About Me 0011

Wednesday, March 16, 2011

Secrets to Making Money

I have a 15 year old cousin with autism, whose parents are trying to plan for the future when they're not around to take care of him anymore. My uncle is in his mid 60's, and my aunt is somewhere in her 40's. I'm 24. My cousin will be classified as a disabled adult upon turning 18, and will probably have to be institutionalized at some point.

I received a call from my semi-estranged uncle asking if I'd be willing to administer the cousin's inheritance. I haven't seen these relatives for a few years. Semi-estranged due to family drama (which I'm not directly involved in) over the uncle's treatment of his other child. This mess also means that my uncle's other child is probably out of the running to look after my cousin with autism. I'm willing to consider acting as trustee, but I need a lot more information.

So .... if you have any experience with this sort of thing, I'd love to hear from you. I'm wondering about:

1) What kind of support does the US give to disabled adults? If it matters, cousin lives in TX. I'm still in graduate school, with no idea where I'll settle. Will my cousin be provided with somewhere safe to live, or is he out on the street as soon as my uncle's money runs out? Or does it make sense for the money to run out sooner, so government help kicks in (as seems to be the case for some instances of elder care)?

2) Is there any way for me to wind up on the hook for my cousin's care? I have no intention of agreeing to this if I will wind up legally responsible for supporting my cousin out of my own earnings. I also have no intention of ever being a physical caretaker.

3) My uncle pitched this as my only job being to control the investments and cut checks when necessary. What other duties am I likely to wind up with? What types of decisions will I have to be making, and what degree of involvement with my cousin's day-to-day life will be required?

4) Do professionals exist who do this for a fee, or does it always just fall onto family?

5) What about the other cousin? What are the legal ramifications of leaving an unequal inheritance?

6) What other questions do I need to be asking my uncle? I will have no problem asking awkward questions, or saying no to this request.

Before I sign onto anything, I'll definitely be consulting a lawyer, but that's a way into the future. I have on the order of a year to make this decision.

Anonymous because these really aren't my secrets to spill all over the internet, and it's easy to figure out my identity from my posting history.

I will be following this thread, and can answer questions through one of the admins. If you want to contact me directly, I can be reached at autistic_cousin@hotmail.com.

I have a 15 year old cousin with autism, whose parents are trying to plan for the future when they're not around to take care of him anymore. My uncle is in his mid 60's, and my aunt is somewhere in her 40's. I'm 24. My cousin will be classified as a disabled adult upon turning 18, and will probably have to be institutionalized at some point.

I received a call from my semi-estranged uncle asking if I'd be willing to administer the cousin's inheritance. I haven't seen these relatives for a few years. Semi-estranged due to family drama (which I'm not directly involved in) over the uncle's treatment of his other child. This mess also means that my uncle's other child is probably out of the running to look after my cousin with autism. I'm willing to consider acting as trustee, but I need a lot more information.

So .... if you have any experience with this sort of thing, I'd love to hear from you. I'm wondering about:

1) What kind of support does the US give to disabled adults? If it matters, cousin lives in TX. I'm still in graduate school, with no idea where I'll settle. Will my cousin be provided with somewhere safe to live, or is he out on the street as soon as my uncle's money runs out? Or does it make sense for the money to run out sooner, so government help kicks in (as seems to be the case for some instances of elder care)?

2) Is there any way for me to wind up on the hook for my cousin's care? I have no intention of agreeing to this if I will wind up legally responsible for supporting my cousin out of my own earnings. I also have no intention of ever being a physical caretaker.

3) My uncle pitched this as my only job being to control the investments and cut checks when necessary. What other duties am I likely to wind up with? What types of decisions will I have to be making, and what degree of involvement with my cousin's day-to-day life will be required?

4) Do professionals exist who do this for a fee, or does it always just fall onto family?

5) What about the other cousin? What are the legal ramifications of leaving an unequal inheritance?

6) What other questions do I need to be asking my uncle? I will have no problem asking awkward questions, or saying no to this request.

Before I sign onto anything, I'll definitely be consulting a lawyer, but that's a way into the future. I have on the order of a year to make this decision.

Anonymous because these really aren't my secrets to spill all over the internet, and it's easy to figure out my identity from my posting history.

I will be following this thread, and can answer questions through one of the admins. If you want to contact me directly, I can be reached at autistic_cousin@hotmail.com.

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Monday, March 14, 2011

personal finance money management

This post is from staff writer Sierra Black. Sierra writes about frugality, sustainable living, and getting her kids to eat kale at Childwild.com.

It took me a long time to get through The Money Book for Freelancers, Part-Timers, and the Self-Employed. That’s not usually high praise for a book, but in this case I mean it to be. It took me a long time to read because it was so darn useful. I had to keep stopping to go do the exercises the authors suggested. Now my files are organized, my retirement funds are set up, and my favorite bookmark is free to be slotted into the next finance book I read.

Writers Joesph D’Agnese and Denise Kiernan have been freelancing a long time. Along the way, they’ve made all sorts of mistakes with their finances, but they’ve also gotten to a place where they have a stable, smooth financial system that works. As journalists, their work has appeared in The New York Times, The Wall Street Journal, Wired, and a dozen other places. Now they’ve turned their considerable writing talents to sharing their financial expertise. It’s a winning combination.

Freelancers are People Too

The basic principles of money management are the same, no matter which book or expert presents them. What changes is how the information is presented, and how likely you are to be motivated to follow the advice. The Money Book for Freelancers is special because it frames simple money management wisdom in a way that makes sense for freelancers and contractors.

Independent workers have special financial needs. It was a huge help to me to see them laid out in black-and-white. I knew abstractly that I should be saving for retirement, for example. Now I know the details of an SEP-IRA, how it differs from a Roth IRA, and why a self-employed person can benefit from having both accounts. I now have a percentage of my income set aside for retirement each month instead of a flat dollar amount.

The beauty of The Money Book for Freelancers is the organizational system it brings to sound money principles. The authors advocate a system of dedicated bank accounts very like the one I’ve been using for the past year. (J.D. uses a system similar to this, too.)

To whit:

You want one account at a local bank that you use for your deposits, spending, and daily cash flow.

You have savings accounts dedicated to particular goals that you keep in a high-interest savings account at an online bank.

The core of their system is a Holy Trinity of Savings Accounts that includes an Emergency Fund, a Tax Account and a Retirement Account.

For most people at a traditional job, the employer handles the bookkeeping related to taxes and retirement. You may want to add additional retirement funds like a Roth IRA to your retirement portfolio, but at its most basic, retirement accounts and taxes are handled by your company. Doing it yourself isn’t that complicated, but it can seem intimidating. If you’re starting out like I am, it’s nice to have someone hold your hand through getting set up.

The other great thing about The Money Book for Freelancers is the writing style. D’Agnese and Kiernan are like personal trainers for your financial life. They’re constantly cheering you on to stretch your abilities and resources, while candidly holding you accountable for your choices. Whether you freelance or not, their attitude is refreshing. If you do freelance, you’ll likely find their life lessons and anecdotes eerily familiar.

Keep It Simple

The weakness of this book is its authors’ love of complexity. They often recommend multiple accounts in places where one would do. For example, harkening back to the example above, they recommend two or three retirement accounts for each self-employed worker: an SEP-IRA that functions a lot like a 401K, a Roth IRA, and a taxable brokerage account. For most of us, that’s overkill.

I make a decent salary freelancing these days. Even so, if I succeed at saving 10 percent of my income for retirement this year, I won’t save more than the $5,000 I can put into a Roth IRA. There’s no reason for me to maintain other accounts unless my income and savings jumps to a point where I’ve capped out my contributions to the Roth. I really don’t need an SEP-IRA, and won’t until my income is double my current one. While a lot of freelancers make enough money to worry about SEP-IRAs, most people are probably served just fine by a Roth IRA, and maybe a traditional IRA to pick up additional retirement savings in a good year.

Likewise, the authors’ focus on saving for retirement before paying off debt probably means paying more interest over the long term. Yes, it’s good to establish good habits. Freelancers especially need to rely on their own savings practices. No company pension will save you if you screw it up. But saving up a big emergency fund and a retirement nest egg while you’re recovering from credit card debt can be penny wise and pound foolish. A lot of pounds of foolishness, depending on how much debt you have and what interest rates you’re paying. I’ve recently shifted some of my own debt snowball to savings, but my remaining loans are all very low interest (under 5%), and I’m willing to pay a little more interest in exchange for building up a secure emergency fund.

The Bottom Line

I’d like to see this book take a somewhat more streamlined approach to financial savvy. If you’re self-employed, especially if you’re just starting out, there’s plenty of good in here. It was well worth the read, and I got a lot out of the exercises. I’d just recommend it alongside another basic money book like J.D.’s Your Money: The Missing Manual or Dave Ramsey’s The Total Money Makeover.

Probably the ideal system for any individual will be a hybrid of what various experts offer. D’Agnese and Kiernan have some wonderful ingredients in their soup, but don’t follow the recipe blindly.

In my fantasy life, I’m an organized guy. In the real world, that’s just not the case. I do my best to stay on top of things — I make lists, use a calendar, ask Kris for help — but there always seems to be something slipping through the cracks.

Before we left for Africa, for example, I hid my wallet. I always do this when we go on a long trip. (I don’t use my wallet when I travel.) And every time, I have trouble finding it when I get home. You’d think I’d develop a system — but no.

I’m not the only one with problems like this. Sure, there are folks out there like Kris and her sister — people who never let anything fall through the cracks — but they’re few and far between. Most of us need to develop systems to help our lives run smoothly.

Developing systems that work

I’ve read dozens of books on time management, coping with clutter, and getting things done. But I’ve never found a magic cure-all for disorganization. The trouble is, as with personal finance, there’s no one right answer. Each of us is different. We have different strengths, different weakness, and different aims in life. There’s no one system that’s going to work for every person.

For years, my motto at Get Rich Slowly has been do what works for you. I don’t mean by this that one choice is as good as another. There are best practices for paying off debt, saving for retirement, and buying a used car. What I mean is that there’s no one system that works for everyone. The debt snowball helped me get out of debt, but it may have you treading water.

I’ve found that the key to developing systems that work for me is to take bits and pieces from other people’s ideas, and to remix them in ways that fit my goals and strengths. This is true for all aspects of my life, including fitness, finance, writing, travel, and more.

I’ve noticed, though, that there are three elements that seem to be part of every successful system in my life: routine, automation, and simplicity.

The Power of Routine

By far the most important key to my success is establishing routines. Why have I managed to lose so much weight in the past year? Because I made it a habit to get up at 5:30 every morning so that I could be at the gym by 6:30. How did I manage to buy my Mini? I made saving a routine.

Valuable financial habits or routines include:

Paying yourself first

Tracking your spending

Checking your receipts

Controlling impulse spending with the 30-day rule

When something becomes routine, it becomes a natural part of your life. It’s not something you have to force yourself to do. It’s almost automatic, which makes it easier to do the right thing instead of letting your emotions get the better of you.

I’ve also had great success by foisting my routines onto the poor, unsuspecting computers around me. Automation helps my systems run smoothly.

The Power of Automation

When I was younger, I had a heck of a time remembering to pay my bills on time. Even when I had a set routine — for years, I paid bills on the first Saturday of every month — I’d sometimes forget to follow it. So, whenever I find a way to automate some part of my life, I do it.

Removing me from the equation just makes thing run so much more smoothly. That’s why I’ve spent the past several years developing a paperless personal-finance system, which includes:

Automatic bill payments. All of my regular bills are automatically paid electronically.

Automatic saving. Every month, I have money automatically transferred to my savings accounts. (Remember, I keep multiple savings accounts to pursue different goals.)

Automatic investing. Well, I don’t actually do this now — I’m making manual investments at the end of every tax year — but for a long time, my retirement accounts automatically pulled from my paycheck and/or checking account.

This automation is an essential part of my financial system. It helps prevent stupid errors — like forgetting to pay a bill before vacation. Plus, I’ve found the automation keeps me motivated. The money for my bills is going to be pulled on specific dates, so I’d better be sure my accounts are funded.

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Friday, March 11, 2011

Making Money Jobs

Founded in 2009 by Amanda Steinberg, DailyWorth is definitely a regular e mail newsletter that includes data on personal literacy and dough management skewed towards a female audience. DailyWorth’s subjects collection from how to organize your finances to tax ideas to saving tips. And DailyWorth has an outstanding editorial workers to create subject material. MP Dunleavey, previously a personalized finance columnist using the Ny Occasions and at the moment a contributor with Dollars magazine, is top DailyWorth’s editorial staff.

Irrespective of unions’ very long hatred of Scott Walker, the new governor is moving to address equally the symptoms in the disorder as well as sickness itself-the public-sector union scheme which has molested Wisconsin’s taxpayers and their little ones by gaming the system. Unions like Wisconsin’s teachers’ union [WEAC] (which was Wisconsin’s biggest-spending lobby in 2009) have been extraordinarily adept at correcting the product via paying millions to elect politicians who, in flip, reward the unions on the expense of your taxpayers.

the Wisconsin battle, when compared to private-sector negotiations is about: one) the Scope of Bargaining, 2) Union “Income” Safety [Right-to-Work vs. Pressured Dues], three) no matter if Wisconsin need to be the unions’ dues collection company [payroll deduction of dues], and 4) regardless if public-sector unions must be ‘recertified’ by keeping elections every year.

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On Monday evening, I watched my initially, The Very last Word host Lawrence O’Donnell.
While O’Donnell laudably tried using to target the audience’s awareness onand hopefully final, Charlie Sheen trainwreck interview, courtesy of the tragic undertow that threatens to pull Sheen under for great, I was overtaken, not by the pulling around the thread, plus the voracious audience he serves. It didn’t make me unfortunate, it produced me angry.

Concerning celebrities, we are able to be a heartless nation, basking within their misfortunes like nude sunbathers at Schadenfreude Beach. The impulse is understandable, to some degree. It might be grating to pay attention to complaints from people today who delight in privileges that most of us can not even think about. If you happen to cannot muster up some compassion for Charlie Sheen, who makes additional income for any day’s work than most of us will make in a decade’s time, I guess I cannot blame you.

Together with the speedy pace of activities online along with the info revolution sparked from the World wide web, it’s pretty simple for the technological innovation trade to imagine it’s different: constantly breaking new ground and engaging in facts that nobody has at any time executed previously.

But there are actually other sorts of corporation which have already undergone a number of the same exact radical shifts, and also have just as fantastic a stake with the future.

Take healthcare, for example.

We normally believe that of it like a big, lumbering beast, but in truth, medicine has undergone a sequence of revolutions during the past 200 a long time which can be not less than equal to all those we see in technology and information and facts.

Much less understandable, but nevertheless within the norms of human nature, is the impulse to rubberneck, to slow down and investigate the carnage of Charlie spectacle of Sheen’s unraveling, but on the blithe interviewer Sheen’s existence as we pass it while in the ideal lane of our daily lives. To be truthful, it may be difficult for folks to discern the distinction concerning a run-of-the-mill focus whore, and an honest-to-goodness, circling the drain tragedy-to-be. On its individual merits, a quote like “I Am On a Drug. It’s Named Charlie Sheen” is sheer genius, and we can not all be expected to get the total measure of someone’s existence each individual time we listen to one thing amusing.

Rapidly forward to 2011 and I am attempting to look into signifies of becoming a bit more business-like about my hobbies (typically audio). Through the conclude of January I had manned up and commenced to promote my blogs. I had produced numerous distinct blogs, which have been contributed to by pals and colleagues. I promoted these activities through Facebook and Twitter.

2nd: the little abomination that the Gang of Five about the Supream Court gave us a year or so back (Citizens Inebriated) basically includes a little bouncing betty of its personal that may really properly go off from the faces of Govs Wanker, Sacitch, Krysty, and J.O. Daniels. Due to the fact this ruling prolonged the notion of “personhood” to equally businesses and unions, to consider to deny them any most suitable to run inside of the legal framework that they had been organized underneath deprives these “persons” with the freedoms of speech, association and motion. Which means (the moment once again, quoting law school trained friends and family) that both the courts have to uphold these rights for the unions (as individual “persons” as assured by the Federal (and most state) constitutions, or they've to declare that these attempts at stripping or limiting union rights need to use to important firms, also.

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Saturday, March 5, 2011

Making Easy Money

Of all the interesting new tech that seems poised to garner a lot of buzz in 2011, near field communication (NFC), is probably the most exciting. If it takes off, it will transform the ways we communicate, share, and make payments with digital devices. This will likely take years to happen, but the groundwork is being laid right now. And RFinity is one of those companies at the forefront.

While Google and Apple are responsible for generating much of the buzz about NFC at the moment, the technology goes far beyond simply having the right type of chip in your mobile device. For example, how do you handle different types of data transfers being made from one device to another? And how to you ensure that they happen as quickly as possible? And most importantly, how do you ensure that they happen securely? Those are the things that RFinity is thinking about.

The company has just raised $4 million from Horizons Ventures in Hong Kong. And the space has gotten so red hot, in fact, that we hear they’re already out raising another round.

And it’s an easy bet for investors to make not only because of the space, but because of where the project originated: The U.S. Department of Energy. Specifically, RFinity was born when a bunch of infrastructure security experts working for the government were assigned to find all the vulnerabilities in cell phones. Through software they came up with, they were able to quite easily eavesdrop, manipulate SMS messages, and even compromise LAN security. Then they set out to figure out a way to stop people from doing those very things. That work led directly to RFinity.

Work originally began in the person-to-person and person-to-vendor sales space by way of mobile applications that route transactions through RFinity’s own secure servers. But now that NFC appears ready, RFinity is making sure they’re ready for it. The idea is that their technology could cut out the middle man here: themselves.

Obviously, the company isn’t going to share all the details on how they secure NFC transfers. But the basic overview is that they verify an incoming NFC signal and ask for a user’s permission before taking any action. Further, if the action is a transaction, it requires a PIN, just as you might do an ATM withdrawal. That’s all pretty standard. But the key is one-time-use transaction codes that RFinity creates on the fly along with complex cryptographic signatures. These ensure that an transaction is secure since it means that every transaction can only happen once. Even if those numbers were intercepted by a hacker, they would be useless beyond the one-time payment.

And even if your phone is lost or stolen, a thief couldn’t do anything without your PIN. And you can remotely shut down your NFC capabilities via RFinity. It’s enough to make me wish I could throw out all my credit cards right now. “Today’s identification and transaction systems are based on what? A magnetic strip on the back of a card, based on a 1950’s technology that relies on a base station to read the information embedded as a series of simple magnetic markers in plastic tape,” writes Josh Jones-Dilworth, who is working with the company to bring them to market.

Again, NFC as a technology is great and potentially game-changing. But the software is still needed to make it actually work. And some of the big guys began realizing that early on as companies like PayPal, Bank of America, and even Subway have been testing out different things with RFinity for some time. In fact, RFinity has actually been doing field tests of the software end of their technology since 2009 in places like Idaho, well before most people in the U.S. had ever thought about NFC.

But now people are starting to care. And soon, they could be caring a lot more. NFC is already built-in to Google’s new Nexus S device — and the company has put out a call for developers to start using the tech. Rumors have the next iteration of the iPhone gaining the technology as well. In other words, I suspect we may be seeing acquisition rumors starting to fly around RFinity in about six months or so. Provided their technology proves up to the NFC challenge, of course.

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Denver Broncos News: Horse Tracks - 3/5/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Confirmed: AOL's Patch Buys Hyperlocal News Site Outside.In

AOL's Patch has acquired hyperlocal news aggregator Outside.In, we've confirmed with Patch's president Warren Webster. It's unclear what the terms of the deal are but Business Insider reported earlier that the acquisition is valued at ...

Good news: Obama now brewing his own beer at the White House « Hot Air

Good news: Obama now brewing his own beer at the White House.

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Denver Broncos News: Horse Tracks - 3/5/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Confirmed: AOL's Patch Buys Hyperlocal News Site Outside.In

Good news: Obama now brewing his own beer at the White House « Hot Air

Good news: Obama now brewing his own beer at the White House.

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Denver Broncos News: Horse Tracks - 3/5/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Confirmed: AOL's Patch Buys Hyperlocal News Site Outside.In

Good news: Obama now brewing his own beer at the White House « Hot Air

Good news: Obama now brewing his own beer at the White House.

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Denver Broncos News: Horse Tracks - 3/5/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Confirmed: AOL's Patch Buys Hyperlocal News Site Outside.In

Good news: Obama now brewing his own beer at the White House « Hot Air

Good news: Obama now brewing his own beer at the White House.

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Denver Broncos News: Horse Tracks - 3/5/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Confirmed: AOL's Patch Buys Hyperlocal News Site Outside.In

Good news: Obama now brewing his own beer at the White House « Hot Air

Good news: Obama now brewing his own beer at the White House.

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Denver Broncos News: Horse Tracks - 3/5/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Confirmed: AOL's Patch Buys Hyperlocal News Site Outside.In

Good news: Obama now brewing his own beer at the White House « Hot Air

Good news: Obama now brewing his own beer at the White House.

bench craft company

Denver Broncos News: Horse Tracks - 3/5/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Confirmed: AOL's Patch Buys Hyperlocal News Site Outside.In

Good news: Obama now brewing his own beer at the White House « Hot Air

Good news: Obama now brewing his own beer at the White House.

bench craft company

Denver Broncos News: Horse Tracks - 3/5/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Confirmed: AOL's Patch Buys Hyperlocal News Site Outside.In

Good news: Obama now brewing his own beer at the White House « Hot Air

Good news: Obama now brewing his own beer at the White House.

bench craft company

Denver Broncos News: Horse Tracks - 3/5/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Confirmed: AOL's Patch Buys Hyperlocal News Site Outside.In

Good news: Obama now brewing his own beer at the White House « Hot Air

Good news: Obama now brewing his own beer at the White House.

bench craft company

Denver Broncos News: Horse Tracks - 3/5/11 - Mile High Report

Horse Tracks -- Your Daily Cup of Orange and Blue Coffee.

Confirmed: AOL's Patch Buys Hyperlocal News Site Outside.In

Good news: Obama now brewing his own beer at the White House « Hot Air

Good news: Obama now brewing his own beer at the White House.

Monday, February 21, 2011

How to Making Money

Yeah justin

Hoover is an economic god to you

And McCarthy was your hero

And Obama caused the recession

And doubling the DoD budget in recent years doesn't appear on your radar as you bemoan and whine about even the littlest of taxes.

And redirecting ANY money from wasteful programs to health reform, or instead washing it down the drain in a vast sea of DoD related spending and foreign wars is the death of us all.

And having the lowest taxes in the western world after we gave the wealthiest even more money (recent tax deal) to send overseas is just not good enough.

And you are smarter than Dr Reich and about 99% of economists who have concluded that hoover indeed was an economic dolt and ushered in the Great Depression and that FDR/WWII ended it.

You are naive to think the US will thrive in a laissez faire business model where taxes and gvmt regulation are a historic remnant. There's no historic precedent for your belief, and indeed, everytime we or anyone else have tried that, we have been predated on by the wealthy elite and suffered terrible economic shocks. And that includes the Great Depression, the Great Recession, and several shocks in the 19th century that few Americans have ever heard about except in vague terms of Robber Barons and the like.

Every time we lower taxes on the wealthy, almost half that money disappears into overseas investments or tax shelters. That's the giant sucking sound you hear, and msoja mistakenly believed was ACA.

I'm all for low taxes, but not for gutting them mindlessly. Clinton era high end tax rates were reasonable and helped balance the budget, and anything lower IMO is destructive to our economy and std of living.

I'm all for for smart elimination of regulation, but not for mindless gutting them.

As a 12 year USAF vet, I'm all for strong defense, but not the current wars and not the doubling of the DoD budget as BushJr did.

Evaluating whether a program has a NET negative or positive effect on the economy involves a fair assessment of all variables, something freeloaders like you aren't capable of doing. Some of the variables you enumerate would indeed be problems, except that you forgot to mention the variables in the package that outweigh your negatives. For example, ensuring that 32 million people have affordable care and won't go bankrupt or die are positive factors that HELP the economy and outweigh your variables.

And your blatant hatred of the CBO process also shows you are a wingnut whose opinions are distorted by ideology.

You fail to cite that GOP predictions are even worse than CBO predictions, and that the main reason CBO predictions are often wrong is that the underlying assumptions of those predictions change as a result of partisan actions by later Congresses and admins.

I am no longer a Republican because I came to learn that they engage in the biggest lies of all. You are the kind of propagandist that caused me to abandon that party--the party of debt, fear and big lies

The company has just raised $4 million from Horizons Ventures in Hong Kong. And the space has gotten so red hot, in fact, that we hear they’re already out raising another round.

Arizona Sheriff Weighs in on Hospital Immigration Checks Debate ...

As debate intensifies over a new Arizona proposal requiring hospital patrons to show proof of legal U.S. residency, Maricopa County Sheriff Joe Arpaio says the controversial measure is just one piece of a larger effort to curb illegal ...

News Crew Attack: TV News Crew Attacked While Covering Shooting

SACRAMENTO, Calif. (AP); A group of about two dozen angry mourners attacked a news crew reporting on the killing of a 27-year-old man in California.

News Corp. Acquires Liz Murdoch's Shine & New Board Member For ...

As the head of the UK's largest independent TV production company, Elisabeth Murdoch couldn't join her father Rupert or brothers James and Lachlan on the News Corp (NSDQ: NWS). board of directors. As the head of a News Corp. property, ...

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Thursday, February 17, 2011

foreclosure law

*BANKS LOSE PIVOTAL FORECLOSURE CASE IN MASSACHUSETTS HIGH COURT
*MASSACHUSETTS TOP COURT DECIDES CLOSELY WATCHED IBANEZ CASE
*MASSACHUSETTS DECISION MAY AFFECT FORECLOSURE-CRISIS CASES

Here is why this is relevant:

This was an Amicus Curiae brief (friend of the court) filed by the Massachusetts Attorney General Martha Coakley. (see attached)

Page 10:
“Plaintiffs’ claims that the Land Court’s ruling will cause widespread confusion or significant cost to innocent parties are greatly exaggerated, and such reasoning does not warrant ignoring the plain requirements of the law designed to protect Massachusetts consumers. Indeed, it is the foreclosing entities themselves who will bear the greatest cost of clearing titled from their invalid foreclosures.   Having profited greatly from practices regarding the assignment and securitization of mortgages not grounded in the law, it is reasonable for them to bear the cost of failing to ensure that such practices conformed to Massachusetts law.”

Page 4-5:
“Rose Mortgage was the original lender for the Ibanez mortgage and Option One Mortgage Corporation was the original lender for the LaRace mortgage. Rose endorsed the Ibanez note and property assigned the mortgage to Option One. Option One then executed an endorsement of both promissory notes in blank, making each “payable to bearer” and negotiated by transfer alone until specifically endorsed.” In both cases, Option One also executed an assignment of the mortgage in blank (i.e. without a specified assignee). These blank assignments were never recorded and were not legally recordable because they failed to identify the assignee [cites state law].”

“After Option One sold the Ibanez mortgage to Lehman Brothers. Lehman Brothers then sold the mortgage, together with hundreds of other loans, to Structured Asset Securities Corporation (“SASC”). SASC then sold these loans to the Structured Asset Securities Corporation Mortgage Loan Trust 2006-Z, of which plaintiff U.S. Bank National Association (“U.S. Bank”) was the Trustee. All off the supporting documents concerning the Ibanez mortgage were placed into a “collateral file” and presumably were transferred between the entities listed above as each transaction was completed. This collateral file contained the original promissory note, the Rose Mortgage endorsement of the promissory note to Option One, Option One’s blank endorsement of the promissory note, the mortgage issued to Rose Mortgage Inc., the assignment of the mortgage from Rose to Option One and Option One’s blank mortgage assignment”

[Goes through similar for the LaRace mortgage]

Page 8:
“The Land Court was correct to invalidate the foreclosure on two distinct grounds. First, the plaintiffs lacked the legal authority to conduct the foreclosures because they were not among the parties authorized to do so under either the statutory power of sale or under G.L.c. 244 §14. Second, even if the plaintiffs had the legal authority to foreclose (which they did not) the foreclosures would still have been invalid because the notices issued by the plaintiffs failed to name the present holder of the mortgage as required under G.L. c. 244 §14. To foreclose on a mortgage securing property in the Commonwealth, one must be the holder of the mortgage. To be the holder of the mortgage, one must be the original mortgagee or be the assignee under a valid assignment of the mortgage. It is not sufficient to possess the mortgagor’s promissory note. The Land court correctly held that the plaintiffs, U.S. Bank and Wells Fargo were not holders of the Ibanez and LaRace mortgages at the time of the foreclosure because they were not assignees of valid assignments of the mortgages. Without valid assignments, the plaintiffs lacked the legal authority to foreclose the mortgages. This, without more, is sufficient grounds on which to invalidate the foreclosures and the Land Court was correct to do so.”

Page 10:
“Plaintiffs’ claims that the Land Court’s ruling will cause widespread confusion or significant cost to innocent parties are greatly exaggerated, and such reasoning does not warrant ignoring the plain requirements of the law designed to protect Massachusetts consumers. Indeed, it is the foreclosing entities themselves who will bear the greatest cost of clearing titled from their invalid foreclosures.   Having profited greatly from practices regarding the assignment and securitization of mortgages not grounded in the law, it is reasonable for them to bear the cost of failing to ensure that such practices conformed to Massachusetts law.”

Page 11:
“Plaintiffs had no legal authority to foreclose because they were not the original mortgagees, were not authorized by the power of sale, and because they lacked valid assignments of the Ibanez and LaRace mortgages.”

Page 12:
“Plaintiffs are not the mortgagees of the Ibanez or LaRace loans.”

Page 16:
“Neither plaintiff was authorized by the power of sale in the respective mortgages.”

Page 17:
“The assorted securitization documents do not establish or compromise valid assignments.”
Plaintiffs contend that various securitization documents constructively assigned to them the Ibanez and LaRace mortgages. Specifically, the plaintiffs contend that the Ibanez mortgage was assigned to U.S. Bank by way of a Trust Agreement that is not part of the record, but is purportedly evidenced by a Private Placement Memorandum. They contend that Wells Fargo received the LaRace mortgage via a Purchase and Sale Agreement. In each case, plaintiffs’ argument is without merit.”

The LaRace Securitization Documents
As the Land Court found, the LaRaces gave a mortgage to Option One when the loan was initially made. Thereafter, Option One executed an assignment of the mortgage “in blank,” i.e., without naming the party to whom the mortgage was to be assigned. As detailed above and by the Land Court, this “assignment in blank” was ineffective to transfer any interest in the mortgage.   Wells Fargo contends that the LaRace mortgage was assigned to it by the Pooling and Servicing Agreement it entered into with Asset Backed Funding Corporation (“ABFC”). This agreement purports to transfer and assign all of the rights of ABFC to Wells Fargo. However, there is nothing the record that ABFC had any interest in the LaRace mortgage. Thus, even if the language in the Pooling and Servicing agreement was sufficient to transfer all of ABFC’s interests in the LaRace mortgage, the assignment would be ineffective because ABFC had no interest in the LaRace mortgage to transfer.”

Page 20:
“Not only did plaintiff’s lack legal authority to foreclose, but the foreclosures are invalid because the notices published prior to foreclosure are fatally deficient.”
-    G.L. c 244, §14 requires that the notice identify the “present holder” of the mortgage
-    Plaintiffs’ false identification of themselves as the “present holders” in their foreclosure notices renders the notices fatally deficient
-    Plaintiffs’ argument that they held the mortgages notwithstanding the lack of valid, written assignments as of the date of the foreclosures is unsupported by law.

Page 27:
“There are no grounds on which to limit the Land Court’s decision to future cases”
-    Plaintiffs request that if the Land Court’s decision is upheld, this Court limit its application only to future foreclosures. This argument is without any basis in law and should be rejected.”
-    Notwithstanding the “industry practice” of subprime lenders and other who created mortgage backed securities, the statutory requirements at issue int his case are long –settled.

Peculiarly (and I’ll have to admit I’m among the guilty), a state-wide halt of foreclosures by a Bank of America unit in Nevada earlier in the week attracted remarkably little notice. The number of foreclosures in involved is meaningful, over 8000. The reason may seem somewhat technical, and presumably would not apply to other BofA units, namely, that the entity, ReconTrust Co, is operating without a proper business license. But then it gets interesting.

First, we get Bank of America’s position, per the Las Vegas Review Journal(hat tip ForeclosureFraud):

In a statement, Bank of America said: “ReconTrust previously faced a nearly identical order in Utah, and it recently prevailed in challenging that order in federal court. Until the current situation is resolved, ReconTrust intends to comply with the order.”

However, the judge believes ReconTrust’s problems may go much deeper than licensing:

In the order, however, the judge said there is a “substantial likelihood that (North) will establish that ReconTrust does not have any contractual privities with respect to the contract between (North) and the other defendants regarding the promissory note and deed of trust.”

The Washington Post (hat tip Lisa Epstein) has taken note of the case, and cites sections of Bank of America’s court filing seeking to reverse the foreclosure freeze, which will otherwise remain in effect until at least February 28, the date of the next court hearing. Perhaps I am reading too much into the language of the pleading, but the tone strikes me as a tad desperate:

In a court filing Wednesday obtained by the Las Vegas Sun, Bank of America says that Bank of America and ReconTrust are in compliance with Nevada foreclosure laws and that the borrower’s case will ultimately fail.

The bank also argues that the harm the injunction “caused to the public interest is overwhelming,” and quotes U.S. Treasury Secretary Timothy Geithner to support its case.

“Treasury Secretary Tim Geithner opined that ceasing the foreclosure process is `very damaging’ and harms the public as communities are forced to live longer with empty homes, there is increased downward pressure on home prices and increasing blight,” the bank said. “The order also harms those subject to the foreclosure process because those individuals, especially those in mediation trying to stay in their homes, are now forced into a state of limbo for an unspecified duration.”

I have a sneaking suspicion that the views of Timothy Geithner don’t carry much weight in the Nevada judicial system.

Why the anxious tone? A couple of factors may be at work. First, recall how hard the banks fought the idea of a broad-based foreclosure freeze when the robo-signing scandal first came to light. And there are reasons why a blanket freeze is problematic, particularly if it extends to non-securitized loans (there are borrowers who want to get out from under a house they recognize they can no longer afford; a freeze can leave them on the hook). But at the same time, the banks have generally overstated the downside because the implications for them are unfavorable. And perhaps most important, an action like a wide-ranging halt is a reminder that banks are, or at least can be, subject to judicial orders, something they appear to have forgotten in recent years.

The second issue, is that Mr. Market has woken up to the fact that the Charlotte bank is particularly exposed to litigation risk. We were very critical of BofA’s purchase of Countrywide. As we said in January 2008:

Even with the reduction in the effective cost of buying Countrywide, Bank of America will come to regret this deal. Countrywide is an organization that has made an art form of just barely staying on the right side of the law, and even then screws up. There is certain to be more dirt, and therefore legal liabilty, that hasn’t yet risen to the surface. Furthermore, it is well nigh impossible to impose procedures and standards on rogue cultures. Look what happened to Bank of America when it purchased US Trust, a company that had a great franchise but one in which the account managers had more autonomy (and incurred more customer-related expenses) than Bank of America’s officers did. BofA succeeded in driving away the many of the best account officers, who took customers with them.

Now the cultural challenges of integrating a Countrywide are very different than dealing with a US Trust, but consider: US Trust was a highly valuable franchise in an area the North Carolina bank said was a priority, and they screwed it up just about every way they could. And US Trust was a much smaller organization too, so the acquisition should have been easier to manage.

BofA stock was off sharply early this week over worries about litigation risk, and those concerns were further stoked by an American Banker report that banks are slowing foreclosures in non-judicial states.

In other words, Bank of America would like to keep bad news about foreclosures to a bare minimum, but those pesky judges appear not to have gotten the memo.

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