Lender Liability Claims – Why You Should Take a Lender to Court

scales of justice

For some time, lenders were the only ones that had the liberty to sue borrowers for breach of a loan agreement. What if your inability to honor the agreement can be blamed on the lender? Well, you do not have to suffer anymore when you are convinced that the lender is to blame. Ideally, the lender liability law serves to protect borrowers from unfair treatment or breach of contract from the lender’s part. That said, here are possible reasons to sue your lender.

Failure to renew a loan

bankrupt tiles

Lenders have been notorious for renewing short-term notes. As such, they impose the changes to the borrowers and force borrowers to sign additional personal guarantees. Ideally, this often happens when the borrower has limited options for securing alternative finances. Based on the principle of good faith, it is unacceptable for a lender to decide not to award the loan in the 11th hour or demand additional collateral.

Improper default notices

Commercial loan documents tend to be quite bulky, which makes it almost impossible for a borrower to pick up every detail shared there. To make matter worse, the clauses in this document are often in the lender’s favor. Unfortunately, some lenders tend to rely on negotiated technical details as a way of acquiring the portfolio of their customers. The good thing is that courts can easily distinguish between payment and technical defaults.

Improper acceleration

Every loan document has an acceleration clause. Ideally, the essence of having these provisions on the policy documents is to allow the lender accelerate amounts due under the loan. Ideally, the entire balance often becomes due instead of the missed payment. Most borrowers are usually well aware of this provision. However, some loans have some grace period. Thus, defaults in loans with some default can give you considerable leverage when filing for a lender bad faith claim.

Improper foreclosures

foreclosure stressThe number of foreclosure cases is always on the rise. The good thing is that you can always file a claim against wrongful foreclosure. Ideally, the wrongful foreclosure case law looks at things like improper standing, pre-foreclosure conduct, lenders foreclosure conduct, and lenders conduct in the origination and underwriting process.

If you are convinced that your lender acted in bad faith in initiating a foreclosure, you need the services of a lender bad faith lawyer. These professional have the experience needed to get a fair ruling against a bad faith lender.



What to Do After a Traffic Accident

Hit & Run

You must know that you cannot decide who the perpetrator and the victim are, right after an accident. An investigation is needed, whether the accident is minor or major.

And in most cases, we already buy auto insurance for our vehicles and health insurance for our well-being. It will be a reckless action if we get too emotional in an accident and take matters into our hands. There are people in charge of that kind of business, police officers, lawyers, and insurance adjusters.

Contacting 911

Policy AdjustrNever immediately resolve an accident without any supervisions of the third party. Except for helping a person from the accident site, do not try to change the scene. You should also do your best to prevent others from doing so.

Contacting the authority will also help you in claiming insurance premium. When you call 911, the operator will provide you with assistance. And once the officers arrive at the scene, they are the ones who gather the evidence of the traffic site and later provide the official police report.

Your insurance adjuster will later collect the report and decide your qualification for the premium. But you need to know that the official police report is only vital for an insurance claim if there is an injured party.

Writing your own report

In noninjury causing accidents, the official police report might not be required for the insurance. And the adjuster will ask you to write your own report and match it with the evidence from the vehicle’s condition and the eyewitness’s recount.

What you need to write on the report is the identity of the second party (if you hit another vehicle), and a detailed narration on the accident. Your car speed, the condition of the road, and the maneuvers which are probably related to the accident must be included.

Estimating compensation

InsuranceIf you hit a pedestrian, for example, and he/she needs to be hospitalized, you must not lose your calm and focus. The first thing you can do is to estimate how much financial help you can get to cover the injured’s health cost.

VictimYou can consult your insurance company immediately, and ask if your case can get insurance coverage. Or, after you know what injuries the injured has, you can estimate the compensation cost by using Claims Calculator online, such as the one on http://smithjonessolicitors.co.uk/. Always prefer to resolve the matter with the insurance company than personally with the injured’s family. Because, things might get too emotional, and you can get in much severe legal trouble.

If you are the relative or companion to the injured, you must also act the same. Contact the injured’s insurance to deal with the matter, and help to collect the necessary documents to get the personal injury compensation.

Consulting with a law firm

ConsulWhen the insurance company role is out of the equation, or the accident has led to a death, you will be most likely to deal with the court system. And as the one who survives, you must not drown yourself with guilts.

Money & LawIn fact, it is vital for you not to admit being guilty and to give too much information immediately after the accident. They all will affect the outcome of the case.

The best thing you can do is to consult your case with a specialized lawyer. Lawyers who are expert in handling traffic accident case know their drills and give you the highest chance to get out of trouble fast.…


Dealing With Pedestrian Accidents

pedestrian 23

It is quite unfortunate that pedestrians get hit by cars every other day. What makes it even worse is that the pedestrian is not always at fault. This can be avoided but cannot be eliminated. If you or someone you know gets is involved in a collision involving a pedestrian, it is advisable to hire the services of a lawyer. With professional help, it will be easy to claim compensation for damages or injuries suffered. That said here are a few things to know about pedestrian accidents.

Severity of pedestrian accidents

pedestrian accident 4

Pedestrians suffer more than drivers in the event of an accident. This could be attributed to the fact that they are exposed or unprotected. In most cases, pedestrians end up having brain injuries, paralysis of the entire body or a part of the body and in severe cases, many are pronounced dead. The consequences of pedestrian accidents are enormous medical expenses, need for rehabilitative care, and physiological torture. This poses a burden not only to patients but also to caregivers. In other instances, families may lose breadwinners.


Monetary compensation cannot buy health. However, this does not invalidate the need for seeking compensation. Once someone is admitted to a medical facility, the next thing is to seek legal redress. Unfortunately, some people are ignorant about their rights on the road. This should not be the case. It is key to remember that your loved one needs rightful compensation. Therefore, it is essential to find a pedestrian accident attorney and file your claim. This way, you are guaranteed of getting what is deservedly yours.

Why go for a reputable pedestrian accident lawyer

zebra crossingThe lawyer you choose matters a lot. When seeking redress, you need to go for a lawyer that has your interest at heart. More to this, the lawyer of choice should be devoted to representing and fighting for your grievances. Other things that are of essence are working experience in this field and knowledge on pedestrian accident issues. With this in place, you can lay assured of getting rightful compensation.

Why you need to contact a pedestrian accident lawyer immediately

It is essential to seek legal aid once you have been involved in an accident. You should not waste your time to ensure all technicalities in your case are addressed. With this, your attorney will be in a position of getting issues sorted as early as possible.



Tips on Estate Planning for Property Owners

estate planning

It is always advisable for property owners to have a plan for their estate in case they pass on. Unfortunately, many people do not like to imagine the situation. Estate planning is something that every property owner should think about and take the necessary action.

As a property owner, you might not have the knowledge or the experience on how to do it in the right manner. Getting estate planning legal help is the best way to manage your property. Here are tips to help in estate planning:

A will

The first thing that should come to your mind when you thing about estatewriting a will planning is a writing a will. You need to write a will that will determine the distribution and management of your property once you pass on. Many people undertook the role of a will, but it is a very important aspect of estate management.

A will offers a guideline in the distribution of your property to your family and loved ones without anyone feeling left out. In the case where you don’t leave a will, the property will be shared based on the government laws that are available and not based on your wishes.

Delegation of control

You don’t have to wait for death so that you can start estate planning. Estate planning should begin as early as possible for every property owner. With adequate estate planning, your health, finances and legal matters will be properly managed even when you are alive.

In case you are not able to exert control when alive for any reason, then you need to delegate authority to other people. When it comes to a delegation of control, there are three aspects involved. We have power of attorney, the release of information and advance directives.

Work with professionals

Estate planning is not something that you can do on your own. You need to get the services of professionals who will help you with advice on the way. For instance, you need to get tax attorneys and real estate attorneys for your property. You also need financial advisors for your monetary investment. All these people should work hand in hand to give you the best advice when it comes to estate management.

estate planning legal documents

Life insurance

Life insurance is still part of estate planning. Long after you have gone, you need to make sure that your loved ones will live a comfortable life. By taking a life insurance policy, you transfer the risk of death to the insurance company. Your loved ones will be compensated for your death, and they will get all the financial help that they need depending on the policy.…


Legal things to consider when getting a divorce


When your marriage didn’t turn out to be the happily ever after ending you hoped it would be, you will be considering a separation. A separation of two married individuals is called a divorce. When your marriage is just not working out as you’ve planned, or hoped, or expected, it is time for a divorce. When getting separated and finally coming to a conclusion to terminate a marriage, there are several things to consider. Other than emotional, physical, and physiological matters, you will also need to consider and resolve legal matters. Here are some legal issues that you need to put into consideration when you are going through separation and getting a divorce.

Spousal support and property division

alimony and propertySpousal support or what is usually called alimony is a monthly payment awarded to one former spouse to the other. This payment is to cover economic unfairness amongst the couples. After getting a divorce, one spouse who has a better capacity in earning will have to provide support the other one with money. There are several considerations in deciding on the amount of alimony. It could be decided by a decision and agreement made by the couple or the court. Property division is a tricky thing when it comes to marriage termination. All your assets will be divided according to your agreement or according to the law.

Child custody, and child support

When you have children, parenting and access to the child are some crucial considerations to think about if you are going through with a divorce. Regarding custody, putting the child’s interest is crucial. It is the law that is the one that requires the best interests of the child to be put first in all the decisions that affect them. And not the convenience or preferences of the splitting parents. As for child support, it is the amount of money paid to one parent from another to provide support for the children. There is a guideline that controls the amount of money needed to be paid for child support.

Hire the best lawyer

lawyerGoing through a divorce is an exhausting process. Both physically and especially mentally. To ease the process, you need to hire lawyers. And not just any lawyers, reputable ones. Find lawyers with experience, knowledge, and skills. Find ones that are the best in your region. If you reside in British Columbia, then you should find British Columbia’s top lawyers and so on. Each party in the divorce must have an attorney of their own. Attorneys can help resolve a settlement plan so that it doesn’t need to go to trial. But if it does have to go to trial, a seasoned professional lawyer will be able to win you a case.…


How To Change Your Personal Lawyer

personal lawyer

Sometime you might become unhappy with your attorney or with his or her services. You can talk with him to iron out your issues of problems. Direct communication can help you in clearing up some misunderstandings. Alternatively, you can write down your issues or concerns and then request a response from him or her. Depending on the response obtained, you can decide to terminate your lawyer-client relationship with him or her if you are still uncomfortable or unhappy with his services. You can learn the process of changing your lawyer by going through this article.

law court

Ideally, any person is free to change or fire his lawyer provided he or she has written a notice of doing so to opposing party and the court. Any individual who is planning to change his lawyer is required by the law to file a Consent to Change Counsel. Both the retiring counsel and his ex-client are supposed to sign this consent. You can then proceed to hire another lawyer once you are through with this process. However, there are some courts require the signatures and names of the incoming counsel and the current one.

Which are the continuing duties of the fired lawyer?

The state rules govern the general conduct of the hired attorneys. The fired lawyer is expected to forward the client’s property and legal files.  This attorney is prohibited from contacting his or her ex-client with the aim of getting him to switch back. In addition to this, there are other duties that are imposed by ethics rules. They include:

  • Protecting the confidential information of the ex-client
  • Avoid taking unfair advantage of his or her ex-client
  • Getting court permission when extending the deadlines in the case affecting his ex-client

When do you need to change your lawyer?

Studying the ethical rules


Just like with the other professionals, lawyers are required to follow certain rules whenever they are representing their clients. Any attorney who has violated these rules should be fired and changed. The ethical rules of conduct include confidentiality, diligence, competence, and safeguarding property.



Looking at your bills

Sometimes you might be uncomfortable or unhappy with the litigation’s cost. Your monthly bills should be looked over. You can get copies from the attorney if you do not have them. It should not have unannounced increases or clerical’s support charges. It is also important to look at the engagement letter. That was signed at the begging of the representation. Any task that is billed as well as the rate charged should be spelled out clearly in details.




Tips for choosing a family law attorney

Family law is quite distinct from other areas of law based on the fact that it is private and affects personal lives of the litigants. Commercial law, property law, Civil law and criminal law are differentiated from Family law because they are litigated publically without adherence to basic moral principles. A family lawyer must exude the highest level of confidentiality that is beyond reproach. Family law entails matters to do with civil unions, marriages, succession, alimony, divorce, surrogacy, child custody arrangement, paternity testing child support and adoption among others. The matrimonial and succession laws of a country govern the dynamics of family law in any given jurisdiction. Therefore the attorney must be conversant with such laws and ensure zealous representation for the benefit of his client.

All factors considered, picking a family lawyer is a momentous task, and therefore you should be mindful of various principles that will determine their suitability. The underlying dynamics considered are listed as follows;

Understand your needs

If the matter in contention is a divorce case, you will have to understand the technicalities of the process. You must comprehend the processes to be followed in contentious and non-contentious divorce matters. Once you have a clear understanding of your issues and the solutions, it will be able to easy to pick a suitable attorney for your case. The components of a case will determine a preference in the gender, age and the specialty of a lawyer. An informed choice will influence the effectiveness, reliability and your trust in the lawyer.


It is probable that your family members or friends have contracted the services of family lawyers in the past. Therefore these class of people would be the obvious point of reference in determining the best leads. You don’t have to disclose the finer details of your case. You should be able to filter information when seeking recommendations in order to maintain privacy. Thereafter, you can make a list of recommendations and schedule consultative meetings.

Availability and reliability

The reliability of an attorney is heavily dependent on whether he is able to make time and scrutinize your case. If the attorney is too busy to meet with you regularly or as agreed then it is feasible to conclude that his unavailability will be of detriment to the success of your case. A good lawyer must be able to make time off his busy schedule to meet and pursue your case zealously.…


How to choose a good lawyer

Lawyers help us understand court proceedings and interpret complicated legal terms. If you have to win a case, the help of a lawyer will be needed in most cases. Different types of cases need a lawyer specialized in that area. You cannot hire a family lawyer to represent you in a traffic related case. Are you in a position to choose the best lawyer if the need of one befalls you? Below are some tips that will help aid you in selecting the best lawyer for your case.

Selecting a lawyer

Qualifications and professionalism

Before hiring a lawyer, ask them for a certificate of qualification from a recognized law school in your state. This way you will be sure that you are not dealing with a quack and the possibilities of winning the case are high. Remember you are hiring and paying the lawyer for their services hence you deserve to get the best.


This is another important consideration. For how long have they being in the field as practicing lawyers. The more the experience, the better the lawyer. In their period of operation, they might have dealt with some cases similar to yours making it easy for them to deal with yours.


You must always look for a lawyer who is a specialist in the field similar to your case. If you have a divorce case, the only person who can help you best is a family lawyer. They have all knowledge and facts related to divorce matters. Chances of winning a case with a specialized lawyer are very high.

Ask for recommendations

Ask around from family, friends, and workmates for referrals to a good lawyer. They might have had the same issue as yours before but overcome it with the help of a good lawyer. One thing with referrals is that clients never refer you to a bad service provider. Word of mouth is powerful in building or destroying the reputation of service providers. Unless you dislike the referred lawyer due to personal reasons, they are always the best to work with.


How much are the lawyers asking to represent you in court? Some lawyers see how desperate you are and decide to take advantage of you. To avoid high rates, seek for charges from at least three lawyers. This will give you an idea of what amount should be paid for a case like yours.…


David Segal

The Campaign:

Public education, wages, affordable housing, and the economic well being of our children continue to languish with the City Council under the control of its current membership. It’s time to vote yourself a seat at the table. David Segal, a Providence educator, wants to make sure your voice is not left out of the debate. With Providence’s child poverty rate the third-highest in the nation, a public education system that is failing Fox Point and College Hill, and politicians unable to pass a living wage, the City Council Democrats are leaving too many of Ward One’s residents behind. David Segal, Green Party candidate for Ward One City Council, will work to make sure that all citizens of Providence benefit from the city’s Renaissance.

About the Candidate:

David Segal is an educator at the Wheeler School on Providence’s East Side. A magna cum laude graduate of Columbia University, he studied mathematics and liberal arts. During his residency in New York he worked as the state Youth Director for John McCain’s campaign for reform. His experience working at ABC’s Nightline, ABC News, PBS, and the Capitol Hill newspaper, The Hill, have given him an intimate knowledge of policy issues. A firm believer in citizen participation, David, through his tenure as Executive Board Member of the Columbia Political Union, has worked on voter registration drives and organized debates and major public speaking engagements. David has also been a columnist for the Columbia Daily Spectator and currently manages the Third Party Watch of zmag.org.

About Ward One and the Providence City Council:

Ward One includes all of Fox Point and much of College Hill, containing most of Brown University and the Rhode Island School of Design. The ward is bordered by Angell Street to the north, India Point Park to the south, the Providence River to the west and the Seekonk River to the east. It was represented by Democrat Robert Clarkin until he resigned recently, leaving it vacant until a new member is chosen in November. There are 15 seats on the City Council; all 14 currently-occupied seats are held by Democrats.

A Green can win in Ward One

It’s to your advantage to register in Rhode Island…