Marsden Hearing With Judge

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US-02070BG
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Description

A Marsden motion gets its name from the case of People v. Marsden 2 Cal.3d 118 (1970). It is a request to the court by a criminal defendant to discharge their lawyer on the basis of being incompetently or inadequately represented by counsel. A defendant seeking to discharge his appointed counsel and substitute another attorney must establish either (1) that appointed counsel is not providing adequate representation, or (2) that he and counsel have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A Marsden hearing with a judge is a legal process that allows a defendant to request a new attorney due to a lack of trust or ineffective representation from their current lawyer. During this hearing, the judge assesses the defendant's concerns about their attorney, ensuring that all parties have the opportunity to speak. It is an important step in maintaining the defendant's right to fair representation, as the court evaluates whether the relationship with the current attorney has irreparably broken down. If you feel uncomfortable with your legal representation, understanding the Marsden hearing process can help you navigate these challenging situations.

An assignment transfers all the original mortgagee's interest under the mortgage or deed of trust to the new bank. Generally, the mortgage or deed of trust is recorded shortly after the mortgagors sign it, and, if the mortgage is subsequently transferred, each assignment is recorded in the county land records.

The difference between assignment and transfer is that assign means it's legal to transfer property or a legal right from one person to another, while transfer means it's legal to arrange for something to be controlled by or officially belong to another person.

In real estate wholesaling, an assignment fee is a financial obligation from one party (the ?assignor?) who agrees to transfer their contractual obligations to another party (the ?assignee.?) In layman's terms, the assignment fee is the fee paid by the end buyer to the real estate wholesaler.

In a mortgage assignment, your original lender or servicer transfers your mortgage account to another loan servicer. When this occurs, the original mortgagee or lender's interests go to the next lender. Even if your mortgage gets transferred or assigned, your mortgage's terms should remain the same.

Definition of 'Master Mortgage' The Master Mortgage is a document created when a property is purchased for the first time. It is filed in the public land records and its purpose is to keep track of the initial mortgage and of any liens that might be associated with the property.

The most common example of an Assignment of Mortgage is when a mortgage lender transfers/sells the mortgage to another lender. This can be done more than once until the balance is paid. The lender does not have to inform the borrower that the mortgage is being assigned to another party.

Assignment fees are calculated by taking the difference between what the seller was promised and what the buyer is paying. For example, if a wholesaler has a contract to purchase a property for $100,000 and they assign that contract to a cash buyer for $120,000, then their assignment fee would be $20,000.

Mortgages are assigned using a document called an assignment of mortgage. This legally transfers the original lender's interest in the loan to the new company. After doing this, the original lender will no longer receive the payments of principal and interest.

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Marsden Hearing With Judge