Latest / Ask the Lawyer / 07/27/2023 Ask the Lawyer with Harvey Peyton

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07/27/2023 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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Put the power of Beason on your side, the power of basing. It's
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a twenty one on five a w CHS the Voice of Charleston. It's Thursday
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morning and it feels like summer out there this morning. Heat and humidity on
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the way today and had grown from Harvey Peyton of the Peyton Law Firm in
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Nitro. Harvey's with us this morning. It's a Thursday morning edition, a
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tradition thirty Thursday Morning Tradition on five ad WCHS. Harvey Peyton of the Peyton
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Law Firm, in Nitro, and that means the lines are open. Any
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questions about the law three oh four three four, five fifty eight fifty eight
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three oh four three four or five fifty eight fifty eight Harvey, good morning
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too, Well, Good morning, Jeff. I'm here because Tom, who's
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been the faithfully manning the microphone the last several Thursdays, is he and his
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wife took so much deserved time out of town and he is not available to
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buy phone today. He notified me because he had an early tea time instructed
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the old man to come and assume the microphone duty s which is five We've
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got. There are a lot of legal things to talk about. We had
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hobbies commentary this morning, and a show yesterday and a couple of shows this
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week about the Attorney General's race, a really important race for the people West
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Virganuine. We had, I guess Dave Hardy made an announcement about the personal
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property tax and how that should be handled in order to get the exemption or
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the tax credit. Talk a little bit about that. We've got probably a
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decision to either either a decision this morning or arguments in the Fourth Circuit on
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the MVP today on the pipeline on the latest Yeah, the latest appeal.
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Yeah, I followed that through yesterday. I looked at the but Roberts didn't
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do anything. He hasn't done anything. Nope. Right, So I go
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on with the hearing this morning, I guess ten o'clock. Yeah. The
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issue, which I think is a legitimate issue to be raised by the opponents
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of the pipeline, there is a concept of separation of powers. And you
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know, you have the administrative state, which is the Federal Energy Regulatory Commission,
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and the other administrative agencies of the executive branch that have permitting control over
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this pipeline. You've got the your Wildlife, You've got the National Forest Service,
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You've got the Department in Tier here, You've got an EPA, You've
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got Federal Energy Regulatory Commission. It's pretty well layered up. Now that might
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change. I know there's a move afoot. Senator Mansion's one of the sponsors
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of a bill that would consolidate a lot of that permitting into one agency under
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one roof which we I think we desperately need. I'm not saying we need
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to relax regulations, but you desperately need to improve the grid. Um.
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Yeah, well, early call. We like that adline. You're on the
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line with Harvey Payton. Go ahead, good morning, good morning, minute,
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hold a hold to hold it. I'll hear you for some reason,
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go ahead. Okay, how about now I hear you, thank you.
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Go ahead. Um. I have a question about out a car title.
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My mother and father's car title was or husband or wife. Okay, my
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mother is now deceased. Sorry, thank you. My dad would like to
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change the title to husband and a husband or daughter, which is me.
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My question is, if either party is driving the vehicle and they are found
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fault at a vehicle crash, is the other party's property legally subject to a
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lawsuit? No, No, I mean liability depends upon conduct, not unnecessarily
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on ownership. You know, there's a doctrine called the family purpose doctrine which
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extends insurance coverage to family members so that they'll be liability carverage. It's available.
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But if if my son drives my car, he's an adult, I'm
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an adult. He commence some defalcation and cause an accident under someone, I'm
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not responsible legally for those injuries, merely because I own the vehicle. Under
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most circumstances, Now, if he comes to the house drunk, which he
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wouldn't, but I mean as an example, and I let him use my
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car, then a certainly I could have liability for my own negligence and turning
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my vehicle over to somebody who's not fit to drive legally. But I know
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the matter of factive ownership or joint ownership is not going to subject your property
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to liability. Okay, so well we would change it to husband or daughter.
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Well, just put your dad's name in your name on the title.
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I'll take it to the Department of Motor Vehicles that'll reissue a title. And
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I think there's a charge for that. That's not a bad thing to do
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because it takes that automobile out of the probate process. If something happens to
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your dad before you, then you just own the car. You can take
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the title copy is a death certificate, You can sign it, you can
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sell it. You don't have to go through probate as the executor and have
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you know, another tile issued. If you want to take it down to
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Larry Dawson and sell a car, you can do it right. Then you
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don't have to wait for any estate process to be well, that was the
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intent but I just didn't want to set myself up for anything just in case.
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Well, you know, if your names put on the title, if
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I were you, i'd call your liability insurance agent and tell them that it's
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on there. They may add that vehicle as an additional vehicle, so it
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would be covered if if you're driving it. Right, well, I'm already
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on his insurance as a sub I don't know what the right word is that
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supplemental driver. Right, Well, that's good, then you're all right.
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What you want to really watch is if you own a car in a family
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and it's not insured under the family's policy, and it may not be covered
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at all, it's called an own but not insured. I mean, you're
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a as a premiss driver, you're covered under the liability coverage of the owner
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of the vehicle, unless you're all in one household. I mean, what
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the point is. You can't just buy one liability policy on one car and
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then everybody drive four or five cars that run in the household and have coverage.
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The owned but not ensured vehicles under the one policy are not covered.
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So if you're already listed on the policy, you're fine. You're fine.
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Well, this has been very helpful. Thank you so much, Thank you
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very much for calling. All right, three or four or three good question
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three or four three four five fifty and fifty eight three or four, three
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four five fifty eight fifty for Harvey. That often comes up, and not
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just in an automobile. Owning a piece of property, Well, I own
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this piece of property or loving to my name. I actually had to come
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up this week because a woman who lost her husband to illness but young found
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out that he owned an interest in airship property down to Lincoln County and petrify
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that this is a mere ownership of a fractural interest of that land in Lincoln
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County subject me to liability. Well, first of all, no, it's
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vacant property for one thing, so be covered under your homeowner's policy. And
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the mere fact of ownership, I mean, what's what's what gives rise to
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the liability as conduct or lack of If you do something that an ordinary reasonable
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person would not do and cause injury to another person, or you don't do
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something that an ordinary reasonable person would do, like put a sign up around
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an open well, right, then you could have some responsibility, but just
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the mere ownership. If someone falls for some unknown reason it's slip and fall
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at that's their fault. It's not yours, I mean. And that's another
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another thing that we run into in the practice of law. The fact that
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you hurt yourself on someone else's property doesn't make that person response well for anything.
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If you just drip on your shoe lace and fall down a set of
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steps and break your arm, well, just because it's on my staircase doesn't
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mean I'm responsible for anything. Now, reasonably speaking, if you have homeowner's
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coverage, or if you have like on our office, we have a commercial
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general liability policy, but we include what's called premises medical pay med pay medical
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payments coverage. So if somebody does have to fall for whatever reason or gets
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light headed and faints and hits their head on a counter and they have to
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go to the hospital and a bill up to our limit of medical payments coverage
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when it thinks about twenty five thousand dollars, we'll pay the bills. New
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fault required. You have that on most automobile policies. You know, everybody
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in the car is covered by anywhere from a thousand to five thousand to ten
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thousand dollars and no fault medical payments coverage that is primary on that vehicle.
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But if you don't carry it and you're not at fault for the injury,
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you don't know the person anything. It's a fault based system and you take
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responsibility if your own conduct or misconducts. That's the way it works, and
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it works pretty well, right, I mean, we had I guess there's
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another hubbub now about a pretty good sized verdict in Florida. Wasn't a oh
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a chicken McNugget burned somebody? Yes, yes, yes, a child?
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Three hundred thousand dollars maybe or something like that was a lot of money.
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But then I get his Florida. You know, we have no concept here,
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and people who thought they talked about big verdicts and runaway verdicts in West
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Virginia. You know, the biggest verdict I ever got from a jury seven
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bigon bucks. That's a lot of money Tom got. Wasn't even bigger up
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in mon County for them. But you know, they're just egregious, horrible
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cases. Mine was a you know, a young and who was electrocuted at
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a powerhouse because a foreman wouldn't give him a set of blueprints to see which
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line was energized Tom had. You know the case Tom tried in Morgantown.
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Guy who was just drunk out of his mind, read up on the sidewalk
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and hid a wonderful young woman, killed her. But you know, by
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Florida's standards, those would be, oh well, those are every day.
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You look at some of these verdicts in Texas. People have a different perspective.
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You know. One of the perspectives is that they're used to seeing a
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lot of money, and a lot of money which would be a world of
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money to us may not be a lot of money to somebody in Florida.
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It's you know, I don't know anything about the facts in that case.
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It brings up, you know, the old saw about the hot coffee case
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in Arizona, which was really a terrible case, and McDonald's knew better,
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and the franchise he knew better. They had served this coffee at one hundred
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and eighty plus degrees, despite the fact they had had any number of complaints
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and burns and problems. This lady was in her eighties and the cup tipped
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over in her crotch and just severely burned. You know, you're talking about
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second degree burns, a spot of third degree burn on your privates in an
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eighty seven you're a woman. Because the reason the coffee was kept at the
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one hundred and eighty degrees plus, they could keep it longer in the pot,
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saved money. You didn't have to dump it every so often and put
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in a new coffee. It'll lower temperature. Yeah, jury, here's that
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kind of testimony, and you're just you're cruising for a bruising if you're the
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defendant in a case like that. But guys, what do we feel we
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were talking about before we get off? We were talking about I think we
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were talking about the pipeline at a miss McConnell moment there. Yeah, Yeah,
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that's really is And I'm not a lot of people are really really down
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on Mitch McConnell, but Miss McConnell to me, I mean, he's stubborn,
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obviously, but he's pretty much of a classic old line Louisville country Club
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Republican. Right. He's married to a really, really rich woman, been
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married to her for years. She was Secretary of Transportation. Yeah, and
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you know he desperately tried to steal the Corps of Engineer's office from Huntington and
13:20
get it down to Louisville. When Bob Bird passed away, he was immediately
13:24
hot on the trail. It's one of the things Bird did before he died
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was he got, you know, money for improving the core headquarters at Huntington
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to keep because McConnell had his eye on it. You know, it's a
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big, big bucks for the district. Do you think about the number of
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really well paid federal jobs ago with that now we got. He values his
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relationship with Shelley Capita, So I think we're pretty secure in that regard.
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I'm not how he feels about her mansion. Was going to have a congress
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on investigation about membership of the Big Twelve because McConnell wanted Louisville to be in
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the Big twelve extent of US. I don't think they got off to a
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good start. I suspect they get along well now now like Colorado's coming in,
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maybe as earliest today, maybe as earliest today. We'll see how that
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works. I mean, back in, back into the Big Twelve, back
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in and it would help. But they won't do it because the Southeast Conference
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is sound and solid financially. But Missouri belongs by Missouri, do any more
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belong in the Southeast Conference in Southern County, Ucla belong to Big ten To
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me, I mean Missouri is a part of that old solid Midwestern mar What
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was the Big eight? Yeah? Oh yeah, yeah. Let's go to
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Tommy. Tommy's on the line with Harvey Peyton. Tommy, go ahead,
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thanks, all right, where are you? Quite well? I'm going to
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ask if we could get a little a clarification, so to speak, explanation
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of the Hunter Biden thing. Sure, as well as I can. I
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don't know what the fact underlying facts are, Thanks Tommy, sort of all.
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I mean, there's an issue you and the real To me, there's
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an issue about whether Hunter Biden paid all of his income tax for two years
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when he was making some money I guess as a quote consultant for some offshore
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one of them I think was in Ukraine. Maybe one of them is associated
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with Hong Kong or the Chinese, and he underpaid his taxes. He filed
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apparently file a retterm, but didn't pay all that was owed. They caught
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him and worked out a deal for him to plead guilty of the two misdemeanors.
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Failure to pay, which is not nearly as serious as failure to file.
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I mean that's the thing faior to file and evasion or filing false information
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in a return much more serious charges. They are generally always prosecuted as a
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foilony than failure to pay, because there can be any reason for faiers to
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pay and maybe you misclassified some income whatever. So it was plea to plead
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the two counts are fair to pay taxes, and I think two sixteen and
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twenty seventeen with a recommendation, you can't guarantee this a recommendation from the US
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Attorney's office that he not serve any jail time. It would be probated.
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Now that's always subject to the discretion of the presiding judge. The judge,
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and everybody's told at a plea hearing, you know I am not bound by
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this, and really good judges will say, would you still want to enter
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this plea if I told you right now I'm going to send you to prison?
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But their answers nos, Well, then the police no good. What
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happened in this case, I don't I think it seemed to me that the
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misdemeanor police to fair to pay or just running the mill. They didn't seem
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like they turned up a whole lot of other things and the investigation, but
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they did find some tax issues, and so here you go. There's also
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a gun charge, unlawful possession of a firearm. Well, here's what happened.
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And there's a really good example that a lot of those hunter Biden wrote
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a book apparently I think I don't know and talked about his addiction to cocaine
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and other substances. Well, so it goes to buy a pistol, just
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like you fill in a form and you get a driver's license, Are you
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where every have you been addicted to or abused controlled substances? And he put
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no, right, Well, the ATF looks at that and says, well,
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you know that's not a true answer, and therefore you obtained this gun
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without disclosing your addiction. Well that's what they did here to Dante, to
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Trappano twenty years ago. I remember Dante. This was a political prosecution should
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they want to find something on him. And so he was in a are
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actually gonna treatment center trying to get well, which he has done it and
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has gone quite a distinguished career. And the FEDS and they're un an them
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away. He said, oh, look here, you bought a gun and
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said you weren't an addict, but you really aren't. Adding, well,
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all right, let's just take that to the next step. Let's take everybody
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that's been treated for alcoholism and now has a gun. What do you think
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the NRA would say if you started going back to everybody who had been in
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an alcohol treatment center who later bought a gun and started charging them with a
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felony front law possession of a gun because they were drunk at one time.
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I mean, it's it's a highly selected prosecution. It is. It's a
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violation, but it was going to be handled by what's called an admission.
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He's just gonna say I did this, and they gonna proffer this is what
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I did. But he wasn't going to plead to any criminal charge. There
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was going to be a diversion agreement. Okay, well, that's something the
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US attorney can do. But as I understand what happened yesterday, the judge
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questioned the fact that the diversion agreement had been merged in with the plea and
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said, well, you know, I'm not sure I can do that.
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You know, you're gonna have to convince me, mister US attorney, mister
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defense lawyer, that I can merge these two and then impost some funnyesment the
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future if he valance the terms of the diversion agreement based upon his pleading these
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unrelated charges. It's a technical thing, but you know, plea agreements are
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rejected not often. But you know Joe Bob Goodman over here or Judge senior
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status now District Judge Goodwin, I've seen him rejects some of these drug cases
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and says, this is just not enough time. What you're letting this guy
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plead to and reducing the amount of substance is There's not enough time for this
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offense. And I'm not going to take it. And I think, if
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I'm not mistaken, we had one down here in Kanau County a couple of
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years ago. It may have been a murder case where they there were some
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problems improved. I want to plead it down to like a voluntary manslaughter,
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and well the judges that said will know, you know, if maybe a
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weak case, but if you prove what you say, can prove what you
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charge this person with its murder, that's pretty much all it is I.
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So he told him to go back talk about it. Come back, Yeah,
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I come back, and let's see if you can straighten it or change
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the agreement. Nothing that's going to happen to Hunter Biden short of crucifixion,
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is going to satisfy Marjorie Taylor Green and Kevin McCarthy. You know the fact
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that the President of the United States loves his son, whether he's an addict
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or not. I mean, that's to me. I've seen people do irrational
20:40
and in my opinion, unwise things to help children who are in the grips
20:45
of addiction. So if you want to make a big deal out of that,
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you can certainly do it. The real story here, I think,
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is that one Hunter Biden did by Obviously he was using his influence. Now,
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whether his dad was in it or not, I don't think so.
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I don't know. There's no evidence of that. But he's bouncing around saying,
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hey, you know, my dad's vice presidented States. Give me a
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couple of million bucks to be on the sub board of directors, maybe I
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can help you. Well, that's not a crime. Think about that.
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It could be a crime if Hunter Biden had been a Chinese national the son
21:21
of an important member of the Chinese ruling Communist Party, and had been doing
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that conduct in the United States, he would have been guilty of a felony.
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They prosecuted people for that all the time. When foreign nationals come to
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this country to use influence from political connections overseas to try and make money,
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essentially a stort, extort money, it's a folly. Congress has never chosen
21:45
to make that type of conduct engaged in by American nationals overseas a crime.
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That is, he shouldn't, you know why, because they've walcott They see
21:56
the you know, the pot goal at the end of the rainbow. Sonny
22:00
or Sissy or Buzzy or Brobby or whoever can go over there and knock off
22:04
a couple million bucks from some company in Belgium that wants to do business with
22:10
a defensive party, Well, let's just less money daddy has to put up
22:12
take care of the rest of their life. I mean, that's that's just
22:15
the way it is. Now. That should be a crime. What he
22:18
did should have been a crime, but it's not so. Until it is,
22:26
it'll continue to go on three or four, three four, five,
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fifty eight fifty going to take or one and only break with Harvey Peyton and
22:30
the Peyton Law Firm. Lines are open for you to call three or four,
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three four or five fifty eight fifty back in a moment with Harvey on
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Put the power of Beason on your side. The power of basing eight forty
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five on five eight wchs the voice of Charleston. Harvey Payton with a paytent
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law firm in Nitro. Give us a call. Three oh four three four
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five fifty eight fifty eight. Three oh four three four five fifty eight fifty
24:57
eight. I thought about funny how things popping your mindy see Johnny lue Jack,
25:03
the great quarterback from Later Dame, died at age ninety eight. Where
25:06
Johnny Lee Jack was from Connellsville, Pennsylvania. Oh yeah. And the reason
25:08
I know that is because I think the guy who was probably one of the
25:12
best football players to ever set foot on Mountaineer field, Bubby Jim Bo Brax.
25:18
Ye, Jim Braxton was the first big thirty three guy the Mountaineers ever
25:22
signed out of Connellsville. People forget how good Jim Braxon was, and he
25:26
was drafted top of the third round by the Detroit Tigers as a baseball player
25:32
in high school at a time when you could really make some money playing baseball,
25:36
you know, compared to pro football, which wasn't much. But I
25:38
think the best year Braxon never had playing for the Bills is four or five
25:41
hundred thousand dollars blocking for Ojson. Right right, We've got a question.
25:47
He's not going to come into air, Harvey, but he asked for your
25:51
definition of a controlled substance. Well, it's a substance that's controlled by statue,
25:56
and there are schedules that are promulgated and formulated from time to time.
26:04
The DA has a hand in it. The CDC has a hand in it.
26:08
Things that can be considered they can only be used with a prescription,
26:15
and there the access to them is controlled. Even further than that IDs,
26:21
I mean vers said as a controlled substance, futan as a controlled substance,
26:25
now cannabis or marijuana, there's still like a scheduled controlled substance at federal law.
26:32
Many states are disregarded that and say it's just it's available without any controls.
26:37
But I would rely on the schedules of controlled substances that are published by
26:41
the state and federal government to make that definition. Yeah, and then when
26:45
you get when you get beyond what the control substance calls for you to be,
26:51
I mean, when you get beyond those controls, and that's when the
26:52
crime oh yeah place yeah, oh sure, yeah. You know, if
26:56
you're using them for an illicit purpose, or you can use them for an
27:00
unprescribed purpose or not prescribed for you, or it's a substance you obtained on
27:04
the black market, if it's fentonel that's formulated in Mexico from products made in
27:10
China and brought into the United States through a trucking terminal at a point of
27:15
entry. Then that's a controlled substance. It's not being controlled property, and
27:18
your guilty of a felony if you use it or possess it. We're selling.
27:23
Whether that works or not, we don't know. You know, it's
27:27
There's a lot of debate about the effectiveness of the war on drugs and putting
27:32
people in jail, but I know this that if they're in jail, they're
27:37
not going to be using and sometimes it's the very very best thing you can
27:41
do. I've had any I'm a I'm not a hanging high sort of person,
27:47
but I can tell you I've represented a lot of people who had troubles
27:51
and a lot of most of it rooted in drugs or alcohol, and who
27:55
finally ran out their string and ended up getting sentenced to a couple of years
28:00
in prison, and said, if that happened to be ten years ago,
28:03
I've never been here, but I'll never do that again, and straightened them
28:06
up. Brenda is on the line with Harvey peon Brenda. Go ahead.
28:08
Thanks Brenda for calling. Go ahead. Hello, Brenda, Hi, I
28:12
just have a question on property owned by the bank that have in foreclosure and
28:21
it is encroached on our property and we can't get any We can't get in
28:29
touch with the bank because nobody seems to know who did call, and they're
28:34
trying to sell the house and it's fallen in so I don't know. I
28:40
mean, we did have a assessment done or whatever it's called, caught on
28:47
the property line. We paid to have that done ourselves. This path.
28:52
Well, say, when you say that the bank's property is encroaching on yours,
28:55
are you saying that they're the bank claiming to own part of the property
29:00
you actually own. Yeah, part of the garage is on our property,
29:07
well, and the well is on our property. The water will that's a
29:11
complicated issue. Factually, it depends on when the garage was put there,
29:18
how long it's been there, how long the well has been in use,
29:22
what the title history of the well is, as far as the record title
29:29
of the property. Oftentimes, before public utilities became widely available, there would
29:33
be provisions and deeds that along with this piece of property, you retain the
29:38
right to use the well that's located here or there. If it's in garage
29:47
that's encroaching on your property and it's been there in access to ten years,
29:52
you can have all the surveys you want, but you're not going to be
29:56
able to make a move it because obviously putting a bill holding on your land
30:00
clearly as an indication to you that they claimed the right to use it and
30:04
claimed legal title, and if you didn't take some action to stop the building
30:08
or remove it within ten years at the structure, you're going to be barred
30:11
at law from doing that. Well, we told him at the time it
30:18
was built. We told him that we were pretty sure that it's on our
30:22
property, but because it was a family member, they went ahead and did
30:26
it anyway. And now the family has let the trailer go back, and
30:32
now we're stuck with encroachment on the property. And you may be stuck with
30:37
it. It's been a sufficient period of time. Unless there's some issue about
30:41
permissive use, which may make a difference. There's nothing in those deeds that
30:48
has anything about the well. We don't have public water up our way.
30:53
So what's the backbot for the property? What's the point, I'm sorry,
31:00
what does the bank want for the property? Well, it's gone well,
31:04
I mean it's the only the best part of the building is the garage.
31:10
The trailer has fallen down. They want. They went from twenty nine down
31:15
to nineteen. We made an offer on it that they don't want our offer
31:19
or so well, yeah, then I would encourage you to keep me guicheating
31:22
whether they'll get more desperate. They may take bottom dollar, because look,
31:26
if you can get that piece of property for less than ten or fifteen thousand
31:30
dollars, you spend that much in surveyor's fees and lawyer's fees to try and
31:33
straighten this thing out, and you get and if you buy it, you
31:37
get a guarantee. Now you're talking to somebody at the bank about this money,
31:42
because you say they've already negotiated with you and rejected your offer. I
31:45
would go back at them. This was through the all the real estate person
31:55
that name it and the name that we were given that was trying to sell
31:59
it them. Yeah, I'd go right to the bank, whoever's got the
32:06
loan on it. I mean, bring this thing to ahead, because the
32:10
best thing the bank and do is going to cut their losses and leave.
32:14
Nobody's gonna bite for any kind of money at foreclosure because it encroaches on your
32:17
land. And even though you know they may have a defense of prescriptive right,
32:23
who's going to go to court to establish that they would end up with
32:27
something they can't sell because if you do a plot, it's going to share
32:30
the encroachment. So they're just about it. They're as bad off as you
32:32
are on this deal. And if they know if they can get if they
32:37
want nineteen, they ought to take us something way less than that and unload
32:42
the thing. Period. Okay, dad's sick. Sick? Is it in
32:46
Kanawa County? Yeah? Well, you know the county health Department, I
32:52
know the Planning Commission has some say so about these collapsed mobile homes. They
32:57
might want to make a complaint. You know, they've got to collapse mobile
33:00
home next to your house as certain value of your property and it's a piece
33:02
of junk. What happens if they get an order from the county to tear
33:06
it down and move it, then they're really in a hurting world. It's
33:08
not fair for them just to sit there on a piece of junk, refuse
33:12
to sell it to you for a reasonable price, and damage your property.
33:16
So they Planning Commission to ask if they had some program here I know,
33:22
not too long ago about these abandoned and dilapidated mobile homes put the pressure on.
33:29
Okay, okay, thank you, Brenda. Good, good, call
33:32
down now, Brenda's out the right ideas. See, they recognize it's people
33:39
say, well, it's not about the money. So well, it's always
33:42
about the money. You know. You can't eat principles. You can't take
33:45
a principle to the bank, you can't endorse it on the bike. So
33:47
they had the right idea that already trying to the answer is how to get
33:51
rid of this piece of junk. Bye, tear it down and you got
33:53
the garage and otherwise spend a bunch of money on lawyers and if you if
34:00
you win, well you still got to give them some money. Plus you're
34:04
out, so you may be well off just to even if you have to
34:06
pay a little more than you think you ought to get the things settled.
34:09
Period. Good smart person right there. Yeah, it sounds like they just
34:13
need to get maybe to the right person, right, that's exactly right.
34:15
Yeah, yeah, who people who earn a commission often reject things, but
34:22
maybe they shouldn't reject because their commission comes off the top of that money.
34:27
Right. Yeah, we've got to It's almost endemic now in the papers.
34:31
You see the Joe R. Pile ads that that thing has exploded. Everybody
34:37
has auctions now, you know, it's it's doing a lot of going that
34:42
route instead of really traditional Well, I see a lot of it. Where
34:45
I see a lot of it is someone owns a house here in West Virginia,
34:51
their children are in Tennessee, Florida or California. You know, the
34:57
last survivor passes away, nobody here that wants the house. You know,
35:04
people say, look, I can't take them two or three weeks off to
35:07
come back to West Virginian for with a realtor and get the place ready for
35:09
sale. And so they just pick up the phone and call it one of
35:14
the auction services and they sell them. Now, you know, at that
35:16
point the people who are on the receiving end say, look, I didn't
35:22
have anything, and let's start with it. A matter of pure grace to
35:23
be that they died owning a house. So whenever I gets fired with me,
35:28
sell it. It's good. I mean, it keeps the commerce going.
35:31
And what's otherwise, you know, less attractive housing stock that might sit
35:37
on the market and not sell. Although right now we've got a critical shortage
35:42
housing. You know, it's in today's Valley. I was talking to Pat
35:45
Murphy, one of my neighbors. Don Their Pats are realtor used to have
35:49
Midway Forward. Now he's in the real estate business. You know that this
35:54
interest rates are a two edged sword. You know, first time home buyer
36:00
who's looking an out paying a seven and a quarter or seven and a half,
36:01
seven and three quarter interest rate as opposed to what it was three years
36:07
ago at two point eight or three, well, that payment's significantly higher.
36:12
At the same time, someone who's in a house, a modest house they
36:17
financed to refinanced five years ago to about three percent, maybe they'd like to
36:22
move. So you know, I can't transfer this loan. Why do I
36:28
want to go pay off a two percent loan by selling my house and then
36:31
go borrow the marginal difference skin in another place at seven point seven to five.
36:37
So I discouraged us buyers as well as sellers. It's really put us
36:40
in a crimp. It's hard to find a house in Tay's Valley. I
36:44
think probably over in Saint Alban's as well. And I can tell you like
36:47
a nitro. I saw a house go on to market on West eleven Street
36:53
and fourteenth Street, half fourteenth Street, which is right thirteenth, right across
36:58
from the high school, and nice little house. This is a nice neighborhood.
37:01
Level man. I was thinking, well, my granddaughter Tom's girls,
37:06
she looking for a house. At the time, I could drive from I
37:12
thought a knew where of the house was. But I drew from my office
37:15
to where the house was, back to my office and made a phone call
37:19
and it was gone, Wow, yeah, I mean, they just they
37:22
don't last long than the half life of That's the same way in Days Valley
37:27
and any of the established more moderately placed suburb of the Days villages or the
37:31
Shawnee Estates or woodland forests. Maybe a little different in higher end wass Creek
37:42
or Milk Creek crossing where houses are six hundred hundred thousand dollars, but not
37:47
much. I mean there's still just either not being sold or if they go
37:52
on the market, they're snapped up within a day or two. All right,
37:54
we got one minute here about every Payton Law Firm twenty eight O one
38:00
First Avenue and Nitro in beautiful Puttnham County, West Virginia. You can contact
38:05
either me or Tom by sending us an email at Peytonlawfirm dot com. That's
38:09
our website. You can see all about us. You can send us an
38:13
email that will answer promptly. You can call pull like us to practice law
38:17
at sea level. Where people need help at an accident or injury, or
38:22
suffered a loss physically or financially, we can help you. And I can't
38:28
tell you who to hire. I just ask that you give us a look,
38:30
consider us right right, and great calls today. We did have good
38:35
calls today. I like to us because I'm here in Tom's lawn. You
38:37
could say, hey, tell me at five calls went off the air and
38:40
four on the air. Okay, all right, okay, all right,
38:44
Harvey, thanks a lot, all right, and ABC News is coming up
38:46
next. Remember Peyton Law Firm dot com or three or four seven, five,
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five fifty five fifty six, three oh four seven five five fifty five
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fifty six ABC News Local News. And then Dave Allen with fivety Live Hoppy
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at ten o six this morning. This is five ad w c h as
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