Real Estate Lawyer Riverton Utah

When you are buying real estate for development, you need to structure the purchase. The first thing that you need to have in place for the purchase is the funds. An experienced Riverton Utah real estate lawyer can help you structure your real estate purchase.

Traditionally, the purchaser of the single-family home supplies equity funds from his own resources. Since the individual home is most frequently purchased for use and occupancy, it is unusual to find more than one individual (or family) contributing equity funds. In practice, the purchaser, however, does not always provide these funds from his own resources. In transactions involving the purchase, for investment, of long term interests in land and improvements, the purchase price is usually so large that equity funds assume considerable proportions. Since the required amount may be beyond the resources of most individuals, a number of ways have been devised to pool individual resources. The most common is the organization of a corporation and the sale of stock. Where building operations are involved, the stock is frequently taken by architects, real estate brokers, contractors, and, in some instances, by those who supply part of the borrowed funds.

Other forms of association such as partnerships, syndicates, and trusts are also employed. A syndicate has been frequently used in sub division or allotment operations, as well as in dealings in acreage or accommodation land.

One type is represented by the organization of a trust. Title, in fee, to the land and improvements is taken by a trustee in accordance with the terms of a trust agreement. The trustee issues certificates of beneficial interest to participants, each of which carries rights to the occupancy and use of a specified apartment. The certificates of interest and the trust agreement also contain provision for payments by the holders to meet operating costs, taxes, and debt service and to cover other contingencies. Ordinarily, provision is made for a board of advisers, selected from the certificate holders, to advise the trustee, although final authority usually rests in him. Among the contingencies provided for are dissolution of the trust, and transfer of the certificate and its privileges. Operating rules are also included. This organization is complex and is used less than the more familiar corporate form, which has tax advantages in a number of states.

When the corporate form is employed, the corporation (instead of a trustee) holds title to the land and improvements in fee. Stock, in an agreed amount, is issued and made transferable only in blocks, each block representing a part of the equity proportionate to the value of the use of a particular apartment. Each block of stock carries with it the right to a proprietary lease of an assigned apartment. The conditions of the lease and the charter and by-laws of the corporation govern its operation and stipulate the rights and privileges of proprietary leaseholders as well as of stockholders. Assessments are made against lease-stockholders to meet the cost of operation, taxes, and debt service, and the stock stands as security for the payment of these assessments. Other provisions in the lease and by-laws cover the same contingencies as does the trust form of organization.

Mortgage Law

The practice of pledging property as security, essential in the acquisition of rights in land and improvements through borrowing, is as old and as ubiquitous as property itself.8 In its simplest form a pledge is signified by the pawn ticket; in real estate financing it has become elaborate, formal, and rigid.

The most common instrument to pledge an interest in land and improvements is known as a “mortgage.” In its earliest form in Anglo-Saxon communities, the mortgage was a deed, that is, it transferred to the creditor both title and possession or occupancy. This deed, however, contained a clause which provided that if the debtor faithfully and punctually performed his obligations, the title, possession, and occupancy pledged would revert to him and the entire transfer would be null and void. If the pledge was redeemed, the transaction was dead, and the debtor recovered his rights.
Today, the mortgage is essentially unchanged in form, but its content and effect have been radically modified. Now, as a result of legislation and court decision, any instrument the purpose of which, either expressed or reasonably implied, is to pledge rights in land and improvements as security for the performance of obligations, is a mortgage; and “once a mortgage, always a mortgage.” Even though the defeasance clause be purposely omitted, if the intent of the parties can reasonably be interpreted as that of pledging rights as security, the instrument and its effect are as though the defeasance clause were included.

In addition, the transaction no longer transfers use and occupancy. In effect, after the transaction, the debtor remains in possession the same as before; and the rights of the creditor become enforceable only upon the debtor’s default in meeting the obligations. In other words, the mortgage gives the creditor a lien against the rights of the debtor, enforceable only after default.

Through the years, the rights of the creditor have become further modified. He no longer comes into full possession of the rights of the debtor, even after default. Instead, he has only the right to demand that the pledged property be offered for sale to satisfy the obligation. If at the sale the obligation is satisfied, the creditor has no further interest. Unless he becomes the purchaser at the foreclosure sale, the interest of the creditor in the pledged property becomes extinguished with foreclosure and sale. He may have other recourse on a bond or note which the mortgage secures, but his rights under the mortgage are exhausted.

It must be emphasized that the interest of the creditor in the property pledged by the mortgage can be enforced only in the future; so long as the obligations of the debtor, under the terms of the agreement, are discharged, the latter has possession and use of the pledged property, free of any interference by the creditor, unless the agreement provides otherwise. Because of his interest, however, the creditor does have an equitable right which enables him to prevent dissipation of the pledged property; otherwise, its management remains in the hands of the debtor until he has defaulted.

Within the framework of such general rules of law or equity, so firmly established as accompaniments of the relationship of mortgagor and mortgagee that they cannot be waived even by agreement, the provisions of the mortgage instrument establish and determine the obligations of the debtor. They may also limit or enlarge the powers and privileges of the mortgagee. In general, any provision may be included by agreement which does not forfeit in advance basic rights of the mortgagor. These are protected as a matter of public policy because the debtor is sometimes a necessitous borrower. As such, he is protected against forfeiture in advance of the right to reclaim his pledge and against the extortion of an unconscionable rate of interest. The term of the loan (the time or times, place, and manner of its repayment), the rate of interest within the maximum, with reasonable penalties for not meeting payments on the due date, or allowances for payments made in advance of their due date, and readjustments or changes in the scheduled payments which may come into effect in certain specified contingencies, these and many other details may be provided for in an agreement embodied in the mortgage instrument.
Within the limitations of law, then, there is ample opportunity for adapting the mortgage instrument to the circumstances peculiar to each transaction. Once executed, its provisions can be changed only by mutual consent, but in its preparation the mortgage instrument is susceptible of great adaptability. Much of its rigidity is the unnecessary result of custom or the routine use of standardized provisions.

Straight-term mortgages

Provisions covering the term of the loan and the manner of repayment illustrate both the potential flexibility of the mortgage instrument and the persistence of customary practice. Traditionally, a term is fixed by agreement, at the end of which the whole loan falls due; accrued interest is payable at stated intervals during the term or in toto at the end. A mortgage containing these provisions is called a “straight-term” or a “straight” mortgage and is well adapted for a debtor who expects to pay the debt on or before its due date and for a lender who wishes to lend for a period approximately equal to the term agreed upon and to recover the whole sum at the end of that period.

Yet the straight-term mortgage is frequently used in transactions in which both the borrower and the lender recognize that the borrower is not likely to be able to pay the debt at the end of the term. Sometimes an agreement to extend the mortgage is part of such a straight-term mortgage. This agreement, however, is commonly tacit or verbal and is not enforceable at law. Thus, its use leaves some uncertainty or creates an advantage for one of the parties. Notwithstanding its inappropriateness, the use of the straight-term mortgage persists.

Partial-payment mortgages

The partial-payment mortgage, which is a variation of the straight term mortgage, provides that at specified intervals during the term a partial payment shall be made to reduce the debt. These payments usually fall due on annual, semi-annual, or quarterly dates, when interest is also due. Under the partial payment play, the sum of the payments on principal is less than the original debt, and a balance, called a “balloon payment,” becomes due at the end of the term.

This arrangement is appropriate when the borrower anticipates receipt of income corresponding to payments scheduled during the term and of a sum sufficient to meet the balloon payment at the end of the term, and where the lender, instead of keeping the original amount of funds outstanding for the entire term, prefers to recover a portion of them at stated intervals and the remainder at the end of the term. In practice, these conditions are seldom found. The balloon payment is usually considered by both parties to represent a sum which the borrower will not have provided and which the lender will not demand, or does not expect to receive, when the term expires. Both parties usually anticipate that this sum will be “refinanced.” Many lenders cling to the practice because it gives them the right at the end of the term to negotiate a different form of agreement for repayment of the balance or to demand its entire liquidation. Borrowers, on the other hand, may use this type of mortgage to borrow funds for other purposes and to have the use of a sizable proportion of the funds for the whole period of the loan.

Fully amortized mortgages

Another type of agreement, the amortized mortgage, is used more and more frequently in mortgage loans on homes. The most common terms embodied in this type of home mortgage provide for full reduction of the debt at maturity by fixed monthly payments. Payments are credited first to interest accumulated for the month at the agreed rate and the balance toward reduction of principal. Other terms provide for the payment of a fixed amount per month on principal and in addition the interest accrued for the month. There are also variations of these two basic types of full amortization agreements.

The monthly amortized mortgage is appropriate where the borrower receives his principal income monthly and where the repayment of the principal in small monthly sums will not result in dispersion of the lender’s principal or cause a loss because of waiting to recapture sufficient principal for further investment. Although not appropriate, therefore, for many individual lenders, it is especially suited to institutional lending. It gives a calculable liquidity expectation to the investment and some turnover of investment which facilitates adjustments of the portfolio to changes in the money market; it also maintains contact between borrower and lender, providing prompt notice of default or other stresses affecting the quality of the investment.

When you are raising money for a real estate purchase, never sign any document without having your Riverton Utah real estate lawyer review them.

Riverton Utah Real Estate Attorney Free Consultation

When you need help with a real estate law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We can help with evictions, quiet title actions, partition actions, and other real property litigation. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do I Need A Lawyer For A Foreclosure?

Bankruptcy Lawyer Sandy Utah

Inheritance Taxes

Homeowners Insurance Law

IPO Law

Can Anyone View A Will

from Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-riverton-utah/

from
https://grum193.wordpress.com/2019/12/03/real-estate-lawyer-riverton-utah/

Can Anyone View A Will?

Contrary to scenes you might have seen enacted on television or in the movies, there’s really no such thing as a “reading of a will.” There’s no legal requirement that a last will and testament must be read aloud to anyone. The executor or personal representative of the estate determines who is entitled to receive a copy and who should be sent a copy even if state law doesn’t require it.

Locating the Will

It doesn’t always happen that family members can immediately locate a decedent’s last will and testament, yet everything begins with this document. Logical places to look include safe deposit boxes and anywhere the decedent was fond of filing away personal papers. The decedent’s lawyer might have kept a copy if he drafted the document. If you don’t know who that lawyer is, consider placing a notice in the local newspaper. You can also check with the probate court. Some states allow individuals to file their own wills before their deaths for safekeeping. Many states require that the individual in possession of the will must file it with the probate court when it’s located. Ideally, the document will name the individual the decedent wanted to act as executor of her estate. Once filed, the will is a matter of public record. When it’s a public record anyone can see it. But if it’s not a public record, you need to be named in the will to see it.

Interested parties can also usually learn the name of the executor by getting a copy of the death certificate from the county registrar. They can then request a copy of the will if they haven’t yet received one or if it’s not yet available for viewing in the court system. This leaves a somewhat long list of who should receive a copy.

The Executor Named in the Will

Obviously, the executor must have a copy of the will. He’s responsible for settling the deceased’s estate according to its terms. He must review it to understand who the beneficiaries are and to learn of any special restrictions or instructions that might exist about their shares of the estate. Many wills also determine what powers should be granted to the executor, sometimes called a personal representative, when he’s settling the estate. They might detail what type of compensation he’s entitled to receive for carrying out all the fiduciary responsibilities involved in the probate process.

The Beneficiaries Named in the Will

All beneficiaries named in a will are entitled to receive a copy of it so they can understand what they’ll be receiving from the estate and when they’ll be receiving it. If any beneficiary is a minor, his natural or legal guardian should be given a copy of the will on his behalf. If the executor or the estate attorney anticipates that anyone will file a will contest to challenge the validity of the will, he might send copies to any heirs at law of the deceased who aren’t named in the will. He might also want to provide copies to any beneficiaries named in a previous will if there is one. Heirs at law are individuals who are so closely related to the decedent that they would have inherited from her if she had not left a will.

All states have prescribed lists detailing who these people are. They commonly begin with a surviving spouse, if any, then children, grandchildren, and outward to more distant relatives in an ever-widening arc. More distant relatives typically do not inherit unless all those who precede them in line are also deceased. Providing copies of the will to all these people can help to limit the amount of time that any disinherited beneficiaries or heirs have to challenge the will. In many states, it starts the clock ticking toward the deadline by which they must do so.
Remember that a will becomes a public record for anyone to see and read when it’s filed for probate with the state court. The beneficiaries of the will can request that the probate judge seal the court records to prevent the general public from viewing it under certain circumstances. But probate judges typically only grant this request only in rare situations, such as when the deceased is a celebrity or otherwise notorious. Wills are important documents and there are situations in which you will need to get a copy of last will and testament. How to obtain a copy of a last will and testament depends on the legal status of the will, as well as its location.

If you are wondering where I can get a copy of a will of a deceased person, there is a procedure to follow. Once the testator has died, if that will has been filed with the probate court of the county the deceased resided in, the court will open the will and it becomes public record. The best way to view the will is to get the probate court file number. The executor can give you this information. You may be also able to access the file number by phone, online, or in person at the courthouse by providing the deceased’s name and date of death. Some courts don’t even need the date of death and have an online docket you can search by name. Go to the courthouse with the file number and ask a court clerk to see the file. Getting a copy of a will is possible by paying a copying fee. Some courts will also provide you with a copy by fax or mail of a will on file. A certified copy of will is a document that has been stamped and certified by the court to be an exact copy of the official document. It may be necessary to search through the court archives for a copy of will from many years ago. The clerk will tell you how to do this. The will might be on microfilm or in digital format for viewing. You can obtain copies from the clerk. The rule of thumb is only the original copy of a will is valid. The original is what must be filed with the court.

Most people make copies of their will though. A copy of a will may be admissible in court if the original has been destroyed by a fire or flood or if the original has been unintentionally lost by the testator. If the original will was purposely destroyed or thrown out by the testator because he or she wanted to revoke that will, the copy is not valid. A certified copy is useful for filing other legal papers (such as to transfer title of assets). Locating a will can take some digging, but with diligence and careful research you should be able to obtain a copy of the will you are looking for. While a testator remains alive, her will is a private document. She shows it to whom she wishes, and others have no right to view it. It is revocable at whim. At the testator’s death, however, the will executor files the document with the probate court. Once a will is filed with the court, it is a public document unless the court orders otherwise.

Types of Records

A probate file contains not only the last will and testament of the deceased, but all documents filed in the probate such as executor reports, lists of bills paid and assets distributed. Probate files also include will objections and will contest proceedings. Members of the public can access both current and closed probate files. When an individual passes away and leaves behind a will, there are various regulations and procedures that must be followed such as filing the will in probate court and distributing the estate’s assets to beneficiaries by the executor of the estate. During the process of distributing assets according to the will, interested parties may ask to view copies of the will.

Whether or not a party requesting an opportunity to view and receive a copy depends on whom they are, their role in creating or managing the will, and their relationship with the deceased. Only the Executors appointed in a Will are entitled to read the Will before Probate is granted. If someone who is not an Executor asks to see the Will, the person or organization storing the Will (such as the deceased’s bank or Solicitor) cannot allow them to see it or have a copy, unless the Executor/s agree. Once the Grant of Probate is issued, the Will becomes a public document and anyone can obtain a copy by applying to the Probate Registry and paying the appropriate fee. It is important to note that only Wills provided to the Probate Registry become public. Any Will that the deceased had written previously will remain private. Additionally, if a Grant of Probate is not required, the Will remains private. The Executor can choose to share the Will with the Beneficiaries named in the Will, but it would not usually be seen by anyone who is not named in the Will. Whether or not Probate is required depends on the value and complexity of the Estate. The Executors of a Will may not be able to start dealing with assets which are held by organizations (like banks, building societies, share registrars etc.) until a Grant of Probate has been obtained If the Executor ignores all requests, the next step would be for Court proceedings to be issued. This would usually include a claim for the Court costs to be met by the Executor, particularly if the Court determines that the Executor is acting obstructively. Please note, issuing Court proceedings should be considered as the final option for Beneficiaries seeking to have a sight of the Will. If a Beneficiary is still not able to read the Will, a caveat could be placed on the Estate to prevent the issue of the Grant of Probate. This would mean the Executor/s will not be able to distribute any of the Estate funds. This is not a scenario many Executors or Beneficiaries would want to happen, so disclosure of the Will would normally take place if this option is suggested.

How to Find a Will

• Search the house: It sounds obvious, but the first place to look is where the deceased person lived, as that is where most Wills are kept. Popular places include a safe or locked drawer in the study, attic or the master bedroom. Although it is important for an Executor to locate the Will, it is still strongly advisable to seek agreement from the deceased person’s family before searching the house, to avoid any allegations of trespass.

• Ask your local District Probate Registry: Once a Grant of Probate has been issued, the Will becomes a public document. You can search online for a Probate record. This can take up to 10 working days.

• Ask their solicitor: If the deceased used a solicitor or other professional to write their Will, it is possible that they would still be storing the Will. So, if you are an Executor, you will be able to obtain the Will from them. If the solicitor is no longer in business, contact the Solicitors Regulation Authority. It should have a record of who took over the solicitors practice and, ultimately, where the Will is now.

• Ask the bank: If you are the Executor of the Estate, you could ask the deceased’s bank for a copy of the Will. The bank will usually ask for the death certificate and proof of your identification before giving this to you. First, it is not always necessary for an Executor to administer an Estate. For example:

• The Estate is made up of just cash

• The property is joint property

• If the deceased person’s spouse or children have already been nominated to receive assets such as a pension payment or life policy.
Second, if you are unable to find a Will, it is possible that that the deceased did not make one; in which case, the Estate would usually be administered by the next of kin under the Rules of Intestacy. Administering someone’s Estate can be a time-consuming and complex process, more so as research indicates that about 60% of Utah adults admit to not having a Will. If you are looking for the Will of a loved one and not having much success, it is always best to seek the advice of an experienced professional who can give you the right help and support you need.

Estate Planning Lawyer Free Consultation

When you need legal help with a will, probate, estate plan, or administration of an estate or trust, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Family Lawyer South Salt Lake Utah

Zoning Law

Tax Avoidance

Marital Property And Collaborative Divorce

Do I Need A Lawyer For A Foreclosure?

Bankruptcy Lawyer Sandy Utah

from Michael Anderson https://www.ascentlawfirm.com/can-anyone-view-a-will/

from
https://grum193.wordpress.com/2019/12/03/can-anyone-view-a-will/

Bankruptcy Lawyer Sandy Utah

If you are a creditor in a Chapter 11 bankruptcy proceeding in Utah, consult with an experienced Sandy Utah bankruptcy lawyer. The lawyer can represent you as a creditor in the proceedings and protect your rights. Chapter 11 bankruptcy is complex.

The term “estate representative” may be applied to any of the following four situations: (i) a formal Chapter 11 trustee appointed under the Bankruptcy Code; (ii) a trustee picked by the creditors for a liquidating trust; (iii) the debtor or debtor-in-possession; and (iv) the manager of an entirely new business entity, such as a limited liability company, owned or controlled by creditors and created to liquidate the estate.

Chapter 11 Trustee

A Chapter 11 trustee appointed under the Bankruptcy Code has the advantage of having his or her powers and responsibilities more clearly laid out. This type of trustee is appointed during the case, prior to confirmation of the plan. Because this trustee function is created by statute, and because the Bankruptcy Code and case law have clarified the scope of a trustee’s authority, power, and responsibilities, the likelihood of a dispute over the trustee’s role is greatly reduced. Everyone knows where to look for the authority of the Chapter 11 trustee—the Bankruptcy Code.

Additional advantages arise from the fact that the Chapter 11 trustee is appointed while the case is still active in Chapter 11 and prior to the implementation of the liquidating plan. These advantages include continuity and protection from collateral actions. Presumably, a Chapter 11 trustee is also knowledgeable regarding both the assets he or she has been administering and the history of the case. This knowledge facilitates liquidation and, perhaps, accelerates the disposition of assets.

A Chapter 11 trustee has a degree of immunity to attack by creditors, the debtor, and others. This protection should avoid or limit indemnification requirements for the trustee. Clearly, the trustee does not face potential liability for government penalty or forfeiture claims, if he or she is appointed pursuant to the Bankruptcy Code. The fact that the trustee is not susceptible to attack personally for such claims and the clarity with which a statutory trustee’s role is perceived, decreases the need for reserves in connection with distributions to creditors and, therefore, facilitates prompt payout. Finally, bonding a Chapter 11 trustee is typically easier than bonding one appointed pursuant to a plan.

On the other hand, having a Chapter 11 trustee conduct the post-confirmation liquidation of the debtor has several disadvantages. First, the statutory trustee’s cumbersome and often expensive connection with the court is maintained. Employment of professionals must continue to occur only upon order of the court and their payment continues to be governed by normal court procedures. Reporting is required by applicable Bankruptcy Rules. Most importantly, the investment of estate funds is governed by the extremely conservative strictures of the Bankruptcy Code.

A Chapter 11 trustee has an independent fiduciary duty to the estate and its creditors. That independent duty is likely to limit—if not eliminate totally— creditor control of the liquidation process. In addition, the statutory trustee must continue to fulfill disinterested roles even after confirmation of the plan. Because the party liquidating an estate post-confirmation is frequently involved in the control of subsidiaries of the debtor and may even serve as an officer or director of those subsidiaries, remaining disinterested is a problem for a Chapter 11 trustee attempting to wear more than one hat.

In a business liquidation, more than one corporate entity often needs to be liquidated. Most corporations have officers and directors that are common to all the affiliate corporations. This overlap can create a huge problem for a trustee appointed under the provisions of Chapter 11, which require trustees to be totally disinterested. Such a trustee must avoid any hint of impropriety. Functioning as the CEO of several companies in a corporate structure involving intercompany debts and different creditors for each of the separate corporate entities creates that hint. In a liquidating plan with a plan trustee selected by the creditors, these problems can be avoided simply by having the plan state that a liquidating trustee can serve in multiple capacities. A trustee appointed by the court is much more limited.

Plan Trustee

The advantages of utilizing a liquidating trustee, whose position is created by the plan and whose duties and powers are tailored by the plan, are almost a mirror image of the disadvantages of a Chapter 11 trustee. Creditor control of the duties of a plan trustee may be tailored to the unique needs of each case. Because the plan is the instrument creating the role of the liquidating trustee, that role may include whatever opportunities for creditor input and control creditor representatives deem appropriate. While the trustee almost certainly is granted the powers of a Chapter 11 trustee, he or she may receive contractual powers beyond those afforded a Chapter 11 trustee, if deemed appropriate by the creditors. For example, the trustee appointed pursuant to a plan of reorganization may have the power to compromise controversies or sell property on limited notice or on no notice at all, and to invest funds in ways other than those permitted by the Bankruptcy Code or the United States Trustee. These powers, which may be exercised without seeking authority from the court, allow a faster, smoother liquidation. By eliminating the need to go to court at each step of the liquidation, costs are reduced. Additionally, the trustee appointed pursuant to a plan, is not subject to the same disinterestedness requirements of the Bankruptcy Code and can serve in any situations and capacities approved by the creditors. Because of the relative absence of a statutory law basis for the plan trustee role, the plan trustee may require extensive indemnification. Similarly the trustee appointed pursuant to the plan of reorganization may be concerned about his or her potential personal exposure. These factors can cause delays in distribution and maintenance of large reserves to ensure against what are, in fact, remote contingencies.

Debtor as Estate Representative

The debtor can serve as estate representative, but this choice is usually ill advised. If the debtor in a Chapter 11 proceeding in which you are a creditor is offering to act as the estate representative, consult an experienced Sandy Utah bankruptcy lawyer. Retaining the debtor as the post-confirmation estate representative has clear drawbacks. While the debtor’s ownership may be altered to reflect creditor control of the equity in the debtor, implementing that control may have practical difficulties. For example, if ownership of the debtor is transferred to creditors, the number of creditor-shareholder entities may be required to report under the Securities Exchange Act. Income may be taxed twice, taxation on income to the corporation as well as taxation on dividends to creditor shareholders. Finally, a Chapter 11 debtor that is a business entity whose assets were acquired pursuant to a plan may not survive in a form suitable to conduct the rest of the liquidation. In practice, the creditors want to choose a liquidator who is answerable to them.

New Business Entity

The remaining alternative available in a post confirmation liquidation is the creation of an entirely new entity to serve as the estate representative and conduct the liquidation. Limited liability companies (LLCs) in particular have been popular post confirmation entities. LLCs are taxed as partnerships for federal tax purposes. On the plus side, partnership classification for tax purposes removes the two tiers of tax (corporate and shareholder). Because it is a flow through entity, only one tier (the beneficial owner) remains. On the minus side, however, LLCs that are taxed as a partnership for federal tax purposes are deemed to be in an active trade or business in some states. Therefore, such entities may be subject to other state business taxes such as franchise taxes and gross receipt taxes. The transfer of the assets to the partnership further removes any lawsuits from the original parties at interest and may impact the tax character of certain recoveries.

Governing the Estate Representative

In formulating a liquidating plan of reorganization the creditors must determine both who will control the estate representative and the extent of that control. While control of the liquidation process is one of the key goals in most liquidating Chapter 11 cases, a variety of concerns contribute to whether and how to exercise that control. Essentially, creditors have three ways to exercise control.

Minimum Oversight

First, creditors may elect to exercise little or no control. Sometimes, particularly if the liquidator is a Chapter 11 trustee or is the continuing debtor, the creditors want the liquidator to be subject to supervision and control by the bankruptcy court. These cases are not the norm. While a liquidator under a creditors’ trust may be made independent, normally creditors want to exercise control post-confirmation.

Creditors typically exercise control through a committee named in the plan. This committee may be the statutory creditors’ committee, or it may be a new committee created pursuant to the plan. The creditors decide. A number of practical problems arise in attempting to control the liquidation process through a committee.

First, the committee does not have the in-depth knowledge that the liquidator has and therefore must defer in large part to the liquidator on various issues, many of which are critical to the liquidation process. If the committee has confidence in the liquidator, this lack of detailed knowledge is no problem. However, a great deal rests on trust.

Second, committee members usually are not compensated for overseeing the liquidation process. A complex liquidation may require numerous decisions and a substantial time commitment. They are likely to receive nothing other than the same pro rata share of the estate that creditors who do not serve on the committee receive.

Finally, members of a creditors’ committee must be extremely cautious not to exercise their powers for their own benefit. They are fiduciaries. Fiduciaries acting for the benefit of the creditor group may be held liable to the creditor group, if they put their own interests first.

The role of a committee that oversees the liquidator should be spelled out clearly. While the plan may define the committee’s role in general terms, the committee should also establish a set of rules of operation covering its powers, duties, and interaction with the liquidator. In general, the control exercised by a creditors’ committee is similar to the control exercised by a board of directors.

The committee should have an operative document (i.e., bylaws, LLC agreement, etc.) that ensures that it (i) approves or rejects major transactions proposed by the liquidator, (ii) oversees the compensation of any professionals, (iii) receives regular reports on the status of the liquidation process and the manner in which funds are being handled, and (iv) meets often enough to provide meaningful supervision to the liquidator. Yet, the liquidation process must be turned over to the liquidator. As a practical matter, the liquidator must have a degree of freedom in areas such as marketing, negotiating, litigation, and the like. The analogy of a board of directors working with a chief executive officer (CEO) is apt.

The appointment of independent directors and officers, a third approach for governance of the liquidator, only makes sense when the entity conducting the liquidation is a corporation. Providing for independent directors and officers has the advantage of reducing the possibility of self-dealing that exists with any committee made up from among the largest creditors in the case. However, finding persons willing to serve as officers or directors of a debtor engaged in a relatively short-term liquidation is difficult, especially if the reorganized debtor is a publicly reporting company. The debtor’s recent time in bankruptcy court increases the difficulty of finding insurance for officers and directors in a liquidation scenario. This creates indemnity problems beyond those that might be expected with a trustee appointed pursuant to a plan of reorganization. The corporate vehicle is usually considered and then dropped for these reasons.

As a creditor in a Chapter 11 bankruptcy, you should seek the assistance of an experienced Sandy Utah bankruptcy lawyer to protect your rights.

Sandy Utah Bankruptcy Lawyer Free Consultation

When you need to file for bankruptcy in Utah; whether it is a chapter 7, chapter 12, chapter 13, chapter 11 or chapter 9 bankruptcy, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Can You Beat A DUI With A Public Defender?

Family Lawyer South Salt Lake Utah

Gross Income

Wills In Utah

Foster Children

Do I Need A Lawyer For A Foreclosure

from Michael Anderson https://www.ascentlawfirm.com/bankruptcy-lawyer-sandy-utah/

from
https://grum193.wordpress.com/2019/12/02/bankruptcy-lawyer-sandy-utah/

Do I Need A Lawyer For A Foreclosure?

Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.

Formally, a mortgage lender (mortgagee), or other lien holder, obtains a termination of a mortgage borrower (mortgagor)’s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure).

Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property.

Therefore, through the process of foreclosure, the lender seeks to immediately terminate the equitable right of redemption and take both legal and equitable title to the property in fee simple. Other lien holders can also foreclose the owner’s right of redemption for other debts, such as for overdue taxes, unpaid contractors’ bills or overdue homeowner association dues or assessments.

Do I Need a Foreclosure Attorney?

If you’re a struggling homeowner facing foreclosure, you’ll need to decide not only if it’s worth your time to fight the foreclosure, but also if it’s worth paying an attorney to help you. In some cases—say you have a valid defense to the foreclosure and want to keep your home—you’ll need a lawyer to assist you. In other instances, such as if your goal is to stay in the home through the foreclosure process or just to gain some additional time before the bank completes the foreclosure, it often makes sense to go at it alone. (Read about when you might not need to hire a foreclosure attorney.)

When You Should Hire a Foreclosure Attorney

Below are some situations where you should consider hiring or at least consulting with, an attorney.

You Have a Defense and Want to Keep Your Home

If you believe you have a defense to the foreclosure, and you want to keep your home, you likely will need a skilled attorney to help. In most cases, you’ll have to raise the defense in court, either by filing your own lawsuit (if the foreclosure is no judicial) or responding to the lender’s lawsuit (if the foreclosure is judicial).

Each foreclosure case is different and has complicated nuances that can ultimately make or break the case. In view of this, it’s unlikely that a homeowner could mount a successful defense to foreclosure without an attorney. For example, some defenses that probably require the assistance of an attorney include:

• The foreclosing party didn’t follow proper foreclosure procedures. In a foreclosure, the foreclosing party must strictly follow state-specific procedures, with few exceptions. A foreclosure attorney familiar with your state’s particular foreclosure requirements can inform you if a procedural mistake is significant enough to warrant a dismissal of the case.

• The foreclosing party can’t prove it owns your loan. If the foreclosing party can’t prove it owns your loan, then it doesn’t have standing (the legal right) to foreclose. For example, if your mortgage loan was bundled and securitized, determining if the foreclosing party actually owns the loan can be a challenge to say the least. An attorney can help you figure out if you have a defense based on the fact that the foreclosing party can’t prove that it owns your loan. (Learn more about the securitization process.)

• Your loan servicer made a serious error with your account. Loan servicers—the companies that manage loan accounts—often make serious errors when it comes to managing homeowners’ accounts like misapplying funds, failing to credit payments to the account, or charging unreasonable and no allowable fees. An attorney who is familiar with reviewing servicer payment histories, which can be difficult to interpret, can help you figure out if the servicer made a serious error with your account that amounts to a foreclosure defense.

Military Foreclosure

Active military service members have some special protections against foreclosure and have certain rights under the Service members Civil Relief Act (SCRA). Among other things, if you took out your mortgage before going on active duty, the servicer cannot foreclose unless it gets a court order or a waiver from you. (To learn more, see Foreclosure Protections & the Military: When a Service member gets a Mortgage before Active Duty.)
The SCRA is extensive and complex. If you’re on active duty and facing foreclosure, an attorney can inform you about all of your rights under the SCRA and help ensure that the servicer complies with this law. (See our article on Legal Protections for America’s Military: The Service members’ Civil Relief Act for more details.)
• You need help With a Loan Modification Because the Bank is Stalling or Dual Tracking

An attorney can help you with the loan modification process if the bank is stalling or “dual tracking” your loan (pursuing a foreclosure and a loan modification at the same time) in violation of federal and, in some cases, state laws. (Learn more about laws that prohibit dual tracking.)

Because it is very difficult to get your home back after a bank completes a foreclosure, you want to deal with this type of legal violation before the sale. Having an attorney on your side gives you a better chance of getting results before the sale takes place.

You Want To Learn about Foreclosure Laws in Your State and You’re Rights during the Foreclosure Process

It’s a good idea to learn each step in the foreclosure process so you aren’t caught off guard at any point. If you’ve done your homework on the topic, but still have questions, an attorney is a good resource. (Learn more about the general foreclosure laws and procedures in your state our Foreclosure laws area.)

Also, an attorney can tell you about about federal laws and state laws that can protect you while you’re in foreclosure.

How Can an Attorney Help?

The foreclosure process is difficult to understand and master, even for an attorney. For example, court procedures vary from state to state, and even from court to court. Also, no judicial foreclosure procedures are vastly different in different states.

If you want to fight the foreclosure, you’ll need to understand how to file documents with the court, rules of evidence, and more. An experienced and skilled foreclosure attorney can help you navigate the rules and advise you about your various options. For example, a lawyer can help you avoid foreclosure altogether by working out a “loss mitigation” option (like a loan modification), represent you during the foreclosure action, or help you save your home in a Chapter 13 bankruptcy.

An Attorney Can Work With Your Lender to Avoid Foreclosure

If given enough time, a lawyer might be able to work out a deal with the bank to avoid foreclosure. Here are examples of ways an attorney can help that don’t involve going to court.

Help you modify your loan. A loan modification is an agreement between the borrower and the lender that changes the original terms of the loan. An attorney can assist you in the loan modification process. Note that some states, like California, don’t allow an attorney to accept payment until after the attorney has fully performed each and every service related to a modification that he or she was contracted to perform or represented that he or she would perform. A modification might lower the interest rate or extend the amortization term. An attorney can also review the conditions of any modification that the lender offers you. He or she will examine the documents to make sure there are no illegal charges—like improper fees or advances—added to the total balance, and that the modification is in your best interest.

Inform you about loss mitigation options. Certain types of loans, like Fair Housing Administration (FHA) loans, have special loss mitigation options that allow you to bring your balance into good standing. For example, you might qualify for a “partial claim,” which is a particular type of loan that will bring you current on the payments. However, not all lenders will let you know about every alternative that might be available to you. Your attorney can advise you about the available options.

Ensure that the lender follows the rules. Lenders aren’t always helpful when it comes to processing loan modification applications, even though federal law (and sometimes state law) has strict requirements that the lender must follow. An attorney can ensure that the lender follows all of the relevant laws and processes your application promptly. For example, under federal law, if you submit a complete loss mitigation application more than 37 days before a foreclosure sale, the servicer must consider the application and give you time to respond to a proposed option before it can ask the court for a foreclosure judgment or order of sale, or conduct a foreclosure sale. Your attorney will let you know if the lender violates any relevant laws, and can help you enforce your rights.

Represent you in foreclosure mediation. Some states offer foreclosure mediation, where the homeowner and the lender come together to try to work out an alternative to foreclosure. An attorney can represent you in the negotiation process to ensure that the bank treats you fairly.

Defenses a Lawyer Can Raise in Court

An attorney might be able to raise certain defenses or point out errors that the bank has made in the foreclosure process. Potential arguments include:

• the lender or mortgage servicer (on behalf of the lender) breached the loan contract by, for example, failing to accept your payment (read about common servicer errors)

• the foreclosing party can’t prove that it owns the mortgage debt

• you’re an active military member entitled to protection against foreclosure under the federal Service members Civil Relief Act, or

• The lender failed to follow proper foreclosure procedures under state law.

If your attorney raises a legitimate defense and the court agrees with the argument, the lender might consider a settlement or the court might dismiss the foreclosure.

When You Might Not Need a Foreclosure Attorney

You might not need to talk with an attorney if your goal is simply to live in the property throughout the foreclosure process. You legally own your home up until the new owner who buys it at the foreclosure sale gets title to the property. (Learn when you have to leave the property in a foreclosure.)

In some states, you might be able to stay in the home even longer if state law provides a post-sale redemption period and gives foreclosed borrowers the right to live there during this time. Or you might have the right to stay in the home until some other action, like ratification of the sale, happens. To find out exactly how long you can legally stay in the home, research your state’s laws. If you aren’t able to find the answer on your own, then you might want to consider talking to a foreclosure attorney. (To learn more about what happens following a foreclosure sale, see Your Options after the Foreclosure Sale.)

When You Might Need to Hire a Lawyer

While you probably don’t need a lawyer to help you stay in the property during the foreclosure, you might have to hire a lawyer if the bank or servicer prematurely changes the locks or removes your personal property from the home in the name of “property preservation.”

While you have the right to occupy the home during foreclosure, if you abandon the home before the process ends, most mortgages and deeds of trust give the bank the right to “preserve” the property. This means, for example, the servicer (on behalf of the bank) can change the locks or clean up items you’ve left behind. But servicers and their agents have been known to lock borrowers out and remove their belongings—even when the home is still occupied. If this happens to you, you’ll probably need an attorney’s help to get back into the property or retrieve your belongings. There are some Deceptive Foreclosure Practices: When Banks Treat Occupied Homes as Vacant that you can learn about from our office.

You Want to Get Some Extra Time to Live in the Home

If your primary goal is to get a little more time to live in the home before the servicer completes a foreclosure—perhaps so you can come up with the funds to reinstate the loan, refinance, or pay for a new place to live—you can submit a loss mitigation application to the servicer. Federal law and some state laws prevent the servicer from foreclosing on a borrower while a loss mitigation application is pending.

Not only will applying for loss mitigation generally you buy you some time, but the servicer might offer you a modification that lowers your monthly mortgage payment that makes your home more affordable. As a result, you might decide to stay in the home. Even if the servicer denies your application, in most cases, you’ll also get some time to appeal the decision.

Be aware that if the servicer already evaluated you for a loan modification or other loss mitigation option, you can’t submit another application just to stall the foreclosure. But under federal law, if you’ve brought your loan current at any time since submitting a complete loss mitigation application—and the servicer reviewed that application—the servicer has to perform another review if you apply for loss mitigation again. (12 C.F.R. § 1024.41(I).)

You Don’t Have Any Defenses to the Foreclosure

If you don’t have a valid defense to the foreclosure—say you stopped making your payments, have no intention of resuming them, and think your servicer has treated you fairly—then there’s probably no reason to hire or consult with an attorney.

You Can’t Afford Your Home and You Don’t Want to Keep It

Likewise, if you can’t afford your house payments and don’t want to keep your home, it might be a waste of time, effort, and money to fight or try to stall the foreclosure. In this situation, you don’t want to throw away money hiring a foreclosure attorney. Instead, you can put that money towards finding somewhere else to live.

When picking an attorney to represent you, you should speak to several different lawyers to get more than one perspective and learn about all of the options available to you. Below are a few questions you should ask an attorney you’re considering hiring.

• What course of action do you recommend?

• How much experience do you have representing homeowners facing a foreclosure in court (or in filing bankruptcy, or in getting a loan modification, etc.)?

• Have you taken any continuing legal education courses about laws and strategies in handling foreclosure matters?

• How much will it cost to hire you?

Foreclosure Lawyer Free Consultation

When you need legal help with a Foreclosure in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Divorce Lawyer West Jordan Utah

Do You Have To Report Online Sales?

College Financial Aid During Divorce

Property Tax Law

Can You Beat A DUI With A Public Defender?

Family Lawyer South Salt Lake Utah

from Michael Anderson https://www.ascentlawfirm.com/do-i-need-a-lawyer-for-a-foreclosure/

from
https://grum193.wordpress.com/2019/12/02/do-i-need-a-lawyer-for-a-foreclosure/

Family Lawyer South Salt Lake Utah

Special needs adoptions are riskier than traditional healthy infant placements. Sometimes there will be difficulties involving out-of-home care, a child’s acting out that endangers others or the child, and even the failure of the adoption. If you are considering special needs adoption, speak to an experienced South Salt Lake Utah family lawyer.

It should never be forgotten that only those married people with healthy, strong marriages should enter into adoption, or parenthood of any kind, for that matter. Parenting children with special needs, especially emotionally disturbed children, is stressful to a marriage. When children with emotional problems pit one parent against the other, the marriage relationship can be compromised. A united parental front and excellent communication between parents is crucial. Usually Mom is the target and the child goes to great lengths to enlist Dad as an ally. Dad should stubbornly resist, and both parents should approach parenting as a team.

If divorce is unavoidable, parents should put the children first in all decisions, from the initial separation to the final decree. A sudden split causes unnecessary trauma, and parental bitterness and fighting are salt in a child’s psychic wound.

Divorce is even more traumatic for the adoptee than for the biological child because the adoptee has already suffered the loss of birth parents. The adoptee may have also been through one or more divorces while in his or her birth family or foster family. Divorce is an additional loss, a revisiting of old hurts, and a painful ordeal at best. Counseling can help the adoptee understand that even though the marriage has ended, the parental relationships will continue.

When Adoption Fails

Disruption is a term meaning a reversed adoption. Often it is used to describe all failed adoptions. Clinicians and researchers use the term in a more narrow way to indicate a failed adoption that has not yet been finalized in a court of law. Dissolution is the term used to describe an adoption that has been set aside legally after an adoption finalization. Dissolutions can occur years after the initial placement and are common when a family seeks to protect itself from an emotionally disturbed child who becomes a threat to the safety of family members.

Dissolutions are much more difficult to obtain than disruptions, and dissolutions can involve high legal bills. Bad matches lead to emotionally devastating disruptions and disastrous dissolutions. If you want to reverse a special needs adoption, consult with an experienced South Salt Lake Utah family lawyer.
People who adopt older children are in the greatest need of accurate information because their adoptions are most at risk in terms of disruption.

First Steps

Parents who find that an adoption is not working should immediately contact their social worker and an experienced Utah family lawyer. It is important to determine, with the help of qualified professionals, if the problem can be solved or not. If it can be solved or relief can be had, finalizing the adoption should be postponed until the parent or parents feel absolutely confident that the placement will work. If it is determined that the problem cannot be solved–that this was a match that should not have happened–it is important to reverse the adoption before it is finalized. This will relieve more anguish, suffering, and debt.

Since disruption is not unknown in more risky older child and sibling group placements, adoptive parents of such children should remind themselves of this fact if they must decide on disruption or dissolution. Guilt, on top of the anguish and heartache of such a loss, can incapacitate and demoralize adoptive parents, especially mothers. While dealing with guilt and grief, disrupting parents should also feel proud that they tried. They gave it their all.

One of the ironies of disruption is often found in the reaction of others. Sometimes the very people who discouraged the older child’s adoption are the same ones who discourage a disruption. Adoptive parents shouldn’t let people’s unsolicited opinions hurt them. Instead, they should listen to their social worker and other professionals involved, their adoption support group, and make up their own minds.

Special Needs

Many special needs adoption advocates believe that there is no such thing as an unadoptable child. They say there is a parent for every waiting child if the matches can just be made. Even children who must live in institutions due to behavior problems, or who must live in hospitals due to chronic illness, can benefit from having a forever family on the “outside” who loves and cares about them.

At the same time, everyone with any experience in the field agrees that matches cannot always work out. Matching, especially when it comes to placing older children and sibling groups, is a highly specialized art. It must be approached with caution and expertise. When adoptions go wrong, the root cause is often a bad match. Some children simply don’t belong in some families. Both social workers and prospective parents need to make sure that a match is sound.

Experienced social workers make far fewer inappropriate matches than do new ones. Even experienced adoptive parents should ask seasoned social workers for their opinions on a potential placement. Many adoptive parents learn through experience that they can be blinded by love, and, sometimes, by “rescue fantasy” mentality. All adoptive parents need the opinions of objective experts. They should listen to therapists and professionals who have experience with the types of children they plan to adopt. Grandpa’s opinion is nice, but if Grandpa does not have real knowledge of special needs adoptive placements, parents need another opinion, too!

Parents who believe that children with physical disabilities are tougher to raise than those with emotional or behavioral disabilities will probably find that adopting the emotionally disturbed child is a rude awakening, presenting far greater a challenge than they could have imagined and offering fewer immediate rewards.

The presence of just one of these factors may indicate the need for a safety net. The more factors present in a child’s history, the more wary adoptive parents should be of adopting without a safety net. An adopted child is at risk of developing emotional and behavioral problems that could result in a need for residential treatment later if that child:

• Has a biological family history of mental illness, behavioral and emotional problems, or drug or alcohol abuse,

• Has had multiple caregivers,

• Has experienced any type of abuse or neglect,

• Was hospitalized or institutionalized frequently and for many consecutive days during the first 18 months of life,

• Has a drug or alcohol abuse problem,

• Engages in high-risk or illegal behaviors,

• Has a history of emotional or behavioral problems in foster care or at school,

• Has seen or been seen by mental health professionals on a regular basis, or

• Exhibits moderate to severe emotional or behavioral problems with the adoptive parents or with other caregivers prior to finalization of the adoption.

The advice of an attorney can be invaluable. An experienced South Salt Lake Utah family lawyer will know the best legal way of protecting both the family and the child, while maintaining the integrity of the adoptive family if disruption is not an option.

It is not likely to happen, but adoptive parents who have exhausted all other options can certainly call the child’s state of origin and ask the state to accept the child back into their custody. It’s rare, but we have heard of a few cases in which this worked because a birth family member or former foster parent had expressed a desire to parent the child.

Some families hire an attorney and go to court to relinquish rights. This can be done in many places if parents can document that the child is dangerous, if the district attorney agrees with the idea, and if the judge consents. Relinquishment is also more of a possibility if the child is younger than eight and thus easier to replace for adoption. Adoptive parents who relinquish children in this way always lose the adoption assistance payments, and may be charged child support until the child is adopted by another family. Child support amounts are determined by parental income using a chart. However, the judge can decrease the child support payments if parents ask and have good reason-at his or her option.

Adoption After Disruption

Another common question is: “Will this disruption hurt our chances of adopting again?” The answer to that is, “Almost surely not.” First, however, parents must grieve the loss of the child, the loss of the dream. There is no evidence that parents who have disrupted an adoption are likely to do so again, or are not every bit as qualified to parent as anyone else. An experienced South Salt Lake Utah family lawyer will not hesitate to work with parents who have experienced agency-recommended disruption. If anything, it shows that the family was aware of their limitations and took steps to correct a bad situation–for everyone’s sake.

Wrongful Adoption

Wrongful adoption is a term used to describe adoptions in which the adoptive parents were “wronged” in some way. Typically, this means that the adoptive parents were not given adequate or truthful information about the child’s risk factors, disabilities, or behavioral problems, and were placed in crisis as a result. Wrongful adoption lawsuits are very expensive and time- consuming. They are also increasing.

The basic information that should be disclosed to adoptive parents includes:

• Contact with former caregivers. Adoptive parents should ask for the name, address, and telephone number of all of the child’s former caregivers. The adoption worker may say that the state’s adoption laws forbid sharing of identifying information regarding former caretakers, including birth and foster families. However, even if adoption laws mandate a sealed adoption record after an adoption, no adoption has yet occurred. Parents can also ask the social worker to have former caretakers contact them. Adoptive parents should advocate to receive contact with the child’s birth and foster families. The agency may even agree to facilitate such contact. Even so, some adoptive parents have learned after the placement that the agency only allowed the adoptive family contact with some foster families, but not all. Insist on having contact with all the families with whom the child has lived for more than a few months. Parents should also insist upon having contact with day care providers and teachers.

• Evaluation for Attachment Disorder. If the child has been institutionalized during childhood, has experienced abuse or neglect, or is more than 12-18 months old at the time of placement parents should ask that the placing agency have the child or children evaluated for Reactive Attachment Disorder (commonly called Attachment Disorder, or AD) before agreeing to a placement. Such an evaluation should be conducted by a professional who has been trained in the diagnosis and treatment of AD and, ideally, who has treated adopted children. Many special needs adoptions fail because children have unrecognized and untreated attachment problems or Attachment Disorder. The disorder is discussed in a subsequent chapter.

• Birth information. The pregnancy and birth records are often overlooked, but contain crucial information. They should include the child’s name, place, and date of birth including the hospital, county, state, and country; the child’s weight, length, and time of birth, Apgar scores, course, and length of hospital stay.

• Birth certificate. In most states in the United States, an adoptee’s original birth certificate is sealed and an amended birth certificate issued listing the adoptive parents as having given birth to the adoptee. When adoptees grow up, they are usually not able to access their original birth certificate unless they can prove dire need. Since the birth certificate is not sealed until the adoption is finalized, pre-adoptive parents are usually able to receive a copy of the original birth certificate from the agency, health department, or former foster parent. This document is invaluable and should become a part of the parent’s permanent file for the adoptee.

• Pregnancy. Health of mother during pregnancy, history of labor and delivery, and post-delivery condition. Prenatal care records where available.

• Counseling. Nature of counseling provided to birth parents during pregnancy or prior to the surrender of a child.

• Legal representation for the birth family independent of the adoptive parents or agency.

• Treatment provider names, addresses, telephone numbers (including social workers, school teachers, therapists, day care providers, and physicians). Ask that the agency provide you with a signed release of information form allowing all professionals to release records directly to you if the child is in the agency’s custody.

Preventing wrongful adoption lawsuits means that prospective adoptive parents must be absolutely certain that they have access to all of the information about the children they are adopting. Parents should insist on full disclosure, and if it is not forthcoming, should go elsewhere to adopt.

South Salt Lake Family Lawyer Free Consultation

When you need a family lawyer in South Salt Lake City Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help with divorce in Utah, child support, alimony, child custody, modification of divorce decree, prenuptial agreements, post nuptial agreements, adoptions, guardianship, and more. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Customer Invoice As Credit

Divorce Lawyer West Jordan Utah

Using A Tax Lawyer

Marriage Divorce

An Enforceable Noncompete

Can You Beat A DUI With A Public Defender?

from Michael Anderson https://www.ascentlawfirm.com/family-lawyer-south-salt-lake-utah/

from
https://grum193.wordpress.com/2019/12/01/family-lawyer-south-salt-lake-utah/