Ok, here we go. Holidays are fast approaching and here comes the family drama that goes with them. Ever wonder what happens to some families during the holidays? Why do people get cranky, irritable, stupid and rude? Not your family? HA! HA!
What if they go home thinking, "Thank God, we got through that alive."? We may try to be cheerful during family gatherings, but sometimes those happy faces can't make it through the evening. Children are especially sensitive to irritable energy.
So why? One reason could be that there are a few jackasses in your family, just like in everyone elses. But one other very likely cause of family discord is the disturbance of an energy known in Flying Star Feng Shui as 5 Emperor. Consider it this way. Imagine that all year there's the energy of a cranky old man living in your house. You don't see him but he's there all the same. He sits quietly as long as he's not disturbed. But, when furniture gets moved around and people start coming in, making noise and brushing up against "his" area, he gets pissed. When that happens that irritation spills over to the visitors and you have a bunch of people snapping at each other for no real reason other than they're feeling the prevailing energy of the room at that time. Kind of like walking into a room after a fight. You feel it, you're uncomfortable, but you're not quite sure what's been going on.
So, what do we do? If discord is a holiday tradition in your family you can consult a Feng Shui Practitioner to advise you on how to avoid upsetting your "Emperor", or you can just be very, very gentle with all the areas in your home...especially when it comes to moving furniture, slamming doors, and generally causing a disturbance. And, play holiday piano music. The sound of metal is calming even to cranky Emperor energy.
First, let me make clear that this post is about an IMAGINARY house. No homes have been hurt in the building of this story...and no clients past or current have been represented.
What does Feng Shui have to do with ethics? In my Feng Shui business I come across houses with Feng Shui charts that would send me into a panic if my family had to live there. It has nothing to do with the size or cost of the home, the unfortunate charts are non-discriminatory.
So lets say there's a house and the Feng Shui chart is so bad the owners cannot live there anymore. There's been bankruptsy, sickness, divorce and death...nasty, nasty Feng Shui. We'll even run over the imaginary dog and have the imaginary cat coughing up hairballs the size of pumpkins on a daily basis...in the master bedroom...on the bed. Add a spook or two and SHAZAM...bonified disaster chart.
By now they're figuring out there's a crisis and drastic measures are called for, so they call the nearest Feng Shui Master...so now what? Well, it's not always hopeless. Sometimes people can be taught to use the house differently, ghosts can be shooed along, demons banished...and the house becomes much, much better.
But, lets imagine this family decides they want out. Well, they're not stupid after all. By now they know that they live in a house that is working against them. And, if they're not able to make it much, much better, they want out.
So as their Feng Shui expert, I've given them information that has helped convince them to leave the house. Should I also list this house? And, if I do list it, do I tell people I did a Feng Shui consult on it and the results?
Ok, here's what I think.
1. Yes, I can and should list it if they ask. After all, I can help them sell it faster by using Feng Shui.
2. Since a Feng Shui Consult is a private consultation, I do not have the right to give out the information the owners have paid for.
3. Since I do not want to (and should not) sell a house without disclosing something I consider a problem, I should advise any prospective buyer (who is interested in the fact that I am a Feng Shui Professional) that a Feng Shui consultation would be a good investment before they buy ANY house, since each family has their own needs. But, that consultant can't be me.
4. I must never, ever give so much as the impression of giving a "bad" feng shui report in order to list a house. I have to work as hard as possible to "fix" the house for them to live in happily, if that is what they want.
When all is said and done, the house that is horrible for one family may be good for another. Much of Feng Shui is about matching the people to the house, and using the house in the best way. After all, a boss of 100 will be able to make good use of energy that could destroy some families. So, it's not up to me to advise a buyer whether to buy a house...unless that buyer is my Feng Shui client.
Whether chains are rattling, the floor is shaking or there is simply the knowledge that an evil deed was committed on the premises, you could possibly be dealing with a haunted house, or a "stigmatized property" sale.
Since liability issues on these types of transactions vary from state to state - what is the guiding principal for selling a haunted house?
In 1991, a case in New York provided some legal precedent on the matter.
Stambovsky v. Ackley
The owner of a house, Helen Ackley had reported the existence of numerous poltergeists in her home and had, in fact, publicized these occurrences in Reader's Digest and a local newspaper on three occasions. As a result, the home was placed in a five-home walking tour in the city and received an enormous amount of publicity. She even referred to the home in a article as a "Riverfront Victorian with ghosts."
Some of the interactions Ms. Ackley described to reporters included ghosts waking her each morning by shaking her bed. When spring break arrived she loudly proclaimed to the spirits that she did not have to wake up early anymore. On this, she insisted that they listened to her requests and the bed immediately ceased all shaking.
Despite the local notoriety, an unknowing buyer, Jeffrey Stambovsky signed a contract to purchase the home. On an agreed upon price of $650,000 he made a $32,500 down payment. Since Mr. Stambovsky was not from the area he claimed to have ignorance of the widely known haunting tales.
When the buyer subsequently learned of the haunting stories, he filed for a request of the rescission of his contract for the sale and also sued for damages citing fraudulent misrepresentation on the part of Ackley as well as the Realtor®.
In ruling on this case, the court stated that since the existence of ghosts in the home had been widely reported, as a matter of law, the house was haunted.
However, the court dismissed the fraudulent misrepresentation action and stated that the Realtor® had been under no obligation to disclose the haunting to any potential buyers. The court affirmed that the law of caveat emptor (let the buyer beware) applied in this case so the buyer did not prevail.
Mr. Stambovsky subsequently appealed the case and won a reversal.
On appeal, the court stated that a "haunting" was not a condition that a buyer could fairly be able to ascertain through even the most thorough of home inspections. In this case, "the most meticulous inspection would not reveal the presence of poltergeists at the premises or unearth the property's ghoulish reputation in the community."
It further stated that the seller had taken unfair advantage of the buyer's ignorance. Since she had taken it upon herself to inform the community at large of numerous spirits roaming rampantly throughout the home, she owed no less to her perspective buyer.
The judge then rendered a somewhat entertaining opinion using the following phrases:
"In his pursuit of a legal remedy for fraudulent misrepresentation against the seller, plaintiff hasn't a ghost of a chance,"I am moved by the spirit of equity," "In this instance - who you gonna call?" and "The notion that a haunting is a condition which can and should be ascertained upon inspection of the premises is a hobgoblin which should be exorcised from the body of legal precedent and quietly laid to rest."
I have no knowledge of whether or not the parties in question had any appreciation of the judge's sense of humor.
However, Mr. Stambovsky was finally let out of the deal and had his deposit fully refunded.
My lovely daughter did some spelunking yesterday with her college geology class and after she returned home with her stories of "unending pits of death dropping into a black void" I realized I don't ever want to go into a cave. And, I don't want her in one again, either! But, alas...children grow up and mom doesn't always get what mom wants. I know she'll probably be doing lots of things that would make me nervous. But, it got me thinking about caves...
I've been asked, "Can you Feng Shui a CAVE?" And the answer is, "YES".
Feng Shui Masters say that the best place is one open on one side and closed on three. Doesn't that exactly fit the cave perspective?
There is a catch though! What comes in that one open side must be current, vibrant, and beneficial energy for the inhabitants. Anything else and your cave is a disaster.
How do you know if your cave has good Feng Shui? Well, you can either live there and find out rather quickly, or you can call a Feng Shui Master before buying your dream cave.
I consider a Feng Shui Consult as important as a Home Inspection. Buying a house is too big an investment to ignore all the components of a good home.
104 Brentwood Dr Winchester KY 40391 - Home For Sale
Awesome home for sale in Winchester KY!
All brick, two story in Royal Oak Estates.
Two story grand foyer entrance w/ an open floorplan, 4 bedrooms, 2.5 baths, 2616 living sg. ft., separate utility room, Living Room & Family Room w/ fireplaces, formal dining, granite counter tops & stainless kitchen w/Jen-Aire appliances, beautiful hardwood, tile & new carpet upstairs, lots of crown molding, 2 car side entrance garage, security system, totally landscaped w/privacy fencing in backyard.
Convenient to EVERYTHING!
Relaxing farm view behind the home.
Priced way below appraisal for a fantastic deal for you! Hurry and check out this magestic beauty!
Wow! Only $298,000!
Lizette Fitzpatrick- Principal Broker at Lizette Realty.
Publisher/Author for the only Central Kentucky email newsletter on local real estate listings and sold properties, Kentucky relocation, local events, homeowner information and fun!
For more information on Kentucky Horse Farms or Winchester KY real estate
Feng Shui This - Mercedes Benz - KY Map - Real Estate Lexington KY
When I set out to become a Real Estate Mogul I decided that the 99 Neon with the cracked windshield and 229,000 miles would have to be replaced. Believe it or not, I loved that little car...and I still think of it fondly. But, times change, so I went shopping. I shopped and shopped and drove my friends crazy, borrowing my husband's truck when I had to show a house and driving the Neon when I didn't have to look like I knew what I was doing.
Finally, on the internet, I found what I was looking for...a gold 2003 Mercedes Benz hatchback at a very affordable price, in Tennessee of all places. It's the perfect car for me. Gold for the Feng Shui of my house, great gas mileage, fold down back seats, good for carrying signs...and turbo charged so when I get "in a tight spot" I can kick it and it will zip me into or out of traffic as fast as I need it to. I love this little car. But, today the hatchback was the coolest thing.
Today that hatchback came in handy.
You can put a lot of stuff in a little car.
Sometimes you might even surprise yourself.
If your cargo is a little large, you might need a bungee cord to hold the hatchback down.
That's easy enough...just hook it to the license plate and the bottom latch.
Now, pop the hatchback and take a look what I put in the back today.
Just what I always wanted for my office! It's an honest to goodness 6'5" x 3'1" map of Kentucky. It looks like it was hanging at one time in a KY Visitor's Center. Next stop though...my home office. First it will need a little cleaning and I'll have to find a few studs to hang it on. But, it's going to be a very useful tool.
I can trace the larger creeks and rivers, locate instantly the boundries of any of the 120 counties in Kentucky. This map gives boundaries of the KY State Parks, National Parks and many KY Historical sites. And, there will be no question where the river flows! This map puts Lexington KY in perspective. Now I know where I am in relation to everywhere else in the state. When there are that many counties, it's easy to get confused about towns, rivers, and other boundaries. This will make things so much easier!
Get confused sometimes? Get a big honkin' map and find the YOU ARE HERE arrow. I'll be putting one on my map as soon as I can get it cleaned and on the wall.
Sometimes an old fashioned map is the best way for me to get my bearings. There's nothing like seeing the whole state of KY stretched out like this. And, I love the fact that it fit in my little Mercedes Benz Hatchback. How cool is that? Way cool.
Feng Shui This - Mercedes Benz Hatchback - KY Map - Real Estate Lexington KY
As some of you already know, I blogged recently about being interviewed recently by our local NBC news affiliate. To read the blog, click here. Basically, IndyMac Bank (now OneWest Bank), is holding one of my clients hostage, demanding a $75k promissory note, or they will proceed to foreclosure. For the life of me, I couldn't figure out why they were doing this. The BPO came in at the contract price of $275k, with a net to IndyMac of $241k. What advantage could there possibly be for them to proceed to foreclosure?
Yesterday, I figured it out. You see, IndyMac was taken over by the FDIC and sold to OneWest Bank in March/2009. Guess who the investors are behind OneWest? George Soros, Michael Dell, Steve Mnuchin (former Goldman Sachs executive), and John Paulson (hedge-fund billionaire).
Now, listen to the deal they got from the FDIC....
Basically, they purchased all current residential mortgages at 70% of par value (70% of the outstanding loan amounts). They purchased all current HELOCS at 58% of Par Value!!!
Next, in order to "sweeten the pot", the FDIC stepped in and guaranteed the following: For any residential mortgages where OneWest experiences a loss, the FDIC will step in and cover anywhere from 80%-95% of the loss. The loss is calculated using the ORIGINAL LOAN BALANCE, not the amount that OneWest paid for the loan. Let's use my clients situation as an example:
Loan Amount is $478,000, plus 6 months of missed payments, for a grand total of $485,200
OneWest pays $334,600 for the loan
We have an all cash offer of $241,000, net to OneWest.
So, let's do the math, shall we? The net loss, according to the FDIC formula is the ORIGINAL LOAN AMOUNT minus the amount of the offer. In this case, $485,200-$241,000, or $244,200. Next, the FDIC, according to their Loss Share Agreement, writes a check to OneWest for 80% of the so-called "net loss". So, in this case, OneWest gets a check from Uncle Sam for $195,360 (.80 X $244,200).
Add the $195,360 to the sales price of $241,000, and you get a grand total of $436,360. Remember, OneWest paid $334,600 for the loan. So, OneWest puts $101,760 in their pocket, thanks to the FDIC. Folks, that is over $100k of our hard-earned tax dollars!
So, you ask...Why does this program hurt short sales? Because, our brilliant government offers this SAME PROGRAM FOR FORECLOSURES! The only difference is, the government picks up 80% of the tab on all of the extra costs associated with a foreclosure (BPO's, upkeep, utilities/maintenance, legal fees, etc.)
So, If I'm OneWest, why would I want to waste my time negotiating through a Short Sale, when I can make the same amount of money (if not more) by just letting it go to foreclosure? And we wonder why nobody can get a Loan Modification? Why would OneWest approve a loan modification for this guy, when they can foreclose and make over $100k? And, to add injury to insult, they have held this loan for 6 months! Not a bad ROI, huh?
What infuriates me the most is that in my particular case mentioned above, they have the guts to hold my client hostage for a $75k promissory note, after they are already making more than $100k on the sale!!! This is his primary residence, 1st Position loan, and OneWest has NO RECOURSE! Imagine if they could make $100k, then get a deficiency judgement! Talk about making some big bucks!
Can you say "GREED"?
The scary thing is that over 50 banks have Shared Loss Agreements in place with the FDIC. Some of them include: Bank of America (go figure), CitiMortgage, Wells Fargo, etc.
This entire agreement between the FDIC and OneWest can be found here, on the FDIC website. It's all there, for the world to see! They have it all layed out. All of the formulas, worksheets, etc.
Now, it's up to us to bring it to the attention of our elected officials and the media. Enough is Enough!
UPDATE 9/18/09: I JUST READ AN AWESOME ARTICLE ON THIS, THAT GOES INTO WAY MORE DETAIL THAN MY BLOG ABOVE. TAKE THE TIME TO READ IT WHEN YOU GET A CHANCE! CLICK HERE TO READ IT.
Wait, it gets better...The FDIC just announced that it needs to start borrowing money from the U.S. Treasure in order to replenish it's deposit insurance fund (the same fund being used to pay all of these banks in the Loss Share Agreements). Go Figure! Click Here to read it.
Last week I went on a little excursion to Paris without leaving the state. Our Paris is in Bourbon county, KY. You can't get more KY than that! While driving to Paris you can almost feel your blood pressure go down as you gaze over the beautiful green fields with their stately mansions and gorgeous horses. And, yes...there are even a few cattle on the way. Horses may get all the attention, (Secretariat lived here and is buried at Claiborne Farms) but here in Kentucky we also love our cattle. Just ask them, they'll tell you.
But, back to the courthouse. It's a lovely old building, completed in 1905. It's here we go to find the tax records and old deeds that realtors always seem to be flipping though. So, looking at this massive set of steps is part of the job. Funny though...once you get to the top of these steps we find an interesting little "situation".
It appears that someone is messing up the landing. Obviously, bad manners, but still an interesting little "spot".
So, I look up...and SHAZAM...there they were. Ma and Pa Pigeon have built themselves a lovely little nest out of...wait a minute...what is that?
It appears to be some sort of barbed wire.
It seems some of "it" is laying on a nearby window ledge.
There we have it. KY pigeons are the toughest birds ever...
Try to block them and they'll use the wire spikes for nesting material. They would have made great pioneers. Or, maybe it's just this group of Paris KY pigeons? Resourceful, dedicated, talented...and very good at making the best of a bad situation. Apparently they like the feng shui here!
I love a good power struggle. So far the little birdies are winning.
Feng Shui This Courthouse in Paris KY
Copyright Monica Hess
859
Lizette Realty, Lizette Fitzpatrick, Principal Broker, 130 Killarney, 40475
Banks are going down the proverbial toilet, Stocks can't be counted on anymore...who knows what the government is going to do next? What should you do with your savings before its lost even more value?
Invest in farmland. It's safe, it's secure, and farmland is getting more scarce by the day. If you have a good piece of farmland, it's going to be producing an income with the crops it provides, whether you farm it or someone rents it from you. Managed well, it's going to produce income enough to pay its taxes, as well as give you a hefty tax deducton on anything you spend on it...including your trips out there to check fences and livestock. And in a few years if you decide to sell it, there will always be a market.
If you buy a piece of land with water, either a creek or a large pond, and with a good fence, you'll aways be able to rent it out to someone for their horses or cattle. Put a good barn on it and your land value goes way up. Now you have a place for the tractor and any animals needing shelter. And, you can depreciate the barn.
You'll also have a place to go when city life makes you nuts. Go to your own farmland, where the smell of good cow manure can bring you back to your senses.
Or you could lease your farmland to someone who loves...
BUFFALO
Why should I invest my savings in farmland? Ask your accountant. She'll tell you.
The other shoe is about to drop. More bargains are going to be showing up on the local markets. I suggest that people with money start looking into investing that cash in real estate. It may be more secure than the banks. At least it will still be there down the road, even if the banks are not.
If the economy is improving, do we really have millions more foreclosures coming? According to the U.S. Treasury, the answer is yes. In written testimony to Congress, Assistant Secretary for Financial Institutions, Michael Barr said that, regardless of the success of mortgage modification efforts, we should still expect millions more foreclosures.
Mr. Barr’s testimony is certainly not welcome news for those anticipating a significant recovery in the housing market. In fact, it is an indication that significant recovery is still years away.
And there are other factors that confirm the fragile state of both the economy and the housing market. Recent reports have indicated that there are almost 3 million active, interest-only loans with a total value of almost $1 trillion, with loans of about $500 billion set to reset within the next 30 months. Then we have a large group of Option Arm mortgages set to recast during the next 2 years. These loans have a combined value of more than $125 billion.
The rising number of bankruptcies, up 36% in the second quarter over last year, with wealthy families filing at double that rate, creates a “perfect storm” of disastrous consequences for the housing market. With the likely prospect of millions more foreclosures coming, home prices and home sales will remain depressed until the market can achieve stabilization. And achieving stabilization will be a slow and painful process.
Disclaimer: ActiveRain Corp. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a house. ActiveRain Corp. takes no responsibility for the content in these profiles, that are written by the members of this community.
Whether chains are rattling, the floor is shaking or there is simply the knowledge that an evil deed was committed on the premises, you could possibly be dealing with a haunted house, or a "stigmatized property" sale. 
Invest in farmland. It's safe, it's secure, and farmland is getting more scarce by the day. If you have a good piece of farmland, it's going to be producing an income with the crops it provides, whether you farm it or someone rents it from you. Managed well, it's going to produce income enough to pay its taxes, as well as give you a hefty tax deducton on anything you spend on it...including your trips out there to check fences and livestock. And in a few years if you decide to sell it, there will always be a market.
If the economy is improving, do we really have millions more foreclosures coming? According to the U.S. Treasury, the answer is yes. In written testimony to Congress, Assistant Secretary for Financial Institutions, 
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