Brokers Advice ~ Real Estate Whistleblower

Bernie Hassan - Weichert Realty, part of the Problem - or Part of the Solution? Joel Stern and Bernie Hassan.

2010-03-02T12:40:00.008-08:00

So What is Joel Stern - Real Estate Consumer's Ax To Grind with Bernie Hassan, With Weichert Realty and Just How "Silly" is it?

Bernie Hassan - Weichert Realty Says to
Real Estate Consumer Joel Stern:

" Apparently you have an ax to grind and it’s not with me or any of my agents. Clearly by your email and the list of people you are connecting me to have an issue. While I do feel badly about how you were treated you seem to want to make a hard and fast case that the entire industry is corrupt when that is not the case. Again we have been successful with our well trained and managed staff.

All contracts can be written subject to legal review. It is an accepted and worthwhile practice that allows attorney’s to have a say in a client contract after the offer is written and accepted by the seller prior to a P&S agreement where legal counsel has more input.
Maybe you should not be so one way with your thinking.

Bernie "

JOEL Stern's Response to Bernie Hassan

"" Dear Mr. Hassan:

Yes, I certainly do have an ax to grind, not on my own account but on behalf of the countless millions of victimized citzens whose legitimate right to fair and competent representations has been flouted for some 15 years, even since dual agency and other unconscionable practices were foisted on the unsuspecting public by the NAR lobby and its lickspittles in government and so-called regulatory bodies.

Did you actually read Ken Harney’s article that I sent you? If so, you must have seen that the NAR’s OWN surveys over the past decade showed that the GREAT MAJORITY of real estate agents are violating their statutory obligations vis-à-vis clients.

Do you think this happens by sheer accident, or is this pattern indicative of a longstanding systemic problem in the real estate industry, which seems to consider itself beyond all legal and ethical restraint, judging from its deplorable record of compliance with the law?

If the widespread occurrence of statutory violations by agents is not proof of widespread incompetence at the least, or deliberate deception of consumers in the worst case, please tell me what it does mean?

I should mention that unlike in New Jersey, contracts in most states do not require legal review for final approval. And even if this practice were instituted nationwide, do you think the majority of financially strapped citizens have the wherewithal to afford high-price legal expertise to review every contract they sign to purchase a house, a car, or other costly item?

I’m talking here about real life, not about some abstract right that cannot be exercised in common practice, where clients normally rely on the advice of fiduciaries to guide them through complex procedures.

Do you believe that consumers in the housing market are being adequately served by state real estate commissions whose membership largely comprises agents and real estate attorneys affiliated with the industry they are tasked with regulating and punishing in the event of violations?

Since you failed to answer even a single one of the questions I sent to you, but limit yourself to pious generalities about the overall integrity of the real estate industry without producing any substantive evidence for this assertion, I will continue to maintain that the NAR lobby is shot through with corruption and conflicts of interest that have played a major role in precipitating the housing bubbles and ultimately the economic crisis. Your industry is long-overdue for public exposure and an overhaul of its harmful practices. ""

posted here by
Real Estate Industry Whistleblower
Crystal L. Cox
Click here for More on Bernie Hassan and Joel Stern

Crystal COx

Real Estate Consumer Smackdown - Bernie Hassan, Weichert Realty and Real Estate Consumer Joel Stern

2010-03-02T12:40:00.007-08:00

Bernie Hassan Manager of Weichert Realty in South Easton MA - Continues his Real Estate Consumer Smackdown

Bernie Hassan Manager of Weichert Realty in South Easton MA Says,

"" From: Bernie Hassan [mailto:bhassan@briarwoodrealestate.com]
Sent: Tuesday, March 02, 2010 1:12 PM
To: Stern, Joel

I think that you are acting out of anger.

I am not the person who harmed you. I do not even know you. You lash out with threats that if taken wrong could get you in trouble. Why would you threaten me personally?? I do not know you. As I stated before.. we strive for excellence and we do train and manage from that viewpoint.

You may not agree but there are many of us around the country that do. I have issue with the real estate industry as well. I do believe that we need to have better advocates of the consumer of which my company and my agents are. Sorry to hear about your unfortunate situation as I said before. But, threatening someone you do not know is not wise.

Bernie Hassan-Mgr.
Weichert Realtors,Briarwood Real Estate ""

Real Estate Consumers are upset, no one is Listening, if the Manager of the company who harmed you won't hear you where to you go. NAR at a ANY level is NOT listening, State Laws and Federal Laws are Impossible to enforce with NAR Affiliations, E and O insurance and other Billion Dollar Super Powers that NAR is supported by.

No ONE Realtor did not Do this... But ONE REALTOR can be a part of fixing it instead of simply being a part of the Real Estate Consumer Smackdown. Joel Stern is One of Millions of Frustrated Real Estate Consumers, NAR needs to Change and ANY Realtor, especially a Manager of a Chain 0r Franchise such as Bernie Hassan Manager of Weichert Realty in South Easton MA - well they need to make sure of what they are saying to the real estate consumer and what TRUTH or FACT this information is Really Based on. z

GONE are the Days of Real Estate Victims hiding in their homes because of the bad things done to them, no more do consumers have to swallow that jagged pill of Yes I have tons of Proof, Yes the Realtor broke the Law BUT No one will hold them accountable so I will suffer in silence - lose everything and just go away so you can't see my pain and suffering....

Those Days ARE Gone... We Give Voice to Real Estate Victims.

We hear their Cries for Help, We POST their Proof, We post the
documents that Prove the Law was Broken, the Realtor lied and that NAR
will do NOTHING about it at any level and that NAR lobbys for things such
as Mandatory E and O insurance - to make sure they are successful at their consumer smackdown.. and Insult to Injury, years of Fighting you are FORCED to "Settle" to save your life and life of your family and then THEY make you sign something that says you won't talk about it.. .this way other unsuspecting Real Estate Victims will fall into the same trap. This is BULL.

Blogs, Investigative Blogs are HERE and Real Estate Consumers Do have a Voice and these private email smackdowns and threats are no more PRIVATE.

Ok so to the Above JOEL Stern says to Bernie Hassan Manager of Weichert Realty

"" Dear Sir:
I am not engaging in any ad hominem attacks. My whole point in initiating this exchange was to rebut your unsubstantiated claims that dual agency is a viable, worthwhile practice.

By way of concrete example, I pointed out that your company harmed me significantly by defending agents whose ADMITTED actions were contrary to state disclosure statutes. This, in effect, means that Weichert’s management considers statutory violations to be inconsequential.

The public has every right to know about your company’s formal (not merely lip-service) position in such matters, since it has a direct bearing on its treatment of clients and the degree of responsibility it feels toward them.

Your claim that dual agency can be practiced successfully flies in the face of everyday practice, which consistently shows a shocking failure to comply with mandatory disclosure rules nationwide (as corroborated in the NAR’s own surveys, among other studies).

If you can prove me wrong and are able to justify Weichert’s—and the NAR’s—use of dual agency, affiliated business arrangements, and other such one-stop shopping practices, please do so with concrete facts and statistics. Exactly how are you serving the public interest through such practices?

Joel Stern ""

posted by
Investigative Blogger
Real Estate Whistleblower
Crystal L. Cox
More at www.RealtorSucks.com on this ONE
Click Here for More on Bernie Hassan and Joel Stern

Bernie Hassan Manager of Weichert Realty

Tell the Truth, the Whole Truth, and Nothing But the Truth so Help me God. Stephanie DeYoung - Bankruptcy Whistleblower.

2010-02-24T20:23:00.001-08:00

PLEASE READ THROUGH ENTIRE POST -
THE TRUTH YOU ARE LOOKING FOR IS TOWARD THE END.

My name is Stephanie DeYoung. If you want to know more about my involvement in this case, go to my deposition...

http://www.summit1031bkjustice.com/?page_id=2471

Currently, I believe I am the only person who had the priviledge of an all day deposition in front of Tonkon Torp's camera man. Now when I see some of the ridiculous questions I was asked to answer, I still get blown away by their blatant disregard for human rights.

Bankruptcy Corruption

I am the creator of this Summit 1031 Bankruptcy Blog. I am an Industry Insider as an accountant, real estate investor, and an LLC interest holder.

I am also a Whistleblower and an Investigative Blogger.

These new titles were made possible by simply recording and sharing the events that I was a part of with the victims of this bankruptcy proceeding.

http://edlabor.house.gov/newsroom/2009/02/gao-nations-whistleblower-laws.shtml

I have sold this blog to Crystal L. Cox. You may know that she is an Investigative Blogger, Whistleblower and Industry Insider as a real estate broker. She stumbled on my blog and in doing so she has stumbled upon many other cases of Bankruptcy Corruption across our country.

In fact, there are many who have lost everything to this mechanism our government has created as a perfect looting tool. The powers of people like, the attorneys, judges, US Trustees offices, and the politicians keep this highway robbery undercover.

She has asked me to speak the whole truth so here we go...

Below is a story from a person who was a completely unbiased party -

"About the Summit Accomodators- Kevin Padrick Video
http://www.summit1031bkjustice.com/?page_id=254

ABOUT the infamous Padrick meeting video, when I first viewed it I didn't think it all that remarkable. Being ignorant of the facts at the time, I thought Kevin Padrick in this meeting, simply just gave a rundown of what he and his company, Obsidian Finance Group, had been up against in the month previous, and toward the end of the video it appeared that he pitched, with some practiced assurance I thought, how he and his company took pride in cleaning up distressed business situations.

As I began to become aware of the facts and the chronology of events preceding and following this meeting, my perspective changed; I came to see this video in terms of a betrayal as demonstrated by Kevin Padrick's defensive behavior toward the other parties around that table.

I also came to see how this video could be viewed as an embarrassment to the members of Obsidian Finance Group, the attorneys and others working along with Padrick and even the U.S. Bankruptcy Court. The scene viewed from a more informed point of view, whether one is for or against Kevin Padrick, is not pretty. He is, in this performance, much like a house cat spitting up the canary's feathers.

The behavior he resorts to in the video, in regard to the others, is in my estimation, an unnecessary act on his part, but none the less a telling display of the low character he stooped to with his surreptitious behavior toward, what up to that point had been, his employer, Terry Vance, and by extension Summit's Principals who were working their tails off to assist Terry in liquidating assets and wrapping up exchange business.

For me, the most revealing thing about the video was the last thing I learned- that this meeting in Bend was compelled by the Bankruptcy Judge a day earlier in Portland.

The Judge had learned, from a last minute appearance by one of Summit's representatives at a court hearing, that Padrick had not been keeping Summit's owners and the court approved Chief Restructuring Officer (CRO) informed of his actions. Actions that included Padrick's apparently self initiated and unauthorized actions with the creditors.

A little background: the CRO, Terry Vance, was contracted by Summit Shareholder’s (owners) as a part of a “debtor in possession” bankruptcy.

This person, approved by the court, is in charge of all affairs related to Summit’s Chapter 11 bankruptcy, including the contract with the financial consultants, in this case Obsidian Finance Group and Kevin Padrick.

In other words, for all intents and purposes, at this meeting and from the time Padrick and his Obsidian Finance Group had been contracted a month or so earlier, Terry Vance was Kevin Padrick's boss.

Kevin, it turned out, and as shown on the video, was an untrustworthy employee who had some time earlier, perhaps even from day one, made it his job to usurp his boss, disregard his contractual obligations and find his own way within the bankruptcy system, with his knowledge as a former bankruptcy lawyer, to gain the best position he and his company could to take financial advantage of this unfortunate situation.

Simply put, Kevin Padrick and Obsidian Finance were Bankruptcy Profiteering.

The meeting, authorized by Judge Dunn, was to be presented by Padrick to his CRO boss and Summit's owners as a recap of Padrick's (unauthorized) meeting(s) with the creditors, it is important to remember, at that point Padrick, who had been initially contacted by the Summit's owners prior to to the bankruptcy filing, and now managed under contract to the CRO was not in any way beholden to the creditors, other than promises he made them behind his employers back.

In fact by contract, Padrick's and Obsidians role was to assist in liquidating assets, in order for Summit to pay back exchangers/creditors under the Chapter 11 reorganization agreement. His role at the time was not to meet with the creditors, throw his employers under the bus and then back over them again when they complained.

If the person from Summit hadn't of scrambled and jumped a last minute flight over the Cascades to Portland to see what was going on, this unscrupulous employee would have gotten his boss fired and had his unwanted contract made irrelevant (which he succeeded in doing) and the people he screwed wouldn't have heard the backup signal for what it was.

No wonder in the video, one of the first thing heard
from Kevin is his voice crying,"Depose me then."

A comment that took the CRO and Summit's owners
by surprise (they'd merely asked, what's up?),

I don't believe an actual recap of Padrick's meeting with the creditors happened (if he had treated the creditors to the same charm he displays in the video, I doubt Padrick would have gained enough favor to collect gas money for his ride home, let alone be nominated by the creditors for the Trustee position).

It is interesting to note; the only way to compare meetings would be to compare records of both meetings. The closest thing to a record of Padrick's court compelled meeting with the CRO and Summit's owners is the video.

Justice would be served, if by means of discovery in a complaint Padrick lodged with Deschutes County against the video's existence, that a transcript(s) of Padrick's meetings with the creditors in the month prior to this meeting were compelled to be produced- to see by comparison if Padrick was in compliance with the Bankruptcy Court's wishes in providing information on what he presented to the exchanger/creditors.

At the time of the meeting neither any representative, nor the CRO, nor any of Summit's owners were, as far they knew, in an adversarial relationship with Padrick.

They were, as shown in the video, clearly a bit mystified by the lack of communication to accorded to them on Padrick's part. To their knowledge, he and his company were supposedly working on Summit's behalf to assist in liquidating Summit's assets- nothing more.

The video was made as far as the CRO and Summit's owners and their representatives knew, as much to record their comments in regard to each other's relationship to working toward liquidation of real estate assets and full payment to the creditors, as it was to pin down Padrick to what he had been doing the past month in behalf of this endeavor.

The CRO and the owners were at this time, in their minds, still all working with each other toward this end- including Padrick under the CRO's charge- all the parties, as evidenced by the video, were still on the same team. In other words, no body by making this video was implicitly trying to trap nobody.

It was Padrick's defensive demeanor during that meeting that first gave an indication to the CRO and Summit's owners of his newly revealed disposition as not being in concert with their plans to execute this bankruptcy and pay off the creditors.

Later, when the totality of Padrick's subterfuge and ultimate ambition toward gaining the lucrative Trustee position was revealed to the CRO and Summit's owners, then was the negative impact of his behavior to them understood.

They felt (and still do) that Padrick purposely crashed this business, a business that with his cooperation could have been crash landed instead.

A scenario where all exchanger/creditors would have been paid already.

It was, in retrospect, a few weeks after this meeting, that an animosity toward Padrick did arise. Where upon the video, made of that critical meeting, was reviewed in a completely different light.

From my vantage point, absent the eventual revelation of facts in this story, the video could just as well have been made into a marketing tool for Padrick and Obsidian Finance.

To an initiate of this story, like I once was, where Kevin allows himself to speak, the words sound convincing; as one puts the pieces together over time, a discovery is made; those sentiments are constructed on a ruse, his premises are fabricated to support an argument he doesn't and perhaps can't really believe in, and from the actions he has taken since in regard to ridiculously accusing Umpqua Bank for improprieties in its business dealings with Summit, one has to suppose that he was not completely honest with the creditors in their meetings either.

The facts and the truth they represent, is for Padrick in his unscrupulous ascendancy to the role of Trustee in this case, a big problem. Discovering these facts with a need to reconstruct the truth, for the rest of us, is what makes this video so important to this story."

Frank Israel

In the other bankruptcy corruption cases, the money was all gone by the time anyone had evidence to prove the looting had occurred.

As a CPA, I find it absurd that this bankruptcy system has absolutely no accountability built into it. They simply name a trustee and give him or her all the power to loot for many years and tell the creditors and the debtors that it is in everyones best interests' to give up transparency and accountability so that the court can make this move quickly so the creditors get paid back.

You are probably assumming that I just have some sort of vendetta. Well I don't.

I just don't like it when someone says they are working in the best interests' of the creditors, but their actions show otherwise. Pretty simple right!

You promise to take care of my creditors, then your actions should support this. Don't you all feel deceived when someone says they are going to help you and then they kill you?

It goes a step further, they don't service their clients in an accountable fashion. When you listen to the audio, look to yourself and see what you see. What if you were the 200 exchangers that have NO VOICE?

What if you were the debtors who were looking for help to pay creditors back and instead got Kevin Padrick? This is a problem that is much much bigger than this little story here.

There are many United States Citizens who are suffering from the aftermath of these asset rich bankruptcies. That is the Bigger Issue.

For our Nation to ignore this we are lying to ourselves about the ability for our Government to protect our money and our rights. I think it is more focused on their inability to protect our money and our rights.

How many creditors have even been contacted by Obsidian or Kevin Padrick?

How much information have you been given on this case?

In The 1031 Tax Group, LLC bankruptcy case, the Trustee sends out newsletters and lots of other information to this bankruptcy estate's creditors...

See for yourself and go to
http://trustee1031taxgroup.com/

Why doesn't the Summit 1031 bankruptcy trustee have to do the same?

Why aren't they required to be this transparent?

Why are the creditors sitting out there with relatively NO INFORMATION?

In fact, this Summit Blog, www.Summit1031BkJustices.com has more information than any given by Kevin Padrick to date.

Then we have Andrew Moore of the Bend Bulletin writing very heavily weighted articles in Kevin Padrick's favor. Wonder why?

Andrew Moore points out loans being made (this information coming straight from Kevin Padrick). Andrew Moore doesn't write that these loans have been paid off....Oh and the estate got approx 800K from the sale of his highland house.

BUT THANKS Andrew Moore for mentioning the Summit 1031 Blog...117 pages were pulled on Valentine's day. Record for a Sunday!

In a letter by Neuman written either late August or early September 2009 posted at http://www.summit1031bkjustice.com/ — a Web site operated by Neuman's daughter, Stephanie Studebaker-DeYoung — Neuman wrote that “I'm truly sorry for the pain it has caused all of the exchangers. I can only sincerely hope and pray that the assets we provided and any other monies available will result in the exchangers being made whole.”

I have to give you credit Andrew Moore for ending the article with the TRUTH...

"Bend resident Jack Robson, a creditor who initially lost roughly $50,000, says he thinks the return would be greater if there weren't so many attorneys involved. But he's not upset with Summit, he said."

“At the end of day, some people have lost a good portion of their retirement, and that sucks, but there is no malice involved in my experience,” Robson said. “They made poor decisions, and certainly who would have thought this would have been a possible outcome?”"

A ton has happened since my last post which I will share with you now. However, I think we need to first pay attention to the timeline and sequence of events...

1/1/08 - Summit 1031 held approximately $100 Million in exchanger funds. Of this $100 Million, approximately $73 Million was in Cash and $27 Million was in the form of Short-Term loans to various LLC's holding real property.

These LLC's had many investors (106 to be exact). Andrew Moore from the Bend Bulletin repeately says they had 100 or so LLC's. Well you would think an investigative reporter would get the real numbers right? Can't blame poor Andrew, he is influenced by the power and money of Kevin Padrick, so he reports what Kevin Padrick wants the people to hear.

There were only 30 or so LLCs holding real property that Summit Principals had an interest in. The other LLC's they keep referring to were set up to do reverse exchanges.

The Summit Principals had ownership interest in these LLC's only as Qualified Intermediaries. Meaning these LLCs held exchanger properties only. A separate LLC is set up for each reverse exchange.

So we are really only talking about 30 LLC's. All these LLCs had multiple members. The LLC's were liable for the short-term loans from Inland and understood there were responsible for interest and payoffs. Many of the loans Andrew Moore Mentioned in his most recent reporting were all paid back with interest.

Why doesn't Mr. Andrew Moore report this? Well Kevin Padrick wants the public to think these monies went out and never came back in...then you will stay mad at the Summit Principals.

DID YOU KNOW KEVIN PADRICK WAS,
EFFECTIVELY, HIRED BY SUMMIT PRINCIPALS
PRIOR TO SUMMITS FILING
CHAPTER 11 BANKRUPTCY
ON 12/18/08?????

Around 12/7/08 - Kevin Padrick meets with Summit Principals - Well yes they did.

You see Kevin Padrick met with the Summit principals in early December 2008. By talking with the Summit Principals about this meeting, it looks like Kevin was more than willing to help them with their liquidity crisis.

Kevin Padrick said his company, Obsidian Finance Group, LLC, was the best at helping save distressed businesses like Summit Accommodators, Inc. Good news right?

Kevin Padrick said he had partners with DEEP POCKETS who would help fund the short-term liquidity issues. At this meeting, Summit Principals explained the business of short-term lending, told Kevin Padrick about the properties they were willing to hand over and about the $14 Million of cash that was in the Summit bank account. At no time during this meeting did Kevin Padrick even mention the words fraud, ponzi scheme, embezzlement, or illegal.

After this meeting with Kevin Padrick, the Summit Principals approached Summit 1031's bankrupcty attorneys, Sussman Shank, with the posibility of contracting with Obsidian Finance since they seem to be the best has helping distressed businesses.

Sussman Shank agreed that it would be a good idea to contract with Kevin Padrick and his company. However, the contract should be signed after a Chief Restructuring Officer is put into place (after they filed bankrupcty)

12/18/08 Summit 1031 filed for Chapter 11 bankruptcy - DIP "debtor in possession" reorganization. In this type of bankruptcy a Chief Restructuring Officer is named and he is the "acting boss" of the reorganization to payback the exchangers.

It wasn't until the bankruptcy was filed and Terry Vance was named CRO, that the official contract to hire Obsidian Finance Group, LLC was signed by Terry Vance and Kevin Padrick.

"Click Here to See Contract Between Obsidian Finance Group & Summit 1031"

The Summit Principals chose a Chapter 11 Bankruptcy because they thought this was they way their creditors would get paid back quickly according to their attorneys and according to the financial consultants at Obsidian Finance Group.

12/19/08 - end of December 2008 - Summit Principals gathered all the information and willingly gave it to there supposed saviors, Obsidian Finance Group. Ewan Rose, said thanks, we will get you our proposal within the week. No proposal was ever delivered.

Early February - Kevin Padrick makes a presentation to the Creditors' Committee. What? Thought they were supposed to be getting the proposal to the debtors NOT the creditors??? Jeez this stuff is so confusing.

2/11/09 - Summit 1031 Bankruptcy Hearing where Creditors' Committee is pushing to replace Terry Vance as CRO with Kevin Padrick as CRO. Lucky for Kevin Padrick, at this hearing Judge Randall Dunn 's idea to resolve the matter at hand is to appoint a liquidating trustee.

It wasn't until yesterday that I received the legal document from The 1031 Tax Group, LLC case that says, "The appointment of a chapter 11 trustee is an extraordinary measure". After going back and listening to the audio from this hearing, it seems to me that this appointment of a chapter 11 trustee was originally presented by Judge Randall Dunn.

DON'T Miss Clicking Here for the Audio - Click Here for Judge Randall Dunn Abruptly decides to Appoint a Trustee

Kevin Padrick has stated in his declaration under penalty and perjury that Doc 551 "8. Ms Studebaker-DeYoung has also posted on her website what appears to be an audio recording that she made during an official court hearing proceeding, in violation of Court local rules"

"Click here to find out directly from the US Clerks office that I did properly order this audio"

From Transcript:

"Judge Dunn - Let's talk about the joint motion of the debtor and the official committe of unsecured creditors to substitute Obsidian Finance Group LLC for Mr. Vance as Chief Restructuring Officer and I have a limited objection from the US Trustee, requesting some additional time to see if this is the proper road or whether I ought to be appointing a chapter 11 trustee and I have a middle ground suggestion for the parties consideration and we may not get there today...WHY DON'T WE APPOINT OBSIDIAN AS TRUSTEE????

Ms. Vivienne Popperl (attorney for US Trustee) - Sorry your honor but that is a decision for our office to make.

Judge Dunn - I understand that so I am throwing it out as something that you should consider.
Ms. Vivienne Popperl - We will certainly consider that, but at this time we're very concerned about who is really directing this case. At the moment it appears to be the professionals.

Judge Dunn - It doesn't appear that way, there's no question the professionals are directing this case. There's no one else in the driver's seat.

Ms. Vivienne Popperl - Which is why we need a trustee and that is why we request a little extra time to get a motion and appropriate memorandum before the Court and we certainly will consider Obsidian, but we will consider other canidates as well.

Judge Dunn - Well, well, that's fine, but I'm not sure I need additional memorandum. I think that needs to be discussed with debtor's counsel and Obsidian and the committee and see where we come out. I understand why you would move for appointment under section is it 1112, whatever section and I'll ??? with that. But I think the parties should talk and do what makes sense here, but certainly if the creditors' committee has evaluated Obsidian's work to date and their potential for future work...that's going to weigh strongly in the Courts consideration in terms of the interests' of creditors and I do agree that we need someone clearly in control of the ship of state?? that is functioning in effect as a trustee would so in the absence of further direction I really would like to see Obsidian named as chapter 11 trustee, but I leave that for the parties to argue out.

Ms. Vivienne Popperl - Well then would the Court entertain an oral motion directing the US Trustee to appoint a chapter 11 trustee or do we need to file a written motion?

Judge Dunn - Well I want to here from the parties and their respective positions on that, but I don't want to trample on the US Trustee's office perogatives either so if you would be offended by such an order based on an oral motion, I'm not going to do it, but I just am suggesting that it makes sense to consider it. Mr. Padrick's here...Is Obsidian oppossed to serving in the position officially as chapter 11 trustee.

Kevin Padrick - No Your Honor subject to the parties desires.

Judge Dunn - Right so that's something I want the parties to talk about and consider because frankly at least my review of the situation with respect to the case as to what's going on...having Obsidian functioning officially in the position of chapter 11 trustee solves a multitude of problems, but what do I know?"

Steve Hedburg (Lead Attorney at Perkins Coie and worked under Kevin Padrick at Miller Nash back in the day) - Steve Hedberg seems up to help out with the appointment of Obsdian no matter what other's concerns are due to the vote on the creditor's committee. This committee is only made up of about 5% of the creditors. Did the group of creditors understand the ramifications of converting to a liquidating trust? Steve Hedberg rambles on about how creditors are voting for Obsidian no matter what guidelines are followed Obsdian will be trustee.

I can't even spend the energy typing the rest of this now. BUT I did run into another interesting tidbit of discussion between Ms Vivienne Popperl and Judge Dunn...

Cont. Transcript...

"Ms Vivienne Popperl - Your Honor I’d just like to bring to the courts attention that the Court had been granted an oral motion. I want to make sure that the Court feels comfortable having done it with no notice because 1104(a) does say that a request of a party in interest or the United States trustee, and after notice and a hearing, the court shall appoint a trustee - WELL THAT DIDN'T HAPPEN NOW Did it?

They act as if they are following the procedures, but they willy nilly throw them out the door when they don't fit their agenda. Is this whate they mean by Highest Fiduciary Duty.

DON'T Miss Clicking Here for the Audio - Click Here for Judge Randall Dunn Abruptly decides to Appoint a Trustee

Here Ms. Vivienne Popperal is referring to Title 11 U.S.C US Bankrupcty Code Section 1014 (a)

§ 1104. Appointment of trustee or examiner

(a) At any time after the commencement of the case but before confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court shall order the appointment of a trustee—

(1) for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor by current management, either before or after the commencement of the case, or similar cause, but not including the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor; (didn't apply to Summit, unless they are talking about Sussman Shank and Obsidian Finance??)

(2) if such appointment is in the interests of creditors, any equity security holders, and other interests of the estate, without regard to the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor; or (this is very arguable)

(3) if grounds exist to convert or dismiss the case under section 1112, but the court determines that the appointment of a trustee or an examiner is in the best interests of creditors and the estate. (doesn't look like it applies to Summit)

Please See Attached. It also says "The appointment of a chapter 11 trustee is an extraordinary measure" and the it "should be the exception, rather than the rule". "The decision to appoint a chapter 11 trustee is a factual determination entrusted to the discretion of the bankruptcy judge".

I bet the US Department of Justice knows
this proceeding did not follow the legal procedures.

After listening to this circle of players go on and on about replacing the Chief Restructuring Officer, Terry Vance, with Obsidian as Trustee. Seems everyone is in agreement right? Only Brian Steven's attorney, Foraker seems to be mind boggled by the happenstance of this hearing.

Who was representing the Debtor? Who was representing the 200 creditors?

They decided this in a matter of moments and they seemed to all really like the idea. Why follow any procedures? Who cares about who is doing the job? Who cares about anybody? Seems like they are havin a good time entertaining themselves with how do you get Obsidian in Control of the Estate and the Assets???? For my common sense brain this is So Confusing.

In Sharon Steel Corp "the standard gives the.... court discretion to appoint a trustee when doing so would serve the parties' and estate's interests". In Ionosphere Clubs, Inc. the standard for appointment of a trustee should be...... "facilitation of a reorganizatoin that will benefit both the creditors and the debtors".

Courts have considered several factors including "the benefits derived by the appointment of a trustee, balanced against the cost of appointment".

It seems to me this was a rather rash decision and it was happening no matter what happened at this hearing. What are your thoughts?

Did you think that was it??? No there is more...

As you can hear for yourselves, the Judge says we can have this presentation...

I worked out the schedule with Kevin Padrick & the Summit Principals to hold the Presentation at the Summit Bend Office at 10:00AM on 2/12/09. Kevin Padrick was an hour late to the presentation. There was much discussed about the bankruptcy proceedings during this hour of waiting amoungs some other fun chatter. I forgot I had the camera on the webcam for the duration of Kevin Padrick's tardiness.

There is no way I could have scripted the discussions and events that occurred. I like that it is an accurate representation of what what going on at that point in time and how there was a HUGE disconnect between what Terry Vance and the Summit Principals knew and what the Portland courtroom was basing motions and orders on.

Why weren't Terry Vance and Summit Principals able to have their own say about appointing a Chapter 11 Trustee. Susan Ford did not represent Terry Vance, she just spoke for him.

Also why is there not a conflict of interests for the Debtor's Attorney, Sussman Shank, to serve as counsel for the Liquidating Trustee, Kevin Padrick??? Seems a slight conflict, but what do I know.

The Hearing was on 02/11/09.
We had the presentation on 02/12/09.

The night of 2/11/09 I researched on the internet about this type of situation where I ran across the recording of court authorized meetings that were semi-public (Since Judge Dunn said all interested Parties would be interested in this presentation and from this, I believed I was able to come that it was a semi-public meeting. You can record a semi-public meeting if the camera equipment was not concealed. I did not conceal the camera equipment.

Kevin Padrick reported by so-called "illegal recording" to the Bend Police department in July 2009, just after he noticed it was on the Summit Blog. After some investigation and checking with my attorney we found out the investigation was going nowhere.

On January 5, 2010 I received notice that I was being charged with 2 misdemeanors of "illegal communication" related to the recording and the divulging of this recording.

Besides the fact that the investigation is stale, there are a few issues that seem fishy regarding why the DA incorrectly filed this claim.

A. The officer thought I told him, in July 2009, that I set up the recording computer in the "middle of the conference table". The officer apparantly next, thinks he found an inconsistency because he said it was readily apparrent that I set up the device on the "back counter behind the Summit Principals."

I think the officer erred twice here.

1. The device was facing Obsidian (the three people who are complaining (Kevin Padrick, Ewan Rose, & Ryan Norwood) - thus it was unconcealed, even by the officer's standard.

2. The officer did not follow me (comprehend me (understand the importance of what I was saying)) when he interviewed me 4 months after the recording, in that he did not correctly quote me where I told him how the computer was set up. My own package of evidence should have jogged his memory.

B. Padrick, Rose, and Norwood were the only individuals interviewed by the officer besides me.

It seems that an unbiased officer (or rather an officer that was not being harangued by some powerful attorneys) would have interviewed Terry Vance and the other people who saw where I set up the computer.

It looks like the first Deschutes County Deputy, likely contacted by Obsidian Finance, probably closed his investigation without criminal finding against me. Obsidian next pushed the Bend Police officer to follow up over 5 months after Padrick's initial complaint.

Next, the officer passed the buck (not a common practice) to the District Attorney's office without a citing or closing the case.

Next, because the District Attorney's office (who also probably initially declined the case) to follow up. In other words, in all likelihood, at every step of the process, Obsidian had to resurrect the case, that otherwise would have remained close, by pressing things.

Don't pass up clicking the links below
they tell the rest of the story.

Part 1
http://www.megavideo.com/?v=F6Y3A7FZ

Part 2
http://www.megavideo.com/?v=QN1DNBUL

Transcription

Part one:

Tim: The big thing is that you get the sound not so much the picture.

Stephanie: Ok, and so is it.

Brian: Is Kevin not coming here?

Tim: No, he’s coming here.

Stephanie: He’s just running late.

Tim: Ewan and Ryan are here already.

Stephanie: Here. Jan. Jan.

Stephanie gives the camera to Jan.

Brian: My attorney, two days ago, said it is a done deal. Obsidian is going to be - and start working on a relationship here. I was like; I mean what a change yesterday.

Tim: They made that change.

Mark: Well, I kind of got a little bit of the same thing…yah know. I just said, I am not in favor of these guys, I don’t trust them. I don’t trust them a bit. They are expensive as hell. They haven’t shown us one thing and he’s (Bankruptcy Attorney) kind of giving me the, “O.K, well I could say that”, yah know, “Are you sure you want me to say that?” (Mark to the attorney). You guys are screwing us anyway on everything, so whatever.

Stephanie: But the main thing is that the Judge can decide, right? So he (Judge Dunn) has the ear of the committee right now and the committee wants these guys (Obsidian), so unless there’s some good reason why…

Tim: Yeah, and we just need to be very objective in our analysis of it and...

Stephanie: Yes, we can’t be. Yah know…it’s just gotta be…here’s the deal and look at this in the business way of why it will not work or why it would work.

Mark: I think unless they got something…I don’t know what they could have.

Stephanie: But the $100,000 is considered a retainer that you guys paid so it’s not gone and it would go towards whatever or it would be refunded. I asked the Judge!

Brian: Well most of it’s gone.

Mark: Most of it’s gone.

Stephanie: Most of it’s gone already?

Mark: Yah, they’re going to get paid. They’ve already agreed.

Brian: It’s was like $60, probably like $80 now.

Tim: Oh, do you know that?

Brian: I heard them say $60 and after this hearing, this meeting here and you’ve got three guys here, yah know

Mark: Yah, that thing is not going away.

Jan: Well is it like anything else? Upfront they say what all this is going to cost so that at the end you’re not going, ok that’s the bill? Where is it that you can…?

Mark: They need to do a budget. How do you do it without a budget?

Jan: …say give us an estimate?

Stephanie: The thing is so...Vivienne is going to…I need to contact Vivienne with our concerns and what things we have today ASAP so that is our only focus – K?

Mark: Do you have Obsidian’s agreement? I meant to grab it…

Brian: I bet you I do?

Brian leaves the room

Tim: I have it. Just one copy of it, but.

Mark: That’s ok; I just need it for…

Stephanie walks around the table.

Tim: I mean this is all we have is kind of this outline…it’s very little detail.

Mark: No, no, no their…Oh, oh yah, yah…that’s what I want.

Jan: Brian’s got something he is holding...

Brian comes in

Stephanie: This has a camera on it. You need to leave this and tell them not to mind this. I already asked Terry and he said fine, bring it in.

Jan: OK

Mark: Is it really pointed in the right direction.

Jan: So this is taping now?

Stephanie: Yah, it’s taping now.

Brian to Tim: You know what I don’t like about this agreement…was just this one paragraph here about. That they are supposed to be engaged by the company and giving us…

Stephanie: Brian can you sit over there?

Brian: Do I get to be on TV that way?

Stephanie: No, do you want to be on TV?

Brian: No.

Jan: We want them to be on?

Stephanie: Yes.

Jan: Ok. Steph, do you want to sit here and I can sit?

Stephanie: No.

Mark: Make sure Lane sits there.

Brian Leaves

Jan: Tim’s very calming.

Stephanie: Yah, I know.

Tim. But yah know, when I am on the edge, when I flip over, I’m not pretty.

Laugh

Tim: Mark’s probably seen me a couple oft times, but yah know, I can go on a rant pretty easy.

Mark: I don’t mind it if it’s not directed at me. When it’s directed at me, I don’t really like it that much.

Laugh – Stephanie Leaves

Mark: This is the paragraph that concerns the hell out of me.

“It is not one of OFG’s right to be paid from the Summit Estate for all matters not directly related to the assets such as general services, tax related services, including claims mitigation and claims and distribution calculations.

Further, all services not directly related to the collection of the assets such as providing testimony, responding to subpoenas and other forms of discovery participating at the request of the advisory committee and any other groups and sub-groups of creditors in identification of third-party claims shall be OFG’s standard.”

Terry Vance Comes In

Mark: And my question is - What’s the budget there? You must have estimated what this is going to be.

Jan: Yeah get the number, what’s it gonna cost?

Mark: That could be a huge number, but I am still saying, just by landing this job at 15%, doing nothing but listing all this with realtors. If you say the cash proceeds are $10 Million, it’s almost $1 Million bucks for doing nothing. They don’t have to do anything. It’s already whatever it’s worth. It’s built in. Just for accepting the offers. Terry, if I’m in jail on August 14th, are you going to call and wish me a happy birthday?

Terry Laughs

Mark: You should.

Terry: Send you the proverbial cake?

Mark: Yah

Stephanie: So, do you think you could attend?

Terry: I can do anything I want

Stephanie: I want to know if you want to attend.

Terry: Well, it’s going to be interesting.

Stephanie: I think it would be beneficial if you attended.

Mark: I think it keeps it real honest.

Terry: That’s an impossibility!

Mark: Laugh, ok…

Terry: Maybe it will improve my perspective.

Jan: Do you think somebody needs to be writing anything?

Stephanie: I am. I’m typing.

Mark: I am too.

Terry: Do you got it on now?

Stephanie: Yah.

Terry: So you’re just recording it right?

Mark: You being here it just helps with accountability.

Jan: Enough people are here listening.

Mark: Is Kate (Brian’s daughter) coming? Did they invite Kate?

Kate Enters

Stephanie: She is trying to find me.

Kate: Oh, there you are.

Kate gives Stephanie Coffee

Stephanie: Thank you.

Jan Leaves

Terry: Who are we waiting for?

Tim: Kevin, I think?

Stephanie: Kevin. He said he was caught in Sunriver due to the snow.

Mark: Apparently, he is not very experienced in snow.

Stephanie: Or maybe...he might have been driving back this morning. I couldn’t tell.

Terry: He doesn’t drive, I don’t think.

Stephanie: He doesn’t?

Tim: He flies.

Terry: He flies.

Stephanie: Oh, maybe he was flying back this morning.

Mark: Maybe, there’s fog down there.

Tim: Quite often.

Mark: That could be. Seriously!

Stephanie: He said 10. Oh it’s 10.

Mark: Well you guys…do you just feel like nothing is true in life after Arod? Can’t trust anybody!
Jan Enters

Tim: Baseball, its.

Mark: Miguel Tahatta pleads guilty to lying about his teammate using steroids.

Tim: I think America’s pass time needs to become Lacrosse

Terry: Yep.

Tim: Much premier sport.

Terry: Yep.

Jan: And the Phelps thing just makes me so mad.

Tim: Baseball has effectively de-throned themselves as America’s pastime.

Terry: They sure as hell have, haven’t they? They’ve pretty well killed themselves.

Mark: But you know.

Terry: Any I thought Selig comments were really stupid.

Tim: I never thought him to be much of a leader.

Mark: Who Selig. Yah, he sure gets paid a lot of money for leaving an all star game in a tie.

Terry: No kidding.

Mark: You can’t do that. Yah, you know….I don’t know. You gotta just go we’re cleaning this up. You gotta take that error and just go we can’t count this error or anybody…

Terry: Who the hell cares? I mean realistically. How do you know Babe Ruth wasn’t on something rather than just the bottle?

Tim: Cigars and bottle.

Laugh

Terry: Exactly.

Tim: Because they didn’t have synthetic steroids then.

Mark: I don’t think I’d care if it didn’t make such a significant difference in their performance. I mean all of a sudden, these guys are hitting 70 or whatever home runs a year and stuff.

Jan: Laughs

Mark: You can take these guys and look at them and go Ok this isn’t right.

Terry: Who’s that character from the Denver, Broncos? Oh a Romanosky…Jesus…I mean he was one of the first, I think?

Tim: Was he?

Mark: I think all the Steelers were and they’re all dead. That’s what you get.

Brian and Stephanie Enter

Tim: Don’t leave the Raiders out of that discussion.

Mark: No, no.

Stephanie: He’s running another 10-15 minutes late.

Stephanie picks up the laptop and is working on it

Mark: You know what they are doing today…this is just mind boggling. The South Carolina detectives…they’ve arrested 8 people.

Jan to Stephanie: So this thing has a camera on it…oh yah…there we are.

Part Two

Stephanie sets camera up on back counter and situates it.

Mark to Stephanie: So you think…I mean Vivienne is a pain in the ass!

Stephanie: I think she’s OK. I mean she came and searched me out.

Mark: But, but Vivienne…whispering…

Stephanie: The only thing I am concerned about is that it is taking so much time already.

Mark: It’s taking so much time. I am going to put that back on Susan (Susan Ford of Sussman Shank). I mean it’s like you haven’t even set up a Conduit for us to transfer assets. In fact, you said no.

Terry: Well part of the reason for that was to make sure there was some stipulation or agreement by the creditors’ committee. That they weren’t just going to start attaching everything. That’s all part of the 105 Injunction.

Mark: So was there any talk yesterday about the whole Tennant thing.

Terry: That’s where the biggest problem is in terms of blocking this whole mess. As far as I’m concerned it came right out of the creditors’ committee, of which, Obsidian has been totally responding to the creditors’ committee.

Mark: Right.

Stephanie: Right, but the Judge seemed to say that unless you guys…basically the creditors’ committee convinced that Obsidian will do the job they say they are going to do and they’ve given them a presentation and they had a vote.

Mark: I talked to one of them…well I didn’t but that one (creditor – Rolland Andrews) – Scott (Scott Adams) said he was going “At that presentation they gave us some bull shit. They are expensive as hell. I don’t even understand what all these people want.” He’s on the creditors’ committee and he sees it.

Stephanie: So anyhow, we have to figure out a way to get this (whole mess) into the right hands if we can.

Jan: Seems like the person or the party who’s spent the most time actually hands on knows the most and should be…

Stephanie: And Susan did agree with…I said that Terry has a working knowledge. He’s been working there (Summit) day in and day out trying to find out what’s going on here.

Jan: I mean that’s a slam dunk. He knows more…

Stephanie: She (Susan Ford) reiterated the same thing and no one seemed to have a problem except this Tennant group because they can’t get what they want

Terry: Exactly.

Stephanie: So now they want to just appoint a Trustee so that they can just to get things going.
Terry: You know it would have been a long time ago if they would have just gotten out of the way.

Mark: How come no one brings this up at the hearings?

Terry: I don’t understand that.

Mark: Why do we have attorneys who sit there and can’t even bring it up as an issue?

Jan: It makes you feel like you should be present at all of this stuff if it’s in Portland.

Stephanie: Well that’s why I think…I don’t know…be there because when I went there the attorneys did bare minimum for you guys.

Tim: How long was the hearing, yesterday?

Stephanie: An hour and…

Terry: Did they even address the injunction?

Stephanie: K what’s what’s…No. I don’t think so.

Terry: The original reason for that meeting or the hearing yesterday was to rule on the injunction…

Tim: To extend it.

Terry: Well extend the TRO and figure out whether…

Stephanie: They did it. They did do an extension of the TRO. Then the talked…the only things that they had on there was that and whether to get you (Terry) out and Obsidian in.

Terry: Well I guess the extension was the TRO. I’m not sure of the injunction.

Mark: You know Bob (Bob Vanden Bos - Mark’s bankruptcy attorney) calls me up yesterday and says, “Well I need to know if you agree to extend the injunction or not. What do you want me to do?” Do I have a choice Bob? “Well if you say no, they’ll just do this and that.” Why are you wasting your time calling me and asking me anything?

Tim: He has to sign it.

Mark: I know it’s just a ridiculous conversation we’re having right now. I get tired of you asking me all this shit that I don’t have a choice on.

Stephanie: Well so anyhow he gave me something to sign that would give me power of attorney to do whatever

Tim: Who, Bob Vanden Bos?

Mark: Well I’m not sure that’s a good thing.

Laugh

Terry to Mark: You gave her power of attorney?

Tim: Now we have a whole different worry.

Laugh

Stephanie: He’s all – “Are you sure you want this job?” I said, well I don’t know.

Tim: I got a whole new worry now.

Stephanie: Whatever.

Mark: Yah at the next hearing we’ll have the Santa Rosa police there going “Let me tell you about this one.”

Stephanie: Hey, if I wouldn’t have gone there yesterday this would have gone through the Trustee (US Trustee) quick and you guys have no say.

Jan: And what’s it looking like to them when nobody is there to…I mean does it look like…well I guess they don’t care and their not.

Tim: Why can’t we get better advice from our attorneys?

Jan: It’s frustrating that way.

Mark: I mean we pay them a lot of money and…

Stephanie: When Bob called me back after I told him why I need to be there (at the hearing) and he said “OK” and he got off the phone and he talked to Summit’s bankruptcy attorneys and they said “It wouldn’t be a good idea she comes…they are going to choose Obsidian anyway. There’s just no way.” I said you know I have been told…

Mark: Susan is such a…she can be pushed around.

Stephanie: It was the guy attorney.

Tim: Oh, Tom (Tom Stilley)

Mark: Tom

Stephanie: I said - Ok I have been told several times by attorneys what will and will not happen and I don’t believe that they always know and so I am going to go down there and
I want to at least be there present so that if there is a chance and something happens, great, but if nothing happens then I don’t lose anything.

Jan: You have to try.

Mark: I think there is a pattern of what they tell you is going to take place…they’re wrong every time so why do we…

Tim: They’re guessing and they control things in a controlling environment.

Stephanie: My experience is with attorneys is they always tell you what is bad that is going to happen and sometimes it does and sometimes it doesn’t.

Terry: Do you have considerable experience?

Mark: Yah, there you go Terry. Good question.

Stephanie: That’s why I’m not scared to go over there.

Tim: Terry, don’t go there.

Laugh

Mark: You don’t want it to get dark.

Laugh

Tim: You know I did this stuff with the trucking company that filed bankruptcy, we used Barry at Sussman Shank and he said, “I understand there wasn’t a criminal aspect and I understand there wasn’t the amount of money”

Mark: Well let’s bring Barry back.

Tim: He said “You go and you explain openly to everybody where you’re at and what you’re trying to do and that you’re doing the best that you can. If anyone has questions for your attorney, have them call me.” I think my retainer for their services was $5,000 and he gave me $250 back when it was all done. Granted it wasn’t the scope of all this, but it’s…what diffused a lot of people was me saying look I’m not running away, I’m doing everything I can to take care of this problem and you know you can fight it but al it’s going to do is throw us in bankruptcy. Well, of course, we are already in bankruptcy but it seems to me like that face and saying…

Mark: Nobody knows that we’re not running away.

Terry: And because the Judge quoted directly from my affidavit at the previous hearing regarding…then and he asked both the creditors’ committee and Susan and Tom, “Why the hell we can’t get something done. It says right here…Mr. Vance said right here that the debtor…all of the principals are cooperating to the best of their ability and they’re willing to make every effort.”

Stephanie: And they reiterated that yesterday too.

Mark: But that’s who they aught to be asking…Susan…because I just don’t believe she takes charge of this. She gets moved around by everybody and I even saw it that day with Vivienne where she just buckles.

Stephanie: She did do an OK job presenting and she validated the points I had brought up as far as you (Terry) and the work you’ve done. She reiterated it with the Judge. She kind of supported me up there when I wasn’t yah know but…I don’t know. I don’t know what their job is exactly to do.

Mark: Their job is just to get paid.

Tim: I think that’s another reason why we have to be there, if not for ourselves, it also holds her accountable, but it also gives her something to support instead of just going with whatever direction things seem to be going.

Mark: I think you’re right. I think it holds her accountable while we’re there.

Stephanie: And the Judge seemed to want to get this resolved quickly. Like sooner than this date..they set a court date for the 20th…Umm…

Mark: It’s the end of the extension of the TRO.

Stephanie: Right, but he wants to figure out the trustee deal prior to that except for Wednesday.

Terry: Except for Wednesday?

Stephanie: He’s gone Wednesday or something.

Mark: You know one of my biggest fears is that…like in these LLC’s…that all of our partners who are innocent parties to this whole thing just get run over. That’s just a huge concern to me.

Terry: Run over by?

Mark: By whoever the Trustee is…they just go into these LLC’s and they want you to just sign your rights over and then we get control and we do whatever we want. I just want someone with the best results…

Terry: Well isn’t that defined in the operating agreement, though?

Stephanie: It is.

Mark: Well yah but my attorney is going…well no you know there’s operating agreements…I pointed out…

Stephanie: But their going to get in default.

Mark: I pointed out that like on Smith Brothers…if I assign it, I don’t have any ownership. I want to ask Kevin specifically about Smith Brothers…I’m going to ask him about Century Drive Mobile Home Park…If he knows that if we assign our interests’ that it immediately puts them in default.

Stephanie: I asked him about that and he kind of pushed it aside, but said that “There are ways to deal with that.” So I want to know exactly what ways you say there are to deal with that because he says, “The seller doesn’t always get the property.” How do they not when you’re in default?

Mark: When I look at Century Drive Mobile Home Park…it’s like ok…put it on the market…can we get anything for it? Why are you putting it at risk if we’re cooperating…just leave it where it’s at…let’s see if we can sell it for an amount to get some money to the creditors.

Tim: And preserves the interests’ of our partners.

Mark: Right, right.

Kevin Enters

Kevin: Hi gentleman and ladies.

Stephanie: Hi. Come on in. Those are your seats. I will get the rest of the men. Ran into ice and fog?

Kevin: Yes.

Stephanie: That’s always a challenge.

Kevin: I had to get the plane out of Aurora. Umm. Ok so who are we meeting with?

Tim: Well I think the four principals will be here and this is Jan Neuman, Mark’s wife.

Jan: Mark’s wife.

Kevin: OK.

Tim: And then Stephanie Studebaker, Mark’s daughter, who was at the hearing yesterday and spoke on our behalf I guess.

Kevin: K.

Long Pause

Kevin: Terry do you have a minute?

Terry: Yep!

Kevin Exits with Terry

Long Pause- Stephanie Enters

Stephanie: Brian’s missing in action. (Laugh) I don’t know where he is.

Tim: He needs to come in and this meeting needs to get started.

Mark: He’s hard to track.

Jan: He was just in his office with Kate just a minute ago.

Stephanie Exits

Mark: He was lost in an airport for over two hours.

Ewan: You know one of our, both of our principals have the same issues.

Ryan: They are not the easiest guys to find.

Mark: That’s one of my best stories. I gave up looking for him so I went to the bathroom. All of a sudden I heard a cell phone ring and he answers it in the stall next to me.

Laugh

Long Wait and Chatter

Stephanie, Kevin, and Terry Enter

Stephanie: So we have to organize the meeting…in order to have Terry here right now we have to organize this meeting into two parts…One part is an interview…

Stephanie: And we can have Terry here in on that…

Kevin: No, No…for neither or those parts. I just got done saying that…for neither of those parts. If you want to ask questions about what we’re doing in the case, I’m happy to have that with everybody.

Stephanie: Ok. That’s what we’re doing first.

Kevin: If you have a question about that, but if you want to do an interview or have a presentation. I want to do that separately.

Stephanie: Ok. So that part we’ll do second. The first will be whatever you just said we could do with Terry.

Kevin: If you have questions about what we’re doing in the case, I’m happy to answer them.

Stephanie closes door

Stephanie: Ok, who wants to start with questions about the case?

Posted by
Stephanie DeYoung
Bankruptcy Whistleblower
Investigative Blogger

Summit 1031 Bankruptcy, Bend Bulletin Article By Andrew Moore - Kevin Padrick - Oregon Bankruptcy Court Transparency

2010-02-15T19:54:00.000-08:00

Is Andrew Moore of the Bend Bulletin an Investigative Reporter or does Andrew Moore answer to Kevin Padrick or other Big Money Players who stand to financially gain from Andrew Moore's Yammerings....

Andrew Moore - Bend Bulletin - Bend Oregon - On the Summit 1031 Bankruptcy

"" In response, Padrick said in an statement e-mailed to The Bulletin that his role as trustee “is that of a factual investigator and upon finding wrongful conduct that caused damage, the trustee's role and obligation are to pursue Umpqua Bank, the shareholders, and anyone else who wrongfully caused damage to Summit's clients. ” ""

So Kevin Padrick 's Role is to Pursue Himself ?

Because Kevin Padrick of Obsidian Finance in Oregon is the one causing the Damage, the Bankruptcy was Well under way, all the parts and pieces in place when Super Duper Bankruptcy Attorney Kevin Padrick, came in with the Help of Sussman Shank and literally STOLE this JOB.

Who is Investigating Kevin Padrick and how this all came to be?

It seems like no one because they are to busy looking for a fall guy in all this ....instead of STOPPING all Current Unethical, Illegal and Immoral Behavior and Getting the Real Estate Victim back their money NOW... without the HIT by Millions of Dollars in Wages for Harassing Whistleblowers, Emailing Statements, and creating daily smoke screens to justify OUTRAGEOUS attorney expenses, COST paid by the Exchangers who DID nothing Wrong but trust the IRS system of 1031 Exchanges as a way to Exchanges investments Tax Free..

Where is the IRS who convinces people that the 1031 Exchange is Safe YET does not provide that Safety or Regulation of the 1031 industry in ANY way, seemingly ???

Kevin Padrick Claims to be a factual investigator and that he is looking for wrongful conduct that caused damage... this is a Crock, Seriously Kevin Padrick needs a Real Factual Investigator, say the Department of Justice Watchdogs over this bankruptcy, to Actually Factually WATCH over Kevin Padrick.

Oh except for the FACT that Kevin Padrick of Obsidian Finance has Serious Conflicts or Interest with Steven Hedberg and others who are supposed to be watch dogging Kevin Padrick... SO They Won't Question Kevin Padrick, Bankruptcy Attorney - the Oregon Department of Justice Trustee only Provides more COVER for Kevin Padrick to do what ever is Best for Kevin Padrick.

Who is Looking Into Kevin Padrick, Oregon Attorney
of Obsidian Finance for Wrongful Conduct?

My guess is no one dares to for Kevin Padrick IS part of the Oregon Attorney Fraternity and seems to be protected by the courts and law enforcement at EVERY Level of the Oregon Justice System.

We all know what happens if you go
against the Oregon Attorney Fraternity?

So this Mysterious "anyone else" "who wrongfully caused damage to Summit's clients" that Kevin Padrick is supposedly LOOKING so Hard for as in his Alleged Statement sent to The Bulletin, Bend Bulletin -Andrew Moore in Bend Oregon.... well That Elusive Entity IS Kevin Padrick, Steven Hedberg, Sussman Shank, David Aman, Obsidian Finance, Tonkon Torp, the County Attorney in Bend Oregon, the US Department of Justice and all the Names and Players on this Blog... You Don't have to go to far to see who is REALLY damaging the Summit Clients.

But you do have to be able to Read and Think for yourself....

A "Statement" emailed to the Bulletin, are you kidding.. what kind of a Rinky Dink news source is the Bend Bulletin? Are there ANY Investigative Reporters at this News Source?

Can the Writers at the Bend Bulletin Read and think for Themselves or Does the Bend Bulletin just take "emailed Statements" and from there pick and choose what to post for whom, with total disregard of facts or who it hurts.... ???

The Bulletin, Bend Bulletin seems to be pulling out old news on the summit bankruptcy, mixing it with new emailed statements ( where Kevin Padrick is trying to make himself look like the Savior) and then jumbles up information and prints out gibberish ... that is really hard to make out .... or even come to any real conclusions from..

Imagine if Investigative Reporter, Investigative Blogger~ Crystal L. Cox - ME - took every eMailed statement and posted it as news for the World to see.. Many think I do this, however I soooo DO NOT. I Read articles, court cases, talk to victims, read documents and make up my own mind and post words directly from the source with a link to that source.

If Kevin Padrick, in his Multi-Million Dollar heist is emailing some Small Town Newspaper with is "Statement" and that is taken by some Old School Media Reporter like Andrew Moore of the Bulletin in Bend Oregon AS some sort of NEWS or Reputable source, well there is not much you can do about it.. that is like a bank robber caught on film Robbing a bank and then emailing a statement to Andrew Moore of the Bulletin in Bend Oregon and Saying, "I am investigating this Robbery and I am looking for those who committed wrongful conduct, I expect a lead soon" then Andrew Moore of the Bend Bulletin says ... yee Haw an Emailed Statement and puts it in print.. and there you have it.. FACT.

the Real News on the Summit 1031 Exchange is not being bought and paid for, it is out there and if you really dive into the TRUE and CORRECT details of the Summit 1031 Bankruptcy Case you See that Kevin Padrick is not a "Good Guy" in all this, and Andrew Moore, of the Bend Bulletin in Bend Oregon NEEDS to do Some Good Ol' Fashion Reading.

Source of Irresponsible Quote and Kevin Padrick - Obsidian Finance Words of Wisdom at the Link below, as well as the Full Ranger Rick Article by Andrew Moore of the Bend Bulletin about this High Finance "Scheme".

http://www.bendbulletin.com/apps/pbcs.dll/article?AID=/20100214/NEWS0107/2140419/1001/NEWS01&nav_category=NEWS01

More on the REAL News of the Summit 1031 Bankruptcy, NOT bought and Paid for.... at www.Summit1031BkJustice.com and at www.ObsidianFinanceSucks.com

Crystal L. Cox
Investigative Blogger

Was Mary Shapiro - SEC Chairman a KNOWN Risk to Investors and Shareholders - What in Mary Shapiro's past SHOULD have been a Red Flag?

2010-02-10T22:32:00.000-08:00

Securities and Exchange Commission - News Archives

"" [The Financial Meltdown]

President-elect Barack Obama's choice of Mary Schapiro as Chairman of the Securities and Exchange Commission may go down as his worst appointment.

Schapiro, in her capacity as President of NASD Regulation and later CEO of Financial Industry Regulatory Authority (FINRA), was directly responsible for ensuring that Bernie Madoff's firm, BLM Securities, obeyed federal securities laws.

Schapiro in her capacity as Commissioner and acting-Chairman of the Securities and Exchange Commission and later as President of NASD Regulation, has covered up more violations of federal securities law than Madoff has violated.

And yes, Bernie Madoff pulled off his scam when Schapiro was President of NASD Regulation and Chairperson of FINRA, which regulates NASD!

Schapiro never investigated Madoff, probably because Madoff was a powerful individual, a former Chairman of NASD.

I’m privy to this information because I was a trader on Wall Street many years ago. Beginning in 1991 I had written to Steven Lister, Senior Vice President of Compliance at the American Stock Exchange (AMEX).

I requested that, as a former member of the American Stock Exchange, I be granted access to my records.

The American Stock Exchange never replied.

Whenever I saw Lister, I asked him when he would grant me access to my records, Lister would simply state: "No."

Little background. Members of the board of AMEX had told other members that I had been evicted from AMEX for refusing to pass through a metal detector; in reality I had exposed the fact that another member of the Board had been apprehended with an unregistered pistol after he went through metal detectors at AMEX. I wanted to see whether the false information about me was in my AMEX files.

On July 26, 1993, I wrote to Mary Schapiro and requested that the Securities and Exchange Commission order the American Stock Exchange to permit me access to my files after Lister again refused to grant me access to my records. Of course this is a violation of federal securities laws, but that did not matter to Schapiro.

And SEC attorney, GayLa D. Sessoms, in a letter dated August 23, 1993 claimed "the Commission does not have the authority to compel the AMEX to produce records to you."

Schapiro knew that AMEX was a hotbed of illegal activity by the Italian Mafia-but Schapiro always looked to greener pastures.

I did not expect this lack of support from Schapiro. After all, I executed orders for Frost & Sullivan, a trading firm, on the floor of the AMEX.

When the inside trading scandal in Motel 6 was exposed –a foreign company was planning to bid on Motel 6, which was a nationwide chain of budget motels, but the information leaked and Frost & Sullivan traded illegally on it— I was investigated by the SEC.

I was the only individual who was connected to the three firms involved in this insider trading scandal that did not trade on Motel 6 insider information and thereby profit illegally. I was also the only individual who possessed knowledge of the extent of the insider trading in Motel 6 who was not subpoenaed by the SEC.

Why? Because according to Joseph Greenwald, a trader with another firm, who pleaded guilty to insider trading in Motel 6, James Breeden, at the time Chairman of the SEC, and Mary Schapiro, who was then an SEC Commissioner, had ordered the SEC to limit the scope of the investigation. The intent was to protect senior members of the AMEX and Bear Stearns who had knowledge of the Motel 6 insider information.

On September 13, 1993 I met with Assistant United States Attorney Frances Fragos (who later, as Frances Fragos-Townsend was to become George W. Bush’s Homeland Security adviser) at 1 Saint Andrew Plaza, in Manhattan, to discuss the Italian Mafia's penetration of the AMEX; the insider trading scandal in Motel 6; payoffs to AMEX Compliance Attorneys by the Italian Mafia; payoffs by the Italian Mafia to members of the Board of the American Stock Exchange; the theft of $500,000 by a vice president of the AMEX; the stock fraud at a company named PNF; involvement of members of the Board of the AMEX in the stock fraud at PNF; and, a host of other crimes.

I had first approached the FBI to expose these crimes and the agency then arranged for me to meet with Frances Fragos.

(When I showed Fragos the letter from Sessoms, she told me that Sessoms had lied and that in fact the SEC had the authority to order the AMEX to grant me access to my records.

I was convinced that the SEC and AMEX knew that once I obtained my records, I could have forced investigations that would have exposed other major crimes; yet I needed my records as a launching point).

Of course the SEC had powers over the AMEX.

For example, in 1977 the AMEX gave mild disciplinary sanctions against about 20 members for posting fictitious options trades.

The SEC overruled the AMEX disciplinary actions and suspended the 20 or so members of the AMEX involved in this fraud, including future members of the Board of the AMEX, such as William Silver, Louis Miceli, and Robert VanCaneghan..

In 1995 when Schapiro was a Commissioner of the Securities and Exchange Commission, a huge illegal trading scandal erupted at the AMEX.

Pat Schettino, a rogue trader and managing director of Spear Leeds and Kellogg, falsified trades; marked options positions; produced fictitious trading records; stole money from AMEX members; violated the net capital rule (the type of offense for which Ivan Boesky later went to prison); and, even entered trades at fictitious prices.

When I wrote numerous letters to the SEC and members of the Board of the AMEX about Schettino's illegal trading, he hired Eric Levine, an attorney at Proskauer Rose and sued me for defamation. The SEC did nothing; even after I had written to the SEC, including Schapiro, about Schettino's massive illegal trading.

By taking no action, the SEC countenanced Schettino's actions against me. The AMEX delayed investigating Schettino for years. Two attorneys for the AMEX, Steven Lister and Phil Axelrod, who were supposed to be investigating Schettino even taunted me about Schettino's defamation lawsuit and told me that they hoped that I would lose.

In 1998 NASD purchased the American Stock Exchange. At the time Schapiro was President of NASD Regulation, which was technically overseeing AMEX regulation.

Then in 1999 when Schapiro was President of NASD Regulation, major violations of federal securities laws at the AMEX were exposed in a seminal article, "Scandal On Wall Street," on the front page of Business Week and it was noted that Schettino had not been disciplined four years after he had violated federal securities laws. Schettino subsequently dropped his lawsuit against me.

Schapiro did nothing, but covered up these crimes. And what has all this have to do with Bernard Madoff, the Ponzi King? Madoff, like Schettino, had also produced fictitious trading records; falsified trades; and. stolen money.

Where was Schapiro, the nominal overseer of Madoff?

Now she is to become Chairman of the Securities and Exchange Commission?

(Schapiro did not return a phone message seeking comment; her aide said she was meeting with President Elect Obama in Chicago). ""

Source of Post
http://blackstarnews.com/?c=135&a=5221

Question: Mary Shapiro KNOWS of the Iviewit Technologies Inc. and is very aware according to what I have read.. about the implications to Shareholders that will be Billions upon Billions per Company in my Opinion. So when the SEC and Mary Shapiro Says she did not have prior Knowledge on the iViewit Scandal and all the Major Law Firms and Tech Companies involved.. ...

You Savvy Internet Investigators
will KNOW that she most Certainly DID...

How Come our Great Country is paying no attention to what seems in the above article to be decades of indescretions leading to Billions upon Billions and the Shareholders, Investors Seem to be the Ones to Take the Heat.. and Not Only is Mary Shapiro NEVER held Accountable, She is Constantly put back into some authoritative position that allows for the Same Over Looking of Tips - Not Looking into Facts and Creating or Shall I say ALLOWING huges Liabilities to Innocent Investors and Shareholders... ???

posted By
Crystal L. Cox
Industry Whistleblower
.... Got a Tip .. Email me at Crystal@CrystalCox.com
Investigative Blogger

Does Mary Shapiro SEC Boss, Know about the Iviewit Stolen Patent Case and Its HUGE Implications to Shareholders?

2010-02-09T22:49:00.001-08:00

YOU Bet She Does...
How Will She Explain what She has Let Happen
in a Trillion Dollar Liability ...???

It seems from Many documents at www.Iviewit.TV That Mary Shapiro of the SEC had knowledgle long ago about what Proskauer Rose was up to and yet .. what ?? the Standford affair is some NEW Shocker of a Story, yet Mary Shapiro had been given notice by Eliot Bernstein and the Iviewit Company years before the Billion Dollar Scandal hit the Main Stream Media.

Does Mary Shapiro or the SEC have ANY Liability to the Shareholders when they had advance knowledge of the Players and did nothing to prevent the Standford Affair?

$65 Billion in the Bernie Madoff Scheme is NOT all that Mary Shapiro and the SEC missed... What about the Standford Affair - Billions and Connected to Proskauer Rose. What About Enron and Proskauer Connections - and what about all the Players, Shareholder Fraud, and Liability that the Eliot Bernstein of the Iviewit Technologies Company has brought to Mary Shapiro and the SEC's Attention ?

What do they say, I just did not know or see this coming? So Sorry you Lost Billions - I had no Way of Knowing... well Crystal L. Cox, Investigative Blogger says.. "BULL, Mary Shapiro and the SEC knew" and they IGNORED leads, had no one seemingly watching websites, reading documents, scouring blogs or even looking into leads that led to BILLIONS of Innocent Investors losing their Money.

The SEC has no purpose that is really beneficial and in my Opinion is just as susceptible as being Bought Off as anyone other Corrupt Government Agent, Attorney, CEO or Judge" .

Won't it be Amusing when Warner Brothers, Intel Corp., Sony, AOL, and all those Billion Dollar Tech Companies go Belly up and take the Shareholders to Bankruptcy because of the Contracts they signed and did not fulfill with the Iviewit Technologies Company that puts them in Connection and at least in part Liable for a Trillion Dollar Liability that they SEEM to have overlooked on their Books with all their bragging of Profits this quarter... blah .. blah.. blah.. and what Does Mary Shapiro Say? Is she even Acknowledging any of it?

Won't it be Hysterically when the SEC, when Mary Shapiro says to the Warner Brothers, AOL, Intel Corp, Sony ... Shareholders that Gee I just didn't see that Trillion Dollar HIT Coming.. We had no warning.. other then the years of complaints filed from the Iviewit Technologies Company in Which I IGNORED.. gee Sorry..

It is not Personal, it is Business,
Mary Shapiro - YOUR FIRED !!!..

posted By Investigative Blogger
Crystal L. Cox...
Crystal Cox
More on the Obvious, Blatant Shareholder Fraud among tons of Major Tech Companies.. and the Iviewit Stolen Patent Story at www.DeniedPatent.com and at www.Iviewit.TV over a thousand documents of Proof So Far.
Mary Shapiro
Research Links on Mary Shapiro and her Knowledge of possible Shareholder Fraud in which, to me it looks like she did nothing, and well Billions upon Billions are lost by innocent Investors. And the Potention of Trillions More...

http://iviewit.tv/CompanyDocs/United%20States%20District%20Court%20Southern%20District%20NY/20090325%20SEC%20FAX%20Cover%20Page.pdf

http://www.trialbyblog.com/2010/01/eliot-i-bernstein-intel-corporation-sec.html

http://www.free-press-release.com/news-iviewit-trillion-fed-suit-defendant-proskauer-rose-sued-in-global-class-action-re-stanford-ponzi-1252249099.html

http://seekingalpha.com/user/478415/comments/highest-rated

http://www.stolenpatent.com/2010_01_01_archive.html

Gee Sorry ... NO One Brought it to My Attention: I just Did not See ANY sign of this COMING... What a Crock that Will BE..

Crystal Cox Blogger

Neuberger Berman PR Guy - Richard Chimberg of CL-Media Relations emails Industry Whistleblower Crystal L. Cox - and Seems to Step in Blogger Scat.

2010-02-03T00:32:00.000-08:00

Richard Chimberg of CL-Media Relations Sent me an Email Today - I want to Share it with you folks to Help you Understand the Online PR World of 2010.

A Good PR guy or Media Relations Company in 2010, in My Opinion, Should have a firm grasp of the playing field, of modern media and really understand the new journalist and online news source is in a Big Part Bloggers.

A Modern Day, So Called PR Firm such as CL-Media Relations - or a PR Guy like Richard Chimberg SHOULD actually "Google" the person, the "Blogger", the "Industry Whistleblower" they are emailing BEFORE they email them to see what all they are doing online and if this can in anyway hurt the Company, the Client they are working for.

A Modern Day Media Relations Company such as CL-Media Relations SHOULD also scour the site they found the information on BEFORE they Email the Blog Owner or the Blog Author to see if there might just be a few things they may need to know about this Investigative Blogger, Industry Whistleblower, Search Engine Reputation Manager .. Before they just start a Yapping and a Yammering. And trying to Pull a Bluff, a Subtle Threat and well ya know ruffle their feathers. .. ya know what I mean ?

A PR - Media Relation Company such as CL-Media Relations who boastingly says they "specialize in strategic media relations services" May want to get a refresher course on how this all really works in 2010. BEFORE they Reach Out and make Subtle Threats, Strong requests for immediate action and plea-full bantering.

Well this is what Richard Chimberg of CL-Media Relations
has engaged me "Crystal L. Cox" in today.

"" Hello, Crystal. My name is Rich Chimberg and our firm, CL-Media Relations , is Neuberger Berman's PR agency. The item that appeared Feb. 1, 2010 on http://www.industrywhistleblower.com/ , Bain Capital LLC and Hellman & Friedman LLC to buy Neuberger Berman Inc. from Lehman Brothers Holdings Inc. for $2.15 billion, is factually wrong.

http://www.industrywhistleblower.com/2010/02/bain-capital-llc-and-hellman-friedman.html

Neuberger Berman was acquired in a management buyout announced in Dec. 2008 and completed in May 2009 (attached is a Neuberger Berman press releasedated May 4, 2009 announcing the completion of the transaction).

Would appreciate a prompt update on the website with the correctinformation. I have copied Randy Whitestone at Neuberger Berman, and my business partner, Sarah Lazarus, on this email. Thanks very much. Best, Rich "

Crystal L. Cox Says:

Ok First of All, I was very open to changing the information, however Richard Chimberg 's response, the things he said and the way he said them, well I just felt that there was more to it.

I mean Come on a Media Relations Company asking me to Change Facts, I mean I don't know if they are facts, I did not talk to the Companies involved. I QUOTED in exact wording what another news source said, and it was a Post from October 6th 2008.

I am suppose to take the word of a Company hired to promote another Company and my FACT base is to be an official looking PDF from some guy named Randy Whitestone whom I had never heard of until I got that email from Richard Chimberg of CL-Media Relations.

I was simply Researching Proskauer Rose in my Writings of the Trillion Dollar Iviewit Stolen Patent Case. And that post was a "Connecting the Dots" per say on Proskauer Rose and I got it from another source in direct quote and at the bottom of the post I wrote "Source of POST" and I linked to the Source of the Post. The Post was in quotes.

So because my Internet Marketing puts my information out in front and because Richard Chimberg must have google alerts on Neuberger Berman he saw my Post and Wham hit me with a Request.

Well I would like to Say A+ for Promptness, however .. hmmmm.. what about the previous 15 Months this apparent "Non-Factual Information" was out there for all to see. How did Super Duper PR Guy Rich Chimberg of CL-Media Relations miss that and seem to be unable to do anything about it. Richard Chimberg of CL-Media Relations did not even know it existed.

Does Richard Chimberg of CL-Media Relations not offer Search Engine Monitoring Services, and actively look for this stuff .. I mean does Richard Chimberg of CL-Media Relations actually make a living at simply check his email for google alerts .. and emailing bloggers to change information based on What he say is Fact and Sending copies of those emails to people the blogger has never even heard of ????

How did Rich Chimberg of CL-Media Relations miss that it was a Direct Quote and Flat OUT miss the Link to that Source... ?? And why, subtly threaten me with sent copies to people I had never heard of... what is that about Really?

I emailed Richard Chimberg of CL-Media Relations back and I Said this..

" Thanks for the Email.. This is an Exact Quote from another site..
and a Link to the Source, Have you Asked the Source Post to Be Dropped?

What I am Researching and Writing on, that is of interest here is Proskauer...

I will consider Dropping or changing the post after I review what you sent..

Thanks.."

Next Super Duper PR Guy Richard Chimberg of CL-Media Relations Emailed me Back and Said this Never To Be Forgotten Quote, " Appreciate the reply. If the information you used comes from another site, we’d be happy to contact that source with the facts. Can you let us know the source? Thanks. Best, Rich"

Ok ... So ... Richard Chimberg of CL-Media Relations on his website brags about specialized attention, experience and all he can bring to the table to his clients yet he Emails Gibberish Like this out to Bloggers. IF THE INFORMATION YOU USED COMES FROM ANOTHER SOURCE ... Can you Let us Know the Source?

ARE you kidding me.. he can't read ... how "Specialized Attention" is that ? Richard Chimberg of CL-Media Relations, Super Duper PR Guy asked me for the Source instead of Seeing the SOURCE on the POST before he SENT his Special Request to ME.

And instead of FIRST contacting that Source to have them change the FACTS before emailing me, he asks me to hold his hand and point out the Source that was on the POST the FIRST time he Read it. Gee I really hope nobody is Paying this Guy for this kind of Archaic, Ineffective PR Solutions.

And Still Rich Chimberg still wants my Post Information Changed.

Well if I did that I can't link to the source anymore Right and then the Point of my POST which was the " Proskauer Rose LLP " Connection, well that would be Mute wouldn't it?

It would then become a Post on a Company that I had never heard of and was not involved in researching... And how condescending to say "IF" it came from another source, as if to scare or intimidate me.. instead of just reading the source..

Ok So I Email Richard Chimberg of CL-Media Relations back and I sass him a bit... I Say...

" NO Offense to YOU.. however how good are you at PR if you did not see the Quotes and the Link to the Source.. http://www.industrywhistleblower.com/2010/02/bain-capital-llc-and-hellman-friedman.html Hope your Paid Well..

In my Opinion whatever Neuberger Berman 's PR agency is Paying you is Not Enough, the Source has been there for about 4 years.. and you did not catch it, then you read my EXACT quote and VERY Bold Link to the SOURCE and email me to remove it...

You just thought I made This Stuff up?

you Said "If the information you used comes from another site"Can't you read, research, PR Guy???? Hmmmm...Sounds like Neuberger Berman 's PR agency NEEDS a New PR Agency, and well now I have another Story to Tell..."

ok so I blathered a bit and mis-spoke a bit.. I meant that Neuberger Berman was paying Richard Chimberg of CL-Media Relations too much.. and well it was 15 months and not 4 years.. ok I got ahead of myself but still good points, I thought, of course I made them.. (that was funny.. you may have forgot to laugh..) Ok Anyway .. Richard Chimberg of CL-Media Relations got my email and he said. .. Yeah its a He Said - She Said sort of a deal..

"" Crystal — checked the CFO.com site, which I believe is the source of your news item on Neuberger Berman. The date of that posting, http://www.cfo.com/article.cfm/12372026?f=msdynamics , was Oct. 6, 2008. As I wrote in the previous email the management buyout of Neuberger Berman was approved in Dec 2008, and completed in May 2009. Thanks. Best, Rich ""

Talk about Dense, no offense seriously.. but Come on now he says "which I believe" - I LED HIM TO THE WATER... all he had to do was drink... So then he tells me the Date of the Buyout, the Date of the Post and yada - yada ... I can't CHANGE a QUOTE... Fix the SOURCE.. instead.. he Keeps Yammering the Facts according to Richard Chimberg of CL-Media Relations as if I am going to ALTER the quote and then link to the source.. .or what Remove the post..

I mean I did not make it up.. So a Good PR guy first of all would have FOUND the "Non-Factual Information" in the SOURCE post say 15 MONTHS ago and then well, if, GEE he just missed it and only found it because of my Super Duper Bloggin'... well then the Thing To Do would be FIX the source... not me.. FIRST...

And Richard Chimberg of CL-Media Relations makes one last plea and says, "Please take a look at the date of that posting from the CFO.com site. Oct. 6, 2008, which was before the management buyout of Neuberger Berman. Thanks. Best, Rich " What does this mean, it DOES not change the information on the Source ....

I had never heard of Randy Whitestone or Really even new of Neuberger Berman,

However a Subtle threat of sending him a Copy of his Email to me, well that made me curious on just who Randy Whitestone and Neuberger Berman are so I have a New Investigative Journalist - Industry Whistleblower BLOG on Randall Whitestone and Neuberger Berman to Post My Investigative Research On.

I am sure Glad that Rich Chimberg of CL Media Relations is Not My PR Guy.

Below is Some More Information on Richard Chimberg and CL-Media Relations, DIRECTLY Quoted from the Link in the Source Beneath, pay Close attention, it is hard to understand, for it says Source of Post and then there is the link right below...

"" About Us

CL-Media Relations, LLC, based in Concord, Massachusetts, was founded in 2006 by merging the media relations practices of Richard Chimberg and Sarah Lazarus.

We specialize in strategic media relations services, with a focus on the global financial services industry. CL-Media Relations is a boutique consultancy, so every client gets personalized attention from experienced and knowledgeable professionals.

We add value from the start, because we know the business world, and specifically your business. And, since we have substantial journalism and public relations backgrounds, we also understand what makes a good story and how to tell it to the media.""

Below is the SOURCE of the ABOVE Quote
http://www.cl-media.com/about.html

Here is another Quote, this is a Quote About Richard Chimberg of CL-Media Relations

""Rich is a principal and co-founder of CL-Media Relations, LLC, established in 2006. CL-Media advises financial companies on their internal and external communications and positioning in the media.

Rich has 25 years of experience in PR and financial journalism.

Prior to his PR career, he reported on the investment management business, beginning in 1983, at Money Management Letter.

In 1988 he founded and edited Investment Management Weekly, a newsletter, and, in 1994, Return on Investment (ROI), a glossy magazine covering the business of money management. Rich later reported for Bloomberg News, and, in 2000, established InvestorForce.com’s Investor News Service, the first real-time online news service covering the investment management business.""

Source of the ABOVE quoted POST on
http://www.cl-media.com/bio_richard.html

If I was a Super Duper PR Guy, I would Buy my Own Dotcom and Encourage My Clients to do so as Well, Come on it is 2010 and saying please and thank you and subtle threatening an email copy sent to people the blogger does not even know well... this is hmmm NOT good, and definately NOT EFFECTIVE....

I am Not sure how long it has been that Richard Chimberg of CL-Media Relations has been the PR Media Relations for Neuberger Berman, however if it has at least been... oh .. say a year ago or more.. shouldn't Richard Chimberg of CL-Media Relations have noticed the Bad Information Long ago ?

And if NOT, Well then.. Welcome to 2010 ... it may be time For Richard Chimberg of CL-Media Relations to Retire and Hang up the Ol' "Back in the Day" PR Hat.

We are NOT 25 years ago... the Internet is faster then the Speed of Light.. Per Say and So your 2010 PR Person... Well they had better be Johnny on the Spot and very - VERY good at what they do or say Good Bye to your Online Reputation SHOULD they ... ya Know Step in a Pile of BLOGGER "Scat" and Not know what to "Doo".

It's NOT Personal .... It's Just Business...
Richard Chimberg YOUR FIRED !!!

Consider this Post a Wake Call to ALL PR Companies -
It is 2010 and EVERYTHING is NEW.. Different..
the Rules of the Game HAVE Changed and I mean Bigtime..
YOU had Better KNOW what your Doing... or GET out of the Business.
Consider this POST a FREE Online Marketing,
Media Relations and PR Mini-Seminar....

POSTED by Crystal L. Cox
Investigative Journalist
and other Blogger Related PR, Research and Whistleblowin'

NAR Does Violate Anti-Trust Laws - Every SINGLE Day

2010-01-28T23:04:00.000-08:00

More Tricks NAR uses to be a Cartel, and MAKE you Join "NAR" or you can't Play

Crystal L. Cox
Real Estate Industry Whistleblower

The National Association of Realtors is a Monopolistic Giant that is Above ALL Anti-Trust Laws, and because NAR Lobby's - Huffs and Puffs and Spends Millions a Year (Literally) Lobbying for what is Good for NAR and Bad for Consumers, well NAR is to Big for the Department of Justice to Really do anything to Fight them.

SO they have to cut deals and create illusions.

Meanwhile the National Association of Realtors
NEVER has to admit that they Really do actively
Violate Anti-Trust Laws Every Single Day..
Non-NAR
Now we now that NAR members boycott members who charge less commission, we know that NAR members boycott local Real Estate Magazines that Allow Companies that want to Market a For Sale by Owner... now these Magazines make BIG Money from Real Estate Companies with Lots of Listings SO the Magazine Does What they are TOLD too, Right?

It Violates Anti-Trust Laws TO not let Non-NAR Real Estate Agents, FSBO Marketing Companies or the Sellers themselves market in local real estate magazines. However NAR is above Anti-Trust Laws, meanwhile those BIG Tech Companies like Intel Corp. and APPLE have to pay HUGE fines seems like every year in order to make deal for the Anti-Trust Violations.

Why is the National Association of Realtors protected from all this?

Who is Protecting NAR and How Much are they Paid to Look the Other Way?

NAR acts like, and the Department of Justice seems to blindly believe, or pretend they do, that Realtors don't participate in Anti-Trust Violations and the NAR in no way promotes Anti-Trust Law Violation behavior in their Agent, "Realtors". Yet along with Magazine Boycotts, Boycotting agents that charge less, and blatant "Standard Commission" Practices that REALLY Do happen.....

We also have the, Well if your not a "Realtor" "NAR" member - National Association of Realtors Cartel Member TELL non members they won't show their listings because they are not guaranteed to get PAID - this Greedy behavior ... promoted by NAR is Flat Wrong, and designed to AGAIN force us to be NAR members... the "REALTORS" can show our listings they just won't - all they have to do is submit a Commission Agreement with the Purchase Agreement - that Simple Happens all the Time... yet NAR members tell their Agents and Yammer about it in groups that You won't get PAID don't show her LISTING... WHAT?

Flat OUT Lies brought to YOU by the National Association of Realtors !!!

Now on Top of this THEY make it Almost impossible to SHOW their listings because they are often to Busy to accompany you if your a Buyers agent, which is Really in the Sellers best interest because the Seller's Agent - so they won't go open it for you - or go get the key from the lock box so you can use it - you can't get a "Supra Key" the Magic "Realtor" key if your not a Member - so yet another way that NAR promotes Monopolistic Behavior and Pushes out Real Estate Broker that ARE not Members of the Realtor Club.

This is AGAINST the Law of the United States of America
and the National Association of Realtors is Above those Laws.

Crystal L. Cox
Real Estate Whistleblower
Crystal Cox Blogger

Corrupt MLS Data - in Which the Entire Real Estate Industry and Secondary Loan Market is Built on

2010-01-28T20:49:00.001-08:00

Crystal L. Cox - Ex-NAR Member .... Says the MLS Data is NOT Accurate or Policed for Quality in any way... this Data is the Foundation of the Secondary Loan Market - Economic Collapse..

People with Great Credit and Good Jobs are walking away from their Homes. WHY? well because they know they will never Sell it for what the Fake Real Estate Market SOLD it to them for. So these folks are letting the banks take the property back and they are renting places for half the price.

The Real Estate Industry is Broken and the Banks are Rewarded for their part in the Collapse and NAR - well no one seems to get the IMPORTANT role that "Realtors" MLS Data Place in the financial market - the Real Estate Industry is the FOUNDATION of the Banks, the Economy... and Allowing Prices to Rise Just to Get Deals Closed is Fraud on the Real Estate Consumer - and yet the Consumers are the ONES Losing everything - NAR is business as usual and the Lending Industry has NO Accountability to the Real Estate Consumers Losing Everything.

HELLO why are No Fingers Pointed at NAR ?

There is No Governing Entity that can HOLD the National Association of Realtors accountable for the Lies they Tell. The MLS, the National Association of Realtors created the False Real Estate Market with Corrupt, Un-Regulated MLS Data, this Data was used by lenders to give loans for Way More then property was WORTH, the Lenders knew it was happening and turned a blind EYE - oh well they get a bail out - the PUBLIC - you.. the REAL Estate Consumer Who Did not KNOW - well you get to Keep them in Business.

STOP the MLS Cartel,
STOP NAR from the lies they tell and the lack of accountability for Good Data that YOUR financial industry is built on. STOP NAR from not holding Realtors accountable for Fraud and LIES. HOLD the National Association of Realtors President, Assocition Board, Economist Accountable for their FLAT out LIES and Propaganda EVERYWHERE that Gives Consumers FALSE Confidence and Encouragement to Buy in a Market that was HUGELY over inflated by False MLS Data and Unscrupulous Lenders with the HELP of Mortgage Broker Lies and Pressure to Close a Deal with the Help of Appraisors and Realtors....

a Seriously Broken System - the Real EstateIndustry Needs a Total Make Over
Crystal L. Cox
Real Estate Broker Owner
Ten Lakes Realty
www.BrokersZone.com
Crystal Cox Eureka

Can YOU Legally Get Advice From Me? Can you Get Independent 3rd Part Advice from a Real Estate Broker Anywhere?

2010-01-16T18:16:00.001-08:00

Real Estate Coaches Oftentimes Do not Have a Real Estate License in any State or A Law Degree of Any Kind. Which often I have found in Lawsuits does not matter, because the Real Estate Attorney has to Go Look up a Law That applies anyway.

Ok so I am not a Real Estate Attorney, what do I know Right? Well I have seen the Inside of HUGE lawsuits, I have seen what Real Estate victims go through and as a Broker Owner I know what can happen to you and I can Protect you.

NOW the National Association of Realtors DOES not want a 3rd Real Estate Broker, or even NAR member in the Deal so that is ONE of those National Association of Realtors ETHICS that they do love to WHINE about.

When a Buyer or Seller Would Call me Desperate, and already in Negotiations with Another Realtor, and I was then A Realtor - the NAR Ethics would have me say oh there is Nothing I can do for you, your going to have to Listen to the Realtor Representing you and Giving you Information that is ONLY based on them Getting Paid.

It is UnEthical according to the National Association of Realtors if I Tell you that there is Something Wrong with your Deal and you Could Get Hurt.

Though your Human Rights, Civil Rights, Constitutional Rights would say you CERTAINLY do have a Right to 3rd Party advice whether it Free or you pay for it.

Why can you hire a Real Estate Attorney, pay them a wage to give you advice but not also get another Real Estate Broker to tell you What they Think of the Deal and you pay them for that Time - REGARDLESS if you Close the Deal OR Not?

Real Estate Attorneys Do not know all that goes on behind the Closed Doors of a Realtors Real Estate Transaction and they may not be enough Protection. You have a RIGHT to Information and NAR has NO RIGHT to Deny you that Information.

This is VERY Ethical and VERY Consumer Friendly and Would Keep a WHOLE lot of Real Estate Consumers OUT of Trouble. But NAR frowns on this, WHY?

Well it really does not make any sense, I guess they don't want you Screwing up Deals with the Truth. What other Reason would there be ?

Obviously it is in the Real Estate Consumers Best interest to Get More Advice. I mean the more information and ANY Truly Objective information or advice they can get - the better Right? So Why is NAR against this?

State or Federal Laws, who knows what it says about me Giving you Advice. I mean certainly it would NOT be good for the Consumer to Get advice from a Real Estate Broker Owner who MIGHT just TELL them the TRUTH and their Advice is NOT based on whether the Deal Closes or Not. Surely any Real Estate Governing Body would Agree Right?

My State Law Regulators tell me it is questionable, however have not told me that I can't Give or Sell you Advice online. I mean Real Estate Coaches Do it and they have no license. I had a guy tell me that one year alone he spent $75,000 on a real estate coach, yet he kept me on the phone for hours.. I gave him FREE advice of Course Because I was hoping he would buy some Real Estate From me. .. So Why Can't I charge?

Realtors, Real Estate Agents Give FREE advice all the Time..

And if I give Real Estate Advice can it only be in the State I am licensed, or am I ALLOWED to Protect Real Estate Consumers EVERYWHERE with the TRUTH ? NAR and their Ant-Consumer Games are International.

Real Estate Coaches and those Infomercial Guys Sell you Stuff all the Time on how to get Rich in Real Estate and they charge you for online advice or phone advice, so why would it be bad in ANY way if a Real Estate Broker opened shop online to Give you Real Estate Advice even if your already Listed with a Realtor ?

You have a RIGHT to Real Estate Protection, you have a RIGHT to Advice, you have a Right to an Opinion on Your Real Estate Transaction that is NOT based on Whether the Deal Closes.

Mortgage Fraud, Lender Fraud, Non-Disclosure, Realtors Ruining Lives with Flat Out Lies, Silent Fraud, Adverse Material Fact, HUGE Financial Fraud in Real Estate and YOU getting Advice Seems to Be Taboo... ... so many BAD things happening to Real Estate Consumers and YET the Realtor SUPER powers worry about YOU getting advice from a NON-Realtor that Certainly Cannot be Of a HIGHER STANDARD. And they actually have an ETHIC - a Standard of Practice that Claims that a REALTOR cannot INTERFERE with another REALTORS transaction.. what??

Talk about UnEthical, you have a Right to ask another REALTOR if your deal looks right... you have a Right to Protection BEFORE YOUR deal Closes.

Any ASSOCIATION, State Law Maker or
ANYONE denying you this Right is Violating YOU.

So Yes I say I have a Right to Give or To Sell you Real Estate Advice.
You have a Right to Get that Advice, Demand that Advice.

You have a Right to have someone look for Red Flags and to Protect You in your Real Estate transaction and even Negotiate with your Agent for you SHOULD communications break down with your "Realtor" as they often do. You Should NOT have to Simply Sit Down, SHUT up and Take IT.

The National Association of Realtors Huffs and Puffs, and Lobby's with all their might to make sure that you have NO Rights in your Real Estate Transaction.

The main way NAR Keeps Consumers Down and powerless is to NOT hold Realtors accountable for what they do to you, NO Matter How Much Proof you have. Nor Holding Bad Realtors Accountable for the Damage they do to Good Realtors.

NAR should be FIRED, unless they can come up with affective Quality Control Efforts to Clean Up the Mess they have made of the Real Estate Industry.

Crystal@CrystalCox.com
Real Estate Whistleblower
Crystal L. Cox
National Association of Realtors

Why Won't Most Realtors Show FSBOs - For Sale By Owners

2010-01-16T16:58:00.001-08:00

There are many reasons and none of them are Reasonable.

Many Realtors won't show your For Sale by Owner because it is NOT listed with one of them.... if you were at one time that Realtors told others Negative Things about your Property and they steer clear. Realtors Control the market, they are a Real Estate Cartel and if you don't play with them they Keep you out of the Game.

Another Excuse I have heard is there is No guarantee of getting Paid. WHAT?
All they have to do is Submit a Commission agreement with the Offer and It all goes to the Title Company and the Realtor's Company gets PAID out of the Settlement, so that Excuse is NOT accurate.

Though many Realtor actually believe there is no way to get PAID if they Sell a Real Estate Listing of mine, because I am a Non-MLS Real Estate Broker. They believe that if your not in the MLS there is no Guaranteed Paycheck, what they don't understand is the listing agent has to agree, the listing agent tells the title company what the commission is and the Selling Realtor Gets what the Listing Realtor Says they get.

And if the don't pay then they go to Arbitration and the games that happen behind closed odors at your Local Realtor Association.

It is a MYTH that if You Sell on of My Listings or a For Sale by Owner that you Won't get PAID. Realtors Spread the Myth because they want you in their CLUB.

Attention Realtors: if you SELL a FSBO or a Real Estate Listing that is from a NON-NAR Crony - ALL you have to do is Submit a Commission Agreement with it that says How much you Get and have ALL parties Sign it.... Deal is DONE... DO NOT avoid Selling them because some OTHER Realtor TOLD you that you Will NOT get Paid...

It Really is Simple Sellers, Buyers are looking for What you Have, and if the Realtors Lie to them about Defects or other issues, Neighbors or steer them for any Reason there is not alot you can do about it - though it Violates Anti-Trust Laws, and is VERY bad for the Real Estate Consumer it is a Game No One Cares about. So just Sell as a FSBO and ignore the Game Players....
FSBO Tips, Exposing Realtors

Sellers Contributions or Kick Back of Any Kind is Mortgage Fraud, Banking Fraud, Tax Fraud and Creates a FALSE Real Estate Market.

2010-01-16T16:14:00.001-08:00

Sellers Kick Back - Sellers Contribution at Closing - Sellers Cash Back

Sellers Giving Buyers Money for Any Reason Creates False MLS Data, and is Fraud on the Banking Industry, I don't Care what your Realtor tells you....

Still the Banking Industry with the Help of the Realtors and I Guess the Mortgage Broker are Convincing Sellers that it is Ok and Legal to to Participate in "Sellers Contributions" or other ways that a Seller Ends up Giving a HUGE amount of Money back to the Buyer.

Oftentimes it is done Like this and The Mortgage Broker Calls it a Sellers Contribution.

The purchase price is Say $200,000 and the offer Comes in at $215,000 and the contract says that the Seller Will Contribute or whatever Wording works good in your area, it is still the same meaning... the Lender takes this as the Buyers Down Payment so they can FORCE the Buyers Loan THROUGH when Really the Buyers Does not have a down payment. Oftentimes this is even given back as Cash the Same Day as Closing, Flat Out CASH to the BUYER and the REALTOR tells the Seller it is Legal. Wonder if the Realtor Gets any Kick Back from Deals Like This? Anyway...

the Lender KNOWS, because the Lender Sees the Buy Sell Contract, they know that the BUYER does not REALLY have the Down payment, so what do they do CHANGE the Contract to Submit it to their Loan Approval Department ?

Appraisers Know, because most ask me for a Copy of the BUY - SELL so they can then make an Un-Biased Objective Market "Opinion" on the Value of Your Home.

So it is Just Matter of Fact, and No one Seems to Be Concerned, or Was ever Concerned that it was Creating "Values" that were not real and people were paying Higher and Higher Prices based on FALSE - MisLeading SOLD Data.

The Motivation - greed of course because these Middle Man Lenders, Mortgage Brokers that Deal With Lenders that Deal with Banks and on and on, often times they Get Commissions for the Life of the Loan which Can REALLY ad UP. The Realtor who pushes the deal gets the One Time Commission... well more on that later.. (there are oftentimes other kick backs)

Sellers Contributing Money to Buyers so they Can Get a Loan is Bad for Comparable SOLD Data, it is Bad for the Fraudulent Bank Loans that Put the Homes Value quite a bit higher, it is Fraud on the banking industry no matter how you look at it, it is Bad for the Seller as they Pay Capital Gains Tax on this Money - most won't mind because it is included in their Free Equity with the Capital Gains Exclusion - which is Still Fraud on Someone.

There is no Rational way to Say it is OK, it is Simply NOT the SOLD Price, and it makes the SOLD Data Wrong which affects the Next Sale. It is FRAUD, no matter what anyone is telling you.

If the only way a Buyer Can Buy a Seller's Real Estates For Sale is if the Seller Fakes a Down Payment so the Lender thinks that the Down Payment is Coming from the Buyer and will therefore give the Loan, Well then the Buyer Cannot Afford the Property and Will eventually Lose it Anyway.

From the Seller's perspective, many take the Deal because they NEED and Want to Sell and they don't worry of the Tax because it is Tax Free money anyway. So the Buyer gets the Property with no money down, and NOT with a NO Money Down Loan... the Lender makes it look like there is a Substantial Down Payment.

Still in 2010 this is Going on, after Trillions in Bank Bailouts Due to the Fraudulent Secondary Loan market, Still the Realtors are in the Field Bringing Contracts that Make it So the Buyer is Getting their down Payment from the Seller. And Shocking but I am Getting Reports that not only is this going on for Down Payments but to actually give Cash Back to the Buyers.

And the Realtors are Telling the Sellers that this is Absolutely Legal. You see the Buyer gets this money the day of Closing, so what in the World would STOP the buyer from taking the Cash Back saving it, staying in the home til' the bank throws them out.

Then After months of Free Rent when Foreclosure finally happens - the Buyer just walks away, Cash Stowed away and Money Ahead. Or the Buyer may use this money for the payments for awhile til' the get on their feet per say. The thing is, that Buyer Could not afford the Home. And this Real Estate Transaction Scenario is bad for the Real Estate Industry and Should be Regulated.

And it all Originates with the Realtor pushing the Deal on the Seller so the Realtor Gets Paid, Now it looks like the Seller gets Paid too. The thing is, in the long run the bottom of the Game Falls out, because it raises the VALUE in the MLS Data and the Next Person to buy, say the house next door, the Appraiser does not know to Compensate 0r Change the Data on SOLD information to "Correct" for a Scam that he did not know about.

So we know that the Seller is Liable for the Extra Money they did not really get, because the Tax Man looks at the Settlement Statement and you Pay based on the Selling Price. Now if there is a 1031 Exchange involved, where does this leave the Seller Kick Back Scam. Well then I guess it would be some sort of Tax Fraud.

Because your Exchanging the $200,000 you REALLY got, but the Paperwork says you Got More then that... how do Realtors Explain that to Sellers. It looks to me like the Realtor just gets loud and Says it is Legal and the Seller Sits down and Shuts up...

Now What about the Buyers Tax Consequences in this Situation?

Well when the buyer goes to Sell the Property. They Paid $215,000 - yet they Really Paid $200,000 so if they sell for $215,000 they have no gain right? But in Reality they Really Do have a Tax Gain. And this is Legal to the Realtor, to all who let this Contract go through... which would include the Title Companies, the Lenders, Banks and Mortgage Brokers?

Also what about the Buyers Income Tax, Well they were Flat out Given $15,000 and they won't claim it because the Seller Claimed it and it was Tax Free, if it was Capital gains to the Seller and not part of their "Exclusion" well then the Seller Paid the Buyers Tax based on Capital Gains when Really it was Income and Income to The Buyer.

Does the Realtor Disclose to the Buyer that when they Sell, their Tax base is $215,000 and not $200,000? From what I see when this situation arises - no one explains - DISCLOSES any of this implications of all of this To Anyone.

No one is Policing the Real Estate Industry, the Ground Level where the real corruption and problem is No One is Looking. And well the Players at that Level they are Just trying to Make a Living and they don't get paid for their Hard Work unless there is a Closing.

So the Pressure To Close the Deal Surpasses the Integrity of the Deal and the Protection of the Consumer gets lost along the way. Meanwhile, the False Values and MLS Data increasingly Becomes False and then SHOCKING now people have loans for more then their real estate is worth. And the Lenders that allowed this Fraud - that Blatantly Allowed Appraisals to Come in High and that allowed Sellers Contribution that Created the Market Collapse - they Get a Bail Out. The Home Owner should Flat Out Get a Debt Reduction.

Lenders, Banks, Local And Federal Governments are Ignoring this is Fraudulent Behavior that affects every aspect of the Real Estate Industry.

This is Fraud Against the Stock Markets based on the Secondary Lending Market, which Let's Face it the Entire Economy is Rooted in the Real Estate Industry and without integrity there, without real values and The Controlling of False Bubbles a Collapse is Un-Avoidable. Never think they did not see it coming, they created it and the socked away plenty of Money for the Cartel at the Top of the Lending Industry.

Realtors in All this, well they Do the Dirty Work. And most just want to Close the Deal and do not look at the big picture of what it is doing to the market. The Realtor, as does the other parties to the Transaction, they just want a pay check.

IT is up to the Regulators of the Real Estate and Lending, Banking Industry to STOP this madness and even in an Economic Collapse and Real Estate BUBBLE Big Time Burst, this Stuff is Still Going on. Oh wait there is No Regulators... and the "Voice of Real Estate" THE " National Association of Realtors" well they don't care and they are NOT interested in Lobbying for things that actually HELP the Real Estate Consumer.

And the Realtor in all this, is Telling the Sellers it is Legal, and So is the Mortgage Broker. And the Realtor is NOT disclosing the Tax Consequences, the Mortgage Fraud Aspects and simply pushing the deal through.... even Right Now Today...

The Real Estate Industry is Broken and NEEDS a Complete Makeover - RIGHT NOW....
National Association of Realtors, SEC Violations, Anti-Trust Violations, RICO Lawsuit.
More on my Yammerings on the Real Estate Industry at

R
www.RealEstateIndustryWhistleblower.com
and

www.RealtorSucks.com

National Association of Realtors, Sellers Contribution

Kevin D. Padrick, in Effort to Conceal His Oregon Bankruptcy Corruption is Still Attacking Stephanie Studebaker-DeYoung and Using your Tax Dollars ..

2010-01-12T20:39:00.000-08:00

Kevin Padrick of Obsidian Finance Group in Oregon is Still at It..

The Oregon Courts want to Hide Kevin Padrick's Dirty Little Secrets So Go on Over to http://www.youtube.com/user/Summit1031bk and Take those Videos and Re-Post Everywhere, as the Truth About Corruption in the Oregon Courts is Everyones Business.

Seriously Why Now? Hasn't Kevin Padrick Taken Enough From Stephanie DeYoung?

Hasn't Kevin D. Padrick of the Oregon Attorney Fraternity already silenced Stephanie's Efforts and gotten his First 2 Million dollar paycheck with lots more to Come?

This Has already been Proven but as we all know Facts and TRUTH are not Part of the Courts, all that matters is who they need to Make Look Like they are Not Credible, so they put the Squeeze on Stephanie NOW, when theses Videos are already everywhere.

All Kevin would have had to do was to be honest with the Department of Justice, to Be Honest with the Oregon Bankruptcy Courts and the Creditors.. .instead he fought hard and DIRTY to keep his Blood Money Pay Check and Now he Wants MORE.

These Videos were Downloaded around the World Last Summer and Now Kevin is in Control of the Oregon District Attorney Phillip Duong and Bring "'Como-Obtaining Contents of Communication "" - Stay Tuned for a lot more on that law, case examples and a whole lot more Legal Stuff to Educate you on the REAL Oregon Law and Constitution so you see how Blatantly Above the Law Kevin Padrick - Oregon Attorney Really is.

Kevin Padrick is Seemingly Above the Law, stay tuned to this Blog on how to file Criminal Charges of Your Own and How to Bring Federal Charges against Local Courts that work with Favored State Attorneys to aid and abedd them in their corruption.

Stephanie's attorney had her ask Me to take some videos down until it is determined to be legal, and I find this VERY disturbing because after the Court Corruption I have seen since I started My Industry Whistleblower blog network a few years ago, what this means to me is that Now Kevin Padrick is Using the Local Courts to STOP the TRUTH and in this the Real Estate Consumers WILL never get justice.

If he local Law goes for Criminal Charges and Violates Civil and Human Rights in the Process and Wins ( oh and they usually do) - Once this happens then the Creditors have LESS of a Chance of Seeing their Money because Stephanie DeYoung is the Only TRUTH out there holding the Bankruptcy Courts in Oregon Accountable to the Real Estates Consumers ( the Creditors) whom in My Opinion Kevin D. Padrick is ROBBING in Broad Daylight and Cannot be stopped.

Kevin D. Padrick, Obsidian Finance, Oregon Attorney is
Now Using your tax dollars and using
Oregon Law to shut up the truth.

Why is Kevin So interested in getting the videos down?

Stephanie DeYoung has already declared bankruptcy due to the fallout of the Summit Bankrupcty, and he already has his BIG Fat UnEthical Paycheck and has Proven that he controls the Oregon Bankruptcy Courts so what more does he want?

The Meeting in the Video is NOT that Secret, it is Public Information and to use a Local DA to do Kevin Padrick's Dirty Work, Shocking Really.

Why is Kevin Padrick using his Man Power and Money to Push for this after 6 months and to Charge Stephanie Studebaker-DeYoung with a Crime?

Well He Needs this to Get his Credibility back. It seems if the TRUTH is Silenced then Kevin Padrick can once again submit BILLS to the Creditors Committee, to the Dept. of Justice Trustee and No one will give him and his Cronies a second Look, but first to Silence the Truth and to do that Kevin Padrick is Using Philip Duong, Oregon Deputy District Attorney.

Kevin D. Padrick is such a Big Shot in Oregon, he snaps his finger and the DA Jumps.

The Meeting in the Video that Kevin is Trying to Hide
was held at the instruction of Judge Randall Dunn.

See the audio from the presentation...
“Click here to listen to the audio of the communication between Judge Dunn and me”

It should be part of the bankruptcy court since it was part of the bankruptcy proceedings. Kevin D. Padrick wants to make sure this video, these videos never gets into the court and that it is off the internet because the truth is hurting his company and his "good name".

Remember This:

http://www.summit1031bkjustice.com/?page_id=1810
see attached.

The Video was NOT Illegal, but a Local DA can Make it that way because it is not about the TRUTH or the LAW, it is about Kevin Padrick Getting his way.

Below is from
www.Summit1031BkJustice.com

"I spoke with Terry Vance (CRO whose job was taken by Kevin Padrick) and he said that he told Jeanette Thomas (Perkins Coie – Creditors’ Committee attorney) that he did see the camera equipment. I believe Vance confirmed this with the police so they haven’t been bothering me with my posting on the Internet of this taping.

See for yourself if you think the video equipment was concealed.

I had a criminal attorney, Mark Anderson,
assess the matter prior to posting and I collected all the evidence…

a) Audio of a hearing (around 9 minutes is where I asked for the meeting.
Oregon Court Corruption
b) Email to Ms Vivienne Popperl – attorney for US Trustee.
Oregon attorney complaint
c) Taping Kevin Padrick and Obsidian Finance Presentation
ii) Mark Anderson gave me the go ahead – Click Here for Letter.

iii) You can see in the video when Terry Vance
looks at the laptop with the web cam & you can see that Here -
the video equipment was not concealed. ""
Kevin D. Padrick,
And Still NOW in January Of 2010 Kevin Padrick Proves that He Owns the Oregon Courts and No One Seems to Find this Suspicious... Hmm...
Kevin D. Padrick,
Pay Attention to What Is Going on Folks, and Email Us any Information you have on Anyone on this Blog, Crystal@CrystalCox.com also Stay Tuned for How to File Your Own Judicial Complaints, Criminal Complaints in The State of Oregon and More about a RICO Lawsuit on all this and an Oregon Grand Jury Called to Investigate all Of Kevin Padrick's Past Deals.. .. All of them..
Kevin D. Padrick,
Oh and Believe Me THIS will BE News and will BE everywhere, We will Be Following How the Oregon District Attorney handles this and to What Level of Corruption Kevin D. Padrick will go to Hide the Multi-Million Dollar TRUTH.

Also, Personally I hope it Goes to the Oregon Supreme Court so We can See if Oregon has More respect for the Law then the Stories we are Getting out of the NY, FL, and MT Supreme Court.

THIS Kind of Harassment Allowed even after it has been this long and proven, well once the Oregon Courts Have their way with Stephanie, then on to higher and higher courts and Boy Howdy is Kevin Padrick in for Some Punitive Damage, Look what he is Being Allowed to Do. And the Oregon Courts allowing him to do this, Folks your not Powerless you can File Criminal Charges against ALL, no one is Above the Law - even if they are a Lawyer.
K
And don't Forget Stephanie had already Defended herself on this
and still the Oregon DA in Bend DOES NOT CARE....
http://www.summit1031bkjustice.com/wp-content/uploads/2009/08/presentationtaping_20090715114130.pdf
Oregon Court Corruption
For More on this Go to the blogs Below

www.ObsidianFinanceSucks.com

and

www.Summit1031BkJustice.com

Kevin D. Padrick, Oregon Attorney Complaint, Bend Oregon News, Oregon Judicial, Oregon Law News, Bankruptcy Fraud, Real Estate fraud, Obsidian Finance Group LLC

Real Estate Coverups - Do NOT Ever Think that the Powers that Be did not Know this Crash Was Coming.

2009-12-07T20:57:00.000-08:00

You Pay the Price for What Lenders Knew all Along Was Happening. Lenders, Banks KNEW, there is TONS of evidence to prove this, and I saw it first hand time and time again.

Banks got you into this Mess, NAR went right along with it and encourage these "Home Values" with no data policing of ANY kind, and with giving constant false consumer confidence as well as pushing your Governing Bodies to create laws that benefited lenders to let more money out to you the real estate consumer while at the same time giving NO Consumer Protection What So Ever... NONE..

Home Inspectors were pressured to Make the Deal go or Get no Business and I have seen this state after state, it is not an isolated incident, nor is it one of the "Agenda's" that the National Association of Realtors Lobbies for, as all the rest of their Bullying and Clout that changes laws and creates rules for NAR to Keep it's unEthical and Immoral Monopoly on the Real Estate Industry.

In the Concept of "Making the Deal Go" there are few innocent parties. The Mortgage Brokers is often involved, their is sometimes magical "Comps" that appear for appraisals, there is new SOLDS that just show up turns out a buddy bought the property with barely anything as a down payment just to get a COMP, there are many factors that "Create a False Market". And NEVER ever believe that the Lenders did not know, they were well aware of this Bubble getting bigger and they were certainly positioned for it, though the public things they went bankrupt. However, if they knew it was happening all along, surely they hid assets, I mean come on....

Read the Following Quote from Ray Wilson Author of 'Bought Not Sold':

" Inspectors, appraisers, and even lenders who honestly expose "unattractive" facts about value or property traits get labelled as "deal breakers" and have good reason to fear consequent boycott. Recently (1999), DATELINE-NBC did an expose on inspectors under the thumb of listing agents. The problem is so severe that as of this writing (2/19/01) more than 4,500 appraisers have signed a petition to Federal authority for relief from lenders, real estate agents and others who exert pressure to force them to "inflate values" and "ignore deficiencies."

This is From the Following Link..
http://www.cognabooks.com/site/collapse.html

r
So Forced Inflated Prices, Forced Closings on False Values. And now YOU are losing everything. The Real Estate Industry has betrayed you and they did so knowingly, it was NOT a secret that this was going on, and now those who caused the mess, created the mess they get a bailout, they get to keep making a living off you. Different real estate consumer now though, too bad, but you guys are losing your home, so the real estate industry is selling them at less then loan value to NEW investors, NEW homeowners... and will not lower your loan, but give a loan of a lesser value to a new buyer.

And in the Drivers seat of this Horrible Real Estate Consumer Attack is the National Association of Realtors, who with Realtor.com owns interest in Move.com, HomeGain.com and tons more "affiliations" - meanwhile they petition your government to enact laws that benefit them and those they have these cozy affiliations with, including Cendant, Coldwell Banker, ERA, C21 and all those that are part of Apollo management Conglomerate that has a name change and financial makeover every few years... and also own part of Realtor.com and those same Revenue Streams. All these connected with Lenders, Mortgage Brokers, Websites and they are all after a part of creating a Real Estate Hoax to suck your money constantly all while you think that the of a "Higher Standard" and the "voice of real estate" NAR claims to be has got your back, is protecting you and actually cares about your best interest.
r
So When do Real Estate Consumers DEMAND accountability from those who supposedly govern and regulate the real estate industry?
r

When Do Real Estate Consumers get treated with respect and not just as a way for the Real Estate Industry and all it's parts to make a living feeding off of them with no Protection or Accountability provided to them in return for their money, confidence and constant business?
r
Knowledge is Power.

And once the Real Estate Consumer is
EXPOSED to the Truth and they really see what is going on,
and how they have been tricked, deceived, lied to and cheated
by the real estate industry and all it's parts, the Real Estate Consumer
will be Outraged, and in this the Real Estate Consumer will DEMAND
accountable and then and only then will the Real Estate Industry Change.
r
The Solution is a Total Makeover of ALL Parts of the Real Estate Industry and to Get the National Association of Realtors out of Real Estate. STOP using Realtors in Your Real Estate Transaction.
r
NAR is a Cartel, and currently it is almost impossible for MOST real estate agents to do a good real estate business without the use of the NAR data base. Add that to boycotts of non-NAR members and well even agents frustrated with the National Association of Realtors can't find a way to quit and still do business.
r

Time for Change.

Brian Utley - WhereToLive.com and the Iviewit Trillion Dollar Heist.

2009-12-06T22:04:00.000-08:00

Brian Utley and the Stolen Iviewit Technology, is there a Connection?

What is Brian Utley up to These Days, How much money did he Make on the IviewIt Stolen Technology Heist? If Any...

Brian Utley is Now at WhereToLive.com who in 2002 was seeking 15 million for their Real Estate Website ... Mega Site to lure in "Realtors".. this is not good for consumers, and well not really good for "Realtors" either, it is just another Mega-Site to distract your buyers...

more on My Views of the Real Estate Industry at
www.RealEstateIndustryWhistleblower.com

Brian Utley joined WhereToLive.com after a career in the IT industry. What does this mean exactly, well many sites and blogs talk about Brian Utley NOT being a Stranger to the Stealing of Technology, apparently that is just part of his resume. He spent 37 years with IBM, isn't IBM one of the big Companies that benefits from this Stolen Patent, Stolen Technology that IviewIt, Eliot Bernstein Invented? Brian Utley supposedly was responsible for the development of many of IBM’s small and intermediate systems including the S/38, AS400 and PC. Is this True, did Brian Utley really have a role in this development or is it simply another STOLEN technology from some Inventor that no one has the Moxy to stand up for?

Brian Utley claims that his influence within IBM impacted virtually all computer-based technologies and resulted in his appointment as Vice President and General Manager of the Personal Computer Division. Is this True of Brian Utley? Why did he Leave IBM, what is the Real Story of Brian Utley and what is Brian Utley's REAL connection to the Stealing of Eliot Bernstein's invention of the iViewIt Holdings Inc. intellectual assets...

Since Brian Utley retired from IBM, he claims to have assisted a number of start-up companies in the manufacturing and IT industry. You can translate assist as in Stealing Patents and Technology right out from under them with no Consequences or Accountability and then investing in another "start up" company which really is using the technology he stole from some other guy.... it is all a tangled web... and still Brian Utley is not really retired, though I would think Stealing Patents could wear a guy out and when do you get to just sit back and enjoy the money you earn?

I guess Brian Utley is like a Long Tailed Cat in a Room full of rocking chairs, seems to have a reputation of stealing patents, must not know who to trust or who will Rat him Out.

Brian Utley claims that he has a vast experience in technology, management and business development and this apparently makes hime a great asset to yet another not consumer friendly useless Real Estate Mega-Portal called WhereToLive.com .

What is Brian Utley's Role in the Stealing of Eliot Bernstein and IViewIt's Technology? Well Expect to find out a Whole lot more about Brian Utley, from What I hear... skeletons are rattling in Brian Utley's closet RIGHT NOW !!!
r

www.DeniedPatent.com

STOP Banks, Realtors - Give Homeowners a Break for Crying OUT Loud.

2009-11-05T13:38:00.000-08:00

NAR, local - state and national is still pushing for more development even now when homes are being sold for under their mortgage value, still the Realtors want more building, more developing.. and the goal is simply Realtor Money.

They want the money let lose so they can build housing communities in the name of low income, elderly or whatever... when in truth banks are facing 50% reduction in some towns and still can't sell those houses.

So STOP Building, and Make banks cut mortgage in half and let the owners STAY. Stop the madness, NO more Loan Modifications where the Owner still pays full price they just get lower monthly payments so they can afford to Stay. Banks got a Billion Dollar break in their bailout, and they are still throwing out homeowners even though they can't sell the homes after the owner is out.

It is time for real estate that makes sense to the real estate consumer, protects the real estate consumer and is really about the real estate consumer... I mean they have created TONS of little and big industries around your real estate listing... THEY need YOU.. you DO NOT need Them..

Crystal L. Cox
Real Estate Whistleblower

Sellers Can't Tell Buyers All they KNOW - they Simply Can't

2009-11-05T13:15:00.001-08:00

You have to pretty much accept that your going to get screwed in your real estate transaction. The Seller cannot tell you every little thing about the home, the property, the area, the neighbors or they would never sell. It is your job to find these things out as a buyer.

A Seller wants to Sell and in this market may even really NEED to sell, so you had better do your own investigations or hire.. and PAY a real estate consultant that won't push you either way but instead just tell you the facts. See if a Real Estate Consultant gets paid either way there is no incentive to lie. Well yes pay offs and such.. but there is far less room for fraud and lies then in the current system...

Removing Dual Agency will NOT Fix the Rampant Fraud, Special Interests, Lack of Accountability, Affiliations and Flat Out lies in Real Estate.

2009-11-05T12:47:00.000-08:00

You Sign a Listing, You Should Be Signing a Consulting Contract, anyway you sign and then you want the Listing agent to Find a buyer, Sellers call me constantly wanting to know how it is going and if I have found a buyer or any interest on their real estate for sale.

Sellers expect that in signing a listing contract with me that I will actually market and actively seek a buyer. It is appropriate that a Seller want their Agent to actually sell the real estate they kind of hire them to sell. And by kind of I mean, the Seller does not really hire the Real Estate Agent, they simply give them permission to Try and Sell the Property and to try and Make a Living from it. If the Agent Does not sell the property well then their hours of work, their time, their stress... and all that well it is lost. Another Reason that Real Estate Consulting is more of a win - win and an actual service.

If there is No Dual Agency then the Seller Hires the Realtor, and the Realtor sits and waits for another Realtor to sell the property. Sellers' don't like this and well they get down right upset, and rightfully so, at a Real Estate Agent Who does not actively market and seek a real estate buyer. If no Dual Agency then you market and Sell to other Realtors so they find a buyer, or you would pass the client of to another Realtor in the office to represent the Buyer... but this is DUAL Agency as well, for the Broker is really whose listing and buyer it really is.

Real Estate is Simple. A Buyer is looking to Buy, A Seller is Looking to Sell - you can connect on the Internet for Free, have a Title Company write up your deal.. and get on with your life. Though I recommend many things be in that contract, I don't believe your Realtor knows what you need to have in that contract to protect you. You need to know that and make sure that you are protecting yourself, no one else really cares about your fate, your quality of life or your future.

You don't need to pay FSBO Companies, you Don't Need Home Value Sites, you don't need Realtors, just put your place for sale and find a buyer. The Market is what it is, if Buyers can find you they will take a Look. The MLS and Mega Sites of Any kind are not really the best place to find you, they don't single you out, they don't provide a way for you to get FOUND, they simply create ways to get internet traffic and sell people stuff, and they use your real estate for sale to do it.

So There is currently very few Consumer Friendly options when you go to sell your home. So just do as they say, sit down and shut up and pay them.. Right?

You Should have Way more Rights and these Rights need a Way to Actually be REALLY enforced.

In a Dual Agent situation the Listing agent gets a Buyer and now they cannot tell either side anything really because they represent both. SO the Buyer and the Seller are left to fend for themselves. Some see this as bad, and well it is, however removing Dual Agency won't fix this. The Consumer in todays real estate market is really without real representation anyway.

There there desperately needs to be more tools for the real estate consumer, better ways to enforce laws and to hold Real Estate Agents and Brokerages accountable. The Real Estate Consumer needs to be empowered. Instead you are just a pawn in the games NAR plays... and NAR caters to HUGE relocation companies, insurance companies, banks, lenders and their own pocket book... so You Lose.

I say do away with "Realtor" and only have Real Estate Consultants that provide a fee based service and get paid, and far less whether the deal closes or not. This removes the major incentive to lie, to hold back adverse material facts, to commit Silent Fraud.

Take Back your Power.

Buyers Want to Buy

Sellers Want to Sell

Why all the Room for
Lies and Fraud?

Why no Accountability?

Why are Real Estate Consumers
Not Really Being heard.

crystal cox real estate consumer advocate

Crystal L. Cox
Real Estate Whistleblower

Real Estate Buyer Asks..Seller Jerked me Around - Do I have Recourse?

2009-11-03T11:49:00.001-08:00

I am not a Real Estate Attorney, Nor am I Trying to Give Real Estate Legal Advice of ANY kind, I am a Real Estate Broker Owner and Giving you my “Opinion” based on my Real Estate Experience as a Real Estate Broker Owner.

Question Asked: the Question is in Blue and My Thoughts on it are in Black.

“I am the buyer in this case and what i'm dealing WITH IS MOST DISTURBING .
the realtor who listed the property misrepresented the listing, it was only four days old and wasn't described as a short sale.

I am not sure that Realtors have to disclose it as a Short Sale. Though your Realtors should disclose all known facts. I would say offer what you want and see if the Seller takes it, if the Seller is a bank or a Homeowner they will either take it or not. I don't see alot of ads that describe properties as 'Short Sales', not in my area. I see buyers simply make an offer, when the offer is less then the Loan it is, of course a Short Sale, however not sure on the Legal Requirements of Disclosing this Known Fact.

We were informed at the time of signing, after we signed, (our realtor called the listing agent to inform him that she had a signed contract), that the bank probably would't agree because of the bank instructions they would only accept a certain $ amount.

A buyer's agent would not know if there was information in the Listing Agent's file that said a bank would only accept a certain amount. This usually comes up when an offer is presented, because Realtors don't often communicate to well with each other. The Buyer's agent should have had this conversation before wasting the Buyers time or getting the buyer excited about the property. However, I don't believe it is "illegal" or really even unEthical at this point, it is just oversight.

The offer was submitted and the seller agreed but the listing agent said the bank wouldn't accept this offer and wanted the money offer increased. We said OK and resigned.

See now at this point many things can and do happen, the Listing Agent could be Lying. They may do this because they have a buyer that wants the property for CHEAP and then will re-list or profit share with the listing agent. It could be that the listing agent wants to buy the property or has family that wants to buy the property. Many times a listing agent will make stuff up to get a buyer to "Give Up" and the "Agendas" are far from Fair and Ethical.

If the Seller agreed then the Seller needs to sign the Offer. If the Bank really did refuse the deal well then You the Buyer need to Request this in writing from the bank and signed by the Seller as well. The Realtor CANNOT just say the bank won't take this. This is a way of spooking you from the deal for ulterior motives.

Then we were informed that the bank was going to auction the following friday, seven days from the signing. the seller "I was told" filed for Bankruptcy the day before the auction, which delayed the auction.

I didn't believe this, however the listing agent said he would try to get the short sale extended. Our realtor than said to get things going, that way when she hears from the listing agent we would be ready to proceed.

Yes you want to be ready and have your financing under way. It does sound believable that a Seller would file bankruptcy to buy time. This does not mean that a bank would not take a short sale. However to negotiate a Short Sale takes finess and many Realtors in this market just don't get it.

Two weeks later after the listing agent got back from his honeymoon, he informed our realtor that he got a new extension, from the lender.

We now had a gfe and were ready to close, upon informing our realtor that we were ready, i received the following response, "Seller doesn't want to sell they want to stay in house and live there for free but will sell to you in six months",

Well there is not much you can do with this, the Seller has Legal rights during foreclosure and the banks have to act within those rights and within the State Laws that apply. Many Sellers are choosing to stay rent free until they lose everything. They do this to gain a little ground financially before moving on. It is their only hope in this market collapse that was created from False Home values created by Lenders, Appraisers, Realtors and Mortgage Brokers...

I contacted the bank(their) and sent all the E-mails showing the deception on the part of the sellers and noting they were stalling. the bank requested our loan number and my authorization in the matter and were waiting for a response.

In the mean time I received a recission agreement form which I did not sign and sent to the bank, showing that the sellers want this delay.

Well I would not sign that, this could also be a trick where the Realtor is involved, and want to get another buyer in ahead of you. The Realtor often controls the Seller and this may be a way to get you out of the process, hard to prove though. If you want it, just stay in first place and wait it out.

we are not investors, we just want to move and were willing to meet all conditions.

Do I have any recourse?"

I would say you have No Recourse, though sad it seems all within the law. It is hard enough to have any kind of recourse in the face of Blatant Proven fraud on the Part of Realtors and Sellers, this is, well just an obstacle.. I say wait for the deal or move on RECOURSE attempts on this particular scenerio, well it will just cause you stress and tons of money....

My opinion... Walk Away... the Seller is in Severe distress
and is simply fighting for their life here...

Crystal L. Cox
Broker Owner

Real Estate Consulting

Selling without a Realtor

2009-10-29T14:43:00.000-07:00

You Do Not Need a Realtor to Sell your Real Estate. You need to take an active constant role in Selling your Own Real Estate as an Internet Savvy FSBO.

Selling Without a Realtor - Powerful Secret Selling Tip from Real Estate Industry Insider - Real Estate Broker Owner

2009-09-13T14:53:00.000-07:00

For Sale by Owner Super Selling Tip.

Use Every Option Available to You.
Download My Secret Selling Tip Now
and Make Sure that You are Using All Available Options.
r
Do Not Sell Using a Realtor.

My Name is Crystal L. Cox, I am the Real Estate Industry Whistleblower. Selling With a Realtor takes YOUR hard earned money, Does not Provide you ANY Real Estate Consumer Protection, Causes you Great Stress and Well.. Selling without a Realtor is Easy with the Power of Internet Marketing. More on that Later..

For Now here is My Secret Selling Tip to Get all the Real Estate Brokers in Your Area Working for You and Other Selling Without a Realtor Tips..

I am a Real Estate Broker Owner, I use this Powerful Selling Tip to Sell my personal real estate and the real estate of my closest friends and family.

This is an Amazing Real Estate Selling Secret Sales Tip from the author of the Outspoken Confessions of a Realtor Blog found at www.SavvyBroker.com .

Selling your Home is not easy. Selling a Home Fast, even harder. Secret Selling Tip for Selling your Home Quickly and in any Market is a Powerful Selling Tool to Use Right Away and it Works.

Click Here to Download My Secret Selling Tip

Crystal L. Cox
Real Estate Broker Owner

Give Credit Where It’s Due, Posted By Charles McMillan - Crystal Cox Broker Owner Says Look Deeper

2009-06-16T23:51:00.000-07:00

"Give Credit Where It’s Due, Posted By Charles

According to NAR research, the percentage of first-time homebuyers has risen from roughly one-third of all buyers in January to just under half in March and April. Why the sudden jump??
The answer is simple: those buyers have an $8,000 incentive, in the form of a tax credit, to buy now.

We’ve heard from a lot of members lately who would like to see the tax credit expanded.
I recently asked our Chief Economist Lawrence Yun what the impact on the market would be if Congress extended the credit through 2010 and offered it to all homebuyers. According to Lawrence, those changes could result in 800,000 additional home sales this year, raising the total from 5.4 million to 6.2 million. That would certainly take a big bite out of inventory and help stabilize prices.

And, that’s not all…
When you consider that for each home sold in the United States $62,000 is pumped into the national economy, the resulting impact of expanding the credit could be nearly $50 billion. That’s what I call a true economic stimulus!

NAR is working with members of Congress to introduce legislation that would expand and extend the credit. We will keep you posted on those efforts in the months ahead.

In the meantime, we would love to hear your stories about how the tax credit is helping consumers in your local markets. Post your experiences right here on the Voices of Real Estate blog, and we’ll share them with lawmakers. Help us tell Congress to give credit where it is due – to ALL homebuyers. – Charles McMillan, 2009 NAR President "

Link to Post Below
http://narblog1.realtors.org/mvtype/president/charles_mcmillan/

**********

What Do you Consumers Think?

r
Do you think that this $8000 Credit for first time homeowners is a big deal? Well it sure did bump up SALES, according to Charles McMillan, so it MUST be good. Sure is a GOOD thing that NAR lobbyed / advises ... blah .. blah ... blah.. to get this one in to "stimulate the economy". Translation $8000 is NOTHING, seriously NOTHING, if a mortgage broker is involved that will barely pay the Lending and Mortgage Broker fees of a no money down loan. But that s the point right, just enough to get them in, to pay those PROFESSIONALS and too stimulate the Economy.
r
$8000 will not make a down payment, but who cares it gets you in... then the Seller can pay the Realtors 6% so say around $18,000 on a $300,000 Home. Yee Haw, the Realtor gets a big fat pay check. The BUYER gets into another Greedy Grubbing Bad Loan where almost one hundred percent of their monthly mortgage payment goest toward interest and is money to the banker, to the mortgage broker, to the lender and this HUGE debt is an ASSET on the BOOKS of the lender and they can actually use this asset to trade, to get loans, to juggle really BIG money on your DIME... and for decades or until SORRY you lose your HOME.
R
Don't let anyone kid you, Realtors want this CRAZY incentive to get them back in the full swing of Selling You Real Estate. You know as well as I do that $8000 won't get you far, but it sure does get a Cha - Ching for a Realtor somewhere.
R
This is ONLY to benefit Realtors and buyers may feel great at first, wheeee WE got a home but that will wear off and you will have to sell and the Handy Dandy Realtor will be there to MAKE MONEY again and again off you SITUATION... they GOT YOU IN...
r
The Cycle Continues.. this Year Charles McMillan at the Helm...
r
NAR working with Congress to CREATE Legislations... Worry Folks, Real Estate Consumers Rise up and Tell NAR to get OUT of your Business. NAR "works" with Congress on what is Good for NAR not for you... unless you just happen to benefit from something they do, it is NOT the PRIMARY goal.... they are Realtors, they are an ASSOCIATION, me as a Real Estate Broker supposedly get to CHOOSE whether I am a Realtor or NOT ... yet NAR - gets to be the Voice Of Real Estate Lobbying, Working with, Advising your Government on what is best for you...
r
mean while NAR has no accountability for the agents in your town who Fail to Disclose Known Defects, who committ deliberate and obvious fraud, who violate the Ethics and Standards that NAR so BRAGS about, NAR Fails to police MLS data for QUALITY, NAR does not listen to Honest Law Abiding Broker Owners who try and Really change the real estate industry for the better, NAR does NOT, Cannot or Will NOT do what they promise to do in ANY way, and yet their AGENDA is to "Work with Congress" to supposedly make things BETTER for Consumers ?????
r
Consumers NEED to "Work with Congress" and Get Realtors out of the Middle of Their Real Etsate Transaction.
r
If NAR cannot even uphold the bylaws, member rules, codes, ethics, standard of practices and other Lying Promises they make to us as Realtors and we in turn Make to Real Estate Consumers then Fire NAR... don't let them work with congress on your behalf.
r
Is Congress foolish, did they not see the mass NAR "Agenda" of Buy - Buy - Buy all the while media everywhere talked of an ecoonmy collapse, talked of the secondary market and how bad it really was and yet Realtors said to BUY.. now they are involved with, WORKING WITH CONGRESS, to see what else they can take from the Real Estate Consumer.... who Will STOP NAR ? My guess is no one.
r
And you will continue to SUFFER every day for the NAR's lack of holding Realtors accountable for what they do that Takes Your Life as You know it Away Forever while they get to keep on making money at real estate, get away with fraud - lies and deception years on end and NO one is watching. Guess NAR is too busy WORKING WITH CONGRESS to give a Rats Patoot about what is Going on in the Real World of Real Estate that Really affects YOUR LIFE... whatever as long as NAR stays in Business and I mean VERY - very BIG Business.

Posted by the Real Estate Industry Whistleblower
Crystal L. Cox
Broker Owner
r

I am the Voice of The Real Estate Consumer. NAR says they Want to Hear from You.. BULL they want you to Sit Down Shut up and Pay them to TELL you what is BEST for you.. I mean after all Realtors do go to school a whole week..

Who is Bob Shelton ? Real Estate Investment Broker ?

2009-06-15T13:08:00.000-07:00

Someone from BobShelton.com visited my http://www.realestateindustrywhistleblower.com/ website and so I wanted to See what Bob Shelton is all about, what he offers... that info.. coming soon.

There are Too Many Houses, Empty Houses, People Out of their Homes...

2009-06-12T15:12:00.000-07:00

Builders and Realtors Unite to Lobby for laws that Force them in your life. Tons of foreclosures, and empty houses and they demand that money be let loose so that buyers can buy their new construction. Now the STANDARDS of that construction, well that is whole other topic for another day.

STOP overbuilding towns just to make developers and Realtors more money while at the same time directly attacking the Real Estate Consumer....

Builder Article... Below

"Builders Converge On Capitol Hill To Urge Housing Stimulus

January 8, 2009 - Less than 24 hours after members of the 111th Congress were sworn into office, the National Association of Home Builders (NAHB) launched an all-out effort to make housing a centerpiece of the massive economic stimulus package that lawmakers are expected to complete by mid-February.

More than 80 builders from across the country converged on Capitol Hill yesterday to meet with the congressional leadership and key members of the banking and tax writing committees to convey the message that a housing stimulus is urgently needed and that restoring demand for housing is the fastest and most effective way of reviving the economy.

The key ingredients to the recovery plan call for Congress to support enhancements to the home buyer tax credit, to provide below-market interest rates on 30-year fixed-rate mortgages and to continue foreclosure prevention measures such as those advocated by Federal Deposit Insurance Corporation Chairman Sheila Bair.

Underscoring the urgency of the situation, in a briefing to builders before their meetings with lawmakers, NAHB Chairman Sandy Dunn said: “Our industry stands at a crossroads and our efforts here today are vital to the housing industry’s ability to weather this storm and come out the other side healthy and in a position to grow.”

“Congress must understand that housing is central to the economic crisis, that housing has led our nation out of past recessions and that it can do so again,” she added.

NAHB President and CEO Jerry Howard stressed that NAHB, as leader of the Fix Housing First coalition — which consists of more than 600 organizations, home building companies and manufacturers — was marching to Capitol Hill to show a united front.

“The message we are sending to Congress — there are no large builders, no small builders, no low-income builders, no suppliers and no manufacturers,” he said. “We’re all in this together and we are all focused on the stimulus package. We are talking to our members of Congress about a proposal crafted over the past several months that will fix both the supply and demand side of housing.”

“Over the next year, the stimulus plan will increase economic activity in every state as vacant homes are absorbed, households are able to relocate to new jobs, home values are stabilized and local property tax revenues return to their pre-recessionary levels,” said NAHB Chief Economist David Crowe.

This year alone, Crowe said the plan would result in 200,000 additional new home sales, 1 million more existing home sales and a boost in expected housing starts from 649,000 to 908,000, on par with last year’s level.

In addition, the plan this year would create more than 539,000 jobs, generating $26 billion in wages and salaries, $21 billion in business income and $28 billion in federal, state and local tax revenues.

“The excess housing inventory in today’s market is the result of unprecedented foreclosures, not overbuilding. That’s why we support Sheila Bair’s foreclosure relief plan and any common-sense proposal to alleviate the foreclosure problem,” Howard said.

To underscore this point, single-family housing starts as of November 2008 were at 441,000, the lowest level on record and a decline of 76 percent from the peak in January of 2006. In addition, an increasing share of new single-family homes were being built under contract for the owner and not speculatively.

Under Bair’s plan, the federal government would provide $24 billion in loan guarantees that could help as many as 1.5 million home owners modify their existing mortgages and avoid foreclosure.

Putting the situation in starker terms, Crowe said that barring any significant federal action, 4 million strapped borrowers could lose their homes this year. “There are at least 1.5 million excess empty homes on the market today. That does not include homes people live in and want to sell,” he said.

In order to stabilize the marketplace and put a floor under declining home values, NAHB and the Fix Housing First coalition are calling on Congress to pass short-term, targeted incentives that spur demand and encourage Americans to buy homes.

Specifically, a temporary, expanded home buyer tax credit is needed to reduce excess inventory and encourage fence sitters to enter the market. The Fix Housing First legislative proposal calls on Congress to enact a stimulus plan that would reduces mortgage interest rates to as low as 2.99 percent on 30-year fixed-rate conventional loans purchased between Jan. 1, 2009 and June 30, 2009. The interest rate would be 3.99 percent for contracts that close between July 1, 2009 and Dec. 31, 2009.

At the same time, lawmakers need to make the current $7,500 home buyer tax credit much bigger and better, eliminating its current recapture provision and making it available to all purchasers. The coalition is calling for a credit amounting to 10 percent of the home’s price, capped at 3.5 percent of local FHA loan limits. This would range between $10,000 and $22,000.

The key is basing the credit amount on prices in each locality.

“Obviously, you don’t need a $22,000 credit in Bozeman, Mont. but a $22,000 credit will just get you into the marketplace in California,” said Howard.

The tax credit and interest rate buy-down are not new ideas, Howard added. “Congress enacted a similar housing solution in the mid-1970s when the nation was in recession. The plan led us out of recession then, and it can do it again.”

Bolstering the visits to Capitol Hill, more than 17,000 telephone calls and e-mails in support of the Fix Housing First proposal were received by the Congress from members of NAHB and the coalition.

To learn more about the coalition, go to http://www.fixhousingfirst.com/ . "

DOJ vs NAR Judgment Summary - Three Years... a Win for NAR ? What ?

2009-06-11T23:39:00.000-07:00

Things to Think about.
What is an MLS, why Was it established.

r They Make it Seem like Realtors are So innovative, this is not really so. And of course the MLS went online, it was easier and NAR knew that this Listing Content - Photos - information would Bring them Big Money in an Online World Where Content is King and they can use that MLS Data as something just like newspaper or magazine content so they can sell advertising, ad space and products to consumer and to the Realtors in the Field.
r