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Dave Guinan's Blog

Welcome to my blog. This the place to check on new events which affect the small business community. This is also the place to check out new additions to my website.



Supreme Court materially changes campaign finance laws to ease restrictions on corporations.

On January 21, 2010, the United States Supreme Court struck down campaign finance laws which restricted the ability of corporations to pay for independent campaign advertising. Formerly corporations were restricted to giving money to candidates and to contributing to PACs. Now, under the decision in Citizens United v. FEC those restrictions have been eased. For an excellent in depth discussion by Senator Russ Feingold, D. Wisconsin, in USA Today, click on the following link.

Click for more info


December 2009 Foreclosure Statistics

In December 2009 Washoe County ended the worst year in history for foreclosures.

The number of NOD's and Notices of Trustee Sales peaked in August and then dropped somewhat through November. They increased again in December.

In the chart below, the top line is Notices of Default, the middle line is Notices of Trustee Sales, and the bottom line is the actual Trustee Sales.

This chart is posted with the kind permission of Ben Nelson at Ticor Title of Nevada, Inc.


Joint tenancy - a way to avoid probate?

Joint tenancy - a way to avoid probate?

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Incorporation links by State

Incorporation information links to every state

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Observations at a Trustee's Sale

Yesterday I watched as numerous properties were supposed to have been put up for foreclosure sale on the courthouse steps in downtown Reno.

The trustee's sale occurs toward the end of the foreclosure process. The foreclosing lender is required to publish and record a Notice of Trustee's Sale which tells the borrower, as well as the public, when and where the foreclosed property is going to be offered for sale. Often the sale takes place on the courthouse steps.

Yesterday the series of sales started at 11:00 a.m. There were probably two dozen people who were there to observe and possibly bid. There must have been two to three dozen properties which had been noticed for sale. Of all those properties, only four were actually offered for sale. In each of those four cases the lender had set a minimum opening bid, and in each of those four cases the property went back to the lender for the minimum bid. No one in the audience made a single bid.

Of the remaining properties that had been noticed for sale, some of the sales were canceled, and most of the sales were continued to a later date.

I attended the sale because I was following the progress of a foreclosure which had originally been noticed for a sale in October. On the sale date in October it was continued until yesterday, and yesterday it was continued until January. There have be no negotiations between the borrower and the lender since September which a proposed short sale fell through.

So the question arises, why doesn't the bank just complete the trustee's sale and be over with it? I have identified two possible reasons: 1. The bank doesn't want any more foreclosed properties on its books this year, and it's waiting until next year to take it back, or 2. AB140 which became effective on October 1, 2009, places a duty on the purchaser of a foreclosed property to maintain the exterior, including "limiting the growth of excessive foliage," i.e. cutting down the weeds and mowing the lawn. Perhaps the bank doesn't want to assume the duties imposed by AB 140. To read a copy of AB 140, click here.

The high number of continued sales is another indication (or symptom) of the "shadow inventory" which I've discussed previously. There are a huge number of properties in foreclosure which haven't hit the market. Whether it's an attempt to stabilize prices or a reluctance to put more REOs on the books is anybody's guess.


Links to useful resources

Links to useful resources

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Dave Guinan speaks at Nevada Masonic Grand Lodge

One of my passions in life is Freemasonry. I have been a Nevada Mason more than 30 years, and I have embraced this Fraternity which espouses the Fatherhood of God and the Brotherhood of Man. It is a perfect adjunct to my life as a lawyer, where I also am passionate about helping people with their legal problems.

I recently attended and spoke at the annual session of the Grand Lodge of Free and Accepted Masons of Nevada.

Life is good!



October Statistics for Washoe Co. Foreclosures

The October foreclosure numbers have come down off their highs - but they're still way up there.

The number of NODs dropped to 767 in which is about what they were in July. There were 469 Notices of Trustee Sale and 320 actual trustee sales in October.

As noted in a previous blog entry, a new factor will be the requirement for foreclosure mediation, which I describe at more length here. I understand that some medications have actually occurred, but I haven't heard any results.

This chart is posted with the kind permission of Ben Nelson at Ticor Title of Nevada, Inc.


What happens after foreclosure?

How long can you stay in possession after foreclosure?

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Here's why I love Nevada

I'm a Nevada native, and I've lived in Reno most of my life. I love it here.

Last week I had the opportunity to go deer hunting with my son in northern Humboldt County, Nevada, near Denio and the Oregon border. It stormed much of the week, and we were often in the mountain clouds. On our last morning the storms cleared for awhile, and we were treated to some spectacular Nevada scenery.

The deserts of Nevada often yield great beauty.


Washoe County Foreclosure Statistics Sep 09

This month Ticor Title added Notices of Sale and Trustee Deed filings to their Notice of Default statistics. The addition of this information really rounds out the foreclosure picture and shows the relationship of these three foreclosure statistics. It's another look at the shadow inventory which I have previously discussed in this blog.

In September 2009 there were 930 Notices of Default, 659 Notices of Sale, and 260 trustee sales in Washoe County.

This chart is posted with the kind permission of Ben Nelson at Ticor Title of Nevada, Inc.


Nevada requires mediation for foreclosure of owner occupied property

New law in Nevada requires mediation for foreclosure of owner occupied property

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Limited liability companies are becoming the business entity of choice.

Limited liability companies are becoming the business entity of choice. Here are FAQs about LLCs.

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Deficiency judgment - a risk if the property is worth less than what's owed

Deficiency judgment -- what can happen after foreclosure if you're upside down

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The Unreal Estate Monthly

The following is an excerpt from a monthly newsletter published by appraiser Mark Rasmussen and is reprinted here with his permission.

Median prices have declined 21.2% since 09/08.

The peak was 49 – 50 months ago. The historical peak to trough real estate value is 46 months. Then again, the recent past has exceeded anything in history by several orders of magnitude. We are there!

Foreclosures for Washoe County:

2006: 69

2007: 779

2008: 2,194

2009: 3,454 (annualized)

  • Foreclosures (300) for Washoe County were up 3% from 09/2008.
  • Notices of default (930) were up 58.4% from 09/2008. NOD’S have exceeded MLS sales for 25 consecutive months. Many of the large number of defaults will be added to Real Estate inventory with a 4 – 5 month lag time (Foreclosure process).
  • 31.6% of notices of default from 05/08 (4 months) ended in foreclosure last month. We are having an extremely successful modification period…..not or, there is a huge amount of shadow inventory building.
  • Unsold inventory in the Reno/Sparks MLS is 3.08 months (lowest in over 4 years) plus fewer new homes completed and under construction. This is a substantial improvement from the first of the year.
  • REO’S and short sales represent 45.3% of listings, 68.2% of sales (09/2009) and 82.62% of pending sales. No one can sell for less than a lender.
  • Option Arms (loans where the borrower doesn’t even pay the accrued interest, which is added to the principal balance) adjustments peak in 08/11. These are not to be confused with Sub-prime or Alt-A (liar loans/stated income). These are the loans where payments can double and triple in a month. Expect much higher default rates than sub-prime. Goldman Sachs expects 61% default rates – ever the optimists, Barclays Capital expects 81% (me too), which is consistent with early resets this year. Most of these have growing principal balances with declining values. Refinancing is not an option.
  • Nevada is now at a record high rate of unemployment (13.2%), is increasing and leads the nation in default rates (11.6%).

The low interest rates, first time home buyer tax credit, more reasonable short sales and seasonality have all contributed to dramatically increased sales and pending sales activity. The number of sales and pending sales were the highest in several years. The inventory of unsold homes is near the low over the past several years. Median prices increased for the first time since 06/09. Alt-A and Option Arm (exploding arm) resets are increasing. This looks like the eye of the storm to me. The expected default rate on option arms is multiples of sub-prime. Remember, we were told that this was all contained and unemployment would peak at 8.2% by the “experts” that aren’t as accurate as a broken clock, that is correct twice a day. Understated unemployment is now 9.7% and rising. U.6 (the broadest measure of unemployment) published by the BLS is 16.8%.


Important new laws regarding eviction and foreclosure procedure in Nevada become effective on October 1, 2009

AB140, which was passed by the 2009 Nevada Legislature and signed by the Governor, becomes law on October 1, 2009. AB140 is a product of the state of the economy and the huge number of foreclosures in recent years.

Here are some important changes contained in AB140 which you should know:

  • If a residential property is in foreclosure, the lender must serve a separate notice on any tenants in possession. The language of the notice is in the bill which you can read by clicking here.
  • A purchaser of vacant residential property at a foreclosure sale is now required to maintain the exterior of the property. There may be penalties of up to $1,000 per day for failure to maintain the property.
  • Existing law allowed a purchaser at foreclosure sale to evict on 3 days’ notice anyone who held over in possession of the property after the trustee's sale. Under AB140, a purchaser of residential property at a foreclosure sale is required to give a tenant (other than the person whose name was on the deed or mortgage) at least a 60 day notice of an intent to evict. However, if the tenant doesn’t pay the rent, the owner can evict on shorter notice for non-payment of rent.
  • A landlord must disclose to a prospective tenant if the property to be leased or rented is the subject of foreclosure proceedings. Further, it is a deceptive trade practice if the landlord fails to make such a disclosure.
  • Click for more info


    More Thoughts on the Shadow Inventory

    The following is an excerpt from a recent white paper published by appraiser Mark Rasmussen and is reprinted here with his permission. The following statistics are national - not just Nevada.

    There is a “shadow market” of 2.7 million homes that are technically in foreclosure but are yet to be reclaimed by the lender, says a Wall Street Journal study today. While it’s no secret banks are kicking the can down the road on finalizing foreclosures (and consequently accepting the mortgage loan as a loss) this is the first guess at the total number of such homes that we’ve heard:

    “As of July, mortgage companies hadn't begun the foreclosure process on 1.2 million loans that were at least 90 days past due,” says the study. “An additional 1.5 million seriously delinquent loans were somewhere in the foreclosure process, though the lender hadn't yet acquired the property. The figures don't include home-equity loans and other second mortgages.

    “Moreover, there were 217,000 loans in July where the borrower hadn't made a payment in at least a year but the lender hadn't begun the foreclosure process. In other words, 17% of home mortgages that are at least 12 months overdue aren't in foreclosure, up from 8% a year earlier.”

    The crash in U.S. home prices will probably resume because about 7 million properties that are likely to be seized by lenders have yet to hit the market, Amherst Securities Group LP analysts said. “The favorable seasonals will disappear over the coming months, and the reality of a 7 million-unit housing overhang is likely to set in,” they said. The amount of pending foreclosed-home supply has been boosted by more borrowers going into default, fewer being able to catch up once they do, and longer time periods to seize properties because of issues such as loan-modification efforts and changes to state laws, the New York-based analysts wrote.

    The “huge shadow inventory,” reflecting mortgages already being foreclosed upon or now delinquent and likely to be, compares with 1.27 million in 2005, the analysts led by Laurie Goodman wrote today in a report. The Census Bureau said that there were 18.8 million vacant homes (4.8 million seasonal/ vacation) in the second quarter of 2009. How many of these are owned by the unemployed, underemployed/marginally attached/discouraged workers 16.8%?


    Dave Guinan coaching contact page

    Dave Guinan coaching contact page

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    August Statistics for Washoe Co. Foreclosures

    In August 2009 Washoe County hit another new all time high for foreclosures - 1067!

    Curiously, the number of NODs dropped to 711 in July, which may have been due to a temporary moratorium on new foreclosures.

    As noted in a previous blog entry, a new factor will be the requirement for foreclosure mediation, which I describe at more length here. As yet, the Nevada Supreme Court is still training mediators, and no mediation has actually occurred.

    In August 2009 Washoe County hit another an all time high for foreclosures - 1067!

    This chart is posted with the kind permission of Ben Nelson at Ticor Title of Nevada, Inc.


    The Unreal Estate Monthly

    The following is an excerpt from a monthly newsletter published by appraiser Mark Rasmussen and is reprinted here with his permission.

    Median prices have declined 28.4% since 08/08.

    The peak was 48 – 49 months ago. The historical peak to trough real estate value is 46 months. Then again, the recent past has exceeded anything in history by several orders of magnitude. We are there!

    Foreclosures for WashoeCounty:
    200669
    2007779
    20082,194
    20093,437 annualized

    • Foreclosures (327) for Washoe County were up 8.6% from 08/2008.
    • Notices of default (1,068- a new record) were up 91.1% from 08/2008. NOD’S have exceeded MLS sales for 24 consecutive months. Many of the large number of defaults will be added to Real Estate inventory with a 4 – 5 month lag time (Foreclosure process).
    • 35.1% of notices of default from 04/08 (4 months) ended in foreclosure last month. We are having an extremely successful modification period-not or, there is a huge amount of shadow inventory building.
    • Unsold inventory in the Reno/Sparks MLS is 3.41 months (lowest in years) plus fewer new homes completed and under construction. This is a substantial improvement from the first of the year.
    • REO’S and short sales represent 44.4% of listings, 64% of sales (08/2009) and 85.2% of pending sales. No one can sell for less than a lender.
    • Option Arms (loans where the borrower doesn’t even pay the accrued interest, which is added to the principal balance) adjustments peak in 08/11. These are not to be confused with Subprime or Alt-A (liar loans/stated income). These are the loans where payments can double and triple in a month. Expect much higher default rates than sub-prime. Goldman Sachs expects 61% default rates – ever the optimists, Barclays Capital expects 81% (me too), which is consistent with early resets this year. Most of these have growing principal balances with declining values. Refinancing is not an option.
    • Nevada is now at a record high unemployment rate (12.7%), is increasing and leads the nation in default rates (11.6%).

    The low interest rates, first time home buyer tax credit, more reasonable short sales and seasonality have all contributed to dramatically increased sales and pending sales activity. The number of sales and pending sales were the highest in several years. The inventory of unsold homes is near the low over the past several years. Median prices remained flat MTM. NOD’s recorded a breathtaking increase, to a record 1,068 – 21 working days. Alt-A and Option Arm (exploding arm) resets are beginning to increase. This looks like the eye of the storm to me. The expected default rate on option arms is multiples of subprime. LOL. Remember, we were told that this was all contained and unemployment would peak at 8.2% by the "experts" that aren’t as accurate as a broken clock, that is correct twice a day. Understated unemployment is now 9.7% and rising. U.6 (the broadest measure of unemployment) published by the BLS (Bureau of Labor Statistics) is 16.8%.


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