Parker & Erb, LLC

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Medina bankruptcy forclosure defense attorneyFor many Americans, foreclosure is a scary situation that can seem unavoidable when you are in the middle of it. However, there are many options available to those who are facing foreclosure, depending on whether your financial distress is permanent or temporary. If you are having trouble temporarily paying your mortgage, reinstatement, a repayment plan or forbearance can be options to help you keep your home. If your financial distress is more permanent, you could look to bankruptcy as a way for you to keep your family home.

The Automatic Stay and How it Helps

When you file for bankruptcy, all collections for any debts that you might owe must come to a stop. The United States Bankruptcy law created what is called an “automatic stay.” The automatic stay goes into effect the moment you file for bankruptcy and prevents creditors, collections agencies, government entities and other people from trying to collect debt from you. This also includes banks or lenders who are trying to collect mortgage payments from you. The automatic stay also prevents creditors from starting court cases against you about unpaid debt, making motions to foreclose on your home or proceed with the foreclosure if one was already started and trying to repossess collateral for debts that you owe.

Chapter 7 vs. Chapter 13 Bankruptcy and Foreclosure

Typically, filing for a Chapter 7 bankruptcy will not prevent a foreclosure on your home. Chapter 7 bankruptcies usually only last for a few months and after the bankruptcy case is over, the automatic stay is also lifted. This means that your mortgage lender will be able to contact you about your payments again. Usually, the benefit of a Chapter 7 bankruptcy is time. The bankruptcy allows you more time to renegotiate the terms of your mortgage with your lender or to negotiate a repayment plan that works for you.

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Medina County foreclosure attorney.jpgFor many people, part of the American dream is to own a home. That dream can turn into a nightmare if you are facing foreclosure like an estimated 362,275 families were reported to be in the first half of 2018. One of the most important things to realize is that if you are suspecting you will be hit with a foreclosure notice, you should take immediate action before that happens. The sooner you ask for help, the better off you will be. Though you may be thinking you will be evicted if you receive a foreclosure notice, you do have options.

Ohio Foreclosure Procedure

In the state of Ohio, your lender must go through the judicial system in order to foreclose on your home. This can be a good thing for homeowners. This means you have a right to contest any foreclosure complaint that is filed against you. Once you have missed three payments on your mortgage, your lender can file a foreclosure complaint against you, beginning the foreclosure process. Once that happens, you will be notified and sent a summons to appear in court. You must answer the summons within 28 days, after which you may be allowed extended time to work out a repayment modification with your lender.

Talk to Your Lender

The first thing you should do when you are having trouble making mortgage payments is to talk to your lender. It is important to examine your situation and look at your finances. Are you in financial distress temporarily or permanently?

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Medina County estate planning attorneyEstate Planning is something that should be on everyone’s mind - regardless of age. If you are part of the estimated 30% of Americans who own a gun, you should include a gun trust as a part of your estate plan. A gun trust is a specifically-created trust that can hold firearms that are controlled by the National Firearms Act (NFA), which can include shotguns, rifles, machine guns, silencers, and other explosive devices. Having a gun trust can help you keep certain firearms in the family and can provide many benefits to gun owners. Here are four benefits of having your gun trust as a part of your estate plan:

You Can Share Possession of Firearms

Because you can name multiple trustees, a gun trust allows more than one person to possess and use the firearms included in the trust. Only the sole owner can use weapons excluded from the document.

Your Guns Avoid Probate

When a person dies, their assets go through probate - unless their assets are in trusts. Probate is the process of verifying a person’s will and ensuring their assets go to the correct beneficiaries. When you put your assets into a trust, they bypass the probate process; meaning there is almost complete certainty that your firearms will be possessed by whom you specified.

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Medina county gun trust attorneyCreating an estate plan is a good idea for anyone, regardless of age. Many people in the U.S. own firearms--an estimated 30 percent of Americans own at least one gun. For these Americans, planning what happens to those guns after their death is an important consideration. Transferring the possession of firearms can be complicated, but using a gun trust can help streamline the process. For gun owners, gun trusts are a valuable part of a solid estate plan. 

Background of National Firearms Act

The National Firearms Act (NFA) is the set of laws that regulate the making and transfer of firearms. Firearms that fall under the control of the NFA include:

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Medina divorce child custody lawyerWhen you decide to get a divorce, there are many things you have to consider as you and your spouse separate your lives from each other. If you have children, there are even more things you have to deal with, such as who the child will live with and how to divide or share decision-making responsibilities. Divorcing with children is not easy, but it does not have to be overly complicated and difficult. If you have the help of an experienced divorce attorney, many of your child custody issues can be dealt with as well.

Parental Rights and Responsibilities

Like many states, Ohio no longer uses the term “custody.” Instead, Ohio determines what rights and responsibilities each parent will have in regard to the child. There are two types of parenting arrangements that Ohio courts usually assign:

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