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Voice of the Soul
Last Known Status: Active
Latest Voice of the Soul News
Below is our complete Voice of the Soul news coverage, including columns and articles pertaining to the band. Some articles listed may be indirectly related, such as side projects of the band members, etc.
Voice Of The Soul Headed To India, Posts Video
The death metallers in Voice of the Soul are now preparing to head to India for some special shows soon to be announced, after winning the Holy Noise Battle of the Bands in Dubai on August 16th at Club Ratsky.
Guitarist Monish Shringi commented, "I'm really happy to have won this, given that we competed with some talented bands. What I'm most happy about though is the fact we put on a great performance and had a good time with the audience."
Voice of the Soul is currently working on a debut full-length album, after releasing third EP, "Into Oblivion," in August 2011. The EP can be streamed and downloaded through Bandcamp. More...
Voice Of The Soul Streaming "Into Oblivion" EP
Kuwait's Voice of the Soul has posted its entire new "Into Oblivion" EP online as a free download. You can stream or download the tracks through the player available after the jump. The track listing is as follows:
1. Immolation
2. Guardians of Genocide
3. Pandemonium
4. Cast Away In Betrayal
5. Wither
6. Under A Serpent Sun (At the Gates Cover) More...
Voice Of The Soul Streaming At The Gates Cover
Kuwaiti act Voice of The Soul has posted a cover of the At The Gates song "Under A Serpent Sun," which can be heard in the player below. The cover track is taken of the band's latest EP "Into Oblivion."
Voice Of The Soul To Release New EP
After two months of recording, two shows in Dubai, and another month of mixing, Kuwaiti melodic death metal act Voice of the Soul will be releasing the band's third upcoming EP, "Into Oblivion," on August 5th, 2011.
The six track EP consists of 5 original songs ("Immolation," "Guardians Of Genocide," "Pandemonium," "Cast Away In Betrayal," "Wither") and an extra cover track ("Under A Serpent Sun" from At The Gates).
"Into Oblivion" was recorded and mastered by Sajid "Sarj" Masood at Sarj's Studio, in Kuwait, with Steve de Pina (keyboardist/folk instrumentalist of Riddare Av Koden) on keyboards in the introduction of "Wither" as a guest musician. A preview for the EP is available below.
Voice of the Soul was also covered in a previous edition of our "Unearthing the Underground" column focusing on bands from Kuwait, which can be found here.
Metality Releases New Compilation For Free
Metality.net has released a new compilation for free download. "METALITY - The Compilation: Volume 2 - Sounds of The Middle East" features over 50 bands from across the region. Here's the full tracklisting:
1. Sand Aura "Aljahelia" (Egypt)
2. InnerGuilt "Burden Of Guilt" (Lebanon)
3. Let It Flow "Grey Man" (Turkey)
4. Phobia "Unavoidable Torment" (Tunisia)
5. Coat of Arms "212" (UAE)
6. Benevolent "The Tyrant" (Kuwait)
7. Sakadoya "Get back" (Morocco)
8. Sabhankra "Buried In Dust" (Turkey)
9. Bilocate "The Dead Sea" (Jordan)
10. Depth Feat. Sarj "Crimson Goddess" (Kuwait)
11. Voice of The Soul "Under A Blood Red Sky" (Kuwait)
12. Mental Implant "Latitude & Longitude" (Turkey)
13. Kimaera "The Taste Of Treason" (Lebanon)
14. Arsames "Testament Of The King" (Iran)
15. Bouq "Wrath of a Warrior's Soul" (Jordan)
16. Varden "Prevail" (Egypt)
17. Lunacyst "Merciless Cold Blooded Murder" (Bahrain)
18. Black Well "Drowning In Blood" (Kuwait)
19. Kaoteon "One by One (Dogs Heed the Call)" (Lebanon)
20. Midway "Burning Bridges" (UAE)
21. Osprey "Al Himeeneeni Al Habani" (UAE)
22. Destiny In Chains "Shout Your Name" (Egypt)
23. Blood Ink "Brain Infestation" (Lebanon)
24. Breeze of The Dying "FOA Act 1" (Saudi Arabia)
25. Damned Sorrow "Die On Your Own" (Tunisia)
26. Smouldering In Forgotten "I, Devourer" (Bahrain)
27. Odious "Poems Hidden on Black Walls" (Egypt)
28. Perversion "Subconscious Mutation" (UAE)
29. TRAXXX "Sound of Revolution" (Algeria)
30. Suicide "Bone Collector City" (Turkey)
31. Detonation Theory "In Death Is My Final Part" (Qatar)
32. Apocalyptic Dawn "Stoned to Death" (Bahrain)
33. 13 Days Later "Razor Roses" (Tunisia)
34. Soldered Poon "Splatterpunk" (Morocco)
35. Sawlegen "De Profundis Clamavi" (Morocco)
36. Origin "A Night's Creed" (Egypt)
37. THEE PROjECT "Warriors" (Bahrain)
38. The Crow Murder "The Drowning" (UAE)
39. Vielikan "Celestial Autumn" (Tunisia)
40. Thrashstorm "Skatanic" (Lebanon)
41. The Weeping Willow "Tyrant of The Fall" (Lebanon)
42. Flagellation "Your Remorse" (Tunisia)
43. Soor "The Maze II (The Stranger & The Guardian)" (Morocco)
44. Anaconda "Between Life And Death (Part I)" (Morocco)
45. Karma "No Surrender" (Egypt)
46. Massive Scar Era "The World is Rising" (Egypt)
47. Chalice Of Doom "Endless Prison" (Jordan)
48. Grieving Age "Therefore, A Myriad Of Gargoyles Bellow Their Aborted Versicles, Quoth Thee..." (Saudi Arabia)
49. Mephostophilis "Bloody Sign" (Egypt)
50. Analgesia "From The Ashes Of Morocco" (Morocco)
Bonus Tracks:
1. Tristmoon "The Dungeon" (Lebanon)
2. Dethroned "My Eternal Love" (Lebanon)
3. Omnicide "Buried Without A Name" (Saudi Arabia)
4. Binding Shade "Paroxysm of Emptiness" (Jordan)
5. Forgive Me "Life=Nightmare" (Jordan)
You can stream each track or download the compilation here.
Unearthing the Metal Underground in Kuwait
Each week in Unearthing the Metal Underground we take a look at lesser known bands that are keeping metal alive and kicking in their respective regions and hometowns. This week, we introduce you to three bands from Kuwait: a country that has seen wars fought on its own home ground and in neighboring regions, as well as becoming a home to families trying to get away from conflicts. It has also become a small hub of high quality heavy metal, in both terms of production and originality.
Voice of the Soul
While Voice of the Soul may be better known as a song from the purveyors of death metal, Death, it also happens to be a progressive/melodic death metal band from Kuwait. With the typical line up of influences such as At the Gates, Carcass, Arch Enemy and the aforementioned Death, Voice of the Soul has set about creating a sound that is both intensely heavy and technical, but melodic enough to create memorable and satisfying songs.
Formed in 2007 by three like-minded metal heads who wanted to cover some of their favorite songs, Voice of the Soul eventually started to write and record it's own material, which brought about the release of their its EP, "Winds of Apprehension," in 2009. It included 3 original songs and a cover of Death's "Empty Words." With this first EP, Voice of the Soul took a very straight forward melodic death metal approach. The release of the second EP, "Eyes of Deceit," in 2010 saw the band take a more progressive approach to it's sound.
The band's song "Farewell to Hope" was featured on the Metality Compilation alongside Norther and The Empire Shall Fall. The same song was also voted as the top metal track of 2010 by the readers of Rockability Magazine.
While the band members are currently all based in separate countries due to school, Voice of the Soul is working on a full length album. You can download the "Eyes of Deceit" EP here.
Metality.net Releases Free Metal Compilation
METALITY.net, in cooperation with Metalhit.com, released their first digital compilation album, "METALITY - The Compilation." It's been out a while now, but free music is always worth passing on to our readers.
1. THE EMPIRE SHALL FALL "Lords of War"
2. FOMENTO "The Die Is Cast"
3. NEOSIS "Unwilling Fate"
4. NERVECELL "Vicious Circle of Bloodshed"
5. NORTHER "Break Myself Away"
6. DEMONIC RESURRECTION "The Unrelenting Surge"
7. DAYLIGHT DIES "A Portrait in White"
8. SCARAB "War to End"
9. CiLiCE "Mental Breakdown"
10. EMPYREON "Beyond Perception"
11. MANTRIC "Symptoms"
12. BREEZE OF THE DYING FOA "Act I"
13. DREAMSHADE "Our Buried Secrets"
14. CHROMIUM "All I Have"
15. BENEVOLENT "Haunting Shores"
16. A THOUSAND REASONS "Strength and Fight"
17. WARTHANE "Lord Oblivion"
18. VOICE OF THE SOUL "Farewell to Hope"
19. COAT OF ARMS "Ballad of the Mariner"
20. PAURA "Scars of Life"
21. BILOCATE "Inoculate"
22. CRESCENT "Jerusalem"
23. POST MORTEM "Whispers of Ages"
24. A SHOT OF ADRENALINE "The Human Plague"
25. DEPTH "Memento Mori"
There are three3 bonus tracks available on the download version of the album, including:
1. BLACKWELL "Deliverance"
2. KILL THE ROMANCE "Trespasser"
3. THE CROW MURDER "Doubt"
You can download the whole thing here, individual tracks here or preview them first on a player here.


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HOLLYWOOD -- When the biopic Ray hits theaters next month, audiences may swear they're seeing Ray Charles play himself onscreen.
Comedian-turned-actor Jamie Foxx absolutely nails his performance as Charles, perfectly capturing the musical
legend's unique speaking cadence and physical mannerisms. Texas native Foxx put his childhood piano skills to work on film,
and he lip synchs so well to Charles' voice that audiences forget he's not actually singing.
Ray, directed
by Taylor Hackford, picks up Charles' story in 1948, when he travels from Florida to Seattle to play the city's jazz clubs.
It follows the singer's rise through the '50s and '60s, and it gives a stark look into his problems with heroin addiction
and womanizing. Through flashbacks we also learn about Charles' childhood in Georgia, where he tragically lost both his younger
brother and his mother at a young age.
Music is used with great dramatic effect to underscore pivotal points in Charles'
life and career. Among the hits featured are "Mess Around," "I've Got a Woman," "(Night Time Is) The Right Time," "What'd
I Say," "Hit the Road Jack" and "Georgia on My Mind." The filmmakers also feature Charles' foray into country music with his
1962 landmark album Modern Sounds in Country and Western Music. Several of the country standards he covered -- including
"I Can't Stop Loving You" and "You Don't Know Me" -- are included on the 17-cut soundtrack CD that will be released on Oct.
Foxx's performance is in a league with Sissy Spacek, who basically became Loretta Lynn in the 1980 film Coal
Miner's Daughter. Spacek won an Academy Award for that role, and Foxx is already being talked up as an Oscar contender
for his work in Ray.
In August at the Los Angeles premiere for his current film, Collateral, Foxx told
CMT News that Charles gave him the thumbs up before his death in June.
"Ray was alive and got a chance to view the
movie before passed on," Foxx said. "He signed off on it and said, 'The kid's got it.'"
Ray opens at theaters
on Oct. 29.

subset: commoncrawl


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Sorry? How is 'Once' the only correct choice here?
1. Neither of these boys (Want/Wants) to try a piece of ...Below, the subject My dog is not inside a prepositional phrase:
2. My dog, along with seven puppies, has chewed ...A clause has a subject and a verb. Where is the subject and verb here?
3. Lying exposed with its blanket of snow, ...You're right: Lying exposed with its blanket of snow describes the noun the ice.
A simple sentence has one main verb, a compound sentence has two or more main verbs. This sentence below has two main verbs:
4. He drives a Rolls-royce and his wife (drives) a mercedes.How many main verbs do these sentences have?
5. He wondered how he was progressing?
6. Rosen, her mouth stained with berries, came out of the park.We don't do homework assignments.Originally Posted by aous02


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For Sale: 1994 Cadillac Eldorado
Ad #182169709 Posted:2014-06-18 10:42:58
This ad has been marked as sold.
1994 Cadillac El Dorado. Only 96k miles. 300hp Northstar engine. Nice green original paint. No rust or dents. Clean tan leather interior. New AC. New battery. New plugs. New coil pack. New throttle positioning sensor. Recent brakes and exhaust work. Mag wheels; good rubber. I have owned this car for 10 years; has been very dependable. Gets 26mpg on the highway, 18mpg average. Car is not flawless, but extremely nice. A lot of car for $3,500! 513-752-4956
Seller Phone Number: 513 752 4956
This item is USED
Trades ACCEPTED
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Item Location:
CINCINNATI, OH Get Directions To This City
This item is USED
Trades ACCEPTED
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Seller Information
Ad posted by:
Ad posted by:
lealmarilyn (#630587)
Member Since: 2012-05-18
Phone Number: 513 752 4956
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Number of Honor Payments: 0
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Main Beam Issues
Read with interest comments by all in johnbaum "Basement Main Beam Replacement".
I've got a slightly different situation.
The main beam is a sandwiched beam (two 2 X 13's) that runs the length of the home (about 50 feet). Each side of the main beam made up of two beams (approx 25 feet in length). They are bolted together as required. There are five concrete piers (16 x 16 block) supporting this main beam. The floor area is dirt as it is a crawl space.
The south side beam splice (joint) rests on a foundation support. However the north side beam splice (joint) does NOT rest on any support.
The main beam is starting to split on the bottom by the north side main beam splice (joint). To make matter worse, it appears the beams had a large crown when installed such that the low point exists where the north side splice (joint) exists.
I initially thought to put a steel beam or engineered beam between the footings
where the north side split (sag) occurs. However, to do this would require the floor to be raised and I believe this would impact the roof trusses sitting on the top plate of the interior walls That is as the floor is raised, the roof trusses (2x4's on bottom of truss) would be lifted and may crack or the truss splice (which rests approx over the main floor beam location) may give way.
My second thought was to put a 6 inch channel under where the splitting is occurring
(channel would extend well past the split area) and install two jacks. However, where I need to place the jacks, there are water lines buried underneath the earthen floor.
Suggestions Requested
Any suggestions would be appreciated -- other than hire an engineer -- which I believe I believe will result in the response of "tear down the interior walls and jack up the floor"
One reason it's failing is there should have been at least 3, 2Xs not just the two you have now, to give you a wider bearing surface.
To get another one in it only needs to be lifted about 1/8 to 1/4" and should not hurt anything if the jacks are placed right and at least 3 are used on each side of the beam and the beams long enough to spread the load.
I highly doubt any engineers going to tell you to tare it down, but they will tell you the right way to fix it so it does not need to be done again.
Your just putting back where it was, don't worry about the trusses.
nealtw - thanks for responding.
Do have another couple questions as need to put a couple of headers as swapping the toilet and shower. Floor joists are 3x9 (real not nominal) on 16 inch centers. Headers will be between joists so no headers over approx. 16 inches. With the headers installed, one tail joist will be about 12 feet the other about 4 foot.
FWIW not used to dealing with such wide joists.
1) Would I be better to use hangers to hold up the header against the joists and also use hangers for the tail joists -- or --
2) Use some 1/4 inch lag bolts (say two) that are offset -- not -- vertically aligned -- or
3) Try and pre-drill (since old wood) and nail?
If nothing much has moved, just bolt on another say 2x12 over the joint from post to post.
I think you are talking about cutting floor joists to allow for plumbing. If we had 2x10s we would double the full length ones on each side and hang a double between them and hang the cut one from that. As you have 9x3s they should be strong enough depending on length.
Per "Strucalc" I supposedly have 50% extra with the 3x9's, so structurally not concerned where I need to install the headers -- which is in a different area than the "sag / splitting" of concern. As stated above, only issue with 3x9 is best way to attach the tail joist and also hang the header from the adjacent supporting joists.
(Can get hangers but big $$$(quote $11.00-$16.00 each hanger)
A header is what goes over an opening in a wall, such as where a window, or door is to suppost the area above it, what your doing is adding blocking to support the floor above. Yes, use hangers, there's no other good way to do it with the lumber your working with.
Small price to pay to not have your floor sag.
Blocking on the other hand is placed between two joints to keep the abutting joists standing vertical. In this case no joist is cut.
While I agree hangers would be best, at the cost other alternatives may also work.
One example is you could make your own hanger by drilling the supporting joints.
attaching a two by four with carriage bolts. and then resting the header on the two by four support. Lags screws are another option. Nails will even work.
My objective in posting this thread is to get some feedback from others who have worked with larger size lumber or do timber framing to see what is the "best"
alternative if hangers are not used!
Make sure you are looking at the right hangers or the right store. You need double 2x10 hangers, the cheap ones. They are for 3".
Looked at Simpson HU38R and HU310R (R designates rough cut); Cheapest price I've found so far is about $10.50 ea (+ tax & shipping).
|All times are GMT -6. The time now is 03:42 AM.


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Home > Post > Post 2 > Post 2 News Release > 2008 News Releases > News Release
News Release
TFC Stu Recke
Public Affairs Officer
Kentucky State Police
Post 2, Nortonville
(270) 676-3313
Click here to e-mail TFC Stu Recke
Injury Collision on US 60 in Crittenden County
Date of News Release: 07/23/2008
Madisonville, KY - Arleta Davidson was operating a 1998 Dodge Caravan eastbound on US 60 when she attempted to make a left turn into a driveway. Brenda Smith was operating a 1998 Ford Mustang westbound on US 60. Ms. Davidson turned into the path of Ms. Smith and Ms. Smith's vehicle struck Ms. Davidson's vehicle on the passenger side. All subjects in Ms. Smith's vehicle (Brenda S. Smith, Derrick Walton, Dennis Holloman, Shy Anne Smith & Summer Holloman) were transported to the Crittenden County Hospital for treatment. Ms. Arleta was not injured.


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Sugar Cravings And Slique Weight Control
Author: Evelyn Vincent
Skill: Healer
Location: NC, United States
Posted: 07-13-2013
Views: 3,273
Word Length: 170
Questions received: 0
Keywords: weight, diet, pounds, inches
I've found that Slique Essence is awesome for eliminating sugar cravings. When I feel like I need a sugary dessert I simply take one drop of Slique Essence on my tongue.
I very much enjoy the flavor of this essential oil blend and particularly like how the flavor shifts to another the longer it's in my mouth. The first layer of flavor is spearmint, shifting to slightly warm and spicy - that would be the Ocotea, moments later are the citrus flavors... and somewhere along the line the sweetness of the Stevia kicks in.
Some of the benefits of Slqiue Essence go beyond eliminating sugar cravings though. The citrus oils are high in limonene. Ocotea is good for blood sugar levels.
Generally speaking though, I think this is a good essential oil to have a drop of every day for encouraging better health - either on the tongue, in a glass of water or a cup of tea.
Tip: be sure to give the bottle a good shake before use.
Available Options
You can use the link below to ask the author a question. Once you register for your own free membership, the other listed features will be available.
- Ask Evelyn a question
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Testimonials about essential oils are an effective way to learn and share. With this kind of knowledge, we can each take control of our own health. The statements on this website have not been evaluated by the FDA. Products and techniques mentioned here are not intended to diagnose, treat, cure or prevent any disease. However, when you give the body what it needs then the body can heal itself as God intended it to. Please use extra caution when using the oils on animals, as some of them are very sensitive.


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Written by:
Every day is a different day.
Life is passing that has no stay.
Facing always a different face,
Reading or writing, it's a case,
What's right or what's wrong?
We like only to sing a song.
Nobody knows what's behind?
Who tries the circumstances to find?
Blame and claim that's easy stance,
Taking a decision at formal glance.
A theory of forgiveness isn't slight,
Human scratches darkness in mercy light.
What education we need to grow,
What training we want to blow,
Options, options and options we take,
We failed to learn in the World Lake.
Religion, colour, caste and creed,
Is living necessary or this weed?


text:
May 09, 2013, 3:26 PM — Microsoft today said it will issue 10 security updates next week, two rated "critical," to patch 34 vulnerabilities, including the zero-day bug that has been used by cyber criminals to poison "watering hole" websites in attacks aimed at U.S. government workers.
"IE is always critical, and we expected at least one update this month," said Andrew Storms, director of security operations at Tripwire's nCircle Security, in an interview. "What was surprising was the IE8 fix."
The remaining eight updates, called "bulletins" by Microsoft, were pegged as "important" on the firm's threat scale, and will provide patches for Windows, several applications in the Office family and for multiple communications products, including Lync, Microsoft's enterprise-grade instant messaging platform.
Three of the Windows security updates will affect Windows 8 and Windows RT, Microsoft's newest operating systems; one of the trio will patch only those two editions.
But the two updates aimed at IE are those to deploy ASAP, said Storms. Of the pair, the most important will be Bulletin 2, which will patch the zero-day in IE8 disclosed last week by several security firms when they analyzed attack code planted on the U.S. Department of Labor website.
"We are working to have the Internet Explorer Security Update address the issue described in Security Advisory 2847140," said Dustin Childs, group manager of the Trustworthy Computing group, in a post to the Microsoft Security Response Center (MSRC) blog today.
Last Friday, Microsoft confirmed the IE8 vulnerability when it issued that security advisory. Yesterday, the company published an automated "Fixit" tool to protect IE8 from in-the-wild exploits. The tool was based on a "shim," a term used to describe an application compatibility workaround, a tactic Microsoft has used in the past to ward off active browser attacks.
Last December, Microsoft released a shim to block attacks exploiting a then-unpatched bug in IE6, IE7 and IE8. Those attacks surfaced when security researchers spotted drive-by exploits hosted on the website of the Council on Foreign Relations (CFR), a non-partisan foreign policy think tank with offices in New York and Washington, D.C.


text:
Glow In The Dark Basketball
If you want to make it into the pros, you'll need to practice all day and all night. And now with the glow in the dark basketball, playing ball in the darkness is no longer an issue as this light up ball will keep the training sessions and pick up games lasting til midnight.
$18.161238 saves


text:
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Absolutely Not Worth the Markup & Failed Delivery
Delivery times that they use to market and induce customers to purchase products from the site are not accurate and not reliable. This is unfortunate because the only reason for paying more money to purchase products from the Soap.com companies is that they advertise same-day shipping. Customer service is all apologies with no answers, no helpful information and no solutions. I will NOT be shopping here again and would not recommend ever using them at all if you want your stuff to actually arrive when they claim it will arrive.
1 stars
Not what it used to be
I've been a customer of diapers.com and the newer soap.com for years. I loved the convenience of overnight shipping and was even willing to pay a little extra for it (they're prices used to run a little bit higher). But this past year, the site has become just outrageous. First they raised their prices by a lot. Every item that I reorder from my order history is an average of $2.00 more. Then they raised their free shipping threshold from $35 to $49. Then they extended their shipping time. They used to offer free overnight shipping if you ordered by 8pm. Then it went to two day shipping. And my most recent order was placed on a Thursday and did not arrive until Monday! So, in my opinion, the tradeoff of higher prices for quick delivery has been lost. Now they're just ripping people off.
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I will never buy from Soap.com again
items packaged loosely and broken caps on honey; baking powder leaked; caps on cleaner broken; coupon buy one get one free - did not receive free item; supposed to get many cans salmon - got one for $7+; same with angel food cake mix - supposed to get multiple boxes - got one for $3.25. Extremely disappointing.
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Don't shop through multiple sites from Soap.com
Our family absolutely loves the convenience of the next day shipping, especially when we run out of a necessary product. However, please do not shop through their multiple sites at once as you only receive a part of FW Cash back. For example, we bought some household items from Soap.com and cat food from Wag.com within one click. Only Cash Back for the household items was received and nothing for the cat food. Thus, from now on we will place orders from this family of sites separately, regardless of their marketing push to combine all the purchases. Fat Wallet should have made it clear to their consumers.
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Great website!
Fast shipping, good price, and large selection!
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The BEST Place to Buy...SOAP!!
I do not work for Soap.com and am not affiliated with them in any way other than as a customer. DO NOT pay attention to the negative reviews on this page! Soap has ALWAYS fixed problems with my orders, IMMEDIATELY and even sent out freebies. I have been a customer since they first started and, while they may not be the cheapest, they provide me the "natural" soap product that I NEED for my septic system and for being kinder to the environment. These natural products also last about twice as long as convention products thus, one bottle of detergent is like getting 2 SO, it is actually less expensive than the grocery store (take THAT, naysayers!). I LOVE Soap and have been with them for over a year now and they have NEVER let me down. They actually implemented one of my ideas on keeping soap "contained" in case they break in route - they now put soap items in bags! That's listening for you! GO SOAP GO!!!
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Great prices, fast delivery.
I'm very happy with my first SOAP.COM order. Used 20%off coupon, plus I got FatWallet Cashback. Deliver was fast (ordered Saturday, delivered on Monday).
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Overpriced, coupon codes never work
The prices on the items are a lot more than you'd pay, even at a pricey grocery store or drug store. You can't use coupons and sales are few and far between, so you really have to be savvy to get a good deal from this site. It can be done, but only if you are very in tune with what is a good price and what usually has coupons you can apply at a brick & mortar store.
My other complaint is that they frequently advertise coupon codes... and they never work! I have ordered from the soap.com family of sites 3 times now, and each time had to contact customer service regarding the codes. First time it was a code from a coupon insert from my local paper that wouldn't work for a first time customer- it kept telling me I wasn't a first time customer when I was. Last time it was a code advertised right on the item page, but didn't work (customer service said "oops, that expired yesterday, we forgot to remove it from the site"), and the last time it was a code they send to me via email, when I went to use it the response was "you have to be an existing customer to use this code."
For prices that aren't that good, and coupon codes that NEVER work, I don't think I'll be using them again. Unless they can give me a super good bargain on items I use regularly.
I gave them 2 stars because the customer service folks (who I contacted via email) were always quick at responding, even if it took them a few times to correct what I was asking. And the threshold for free shipping is relatively low.
5 stars
Excellent Service
Normally I don't seek out sites to review store fronts but I to on this occasion. I had ordered a bunch of shaving paraphernalia that was already a good price made better by the first time purchasers coupon available. Unfortunately I didn't receive one of the items ordered. Reviewing the web site, the item now indicates it is out of stock. It was replaced with the same brand of product but not similar (shaving cream v. soap) even though it has an equivalent replacement (tube instead of jar).
Calling customer service was actually a treat. They were very apologetic and generous with fixing the problem. It's rare to find such a responsive and proactive company now-a-days. I will definitely do business with it again. Shipping time was reasonable.
5 stars
Fast shipping. The Tart Cherry Juice is good in plain Greek Yogurt.
2 stars
The coupon seems don't work
I am the first time buyer from this site, found coupon online , but when I check out, the coupon seems don't work.
5 stars
Happy NYC Soap.com Customer!
We moved to NYC a year ago and have had to change our suburban ways to adjust to city living. Since we left our cars behind, we no longer shop the same way we used to and have found a new love of shopping online! Soap.com is a blessing and allows us to save the hassle of lugging heavy items back to our apartment. Plus, it's a great time saver too! Within 24 hours, our items were waiting for us at the door. I would definitely shop there again and tell all my friends about it!
Bonus is the 4% cash back from Fatwallet! Love it!
5 stars
Wow, that was fast!
Ordered lipstick Maybelline discontinued. They had color I wanted at a fair price and arrived in 1 day. Shipping was free and got 15% discount. Would order from this company again
5 stars
My first experience with soap.com was awesome--I'll definitely be shopping with them again. Great selection & great prices, plus ridiculously fast FREE shipping. I placed my order on Friday afternoon and it was at my door on Saturday!
5 stars
competetive pricing, fast shipping and great customer service!
I have made a few purchases from them and have never had any trouble with them. 90 day return policy that seems much more lenient than amazon's, and very good prices when it comes to everyday items.
2 stars
Not cheap at all!
Could not believe what other reviewer said here. Most of stuff on this website is much more expensive that other website like Amazon.com or CVS. If you pay attention to deals at your local grocery or pharmacy, you definitely will save a lot than you buy from this soap.com. I personally wills stay away.
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Frank Heinz, NBC DFW
After the crushing hit that left him laying on the turf, Romo will have an X-ray done to check his ribs.
After being sandwiched (hard) by two New York Giants defenders late in the second quarter of Sunday night's season opening win, Tony Romo crumpled to the turf at AT&T Stadium and, after being attended to by doctors, left the game.
Fortunately, Romo returned after half and helped lead Dallas to a 36-31 victory, but it was fairly obvious that he was still feeling the aftereffects of the hit throughout the second half.
"Obviously it's something that doesn't feel great some times," Romo said after the game, per the Dallas Morning News. "You've just got to suck it up and go. It's part of playing football."
Romo added that he'd have the ribs X-rayed on Monday.
"I don't think he was 100 percent," Cowboys head coach Jason Garrett said of Romo. "But that's the nature of this league. You rarely are 100 percent."
Stay on top of the latest Dallas Cowboys news with NBCDFW.com. Follow NBC DFW on Facebook or have breaking Cowboys news sent directly to your phone with Blue Star SMS alerts. Text "bluestar" to 622339 (NBCDFW) to subscribe, text HELP for more info, and text STOP to end the subscription. Message and data rates may apply.Read more about it here.


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Mark Childress
Adult Fiction CHILDRE
Summary: Georgia Bottoms is known in her small community of Six Points, Alabama, as a beautiful, well-to-do, and devoutly Baptist Southern belle. Nobody realizes that the family fortune has long since disappeared, and a determinedly single woman like Georgia needs an alternative, and discreet, means of income. In Georgia's case it is six well-heeled lovers-one for each day of the week, with Mondays off-none of whom knows about the others. But when the married preacher who has been coming to call (Saturdays) decides to confess their affair in front of the whole congregation, Georgia must take drastic measures to stop him. In GEORGIA BOTTOMS, Mark Childress proves once again his unmistakable skill for combining the hilarious and the absurd to reveal the inner workings of the rebellious human heart.
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Georgia Bottoms
Age: 30's
Lives with her mother; has sexual relations with many prominant men in town.


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A few different questions and concepts
by valdar
Tags: concepts
|Share this thread:
Apr15-10, 09:47 AM
Hey everyone 1st off this post will contain a few ideas that aren't really all that related to each other but Im posting them together not to spam the boards. I posted them under General because the topics are literally all over the place
Could it be possible that dark matter was left over from pre-big bang? Given the fact that it acts as the gravitational centre for many of todays structures, it had to have come from somewhere
What if time itself causes super symmetry breaking? Could time be responsible?
Could it be possible that our universe was created through a 3-brain collision instead of 2? The original 2-brain collision could have created everything up to pre-inflation and inflation itself (and everything after it) was created by the 3rd brain?
No light escapes a black hole. What would happen to the electrons of an atom within it? The electrons work off of orbital energy, this energy is a photon. Not even light can escape its pull so either atoms would be ionized given the fact that within the black hole there is a lot of photons (and energy) or, the atoms would display Bose-Einstein condensate type behaviour based off of the fact that the electrons would be stuck to the lowest energy state
Could it also be that dark energy is space-time itself? Dark energy is seen to be responsible for the expansion of the universe and the only thing that the universe is intertwined with is space-time itself
Could it also be that the density of the universe is responsible for its own expansion? In the early universe we didnt have things such as black holes. Because of that wouldn't the density of matter in space be more uniform and spread out than it is now? Now, we do have black holes and other heavy things that would change the overall density of space, possible having an effect on its own expansion?
I had one more question about the possible relationship of electromagnetism, dark matter, and gravity but I cant seem to remember it :(
I hope you guys dont find my questions too far out there and any possible ideas on them would be appreciated
Apr15-10, 12:06 PM
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Home :: Brands :: Couristan Inc
The Gem Collection by Couristan is a tribute to time-honored design. Its inspiration comes from the original rugs exhibited in museums around the world. These cherished patterns are artfully translated and updated into modern-day masterpieces, making it possible to display Gems beautiful designs in any home. Gems Masterpieces are woven of the finest 100% semi-worsted New Zealand wool, lustrous pile plus amazing design and color clarity. Couristans exclusive locked-in-weave construction secures each individual strand of yarn into an upright position, creating a beautiful crystal-point finish. The result is a dramatic outline of each and every design and motif. The adornment of knotted fringes makes Gems beauty complete. Whether its classic or contemporary, theres a Gem design for every room. Gems comprehensive size range makes it possible to create a highly stylized look throughout the home.
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text: Shattered Ravings has a rather nice review of the Archaia title, IRON: OR THE WAR AFTER, by S.M. Vidaurri. Be sure to take a look in case you missed out on this beautiful book! If you'd like to order IRON, you can visit our website. Or find it at your local comic shop or wherever books are sold. Source: matthewscottbaker.com Iron Or The War After Iron: Or the War After iron S.M. Vidaurri S M Vidaurri comic comics review comic review graphic novel Archaia Archaia Comics Archaia Entertainment shattered ravings mines-of-buymoria likes thisjeffstokely likes thisjedi-training reblogged this from archaiaentertainment


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Calvert, St. Mary's and Charles County
Story Category: Press Releases »
Pet Valu Opens in Leonardtown, MD
Leonardtown, MD - 9/27/2012
What is everyone woofing about? Pet Valu is opening a new store in Leonardtown, Maryland on Saturday, October 6th. . And tails are wagging all over the area in anticipation.
Pet Valu is THE place for all of your furry friends' supplies. The festivities begin at 9 a.m. Pet parents are invited to bring along their animals for refreshments, raffle prices, and discounts on store items. Get your tails there early! The first 100 customers to make a purchase will receive a complimentary gift bag.
Of course the stars of the day will be the pets. Animal rescue groups will be at the store with dogs and cats in need of a loving home. Maybe you'll even lend a paw and think about adopting a new family member.
Pet Valu is a specialty retailer that sells high quality pet supplies at reasonable prices. With more than 400 stores in the U.S. and Canada, the company sells premium pet foods, toys, and accessories. The stores are known for their personable service. All employees are animal lovers and they take a personal interest in every customer they serve.
The new Pet Valu store is located at The Shops at Breton Bay on 40845 Merchants Lane –Suite 100, Leonardtown, MD 20650. All pets are welcome but must be leashed. For more information, please visit www.petvalu.com. For media inquiries please call 610-386-6482. For customer questions call 301-475-6980.
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Oldcastle family show will start on SaturdayNovember 09,2013Family show to
start today
BENNINGTON The Oldcastle Actors Express will present I Didnt Know That, a lighthearted revue of first facts, selected oddities and world records based on The Guinness Book of World Records for family audiences, opening at 11 a.m. today at Oldcastle Theatre.
The show will run Saturdays throughout November.
This comedy for children presents more than 50 startling facts about topics like the first policewoman, the origins of superstitions and world records for leapfrogging, sneezing and laying eggs.
The production is directed by Sheila Childs, a longtime Oldcastle actress, director and teacher who has appeared in numerous Oldcastle productions.
The cast includes Amanda Garcia and Ana Anderson, who recently appeared in the Actors Express production of The Revenge of the Big, Bad Wolf.
Oldcastles producing artistic director, Eric Peterson, said that Saturday mornings have proven to be very popular with families and a great way to introduce children to the joys of theater.
The show is funny and fun and will be enjoyed as much by adults as children. Kids will particularly love the musical moments and physical humor and they will learn some interesting facts that will allow them to amaze their friends, Peterson said.
For ticket information or reservations call Oldcastle at 447-0564.MORE IN This Just InStaff Report Full StoryBENNINGTON — A local man was killed in a one-car accident Saturday. Full StoryMONTPELIER Drivers who use hand-held cellphones and other electronic devices while driving... Full Story
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- RICHARD'S POOR ALMANACK: Giles Corey of Salem, Mass., is pressed to death during the Salem witch trials; on this day in 1952, film comedian Charlie Chaplin, while traveling to England, is denied re-entry into the United States by U.S. attorney general.
- RICHARD'S POOR ALMANACK: Dutch father of microbiology Antonie van Leeuwenhoek discovers the existence of one-celled organisms; in 1967, The Doors are booked to play the Ed Sullivan show; in 1858, freedom fighter Dred Scott dies on this day in St. Louis.
- TOMORROW'S HEADLINES TODAY: No money this year for western rail project, Lola Aiken memorialized in Montpelier, Supreme Court Castleton murder suspect will remain in jail, Shaftbury man fires shots from his AK-47 into neighbor's home.
- RICHARD'S POOR ALMANACK: On this day in 1959, Soviet Premier Nikita S. Khrushchev arrives in U.S. for historic 13-day visit; in 1987, Secretary of State George Shultz and Soviet Foreign Minister Eduard Shevardnadze sign nuclear reduction agreement.
- TOMORROW'S HEADLINES TODAY: City celebrates completion of its newest mural, on West Street opposite the post office, more than $2 million in federal grants will bolster Vermont's health centers, Patrick McArdle reports on pending sale of Vermont papers.


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The Lawletter Vol 38 No 7
Alistair Edwards, Senior Attorney, National Legal Research Group
Going all the way back to the Woodstock Festival held at Max Yasgur's 600‑acre dairy farm in New York state in 1969, outdoor music concerts have regularly been held on farmlands. Naturally, these concerts can cause certain inconveniences for the neighbors of the farms.
Recently, in Shore v. Maple Lane Farms, LLC, No. E2011‑00158‑COA‑R3CV, 2013 WL 4428904 (Tenn. Aug. 19, 2013) (not yet released for publication), a farmer's neighbor filed suit against the farmer for holding outdoor concerts on his farm, asserting a claim for nuisance. The farmer defended, in part relying on the Tennessee Right to Farm Act, which purports to insulate farm operations from nuisance suits and provides in pertinent part that "it is a rebuttable presumption that a farm or farm operation . . . is not a public or private nuisance." Tenn. Code Ann. § 43‑26‑103(a). As used in the Act, "farm operation" is a broad term intended to include all activities connected "with the commercial production of farm products or nursery stock." Id. § 43-26-102(2).
However, the court refused to apply the Act to the amplified music concert being held at the farm. In its analysis, the court explained that "the Tennessee Right to Farm Act would apply to the noise generated by the concerts at Maple Lane Farms if these concerts are somehow connected 'with the commercial production of farm products or nursery stock.'" 2013 WL 4428904, at *12. Although the court considered the concerts to be a clever "marketing and promotion effort to further the income of the farming operation," it did not consider this marketing activity to be the "commercial production of farm products or nursery stock." Id. The court explained:
We find it significant that the General Assembly chose to use the word "production" alone in its definition of "farm operation." It did not include "marketing," as other states have done in similar contexts. Marketing activities are not mentioned elsewhere in the Tennessee Right to Farm Act, and we have found no reference to marketing in the legislative history of the Act or any of its amendments. Based on the text and the legislative history of the Tennessee Right to Farm Act, no conclusion can be reached other than that, when it enacted the Act, the General Assembly was focused on the activities related to the production of farm products—that is to say, growing or raising these products. The General Assembly was not focused on the marketing of farm products for sale.
* * *
Despite our diligent search, we have found nothing that suggests the General Assemblyconsidered noise from amplified music concerts held on a farm to necessarily have a connection with producing farm products. Nor have we found any basis to conclude that the General Assembly considered music concerts to be some sort of farm operation. The plain language of the Tennessee Right to Farm Act reflects a close connection between producing farm products and the conditions or activities shielded by the Act.
Id. at *12, *14 (footnotes omitted).
Finally, the court concluded not only that the Act did not bar the neighbor's nuisance claim but also that the evidence was sufficient to establish a prima facie case of nuisance. For example, the neighbor testified that the concerts had an adverse effect on her health, including quickened pulse, headaches, and nausea, and that they affected her ability to sleep at night.Another neighbor testified that the concerts were so loud that he could not hear television or have telephone conversations, even when his home was completely shut, and that he escaped the noise by leaving his home. A third neighbor testified that the concerts bothered her and were so loud that she could feel vibrations in her chest, and that the concerts interfered with her ability to read in her own home. Therefore, the supreme court reversed the judgments of the trial court and the court of appeals and remanded the case for further proceedings, charging the costs of the appeal to the farmer.
The Lawletter Vol 38 No 5
Anne Hemenway, Senior Attorney, National Legal Research Group
Both state and federal courts have recently decided numerous cases addressing the issue of standing to bring a foreclosure action. Defendants to foreclosure proceedings often have few defenses, but they should closely scrutinize the ability of the plaintiff to bring the complaint if the plaintiff is allegedly an assignee of the noteholder and not the original lender. It is a fundamental requisite to a foreclosure proceeding that the party seeking foreclosure have standing to seek relief. McLean v. JP Morgan Chase Bank, N.A., 79 So. 3d 170 (Fla. Dist. Ct. App. 2012). Furthermore, standing must be established at the time the foreclosure action is filed, not by some event subsequent to discovery of a material document. Venture Holdings & Acquisitions Group, LLC v. A.I.M. Funding Group, 75 So. 3d 773 (Fla. Dist. Ct. App. 2011); see also Countrywide Home Loans, Inc. v. Taylor, 843 N.Y.S.2d 495 (Sup. Ct. 2007) (holding that a mortgagee assignee must show proof of ownership interest in the mortgage that is the subject of the foreclosure at the time of the foreclosure action and that retroactive language in the assignment document will not suffice); In re Schwartz, 366 B.R. 265 (Bankr. D. Mass. 2007) (holding that the supposed mortgagee assignee failed to establish its right to foreclose when the assignment produced in support of the stay-of-relief motion was dated after the sale).
Courts have established different standards for standing. The plaintiff must "submit the note bearing a special endorsement in favor of the plaintiff, an assignment from payee to the plaintiff or an affidavit of ownership proving its status as holder of the note." Rigby v. Wells Fargo Bank, N.A., 84 So. 3d 1195, 1196 (Fla. Dist. Ct. App. 2012). In Duke v. HSBC Mortgage Services, 79 So. 3d 778 (Fla. Dist. Ct. App. 2011), the court denied summary judgment to the assignee of a promissory note because at the time the foreclosure was filed, the complaint included as an attachment only a copy of the mortgage naming the original mortgagee as the lender, without any evidence that the note had been assigned to the plaintiff. But see Hargrow v. Wells Fargo Bank, N.A., 491 F. App'x 534 (6th Cir. 2012) (holding that where the mortgage's chain of title was properly recorded, the mortgagee's assignee had standing to foreclose under Michigan law even though there was no corresponding assignment of interest in the debt and the record chain did not show who owned the underlying note).
To the extent that the plaintiff alleges that the instrument was lost or stolen, the Uniform Commercial Code ("U.C.C.") § 3-309 governs. Under § 3-309(2), the original note need not be produced in the foreclosure action. See Atl. Nat'l Trust, LLC v. McNamee, 984 So. 2d 375 (Ala. 2007). Nevertheless, the party seeking enforcement as the assignee of a lost or stolen instrument must still demonstrate its right to enforce the instrument. See State Street Bank & Trust Co. v. Lord, 851 So. 2d 790 (Fla. Dist. Ct. App. 2003). Even if a lost instrument is proven to exist, the parties must still comply with the requirements of U.C.C. § 3-308. That section provides that if the validity of signatures is questioned or denied, the person claiming the validity of the note must establish the validity before proceeding to enforce the note. See generally Ederer v. Fisher, 183 So. 2d 39 (Fla. Dist. Ct. App. 1965).
January 8, 2012
Steve Friedman, Senior Attorney, National Legal Research Group
The Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. §§ 2601-2617, is a federal consumer protection statute that regulates, among other things, the servicing of mortgage loans. Among the several duties RESPA imposes is that loan servicers must respond promptly to any "qualified written request from the borrower (or an agent of the borrower) for information relating to the servicing of such loan." 12 U.S.C. § 2605(e)(1)(A). If the servicer fails to adequately respond to such a request, then the borrower may recover actual damages, statutory damages if there is "a pattern or practice of noncompliance," id. § 2605(f), and the costs of suit, including reasonable attorney's fees.
The threshold inquiry for this statutory scheme is the "qualified written request."
For purposes of this subsection, a qualified written request shall be a written correspondence, other than notice on a payment coupon or other payment medium supplied by the servicer, that—
(i) includes, or otherwise enables the servicer to identify, the name and account of the borrower; and
(ii) includes a statement of the reasons for the belief of the borrower, to the extent applicable, that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.
Id. § 2605(e)(1)(B).
With regard to the statutory definition of a "qualified written request," two federal courts of appeals have recently stated as follows:
RESPA does not require any magic language before a servicer must construe a written communication from a borrower as a qualified written request and respond accordingly. The language of the provision is broad and clear. To be a qualified written request, a written correspondence must reasonably identify the borrower and account and must "include a statement of the reasons for the belief of the borrower, to the extent applicable, that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower." 12 U.S.C. § 2605(e)(1)(B) (emphasis added). Any reasonably stated written request for account information can be a qualified written request. To the extent that a borrower is able to provide reasons for a belief that the account is in error, the borrower should provide them, but any request for information made with sufficient detail is enough under RESPA to be a qualified written request and thus to trigger the servicer's obligations to respond.
Catalan v. GMAC Mortg. Corp., 629 F.3d 676, 687 (7th Cir. 2011); Medrano v. Flagstar Bank FSB, No. 11-55412, 2012 WL 6183549, at *3 (9th Cir. filed Dec. 11, 2012) (quoting Catalan, 629 F.3d at 687).
Furthermore, the Ninth Circuit opinion went a step further than the Seventh Circuit one had and explicitly articulated a three-part test:
[A] borrower's written inquiry requires a response as long as it (1) reasonably identifies the borrower's name and account [12 U.S.C. § 2605(e)(1)(B)(i)], (2) either states the borrower's "reasons for the belief . . . that the account is in error" or "provides sufficient detail to the servicer regarding other information sought by the borrower," [12 U.S.C. § 2605(e)(1)(B)(ii),] and (3) seeks "information relating to the servicing of [the] loan" [12 U.S.C. § 2605(e)(1)(A)].
Medrano, 2012 WL 6183549, at *3.
Additionally, although not explicitly included in the Medrano test, the statute also clearly requires that the servicer "receive[] [the] request from the borrower (or an agent of the borrower)," 12 U.S.C. § 2605(e)(1)(A), adding what is essentially a fourth element to the Medrano test.
Whereas the first element of the Medrano test is readily and objectively understandable, the remaining elements are more subjective. Fortunately, the above-cited federal appellate decisions have helped to give some clarity to these somewhat fuzzy requisites of § 2605(e).
The implied fourth element of the Medrano test—that the request may be from the borrower's agent rather than from the borrower directly—derives from the plain and unambiguous terms of the statute, which requires that a qualified written request come "from the borrower (or an agent of the borrower)." Id. In Catalan, the borrowers had sent a written request to the U.S. Department of Housing and Development ("HUD"), and HUD then forwarded the letter to the loan servicer. The court had no "difficulty interpreting that requirement, under the circumstances of [that] case, to include HUD's intercession on the plaintiff's behalf." 629 F.3d at 688 (plaintiffs "had exhausted every reasonable avenue in their communications with [the loan servicer]," including sending multiple written correspondence to the servicer's legal counsel, with no pertinent action in response by the servicer, as well as attempting to send multiple checks to the servicer as payments on the loan, which payments were rejected).
The Catalan court's rulings on four borrower letters illustrate how subjective the determination can be on the first prong of the second element of the Medrano test—whether the borrower has sufficiently detailed to the servicer the reasons why he or she believes the account is in error. In one letter, the borrowers had merely "set forth their expectations for how [the servicer] would handle their account going forward." The court held that such a letter "did not raise any disputes or errors in their account." Catalan, 629 F.3d at 688. In another letter, the borrowers recounted their failed attempts to bring their account current and then merely asked for a "quick resolution of whatever issues remain." Id. at 689. The court determined that such a letter could not reasonably be construed "as a statement of [the borrowers'] belief that [the] servicing of their account was in error." Id.
By contrast, a "three-page letter describ[ing] in great detail the difficulties the [borrowers] encountered at the hands of [the servicer]," id. at 687, was deemed clearly sufficient to be a qualified written request. The letter included an account of how the servicer had "raised the [borrowers'] monthly payment amount without informing them of the change," and noted that "each of [the borrowers'] attempts to communicate with [the servicer] was rebuffed until [the servicer] at last acknowledged its error and dismissed its foreclosure action[.]" Id. In another letter, the borrowers expressly stated that they were "disputing [the servicer's] attempt to collect on the above referenced account" and, further, "that they had sent the full amount required to bring the account current, but [the servicer] had refused to process [the] checks." Id. at 689. Here, too, the court held that the borrowers' letter "was a statement of their belief that their account was in error." Id.
Similarly, the subjectivity of the second prong of the second element of the Medrano test—whether sufficient detail has been provided about what information is being sought by the borrower—is likewise exemplified by the court's rulings on three borrower letters. In one letter, the borrowers had merely "set forth their expectations for how [the servicer] would handle their account going forward." The court determined that "their 'expectations' were not requests for information." Id. at 688.
By contrast, the borrowers, in another of their letters, "very clearly requested specific information regarding their account—namely, an explanation of how their account balance increased from $229,098 to $428,298 over a two-month time span." Id. at 689-90. This letter was ruled "unequivocally" a qualified written request under RESPA. And in another letter, which the court concluded was a qualified written request, the borrowers had asked the servicer to explain why it had cashed certain checks after it had already sold the account to another entity, and they had also requested an accounting of the funds the borrowers had paid the servicer. Id. at 687-88.
The third element of the Medrano test requires that the request "relat[e] to the servicing of [the] loan." As explained by the Ninth Circuit, this requirement
ensures that the statutory duty to respond does not arise with respect to all inquiries or complaints from borrowers to servicers. RESPA defines the term "servicing" to encompass only "receiving any scheduled periodic payments from a borrower pursuant to the terms of any loan, including amounts for escrow accounts . . . , and making the payments of principal and interest and such other payments." [12 U.S.C.] § 2605(i)(3). "Servicing," so defined, does not include the transactions and circumstances surrounding a loan's origination—facts that would be relevant to a challenge to the validity of an underlying debt or the terms of a loan agreement. Such events precede the servicer's role in receiving the borrower's payments and making payments to the borrower's creditors. Perhaps for that reason, Congress drafted the statute so as not to include those matters.
The statute thus distinguishes between letters that relate to borrowers' disputes regarding servicing, on the one hand, and those regarding the borrower's contractual relationship with the lender, on the other. That distinction makes sense because only servicers of loans are subject to § 2605(e)'s duty to respond—and they are unlikely to have information regarding those loans' originations.
Medrano, 2012 WL 6183549, at *3-4 (emphasis in original).
In the Medrano case, the court held that the plaintiffs' three letters were not "qualified written request[s]" under RESPA, and thus the loan servicer was not required to respond thereto, because the plaintiffs' letters were
challenges to the terms of the loan and mortgage documents and are not disputes regarding [the] servicing of the loan. The first letter states that the loan documents did not "accurately reflect . . . the proper payment schedule represented by the loan broker." That assertion amounts to an allegation of fraud or mistake during the closing of the loan and the drafting of the relevant documentation. Thus, it concerns only the loan's validity and terms, not its servicing. Likewise, in the second letter, Plaintiffs demanded that Flagstar "revise all documentation concerning the current loan" to reflect the "original terms" of the agreement. A request for modification of a loan agreement, like one for rescission, does not concern the loan's servicing. Finally, the sole request in the third letter is that Plaintiffs' monthly payment be reduced because they were told, when they purchased their home, that those payments would not exceed $1,900. Again, that demand is a challenge to the terms of the loan and mortgage documents, premised on an assertion that the existing documents do not accurately reflect the true agreement between Plaintiffs and the originating lender. Because the letter requests modification of those documents, it is not related to servicing.
Id. at *4 (emphasis in original) (footnote omitted).
The Lawletter Vol 37 No 6
In light of the recent and ongoing residential foreclosure crisis, the use of loan/mortgage modification agreements in the mortgage industry has become commonplace. However, homeowners will often believe that they have executed a binding loan modification with their mortgage lender, only to discover that the lender is continuing with the foreclosure of the home.
For example, in Barroso v. Ocwen Loan Servicing, LLC, No. B229112, 2012 WL 3573906 (Cal. Ct. App. Aug. 21, 2012), a California Court of Appeal analyzed whether the borrowers had a valid and enforceable loan modification agreement. The lender—actually, the loan servicer—after being sued by the borrower following the alleged wrongful foreclosure of the home, argued that there was no binding loan modification since the servicer had unilaterally failed to sign and send executed copies of the mortgage modification agreements to the borrower. Per the express terms of the loan modification, it would not take effect unless both the borrower and the servicer had signed the agreement and a fully executed copy had been returned to the borrower. Despite these defects, and despite the express requirement in the agreement that it would not take effect unless signed by the servicer and returned to the borrower, the court found that a valid contract had been formed. The court concluded that failing to find contract formation would make the contract extraordinary, harsh, unjust, or inequitable because it would grant the servicer sole control over the formation of the contract despite the borrower's alleged full performance. The court stated:
In its brief, Ocwen argues there was no agreement to modify Barroso's loan because she did not allege that she received a copy of any modification agreement signed by both her and Ocwen. Each modification plan offered to Barroso included language that it would not take effect unless both Barroso and Ocwen signed the agreement and a fully executed copy was returned to Barroso. While Barroso alleges that the signed documents are in Ocwen's possession, she does not allege Ocwen's signature and return to her of any of the loan modification documents. Significantly, at oral argument, counsel for Ocwen stated that Ocwen does not argue that its failure to sign and send executed copies of the modification agreements to Barroso precluded formation of the contract for modification. . . .
"'A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect, if it can be done without violating the intention of the parties.' (Civ.Code, § 1643; Beverly Hills Oil Co. v. Beverly Hills Unified Sch. Dist. (1968) 264 Cal.App.2d 603, 609, 70 Cal.Rptr. 640.) 'The court must avoid an interpretation which will make a contract extraordinary, harsh, unjust, or inequitable.' (Strong v. Theis (1986) 187 Cal.App.3d 913, 920, 232 Cal.Rptr. 272.)" (Powers v. Dickson, Carlson & Campillo (1997) 54 Cal.App.4th 1102, 1111-1112, 63 Cal.Rptr.2d 261.)
The interpretation Ocwen had asserted below and in the briefing here would violate these fundamental principles of contract interpretation. Were we to adopt that interpretation, Ocwen would have sole control over the formation of the contract despite Barroso's full performance, simply by refusing to return a signed copy to her.
Id. at *7-8.
September 11, 2012
The doctrine of adverse possession provides that title to real property may be acquired, without an affirmative conveyance thereof, if the claimant takes actual and uninterrupted possession of the property, intending to claim it as his own to the exclusion of the true owner, and makes an outward showing of such claim for a sufficient period of time. See 2 C.J.S. Adverse Possession § 1 (Westlaw database updated May 2012); Weinstein v. Hurlbert, 2012 ME 84, ¶ 8, 45 A.3d 743, 745; Whetstone Baptist Church v. Schilling, No. SD 31412, 2012 WL 3094954, at *5 (Mo. Ct. App. July 31, 2012) (not yet released for publication).
Back in law school, I recall learning about adverse possession and thinking to myself that this ancient doctrine was probably just an academic exercise that would not have much practical application in today's world. But as Bart Simpson says, "Au contraire mon frère!" In the years since law school, I have worked on a great many adverse possession cases. Most often, the dispute concerns whether the claimant's possession was sufficiently hostile or open and notorious. See, e.g., Weinstein, 2012 ME 84, 45 A.3d 743 (holding that adverse possessors' use of property was not hostile and notorious). And just when I thought there were no new issues to be raised regarding the doctrine, I once again stand corrected.
Virtually all jurisdictions hold that adverse possession does not apply against the State, which oftentimes includes the political subdivisions thereof. See 2 C.J.S., supra, §§ 9, 16; e.g., Houck v. Huron County Park Dist. Bd. of Park Comm'rs, 116 Ohio St. 3d 148, 2007‑Ohio‑5586, 876 N.E.2d 1210. And the State of Washington is no exception: "[N]o claim of right predicated upon the lapse of time shall ever be asserted against the state." Wash. Rev. Code ("RCW") 4.16.160.
That rule sounds simple enough, right? Well, the Supreme Court of Washington was recently asked whether RCW 4.16.160 bars a quiet title action against a municipality asserting title to real property by adverse possession where the claimant alleges that he adversely possessed the property while it still belonged to a private individual and before that private individual conveyed the property to the municipality. See Gorman v. City of Woodinville, No. 85962-1, 2012 WL 3516888 (Wash. Aug. 16, 2012) (en banc).
James Gorman, the record title owner of a certain parcel of real estate, alleged that he had acquired title to an adjacent parcel of real estate by adverse possession prior to December 2005, the time when the subject property was dedicated to the City of Woodinville by the record title owner. The City had identified the property as a necessary part of a capital improvement plan for improving a busy intersection to alleviate vehicle congestion and address safety concerns. Some 19 months after the dedication to the City, in July 2007, Gorman decided to initiate the instant quiet title action against the City.
The City moved to dismiss the complaint for failure to state a claim upon which relief could be granted, asserting that the claim was precluded by RCW 4.16.160. The trial court granted the City's motion and dismissed the claim, but the Court of Appeals of Washington reversed and remanded the case to the trial court for a determination of the validity of Gorman's claim. The City appealed the intermediate court's decision to the supreme court. In a unanimous decision, and as a matter of first impression, the supreme court allowed the adverse possession claim to proceed against the municipality.
Rejecting the City's arguments, the supreme court observed that "Gorman is not asserting a claim 'predicated upon the lapse of time'—the type of claim barred by RCW 4.16.160—as against the City" but, rather, is asserting that "the requisite period of time already ran against the private owner." Id. ¶ 9 (court's emphasis). But cf. Houck, 116 Ohio St. 3d 148, 2007‑Ohio‑5586, 876 N.E.2d 1210, at ¶ 9 (because the county park districts were immune from adverse possession, the sale of the property to the park districts effectively terminated the claimant's continuous possession prior to the expiration of the statutory period, and thus the adverse possession claim failed).
Once title is acquired by adverse possession, it cannot be divested except by those means recognized to transfer title, e.g., deed, will, or adverse possession. See Gorman, 2012 WL 3516888, ¶ 10. In other words, once the statutory "period has run, the [adverse] possessor is vested with title and the record owner is divested." Whetstone Baptist, 2012 WL 3094954, at *5. And thus Gorman was not required to bring the instant lawsuit prior to the City's acquisition of the property, because, if title had already been acquired by Gorman prior to the dedication to the City, then an earlier quiet title action would have merely clarified what was already the case—that Gorman, rather than the private party purporting to dedicate the property to the City, owned the subject real estate.
And because the private party from whom Gorman had acquired title by adverse possession did not have title to the property at the time he purported to dedicate the property to the City, the City acquired nothing thereby. See 26 C.J.S. Dedication § 7 ("No one except the owner of an unlimited estate or an estate in fee simple, or someone expressly authorized by such an owner, can make a dedication of land." (footnotes omitted)); 26A C.J.S. Deeds § 245 ("No matter how property in a deed is described, a deed may convey only property that was owned by the grantor.").
Although the decision in Gorman was unanimous, it was not without what I would term a "quasi-dissent." Chief Justice Barbara A. Madsen concurred in the judgment and result based on the current state of the law, but she made an impassioned plea for the state legislature to curtail, if not wholly abandon, the doctrine of adverse possession. In short, Justice Madsen reasoned as follows:
Many of the beneficial purposes the doctrine is said to serve do not justify the doctrine in modern times. Moreover, the doctrine's basic premise is legalization of wrongful acquisition of land by "theft," conduct that in our time we should discourage, notwithstanding the possibility of putting land to a higher or better use. The doctrine also creates uncertainty of ownership, lying as it does outside documents in writing and the recording statutes. I encourage the legislature to seriously consider phasing the doctrine out, at least where the adverse possessor has no colorable title or good faith belief in ownership of the land.
Id. ¶ 15 (Madsen, C.J., concurring). As illustrated by the facts of the instant case, the City's laudable project (improving a busy intersection to alleviate vehicle congestion and address safety concerns) has been, at best, significantly delayed and made much more expensive and, at worst, precluded altogether.
Rather than just pointing out the deficiencies of adverse possession, Justice Madsen offers some solutions for fixing them. For instance, several other western jurisdictions have legislatively curtailed the doctrine to combat the "theft" aspect of traditional adverse possession by imposing an additional requirement that the adverse possession claimant have a good-faith belief that he or she owns the property in question. Minnesota has gone even further, providing that recordation of one's deed stands as an absolute defense to adverse possession. Finally, Justice Madsen notes an even more drastic solution, albeit one that has yet to be adopted by any jurisdiction: "to require the adverse possessor to pay for the land at a reasonable price, and so protect the record title holder with a liability rule rather than offering the record title holder no protection at all." Id. ¶ 28 n.3 (citing Jeffrey Evans Stake, The Uneasy Case for Adverse Possession, 89 Geo. L.J. 2419, 2445 & n.115 (Aug. 2001) (citing Thomas W. Merrill, Property Rules, Liability Rules, and Adverse Possession, 79 Nw. U. L. Rev. 1122, 1145-54 (1984))).
So perhaps my instincts in law school were not that far off, and the doctrine of adverse possession is indeed an antiquated concept that should no longer be followed? And perhaps I was just a little ahead of my time.
The Lawletter Vol 37 No 1
Charlene Hicks, Senior Attorney, National Legal Research Group
Overall, residential mortgage borrowers have not met with much success in obtaining modifications to their existing mortgages under the federal Home Affordable Modification Program ("HAMP"), enacted during the economic crisis of 2008. In Miller v. Chase Home Finance, LLC, No. 11-15166 Non-Arg. Calendar, 2012 WL 1345834 (11th Cir. Apr. 19, 2012), the Eleventh Circuit Court of Appeals dealt another blow to residential mortgage borrowers by ruling that neither HAMP nor the common law provides a private right of action to borrowers based on a lender's refusal to grant a permanent modification to an existing home mortgage.
In that case, Jason Miller had secured a mortgage loan from Chase's predecessor. In 2009, Miller sought a loan modification from Chase on the ground of financial difficulties. Although Chase agreed to temporarily modify Miller's loan, in August 2010, Chase informed Miller that it would not extend a permanent loan modification to him. Miller then filed suit, alleging that Chase had failed to comply with its obligation under HAMP and that this failure gave rise to actions for breach of contract, breach of the implied covenant of good faith and fair dealing, and promissory estoppel. The district court dismissed Miller's complaint for failure to state a claim upon which relief could be granted.
Concluding that HAMP does not provide a private right of action, the Eleventh Circuit affirmed. In making this determination, the court found that HAMP had been designed to enable the Secretary of the Treasury to restore liquidity and financial stability to the nation's financial system. The program was not enacted "for the 'especial benefit' of struggling homeowners, even though they may benefit from HAMP's incentives to loan servicers." Id. at *2. Because no relevant factor favored the finding of a private right of action in favor of residential mortgage borrowers, the court ruled that Miller lacked standing to pursue his claims against Chase.
In addition, the court determined that "[t]o the extent Miller's claims fall outside of HAMP, they fail as a matter of law." Id. Miller's breach-of-contract claim was not independent of Chase's obligations under HAMP. Further, under Georgia law, the implied duty of good faith imposed on Chase was inseparable from Chase's contractual obligations and could not form an independent basis for liability. Finally, Miller did not present a viable estoppel claim, because he failed to set forth any factual allegations that Chase had promised to permanently modify his loan. Moreover, Miller was unable to show that he had reasonably relied on any such promise by Chase.
Enacted in 1974, the Real Estate Settlement Procedures Act ("RESPA") regulates the market for real estate "settlement services," a term defined by statute to include "any service provided in connection with a real estate settlement." 12 U.S.C. § 2602(3) (Westlaw current through P.L. 112‑104 (excluding P.L. 112‑96 and 112‑102) approved 4‑2‑12). These services include, but are not limited to
title searches, title examinations, the provision of title certificates, title insurance, services rendered by an attorney, the preparation of documents, property surveys, the rendering of credit reports or appraisals, pest and fungus inspections, services rendered by a real estate agent or broker, the origination of a federally related mortgage loan (including, but not limited to, the taking of loan applications, loan processing, and the underwriting and funding of loans), and the handling of the processing, and closing or settlement.
RESPA also provides in pertinent part that "[n]o person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service . . . other than for services actually performed." Id. § 2607(b). The Supreme Court recently held that this section does not prohibit a single settlement-service provider's retention of an unearned fee. Freeman v. Quicken Loans, Inc., No. 10-1042, 2012 WL 1868063 (U.S. May 24, 2012). Rather, in order to establish a violation of this RESPA section prohibiting the splitting of fees for which no services were provided in return, a consumer must demonstrate that a charge for settlement services was divided between two or more persons.
Writing for a unanimous Court, Justice Scalia agreed with the Fifth Circuit Court of Appeals that § 2607(b) covers only transactions in which a provider shares a part of a settlement‑service charge with one or more other persons who did nothing to earn that part. The Court stated:
In order to establish a violation of ' 2607(b), a plaintiff must demonstrate that a charge for settlement services was divided between two or more persons. Because petitioners do not contend that respondent split the challenged charges with anyone else, summary judgment was properly granted in favor of respondent. We therefore affirm the judgment of the Court of Appeals.
The Establishment Clause of the First Amendment to the U.S. Constitution has long been interpreted as precluding courts from deciding ecclesiastical issues, on the ground that the courts lack subject-matter jurisdiction over disputes involving church doctrine. Serb. E. Orthodox Diocese v. Milivojevich, 426 U.S. 696, 709 (1976) (finding that the controversy before the Court did not involve a property dispute but a religious dispute, "the resolution of which . . . is for ecclesiastical and not civil tribunals"); see also Banks v. St. Matthews Baptist Church, 706 S.E.2d 30, 33 (S.C. 2011) ("[W]hen a civil court is presented an issue that is a question of religious law or doctrine masquerading as a dispute over church property or corporate control, it must defer to the decisions of the proper church judicatories to the extent it concerns religious or doctrinal issues.").
The U.S. Supreme Court's review of church property disputes has evolved over a long period of time. In such cases, the courts have subject-matter jurisdiction and must review the issue raised. Early on, in Watson v. Jones, 80 U.S. (13 Wall.) 679 (1871), the Supreme Court adopted the "rule of compulsory deference" theory, which required the courts to decide property dispute issues in deference to the rule of the church in question. This theory was substantially modified in Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church, 393 U.S. 440 (1969), which required courts to apply general civil laws applicable to all property disputes to church property disputes. Later, in Jones v. Wolf, 443 U.S. 595 (1979), the Supreme Court adopted the "neutral principles" approach to determining church property issues. The Court explained:
The primary advantages of the neutral-principles approach are that it is completely secular in operation, and yet flexible enough to accommodate all forms of religious organizations and polity. The method relies exclusively on objective, well-established concepts of trust and property law familiar to lawyers and judges. It thereby promises to free civil courts completely from entanglement in questions of religious doctrine, polity, and practice.
Id. at 603.
Importantly, in Jones, the Supreme Court did not overrule Watson but allowed States to decide whether to apply the compulsory-deference rule or the neutral-principles approach when confronted with church property disputes. Even today, however, most state courts have not clearly determined which direction to take when confronted with a church property dispute, many of which concern real estate and other significant assets. In Pearson v. Church of God, 478 S.E.2d 849 (S.C. 1996), the South Carolina Supreme Court specifically adopted the neutral-principles approach over the Watson approach. See also Banks, 706 S.E.2d at 33. Similarly, New York appears to have adopted the neutral-principles approach. See Presbytery of Hudson River of Presbyt. Church (USA) v. Trs. of First Presbyterian Church & Congreg. of Ridgeberry, 895 N.Y.S.2d 417 (App. Div. 2010). Texas courts weigh both approaches. See Mastern v. Diocese of Nw. Tex., 335 S.W.3d 880, 886 (Tex. App. 2011).
May 22, 2012
Although the economy is hopefully on the rebound, the deluge of foreclosures continues. And as the foreclosures continue, so too do the various legal battles associated with them. A recent case in the U.S. District Court for the District of Maryland addresses an interesting and somewhat "murky" area of civil procedure in the context of a foreclosure action. Cohn v. Charles, Civ. No. PJM 11-2013, 2012 WL 273751, at *4 (D. Md. Jan. 30, 2012).
I. Section 1441 Removal
"Removal" is defined as "the transfer of an action from state to federal court." Black's Law Dictionary "removal" (9th ed. 2009).
Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.
28 U.S.C. § 1441(a). Furthermore, "a claim arising under" federal law may be removed even if coupled with a related state law claim, provided that both the federal and state claims are asserted against the same defendant or defendants. See id. § 1441(c)(1).
Based on the above-stated portions of the removal statute, it has long been well established that "[o]nly a defendant to an action—neither a counter‑defendant nor a third‑party defendant—may remove a case under § 1441(a)." Cohn, 2012 WL 273751, at *1 (citing Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 107-09 (1941); Palisades Collections LLC v. Shorts, 552 F.3d 327, 332 (4th Cir. 2008)).
In determining whether an action "arises under federal law" within the meaning of § 1441(c)(1), courts employ the so-called "well-pleaded complaint rule," whereby the court looks to "'the face of the plaintiff's properly pleaded complaint.'" Id. at *2 (quoting Verizon Md., Inc. v. Global NAPS, Inc., 377 F.3d 355, 363 (4th Cir. 2004) (citing Caterpillar v. Williams, 482 U.S. 386, 392 (1987))).
Accordingly, "[t]o determine whether [a particular] action was properly removed, the Court must first identify which party 'brought' the case in state court," which in turn "will determine which party was the 'defendant' in that court, hence able to initiate removal, and what constituted the 'complaint' for the purposes of the well‑pleaded complaint rule." Id.
II. The Cohn Case
In Cohn, the trustees for a deed of trust (the "Trustees") initiated a foreclosure action in the Circuit Court for Prince George's County, Maryland, regarding a certain parcel of Maryland real estate owned by Yanel Charles ("Charles"). See 2012 WL 273751, at *1. Thereafter, Charles timely filed a counterclaim against the Trustees as well as a third-party complaint against the successor mortgagee, Nationstar Mortgage, LLC ("Nationstar"), alleging violations of the Truth in Lending Act ("TILA"), 15 U.S.C. §§ 1601 et seq., and the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. §§ 2601 et seq. In response, the Trustees and Nationstar timely removed the counterclaim and third-party complaint to federal district court pursuant to 28 U.S.C. § 1441(a). Charles then moved to remand the matter back to state court.
A. Removal Not Authorized
Initially, the federal district court held that the counterclaim and third-party complaint had been filed within an already existing state court proceeding and, thus, neither Nationstar nor the Trustees were "defendants" who could remove the action to federal court. See Cohn, 2012 WL 273751, at *2. Alternatively, even if Nationstar and the Trustees were "defendants" within the meaning of § 1441, given that the federal question (TILA and RESPA) arose solely from the counterclaim and third-party complaint rather than the initiation of foreclosure proceedings, the federal district court lacked jurisdiction under the well‑pleaded-complaint rule. See id. at *3. Accordingly, regardless of whether the initiation of foreclosure proceedings under Maryland law was a "complaint," Nationstar and the Trustees lacked the "authority to unilaterally sever the Counterclaim and Third Party Complaint from the foreclosure proceeding and remove just that portion of the case to federal court." Id.
B. Attorney's Fees Not Warranted
Lastly, the Cohn court considered Charles's request for attorney's fees and costs pursuant to 28 U.S.C. § 1447(c). "Absent unusual circumstances, courts may award attorney's fees under § 1447(c) only where the removing party lacked an objectively reasonable basis for seeking removal. Conversely, when an objectively reasonable basis exists, fees should be denied." Martin v. Franklin Capital Corp., 546 U.S. 132, 141 (2005). Denying Charles's request, the court reasoned:
Although the Court has found that removal was improper, it does not find that the removal was objectively unreasonable. The . . . problematic nature of adjudicating a foreclosure governed by state law together with a mortgagor's federally‑based counterclaims against a mortgagee . . . at a minimum makes the state of remand law murky.
The Lawletter Vol 36 No 11
Matt McDavitt, Senior Attorney, National Legal Research Group
While a person's entry upon the land of another without consent ordinarily constitutes tortious trespass, there are exceptions to the rule, including privileged entry based on necessity. Factually, privileged entry might occur in a circumstance where a person's property or dependents (i.e., an animal or a child) enters or wanders onto the property of another and necessity dictates that for the parent or owner to retrieve his or her property or offspring, he or she must enter the lands of another. This so-called "privileged entry" exception appears in the Restatement (Second) of Torts:
(1) One is privileged to enter land in the possession of another, at a reasonable time and in a reasonable manner, for the purpose of removing a chattel to the immediate possession of which the actor is entitled, and which has come upon the land otherwise than with the actor's consent or by his tortious conduct or contributory negligence.
(2) The actor is subject to liability for any harm done in the exercise of the privilege stated in Subsection (1) to any legally protected interest of the possessor in the land or connected with it, except where the chattel is on the land through the tortious conduct or contributory negligence of the possessor.
Restatement (Second) of Torts § 198 (1965). Note that to invoke this privilege, (1) the owner's entry must be reasonable in time and manner, and (2) the property or dependent must not have come onto the land through the owner's tort, consent, or negligence. The official commentary to this Restatement section supplies the further guidance that, ordinarily, the owner must first seek permission to enter from the landowner, and only if this permission cannot be obtained, or asking proves futile (i.e., refusal), may the property owner enter under the privileged-entry exception. This Restatement formulation of the privileged-entry rule has been followed in several jurisdictions. See, e.g., State v. Oldack, 283 So. 2d 73 (Fla. Dist. Ct. App. 1973); State v. Logsdon, 160 Ohio App. 3d 517, 2005-Ohio-1875, 827 N.E.2d 869; Hartsock v. Bandhauer, 158 Ariz. 591, 764 P.2d 352 (Ct. App. 1988).
In Hoblyn v. Johnson, 2002 WY 152, 55 P.3d 1219 (Wyo. 2002), for instance, a teenage daughter was sent to live with her grandparents out of state while her father was being investigated for alleged physical abuse. The daughter wanted her horse, which was titled in her name, to accompany her to Nebraska, but her parents refused to release the animal from their possession in Wyoming. After involving the authorities to help her, the daughter employed an agent to enter her parents' land, identify her horse, and remove it to her possession. The parents sued, claiming, in part, trespass. The Wyoming Supreme Court, having quoted Restatement § 198, held that
once the parents refused the daughter's request for the return of her horse, she was privileged to enter their real property at a reasonable time and in a reasonable manner to take the horse. No reason exists why she could not accomplish the same through an agent.
Id. ¶ 33, 55 P.3d at 1229-30. Thus, the privileged-entry exception is also exercisable through an owner's agent.
© 2014 National Legal Research Group


text:
So instead of paying him roughly $9 million in arbitration, the Orioles did not tender the first baseman a contract Friday night, allowing him to be a free agent.
Reynolds said Duquette never made his representatives an offer after his option was declined in November. In response, Duquette said the organization internally tried to come up with a number that would work, but never got to that point.
"We looked at it and we explored a couple different structures and it was very challenging to find a fit," Duquette said.
When asked who would be his starting first baseman right now, Duquette joked, "I don't think we are playing tomorrow."
When asked if he was looking at potential replacements for Reynolds, Duquette said: "I think we need to give this a little time."
He did not rule out re-signing Reynolds later this winter, but given what he said about not being able to fit the first baseman into the current financial structure, Duquette was asked whether he could make it fit once Reynolds becomes a free agent and receives offers from other teams.
"I think we need to see what his value is in the market."
In another move, the Orioles signed infielder Alexi Casilla to a one-year, $1.7 million deal to avoid arbitration Friday, but they also added a $3 million team option ($200,000 buyout) for 2014, when Casilla could become a free agent.
"If he has a good year," Duquette said, "the team will be in position to retain his services."