Latest / WCHS Network Podcasts / 02/26/2026 Ask the Lawyer with Tom Peyton

Transcript

02/26/2026 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

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  Speaker 1: The views and opinions expressed on this program do not
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  Speaker 1: necessarily reflect the views and opinions of five AD wchs
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  Speaker 1: it's employees or WVRC media.
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  Speaker 2: Of course, oh creating equal.
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  Speaker 3: When last come here in a cake, ray can't up
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  Speaker 3: top on.
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  Speaker 4: Hey, good morning to you. It is twenty one minutes
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  Speaker 4: past eight o'clock. And you can put the power of
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  Speaker 4: Peyton on your side this morning. You don't have to
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  Speaker 4: fight the law. Put it on your side, the power
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  Speaker 4: of Peyton. That three zero four three four five fifty
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  Speaker 4: fifty eight three four five fifty eight fifty eight. Tom
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  Speaker 4: Peyton in studio with us this morning, Tom, God morning.
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  Speaker 4: Howre you doing this morning?
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  Speaker 2: I'm doing great deal. How are you?
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  Speaker 3: I am doing very well. Starting to feel a little better.
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  Speaker 1: Fine.
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  Speaker 3: I feel like I've been sick the entire twenty twenty
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  Speaker 3: six so far.
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  Speaker 2: I want I detect a little uh stuffiness.
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  Speaker 3: This is number two.
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  Speaker 4: This is my second sickness and in two months. And
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  Speaker 4: the way that it goes, of course, with a young
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  Speaker 4: one in the house is everybody gets sick. And then
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  Speaker 4: so just as my daughter got over the sickness that
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  Speaker 4: I brought in the first time, I got sick again,
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  Speaker 4: and now she's sick again, and we're gonna start in
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  Speaker 4: the whole cycle.
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  Speaker 3: Anyway, I've been through that circle of.
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  Speaker 2: Cold indemnity. It just is a recurring cycle six feet
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  Speaker 2: for me.
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  Speaker 3: Yeah, I should be past stuck in Teja now.
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  Speaker 2: Well a little bit better, you know, once the it
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  Speaker 2: seems that once the weather starts to improve, which knock
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  Speaker 2: on wood, it seems to be turning the corner a
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  Speaker 2: little bit. Here, be really nice tomorrow and I think Saturday,
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  Speaker 2: then a little cold spell. But uh, that's a good
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  Speaker 2: thing about living in West Virginia. As you get that
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  Speaker 2: a little closer and closer, you get into March and
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  Speaker 2: you start to thinking, maybe this will be the last
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  Speaker 2: freeze we get and you know, a halftime we get
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  Speaker 2: a little snow into March or being in April. But
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  Speaker 2: you can see the light at the end of the
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  Speaker 2: tunnel of winter right now, staying late longer and time
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  Speaker 2: to get outside and do some activities. So staying really
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  Speaker 2: busy at the Peyton Law Farm. If you have a
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  Speaker 2: question today, you know, now's a good opportunity. I'll really
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  Speaker 2: enjoyed doing the radio and it gives me, you know,
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  Speaker 2: thirty five forty minutes to talk and of course answer
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  Speaker 2: any questions, which I like to do. Of course, we
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  Speaker 2: are really busy, so you know, if you call the office,
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  Speaker 2: we'll try and get you called back the same day,
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  Speaker 2: or if you send an email. We always respond to emails,
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  Speaker 2: normally the same day, sometimes the day after. I am
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  Speaker 2: in depositions all week this week, actually going down the
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  Speaker 2: street to local firm Human Slicer McCaskey for some depositions
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  Speaker 2: all day today on a fortunate case where a guy
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  Speaker 2: was shocked. I want a job site hurt really bad,
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  Speaker 2: but it's got I'm in it. Mostly because there's some
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  Speaker 2: complex insurance coverage issues. So we're we're doing devots all
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  Speaker 2: day long, yesterday, today, and the next day. So I'll
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  Speaker 2: be a little bit out of the loop as far
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  Speaker 2: as returning phone calls, but try and get them returned
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  Speaker 2: on the weekend or Monday. But now it's a good
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  Speaker 2: time to call our text if you have a general
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  Speaker 2: question your inquiry. That is a good kind of a
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  Speaker 2: good example of what we do. And just to kind
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  Speaker 2: of reiterate, I know folks that listen regularly probably already know,
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  Speaker 2: but we do know. Our primary work as civil litigation
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  Speaker 2: mostly on behalf of consumers and regular people do some
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  Speaker 2: small business work. Actually, insurance issue I've got going this
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  Speaker 2: week involves me representing a small, local, local business, but
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  Speaker 2: lots of automobile accidents, lots of insurance disputes, things like that.
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  Speaker 2: But we also know being in the suburbs and growing
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  Speaker 2: up here, knowing a lot of people, just having a
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  Speaker 2: desire to kind of help people. We do what you
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  Speaker 2: kind of think of as folks everyday needs as well.
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  Speaker 2: So we do a lot of deeds and wills, basic
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  Speaker 2: of state planning. Real estate. Don't do closings where they're
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  Speaker 2: funded by lenders. Just haven't done that for twenty years.
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  Speaker 2: Actually got to dis taste for it when right before
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  Speaker 2: the subprime lending thing went under, because you could feel
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  Speaker 2: it as the lawyer, because you get in all these
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  Speaker 2: mortgage brokers, which are folks that you did some of
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  Speaker 2: that business in the area, right, People get mixed up,
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  Speaker 2: whether the realtors or not. But a lot of times
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  Speaker 2: you have a mortgage broker in your real estate transaction.
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  Speaker 2: That's someone who kind of as a middleman for your
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  Speaker 2: mortgage and goes out and deals with differents where most
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  Speaker 2: of the predators were too well, and that's that's that
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  Speaker 2: was part of the problem for sure, and then the
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  Speaker 2: lenders just it. It kind of feeds itself because the
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  Speaker 2: lenders are wanting to loan money back then, and and
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  Speaker 2: what happened was oftentimes they were not underwriting the loans properly,
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  Speaker 2: meaning they weren't really assessing the risks. So you got
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  Speaker 2: a lot of loans extended out there to folks that
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  Speaker 2: want either couldn't afford them or two. Of course, the
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  Speaker 2: kladdle for the loan is your property, normally your home.
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  Speaker 3: Uh.
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  Speaker 2: The homes were being way over valued, uh, in order
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  Speaker 2: that the lender could loan you more money on it.
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  Speaker 2: And then if there's a problem with payment or something,
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  Speaker 2: it's difficult for the borrower to sell their property because
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  Speaker 2: it's upside down, which is a term of art meaning
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  Speaker 2: your your loan balance exceeds the value of your property.
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  Speaker 2: But you're right, the mortgage brokers fed it a bit
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  Speaker 2: because they of course they get a commission. I mean,
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  Speaker 2: their payment is via commission.
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  Speaker 4: And we worked with I mean there was I this
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  Speaker 4: isn't the topic of the thing, but the the lenders
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  Speaker 4: and the mortgage brokers and the appraisers that were all
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  Speaker 4: taking part of sort of this this illusion of value.
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  Speaker 4: Everybody knew what was going on. You would go and shop,
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  Speaker 4: not us. My boss was actually very ethical in this matter.
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  Speaker 4: He had a bunch of guardrails in place that kept
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  Speaker 4: us from doing some of these things. But you would,
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  Speaker 4: you would take you'd go shopping for an appraiser, so
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  Speaker 4: you would find an appraiser that would be a little
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  Speaker 4: bit more lenient to appraising properties. And you would shop
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  Speaker 4: for if you needed an inspect and then if this
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  Speaker 4: lender didn't do it, well, you know, this lender over
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  Speaker 4: here would take sea paper and not a just be paper,
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  Speaker 4: and then they would You would you found ways to
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  Speaker 4: do this and and you would tell people, well, you
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  Speaker 4: have a you may not have much income, but you
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  Speaker 4: have a seven to fifty credit score, so we can
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  Speaker 4: do this no doc loan where you know, you don't
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  Speaker 4: even have to provide income information. You just have to
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  Speaker 4: state how much you know you probably make. You know,
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  Speaker 4: I mean, there was a lot of shit.
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  Speaker 2: They wouldn't send real appraisers out. They would use computer
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  Speaker 2: programs and things like that which they might be doing,
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  Speaker 2: but they they so anyway, the way I felt that
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  Speaker 2: not knowing we were gonna, you know, have the economy
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  Speaker 2: just completely drop out, and and I just quit doing
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  Speaker 2: it right before that happened, because what I was feeling
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  Speaker 2: is I would get you know, countrywise the one I remember,
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  Speaker 2: but there were a lot of these subprime lenders and
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  Speaker 2: they would just send you They always want to get
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  Speaker 2: it done immediately. Oh yeah, and then they want to
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  Speaker 2: send you, you know, hundreds of pages of documents the
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  Speaker 2: night before or the morning of a closing, and I
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  Speaker 2: wasn't comfortable just flipping through the and not having any
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  Speaker 2: chance to review them or read them before I have
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  Speaker 2: folks come in my office to borrow the money. And
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  Speaker 2: and then of course they also have already promised the
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  Speaker 2: the client basically that you're not going to charge hardly
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  Speaker 2: anything for the work you do, but they want you to,
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  Speaker 2: you know, have them sign three hundred pages of documents
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  Speaker 2: on the spot, with with no review at all. And
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  Speaker 2: I just didn't like that pressure and got out of it.
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  Speaker 2: So we do. We do cash closings, meaning if you
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  Speaker 2: have a if you have a real estate, if you
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  Speaker 2: want to sell real estate, or you're going to buy
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  Speaker 2: some real estate, and you don't need to borrow against
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  Speaker 2: it in order to fund the purchase. And that's the
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  Speaker 2: kind of work we do. We do the title search
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  Speaker 2: if you like, which I always recommend if you care
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  Speaker 2: about your property, you're buying or paying any amount of
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  Speaker 2: money for it. Then we do the closing and that
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  Speaker 2: kind of thing. You don't need a realtor to do that.
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  Speaker 2: Realtors their real purpose, well, i'd say their primary purpose
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  Speaker 2: is to market the property for sale. Now, if you
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  Speaker 2: do use a realtor, at least here in Kanaal Valley
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  Speaker 2: to Cana of Value Border Realtors, which is a trade association,
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  Speaker 2: they have, you know, form purchase contracts and some disclosure
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  Speaker 2: some things that make the transition smoother.
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  Speaker 3: Now you don't have to have it.
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  Speaker 2: You can go out and put a sign up if
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  Speaker 2: you own your home and sell it yourself, and there's
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  Speaker 2: absolutely nothing wrong with that. And then if you find
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  Speaker 2: a buyer, you if you want us to draft a
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  Speaker 2: purchase agreement for the sale, we can do that right quick.
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  Speaker 2: Of course, we have a whole database of them in
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  Speaker 2: our computer where we've done them over thirty years. And
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  Speaker 2: and then we set a closing date, do the title
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  Speaker 2: and take care of it all right and right in
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  Speaker 2: our office pretty efficiently, so we get that question a
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  Speaker 2: lot people that to me, it's I mean, I've done
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  Speaker 2: it so long, it's just seems like everybody should know that.
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  Speaker 2: But a lot of people some people think one they
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  Speaker 2: have to have a realtor when they sell property, or
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  Speaker 2: two they don't have any clue how what they need
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  Speaker 2: to do if they want to do it themselves. And
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  Speaker 2: it's really not that complicated. You can get all the
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  Speaker 2: appraisals you want. That's what a professional in that field
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  Speaker 2: says it's worth on paper. Sometimes that doesn't play out
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  Speaker 2: when it goes goes to sales. So as long as
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  Speaker 2: you can reach and agreed upon price with a buyer,
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  Speaker 2: that's all you really need, and then you can give
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  Speaker 2: us a call for some guidance and we can take
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  Speaker 2: it from there.
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  Speaker 4: It's funny you bring that up, because I've seen this
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  Speaker 4: happen too where we're we're so used to how everything
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  Speaker 4: works where you have lenders involved in realtors and everything else.
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  Speaker 4: When somebody owns a property free and clear and they're
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  Speaker 4: just looking to simply sell their house, and even they
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  Speaker 4: have a buyer in mind and stuff like that, people
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  Speaker 4: sometimes forget that this is just my house. I can
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  Speaker 4: sell it like you don't. There's no you don't have
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  Speaker 4: to legally contract a realtor. Know there's anything wrong with
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  Speaker 4: it or anything. It's just you don't have.
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  Speaker 2: To No, And when I go back to you know,
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  Speaker 2: the primary reason I think you hire a realtor is
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  Speaker 2: for marketing. So I mean they they if you get
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  Speaker 2: an experienced realtor, you know, they should know market values.
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  Speaker 2: They can see some transactions that might be comparable, so
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  Speaker 2: they'll they'll help you if you don't have any comfortability
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  Speaker 2: with determining what your list price should be, for example.
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  Speaker 2: Certainly and realters are motivated because I think pretty much
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  Speaker 2: universally they get paid on a commission, which is a
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  Speaker 2: percentage of the sale. So they obviously have motivation to
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  Speaker 2: sell your house for as much as possible, which is
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  Speaker 2: normally the seller's motivation as well. Now, realtors are a
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  Speaker 2: little unique. They do have some at least in Mustangia,
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  Speaker 2: I think probably throughout the country. Like I can't represent
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  Speaker 2: somebody comes to me for a divorce, for example, well,
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  Speaker 2: I can't go and tell them while we will represent your
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  Speaker 2: spouse as well in this process. That's a conflict for
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  Speaker 2: a lawyer, you can't do it. Realtors are a little different.
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  Speaker 2: They do have some rules that allow them to be
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  Speaker 2: dual agents, which is interesting. So realtors have they're allowed
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  Speaker 2: to represent both the seller and the buyer. You have
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  Speaker 2: to consent to it and have a written document that
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  Speaker 2: kind of explains how that works. So you do have
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  Speaker 2: that kind of unusual dynamic. But you have a right
• 11:00
  Speaker 2: if you're going to you know, if you see if
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  Speaker 2: you're moving in town or looking to upgrade or change
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  Speaker 2: where you live and buy house, you can go and call,
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  Speaker 2: you know, any of the local real estate brokers and
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  Speaker 2: you can get a buyer's agent and they'll help you.
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  Speaker 2: And normally it can be all that is negotiable. Normally
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  Speaker 2: you don't necessarily pay extra for that because they'll they'll
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  Speaker 2: also get their commission from the sale price and the realtor.
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  Speaker 2: Both the listing realtor and the buyer's agent. Normally uh
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  Speaker 2: share whatever the listing agent's commission was to be in
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  Speaker 2: the first place, and if that makes sense, But you
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  Speaker 2: can get a buyer's agent and it's normally kind of
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  Speaker 2: a contingent thing. You don't pay your agent even though
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  Speaker 2: they help you look at houses and find them. If
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  Speaker 2: you don't find something, and that's just the way it goes.
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  Speaker 2: If you do, then your buyer's agent normally gets paid
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  Speaker 2: out of the purchase proceeds. And normally you don't see
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  Speaker 2: it on the buyer's side, but you can. I've seen
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  Speaker 2: somewhere they they negotiated where the you know, the buyer
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  Speaker 2: takes a little percentage hit to pay their buyer's agent.
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  Speaker 2: But that's important too to get. If you're uncomfortable and
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  Speaker 2: you're going to buy a place, then no harm in
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  Speaker 2: hiring a buyer's agent, for sure.
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  Speaker 4: I this is this would have been an interesting if
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  Speaker 4: anything would have come from it, and anything legally happened,
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  Speaker 4: it would have been an interesting scenario. Years and years ago,
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  Speaker 4: I was looking at buying some property in a royal
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  Speaker 4: county in Tennessee, Perry, Tennessee. At the point in time,
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  Speaker 4: it's just like a lumbering place, not a lot of
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  Speaker 4: people around. I was looking for somewhere, you know, kind
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  Speaker 4: of private and pristine, right. And the little town that
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  Speaker 4: I went to and the guy that I ran into,
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  Speaker 4: what was his name, Ben Gasparino, if I remember correctly,
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  Speaker 4: he was the loan rellator, the mayor, the only attorney
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  Speaker 4: in town that anybody was aware of. Everything ran out
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  Speaker 4: of his office. So like when you went there and
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  Speaker 4: you wanted to look at properties, like everything just through him,
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  Speaker 4: and he would be like, well, I can have my
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  Speaker 4: lady draw up the document. She was also the notary.
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  Speaker 4: Like everything happened out of his one office with like
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  Speaker 4: three people in it. And I'm sure he seemed like
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  Speaker 4: a fine guy, and I mean we were in contact
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  Speaker 4: for a while. We ended up not buying any properties there,
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  Speaker 4: but but I always thought at the time, I was like, man,
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  Speaker 4: that just seems like a situation that could be rife
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  Speaker 4: with issues and there's not a.
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  Speaker 2: Lot of there might be some conflict issues, and not
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  Speaker 2: a lot of competition.
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  Speaker 4: There is zero competition, and really who there's no real
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  Speaker 4: options or anything. You know, it was a I was
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  Speaker 4: I was a little hesitant to even do business, although
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  Speaker 4: the guy seemed to be you know, everybody in town
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  Speaker 4: knew him and everything, but it was just very old.
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  Speaker 2: That's what you're getting, I mean, that's what you get
• 13:35
  Speaker 2: sometimes in small towns. Of course, that's probably been many
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  Speaker 2: many years ago, twenty years ago, the advent of you know,
• 13:42
  Speaker 2: the computers and the ease with which you can communicate,
• 13:46
  Speaker 2: and you know so many things are sound DOCU sign
• 13:49
  Speaker 2: or E signature these days. He probably eliminates some of
• 13:53
  Speaker 2: that unless you're in a community where they don't have
• 13:54
  Speaker 2: limited internet access.
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  Speaker 3: That's true.
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  Speaker 2: It shouldn't be very many communities at this point.
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  Speaker 3: But the power faint on your side this morning.
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  Speaker 4: If you want to give us a call, threes or
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  Speaker 4: a four three four five fifty eight fifty eight threes
• 14:04
  Speaker 4: are a four three four five fifty eight fifty eight,
• 14:06
  Speaker 4: You're more than welcome to give us a call. We
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  Speaker 4: have a text message in here for you. All right,
• 14:09
  Speaker 4: let's see. This is from the three zero four to
• 14:11
  Speaker 4: three eight none. Short topic for Tom if possible, his
• 14:14
  Speaker 4: thoughts on commercials and companies pushing insurance for homeowners from
• 14:18
  Speaker 4: putting false deeds or trusts on their properties leading to
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  Speaker 4: possible foreclosures in et cetera.
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  Speaker 3: Have you seen anything like this?
• 14:25
  Speaker 2: Now, we've had that question from time to time on
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  Speaker 2: the show. I haven't seen it here in West Virginia,
• 14:32
  Speaker 2: and I don't know. Now I don't really practice or
• 14:35
  Speaker 2: I don't I'm licensed in Ohio. Do pretty much limit
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  Speaker 2: my practice in Ohio to civil litigation, so people that
• 14:42
  Speaker 2: are hurt or either physically or financially. But here locally,
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  Speaker 2: I haven't seen that there is I know, I think
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  Speaker 2: at least Putnam County clerk you can do e filing,
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  Speaker 2: but you go through a third party service that does
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  Speaker 2: it for you. You can't just email something to the clerk.
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  Speaker 2: And it's pretty We registered for that at one point
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  Speaker 2: and then it just didn't. We didn't use it enough
• 15:09
  Speaker 2: because we're down at the courthouse enough we just take
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  Speaker 2: take things physically and get them recorded. But it's it
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  Speaker 2: was a pretty fail safe program. I haven't seen that
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  Speaker 2: in West Virginia. I mean in West Virginia. You know,
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  Speaker 2: when you hear the word d are the words deed
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  Speaker 2: of trusts, that's basically a mortgage in West Virginia. That's
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  Speaker 2: the people think it's their deed. Sometimes they break it in.
• 15:30
  Speaker 2: When you see deed of trust at the at the top,
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  Speaker 2: that's what is used by lender to record it in
• 15:38
  Speaker 2: the record room, which shows there's a lean against your property.
• 15:42
  Speaker 2: And because basically if you read it, you're essentially dating
• 15:46
  Speaker 2: it over to a trustee, which is somebody appointed by
• 15:50
  Speaker 2: the lender to potentially do it. Foreclosure if you if
• 15:53
  Speaker 2: you fail to make your payments, so you kind of
• 15:56
  Speaker 2: trust some interest in your property to that trustee which
• 15:59
  Speaker 2: make your property claud or for your mortgage. But I've
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  Speaker 2: not seen any type of fraudulent you know, not on
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  Speaker 2: a not like I've seen the normal fraud you see
• 16:14
  Speaker 2: through phishing emails and calls and things like that. I
• 16:17
  Speaker 2: mean you always have. I mean I've seen individual cases
• 16:19
  Speaker 2: where literally somebody local goes and gets a deed and
• 16:23
  Speaker 2: you know, forges a signature and forges a notary and
• 16:27
  Speaker 2: then goes and records it. But I think that's what
• 16:30
  Speaker 2: you know, you don't really need insurance for that. It's
• 16:33
  Speaker 2: so uncommon. Uh So, I haven't had anybody I've never
• 16:38
  Speaker 2: dealt with an insurance claim on one of those type
• 16:40
  Speaker 2: of insurances for protecting yourself. To me, if I heard
• 16:45
  Speaker 2: a commercial like that here in West Virginia, I would
• 16:48
  Speaker 2: be very skeptical of that, of.
• 16:50
  Speaker 3: The need of the need for that.
• 16:52
  Speaker 2: Yes, I don't. I haven't seen it. You if you
• 16:55
  Speaker 2: did want to, you can go check anything in your
• 16:59
  Speaker 2: most He's not all counties, not sure, Yeah, most of
• 17:05
  Speaker 2: the counties in West Virginia, even the rural ones. Deeds
• 17:09
  Speaker 2: and those type of records are online at least, maybe
• 17:12
  Speaker 2: not throughout history. They might go back a decade or something,
• 17:16
  Speaker 2: but you can go on those. If you can't figure
• 17:18
  Speaker 2: it out, called the county clerk. They'll give you the website.
• 17:20
  Speaker 3: You don't need.
• 17:21
  Speaker 2: We have an account so we can download documents and
• 17:24
  Speaker 2: get a little better access. But generally, as the public,
• 17:26
  Speaker 2: you can see if you had concern about what's happening
• 17:29
  Speaker 2: with property in your name in a particular county, you
• 17:32
  Speaker 2: can literally get on the appropriate website through the county
• 17:35
  Speaker 2: clerk's office and type in your name and you'll see
• 17:38
  Speaker 2: all documents that have been filed in your name, but
• 17:42
  Speaker 2: just pop right up. It's a name search, so you
• 17:44
  Speaker 2: can you can check it that way easily. What I
• 17:48
  Speaker 2: have seen happen and this isn't you know, something that
• 17:51
  Speaker 2: the non lawyers necessarily need to worry about. I've seen
• 17:57
  Speaker 2: fraudsters figure out a real estate transaction is about to occur,
• 18:02
  Speaker 2: and there's always something. Normally in those transactions, there's money
• 18:07
  Speaker 2: held in escrow, which in West Virginia usually the lawyer's
• 18:10
  Speaker 2: trust account is used as the escrow account. In other
• 18:13
  Speaker 2: states they have escro agents and things which are different.
• 18:15
  Speaker 2: But I have seen some cases where fraudsters learn somehow
• 18:20
  Speaker 2: through maybe seeing emails or some other communications, and then
• 18:25
  Speaker 2: they are able to get when it's a wired transaction
• 18:30
  Speaker 2: wiring money, they've actually infiltrated and impersonated one of the
• 18:35
  Speaker 2: parties and the escrew money has been sent to somebody
• 18:41
  Speaker 2: that isn't the actual seller, and that's the lawyer's got
• 18:44
  Speaker 2: to be careful in that regard. We have not had
• 18:47
  Speaker 2: any problems like that at our office, but you'll see
• 18:50
  Speaker 2: a lot of extra safeguards, extra authentication and things like
• 18:54
  Speaker 2: that on any transactions like that. But I back to
• 18:57
  Speaker 2: the question. If you're going to buy property and you
• 19:01
  Speaker 2: have concern about the title, first of all, you need
• 19:03
  Speaker 2: to get a pay any amount of money for property,
• 19:05
  Speaker 2: you got to get a title search, even if there's
• 19:08
  Speaker 2: some complications in the title. You know, I don't think
• 19:11
  Speaker 2: any lawyers are charging They're charging less than one thousand
• 19:14
  Speaker 2: dollars to do a basic title search. And folks can
• 19:18
  Speaker 2: try and do it on their own, but they're not
• 19:19
  Speaker 2: trained to do it. They might miss something and.
• 19:22
  Speaker 4: That title search will give you will give you a
• 19:24
  Speaker 4: clear title up to the point that that search was done.
• 19:26
  Speaker 4: So you would at least have, up until whatever date
• 19:29
  Speaker 4: that search was done, a clear title, So if anybody
• 19:31
  Speaker 4: did try to troll your title or put something on it,
• 19:34
  Speaker 4: you would have at least starting.
• 19:35
  Speaker 2: So when you do, when you hire a lawyer to
• 19:36
  Speaker 2: do a title search, you figure out one is the
• 19:39
  Speaker 2: person that's trying to sell it to Today, I actually
• 19:42
  Speaker 2: own one hundred percent interest in it. Sometimes you'll find
• 19:45
  Speaker 2: problems or we'll wait a minute, there's a fractional interest
• 19:47
  Speaker 2: because you know, Peggy Sue back in nineteen ninety five
• 19:51
  Speaker 2: didn't sign this old deed and she was one of
• 19:53
  Speaker 2: the heirs, so we got an extra interest out there
• 19:55
  Speaker 2: that you're not getting. And also what people don't understand
• 19:58
  Speaker 2: other than you know, mortgages are vall terry. They're easy
• 20:00
  Speaker 2: to find. Somebody signs something, it's put on the property,
• 20:03
  Speaker 2: but various liens can be recorded, sometimes without folks knowing
• 20:08
  Speaker 2: that then attach their interest in property. And we have
• 20:10
  Speaker 2: that a lot. Let's say grandma dies and five kids
• 20:15
  Speaker 2: inherit an interest and they all want to sell it,
• 20:17
  Speaker 2: and my client that's the buyer, says, why I've known this?
• 20:20
  Speaker 2: They live beside me for one hundred years. Their titles fine,
• 20:24
  Speaker 2: I said, all right, going close, Well, maybe one of
• 20:29
  Speaker 2: those five kids had an IRS Liane recorded on me,
• 20:32
  Speaker 2: so it or a child support lean, or income tax
• 20:35
  Speaker 2: lien to the state of West Virginia, or consumer sales
• 20:37
  Speaker 2: tax lian that attaches as soon as they inherit their
• 20:41
  Speaker 2: interest in the property, so it runs with the lens,
• 20:43
  Speaker 2: and when you buy it, you're buying it subject to
• 20:47
  Speaker 2: that lean. And you know, sometimes that interest can be
• 20:50
  Speaker 2: in essence foreclosed upon, or you know you'll have trouble
• 20:53
  Speaker 2: selling it or barring against it later. Because there's so
• 20:56
  Speaker 2: there's different things that can be found. And actually when
• 20:59
  Speaker 2: folks say, well, i've known you know so and so
• 21:01
  Speaker 2: has owned it, this family's owned it for fifty years,
• 21:04
  Speaker 2: that actually makes me a little more concerned because they
• 21:07
  Speaker 2: haven't had a need to have a title done in
• 21:11
  Speaker 2: all those years, because they haven't borrowed against the property,
• 21:13
  Speaker 2: they haven't gone to sell the property, or somebody else
• 21:16
  Speaker 2: would have done a title search, versus if it's changed
• 21:19
  Speaker 2: hands a few times. Most likely if it's been sold
• 21:22
  Speaker 2: one of those transactions, somebody borrowed and took a mortgage
• 21:26
  Speaker 2: out to fund it. And when you do that, the
• 21:29
  Speaker 2: lender university is going to get a pretty thorough title
• 21:32
  Speaker 2: search done. But you can buy title insurance if you
• 21:36
  Speaker 2: buy property if you're concerned, because a lawyer's title search
• 21:39
  Speaker 2: is normally only as good as the courthouse records, and
• 21:42
  Speaker 2: so there can be other discrepancies with boundaries or legal
• 21:47
  Speaker 2: descriptions that weren't picked up in a title search, and
• 21:51
  Speaker 2: that's why you buy title insurance to make sure that
• 21:54
  Speaker 2: you do have good title. And if you borrow money
• 21:59
  Speaker 2: against property aparchait, your lenders always gonna want title insurance,
• 22:03
  Speaker 2: but you can ask for and that only protects the
• 22:05
  Speaker 2: lenders interests, So it's whatever the mortgage balance is, it
• 22:09
  Speaker 2: will oftentimes ostensibly help you as well because they're protecting
• 22:14
  Speaker 2: their collateral, which also protects you as the borrower. But
• 22:17
  Speaker 2: you can buy title insurance and it's just a small
• 22:19
  Speaker 2: premium on top of what it's one time premium during
• 22:22
  Speaker 2: the closing transaction that gives a little extra security. So
• 22:26
  Speaker 2: if you have some concerns about your title, buy some
• 22:30
  Speaker 2: title insurance. But as far as you know, some kind
• 22:34
  Speaker 2: of mass marketing cell of insurance to give you peace
• 22:38
  Speaker 2: of mind about some alleged you know, widespread fraud of
• 22:44
  Speaker 2: mortgages being recording and foreclosures in West Virginia, they have
• 22:47
  Speaker 2: to be publicized that you have to have notice, I
• 22:51
  Speaker 2: mean published in like the paper, that it's in the
• 22:54
  Speaker 2: legal ads. You don't always see them. And I look
• 22:56
  Speaker 2: at the legal ads because I'm just got used to
• 22:58
  Speaker 2: looking at them over the years. Sometimes I'll find things.
• 23:00
  Speaker 2: Might call my clients or former clients and I learn
• 23:02
  Speaker 2: them you're in the paper for this or or something.
• 23:05
  Speaker 2: But so I just don't see that as a as
• 23:08
  Speaker 2: a problem in West Virginia right now. Now we don't do,
• 23:12
  Speaker 2: you know, because we don't do lender funded closings. There
• 23:14
  Speaker 2: are other lawyers that certainly do a lot more real
• 23:16
  Speaker 2: estate transactions than we do. But I haven't heard anything,
• 23:20
  Speaker 2: no buzz about it, haven't had a case come through
• 23:21
  Speaker 2: about it. So I'd be very skeptical about those those
• 23:25
  Speaker 2: ads being pushed for alleged fraudulent mortgages and your home
• 23:29
  Speaker 2: being foreclosed upon without you knowing. That's all I mean.
• 23:32
  Speaker 2: If something like that happens, it would be a hassle
• 23:35
  Speaker 2: to unwined it. But I don't envision anyway in which
• 23:40
  Speaker 2: you'd lose your home or an interest in your home
• 23:42
  Speaker 2: and it's just not something I've seen where I would
• 23:44
  Speaker 2: buy insurance for it.
• 23:45
  Speaker 3: At this point, we'll take a break here in just
• 23:46
  Speaker 3: a second.
• 23:47
  Speaker 4: One thing that I think is that's very instructive about that,
• 23:49
  Speaker 4: where I did mortgages out of state of Michigan for
• 23:51
  Speaker 4: so long, I was surprised. I mean, I guess I
• 23:54
  Speaker 4: shouldn't have been, but I bought my first several holds
• 23:57
  Speaker 4: in Michigan, and then when I moved back to West Virginia,
• 23:58
  Speaker 4: I bought my first hold in West virgin and I
• 24:02
  Speaker 4: was quite surprised by how different the real estate transaction
• 24:05
  Speaker 4: actually is. The title office is a whole industry in Michigan.
• 24:09
  Speaker 4: Like you don't go through an attorney. You have a
• 24:10
  Speaker 4: title office you go through and it's a whole I
• 24:12
  Speaker 4: mean there's like title offices that there was, like there
• 24:15
  Speaker 4: was price less now, but there was like several different
• 24:17
  Speaker 4: ones that were statewide. They had reputations. This one's a
• 24:19
  Speaker 4: good title office, this one's a bad title office, and
• 24:21
  Speaker 4: all these different things that you would go through, and
• 24:23
  Speaker 4: it was just a different process to handling those things.
• 24:26
  Speaker 4: So if you're moving from out of state and maybe
• 24:27
  Speaker 4: you're looking at some real estate down here and this
• 24:29
  Speaker 4: is surprising too. You're like, hey, where's the title officer
• 24:31
  Speaker 4: whatever your state may have had before. That's another good
• 24:33
  Speaker 4: reason maybe you need to contact the Peyton Law Firm
• 24:36
  Speaker 4: because they can help you walk through.
• 24:37
  Speaker 2: Some of that stuff. That's right, you go through if
• 24:39
  Speaker 2: it's cash, if it's a cash channels, the lawyers handle
• 24:42
  Speaker 2: those transactions. In West Virginia. Normally there are quote are
• 24:45
  Speaker 2: these companies with the word title in their name, but
• 24:47
  Speaker 2: you'll notice any documents title searches, things like that. Normally
• 24:53
  Speaker 2: the money held in escre or in trust is in
• 24:57
  Speaker 2: the lawyer's actual account even though the quote title comp
• 25:00
  Speaker 2: He is helping with some of the transactional paperwork and
• 25:03
  Speaker 2: things like that.
• 25:04
  Speaker 4: Yeah, it's great information, so stuff that can help you
• 25:06
  Speaker 4: out if you have a question where you could put
• 25:07
  Speaker 4: the power patroon on your side and give us a
• 25:08
  Speaker 4: call this morning three zero four three four five fifty
• 25:10
  Speaker 4: eight fifty eight three four five fifty to fifty eight.
• 25:12
  Speaker 4: Information on line Payton the Law Firm dot com, p
• 25:14
  Speaker 4: e y tu in Payton Law Firm dot Com their
• 25:16
  Speaker 4: phone number seven five five fifty five fifty six, seven
• 25:19
  Speaker 4: five five fifty five fifty six. You can still get
• 25:20
  Speaker 4: ahold of us at three zero four three four five
• 25:22
  Speaker 4: fifty eight fifty eight. You could text three zero four
• 25:24
  Speaker 4: nine three five five zero zero eight. That's just like
• 25:26
  Speaker 4: Joe did earlier. Tom answered his question just now, he says,
• 25:28
  Speaker 4: thank you. By the way, Tom, you could text three
• 25:30
  Speaker 4: zero four nine three five fives zero zero eight. Well,
• 25:32
  Speaker 4: take a break and be back right after this. You're
• 25:34
  Speaker 4: listening to ask the lawyer for the Payton Law Firm.
• 25:36
  Speaker 4: Tom Payton is zero five eight wchs the Voice of Charleston.
• 25:39
  Speaker 5: If you've been injured, you need a lawyer who knows
• 25:41
  Speaker 5: West Virginia because they live in West Virginia. Tom and
• 25:45
  Speaker 5: Harvey Peyton were born and raised here. They've spent decades
• 25:49
  Speaker 5: fighting for injury victims, and they know how to get results.
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  Speaker 5: At the Peyton Law Firm, you get straight talk, the
• 25:55
  Speaker 5: strong representation, and local attorneys who care. Call seven fifty
• 26:01
  Speaker 5: five fifty six today or visit Peyton Law Firm dot com.
• 26:05
  Speaker 5: The attorney's referenced in this ad or lifelong residence and
• 26:07
  Speaker 5: are licensed to practice law in the state of West Virginia.
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• 26:54
  Speaker 4: It is ten minutes of the top of the hour
• 26:56
  Speaker 4: you can give Just call this morning if you want
• 26:57
  Speaker 4: to put the power of Payton on your side. Tom
• 26:59
  Speaker 4: Payton from the Peyton Law Firm is in studio with
• 27:01
  Speaker 4: us this morning from Nitro West Virginia. Payton Law from
• 27:03
  Speaker 4: dot com. P E y t U in Peyton Law
• 27:05
  Speaker 4: from dot com. Their phone number seven five five fifty
• 27:07
  Speaker 4: five fifty six. Threes are A four seven five five
• 27:09
  Speaker 4: fifty five fifty six. You can get ahold of us
• 27:11
  Speaker 4: this morning. Three zerre a four three four five fifty
• 27:13
  Speaker 4: to fifteen for the next ten minutes or so. Three
• 27:15
  Speaker 4: es are A four three four five fifty to fifty eight.
• 27:17
  Speaker 2: Hey, all right, so we're we got some interesting news
• 27:22
  Speaker 2: on the national level. I was talking about me sitting
• 27:23
  Speaker 2: through depositions and taking depositions this week. But the Hillary
• 27:27
  Speaker 2: Clinton deposition I think set for today. It's like it's
• 27:30
  Speaker 2: two thousand all over again about the Epstein fouls. Right,
• 27:34
  Speaker 2: So that'll be interesting because she's really smart. I hope
• 27:37
  Speaker 2: she doesn't take the whether you like it or not.
• 27:40
  Speaker 2: She's pretty bright and she's a lawyer, and so they
• 27:46
  Speaker 2: we'll see. It's not public today though, right.
• 27:49
  Speaker 4: So they requested it to be public, and I think
• 27:51
  Speaker 4: it was a request right to republic, right, and the
• 27:54
  Speaker 4: politicians didn't want it to be public.
• 27:57
  Speaker 2: But you know, it'll probably be leaked. I might eat
• 28:02
  Speaker 2: my words on that one, but at least everything's leaked,
• 28:04
  Speaker 2: So yeah, I think you're releasing it. Somebody will at
• 28:08
  Speaker 2: some point. But it'll be interesting. I hope she doesn't
• 28:09
  Speaker 2: take the the Fifth Amendment over and over again, but uh,
• 28:13
  Speaker 2: because I'll watch those sometimes and you know, you watch
• 28:18
  Speaker 2: the congressmen and some of them are lawyers, I think,
• 28:21
  Speaker 2: but they their questions aren't terrible. Well, I get frustrated
• 28:25
  Speaker 2: watching it because I want them to ask this well,
• 28:27
  Speaker 2: you know, but a lot of their questions are not
• 28:32
  Speaker 2: they don't care about the answer. They want everybody to
• 28:34
  Speaker 2: hear what they're asking and some of them are hardly
• 28:36
  Speaker 2: questions their statements and at the end do you agree
• 28:40
  Speaker 2: with that or something? And so I don't know if
• 28:41
  Speaker 2: there'll be much much material information come out of today's depositions.
• 28:47
  Speaker 2: But but she'll be presume you're put under oath on
• 28:50
  Speaker 2: those type of me it's the nature of a deposition.
• 28:54
  Speaker 2: You're put in oath and you testify and some form
• 28:56
  Speaker 2: outside of the actual court room. And so we'll see
• 28:59
  Speaker 2: how that comes about. From a we've talked about here
• 29:03
  Speaker 2: again on kind of the national slash local level, about
• 29:07
  Speaker 2: the conduct of ICE Immigration's custom enforcement. Here locally, we
• 29:17
  Speaker 2: we've had a couple, well five or six ruins by
• 29:20
  Speaker 2: our local United States District Court judges who are far
• 29:25
  Speaker 2: from I mean, if he may labels them raging liberals,
• 29:28
  Speaker 2: then they're way off base. The two judges that I
• 29:32
  Speaker 2: know that have made some ruins, But I know Dad's
• 29:34
  Speaker 2: talked about it some about folks not that live in
• 29:38
  Speaker 2: in the United States not getting due process and being
• 29:40
  Speaker 2: released on these habeas corpus petitions. And then I think
• 29:44
  Speaker 2: Judge Goodwin, you know, this week or last week actually
• 29:47
  Speaker 2: made a ruling. I believe it was violation of the
• 29:51
  Speaker 2: unreasoned Fourth Amendment prohibiting unreasonable search and seizures for the
• 29:56
  Speaker 2: generally for these ICE agents to go around in mass
• 30:00
  Speaker 2: that hide their identity, which I thought was an interesting
• 30:03
  Speaker 2: rule and got some national attention. We'll see. I don't
• 30:05
  Speaker 2: know if the US Attorney Office is appealing any of
• 30:08
  Speaker 2: these or not. They may appeal that one. We'll have
• 30:12
  Speaker 2: to wait, wait and see, because that got a little
• 30:14
  Speaker 2: national attention. I haven't seen any other judges across the
• 30:16
  Speaker 2: country rule in that manner. But it's really hard to
• 30:18
  Speaker 2: tell because there's just so many keys. The US Attorney's
• 30:20
  Speaker 2: offices are overwhelmed.
• 30:22
  Speaker 4: They've lost all the hot profile ones. There's a few
• 30:24
  Speaker 4: of them they've tried to redo on the hoigh profile level,
• 30:27
  Speaker 4: and they end up losing those two.
• 30:28
  Speaker 2: It seems like, yeah, so we'll see all that plays out.
• 30:31
  Speaker 2: I know that, at least anecdotally, I have I have
• 30:34
  Speaker 2: heard of some US citizens here locally being detained, and
• 30:42
  Speaker 2: what I call arrested, I mean, where you there between
• 30:45
  Speaker 2: an arrest and attainment really blurs, and it's hard to
• 30:51
  Speaker 2: define one versus the other. Necessarily I see them mostly
• 30:55
  Speaker 2: as identical. But we are all add out on Facebook.
• 31:00
  Speaker 2: We are if you have if you have a friend, relative,
• 31:03
  Speaker 2: or you are a US citizen that's been you believe
• 31:06
  Speaker 2: it has been unlawfully stopped based on immigration grounds and
• 31:09
  Speaker 2: detained in some form. There is a mechanism to get
• 31:12
  Speaker 2: compensation for that, and it's under the Federal Tourt Claims Act,
• 31:16
  Speaker 2: and we are taking those cases. So if anybody has
• 31:19
  Speaker 2: that situation out there and it's curious about whether they
• 31:23
  Speaker 2: can get some type of compensation, then give us a
• 31:26
  Speaker 2: call or send us an email. We'll do a little screen.
• 31:28
  Speaker 2: We have some basic questions we asked see if it's
• 31:31
  Speaker 2: a case we're willing, we're able to take, and we
• 31:34
  Speaker 2: are actively taking those cases. So yeah, if you've got
• 31:38
  Speaker 2: somebody in that situation, not this is not somebody here
• 31:42
  Speaker 2: that isn't a US citizen, right, you might have a
• 31:45
  Speaker 2: case there. Uh, there's there's lawyers that are handling those
• 31:49
  Speaker 2: cases regular If somebody is detained and they need to
• 31:51
  Speaker 2: get out because they've not been provided due process, we're
• 31:54
  Speaker 2: not really doing that.
• 31:56
  Speaker 5: Uh.
• 31:56
  Speaker 2: But if if you're know somebody that's a US citizen,
• 31:59
  Speaker 2: it's been detained. Then that's the tuckcase that we can
• 32:02
  Speaker 2: take on for you if you're interested.
• 32:05
  Speaker 4: Does that include like, and I'm not trying to just observationally,
• 32:10
  Speaker 4: this has been happening across the country. One of these
• 32:12
  Speaker 4: folks that are in some way alarmed by the actions
• 32:15
  Speaker 4: in their community and they're they're doing the following around
• 32:17
  Speaker 4: and stuff, and they end up getting detained or or
• 32:20
  Speaker 4: quote unquote arrested or whatever, and not sure where there
• 32:23
  Speaker 4: would be.
• 32:23
  Speaker 2: That's why we have you know, I think when you
• 32:27
  Speaker 2: when you there's a there's a fine line there. I
• 32:32
  Speaker 2: don't think we've had the issue here in West Virginia really.
• 32:34
  Speaker 2: If we have and somebody's been detained because they've been
• 32:37
  Speaker 2: yeah I've not heard of it supposedly obstructing ice or
• 32:40
  Speaker 2: because they were filming them or blowing whistles or watching them,
• 32:45
  Speaker 2: then that's and they've been detained. I want to see
• 32:47
  Speaker 2: if they have a case, give us a call, we'll
• 32:49
  Speaker 2: analyze it. Now. Yeah, there go back to kind of
• 32:54
  Speaker 2: what we've seen most heirlightly, is this what's happening in Minnesota? Maybe,
• 32:58
  Speaker 2: so there's a there's a fine line there. Think filming
• 33:02
  Speaker 2: law enforcement generally conducting their doozy duties is not illegal.
• 33:07
  Speaker 2: It's not obstructing. It doesn't give law enforcement the right
• 33:09
  Speaker 2: to come and detain you, or pepper spray you, or
• 33:12
  Speaker 2: wrestle you to the ground following in a car. I
• 33:19
  Speaker 2: wouldn't think either. Now, if they're executing a search for
• 33:23
  Speaker 2: it or something, or conducting an investigation and you physically
• 33:28
  Speaker 2: interfere with that, I don't know. I mean, like, if
• 33:31
  Speaker 2: they're going in to arrest somebody, you start blowing a
• 33:36
  Speaker 2: whistle to alert that person that law enforcement is there.
• 33:39
  Speaker 2: I mean, yeah, that's that's that's borderline, that's problematic, that
• 33:45
  Speaker 2: could be obstructing. So but you know, each of those
• 33:49
  Speaker 2: situations turns on the specific facts of that situation. So
• 33:52
  Speaker 2: if you've got a situation like that, you really need
• 33:54
  Speaker 2: to talk with a lawyer, and you can talk with
• 33:58
  Speaker 2: us if you'd like, and you know, equizing very specific
• 34:02
  Speaker 2: facts and see if it's something that we think we
• 34:05
  Speaker 2: can help you with. But yeah, there's a there's a
• 34:08
  Speaker 2: fine line there because there's and then you've got First
• 34:10
  Speaker 2: Amendment issues. So speech is saying things is rarely evidence
• 34:20
  Speaker 2: of a crime where you can be charged and convicted
• 34:23
  Speaker 2: because first Amendment protects a lot of a lot of speech.
• 34:26
  Speaker 2: I've got one right now where you know it's assumed
• 34:30
  Speaker 2: some derogatory statements were made at police in a in
• 34:33
  Speaker 2: a public on a public street, and then they come
• 34:36
  Speaker 2: and charge the person with say obstructing or something like that.
• 34:40
  Speaker 2: And and the issues what can a person say, And
• 34:44
  Speaker 2: they can pretty much in this day and age, they
• 34:46
  Speaker 2: can say about anything. Just kind of like if you
• 34:50
  Speaker 2: see law enforcement one hundred yards down the road, you
• 34:53
  Speaker 2: blah blah blah, just plugging there any slang derogatory names
• 34:57
  Speaker 2: that refer to law enforcement officers as Uh, that's not
• 35:02
  Speaker 2: as annoying as it may be for the officers. Uh,
• 35:06
  Speaker 2: that's not justification for a crime like this. It's not
• 35:09
  Speaker 2: disorderly conduct, it's not obstructing. Uh. Now if there's some
• 35:15
  Speaker 2: physical aspect to go with it or or things like that.
• 35:18
  Speaker 2: I mean the classic example you hear about speech where
• 35:21
  Speaker 2: you have first moment rights, but you can't yell fire
• 35:23
  Speaker 2: in a movie theater. So you know, there's there's a
• 35:27
  Speaker 2: fine line there based based on all the facts. But yeah,
• 35:30
  Speaker 2: that would be a situation if you were detained because ice,
• 35:34
  Speaker 2: for example, claimed you were following them too closely or
• 35:38
  Speaker 2: and of course we've we've seen situations I'm not sure
• 35:41
  Speaker 2: about here locally where you know, somebody's just trying to
• 35:45
  Speaker 2: get somewhere, they're not one of the people quote protesting,
• 35:49
  Speaker 2: and they just got you know, caught up in that
• 35:52
  Speaker 2: situation and are arrested and detained. Unfortunately that that didn't
• 35:55
  Speaker 2: have anything to do with it, that's right, Yeah, Yeah,
• 35:58
  Speaker 2: and some of them have kids and so that there
• 36:00
  Speaker 2: certainly would be potential for a civil claim there. And
• 36:03
  Speaker 2: if it's a specialized type claim, you got to either
• 36:04
  Speaker 2: through a particular federal administrative process and so you can't
• 36:11
  Speaker 2: really do it yourself. But yeah, if anybody's listening and
• 36:13
  Speaker 2: it has that touch situation, I invite you to give
• 36:15
  Speaker 2: us a call or send us an email and be
• 36:17
  Speaker 2: glad to respond.
• 36:17
  Speaker 4: It's great information. As always from the Pathon Law Firm.
• 36:19
  Speaker 4: You can put the power of Paton on your side,
• 36:21
  Speaker 4: like Tom just said, three zero four seven five five
• 36:23
  Speaker 4: fifty five fifty six three zero four seven five five
• 36:25
  Speaker 4: fifty five fifty six. Peyton Lawfirm dot Com, p E
• 36:28
  Speaker 4: Y t O in Payton Lawfirm dot Com every Thursday
• 36:30
  Speaker 4: at eight twenty right here on five ADWCHS. You can
• 36:32
  Speaker 4: go to WCHS network dot com slash paton and you
• 36:35
  Speaker 4: can find all of the previous shows on there as well.
• 36:38
  Speaker 4: So once again, Payton Law Firm dot com, p E
• 36:40
  Speaker 4: Y t U in seven five five fifty five fifty six. Tom,
• 36:43
  Speaker 4: take you so much for your tomic in this week.
• 36:44
  Speaker 2: No problem, I'll be back next week.
• 36:46
  Speaker 3: Sounds great.
• 36:46
  Speaker 4: That's Tom Payton from the Pathon Law Firm for decades
• 36:49
  Speaker 4: here right here on five eight w c HS. We're
• 36:52
  Speaker 4: going to go ahead and take our break at the
• 36:53
  Speaker 4: top of the hour. Coming up, we'll be Dave Allan
• 36:55
  Speaker 4: on five eighty Live, follow by talk Line. Dave will
• 36:57
  Speaker 4: be back this afternoon with Amanda baron d and then
• 37:00
  Speaker 4: I'll be back at three oh six with Dave Weekly
• 37:02
  Speaker 4: on hotline.
• 37:03
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