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Bakhlaw Law Blawg
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Written by Slater
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Thursday, 28 January 2010 13:44 |
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McLEAN, Va. (AP) -- Rates on 30-year mortgages remained almost flat this week as the Federal Reserve said it would keep rates near record lows to help the economy recover.
The average rate on a 30-year fixed mortgage was 4.98 percent this week, down slightly from 4.99 percent last week, Freddie Mac said Thursday. Last year at this time, the average rate for a 30-year fixed mortgage was 5.10 percent.
Rates are still above the record low of 4.71 percent set in early December. They've been held around 5 percent by a Federal Reserve program to pump $1.25 trillion into mortgage-backed securities to try to keep rates low and make home buying more affordable.
On Wednesday, the Fed said it still expects to end the program as scheduled on March 31. However, the central bank did say that it remains open to changing that timetable if necessary.
Freddie Mac collects mortgage rates on Monday through Wednesday of each week from lenders around the country. Rates often fluctuate significantly, even within a given day, often in line with long-term Treasury bonds.
The average rate on 15-year fixed-rate mortgages fell slightly to 4.39 percent from 4.40 percent last week, according to Freddie Mac.
Rates on five-year, adjustable-rate mortgages averaged 4.25 percent, down from 4.27 percent a week earlier. Rates on one-year, adjustable-rate mortgages dropped to 4.29 percent from 4.32 percent.
The rates do not include add-on fees known as points. The nationwide fee for loans in Freddie Mac's survey averaged 0.6 point for 30-year, 15-year and five-year loans. It averaged 0.5 point for one-year loans. |
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Written by Slater
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Thursday, 28 January 2010 13:37 |
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Cities in the so-called Sand States dominated the foreclosure rankings in 2009, with the 20 worst-hit metro areas residing in Nevada, Florida, California and Arizona.
Las Vegas had the largest number of foreclosure filings of any city last year, with 12% of its households receiving at least one during the year, according to RealtyTrac, the online marketer of foreclosed homes. That was more than five times the national average.
Cape Coral, Fla., was a close second with 11.9% of its households; Merced, Calif., was third with 10.1%.
The good news is that all top 20 cities recorded declines in foreclosure filings in the last three months of the year.
The bad news is that the foreclosure plague is spreading beyond these usual trouble spots, according to RealtyTrac's CEO, James Saccacio. And, nationwide, foreclosures grew 21.2% during the year.
"Areas like Provo, Utah, Fayetteville, Ark., Portland, Ore., and Rockford, Ill., all posted foreclosure rates above the U.S. average in 2009," he said. "And markets like Honolulu, Minneapolis and Seattle saw foreclosure activity increase at more than twice the national pace over the past 12 months."
He added that the new foreclosure wave seems more grounded in traditional foreclosure causes, such as job losses, than those recorded in the Sand States, where they were much more "bubble related."
In cities such as Las Vegas, Phoenix, Miami and Bakersfield, Calif., soaring home prices of the mid 2000s drove homebuyers to desperate measures, such as taking on hybrid adjustable rate mortgages, also called toxic ARMS. These products only remained affordable as long as home prices grew; once prices stopped rising, borrowers began to default.
New hotspots
Some cites that had escaped the worst of the default demon in prior years saw foreclosure filings -- default notices, auction sales and bank repossessions -- soar. The Gulfport area of Mississippi recorded a year-over-year spike of 784%. Houma, La., recorded a 379% gain, and Roanoke, Va., filings jumped 352%.
Despite the big increases, however, the foreclosure rates for those cities ranked in the bottom third of the nation. For example, Gulfport was number 180 out of 203 metro areas listed.
Filings in Boise, Idaho, on the other hand, grew 103% but that was enough to put it 24th among cites, the highest ranking of any place outside the Sand States.
In contrast to the boom areas, cities where home prices never soared have endured far fewer foreclosures. The lowest rate of filings for any of the cities covered in the RealtyTrac report were found in Burlington, Vt., and Utica, N.Y, each of which had a miniscule 0.05% filing rate.
The housing boom, with its annual double-digit price increases, mostly bypassed areas like those, enabling buyers to escape the necessity of stretching their incomes to cover high housing costs.
In Burlington, the median home price has stayed under $230,000, and median home prices in Utica have been very cheap, not more than $120,000 at any time.
For cities like that, few foreclosures are caused by mortgage related issues and, as long as the local economies don't crash, defaults should remain well under national averages.
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Written by Shahrzad RIzvi
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Wednesday, 20 January 2010 14:12 |
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via MediaWonk
From the be careful what you wish for file: Twentieth Century-Fox’s Avatar, which is rapidly approaching the top spot among all-time global box-office grosses, and would likely be the biggest selling Blu-ray title to date when released at Christmas time, will actually be released on June 1st, at least in most of the world. Amazon France is already taking pre-orders, for 28.99 euros.
Why not wait until the most propitious time of year to release such a monster title in order to maximize sales? Because it would be against the law in France to wait beyond June 1. And if you release it in France, under EU rules, you’ve effectively released it throughout the EU. And if you release it in the EU, you’ve effectively released it throughout Blu-ray’s Region B, which includes Africa and the Middle East as well as Australia and New Zealand, where they speak a version of English. And if you’re going to release a movie with an English soundtrack in Region B, you might as well release it in Region A, which includes the United States, because it’s going to end up on the Internet sooner or later, probably sooner.
Welcome to life under France’s new three-strikes regime.
Often overlooked in the hoopla surrounding the three-strikes provision in France’s Creation and the Internet law passed last year that established a procedure for cutting off Internet access for repeat copyright infringers, were other measures strictly regulating release windows for movies in France. Under the law, any movie released theatrically in France must be released on DVD and Blu-ray, as well as made available for authorized downloads, exactly four months after its theatrical debut.
Since Avatar was released in mid-December, Fox was technically obliged to release it on Blu-ray/DVD/ in mid-March April, although a separate provision in the law allows a distributor to petition for a one-time extension of the window in the case of very high-grossing films (or for quicker DVD release of theatrical turkeys). That bought Fox another six weeks, to June 1, but that’s it. The fact that the distributors’ business interests might best be served by waiting longer doesn’t count in the law.
That’s the sort of thing that can happen when you invite the government to regulate an industry sector, especially the French government. It’s rarely subtle and it frequently end up cutting both ways.
For all the benefit the studios may get from France’s three-strikes rules–and at the moment that doesn’t actually look very promising–they could end up losing due to the loss of flexibility over how they manage their businesses.
Because of how the Blu-ray and DVD regions are drawn, because of the global nature of the Internet, the laws of France could end up, as a practical matter, dictating studio business strategy worldwide, particularly as digital distribution platforms become more critical to the bottom line. That, in fact, is precisely what French president Nicolas Sarkozy–so widely praised by U.S. content owners for his “leadership” in protecting copyrights online–set out to accomplish when he proposed the Creation and the Internet law back in 2008: to make France the world leader, not just in copyright protection but in promoting the digital distribution of culture.
Sarkozy may have gotten what he wanted. But as Fox is discovering with Avatar everyone else may have gotten more than they bargained for. |
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Written by Slater
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Tuesday, 05 January 2010 17:51 |
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A statewide change in home appraisal laws will take effect on Jan. 1.
The change is meant to streamline and increase accountability at appraisal districts, and also could mean lower property taxes for some home owners, according to Gov. Rick Perry's office.
House Bill 1038 will require appraisal districts to evaluate all comparable properties when creating their appraisals, including properties near the appraised home that have recently been foreclosed on, according to Perry's office.
“It adds a level of protection for a taxpayer,” said Ellen Mayers, co-owner of Dallas-based Blue Star Appraisals, in an interview. She said some taxpayers have found themselves in the past year living in neighborhoods of $240,000 houses — only to discover that a large number of foreclosures nearby have cut into the remaining homeowners' property values.
Home owners in this situation, Mayers said, are likely to complain that an appraisal in the $240,000-range is too high given the number of foreclosures nearby. H.B. 1038 was created to address this issue.
“In general terms, because of what markets have been doing lately, those number of foreclosures do start bringing the values down.”
It’s reasonable for a taxpayer who is paying more in taxes on a high-priced home to point out that having a large number of foreclosures nearby is a factor cutting into his or her property value, Mayers said.
“I think for taxpayers it’s a positive move,” she said. “The objection was that it would lower taxable values, but when times are good again, taxable values will go back up.”
Perry also reminded Texans that citizens this year voted for Proposition 2 and Proposition 3, which are designed to strengthen transparency and accountability throughout the appraisal process.
Under Proposition 3, Texas lawmakers will be able to adopt uniform appraisal standards statewide.
In addition, Proposition 2 means that residential property appraisers will be based solely on homestead use, rather than other hypothetical property alternatives.
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Written by Slater
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Tuesday, 05 January 2010 17:46 |
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Bankruptcy filings in Dallas and Fort Worth have climbed more than 80% from last year, and Chapter 11 bankruptcy reorganizations are up 158%, 11 months through the year.
Through the end of November, some 16,191 individuals and businesses had filed for bankruptcy in the Dallas and Fort Worth divisions of the U.S. Bankruptcy Court’s Northern District of Texas. Through the same time frame in 2008, 9,018 people and companies had filed for some form of bankruptcy protection in the region.
Nationwide, business bankruptcies through the end of September had already surpassed the total for all of 2008, according to the American Bankruptcy Institute. The 45,510 business bankruptcies filed in the first nine months of the year is the highest total since 1997, when 53,931 businesses filed for bankruptcy protection.
“What we’re seeing is a continuing stream of corporate Chapter 11s, and it’s way beyond what we’ve seen last year,” said Joe Wielebinski, a Dallas bankruptcy attorney with Munsch Hardt Kopf and Harr PC. “It’s all across the board in industries, locations and types of problems.”
In the federal fiscal year, which ended Sept. 30, bankruptcy filings nationwide were up 34.5%, according to the Administrative Office of the Courts.
Local figures breaking out business bankruptcies aren’t yet available, but just like the recession, business bankruptcy activity in Texas seems to have been milder than in other regions of the country, said Phil Lamberson, head of the business restructuring and bankruptcy practice at Winstead PC.
The North Texas energy and real estate industries have had significant increases in bankruptcy filings this year, but it could have been much worse. |
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Written by Shahrzad RIzvi
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Wednesday, 16 December 2009 10:22 |
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In a complaint filed in New York the Plaintiff "Free Software Foundation" and the software engineer who coded "BusyBox" alleged that several big name electronics producers infringed upon the GNU General Public License (GPL) of the BusyBox software. The GPL License Version 2 specifically states.
You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 aboveprovided that you also do one of the following:
"a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange . . . ."
The complaint claims the following products infringed on the Plaintiff's licensing rights:
- BestBuy's Insignia NS-WBRDVD Blu-ray Disc Player
- Samsung's LN52A650 and LA26A450 LCD HDTV's
- Westinghouse's TX-52F480S LCD HDTV; JVC's LT-42P789 LCD HDTV and VN-C20U IP Network Camera;
- Western Digital's WDBABF0000NBK WD TV HD Media Player;
- Bosch's DVR4C Security System DVR;
- Phoebe Micro's Airlink101 AR670W and AR690W wireless routers
- Airlink101 AICAP650W IP Motion Wireless Camera;
- Humax's iCord HD HDTV DVR;
- Comtrend's CT-5621 and NexusLink 5631/ 5631E ADSL2+ bonded modems;
- Dobbs-Stanford's Frame Jazz EyeZone B1080P-2 digital media player;
- Versa Tech's PS-730 ITS Gateway and VX-BW2250 weatherproof dual
radio outdoor wireless access point;
- ZyXEL's P-663H-51 ADSL 2+ Bonded 4 Port Router;
Astak's CM-818DVR4V security camera system with DVR and CM-04DE and CM-04DEV security system DVR devices; and, GCI's Cortex HDC-3000 digital music controller.
That's alot of big electronics producers listed! This doesn't necessarilly mean that the products are defective, but that software used within them allegedly breeched the GPL License. We'll certainly be following this case.
View The Complaint Here (PDF)
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Written by Slater
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Tuesday, 01 December 2009 16:15 |
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Activity in Texas factories during the month of November showed signs of growth, according to a new survey from the Federal Reserve Bank of Dallas.
The production index turned positive for the first time since July of 2008, the Fed said. Other areas that moved into positive territory this month include capacity utilization, shipments, new orders and an increased rate of orders, according to the report.
The Fed says the business activity index also improved in November, while price pressures were still “mixed.”
According to the report, producers are still seeing rising costs associated with raw materials and expect going forward that price increases on raw materials will continue for at least the next six months. |
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Written by Slater
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Tuesday, 01 December 2009 15:45 |
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By TRAVIS REED, Associated Press Writer Travis Reed, Associated Press Writer – Sat Nov 28, 10:05 am ET
MIAMI – Like many home owners, hotels are starting to drown in debt.
They have been enticing travelers all year with sweet deals: credits for in-house spas and restaurants, up to 50 percent off five-star rooms, even free nights.
But all that discounting hasn't stopped occupancy from dropping an average of 10 percent. The result? Hotel loans have begun falling into delinquency faster than any other kind of commercial real estate debt.
The rising defaults paint a grim picture for an industry with increasingly more rooms than guests, and more hotels still opening every day. It's a problem that could get worse before it gets better, with demand expected to remain weak and ambitious new projects planned before the meltdown worsening the room glut.
The oversupply means room rates should stay low for at least another year, good news for consumers but not so great for hotel owners and the banks that lent them the cash to build or buy.
The rise in delinquencies is sharp. Five times more hotel loans are behind on payments this year than in 2008, according to mortgage data firm Trepp LLC, which tracks those traded by investors. In October, 8.7 percent were distressed, compared with 1.5 percent last year.
That's almost double the 4.8 percent rate for commercial property and the 4.5 percent rate for stores.
"Right now is an absolutely horrible time to be in the hotel business," said Ben Thypin, senior market analyst for market research firm Real Capital Analytics.
What happens when a hotel loan goes bad? Banks are much less willing to seize them than houses because running a hotel requires know-how. But some hotel owners are just handing back the keys where property values have plummeted.
In most cases, it is investment funds falling behind on payments, not major hotel companies. They generally don't own much property, instead franchising brands and earning a percentage of sales.
Most of the 1,231 U.S. hotels and casinos with troubled financing are remaining open. So, in the short term at least, consumers can expect to see deals on room rates for at least another year. Executives at STR Global, the hotel research firm, expect demand to rise 1.6 percent in 2010, but average rates to drop 3.4 percent.
Not in the 20 years the firm has collected hotel data has supply and demand been so far apart — not even in the early 1990s recession or after Sept. 11, 2001.
In July, even the posh California resort where American International Group employees vacationed after the company got bailout funds — inciting a wave of populist rancor — was taken over by a lender. Franchisor Starwood Hotels & Resorts Worldwide Inc. is still operating the St. Regis Monarch Beach, but such upscale resorts are still struggling without Wall Street business.
Extended Stay Hotels LLC filed for Chapter 11 bankruptcy protection in June, with $7.6 billion in debt across 681 residence hotels that also depend on business travelers. And Red Roof Inn Inc. defaulted in June on $361.4 million in loans on 131 properties.
Most of the distressed debt is on new or newly renovated high-end resorts built from 2005 to 2007 on dreams of corporate meetings and cocktail hours. Luxury projects approved before the recession are still opening this year and in 2010 — including three Ritz-Carltons.
And even more new hotels are on the way. Because outside investors have to secure the loans and take the biggest risk, hotel chains intend to keep growing — even at the high end.
Starwood is adding 45 luxury and upscale hotels to its U.S. portfolio this year, and about 23 in 2010. InterContinental Hotels and Resorts is signing a contract every day to add to its more than 4,300 properties, the world's largest by room count, said Jim Abrahamson, the British company's leader in the Americas. This year, 335 of the company's new hotels are in the U.S.
Starwood CEO Frits van Paasschen brushes off critics, saying "rumors of luxury's demise are greatly exaggerated."
"As you look back on the excesses of the 1980s, 'The Bonfire of the Vanities,' the run-up in prosperity around the Internet boom — even going to Pompeii and seeing the way people were being pampered 2,000 years ago," he said. "I think luxury, taking care of yourself, taking care of your family and those around you is so fundamental to the human experience." |
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Written by Slater
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Tuesday, 24 November 2009 00:41 |
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By Corbett B. Daly
WASHINGTON (Reuters) - U.S. commercial real estate activity in the third quarter rose for the first time in more than two years but is still sharply down from a year earlier, a real estate trade group said on Thursday.
The National Association of Realtors said its Commercial Leading Indicator for brokerage activity index rose 0.9 percent from the prior quarter's fifteen-year low to 102.4, the first rise since the second quarter of 2007. Still, the index is 11.1 percent below the 115.3 reading in the third quarter of last year.
NAR chief economist Lawrence Yun said gains in industrial production, durable goods shipments and retail sales contributed to the modest recovery in the past quarter.
Yun said that the outlook for commercial real estate remains uncertain.
"Credit availability needs to significantly rebound for any hope of a meaningful commercial recover in 2010," Yun said.
The realtors said they expected vacancy rates for office space to rise to 18.5 percent in the third quarter of next years, up from 16.9 percent in third quarter 2009.
Separately, the Mortage Bankers Association said delinquency rates of mortgages on one-to-four unit residential properties in the United States rose to 9.64 percent in the third quarter of 2009, the highest on records going back to 1972.
The realtors expect vacancy rates on one-to-four unit residential properties to rise to 7.9 percent in the second quarter of next year. Multi-family vacany rates were 7.3 percent in the third quarter. |
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