Sunday, May 3, 2020

ATV Accident Lawyer Herriman Utah

ATV Accident Lawyer Herriman Utah

Herriman is a city in southwestern Salt Lake County, Utah, United States. The population was 21,785 as of the 2010 census. Although Herriman was a town in 2000, it has since been classified as a fifth-class city by state law. The city has experienced rapid growth since incorporation in 1999, as its population was just 1,523 at the 2000 census. It grew from being the 111th-largest incorporated place in Utah in 2000 to the 32nd-largest in 2010. Herriman was established in 1849 by Robert Dansie, Henry Harriman, and Thomas Jefferson Butterfield. A monument located in the Herriman City Cemetery lists the original four families of Herriman as the Thomas Jefferson Butterfield, John Jay Stocking, Robert Cowan Petty, and Henry Harriman families. Rosecrest is a land developer who acquired some rights in large amount acreage around Herriman, and started large scale residential development. Rosecrest is owned by parent company Sorenson Companies founded by the late James Levoy Sorenson and currently managed by his son. In 2007, Rosecrest won a lawsuit with partner land owners/developers that likely will allow about 4,000 acres to be annexed out of neighbor city Bluffdale into Herriman to further expand the Rosecrest/Herriman housing projects.

The lawsuit stemmed from a struggle between Bluffdale city officials, strict city building requirements, and Rosecrest. Herriman was the first settlement in the spring of 1851 by Henry Harriman, Thomas Butterfield and John J. Stocking. These three men built a log cabin each, fenced some land, raised a crop and called their location Butterfield Settlement. They also made a mountain road up what they called Butterfield Canyon, where they found some timber. In the fall of 1853 the settlement was strengthened by the arrival of some twenty other families. This increased the population to 71 souls. The following year a fort, enclosing 21/2 acres of ground, was built of concrete as a protection against Indians, who stole several bands of horses and cattle from the settlers. In the spring of 1853 the settlement was abandoned because of Johnston Army troubles, but was reoccupied the same year when peace was restored. Shortly afterwards the present town site was surveyed and called Herriman in honor of Henry Harriman. Since then the population has increased slowly as scarcity of water has retarded the growth of the settlement to a great extent. Leadership in Herriman settlement was first held by Henry Harriman, next Thomas Butterfield and in 1855, McGee Harris, who took charge until 1858. Alexander F. Barron served until 1861, Henry Arnold until the spring of 1866.

Ensign I Stocking for ten years until 1876. Reorganized on June 17, 1877, James Crane served until July 6, 1886 when he died. William C. Crump succeeded him until 1886, Robert Danzie in 1897, James S. Crane until June 1, 1906, Thomas Butterfield, 1916 Franklin T. Crane until Dec 31, 1930.
Herriman remained a small community until 1999 when proactive citizens including Brett Wood and J. Lynn Crane went door to door asking people to sign a petition to be incorporated into a town. Rosecrest is a land developer who acquired some rights in a large area around Herriman, and started large scale residential development. Rosecrest is owned by parent company Sorenson Companies founded by the late James Levoy Sorenson and currently managed by his son. In 2007, Rosecrest won a lawsuit with partner land owners/developers that allowed about 4,000 acres (16 km2) to be annexed out of neighboring city Bluffdale into Herriman to further expand the Rosecrest/Herriman housing projects. The lawsuit stemmed from a struggle between Bluffdale city officials, strict city building requirements, and Rosecrest. The addition of Rosecrest greatly brought up Herriman’s population and enabled the town to be turned into a city. Herriman has two high schools, Herriman High School and a Mountain Ridge High School which will open 2019-2020 school years. Herriman also is home to Fort Herriman Middle School and Copper Mountain Middle School. Elementary schools include Herriman, Butterfield Canyon, Silvercrest, Blackridge, Bastian, and one additional elementary school next to Mountain View High School which will open in the 2019-2020 school year. All the public schools in Herriman are run by the Jordan School District. Herriman also is home to 4 charter schools: Providence Hall High School, Providence Hall Junior High School, Providence Hall Elementary School and Athlos Elementary. Another, Advantage Arts, is coming on 1800 South.
The City of Herriman is located in the southwest portion of Salt Lake County.

A master-planned community balancing small-town appeal while aggressively pursuing economic development opportunities. The City’s high quality of life, scenic environment, and abundant community amenities has made it one of the fastest growing communities in Utah. Understanding the importance of planned growth in our City, the Mayor and Council created an Economic Development department. This department is devoted to unequaled customer service, fast-track permitting and expanding business opportunities. There are 18.60 miles from Herriman to Salt Lake City in northeast direction and 27 miles (43.45 kilometers) by car, following the I-15 N and US-89 route. Herriman and Salt Lake City are 28 minutes far apart, if you drive non-stop. This is the fastest route from Herriman, UT to Salt Lake City, UT. The halfway point is South Jordan, UT. Herriman, UT and Salt Lake City, UT are in the same time zone (MDT). Current time in both locations is 3:37 am. If you want to meet halfway between Herriman, UT and Salt Lake City, UT or just make a stop in the middle of your trip, the exact coordinates of the halfway point of this route are 40.566441 and -111.899055, or 40º 33′ 59.1876″ N, 111º 53′ 56.598″ W. This location is 13.67 miles away from Herriman, UT and Salt Lake City, UT and it would take approximately 14 minutes to reach the halfway point from both location.

Unsure How Your Accident Will Affect You?

If you have been hurt in an accident, it’s normal to suffer pain and financial difficulties. You wish your life would just return to the way it was before you were injured. Dealing with pushy insurance companies with their puzzling policies can be both stressful and dispiriting to deal with.

Nervous After Your Personal Injury

The last things you want to worry about after a accident are steep medical bills or repairing your wrecked vehicle. It’s understandable to be worried about your future after suffering an injury caused by another person. What you need is assurance you will one day make a complete recovery.

What You Need is an Experienced Accident Attorney

Did you know that without an attorney by your side, you risk getting a settlement 3X smaller for your accident than you would if you had legal representation? Insurance companies will do whatever they can to get out of paying you what you are legally owed for your injuries and losses. Their efforts make it virtually impossible for you to get fair compensation without the expertise of a skilled personal injury lawyer.

Anxiety after Your Personal Injury

If you’ve been injured in an accident, it’s common to feel anxious about your future. No one wants to sort through stacks of medical bills or deal with auto mechanics while being in pain. The next thing you know insurance adjusters begin to call with misleading questions and settlement offers that seem far too low. All you want is some assurance that one day your life will be normal again.

Why You Need an Attorney

Without a doubt, our personal injury attorneys are the best in the business. We know better than anyone how difficult it can be to successfully pursue a truck accident claim. Such cases have so many parties involved–the trucking company, the corporation chartering the vehicle, and even the driver–that building a claim can quickly become complicated and confusing. Simply proving who is at fault for your injuries and losses can seem an impossible task. Below are just a few examples of damages the attorney can help you recover:
• Medical bills
• Lost wages due to injury
• Property damage
• Pain and suffering
• PTSD
• Loss of consortium
With an attorney on your side, you will never feel like you’re being short-changed by the trucking and insurance companies. We’ll get you the highest possible settlement for your injury claim. When you hire a Lawyer after your truck accident, you’re getting a legal ally committed to helping you make the best recovery possible. The attorney takes communication very seriously. If you ever have a question about your case or simply need an update, do not hesitate to call. We will put you in direct contact with your attorney so that they may answer all of your legal questions.

Causes of ATV Accidents

The following are leading causes of injury and fatal accidents:
• Driving an ATV on a paved surface. ATVs are designed for off-road use only and handle poorly on pavement.
• Riding double on an ATV that isn’t designed to carry a passenger. Most ATVs are designed for only one rider.
• Letting inexperienced operators ride without an experienced riding partner.
• Riding without adult supervision.
• Performing dangerous stunts and maneuvers.
• Operating in unfamiliar areas or terrain.
• Failing to observe state laws and local ordinances.

ATV Safety Tips Every Rider Should Know

Riding an ATV can be fun, but if you don’t take the proper precautions, it can also be dangerous. These ATV safety tips can help make your riding experience safe and enjoyable:

• Enroll in an ATV Safety Course: Before climbing on an All-Terrain Vehicle, complete a hands-on training course to help prepare you for both on-road and off-road situations.

The ATV Rider Course, offered by the ATV Safety Institute, offers hands-on training, instructions on protective gear, local rules and regulations, and even a list of riding sites in your area.

• Wear Protective Gear: Along with experience and skills, you need proper protective gear. Here is some required equipment:
Helmet – Make sure your ATV helmet, motorcycle helmet or other motorsports helmet is certified by the U.S. Department of Transportation (DOT) and/or the Snell Memorial Foundation.

Goggles – Since many ATV trails are in wooded areas filled with branches, bugs, rocks and dirt, wear snug-fitting goggles to keep debris out of your eyes.
Over-the-ankle boots – Protecting your feet and ankles requires protective footwear. Since you’ll likely be riding in muddy terrain, your boots need nubby soles for a more substantial grip. Make sure they’re not too tight, which could make a long ride very uncomfortable.
Long-sleeve shirts and pants – Covering your arms and legs helps protect against abrasions and scratches.
Gloves – Full-fingered gloves not only help you grip on your handles, they can protect against calluses, muscle cramps, sore joints and thumb fatigue. Look for gloves with palm padding, which helps prevent the glove from bunching up at the grip.

• Avoid Paved Roads: While some states allow ATVs on paved roads, it is actually unsafe and can increase chances of an accident. Since these vehicles are designed for off-road use, they can more easily overturn or collide with another vehicle.

• Stick to the Right Number of People: Unless your ATV is designed to carry more than one person, don’t take on a passenger. Most ATVs are single-rider vehicles and are not meant to carry additional people. Some single-rider ATVs have longer seats – not to accommodate a passenger, but to give the driver more room to shift around. Riding with a passenger increases the risk of rolling over and getting into an accident.
• Inspect Prior to Riding: Inspect your ATV before every ride. Here are some key things to check for:
Handlebars – Move them from side to side to make sure there are no issues with mobility or steering.

Tires – Follow the tire manufacturer’s recommendation for air pressure. And check signs of wear and tear.

Fuel and other fluids – Gas, oil, coolant and brake fluids should be full.
What to do if you are involved in an ATV rollover accident
• Get Medical Attention: Often, ARV accidents happen in remote places that are difficult for medical personnel to access, but try to get medical assistance as soon as possible.

• Take Pictures: Take pictures of the ATV, the scene of the accident, and any injuries you sustained as a result of the crash. Pictures and video can help an attorney investigate the cause of the accident.
• Contact an Attorney: Not all ATV crashes are “accidents.” If you believe you were injured as a result of a defective design or a reckless operator, contact an attorney. Our law firm offers free consultations for potential clients. We can listen to the specifics of your incident and determine whether you have a case.

Herriman Utah ATV Accident Attorney Free Consultation

When you need legal help with an ATV accident and injury in Herriman Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/atv-accident-lawyer-herriman-utah/

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Deed In Lieu Of Foreclosure

Deed In Lieu Of Foreclosure

Foreclosure means your creditor is trying to take your house and sell it to collect the money you owe. This happens when you get behind on your payments.

Understanding the legal terms used with foreclosure can help you help yourself. Some definitions are:
• Default: A mortgage or contract is in default and foreclosure proceedings can begin as soon as you are late on one payment. Depending on the language in your loan documents, the lender may have to give notice before beginning a foreclosure.
• Delinquent Payment: A mortgage payment is delinquent when it is not made on the day that it is due or within any “grace period” allowed by the lender.
• Forbearance: An agreement where the lender agrees not to foreclose if you catch up your past due payments over a period of time. These payments will loan current.
• Foreclosure Sale: The forced sale by which your lender sells your property to pay your loan. A foreclosure sale has a bad affect your credit rating and future loans. The foreclosure sale takes place at the county courthouse.
• Deed In Lieu Of Foreclosure: To avoid foreclosure when you know you will be unable to make your payments, you may consider handing over your deed to the lender. This is also called voluntary repossession. It means you are giving your house back to the lender. This may still affect your credit rating, but you may be able to avoid the cost of the foreclosure process.
• Judgment: This is an order saying you owe money to the lender. The lender is then able to get the money through a foreclosure sale. In a non-judicial foreclosure your lender is not required to obtain a judgment before holding a foreclosure sale.
• Deficiency Judgment: A lender may be able to obtain additional money from you to recover there losses if the house sells for less than loan and cost to recover the money.

How can I avoid foreclosure?

To avoid foreclosure, pay your monthly mortgage. The lender does not want to foreclose on your property because it takes time and money to go through the process. If you cannot make a payment, it is important to contact your mortgage company to agree to make payments. Be sure to get any payment plan in writing. Discuss with your lender how much you owe and how long it will take to catch up on any missed payments. Be prepared to answer
• why you fell behind on your payment,
• what your current financial resources are, and
• if you have a realistic plan for repaying the money you owe.
If you go to your lender with a good attitude and are honest, your problems will likely be easier to solve. You may also ask your lender about modifying the loan. That might reduce your monthly payments to an affordable level

Kinds of Foreclosure Procedures

In Utah, there are three different kinds of foreclosures. They are trust deed foreclosure, mortgage foreclosure, and uniform real estate foreclosure.

Trust Deed Foreclosure

To foreclose on a Trust deed, a creditor must follow these steps:
• A trustee records a Notice of Default at the county recorder’s office. The Notice of Default includes the reason the trustee believes your loan is in default. A trustee must give written notice of the default to the borrower and anyone who has filed a Request for Notice. This is usually done by registered mail. Always arrange to get letters sent by registered mail. The notice is valid even if you fail to sign for it or pick it up from the post office.
• You will receive a copy of the Notice of Default. If you suspect you are in default, you should check with the county recorder to see if a notice of default has been filed. You may also file a request for notice with the county recorder’s office so you are notified of any default. A notice of default does not mean you have to move out, but you will have to move once the sale of the property is final.
• After the Notice of Default is filed, you must make a payment plan with your creditor. You will have to pay any past due payments, late fees, collection fees, and legal fees. This must be done within three months of the recording of the Notice of Default. Otherwise, after three months the trustee can issue a Notice of Sale and you will have to pay the entire loan to avoid losing your property.
• If you do not cure the default, the trustee must give written notice of the time and place of the sale. This is done by: Placing an ad in a newspaper once a week for three straight weeks. The last notice must occur more than 10 days but less than 30 days before the date of sale; and, Posting a Notice of Sale at least 20 days before the date of sale on the property and in at least three locations in the county where the property is located.

• The sale can be postponed by the trustee. Once the Notice of Sale has been issued, you can only redeem the property if you pay the entire loan balance plate fees, collection fees, and legal fees.
• If the house sold for less than what you owe the lender, they may, within three months after the sale, sue you for the rest of the debt owing and expenses. This is called a deficiency judgment. The deficiency judgment is limited to the amount the debt, interest, costs, and expenses of sale is more than the fair market value of the property at the date of the sale. The fair market value is the value of the property to the normal buyer on the date of sale. The fair market value is not always the amount the property sold for at the Trustee’s Sale.

Deeds in Lieu of Foreclosure

Sometimes lenders will opt to obtain title by accepting a deed to your property instead of foreclosing on it. In this instance, the deficiency amount is the difference between the property’s fair market value and the total amount you owe. If the agreement does not state that accepting the need satisfies any debt, the lender can seek a deficiency judgment against you for the balance.

To deed in lieu of foreclosure is when a property owner surrenders the deed to the property to their lender in exchange for being relieved of the mortgage debt. A deed in lieu of foreclosure is a potential option taken by a mortgagor, usually as a means to avoid foreclosure. In this process, the mortgagor deeds the collateral property, which is typically the home, back to the lender that is serving as the mortgagee in exchange for the release of all obligations under the mortgage. Both sides must enter into the agreement voluntarily and in good faith. This is a drastic step, usually taken only as a last resort when the property owner has exhausted all other options and has accepted the fact that they will inevitably lose their home. Although the homeowner will have to relinquish their property and relocate, they will be relieved of the burden of owing the remainder of the loan. This process is also usually done with less public visibility than a foreclosure, so it may allow the property owner to minimize their embarrassment and keep their situation more private.

Advantages of a Deed in Lieu of Foreclosure

A deed in lieu of foreclosure has advantages for both a borrower and a lender. For both parties, the most attractive benefit is usually the ability to avoid a long, drawn-out period of time-consuming and costly foreclosure proceedings. In addition, the borrower can often avoid some public notoriety, depending on how this process is handled in their area. Since both sides reach a mutually agreeable understanding that includes specific terms as to when and how the property owner will vacate the property, the borrower also avoids the possibility of having officials show up at their door to evict them, as can happen with a foreclosure. In some cases, the property owner may even be able to reach an agreement with the lender that allows them to lease the property back from the lender for a certain period of time. The lender often saves quite a bit of money by avoiding the expenses they would incur in a situation involving extended foreclosure proceedings. In evaluating the potential benefits of agreeing to this arrangement, the lender needs to assess certain risks that may accompany this type of transaction. These potential risks include, among other things, the possibility that the property is not worth more than the remaining balance on the mortgage and that junior creditors might hold liens on the property.

How to Get Out From Under a Mortgage

Of all the complexities facing homeowners, knowing how to get out from under a mortgage legally without ruining credit may seem like one of the trickiest dilemmas imaginable. Few homeowners want to consider the idea of facing debt as a result of a mortgage loan. But circumstances change; whether it’s a result of losing a job, unforeseen medical bills or any other crisis many Americans face daily, you need to be prepared for very real consequences as a result of leaving your mortgage. A mortgage is, of course, a legally binding contract. Failing to pay it off can result in seizure and foreclosure as well as ruining your credit. The easiest option would be to sell your home short and pay off the difference, simply counting your losses. There are options available for homeowners to get out of a mortgage legally without necessarily breaking a contract. Here are two legit and legal ways to escape the burden of paying your mortgage:

• Strategic Defaults and Deeds In Lieu Of Foreclosure: A strategic default typically occurs when property is worth substantially less than the value of a mortgage. This negative equity is frequently referred to as having an “upside down mortgage.” Many homeowners simply choose to stop paying off their mortgage altogether. By negotiating with a lender, you can come to a flexible arrangement in terms of foreclosure. This will usually include additional time to vacate your property (some may actually pay your maintenance fees for upkeep) as well as coming to a mutual agreement on circumstances of negative equity which can alleviate some of the resulting strain on your credit. Many lenders, however, insist on a deed in lieu of foreclosure. A deed in lieu of foreclosure involves deeding property to a lender with an agreement of forgiving either the entire mortgage loan, or at least a substantial portion of it. One reason why this is more mutually beneficial is that lenders can typically recoup their unpaid mortgage by selling the property, and upside down homeowners are no longer legally bound by a contract.

• Home Buying Companies: You may have come across references to companies that buy houses for cash in Utah, both online and otherwise. And you may have even assumed they were a scam. But they’re not. There’s numerous houses buying companies & services out there which are legitimate, reputable and more importantly, willing to help you legally leave a mortgage contract without a short sale or potentially damaging or defaulting on your credit. A home buying company is exactly what it sounds like; a licensed company (as opposed to a homebuyer) which purchases homes from both distressed or simply eager sellers. They’ve become prevalent in recent years for various reasons; both to assist homeowners with mortgage obligations, but also with the intent of renovation and resale. And while you may receive less than the initial value of your home as a result, you don’t have to pay out of pocket or negotiate with a buyer, agency or lender. Most importantly, you avoid any negative credit impact as a result of foreclosure. The main benefit to using a home buying company isn’t just avoiding ruining your credit or defaulting on your mortgage, however. Because home buying companies typically pay full cash value for a home and frequently at a profit for sellers it’s an instant solution to mortgage lender obligations. The process of foreclosure can take weeks if not months to negotiate with a lender. And while that might seem like a minor inconvenience compared to going into debt, the impact it has on your credit rating can take years to resolve. The turnaround time in selling your Utah house for cash to a home buying company is typically a week; often sooner, since many legitimate home buying companies now offer online applications. This is probably the easiest and most convenient solution for homeowners who need to resolve their mortgage contracts or liquify assets quickly and legally; allowing them to start all over again with no negative impact.

Rejected Deed in Lieu of Foreclosure

A common misconception about deeds in lieu is that the property must be in foreclosure. The lender may or may not have filed a notice of default or started judicial proceedings to foreclose but may still be open to discussing a deed in lieu. However, banks are often reluctant to accept a deed in lieu of foreclosure if the homeowner is current, but being current doesn’t mean the bank will refuse. Banks are under no obligation to accept a deed in lieu of foreclosure. Here are a few reasons why a bank might refuse a deed in lieu:

• Such action is not profitable for the bank. If a bank believes it can make more money through foreclosure, because the property has equity or the federal government is providing financial incentives to the bank to foreclose, the bank might reject a homeowner’s offer to deliver the deed in lieu of foreclosure.

• Junior encumbrances, judgments, or tax liens. Any subsequent lien filed against the property will stay with the property and become the lender’s responsibility if not released prior to the agreement for a deed in lieu of foreclosure. Typically, a property with only one loan is the best candidate. Or, a second lender might accept a deed in lieu if the first loan is current and the property is worth more than the sum of its encumbrances.

• Servicing guidelines prohibit deeds in lieu. Many loans are serviced by PSAs, and the guidelines in those PSAs might prohibit a deed in lieu of foreclosure. PSAs are required to follow guidelines and those terms cannot be altered.

• Unacceptable terms. It is also possible that the PSA might ask the borrower to make a financial contribution in exchange for acceptance of the deed in lieu, and the borrower might refuse either due to principle or lack of principal.

Drawbacks to a Deed in Lieu of Foreclosure

Always seek legal advice before jumping at the bit to give the bank a deed in lieu of foreclosure. Remember, it is in the bank’s interest to obtain the deed from you. It might not be in your best interest to comply. In some ways, it can be argued that giving a bank a deed in lieu of foreclosure is just a step above walking away from your mortgage. Following are a few ways you could be affected with a deed in lieu of foreclosure:

• It will affect your credit: A deed in lieu will show up on your credit report. Some sources say the affect on credit is identical to that of a full-blown foreclosure. Each individual’s situation is different. When in doubt, call a credit bureau and ask.

• Ability to buy another home: There is no such thing as giving a deed in lieu and turning around to immediately buy another home.

• Compare the wait to buy after a foreclosure, which is seven years without extenuating circumstances, five with, and what you have picked up is essentially a three-year gain. Looking at it another way, a short sale may qualify you to buy a home within two years, in which case you may have lost two years if you are forced to wait four years after a deed in lieu.
• Release of liability: Make sure that the deed in lieu specifically releases you from liability to repay the loan. Moreover, there is little point in handing over title if you have a second lender that will pursue you for a deficiency.
• Potential Tax Effects: Be sure to ask your accountant whether the cancelled debt from your home loan could result in a tax liability. Temporarily, the 2007 Mortgage Forgiveness Debt Relief Act continues to offer protection due to an extension provided by the Bipartisan Budget Act of 2018, and that legislation gets renewed annually. Insolvency may be another exemption available.

Deed in Lieu of Foreclosure Documents

If approved for a deed in lieu of foreclosure, the bank will send you documents to sign. You will receive:
• a deed that transfers ownership of the property to the bank, and
• an estoppels affidavit. (Sometimes there might be a separate deed in lieu agreement.)
The estoppels affidavit sets out the terms of the agreement and will include a provision that you are acting freely and voluntarily. It might also include provisions addressing whether the transaction is in full satisfaction of the debt or whether the bank has the right to seek a deficiency judgment.

Deed In Lieu Of Foreclosure Attorney Free Consultation

When you need legal help with a deed in lieu of foreclosure in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/deed-in-lieu-of-foreclosure/

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Saturday, May 2, 2020

Assessment Of Environmental Risk Pre-Foreclosure

Assessment Of Environmental Risk Pre-Foreclosure

Foreclosures on commercial properties are decreasing. The average percentage of an institution’s overall environmental due diligence that was for foreclosures fell from 17% in 4Q11 to 9% in 4Q12. Additionally, 38% of respondents expect to see lower foreclosure volume in 2013, and another 45% expect levels to remain this year as last year. Even as commercial real estate foreclosures stabilize or decrease, lenders need to remain vigilant about their environmental risk exposure when foreclosing on commercial properties. Without a clear pre-foreclosure policy, a bank becomes especially vulnerable. If the property securing a loan transaction has environmental issues, there are a number of downsides, which is why most lenders require some type of environmental screening as part of their underwriting, particularly in today’s risk-averse climate. In general, environmental issues on properties used as collateral can:

• expose the bank to direct liability for cleanup costs as well as probable litigation;
• cause buyers to default if they are forced to divert cash flow to pay for cleanup; and
• damage a bank’s reputation, brand and image.

Environmental due diligence takes on even greater significance for lenders in cases of foreclosure. Most lenders require some type of environmental screening as part of their underwriting for new loan originations; most commonly following or requiring their borrowers to follow AAI/ASTM E 1527-05 protocol at origination. It is less common for financial institutions, especially small community banks, to have policies that dictate environmental requirements specifically for pre-foreclosure situations. The purpose of this Technical Brief for lenders is to explore how lenders’ policies for foreclosures are different than for other types of bank activities (i.e., new loans, refinancing, etc.).

When Lenders Become Owners

What makes foreclosures unique and potentially problematic is that they essentially turn lenders into owners, subjecting them to the same environmental liability that property owners face under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), even if they did not cause the contamination, and even if they sell the property quickly. As a result, regardless of whether or not they conducted (or required the borrower to conduct) environmental due diligence at origination, lenders should address it before foreclosing on a commercial property. Usually this is by having a Phase I environmental site assessment performed in accordance with the U.S. Environmental Protection Agency’s All Appropriate Inquiry (AAI) Rule or its equivalent, ASTM’s E 1527-05 standard.

A look at EDR Insight’s recent survey on commercial property foreclosures reveals that:
• 87% of lenders have some form of environmental due diligence requirements pre-foreclosure.
• 56% have a different scope of work for foreclosures vs. new originations/refis.
• 28% have vapor intrusion screening requirements pre-foreclosure.
When it comes to pre-foreclosures, banks typically have more stringent environmental due diligence (EDD) policies than for originations or refis.

In the case of originations, in general, the loan amount determines the level of EDD. In the case of pre-foreclosures, a Phase I ESA is required regardless of property value. “Any and all commercial real estate asset for which we are considering taking title (friendly or otherwise), we require a Phase I ESA as the initial EDD.” “What is truly different is the manner of interpretation. A ‘pre-lending analysis’, while thorough in its own regard, is largely intended to support the financial underwriting by facilitating ‘an informed business decision’. A ‘pre-foreclosure evaluation’ by contrast must consider potential liabilities that may occur if the tenets of Secured Creditor exemptions are inadvertently violated.” In addition, Phase II ESAs are generally more common pre-foreclosure. Banks face greater environmental risks in foreclosures. As a result, most banks will be quicker to progress to a Phase II than they would in pre-lending situations, according to a regional bank. Additionally, the likelihood of a bank conducting a Phase II “is greater for bank assets that have been acquired through a merger/acquisition,” because the level of environmental due diligence at origination is unknown, notes one risk manager from a Fortune 500 Bank. Whatever the reason, reliance on Phase II ESAs have been on the rise. The likelihood of “needing further intrusive investigation had historically been 17% to 23%.” “Through the end of 2012, the ‘hit rate’ had been closer to 30% to 35%, reflecting a need to be truly cognizant of any and all environmental concerns for purposes of valuation, as well as liability protection. The numbers in 2013 have largely shown a return to the historic lower levels of situations requiring Phase II ESAs.”

The High Cost of Contamination

If a bank forecloses on a contaminated property, cleanup costs can be considerable. Contaminated property can also be difficult if not impossible for a financial institution to sell. In one case, a bank originated a loan on a strip mall that once housed a dry cleaning facility, but conducted no testing on the property at the time of loan origination. When the bank later foreclosed on the property and conducted due diligence, the investigation detected significant soil vapor contamination and possible groundwater impacts. In the end, the total cost of the cleanup amounted to a significant one-third of the appraised value of the property. In developing a pre-foreclosure policy, banks should consider all types of environmental risks. Vapor migration/intrusion is one issue that is getting a significant amount of attention. Some environmental consultants automatically include consideration of vapor intrusion (VI) as part of their Phase I ESAs, while others do so only at a client’s request. Foreclosures present extremely different liability concerns for lenders than just extending credit, primarily because the lender is essentially becoming the unwilling owner of the property with all of the potential liability that carries. This is very different than being able to assert a secured creditor defense in a case where the borrower holds title to the site. As such, banks should define clear plans for pre-foreclosure environmental due diligence to effectively manage their risk exposure and avoid unwelcome environmental surprises in trying to resell the property.
In writing policies to manage their liability exposure when foreclosure appears imminent, lenders should consider:
• Writing a pre-foreclosure policy that is more stringent than those used for new loan originations, given the added risk exposure to the financial institution.
• Starting with an AAI/ ASTM E1527-05-compliant Phase I ESA to ensure the institution can qualify for CERCLA liability protection.
• Having a site visit conducted before tensions with tenants escalate and site access becomes an issue.
• Consulting with a trusted, qualified environmental professional to set triggers in bank policy for which loans would merit adding inspections for other environmental issues, like mold, asbestos, lead-based paint or vapor intrusion.

Why is an Environmental Risk Evaluation Important?

Potential environmental concerns associated with real property collateral represent a significant risk exposure. Although lenders may have secured creditor liability exemptions, in order to qualify for the exemption, lenders must demonstrate proper due diligence prior to lending and foreclosing. Even if the liability exemption is valid, the collateral may not be worth its appraised value and banks may have difficulty selling a contaminated site (if not cleaned up) without a significant discount or indemnity. Most importantly, the clean-up liability exemptions provide no protection from third party liability. Furthermore, remediation obligations may impair the borrower’s ability to repay the loan. Therefore, it is critical to evaluate environmental concerns identified in due diligence reports, establish risk control mechanisms, and manage the lender’s exposure to environmental liability.

What You Can Do

When reviewing environmental due diligence reports associated with collateral, the following considerations should be evaluated:
• Ensure that the proper level of due diligence was conducted based on the Environmental Risk Policy.
• Ensure that the due diligence report covers the entire collateral.
• Ensure that environmental reports are prepared by qualified environmental professionals and are conducted consistent with standard industry practice and federal guidelines for environmental due diligence.
• Conduct an all-inclusive review taking all aspects of the deal into consideration, such as: type of loan (purchase, refinance, SBA, pre-foreclosure, trust asset acceptance), loan amount, proposed changes to land use, environmental provisions of the Purchase and Sale Agreement, indemnity agreements, Provide an opinion as to the environmental condition of the collateral, provide a summary of environmental concerns and potential mitigants to assist credit management in their evaluation.
• Understand and summarize any ongoing environmental regulatory requirements, remediation activities, and/or continued obligations that may be required over the life of the loan.
• Evaluate potential implications associated with environmental risk/liability to the lender.

Evaluating environmental risks in real estate transactions

Evaluating environmental risks associated with real estate transactions is a standard, and often standardized, practice for sophisticated real estate practitioners. However, in light of several recent developments the uptick in transactions from the nadir of the recession, recent changes to risk evaluation standards, and a renewed regulatory emphasis on environmental compliance and enforcement in light of recent, high profile environmental releases now is an appropriate time for an update on identifying, evaluating, and minimizing environmental risks. In this context, the term “environmental risks” refers most often to risks stemming from environmental conditions of a property; however it may also refer to risks based on regulatory programs concerning a property or resource limitations. The specific environmental risks associated with a particular real estate transaction vary greatly depending on the property in question and type of transaction. Generally speaking, every property should be evaluated for potential soil and groundwater contamination, both onsite and on surrounding properties. Historical records, regulatory files, and possible resource or use restrictions should also be studied, depending on the nature of the transaction and the party’s particular interest.
Initial Risk Evaluations: Phase I Environmental Site Assessments and

Transaction Screens

Often, a Phase I Environmental Site Assessment is the first and only environmental risk evaluation conducted for a real estate transaction. The objective of a Phase I assessment is to identify the presence or likely presence of hazardous substances or petroleum on, in or at a property due to a contaminant release or under conditions that pose a material threat of a future release. In real estate transactions, Phase I’s are generally done for two reasons:

• to evaluate, on a limited basis, environmental risks associated with a property; and
• to satisfy one of the requirements for certain defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), such as the “all appropriate inquiries” requirement of the bona fide prospective purchaser (“BFPP”) defense.
For parties who would prefer to conduct an initial evaluation that is even more limited than a Phase I, a Transaction Screen is an available option. ASTM just recently completed revisions to the standard for Transaction Screens, ASTM 31528-14, in February 2014. Among the revisions, one of the most significant is to make abundantly clear that a Transaction Screen is not a Phase I and will not provide CERCLA liability protection and may not provide a definitive evaluation of the presence or absence of environmental contamination at a given property. Specifically, the Transaction Screen is “intended for use on a voluntary basis by parties who wish to assess the environmental condition of commercial real estate where a Phase I Environmental Site Assessment is, initially, deemed to be unnecessary by the user and the parties do not seek CERCLA [BFPP or other Landowner Liability protections].” ASTM E1528-14, § 4.1. The prime candidates to obtain a Transaction Screen in lieu of a Phase I are commonly lenders or other parties who believe they already have CERCLA liability protections without needing to conduct all appropriate inquiries.

Environmental Risk for Lenders: CERCLA’s Limited Lender Liability Protection

While lenders are generally exempt from liability arising from the contamination of the property prior to the date on which title vests in the lender-owner, the exemption applies only so long as the lender does not participate in the management of the property and holds indicia of ownership primarily to protect its security interest. It is important to note that lender liability protections are not absolute. For example, lenders are not protected from CERCLA liability if they are deemed to participate in the operational management of the property, or if they arrange for offsite transport or disposal of hazardous materials. Furthermore, lenders can lose liability protections after taking title through foreclosure or another mechanism. The lender liability protections apply only to liabilities created by CERCLA, and possibly by a corollary state statute, if one exists. These provisions provide no protection against tort liability or liabilities created under other statutory provisions. Accordingly, prior to taking title, lenders who want to preserve as many future options as possible with regard to the ownership and operation and/or sale of the property should conduct a Phase I, at a minimum, to evaluate environmental risks associated with the collateral at issue. While a Phase I or a Transaction Screen serve important functions, both are limited tools. Neither addresses many potential non-CERCLA- or petroleum-related risks that may need to be considered at a particular property. These “non-scope” considerations include asbestos-containing materials, mold, wetlands, regulatory compliance, water resources, cultural and historic resources, endangered species, and occupational health and safety. Often, a Phase I will cover asbestos or mold, but few address many other non-scope considerations. Depending on the real estate in question, these additional risks can be quite significant and evaluating them requires careful consideration of the unique factors for the property in question. While either a Transaction Screen or a Phase I can be a good starting point, it often needs to be supplemented with a more thorough evaluation that assesses other potential risks, which may lead to liabilities, transaction delays, and additional costs associated with owning, holding title to or operating an impaired property, and in some cases even limit future exit strategies.

All summed up, from the lenders’ perspective, here are likely the most significant points to consider for your environmental process.
• Policy: You must have a written policy specific to your organization’s lending practices, it must be approved and annually reviewed by the board of directors, and there must be a knowledgeable senior officer responsible for its implementation. You must be able to document that you followed your policy, whatever it says, during an examination.
• Level of Effort: You should vary your level of effort for environmental due diligence based on the specifics of the transaction. You can use both in-house staff and third parties to complete the due diligence but the third parties must be monitored and their products evaluated by a knowledgeable person before making a lending decision based upon them.
• Beyond the Standard: Beyond ASTM and AAI, you should consider other liabilities associated with real estate not included in the standards. Further, you should look at potential environmental issues unrelated to real estate when devising your environmental policy.
• Pre-Foreclosure: Don’t participate in management or foreclose without appropriate environmental due diligence.
• Monitoring: You must monitor your portfolio, especially those environmentally risky properties.

Real Estate Lawyer Free Consultation

When you need legal help with a real estate lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/assessment-of-environmental-risk-pre-foreclosure/

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How Long Do They Keep You In Jail For A DUI in Utah?

How Long Do They Keep You In Jail For A DUI

Most people are aware that a DUI offense can have various negative consequences including Driver’s license suspension (though it may be possible to continue driving with an ignition interlock device (IID) installed), Fines and Mandatory alcohol program. However, the possibility of serving jail time is likely the scariest consequence of a DUI conviction or DUI probation violation. It is not always clear when a DUI can land you in jail.

How long you go to jail for drunk driving in Utah depends on your blood alcohol content (BAC) and whether you have previous drunk driving convictions. The penalties for a DUI conviction in Utah range from no jail time to as many as five years in prison. But even if you escape jail, you could face a number of other penalties for drunk driving in Utah. These penalties could include license suspension, probation, fines, and mandatory alcohol treatment. You will also face many DUI costs of which you were likely unaware.

DUI Penalties in Utah

In Utah, the courts take drunk driving seriously. Even for a first offense, you could face probation, fines, traffic safety school, and alcohol treatment. The penalties get progressively worse if you receive subsequent convictions or if your BAC rises above certain thresholds. The DUI penalties in Utah based on the number of previous convictions you have are as follows:

No Prior DUI Convictions

If you have no prior DUI convictions and your BAC was at or above 0.08% but below 0.1%, you could face:
• Up to six months’ probation
• A maximum fine of $300
• Mandatory traffic safety school
• Possible alcohol treatment

If you have no prior DUI convictions and your BAC was 0.1% or above but below 0.16%, you could face:
• A one-year driver’s license suspension
• Up to six months in prison
• A maximum fine of $5,000
• Mandatory traffic safety school
• Possible alcohol treatment

If you have no prior DUI convictions and your BAC was 0.16% or above, you could face:
• One-year driver’s license suspension
• Up to six months in prison
• A maximum fine of $5,000
• Mandatory traffic safety school
• Possible alcohol treatment

One Prior DUI Conviction

If you have one prior DUI conviction and your BAC was at or above 0.08% but below 0.1%, you could face:
• Up to 12 months driver’s license suspension
• Up to six months in prison
• A maximum fine of $2,500
• Mandatory traffic safety school
• Possible alcohol treatment
• One-year ignition interlock

If you have one prior DUI conviction and your BAC was at or above 0.1% but below 0.16%, you could face:

• Up to 12 months driver’s license suspension
• Up to six months in prison
• A maximum fine of $5,000
• Mandatory traffic safety school
• Possible alcohol treatment
• One-year ignition interlock

If you have one prior DUI conviction and your BAC was 0.16% or above, you could face:

• Up to an 18-month driver’s license suspension
• Up to five years in prison
• A maximum fine of $10,000
• Mandatory traffic safety school
• Alcohol treatment
• One-year ignition interlock

Two or More Prior DUI Convictions

If you have two or more prior DUI convictions and your BAC was at or above 0.08% but below 0.1%, you could face:
• Up to a 12-month driver’s license suspension
• Up to two years in prison
• A maximum fine of $5,000
• Alcohol treatment
• One-year ignition interlock
If you have two or more prior DUI convictions and your BAC was at or above 0.1% but below 0.16%, you could face:

• Up to an 18-month driver’s license suspension
• Up to five years in prison
• A maximum fine of $10,000
• Alcohol treatment
• One-year ignition interlock

If you have two or more prior DUI convictions and your BAC was at or above 0.16%, you could face:

• Up to an 18-month driver’s license suspension
• Up to five years in prison
• A maximum fine of $10,000
• Alcohol treatment
• One-year ignition interlock

First, Lawyer can review the circumstances of your case and determine if it is possible to create reasonable doubt as to your guilt. Perhaps the arresting officer did not follow proper protocol. Maybe the breathalyzer used to capture your BAC was not properly calibrated. There are dozens of potential ways to call your guilt into question. If it looks as if the prosecution has unassailable proof of your guilt, a lawyer can negotiate with the state to knock your DUI charge down to a lesser charge. Everyone who gets a DUI immediately goes to the “this is the end of the world” extreme, but in reality, DUI’s are charged against all different types of people, and there are definitely folks who you know who have gone through this but have not made their battle publicly known. So the primary thing to know is that you’re not the first person that has gone through this and that people have made it through these circumstances before without it ruining their lives.

Getting one DUI charge doesn’t make you an alcoholic, a bad person, or a low-life. On today’s roadways, police officers generally do not show mercy to anyone who has had even one drink, some marijuana earlier in the day, or, on certain occasions, those drivers who are just taking their medications as prescribed. In short, getting a DUI is a lot easier than you think. If and when it happens, you just have to be ready. For a first-time DUI, an officer does not have to book you into jail and often times, if you are respectful to the officer, he will bring you home after he has processed the DUI so that you can at least sleep in your own bed. Your car will always be impounded when you’re arrested on suspicion of DUI, so getting that back should probably be your first priority, as the bill can rack up quickly if it sits there too long. If you are booked into jail on your first DUI, it is smart to try to bail out as quickly as possible. Bail on a first DUI generally will be $1,000, and you can, therefore, get a bail bond for about $100, or you can post the full amount, which means that it will all be returned to you at the conclusion of the case. One tip here is that if you are eventually convicted of a DUI (under a 0.15 BAC), you will have a mandatory minimum of 24 consecutive hours in jail. Therefore, if you’ve been in jail for let’s say 20 hours and then bail out, you will not be given credit for that.

It may be wise to sit there for 4 more hours to get the full 24 hours in, which may mean you don’t have to go back to jail later on. Once you are out of jail and you’ve retrieved your car, the best thing you can do is call a DUI attorney. It’s actually wise to call a DUI attorney before you’ve decided whether to take the breath test at the station as well, but here we’re focusing on what to do after you’ve been arrested. Most times when you leave jail or after you’ve been dropped off by the officer, you do not have a court date in your hand yet. You will receive a summons in the mail in the weeks or months following the arrest, which will tell you what your first court date is and what court it will be held in. Again, sometimes this summons comes during the week of the incident and sometimes you have to wait and wait for it to arrive. This depends on several factors, one of which is whether you did a breath test or a blood draw. Blood draw cases have to be sent to be tested and then the results are returned to the prosecutor’s office. This means that your summons in a blood draw case will generally take longer. Just because the summons might take a while to get to you, doesn’t mean it’s a good idea to just sit back and do nothing after the arrest, as there is also the Department of Licensing side to a DUI case.

When you get arrested for a DUI you will generally be given a form showing you how to request a Department of Licensing (DOL) Administrative Hearing. This hearing must be requested within 20 days of arrest, regardless of what is happening with your criminal case, so there is a reason to get moving on talking to a DUI attorney once arrested. If you do not request a hearing within this 20-day time period, and your breath test was over the legal limit, your license will be suspended automatically starting 60 days after the incident date. While you don’t technically need an attorney for the DOL hearing, to not have one is to basically throw away the money for the hearing ($375.00) as these are complex hearings where legal issues need to be understood and argued. An attorney can talk to you about what happened while it is fresh in your memory and can even help you submit the DOL hearing request. Essentially, the defense for your DUI can start long before the criminal charge is filed.

In addition to the benefits of having things fresh in your mind and having an attorney there to help you with the DOL hearing from the beginning, there are another few benefits to getting an attorney on board right away. There may be investigative items that need to be looked into which will disappear with time. An attorney might want to have you get started with a drug and alcohol evaluation right away. An attorney may want to start preparing pretrial motions for your case so that they can put the prosecutor on notice of issues right off the bat. These are just a few of the reasons to consult an attorney right away, but the main reason this makes sense is that you’re usually going to be paying an attorney a flat fee for representation, so why not get your money’s worth and have him or her help you throughout? It should be the same cost either way so let your attorney work for you from the get-go. A DUI charge is a daunting task, but having a trusted attorney on your side throughout makes you realize that this won’t be the end of your life as you know it.

An arraignment is the act of bringing a defendant to court and formally reading the charges against him or her. It is at this point that you enter your plea: guilty or not guilty. However, that’s not the only jail time you will serve if you are convicted. All DUI crimes in Utah come with jail time. How long you are in jail depends upon the severity of the crime with which you were charged. Upon being arrested on a DUI charge, you will be brought to the police or Sheriff’s station for processing. If you are injured in a crash related to a DUI, you will be brought to the hospital first, and then processed upon your release.

Once you arrive at the station, you will likely be ordered to take a chemical test to measure the amount of suspected alcohol or drugs in your system. After that, you’ll be read your rights and questioned. You can have a lawyer present for this, if you so choose. From there, your driver’s license will likely be taken away, and you will be given a temporary license in its place. You will be informed that your license is to be suspended, however you have ten days to fight the suspension. You may want to consider retaining a lawyer to help you fight this. Living without a license is incredibly stressful, especially when trying to get to work and back. And the last thing you need is to be charged with driving without a license. While you may be held in a jail cell during this process, this is local prison, not a prison for hardened criminals. If this is your first DUI-related conviction, or if your last DUI-related conviction was more than 10 years ago, you will be sentenced to a minimum of 48 hours in jail, up to but not exceeding six months. Time served will be in a local prison, rather than a state prison and you can usually serve your time in the same city of your arrest. A DUI defense lawyer may be able to work out a negotiation in your favor. For instance, he or she may be able to convince the court to supplement your 48-hour jail sentence with a five-day work release instead.

If, however, this is your second or third offense, the punishments may be more severe:
• Second DUI Offense – Up to a year in a local jail
• Third DUI Offense – Mandatory six months to a year in a local jail
• Fourth (or More) DUI Offense – Up to 3 years in state prison
If you have four or more offenses, it no longer matters if they were within the last ten years. You can be sentenced to up to three years in jail, even if it has been ten years since your last conviction.

DUI Attorney Free Consultation

If you’ve been charged with a DUI in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/how-long-do-they-keep-you-in-jail-for-a-dui-in-utah/

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Friday, May 1, 2020

ATV Accident Lawyer Provo Utah

ATV Accident Lawyer Provo Utah

Just an hour south of Salt Lake City on Interstate 15 there is a section of the state called Utah Valley. Although the Ute Indians anciently inhabited this area, today the valley is home to Provo, Utah’s second largest city. To the west of Provo lies Utah Lake and to the east of the city stand a towering range of mountains called the Wasatch Front. The history of Provo is an interesting page in the history of the Beehive State. Visitors who come to Provo will find several historic sites.

These historic sites are cultural resources worthy of preservation as landmarks of the community. Utah Valley was the traditional home of the Ute Indians. This people were known also as the Yutan Indians, or the Utah Indians. Looking at the names of the native people of the state, it becomes obvious from whence Utah got its name. These Indians called Utah Valley home because Utah Lake was full of fish that kept the tribe fed and they were protected from bellicose groups of Indians that lived to the Northeast. The Wasatch Front acted as a natural barrier to the enemies of the Ute Indians. They kept an excellent written record of their journey and the places that they visited. This group came from Santa Fe, New Mexico along a route that was called The Old Spanish Trail. They came to this area to meet with the Ute Indians. They had been doing business with the Ute’s for some time. In their written record, the Franciscan monks recorded that they were so impressed with the beautiful, green valley that they made plans to set up a settlement in Utah Valley as soon as possible. However, there was a retrenchment in Spanish new-world colonization; this kept the Franciscans from setting up their settlement in Utah Valley. All that remains of their visits to the area are their written records. Utah County Courthouse Caucasian fur trappers were familiar with central Utah and specifically Utah Valley. They frequented the area through the nineteenth and early twentieth century. In fact, the city Provo was given its name in honor of an early trapper, Etienne Provost. Provost was a well-known fur trader and explorer from Quebec. In historical documents his name is recorded in different ways. He is mentioned under the name Provost, Proveau, and Provo. All three are variations of the same name. Provost was a well-known and respected mountain man. Many records have him recorded as the first white man to go far enough norths to see the Great Salt Lake. He established a trading post on the shores of Utah Lake. The Provo River and the city of Provo were both named after this man. Provo was settling by Mormons (members of the Church of Jesus Christ of Latter Day Saints) in 1849.

It was the first Mormon colony in Utah outside of the Salt Lake Valley. The Mormon settlers had problems with the Indians that lived in the area. The Ute Indians were very aggressive toward groups of people who tried to move in and take over their land. The new settlers built the town into a defensive fort called Fort Utah. It was built as a stockade with exterior walls that were fourteen feet high. They had to live in a manner that was close to a state of war from the time that the settlers first came to Provo. Peace came slowly between the Mormons and the Ute Indians, but after the first year, the settlers had to set up homes outside of Fort Utah and make Provo a more comfortable city in which they could live. Provo was built up quickly as many members of the Mormon Church moved there from different parts of the world. They set up farms and industrial centers. Provo soon became known as the “Garden City” because of its extensive fruit orchards, trees, and gardens. In the late 1860s, industrialization began with the creation of The Provo Woolen Mills. In the 1920s, the Ironton Steel Mill was established, and later the much larger Geneva Steel Plant was built in the city. These industries were a success. Provo quickly became the second largest city in Utah. The Brigham Young Academy was founded in Provo in 1875. This school grew into what is now Brigham Young University (BYU). It is the largest church-affiliated university in the United States. BYU’s students quickly outgrew the Brigham Young Academy Building, and the campus moved to its present location. The Academy today stands restored in its original location, but now as a beautiful public city library. In 1919 the citizens of Utah County and of Provo City voted bonds for the erection of a new joint building. The cornerstone was laid December 14, 1920. On December 15, 1926, the building was dedicated with prayer, speeches and music. Although most Utah buildings carry very little sculpture of any kind, the Utah County Building pediment is decorated with sculpture designed by the architect and sculpted by Joseph Conradi. The Utah County Building, formerly known as the Provo City and County Building, is located in the center of town at the intersection of University Avenue and Center Street. The building has octagonal towers at each of its four corners. When it was first constructed, it had a central tower rising 147 feet into the air from the roof. Unfortunately, the roof was not able to support the weight of the central tower; the building was partly condemned in 1918 because the roof was under such great stress. The Tabernacle was renovated at this time, but the tower was allowed to stay until 1949 when the building was again condemned for the same problem. The weight of the tower was causing the roof to sag. At that time, a local carpenter and contractor named Charles Miller designed a method to remove the central tower. He was hired and completed the project in 1950. The renovated tabernacle is located on University Avenue between Center Street and First South. It is used for church meetings and cultural events, such as staging Handel’s Messiah each year at Christmas Time.

Insurance Coverage for Accidents On Land You Own

According to Black’s Law Dictionary, the “insured premise,” as defined within insurance policies, typically refers to the parcel of land or structure and the surrounding area that is listed within an insurance policy. For homeowner’s insurance, the insured premise is the land specified in the deed. Because homeowner’s insurance policies cover accidents that occur on the insured premise, as defined by the policy, an ATV accident on the premise will be covered under a homeowner’s insurance policy. However, you should check your homeowner’s insurance policy to see if the policy covers all accidents or accidents caused by “the insured” or the “insured family members.” At least one court determined this exception barred non-related individuals from being covered under by the homeowner’s insurance policy for an accident that occurred on the insured premise.
Insurance Coverage For Accidents On Land You Don’t Own
A standard homeowner’s insurance policy provides some liability coverage for the insured of the policy when an accident does not occur on the insured premise, however, there are exceptions. One exception comes from the phrase arises out of the premise. When the injury occurs off the premise, the critical question for the courts becomes: what caused the accident? For example, if you are riding an ATV in your neighbor’s field with permission and you drive over a large hole, which causes the ATV to flip over resulting in personal injury, law have ruled this accident “arises out of the premise” and your homeowner’s insurance could deny you coverage. However, the same courts have ruled that the phrase “arises out on the premise” does not apply to accidents involving negligence. For example, if your neighbor and you are riding ATVs in your neighbor’s field and your neighbor drives too close and hits your ATV, which causes the ATV to flip over resulting in personal injury, Law have ruled this accident does not “arises out of the premise” and your homeowner’s insurance would provide coverage. The courts distinguish the two incidents by defining the phrase “arises out on the premise” as requiring the land be “casually related to the occurrence.” Meaning, if the land is defective, and you do not own the land, then your homeowner’s insurance will not cover the accident.

What Permission Do You Need to Ride an ATV on Someone’s Land?

ATV accidents occur regularly throughout the United States, many of them leaving riders with severe and often life-changing injuries. These consequences can frequently be caused due to a defect in the land that ATV is being driven on. But let’s face it: sometimes people ride ATVs on property when they don’t have permission to do so. What does this mean for the injured person? The law looks at these injuries differently depending on whether permission was given, whether the property owner knew the ATV rider was on the property, and other situations. When a person is invited to use personal property to ride an ATV, that person is considered an “invitee.” This is most common on ATV courses, where people pay money to ride on the course. In a situation like this, the property owner is responsible for making sure there are no defects in the property, like holes or ditches that aren’t clearly marked, or making the rider aware of any potentially dangerous areas that they should avoid. A licensee has permission to use a landowner’s property for his own convenience, curiosity or entertainment. There is usually no business transaction, simply permission granted by the owner to ride on the land. The important detail here is that the landowner is aware that the ATV riders are using their land and allow them to do so. When a landowner gives permission to a licensee to use the land, they become responsible for any defects in the land that could cause an accident. If they allow a licensee to use their land knowing that there are defects that can cause accidents, like large holes in the ground, they may be responsible for damages. If an ATV rider is riding on someone else’s property, and the landowner doesn’t know they’re on the property, then the ATV rider is considered a trespasser. Whether or not a landowner knows the person is riding there is very important. If a landowner knows people are on the property without permission, they’re still responsible for taking care of the defects or at least making the riders aware of them. Trespassers are responsible for any accidents or injuries caused by land defects. This is because the owner isn’t aware of their presence, and never gave them permission to use the land. When a landowner isn’t aware, they aren’t able to properly take care of or warn about any land defects.

ATV Accident Scenarios

One of the most likely scenarios is for a rider to unknowingly cross a property line, and then perhaps hit a stump from a freshly cut tree. For the average citizen, it’s difficult to assess just who is responsible for that accident. Although you may not have permission to be on the land, there may not be clear markers to let you know. The existence of the stump may have left the area unsafe as far as the court is concerned. Because there is no external protection on some ATVs and only limited external protection on others, there is every potential to develop long-term issues as a result of an accident on an ATV. This is especially true if you weren’t wearing safety gear or your safety gear wasn’t able to cover some vulnerable areas, like your vertebrae. Again, it’s difficult for the average citizen to assess who is responsible for such injuries, much less enforce that responsibility. Short-term injuries don’t sound threatening because they may not last as long as other injuries. At the same time, they may cause you to miss work, and can limit your day-to-day responsibilities. It’s important that you don’t have to risk losing anything if you aren’t the one ultimately responsible for the injury in the first place. For some people, losing a day’s pay doesn’t mean a lot, but for the majority of the country, it could mean the loss of services or even healthcare. This is not even including medical bills and the cost of other expenses necessary in getting you back on your feet.

Provo Utah ATV Accident Lawyer

When you need help with an ATV Accident in Provo Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/atv-accident-lawyer-provo-utah/

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Managing Employees In Your Business

Managing Employees In Your Business

Much of a small business owner’s time is spent managing employees, which requires a basic understanding of employment law and the ability to maintain a harmonious workplace.

Employees and the Internet

The Internet and email have provided easier communication with customers, vendors, and employees. Although the Internet is an asset to most, if not all, businesses, it’s also important to have Internet and email policies in place to make sure that your business won’t get into to trouble, keep your business secure, and to promote your employees’ productivity. First, it’s important to have a clear and easy to understand employee Internet and email usage policy in place. This policy should explicitly outline which websites are appropriate and which are not for employees to visit while they are working.

You should also put your employees on notice if you plan to monitor their Internet usage. Monitoring employees’ Internet use is common practice among businesses these days, and most employees have a lower expectation of privacy when they use the Internet on their work computer. It’s also common for businesses to install software that limits access to certain websites, which can keep the company computer and information secure and lower the time an employee wastes while he or she should be working.

Employee Personnel Files

It’s probably a good idea to keep a personnel file for each of your employees. These files are meant to contain job-related documents, such as offer letters, job applications, employment contracts, and information relating to the employee’s salary and benefits. You can also keep any documents relating to employee discipline and performance evaluations in an employee’s personnel file. Items that should not be kept in an employee’s file are I-9 forms and medical records. Employees’ completed I-9 forms should be kept in a separate folder, while any medical records should be kept in compliance with the rules outlined in the Americans with Disabilities Act.

As for who can access employee personnel files, it’s a good idea to keep them in a locked file cabinet and limit who can access the files. Most states allow employees to see some of the contents of their own files. Generally, employers are allowed to be present while the employee reviews his or her file so that you can ensure that the contents of the file are not altered by the employee.

Leave Laws

Part of a manager’s job is to implement an effective employee leave program, which requires a functional understanding of federal and state leave laws. While some employers offer paid vacation and sick days as employee benefits, certain types of unpaid leave are mandatory in accordance with state and federal employment laws.

Employee Leave Policies

There are certain employee leave policies that employers are required to implement and others that are optional. For example, employers are not required to offer paid time off for vacation. However, if they do offer paid time off, it is considered to be compensation and employees must be paid out on it if the employment ends. Leave policies that employers must implement involve allowing employees to join the military, serve on a jury, or vote.

Certain employers – ones with 50 employees or more within a 75 mile radius – must also comply with the FMLA. This federal law requires employers to provide employees with up to 12 weeks of unpaid leave after the birth or adoption of a child, to care for a family member with a serious mental or physical health condition, or to take care of his or her own serious mental or physical health condition. Each state may also have its own mandatory leave laws, so it’s important to check the laws of your state to see what laws apply to your business.

Military Leave

There is a federal law that protects military service members’ jobs in the event that they choose to or are required to fulfill their military service. More specifically, the Uniformed Services Employment and Reemployment Relief Act of 1994 (USERRA) prohibits employers from discriminating against employees who serve in the military, and provides rights of reinstatement once they complete their military service. All employers are required to comply with the USERRA, regardless of the company’s size. The law doesn’t require an employer to pay the employee while he or she serves in the military.

The aspect of the law that requires reinstatement of employment does have certain limitations. The employee is required to give advance notice of military training or service, and the cumulative military leave must not exceed 5 years. In addition, the employee must apply for reemployment within a specified time and must have been discharged under honorable conditions. There are also certain instances in which an employer does not have to rehire a military service member. For example, if the reinstatement would create an undue hardship for the employer or if the employment was so brief that the employee would not have a reasonable expectation to return to the position.

Small Business Lawyer Free Consultation

When you need legal help with your business in Utah, please call Ascent Law LLC for your free business law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/managing-employees-in-your-business/

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