Tuesday, September 30, 2014

WANT TO BUY A CHEAP CONDO?

Prior to the foreclosure crisis, if a homeowner fell behind in their condo or homeowner association maintenance payments, the association filed a lien which the unit owner almost always paid, plus interest, late fees and attorney fees, to save their home.  The lien was paid because the owner did not want to lose her home.  After the foreclosure crisis many homeowners saw they were losing their homes, making the failure to pay maintenance less threatening.

It became a trend in community association law that associations began foreclosing liens.  When the association foreclosed the unit still carried the unpaid mortgage.  The associations were in a position where they were not receiving the necessary revenue to maintain the common property and those members who paid were suffering due to the owners who were not, because the payors were footing the bill.

By completing their foreclosure before the bank who held the mortgage the association could take the unit and rent it to pay itself back the money it was owed.

For purposes of example, let us say the condominium is worth $75,000.  The association is owed $15,000.  At the end of the foreclosure the association has a judgment for $15,000.  That is the first bid.

Enter the scammers, companies who find people who have $15,000 cash and tell them they can purchase a $75,000 condo for $15,000 cash, what a bargain!  What did the company leave out?  The fact there is a $250,000 first mortgage sitting on this property, also in foreclosure. 

The result is you have a saver who managed to put together at least $15,000 to buy a home.  She thinks she got a bargain.  The scamming company gets a fee.  The saver moves into her new home and starts fixing it up.  Six months later she realizes she is going to lose her new home to foreclosure.  The scamming company lied to her.


It’s such a bummer to pay a lawyer to tell you that dream you have will not work, but it’s better than saving your money and losing it.  If it sounds too good to be true….

Sunday, September 28, 2014

Adam and Eve in the Garden of Eden

I was at a social gathering.  A discussion began at the table on doctrinal religion, sacraments.  I love religious discussion.  The man seated to my right identified himself as a minister.  He asked my religion.  I told him I was raised a Lutheran, went to Catholic School and am now a member of a Presbyterian church, but I consider myself to be a Bible-reading Christian. 

He said the problem with reading the Bible is it is subject to so much interpretation.  We are not reading it in its original language, nor do we read it in the context of the times.  For example, did I realize the 7 hills referred to in Revelations was Rome?  That made sense, I agreed.  I commented Revelations is difficult prophetic reading.  I have not focused much on it.

What did I focus on?  He asked.  I said let’s start at the beginning, Adam and Eve in the Garden.  I never tire of reading that story.  He said that story comes out of Sumeria.  Have I ever read about Sumeria?  I have not.  He said I should.  I will. 

He asked what I got out of Adam and Eve.  So many things.  Like what?  The tendency of human beings to make self-destructive choices.  The power of free will coupled with the dichotomy of good and evil.  The tendency of humans to fail to obey the direction of God who created and provided for them.  The tendency of humans to blame someone else for their own poor choices.

“That’s not what that story is about.”  He told me.

“What’s it about?”  I asked.

“Sex, it’s about sex.  They found out they were naked and they discovered sex.  That’s what the story is about.”


Men.

Wednesday, September 24, 2014

Installment Debt and the Statute of Limitations

I was asked by a prominent attorney to speak with a first year attorney regarding a landlord/tenant dispute.  We spoke at length.  At the end of the conversation the attorney asked if she could ask me a question about foreclosures.  Certainly.

She wanted to know what I thought about new law that extends the statute of limitations from the date of the last installment payment.  I told her that has always been the case with other installment debt, like credit cards.  For example, let’s say the cardholder stops paying in 2003.  The statute of limitations ran in 2008.  In 2010 the bank sells that debt, which has technically expired, for pennies on the dollar.  A collection agency convinces the debtor to resume payments, like magic, the debt is revived.  The borrower, once again, owes the entire balance.

What do I think of that?  The new attorney asks indignantly.

I explain the laws of this country protect borrowers over lenders.  It is political.

Do I think it’s fair?  She asks.


I don’t have a strong opinion on it.  It just is.  I can’t escalate myself to a point of indignation on that issue.  Want to hear me get indignant?  Ask me what I think about moving children back and forth between different households like a volleyball.

Friday, September 19, 2014

July August Weight Loss Update


Weight Loss Update for July and August, even though I know its September.  I know a lot of my Facebook followers enjoy reading about my 110 pound weight loss journey.  I haven’t posted much about it recently because I was not losing, and that’s tough, psychologically. 

I started our office's 8 week diet contest in July planning to get to my 150 goal by Labor Day.  I was not happy with the July contest because I purposefully did not go on vacation this summer to avoid temptation.  I will never do that again.

I also wanted to power off the last 12 pounds.  I began by eating less.  It didn’t work too well.  A client suggested green juicing.  I tried that, for about a week.  I dropped about 3 pounds.  I also had zero energy.  I did not have the energy necessary to work out. 

In August I started Chris Powell’s carb cycling program and began weight training.  By the end of August I had gained a few pounds.  I measure myself the first of every month.  My hips went down an inch.  This took my hips to exactly the same measurement as my bust, which I view as a perfect hour glass.  But my waist went up an inch, what the heck is that?!

At the end of the 8 week contest I registered a 3 pound loss.  I know I could have done better.   Then I went on vacation.  Of course, my Canadian friends and relatives were thrilled to see me.  Some of them hadn’t seen me in a year, others hadn’t seen me since Christmas.  I looked fantastic to all of them.

Now I’m back.  The office started a new weight loss contest.  I am back to my original South Beach plan that took off the majority of my weight.  My body has a hard time with carbs.  My gym work outs still include strength training. 

Last night my daughter saw me undressed and commented my stomach was looking better.  I asked what that meant.  She said less loose skin.  I looked at it this morning, she is correct. 

I am also rockin’ my new size 8 jeans today.  I had to go into the Bank this morning.  I have been banking at that branch for at least 20 years.  Karlene greeted me with a big smile and told me how great I looked.  Bebe agreed.  I commented it was an amazing gift to walk into the Bank and make everyone smile just by looking at me.  This made most of the Bank employees laugh.  “We are very happy for you.”  One of them told me.  “But not everyone is happy for you.”  Karlene warned.  “I know.”  I told her.  She went on ,“Watch out for those jealous people.” 


And so it goes.  I recognize I set very high goals.  When this office contest ends for me on November 10th that will be slightly more than a year since I started the first one.  May I reach my 150 by its conclusion.

Wednesday, September 17, 2014

Sex and Pot Roast

I don’t know if any of you are going to dispute me on this, but it’s my opinion there are large numbers of men who think about sex ALL the time.  You may also be surprised to know, that in my profession, they share this with me. 

Sometimes it is cute, like when the 90 year man suddenly exclaims during an estate planning visit, “How did a woman as beautiful as you ever get to be a lawyer?”  Beats the hell outta me.

More recently, upon being completely taken back by my weight loss, a long term client asked, “Marian Lindquist, why are you still working?  Why aren’t you letting some rich man take care of you?”  He’s rich.  I don’t think he’d be so happy with some rich woman taking care of him.  Maybe he thinks he would.  It probably depends on the care provided.

Most conversations do not rise to the level of one I had recently.  I was consulting with a man who owns numerous businesses, including restaurants.  We were speaking of the businesses when, out of the blue he states, “I bet you don’t even know how to cook a pot roast.”  I found this to be so inappropriate I ignored it and continued the conversation that came before it.

“You don’t know how to make a pot roast, do you?”  He asked again.

“I do know how to make a pot roast.”

“How would you make a pot roast?”  He asked.

“I would put it in the crock pot before I went to work and when I came home I would have pot roast.” 

“That’s cheating.”  He said.

“See how you are?”  I asked him.  “Do you always seek to find fault?”

He ignored me and asked, “Can you imagine you and I walking on the Riverwalk together?”


“No, I cannot.”  And that was the end of that client.

Tuesday, September 9, 2014

Planes, Emergency Exits and Teenagers

Today we journeyed from Syracuse to Fort Lauderdale.  On the first leg of the journey Lily asked why we sit next to the emergency exit so frequently.  I explain it is a premium aisle.  I paid more for those seats so we could have extra leg room.  Did she not like the seats?  She said her body is small.  She does not need extra leg room.  I told her next time I will buy an extra leg room seat for me, and she can sit in a regular seat somewhere else.  Ok, she agreed. 

The man across the aisle, a lawyer from the US Trustee’s office, laughed.  I asked if he ever had a teenage daughter.  He said he had.  She was 33 now, but he remembered the attitude. 

I told Lily on the next leg of our journey we were in the second row.  We had a 2 hour layover in NYC, which meant we got to eat a lunch in a sit down restaurant.  There were 9 wheelchairs on the next flight.  I told Lily I feared we would not get overhead space for our computer case.  I was correct.  We squished it under the seat in front of us.

It was a full flight.  After the doors closed the flight attendant asked a question of people in the first row.  Then she asked the other side of the second row.  Then she asked me how old Lily was.  16.  She said they needed someone to change seats with the Emergency Exit row because there was an underage child there, would we change?  I asked if we could both go.  Yes.  We agreed, grabbed our stuff and headed down the aisle. 

There was a commotion in the emergency exit aisle.  It was a mother and son.  The son was too young to sit in the emergency exit aisle.  The mother was angry she was being moved.  She said her father died.  She had just purchased those seats for $1,500, which was significantly more than I paid.  She said the seats were the only ones available when she purchased her tickets.  I wanted to tell her Row 2 is better, but she was too agitated. 

She got up to move.  She and her son they had 3 carry-ons.  The flight attendant told the woman there was no room at the front of the plane for all her carry-ons.  They would put one in the back or leave it there for her to retrieve afterwards.  The woman became even more agitated.  She did not back up so Lily and I could take her seat, she started moving forward into us, so we moved forward to the front of the plane where the flight attendant’s station is.  The woman was carrying on about the unfairness of the situation.  Her son was telling the flight attendant he could manage the emergency exit as well as an older person.  The flight attendant assured him that he probably could, but they had rules.

At the front of the plane the woman continued raging, telling the flight attendant the airline was going to hear it from her.  I tried to intervene.  I told her the second row is very nice, couldn’t we figure out some way she could be comfortable there?  She seemed not to hear me.  Then she told the flight attendant she wanted off the plane.  The flight attendant told the pilot.  The pilot said to let her off.  The jet way was put in place.  The door was opened, off she went. 

We got back to our seats.  The other passengers broke out in applause.  I was seated next to a tax lawyer from a big firm.  We shook our heads at what happened.  I said I had tried to talk to her.  “You couldn’t help her.”  He told me.  “You tried.”


The airline gave us all free movies for our trouble.  We had a choice of three Lily said we need to watch “The Fault of the Stars” a tragidrama about teenagers with cancer with an it’s better to have loved and lost than never to have loved at all theme.   What a day.