Abuse comes in many different forms and can happen to absolutely anyone, regardless of gender, age, size or anything else. Both physical and psychological abuse happen to many people all over the world and are both difficult to deal with and damaging. If the abuse is between a married couple or a couple in a relationship, it is referred to as domestic abuse. If the domestic abuse is physical, it is known as domestic violence.

Silent abuse

When one spouse tries to dominate the other using physical violence, this abuse is often covered up by both the abuser and the abused spouse. Often, the abused party will make excuses for their spouse because there is probably still a semblance of love between them.

Alternatively the abused spouse might fear their abuser or they might have a low self-esteem and sense of self-worth due to their abuse. The abused spouse might attempt to cover up their abuse and might become defensive and angry if someone suspects their abuse and tries to help them. Whatever the reason, there is often an element of secrecy and silence in a relationship where there is abuse.

Denial of abuse

The reason many abused spouses keep their abuse a secret or make excuses to cover up the violence of their abusers is because they are often in denial. It is hard to come to terms with the fact that someone you love (or think you love) could be hurting you. Because abuse often leads to a low self-esteem and sense of self-worth in the abused individual, they could begin to believe that they are somehow responsible for their abuser’s anger and that they might deserve it. This is why many people who have been abused will deny the abuse that is going on in their relationship.

The abuser

Even if the abuser does not injure their partner seriously, and only hurts them occasionally or very slightly, it is still not acceptable. It is possible that the abuser could lose control and very seriously damage their partner without meaning to. Even if the abuser only means to frighten their partner, or hit them just once, they could lose their temper and go too far.

There are instances of abuse where an abuser has shoved or pushed their partner too hard without meaning to, and ended up killing them or seriously damaging them. Often an abuser will feel a huge amount of guilt and remorse immediately after physically abusing their partner and this will cause the partner to believe that they it will not happen again.

Getting help

While it may be difficult to reach out and admit that you are suffering at the hands of an abusive person when you love the person who is hurting you, but it is the only way to handle things. Someone who uses physical violence to deal with their own issues or anger and who cannot control their temper should not be tolerated or forgiven.

The first step should be to remove yourself from the situation, get away from your abuser and go somewhere safe. The very next step is to find help for yourself by getting counselling and perhaps even contacting the police if you believe your abuser might still be a danger to you. If your partner has decided that he or she wants to change and perhaps wants to stay with you, they should receive counselling to get their anger under control.

There are many organisations that can help you including the following:

• Stop Women Abuse Helpline
• FAMSA (Families South Africa)
• Help Guide
• Youth Village
• Strong Foundations

Physical Abuse in Relationships is an original post from: Lawyer South Africa

You may also be interested in:

1. Warning Signs of Verbal Abuse at Work
2. Verbal Abuse at Work

According to the Marriage Act of 1961, there are three different types of legal marriage.

1. In Community of Property

This form of marriage means that all assets owned by the couple form a join estate and both parties are liable for any debt incurred by either party during the marriage. Sometimes it is possible to exclude certain assets from the joint estate, but this is very limited.

1. Out of Community of Property

In this form of marriage, parties sign an ante-nuptial agreement which means that each party retains sole ownership of his or her own assets, and sole responsibility for his or her own debts.

1. Out of Community of Property with Accural

In this type of marriage, the parties also sign an ante-nuptial contract to protect any assets they own before the marriage. However, any assets and profits generated during the marriage are shared by the couple.

A shift in the meaning of marriage

A monogamous, heterosexual marriage with a male breadwinner, a female home maker, based on a religious premise and that aims to bring children into the world was once thought of as the traditional, ‘normative’ marital union.

However, over the years there have been many challenges to this idea. Homosexual marriage, free love in the 60s, divorce and other occurrences have brought about a new way of living and a new, varied look at marriage. According to a 2006 Census Bureau report, the majority of marriages in the western world are no longer based on the traditional idea of what marriage is.

According to popular blog “A Libertine’s Thoughts”, marriage can be categorised into twenty different groups, some of which can overlap. Some of these are illegal in several countries.

1. Monogamy

This is the most common of this list of marriage. Monogamy is where two people marry each other and cannot marry anyone else while they are still married.

1. Polygyny

The practice of polygyny is the most common type of polygamy and is where one man takes several wives at the same time.

1. Polyandry

Polyandry is where one woman takes several different husbands at once.

1. Polyamory

This practice is where both partners in the relationship have more than one sexual or relational partner. Polyamory focuses on loving and committing to more than one person at the same time rather than just sexual relationships with more than one person.

1. Polyfidelity

Polyfidelity is a form of polyamory that is limited to a certain group of people.

1. Same sex marriage

This is monogamous marriage between two people of the same sex. Unfortunately it is illegal in many countries throughout the world.

1. Open marriage

An open marriage is one where both partners agree that they may have outside sexual partners.

1. Common law marriage

This is also known as ‘cohabitation’ and is recognised in many places in the world.

1. Group marriage

This is a form of polyamory where each member is equally married to all the other members.

1. Boston marriage

This is an archaic term referring to two women who are presumed to be in a lesbian relationship and who live together and interact in public as a couple.

1. Levirate marriage

Levirate marriage is where a woman marries one of her husband’s brothers once her husband has died.

1. Sororate marriage

This is where a man remarries his wife’s sister after she has died or has been proved infertile.

1. Endogamy

This practice limits marriages to certain race or class groups.

1. Exogamy

This is the opposite of the above.

1. Mixed marriage

This is a marriage between people from different religions, races etc.

1. Arranged marriage

This is a marriage that is arranged for someone by their parents or other parties.

1. Egalitarian marriage

This is a monogamous, mixed sex marriage between two people who consider themselves equals and do not pander to traditional gender roles.

1. Complementarian marriage

This is a marriage where the man and women take on traditional gender roles.

1. Covenant marriage

The only grounds for divorce in this sort of marriage are abuse, adultery and one of the spouses being convicted of a felony.

1. After death marriage

In France, a living person may marry a dead person of the opposite sex once that person has passed away.

Different Types of Marriage is an original post from: Lawyer South Africa

You may also be interested in:

1. Common Law Marriage
2. What is Common Law Marriage?
3. Marriage Counselling in Johannesburg

Most people, at some point in their lives, own several assets (like houses, cars and other goods) that are worth a lot of money. They will usually have had to take out loans to pay for their property and other items, and these loans will take some time to pay off. Unfortunately, it is impossible to predict your financial future. Your financial situation might be fine right now, but you cannot know for sure that you will be always be able to make your payments.

What could go wrong?

In today’s unpredictable business and economic world, people find themselves retrenched and without work all the time. Business owners find their businesses unsuccessful and workers find themselves un-hireable every day. If you or your partner had to suddenly lose or experience a significant drop in your income, would you be able to make your monthly loan payments as well as all your living expenses? Understanding the sequestration process in South Africa could save you from the very serious consequences of insolvency and debt.

What are your options?

There are several routes you could take if you find yourself in over your head with debt. The most important thing to remember is to always act immediately and try to resolve the situation rather than letting it build up and destroy you financially. Two options for dealing with out of control debt are debt review and sequestration.

What is debt review?

If you apply for the debt review process, a debt counsellor will assess your situation and negotiate with your creditors on your behalf. This will ensure that you will still have enough of your income to pay your essential living expenses while paying off your debt in manageable chunks.

What is sequestration?

If you are in over your head with debt, you can apply to have yourself declared insolvent by the High Court of South Africa. Your assets will then be surrendered, sold and distributed to your creditors in order to declare your debts written off. This will all be done in terms of the Insolvency Act.

How does it work?

Once you have applied for the sequestration process, your creditors will be informed of the application via letters and a notice in the Government Gazette. This will ensure that they cannot take any further legal action against you. Once you have signed the relevant documents in front of a Commissioner of Oaths, SARS and all your creditors will be given notice that your estate has been surrendered. You will have an advocate to represent you at your court hearing and if your case has been approved, a curator will handle all the financial matters for you.

Advantages of surrendering your estate

There are many advantages to applying for the sequestration process including but not limited to the following:

• Your income will still be yours to control.
• Only your creditors will be told about the sequestration application, so you can keep the matter private.
• Because an attorney and curator will handle the process on your behalf, you do not have to attend any court hearings.
• You will have peace of mind that your creditors will have to leave you alone in the future.

Having legal action taken against you for non-payment on your debts can be a frightening experience. You could have everything you own taken from you, you could lose your job in the process, you could have penalties put against you and you could be blacklisted. It is therefore essential to always try to keep control of what you owe, to never get in over your head with debt, to always choose financial service providers that are reputable, to never live beyond your means and to understand the options available to you if you are in financial trouble. Understanding the sequestration process in South Africa is essential for financial peace of mind.

Sequestration Process in SA is an original post from: Lawyer South Africa

You may also be interested in:

1. Bankruptcy Lawyers

South Africa is a developing nation with much growth still to do. There is massive unemployment and poverty and our informal settlements are teeming with poor, uneducated and ill people who cannot afford to feed themselves, let alone any children that should come along. Because of the high level of HIV/AIDs in the country, thousands of children are orphaned when their parents die from AIDs related diseases like Tuberculosis.

According to social development minister Zola Skweyiya, there are approximately one and a half million orphaned children in South Africa. This number increases every day as children are abandoned, given up or left behind when their parents die. With overcrowding at orphanages and the social development budget stretched widely to accommodate all those in need, there is a desperate call for families who can provide homes for South Africa’s children to come forward.

The Process to Adopting Children

The adoption process is a long one, and with good reason. Prospective parents are carefully screened in order to ensure that they will provide a safe and adequate home for the child.

• The interview

The first step involves meeting with an adoption agency and talking about what you are looking for. This is where you will receive all the information and details about what is involved and you should take time after the interview to decide if you want to go ahead with adoption.

• The psychological and social assessment

If you have decided to go ahead with the adoption process, you and your partner if there are two of you, will have to undergo and assessment of your character, your life, your family, your social situation and more. This will be where the assessor will decide whether you are capable of caring for a child.

• Finances

Your financial situation and history, as well as how you have planned for the future will also be taken into the account as the assessor will want to know that you can afford to look after all of a child’s needs, including education.

• Family

Whether you are single or in a relationship and what the nature of that relationship is will also come into play in the assessment. Your relationship with the rest of your family and friends is another factor that the assessor will investigate.

• Documents

You will have to provide the agency with several official documents as proof of your financial, social and psychological situation. Your agency will let you know which documents to bring.

• Your home

Your home will also be privy to assessment and assessors will check that it is suitable and safe to raise a child in it.

Once you have been accepted as potential parents, you will be put on a waiting list until a child that meets your requirements comes along.

Which child?

There are many different factors to consider when you give your requirements to the adoption agency.

1. Age

Would you want a new born or would you open your home and heart to an older child? There are thousands of children in every age group looking for homes but most families prefer receiving the child when he or she is as young as possible.

1. Race

The majority of orphans in South Africa are black but there are a few of other races. If you would like a white or indian child you will probably have to wait longer for the right child to be available.

1. Gender

Most orphanages will not consider your preference on gender.

However long the wait and however difficult, receiving your child and giving him or her a better life is the most beautiful gift you can give. Your family will be fulfilled and you won’t be sorry that you looked into adoption in South Africa.

Child Adoption in SA is an original post from: Lawyer South Africa

No related posts.

You are paying for the services of the attorney, so don’t feel shy to ask about anything you feel unsure of or would like to know about the case. If you don’t ask the questions that pop into your head, you can leave the interview without knowing that the lawyer is a good divorce attorney and can help you with your case. If you are comparing divorce lawyers, ask each the same questions so that you can compare their answers and decide which is the best for your needs and your budget. Remember that you can’t always rely on your memory (especially during stressful times such as divorce) so it is best to record or write the lawyer’s answers down.

Here is a list of a possible 10 questions to ask your divorce attorney:

• What are the steps involved in process of divorce?

The lawyer should explain the process of divorce clearly to you. Ask them to talk you through filing a divorce petition, the negotiation of the temporary orders and the actual trial process.

• What is your experience in family law?

The attorney you consult will have a law degree, but may not only practice family law. It is better to hire a lawyer who specializes in family law. Feel free to ask about cases similar to yours so that you can have an idea of what kind of outcome you can expect.

• Do you have experience in court?

Don’t feel shy to ask about the lawyer’s experience in a court of law. You can ask about the outcome of cases similar to your own.

• How do you think a judge would rule on my case?

A lawyer cannot guarantee the outcome and specific results of a case, but they can make predictions based on previous cases they have worked on. If the lawyer understands the facts that will make the ruling more favorable they will be able to strategize the case in such a way.

• What are your fees?

Ask your lawyer about the hourly rate and how often you would be expected to pay bills. Also ask what will be charged for any time you spend with other staff in the office and paralegals, as well as enquire about payment plans.

• How will we keep in touch?

Ask your attorney how they prefer to communicate; whether by phone or email, and how tech savvy they are when it comes to scanning and sending documents via PDF. You are also entitled to ask how long you can expect to wait for the lawyer to return your calls.

• How much will the divorce cost?

Although it may be difficult for the lawyer to estimate this on the first meeting, but you can ask them to give you an outline of what other cost factors you may incur along the process.

• How long will it take for the divorce to finalise?

This depends on whether you have a trial, settle quickly, or settle after negotiations. Ask for an outline of how long each could take.

• What other resources are available to clients?

Other than their immediate attorney services, good lawyers should also provide resources that can make the divorce process easier and less painful. Some attorneys offer referrals to other professional services, reading materials and recommended therapists or counselors. The character of your lawyer should also be patient and understanding.

• Would you recommend mediation?

The lawyer should know whether or not mediation would be appropriate for the case. A good lawyer often uses private mediation or other tools for dispute resolution.

10 Questions to ask your Divorce Attorney is an original post from: Lawyer South Africa

You may also be interested in:

1. Legal Questions and Advice on South African Law

Anyone South African can apply to have their name changed at the Department of Home Affairs. The Identification Act, 1997 (Act No. 68 of 1997) along with the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992) allow for the amendment or rectification of personal information.

This means that legal name changes can be made by individuals listed in the National Population Register of South Africa (NPR). The NPR holds the personal information of South African permanent residence holders and South African citizens, such as information regarding marriages, births, and deaths.

There are a number of amendments provided for by the Birth and Death Registration Act allowing for legal name changes:

• The re- registration of a child born out of wedlock

If a child is born out of wedlock and given the surname of one parent, the child may change his or her surname to the relevant surname if the parents marry after the registration of the birth. The child can be re-registered as a child born within wedlock when the parents marry if both parents sign a   BI-59 application form and provide proof of the marriage.  This service is provided free of charge.

If a child is born out of wedlock, a biological father may wish to insert his particulars in the birth registration of his child. This requires the completion of a BI-1682 application form sworn to by both the father and the mother. This application costs R48.00.

• Insertion of a surname or forename in a birth registration

If a person is registered without a surname or forename, a name can be inserted free of charge upon completion of a BI-795 form.

• Change of forename(s)

To change a forename, a BI-85 application form must be submitted by an applicant. For a major, this will cost R80.00; and for a person who is not declared a major (in terms of the Age of Majority Act) or a person who has not entered into a legal marriage the cost is R50.00.

• Change of a minor’s surname

The surname of a minor can be changed in a number of different scenarios:

• If the child is born out of wedlock and the mother marries a person (not the child’s natural father) and wished to change her child’s surname to that of her husband.
• If after divorce from or death of her husband (the father of the child) the mother wishes to change the child’s surname to her maiden surname or the surname of her new husband.
• If the child was born out of wedlock and was registered under the father’s name, the mother may change to child’s surname to her won surname.
• The guardian of a minor may wish to change to child’s surname to his or her surname.
• The law also states that other instances may allow for the surname change of a child if sufficient reason exists.

Application cost R50.00 and will be considered upon completion of a BI-193 application form.

• Change of surname of majors

No application is necessary for a woman to assume her husband’s name; join her surname to a double barrel surname, or revert to her maiden surname but the Department of Home Affairs should be informed of the change.

No major may assume a new surname unless the change is approved by the Home Affairs Director-General. Applications must be made to Home Affairs with a completed BI-196 form with sufficient reason in writing. This costs R260.00.

• Change of gender

A person who has undergone gender reassignment may apply for a change in gender description on a birth register. Applications cost R48.00 and must be accompanied by a completed BI-526 application form with prescribed reports and must be lodged at a Home Affairs office.

Legal Name Changes is an original post from: Lawyer South Africa

No related posts.

The act of surrogacy dated back to the days of the Bible, where women agreed to conceive a baby for an unfertile woman. The child would then be handed over from the surrogate mother to the adoptive mother once it was born. Today, there are official and formal processes safeguarding both surrogate mothers and commissioning parents in South Africa.

South Africa has strict laws regarding surrogacy, ensuring that the process of surrogacy is regulated and monitored. The Children’s Act 38 of 2005 came into effect on 1 April 2010, outlining new laws (the first!) regarding surrogate mothers and protecting the rights of the unborn child. The legislation lays out the responsibilities and requirements on both the surrogate mother and the intended parents.

The costs of surrogacy include legalities, fertility treatment clinic costs, court order preparation, as well as the costs of reimbursing the surrogate mother.

A summary of surrogacy legislation

Laws pertaining to the surrogate mother:

• The surrogate mother must reside in South Africa
• The surrogate mother must undergo both a psychological and medical assessment to see if she is a suitable candidate.
• The surrogate mother must have had at least one pregnancy that was successful and must have one child of her own.
• Commercial surrogacy is not permitted so the surrogate mother must be prepared to be a surrogate mother for altruistic reasons.

Laws pertaining to the intended parents

• Both intended parents must be South African residents.
• The intended parents will need to provide medical proof that they need the services of a surrogate mother.
• Both intended parents must undergo psychological assessments to check their emotional attitudes towards the surrogacy program.
• Either one or both of the intended parents must supply either eggs or sperm for conception.
• If both of the intended parents are to be male, they must show that there will be some kind of female influence on the child’s life.
• The intended parents cannot be discriminated against based on relationship status, race, or sexual preference.
• The intended parents are not permitted to advertise for the services of a surrogate mother.

Laws pertaining to the surrogacy agreement

• Some kind of surrogacy agreement must be drawn up.
• The agreement must be signed by the surrogate mother and her partner or husband as well as both intended parents.
• The surrogacy agreement must be presented to the High Court (with relevant supporting documentation) by a specially commissioned surrogacy attorney. The High Court may then grant permission for the surrogacy to proceed.
• The granting of the court order does not necessarily mean that the child must be adopted.
• Any agency dealing with matching intended parents and surrogate mothers may not accept payment for these services.

For more information about surrogacy in South Africa, visit the Surrogacy Advisory Group‘s website. The Surrogacy Advisory Group is the first surrogacy support programme in South Africa, operating form a non-profit basis. The group aims to give advice and support to both intended parents and surrogate mothers.

Another non-profit organization offering similar support is Gift Ov Life. This website outlines to surrogacy options for people intending to use a surrogate mother and allows potential surrogate mothers to contact the organization to offer their services to commissioning parents. The agency will also help to refer people to the relevant specialists that carry out the psychological, legal and medical requirements outlines in South Africa legislation.

Surrogate Mothers around South Africa is an original post from: Lawyer South Africa

You may also be interested in:

1. Joint Custody in South Africa
2. Legal Child Maintenance Act of South Africa
3. South African Child Custody Laws

What is legal aid?

Legal aid is when people who cannot afford legal representation are provided with free legal assistance. Legal aid is an important way for a country to ensure equality before the law, the right to a fair trial, and the right to counsel. In South Africa, legal aid was established by the Legal Aid Acts (Act 20 and Act 22 of 1969). The Constitutions states that every citizen should have access to justice, so legal aid acts as a means by which indigent individuals can be represented at the expense of the State.

What issues can legal aid be applied to?

• You can get advice on any service at the following courts:
• Maintenance
• Family
• Divorce
• Children and child justice
• Domestic
• Sexual offences
• Community
• Equality

The good

• Legal aid is a way of protecting the rights enshrined in the constitution, giving the poor professional legal services at no cost.
• Because legal aid is free, it is accessible to those who would otherwise not be able to afford legal representation.
• Legal Aid South Africa aims to instil empowerment, accountability and strived to embody a caring passion for justice and integrity.
• Legal aid provides for the rights of children.
• Legal aid can be applied to a number of legal advice issues and can assist with the proceedings in most courts.
• If you do not qualify for legal aid, the association will be able to assist you in finding a relevant course of action.
• Legal aid is free.

The bad

• To qualify for legal aid you need to earn less than R5000 per month. This means that people who are still within a lower income bracket (but earn more than R5000) may battle to afford legal representation.
• Due to high volumes of work, legal aid clinics may take longer to process representation needs.
• The staff at legal aid clinics may not have the same expertise or experience as paid lawyers and attorney. Often, legal aid clinic staff is made up of university students who are studying for their law degrees. This also means that the time they have available is limited as they also need to dedicate themselves to their studies.

So, SA Legal Aid – good or bad idea? Essentially, legal aid appears to be a good idea, helping those who are unable to afford private legal representation. However, legal aid does have its limitations and may not always be as good in practice as it looks on paper. The staff may be inexperienced or the aid applications may take some time to process.

For many people in South Africa, the Legal Aid Board and legal aid clinics are their only port of call when it comes to legal matters, so despite any limitations, the existence of this kind of public facility is ultimately a good idea, helping the constitution to be realised and adhered to.

If an attorney is out of your reach and you need advice in family, criminal or civil legal matters, you can contact the Legal Aid Board. To contact Legal Aid South Africa, the organisation can be reached toll free on 0800 110 110, or you can email communications2@legal-aid.co.za.

You can also visit the Justice Centre nearest to you, a community legal aid clinic, or a legal aid clinic at a university close to you for help with legal matters.

SA Legal Aid – Good or Bad Idea? is an original post from: Lawyer South Africa

No related posts.

What is an uncontested divorce?

Basically, it is a divorce that is settled before you even step foot in the courtroom. All the matters (such as division of property, child custody, and division of assets) are agreed on before any court proceedings can take place. A contested divorce, on the other hand, is when one or both of the parties disagree over the assets or over child custody.

This can actually reduce the amount of assets there are to divide, as the parities will have to cough up cash for lawyer fees; the longer the negotiations go on for, the more expensive the proceedings become. This means that it is far more favourable to sort out divorce issues before they go to trial in an uncontested divorce.

What matters need to be considered in an uncontested divorce?

To avoid the hassle and heartache (not to mention expense) of a contested divorce, there are a number of issues that need settling as part of the divorce procedure. Each couple has a unique situation with different assets to consider, but some of the most important considerations include:

• Child custody: Who will be the main guardian of the child or children, and how will you designate where and how the children will spend their time and other visitation rights issues? Additionally, who will be paying child support and maintenance and how much will these payments be? You may want to include a visitation schedule to finalise the visitation terms.

• Spousal support: Will one of the spouses be entitled to some kind of maintenance pay? If so, how much and how often?

• Debt payments: This is one of the most important issues to agree upon, as you must decide which spouse will be responsible for paying for which debts. If these debts can’t be paid off immediately, it is best that they are transferred to the name of the relevant spouse. If your name is still on account, it means that the creditor can still hold you responsible for the debt.

• Property and asset division: How will you share expensive items such as your home, cars, furniture, and any other assets you have accumulated?

• Retirement accounts: pensions, social security payments and retirement accounts may be of significant value and depending on how long you were married, you may be entitled to a portion of your spouse’s pension and similar benefits.

• Medical Aid: If your medical aid or health insurance is in your spouse’s name you will need to find out from the company what will happen when you get divorced. You should also enquire about whether the cover of your dependants will be affected in any way. If you are under your spouse’s medical aid scheme, you will usually be forced to get another insurance plan for yourself.

Once you have agreed on a divorce settlement, you can approach the court with this arrangement already in place. Because the judge does not need to litigate the issues, a significant amount of time and money is saved on the divorce proceedings. The agreement needs to be written into a contract that contains all the divorce terms, known as a marital settlement agreement.

This document in incorporated into the final decree of divorce and become obligations that can be legally enforced. The court will review the marriage settlement agreement and confirm with both parties that they understand all its contents. They may ask a few questions before being satisfied the agreement is both voluntary and fair.

What documents will I need to provide in court?

Although each court may have different policies depending on location, items you will usually have to bring with you are:

• The marital settlement agreement (bring several copies).
• A copy of your child support order and a copy of your spousal support order if you have one.
• Photo identification of both parties.
• A copy of other relevant document, such as quit-claim deed to property.

Help with Settling an Uncontested Divorce is an original post from: Lawyer South Africa

No related posts.

Many people do not fight for their homes, even if they have paid off more than half of their home loan, however there are those who are willing to fight for their homes and therefore they require a good defence attorney to help them through the ordeal. There are however numerous important things that you will need to be conscious of. Firstly, ensure that they lawyer that you hire has a good reputation. It has been found that a number of attorneys have been committing fraud by means of “double dipping”. This means that they are actually employed by the banks that want to foreclose your home and therefore there is a serious conflict of interest.

If you are in the unfortunate situation and you find yourself asking “when do you need a foreclosure attorney?” you need to understand that foreclosure defence is not a situation that must be taken lightly. The difference between getting a good lawyer and a bad one can mean the difference between keeping and losing your home. It is therefore imperative that you put in some hard work yourself in not only finding a good lawyer, but understanding the laws and making yourself as knowledgeable about the entire process.

This will also help you with your screening of lawyers as you will hopefully be able to suss out the fraudsters and the ill informed ones. It is also a good idea when looking for a lawyer to request past instances and previous client references before you decide on one. You can also do a private background check on the lawyer to make sure that they do not actually work for the banks.

There are also a number of other scams that some foreclosure attorneys have become involved in. There have been a number of cases where fraudsters offer to help you and then ask for a large fee upfront. Once they have your money they become untraceable and this will leave you in a worse off situation than you were previously. One way to ensure that you are dealing with a legitimate organisation is to see if they are government affiliated or not. If they are not affiliated to the government then it is essential that you check out their credentials and ensure that you are protecting yourself against scams.

You have worked really hard to get your house and make it a home for you and it is essential that you do not give it up without a fight. Another scam that has made the news recently is that people are losing their homes to people who actually have no claim to the loan that you have. What they do is that they claim to own your loan and as a result they claim the right to take back your property. This is why it is essential that you have an attorney that not only knows the laws and is competent, but keeps your best interests at heart. With more and more evidence surfacing of lenders not actually possessing the proper documentation to foreclose your home, it has been essential that you have an attorney that will be able to spot the real documentation from the fake. Do not give up your home without a fight, especially if you do not think that everything that you are hearing is correct.

When do you need a Foreclosure Defence Attorney? is an original post from: Lawyer South Africa

No related posts.