Sunday, December 23, 2012

Free Cell Phone Number Search

Cell phone numbers are generally not listed in telephone directories for reasons of maintaining confidentiality. In fact the very reason people go in for cell phones is because it offers them privacy. With a cell phone you can virtually choose people whose calls you would like to receive. No longer need you worry about being hassled by unwanted telemarketing agents, constantly pestering you to buy the most mundane things at all the wrong times. Such intrusion of privacy is not possible with a cell phone, to a large extent. Note the word 'large extent'. No longer are cell phone number searches impossible. Thanks to the increasing presence of online resources which offer cell phone number search.

Most of these online search agencies can track cell phone numbers, using 'reverse lookups'. You can now find out the name of the person using a particular cell phone number, his/her address, other related addresses of an individual and possible other names attached to these addresses. So the next time you want to find out a cell phone number, you need not despair. Just surf the net and you will be able to successfully find the all-elusive number. Log on and find out. Although most of these online search agencies charge a fee for these search options, you will be surprised to know that the number of online agencies offering this service free of cost is increasing by the day. Go to these free cell phone number search web sites and key in the relevant requested information. The number you had been searching for is listed in front of you in a matter of seconds. It doesn't stop only with the number; you also get to find out the address. It is just like using your good old yellow pages or any other telephone directory.

Free Cell Phone Number Search
Free Cell Phone Number Search
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Friday, December 21, 2012

PS3 Blinking Red Light - What Does That Red Light Blinking on Your PS3 Mean?

Since they are yet to develop a game system that will actually tell you what is wrong when something malfunctions, you have to contend with lights. There are specific colored lights on a PS3 including red, green and yellow. Each light and its prescribed blinking status and the particular model can indicate different issues with the PlayStation 3. Sounds confusing doesn't it? You have to wonder if the lights and their meanings are not meant to be a deterrent to fixing your PS3 at home.

The PS3 blinking red light generally indicates a heat issue. Inside of the unit is getting too hot and as a safety measure, the unit will shut off and begin flashing a red light. Of course, a red blinking light can also be a weak connection inside the system, which occurs because heat has melted the solder holding them in place.

You have two choices at this point, you can send your game system to Sony for repairs, and pay the extra charges, if you are outside the warranty or you can attempt to fix the unit yourself. Many people prefer to try the latter because either they cannot afford the Sony tech charges or they are not sure that they will receive their system back. This is especially true for owners of the very few models that were backwards compatible with the PS2. If you have one of these game systems, you are unlucky indeed, as they are no longer making them compatible.

PS3 Blinking Red Light - What Does That Red Light Blinking on Your PS3 Mean?

If you think, you are incapable of working on and fixing your PS3 blinking red light problem you should know that a middle-aged mom with little technical ability fixed her game system in just a few hours. This is not rocket science my friend, but it does require a little practical understanding.

PS3 Blinking Red Light - What Does That Red Light Blinking on Your PS3 Mean?
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This is where a good PS3 repair guide [http://www.ps3lightfixs.info/] comes in handy. Look for one that offers systematic information, images, video and support! Sometimes the jargon can be a bit confusing, but with images and even video to guide you, how could you go wrong? You can find this type of guide here: [http://www.ps3lightfixs.info/]

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Monday, December 17, 2012

What is Pre-Foreclosure?

It's a sad fact, but many Americans lose their homes to foreclosure every year. Some lenders aren't always diligent enough in checking a person's ability to make repayments, and others don't really care anyway. And of course there are situations where a change in circumstances happens, leading to the homeowners being unable to meet their mortgage obligations.

Whatever the cause of a person getting behind on their mortgage payments, the process from that point onwards is fairly set. Initially, the lender will file a public default notice. This initiates the foreclosure process, and at this point the property officially enters the pre-foreclosure stage.

So basically, pre-foreclosure is like a grace period. The homeowner is being warned that they're in default and need to do something about it, but at this point, the lender is unable to claim back the property and sell it to recoup their costs. The length of the grace period varies, as it's determined by state laws. Some states allow the grace period to last for as long as 6 months, but many states have shorter periods.

What is Pre-Foreclosure?

Once the property enters pre-foreclosure, there are a number of ways the homeowner can avoid having their property foreclosed on and sold by the lender.

Pay Off The Default

If the homeowner can find the money t pay off the default amount, then the property is removed from pre-foreclosure. If the amount in default is small, and the default was caused by a temporary glitch in circumstances, then it may be worthwhile taking out a personal loan to repay the debt. If the problem is ongoing, however, this may just cause more problems for the homeowner.

Sell The House

This is a little more drastic, but is probably the best solution if meeting the repayments is likely to be an ongoing problem. By selling the house, the homeowner should be able to get a reasonable price for it. If the homeowner waits and lets the lender sell it, the sale price is almost certainly going to be much lower, because the lender just wants to offload the property as fast as possible.

This is often a good time for an investor to approach the homeowner with a fair offer to purchase the property. However, many people in pre-foreclosure go into denial, and instead of trying to make the best of a bad situation, will actually avoid taking action until it's too late. Many also don't understand the long-term detrimental effect a foreclosure listing will have on their credit score.

Nobody wants to face foreclosure on their home, but at least the pre-foreclosure period gives the homeowner the opportunity to find a solution that's a little more favorable for them. Waiting for the property to pass into foreclosure and be seized by the lender is almost never the best option.

What is Pre-Foreclosure?
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There's lots of helpful pre-foreclosures information at David's site.

You can also access lists of seized real estate at http://www.buyingcheaphouses.info

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Friday, December 14, 2012

Put Your Big Girl Panties On and Deal With It - Book Review

Have you ever had a girlfriend who just got you and could make you see that you were overreacting but would also make you feel completely at ease with your idiosyncrasies? Aren't they the best? Roz Van Meter offers her psychologically qualified yet girlfriend-friendly advice in her book, "Put Your Big Girl Panties On and Deal With It..." and it's just like having that special girlfriend by your side or a life coach with a fantastic sense of humor on speed dial.

It's a no-nonsense guide to getting what you want, but it's also a little book of inspiration to getting what you need. Roz shares her own stories to relay some messages and also those of people she knows. It's the latest thoughts on self help psychology, marriage, relationship and sex therapy, and life coaching, but it is done in such a light hearted and easy going tone that you don't realize you're getting a bigger message until it has already sunk in. The book is made light and fun by the analogy of knickers in every form and relating them to what you want in life. For instance, figuratively (or literally) putting on those practical, comfortable, business like panties to get a goal attained, or sliding into that risqué g-string when the lights go down in the city for some fun. Humor aside, the book offers advice on everything from how to say no and mean it to how to say yes and feel free enough to enjoy it. It explores ways in which you can reconnect with your inner child and nourish her and also take control and know when to get that kid out from behind the driver's wheel. This book is about organizing your life, one drawer at a time, learning to laugh at yourself, being a friend, and charging head on into passion for life.

Roz Van Meter is a psychotherapist, but she writes like that best friend who spells it all out for you in a fun and endearing way. Buy a copy of "Put Your Big Girl Panties On and Deal With It..." for yourself, one for your husband (who just might learn a thing about the female persuasion), and one for every close girlfriend you have. You'll be looking at yourself and your underwear drawer in a whole new light.

Put Your Big Girl Panties On and Deal With It - Book Review

Put Your Big Girl Panties On and Deal With It...

by Roz Van Meter

ISBN-10: 1402208820

Review by Heather Froeschl

Put Your Big Girl Panties On and Deal With It - Book Review
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Heather Froeschl is an author, award winning editor, and book reviewer, at http://www.Quilldipper.com and http://www.Bookideas.com

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Saturday, December 8, 2012

10 Types Of Fishing Lures That Can Help You Catch The Big One

When it comes to fishing lures, you want to be sure you have the right one for the job but with so many to choose from how do you pick the best one? The waters you are fishing, the time of year and the weather all have an impact on what type of lure will look tasty to the species of fish you were trying to catch.

There are a variety of different lures, all in different shapes sizes and colors and most avid anglers have quite a selection in their tackle box. Here are a few types you might want to include in your list of fishing gear.

Surface Lures

10 Types Of Fishing Lures That Can Help You Catch The Big One

These are lures that you retrieve along the surface of the water and are fun to use since the fish explodes up out of the water in order to take in the lure. They are great if you're fishing in waters that have a lot of weeds since they remain on the top and are less likely to get tangled in the weeds. Surface lures come in all kinds of colors and shapes and it's fun to pick them out in the store and find the ones that work best for you.

Spoons

Spoons are a simple metal lure that looks like a spoon. When you retrieve them they make a wobbling motion which is attractive to fish. They are inexpensive and fairly easy to use so a great choice for beginners.

Spinners

This type of fishing lore has a blade that rotates and the rotating motion gives off a reflection which imitates the light glinting off of fish scales in the water. When you are retrieving a spinner, you can alter the speed that you retrieve thus making it look like an injured fish. If you're fishing for pike a large spinner can be great but if you go in for mullet or trout try a smaller size.

Jerk Baits

Jerk baits don't have any movement on their own but allow the angler to jerk them and bring them to life like a wounded fish or worm. You cast them into the water and then make a jerky motion with your rod which simulates the movements of an injured fish making it look like a tasty morsel to the fish you are trying to attract.

Soft Baits

These are soft rubber baits that could look like long worms or frogs or a bunch of other shapes. Typically these are used with a weighted jig head and retreat slowly or in a jerky motion.

Floating Divers

This type of fishing lure sinks into the water after you cast and can cover depths up to 15 feet or more. Each floor is designed for a different depth and this depends on the angle of the lure. A lure with a smaller angle will dive deeper than a lore with a bigger angle. Depending on the depth of the water that your target fish hangs out in will dictate the type of lure you use.

Light Standard Casting Lures

Standard casting lures can be used to catch a large range of fish including certain types of bass if retrieve data slow to medium speed. They range from about 1/16 of announced to 3 ounces and are typically used for freshwater fishing of lightweight species.

Heavy Standard Casting Lures

This heavy fishing lure is best used for the heaviest fish like bass and walleye. Just like any other lure they come in a variety of shapes, sizes and colors.

Long Casting - Jigging Lures

These jigging lures are used for long casting and are used to catch anything from tuna to trout to pike.

Deadly Diamond Lures

This is a small fishing lure that is under 1 ounce and is used to catch the smaller fish. It's cut with a diamond shape on the top and the light reflects from this therefore attracting fish. These lures are typically used for walleye and crappy although can work good for other small species to.

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Thursday, December 6, 2012

Big Bowel Movements - Are Big Or Large Bowel Movements Natural?

Big Bowel movements are completely natural. Most mothers can observe large bowel actions in their 3-4 years old child, which can be extremely surprising. You shouldn't worry much about this great phenomenon because large stools generally come out due to a better digestive system. It is touted to be a good sign. The frequency of bowel movements may vary from person to person. It also depends upon the number of meal intake. It is completely natural to have 2-3 movements per day if you are consuming 3 meals. Big bowel movements indicate your digestive tract. In order to attain large actions, you should consume lots of water. Drinking at least 10-12 glasses of daily can provide you good bowel movements.

In order to enhance the health of your colon, which mainly stimulates your bowel, you should eat lots of fruits and vegetables. They are high fibrous foods, which can keep your digestive tract clean, and stimulte digestion. Maintainence of colon is also important for losing weight. Large bowel movements will keep your body away from waste products. They not only make your body free and weight less but also keep your other organs such as liver and kidney clean.

Are Big Or Large Bowel Movements Natural ?

Big Bowel Movements - Are Big Or Large Bowel Movements Natural?

The occurrence of big bowel movements is completely normal, you should be rather happy about the fact of having them. You can achieve this by eating proper nutrition and maintaining a good lifestyle. Sometimes due to irregular sleeping and eating habits, people suffer from constipation, which can be harmful for your body. Constipation deposits waste products in your colon and obstructs digestion. In order to enhance our overall health, we should have regular movements.

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Sunday, December 2, 2012

What a Canadian Should Know Before Buying U.S. Real Estate

Many Canadians are dreaming of heading south for the winter, but not just to beat the cold. They have real estate investing on their minds. Our strong dollar combined with a collapsing housing market in the U.S. spells opportunity for many. But Canada and the U.S.A are not the same country, and as much as we have in common we have differences. Any Canadian investor considering putting money in the U.S. should have a basic understanding of some key differences between buying real estate in Canada versus buying real estate in the U.S. So, before you start putting your loonies in Florida or Texas, read on.

Tax Systems:

Talk to an accountant that is experienced with American real estate investment as the countries differ considerably in terms of taxation of investment properties.

What a Canadian Should Know Before Buying U.S. Real Estate

In the U.S.

1031 Exchanges allow the capital gains from the sale of an investment property to be deferred and rolled into a purchase of a similar type of property if it's bought within 180 days. This can be done many times allowing capital gains to be deferred until the end asset is finally disposed of and not replaced; If capital gains are realized (property is sold and cash is received), the seller is taxed at 15% of the total net gain (as long as the property was owned for more than 1 year, if less than, the rate is much higher); Property taxes tend to be similar to those in Canada, however, if you are a Canadian and own a property in a Southern state like Florida or California, you may have much higher "non-resident" property taxes than either the locals or if you invest in other U.S. States; Similar to Canadian tax laws, you will not be taxed on your primary residence, however, in the U.S., you can write-off the interest charged on your home.

Compare this to Canada

Sell your investment property in Canada and you'll pay capital gains tax on 50% of the net gain. Canada does not yet have the option of deferring the gain through an exchange. The "gain" or "loss" gets added to your income and your are taxed at the applicable rate (which could be much higher than the standard 15% rate in the U.S.); Similar to in the U.S., expenses associated with holding an investment property can be written off against your taxable income. See two previous articles for tax time tips: Part 1 and Part 2.

Before you send your loonie south this winter:

Determine if there are "non-resident" property taxes applicable in the city/state you are considering; If you already own in the States and sell the property (and don't buy another there to use the 1031 Exchange strategy) you'll be required to pay U.S. taxes on the sale. You pay the U.S. first, but still have to file the tax return in Canada (showing the taxes paid in the States). Thus, you'll only pay once (you get a tax credit applied to your Canada taxes), but you have to file 2 returns (February/March 2008 Money Sense has a great article on this issue); Rental income requires two filings for taxes as well. You must claim the income (and expenses) in both countries, pay the applicable taxes, and get a credit for your Canadian taxes.
Lending differences between Canada and the U.S.:

The "credit crunch" or "subprime market meltdown" has had a dramatic impact on the U.S. lending environment, and has trickled over the border to Canada. Because of the economic crisis, lender guidelines and policies have changed dramatically in both countries. In the U.S., there were many mortgages given to just about any candidate. The phrase "ninja" loan was coined in the U.S. The acronym standing for "no income, no job, no assets". Many individuals were given mortgages beyond their means. When the first large phase of ARM (adjustable rate mortgages) began to raise their rates, foreclosures began popping up all across the nation. Canadians need not fear the same crash here thanks to very different lending environments.

In the U.S.

Hundreds of banks across the country with hundreds of differences in lending policies and guidelines; Licensing varies across each state for who can be a mortgage broker. In some states no testing or licensing is required at all! Bank regulation is controlled at the state and federal level, again possibly leading to less strict lending criteria from one bank or lender to another.

And in Canada

One federally-regulated Bank Act that controls what banks can and cannot do across Canada; Only 5 major banks in Canada that control a large majority of all banking divisions; All of the Big 5 Banks in Canada are able to lend funds for mortgages, but they have also acquired (and oversee) many of the licensed trust and brokerage companies (which lend money as well); Mortgage brokers are provincially regulated in Canada, but the majority of provinces require extensive training, and the successful completion of a licensing test.
Economic Conditions in Canada and the U.S.:

The Canadian economy continues to enjoy good economic times with historically low unemployment rates, increased wages, and housing appreciation. At the same time, a recession has been lurking in the U.S. Many areas of the U.S. are experiencing depreciating houses, high unemployment rates, and deteriorating consumer confidence.

There could be some real bargains to be found in the U.S. as foreclosures pile up, property/houses depreciate (well into double digits in some States - Florida, Michigan, California), and our Canadian dollar continues to sit around par with the greenback. But before you take the plunge, do your research. Most economists still believe we are in the midst of the subprime fiasco. They forecast continued depreciation across the nation (obviously much worse in some areas than others) for the better part of two years. So, unless you really know an area is going to get better soon, I personally, would wait and see what the summer and early 2009 has to bring. The election, the war, federal policies to "bail-out" millions of credit-burdened borrowers, and the worst part of the subprime scenario which is predicted to hit in the fall of 2008, are all factors that will impact investment in the coming year, and it's a gamble to buy without knowing what will happen. But, with the strong dollar, it's a good time to head south and start looking for that dream home in Florida, isn't it?

Some final thoughts (in this article anyways) on investing in the U.S. real estate market. If you are intent on purchasing in the U.S. and are a Canadian citizen residing in Canada, the following three ways may help you obtain financing:

Take out a mortgage in the U.S. through a U.S. based bank owned by a Canadian one such as RBC Centura or Bank of Montreal's Harris Bank; Purchase using all cash so you don't have to deal with cross border financing issues (e.g., pull equity out of your home or other Canadian properties or ask your rich aunt for money!) to buy down south; and Create a corporation in the U.S. with assets (a holding company will not work as it needs to have equity or be generating revenue) which can obtain the mortgage from a U.S. lender.

What a Canadian Should Know Before Buying U.S. Real Estate
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Free tips and information on investing in Real Estate in Canada at http://www.revnyou.com

Sign up for Dave and Julie's free monthly newsletter and get a free starter tips guide where you'll learn:

* Three easy ways to make money in real estate (so easy you'll be making money while you sleep!),

* How to buy properties in Canada with limited cash,

* Your property type

* The easiest way to get financing,

* How to select a location and begin the search for your next (or first) property purchase.

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Saturday, July 14, 2012

Friday, April 20, 2012

Real Estate Investing : Gross Lease

People lease commercial real estate properties using either a gross lease or modified gross lease or a net lease. Residential properties are usually leased under a gross lease with the exception of the utility expenses. A gross lease is also referred to as a pass-through lease or a full service lease. When a tenant leases a property using a gross lease, he pays a gross rent and the landlord has to pay the operating costs of the building risking rising operating expenses over the duration of the lease. A net lease refers to a lease where the lessee is responsible to pay for the taxes, insurance and maintenance of the property.

Types of Gross Lease:
Full Service Gross Lease: In this kind of lease, the landlord is responsible for the payment of taxes, maintenance, insurance and utilities. All these expenses are included in the base rent paid by the tenant. The lessee is responsible for any property insurance, taxes and utility expenses beyond the permitted building standards. The lessee has to agree to pay his share of any increase in the operating expenses of the building.

Realestate

Modified Gross Lease: In a modified gross lease, which is similar to a full service gross lease, except that certain basic services such as taxes, maintenance, insurance, janitorial services, electrical services etc. are excluded from the lease. This type of lease is commonly used in multi-tenant buildings where there are different tenants with different needs.

Real Estate Investing : Gross Lease

Commercial Gross Lease: The lessee pays the landlord a fixed monthly rent and the landlord is responsible to pay for the operating expenses of the building and its maintenance. The lessee pays for the utilities, maintenance, operating expenses, taxes as well as janitorial services.
Industrial Gross Lease: The landlord leases an entire industrial building to a tenant. The tenant has to use the building as per the agreement in the lease, manufacturing and distributing and maintaining an office in it. The landlord will be responsible to pay for the maintenance, operating costs, taxes, insurance, utilities etc. that will be paid for by the lessee in the base rent.

The landlord has to take precaution against lessees with deceitful intent and make sure they verify any information provided by the lessee before signing the lease. The lessee, especially in a commercial building, has to make sure to find out if the lease includes only his office space or also parts of common area such as, hallways etc. The lessee has to make sure that he studies the terms of the lease carefully to ensure he is not paying for something that is not connected with his office space as if a new hallway built in another floor!

There are firms that offer products as well as services to help budding entrepreneurs run a business smoothly.

Real Estate Investing : Gross Lease

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Wednesday, April 18, 2012

Real Estate Notes For Sale

Over the past few years, more and more people in the United States have been offering real estate notes for sale. Selling real estate is an easy way to turn one's monthly receivable payment into an immediate and large sum of cash. A real estate note for sale can be a mortgage note, a contract for sale or a land contract.

The best way to find real estate notes for sale is to look for real estate note listings. Several websites provide information on real estate notes for sale. They usually list real estate notes from different states. These websites also provide information on various categories of real estate notes. You can approach real estate note brokers who generally have up-to-date information on the real estate note market. They can also simplify the process of transaction. Local newspapers and magazines are other places to look for real estate notes for sale. Real estate investment clubs are a good forum to discuss matters related to real estate notes.

Realestate

Competition in this field is very high. Earlier, it was easy to buy real estate notes for huge margins of profit. With several financial institutions and companies hunting for real estate notes, individual buyers often find it hard to buy and sell real estate notes. Most real estate note sellers do not sell their entire lot of real estate notes at once. This can place individual buyers in certain tricky situations. Generally, real estate notes sold partially would not generate immediate income. It is better you go for professional help, as the transaction can sometimes be confusing.

Real Estate Notes For Sale
Real Estate Notes For Sale

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Monday, April 16, 2012

Due Diligence Checklists - For Commercial Real Estate Transactions

Planning to purchase or finance Commercial or Industrial Real Estate? Shopping Center? Office Building? Restaurant/Banquet property? Parking Lot? Storefront? Gas Station? Manufacturing facility? Warehouse? Logistics Terminal? Medical Building? Nursing Home? Hotel/Motel? Pharmacy? Bank facility? Sports and Entertainment Arena? Other?

A KEY to investing in commercial real estate is performing an adequate Due Diligence Investigation to assure you know all material facts to make a wise investment decision and to calculate your expected investment yield.

Realestate

The following checklists are designed to help you conduct a focused and meaningful Due Diligence Investigation.

Due Diligence Checklists - For Commercial Real Estate Transactions

Basic Due Diligence Concepts:

Commercial Real Estate transactions are NOT similar to large home purchases.

Caveat Emptor: Let the Buyer beware.

Consumer protection laws applicable to home purchases seldom apply to commercial real estate transactions. The rule that a Buyer must examine, judge, and test for himself, applies to the purchase of commercial real estate.

Due Diligence: "Such a measure of prudence, activity, or assiduity, as is proper to be expected from, and ordinarily exercised by, a reasonable and prudent [person] under the particular circumstances; not measured by any absolute standard, but depending upon the relative facts of the special case." Black's Law Dictionary; West Publishing Company.

Contractual representations and warranties are NOT a substitute for Due Diligence.

Breach of representations and warranties = Litigation, time and money.

WHAT DILIGENCE IS DUE?

The scope, intensity and focus of any due diligence investigation of commercial or industrial real estate depends upon the objectives of the party for whom the investigation is conducted. These objectives may vary depending upon whether the investigation is conducted for the benefit of (i) a Strategic Buyer (or long-term lessee); (ii) a Financial Buyer; (iii) a Developer; or (iv) a Lender.

If you are a Seller, understand that to close the transaction your Buyer (and its Lender) must address all issues material to its objective - some of which require information only you, as Owner, can adequately provide.

GENERAL OBJECTIVES:

(i) A "Strategic Buyer" (or long-term lessee) is acquiring the property for its own use and must verify that the property is suitable for that intended use.

(ii) A "Financial Buyer" is acquiring the property for the expected return on investment generated by the property's income stream, and must determine the amount, velocity and durability of the revenue stream. A sophisticated Financial Buyer will likely calculate its yield based upon discounted cash-flows rather than the must less precise capitalization rate ("cap rate"), and will need adequate financial information to do so.

(iii) A "Developer" is seeking to add value by changing the character or use of the property - usually with a short-term to intermediate-term exit strategy to dispose of the property; although, a Developer might plan to hold the property long term as Financial Buyer after development or redevelopment. The Developer must focus on whether the planned change is character or use can be accomplished in a cost-effective manner. A developer conducting due diligence will focus on issues involving market demand, access, use and finances.

(iv) A "Lender" is seeking to establish two basic lending criteria:

1. "Ability to Repay" - The ability of the property to generate sufficient revenue to repay the loan on a timely basis; and

2. "Sufficiency of Collateral" - The objective disposal value of the collateral in the event of a loan default, to assure adequate funds to repay the loan, carrying costs and costs of collection in the event forced collection becomes necessary.

The amount of diligent inquiry due to be expended (i.e. "Due Diligence") to investigate any particular commercial or industrial real estate project is the amount of inquiry required to answer each of the following questions to the extent relevant to the objectives of the party conducting the investigation:

I. THE PROPERTY:

1. Exactly what PROPERTY does Purchaser believe it is acquiring?

(a) Land?

(b) Building?

(c) Fixtures?

(d) Other Improvements?

(e) Other Rights?

(f) The entire fee title interest including all air rights and subterranean rights?

(g) All development rights?

2. What is Purchaser's planned use of the Property?

3. Does the physical condition of the Property permit use as planned?

(a) Commercially adequate access to public streets and ways?

(b) Sufficient parking?

(c) Structural condition of improvements?

(d) Environmental contamination?

(i) Innocent Purchaser defense vs. exemption from liability

(ii) All Appropriate Inquiry

4. Is there any legal restriction to Purchaser's use of the Property as planned?

(a) Zoning?

(b) Private land use controls?

(c) Americans with Disabilities Act?

(d) Availability of licenses?

(i) Liquor license?

(ii) Entertainment license?

(iii) Outdoor dining license?

(iv) Drive through windows permitted?

(e) Other impediments?

5. How much does Purchaser expect to pay for the property?

6. Is there any condition on or within the Property that is likely to increase Purchaser's effective cost to acquire or use the Property?

(a) Property owner's assessments?

(b) Real estate tax in line with value?

(c) Special Assessment?

(d) Required user fees for necessary amenities?

(i) Drainage?

(ii) Access?

(iii) Parking?

(iv) Other?

7. Any encroachments onto the Property, or from the Property onto other lands?

8. Are there any encumbrances on the Property that will not be cleared at Closing?

(a) Easements?

(b) Covenants Running with the Land?

(c) Liens or other financial servitudes?

(d) Leases?

9. Leases?

(a) Security Deposits?

(b) Options to Extend Term?

(c) Options to Purchase?

(d) Rights of First Refusal?

(e) Rights of First Offer?

(f) Maintenance Obligations?

(g) Duty on Landlord to provide utilities?

(h) Real estate tax or CAM escrows?

(i) Delinquent rent?

(j) Pre-Paid rent?

(k) Tenant mix/use controls?

(l) Tenant exclusives?

(m) Tenant parking requirements?

(n) Automatic subordination of Lease to future mortgages?

(o) Other material Lease terms?

10. New Construction?

(a) Availability of construction permits?

(b) Utilities?

(c) NPDES (National Pollutant Discharge Elimination System) Permit?

(i) Phase 2 effective March 2003 - Permit required if earth is disturbed on one acre or more of land.

(ii) If applicable, Storm Water Pollution Prevention Plan (SWPPP) is required.

II. THE SELLER:

1. Who is the Seller?

(a) Individual?

(b) Trust?

(c) Partnership?

(d) Corporation?

(e) Limited Liability Company?

(f) Other legally existing entity?

2. If other than natural person, does Seller validly exist and is Seller in good standing?

3. Does the Seller own the Property?

4. Does Seller have authority to convey the Property?

(a) Board of Director Approvals?

(b) Shareholder or Member approval?

(c) Other consents?

(d) If foreign individual or entity, are any special requirements applicable?

(i) Qualification to do business in jurisdiction of Property?

(ii) Federal Tax Withholding?

(iii) US Patriot Act compliance?

5. Who has authority to bind Seller?

6. Are sale proceeds sufficient to pay off all liens?

III. THE PURCHASER:

1. Who is the Purchaser?

2. What is the Purchaser/Grantee's exact legal name?

3. If Purchaser/Grantee is an entity, has it been validly created and is it in good standing?

(a) Articles or Incorporation - Articles of Organization

(b) Certificate of Good Standing

4. Is Purchaser/Grantee authorized to own and operate the Property and, if applicable, finance acquisition of the Property?

(a) Board of Director Approvals?

(b) Shareholder or Member approval?

(c) If foreign individual or entity, are any special requirements applicable?

(i) Qualification to do business in jurisdiction of the Property?

(ii) US Patriot Act compliance?

(iii) Bank Secrecy Act/Anti-Money Laundering compliance?

5. Who is authorized to bind the Purchaser/Grantee?

IV. PURCHASER FINANCING:

A. BUSINESS TERMS OF THE LOAN:

What loan terms have the Purchaser, as Borrower, and its Lender agreed to?

(a) What is the amount of the loan?

(b) What is the interest rate?

(c) What are the repayment terms?

(d) What is the collateral?

(i) Commercial real estate only?

(ii) Real estate and personal property together?

(e) First lien? A junior lien?

(f) Is it a single advance loan?

(g) A multiple advance loan?

(h) A construction loan?

(i) If it is a multiple advance loan, can the principal be re-borrowed once repaid prior to maturity of the loan; making it, in effect, a revolving line of credit?

(j) Are there reserve requirements?

(i) Interest reserves?

(ii) Repair reserves?

(iii) Real estate tax reserves?

(iv) Insurance reserves?

(v) Environmental remediation reserves?

(vi) Other reserves?

(k) Are there requirements for Borrower to open business operating accounts with the Lender? If so, is the Borrower obligated to maintain minimum compensating balances?

(l) Is the Borrower required to pledge business accounts as additional collateral?

(m) Are there early repayment fees or yield maintenance requirements (each sometimes referred to as "pre-payment penalties")?

(n) Are there repayment blackout periods during which Borrower is not permitted to repay the loan?

(o) Is there a Loan Commitment fee or "good faith deposit" due upon Borrower's acceptance of the Loan Commitment?

(p) Is there a loan funding fee or loan brokerage fee or other loan fee due Lender or a loan broker at closing?

(q) What are the Borrower's expense reimbursement obligations to Lender? When are they due? What is the Borrower's obligation to pay Lender's expenses if the loan does not close?

B. DOCUMENTING THE COMMERCIAL REAL ESTATE LOAN

Does Purchaser have all information necessary to comply with the Lender's loan closing requirements?

Not all loan documentation requirements may be known at the outset of a transaction, although most commercial real estate loan documentation requirements are fairly typical. Some required information can be obtained only from the Seller. Production of that information to Purchaser for delivery to its lender must be required in the purchase contract.

As guidance to what a commercial real estate lender may require, the following sets forth a typical Closing Checklist for a loan secured by commercial real estate.

Commercial Real Estate Loan Closing Checklist

1. Promissory Note

2. Personal Guaranties (which may be full, partial, secured, unsecured, payment guaranties, collection guaranties or a variety of other types of guarantees as may be required by Lender).

3. Loan Agreement (often incorporated into the Promissory Note and/or Mortgage in lieu of being a separate document)

4. Mortgage [sometimes expanded to be a Mortgage, Security Agreement and Fixture Filing]

5. Assignment of Rents and Leases

6. Security Agreement

7. Financing Statement (sometimes referred to as a "UCC-1", or "Initial Filing")

8. Evidence of Borrower's Existence In Good Standing; including

(a) Certified copy of organizational documents of borrowing entity (including Articles of Incorporation, if Borrower is a corporation; Articles of Organization and written Operating Agreement, if Borrower is a limited liability company; Certified copy of trust agreement with all amendments, if Borrower is a land trust or other trust; etc.)

(b) Certificate of Good Standing (if a corporation or LLC) or Certificate of Existence (if a limited partnership) or Certificate of Qualification to Transact Business (if Borrower is an entity doing business in a State other than its State of formation)

9. Evidence of Borrower's Authority to Borrow; including

(a) a Borrower's Certificate;

(b) Certified Resolutions

(c) Incumbency Certificate

10. Satisfactory Commitment for Title Insurance (which will typically require, for analysis by the Lender, copies of all documents of record appearing on Schedule B of the title commitment which are to remain after closing), with required commercial title insurance endorsements, often including:

(a) Affirmative Creditors Rights Endorsement (extending coverage over policy exclusion 7 and policy exclusions 3(a) and 3(d) as they relate to creditor's rights matters)

(b) ALTA 3.1 Zoning Endorsement modified to include parking

(c) ALTA Comprehensive Endorsement 1

(d) Location Endorsement (street address)

(e) Access Endorsement (vehicular access to public streets and ways)

(f) Contiguity Endorsement (the insured land comprises a single parcel with no gaps or gores)

(g) PIN Endorsement (insuring that the identified real estate tax permanent index numbers are the only applicable PIN numbers affecting the collateral and that they relate solely to the real property comprising the collateral)

(h) Usury Endorsement (insuring that the loan does not violate any prohibitions against excessive interest charges)

(i) other title insurance endorsements applicable to protect the intended use and value of the collateral, as may be determined upon review of the Commitment for Title Insurance and Survey or arising from the existence of special issues pertaining to the transaction or the Borrower.

11. Current ALTA Survey (3 sets), [typically prepared in accordance with 2005 Minimum Standard Detail for ALTA/ACSM Land Title Surveys, certified to the lender, Buyer and the title insurer, including items 1 through 4, 6, 7(a), 7(b)(1), 8 through 11(a) and 14 from the Surveyor's "Optional Survey Responsibilities and Specifications" referred to as "Table A"].

12. Current Rent Roll

13. Certified copy of all Leases (3 sets)

14. Lessee Estoppel Certificates

15. Lessee Subordination, Non-Disturbance and Attornment Agreements [sometimes referred to simply as "SNDAs"].

16. UCC, Judgment, Pending Litigation, Bankruptcy and Tax Lien Search Report

17. Appraisal (must comply with Title XI of FIRREA (Financial Institutions Reform, Recovery and Enforcement Act of 1989, as amended)

18. Environmental Site Assessment Report (sometimes referred to as Environmental Phase I and/or Phase 2 Audit Reports)

19. Environmental Indemnity Agreement (signed by Borrower and guarantors)

20. Site Improvements Inspection Report

21. Evidence of Hazard Insurance naming Lender as the Mortgagee/Lender Loss Payee; and Liability Insurance naming Lender as an "additional insured" (sometimes listed as simply "Acord 27 and Acord 25, respectively)

22. Legal Opinion of Borrower's Attorney

23. Credit Underwriting documents, such as signed tax returns, property operating statements, etc. as may be specified by Lender

24. Compliance Agreement (sometimes also called an Errors and Omissions Agreement), whereby the Borrower agrees to correct, after closing, errors or omissions in loan documentation.

It is useful to become familiar with the Lender's loan documentation requirements as early in the transaction as practical. The requirements will likely be set forth with some detail in the lender's Loan Commitment - which is typically much more detailed than most loan commitments issued in residential transactions.

Conducting the Due Diligence Investigation in a commercial real estate transaction can be time consuming and expensive in all events.

If the loan requirements cannot be satisfied, it is better to make that determination during the contractual "due diligence period" - which typically provides for a so-called "free out" - rather than at a later date when the earnest money may be at risk of forfeiture or when other liability for failure to close may attach.

CONCLUSION

Conducting an effective due diligence investigation in a commercial real estate transaction to discover all material facts and conditions affecting the Property and the transaction is of critical importance.

Unlike owner occupied residential real estate, when a house can nearly always be occupied as the purchaser's home, commercial real estate acquired for business use or for investment is impacted by numerous factors that may affect its use and value.

The existence of these factors and their affect on a Purchaser's ability to use the Property for its intended use and on the Purchaser's projected investment yield can only be discovered through diligent investigation and attention to detail.

The circumstances of each transaction will determine what degree of diligence is required. The level of diligence required under the circumstances is the diligence that is due.

Exercise Due Diligence.

Due Diligence Checklists - For Commercial Real Estate Transactions

R. Kymn Harp is a seasoned attorney based in Chicago, Illinois with 30 years experience representing commercial real estate investors, lenders and developers. He is a frequent speaker at continuing education seminars, and is a widely published author on commercial and industrial real estate topics including due diligence, entitlements, commercial real estate financing, and Brownfield development and financing.

R. Kymn Harp can be contacted at:

Robbins, Salomon & Patt, Ltd
25 E. Washington Street Suite 100
Chicago, IL 60602
Dir. Ph: 312-456-0378
Email: rkharp@rsplaw.com

For more information go to: http://www.realestate-law.com

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Saturday, April 14, 2012

Real Estate Taxes Vs Personal Property Taxes

Lots of people, like you, are living in confusion. Uncertainty clouds their minds and keeps them from "seeing" the truth as it really is. Take for example, distinguishing real estate taxes from personal property taxes. There are some individuals that don't know the difference between the two. One reason behind that can be traced back to our teachers during the good old schooling days. That is completely understandable, because the way they explain the subject matter is so damn boring! When they finally hammer the information needed into the back of our heads, it's quickly forgotten - who would want to remember a boring part of their life anyway? SO without further delay, I'll be discussing the difference between the two in the simplest terms possible.

First and foremost, real estate taxes are slapped on to real property. Real estate is immovable prop, like land and all the infrastructure or improvements on it. For deeper understanding of what the immovable is, check out the following examples: a house is considered to be attached to the land permanently, which cannot be moved whatsoever, so it belongs to this particular category. Other examples include buildings, ranches, farmhouses, and other infrastructure attached to these are classified under real property, which means they'll be charged real estate taxes. Moving forward, personal prop includes your movable assets, almost everything not belonging to real property.

Realestate

An example of this would be your car, the animals or livestock you own, your furniture, and even your money. They aren't permanently attached to the ground on which they stand, which makes them more than qualified to be grouped as personal prop. Getting back to the topic on tax, personal property taxes are assessed on property that's used in business only, my friend. The local assessor in your area has the responsibility of providing you with a form, in which you'll be given the obligation of filing it up. With it, you'll be required to state the value of your property.

Real Estate Taxes Vs Personal Property Taxes

On the other hand, real estate taxes will be assessed on either residential or industrial property - how much will you be expecting to pay here? Well that'd depend on the market value of the real property. Here's t tip for you to always keep in mind that you may gain an idea on how more or less it works: know the value of it. This is important because the higher the value, the higher the real estate taxes will be. They rise in numbers accordingly. The value is assessed yearly by the assessor's department. They send a notice to the tax payer each January that you may know it (obviously).

There are some instances though when you'll be "tax exemptions". The most common criteria for judging whether or not you'll be qualified for the exemption would be your age, and the state of your disability (if any). Basically, this is the difference between the two types of taxes. If you'd like to get into the details, it'd be wise to do some research.

Real Estate Taxes Vs Personal Property Taxes

The author of this article Rick Goldfeller is an underground Financial Analyst who has been successfully running campaigns for several wealthy clients. Rick finally decided to go public and share his knowledge and experience through his website http://www.finanzine.com. You can sign up for his free newsletter and join his coaching program.

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