Latest / Ask the Lawyer / 04/20/2023 Ask the Lawyer with Tom Peyton
Transcript
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- 0:59one. This is five ad WCAH asked the voice of Charleston Thursday morning here
- 1:03in the Capitol City. And Tom Peyton with the Peyton Law Firm Nitro is
- 1:08with us three oh four three four five fifty eight fifty eight with your questions
- 1:14about the law. Three oh four three four five fifty eight fifty eight.
- 1:18Tom is here? Okay, Tom is hearing a delay? How is that?
- 1:23Tom? I am here, I'm hearing you twice right now for something,
- 1:25well, that is not good at all. Okay, let me see
- 1:27how we set better? No, not better? Okay, not sure why
- 1:33that's happening to Okay, how's that? Nope, it's the same. Okay,
- 1:38we can get by. I'll just hear an echo of myself and you.
- 1:42Okay, not sure why that's happening, but anyway, I'll try to
- 1:45figure it out. But good morning, Tom, and I want to start
- 1:49off. We talked a little bit about you'd be going to trial this Yeah.
- 1:52Yeah, actually had a trial this. Yeah, I had a trial
- 1:55on a land situation. Yeah. Put a little post on our peytonaw from
- 1:59Facebook page about it and interesting case. It's kind of a good example of
- 2:05the work that we do that's outside the realm of civil injury litigation, which
- 2:10of course is our bread and butter. But we take pride in helping people
- 2:19when we can, and we try and stay well rounded in what we do
- 2:22because people need lawyers for all kinds of things, not just when they're seriously
- 2:27injured or have a family member killed in an automobile accident, which, of
- 2:30course lawyers that do that type work want those cases, which is why your
- 2:36tds are flooded with those ads and billboards all over the place. But this
- 2:42was a case, you know, it gives you some satisfaction in handling.
- 2:47I'm glad we could help these folks out. So I represented oh, I
- 2:52would say, describing maybe soul of the earth type folks. Country folks really
- 2:54live out in the rural area of Canall County, and they had been sued
- 3:02by a landholding company that owned probably thousands of acres around these folks home place
- 3:10that they had actually represented one person, but his relatives were pro say and
- 3:17we were all aligned. So essentially they when we had the trial, the
- 3:21folks that didn't have lawyers didn't really do much as far as they didn't have
- 3:24to get up and represent themselves. I called them as witnesses and asked them
- 3:28questions. But the cases about this land company sued them alleging they were trespassers.
- 3:35They had inherited the property in two thousand and two from their father,
- 3:39father in law, and then three of them, the three brothers, it
- 3:43was their grandfather. And so now twenty years later they get sued claiming that
- 3:49what they basically considered their backyard for decades and decades was not theirs and it
- 3:53belonged to a landholding company owned thousands of acres around them, and we couldn't
- 4:00get it worked out, which is it's kind of a shame in this one
- 4:04because it was the disputed area was only it was less than an acres point
- 4:10eight five acres. But like I said, oftentimes these boundary line disputes are
- 4:15over parcels of land that don't have significant market value. They just have personal
- 4:20value. And so we we got ready and had a jury trial and it
- 4:29went so that was good. Judge Bailey presided. Jennifer Bailey and Knoke County.
- 4:32She's been on the bench I think since two thousand and two she was
- 4:36appointed initially, I think she might have worked for the legislature. Was Yeah,
- 4:41she was one of the top attorneys in the Senate Judiciary Committee. Yeah,
- 4:45it's a point, and I don't know. I think I may have
- 4:46tried a case to jury for her. We were talking after the trial,
- 4:50but if I did, it's been eighteen twenty years ago and I don't have
- 4:55a good recollection of it. But she ran a really good courtroom started she's
- 5:00ready, starts on time. Didn't have a law clerk because of a Uh,
- 5:04well, I think she's getting ready to get one. But they don't.
- 5:08They don't funded really great in the circuit court system as far as what
- 5:11they can pay their law clerks. By the Supreme Court, I think,
- 5:14and so um, but still not having a law clerk. She did a
- 5:18really good job running the trial. Of course, she's been on the bench
- 5:21for twenty years, so she's seen a lot. And uh, she's smart
- 5:25and and she's uh new courteous to the lawyers and their time, and and
- 5:30and the parties as well. So I thought that was good. But we
- 5:32tried the case for a couple of days and um, in the end we
- 5:39ended up prevailing. So we were able to retain all the land that my
- 5:43clients said was theirs and fended off a large landholding company. And it's a
- 5:47good example where I mean Frank Cloud represented one of them, because that's the
- 5:54that's the fellow that could afford to pay a lawyer. And so, uh,
- 5:59that's a good an example of how you know, regular folks can stand
- 6:04toe to toe with somebody with almost unlimited financial resources, at least when you
- 6:10look at their landholdings and so and we argued, we've we've talked about this
- 6:15a little bit here on the air. It seems like real property issues really
- 6:18uh you know, well, almost everybody has land. We're one of the
- 6:24top states I think in land ownership and home ownership versus renting and that kind
- 6:28of thing. So it comes up a lot. But we had really good
- 6:31survey a guy named Younger Fellow, but he was good, named Caleb Hensley
- 6:35that works for Alleghany Surveying. He was he was good, and so we
- 6:41had, you know, arguments, and we're talking about going back to like
- 6:43deeds from nineteen oh seven and trying to you know, like I think I
- 6:46talked about this last week. But you know, when you talk about land
- 6:49and surveying and boundaries, unfortunately, it's not like a puzzle here and anywhere
- 6:57probably, but particularly in West Virginia with the tre and we have so everything.
- 7:00If you go look at deed one, D two, D three and
- 7:02they're all properties you know, are contiguous, we're next to each other.
- 7:08You may look at all those different deed descriptions and it doesn't fit together.
- 7:12Like a puzzle. You have overlaps sometimes sometimes you have gaps. And we're
- 7:16talking about going back to figure out descriptions that reference some distances, but also
- 7:24with the meanders of a creek or to this particular we had the words twin
- 7:29Spanish oaks, I think in our case, and that was from a nineteen
- 7:31oh seven they're gone, long gone, but twin Spanish oaks. Yeah.
- 7:35Wow. Like so, so there's some art to surveying in a way.
- 7:40You've got to go and try and interpret from these old deeds where the line
- 7:44is. And so we had a survey that said, well, you know,
- 7:46here's where the line is, and it actually met up with what my
- 7:48clients have generally been using over the last twenty years. So we had to,
- 7:53you know, the argument that well, even if you go by the
- 7:56deeds, we own it. However, if you want to disregard the deeds
- 8:01or go with the opponent's surveyor who said there was a different line from the
- 8:05deeds or the historical documents, then we still own it by what's called adverse
- 8:11possession. That's what we've kind of talked about a little bit here on the
- 8:13radio, is your ability to own land when you two different It's all based
- 8:20on use. But if you have a tital document, like an old d
- 8:24where you thought the line went to it turns out it didn't really go to
- 8:26there, but you've used it like as if it were your own for more
- 8:31than ten years. Then you can own that potentially, but you have to
- 8:35go to court and prove it and then or you can not have be misnaked
- 8:41at all. I mean, you could have a deed that limited your clearly
- 8:45limited your bounty line to point X, but you've always used way beyond that
- 8:48to point why even though you never had a deed that let you believe that.
- 8:54Then you can go to court and try and prove the areas you actually
- 8:56use. You Now, now that's not simple, and you got to prove
- 9:01it by clear and convincing of it. It's not the normal beyond or by
- 9:05preponderance, which is what civil cases are. Not as hard as beyond a
- 9:07reasonable doubt like a criminal case, but a burden of proof that's in between.
- 9:11So it's harder than a regular case to prove. And there's multiple elements
- 9:16that are from old case law. But you have to possess it openly,
- 9:22exclusively, continuously, adversely hostily, and those are all terms that are defined
- 9:28and it's a bit complicated, but this was kind of a classic textbook case
- 9:33in my opinion, because we had folks that had, I mean, in
- 9:35the last twenty years, they'd planted an apple orchard, that's what I'm calling.
- 9:39There were ten to twelve apple trees planted right there in the area dispute,
- 9:46had a water well on it that served their homes were on the track
- 9:50that wasn't in dispute, but the water well served them. Electric run to
- 9:56the water well for the pump place and for a light post, ads trampoline
- 10:01for the kids garden tilled every year. I mean the kind of thing that
- 10:05would put anybody who thought they owned it instead on notice that they need to
- 10:09take action to either reach some agreement here or file a lawsuit to get them
- 10:13off. And that's what this land company did. They sued them, accusing
- 10:18them of being trespassers, and we're wanting the court to order removal of all
- 10:22these structures and water well, etc. And so Jerry did the right thing.
- 10:28Ruling our favorite said, I was about five o'clock on Tuesday evening.
- 10:31So now the line will be set where our surveyor said the line was,
- 10:37and we'll incorporate that survey in a court order and then it'll be recorded in
- 10:39the record room and it'll be set now until infinity unless somebody changes it.
- 10:46So it seems to me and Tom Paton's with us as the Peyton Law Firm
- 10:50in Nitro every Thursday three or four three four five fifty eight fifty eight three
- 10:54or four three four five fifty fifteen. Somebody say, well, maybe won't
- 11:00say but as well, it's just point five eight acres. But for a
- 11:03family point eight five point eight five yeah less yeah, yeah, lesson.
- 11:07But for a family that's it's significant. Well, they're gonna have to move
- 11:13there. Well, first of all, had been their grandfather, at least
- 11:16my clients grandfather had purchased it in nineteen fifty seven. And every every witness
- 11:22I put on the stand, as far as the folks that were sued,
- 11:26my guy and his relatives essentially had grown up there. I mean, we're
- 11:31talking about living there, however old they are. For the brothers. And
- 11:35then I think the daughter of the fellow that had passed away had lived there
- 11:43sixty some years, because she moved there when she was seven, never moved
- 11:46away. And the line of demarcation where we start the area of dispute was
- 11:52literally two feet behind one of my folks house trailers, so it was like
- 11:56their backyard. So yes, extremely important to them. On Really I'm still
- 12:01a little bewildered why it was so important to the opposition and we couldn't get
- 12:05it worked out. But that's the way it goes. I mean, you
- 12:07don't have to resolve something U V agreement if you don't want to and you
- 12:13don't mind paying a lawyer to see what happens, then I guess that's their
- 12:16right. But Joy did the right thing and this one, so you know,
- 12:18it was good, good for our for our client as family, and
- 12:24it's good to get a result when you're fighting against somebody who has more significant
- 12:31resources probably, but that's what that's the thing about a jury, and you
- 12:35take that you have a constitutional right to jury, and this is what puts
- 12:39you on a even playing field. And so you know, we've we've had
- 12:43some what they called tort reform stuff and the legislature here of the last few
- 12:46years, um that limits your ability to get relief from a jury. And
- 12:54now I think it was this loser pays type thing, meaning so you pay
- 12:58your own lawyer's fee when you get into a lawsuit in America normally and in
- 13:03West Virginia unless somebody's acting in bad faith, vexatiously or something, or there's
- 13:09a statute that allows you to get attorney fees that applies to wrong determination cases
- 13:13if it's discrimination and some other consumer issues. But for example, if they
- 13:20pass a loser pays case on so if we would have lost, we would
- 13:24have had to have paid the other side's lawyers fees, not me of my
- 13:26clients. So you apply that, which all sounds great when you're talking about
- 13:31these big money cases where everybody's got insurance, But you get in a case
- 13:35like mine, where you've got a landholding company that, well, if they
- 13:41lose, they'll pay our lawyer's fees. They don't care. It's not going
- 13:43to affect their bottom line that much. But it would scare my people,
- 13:48you know, would it would? It would? It has a chilling effect
- 13:50on their ability to prosecute their case because not only are they risking the fact
- 13:56that they might have they're gonna have to pay me to do it. They
- 13:58won't have to pay the lawyer on the other side if they happen to lose
- 14:01and the jury doesn't do what we are asking them to do. So you
- 14:05got to watch for things like that, because it's all they in the laws
- 14:09lectures. Sometimes you get nee jerk reactions to one situation or certain particular cases
- 14:15where maybe you know it seemed unfair as a result about who had to pay
- 14:20whose lawyers fees or something, But you got to watch because that that law
- 14:24can apply from the top down, and so you got to be careful.
- 14:28And everyone out there should be skeptical of any law that removes the right for
- 14:35normal folks to have a trial by jury where you have the ability to have
- 14:39six people sitting there that don't favor anyone that you help select decide your case.
- 14:46And that's important, and that's what keeps the field level. That's also
- 14:50why big companies, incorporations and insurance companies pay tons of money to lobbyists,
- 14:56et cetera to try and enact to what reform because they don't like that unknown
- 15:01and they can't control that unknown, and it gives normal folks power that ordinarily
- 15:07the most wealthy have. And so anyway, we saw the system at work
- 15:13this week and and and of course went in my favors. So I think
- 15:16the system worked quite well. I don't know about the other side, but
- 15:20but I mean I think if you watched that trial objectively, you would agree
- 15:22with me that the right thing was done. And that's been my experience with
- 15:26juries. Most of the time, they don't always agree with my side.
- 15:28And if any lawyer says they never lose a case to a jury, well
- 15:31then they don't try any cases because it's going to happen. Um, let
- 15:37me ask a couple of things here on that. How was the jury selection?
- 15:39I mean, how'd that? Obviously it went yeah, pretty good.
- 15:43I mean, we don't have six people. We actually had an alternate.
- 15:45Uh so the alternate, you know, it's a six person jury, so
- 15:50we ended up getting to seven. But yeah, you it was pretty easy,
- 15:52um in this one because nobody really knew anybody, and it's not something's
- 16:00been publicized, so you know, the judge Bailey brings in on a twenty
- 16:04people or so. Actually, uh, former Spomport Justice Brent Benjamin was on
- 16:08the in the jury pool, so he's sitting in the back, but he
- 16:12never got pulled up into the box, right. And and there was another
- 16:15law actually Alex Massia was put into the box route he was governor's counsel and
- 16:22not this governor but previous Yeah. Uh, but he he was, he
- 16:30was struck off the jury, so he didn't he didn't sit on it.
- 16:32But I didn't take long to pick a jury. Um. And then the
- 16:36alternate, you know, it gets to sit through the whole trial, and
- 16:37then when it's time to deliberate, he's told he's the alternate, and then
- 16:42it's to go home. So we ended up having I also think and we'll
- 16:45take a break after this, but I also think it proves a point about
- 16:48the Painton Law Firm. I really, I mean, these cases are important.
- 16:55You take these cases and you're ready to go to trial if you have
- 16:57to, sure, that's right? Yeah, I can't. I mean,
- 17:00and these are you know, the power of patent is kind of our tagline
- 17:04now and has been since we got the jingle here fifteen years ago. But
- 17:07when our coffee mugs, it is I guess Dad coined this. It was
- 17:11there when I came. But it's what a law firm should be, right,
- 17:14And that's there for a reason, because a law firm the way we
- 17:18see it, and there's nothing wrong with what other lawyers do. And we
- 17:22don't do everything they don't do bankrupts on the ingom tax, but you try
- 17:25and do things that help people other than just the things that can make you
- 17:30a lot of money. And so what I invasion a law firm should be
- 17:36is somebody who does more than just serious injuries and accidents and wrongful deaths,
- 17:42but is willing to help people through everyday things like we did in this case,
- 17:48or deeds or wills, or basic family law and the state planning and
- 17:53so security, disability and workers comp from time to time. They're difficult cases
- 17:59and certainly don't make very much money on workers comp cases as lawyers, if
- 18:03any. But you know, if we get a client that's got a workers
- 18:06compass you he thinks valid, we'll try and take it on for him if
- 18:08we can afford to do it. But that's it's probably you know, we
- 18:14need we need more lawyers like that, really, I think because just everyday
- 18:18people have everyday questions and they need to ask them. They need somebody there
- 18:22because I and we'll talk about it here surely, but I mean asking lawyers
- 18:29questions just to make sure you're on the right track, I mean you shouldn't.
- 18:33We try to answer those questions when we can, and we don't charge
- 18:36for any initial questions or emails back and forth. But sometimes a real quick
- 18:41conversation or an email or two will save you a lot of headache in the
- 18:45future. Yeah, thanks, straight down, And I'm just thinking of the
- 18:48family after that verdict came down to the decision came down from the jury.
- 18:52How better they slept Tuesday night? Seriously sure, and they don't have to
- 18:56worry. Oh, I'm sure it worried them. True, it worried him.
- 19:00And of course they saw it as just being what should have been done
- 19:03the whole time. But at the same time, they're just sitting there nervous.
- 19:07We have to move. Felt pretty confident, you know whatever. Right,
- 19:11the trial gone pretty well, I mean it's gone. You never know
- 19:14what he get these trials, you worry about everything and how it's gonna play
- 19:17I didn't played out pretty well the way we wanted it to play out,
- 19:21and the jury was accidentally out for about twenty five minutes. But you know,
- 19:23when there's nothing like sitting there waiting, you know, the four person
- 19:30the jury hands a piece of paper to the baila, they hand it to
- 19:33the judge and then even covering it as a media that's a that's that's yeah,
- 19:38it's like nothing like that. There's nothing like that you're waiting to read
- 19:41and you don't know whether, oh my gosh, this is jury buying what
- 19:45that other lawyer was selling, even though I thought it was unreasonable. You
- 19:48just don't have any idea because you're throwing out these weird terms most folks aren't
- 19:53familiar with, like caller of title and claim of title and adverse possession and
- 19:57hostile use and all this, and so you know, you know, you
- 20:00don't know. You can't converse back and forth with the jurors when you're talking
- 20:04to them, you know, So you just you're the one talking and you
- 20:07hope they're listening. And that's when they were. So, yeah, the
- 20:11folks are really happy. They'll be able to sleep a little easier at night.
- 20:15I suspect they'll be putting some fence out up or something. The trespassers
- 20:18out, all right, Tom three or four three four five fifty eight fifty
- 20:22will take or one and only break Tom Payton to the Payton Law Firm in
- 20:26Nitro. The lines are open for your questions. Three or four three four
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- 22:23Put the bower baton on the side. We have the courtroom experience such
- 22:30your need. We never give up. We're prepared to fight for your rights.
- 22:37When you need action, count on us. The power of reason on
- 22:45your side, the power of eight forty three on five a whs the voice
- 22:56of Charleston. Tom Payton with a Payton Law firm in Troe with us as
- 23:00Tom and his father Harvey have been for more than twenty years on Thursday mornings.
- 23:04Right here, three or four, three four or five fifty eight fifty
- 23:07eight three or four three four or five fifty a fifty the number to call
- 23:11Tom. You wanted to talk about some questions you've received. Yeah, so
- 23:17since one real property here, I've got to just do a little PSA and
- 23:22yeah, just because I've had and we get these costs from time to time,
- 23:26it just seems like over the last few weeks, I've gotten, oh
- 23:29gosh, four or five of these, So you know, the transfer And
- 23:34when I talked about adverse possession earlier, it does have to be quote adverse,
- 23:40meaning it can't be by agreement. It's like if I let Jeff Jenkins,
- 23:42Yeah, you can put a trailer over here and level my land and
- 23:48it's all by agreement. You don't adversely possess my property. It's got to
- 23:52be you using as if you own it without my permission. So the calls
- 23:59I've had lately seems like I don't know why they just come and you never
- 24:03know why they come. They come in clusters. But it's folks that are
- 24:07putting improvements on property like where they live, on land that they don't own,
- 24:11and it's it's stories like well mom said she was going to give that
- 24:18to me, or they just tell me when they call, well dad gave
- 24:21that to me, it's like, well, how did he do that?
- 24:25It's like, well he told me. It's like, well that's not now
- 24:30he's dead, or now there's a mortgage on it. And yeah, the
- 24:36problem is that, with very very few exceptions, you know, verbal statements
- 24:41or declarations about who's going to get land are not going to be valid.
- 24:48And if somebody dies after saying that, then it's they're really not going to
- 24:51be valid because it has to be set forth in their wills, so you
- 24:55know, they're just and then they become nightmares because folks have put pretty expensive
- 25:03manufactured homes on properly they don't own, built regular stick built on foundation homes
- 25:10on properly they don't own. So my word, and if everything goes just
- 25:15perfect, then it may all work out. I mean, if you're an
- 25:18only child, for example, and your parent doesn't do a will, well
- 25:22you're still going to inherit it now you haven't bought it to look and see
- 25:25where they have a mortgage on it or not because you didn't do any title
- 25:27work or anything. But if you're out there, I mean, I just
- 25:32strongly suggest this to protect yourself. If you're going to put any substantial improvement
- 25:37on property that you care about and don't worry about it just going away someday
- 25:42without you get anything back for it, or if you're going to live there
- 25:45in a structure or dwelling that you build or you pay for, you need
- 25:51to talk to a lawyer to make sure you have some security that you own
- 25:56that property are going to and there are multiple ways to do it. And
- 26:00if you can afford to bet pay cash or bard up money to buy home
- 26:03and put on the property, you should be able to spend thousand bucks maybe
- 26:07two thousand dollars to get a survey done, cut that piece out and have
- 26:14whoever's property you're putting it onded some interest to you. Then you're secure.
- 26:18And you know people don't want to spend you know, I have folks that
- 26:23will well, I've been paying m X amount of dollars a month. Well,
- 26:26I mean like thousand dollars a month or something with nothing in writing.
- 26:30That's going why didn't you? Then you tell them, well, here's what
- 26:33it will cost to do some title work and get the deed done a thousand
- 26:37bucks or something total or less, and they balk at it. It's like,
- 26:41well, you've been paying a thousand dollars a month on some verbal agreement
- 26:45that could just be considered rent versus a payment to purchase, because you don't
- 26:49have any things solid in writing it says you were buying the property, and
- 26:53and you know, you just got to think about that in a long term
- 26:57fashion. You know, not you can't be shortsighted. So you got to
- 27:00think about how, how if I've put tens of thousands of dollars in this
- 27:04property, can I secure the fact that it won't be taken from me or
- 27:07that I won't be forced to move out? And generally to get that done,
- 27:11you've got to get it deeded to you. And so you know that's
- 27:15my I guess that's my soapbox for today. And if you have questions about
- 27:21that process and you're gonna do it, certainly can call us, but you
- 27:22know, to call us ahead of time and we can tell you. Here's
- 27:26what you can do to get this done right. Then you can make an
- 27:29informed decision whether you want to do it or not. You can certainly not
- 27:32and take the risk, and if everything works out perfect the way you hoped
- 27:34it would, then you'll be fine. But you know, I don't get
- 27:37those calls. I get the calls when there's a crisis. Right. Don's
- 27:42on the line with Tom Peyton. Don go ahead, thanks for calling.
- 27:45Hey, Hello, good morning done. I was recently divorced and to get
- 27:56my wife off of the ex wife's offers alone or mortgage loane, do I
- 28:00have to resign it? Um? Generally yes, but that's up to your
- 28:07lender. So um, if she is on the loan as a what i'd
- 28:14call code debt or a co borrower, then they can rework it for you
- 28:22if they're willing to. But that all depends on the bank or the lenders
- 28:27underwriting. I mean, if they're satisfied when you sign on a promisory note,
- 28:32which is the promise to pay money back when a mortgage your land stands
- 28:37as collateral. But if they foreclosed and take it and sell it, then
- 28:41whoever signed that promisory note, it could potentially be personally liable as well.
- 28:45So right now you got to think of it from the bank standpoint. They've
- 28:48got two folks that are potentially on the hook if this It doesn't matter what
- 28:52the divorce order says, because the lender's not a party to that, so
- 28:56they can now maybe you would have to protect her from the debt via the
- 28:59court order or something and divorce, but a lender can come after both of
- 29:03you, and and so from a lender standpoint, if you can convince them
- 29:07that my credit is good enough, you don't need her on this note anymore,
- 29:11and perhaps you can get them to rework it without a quote refinance.
- 29:15Otherwise, yes, you've got a bar of money from that lender or a
- 29:21different lender who's willing to load you that money without her on there as a
- 29:26co signer. And then you refinance and it pays off the first note,
- 29:30and then she's out of it. And of course you wouldn't want to do
- 29:33any of that without her contemporaneously at the same time executing a deed conveying her
- 29:41interest in the land to you. Yes, right, yeah, taken care
- 29:47of um. I just can't get the interest rates right now that I have,
- 29:53right so there's different ways. I mean, I don't know if your
- 29:56divorce is final or not. I mean you don't. Sometimes they won't.
- 29:57He says it is okay, So you know, I don't know what the
- 30:00divorce order says in particular. But yeah, that's the you know, that's
- 30:04the that's the problem right now, if you had any way to now,
- 30:07A lot of times those divorce orders won't necessarily require you to They may require
- 30:11you to make a good faith effort to, for example, refinance to remove
- 30:15her name. Otherwise, a lot of times those orders will just have what's
- 30:18called hold harmless language. So the order will say, non, you're responsible
- 30:23for the debt. You have to hold her harmless from that debt, meaning
- 30:26you need to make all the payments timely so it doesn't affect her credit.
- 30:32As long as you do that, you know, it's fine, and eventually
- 30:36it'll be paid off. Sometimes that's not agreed to by the opposition because it's
- 30:41going to be a liability. If they go to barrow money, you know
- 30:45they're gonna they're any creditor or lender will see that as a liability for them
- 30:49on the bucks and so you know, then they've got to go take the
- 30:52divorce order and see if they can convince them that they don't really owe that
- 30:56debt because you're going to take care of it. But yeah, that's I
- 30:59feel because the rates have gone up, I mean they've doubled wade or tripled
- 31:03for mortgages over the last sixty seven years. I guess leading really gone up
- 31:07extremely fast here in the last six months or so. So but yeah,
- 31:11if you I mean, I guess you can try and string it out.
- 31:15It depends on what your coote order says. You don't want to be in
- 31:18contempt of court. A lot of times there's there's contingencies too. If you
- 31:21can't get a refinanced or her nate being qut off of it after a certain
- 31:26amount of time, then you may have to sell it or something to And
- 31:30depends on what the courte order says. So yes, right, okay,
- 31:34that helps, thanks a lot. Eight fifty two on five eight whs the
- 31:38voice of Chaluston Tom Payton's with us to the Payton Law Firm in Nitro three
- 31:41or four three four five fifty eight fifty is our number three or four or
- 31:45three four or five fifty eight fifty eight time you wanted to make a comments
- 31:48on this huge out of court settlement. Yeah, I was, you know,
- 31:52as we were in our trial. Of course, everybody here locally,
- 31:55we were all kind of busy with that a team, I guess. So
- 31:59they were supposed to start the big dominion voting machine versus Fox Quote News Monday,
- 32:07right, and then there was a So I was in there picking a
- 32:08jury money, but I think they delayed it. Yeah, and without telling
- 32:13anybody why, So you figure out they're working on a settle, and I
- 32:15guess it came out what Tuesday at some point that they resolved it for seven
- 32:21hundred and eighty seven million, almost eight million. I was kind of hoping
- 32:23they would have some kind of there was a non monetary term. I think
- 32:28Fox had to say something about it wasn't really a mission that they lied.
- 32:36It wasn't. It was kind of a milktoast type in between her. It's
- 32:39like we they acknowledged that the judge's rulings about some false information or valid rulings
- 32:50or something like that. I mean, it was really really watered down.
- 32:52But it's too bad because that would have been that would have been the trial
- 32:55of the century for media. Maybe Ever, probably there's gonna be some I
- 33:01mean, there's gonna be some fallouts. So you've got you know, it's
- 33:06come out to the public enough that the high executives, in particular mister Murdock
- 33:13I knew of some of this bad behavior, and the argument be he knew
- 33:15the risk of putting out this type what i'll call propaganda ended up getting him
- 33:22sued to the tune of almost a billion dollars. So now the shareholders are
- 33:24probably going to be filling lawsuits against officers of the company, and we'll see
- 33:31how that falls out, because I'm sure the stock took a hit, and
- 33:35I think there might be some other defamation cases still going against Fox News from
- 33:39some other entities, So we'll see how that plays out. But it's even
- 33:44for Fox News, it's a significant amount and it's gonna move the meter.
- 33:46And so you're gonna have these shareholder lawsuits probably alleging bad behavior by the corporate
- 33:52execs that resulted in this big payment and the downturn in stock or value of
- 33:55the company, and those are I'm sure those are being worked up right now.
- 34:01If it was just kind of simple negligence, I don't know that you
- 34:04would have that kind of case but you've seen the things that came out and
- 34:08the judge and the you know, the knowledge that behind the scenes folks and
- 34:15his zex had about the false nature of some of these claims that were pumping
- 34:21out. You know, you look at that at from a shareolder's new points,
- 34:24like, well, why did you do that? I mean, why
- 34:27do we need to do that to keep these ratings up? And now what
- 34:30you've done has gotten to send a bind and we've i mean seven hundred eighty
- 34:34seven millions just what they're gonna have to pay dominion not I'm sure they paid
- 34:37millions and millions and lawyers fees to defend this thing, and so well,
- 34:43there's going to be some fallout from it. I kind of wish there was
- 34:45a little better non monetary behavior restricting component to the settlement, but I don't
- 34:52think there was. It was a they had to make a mild statement admitting
- 34:57that the judge's findings about some of them matters being false or valid findings or
- 35:02something to that effect. And of course this keeps them It's a hefty price
- 35:06to pay, but it keeps them from putting certain people on the stand.
- 35:08Right. Oh yeah, all the pundits, the pseudo news people and even
- 35:15the corporate exects, like I mean, mister Murdoch, Rub Murdock's like ninety
- 35:19ten years old. But he I mean I saw him walking to his card
- 35:22and he gave a deposition. Yeah, he looks pretty spry. I mean,
- 35:24he looks good. But but who would want to do I mean,
- 35:27going through a trial, public trial, we were cross examined in front of
- 35:30everyone. I think most of the depositions have been kind of laid out based
- 35:34on all the motions that were filed. But that's different than being an open
- 35:37court with cameras on it and just getting drilled by lawyers about how do you
- 35:43explain this? And I mean I could ruin some of those pundits that they
- 35:47put on in the evenings, could just ruin them. So I'm sure there
- 35:52was internal pressure to resolve this at all costs, and they did. I
- 35:57mean, I actually they paid less than what dominion I think, yeah,
- 36:00almost half of what they initially demanded, but I wasn't sure where they were
- 36:02really coming up with that number anyway. I'm not sure what their damages were
- 36:06as far as like did they really lose business? So there not supplying the
- 36:08voting machines to particular government entities because of what Fox Quote News put out there.
- 36:15I don't I don't know. That wasn't the fun part of the case,
- 36:19so nobody heard about that side of it, right Tom Peyton Payton Law
- 36:22Firm in Nitro and Tom the best way to get ahold of you guys here.
- 36:27Yeah, So there's a lot of ways to get ahold of au.
- 36:28So you can stop by of course twenty eight one First Avenue. First Avenue
- 36:31is the main drag through Nitrobe and if we're available, we'd be glad to
- 36:36talk to you. And of course we have a good staff has some longevity
- 36:38so they can answer basic questions. Or you can give us a call at
- 36:40the office at our number three oh four seven five five five five five six,
- 36:45or if you're more comfortable sending an email or somewhere you can't be on
- 36:50the phone, you can go right to our website at Peyton Law Firm dot
- 36:52com and that's Pey not pay and then you can submit an email inquiry and
- 36:59it goes right to my computer and Dad's computer and we try and get back
- 37:01the same day or the next day. Actually have a chat feature that we
- 37:06added through Facebook Messenger on our website, so you actually click on that We've
- 37:10got I just started that a couple of weeks ago. It's a new feature
- 37:14on Facebook, so you can actually go in there and go through. I
- 37:15think you have to have a Facebook account for me to respond. So if
- 37:20you're comfortable to using Facebook Messenger, you can click on a little tab on
- 37:23our website and send a message that way. But so email, phone,
- 37:29call, stop by and if if it's off hours and it really is an
- 37:32emergency, if you call, you can push through to a voicemail to me,
- 37:37I get back with you the next week. But if it's a true
- 37:39emergency, I should be able to check it and then get back with you
- 37:44if necessary. Okay, And just the folks out in the Alum Creek area,
- 37:47you know, you just think about them and well, yeah, makes
- 37:52you you know, we're not gonna make a lot of money or any off
- 37:54of this, but it's one of those things that makes you feel good.
- 37:57It's a thing that it's a good one. The justice system can do the
- 38:00right thing, and I really feel like it. It worked this week for
- 38:02them. Yeah, yeah, exactly exactly. And from start to finish,
- 38:07real quick, how how long was that whole whole thing. Well, we
- 38:08started Monday morning, we had to take a break and not start again until
- 38:13one on Tuesday. Yeah, the jury came back, uh like five till
- 38:19five right Tuesday, Yeah, evening. Since it's been a couple of years
- 38:22you've been working with, the families have been lessening. Oh yeah, loss.
- 38:24It was followed in twenty twenty one. Yeah, okay, so November
- 38:28twenty twenty one, yeah, yeah, we yeah, and it's one we
- 38:30tried to resolve. We had mediation twice, once in office and once out
- 38:34on the scene and just couldn't get it, get it done. Okay,
- 38:37Tom, good seeing yet. That's Payton Law Firm dot Com. Three or
- 38:40four seven five five fifty five fifty six three or four seven five five fifty
- 38:45five fifty six. ABC News is next. This is five eighty w c
- 38:49HS W c H A two four three d RFN W two and three Q
- 39:00Cross Lanes b w VRC Media Station. We are proud to live here too
- 39:08from ABC News. I'm Derek Dennis. The Supreme Court considering a decision on
- 39:14the controversial abortion pill MIFA PRIs stone for now Justices of issue to stay on
- 39:19the drug. The justices have several options here. They could allow those restrictions
- 39:22to go into effect, and that would immediately change access to the abortion pill
- 39:27across America. Or they could block those restrictions while the case is litigated.
- 39:32Or they could take the case up themselves. ABC's Terry Moran deadly