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Constructive Trusts
A constructive trust is an equitable remedy the court imposes on a person who agreed in other to transfer title and possession to the beneficiary. Since constructive trusts transfer title and possession to the beneficiary, it covers specific property and is not an actual trust. This remedy is used to prevent unjust enrichment and prevents […]
Are You a Victim of Predatory Lending?
Unfortunately, many Americans have fallen victim to mortgage loan fraud, sometimes called predatory lending. This is when a broker, appraiser, or bank intentionally misleads a home buyer into a bad loan to make a profit. Predatory mortgage lending is illegal and can cause financial hardship resulting in foreclosure, bankruptcy, and damaged credit. Pay attention to […]
Bait-and-Switch Scams
A bait-and-switch advertisement is an advertisement where the seller offers a product or service, which the advertiser doesn’t actually intend or want to sell, but uses it as a lead to get customers to buy a different product or service. Like its name suggests, it “baits” the customer with an enticing offer to get them […]
What Is Cosigner Liability?
If you’ve cosigned on a loan, you may be facing a situation where the primary borrower has failed to make payments, and the lender is now looking at you for repayment. Commonly, friends or family members will cosign on a loan because the primary borrower isn’t as credit-worthy. It can become a very sticky situation […]
Do I Need a Lawyer for a Misdemeanor?
Getting arrested is never something to take lightly, even for a supposed “less serious” misdemeanor offense. Even a misdemeanor conviction can mean time in jail, fines, probation and community service. A criminal record can also mean the loss of your job and have an effect on where you can live. While you technically can represent yourself when facing […]
Illegal U-Turn Traffic Tickets
Let’s face it, sometimes making a U-turn or turning around is the fastest way to get from point A to point B. However, in most states, a traffic ticket can be issued to any driver who makes an illegal or unsafe U-turn. In all states, if there is a sign that says “No U-Turn,” then […]
The Consequences of a Felony Conviction
If you’ve been convicted of a felony, there are certain public rights that you have essentially lost. These include the right to vote or hold a public office, the disqualification from jury service for seven years, and the ability to possess firearms. Depending on the type of felony, you may even lose your eligibility for […]
The Difference Between Federal and State Crimes
Federal crimes are crimes which violate the federal laws. Infractions of federal law include, but are not limited to, drug trafficking, immigration fraud, pirating of music and movies, and mail fraud. Federal crimes are generally investigated by federal government agencies, such as the FBI or DEA. On the other hand, state crimes will be investigated […]
The Difference Between Probation And Parole
It is common for the general public to misunderstand the terms probation and parole. Probation and parole are two different concepts but are based on the same concept. Probation is an optional sentence a judge may assign, and rather than the person going to jail, they are sentenced to probation. Probation is usually assigned in […]
The Diminished Capacity Defense to a Crime
Unlike insanity, “diminished capacity” is not a complete defense to a crime. A plea of diminished capacity means you committed the crime, but you did not have the mental capacity to reach the intent element of the crime. Additionally, a plea of diminished capacity usually results in a lesser conviction, not an acquittal or not […]
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