Rosemary Conley

Saturday, 29 August 2020

Foreclosure Lawyer Spanish Fork Utah

Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.

In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.

Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.

Foreclosure Law: What Banks Can and Can’t Do

Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.

What Banks Can’t Do

The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.

• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.

• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.

• The bank cannot kick you off of your property without first getting a court order and filing an eviction.

• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.

• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs.
If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.

What Banks Can Do

Under foreclosure law, there are some things that the banks can do during the foreclosure process.

• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.

• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.

• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.

• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.

Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.

Federal Foreclosure Laws

While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.

Dodd-Frank Act

In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.

Soldier and Sailors Relief Act

Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.

Bankruptcy Law

A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.

Affidavits and Robo-signing

In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.

Foreclosure by Power of Sale

Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.

Foreclosure by Judicial Sale

A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.

State Foreclosure Resources

A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.

Wrongful Foreclosures

A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.

Causes of Action

Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons:
• Incorrect interest rate adjustment
• Incorrect tax impound accounts
• Misapplied payments
• Forbearance agreement which was not adhered to by the servicer
• Unnecessary forced place insurance,
• Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan.
• Breach of contract
• Intentional infliction of emotional distress
• Negligent infliction of emotional distress
• Unfair Business Practices
• Quiet title
• Wrongful foreclosure

Injunction

Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.

Damages Available to Borrower

Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.

Why Do Wrongful Foreclosures Occur?

Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.

Impact

The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.

Avoiding Wrongful Foreclosure Actions

The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.

Spanish Fork Foreclosure Lawyer

When you need legal help in Spanish Fork Utah for a foreclosure, 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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Friday, 28 August 2020

Meth At Hotels

“Meth smoke is a heavy, sticky substance, much like nicotine.” “It gets on every surface and stays there forever, unless it’s properly cleaned.” The Fourth Amendment protects people against unlawful searches and seizures. Any evidence found during these unlawful searches is usually excluded from admission in a court case, and without that key evidence, charges are normally dismissed. If the hotel guest is lawfully in possession of the hotel room, meaning he checked in and the check-out time hasn’t passed, and he hasn’t been evicted, the guest has the right not to have his hotel room searched by anyone, including a maid or housekeeper. But what if the guest had been so loud that the hotel manager has told the guest he is in violation of clearly communicated hotel policy, and the guest is being kicked out of the hotel? That notice serves as an eviction, and the guest no longer has Fourth Amendment rights. The housekeeper can enter the room, and inform management of any drugs. Management can then contact the police, who will get a warrant, search the premises, obtain the guest’s contact information from the hotel registry, and potentially arrest the guest.

What if the guest has checked out and accidentally left behind some drugs?
The guest’s Fourth Amendment rights went right out the door with the guest. As the saying goes, the Fourth Amendment protects people, not places. If a housekeeper comes across drugs in a room after checkout, then the housekeeper could lawfully inform hotel management, who call the police, and set the arrest may process in motion.

What Is a Hotel Housekeeper Tattles Anyway?

If a maid or housekeeper finds drugs in your hotel room, tells hotel management, who then tells hotel police, what can you do about it? The first thing to do is to clear your name of any drug charges by asserting your Fourth Amendment rights. But then what? Interestingly, though the police did violate your fourth amendment rights by entering your room, they will undoubtedly hide behind the rules of sovereign immunity to escape any consequences. However, the hotel also violated your constitutional rights, and therefore you do have a Civil Rights claim against the hotel, and the hotel chain. It was unlawful for them to provide the drug information and your name off of their registry. Sovereign immunity rarely extends to the hotel. And therefore, a guest whose Fourth Amendment rights were violated can file suit against the hotel, even for injuries sustained when the police arrested the guest.

If you have been charged with a crime for drugs found in your hotel room, contact a local criminal defense attorney, who can review the facts of your case. You may be able to escape criminal charges, and maybe even recover money against the hotel.

Crime Prevention in Overnight Lodging

Prostitution, drug activity, and other criminal behavior can harm a hotel or motel and damage the surrounding community. The information in this booklet will give you, the innkeeper, tools to help prevent illegal activity from occurring on your premises. Not all information provided will be appropriate for every lodging situation. What works for a twenty-room motel near a residential neighborhood may not be appropriate for a 200-room hotel in a downtown business district. Every innkeeper is encouraged to review all the material, then implement those approaches that could work at your establishment.

Drug Activity, Prostitution, and the Law

If you allow your property to be used for prostitution, gambling, drug dealing, or drug manufacturing, you risk both financial judgments and the possibility of having the property closed for up to a year. The action may be brought by state or local attorneys, or by any person living or doing business in the same county.

Why Prevention Works

If you allow guests involved in illegal activity to rent your rooms, your property becomes more attractive to those who cause problems. As problem guests become regulars, good guests become scarce. The longer the cycle continues, the more expensive it is to stop. As the problem worsens, you may face the choice of turning away guests you depend on or facing expensive court costs and civil penalties. Innkeepers who practice effective crime prevention and work hard to attract good clientele experience just the opposite – as problem guests become scarce, desirable guests check in more often, vacancy rates go down, and profits go up. For these reasons prevention steps are both easier to carry out, and less expensive, than the steps required for crisis control.

Commitment: The First Step

While crime prevention techniques can be taught, the commitment to use them cannot. For some, applying suggestions from this booklet will come naturally. For others, there may be difficulty learning new habits. A few may even be reluctant to use the techniques out of a belief that without accepting some “bad” guests the business could not operate. However, experience has shown that even one bad guest can repel many good ones. Commitment pays off: any lodging that can survive with “bad” guests can thrive once improvements are made, over time attracting good clientele and prospering financially. While each of the ideas in this booklet can help, the most consistent factor in determining the effectiveness of any approach is your commitment to succeed. The key is in making the commitment to use the tools, and then assuring that all employees are ready to help carry them out. Many of the following steps make good sense for any establishment, while some may be appropriate for only those establishments with a history of problems. Nevertheless, don’t be afraid to take the steps you need to protect your property – if you do it in an accommodating manner, only dishonest people should object.

Environmental Design

The physical appearance of your hotel or motel can make a big difference to your ability to prevent illegal activity. Many of the elements that make your business attractive to desirable guests will also discourage problem guests. In general, any steps that show you care about the premises and watch for trouble will help.

Visibility and Access

Let troublemakers know they will be seen:
• Install outdoor lighting and remove “hiding places.: If you are planning to make only one environmental change, make this one. Problem behavior is more likely to occur in areas that are dark or dimly lit or where opportunities to hide are plentiful. Brighten up parking lots, sidewalks, hallways, and alleys. Keep bushes and shrubs trimmed. For fencing, use “Cyclone” or other see-through barriers.

• Control traffic flow and access: If you are having a problem controlling access to the grounds around the building, consider blocking some parking exits, adding fencing, and rerouting traffic so all automobile and foot traffic – coming and going – must pass within view of the office. If more control is needed, issue parking permits to guests and registered visitors, dated for the length of stay. Post signs forbidding cars without permits to use the motel lot and be consistent in having violators towed away. Remember, it is your parking lot, not a public one.

• Control and monitor building entrances: The fewer your building entrances, the easier they are to monitor. If your building has public hallways and common areas, channel guests through the fewest entry points possible. For required fire exits, make them “exit only” doors and consider converting them to alarm doors, suitable for emergency use only. Ideally, the entrances that remain should be visible from the office, or monitored by closed circuit TV as described in the following paragraph.

• Install a video-monitoring system that, at minimum, covers the registration area: A monitoring system provides a video record if an incident should occur. It also acts as a deterrent – people contemplating illegal activity are less likely to use your premises if they know you have their picture. In addition, some innkeepers use video monitoring to look at potential guests before meeting them in the registration area – allowing time to observe obvious warning signs prior to discussing registration. Some add a sign near the monitor that states: “For your protection and ours, guest registrations may be videotaped.” Although video monitoring can be used to cover many parts of the property, at minimum monitor the registration desk and outdoor traffic passing by the office. If you have problem areas that are not monitored, have employees check them as often as every 15 minutes during hours when activity has typically occurred. While some large-scale monitoring installations can be expensive, there are many systems appropriate for the needs and price ranges of smaller businesses. Some systems you can even install yourself. Aggressive shopping – comparing products and prices – should get you the system you want.

Appearance and Maintenance

A building that looks cared for will not only attract good customers – it will also discourage many who are involved in illegal activity. Any changes that help communicate “safe, quiet, & clean” may further protect the premises.
• Keep the exterior looking clean and fresh: Add a new coat of paint, keep garden strips well tended, and pick up litter regularly.
• Maintain the rooms: Assure that guest rooms appear clean and well maintained. Poor maintenance of rooms will not only harm repeat business from good customers, it will also tell bad customers that standards are low.
• Remove graffiti: Graffiti may be the random work of a juvenile delinquent, or the work of a gang member marking territory. Regardless, it serves as an invitation for more problems. If you believe graffiti may be gang related, call the Police Bureau’s Gang Enforcement Team. Then remove it or paint it over immediately. Remove it again if it reappears – do not let it become an eyesore.
• Repair vandalism.: As with graffiti, an important part of discouraging vandalism is to repair the problem fast. If the vandalism appears directed against you personally, advise the police immediately and discuss additional approaches to addressing the situation.

Motel Advertising

Marketing themes can enhance, or undermine, the lodging’s appeal. Evaluating the way you advertise the lodging is every bit as important as evaluating your standards for monitoring, access control, appearance, and maintenance. A motel may suffer from too few good customers because its advertising message is not effective, because the message is weak compared to the competition’s, or even because the message is attractive to those involved in illegal activity. Just as every aspect of your business’s appearance should communicate “clean, safe, and comfortable,” so should your advertising.

Warning Signs

As you review the following list, keep in mind that many items are not significant unless seen in conjunction with others.
At Registration
• Registrants who park their vehicles well away from the office area. If you are suspicious, request that they pull the car around so you can verify the plate number.
• Guests who list a local address at registration, yet indicate a desire to stay for many days.
• Guests who give a post office box as their street address. Note that this applies more to urban addresses than to rural locations – in some rural areas a post office box is the only address of the residence.
• Incomplete or unreadable information provided on the registration card, such as insubstantial address or illegible writing.
• Lack of picture I.D. and/or stories about lost I.D. Also, one member of a couple may show I.D., while the other refuses.
• Guests who arrive in a car but can’t produce a driver’s license.
• Inconsistencies between I.D. and registration information, such as different dates of birth or home addresses.
• Requests for specific units, particularly ones that are out of the way or difficult to see from the office.
• A willingness to pay for multiple nights in advance, particularly in cash.
• Evidence of large amounts of cash.
• Pagers and cellular phones used by people who otherwise appear to be of low economic status.
• Guests moving a large number of items into the room – particularly large trunks or other bulky containers. Or guests moving no luggage at all into the room.
• Physical and/or behavioral signs that indicate significant intoxication or drug influence.
After Move-in

• High visitor traffic – cars and pedestrians stopping for brief periods. May indicate a drug dealing operation.
• A steady pattern of male visitors who stay for a short while. May indicate prostitution.
• Many phone calls – incoming or outgoing – particularly if late at night.
• Refusal of maid service, or requests to cancel service for the duration of the visit.
• Consistent requests for room service to be left outside the door, rather than brought into the room.
• Guests who check in and stay for only a few hours.
• Visitors who are not familiar with the guest they are visiting. For example, may know a guest’s first name but not last.
• Visitors bringing “valuables” into the room – televisions, VCRs, cameras – and leaving empty-handed.
• Odd car behavior – visitors parking a few blocks away and walking up, visitors sitting in the car for a while after leaving or leaving one person in the car while the other visits.
• “Lookouts” who hang out near the room during heavy traffic hours.
• Extra efforts made to cover windows or reinforce room doors.
• Makeshift alarms installed on room doors.
• Quantities of balloons or small “Ziplock” plastic bags – the type that jewelry beads are sometimes kept in.
• Sophisticated weighing scales – accurate to gram weights and smaller.
• “Outlaw” motorcycle gang activity.
• Firearms, particularly assault weapons and those that have been modified for concealment, such as sawed-off shotguns. If weapons are being shown under suspicious circumstances, call 911 immediately and describe the situation and people involved.
• Various obvious signs such as exchanges of small packets for cash, known prostitutes or pimps visiting guest rooms, people using drugs while sitting in their cars, syringes and other drug paraphernalia lying about.
Your Right to Privacy in a Hotel Room
The Fourth Amendment protects people from being subjected to “unreasonable searches and seizures” by government actors – in other words, police officers. Under the law, police cannot barge into your residence without a warrant. If you are a hotel guest, you enjoy the same right to privacy in your room. However, a hotel owner and its employees are not government agents. Typically, if guests use their rooms in an ordinary, expected manner, then those guests should expect that the hotel will honor their right to privacy. Still, the hotel retains the right to enter a room for housekeeping, maintenance and to protect their property from destruction. Hotel management also retains the right to enter and search a room without a guest’s permission if the staff believes the guest is engaging in illegal acts within the room or through use of the room. A hotel employee could report what he or she saw in the room to the hotel’s management. A manager would then have a duty to call the police. By doing so, the hotel might provide police with probable cause to obtain a warrant. If a search of the room leads to a drug-related arrest, you could face a steep fine and possible jail time.

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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The post Meth At Hotels first appeared on Michael Anderson.

from Michael Anderson https://www.ascentlawfirm.com/meth-at-hotels/

from
https://grum193.wordpress.com/2020/08/29/meth-at-hotels/

Meth At Hotels

What Is a Hotel Housekeeper Tattles Anyway?

Crime Prevention in Overnight Lodging

Drug Activity, Prostitution, and the Law

Why Prevention Works

Commitment: The First Step

Environmental Design

Visibility and Access

Appearance and Maintenance

Motel Advertising

Warning Signs

Free Initial Consultation with Lawyer

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

Foreclosure Lawyer Bountiful Utah

How Bankruptcy Works In Utah

Money And Divorce

Trademark Basics

Utah Divorce Code 30-3-10.1

What Is Rule 506 Of Regulation D?

The post Meth At Hotels first appeared on Michael Anderson.

from Michael Anderson https://www.ascentlawfirm.com/meth-at-hotels/

from
https://grum193.wordpress.com/2020/08/29/meth-at-hotels/

What Is Rule 506 Of Regulation D?

Regulation D (Reg D) is a Securities and Exchange Commission (SEC) regulation governing private placement exemptions. It should not be confused with Federal Reserve Board Regulation D, which limits withdrawals from savings accounts. Reg D offerings are advantageous to private companies or entrepreneurs that meet the requirements because funding can be obtained faster and at a lower cost than with a public offering. It is usually used by smaller companies. The regulation allows capital to be raised through the sale of equity or debt securities without the need to register those securities with the SEC. However, many other state and federal regulatory requirements still apply.

Understanding SEC Regulation D (Reg D)

Raising capital through a Reg D investment involves meeting significantly less onerous requirements than a public offering. That allows companies to save time and sells securities that they might not otherwise be able to issue in some cases. While Regulation D makes raising funds easier, buyers of these securities still enjoy the same legal protections as other investors. It is not necessary to keep Regulation D transactions a secret, even though they are private offerings. There are directives within the regulation that, depending on which rules are applied, may allow offerings to be openly solicited to prospective investors in a company’s network.

Requirements of SEC Regulation D

Even if the Reg D transaction involves just one or two investors, the company or entrepreneur must still provide the proper framework and disclosure documentation. A document known as Form D must be filed electronically with the SEC after the first securities are sold. Form D, however, contains far less information than the exhaustive documentation required for a public offering. The form requires the names and addresses of the company’s executives and directors. It also requires some essential details regarding the offering. The issuer of a security offered under Reg D must also provide written disclosures of any prior “bad actor” events, such as criminal convictions, within a reasonable time frame before the sale. Without this requirement, the company might be free to claim it was unaware of the checkered past of its employees. In that case, it would be less accountable for any further “bad acts” they might commit in association with the Reg D offering. According to rules published in the Federal Register, transactions that fall under Reg D are not exempt from antifraud, civil liability, or other provisions of federal securities laws. Reg D also does not eliminate the need for compliance with applicable state laws relating to the offer and sale of securities. State regulations, where Reg D has been adopted, may include disclosure of any notices of sale to be filed. They may require the names of individuals who receive compensation in connection with the sale of securities.

Limitations of SEC Regulation D (Reg D)

The benefits of Reg D are only available to the issuer of the securities, not to affiliates of the issuer or to any other individual who might later resell them. What is more, the regulatory exemptions offered under Reg D only apply to the transactions, not to the securities themselves. Rule 506 of Regulation D provides two distinct exemptions from registration for companies when they offer and sell securities. Companies relying on the Rule 506 exemptions can raise an unlimited amount of money. Under Rule 506(b), a “safe harbor” under Section 4(a)(2) of the Securities Act, a company can be assured it is within the Section 4(a)(2) exemption by satisfying certain requirements, including the following:

• The company cannot use general solicitation or advertising to market the securities.

• The company may sell its securities to an unlimited number of “accredited investors” and up to 35 other purchasers. All non-accredited investors, either alone or with a purchaser representative, must be sophisticated—that is, they must have sufficient knowledge and experience in financial and business matters to make them capable of evaluating the merits and risks of the prospective investment.

• Companies must decide what information to give to accredited investors, so long as it does not violate the antifraud prohibitions of the federal securities laws. This means that any information a company provides to investors must be free from false or misleading statements. Similarly, a company should not exclude any information if the omission makes what is provided to investors false or misleading. Companies must give non-accredited investors disclosure documents that are generally the same as those used in Regulation A or registered offerings, including financial statements, which in some cases may need to be certified or audited by an accountant. If a company provides information to accredited investors, it must make this information available to non-accredited investors as well.

• The company must be available to answer questions by prospective purchasers.

Under Rule 506(c), a company can broadly solicit and generally advertise the offering and still be deemed to be in compliance with the exemption’s requirements if:

• The investors in the offering are all accredited investors; and

• The company takes reasonable steps to verify that the investors are accredited investors, which could include reviewing documentation, such as W-2s, tax returns, bank and brokerage statements, credit reports and the like.

Private placements – Rule 506(b)

Section 4(a)(2) of the Securities Act exempts from registration transactions by an issuer not involving any public offering.
Section 4(a)(2)
Rule 506(b) of Regulation D is considered a “safe harbor” under Section 4(a)(2). It provides objective standards that a company can rely on to meet the requirements of the Section 4(a)(2) exemption. Companies conducting an offering under Rule 506(b) can raise an unlimited amount of money and can sell securities to an unlimited number of accredited investors. An offering under Rule 506(b), however, is subject to the following requirements:
• no general solicitation or advertising to market the securities
• securities may not be sold to more than 35 non-accredited investors (all non-accredited investors, either alone or with a purchaser representative, must meet the legal standard of having sufficient knowledge and experience in financial and business matters to be capable of evaluating the merits and risks of the prospective investment)
If non-accredited investors are participating in the offering, the company conducting the offering:
• must give any non-accredited investors disclosure documents that generally contain the same type of information as provided in registered offerings (the company is not required to provide specified disclosure documents to accredited investors, but, if it does provide information to accredited investors, it must also make this information available to the non-accredited investors as well)
• must give any non-accredited investors financial statement information specified in Rule 506 and
• should be available to answer questions from prospective purchasers who are non-accredited investors
Rule 506 of Regulation D Requirements
To offer and sell securities in the United States, an issuer must comply with the registration requirements of the Securities Act of 1933, as amended (the “Securities Act”), or must offer and sell the securities pursuant to an exemption from the registration statement requirements. A commonly used private offering exemption is Rule 506 of Regulation D. Rule 506 is a non-exclusive “safe harbor” for the statutory exemption provided by Section 4(2) of the Securities Act. The Rule 506 exemption is often used by issuers who engage in go public direct transactions and conduct underwritten and direct public offerings. The legal and compliance costs of Rule 506 offerings are less than those of offerings registered with the Securities and Exchange Commission (“SEC”). An issuer may sell its securities to an unlimited number of accredited investors and up to 35 non-accredited investors that the issuer reasonably believes to be, either alone or with their purchaser representative to have sufficient knowledge and experience in financial and business matters to be capable of evaluating the merits and risks of an investment in the issuer’s securities.

The Most Common Exemption–Regulation D Rule 506

Regulation D contains safe harbors that provide exemptions from federal registration. These include exemptions under Rules 504, Rule 505, and Rule 506. Rule 506 is the most commonly relied upon exemption in private offerings (accounting for more than 90% of offerings, according to SEC statistics).

Rule 506 Exemption

Rule 506 is governed by Section 4(a)(2) of the Securities Act of 1933 (the “Securities Act”). It permits a company to offer securities to an unlimited number of accredited investors and up to 35 non-accredited investors. Rule 506 offers many advantages to the other Regulation D exemptions.

Federal Preemption Over State Law

Rule 506 is unique among the Regulation D exemptions, in that with a properly prepared Regulation D offering, there is no need to register at the state level or find any state exemption. Congress has specifically preempted states’ authority to review securities exempted under Rule 506 or impose additional requirements through the National Securities Markets Improvement Act of 1996 (“NSMIA”). The NSMIA effectively took from the states their power to review an offering under Rule 506. States may only require that issuers submit a notice filing with the state and impose filing fees, typically between $200 – $700 per state.

Reduced Risk Of Losing The Exemption

Additionally, if an offering made under Rule 506 is made to only accredited investors, the company making the offering will not lose its exemption from failure to make any prescribed disclosures. A private placement memorandum should be drafted carefully to protect the company from violations of the “anti-fraud” provisions under the Securities Act and the Exchange Act as well as state securities laws.

Advertising

In 2013 the SEC adopted final rules lifting the ban on general solicitation and advertising under Rule 506 for offerings in which the issuers took reasonable steps to verify that all purchasers of its securities qualified as accredited investors. This is now known as Rule 506(c), while non-advertised offerings are designated as Rule 506(b) offerings. Allowing advertisement in exempt private offerings is a major shift in the regulatory system, and presents opportunities to issuers never before available. However, the new regulations (as well as additional proposed regulations) will require additional burdens on issuers, which should be carefully considered. See our article: SEC Adopts JOBS Act Lifting Ban on Advertising for Private Placements for additional information. In addition to Regulation D Rule 506, there are a number of less commonly used federal exemptions, including Regulation D Rule 504 and Rule 505, the SCOR offering and the Rule 147 Intrastate Offering Exemption. These offerings are used when an issuer has unique needs not met by Rule 506 (such as insufficient access to accredited investors).

State Exemptions

In addition to the federal exemptions, state securities laws, also known as blue sky laws, require issuers to either register their securities or find an applicable exemption. States may not impose additional registration requirements with respect to an offering relying on Rule 506 for federal and state exemption (other than to require a Form D filing). Some states have additional available exemptions that issuers can utilize.
The federal rule, also known as Reg D, comes from the Federal Reserve Board and puts a limit of six transactions per month on certain transfers and withdrawals from your savings or money market account. Regulation D is the federal government’s way of ensuring that banks have the proper amount of reserves on hand and encouraging people to use savings accounts as they are intended: to save money.

Which transactions are limited under Reg D?

These kinds of transactions in savings or money market accounts fall under the rule:
• Online transfers from those accounts to a different account either at the same institution or a different one
• Transfers processed over the phone
• Automatic or preauthorized transfers, such as bill payments or any other recurring transfers
• Overdraft transfers from your savings account to your checking account. (Find out how to avoid overdraft fees.)
• Transfers made by check or debit card
Overdraft/Reg D Fees
There may be fees associated with transfers from an interest bearing account to your Checking Account or to a third party. RTP Federal Credit Union (RTP FCU) allows two free transfers per interest bearing account each calendar month. After the first two transfers, you will be charged an Overdraft/Reg D fee of $13.00 per transfer.
The following transactions are subject to Reg D limitations:
• Transfers/withdrawals from an interest bearing account using Home/Internet Banking
• Transfers/withdrawals from an interest bearing account using TouchTone Teller
• Overdraft transfers (made automatically to cover nonsufficient funds in other accounts)
• Transfers/withdrawals from an interest bearing account requested through our Call Center via telephone, e-mail, or fax
• Pre-authorized, automatic, scheduled, or recurring transfers/withdrawals from an interest bearing account
What transactions are NOT affected by Regulation D?
There are no limits or fees associated with the following types of transactions:
• Transfers/withdrawals from an interest bearing account made at an ATM
• Transfers/withdrawals from an interest bearing account to make a loan payment
• Transfers/withdrawals from an interest bearing account made in person at a branch
• Transfers/withdrawals from an interest bearing account sent in by mail with an original signature
• Transfers from your Checking Account to an interest bearing account
How can I Avoid Reg D Fees and Limitations?
• Send your direct deposit to your Checking Account – not your Savings or Money Fund. You can transfer money from your Checking Account to your Savings Account without limits or fees because Checking Accounts are not subject to Reg D.
• If you think that you will need to transfer money from your Savings or Money Fund account to cover Checking Account transactions, plan ahead and make one large transfer instead of several small transfers.
• You should not authorize merchants to draft money from your Savings Account. Use your Checking Account for these transfers. Automatic transfers from merchants should come out of your Checking Account instead of your Savings Account since Checking Accounts (non-interest bearing) are not subject to Reg D limitations.

Thursday, 27 August 2020

Utah Divorce Code 30-3-10.1

Legal custody of a child means one parent has the right to make all decisions concerning their child’s upbringing. Joint legal custody means both parents have an equal, legal right when making decisions concerning their child’s upbringing. Children generally do better if both parents are significantly involved in their lives. If you and the other parent can make joint physical custody work, it will benefit your child. If you have legal custody of your child, you can make all decisions regarding issues such as schooling, religion, medical care, and housing. With legal custody, you do not have to take into consideration the wishes or opinions of the other parent regarding your child’s upbringing. The term “custody” refers to the legal and physical custody of a child. Legal custody is the authority to make decisions for and on a child.

Joint Legal Custody

Joint legal custody (also called shared legal custody, shared parental responsibility, etc.) is when parents share that authority. The alternative is sole legal custody, where one parent has full responsibility to make major decisions for the child. You need to specify in your parenting plan which legal custody option your family will use. This determines who makes decisions about your children’s education, medical care, religion and more.

Basics of joint legal custody

You can have joint legal custody with sole physical custody or joint physical custody, which determine who your child lives with. Joint legal custody is a way to give both parents a say in their child’s upbringing. It is meant for cases in which both parents are able and available to make important decisions. In many states, it is the default option or is at least preferred over sole legal custody. In these states, sole legal custody is awarded when joint legal custody isn’t in the best interest of the child.

How joint legal custody is shared

There are many ways parents can share legal custody. Your court may let you decide the specifics, or it may use one of the arrangements below (or a variation) as standard.

Option 1: Parents collaborate on all decisions, whenever feasible. For example, the parents decide together what school their child will attend and whether the child will go on a field trip.

Option 2: Each parent makes decisions for the child when the parent has physical custody. For example, if a teenage daughter asks about birth control while with one parent, that parent can decide whether to take her to a doctor.

Option 3: The parents make big decisions together, and each makes smaller decisions individually when he or she has physical custody of the child. For example, the parents decide together what school their child attends; if the child has a field trip, the parent who has physical custody during that time decides if he or she should go.

Option 4: Each parent has authority over certain types of decisions. For example, the mother has the authority to make decisions about school, and the father has authority to make decisions about religion.

Advantages of joint legal custody

When parents work together to make key decisions for their child, the child ultimately benefits. Continual communication among the child and his or her parents helps prevent isolation and other psychological issues that could stem from a feeling of loss following a divorce or separation. This allows a child to feel loved by both parents and important to them. Children who see their parents interact positively, as joint legal custody requires, learn to compromise and work through disagreements. A child is more likely to have a healthy self-esteem if his or her parents are able to collaborate. Sharing legal custody can also alleviate the burdens of parenting. Having the other parent’s input in difficult decisions can be welcome.

Drawbacks of joint legal custody

If you know that you and the other parent would not be able to share responsibilities regarding your child, joint legal custody is not for you. For some separated and divorced partners, an acrimonious relationship makes collaborating or even communicating with one another difficult. Family tension can hinder a parent’s ability to make decisions in the best interest of their child. Another thing to consider are the sacrifices joint legal custody can require. For example, you may want to limit your job search to areas near your child to make joint decision-making easier.

When joint legal custody works best

Joint legal custody works well when:
• Parents agree that a joint legal custody arrangement is in the best interest of the child
• Parents are willing to cooperate
• Both parents want to be very involved in raising their children
• Parents share fundamental values
• There is no history of child abuse, domestic violence or kidnapping.
• Parents live fairly close to each other and a joint arrangement is logistically possible.

Joint physical custody can work with almost any parenting time schedule. If your child needs to live primarily with one parent, you can give more time to the other parent with midweek visits, extended weekends, longer holiday breaks, and school break visits. The other parent can also have contact with the child through phone calls, email, texting, attending the child’s events and activities, etc. When parents share fundamental values, it’s easier for them to make effective decisions regarding their child’s school, extracurricular and religious arrangements. Co-parenting is less likely to be conflictive when parents are on roughly the same page regarding their children.

Common joint physical custody schedules

If you have joint physical custody, you need to make a parenting time schedule that shows when your child spends time with each parent.
Some common shared parenting time schedules are:

• Alternating weeks schedule when the child lives with one parent for one week and the other parent the next week
• Two weeks each schedule when the child lives with one parent for two weeks and the other parent the next two weeks
• 2-2-3 schedule where the child lives with one parent for two days, the other parent for two days and the parents alternate a three day weekend
• 2-2-5-5 schedule where the child lives with one parent for two days, the other parent for two days, then the first parent for five days and the second parent for five days
• 3-4-4-3 schedule where the child lives with one parent for three days, the other parent for four days, then the first parent for four days and the second parent for three days
• Every weekend schedule where the child lives with one parent during the week and the other parent for an extended weekend
• 4-3 schedule where the child lives with one parent for four days and the other parent for three days

You can always add midweek or overnight visits during the week to make the schedule better suited for your situation. You may want to use a visitation timeshare calculator when you make your schedule to ensure that both parents have substantial time with the children.

State preferences for joint physical custody

Many states have laws that give preference for joint physical custody. Courts in these states will order joint physical custody as the default unless a parent can prove that it would be harmful to the child. Look at your state custody guidelines to find out what your court prefers. Some states require that both parents have a minimum amount of time with the child in order for the arrangement to be labeled joint physical custody. Other states simply require both parents to have substantial and frequent contact with the child. Traditionally, there are two types of custody in family law matters – legal custody and physical custody (also known as parenting time in some jurisdictions). Both types of custody can be established as sole or joint custody. While much attention is given to determination of physical custody (where the child will reside, when and with whom), legal custody is vitally important and has the potential to cause future problems in high conflict cases.

Sharing Major Decisions

Legal custody gives you the right to make the major decisions that will affect your child’s life. Joint legal custody is a situation in which both parents share responsibility for those major decisions. These might include decisions about education, health and dental care, emergency care, religious practices, extracurricular activities, and more. Family law courts determine custody (both physical and legal) based upon the best interests of the child. Most courts will presume that both parents are willing and capable of working together to make major decisions for their child’s health, education and welfare. If one party or the other would rather have sole legal custody (sole decision-making authority), the onus will be on that party to demonstrate to the court the reasons that sole legal custody would be in the best interests of the child. Parents with joint legal custody do not necessarily need to be friendly but should be able to set aside their differences to make good decisions for their child. If parents have an extraordinarily high level of conflict or refuse to communicate with one another, the court may award sole legal custody to one parent (but may still require consultation with the other parent before making a major decision). If abuse, neglect, or violence involving the child or spouse has occurred, courts are unlikely to award joint legal custody.

Day-to-Day Decisions

Even in situations of joint legal custody, day-to-day decisions will be made by the parent with whom the children are at the time the decision is to be made. For example, a father with weekend visitation can decide what the children will eat and wear during that weekend. Both parents should be able to make emergency medical decisions for the child without consulting with the other parent if time and medical needs require immediate decisions. (The other parent should be notified of the medical situation as soon as practical.)

Inability to Agree

If one parent excludes the other from the decision-making process in a joint legal custody arrangement, the other parent can file a motion to enforce, a motion for contempt and/or a motion to modify custody based upon the refusal to abide by the custody order. In the event that parents with joint legal custody cannot agree on a major decision involving their child’s health, education or welfare, they can seek the assistance of a mediator – a neutral third-party who will help the parties reach an appropriate compromise or decision. In some jurisdictions, the parties may ask the judge to enter his or her order regarding the disputed issue after hearing evidence and argument. This can be extremely time-consuming and expensive however. In order to avoid those costs, the court may appoint a special master or arbitrator to hear the matter. Other jurisdictions might appoint a case manager to handle or decided day-to-day disagreements in high conflict cases.

Specificity in Parenting Agreement

Court orders of joint legal custody are generally fairly broadly written, referencing the vague notion of the child’s “health, education and welfare” or some similar language. Parties can use parenting or settlement agreements to attain more specificity in the responsibilities attendant to joint legal custody. Some of the issues which might be covered are the requirement to notify the other parent of non-emergency medical care; of the identity of the child’s teachers, day care providers, and health care providers; and of any school, church or extracurricular activities to which parents are invited. Parents are urged to approach the major decisions affecting their child’s life with the child’s best interests in mind – and not whether mom or dad “wins” a disagreement. The most successful joint legal custody situations do not require overly friendly exes – just mature parents who put their child’s needs first.

Joint Vs Sole Custody

During the divorce process, many Utah parents wonder how their decision to end their marriage will impact the relationships they have with their children. In order to protect their children’s well-being, parents will either be awarded joint or sole custody once their divorce is finalized.

Sole custody

In sole custody arrangements, according to the American Bar Association, one parent is responsible for taking care of his or her children the majority of the time. This parent is also responsible for making major decisions about his or her children. However, when sole custody is awarded, the noncustodial parent is almost always given visitation rights. When this occurs, this parent may be able to care for his or her children on overnight visits or during vacation periods.

Joint custody

When a joint custody arrangement is awarded, parents may either be given joint legal custody of their children, joint physical custody of their children or both. According to the Utah Courts, parents who have joint legal custody of their children have the authority to make major decisions about them. For example, in these situations, both parents have the right to determine what religion, if any, their children will participate in, where they will go to school and what type of medical care they will receive. Comparatively, joint physical custody means that the children spend at least 111 nights in the homes of each of their parents every year, states the Utah Courts. In these situations, it is usually best if the divorced parents are able to live near each other.

Factors the court considers

If parents devise a custody agreement with their ex-spouse and the court determines that it reflects the children’s best interests, this arrangement will be legally granted. However, if parents cannot come to an agreement, the decision of what type of custody will be awarded is left up to the court, states the Utah Courts. When determining what the children’s best interests are, the court will consider a number of different factors. These include some of the following:
• Which type of custody will benefit the children’s different emotional, physical and psychological needs
• Whether or not both parents participated in raising their children before ending their marriage
• The parents ability to work together and make joint decisions about their children
When a child custody determination is left up to the court, parents in Utah may have concerns about how these factors and others will affect their ability to acquire sole or joint custody. If you and your spouse have decided to end your marriage, speak with an attorney to receive legal guidance during this difficult time.

Joint Legal and Sole Physical Custody

The court system offers parents a number of options for custody arraignments. Each one comes with different rules and rights, though. The critical nature of court-assigned custody means it is in the child’s best interest if both parents consult attorneys to work out an agreement that suits the current situation. Our experienced attorneys at Wall & Wall Legal Solutions can help you every step of the way. In general, family courts see the benefit in a co-parenting scenario – one that gives both parents an active role in the child’s life once the divorce is finalized. The exception is if contact with one or both parents puts the child in danger – emotional or physical. As a parent, it’s important to develop an understanding of the varying degrees of custody, so you know your rights.
What is Joint Legal and Sole Physical Custody?
When the judge decides the optimal choice for the child is joint legal and sole physical custody, this means that child stays with one parent for more than 225 nights each year. The parent without physical custody has regular visitations and still makes decisions for the child. The goal is to provide the child with a stable home life. This is often a more practical choice if both parents work or if the child is attending school.

What is the Difference between Legal and Physical Custody?

The biggest difference is found in the decision-making process. A parent with legal custody is in charge of making all important decisions for the well being of the child. Physical custody, on the other hand, involves the place of residence or where the child lives most of the time.

What Does Joint Legal Entail?

The state of Utah defines joint legal custody as allowing both parents:
• Rights
• Privileges
• Duties or responsibilities
• Powers
Joint legal custody puts both parents in a decision-making role. No one parent can make an important choice for that child without the approval of the other. For example, it takes both parents to decide on:
• A school
• A health treatment or care plan
• A safety issue
• A religion
When the judge assigns joint legal custody, it is because that is the best option for the child even if it’s not necessarily what the parents want. Utah law tends to favor this custody arraignment because it gives children a chance to have both parents active in their lives, even if they live in one home most of the time.

What Does Sole Physical Entail?

Under the law, sole physical custody means that a child lives with the custodial parent most of the time – specifically 255 or more nights a year. The non-custodial parents still have the right to standard visitation, usually about 86 overnight visits broken up in various ways, such as:
• Every other weekend
• One weekend evening
• Four weeks during the summer with at least two uninterrupted weeks
When a parent has sole physical custody, the courts strive to establish physical residency, and in some states, that role goes to whoever was the primary caregiver during the marriage. It has less to do with making critical life choices for the child than just establishing a stable home and some familiarity.