The Homeowners Protection Act (HPA), also known as the PMI Cancellation Act, is a 1998 federal law that affords homeowners certain protections when canceling private mortgage insurance (PMI). It also creates other regulations related to the lending process. The HPA only covers private loans and does not regulate government-backed loans, such as VA loans. For people who take private loans, many of them are required or opt to purchase PMI, only to find out that they no longer need it later on. The HPA provides regulation in the process of purchasing and canceling PMI so that homeowners can avoid paying these unnecessary costs.
PMI is typically only required when a home buyer plans to pay less than the standard 20% upfront. This makes lending to those who cannot afford the high initial costs a lot less risky and more worthwhile to do. Paying for PMI can come in many forms, including paying an extra monthly premium on the mortgage, paying a 1-time sum at the beginning of the mortgage, or raising interest rates on the loan. No matter how the buyer chooses to pay, all forms of PMI are subject to HPA regulation.
Before the passage of the HPA, many lenders would make their customers aware that PMI is not required for the entire duration of the loan, yet there were difficulties for homeowners when trying to cancel it, many of whom were ignorant to the fact that they could do so. The HPA made it so lenders must do the following regarding PMI:
The HPA makes it so nearly all homeowners can cancel their PMI once the loan-to-value (LTV) reaches 80%, meaning that their equity must reach 20%. You can send a written request to your lender once you reach this number, and they are legally required to cancel your PMI barring other extenuating circumstances. Once the LTV reaches 78% your lender is legally required to cancel your PMI automatically, even if you have not requested it. It is generally a good idea to keep track of the equity you have accrued and cancel PMI at 80%, not just because you are losing out on money, but because there are circumstances where the lender may be able to charge PMI past 78% LTV. For example, liens on your property may allow a lender to keep charging PMI. https://youtu.be/wpuQaj4rdg8
Yes, under Health and Safety Code 11162.5, it is a crime to make or possess counterfeit prescription blanks for a controlled substance.
Controlled substance for purposes of Health and Safety Code 11162.5 is defined as those drugs or chemicals whose manufacture, possession, and use are regulated by the government under the United States “Controlled Substances Act.”
Under the code, counterfeit is defined as making an exact imitation of the prescription blank, pad, or form with the specific intent to use that prescription blank to defraud or deceive. These prescription blanks, pads, or forms are those that a physician or other medical practitioner who has the authority to prescribe medication typically uses when ordering or otherwise authorizing a prescription for a controlled substance.
Construction site accidents are fairly common. An injured victim may either file an insurance claim with the at-fault party's insurance carrier and/or a personal injury lawsuit against the at-fault party.
The plaintiff must be able to prove the following elements to establish negligence in a construction accident case:
In some cases, property owners are liable for the occurred accident on their property. According to CACI 1000 in a premises liability lawsuit, the plaintiff must be able to establish the following elements:
Under Penal Code 246, it is a crime in California to shoot at a house, apartment, building, camper, or any other dwelling or vehicle where there are individuals inside.
No, in order to violate Penal Code 246, the individual has to willfully and maliciously shoot the firearm.
For purposes of Penal Code 246, an individual must have the intent to do a wrongful act with the intent to injure, disturb, or otherwise harm another individual.
For purposes of Penal Code 246, an inhabited dwelling is considered any house or building if an individual lives inside the house or building. It is important to note that for purposes of Penal Code 246, it is not necessary that an individual was in fact inside the house or building at the time of the shooting. Thus, it is only necessary that an individual uses the house or building as a dwelling for purposes of Penal Code 246.
According to California Penal Code Section 466, it is prohibited to possess certain tools that experience by law enforcement has shown to be instruments frequently used by thieves for breaking into a home, car, or another structure. It is not unlawful to possess these tools as long as there is no evidence to show criminal intent.
Penal Code 466 lists over 15 kinds of tools that are frequently used to break into any railroad car, building, trailer coach, aircraft, vessel, or vehicle.
Yes, under Penal Code 171(b), it is a crime in California for an individual to bring or possess weapons into a public building and meetings that are open to the public.
Under the PC 171(b), it is a crime to carry the following into a public building or meetings that are open to the public:
Most people's largest purchase in their lives is a real estate property. To safeguard your interests as a buyer or seller, it is critical to ensure that the conditions of your transaction are appropriately drafted. By taking the right steps forward into such a purchase, the results will be easier to overcome. In some states, real estate closings need the presence or involvement of an attorney. Many people make the rational choice to hire a lawyer to assist them. A lawyer's purpose is to guide the sale or purchase of the property efficiently. Spending money on a real estate attorney is generally worthwhile. It is not needed in most states, however.
KAASS Law firm may be able to help you with the list provided below.
We are completely dedicated to building a case that is at our clients' greatest advantage. Furthermore, our considerable competence allows us to approach our cases with confidence, intelligence, and skill. This is the case for both in negotiations and in court. Within the legal and business areas, the firm has gained and maintained a strong reputation. We offer guidance and counseling on corporate compliance and personnel matters. We normally recommend estate plans for individual clients. This allows them to be advised on the formulation and implementation of a wide range of estate plans. This varies from the most simple to the most complex. Keep in mind, it is important to hire an attorney early on in the transaction. An attorney will be able to guide you through the process and ensure that every decision is the right decision for you. It is possible to agree to conditions that aren't in your best interests or result in an unanticipated outcome without an attorney's knowledge. It may be difficult to completely comprehend the requirements of completing a real estate transaction without such guidance. Certainly, consider your time and extra efforts. Hiring an attorney will be a great decision to successfully complete a real estate transaction. Our team, your trusted attorneys, deal with the heavy work while you are able to take it easy and watch your transaction effortlessly move forward.
While purchasing a home in California can be an exciting experience for some, oftentimes disputes in real estate transactions do occur both during and after closing. There are steps both buyers and sellers can take to attempt to avoid purchase contract disputes.
A buyer can protect themselves by taking additional measures prior to the real estate purchase, including:
To begin, let’s get familiar with disputes. A dispute is another word for disagreement. Questioning a lead or if a claim is true is a dispute. Disputes take place between two opposing parties regarding legal issues due to the fact that an agreement has not been concluded. Now that we know more about disputes, we can further our knowledge into an understanding of purchase and sale disputes.
Disputes can emerge when more than one individual owns a piece of property. When co-owners are unable or unwilling to decide what to do with their real estate, the process of buying out the owners or selling the property and distributing the proceeds can be extremely complicated. A partition action may be the best way to resolve a real estate dispute amongst co-owners.
There are many reasons for partition actions to take place. They all originate from multiple owners claiming ownership of the same piece of real estate. For instance, let's say two people co-own a property. One of them does not want to co-own the property anymore. This results in a partition action. There are two types of partition actions: partition in kind and partition by sale.
Physical borders divide the land amongst co-owners. This divides the property into smaller, personalized portions, each held by a single person, rather than one large piece co-owned by numerous persons. In California, the courts may mandate a partition in kind as one option to resolve a partition case. This leaves each individual with an independent ownership share of the property. When California courts mandate partition in kind, they must award each co-owner an "equitable portion" of the property. Each co-owner gets a fair division of land. For instance, if a court divides a 10-acre plot of land between two co-owners, the court will not automatically give each of the five acres. This problem develops when one part of the land is more valuable than the rest due to its closeness to a road, a beach, or other land feature.
Yes, it is a crime in California to knowingly report a false emergency under Penal Code 148.3. Namely, it is a crime to make a report or cause a report to be made to any city, county, city, or state department, district, agency, division, commission, or board, that an emergency exists when in reality an emergency does not exist.
For purposes of making a false report of an emergency, an emergency includes any condition that does, or could result in, the response of any public official to any condition that can jeopardize public safety, evacuation of an area, or activates AMBER alert.
Penalties for making a false report of an emergency may include being charged with a misdemeanor with up to one year in county jail and a maximum fine of $1,000.
Here are some examples that would likely result in making a false report of an emergency:
The penalties associated with violating this code can be prosecuted as either a misdemeanor or felony and is therefore considered a wobbler offense. Potential penalties for a misdemeanor Health and Safety Code 11162.5 conviction including up to one year in county jail as well as paying fines of up to $1,000. Potential penalties for a felony Health and Safety Code 11162.5 conviction include sixteen (16) months, two years, or three years in county jail.
The number of counterfeit prescription blanks is typically what determines whether the violation will be charged as a misdemeanor or felony. For example, if the individual has three or fewer counterfeit prescription blanks, the violation would likely be charged as a misdemeanor. On the other hand, should the individual possess more than three, the violation will likely be charged as a felony.
If you or someone you know has been charged with violation of Health and Safety Code 11162.5, please contact KAASS LAW today at (310) 943-1171 to speak to our criminal defense attorneys for a free consultation.
Under California products liability laws, whoever sells designs, or manufactures a defective product is liable for caused injuries. According to CACI 1200, the following types of defects can be involved in product defect claims involve:
A product liability lawyer near you should be able to provide you with additional information.
There are a handful of parties that can be held responsible for construction accidents, which include:
Even if the injured person is partially liable for the accident, he can still file a lawsuit against others who were also at fault. According to CACI 405 an injured victim can still recover damages regardless of his percentage of fault, however, the plaintiff’s damages award will be reduced by the proportion of negligence.
People injured at construction sites can suffer different types of injuries, including:
Under California law, a plaintiff must file a lawsuit within a two–year period from the date of sustaining a construction accident injury.
In a successful claim, the plaintiff is entitled to compensatory damages, including economic and non-economic damages.
Recoverable economic damages in a construction accident include:
Recoverable non-economic damages in a construction accident include:
In case the defendant’s acted with malice, extreme recklessness, intentional or fraud, or oppression the plaintiff can also be entitled to punitive damages.
If you or a loved one has suffered an injury in a construction accident we invite you to contact our Glendale Personal injury attorney KAASS LAW at (310) 943-1171 for a free consultation and case review.
Similarly, as to an inhabited dwelling, an occupied vehicle is considered any vehicle such as a car or camper where an individual lives inside of the vehicle. Again, the individual does not necessarily have to have been home at the time of the shooting, just that the individual uses the vehicle as a place to dwell in.
Penal Code 246 is prosecuted as a felony, where an individual can face penalties including:
However, an individual can face harsher penalties if the victim suffers great bodily injury or in fact dies. Great bodily injury is defined as a significant or substantial physical injury such as breaking a bone or suffering from a gunshot wound.
If you or someone you know is facing charges of Penal Code 246, please contact KAASS LAW at (310)943.1171 to speak to an experienced criminal defense attorney for a free consultation.
The prosecutor must establish the following elements to convict the defendant of possession of burglary tools:
For being charged with possession of burglary tools there must be evidence showing that the defendant not only possessed them, but he also had criminal intent to use them to carry out a burglary. When considering all factors, everything that has been gathered gets taken into account, including physical evidence, witness testimony, and what happened when the defendant was arrested. The intent may be established in case all steps were taken to possibly complete the crime. Intent can be established through what the defendant was wearing at that time, what type of structure he was in when arrested, the hour of the day, types of tools he possessed, and statements he made before the crime.
For being convicted under PC Section 466 it is not enough to have the mentioned above tools in possession or even to alter or make the listed tools. The crime happens when a defendant possesses one or more tools and intends to unlawfully break into a rail car, structure, vessel, or vehicle. In case the defendant didn’t intend to unlawfully enter a vehicle or structure to commit a crime, he can’t be convicted of this crime.
The defendant should not be convicted of possessing burglary tools in case he wasn’t aware that the tools were used or were to be used in a crime of burglary.
All search and seizure operations must be carried out within the boundaries of the law. In case the tools were found during an unlawful search, the defendant may be able to have evidence obtained during the search kept out of court. That can lead to acquittal or dismissal. There are various factors involved that can determine whether a search was lawful or unlawful.
In California possession of burglary tools is a misdemeanor offense with the following penalties:
If you or a loved one has been charged with possession of burglary tools, you should immediately contact an experienced criminal defense attorney today at (310) 943-1171 for a free consultation and case review.
This penal code can be prosecuted as either a felony or misdemeanor and is therefore considered a wobbler. If charged as a misdemeanor, the misconduct is punishable by up to one year in county jail. If charged as a felony, an individual can face imprisonment of either 16 months, 2 years, or 3 years.
A building owned or leased by the state or local government where public employees regularly are present to perform their official duties is considered a public building. An example of a public building is a courthouse.
Yes, there are several exceptions under Penal Code 171(b), which are as follows:
If you or someone you know is being charged with Penal Code 171(b), call KAASS LAW today and speak to an experienced criminal defense attorney today at (310) 943.1171.
KAASS Law's team can help you understand and plan for the tax implications of buying or selling real estate because of our extensive legal knowledge. Our lawyers will ensure a seamless transaction and provide fair solutions to any complications that arise. This may include buying, financing, selling, or leasing. Consult an experienced real estate attorney before committing significant time and money to a real estate transaction or enterprise. With whatever complexity of your transaction, KAASS Law's legal team will ensure that your rights and best interests are put forward. Give our office a call today at 310-943-1171. Ensure of a smooth transaction for your next real estate transaction. https://youtu.be/KHeVDzcvShc
Most real estate purchase and sale contracts have conditions, which the buyer must remove in writing and notify the escrow holder before the transaction becomes final. Inspection and/or financing contingencies are examples of contingencies. This process is known as deleting or waiving contingencies.
A breach of contract takes place when the seller cancels the deal after the buyer has waived all contingencies. For example, a seller cannot back out of a property sale just because they don't want to sell the property or because another offer to acquire the property appears to be greater than the original offer. In these cases, the buyer can attempt to enforce the purchase agreement. If a buyer refuses to complete a transaction without reason, the seller can seek damages through mediation, arbitration, or via lawsuit. Damages are not always straightforward, and the seller has a responsibility to try to reduce losses by selling the property to another party.
Each situation between parties may be different. Attorney’s normally deal with dispute cases. It is in the attorney’s best interest for the legal process of litigation to go smoothly.
Dispute Resolution System (DRS) is used to solve disputes, hence in the name. DRS uses few methods without the interference of a third party. Steps to prevent and resolve such disputes come as follows:
It will benefit both the buyer and seller to be able to mediate and arbitrate problems prior to a real estate transaction with a purchase contract agreement. By preventing future issues during the transaction process, transactions will be more organized and completed quickly.
During a real estate transaction, things may get difficult to navigate during the process. Considering hiring an attorney will put you at ease. By doing so, navigating through documents, resolving disputes, and making intelligent decisions will work in your favor. The benefits of the transaction results will follow through in a blink of an eye.
If you or someone you know is in a real estate purchase or sale dispute we invite you to contact our office at (310) 943-1171 for a free consultation with a Los Angeles real estate attorney.
When partitioning a property in-kind isn't possible, the court may order a partition by sale. This entails selling the property and dividing the earnings among the owners. The proceeds must be split equally and fairly amongst owners, just as they must be divided in kind. The entire property is sold as one piece of land in a partition by sale. When a division in kind isn't possible due to the structure of the real estate, a partition by sale proceeds. The court must evaluate the form of tenancy for the land and whether any exceptional conditions exist that would result in one co-owner receiving a bigger share of the sale. A partition by sale has a real estate attorney handling all of the discussions and court appearances for you as a co-owner. In effect, this minimizes problems. Previously, California courts favored partition in kind over partition by sale. The courts would only impose partition by sale in exceptional circumstances. Partition by sale has been more widespread in recent decades. Co-owning real estate is common. To be precise, it is particularly in urban or developed areas. If one or more co-owners object to a disputed property being sold, the court may allow them to buy out the shares of the co-owner who filed the partition action. This averts a forced sale.
Have you been involved in a real estate dispute? Do you co-own a property? A partition action may be applicable for you. Schedule a consultation to discuss your real estate matter. Contact KAASS Law Firm today at 310.943.1171.
Yes, there are instances where making a false report of an emergency can be charged as a felony should the false alarm result in someone suffering great bodily injury or death.
Great bodily injury is determined by how severe the injury to the person is. Thus, the following factors are typically considered:
Have you or someone you know has been charged with making a false report of an emergency? If so, experienced attorneys at KAASS Law are here to help protect your rights. Get in touch with us to go over the details of your case by contacting (310) 943-1171