Monday, September 29, 2008

UPDATE: Emergency Economic Stabilization Act

Well, it was shot down 228-205 votes with the majority of Republicans voting against and the majority of the democrats voting for. Where does this leave us know? For one, stock market, get your act together and stop falling. Banks get completely honest with regulators so you can get assistance or get bought up.

Looking for a loan? You better have great credit and some savings, don't count on home equity lines of credit or credit cards with lots of available cash for large purchases, you may be in for a rude awakening when you go to use them.

Where does this leave the president and the presenditial election, well that's up to you. Get informed, and get voting! It's only 35 days away.

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City of Phoenix to get $39.4M to aid Foreclosures

The high foreclosure rate the city of Phoenix is seeing has prompted the Federal Government to provide a grant of $39.4M. Refer to the following arcticle to get some generalities about how the funds will be allocated.

http://www.azcentral.com/news/articles/2008/09/29/20080929phxgrant0929.html


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Emergency Economic Stabilization Act of 2008

The following information provided by Jeff Rodvien, Oppenheimer & Co.(NY) 98000/200/BAILOUT/Troubled.Asset.Relief.Program.summary.as.of.9.28.08.revised.doc 09/28/08 11:17 PM
September 28, 2008
Summary of Troubled Asset Relief Program
The Emergency Economic Stabilization Act of 2008 (the “Act”) provides the Treasury
Secretary with the authority to restore liquidity and stability to the U.S. financial system
and to ensure the economic well-being of Americans. As part of this authority, the
Treasury Secretary is authorized to establish a troubled asset relief program (“TARP”) to
purchase troubled assets from financial institutions under the terms of the Act.
I. Taxpayer Protection Provisions
• Funds Released in Tranches – TARP’s initial $250 billion will be immediately
available. Presidential certification to Congress will be required for the next $100
billion. The remaining $350 billion may be made available after the President
transmits a written report to Congress detailing the Treasury Secretary’s plan to
exercise the remaining authority. Congress must vote to disapprove.
• Insurance of Troubled Assets – The Secretary must establish a program to
guarantee troubled assets in amounts not greater than 100% of the amount of the
payment of principal and interest on the troubled assets. Premiums to be paid by
the financial industry. The details of the program are left to the Secretary’s
discretion.
• Warrants – The Secretary may not purchase troubled assets unless it receives from
the financial institution:
• For listed public companies – a warrant for voting, nonvoting stock or
preferred stock. The secretary must agree not to exercise voting power if it
takes voting stock but such voting power could be exercised by someone
who purchases from Treasury. The warrant must provide the government
with reasonable participation in equity appreciation and provide additional
protection against loss in the sale of the assets. Exercise and type of upside
is set by the Secretary “in the interests of the taxpayers.”
• Anti-dilution provisions must be included.
• For non-listed companies A warrant for common or preferred stock or a
senior debt instrument with a “reasonable interest rate premium.”
• No warrants required for purchases of less than $100M for the duration of
the program.
(NY) 98000/200/BAILOUT/Troubled.Asset.Relief.Program.summary.as.of.9.28.08.revised.doc 09/28/08 11:17 PM
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• The final provisions give significantly more discretion to the Treasury.
• The substantial majority of the technical changes suggested by SIFMA and
Davis Polk & Wardwell late this afternoon were accepted in the proposed
legislation improving the effectiveness of the warrant provisions.
• Pricing and Auction Mechanisms. The Secretary is required to use market
mechanisms for purchases wherever possible and to maximize the efficiency of
taxpayer resources with auctions or reverse auctions. The mechanics of pricing are
left to the discretion of the Secretary although the Treasury is required to publish
program guidelines on this and other areas on an expedited basis. The guidelines
must be out within 2 business days of the first purchase or, at the latest, 45 days
after enactment.
• Recoupment of Taxpayer Losses – Five years after the date of enactment, OMB
will report to Congress on the TARP’s net gain or loss. If the program is running a
shortfall, the President will be required to submit a legislative proposal to Congress
that recoups for taxpayers the amount of the shortfall from the financial industry.
• Exchange Stabilization Fund Reimbursements – Treasury must reimburse the
Exchange Stabilization Fund for any funds used for the temporary guaranty
program for money market funds. Treasury cannot use the Fund for future
guaranty programs for money market funds.
II. Limits on Executive Compensation
• Direct Purchases – For financial institutions that participate in direct purchases,
the executive compensation limits include: prohibitions on senior executive officer
compensation that encourages unnecessary risk-taking; claw-back of bonuses paid
to senior executive officers based on statements of earnings that prove to be
materially inaccurate; and a ban on golden parachutes paid while Treasury holds an
equity or debt position in the financial institution.
• For direct purchases, the Secretary also retains significant discretion to
impose heightened corporate governance requirements – though the
standards are undefined.
• Auction Participants - The executive compensation limits are triggered by
purchased assets in an aggregate amount exceeding $300 million. When Treasury
buys assets at auction, an institution that has sold more than $300 million in assets
is subject to tax deduction limits for compensation limits above $500,000 paid to
“covered” employees as well as disallowance for certain severance payments on
which certain senior executives are subject to a non-deductible 20% excise tax. In
addition the institution is also prohibited from providing, in any new employment
(NY) 98000/200/BAILOUT/Troubled.Asset.Relief.Program.summary.as.of.9.28.08.revised.doc 09/28/08 11:17 PM
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contract, for a golden parachute in the event of involuntary termination, bankruptcy,
insolvency, or receivership. Further guidance will be issued by Treasury.
III. Independent Oversight and Transparency
• Oversight Board – Composed of (1) chairman of the Federal Reserve Board, (2)
chairman of the SEC, (3) director of the Federal Home Finance Agency, (4)
secretary of HUD, and (5) Treasury Secretary. The private sector appointees by
Congress from prior drafts have been dropped. The Board has authority to review
the exercise of authority under the program; make recommendations; report any
suspected fraud or malfeasance to the Inspector General; and ensure the policies
implemented are consistent with protecting taxpayers and the economic interests of
the U.S. The possibility of the Board intervening directly to prohibit or limit the
Secretary’s actions has been dropped and the oversight is more on a policy level.
• Special Inspector General – New independent Inspector General to monitor the
Treasury Secretary’s decisions. Inspector Generals exist in most administrative
agencies and usually perform an audit like function.
• Reports – The Secretary must make various reports to Congress, including tranche
reports and a regulatory modernization report.
• GAO Oversight and Audits – The legislation mandates a GAO presence at
Treasury to oversee the program and conduct audits to ensure strong internal
controls and prevent fraud, waste and abuse. It will also include a study to
determine the extent to which leverage was a factor behind the current financial
crisis.
• Transparency – The legislation also requires the online posting of a description,
amounts, and pricing of assets acquired under the Act within 2 business days of
purchase, trade, or other disposition.
• Judicial Review – The standard for judicial review is limited to arbitrary,
capricious, abuse of discretion or not in accordance with law. No injunctions
permitted related to purchases of assets, insurance program, management and sale
of foreclosure mitigation efforts. Any other injunctions must be considered on an
expedited basis. No suits by any financial institution seller unless permitted in the
contract with Treasury.
• Regulatory. Requires that the Treasury Secretary implement guidelines and
regulations in multiple areas including reports, pricing mechanisms and conflicts of
interest.
(NY) 98000/200/BAILOUT/Troubled.Asset.Relief.Program.summary.as.of.9.28.08.revised.doc 09/28/08 11:17 PM
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IV. Home Foreclosure Mitigation
• Tax Relief for Certain Homeowners – Under current law, forgiven mortgage debt
is not subject to tax through December 31, 2009. The bill extends this tax relief for
three years through December 31, 2012.
• Assistance to Homeowners – Requires the FHA, Federal Reserve, and FDIC to
adopt a systematic approach to preventing foreclosure and encourage loan servicers
to engage in loan modifications.
V. Miscellaneous
• Definition of Troubled Assets –Includes all mortgage related assets originated
before March 14, 2008 and, after consultation with the Chairman of the Federal
Reserve Board, any other financial asset that the Secretary determines is necessary
for financial stability. For the broader financial assets to apply, Congress must be
notified in writing.
• Definition of Financial Institution – It currently covers any institution, including,
but not limited to, any bank, savings association, credit union, security broker or
dealer, or insurance company established and regulated under the laws of the U.S.
or any state and having significant operations in the U.S. This covers branches
and agencies of foreign banks. It does not on its face cover affiliates of covered
institutions, the “including but not limited” will give the Secretary the power to
define covered institutions in rules and guideline.
• Suspension of Mark-to-Market Accounting – Reaffirms SEC authority to
suspend the application of mark-to-market accounting rules with respect to any
company.
• Public Disclosure – For any financial institution that sells troubled assets, the
Treasury Secretary determines whether the public disclosure with respect to
derivatives, contingent liabilities and off-balance sheet transaction is adequate to
inform the public of the true financial condition of the financial institution. If not,
the Secretary will make additional disclosure requirements to the relevant
regulators which includes the SEC, the OCC and the OTS.
• Community Bank Relief – Community banks that sell Fannie and Freddie
preferred stock could treat the gains and losses as ordinary income instead of
capital gains. As a result, any losses could be used to offset ordinary income for tax
purposes.
(NY) 98000/200/BAILOUT/Troubled.Asset.Relief.Program.summary.as.of.9.28.08.revised.doc 09/28/08 11:17 PM
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Prior Draft Provisions That Were Dropped:
• Bankruptcy cram-down
• Program will not divert revenues to any of the housing funds
• Program will not make foreclosed properties available at a discount to state and
local governments receiving emergency assistance
• The “say on pay” requirement is dropped
If you would like further information or wish to discuss any of the points raised
above, please contact Richard Hunt (rhunt@sifma.org), Scott DeFife
(sdefife@sifma.org) or any other member of SIFMA’s staff (202-962-7300).
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Sunday, September 28, 2008

Still Funny in the Morning...

Tina was back doing her funniest Palin on Saturday, she met Bono-the king of Ireland!



And if you missed the real interview, you can catch it on cbs.com



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Dress of the Week


Black Halo-Royal Greek Goddess dress, if you can't be a goddess in Greece, at least you can look like one. This dress is available at ChickDowntown.com, $370


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Shoes of the Week



Jimmy Choo-Glint peep toe booties with stud detail, totally 80's...Love them!

Available for pre-order at saks.com, $995.00


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Wednesday, September 24, 2008

Don't ya love YouTube



A few year old video, from my sister's phone she was able to upload and send to me through YouTube. So cute!
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Light the Night-Join Chloe's Team




http://www.active.com/donate/ltnPhoeni/2273_RebeccaOBrien Please make a donation towards a great cause._______________________________________________

Free Admission to a Disney Park on your B-Day

Here we are on the new Nemo ride...
and here's Keeley and Carter in Pooh's Corner.



If you're like me and my family, you love Disneyland, and you'll love it even more if it's free. This offer is only good for 2009. You must pre-register, using the link below.



http://disneyparks.disney.go.com/disneyparks/en_US/WhatWillYouCelebrate/index?name=FreeOnYourBirthdayPage



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Monday, September 22, 2008

Totally disturbing video



I saw this on another blog this morning, the one who's name we do not speak and who we hope never to see our daughter's pictures on.

What were the parent's thinking? Is this some kind of training ritual, is that thing poisonous? My four year old kept jumping away and screaming, and I think I might have snake nightmares tonight.

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Sunday, September 21, 2008

Saelee Oh how I love your work!


One of my favorite artists, Saelee Oh has come out with a collection of tiny prints available exclusivelly at tiny showcase.

T-shirts available at Upper Playground.


To see Saelee's amazing work go to SaeleeOh.com


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Dress of the Week

I hate myself for loving this Lauren Conrad Collection dress. It's available at shopbop.com
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Shoes of the Week

Diane Von Furstenburg, Marlene, available in black suede with red heels and soles or gray suede with red heels and soles. Question is red or gray? Yeah, I know...BOTH.



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What's for dinner?


Fish Taco Platter, recipe on Epicurious.com. Add rice and or beans, some chips for an appetizer and premium vanilla ice cream with a drizzle of cinnamon syrup. YUM!




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Tips for renters in the foreclosure crunch

Lots of unsuspecting renters have been forced out of the home they have a leasehold on because they didn't do a simple thing: Investigate the people they are renting from. Its public information people. They look into your background, you need to do the same, and I cannot stress enough the importance of landlords and tenants reading the AZ landlord tenant act.



Tips for renters provided by AZCentral.com:

Renters who have experienced foreclosure offer these tips and signs to keep tenants alert to possible foreclosures.
• Check out the mail: While it is illegal to open other people's mail, keep an eye out for letters that appear to be billing notices for late payments. This can include homeowners' association fees, utility bills and mortgage bills. If the owner isn't paying those bills, he or she may not be paying the mortgage.
• See what the county assessor says: Look to see if the owner has kept up with paying property taxes. If you've been dealing with a property manager, you can find out information about who owns the home, if the owner has more than one property and if foreclosures are pending on any of the properties. Many renters experiencing foreclosure evictions have found their landlords own more than one property.
• Look for credentials: Pete TeKampe with the Arizona Multihousing Association suggests tenants rent from professional property-management companies that are licensed and members of the AMA. "It's not a guarantee, but it's another layer of protection," he said.

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Tuesday, September 16, 2008

Walking With Dinosaurs




Life-size animatronic dinosaurs at US Airways center on Sunday. They were truly amazing. The Baby T-Rex was the hit of the show!


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Buy your auction tix!

Desert Canyon Elementary families, buy your tickets to this years auction to be held at Monterra in Westworld. This is the PTO's biggest fund raiser. Come out and show your support! www.dcespto.org
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Short Sale in McDowell Mountain Ranch


Great home in Sienna Canyon, Talavera model built by Coventry/Del Web. 4 bedrooms, game room, loft and office, upstairs jack and jill bath, master and two full baths down, large open kitchen with granite, built-in fridge, formal living and dining rooms.

Backyard has a pool with water feature, play area and patio.

Contact The Cameron Team-Keller Williams High Desert Realty for a private showing.
(480)502-7699

UPDATE: Just reduced, again!!!
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Friday, September 12, 2008

Lunch Run-The Herb Box

What did I throw down my throat on my way around town?

Yummy, Butternut Squash Enchiladas and Mango Lemonade from The Herb Box market on Market Street in DC Ranch. Lots of ladies who lunch were there and I'll return soon for a salad
or entree.
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Monday, September 8, 2008

Dress of the week-Betsey Johnson

Super cute with flats or heels, throw it over your swimsuit, or over leggings, if it ever gets chilly. Available at neimanmarcus.com, or try the Betsey Johnson store at Scottsdale Fashion Square.
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Shoes of the week-Camilla Skovgaard


Wicked and wonderful, perfect for my trip to sin city next month. Get yours at shopbop.com.
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DCES PTO-Auction Night 08

We need sponsors! Get the word out, and ask at least one business you frequent to be a sponsor or for a donation. Contact the PTO for more info!
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