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A Real Estate Renaissance Firm

Real Estate Investing: The Small-Cap Investor

As I said in the introduction to investing in San Diego real estate, I use the word ”investor” as though it were universal, but it’s not.  I see three distinct spheres or levels when I look at people buying and selling real estate.  Two of those levels are well served: the owner-occupied and the commercial.  Clients falling into either of those categories may learn from these articles too, but it’s that middle sphere or second level client I want to focus on and reach.  These are the people I call Small-Cap Investors and they are, by far, the most underserved.  So, what are these three levels specifically?

Level 1 Clients
By far the largest in number, Level 1 clients are buying or selling their own homes.  This group is well represented by the real estate industry.  It wouldn’t surprise me at all if you said there were 1.8 agents for every man, woman, child and large puppy in California.

Level 2 Clients
My target audience and I believe, one of the fastest growing segments of the real estate world.  These are primarily individual or small group investors buying single family homes and 2 or maybe 3 unit buildings.  Because this group is so inadequately served, they must look for advice where they can find it.  They either try and use the services designed for Level 3 (and are left feeling like second class citizens because of their lower net worth and limited objectives) or they settle for Level 1 representation.  In which case they are trying to make an investment decision while consulting someone more normally associated with staging open houses, comping properties and holding nervous clients together while buyers’ remorse passes.  All important tasks, to be sure, but a poor substitute for understanding debt planning and proper valuations in relation to cash flow.

Level 3 Clients
This is a set of investors buying and selling at a commercial level.  They are quite knowledgeable going in and their transactions may involve 10 unit apartment complexes and commercial buildings.  The agents at this Level work with firms that have taught them how to view their clients’ investments in much the same way we do on Wall Street.  But they are too large to work with the Small-Cap Investor and their tools are too sophisticated.  They are going to discuss things like “cap rate,” “1031 exchange” and “triple nets.”  If you’re really curious, I’d be happy to explain these concepts but here’s what’s important: they are not the right tools for Level 2 clients.  They do not provide the appropriate framework of analysis for Small-Cap Investing.

Call to Action
Here’s the bottom line.  If you are or think you may be a Small-Cap Investor, these articles are written especially for you.  If you have any questions or you are in need of a specialist, please don’t hesitate to contact me.  If you are an agent looking for a better understanding of these concepts, this is written with you in mind too.  If you are interested in gaining a much more detailed, working knowledge of Small-Cap Investors, we offer seminars and webinars through a company I co-founded called: The Real Estate Training Team (TREETT).  We are also available for office presentations.  No matter who you are, I hope this series of articles is helpful and I look forward to your comments.

Filed under: INVESTORS , ,

You’re Gonna Need a Shovel

When I was young, my father taught me a very simple story:

A man walks by a big room and sees that it’s chest high in manure.  “Quick,” he says “someone get me a shovel.  There must be one helluva horse in here somewhere!”

Now the message was always clear: don’t be afraid of hard work and look upon every situation with an optimistic eye. Lately though, reading the paper has been a lot like running into that room; only I’ve begun to realize there’s no horse in there. Just a whole lot of shovelin’.

The latest pile can be found in a column by Dean Calbreath, a well-respected staff writer for the Business section of our local paper: The San Diego Union Tribune. You can read the full story here: Government Spending is Tool to Revive the Economy, although the title itself is about as subtle as a sledge hammer to the head. (I wonder if he was being ironic with the word “tool”?) In the column itself, Mr. Calbreath expects politicians debating the “stimulus package” will take heart in a new study by UCSD economist Valerie Ramey which concluded that for every $1 the government spends, it generates $1.40 in economic growth. Uh… yes, you read that right. The government is generating 40% growth on its spending programs. Wow! We really can spend our way out of a problem.  I mean Mister, at 40% growth we’ll be out of this recession in a quarter or two if the government will just get it through their thick heads to spend enough. (When I read utter nonsense like this I am reminded, as I so often am, of the wit and wisdom of Homer Simpson. Upon realizing he and a few other characters were literally trapped at the bottom of a hole they themselves had dug, Homer hit upon an elegant solution:  “We’ll dig our way out!” As the screen fades we can here Chief Wiggum say, “No, dig up, stupid…”)

“Raising spending stimulates the economy,” Ramey said.  “On average, government spending raises gross domestic product and raises employment, although it sometimes leads to a small decrease in consumer spending, as consumers find themselves in competition with the government.”  You think?!  So let me get this straight: the “magic” money that the government has (we’ll come back to that in a second), stimulates the economy but stops small businesses and individuals from investing in themselves.  Well, what’s a little shift in the welfare state if it means an increase in the GDP!  Hey, I’ve got an idea; let’s triple the amount of money the government spends, move the majority of our citizens onto welfare and really bounce the GDP up to record heights.

I suppose it should come as no surprise that later in the article, Mr Calbreath describes an “economy laid low by the mortgage crisis.”  The mortgage crisis?  Is this economic shorthand?  Was there not enough space in this 1100 word column to mention immoral investment banks, criminal ratings agencies, the CRA (ground zero of the housing problem), government regulators asleep at the wheel or rampant, undisclosed use of exotic creations like Default Swaps & CDOs?  The mortgage crisis?  Mr. Calbreath, your readers deserve more respect than that.

The UCSD study is not the only peg on which Mr. Calbreath hangs his hat:

A massive hole in demand is emerging as consumers, businesses and state and local governments are forced to cut back,” said Nigel Gault, chief US economist at IHT Global Insight, an economic analysis firm in Massachusetts.  “The federal government is the only entity that can fill that gap, either by spending itself or by providing the financing for spending in the rest of the economy.

… either by spending itself… Ah yes, we come back to the financial gain we reap when the government reaches deep down into its pockets and spends some of its hard-earned money to stimulate the economy.  What’s that you say?  The government doesn’t have a job?  The government doesn’t earn money, hard or otherwise?  The government doesn’t even have pockets?  Well, I guess you’re right.  But WE have pockets.  When these pinhead economists tell you that government spending is going to accomplish something, remember what they mean: the government’s going to confiscate money from you (or in the alternative print it and confiscate it from your unborn children) and spend it on things you very likely wouldn’t have.  This is a zero sum game.  When the government raises the GDP or employment by spending money – YOUR MONEY – you are, by default, unable to spend it yourself.  So we have to ask ourselves: “Did anything really happen?”

To answer that question, I propose a quick thought experiment.  Imagine yourself on your way to the grocery store with your allotted budget for groceries and I stop you on the street and take that money.  Let’s say I repeat this up and down the streets.  Now let’s say I take all that money and I go to the grocery store (although to be accurate we would have to make it a grocery store far away and poorly run, a store which I – in my infinite wisdom and obvious superiority to all those from whom I took grocery money – have deemed worthy of the business) and I spend all that money.  Now tell me, did that store enjoy a boost in its gross profits?  Certainly it did, no question.  Now tell me this: did grocery stores as a whole enjoy a boost to their  gross profits?  No.  All those stores that all those people would have shopped at suffered a loss; worse yet, it wasn’t even a dollar for dollar trade.  Remember, I took all of your money and spent it at an inefficient, poorly run store.  Not only was there no real gain in over-all grocery store gross profits, there was a net loss!  (Unless you’re an economist, in which case you might discover a 40% return on the spending I did.)

Eventually, way down at paragraph 27 (of 28), we see a little piece of logic leak out.  Ms. Ramey, our UCSD economist, states,

In the long run, for instance, we should take a look at reducing the payroll tax – which, after all, taxes people for something you want them to do: work.  Economic theory tells us that if we reduce that tax, we can stimulate the number of jobs created.

Well that just makes too much sense.  If we lower payroll taxes we can stimulate the number of jobs created.  Ms. Ramey, why aren’t we following that piece of logical advice?  Because, she explains, people might just save the extra money they make.  Or pay off debt with it.  It would not have “an immediate effect on the economy.”  Not like, say… infrastructure spending would.  Uh huh.  I think I get it now.  Taking my money and spending it inefficiently increases the economic viability of our economy.  Building bridges and freeways two or three years from now, that will have an immediate affect on the recession in our economy.  But reducing my payroll taxes, which I would feel as increased purchasing power within one pay period, that will not help the economy.

Here’s your shovel back.  There’s no horse in here.  Just a whole lot of BS.

Filed under: POLITICAL & ECONOMIC FOLLY , , ,

Introduction to Investing in San Diego Real Estate

Real Estate Investing is not nearly so difficult as you might think.  As a matter of fact, with the right tools and a good advisor, real estate investing may be the safest, simplest way to accumulate wealth.  At least… that’s what I thought before moving back to San Diego.  I had been an options trader on the floor of the Chicago Board Options Exchange and before that a licensed, Series 7 stock broker.  I came out of an industry where assessing value, analyzing investments and managing risk were how we spent our days.  It was exciting and educational and stressful.  I eventually decided to move home, get licensed and advise clients in a less demanding atmosphere.  Heck, I thought to myself, I have a degree from Princeton and a fifteen year background in finance, real estate and investment.  Helping clients with their real estate investments should be nice and relaxing.  

I could not have been more wrong.  I was shocked by the antics I saw: the way investment property values were reached and opportunities were compared, the way financial planning was virtually ignored altogether, the way clients were treated as an afterthought in the rush to close transactions!  In the securites business you’d lose your license for doing things that are considered common and ethical in the World of Real Estate.  I thought there would be an endless supply of clients ready to make their fortune investing in real estate and there weren’t.  Do you want to know why?  Because it’s the Wild West out there!  It reminds me of a line from that great movie-western Chisum:  “There’s no law west of Dodge and no God west of the Pecos.”

Lawyers, Guns & Money
That line is not entirely accurate.  I know we have God out here because I listen to clients and agents constantly saying things like, “Oh God, please let this close,” or “Oh my God I can’t believe we missed that deadline,” and my personal favorite: “Dear God, why won’t anyone call me back.”  But laws… that’s another story.  What we’ve got is a bunch of cowboys running around, calling themselves “real estate advisors” and no real system or structure for the Small Cap Investor.  The first time I saw this it hit me: when you enter into a transaction it’s like stepping out on to the streets of Tombstone.  You might enjoy a fine, sunny walk or you might stumble into the OK Corral.  The only way to proceed is with an agent who’s one terrific gunslinger; protecting you as you walk down the dusty street.  Now that system works well enough when it comes to buying or selling your own home.  Especially because there are a lot of really caring, moral, professionals in real estate - agents who always, without fail, put your needs ahead of their own.   Besides which, most owner-occupied transactions aren’t based on money or long term risk/reward so much as emotion and short-term marketing.  But if your objective is to successfully invest in real estate, you can’t afford the Wild West Show.

Before I move on, please allow me to be clear: this is not the agents’ fault.  They just don’t have access to the training or the conceptual framework required to give investors the attention they need.  You see, they’re bombarded with systems for marketing and generating leads, but there’s no widespread acceptance of the tools for real estate investing.  This state of affairs, as I said, is not the agents’ fault.  It’s very difficult to know what you don’t know… when you don’t know it.  My main purpose in writing this series is to help investors make clear, profitable decisions.  But I hope it will also serve the agents who want to specialize in and cater to Small-Cap clients.  The number one action an agent can take to ensure their long term success is gain a level of expertise and so stand out from the crowd.  In the marketing seminars I lead for agents they are taught this simple mantra: “Differentiate or Die.”  (I know, I know, it sounds a bit dramatic.  But that’s how ideas get remembered.)  In the rest of this series I will use the term “investor,” but these concepts are equally important for the agent to understand (maybe more so). 

The Future of Investing in San Diego Real Estate

In future articles I am going to discuss Investment Property Valuations (there are actually four values), and the role Arbitrage plays in every transaction we contemplate.  We’ll look at the effects of Volatility as well as the pros and cons of Fixers, Flips and Turn Key.   I’ll explain strategies for beating out the competition in a Multiple Counter situation and what your Drop Number is and how it affects your Highest, Best Offer.  You will learn the four keys to Investment Analysis, the concept behind the Infinite Investment Strategy and whether Partners or Investors may help you.

Before we do all that, I think it’s important to understant exactly who a Small-Cap Investor is.  That is the subject of the next article.  Thank you for reading the Introduction to Real Estate Investing 101.  I look forward to your comments and questions.

Filed under: INVESTORS , ,

Investing in San Diego Real Estate: The Lost Years

As the Investing in San Diego Real Estate opening page suggested, there are really only two reasons the average person has missed out on the profits and safety inherent to investing in San Diego real estate: price and knowledge.

Price
First and foremost in most people’s minds, the astronomical prices have prevented all but the wealthiest from being able to purchase investment property in San Diego. One needed to have a tremendous cash reserve (or a long history of property ownership and equity appreciation) just to get in the door. Even if you did have the cash to qualify for a down payment, it was nearly impossible to purchase a property as a Small-Cap investor  that would cash flow.  The rents were just not great enough to match the cost of ownership.  Of course that fact, along with the more widely reported mortgage crisis, led to the housing bubble.

Unfortunately for the economy (although it has been a great benefit to investors), the natural movement of the real estate cycle, caused in large part by the crash of that same bubble, has reduced most of the pricing roadblock. The benefit has been two-fold: prices in San Diego have dropped to the pre-bubble levels of 2002 and thanks to rental demand, the cash flow opportunity has returned to 1992 levels. These two factors alone put San Diego back in the forefront of real estate investment opportunities.

Knowledge
The second reason for missing out on San Diego real estate investments continues to be a much greater obstacle for the average person, derailing many potential investors before they ever really get started. It’s more than a lack of knowledge really; it’s a lack of framework. There is very little assistance or advice the Small-Cap investor can access. This is in large part due to the way real estate investing has been viewed… or more accurately: the way real estate investing has not been viewed and practiced in the same way we do other investments.

CQ Financial Group is changing that. My background is the stock and options industries and I understand how to analyze and compare various investment strategies. The tools required to do so have not existed or at least been available to the average investor. We are creating them right here… for you.

Action
The articles in this series are designed to show you the proper way to value investment properties, how to compare various opportunities using tools like Drop Amount and Arbitrage. You’ll discover how to make money, or at least prevent yourself from losing money, rehabbing properties. It is a wealth of information and like all educations, the best place to start is at the beginning. Read Real Estate Investing: Introduction first. Gain some insight into what the problems are and how they came to be so that you may fully understand the solutions. If you have any questions you are free to comment on the articles, email or call us. We are not just writing theories and creating books… we are active right now; advising clients on the best real estate investing San Diego has to offer. The time is right and the information is here; all you have to do is ACT.

Filed under: INVESTORS , , , ,

The Agents are the Heroes

How many remember the movie Back to the Future?  I always liked the play on words in that title and I am liking it even more lately.  Why?  Because as agents that is exactly what we are doing:  going back to the future.  I believe the marketing theme for 2009 is going to be “old school.”  Going back to the “old school” ways of marketing… done with the tools of the future:  back to the future.  (Caveat: the future for me has a very Mr. Magoo aspect to it.  I appreciate the high-tech agents among us keeping the laughter down to a mild snicker.)  Chris Johnson understands “old school”, he was bleeding it here and here.  Jeff Brown understands old school – actually, Jeff probably learned this stuff when it was just “school”…

  • Touching your sphere of influence on a consistent basis is “old school” – using emails, webinars and blogging to do it is the future.
  • Tracking your marketing, your prospecting and your ROI from both is “old school” – using powerful software to do so is the future.
  • Picking up the phone and calling past clients or mailing something personal every day is “old school” – knowing there is no substitute for getting belly-to-belly is the future.

And WE are the future.  Those of us still here.  Our profession lost a lot of people last year.  Our profession needed to…  Many of us suffered just to make it this far and some of us are suffering still  (although some flourished… think about that).  But the point is, we are here.  We stuck it out because this “real estate thing” isn’t something we do on the side or because it’s easy money.  We are her because this is our profession.  We now reap all the opportunities of 2009… AND the responsibilities.  It is our charge to bring integrity and passion to everything we do.  You, all of you, are the heroes and don’t let anyone tell you otherwise.  You help people find their way, now more so than ever before, through a giant minefield of potentially devastating mistakes on their way to buying or selling what is probably the largest financial investment of their lives.  Pretty heady stuff.

I say Congratulations to each and every one of you.  When you lay your head down at the end of the day, remember this: you are the walking, talking, living proof of this truth: “Tough times don’t last, tough people do.”

Filed under: LIFE THAT POPs, REALTORS , ,

Happy New… ah, to hell with it

Please, allow me to be the very first to wish you a Happy New Year!  What’s that?  Not the first huh; the second?  The tenth?  Well just forget it then.  Truth be told “Happy New Year” is kind of silly isn’t it?  I mean, it’s just an imaginary line drawn in a calendar.  The time of year we just know we’re going to write the wrong date on our checks and when we do we’re still surprised by it: “Look what I did here Mac, I was writing out a check and I wrote ‘08 instead of ‘09!  Can you believe it!  Golly, I wonder how many more times I’ll make that mistake.”  (Note of explanation for the younger readers out there: we used to carry around these little pads called checkbooks.  They were nicely encased in a faux leather little cover and you would write on one of the sheets in this pad a kind of IOU that your bank would pay out of your account.  It had the benefit, especially right after the holidays, of creating a little time between when you paid something and when you necessarily had to have the actual cash.  You could not use them for online purchases, which was OK because the world was offline at the time.)

Where was I?  Oh yeah: saying Happy New Year on this day is a bit arbitrary.  When you think about it, we begin a new year every single day of our lives.  As a matter of fact, we begin a new life every single day of our lives.  Why don’t we wish each other Happy New Life each day instead of Good Morning?  Wouldn’t that put a much finer point on the power of today?  Oh I know what you’re thinking: “arbitrary or not, this is the time for Resolutions.”  Have you read the statistics on New Year’s resolutions?  Do you know how many are broken within hours of their creation?  (If so, please go ahead and post them in the comments because I didn’t bother to look them up – one of my resolutions is to waste less time finding links that others can find on there own.  As a matter of fact, did you know that the importance of blog linking is declining?  Damn it!  There, I went and broke my only New Year’s Resolution… anyone got the time?)

Here’s my point: every single day is an opportunity for us to take one more step down the path of success as we define it.  Whether you want to lose weight, spend more time with your family, spend less time with your family, make a boat load of money, load a boat with money and travel the world – whatever our goals – we can get closer to them each and every day if we only take three simple steps:

  1. Have a Goal.  This may seem obvious but you’d be surprised how many people do not have a specific, written goal they look at every day.  (I’ll pause here for everyone to get a paper and pen and write their goal down.)
  2. Select an Action.  Like ironing, one you can do every day and make into a habit.  Albert Einstein said the 8th Wonder of the World was the power of compounding.  If it is so powerful in the financial world, imagine the impact of a compounding habit on us!
  3. Recognize your WHY.  Have a damn good reason “why” you want to achieve the goal.  We are motivated by the why’s in our life.  Nobody actually loses 50lbs because they would look better.  They lose weight to save their life or to save their marriage or to finally show up at the High School Reunion and rub it in the face of “little miss popularity” who now has four kids, four chubby cheeks and a couple of chins…)

Hey, the truth is everyone looks at January 1st as a time of new beginnings.  If it helps to believe in that type of mass delusion I say go for it.  If you set your goals on December 3rd I say good for you too.  If you are going to wait until January 2nd just to be contrarian I relish the beat of your different drum.  Just make sure you don’t wait until January 3rd, because that will have been three New Lifetimes from now and no one should allow so much time to pass without purpose (last night’s festivities not withstanding).

Take a look around.  If you are content with what you see, don’t change a thing between today and yesterday.  If, however, you occasionally wake up and say to yourself “Hey, I don’t remember asking for more bills than money.” or “When did I decide I wanted more waist than I had belt?” you might want to engage in a little personal compounding yourself.   Those three steps I mentioned above are all that’s required to create some pretty amazing miracles.  Want to know the best part?  Compounding your personal interest does not depend on a calendar.  It doesn’t matter in the least what day today is because when it comes to your success, every day is a beginning.

Happy New Life!

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Net Happiness is Not Based on Net Worth

As 2008 comes to a close it’s important to remember… well, it’s important to remember what’s important.  Ben Stein does a pretty good job of that in this article.  He is ostensibly talking about the fallout from Bernard Madofff’s Ponzi scheme, but he says a whole lot more:

We are more than our investments.  We are more than the year-to-year or day-by-day changes in our net worth.  We are what we do for charity.  We are how we treat our family and friends.  We are how we treat our dogs and cats.  We are what we do for our community and our nation.  If you had $100 million or $100,000 a year ago and now you have a lot less, you’re still the same person.  You’re not a balance sheet, at least not one denominated in money…

It’s a tough thing to remember in a business measured by commissions.  Our lives are surrounded by miracles and drowned out by laughter.  Having money may improve our lifestyle, but it does not improve us.  Losing money may cause us hardship, but it does not lessen us.  Our happiness is a function of how happy we see ourselves at our core.  It is a choice of awareness.  Ben Stein gets that.  Choose to be happy – it’s more fun.

Filed under: LIFE THAT POPs, POLITICAL & ECONOMIC FOLLY , , ,

Do You Know How to Iron?

I attended a Christmas dinner party earlier this week.  It followed the script of most such dinner parties, which is to say: it was remarkable – the same way almost all social gatherings turn out to be remarkable.  They start slow: a few people in various corners of the living room, their conversations hushed and directed at the same person who accompanied them through the door not ten minutes earlier.  Then the wine is opened, some appetizers are laid out and enough people show up that a tipping point occurs.  As if by design the conversation hubs begin to move, some groups grow in size while others diminish, strangers are pulled in and couples become less dependent upon each other.  Eventually, the dinner is served and new friends engage in cross conversations around the table.  It is a predictable, if not awkward transformation leading to a unique treasure each and every time.

This party was no different.  I sat down on the couch and was soon engaged in a wonderful conversation.  Forced to guess her age I would say sixty, but she could have been seventy and she could have been fifty.  She was well traveled and she was observant.  It was easy to sense a certain wisdom in her person and I was fascinated.  She had recently returned from a trip to Europe and exuded a confident happiness that intrigued me.  “What’s the secret?” I asked.  She looked at me for a moment, trying to gauge whether I would understand her answer I supposed, then replied, “I iron my clothes now.”  She could see in my face that I was confused and I could see in hers that she had gauged correctly.  “Over in Europe, people still care,”  and she went on to explain how Europeans were more considered in the clothes they wore and how they looked.  This appealed to her in comparison with the casualness prevalent in America.  So… now she irons her clothes every morning.  It requires a little extra time and a little extra effort but it makes her day special.

I thought about that conversation all the way home.  She had chosen a small habit, applied it consistently, and changed her entire day.  The truth in that statement is universal.  We can effect tremendous changes by simply applying a new habit consistently.  What do you do for a living?  Would you like to be more successful doing it?  Choose one action – one simple activity  – and commit to doing it EVERY DAY.  That’s it really.  You do not need a complicated plan with multiple marketing objectives and the latest, most expensive, high-tech shiny object.  You only need to execute one well chosen action every day.  You could call ten people from your data base for referrals, you could add three new people to your contact list,  you could even leave the office and get belly to belly with at least one person; just make sure you are creating a habit that directly leads to business.

Aristotle said “We are what we repeatedly do.  Excellence, then, is not an act but a habit.”  My new friend from the party said “Iron your clothes every day.”  What do you say?

Filed under: LIFE THAT POPs ,

Learning to Appreciate the Arts

Not everyone appreciates the entertainment value of watching the body politic.  But I do.  I stand hands on hips, amazed by the intricate movements each player contributes to their tap dance around the truth.  I listen to their spin, enthralled by the rhythm and stunned by their ability to stand upon the dais and look us in the eyes.  For all its pleasures though, most dedicated fans recognize the elements of tragedy that underlie every production.  There may be action and there will most certainly be humor; but the end is always the same: hubris and self-importance combine to bring about tragedy.  In the audience we may see it coming, but our recognition is too late to avert the inevitable.

Residents of California have been blessed with a double header as of late; two shows for the price of one.  True aficionados of this delicate art form will not only revel in the production value both shows offer, but the clever juxtaposition between them – the contrasting views of power they represent.

On the main stage we find the Federal Players and their prime-time rendition of The King and I.  The legislative branch of democracy writes a blank check and hands it to King Henry (Paulson) and his trusty side-kick President Bush.  They spend it on assorted items, many never contemplated when the check was written.  The legislature must be commended, however, for its heartfelt portrayal of the country bumpkins who did not see any of this coming.  In the final act, a chagrined upper house – the Senate – reasserts itself.  They choose not to spend money they don’t have on an industry that does not deserve it.  (This decision aligns with the wishes of the audience, but we assume the relationship to be coincidental more than causal.)  At the last moment: a twist!  We see the King spending the money anyway!  He usurps the Legislature’s constitutional and historical role as the means of appropriation.  It is a dramatic twist, shocking in its brazen contempt for law.  As the curtain comes down the audience is too dazzled by it all to recognize the depth of the tragedy they have just witnessed.

On the secondary stages we find the State Players.  If you travel to the “Will Never Be Ready for Prime Time” tent you find the players particular to California, a state which all art patrons know to be the source of every decent slapstick comedy in the past thirty years.  Tonight’s presentation finds a Legislature stymied by the people’s will.  A proposition that allows tax hikes only upon a two-thirds vote of the house and senate prevents them from a continuous bacchanal of taxing and spending.  Like Nero, they fiddle while California burns.  There is a comic element in the beginning as the populace, forced to tighten their belts and deal with tremendous cuts to their budget, watches a government – unwilling to employ a budget - throw temper tantrums over their denied access to the public’s ever thinning wallets. But the comedy turns dark when the legislature realizes they can redefine taxes as fees.  For instance: define all gasoline tax as a fee and remove the fee.  Now they can raise income tax, sales tax plus a multitude of other taxes and offset it all by the elimination of the gasoline tax.  Thus they have a revenue-neutral tax bill which, in their humble opinion, does not fall under the two-thirds law enacted to prevent them from doing that which they have done.  The tragedy: the gasoline fee was immediately reinstated… and raised.  All of this was done with a straight and earnest face.  Afterall, for the play to succeed the audience must believe.

Great entertainment indeed.  A federal King usurping the power of the legislature and a state legislature usurping the power of the people – that’s quite a bit of power being transferred.  As an ardent fan of the tragic form I am enthralled by the drama of it all, but as a member of the audience I wonder how much power is left to us and suddenly saddened by the tragedy of it all.

Filed under: POLITICAL & ECONOMIC FOLLY , , ,

A Poke (in the eye) From Facebook

You know, they say it isn’t wise – when you visit the Wizard of Oz – to look too closely behind the curtain.  Might not like what you see.  In Australia we were recently treated to a quick look behind Facebook’s curtain and I have to tell you: the king ain’t wearing any clothes!

Seems a nice young couple had bought a house, got upside down, stopped paying their mortgage and were doing everything they could to avoid the process servers and foreclosure coming their way.  Not altogether different from the unfortunate antics of a great many folks over in our neck of the woods.  I doubt many of us condone their behavior, but I find it difficult to root for the mortgage company either.  Sort of like watching a tether ball game between your ex-wife and her attorney: I don’t really care who wins just so long as both sides take one or two in the kisser.  Aaaaanyway, the mortgage company finally won the game.  Want to know how?  They looked this couple up and served them legal documents on Facebook!  (Read the full story here.)

Better yet, the local Supreme Court in Australia ruled that this was an acceptable use of the social networking platform.  Are you surprised?  Shocked?  Maybe even a little outraged?  I should say so.  I’ll bet Facebook was none too happy either.  Imagine the chilling affect this development may have on their social network site.  Let’s listen in:

Facebook spokesman Barry Schnitt praised the ruling.

“We’re pleased to see the Australian court validate Facebook as a reliable, secure and private medium for communication,” he said.

“The ruling is also an interesting indication of the increasing role that Facebook is playing in people’s lives,” Schnitt added.  The company said it believed this was the first time it has been used to serve a foreclosure notice.

I can only guess at the pride they’ll feel when the first paternity suit is served.  Are you kidding me?  I read this and the first thing I did was look up hubris in the dictionary, just to make sure I was using that word correctly in my initial reaction.  Turns out my problem was redundancy.  Webster’s used to define hubris as: “excessive pride or self-confidence.”  Now it simply says: “see Facebook.”  Did he say “… an interesting indication of the increasing role that Facebook is playing in people’s lives?”  Is that anything like reveling in the expanded role the stock market is currently playing in people’s lives?

Sydney University of Technology law professor Michael Fraser:

“It does change the rules of the game because people thought of these as social sites; now they can be used to serve official court documents and it may change the way people establish a presence on the social networks and the way they use them.”

Do you think?  We are told by Rory Ryan, a Baylor Law School associate professor, that U.S. users do not have to worry about being served though the program yet.  Yet?  Oh really?  Have you ever seen the 9th Circuit Court of Appeals in action?  I am here to tell you I have as many problems as the next guy – maybe more.  But do I want my dirty linens cleaned on Facebook?  Do you?

Filed under: BUYERS, INVESTORS, LENDERS, REALTORS, SELLERS, WORLD OF 2.0 , ,

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