While the recent news doesn't bode well for BP's litigation defense efforts, a plaintiff's lawyer suing BP still has no guarantee of success. In a recent WSJ Law Blog, Oil Spill Lawyers Competing Against BP . . . and With the Government the author points to some of the risks involved with plaintiff's work. For instance, plaintiff's lawyers always take a risk that their expert will blow the case. But, this isn't a post on handling your expert witness (that issue will likely be addressed in a trial advocacy post in the future.) Instead, I will take a look at another issue a plaintiff's attorney needs to be aware of in his/her civil RICO claim.
As I mentioned in my previous posting on this issue, Civil RICO Litigation and BP: Because You Were Wondering the first big hurdle plaintiff's attorney's will be faced with deals with the complaint itself. There will likely be an amended complaint at some point in the near future (perhaps even two or three).
If you have read the complaint, and aren't a seasoned litigator, or if you don't normally handle issues that need to be plead with particularity (Fed. R. Civ. P. 9(b)) than you may be unaccustomed to the pitfalls in which a plaintiff's lawyer may fall. In my own experience, and from my own observations, one of the greatest problems with these kind complaints is whether the language of the complaint connects the allegations to civil RICO.
For instance, it is very tempting to plaintiff's attorneys to say something like "defendant committed fraud" The judge knows the plaintiff is claiming the defendant committed fraud. Saying that over and over in a pleading doesn't make it a proper pleading. Yet that is exactly what many lawyers try to do.
Instead, one should be ready to answer questions like how exactly was the fraud committed? Who committed the fraud? Why was the fraud committed? It need not be sensational. But it does need to create a link to the defendant and the actionable transactions under RICO.
A common tactic plaintiff's use in defending an incomplete initial complaint is to state that specifics will be obtained during discovery. Well, you may be able to get away with that sometimes. However, that answer is much a much easier sell when the pleading doesn't require much beyond a short plain statement.
On the other hand, RICO requires an engagement in a "pattern of racketeering activity" 18 U.S.C. 1962. And, the determination as to whether a pattern exists, is commonly made in favor of the defendant on a 12(b)(6). One of the reasons for this is that attorneys seem to be fond of replacing a tort or several tortious acts for RICO.
To be successful under a RICO claim, more than one transaction is required. Often, however, the pleading will lead the court to determine that the acts complained of consist of only one transaction. 1 One of the troubling issues for plaintiff's attorneys in their pleadings, (or even if they make it past that stage) is the pattern issue.
How can plaintiff's attorneys show a pattern? "[T]o prove a pattern of racketeering activity a plaintiff must show that the racketeering predicates are related, and that they amount to or pose a threat of continued criminal activity." 47 F.3d 1280. (For the sake of brevity here I am only including cites).
The first trouble is of course the relatedness aspect of this test. "[P]redicate acts are related if they "have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events.'" Id.
Attorneys who do get past the issue of "related acts" still haven't made it past the Court's test. In addition, the Court requires continuity. "The continuity requirement is likewise satisfied where it is shown that the predicates are a regular way of conducting defendant's ongoing legitimate business (in the sense that it is not a business that exists for criminal purposes), or of conducting or participating in an ongoing and legitimate RICO "enterprise." Id.
The plaintiff's, therefore in the BP civil RICO suits, will likely seize upon the first of the two options for continuity. They will likely focus on the facts that show that BP conducts its ongoing business in way that amounts to a threat of continuing or ongoing criminal activity.
Despite the publicity and the size and scope of the oil leak, BP will likely try to prove that the oil leak is the result of a single tort for which a fund has already been created and for which their civil liability is diminished.2 Granted the single tort may be the result of several acts of negligence. However, a bunch of negligence doesn't a civil RICO claim make!
In other words, just because BP is careless doesn't mean they are racketeers.
The above analysis doesn't purport to suggest that BP cannot be found liable under civil RICO. The point is simply to make people aware of the some of the lesser known issues involved. RICO is a complex creature; it has the ability to keep attorneys quiet and busy for long periods of time.
1. 852 F.2d 936; for an interesting discussion of the "pattern" take a look at 492 U.S. 229
2. I direct you to the WSJ Law Blog article at the top
Tuesday, July 31, 2012
How Do You Safely Remove Command Strips?
When it comes to creating convenient space in the home, safety and simplicity are two important factors, each equally valuable. Of course, finding both is priceless!
Ever found yourself needing some extra hanging space on the wall? Wanted to put up a hook in your laundry but are afraid of leaving an unsightly hole? Have a poster or print which will look great in your living room, but don't want to use adhesive tack which will leave a stain or a mark? There's actually a very simple solution, in the form of the 3M range of Command Strip products.
These seriously clever adhesive strips are specially designed to mount hooks or posters to your wall without leaving any damage to your wall. Command strips are made from synthetic rubber resin so will stick to most smooth surfaces, and are completely water resistant - which means you can use them in the bathroom or laundry. Most impressively, Command strips can hold up to 3kgs of weight. Not bad for something so small!
The 3M Command Strip range includes many multi-purpose attachments, from different kinds of hooks for everyday use, to clips for hanging paperwork in your home or office. There are even specialised poster strips and frame hangers to hang your favourite posters or framed pictures without pins, nails or tack. And, for ultimate convenience, Command Strip packs even come with extra strips should you need to reposition your hook or poster, or put it up somewhere else entirely. (After all, isn't variety is the spice of life?)
Applying your Command Strips
It's very easy to apply your 3M Command Strips, whatever you wish to use them for. Each double-sided strip has one side which attaches firmly to the wall, while the other will attach to the hook, clip or poster you wish to hang. Simply stick and press - that's all there is to it!
For use with heavier items, it is best to leave your hook for a good hour or more, before hanging anything on it. And make sure that you don't apply these strips to delicate wallpaper or newly painted surfaces, as you may not get the right results. However, most surfaces work perfectly with Command Strips; just follow the instructions or check the website for more details on where to apply them.
How to safely remove Command Strips
However, the real magic of the 3M Command Strips is in their simple and - best of all - damage-free removal. The stretch-release technology makes it even easier to remove the strips than it is to apply them - making life that much easier! Simply press on the adhesive area, grab hold of the Command Strip tag behind it, and pull down. The strip will stretch and come away from the wall - without leaving any marks or damaging the surface. Just like magic!
If the strip breaks while you're pulling it, or the tab comes off, there's no need to panic. You can still easily remove it without damaging the wall surface. Soften the adhesive by warming the area with a hairdryer. Then peel the strip away from the wall using a strong thread; dental floss works perfectly for this. Just slide the thread or floss along the back of the strip and you'll be able to remove your hook and peel off the remains of the strip. Even if this happens you will still find your wall is damage-free!
So there you have it - a simple and safe mounting system for your home. You don't have to damage your home to make it better. Just try 3M Command Strips.
Ever found yourself needing some extra hanging space on the wall? Wanted to put up a hook in your laundry but are afraid of leaving an unsightly hole? Have a poster or print which will look great in your living room, but don't want to use adhesive tack which will leave a stain or a mark? There's actually a very simple solution, in the form of the 3M range of Command Strip products.
These seriously clever adhesive strips are specially designed to mount hooks or posters to your wall without leaving any damage to your wall. Command strips are made from synthetic rubber resin so will stick to most smooth surfaces, and are completely water resistant - which means you can use them in the bathroom or laundry. Most impressively, Command strips can hold up to 3kgs of weight. Not bad for something so small!
The 3M Command Strip range includes many multi-purpose attachments, from different kinds of hooks for everyday use, to clips for hanging paperwork in your home or office. There are even specialised poster strips and frame hangers to hang your favourite posters or framed pictures without pins, nails or tack. And, for ultimate convenience, Command Strip packs even come with extra strips should you need to reposition your hook or poster, or put it up somewhere else entirely. (After all, isn't variety is the spice of life?)
Applying your Command Strips
It's very easy to apply your 3M Command Strips, whatever you wish to use them for. Each double-sided strip has one side which attaches firmly to the wall, while the other will attach to the hook, clip or poster you wish to hang. Simply stick and press - that's all there is to it!
For use with heavier items, it is best to leave your hook for a good hour or more, before hanging anything on it. And make sure that you don't apply these strips to delicate wallpaper or newly painted surfaces, as you may not get the right results. However, most surfaces work perfectly with Command Strips; just follow the instructions or check the website for more details on where to apply them.
How to safely remove Command Strips
However, the real magic of the 3M Command Strips is in their simple and - best of all - damage-free removal. The stretch-release technology makes it even easier to remove the strips than it is to apply them - making life that much easier! Simply press on the adhesive area, grab hold of the Command Strip tag behind it, and pull down. The strip will stretch and come away from the wall - without leaving any marks or damaging the surface. Just like magic!
If the strip breaks while you're pulling it, or the tab comes off, there's no need to panic. You can still easily remove it without damaging the wall surface. Soften the adhesive by warming the area with a hairdryer. Then peel the strip away from the wall using a strong thread; dental floss works perfectly for this. Just slide the thread or floss along the back of the strip and you'll be able to remove your hook and peel off the remains of the strip. Even if this happens you will still find your wall is damage-free!
So there you have it - a simple and safe mounting system for your home. You don't have to damage your home to make it better. Just try 3M Command Strips.
Friday, July 27, 2012
Advantages And Disadvantages Of Lease Option Real Estate Investing
Lease option real estate investing is a creative way to get started in real estate investing. The biggest advantage of this investing method is "control". It basically gives the investor the right to possess-- be in control of-- and profit from a property without owning it.
A lease option contract is a combination of two documents. The lease part is where the owner agrees to let you lease their property while you pay them rent for a stated period of time. During the lease period the owner can not raise the rent, rent it to anyone else, or sell the property to anyone else.
The option part represents the right you purchased to buy the property in the future for a specific price. If you decide to exercise your option to buy, the owner has to sell it to you at the negotiated price. The option part of the contract obligates the seller to sell to you during the option period- but it does not obligate you to buy. You are only obligated to make rental payments as agreed during the lease period.
When the lease option contract is written and structured properly, it can provide tremendous benefits and advantages to the investor. If the lease option includes the "right to sub-lease" the investor can generate a positive cash flow by renting the property to a tenant for the duration of his lease, or lease option the property to a tenant-buyer for positive cash flow and future profits. If the lease option includes a "right of assignment" the investor could assign the contract to another buyer for a quick profit.
Lease option real estate investing, is a flexible, low risk, highly leveraged method of investing that can be implemented with little to no money.
High Leverage
It is highly leveraged because you are able to gain control of a property and profit from it now--even though you don't own it yet. The fact that you don't own it also limits your personal responsibility and liability. Only if you decide to purchase the property by exercising your "option to buy" would you take title to the property.
Little to no money
The investor's cost to implement a lease option agreement with the owner requires little to no money out of pocket money because it is entirely negotiable between investor and owner. There are a variety of ways the option fee can be structured such as an installment plan, balloon payment or other agreeable arrangement between both parties. The option fee can even be as little as .00. In order to secure the property for purchase at a later date, tenant-buyers typically pay a non-refundable option fee of approximately 2%-5% of the negotiated purchase to the seller. Depending on how the lease option agreement is written and structured, the investor could possibly use the tenant-buyer's option fee money to pay any option fee owed to the owner.
Flexible
It is a flexible method of real estate investing because terms of the agreement like payment amounts, payment dates, installments, interest rate, interest only payment, balloon payments, purchase price and other terms are all negotiated between seller and buyer. Responsibilities of both parties are also negotiable. For instance, if the investor doesn't want to act in the capacity of a landlord, he could specify in the lease option agreement that tenant-buyer will be responsible for all minor maintenance and repairs and the original seller will remain responsible for any major repairs.
Financially Low Risk
It is low risk financially. If the property fails to go up enough in value to make a profit, you have the purchased the right to change your mind and let the "option to buy" expire. Even if your tenant-buyer decides not to buy the property, you have profited by a positive monthly cash flow from the tenant-buyer's rent payments and upfront non-refundable option fee.
Let's look at an example of a lease with option to buy structured in a way that the investor profits in 3 separate phases of the investment.
Profit #1 non-refundable option fee
Future sales price negotiated with the current owner is 5,000 with an option fee of 2% of the sales price. Option Fee you owe the owner is ,500. The future sales price you set for your tenant-buyer is 5,000 and the option fee is 4% of the sales price. Option fee the tenant-buyer owes you is ,200. You collect ,200 from tenant-buyer and pay ,500 to the owner and your profit = ,700
Profit #2 cash flow from monthly rental payments
The Monthly rental payment you negotiated with the owner is ,000. You set the monthly payment at ,250 per month for your tenant-buyer. Each month you collect ,250 from your tenant-buyer and pay the owner ,000 each month. Your profit is 0 monthly positive cash flow during the lease period.
Profit #3 is set up when the lease option contract is initially written
The difference in the negotiated future purchase price with the owner and the future purchase price set for your tenant-buyer. Let's say the property goes up in value to appraise for at least 5,000. Your tenant-buyer decides to exercise their option to buy. You buy the property from the owner at 5,000 and then sell it to your tenant-buyer for 5,000. 5,000 - the 5,000 you pay to the owner = ,000 profit.
Of course the key to making lease option real estate investing work, is finding motivated sellers and buyers. Finding these motivated sellers and buyers shouldn't be difficult. The continuing down turn in the real estate market has created a large number of sellers who can't sell their property and also buyers who can't get financing to buy. The seller could possibly get a fair offer to be paid in the future by selling their property to a real estate investor on a lease option basis. A potential tenant-buyer could obtain home ownership without having to qualify through traditional home loan guidelines.
One disadvantage of lease option real estate investing involves the tenant or tenant-buyer possibly defaulting on monthly rental payments. This would make it necessary for the investor to come up with money out of pocket to pay the owner and possibly have to proceed with eviction process. However, there are certain provisions and clauses that can be written into the lease option to deter buyers from defaulting on payments.
If the investor fails to do "due diligence" before entering into a lease option agreement, he could end up with a property that is unmarketable. There could be a number of liens on it, issues involving ownership of the property or it might be in foreclosure. By diligently performing research before entering into a lease option agreement, the investor can avoid these mistakes. A few things the investor could do is-- perform background and credit checks on both the seller and buyer, search public records in reference to ownership and property status, or do a title search.
Despite the few disadvantages, lease option real estate investing continues to be an excellent way to invest in real estate with little to no money and low financial risks. It also remains to be an excellent way to gain control of a property you don't own and create positive cash flow and profits on flexible terms.
Bottom line, the secret to success in today's challenging real estate investing market is to use only the best creative ideas, proven tools and strategies that have been successfully used by other investors to generate cash flow and profit from today's real estate market. The more you understand and apply now, the more you will profit from today's financial crisis.
A lease option contract is a combination of two documents. The lease part is where the owner agrees to let you lease their property while you pay them rent for a stated period of time. During the lease period the owner can not raise the rent, rent it to anyone else, or sell the property to anyone else.
The option part represents the right you purchased to buy the property in the future for a specific price. If you decide to exercise your option to buy, the owner has to sell it to you at the negotiated price. The option part of the contract obligates the seller to sell to you during the option period- but it does not obligate you to buy. You are only obligated to make rental payments as agreed during the lease period.
When the lease option contract is written and structured properly, it can provide tremendous benefits and advantages to the investor. If the lease option includes the "right to sub-lease" the investor can generate a positive cash flow by renting the property to a tenant for the duration of his lease, or lease option the property to a tenant-buyer for positive cash flow and future profits. If the lease option includes a "right of assignment" the investor could assign the contract to another buyer for a quick profit.
Lease option real estate investing, is a flexible, low risk, highly leveraged method of investing that can be implemented with little to no money.
High Leverage
It is highly leveraged because you are able to gain control of a property and profit from it now--even though you don't own it yet. The fact that you don't own it also limits your personal responsibility and liability. Only if you decide to purchase the property by exercising your "option to buy" would you take title to the property.
Little to no money
The investor's cost to implement a lease option agreement with the owner requires little to no money out of pocket money because it is entirely negotiable between investor and owner. There are a variety of ways the option fee can be structured such as an installment plan, balloon payment or other agreeable arrangement between both parties. The option fee can even be as little as .00. In order to secure the property for purchase at a later date, tenant-buyers typically pay a non-refundable option fee of approximately 2%-5% of the negotiated purchase to the seller. Depending on how the lease option agreement is written and structured, the investor could possibly use the tenant-buyer's option fee money to pay any option fee owed to the owner.
Flexible
It is a flexible method of real estate investing because terms of the agreement like payment amounts, payment dates, installments, interest rate, interest only payment, balloon payments, purchase price and other terms are all negotiated between seller and buyer. Responsibilities of both parties are also negotiable. For instance, if the investor doesn't want to act in the capacity of a landlord, he could specify in the lease option agreement that tenant-buyer will be responsible for all minor maintenance and repairs and the original seller will remain responsible for any major repairs.
Financially Low Risk
It is low risk financially. If the property fails to go up enough in value to make a profit, you have the purchased the right to change your mind and let the "option to buy" expire. Even if your tenant-buyer decides not to buy the property, you have profited by a positive monthly cash flow from the tenant-buyer's rent payments and upfront non-refundable option fee.
Let's look at an example of a lease with option to buy structured in a way that the investor profits in 3 separate phases of the investment.
Profit #1 non-refundable option fee
Future sales price negotiated with the current owner is 5,000 with an option fee of 2% of the sales price. Option Fee you owe the owner is ,500. The future sales price you set for your tenant-buyer is 5,000 and the option fee is 4% of the sales price. Option fee the tenant-buyer owes you is ,200. You collect ,200 from tenant-buyer and pay ,500 to the owner and your profit = ,700
Profit #2 cash flow from monthly rental payments
The Monthly rental payment you negotiated with the owner is ,000. You set the monthly payment at ,250 per month for your tenant-buyer. Each month you collect ,250 from your tenant-buyer and pay the owner ,000 each month. Your profit is 0 monthly positive cash flow during the lease period.
Profit #3 is set up when the lease option contract is initially written
The difference in the negotiated future purchase price with the owner and the future purchase price set for your tenant-buyer. Let's say the property goes up in value to appraise for at least 5,000. Your tenant-buyer decides to exercise their option to buy. You buy the property from the owner at 5,000 and then sell it to your tenant-buyer for 5,000. 5,000 - the 5,000 you pay to the owner = ,000 profit.
Of course the key to making lease option real estate investing work, is finding motivated sellers and buyers. Finding these motivated sellers and buyers shouldn't be difficult. The continuing down turn in the real estate market has created a large number of sellers who can't sell their property and also buyers who can't get financing to buy. The seller could possibly get a fair offer to be paid in the future by selling their property to a real estate investor on a lease option basis. A potential tenant-buyer could obtain home ownership without having to qualify through traditional home loan guidelines.
One disadvantage of lease option real estate investing involves the tenant or tenant-buyer possibly defaulting on monthly rental payments. This would make it necessary for the investor to come up with money out of pocket to pay the owner and possibly have to proceed with eviction process. However, there are certain provisions and clauses that can be written into the lease option to deter buyers from defaulting on payments.
If the investor fails to do "due diligence" before entering into a lease option agreement, he could end up with a property that is unmarketable. There could be a number of liens on it, issues involving ownership of the property or it might be in foreclosure. By diligently performing research before entering into a lease option agreement, the investor can avoid these mistakes. A few things the investor could do is-- perform background and credit checks on both the seller and buyer, search public records in reference to ownership and property status, or do a title search.
Despite the few disadvantages, lease option real estate investing continues to be an excellent way to invest in real estate with little to no money and low financial risks. It also remains to be an excellent way to gain control of a property you don't own and create positive cash flow and profits on flexible terms.
Bottom line, the secret to success in today's challenging real estate investing market is to use only the best creative ideas, proven tools and strategies that have been successfully used by other investors to generate cash flow and profit from today's real estate market. The more you understand and apply now, the more you will profit from today's financial crisis.
Watch Tv On Pc - Over 3500 Channels With Satellite Tv Software For Pc
I always thought Satellite TV Software for PC are great, but with the limitation of mobility. You have a great choice of channels, and visual quality, but only when you are home, and your TV is connected to your satellite dish/receiver set. And i always wondered why noone thinks about creating a mobility solution for my tv watching pleasure.
Well, now it's no longer a question, because i have met the greatest software, SatelliteDirect. It simply turns your pc (or mac of course) into a satellite tv, with a really low and affordable one time fee! Of course, the first thing i thought was "it should be illegal to sell so many channels fort his low". But i have checked it, and everything seems to be very legal.
It's very easy to start just visit this website watch satellite TV on your PC.
Now i can watch the games on my laptop even at work. Going to parents-in-law for dinner is no longer a problem for my virtual league, as i can watch and check the scores anywhere i find internet connection. It has no limits for downloads, or channels you watch. You just simply pay the one time fee, which is paid back if you don't like the service, and instantly you have access to over 3500 channels on your pc or mac.
The system is as simple as possible. You register on Satellite Direct, make your payment with your credit card,or even paypal, download the software for your pc or mac,and start watching any of those 3500 channels you like.
I have started using this software for satellite tv last month, last week i cancelled my satellite tv and i will cancel my cable tv before the end of this month, because this software gives me all the services of satellite and cable. I also bought an HDMI cable and connected my laptop to my tv, so now i have the luxury of a big flat screen with HD resolution. Now i am thinking about using my old pc as a set top box to watch TV, thanks to Satellite Direct, all is need is a cable.
Just today we bought another membership for my brother, and he is really happy now that he can watch the games online wherever he is. Because of his job, he often visits Europe and he was always complaning that he can't reach his satellite channels that he has at home, and always used it as an excuse for his looses on our virtual league. Now he has no excuse left, we will see how he really plays.
I know it sounds like a dream come true, but it really is. Remember the days when we had no internet, and paid huge bills for anything like telephony, video conferencing, etc. Now we got internet and the best advantage of the net is that it reduces our costs for anything, now including our broadcasting needs.
As a conclusion, i recommend you give SatelliteDirect a try. The worst thing you loose will be a few minutes. You get your Money back if you don't like it. You will not see recurring bills like your satellite or cable provider on your credit card report. It's easy to install and also very easy to uninstall. Just register here - , pay, download and meet the new era of TV pleasure with HD resolution.
Well, now it's no longer a question, because i have met the greatest software, SatelliteDirect. It simply turns your pc (or mac of course) into a satellite tv, with a really low and affordable one time fee! Of course, the first thing i thought was "it should be illegal to sell so many channels fort his low". But i have checked it, and everything seems to be very legal.
It's very easy to start just visit this website watch satellite TV on your PC.
Now i can watch the games on my laptop even at work. Going to parents-in-law for dinner is no longer a problem for my virtual league, as i can watch and check the scores anywhere i find internet connection. It has no limits for downloads, or channels you watch. You just simply pay the one time fee, which is paid back if you don't like the service, and instantly you have access to over 3500 channels on your pc or mac.
The system is as simple as possible. You register on Satellite Direct, make your payment with your credit card,or even paypal, download the software for your pc or mac,and start watching any of those 3500 channels you like.
I have started using this software for satellite tv last month, last week i cancelled my satellite tv and i will cancel my cable tv before the end of this month, because this software gives me all the services of satellite and cable. I also bought an HDMI cable and connected my laptop to my tv, so now i have the luxury of a big flat screen with HD resolution. Now i am thinking about using my old pc as a set top box to watch TV, thanks to Satellite Direct, all is need is a cable.
Just today we bought another membership for my brother, and he is really happy now that he can watch the games online wherever he is. Because of his job, he often visits Europe and he was always complaning that he can't reach his satellite channels that he has at home, and always used it as an excuse for his looses on our virtual league. Now he has no excuse left, we will see how he really plays.
I know it sounds like a dream come true, but it really is. Remember the days when we had no internet, and paid huge bills for anything like telephony, video conferencing, etc. Now we got internet and the best advantage of the net is that it reduces our costs for anything, now including our broadcasting needs.
As a conclusion, i recommend you give SatelliteDirect a try. The worst thing you loose will be a few minutes. You get your Money back if you don't like it. You will not see recurring bills like your satellite or cable provider on your credit card report. It's easy to install and also very easy to uninstall. Just register here - , pay, download and meet the new era of TV pleasure with HD resolution.
Wednesday, July 25, 2012
The Value Of The Golden Orange-yellow Topaz Gemstone: The "imperial Topaz"
Topaz is such an amazing and diverse gemstone is actually occupies two spots on the birthstone chart, and several years of the anniversary chart. Yellow Topaz signifies a November birth and the astrological sign Sagittarius, and blue topaz vies with Turquoise for December's birthstone.
The beautiful topaz whose name comes from the Sanskrit for 'fire' comes in an amazing variety of colors to match any taste. It is the stone of choice for the 4th, 19th, and 23rd anniversary dates. With all of its amazing diversity it is the "Imperial Topaz" that has the most romantic and mystical qualities thanks to the impact of its regal bearing and royal interests.
The "Imperial Topaz" is always a rich, deep golden to reddish orange-yellow. While it is simply one of the many varieties of topaz "Imperial Topaz" is the stone of choice for investment seekers, and jewelry lovers alike and is the stone for the 23rd anniversary as well as the true topaz choice for November's birthstone. Its rick golden color has a luster unlike any other stone and its hardy nature makes it a natural for jewel settings.
Royal Blood
The variety of topaz that is often called "Imperial Topaz" is named that because pink and red varieties were often used in the crown jewels and other jewelry of the 18th and 19th century Czarinas of Russia. During that golden age of Russian monarchy topaz ruled supreme and was the sign of royalty that few if any people of lesser station could afford.
Durability
The varieties of topaz have a hardness level of 8. Measured on a scale of 1 - 10 with diamonds being at the very top, the topaz is still considered a hardy and durable gemstone that is hard to damage in the course of normal wear and care.
Variety
Variety is the spice of life and topaz has a lot of it. It comes in colors including orange, yellow, brown, light to deep sky blue, pink, white, purple, green, and sparkling clear that is often cut in the "brilliant" diamond cut to resemble it.
Many of the colors of topaz occur naturally but some are created with a man-made heat process to enhance or change the color of the gem. Naturally deep blue topaz hardly ever occurs and is almost always a result of heat treating lighter stones. Pink also is a rare natural occurrence and is usually the heat treated version of yellow or brown topaz.
Location, Location, Location
Not just a real estate saying in the world of topaz the location it comes from means a lot. Russian topaz has a habit of fading over time. The most sought after topaz, and home of "Imperial Topaz" is Brazil. "Imperial Topaz" has the largest deposits in Ouro Preto, Brazil.
Imperial Topaz in Folklore
The mystique of topaz in general and "Imperial Topaz" in particular has captured the imagination of man for centuries. It was once thought to heal many physical and mental illnesses and ward off death. Roman soldiers often wore "Imperial Topaz" to war in the belief it would make them invisible to opponents. Many Romans also believed Topaz could improve eyesight, and ancient Egyptians believed amulets of topaz worn about the neck would prevent injuries.
Imperial Value
The "Imperial Topaz" is one of the more valued stones and can be hard to find. All topaz is tricky to cut and develop because it is prone to cracking while cutting which is often reflected in its price. Topaz is judged by the three 'Cs': color, cut, and clarity just like a diamond. The most important aspect when examining a topaz is the lack of impurities. A clear topaz is more valuable than an equal stone with marks, scratches, or cloudiness.
Care of the "Imperial Topaz"
While topaz is considered a hardy stone that is durable, it is still a fine gemstone that should be treated with reasonable care. The best care for any gemstone is prevention. Don't wear precious gems like "Imperial Topaz" while doing heavy or dirty work. Avoid wearing your topaz jewelry when asleep or playing active sports.
Cleaning topaz should be done with gentle cleaners, not harsh chemicals. While the Russian varieties are most prone to fading with exposure to light sources all topaz should be kept out of direct light and kept from exposure to heat as much as possible.
With proper care your "Imperial Topaz" jewelry will last a lifetime.
The beautiful topaz whose name comes from the Sanskrit for 'fire' comes in an amazing variety of colors to match any taste. It is the stone of choice for the 4th, 19th, and 23rd anniversary dates. With all of its amazing diversity it is the "Imperial Topaz" that has the most romantic and mystical qualities thanks to the impact of its regal bearing and royal interests.
The "Imperial Topaz" is always a rich, deep golden to reddish orange-yellow. While it is simply one of the many varieties of topaz "Imperial Topaz" is the stone of choice for investment seekers, and jewelry lovers alike and is the stone for the 23rd anniversary as well as the true topaz choice for November's birthstone. Its rick golden color has a luster unlike any other stone and its hardy nature makes it a natural for jewel settings.
Royal Blood
The variety of topaz that is often called "Imperial Topaz" is named that because pink and red varieties were often used in the crown jewels and other jewelry of the 18th and 19th century Czarinas of Russia. During that golden age of Russian monarchy topaz ruled supreme and was the sign of royalty that few if any people of lesser station could afford.
Durability
The varieties of topaz have a hardness level of 8. Measured on a scale of 1 - 10 with diamonds being at the very top, the topaz is still considered a hardy and durable gemstone that is hard to damage in the course of normal wear and care.
Variety
Variety is the spice of life and topaz has a lot of it. It comes in colors including orange, yellow, brown, light to deep sky blue, pink, white, purple, green, and sparkling clear that is often cut in the "brilliant" diamond cut to resemble it.
Many of the colors of topaz occur naturally but some are created with a man-made heat process to enhance or change the color of the gem. Naturally deep blue topaz hardly ever occurs and is almost always a result of heat treating lighter stones. Pink also is a rare natural occurrence and is usually the heat treated version of yellow or brown topaz.
Location, Location, Location
Not just a real estate saying in the world of topaz the location it comes from means a lot. Russian topaz has a habit of fading over time. The most sought after topaz, and home of "Imperial Topaz" is Brazil. "Imperial Topaz" has the largest deposits in Ouro Preto, Brazil.
Imperial Topaz in Folklore
The mystique of topaz in general and "Imperial Topaz" in particular has captured the imagination of man for centuries. It was once thought to heal many physical and mental illnesses and ward off death. Roman soldiers often wore "Imperial Topaz" to war in the belief it would make them invisible to opponents. Many Romans also believed Topaz could improve eyesight, and ancient Egyptians believed amulets of topaz worn about the neck would prevent injuries.
Imperial Value
The "Imperial Topaz" is one of the more valued stones and can be hard to find. All topaz is tricky to cut and develop because it is prone to cracking while cutting which is often reflected in its price. Topaz is judged by the three 'Cs': color, cut, and clarity just like a diamond. The most important aspect when examining a topaz is the lack of impurities. A clear topaz is more valuable than an equal stone with marks, scratches, or cloudiness.
Care of the "Imperial Topaz"
While topaz is considered a hardy stone that is durable, it is still a fine gemstone that should be treated with reasonable care. The best care for any gemstone is prevention. Don't wear precious gems like "Imperial Topaz" while doing heavy or dirty work. Avoid wearing your topaz jewelry when asleep or playing active sports.
Cleaning topaz should be done with gentle cleaners, not harsh chemicals. While the Russian varieties are most prone to fading with exposure to light sources all topaz should be kept out of direct light and kept from exposure to heat as much as possible.
With proper care your "Imperial Topaz" jewelry will last a lifetime.
Tuesday, July 24, 2012
How to Buy Mortgage Notes
When you think of a mortgage, you probably think of it as a way to finance the purchase or refinance of a home. Mortgage notes, however, can also be an investment option where you may be able to earn a return on your investment. Buying mortgage notes may also be referred to as hard money lending or private mortgages, where personal money is being used to fund the financing of a property. In exchange for buying mortgage notes, you receive monthly principal and interest payments on the amount of the note until the note is paid in full.
Find and contact a mortgage note broker. Mortgage note brokers or private mortgage brokers act as liaisons between investors looking to buy mortgage notes and borrowers. Use the yellow pages of your local phone book to locate and contact a local mortgage broker to see if they have any mortgage notes for sale.
Write up and sign a legal contract and promissory note. When you find a mortgage note or notes you want to buy, have an attorney draw up a legal contract between you as the mortgage note buyer and the borrower or seller of the mortgage note. A real estate attorney can draw up the contract as well as the promissory note for the transaction, which both the borrower and buyer must sign and agree to before it becomes a legally binding agreement between the two parties.
Establish and fund the escrow account. After all of the terms and conditions of the mortgage note purchase are in writing, you as the buyer must establish and fund the escrow account. This is the account where you deposit the money you're loaning to the borrower for the real estate purchase. The account is managed by a third party so that the doling out of the funds from the account is fair and equitable and in accordance with the terms of the written legal agreement.
Receive your returns on your investment. Each month, on a quarterly basis or in accordance with the terms set forth in the written agreement, you receive your checks from the escrow account, which is principal and interest on your mortgage note investment. This occurs until the note comes due and is paid in full.
Tips
The rate of return for a typical mortgage note can run anywhere from 12% to 15% for a mortgage note buyer.
The escrow account is also the depository for the monthly payments made on the mortgage by the borrower. When it's time for the mortgage investor to receive his monthly payment, the funds are disbursed from the escrow account as well.
Find and contact a mortgage note broker. Mortgage note brokers or private mortgage brokers act as liaisons between investors looking to buy mortgage notes and borrowers. Use the yellow pages of your local phone book to locate and contact a local mortgage broker to see if they have any mortgage notes for sale.
Write up and sign a legal contract and promissory note. When you find a mortgage note or notes you want to buy, have an attorney draw up a legal contract between you as the mortgage note buyer and the borrower or seller of the mortgage note. A real estate attorney can draw up the contract as well as the promissory note for the transaction, which both the borrower and buyer must sign and agree to before it becomes a legally binding agreement between the two parties.
Establish and fund the escrow account. After all of the terms and conditions of the mortgage note purchase are in writing, you as the buyer must establish and fund the escrow account. This is the account where you deposit the money you're loaning to the borrower for the real estate purchase. The account is managed by a third party so that the doling out of the funds from the account is fair and equitable and in accordance with the terms of the written legal agreement.
Receive your returns on your investment. Each month, on a quarterly basis or in accordance with the terms set forth in the written agreement, you receive your checks from the escrow account, which is principal and interest on your mortgage note investment. This occurs until the note comes due and is paid in full.
Tips
The rate of return for a typical mortgage note can run anywhere from 12% to 15% for a mortgage note buyer.
The escrow account is also the depository for the monthly payments made on the mortgage by the borrower. When it's time for the mortgage investor to receive his monthly payment, the funds are disbursed from the escrow account as well.
Monday, July 23, 2012
Some Information About The Typical Bankruptcy Process
As per bankruptcy rules and code bankruptcy filers are required to fill up a set of official forms as part of the legal module enacted to deal with individual debt problems and businesses. Bankruptcy courts have been designated for all districts across the country. These courts are headed by United States bankruptcy judges besides a judicial officer of the U.S. district court. Whether a debtor is eligible to file a bankruptcy or receive a discharge of debts is ultimately decided by the bankruptcy judge and the total administrative functions are handled by a trustee who is appointed to oversee the case. However, it is imperative for a bankruptcy filer to get proper personal bankruptcy advice prior to filing for a bankruptcy. The bankruptcy code outlines procedural requirements for a bankruptcy filing under either chapter 7, 11 or 13. When you are considering filing for a bankruptcy, you should have detailed information of qualification criteria under any of the aforesaid chapters. Here is a brief description of various bankruptcy filing processes.
Chapter 7 bankruptcy process:
When filing for personal bankruptcy, it is pertinent for you to know what is chapter 7 bankruptcy. A bankruptcy under chapter 7 entitles an applicant liquidation and discharge of personal liabilities through an orderly, court supervised procedure wherein the overseeing trustee takes over the assets of the debtor and converts them into cash to repay all the creditors. This excludes certain exempt property for which the debtor has a right to retain. Typically, a chapter 7 bankruptcy does not require the debtor to appear in the court and face the bankruptcy judge unless an objection is raised in the case by some creditor or creditors. But to qualify for a chapter 7 bankruptcy, a debtor must pass the Means Test.
Chapter 13 bankruptcy procedure:
If a debtor fails to pass the Means Test as mentioned above, he does not qualify for a chapter 7 personal bankruptcy but becomes eligible for a chapter 13 bankruptcy. However, chapter 13 bankruptcy laws are distinctly different from chapter 7 bankruptcy laws. While the debtor remains in charge of his property, he is required to repay his creditors in a time period of three to five years by proposing a plan that is approved by the creditors as well as the bankruptcy court. A debtor filing chapter 13 bankruptcy may have to appear before a bankruptcy judge to confirm the repayment plan through a formally arranged meeting at the office of the U.S. trustee which is called the 341 meeting.
Process for chapter 11 bankruptcy:
A chapter 11 bankruptcy process deals with small business enterprises which desire to continue operating their business. The bankruptcy code provides chapter 11 bankruptcy information, according to which the process entitles small business owners with a reorganization plan that is approved by the bankruptcy court 120 days after the business files for a bankruptcy, to repay the creditors. The court has the final authority to approve or disapprove the plan of reorganization. Thus, the debtor usually undergoes a period of consolidation and emerges with much reduced debts as well as reorganized business.
Chapter 7 bankruptcy process:
When filing for personal bankruptcy, it is pertinent for you to know what is chapter 7 bankruptcy. A bankruptcy under chapter 7 entitles an applicant liquidation and discharge of personal liabilities through an orderly, court supervised procedure wherein the overseeing trustee takes over the assets of the debtor and converts them into cash to repay all the creditors. This excludes certain exempt property for which the debtor has a right to retain. Typically, a chapter 7 bankruptcy does not require the debtor to appear in the court and face the bankruptcy judge unless an objection is raised in the case by some creditor or creditors. But to qualify for a chapter 7 bankruptcy, a debtor must pass the Means Test.
Chapter 13 bankruptcy procedure:
If a debtor fails to pass the Means Test as mentioned above, he does not qualify for a chapter 7 personal bankruptcy but becomes eligible for a chapter 13 bankruptcy. However, chapter 13 bankruptcy laws are distinctly different from chapter 7 bankruptcy laws. While the debtor remains in charge of his property, he is required to repay his creditors in a time period of three to five years by proposing a plan that is approved by the creditors as well as the bankruptcy court. A debtor filing chapter 13 bankruptcy may have to appear before a bankruptcy judge to confirm the repayment plan through a formally arranged meeting at the office of the U.S. trustee which is called the 341 meeting.
Process for chapter 11 bankruptcy:
A chapter 11 bankruptcy process deals with small business enterprises which desire to continue operating their business. The bankruptcy code provides chapter 11 bankruptcy information, according to which the process entitles small business owners with a reorganization plan that is approved by the bankruptcy court 120 days after the business files for a bankruptcy, to repay the creditors. The court has the final authority to approve or disapprove the plan of reorganization. Thus, the debtor usually undergoes a period of consolidation and emerges with much reduced debts as well as reorganized business.
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