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Monthly Archives: April 2022

Criminal Law Explained – Corpus Delicti

Nobody
needs to grasp or speak to a criminal defense attorney until they are
in trouble. There’s a sure jinx or hex that folks seem to assume follow
those seeking out criminal recommendation before they have it. But, once
you’re charged with a criminal offense, you quickly understand how
important a smart criminal lawyer is.

And
part of the need for a defense attorney is the requirement to translate
all of the legal mumbo jumbo that’s tossed forwards and backwards
between the choose and therefore the attorneys. Here are just a few
words you would possibly here during your criminal process, some you
will apprehend, some you may not: hearsay, nunc professional tunc;
arraignment; omnibus; voir dire; res ipsa loquitor; and on and on.

Well,
I am here these days to help you perceive what one of these legal terms
means – corpus delicti. This can be a word you may not hear spouted in
court a heap, but it is an important term for your defense attorney to
understand, particularly if you have got confessed to a criminal offense
and she or he desires to strive to induce that confession suppressed.
So that you just better perceive the word, I’ve broken it down for you
below.

As I discussed on top of, corpus delicti comes up most
often in the context of confessions, and particularly in the context of
confessions where not a heap of alternative proof exists against the
defendant. See, judges and courts, though more than willing to admit a
confession if one is given, do not essentially like confessions, notably
if they are the only factor the proseuctor has on a defendant. The
reason is, we have a tendency to know false confessions are given from
time to time. And we understand that juries place in extremely high
regard confessions of defendants. Therefore, judges and courts are
hesitant to allow confessions in unless there’s another independent
evidence of the criminal act.

And that other freelance proof of a
criminal act is what corpus delicti stands for. If there is no corpus
delicti, or different freelance proof of against the law, the court can
not enable during a confession as a result of there’s the chance
(whether reasonable or otherwise) that the confession was falsely
provided. Still a little bit confused as to what it means that? How
concerning an example.

As
an instance there is a guy. He’s standing out in a parking lot with
another folks around some cars. As an instance the individuals in the
car and therefore the individuals out of the car get into a shouting
match, for whatever reason. In the tip, the guys within the automobile
arrange to leave. As they are pulling away, the driving force hears a
noise on his automobile and turns around. He does not see anyone
touching his automotive or essentially by his car, but there is only one
person within the area. The guy within the automotive does not check
his automobile out until later, when he sees a dent in the side of his
car. He thinks it had been the guy he saw around his automobile earlier.

The
cops go and choose up the guy they think of damaging the car and take
him right down to the police station. After some talking and
interrogating, they get the guy to admit to kicking the car. He is
arrested and charged with malicious mischief.

In this case, do
you think that the rule of corpus delicti exists here? Without the
confession, all the police have for evidence is the guy hearing
something happen to his automobile, turn around, and see the guy close
to the car. What is missing is any proof that the guy hit the
automobile, and that he did it with an intent to wreck the car. It’s
potential (theoretically, if no confession had been given) that he was
simply in the incorrect place at the wrong time when the guy turned
around. For a case like that a corpus delicti argument would possibly be
a means to induce the confession suppressed.

How to Structure, Appraise and Value a Real Estate Mortgage Note

Five Key Factors that Impact Risk, Value and Income

What is a real estate mortgage note?
Legally speaking, a mortgage note is two legal documents: 1) A promissory note, and 2) An encumbrance or lien recorded against real estate. But, based on every day conversational usage, most people, lawyers excepted, think of it a one document. To be technically correct in this discussion we will deal with the two separate documents-the promissory note and the mortgage or deed of trust.

To determine the best way to structure a real estate mortgage note we must first consider our goal or our purpose. Remember, we are discussing a “financial instrument” an “investment instrument”. The function of a financial investment is to generate income/cash-flow at the highest rate possible rate commensurate with the risks involved. We will assume the investing goal provides at least a market rate of income, recognizing the risks involved.

5 Key Factors Impacting the Fair Market Value of a Real Estate Mortgage Note

1. Borrower/Debtor
2. Interest Rate
3. Payments & Terms
4. Collateral Security
5. Document Language

Borrower/Debtor
Always deal with a borrower that has good credit. A person’s FICO (credit score) shows how reliable they are in paying off debts-keeping their promises. Avoid buyers who object to having their credit history pulled; there is a reason they want it kept confidential. Don’t take their word for their past paying history, do a credit check.

Interest Rate
The interest rate should be reasonable and fair to both parties; it should reflect the market rate for the mortgage loan with an appropriate adjustment for risk factors. Over charging can lead to hard feelings, inability to make the payments and possibly violating the usury laws of the state. Undercharging devalues the loan and renders it a poor investment.

Payments & Term
The periodic payment should be within the budget of the borrower; the payments should be monthly; the term of the loan should be less than five years, three years is better; avoid making long-term loans. A note with a 3-year term is more valuable than one with a 15-year term. The longer-term notes are discounted much more to account for the longer waiting period.

Collateral Security
Obtain a substantial down payment; keep the loan balance at or below 75% of the value of the collateral real estate. The down payment amount reflects on a borrower’s financial stability. The higher the loan-to-value (LTV), the more risk there is to the investor. Use real estate as the collateral security backing-up the bower’s promise to repay. Be certain to evaluate the condition and location of the property used as security. The mortgage or deed of trust documents collateralizing the promissory note should be recorded in first position; it should be a first position mortgage loan.

If you are structuring a business promissory note, its value will be much greater and it will have less risk if the real estate of the business is part of the note’s collateral security. This means that companies that lease property face bigger financing discounts, unless other real estate is used as security.

Documents and Language
Preparing the mortgage loan documents yourself is high risk folly; it may seem simple and easy to do, but it is not either if it is done correctly; you may save some money on the front end, but you will give the savings back plus way more on the back end. On the internet you will find hundreds of ads and offers proclaiming “free promissory note forms”, “free tips”, and the answers to legal questions “free”. Don’t take the bait! Only an experienced promissory note specialist who really understands the legal and practical meaning of the terms and conditions can keep you safe; each state has different laws and customs. There are state laws and federal laws to be considered.

Jury Awards Large Commission in Commercial Property Dispute

One of the largest jury verdicts awarding a brokerage commission in Arizona history was recently awarded from a commercial property dispute. A Scottsdale real estate agent was awarded a commission of $420,000 against a brokerage firm who had listed a large office building in north Scottsdale in this.

The facts are as follows:ws:

A brokerage firm named Cavan Commercial LLC (“Cavan Commercial”) had a 6% listing agreement on a large office building in north Scottsdale. Cavan Commercial and a real estate agent named Chris Wyatt entered into a 3% co-brokerage agreement if Chris Wyatt’s client Buyer A purchased the office building. Four days later Buyer A signed a purchase contract to purchase the office building for $14,000,000. The $100,000 earnest money was paid 1/3 ($33,000) each by Buyer A and his two investor partners who Chris Wyatt had introduced to the designated broker of Cavan Commercial at a meeting three months earlier in Cavan Commercial’s offices.

A few days after the Purchase Contract had been signed by Buyer A, Buyer A and his two investor partners formed a limited liability company (“LLC”), and assigned the purchase contract from Buyer A to this LLC. Buyer A and his two partners subsequently got in a dispute, and Buyer A agreed to transfer his membership interest in the LLC to his two investor partners.

For Section 1031 tax purposes, at the time of closing the LLC assigned the purchase contract to the two investor partners as individuals. The transaction closed. Immediately after the transaction closed, the two investor partners transferred the title to the office building back to the LLC.

Although the escrow commission instructions at closing prepared by the title company provided for a 3% commission to Chris Wyatt, this provision for Chris Wyatt’s 3% commission was crossed out by Cavan Commercial, who revised the escrow commission instructions to provide for the entire 6% commission ($840,000) to be paid to Cavan Commercial.

When Chris Wyatt complained and requested his 3% commission, the designated broker for Cavan Commercial said -Sue me.- Chris Wyatt did. Almost four years to the day after Chris Wyatt had introduced Buyer A and his two investor partners to the designated broker of Cavan Commercial, the commission dispute was tried before a jury in Maricopa County Superior Court. After a three-day jury trial, the jury deliberated less than one hour and awarded the entire 3% commission of $420,000 to Chris Wyatt. (Wyatt v. Cavan Commercial, LLC; CV2006-01270; Jury verdict November 14, 2008.)

Chris Wyatt was represented at the jury trial by John Skiba, with assistance from Chris Combs and litigation paralegal Lisa O’Brien. Don Martin, a former president of the Arizona Association of REALTORS, testified as an expert witness on behalf of Chris Wyatt. Cavan Commercial (renamed Logan Commercial LLC prior to the setting of the trial date) was represented by two lawyers from a national law firm.

Note: During the questioning of prospective jurors before the trial began, one of the prospective jurors was a real estate agent, and in response to questioning from Cavan Commercial’s lawyer, the real estate agent said that she did not know if she could be fair because she was tired of seeing real estate agents being “cheated” out of their commissions. Although she was honest, she was immediately excused as a juror!

Combs Law Group was organized as and continues to be a highly specialized, boutique real estate law firm. Christopher A. Combs is a State Bar of Arizona board certified real estate specialist and the founder of CLG. For more information please contact us at info(at)combslawgroup.com or by calling 602-957-9810. Article Source: Arizona Association of Realtors

How Could You Make Your House Resembling A Million Dollar HomeThere Are Numerous People, Who’re Un

In spite of the fact that every person has his or her own demands and also tastes, many people still possesses a similar idea of comfort and luxury. Because of this, staging a home for sale, it might be not difficult to follow some general aspects, applied to create a unique atmosphere within the exterior and interior of a house, which often can be appreciated by many people.
So, first of all it will be crucial to make your home looking nice and trim. The existence of garbage or clutter will surely spoil the impression created by the house, when you will show it to your prospective buyers. Secondly, the rooms at your house ought to be well-lit, to enable your potential buyers to observe the furnishing of the house. And thirdly, the furnishing of the house and its particular style ought to provide the atmosphere of harmony and luxury, where your prospective buyers should be able to relax and enjoy their time, while staying at home.
You can attempt to produce such an pleasing atmosphere, utilizing your own personal perception of style and comfort along with some general principles we’ve already mentioned above. Nonetheless, if you wish to achieve the the best results, while making the house looking costly and also receiving the highest price for its sale, it can be important to consider the advices of an specialist concerning how to stage a house to sell.
Nowadays the real estate staging a home for sale seems to be quite intricate issue that will need a particular approach and consideration of the number of significant points, that could be missed by non-professionals. To start staging a property we offer you to obtain decorating ideas proposed by Lise Desormeaux, which is known as a successful Home Staging and Decorating Educator. Her home staging tips present a perfect guide as for realtors as for homeowners, that are able to transform their houses into the million dollar homes, which often can be quickly sold. These guidelines could be also of great help for those, which are planning to furnish their abodes into the clutter-free and beautiful homes by not hiring a decorator.
Go through the recommendations of Lisa Desormeaux, offered on www.lisedesormeaux.com, and you’ll be able to save lots of money, discovering the powerful recommendations for home staging.

Legal Services In India

Every couple wants to a child who can take forward their genes and legacy after they leave this world. Ability to bear child is the biggest boon for a female that nature has blessed her with. Unfortunately some couples are denied this happiness because of reasons associated with husband, wife or both.
Assuming the proper initial inquires have been made and adequately addressed, what are the cost savings reasonably attainable by an outsourcing U.S. law firm and its clients? Answering that question necessarily involves a comparative analysis of revenue and expenses.
What is the future like for LPO? While some of the largest firms and corporations in the world are using these services to handle their legal needs, will it hold up? The services offered are very effective and affordable, but what will happen in the years to come?
The above tasks can be time consuming and hence quite expensive if done by a qualified legal services provider in a country like the United States who charges tens or even hundreds of dollars by the hour. But the same work can be done very efficiently in countries like India for rates as low as one-fifth of what it costs in the US.
With money getting increasingly difficult to earn keep and manage hiring legal outsourcing attorneys seems practical. The attorneys help you in finding the best professionals at the lowest cost as possible. What does this translate into?
After BPO (Business Process Outsourcing) it is now LPO (Legal Process Outsourcing and KPO (Knowledge Process Outsourcing) that is wooing the Indian lawyer. It is natural for the Indian lawyer to opt for foreign projects as they get paid much better.
Top notch law firms focusing on LPO in India are capable of researching almost any legal issue and can providie services as is required by clients in the US or Canada. LPO is a great new way to reduce the cost of litigation in the US. It helps the client and also the law firms.
Additionally the advantage of time zone, familiarity with common law doctrines and easy availability of English speaking lawyers attracts more foreign firms to opt for LPO services India. Indian attorney with UK/US qualifications are also sought after which is perfectly fulfilled by the top legal services India.
The law firms and in house legal departments have enjoyed the benefits of a quicker turnaround time. The work left with the Indian entity at the end of their day is completed and available when they arrive at work the next day. These have become as important as the other core reason for outsourcing, namely saving of costs.
The provisional patent specifications must include a proper title with a written and brief description, some drawings if required and/or model or sample if needed. However a complete specification would also include the best mode, deposition like microorganisms and claims apart from the aforementioned.
If one is just starting out on BPO (business process outsourcing) for the first time, it is better to choose out the independent third party contractor which usually will have its own infrastructure and manpower in the offshore country from where the service is executed.

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