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Rhode Island Family Law – Children, Schools, Schooling And Education

admin — Mon, 09 Aug 2010 22:22:41 +0000

Though not specifically addressed within the realm of Rhode Island divorce proceeding, a particular issue has raised its head several times in my practice over the years in the form more of a particular factual set of circumstances rather than as a direct legal issue itself.

A recent call presented this scenario from a Rhode Island lawyer and colleague who was endeavoring to assist clients with a preplexing issue. It went something like this.

Two parents who have not yet become a divorce statistic have moved across the country. Their minor child has remained with a friend (unrelated by blood or marriage to either parent) here in Rhode Island to provide consistency with the child remaining in his current school system, etc. The parents would like to have the child remain with the friend through the remainder of his or her schooling. The friend is presumably agreeable to his as long as the parents continue to provide the financial support necessary for the child and that the friend is not held responsible for any liability of the child. The friend also needs the authority to be able to act in the best interests of the child and take legal action as necessary to enroll the child in programs, receive confidential health care information regarding the child, etc…

This of course causes a variety of questions to arise that the colleague wanted my input on. The general question was, how should this be done properly (i.e. legally) to be able to accomplish what they would like to do.

The tremendous number of Rhode Island family law questions that this factual situation presents is remarkable and therefore, I will end this particular blog post with the questions it raises rather than simply providing the answer I believe is appropriate under the circumstances.

Now you may be saying…. huh . . . Chris, what the heck are you doing? This is a Rhode Island Divorce Tips blog. What you’ve set your self up for is to give us TIPS and HELP on these issues, not to give us the darn questions and have us figure it out for ourselves!

This may or may not be a semi-useless exercise but it is one that I wanted to try. True, this is a Rhode Island Divorce Tips blog and that it is my intention to give at least some general guidance regarding the issues presented as opposed to any specific legal advice. Yet the one common thread that I have found in writing this Rhode Island divorce and family law blog is that when people contact me about these issues they rarely appreciate the nature and depth of the issues or the true value that are getting by some insight from a legal professional who is trying to assist in the understanding of these issues.

In truth, it seems that Rhode Islanders, divorce and family law clients, and even other Rhode Island lawyers who don’t practice in the areas of divorce and family law have a greater appreciation of the the depth and complexity of these legal problems and issues if they at least consider the questions. . . .or by considering the number and type of questions that present themselves to a legal practitioner when he or she either endeavors to provide some helpful information on a Rhode Island legal issue
relating to divorce and family law.

Ultimately, is you consider the Rhode divorce and family law questions presented before receiving the answer directly, you gain a better understanding and appreciation of what legal professionals offer in their services and perhaps why their education is so costly which often necessitates rates that seem out of whack with today’s minimum wage.

All this digression from the topic aside, consider these various questions that this scenario presents:

1. Can an unrelated person be given legal authority over all aspects of their minor child’s life?

2. Can custodial rights be given or assigned to another person?

3. What are the bodies of rights that a parent has with respect to a child?

4. How would you absolve people who take in your child from any liability for decisions relating to your child?

5. If you have your child stay with an unrelated person iin a particular school district n order to keep the child in a particular school system, is this perpetrating a fraud upon the school department.

6. If you can place your minor child with another person voluntarily and you do so, what are your obligations to support that minor child?

7. If place your minor child with an unrelated person voluntarily and with the person’s consent and agree to continue to support the child but assign the child’s care to that unrelated person, who is responsible for the minor child’s transgressions if he or she decides to damage school property?

The questions are truly endless. What are your thoughts? What else should you consider? These are all questions that are very specific and your matter is factually driven. There is no real set answer to any general questions such as these that could be included in an article such as this. In my opinion, the best you can hope for is to be informed and to think about all the concerns that need to be presented to the Rhode Island attorney that your approach to seek guidance about your factual situation.

When approaching an attorney about these issues, list all the issues and concerns in the form of questions and present to the attorney a detailed picture of all the facts and relationships based on all the possible scenarios that may be encountered both by you as a parent or as a caregiver for the child. It is only be identifying all the facts and the anticipated issues that you want the caregiver to address and/or be protected on when executing those duties that a good Rhode Island family law practitioner will be able to provide you with sound legal advice to address your particular facts and circumstances.

This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances.And Discover Valuable Rhode Island Divorce Information

PLUS . . . enjoy detailed Rhode island Divorce Information at Rhode Island Divorce Tips Blog

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Termination of the Attorney Client Relationship

admin — Fri, 06 Aug 2010 06:17:25 +0000

This article examines the termination of an attorney-client relationship. There are different ways of terminating the attorney-client relationship. More specifically, there is mandatory withdrawal and permissive withdrawal with respect to terminating the engagement in the course of litigation. As a general rule, however, a lawyer should not take on a client unless he or she thinks that he or she can finish the representation or see the case all the way through trial if necessary.

According to the law, it is mandatory for an attorney to withdraw from the representation if the relationship violates some rule of law, the lawyer is not mentally or physically fit to handle the case, or the lawyer is fired. Further, as a general rule, a lawyer has the option to withdraw if he or she wants to actually fire the client and can accomplish the withdrawal without there being adverse effects and consequences on the client’s case. In addition, a lawyer may withdraw if he or she thinks they are helping the client in a criminal course of conduct or if the client is using the lawyer’s services to commit fraud. Last, but not least, a lawyer may withdraw if he or she is not getting paid.

At the end of the day, a lawyer has many options to withdraw whether it is permissive or mandatory. A lot of times, however, clients will hold the lawyer hostage to the case pending any motions to withdraw. This is the scary part about being a lawyer since a client can hold the lawyer hostage to the case and make the attorney work for free for countless weeks until the judge approves of the withdrawal.

I think there should be an easier more streamlined way of a lawyer being able to withdraw from a case. For example, would an engagement agreement that is signed by the client that allows the lawyer to withdraw if he or she wants to count as an agreed motion to withdraw? I don’t know the answer to this but I have seen this language in many engagement agreements.

James Bell is the lead trial attorney for The Bell Group which is a law firm with offices in Los Angeles, California and Dallas, Texas. In addition, if you need a good Dallas family attorney [http://www.dallasfamilyattorney.net] then you should look no further than The Bell Group.

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Family Law – What is the Probate Process?

admin — Mon, 28 Jun 2010 05:35:17 +0000

Probate is a term that you’ve probably heard before in passing when someone has lost a loved one. Although, the term may be familiar, the actual process that applies may be unfamiliar. There is a lot of detail to the mystery of the probate process; however, it is not so difficult that the average bear can’t understand when explained in simplified terms.

Probate refers to a court proceeding related to the settlement of a person’s estate after death. The decedent’s outstanding debts are settled. Legal title to all property is sold and/or formally passes from the decedent to the appropriate heirs and beneficiaries. A personal representative, executor or user will be assigned to conduct the affairs of the estate, depending upon the provisions of the will.

The process can be somewhat lengthy and complex. It is typical protocol to initiate the probate process via an estate attorney. Below are most of the steps included in the probate process:

* The executor, user or personal representative will hire an estate attorney to file a Petition for Probate of Will and Appointment of Executor. The probate case will be opened in the county in which the decedent lived prior to death. The petition will be filed with the clerk of the Probate Division of the county court. A copy of the death certificate will be presented with the petition.

* A date will be set to formally appoint the person named in the will as the user or executor of the estate. The executor is presented on the appointed date, the court inspects the will, issues an order to admit the will to probate and formally appoints the executor. The county probate clerk then records the will.

* Once admitted to probate, the will becomes a public record, along with subsequent filings submitted to the court. The filings are available to be viewed by anyone. Most states require public notice regarding the probate proceeding via publication in applicable newspapers.

* Letters of Administration or Letters Testamentary are issued to enable the legally appointed executor or user to conduct the affairs of the decedent’s estate.

* The user or executor conducts a full inventory of the estate, to include all debts, assets and monies owed to the decedent. Assets may include money loaned, a final paycheck, retirement accounts, life insurance policies or other forms of payment due.

* The executor or user will pay debts of the estate ongoing until the probate process is completed and all property is disbursed.

* After all estate debt and expenses have been paid, the executor distributes the personal property as directed in the will. Real estate can only be sold or transferred after a specified waiting period determined by state probate law. After the waiting period is over or expires, the executor then distributes the remainder of the decedent’s assets or property.

* The executor is required to file a final accounting of the estate with the probate court clerk.

* Depending on the state law, the executor may be required to place ads in the newspaper to notify the public that the estate will be closed before the court will allow the estate to be finalized and closed.

Ki lives and works in Austin Texas. After graduating from the University of Texas he began working in the Austin real estate market. His site has a search of the Austin MLS along with information about mortgage rates.

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Business Affairs Benefit From a Tax Attorney

admin — Mon, 28 Jun 2010 02:01:04 +0000

There are many reasons why people need a tax attorney. For most, it will be to deal with the Internal Revenue Service or with their state tax issues. They deal only with taxes. Ideally, a good one will have skills that show they know how to negotiate and can interact effectively.

Confidentiality agreements are still kept should a client need to discuss any issues that may arise. It creates a sense of assuredness with their attorney, allowing them to discuss anything.

An excellent tax attorney can handle situations that require dealing with the IRS and help if an audit happens will meet with them to visit a field office or even when the IRS agent meets them at home or at their place of employment. Being represented by a lawyer is a big help. A tax lawyer also aids the taxpayer in making sure they have the paperwork needed before a meeting.

If taxes have become a burden and a tax lawyer is necessary, try to get one with some experience. It is preferable to deal with someone that understands the experience before jumping in. If the tax attorney seems to have a lot on their plates and cannot organize efficiently enough to pull together information for each of those clients, they may not be the ones to choose.

Many companies will already deal with an accountant often, but others choose a tax attorney as a way to avoid any misunderstandings that can occur and be picked up by federal and state revenue services. Having this information prevents making mistakes are quite helpful to an business.

Choosing an attorney that is with a firm usually means they are up to date with licenses and the like. If one chooses to go with a solo tax attorney, make sure to verify that in advance.

The level of comfort one has with their attorney also needs to be good. During a business relationship it is necessary to make sure it works for both parties. The qualifications that an attorney comes equipped with is also of value, but so is how much it will cost.

Qualifications are essential, but costs are a concern as well. Clients will find themselves billed with even the most minor expenses. The smallest things such as the postage used in correspondence can be part of the costs. So, even with cost used as a factor, it should not be what makes the decision final.

Selecting someone with experience and someone who exudes a feeling of comfort are most essential in choice. Assistance with tax problems that are very difficult is helpful no matter if it is for one person or a whole company.

Thank you for reading our tax attorney article. If you would like more information on tax attorney please visit Helpnets today. Helpnets.com is your free network of online help for a variety of subjects.

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Using the Right Disability Lawyers

Adrianna Noton — Wed, 10 Mar 2010 21:02:19 +0000

Using the right disability lawyers is a good goal for increasing your chances of success in filing a claim. Some find them through a family member or a close friend who has had to go through the process themselves at some time, and had success. Others simply go through the phone book and make calls and inquiries. And yet others may choose to try the state bar association for recommendations.

Anytime you decide that you are going to make a claim, and you need to go and find an attorney, there are going to be some key questions to ask yourself before you choose to let any certain one represent you. They need to specialize in the particular kind of case that you are bringing. This is a very important thing not to overlook. You need to ask around about any other cases they have taken, and how their success rate is.

A lot of people who have never filed before, but are around others who know someone who has, or even who have filed themselves, come away with a few misconceptions about the process. One myth they always hear, is that everyone gets denied on their first time. This is not the truth, although it is mostly true. Many more get turned down on their first time than get approved, but that does not mean that ALL do.

Another thing people should know, even before they seek an attorney, is that filing for disability due to a problem with drugs or alcohol is not a guarantee of success. If the drug in question, or the alcohol, is considered material to the case, you will not get approved. If immaterial, you may still. This means that if you should quit the use of the drug, or the alcohol, and your condition improve, then you will be turned down. If it would not improve your condition, then you may be able to get approved.

One thing to understand about filing, is the time it can take. Anyone who is considering filing, should get it done as quickly as they can. The solid truth is that the process can be very long and trying, and for people who truly need and deserve the benefits, they need to get the wheels in motion as fast as they can.

After you get denied for the first time, if you do, that is the time for you to find yourself an attorney to represent you. This is when your case becomes more of an appeal than a file motion. You are appealing the fact you were turned down. This takes a lot of know-how, and a lot of paperwork, and most people cannot do it without the aid of a good attorney. And it should again, be one that specializes your type of case.

When it comes to the paperwork involved, these lawyers are worth their weight in gold. They know how to meet the deadlines, and they know just what you need to do in order to position yourself for a successful outcome before a judge when your hearing takes place. It is imperative that you have everything in order if you want things to go smoothly and have a more positive outcome.

Using the right disability lawyers is crucial to many cases. If you should somehow choose one who is not so good with your particular situation, you could be shooting yourself in the foot. These hearings are life changing for many people. And these are good people, who just need help in order to survive, have a meaningful life, and find their place in the world. So if you are one who is considering filing, do so right away, and go ahead and be shopping around for the attorney who is going to be able to do the best job for you and your situation.

As an experienced Ontario disability law firm, every lawyer here is dedicated to fighting for your individual claims and rights. Navigate the legal sector effectively by contacting a qualified Toronto disability lawyer today!

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Stop Foreclosure With New Loan Modifications

Sean Soboleski — Fri, 05 Feb 2010 12:51:36 +0000

There is new legislation geared toward helping homeowners who have fallen behind on mortgage payments. In order to avoid going into default or to stop foreclosure, NC residents who are having difficulty making monthly mortgage payments or have missed one or more payments can see if they qualify for programs in which banks are willing to make loan modifications. NC homeowners can enroll in the Home Affordable Modification Program (HAMP), which is one such option that makes mortgage payments more affordable.

HAMP requires that borrowers’ mortgage payments be reduced to no more than 31 percent of their monthly income and that borrowers keep their modified loan payments current for a three-month trial period before the loan modifications are made permanent. Homeowners who have paid their loan up to date, but are having trouble making their payments, or those who have already missed one or more payments, may be eligible. HAMP was designed to help three to four million homeowners stop foreclosure, NC to California.

The median reduction in monthly mortgage payments by loan modifications under HAMP is currently $516. So far, the program has achieved its goal of reducing the payments of all participants in both the trial and permanent programs to no more than 31 percent of each borrower’s monthly income. This has no doubt proven substantially helpful to those participants, the majority of whom reported that they fell behind on their mortgage payments because of a curtailment in their income. Various reasons for this curtailment, as cited by program enrollees, include loss of a job or jobs, a reduction in income, and/or an accumulation of overwhelming debt, such that they were unable to pay or having difficulty paying their mortgages. Until more jobs become available, at least there are options available, such as loan modification programs, that make budgeting a little easier on homeowners.

In January the United States Treasury Department reported that 66,500 of 902,620 homeowners who had begun the 3-month trial period for HAMP had completed it successfully and entered into permanent loan modification status by the end of December. Although that’s only a conversion of a little more than 7 percent, it’s more than twice the 32,400 permanent modifications reported at the end of the previous month. 46,000 additional borrowers have successfully completed the trial but have yet to sign and return the documents which make their loan modifications permanent. That accounts for a fairly substantial number of homeowners who are in some phase of the Home Affordable Modification Program.

Residents of North Carolina deserve to know that there is legislation that can work in their favor. To determine if you are a candidate for the loan modifications NC homeowners have available to them, you can consult with an NC consumer law firm. You may be one of many North Carolinians who are affected by job loss, a reduction in income, or substantial debt. Contact an NC consumer law firm to help you navigate the loan modification legislation and find out if you are eligible for assistance.

By Sean Soboleski. Stop foreclosure: NC law firm assists you with loan modifications NC and credit repair. Contact Soboleski consumer attorney: Asheville based real estate and consumer law office.

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The Birth Injury Case: Proving Malpractice (Part II)

Judy Greenwood Esq. Stephen Ulan Esquire — Fri, 08 Jan 2010 03:30:58 +0000

Nothing is more devastating than having a child born with a brain injury. Discovering that the birth injury could have been prevented, or was the result of a doctor?s or hospital?s or other medical provider?s malpractice, however, only compounds the tragedy. In Part I of this article, we discussed the information needed to review a claim; in this article, we will discuss who needs to review the records for a medical malpractice birth injury claim, and other important factors, such as the statute of limitations that applies to these cases.

Typically experts from several medical specialties will be involved to assess the circumstances of the birth. An obstetrician/gynecologist will need to review the records to determine if the obstetrical care was substandard and provide an opinion on this issue. Nursing experts may need to review the records to evaluate whether or not the nurses, who have an independent duty to the patient separate from that of the doctor, complied with nursing standards of care.

A pediatric neurologist and a neuroradiologist will likely be retained to evaluate whether or not negligence caused the baby?s condition to occur. There must be proof of negligence or substandard care and proof that the negligent care caused your baby?s harm. Without proof of a cause and effect relationship between some conduct or misconduct by medical personnel and the condition of the baby, a legal case cannot be proved.

RULING OUT NON-NEGLIGENCE CAUSES

It will be important for the experts to rule out other non-negligent causes for your baby?s injury. Since it is your burden to prove that it was substandard care that caused your child?s problems, the non-negligent causes for his or her condition will have to be discounted and ruled out in order to properly establish the case.

STATUTE OF LIMITATIONS

Each state has different laws which govern how much time you have to bring a claim on behalf of your injured child. You need to check with a local lawyer to find out what the time frame is for pursuing a claim on behalf of a minor in your state. Parents typically have much shorter periods of time to pursue any claims they may have in connection with the birth of an injured child. In some states, minors have until two years past their age of majority to bring a claim creating a long window for investigating and pursuing a case on behalf of your minor child.

DAMAGES

The damages to your child can be catastrophic, impacting upon all aspects of his/her life. Life care planners will serve to evaluate your child?s long term needs and what the cost of that care will be over your child?s lifetime as part of an assessment of what the damages are that have resulted from the negligence. The non-economic damages of disability, physical pain and suffering, and loss of life?s pleasures are items that will need to be demonstrated through expert testimony, and are typically left to be quantified by a jury if negligence is proved.

CONCLUSION

It is never easy to prove that a doctor?s medical malpractice was the cause of a birth defect or injury. In addition, the process that medical malpractice attorneys use to evaluate these types of negligence cases can be time-consuming. However, without a thorough analysis of the records by an experienced birth injury lawyer, malpractice may be overlooked. That is why attorneys who handle medical negligence cases work with medical experts to verify whether or not the claim can be proved.

While an evaluation does not always determine that the doctor or hospital or other medical provided negligent, the conclusions reached may provide some answers why the injury occurred.

Philadelphia medical malpractice attorneys Judy Greenwood and Stephen Ulan have represented victims of medical negligence for 25 years. Their office handles medical malpractice, personal injury and catastrophic injury cases, and is located at 1800 JFK Boulevard, Suite 1500, Philadelphia, PA 19103. Email Attorney Judy Greenwood or Visit Attorney Judy Greenwood?s website.

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Several Important Questions Clients Should Ask Before Retaining an Attorney

Colin Daives — Thu, 07 Jan 2010 22:26:00 +0000

When you’re involved in a vehicle accident, you need to speak with an accident lawyer but not just any lawyer. You must find the perfect car accident lawyer. Many people tend to hire the wrong lawyer and don’t get the outcome they want or deserve. This usually occurs because people have no idea what to look for from their attorney. If you’re wondering where you can go, here are some questions you need to ask the accident attorney you’re thinking about retaining.

When you want to retain an attorney, the first thing you need to factor in is their legal background. How much experience does the attorney have with cases that are nearly the same as yours? While lawyers have to start somewhere, you don’t want one that’s learning the ropes and from their mistakes, all at your case’s expense. Make sure you hire an attorney that knows how to proceed with your case. Ask them about their background and their experience dealing with cases similar to yours.

Make sure you ask the “prospective” attorney about their success rate. You will never find a lawyer who has successfully argued all their cases. However, you certainly need to avoid attorneys that have more losses than winnings in the courtroom. You don’t want to focus solely on their overall accomplishments, so look at the victory rate on cases that are like your own case. While you can’t expect every lawyer to win every case, you can generally get a good idea about the potential that each lawyer has to help you by reviewing their past success rate.

Retain a local lawyer since they can often make a huge impact with your case. Local attorneys will know the local jurisdiction, how other lawyers will proceed, and the judges that could preside over your case. Another reason you should go with a local attorney is because they’ll know the laws, regulations, and streets of your area. With this information already on hand, they can make the entire process go smoothly for you, which takes the pressure off you. You won’t have to explain the area to your attorney because he/she will already know it.

Make sure the lawyer you retain keeps you up to date about your case. Ask the attorney you want to hire how often they’ll be contacting you. If you would like regular updates, no matter if there is something to report or not, let the attorney know what you expect and see how comfortable they are with that and whether or not they will be able to meet your needs. If you would rather hear from your attorney only when there’s news, tell him/her. Since you are the client, you do have rights in how you want to be contacted. Conversely, some attorneys may be in constant contact with their clients – so if this is not something that you will be comfortable with, then you should look elsewhere.

Ensure that you’re comfortable with how professional your attorney is. If you don’t trust your attorney, it can be difficult discussing your case. Make sure to retain an accident lawyer you are comfortable with and has plenty of positive experience for your particular legal case.

Colin Daives writes general information articles about a number of legal topics that range from personal injury to criminal law. Each state has different laws and every case is unique. His articles are not meant to be legal advice. To learn more or for assistance with your case in the state of Colorado, contact a Denver injury attorney or Denver employment attorney today.

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Secrets of FICO Credit Scoring Revealed … Finally!

Robert F. Brennan Esq. — Sun, 03 Jan 2010 20:22:26 +0000

Shrouded in mystery for years, the Fair Isaac Company has finally let consumers have a slight peek into the vault of their credit scoring model which is responsible for ?FICO Scores,? otherwise known as your credit score. (FICO, by the way, is a shortened version of ?Fair Isaac Company?.)

FICO?s revelation of information comes at an interesting crossroads for the Fair Isaac Company. Just last month, Fair Isaac lost a case against credit bureau giant Experian in Minneapolis, in which Fair Isaac was attempting to prevent Experian from using a scoring model with a similar point range (300 to 850) as is used by Fair Isaac.

Personally, I believe that Fair Isaac?s decision to now begin to release tidbits of its credit scoring model has more to do with wanting to avoid the negative public relations image of being ?the wizard behind the curtain,? and less to do with wanting to service consumers. Fair Isaac has had it scoring model for decades hidden in the deepest vaults; the timing of its decision to finally begin to release parts of it suggests to me motivations grounded more in competition than in any desire to enlighten the millions of consumers they confuse and damage on a daily basis.

The Traditional Information on How FICO Calculates Credit Scores

FICO has for some years published on its website a broad outline of how it calculates credit scores. This information is a good general recipe but generally does not provide consumers with specific information for rapidly improving their credit scores, as is often necessary when time-sensitive loan applications are pending. Here is the traditional information:

-35% of the score comes from payment history: have you paid your bills on time? And if not, how late were you, when were you late, and how often?

-30% of the score comes from amounts owed: how much do you owe on each account, and how much of your credit limit have you used? This last measure, called debt utilization ratio, refers to the percentage of available borrowing power you have actually used vs. what you have. In other words, if you have $100,000.00 in available credit card limits but have only borrowed $5,000, your credit utilization ratio would be very, very good: 5%. However, if you had borrowed $85,000, your credit utilization ratio would be very, very bad: 85%. This is a very important factor in all credit scoring.

-15% of the score derives from credit history: how long have you had each account?

-10% of the score derives from the types of credit you maintain, i.e. revolving debt (credit card debt) gives you less credit on your credit score than mortgage debt.

-10% of the score comes from applying for, or opening, new credit accounts. The FICO scoring model penalizes you for shopping for new credit or for opening up new credit accounts.

The Newly-Released ?Damage Points? Information from FICO

Not surprisingly, FICO employs a method called ?damage points? to downgrade credit scores depending on the type of negative credit information. So, as I have been saying for some time, for people with average-to-excellent credit, FICO scoring (and, most likely, the scoring models which the credit bureaus themselves will be releasing and promoting in the coming months and years) is akin to scoring an Olympic dancing or diving contest: the judges can sometimes look for picayune stuff to seriously downgrade one?s score. FICO scoring begins to look more like ?American Idol? every day.

Jeremy Simon, a contributing writer for Yahoo! Finance, describes this ?American Idol? effect in his recent article on FICO ?damage points?:

?Those with good or excellent credit?so-called prime borrowers?put more points at risk with each (credit) mistake. For example, someone with an average credit score of 680 who pays a bill 30 days late will see a drop of 60 to 80 points. But for someone with an excellent credit score?780?that same delinquency can send a FICO score tumbling by 90 to 100 points.?

Fair Isaac provided the following chart of ?damage points? in its news release:

Credit Mistake – If Your Score is 680 – If Your Score is 780

Maxed-out card – Down 10 to 30 pts. – Down 25 to 45 points.

30-day late payment – Down 60 to 80 pts. – Down 90 to 110 pts.

Debt Settlement – Down 45 to 65 pts. – Down 105 to 125 pts.

Foreclosure – Down 85 to 105 pts. – Down 140 to 160 pts.

Bankruptcy – Down 130 to 150 pts. – Down 220 to 240 pts.

One wonders why FICO is so eager to penalize prime borrowers disproportionally. The answer is relatively simple when one understands that FICO remains true to its clientele?big banks, big mortgage companies, big credit card companies, major credit bureaus?who in turn have every incentive to put the fear of god into their best borrowers to ensure repayment. In turn, better-risk borrowers create higher-value debt instruments which are then bundled and packaged into new investment vehicles. This is called ?securitization? and is one of the elements of the ?mortgage meltdown? of 2007 and 2008, when low-grade mortgage debt was packaged and sold as high-grade mortgage debt.

Why Do ?Damage Points? Cause Disproportional Damage to Consumers with Higher Scores?

To fully understand credit scoring, it is important to understand that the consumer is only seeing the first half of the picture: the retail transaction in which the consumer?s credit is being considered to determine if he is a worthy credit risk. That?s the ?front door? of credit scoring. The ?back door? is the fact that investment banks rely on unnecessarily harsh and unfairly punitive credit scoring to select out the best loans which will then be bundled and securitized so that investment bankers can continue to make seven- and eight-figure incomes while the rest of us toil in the fields.

At the end of the day, FICO serves its masters at the large investment banks; individual consumers are pawns in the overall scheme, which is why credit scoring is flatly unfair to many credit-worthy consumers.

Is It Really Important to Get a Score Above 800?

I meet a lot of consumers who carry over their ?grades-obsession? from high school into a ?credit-score obsession? as adults. My overall advise: it?s really a blind obsession, and you start getting the best credit offers at about credit score 730 or 740. Beyond that, it?s an ego thing and it probably is not necessary. Banks do not present you with a different-colored diploma if you manage to get your credit score above 800. Any time spent getting a credit score better than about 750 is time wasted.

Further, past a point no one really knows why one person has an 800-plus score and another has a score between 750 and 800. As with any mathematical process, there are invariably ?fudge points? one way or another which ultimately have no bearing on whether you will get the best credit offers when you apply for credit.

That said, here are a few time-honored techniques to getting your score into the 700?s or above:

1.Pay your bills on time.

2.Keep your credit utilization ratio low, ideally below 10%. Credit utilization ratio refers to your available credit vs. how much of your credit you have used. If you have available credit of $100,000.00 and you have only used $5,000.00, your credit utilization ratio is 5%, which is excellent. On the other hand, if you have used $85,000.00 of your $100,000.00 available credit, this is a credit utilization ratio of 85% and is poor. A high credit utilization ratio will have a certain negative impact upon your credit score even if you do not have any late payments.

3.Have types of credit other than credit cards. Look around: everyone can get at least some kind of credit card these days. Having a current mortgage or a current car loan will improve your score. Mortgage debt is usually considered the best possible type of credit for a good credit score.

4.Keep your old accounts open, even if you do not carry a balance on them, and shy away from opening new credit accounts unless you have to do so. One factor in credit scoring is length of credit history. Some of my friends like to close out cards whenever they can transfer balances to new cards with promotional zero percent interest rates, and will repeat this cycle for as long as they can continue it. It?s a bad practice: the credit inquiries from any new credit applications alone will cause your score to drop. Opening up new lines of credit with balances can negatively affect your credit utilization ratio. Closing out older lines of credit?particularly ones with a good payment history?will deprive you of the positive influence of these credit items. The better practice is simply to pay down and pay off older credit cards, and then just keep them locked in the desk drawer for a rainy day.

5.Avoid the other types of activities that can result in derogatory credit reporting: bankruptcies, foreclosures, repossessions are the best known ones, but these days debt collectors are reporting ?debt settlements? as derogatories on credit reports. As seen in the chart above, these can have a major negative impact on your credit score.

I hope this article answers some of your questions about credit scoring.

Robert F. Brennan, Esq. is a principal with Brennan, Wiener & Associates, an AV-rated law firm in La Crescenta, CA. His firm specializes in consumer protection litigation including wrongful debt collection practices. He can be reached at http://SoCalcreditdamage.com.

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A Growing Problem Mortgage Fraud

Adrianna Noton — Fri, 01 Jan 2010 20:03:58 +0000

Mortgage fraud is a growing problem throughout the United States. You want you the equity in your home to be more than the loan on your property. With the boom in the housing market there are those who will try to take advantage of this situation and try to get a quick profit. Here are some mortgage fraud schemes you should be aware of.

The first is property flipping. This is when land is bought, wrongly appraised for a higher dollar value and then sold fast. The false appraisal information is what makes this kind of property flipping illegal. The illegal practice involves usually the following: fraudulent property appraisals, loan documents that have been doctored, inflating the income of the buyer, buyer kickbacks and kickbacks to investors, and property or loan brokers, and appraisers and to those who are working for the title companies.

For instance a house worth $30,000 may be appraised for $90,000 or more in this illegal practice. Then there is what is known as the silent second. This is where a buyer of land borrows the money for a down payment from the seller by the issuance of a second mortgage that is not disclosed. The primary money lender thinks the person borrowing is investing her own funds in the down payment.

But the fact is the funds are borrowed. The second might not be legally recorded so that the primary money lender does not know about it. Then there is the nominee loans; straw buyers. This is where the identity of the borrower is hidden and a nominee lets the borrower use his or her name and his or her credit report in the loan application.

There is also a stolen identity issue which may be put on the application. The applicant possibly is involved in an identity theft scam where the real person does not know his name, personal information, and credit history is being used on a loan application.

Then there is the inflated appraisal where the appraiser is colluding with the borrower and submits an appraisal to mislead the money lender. The appraisers report falsely reports the property inflated value. In a foreclosure scheme the wrong doer targets homeowners who might default on home loans or those already in the foreclosure process.

Wrong doers trick the homeowner telling him or her they can save their house if they transfer the deed and pay up front costs. The wrong doer makes money from these tricks by remortgaging the land or taking the money paid by the owner of the house. The three most common foreclosure scams are the phantom help, the bust out and the bait and switch.

In equity skimming an investor may utilize a straw buyer. Then use misleading income verification records, and misleading credit history reports to get a mortgage loan in the name of the straw buyer. Before the escrow close the straw buyer signs the land to the investor by quit claim deed giving over all property rights and gives no title guaranty. The investor makes no loan payments and leases out the land until the foreclosure happens many months later.

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