EPA cracking down on Air Quality Violations

Environmental Law, Real Estate Laws , , , , , ,

EPA Fining for Dirty Air

If you are a business, plant, whatever and have a lot of traffic/ trucks coming in and out of your lot stirring up dust then EPA might fine you as well. The EPA (Environmental Protection Agency) and the ARB (Air Resources Board) are working together in the fight for clean air.

The Federal Clean Air Act (FCAA) is a federal law that passed in 1970 (last amended in 1990) for national air pollution control effort. The basic elements of the act include: hazardous air pollutants standards, state attainment plans, motor vehicle emission standards, stationary source emission standards and permits, acid rain control measures, stratospheric ozone protection, and enforcement provisions.

ARB mainly focuses on reducing emissions from a growing universe of emission sources which include: Mobile sources ex. commercial trucks, Goods Movement Sources ex. railroads, Gasoline, Diesel, and other fuels, and cargo tanks used to transport products, “Area” sources which individually emit small quantities of pollutants but collectively emit significant emissions, which include chemically formulated consumer products like aerosol coating products or indoor air cleaning devices.

The Air Resources Board also oversees air pollution control and air quality management districts in controlling air pollution caused by industrial sources, such as power plants. ARB’s regulation is the basic principle that the air quality goals can not be met unless compliance is achieved.

The Environmental Protection Agency comes and does some testing to see how the clean the air is, if it is not meeting the local standards the company will have to meet EPA’s recommendations. If they do not they will be fined.

EPA statement about Clean Air

Dust emissions are a public-health and environmental-health concern. Particles can settle in the lungs if breathed in and are associated with various health problems, EPA officials said.

The Air Resources Board continues to be the leader in the world development of innovative air pollution control strategies. This will help protect the public from illnesses caused by air pollution.

DiJulio Law Group
https://www.dijuliolawgroup.com

How to deal with Zoning Conflict

Real Estate Laws , , , , , , , , ,

Dealing with different types of Zoning

No matter where you live, sooner or later a question about property lines si going to come up. Who’s right and who’s wrong? This land is mine and so on. There are several ways to handle these arguments but first you must know about the Zoning Ordinances, Zoning regulations, and the desired property use.

First we’ll start with Nonconforming Use. This is when there is a conflict between existing property use and new zoning laws. There are two ways that a use may be nonconforming, the first is when the nature or a characteristic of a building doesn’t meet zoning laws. The second is the activity going on in the building does not conform to the law.

An example would be if you were using a factory in a residential area. The nonconforming use can be limited by time. After that specific time is up the property must be converted to conforming use or sometimes destroyed.

Another variation of Zoning is Conditional Use. Conditional Use  is when use is allowed by a zoning law, but is subject to certain conditions. For example, a rural/residential are might allow a professional office in the zone if they offer off street parking.

Quite often it  requires an approval and confirmation of a conditional use by the zoning laws. The owner would need to follow the application and the approval process with a zoning board and/or the officials.

Variances is another form of common conflict with Zoning. Variances is when a special use permit is an exception to zoning ordinance requirements. Usually you must show some kind of hardship to justify the variance.  Such as when an odd shaped lot messes with the requirements and you can not meet the requirements when building a home.

Spot Zoning  is when the local land use plans and zoning ordinances contain restrictions on land uses in specific areas outlined in the plan or ordinance. After the local government decides on a zoning plan then the property owners can seek exceptions to the requirements.  The owner can either amend the plan or the ordinance or apply for a variance or special use permit.

Every property is different and you may have several options when it comes to finding a solution for your zoning problem. A zoning  or land use lawyer can help you find a solution for your zoning problems.

DiJulio Law Group
https://www.dijuliolawgroup.com

CALIFORNIA HOMEOWNER BILL OF RIGHTS

Foreclosure , , , ,

On July 11, 2012, Governor Jerry Brown signed the California Homeowner Bill of Rights into law to bring fairness, accountability and transparency to the state’s mortgage and foreclosure process.

More than one million California homes were lost to foreclosure between 2008 and 2011-with an additional 700,000 currently in the foreclosure pipeline.
Seven of the nation’s 10 hardest-hit cities by foreclosure rate in 2011 were in California.

The California Homeowner Bill of Rights marks the third step in Attorney General Harris’ response to the state’s foreclosure and mortgage crisis.
The first step was to create the Mortgage Fraud Strike Force, which has been investigating and prosecuting misconduct at all stages of the mortgage process. The second step was to extract a commitment from the nation’s five largest banks of an estimated $18 billion for California borrowers. The settlement contained thoughtful reforms but are only applicable for three years, and only to loans serviced by the settling banks.

Two key bills of the Homeowner Bill of Rights contain significant mortgage and foreclosure reforms. The major provisions of

AB 278 (Eng/Feuer/Mitchell) and SB 900 (Leno/Corbett/DeSaulnier/Evans) include:

Dual track foreclosure ban:Single point of contact:Enforceability:Verification of documents:
The recording and filing of multiple unverified documents will be subject to a civil penalty of up to $7,500 per loan in an action brought by a civil prosecutor. Enforcement will also be allowed under a violator’s licensing statute by the Department of Corporations, Department of Real Estate or Department of Financial Institution. Borrowers will have authority to seek redress of “material” violations of theCalifornia Homeowner Bill of Rights. Injunctive relief willbe available prior to a foreclosure sale and recovery of damages will be available following a sale. Mortgage servicers will be required to designate a “single point of contact” for borrowers who are potentially eligible for a federal or proprietary loan modification application. The single point of contact is an individual or team with knowledge of the borrower’s status and foreclosure prevention alternatives, access to decision makers, and the responsibility to coordinate the flow of documentation between borrower and mortgage servicer. Mortgage servicers will be required to render a decision on a loan modification application before advancing the foreclosure process by filing a notice of default or notice of sale, or by conducting a trustee’s sale. The foreclosure process is essentially paused upon the completion of a loan modification application for the duration of the lender’s review of that application.

The Homeowner Bill of Rights goes into effect on January 1, 2013.

For more information contact: DiJulioLawGroup.com

LETTING YOUR HOUSE GO TO FORECLOSURE

Foreclosure , , , ,

What Happens if You Abandon Your Home and Let it Foreclose?

When you are facing foreclosure, it can be tempting to just give up and walk away from the home. Before abandoning your mortgage, you should consider the possible consequences of letting your home foreclose. Sometimes abandoning a house might seem like the best option, but foreclosing on your home often does more harm than good.

Besides losing your home and possibly having no place to live, allowing your home to be foreclosed will dramatically affect your credit rating and make it more difficult for you to qualify for a new loan in the future. There are also tax consequences of foreclosure that you should be aware of before you make the decision to let your home go into foreclosure.

So what happens if you abandon your home and let it foreclose? This article will help you understand what the consequences will be if your home ends up being foreclosed. It will also give you an idea of what to expect and offer some options for those who want to try to save their homes and avoid foreclosure.
The Effect of Foreclosure on Your Credit Rating
You may be wondering what happens to your credit with a foreclosure. You are probably aware that a foreclosure will hurt your credit score. How much it affects your score can vary, but keep in mind that every late payment will show up on your credit report. Also, when your home does go through foreclosure, an entry will be made in the section of your credit report that covers legal actions.

A foreclosure tends to affect your credit score more if you have very little other debts. If you have credit cards and car payments that are all up to date, this can help buffer the effect of the foreclosure on your credit rating. However, if you have few other items on your credit report, or those bills are also falling behind, the effect will usually be much greater.

The foreclosure and late payment record can remain on your credit report for up to seven years, but that doesn’t mean that you will be unable to get a loan for seven years. As soon as your financial situation improves, you should start making an effort to pay every bill you have on time. Many people find that after as little as two years of doing this, they are able to qualify for a new loan.

After going through a foreclosure, it is likely that you will need a large down payment next time you borrow money to buy a home. Your interest rate is also likely to be higher. Keep in mind that government programs such as Fannie Mae and Freddie Mac are unavailable to people who have had a home foreclosed within the past two years.

If your foreclosure was not caused by an injury or other unexpected circumstances that prevented you from being able to make your payments, perhaps you have issues with debt management that should be addressed.
Deficiency Judgments

One question that is asked often is, “If my house is foreclosed, can they make me pay?” In many states, the answer is yes. This is happening much more often now that it used to. The reason is that real estate prices have fallen, so it is much more likely that your home will be sold for less than the amount of the loan. If your state allows deficiency judgments, the lender can come after you for the difference between the amount you owed on your mortgage and the price the house sold for at the foreclosure auction.

Under California law Deficiency Judgments are generally not available. If the loan was made as part of the purchase then there is no possibility of a deficiency judgment. If the loan was part of a refinancing and the bank foreclose without going to court, then there is no possibility of a deficiency judgment.

However, if there is more than one loan, then the picture is more complicated. If the second forecloses first then the above rules apply. If the first foreclose first, then the second can file a lawsuit to try to collect on the second loan. In these situation, you should consult with us. DiJuloLawGroup.com

One thing many people don’t realize is that there is often a tax penalty that goes along with foreclosure. What happens is, if the house sells for less than the amount owed, the rest of the loan balance is considered “forgiven.”

The IRS looks at this as income because it is something you would have had to paid but are getting out of. As a result, you may be taxed on the difference between the amount you owed and the amount the house sold for. However, it appears that until the end of 2011, there are no tax consequences.

It is a good idea to talk to an accountant or tax lawyer about the possible tax consequences before you allow your home to foreclose.

　
Other Real Estate and Property
One thing people often worry about when facing foreclosure is whether the lender will be able to take other property and real estate that they own as well. Because real estate loans are secured by the property that is being financed, that property is usually all that the lender can take. However, if you specifically listed another piece of real estate as additional security when you applied for the loan, that property can also be taken.

When your lender forecloses on your home, your personal property is not included in the foreclosure. The lender has no claim on any property that is not permanently attached to the house.
Options for Avoiding Foreclosure
Instead of walking away from the house, it’s a good idea to contact your lender as soon as you start to have trouble making your payments to try to work something out. Many lenders have programs available to help homeowners who are going through short-term financial difficulties.

If it looks like you will not be able to work out a way to keep your home, some lenders will offer a “deed in lieu of foreclosure” or “cash for keys.” If you can get your lender to pay you to move out quickly and leave the home in good condition, that could help you pay the cost of moving into a new home. However, a deed in lieu of foreclosure usually has about the same effect on your credit rating as an actual foreclosure.

One alternative to abandoning your home is a short sale. Unfortunately, you need the bank’s cooperation to do it. When you sell your house in a short sale, the bank agrees to accept the amount that the house is selling for as full payment on the mortgage. Some banks will not do short sales at all, and those that do will make you jump through a lot of hoops and fill out tons of paperwork to get the sale approved. As a result, short sales are rare. However, if you can do it, a short sale is better that letting your house go into foreclosure.

A loan modification is an agreement between you and the bank that changes the terms of the loan. It is just about as hard to convince a bank to enter into a loan modification agreement as a short sale, maybe harder. If you pursue this option, it is a good idea to have an experienced attorney or loan modification company help you through the process.

As of December 2011, there is a new program for houses where the loan is owned by the government- Fannie Mae or Freddie Mac. If so, you can refinance at the current value of your house at a below 4% rate. See our blog on this< issue. You can check to see if your has qualifies on the links there.

Loan Modification

Short Sale

Deed in Lieu of Foreclosure

The Tax Consequences of Foreclosure

Deficiency Judgments Are Unlikely in California

Copyright © 2020 | Maintained by Advantage Media Partners. All rights reserved.
MENU