Foreclosure Lawyer Provo Utah

Provo is the third-largest city in Utah, United States. It is 43 miles (69 km) south of Salt Lake City along the Wasatch Front. Provo is the largest city and county seat of Utah County. It is home to Brigham Young University, and Sundance Resort is located just northeast of the city. While Father Silvestre Vélez de Escalante, a Spanish Franciscan missionary-explorer, is considered the first European visitor to the area that would become Provo, the first permanent settlement was established in 1849 as Fort Utah. The name was changed to “Provo” in 1850, in honor of Étienne Provost, an early French-Canadian trapper. Provo’s climate lies in the transition zone between a humid subtropical climate and humid continental climate, with high temperatures averaging between about 94 °F or 34.4 °C in the summer and 40 °F or 4.4 °C in the winter. Average annual precipitation (rain and snow) is just less than 20 inches (51 cm). The population of Provo has grown from 2030 in 1860 to an estimated 116,702 in 2018. The 2010 census showed slightly more females than males, with over 55% of the population living as couples, and almost 35% of households having children under the age of 18. The population is over 90% Christian, with almost 89% being Latter Day Saints.

The economy in Provo is powered by many different businesses and organizations, including over 100 restaurants, two shopping malls, multiple universities and colleges, a number of small companies, and several large international businesses. Utah Valley Hospital is a Level II Trauma Center, and has several campuses of medical professionals surrounding it. America’s Freedom Festival at Provo, held every May through July, is one of the largest Independence Day celebrations in the United States. Several cultural points of interest in the city include the Covey Center for the Arts, the LDS Missionary Training Center, and the Provo City Library at Academy Square. Provo contains two LDS temples: Provo Utah Temple and Provo City Center Temple, the latter being restored from the ruins of the Provo Tabernacle. The Utah Valley Convention Center is also located in downtown Provo. There are several museums located on the campus of Brigham Young University. Natural features include Bridal Veil Falls, Provo River, Utah Lake and Uinta-Wasatch-Cache National Forest. Timpanogos Cave National Monument is located several miles north of Provo. A number of national historic landmarks are located within Provo, including the Reed O. Smoot House. Provo is served by Utah Transit Authority, operator of the FrontRunner commuter rail and a bus service connected to the rest of the Wasatch Front. Amtrak stops at Provo station, providing daily access to its California Zephyr service. Interstate 15, U.S. 89 and U.S. 189 provide major road service to Provo. Air transportation is available at Utah’s second busiest airport, Provo Municipal Airport.

How Can a Lawyer Stop a Foreclosure

The idea of losing your home to foreclosure is terrifying. A lawyer’s expertise can provide you peace of mind throughout the stressful process — but coming up with the funds for a lawyer when you are struggling to keep your home is often a challenge. You may wonder if it is really worth the cost. In some cases, a lawyer may be able to stop foreclosure, or at least buy you more time. Even if you can’t keep the home, a lawyer might be able to help you escape the liability associated with foreclosure.
Reviewing Your Loan Documents

A lawyer can review your loan and address any unfair or predatory lending practices. For instance, a lender may improperly file a foreclosure or make errors in the loan documents at closing. According to the federal Truth in Lending Act, even a slight mistake in calculating your annual percentage rate could result in a violation of the act, giving you the right to rescind the loan. Rescinding basically allows you to cancel the loan.
Advocating on Your Behalf
A real estate lawyer is an expert on state foreclosure laws. The lawyer can explain your rights, the process, and any available prevention methods. Your lawyer can also negotiate directly with the bank on your behalf to reach a solution outside of court. Possible options include a loan modification, short sale, or deed in lieu of foreclosure. Having a lawyer fighting on your side improves your chances of having effective communication with the bank. You’re less likely to get lost in the shuffle or thrown on the back burner.
Filing a Legal Response
If you are in a state that requires judicial foreclosures, the lender must file a lawsuit against you to foreclose. Once you are served with papers, you have a certain number of days to respond. The legal terminology is often overwhelming. A lawyer can explain the paperwork and file your answer to the complaint with an appropriate defense. The lawyer may even file a counter claim, counter-suing the lender for violations of the law.
Filing Bankruptcy
Bankruptcy can temporarily stop a foreclosure. It is always best to consult a lawyer if you are considering bankruptcy. Chapter 7 bankruptcy is the form of bankruptcy used to wipe the slate clean. Filing automatically stops the foreclosure clock. You can’t keep the home permanently, but your liability is released. In Chapter 13 bankruptcy, debt is restructured to make your payments more affordable. If you can afford to resume making your normal mortgage payment, the arrears may be reduced. Debt must be paid to the trustee through a monthly repayment plan. Bankruptcy is complicated and certain eligibility requirements must be met. The attorney can guide you through the process and paperwork. If you are considering bankruptcy, it can be used as a defense in your foreclosure response.
Last Minute Strategies to Stop Foreclosure
If you’re facing foreclosure, you might be able to stop the process by filing for bankruptcy, applying for a loan modification, or filing a lawsuit.
If you’ve fallen behind on your mortgage payments and a foreclosure sale is looming in the very near future, you might still be able to save your home. You can potentially file bankruptcy, apply for a loan modification or other workout option, or file suit against the foreclosing party (the “bank”) to possibly stop the foreclosure entirely, or at least delay the process.
File for Bankruptcy to Stop the Foreclosure
If the foreclosure sale is scheduled to occur in the next few days, you can halt the sale immediately by filing for bankruptcy. The automatic stay will stop the foreclosure in its tracks. Once you file for bankruptcy, something called an “automatic stay” immediately goes into effect. The stay functions as an injunction prohibiting the bank from foreclosing on your home or otherwise trying to collect its debt. This means that any foreclosure activity must be halted during the bankruptcy process. The bank may file a motion for relief from the stay. The bank might attempt to have the stay lifted by filing a motion seeking permission from the court to continue with the foreclosure. Even if the bankruptcy court grants this motion and allows the foreclosure to proceed, the foreclosure will be delayed at least a month or two. This should provide you with time to explore alternatives to foreclosure with your bank.

Chapter 13 Bankruptcy vs. Chapter 7 Bankruptcy

If you want to keep your home, a Chapter 13 bankruptcy might help you accomplish this goal. But if you’re simply trying to buy some time by stalling the foreclosure, a Chapter 7 bankruptcy might be right for you.
Benefits of a Chapter 13 bankruptcy
A Chapter 13 bankruptcy can help you keep your home by restructuring your debts. You will repay debts—some in part and some in full—over a period of three to five years as part of a repayment plan. You might be able to avoid foreclosure and remain in your home with this type of bankruptcy because you can repay any delinquent mortgage payments through the plan. Also, you will likely pay a fraction (or sometimes, none) of your unsecured debts during the plan period and possibly eliminate certain other debts—like underwater second and third mortgages because they’re considered unsecured loans—entirely when you complete your plan, freeing up money for your first mortgage. Even if you can’t complete the plan, filing for Chapter 13 bankruptcy will give you at least several months before a foreclosure can be completed.

Benefits of a Chapter 7 bankruptcy

If you’re already in foreclosure, filing Chapter 7 bankruptcy isn’t usually a good way to save your home, but it will delay the foreclosure proceedings and provide you with time to live in the home without making payments. You can put this money towards saving up for a rental. You can also use this time to try to work with the bank to come up with a way to avoid foreclosure. And, even if you still go through a foreclosure, the Chapter 7 bankruptcy will eliminate your personal liability for the mortgage debt, which means you won’t be liable for any deficiency remaining after the foreclosure.

Apply for a Loan Modification

While you don’t want to wait until the last minute with this option, you might be able delay a foreclosure by applying for a loan modification, or another foreclosure avoidance option, because the bank could be restricted from dual tracking. Dual tracking is when the bank proceeds with the foreclosure while a loss mitigation application is pending. Ultimately, if your modification application is approved, the foreclosure will be permanently stopped so long as you keep up with the modified payments.
Federal Rules Restrict Dual Tracking
Under federal law, if a complete loss mitigation application is received more than 37 days before a foreclosure sale, the servicer may not move for a foreclosure judgment or order of sale, or conduct a foreclosure sale, until:
• the servicer informs the borrower that the borrower is not eligible for any loss mitigation option (and any appeal has been exhausted)
• the borrower rejects all loss mitigation offers, or
• the borrower fails to comply with the terms of a loss mitigation option such as a trial modification.
Be aware that the servicer generally doesn’t have to review more than one loss mitigation application from you. But if you bring the loan current after submitting an application, the servicer must consider it.

File a Lawsuit to Stop the Foreclosure

If your bank is using a non-judicial process to foreclose—where the foreclosure is completed outside of the court system—then you might be able to delay or stop the foreclosure by filing a lawsuit against the bank to challenge the foreclosure. This tactic normally won’t work if the foreclosure is judicial because by the time of a foreclosure sale, you’ve already had your opportunity to be heard in court.
To prevail in your lawsuit against your bank, you’ll need to prove to the satisfaction of the court that the foreclosure should not take place because, for example, the foreclosing bank:
• can’t prove it owns the promissory note
• didn’t act in compliance with state mediation requirements
• violated the state’s Homeowner Bill of Rights
• didn’t follow all of the required steps in the foreclosure process (as determined by state law), or
• made some other grievous error.
The downside to suing your bank is that if you’re unable to prove your case, this will only delay the foreclosure process. Lawsuits can be expensive and, if you have no reasonable basis for your claims, you could get stuck paying the bank’s court costs and attorneys’ fees.

If you’re facing an imminent foreclosure sale and considering any of the options discussed in this article, it is strongly recommended that you consult with a local foreclosure attorney or bankruptcy attorney immediately. To get information about different loss mitigation options, you should also consider talking to a HUD-approved housing counselor.
Important Questions To Ask A Foreclosure Defense Lawyer
To determine which foreclosure defense attorney is a good fit for your case, you will need to ask them several questions. The most important of these, and the answers you should be looking for, are listed below.
How Many Foreclosure Cases Have You Litigated in Court?
Utah is a judicial foreclosure state, meaning that in order to foreclose, a lender must file a lawsuit against the borrower and take them to court. It is important to ask if a foreclosure defense lawyer has been in court and litigated against the big mortgage companies. Filing a bankruptcy case is not the same thing as litigating in court, and you want to make sure that your attorney has the experience necessary to give you the best chance possible in the event that you have to defend your case in court.
Is Litigation the Best Defense for Foreclosure?
Although you want to make sure that your lawyer has experience litigating foreclosure cases in court, it is just as important to understand that this may not be the best route for you. If you are a victim of fraud or illegitimate fees and charges, you probably will have to go through litigation. On the other hand, if there is a better option for you, such as filing for bankruptcy, you want to work with a lawyer who will advise you of this option.

How Often Do You Attend Classes and Seminars Regarding Foreclosures?
The law surrounding car accidents has not changed in decades; however, the laws surrounding foreclosures changes all the time. Foreclosure cases that were handled five years ago must be handled much differently now. You want to ensure that you are working with an attorney who keeps up with these changing laws, as they are very relevant to your case. If you work with a lawyer who is not familiar with these laws, it will pose serious problems for your defense and you could end up losing your home.

Are You Licensed to Practice?

You may think that if you are speaking to a foreclosure defense lawyer, they are surely licensed to practice in the state. This is a mistake. Some lawyers have viewed the foreclosure crisis as an opportunity to bring in more business, even though they cannot legally practice law in the state. These lawyers may be able to negotiate with lenders for you but, if your case ends up in court, which many do, you could find yourself in a great deal of trouble. You will have to find a new lawyer and by that point, you may be running out of time in your case. At Ascent Law, we only have Utah licensed attorneys working as lawyers on your case.

What Approach Do You Use When Defending a Foreclosure Case?

There is more than one approach that can be used when defending a foreclosure. You can fight to stay in your home and obtain a loan modification, you can file for bankruptcy, or you can present your lender with the idea of a short sale. These are just a few options you have if a lender starts foreclosure proceedings against you. A lawyer may suggest all of these, or they may only suggest one. You want to ensure that a lawyer will present you with many different options, even if they make a recommendation for one in particular. If you end up working with an attorney who treats all foreclosures the same, that approach may not be the right one for your case and you could find yourself in a bigger mess than when you began, such as if you filed for bankruptcy when you did not have to.

How Often Will You Update Me About My Case?

It is a huge relief to hand your case over to an experienced attorney and know that they will take care of all the details associated with it. However, any attorney should still keep you up to date on the status of your case and any changes with it as soon as they occur. One of the most common complaints against lawyers is that they take a case and then the client rarely hears from them. When they do get an update on their case or have a question, they only communicate is with a paralegal or an associate. While lawyers need these professionals to help them with cases, you should still mainly be working and communicating with the attorney you spoke with during your free consultation. If you are not, your case may not be getting the attention it deserves.

Provo Utah Foreclosure Attorney

When you need a foreclosure lawyer in Provo 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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Private Party Transfers And Gun Show Purchases

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Private Party Transfers And Gun Show Purchases

In the third part of our ongoing series on how to buy and sell a firearm, we will be discussing gun shows. Even if you’ve never been to a gun show, you probably have already heard a lot about them from other gun owners, from friends and family, and maybe from the media. To some, “gun show” is a controversial word. In this article, we’ll cut through some of the rhetoric and misinformation and explain how sales at a gun show works. Firstly, what is a gun show? The simple answer is that gun shows are a place for guns to be sold or bought, and where new gun owners can learn more about firearms. Gun shows are widely attended and draw in all types of gun owners, including those interested in firearms for defensive purposes, for hunting, shooting sports, recreation, or for their personal collection.

These events are alive and vibrant with conversation, although a fair amount of visitors come just to get a glimpse of some rare or notable firearms on display. You’re not obliged to buy or sell anything at a gun show, but if you do, there are two types of sales: those that go through FFL dealers and private sellers. Despite what some may say, there is no such thing as a “gun show loophole.” Sales through FFL dealers and private transactions at a gun show function exactly the same as they would outside of a gun show. Everyone still has to comply with all federal, state, and local laws without exception. Gun control advocates who push for “closing the gun show loophole” are actually proposing to ban private sales entirely. This means expanding background checks to any sale or trade of a firearm, in some cases even involving gifts or temporarily borrowing a firearm. Could you imagine going to an FFL dealer to run a background check every time you wanted to borrow your brother’s rifle for deer season? Gun control supporters say that “closing the loophole” would reduce crime, but in actuality, gun shows only account for a minuscule amount of the firearms used in gun crime. According to the NRA’s Institute for Legislative Action (NRA-ILA), federal studies showed that less than one percent of inmates incarcerated in state prisons for gun crimes acquired their firearms at a gun show. The majority of firearms used came from theft, the black market, or straw purchasers. Also, consider the fact that any convicted felon who so much as touches a firearm at a gun show is already in violation of federal law. The same as it would be for your neighbourhood gun shop.
Gun Show Background Checks State Laws
Known as the “gun show loophole,” most states do not require background checks for firearms purchased at gun shows from private individuals federal law only requires licensed dealers to conduct checks. Under the Gun Control Act of 1968, federal law clearly defined private sellers as anyone who sold no more than four firearms per year. But the 1986 Firearm Owners Protection Act lifted that restriction and loosely defined private sellers as people who do not rely on gun sales as the principal way of obtaining their livelihood.

Some states have opted to go further than federal law by requiring background checks at gun shows for any gun transaction, federal license or not. The majority of these states require background checks at the point of transfer for all firearms. Alternatively, Hawaii, Illinois, Iowa, Massachusetts, Michigan, Nebraska, New Jersey and North Carolina regulate purchases by prohibiting private dealers from selling to individuals who do not have licenses/permits, which they obtain following background checks. Some states’ requirements are limited only to handgun purchases.
Buying Or Selling A Firearm In a Private Transaction
Chances are, you’ve probably purchased your firearms from a licensed gun dealer. You went to his or her shop, selected your firearm, checked it’s functionality, underwent the federally-mandated background check, paid for your gun, and took it home, after any municipal or state-mandated waiting period, if applicable. That being said, despite misconceptions to the contrary, you can also purchase a firearm from a private party if you so desire… Yes, in all 50 states, it is perfectly legal for one individual to sell a firearm to another in a person-to-person transaction. Typically, people do this to save a few dollars versus purchasing the gun at a dealer, or sometimes a person is seeking a unique or vintage gun that just cannot be found in stores. Whatever the motives, the transaction is perfectly legal. But, there are a lot of caveats to the private transfer process. In the world of firearms, the sale of a gun is a “transfer”, by the way. The buyer and seller must not be prohibited persons. Here in the US, the Second Amendment guarantees and acknowledges our right to keep and bear arms. Contrary to popular belief, the Second Amendment isn’t a “law” where the government grants us the right; it is a statement that says the government acknowledges our pre-existing right. However, as us gun owners know and complain about daily, the government has placed checks and infringements on that right throughout history, including laws such as the Gun Control Act of 1968, where the term ‘prohibited person’ is defined. In a nutshell, a prohibited person is someone who has been convicted of a crime where the prison term exceeds one year, is indicted for said crime, is a fugitive, is an unlawful user of any controlled substance, has been judged by a court to be mentally incompetent, is an illegal alien, was dishonourably discharged from the armed forces, has a restraining order placed against them from a spouse or partner, or has a domestic violence conviction. Typically persons with those “disabilities” (legalese term for someone who has those black marks on their record) is entered into one or more national, state, and local law enforcement databases. The FBI’s NICS system ties most of the bigger ones together for the background check. However, your average citizen cannot access the FBI’s NICS portal, or their state’s equivalent. As an aside, some states, including my home state of Florida, run their own gateway to the national crime databases, which actually helps take the load off of the Feds. Regardless, your average citizen cannot access these systems. So, in a private transaction, the best a citizen can do is be reasonably sure that the person they are selling a gun to, or buying a gun from, is not a prohibited person. Typically this is why most private transfers are amongst friends and family. In my experience, very few private transfers occur between complete strangers. However, sometimes it’s not that simple. This one comes up a lot in gun control chatter – the universal background check. Several states, such as California, New York, New Jersey, Colorado, Oregon, and Washington State have enacted universal background check laws as part of their incremental push for total gun control. Ostensibly, the idea behind these checks is to give citizens access to the background check system by requiring private sales to be done at licensed gun shops, where the dealer can perform the background check prior to the transfer being completed. Of course, there’s a few catches.

• The dealer will charge money for the background check, sometimes in excess of $50. This could very well negate any savings the buyer was hoping to get.
• Universal background checks only ‘work’ if there’s firearms registration, i.e. the dates and persons involved in all the transfers of said item are logged by the government. Firearms registration is incompatible with the ideals of the Second Amendment, as a registry makes it easier for the government to confiscate privately-owned guns. UBCs are a step in the overall gun control agenda, and serve no public utility.
• Criminals trade, steal and buy guns regardless of legality. UBC laws don’t stop them.
However, in those states, private transactions have to be done on the premises of a licensed gun dealer, and if private transistors want to remain within the bounds of the law, they have to do it. Now, as I noted above, the UBC law really doesn’t account for much without registration (yes, you could in theory check if a gun was manufactured after the UBC cut-off date…), but nonetheless, people in these states have an extra layer of compliance to worry about.
Private sales can only happen legally between residents of the same state
This is a federal requirement. Private transfers, whether the state has a UBC requirement or not, can only take place between residents of that state. For example, as a resident of Florida, I can privately sell a firearm to my cousin who lives in Orlando, but I cannot privately sell a firearm to my friend who lives in Texarkana, Texas. If my friend in Texarkana really wanted my gun, I’d have to box it up, ship it from my local gun store to a local gun store of his choosing in Texas. Essentially it’d be really inconvenient and he’d be better off finding the gun in-state or through a licensed dealer. A good reference for qualifying legal private sales can be found on the ATF’s website.
Is this the ‘gun show loophole’?
There’s no loophole. A loophole is defined as an oversight in laws which people take advantage of. Laws concerning the private sale of firearms transfers are crafted, for the most part, to explicitly allow for said private sales to happen. Some people are under the impression that gun shows are free-for-all arms bazaars. While that would be nice in a way, the reality is that the dealers at gun shows who are selling firearms have to comply with the same federal background check laws as if they were selling from their own storefront. Step into a modern gun show, and each and every dealer will have laptops and iPads out, conducting background checks and credit card transactions in the course of their business. Yes, there’s sometimes people wandering around a gun show looking to sell a gun in a private transaction. Yes, this is perfectly legal. However, most gun shows don’t allow the transactions to happen on the show floor, and 99 percent of these transactions are just some guy looking to move an old rifle or pistol that even a gun dealer won’t accept in trade. In other words, not worth crying over. If you are going to do a private transfer, Unless you are in a UBC state, whereby then you are required to do the transfer at a licensed gun dealer, there are some sensible precautions one can take to ensure a transfer falls within the bounds of state and federal law.
• Do it outdoors, during the day, in a public place. Most people choose somewhere obvious like a Wal-Mart parking lot. In some jurisdictions, the local police explicitly allow and recommend that private firearms sales happen in their parking lots. Someone up to no good isn’t likely to want to be in a public place with surveillance cameras, witnesses, and potentially, law enforcement officers.
• Generate a bill of sale. Google around for one, and fill out the relevant details. Make, model, calibre, and the full names and addresses of the parties involved. Again, someone legitimately wanting that gun you are selling on Arms list won’t hesitate to play ball.
• Document identification, on both sides. You have a smartphone, take a photo of the ID of the person you are buying the gun from, and vice versa. That way you both have records of whom is involved in the transaction.
While these procedures aren’t automated like NICS, conducting these willingly is a great indicator that the parties involved aren’t prohibited persons.

Buyback schemes are an anathema to gun owners. The term alone is pretty incongruous, as it implies the State ‘owned’ your firearms at some point. No matter how old or useless the gun is, there’s always a dealer or a private party willing to pick it up. You just have to look around, and you’ll get more than you would from some taxpayer-funded money-wasting scheme.

What Is The Gun Show Loophole?

Talk of the gun show loophole emerged in the 1980s and 1990s, said David Chipman, a retired ATF agent who now works for a gun control advocacy group called the Giffords Center. “People were selling guns through newspapers and classifieds,” he said. “And gun shows, which were primarily just flea markets, became more popular because they allowed private sellers of guns to go to locations where buyers of guns would be. What you had was this interesting circumstance where … a licensed gun dealer set up next to a private party. Both would be selling the same gun, but they would have to abide by different laws.” That circumstance where private sellers are exempted from conducting the background check required of gun dealers with a federal firearms license became known as the “gun show loophole.” Gun stores, whether a local mom-and-pop or a giant chain, must obtain a federal license as a gun dealer. Gun advocates have long claimed the gun show loophole is a myth. A “fact sheet” from the National Shooting Sports Foundation, an industry trade group, declares flatly: “There is no gun show loophole.” The organization correctly notes that the rules for selling guns aren’t any more lax at gun shows than they would be in most parking lots. It’s also true that most vendors at gun shows are licensed dealers. But many gun shows allow people who aren’t licensed dealers to rent tables too. Some exhibitors are gun collectors who aren’t considered to be selling firearms as a business, but have plenty of guns to sell as they consolidate their collection. Then there are people like Nelson, who walk around trying to sell guns. At the Tulsa Arms Show, many private sellers are essentially walking billboards, advertising their guns on a backpack or by sticking a flag down the barrel of a rifle slung over their shoulder. The “gun show loophole” might be more aptly termed the “private sale exception.” While the vast majority of guns sold in the U.S. — some estimates say more than 75 percent are sold by licensed dealers, sales between private citizens can be arranged online or in person at any place and any time.
When Are Background Checks Required?
Whichever term you prefer, or even if you think the loophole doesn’t exist, the phrase represents a real phenomenon under federal law: Not every gun sale is preceded by a background check. The laws vary, but in most states private sellers only break the law if they knowingly sell to a prohibited person. For example, Nelson is not supposed to sell a gun to convicted felons, or to people who live outside of Oklahoma. He doesn’t, however, legally have to ask about those things. In the absence of required formal background checks, Nelson, a retired police officer and Air Force veteran, said he developed his own system to judge who to sell his guns to. If they look younger than 21, for instance, or if they look “thuggish,” he says he won’t sell. “I don’t want to have any of the guns that are in my name fall into the wrong hands,” Nelson said. In comparison, when a gun dealer sells a firearm they must conduct an FBI background check regardless of where the sale takes place. And if they sell to an out-of-state resident, the gun must first be transferred to a licensed dealer in the resident’s home state.

Who Is Policing Illegal Gun Sales?

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is tasked with policing gun sales across the country. Chipman, the retired ATF agent, spent part of his career investigating firearm trafficking at gun shows and elsewhere. He said the agency sometimes has undercover agents at gun shows, but usually only in response to a specific tip. “Rarely, if ever, did we do ‘fishing expeditions,’” he said. “I think the public doesn’t understand how small ATF is. ATF has 2,600 special agents … I think the Capitol Police Department here in [Washington, D.C.] has 2,200 sworn officers.” Both the Trump and Obama administrations have taken steps to target gun crimes, but prosecutions for illegal gun-dealing remain rare.
Is There Support For A Solution?
Over time, federal legislation that specifically targets gun shows has been replaced by proposals for universal background checks, which would cover almost all gun sales. So far, none of the proposals have garnered enough Republican support to become law. Republicans aren’t completely opposed to the idea of background checks for more guns, said David Kopel, a gun advocate, researcher and University of Denver law professor. Rather, he said past negotiations broke down over disagreements about how to implement the change: Force all gun sales to go through the current dealer-based background check system? Or let private sellers access the system themselves? The key difference is that gun dealers have to keep permanent records of every transaction, which the ATF can later use to trace guns that are ultimately used in crimes. Kopel believes the underlying motive is about “registering all guns and gun owners,” which could make it easier for gun seizures at some point in the future.

Utah Gun Lawyer

When you need a Utah Gun Lawyer, 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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Hotel Ownership Lawyer

A hotel with a recognized brand name may be a reassurance to most that their stay will be uneventful. A brand name on the outside of a hotel, however, is not an indication of ownership. Approximately three-fourths of United States hotels operate as franchises and most of the physical hotel buildings are owned by someone other than the hotel operator.

Types Of Hotel Ownership

There are four basic types of hotel ownership and management: franchise, privately owned and operated, leased and managed. A franchise operation is privately owned, but the owner pays an up-front fee to purchase the franchise along with ongoing royalties. A privately owned and operated hotel may have investors or others with a financial interest in the hotel, but the ownership structure is in one person or company’s name. Leased hotels are owned by an individual or company, but normally lease the physical building. A managed hotel is also privately owned, but has signed an agreement with another hotel brand to run the hotel operations.

Franchise Model

A franchise hotel operation has clear advantages and disadvantages. While the hotel will benefit from recognition of the brand name by consumers, a proven business model and national marketing, the hotel’s owner is dependent on that brand name for its business. If the brand loses popularity with consumers, the owner’s business suffers as well. In addition, since a franchise is generally limited to the territory it can market in and cannot franchise itself, its growth options are limited to purchasing additional franchises.
Privately Owned and Operated
This type of hotel ownership gives an owner the most freedom, but also the biggest risk. The hotel owner is free to make all decisions on staff, operational structure and growth, but does not have the benefit of a brand behind him. All marketing research and efforts must be built from the ground up.

Leased Model

Leased hotels are also privately owned, but the physical hotel building belongs to someone else. These types of arrangements are generally on long-term leases. The lessor will stipulate a minimum rent for the premises, and may also include a sliding scale based on total revenue for ongoing rent.

Managed Model

While the trend for new hotels is to open as franchises, existing hotels quite frequently go the managed route. This is where an existing privately owned hotel partners with a recognized brand name or smaller, more experienced hotel. The hotel continues to be privately owned, but the managing hotel takes over the day-to-day operations of the business and quite frequently lends its brand name as well. The managing hotel charges royalties based on total revenues.

Hotel Franchise

If you’re an aspiring entrepreneur interested in the hospitality industry, you might consider purchasing a hotel franchise. Since franchises come with a plan for running the business along with support, purchasing one can be a good way to get started in business ownership. However, you should be aware of the downsides in terms of costs, less control, risk and contractual obligations. Consider both the advantages and disadvantages of hotel ownership as a franchisee to decide if it’s right for you.

Startup Costs and Franchise Fees

Expensive startup costs and ongoing fees are some franchise disadvantages that can make it harder for you to get started as a business owner as well as to operate profitably. The initial investment for top hotel chains can run into the hundreds of thousands to millions of dollars. The initial investment includes the initial franchise fee and all other resources – like the building, staff and supplies that are necessary to open your doors. This can cost a lot more than starting a small bed and breakfast or independent hotel, so seeking multiple sources of financing will likely be necessary. Even after you open your doors, you can expect to pay several types of fees for as long as you own the hotel franchise. These can include royalties based on your monthly revenue along with fees for marketing and advertising. Your franchise contract will specify these fees for you.

Less Control Over Your Business

Another one of the disadvantages of chain hotels when it comes to being a franchisee is that you give up a lot of control over how, when or even where you operate. From restrictions on how many hotel franchises can operate in a certain geographic region to what kind of food you serve in your hotel’s restaurants, you’ll need to follow all the franchisor’s rules to avoid breaking your contract. For example, you might find that you can only purchase supplies from a specific supplier or that you have to position your hotel room furniture in a set way. Franchise ownership has less room for creativity since you’ll have to maintain the chain’s brand image. This means having to use the chain’s slogans, colors and any logos rather than your own.

Hotel Franchise Contract

Along with having less flexibility in running the hotel, you are also locked into the franchise agreement, often for a term of several years. If you want out, your contract’s termination clause will explain under what conditions you can exit the agreement. For example, it might allow you to exit if the franchisor does something fraudulent or does not provide you with sufficient training. At the same time, the contract notes under which conditions the franchisor can end the contract with you as a franchise owner. For example, if you can’t afford to pay your fees, or if you try to operate outside the hotel chain’s rules, you can end up losing your business.

Risks of Hotel Franchises

While buying a franchise may be less risky than starting up a new business on your own, this option does not mean that your business will be a guaranteed success. While your business skills will have an impact on how well your hotel performs, the reputation of the franchisor does as well. If the hotel chain is known for poor customer service in general, your franchise may have trouble getting as many guests as you want, even if you personally seek to provide excellent customer service. This means you’ll want to research the chain and read reviews from other franchisees when making your decision. There is also the risk that your franchisor will not provide enough support to help you succeed. While major chains like Choice Hotels provide ongoing support and training to franchisees to help them build their revenue and optimize operations, some others might care more about collecting fees from you than seeing you do well.

Exploring Franchise Hotel Advantages
While there are hotel franchise disadvantages, there is still a lot to gain as a franchise owner. If you purchase a franchise of a top-performing hotel chain that offers great support to franchisees and has a great reputation, you can see good profits. Although you do have less control over the business, this can also mean less stress since you’ll already have a plan for running things. Lastly, you may even find it easier to get financing for your franchise than for a brand-new, independent business.
Difference Between a Dealership & a Franchise
A dealership and a franchise are two forms of conducting business through association with a company that is already established in the market. Both arrangements have a similar aim of saving on start-up costs by dealing with a product that already has brand recognition and, therefore, less consumer resistance. However, there are several differences between a franchise and a dealership.
Control
One of the main differences between the two is how they are run. A dealership is run by an independent entrepreneur, while a franchise is managed by a franchisee. Most business people prefer running dealerships rather than franchises, because they can run the dealership business as they see fit. They are only advised on how to run it by the parent, but they do not have to follow this advice. They choose the pricing for their products and working hours. A franchise represents the company as a whole. This means the managers have to follow all the company’s rules and regulations.
Royalties
Franchises have to pay their parent companies monthly royalty fees for trading in the brand. In addition to these fess, most franchises also have to pay their umbrella companies a certain percentage of their total monthly sales. The owner of a dealership does not have to deal with so many charges. This allows him to retain more profit.
Initial Start-Up Costs
The charges involved in setting up a franchise are substantial. The entrepreneur has to pay for franchising fees, equipment and other licenses. He also must find a number of people to employ. These employees need to be trained, and this is an additional cost. A dealership owner, on the other hand, does not have to worry about such costs. He mostly incurs the costs of getting the license and purchasing the products.
Goals
Another difference between the two is their goals. A franchise has to meet the set targets set by the franchiser (the main company). Franchise owners also are required to buy a fixed number of products from the parent company. If the franchisee does not meet these requirements, he can be shut down by the franchiser. The owner of a dealership sets his own goals. Whether he achieves his goals is up to him.

Obtaining a business license to operate a hotel involves a detailed process, but most state and local governments have simplified the procedure. If you are going into the hotel business, you may need more than one permit. In addition to obtaining state and local licenses, you will likely need a special hotel permit, depending on your area. Follow these few steps to help you get through the process.
• Form a business entity: Your hotel business must have a professional name and operate as an official business. In most states this is a requirement in order to get a hotel business license. Form a Limited Liability Company (LLC). An LLC is a perfect entity for companies that do business with customers at a central location and charge sales tax. Because you will be taking a significant amount of risk by allowing customers to use your facility to sleep and dine, an LLC will allow you to protect your personal assets in the event of a lawsuit. Hotels also have considerable ongoing expenses. By operating as a LLC, you will have the ability to properly account for regular expenses and write-off many of them off, which is often not possible as a sole proprietorship or partnership. An LLC will also allow you to make financial decisions on behalf of your business. Contact your secretary of state for LLC registration forms (see Resources).
• Obtain state license application: Contact your secretary of state to obtain a hotel business license application. In some states, a hotel is treated like any other business. In others, a hotel must meet additional requirements than businesses in other industries. Ask for a list of special requirements for a hotel. Have a copy of the license application sent to you or download it directly from your state’s website.
• Complete state application: You may be required to disclose your articles of incorporation, proof of working capital and banking information and pay a state fee of $100 or more. Have a copy of your business plan and a professional drawing of your hotel’s layout handy. You may be required to furnish this information.
• Apply for a city license: Many cities require hotels to obtain special-use permits and local business licenses. Contact your county clerk’s office to access the proper application forms. You will likely be charged a one-time application fee of $100 to $500. You may also be charged additional fees depending on how many sleeping rooms your hotel has.
• Submit your applications: After thoroughly completing both applications, mail them to the appropriate departments. State applications, depending on your area, are commonly sent to the secretary of state or your state’s department of revenue. Local applications will likely be reviewed by your county clerk or treasurer’s office.

Organizational Structure of a Hotel

Approximately 15.2 million people were employed in the hospitality industry in 2015. From general managers and financial directors to department managers and maintenance staff, each employee has a well-defined role in this type of organization. Hotels require a formal organizational structure to carry out their daily activities. This structure influences all processes and operations. As a hotel owner or manager, it is your responsibility to organize the workforce. An effective hotel organogram can increase work efficiency and productivity. It is important to delegate tasks within and among departments, define the role and functions of each department and be clear about who is doing what. A hotel organogram is an organizational chart that illustrates the structure of a hotel and the role of each department or unit. Basically, it shows how the hotel is structured and how the available positions relate to each other. What this chart looks like depends on the facility. An international hotel chain, for example, will have a more complex structure compared to a local hotel or a small resort.

Importance of a Hotel Organogram

The purpose of a hotel organogram is to clearly describe the authority, responsibilities and duties of each department and its staff. It illustrates who is in charge of what and who is subordinated to whom and makes it easier to monitor employee performance. It also helps employees understand their daily tasks and relation to other employees. Each hotel has a different organizational structure depending on the services provided. For example, a luxury mountain resort may have individual departments in charge of entertainment, spa and wellness services, medical services and more. An organizational chart helps streamline these operations and makes planning easier. It also allows for effective resource allocation and smarter hiring decisions. A hotel organogram may also come in handy if you ever decide to expand your operations. For example, you can use this tool to see how each department performs and identify areas where you could cut costs. Having the right structure in place will help you avoid unnecessary expenses and keep your operations running smoothly while maximizing employee productivity and performance.
Benefits of International Franchising
International franchising, in simple terms, is when a business allows another entity to use its licensed procedures, processes and business model to start their own copy of the existing business in another part of the world. According to this international franchising definition, a restaurant may grant a franchise, including their menu, procedures, style, brand, etc., to an individual looking to start a business or open a restaurant. This can help improve brand visibility, and it should produce extra income for both the franchisee and the franchisor, but how can a business owner decide whether this is the right path for their company

Purpose of Franchising

The purpose of franchising is, at its root, a method of marketing or advertising a company’s goods and services. It can be viewed as a growth strategy, giving the franchisor control over expansion yet limiting their own capital investment since the franchisee takes on that cost and risk. It widens the market and creates a network of outlets that expand the customer base. There are advantages and disadvantages to franchising, both for the franchisor and the franchisee, and franchising isn’t guaranteed to work with all business models.

International Franchise

For the international franchisor, the advantages include worldwide expansion of the business without giving up too much control or requiring extensive capital; the franchisee provides the capital resources needed to start up their franchise. The legal risk is thus lessened for the franchisor, who’s only responsible for the business that contains their own capital. In addition, it speeds up business growth, and the ownership on the part of the franchisee usually results in increased motivation and better staffing. However, not all of the money from the franchised entity will end up in the franchisor’s pocket as the franchisee is entitled to a portion of that profit. There’s also a portion of control that must be handed over to the franchisee, including employment and supply chain, that the franchisor must agree to give up.

Utah Hotel Lawyer

When you need legal help from a Utah Hotel Lawyer, 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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Personal Bankruptcy

Under the U.S. Constitution, you have the ability to relieve all or part of your debts when you can no longer meet your obligations to creditors and lenders. Two major types of personal bankruptcy apply to consumers. Chapter 7 bankruptcy allows debtors to discharge all or part of their debt. In Chapter 13 bankruptcy, debtors repay all or part of their debt based on a payment plan.

Chapter 7 Bankruptcy

Under Chapter 7 bankruptcy, you can have all or part of your debts discharged after your liquid assets are used to repay some of the debt.

What Are Liquid Assets?

Liquid assets are assets in your possession that can be easily and quickly converted into cash. Common examples include any balance you may have in a checking or savings account. State law dictates what kinds of liquid assets must be used to pay back creditors—these are known as exempt (cannot be used to repay) and non-exempt (must be used to repay) assets. Your non-exempt liquid assets must be turned over to the courts to be distributed among your creditors as partial repayment of the debt you owe. After any non-exempt liquid assets have been distributed to your creditors, any remaining debt is discharged. You are no longer liable for any debt discharged, and you get to keep your exempt assets. Furthermore, neither creditors nor third-party collectors can attempt to collect these debts from you.

How Do I Qualify?

To qualify for Chapter 7, you must pass a means test proving that your income is less than the median income for your family size in your state. In addition to passing a means test, you must receive credit counselling from an approved credit counselling agency. You can find approved credit counselling agencies at the U.S. Trustee Program’s website. If you fail the means test, you will not be allowed to file Chapter 7. Instead, you can file Chapter 13.

Chapter 13 Bankruptcy

Under Chapter 13, you repay all or part of your debt through a three-to-five-year repayment plan. When you make the personal bankruptcy filing, you will also submit a repayment plan to the court. After submitting the plan, you should begin making payments to the court (who then pays your creditors). This is required even if your plan hasn’t been approved. After a few weeks, there will be a hearing to approve your payment plan. While creditors can object to the payment amounts, the judge has the final say. After your plan has been approved, you’ll continue making payments to the court. Once you’ve completed your Chapter 13 payment plan, any remaining debt is discharged. You are no longer liable for discharged debts.

Reasons Why Some Choose Chapter 13 Over Chapter 7

You might choose to file Chapter 13, even if you could file Chapter 7. Some people choose to do this if they have secured debt, like a car loan, that they want to continue paying so they can keep their car. Since Chapter 7 bankruptcy requires you to give up certain liquid assets, Chapter 13 might be a better option if you want to keep these assets. Furthermore, if your income is above the median for your family size in your state, you will not be able to file Chapter 7 bankruptcy. According to the U.S. Bankruptcy Code, to file Chapter 13, you cannot have more than $922,975 in secured debt and $307,675 in unsecured debt. Also, like Chapter 7, you must receive credit counselling from an approved credit counseling agency.

Steps to File for Bankruptcy

It starts with compiling all your financial records – debts, assets, income, expenses – and listing them. This not only gives you a better understanding of your situation, but also gives anyone helping you (and eventually the court) a better understanding. The next step is to receive credit counseling within 180 days before filing your case. This is required step. You must obtain counseling from an approved provider listed on the United States Courts website. Most counseling agencies offer this service online or over the phone. The courts want you to do this to make sure you have exhausted all possibilities of finding a different way to handle your problem. It’s important to understand that credit counseling is required. You will receive a certificate of completion from the course and this must be part of the paperwork when you declare bankruptcy, or your filing will be rejected. Next, you file the petition for bankruptcy. If you haven’t done so at this point, this might be where you realize you need to find a bankruptcy lawyer. Legal counsel is not a requirement for individuals filing for either Chapter 7 or Chapter 13 bankruptcy, but you are taking a serious risk if you choose to represent yourself. For one thing, you may not understand federal or state bankruptcy laws or be aware which laws apply to your case, especially regarding what debts can or can’t be discharged. Judges are not permitted to offer advice and neither are the court employees involved in a case.

There also are many forms to complete and some important differences between Chapter 7 and Chapter 13 that you should be aware of when making decisions. Finally, if you don’t know and follow the proper procedures and rules in court, it could affect the outcome of your case. When your petition is accepted, your case is assigned to a court trustee, who sets up a meeting with your creditors. You must attend the meeting, but the creditors do not have to be there. This is an opportunity for them to ask you or the court trustee questions about your case. If you cannot afford to hire an attorney, you may have options for free legal services. If you need help finding a lawyer or locating free legal services, check with the American Bar Association for resources and information.

Where Bankruptcy Doesn’t Help

Bankruptcy does not necessarily erase all financial responsibilities. It does not discharge the following types of debts and obligations:
• Federal student loans
• Alimony and child support
• Debts that arise after bankruptcy is filed
• Some debts incurred in the six months prior to filing bankruptcy
• Taxes
• Loans obtained fraudulently
• Debts from personal injury while driving intoxicated
It also does not protect those who co-signed your debts. Your co-signer agreed to pay your loan if you didn’t or couldn’t pay. When you declare bankruptcy, your co-signer still may be legally obligated to pay all or part of your loan.

Bankruptcy Terms to Know

Throughout bankruptcy proceedings, you’ll likely come across some legal terms particular to bankruptcy proceedings that you’ll need to know. Here are some of the most common and important ones:

• Bankruptcy trustee: This is the person or corporation, appointed by the bankruptcy court, to act on behalf of the creditors. He or she reviews the debtor’s petition, liquidates property under Chapter 7 filings, and distributes the proceeds to creditors. In Chapter 13 filings, the trustee also oversees the debtor’s repayment plan, receives payments from the debtor and disburses the money to creditors.

• Credit counseling: Before you’ll be allowed to file for bankruptcy, you’ll need to meet either individually or in a group with a non-profit budget and credit counseling agency. Once you’ve filed, you’ll also be required to complete a course in personal financial management before the bankruptcy can be discharged. Under certain circumstances, both requirements could be waived.

• Discharged bankruptcy: When bankruptcy proceedings are complete, the bankruptcy is considered “discharged.” Under Chapter 7, this occurs after your assets have been sold and creditors paid. Under Chapter 13, it occurs when you’ve completed your repayment plan.

• Exempt property: Although both types of bankruptcy may require you to sell assets to help repay creditors, some types of property may be exempt from sale. State law determines what a debtor may be allowed to keep, but generally items like work tools, a personal vehicle or equity in a primary residence may be exempted.

• Lien: A legal action that allows a creditor to take, hold and sell a debtor’s real estate for security or repayment of a debt.

• Liquidation: The sale of a debtor’s non-exempt property. The sale turns assets into a “liquid” form — cash — which is then disbursed to creditors.

• Means test: The Bankruptcy Code requires people who want to file Chapter 7 bankruptcy to demonstrate that they do not have the means to repay their debts. The requirement is intended to curtail abuse of the bankruptcy code. The test takes into account information such as income, assets, expenses and unsecured debt. If a debtor fails to pass the means test, their Chapter 7 bankruptcy may either be dismissed or converted into a Chapter 13 proceeding.

• Reaffirmed account: Under Chapter 7 bankruptcy, you may agree to continue paying a debt that could be discharged in the proceedings. Reaffirming the account — and your commitment to pay the debt — is usually done to allow a debtor to keep a piece of collateral, such as a car, that would otherwise be seized as part of the bankruptcy proceedings.

• Secured debt: Debt backed by reclaimable property. For example, your mortgage is backed by your home, and for an auto loan, the vehicle itself is the collateral. Creditors of secured debt have the right to seize the collateral if you default on the loan.

• Unsecured debt: A debt for which the creditor holds no tangible collateral, such as credit cards.

What Can Bankruptcy Do for Me?

Bankruptcy may make it possible for you to:
• Eliminate the legal obligation to pay most or all of your debts. This is called a “discharge” of debts. It is designed to give you a fresh financial start.
• Stop foreclosure on your house or mobile home and allow you an opportunity to catch up on missed payments. (Bankruptcy does not, however, automatically eliminate mortgages and other liens on your property without payment.)
• Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
• Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt.
• Restore or prevent termination of utility service.
• Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.

What Doesn’t Bankruptcy Do?

Bankruptcy cannot, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to:
• Eliminate certain rights of “secured” creditors. A “secured” creditor has taken a mortgage or other lien on property as collateral for the loan. Common examples are car loans and home mortgages. You can force secured creditors to take payments over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money if your property is taken. Nevertheless, you generally cannot keep the collateral unless you continue to pay the debt
• Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, certain other debts related to divorce, some student loans, court restitution orders, criminal fines, and some taxes. (see Utah Non-Dischargeable Debts)
• Protect cosigners on your debts. When a relative or friend has co-signed a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.- Discharge debts that arise after bankruptcy has been filed.
Can I Own Anything After Bankruptcy?
Yes. Many people believe they cannot own anything for a period of time after filing for bankruptcy. This is not true. You can keep your exempt property and anything you obtain after the bankruptcy is filed. However, if you receive an inheritance, a property settlement, or life insurance benefits within 180 days after your bankruptcy, that money or property may have to be paid to your creditors if the property or money is not exempt. You can also keep any property covered by Utah bankruptcy exemptions through the bankruptcy.

Will I Have to Go to Court?

In most bankruptcy cases, you only have to go to a proceeding called the “meeting of creditors” to meet with the bankruptcy trustee and any creditor who chooses to come. Most of the time, this meeting will be a short and simple procedure where you are asked a few questions about your bankruptcy forms and your financial situation. Occasionally, if complications arise, or if you choose to dispute a debt, you may have to appear before a judge at a hearing. If you need to go to court, you will receive notice of the court date and time from the court and/or from your attorney. To find the location of the court that serves your area visit the Utah Federal Bankruptcy Court Directory page.

Things to Know About Filing Bankruptcy

• Deadlines: Deadlines are critical in bankruptcy court. The rules in bankruptcy are very complex, can be technical, and all case deadlines must be met. Failing to file the appropriate forms or documentation on time may result in your case being dismissed or delayed.
• You need to qualify to file for bankruptcy: Many people who would have qualified for a Chapter 7 discharge before the 2005 changes must now use Chapter 13 instead, which involve repayment of some of your debts. This is determined using the Means Test.
• Repayment Plans: In a Chapter 13 bankruptcy case a repayment plan that must be filed with the court. The court has a process that will determine exactly what income and expenses you have, and then calculate the reasonable expenses and monthly repayment amount for your case. In Utah this plan must be submitted to the court and confirmed.
• DIY Bankruptcy: Representing yourself in bankruptcy can be a huge mistake. The laws and the corresponding rules in bankruptcy can be very confusing, and many common errors could cost you a chance at a new financial start. An experienced attorney can help you determine the right laws to help you, represent you at the hearings and the meetings with creditors, and get most of the time save you money in the end.
• Focused Court: The Bankruptcy Court is a federal court which exclusively deals with bankruptcy cases. These courts are located around the United States, and they only handle bankruptcy cases and matters related to this legal area. You reside in an area that is served by a bankruptcy court.
• You get your own Trustee: The Department of Justice and the Bankruptcy Court will appoint a trustee in your case. This trustee will be responsible for overseeing your specific case and ensuring that all of the documentation is filed. The trustee is not in favour of either the consumer or creditors, but is an officer of the court instead.
• Get the best attorney: Choosing the right attorney that you can afford to represent you in bankruptcy court is very important and can affect the outcome of your case. You want a lawyer who will aggressively defend you and work hard to overcome any objections that may be presented by your creditors or the trustee. Experience is also very important, so you want an attorney who is very knowledgeable in bankruptcy law and that has been in the game for a long time.
• Your goal is a discharge: Another interesting thing to know about filing bankruptcy is that a bankruptcy discharge is an order issued by the bankruptcy court stating which of your debts are forgiven. Usually this will include most unsecured debts that have not been repaid are eliminated in the process unless you have reaffirmed your obligation.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law 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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Foreclosure Lawyer South Salt Lake Utah

South Salt Lake is a city in Salt Lake County, Utah, United States and is part of the Salt Lake City Metropolitan Statistical Area. The population was 23,617 at the 2010 census. According to the United States Census Bureau, the city has a total area of 6.9 square miles (18 km2), all land. The city is bordered by the Jordan River on the west, 500 East and 700 East on the east, 2100 South on the north, and 3900 South on the south. West Valley City lies to the west, Salt Lake City to the north and northeast, and Millcreek to the east and south. Because of its location next to the Jordan River and well away from the mountains, it is mostly flat, only ranging in elevation from about 4,330 feet (1,320 m) to 4,380 feet (1,340 m). Since 2007, crime in South Salt Lake has been reduced by 30%. Former SSL Police Chief Chris Snyder attributes the drop in crime to 4- factors:

1) Increased attention to code enforcement,

2) Crime Free Rental Housing program that results in greater landlord scrutiny of potential renters,

3) Partnerships, such as that with United Way of Salt Lake, combined with community organizing, such as the Promise South Salt Lake initiative, South Salt Lake Community Connection that address resident needs and improve neighborhoods, and

4) Extensive youth development efforts, such as Promise afterschool programs delivered in nine Neighborhood Centers across the city, and urban/neighborhood revitalization projects. There is a new emphasis on redevelopment (including the Market Station development) and a reduction in the number of liquor licenses allowed to be issued is anticipated to reduce crime in the city.

Understand How Foreclosure Works

Whether you are a lender or a borrower, if you are involved with a mortgage that is arrears, you should know the foreclosure process. Foreclosure is the legal steps that a lender takes to recover arrears and principal on mortgage loan that is in default.

What is a Default that Starts the Foreclosure Process?

The most common default under a mortgage is the non-payment of regular mortgage payments. Legally, the foreclosure process may start after only one missed payment. Other types of default include, allowing damage to the property, failing to make tax payments, failing to insure the property, failing to make condo fee payments, etc. Call our team to find out if a particular action or inaction constitutes a default under your specific mortgage.

Who Pays for the Cost of Foreclosure?

All costs are paid by a borrower in a foreclosure action. As part of the foreclosure process, costs can include (but are not limited to) lawyers, process servers, appraisers, realtors, property managers, repairs, etc. The mortgage agreement allows the lender to add all costs it incurs to the debt owed by the borrower. This is important as a lender (or insurer) can pursue a deficiency judgment in certain circumstances. Two examples are commercial borrowers and CMHC or other insured mortgages. This means that the lender may seek payments from the borrower’s assets, wages, etc for any amount owing after the sale is finalized.

Typical Steps In Foreclosure Process

Lenders will usually initiate communication on a first missed payment. Some lenders will call while others will mail a letter notifying you of the missed payment. If the borrower can immediately repay the arrears, this typically ends the foreclosure process. Borrowers should not ignore this communication. Some mortgages have provisions for a single missed payment if there is a situational issue. Missed payments (NSF) usually have a financial cost to them ranging from $50-$150.

Demand Letter

In the foreclosure process a demand letter is usually sent after the second missed payment. This letter can be sent by the lender directly, a collections company or a lawyer. In all instances this letter will state that if arrears are not paid up, a foreclosure will be commenced against the land owner.

Filing of a foreclosure claim

In Utah, foreclosures are started by way of a statement of claim. The claim is filed in the Court of Queen’s Bench. Once this stage of the foreclosure process is started, a borrower will be liable for more significant costs as most lawyers provide for a borrower to pay all costs associated with the foreclosure process. The lawyer starting the action wills the file a notice on the title to the property. This notice will let other lenders secured on title know that a foreclosure action has been started.

Borrowers Potential Actions in the Face of Foreclosure
These are the typical borrower’s options. Also watch our video on borrower’s options when faced with foreclosure in Utah.

Repay the arrears

In Utah, a borrower in arrears maintains a right of redemption. Up until the final order is granted by the court, a borrower can end the foreclosure process by paying up the arrears or, in some cases, making payment arrangements to pay up the arrears.
Statement of defense
There are very few defenses to foreclosure. This option is not often used as it is expensive and unless there is an error in amounts owed or paid, there is no defense to non-payment of a mortgage. If the amount of the appraised value is very low, this is another time when a borrower may file a defense.
Demand of notice
A demand of notice is a legal declaration that a borrower wants to be kept up to date in the foreclosure process. If a borrower tries selling the property themselves or save money by paying the arrears gradually, this notice requires the lender to go through all the foreclosure process steps and allows a borrower to not be surprised as to then the final foreclosure will occur.
No action
Unfortunately, this is a frequent choice borrowers make. This allows a lender to note the borrower in default. This will happen after the notice period has passed. The Statement of claim clearly shows the amount of time a borrower has to respond to the statement of claim. Effectively, this allows a lender to jump to the end of the foreclosure process.
Quit claim
A quit claim is where the borrower agrees to give title to the lender. A borrower is highly recommended to talk to a lawyer if considering a quit claim as they may lose rights and it may have continuing financial repercussions.

Consenting to the foreclosure

This is another situation where a borrower should talk to a lawyer about the legal consequences of this action. It may allow a person to stay in their home longer; however it can have serious repercussions.
The Redemption Period is the time that the court allows a borrower to pay back the arrears and bring the mortgage current. The time allowed but the courts will vary. There are many factors that will determine how long a borrower can stay in their home (or commercial property) for the redemption period. The single biggest factor is the amount of equity in the property. This time can often be negotiated so call our foreclosure team today for help either speeding up or extending the redemption period. On average the redemption period is 3-6 months.

This is the step in the foreclosure process where a home is put on the market for sale. Most often it is listed, by the court, with a real estate agent. The agent’s fees are paid by the borrower. All offers are presented to the judge. The judge hearing the matter decides if an offer is fair and if, in the circumstance, appropriately accepted. The sale proceeds are used to pay back all debt(s), in priority order, on title. If there are net funds remaining, they are payable to the borrower.

Order for foreclosure

This happens when the property is not sold but is transferred to the lender in satisfaction of the debt. It is a different process than a judicial sale. The foreclosure order may lead to a deficiency judgment.

Why Foreclosures Occur

When you buy expensive property, such as a home, you might not have enough money to pay the entire purchase price at once. However, you can pay a small percentage of the price up front, usually anywhere from 3% to 20% of the price, with a down payment, and borrow the rest of the money (to be repaid in future years). However, the rest of the money may still amount to hundreds of thousands of dollars, and most people don’t earn anywhere near that much annually. Therefore, as part of the loan agreement, you will agree that the property you’re buying will serve as collateral for the loan. If you stop making payments, the lender can foreclose on the property—that is, repossess it, evict you, and sell the property used as collateral (in this case, the home) in order to recover the funds they lent you that you cannot repay. To secure this right, the lender places a lien on your property. To improve their chances of recouping the money that they lend, they (usually) only lend if you’ve got a good loan-to-value (LTV) ratio, a number that represents the risk that the lender will take in granting someone a secured loan, such as a mortgage. To calculate the ratio, the lender divides your loan amount by the value of the home and then multiples the result by 100 to get a percentage. Lenders view an LTV ratio of 80% or less to be ideal. If you have an LTV ratio that exceeds 80%, you will generally require Private Mortgage Insurance (PMI), which can add tens of thousands of dollars to the amount you pay over the loan term.

How Foreclosures Work

Foreclosure is generally a slow process. If you make one payment a few days or weeks late, you’re probably not facing eviction. However, you may face late fees in as little as 10 to 15 days.8 That’s why it’s important to communicate with your lender as early as possible if you’ve fallen on hard times or expect to in the near future—it might not be too late to avoid foreclosure. The foreclosure process itself varies from lender to lender and laws are different in each state; however, the description below is a rough overview of what you might experience. The entire process could take several months at a minimum.

Notices start. You will generally start to receive communications as soon as you miss one payment, and those communications might include a notice of intent to move forward with the foreclosure process. In general, lenders initiate foreclosure proceedings three to six months after you miss your first mortgage payment. Once you’ve missed payments for three months, you may be given a “Demand Letter” or “Notice to Accelerate” requesting payment within 30 days. If, by the end of the fourth month of missed payments, you still have not made the payment, many lenders will consider your loan to be in default and will refer you to the lender’s attorney. This is when things get critical.

A judicial or non-judicial foreclosure ensues. When it comes to foreclosure proceedings, there are two types of states: judicial and non-judicial states. In judicial states, your lender must bring legal action against you in the courts to foreclose. This process takes longer, as you often have 30 to 90 days in between each event. In non-judicial states, lenders can foreclose based on the “power of sale” clause in the agreements you’ve signed with them, and a judge is not involved.5As you might imagine, things move much faster in non-judicial states. But in either type of state, you will be given written notice to make payment followed by a “Notice of Default” and a “Notice of Sale.” You can fight the foreclosure in court; in a judicial state, you’ll generally be served with a summons, whereas in a non-judicial state, you’ll need to bring legal action against your lender to stop the foreclosure process. Speak with a local attorney for more details.

You can stop the process. In certain states, lenders are required to offer borrowers the option to reinstate the loan and stop the foreclosure process. Whether or not those options are realistic or feasible is another matter. Lenders might say that you can reinstate the loan anytime after the “Notice of Sale” up until the foreclosure date (the sale date) and stay in the home if you make all (or a substantial portion) of your missed payments and cover the legal fees and penalties charged so far. You might also have an opportunity to pay off the loan in its entirety, but this may only be feasible if you manage to refinance the home or find a substantial source of money.

Be prepared for an auction and eventual eviction. If you’re unable to prevent foreclosure, the property will be made available to the highest bidder at an auction that either the court or a local sheriff’s office runs. If nobody else buys the home (which is common), ownership goes to the lender. At that point, if you’re still in the house (and haven’t made arrangements to protect the house), you face the possibility of eviction, and it’s time to line up new accommodations. Local laws dictate how long you can remain in the house after foreclosure, and you should receive a notice informing you of how long you can stay. Ask your former lender about any “cash for keys” incentives, which can help ease the transition to new housing (assuming that you’re ready to move quickly).

Get a second chance through redemption. Many states offer what is known as redemption, a period after the foreclosure sale occurs when you can still reclaim your home. The “Notice of Sale” will generally inform you about the redemption period, and timeframes vary by state. You generally must be willing to pay the loan balance that you owe and any costs associated with the foreclosure process to reclaim in the home. It often takes four months after you miss your first payment before you are officially in default of your loan.

How to Avoid a Foreclosure

The act of taking back your home is the last resort for lenders who have given up hope of being paid. The process is time-consuming and expensive for them (although they can try to pass along some of those fees to you), and it is extremely unpleasant for borrowers. Fortunately, you can follow some tips to prevent foreclosure:
• Keep in touch with your lender: It’s always a good idea to communicate with your lender if you’re having financial challenges. Get in touch before you start missing payments and ask if anything can be done. And if you start missing payments, don’t ignore communication from your lender—you’ll receive important notices telling you where you are in the process and what rights and options you still have. Speak with a local real estate attorney or HUD housing counselor to understand what’s going on.
• Explore alternatives to keep your home: If you know that you won’t be able to make your payments, find out what other options are available to you. You might be able to get help through government foreclosure-avoidance programs. Some lenders offer similar programs to those willing to fill out a mortgage assistance application. Your lender might even offer a loan modification that would make your loan more affordable. Or, you might be able to work out a simple payment plan with your lender if you just need relief for a brief period (if you’re in between jobs, or have surprise medical expenses, for example).
• Look into alternatives for leaving your home: Foreclosure is a long, unpleasant, expensive process that damages your credit. If you’re simply ready to move on (but want to at least try to minimize the damage), see if your lender will agree to a short sale, which allows you to sell the house and use the proceeds to pay off your lender even if the loan hasn’t been completely repaid and the price of the home is less than what you owe on the mortgage. However, you may still have to pay the deficiency unless you have it waived. If that doesn’t work, another less attractive option is a deed in lieu of foreclosure, which allows you to reduce or even eliminate your mortgage balance in exchange for turning over your property to the lender.
• Consider bankruptcy: Filing for bankruptcy might temporarily halt a foreclosure. The issues are complex, so speak with a local attorney to get accurate information that’s tailored to your situation and your state of residence.
• Avoid scams: Because you’re in a desperate situation, you’re a target for con artists. Be wary of foreclosure rescue scams, such as phony credit counselors or individuals who ask you to sign over the deed to your home, and be selective about whom you ask for help. Start seeking help from HUD counseling agencies and other reputable local agencies.

Foreclosure Lawyer South Salt Lake City

When you need legal help from a foreclosure lawyer in South Salt Lake City, 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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