Monthly Archives: July 2010

Tweeting and ADD–I am starting to think there is a connection

Uncategorized, ,

I am new to social networking having started my legal career in Massachusetts in 1968, where a lot of the xerox copies were still “wet” and closing took  hours because the secretary for the Bank’s attorney (a cousin of the President who did every closing) started typing documents only when all parties appeared at the office.

In any event, we have come a long way from that spot, and I have embraced the new system of communication. I have my own blog sire; I write posts on ActiveRain (probably more often than I should, but I like to write). I am on Facebook, Linked-In, and I recently set up Masstitleexpert on Twitter.

Don’t get me wrong. I really do not undersatnd Twitter. I just though I would set up an account and get some “on the job training” by reading the Tweets of others. I am not following thousand of people; thousand of people are not following me.

On the other hand, I am starting to think that the people I am following have nothing else to do in their world than tweet. It is not uncommon for me to get 40 tweets an hour from these people. Some of the tweets are funny or informational. Others are just plain boring.

Am I correct in assuming that Twitter is really a device for adults who have ADD? Can there be any other reason for such a plethora of almost senseless tweets which people send. I would be more than happy to hear responses which say “you are missing the point”. What these people are doing is relevant. Please help me. I would like to know.

Selecting a Real Estate Attorney—Some Advice from the Other Side

Uncategorized, ,

In my over forty years of practicing real estate law in Massachusetts, I have had clients in all sizes and shapes. Many of my clients have been satisfied with my services, others not so much. When I have dissected what went wrong with the clients who were less than enchanted, I found that the old “C” word, communication, led to most of the disappointments on both sides.

With that inmid, I would submit the following set of rules to follow when considering attorneys to assist you in what will, perhaps, be the biggest single investment you will make in your lives.

   1. Ask the prospective attorney the following questions:

       a. Is real estate you primary area of practice? It seems so obvious, but many times you will have counsel who is “learning while you learn”.  This is generally not a good thing.

       b. Will you do this on a fixed fee basis or on an hourly basis? Many seasoned attorneys are not afraid to quote a fixed fee. Others will say “hourly” but will consider a “ceiling” on the amount of the fee. Some will day a fixed fee, with the understanding that if the deal goes way off the tracks, the parties may revisit the fee situation to assure that the attorney is not disadvataged when events really changed in the course of the transaction. In any event, too many people enter into a professional relationship with an attorney with no clear understanding of what the matter will cost, and that can lead to disatsifaction on both sides.

       c. Whatever is agreed upon for fees, enter into a fee agreement with your attorney. This should set forth the amount of your retainer, if any, the hoursly rate if that is the way the transaction is structured and any other important aspects of the attorney’s representation.

       d. Find out in advance if you can expect to be dealing with the attorney you slected most of the time. or if you will be dealing with an Associate or a Paralegal. My firm, Topkins & Bevans, is small, and one of my marketing approaches is “I am the A Team, and there is no B Team”. Other lawyers operate on a different basis. Find out in advance so you will not be frustrated because Mr. X or Ms Y is not returning your calls or emails.

     2. Once you have established the rules wth your attorney, learn to live with them. Attorneys, like any other professionals, cannot manage through exception. Realize that the attorney has other clients, and that sometimes you will have to wait for a response.

     3. Try to listen to the advice your attorney gives you. AsI said abopve, the purchase or sale of real estate is one of the most important things you will do in your financial life. Once you find the right attorney, listen to what he or she has to say. Many of us have been through thousands of transaction, and we know our crsft. Listen to what we tell you; we are on your side.

Life in the Pressure Cooker–Some Suggestions for Extracting Ourselves from Ensuing Difficulties

closing, Marketing / Communication, ,

As real estate professionals, we are more or less used to the stress level which exists within our clientele. I am a Massachusetts real estate attorney with more than 40 years of experience. I have bought, and sold, five and four homes, respectively. In not one situation was I calm and relaxed throughout the process. it seemed that there were a million things to do, and I did not have the time, or the patience, to tackle all of them. Sometimes the lender created problems with requests for information I was sure I had already submitted. Sometimes, the walk-through did not go particularly well. In one situation I had a flooded kitchen between the time of Purchase and Sale and the closing. That caused its own set of problems.

Looking back on my own situations, and the many others I have handled for others, I have developed a few tried and true approaches to the real estate “pressure cooker”, which I would like to share with all of you, whatever part in the process you are assuming:

     1. Try to Stay Calm. Problems are going to arise, and almost always when we least expect them. Acccept the fact that there can be problems. Think about your customer first. What can you say or do to assuage the issue. I have found that the last minute inspection problem, or the lender delay, or any number of other things which can delay a closing, or worse, are best addressed by calmness. Do not let yourself get emotional about the problems. Speak with the other professionals. Try not to relay bad news to a customer without suggested approaches to a solution. Think positive thoughts; convey your sense of confidence to your customer through your calm mien.

     2. Do Not Point Fingers. Many times the approach which appears simplest to effect is to blame another person or entity for what has happened, and step away. I used to do this, because lawyers are very fat targets when there is a problem, and I wanted to stress that I had done nothing wrong, but Mr, Jones or Ms. Smith, was the true culprit. I no longer take this approach. Rarely do real estate disputes actually result in litigation. More often than not there is a solution out there which everyone can live with. If I have been solution, rather than blame, oriented, I can preserve my relationships with the professionals I will have to work with at other times, and in other places. Furthermore, I have found that coming up with a solution in a difficult situation is the thng that a lot of people remember about me, and my firm, when the smoke clears.

     3. Do Not be Afraid to Call a “Time-out”. In our profession, no one really gets paid unless and until the deal closes. Sometimes, that colors our behavior. We all have lost deals, and spent time on matters that do not produce revenue for us. On the other hand, sometimes a deal just cannot work, no matter how hard we try to push it forward. Sometimes, it can work, but the financing must be re-tooled to fit the specific situation of the Borrower. My experience has been that it is better to call a “spade a spade” early in the game than to labor relentlessy on a project where there is little, ot no, hope of success. Call “Time Out”, regroup, and go a different path.

     4. Never Sacrifice Your Integrity to Make a Transaction take place. New financing rules have severely hampered the ability of the Borrower to exaggerate assets or income, or even lie about them. In a way, that has taken some pressure off the rest of us. There are still situations which arise, however, where a half-truth or a lack of disclosure may let a deal go forward. I suggest to each of you that you do not want to be a part of any effort which involves ANY deceit or subterfuge. I mentioned above that real estate matters rarely become litigations. If they do, however, and you are called upon to testify, you want to make sure that your behavior in the matter, from an ethical standpoint, is above reproach. Deals come and deals go. Your reputation is forever.

More Networking 101–Become the “Catalyst” who puts people, and deals, together

Marketing / Communication, ,

Like most of you, I have a relatively small group of real “friends”. Because I am a Massachusetts title attorney trying to grow my practice at every opportunity, I have developed a rather large network of contacts and acquaintances. We all know the risks involved in representing, and working with, true friends. Our objectivity is often skewed, and we make decisions for them which are not always logical or positive. That doesn’t mean we cannot work with friends. It just means we need to establish a more disciplined set of rules when friends are involved.

This post is designed to comment about the real potential we possess in our sphere of contacts and acquaintances. it is meant to encourage each of you to utilize these sources to build your business, and reputations.  By becoming the catalyst for contacts to broaden their own spheres, you can very often improve other people’s business or, even personal, relationships.

What I am driving at is that every one of our contacts or acquaintanenaces would probably be happy to meet someone, or come into contact with someone, who can advance their situation. We, as real estate professionals, are in contact with people from all walks of life each and every day. We not only deal with Buyers and Sellers. We deal with appraisers, contractors and home inspectors as part of what we do. Our goal, with any connection like this, is to help people come into contact with others whose skills or connections may benefit them.

I try to do this work as a catalyst as seamlessly as possible. I probe, connect and then step out of the picture. It is enough for me to be part of the process. I feel no need to be the “star”; I am just helping out. My thinking is that if I “help out” enough, someone, somewhere will start to view me as a positive and want to be involved with me professionally. This has not happened overnight, and, in fact, it never happens in some instances. But to be perfectly honest, I feel good about putting two people I like and respect together. It has been enough for me to do this even though real financial benefit may NEVER come from it.

There is one constant in our profession. Our reputation is all we really have to sell. You can enhance yours by working as a catalyst for the benefit of others. That is one thing I am sure of.

The Ins and Outs of Easements–A Primer for Non-Lawyers

Uncategorized,

Like everyone else’s business, my business as a Massachusetts title lawyer runs in spurts. Lately, i have been involved in three situations concerning Easements. In one situation, a client of mine is buying a guest house while the Seller is retaining the major home. All the systems, however, run through the major home. To make things more complicated, some of the utility lines actually leave the street and pass over the land my client is purchasing. A reciprocal Easement is needed to protect both sides in terms of repair and access. We are working on same as we speak.

The other Easements were retained restrictions imposed a relatively long time ago by a land owner who wanted to protect the environment. Since these Easements were put in place, the Towns where the property is located have become much more vigilant in enforcing local and state conservation laws and codes. The people who put on the restrictions originally now are willing to remove some of the more onerous restrictions.

Because they represent encumbrances of the title, all Easements start with an accurate title report. Until we know who are the current lien holders on the property, we cannot complete the Easement work. In the case of the major home-guest house, the owner of the major home has a mortgage on his property. A Subordination of this mortgage to the Easement must be obtained before the Easement can be fully in effect. This takes some time, so we will hold back some funds from the Seller until the Seller delivers the Subordination. One never knows how long obtaining the Subordination will take. I am going to request that 1.5% of the purchase price be held back. That should “encourage” the Seller to act quickly.

In the restrictive Easements situations, my goal is to either eliminate, or weaken, the effect of the restrictions. That will take some negotiating and compromise, but restrictions like these, while laudable, can really make the value of property diminish.

The last issue is whether a full certified Plan is necessary for an Easement. I have prepared Easements where a sketch of the property lines and rights of way is adequate. Naturally, I would prefer a Plan prepared by an Engineer in recordable form. Most of these considerations are financial, but unless there is precision in Easement drafting, which includes accurate depiction of the property in question, the money saved in the present tense may be spent many times over in the future.

Active Rain Got Active–I have a Local Connection that Will Probably Work

Marketing / Communication,

I am not going to divulge the name of this person. It is important to me, but really is not germane to the point of this post. Suffice it to say that this person liked some of the material I have been writing and re-blooged it on her own blog. She and I have made contact, and we are going to meet soon for a cup of coffee to explore future joint undertakings. The prospect of a new person to work with interests and excites me. To paraphrase a sports metaphor “It’s why we play the games”.

I have written almost 80 posts since February, 2009. I was reluctant to write at first. I have been more confident about writing posts in the last few months. To me, writing posts is like submitting a paper or a blue book in college. Once I am finished with the work, it is up to the reader to assess whether my work is relevant or useful. I have done all I can by writing the material.

So, when a person not only reads my stuff but thinks it is useful enough to include in his or her blog, that makes me feel that the effort is worthwhile. I can honestly tell you that I now have no idea whether something I write is going to achieve “Featured Post” status (it  has happened a couple of time) or crash and burn. That outcome is totally out of my hands. All I can do is continue to observe and analyze, and then write things down.

I am a Massachusetts real estate lawyer. Through my writing on ActiveRain, I may have made an important connection to grow my business. That is a serendipitous result from my real pleasure in writing for the Active Rain nation. I have this to be thankful for, and I wanted all of you who have commented on prior posts to know how appreciative I am of your feedback. It gives me ideas and insights. What more could I ask from any audience?

Looking to Help Your Customer Obtain Mortgage Financing–Don’t look Too Far from Home

Mortgages, ,

Yesterday, I was in a meeting with the Sales Manager of a local thrift institution. Her Bank portfolios all of their adjustable rate loans and all their jumbo product. They sell conforming product in the secondary market. This person informed me that on one day last week, she received an aggregate of 85 changes in the FNMA/FHLMC?FHA rules. In effect, her head was spinning.

She told me that her Bank was still lending the way it has successfully for the last twenty years. They try to understand the Borrower. They obtain information about the property and the Borrower which they deem important. They then make the decision about the loan. They try not to go way beyond their community for loans or Borrowers. At present, they have eleven(11) of their residential loans in foreclosure. They must be doing something right.

The point of this post is this. This IS the time for your local thrift. Their small size and intimacy with their customer base can now serve you and your customers. Stop in to day hello to the originator at the branch. Start introducing these peole to your Buyers. They are much more accessible than those bargain deals on the Internet, which crash and burn with regularity.

Stay close to home. The money is there for your customers, and, ultimately, for you.

kids ugg 5821 cheap ugg boots cheap new USA city hotels

Sports Representation,

The one titled Wake where Charles Durning plays kids ugg 5821 cheap a retired police detective and they call him back to help solve one of the oldest cases on the books. That was after Lounge. I don think I could have directed a episode without having directed a film first.

I get the feeling the is really struggling with being pregnant. I don know if it was something she didn want or not but it seems to be really hard on her. I know I do not deal with pregnancy well and I not a celebrity who fame is based on my looks. With online consignment services offering sellers 60%, if you’re selling primo stuff, ask the local boutique for more than the minimum 30% cut. Wainwright reports two annual spikes in consignments before the Christmas holidays, when sellers need cash, and after, when they’re angling to offload unwanted gifts. So consider consigning your designer goods ugg boots cheap new USA city hotels at a different time of year, when there’s less competition..

The lysates and precipitates were subjected to immunoblotting. (b) HEK293T cells were infected with either control virus or virus expressing TAP A20. The cells ugg boots with shorts fashion were untreated or are ugg boots cheaper to buy in uk treated with MV 1, a SMAC mimetic (5 for 5 hr. But she convinces the Elliots to keep their plans to ugg boots reviews explorer of the seas appear at the State of the Union in support of their country and president. It doesn’t hurt that shepromises tohelp them both retain their speaking engagements post divorce.That leaves just one other high profile SOTU guest to be convinced to attend Mellie. An impassioned plea from Fitz doesn’t do the trick.

Other highlights of the past week have included the following: Cara Delevingne on a night out wearing a onesie zipped up right over her face. Kate Moss enjoying holiday fun pulling hard on a ciggie and holding a chilled tankard of lager. Nicole Kidman onset for The Family Fang wearing an anorak (hood up) and Ugg boots.

Others revile it, calling the stereotype a form of veiled misogyny and consumer anxiety. Is there anything more basic than pseudo intellectual think pieces deconstructing and overanalyzing a dumb meme that doesn’t even mean what people ugg boots genevieve italian restaurant new uk think it means?As a white person, I fully acknowledge that I can’t even begin to understand the minority experience. But I can learn about it, talk about it and try to be part of the solution.”Basic” started its linguistic life as a term within African American vernacular English and ended up slapped on some white girl’s Instagram feed with a hashtag in front of it.

Interesting post. I’m the first to admit I have absolutely terrible fashion sense, and it was mentioned to me at least once during a review when I was practicing. Not that I wore capris and a tube top to the office or anything; I was more often than not attired in black dress pants and a 3/4 length sleeved button down or sweater .

ugg boots store vantage login facebook home infant ugg boots australia

title,

Trim levels go from ES through SE, Sport, Urban and M Sport plus there’s the super economical EfficientDynamics models that get over 74mpg on the combined cycle.The 1 Series is available with manual or automatic gearboxes and in in ugg boots store vantage login facebook home 3 or 5 door bodystyles too but anyone wanting a coupe or convertible will need to look to the BMW 2 Series range.An enjoyable driving experience is one of the 1 Series’ biggest selling points and the flagship M135i version offers performance to rival more high end sports cars.

Puedes acelerar un poco el proceso agregando una bolsa de gel de slice (que absorbe la humedad) en el fondo de cada bota. Una vez que las botas estn infant ugg boots australia secas, puedes usar el cepillo para gamuza para cepillar la superficie de las botas, emparejando la pelusa y quitando cualquier endurecimiento. Se aconseja rociar las botas con un espray protector, como el “Repelente de Manchas y Agua” de Ugg, ya que esto ayuda a que las botas permanezcan limpias ms adelante.

Still, they were lucky it was a girl as my suggestion of Larry Lamb Lewis for a boy didn’t go down too well. Larry Lamb is a nice guy, and has a great ring to it. Never mind. I will just save it ugg boots quality nursing care act for my first lad! Well, if I don develop a man crush and turn gay, that is.

The Wall Street bailout continues to be the most unpopular political decision in decades. The mere fact most of it has been repaid by the banks doesn’t remove the obvious conflicts of interest that led up to it and continued during it, nor does it remove the “moral hazard” in the clerance uggs 5821 discount future as the biggest banks naturally assume they’ll be bailed out again, nor most importantly does it restore the typical American’s sense of trust and fairness in the system. Geithner and Summers let Obama down on this one, as did other Wall Street types who advised him what to do.

Must have piece: The sweater. It’s comfortable enough for a plane, but easy to dress up once you land. Wear it over a collared shirt for more polished look, or add a tailored layer for transitioning into night. Even better? The neutral color makes it easy to wear multiple times. (We won’t tell anyone.)

Friends loved it. Then strangers signed on, too.somebody else reading the blog, she recalled thinking. is amazing. She was hooked. That compares with almost 14 million visits for Starbucks multiple websites and mobile apps. It hit a peak in February and March, when she targeted Subway. New investigations predictably spike traffic.

Yet despite its specifications, it was never planned to be a sports coupe. Rather, the British automaker tells us that it was thoroughly engineered to uggs boots 5819 cheap maroon womens be, “a car where the sense of arrival and joy ugg boots outlet yahoo maps and directions united states of the journey are as important as the canvas upon which it is drawn.” Whatever that means. While the all new two door bears a deliberate resemblance to its four door sibling, a closer look reveals much more than just the loss of two doors. A glance at its nose reveals a resculpted bumper with more aggressive air intakes and lower air dam. Chrome accents brighten its face, and the signature grille has been recessed deeper within the fascia. Lastly, the automaker’s famed Spirit of Ecstasy hood ornament has been tilted forward by five degrees giving the figurine a more aggressive and dynamic stance.

wholesale ugg 5803 store uggs boots outlet sand colour

Estate Planning,

My only problem is the garlic. If you have garlic phobia this may not be your restaurant, especially if you do end up ordering the slouvaki pita. But in the end, I would recommend this restaurant to anybody I know.. Sometimes he would have an ox goad in his hand, and you would have said he had just unyoked his weary oxen. Now he bore a pruning hook, and personated a vine dresser; and again, with a ladder on his shoulder, he seemed as if he was going to gather apples. Sometimes he trudged along as a discharged soldier, and again he bore a fishing rod, as if going to fish.

No wholesale ugg 5803 store month. No name. No epitaph. Reporter: Her first tip, snap at least two pictures of the item you’re trying to sell online, front and uggs boots outlet sand colour back, so there are no surprises for the Byer. Tip two, keep it clean and size matters. Be as specific as possible as the ugg boots reviews les miserables fit and fabric.

But he became the Panama strongman right hand man. And, he promises, with him comes his bizarre view of the world. JAMES KINDALL, NEWSDAY. In some cases a buyer might actually agree to pay more than 3% to a broker; in other cases, the broker agrees to rebate $ back to the buyer. It can be in the form of closing cost credit or a cash rebate after closing. As long as the contract between broker and client is not illegal in some other way or for some other reason, all pertinent terms are negotiable!.

I raise cattle and have been well versed in injections. I have recieved more and better info from you than I have in 3 visits to the vet I have paid ugg boots journey store locations apple over 300 dollars total thus far. I intend to use you and this site in the future. A study by San Francisco State University revealed that money spent on life experiences makes people happier than consuming materials goods, and life experiences take time. Companies have jumped on the happiness bandwagon by helping to provide these experiences. Groupon and LivingSocial help identify and access affordable activities, Airbnb helps Millennials make that dream vacation happen, and SeatGeek helps most expensive ugg boots in the world you score tickets to see your favorite band/team/show.

Dinner, 1958 style, consists of a beef patty and a glass of tomato juice. Usually I eat ugg online international shipping yogurt for breakfast, salad for lunch and chicken for dinner, with lots of fruit in between. I do eat a lot, but my food choices, like tons of fruit, would get the thumbs up from the first lady.

David’s going to be the next Attorney General. Papa Pope is just as much of a lying murderer as ever. Fitz is just as Fitzy as usual, but really, no one cares about that. Since I mentioned at the beginning of our washing instructions that skates and helmets can’t be machine washed, here are a few tips for keeping them odor free. Your skates can be stuffed with newspaper after use, which will absorb a lot of moisture and cut back on odor development. When an odor does occur, use an odor eliminating shoe spray or get a set of sneaker balls to pop into the skates.