Arkansas Blog

Nance, same thing happened to me, I was summoned to serve on civil and fed AT THE SAME
TIME...............been a few years and I've slept but think I called clerk of court and she told
me to show up for the first one I re'cd, which was the civil, and forget the other.....sure
made me happy as my summons came from Ft. Baptist and dummy me thot I was going to have to
pack up and spend weeks in a hotel in DBI and Mag's fair city, didn't even know HS had a fed
courthouse downtown among all the buildings with Wheatley on the facade.
No slam on the Wheatley's, good friends from church.

House Dems Unveil Plan for Health Care. And it includes a public option! Clickie.

Here is something I have been waiting to see the various "media" to connect and report on, but haven't seen anything.

Coal plant upwind from Central Arkansas will have a big ol' tall smokestack sending various polutants our way AND Central Arkansas is only one dryspell away from "Nonattainment" for air quality according to EPA.

Notice all those cities with really high gas prices? San Francisco, Chicago, LA etc?

The reason their gas prices are so high is because they are required to sell much more expensive grades of gas to fight smog.

Also no industry will set up in an area with EPA air issues. Remember the car plant by Marianna?

Why son't anyone bring up that these things are connected?

Thanks, Country Boy, for that NYT link!

Sounds great, doesn't it?

Of course, EVERYTHING Obama's said so far sounds great. Nothing's actually worked out like he said; not on banking and stock market regulatory reform, not on our troops and the war(s), not on DOMA and DADT, et al., but so what? No doubt health care reform will prove completely different.

Guess we just "wait" and see and eventually do what we're sold.

Of COURSE taxes will have to be increased for universal coverage, as abroad.

We can handle that because it's STILL far cheaper for everybody than our current corrupt system of for-profit health insurance. (See every OTHER advanced country but ours.)

Maybe the NYT got it right and all the other news sources got it wrong (that Obama's basically caved to Big Pharma and Big Insurance and the AMA and "socialized medicine" fear-mongering lobbies, despite his "sounding" great in public), and is giving THEM -- not the American People -- what they want.

Sure hope so.

I have a question for ya'll.....

I'm trying to put WBW's name on my house and the mortgage company told me I'd have to refinance to achieve this. This makes no sense to me.

I then asked hypothetically if I could bypass refinancing if I had just gotten married (they said "sure'' if I sent them a marriage certificate. I wanted to go into detail why I don't have a marriage certificate but just laughed/cried quietly to myself).

My Little Rock Mom just told me I could do a "quick claim'' with any title company at a cost of around $125.

If and when WBW is deployed, it's very important that her name be on the house to reap any housing stipend. She already pays half of everything and she sold her house to move in with me. Plus, she's literally put in about $20,000 of her own cash for improvements.

I really want her name on this house. Any suggestions?

Wow, even Rep. Vic Synder voted with the idiot Republicans today on their empty headed resolution expressing support for the pro-democracy demonstrators in Iran.
Even after the President ask them to not get involved, to use just a bit of restraint and wisdom.
That makes me kinda sad Vic.

Ooh, Country Boy! Could your link to the NYT story prove some SUBSTANCE to this Admin. for a much-needed change?

Let's hope. Here's another.

It's quitclaim deed, Sister. It's normally used when a couple splits the sheets and one passes ownership to the other in the settlement. The mortgage company has no control over filings on your property like 2nd mortgages, quitclaim deeds, judgements, etc. They have no control over opposite sex marriages which automatically affect real estate ownership either. If you want her on the mortgage then yes, you will have to refinance. Visit with an attorney.

>>I really want her name on this house. Any suggestions?<<

Quick claim should work.
May I strongly suggest you each have a life insurance policy on the other which will
yield enough to pay off each others interest in your home. Note that IS NOT half the
balance owed on any mortgage but the actual value brcause that is what must be settled
should anything happen.

In case of the unimaginable sudden death WBW may find her self owning a home with
your mother or visa versa.

I watched that happen to two gay couples in NWA. In one case the ex hubby as representative
of the deceased's children ended up with half the home after the two of them made payments
for 8-10 years.

Since Ark will not recognize your marriage plan accordingly.

.

oops. Quitclaim is correct.

To Marty Feldman Whad'Ya Know fans the show will be live from Germantown-Memphis tomorrow at the Germantown Performing Arts Center.
clik for ticket info.

El,

In lieu of life-insurance policies, we have done wills and powers-of-attorney.

Shouldn't that keep us both protected in case some of our fundie brothers and sisters try to get involved? (I can actually envison that happening in the event one of us dies).

The house can actually be paid off in 5-7 years.

I would find an attorney Sis that specialises in this area. And it is generally money well spent. You can rest assured that a family member will come forward in the event of your death to try to claim a quick prize. It always works that way.

I had to refinance my house after my divorce to get his name off everything, otherwise the poor dear couldn't get a mortgage of his own. he signed a quit claim deed in the property settlement (I got the house along with the payments because the kids stayed with me). Its complicated, Sister, no matter what, as fer as I can tell.

I refinanced about 5-6 years ago at 5.25 (I got some $ too because I had to re-do my bathrrom)....I don't want to go through that again because they tried to screw me over at closing (it didn't work, I pitched a fit until I got the terms I had agreed to).

I can only imagine if something happened to WBW while deployed (I'm her sole beneficiary). Her Mom and sister would be on me like bees to honey.

Jeez, wouldn't it be easy if I could get married?

Hey guys, sorry to post off topic but y'all may get a laugh out of this. See if anyone you know is on the list.

Sistertoldja, a couple of points on Arkasnas real estate law if I may...

First let me ask: you're wanting to add WBW to the title and remain on yourself, right? If so, then you do NOT want to use a quitclaim, but rather a warranty deed. They're very similar instruments, and people use the terms interchangably, but have a very different legal effect.

Under current Arkansas law, a quitclaim deed will break the line of title insurance. A warranty deed preserves it. Your current warranty insurance protects you against any undiscovered liens on the property from previous owners. In order to add the 2nd owner, using the warranty deed means you don't have to spend as much $$$ when you refi in order to protect the claim on the property.

FYI, a lot of banks and mortgage officers use the terms "quitclaim" and "warranty deed" interchangably. In your case, with your non-traditional relationship, you want to make absolutely sure the t's are crossed and the i's dotted.

A second point about just adding WBW to the title. Since Arkansas does not recognize same-sex marriages (even those performed out of state) then WBW doesn't have "spousal interest" under the law. Arkasnas spousal interest means that a spouse can be added (on in case of a divorce, removed) without triggering the "due on sale" clause in your mortgage.

Since WBW is not your spouse (legally) this means that if you add her as an owner, you are technically triggering the due on sale clause. NOW... the odds are the bank won't care as long as you make the payments, but I wouldn't take the chance. There are too many screwups in the banking system right now.

Like others have said, I strongly recommend you see an experienced real estate attorney. Not a family attorney. If you are in the Litttle Rock area, I would be glad to recommend somebody if you would like. He's cool, he doesn't care about "anything" political, just except protecting his clients (he's actually pretty liberal in politics.) Yes, it would cost an hour or two of attorney time, but with a home I would recommend you do it right.

If I can help you, I'll be glad to. I know good banks, good closing agents... RELIABLE people who won't screw you over. You're welcome to email me at howard@warrengallery.com

Sister, Goof's advice is spot on: "I would find an attorney Sis that specializes in this area. And it is generally money well spent." That said, make sure you find an attorney who is competent and trustworthy, a trait not found in all attorneys (no offense to attorneys in general meant, just talking from experience).

My wife and I filed a quit claim deed for estate tax planning purposes that cost little or nothing for the form, to fill out and then file. I don't remember if we got a blank quit claim deed form from the Arkansas Secretary of State's office or where, but they can be found in lots of places for little or no cost.

Good luck!

MARTY Feldman, elwood?

Damn your eyes!

Too late!

Thanks, Jazzy, Guess I will just call, surely I can get out of one!

Slinger,

Thanks so much for taking the time...I'm still unsure what you mean about the "due on sale'' clause?

I simply can't do the warranty deed and be done with it? Bear with me, I'm an idiot when it comes to legal matters.

Why is this so freaking complicated? (venting, ignore me). I just want to protect what is legally ours and what WE'VE worked for! (still venting, only aimed at homophobes).

Again, thanks to everybody for helping me out.

I feel so special...my son actually invited me to his Facebook stuff...after telling me 'no.' God bless him...there's hope yet. Now, if I can just remember...how to navigate the Internet world my 'children' play in.

Sister (regarding son)...I should have made it clearer, he's now 27; and, yes, we made sure he was 'protected' while he was still in our care.

Too hot for me to do much other than play online/watch TV.

Good thoughts for you/hubby, jazzy. Hope both of us live long enough to see our country move out of 37th place healthcare wise (but first, expense wise); and take care of all its people.

Severus...you suck...your healthcare ideas suck worse. Greedy fools.

Sister, for little brown semitic Pete's sake.

Remember that, like most anything else, legal advice is worth no more than you pay for it. Sometimes less.

Want some for free?

What you need is a deed from yourself as a single person to yourself and WBW as joint tenants with right of survivorship. Has the same effect as a deed to husband and wife, which creates an estate by the entireties, which is also a survivorship tenancy. Whoever lives the longest owns it. Has no effect on your mortgage, which was filed first, since Arkansas is a "pure race" state. WBW will not have the spousal rights of dower and homestead, but if you are dead it will make no damned difference, since she will own the land subject to the mortgage. And you if her.

Life insurance and all that kind of stuff is paid to the named beneficiary, regardless of status, and never mind what the will or the statute of descent and distribution says. What you and WBW want are last wills, durable powers of attorney, and living wills (health directives) with the statutory health powers of attorney attached. The latter lets either of you access the medical records and the patient and the doc's, and my form gives the survivor sole power over burial provisions, which can be a big deal.

Mail me at the blue name.

Frankly, this stuff is dirt-simple, and over 800 years old, we inherited all the ideas from Britan. You can do anything with your property that you want to do. No one ever needs to apologize for anything well crafted.

Oh yes, Nance you can get out of one. I have been called 7 times in a few short years, they
all know me at the courthouse 'cause I go in shouting GUILTY, HANG 'EM.....of course, I have
never been seated in a jury box.
Last time I went I was in agony with back pain and right off the plate judge said, *no excuse
for back problems, if I did that 99.9 % of population would plead back pain.*
I knew I was sunk, but got sent home anyway..............DUI case.
Call clerk of court.

Nance,

Call Judge Fox's Trial Court Assistant (she recently got an elevation without pay as Case Coordinator), and explain your conflict. If I were at work, I could give you the number, but it's late on a Friday.

She and the Judge will be most gracious with your conflict.

Myself, I envy you the opportunity to sit in judgment. You will never again be treated with so much politeness.

Sister,

Silverback is dead on with his approach. I can't remember for sure, but I think he's an attorney.

FYI, a "due on sale" clause means that if the title/ownership changes, the entire mortgage is 100% due to be paid off immediately. The objective is to prevent an unqualified person from buying a house by using a qualified person as a front. In other words, if I Howard K. Duck bought a house with a mortgage, then signed the deed over to my buddy eLwood, then the loan must be paid off immediately. eLwood cannot make the payments on my behalf.

Back in the 1960s ~ 80s, a lot of mortgages (FHA, VA, etc.) were assumable... a qualified person could assume the mortgage from the seller. These are almost non-existent today.

(eLwood, I'm teasing you!)

Jazzy, back in 2002 I tried the "HANG 'EM HIGH" routine to get out of jury duty. The judge looked me straight in the face and said "Mr. Warren, this is district court, but I SWEAR I can get you federal time if you keep this up."

I prompty shut up and sat down.

Silver,

I clicked and got nothing. I'm hoping wills (and living wills) and powers-of-attorney would cover that - that was done 2 years ago.

In any event, just spoke to WBW (she's at her annual military training). I think she was touched that I was attempting to initiate this...though I told her it wouldn't be easy. I could bore ya'll to death with my feelings for that girl...she's truly one of a kind (unlike me, who can be a total bitch...just ask Zelda...who is speaking to me again, thank God).

I just think it's sad we (gays) have to jump through all these hoops because we're not married. I know, I know...ya'll are tired of hearing my whining. There are more important things than "teh gays" (sic), as they say.

Who knows? If I weren't gay, would it matter to me? I thought about that long and hard.

Part of me says yes, but part of me says I'd be indifferent (just being honest with myself). I'd be indifferent because it wouldn't affect me. I know I have biases that I need to work on.

Realizing that fact, I took a hard, long look at myself. And, it wasn't pretty. I used to have a bias about bisexuals and transgenders. That's pretty hypocritical, huh?

My attitude has changed and I have evolved.

But I do understand those who haven't. Until it affects you personally, you never will understand.

(this was not meant to be a gay manifesto, I guess I just miss my wife)

anyone pick up on the Jermine Taylor arrest in South Beach? Kinda swept under the rug...can we get some updates on what's the latest on JT's arrest..seeing he is the "pride of Arkanssas" and all

. Police spokesman Juan Sanchez said of the 548 arrests on Miami Beach during Memorial Day weekend, two were pro athletes: [Dophins' Randy] Starks and boxer Jermain Taylor, arrested for disorderly conduct and resisting arrest without violence.

clik eLwood for "Ark. Bidness" story of May 27.

Müvbox restaurant, a standard shipping container that transforms in 90 seconds into a fully functioning restaurant complete with terrace, awning, and solar panels.

Agency News
Müvbox, a container turned restaurant by Sid Lee
June 08, 2009 | By Nicolas Ritoux

Minute and a half video--catchy ad for the Müvbox.

Sister, you need an attorney. There was a case a few years back where 2 gay men lived together on the family farm of man #1 for many years. Man #1 had left the farm to man #2 in his will.

sounds simple. But then the owner of farm, Man #1, died, and his family wanted that farm (It was high-dollar real estate) for themselves, and they didn't have much love in their hearts for the owner's partner or, apparently, much concern for what the deceased had spelled out so clearly that he wanted, so they immediately hired a lawyer to try to fight the will -- they were actually going to base their case, i believe, on the fact that these men were never legally married (duh). But they didn't have to do much at all.

It turned out that the will was not properly witnessed when he signed it. Therefore his fundie family was able to have it all tossed out. It was a really simple mistake that any first-year lawyer could have fixed for him.

no matter how much proof he had left (and it was a lot, believe me) that he wanted his - I dont know, WBH? his partner, you know what I mean -- to keep the farm, after they had lived together as a couple for many, many years and worked the farm together, none of that mattered in legalese because he had made some little change to his will, and when he did, it wasnt properly witnessed/signed, etc. So his family got everything and they graciously gave his life's partner..................... Yes! you guessed it! Nothing.

not all lawyers are evil sharks sniffing for blood, I mean money. there are times, like this one, when one tiny little technicality can bite you in the arse, and it could've been so easily prevented.

Sister -

Keep your gay manifestos coming. Real life stories about the effects of institutionalized religious bigotry on real Americans are vitally important.

The case Tina cites was in Oklahoma. In fact, it was more than "a simple mistake." The two men simply could not afford the thousands of dollars in legal fees, filings and paperwork it would have taken to secure their property -- which would have been secured automatically were they able to legally marry.

What I really want for Father's Day.

Click