Foreclosure Lawyer Magna Utah

Magna is a metro township in Salt Lake County, Utah, United States. The population was 26,505 at the 2010 census, a moderate increase over the 2000 figure of 22,770. Settlement of the area began in 1851 shortly after pioneers reached the Salt Lake Valley. Early farmers settled in 1868 at the base of the northern Oquirrh Mountains and called their community Pleasant Green. By 1900, there were about 20 families in the area. One of the first Pleasant Green farmers was Abraham Coon, who established a livestock ranch and settlement called Coonville in a canyon mouth at about 5400 South. The canyon is now known as Coon Canyon, and Coon Creek flowing out of it, is one of the major Oquirrh Mountain drainages. Coon Creek flows north and west through Magna to the Great Salt Lake. The Pleasant Green Cemetery located in the Oquirrh foothills, at about 3500 South, was established in 1883. In 1890, in response to a law requiring all children to receive free public education, the first school was built in the community.

Deeds in Lieu of Foreclosure

A deed in lieu of foreclosure (deed in lieu) is one way that borrowers who are behind in their mortgage payments can avoid a foreclosure. Specifically, with a deed in lieu, the borrowers agree to sign title to the home over to the bank. In exchange, the bank agrees that the borrowers won’t be liable for all, or some, of the money due under the defaulted promissory note and to release the mortgage lien.

Deed in Lieu Process

To obtain a deed in lieu, you must first submit an application along with supporting documentation to your mortgage servicer (the company you make your mortgage payments to). If you meet all qualifications, the bank will approve your request, but typically only if there are no junior liens on the property, such as a second mortgage or judgment liens. One exception to this general rule is if the bank happens to hold both the first and second mortgage, then it may still approve the deed in lieu.

Documents You’ll Have to Sign

Once the bank approves a deed in lieu, it will send you several documents to sign to complete the transaction:
• a grant deed in lieu of foreclosure (which transfers title to the property to the bank), and
• an estoppel affidavit.
Among other things, the estoppel affidavit generally includes the terms of the agreement, such as whether or not the bank has the right to seek a deficiency judgment, which is explained in further detail below, as well as a provision that you are acting voluntarily, not under duress or undue influence. In some cases, there could be a separate deed in lieu agreement that contains the terms of the deal.

Get an Attorney — It’s a Good Idea

Below are some situations where you should consider hiring, or at least consulting with, an attorney to assist you with the deed in lieu. You don’t know how to fill out the deed in lieu application. Hiring an attorney may be a good idea if you want a deed in lieu, but you don’t understand the application process. For example, it may be worthwhile to hire an attorney if you’ve already spoken to your servicer about a deed in lieu, but are confused about:

• how to fill out the application, or
• what documentation you need to submit along with the application.
An attorney can help you fill out paperwork.
Keep in mind you can get free help with your application package from a HUD-approved housing counselor rather than hiring an attorney to help you. Go to the U.S. Department of Housing and Urban Development’s webpage to find the contact information for a housing counseling agency near you. The bank won’t release its right to pursue you for a deficiency judgment. With a deed in lieu, the “deficiency” is the difference between the fair market value of the property and the mortgage debt. For example, say your house is worth $150,000, but you owe the bank $175,0000. The deficiency is $25,000. States typically don’t have laws preventing lenders from getting deficiency judgments after a deed in lieu. In the past, banks would routinely agree not to seek a deficiency judgment after a deed in lieu in consideration for the borrowers agreeing to transfer the property. However, it is now more common for banks to try to recover some or all of the deficiency from the borrowers. To avoid a deficiency judgment after the deed in lieu is completed, the paperwork that the bank sends you to sign must expressly state that:
• the transaction is in full satisfaction of the debt, and/or
• the bank agrees not to seek a personal judgment against you.
If you can’t find this language in the deed in lieu documents (or if the bank specifically reserves the right to go after you for a deficiency judgment), an attorney who may be able to help you negotiate a release of your personal liability for the remaining debt or a reduced deficiency.
Potential Tax Consequences When the Bank Forgives the Deficiency
If the bank forgives all or part of the deficiency and issues you an IRS Form 1099-C (“Cancellation of Debt” form), the forgiven amount could be considered income for tax purposes. However, an exception or exclusion might save you from having to report the canceled debt as part of your income. For specific information about your particular situation, consider talking to a tax attorney. You don’t understand the deed in lieu documents. If you receive the deed in lieu documents from the bank, but can’t figure out what your rights are under the agreement or don’t fully understand what the documents that you’re signing actually mean, you should consider hiring an attorney to go over the paperwork and explain all of the terms and conditions to you.

On the other hand, if you have a good understanding of the deed in lieu process, application, and the documents you’re required to sign, there’s no requirement that you must have an attorney to help you with the transaction. For example, you might not need an attorney if all of the following are true.
• You have spoken to the servicer about completing a deed in lieu and a representative fully explained the process to you in way that you can understand.
• You understand how to fill out the deed in lieu application and what supporting documents you need to submit along with your request.
• You have done your homework to educate yourself about deeds in lieu and your rights under the transaction.
• Once you receive the deed in lieu documents, they clearly state that you are not liable for any deficiency.
• You’re satisfied with the terms of the deal.
• You have a thorough understanding about the contents of each document that you must sign to complete the deed in lieu transaction.

Negotiate a Deed in Lieu

For those concerned about the negative effects of foreclosure, a deed in lieu of foreclosure is an option. A deed in lieu allows you to sign over legal ownership of your home in exchange for your lender’s promise not to foreclose. Convincing your lender to accept a deed in lieu of foreclosure can take some work. Unfortunately, lenders actually may prefer to force a foreclosure rather than lose certain debt recovery rights under a deed in lieu.

Foreclosure

A deed in lieu of foreclosure is the voluntary transfer of ownership of your property to your mortgage lender. In return for your home’s deed, the mortgage lender releases you from your mortgage loan and any responsibility for it. Deeds in lieu of foreclosure can benefit both homeowners and mortgage lenders. Under a deed in lieu, a homeowner avoids foreclosure while a mortgage lender quickly takes full and unencumbered possession of the home.

Negotiating with a lender to accept a deed in lieu of foreclosure means demonstrating financial hardship on your part. First, approach your lender with sufficient proof of inability to repay your mortgage, and then offer a deed in lieu of foreclosure. Second, negotiate the terms of any reports to credit bureaus your lender may make after it accepts your deed in lieu. Finally, make sure the lender won’t pursue you later for any financial loss it suffers.

If possible, hire a foreclosure attorney to represent your deed in lieu offer to your mortgage lender. Also, build a very comprehensive deed in lieu offer, and go over it thoroughly before presenting it to your lender. Be prepared to make use of other foreclosure prevention options quickly if your lender turns down your deed in lieu offer. In extreme cases, mentioning the possibility of bankruptcy could convince your lender to accept a deed in lieu.

Lenders almost never accept deed in lieu offers from homeowners with second mortgages on their titles. Additionally, if your home is worth less than you owe, a lender most likely will refuse your offer of a deed in lieu. However, if your lender insists on a foreclosure, you could have from several weeks to a year before it actually takes place. In California, even speedy foreclosures take about four to five months to complete.
How Long Does a Deed in Lieu of Foreclosure Stay on a Credit Report?
A deed in lieu stays on the credit report for up to seven years, the same as a foreclosure. Homeowners can use a deed in lieu of foreclosure as a method to avoid the generally harsher effects of actual foreclosure. Normally, it’s also an easier way for a homeowner to give up all interest in his home. The deed is handed over to the lender, and the lender, in return, forgives the money still owed on the home loan. Eventually, the lender tries to sell the home and use the proceeds to recoup its losses.

When you default on your home loan, the result may eventually lead to a foreclosure and subsequent loss of your home. The sting of default, just from the hit it deals to a credit score, may also be significant. In fact, scores have been known to drop as much as 250 points when foreclosures are involved. That’s why considering an alternative means of giving up your home, one of which is the deed in lieu, could make sense.

Effects on Credit

Deeds in lieu of foreclosure also negatively affect credit, though they may not be as severe or for as long. In general, while your credit score may decline as much as in a foreclosure, the overall negative effects are usually lessened. For example, while the deed in lieu will remain on your report for seven years, you’ll usually be able to purchase a home two to three years after the event occurs. You’ll need to begin building positive credit, though.

Process of Relinquishing Property

When a home loan goes into default, discussing a possible deed in lieu with the lender is an option. If you and your lender can agree to go that route, there are a number of forms you’ll be required to sign. These include a deed that transfers property interest to the lender. In return, the lender officially cancels the home loan debt. In addition, it also typically waives the right to seek any future deficiency judgment.

Tax Implications Of Foreclosure

Before the passage of the Mortgage Forgiveness Debt Relief Act of 2007, federal taxes were usually owed on the amount of the canceled loan debt. Fortunately, federal tax is now eliminated under many circumstances. In California, tax implications vary. The Golden State does have a similar law that forgives canceled mortgage debt up to $2,000,000, providing relief of principal resident properties.

Deeds in lieu may also supply certain benefits. For one, Fannie Mae, the government-sponsored entity specializing in purchasing mortgages from lenders, offers a number of incentives to consider one instead of a foreclosure. For homeowners, these include reducing the wait time after a deed in lieu to qualify for a new home loan, in some extreme cases as soon as 12 months. In most cases, it is two years. Lenders also receive certain financial incentives and guarantees from Fannie to encourage deeds in lieu rather than foreclosure actions.

If your mom can no longer live in the property, she can move out at any time and simply notify the servicer (you have their address and phone number if you are getting the statements and other correspondence) that she has vacated the property. She can sell the home or simply let them make arrangements to take the home back at that time. If there is no equity in the home, then I would assume she would allow them to take the home if you or any other heirs do not want to keep the home at a payoff of 95% of the current market value. They would arrange to take the home either by Deed in Lieu or through foreclosure but Deed in Lieu is much better for the lender as well. The down turn in the economy eroded the equity all borrowers had in their homes, not just the borrowers who had reverse mortgages. We have seen borrowers who borrowed more in 2005 – 2007 than their homes are still worth today. That does not make the loan a bad loan – those borrowers received more money than their house is currently worth and were allowed to live in their homes for 7 – 9 years without having to make a single payment and now that the loan is higher than the current value of the home, they are not required to pay one cent over the current value toward the payoff of the loan. In other words, the insurance that they paid for to HUD allowed them to receive more money than the home is currently worth, pay no interest on the money and have no recourse on other funds to them or their heirs when they move AND they were able to live in the property for years while under no burden of mortgage payments.

Always seek legal advice before jumping to give your bank a deed in lieu of foreclosure. Remember, it’s in the bank’s best interest to obtain the deed from you. It might not be in your best interest to comply. You could be adversely affected in a few ways:
• A deed in lieu will show up on your credit report, but the effect is usually less than the hit you would take for a foreclosure.
• You won’t be able to buy another home for a while. Fannie Mae and Freddie Mac won’t buy a mortgage in the second market when it’s made by a borrower who signed a deed in lieu without extenuating circumstances in the last four years. This drops to two years with extenuating circumstances. Compare the wait to buying after a foreclosure, which is seven years without extenuating circumstances, five with, and you’ve essentially picked up a three-year gain.
• Make sure that the deed in lieu specifically releases you from liability to repay all loans against the property. Otherwise, you could be liable for any loan deficiency even after turning the property over to the lender—the difference between the home’s value and the balance of your mortgage loan. There’s little point in handing over title if you’ll be pursued you for a deficiency, but this is typically negotiable. Just make sure you get any waiver in writing.
• You could be required to give the lender cash in addition to title to make up some of the difference if your loan balance is significantly more than the home’s fair market value.

Foreclosure Attorney

When you need a foreclosure attorney 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
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Pollution And A Safe Environment

When many people think of the environment, they draw to mind an image of the air, water, and land that surround us outside. However, there is growing attention to identifying and reducing the indoor pollution (whether it’s in the air or elsewhere) of offices and other indoor worksites. The conditions and illnesses collectively referred to as “sick building syndrome” can be caused by impure or hazardous indoor environments. It is often characterized by a lessening of symptoms when the affected individual is not in the building. There are in actuality numerous forms of indoor pollution that can be harmful or sometimes even fatal.

This article lists examples of illnesses and health conditions associated with indoor pollution, potential sources of contamination, and ways to limit employees’ exposure to such contaminants. Call Ascent Law for the Environment Laws and Workplace Safety to learn how we can help you.

The EPA has performed studies that indicate that indoor levels of many pollutants may be two to five times higher than outside levels. The studies have even revealed some instances where indoor levels were more than 100 times higher than outdoor levels. These results are particularly alarming when compared to the fact that the EPA studies also revealed that most Americans spend as much as 90 percent of their time indoors!

Examples Of Building-Related Illnesses & Symptoms
• Legionnaire’s disease
• Asthma
• Hypersensitivity pneumonitis
• Humidifier fever
• Irritated nose, eyes, and throat
• Sneezing
• Blocked sinuses
• Fatigue and lethargy
• Headache
• Dizziness
• Nausea
• Irritability
• Forgetfulness
Potential Sources
• Building maintenance activities
• Pest control
• Housekeeping and cleaning activities
• Renovation and remodeling activities
• New furnishings
• Finishes on furniture or other products
• Occupant/inhabitant activities such as smoking
• Asbestos from insulation
• Formaldehyde from pressed wood products
• Organics and chemicals in carpet fibers and backing
• Restroom air fresheners
• Paints
• Adhesives
• Water-damaged walls, carpets, and furnishings
• Copying machines
• Facsimile machines
• Photography supplies
• Print supplies

Types Of Contaminants

• Biological contaminants: Bacteria, viruses, fungi, molds, dust mites, animal dander, pollen, condensation, and humidity.
• Chemical pollutants: Tobacco smoke, emissions from office equipment, furniture, cleaning and consumer hygiene products, accidental release or spill of chemicals and gases such as carbon monoxide and nitrogen dioxide.
• Particles: Solid or liquid substances light enough to be transferred by air such as dust, dirt, sawdust, drywall chalk, and ink particles from copying machines.

Tips For Preventing Indoor Air Pollution

• Do not close or block air vents, registers, or grilles with furniture, boxes, or other objects.
• Do not smoke in prohibited or enclosed areas (second-hand smoke is a leading trigger of asthma and other respiratory conditions).
• Water and maintain house and office plants.
• Dispose of garbage frequently and properly.
• Store food and other perishables properly.
• Dust and vacuum regularly.
• Be careful with the use of aerosol paint, sprays, and other aerosol products.

• Be careful with the use of home and office-use pesticides such as “bug bombs” and roach sprays. Consider using bait traps for pests, as these will likely not involve the release of as many chemical particles.
• Control humidity and moisture levels indoors.
• Clean air vents and air-conditioning and dehumidifier drip pans or filters regularly.
• Before purchasing new furniture, appliances or other similar items for home or office use ask the seller, supplier, manufacturer, or designer of the product to provide information on any chemical emissions which the product may have.
• Ask if new items such as carpeting or furniture can be aired out in a clean, dry, environment before they are installed or brought into your home and office.

Specific Steps for Reducing Indoor Air Pollution

• Manage the source of indoor pollutants by refraining from use entirely, or controlled timing of the use.
• Isolate the pollutant from inhabitants or occupants of the area.
• Dilute indoor pollutants when used.

• Remove them from the area through the use of ventilation.
• Filtrate in order to clean the air of pollutants that may be left behind after dilution and ventilation.

Environment Lawyer

When you need legal help with environment law 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
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Strategic Bankruptcy In Foreclosure

When many people hear the word bankruptcy, the first thing they think of is fear and despair. While the aftermath of bankruptcy will result in a period of change, it doesn’t have to be synonymous with fear. Filing for bankruptcy in certain situations can just as easily be seen as a path to a fresh start. Whether it’s a mortgage, car payment, student loan or credit card, most of us live with some form of debt all the time. Debts can become untenable for a variety of different reasons such as a lost job, divorce or medical disability. Strategically filing bankruptcy can provide you and your family with a way to be released from these debts and have a chance to start over.

Who Can File for Bankruptcy?

Both individuals and companies can file for bankruptcy protection, depending upon their particular circumstances. Individual’s income and asset records must be evaluated in order to determine if they are eligible to file for bankruptcy. The requirements necessary to be eligible vary according to the type of bankruptcy protection you are pursuing.

Types of Bankruptcy

The two most common types of bankruptcy for individuals are Chapter 7 and Chapter 13. Chapter 7 results in the sale of the debtor’s assets in order to pay debts that they can’t afford. In Chapter 13 bankruptcy, the debtor must have sufficient income to cover the debts, which are reorganized as part of a single payment plan.

What Happens After Filing Bankruptcy?

Unsecured debts such as credit card debt are often discharged upon filing for bankruptcy protection. Once an individual has filed for bankruptcy with the court, all collection efforts on behalf of credits must immediately cease, and all issues relating to either the sale of assets or Chapter 13 payments are handled by a bankruptcy trustee appointed by the court. Debts that are court-mandated, such as alimony and child-support payments, and debts that are owed to the federal government such as tax liabilities and student loans are not eligible for discharge in bankruptcy cases. If you are overwhelmed by debt, under constant harassment from creditors, and looking for a way out of a seemingly hopeless situation, the first thing you should do is consult with a trusted bankruptcy law office.

Bankruptcy Strategies to Prevent Foreclosure

If you have an underwater mortgage and are struggling to overcome your mountain of debt, the threat of losing your home to foreclosure is a terrifying reality. Both you and your family could have to deal with the consequences. Fortunately, meeting with a bankruptcy attorney can provide you with the expertise to delay or even avoid foreclosure altogether. A bankruptcy attorney has a plethora of tools and strategies, all designed to help you get back on track with your mortgage payments.

How Bankruptcy Can Stall or Prevent Foreclosure

Essentially, when you’re behind on your mortgage payments and aren’t able to catch up, your lender tries to get the remaining payments through other means. Typically, your lender will start by auctioning off your home. Fortunately, the foreclosure process takes a long time, so if you’re having problems with your mortgage and foresee a foreclosure in the future, you may still have time to act. Filing for bankruptcy is one measure that you can take. Meeting with a bankruptcy attorney about your mortgage can help you understand your available options. Some options include:
Chapter 13: If you work with a bankruptcy attorney, you can include your past due mortgage payments in a Chapter 13 filing. You should fully disclose your financial situation, which will allow your bankruptcy attorney to determine whether Chapter 13 is plausible for you, and whether this option will be successful. If you can still make mortgage payments, but need to have the plan restructured in order to keep making payments, this option is for you.

Chapter 7: If restructuring your debt doesn’t change your mortgage situation, Chapter 7 is the right option for you. A bankruptcy attorney will help you work to avoid foreclosure with a Chapter 7 filing, which will discharge nearly all of the debts included in your bankruptcy a Chapter 7 filing can also include your primary mortgage. It’s important to note that bankruptcy doesn’t always succeed in preventing foreclosure on your home, but working with a bankruptcy attorney can vastly improve those chances.
Strategic Default and Strategic Foreclosure
Strategic default commonly refers to the practice of “walking away” from a mortgage. In this sense, borrowers simply stop paying, pack up, and move out, leaving the bank to foreclose on the home.

Strategic foreclosure is the practice of getting the bank to take back your home as full satisfaction of your debt. Regardless of what you may read on the Internet, strategic default is a bad idea for 99.9% of borrowers. In addition to the damage it will do to your credit, homeowners who simply “walk away” may be liable for a deficiency judgment against them. That deficiency is the difference between the value of the loan and what the property sold for at foreclosure. Since most people engaging in strategic default are also underwater on their mortgages, this is probably a hefty sum of money. In a strategic foreclosure, an underwater homeowner attempts to return the property to the bank this is commonly done in two ways: a deed-in-lieu of foreclosure and a consent foreclosure. A deed-in-lieu of foreclosure is used before foreclosure is filed. The bank agrees to take the property and to not pursue a deficiency judgment against the borrower. Some banks will want you to list the home for ninety days before they will accept a deed-in-lieu. If you have a second mortgage, it is unlikely that you will be able to obtain a deed-in-lieu. A consent foreclosure is done after the bank has filed a foreclosure action. This is basically the same as a deed-in-lieu, except that you are consenting to a judgment of foreclosure and sale being entered against you. This can impact your credit score, but you are also protected against a deficiency judgment. Either option is best done by a qualified attorney, but can be pursued on your own.

Can I File an Emergency Bankruptcy Petition to Stop a Foreclosure Sale?

If your mortgage lender is about to foreclose, filing an emergency bankruptcy petition (also called a bare-bones or skeleton petition) can delay or stop the foreclosure process. It could give you more time to negotiate with the bank. Keep in mind that while Chapter 7 will stop a foreclosure, it will be temporary. If you’d like to keep your home, Chapter 13 will likely be the better option.

Emergency Bankruptcy Petition

When you don’t have time to complete all required bankruptcy forms, you can take advantage of the automatic stay by filing an emergency bankruptcy petition. An emergency petition lets you file for bankruptcy by filling out a few forms and taking a credit counseling course. You then have 14 days to complete the rest of the required paperwork and file it with the court.

An Emergency Petition Can Stop a Foreclosure Sale

Many people want to stop a foreclosure on the eve of bankruptcy. An emergency petition can do just that. If you have more time, it’s a good idea to find out when you’ll need to file your bankruptcy petition. How quickly a lender can foreclose on your home depends on state law. If you received a foreclosure notice from the bank, you’d want to read it carefully to determine the date of your foreclosure (or trustee) sale. In most states, your lender must give you ample notice of your default and wait a certain statutory period before setting a foreclosure sale date. The moment you file for bankruptcy relief (including an emergency petition) an automatic stay goes into effect that prohibits your lender from going forward with the foreclosure sale. Bankruptcy can delay or stop the foreclosure process as long as the home hasn’t been sold. But once the lender sells your home, you no longer own it, and bankruptcy can’t help you.

How to File an Emergency Bankruptcy Petition

Call Ascent Law and We’ll help you file an emergency petition to stop a foreclosure so long as you qualify to file a bankruptcy case. In most cases, you can file an emergency bankruptcy petition by completing the following forms:
• Form 101 – Voluntary Petition for Individuals Filing for Bankruptcy
• Form 121 – Your Statement About Your Social Security Numbers
• the names and addresses of all of your creditors (the creditor mailing list or mailing matrix—check with your court for formatting requirements)
• a credit counseling certificate requirement or a waiver request, and
• a filing fee, a request for a fee waiver, or a request to pay the fee in installments.
Some courts might require additional forms. You’ll want to check with your local bankruptcy court to learn the requirements in your district. You can find it using the Federal Court Finder. The official bankruptcy forms are on the U.S. Courts bankruptcy form webpage. Again, after filing the emergency petition, you have 14 days to file the rest of the required bankruptcy forms and schedules. Failure to do so will typically result in the dismissal of your case without prejudice (you can file again right away).

First let’s take a look at some of the problems homeowners face when they decide to go through a strategic foreclosure:
• The number one problem that homeowners face when going through a strategic foreclosure is that mortgage lenders usually choose to pursue them relentlessly for payment. The fact is that mortgage lenders have the legal right to pursue the homeowner for the balance of the mortgage even after foreclosure and even if the home is valued for less than the mortgage, which is often the case.
• The second problem is that homeowners going through a strategic foreclosure often still have assets that they are trying to protect. But using the legal system, mortgage lenders can get access to those assets by winning a judgment against the debtor.
Filing bankruptcy will help the homeowner discharge the balance of the mortgage after foreclosure and protect their assets. Strategic foreclosure is not about getting away without paying your creditors; it is about realizing that you are up against the wall financially before you lose all of your assets; that is why they call it strategic. By getting out of the mortgage early, you are better positioned to protect critical assets and get a better financial fresh start after foreclosure and/or bankruptcy. Many people fall behind on their mortgage payments. Some lenders and mortgage companies may be willing to work out deals with the homeowners, such as a short sale or loan modification. Most lenders are not. In that case, the lender will most likely begin the foreclosure process, as set out in the mortgage contract. The foreclosure process involves the creditor repossessing and usually selling the house at a public auction. The proceeds from that auction are used to repay the mortgage and any legal costs. The foreclosure process takes time. Most creditors do not begin foreclosing until the homeowner is two to three months behind on their mortgage payments. This gives the homeowner some time to consider alternatives to foreclosure, such as a loan forbearance, short sale, or deed in lieu of foreclosure. Should all of these alternatives fail, bankruptcy may help in several different ways.

How to Delay Foreclosure with an Automatic Stay

Bankruptcy and foreclosure are both words that the average person dreads hearing. If you are facing foreclosure, however, bankruptcy can become a tool to help you keep your house. Once you file bankruptcy, either Chapter 13 or Chapter 7, the court automatically issues an Order for Relief. This order grants you an “automatic stay”, that directs your creditors to immediately cease their collection attempts, no matter what. So, if a foreclosure sale has been scheduled for your home, it will be postponed, by law, until the bankruptcy is finalized. This usually takes about three to four months.
There are two exceptions to this buying time rule:
• If the Lender Files a Motion to Lift the Stay: Unfortunately, the lender can file a motion to lift the stay, which asks permission from the bankruptcy court to continue with the foreclosure sale. If this is granted, you may not receive the extra three to four months of time. However, bankruptcy normally still postpones the sale by about two months or more, or even longer if the lender does not act fast in filing the motion to lift the stay.
• If the Foreclosure Notice has Already Been Filed: Most states have laws that require lenders to give homeowners a certain amount of notice before selling their property. A bankruptcy’s automatic stay will NOT stop the clock on this advance notice.

Bankruptcy Lawyer

When you need bankruptcy to stop a foreclosure 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
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Utah Divorce Code 30-3-10.4

30-3-10.4 – Modification or termination of order.

• On the petition of one or both of the parents, or the joint legal or physical custodians if they are not the parents, the court may, after a hearing, modify or terminate an order that established joint legal or physical custody if:

o the verified petition or accompanying affidavit initially alleges that admissible evidence will show that the circumstances of the child or one or both parents or joint legal or physical custodians have materially and substantially changed since the entry of the order to be modified;
o a modification of the terms and conditions of the order would be an improvement for and in the best interest of the child; and
o both parents have complied in good faith with the dispute resolution procedure in accordance with Subsection 30-3-10.3(7); or
o if no dispute resolution procedure is contained in the order that established joint legal or physical custody, the court orders the parents to participate in a dispute resolution procedure in accordance with Subsection 30-3-10.2(5) unless the parents certify that, in good faith, they have utilized a dispute resolution procedure to resolve their dispute.
• In determining whether the best interest of a child will be served by either modifying or terminating the joint legal or physical custody order, the court shall, in addition to other factors the court considers relevant, consider the factors outlined in Section 30-3-10 and Subsection 30-3-10.2(2).
• The court shall make specific written findings on each of the factors relied upon stating:
o a material and substantial change of circumstance has occurred; and
o a modification of the terms and conditions of the order would be an improvement for and in the best interest of the child.
• The court shall give substantial weight to the existing joint legal or physical custody order when the child is thriving, happy, and well-adjusted.

• The court shall, in every case regarding a petition for termination of a joint legal or physical custody order, consider reasonable alternatives to preserve the existing order in accordance with Subsection 30-3-10(1)(b). The court may modify the terms and conditions of the existing order in accordance with Subsection 30-3-10(5) and may order the parents to file a parenting plan in accordance with this chapter.
• A parent requesting a modification from sole custody to joint legal custody or joint physical custody or both, or any other type of shared parenting arrangement, shall file and serve a proposed parenting plan with the petition to modify in accordance with Section 30-3-10.8.
• If the court finds that an action under this section is filed or answered frivolously and in a manner designed to harass the other party, the court shall assess attorney fees as costs against the offending party.

Modifying Child Custody or Support

In most cases where the parents of a child are not in a relationship and do not live together, whether due to divorce or other circumstances, one or both parents will seek to define the support and custody arrangement for the child. In some cases the parents have an amicable relationship and can come to an agreement regarding child custody and support without court intervention. Regardless of the cordiality of the co-parent relationship, however, it is prudent for the parents to reduce the agreement to writing and file it with a court that has jurisdiction over the matter. This ensures that the terms are clearly defined and allows for the enforcement of the agreement should the relationship sour. In cases where the parents are unable to come to an agreement regarding their parental rights and obligations, either parent may file a lawsuit seeking custody or support of a child, and the court will ultimately issue an order determining custody and support. In either circumstance, it is important to include a provision that will allow for a modification of both the custody and support of the child.

Modifying Child Custody

As a child grows older circumstances change, and what may have worked best for a child or his or her parents when he or she was younger may no longer be practical or beneficial when the child is older. Situations that may necessitate a change to a child custody arrangement include a change in the school the child attends or an increase in a child’s needs due to situations such as illness or mental health or developmental issues. Additionally, if a parent is in violation of the current custody arrangement, it may be grounds for modification.

Often as a child matures he or she may want to spend more time with one parent, and may ask the parent to request a modification. In some cases, a parent may have a concern regarding his or her co-parent’s ability to properly care for the child, either due to illness, increased job requirements or travel commitments, or other circumstances, and may request a modification. If the parents are unable to come to an agreement regarding a modification to the custody arrangement, they can petition the court for a modification and the court will determine whether a modification is warranted. As with all issues involving a child, the court will assess whether the modification is in the best interest of the child before deciding to grant it.

What is a Motion to Modify?

A request to the court to change an existing court order because of a change in circumstances. There is a $110 filing fee for Motions to Modify.

How much does it cost to file a Motion to Modify?

It usually costs thousands to file a Motion to Modify Child Custody, Visitation or Support or Spousal Maintenance or Property Division. The motion to modify paperwork will not go to the judge until you have either paid the filing fee or been granted a fee waiver if you are low income. If you are modifying a registered out-of-state order within 30 days of the registration confirmation date, there is no filing fee. After 30 days, you need to pay the $75 fee. It is FREE to file an uncontested motion to modify when the parents agree on the change.

What can I modify?

• Property and debt division from a divorce or dissolution: very rarely
• Spousal support: possibly
• Child custody and support: if there is a change in circumstances
What changes in circumstances are needed to modify custody and support?
For custody, a change in circumstances means something has happened so that the old parenting plan is no longer in the children’s best interests. Examples include:
• the original plan was for an infant and now the child is 5 years old and will start kindergarten so the old schedule of 10 am exchanges does not work
• one parent is moving out of state so the existing schedule of week on / week off is impossible
• the parent whom the children were living with four days a week went to jail so the existing schedule is impossible
• an act of domestic violence between the parents when returning the children.
For child support, there needs to be:
• a 15% change in the amount of child support ordered (this means that when you calculate support based on the parents’ current income now, it is 15% more or less than the current support order), or
• a change in the parenting plan from primary custody to shared custody or vice versa that affects the child support formula. You may find the FAQs on Child Support helpful to decide whether to file a motion to modify child support.

How do I find out if the other parent’s income has changed?

• Once a year you can ask the other parent in writing to provide documents such as tax returns and pay stubs showing their income for the prior calendar year. Attach documentation of your annual income for the same period that you are asking for their income information.
• Do NOT file the written request in court. It is just between the parties.
• Within 30 days of the written request, the other parent must provide the documents to you.
• You can only request the other parent’s income information once a year. However, within a court case you can request this information through the discovery process.
Can child support be retroactively modified?
No. Generally, you will always owe child support according to the most recent court order, or administrative order if you do not have any court orders. Therefore, if there has been a 15% change in your income or the parenting plan has changed in a way that affects the child support, you must file a motion to change the child support. Otherwise, you’ll just keep owing under the existing order. However, this is a dynamic area of law and you should consult with an attorney to find out whether there are any legal strategies that might be helpful to you.
Can you get support for an 18 year-old-child still at home and in high school?
Yes, as long as all of the conditions are met. Please read the Instructions, for more information about the conditions and forms.
What is the difference between a Motion to Modify and an appeal?
A Motion to Modify is a request to the trial court or administrative agency to change an existing order because of a change in circumstances. The trial court or agency will consider new evidence as it relates to the change of circumstances. In the family law context, Motions to Modify Custody or Support can be filed anytime before the children turn eighteen.
What forms can I use to file a Motion to Modify?
There are 2 options for paperwork that you can file. They both work, but the first gives you the opportunity to provide more specific information about the reason to modify:

• Motion to Modify Custody, Visitation & Support Packet
OR
• Motion to Modify Packet,
• Order Modifying Child Support, (if you are asking to modify child support fill out as if the judge is granting what you asked for in the motion, but DO NOT SIGN)
• pick one of the following if you are asking to modify custody and visitation and fill out as if the judge is granting what you asked for in the motion, but DO NOT SIGN:
o Custody Order
o Post-Judgment Order for Modification of Custody and Visitation (4 pages),
What forms can I use to respond to a Motion to Modify?
If you have been served with a Motion to Modify, you may use the following packet to respond:
• Response to Motion to Modify Packet
What if we agree on the modification?
Even if both parents agree on the change, you still need to file something in court. Both parents can file together:
• Uncontested Motion to Modify Custody, Visitation and Child Support Packet,
It is FREE to file an uncontested motion to modify when the parents agree on the change. When the parents do not agree, it costs $110 to file a request to modify.

What forms are always required with a post-judgment motion?

With any motion filed after you have received a final judgment in a divorce or custody case, include:
• a Notice of Motion, S
Note: the Motion to Modify packet,includes a form Notice of Motion to Change Custody, Support or Visitation, which serves the same purpose. If both parents are filing together an Uncontested Motion to Modify, you do not need to file a Notice of Motion.

Are there any special service requirements?

The method you use to serve depends on what court order you want to modify.

Motion to Modify from Utah Court Orders

If you are filing a motion to modify custody or support from an order issued by an Alaska court, you serve the opposing party by first class US mail or hand delivery. Please read the information about serving the opposing party.

Motion to Modify from Registered Foreign Orders

If you are filing a motion to modify custody or support from an order that has been registered in the Alaska court because the original decision was issued by a court outside Utah, there are different requirements to serve motions to modify registered orders.
To modify a registered child support order, send a copy of the modification papers to the other party by regular first class mail.
To modify a registered child custody order, send a copy of the modification papers to the other party by:
• certified mail/restricted delivery/return receipt , or
• hiring a process server.
To modify both a registered child support order and a registered child custody order, send a copy of the modification papers to the other party by:
• certified mail/restricted delivery/return receipt , or
• hiring a process server.

Utah Divorce Code Lawyer

When you need legal help with Utah Divorce Code 30-3-10.4 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
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Foreclosure Lawyer Midway Utah

Midway is a city in northwestern Wasatch County, Utah, United States. It is located in the Heber Valley, approximately 3 miles (4.8 km) west of Heber City and 28 miles (45 km) southeast of Salt Lake City, on the opposite side of the Wasatch Mountains. The population was 3,845 at the 2010 census. As of the 2010 census Midway had a population of 3,845. The ethnic and racial makeup of the population was 92.6% non-Hispanic white, 0.2% African-American, 0.5% Asian, 0.1% Pacific Islander, 0.9% reporting two or more races and 5.5% Hispanic. As of the census of 2000, there were 2,121 people, 687 households, and 550 families residing in the city. The population density was 633.3 people per square mile (244.5/km²). There were 1,000 housing units at an average density of 298.6 per square mile (115.3/km²). The racial makeup of the city was 97.22% White, 0.05% African American, 0.38% Native American, 0.19% Asian, 0.19% Pacific Islander, 0.38% from other races, and 1.60% from two or more races. Hispanic or Latino of any race were 2.78% of the population.

There were 687 households out of which 43.2% had children under the age of 18 living with them, 71.0% were married couples living together, 6.4% had a female householder with no husband present, and 19.9% were non-families. 18.0% of all households were made up of individuals and 5.8% had someone living alone who was 65 years of age or older. The average household size was 3.09 and the average family size was 3.53. In the city, the population was spread out with 33.5% under the age of 18, 9.9% from 18 to 24, 25.8% from 25 to 44, 21.7% from 45 to 64, and 9.0% who were 65 years of age or older. The median age was 31 years. For every 100 females, there were 104.9 males. For every 100 females age 18 and over, there were 98.6 males. The median income for a household in the city was $51,071, and the median income for a family was $55,809. Males had a median income of $40,870 versus $25,682 for females. The per capita income for the city was $22,551. About 3.4% of families and 5.2% of the population were below the poverty line, including 6.4% of those under age 18 and 4.9% of those ages 65 or over. Historically, the first Anglo-Americans to visit the area just east of Mount Timpanogos were members of a fur-trapping brigade led by Etienne Provost in 1824. For many years, the valley was referred to as Provo or upper Provo; the river running south through the valley still bears the name of that explorer but the town became known as Midway City. A wagon road completed through Provo Canyon in 1858 brought the first settlers to the area. In the spring of 1859, many more families began moving farther to the west along Snake Creek.

Two small communities were established, called the Upper and Lower Settlements. One was later named Mound City because of the many nearby limestone formations. Among the first families to settle here were Robey, Epperson, Bronson, McCarroll, and Smith. In 1866, Indian hostilities grew and territorial governor Brigham Young encouraged settlers to construct forts for protection. The two small settlements reached an agreement to build a fort halfway or midway between the two existing communities…thus the beginning of our modern day town named Midway. It was in the 1860s and 1870s that a large number of Swiss families arrived with names such as Gertsch, Huber, Kohler, Probst, Zenger, Durtschi, and Abegglen, among others, some still are found in Midway today. Midway was incorporated June 1, 1891. From the beginning, Midway’s industry was based on livestock and farming; however, as the town grew so did the need for building materials. In the early 1850s sawmills were built with three main operators: Henry T. Coleman, John Watkins, and Moroni Blood. In 1861, John H. Van Wagoner constructed the first commercial gristmill. Soon followed retail stores, one of which was the Bonner Mercantile Store. Later other retail stores were built by Henry T. Coleman and Simon Epperson.

As the town grew so did the need for additional stores a confectionery and grocery store, blacksmiths, livery stables, boarding houses, and other businesses soon fulfilled the growing town’s booming economy. Nearby mines, particularly those in Park City, also began to play an important economic role in many Midway households, and did so into the late 1960s. Because of the many ninety-degree-pluses hot water springs or ‘hot pots’ in the Midway area, several resorts were developed including Schneitter’s Hot Pots (now the Homestead) and Luke’s Hot Pots (now the Mountain Spa); both were established in the 1880s. Important civic improvements were made in the 1930s and 1940s. A concrete sidewalk program began in 1938, and the Midway Recreation Center, usually referred to as the “Town Hall,” was dedicated in June 1941 which is now the center of many community events including the famous Swiss Days held each fall. Midway Swiss Days brings thousands of people to its tiny town…it was originally called Harvest Days and was established in 1947 through the efforts of Luke’s Hot Pots Resort owners Joseph B. and Pauline S. Erwin and a number of local enthusiastic supporters.

The club became known as the Midway Boosters and continues today to play a role in many city improvements and activities. Although agriculture is still a significant industry, recreation has fast become an important aspect of Heber Valley’s economy. Local recreation attractions include golf courses, Deer Creek Reservoir, Wasatch Mountain State Park nationally known Homestead Resort and the Olympic Venue Soldier Hollow. Soldier Hollow is home to world-class cross-country skiing, tubing and soon will add one of the State’s largest golf courses to its venue. As the world changes so does the community and as the world discovers Midway and its charm, we hope we have captured some of the past and preserved all of those future visitors and citizens of Midway to enjoy.

How to Obtain Foreclosure Documents

You can view documents relating to a foreclosure action because foreclosures are public record. All involved parties file several documents during the legal proceedings, such as the lender’s complaint, the borrower’s answer and a signed court order allowing a public auction of the property. Foreclosure documents are useful for various reasons, including real estate investor research and a legal challenge to the action. The courthouse responsible for foreclosures in the property’s county has the foreclosure documents on file. Contact the county department of real property services or assessment if you don’t know the foreclosed owner’s name. Give the clerk the property address and ask for the name of the owner at the time of the foreclosure. Write the name down. Check the official state judicial website for a listing of county court systems. Locate the county court that handles foreclosures; the courts differ by state. Visit the county court clerk’s office. Give the clerk the owner’s name and ask for the foreclosure case records for the property. You can typically review the file on-site free of charge but might have to pay for any copies; fees vary by county court.

How Can I Find Out How Much Is Owed on a House?

Whether you’re a real estate investor looking for a bargain or curious about how much a current owner paid for a home when they bought it, the process to find the outstanding balance on a home can be accomplished in several ways–from simply asking to examining real estate records.

The easiest way to determine how much is still owed on a house is to ask the homeowner. Request to see their most current mortgage statement for all mortgages. Be sure to inquire if there is more than one mortgage on the property. If a home has entered foreclosure and is preparing for auction, it will likely be listed in the local newspaper’s Legal section. This section will give the property details, lender information, date of auction and balances outstanding on each of the mortgages.

A homeowner may sometimes be hesitant to share financial documents with you. In such case, ask the current homeowner for permission to contact the lender on all mortgages. You can call the lender in advance and ask how permission may be granted and then tell the homeowner what you need to accomplish this.

While it varies by county, some county clerk offices have a “default” section on their website. You can easily see if this exists by simply calling the county clerk’s office or by visiting their website. Those that have a page like this will list the property information, date of default and the balances owed on each of the mortgages on the property.

Although looking at a recorded deed won’t tell you how much is owed on a house, you may be able to do some basic math and at least figure a ballpark range for the remaining balance. The office of deed recordation, which is often at the courthouse, keeps all recorded deeds. You may also find supporting paperwork for the home’s original sales price. By using an online amortization calculator, you can plug in additional values, even though they are estimates, for the term of the loan and interest rate. This may at least give you a ballpark estimate if your other searches are unproductive.

It is important to know how many mortgages exist on the property if you’re going to go to the trouble of researching the balances due. It’s not uncommon these days for homes to have two mortgages. Be sure to ask for information on all the mortgages, not just the first.

Keep in mind that there may be judgments, liens and other encumbrances on a property. Always review both the tax records (available through the county clerk or treasurer office of the county in question) and information from the lender(s).

You must file a response to a foreclosure summons as soon as possible to present your side and protect your rights. A foreclosure summons is a legal document issued by the court once the lender starts the foreclosure that notifies you of the case and requires an answer. You only have a specific period of time, as set by the court system, to file your response before the court moves the foreclosure forward. Visit the court that issued the summons. Ask the court clerk for the requirements for filing the response and the response form. Complete the response. Check the court rules for the response format. You typically must address each allegation in the summons. Present facts only; do not offer information you can’t prove. Cite any information or evidence you have that proves an allegation is false. Read over the court rules. Rules vary by area, but you typically need to send copies of the response by certified mail or personal service to the other parties on the foreclosure case. Make a list of all parties to whom you must send the response. Complete any additional forms the court requires. Ask the clerk for assistance if you’re not sure about any of the sections of the forms. File the response in court. Make copies as needed. Mail or have the response personally served to each party on the case.

How to Remove Foreclosure From Your Credit Report

A foreclosure listing can significantly damage your credit rating and hinder your ability to get approved for low interest rates on new loans and lines of credit. According to the Fair Credit Reporting Act, foreclosures can appear on your credit file for a maximum of seven years. If the credit bureaus do not remove the foreclosure notation from your credit report automatically after this time frame, you can notify them of the obsolete entry and request its removal. In some cases, if your foreclosure notation contains inaccurate information, you may be able to have it removed before the seven-year reporting period expires. Obtain copies of your credit reports from Experian, Equifax and TransUnion. The Fair and Accurate Credit Transaction Act allows you the right to one free credit report from each credit bureau per year. Locate the foreclosure listing on each credit report in the “Public Records” or “Public Information” section. Check the date the foreclosure occurred to ensure that the listing is no more than seven years old. Dispute the foreclosure notation with the credit bureaus if it occurred more than seven years ago. Notify each credit bureau in your dispute that section 605 of the FCRA prohibits information related to foreclosures from remaining in consumer credit reports for more than seven years. You may dispute credit information online or by telephone, but the Federal Trade Commission recommends that you submit your dispute in writing in order to keep accurate records of the process. Examine the foreclosure entry for errors if it is not obsolete. If any information within the notation is incorrect, such as the amount you owed your lender or the date the foreclosure was filed, you may have grounds to have the entry removed early. Contact the lender that initially compiled the report if you notice a reporting error in the foreclosure notation. Inform the lender that the notation is inaccurate and needs to be either corrected or removed. In some cases, lenders would rather remove an entry than attempt to correct it. Make copies of any documentation you have that proves the foreclosure entry is incorrect. Submit this documentation, along with a copy of your credit report and a letter explaining that you want the listing either corrected or removed, to each credit bureau currently reporting inaccurate information. The FCRA allows credit bureaus 30 days to investigate reporting errors and attempt to verify or correct them. If the credit bureaus cannot verify or correct your foreclosure notation, it must be removed. File a lawsuit against the lender reporting the foreclosure if it verifies the inaccurate information with the credit bureaus. The FCRA gives every consumer the right to sue any company or individual that knowingly provides inaccurate information to the credit bureaus. Many lenders, to avoid paying a representative to defend them in court, prefer to simply remove the foreclosure listing from the plaintiff’s credit file.

How to Find Bank Owned Homes for Sale

Bank Owned Homes, also known as foreclosures or REO properties, are available in every state and most municipalities throughout the country. These properties are often priced lower than other properties in the same neighborhood. However, in order to get the best deal on a bank owned home, the buyer has to know where to look and has to get the jump on other prospective buyers. By knowing how to research properties on the Internet, anyone can find many types of bank owned homes and properties.

Find Bank Owned Properties

Check HUD.gov for properties foreclosed by FannieMae, FreddyMac or Veteran’s Affairs. These properties are for sale directly from the Federal Government and may be advertised by local Realtors who are handling the transaction for the government. Visit BankOfAmerica.reo.com to find properties foreclosed by Bank Of America and CitiMortgage.com for properties owned by Citibank. Other lenders have similar websites and can be found by internet searches of terms including the bank name and “foreclosure” or “reo”. Local banks may also be searched for foreclosure properties. Search major Internet real estate sites such as Realtor.com, zillow.com, and trulia.com with the option for foreclosure selected. Join RealtyTrac.com for the latest information on foreclosure properties from a variety of sources. While the bank or financing institution may post the property sooner, contact information may be more easily found through RealtyTrac. Work with a licensed real estate professional who has access to Multiple Listing Service (MLS) data on properties. MLS systems allow Realtors to search directly for foreclosures or REO properties by area. If you are interested in a particular neighborhood, drive through looking for homes that look abandoned or have notices such as court date or eviction notices posted.

How to Find Out If a House Has Been Foreclosed

Buying a home involved in foreclosure can have its advantages, including the opportunity to buy a home at below-value market price at public sale. However, before you can benefit from this kind of deal, the first step is finding out if any houses in your area will be sold at foreclosure auction. Check with the county recorder or tax assessor’s office. The clerk of court should be able to tell you if there is a foreclosure action on record for the owner(s) of the property you are interested in purchasing. Talk to a local real estate agent. Because many homes in foreclosure are financed by the U.S. Department of Housing and Urban Developed or the HUD through the Federal Housing Administration, an agent certified in these areas can help you find out if a particular property is in foreclosure. He or she may be able to provide a listing of other properties in foreclosure as well. Start by contacting your local board of Realtors. Find bank foreclosure homes by establishing communication with local lenders and Realtors. These are the people who manage and market foreclosures that are up for sale. Talk first with your own lender for leads on upcoming foreclosure sales. Or, contact a real estate broker in the area to ask for a referral to a REO agent who can answer questions on whether a property has been foreclosed. (An REO is a real estate-owned property.) Take advantage of the many foreclosure database services now available online. Most will charge a fee, so make certain that you will be able to access the information you need. Some of these online services offer search tools that make it easy to search for foreclosure properties directly. Many national lenders also maintain websites listing bank-owned properties.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Liability For Stolen Firearm Used In A Crime

Every year, hundreds of thousands of guns are lost or stolen in America, with one gun stolen from an individual owner every two minutes. Stolen guns can be diverted to the illegal gun market, where they are used to fuel crime across the country. Lost and stolen reporting laws help reduce gun trafficking by requiring individuals to report loss or theft to law enforcement shortly after discovering it.

Lost Vs Stolen

A lost firearm is simply that: lost. You may have left it behind at the range or it fell out of your boat when you were out fishing, or you simply can’t find it in the attic where you know for sure that you left it. A stolen firearm means that the gun owner has been a victim of theft. Someone broke into your house or into your car and stole your firearm. From a legal liability perspective, there is no difference between firearms that is lost versus stolen. In Utah, there is no law requiring a gun owner to report either a lost or stolen firearm. While it may be prudent to do so, it is not required under the law. Most people in the United States already think that it’s the law to report missing firearms. But in fact there is no statewide lost or stolen reporting requirement, even though statistics show that more crime guns come from states without lost or stolen reporting requirements.

If a person discovers that his or her firearm has been lost or stolen, he or she should report it missing to the police within a reasonable period of time. Lost or stolen reporting is a reform designed to crack down on the major sources of gun crimes: loss, theft, and straw purchasers people who buy guns and then sell them to people who can’t legally buy guns themselves. It’s commonsense, and even more importantly police tell us this policy works. Most guns used in crimes were once bought legally, and then through loss, theft, or improper transfer, made their way into the hands of criminals. By requiring missing firearms to be reported, police can begin looking for a lost or stolen gun before it winds up at the scene of a crime. In addition, if a gun that was already reported as lost or stolen is later used in a crime, the police do not need to waste valuable time questioning the original owner about the whereabouts of his gun. Finally, when police repeatedly trace crime guns back to an owner who claims each gun was “lost” but never reported, police may be able to flag a potential trafficker or straw purchaser.

SB438 and HB1288 will require gun owners to report the loss or theft of a firearm within 24 hours of the discovery of the loss or theft. The legislation would also hold a firearm owner, who fails to report the loss or theft of a firearm that is later used in the commission of a crime, civilly liable for any damages resulting from that crime. This is a legitimate, commonsense law enforcement tool.

Federal law requires licensed firearm dealers to report lost or stolen guns to local authorities or the U.S. Attorney General within 48 hours (18 U.S.C. 923). There is no federal law requiring individuals to report lost or stolen firearms. A person is immune from civil liability based on an act or omission related to the use of a firearm or ammunition for a firearm by another person if the other person directly or indirectly obtained the firearm or ammunition for a firearm through the commission of the following: Burglary; Robbery; Theft; Receiving Stolen Property; and Criminal Conversion. Laws that require firearm owners to notify law enforcement about the loss or theft of a firearm serve several public safety functions. These laws help deter gun trafficking and straw purchasing, and help law enforcement recover and return lost or stolen guns to their rightful owners. They can also help law enforcement disarm individuals who become ineligible to possess firearms. Stolen guns that enter the illegal market are an appealing source of firearms for people who are legally prohibited from having guns. Lost and stolen reporting requirements can help prevent straw purchases and illegal gun trafficking—measures which in turn help keep firearms out of the hands of prohibited persons. In addition to reducing illegal gun crime, reporting laws may make gun owners more accountable for their weapons. These laws can help protect rightful gun owners from unwarranted criminal accusations when a gun that was lost or stolen from them is later recovered at a crime scene.

Lost and stolen reporting requirements

Lost and stolen reporting requirements can help prevent straw purchases and illegal gun trafficking—measures which in turn help keep firearms out of the hands of prohibited persons.

• Lost and stolen reporting laws can help prevent straw purchases—purchases in which someone who can legally purchase a firearm buys it for someone who can’t legally buy it him or herself. Without reporting laws, straw purchasers can simply claim that a gun they bought and gave to a prohibited person was lost or taken in an unreported theft.

• Reporting laws also help ensure that prohibited persons—such as people who have a serious criminal conviction or are subject to a domestic violence restraining order—cannot falsely claim that guns have been lost or stolen when law enforcement moves to remove firearms from their possession.
• Lost and stolen reporting laws also help prevent gun trafficking across state lines.

Theft or Loss Reporting

Three states specifically require dealers to report to state and/or local authorities the theft or loss of any firearm, while other states apply this requirement to firearm owners generally. California requires firearms dealers to report theft or loss of any firearm or ammunition, and ammunition vendors to report the theft or loss of any ammunition, to the local law enforcement agency where the dealer is located within 48 hours. Massachusetts requires dealers to report any theft or loss to the local licensing authority and to the state Criminal History Systems Board. New Jersey requires dealers to report the loss or theft of firearms or ammunition to the local police force or the state police within 36 hours.
States with Mandatory Loss/Theft Reporting Laws
• California
• Connecticut
• Delaware
• District of Columbia
• Hawaii
• Illinois
• Maryland (loss or theft of handguns and assault weapons only)
• Massachusetts
• Michigan (firearm thefts only)
• New Jersey
• New York
• Ohio
• Rhode Island

Liability for Stolen Firearms

In New Jersey, if a registered assault weapon is used in the commission of a crime, the registered owner of that weapon is civilly liable for any damages resulting from that crime. This liability does not apply if the assault weapon was stolen and the registered owner reported the theft to law enforcement within 24 hours of his or her knowledge of the theft.
In Utah, a person is guilty of community endangerment due to unsafe storage of a firearm if a prohibited person gains access to a firearm they own and carries it in an intimidating manner, discharges, or causes injury with it. This liability does not apply if the weapon was reported stolen and the owner reported the theft to law enforcement within five days of his or her knowledge of the theft.

Enforcement and policy approaches to reducing gun theft

Law enforcement officials across the country have become increasingly concerned about gun thefts from both gun stores and individual gun owners. These organizations have proposed several policies and actions that can be implemented to mitigate the number of stolen firearms. ATF has grown increasingly concerned about burglaries and robberies of licensed gun dealers. ATF identified the increasing number of burglaries and robberies from gun dealers as one of the primary “external challenges” that are straining the agency’s limited resources. In addition to investigating each of these incidents, in January 2017 ATF launched a new system called fflAlert to notify gun stores of thefts in the area. ATF has also issued guidance to licensed gun dealers on steps they can take to “diminish risk” of theft or loss of guns in their inventory, such as evaluating potential security weaknesses with entrances, windows, and locks; installing an alarm system and video cameras; conducting a regular inventory reconciliation; and storing guns in a secure manner when the store is closed. Gun industry experts, such as the National Shooting Sports Foundation, a trade association for the gun industry, offer similar guidance to gun dealers. Under current law, however, ATF can do little more than offer voluntary suggestions to improve security at gun stores. Although ATF is the federal agency charged with licensing and regulating the gun industry, including licensed gun dealers, it does not have the authority to mandate that dealers implement any specific security measures designed to prevent theft. Nine states and Washington, D.C., have enacted laws to partially fill this gap and require gun dealers to implement some specific security measures, but such steps fall short of a comprehensive solution to the rising rate of firearm theft from gun stores. Congress should enact legislation that mandates certain security requirements for licensed gun dealers and gives ATF the authority to ensure compliance with these requirements. Local law enforcement agencies across the country also are becoming increasingly concerned about gun thefts from individual gun owners, particularly thefts from vehicles. Local police officials offer a few recommendations to gun owners for preventing gun theft, including not storing guns in vehicles or—if it is necessary to do so—storing them in a locked compartment in the vehicle. Only four states have enacted laws requiring gun owners to keep guns locked in certain circumstances, although 27 states have enacted laws designed to prevent children from accessing guns stored in the home, which generally impose civil or criminal liability for failure to do so. States should consider implementing laws or policies that require or incentivize gun owners to store guns securely to help protect against theft. Police also recommend that gun owners take note of the make and serial numbers of all guns in their possession so that they could help with an investigation should the guns be stolen. Additionally, law enforcement officials have expressed concern that expansive state gun laws that allow guns to be carried in more locations create additional opportunities for guns to be stolen.

In addition, collecting comprehensive data on the number of guns stolen in the United States poses a substantial challenge, as there is no federal law requiring gun owners to report such thefts to law enforcement. Only nine states and Washington, D.C., have enacted state laws mandating that gun owners report when guns in their possession are stolen or lost. As a result, the data available to local law enforcement which are then collected and aggregated by the FBI are undoubtedly an undercount of the problem, as not all gun owners report these losses. The lack of mandatory reporting of stolen guns also enables gun trafficking and straw purchasing by eliminating accountability and allowing individuals whose guns end up used in connection with crime to simply say that the guns were stolen. To help ensure a more accurate assessment of the prevalence of gun theft in the United States, Congress and state legislatures should enact laws requiring all gun owners to promptly report stolen or lost guns to law enforcement. Utah does not have a law that requires Gun owner to report missing or stolen gun.

How to prevent the loss of a firearm?

• Buy a good CCW holster: People don’t think about dropping money on a high performance compact concealed carry firearm but they’ll balk at buying a concealed carry holster.
• Retention: Being accountable for your firearm at all times means knowing it’s fixed to your waistband, or secured in a shoulder holster, ankle holster or in a pocket holster. Whether you decide to open carry and go with an outside the waistband holster or carry concealed within the waistband, you need to know your firearm is going to stay put.
• Keep the Bill of Sale separate from the firearm: If a firearm gets stolen, the last thing you want going with it is the legal bill of sale. That’s the proof it’s your firearm. Keep that separate in a safe, secure location.
• Take pictures of the serialized portions of the firearm: Particularly, take pictures of the upper receiver and lower receiver (if a pistol). This is ground zero proof that this weapon, alongside your bill of sale, was indeed your weapon. If it comes time to recover it, you have that evidence. If you have to report the loss of this weapon, it’s also proof for the police that this weapon is indeed out of your custody.
• Keep unused concealed carry weapons in a gun safe: Yes, a gun safe can be crated out by a dolly. It has happened. However, it’s far less convenient to wheel a stolen gun safe off into the night than it is to haul a bunch of firearms. Don’t make a thief’s job easy – use a gun safe. This is just a great idea for keeping weapons out of the hands of unwanted parties.

Utah Gun Lawyer

When you need legal help from a Utah Gun Lawyer, 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
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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