How Do I Prepare For A DUI Court?

If you are being charged with DUI, your next course of action is to prepare for the criminal court process. A conviction for DUI can impact your career, your finances and your entire life. If you want to prevent DUI charges from ruining your life, you need to contact an experienced DUI attorney immediately to begin preparing for your DUI hearing. Furthermore, you will be taken to the police station and booked. After being booked, you will have to attend one or more hearings in front of a judge. In order to prepare for the hearings, you should understand the purpose of the hearing and what the state needs to prove. Proper preparation often requires the assistance of a lawyer.

A DUI defense attorney can help you take the following steps so you have the best chance at obtaining a favorable outcome in your case…
• Decide What Plea You Want to Enter: At an arraignment, you will formally enter your plea. Your plea will determine the next step in your case. If you plead guilty or no contest, the next step will be sentencing. If you plead not guilty, you will be able to test the evidence and challenge the prosecution. It is imperative that you discuss this with your DUI defense attorney before deciding on what plea to make. An attorney can review the facts of your case to help you determine the best course of action.
• Know Why You Were Pulled Over: In order to pull you over on suspicion of DUI, an officer needs to have reasonable suspicion. This usually means the officer witnessed you disobeying traffic laws or you were involved in a car accident. If neither of those circumstances occurred, law enforcement may not have had reasonable suspicion to pull you over.
• Write Down the Events of Your Case: Your recollection of the events of your case is key. In addition to the moments leading up to when an officer pulled you over, you need to remember what the officer said and did after pulling you over. Writing down these events while they are fresh in your mind will ensure you do not forget any details and will help expose any police misconduct.
• Have Documents and Other Evidence Prepared For Your Defense: The prosecution will be prepared with a written report from the arresting officer, the results of your blood sample and/or Breathalyzer tests, and all other evidence. You need to work with your defense attorney to obtain the necessary documents and evidence. If there were any passengers in your vehicle, they can provide testimony. If you have medical issues that could have affected the results of your blood-alcohol test or how you performed on field sobriety tests, you will need to provide documentation to your attorney. A knowledgeable attorney will help you determine what documents you will need to provide in order to obtain the best possible result in your case..
• Be Emotionally and Financially Prepared for the Outcome: No matter what happens in your case, you should be prepared to handle the consequences of a DUI conviction. A first-time DUI conviction is punishable by up to six months in county jail and fines of up to $1,000. The DMV will also suspend your driver’s license for up to six months.3
• Understanding DUI Hearings: Identify which hearing you are attending. Generally, you will appear in court several times for your DUI (unless you plead guilty). Each hearing will be different. At the arraignment you will appear before a judge, who will read the criminal charges against you. You will be asked if you need an attorney. If you cannot afford one, then you will need to apply to see if you are eligible for a court-appointed lawyer. At the arraignment, you will also enter your plead not guilty, guilty, or no contest. The judge will also decide whether to change the bail amount or release you on your own recognizance. After pleading “not guilty,” you will appear before the judge with the prosecutor. The prosecutor must convince the judge that there is “probable cause” to believe that you are guilty of DUI. The prosecutor can call witnesses. You may then cross-examine the witnesses. Not every state holds preliminary hearings. During a trial, the state and the defendant will choose a jury, deliver opening statements, present witnesses, and deliver closing arguments. The jury is then charged with their instructions and they retire to deliberate.

• Understand what the state must prove: At the arraignment, the state does not have to prove anything. However, at subsequent hearings, the state has certain burdens of proof that it must meet. The burden to convict you at trial is higher than the burden at the preliminary hearing. At the preliminary hearing, the state must present sufficient evidence to convince a judge that there is probable cause that you committed a DUI. If the state does not meet this burden, then the case is dismissed. At trial, the state must prove that you are “guilty beyond a reasonable doubt. This is a higher standard than probable cause. It generally means that the jury must be “firmly convinced” of your guilt.
• Meet with a lawyer. You should discuss whether or not you want to plead guilty at the arraignment. If you do, then you will avoid both the preliminary hearing and the trial. Instead, you will be sentenced for the crime. An experienced DUI attorney can help you consider your options. To find a DUI attorney, you can ask any friends or family who have been charged with DUI. Ask if they would recommend their lawyer. If you have no leads, then you can contact your state’s bar association, which should run a referral program. If you are indigent and do not have the funds available to hire an attorney, you may be eligible for a public defender. If your state classifies a DUI as a criminal offense (either a misdemeanor or felony), you will be able to get a public defender so long as you qualify. If your state classifies a DUI as a civil forfeiture case (i.e., not criminal in nature), you may not be able to get a public defender. To see if you are eligible, you will usually go to your county’s public defender office and fill out an application.
• Understand when to plead guilty: There’s nothing to be gained by fighting a DUI charge if you are actually guilty and the state has proof, such as results from a breathalyzer. In that situation, pleading guilty might be the only feasible option.
• Discuss the likely punishment with your lawyer: States have different penalties for DUI. Generally, all states will impose large fines and could also imprison you for up to six months in jail. If this is your first offense, however, you will likely get a lighter sentence. You might serve a few days in jail and have your license suspended for a year. If this is not your first DUI, then the judge will look closely at the facts of your case. Typically, the more you were over the Blood Alcohol Content minimum, the stiffer the sentence.

• Research drug or alcohol classes to attend: To shorten your sentence, you will probably need to attend drug or alcohol rehabilitation courses, like Alcoholics Anonymous (AA). You can show that you are serious about rehabilitating yourself by volunteering to take a class.
• Dress appropriately: You want to look neat and clean when you appear in front of the judge. You need to remember that the judge is looking down on you to see if you are likely to commit an offense again. You should present a “pulled together” image to the judge that conveys you can get your life in order. Men should wear long pants with a tucked-in collared shirt. Wear shoes and socks, and make sure that your clothes are pressed and clean. If you have a tie and sports coat, then wear those with your dress shirt. Women should wear slacks or a skirt with a nice blouse or sweater. You can also wear a dress provided it is not too provocative. Opt for flats or shoes with a short heel.
• Contact a bail bondsman: You should be prepared to post bail at your arraignment. If you are unprepared, then you will have to go to jail until you can get sufficient bail. Accordingly, you should contact a bail bondsman before your arraignment.
• Preserve evidence: If you decide to fight the DUI charge, then you will need to make sure that you preserve all evidence of the incident. For example, if you did a field sobriety test, then police could have video of it. Generally, police will only preserve evidence for 90 days. After that, they will destroy it. To preserve any evidence that the police department has, you should send a letter to the police department requesting that the video be preserved. Send the letter certified mail, return receipt requested so that you will know that the department received it.
• Request the police report: To prepare for trial, you will want a copy of the police report. The report should contain all of the information the officer took down about you during the arrest. You can make the request by sending a letter to the police department requesting the report. Keep a copy of the letter and mail it certified mail, return receipt requested. If you do not receive a copy of the report within a couple of weeks, then you may need to go to the courthouse and file a motion to compel the release of the police report.
• Identify weaknesses in the state’s evidence: If you are fighting the DUI, then you need to show that the state’s evidence is flawed in some way. There are many defenses that you can use. For example, you could argue the following: The officer lacked sufficient reason to stop you or to continue with the investigation. The officer may have relied on a faulty anonymous tip or have racially profiled you. The officer’s impression of your sobriety was not reasonable under the facts of your case. Officers need some sort of factual basis for inferring your lack of sobriety. If they do not have a valid suspicion, their case could be weak. The officer administered the field sobriety test wrong. Perhaps he or she was not trained properly in how to administer them. The breathalyzer results are not admissible. The machine may have malfunctioned or not been calibrated properly. The chemical tests were compromised. To challenge a chemical test, you will generally argue that because of the science behind this curve, your blood alcohol content was lower at the time of the arrest than at the time of your test. You would argue that, at the time of your arrest, your blood alcohol content was below the legal limit but rose above the legal limit while you were being arrested and processed.
• Subpoena witnesses: Other people can be good sources of evidence. For example, if you spent all night with another person, they could testify that they did not see you drink. Alternately, a witness could argue that they never saw the police officer give you a breathalyzer test. Generally, you can get subpoenas from the court clerk. You will have to coordinate getting them served on the witnesses. Most often, you can serve the subpoenas by using a professional process server or by having they served by someone 18 or older who is not part of the case.

It is no secret; those who prepare for their drunk driving court proceedings have a substantially better chance of achieving success. Although facts, evidence, and a person’s criminal history are important, judges are not going to think highly of you if you step into their domain and act as though you don’t care enough about the process to bring necessary items or documentation. By finding out what you should bring to court for a DUI and fulfilling those requirements you are signaling to the prosecution and the judge that you are taking the process seriously, which could be key to your success.

DUI Defense Lawyer Free Consultation

When you need legal help to defend against DUI Charges in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

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8833 S. Redwood Road, Suite C
<span itemprop=”addressLocality”>West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Is It Legal To Hand Write A Will In Utah?

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Is It Legal To Hand Write A Will In Utah?

Wills written by hand (not typed or created on a computer or word processor), also known as holographic wills, are only valid in a few states. However, there may be very specific requirements. For example, California requires that all sections of the will necessary to make the will valid must be written entirely by hand, and that the person writing the will must sign it. If these state rules aren’t followed, the holographic will won’t be valid. Sometimes a handwritten will is better than no will at all, sometimes it’s not. If the person writing the will doesn’t know how to write a will and leaves out important language, or if the holographic will creates ambiguity or an unintended result, then the intended property might end up going to the wrong person. If the person’s property would have gone to family members under the state laws that cover property when there’s no will (a process known as intestate succession), having no will might have achieved a result closer to the will writer’s real intentions. Drafting your own will is not as complicated as one might think. In fact, anyone can do it from their own home with a pen, paper, and two witnesses. The requirements to create your own legal will in Utah are:

• You must be at least 18 years old
• You must be “of sound mind” (the fact that you are reading and understanding this article is sufficient evidence that you meet this test)
• You must write the will, whether typewritten or handwritten
• You must sign the will in the presence of two witnesses; and
• The two witnesses must also sign the will

It is also recommended that the will be dated, an executor named, and that the witnesses sign a self proving notarized affidavit so that their testimonies aren’t needed at subsequent probate court proceedings. There is no requirement that a will be recorded or filed with a government agency or that it be notarized. Alternatively, in Utah you can create a legally enforceable will without any witnesses by creating what’s called a “holographic will”. A holographic will is simply a will where the signature and material portions of the will are in your own handwriting. While this might be simple to do, it comes under extra scrutiny in probate court and that is why it is almost always worth the little bit of effort to prepare a typed will and have it witnessed. Although it is easy to put off, everyone should have a will. A will specifies who gets your property when you die and can serve other vital purposes such as appointing a personal guardian to raise your minor children.

If you die without a will, a court decides who gets your property and who best fit to raise your children is. Written entirely in the handwriting of the testator but when all the words appearing on a paper in the handwriting of the testator are sufficient to constitute a valid holographic will, the fact that other words or printed matter appear thereon not in the handwriting of the testator, and not affecting the meaning of the words in such handwriting, shall not affect the validity of the will, and Subscribed by the testator, or with the testator’s name written in or on the will in the testator’s own handwriting, and Found after the testator’s death among the testator’s valuable papers or effects, or in a safe-deposit box or other safe place where it was deposited by the testator or under the testator’s authority, or in the possession or custody of some person with whom, or some firm or corporation with which, it was deposited by the testator or under the testator’s authority for safekeeping.

In simple terms, you can create a handwritten document solely in your own handwriting and signed by you who can serve as your last will and testament. It’s important to emphasize that no portion of the document may be typewritten and no witnesses or notaries are required. This type of will is best reserved for simple general outright bequests of an individual’s entire estate, but as previously mentioned; there are drawbacks to this type of will. Wills are routinely challenged due to vagueness or other ambiguities. It is challenging enough for attorneys to draft wills and include sufficient language to demonstrate the testator’s (maker of the will) intent. A person who chooses to write a holographic will may fail to provide certain material language that could affect the distribution of assets.

Such a person may fail to include certain property items or assets, and create confusion about who was to receive such items. Another reason not to rush to writing a holographic will is that consultation with an experienced estate planning attorney may help you think through options available to you that you otherwise would not have considered. Clearly, creating a holographic will is not a decision one should rush off to make. With a minimal amount of time and relatively small cost, you can consult with an attorney to draft your will and have the peace of mind of knowing it was drafted correctly. A holographic or handwritten will can be a binding legal document, in some states and in some circumstances. It’s not common, but executors sometimes come across a handwritten will, signed by the deceased person but without any witnesses’ signatures.

The first question to ask is whether or not the document you’ve found was really meant to be a will. The person might just have been making some notes, in preparation for writing a real will. Look for evidence that the writer intended the document to serve as a will, including:

• a statement that “this is my last will and testament” or something similar
• language naming an executor
• language that indicates an intent to leave specific items of property (or “all my property”) to a named person or persons, and
• a signature at the end.
Some other states allow a holographic will to be probated if it was valid under the law of the state where it was signed. Finally, if the circumstances were unusual the deceased person was a soldier at war or a sailor at sea when the will was made—Maryland, New York, and Rhode Island allow holographic wills. But state law provides that the wills become invalid soon after discharge from the military or return to land.
Proving the Validity of a Holographic Will
After the person who wrote the will has passed away, it’s more difficult to prove the validity of a holographic will in probate court. The whole point of having witnesses watch someone sign a will, after all, is so that if there’s any question about the will’s validity, the witnesses can come to court and testify. They can state that they heard the person say the document being signed was his or her will, and that the person seemed aware of what he or she was doing and was not under the undue influence of someone hoping to inherit. If you’re an executor submitting a holographic will to probate, you must show: The entire will, or at least all the significant parts, is in the handwriting of the deceased person. That means a fill-in-the-blanks will form isn’t valid if the important parts—the clauses that leave property are preprinted. There must be evidence that the handwriting and signature are in fact those of the person who has died. This may be supplied by the testimony of people who were familiar with the person’s handwriting, or if there is an argument over the will’s validity, by an expert in handwriting analysis. The person intended the document to serve as a will. That’s usually shown by the language of the document itself, as discussed above. It might also be useful to have testimony from others, if the deceased person told them about the will.
Traditionally, a will must be signed by witnesses attesting to the validity of the testator’s signature and intent, but in many jurisdictions, holographic wills that have not been witnessed are treated equally to witnessed wills and need only to meet minimal requirements in order to be probated:
• There must be evidence that the testator actually created the will, which can be proved through the use of witnesses, handwriting experts, or other methods.
• The testator must have had the intellectual capacity to write the will, although there is a presumption that a testator had such capacity unless there is evidence to the contrary.
• The testator must be expressing a wish to direct the distribution of his or her estate to beneficiaries.
Holographic wills are common and are often created in emergency situations, such as when the testator is alone, trapped, and near death. Jurisdictions that do not generally recognize unwitnessed holographic wills will accordingly grant exceptions to members of the armed services who are involved in armed conflicts and sailors at sea, though in both cases the validity of the holographic will expires at a certain time after it is drafted. Holographic wills often show that the requirements for making a valid will are minimal.

How to Write A Handwritten Legal Will

If you do not have a will, you are leaving the state to decide on the distribution of all your possessions. If you have any possessions of value or any sentimental possessions you wish to go to specific individuals, you should have a legal will. Control where your possessions go. If you have extensive property and your wishes regarding the disposition of it are complex, you are probably well-advised to have your will written up by a lawyer. If on the other hand you have limited property and you can state your wishes clearly and concisely, a hand-written will could be quite adequate. Plus, you could be saving yourself hundreds of dollars. Correctly hand-written wills, known as holographic wills, are legal in only half of the states in the United States and only about half the provinces in Canada. There are also slight variations, between states, as to what constitutes a legal hand-written will. Do some research to find out what is legal in your state. If a hand-written law is legal it must be done, with slight variations, in the following way. Understand all requirements. To write a legal hand-written will, you must be of sound mind at the time of writing. Your doctor, dentist and many others who are part of your life would know this so it is not usually a concern unless you are in a position where the state of your mind is already in question. Write your will by hand. the will must be written from start to finish in your handwriting. None of the will can be typed and none of it can be printed or written by other than yourself. If even one word of the will is typed or written by anyone other than you, the will cannot be legal.

How to Make a Will Without a Lawyer

A lawyer is helpful in the will creation process because you can be confident that your will has been drafted according to your state’s laws. An attorney’s help is not essential, however. If you feel confident that you can navigate your state’s laws and express your wishes on paper in a clear and unambiguous way, you can make your own will. Each state has different formal requirements, but you may opt to comply with the laws of every state to help ensure that your will is valid.
• Start a new word processing document or begin writing in ink on a blank sheet of paper. No state is particularly picky about the precise form your will takes, but most require it to be printed in ink.
• Specify that the document you are creating is your will. Title the document “Last Will and Testament” and identify yourself on the first line by stating your name, city and state of residence, birth date, and your intent to create a final will.
• Identify your spouse or most recent ex-spouse by name if applicable. Also supply the date and location of the marriage or divorce.
• State the number of children you have who are currently living and supply their names. If any of your children are minors who will need care in the event of your death, state that you select a specific individual to act as your children’s guardian. Appoint one or two additional individuals who may act as alternate guardians.
• Appoint an individual to act as your estate’s personal representative. This individual will handle the legal processes involving your will and oversee the disposition of your assets to your beneficiaries. Appoint one or two additional individuals who may act as alternate personal representatives.
• Identify clearly any property you are giving away and the person whom you would like to receive the property. Be as descriptive as you can, stating the beneficiary’s full name and relationship to you. When describing property, do so in a way that will be unambiguous. For instance, provide the exact address of a house rather than just saying “my home.”
• Print your name, your current city and state of residence, and the date at the bottom of your document. Include a line for your signature. Below this line, create three additional areas for the names, addresses and signatures of your witnesses.
• Sign your will in front of three disinterested witnesses. A disinterested witness is someone who is not a named beneficiary in your will. After you have signed, have the witnesses provide their information and signatures on the appropriate lines.

Wills and Trusts Attorney Free Consultation

When you need legal help with a will or trust in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
<span itemprop=”addressLocality”>West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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What Are The Grounds For Legal Separation In Utah?

A lawful partition in Utah is designated “separate upkeep – a court will detail the financial help rules and youngster care issues and the division of conjugal property. Couples seeking after a compromise may lean toward this type of partition to separate.

Utah requires wedded couples with kids younger than 18 to go to classes to instruct themselves on separation, and couples without any kids should in any case experience a 90-day holding up period. In addition, wedded couples petitioning for legal separation should likewise go to an intervention session to determine remaining questions before going to preliminary. Petitioning for lawful partition goes around the class prerequisites and the 90-day holding up period.
Gatherings are legitimately isolated just when a court enters a pronouncement of independent support. To get a declaration of discrete support in Utah, the gatherings experience an activity like a separation. Separate upkeep partitions property, grants guardianship of kids, and accommodates youngster backing and divorce settlement, however does as such on a brief premise; the declaration of discrete support doesn’t end the marriage. Provision under discrete upkeep is more typical than under a separation order on the grounds that the gatherings are as yet hitched, and the law expects life partners to help each other.
When the partition happens, the isolated couple may petition for a separation, which is free of the lawful division. Court and lawyer expenses for legitimate partition and separation are equivalent, however couples looking for a separation after a detachment will wind up paying a similar sum twice. Couples looking for lawful partition must determination issues like that of separation, including youngster guardianship and appearance, splitting property and kid support, and paying obligations.
Utah Divorce Basics
Separation in Utah is alluded to as Disintegration of Marriage and is led as a common activity, with one gathering, the Applicant, documenting a Request for separation, and the other party being named as a Respondent.

To seek legal separation in Utah, either life partner must be a true blue occupant of the state and more likely than not lived in the province of petitioning for the three months quickly going before initiation of the activity.

The Appeal might be documented in the locale court of the district where either life partner lives. On the off chance that the Solicitor is an individual from the military of the U.S. who are not legitimate occupants of this state, he/she may petition for legal separation on the off chance that he has been positioned in the state for the three months quickly going before the beginning of the activity.
No conference for declaration of separation may by and large be held until 90 days have slipped by from the recording of the objection, gave the court may make break arranges that are simply and impartial. The 90-day time frame will not make a difference, in any case, regardless where the two gatherings have finished the obligatory training course for separating from guardians.

In spite of the fact that there are no statutory arrangements for the reclamation of a life partner’s name while separating, either companion may demand that his/her previous name be reestablished on the Appeal and the judge will respect the solicitation.Legal Grounds for Divorce
The court may decree a dissolution of marriage for any of the following grounds:

1. Impotency of the Respondent at the time of the marriage;
2. Adultery committed by the Respondent after entering into the marriage;
3. Willful desertion of the Petitioner by the Respondent for more than one year;
4. Willful neglect of the Respondent to provide for the Petitioner the common necessities of life;
5. Habitual drunkenness of the Respondent;
6. Conviction of the Respondent for a felony;
7. Cruel treatment of the Petitioner by the Respondent to the extent of causing bodily injury or great mental distress to the Petitioner;
8. Irreconcilable differences of the marriage;
9. Incurable insanity; or
10. The spouses have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.

To grant a divorce on the ground of insanity, the Respondent must have been adjudged insane by the appropriate authorities of Utah or another state prior to the commencement of the action and the court must find by the testimony of competent witnesses that the Respondent’s insanity is incurable.
Annulment
The following are prohibited and void marriages and they may be annulled for these causes:
• Marriages between parents and children;
• Marriages between ancestors and descendants of every degree;
• Marriages between brothers and sisters (half or whole);
• Marriages between uncles and nieces or aunts and nephews;
• Marriages between first cousins (unless both parties are 65 years of age or older, or if both parties are 55 years of age or older, upon a finding by the court that either party is unable to reproduce);
• Marriages between any persons related to each other within and not including fifth degree of consanguinity;
• When there is a husband or wife living, from whom the person marrying has not been divorced;
• Either party is at least 16, but under 18 years of age and has not obtained parental consent;
• Either party is under 16 years of age at the time the parties attempt to enter into the marriage, unless the party is 15 years of age and has obtained judicial consent;
• Marriage between persons of the same sex; and
• Re-marriage to a different spouse before the divorce decree becomes absolute, or in the case of an appeal, before the affirmance of the decree.
When there is doubt regarding the validity of a marriage, either party may demand its avoidance or affirmance in a court where either party is domiciled. However, when one of the parties was under the age of consent at the time of the marriage, the other party of proper age may not have cause against the party under age. The court shall either declare the marriage valid or annulled.
A marriage may also be annulled for any of the annulment grounds existing at common law.
Property Division
In all disintegration and separate support activities, the court and judge have purview over the circulation of property. Utah is a fair appropriation state. Thusly, conjugal property will be dispersed reasonably and fairly.
The court will incorporate the accompanying in each declaration of separation:

•An request determining which gathering is in charge of the installment of joint obligations, commitments, or liabilities of the gatherings contracted or caused during marriage;
•An request requiring the gatherings to advise individual banks or obliges, in regards to the court’s division of obligations, commitments, or liabilities and with respect to the gatherings’ different current locations;
•Provisions for the implementation of these requests; and
•Provisions for money retaining.
At the point when a marriage of long span breaks down on the edge of a noteworthy change in the salary of one of the mates because of the aggregate endeavors of both, that change will be considered in partitioning the conjugal property. On the off chance that one life partner’s gaining limit has been enormously upgraded through the endeavors of the two companions during the marriage, the court may make a remunerating modification in partitioning the conjugal property.
Alimony and Support
In all dissolution and separate maintenance actions, the court and judge have jurisdiction over the payment of alimony.

When determining alimony, the court shall consider, at a minimum, the following factors:
• The financial condition and needs of the requesting spouse;
• The requesting spouse’s earning capacity or ability to produce income;
• The ability of the paying spouse to provide support;
• The length of the marriage;
• Whether the requesting spouse has custody of minor children requiring support;
• Whether the requesting spouse worked in a business owned or operated by the paying spouse; and
• Whether the requesting spouse directly contributed to any increase in the paying spouse’s skill by paying for education received by the paying spouse or allowing the paying spouse to attend school during the marriage.
The court may consider the fault of the parties when making its determination regarding alimony. When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in determining the amount of alimony. If one spouse’s earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make a compensating adjustment in awarding alimony.

In determining alimony when a marriage of short duration dissolves, and no children have been conceived or born during the marriage, the court may consider restoring each party to the condition which existed at the time of the marriage.
Alimony may not be ordered for a duration longer than the number of years that the marriage existed unless, at any time prior to termination of alimony, the court finds extenuating circumstances that justify the payment of alimony for a longer period of time.
Unless otherwise stated in the divorce decree, any order for payment of alimony to a former spouse automatically ends upon the remarriage or death of that former spouse, unless the remarriage is annulled and found to be void. In that case, alimony shall resume, provided that the paying spouse was made a party to the action of annulment and his/her rights have been determined.

Any order for payment of alimony to a former spouse terminates upon establishment by the paying party that the former spouse is cohabitating with another person.
Kid Authority and Backing
In all disintegration and separate support activities, the court and judge have locale over the care and upkeep of minor kids.
Authority:
The court will think about joint authority for each situation, however may grant any type of guardianship which is resolved to be to the greatest advantage of the kid. On the off chance that the court finds that one parent doesn’t want guardianship of the youngster, it will mull over that proof in deciding if to grant authority to the next parent.
In deciding if the wellbeing of a youngster will be served by requesting joint lawful or physical guardianship, the court will think about the accompanying components:
•Whether the physical, mental and enthusiastic needs and advancement of the kid will profit by joint legitimate or physical care;
•The capacity of the guardians to give first need to the welfare of the kid and arrive at shared choices in the youngster’s wellbeing;
•Whether each parent is fit for empowering and tolerating a positive connection between the youngster and the other parent, including the sharing of adoration, love and contact between he kid and the other parent;
•Whether the two guardians took an interest in bringing up the youngster before the separation;
•The topographical vicinity of the homes of the guardians;
•The inclination of the kid if the youngster is of adequate age and ability to reason in order to shape a shrewd inclination as to joint lawful or physical care;
•The development of the guardians and their readiness and capacity to shield the youngster from struggle that may emerge between the guardians;
•The over a significant time span capacity of the guardians to collaborate with one another and settle on choices mutually;
•Any history of, or potential for, kid misuse, companion misuse, or seizing; and some other variables the court finds pertinent.

When deciding any type of care, notwithstanding the previously mentioned criteria, the court will think about the eventual benefits of the youngster, the accompanying variables, and any others the court finds significant:
•The past direct and exhibited moral benchmarks of every one of the gatherings;
•Which parent is well on the way to act to the greatest advantage of the youngster, including permitting the kid regular and proceeding with contact with the non-custodial parent; and
•The degree of holding between the parent and youngster, which means the profundity, quality, and nature of the connection between a parent and kid.
The court may ask of the youngsters and think about the kids’ wants with respect to future care or parent-time plans yet the communicated wants are not controlling and the court may decide the kids’ authority or parent-time generally. The wants of a kid 16 years old or more seasoned will be given included weight, however isn’the single controlling component.
Courses for Guardians of Minor Kids:
On the off chance that the Applicant and the Respondent have a kid or kids, an announcement of separation for the most part may not be conceded until the two gatherings have gone to the obligatory instructive course for separating from guardians. This course is intended to instruct and sharpen separating from gatherings to their kids’ needs both during and after the separation procedure.
The course will train the two gatherings about the accompanying:
•The effects of separation on the child(ren)
•The effects of separation on the family relationship
•The guardians’ money related duties regarding the child(ren)
•That aggressive behavior at home harmfully affects youngsters and family connections.
This prerequisite might be postponed if the court decides course participation and fruition are a bit much, suitable, achievable, or to the greatest advantage of the gatherings.
There is additionally a compulsory separation direction course for all gatherings with minor kids who record an Appeal for Brief Division or for a Separation. The motivation behind the course is to instruct parties about the separation procedure and sensible options.
A Solicitor will go to a separation direction course close to 60 days in the wake of recording an Appeal for Separation. A Respondent will go to close to 30 days in the wake of being presented with the Appeal. The separation direction course will be impartial, fair-minded, in any event one hour in length and incorporate the accompanying:
•Options accessible as choices to separate;
•Resources accessible from courts and managerial organizations for settling authority and bolster issues without petitioning for legal separation;
•Resources accessible to improve or fortify the marriage;
•A discourse of the positive and negative outcomes of separation;
•A talk of the procedure of separation;
•Options accessible for continuing with a separation, including intervention, community oriented law and case; and
•A talk of post-separate from assets.
Backing:
The court will incorporate the accompanying in each declaration of separation:
•An request allotting duty regarding the installment of sensible and vital therapeutic and dental costs of the needy youngsters including obligation regarding medical coverage out-of-pocket costs, for example, co-installments, co-protection, and deductibles;
•If inclusion is or ends up accessible at a sensible cost, a request requiring the buy and support of proper wellbeing, emergency clinic, and dental consideration protection for the needy youngster and an assignment of which wellbeing, medical clinic or dental protection plan is essential and which wellbeing, emergency clinic, or dental protection plan is optional;
•Provisions for the implementation of these requests; and
•Provisions for money retaining.
In a request deciding youngster support, the court may incorporate a request doling out budgetary obligation regarding all or a bit of kid care costs acquired for the benefit of the needy kids, required in view of the work or preparing of the custodial parent.
In the event that the court discovers that the conditions are proper and that the needy youngsters would be satisfactorily thought about, it might incorporate a request permitting the non-custodial parent to give kid care to the reliant kids, required on account of the business or preparing of the custodial parent.
Utah utilizes the Pay Offers Model to ascertain kid bolster commitments. The kid bolster commitment table uses the consolidated balanced gross salaries of the two guardians and the quantity of youngsters for whom backing is to be requested. The kind of authority game plan requested (split, sole, or joint physical) is likewise Considered.
Legal Separation and Separate Maintenance
A Petitioner may file an action for a temporary separation order without filing a Petition for Divorce, by filing a Petition for Temporary Separation and a Motion for Temporary Orders if the spouses are lawfully married and both have been residents of the state for at least 90 days prior to the date of filing.

The temporary orders are valid for one year from the date of the hearing, or until either a Petition for Divorce is filed and consolidated with the temporary separation Petition, or the case is dismissed.

Call Ascent Law LLC For Your Free Consultation

The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
Never use a “do it yourself (without a lawyer)” solution for any divorce (with or without children) that will be filed in the state of Utah. Doing this can be a huge mistake. An uncontested Utah divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court. You should still have a lawyer do it.
With you can complete and print your Utah divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in Utah in a timely, professional, and hassle free fashion.

In a legal separation, the parties live separately, but remain spouses legally married to one another. The couple’s rights and duties to one another are set forth in a Decree of Legal Separation, which covers such matters as custody and child support, spousal support, division of property and payment of debts. In Utah, this is referred to as separate maintenance.

The grounds for legal separation are as follows:

1. A party who has sufficient ability to provide support, neglects or refuses to properly provide for and suitably maintain his/her spouse;
2. A party deserts his/her spouse without good and sufficient cause;
3. A party who has property in the state and his/her spouse is a resident of the state, deserts or neglects or refuses to provide support; or
4. A party, without fault, lives separate and apart from his/her spouse.

If a married resident of Utah files a Complaint for Separate Maintenance, the district court may allot, assign, set apart and decree as alimony the use of the real and personal estate or earnings of a deserting spouse as the court may determine appropriate.

Practice and proceeding for actions for separate maintenance shall be the same as near as may be as in actions for divorce; but the action may be brought in any county where the wife or husband may be found.

In all actions for separate maintenance, the court may order the following by order or decree:

• Provide for the care, custody, and maintenance of the minor children of the parties and determine with which of the parties the children or any of them shall remain;
• Provide for support of either spouse and the support of the minor children living with that spouse;
• Provide how and when support payments shall be made, and provide that either spouse have a lien upon the property of the other to secure payment of the support or maintenance obligations;
• Award to either spouse the possession of any real or personal property of the other spouse, or acquired by the spouses during marriage;
• Specify which party is responsible for the payment of joint debts, obligations, or liabilities contracted or incurred by the parties during the marriage;
• Require the parties to notify respective creditors or obliges regarding the court’s division of debts, obligations, and liabilities and regarding the parties’ separate, current addresses; and
• Provide for the enforcement of these orders.

Utah Legal Separation Lawyer Free Consuultation

When you need to get a legal separation in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

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8833 S. Redwood Road, Suite C
<span itemprop=”addressLocality”>West Jordan, Utah
84088 United States
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Is Possession Of A Controlled Substance A Felony In Utah?

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Is Possession Of A Controlled Substance A Felony In Utah?

Possession of a Controlled Substance is defined in Utah’s Controlled Substances Act, in Chapter 37 of Title 58 of the Utah Code. It is illegal for an individual to knowingly and intentionally possess or use a controlled substance that was not obtained with a lawful prescription. Possessing a controlled substance, or PCS in Utah, can result in very serious repercussions and harsh penalties, including prison sentences, fines, an inability to work in certain professional fields, a possibly permanent criminal record, and ineligibility for certain educational opportunities.

An alleged PCS offender has to have actual or constructive possession of a controlled substance in order to be charged with the offense. If the prosecutor is unable to prove the alleged offender had either actual or constructive possession of the controlled substance, the charges will likely be dismissed because possession is a required element a drug possession offense. Actual possession involves having actual, physical of the drug somewhere on your person, in clothing on your body or in a purse or wallet on your body.

Constructive possession is usually harder to prove than actual possession and usually involves the following three requirements:
• The alleged offender knew the illegal substance was in their vicinity;
• They knew it was an illegal substance; and
• The drug was close enough to actually possess.
The Utah Controlled Substances Act places all substances, drugs, prescription medications, and street drugs into schedules, ranging from Schedule I to Schedule V. Schedule I drugs are typically considered very addictive with no known medical use, and Schedule V drugs are the least addictive with commonly used medical purposes.
• Schedule I drugs have the highest likelihood for abuse and no used medical purpose in the United States. Examples of Schedule I substances can include marijuana, cocaine, LSD and heroin.
• Schedule II drugs have a high potential for abuse, but are used for some medical applications in the United States. An example of a schedule II substance is GHB.
• Schedule III drugs have less likelihood of abuse than Schedule I or II drugs, and are commonly used for medical purposes in the United States. A substance in this schedule is anabolic steroids.
• Schedule IV drugs have a lower likelihood for abuse than Schedule III drugs and have common medical applications in the United States. Substances in this schedule can include Xanax and Ambien.
• Schedule V drugs have the least potential for abuse and have common medical uses in the United States. Substances in this schedule can include medicines that have small amounts of codeine or opium.
Penalties in Utah for Drug Possession Offenses
Possession of a controlled substance is punishable as a class B misdemeanor, class A misdemeanor, third degree felony or second degree felony, depending on the controlled substance, the amount possessed, and whether the offender has previously been convicted. The degree of possession charge usually depends on the type of substance possessed, the amount of the drug possessed, whether the alleged offender has previous convictions, and whether the offender carried a weapon or firearm during commission of the offense. Additional factors can include whether the offense occurred in the vicinity of an elementary school, public park, house of worship, correctional facility, in the vicinity of someone under the age of 18, or if the alleged offender caused death or serious bodily injury during the commission of the offense. The following are the basic minimum punishment ranges for drug possession in Utah:

• A class B misdemeanor can result in imprisonment for up to six months and/or fines up to $1,000.
• A class A misdemeanor can lead to imprisonment up to one year and/or a fine not exceeding $2,500.
• A third degree felony can lead to a prison sentence for up to five years and/or a fine not more than $5,000.
• A second degree felony can result in imprisonment for up to 15 years and/or a fine up to $10,000.
Of course the maximums are much different than the “average” criminal penalty. If you’ve been caught with less than one ounce of marijuana and it’s your first offense, you are almost certainly not going to go to jail for 6 months, or probably at all. However, a criminal conviction is nothing to take lightly, as even a minor one has collateral consequences.
Collateral Consequences for a Controlled Substance Conviction in Utah
• Your Utah Driver’s License: A conviction for any of the crimes listed under the Utah Controlled Substance Act will result in the suspension of your Utah Driver’s License (or, if you have an out-of-state driver’s license, it will result in the suspension of your Utah Driving “Privilege”). This is certainly one of the most serious collateral consequences of a drug conviction in Utah, as many people need their license to get to work or school. It’s also something they don’t tell you about in court (usually) because it’s not technically part of the “criminal” penalties. It is very real though. There are some ways to try and avoid this license suspension, which is a good reason to contact a local defense attorney about your case.
• Your Criminal Record: Any criminal conviction goes on your record, of course, and that record can effect you in ways that you didn’t suspect. It can limit your career opportunities, your schooling, and your housing options, for instance. Utah does allow you to “expunge” or seal the record of your criminal convictions, but there’s a waiting period of several years. However, getting your case dismissed means that you are eligible to expunge all records of the case after only a 30-day wait.
• Possible Defenses to a Controlled Substance Charge: In a drug case, the admissibility in court of the drugs themselves is usually a key part of the case, so getting the evidence suppressed can result in a dismissal of the charges. Since cases often begin with a search or seizure, showing that the police violated the 4th Amendment protections against unreasonable search and seizure results in the dismissal of many drug cases. Further, since drug cases often revolve around the “confession” of the suspect, the 5th Amendment is frequently at play at well.
There’s also the issue of possession. When drugs are found in a car, for instance, often everyone in that car is charged with possession, but in Utah, the prosecutor must prove that the defendant both knew about and intended to exercise “dominion and control” over the drugs. Obviously, these are complicated legal issues for which it’s important to have a good defense attorney helping you out.
What to Do If You’ve Been Charged with Possession of a Controlled Substance in Utah

As explained above, even a minor criminal conviction for Possession of a Controlled Substance can have some very real collateral consequences, so getting the best result you possibly can in your criminal case is effort well-spent.

Utah Criminal Defense Attorney for your Drug Charges

There are all different levels of Controlled Substance charges, and every case is different, so it’s impossible to say exactly how much a defense attorney will cost in your case. For a serious felony charge, representation might cost many thousands of dollars. On the other hand, for a simple marijuana possession/paraphernalia case, my fees can be under $1000. Get in touch with me to discuss your case and get a quote, with no obligation or pressure. All states regulate the possession of controlled dangerous substances (CDS), though each differs in its exact definition of controlled dangerous substances and the penalties for illegal possession. Utah classifies not only well-known drugs like marijuana, heroin, and cocaine as controlled dangerous substances, but also the compounds used to manufacture them.
Penalties for Possessing CDS
It is illegal in Utah to possess CDS without a valid medical prescription. Penalties vary according to the type and amount of CDS involved in the violation.
Schedule I or II CDS
It is a third degree felony to possess Schedule I or II CDS. Penalties include a fine of up to $5,000, up to ten years in prison, or both. Second and subsequent convictions are second degree felonies, incurring a fine of up to $10,000, at least one (and up to 20) years in prison, or both.
All other CDS
It is a class B misdemeanor to possess all other CDS. Penalties include a fine of up to $1,000, up to one year in jail, or both. Second convictions are class A misdemeanors, incurring a fine of up to $2,500, up to one year in jail, or both. Third and subsequent convictions are third degree felonies, incurring a fine of up to $2,500, up to 18 months in prison, or both.
Violations on Prison Property
Violations that took place on or within jail or prison property incur penalties one degree greater than those applicable to the underlying crime. For example, if the offense would ordinarily be a third degree felony, but was committed on jail property, fines and prison time for a second degree felony would instead apply.
Talk to an Attorney

CDS possession convictions can incur harsh fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences. A criminal charge for possession of a controlled substance in a Utah correctional facility carries significant potential penalties. If you are found carrying drugs into a jail or prison, the offense level can be enhanced by one degree above what the charge would normally be. But there are potential defenses available to this criminal charge
Elements and Defenses to Drug Possession in a Correctional Facility
Utah law provides that person convicted of illegal possession of a controlled substance “while inside the boundaries of a property occupied by any correctional facility” or in “any public jail or other place of confinement” are subject to a penalty one degree greater than what would otherwise apply. Many people who are charged with possession of a controlled substance in a correctional facility are people who were booked into jail, either on an outstanding warrant or for other recent charges, and just happened to have drugs in their possession when they were booked. In many of these cases, the person did not intend to smuggle drugs into the jail. Given the choice, the person would not be in jail at all. Such cases raise the issue of whether a person who does not intend to bring drugs into a jail or correctional facility should be subject to an enhanced penalty. When a person is arrested, he may be faced with the choice of giving up his Fifth Amendment privilege against self-incrimination by announcing to police that he has drugs in his possession, or risking an enhanced penalty by remaining silent and waiting till he goes through the jail booking process and police find the drugs at the jail. Such a choice essentially imposes a higher penalty on a person for exercising his or her Constitutional rights. The criminal court system should not permit this kind of forced waiver of Constitutional protections.

Drug Possession in a Utah Jail or Prison

Under Utah criminal law, a person found in possession of a controlled substance in a correctional facility, jail, “or other place of confinement” is subject to a penalty enhanced one level higher than for ordinary drug possession. For example, a person found in possession of cocaine would normally be charged with a third degree felony, punishable by up to 5 years in prison. If a person is arrested and taken to jail, and if cocaine is found in his possession at the jail, a prosecutor may file the charge as a second degree felony, punishable by up to 15 years in prison. A simple marijuana possession charge, normally a class B misdemeanor, can be enhanced to a class A level punishable by up to a year in jail.

Criminal Defense Lawyer Free Consulation

When you need to defend against drug possession or drug trafficking charges in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
<span itemprop=”addressLocality”>West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

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How Long Does A Loan Modification Last?

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How Long Does A Loan Modification Last?

The loan modification process typically takes six (6) months to nine (9) months depending mostly on your bank and your ability to efficiently work through the process with your attorney. Of course, the loan modification timeline is not set in stone and the more complex your situation or the greater the degree of concessions needed from the investor, the longer the process takes. A lawyer can often reduce the amount of time required by processing your paperwork efficiently, presenting your application in the way the lender wants it, and knowing from past experience what the lender is able and typically willing to agree to. Although each borrower’s situation is unique, knowing the measures the lender is willing to take for similarly situated borrowers can be very helpful.

Whether you are dealing directly with your lender or through an attorney, ask several questions up front:

• How long is the process likely to take? Find out the best- and worst-case scenarios and then count out the days and mark them on your calendar.
• When can I expect to hear something about my case? Mark this date on your calendar.
• If I don’t hear anything by the specified date, whom should I contact? Get the person’s name, employee identification number (if available), phone number, and any extension you need to dial to reach the person directly.
• What should I do while I’m waiting?
In addition, you can continue to make progress on your own by doing the following:

If you hired a lawyer to represent you, do not speak with your bank or bank’s representative. Refer all matters to your lawyer who is representing you. Anything you say to the bank could confuse things or compromise your lawyer’s ability to negotiate the best deal on your behalf. Don’t be surprised if you continue to receive delinquency notices or late payment phone calls. Banks rarely put a stop on the foreclosure process until a workout solution is fully in place. You should ask your bank if your attempts to negotiate a solution will stop or at least postpone other collection actions. If they do not, you should find out what that means for you. When your fate is in someone else’s hands, six (6) to nine (9) months can seem like an eternity. By doing your part to keep the process on track and remain informed, you not only improve your chances of achieving a positive outcome, but you can also reduce the stress that commonly accompanies the waiting process.

Lenders grant home loan modifications when the borrower proves financially unable to meet present payment terms, yet has the ability repay a reduced amount. Lenders may modify loans for owner-occupied homes or investment properties. If your loan was modified under the condition that you live in the home, you can’t simply move out and rent the home. The lender may stipulate that you must continue to live in the home or sell it after a loan modification; however, there is generally no minimum time frame you must keep the home after modifying.

A loan modification may stave off foreclosure and ease financial woes, however, financial troubles might continue after a modification. Borrowers might default again due to new or persistent financial hardship or need to move due to life changes, such as employment relocation or divorce. Lenders don’t forbid borrowers from selling after a modification; however, the lender can make it difficult to sell by requiring you to repay its losses. For example, if your lender reduced the principal balance on the loan or pushed the interest payments on part of the balance to the back of the loan, it may ask you to repay these amounts upon selling. Homeowners facing difficulties can sometimes find themselves in a position where they’re unable to pay their mortgage. When confronting such terrible circumstances, the options can be time sensitive and overwhelming. You may have decided on a loan modification as your initial course of action hoping to avoid foreclosure or the short sale process. If this is the situation you find yourself in, you may be wondering how long a loan modification should take and why the bank is taking so long to approve it? One significant problem with the loan modification process is that it can take a very long time, seemingly forever. The time involved to get all the paperwork together on your own end is brutal enough. Not to mention all the time it takes to have the bank reviews everything. There are indeed steps you can control to minimize some of the wait time. For example, you can have many things in your package organized and laid out in a way that’s friendly for the bank. However, some of these processes are out of your control and involve other people. When you apply for a loan modification, there are many people at the bank that get involved. Some of which extend beyond the bank depending on how your mortgage was initially set up. The loan modification process can typically go between 30 to 90 days sometimes longer if it’s a complicated situation. The bank is going to look at your hardship letter and determine the severity of your current financial situation. They’re going to look into whether you are dealing with a temporary circumstance or something ongoing and permanent.

Before starting the process, you will want to be familiar with your Banks guidelines and how they internally work for loan modifications. Some banks have made the process more difficult than it actually needs to be. For example, the bank may not initiate the process to Borrowers unless they’re two or even three months behind on their payments. This restriction can create a bottleneck concerning an efficient flow of information. It’s not unheard of to discover the bank has lost documentation requiring you to resubmit forms. A good practice would be to document absolutely everything while keeping notes from your phone calls. Setting up a separate file folder in your emails would also benefit you. This way you can track who you’ve spoken to and understand where the bank is at with your paperwork. The bank in some instances may initiate a process called dual tracking. Many people applying for a loan modification may not be aware of this. The bank may be running two internal processes simultaneously within two different departments.

For example, the Modification department in the bank might be working on due diligence validating claims within your application, while the foreclosure department is initiating its internal processes. If the lender is leaning in the direction of denying your request. They may not indicate this right away, but the bank may have a lot of paperwork already prepared to move to the next step of foreclosure. This can further put you behind the eight ball eliminating other options that may have been on the table initially. Probably the most substantial delay you will face is when the bank involves the underwriters that backed the original loan. The underwriters will review the process and determine if the existing payment structure is sufficient. This process can be quite involved with lots of paperwork going back and forth between them and the bank. The loan modification timeline is not set in stone. The more complex your situation or the greater the degree of concessions needed from the investor, the longer the process takes. Borrowers with a lot of collateral issues can see their loans take longer than what has become the typical 30- to 90-day timeframe. A professional can often reduce the amount of time required by processing your paperwork efficiently, presenting your application exactly the way the lender wants it, and knowing from past experience what the lender is able and typically willing to agree to. Although each borrower’s situation is unique, knowing the measures the lender is willing to take for similarly situated borrowers can be a real time saver. Playing the waiting game can be agonizing, particularly when you have no idea of whether your application will be accepted or rejected or what the lender will offer in terms of a workout. It feels like your future hangs in the balance, and you remain in the dark. Knowing the standard timeline for processing a loan modification can certainly help relieve some anxiety. In addition, you can continue to make progress on your own by doing the following: If you hired a loan modification specialist to represent you, do not speak with your lender or lender’s representative. Refer all matters to the professional who is representing you. Anything you say to the lender could confuse things or compromise your representative’s ability to negotiate the best deal on your behalf. Log all phone calls and correspondence between you and your lender or representative. Write down the number you called, the person you talked with, what the person said, and what you said – not word for word, just jot down the key points.

Keep track of important dates. If you do not hear something back on the date promised, call the next day to find out what’s going on. Lenders almost never call you back with updates. If you hired a third party representative, they will (or should) keep you posted, but the lender simply doesn’t have the time to make follow up phone calls. If you’re dealing with your lender directly, you’ll have to be the one making the calls. Mark your calendar and schedule periodic update phone calls. Consistent follow up is paramount to a successful modification.
Explore other options. If the lender denies your request for a loan modification or presents an offer that you cannot accept, you will need a plan B (and maybe a plan C and a plan D). In addition, other options may be better for you than a loan modification. Consult a real estate agent about listing your home for sale. Talk to a mortgage broker or loan officer about refinancing. Speak with a bankruptcy attorney to find out whether filing bankruptcy would be a better choice.

Don’t be surprised if you continue to receive delinquency notices or late payment phone calls. Lenders rarely put a stop on the foreclosure process until a workout solution is fully in place. You should ask your lender if your attempts to negotiate a solution will stop or at least postpone other collection actions. If they do not, you should find out what that means for you. If the lender is able to foreclose in 30 days and a workout takes 60 days, there’s a slight timeline problem. Push to have all default and foreclosure actions put on hold while your workout attempts are underway. When your fate is in someone else’s hands, 30 to 90 days can seem like an eternity. By doing your part to keep the process on track, remain informed, and explore other options, you not only improve your chances of achieving a positive outcome, but you can also reduce the stress that commonly accompanies the waiting process.

Mortgage underwriting can take anywhere from a few days to a few weeks. Five to eight business days is probably a good average (from the time the underwriter receives the file, up until a final determination is made). In many cases, the underwriter will issue a conditional approval. This means he or she expects the loan to close, but needs to resolve one or more issues first. For example, the underwriter might need a letter of explanation about a recent bank deposit. Once this “condition” is cleared, the loan can move forward.

Some borrowers don’t get any conditions. In such cases, the mortgage underwriting process does not take as long. Other borrowers get one or more conditions they must resolve, before they are clear to close. Underwriting tends to take longer in these scenarios.

A loan modification process may seem like a good idea initially. However, the problem is it can consume a lot of valuable time leaving you in a tight spot in the end. You may have options on the table initially, but after going through a long process, your back might be up against the wall.

Loan Modification Lawyer Free Consultation

When you need legal help with a loan modification in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
<span itemprop=”addressLocality”>West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: https://www.ascentlawfirm.com/how-long-does-a-loan-modification-last/