How to Wash a Microbead Pillow

Every so often, after repeated use, or due to messy accidents, micro bead pillows will need to be cleaned. Unlike memory foam or down pillows where only the pillowcase may be washed, micro bead pillows may be washed, just as long as proper measures are taken in order to prevent the pillow from being destroyed. On many micro bead pillows, the tag suggests that they may only be spot treated. This can be done by scrubbing the spot or spots out with soapy water or any other gentle cleaning solution; bleach should never be used.

However, people with young children or animals often find that the pillow may be too dirty to clean by the spot treating method. Microbead pillows may be washed in the washing machine as long as you are careful. It is important that the pillow is first placed in another pillowcase with the end tied off so it does not fall out during the wash. The pillowcase prevents the microbead pillow from falling apart through the tumbling and rushing water. It is the pillowcase that takes the beating while the microbead pillow remains safe inside while still receiving the cleaning that it needs. A detergent meant for fine fabrics or wool, such as Woolite should be used to further prevent possible tearing of the fabric. Again, no detergent with bleach should be used because it can break down the nylon lycra or spandex outer fabric of the pillow.

Wash the microbead pillow on your washing machine’s gentlest cycle using cold water only; heat risks damage to the microbeads as well as to the outside of the pillow. While washing, one should occasionally check on the pillow to make sure that no harm is coming to the pillow. While this step is not necessary, it is definitely a good idea. After washing, it is incredibly important to remember that the dryer cannot be used to dry it because, once again, the heat would create a terrible, sticky mess of the outer cover of your favorite pillow. However, a dryer may be used to tumble and air dry the pillow as long as no heat is used. To complete drying, the pillow must be hung to drip dry. With certain, higher quality brands of microbead pillows such as Snooztime, regular machine washing and drying is possible, making it easier and also more convenient to clean your favorite pillow. Cleaning microbead pillows properly ensures its owner many more years of comfortable rest.

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Trusts and Certyty of Intention

This article looks at the requirements and formalities for a valid trust. In UK law, a trust is an arrangement involving three classes of people; A Settlor, Trustees and Beneficiaries. The Settlor is the person who transfers property to the Trust. The Trustees are people who legally own the Trust Property and administrator it for the Beneficiaries. The Trustee 'powers are determined by law and may be defined by a trust agreement. The Beneficiaries are the people for whom benefit the trust property is held, and may receive income or capital from the Trust.

"No particular form of expression is necessary for the creation of a trust, if on the whole it can be gathered that a trust was intended." This statement gives the impression that no formalities are needed, and could be misleading. Although equity generally does look to intent rather than form, mere intention in the mind of the property owner is not enough. For a valid trust to exist, the Settlor must have the capacity to create a trust. He must positively transfer the trust property to a third party trustee or declare himself trustee. Further, he must intend to create a trust, and must define the trust property and beneficies clearly. This is known as the 'three assurances'; Certificate of subject matter, certainty of objects and certainty of intent.

Certificate of intent refers to a specific intention by a person to create a trust arrangement wheree Trustee (which may include himself) hold property, not for their own benefit but for the benefit of another person.

It is clear when trusts are created in writing and on the advice of legal professionals that intention is present [Re Steele's Will Trusts 1948]. However, no particular form of words is needed for the creation of a trust and here the equivalent maxim, "Equity looks to intent rather than form", applies. It is therefore sometimes necessary for the Courts to examine the words used by the owner of the property, and what obligations if any the Owner intended to impose upon those receiving the Property.

It is not necessary that the Owner expresses calls the arrangement a trust, or declares himself a trustee. He must however by his conduct demonstrate this intent, and use words which are to the same effect [Richards v Delbridge 1874]. For example, in Paul v Constance 1977, Mr Constance did not express declare a trust for himself and his wife, but he did insure his wife that the money was "as much yours as mine". Additionally, their joint bingo winnings were paid into the account and withdrawals were considered as their joint money. The Court therefore found from Mr Constance's words and conduct that he intended a trust.

Certiety of intention is also known as certainty of words, although it has been suggested a trust may be infringed just from conduct. Looking at Re Kayford 1975 1All ER 604, Megarry J says of certainty of words, "the question is whether in substance a sufficient intention to create a trust has been identified". In this case, Kayford Ltd deposited customer's money into a separate bank account and this was held to be a "useful" indication of an intention to create a trust, although not definitive. There was held to be a trust on the basis of conversations between the Company's managing director, accountant and manager so words were necessary for the conclusion.

In contrast, where the word 'trust' is expressly used, this is not a comprehensive evidence of the existence of a trust – the arrangement may in fact institute something very different [Stamp Duties Comr (Queensland) v Jolliffe (1920)]. For example, the deed may contain words such as "On trust, with power to appoint my nephews in such shares as my Trustee, Wilfred, shall in his absolute discretion decide, and in default of appointment, to my friend George". Although professing to be a trust, Wilfred is not under an obligation to appoint the nephews and provision is made for the property to pass to George if he does not. This is therefore a power of appointment, not a trust [eg. Re Leek (deceased) Darwen v Leek and Others [1968] 1 All ER 793].

Sometimes in a will, the owner of Property will use 'precatory' words such as expressing a 'wish, hope, belief or desire' that the receiver of property will handle it a certain way. For example, in Re Adams and Kensington Vestry 1884, a husband cave all of his property to his wife, "in full confidence that she will do what is right as to the disposal between between my children …". The Court held that the wife may have been under a moral obligation to treat the Property a definite way but this was not sufficient to create a binding trust. Precatory words can still sometimes create a trust. In Comiskey v Bowring-Hanbury 1905, the words 'in full confidence' were again used, but the will also included further clauses, which were interpreted to create a trust. The Court will look at the whole of the document to ascertained the testator's intention, rather than dismissing the trust because of individual clauses.

There are further formalities required for certain types of trust property, and for a trust to be valid, title to the trust property must vest in the Trustee, or, the trust must be "constituted". This might be done for example, by delivery for chattels or by deed for land. If the trust is not properly constituted, the proposed beneficaries have no right to compel the Settlor to properly transfer the Property, as 'equity will not assist a volunteer'. The exception to this is where the beneficiary has provided consideration (including marriage) for the Settlor's promise, in which case, there would be a valid contract and the Beneficiary could sue for breach.

Where a testamentary trust of land or personalty is purported, the will in which it is contained must be in writing and executed in accordance with Section 9 of the Wills Act 1837, which means the Will must be signed by the Testator in the joint presence of Two witnesses, and then signed by the two witnesses in the presence of the Testator.

Where a Settlor wants to create an inter vivos trust of personalty, the formalities are minimal. Under the usual requirements for a trust (capacity, the three responsibilities etc), the Settlor must observe any formalities required to properly transfer the Property to the trustees – for example, the execution and delivery of a stock transfer form for shares.

To create an inter vivos trust of land or of an equitable interest in land, in addition to the formalities of transferring the land, the declaration of trust must be in writing and must be signed by the person able to create the trust – ie, the Settlor or his attorney [S.53 (1) (b) Law Property Act 1925]. Where this formality is not accepted, the Trustee would hold the land on trust for the Settlor rather than the Beneficiary. The exception is where the rule in Strong v Bird 1874 applies – the Settlor intended to make an immediate unconditional transfer to the Trustee, the intention to do this was unchanged until the Settlor's death, and at least one of the Trustee is the Settlor's administrator or Executor. In this case, as the property is automatically vested in the Settlor's personal representatives and the trust is constituted.

It is sometimes stated that no particular form of expression is necessary to create a trust if intention was present. Clearly this is not the case. There are formalities for creating inter vivos land trusts and testamentary trusts and if these are not followed, the trust will fail without consideration has been provided or the rule in Strong v Bird 1874 applies, even if the Trustee had the best intentions. Further, the form of words used in those formalities must be clear and unambiguous, or they may not amount to a trust. He goes on to say that 'a trust may be created without using the word "trust"' and this is true in that other words and conduct to that effect are sufficient. However, the Court does not just regard the 'substance' of the words. If the word used does not meet the 'three assurances' or, for example, the person making the declaration does not have the capacity to make a trust, the trust will fail. This is clearly not the desired 'effect' and not the owner's intention.

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Insurance Claim Supplements – How to Submit Claim Supplements

A claim supplement is a claim for additional repair or replacement costs. Supplements are commonplace in the claims process. However, if you are a policyholder unaware of your policy rights, you could be walking away from hundreds or thousands of dollars that you are entitled to collect.

Claim supplements usually occur after a policyholder submits a claim, gets paid and gets the repairs or replacements completed. Then, additional damage is discovered some time later.

Many people erroneously think that, once the claim is closed, it cannot be re-opened. And, insurance companies and their adjusters usually don’t rush to tell you how to submit a claim supplement. So, what to do? Let’s look at car insurance claims and property insurance claims.

For any kind of supplemental claim, you must contact your insurance company and give them your original claim number. The best way to notify the company is in writing, sent Certified Mail. That way, you’ll know who signed for the letter. The insurer will have to re-open the claim. You might get the same adjuster as before, but maybe not.

Car Insurance Supplemental Claims

Lots of supplements happen when cars are getting repaired. Many times, hidden damages are discovered when the body shop begins dismantling the car. So, while the insurance company may have issued payment to the body shop from the original repair estimate, they will issue a second check for the supplemental repairs. Happens all the time, no big deal.

However, sometimes post-repair problems don’t show up right away. A good example is the Air Conditioning system. If you have a car wreck in July, you might not notice that your heater is malfunctioning until fall or winter. But when any damages are discovered that can be directly related to the original insured loss, you can submit a supplement. Simply document the damages and their cause and send the supplement to the insurance company. No additional deductible is assessed, since you already paid it once.

Property Insurance Supplemental Claims

Homeowners, Renters or Business insurance claims can find a need for a supplemental claim for some of the same reasons found in car insurance claims. Seasonal issues can bring up damages related to the original loss. But, some other issues might present themselves. You may have an expert’s report that shows additional damage attributable to the original loss. Your contractor may have found hidden damage that must be repaired. In any event, carefully document your claim and submit it to the insurance company.

Be sure that you are collecting all the money you are entitled to collect. Use supplemental claims whenever your claim requires it.

If you have experienced a property loss, whether fire, wind, flood or other, you need to know winning insurance claim strategies. The insurance company will not tell you the claims process, but I will. I will show you how to take control of your insurance claim, and add hundreds or even thousands more dollars to your claim settlement. For more information, go to the website listed below.

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10 Ways to Get a Shower on the Road

Hello travelers, people living out of a vehicle and other awesome folks, here are 10 Ways to Get a good Shower On The Road.

1) At a campground Campground showers vary from one place to the next. Some are excellent, some use solar power so you are out of luck if it’s after dark, and others are not heated at all. Water pressure is also a variable. Some have consistent water pressure while others will only get a weak stream when someone hops in the shower next to you or runs the sink. Campground showers can vary from deluxe with your own private changing room to just a primitive curtain or in rare instances, nothing at all. Some are well kept and impeccably clean and others you get to share with a few spiders and other mystery guests.

2) A community pool is another option. You may have to pay a few bucks to use the pool, but the showers are generally free. And hey, why not go swimming while you’re at it? They usually only accept cash and hours are limited.

3) Get a 5 gallon solar shower These are pretty cheap, usually less than $20 for a simple one, and can be quite useful when you’re roughing it. If you leave it in the sun for a few hours you’ll have a hot shower. If it’s not hot enough, a cup of near boiling water should do the trick. Just don’t burn yourself! If privacy is still a concern, for around $70 you can get a portable privacy shelter, such as the Texsport Deluxe Camp Shower/Shelter Combo. It works great for car camping.

4) The Solo 465 Stainless Steel Sprayer can be used as a medium pressure camp shower. Several people have commented they place it on a stove top burner and heat it up, then pressurize it and then it’s shower time. My friend tried this by pouring hot water into a 2 gallon plastic sprayer tank that he had and it made a great shower. It uses about 40 ounces per minute so that is a 6 minute shower using only two gallons. Another suggestion is to shower with Dawn Direct Foam soap instead of bar soap, then when it’s empty, you can refill it with your own scented soap and distilled water. The foaming soap lather won’t be affected by hard water. And it works for dishes too.

5) Get a day pass to a local fitness club. They usually run just $5 to $10, have really nice showers, and there is no excuse not to get a great workout while you’re at it!

6) Stop at a road house or large gas station such as Flying J, TA or Pilot, and other road trip stops with amenities for travelers and truckers alike. These tend to be some of the nicest showers you can get on the road as you get your own private bathroom with plenty of hot water and water pressure. Plus you get your own sink and toilet. Towels and soap are usually provided though you’re welcome to bring your own supplies. The cost is usually between $5 and $10 USD. If you’re traveling with your significant other, they’re usually willing to let you pay the one fee for a shared room. If you’re a little hard up for cash and feeling brave, you can also try asking a trucker if he or she has an extra shower coupon. Truckers often get free shower coupons when they buy gas and may have an extra to give away (or sell for a buck or two).

7) Visit a friend, relative or make a new acquaintance and ask to use their shower…sure, you might get a funny look, but what are friends for?

8) Try the “It Makes Sense Shower head.” You still need a water supply, but this device will help you save water. You can take a hot shower using very little water which is helpful when you’re on the road, so long as you don’t mind the chill in between the water spray. It has a chain to pull to adjust the flow of the water from a full spray to a trickle while you lather. It’s similar to a navy shower, and great for conserving water.

9) Zodi Hot Tap Single Burner Travel Shower runs off propane and 4 D batteries, so you can get a hot shower any time of day at the push of a button. It holds 4 gallons of water which is good for a 10 minute shower. Costs about $130

10) Hotels with swimming pools will sometimes let you use their pool for a small fee, and usually have public showers.

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Four Unconventional Ways to Land a $5K Loan With Bad Credit

A lot of folks got lifted high during the early part of the 21st Century. Times were good and promised to be so for a long time. Fearless about future debt, many consumers over-extended themselves. The economy fell flat thanks in part to this vast over-extension and the banking and mortgage industry that fed off of it.

As a result, loans came due with no cash flow to pay them. Foreclosures became normal. Credit card companies felt the pinch as members defaulted. Credit ratings suffered greatly. Presently, those folks have no recourse to any venues that could offer them any financial relief. A minimal $5,000 bad credit loan is unreachable.

People in this situation do have some options that they should consider while they try to rebuild their financial lives as well as their financial credibility. These options are perhaps not those that they would normally consider, but the times are not normal.

One: Familiar Loans

In one way this is the best scenario to get a much needed cash injection. In another, it could be the worst. Embarrassment is probably the biggest bar to approaching friends or family members for cash to get you through tough times. On the other hand, the terms for repayment can be quite flexible and interest rates can be low or nonexistent. Certainly, a loan such as this does not require a credit check. It would be wise and friendly to draw up a contract so each party knows what is expected.

Two: Salary Potentialities

Should a person in need of cash be to uncomfortable approaching family or friends, they might look to the workplace. Some progressive companies have opportunities for employees who have hit on hard times. A credit union may serve the company and it may be very happy to extend a loan at low interest rates and easy payback terms. If there is no credit union, sometimes an employer can be approached for a loan that can be deducted directly from future paychecks. Sometimes this sort of loan is available to promote loyalty and productivity.

Three: Non-Traditional Bad Credit Loans

Should the previous venues turn up dry, unsecured personal loans are available, either locally or via online lenders. Traditional lenders such as banks are not going to be forthcoming with any help for borrowers with poor credit. Online lenders do not consider credit scores and are usually eager to grant unsecured loans in the range of $500 to $10,000. The requirements are few; having steady employment and a bank account are often enough. The application process is easy and you can usually have cash in your account within 24 hours.

Four: Neighborhood Pawnshops

Do not cringe. For centuries shops such as this have been able to offer affordable loans to people in the community who find themselves a little shy of cash from time to time. Your loan will require security in the form of personal property offered as collateral that is equal to the worth of the loan. You will sign a document acknowledging your obligation. If you do not return to redeem the collateral, the shop is allowed to sell it to cover the loan.

No matter what sort of credit history you may have, you should be able to put your hands on some cash using the outlets described above. Just be sure you do not allow yourself to become a victim to any sort of fraud. Just be sure any money you do get is used responsibly and paid back according to the terms of any agreements.

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Five Power Closing Techniques for Insurance and Financial Advisors

So, you have made it through the prospecting game. You made your cold calls, sent out your mass mortgage mailers, invited people to your coffee-sponsored seminars, you qualified responders as being serious prospects and have set the appointment.

Now what? You have done all this work, are you sure you are going to get their business? In this article are 5 closing techniques to help you solidify the deal and make the sale.

1. Quality Demonstration – If you are going to take the time to give a demonstration, be sure that you listen to your potential client’s needs and interpretations of what they expect to get out of your appointment. There is nothing worse than explaining variable life insurance and all the different cash options and disability waivers…to find out they only have a budget of $50 per month. So, listen and then tailor your demonstration to focus on their needs and to solve whatever void they need filled. Don’t get too wordy. The best demonstrations have few words, but are very poignant.

2. Small-closes – Throughout the demonstration, try to get periodic “buy ins” and acknowledgments that you are on track with solving their needs. Ask for their opinions, ask open ended questions; be sure to engage the potential client. If you can make many small closes throughout the sales process, then when it comes time to pull out the application, they won’t be shocked or caught off guard. When they ask a question, re-state their question. This does two things: it lets the potential client know that you are listening to their concerns, but it also restates to them what they have just said is their need. So, when the time comes for you to discuss possible solutions, such as term insurance to cover the mortgage, or a wrap-around disability income policy to substitute the rest of their income, then they cannot back out and say that it isn’t a concern.

3. Between 1 and 10 – This has got to be one of the greatest closing lines ever. It is easy to do, and it forces the potential client to sell themselves. When you have finished your demonstration, you simply turn to your client and ask them, “Between 1 and 10…10 being ‘I am ready to fill out the application and never worry about how my family will financially survive if something should happen to me’…or 1 being ‘I wish you would leave my house right now’….where do you fall? And no matter what they tell you, you ALWAYS answer, “Really, a “#”? Why so high?” Even if they tell you a “4”….you answer, “Really, a 4? I thought you would be a 3, you had your arms crossed and didn’t seem interested in anything I was saying. Why are you so high? What made you choose a 4?”

And then let them answer. Even with a low number, they will point out the features that they liked. They will point out the solutions that worked best. They will also tell you what they didn’t like…and then you can move forward from there. If they were turned off by the price….them give them other options. If they were turned off by the fee structure of A-share mutual funds, then tell them about B or C shares.

4. Suggest/Recommend– This isn’t so much a closing technique as it is a phrase that sets you apart from others by presenting you as the expert. Think about the times you have heard people use this phrase with you. Typically most large oil changing stations will say at the end of their “12 point inspection”, “I recommend you flush out your steering fluid or use a fuel injector cleaner”. What happens is that, they are recommending this to you, which gets you thinking, “hmm…they are the experts, perhaps I should listen to them”. Versus someone saying, “you NEED to do this.” That phrase turns us off. “I don’t NEED to do anything!” When you are sitting with a prospective client and you have finished your demonstration and they have agreed that they need to begin a college savings plan, or invest in a sound life insurance policy, the next phrase out of your mouth should be, “As your Financial Representative, I suggest we get started with…..” or “I recommend that we…..”. It sets you up as the professional that they will trust.

5. Take the sale away -This phrase sounds like the opposite of what you want to do, but rather than chasing someone for the sale, make them ask you for it. Statements like, “I don’t even know if you will qualify for this….why don’t we fill out some of the medical questions to see if we should even move forward with underwriting.” Or if they balk at the initial deposit to open a college plan or annuity, try saying, “You know what? Maybe you are right. This college plan doesn’t seem like the right fit to help you cover the cost of your children to go to any school they want to….why don’t you check out state savings plans through the bank…I believe that enrollment period starts in 6 more months”. This gets the person thinking, “Well what is wrong with me? I want to fit in, I want to belong.” When you push something, it moves away from you….when you pull the same item, it comes towards you. Another move you can make…if someone says that the premium is more than they want to spend, you can always say, “you know what, maybe you are right, but why don’t we go ahead and get you underwritten, see if you even qualify for this low of a premium, as you could come back rated. Then once you are approved, then we can determine which policy will work best for you.”

It takes a little time to change your thinking, especially when you are just starting out. But give it some time, and practice these steps. You will see clients becoming more attracted to you as a professional.

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Travelling As a Hobby

A hobby, whatever it may be is definitely a fun activity and a stress buster. There are so many activities people do in their free time and to relax their stressed mind. The common and popular hobbies are Stamp and coin collection, music, painting, photography, reading and cooking. Among long, long list of various hobby activities, there is one interesting, informative and adventurous hobby which is also one of the most popular and loved pastimes. That is travelling.

For some it is a waste of time and money. They argue to use an alternative and read a book or watch a film related to places to be travelled. For others, there is no doubt that a person gets more life experience by walking a mile than reading an entire book. It’s a feeling of freedom, Freedom from routine and a great experience each time. You can make new friends, get rid of day to day frustrations, and give yourself some time to experience something new.

People who like and enjoy travelling have different options to try every time; a crowded market, historical momentum, a lonesome beach, and high hills and many more. The world is so big and there are so many places to visit. Each has a different beauty, various creatures, culture, speciality, language, history, and weather. The hobby of travelling is a hobby of enduring the beauty of God’s creativity and skill fullness.

If you are travelling to an historic place then chose to get prior information and an authorized guide. If you are going to any adventurous place then prefer to go in a group or with trained a person with emergency box ready with you. If travelling to a new country then make sure of having details and include a list of hotels, food, culture, language, laws, travel options, emergency numbers, currency of that region and other many more minute details. If as a traveller you like to have a nice and a planned trip without any hurdles then you are better off planning your trip.

You can take the details about the place to be visited. A wisely chosen spot, or a package will help you reduce your expense, as travelling is an expensive hobby. The planned trip is very helpful for the lone woman travellers. If you are from those who love adventures then the sky is your limit, although, you have to be smart, and informative enough to handle the experience waiting next step. You can enjoy hill walking, hiking, canoeing, caving, water sports, snow sports, and many more adventures activities.

Travelling gives you a great break from your routine and an opportunity to learn a new culture, old history and make lifelong friends. The people you come across and interact with, will give you a new heritage. They may open up your mind from a particular bend of thinking. Travelling is a perfect educational hobby as it helps you learn a lot of new things in life.

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The Eviction Process

Obviously, evicting a tenant is not a thrilling part of real estate investing for the tenant or the landlord. What follows is a description of the eviction process itself (especially as it pertains to what can be expected in Ohio), peppered with some of my personal comments with regards to how I typically handle evictions.

Generally, if I’ve not received rent monies from a tenant by the 8th or 9th of the month, I call the tenant. My leases stipulate that the tenant has a grace period until the 5th of the month to mail rent monies without being charged any type of late fee. As long as the envelope is postmarked by the 5th – no late fee. Allowing 3 or 4 days (from the 5th) for a tenant’s payment to arrive is pretty liberal and plenty of time to allow for the monies to be received from cross-town mail.

If upon a call to the tenant I believe we’re going to have problems, I immediately deliver a 3-day notice to the property. A copy of the notice is made before delivering. The 3-day notice is posted (taped) on the front door of the property if the tenant or other occupant is not there when it’s delivered. Any tenant that reaches this point (the starting of the eviction process), is advised that the 3-day notice is simply being posted as a way to protect my interests in the event the tenant doesn’t make good on the outstanding monies due.

Attaching a 3-day notice to the tenant’s door does not negatively affect the tenant’s public record. It’s not until the 3-day is formally filed that it becomes public record. The landlord cannot file for eviction until 3 business days have passed from the point the 3 day-notice was placed on the property. Once the 3 business days are up, the landlord can begin the formal eviction process. How does this start? You will take your paperwork, including a copy of the 3-day notice, and file to have an eviction hearing. I use an attorney to process all of my evictions. Specifically, one specializing in handling evictions. I personally prefer using an attorney that will try to remedy the situation with the tenant before the case is even heard. You don’t have to use an attorney – you can do a lot of this yourself and save a few bucks, but I recommend you use one. If you’ve never been to your local court system to witness eviction hearings, I highly recommend it. You’ll quickly get a flavor of what takes place during these hearings and will know what to expect ahead of time should you ever get to the point of processing an eviction on one of your own properties.

You can expect it take approximately two weeks before your hearing is scheduled. It’s important to note that I always keep the communication line open with the tenant through this whole process. I think this is extremely important. I want the tenant to know that I don’t like going down this path just as much as the tenant doesn’t. It’s not my goal just to boot a tenant out of the property. In fact, I try very hard to work out payment arrangements or even payment assistance resources with the tenant in an effort to get him or her back up on their feet. Yes it may take a little hand-holding and some of your extra time, but I’d say eight out of ten tenants going through this extra hand-holding will appreciate your trying to help and will ultimately clear their overdue balances with you. You walk a very fine line here with the tenant in that he or she may also be taking advantage of you. It can be a tough call. At times it can simply come down to relying on your gut feeling with the situation.

If judgement is taken (in your favor) at the hearing, the judge will give you permission to “red tag” the door. A red tag is just that – it’s bright red and has marked on it the date that possessions will be moved out of the property if the tenant has not vacated. The tenant has five days from tagging to get out of the property. It will usually take 2-3 business days after the court hearing for this tag to get placed on the front door of your property. Again, I keep the tenant abreast of my intentions during this process. You as the landlord call the shots with regards to whether or not any possible set-out occurs. I mention to the tenant that I still do not desire to set property out at the curb, and if payment arrangements can be made, the set-out can be averted. You will again have to make the call here. Do you want to accept only partial payment for what is owed and try to arrange a plan for payment on the extra monies? Or do you feel the tenant is just not going to make it, and in this instance, follow through with the eviction process?

The final step is the dreaded set-out. It’s extremely rare that I ever have to get to this point. If it comes this far, frankly the tenant deserves it. I’ve given them every opportunity within reason to try and remedy the situation or move out on their own accord. If the tenant has not moved out by the date stipulated on the red tag, you as the landlord have the right to order a set-out with the bailiff. Again, an attorney that specializes in evictions really helps here. In Columbus, Ohio, you only have a two hour window Monday-Friday to request and schedule a set-out. Additionally, the set-out must be scheduled within ten days following the red tag, or you have to order a supplemental red tag (more money).

When the set-out is requested (it’s generally a day and time agreed upon by you and the bailiff), you will be expected to have at least four people dedicated to setting furniture and belongings out of the house. You will also be required to have trash bags and boxes to pack items before removing them from the house. Good maintenance workers will be handy to have when you get to this point.

As you can see, evictions can be a rather drawn-out process that generally take a good three to four weeks to run their route. This is why I believe it’s very crucial to always maintain good communication lines with your tenant and try and be as professional as possible in handling the situation. It will be frustrating!…but try and keep an open mind into ways you can help your tenant get through this. A good positive attitude can go a long way to making this process less stressful to both you and the tenant!

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A Guide To How To Appeal Your Property Taxes

Fair to say, if you are living anywhere in the country, you are probably paying more property taxes than you should. The National Taxpayers Union, in fact, estimates that approximately 60% of all US properties are currently overassessed.

What makes this particularly shocking is that, since 2003, prices of median homes have declined dramatically. We would therefore expect tax assessments to be adjusted so as to reflect such declines in market values – though this has generally not been the case. Therefore property taxes for many homeowners unfairly continue to increase despite a continued decrease in local home values.

Due to a considerable shortfall in budgets, many municipalities are, in essence, heaping extra taxes on homeowners – many of whom are exercising their constitutional right for an appeal. Though appealing property tax assessments can be difficult and time consuming – and not always successful – being well-prepared for the fight can significantly increase your chances of success.

Assess your assessment

It is important to understand how your property is assessed. Ask a local realtor to help you compare your property with similar properties which sold recently to determine its market value. Multiply that value with the assessment ratio that has been established for your town. If the market value of your property is, say, $100,000 and its assessment ratio is 80%, this means the tax levied on that property is $80,000. Some rural areas and high class neighborhoods use another method of assessment by estimating the house replacement cost by adjusting factors such as the land value.

Property Record Card

Check for errors in your assessment next. To do so, you will need to obtain the worksheet of your property from your local assessor’s office. This work sheet is also known as property record card and contains information of your property such as number of rooms, dimensions, number of bathrooms, and so on. Check whether all the information about your property provided in the worksheet is correct or not. If you discover any incorrect or missing information submit this information immediately to the local assessor along with a blue print of your property. In this way you will could receive an immediate reduction and become exempt from a formal appeal.

Comparable Sales

Compare the assessed value of your property with other similar properties in that area. Look at the property’s worksheet to compare other factors like square footage, age, bedrooms, bathrooms, and so on. In this way you may be in a stronger position to appeal if your property’s assessed value is determined to be higher than at least five other properties. Make a list of comparable properties along with their other details like square footage, construction material grades, same neighborhood, and so on. This list should be produced when demanded by the assessor. The record of your neighborhood’s properties is available at the website of your local assessor.

In case you find only three assessed properties at lower and three at a higher value don’t lose hope because in this case you might be entitled to a reduction representing the difference between comparable properties and your property. Your house may be the only property with lousy grading which prevents you from having a garden or a less than desired view of your city’s water tower.

Fight back

Different localities have different rules and your assessment should be capable of explaining how your appeal works. For this you can provide evidence to the assessor including a list of comparable properties, repair estimates, blueprints, and photographs for review. In this way you can obtain a good settlement in an informal way and the assessor may continue completing his rolls and get a fair reduction for you. On the other hand if some settlement is not agreed upon, continue paying your taxes so as to avoid any future penalties on your property. Don’t worry because if the county is satisfied with your appeal, you will get a reduction or check on all future bills thereafter.

Before submitting your appeal form and other related documents, ensure whether or not they comply with all the requirements stated by the county. Keep one copy of all the documents and information submitted by you for your files In a few months you will probably receive a reply and if you think that the reduction you’ve got is not fair, you can follow the next step. The next step is to submit your case in front of an independent local appealing body. This will be more advantageous because you can personally explain your case. You can use photographs, blueprints, etc to prove that your appeal is correct. Also submit a copy of all the assessed document highlighting important points to every board member.

If your case at local level fails, you can take it to state, and even the judicial, level. Bear in mind, however, that judicial hearing will court fees, lawyer’s fees, and other expenses that could negate any savings you might realize from winning an appeal.

Where to search for the right help

It is better to employ an expert assistance which will not only save time but provide proper guidance also. In this way your appeal will become stronger. One more option is to submit your address and case to an online service company. Such companies – for a moderate fee – will highlight comparable homes in your area along with their assessment information and their sale price. If they consider your case strong enough they will send you a report which you can file with your local appeals board. If the appeals board rejects your appeal your money is then refunded.

Should you decide instead on hiring a professional appraiser, confirm that the board to which you are appealing your case permits such a professional or not. Certified appraisers can be found through the Appraisal Institute or the National Association of Independent Fee Appraisers. Most charge anywhere between $250 and $500. Hire a person who is not only experienced in the field but also is familiar with local neighborhoods in your area.

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Property Tax – Pros and Cons

Property tax can be the fairest and at the same time the not so fair tax collected by municipalities.

Two of the determining factors of how it can affect what an individual will pay for this type of tax are where you live and a person’s economic condition.

Even though we all can appreciate the good points of owning a home vs. renting, when it comes to property tax, renting is by far the better option. States will collect property tax on the following:

Any additions to the property such as improvements to the land

Land itself

Any structures that are not permanent to the property

The assessment is commonly made by an exclusive county tax collector in each state. An individual’s property and land will be appraised of its value and subsequently mailed as a tax payment notice. This usually is paid through a homeowner’s escrow amount stated on their mortgage.

Many times this can negatively affect a property or land owner as the taxes in a specific state can sometimes double or triple in amount and leave the homeowner unable to afford to pay their taxes, forcing them to sell their property or land.

People on a fixed income such as Senior citizens who have retired, can be greatly affected by the increase of property tax. The value of their homes increase, but at the same time they find themselves unable to pay their taxes because of their reduced income. Unfortunately, property tax doesn’t allow much wiggle room in the event of acts of nature or personal tragedy.

Although 2.3 seems to be the average percentage for property tax, it varies greatly from state to state, making it seem highly unfair for certain states such as New Hampshire, as it is a high 4.9 percent.

It also seem unfair when states like Alabama pay 1.3 percent and yet just a little distance away in neighboring Georgia would be required to pay 2.6 percent, then even more in Florida at a rate of 3.1 percent.

So who determines how the money generated from this income is spent or in some cases wasted? The state legislatures will determine this along with the decision to increase or decrease property tax and how frequent it is collected.

Even though property tax can absolutely help states with income,the amount of property tax to be paid can be a determining factor in one’s decision where to reside to achieve the American Dream of land or home ownership.

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