December 2010

Michael Sinensky: A Small Business Owner’s Wish List To Santa

December 24, 2010

Dear Santa, This is Michael Sinensky. I’m 31 years old and live in a two-bedroom apartment in Union Square, NYC with my wife and two amazing children who allow us to sleep an average of three hours a night. I’ve always been an entrepreneur: I sold school supplies in elementary school, ran a candy mafia ring in high school with eight kids reporting to me, and threw parties in my friend’s basement with a cover charge. It has taken all that experience plus another ten years of professional experience to settle into my business of running a group of restaurants and bars. Presently, I have a company that employs approximately 300 employees, a team of individuals I’m so thankful for. We both know times are extremely tough, kind of like that movie about when you called Fred Claus when you had the board watching over you, discussing cuts, shutting you down, etc. Well, I feel the same way now with local, state and federal government so I hope you can feel my pain. I’ve put together my wish-list and promise to leave milk and cookies out for you — is it ok if I leave them with my doorman (Alex or Danny) as we and most New Yorkers don’t have a chimney? In any event, let me know what you can do. Sincerely, Michael Sinensky

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Ask Oprah’s All-Stars: Questions For Dr. Oz, Suze Orman and Dr. Phil

December 24, 2010

The Oprah Winfrey Network launches on January 1, and they are looking for questions from HuffPost readers for Oprah’s All Stars. Oprah’s go-to experts — Dr. Phil, Suze Orman and Dr. Oz — will be answering questions about health, wealth and mental well-being as part of the original series , “Ask Oprah’s All Stars,” premiering Sunday, January 2. The four-part series continues every Sunday through January, from 8-10pm ET/PT. To submit a question for Dr. Oz, Dr. Phil, or Suze Orman, put it in the comments section below — then tune in on Sundays and see if they use yours. Check out a preview of Oprah’s All Stars:

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END OF CHEAP CREDIT? Surge Of Money From Bonds Could Hurt Lending

December 24, 2010

NEW YORK (AP, Matthew Craft) — Americans are leaving bond mutual funds at the fastest rate in more than two years. U.S. investors pulled $8.6 billion out of bond funds in the week ended Dec. 15, the largest withdrawal since October 2008 when financial markets were in free-fall. They pulled an average of almost $3 billion every week since Nov. 23, according to the Investment Company Institute. Prior to November, money had been flowing into bond funds every week for nearly two years. “This is the real deal,” says Marilyn Cohen, founder of Envision Capital Management, which oversees $300 million in mostly fixed-income investments. If she’s right, the end of cheap credit is near. Interest rates would rise, which would ripple through the economy. It would become more expensive for cities, states and companies to borrow money to build schools, roads and expand their businesses. It would also cause the value of bond funds to fall, blindsiding Americans who thought they’d stashed their retirement savings in an investment that wouldn’t sink. Bond funds are creditors. They take cash from savers and lend it to corporations and governments in exchange for interest payments and promises that the cash will be returned at a certain date. If there’s less money to lend, borrowers need to pay higher rates to coax funds to buy their bonds. It follows the law of supply and demand. If there’s less of something, it pushes the price up. In this case, if the stream of money running into bond funds dries up, the cities, states and corporations that rely on them for financing will wind up paying more to borrow. That would hurt cash-strapped states like California and Illinois which can’t afford higher debt payments. It also means that Wal-Mart Stores Inc., Johnson & Johnson and other corporations will no longer be able to borrow money at the cheapest rates on record. IBM Corp. sold $1.5 billion worth of bonds in August at a rate of just 1 percent. With few exceptions, Americans have favored U.S. stocks over bonds since the early 1990s. The housing bust broke that habit. U.S. stock funds began bleeding cash in 2007 and bond funds began piling it up. That shift intensified during the financial crisis as people sought safer investments and bond funds began posting stronger returns. Banks and foreign governments made U.S. bonds a favored hiding spot during the financial crisis, knocking the yield on the 10-year Treasury note down to nearly 2 percent. The yield had been above 5 percent in June and July of 2007, before the onset of the Great Recession in December of that year. The embrace of fixed-income funds throughout the recession had many benefits, says Hans Mikkelsen, credit strategist at Bank of America-Merrill Lynch. The record $376 billion that flowed into the bond market in 2009 allowed corporations to refinance their debt at cheaper rates. Without it, Mikkelsen says, many companies would have defaulted. “It should have been the worst run of defaults we’ve ever seen, but instead it ended up being the shortest,” Mikkelsen said. Just as their safe and steady performance drew investors to bond funds, the recent rout in debt markets is scaring them away. In four of the past five weeks, Americans have yanked more money from bond funds than they invested, the only weeks this year that has happened. Nicholas Colas, chief market strategist at BNY ConvergEx, regularly checks the data tracking investment flows for any surprises. Watching the slow, steady drip of cash into them became tedious after a while. “Now it’s like when you see a car crash,” he says. “First you look and think, ‘Did that really happen?’ And then you check to see if everything is OK.” Even the world’s largest mutual fund has lost some appeal. Pimco’s $256 billion Total Return Fund, run by bond market guru Bill Gross, returned just 1 percent a month on average until November, according to Morningstar data. That month the bond fund lost 1.4 percent, its worst performance since September 2008. Investors pulled $1.9 billion from the fund in November, the first net withdrawal in two years. What spurred the change? It started with a sharp drop in Treasury prices in mid-November, which drove long-term interest rates up from near-record lows. That sent borrowing costs higher across the board because all U.S. debt markets take their cue from the Treasury market. Treasury prices had been climbing since late August on hopes that a major bond-buying program by the Federal Reserve would prevent long-term interest rates from rising. But then a number of economic reports started to raise hopes that the economy was strengthening. That led investors to start pulling money out of Treasurys. The big blow came after President Barack Obama announced a compromise with Senate Republicans to extend tax cuts for two years and unemployment benefits for another year. Economists raised their forecasts for economic growth, and bond traders began bracing for even wider federal budget deficits. Both spell trouble for bonds. The tax package, signed into law last Friday, is expected to cost $858 billion. “All that talk from Washington about wanting to keep budgets tight just went out the window,” Colas said. The real danger, analysts say, is if the selling starts to feed on itself, creating a steep jump in long-term interest rates. Investors ditch bonds, pressing prices down and causing more investors to flee. “Selling begets more selling,” Cohen says. “The psychology of greed and fear never changes.” Under the worst-case scenario, long-term rates shoot higher and derail the recovery. If they rise gradually without choking off economic growth, some think the money flowing out of bond funds will find its way into stocks. That hasn’t happened yet. U.S. stock funds are still seeing an average $2.3 billion in net withdrawals a week. Stock funds have two important trends running in their favor. — Stocks became less volatile right after the bond market started to weaken in November, and major indexes have been on a steady climb. Analysts say investors may wind up returning to stocks for many of the same reasons they piled into bonds: a sense of security and greed. — Studies show people tend to follow winners. This “return chasing” benefited bond funds when they trounced stocks, and it may help lift stocks next year, Mikkelsen says. The Standard & Poor’s 500 index has returned 15 percent including dividends over the past year and has notched two-year highs day after day this month. On Tuesday, it hit the level it traded at just before Lehman Brothers filed for bankruptcy in September 2008.

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Goldman Sachs May Change Its Pay Practices To Deter Risky Bets

December 24, 2010

Goldman Sachs Group Inc., weighing 2010 pay packages for a year that could rank as Wall Street’s second best, said it may grant bonuses that depend on future earnings, in addition to stock performance.

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The AP’s Top 10 Business Stories Of The Year

December 24, 2010

WASHINGTON (AP) — In 2010, the economy rebounded fitfully from the Great Recession – starting strong, wobbling at midyear but showing enough vigor by year’s end to quell fears of a second recession. Yet Americans hardly felt relief under the weight of high unemployment, which began the year at 9.7 percent and is now 9.8 percent. An oil spill devastated the economy and environment along the Gulf Coast and hammered energy giant BP’s stock price and reputation. China muscled past Japan to become the world’s No. 2 economy, a reminder that the global economic order is shifting and America’s supremacy is diminishing. It was a year of job shortages and swollen budget deficits that disheartened Americans and caused deep losses for incumbent Democrats on Election Day. The Federal Reserve tried with scant success to jolt the economy with record-low interest rates. The struggling economy was voted the top business story of the year by U.S. newspaper editors surveyed by The Associated Press. The oil spill in the Gulf came in second, followed by China’s economic rise.

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Brazil’s LBR to generate $1.8 billion in annual sales

December 24, 2010

Brazil’s LBR to generate $1.8 billion in annual sales

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Iran spends $9.6b on railway projects

December 24, 2010

Iran spends $9.6b on railway projects

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LACERS Names General Manager

December 24, 2010

Los Angeles City Employees Retirement System has appointed Thomas Moutes as general manager

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Video: Groves on U.S. Population Data: Political Capital With Al Hunt

December 24, 2010

Dec. 24 (Bloomberg) — Robert Groves, director of the U.S. Census Bureau, talks with Bloomberg’s Al Hunt about 2010 Census data and implications for the economy. Bloomberg’s Lisa Lerer and Julianna Goldman discuss the legislative wins for President Barack Obama on the last day of the 111th Congress. Bloomberg’s Deputy Bureau Chief in Israel Gwen Ackerman speaks about the outlook for a resumption in Middle East peace talks. Commentators Kate O’Beirne and Margaret Carlson hand out their holiday season gifts for U.S. politicians.

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David Isenberg: PMSC vs. Pirates

December 24, 2010

In the past few years, in response to the increased attacks on maritime shipping by Somali pirates there has been increased call for and use of what might call PMSC (Private Maritime Security Contractors). In particular, some have been advocating utilizing the lessons of the past by issuing letters of marquee. Such letters have an honorable pedigree. In past centuries a Letter of Marque and Reprisal was a government license authorizing a private vessel to attack and capture enemy vessels, and bring them before admiralty courts for condemnation and sale. Nor was this just something done by other nations. Most people don’t remember that Article 1 of the United States Constitution lists issuing letters of marque and reprisal in Section 8 as one of the enumerated powers of Congress, alongside the power to “declare War”, and because the United States has not renounced privateering by treaty, in theory it could still issue letters of marque. In fact, Representative Ron Paul (R-TX) called on Congress to “issue letters of marque and reprisal, deputizing private organizations to act within the law to disable and capture those engaged in piracy. Thus, the main question is whether, from an economic, national security, or public policy perspective, governments should take advantage of these private sector capabilities. In that regard one should read a law journal article published earlier this year. It is

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Fantastic Friday: Will Christmas Eve Shoppers Set Spending Record?

December 24, 2010

NEW YORK — It’s Black Friday, The Sequel. Stores are rolling out deals and expect to be swimming in shoppers on Christmas Eve as stragglers take advantage of a day off work. For retailers, the last-minute rush caps the best year since 2007, and possibly ever. With Christmas falling on a Saturday this year, Friday is a holiday for most U.S. workers. That lets shoppers hit the stores first thing in the morning. “I’m calling it Fantastic Friday, because I really do think it’s going to be one of the busiest days of the year,” said Marshal Cohen, chief fashion industry analyst with researcher NPD Group. A strong Christmas Eve would round out a surprisingly successful holiday season for retailers. The National Retail Federation predicts that holiday spending will reach $451.5 billion this year, up 3.3 percent over last year. That would be the biggest year-over-year increase since 2006, and the largest total since spending hit a record $452.8 billion in 2007. A strong finish could even give 2010 the crown. While both are heavy shopping days, Christmas Eve draws a different breed of buyer than Black Friday, the day after Thanksgiving and the unofficial start to the holiday shopping season. “Those who get up and brave the cold on Black Friday are usually looking for hot items, not only to buy gifts but to score something for themselves,” said Kathy Grannis, a spokeswoman for the National Retail Federation. “They’re planners, and they map out what they want to buy.” Shoppers who come out on Christmas Eve, on the other hand, were either waiting for the biggest discounts or they didn’t have the money to spend earlier, she said. Or they just tend to dilly-dally. While many Black Friday shoppers relish the hunt, last-minute buyers are harried and focused on getting things done. And true to stereotype, they are mostly men, said Dan Jasper, spokesman for Mall of America in Bloomington, Minn. Accordingly, stores push men’s and women’s sweaters in their circulars, while shoes and children’s apparel take a back seat. Jewelry also tends to be a top last-minute gift item, though that category has been strong throughout the season. E-commerce has driven much of the holiday’s spending growth. For the season to-date, $28.36 billion has been spent online, a 12 increase over last year, according to research firm comScore. Online shoppers spent $900 million last weekend alone. Many people who postponed their shopping this year blame busy schedules. The number of hours U.S. workers are putting in at the office each week has been on the upswing since the official end of the recession in June 2009, according to data from the Bureau of Labor Statistics. That leaves less time for shopping during the week. Vivian Lowe, 34, works for an ad agency in Atlanta and didn’t start her shopping until Wednesday. “It just caught up with me this year,” she said. She spent Thursday at the Lenox Square Mall in Atlanta and plans to hit Target on Christmas Eve because she sees it as a one-stop shop. Procrastinators like Lowe shouldn’t hit too many snags. Store inventories are not as depleted as last year, when merchants scared about having too many leftovers saw some empty shelves near the end of the season. But shoppers are not seeing the 75-percent-off-everything fire sales that characterized the 2008 holiday. Still, many stores are offering discounts this week. Express’s store at the Manhattan Mall in midtown had a huge yellow sign in its storefront window promoting an “end of the season 50 percent sale” on selected items. Macy’s is offering 30 percent off some bags and jewelry, while the Gap is applying that markdown to everything in the store. At CVS, there are buy-two-get-one free deals on bath-and-body gift sets and discounts on a 7-inch LCD TV and DVD player combo. Ron and Lisa Johnson of Indianapolis came to Circle Center Mall Thursday morning just to buy boots for their 20-year-old daughter, Kaitlyn Shirar. Nearly four hours later, they sat on a bench with a pile of bags from Nine West, H&M and Forever 21. “We haven’t found anything that wasn’t on sale,” Lisa said. Retailers say shoppers have mostly stuck to a big lesson taught by the recession: using cash, not credit. Toward the end of the season, they pulled out the plastic a little more often, but that’s normal. Overall, analysts consider the increased spending a sign more consumers have paid down debt and have cash to spend. Besides sales, retailers are finding other ways to accommodate procrastinators. Many stores, including Best Buy Co., let shoppers order online and then pick up the merchandise at the store. Best Buy’s deadline to order on its website is 3 p.m. Christmas Eve, and most stores close at 6 p.m. Amy Adoniz, the store manager at Best Buy’s store in Union Square in Manhattan, said that as of midday Thursday, 16 people were in line to pick up items ordered on its website. 7-Eleven convenience stores, always handy in a pinch, will be open all day on Christmas and are expanding their gift-worthy offerings by stocking a broader selection of wines, hand-held games and stuffed animals. Toys R Us plans to keep its doors open until 10 p.m. Friday, but is taking a different tack from the discounters, raising prices on some popular toys to take advantage of shoppers’ desperation. It bumped up the prices of the Leapster Explorer hand-held learning device by $20 and the Nerf Stampede Blaster by $5, said Gerrick Johnson, a toy analyst at BMO Capital Markets. “Retailers are realizing that rather than give these toys away, they can actually make a profit on them,” Johnson said. If all else fails, shoppers will fall back on gift cards. Spending on the plastic vouchers is expected to reach nearly $25 billion this holiday season, 5 percent more than last year, according to the National Retail Federation. Michelle Jose, marketing manager for White Marsh Mall in White Marsh, Md., says that more than half of the mall’s gift card sales for the entire year are made in the last three days before Christmas and she expects “strong sales to finish up the holiday.” Ian McCarty, 26, who lives in Atlanta and works for Emory Healthcare, was finding good deals at Lenox Square Mall on Thursday, but had trouble finding the right sizes. He picked up a gift card at Gap and was on his way to Talbot’s to pick another one up for his mother. “It’s the easiest thing to do,” he said. ____ AP Retail Write Mae Anderson in Atlanta and AP Business Writer Tom Murphy in Indianapolis contributed to this story.

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Video: Chilton Says Riversdale Plugs Coking Coal `Gap’ for Rio

December 24, 2010

Dec. 24 (Bloomberg) — Peter Chilton, an investment analyst at Constellation Capital Management Ltd., talks about Rio Tinto Group’s A$3.9 billion ($3.9 billion) bid for Australian coking coal developer Riversdale Mining Ltd., and the potential for a rival bid from International Coal Ventures Ltd. ICVL appointed Citigroup Inc. to examine a possible takeover offer for the Sydney-based coal company with mines in Mozambique, the venture’s chairman C.S. Verma said yesterday. Chilton also discusses his investment strategy for mining stocks. He speaks from Sydney on Bloomberg Television’s “First Up.” (Source: Bloomberg)

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Video: Khan Says U.S. Housing Market Remains `Extremely Weak’

December 24, 2010

Dec. 23 (Bloomberg) — Anika Khan, residential economist at Wells Fargo Securities LLC, talks about the outlook for the U.S. housing market. Khan talks with Emily Chang and Matt Miller on Bloomberg Television’s “Street Smart.” (Source: Bloomberg)

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Video: Atencio Says Mississippi Gas Well One of Deepest in U.S.

December 24, 2010

Dec. 23 (Bloomberg) — Nicholas Atencio, chief executive officer of Mainland Resources Inc., talks about the company’s natural gas project in Mississippi. Atencio also discusses business strategy and environmental issues surrounding fracturing. He talks with Pimm Fox on Bloomberg Television’s “Taking Stock.” (Source: Bloomberg)

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U.S. Allowed American Companies To Do Business With Blacklisted Nations

December 24, 2010

Despite sanctions and trade embargoes, over the past decade the United States government has granted special licenses allowing American companies to do billions of dollars in business with Iran and other countries blacklisted as state sponsors of terrorism, an examination by The New York Times has found.

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New GOP Wave Pushes Business Lobbyist’s Wish List

December 24, 2010

JEFFERSON CITY, Mo. — Having won big in the fall elections, Republicans preparing to take over statehouses around the country are proposing to cut corporate taxes, weaken union clout and rewrite laws on discrimination, whistle-blowers and injured workers to the benefit of employers. In short, they intend to push through a business lobbyist’s wish list. And they plan to press ahead even though some of their ideas could, at least in the short term, cost their states desperately needed tax revenue. “It’s going to be a good year for businesses,” said Missouri Sen. Brad Lager, the commerce committee chairman in a state where Republicans won historic legislative majorities. When a new wave of politicians takes office in January, Republicans will hold a majority of governorships and their greatest number of state legislative seats since 1928 – giving them the muscle to enact the pro-business agenda they promised to voters concerned about high unemployment and an economy that has yet to make its big rebound following the Great Recession. But those pro-business policies are in some cases theories – not yet clearly proven to create jobs. And if they do work, they could take some time to produce the kind of growth that results in higher tax revenue for cash-strapped states. In the meantime, each new business tax break enacted could add to what the National Conference of State Legislatures forecasts to be an $83 billion shortfall for the upcoming budget year in about two-thirds of the states. Advocates for education and social services fear that will only deepen the short-term spending cuts coming their way. “We question if that pool of proposals are really business-friendly or not,” said Amy Blouin, executive director of the Missouri Budget Project, a nonprofit group that analyzes how fiscal policies affect low- and middle-income families. “We’re at the point where the result would actually be reductions in education, and businesses tend to care at least as much about the quality of education and communities and services as they do about the tax structure.” One of the first places to test the new pro-business push will be Wisconsin, where Republican Gov.-elect Scott Walker has promised to call the new GOP-led Legislature into an emergency session on his first day in office Jan. 3. Walker wants to lower taxes on businesses with fewer than 50 employees, impose new business-friendly limits on liability lawsuits and transform the state Commerce Department into a public-private partnership to lure companies to the state. “I think it’s basically put-up-or-shut-up time,” Walker said after his November election. “We have a mandate from the voters of the state, and it’s one we don’t take lightly.” In Michigan, voters elected the former chief operating officer of computer manufacturer Gateway Inc. to turn around a state that has consistently had one of the highest unemployment rates in the nation. Republican Gov.-elect Rick Snyder immediately chose the former president of the Michigan Economic Development Corp. to lead his transition team. “The business people we represent across the state are very excited about this change of leadership,” said Rich Studley, president and CEO of the Michigan Chamber of Commerce. Snyder wants to eliminate the Michigan Business Tax, which generates about $2.2 billion annually, and replace it with a lower corporate income tax projected to produce about $700 million for the state. Advocates for social services fear that could nearly double Michigan’s projected budget shortfall to more than $3 billion in the 2012 fiscal year. “Without any additional revenues, it’s hard to imagine filling that gap and not having just a devastating effect on social services and human services,” said Karen Holcomb-Merrill, the state fiscal policy director for the Michigan League for Human Services. In Iowa, Republican Gov.-elect Terry Branstad has said his plan to cut commercial property tax rates could cost the state up to $500 million over four years. The theory behind cutting corporate tax rates is that businesses will be more likely to locate or expand in a state if they can keep more of their profits. But the Congressional Budget Office has cast doubt on how much corporate tax cuts actually help stimulate the economy. A January 2008 report by the office said “increasing the after-tax income of businesses typically does not create an incentive for them to spend more on labor or to produce more,” because decisions on whether to increase production depends on their ability to sell the product. Such cuts haven’t helped yet in California, where outgoing GOP Gov. Arnold Schwarzenegger forced Democrats two years ago to accept corporate tax cuts that cost the state an estimated $2.5 billion a year in revenue. So far, there is little evidence the cuts created jobs – unemployment has remained a steady 12 percent since the summer of 2009 – or boosted revenue: The state’s lawmakers will again wrestle with a huge budget gap in 2011. The pro-business efforts extend beyond policies that will affect a state’s budget. In Oklahoma, where Republicans seized the governor’s office and increased their legislative majorities, incoming leaders such as Gov.-elect Mary Fallin want to lower workers’ compensation costs for businesses and overhaul the civil justice system to reduce liability insurance costs for doctors and businesses. In Missouri, GOP legislative leaders – who must work with a Democratic governor – want to rewrite laws governing lawsuits by alleged whistle-blowers and victims of discrimination and workplace injuries. They contend the current laws are unfair to businesses. And Missouri Sen. Rob Mayer – the likely next Senate leader – wants a “right to work” law that would prohibit union membership and fees from being a condition of employment. ___ Associated Press writers Scott Bauer in Madison, Wis., Kathy Barks Hoffman in Lansing, Mich., and Sean Murphy in Oklahoma City contributed to this report.

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Video: U.S. Stocks Drop as Valuation Offsets Economic Data

December 23, 2010

Dec. 23 (Bloomberg) — Bloomberg’s Deborah Kostroun reports on the performance of the U.S. equity market today. U.S. stocks fell after a five-day rally sent the Standard & Poor’s 500 Index to the most expensive level since June, offsetting a rebound in orders for durable goods and a drop in unemployment claims. Bloomberg’s Pimm Fox also speaks. (Source: Bloomberg)

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Economy Recovering Slowly, As Jobs And Housing Fail To Add Much To Growth

December 23, 2010

A growing sense that the economy is finally mounting a genuine recovery was reinforced this week as the government released several encouraging pieces of data. But the progress appeared modest and still tenuous, suggesting that even palpable improvement to the nation’s fortunes may not yield vigorous economic expansion anytime soon. As millions of people still struggle to find work, and as many continue to lose their grip on their homes–adding to a still anxiety-provoking glut of foreclosed real estate– many experts anticipate that a significant period of pain may yet lie ahead. Consumer spending, which comprises roughly 70 percent of the nation’s activity, increased in November–the most encouraging sign of all–and new and existing homes traded hands more briskly than in the previous month, even as those levels were down from a year earlier. But economists emphasized that substantial pressures continue to weigh on American consumers, raising questions about the intensity and sustainability of any recovery on the heels of the Great Recession. Ordinary consumers are still absorbing the reality of weak household finances, lost wealth, large credit card debts, and gnawing worries about the job market. Until the economy can again be fueled by spending based on solid and sustainable paychecks–a still faraway moment in the midst of 9.8 percent unemployment–growth is unlikely to be powerful enough to become self-perpetuating, economists said. Ordinary people must first see their finances improve, enabling consumer demand and corporate hiring to start reinforcing each other. “It’s a mixed bag,” said Chris Christopher, senior principal economist for IHS Global Insight. “Certain things are looking good, and certain things, well, you have to wait and see.” Even things that are looking better are far from looking great. Last month, consumer spending picked up slightly, and home sales quickened their pace, according to data released Wednesday and Thursday. As the holiday season began, consumers increased their spending by a relatively brisk 0.4 percent in November compared to October, according to the Bureau of Economic Analysis . Meanwhile, income grew 0.3 percent in November. But economists emphasized that these improvements were relatively modest. Spending and income gains were lower in November than in October. They did look much better, though, than a bleak September, when income didn’t grow at all. Housing sales were similarly lackluster, even as they improved. Sales of previously owned homes increased 5.6 percent in November, while sales of new homes climbed 5.5 percent in the month, according to new releases from, respectively, the National Association of Realtors and the U.S. Commerce Department. But when the yardstick is the same month last year, November’s sales of existing homes were down 27.9 percent from last year, and sales of new homes were down 21.2 percent. Real estate prices, meanwhile, continue to fall, making homeowners more vulnerable to default and foreclosure, and leaving banks still uncertain about the extent of the losses they may yet have to absorb. That tends to make banks more conservative, hanging on to their dollars as opposed to lending them out. Tighter bank credit puts the clamps on businesses that might otherwise expand and hire. Indeed, as economists this week tried to assemble a coherent picture from a flood of contrasting data points, many concluded that modest improvements were unlikely to prove sufficient to lead to robust consumer spending. With the labor market still weak and housing continuing as a drain on the wealth of many Americans, consumers appeared unlikely to spend the dollars necessary to promote a strong recovery. Once the holiday season is over–and with it, the usual seasonal boost to shopping– consumer spending is expected to diminish before it grows again. “That pace of growth is not going to stick around,” said Anika Khan, an economist at Wells Fargo. “Consumers are still fixing their balance sheets.” After many spent above their means in the years leading up to the financial crisis, Americans are now struggling to pay down their debt. That process isn’t easy. During the third quarter, banks wrote off $16.8 billion of debt, accepting losses for loans that wouldn’t be paid back, a recent study shows. On net, consumers increased their debt during that period by $6.5 billion. Still, even as consumers remain generally cautious–and for good reason–the data released on Wednesday and Thursday amplified hopes of a broader economic improvement. Gross Domestic Product, which measures the total output of the U.S. economy, grew 2.6 percent in the third quarter, according to the BEA . Other factors are promoting growth. If consumers aren’t driving, they’re at least riding. “The consumer is able to keep pace with the overall economy,” said Robert Dye, a senior economist with PNC Financial Services Group. “They’re not driving the economy forward, but they are keeping pace.” Consumers face myriad woes. Even as income grew last month, 9.8 percent of the workforce remains unemployed. Companies, apparently waiting for demand to pick up before they resume expansion, are generally sitting on cash rather than using it to hire workers: Relative to their short-term liabilities, corporations are more flush now than they have been in more than 50 years. Indeed, corporations are sitting pretty. Since last year, corporate profits have grown a massive 26.4 percent, the BEA data show. But this boon for bosses isn’t all bad for their would-be employees. Even if corporate cash-hoarding is directly hurting consumers, corporate profits are indirectly helping them. Moreover, the rosy corporate situation seems to be a leading cause of the increase in consumer spending. Stock portfolios are in relatively strong shape. Even as home prices fell in the third quarter, and homeowners saw the stake they can claim in their most valuable asset erode by 2 percentage points, the net worth of households increased 2.2 percent, according to recent data from the Federal Reserve . As the S&P 500 increased 9.6 percent during the third quarter, the gain in household wealth came almost entirely from the stock market. Americans’ stock portfolios have made them relatively optimistic, even as home values slide, said Christopher, the IHS Global Insight economist. Consumer sentiment increased this month to reach its highest level since June, according to a Thursday release from Reuters and the University of Michigan. If home price declines seem obscure to some consumers, stock market gains are relatively easy to perceive. “You know almost on a daily basis what your stock market holdings are,” Christopher said. “With housing, you don’t know how to respond to it exactly.” Further, stock gains are helping to offset losses of income and home value, said Bernard Baumohl, chief global economist for the Economic Outlook Group. “Americans are in a much better position to spend again,” Baumohl said, adding that as consumers take on more debt, they are doing so responsibly, in keeping with their income. “Households have certainly been taught a lesson,” he said. Other economists cautioned that a strong recovery is still far off. Christopher called the unemployment crisis an “extreme drag.” Kahn said the housing market is “dead in the water.” Aaron Smith, an economist at Moody’s Analytics, said the recovery has yet to achieve “escape velocity.”

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Video: Brian Nagel Says `Well Off’ U.S. Consumer Is Coming Back

December 23, 2010

Dec. 23 (Bloomberg) — Brian Nagel, an analyst at Oppenheimer & Co., talks about the outlook for luxury retailers. He speaks with Emily Chang and Matt Miller on Bloomberg Television’s “Street Smart.” (Source: Bloomberg)

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Video: Sowerby Recommends Liberty Media Interactive, El Paso

December 23, 2010

Dec. 23 (Bloomberg) — David Sowerby, a money manager at Loomis Sayles & Co., and Ira Epstein, president of the Ira Epstein division of the Linn Group Inc., talk about their investment strategies. They speak with Matt Miller, Emily Chang and Adam Johnson on Bloomberg Television’s “Street Smart.” (Source: Bloomberg)

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Robert Lenzner: Obama’s Surprise Year End Gift to Wealthy Americans and Their Heirs

December 23, 2010

No one expected the Obama administration to give wealthy Americans the ability to give away, tax free, up to $5 million in 2011 or 2012 to anyone including children, grandchildren or friends. Couples will be able to give away $5 million each or $10 million among as many members of their family as they like. If this extraordinary measure did not exist, wealthy donors would have to pay a gift tax to the federal government and their state of residence for making any cash payment over $1 million, to their heirs. If they take advantage of this opportunity, it means they avoid waiting to see if the $5 million exemption on estate taxes, just passed by Congress, remains in effect — a quite serious risk, when you might have to pay a large percentage of 35-50% to Uncle Sam in the event the $5 million gift tax exemption is ever rolled back. Gifting grandchildren $5 million in early 2011 removes $5 million from your estate and avoids the New York State estate tax of 12-13% after the first $1 million if you leave the $5 million in your estate. By doing so, wealthy Americans avoid taking the risk that some time in the future this tax bill will be revoked and a more stringent limit of the amount subject to exemption from taxes along with a much more punitive levy on inherited wealth be passed. As Schulte Roth & Zabel, a law firm that represents many wealthy individuals and families (including me) trumpets in their “Alert ” of December 21, the new tax legislation significantly changes the federal estate, gift and generation-skipping transfer tax laws for 2010 through 2012 and provides taxpayers with valuable wealth transfer opportunities. Skipping a generation means that assets will be protected for your grandchildren and won’t be taxed in the estate of your children when they die. This ability to protect distant heirs has been a great advantage for wealthy families wishing to protect their capital and see it grow over several generations. Indeed, trust and estate lawyers were not sure until the bill was passed that even the $5 million exemption for estates would remain, as many Democratic legislators were vehemently against raising the exemption from taxes to the $5 million level. The exemption for the remainder of 2010 is only $1 million. Their surprise about the bill’s success was underscored by the unexpected added ability for individuals with assets that have gained in value over the years, to gift them in 10 days to their heirs and grandchildren without paying a cent of taxes. Says Judith E. Siegel-Baum, a partner of Cozen & O’Connor’s Private Client Services Group in New York: “This surprise part of the bill gives individuals with accumulated wealth the ability to pass on assets l that have risen in value to anyone — but especially their children and grandchildren without incurring any gift tax that would reduce the value of he assets.” Schulte Roth & Zabel also underscore that wealthy Americans who wish to create generation-skipping trusts for grandchildren or more distant heirs, have a unique opportunity which may never be available again, to make gifts… in 2010 without incurring any GST tax.” SRZ’s memo urges wealthy individuals to hurry to establish these GST trusts before the close of 2010. A similar ALERT from law firm Cozen O”Connor, also emphasizes that “Gifts made directly to grandchildren (either outright or in trust) in 2010 will not be taxed for GST tax purposes and will not require any use of GST exemption. Therefore, clients who have not used all of their existing gift exemption (still capped at $1,000,000 per donor for 2010) should consider making such gifts.”

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Dov Seidman: Ethical Leadership: An Operating Manual

December 23, 2010

The demand for ethical leadership is growing, yet the supply remains low, as evidenced by the recent credit crisis that sparked the worst global recession since the 1930s. The rising generation of leaders appears equipped merely to navigate rather than to guide. Navigating describes how we naturally react and adapt to an interconnected world while guiding refers to how we forge a sustainable path and build endeavors of sustainable value in an ethically interdependent world. Fortunately, prototypes of ethical leaders exist, thanks in part to professor Elie Wiesel, the Nobel Peace Prize winner whose work through the Elie Wiesel Foundation for Humanity has been churning out models of 21st century leadership for more than 20 years. Before I say more about Wiesel’s organization, I want to talk about ethical leadership. In response to the financial crisis, many leaders are rethinking notions about the source of competitive advantage, which increasingly comes from how we behave rather than what we produce. We are rethinking how we lead, by placing less emphasis on carrots and sticks and more on inspiration, and putting humanity at the center of our organizations. These efforts, if they are to succeed, require ethical leadership, which inspires the behaviors in people necessary to create competitive advantage. Ethical leaders distinguish themselves by doing that which is inconvenient, unpopular, and even temporarily unprofitable in the service of long-term health and value. They view the world as interconnected and develop multidisciplinary solutions to address complex problems that crop up every day. Rather than automatically extending payment terms to a supplier during economic busts, for example, ethical leaders consider the financial stability of the supplier, potential negative impacts to the supplier (as well as to the supplier’s employees and its suppliers-and to the company itself) if payment terms are elongated. Ethical leaders also consider other solutions (e.g., sharing best practices with suppliers) that may require an investment but generate more value over the long term. Ethical leaders extend trust to their workers, creating the conditions necessary to empower employees, suppliers, and even customers to take the risks necessary to create game-changing innovations. The Ritz-Carlton’s leadership team allows each employee to spend up to $2,000 to address customer issues at his or her own discretion (an example I will expand upon in my next column). What’s more, ethical leadership is a renewable human resource and, for this reason, represents one of the most efficient and practical assets an organization can put to use. Essay Competition The hopeful news is that exemplars of ethical leadership exist today. For the past 20 years the Elie Wiesel Foundation has awarded its Prize in Ethics , a competition that rewards college students in the U.S. for viewing human endeavor through an ethical lens. The best of their essays are featured in a new book, “Ethical Compass: Coming of Age in the 21st Century” (Yale University Press). Wiesel created the contest to connect with people at the most formative time of their lives. My company, LRN, is the foundation’s exclusive corporate sponsor of the prize. We joined together because we shared a belief that to solve some of the world’s biggest problems, we need to help young people embrace a new perspective for being “other regarding.” The prize is designed to help future leaders develop the skills needed to become great human beings (or guides) and not just “human doings” (or navigators). And the foundation has “quietly operated as an incubator of talent and innovation that would rival Google, Intel and any other Silicon Valley company,” New York Times columnist Thomas Friedman notes in the book’s foreword. “But unlike the technology icons pumping out next-generation hardware and software, for the past twenty years, Professor Wiesel has been hard at work trying to improve our human operating system by inspiring the next generation of ethical leaders.” Ethical Voices Here is how the future of ethical leadership looks. “One should not ask, ‘Is this the wrong thing to do?’ ” writes 1997 Prize in Ethics winner Mark Reed, “but, ‘Is it the right thing to do?’ ” By asking the first question, people immediately turn to policies and rules, and then venture no further. They adhere to the rule, fudge it, or simply ignore it. The second question carries a challenge with the potential to fuel great innovation. If this is not the right thing to do, what other process, product, idea, relationship, or people might we tap to achieve this same objective? In her effort, 1992 winner Kimlyn Bender examines the metaphorical “masks” we humans use to free ourselves from an innate drive to behave ethically in order to commit immoral acts. “The challenge of ethics today,” she writes, “is to focus not on the masks, but on the individuals behind them and to reawaken within the individual a renewed sensitivity to the moral conscience, bringing every area of life and action under its guidance.” Zohar Atkins, who won in 2009, frames our responsibility as global citizens. “We are responsible both for being who we are and becoming who we ought to be,” Atkins writes. “Our challenge takes many forms: … to philosophize, question, and critique, and to act, answer, and take a stand.” How do we execute our mission? “The answer is love,” Atkins argues. “… for to love is to say: ‘I am not the master of the world. I am incomplete, in need of another.’ ” We are “in need of another” because our decisions and actions affect so many others in our interconnected world. Hence we need future leaders who are “other regarding,” as Wiesel puts it. In his foreword, he asks, “Have we taught [young people] to develop an ethical compass within?” The 2007 winner, Magogodi Makhene, makes this argument in more compelling terms when she writes, “My humanity is inextricably linked to yours and unless I acknowledge your humanity in defining my own, I will never realize the highest summits of human experience.” Makhene was writing about her “tear-gassed childhood” in South Africa during the last throes of apartheid. However, her insights can be applied to the decision-making process nearly every 21st century leader conducts. No country, company, or individual will scale the summits of human endeavor unless we recognize our inextricable and moral interconnectedness to the rest of humanity and start behaving, and leading, in what Elie Wiesel describes as a “society yearning for guidance and eager to hear ethical voices.” * This story appeared in, and was written for, Bloomberg Businessweek .

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Video: Jersey Says 10-Year Treasury Yield May Decrease to 3%

December 23, 2010

Dec. 23 (Bloomberg) — Ira Jersey, director of U.S. interest-rate strategy at Credit Suisse Securities, talks about the outlook for the U.S. bond market. He speaks with Julie Hyman on Bloomberg Television’s “Fast Forward.” (Source: Bloomberg)

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Video: Gaidamaka Says Oil at $80-$95 a Barrel `Quite Likely’

December 23, 2010

Dec. 23 (Bloomberg) — Andrei Gaidamaka, director of strategic development at OAO Lukoil, talks about the outlook for growth and the price of crude oil. Gaidamaka talks with Lisa Murphy on Bloomberg Television’s “Fast Forward.” (Source: Bloomberg)

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Consumer Spending Back Normal? Not So Fast

December 23, 2010

NEW YORK (Reuters) – As U.S. retailers get ready to box up their Christmas decorations after a better-than-expected holiday season, many shoppers plan to join them by putting their wallets back in storage. Consumers hit stores in droves this year and are feeling better about their prospects. But they still confront bleak job prospects and still are trying to pay down their hefty debt loads. That sets the stage for a “spending diet” come January, which could weigh on U.S. economic growth, since consumer spending accounts for 70 percent of the U.S. economy. If gasoline prices — back above $3 a gallon this week even before crude oil hit two-year year highs — continue to rise in 2011, the spending squeeze could be even steeper. “At this point I refuse to put anything on credit. If I don’t have the money, I don’t buy it,” said Jeff McErlain, a Brooklyn, New York, musician shopping at upscale department store Saks on Manhattan’s Fifth Avenue on Wednesday. He plans to remain thrifty in the coming months, a sentiment echoed by other U.S. consumers. “I have to contain myself, because I am not working as much,” said Abdiel Munoz, a New York-based freelance photographer. The strong start to the holiday season in late November reflected pent-up demand after two weak Christmas seasons, plus attractive deals designed to lure shoppers. It did not signal a return to frenzied spending, analysts and shoppers said. “They put off purchases and they want to spend a little bit more,” said Moody’s Analytics chief economist Mark Zandi. But shoppers are not returning to the “high spending, high borrowing” seen during the boom, he said. The result is likely to be pronounced lulls between the two major shopping seasons — back-to-school in late summer and the five weeks leading up to Christmas. Consumer confidence certainly is improving. The University of Michigan’s Consumer Sentiment Index for December reached its highest level in six months, and personal income edged upward in October and November, supporting the fifth straight monthly gain in U.S. consumer spending, according to data released on Thursday. But an unemployment rate at 9.8 percent and roughly 15 million Americans out of work, not to mention millions more working part-time who would prefer a full-time job, bodes ill for a robust recovery in spending. Households, moreover, remain focused on deleveraging, which further constrains the outlook. Consumers for 24 months in a row have been paying down mortgage and other debt, which reached record levels before the 2007-2008 recession. By the end of September, they had paid off $922 billion in debt since the third quarter of 2008, but they still have $11.6 trillion outstanding, according to the New York Federal Reserve. This was money that previously had supported consumer-driven growth. PENNEY’S VS WAL-MART Top U.S. retailers this month reported that November sales at stores in business for at least one year rose by 6 percent from the same month a year ago, far above the 3.6 percent forecast. The robust sales have lifted consumer stocks this year. The S&P Retail Index hit a 3 1-2 year high in early December and has rallied 24.7 percent in 2010, almost twice the pace of overall gains in the Standard and Poor’s 500 Index. Wall Street analysts are expecting December comparable sales to be a little more muted, up 3.6 percent led by discounters and department stores, according to Thomson Reuters. J.C. Penney Co Inc is one of the retailers aggressively courting consumers. It has kept up a steady pace of promotions and ramped up mobile applications that help shoppers download coupons remotely. It has even run out of items such as its popular St. John’s Bay cashmere-blend women’s pea coats at some stores. “Price is still very important, but at the same time we’re seeing them look for more exciting gifts,” said Liz Sweney, Penney’s co-chief merchant. Penney’s strategy has proven effective. A survey done last week by America’s Research Group and UBS found Penney saw a big rise in visits from shoppers, while Wal-Mart Stores Inc faltered. The National Retail Federation recently raised its outlook for holiday sales by 1 percentage point to a gain of 3.3 percent from a year ago. But that would still leave retail sales at $451.4 billion during November and December, not quite back to the $452.8 billion level in 2007, before the financial market meltdown. “When jobs come back, that’s when spending comes back,” said FBR Capital Markets analyst Liz Dunn. BARGAIN HUNTING HERE TO STAY The season’s fast start was propelled by deals and heavy promotions that experts say will remain a fixture in 2011. “The consumer has been trained to expect that a great deal is coming, so there’s no need to buy today,” said David Bassuk, who leads AlixPartners’ global retail practice. Many investors are betting on both the high and low end of the retail spectrum this year, seeing that the American consumer is feeling a little more confident but still needs a bargain. Luxury companies such as Coach Inc and Tiffany & Co which never slashed prices will have an easier time in 2011, analysts said. Off-price retailers TJX Cos Inc and Ross Stores and their competitors will also continue to do well. “Shoppers still want brand names, they just want them at a low price,” said Nomura Securities analyst Paul Lejuez. U.S. savings as a percentage of disposable income continues well above 5 percent, compared with the sub-2 percent savings rate in 2005, when Americans were tapping home equity loans to go shop. That rate is in line with levels in the 1990s before the credit explosion. U.S. families have paid down a lot of their household debt. J.P. Morgan analyst Michael Feroli said in a note to clients on Friday, but warned that that “will continue for many years.” Sherriae Saunders, a homemaker shopping at a Penney store in New York, said paying down debt is an “absolute priority” in 2011. (Reporting by Phil Wahba and Dhanya Skariachan; additional reporting by Jon Lentz, editing by Matthew Lewis)

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Video: Gaffney Says European Bonds Have Long-Term `Opportunity’

December 23, 2010

Dec. 23 (Bloomberg) — Kathleen Gaffney, vice president and money manager at Loomis Sayles & Co., talks about her investment strategy. She speaks with Lisa Murphy on Bloomberg Television’s “Fast Forward.” (Source: Bloomberg)

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Surreal And Adorable: ‘Nutcracker’ Cast Visits NYSE (PHOTOS)

December 23, 2010

Performers from The New York City Ballet’s The Nutcracker visited the New York Stock Exchange on Thursday. In honor of its 56 anniversary on Broadway, the cast, decked out in full holiday regalia (including the wood-headed Nutcracker himself) rang the opening bell at the beginning of the trading day. It was a surreal sight. Lithe ballerinas twisted on the trading floor while traders schooled the tiny cast members in the intricacies of the economy. Adorable, indeed. George Balanchine’s The Nutcracker runs through January 2, 2011 at Manhattan’s David H. Koch Theater at Lincoln Center.

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Obama To Renominate Nobel-Prize Winning Economist To Fed

December 23, 2010

WASHINGTON — President Barack Obama will resubmit the failed nomination of a Nobel Prize-winning economist to the Federal Reserve, even though he faces even stronger opposition from the next Congress. The nomination of Peter Diamond fizzled when the Senate adjourned Wednesday without acting on it. But the White House said Thursday that the president will press ahead on the nomination. Diamond, a professor at the Massachusetts Institute of Technology, is an authority on Social Security, pensions and taxation. He shared the Nobel Prize in economics that was awarded in October. But Senate Republicans have opposed his nomination, questioning his practical experience and research. Republicans will hold six additional seats in the next Senate, making Diamond’s confirmation even more difficult. The Fed often operates with vacancies on its board. The board has seven seats but hasn’t had every seat filled since 2006. Chairman Ben Bernanke and the board’s other members belong to the Fed’s main policymaking group, the Federal Open Market Committee. The committee sets interest rates and makes other policies that influence economic growth, employment and inflation. The Senate Banking Committee had approved Diamond’s nomination in November and sent it to the Senate for consideration. It was the panel’s second attempt to overcome Republican opposition. Obama struggled to get Bernanke himself confirmed to a second term in the last Congress. Bernanke, a Republican, faced a backlash over the Fed’s role in bailing out Wall Street firms during the financial crisis. That angered ordinary Americans and stirred a wave of Senate opposition. Bernanke was ultimately confirmed by a 70-30 vote. It was the slimmest margin ever for a Fed chairman.

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Video: Comcast Deal May Hang on Showing Rivals’ Online Video

December 23, 2010

Dec. 23 (Bloomberg) — Bloomberg’s Todd Shields reports on proposed conditions outlined by the U.S. Federal Communications Commission for Comcast Corp. to win approval from regulators to buy NBC Universal. The conditions are among recommendations FCC Chairman Julius Genachowski sent to fellow commissioners, agency officials said during a telephone news conference in Washington. Shields speaks with Lisa Murphy on Bloomberg Television’s “Fast Forward.” (Source: Bloomberg)

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Anna Cuevas: Hope For Homeowners: HAMP Trials and HAMP Tribulations

December 23, 2010

Meet Carla Carla is a social worker for Children’s Services. She was making a decent income while she did her part to help the children of her county. She did not buy a home above her means. The downturn in the economy caused furloughs in California and a loss of income for Carla who now also had to care for an additional family member in her household who came with unexpected health expenses. Not many people are immune to the financial hardships that the state of the current economy has brought on. Carla tried desperately to hang on as her savings dwindled to nothing, she had to dip into it just to stay afloat and try to maintain her, then perfect, credit rating. Now this too is gone. It’s July 2009, Carla was excited after several months of trying to get a HAMP loan modification and she was approved for a trial payment with Wells Fargo. One trial payment later and she gets a telephone call that says they made a mistake in calculating her income and now the payment was approximately $1000 higher than the trial agreement specified, “sorry,” was all they could offer up in the empathy department. Carla was devastated, there was no way she could afford this on her reduced income and it was definitely not 31% of what her gross income was, as the HAMP program guidelines specify. You see, they were using her previous income in the new calculations vs the new reduced income that caused the hardship. It would take over a full year to get someone to listen to the errors that were made and get the problem resolved. In September of 2009, after one trial payment was made and the next one was due with the new higher incorrect amount, Carla was able to finally get someone to listen to her story. This feat took dozens of phone calls, several emails and overnight letters but she finally got someone to listen rationally to the facts and once again she was ecstatic to receive a revised and corrected trial payment which came in December of 2009. Fast forward to June, 2010, after the HAMP trial went on for 6 months, the permanent loan modification arrived and low and behold it was back up to the incorrect amount, approximately $1000 over what the HAMP trial payment was, the same inaccurate calculation, the one that set this whole HAMP tribulation off in the first place. Could you imagine her dismay, her disappointment and massive frustration. It took some coaxing to get Carla off of the proverbial HAMP ledge she had been perched on, for a full year, at this point. She had to learn how to take deep breaths. The key here was in knowing what the correct payment was supposed to be, knowing that it still should qualify. Then she had to push and escalate this until someone would finally listen to her and fix the inaccuracies. Don’t get me wrong, this could take some time, the road is long, and it will most definitely cause, not a little, but large amounts of frustration. Still it is not impossible. I am not saying this is for the faint of heart, but I do believe in fighting for what is right, as long as you know what is right, and are ready to back up your fight with accurate facts and go the distance. I encouraged Carla that she could do this, to keep her faith and belief that she was fighting for her home and it was a worthy cause. There was no way she could keep her home if the error was not fixed. The values had dropped over 40% in her city, many of the neighborhoods had begun to look like ghost towns reminiscent of the gold rush days in California. However, this was Carla’s home and she was determined to save her home. Carla pressed on, this time taking this on as a challenge, the fight of her life to save her home from a needless foreclosure to do the errors caused by the massive workload experienced during this foreclosure crisis, and it is evident that there is a clear breakdown within the HAMP processing factory at many of our nations mortgage servicers. Carla, is not the only person going through this sort of issue and so many other inaccuracies. Carla is one of thousands upon thousands of homeowners suffering through this painstaking process. Some people are lucky and have smooth sailing, many others, are not quite so lucky. The next battle for justice began immediately after reviewing the permanent HAMP modification and finding that the payment given was completely inaccurate and it was not acceptable. Carla informed the processors of her HAMP permanent modification only to be told that if she did not accept this that she would not be able to reapply for HAMP. I think most people would have either accepted this inaccurate HAMP modification at this point, even if they could not afford it, or they would raise their white flag and give up. In fact, I am positive that this is something that happens on a daily basis because people are scared of losing their homes and they also believe that their servicer, their bank of many years would never intentionally steer them wrong or hurt them, so this must be their only option, take it or leave it. Carla chose to question authority, fight on, and fight hard. Carla fought with every ounce of strength with a sense of determination and belief that she would make it happen. Let me tell you, it was not an easy fight. This was a battle that was escalated at every level upon receiving the inaccurate HAMP loan modification in June of 2010 and this fight continued, upper level upon upper level, each department declining her request for the loan modification, saying that Carlas did not make enough to cover her debts. This even when the inaccurate HAMP approval was inaccurate because they had used an inflated income figure. This is why it is of utmost importance to know your numbers inside and out. When you are empowered with the right information you are able to push back at all levels with the confidence of knowing your stuff, in many cases, more than anyone else does. You see, what happened is that after Carla pushed back on the inaccurate HAMP modification, her loan was flagged as if she did not accept the HAMP modification vs that she just wanted an accurate approval. Now every escalation attempt, regardless of her explanation, her file was never re-ran for the HAMP program. They kept running Carlas loan for other programs and turning her down based off of other calculations, when all along Carla qualified for the HAMP loan modification, and that is what she was trying to get them to see. She knew something was wrong because she had the figures in front of her and could see that there was no way she did not make enough to qualify for HAMP. After several executive level escalations, and hitting several walls, contact was made with Freddie Mac her loan’s investor and she was able to get someone to hear all the facts, they understood her initial request to fix the inaccuracies, and her file was re-run for HAMP. I am proud to say that on December 20, 2010 and over one year and a half of going through the HAMP trials and HAMP tribulations, Carla got her Christmas miracle and was approved for an accurate HAMP permanent modification, and she is going to get to keep her home. Get empowered, get knowledgeable about your situation and all of your options. Question authority and expect only miracles! **** Anna Cuevas is an invited blogger on The Huffington Post, author of several soon to be published books and the Founder of www.askaloanmodguru.com a blog dedicated to empowering homeowners with free information they need to confidently apply for a loan modification and also providing the latest Do It Yourself tools to Save Your Home. Request your free copy of Dirty Little Loan Modification Secrets You Must Know along with free bonus materials that take the guess work out of the loan modification process to stop your foreclosure dead in it’s tracks. 


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