If you have recently considered filing a Chapter 7 Bankruptcy you need to know that a bill is working its way through Congress that will increase filing fees and the costs of filing a Chapter 7.
So now you know, there will be a cost to procrastination.
Monday, March 15, 2010
Fire the Parents not the Teacher
The Raleigh News and Observer recently reported on a teacher in trouble for blogging about her troubles with her Chemistry students. It seems that the teacher has name consistent with her possibly being Muslim. Apparently the students are not enthusiastic about having a teacher that they believe is not Christian.
The students sought out ways to show their displeasure. These delinquents sang Christian Hymns in their chemistry class, they made a point of giving the teacher Christmas gifts, they wore Christian advocacy tee shirts and they would act like they were reading the Bible during Chemistry.
I fully support the rights of the children to wear any tee shirt that they want and to read anything they want outside of class. I also recognize that these kids are not looking to learn Chemistry they are looking to show that they are smarter and better than their teacher. These efforts to un-nerve the teacher occur everyday; what is different here is that the kids actions are based on religion and the parents interviewed in the article actually supported their kids in their acts of harrasment.
It is disgusting that a parent would pass off signing hymns in class as acceptable behavior. How can a parent argue that if their kid was reading a bible in chemistry class it might be appropriate? These parents are either bigots, hateful, or ignorant.
Multiple writers supported the teachers behavior, yet no one called out these parents for their part in this mess.
What are we learning about some of our Wake County parents with this incident and with the recent school board elections? The citizens of this county should be scared by this upsurge in zenaphobia, religous bigotry and hate. Those with open minds should make sure that it can't be acceptable to harass your neighbor, your teacher or your classmate because of their faith or their place of national origin.
The students sought out ways to show their displeasure. These delinquents sang Christian Hymns in their chemistry class, they made a point of giving the teacher Christmas gifts, they wore Christian advocacy tee shirts and they would act like they were reading the Bible during Chemistry.
I fully support the rights of the children to wear any tee shirt that they want and to read anything they want outside of class. I also recognize that these kids are not looking to learn Chemistry they are looking to show that they are smarter and better than their teacher. These efforts to un-nerve the teacher occur everyday; what is different here is that the kids actions are based on religion and the parents interviewed in the article actually supported their kids in their acts of harrasment.
It is disgusting that a parent would pass off signing hymns in class as acceptable behavior. How can a parent argue that if their kid was reading a bible in chemistry class it might be appropriate? These parents are either bigots, hateful, or ignorant.
Multiple writers supported the teachers behavior, yet no one called out these parents for their part in this mess.
What are we learning about some of our Wake County parents with this incident and with the recent school board elections? The citizens of this county should be scared by this upsurge in zenaphobia, religous bigotry and hate. Those with open minds should make sure that it can't be acceptable to harass your neighbor, your teacher or your classmate because of their faith or their place of national origin.
Thursday, July 16, 2009
First Time Home Buyers
The government is providing first time home buyers with substantial financial incentive to jump into the housing market and buy that first house. In this era of depressed housing prices, low interest rates and limited deductions; go for it and buy a house. This is a great time to buy but I would urge the reader to take the following steps before the closing:
1. Have an attorney review your purchase contract before you sign. Only an attorney can explain how best to add to the "form" contract proposed by your agent in order to best protect your interests.
2. Unless you are buying "as is" you should have the property inspected by a licensed home inspector that can work you through all of the likely problems with your new home.
3. Review the disclosures provided by the Seller. In North Carolina the seller is required to provide the buyer with a disclosure of certain facts regarding the property.
4. If the property has covenants and restrictions, read them. I have seen covenants that limit what trees you can plant and what colors you can paint. Check out your development so you know what you might be facing.
5. Have your attorney hold the earnest money.
6. When you shop for mortgages look at the rate, the costs and do not rule out adjustable rate mortgages if you consider your stay in this home short term.
7. Consider getting a test for radon. I have had multiple NC closings there radon levels have been so high that remediation was necessary under federal guidelines.
8. Always have your own attorney at closing and make sure that an attorney, not a paralegal or secretary, will be walking you through this important investment. Every year dozens of North Carolina real estate attorneys have been forced out of the real estate practice by the NC Bar. You are paying for service, experience and a proven tract record. (If you call a ticket service and say that you want to watch a college basketball game but you only want to spend $20.00 a ticket don't expect to watch championship (UNC) calibre basketball.)
1. Have an attorney review your purchase contract before you sign. Only an attorney can explain how best to add to the "form" contract proposed by your agent in order to best protect your interests.
2. Unless you are buying "as is" you should have the property inspected by a licensed home inspector that can work you through all of the likely problems with your new home.
3. Review the disclosures provided by the Seller. In North Carolina the seller is required to provide the buyer with a disclosure of certain facts regarding the property.
4. If the property has covenants and restrictions, read them. I have seen covenants that limit what trees you can plant and what colors you can paint. Check out your development so you know what you might be facing.
5. Have your attorney hold the earnest money.
6. When you shop for mortgages look at the rate, the costs and do not rule out adjustable rate mortgages if you consider your stay in this home short term.
7. Consider getting a test for radon. I have had multiple NC closings there radon levels have been so high that remediation was necessary under federal guidelines.
8. Always have your own attorney at closing and make sure that an attorney, not a paralegal or secretary, will be walking you through this important investment. Every year dozens of North Carolina real estate attorneys have been forced out of the real estate practice by the NC Bar. You are paying for service, experience and a proven tract record. (If you call a ticket service and say that you want to watch a college basketball game but you only want to spend $20.00 a ticket don't expect to watch championship (UNC) calibre basketball.)
Sunday, June 7, 2009
Costs are going up -- Save money act now
Have you been putting off filing for a divorce, name change or other civil action? It is June of 2009 and it may be time to pick up the phone and arrange to file that civil action!
Like other states North Carolina is looking for ways to raise revenue without increasing taxes. Once again the Eye of Morodor (the State Legislator) has turned towards courts costs and fees for income. Filing fees may increase dramatically as soon as the budget is finalized. Acting now may save you more than one hundred ($100) dollars.
Like other states North Carolina is looking for ways to raise revenue without increasing taxes. Once again the Eye of Morodor (the State Legislator) has turned towards courts costs and fees for income. Filing fees may increase dramatically as soon as the budget is finalized. Acting now may save you more than one hundred ($100) dollars.
Friday, May 1, 2009
Mortality
The ancients believed that immortality existed. There was a belief that immortals walked among us. Modern thought talks of immortality in terms of genetics. When we have a child that child carries at least a half of the parents genetic material. That genetic material continues through the parents lineage. In a sense by having children a parent becomes imortal. One would argue that our teachers are also, in a sense, immortal. The thoughts, ideas, and concepts of our best teachers are passed on to the teacher's students. The skilled teacher stands before the class and imprints his or her ideas and values upon his class. Great teachers such as Plato have their ideas and teachings passed on though generations and are also in an essence immortal.
What of those that are neither parent nor teacher. Shakespare said that "the evil that men do lives after them, the good is oft inturred with their bones." In Star Trek there was an evil entity that lived on through generations and this entity took over the human host and turned the host into murderers and tyrants. Star Trek postulated that this entity was both immortal and evil. Is pure evil immortal? For generations we will remember the horrors of Gacey, Manson, Hitler and Stalin. Will we retain the same strong memories of our teachers, coaches and professinal role models?
If we are not a great teacher, author, artist or a parent can the avaerage soul gain imortaltiy though his or her actions. Can we prove Shakespere wrong and find imortality though the way we live our life. Perhaps in our death there is a way to meaure how we be remembered. In our death we can identify who will remember our name, our achievements and our deeds. How extraordinary must we be to gain some form of recognition, some form of immortality?
Is there a link between the number of mourners at a funeral and the moral quality of the deceased. Do we earn the presence and respect of the mornors though our actions in life? The other day there was a funeral of a young child. This girl's life was snuffed out by a meaningless murder. The girl's portfolio consisted a life of a child's innocent play and forgetable interactions. How then do we interpret the fact that this child was memorialized by hundreds and recognized and mourned by thousands. Her immortaility came not from her achievments but from being a victim.
What of those that are neither parent nor teacher. Shakespare said that "the evil that men do lives after them, the good is oft inturred with their bones." In Star Trek there was an evil entity that lived on through generations and this entity took over the human host and turned the host into murderers and tyrants. Star Trek postulated that this entity was both immortal and evil. Is pure evil immortal? For generations we will remember the horrors of Gacey, Manson, Hitler and Stalin. Will we retain the same strong memories of our teachers, coaches and professinal role models?
If we are not a great teacher, author, artist or a parent can the avaerage soul gain imortaltiy though his or her actions. Can we prove Shakespere wrong and find imortality though the way we live our life. Perhaps in our death there is a way to meaure how we be remembered. In our death we can identify who will remember our name, our achievements and our deeds. How extraordinary must we be to gain some form of recognition, some form of immortality?
Is there a link between the number of mourners at a funeral and the moral quality of the deceased. Do we earn the presence and respect of the mornors though our actions in life? The other day there was a funeral of a young child. This girl's life was snuffed out by a meaningless murder. The girl's portfolio consisted a life of a child's innocent play and forgetable interactions. How then do we interpret the fact that this child was memorialized by hundreds and recognized and mourned by thousands. Her immortaility came not from her achievments but from being a victim.
Sunday, April 19, 2009
Selecting an Attorney
The other day a young lady called my office and asked how much we charge to conduct a local purchase closing. I have been conducting title searches and closings for over twenty years so I wonder; does this lady select a car by calling around looking for the cheapest vehicle?
How is it that someone that is buying their largest asset can make the closing attorney selection blindly and solely to save a few bucks. New attorneys are cheap and can save the buyer a hundred bucks. There is no substitute for experience and the knowledge that comes from that experience.
So, if that lady caller ever reads this, I hope that you are able to save money and get everything that you deserve; a cheap attorney.
How is it that someone that is buying their largest asset can make the closing attorney selection blindly and solely to save a few bucks. New attorneys are cheap and can save the buyer a hundred bucks. There is no substitute for experience and the knowledge that comes from that experience.
So, if that lady caller ever reads this, I hope that you are able to save money and get everything that you deserve; a cheap attorney.
Championship Thoughts
In 1979 I joined the collection of those that are proud to call themselves UNC graduates. In early March I joined the other UNC fans in proudly celebrating another UNC basketball championship. It is ironic that each of us gets so vested in something that we have so little real connection to. But for a slip of the pen by the admissions officer we would have no connection at all. Yet with this tenuous connection we each get a huge adrenalin rush with each victory and each championship. These are not our children, our parents or even close friend. How do they exercise so much influence over us?
Are we living vicariously through these men that leap, score and defend so well? What is it that gives us such a rush. Whatever we can spend a brief time on Cloud 9 knowing that Carolina is now the Gold Standard for college basketball. UNC graduates its players and ensures that all players feel that they are part of something greater then themselves. They are the UNC basketball family and they will always know that. This program has come to define excellence and we all hope that some of that will rub us on us. Perhaps, in some way, we hope that by association we can feel better about our selves and feel that we too are champions.
Now we wait for the next UNC basketball championship!
Are we living vicariously through these men that leap, score and defend so well? What is it that gives us such a rush. Whatever we can spend a brief time on Cloud 9 knowing that Carolina is now the Gold Standard for college basketball. UNC graduates its players and ensures that all players feel that they are part of something greater then themselves. They are the UNC basketball family and they will always know that. This program has come to define excellence and we all hope that some of that will rub us on us. Perhaps, in some way, we hope that by association we can feel better about our selves and feel that we too are champions.
Now we wait for the next UNC basketball championship!
Friday, January 16, 2009
Musings on the New Year
A new year, a new administration and perhaps new opportunities. With luck, 2009 will represent a seed change in foreign policy, regulatory indifference and the trampling of the civil rights of US residents and citizens.
It is impossible to fix the military and tactical errors of this administration. Partially as a result of a "war" instigated as a result of poor intelligence, a war carried out without foresight, and a conflict that has spread corruption in a manner as insidious and widespread as drugs this Country's military is over extended, the economy is as bad as it has been since the depression. and the population has lost faith in our political, economic and social leaders. Clearly, we all need a clean break from the incompetence of the past eight years.
On a micro level the North Carolina economy is struggling. First Union is gone, Nortel is gone, and Freightliner is on edge. The government tells us that small business are the engine of the economy but we are allowing small businesses to disappear by the thousands. The foundation of the economy is being eroded with any complaint, fight or complaint.
The Banking industry pushed through bankruptcy "reform" now know as BARF. After the Banking industry spent thousands to undermine our bankruptcy law we are left with a banking industry weighing on the back of the taxpayers and a poorly drafted, consumer unfriendly bankruptcy law. We need to return to the bankruptcy court the power to strip unsecured loans, we must end the means test and return the "cram down" power. The banks and credit card companies should not be the only entities that can force new interest rates and debts on the consumer.
We must address issues of health care, housing and an exploding budge shortfall. Now we must find ways to reform government spending and modernize our economy. Who will be our Patrick Henry? Who will find the forum and utilize that forum to mobilize the public behind real economic reform? Perhaps this modest forum can be the home for a lively, intelligent and open discussion of ideas. The chiweenies will keep to their niche; I hope that others will contribute to the dispersion of new ideas.
RADICAL IDEA ONE: Consider for the moment the consequences of states setting a constitutional limit on percentage of the population that can be incarcerated at any point in time. The US has one of the highest percentages of incarceration in the world. This is a reflection of the failure of churches, families, courts and the government. Like the Mullahs of Iran certain portions of our society have convinced the Legislatures that long fixed sentences are a solution for the problem of crime. No one is allowed to question the value or merit of long sentences with out being ostracised as "soft on crime" or indifferent to victims. The effects of Structured Sentencing and other self righteous reform of our criminal lase have turned our society away from concepts of reform, restitution and non-penal control. At great expense we build new prisons and stockpile a large percentage of our society in these kennels we call correctional institutions.
If we force a prisoner limit on our legislator we can force reform and turn away from the idiocy of the current system. Consider the following:
A local lawyer was sentenced to more then 16 years in prison after being snared in an unwise, inappropriate and criminal computer discussion with a person posing as an underage male. This lawyer never touched anyone and there is no evidence that he ever maintained an illegal physical relationship with anyone. Who can really justify 16 years for this type of activity.
In contrast. In a highly publicised case a local woman accepted a plea in case where she had murdered her husband and indirectly caused the death of another person. This woman will serve less time behind bars then the lawyer that corresponded with the faux minor.
To make things worse, when the lawyer gets out of prison he will have to register as a sex offender, he will be excluded from malls, parks and churches. On the other hand the murderess can live next door to you, date your relatives, sing in your choir and she need not tell anyone that she is a convicted killer.
Is it not time to open your window and shout out that the system is broken and that we will not take it anymore? We must Reform the system, force the legislature to value our human assets and help create a modern society that recognize that our sentencing system must value more then punishment and restraint.
It is impossible to fix the military and tactical errors of this administration. Partially as a result of a "war" instigated as a result of poor intelligence, a war carried out without foresight, and a conflict that has spread corruption in a manner as insidious and widespread as drugs this Country's military is over extended, the economy is as bad as it has been since the depression. and the population has lost faith in our political, economic and social leaders. Clearly, we all need a clean break from the incompetence of the past eight years.
On a micro level the North Carolina economy is struggling. First Union is gone, Nortel is gone, and Freightliner is on edge. The government tells us that small business are the engine of the economy but we are allowing small businesses to disappear by the thousands. The foundation of the economy is being eroded with any complaint, fight or complaint.
The Banking industry pushed through bankruptcy "reform" now know as BARF. After the Banking industry spent thousands to undermine our bankruptcy law we are left with a banking industry weighing on the back of the taxpayers and a poorly drafted, consumer unfriendly bankruptcy law. We need to return to the bankruptcy court the power to strip unsecured loans, we must end the means test and return the "cram down" power. The banks and credit card companies should not be the only entities that can force new interest rates and debts on the consumer.
We must address issues of health care, housing and an exploding budge shortfall. Now we must find ways to reform government spending and modernize our economy. Who will be our Patrick Henry? Who will find the forum and utilize that forum to mobilize the public behind real economic reform? Perhaps this modest forum can be the home for a lively, intelligent and open discussion of ideas. The chiweenies will keep to their niche; I hope that others will contribute to the dispersion of new ideas.
RADICAL IDEA ONE: Consider for the moment the consequences of states setting a constitutional limit on percentage of the population that can be incarcerated at any point in time. The US has one of the highest percentages of incarceration in the world. This is a reflection of the failure of churches, families, courts and the government. Like the Mullahs of Iran certain portions of our society have convinced the Legislatures that long fixed sentences are a solution for the problem of crime. No one is allowed to question the value or merit of long sentences with out being ostracised as "soft on crime" or indifferent to victims. The effects of Structured Sentencing and other self righteous reform of our criminal lase have turned our society away from concepts of reform, restitution and non-penal control. At great expense we build new prisons and stockpile a large percentage of our society in these kennels we call correctional institutions.
If we force a prisoner limit on our legislator we can force reform and turn away from the idiocy of the current system. Consider the following:
A local lawyer was sentenced to more then 16 years in prison after being snared in an unwise, inappropriate and criminal computer discussion with a person posing as an underage male. This lawyer never touched anyone and there is no evidence that he ever maintained an illegal physical relationship with anyone. Who can really justify 16 years for this type of activity.
In contrast. In a highly publicised case a local woman accepted a plea in case where she had murdered her husband and indirectly caused the death of another person. This woman will serve less time behind bars then the lawyer that corresponded with the faux minor.
To make things worse, when the lawyer gets out of prison he will have to register as a sex offender, he will be excluded from malls, parks and churches. On the other hand the murderess can live next door to you, date your relatives, sing in your choir and she need not tell anyone that she is a convicted killer.
Is it not time to open your window and shout out that the system is broken and that we will not take it anymore? We must Reform the system, force the legislature to value our human assets and help create a modern society that recognize that our sentencing system must value more then punishment and restraint.
Saturday, August 16, 2008
Ginger Arrives
Puddles finds himself harassed, chased and intimdated by this newly arrived little girl. Ginger is an 4 month old Chiweenie. When Puddles gets a toy Ginger works to take the toy. When Puddles finds a chew stick Ginger takes it. When Puddles lays down Ginger attacks and paws at Puddle's face. Annoying is an understatement when talking about this cute and charming little girl. Yet Puddles and Ginger are becoming inseparable. When she sleeps she is charming and when she awakes she is a terror. She has fourty minute bursts of explosive puppy energy followed by angelic sleep in her Daddy's lap.
Keep reading the site because, without doubt, there is fun in store.
Monday, June 16, 2008
We Planned to Be Together Forever...
For over twenty years I have had couples come to me that wanted to buy a house together. Sometimes the pair are engaged, sometimes they are committed to each other, other just want to live together indefinitely. These couples have one thing in common; they plan to own and live in the house together for a long time. With rose colored glasses the sky is blue, the grass is green the air is clear and the couple will be together forever!
Lenders have no problem lending to an unmarried couple. The purchase is easy, one day you hope to be a homeowner and in a few days you are a homeowner. It is a simple process to join the ranks of those burdened by mortgages, repair bills and the other joys of ownership. What happens now if the wedding does not occur or when you partner moves on? When the split arrives you both still own the house together. In North Carolina you own the house as tenants in common. This ownership means that each party has an undivided one half interest in the real estate. Either party can sell their half or bequeath their half. Who wants a one half undivided interest in a house on Main Street?
If you are going to buy a house with someone other than your spouse then you should consider planning for the possibility that disagreements, fights or separation may occur. You can set up a buy out or sale procedure. An aggreement can set out a procedure for who gets to buy the other person out and how much the buyout will cost. An agreement can set out how to select a realtor or how to set a sales price. This is planning to avoid chaos, confusion and heartbreak.
If you find yourself about to buy real estate with your partner, friend or fiance first call an attorney and set up a real estate purchase agreement. Plan ahead. I know dozens that wish they had!
Lenders have no problem lending to an unmarried couple. The purchase is easy, one day you hope to be a homeowner and in a few days you are a homeowner. It is a simple process to join the ranks of those burdened by mortgages, repair bills and the other joys of ownership. What happens now if the wedding does not occur or when you partner moves on? When the split arrives you both still own the house together. In North Carolina you own the house as tenants in common. This ownership means that each party has an undivided one half interest in the real estate. Either party can sell their half or bequeath their half. Who wants a one half undivided interest in a house on Main Street?
If you are going to buy a house with someone other than your spouse then you should consider planning for the possibility that disagreements, fights or separation may occur. You can set up a buy out or sale procedure. An aggreement can set out a procedure for who gets to buy the other person out and how much the buyout will cost. An agreement can set out how to select a realtor or how to set a sales price. This is planning to avoid chaos, confusion and heartbreak.
If you find yourself about to buy real estate with your partner, friend or fiance first call an attorney and set up a real estate purchase agreement. Plan ahead. I know dozens that wish they had!
Monday, April 7, 2008
They Told Me That I Had to Put the Title in Both Names
I hear this comment at least four times a year. Apparently some lenders are telling North Carolina real estate purchasers that if they are married the property they buy must be titled in the name of both husband and wife. NOT TRUE.
While it is true that a married person in NC cannot generally purchase property with out some cooperation or signature from their spouse the public policy behind this is geared at providing a spouse knowledge of new indebtedness. Thus, if you buy a house without creating any debt your spouse will not have to sign any documents at the closing and his name does not have to appear on the deed/title. If you buy the property through the lender then your spouse will need to sign several documents acknowledging the debt.
It is important to recognize your spouse can still acquire a "marital interest" in the property that you have bought even if your spouse's name does not appear on title. The names on a title are not dispositive as to what interest each spouse will have in a separately titled property should a couple divorce.
Finally, there are economic and legal reasons why you should title your property in the name of Husband and Wife (tenants by the entirety). A discussion of this issue is for another day and another time.
While it is true that a married person in NC cannot generally purchase property with out some cooperation or signature from their spouse the public policy behind this is geared at providing a spouse knowledge of new indebtedness. Thus, if you buy a house without creating any debt your spouse will not have to sign any documents at the closing and his name does not have to appear on the deed/title. If you buy the property through the lender then your spouse will need to sign several documents acknowledging the debt.
It is important to recognize your spouse can still acquire a "marital interest" in the property that you have bought even if your spouse's name does not appear on title. The names on a title are not dispositive as to what interest each spouse will have in a separately titled property should a couple divorce.
Finally, there are economic and legal reasons why you should title your property in the name of Husband and Wife (tenants by the entirety). A discussion of this issue is for another day and another time.
Thursday, February 14, 2008
Time to Refinance
As mortgage rates drop people should consider if it is in their economic interest to refinance. In the twenty years that we have been conducting real estate closings in North Carolina we have worked with many lenders and hundreds of homeowners.
Most people either refinace to get cash out of their home or to lower their mortgage rate. We have many clients using the cash out refinance option. With a cash-out refinance you can use the equity from your home to payoff outstanding non-deductable debt or high interest debt. Dependening on your existing interest rate you may be able to refinance with a positive or neutral net economic impact. (In paying off a non-deductable debt you may extend your home payments but you are relieving your self of the non-deductable obligation and in all likelihood saving on the interest expense.)
At Devay & Coleman we have been handling real estate transactions since 1988. We have closed on properties in over a dozen counties and worked with at least a dozen title companies. When you pick your real estate attorney remember that you would not choose a house based on price alone -- when you pick you attorney consider experience and whether you will be dealing with an attorney or a para legal. It is important that you choose your own attorney and not let the seller or agent make this most important choice.
Most people either refinace to get cash out of their home or to lower their mortgage rate. We have many clients using the cash out refinance option. With a cash-out refinance you can use the equity from your home to payoff outstanding non-deductable debt or high interest debt. Dependening on your existing interest rate you may be able to refinance with a positive or neutral net economic impact. (In paying off a non-deductable debt you may extend your home payments but you are relieving your self of the non-deductable obligation and in all likelihood saving on the interest expense.)
At Devay & Coleman we have been handling real estate transactions since 1988. We have closed on properties in over a dozen counties and worked with at least a dozen title companies. When you pick your real estate attorney remember that you would not choose a house based on price alone -- when you pick you attorney consider experience and whether you will be dealing with an attorney or a para legal. It is important that you choose your own attorney and not let the seller or agent make this most important choice.
Wednesday, February 13, 2008
Puddles and His Friends
Puddles has a select group of human and animal friends. Recently the Pudman spent a weekend with one of his best canine friends, Jake. Jake has been a friend since puppyhood. Jake is a daschund and I credit him with teaching me how to climb stairs. When I stay with Jake I get to sleep with his Mom and when we play we tease the cat and explore the house. Together we each have taught our humans how best to serve us.
The Pudman wuld like to add a female chiweenie to his group of friends. If anyone out there knows a female chiweenie that I can meet please write me. Chiweenies Rule!
The Pudman wuld like to add a female chiweenie to his group of friends. If anyone out there knows a female chiweenie that I can meet please write me. Chiweenies Rule!
Wednesday, January 16, 2008
Why you use an attorney for your divorce
Each week we get callers asking about what it takes to get divorced in North Carolina. Many people appear incredulous at the answer; North Carolina has only one requirement that a North Carolina resident must meet. To be divorced in North Carolina you must live separate and apart for one year.
Fault will not allow you to speed up the divorce process. Thus, even if your spouse committed flagrant adultery if you have not been separated for one year you cannot end the marriage with a divorce. Fault is a factor in alimony and other actions, just not in getting a divorce. North Carolina considers issues such as alimony, division of property, divorce, child support and child custody as separate identifiable issues.
So if you have no children, no property and no claim for alimony why should you use an attorney for a "simple" divorce. When our office files your divorce for you the process will only take a few moments of your time. After you sign the papers we file your documents, appear in court for you and, if appropriate, get your name changed. Our appearance will allow you to avoid procedural questions, save you time, avoid parking hassles and ensure that your simple divorce remains simple.
Fault will not allow you to speed up the divorce process. Thus, even if your spouse committed flagrant adultery if you have not been separated for one year you cannot end the marriage with a divorce. Fault is a factor in alimony and other actions, just not in getting a divorce. North Carolina considers issues such as alimony, division of property, divorce, child support and child custody as separate identifiable issues.
So if you have no children, no property and no claim for alimony why should you use an attorney for a "simple" divorce. When our office files your divorce for you the process will only take a few moments of your time. After you sign the papers we file your documents, appear in court for you and, if appropriate, get your name changed. Our appearance will allow you to avoid procedural questions, save you time, avoid parking hassles and ensure that your simple divorce remains simple.
Saturday, December 29, 2007
Puddles Reinvigorated
It was heartbreaking going though weeks of limping, pain and leg dragging. On the recommendation of our vet my walks were cut short, I was not allowed to walk, jump or otherwise have fun. How is a charming dog like me to beg if you can't sit up. It was embarrising to be carried to a spot to mark and do my business. I could not run or walk. I even had to change the way I pooped. This was drastic. I was tripping and falling like an old dog.
Now, after two months of restricted movement I am better, fatter and feeling great. I am back to feeling like a good house dog. The paralysis is gone! The difference is clear. The left leg moves better and there is no obvious signs of the former pain.
Last week at the mall I worked my usual charma on a mall store employee. Humans are weak and suseptable to the Pudman's charms. After lavishing attention on the Pudman, she asked if she could give me a little bear. As you can see the Pudman imediately took to his new friend.
This week Puddles had three canine guests (and their masters) at the Law Office. Three Poodles from a local CPA office came by for a refinance of their dog house. Puddles enjoyed meeting and greeting his new friends.
Sunday, November 25, 2007
North Carolina Real Estate Closings
Buying real estate in North Carolina is nothing like other purchases that you may make. More importantly buying real estate in North Carolina is unlike buying real estate in Illinois, New York and other states.
Most other states use title insurance agencies for closing. The closing itself is performed by the title insurance agency. In many states you come to closing and find a title company attorney, an attorney for the lender and an attorney for the seller. The North Carolina closing process typically only includes one attorney and that attorney represents you and the lender. In rare cases -if you allow it - the attorney represents you, the lender and the seller.* (Ask yourself do you really want the attorney for the seller representing you when it comes time to a dispute?)
If you are about to make one of the costliest purchases of your life; when do you hire the attorney? Most people don't bring the purchase contract to their attorney until after it is signed and at that point there is little that the attorney can do. Think about it, the attorney can give you more insight into the contract and the closing then any other party to the closing process. Before you sign the contract there are four things that you should do (1)walk the property; (2) view the property on the recorded plat; (3) check the covenants that apply to your property and (4)have the attorney review the contract and ask him or her any questions that you may have!
Once the contract has been reviewed, approved and signed consider what inspections and services you will need. You lender will obtain the appraiser but you should consider a survey, a home inspection and a radon inspection. A survey can uncover problems that may be very costly at a later time it can also give you guidance for landscaping, fences or walkways. At an average cost of $350 many find that the long term advantages of the survey outweighs the cost. Your closing attorney will order the survey for you.
Typically, the buyer and the agent will coordinate the pre-closing process (ordering inspections, arranging the walk through and reinspecting repairs). The closing attorney will send to the agent a summary of all costs associated with the closing. The costs of the closing appear in document called a settlement statement (HUD1). The agent will typically review the HUD1 with you shortly before the closing.
It is important that all repairs and inspections be completed prior to the closing. At closing you are normally accepting the delivery of the property. If there are things that have not yet been completed wither delay the closing or have a writing created setting out what is to be completed.
Your NC closing will most commonly occur in the lawyer's office. Demand that the lawyer be in the room to answer your questions and explain the documents. Don't accept answers from the paralegal talk with the lawyer.
At our office Puddles and I will be with you for the closing ceremony. Another entry will discuss the closing ceremony. Have fun!
Most other states use title insurance agencies for closing. The closing itself is performed by the title insurance agency. In many states you come to closing and find a title company attorney, an attorney for the lender and an attorney for the seller. The North Carolina closing process typically only includes one attorney and that attorney represents you and the lender. In rare cases -if you allow it - the attorney represents you, the lender and the seller.* (Ask yourself do you really want the attorney for the seller representing you when it comes time to a dispute?)
If you are about to make one of the costliest purchases of your life; when do you hire the attorney? Most people don't bring the purchase contract to their attorney until after it is signed and at that point there is little that the attorney can do. Think about it, the attorney can give you more insight into the contract and the closing then any other party to the closing process. Before you sign the contract there are four things that you should do (1)walk the property; (2) view the property on the recorded plat; (3) check the covenants that apply to your property and (4)have the attorney review the contract and ask him or her any questions that you may have!
Once the contract has been reviewed, approved and signed consider what inspections and services you will need. You lender will obtain the appraiser but you should consider a survey, a home inspection and a radon inspection. A survey can uncover problems that may be very costly at a later time it can also give you guidance for landscaping, fences or walkways. At an average cost of $350 many find that the long term advantages of the survey outweighs the cost. Your closing attorney will order the survey for you.
Typically, the buyer and the agent will coordinate the pre-closing process (ordering inspections, arranging the walk through and reinspecting repairs). The closing attorney will send to the agent a summary of all costs associated with the closing. The costs of the closing appear in document called a settlement statement (HUD1). The agent will typically review the HUD1 with you shortly before the closing.
It is important that all repairs and inspections be completed prior to the closing. At closing you are normally accepting the delivery of the property. If there are things that have not yet been completed wither delay the closing or have a writing created setting out what is to be completed.
Your NC closing will most commonly occur in the lawyer's office. Demand that the lawyer be in the room to answer your questions and explain the documents. Don't accept answers from the paralegal talk with the lawyer.
At our office Puddles and I will be with you for the closing ceremony. Another entry will discuss the closing ceremony. Have fun!
Sunday, November 4, 2007
Puddles Paralysis
Puddles has not been out among his fans lately. The doctors tell us not to allow Puddles to walk. Seeing Puddles walk is sad and upsetting. As a result of the bulging disc in his neck Puddles has a paralyzed rear left leg.
When Puddles is allowed to walk he frequently falls, limps and drags his leg. It is heartbreaking seeing this little dog struggle to walk or even urinate. The Pudman still loves attention from friends, family and even strangers so we will continue to carry him out to the community and bring him to the Firm.
We do not yet know if Puddles is a candidate for surgery. To those out there that know or have met Puddles we know that you will hope and pray that he comes through this in a manner that will allow him to continue to bring joy and smiles to others.
When Puddles is allowed to walk he frequently falls, limps and drags his leg. It is heartbreaking seeing this little dog struggle to walk or even urinate. The Pudman still loves attention from friends, family and even strangers so we will continue to carry him out to the community and bring him to the Firm.
We do not yet know if Puddles is a candidate for surgery. To those out there that know or have met Puddles we know that you will hope and pray that he comes through this in a manner that will allow him to continue to bring joy and smiles to others.
Saturday, October 27, 2007
Puddles is Hurting
Puddles has brought smiles and laughs to so many children and adults that it seems important that I tell his fans of his current condition. Puddles has been so excited renew ties with the humans closest to him that he has once again strained his back. When the Pudman sees one of his dear friends he gets so excited that he runs back and forth and wiggles his body like a flag in a heavy wind.
So Puddles cried last night until we tricked him into swallowing his pain medication. Now puddles lies motionless on his mothers pillow, his breath is labored and he tears in his eyes.
So Puddles cried last night until we tricked him into swallowing his pain medication. Now puddles lies motionless on his mothers pillow, his breath is labored and he tears in his eyes.
Wednesday, October 24, 2007
Mistakes People Make in Traffic Court
Around town I am Puddles' Dad but in court I am Dan Coleman. I have practiced law in NC since 1988. If you stop by the firm Puddles will introduce himself. Puddles is an 8 year old chiweenie that is intent on meeting and greeting as many people as he can. Up and down the east coast more people know me as Puddles' Dad then know that I am an attorney.
In eighteen years of practicing law I have watched as people go before a judge and shoot themselves in the foot. People go into traffic court with legal concepts that they appear to have learned while drinking jello shots. Lessons to learn before you go into a NC traffic Court:
1. Do not ask the Judge for a prayer for judgment continued (PJC) unless you have a record that requires a PJC. If you have a clean driving record and you are charged with a minor speeding violation ask the DA to reduce the charges to 9 miles an hour over the limit Under NC law if you have a clean record and one charge of speeding less than 10 miles an hour over the speed limit then a conviction will not result in insurance point. You can only effectively use one PJC per household per 3 years - save the PJC for a stop light violation, a second speeding violation or other charges. Do not waste your PJC.
2. Despite what street lawyers claim, if the police officer that stops you fails to show you his radar gun it does not matter. Many people think that if the officer refuses to share the radar gun or is not wearing a hat then the "offender" can get out of the ticket. Give it a rest folks--these things affect nothing!
3. Remember Judges are public figures and as a general matter they are not there to make an example of you. If you are young and live at home with your parents don't hesitate to bring your mother or father to show that they are being supportive. Tell the judge about your good grades and your college plans. Many judges will want to work with you and your attorney to preserve your future plans if they understand that you have a future worth saving.
4. Dress like you respect the Court. You would be surprised at how it can make a difference.
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