Halcyon Days - Walt Whitman

Not from successful love alone,
Nor wealth, nor honor'd middle age, nor victories of politics or war;
But as life wanes, and all the turbulent passions calm,
As gorgeous, vapory, silent hues cover the evening sky,
As softness, fulness, rest, suffuse the frame, like freshier, balmier air,
As the days take on a mellower light, and the apple at last hangs
really finish'd and indolent-ripe on the tree,
Then for the teeming quietest, happiest days of all!
The brooding and blissful halcyon days!

Monday, January 9, 2012

Oil, gas lease filing more than quadruples in 2011

Recorders' Offices have been under siege since this "boom" started.  The oil and gas companies are moving from the research/acquisition phase to the drilling phase, but it is a bumpy road.

This is an area of law that I am excited about getting involved with. I have found work in clearing title issues related to oil and gas leases, quiet title actions, lease review, title research, and am looking to assist landowners and oil companies in achieving their goals in this exciting wave entering Ohio.

Oil, gas lease filing more than quadruples in 2011



My advice to all involved - don't rush into any deals without consulting a real estate and/or oil and gas attorney familiar with the issues that can complicate these deals if they are not addressed at the outset.  Feel free to contact me if I can be of any service.

Friday, January 6, 2012

Vacant houses swamping city

Vacant houses swamping city

This is the type of problem facing many cities in the Midwest and beyond. Columbus has actually fared better than most in the real estate collapse. However, this problem, although maybe not to this extreme, is moving into the suburbs and other developments where foreclosures are prevalent. Vandalized homes can't be sold by the banks and are eventually left to continue to fall into disrepair until no one wants them and no one will pay to demolish them. Sad state of affairs.

Tuesday, December 27, 2011

Home prices down for 6th straight month

Home prices down for 6th straight month

New Year's Resolution is to revive this blog with a business/current event bent, but I will try to mix business with pleasure when possible. Unfortunately these types of articles cannot be ignored due to my legal practice area. Expect more articles with this same headline over the next couple of YEARS!! Anyone who predicts a quick recovery of the housing market is kidding themselves.

Forecast for homeowners struggling to pay their mortgages or sell their homes is MORE PAIN in 2012.

Sunday, September 11, 2011

9/11 Parent Essay - My Son Cole's Assignment


September 11, 2011

Hilliard Memorial

RE: 9/11 Assignment
Cole Linville - 8th Grade Hilliard Memorial M.S.

To Whom it May Concern:

I am told this essay is supposed to be about how America has changed since 9/11. The short answer is that it certainly has changed. The changes are sometimes hard to see and sometimes, obvious.

The best way to describe the changes, in my opinion, is that prior to 9/11, the United States mainland had not been physically attacked by an outside enemy since the 1800's. WWI, WWII, Korea, Vietnam, Lebanon, Kuwait, Iraq...these are all areas where US citizens have been killed, but they all occurred far away. The 9/11 attacks happened in our homeland, in New York, Washington DC and Pennsylvania. This is why 9/11 changed America so profoundly.

One example of this change is the way we travel. TSA agents “patting down” passengers, taking off your shoes in a airport, not being allowed to wait at a gate unless you are a passenger, and bringing only 4 ounces of liquid on plane are all habits that didn't exist prior to 9/11.

Our laws have changed dramatically, as well, affecting civil liberties that are guaranteed to us by the Constitution. Police agencies have much broader authority to stop and question and search civilians. Many political prisoners no longer have a right to a speedy trial, right to have charges read to them, rights to an attorney. Some prisoners have been tortured during government sanctioned interrogations. These are mostly unintended consequences, but many come directly from choices our government has made in the aftermath of 9/11.

Lastly, war is seemingly a constant since 9/11. Prior to 9/11 there was rarely a war in my lifetime, now there are long wars on multiple fronts.. The War on Terror has taken a turn, in my opinion, from a mission to stop terrorist organizations, to a political no-win gambit to enforce American ideas and practices on foreign cultures. However, recent events akin to the tearing down of the Berlin Wall in Egypt, Libya, Syria and other middle eastern countries show that their world is changing and the people of those countries are ready for a change. Perhaps they are motivated in some ways by changing world attitudes since 9/11.

One thing that hasn't changed is the American spirit. While we were shocked by the events of 9/11, we have eventually rebuilt. A newsman stated that America is a nation of builders, not destroyers. I believe that. Another stated, Americans do not live in fear, Americans live in freedom. That's a good message on which to end.

Sincerely,

J. Bradford Linville

Monday, August 22, 2011

Number of troubled mortgages on rise again

According to this article from CNN Money, its bad news for housing again.  The number of delinquent mortgages tipped up slightly which was a reversal of an almost two year trend of percentage of delinquent mortgages improving slightly.  While we are talking about 0.12 percentage points, this is bad news.  

I believe that the mortgage percentage are an excellent indicator on how the economy is affecting the middle class.  It is the middle class that has a bulk of the mortgages and it is also the middle class that bears the brunt of this bad economy.   It is not at all uncommon in my experience to be working with people that are trying to pay their mortgages each month and any setback means a missed payment.   The amount of taxes these people pay is a secondary concern for those just trying to pay their monthly bills.   I think most of these folks, assume that they are paying the same taxes as the rich and would be shocked to see the disparity in tax rates.  This can especially be true for middle class business owners that are beset by business related taxes and expenses on top of their personal obligations.   

If our politicians cannot come together and make the middle class the object of US economic policy, then I think it is akin to Nero playing the fiddle while Rome burned.  I am primarily speaking to Republicans, who, while trying to be heard and make policy, continue to lead the way in stonewalling, filibustering and flat out stopping any attempts to compromise over any issues.  Most of this is done by kowtowing to the far right tea-partiers instead of forcing them to come towards the middle.  

Meanwhile on the Republican campaign trail, its all about teaching creationism in public schools, crazy eyes, gay marriage and "birthers"....really vital issues to most of the middle class.....  we're all doomed!!!!!




Monday, August 15, 2011

Why I Love Warren Buffett and why Republicans will probably say he's wrong!

This is a reprint of an article by Warren Buffett that appeared in the New York Times recently.  I think it is a pretty good comeback post for my blog considering what I have been ruminating about privately.  I only wish anyone in Congress would listen to Warren Buffett rather than some T-Bagging right wing idiot!  But they probably won't, so for the rest of us, please read this extraordinary opinion piece of common sense:

OUR leaders have asked for “shared sacrifice.” But when they did the asking, they spared me. I checked with my mega-rich friends to learn what pain they were expecting. They, too, were left untouched. While the poor and middle class fight for us in Afghanistan, and while most Americans struggle to make ends meet, we mega-rich continue to get our extraordinary tax breaks. Some of us are investment managers who earn billions from our daily labors but are allowed to classify our income as “carried interest,” thereby getting a bargain 15 percent tax rate. Others own stock index futures for 10 minutes and have 60 percent of their gain taxed at 15 percent, as if they’d been long-term investors.  These and other blessings are showered upon us by legislators in Washington who feel compelled to protect us, much as if we were spotted owls or some other endangered species. It’s nice to have friends in high places.

Last year my federal tax bill — the income tax I paid, as well as payroll taxes paid by me and on my behalf — was $6,938,744. That sounds like a lot of money. But what I paid was only 17.4 percent of my taxable income — and that’s actually a lower percentage than was paid by any of the other 20 people in our office. Their tax burdens ranged from 33 percent to 41 percent and averaged 36 percent.  If you make money with money, as some of my super-rich friends do, your percentage may be a bit lower than mine. But if you earn money from a job, your percentage will surely exceed mine — most likely by a lot.

To understand why, you need to examine the sources of government revenue. Last year about 80 percent of these revenues came from personal income taxes and payroll taxes. The mega-rich pay income taxes at a rate of 15 percent on most of their earnings but pay practically nothing in payroll taxes. It’s a different story for the middle class: typically, they fall into the 15 percent and 25 percent income tax brackets, and then are hit with heavy payroll taxes to boot. Back in the 1980s and 1990s, tax rates for the rich were far higher, and my percentage rate was in the middle of the pack. According to a theory I sometimes hear, I should have thrown a fit and refused to invest because of the elevated tax rates on capital gains and dividends.  I didn’t refuse, nor did others. I have worked with investors for 60 years and I have yet to see anyone — not even when capital gains rates were 39.9 percent in 1976-77 — shy away from a sensible investment because of the tax rate on the potential gain. People invest to make money, and potential taxes have never scared them off.

And to those who argue that higher rates hurt job creation, I would note that a net of nearly 40 million jobs were added between 1980 and 2000. You know what’s happened since then: lower tax rates and far lower job creation.  Since 1992, the I.R.S. has compiled data from the returns of the 400 Americans reporting the largest income. In 1992, the top 400 had aggregate taxable income of $16.9 billion and paid federal taxes of 29.2 percent on that sum. In 2008, the aggregate income of the highest 400 had soared to $90.9 billion — a staggering $227.4 million on average — but the rate paid had fallen to 21.5 percent.  The taxes I refer to here include only federal income tax, but you can be sure that any payroll tax for the 400 was inconsequential compared to income. In fact, 88 of the 400 in 2008 reported no wages at all, though every one of them reported capital gains. Some of my brethren may shun work but they all like to invest. (I can relate to that.)
I know well many of the mega-rich and, by and large, they are very decent people. They love America and appreciate the opportunity this country has given them. Many have joined the Giving Pledge, promising to give most of their wealth to philanthropy. Most wouldn’t mind being told to pay more in taxes as well, particularly when so many of their fellow citizens are truly suffering.

Twelve members of Congress will soon take on the crucial job of rearranging our country’s finances. They’ve been instructed to devise a plan that reduces the 10-year deficit by at least $1.5 trillion. It’s vital, however, that they achieve far more than that. Americans are rapidly losing faith in the ability of Congress to deal with our country’s fiscal problems. Only action that is immediate, real and very substantial will prevent that doubt from morphing into hopelessness. That feeling can create its own reality.

Job one for the 12 is to pare down some future promises that even a rich America can’t fulfill. Big money must be saved here. The 12 should then turn to the issue of revenues. I would leave rates for 99.7 percent of taxpayers unchanged and continue the current 2-percentage-point reduction in the employee contribution to the payroll tax. This cut helps the poor and the middle class, who need every break they can get.
But for those making more than $1 million — there were 236,883 such households in 2009 — I would raise rates immediately on taxable income in excess of $1 million, including, of course, dividends and capital gains. And for those who make $10 million or more — there were 8,274 in 2009 — I would suggest an additional increase in rate.

My friends and I have been coddled long enough by a billionaire-friendly Congress. It’s time for our government to get serious about shared sacrifice.

Friday, July 8, 2011

Mortgage Foreclosures are going to get a Second Look. Wha-What ?!?

In the latest in the ongoing saga of the Feds vs. Banks on the subject of the foreclosure mess, it was announced that the 14 Largest Banks are going to be required to send letters out to any customers that had a foreclosure in progress in 2009 and 2010 that they can request a review of their file by an independent auditor to see if there were any mistakes in the foreclosure and if they are entitle to any financial compensation from those errors!
WOW!.  This is not good new for the banks.  On the one hand in may allow them to move forward on foreclosing on loans currently in default.  On the other hand, the can of worms this could open up for the banks is monumental.  We are talking potentially millions of loans that are subject to these letters.  The numbers could be mitigated that a lot of those customers were defaulted out of court proceedings then, and will still not have any interest in reopening that chapter of their lives, BUT what if they do?

The article says that the Banks will hire independent auditors to review files after the letters go out.  This could jump start the economy with how many independent auditors they could have to hire in order to make this a meaningful process!!  The reviews are to be completed in 120 days.   OK, so that means the umpteen million foreclosures that went on over the last 2 years will be reviewed for violations in that time frame?  How is that even going to be possible?  I don't know.
 As much as I am mired in the world of the foreclosure by representing debtors, working with servicers, bankruptcies, etc., I think the only way to get out of this mess is to move forward.   Do whatever it takes to get the wheels of the foreclosure machine moving again so that the Banks can get the bad loans off their books, the Courts can get through their dockets, the homes can get integrated back into the market and we can all cut our losses and begin rebuilding!  It is not going to be pretty, there will be lots of pain, but the longer that things stay tied up, the longer it is going to continue to screw up the housing market.




It is probably good news for lawyers in my profession if we can use this to help our clients or get new clients that may have been wronged by the banks before and are now getting another bite at the apple.  However, I  have to balance my business interests out with the long term effects of this on the larger economy.  Something the Big Banks never even considered when they were raking it in and raking their customers over the coals!!

Yeesh!