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 forgivne 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.
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.
Continue reading "Hit By Bad Driver? What To Do When Other Driver's Insurance Company Calls" »
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.
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.
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:
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.
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.
Continue reading "New Oregon DUI Laws 2011. Ignition Interlock" »
By: Robert Harris
We've all heard about the lady at the drive through McDonalds who got an award of millions of dollars from a jury for her coffee burns. While most plaintiff personal injury lawyers know the underlying facts that make sense of the verdict and the subsequent settlement, that case continues to haunt plaintiff lawyers. And has become a wealth of propaganda for big business and politicians who want to stop victims from accessing courts.
A new HBO documentary about the case airs tonight. You will learn, poor Ms. Stella Liebeck was severely injured. She was only asking for her medical bills to be paid and it was a jury that awarded the punitive damages after hearing the facts. How McDonalds purposefully overheated their coffee to a scalding temperature so it would last longer and they could sell more. That the verdict was eventually reduced by the Judge and a settlement was agreed to. The system worked quite well in this case.
You will also learn how big business has attempted to use that case, misrepresenting the facts, in order to deny victims of business fraud and misconduct their day in court. And how conservative politicians have misused the case and abuse the facts in their battle with the American Trial Lawyers, who are known far and wide as huge financial supporters of democrats. Take the trial lawyers out of the game, and you've just stuck a knife into democratic fund raising.
So here's the question. If a business injures you, or defrauds you, or cheats you, would you prefer to have a day in court, With a lawyer by your side where you can make your case to a jury of your peers uncontaminated by campaign donations and back room deals? Or would you rather trust your Congressman to make sure that big business treats you fairly. You may not have access to the front, or more importantly the back, door of your legislators office, no one should be able to stop you from having access to the front door of the Courthouse.
By: Robert Harris
In a landmark case this month called State v. Baty the Oregon Court of Appeals found that there is a crime of attempted Driving Under the Influence. This has very big impacts on defendants for several reasons. Here are the facts in the Baty.
"At around 3:00 p.m., Beaverton Community Service Officer McNeel was patrolling a local Fred Meyer parking lot for illegal use of disabled-only parking spaces. ORS 811.615. McNeel saw a red Ford Taurus parked in one such space. The car was unoccupied and had an Oregon disability parking permit hanging from the rear-view mirror. McNeel verified that the permit was current and learned that it belonged to a woman born in 1926. As he was acquiring that information, he saw a white Acura without a disability permit pull into the disabled-only space next to the Taurus. The driver of the Acura got out and went to a nearby ATM machine. At that point, McNeel approached the cars and parked his patrol car behind the Acura, completely blocking it and partially blocking the Taurus. "
Continue reading "Oregon Court Agrees - You Can "Attempt" A DUI" »
By: Robert Harris
The Ford F-150 is one of the best selling trucks on the road today. The F series has been the best selling vehicle in the US for three decades. Regulators are now reporting that they are investigating 2.7 million F-150's, built from 1997 through 2001, for a potential gas tank design flaw.
The National Highway Traffic Safety Administration reported that the steel straps holding up the truck's gas tank can rust and break, possibly causing a fuel spill and fire. So far, there have been no injuries reported due to the defect.
If you own a 1997-2oo1 Ford F-150, you may be receiving a notice in the mail from Ford regarding a recall of your vehicle. If you have any questions or concerned about the safety of your vehicle, you may want to contact your local Ford dealer to see if they can perform an inspection of the potentially defective parts.
If you're not the original owner, keep your eyes open in the paper for any reported recalls. Even if you're not the original owner, if the vehicle is recalled, you will be able to get it fixed at no cost.
