How foreclosure procedures work, in both judicial and nonjudicial foreclosure states. Foreclosure happens when you fall behind on your house payments and your lender uses state procedures to sell your house. Foreclosure works differently in different states. In some states, the lender has to file a lawsuit to foreclose (judicial foreclosure), while in others, it…

Learn what it can mean to be separated instead of divorced. Many people are confused about what is meant by “separated” — and it’s no wonder, given that there are four different kinds of separations. However, how a couple is separated can have important affects on property ownership: Trial separation. When a couple lives apart…

Challenge a foreclosure by bringing a defense such as unconscionability or lender mistake. // // ]]>Until recently, successful defenses against foreclosure were relatively rare. But that is changing rapidly — more homeowners are successfully challenging foreclosure actions. This sea change is due, in large part, to the unearthing of more and more evidence that the…

Regularly, we notice that there is no continuity in how landlords and property managers draft or serve a Three-Day Notice to Quit for failure to pay rent on a tenant.  Some post the Notice on the tenant’s door.  Others post the Notice on the door and mail a copy to the tenant.  Then there are…

Legal and financial matters to consider when caring for an elder. // // ]]> As Americans live increasingly longer lives, many require ongoing, long-term care. This care often falls to grown children — men and women who are in their forties, fifties, and sixties and busy with careers or perhaps children of their own. Getting…

What to do if you suspect a senior is being abused in a nursing home. Nursing homes are a place where seniors and the elderly should be safe. Unfortunately, a significant number of nursing homes abuse their residents in some way — from physical abuse to stealing money to illegally restricting activity (false imprisonment). If…

Establishing paternity is a critical step towards collecting child support. Determining the answer to the seemingly simple question “Who is the father?” is not as straightforward as you might think. Different circumstances give rise to different legal rules. When Paternity Is Agreed On or Presumed Acknowledged father. An acknowledged father is a biological father of…

After you file for bankruptcy, the automatic stay offers potent legal protection against bill collectors. When you file for bankruptcy, something called the automatic stay immediately stops any lawsuit filed against you and most actions against your property by a creditor, collection agency, or government entity. Especially if you are at risk of being evicted,…

It’s rare, but courts can toss out a will if it doesn’t meet certain requirements. // // ]]> Will challenges are very unusual — by one estimate, about 99% of wills sail through probate without a hitch — but they do happen. If a will doesn’t fulfill certain legal requirements, or the maker of the…

Not sure whether to incorporate your nonprofit? Here’s some information to help you decide. If you’re involved in a fledgling nonprofit organization, you and the other folks active in the group have probably wondered whether or not you should incorporate. Becoming a nonprofit corporation requires some paperwork, but for many groups, the benefits of nonprofit…

The Americans With Disabilities Act (ADA) protects employees from discrimination based on a disability. The Americans With Disabilities Act (ADA) prohibits employers from discriminating against employees or applicants with disabilities in all aspects of employment including hiring, pay, promotion, firing, and more. It also protects employees from retaliation when they enforce their rights under the…

Learn about the different ways you can adopt a child. There are quite a few different ways to bring a child into your life, or confirm your legal relationship with one, through adoption. Here’s the lowdown on the different ways that adoption can work. (To learn more about the procedures of adoption, see Adoption Procedures.)…

Here’s how to help an elderly loved one make a financial or medical power of attorney. Powers of attorney can bring peace of mind to both elders and their caretakers. Powers of attorney allow elders to empower a trusted person to make decisions about health care and fiances on their behalf. Having such powers in…

Lawyers are finally recognizing that some clients need just a little help. Ten years ago, trying to find a lawyer who would help you find your own way through the legal system was next to impossible. This is because, traditionally, attorneys have either taken on overall responsibility for a client’s case or declined to get…

Analyze whether a sole proprietorship, partnership, LLC, or corporation is still the right fit for your business. Many businesses start out as sole proprietorships or partnerships because they are the simplest to form. That may have been fine when your business first opened its doors, but it pays to check in and see if your…