Doors Floors and More

Cited: AP

On November 22, Wall Street got a boost from improved retail sales, but there is little hope for an enthusiastic holiday shopping season that could actually improve the economic recovery. The room by a surge in car sales, the October figures did exceed economists extra patience. However, because many consumers have a lot of debt and the rising unemployment, economists do not for see significant spending until well after the end of the year. Even optimists predict scant improvement over last year’s holiday season.

Consumer spending accounts for about 70% of total economic activity, so wary shoppers are a worrisome sign for retailers entering the crucial holiday season.

“U.S. consumers are no longer panicked, but they remain cautious,” said Mark Zandi, chief economist at Moody’s Economy.com. “They are spending just enough to keep the economy out of recession, but not enough to fuel a self-sustained expansion.”

Retail sales rose 1.4% last month, the Commerce Department said. But excluding a big rebound in auto sales, the gain was just 0.2%. Strength at general merchandise stores like Wal-Mart and Target was offset by sales declines at furniture stores, appliance stores and hardware stores.

Zandi said one telling statistic about household finances was that the number of bank credit cards in circulation has fallen 18% since the year began. That’s happened as banks facing soaring loan losses have tightened credit standards.

Consumer credit has now fallen for a record 8 straight months through September and households are struggling to manage their debt levels after the most severe recession since the 1930s.

Federal Reserve Chairman Ben Bernanke warned Monday of “important headwinds,” such as the weak job market and tight credit conditions. These forces “likely will prevent the expansion from being as robust as we would hope,” he told the Economic Club of New York.

On Wall Street, major stock indexes rose more than 1 percent to new 13-month highs after the retail sales figures were released. The Dow Jones industrial average jumped 136 points to 10,406 and the Standard & Poor’s 500 index closed above the 1,100 mark for the first time in more than a year.

The overall economy, as measured by the gross domestic product, resumed growing in the July-September quarter at what the government estimated was an annual rate of 3.5%. That was a sharp rebound after a record four straight declines in GDP.

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Analysts noted that the retail sales report Monday included a sharp downward revision to sales in September. The government also reported last week that the nation’s trade deficit rose in September by the largest percentage in a decade. As a result, third-quarter GDP is expected to drop to a more modest 2.8% growth rate when the government releases a revised estimate next week.

Growth for the current quarter is expected to be around 3%. But, analysts said, growth in the first half of next year could slow to around half that pace as consumer spending falters and government stimulus programs begin to wane.

Growth at such a weak rate would raise the threat of a possible double-dip recession. That’s especially true with unemployment, now at a 26-year high of 10.2% and expected to keep rising into next year.

“It seems unlikely that households will be able to spend more freely anytime soon,” said Paul Dales, U.S. economist at Capital Economics.

Retailers last week gave muted holiday outlooks as they reported third-quarter earnings. Wal-Mart Stores Inc. and Kohl’s Corp. both said they plan to discount aggressively. J.C. Penney said it expects sales for the quarter that includes the holidays to fall.

According to a Gallup poll released Monday, Americans expect to spend $638 on Christmas gifts, equal to record-lows from November and December of 2008.

Michael P. Niemira, chief economist at the International Council of Shopping Centers, expects overall holiday sales will rise about 1% from last year, a historically weak performance.

The big swing in overall retail sales activity reflected a recent roller coaster ride for auto sales. New-car sales surged in August as shoppers rushed to take advantage of the government’s Cash for Clunkers sales incentives, which expired at the end of August. Sales then plunged in September.

For October, auto sales jumped 7.4%, recouping about half of the 14.3% drop in September. The 0.2% increase in retail sales, excluding autos, was down from a 0.4% rise in September. It was the weakest showing since July.

Bernanke stated that banks dealing with the wreckage of the recession and bad real estate loans could slow progress in an effort to get credit flowing more freely when commenting on the economic outlook. The fact is that credit difficulties will hinder businesses who wish to expand and hire.

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My Take: I have been reading many articles about the recession. Most of those articles are very depressing. Whatever happened to hope? Why don’t some people write articles about increasing sales even if their miniscule. Inspiring people to look to the future with hope just might help the recession along a little bit more. Otherwise, were going to see something like what happened when the Great Depression started. People jumping out of skyscrapers because they cannot face what is happening.

That means that people will be spending money on funeral services and urns instead of buying Christmas presents. It is bad enough to have to buy pet urns when you lose a pet, but it is even worse when you have to buy one or family member. I, for one, do not want to think of how bad the economy is, I would rather think about how good it is getting!

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Cited: Real Estate Rama

A national crackdown against foreclosure rescue and mortgage modification operations by the Federal Trade Commission, the US Department of Justice and the Attorney General’s of 26 other contraries was joined by Attorney General Janet Mills last month. Many companies have been preying on people who are desperate to keep their homes out a foreclosure.

The Maine Attorney General has filed three separate lawsuits in Kennebec County Superior Court against three out-of-state businesses and their principals. The defendants are: Elect Group, LLC, Anthony Ferlanti and Emmanuele Zuccarelli (Florida); Help Modify Now Debt Solutions, Inc., Help Modify Now, Inc. and Chas Bain (California and Nevada); and US Advocate Law Group, P.C. and Jeff Nemerofsky (California). These lawsuits allege that the defendants used deceptive and unfair practices in marketing so-called “debt settlement” services, in the form of foreclosure rescues and mortgage modifications, and that they failed to register as debt management services under Maine law. The suits seek the recovery of fees paid by Maine consumers to these defendants, as well as civil penalties and costs.

“A person’s home is not just their largest financial asset; it is the bedrock of their family, their anchor in the community, their children’s future and their legacy. These foreclosure rescue schemes take advantage of people threatened with foreclosure by demanding large upfront fees and doing little or nothing in return,” said Attorney General Mills.

“I am pleased to join a national effort to protect homeowners from unfair and deceptive practices. Maine homeowners need to know that there is legitimate help for those concerned about foreclosure. I encourage Maine consumers to talk to Maine registered non-profit counselors and to avoid paying fees to any entity without checking the state’s registry. Many times a homeowner can negotiate on their own without paying any fees to a debt management company. The money spent on these ‘debt solution’ services is better spent on paying down debt and negotiating with banks and other creditors,” Mills stated.

The three lawsuits follow investigations conducted by staff in the Attorney General’s Office and at the Bureau of Consumer Credit Protection within Maine’s Department of Professional and Financial Regulation, which licenses debt management service providers.

The defendants allegedly charged Maine consumers more for their debt settlement services than allowed for by Maine law. The State alleges that the defendants’ illegally high upfront charges ranged from $1,000.00 to $4,300.00. Maine law prohibits debt management service providers from charging more than a $75 set-up fee and for charging more than 15% of the amount by which the consumer’s debt is reduced as part of each settlement. The State also alleges that the defendants misrepresented the benefits of their programs to consumers and refused to provide refunds when consumers asked for them after the defendants failed to prevent foreclosure. As a result, many Maine consumers found themselves in more dire financial straits than they were before they engaged the defendants. .

Maine’s Debt Management Services Act requires that providers of debt management services register with the Superintendent of the Bureau of Consumer Credit Protection and obtain a $50,000 surety bond for the protection of consumers. The defendants named in the recent lawsuits have never registered nor have they procured the required surety bond.

Superintendent Will Lund of the Bureau of Consumer Credit Protection stated that his agency has filed Cease & Desist Orders against 19 separate unlicensed debt management providers in the past 6 months, and that his staff has recovered more than $25,000 in restitution for Maine consumers during that time.

Lund cautions consumers who are considering hiring a debt management provider to review the roster of registered companies found on the agency’s website, www.Credit.Maine.gov, or to contact the Bureau at 1-800-332-8529 (1-800-DEBT-LAW) to make sure that the provider is properly registered.

“We hear every week from consumers who have found unlicensed companies on the Internet and who have sent funds to those companies without receiving any benefit,” Superintendent Lund commented. “We will continue to work with the Attorney General and other partners to stop violations of laws and to protect the public,” he said.

Homeowners are facing foreclosure should know they have a right to mediate with their lenders during the court proceedings and AG Mills and Superintendent Lund advise them to do so. Mediation is nothing more than an informal opportunity to resolve a foreclosure problem under the guidance of a court-approved mediator and homeowners should not hesitate to ask for it if they need it.

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My Take: The government should have known that when foreclosures began this type of situation would eventually arise. Homeowners should contact an attorney if they think they have a problem like this. An attorney can provide litigation support services CA, Chicago or New York as well as advice. In fact, during the mediation process a New York, Portland or Los Angeles court reporter will be present to keep track of what is said and agreed to.

The worst thing that has happened because of all the foreclosures is a rising divorce rates. The stress and frustration of losing a home has caused many people to contact the New Jersey divorce attorney or even a divorce lawyer. Then, of course, if they have children they probably need a NY visitation lawyer or they just contact family lawyers.

I think it is such a shame that companies take advantage of these families just to make an extra buck. It is bad enough that so many of them lose their homes and their families because of this recession. Even the great state of Texas is not immune. Texas divorce lawyers are making a mint off of the stress and frustration the recession is causing. Maybe Austin personal injury lawyers could sue the companies because their actions caused personal injury of a nonphysical manner. That would be funny!

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Lawyers Who Care

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Cited: Associated Press

As Cyber Monday comes and goes, the unofficial start of the Internet holiday shopping season begins, a Senate committee on November 23 condemned three online companies for tricking consumers into signing for services they do not really want. The Internet companies spoke of our Affinion, Vertrue and Webloyalty. There aggressive sales tactics apparently are scam millions of customers according to the Senate Commerce Committee. The report also stated that the three companies enter into agreements with other more familiar Internet shopping sites that sell movie tickets, flowers and other items.

Just before a customer completes the sales confirmation process the customer gets an offer that often promises $10 cash back or other rewards, and appears to be connected to the shopper’s original transaction.

When the shopper clicks “continue,” or “yes,” the shopper — often without knowing — enters into a new financial contract with a membership club operated by Affinion, Vertrue or Webloyalty, the report said. The shopper’s credit card information is sent to the membership club company, which charges monthly fees, by the shopping site the shopper originally visited.

Legal, but not right, senator says “Beware if you’re a consumer,” said the committee’s chairman, Sen. Jay Rockefeller, D-W.Va. “I worry about this because the holiday shopping season is just beginning.” He added that while the companies insist they are not breaking any laws, “just because what you say you do is legal doesn’t make it right.”

While the day after Thanksgiving is known as Black Friday, historically the point when retailers start to turn a profit, the following Monday has become known as Cyber Monday because it’s the day when many shoppers begin trolling the Internet for bargains from computers at work or home.

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The three Internet companies said in statements that they have put additional safeguards into effect, including clearer disclosure statements and new requirements that customers must enter the last four digits of their credit card number to formalize the subscription purchase.

“We only want members in our programs who want to be members so they can take advantage of the opportunity to save hundreds of dollars a year, and even a few complaints is too many,” Webloyalty said in an e-mail statement.

Consumers testify

Consumers, however, had their own stories to tell. Linda Lindquist of Sussex, Wis., told the committee that she went online to buy movie tickets and clicked on a coupon that said “Get $10 off your next purchase.” She said she thought it was a legitimate offer from the movietickets.com Web site she had just bought the movie passes from.

A few months later, she said, she realized she had been billed more than $300 for “Reservation Rewards” and “Shoppers Discounts” — two subscription services she didn’t knowingly sign up for. She complained, and was later told by movietickets.com that she would get a full refund.

“I am a college-educated person who is online every day,” she told the committee. “I have seen many scams and offers on the Internet and have only been lured in by one, this one, due to the fact that the scam was associated with a reputable Web site and required just one click.”

The investigation began in May by the committee that investigated the use of aggressive sales tactics over the Internet. The report also stated that over 450 e-commerce companies have been partnering with these same three companies for the past 10 years.

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My Take: I know exactly what this is about. Many times I have purchased something over the Internet and after I have completed the purchase the receipt appears on a webpage. Right below the total is a button that says “continue”. Right above it, it says “to get $10 back in cash click here”. I only did that once. A few days later I was on the phone arguing that I did not want what was charged on my credit card. I won!

The problem is that in the process of purchasing something on the Internet, you have to confirm your order and then the receipt appears with this “continue” giving the impression that to finish your order you need to click on the word “continue”. It makes no difference what you are purchasing, whether it is office supplies or toys.

I could understand it more if you are purchasing thousands of dollars in office furniture workstations being offered $10 back to another offer. But duping people when they purchase $10 or $15 worth of merchandise is a little bit ridiculous.

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Cited: Reality Times

 

A forecast that was put out recently included some important observations on housing but did not get the attention it deserved by Federal Reserve chairman Ben Bernanke.  He spoke to the economic club of New York describing well-known problems standing in the way of economic growth.  In particular the double digit unemployment and consumer confidence that is shaky week-by-week at best.

 

But buried away in his speech he said: Housing in the coming year is going to be a relative bright spot - a helpful driver of national economic growth, rather than the wet blanket it’s been for the past couple of years.

 

Think about that: Home sales and new home construction, at least according to the Fed, are likely to stimulate the economy in 2010 — enough to generate jobs and help avoid a double-dip recession.

 

That forecast just happens to track nicely with another that came out last week: Fannie Mae issued its projections for the coming year — and predicted that housing sales will jump by 11 percent — even in the face of a slow recovery for the economy as a whole.  Meanwhile, scattered reports from hard-hit local real estate markets suggest that there may be some reasons for guarded optimism.

 

For example, research firm MDA DataQuick’s latest report on sales and prices in southern California, including the counties of Los Angeles, Riverside, San Diego, Ventura, San Bernadino and Orange, found that October sales were up nearly three percent over September, and that prices are rebounding as well.

 

October sales in San Bernadino were 11% higher than September. In Ventura, they were up nearly 10%. Median prices for the six counties were up almost 2% for the month, but were still 6.7% below where they had been in October of 2008.  Now, as is almost always the case, not all the news is on the up side. New home starts dropped by a surprisingly large, seasonally-adjusted 10.6%, according to the U.S. Commerce Department.

 

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A lot of the decline came in multifamily housing apartment starts — a volatile month by month index — which plummeted by 35%. But there’s no sugar coating here: starts of single family homes dropped by 6.8%, which was enough of a negative to spook Wall Street.

 

The magic potion for home buyers this week is mortgage rates that are dropping again further into the upper 4% range.  Fixed rate 30 year loans have averaged 4.8% and the popular 15 year loans averaged just 4.3% according to the Mortgage Bankers Association.  This was thrown into the mix at the end of November, no wonder Wall Street a spooked.

 

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My Take:  I think I can understand why housing would stimulate the economy, it would make more jobs available to people.  More jobs means paychecks and that means people can afford to purchase homes.  By building more homes, they create jobs.  Workers would be needed to install granite kitchen counters, plumbing, electrical, etc.

 

Of course, more housing in Bethesda would mean that they would need Maryland house cleaning services, which would also create more jobs in the cleaning industry.  Of course those services would have to make sure that they knew how to clean granite slabs properly.  I am sure that they would know how to do it.  One thing is definitely for sure that maid services MD are always needed as they are everywhere.

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A fall in the economic gauge is a reminder to people that the recession recovery is going to be patchy even though sales of previously owned US homes jumped last month to their highest level in more than 2-1/2 years.

Sales of existing home sales surged a record 10.1% month-over-month in October, the National Association of Realtors (NAR) said November 23, as buyers rushed to take advantage of a popular tax credit for first-time buyers that had been scheduled to end this month.

“Although the data are biased higher from policy measures, we do believe this sharp gain signals pent-up demand and a willingness to purchase homes, which is a good sign for the sustainability of the housing recovery,” said Michelle Meyer, an economist at Barclays Capital in New York.

The housing numbers, which easily topped market expectations, helped drive up stocks, but a decline in the Federal Reserve Bank of Chicago’s index of national economic activity offered a somewhat more sobering picture.

The White House said on Monday it was reviewing options to spur economic activity and job creation, but stressed any action would be taken in the context of the fiscal challenges facing the country.

Sales of existing home sales surged in October to an annual rate of 6.10 million units, the NAR reported, beating market expectations for a 5.70 million-unit pace and above September’s 5.54 million-unit rate. The housing market is slowly mending after a three-year decline, which helped tip the U.S. economy into its worst recession in seven decades.

U.S. stocks snapped a three-day losing streak on the housing data, which eclipsed the report from the Federal Reserve Bank of Chicago showing its National Activity Index, a measure of the economy, slid to -1.08 from -1.01 in September.

The blue chip Dow Jones industrial average index hit a 13-month high before closing up 1.29%. The Chicago Fed’s National Activity Index’s three-month moving average decreased to -0.91 in October from -0.67 in September, declining for the first time in 2009.

For those who are looking to rent or own their own home . . . There are beautiful homes for rent and rent-to-own throughout the Twin Cities area, Minneapolis and St. Paul suburbs and across Minnesota. Just check with a property management company Louisville MN to find out more information about homes for rent Maple Grove MN. There are also many Houston properties available in Texas.

According to the Chicago Fed, a move below -0.70 in the three-month moving average following a period of economic expansion indicates an increasing likelihood a recession has begun.

This development will likely feed into fears the economic recovery that started in the third quarter may lose some momentum once government stimulus wanes, given the high unemployment that is crimping consumer spending.

Analysts are cautiously hoping a sustained housing market recovery will help improve the psychology of households, which has been shaken by an unemployment rate of 10.2%, the highest in 26-1/2 years.

EXISTING HOME SALES BOTTOMED

The NAR said its data, which showed broad-based gains in the largest segment of the housing market, was proof that the decline in purchases of existing homes had bottomed.

“Home prices are almost there. We are seeing less of a decline in house values,” said Lawrence Yun, NAR’s chief economist. He said the Realtors group expected strong sales for November, related to the federal tax credit. Analysts, however, cautioned of some slowdown in the sales pace, citing a drop to 12-year lows in demand for home loans during the week ended November 13.

Distressed transactions accounted for 30 percent of sales last month and continued to weigh on home prices. First-time buyers made up a third of sales in October. A separate survey based on actual home sales showed first-time home owners accounted for 47 percent of sales last month.

The national median home price fell 7.1% from October last year, the smallest decline in over a year, to $173,100. Homes in foreclosure typically sell for 15% to 20% less than other homes. Housing is healing and construction activity added to growth in the third quarter for the first time since 2005.

Recovery is being supported by the $8,000 tax credit for first-time buyers, low mortgage rates and falling house prices. The government this month extended the home buyers’ incentive into next year and added a $6,500 credit for home owners buying a new residence. It had been due to expire on November 30.

Purchases by the U.S. Federal Reserve of mortgage-related assets have helped to push home loans down, boosting the affordability of house and aiding the sector’s recovery.

On Sunday, the president of the St. Louis Federal Reserve Bank, James Bullard, said the U.S. central bank should keep its mortgage-related asset purchase program beyond a scheduled expiration in March. The Fed, which cut interest rates to near zero last December, has committed to keep borrowing costs ultra low for an extended period of time.

In October, sales of single-family homes — the biggest segment of the market — rose 9.7%, while condominium and co-ops increased 13.2%. Sales were up in all four regions of the country. Prices rose in the Midwest, which had not seen the same boom as the rest of the country.

Prices declined in the other three regions. The rise in the Midwest was the first gain in any region since November 2008.

According to the NAR, in October, the supply of existing homes for sale fell to 3.5 7 million units from the previous month. At October’s sales pace, the supply equaled seven months of sales, the lowest in 2-1/2 years and down from September’s eight months. To strike a balance between buyers and sellers, analysts say that the inventory of homes on the market must fall below six months’ supply.

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My Take: I really do not know how many homes are available on the market anywhere. This means that I have to take the word of realtors. If you look on the Internet, you will find Grandview NY properties for sale right alongside foreclosures. It is difficult to understand how the sale of a home can have anything to do with recovery from the recession.

With so many foreclosures up for sale, all I see is how many people who cannot afford to pay their mortgage. I do know that mortgage refinancing is increasing. In fact, if you check with property management companies anywhere in the country you will find homes for sale and rent. In fact, I have seen Palisades real estate and Houston real estate advertised for sale.

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Cited: Associated Press

It seems that retail sales and clothing fell in November, but online sales came back with a boom. It seems that the strategic discounting that retailers are using our luring shoppers back. Retail sales did show signs of improvement in early fall, but clothing and luxury items weakened a bit the first half of November in comparison to year ago when shoppers were lured in by massive amounts of discounts.

Electronics sales have grown solidly this month, however, compared with the first half of November last year, when stores didn’t discount electronics as much. And online sales, where growth had slowed this year, are roaring back.

“It was a little bit softer,” said Michael McNamara, vice president at SpendingPulse, referring to the weak apparel and luxury figures. He cautioned against comparing the first half of November this year and last very closely.

“When you think about the discounts last year, they were broad-based emergency discounting.” Last year’s discounts encouraged consumers to spend more early in the holiday shopping season than this year’s more restrained — though ubiquitous — promotions.

“While there are some great deals, retailers are in a much better position and are more strategic with their discounting,” McNamara added.

SpendingPulse found that sales of women’s clothing fell 3.3%; sales at department stores fell 7.1%; footwear sales slipped 1.5%; and men’s apparel sales dipped 1% for the period from Nov. 1 to Nov. 14.

Overall apparel sales rose in October after many months of declines starting in July 2008. Luxury sales, which rose in September and October, had shown declines since August 2008. Online sales, where the figures haven’t shown a monthly decline since the recession started in late 2007, did taper in the spring.

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But e-commerce is enjoying a rebound now, with sales up 19.4% the first half of the month. Online sales rose 5.2% in July, 12% in August, 15% in September and 18.7% in October, McNamara said. McNamara said this year’s rising gas prices have helped online sales because shopping online lets consumers drive less.

Electronics sales rose 6.1% the first two weeks of this month, helped in part by coupons and other enticements that retailers like Best Buy Stores Inc. offered to boost sales. Electronics sales rose 5% in September and I.2% in October, compared with a year earlier, McNamara said.

Major department stores like Wal-Mart stores Inc., Sears Roebuck & Co. and Toys “R” Us already are utilizing deep discounts that are usually reserved for the day after Thanksgiving, Black Friday, when holiday shopping usually begins in earnest. In fact, many retailers began advertising in earnest for holiday spending early this year.

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My Take: It is only logical that online sales rise; they do not have any other way to go. There are a lot of clothing stores but not advertise on the Internet because that is where most people look for sales. In the article is correct in that people are looking for ways to avoid using gas because it’s too expensive. That leaves Internet shopping.

You can go online and find pop culture T shirts for the same price if not cheaper than in-store shopping. In fact some of those same T-shirt retailers offer custom T shirt designs that you cannot get in-store. The only problem with buying clothing online is if you get the wrong side so unique and make sure you do get the right size.

Buying clothes online is not like buying sports tickets online. Clothing, like sexy costumes, can be difficult to return if there is something wrong. The main thing is that you have to pay for the shipping and handling to return. However, you can get the R & B tickets online and it is the best way to purchase them to avoid long lines. Clothing like Halloween costumes will probably be cheaper after Halloween.

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Schools Can Go Green

Educators can now show students firsthand what it means to go green on an everyday basis with eco-friendly school supplies and classroom furniture such as kids desks. For a student, going green may be nothing more than tossing it soda pop can enjoy recycling bin or driving a hybrid car. Now, you can show them going green is more recycling furniture like the school bulletin boards. Most students do not realize that the glue, dust and other materials in school furniture can emit particles that pollute the air you breathe. Send your old desks and school supplies to recycling plant instead of creating more waste and pollution.

Cited: Reality Times

A class-action suit that was filed by a Texas homeowner in Los Angeles recently that alleges three companies conspired to rig housing prices in Texas and Colorado that cost home buyers millions of dollars and provided dangerous loans to homeowners. The lawsuit charges that a national price inflation scheme was developed by KB Home, Countrywide Financial and LandSafe Appraisal Services to defraud consumers.

The suit, filed yesterday in U.S. District Court in Los Angeles, claims the three companies employed a well-planned scheme to control the typically independent appraisal process, jacking up home values, which, in turn, were used to determine the value of other homes sold by KB, affecting thousands of homeowners.

The suit claims KB Home targeted homeowners throughout Texas and Colorado with the scheme. The complaint states between 2006 and 2008 more than 19,000 homes were delivered to the area. At an average price of $167,533 a home, and conservatively assuming an average inflated appraisal of $20,000 per home, that amounts to almost $300 million in inflated contract prices, the suit states.

The homebuilder has a significant presence in Texas with 17 communities in the Austin area, 10 communities in the Dallas area, 16 communities around San Antonio and 24 communities in Houston, the suit states.

This is the fourth lawsuit Hagens Berman Sobol Shapiro (HBSS) has filed against KB Home, Countrywide and LandSafe alleging a national inflation scheme to defraud consumers. The other lawsuits represent homeowners in California, Arizona, Nevada, Florida, North Carolina and South Carolina.

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“The lawsuit representing Texas and Colorado homeowners mirrors the others suits we’ve filed across the country,” said Steve Berman, managing partner at Hagens Berman Sobol Shapiro. “These three created a systemic and tightly controlled process to inflate home values and home sales with no regard for the homeowners or the dangerous loans the companies pushed on unsuspecting purchasers.” According to the complaint, Countrywide funneled all its KB customers’ home appraisals to a single person at LandSafe, an appraisal subsidiary of Countrywide, who in turn would deliver an appraisal value at whatever KB and Countrywide ordered.

The named plaintiff, Alice Stacy, purchased her home in 2006, and initially signed a purchase agreement for $150,484. An initial appraisal submitted to Countrywide-KB mistakenly put the home’s value at $142,000 - this included a $14,000 sales incentive and rolled in the closing costs of the home that totaled $5,516, the suit states.

The appraiser mistakenly thought KB wanted to sell the home at $142,000, a number too low to support the loans KB and Countrywide decided to foist on Stacy. It was also too low to support the sales pitch KB delivered to Stacy, claiming the home’s value was $150,500.

The plaintiff obtained a report of the lower appraisal, contacted KB and demanded a lower contract price, and the company told her the appraisal was a mistake. KB insisted the house was in fact worth $150,500 and they would fix it, the suit states.

A few days later, the same appraiser submitted a revised appraisal showing an increased value on the home, exactly the level that KB promised Stacy.

“With this case, Alice called KB out and pretty much caught them red handed inflating values after the appraiser mistakenly issued the lower report,” said Berman. “The correction and inflation of the value speaks volumes to the practices we’ve alleged in all our complaint, that KB’s demanding specific home values and LandSafe is delivering without question.” The lawsuit lists several claims against the defendants including violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), violation of California unfair competition law and unjust enrichment.

This information could help you if you or someone who used Countrywide or LandSafe to finance a home through KB home in Texas or Colorado. Homeowners that in this scenario are urged to contact the attorneys by visiting www.hbsslaw.com/kbhomes, by e-mailing or calling 206-623-7292 as soon as possible.

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My Take: Wow, I guess people will do just about anything to make more money. Is not fraud a criminal act? How come a lawsuit is the only legal action being taken? It seems someone should be contacting Monmouth County criminal attorneys! I am sure that at least a Monmouth County criminal defense lawyer should be needed by at least one of those three companies. At least they will not be contacting a New Jersey child molestation law firm.

It is only logical that somebody planned this little scheme in that portion should go to jail for fraud at least. It is not like getting Freehold reckless driving attorneys for traffic violations. To me, this is a lot more serious. Do not get me wrong, if you drink and drive you are going to need Red Bank NJ DUI attorney, but when you mess with somebody’s home and livelihood that is a different story.

The average person works too hard to be able to afford a home to have to worry about whether the builder, financer and/or appraiser are trying to screw them over. In fact, it is difficult for me to believe that Bank of America is even involved. However, the financing company is a branch of Bank of America. I have a feeling that Bank of America is going to be doing some housecleaning of their own.

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A Canadian Lawyer

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Cited: CNNMoney.com

A 51 months prison sentence has been imposed on a man who claims to be the “Godfather of Spam” by a federal judge in Detroit. He had the lead role in an e-mail stock scam scheme according to the court documents. Alan Ralsky and the others involved in the Internet stock scam received more than or years in prison told. Alan Ralsky, 64, also faces 5 years probation and will have to forfeit $250,000 that was seized by the government in 2007.

U.S. District Judge Marianne Battani also sentenced three others on November 22 for their involvement in the scheme, including Ralsky’s son-in-law Scott Bradley, 48, who received 40 months in prison and 5 years probation.

Ralsky and Bradley were charged for conspiring to commit wire and mail fraud and violating the CAN-SPAM Act, which criminalizes large, commercial e-mail messages sent using an unauthorized computer or with the intent to hide the e-mail’s original source, according to the office of the U.S. Attorney for the Eastern District of Michigan. They were also charged with committing wire fraud and engaging in money laundering.

Ralsky and Bradley, both of West Bloomfield, Mich., pleaded guilty to the charges in June. Ralsky’s history as a prolific spammer dates back to 1997. Before the Bush administration passed a law to crack down on e-mail marketers in 2003, Ralsky reportedly sent 70 million messages a day from fake names.

In the operation that began in January 2004, the team sent billions of illegal e-mail advertisements to inflate the price of Chinese penny stocks and then reaped the profit, according to the prosecutor’s office. They raked in nearly $3 million during the summer of 2005.

The prosecution said Ralsky worked with How Wai John Hui, a resident of Hong Kong and Canada, to run the operation. Hui was also sentenced to 51 months in prison and 3 years of probation, and he agreed to forfeit $500,000. Hui was the CEO of China World Trade and served as the lead dealmaker representing companies whose stocks were being promoted in the spam e-mails. Hui plead guilty in December 2008. John Bown, 45, of Fresno, Calif., was sentenced to 32 months in prison for his role in the scheme. He will face 3 years of probation and will forfeit $120,000.

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“With today’s sentence of the self-proclaimed ‘Godfather of Spam,’ Alan Ralsky, and three others who played central roles in a complicated stock spam pump-and-dump scheme, the court has made it clear that advancing fraud through the abuse of the Internet will lead to several years in prison,” said U.S. Attorney Terrence Berg, in a statement November 22.

Though the government originally recommended that Ralsky receive up to 87 months in prison, it lowered the sentence recommendation range in November to between 35 and 43 months because of Ralsky’s cooperation. Ralsky’s lawyer, Steven Fishman, said he believed the sentence was “excessive.”

“It was the most disappointing event that I have ever experienced in 36 years as a lawyer,” Fishman said. “The sentence was higher than even what the government recommended, and I never imagined that in a million years. Everyone in the court house was stunned.”

This case involved a three year investigation by the FBI who indicted 11 people in December 2007 four the elaborate stock scheme. In addition, five others pleaded guilty and will be getting their sentence on December 1. As of the publication of this article, there are still two additional individuals that were indicted waiting for their sentencing.

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My Take: It is about time the government started cracking down on spammers! Now spammers will need to make sure they keep a Denver criminal lawyer on retainer, which just might slow them down a little bit. If they do not get a criminal lawyer Denver CO, they better get one from someplace because they are pointed needed. One thing is for sure, they will never need an injury attorney Colorado!

One thing is for sure, the FBI had two of used forensics to get the evidence. Most forensic services offer the services of a forensic pathologist, which is more on the medical side. However, some of these medical legal consultants also provide computer forensics, which is a search for electronic evidence. I remember one thing for my computer programming class and that is that the computer never completely erases anything, unless you format the drive.

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Cited: Associated Press

On November 22, bomb explosions led police to arsenal at ex-doctor’s apartment where they found 35 bombs that were unexploded according to police. The police also discovered an assortment of firearms and ammunition in the former doctor’s apartment after two explosions rocked the building. Authorities stated they did not know why he had the weapons or whether he planned to use them after they were discovered on the 22nd.

Mark Campano, 56, was charged Wednesday with one count of unlawful possession of a pipe bomb, according to assistant U.S. Attorney Bill Edwards. Campano appeared before U.S. Magistrate Judge Benita Pearson, waived a preliminary hearing and was held on the charge by federal marshals. The charge carries a possible penalty of 10 years in prison, Edwards said.

Donald Hicks, the attorney appointed to represent Campano, said after the court hearing that it was too early to comment on the case. Earlier in the day, FBI agents dressed in head-to-toe white protective hazardous materials coveralls and plastic gloves carried bags of materials out of Campano’s apartment. It wasn’t clear what they took from the ground-floor apartment, which sits next to a park in a residential area in this city about 20 miles southeast of Cleveland.

Apartment Complex Shaken

The explosions that shook the apartment complex the evening of November 22 “sounded like someone hit the window as hard as you could once and it reverberated throughout the building,” said Rob Clancy, 27, who lives upstairs and two doors down from the blast scene. “It happened twice about 35 seconds apart.”

Campano told an officer that he was attempting to load shotgun shells when one blew up in his hands, according to a police report. He was taken to an Akron hospital with severe injuries to his left hand and arm and taken into custody after he was released from the hospital Wednesday.

Handguns were strewn about the apartment, police said, and one gun had a silencer and a pistol was found in Campano’s car, the police report said. A large amount of elements used to make various types of weaponry were also taken from the apartment, according to the report. Police also found chemicals used to make drugs in the apartment, Sgt. Gary Merton Jr. said.

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Lost His License

Citing a history of drug dependency, the Medical Board of Ohio removed Campano’s license in 2006. The board said in its decision that his continued practice of medicine would be a danger of immediate and serious harm to the public.

Campano has a history of substance abuse dating to 1987, according to state medical board records. He completed a drug treatment program in the late 1980s, records showed. He moved to West Virginia and practiced medicine there until he gave up his license in 1993 when he had a relapse involving drugs and alcohol. Campano sought treatment again and was diagnosed with major depression, alcohol dependency, and drug abuse, records show.

He returned to Ohio and was allowed to practice medicine in 1995 under probationary terms that included random drug tests. He also was required to continue meeting with a psychiatrist. Campano sought treatment for chemical dependence in 2005 and admitted that he had been self-prescribing a high blood pressure medicine for six years, according to state medical records. The medical board then moved to permanently revoke his license.

The 30 unit apartment complex was evacuated after the explosions to ensure safety of the tenants. According to a neighbor, Robert Cogdeill, 45, that has lived across the street from the complex’s whole life, the apartment complex attracts a lot of police attention.

“It’s always been a problem. There’s always police activity there, cars running in and out,” he said.

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My Take: I do not understand something. If he was so un-balanced, why did they keep giving him his medical license back? Why was he not in a mental institution? Are you going to try to tell me that they could not see he had big problems? On the other hand, if the apartment complex had so much police activity around it, why did not management or the owners provide something similar to Sacramento CA unarmed security guard to protect the tenants.

I am sure that they have security guards just like they have California security guards. A security guard might have noticed this guy’s activities and been able to prevent the explosions. I am sure that the owners are going to regret not doing anything when they get contacted by NC personal injury lawyers. If they do get sued for injuries resulting from the explosions, they just might be contacting NC bankruptcy lawyers.

The question I would like to rest the medical board is simply, why are you so easy on doctors? I would not want a Pensacola FL hair transplant surgeon working on me who was higher than a kite on drugs. I could just imagine where the hair would end up! I am sure that many people have heard horror stories about Panama City Florida breast implants that went wrong for any number reasons other than the doctor being on drugs. But if the doctor will were on drugs, just imagine how it would look.

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Cited: Wall Street Journal

It seems that consumers are being a little bit more cautious this holiday shopping season. They are doing more price comparison than impulse buying. This seems to be evident from the trends suggesting electronics sales will be more solid than apparel, particularly women’s styles. Women’s apparel sales just might plummet the season.

Spurred by the release of a hot videogame and earlier-than-usual promotions on televisions, U.S. shoppers spent 6.1% more on electronics in the first half of November the month, through Nov. 14, than a year ago, according to a recent analysis from MasterCard SpendingPulse, a unit of MasterCard Advisors.

The new data, based on MasterCard SpendingPulse data, which reflect estimates on all payment forms, including cash and checks, comes days before Thanksgiving, the traditional kickoff to the holiday selling season, when consumers traditionally spend several hundred billion of dollars. Retailers count on holiday sales for as much as 40% of their annual sales and half their annual profits.

In contrast with electronics, women’s apparel sales fell 3.3% in the first half of November. Sales in the category have fallen for more than a year, with nine months of double-digit declines from the year-earlier period since October 2008, according to SpendingPulse. Spending on luxury goods showed the largest drop, with a 9.2% year-to-year decline, after posting an increase in October, MasterCard SpendingPulse said.

Overall, U.S. households are expected to spend about 7% less on gifts this season, shelling out an average of $390, according to a report released November 22 by the Conference Board. This year, 39% of households are planning to spend less than $200, up from 35%. The Conference Board survey covers a sample of 5,000 U.S. households.

Sales of electronics in the preseason were aided by the hottest videogame of the season, Call of Duty: Modern Warfare 2. The game came out early this month and shattered records, likely boosting sales for the category overall. Call of Duty made $550 million in its first five days of release, according to developer Activision Blizzard Inc., which said that was an entertainment industry record. The results surpassed all videogame, movie box office and book sales records for five days after release.

For those who are having something very exciting happened in their lives this holiday season . . . You can make that special moment in your life truly unforgettable with personalized birth announcements. One retailer designs one-of-a-kind announcements, invitations and thank you cards as well as birthday party invitations and marriage announcements. You can document the beginning of your family’s journey within engagement, marriage or birth announcement. This vendor can turn your candid snapshots into a work of art and give your friends and family more than just cherished memory to hold onto for years to come.

In addition, retailers such as Best Buy Co., Wal-Mart Stores Inc. and Amazon.com Inc. have begun earlier-than-usual promotions on TVs and videogames. And many people are buying laptops and netbooks loaded with Microsoft Corp.’s new Windows 7 operating system.

Preseason Internet sales of a range of merchandise were up 19.4% over the first two weeks of November 2008. Mark Snyder, chief marketing officer for Kmart, part of Sears Holdings Corp., said he has seen evidence that shoppers are plotting purchases. Kmart’s layaway program, which expanded to online this year, is proving popular.

“The thing that is most different this season is the preparedness of our shopper,” Mr. Snyder said. “Last year, the economy hit her right between the eyes. This year, instead of being defensive, she is being offensive and really scouring for bargains early, realizing the power is with her.”

Mr. Snyder said Kmart has also witnessed a trend toward gifts of lasting value, which is why the company is planning to sell 100% cashmere gloves and scarves, for $9.99, and down comforters, for $19.99, on Black Friday—the day after Thanksgiving and the biggest shopping day of the year for many retailers.

“Retailers have to dig deep and pull out their A-game right now, because it is a very competitive environment,” Mr. Snyder said. “Whereas you might have given something more trendy in the past, a down comforter is relevant to what is happening right now.”

For the first two weeks of November, sales within the specialty apparel category were down 5% from a year earlier. The decline was a sharp turnabout from October, when spending on specialty apparel rose 3.4%, providing a short-lived glimmer of hope before the Christmas shopping season. Men’s clothing fell by 1% in early November. Sales of shoes, which had shown two consecutive months of year-to-year increases in September and October, fell by 1.5% in the first two weeks of the month.

The National Retail Federation said earlier this fall that it expects U.S. retail sales to fall to 2005 levels in the 2009 holiday season, though the expected decline of 1% isn’t as deep as the 3.4% plunge of the 2008 holiday season.

According to a preliminary Black Friday shopping survey conducted for the National Retail Federation by BIGresearch, up to 134 million people plan to shop this Friday, Saturday or Sunday, up from 128 million who planned to last year. According to the survey, 57 million people say they will definitely hit the stores, while another 77 million are waiting to see what retailers are planning before heading out the door.

According to the survey, the biggest attractions for consumers this weekend will be discount and department stores with 66% going to discount and 62% going to department stores. Many people were planning to go to their favorite big-box store as well. Of the survey, 36% of consumers are planning on visiting clothing or clothing accessory store and 41% said they plan on shopping at electronics stores.

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My Take: I think that it will depend on two things this season, income and family size. A person’s income is going to be more important because it will indicate how much they can afford. Combined with income will be the size of their family and how many gifts we need to purchase. Of course, there will be a percentage of people who will not worry about how much they can afford.

There are going to be some people who will go out and buy gifts like designer perfume because they want to try and impress some, usually a guy. Then you have the child who knows his or her mother loves name brand perfumes and will spend their whole allowance on their mother. I would fall into this category.

Then you have the people that are not going to be spending a lot on Christmas because they do not have family. These are the people who will be visiting an online casino during the holidays. Of course, online poker can be fun, but not as fun as a roomful of people celebrating the holidays.

Then you have the people who are single-minded and on a mission to lose weight. Lose weight during the holidays? That is a unique mission! These people will go out and purchase a membership in Pilates fitness program to accomplish their task. Then they will spend their holidays with a Pilates DVD and give their family the best gift of all, their life.

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