Tuesday, January 25, 2011
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Monday, January 24, 2011
personal finance books
Authors, publishers and agents live and die inside — mostly die — by monitoring their product's position on the Amazon charts, which are adjusted hourly. Thomas, an author who penned the Kindle book Wealth Hazards, says literary types should take a step back because the system is easily corrupted. He says he's manipulated the system by buying his book 200 times and posting fake reviews hailing his self-described masterpiece.
Now he's peddling a new e-book, The Day the Kindle Died, in which he describes how he pulled off his ruse. He writes:
I've purchased my own book, Wealth Hazards, close to 200 times now. I wrote 42 customer reviews and voted on them 108 times. Not once was a review or vote rejected by Amazon. It took about 45 days to move the book up to #1, but after it got there I didn't feel it was appropriate to promote it - so I have not profited from it. I continue to buy 2 or 3 copies a day, write reviews and vote on the reviews and wait for Amazon to notice.They haven't. They pay me royalties every month and recommend the book to people who buy similar personal finance titles. My new book The Day the Kindle Died is even more obvious - but Amazon hasn't noticed. They even recommend it to customers who purchase Amazon's own Kindle publishing manual. Amazon clearly has a problem with ranking books, creating the bestseller lists and making suitable recommendations to customers, but they don't appear to be in a hurry to correct this.
What purpose do Amazon's reviews and rankings serve for you when you're shopping for books?
By the end of 2010, Harlequin Enterprises will have sold a grand total of more than 6 billion books in the company's 60-year history. But on Dec. 28, Harlequin will try to sell its first personal finance book.
The Frugalista Files, written by former Miami Herald personal finance blogger Natalie McNeal, is a diary of the year that one 34-year old spent trying to pay off her credit card debt -- "without giving up the fabulous life."
McNeal's book is written in a diary format, with all the personal details and emoticons entailed in that approach: "I admit it. My name is Natalie. I am a spending slut." It's certainly not a book that targets my college-age demographic, but many readers will find her story inspiring. If Natalie can do it, so can you.
"My book is for anyone who is a promiscuous spender and is looking for real-life tips on how to be financially chaste," McNeal tells DailyFinance. "It's highly personal personal finance."
Katherine Orr, Harlequin's vice president of public relations, sees the move into financial advice as a logical step for the world's largest publisher of romance novels.
"For 60 years, we've provided escape from problems, and now we can help solve the problems," she says. She calls McNeal's book "very prescriptive. It's clear and simple, and it's helping young singles navigate in a tough world."
Harlequin first began publishing nonfiction in October 2008 with a book from syndicated radio host Delilah. Subsequent titles have included fitness guru Tosca Reno's best seller Your Best Body Now: Look and Feel Fabulous at Any Age the Eat-Clean Way, along with titles like The Happy Baker: A Girl's Guide to Emotional Baking; Life Beyond Your Eating Disorder; The Dog Who Healed a Family; and Queen of Your Own Life.
The market for pink-covered personal finance books for women hasn't been especially strong. None of financial adviser Suze Orman's mega-bestselling money books have boasted a pink cover, and none of the slew of recently released girl-talk guides for women have sold well. Titles like Shoo, Jimmy Choo!; Bitches on a Budget: Sage Advice for Surviving Tough Times in Style; andA Purse of Your Own: An Easy Guide to Financial Security have all failed to register much of an impact in terms of sales.
Kimberly Palmer, the personal finance editor with US News & World Report and the author of Generation Earn, says many financial guides for women are marketed as "simplified [and] dumbed-down."
"Women don't like to be talked to as if we're bad with money, because we're not," she says. "Too many books for women assume that we overspend on shoes and cosmos when we're really just looking for the same kind of smart, solid financial advice that men want."
But if there's one publisher in America that knows what women are looking for when they buy a book, it's Harlequin. Perhaps it'll be able to reach a segment of the population badly in need of financial advice -- one that other publishers have so far been largely unable to connect with.
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Arrowheadlines: Chiefs <b>News</b> 1/24 - Arrowhead Pride
Good morning Chiefs fans. Another super thin day for Kansas City Chiefs news. There are quite a few hits on the Hali & Berry to Pro Bowl story, but they are all basically the same info. Here are your two stories... Enjoy.
Transfer <b>news</b> Football Spy video: Latest on Liverpool's chase for <b>...</b>
Darren Lewis is back with the best round-up of transfer news and gossip on the web.
Hype Is Not <b>News</b> But We Keep Acting Like It Is
This morning I read a headline from the Wall Street Journal that had promise, especially as it could impact online ...
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Arrowheadlines: Chiefs <b>News</b> 1/24 - Arrowhead Pride
Good morning Chiefs fans. Another super thin day for Kansas City Chiefs news. There are quite a few hits on the Hali & Berry to Pro Bowl story, but they are all basically the same info. Here are your two stories... Enjoy.
Transfer <b>news</b> Football Spy video: Latest on Liverpool's chase for <b>...</b>
Darren Lewis is back with the best round-up of transfer news and gossip on the web.
Hype Is Not <b>News</b> But We Keep Acting Like It Is
This morning I read a headline from the Wall Street Journal that had promise, especially as it could impact online ...
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Arrowheadlines: Chiefs <b>News</b> 1/24 - Arrowhead Pride
Good morning Chiefs fans. Another super thin day for Kansas City Chiefs news. There are quite a few hits on the Hali & Berry to Pro Bowl story, but they are all basically the same info. Here are your two stories... Enjoy.
Transfer <b>news</b> Football Spy video: Latest on Liverpool's chase for <b>...</b>
Darren Lewis is back with the best round-up of transfer news and gossip on the web.
Hype Is Not <b>News</b> But We Keep Acting Like It Is
This morning I read a headline from the Wall Street Journal that had promise, especially as it could impact online ...
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Arrowheadlines: Chiefs <b>News</b> 1/24 - Arrowhead Pride
Good morning Chiefs fans. Another super thin day for Kansas City Chiefs news. There are quite a few hits on the Hali & Berry to Pro Bowl story, but they are all basically the same info. Here are your two stories... Enjoy.
Transfer <b>news</b> Football Spy video: Latest on Liverpool's chase for <b>...</b>
Darren Lewis is back with the best round-up of transfer news and gossip on the web.
Hype Is Not <b>News</b> But We Keep Acting Like It Is
This morning I read a headline from the Wall Street Journal that had promise, especially as it could impact online ...
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Arrowheadlines: Chiefs <b>News</b> 1/24 - Arrowhead Pride
Good morning Chiefs fans. Another super thin day for Kansas City Chiefs news. There are quite a few hits on the Hali & Berry to Pro Bowl story, but they are all basically the same info. Here are your two stories... Enjoy.
Transfer <b>news</b> Football Spy video: Latest on Liverpool's chase for <b>...</b>
Darren Lewis is back with the best round-up of transfer news and gossip on the web.
Hype Is Not <b>News</b> But We Keep Acting Like It Is
This morning I read a headline from the Wall Street Journal that had promise, especially as it could impact online ...
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Arrowheadlines: Chiefs <b>News</b> 1/24 - Arrowhead Pride
Good morning Chiefs fans. Another super thin day for Kansas City Chiefs news. There are quite a few hits on the Hali & Berry to Pro Bowl story, but they are all basically the same info. Here are your two stories... Enjoy.
Transfer <b>news</b> Football Spy video: Latest on Liverpool's chase for <b>...</b>
Darren Lewis is back with the best round-up of transfer news and gossip on the web.
Hype Is Not <b>News</b> But We Keep Acting Like It Is
This morning I read a headline from the Wall Street Journal that had promise, especially as it could impact online ...
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Arrowheadlines: Chiefs <b>News</b> 1/24 - Arrowhead Pride
Good morning Chiefs fans. Another super thin day for Kansas City Chiefs news. There are quite a few hits on the Hali & Berry to Pro Bowl story, but they are all basically the same info. Here are your two stories... Enjoy.
Transfer <b>news</b> Football Spy video: Latest on Liverpool's chase for <b>...</b>
Darren Lewis is back with the best round-up of transfer news and gossip on the web.
Hype Is Not <b>News</b> But We Keep Acting Like It Is
This morning I read a headline from the Wall Street Journal that had promise, especially as it could impact online ...
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Arrowheadlines: Chiefs <b>News</b> 1/24 - Arrowhead Pride
Good morning Chiefs fans. Another super thin day for Kansas City Chiefs news. There are quite a few hits on the Hali & Berry to Pro Bowl story, but they are all basically the same info. Here are your two stories... Enjoy.
Transfer <b>news</b> Football Spy video: Latest on Liverpool's chase for <b>...</b>
Darren Lewis is back with the best round-up of transfer news and gossip on the web.
Hype Is Not <b>News</b> But We Keep Acting Like It Is
This morning I read a headline from the Wall Street Journal that had promise, especially as it could impact online ...
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Arrowheadlines: Chiefs <b>News</b> 1/24 - Arrowhead Pride
Good morning Chiefs fans. Another super thin day for Kansas City Chiefs news. There are quite a few hits on the Hali & Berry to Pro Bowl story, but they are all basically the same info. Here are your two stories... Enjoy.
Transfer <b>news</b> Football Spy video: Latest on Liverpool's chase for <b>...</b>
Darren Lewis is back with the best round-up of transfer news and gossip on the web.
Hype Is Not <b>News</b> But We Keep Acting Like It Is
This morning I read a headline from the Wall Street Journal that had promise, especially as it could impact online ...
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Arrowheadlines: Chiefs <b>News</b> 1/24 - Arrowhead Pride
Good morning Chiefs fans. Another super thin day for Kansas City Chiefs news. There are quite a few hits on the Hali & Berry to Pro Bowl story, but they are all basically the same info. Here are your two stories... Enjoy.
Transfer <b>news</b> Football Spy video: Latest on Liverpool's chase for <b>...</b>
Darren Lewis is back with the best round-up of transfer news and gossip on the web.
Hype Is Not <b>News</b> But We Keep Acting Like It Is
This morning I read a headline from the Wall Street Journal that had promise, especially as it could impact online ...
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Arrowheadlines: Chiefs <b>News</b> 1/24 - Arrowhead Pride
Good morning Chiefs fans. Another super thin day for Kansas City Chiefs news. There are quite a few hits on the Hali & Berry to Pro Bowl story, but they are all basically the same info. Here are your two stories... Enjoy.
Transfer <b>news</b> Football Spy video: Latest on Liverpool's chase for <b>...</b>
Darren Lewis is back with the best round-up of transfer news and gossip on the web.
Hype Is Not <b>News</b> But We Keep Acting Like It Is
This morning I read a headline from the Wall Street Journal that had promise, especially as it could impact online ...
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Arrowheadlines: Chiefs <b>News</b> 1/24 - Arrowhead Pride
Good morning Chiefs fans. Another super thin day for Kansas City Chiefs news. There are quite a few hits on the Hali & Berry to Pro Bowl story, but they are all basically the same info. Here are your two stories... Enjoy.
Transfer <b>news</b> Football Spy video: Latest on Liverpool's chase for <b>...</b>
Darren Lewis is back with the best round-up of transfer news and gossip on the web.
Hype Is Not <b>News</b> But We Keep Acting Like It Is
This morning I read a headline from the Wall Street Journal that had promise, especially as it could impact online ...
bench craft company reviews bench craft company reviews
Arrowheadlines: Chiefs <b>News</b> 1/24 - Arrowhead Pride
Good morning Chiefs fans. Another super thin day for Kansas City Chiefs news. There are quite a few hits on the Hali & Berry to Pro Bowl story, but they are all basically the same info. Here are your two stories... Enjoy.
Transfer <b>news</b> Football Spy video: Latest on Liverpool's chase for <b>...</b>
Darren Lewis is back with the best round-up of transfer news and gossip on the web.
Hype Is Not <b>News</b> But We Keep Acting Like It Is
This morning I read a headline from the Wall Street Journal that had promise, especially as it could impact online ...
bench craft company reviews bench craft company reviews
Arrowheadlines: Chiefs <b>News</b> 1/24 - Arrowhead Pride
Good morning Chiefs fans. Another super thin day for Kansas City Chiefs news. There are quite a few hits on the Hali & Berry to Pro Bowl story, but they are all basically the same info. Here are your two stories... Enjoy.
Transfer <b>news</b> Football Spy video: Latest on Liverpool's chase for <b>...</b>
Darren Lewis is back with the best round-up of transfer news and gossip on the web.
Hype Is Not <b>News</b> But We Keep Acting Like It Is
This morning I read a headline from the Wall Street Journal that had promise, especially as it could impact online ...
Tuesday, January 18, 2011
bank foreclosure
Only the banksters could get away with this:
TRUCKEE, Calif. — When Mimi Ash arrived at her mountain chalet here for a weekend ski trip, she discovered that someone had broken into the home and changed the locks....
The culprit, Ms. Ash soon learned, was not a burglar but her bank. According to a federal lawsuit filed in October by Ms. Ash, Bank of America had wrongfully foreclosed on her house and thrown out her belongings, without alerting Ms. Ash beforehand.
Ash was in the process of loan modification with Bank of America at the time. And they didn't just break in, they completely emptied the home, even taking "a wooden box, its top inscribed with the words 'Together Forever,' that contained the ashes of her late husband, Robert."
In Florida, contractors working for Chase Bank used a screwdriver to enter Debra Fischer’s house in Punta Gorda and helped themselves to a laptop, an iPod, a cordless drill, six bottles of wine and a frosty beer, left half-empty on the counter, according to assertions in a lawsuit filed in August. Ms. Fisher was facing foreclosure, but Chase had not yet obtained a court order, her lawyer says.
The break-in was discovered when a Canadian couple renting the house returned from the beach.
Turns out these and countless other Americans have become victims again. They're victims of the deficit peacocks.
WASHINGTON -- Despite mounting evidence of big banks committing serious fraud in the foreclosure process, the U.S. Senate eliminated $35 million in legal aid to homeowners trying to keep their homes.
The fund was wiped out in order to meet government spending caps advocated by Sens. Jeff Sessions (R-Ala.) and Claire McCaskill (D-Mo.), but will likely end up costing taxpayers much more in the long run, as wrongful foreclosures burn through the balance sheets of Fannie Mae and Freddie Mac. The slashing of the foreclosure-assistance fund is just one casualty of Washington's increasing bipartisan push to cut spending across the board....
Recent reports suggest severe, nationwide problems with the mortgage system. A survey of 96 attorneys found that banks started foreclosure proceedings on 2,500 borrowers who were negotiating a loan modification. The survey was conducted by the National Association of Consumer Advocates and the National Consumer Law Center.
There's no relief in sight from the administration, either. Treasury has refused to use any of the funds for the Wall Street bailout for homeowner legal aid. Much worse, the Federal Reserve is actually blocking new foreclosure regulations that would homeowners.
WASHINGTON -- Top policymakers at the Federal Reserve are fighting efforts to rein in widely reported bank abuses, sparking an inter-agency feud with the FDIC and the Treasury Department. The Fed, along with the more bank-friendly Office of the Comptroller of the Currency, is resisting moves to craft rules cracking down on banks that charge illegal fees and carry out improper foreclosures. The FDIC supports such rules, according to an FDIC official involved in the dispute.
The new regulations would rein in debt collection, loan modification and foreclosure proceedings at bank divisions called "mortgage servicers." Servicers have committed widespread fraud in the foreclosure process. While the recent robo-signing of fraudulent documents has received the most attention, consumer advocates have complained about improper fees and servicer mistakes that lead to foreclosure for years.
It's the banksters' world, and we're apparently to be considered lucky if we get to live in one of their houses, which is what they and the government consider them. It's hard to arrive at any other conclusion than dday does when it comes to the Fed, "They don’t want to stop the banks from breaking into your house." And your representatives in the Senate are fine with that.
Everything I am reading these days on financial issues points to some serious reckoning soon to come, especially because of -- as the folks at Third Way are calling it -- foreclosure-gate. The Massachusetts Supreme Court ruling in the Ibanez case, along with a growing body of cases where the banks and/or their servicers have been ruled against in foreclosure cases, and even the banks' lawyers are being castigated in court by judges for bringing in made-up paperwork, is causing a growing sense of panic among the biggest banks that hold the most mortgages. Spokespeople for the banks are talking bravely, trying to dismiss the situation as some minor paperwork errors, but everyone who has been paying attention to the situation fears that there are really big consequences afoot.
The plain fact is that over the last decade, in their overwhelming rush to make bigger and bigger profits from trading in the bubble-driven real estate securities market, the banks ran roughshod over the home mortgage and title system that had served this country (and England and many others) quite well for hundreds of years -- and they made a serious mess of it. Because of the way these mortgages have been sliced and diced and sold into complicated securities, homeowners, judges, and the banks themselves are having quite a bit of trouble figuring out who actually owns the note in more cases than is easy to believe. The "paperwork" -- figuring out who owns the note - is not just a little messed up, it is a disaster area.
This wouldn't be as big a deal except that the combination of the housing bubble itself plus the worst recession since the Great Depression (caused in great part by that bubble) has created a foreclosure crisis of gargantuan proportions. Millions of homeowners are in foreclosure proceedings, millions more underwater because of the collapse of housing prices. And because the banks have cooked their books, not wanting all these toxic assets to wreak havoc with their official valuation and their stock prices, they have no interest in helping homeowners stay in their homes by writing down these mortgages to current market levels. So banks are moving to foreclose these millions of homes, but they can't prove to judges that they even own the notes that would allow them to foreclose. Thus you have robo-signers, falsified affidavits, and all kinds of strange things being presented to judges in courts. The judges who are not bought and paid for by the banks are raising big red flags about all this, and thus you have cases like Ibanez going against the banks.
This is a mess not just for the housing market but for the entire economy, as the numbers on all this are staggering, and the housing market really does have the potential to just completely freeze up, which would be an economic nightmare. Our economy has no chance of getting dramatically better until the housing market starts moving again. So the banks are now going to their political allies, just like they did in 2008, and telling them: unless you save us from the mess that we've created (oh, wait, they don't use those last four words, instead it's the unforeseeable "perfect storm", "black swan" thing), we will go under and take the entire economy down with us. The good news for the banks is they are not necessarily looking for a cash handout this time - although it may come to that - but just some legal "tweaking" of this "minor paperwork problem."
If you have the stomach for it and want to learn more about the gory details about the policy side of all this, there are a bunch of good writers you can turn to, including Yves Smith, David Dayen, and Marcy Wheeler, all of whom have put up great pieces worth looking at in the last couple of days. Numerian has a great post I have already linked to a couple times in past pieces this week on the truly scary implications of what is going down.
But my focus, as usual, is on the politics of all this, because the drumbeat is beginning in a big way to bail out the bankers from their own mess once again. Third Way's piece, which Yves, David, and Marcy do a good job deconstructing, is the opening shot in what will be a very focused legislative push to once again bail out the bankers from their own mess. The banks and their allies will try to do this as quickly and quietly as they can, portraying it as a simple legal fix for minor paperwork problems. However, the consequences of this kind of legal bailout are actually far greater in some ways than the TARP bailout, as costly as that was. The TARP bailout was just dollars though. This one, as Yves writes, undermines fundamental property law that our entire economic system is based on:
This proposal guts state control of their own real estate law when the Supreme Court has repeatedly found that "dirt law" is not a Federal matter. It strips homeowners of their right to their day in court to preserve their contractual rights, namely, that only the proven mortgagee, and not a gangster, or in this case, bankster, can take possession of their home.
This sort of protection is fundamental to the operation of capitalism, so it's astonishing to see neoliberals so willing to throw it under the bus to preserve the balance sheets of the TBTF banks. Readers may recall how we came to have this sort of legal protection in the first place. England learned the hard way in the 17th century what happens with low documentation requirements: abuse of court procedures, perjury and corruption become the norm. Parliament enacted the 1677 Statute of Frauds to establish higher standards for contracts, such as witnessing by a third party, to stop the widespread theft of property that was underway.The memo completely ignores the harm to investors from the bank mistakes and lacks any provisions for damage to investors to be remedied. Moreover, denying borrower rights removes their leverage to obtain deep principal mortgage modifications, which for viable borrowers produces lower losses than costly foreclosures and sales of distressed property. Thus this shredding of contractual protections in mortgages not only hurts borrowers but also harms investors.
So to save the banks from their own, colossal abuses of contracts that they devised, the Third Way document advocates Congressional intervention into well established, well functioning state law. This is a case where these matters can and should be left to the courts and ultimately state AGs to coordinate the template of a more broadbased solution.
To once again bail out the bankers, this time by changing real estate law in a way that hasn't been done since the 1670s, would be a far bigger deal than even the trillions in bailout dollars the TARP and Fed gave these banks in 2008/9. But the bankers and their allies like Third Way will try to present this as a simple fix to some minor paperwork problems. Look, if these paperwork problems were so minor, we wouldn't need the fix they are proposing: the banks would get nicked a little in a few cases where they screwed up a little bit of paperwork, and everyone would go on their way. But they have made a Texas-sized mess of the entire mortgage title system in their haste to make money, and it is time to pay the piper.
What's the solution? We should start with a foreclosure freeze while the government sorts through the mess and the state attorney generals finish their negotiations with the big banks. Clearly, a massive amount of mortgage write-downs to underwater homeowners to reflect current housing prices makes a ton of sense, and would dramatically cut the need for foreclosures, taking some of the pressure off the system. Once those two steps are taken, hopefully the AGs can cut a good deal for the American people to make things work better going forward.
The problem with sensible pro-middle class solutions like this is the incredible political power of these big banks. Here's the deal, though: politicians hate the idea of having to bail these guys out again. If progressives can make clear that any legal changes the bankers are trying to push through on mortgage and title law are just one more big bailout of the big banks, we can win this fight. Let's hope we do, because the stakes are pretty damn high.
Cross-posted at my home blog, OpenLeft.com
Source:http://removeripoffreports.net/
Gov.-elect Robert Bentley intends to be governor over all, but <b>...</b>
elect Robert Bentley intends to be governor over all, but says only Christians are his 'brothers and sisters'. Published: Monday, January 17, 2011, 4:23 PM Updated: Monday, January 17, 2011, 6:14 PM. David White -- The Birmingham News ...
Soap <b>News</b>: 'AMC's' Debbi Morgan Has Lyme Disease and More
A few weeks ago we reported that 'All My Children's' award-winning actress Debbi Morgan would be taking some time off from the soap. This week.
Casting <b>News</b>: Anne Hathaway to Guest on 'Glee,' Marissa Jaret <b>...</b>
Anne Hathaway must've made a good impression on 'Glee' creator Ryan Murphy at the Golden Globes this weekend, because he's already confirmed she will.
Friday, January 14, 2011
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Very often, funding is not a free lunch. If, (in a divorce for example) the parties are arguing over money or a house then some of the value of their house or their money may be at risk. There is an exemption which (the last time I looked) was £5000 but other than that any monies or property in dispute were at risk. In a nutshell, if the fund paid for someone to fight over the old matrimonial home then in the event that the matrimonial home was awarded to the person with the benefit of Legal Aid then the Board would want the costs they had paid, repaying from the value of the home.
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Talk with your local branch banks. Credit unions are another great route to take and you should explore membership with a credit union to have more options open to you. The small, local branches are often more inclined to work with someone who has credit challenges. There is something special about the small-town effect when it comes to your relationship with the bankers.
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Launch of <b>News</b> Corp.'s iPad newspaper delayed | VentureBeat
The launch of The Daily, News Corp.'s iPad-only newspaper, has been delayed. The Daily was set to be unveiled in San Francisco next Wednesday. The delay will last “weeks, not months,” a source told All Things Digital. ...
No, your zodiac sign hasn't changed – This Just In - CNN.com Blogs
Tattoo parlor owners must be salivating. An assertion in a Minneapolis Star Tribune article that our understanding of the zodiac is off by about a month -- and that therefore people have been identifying themselves with the wrong sign ...
Movie <b>News</b> Quick Hits: 'Zoolander 2' <b>News</b>, Abe Lincoln Shortlist <b>...</b>
Here's a new image from 'Sherlock Holmes 2.' The LA Times describes the plot for the sequel: 'Set in 1891 - a year after.
Thursday, January 13, 2011
foreclosure defense
If the ASF keeps this sort of nonsense up, it’s soon going to have the status of Pravda in the later stages of the Soviet Union, a mouthpiece of falsehoods that the officialdom is particularly eager to promote.
Immediately after the Ibanez ruling, in which two foreclosure actions were voided due to the failure of the servicers to prove that the trusts who allegedly owned the mortgages had standing, the American Securitization Forum issued a press release that said:
The ASF is pleased the Court validated the use of the conveyance language in securitization documents as being sufficient to prove transfers of mortgages under the unique aspects of Massachusetts law. Importantly, unlike the lower court, the Court also said assignments of mortgage can be executed in blank, as long as a complete chain of transfers can be shown through the applicable deal documents.
Even odder, people who ought to know better, ranging from Amherst Securities to FT Alphaville, are uncritically parroting the ASF party line.
Let’s look at what the decision actually says.
Where a pool of mortgages, with a schedule of the pooled mortgage loans that clearly and specifically identifies the mortgage at issue as among those assigned, may suffice to establish the trustee as the mortgage holder.
First, note the use of the word “may”. This is hardly definitive, it can be read in isolation as the the SJC saying this was arguable (as in “may” = “does”) or that they had considered the argument but were not reaching a firm conclusion.
But you can’t even make the more aggressive reading of that sentence, since the next one states:
However, there must be proof that the assignment was made by a party that itself held the mortgage.
And later, the ruling states:
Even if there were an executed trust agreement with the required schedule, US Bank failed to furnish any evidence that the entity assigning the mortgage – Structured Asset Securities Corporation — ever held the mortgage to be assigned. The last assignment of the mortgage on record was from Rose Mortgage to Option One; nothing was submitted to the judge indicating that Option One ever assigned the mortgage to anyone before the foreclosure sale
This certainly seems to say the chain of title represented in the PSA must be followed by the actual mortgage documents if you want to use the PSA as evidence of standing. Since this appears almost never happened, it will prove quite difficult to cure. For the depositor to record the assignment into the trust to “cure” the standing, the depositor must show how he got title, and so on.
So we are back to square zero, which is needing to look at the chain of assignment and whether the parties that made the assignment were “holders” which generally requires both physical possession and valid ownership.
This decision in NO way supports the securitization industry argument that the PSA itself is evidence of assignment and transfer. And we are far from the only ones to read the decision this way. Kate Berry from the far from bank unfriendly American Banker noted this AM (boldface ours):
The ruling is an effective rejection of the industry’s fallback defense on botched securitization procedures. The American Securitization Forum and numerous securitization attorneys working for the industry have argued that evidence of intended transfers of a mortgage are sufficient to demonstrate legal standing. The Massachusetts high court disagreed….“There must be proof that the assignment was made by a party that itself held the mortgage,” Justice Ralph D. Gants wrote. “The plaintiffs were not the original mortgagees to whom the power of sale was granted; rather, they claim the authority to foreclose as the eventual assignees of the original mortgagees.”
Grants also wrote “that a conveyance of real property, such as a mortgage, that does not name the assignee conveys nothing and is void; we do not regard an assignment of land in blank as giving legal title.”
Perplexingly, the American Securitization Forum issued a press release hailing the court’s ruling as upholding the validity of assignments in blank. A spokesman for the organization could not be reached to explain its interpretation.
In other words, the judge writing the decision SPECIFICALLY says it nixed the idea of assignment in blank, yet the ASF is asserting the exact opposite!
Also note this section of a concurring opinion by Judge Cordy:
Foreclosure is a powerful act with significant consequences, and Massachusetts law has always required that it proceed strictly in accord with the statutes that govern it….The plaintiff banks, who brought these cases to clear the titles that they acquired at their own foreclosure sales, have simply failed to prove that the underlying assignments of the mortgages that they allege (and would have) entitled them to foreclose ever existed in any legally cognizable form before they exercised the power of sale that accompanies those assignments.
That does not seem terribly supportive of the “PSA constitutes transfer” argument, since both servicers presented the PSAs, yet the judge also expects to see “underlying assignments (note plural) now does it?
But the securitization industry is clearly desperate to keep its fantasy going, presumably to deter investors, who have deep pockets and are being badly damaged by this colossal negligence, from suing trustees (who repeatedly certified that all the paperwork was in order) and servicers.
Boehner’s spokesman raised the spectre of “groups similar to ACORN”, which no longer exists, as a recipient of this money. What it will actually go toward is legal services, defending borrowers who would otherwise have no way to afford access to the legal system.
And this is a state’s rights issue. This bill wouldn’t mandate legal services money; it would allow states to elect, if they so chose, to use their Hardest Hit Fund dollars in the manner to which they see fit. In the typical conservative game, state’s rights mean a lot except when that goes against their ideological goals. Plus, it doesn’t cost a dime, as the money is going to the states anyway. They should get to decide how to use it.
It’s unclear that this legislation is even necessary. Treasury only reverts back to TARP rules when talking about how legal aid services aren’t allowable as recipients, though it showed wide latitude in handing out money to whatever bank wanted a piece previously. But Geithner is insisting on it. His “enthusiastic support” of the House measure belies the fact that there’s no Republican co-sponsor in the Senate, and moving the bill on unanimous consent in the dwindling days of the lame duck session is dubious. If Geithner supports allowing states to decide if foreclosure victims can have access to justice, all he has to do is sign off on it as Treasury Secretary.
The funding problem for foreclosure legal defense is “part of the banks’ strategy,” says Bubba Grimsley, a leading foreclosure defense attorney. Foreclosure defense lawyers have been extremely successful in uncovering robo-signing and a host of other irregularities in the foreclosure process, but they have to be able to sustain themselves:
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Monday, January 10, 2011
internet marketing
While I have been unable to dig up the original report that I wrote at the time, I remember enough of the details to hopefully make the story worth retelling. Between March and November 1998, Yahoo’s market capitalization soared from $4 billion to almost $19 billion. (According to SecondMarket, Facebook’s valuation has soared from $11 billion in December 2009 to $50 billion today.) As a young(ish) equity analyst at Hambrecht & Quist, I had the audacity in July 1998 to downgrade the stock of Yahoo from a BUY to a HOLD based on valuation concerns even though I was well-known on the Street as a long-time Yahoo bull.
The real crux of the downgrade was that no matter how I tried, I just couldn’t get comfortable with the thought that Yahoo—while growing faster than just about any company before it—was worth more than Viacom, whose revenues and profits were a multiple of Yahoo’s. While I had been covering Yahoo for a number of years since its 1996 IPO, I just couldn’t perceive how the company, even as it was defining the way we used the Internet, was worth more at that point in time than the media colossus Viacom (which I had covered for years before that as a finance reporter at Variety). My downgrade proved prescient for a couple of weeks—Yahoo’s stock price dove more than 30% in late summer along with other Internet stocks over concerns about the Russian economy. This did little to deflect the heated feedback from both my own institutional sales force and buyside accounts (I still remember Alberto Vilar—then riding high atop Amerindo—screaming at me about how little I knew about valuation and how I would never make it on Wall Street). Reporter Saul Hansell noted my call in the pages of the New York Times, labeling me a “virtual Jeremiah” for even daring to question Internet valuations. But in the autumn, Yahoo stock’s resumed its dizzying upward ascent, proving me and anyone else who dared to question Internet valuations at that time very, very wrong.
A decade later, Yahoo’s market capitalization is $21.3 billion, and the company is seriously hampered by the lack of a clearly defined strategic vision. Revenues stand at about $6.5 billion with cash flow (EBITDA) of $1.4 billion.
Viacom’s market cap today stands at $24 billion despite revenues of $12.5 billion and cash flow (EBITDA) of $3.3 billion.
Facebook on the other hand is poised to dominate social media marketing and (perhaps) social commerce. Its user base dominates anything that came before it: more than 500 million active users with 50% of its active users logging on to Facebook in any given day. According to Facebook itself, people spend over 700 billion minutes per month on the site. In terms of revenues, the number being bandied about for 2010 is $2 billion (no publicly available numbers exist as Facebook is still private). If that number proves correct, Facebook will have reached that revenue milestone faster than Google, which did it sometime between years five and six, and Yahoo, which reached that revenue milestone in its ninth year. Like Yahoo—and more recently Google—before it, Facebook is defining the way we use the Internet.
Fortunately for me it is no longer my job to try to divine what publically traded equities are worth. But it might be wise for investors to question for just a moment the current valuation hype surrounding Facebook and other private Internet companies (Zynga, Groupon). These companies may very well someday grow into and even exceed the lofty valuations placed upon them today. But for some of us this storyline seems eerily familiar and the ending may not necessarily be as predictable or uplifting as it currently seems.--PN
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Martin,
While I respect your efforts to warn would-be entrepreneurs about illegal schemes, your observations regarding multilevel marketing (MLM) are ignorant and unjustified. Please understand that I am not using the term "ignorant" derogatorily, but rather to describe your commentary as being ignore-ant of readily available historical, mathematical, and legal information about this industry and profession.
First of all, as a successful distributor, consultant, advocate, and court certified expert in the field of multilevel marketing, I am offended by your reference to my profession as a pyramid scheme only by a "matter of degree". There are well over 1,000 such companies in the U.S. alone, which is one of 80+ countries where it's recognized as a legal and legitimate form of business. You assert that they "all" sound like "get rich quick schemes" to you. How many of these several hundred MLM programs have you researched and evaluated? This business model has existed for 75 years, and includes not only Mary Kay and Lia Sophia, but also Shaklee, Avon, Discovery Toys, Watkins, Tupperware, Pampered Chef (owned by Warren Buffet) and many other good corporate citizens (over 20 of which are publicly traded). Your characterization of this profession does a grave disservice to the 30 million world-wide distributors, 20,000+ employees, hundreds of vendors, and thousands of investors associated with this industry.
You state "…the essence of an entrepreneur is creating something new and innovative, whereas an MLM is a traditional formula on an existing product…". And a typical Starbucks or McDonald's franchise is not? But this argument is academic considering the wide array of innovative products that have come from, or been popularized, by the MLM industry. For example, no one even heard of Mangosteen, Noni, Goji or Acai ten years ago. Today these "super fruits" make up a billion dollar world wide market, both within and outside of the MLM industry. Yes, some marketers of these fruit drinks do over-hype their products, and many untrained, unprofessional distributors do make unsubstantiated claims about them. But let's be clear in that this is an issue with how MLM is often packaged, not with the content.
Yet, you go on to claim that an upfront requirement to purchase marketing and training material (which is typically less than $50) that will better educate the new rep on how to properly promote their business is an "unnecessary and are inappropriate" red flag.
You go on to site online material such as Van Druff's “What's Wrong With Multi-Level Marketing?” as a credible source of information. This is in spite of the fact this article was originally written 21 years ago by an individual who has never participated in the profession he criticizes. This is one of the most ill-conceived and debunked anti-MLM article in existence, as is evident here: http://www.marketwaveinc.com/viewarticle.asp?id=7
Your suggestion to look for a formal home office street address is valid, however the existence of a toll-free number is virtually meaningless considering the ease in which one can now be obtained, and considering Bernard L. Madoff Investment Securities LLC had one. Furthermore, the BBB routinely issues low grades to MLM companies due to the "industry in which this business operates" – that is, until the company pays for BBB membership. Then the BBB will have no concern about the "industry in which this business operates" and will unconditionally award it at least an "A-" grade.
While I agree with your "red flags" #2, #3, and #4, when evaluating whether more income is coming from purchases of downline reps, per #5, you must also consider that, according to several states as well as the Federal Trade Commission, those downline reps can count as bona fide customers. As can be gleaned from this FTC letter to the DSA here, http://www.marketwaveinc.com/FTC_Letter.pdf, the FTC considers only the motive for buying the product, not what percentage is sold to non-distributor customers. And, in fact, many retail customers do choose to become reps, and most MLM reps are passionate, often to a fault, about their products.
You state, "you will need lots of family and friends to make it work" yet just a few sentences later you state "The Internet has made it so easy now. In the old days you had to actually visit people, or at least call them, to pitch your fabulous new opportunity." Your first statement is utterly false, while your latter statement is quite correct. While exposing one's product or opportunity to a friend or family member is still common (with the majority of industry leaders training to lead with the product), the majority of marketing is now done online and directed towards one's "cold market".
You further theorize that "Multi-Level Marketing” and “Network Marketing” were "sanitized terms" invented after Amway and others were charged with “pyramiding” back in the early 1970s. What you failed to mention was that the courts ultimately ruled Amway, and thus the MLM compensation model, was NOT an illegal pyramid. Furthermore, the term “Network Marketing” was coined in the early 1990s.
Finally, you do concede "there must be something to the business model" since "some big business icons like Donald Trump are joining in the MLM parade". Besides Trump you can include the afore-mentioned Warren Buffet, as well as Anthony Robbins, Robert Kiyosaki, Paul Zane Pilzer, Brian Tracy, Mark Victor Hansen, and Bill Clinton (http://www.youtube.com/DirectSelling411) as supporters of this profession.
Martin, pyramid schemes do often try to disguise themselves as legal, legitimate MLM operations – because they want to be perceived as legal and legitimate. And yes, we do suffer a guilt by association with illegal pyramid schemes, but this is due precisely to wholly inaccurate portrayals within the media such as yours.
Thank you for considering, an allowing me to present, an opposing point of view.
Len Clements
Founder & CEO
MarketWave, Inc.
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This might actually be a smart move - the audience is exactly what "wtfinator" described. The news team there is often called out for leaning left in the comments on any stories posted on aol.com. Plays to their core. ...
ABC <b>News</b> chief Ben Sherwood promises no massive layoffs, doesn't <b>...</b>
The new head of ABC News said he has no plans for major layoffs at the division but did not rule out partnerships with other major news organizations down the road. Ben Sherwood, who a few weeks ago succeeded David...
Denver Broncos <b>News</b>: Horse Tracks 1/10/11 - Mile High Report
Your daily cup of Orange and Blue Coffee .. Horse Tracks.
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AOL Hires Fox <b>News</b> Vet To Double AOL.com Traffic By End Of Winter
This might actually be a smart move - the audience is exactly what "wtfinator" described. The news team there is often called out for leaning left in the comments on any stories posted on aol.com. Plays to their core. ...
ABC <b>News</b> chief Ben Sherwood promises no massive layoffs, doesn't <b>...</b>
The new head of ABC News said he has no plans for major layoffs at the division but did not rule out partnerships with other major news organizations down the road. Ben Sherwood, who a few weeks ago succeeded David...
Denver Broncos <b>News</b>: Horse Tracks 1/10/11 - Mile High Report
Your daily cup of Orange and Blue Coffee .. Horse Tracks.