Thursday, September 10, 2009

Federal Lawsuit Blames Builders for Inland Empire Collapse

This article appeared in today's edition of Big Builder Online. Who's next, the Realtors who represented the buyers? The lenders who gave them mortgages? What about the local governments who approved the neigborhoods and issued the building permits for those homes?

Gee, maybe I can file a federal lawsuit against Ford Motor Company for building and selling too many F-150 pickups that get less than 20 mpg causing their values to plummet. Or maybe I can file a federal lawsuit against all of the major oil companies for raising the price of gasoline causing the demand for any low mpg vehicles to plummet.


Source: BIG BUILDER News
Publication date: September 10, 2009


By Teresa Burney

Federal lawsuits filed recently against eight large production builders in California blame them for creating neighborhoods where high foreclosure rates have caused home values to plummet, wiping out the investments of many home buyers.

"I think [builders] had a lot of help from the financial institutions," said attorney Richard D. McCune of the McCuneWright law firm in Redlands, Calif. "But I absolutely believe that they were at the center and the beginning of this."

McCune filed the federal lawsuits in the U.S. District Court for the Central District of California on Sept. 3 on behalf of buyers who purchased homes from Beazer Homes USA, Centex Homes, D.R. Horton, Lennar, Richmond American Homes, Ryland Homes, Shea Homes, and Standard Pacific Homes at the peak of the building boom.

All eight lawsuits are seeking to become national class action cases, representing buyers who put 20% or more down on homes in the builders' neighborhoods across the country.

"This particular group of buyers, anyone would be hard-pressed to say they did anything wrong," said McCune. "For the vast majority of these people there is no ability to go out and get the money back." For instance, one plaintiff spent $560,000 on a home in 2005. Now the local tax assessor says the house is worth $235,000. "He put 60% down on the house thinking that was the conservative move."

The cases ask for compensatory and punitive damages as well as restitution and/or disgorgement of profits.

While the plaintiffs' names vary, the eight lawsuits' allegations are essentially the same. Specifically, they accuse the eight builders and their mortgage companies of violating two portions of California's Unfair Business Practices Act, as well as fraud, negligent misrepresentation, and breach of the implied covenant of good faith and fair dealing.

The general accusation is that the builders knew or should have known that by selling homes to investors who would not live in them and buyers who had credit issues and put little money down, they would create communities that could lose their value if home prices failed to climb and buyers with little investment walked from their purchases.

The lawsuits claim that the builders had the responsibility to disclose to buyers that they were selling to investors and buyers with poor credit and/or were investing little in their homes.

"What we believe is that, for the people who were qualified to buy these homes and were financed by the builder themselves through their mortgage companies, there is an obligation from the builder to let them know the facts that could materially affect the value of their homes," McCune said.

The lawsuits allege that the builders' practices in recent years of controlling every step of the home buying process, through appraisals and issuing loans through their finance companies, created an environment where there was no "neutral party" who didn't have a stake in the deal. Plus, McCune said, the fact that the mortgage companies knew the details of buyers' finances bolsters the allegations that the builder companies had to know there could be problems with foreclosures and buyers walking in the future.

"They certainly had knowledge that the house of cards had to come down," McCune said.

Beazer and Standard Pacific, two builders who returned messages requesting comment on the lawsuits, said they haven't been served with the lawsuits yet and don't comment on pending litigation.

For now, all the lawsuits' plaintiffs come from California's Inland Empire area, which has been particularly hard hit by the housing downturn.

"Our local governments are in trouble because of the shrinking tax base," said McCune. "Life savings are gone, and these national builders came and built and then left us with this big mess. I know they feel like the market has affected them badly, but it's hard for me to feel sympathetic because they played such a big part in this."



Chuck Miller GMB CGB CGP MIRM CMP MCSP CSP
President / Builder – Chuck Miller Construction Inc.
(208) 229-2553
chuck@chuckmillerconstruction.com

Saturday, August 8, 2009

Lost your income? Worried about feeding yourself and your family? Read This.

Since the beginning of time, man has sought fruitlessly for the Fountain of Youth. An array of studies done on various mammals have shown that it is possible to promote longevity. Far and away the most effective method is restricting caloric intake by as much as 30 percent. In every case, as long as optimum nutritional requirements are met, average and maximum life expectancies are increased by an equal amount.

According to a paper just published in the prestigious journal Science, restricting food intake dramatically prolongs life in a close relative of man: the monkey. Conducted over 20 years, the study has found that only 20 percent of the calorically restricted animals have died, compared with 50 percent of those allowed to eat anything they want. Not only that, the restricted animals look much younger, have fewer physical disabilities and have a much lower prevalence of diabetes, heart disease and cancer. Their immune function is much better, and every marker that measures biologic age is improved. And interestingly, caloric restriction does not lead to significant differences in weight, as these animals handle calories much more efficiently.

The fact that restricting calories prolongs life expectancy in monkeys makes it highly likely that a similar effect occurs in humans.


Chuck Miller GMB CGB CGP MIRM CMP MCSP CSP
President / Builder – Chuck Miller Construction Inc.
(208) 229-2553
chuck@chuckmillerconstruction.com

Monday, June 29, 2009

Eco-friendly Construction Leading to Healthier & Asbestos Free Homes


Are you considering purchasing a “fixer-upper” or remodeling your older existing home? Here is something to consider.

Highly regarded throughout the 20th century, asbestos gained immense popularity because of its reluctance to conduct electricity and fire resistance qualities. Asbestos can appear in roof shingles, dry wall, attic insulation, popcorn ceilings, joint compounds and electrical wires.

Most homes built before 1980 could harvest asbestos or other environmental defected insulation methods. Those involved in home improvement, construction and remodeling scenarios should know that the implementation of eco-sustainable construction, green remodeling and green energy home solutions will play an important role in the transformation to a healthier and sustainable world.

According to the experts, the general rule of thumb is if the asbestos is in good shape, it's posing no apparent risk. If it's in bad shape, it could be a problem. In many situations, the best action in dealing with asbestos is no action at all. However, if an inspector deems removal necessary, it must be performed by a licensed abatement contractor who is trained in handling asbestos materials. They must wear protective equipment such as masks and gloves to avoid any potential exposure.

When asbestos deteriorates and its fibers become airborne, it has the potential of causing severe lung ailments such as mesothelioma and asbestosis. Due to the fact most asbestos-related illness are usually diagnosed in late stages, sometimes 20 to 50 years after exposure, a mesothelioma prognosis is usually poor.

When involved in home improvement or remodeling, it is especially important to embark on the proper inspections to insure the safety of your clients, building workers and your reputation. Problems with asbestos in older buildings should be addressed in a rational manner. The removal of asbestos must be done by professional abatement contractors who are trained in handling toxic materials. Although not all asbestos is considered dangerous, it is best to leave any suspected materials un-disturbed until a professional can determine the best course of action.

Once the removal is complete, green alternatives should be considered, such as: cotton fiber, lcynene and cellulose. These green options have the same beneficial qualities as asbestos, minus the health deteriorating and toxic components.

The Department of Energy concluded that cooling and heating counts for up to 50-70 percent of all energy used in the average home in the U.S. In today’s state, this philosophy can also save natural resources. Using methods of sustainable construction allow for you and your family to live in a healthy and safe home, free of health corroding materials.


Chuck Miller GMB CGB CGP MIRM CMP MCSP CSP
President / Builder – Chuck Miller Construction Inc.
(208) 229-2553
chuck@chuckmillerconstruction.com

Wednesday, June 24, 2009

Call to Action to Stop Federal Energy Code Mandates

The House of Representatives is expected to vote Friday on climate change legislation that will create mandatory national energy code requirements for all homes and buildings. Call your Representatives today at 1-866-924-NAHB (6242) or, if you are a member of NAHB, write them at www.capitolconnect.com/builderlink and voice your opposition.

I have been building energy-efficient homes and building for 10 years. I am a member of the Department of Energy’s Building America Program, an Energy Star 100% Partner, and a Certified Green Professional. However, I join with the National Association of Home Builders in opposing H.R. 2454 and I am asking you to do the same.

The H.R. 2454, the "American Clean Energy and Security Act of 2009," contains mandatory national energy code requirements for all homes and buildings. Beginning on the date this bill becomes law, all newly-constructed homes and buildings must be 30% above the 2006 IECC; 50% above the 2006 IECC by 2014 (2015 for commercial buildings); and at least 75% above the 2006 IECC by 2029 (2030 for commercial buildings). For any State or locality that cannot certify to the DOE that it has adopted an energy code that meets the national targets, the DOE can establish a national energy code.

Other provisions in H.R. 2454 include:
• Federal violations to be levied against builders or owners of a building if they permit occupancy of a home or building that is out of compliance with the national energy targets, even if the state refuses to adopt the new code, because the national building code will be in effect regardless.
• If a state or locality is out of compliance with the codes, it will not receive emission allowances under any cap and trade plan. Also, states will lose federal funding from other parts of the bill on a sliding scale for each year of non-compliance.
• If a state or locality fails to enforce either a compliant code or the national building code, then the DOE will enforce codes federally through “inspections” and enforcement fees.
• The DOE will also assess a civil penalty for violators of this section. Each day of unlawful occupancy is considered a separate violation. If the home is constructed out of compliance with the provisions of this bill and it has been conveyed by a knowing builder or a knowing seller to an unknowing purchaser, then the builder or seller is the violator. The U.S. District Court has jurisdiction for all legal issues.

The arbitrary energy targets contained in H.R. 2454 will increase the cost of housing in America. Greater energy efficiency in housing is critical, but it cannot be achieved through unrealistic energy code requirements that do not consider paybacks to consumers or inflicts serious harm on marginal first-time homebuyers and lower-income families attempting to move into more efficient housing.

H.R. 2454 targets new construction but does nothing to address existing homes. The vast majority of America’s homes were built before 1990, long before modern energy codes were created. According to the 2007 American Community Survey conducted by the U.S. Census Bureau, the total number of housing units in the U.S. was 127,895,430. 74.1% or 94,801,618 were built before 1990. 13.9% or 17,828,183 were built between 1990 and 2000. 8.6% or 11,046,721 were built between 2000 and 2004. And 3.3% or 4,218,908 were built after 2005.

According to government data, the homes built before 2000 represent 88% of the total number of homes in the U.S. and consume 19.59% of the total energy we use or 90.6% of the energy consumed by homes. The homes built between 1990 and 2000 represent 13.9% of the total number of homes in the U.S. and consume 2.52% of total energy consumption or 11.7% of the energy consumed by homes. Homes built after 2000 represent 11.9% of the total number of homes in the U.S. and account for 2.02% of the total energy consumed or 9.3% of the energy consumed by homes. The homes built before 1990 represent 74.1% of the total number of homes in the U.S. and consume 17% of our total energy consumption or 78.9% of the energy consumed by homes.

If the code provisions aren't enough, H.R. 2454 also contains a section creating a Natural Resource Adaptation Strategy. Federal agencies with jurisdiction over natural resources, including agencies considering permits under the Clean Water Act, the Clean Air Act, the ESA, and other environmental laws, would have to consider the "impacts of climate change and ocean acidification on those natural resources." This would cause significant problems for builders seeking federal permits.

How You Can Help

Call your Representatives toll-free at 1-866-924-NAHB (6242) or write them at www.capitolconnect.com/builderlink by Friday, June 26, 2009, and tell them NOT to support H.R. 2454, the "American Clean Energy and Security Act of 2009."

Tell them H.R. 2454:
• will increase the cost of housing in America, especially for first-time homebuyers and lower-income families.
• misses the energy efficiency mark by focusing only on new homes. An integrated energy efficiency strategy must include existing homes, equipment efficiency and consumer behavior.
• will undermine almost every national green standard and rating system available today (including the National Green Building Standard™, LEED, Green Globes, and Green Communities) because they do not achieve the highest energy code levels specified in H.R. 2454.
• will undermine States' rights to determine appropriate building efficiency for homes and buildings within their jurisdiction, resulting in inefficient application of efficiency standards to address varying climate zones and specific needs.

Chuck Miller GMB CGB CGP MIRM CMP MCSP CSP
President / Builder – Chuck Miller Construction Inc.
(208) 229-2553
chuck@chuckmillerconstruction.com

Wednesday, June 17, 2009

How to Eliminate the Word FAIL From Your Vocabulary

"The successful person makes a habit of doing what the failing person doesn't like to do." - Thomas Edison

How to Eliminate the Word FAIL From Your Vocabulary By Paul Smithson

Do you ever wonder why some people succeed at almost every challenge they take on, while others never seem to be able to get out of the starting blocks?

There are four major reasons why people FAIL - and they very neatly spell out the word itself.

The F in FAIL stands for lacking Focus.

Your chances of success are magnified exponentially if you have the ability to focus. Yet, in research we undertook a couple of years ago, we found that focus was the trait most online entrepreneurs struggled with.

It's like watching a movie on TV. If you give it your undivided attention, you'll be able to follow the plot, understand the characters, and ultimately enjoy the film. If, on the other hand, you keep jumping up to talk to your pals on the phone, cook a meal, or clean the room, you're likely to miss some important things that are happening on screen. And it is highly likely that once you've lost track of what's going on, you'll reach for the remote and watch something else instead.

It's not that the film wasn't good. It might have been a real blockbuster. But if you don't focus, one of two things - or both - will happen. You'll lose the plot and/or you'll simply lose interest.

The same is true in business.

Dwaine was a waiter in a popular New York deli. He had been trying to launch his online business for three years, but was making less from that part-time business in a month than he was making in tips in a single day.

After reading Focus: The Real Reason for the Failure of Online Businesses, he put into practice some of the advice in the book and saw an amazing change in his productivity. Within two months, he had reduced the number of hours he was working on his part-time business - yet the profits had grown tenfold. And that trend continued. After 11 months, Dwaine quit his day job to concentrate all his energies on his business.

"The mistake I was making was obvious," says Dwaine. "I was spending lots of time on my new business, but I wasn't focusing. I was just playing with it. Once I learned how to focus, everything changed overnight. The transformation was amazing. My only regret is that I didn't learn how to focus sooner."

The A in FAIL stands for not taking Action.

You may have dreams of success, but unless you take action it is unlikely that anything will ever come of those dreams.

Nearly 90 years ago, Frederick Terman, a Stanford professor, had a dream. He wanted to create a thriving industrial region with the University as its epicenter.

Few bought into his crazy vision, but he didn't let that prevent him from taking action. Every year, he would take his students on field trips - to San Francisco to see the pioneering work being done by Philco Farnsworth with television or to Redwood City where Charlie Litton was working with vacuum tubes.

Professor Terman's passion rubbed off on two of his students. A few years after they graduated, he helped them set up a business in a one-car garage. He even provided them with an idea for their first product. Within a few weeks, they'd made their first sale to Disney.

That fledgling company grew at a massive rate over the next few decades, and is now a household name: Hewlett-Packard.

If it hadn't been for the action taken by Professor Terman back in the 1920s and 30s, it is safe to say that Hewlett-Packard would not exist, and that Palo Alto would not be the hotbed of technological innovation that it is today.

The professor had a dream, and he took that extra crucial step. He took action!

The I in FAIL stands for not seeking out Ideas.

Without ideas, you're at a creative standstill. This is particularly true when it comes to business.

Luckily, there are some terrific sources for ideas - and you're reading one right now. The ETR daily newsletter not only gives you a dose of positive motivation each day, it also provides you with a non-stop flow of great ideas to pursue.

But remember the A in FAIL. Because even with the best ideas, nothing happens if you don't act on them.

Finally, we come to the L in FAIL - which stands for not having Longevity.

You need to be willing to pursue your good ideas over the long term, and not just give up when you hit the first hurdle. This is true whether your goal is to start a business, get fit, or make any other meaningful changes in your life. If you don't have staying power, your dreams are likely to fall by the wayside before they come to fruition.

So whenever you feel like failure is staring you in the face, think of the word FAIL itself, and remember what each of those four letters represents: lacking Focus, not taking Action, not seeking out great Ideas, and not having Longevity.

Here's to completely eliminating FAIL from your vocabulary so you can succeed at almost anything you set your mind to.

[Ed. Note: Online marketing expert Paul Smithson is the creator of the XSitePro website-building program. This July, Paul and ETR's team of Internet marketers will be teaching an elite group of ETR readers how to build their own online businesses from scratch. You WILL leave the conference with your own fully functioning Internet business. Get the details now.]


This article appears courtesy of Early To Rise, a free newsletter dedicated to making money, improving health and secrets to success. For a complimentary subscription, visit http://www.earlytorise.com.

Chuck Miller GMB CGB CGP MIRM CMP MCSP CSP
President / Builder – Chuck Miller Construction Inc.
(208) 229-2553
chuck@chuckmillerconstruction.com

Monday, June 15, 2009

The Power of Negative Visualization


The Power of Negative VisualizationBy Alex Green

When Norman Vincent Peale wrote The Power of Positive Thinking 60 years ago, he received a stack of rejection slips from publishers.

Dejected, he threw the manuscript into the trash, forbidding his wife to remove it. She didn't.


The next day, however, she took the manuscript, still inside the wastebasket, to a publisher who accepted it. The book became a foundation of the human potential movement, selling more than 20 million copies in 47 languages.


Much of Peale's homespun advice sounds quaint or even amusing to us today. Still, the book did a good job of articulating a basic truth:

To a great extent, you create your world with your thoughts. Most personal achievements begin with an abiding faith that we can and will accomplish them.


Even realizing your goals, however, will not lead to lasting satisfaction. That's because human wants are insatiable.


Most of us are trapped on what psychologists call the hedonic treadmill. We work to achieve what we desire. Those things satisfy us for a while, but we soon adapt to them and dissatisfaction returns. So next time, we set the bar a little higher...


Our lives can easily become a pastiche of unfulfilled desires. We yearn for a better-paying job, more recognition, greater social status, a newer car, a bigger house, a firmer abdomen, perhaps even a sexier spouse.


Dissatisfaction is not all bad, of course. Desire can motivate us to achieve good things in our lives, too.

But a continual sense of lack creates anxiety. It undermines our satisfaction. Peace of mind eludes us.


Fortunately, the ancient Stoic philosophers had a technique you can use to override the adaptation process and recapture the contentment we seek. It's called negative visualization.


The technique is to spend some time each day imagining that you have lost the things you value most. Vividly imagine, for example, that your job has just been terminated, that your house - with all your possessions - has burned to the ground, that your partner has left you, or that you have lost your sight, your hearing, or the use of your limbs.


This sounds horribly bleak, I know. But the Stoics were onto something here. They understood that everything we enjoy in life is simply "on loan" to us from Fortune. Any of it - all of it - can be recalled without a moment's notice.


Epictetus reminds us, for example, that our children have been given to us "for the present, not inseparably nor forever." His advice: In the very act of kissing your child, silently reflect on the possibility that she could die tomorrow.


The Roman philosopher Seneca advises us to live each day as if it were our last, indeed as if this very moment were our last. He's not suggesting that you drop your responsibilities and squander the day in frivolous or hedonistic activities. He's encouraging you to change your state of mind.


Maybe you are already living the dream you once had for yourself.

Along the way, however, you became jaded, bored, numb to the blessings that surround you. The goal of the Stoics would be to wake you up, to make you appreciate what you have today.


Some will argue that negative visualization is fine for those who are happy, healthy, and prosperous - but how about the troubled, the less fortunate?


Negative visualization works for them, too. If you have lost your job, imagine losing your possessions. If you have lost your possessions, imagine losing the people you love. If you have lost the people you love, imagine losing your health. If you have lost your health, imagine losing your life.


There is hardly a person alive who could not be worse off. That makes it hard to imagine someone who wouldn't benefit from this technique.


Adaptation diminishes our enjoyment of the world. Negative visualization brings it back.


It also prepares us for life's inevitable setbacks. Survivors of tornados, earthquakes, hurricanes, and other natural disasters, for example, may suffer terribly. Yet afterward, they often tell us that they were just sleepwalking through life before. Now, they are joyously, thankfully alive.


No one should need a catastrophe to feel this way. You can attain the same realization through negative visualization. Moreover, it can be practiced regularly, so its beneficial effects, unlike a catastrophe, can last indefinitely.


Try it and you'll see. I've found it's perfect for when you're standing in line or stuck in traffic, time that would be wasted otherwise.


By contemplating the impermanence of everything in your world, you can invest all your activities with more intensity, higher significance, greater awareness.


In sum, Norman Vincent Peale got it half-right. Positive visualization helps you get what you want. Negative visualization helps you want what you get.


[Ed. Note: Alex Green is Investment Director and Chairman of The Oxford Club, and is the bestselling author of The Secret of Shelter Island: Money and What Matters. His new book - described by Michael Masterson as "shockingly good" - explores money, meaning, and the pursuit of the good life. To pick up a copy, click here.]


This article appears courtesy of Early To Rise, a free newsletter dedicated to making money, improving health and secrets to success. For a complimentary subscription, visit http://www.earlytorise.com.




Chuck Miller GMB CGB CGP MIRM CMP MCSP CSP
President / Builder – Chuck Miller Construction Inc.
(208) 229-2553
chuck@chuckmillerconstruction.com

Friday, June 12, 2009

On.Being Authentic and Telling the Truth

I thought this was worth sharing.

On Being Authentic and Telling the Truth by Andrew Schneider

Authenticity is central to the idea of being in one’s own power and being of service from that position. To be authentic you cannot let other people dictate what you should think or believe or do. You need to know yourself at the deepest level. This is essential because only then can you know what you need to give, and know what others need as well. Besides this, at your deepest level of being you have a truth detector – a soul sense that tells you what is real and what is illusion, what is true and what is not. Most people do not use this sense of knowing because they do not trust it. Instead they trust more what others say is real or true.

We live in a world of communications – media of all sorts that reach around the world, into our work places and into our living rooms and bedrooms. People with agendas to serve, often self-serving, use these media to try to convince as many people as possible to believe the ‘truth’ they are presenting.

In recent times there have been elections in which candidates for high offices have held debates. The greatest influence of these debates has not been directly to people’s minds, because people don’t pay enough attention or use their own sense to understand sufficiently to make up their minds about what they hear. That is part of the problem. The other part is that politicians, like other people, do not always tell the truth, or they distort the truth, and most people do not know what the facts are. The result of all this is that people wait to make up their minds from what the media presents. The media tells them who won the debate, who was better, etc.

There are two things we need to be aware of when listening to others telling what they consider to be the truth:

1. The spin. Facts are taken and presented with a specific spin, a specific interpretation, to suit the one presenting them. The spin is determined by the agendas, the motives, and the goals of those presenting them. So the objective facts are seldom revealed as such.

2. Perception Management. This is similar but more insidious than spin. It is not just a manipulating of the facts, but a complete ignoring of the facts. Perception management, for example, presents greed masquerading as compassion and generosity; air pollution, water pollution and other forms of corruption are packaged attractively as social benefits; making war in order to establish peace, making up euphemisms like soft targets and collateral damage to hide the hideousness of immoral behaviour involving killing innocent people. Perception management involves falsehood and deception, the purpose of which is to get others to believe what one wishes them to believe, whatever the truth may be. It is no wonder that it has been described as ‘information warfare’ since the term was first used by the U.S. military. It is now widely used by whomever has motivation to influence many and the means of doing so, particularly through the media.

Always be wary of the propaganda you are exposed to regardless of where it is coming from. Always see through it to the motivations and heart of those presenting it. If there is power or money at stake behind the messages, you can be sure you are being exposed to spin and/or perception management. Once you recognize this, and understand what is going on, you can dismiss it and, if possible, identify the truth that is being distorted or hidden.

At the very least trust your heart, your soul, to know when someone is trying to manipulate the truth. And then stand for the truth as you know it. Be courageous and be authentic!

Exercises:

Make it a practice to examine at least one message a day that comes to you from others directly or through the media. Ask yourself to sense what the motivations are of the presenter, and what truth or facts are involved. Ask yourself to what extent the truth is being distorted or completely hidden. Then decide what you want to do – accept, reject, or stand for something else.


All Soul Perspectives are authored by Andrew Schneider.
(C)Reproductions on Soul Perspectives Permitted

Subscribe to Soul Perspectives @ http://www.thesouljourney.com/soulperspectives.shtml