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Author: Tessmer Law Firm

We continue with part 3 of our useful information on the Servicemembers Civil Relief Act (SCRA):   SCRA protects your home from foreclosure. If you secured a mortgage before entering military service, SCRA requires that a lender obtain a court order before it can foreclose on your home during any period of service and for nine months thereafter.  If your lender does seek a court order, and you can show that you have been unable to make your mortgage payments due to your service, the court must temporarily stay the proceedings or adjust the amount due to your lender.   If you leased a...

Continuing with information on the Servicemembers Civil Relief Act:   SCRA caps the interest rates on loans incurred prior to active duty at 6%. The rate reduction applies to the interest on all pre-service loans and obligations, including mortgages, car loans, credit cards and even federally guaranteed student loans. The interest over 6% is forgiven, not deferred.  Lenders cannot deny or revoke credit, change the terms of an existing loan or refuse to grant you credit because you seek SCRA protections.  Any claim of rights under SCRA cannot be used as the basis for a lender to decide that you are unable...

As we prepare to observe Memorial Day this week, we are reminded that our men and women serving in the Armed Forces are afforded certain rights and protections under the law.  This week, Tessmer Tips brings you what you need to know about The Servicemembers Civil Relief Act.   The Servicemembers Civil Relief Act (SCRA), formerly known as the Soldiers’ and Sailors’ Civil Relief Act (SSCRA), is a federal law that provides protections for military members as they enter active duty. It covers issues such as rental agreements, security deposits, prepaid rent, eviction, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosure, civil...

We finish up with the top twenty mistakes made in divorce today.  We hope you found these tips valuable and informative.  If you have questions about divorce or any other legal matter, give us a call!  We are here to help!   Divorce Mistake #17: Making oral agreements outside of the divorce agreement. Divorce is not the time for oral agreements; your ex may promise you the moon, but without clarifying the details in your official settlement, those promises mean nothing in court. It may feel strange to make everything so specific and official, but in the end, your ex can’t then...

We continue with the top twenty divorce mistakes:   Divorce Mistake #14: Failure to develop a parenting plan. Once your divorce is final, your relationship with your ex will change -- sometimes for the better, sometimes for the worse.  The more specific you can be with the start and end times for your kids’ parenting time, vacations, holidays, etc., the easier it will be on them because they will have some routine when the rest of their lives have been disrupted.   Divorce Mistake #15: Refusing to mediate.  The thought of sitting down at the table and trying to hash things out civilly with...

More valuable tips about mistakes made in divorce:   Divorce Mistake #10: Being a hindrance to your own case.  Your goal should be to do everything in your power to assist your case and support your attorney.  If you pester him, calling repeatedly with trivial questions, you are going to alienate the key person looking out for your interests.  Ask your attorney how to best assist with your case; be cooperative, not combative.   Divorce Mistake #11: Being laissez faire about your case.  While you don’t want to be that client who calls every day for a status, you also don’t want to be...

The top twenty divorce mistakes continue with:   Divorce Mistake #7: Allowing your emotions to rule legal decisions.  Divorce is a frazzling and distraught time; you may feel victimized, or that you are in the right 100% of the time.  Letting your emotions, rather than logic and reason, be in control, will undermine your case.  Be reflective – not reactive.  Anxious people don’t often correctly hear what they are being told.   Divorce Mistake #8: Not checking facts or figures given to you.  Don’t be intimidated by “legalese”; review ALL documents, motions and briefs to ensure their accuracy.  Attorneys are human; mistakes can be...

We continue with the top twenty divorce mistakes:   Divorce Mistake #4: Forcing the kids to take sides.  It is a painful time – you are angry and just want to hurt your spouse, but never, ever use your kids as pawns in the process.  The best thing you can do for them is remind them that both parents love them and will be there for them, no matter what happens. Resist the urge to badmouth your soon-to-be ex in front of your kids, no matter what he’s done.   Divorce Mistake #5: Having completely unrealistic expectations. Too many enter divorce proceedings expecting they...

As a firm that practices Family Law, a large number of our cases involve divorce and it is no wonder - the common statistic is that 50% of all marriages end in divorce.  This week, Tessmer Law Firm brings you 20 Divorce Mistakes:   Divorce Mistake #1:  Believing your spouse will be fair and amicable.  Most people facing divorce are emotionally vulnerable and upset; some are in a state of denial.  You may think your spouse will treat you well throughout the process, but chances are things will become antagonistic.  Look out for yourself and expect him – or her – to...

Remember, in order to have a common law marriage a couple must:   live together as man and wife in Texas; agree to be married; represent themselves as married in Texas. i.e., tell others they are married.   I’ve been living with my partner for over seven years. Are we in a common law marriage? No, not unless you and your partner have agreed to be married and refer to each other as husband and wife to others in Texas.   My partner and I had a child together. Are we automatically considered to have a common law marriage? No. You must meet the three requirements listed...