Law Offices Of Alg And Associates – Loan Modification

The Law Offices of ALG and Associates – Loan Modification

How Do I Choose the Right Law Firm for a Loan Modification?

The Law Offices of ALG and Associates is a Professional Law Firm – legal experts in Real Estate Law, offering Legal Representation of Non-Advanced Fee Loan Modifications, Commercial Workouts, Litigation, Short Sales, Bankruptcy, and Debt Settlement.

Many property owners realize they are in an unsustainable financial position and need a loan modification on their primary residence, second home or income property’s mortgage to retain ownership of the property. Many have heard the horror story of paying thousands of dollars to a “loan modification company” before any work has started and have never heard from the company again. So, how do property owners choose the right firm to represent you?

Questions to Ask

First, is the firm legitimate? A law firm that specializes in Real Estate Law is your best option. Are they in good standing with the state bar? Do they have any complaints or disciplinary actions against them? If there was a complaint, how was it resolved?

Does the law firm comply with all state and federal laws pertaining to loan modifications? Your first clue will be how the firm collects monies for its services. If they ask for any monies before some of the work has been completed, it is unlawful.

Second, can the firm provide strong experience and examples of successful cases they have completed? How many cases have they completed? How long have they been in business?

Third, does the firm have the resources to complete the job in a timely manner? Loan Modification cases typically take about 3 to 6 months to reach a settlement and require significant back and forth between the bank and the law firm. Do they have the critical mass of staffing to be able handle the case volume, negotiation and customer service requirements? Typically each case requires negotiators, processors, underwriters and case managers, in addition to the Attorney, to successfully achieve a modification for the property owner.

Fourth, does the firm set appropriate expectations? This depends ultimately on what is success for the property owner. There are many factors in what makes a case successful to a client and a reputable firm will set appropriate expectation on what can be reasonably achieved in a loan modification case rather than tell you what you want to hear to get your business. Whenever possible, it is recommended that the property owner meet with the prospective firm in person prior to retaining them.

Often, property owners will request a money-back guarantee for a successful modification. If the firm the property owner is considering offers a money-back guarantee, this should be a major cause for concern. The firm will act as the property owner’s representative or agent in a negotiation with the lender. The lender itself or a third party, called the investor, may own the mortgage. The party that owns the mortgage will makes the final decision on what new mortgage terms they will accept, if 
anything. It is impossible to guarantee exactly what the mortgage owner will do. For a firm to represent to a property owner otherwise should be a cause of great concern to the property owner.

Elements to Negotiate

The usual parameters of a case are stopping a foreclosure sale on a property, negotiating missed payments, accrued interest, property taxes and late fees, transitioning the loan from an adjustable rate mortgage to a fixed rate mortgage, moving from an interest only payment to an amortized payment, reducing the interest rate, change the term of the mortgage, including property taxes and insurance escrows in the monthly payment instead of being paid separately by the property owner, settling second mortgages for less than owed, and reduction of the principal balance owed.

As one can see, there are several factors to negotiate with the bank and without appropriate leverage of full legal representation, a Forensic Audit, a possible law suit and years of expertise, lenders aren’t generally motivated to consider your case.

The banks and mortgage servicers work with hundreds of thousands of people at a time and handle every request in an heartless, robotic fashion to attempt to support the masses, not applying individual attention, creativity, or compassion into each borrower’s situation. So, working with the banks directly rarely works in the homeowner’s favor. We have clients who have attempted to work with their lenders for over a year with zero results before they retained the Law Offices of ALG and Associates.

Each lender has very specific guidelines they need to see in order to approve the loan modification. Unfortunately, most property owners do not have access to this information independently, and blindly submit and application, hoping for an approval. In essence, they are asking the lender to do them a favor. The financial information a property owners provides and how it is presented is vital to achieving an approval or denial with the lender and, through years of accumulated experience, the Law Offices of ALG and Associates knows exactly what each lender needs to see before we submit, which helps us achieve optimal results.

With proper research a property owner can find the a firm that is legitimate, complies with appropriate laws, can documents their experience, has the resources needed and sets appropriate expectations with the client. The Law Offices of ALG and Associates realize a Loan Modification is very important matter and the property owner definitely wants to treat it with urgency. We strongly encourage that property owner’s do thorough research and make sure the firm they choose is the right firm for them.

Finding The Right Dwi Lawyer To Suit Your Needs

If you’ve lately made the mistake of committing a DWI (Driving While Intoxicated), you may feel a certain amount of worry regarding your circumstances. Fortunately for you, there are a few ways to get back on your feet after an instance of such magnitude and one of the best ways is to retain a seasoned DWI attorney who is knowledgeable about the relevant legal guidelines. There may be many choices out there for attorneys who focus on DWI cases in your area, so it’s imperative for you to do a certain amount of research on the lawyers you’ll be choosing among. Here are a couple tips that you may find beneficial to your search.

First, ask among any relatives and buddies who have had experiences with any DWI legal professionals that you may consider working with. Those in your life that you can trust the most will likely give you advice that will have your best interests in mind. As you’re talking with them, write down the names of the attorneys they mention to you, and once you’ve created a list, you can research each of those lawyers separately. This is a good way to start out, because otherwise you’ll be searching blindly at the beginning. Getting information straight from trusted individuals will give you information you know you can rely on.

To do the research on each attorney at law that’s been recommended to you, the web is a great resource. Online, you can typically find web sites for each DWI lawyer you may consider working with, and looking at the most basic factors will instantly allow you to narrow down the options. Look at the various factors pertaining to the legal representative where experience, education and current case load will be listed where you can determine if they are good at what they offer.

Researching a bit more indepth can accomplish many things, including who would be right for the case you have been accused of and whether or not it is likely they can get you out of it altogether, would be perfect. The best way to do this is to simply call each legal professional that you’re considering going with to go over your case with them. Ask questions about the case and what you have been charged with and that should include their fees, prior case experience that has been much like your individual court case. Before making any final choice about which lawyer to retain, be sure to have sufficient information in order to make an educated and reasonable choice.

There are many things that you can do while searching for the DWI lawyer who will best suit your needs in your specific situation. While there’s not really a “best” way to maximize your value, the bottom line in this circumstance is that you must research. Employing an attorney should be looked at as more or less a smart investment. Without doing enough research beforehand, there is no guarantee the attorney at law will be successful in their efforts or you will be able to work with them sufficiently. Selecting a good lawyer who is going to work hard for really shouldn’t be that difficult to find if enough effort is put into the research and you are therefore aware of certain experience and credentials.

Banks Lie, Lawyers Defraud, Judges Don’t Care – A Typical Foreclosure Case

Banks, judges, and lawyers typically all work together to get through as many foreclosure cases a day as they can. After all, the judges get more filing fees for their court by handling a larger caseload, and lawyers can bill all the hours they want to a bank that can create money out of thin air. But even in such a scheme as this, the judges that may want to evaluate a foreclosure case on its merits have to deal with deceptive lawyers.

The Herald Tribune in Florida, the same state in which some judges are going through 800 foreclosure cases a day, giving homeowners less than thirty seconds to defend their homes, reports that, “A Sarasota attorney, Richard Kessler, enlisted a few friends to go through 180 foreclosure cases in Sarasota County looking for errors. They found three out of four cases proceeded with incomplete or improper documentation.”

So seventy-five percent of foreclosure lawsuits that banks initiate are based on wrong documentation. But too few homeowners even appear in court to defend their homes, and the ones do show up to a foreclosure hearing do not know enough about the law and their rights during foreclosure to mount a proper defense. Without pointing out the bank’s lawyers’ mistakes in just the right way, it would not matter anyway, with all of the procedural rules in courts.

The main finding in the study the report refers to is that few banks can prove that they actually own a mortgage that they are suing for foreclosure. The report states the following disturbing findings:

“For instance, the survey found that only one in 12 cases had the documents to prove the company foreclosing on the property was also the company holding the mortgage note.

“In half of the cases reviewed, the plaintiff said the mortgage note had been lost.”

But simply not being able to prove that it has the right to collect on a loan does not stop the banks from filing lawsuits anyway. And the threat of a lawsuit, any kind of lawsuit, is typically enough to scare most borrowers into abandoning the home and moving out before eviction.

Another lie that the banks have their attorneys participate in is undermining court-ordered mediation services. When courts mandate that homeowners and lenders meet to discuss alternatives to foreclosure, the lawyers are just stating that the borrowers “had ‘no interest in the program or declined,'” whether or not that is actually true. And it is often not true, despite the bank’s attempts at deception.

The news story details a long list of practices that mortgage companies and lawyers representing those companies engage in to deceive judges and foreclosure homeowners into unlawful foreclosures. The list proves again that the courts are simply set up as formalities to “give people their day in court,” while sabotaging any effort they may make in an actual defense of their home. A number of such legal frauds are listed below:

Judges simply take foreclosure attorneys’ at their word that all of the paperwork is in order and sign off on judgments and orders for sheriff sale or eviction.

Bank lawyers file foreclosure lawsuits involving properties in other counties that the courts have no jurisdiction over, thereby taking advantage of a large caseload to get these fraudulent foreclosure through an overworked system.

Lawyers file lawsuits on behalf of banks without documented proof the lender owns the mortgage or has the legal right to collect on it. In many cases, the bank simply says the note has been lost but still wants to go through with the foreclosure lawsuit. Judges comply.

Lenders ignore county rules mandating they meet with borrowers to discuss solutions to foreclosure outside of the court system. Even if homeowners want to participate in negotiations, lawyers file paperwork stating the owners had no interest. No negotiations are ever held.

Lawyers claiming that banks, in order to have the legal grounds to file a lawsuit against homeowners, have changed their names to the company that is shown as owning the loan, even if this is not the case at all.

Banks offer to negotiate with borrowers and put the foreclosure process on hold during negotiations — but file the lawsuit anyway and obtain judgments and orders against the homeowners, who were led to believe there would be no legal action.

The only really surprising aspect of the entire news article is that the Herald Tribune seems to believe that these lies are “a new tool in foreclosure.” Unfortunately, these and similar fraudulent practices have been going on for years now, long before the housing boom turned into a bubble and then collapsed. The only difference now is that, with more and more homeowners in foreclosure, there is more lying being done.

These and other practices are just one more reason that homeowners in foreclosure should consider hiring their own foreclosure attorney or personal bankruptcy lawyer to help them examine various legal options they may have. If 75% of foreclosure cases have serious errors that the bank covers up through fraud and deception, then more borrowers may be able to save their homes or live mortgage-free for years just by spending the money to hire a good attorney to help them.

Legal Rights Advice: Want to Find a Solution for Affordable Legal Advice

There are many options for finding affordable legal advice. Four options are discussed in this article. 1. Many people have an attorney friend or family member, 2. Many people find lawyers who can do services Pro Bono, 3. Many people find lawyers that only charge if they win your case and 4. Many have a legal service through a company. My goal is to help you think and find the best option to protect your family for all legal needs.

The option of using family and friends who are attorneys is probably the most popular and least expensive option for legal rights advice. If the person you know who is a lawyer specializes in the area of law in which you need help and in the geographical location in which you live, this is an economical option. Family and friends either don’t charge anything or give a discounted rate for their services. Family and friends are often more available than a lawyer whom you don’t know. You can often feel more comfortable to communicate your legal needs and get sound legal rights advice from family and friend attorneys.

However, if family and friend attorneys don’t specialize in the area of law or geographical location for which you need help, finding an attorney for who does Pro Bono work is another option. For those who don’t know, Pro Bono work means the attorneys don’t charge you anything for their services. In many states, lawyers are required to do 50 hours of *Pro Bono work as a recommendation from the American Bar Association each year. Since it is a requirement as part of their jobs each year, they may be willing to help with your situation. Finding a lawyer who can do Pro Bono work may be tricky; they may have used all of their yearly required hours or it may take a lot of leg work calling or visiting different attorneys.

Similarly, there are attorneys in some television commercials who claim to only charge if they win your case. This option is something for you to think about and research if the attorneys claiming this can help you with your legal issue exist in your area. It may be attorneys that specializes in a different area of law that offer this option than the area of law in which you need legal help, however. This can be a good option if you are planning on going to court. Yet, some people don’t plan to go to court, but simply need some legal rights advice. This type of attorney wouldn’t be your best option if this is the case.

Possibly the least well known, yet most comprehensive affordable legal rights advice option is to find a legal service provided by a company in the United States. For those of you who wonder if this exists, let me put your mind at ease. There ARE companies available which can help with all legal rights advice, as well as preparation of wills, letters/phone calls written on your behalf, defense in court and other legal services. It may sound too good to be true, but it’s not. Since this is a very litigious society, an option like this would be very useful to many people in the USA, if they knew it existed and where to find it. Finding a company is simple, and doesn’t have to take a lot of time. In many countries, legal insurance is as common as health, life and auto insurances. It is also a requirement in some countries. In America, these companies aren’t as abundant as they are in other countries, but, none-the-less available. Where these options are available, this legal service can cost a small monthly fee, similar to other insurances.

Whatever option you choose, please search out all of the options to find out what would be best for your family. There is no need to stay in the dark anymore, since there are so many options available to you in today. To find out more about a company that can protect your family legally, just reach out – now! You will not regret it.

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Legal Rights Advice: The 3 Most Common Mistakes To Avoid

Getting legal rights advice is challenging and expensive today. The challenge comes from simply not knowing how to find the right professionals to talk to. It can be expensive given the high retainer fees and outrageous hourly rates for legal advice or consultation. Most individuals, whether looking out for their personal or family’s needs or even being a business owner, make mistakes, especially these ‘3’ most common mistakes:

1. Talking to family and friends about legal issues. Your family and friends are great for socializing and advice on some things, but not for legal advice. Most people are not experts on laws or how to legally solve an issue, despite the fact that they are most willing to give you or offer their opinion. Also, if the person you talk to lives in a different city, county, or state; they may not give you the correct information given the area where you reside. Everyone has an opinion; however, when it comes to your legal rights or that of your family or your business, you want more than an opinion, which can be potentially harmful (or detrimental). You want a legal expert that can address your issue, whether trivial or traumatic, with the proper legal advice.

What to do instead? You need and want to talk to an attorney who knows the specific laws in your area and with the issue you are experiencing. There are so many different laws in different parts of the United States. You need to know your legal rights. You need to be aware of your responsibility in following and keeping those laws. So, imagine having legal access 24/7 to the best team for the legal rights advice, consultation, or even legal representation when you need it and without any upfront retainer fees or outrageous hourly rates? You need to know what your options are; what’s out there; and how you can access it affordably. You need to research…which is what you are doing now.

2. The second mistake is talking to attorneys who don’t specialize in the area of law in which you need sound advice or legal help. Did you know that attorneys specialize similar to doctors? You wouldn’t you talk to a gynecologist about men’s health issues? Would you talk to a pediatrician about your pets, would you? As silly as these examples sound, you may just be doing that by speaking to an attorney specializing in divorce about your issue with the IRS! And if you think that you don’t need to go to an attorney because your figure that your attorney friend or family member knows enough, then please think again. Even though this may be a ‘free’ solution, it is in your best interest to get a referral to an attorney know other attorneys that may specialize in your area and who can also be objective to your circumstances.

What to do instead? Do talk to an attorney who specializes in the area of law in which you need help. There are so many different type of attorneys – just do an internet search. Unlike a family doctor, it is highly unlikely that you will find a ‘general’ attorney today. There are Corporate Attorneys, Family Law Attorneys, Tax Attorneys, Personal Injury Attorney, and Divorce Attorneys, just to name a few. When addressing your legal rights, make sure you’re obtaining the best legal rights advice from the correct attorney. There is a remarkable option for accessing affordable legal advice today.

3. The third mistake many individuals make is paying high hourly costs for attorneys. Attorney costs vary from state-to-state and even from one attorney to another. You can easily pay-out anywhere from $100-500 an hour! The hourly costs will vary depending on your legal needs or issue: i.e. whether you need representation in a court case, or you simply need a document reviewed, a legal letter written on your behalf, or you need legal advice for a future issue. Your attorney will are going to charge you according to his/her time and resources you use for that legal advice. They want to be valued for the services they provide; however, there are affordable options today to cut these high costs and have all the legal access you need.

Now, what to do instead: The solution here could be many things. One could be looking for an attorney that will do Pro Bono work. Attorneys are required to do a certain amount of hours per year for this free service. However, by the time you need assistance with a particular attorney, he/she may have already used up his hours or be too busy to help you at that time. Another solution could be finding a way to work with an attorney for a monthly cost. There are individual attorneys that do this and perhaps even there are also some law firms that may. This might actually involve a good deal of searching and time on your part. The best option is in finding a legal rights advice service that would optimally address all these concerns and be completely affordable.

These are just 3 of the most common mistakes individuals make in obtaining legal advice. There are more, for sure. Talking to family and friends, talking to attorneys that don’t specialize in the area of law in which you need legal help, and paying high hourly costs for attorneys is definitely not in your best interest. You need assurance that you are talking to the best attorney that knows the law in your area or state, that has expertise regarding your legal rights or concerns, and that is not going to charge you high fees that puts you in debt. There are better alternatives to avoid making the above mistakes. These legal options are at your disposal only for the asking. What to do instead? Reach out and ask. Your legal rights advice is that important!

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Your legal rights if you have an injury at work

There have been many cases of workplace injury victims suffering unnecessarily for extended periods of time, only because they didn’t know that they had extensive legal rights at their disposal. Although most people know that it is possible to sue an employer for negligence, personal injury, lost wages, pain and suffering and other applicable damages, it is easy to assume that large scale employers are difficult to win against. Then there’s the fact that suing an employer would make it difficult to retain employment and go back to work. Until you meet with an experienced injury attorney, you won’t have the ability to make an informed decision based on the personal merits of your case.
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Why workers compensation insurance matters

Workers compensation insurance coverage is frequently touted as being a “win-win” solution for employers and injured workers alike. Although workers compensation benefits usually do provide employees with larger financial rewards, on average, when compared to standard short and long-term disability rates, going on workers comp will preclude you from ever suing your employer. An injury that you experience in the workplace today could impact the rest of your work career, so signing away your rights to litigate soon after your injury could actually be quite premature.

What types of compensation are you legally entitled to?

Successful workplace injury claims generally entail cases where workers have sustained injuries as a result of the negligent, repetitive, unsafe or uninformed actions of an employer or its agents. For example, if an employee were instructed by a manager to perform a work related duty in an unsafe manner or location, and an injury occurred, the injured party in this case would almost certainly be entitled to a monetary award. Employers are responsible for their workers’ health, safety and well being, and when injuries occur, they are legally liable for damages. You cannot really calculate how much you are entitled to, nor can you determine what type of claim you will be able to file without the assistance of a trained lawyer.

Exercising your legal right to file suit against your employer

In the event that your injury was caused or exacerbated while you were actively working at your place of employment, consulting with a workers compensation attorney is recommended. While your direct supervisors and managers may have sympathy for you, in very few instances are employers willing to voluntarily take responsibility for injuries that occurred in the workplace. Also, realise that all businesses operate in accordance with protecting their best interests. This means that any initial settlements offered will require you to relinquish your right to pursue legal action. Always consult with a workplace injury attorney before signing any waivers, non-disclosure agreements or contracts that forbid you from exercising your legal rights.

If you have been injured at work, you may feel pressure to get well and return to your duties as soon as possible so that you can have a steady income again, but this is not possible in every individual case. By following the advice of your doctor and lawyer, you can determine what the most advantageous course of action is.

Legal rights of property owners when dealing with illegal buildings

This article examines the legal rights of property owners and occupiers when dealing with illegal buildings, which are buildings that are built contrary to the approved plans on file at the municipality, or buildings that are built in contravention of any zoning, town planning, or title deed condition or restrictive covenant.
Legal rights of property owners when dealing with illegal buildings
© Romolo Tavani –
The law

This issue is regulated by the National Building Regulations and Building Standard Act 103 of 1977 (“NBS”), the Promotion of Administrative Justice Act 3 of 2000 (“PAJA”), the Constitution of the Republic of South Africa (as amended) 108 of 1996, and our common law (made up of judgments).

Responsibility for enforcement

In terms of the NBS, it is the responsibility of the local authority (i.e. the municipality) to enforce compliance with the relevant statutory building laws. This essentially means that when you are faced with a situation where you would like to prevent the continued construction of an illegal building, or obtain demolition of that illegal building, you should first approach the building department at the applicable municipality for assistance. It is its duty to enforce the relevant statutory laws and ensure that illegal building is dealt with in terms of same. If the illegal building continues despite warnings given by the municipality to stop (or to demolish), then the municipality is empowered to approach a court for a demolition order or an order preventing further illegal building.

To the extent that the municipality fails or refuses to take action, or is simply not taking adequate action, or is too slow in taking that action, it is legally possible for owners to approach a court themselves for an order enforcing compliance with the building legislation.

Regardless of whether the local authority or the neighbour personally approached the court, the type of order normally sought would be either an interdict preventing the offending builder from continuing to build illegally, or an order requiring the demolition of the illegal building works. It has been assumed for many years that courts are reluctant to grant demolition orders on the basis that it will cause severe financial harm to the owner of the property being demolished. Van der Walt , however, argues that from an analysis of the relevant case law it appears that this is not true, and more often than not when a proper case is made out for a demolition order of illegal building works, the court will grant these types of orders. Van der Walt explains that similarly, the idea that a court will not grant a demolition order of an illegal building that has already been completed has not found favour in our law; and in fact was expressly struck down by our courts. There is thus good reason to believe that where you are seeking a demolition order, provided you are legally entitled to same, you should be able to obtain it from the courts.

What if I am unhappy with the approved building plans?

If you only become aware of building works that you believe violate your rights as a neighbour after the plans for those building works have already been approved, and the offending builder is building in accordance with the approved plans, your only recourse is to approach the courts for an order declaring that the municipality’s decision to approve those building plans was legally flawed and should be set aside. When the plans are set aside as having been wrongfully approved, there will be no approved building plans in place for the building in question, which will render it an illegal building in terms of which you can seek a demolition order.

What if I am happy with the approved building plans, but the building is not built in line with them?

If there are approved plans but the building is not being built in accordance therewith, or has already been built contrary to these plans, you would complain to the municipality and require it to enforce the relevant building laws to deal with the illegal building, failing which you would approach a court for an interdict to stop the illegal building (if construction is ongoing) or to demolish the illegal works.

An amicable alternative

It is possible to approach the builder or owner of an illegal building with a view to coming to an agreement that measures will be put in place to relieve the impact of the illegal building. Where this happens the aggrieved neighbour may be satisfied that he is no longer being affected by the illegal building works; but this does not change the nature of the illegal building works – they remain illegal because they are not compliant with the relevant building laws. The neighbours’ consent to the illegal building works does not render those building works lawful. It is thus no defence to claim that building works are not illegal because the neighbour knew about them and consented to them, or knew about them and did not complain about them.

Enforcing compliance with building and town planning laws can be tricky if the municipality does not come to your aid satisfactorily. In this case you will need the assistance of an attorney to advise you on the matter and to guide you to the best solution for your particular needs. There is no “one size fits all” solution and every case must be dealt with on its unique facts. Approaching a court for relief is often your only viable option, and it is necessary to ensure that when doing this you are obtaining the best legal advice as court action can be very expensive and in order to be successful it is necessary for your legal representative to be well and truly versed in all of the laws pertaining to the topic.

Lack of investment for seed technology

The local wheat industry has stagnated over the past years, and has become increasingly reliant on wheat imports. In the long-term, this could lead to South Africa running the risk of a threat to our food security.
Freeimages9 via
Freeimages9 via pixabay
Intervention is necessary to stimulate local wheat production. Producers, researchers, and seed breeders are adamant that a more effective cultivar development and seed breeding system would be the answer, as South Africa’s farmers are price takers, and compete with countries where wheat producers have access to the latest developments and the practice of retaining seed is not the order of the day.

A competitive seed sector is key to ensuring timely availability of appropriate, high-quality seeds at affordable prices to South African farmers. According to plant breeder’s rights, a form of Intellectual Property Right providing for the acquisition of legal rights in terms of the Plant Breeders’ Rights Act, 1976 (Act No 15 of 1976), seed breeding companies may obtain royalties as remuneration for efforts made during the breeding of a new varieties.

For producers, it is important to obtain new and improved plant varieties as there is a constant demand for better quality, higher yields, better processing properties and increased disease resistance. But breeding and development of a new variety is expensive and timeconsuming, such royalties thus give owners of a variety the opportunity to obtain a financial reward for their efforts.

The lack of investment into new technology is largely caused by the retention of farm-saved seed, which results in less seed being sold. Worldwide, the levels of Plant Variety Protection (PVP) legislation and protection for self-pollinated crops are insufficient to guarantee a return on investment on intellectual property for the holders of such plant breeders’ rights.

Beat Maker Contracts

When it comes down to the time when you want to sell your beats you must have the proper contracts. Yes, this should be a part of your studio in a folder put away, even if it collects dust. Hey, anything can happen, P. Diddy could come knocking at your door, although Bad Boy Records contracts with their musicians are considered to be sometimes “questionable”.

When selling a beat, oral agreements will not hold up in court and if the artist is sued on the basis of copyright infringement, without the paper saying you transferred all rights to the artist, the legal implications would shift to the creator of the beat, which is you. If eyebrows are raised by your unexpected professionalism, just tell your potential buyers that it’s nothing personal it’s just how you transact your business.

Although you can write the contract yourself, with personal necessities of your liking, it is very much preferred that a lawyer be contacted as you may write things that are too vague such as, “in the case of a lawsuit you don’t know me”. That is more comedy than business. One such person to write this type of personalized contract for you is a music attorney. While initially expensive it will pay off tremendously if perhaps any legal matter pops up that reflects on you when it doesn’t have to. Another point to consider is you only need a couple contracts for selling your beat and then you’re set for life and may not ever again talk to that legal money swindler.

There are two main types of transactions that are common between a beat maker and an artist, one that gives “non-exclusive” rights and the other that gives “exclusive” rights. Exclusive rights are usually priced much higher than non-exclusive rights. Make sure the music attorney draws up both these contracts separately.

Non-Exclusive or leased rights to an instrumental are when you sell the artist the instrumental but give limitations and restrictions on how the beat can be used. Non-exclusive rights may prohibit the use of the instrumental for commercial sale or promotion, strictly for mixtape use and also no rights of complete ownership to resell the audio in any way. A con about a non-exclusive deal is that as a sampler you would still be held liable for any copyright infringement and not the buyer of said beat unless stated in the contract.

Exclusive rights would transfer all ownership of the instrumental to the new owner after purchase, so any legal implication would go directly to the artist. In this contract it is also common to demand a number of points from the artist’s album on top of the set price of the actual instrumental. A point in music industry standards is equal to 1 percent of the amount of the revenue an album generates. Some beat makers may not charge a set price at all on non-exclusive right, and only points depending on how famous, profitable and consistent the musician’s history in music retail is. These are generally the common type of deals made by beat making record producers at successful indie and major record labels.

Pain Pump Litigation ? News, Updates, Settlements Information

Using a pain management pump following minor joint surgery has turned into a nightmare for many people across the country. After seemingly routine procedures, many people start to develop cartilage damage as a result of these pain pumps. This condition is called PAGCL or Postarthroscopic Glenohumeral Chondrolysis. Evidence is mounting that the manufacturers of these pumps aggressively promoted the use for shoulder as well as knee and ankle surgeries, and litigation is pending. There has been a lot of research done regarding chrondrolysis.

One interesting study was titled: Bilateral Shoulder Chondrolysis Following Arthroscopy

A Report of Two Cases

Patrick E. Greis, MD, Alexander LeGrand, MD1 and Robert T. Burks, MD

University Orthopaedic Center, University of Utah, 590 Wakara Way, Salt Lake City, UT 84108.

Investigation performed at University Orthopaedic Center, University of Utah, Salt Lake City, Utah

Here is an exerpt:

?Shoulder arthroscopy has become a common means of treating shoulder instability. Recent reports have documented the rare but devastating complication of chondrolysis following arthroscopic shoulder procedures. Although the cause of chondrolysis following these procedures remains unclear, an association with a number of variables has been suggested.

We present the cases of two individuals, each of whom presented to our institution for the evaluation and treatment of severe shoulder pain after having undergone bilateral arthroscopic shoulder procedures at separate operative times at another institution. Each patient subsequently developed severe chondrolysis of both shoulders. The demographic information, surgical records, and clinical course of the patients were reviewed in an attempt to identify factors associated with this problem. Our patients and the original treating physician were informed that data concerning the cases would be submitted for publication, and they consented.?

If you found this interesting, please read the full report.

Another interesting study is titled

Subacromial pain pump use with arthroscopic shoulder surgery: A short-term prospective study of complications in 583 patients

Journal of Shoulder and Elbow Surgery, Volume 17, Issue 6, Pages 860-862

B. Busfield, G. Lee, M. Carrillo, R. Ortega, F. Kharrazi

Here is an excerpt:


Pain pumps containing local anesthetics, with or without opioids, can be used for perioperative analgesia after arthroscopic shoulder surgery to reduce pain. Although several smaller studies have demonstrated the analgesic properties, no large series to date has reported the short-term complication rate of subacromial pain pumps. We prospectively studied (2005 to 2007) 583 patients who underwent arthroscopic shoulder surgery at a single outpatient surgery center and had intraoperative placement of a pain pump catheter into the subacromial space. Patients had at least 1 month of follow-up. No patient received perioperative brachial plexus regional anesthesia. There were no cases of infection, internal catheter breakage, pump failure, or hospital admission for pain control. The only complication was external catheter breakage that occurred when a patient attempted to remove the pump without removing the tape fastening the catheter at the skin. Subacromial pain pumps used for arthroscopic shoulder procedures are safe in the short-term.?

A number of pain pump lawsuits have been filed in state and federal courts across the country. If you have been harmed by one of these pumps, you should contact an attorney as soon as possible to discuss your legal rights. This article should not be construed as medical or legal advice.