Set Aside Foreclosure and Decree and Motion for New Trial
Prove Up of the ClaimTo recover on a promissory note the Plaintiff (lender) must prove existence of the note.To recover on a promissory note, the plaintiff must prove:(1) the existence of the note in question;(2) that the party sued signed the note;(3) that the plaintiff is the owner or holder of ... more...

Merger and Acquisition Valuation Practice Outline
Outline for a New M&A ValuationPractice Area for a Law FirmMichael A. S. Guth, Ph.D., J.D., Practice LeaderThis outline describes the M&A package that our law firm would normally prepare when retained to find targeted acquisitions for a client. If we are retained by a seller, then this outline ... more...

Class Action Lawsuits and Unethical Settlements
AN INVITATION FOR CLASS ACTION ATTORNEYS TO ENGAGE IN UNPROFESSIONAL CONDUCT Copyright 2004 by Michael A. S. Guth. All Rights Reserved. No portion of this article, including this web page, may be copied, retransmitted, reposted, or duplicated in significant portion without the express written ... more...

RESPA: The Real Estate Settlement Procedures Act
The Real Estate Settlement Procedures Act (RESPA) is a consumer protection statute, first passed in 1974. One of its purposes is to help consumers become better shoppers for settlement services. Another purpose is to eliminate kickbacks and referral fees that increase unnecessarily the costs of ... more...

What is Fair Housing?
You may have heard the term "fair housing", but what does it mean? What are your rights as a renter or homeowner, and can you defend yourself if your rights have been violated?The Fair Housing Act is enforced by the U.S. Department of Housing and Urban Development. It bars discriminatory practices ... more...

Rebuilding After Katrina: Smart Energy Choices
Energy efficiency has been part of the American lexicon since 1978 when the Energy Policy Act was first enacted. Since then, energy efficient homes and increased use of renewable energy resources have become the norm in states like New York and California. Policies and programs have supported these ... more...

How To Find Affordable Senior Housing
A few years ago Miranda M. became a widow. After a short time her grandson (her only available relative) persuaded her to move across several states to be closer to him.He located a nice retirement apartment where meals, housekeeping, and transportation are provided. By using her small Social ... more...

Water Resources - Infrastructure Does Not Grow On Trees, It Helps You Grow The Trees
Arizona and water issues for the future are an interesting issue as the Governor and her Drought task force move into a long-term workable plan. Such a compromise is necessary is AZ is to continue growth without devastating its food processing, farming and distribution and transportation industry ... more...

Debt Collectors; And what you can do to Get Them Out of your Life
FTC opinion letter on validation Section 809(a) of the FDCPA, 15 U.S.C. 1692g(a)This will be a pretty long lesson and will cover an integral part of validation which is the receipt of the initial or first contact with the debtor by a collector which usually gets thrown in the trash can if the ... more...