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Foreclosure, divorce, children, debt laws and legal information

The New Federal Law That Affects Real Estate Investors and Tenants

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Are you sure you can issue that eviction notice to a tenant? As an investor, be well versed in the Federal Protecting Tenants at Foreclosure Act before you knock on a door and issue a notice to vacate. As a tenant, be sure you know your rights. An Investor could find themselves in a world of trouble with Housing and Urban Development (HUD) or the Federal Deposit Insurance Corporation (FDIC).

The Federal Protecting Tenants at Foreclosure Act protects the tenant from unlawful eviction. The tenant must be a “bona fide” tenant. “Bona fide” means the tenant pays fair market rent, has no relation to the previous homeowner prior to foreclosure and most importantly, the lease must have been executed prior to the recording of the foreclosure notice.

If the foreclosure occurs and the home is occupied by a tenant, the new owner must honor the existing lease. A written 90-day notice must be presented to the tenant before the expiration of the lease. Until these steps are honored no legal action can be taken. This new Federal Law supersedes any State law.

Let’s look at Scenario 1. An inexperienced investor purchases the home at the foreclosure proceedings. The investors intent is to renovate the home and then sell it as quickly as possible. It is not until after the foreclosure auction, the investor learns the home is occupied with a “bona fide” tenant. The tenant previously signed a two-year lease prior to the foreclosure notice. There is still 14 months remaining on the lease. As long as the tenant does not breach the lease, the investor has to wait 14 months to renovate the home and place it on the market.

The Landlord Tenant Act requires the landlord gives the tenant 30 day notice to vacate. In the above scenario, the Federal Protecting Tenants at Foreclosure Act mandates the investor must issue a 90 day notice to the tenant.

Here is Scenario 2. At the foreclosure proceedings the home was not bid on by an investor. When this happens the home reverts back to the bank or lender. Once the property has reverted back to the bank, they will send a representative to the home to inspect for occupancy status. The bank learns that the home is occupied with a “bona fide” tenant. The Federal law requires the bank follows the same procedures as the investor.

This new law does not apply to someone who purchases the home through foreclosure, if the new owners intent is to occupy the home. The new owner is not required to honor the tenants lease but must give a 90-day notice to vacate.

The investor or bank has no way of knowing if a home has a bona fide tenant prior to a foreclosure proceeding. It is important the investor or bank is aware of the ramifications and potential delays as set forth in the Federal Protecting Tenants at Foreclosure Act.

Business Credit Card Debt Relief Using Federal Law to Get Whatever You Need

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Small business credit card debt relief is available using federal law to stop and defeat collection activities against you or your company. Threats of lawsuits against your business should be welcomed because most debt collection companies and their attorneys don’t have a clue of what’s in store when they encounter a knowledgeable business owner.

For far too long ignorance of federal laws concerning debt collections has been used by some of the largest legal firms in the United States to run over people and small businesses to illegally take their money. Attorneys show up in court with nothing more than a name, address and the alleged amount owed. It is extremely rare for anyone to fight the system.

There are two commonly used methods to collect alleged debt from people or businesses. First the feared debt collection phone call which is easily defeated with a simple recording device. Victims of abusive calls can easily take money from the callers and the companies they work for. Secondly the collection notice that goes unanswered is used as a court document showing the person or business did not bother with a response and therefore owes the debt.

This is the pathetic state of affairs businesses face in the collection industries. Knowing just a few of the simplest things can lead to the case being dismissed if it ever gets to court. And properly answering a collection call can be worth astronomical amounts of money when played to a jury. It all stems from believing you owe and are therefore guilty. If you have a few moments you can learn the truth.

To understand the nature of credit card debt use the search term “the gig is up – money, the Federal Reserve and you” for a mind-boggling ride through history that will leave you in a state of shock. This video seminar was presented at the University Of Colorado School Of Law.

Business card debt is easily handled not by paying the account but by choosing not to pay the account at all which is a constitutional legal right. It all began when banks decided to throw money away like it was nothing which ended up with Congress debating about outlawing cards altogether. Use the search term “the Chicago debacle” to read about this absolutely amazing fraudulent scheme the banks came up with.

Congress countered this card scheme by writing the Fair Debt Collection Practices Act so if you decided not to pay there were legal actions you can take against collectors to make them end up paying you. Many business owners are aware of the Practices Act and believe it only works for people but not a business.

The Act works equally well for any business and here are just a few reasons why. Many business owners cosign card applications when their small corporations have no credit. Suppose you used a couple of corporate cards to buy a company vehicle and registered it in the business name. It’s an easy matter to put a lien on the vehicle because your cosigner status on the card makes you the individual the financing company.

Another reason is a corporate (paper) entity cannot speak so any collection call attempting to collect money from the business is answered by a live person who does have rights under the Collections Act. An abusive collections call where a collector is cursing a Corporation is indistinguishable from cursing the person the collector is talking to.

Now that you understand there is no difference between abuses against a company or individual it’s time to see what constitutes a violation. You can use the search term “FTC debt video” to see a sprinkling of violations. Collection calls must be recorded as legal proof of a violation.

When answering a collection call it is extremely important to give the collector no information whatsoever other than your name and the business name. Never acknowledge a debt in any way. It’s up to them to legally prove the business owes and not for you to prove the business doesn’t owe.

Never forget the collections industry operates just as fraudulently as do card companies. Collectors are nothing more than telemarketers trying to get a business to send them money. It is easy to reverse this process and have the collectors sending the business money instead.

Collection calls for people carry a 90% violation rate according to recent studies so you can reasonably assume that business violations are very close. But it’s an easy matter to make your violation rate 100%. Get all contact information from the collector and say something like the company’s been waiting to find out how much it owes so we can send you a check.

You’ll hear disbelief in the collectors’ voice as he genuinely believes he’s found a willing victim. Then say something like I’m sorry Mr. Collector, the company has a disapproved list of frauds to never pay and you’re at the top of the list. Get ready for multiple violations. Playing your recordings for his supervisor will get the account marked paid as agreed and playing it to a jury will become a windfall of cash.

Written collection notices need only be answered with a demand for proof of debt and signed by the owner or company president. Because collectors have no proof they will sell your information to another collector and the entire process will start again with the harassing calls. You’ll have another chance for big winnings when the cycle starts again. Your company could go through four or five cycles until the lowest of the junk debt buyers realizes is he’s been had.

Business credit card debt relief is easily obtained using federal law and you should never fear being attacked by the biggest law firms in the US. Any attorney that engages in the business of collecting a debt is by legal definition nothing more than a debt collector and some of the biggest collections lawsuits have been filed against them. They are unable to function in the real world so their practice is just as fraudulent as the card companies.

Federal Law Enforcement Agencies

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The united states federal government maintains numerous law enforcement agencies throughout it’s many departments with a myriad of roles and responsibilities. Some of the more well known federal law enforcement agencies are the Federal Bureau of Investigation (FBI), The United States Marshal’s service (USMS) and the United States Secret Service (USSS). Each of these federal agencies has very different roles and responsibilities within the law enforcement community. There are several dozen federal agencies in existence and their responsibilities run the gamut from static protection of federal lands and buildings to proactive patrol, protection and investigations.

Federal law enforcement agencies are able to enforce both federal as well as state laws throughout the united states and possess full police powers granted to them under the United States Code. Most law enforcement officers employed by federal agencies are not referred to as police officers but are officially designated as ‘Special Agents’. Many federal agencies maintain both plain clothes as well as a uniformed division, one well known example of this is the United States Secret Service. Although many in the public are familiar with the neat, well dressed men and women who they see shadowing the president of the united states where ever he goes and speaking frequently in to their coat sleeves, what many people don’t know is that there is also a uniformed division that is responsible for protecting the White House, the US vice presidents official home in Washington as well as protecting foreign diplomatic missions in the Washington DC federal district.

Becoming a member of a federal agency can be a long and involved undertaking. The hiring process can take up to a year or longer in some cases and includes written and physical tests as well as a stringent background investigation. The hiring process typically will include a psychological test and interview as well as a polygraph examination. Failure in any one of the phases of testing during the hiring process results in the applicant being removed from further consideration. Once an applicant has passed all phases of the hiring process and has been approved for hire, they will be placed on an eligible list of applicants. At which point they may be sent to Gynco, Georgia to be trained at the Federal Training Center located there or at one of the satellite facilities.

Becoming a federal officer with a federal law enforcement agency can be a grueling and time consuming process, but the variety of assignments and travel available in federal law enforcement as compared to a typical municipal or even a state agency, make the effort well worth it.