Latest / Ask the Lawyer / 03-28-24 Ask the Lawyer with Harvey Peyton

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03-28-24 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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twenty two baby, deal with your CCHS the voice of Charleston. Good Thursday
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morning to your nice sunny skies here in the Capital City. I'm Jeff Jenkins,
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and Harvey Payton is here because this is his time. Harvey Payton with
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the Peyton Law Firm in Nitro. Three oh four three four five fifty eight
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fifty eight Three oh four three four five fifty eight fifty If you've been listening
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to this station for the last quarter century. You've heard Harvey on Thursday mornings.
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He's here, he's ready to go to answer any questions about the law.
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Good morning, sir, Good morning Jeff. Of course, for the
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last twenty years has been either me or oldest boy Tom, who practices law
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with me at the Peyton Law Firm in our office. In twenty one,
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First Avenue in Nitro. Again, A beautiful day, good day for baseball.
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Right, yeah, I see you've got your red got my Red's tie
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on. Well that's not a red tie, but it has the reds logan.
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It does, it does, yes, sir. So what do you
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think about the Reds Well, I am after the way they played last year
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with their winning record, I'm cautiously optimistic, but have suffered some injuries in
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spring training. That could all comes down to pitching. Yeah, it all
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comes down to pitching in the major leagues. You know, you look at
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the I was listening to the Fellows on the air yesterday talking about all time
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pitching staffs. We'd be hard to take a look at the the Red Sox
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or the Baltimore when they played the Dodgers, you know years Oh my,
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yes, I mean really oral Horse Sizer and you got the receiver and you
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got Don Drysdale. And I mean I can remember when Drysdale and was pitching
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for the Dodgers. I mean it was just real baseball. Well it's real
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baseball now, but I mean it's it seems to have lost suns. It's
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the expansion. You know, that's not obviously that the talent level has.
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It's probably water down to town the same way with the NFL. You know,
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you've got more teams, but then again, we've got a bigger country,
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so we're producing more talent across the board. Look forward to it.
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It's always fun to sort of follow. I'm not a big baseball follower,
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but I checked the standings about every day to see who's who's square. So
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if you're watching a game on TV, or you know, trying to make
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a practice, if I'm in a major league city, Uh, I used
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to do that a lot when I traveled a lot with business. You know,
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if you were in San Francisco, you go see a game at Candlestick
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at that time, go across. I've tried to see you know, Oakland
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played the Texans. Uh didn't get to see that game. But the pitching
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rotation was altered so the big guy could finish up at home at Cleves games
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in Cleveland at the old stadium when they played the Yankees. But yeah,
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I mean it's it's a great game to watch live. Uh TV sort of
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drags a bit, not so much anymore. Now they got the pitch clock.
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And they used to have some characters. I can remember Pee Wee Rees
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and Dizzy Dean doing broadcast. How old are you, Well, I'm old.
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I can remember Dizzey Dean was he was he was really something on the
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air, right he was. The lines are open. Here's Harvey's here.
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Any questions about the law? And I got a text question hard Okay,
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a good deal. So the number to call is three or four three four
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five fifty eight fifty eight to ask Harvey any questions about the law? Three
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or four three four five fifty eight fifty eight. And this comes from Robert.
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Okay, could you explain what a land contract is, why it is
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sometimes used, and what advantages disadvantages are to the property owner? Okay,
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so land contracts? And then also, are there any county regulations they were
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to make it different in different counties. Well, there are no county regulations
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anywhere that I'm aware of. It would affect the matter in which property is
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financed. And the land sale contract is a mechanism, it's somewhat dated,
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of financing the sale of a piece of real estate. You know, you've
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got a seller who has a piece of real estate they want to sell,
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a buyer who wants to buy. Now, the customary procedure is the buyer
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would go to a lender, a bank, a credit union that's usually the
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source, or you go online to an online lender, loan depot, whatever,
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and you make an application for a loan, and then the buyer is
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required to put up a certain percentage of the sale price as a down payment.
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That's to assure there's enough equity or net cash in the property so that
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if the lender has to take it back if the loan's not repaid, they'll
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be able to make themselves whole. That's just conventional mortgage financing. A land
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sale contract and mortgage financing. The seller actually executes a deed conveys the property
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to the buyer. Now, the seller gets their money right then, because
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the loan proceeds plus the down payment are turned over to the seller. You
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walk away. You have no further interest in the property. You got your
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money. Now the interest in the properties between the buyer and his lef If
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the buyer makes his payments, keep the taxes up, keeps the property insured,
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doesn't let it become two rundown, so that loses value. Well.
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In that case, when he pay off the lender, either at the time
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they resell or when they pay it off over time, they get a release
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that's recorded and the property is there is free and clear. That's the conventional
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method. Now number two, there's what's called owner finance. That's where the
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owner gets a down payment and conveys title to the buyer, but the owner
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stands in place of the lender. They take what's called a mortgage or adeda
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trust. The title passes to the buyer. They own the property, they
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pay the taxes, the insurance, it's theirs. They have the right to
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sell it without any consent from the seller, and they pay the seller back
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over a period of time with the rate of interest. If they don't pay,
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then the seller, just like the lender in the first situation, as
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the right to institute foreclosure, sell the property on the courthouse steps, and
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if it doesn't sell, they essentially take it back for the balance due and
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resell it. That still leaves that leaves the risk of loss with the seller.
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And I can tell you that I always explain the sellers under those circumstances.
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And we're going to get to land sale contract. Just a segment to
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set the stage. You realize you're putting yourself in the banking business here,
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right, And banks when they set their interest rates for loans, they calculate
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they're going to have so many defaults. They operate on maybe a two and
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a half percent default rate. We're going to have to take back one or
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two percent of these properties we loan money on. It's built into our rate.
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Now, if you put yourself in the banking business by being an owner
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financer, and you have one piece of property, then if that loan defaults,
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you have a what a one hundred percent default weight and you cannot build
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that into any affordable interest rate to sell that property. And will be people
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come in and say, well, they won't pay I'd like to forecloses,
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So we'll get ready to pony up about twenty five hundred and three thousand,
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four thousand dollars. Why Well, because you've got to run and had the
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paper. You've got to send out specific notices. You have to have a
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sale conducted on the courthouse steps. You have to write a report of sale.
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You have to take a deed. You got to pay tax stamps on
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the deed. You got to pay recording fees. You got to pay the
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lawyer's fees. You have to go search the title to make sure there's not
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an intervening tax lane. So just get ready, well gosh it say,
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Okay, you put yourself in the banking business. You can't spread the risk.
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You can't spread the risk. Now, those are the two sort of
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conventional title passes to the buyer, risk goes to the lender, or risk
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of law, risk of default days with the seller. Obviously, the clear
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preference for any property owner is tell them to go get the money. If
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they can't bar the money, why do you want to rely on their credit?
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You have a bank want underwrite this. Now you get to the old
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thing called a land sale contract. You the seller enters into a contract with
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the buyer. Mister seller goose to mister buyer and says, you can buy
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this piece of property. You pay me maybe a small down payment, and
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you pay me x number of dollars a month under this contract, and when
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you pay this loan off, I will give you a deed. Don't get
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a release. There's no lean The property stays on the books and the seller's
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name. The buyer takes occupancy, they assume certain responsibilities under the land sale
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contract to pay the taxes, pay the insurance, they care of the up
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keep the utilities, and to pay X number of dollars to the seller every
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month. But on paper, if someone goes to the courthouse, seller still
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owns the property. The taxes stay in the seller's name. If a win,
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the property is either sold to a third party or the money's paid off,
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then the seller executes a deed transferring the title of the pri property to
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the buyer. That is the third that is the least preferred. It is
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the most fraught with problems for a seller and a buyer. Now, the
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seller may prefer it because it gives them an interest in the properties to get
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their money back without foreclosure. But what do you do if you're a seller
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and the buyer who has this contract runs down to the courthouse and puts it
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on record for their protection. Okay, then the buyer can't pay the money
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and they depart for warmer climbs for parts unknown. Well, then you've got
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a contract on record that that is a cloud on your title, and nobody
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to sign a release or any notification that that contract's expired. What do you
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do? So then you can't do much with your property unless you want to
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spend the money to go bring an action to quiet title in the circuit court
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and have it cleared, or unless you want to continue to do business and
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sort of the underground real estate market and sell it again to another buyer who
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can't buyer the money, can't make a down payment, and who's risky.
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We don't refer them. We don't like to write them. If I write
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one for anybody, oh I just don't do it because I'm too old with
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that. I just tell people, Look, you want to do this,
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you can do it, but it's just going to have problems on both sides.
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What do you do if you're the buyer and it's mont Paul Kettle,
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who are in their eighties who sell you the home place? And if Mont
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Paul Kettle die, you pay off the loan to somebody, well who you
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can get to sign the deed? Well, nobody probated Mont Paul Kettle's estate.
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Do So, you're sitting there with a piece of property title to somebody
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else, the titles vested in someone besides who you had the contract with,
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and it's up to you to sort it out and to pay the money and
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spare the money and expense. It's not recommended. I don't recommend them to
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anybody. I mean, if you want to do it, it's a property,
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enter and take that chance. You can take the chance. But remember
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when the thing go south, don't come back and wind to the lawyer about
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how much it's going to cost to straighten it out, because you were warned
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to start with. And that would be my moment. On landsale contracts,
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they exist, people use them, They're unfavored, they're fraught with risk for
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both sides, and it's not something that we would recommend that the Peyton Law
12:31
Firm or even do if you ask us to do it, to be honest,
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because it's just too much trouble down the road. Right, Okay,
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all right, so there's the text question. Yeah, yeah, I think,
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thanks you. So we're going to take our break and the phone lines
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are open to three oh four, three four five fifty eight fifty eight.
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Three oh four three four five fifty eighty fifty eight. Harvey Payton is here
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with the Peyton Law Firm in Nitro again three oh four, three four five
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fifty eight fifty eight. It's eight thirty five byck in a moment on five
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eighty w Why is it clear? Financially when the bills file up and the
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insurance company refuses to pay, you need an experienced team on your side.
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For more information, go to Paydentlawfirm dot com. Coming up on Metro
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on us. What's the power of beton on your side, the power of
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eight thirty six on five eighths the voice of Charleston, and you can give
15:15
us a call three oh four three four five fifty eight fifty eight. Three
15:18
oh four three four five fifty eight fifty eight. And then also and I'm
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going to pass along. Yeah, I'm gonna pass along the text line too,
15:28
because we have a couple of people want to text. So I'm going
15:30
to pass that on in just just a second. But three oh four three
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four five fifty eight fifty eight three or four three four five fifty eight fifty.
15:37
So the governor he did completed his duties. It let a couple of
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bills go into law without his signature, the unemployment bill and the raw milk
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bill without his signature. And then but did veto the vaccination? Yeah?
15:56
Well yeah. The governor has the option when the legislat after the legislature can
16:00
includes a sixty day session, then they no longer have the right to override
16:03
a veto what they can do with the simple majority. So bills that are
16:06
on his desk when the session ends, the governor can sign him into law,
16:11
generally bills that they want to sign, or they look at you as
16:14
a public look for a good boy, I am. You want to sign
16:18
those, you can have a signing SECRETIPS ceremony if you've got a veto of
16:21
the bills. I mean, he vetoed one right off the bath, the
16:25
two million dollars for research funding at WVU. I think the reason it was
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because it was larded up with four million dollars of sort of undesignated funds.
16:34
And I can understand that veto didn't look good. It looked as if he
16:38
was against Alzheimer's research. But that wasn't the explanation. My guess is to
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revisit that sure I revisited and traveled down. Or the governor can just wait
16:48
for a certain period of time after the session adjourneds and bills that he hasn't
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vetoed just become law without his signature, which was the raw Milk bill.
16:57
I mean, those aren't you don't already have an objection to him, but
17:00
you don't want to put your name on them necessarily, So well, let's
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let it go into law and that the governor course can exercise his veto authority,
17:07
which he did. And one of those bills was the bill that would
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have weakened the mandatory vaccination of children. I expected a veto. I didn't
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think that the governor when he took a position that was pretty strong in favor
17:22
of vaccination during the COVID crisis, and given the fact that he was into
17:26
public schools. He's a coach at a high school in Greenbrier County, and
17:32
you've got the teachers, got school nurses, you've got all the pediatricians,
17:37
the pediatric associations, public health officers saying look, if you take this first
17:42
step to weaken vaccinations, you're endangering the general well being of our young people.
17:48
And in light of that, the bill, Now there are those in
17:52
the legislature who say, well, this is another step towards our freedoms.
17:57
Quote free, Well, to me, that implies I mean, I find
18:02
that offensive. First of all, there's a difference between freedom, liberty and
18:07
license. That is a license to do whatever you want to do, anytime
18:10
you want to do it, regardless the the fact it may have on the
18:14
community at large or the public good as determined by the collective spirit of the
18:18
people in the community. That means licentiousness, That means anarchy, that means
18:23
it's not local control. When you say, well, an individual teacher gets
18:29
decide whether he carries a gun, not the Board of Education. Well,
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that's not local control. That's simply individual license to do what you want to
18:34
do, regardless of the sense of the community in which you live. So
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we'll set that aside. And it was a good thing we have. You
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know, if you say, well, our freedoms dictate that we don't factually
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our children would apply to me that. When I grew up in the nineteen
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fifties, I mean, I can remember the fear of polio. I can
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remember people I went to school with. I can name you three lawyers that
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I knew from Saint Albans who had a limp, who had visible deformities because
19:08
of polio. I can name you children who were near my age who were
19:14
in an iron lung in a hospital in Milton because of polio. That parents
19:18
were terrified in the summertime, if it was a hot summer, that the
19:21
polio virus. We had a president of the United States who was confined to
19:25
a wheelchair for the balance of his life, who had polion. How we
19:29
delightfully, I didn't not delight for me. I didn't want to get a
19:32
shot. I was a little kid when we got the first vaccine. When
19:34
the second vaccine, you know, the ooral came out, people lined up
19:38
by the hundreds at various schools to be vaccinated. I have a small Parks
19:44
vaccine mark on my arm, as most people in my generation. A disease
19:48
has been eradicated by it, but it's there. The virus is there.
19:53
It's there in nature. The measles virus is there, and then the mumps
19:57
virus through bellovirus, the whooping golf virus is there in nature. It's held
20:02
at bay by vaccinations. So were we less free when Dwight Eisenhower was president
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and America stood as a beacon of freedom and democracy around the world. Where
20:12
we less free? When John Kennedy said, let the word go out from
20:15
this play forward, painting price, barony, burden for liberty, freedom,
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You know where were less free? When Ronald Reagan was president, talked about
20:23
the nation as a shining because we had childhood vaccinations. Foolishness. It's simply
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an appeal to individual license to get votes period. Paragraph in my masturbations,
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I think the governors to be applauded. He probably could have gotten more votes
20:38
from the Waco crowd had he signed the bill, but he did the right
20:44
thing. And you know he did the wrong thing on the solar energy bill
20:48
earlier in the week, vetoed a solar energy bill that was supported by almost
20:52
every economic development entity, by the power company, by a clear majority of
20:56
the legislature because you said it would quote hurt the coal in street. Well,
21:00
he's in the coal business. You couldn't have a conflict of self interest
21:04
anymore apparent than that. But he's redeem himself now with this. So we'll
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see. Now the thing we'll really see about, like the idea about the
21:12
text. That's a good thing because a lot of people don't call. I
21:15
mean, I've heard people say I'll call the office, but I didn't want
21:18
to call in the here because people recognize my voice. Well, if we
21:21
have a text, that's good and that's like our in our office. You
21:23
get a Peyton Lawfirm dot com if you've got a question, say you've had
21:27
an automobile accident and you're not sure whether you need a lawyer or not.
21:32
You don't know whether Well it might be the biggest law firm in the world
21:34
talking to me on the radio, but you know, I just don't know
21:37
about that they say the guy is not not a license in West Virginia.
21:41
I'd like to talk to somebody that I could know. Well, you can
21:45
go online to our website Peyton Lawfirm dot com and you can send it's essentially
21:49
a text to chat an email that only comes to either me or my son
21:52
Tom, and we just get right back and answer those usually within the day.
21:56
Sometimes I'll wake up at night sometimes, like everybody does, you get
22:02
a bit early two o'clock in the morning, Bang, sit down and get
22:06
your phone and answer your emails. That's a really good thing, and that's
22:11
one of the things that we do at our office that we're here to help
22:17
you. We would like to help you if you've got the case. Obviously,
22:22
our primary source of inkuy. My primary work is civil plaintiff oriented.
22:27
That is consumer oriented. Litigation include automobile accidents, industrial accidents, so security
22:33
disability. It also includes disputes you've got with an insurance company. Some people
22:40
may have a dispute about titled to the real estate. That's also a litigation
22:44
matter, and I've handled those quite frequently. It may involve how you feel
22:48
someone has done you wrong through the administration of an estate or in the state's
22:52
being improperly administered. You know, a lot of these estates involve a lot
22:57
of money, and we get a lot of money on the table, and
23:00
some you know, the folks who will qualify as personal representatives or relay people,
23:03
maybe they don't get the right advice. Maybe they get a little Larscitie
23:07
in their heart. Maybe you just need to understand what the process is.
23:11
You can call us and you know, if it's something we can help you
23:15
with, we'll deal with it on the tele, on the on the email,
23:18
back and forth. And then when it's the point, well you need
23:21
a lawyer, you need to come in and talk to us. We'll talk
23:23
to you about what we have to be paid to do this. You can
23:26
pay us and we'll do the job, and we do a really good job.
23:30
Excuse me, I've had a cold since I got back and down last
23:33
week. And if it's an if it's a case it's of a contingent nature,
23:38
as an automobile accent case or insurance matter, then generally that they require
23:45
a lot of work and the investment of a lot of resources. Our recovery
23:48
is contingent upon your recovery, so we don't get paid unless you win or
23:53
we are able to get you some money or something of value to make right
23:57
for the wrong that was done to you. So that's why I'm glad to
24:03
see we do some tax. They get taxed in a lot of places,
24:04
and we don't have a tax to a call right now, I don't think
24:08
so. I want to say one other thing about in May. Again.
24:14
We talked about this last week, but please remember, you know, because
24:18
of the disproportionate sort of super majority in you know, Republican voting in the
24:22
state, some Independents, some Democrats that may shy away from the polls,
24:30
but you do have somebody to vote for. Everybody has someone to vote for
24:33
in this election. That's because we have two seats on the Supreme Court.
24:37
Now they're unopposed right now. Then they're going to be out apposed. That's
24:41
Hailey Bunn, Justice Bunn. And we've got a new person, Charlie Trump,
24:45
who's the Senate Judiciary chairman right now, a good man from over in
24:49
Berkeley County. And then we've got a seat available on the Intermediate Court of
24:55
Appeals. And we've got a canaw County wonderful candidate and Ryan running for that
25:00
I think there's someone else, maybe from a couple more wheeling, but that's
25:04
on the ballot. And then every circuit judge and every magistrate, they're all
25:11
up for election and there's no primary. It's a non partisan race. The
25:15
person with the votes or the plurality of the votes in the May primary for
25:18
these judicial offices, that is who your judge, magistrate, Supreme court justice
25:25
is going to be. So they're selecting people who have the right to exercise
25:30
their judgment over you. Now, they won't take office or be sworn in
25:36
if it's a reelection until January the first of twenty twenty five, but the
25:40
election is dismay. It's important to remember that even if you think, well,
25:47
you know, I've always been a Democrat. I'm not going to change
25:48
my registration. I'm not going to go vote. I'm not going to send
25:52
in an early voting. I'm not going to send in an absentee because hey,
25:56
what the heck I don't have but one can it? Well, you
25:57
do, and it's really important. Every one of those judicial candidates that's on
26:02
the ballot is an important vote, and you should go vote and express your
26:07
interest in who you want to exercise their judgment over you period in here in
26:15
Kanawak County. That actually there's an additional seat and an additional circuit judge.
26:21
Right, we've got two two in Kanah County because Kanah County is a busy
26:25
county, and they've now got an eighth circuitjise and an act what's eleventh magistrate?
26:29
Yeah, I think so eleven. Yep, we're going to be elected
26:33
fresh and new. I think there's one contested case on the circuit judge.
26:38
Yeah, there's a contested race there in that forge lightly kind of lightly.
26:41
It's a long time quite experienced judge being challenged a grudge match by Greg Thomas.
26:48
His girlfriend is running because Greg's mad about Judge Bailey's ruling in a case
26:52
that's pretty much boils down to that alless. She takes a beautiful grammar glamour
26:56
shot and will say that, but it's really important that you get out and
27:00
express yourself in these judicial elections. Maybe twelve years on the Supreme Court,
27:06
now those are uncontested eight years for circuit judges. So if you don't vote
27:11
and you go to court and so I'm not happy with that judge, Well,
27:15
if you didn't vote, you didn't express yourself, you don't have any
27:18
ability to complain. Samely with the legislative rations. Of course, that just
27:22
goes to stands to reason. If you don't vote, don't complain, If
27:26
you're not a part of the system, don't complain. You know, I
27:30
have my views about how things should run. But there are my views and
27:34
I and the other important thing is if you lose, you just lose.
27:37
Everybody's entitled to a fair shot. And if you have a fair shot on
27:41
an election, you play by the rules that prevailed during that election cycle and
27:45
you lose. Well, American democracy says, you go on. You have
27:51
to accept the fact you're not always right. That's the definition of liberty,
27:55
right, the definition of freedom in the United States. Three or four three
27:57
four five fifty eight fifty call for Harvey lines are open three oh four three
28:02
four five fifty eight fifty eight. Three oh four three four five fifty eight
28:07
fifty haven't heard anything from the state Supreme courts on yet on the certified question
28:12
asked by the Fourth District Court of Appeals or in case and the opiod,
28:18
Well take a while. You know that there's a thirty days period they're going
28:22
to be brief foul responses filed, probably some moral argument, I mean,
28:26
not that case. There wouldn't have to be order arguments, right, they
28:30
doesn't have to be. No, they can take industry is the rule twenty
28:33
and just dispose of without argument. But that's a pretty big issue. I
28:37
would think the court will take some time, may not be decided this term.
28:41
It's a certified question, doesn't have to be and they got it late,
28:44
so that could be we're not going to hear from that one until they
28:47
could actually come up with the schedule, right, And if they're going to
28:49
and then put out a schedule, they'll put a scheduling order out, which
28:52
is customarily what's done, and then you'll generally get an idea of what an
28:56
opinion's going to be coming. Now. You can look at all the schedules
29:00
online on the Supreme Court's website. One big thing that's happening locally is the
29:06
Circuit Court of Kanawa County come April first, will be a part of the
29:11
e filing system, one of the last counties in the area to adopt e
29:17
filing, which is a really big boon to the public. You can't really
29:23
see it next week. Yeah, but embedded in the litigation process. Embedded
29:30
in the court process is the logistical procedure of getting an action filed and keeping
29:38
up with what happens in a case, and scheduling hearings and getting scheduling orders
29:45
posted, all of which, if you do not have electronic filing, requires
29:49
someone to physically mail a document, someone to physically take a document to the
29:56
courthouse, someone to physically go to the courthouse and inspect a to look at
30:00
a docket sheet. Now that's been done away with in the majority of West
30:04
Virginia counties, and now Kanall County is coming online. It's called e filing.
30:10
Attorneys qualify. Individuals can access e filing as well, but you have
30:15
to sort of qualify after someone in your office that's familiar with the manner in
30:19
which documents are to be filed and classified. Now this is unified, and
30:23
the e filing system is uniform statewide to all circuits. But for instance,
30:30
it means that in my office, one of the things I've got to do
30:34
today when I leave here is go to the courthouse and file a petition which
30:40
needs to be filed immediately. Can't wait until next Monday, So I will
30:45
be doing that well, a part of what you charge a client for that
30:51
service has to be your time's parking fees whatever. For the physical act of
30:56
going to the courthouse. After next month, it will involve preparing those documents
31:03
at your desks, converting them to a PDF format, having an account with
31:08
the circuit clerk where the costs can be levied, and boom efiling that and
31:15
then the clerk issues the summons, you get it back, you can download
31:19
it, and after that, everything that's filed is filed electronically. Answers are
31:25
filed electronically, Motions are filed electronically. You can go online and look and
31:32
see what has happened in a case. And that's a really really good thing
31:36
for the public. It's going to make things more efficient. It's going to
31:41
make litigation move more quickly. Not too quickly. I mean, you don't
31:45
want it to be too quick because you've got to have some time to deliberate
31:48
and think about what you're doing. But I think it's a really good thing
31:52
and the circuit clerk in Cana Accounty should be applauded for. Even though it's
31:56
late, it's better late than never, and it's a much bigger office so
32:00
it's taken some time. That's criminal and civil. Oh yes, right,
32:02
indeed, it's everything, criminals, seminole, civil, miscellaneous, name changes,
32:09
adoptions of domestic relations, the customary civil case, criminal matters, everything.
32:17
Now that doesn't apply to the magistrate courts yet. Now the next step
32:23
for Kanawha County and as the fall election approaches, after we get past the
32:30
primary, I would hope that one of the questions that would be asked of
32:34
candidates for the Kanawha County Commission whin they come or if they come on shows
32:39
on this station, is what are you going to do about making your public
32:43
property records available online? I can go, I can sit at my desk
32:49
right now, I'm helping a longtime client who is making a purchase in Wayne
32:53
County. Now do they want to try and go find a lawyer in Wayne
32:59
County that they don't know? And I've never had any business dealings with take
33:02
a chance to get someone competent to take a look at certain records to see
33:07
what the status is. Well, no, do I want to charge them
33:14
for the It takes about an hour byron fifteen minutes to drive from Nitro to
33:17
Wayne. Well, you've got so you got three hours tied up in just
33:22
on turnaround time. But I can sit at my desk and look at the
33:29
property indexes in Wayne County on my computer, and in Lincoln County and in
33:34
Campbell County and Pocahontas and Logan and Monroe and Greenbrier and any number of other
33:39
venues. But I cannot do that with Kanawah County, and neither can anybody
33:44
else. And the records are all on computer. If you go to the
33:46
record room in Kanawac County, if you're wondering about the status of a piece
33:51
of property or a lean or a tax lien, you can go to a
33:54
computer terminal, no charge, put in the names in the index, and
33:59
there you see it. Now, for whatever reason, that's not available online,
34:04
and I've talked about it for the last several years. I don't know
34:07
why, but perhaps if the candidates for county commission or even the Sinning Commission,
34:12
I mean Ben Slanguo likes to come on and talk about the sports center,
34:15
and I think that's a wonderful thing. But it would be a lot
34:17
more meaningful and save more money for people who live in this county to have
34:21
the records online than to plan for the future of a bunch of squash courts
34:27
where the Macy's building used to be. That's just my thought about there he
34:30
goes. And maybe you can ask Ben the next time he's on or Dave
34:34
can over here, or the candidates for County Commission, why they can't put
34:37
the property records online so that all the citizens have access to them, not
34:42
just to select group of people who may be lawyers or title searchers or whoever.
34:45
Because you're already converted. Yeah, they're converted. Sure, And then
34:50
they have some really interesting records in Kanawa County. They go back a long
34:52
way. Well, they go back to the seventeen eighties deeds up Georgia,
35:00
Washington, deeds that have Daniel Boone's name on them. You know, a
35:05
large part of for instance, like Sleepy holl Golf Club in Hurricane. If
35:08
you go back to look for the deed, the initial conveyance to the family
35:15
from which that land evolved, it's a deed in Kanawha County because all the
35:21
parts of Putnam County up to the what's now the Tays Valley District, the
35:24
Scott and Curry districts were part of Kanawha County the rest that was part of
35:30
Mason County. And you know, so you've got to splitch. I mean,
35:36
before about eighteen forty, you've got to split your look between the two.
35:39
It's pretty fascinating. I always sort of liked property work. I never
35:43
did want to do it on a scale that real title lawyers do. From
35:51
Bob Hall from up chess Peake, he's one of the better ones around,
35:54
and you know, but it was always sort of like putting together a little
35:59
pun and you see some really interesting things who owned what, and how property
36:02
to evolve from one person to another, and a lot of history of the
36:07
area. In fact, it's tied up in that. Now Easter is coming
36:12
up. Let's not forget about that Friday. We're closed on Friday. It's
36:16
a good Friday, It's really it's quite a significant day in the Christianity.
36:22
It's quite a significant day in the world indeed. And then Sunday, of
36:25
course, is the most important holiday, the most to celebrate, the most
36:30
important event, most significant event to sort of the Christian religion and I think
36:37
most other mainline worldwide religions all devolve around some some hope of eternal salvation whenever
36:52
however, it manifests itself, so it's really important. And I just hope
36:55
it's early Easter. This was the earliest vernal equinox in one hundred and twenty
37:01
eight years, and easters after the vernal equinox the rebirth time spring starts.
37:09
So let's not forget that. We won't forget it. We won't be working
37:14
on Friday. We'll be closed and we'll have a message on our machine telling
37:16
you that. But we'll be open on April the first, which won't be
37:19
April Fool's Day if you call the Peyton Law Firm, because we won't fool
37:22
you. Yeah, we'll be honest. First Avenue in Nitroy eight o one,
37:27
First Avenue in Nitro. It's gorgeous this time of year. The trees
37:30
are blooming across the street by the railroad tracks. And Nitro is an old
37:32
community, so a lot of the older houses have these nice stool of trees
37:36
in the yard and bazalea bushes that have been there forty and fifty and sixty
37:40
years and they bloom out. It's just a really nice time to be a
37:45
Nitro and there's always a good time to call the Faint Law Firm. Indeed
37:47
it is seven five five fifty five fifty six or pet Law Firm dot com.
37:52
We we're our time. Oh gosh, I'm sorry. Well, I'll
37:54
see it. Either I will see you or if I will see you,
37:58
We're talking to you folks next week. If you have any questions, do
38:01
not fear to call our office here four seven five five fifty five fifty six,
38:07
or go online to Peyton Lawfirm dot com board stop buy and see us.
38:10
That's even lyser we'd like to see hers. Mary Harvey. Good seeing
38:14
you. Happy Easter, all right, stay tuned. ABC News is next
38:17
on five eighty WHS five adwhsay six point five Am. Charleston had one oh
38:27
four point five Cross Lanes WVRC Media Station. We are proud to live here
38:31
too. From ABC News. I'm Sherry Preston in Baltimore. Today, CRUZ
38:40
will begin removing the wreckage from the collapse of the Key Bridge. Investigators still
38:45
don't know what caused that container ship to slam into the bridge after losing power,
38:50
but ABC's Gio Benitez in Baltimore says they are hoping to find out more
38:53
information in the coming week. The NTSB gaining access to preliminary data from the
38:58
voyage Data Record, the agency hearing audio which hasn't been released yet from the ship's bridge