Tuesday, June 30, 2015

Catching Up

My three-week trial ended late last week, with a successful jury verdict. But June was a very busy month in the world of New Jersey appellate practice, with numerous important decisions by the federal and state appellate courts. Some of the more significant cases were: Burgos v. State of New Jersey, ___ N.J. ___ (2015) […]

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Home Owner's Insurance And You - Simple Ideas For Success!

Owning a home is a huge undertaking. It involves a big investment and a lot of responsibility. It is imperative that you protect your investment by obtaining homeowner's insurance. This will help reimburse you in case your house sustains damage, you are a victim of theft, or someone visiting your property sustains an injury.

Lower your annual home insurance premiums by raising your deductible. The higher the deductible, the less you pay. Even though you will be stuck with footing the bill for smaller problems you may encounter, it is worth it in the long run. Insurance companies tend to raise a homeowner's premium after any claim they make, no matter how small.

When considering home insurance, consider how important it is to have a higher or lower deductible. With a lower deductible, your rates will be higher throughout the year, but you'll have to pay less for damages to your house. With a higher deductible, you keep more money in your pocket in terms of paying your premium, however most smaller claims will cost less than your deductible amount.

Paying off your mortgage may not be easy, but doing so can make your homeowner's insurance premiums drop significantly. Insurance companies assume that people who own their houses outright are more likely to take good care of them, and so they will file fewer claims that the insurance company will have to pay.

If you have a mobile home or manufactured housing, shop around for special homeowner's coverage that's designed for your needs. Some companies offer special policies depending on the age of your home and where it's located. Some companies also offer coverage to protect your home while it's in transit from one location to another.

Purchase a burglar alarm with central monitoring to save money on your home owner's insurance. Most insurance companies will discount your policy price by up to five percent if you can show proof of a centrally monitored alarm system. The price you pay for the insurance may very well be offset by the discount on your insurance premiums.

Pay your home insurance yearly instead of monthly. Breaking it in to monthly payments may make it seem to be cheaper but if you save the money to pay it in full for the year, you will get a discount for making that payment. This can save you a good bit of money over the years.

Homeowners insurance is important if you own your own home. But you can lower the costs. Just by increasing your deductible, your premium will lower. Home upgrades, like an alarm system, can also lower the costs. You need to ask your insurance company what things you can do to make changes in your home that will allow you to pay less on your insurance.

If you want protection from injury and property damage, try getting more coverage for liabilities. Liability coverage provides protection from injury at your home or from one of the residents of your home. If you damage other's property, you will be covered as well.

Make sure you have adequate additional living expense coverage on your home owner's policy in case you are unable to live in your home due to a claim. This coverage provides funds for temporary housing and expenses due to an insured property being uninhabitable because of a claim. These living expenses can mount quickly, so carrying enough coverage on your home owner's policy can save you expense and worry should a disaster occur.

No homeowner should forgo purchasing homeowner's insurance. Once the deductible is met, homeowner's insurance protects the policy holder from damage that the house may sustain from fire and other accidents, pays for loss from theft, and pays for medical treatment of any visitor who is injured on the property. This makes homeowner's insurance invaluable to all homeowners.

Simon Law Group is a Top New Jersey based law firm, providing a comprehensive range of legal services to businesses and individuals in New Jersey.

Simon Law Group is the place where businesses and individuals turn when they face complex legal issues. We are dedicated to provide high-quality legal services to our customers and clients at market competitive prices. Our mission is to improve the effectiveness of business operations and help our customers understand and comply with New Jersey rules and regulations.

Simon Law Group offers a comprehensive range of legal consultation services. Our expert attorneys provide practical, reliable, accessible, and cost-effective legal consultation services in a multitude of areas such as:

Bankruptcy, Criminal Offenses, Family Law, Landlord and Tenant Rights, Wills and Estates and Driving Under Influence (DUI) Defence

If you would like a free consultation with our expert attorneys in New Jersey, please fill out our online form and we will call you as soon as possible. You can also talk to our attorneys at 800-709-1131.

Affordable Housing A Critical Component of New Jersey’s Economic Growth

Stark & Stark Shareholder Gary Forshner, member of the firm’s Real Estate, Zoning & Land Use Group, authored the article “Affordable Housing a Critical Component of N.J.’s Economic Growth,” which was published on June 26, 2015, by the The Star Ledger. The article discusses how the March 10th New Jersey Supreme Court ruling on affordable housing can impact the state’s economic growth.

The landmark decision will give affordable housing oversight back to the trial courts and will require municipalities to zone for more affordable housing projects in order to provide a variety of housing options for households of all income levels. Municipalities have been able to hide from these requirements because they have not been properly regulated by the executive branch. Gary points out, that since 1999, “no administration – neither Republican, nor Democratic – has proposed regulations to comply with the Mt. Laurel decision and the Fair Housing Act.”

Due to poor regulation, there are few viable affordable housing options availabe, and Gary opines that the lack of affordable housing has negatively impacted New Jersey’s economic growth. One point he makes is that more people than ever are moving back home to live with their parents, or out of state, because they cannot afford their own housing in New Jersey. He also argues that businesses may pass on locating in New Jersey because they would need to pay their employees more because the affordable housing options are so limited. He asks, “Why would a company locate in New Jersey when the housing costs are so high and their workers are unable to afford decent housing?”

You can read the full article by clicking here. For more information about this recent landmark decision, please click here.

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Workers' Compensation Law & Alcohol

Drinking on the Job: Workers’ Compensation Benefits Eligibility When Alcohol is in Play

By Michael Gorny, Esq.

SINGLE PARENT TRAVELING INTERNATIONALLY THIS SUMMER? READ THIS FIRST

You have planned for months. You and your children are going to take the vacation to end all vacations this summer. Well, the summer is here, but the whimsical dreams about lazing on the beach and hiking through the rain forest may be dashed if you don’t “know before you go.” Indeed, increased concern about international child abductions has lead the Department of Homeland Security and the State Department to institute certain policies and procedures for single parents travelling internationally with a child. Parents should pay mind to these special considerations, particularly with your summer travel plans here at last.

To that end, it is important to remember that more than a mere verbal agreement is required from your child’s other parent prior to travel, both when applying for a passport and at the time of travel. Here is a quick primer of the type of information you may want to know before traveling:

Obtaining a Passport:

Every child requires a passport for international travel, regardless of age.
Both parents must go with their child to apply and sign the DS-11 form in person. This form can be found on the Department of State website. If one parent is unavailable to accompany the child to obtain a passport, the applying parent may bring a notarized Statement of Consent from the other parent, which can also be found at the Department of State website as Form DS-3053.
If the other parent cannot be located, Form DS-3053 allows the applying parent to explain the efforts made to locate the other parent. It also permits the applying parent to provide proof of sole legal custody or proof that the other parent has been deceased, is incompetent or otherwise unavailable as a means to obtain a passport without the consent of the other parent.

Time of Travel:

At the time of travel, it is recommended that the travelling parent travel with the same documentation he or she utilized to obtain the child’s passport, including evidence of parental relationship (birth certificate), photo identification, and evidence of United States citizenship.
It is also essential for the travelling parent to obtain a notarized consent letter from the other parent. The letter should include the dates of departure and arrival, as well as the destination. Increased scrutiny may result if the travelling parent has a different surname than the child with whom he or she is travelling.
Because each destination country may have different requirements for entry or exit with a minor child, the travelling parents should inquire as to any additional documentation that may be required prior to departure.

NOTE TO PRACTITIONERS: Practitioners should take note of particular concerns surrounding parents who may be travelling from abroad to exercise visitation or parenting time with children located in the United States. Of the significance in that regard is the New Jersey case which made national headlines in 2011, Innes v. Marzano-Lesnevich, in which jury found a matrimonial attorney liable for $1.4 million for giving a client her daughter’s passport, with which the attorney’s firm had been entrusted to prevent the girl’s removal from the United States. The state appeals court recently remitted the verdict by $442,000. Due to these and other such concerns, suggesting that a passport of the child and/or the visiting parent be held for safekeeping at a local police department or by a third party neutral may be best practice when concerns with child abduction may exist.

Safe travels!

______________________________________________________

Eliana T. Baer is a contributor to the New Jersey Family Legal Blog and a member of the Family Law Practice Group of Fox Rothschild LLP. Eliana practices in Fox Rothschild’s Princeton, New Jersey office and focuses her state-wide practice on representing clients on issues relating to divorce, equitable distribution, support, custody, adoption, domestic violence, premarital agreements and Appellate Practice. You can reach Eliana at (609) 895-3344, or etbaer@foxrothschild.com.

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Monday, June 29, 2015

Court Ok Suits over denied mortgage modification

Homeowners who had temporary or trial agreements to modify their mortgages under the Federal home affordable modification program also known as HAMP can sue for breach of contract of the modifications denied and they may even have a consumer fraud claim so long as they complied with or met with the terms set forth in the trial.

This is an overwhelming win. Our office has heard many stories from people who sought modifications and enrolled in a trial program but in the end were just throwing good money after bad. It is our opinion that the mortgage companies and financial institutions have engaged in consumer fraud. If you have been cheated out of a mortgage modification after having a trial, where you made all payments properly, please feel free to call us for help.

Contact us today to review your rights with a NJ Foreclosure or NJ Bankruptcy attorney. Call for your free consultation 800-709-1131.

Court OKs Suits Over Denied Mortgage Modifications

Home Owner's Insurance Tips And Information For You

Your contents can be covered under your insurance policy. A good insurance plan will cover items such as expensive electronics, paintings, jewelry and any other valuables. Before you buy an insurance policy, take advantage of these excellent tips.

Renting parties also have a need for their own insurance policy similar to standard home owner's insurance. The house is protected by fire insurance bought by your landlord, but your own belongings are not. You have to buy your own insurance policy to protect your things in case of flood, fire and theft.

An easy way to save on your insurance policy is to pay off your mortgage. Many insurance providers believe that those who actually own their home are more apt to care for it. If you pay off your mortgage debt, then your annual premiums will go down.

Even if renter's insurance isn't mandated where you are living, it is highly recommended. You simply never know what is going to happen. Renter's insurance covers all your valuables in the case of some disaster like a fire or a flood.

After purchasing your homeowner's insurance policy, go around your home and take photographs of your belongings so you have a visual inventory. Store these photos in a fireproof safe or at a relative's house. These photographs will help the insurance company document your claims, and help you get your money faster.

When considering insurance for your home, be sure to have plenty of fire alarms installed. This will not only help with your own safety, but also will qualify you for possible discounts from your insurance provider. Especially in old homes, it is essential to have at least one detector per level. Be sure to be proactive in telling your provider about your smoke alarms.

When considering insurance for your home, take into account the building materials that are in the home you wish to insure as well as any possible additions. Insurance companies will most likely grant greater rates for safer construction materials such as steel and cement as opposed to flammable wood. Be sure to compare rates with multiple companies also.

The best way to lower your insurance payment is to raise your deductible. A high-deductible policy is a bet against the house, so to speak. You're preferring the risk of having to shell out for a high deductable over the fact of having to shell out a higher amount of money every month. So, if you are conservative, this may not be the best fit. But if you're willing to chance having to pay out that high deductible, then this strategy is worth adopting.

Always get the "guaranteed replacement value" stipulation in your policy. This gives you the cost of a full rebuild of your home, regardless of what destroyed it. One of the best benefits of this is that even if inflation occurs in the construction market, the insurance company will be the one to bear the extra costs.

Quality alarm systems will lower your yearly premiums. Insurance companies reward customers who work to protect their valuables. Alerting your insurance company about alarm systems and other safety features you add to your home, can really help to reduce your rates.

To pay lower home insurance premiums, install a home security system. Insurance companies typically give a discount of 5% or more, to homes that have a maintained security system. You may have to pay more for your security system up front, but the purchase will save you money in the long run.

It's obvious that you will pay more if you have more coverage. That said, this article will help you get the most coverage for the lowest price. Simply use this information, and you ought to get yourself some real discounts.

Simon Law Group is a Top New Jersey based law firm, providing a comprehensive range of legal services to businesses and individuals in New Jersey.

Bankruptcy, Criminal Offenses, Family Law, Landlord and Tenant Rights, Wills and Estates and Driving Under Influence (DUI) Defence

Senate Bill Would Create Title of “Acting Justice”

By a 22-16 vote, the Senate passed and sent to the Assembly a bill known as S-2515. An identical bill, A-3269, has been introduced in the Assembly. That legislation would confer the title of “Acting Justice” on any judge of the Appellate Division who is assigned by the Chief Justice to fill a vacancy on […]

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Second Hand Smoke Can Be Considered Workers' Compensation

Exposure to Second Hand Smoke and Workers' Compensation

Sunday, June 28, 2015

Great Tips To Help You In Finding Lawyers

No matter what type of lawyer you are looking for, you can easily find the right one if you have the right information. Finding a good attorney poses a challenge for many people, but this is because they lack the proper knowledge to go about the task. The article below has the information you need.

You have a right to expect clear, consistent communication with your lawyer. He or she should be able to give you a general summery of what you can expect in terms of your case, as well as what potential issues might arise and what could be done to remedy these issues.

Tap into your social circle for lawyer recommendations. Family members, friends and acquaintances can provide valuable information about finding the best lawyer to handle your case. This can be very beneficial and also take the work off of you.

When you are going to a consultation with your lawyer, do not be scared to do your own interview. Ask him or her about their familiarity with the situation you are in, how much success they have, or anything else you feel you should know. If they refuse to answer your questions, they may be trying to hide something, meaning you may want to look elsewhere.

Wait to sign a contract with an attorney until you feel the situation is right. Request an estimate from the attorney so that you know approximately how many hours he or she intends on putting into the case. If the lawyer refuses, move on. A range is acceptable, but it is not fair if you have no idea what you are getting into.

Don't just pick the first lawyer you find on the Internet. It is tempting to think lawyers all do the same thing, but they can vary in quality and expertise. Ask friends if they know a good lawyer and what he represented them for. Be picky when choosing legal help.

Make sure you know how much you are going to spend before you hire a lawyer. Lawyers can be very expensive. Their hourly rates can break your budget before they even begin to help you. Make sure you know the costs upfront and if you cannot afford a particular lawyer, search for one that you can afford.

Your lawyer should not act like you could not understand what he is doing for you. A good lawyer will not only be willing, but will insist that you should know what is going on each step of the way. Lawyers that do not follow this rule are not of a high calliber and should be avoided.

Try to find a lawyer that has a high percentage of cases with the situation that you are dealing with. For example, if you are going to court for tax fraud, you will want someone who specializes in this sector or at least has a lot of experience under his belt. This will help maximize your chance of victory.

Do not underestimate the importance of your lawyer's personality. An aggressive lawyer can be an advantage but an experienced and confident lawyer could help you win your case too. You should meet with different lawyer and find one who has the kind of personality and philosophy you need for your case.

After you ask all the questions you have for a potential attorney, make sure to also give him or her a chance to question you. If the person you are speaking to does not seem that interested in you or your case, that is a huge warning sign. Carefully consider whether or not you want to work with the person.

If you are unsure whether or not your lawyer is doing his/her job well, don't hesitate to ask for a second opinion. It can be pricy to change legal council mid-stream, so make sure you know what you are doing. So a good second opinion is definitely worth the effort.

Prepare a few questions for your first meeting with the lawyers you are considering hiring. Plan on asking questions about their experience and results and ask plenty of questions on what they think about your situation. Do not trust a lawyer who seems overly confident in their ability to win your case before you even give them all the details.

When you just want to litigate base on your own principle without regard to money, you will have a hard time finding a lawyer. Most lawyers will see you as a trouble maker and will assume the outcome will never satisfy you. Sue for money and the principle should be viewed as a bonus.

Some states may allow family members become entitled to compensation if the provider has passed on when working. Worker's compensation isn't just for workers, but their immediate family too. A lawyer can help you with confusion about what you need to do and which forms you must complete.

Just because an attorney's name appears first on a list of search engine results does not mean that he or she is the best person to work with. It is important to do all the necessary research, whether the lawyer is tops at Google or falls toward the bottom of the pack.

Make sure that you know how you can fire your lawyer in the beginning, not when it may be necessary. If you have to fire your lawyer, make sure you understand if they will still have to be paid out of any settlement you may receive. You do not want to pay someone after the fact for not doing any work for you.

Always double-check with the bar association in your state to make sure anyone you are considering hiring is actually licensed. In rare instances, someone may have been disbarred or suspended and is still trying to work. Obviously, getting involved in this type of situation will do nothing for your case, so it is best to avoid problems at any cost.

Now that you've come to the end of this article, you have some solid tips that will help you find a good lawyer. Take what you've just learned to heart, and find the best lawyer that you can. Soon, you will be competently represented in whatever legal challenge you are facing.

Simon Law Group is a Top New Jersey based law firm, providing a comprehensive range of legal services to businesses and individuals in New Jersey.

Bankruptcy, Criminal Offenses, Family Law, Landlord and Tenant Rights, Wills and Estates and Driving Under Influence (DUI) Defence

Saturday, June 27, 2015

Get The Right Home Owner's Insurance Policy For You

The home you purchased was a very large investment. It is best if you're always protecting this investment with a great homeowner's insurance policy. There are many places to find insurance and many types of coverage, so pay attention to these tips so that you can figure out what you need and for what price.

If you need to file a homeowner's insurance claim, you'll need to prove your losses. A good way to document your possessions is to take a video while walking through your house, describing the items. Then upload the video to a safe, non-public place online, so it won't be destroyed if anything happens to your home. Scan receipts for your possessions, too.

You can save thousands of dollars and years of payments by making your mortgage payment on a bi-weekly basis, instead of monthly. Ask your mortgage holder about setting you up on this payment program. Since there are 52 weeks in a year, you will end up making an additional couple of payments without breaking the bank or your budget.

An alarm system can help lower your premium. Your insurance company wants to make sure their investment is secure. Inform your company when these safety features are installed since they can lower your premiums right away.

Check with local agencies for renter's coverage. Online and out of state companies generally have a one size fits all type policy structure. A local agent will be more familiar with the risks in your area and will be available to send someone out quickly to start working on your claim after a disaster.

Remember safety when you rent, to keep costs down on insurance. You can receive significant premium discounts by installing fire detectors, fire extinguishers and/or burglar alarms. In addition, these safety items can save your life; therefore, you should purchase them and learn the proper ways of using them and keeping them up to speed.

To ensure the protection of major home improvement projects always report them to your homeowner's insurance company once they are completed. While this may result in a small premium increase, it is the only way to make sure that the added value of your home is covered in case of damage.

Prior to shopping for homeowner's policies, consider paying your mortgage in full. You can realize tremendous savings in this way. This is because insurance companies assume that if the home is paid for you will care for your home; thus, reducing claims.

The internet becomes a valuable tool when shopping for the best home insurance policy at the best possible rate. You will be able to compare different coverage with different companies to find the one that will fit your needs the best. Be sure to check out the company before signing on with them though. The best rate does not always mean the best policy.

Find the ratings for the insurance company that you are considering opening a home insurance policy with. You will be able to learn about the billing, claims, customer service and overall satisfaction ratings. Be sure that the ratings that you are getting are coming from independent customer satisfaction surveys.

Crunch your budget and try to pay off your home mortgage as early as possible, in order to enjoy lower insurance premiums. When you own your home outright, insurance companies take the perspective that you will take better care of it now that you don't owe on it. As a result, you can expect to see your premiums decrease.

Do not be confused with the various types of coverage out there. Just remember that you need solid protection for your home and what's inside of it. If you follow the tips in the article above, you will be able to find a solid policy that provides ample coverage for your home without breaking the bank.

Simon Law Group is a Top New Jersey based law firm, providing a comprehensive range of legal services to businesses and individuals in New Jersey.