Under condominium law how soon can a condo lien be discharged after a court trial whereby the Judge ruled in favor of the defendant?
This has nothing to do with condominium law. It has to do with a civil court judgment- civil process. The discharge shouldn't take more than a few days if not sooner with a little push. The court will issue a decree and as soon as it's typed up it can be recorded in the land records. In the correct form it will extinguish the lien. You should ask the land records recorder to reference the decree to the original lien. With digital record keeping in most jurisdictions the release will become effective as soon as the decree is recorded. You can find more specific information in the civil clerk's office at the court where the decision was issued.
Your attorney can answer the timing question. You may also take the judge's order to the land-use records office and an administrator there can guide you through the discharge process. Any time delay may be based on digital or electronic record keeping update cycles.
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Normally, no. Sometimes you are required to show for some proceedings such as: Relief from Stay hearings sometimes 2004 exams any adversary proceeding Normally you never see the bankruptcy judge, just the Trustee.
Generally any presiding judge (the judge that ran the trial) can set aside a jury's guilty verdict if they find it is against the weight of the evidence or not based on relevant law. A judge cannot overturn a not guilty verdict. In the U. S., a court may overturn a jury verdict of "Guilty" and en…ter a judgment of acquittal or order a new trial in a criminal case. The basis for such action includes situation where the jury has brough in a verdict that is not supported by the evidence beyond a reasonable doubt. This may happen where a jury is prejudiced against a defendant or makes a mistake in its fact finding or application of the law to the fact after the court jury instruction. United States Federal Rule of Criminal Procedure 29 states: (a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction. The court may on its own consider whether the evidence is insufficient to sustain a conviction. If the court denies a motion for a judgment of acquittal at the close of the government's evidence, the defendant may offer evidence without having reserved the right to do so. (b) Reserving Decision. The court may reserve decision on the motion, proceed with the trial (where the motion is made before the close of all the evidence), submit the case to the jury, and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict. If the court reserves decision, it must decide the motion on the basis of the evidence at the time the ruling was reserved. (c) After Jury Verdict or Discharge. . (1) Time for a Motion. A defendant may move for a judgment of acquittal, or renew such a motion, within 14 days after a guilty verdict or after the court discharges the jury, whichever is later. (2) Ruling on the Motion. If the jury has returned a guilty verdict, the court may set aside the verdict and enter an acquittal. If the jury has failed to return a verdict, the court may enter a judgment of acquittal. . Subsections (b) and (c) make it absolutely clear that a court may set aside a jury verdict of guilty in a criminal case. The Rules do not give the court any authority to set aside a verdict of acquittal. The reason the FRCP do not permit a court to set aside a jury verdict of acquittal and enter a judgment of guilty is to preserve the Sixth Amendment guarantee that all criminal defendants shall enjoy the right to a trial by jury as well as to preserve the Fifth Amendment prohibition against double jeopardy. The reason the FRCP permit a trial court to set aside a jury verdict of guilty and enter one of not guilty, is to preserve the defendant's right not to be convicted of a crime except on evidence beyond a reasonable doubt. In the interests of justice, no trial court should let stand a verdict of guilty where the evidence does not prove guilt beyond a reasonable doubt. These rights apply to state courts as well as to Federal courts because they have been incorporated into the 14th Amendment because they are a fundamental part of our jurisprudence. Note that these are the Federal court rules; however most state court rules are modeled after the Federal Rules and all will have some variation of the authority to set aside a guilty verdict.. ( Full Answer )
Real Property Liens . A lien encumbers the named property until it is paid or satisfied.\n. \nIn most cases the property cannot be transferred, sold or refinanced unless an agreement is reached with the lien holder.\n(The exception being marital property held as Tenancy By The Entirety when only… one spouse is the judgment debtor).\n. \nIt is unclear what the term "taken to court" means. One possibility is that the lien has been perfected making it a secured debt and the lien holder is requesting the court to order a forced sale of the property. ( Full Answer )
Answer . \n. \nThat may have been true not so many years ago, but not now.\n. \nA man has the same rights in the dissolution of a marriage as does the woman, whether it pertains to custody, support, division of property and so forth.\n. \nThe key word here is "seem". Regardless of the type o…f litigation, the losing side almost always believes that the law and the presiding judge "favored" the winner. ( Full Answer )
You should contact the law firm that represents the condominium and learn how condominium liens are handled in your state.
If a prosecutor and defendant have to come to a plea agreement can a judge say no and force a trial?
Answer . In most states, the judge can reject the plea agreement and the defendant has the right to withdraw his guilty plea. This does not necessarily force a trial because the prosecution and defense can at that point renegotiate the deal.
The best evidence of a written document is the original written document itself. A document is "original" even if it is a duplicate, as long as it was treated as an original at the time of execution. In states that do not follow the Federal Rules of Evidence, a special showing may be required to pro…ve the unavailability of an original before a non-original duplicate is admitted. Under the Federal Rues, any duplicate is admissible without a showing that the original is available, unless there are problems with authenticity. ( Full Answer )
The association filed a formal lien with the court, on your condominium home -- probably -- for unpaid assessments. (Your monthly assessments pay bills to vendors who service the community, such as sewer, water, garbage, master insurance policy premiums, landscaping and so forth. When you don't pay… your assessments, essentially you ask your neighbors to pay your bills.) The effect of the lien is that the title to your ownership is clouded. A lien can appear on your credit report. In order to sell your unit, the lien must be paid and the lien lifted. Read your governing documents to determine the steps that your board can take to recover the monies you owe, potentially including foreclosing on your unit in order to satisfy the lien. ( Full Answer )
The legal "grounds for appeal" are too numerous and complicated to list here. Do some research relating to your own particular state first.
If a federal judge rules a law unconstitutional and a state appeals the decision Can someone be charged under the said law until the appeals courtsupreme court decides to hear the case?
Yes. The law is still "on the books" and enforceable - UNLESS the Federal Judge "stayed" its application until such time as the appeals process was decided.
In the Baby Jessica Case once the Michigan trial Court ruled in favor of the adoptive parents the arrest warrant in Iowa was nullified is it False?
The answer is false! because the Deboers went against the Iowa Courts refusing to return Jessica when she was little over a year old to her father and the Deboers didn't even show up for the court ordered hearing in Iowa on how the transfer of Jessica would take place. The courts in Iowa issued arre…st warrants and high dollar fines on each of the Deboers. The Deboers ran to the Michigan courts hoping they could win Jessica in their home state and keep Jessica on grounds best interest.. The transfer of Jessica had to happen in Michigan because the Iowa courts wouldn't drop the charges against the Deboers for not returning the infant to her father and the Deboers could have been arrested if caught in Iowa. On Aug 2,1993 after Jessica was given back to her parents and flown back to Iowa and now living with her natural parents, the Iowa courts later dropped the charges against the Deboers since Jessica was now returned as ordered. ( Full Answer )
How is a mechanic's lien removed or discharged when the contractor and the homeowner have come to an out of court agreement?
While this will vary from state to state, in Ohio the lien claimant has 30 days to remove the lien after it is satisfied or adjudged against him or face damages to the owner of up to the face value of the lien Ohio Revised Code 1311.20. The removal process is merely to prepare and file a satisfactio…n of lien and file it with the same county recorder where the lien was filed. You will have to pay a filing fee (in Ohio it is$28 if it is one or two pages long, $14 for every page after that. Some counties require that you pay an additional "reference" fee, usually $2 for them to "reference" the satisfaction to the original lien. Call the recorder before you go down or mail it. If you have paid too much or too little they will return it without it having been filed.. I have also written some articles for the Builders Exchange Magazine you may find helpful. You may find them at http:/ohiolienlaw.com/bx/resources.php . You may also find it useful to review Ohio's Mechanic's Lien Statute. http://codes.ohio.gov/orc/1311 .. I hope that this helps. ( Full Answer )
If your attorney and the judge for your case are co defendants in an unrelated separate trial is this a conflict of interest?
If a judge and a lawyer are under trial, they shouldn't be practising. You can probably apply for a mistrial or something, under conflict of interest or incompetency.
Given the steps that an owner would take in this case, such as: . Writing a letter to the board requesting that the issue be handled -- including the letter -- in a board meeting, and that the issue be documented in the minutes . Pointing to the budget line item that funds the installation of th…e mailboxes . Waiting the stated amount of time for the task to be completed . Requesting in another letter, an explanation as to why the task is not complete ...and so forth, the owner's recourse might be to hire an attorney to bring an action against the board to implement the mailboxes. ( Full Answer )
Take it with you. The judge will ask you questions and, if you need your evidence, show it to him then.
Yes, a condominium can put a lien on your condo. The condominium depends on your payments to keep up the common areas. As a result, it has the right to collect its fees plus interest when you sell it if you do not pay your assessments and a lien is filed. As well, the association may be able to sell… your unit in order to collect these unpaid assessments. Read your governing documents to remind yourself of your agreement to pay assessments and of your association's responsibility to pursue you until the assessments are paid. When you do not pay your assessments, you're essentially asking your neighbors to pay your bills. ( Full Answer )
If a defendant claims that drugs were illegally seized but the trial court admitted the drugs into evidence then where can the defendant go to challenge the decision of the trial court?
If the trial is/was still in progress there is no appeal of the trial judge's decision to admit the drug evidence. However, once ythe trial has been completed and the verdict rendered, if the defendant feels there are valid legal grounds to challenge the trial, he may file an appeal with the Court o…f Appeals. ( Full Answer )
In any state, liens remain on a property until the debt is paid and the liens are released.
It isn't necessary since the entire record of all proceedings become permanent court records and are (theoretically) always available to you. But if you have the copies and wish to keep them, there's nothing wrokng with that either.
By having the most convincing argument backed up by the facts necessary to prove your innocence.
At least four. The District Court judge believed Dred and Harriet should be free under the "once free, always free" doctrine because they had both resided in territories that prohibited slavery. Dred Scott lived in Illinois, a free state governed by the Northwest Ordinance, and he and his wife lived… together in the Wisconsin Territories, an unincorporated area controlled by Congress, that also prohibited slavery. One of the three judges in the Court of Appeals agreed with the District Court judge, but the other two upheld Irene Emerson's claim to ownership. Two of the nine US Supreme Court justices, Justices John McLean and Benjamin Curtis, also believed Scott and his family should be free. ( Full Answer )
The judicial review is the process whereby the Supreme Court canjudge the constitutionality of a given law. During the process, thelaw is usually allowed to take its course.
I am unaware of any such law. A judge is free to sentence immediately upon the pronouncement of the verdict or he may order a pre-sentencing report to assist him in making a decision, and delay the sentencing hearing until the report is prepared and submitted to him.
Read your governing documents to determine what is owned by individual owners and what is owned by the association.
Which of these characteristics does NOT describe the adversarial legal system. 1The judge manages the trial 2The judge presents and comments on the evidence 3The judge makes rulings on the law?
In an adversarial legal system there are two main components: (1) A neutral fact finder and arbitrator (usually the judge and the jury); and (2) Two opposing "adversaries" (usually lawyers) representing opposing parties in a case (the plaintiff and the defendant). The system works by pitting the adv…ersaries against each other, making it their job to present evidence and arguments before the neutral decision-maker, who ultimately manages and makes a ruling on the case. With this description, I think that you can easily pick out one of the answers above. ( Full Answer )
What is the procedure for a condominium association to file a lien a condo for montly dues on a condo that the bank is foreclosing on?
Overall, every state handles these matters differently from every other state. You need a condominium-savvy attorney to help you recover this debt at this late date. Effectively, a lien must be filed with the local court.
Any court, even a lower state or federal District Court, can find a federal law that is relevant to a case or controversy before that count unconstitutional, if the court has a rational basis for making such determination. These cases often end up being petitioned to the US Supreme Court for a defin…itive answer. ( Full Answer )
Absolutely not; that would be a conflict of interest and a breach of ethics that would not be permitted by the courts. If the case ever reached the US Supreme Court on appeal, and the the justice was, for some reason, still a member of the Court, he (or she) would be expected to recuse himself fr…om participating in the case. ( Full Answer )
Prosecutors can appeal a judge's rulings, but not a jury's verdict. A verdict of "not guilty" eliminates the prosecutor's right to appeal nearly everything.
Justices in the USSC are appointed for life. Supreme Court justices "shall hold their Offices during good Behavior" according to Article III, Section1 of the US Constitution. It's important to understand that while Justices may not be fired or removed from office, thay are subject to impeachment i…n the same manner and for the same causes that apply to the President of the United States in Article II. ( Full Answer )
Nobody in the government or a government official is above the law. Even the high up officials have to obey the law.
If the Senate tries the Chief Justice, it would follow the procedure used in most impeachment trials. The presiding officer of the Senate or an appointed "Impeachment Trial Committee" would preside, or act as judge, and the other Senators would serve as the jury. This procedure is used for the re…moval trial of all officials except the US President, and became legal practice in 1986 when the Senate amended its rules and procedures for impeachment trials. The Chief Justice of the Supreme Court only presides over the impeachment trial of a US President. ( Full Answer )
Regardless of who ruled, the US FCC has published guidelines regarding legal placement of signal antennas. Generally, the limits are that the antenna be placed within the unit's 'boundaries', and installation be approved by the condominium board. As well your governing documents may define the pr…ocess, guidelines, allowances and limitations that are in effect in your community for installing an antenna. ( Full Answer )
They send the case back ("remand it') to the trial court for a new trial with instructions on what was done wrong.
Federal court judges are appointed by the president and confirmed by the senate. State court judges are elected or appointed depending on the state's system.
Your association attorney is better prepared to answer this question in your particular situation. There is no standard.
Read your governing documents to determine the uses for your property allowed by the association.
It depends on the type of case and the type of hearing the defendant fails to appear for.
In the United States copyright law is almost exclusively handled in federal district courts, other than copyright of sound recordings published prior to 1972 and other possible issues that are handled under state laws because they are not pre-empted by the federal laws.
A court reporter (transcriptionist), a caricaturist (no cameras, please), translator(s), the witness(es), the jury and the spectators (or audience), may be in the courtroom.
General trial courts have the jurisdiction and authority to hearany type of case. Criminal and civil cases are heard in generaltrial courts. A court of special jurisdiction only is empowered tohear special categories that may include family court.
Many states have individiual sunshine laws -- and there is afederal sunshine law requiring openness in governance, includinggovernance meetings and records. Read your governing documents to determine when and how your boardcan conduct business -- make motions, vote on motions, and soforth. Any such… gathering may well constitute a 'meeting'. Ownersmay also call informal, educational meetings, where boards or boardmembers do not conduct business. These may be private, or moreprivate than formal board meetings. As an owner, you are entitled to inspect business records of theassociation. You may be required to present yourself at theassociation manager's office during office hours, but you mayreview any and all such records. You may learn more from your state Community AssociationsInstitute, as below. ( Full Answer )
"Your Honor" is the title given to judges in various lower courts of law. In the United States Supreme Court, the nine judges are referred to as justices.
Can the owner of a condo unit that subject to a life estate sit on the condominium board if by-laws state only an owner can be a board member?
Yes. The fee owner of the condominium unit is the legal owner even though the unit is subject to life use by another party.
When the judges on a court of appeals decide a trial was unfair,they can request a new trial.
Please review your governing documents -- your CC&Rs, to discover the boundary definition for your unit. Look for the section with boundary in the title. There is no standard: every condominium is different from every other condominium.
Why an attorney of a defendant files a motion to reconsider the judge ruling with a supporting memorandum of law and facts?
This sometimes happens after the judge has already ruled againstthe defendant. The attorney is attempting to change the judge'smind by providing him with facts that support his or her claims.The final ruling will be up to the judge. Think of it as a lastditch effort.
How did courts once interpret the equal protection clause to rule in favor of laws that segregated white Americans and African Americans?
they claimed that the laws treated both groups equally becauseneither could use the services and facilities designated for theother group
No, according to the Bill of Rights, accused citizens have theright to fair and speedy trial. The accused unable to provide anadequate defense is not a fair trial.
Actually a court of appeals cannot decide that. A court of appeals can only decide whether or not the trial courtcorrectly followed procedures and existing legal precedence. It isentirely possible for procedures and legal precedence to becompletely unfair (they have been many times) but if the trial…court properly followed them, the court of appeals must support thetrial court's decision. If the court of appeals decides that the trial court failed tofollow procedures and/or existing legal precedent, then the casemust be retried in a trial court. ( Full Answer )