Straight Talking on The Law

Distressed Property Consultations Now On Line Strategic Default? Foreclosure? Short Sale?

By: Robert Harris, Oregon Real Estate Attorney

If your home is underwater you can find plenty of information about Oregon foreclosure laws and strategic default options online. Some good, some not so good. But even if you figure out the law you still have to apply that to your specific situation.  

Because of the growing demand for consultations and document review from people considering alternatives to paying for a home that is underwater, we've set up an expedited flat fee process for distressed property owners so they can  get straight answers from an experienced Oregon Real Estate Attorney.

By using our law firm's advantages of excellent technology and experienced attorneys, Harris Law Firm is leading the way in assisting clients throughout the state of Oregon efficiently and effectively.

Here's how our distressed property review works:

Don't Pay for Oregon Family Law Forms That You Can Get For Free

By: Amy Velazquez,

Family Law Lawyer

Your most important asset isn't your car or your home. It's your family. You want to keep them safe and secure and healthy. That's why it's important for you to retain a qualified family law attorney whenever you have the misfortune to be involved in a dispute regarding Child Custody, Parenting Time, Legal Separation in Oregon, Alimony , or any other serious Oregon Family Law issue.

That being said, we understand that some people can't afford an attorney. In those cases, we suggest a non profit  firm that accepts clients on a sliding scale. You can also call the Oregon State Bar and ask about the modest means program for limited income clients. 

If you do chose to represent yourself, for whatever reason, you should think twice before you purchase legal forms from a "big box" store, or from some person who calls themselves a paralegal on craigslist, or from some generic website you found on the internet.

Strategic Default Update

What the Banks Are Up To:

By: Robert Harris

I talk to five to ten people per week on what some people call strategic default. Some have one mortgage, others two, or even three.

Some took their second mortgages out at the same time as their first mortgage, and from the same lender (an 80/20 loan). Some have quit paying on one mortgage, some on all their loans. Each situation is different, and you need to talk your sitaution over with a qualified and experienced lawyer to get advice that's correct for your situation.

However, I have seen a couple of new twists and tactics from the banks.

12 Myths About Bankruptcy

Article of Interest:

Today MSN.com posted a nice concise article about miscommonly held beliefs about bankruptcy. It's pretty similar to the article posted on my Bankruptcy Firm website. But, the MSN article does have some additional tidbits about Chapter 7 Bankruptcy. And, since some people don't believe everything they read on attorney sites, or maybe assume the information is self serving salesmanship, it's always nice to have a neutral source of information.

Mortgage Forgiveness Tax Treatment

By: Robert Harris, Attorney at Law, Harris Law Firm, Hillsboro, Oregon

People considering a short sale or a deed in lieu of foreclosure or a strategic default need to consider how the IRS will treat the debt that is forgiven. Because the IRS typically treates debt that is forgiven as "income" A short sale particularly can result in the mortgage company sending the homeowner a 1099 form stating that the homeowner received "income". However, due to mortgage crisis, the federal government has passed legislative relief for most homeowners.

There is a great blog article from Hertsel Shadian, Attorney at Law, LLC, we found that succinctly sets out the tax issues encountered by all the homeowners that are considering a short sale, deed in lieu or strategic defaulting on their home.

If your mortgage debt is partly or entirely forgiven during tax years 2007 through 2012, you may be able to claim special tax relief and exclude the debt forgiven from your income. Here are 10 facts you should know about Mortgage Debt Forgiveness.

Hit By Bad Driver? What To Do When Other Driver's Insurance Company Calls

By Paul Vames, Oregon Personal Injury Attorney

Let’s say, for example, your car has been “rear-ended” on the freeway or at a stop light. Your rear bumper and trunk are smashed. Your neck and shoulders snap back from the force of the collision and begin to ache. You develop a headache and experience a feeling of disorientation. Your joints are sore.

 

Your primary concern following an injury accident is to feel better and ensure that your injuries are not serious. Your first instinct should be to seek immediate and appropriate medical care from a physician or hospital emergency department. In Oregon, where PIP coverage is mandatory under State law, you can and should get the immediate medical care you need without delay. You paid premiums for this coverage and are entitled to the best care available. PIP is YOUR coverage under your insurance policy. Cooperate with your own insurer and your medical bills will be paid.

 

But what should you do when the insurer for the negligent driver calls and wants information?

 

If you have been injured, tell the opposing insurer only that you have been injured and that you will provide relevant information once your injuries have healed. Do not allow the opposing insurer to obtain information to which it is not entitled.

 

Mortgage Relief Scams

By: Robert Harris,

Attorney Harris Law Firm

For people who are upside down in their homes, and are desparately looking for a way out, rest assured that scammers are more than willling to take yor money. A Huffington Post article about mortgage relief scams explains one type of common scam. 

Before you ever, ever, ever agree to hand your money over to any mortgage relief, or debt workout, or distressed loan "specialist" (who may actually be nothing more than a boiler room operator somewhere in Florida), talk to a local reputable attorney about your legal options. For a relatively small fee, an experienced attorney can assess your situation and spell out your options.

One thing to be aware of. There are a very few number of attorneys who, usually unkowningly, work with these worthless loan modification companies. These companies persuaded some naive attorneys to act as their "fronts". So the attorney is convinced that all they had to do was attract and sign the distressed clients,  collect the fee, and the loan modifaction staff will take care of the client. So if you do retain an attorney, just make sure they are handling all of the work within their own office.

In Oregon, No Drinking During DUI Diversion

By: Jennifer Robins, Oregon DUI Attorney

Often time, client who are considering entering diversion on an Oregon DUI charge ask me, “can I still drink while I am on diversion?”  Until recently, my answer would have been yes, with exceptions.

Oregon’s former DUII Diversion laws generally prohibited consumption of alcohol in two instances. First, no alcohol in conjunction with operation of a motor vehicle. And second, no use of alcohol if your treatment program required abstinence. Otherwise, I advised clients that it wasn’t a violation of the Oregon diversion to consume alcohol during diversion.

However Oregon House Bill 2103, enacted June 23, 2011, now totally prohibits the use of alcohol during the entirety of the DUII Diversion program.  This means anyone who enters the diversion program will be prohibited from participating in a champagne toast during a wedding, enjoying a beer during a backyard BBQ, or having a glass of wine during a nice dinner out. 

House Bill 2103 applies to anyone who enters the diversion program after the June 23 date, whether or not the incident date was before June 23.

The consequences for violating this provision of the new law are severe, including revocation from the diversion program, jail time, a lengthy license suspension and mandatory fines totaling well over $1,000.00.  Anyone who is facing a charge of driving under the influence of intoxicants should consult with an attorney who is familiar with the recent changes in DUII law and be fully advised.  

 

Oregon DUI Diversion For Armed Forces Defendants

By: Jennifer Robins, Oregon DUI Attorney

Oregon’s DUII Diversion program generally allows someone charged with their first DUII to complete a course of treatment (among other requirements) and, if done so successfully, to have the criminal charge dismissed.  Diversion is only a year long program that allows for one six month extension.

Until recently, active members of the United States Military have either been denied entry into diversion, or have been revoked from the diversion program, because  they were required to serve tours overseas, affecting their ability to complete the diversion program within 12 or 18 months.

Oregon House Bill 2702 has eliminated this perceived discrimination against active duty military members in two ways:

1. Active duty service members are no longer denied entry into diversion, simply because they are facing deployment overseas and;
2. Active duty service members will be allowed extensions or stays in order to complete treatment requirements.

The new Oregon DUI law also allows active duty service members to complete treatment during their tour overseas if there is a comparable treatment program to the program that would normally be completed in the United States.  There are also provisions allowing service members to appear at certain court hearings through their attorney or via telephone or other telecommunication devices, if possible.

If you are active duty military and are charged with a DUII, please contact our office for a free 15 minute phone consultation with an experienced Oregon DUI Attorney. 

These changes in DUII Diversion laws are important and if you're in the armed forces, they may greatly effect your criminal and driving record.

 

New Oregon DUI Laws 2011. Ignition Interlock

 

By: Robert Harris

Oregon House Bill 3075 (HB 3075) significantly changes the way Oregon deals with people who are arrested for the first time for DUI. The new law went into effect June 26th, 2011.

In Oregon, the first time you are arrested for a drunk driving charge in Oregon, you may, in most cases, apply for a diversion program. If you complete the one year diversion program requirements, including treatment, the DUII will be dismissed without a conviction.