Latest / WCHS Network Podcasts / 10/10/24 Ask the Lawyer with Harvey Peyton

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10/10/24 Ask the Lawyer with Harvey Peyton · WCHS Network Podcasts

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Speaker 1: Unlock your dream property with Meeks Realty Group, where Rich
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0:17
Speaker 2: Put the power.
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Speaker 3: Of Peyton on the side.
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Speaker 2: We have the court room experience. Sech you need, We
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Speaker 2: never give up.
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Speaker 1: We're prepared to fight for your rights when you need action.
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Speaker 4: Count on Us.
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Speaker 1: Puts the power of Payson on your side, the power.
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Speaker 5: Of being and if very pleasative Penty to you. You're
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Speaker 5: listening to the power of painting, you can put it
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Speaker 5: on your side. This morning, you need to text us
0:50
Speaker 5: this morning, though we have some things going on in
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Speaker 5: the studio, our phone lines are temporarily unavailable this morning.
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Speaker 5: You can text over your questions or comments for Harvey Payton.
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Speaker 5: The threez are a four none, three five five zers
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Speaker 5: erre eighth four nine three five five zero zero eight.
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Speaker 5: Harvey Payton here from the Peyton Law Firm. Harvey, good morning,
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Speaker 5: how you doing this morning?
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Speaker 3: Good morning. I want to say this. I think this
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Speaker 3: is part of a conspiracy. They be amorphous. They they
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Speaker 3: being the choosing nobody you really despise and don't like
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Speaker 3: have somehow jocked our phone lines. We can't get calls
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Speaker 3: from liberals.
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Speaker 5: That's right, man, others you know that's true, that's true.
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Speaker 5: You wouldn't believe being in media we are part of
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Speaker 5: every conspiracy.
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Speaker 3: Well you certainly are.
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Speaker 5: If anyone what side you have, it's a.
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Speaker 3: Well deserved charge. I might say, well, I want to
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Speaker 3: start off this morning and hopefully we'll get some call
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Speaker 3: or some texts about the law. If anyone has an
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Speaker 3: issue you feel like you need to ask for some advice,
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Speaker 3: or you think, well do I need a lawyer on this?
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Speaker 3: Or have I suffered a loss? Text us or if
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Speaker 3: you can't get through don't want to come on the
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Speaker 3: air with a text, give our office a call at
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Speaker 3: three oh four seven five five fifty five fifty six,
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Speaker 3: or go online to paid Law Firm dot com P
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Speaker 3: E Y T O N Peyton Lawfirm dot com and
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Speaker 3: drop us an email which only comes to either me
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Speaker 3: or my son Tom and we'll get right back with you.
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Speaker 3: Mean our wheelhouse is injury claims on behalf of plane offfs.
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Speaker 3: People who feel they've been injured. It could be a
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Speaker 3: car wreck or a trucking accident of work injury. Or
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Speaker 3: it can be a damage to your real estate. Somebody
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Speaker 3: came on your land, cut your timber, your house has
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Speaker 3: collapsed because of a neighbor's irresponsibility, or can be a
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Speaker 3: contract dispute and dispute with an insurance company. Any of
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Speaker 3: those things pretty much in our wheelhouse. You know. We're
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Speaker 3: in Nitro, West Virginia, the first business actually in Putnam County.
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Speaker 3: The line across is about eighty feet from our front door,
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Speaker 3: and we are on the Putnam County side. We have
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Speaker 3: a lot of clientele in Putnam and Mason, Western Kanawh County,
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Speaker 3: Cross Lane, Saint Albans. We're really really local. For instance,
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Speaker 3: today is a special day for me because my lovely wife,
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Speaker 3: Jennifer Alice Bailey Peyton Oka dot for a Poka cheerleader.
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Speaker 3: Is today's her birthday, October the tenth, and I'm not
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Speaker 3: going to say the year under threat of banishment, correct,
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Speaker 3: but happy birthday Jennifer. Another local. We've got a lady
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Speaker 3: from Saint Albans who grew up at Nitro, a lady
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Speaker 3: from Charleston who grew up I'm thinking so Charleston, our
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Speaker 3: receptionist who's been there thirty years, grew up and still
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Speaker 3: lives in Buffalo. Tom and Marianne are both from Saint Albans,
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Speaker 3: now living Hurrican. I grew up in Saint Albans, now
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Speaker 3: live in Hurrik and lived in Nitro. So we know
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Speaker 3: our way around and that means a lot when you're
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Speaker 3: looking for a lawyer to help you with a problem.
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Speaker 3: We know the lay of the land, we know the judges,
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Speaker 3: we know people who've been in the community forever, and
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Speaker 3: we take me pride in that. Now. We did did
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Speaker 3: have one get away. My youngest boy, George Peyton. He
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Speaker 3: finished up at Marshall and went to school in Louisville
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Speaker 3: and got a degree in food service and it was
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Speaker 3: a chef And they relocated about twelve thirteen years ago
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Speaker 3: to Swanna Knowa North Carolina and they're not coming back.
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Speaker 3: Swanna knowa may Ring a Bell. It is a working
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Speaker 3: class enclave between Black Mountain and Ashville, which was utterly
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Speaker 3: devastated by Hurricane Helene went down to see George last week.
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Speaker 3: We got the roads open so we could get out
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Speaker 3: of town, so we met them at a residence inn
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Speaker 3: near Winston Salem, so they could spend two days doing
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Speaker 3: laundry and actually take a shower. So ay, last night,
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Speaker 3: great news. I got a text. Our power came on.
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Speaker 3: So they have electric at their house for the for now.
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Speaker 3: They don't have electric at their shop down in the More,
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Speaker 3: I mean by the river part of Swanna know, but
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Speaker 3: they do power over no running water and it'll probably
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Speaker 3: be weeks on that because of the utter destruction of infrastructure.
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Speaker 3: But we're really happy about that. George has power, so
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Speaker 3: there is work being done. Oh yeah, well, you know
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Speaker 3: the George is much distressed as is, he says, most
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Speaker 3: everyone else in town about said. You know that there
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Speaker 3: is a FEMA sub headquarters across the street from our shop.
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Speaker 3: I walk over and talk to officials about how do
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Speaker 3: I get my employment started. Here's your seven hundred and
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Speaker 3: fifty dollars, here's what we can do for you on
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Speaker 3: they're there, and you know there are police forces from Mississippi, Louisiana,
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Speaker 3: all over North Carolina there to put things in order,
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Speaker 3: and the FEMA organizational staff is coordinating the construction along
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Speaker 3: with the city. What are these rumors about? They just
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Speaker 3: they just hurt people's feelings, and we're all friends down
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Speaker 3: there saying why are we being victimized and exploited by
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Speaker 3: people from Georgia or Florida, or California or somewhere on
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Speaker 3: the campaign trail. They're just he said, they're just lies.
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Speaker 3: One isolated incident, I think a helicopter pilot got crossways
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Speaker 3: with a deputy share if who threatened to arrest him
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Speaker 3: for an an authorised landing, and that immediately blossomed into
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Speaker 3: some story that aid is being turned away because the
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Speaker 3: Hill country of North Carolina's read it just preposterous, hurtful,
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Speaker 3: Unamerican lies. And it bothers me because it hurts my
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Speaker 3: son's feelings. And I had to admit I've been kind
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Speaker 3: of brusque with a couple of people lately when I
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Speaker 3: heard that stuff started, because I see, you know, well,
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Speaker 3: do you go stand in the phone booth and weave
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Speaker 3: your conspiracies and you know, to get this nutjob wants
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Speaker 3: to say Marjorie Taylor Green, who thinks now says that
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Speaker 3: somehow liberals made the weather.
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Speaker 5: Bad, she's frankly, she's an embarrassment.
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Speaker 3: Well you think she would be apparently not in some
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Speaker 3: district in Georgia, in any event. So one good thing
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Speaker 3: now the Mountaineers are playing. They one I did not
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Speaker 3: predict them to win, had a big win for Marshallo
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Speaker 3: over Appalachian State. So yeah, we got sort of a crossfire.
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Speaker 3: I was out of town last weekend. This weekend, Tom
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Speaker 3: and Mary Anne they're they're out of town, uh on
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Speaker 3: some business. Uh. Jennifer after a birthdays and her sister
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Speaker 3: are going on a little weekend der to celebrate golf trip.
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Speaker 3: And so I had tickets, but you know, it's an
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Speaker 3: eight o'clock game, and really sorry to rustle up people
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Speaker 3: for that. So here's what we did at our website,
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Speaker 3: Peyton Lawfirm dot com. On our Facebook where you can
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Speaker 3: go look at us little slips that said enter to
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Speaker 3: win and a coffee can and just dropped your entry
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Speaker 3: in there. We had a good number of people that
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Speaker 3: came by the office and dropped them in. And then
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Speaker 3: deal was, you know, you will have a drawing the
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Speaker 3: close of business yesterday and the name it's drawn out,
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Speaker 3: it's our four tickets and they're good tickets. They're Row five,
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Speaker 3: Section two, sixteen, seats thirteen through sixteen and there so
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Speaker 3: they're right on the forty yard line and a blue
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Speaker 3: lot parking pass. So the name that I drew out
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Speaker 3: was Shannon Forbes, who is a resident of Scott Depot,
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Speaker 3: West Virginia, right now in Putnam County. So here's the thing, Shannon,
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Speaker 3: if you're listening, or if you hear about this, or
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Speaker 3: if you call the office to check, you can come
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Speaker 3: by anytime today or tomorrow pick up the tickets in
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Speaker 3: the parking pass. If you don't mind, when you come in,
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Speaker 3: we'd like to take your picture so we can put
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Speaker 3: it on our Facebook page as the winner. Now, of
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Speaker 3: course you say no, I don't want to do that. Hey,
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Speaker 3: that's fine too. The tickets are yours. We hope you
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Speaker 3: have a great time. Like to hear from you when
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Speaker 3: you get back. I may be there today if you
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Speaker 3: come by today, probably will be tomorrow. I've got a
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Speaker 3: lot of errands to run today. So there you, Shannon
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Speaker 3: Forbes of Scott Depot, which is actually was a depot.
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Speaker 3: That's all I got its name. It was still standing
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Speaker 3: even during my lifetime. Next door to a place called
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Speaker 3: ham and Glass Company. There was a glass blowing manufacturing
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Speaker 3: facility right beside the Scott Depot, near the rail crossing
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Speaker 3: and at the end of Ham and Drive. Remember it. Well,
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Speaker 3: now it's all changed, of course. Now it's all residential
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Speaker 3: community and the cross has been widened and there's you know,
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Speaker 3: nobody knows how the place got its name because it
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Speaker 3: sort of expanded the post offices clear up by Kroger's.
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Speaker 3: But we're really happy to be involved in the community
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Speaker 3: and help out. You know, I hope that the family
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Speaker 3: of the Forbes family or the Forbes and their friends
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Speaker 3: have a really great time. Now. One thing I wanted
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Speaker 3: to mention, you know, politics is funny. The last was
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Speaker 3: it last Thursday or Thursday before I left, And in
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Speaker 3: the green room turned around the corner to go in
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Speaker 3: the door in the green room, and there was a
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Speaker 3: Senator Capito. And you know, I'll say this, I would
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Speaker 3: say probably I agree with maybe eight percent of the
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Speaker 3: policies that Sentator capital espouse us. But she's a lovely person.
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Speaker 3: She's you know, she greeted me, oh, how great to
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Speaker 3: see you again, and you know, very personal. She looked
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Speaker 3: really good because she was fashion me dressed. They were
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Speaker 3: getting ready to go to a presser I think now
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Speaker 3: at the Electric School bus factory. But she's well mannered
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Speaker 3: with her dad you know, her dad was a gentleman.
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Speaker 3: He got in trouble. Her mother was a wonderful person.
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Speaker 3: I don't know she had a sister, Lucy. I think
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Speaker 3: I didn't know her. But she's just a lovely, polite person.
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Speaker 3: It makes me wonder how she's got to go to
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Speaker 3: sit in a quiet place sometime and just pray that
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Speaker 3: she'll get somebody besides Donald Trump to support somehow. It's
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Speaker 3: got to be to me. I would just think in
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Speaker 3: her heart of hearts, she's more like this Cheney than
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Speaker 3: Marjorie Taylor Green. But anyway, that was a big deal
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Speaker 3: for me. Now the other made your Republican political figure,
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Speaker 3: Jim Justice. There's a headline and there was a story
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Speaker 3: on Metro News about the Greenbrier and another advertised sale
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Speaker 3: of the Greenbrier, and you can go online at Metro
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Speaker 3: News and read it. It's the lead stories written by
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Speaker 3: Brad Michael Hanning and Jeff had a little bit about it,
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Speaker 3: maybe fifteen seconds or so on the news. I would
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Speaker 3: caution you folks not to make too much of that.
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Speaker 3: I mean, Governor Justice has had problem after problem with
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Speaker 3: finances and defaults and things that I personally think are
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Speaker 3: disgraceful from the standpoint with holdings that aren't paid. But
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Speaker 3: you look at this what happened here, as I see it,
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Speaker 3: a loan that the Justice Enterprises had with JP Morgan
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Speaker 3: got into fault. They couldn't pay. JP Morgan got tired
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Speaker 3: of fooling with a non productive loan, and they sold
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Speaker 3: it to a debt collection company in New Jersey who
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Speaker 3: immediately declared the full balance doing owing and instituted a foreclosure,
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Speaker 3: proceeding to sell the sixty one acres upon which the
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Speaker 3: Greenbrier Hotel itself and its parking area sits, not the
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Speaker 3: golf courses, not the sporting club, but the hotel itself.
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Speaker 3: And that was advertised as it would be to take
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Speaker 3: place on the courthouse steps in Greenbrier County, and as
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Speaker 3: not unexpected in these cases, there was an attempt by
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Speaker 3: the Justice interests to stop the sale, some court intervention
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Speaker 3: in Greenbrier County, but before there was a hearing on
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Speaker 3: I believe August twenty second, it was announced, Hey, the
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Speaker 3: sale is off and we've got a settlement. And the
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Speaker 3: terms of the settlement as I read them, I haven't read.
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Speaker 3: The specific agreement is we're not waiving any default, we're
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Speaker 3: calling off the sale based upon the agreement of the
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Speaker 3: Justice companies to pay a specific sum certain which I'm
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Speaker 3: sure is less than the balance claimed. I mean, the
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Speaker 3: creditors taking a haircut to get their money to be
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Speaker 3: paid honor before October twenty fourth, game sixty days right,
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Speaker 3: and the trustee, as they're entitled to under the terms
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Speaker 3: of the Lean Agreement, then continues to sale indefinitely. So
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Speaker 3: what has happened this week is another advertisement for sale
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Speaker 3: has been published in the paper in Greenbrier County, which
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Speaker 3: has all of the appearances well there's another default or
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Speaker 3: this is some other shenanigan on the part of the
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Speaker 3: Justice interest, But that I would say in fairness that
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Speaker 3: is not necessarily the case and probably not the case.
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Speaker 3: What appears to me what's happened here is, you know,
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Speaker 3: payment is due October twenty four in order the sale
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Speaker 3: that is advertised currently is set for October twenty five.
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Speaker 3: In order to schedule that sale under the terms of
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Speaker 3: the Lean Agreement for October twenty five, notice has to
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Speaker 3: be published once a week for two successive weeks before
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Speaker 3: the sale date. And why did they do that? Well,
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Speaker 3: because the creditor says I want paid. They're keeping the
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Speaker 3: pressure on. We didn't wave the default. We agreed not
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Speaker 3: to conduct the sale if you paid us are agreed
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Speaker 3: some by October twenty four. Now we're advertising the sale
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Speaker 3: again for October twenty five. If you don't pay, we're
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Speaker 3: selling it. I mean that doesn't mean that there's any
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Speaker 3: indication that it won't be paid, or that somehow the
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Speaker 3: Justice Centrists have defaulted on a current obligation. It is okay,
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Speaker 3: we're serious. We entered into this agreement, you agreed that
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Speaker 3: the default exists. This is just insurance. This is just
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Speaker 3: a stopgap to my estimates. Now Pat Jones represents is
15:08
Speaker 3: with Campbell Woods down Huntington, really excellent law firm, been
15:10
Speaker 3: down in hunting It's part of the Huntington equivalent of
15:12
Speaker 3: Steptoe in Charleston or Spilman. Maybe not the size of
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Speaker 3: Jackson Kelly, because nobody is. But let me have the
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Speaker 3: appearance that there's some additional default or defalcation by the
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Speaker 3: Justice interest that I don't think that's necessary necessarily. What
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Speaker 3: this means now, I don't think you can pick up
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Speaker 3: the phone called Pat Jones. He's not going to tell you.
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Speaker 3: I mean that's his client's business. And I don't think
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Speaker 3: that the Justice and the Governor's not going to make
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Speaker 3: any comment. But to me, the only time it will
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Speaker 3: be a bad thing is if the sale takes place
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Speaker 3: on the twenty fifth, because that will mean that the
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Speaker 3: justice interest did not meet their obligation to settle. So
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Speaker 3: you just have to wait until that date to see.
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Speaker 3: My thought to be, if they didn't think they could
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Speaker 3: get the money, they wouldn't have settled it because they're
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Speaker 3: not dealing with small creditors that they can grind down
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Speaker 3: like they do in the past. I mean, it is
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Speaker 3: an mo for justice to get sued, agreeing with a
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Speaker 3: settlement and then not pay it and drag people back
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Speaker 3: to court and wear them down and wear them down
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Speaker 3: and try and get a better deal. I mean, that's
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Speaker 3: their modus operanda. That's what these smart people are not
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Speaker 3: going to put up with.
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Speaker 5: If I may say, is somebody that's been on the
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Speaker 5: lender side of things, what is it being experienced here
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Speaker 5: is on the end of the lender, a lender big
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Speaker 5: enough to actually back up what they want to do,
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Speaker 5: Because you're right, a lot this is what normal people
16:38
Speaker 5: face every day, you know. I mean normal people face
16:40
Speaker 5: this type of process if they go into some sort
16:41
Speaker 5: of default, foreclosure and stuff every day, and they don't
16:43
Speaker 5: have the ability to perpetual or in perpetuality push this
16:49
Speaker 5: thing to the future until you know, creditors give up
16:51
Speaker 5: or whatever. I mean, normal people deal with this every day.
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Speaker 5: It could be that situations in the past with Justice
16:57
Speaker 5: has been that he's been able to kind of run
16:58
Speaker 5: out the clock a little bit, but this big enough
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Speaker 5: winder where they're not letting that happen. That's what you know,
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Speaker 5: what people like me deal with every day is dealing
17:05
Speaker 5: with people that have the leverage to make you pay up.
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Speaker 3: Basically well it is, I mean, and that points out
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Speaker 3: the basic unfairness of this of this manner doing business there.
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Speaker 3: I would assure you if you had some sort of
17:16
Speaker 3: anonymous statewide poll or regional poll in the Canalla Boom, Raleigh, Mercer, Greenbrier, Summer's,
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Speaker 3: Wyoming County area about whom how many people had been
17:30
Speaker 3: owed money my bluestone or whatever, who went to court,
17:37
Speaker 3: who were promised payment, who then were stiffed and had
17:41
Speaker 3: to go back to court and ended up taking less
17:43
Speaker 3: on the dollar, you could probably fill up a foul
17:46
Speaker 3: Cabinet with the responses you got, because it's a pretty
17:49
Speaker 3: well known mo I mean, you just look at what
17:51
Speaker 3: the federal government. They've been through it. These people down
17:53
Speaker 3: in Kentucky on the money that he owes a mining
17:56
Speaker 3: company then and they've been through it constant. Well let's settle,
17:59
Speaker 3: let's settle, and then don't pay. But these this JP
18:03
Speaker 3: Morgan sold this to a company that is owned by
18:07
Speaker 3: some HEDGI funders, and they want their money. And listen,
18:10
Speaker 3: they've got some lawyers up there, and they got lawyers
18:13
Speaker 3: in West Virginia who they've been down this road. I mean,
18:16
Speaker 3: this is nothing new. They're deadbeats all over the East Coast,
18:20
Speaker 3: all over the country. It just so happens that here
18:23
Speaker 3: where the status quo of mediocrities generally prevails, some of
18:27
Speaker 3: these guys get by with it. Well they can't. And
18:30
Speaker 3: that's that's the real said thing here where at the
18:32
Speaker 3: point where the sitting governor's word that he's going to
18:36
Speaker 3: pay on a certain date is no good. So we've
18:39
Speaker 3: got a schedule of sale for the next day. But
18:41
Speaker 3: it doesn't mean that there's any additional default. It just
18:43
Speaker 3: means they don't trust him. Now, to me, that's the satisfact.
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Speaker 3: That is the satisfact involved in the whole thing. But
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Speaker 3: the story will be what happens on the twenty fifth
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Speaker 3: right right, if the sale will be canceled, if they
18:56
Speaker 3: pay the money, and that'll be the end of it.
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Speaker 3: So there's less there's less there that meets the eyes.
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Speaker 5: What I guess I'm saying that seems fair and to
19:05
Speaker 5: give it a clear reasoning behind it, that makes a
19:08
Speaker 5: lot of sense. I mean, it seems like that because
19:10
Speaker 5: the investors still wants to protect their interest and so
19:12
Speaker 5: they're going to find a way to put the pressure
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Speaker 5: on and keep it.
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Speaker 3: Well, you know, it's a procedure that we have sort
19:21
Speaker 3: of employed from time to time what other lawyers have
19:23
Speaker 3: as well. You've got somebody who is one of your
19:25
Speaker 3: client's money. There's no really dispute, it's just the hassle,
19:29
Speaker 3: and so you assume them, well, they don't have a defense,
19:34
Speaker 3: and as well, you know, we don't have the money.
19:36
Speaker 3: Can we pay you seventy five cents on the dollar?
19:40
Speaker 3: Get back to the clients. And he said, well, if
19:41
Speaker 3: I can get the money right now, sure I'll take it.
19:43
Speaker 3: So the deal is okay, here's the deal. Our client
19:47
Speaker 3: will take seventy five cents on the dollar. And here's
19:50
Speaker 3: the condition. You confess judgment in this lawsuit. Right, you
19:54
Speaker 3: confess judgment and waive your right to appeal, and consent
19:59
Speaker 3: to the filing of an abstracted judgment to be a
20:02
Speaker 3: lean against your real estate if you don't pay on
20:06
Speaker 3: the day and time you agreed to pay, and we'll we'll,
20:11
Speaker 3: we'll undertake, we'll covenant not to seek enforcement by taking
20:15
Speaker 3: your bank account or your car, or your house or
20:17
Speaker 3: your real estate up to a certain date if you pay,
20:22
Speaker 3: but if not, the judgment is going to be enforced. Me.
20:25
Speaker 3: It's essentially the same thing. You want to keep your position.
20:28
Speaker 3: You don't want to have to start all over again,
20:30
Speaker 3: which some people just fall into that. They'll leave these
20:32
Speaker 3: things without a lawyer and they'll settle. And so I'll
20:34
Speaker 3: wait a minute. You don't have any security for that,
20:37
Speaker 3: you don't have any way to enforce it. All they'll
20:38
Speaker 3: do is just ma can do this all over again.
20:41
Speaker 3: As I say, these boys from Jersey, they've been down there,
20:44
Speaker 3: obviously been down that route before, and it's not going
20:47
Speaker 3: to happen here. It's either paid by the twenty fourth
20:49
Speaker 3: or selling the twenty fifth. Now, quest would be who's
20:51
Speaker 3: going to be the buyer? Right right?
20:53
Speaker 5: Well, will the public know? Oh yeah, I mean you
20:57
Speaker 5: will know who the bicker was who.
21:00
Speaker 3: I don't know if the public'll ever know who. We're
21:02
Speaker 3: just just got the money. Okay, Yeah, that's why I
21:03
Speaker 3: was morning. Let's yes, the disclose. I mean, I don't
21:05
Speaker 3: know about a Senate disclosures. He may have to disclose that.
21:08
Speaker 3: I mean, I would think that's a legitimate question for
21:10
Speaker 3: the press, but he won't answer it, all right, right,
21:13
Speaker 3: So to take break, Yeah, let's go and do that.
21:14
Speaker 5: Let's gohad and take a break. Still taking your text
21:16
Speaker 5: if you want to get in with Harvey Payton. Our
21:17
Speaker 5: phone calls are out this morning. This is a temporary
21:20
Speaker 5: interruption in service. We're doing a lot of things here
21:22
Speaker 5: at the radio station. If you've listened to shows, you
21:24
Speaker 5: may have heard it kind of sideways mentioned, But we
21:27
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Speaker 5: one Monday, but today and tomorrow they are not available.
21:34
Speaker 5: So if you want to text us in a question
21:36
Speaker 5: or comment, you can do that at three zero four
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Speaker 5: non three five five zero zero eighth three zero four
21:40
Speaker 5: nine three five five zero zero eight To reach Harvey
21:43
Speaker 5: Payton from the Patent Law Firm. More information online Patent
21:45
Speaker 5: Lawfirm dot com. P E y t O in Patent
21:47
Speaker 5: Lawfirm dot Com. We'll take a break and be backward
21:49
Speaker 5: after this. You're listening to ask the law You're on
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23:04
Speaker 4: Good morning, here's your traffic update. A disabled vehicle on
23:07
Speaker 4: I sixty four west at mile marker forty four right
23:10
Speaker 4: around Saint Albans. A vehicle crash on US sixty one
23:13
Speaker 4: at mccorkor Avenue southeast and Thayer Street. Congestion and delays
23:17
Speaker 4: on I sixty four east at mile marker fifty eight
23:20
Speaker 4: at Virginia Street. And maintenance on I seventy seven south
23:23
Speaker 4: right before the travel plaza. The southbound left lane is closed.
23:27
Speaker 4: I'm Chapelin the WCCHS Network traffic studio.
23:33
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23:41
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23:53
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24:02
Speaker 5: Hey, you're listening to know what happened there? The music
24:07
Speaker 5: just cut off suddenly, the wonderful theme song from the
24:10
Speaker 5: Power of Peyton. The power of Peyton is still on
24:11
Speaker 5: your side this morning. You can give us a call.
24:13
Speaker 5: Threes are a four three four five fifty eight fifty eight.
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24:19
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24:20
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24:22
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24:25
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24:28
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24:31
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Speaker 5: with John Burdett. Just a temporary interruption on things.
24:35
Speaker 3: Or if you want to talk to the horse's mouth,
24:39
Speaker 3: I mean that's the right end of the horse, that's me,
24:41
Speaker 3: that's right. You can call three or four seven, five,
24:43
Speaker 3: five fifty five fifty six, or go online Peyton Law
24:47
Speaker 3: Firm dot com. Go to our website. You can send
24:50
Speaker 3: an email through the website after seeing a little bit
24:53
Speaker 3: about us, and you can see that you know we're
24:57
Speaker 3: we're in the community. We're in the community to help
24:59
Speaker 3: peep will have been for almost fifty years. You know,
25:06
Speaker 3: deeply committed to our community and to the people we
25:08
Speaker 3: work for because we work for you. If you hires,
25:11
Speaker 3: if you've been injured, you've suffered a loss, you feel
25:14
Speaker 3: like you need just to find out if you need
25:16
Speaker 3: a lawyer, it's our job to work for you and
25:18
Speaker 3: we're here to help you. So that's the number fifty
25:21
Speaker 3: five fifty six three or four seven five five fifty
25:24
Speaker 3: five fifty six or Peyton p e y t you
25:27
Speaker 3: in law Firm dot com. Love to get calls, love
25:31
Speaker 3: to get people to drop by the office. We have
25:33
Speaker 3: a lot of people to drop in and you know,
25:36
Speaker 3: if I'm there or Tom's there, we'll be happy to
25:38
Speaker 3: see you. If we're not there, or sometimes you're just
25:41
Speaker 3: covered up with things you've got to get done, we
25:44
Speaker 3: can make any appointment to come in and you're like
25:47
Speaker 3: our office. It's quite nice. It's worth a trip to
25:49
Speaker 3: the office just to see the conference room table and chairs.
25:51
Speaker 3: I can tell you that very few people who come
25:54
Speaker 3: in for the first time leave without saying where'd you
25:59
Speaker 3: get that table? Well, of course, the answer is they
26:02
Speaker 3: were made in natural Bridge, West Virginia by Richard Sink
26:07
Speaker 3: thirty years ago out of one big cherry tree. All
26:11
Speaker 3: the wood came from one tree. And Richard was quite
26:15
Speaker 3: a furniture guy. He made the furnishings for the Bankruptcy
26:18
Speaker 3: Court court room down here at the New Bird Building.
26:20
Speaker 3: And he actually from from where he is an Upture county.
26:24
Speaker 3: Most of his works like a New Jouy'smen of Manhattan
26:26
Speaker 3: and new buildings in Pittsburgh and DC, and that's where
26:30
Speaker 3: it came from. But oh, come and take a look.
26:31
Speaker 3: It's ripened up really nicely. No cherry tends to darken
26:35
Speaker 3: up with age, and this has course, it's not a
26:38
Speaker 3: real It's never had a stain put on it, so
26:39
Speaker 3: it's not real dark anyway. Peyton Lawfirm dot Com. Now
26:43
Speaker 3: here's a little news. One of the things that we've
26:46
Speaker 3: come across. People come in the office and say, hey,
26:50
Speaker 3: you know, I inherited a house from my mom and
26:54
Speaker 3: my son's living there, and now it's Class three, or
26:58
Speaker 3: if it's in the city, it's class full. And I
27:01
Speaker 3: go to the assessor and say, well it's a house
27:03
Speaker 3: as well, but you know you own it because you
27:06
Speaker 3: inherit it from your mother and you're not you're the owner,
27:10
Speaker 3: and because your son's living there. He said, well, I'm
27:12
Speaker 3: not getting any rent. Willes it make any difference? It's
27:14
Speaker 3: not inner occupied. So it's class three or class four
27:21
Speaker 3: all you know here we've gotten West Virginia what's called
27:25
Speaker 3: the Tax Limitation Amendment of nineteen thirty two, which says
27:28
Speaker 3: that here's the exact language, all property owned, used and
27:37
Speaker 3: occupied by the owner thereof, exclusively for residential purposes, and
27:42
Speaker 3: on farms occupied and cultivated by their owners or bona
27:45
Speaker 3: fide tenants, one dollar. It's a one percent of the value.
27:49
Speaker 3: Now that can go up because there can be excess levees,
27:52
Speaker 3: but that is the limitation. On Class two, all residential property,
27:57
Speaker 3: no matter where it's located in a city, out of
27:59
Speaker 3: a city, he starts at one percent a dollar per hundred.
28:04
Speaker 3: Class three, which is then all non residential property outside
28:08
Speaker 3: of the municipality is a dollar and a half, and
28:11
Speaker 3: all non residential under occupied inside of the municipality's two dollars.
28:17
Speaker 3: So it's either a fifty percent or one hundred percent
28:20
Speaker 3: increase in your property tax. If say, you own a house,
28:23
Speaker 3: you may have inherited it. You may just have purchase
28:27
Speaker 3: it for a child to live in, but you don't
28:29
Speaker 3: necessarily want to give it to them. So the solution
28:33
Speaker 3: suggested by the assessors, and actually the solution of the
28:36
Speaker 3: problem is well, if you want your child to live there,
28:38
Speaker 3: just put their name on the deed. Either need it
28:42
Speaker 3: to them or retain a life estate or make them
28:44
Speaker 3: joint tenants. Well, they come to a lawyer and you know,
28:47
Speaker 3: you talk to them and charge them some money three
28:50
Speaker 3: or four hundred dollars by the time you pay the
28:52
Speaker 3: recording fees and go into the courthouse. And it does
28:56
Speaker 3: seem a little bit unfair, But I mean that's the language.
28:59
Speaker 3: I mean out how can you change that wording use, owned, used,
29:06
Speaker 3: and occupied. It's in the disjunctive, not the content. It's
29:08
Speaker 3: in the conjunctive, not the disjunctive, by the owner thereof
29:12
Speaker 3: exclusively for residential purposes. How do you well, I'll tell
29:16
Speaker 3: you how you change it. The legislature has the ability
29:19
Speaker 3: to write definitions that they have so and actually they've
29:27
Speaker 3: defined a person as far as the ownership of property
29:31
Speaker 3: as corporations LLC's partnerships. Because some some people that have
29:36
Speaker 3: a corporate andity small business, they may they may have
29:39
Speaker 3: their home title in the corporation and some assessors will say, well,
29:43
Speaker 3: you know, corporation can't be an occupant. But that that
29:47
Speaker 3: that's been that was taken care of some time ago.
29:49
Speaker 3: But this this year in the legislature, the UH this
29:55
Speaker 3: language was added. I say, for the purpose of giving
29:59
Speaker 3: a fact to the tax Limitation Amendment. This chapter shall
30:04
Speaker 3: be interpreted in accordance with the following definitions. Now, this
30:08
Speaker 3: is what that language means, used and occupied by the
30:13
Speaker 3: owner there exclusively for residential purpose in quotes, means actual
30:18
Speaker 3: habitation by the owner or the owner's spouse, an immediate
30:24
Speaker 3: family member of the owner, or a qualified resident of
30:27
Speaker 3: a you know, a retirement community. That's a different story.
30:33
Speaker 3: So immediate family, then it says immediate family. What does
30:37
Speaker 3: that mean? So you can live in it, your wife
30:41
Speaker 3: can live in it, or any member of your immediate family,
30:46
Speaker 3: which will include child, sibling, parent, grandparent, or grandchild, including
30:53
Speaker 3: step parents, stepchildren, step siblings, sons in law, daughters in law,
30:57
Speaker 3: fathers in law, mothers in law, brothers in law, sister.
31:00
Speaker 3: There's a law and adoptive relationships, which means now and
31:03
Speaker 3: I don't know what the impact of this will be on.
31:07
Speaker 3: I don't think it's going to be that great. Uh,
31:11
Speaker 3: you're going to be shifting some property from class three
31:14
Speaker 3: back to class two and class four back to class too.
31:17
Speaker 3: Because now that that theoretical house we were talking about
31:20
Speaker 3: that you inherited from your parents, you didn't want to
31:23
Speaker 3: get rid of it. So you've got a child or
31:26
Speaker 3: a grandchild living there, or your brother's living there, or
31:29
Speaker 3: your brother's deceased, and your sister in law's there, that
31:32
Speaker 3: that now will qualify as class too. But it's not
31:37
Speaker 3: self executing, and I don't think the assessor is going
31:39
Speaker 3: to be necessarily going out on a regular basis to
31:46
Speaker 3: see who's there. So I think what's going to it's
31:49
Speaker 3: probably worth your while if you're in that situation. You
31:52
Speaker 3: don't need to come to a lawyer now and say, well,
31:54
Speaker 3: we need to get a deed done to make you
31:56
Speaker 3: give them an interest in the property, which is what
31:58
Speaker 3: we did before we did. You know, I pray do
32:00
Speaker 3: four or five of them a year for people who
32:02
Speaker 3: just came in. You know, we don't want to get
32:05
Speaker 3: rid of the house. But you know, I don't necessarily
32:08
Speaker 3: want to give it away to the kids. But yeah,
32:11
Speaker 3: let's put their name on the deed, or let's let's
32:13
Speaker 3: get make a joint tenancy, or give them an interest
32:16
Speaker 3: for a term of years. A lot of things we
32:18
Speaker 3: could do, but all of it costs the consumers some money,
32:21
Speaker 3: money well spent because it saved them a good bit
32:23
Speaker 3: of meeting. You've got one hundred thousand dollars house. You know,
32:26
Speaker 3: you've got one thousand dollars in taxes. If you're living
32:28
Speaker 3: in a city, it's two grands, so you're save it
32:30
Speaker 3: one thousand bucks a year. So now I think if
32:32
Speaker 3: you're in that situation and this became effective, let me
32:37
Speaker 3: see what the effective date was. I don't know who.
32:40
Speaker 3: This was a Senate bill, so I don't know who
32:42
Speaker 3: proposed it. It became effective on passage March the ninth,
32:47
Speaker 3: twenty twenty four. So if you are in that situation
32:50
Speaker 3: and for any reason, you've got a residence or as
32:54
Speaker 3: I read this, you could have even a multi family
32:57
Speaker 3: property that if you wanted to live in one, and
33:00
Speaker 3: as long as it was a residence, even if other
33:02
Speaker 3: people lived in it, purely for residential purposes and not
33:06
Speaker 3: for any commercial purpose, and the whole thing could qualify
33:08
Speaker 3: as class too. Now there's been a different rule for
33:12
Speaker 3: a while. For you take a look at Edgewood Summit,
33:16
Speaker 3: that is a qualified residential community. What's were Paul Howard,
33:24
Speaker 3: our friend Paul Howard lived the balance of his life there.
33:27
Speaker 3: As residential, it becomes long term. It also has a
33:29
Speaker 3: cafeteria and a gem and things that have the appearance
33:32
Speaker 3: of commerciality. But this statute, even before it was amended
33:37
Speaker 3: this spring, had a special provision for those type facilities
33:41
Speaker 3: and said, you know that if they are sectioned off
33:44
Speaker 3: for purely residential purposes, even if there's a cafeteria or
33:48
Speaker 3: other facilities laundry, et cetera, they are considered residential. So
33:54
Speaker 3: I mean that was a public policy decision. Edgewood summits
33:56
Speaker 3: within the confines of the city at Charleston weren't actable
34:00
Speaker 3: as Class four. The taxes would double. So if it's
34:02
Speaker 3: a ten million dollar facility, it probably his you know,
34:08
Speaker 3: it's a couple hundred thousand bucks that they say, which
34:11
Speaker 3: is good because it helps people who reside in those
34:13
Speaker 3: communities make it affordable. But I just thought that was interesting.
34:16
Speaker 3: Tom brought that to my attention yesterday and I thought, well,
34:19
Speaker 3: that is because it you know, it takes away some
34:23
Speaker 3: of the business we do, which be honest, it's writing deeds.
34:27
Speaker 3: It's not a real important part of our business. But
34:29
Speaker 3: we do it because people need it done. Sure, it
34:32
Speaker 3: helps people, and you know, there's a real paucity of
34:35
Speaker 3: lawyers everywhere in this state, and a real shortage of
34:40
Speaker 3: lawyers who can just do routine things that people need,
34:45
Speaker 3: which we can do in addition to our work excellent
34:48
Speaker 3: work as litigators and problem solvers in the field of
34:54
Speaker 3: injuries and harm, financial harm, and do a lot of
35:00
Speaker 3: things just to help people.
35:01
Speaker 5: In a couple of minutes before we get out of here,
35:03
Speaker 5: what is if you had to offer folks a moment
35:05
Speaker 5: of zen if they feel that they were wrong by
35:08
Speaker 5: something with an injury or something like that, and as
35:11
Speaker 5: potentially their attorney, is there any recommendation you would give
35:14
Speaker 5: somebody like what they should do in the moment, like
35:17
Speaker 5: the catalog what they're doing, or take pictures or like
35:20
Speaker 5: anything awareness or around them, like anything like that would
35:23
Speaker 5: help you down the line.
35:24
Speaker 3: Well, pictures are worth ten thousand words, obviously, and now
35:27
Speaker 3: with the prevalence of personal electric devices of cell phones.
35:34
Speaker 3: I mean I have excellent cameras. Take some pictures. I
35:37
Speaker 3: had a current an incident with a client the other day.
35:40
Speaker 3: It was involved a loss or damaging some properties. And
35:42
Speaker 3: here's what you do, is you catalog that, turn on
35:45
Speaker 3: the video feature on your phone and just narrate what
35:48
Speaker 3: you're doing. You'll be surprised. You may need it down
35:50
Speaker 3: the road. Often tell folks, look, you think you'll never
35:54
Speaker 3: forget this, because this is so bad you're going through
35:58
Speaker 3: you make notes, make notes, keep to yourself. They'll be
36:04
Speaker 3: between us. You know, there may be disclosed sometime, you
36:07
Speaker 3: know if there's litigation, but may not. And if you
36:12
Speaker 3: if things are happening on a recurring basis, just mark
36:14
Speaker 3: them on your calendar. That's a lesson I learned. Like
36:18
Speaker 3: forty years ago. I was involved in a really really
36:20
Speaker 3: long trial here.
36:21
Speaker 5: It was.
36:23
Speaker 3: Adkins versus the Monsanto Chemical company. It was docs and trial,
36:28
Speaker 3: and there was a reporter from New York came in
36:30
Speaker 3: and was sort of covering it and he said, you know, whoever,
36:34
Speaker 3: you ought to keep a diary on this. I said,
36:36
Speaker 3: I said, no, I'm telling you. You think you'll never
36:38
Speaker 3: forget this because this is just the biggest deal you've
36:40
Speaker 3: ever been involved. And just see, well five years later
36:43
Speaker 3: I couldn't remember anything. So it is importance. It is
36:46
Speaker 3: really important that you know the law, the laws up
36:50
Speaker 3: to the lawyers. The facts are the facts. The facts
36:53
Speaker 3: are the most important determinative factor, and facts are real
36:56
Speaker 3: no matter what you hear or see. Sometimes what people
36:59
Speaker 3: can see here, feel, touch, smell, those are facts. And
37:06
Speaker 3: so everything you can do to preserve the factual situation.
37:10
Speaker 3: You're in documents, texts, anything, hang on to them and
37:14
Speaker 3: then get them to the lawyer and we can look
37:15
Speaker 3: over everything. Sometimes you know, as you gather all the information,
37:20
Speaker 3: you say, well, you know what really looked like a
37:22
Speaker 3: bad thing is not re an action because we know
37:26
Speaker 3: what the facts are. Now, that's the kind of advice
37:28
Speaker 3: you get at the Tayton Law Firm. It twenty eight
37:30
Speaker 3: oh one First Avenue and Nitro, about twenty minutes from
37:33
Speaker 3: downtown Charleston or kirk or Huntington. We're here to help people,
37:38
Speaker 3: particularly if you've had an accident, injury, or suffered a
37:41
Speaker 3: loss or financial loss. Ke e Y Tu and Peyton
37:44
Speaker 3: Law Firm dot com or three or four seven five
37:48
Speaker 3: five five five five six or twenty eight oh one
37:50
Speaker 3: First Avenue, which is where I hope soon we'll see
37:52
Speaker 3: Shannon Forbes and I'll get our tickets there we go.
37:55
Speaker 5: That sounds great. Move, Hey, Harvey, will see you next week.
37:57
Speaker 5: That's great Peyton mall from next week. Have a great
37:59
Speaker 5: day everyone on five aw c HS.
38:02
Speaker 6: Five E E w c h S A m ety
38:04
Speaker 6: six points five bans on Charleston one oh four point
38:06
Speaker 6: five Cross Lane, a w u v RC media station.
38:11
Speaker 6: We're proud to live here too,