Get Out Of Debt

Doctor malpractice is one of the scariest possibilities when you are going in to be treated by a physician. Whether or not you are going to their office or seeing them in a hospital, it is important that you understand what doctor malpractice is and if you can or should file a claim.

The first item to address is yes, you can file a claim if you are a victim of doctor malpractice. It doesn’t matter that you signed a form when you went in to see the doctor or checked into the hospital granting consent for treatment. You gave permission for a procedure to be carried out properly, by proper staff. Don’t let the hospital, doctor or attorney for any of these entities try to tell you otherwise. You have the right to seek damages for the injury or loss that you suffered.

This is not to say that if you are not happy with the result of a treatment, procedure or office visit that you can sue the doctor.

There are certain requirements that must be there for it to be considered malpractice. For example, if your doctor does not treat a problem correctly, new problems can arise from the wrong treatment. You can file a doctor malpractice suit.

If through the negligence of your doctor a diagnosis is given too late for a treatment to do any good for you or your loved one, this is grounds for a malpractice suit. Likewise if the wrong diagnosis is given and then the wrong treatment is given you have grounds for a malpractice suit. During a procedure where the patient is under anesthesia or if the patient is having surgery and there are things that go wrong that could have easily been prevented by the doctor, you have grounds for malpractice.

The wrong medication being prescribed or the wrong dosage being prescribed can also be grounds for malpractice.

It may seem as though a malpractice suit can happen over many things, and it can. What you need to know is that you are going to need to provide documentation. This is why it is important that you get a copy of your medical records, and that you keep them. You should also keep track of any and all discharge instructions you are given when leaving the office or the hospital. The last thing you want to have happen is a loss of the doctor malpractice suit because the documentation was not there. As well, you may want to also keep a diary of your own notes, since if things start to really go south, you may not be in a position to remember things accurately.

Everyone should also know that malpractice is not limited to your physician. Professionals such as dentists, lawyers and doctors can all have malpractice suits drawn up against them. By law, malpractice is the dereliction of a professional’s duty due to negligence or incompetence by that professional or the institution.

A recent RAC survey conducted with 20 local councils around the country, has been published by Aviva and highlights a worrying increase in the problems caused by potholes in the nations roads. The facts that are shown in the survey only strengthen the needs for traders to make sure that they are covered by the right motor trade insurance policy.

Obviously one of the major factors that has lead to more problems on our roads is the fact that we have had yet another harsh few months over the winter period, with most of the country covered by snow and ice. However, a somewhat more worrying finding is that a lot of the problems can be put down to the spending cuts brought in by the Government.

One of the main aspects that is reported indicates that 60% of local councils (82% for rural areas) are resorting to short term repairs to the surfaces of roads due to the Governments budget cuts.

This is clearly not going to be cost effective in the long term as it means that the repairs will simply need to be done over again. With half of the councils surveyed stating that there was still outstanding repair work from last year’s winter weather it is easy to see why the roads are becoming worse as the damage has been added to.

The RAC’s figures show that the number of call outs that they have received due to potholes or poor roads has increased by 25% over the last 12 months. The most common damages that had occurred where as follows;

Wheel & tyre damage
Suspension
Steering
Windscreen
Bodywork

If you are driving your own trade vehicle or, even worse a customers, and it ends up damaged then you could be out of business for a few days or be faced with a hefty bill.

With increases in road tax and the seemingly never ending rises in the price of fuel, damage repairs are the least thing that anybody will want to have to fork out for.

This is even more true for traders who often rely on their vehicle to earn a living and it only highlights how important it can be to make sure that you have a sufficient level of motor trade insurance cover. If you are unsure about any aspects of your policy then it as always advisable to speak to you broker and they will be able to provide you with all of the necessary information.

Introduction

Eviction (called “forcible entry and detainer” in Texas) is a process by which an owner recovers possession of real property and, if appropriate, a judgment for unpaid rent, attorney’s fees, and court costs against a tenant or occupant. Forcible detainer actions are held in Justice Court which has original jurisdiction over possession. The landlord’s objective is to gain a judgment and a writ of possession.

Foreclosure is the procedure by which a lender obtains both possession of and title to real property or, if the bidding is sufficiently high, liquidates its interest in the property entirely by means of a sale to a third party. Most foreclosures are non-judicial (ie., they occur without participation of a court) and are held on the first Tuesday of every month. The objective is to satisfy the debt and cut off all competing claims to or against the property.

Evictions

Evictions or “forcible detainer” actions are governed by Sec.

24.01 of the Texas Property Code. They are appropriate if there exists a landlord-tenant relationship (with or without a written lease) or if a person is occupying real property without authority to do so. After proper notice is given, the eviction must be filed with the Justice of the Peace in whose precinct the property is located. This Justice Court, and only this court, has original jurisdiction over possession of the property. At an eviction hearing, the judge determines which party has the superior right to possession and what damages (ie., back rent, attorney’s fees, and court costs), if any, will be awarded to the landlord. These are the only issues to be considered by the court. A counterclaim by the tenant, regardless of subject matter or merit, is not permitted. Legal actions by tenants may be brought by separate suit in Justice, County, or District Court.

Within 5 calendar days of judgment, the tenant can appeal to county court, with or without good reason, which results in the file being sent to the county courthouse where it will be heard as a new case. The Justice of the Peace will set an appeal bond, which may be waived if the tenant files an affidavit stating that he cannot afford the bond (also known as a “pauper’s oath” or “pauper’s bond”). Once an affidavit of this kind if filed, the landlord has the right to request a hearing and contest it, although it is generally pointless to do so – it is usually granted, and the file is turned over to the county court.

This appears unfair to the landlord; note, however, that if the pauper’s affidavit is granted, the tenant is then obliged to make monthly rental payments to the county court. Otherwise, if a cash or surety bond is posted, there is no requirement that the tenant pay rent while the appeal is pending. It is therefore good practice for the landlord’s attorney to file a motion requesting payment of rent into the court registry even if there is no pauper’s bond. A preferential setting should also be requested if the county court in question does not already automatically provide it for eviction cases. If the tenant is a professional deadbeat who has played this game before, the property can be tied up for several months.

If the tenant does not appeal within 5 days, the judgment of the Justice Court is final and the landlord may proceed to enforce the judgment by obtaining a writ of possession. This requires going to the county clerk’s office and paying a nominal fee. The constable will then usually post a notice on the tenant’s door allowing 48 hours to move out. After that, the constable may forcibly evict the tenant and put the tenant’s possessions in storage.

Foreclosures

Foreclosures may be judicial (ie., ordered by a court) or non-judicial (done without court involvement by auction “on the courthouse steps”).

The remedy of foreclosure is available to lenders if the borrower defaults. Defaults may be monetary or technical, ie., a breach of the covenants made by the borrower in the loan documents. In order to determine if there has been a “default,” the loan documents – the note, the deed of trust, the loan agreement, and so forth – must be carefully consulted. Specified notice and other requirements must be followed if the foreclosure is to be valid.

Non-judicial foreclosures are governed by Sec. 51.002 et seq. of the Texas Property Code. Foreclosures are conducted on the first Tuesday of each month between the hours of 10:00 a.m. and 4:00 p.m. at the courthouse of the county in which the property is located. Notices must specify a 3 hour period during which the sale will take place. At least two certified mail notices are usually required, a “Notice of Default and Intent to Accelerate” which affords an opportunity for the borrower to cure the default (at least 20 days for a homestead, although if the deed of trust is on the FNMA form, 30 days notice of default should be given); and a “Notice of Acceleration and Posting for Foreclosure” (at least 21 days before the sale date). “Acceleration” is defined as the declaration by the lender that the entire amount of an installment debt is now fully due and payable.

Both notices are addressed to the last known address of the borrower contained in the lender’s records, but it is wise for the lender to double-check this to avoid later claims by the borrower that notice was defective. It is prudent to send the notices by both first class and certified mail. The content of foreclosure notices is technical and must be correct to insure a valid foreclosure that cannot later be attacked by a wrongful foreclosure suit.

In all foreclosures, the lender should consider doing a title search to ascertain, among other things, if there is an IRS lien. If so, the IRS must be notified 25 days prior to the foreclosure sale if that lien is to be removed. Otherwise, the IRS lien will survive the foreclosure. Stewart Title Services and other title companies do these searches or “down dates” for a modest fee.

In order to determine a fair bid price for the property, the lender may wish to order a broker’s price opinion (BPO). Otherwise, the lender often bids the amount of the debt plus accrued fees and costs.

The effect of the foreclosure is to cut off and eliminate all junior liens, including mechanic’s liens.

If the price at which the property is sold a foreclosure is less than the unpaid balance on the loan, resulting in a deficiency, a suit may be brought by the lender to recover this deficiency any time within 2 years of the date of foreclosure. Federally insured lenders have 4 years. As part of a defense to a deficiency suit, the borrower may challenge the foreclosure sales price if it is below fair market value, and receive appropriate credit if it is not. Any money received by a lender from PMI (private mortgage insurance) is credited to the account of the borrower. One case states that the purpose of this “is to prevent mortgagees from recovering more than their due.”

Lenders generally bid the amount of the debt and often acquire the property in this way. If the sale generates proceeds in excess of the debt, the trustee must distribute the excess funds to other lienholders in order of seniority and the remaining balance, if any, to the borrower.

Compared to other states, Texas is fortunate to have a streamlined non-judicial foreclosure process that takes only a minimum of 41 days (although good lawyers never cut it that close). The advantage for the foreclosing party is that there are no effective defenses to this process except for the borrower to block it with a temporary restraining order or file bankruptcy. For either option, the buyer needs money and an attorney.

Suits for Wrongful Foreclosure

A suit for “wrongful foreclosure” can be filed if there are grounds for alleging that the loan documents (ie., the note and deed of trust) were defective in some way; if the notices leading up to the foreclosure were defective; or if there was some impropriety in the sale itself.

As a general rule, it is more effective to obtain a TRO to stop a foreclosure in the first place. Texas law favors the finality of foreclosures, making wrongful foreclosure suits an uphill battle. Note also that if the property was sold to a third party (ie., the lender did not acquire it) there is little chance that the borrower will get the property back. The borrower’s remedy will likely be limited to monetary damages.

If a wrongful foreclosure suit is being considered, it should be filed quickly so that notice of the suit (called a “notice of lis pendens”) can be filed in the real property records. If the lender was the successful bidder, this notice may result in effectively preventing the lender from transferring the property to a “bona fide purchaser” (a third party who does not have notice of the borrower’s claims). Again, once that transfer takes place, it is unlikely that the borrower will ever recover the property.

Post-Foreclosure Eviction

After the foreclosure is finished, it may still be necessary to evict the borrower in the usual way. If the borrower continues in possession, the owner must give the usual 3 day notice to vacate, file a forcible detainer petition in justice court, get it served, get it heard by the Justice of the Peace, and then wait 5 days for a final judgment and a writ of possession. The lender must then wait until the constable makes time to post a 48 hour notice on the door and then forcibly remove a borrower who is otherwise unwilling to leave. Elapsed time? Three to four weeks at best.

Right of Redemption

Finally, there is no right of redemption after a Texas foreclosure unless the property was sold for taxes (2 years for homestead, 6 months for non-homestead).

Most landlords try to screen their potential boarders but even if you do this, you can’t make a full assessment of their personality with just a simple interview. Sure, you can do a background check on them to make sure they don’t have any criminal records but you can’t really gauge how capable they will be in taking care of your home.

This is why it is an excellent move for any landlord to take out a house insurance policy for the homes they are renting out. Even if the tenant turns out to be a careless slob who leaves stains everywhere or constantly leaves the doors unlocked, practically inviting robbers inside, your home will be protected against any damages they may make.

Typically, a rental house insurance policy will not cover the furniture and other items inside the house since those belong to the tenant. If anything gets stolen, it will be their loss and you will not be liable to them since your house insurance only covers the actual structure and fixtures in the house.

An issue you need to clarify before taking out a rental house insurance policy is whether the home will be left vacant for long periods of time. Usually, house insurance coverage will not include damages or losses that occurred more than 30 days after the house has been vacant.

This issue could be a big deal for landlords because some tenants might leave for a long summer vacation without informing you, leaving the home unoccupied and uncovered by house insurance. Another situation is when you are between tenants. There could be slow seasons when it will take a long time to find new tenants after the previous occupants have left. To avoid these situations, you can find house insurance policies that allow up to 90 days for your home to be vacant.

Many rental house insurance companies will be interested to know about the people who are renting your home. If the occupants are a homely middle-aged couple who regularly attends Thursday night bingo, you will probably be able to get excellent coverage on your house insurance policy. However, if your tenants are members of a college rock band who are more likely to go on a destructive rampage, you will surely have a difficult time finding a company to give you a decent Homeowner Insurance Guide coverage.

Of course these are extreme examples but you get the idea. More damage means more claims and more claims means more cash out for the insurance company. In fact it means more cash out for you as well because will have to shoulder the excess from your claims.

To summarize this all, you just need to find the right house insurance policy for your rental home and you can make your rental business grow in no time.

There are many risks to purchasing cheap flashlights. One issue you will have to face in the near future is a broke flashlight. You can throw it out since you just purchased it cheap but if you don’t want to add up to the increasing garbage collection of this cosmos, you can still save your flashlight and help prolong its life.

How you will fix it will depend on the damages. If it has been considerably damages or the vital parts have shattered when you dropped it, you cannot possible expect it to work like new again. But if there are just some wiring defects, you can still do some repairs.

Step 1: One main reason why this is not working is because of a loose battery connection. Often times, the batteries are not properly intact and they are not connecting with the resister. One solution you can try is to put washer first before the batteries.

Step 2: Open the compartment for the battery. Put the first line of battery and then line it up with washers. This will make it a little tighter when you out the next layer of battery. Now put the next layer of battery. It should push right to the resistor to connect it better. Test the flashlight if it is working again.

Step 3: Another problem could be the bulb. The bulb might have fused out or the wires were burned. Open the top lid of the head of the flashlight. Twist the cap of the lid off and then set it aside. Carefully remove the bulb. If it has been connected by plates or screws, remove those first but make sure not to damage anything. Replace it with another bulb and put the new bulb in much the same way as the old. Insert the wires in the wire slots. Place the lid back on and twist it until it locks.

Step 4: Place the batteries after doing the previous step and then test it. Switch it on. If it is not yet working, there could be something wrong with the circuit inside the flashlight. In this case, you should consider replacement.

It is better to invest in a good brand in the first place so you can use it for a long time. It beats having to buy a new flashlight every year and adding up to the growing pile of unrecyclable stuffs.