Scott, You're very welcome. That's why I'm here. Cheri

Winston, Ah, the joys of eminent domain. When I first learned about this in real estate school, I was highly indignant. I haven't lost much of that opinion over the years, because the principle is often misused here in the states. I can understand needing to put a highway through, and fortunately your friends were satisfied with the settlement. There's a case in the next county from me right now where the city wants to take a property where a highly profitable business is located, in order to allow a developer to create an even more profitable business. The issue lies in the settlement, which the property owner doesn't feel is sufficient to compensate him for the loss of his business. I think the interests of the public in this case are very tenuous. I could drag out my soapbox and wax loquacious on this one, but I'd rather hear from my readers. How do you guys feel when you hear of someone's property being taken from them because the government wants to give it to someone else--not for the public good, but for profit? Cheri

Hi Cheri, Thank you for the invitation to your forum. This is a great forum topic and you have supplied a lot of information here. However, I wish that all the States had the same laws. Being a New Zealander that had the privilege of living within the same law structures all over New Zealand - I find it quite difficult in many cases here in the States to understand. I have found from personal experience that even when you ask - customer service, clerks etc in the front desk area a question pertaining to what company (Real Estate, Attorneys, WalMart or whomever) where they are members of staff with - do not know, they do not seem to care..even to the point of "I have no clue" and leave it at that. There is no offer to follow up with "I will ask for you". - and if they do, they will not return a phone call with their answer! I find this kind of answer and actions extremely frustrating because I (and I reckon many others also from the comments read here) do not know where to inquire to obtain more resources. - It is like we are all deliberately been kept in the dark. Do you think these actions are due to total incompetance, or lack of knowledge? Kind regards Amanda Martin-Shaver

Hi, Amanda Glad you were able to re-post. For everyone else's benefit, I was deleting a duplicate post and lost Amanda's reply to it also--didn't realize that would happen! Now, for your comments and questions, Amanda. Your wishing all states had the same laws gets into the subject of state's rights and I'm not an expert there. I will say that the US has a long history of trying to strike a balancing act between federal and state law. Natural-born citizens don't have any easier time of navigating the confusing issues than you do. With regard to real estate, some states are 'mortgage' states and some are 'trust deed' states, although we use the term mortgage for convenience. The difference is whether a foreclosure requires a court order or not. Utah is a Trust Deed, or non-judicial foreclosure state. Once the process described in my story is done, it's done. The new owner may have to go to court to evict the previous owner, but it will eventually come about, because ownership rights are terminated by the foreclosure. In a judicial foreclosure state, it's quite a bit more complicated and a redemption period of sometimes as much as six months allows the previous owner to regain title. Anyone wanting to know which way it is in their own state can contact their equivalent of the Division of Real Estate, which should be a state agency, accessible through the state website. But, Amanda, I sense that it isn't just this issue that's causing your frustration. In fact, what you are experiencing is a customer service issue, and it may have to do with just the individual you are speaking with at any given time. Calling back may get you someone who is more competent, more caring or both. When I encounter a situation like this and the first person I speak to can't answer my question (or give me a satisfactory answer), I ask to speak to a supervisor. I find that people are more cooperative if I say something like 'I understand that you are only doing your job, and I'm not upset. However your answer doesn't meet my needs. Is there someone else who may be able to authorize special handling?' I only bring out the claws when someone obstructs my climb to the top person or when the top person won't make reasonable accommodation. If someone were to say to me I have no clue, and then wait for my response, I would ask to speak to someone who does have a clue. I wouldn't be particularly kind, either. That's indifference, and it's entirely inappropriate from customer service. Over, under, around or through the obstructions, I usually find a way to get what I want, or a reasonable compromise. If you ever get stymied and don't know where to turn next, feel free to ask me if I know. If I do, I'll be glad to share. Cheri

Hi Cheri, Thank you for your extremely interesting reply on Real Estate differences within the States - I had not known this and this information will be useful at a later date. We are purchasing land and will be placing a house on it some time, hopefully in the not too distant future and there is that possibility we will sell it one day too. The Next piece of information you give is very informative too and you have supplied wonderful understanding and great answers/reponses to give to people when we encounter them. Now, I would like to just clarify here that I may not have been as clear as I could have been. I am a person who does ask, and will ask again and again if I do not understand the first times..Especially since being in the States because of the culture differences I have encountered. I have tried many, many times to explain that what is natural and common sense for Americans in general, is not common for me and I do not comprehend. I have given them an example if I can what the difference is from New Zealand to America to give them a better understanding of what I am experiencing. These are the people who get annoyed with me, or give a flippant answer of "Well you are in America now" or words to that effect and want to brush me off! (My feelings, when they do this is: They have been made aware they do not know so instead of acknowledging to themselves they are not as bright as they think they are - they want to blame me for their ignorance)- They are reacting instead of responding? The other times I am frustrated is when I know there has to be resources around for me, I just do not who or where to go and ask - the people I ask who I believe should know the answers, do not know. The people I am coming across in everyday life just do not seem to know or care. Thank you Cheri for allowing me to get off the original topic of your forum and appreciate you have opened this up to me to ask questions. I appreciate this opportunity very much. Kind regards Amanda Martin-Shaver