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As challenging as finding the cure for the common cold?

As challenging as finding the cure for the common cold?. Eleventh District Legal Assistance Program. Presented by Michael Marken, D 11 Legal Assistance Telephone: 510 437-5891 Los Angeles AFB: 310 653-2084 or 653 633-3084 https://aflegalassistance.law.af.mil/lass/lass.html

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As challenging as finding the cure for the common cold?

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  1. As challenging as finding the cure for the common cold?

  2. Eleventh District Legal Assistance Program Presented by Michael Marken, D 11 Legal Assistance Telephone: 510 437-5891 Los Angeles AFB: 310 653-2084 or 653 633-3084 https://aflegalassistance.law.af.mil/lass/lass.html NB Ventura County: 805-982-3124 or 551-3124 http://www.jag.navy.mil/legal_services/rlso/rlso_southwest.htm http://www.uscg.mil/LSC/Alameda/ http://legalassistance.law.af.mil/content/locator.php

  3. Coast Guard Legal Assistance Program Includes: • Individual Client Legal Services • Preventive Law Program • Individual Legal Readiness Training • Other legal briefings, e.g. spouses groups, retirees • LSC Legal Assistance Website @ www.uscg.mil/lsc/alameda/

  4. Authority & Eligibility • Eligibility • Active duty military personnel & dependents • Recalled reservists & dependents • Reservists for pre-deployment matters • Officers of commissioned corps of PHS On active duty or entitled to retirement pay • Retired military personnel and dependents

  5. Authority & Eligibility • CANNOT represent anyone in a criminal matter (Civilian & Military Courts). • CANNOT represent anyone where the opposing party is the United States. • CANNOT represent anyone in court.

  6. SCRA HELP • Servicemembers Civil Relief Act • Car leases – Recall, Deployment or OCONUS PCS • Terminate w/o penalty • Must notify in writing • Deployment must be at least 180 days § 535 • Residential lease – Recall, Deployment, or any PCS • Same rules, but ….deployment at least 90 days §535 • Cell Phone Contracts if: -Any PCS or deployed OCONUS 90 days -“Use materially affected” § 535a - Pre Military Service Debts- Reduced to 6% interest for duration of military service- material affect- § 527

  7. SCRA Help • Servicemembers Civil Relief Act • Stay of Civil Proceedings • Requires a court or administrative hearing to grant at least a 90-day stay if requested by the servicemember. Additional stays can be granted at the discretion of the judge or hearing official. • § 522 • More info: Michael.J.Marken@uscg.mil

  8. Common Legal Services • Landlord-Tenant • Powers of Attorney • Wills/SGLI Beneficiaries • Advance Medical Directives • Servicemembers’ Civil Relief Act

  9. Landlord-Tenant • Lease reviews • Military Clause – Add to Lease • Security Deposit-California • Written notice of new address – Tenant • Landlord – 21 days to give list of deductions • Late or no written response? – LL must refund full deposit $$. • CA Tenant Guide: http://www.dca.ca.gov/publications/landlordbook/index.shtml

  10. LANDLORD FORECLOSED? • FED LAW- 90 Days to move out after property foreclosed. (Until 12/31/2014) • Be sure to pay landlord rent on time or subject to 3 day notice of eviction • Who is landlord?-until property actually changes title still original LL even if foreclosure is in process.

  11. Powers of Attorney (PoA) • POA – designate agent to act on behalf of principal • Agent has same legal authority as principal for those acts • Others need not honor a POA • Check ahead of time

  12. Advanced Medical Directives • Living Will or Directive to Physician - If you are incompetent, leaves written instructions for your medical care provider about your wishes • Advanced Medical Care Directive - If you are incompetent, appoints another to make health care decisions for you • Durable General POA, with or without a “springing clause”. • If you are incompetent, appoints another to act for you

  13. Wills • Can name executor, beneficaries, trustees, guardians. If no will-court will decide- litigation/insecurity Your family will have enough grief to deal with-don’t leave them with a legal hassle too.

  14. Mortgage Crisis • Nationwide Phenomenon- CA, FL, OH, MI hardest hit. • Apparently not going to “bottom out” until mid 2012. (Option ARM problem) • California Anti-Deficiency Statutes

  15. California Anti-Deficiency Judgement Statutes • California Law states that if: 1) a mortgage holder forecloses on a homeowner 2) the mortgage(s) were used to purchase the property Then: Mortgage holders recovery limited to taking back property only, cannot seek deficiency judgment against homeowner CA CCP 520, 726

  16. Foreclosure-Security Clearance • ALCOAST 538/08: • Excessive indebtedness and unreliability may affect security clearance- however -A single foreclosure or Short Sale does not necessarily establish a pattern of excessive indebtedness or unreliability

  17. Contact Points • For Legal Assistance • Legal Service Command - Call(510) 437-5891 • Helpful Web Sites: http://legalassistance.law.af.mil/content/locator.php www.uscg.mil/lsc/alameda/

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