Foreclosure

Foreclosure is a legal process that results from a borrower defaulting on their mortgage payments. In this process, the lender attempts to get the rest of their money by selling the property set as collateral (usually a house).

Types of foreclosure

1. Judicial foreclosure
This involves selling of the mortgaged property and using the proceeds to pay the mortgage. This is all done under the supervision of a court and is usually initiated by the lender.

2. Non-judicial foreclosure

Non-judicial foreclosure is only applicable when there is a power of sale clause in the mortgage or deed of trust used. This makes it possible for the lender to sell the property once the borrower defaults without the supervision of any court.

3. Strict foreclosure

This type of foreclosure is rarer than the previously mentioned ones. It is only available in a few states and involves a court case. If the lender wins the court case, they are given the right to seize the collateral property without being obliged to sell it. It is usually applicable when the value of the debt is higher than that of the property.

The foreclosure process
Although the process of foreclosure varies from state to state, it usually starts when a borrower is unable to make their mortgage payments for a period of six to eight months. At this point, the lender has the right to file what is known as a Notice of Default at the county recorder’s office.

At this point, the borrower is granted a grace period known as pre-foreclosure. This gives them a period of about 30 to 120 days to clear their payments. Failure to do so leads to seizing of the collateral property and its auctioning.
Reasons why a borrower would opt to stop their mortgage payments

Apart from obvious financial difficulty, there are other reasons someone may default on their mortgage payments. For instance, the borrower may be tired of managing the property. Also, they may discover that the property’s value has decreased to a level that it is lower than that of the mortgage.

The right of redemption
In some states, it is possible to get back property that has been foreclosed. This is through what is known as the right of redemption. This involves paying the lender all that you owe them or paying the new owner of the property the price which they paid for it.

Another way of dealing with foreclosure is to issue a claim against the lender and sue for damages.

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source http://www.rickzimmer.com/foreclosure/

Employment Lawyers

These are lawyers that deal with cases involving workplace disputes. They can be hired by either an employer or an employee and are specialized in employment laws. They help employees that feel that they have been wrongfully terminated, mistreated, have been denied their wages or feel that their employment contract has been breached somehow.

They also help employees who are being coerced to sign agreements that they do not fully understand. In the case of employers, these lawyers represent them in cases where an employee files a suit against them involving wrongful termination, discrimination or harassment amongst other claims.

Employers who do not have a good grasp of their state employment laws could also benefit from this kind of lawyer. Apart from legal representation during actual court proceedings, these lawyers also represent employers during proceedings due to filing of claims or complaints.
It is advisable that employers should have employment lawyers that check the legality of their decisions such as employment classifications. Also having a lawyer look through any company contracts, agreements, policies and employee handbooks is highly advisable. This helps to avoid any potential risks, therefore, protecting the employer.

Advantages of hiring an employment lawyer
If you are an employee having a dispute with your employer or former employer, only an employment lawyer can help you. This is because you are not as informed about employment laws and stipulated time frames for the process of filing the complaint as the lawyer is.

Your lawyer will easily explain to you the rules and regulations in layman’s language. The lawyer will also save you from going through confrontational situations with your boss. Additionally, chances are that your employer or former employer will take you a whole lot more seriously once they discover that you have adequate representation.

In the case of employers, hiring an employment lawyer always ensures that all your contracts and agreements have your best interests in mind and it also protects you from potential future conflicts.

Finding an employment lawyer
The most common way to find an employment lawyer is through referrals either by friends or other lawyers, or by contacting The Rick Zimmer Law Firm! Checking out local bar associations is also a great way to find one. Once you find one, always make sure to find out how much the services cost and what kind of payment plan the lawyer offers in advance. 

The cost usually varies depending on where you live. The payment plan may be hourly, in monetary advance or on contingency. Payment on contingency refers to when the lawyer agrees that you pay him no money up front on the condition that you will pay him a certain percentage if you win the case.

This is usually common where the lawyer views a high chance of winning. Whatever the agreed upon payment plan, you’re bound to find the services invaluable.

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source http://www.rickzimmer.com/employment-lawyers/

Conflict of Interest

In the practice of law, a conflict of interest occurs in the event that a lawyer is at a risk of not acting in the best interest of his or her client due to personal issues or because their loyalties lie elsewhere.

Classic conflicts of interests include when a lawyer is hired by a client who is a major competitor to a client who already has the lawyer on retainer or when a lawyer is hired to sue the company where his wife works.

The examples are endless but the concept is the same. Loyalty is key. Every lawyer will at one point or another encounter conflicts of interest and must learn how to keep these conflicts from interfering with the successful running of the law firm.

How to avoid conflicts of interest
There are several ways to avoid landing in this situation. As a lawyer, you should always conduct extensive research on any potential client that approaches your firm. You should conduct a thorough background check to uncover any hidden links to present clients. You will need a reliable electronic database to do this.

It would also do you well to separate your professional and personal life. It is highly unadvisable to date anyone even remotely linked to your client or the case. Even just the appearance of a relationship is reasonable cause.

Clear and open dialogue is also a key way of finding out early and avoiding any future conflicts of interests. A law firm should also be clear on what type of clients they want so that they can stay clear on any clients that may be competition to their desired clientele.

Dealing with conflicts of interest
In some cases, a lawyer can still represent a client despite there being a conflict of interest. Most conflicts can be waived, but that will need the lawyer to acquire consent form the clients. It is, however, important to note that just because a conflict can be waived doesn’t make it a good idea to do so.

Getting consent from clients will require the lawyer to give the clients sufficient information without breaking anyone’s trust. This consent has to be in writing. However, a lawyer cannot represent two clients on opposing sides of the same case or a related one.
Eventually, it is up to the lawyer in question to decide when it is appropriate to remove themselves from the case and when it is appropriate to carry on.

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source http://www.rickzimmer.com/conflict-of-interest/