Do the Right Thing.

Free and cheap land in Colorado!

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Sat, 07 Nov 2009 20:29:06 -0600

I list and sell a lot of vacant Colorado land including Otero, Custer, Pueblo, Fremont and Hufanno counties. And I get a decent amount of e-mail requests for "cheap" land. People lookng for good deals seen to think that we're giving away land here - it ain't so! Let me tell you why:

Let's start off with the sellers. Most sellers purchased their land with cash, which means they own the land free and clear. On occasion you hear of somebody financing property but that is rare. And if the seller is financing the property they most likely, but no always, put down 20% or more. And sellers aren't bleeding money. In many, many cases large acreages (40 acres or more) do not have huge tax bills. It's not unusual in these areas to see taxes for around $25 per year. One listing I have the taxes are under $10 and no H.O.A. fees.

Wells, water, streams, creeks, ponds and other sources of water are RARE! (Same for trees) You are in the Rocky Mountains and we are in almost constant drought conditions. Also, just because there is water on the property doesn't mean you own it. Actually, odds are better that YOU DON'T OWN THE WATER! And water rights can be sold. So that pond over there isn't yours, your kids, cattle, horse or other critters - you may not use it. People get shot, go to jail or at the very least get fined for using water that isn't their property. Don't believe me? Google the local sheriff and ask!

Also, you have to have a minimum of 35 acres in order to dig a well. A well can cost you $7000 to start and the prices go up from there depending on the soil. And there is no guarantee that the driller will get water. If you have under 35 acres you better check to see where your water might be coming from. Buyers are responsible for registering wells.

Say you find an odd 5 or 10 acre parcel for sale. You can't dig for water, you can't use the stream, is there water at the street? Most likely you will be hauling or paying somebody to haul it. There's nothing wrong with that, you just need to know. And if there happens to be a well on it don't assume it will aways be available - you gotta register it.

So are sellers beggin me to sell their properties for super-duper cheap? No, no lately.

Buyers, If you find a property that you like, it has some source of water, maybe it has views - buy it! If I call you and say "it's a steal" I might be referring to the seller's motivation in selling the property. Their motivation may have nothing to do with the land itself but their personal situation where they are now.

I've sold two pieces of property in the last year that were "fire sales" that is to say, the sellers asked me to sell the land as fast as possible. They needed the money in their hands immediately. I ended up apologizing to both for the low amount that they were offered and yet both were grateful to have the cash in hand.

These sellers and their situation are rare, but they do come up. When they come up be polite, the sellers need the money but still need to hold on to their self respect.

People are looking for good deals seem to think we're giving away land in Colorado - it ain't so! But do your homework and listen to your Realtor and you just might find a deal!

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Grand opening of Gaia's Garden Green House and Plant Sale

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Mon, 02 Nov 2009 18:54:38 -0600

GRAND OPENING OF GAIA'S GARDENS GREENHOUSE FEATURING AN INDOOR PLANT SALE THIS SATURDAY & SUNDAY 11AM - 3PM BOTH DAYS
Join us as we celebrate the GRAND OPENING of Gaia's Gardens Greenhouse featuring an Indoor-Plant Sale, this Saturday and Sunday, November 7 & 8, 2009, 11:00am - 3:00pm both days, at the Gaia Institute Wellness Center, 622 E. 8th Street (corner of E. 8th Street and Fountain Avenue)! Proceeds will help us offset Winter utilities and introduce our new program featuring greenhouse activities, called YOUNG MOTHERS TODAY. This program will be operated mostly by young Moms who had their babies during their teen years. It will help bring them together to gain strength from each other and learn new skills. Remember, we can help you:

keep your indoor gardening activities going all year long! Our Happy Worm Herders Worm Castings are nature's superior single-ingredient plant food and soil amendment, to keep your plants their healthiest all year long! Castings can even be used 'straight' to start seeds - for indoor herb and vegetable gardens or for getting a jump on next year's planting season.
keep your indoor composting activities going all year long! Our Happy Worm Herders Composting Condo Kits can help you get set up to do indoor composting of your own organic waste WHILE you produce your own castings for next season!
feed and bed down your outdoor gardens! Top application of our Happy Worm Herders Worm Castings during the Fall will ensure that your plants, trees, shrubs, and gardens get plenty of time-released nutrients to enhance root growth and strength!

Wood-Chip mulch also available! Look for us on Facebook (link below) and on Merchant Circle! http://www.facebook.com/album.php?aid=6875&id=1736725298&l=c552de1db2 Check out our coupon and sale promotion on Merchant Circle, too. Please remember that your donations may be tax deductible. Gaia is recognized as a 501(c)(3) not-for-profit organization, per Internal Revenue Code. Please forward this announcement! Thank you for your on-going support and encouragement!

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95 Fulton Lane Pueblo CO

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Mon, 02 Nov 2009 18:23:43 -0600

Dena Stevens ~ Realtor | Colorado Western Real Estate, llc | 7195463700/7193699087

95 Fulton Lane, Pueblo, CO

Breath taking Hatchet Ranch

40.02 acres Vacant Land

offered at $68,000

Lot Size

40.02 acres

DESCRIPTION

TAKE THE FIRST STEP TO BETTER LIVING - - Call us now or have your agent call. This has commanding views with great cul-de-sac seclusion.

Call Donna Phillips 719 251-5700 cell or 719 546 -3700 office

www.coloradowesternland.com

Agents ask about incentives

see additional photos below

ADDITIONAL PHOTOS

Photo 1	Photo 2
Photo 3

Contact info:

Dena Stevens ~ Realtor

Colorado Western Real Estate, llc

7195463700/7193699087

For sale by agent/broker

Equal Opportunity Housing

Posted: Nov 2, 2009, 3:01pm PST

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Bells, Blogs, Pumpkins and other Colorado Western Events

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Thu, 29 Oct 2009 13:17:20 -0500

Some people hear little voices, maybe their conscience speaking to them.

Some people might hear the angel or devil whispering from either of their shoulders. Me, I hear Bells!

In November 2006 I posted this to my blog : http://activerain.com/blogsview/18008/pumpkin-fairy-in-boone-colorado-

A story James Amos from the Pueblo Cheftian wrote about the Pumpkin Fairy in Boone Colorado. And this post has taken on a life of it's own!

I hope you take the time to read the post, James got some imagination going, everybody wondering who the pumpkin fairy was or is. I don't know if this person or people were ever found or their identities made public. But if you read the comments attached to this post you will see that Tom Davis and Kim McCorkle-Harbath not only found my (James Amos) post interesting, but they may have found themselves lost friends. Kim has e-mailed me hoping I could connect her with Tom, but I have no more information than can be found here.

Fast forward to a recent listing appointment. My sellers did their homework and wanted to know more about me. My activerain blog popped up and the sellers now have some insight into who I am. But they are now following the "saga" of Kim and Tom!

What will happen?

Will Tom and Kim "find each other?"

Will I get my sellers house sold before our contract ends?

Dum, da, dum, dum...........tune in and see what happens. The Bells are tolling!

http://www.postlets.com/res/2940778

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Green Drinks Canon City Colorado November 2009

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Wed, 28 Oct 2009 16:42:42 -0500

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823 Teton Place Canon City Colorado

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Mon, 26 Oct 2009 22:08:38 -0500

Dena Stevens ~ Realtor | Colorado Western Real Estate, llc | 7195463700/7193699087

823 Teton Place, Canon City, CO

Glenfield meadows

3BR/2BA Single Family House

offered at $180,500

Year Built	2004
Sq Footage	1,647
Bedrooms	3
Bathrooms	2 full, 0 partial
Floors	1
Parking	2 Car garage
Lot Size	.15 acres
HOA/Maint	$0 per month

DESCRIPTION

This house has the WOW factor:
Open floor plan,
Large inviting entry way,
Updated kitchen with breakfast bar,
Laminated wood floors,
Office/bedroom with built in desk,
Walk in closets,
Xeroscaped yard,
Lennox hear and central air,
Deep 2 car garage,
Extra large shelved storage room,
Custom window blinds,
All the appliances stay
Walk to Harrison Elementry

PAR #126413
RGAR #40471

www.coloradowesternland.com

ALL Showings must be scheduled via listing agent Dena Stevens 719 369-9087

see additional photos below

PROPERTY FEATURES

- Central A/C	- Central heat	- High/Vaulted ceiling
- Walk-in closet	- Hardwood floor	- Living room
- Office/Den	- Dining room	- Breakfast nook
- Dishwasher	- Refrigerator	- Stove/Oven
- Microwave	- Washer	- Dryer
- Laundry area - inside	- Yard

ADDITIONAL PHOTOS

Photo 1	Photo 2
Photo 3	Photo 1
Photo 2

Contact info:

Dena Stevens ~ Realtor

Colorado Western Real Estate, llc

7195463700/7193699087

For sale by agent/broker

Equal Opportunity Housing

Posted: Oct 27, 2009, 5:21am PDT

http://www.postlets.com/res/2940778

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Green Drinks Pueblo Style Oct 27,2009

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Thu, 22 Oct 2009 17:59:19 -0500

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Buddy Rays Canon City Colorado: The Testimonial of a Flat Tire

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Mon, 05 Oct 2009 19:17:43 -0500

I don't write many testimonials, and maybe I should write more. But I have to tell you about the experience I had today.

As I was driving to an appointment I found out the hard way I had a flat tire. And not just flat but, a dead tire. I started calling local shops via Google on my phone.

I called 3 local shops none of whom would come help me until I got to the 4th shop Buddy Rays in Canon City.

Now you can see I wasn't stuck in the middle of nowhere, I was in the "Tri-City" area. But there aren't many addresses to reference to. I gave the dispatcher my location the best I could. I knew I was near the crossroads of Cty Rd 84 and Cty Rd 85. And the actual road is sometimes called Shenandoah and some times called Central. And it's not far from Scutti Hill.

So the long and short of it is I REALLY, REALLY recommend Buddy Rays in Canon City for your car service. And if you ever get a flat ask for Curt! He's a Tri-City local!

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129 Carson Ave Las Animas CO

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Mon, 28 Sep 2009 20:09:16 -0500

Dena Stevens ~ Realtor | Colorado Western Real Estate, llc | 7195463700/7193699087

129 Carson Ave, Las Animas, CO

5BR/2BA Single Family House

offered at $156,600

Year Built	1950
Sq Footage	2,880
Bedrooms	5
Bathrooms	2 full, 0 partial
Floors	1
Parking	4 Car garage
Lot Size	.321 acres
HOA/Maint	$0 per month

DESCRIPTION

A home with all the country living desired, yet if offers town convenience. This ranch home has one level offering 5 bedrooms and a possible 6th. Likely one of the best properties in Las Animas. Pride in ownership, with over a 10 year residency, shows clearly in this home's condition. This property, on it's 4-lots, is big enough for RV, tractors, trailers or any other storage needs. With 2 patio's, one that is heated with the house and the other is a outdoor garden style with natural climate, new owners can enjoy the outdoors year 'round.

Directions: In LaJunta, take Hwy 50E to 2nd (Second) Street, turn left 0.1 mile to Carson Ave., turn right 0.1 mile to 129 Carson.

Buyers to verify all measurements

www.coloradowesternland.com
PAR MLS: 124951

see additional photos below

ADDITIONAL PHOTOS

Photo 1	Photo 2
Photo 3

Contact info:

Dena Stevens ~ Realtor

Colorado Western Real Estate, llc

7195463700/7193699087

For sale by agent/broker

Equal Opportunity Housing

Posted: Sep 28, 2009, 4:55pm PDT

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Pueblo Colorado: Green Drinks Pueblo~Style Sept 19th 2009

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Tue, 22 Sep 2009 10:45:45 -0500

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Press Release : Pueblo Colorado

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Mon, 21 Sep 2009 17:03:55 -0500

For Immediate release:

Dena Stevens

719 369-9087 direct

719 546-3700 fax
dena@coloradowesternland.com

Dena Stevens, Realtor at Colorado Western Real Estate, llc in Pueblo Colorado has recently earned her Brokerage Administration license from Kaplan Professional Schools. This course is 24 credit hours, counts as continuing education and changes her license status. Dena Stevens has been with Colorado Western Real Estate since February of 2007 and can be reached at 719 369-9087 or email dena@coloradowesternland.com

For more information:

Dena Stevens

719 369-9087 direct

719 546-3700 office

dena@coloradowesternland.com

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Back to the Basics: You only get one chance to make a first impression

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Fri, 18 Sep 2009 11:29:47 -0500

Back to the Basics

"You only get one chance to make a first impression" many people have been given credit for this quote.

Sellers and agents alike would do well to remember this quote. If you are selling a property it would be best to stand back and give an objective look at the property. If you can't be objective ask a friend or relative - they are usually honest with you aren't they?

There are many websites on the internet talking about staging, they

are well worth the read. Stand across the street from your property and really look at it like you are seeing it for the first time.

Are there tree limbs that need to be trimmed?
Spider webs around the door way?
Trash collecting under the bushes?
Broken light fixtures?
Dead cars?
Over flowing trash cans?

If it's $500 or 5 minutes it's probably worth your time, trouble and money to fix these things ahead of time. What a buyer will see and what you see aren't necessarily the same thing. And when it comes down to an offer wouldn't you want those little things taken care of first thing and in your benefit?

"You only get one chance to make a first impression"

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Pueblo West Pueblo Colorado Market Report Jan - Sept 2009

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Wed, 16 Sep 2009 11:55:46 -0500

Vacant land listings sold Jan - Sept 2009 (52 solds)

There are currently (9-16-09) 672 vacant land listings available.

List Price: Low 6000 High 70,000 Average 22,623 Median 18,000

Selling Price: Low 5,500 High 65,000 Average 18,905 Median 15,500

List/ Sold %: Low 29.05 High 100 Average 84.51 Median 87, 45

Price/Acre$: Low 3.282.28 High 87,209 Average 20,409.32 Median 15,620.50

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Sikes Ranch Pueblo CO market report Jan - Sept 2009

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Wed, 16 Sep 2009 11:40:18 -0500

Vacant land information for Sikes Ranch Jan - Sept 2009 Solds (2)

List Price: low 65,000 High 125,000 Average 95,500 Median 95,500

Selling Price: Low 55.000 High 111,000 Average 83,000 Median 83,000

List/Sold % : 84.62 High 88.10 Average 86.36 Median 86.36

Price / Acre $: Low 1,348.56 High 1375. Average 1361,78 Median 1362.

As of Sept 16, 2009 there are 13 properties on Sikes Ranch available.

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Hatchet Ranch Pueblo CO market report Jan - Sept 2009

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Wed, 16 Sep 2009 11:27:32 -0500

As of September 16th 2009 for Vacant Land:

List Price: Low 39,900 High 48,000 Average 43,950 Median 43,950

Selling Price: Low 39,900 High 40,000 Average 39,500 Median 39,500

List/Sold %: Low 83.33% High 100% Average 91.6 % Median 91.6%

Price/ Acre $: Low 849.28 High 880.79 A.03 Average 865 Median $865.

As of today there are 43 properties available on Hatchet Ranch.

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Green Drinks Canon City CO Sept '09

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Tue, 08 Sep 2009 10:14:42 -0500

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The turning economic tide in Pueblo CO

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Sun, 06 Sep 2009 23:05:17 -0500

To paraphase Brian Brady, Americas #1 mortgage broker , watching the economy turn is like watching a battle ship turn. It's hard to see and moves slowly. But I've been noticing that slow moving battle ship in a slow tide moving in Pueblo.

I've had more buyers this summer than I've had in the last 5 years.
The local convenience store next to Lake Pueblo reports steady traffic in front of their store. Better than last summer.
Home Builders are building again, maybe not as much as they were once, but they are building.
Friends are getting jobs, changing jobs and watching their incomes improve.
Houses that are priced right are getting multiple offers and getting them quickly. I watched a house get 4 offers in the hour it took me to drive to it and show it.
Sellers are taking their properties off the market and building on them.
The local parade of homes is going to be as big or bigger than years past. And homes are already being planned now for next years parade.
The TV news reports that the Colorado State Fair is seeing great attendance, better than expected.
The open houses I've been doing are not only getting attention they are drawing crowds. 618 Quincy had 35 people one day between 11-3 PM.

All good news, slow signs of improvement are still good signs.

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To every employing broker who has ever tried to recruit me

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Sun, 06 Sep 2009 21:50:54 -0500

To every employing broker who has ever tried to recruit me: STOP!

While I appreciate the fact you are trying to build your business, fill office space and do it all with good intentions, I don't appreciate how you are going about recruiting me.

1) Stop telling me what you are going to do for me. Yes, the office fees, commission splits and the toys, goodies and extras you offer are nice. But lets start where every business should, start with the client. If you want my attention tell me what you are going to do to help me help my clients. Without our buyers and sellers you and I are going to spend A LOT of time staring at each other.

2) If you as the employing broker can't give me a good reason why you took your job, why should I jump ship? You are getting a piece of the action, I know your BIG motivation for doing your job.

3) When you say you will answer all my questions after reading your recruiting information ANSWER your phone! Return a phone call, be available.

4) Are you planning to stay with the company? The last SEVERAL employing brokers who tried to recruit me left the company they were promoting. One of them left in under a month - they knew they were leaving when we sat down to talk.

5) Stop calling me for free "training sessions, marketing sessions or B.S. sessions" I'm not stupid. If I so stupid to fall for all this would you really want me to work with you?

6) Don't have agents hanging around the receptionists desk analyzing everyone who walks in because they have nothing better to do - they make a bad impression.

These are real examples of things that have happened, and if you reconize yourself in the words above I hope you'll read the words below.

What might work? Get me to jump ship and change offices.

1) Be honest and sincere, it's not much to ask

2) Tell me how important clients are to you and the company. How are they going to be treated? And yes, I mean everything down to the office coffee.

3) Ask me what I want! I have an opinion and don't want to be "sold" on your company.

4) Don't assume I do or don't want to do something. I actually like floor duty and the occassional open house. I like doing what others don't like to do, I view them as opportunities. Do you have anybody else volunteering for this stuff?

5) Google me, know who I am before you call me. If we can't have a conversation where you know my name, who I've worked for in the past, where I like to sell etc... it's a pointless conversation. (thanks Bob)

Every agent in Colorado is a Broker, after 2 years you can take classes for your Administraion/ Employing Broker license. I'm gong for mine this week after 5+ years. Part of the class is preparing a business plan. Guess what I'm going to include?

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Solar MR Pueblo Colorado Press Release

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Wed, 26 Aug 2009 20:17:46 -0500

PRESS RELEASE:

Friday, August 28 at 11:00 a.m.

Pueblo, CO, August 26, 2009 - El Pueblo...an Adolescent Treatment Community, commits
to "go green" by constructing a solar energy field, through a 1 million dollar gift
from SolarMR, Pueblo Colorado.

El Pueblo is the first Therapeutic Residential Childcare Facility (TRCCF) to make
this commitment in the state of Colorado. The solar energy field will provide El
Pueblo the opportunity to cut energy costs by at least 20 percent, as well as
educating the youth on renewable energy and conservation. The energy cost savings
will allow the facility to redirect the funds back into the programs for youth at El
Pueblo.

SolarMR has generously agreed to install and provide a photovoltaic system for 17
meters on the El Pueblo campus, which qualify under the current Black Hills Energy
rebate program.

Mick Wilheim, a managing member of SolarMR will assist the nonprofit in the
construction of a solar energy field and building conversions that will supply the
63-acre campus.

El Pueblo will hold a press conference Friday, August 28, 2009, at 11:00 a.m., in
the breezeway of the President's Dining Hall located on the north campus at 1591
Taos Road, Pueblo, CO, 81006.

For further information, please contact Patty Erjavec at 719.404.1131.

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When a house isn't a house at all

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Mon, 24 Aug 2009 16:59:39 -0500

A past client called me and wanted to put in an offer on a house across the street from him. The past client had seen the house a year or so ago but not recently. He instructed me to write up an offer. When I went to go get signatures I stopped to see the property myself. This is when the problems started.

When a house isn't a house at all:

1) The house is a purged manufactured house on a permanent foundation. But no HUD tags are visible, accessible or on record and the current owner purchased the house with out knowledge of the tags. Remember this for the future - once a mfg home always a mfg home tags or no tags, purged or not purged.

3) The property inspection proved almost nothing in the other wise nice looking house worked. The furnace, garbage disposal, master bath toilet, various out lets, water pump etc... do not work.

4) In this particular area there is no water, all the houses have cisterns and water must be hauled into the property.

5) The asking price was $135,00 the buyers offer was substantially less and was accepted. However, without HUD tags and a working furnace the house will not appraise. Other properties in the area are valued at even less than the buyers offer.

6) The seller failed to make known that she is in fact an inactive Colorado broker.

To summarize: this overpriced mfg house with no HUD tags, water or working fixtures owned by an inactive agent is back on the market!

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Every house has a story to tell

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Wed, 19 Aug 2009 14:58:53 -0500

Every house has a story to tell.

Many agents will tell a seller right up front what they think of a property pro and con. But there things we either don't think about or just don't want to tell a seller either.

Once upon a time, before I was an agent, I owned a house in Denver. It was in a up and coming area, one with faults and flaws just like any other neighborhood. But people were starting to take notice of the Harkness Heights area before it became trendy. I had a cold call one day, before it was illegal to cold call, and the agent asked if I wanted to sell my house for substaintially more than I paid for it 3 years prior. Well, quicker than I could hang up the phone a sign went up out front.

After months and months, and dozens upon dozens of people coming threw the house I still didn't have an offer. The agent tried her hardest, fliers, open houses, tours the works - but nothing. When the listing contract expired I moved on to another agent who right up front told me some thing that floored me.

"Does the house always smell like this?" said the agent

"Clean? Like the products I use EVERY time I know there is a showing?" I exclaimed

"It smells like you just cleaned and like you are hiding something - does the bathroom have mold?"

Sure enough when I stopped using strong detergents and cleaning products in the house I got an offer.

Recently I met with a local builder in his beautiful home that is currently on the market with another agent. He furnished the photos of the house for all the fliers and MLS. The photos are goreous! But all the pictures were clearly staged and at night as to show off the house. The evening sun setting in the background all the interior lights on. The pictures make the house look like a Hollywood set. But the problem (the way I see it) is that the pictures are to good. No other photos on the MLS are done like this. It makes the house stand out but makes it look odd at the same time. If this house were in an area where all the houses had "Hollywood" staging I think it would be just fine. But as it is - a really good thing can look odd.

Moral of the story: go with the neighborhood normal standards. Be better than the rest but standing out to far from the crowd can make a listing look odd.

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What happens when a lender can’t produce the original note?

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Tue, 18 Aug 2009 08:24:38 -0500

This is such a powerful post I felt it needed to be reposted. And with care, myself and others need to carefully weigh these words. Realtors are not lawyers, let me say it again - Realtors are not lawyers. Peoples lives are changing and we need to make sure that everyone involved is paying attention and not just "winging it."

Via Rick Misitano (Law Offices of James M. Bosco & Associates):

A growing number of homeowners around the country are using a foreclosure defense that may help them retain their homes. It’s called “Produce the Note” and we want you to know this is not a mere technicality that should be treated lightly by the lender or by the Court.

Everyone needs to understand the importance of this issue. When a lender can’t produce the original note, allowing a foreclosure to proceed puts the homeowner at risk of owing that debt again to another party in the future. Therefore, great caution must be taken before a judge can allow someone who can’t produce the original note to cash in on your home.

What if Your Lender CAN’T Produce the Note?

So, what happens when the lender tells the Court it can’t produce the original note, because it is lost? Let’s start with the basics. If a lender wants to foreclose on a property, it has to be able to show that it is, in fact, the appropriate person to whom the money is owed. That right to foreclose belongs ONLY to the person who has legitimate POSSESSION OF THE ORIGINAL NOTE - not a copy, not an electronic entry, but the original note itself with the original signature of the person(s) who allegedly owes the money along with appropriate raised notary seal and signature. So, if you are faced with a foreclosure, you have every right to demand that the person or entity trying to take your property, first prove to the Court that they have the legal right do to so in the first place by proving they have legal possession of the original promissory note.

In my opinion, an original mortgage note is much like legal tender and should be guarded and protected as such by the person holding such an asset. Loosing an original mortgage note is like loosing a $100 bill or a gift card or a lottery ticket. What if I scratched that million dollar ticket and just stuck it somewhere and misplaced it? Do you think I could just show up at lottery headquarters and claim my prize without having the winning ticket? The same principle applies to the person or entity claiming to be the legal holder of an original mortgage note. He who holds the note holds the key.

What the Lender Must Do

What often happens, however, is that the lender claims it doesn’t have the original note, because that note has been lost or destroyed. If the lender is making such a claim, the law requires the lender to prove all of the following under the “Uniform Commercial Code”, which is a set of laws governing commercial transactions that many states have adopted. It contains a specific provision on this subject (Section 3-309) which states that a person can enforce a promissory note without having the original, BUT only under certain limited circumstances.

1. The person or entity has to swear and attest that it no longer has the original note;
2. The person or entity has to prove that it was properly in possession of the note and was entitled to enforce it WHEN it lost possession of the note;
3. The person or entity has to prove it didn’t “lose” possession simply because it transferred the note to someone else (i.e., it’s not really lost); and
4. The person or entity has to prove that it cannot produce the original note because the instrument was destroyed or its whereabouts cannot be determined or it was stolen by someone who had no right to it.

All of these matters have to be definitively proven by the person or entity trying to foreclose on the property. It is not the obligation of the borrower to prove or disprove any of this. The borrower can challenge the right of the person or entity trying to foreclose and demand proof.

The Court’s Important Role

It is up to the Court to determine whether the lender has satisfactorily proven why it no longer can produce the original note. The Court also has to be satisfied that when the original note was lost, the person trying to foreclose on the property had possession of the note at the time it was lost. Until the Court has been satisfied of all of this, the foreclosure cannot proceed.

It is also important for the Court itself to understand that this issue is not merely a “technicality” and the judge should not be satisfied with anything less than full proof of this issue. The Court itself needs to appreciate the fact that if it should agree that an original note has been legitimately lost (and allows the foreclosure to proceed) it is the borrower who is still at risk.

Why? Because incredibly, even if a Court has found that the original note is lost and the foreclosure sale is finalized, if someone later turns up with the original note and proves that it is the proper holder of the note, and not the person who foreclosed on the property, the original borrower is STILL LIABLE.

That’s right. Someone took your home and the Court allowed it because it believed that the lender proved that the note was lost and it was the proper party. Then someone legitimate shows up in the future with the actual note and you still owe that person the money even though your property was taken with the blessing of the Court. Trust me, this is a very serious issue regarding post foreclosures and post pre-foreclosure short-sales. It has happened to three of our own clients! These homeowners had the need to sell their property by means of a negotiated short-sale (so they could avoid a foreclosure) only to find out that the entity claiming to have the legal right and authority to enter into such negotiations and accept such settlements sold their note to another entity and weren’t even aware of it. Several months later, the newly assigned lenders (now claiming to be the rightful owners of our client’s original notes) have since come forward and have also filed suite seeking to recover their entire outstanding principle balances owed to them (prior to the homeowners closing their short-sale transactions with the wrong note holders).

How fair is that?!?! It’s not! And that’s why homeowners need to start fighting back when someone is trying to take their home by foreclosure, especially since an overwhelming percentage of mortgages granted over the last 3 to 5 years have been packaged into securities and re-sold and re-assigned numerous times since the inception of the borrower's original note and mortgage. In some states, homeowners have better than a 50/50 chance of being successful in defending themselves against a completed foreclosure. Why wouldn’t anyone who owns a home do everything in their power to protect and defend it?

All the Best,

Rick D. Misitano, Senior Paralegal
Law Offices of James M. Bosco & Associates
Methuen Executive Park
240 Pleasant Street
Methuen, Massachusetts 01844
Phone: (978) 687-8804
Fax: (978) 687-8872
boscolaw@comcast.net

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Realtors have interesting jobs

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Mon, 17 Aug 2009 22:26:48 -0500

Most of this week I've caught myself complaining about being busy. And I know better than to complain, because we all know it solves nothing. But as busy as I've been I'm extremely grateful to be working in profession that I do. I get to do some great things. And in the last few days I have done some interesting if not great things. (Thurs - Monday)

I attended 2 separate funerals for prominent citizens of my community, because I knew them and their spouses.
I drove to Breckenridge Colorado to see family, and it gave me some quiet time to sort out all those little details that get stuck in my head.
I had an "out of the blue" call from a buyer from a few years back. Now, I'm selling him a house for his kids.
I got to meet with Andre Messner, a local builder, for the 3rd or 4thntime in a month.
I went to the Grand Opening of Yes Solar in Pueblo West - 609 Enterprise Drive #120 if you're interested.
I stopped in on a new buyer who was just moving into her new house.
I dropped off a contract at a local real estate office and met their new receptionist - what a nice lady
I participated in an adviser council for a networking group and starting planning an EXPO
I went to the Canon City Chamber of Commerce after hours meeting for Habitat for Humanity.
Potluck Saturday night, I brought the wine....
Met at least 12 new people and got their business cards - then sent them all post cards telling them it was nice to meet them
Came up with a new business place and made an appointment to see a real estate lawyer
Stopped to see a friend (Joanne Hanson) who is an agent in Frisco CO
Signed an agent up for Active rain and talked her into working with HBM

This isn't a huge list but when you factor in approx 500 miles on my car in 4 days it's a lot. And now you know how I get all that trivial NPR information in my head.... And you should see this weeks "to do list."

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Odd facts about Dena Stevens

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Thu, 13 Aug 2009 13:42:31 -0500

Here are just a few things you don't know about me:

1) I'm afraid of birds. I had birds as pets as a kid and every last one of them died within a few days of getting them home. I have a better record with dogs.

2) I've been on a variety of TV shows, but until you catch a late rerun of an old show on some obscure TV channel you will never see me.

3) Until very recently I've never owned a car with an automatic transmission. Six months later I'm still trying to get it right! Please ignore the marks on the back bumper.

4) I know A LOT of people. I keep notebooks of business cards. Don't be afraid to give me your card, I use these for reference and give them to other people who may need your service or talent.

5) I helped write a novela - it was rejected by publishers 15 times!

6) I've been in 2 earthquakes that were 7.2 and 7.5 on the Richter scale

7) I'll do just about anything if you ask me nicely. I've always over extending myself.

8) As a kid I went to Catalina Island, I'd like to go back and see if my memories hold up.

9) I've made my own hat from Alpaca fiber: see donors picture above, Carpe Diem is tolerating me at best.

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Green Drinks Pueblo Style Aug 25, 2009

Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate) — Mon, 10 Aug 2009 12:06:37 -0500

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