Many homeowners have fallen behind on their mortgage, and could soon be on the path to foreclosure without permanent help. If this sounds like your situation, you may be eligible to modify your mortgage. Modification options were designed to help homeowners make their payments more affordable. Glenn E. Forbes has worked with many mortgage companies and clients to lower mortgage payments and keep hard-working people in their homes.
A modification involves one or more of the following:
~ Changing the mortgage loan type (e.g., changing an Adjustable Rate Mortgage to a Fixed-Rate Mortgage)
~ Extending the term of the mortgage (e.g., from a 30-year term to a 40-year term)
~ Reducing the interest rate either temporarily or permanently
~ Adding any past-due amounts, such as interest and escrow, to the unpaid principal balance, which is then re-amortized over the new term
In 2017, under what is known as “Annie’s Law,” the look-back period for OVI/DUI offenses in Ohio was extended from 6 years to 10 years. As a result, if you had one prior OVI/DUI conviction (whether through a plea deal or at trial) in the past 10 years, and are charged with a second OVI/DUI offense, the new charge will be considered your second OVI/DUI. In addition, if you were previously charged with an OVI/DUI offense and refuse to take a chemical breath, blood or urine test, the look-back period is extended from 10 to 20 years.
Having a second or greater offense within the look-back period will increase your penalties for a current offense significantly. For each consecutive offense, the penalties for an OVI/DUI conviction will increase in terms of fines, length and terms of license suspensions, and length of mandatory confinement and alcohol awareness/treatment programming. A felony charge may result in a long prison term, mandatory alcohol or drug treatment, a permanent driver’s license suspension, forfeiture of your vehicle, and expensive fines.
In Ohio, anyone who operates a motor vehicle under the influence of alcohol, with a BAC of .17% or higher may be charged with an aggravated or high test DUI. Otherwise, if your BAC tested at .08% to .16%, you will be charged with a standard DUI.
The penalties for a standard (low tier) OVI conviction may include:
1st Offense: 3 days to 6 months of jail time, fines from $375 to $1075, and a license suspension of 1 to 3 years
2nd Offense: 10 days to 6 months of jail time, $525 to $1,625 in fines, and a license suspension of 1 to 7 years
3rd Offense: 30 days to 1 year in jail, $850 to $2,750 in fines, and a license suspension of 2 to 12 years
If you are convicted of a low-tier OVI, the judge may order you to participate in the Community Control Sanction. This sentencing alternative will reduce your jail time, and require you to complete a treatment program and (1) participate in a driver’s intervention program for at least 3 days (first offense); (2) serve 5 days in jail and 18 days under house arrest with alcohol electric monitoring (second offense); or (3) serve 15 days in jail and 55 days under house arrest with alcohol electric monitoring (third offense).
If you are convicted of a high test or aggravated OVI, then you will face the following additional penalties:
1st Offense: 3 days in jail and 3 days of a driver’s intervention program;
2nd Offense: at least 20 days in jail or 10 days in jail and 36 days on house arrest with monitoring under the Community Control Sanction
3rd or Greater Offense: 60 days in jail or 30 days in jail and 110 days on house arrest with monitoring under the Community Control Sanction
For any OVI conviction, a judge may also order substance abuse treatment. This is an option for first-time offenders, but second offenders must complete a substance abuse assessment, and third offenders are required to undergo treatment.
A foreclosure on your house is stressful, depressing, and worrisome. But the foreclosure filing by a bank is not the end of the story. There are defenses to foreclosure and opportunities for loan modifications or mediation. Glenn E Forbes has handled scores of foreclosure defense cases and scores of mediations. If a bank has threatened to foreclose on your house or has filed a foreclosure, do not hesitate to consult Glenn E Forbes.
Our firm is capable of handling litigation matters in state and federal courts. Although litigation may be expensive, sometimes it is necessary. We are able to handle litigation matters from the filing of the complaint and answer through the appeals process. We handle all litigation matters with a view toward obtaining an appropriate result at a reasonable fee. Glenn E. Forbes has litigated thousands of matters over the years, has participated in hundreds of bench and jury trials and probably taken at least 1000 depositions. FORBES LAW LLC is happy to consult with clients on litigation matters.
So, WHAT is litigation? Simply stated, the procedures that follow the filing of a lawsuit can be called LITIGATION. A lawsuit is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant’s actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment will be given in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. Sounds easy enough, right?
Rules of civil procedure govern the conduct of a lawsuit in the court system. Procedural rules are additionally controlled by separate statutory laws, case law, and constitutional provisions that define the rights of the parties to a lawsuit. The details and/or requirements of procedure differ greatly from jurisdiction to jurisdiction, and often from court to court within the same jurisdiction. For example, a lawsuit in a municipal court may have different rules and procedures than a lawsuit filed in a common pleas court or a federal court. The rules are very important for litigants to know, however, because they dictate the timing and progression of the lawsuit—what may be filed and when, to obtain what result. Failure to comply with the procedural rules may result in serious limitations upon the ability to present claims or defenses at any subsequent trial, or even dismissal of the lawsuit.
OVI/DUI & OTHER MISDEMEANORS
1. Failure to comply with rent deadlines
Rent is usually considered late a day past it is due. A grace period may be available if stated in the lease/rental agreement.
Before a landlord can start the eviction process, they are required to give the tenant an official written 3-Day Notice to Pay.
If rent is paid within those 3 days, then the filing for eviction does not continue. If they are unable to pay, the landlord reserves the right to continue filing for eviction.
2. Violation of the lease/rental agreement
The rental lease agreement has to be upheld by both tenant and landlord for the entire duration of their stay. Agreements may vary from tenant to tenant.
If a tenant violates any terms from the lease agreement, the landlord has to issue a 3-Day Notice to Quit.
Lease violations may include:
If the violations are not resolved or they remain on the property, then the landlord may continue with the eviction.
Landlords are not legally obligated to allow the tenant to resolve the violation before presenting them with the notice to leave.
3. Non-renewal of the lease after the rental period ends
In Ohio, landlords cannot evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends.
Forbes Law LLC
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Glenn E Forbes
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The information you obtain at this site is not, nor is it intended to be, legal advice
You should consult an attorney for individual advice regarding your own situation.
4. Conducting illegal activity
If a tenant has engaged in illegal behavior within the property, the landlord has to issue an official written 3-Day Notice to Leave.
Examples of illegal activities are:
The above also applies if a guest or co-resident living with the tenant commits the illegal acts. Landlords are advised to keep a close eye on their tenants to make sure illegal behavior does not go unnoticed.
5. Material health or safety violation
Ohio law takes into account the health, building, safety, and housing codes. If a tenant violates any of these codes, the landlord has to issue a 30-Day Notice to Comply to allow the tenant time to fix the problem.
Violations under this could include:
The tenant has to finish repairs or fix the problem by the end of 30 days. If they are unable to do so, the landlord may continue filing for eviction.