred unless absolutely necessary. After a homeowner abandons his house, as is often the case in pending foreclosures, maintenance stops. Grass and weeds grow wild, electric service stops and air conditioning is turned off. Lack of grounds and building maintenance often results in violations of local building codes. Code violations can result in fines, and violations under Utah building codes often have daily penalties.
youtube
A foreclosure and subsequent bank sale resolves many assessments against the foreclosed property including real estate taxes and association dues. Code enforcement fines are not necessarily solved by foreclosure. Under Florida law, homeowners are personally liable for code enforcement fines. A homeowner who vacates his home prior to foreclosure may be exposing himself to personal liability to local government fines that follow the homeowner after the foreclosure sale. People do not want to spend money maintaining a home they are trying to give back to the bank. However, your home is your responsibility as long as legal title in your name. Allowing your home to become an eyesore will invite neighbour’s complaints, code enforcement actions, and expensive fines. Foreclosure sales can be a great find. The mortgage holder, usually a bank, doesn’t want to take the time to go through the normal property sale process. And they will commonly accept less than the property’s face value. However, with these cost savings come potential headaches. Another lender, the original borrower, or even the government can make the process of removing foreclosure title defects difficult. With the right preparation, many of these hidden foreclosure title defects can be erased relatively easily or avoided all together. But, many buyers of foreclosure properties fail to take the precautions necessary to avoid many of these common problems. As a result, what was originally a great deal turns into a stressful situation.
A foreclosure is a legal process. Essentially, a party that has filed a lien against a property attempts to recover the balance owed to the party. They do this by forcing the sale of the property. After a foreclosure complaint has been filed, the owner has 20 days to respond to the foreclosure. They must show why the property should not be foreclosed on. Once a judgment of foreclosure is rendered, the Court orders a sale of the property. After all the lien holders are paid, any remaining funds from the sale go to the property owner. Almost inevitably, the third party buyer will then be brought in as a party to the banks own foreclosure proceeding. At that point, the buyer can either pay the remaining debt on the property to prevent the bank’s own foreclosure sale (called “Right of Redemption”), or sue to get their money back. However, the buyer purchased the property before a bank could file their own foreclosure complaint. The bank then foreclosed on the property. As the Peeler case demonstrates, third party purchasers do not have a strong leg to stand on if their foreclosure sale is subordinate to another lien.
However, even if the purchased property does not have a superior mortgage, there is other less common and unexpected title defects that can arise when a third party seeks to purchase a foreclosed property. Even if all the proper parties are listed in the lender’s foreclosure suit, the purchaser must still make sure the plaintiff lender has used the procedures set out to supply notice to any unknown heirs or spouses of the pending foreclosure action while also ensuring an Administrator Ad item has been appointed. The foreclosing plaintiff’s failure to appoint an Administrator Ad Litem or follow the proper notice procedures are common mistakes that can drag out the foreclosure process and thus prolong a purchaser’s receipt of title for the property. Also, this process of representing the interests of unnamed parties would further assist in any quiet title action to further eliminate anyone else’s claim to the property. If the property has any of these liens, title for any purchaser in a foreclosure action cannot be secure until these time periods have elapsed. A public records search using the borrower’s name (or preferably social security number if available to avoid any overlap with similar names) should show any outstanding federal liens and allow a purchaser to dodge a major headache. Up until 2013, local municipalities could pass ordinances making liens based on municipal code violations superior to mortgages, regardless of the order they were filed. This was important because the relevant city could record a lien on a property after the Lis Pendens (the official document notifying the public that there is a claim against a certain property) has been recorded, but before the purchaser received the Certificate of Title.
youtube
Prior to 2013, a property could have a large amount of fees accumulated for code violations without the purchaser’s knowledge. And because of the priority given to these liens under the local ordinances, the foreclosure action would be delayed until the city was paid. Probably the most likely reason for a delay in a foreclosure sale are problems initiated by the borrower. Prior to the purchaser receiving the Certification of Title, the borrower can make all sorts of objections to the foreclosure sale, or worse, appeal a procedural or substantive invalidation of a valid defence. The appeals process, even if frivolous, can take time and money that could defeat the purpose of purchasing the property. Until the sale is complete, the borrower can also use bankruptcy as a way to delay the foreclosure process. If a borrower were to declare bankruptcy, an automatic stay occurs which can freeze lawsuits filed against a foreclosed upon property. Although the foreclosure process will likely conclude eventually, bankruptcy can delay the foreclosure process almost indefinitely. Similar to a borrower appealing a court’s decision to overrule an objection to a foreclosure sale, bankruptcy gives the borrower the ability to interfere with a foreclosure sale. Although the purchaser would likely win the fight, the delay and costs may make the fight not worth having. While the deck may be slightly stacked against a third party purchaser, all is not lost. For example, if the borrower filed bankruptcy after the sale of the foreclosed upon property, the automatic stay would not affect the sale of the property. But, if bankruptcy was properly filed before the sale of the property was completed, the purchaser would only be entitled to receiving whatever funds were given prior to the declaration of bankruptcy. Regardless, a person interested in purchasing a foreclosed upon property would be wise to include the possibility of prolonged litigation while doing their cost/benefit analysis of whether to invest in the property. Before purchasing a foreclosed property, make sure you have the full chain of title in front of you.
A simple public records request will show the current liens on the property. Also, it can help you know if the lender properly brought in all relevant parties in the foreclosure action. A purchaser should always confirm they are buying a marketable title to alleviate any issues with superiority from other liens.
Non-Judicial Foreclosure
A judicial foreclosure occurs when a court allows a lender to seize and sell a borrower’s collateral when the borrower has failed to repay the lender. The term is most often associated with real estate.
How Does Non-Judicial Foreclosure Work?
In general, there are events involved in a foreclosure (in this example, we assume the borrower has obtained a mortgage for a house from the lender). • The borrower signs a contract agreeing to repay the lender over a period of time, usually in predetermined installments. • The borrower misses one or more payments. • The lender sends the borrower one or more notices of delinquency. • The borrower and the lender try to adjust the repayment schedule so that the borrower is more likely to make at least some of the payments until he or she gets back on his feet. (This process is called special forbearance or mortgage modification.) • The borrower still misses payments. • The lender sends the borrower a notice of default and initiates foreclosure proceedings. • In a judicial foreclosure, a court confirms the amount owed to the lender and gives the borrower a set amount of time to pay up (“cure the default”). • In a non-judicial foreclosure, the loan document authorizes the lender to sell the property to recover the loan balance.
youtube
• The lender puts the property up for sale and publishes a notice of the sale in the local paper. The notice includes a description of the property, the name of the borrower, and other information. The borrower might file Chapter 13 bankruptcy to stop the foreclosure temporarily. • A public auction occurs during business hours, and the highest bidder is usually entitled to buy the property. At that point, the borrower cannot get the property back unless he or she buys it back.
Why Does Non-Judicial Foreclosure Matter?
Non-judicial foreclosures happen when a mortgage agreement has a “power of sale” clause that gives the lender the right to foreclose on a property by itself. Without that clause, the lender has to take the borrower to court in order to foreclose; hence the term. Many states require judicial foreclosures. The foreclosure process can take several months if not years, and it does long-term damage to a person’s credit report. It is important to note that foreclosure laws vary by state, and they affect the order or duration of these steps. It is also important to note that the federal Fair Debt Collection Practices Act affects foreclosure proceedings by stipulating the methods lenders can use to go after bad debts.
Pre-Foreclosure Lawyer Free Consultation
When you need legal help with pre-foreclosure in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Post-Foreclosure Liability For Code Violations
Federal law usually prevents the servicer from initiating a foreclosure until the borrower is more than 120 days overdue on the loan. Servicers are also, under federal law, required to work with borrowers who are having trouble making monthly payments in a “loss mitigation” process. The non-judicial foreclosure process formally begins when the trustee records a notice of default at the county recorder’s office. The notice of default gives the borrower three months to cure the default. Within ten days of recording, the trustee mails a copy of the notice of default to anyone who has requested a copy. Most deeds of trust in Utah include a request for notice, so you’ll probably get this notification. At the foreclosure sale, the property will be sold to the highest bidder, which is usually the foreclosing bank. At the sale, the bank doesn’t have to bid cash. Instead, it makes a credit bid. If the credit bid is the highest bid at the sale, the property then becomes REO.
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In some states, you can redeem (repurchase) your home within a certain amount of time after the foreclosure sale. Under Utah law, however, foreclosed homeowners don’t get a right of redemption after a non-judicial foreclosure. The foreclosing bank may obtain a deficiency judgment following a non-judicial foreclosure if it files a lawsuit within three months after the foreclosure sale. The deficiency amount is limited to the difference between the borrower’s total debt and the property’s fair market value. In other states, though, you don’t have to worry about a deficiency judgment. Some states prohibit banks from suing for deficiencies under certain circumstances, like after a non-judicial foreclosure. Loans that fit in this category are sometimes called nonrecourse loans.
If a foreclosure is non-judicial, the bank has to file a lawsuit following the foreclosure to get a deficiency judgment. In a judicial foreclosure, on the other hand, most states allow the bank to seek a deficiency judgment as part of the underlying foreclosure lawsuit; a few states require a separate lawsuit. Many states have a law that limits the amount of the deficiency to the difference between the debt and the property’s fair market value. For instance, if your state has this type of law and you owe the bank $400,000, the fair market value of your home is $350,000, and the property sells at a foreclosure sale for $300,000, a deficiency judgment will be limited to $50,000 even though the bank technically lost $100,000 (the difference between the amount owed and the sales price). You might be able to wipe out your liability to pay a deficiency judgment by filing for bankruptcy. While it might not make sense to file for bankruptcy just to discharge a deficiency judgment, if you’re considering bankruptcy to deal with multiple debts—like credit card balances, unpaid medical and utility bills, and personal loans—consider talking to a bankruptcy attorney. Deficiency judgment laws vary from state to state and can be complex. If you’re facing a foreclosure, it’s important to understand how the law works in your state. To find out more, consider talking to a knowledgeable foreclosure lawyer. When homeowners decide to let their upside down properties go into foreclosure they typically stop caring for the properties physical condition. Repairs are deferred unless absolutely necessary. After a homeowner abandons his house, as is often the case in pending foreclosures, maintenance stops. Grass and weeds grow wild, electric service stops and air conditioning is turned off. Lack of grounds and building maintenance often results in violations of local building codes. Code violations can result in fines, and violations under Utah building codes often have daily penalties.
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A foreclosure and subsequent bank sale resolves many assessments against the foreclosed property including real estate taxes and association dues. Code enforcement fines are not necessarily solved by foreclosure. Under Florida law, homeowners are personally liable for code enforcement fines. A homeowner who vacates his home prior to foreclosure may be exposing himself to personal liability to local government fines that follow the homeowner after the foreclosure sale. People do not want to spend money maintaining a home they are trying to give back to the bank. However, your home is your responsibility as long as legal title in your name. Allowing your home to become an eyesore will invite neighbour’s complaints, code enforcement actions, and expensive fines. Foreclosure sales can be a great find. The mortgage holder, usually a bank, doesn’t want to take the time to go through the normal property sale process. And they will commonly accept less than the property’s face value. However, with these cost savings come potential headaches. Another lender, the original borrower, or even the government can make the process of removing foreclosure title defects difficult. With the right preparation, many of these hidden foreclosure title defects can be erased relatively easily or avoided all together. But, many buyers of foreclosure properties fail to take the precautions necessary to avoid many of these common problems. As a result, what was originally a great deal turns into a stressful situation.
A foreclosure is a legal process. Essentially, a party that has filed a lien against a property attempts to recover the balance owed to the party. They do this by forcing the sale of the property. After a foreclosure complaint has been filed, the owner has 20 days to respond to the foreclosure. They must show why the property should not be foreclosed on. Once a judgment of foreclosure is rendered, the Court orders a sale of the property. After all the lien holders are paid, any remaining funds from the sale go to the property owner. Almost inevitably, the third party buyer will then be brought in as a party to the banks own foreclosure proceeding. At that point, the buyer can either pay the remaining debt on the property to prevent the bank’s own foreclosure sale (called “Right of Redemption”), or sue to get their money back. However, the buyer purchased the property before a bank could file their own foreclosure complaint. The bank then foreclosed on the property. As the Peeler case demonstrates, third party purchasers do not have a strong leg to stand on if their foreclosure sale is subordinate to another lien.
However, even if the purchased property does not have a superior mortgage, there is other less common and unexpected title defects that can arise when a third party seeks to purchase a foreclosed property. Even if all the proper parties are listed in the lender’s foreclosure suit, the purchaser must still make sure the plaintiff lender has used the procedures set out to supply notice to any unknown heirs or spouses of the pending foreclosure action while also ensuring an Administrator Ad item has been appointed. The foreclosing plaintiff’s failure to appoint an Administrator Ad Litem or follow the proper notice procedures are common mistakes that can drag out the foreclosure process and thus prolong a purchaser’s receipt of title for the property. Also, this process of representing the interests of unnamed parties would further assist in any quiet title action to further eliminate anyone else’s claim to the property. If the property has any of these liens, title for any purchaser in a foreclosure action cannot be secure until these time periods have elapsed. A public records search using the borrower’s name (or preferably social security number if available to avoid any overlap with similar names) should show any outstanding federal liens and allow a purchaser to dodge a major headache. Up until 2013, local municipalities could pass ordinances making liens based on municipal code violations superior to mortgages, regardless of the order they were filed. This was important because the relevant city could record a lien on a property after the Lis Pendens (the official document notifying the public that there is a claim against a certain property) has been recorded, but before the purchaser received the Certificate of Title.
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Prior to 2013, a property could have a large amount of fees accumulated for code violations without the purchaser’s knowledge. And because of the priority given to these liens under the local ordinances, the foreclosure action would be delayed until the city was paid. Probably the most likely reason for a delay in a foreclosure sale are problems initiated by the borrower. Prior to the purchaser receiving the Certification of Title, the borrower can make all sorts of objections to the foreclosure sale, or worse, appeal a procedural or substantive invalidation of a valid defence. The appeals process, even if frivolous, can take time and money that could defeat the purpose of purchasing the property. Until the sale is complete, the borrower can also use bankruptcy as a way to delay the foreclosure process. If a borrower were to declare bankruptcy, an automatic stay occurs which can freeze lawsuits filed against a foreclosed upon property. Although the foreclosure process will likely conclude eventually, bankruptcy can delay the foreclosure process almost indefinitely. Similar to a borrower appealing a court’s decision to overrule an objection to a foreclosure sale, bankruptcy gives the borrower the ability to interfere with a foreclosure sale. Although the purchaser would likely win the fight, the delay and costs may make the fight not worth having. While the deck may be slightly stacked against a third party purchaser, all is not lost. For example, if the borrower filed bankruptcy after the sale of the foreclosed upon property, the automatic stay would not affect the sale of the property. But, if bankruptcy was properly filed before the sale of the property was completed, the purchaser would only be entitled to receiving whatever funds were given prior to the declaration of bankruptcy. Regardless, a person interested in purchasing a foreclosed upon property would be wise to include the possibility of prolonged litigation while doing their cost/benefit analysis of whether to invest in the property. Before purchasing a foreclosed property, make sure you have the full chain of title in front of you.
A simple public records request will show the current liens on the property. Also, it can help you know if the lender properly brought in all relevant parties in the foreclosure action. A purchaser should always confirm they are buying a marketable title to alleviate any issues with superiority from other liens.
Non-Judicial Foreclosure
A judicial foreclosure occurs when a court allows a lender to seize and sell a borrower’s collateral when the borrower has failed to repay the lender. The term is most often associated with real estate.
How Does Non-Judicial Foreclosure Work?
In general, there are events involved in a foreclosure (in this example, we assume the borrower has obtained a mortgage for a house from the lender). • The borrower signs a contract agreeing to repay the lender over a period of time, usually in predetermined installments. • The borrower misses one or more payments. • The lender sends the borrower one or more notices of delinquency. • The borrower and the lender try to adjust the repayment schedule so that the borrower is more likely to make at least some of the payments until he or she gets back on his feet. (This process is called special forbearance or mortgage modification.) • The borrower still misses payments. • The lender sends the borrower a notice of default and initiates foreclosure proceedings. • In a judicial foreclosure, a court confirms the amount owed to the lender and gives the borrower a set amount of time to pay up (“cure the default”). • In a non-judicial foreclosure, the loan document authorizes the lender to sell the property to recover the loan balance.
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• The lender puts the property up for sale and publishes a notice of the sale in the local paper. The notice includes a description of the property, the name of the borrower, and other information. The borrower might file Chapter 13 bankruptcy to stop the foreclosure temporarily. • A public auction occurs during business hours, and the highest bidder is usually entitled to buy the property. At that point, the borrower cannot get the property back unless he or she buys it back.
Why Does Non-Judicial Foreclosure Matter?
Non-judicial foreclosures happen when a mortgage agreement has a “power of sale” clause that gives the lender the right to foreclose on a property by itself. Without that clause, the lender has to take the borrower to court in order to foreclose; hence the term. Many states require judicial foreclosures. The foreclosure process can take several months if not years, and it does long-term damage to a person’s credit report. It is important to note that foreclosure laws vary by state, and they affect the order or duration of these steps. It is also important to note that the federal Fair Debt Collection Practices Act affects foreclosure proceedings by stipulating the methods lenders can use to go after bad debts.
Pre-Foreclosure Lawyer Free Consultation
When you need legal help with pre-foreclosure in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
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from Michael Anderson https://www.ascentlawfirm.com/post-foreclosure-liability-for-code-violations/
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Contempt of Court in Utah Custody, Parenting and Visitation Cases
In child custody cases, a Judge or Commissioner can hold a person in contempt of court for failure to comply with or interference with a parenting time or visitation order. There are numerous penalties that can be imposed, such as jail time, fines, awards of court costs and /or attorney fees to the aggrieved party, and an order for make-up parenting time.
In addition, that denial of time and willingness to obey the orders are relevant factors the Judge or Commissioner must consider when determining what is in the best interest of the child.  Continuous and willful denial of the ordered time is a factor which may be found to be a change of circumstances, and the Judge may find that it is in the best interest of the child to change the residential parent or school placement parent.
FINES
The court can impose the following fines:
1st Offense: Up to $250
2nd Offense: Up to $500
3rd Offense: Up to $1,000
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JAIL TIME
In addition to all the other penalties, if a person is found in violation of or to have interfered with parenting time or visitation the Judge can sentence the person who is in contempt of court to jail time as follows:
1st Offense: Up to 30 days in jail
2nd Offense: Up to 60 days in jail
3rd Offense: Up to 90 days in jail
COURT COSTS
If a court finds that a person is in contempt of a custody or visitation order, the Judge or Commissioner can charge all court costs arising out of the contempt proceeding against the person in contempt.
ATTORNEY FEES
If a court finds that a person is in contempt of the orders regarding time with the child, the Judge or Commissioner can order the person in contempt to pay “any reasonable attorney’s fees of any adverse party, as determined by the court, that arose in relation to the act of contempt”.
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MAKE-UP TIME
Pursuant to a court has the authority to, but is not required to, order make-up time for the parenting time missed as a result of the acts of contempt.  Generally, if holiday parenting time was missed, then similar or identical holiday parenting time is what the court will require to be made up.  For example, if you plan to keep the child for Christmas this year, in violation of the Judge or Commissioner’s order, then chances are good you will not see your child on Christmas next year, and possibly for the next two years.
CHANGING THE CUSTODY OR VISITATION ORDER
If a person is found to be in contempt of an existing order, the Judge or Commissioner may find the parent’s willful disregard of the orders to be a change in circumstance, and may find that it is in the best interest of the child to change which parent is the residential parent or school placement parent.  The Judge or Commissioner does not do this on it’s own, but if the other parent filed a motion to change custody, or school placement parent along with his or her Motion for Contempt, the court may find that the benefit of the change outweighs the harm and give custody to the other parent.
The Judge or Commissioner should also consider, among other factors, the following matters when determining what is in the best interest of the child:
The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court;
The court should consider, among other factors, the following matters when determining what is in the best interest of the child:
Each parent’s willingness to reschedule missed parenting time and to facilitate the other parent’s parenting time rights, and with respect to a person who requested companionship or visitation, the willingness of that person to reschedule missed visitation;
Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court.
Free Consultation with Child Custody Lawyer
When you need help with visitation time, custody, or other support issues, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC8833 S. Redwood Road, Suite CWest Jordan, Utah 84088 United StatesTelephone: (801) 676-5506
Ascent Law LLC
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from Michael Anderson http://www.ascentlawfirm.com/contempt-of-court-in-utah-custody-parenting-and-visitation-cases/
from Best Utah Attorneys https://bestutahattorneys.wordpress.com/2018/03/26/contempt-of-court-in-utah-custody-parenting-and-visitation-cases/
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Enforcing Grandparent Visitation with Contempt of Court
In Utah, when grandparents have received an order of visitation from the court, they have the right to enforce their order, just like a parent.  If grandparents experience one or more occasions where they are denied their visitation, Utah law provides them with a remedy known as  contempt of court (commonly called “filing or file for contempt charges”.
Before you file for contempt of court, you must make sure that you understand your order, and what it means under Utah law. Â You should also talk to a lawyer in Utah to make sure you are doing this right. Common areas of misunderstandings are:
Transportation: who is supposed to pick up the child and who is supposed to drop the child off? Â Or are you supposed to meet at a neutral place somewhere in the middle?
Regular time vs. holiday or vacation time – which controls?
Missed time – under what circumstances do you get make up time?  How soon after do you get make-up time?
What happens if the child is ill? Â Does the visitation still occur? Â If not, is it rescheduled?
Assuming that you are NOT under any misunderstanding about your order, and the other party simply won’t obey the court’s orders, you have rights, and the parent who refused visits is subject to penalties.  Pursuant to the code if a court finds any person has denied or interfered with visitation, the court MUST award court costs and reasonable attorney fees to the party who was wronged.
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Sometimes, when people do not want to comply with a court’s order, they file a motion to change the order, hoping that if they win, then they won’t get in trouble for what they did while their motion was pending.  Unless the denial of visitation was necessary (in the eyes of the court, not the parent) to protect the child, this idea is wrong.  The law says that the court has jurisdiction to make a finding of contempt for a failure to comply with, or an interference with, a parenting time or visitation order or decree and to impose the penalties set forth in the Code in all cases in which the failure or interference is at issue even if the parenting time or visitation order or decree no longer is in effect.
Utah Temporary Restraining Orders in Divorce
In Utah, when a divorce case is filed, it is common for the court to put on a temporary restraining order.  Sometimes, the order is only put on if a party asks for it, and the order is one-sided (the party that asks for it gets the order agains the other party only).  This is currently the case in Franklin County.  In other counties, sometimes the domestic court’s local rules state that the temporary restraining order goes on as soon as the case is filed, against both parties.
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It is important to understand the nature and limitations of these orders. Â They are not domestic violence orders, although they usually instruct the parties not to harass each other. Â They do not have any provisions that will require a party to give up their guns (unlike a civil protection order / domestic violence protection order). Â There is no allegation of wrong doing necessary to get these orders. Â These orders are simply put on to protect the status quo during the divorce, so that the parties remain relatively peaceful while they wait their turn for the court to end their marriage, divide their property and debts, and make orders regarding support and children.
Among other things, temporary restraining orders usually restrain the parties from taking funds out of any of their assets except for checking accounts.  This prohibits the parties from dipping into retirement, savings or anything else to finance their divorce.  This can seriously disadvantage the party who did not plan for the divorce.  One party has all their ducks in a row and the other is unable to afford their attorney.
There are very few good solutions for this problem.  An attorney can file a motion for attorney fees, but the attorney fees are not awarded often enough to address the problem or equalize the parties’ financial power, and when the fees are awarded, the awards are often minimal compared to the need.
When people think divorce is coming, they are often afraid to financially prepare themselves for the divorce, because they are afraid that taking the money will hasten the divorce itself.  That may or may not be true.  Each client is in the best position to judge their own spouse’s potential reaction.  However, when a client believes divorce is coming, they need to understand that a temporary restraining order is coming as well, and it may take a while to get to agreement, if agreement can be reached.  By failing to prepare for divorce, and for the temporary restraining order that will soon be limiting their access to their assets, people facing divorce are taking a risk of being the disadvantaged party throughout the entire divorce.
Free Initial Consultation with a Family Lawyer
When you need help from a Utah Lawyer, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC8833 S. Redwood Road, Suite CWest Jordan, Utah 84088 United StatesTelephone: (801) 676-5506
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from Michael Anderson http://www.ascentlawfirm.com/enforcing-grandparent-visitation-with-contempt-of-court/
from Top Rated Utah Lawyer https://topratedlawyer.wordpress.com/2018/03/21/enforcing-grandparent-visitation-with-contempt-of-court/
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Henry VIII? No, let’s commission a Commission
In which I propose an alternative to bestowing on our Government massive, uncheckable legislative powers as a reward for getting us into the mess that is Brexit.
I’m a Henry VIII power, I am…
  It has been recognised for nearly five centuries that if a nation values the Rule of Law, it should not entrust its Executive (the Government) with primary legislative powers. King Henry VIII’s Statute of Proclamations, passed in 1539, an enactment that bestowed on the King the power to -
“… set forth at all times by authority of this act his proclamations, under such penalties and pains and of such sort as to his highness and his said honourable council or the more part of them shall seem necessary and requisite; and that those same shall be obeyed, observed, and kept as though they were made by act of parliament for the time in them limited, unless the king's highness dispense with them or any of them under his great seal.”
- in other words, to make proclamations having the force of law - did not long survive his death. The great lawyer, Blackstone, wrote of it as
"a statute, which was calculated to introduce the most despotic tyranny; and which must have proved fatal to the liberties of this kingdom, had it not been luckily repealed."
This despite the great efforts made by its drafter, Thomas Cromwell, to allay concerns as to its breadth by limiting its ability to interfere with existing statutory rights –
“Provided always that … nor by any proclamation to be made by virtue of this act, any acts, common laws, standing at this present time in strength and force, nor yet any lawful or laudable customs of this realm ... shall be infringed, broken, or subverted; and specially all those acts standing this hour in force which have been made in the king's highness's time;”Â
A strong constitutional principle, then. So far, in the history of our “democratic” UK, however, an honest appraisal of the relationship between Parliament and Government must lead one to the conclusion that adherence to this fundamental aspect of the separation of legislative and executive powers has been more a matter of lip service than anything, as each Government, persuaded that it, rather than the membership of the House of Commons, has the electoral mandate to dictate the content of the law, has, through preferment and the Whip (carrot and stick), treated Parliament as its legislative minion.
But the principle of Parliamentary supremacy has nonetheless remained a constitutional article of faith and governments have mostly been wary of openly disavowing it; and that has provided the space for the occasional outburst of disobedience to the Government’s will by both Houses, from which the national interest has largely profited.
Sadly, the last 30 years have seen an emboldening of the Executive, however, in what could easily be seen as a gradual re-awakening of the idea of the divine right to rule. Strangely, it wasn’t the Thatcher years that did the most damage. Thatcher had, for all her faults, a deep-rooted sense of what should and should not be got away with constitutionally (She distrusted referendums, for example: see Hansard Vol 888, column 304). Though secondary legislation bloomed like a monstrous fungus during her reign, it was her true heir, Tony Blair, charged with that most dangerous of self-beliefs, “I am right, therefore everything I do is right”, who fully embraced the idea that Parliament should legislate only in broad brush terms leaving the greatest amount of discretion where it should be: with him[1]. His successors (with the honourable exception of Gordon Brown), untroubled by his high-mindedness, seized on the relatively unfettered powers he left carelessly lying around like delinquent schoolboys finding a box of matches. Their appetite for using delegated legislative powers for controversial policy changes got them into trouble in 2015 when the House of Lords effectively blocked George Osborne’s plans to make cuts to tax credits by means of delegated legislation.
When the Government arrogantly and indignantly attempted punish the Lords’ effrontery by seeking to change the rules to limit the power of the Lords to oppose it, the Lords Select Committee on the Constitution issued this withering riposte[2]:
“Successive governments have proposed primary legislation containing broad and poorly-defined delegated powers, including Henry VIII powers, that give wide discretion to ministers—often with few indications as to how those powers should be used. This Committee and others have noted a trend whereby delegated legislation has increasingly been used to address issues of policy and principle, rather than to manage administrative and technical changes.
The reasons for this are clear. Delegated legislation cannot be amended, so there is little scope for compromise. Far less time is spent by Parliament debating delegated legislation than primary legislation, and there is little incentive for members of either House, but particularly the House of Commons, to spend their precious time debating legislation that they cannot change. Finally, established practice is that the House of Lords does not vote down delegated legislation except in exceptional circumstances. The result is that the Government can pass legislative proposals with greater ease and with less scrutiny where they are able to do so through secondary, rather than primary, legislation.
These developments have strengthened the Executive at the expense of Parliament’s legislative authority.”
Behind the Lords’ reference to Henry VIII powers lay another article of constitutional faith. It was that only primary legislation should displace primary legislation: an Act of Parliament should only be repealed or modified by another Act. A right or a duty enshrined in an Act should only be compromised by another law of equal standing.
There had, however, come into existence an exception to this, finding its form in the so-called “Henry VIII power” referred to by the Select Committee, a title which, perhaps unfairly, derives from that Statute of Proclamations that we were considering earlier. As we saw, the Statute was carefully drawn, in line with constitutional principle, not to contradict, or “subvert” existing statute law. As such, it honoured the rule that no King and no authority under the King should have the power to change law without Parliament’s scrutiny and consent.
A Henry VIII clause, however, has as its very purpose the modification or repeal of primary legislation through mere executive action.
These powers have been, understandably, a matter of concern to constitutional lawyers for some time. Only a year ago, Lord Judge, a former Lord Chief Justice issued this warning[3]:
Forgive me trying to spell out two sentences what could occupy a very large tome. It is the exclusive responsibility of Parliament to make, or amend or repeal, the laws which govern the country. It is the responsibility of the executive to govern the country in accordance with those laws. For today’s purposes I need not add the responsibility of the judiciary to ensure that all those exercising power exercise it lawfully. All this is simple enough until, exercising its legislative sovereignty, Parliament delegates part of the law-making responsibility to the executive, and when it does so retains very little more than, in reality, nominal control. That is where the crunch is found, and my concern arises.
…
Unless strictly incidental to primary legislation, every Henry VIII clause, every vague skeleton bill, is a blow to the sovereignty of Parliament. And each one is a self-inflicted blow, each one boosting the power of the executive.”
His remarks were particularly pertinent as they were made in the context of an ill-judged constitutional freak show: the European Referendum. He was not alone in foreseeing that, were the UK electorate so collectively, suicidally, stupid as to vote in favour of leaving the European Union and were the UK Government and Parliament, in response to that vote, so derelict in their duty to serve the national interest above all other considerations as to hide behind the referendum’s provision of an ostensible demonstration of “the will of the people”, the temptation for the Government then to attempt to make its own life easier by side-lining Parliament in the enormous task facing it of extricating the UK from EU-related law while preserving the very same (or slyly ditching the parts that were, politically, not to its taste) would be irresistible to its executive despotic tendencies.
In short, the Government would be inclined to present Parliament with a Bill granting it wide powers to repeal or modify existing laws currently enshrined in primary and secondary legislation. Parliament’s ability to scrutinise and amend regulations made under such powers would be severely limited. But the implications of such changes would be far-reaching, potentially abrogating rights we, the citizen-dupes of the UK, depended on.
And so it seems likely to prove. We have no yet been granted sight of the so-called “Great Repeal Bill” but informed betting is heavily on it containing such a power.
 The problem, in a nutcase…
  With the insane decision to leave the European Union, we are facing a period of potentially massive upheaval. Every aspect of our life as a nation has been affected by our association with Europe and the consistency, harmony and certainty that it brought that has enabled people and companies to do business effectively and on even terms. Â
We ought to be able to trust our politicians to act with propriety and in our best interests. Sadly, the evidence is that we can’t. We need to protect the constitution. Sadly, it seems we need to protect it from our own executive. Even with the best of intentions, Governments show themselves to be jealous of the power of others – Parliaments and the Courts - and impatient to have their way, acting in a fashion horribly reminiscent of a spoilt child - “Daddy has said I can have a pony and I want it NOW!” (“Daddy” being whatever crumby apology for a popular majority they have achieved in the polls.). We have every reason to believe that, granted the massive freedom of a Henry VIII clause to carry out the changes made necessary to reflect our isolation from Europe, they will abuse their power. They could not help themselves, could they?Â
But to force Government and Parliament to use normally legislative process to make all the changes that will be required is equally fraught. There will just be too much to do. As legal experts have warned, the amount of legislation that will be needed to cope with our leaving the EU will block up Parliament for years to come, pushing out all other legislative business.
 An alternative source of legislative change: The Law Commission
   To find a solution to the problem we need perhaps to widen our vision. While it is the normal process that governments propose legislation, to underpin their policies, there is another body that has been charged with suggesting legislative change: the Law Commission.
The Law Commission was established under the eponymous Act of Parliament, passed in 1965. It was constituted so as to be independent of government, and composed of
“…persons appearing to the Lord Chancellor to be suitably qualified by the holding of judicial office or by experience as a person having a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) or as a teacher of law in a university.”
That makes it almost as independent of political influence as the judiciary. The Act gave the Commission the following functions:
Functions of the Commission
(1) It shall be the duty of the Commission to take and keep under review all the law with which they are respectively concerned with a view to its systematic development and reform, including in particular the codification of such law, the elimination of anomalies, the repeal of obsolete and unnecessary enactments, the reduction of the number of separate enactments and generally the simplification and modernisation of the law, and for that purpose—
(a) to receive and consider any proposals for the reform of the law which may be made or referred to them;
(b) to prepare and submit to the Minister from time to time programmes for the examination of different branches of the law with a view to reform, including recommendations as to the agency (whether the Commission or another body) by which any such examination should be carried out;
(c) to undertake, pursuant to any such recommendations approved by the Minister, the examination of particular branches of the law and the formulation, by means of draft Bills or otherwise, of proposals for reform therein;
(d) to prepare from time to time at the request of the Minister comprehensive programmes of consolidation and statute law revision, and to undertake the preparation of draft Bills pursuant to any such programme approved by the Minister;
(e)to provide advice and information to government departments and other authorities or bodies concerned at the instance of the Government with proposals for the reform or amendment of any branch of the law;
(f) to obtain such information as to the legal systems of other countries as appears to the Commissioners likely to facilitate the performance of any of their functions.
A Scottish Law Commission was established to do the same for Scots Law.
In crude terms, then, the functions of the Commissions are to “clean up” the Statute Book. Though not identical to the issue we are now faced with regarding UK laws with EU aspects, the task is, I suggest, not so dissimilar.
 So a possible solution
  So, here’s my proposal.
Instead of bestowing on Government broad Henry VIII powers, Parliament should pass legislation establishing a new Commission – let’s call it for now “The United Kingdom and European Union Law Reconciliation Commission – a nice pithy title.
The Commission would be charged with the task of identifying all the legal consequentials of our divorce from Europe. But only the consequentials. The usual consultative and legislative mechanisms would remain in place to address any ambitions of Government to make substantive changes to our laws – for example the alteration of maternity rights, the dilution of our environmental protections. The Commission would concern itself solely with airbrushing our links with the EU from the Statute Book.
To achieve this, the UKEULRC would have as its first duty the systematic review of all primary and secondary legislation in force at the point when we left the EU. It would look for references to EU laws and institutions. And more broadly, it would look for those bits of EU law that were directly effective in UK law at that point.
As and when it had a coherent bundle of these references, the Commission would compile a report on their impact in the UK and on what would be needed legislatively to cleanse them of their EU associations, while leaving them substantively intact. Â This is a vital aspect of the work. So far as possible, they must not compromise any extant rights or obligations.
They would submit their report and proposals directly to Parliament, to be considered by a Joint Committee. The Committee could remit the proposals for further work or commend them to the House. The House, in turn, would have the chance to approve the draft Order.
You could almost see this as Parliament side-lining Government: a nice inversion of the way in which Government has recently sought to treat Parliament. But it is not so. If, in the wake of Brexit, the Government wants to change existing, accrued rights and obligations, it should petition Parliament in the usual way: for a new law, clearly drafted, presented, scrutinised and passed by both Houses. Anything less is an insult to Parliament’s supremacy and a breach of the principle of separation of powers which underpins the rule of law and democracy. But it should also be free to do so, and Parliament should have the time to receive its petitions and scrutinise them.The procedure that I propose would, I believe, clear the way for that to happen.
By giving this near mechanical, apolitical task to a Commission, we not only free Government to pursue its policies but free ourselves to create a light touch procedure for making the purely consequential changes the Commission finds to be needed, and in the process free up the whole legislative process without undue damage to the principle of Parliamentary Supremacy.Â
I have no doubt that there are flaws in this idea. I have equally no doubt that there are huge drafting flaws in the model Bill I have cobbled together to give an idea of what such an enactment would look like. I do not have the skills of a Parliamentary Counsel. I invite you to treat it as a discussion piece, a cockshy. Because one thing is sure: we need to find a way through this that brings us out on the other side with our Constitution, our democracy and our freedoms intact and as Blackstone warned, the Statute of Proclamations is anathema to that.
 [1] “Delegated legislation has increased in recent decades both in the number of instruments passed and in the size of individual statutory instruments. Whilst there were rarely more than 2,500 statutory instruments laid in any calendar year before 1990, since 1992 there have generally been between 3,000 and 3,600 per year (see Figure 1 in the Appendix for more detail). Moreover, the total number of pages of statutory instruments laid has doubled compared with the years before 1990.” – House of Lords Select Committee on the Constitution, 9th Report of Session 2015–16.
[2] ibid
[3] “Ceding Power to the Executive; the Resurrection of Henry VIII” The Rt. Hon Lord Judge, 12 April 2016, King’s College London.
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