LEGAL INFO

A. REAL ESTATE:

WHAT ARE MY OPTIONS WHEN I CAN'T PAY MY MORTGAGE?

     When you are getting behind in your payments on a mortgage the first thing that you want to do is contact your mortgage service provider and tell them that you are having financial difficulties and why. They may refer you to the lenders loss mitigation department who will then try to work with you in a variety of ways. For example, if you lost your job but are expecting to get a new job in a few months, they may allow you to skip a few payments and then start paying again but this sometimes entails you making up for the back payments when you re-start your payments whether in a lump sum or increased monthly payment. A lot depends on the cause of the non-payment and what potential monies you will have in the future to pay off the mortgage debt. Some work outs entail monies due being paid out at the end of the loan extending the term of the loan but keeping the payments the same or lower so that you can afford to stay in your home. The work out process is often time consuming and can take months. Hopefully that will change. Unfortunately the bank's attorneys file foreclosure and continue with their foreclosure action until a deal is actually worked out with you and the bank.

     Here is a nutshell of the options that a borrower has until the Right of Redemption period (up to auction) ends:

  1. pay arrears, become current on the loan
  2. negotiate loss mitigation with lender (deed in lieu, forbearance, loan modification)
  3. sell property, negotiate a short sale
  4. refinance with another lender, reverse mortgage (elderly homeowners)
  5. file for Chapter 7 or 13 bankruptcy

B. COMPUTER LAW:

ADVICE FOR SMALL BUSINESS OWNERS WHEN CONSIDERING A WEBSITE
Getting to a website - with a web designer

A. BEFORE YOU CONTACT THE WEB DESIGNER DO THE FOLLOWING:
  1. TRADENAME: Check www.USPTO.gov - for trade name availability and LOGOs - if still available - you should trademark your name and your logo
  2. DOMAIN NAME: Check domain name availability - www.networksolutions.com OR www.digitalspace.net. Make sure that you register for the domain name and not your designer - so that you own it. This could be done prior to contacting a web designer.
  3. PREPARATION before meeting web designer: sketch out what ideas you have and make a list of goals so that the designer can better work for you - have key words (metatags) that you want used in your website to help identify it. The more specific you are the better (saves time and money). Have other websites that you would like to be linked considered.
B. WHEN ENTERING INTO A CONTRACT WITH A WEB DESIGNER

   Contract considerations:
  1. DATES: Make sure that there is a start and completion date.
  2. PRICE: Agree on a specific price with your web designer - a fixed amount (price can be based on number of pages in a website)- and only give 1/3 up front, 1/3 when the design is complete and 1/3 when it is up and running for a week with no problems - if possible.
  3. OWNERSHIP: Make sure the contract says that you own the work product and graphics of your website and have your designer state that there is no intellectual property infringement in regards to the graphics of your website and that the designer agrees not to duplicate your web design or key elements elsewhere. You should also have contract provisions that address confidentiality and non-competition by the web designer. All materials given to the designer should be returned at a time certain.
  4. HOST: Discuss with your designer who would be the best host for your website - make sure the host is known for little down time - consider the capacity that your website will need to operate and the hosting cost. Make sure that you register with the hosting company and that the contract is in your name not your web designers
  5. MAINTENANCE: Try to get free maintenance for 90 days and a reasonable contract thereafter - get all information you need to enter your site and make changes yourself
  6. Warranty, non-compete

For further information: write Victoria Brown at vb@brownllc.com and put Kiss FM on the subject line.