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Blog Posts in 2008

  • A New Year Prediction

    I have not put an article in this space for a couple of months, for several reasons. One is that I was secretly hoping someone would notice. No-one did. Another, and more important reason, is that there is so much being said about real estate that nothing new seems likely to be said. But there is something. A prediction. Buy. Now. Don’t be stupid, and don’t buy something you can’t hold, but buy. ...
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  • Do We Really Want Less Government?

    Last year I found myself in a debate with a State Legislator before a group of college students. There was no announced subject, but our discussion shortly became my rebuttal to his opening declaration that “we all know we need less government, less regulation, and less restrictions on our lives. That’s the American way.“ I did, and do, respect both the speaker and the opinion, so it was not easy ...
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  • The Legacy Of The Silly Years

    What follows is pure opinion. Like all unsolicited ruminations, it is based on some knowledge, more than a little prejudice, and complete confidence that everyone needs to hear it. The opinion has two parts. The first is that every new couple or single person of employment age should purchase the place where he (or she) lives. That place should be the centerpiece of his lifetime investments. This ...
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  • Beyond The Silly Years

    We’ve come through the real estate storm which I have called in these pages the “silly years”. We haven’t recovered, but clearly the storm is over. I sat in a committee of very smart people during those years, considering requests for development loans, each for millions of dollars. Today, because too many of those loans have gone bad, that committee doesn’t feel so smart. The question we all have ...
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  • HOA And Condominium Management

    This article has urged readers to be active about enforcing HOA and Condominium documents. Boards of Directors have a fiduciary duty to do that, and to maintain common areas. Their legal duties also include the collection of assessments, equally, from all members. Today’s highly leveraged market makes the process of collection of those assessments critical, and sometimes both difficult and ...
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  • Introduction To Short Sales Presentation To The Attorney's Title Insurance Fund

    Three years ago real estate lawyers were in the paper business. We believed that our clients did well in real estate, or business, in part because we documented what they got themselves into. They had smiles when they came in for real estate deals because they were selling, and taking profits that were the result of wise investment decisions, or they were expectantly getting on the real estate ...
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  • Siren's Song

    Long ago I practiced general law. I did a little personal injury, a little criminal law, and a whole lot of just about everything that came in the door. Before long I decided that in the practice of law my income sometimes depended upon my ability to convince others of something I did not believe myself. It didn’t take long for me to decide that I really wasn’t very good at trying to convince ...
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  • Amendment to Fla. Stat. §702.06

    It shall be legislative policy to promote the private ownership of homes within the State of Florida, and to encourage Lenders to provide loans for that purpose upon procedures and terms which are fair to be both Borrowers and Lenders. The Legislature is aware of unprecedented mortgage foreclosures of private, primary residences within this State, and considers that trend to be a threat to its ...
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  • If You're Watching The Market You're Not Watching The Ball

    Let’s assume you’re interested in buying real estate, or on the other hand, you must sell. When is the right time? You’ve read my opinion in these pages about holding property you can’t afford…don’t. Get out, because the market will not come back strong enough to recover some of the really stupid purchase prices we saw in 2002-2004. Make up your losses on a deal made today, not by holding on to an ...
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