Tuesday, February 1, 2011

arizona divorce lawyer

What is arizona divorce lawyer?

As mentioned yesterday in this blog, The Arizona Court of Appeals recently rendered a decision addressing a very common problem that many Arizonans are facing - a severe downturn in the real estate market. The case, Valento v Valento, and the facts concerning the matter follow.


During the marriage, Husband and Wife (both realtors) acquired multiple properties, including the marital residence. During the marriage, Husband signed a disclaimer deed recognizing that the marital residence was Wife's sole and separate property.

After trial, it was determined that an equitable lien of $200,000 attached to the marital residence.

Husband appealed because he did not agree with the trial court's determination as to the value of the lien imposed upon the marital residence, Wife cross-appealed arguing that no equitable lien should have existed.

Disclaimer Deed; Sole and Separate Property?

Wife's position was that she purchased the marital residence in 2005 for $1.2M, and that she made a down-payment of $560K from her separate funds and mortgaged the remaining $650K. She testified that during the marriage, both parties paid down the principle balance with approximately $200K of community funds. According to Wife, the outstanding mortgage balance at trial was approximately $400K.

Husband however claimed that the lot upon which the marital residence was located was purchased for $384K, which was subject to the disclaimer deed, but that community funds were used to build the home and improve the property. Husband's position was that the property increased in value during the marriage, and stressed that the disclaimer deed he signed only dealt with any "past and present" interest, but not any future interest in the property.

Neither party submitted documentary evidence to support their positions. (The Court of Appeals was not pleased with this, pointing out that it was particularly unusual since both parties were experienced realtors.) As a result, the trial court refused to treat the land purchase and construction as separate transactions, and adopted Wife's position that the marital residence and its property was her sole and separate property. The Court of Appeals agreed finding that the language contained in the disclaimer deed "defined the character of the interest in the entire property, including the house".

Valuation of Marital Residence.

At trial, Husband submitted a year-old appraisal that valued the property at $1.65M. However, he admitted that since the time of the appraisal the real estate market had declined approximately 30%. Husband suggested that the value should be fixed at the appraisal amount, plus the value of subsequent improvements less 30%. According to his theory, the improvements were worth $100K and fair market value of the property was $1.225M -- approximately $15K more than the combined value of the mortgage and down payment.

Wife claimed the property was worth $800K based on comps, and as such, at trial market forces reduced the value by approximately $320K. (Remember, we did say the Arizona real estate market was "severly" depressed!

With that said, the trial court made no determination as to the value of the property after trial. It did however, conclude that there was a community lien based solely upon the reduction of principle from the contribution of community funds. On appeal, Husband contended that the trial court undervalued the community lien; Wife contended that no lien could exist because the property did not appreciate during the marriage.


The Court of Appeals did not agree with Wife that there should be no equitable lien because the property decreased in value during the marriage. The Court of Appeals also found that it was improper for the trial court not to have determined the value of the property at trial so that the value of the community lien could not be made.

The Court then reaffirmed the use of the Barnett formula when separate property depreciates but positive equity remains because "community contributions toward principle have increased equity dollar-for-dollar, and the presence of positive equity means that the owner-spouse can actually realize the benefit conferred by the community". Further, the Court explained "[i]f the community contributions were not recognized in the form of a lien, the owner-spouse would receive a windfall from the community". As a result, the Court rejected Wife's position that a decline in the market value automatically eliminates the community's interest in sole and separate property.

The Court also saw "no reason to deprive the community of the entire value of its contributions when separate property depreciates to the point that the owner-spouse has negative equity -- to the extent that the owner-spouse has received existing value from the community, the community's contributions must be recognized. And, the Court indicated it would be illogical to hold that the community should receive the full benefit of its contributions to principal when a portion of the equity it created can no longer be realized." As a result, the Court held that when equity is negative, the community lien can be valued as follows C - [C/B x D]; where D equals the depreciation in value of the property during marriage; B equals the value of the property on the date of marriage; and C equals community contributions to principal or market value.

To be continued . . .

alicante car in rental

What is alicante car in rental?

High Paying Google Adsense Keywords: Alicante, Spain and how to use it to make money
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Make every click count! Optimize your website for maximun adsense returns.

SEO (search engine optimization) is a hobby of mine. I like to take a brand new website, usually just a one or two page site, and see how rapidly I can get it in google, how high I can get it ranked and optimized for maximum CPC (cost per click) return. And I like to do it all without spending a dime.

The following keywords are related to Alicante, Spain. I don't know why these words have such a high CPC, and I don't care - my interest is in leveraging the high CPC to my own advantage. My website has a page dedicated to (optimized for) Alicante, Spain. When people find that page the google adsense ads that show up there are all related to the high paying keywords. So, whenever the ads are clicked, I benefit from the high CPC.

The keywords I use on the web page optimized for Alicante, Spain are as follows:

High Paying Google Keywords related to Alicante and the estimated CPC (cost per click) as of 2009

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car rentals alicante $18.76

cheapest alicante car hire $22.24

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This is only part of the information you need to actually make money with adsense. People still have to find your website. The best way to allow this to happen, organically, without spending any money on your own adsense campaign, is to use tools like GTrends (a free wordtracker tool).

GTrends will allow you to find a niche that you can use, by telling you how much competition a keyword has and how many searches there are for that keyword. This research can take a little time, but it's worth the effort to find that one keyword that will actually make you some money.

Ideally, you're looking for a keyword that has less than 30,000 competitors and receives at least 100 searches a day. According to GTrends, this makes it possible to get search engine traffic to your site, which, of course, you must have in order to make money. More about that in a minute.

If you type "Alicante" or "Alicante Spain" into the GTrends tool, you'll quickly discover that there are millions of pages optimized for those high paying keywords. You probably can't even make a dent in the stats so don't waste your time trying to optimize for those. Instead, use the GTrends tool to find a niche related to Alicante or Alicante Spain.

GTrends will return the top 100 search results related to your keyword. Click on the colorful bar graph next to any word and it will show you the number of competitors and the number of searches. Again, you're looking for 30,000 or less competitors and 100 or more searches.

Then take the new keyword suggested and run it through the adsense tool. You will need to click on a drop down menu and click on the "Show CPC" for the dollar amounts to show up. That's what you're looking for - how much your new keyword pays per click.

Using these two free tools, and my high paying keyword suggestions, you can find a niche market that you can really use to make money with adsense.

So, create a website or web page that is optimized for your new niche keyword, place your google adsense code on the page and...then what?

Getting indexed in google is the next thing you have to do. If you submit your URL to google, you could be waiting for weeks and weeks, if not months, to find your site in google.

I have discovered, by accident, HOW to get into google within 24 hours. Sometimes it only takes a few hours! I even had a website to get into google in less than 25 minutes!

This is the "secret": Go to, write an article, submit it. Google loves Zimbio and crawls it what must be every few'll get into google FAST. And yes, it's free.

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american relief tax

What is american relief tax?
Kinds of american relief tax?
amount of american relief tax?
Tax Masters is a top supplier of IRS tax relief and representative services with a strong commitment to the consumer. The second quarter of 2010 proved to be better for Tax Master (TAXS.OB) as they increased their total consumer reaction time in contrast to the first quarter of the year 2010. They also experienced a surge of 2 percent in client call volumes simultaneously.

Renee Miller who is the Vice President of Tax Masters service, stated that many of their clients were feeling pressure from the IRS and a few were having liens on their savings accounts and their payroll checks garnished so the company feels the need to react as swiftly as possible to consumer calls. In addition to setting up a phone system, we collaborated with the consumer service team to be sure we were using the best methods that permitted us to react fast and give them the services they required as soon as possible.

It was reported in USA Today and the National Tax Advocate that the greatest trouble consumers have is getting someone to answer the phone at the IRS. The average wait time to answer phones at the IRS was eight minutes back in 2009 and they only responded to 64% of the calls even after this long wait. Tax Masters who handles call volume for the IRS responded to 94% of the customer calls this year and the wait was only 23 seconds in 2010.

Tax Masters can now manage and keep watch on their calls better after the company installed a Cisco Unified Communications call system back in 2009. After the system was set up, during the second quarter of 2010, around 92.3% of existing customers who called Tax Masters waited no longer than 32 seconds to talk with a representative. Quite a great improvement compared to the pre-existing system.

In the proceeding quarter of 2010, 96% of the current Tax Master consumers who phoned IRS Tax Masters service were speaking to a representative in no more than 14 seconds. This equaled a drop in 56 % of wait time as compared to the first quarter in 2010. The increase in response time is specially important since the full quantity of calls from existing customers went up by 2%.

Auto Insurance

What is Auto Insurance Articles?

In nearly every state, at least some form of car coverage is required in order to operate a motor vehicle. This also means that drivers may need to carry proof of insurance with them as they traverse the open roads. Failure to do so can sometimes result in hefty fines such as having ones vehicle impounded, or even possible time spent in jail. Although each state is different, the consequences are often very similar and hardly ever pleasant. Because driving without verification of proper coverage is almost never advisable, automobile owners are encouraged to ensure that their policies are up to date and that the paperwork they keep in their automobile is consistent with their current coverage plan.

Typically, if a person wished to acquire car coverage they would have to wait until their documentation came in the mail, which could prove bothersome for a person who wished to drive before then. Luckily, in today’s modern age many motorists won’t have to deal with the complications of being unable to obtain policy documents in less than a few days. Motorists are now able to quickly and easily acquire instant proof of auto insurance in a matter of minutes by utilizing many of the tools that are offered over the Internet.

automobile law lemon

What is automobile law lemon?

 Laws governing the rights of purchasers of new and used motor vehicles that do not function properly and which have to be returned repeatedly to the dealer for repairs.
Laws in all fifty states and the District of Columbia provide remedies to purchasers of defective new vehicles, often called lemons. These so-called lemon laws protect consumers from substantial defects occurring within a specified period after purchase, and provide that a manufacturer must either replace the lemon with a new, comparable car or refund the full purchase price. According to the consumer advocate group Consumers for Auto Reliability and Safety, automakers repurchase fifty thousand vehicles a year, about .33 percent of the 15 million vehicles sold annually.
California and Connecticut passed the first lemon laws in 1982, in response to dissatisfaction with remedies in state sales laws and the 1975 federal Magnuson-Moss Warranty Act (15 U.S.C.A. § 2301 et seq.). Magnuson-Moss and other laws previously in effect provided remedies for the breach of full warranties, but the automobile industry typically provided only limited warranties. Other states quickly followed California and Connecticut in an effort to provide relief to new-car buyers under limited warranties.
Lemon laws typically provide consumer protection for owners of new cars, trucks, and vans. A significant minority of states also provide coverage for leased vehicles. Many states specify coverage for one year from delivery or for the written warranty period, whichever is shorter; a handful of states mandate coverage for the shorter of two years or twenty-four thousand miles.
Lemon laws cover only substantial defects, meaning defects that substantially impair the use, value, or safety of the vehicle. If a defect is safety related, the manufacturer is usually allowed just one chance to fix it before the owner may invoke the lemon law; if a defect impairs the use or value of a vehicle, the manufacturer is usually permitted three or four attempts to repair it. A consumer may also invoke the law if a vehicle is out of service for a certain number of days because of any combination of substantial defects. The time out of service is cumulative, not consecutive, and ranges from fifteen to forty days. Paint defects, rattles, cosmetic flaws, jumpy suspensions, premature wear of the tires, and the like are not normally considered substantial defects.
The purchaser of a new car typically returns to the dealership to have repair work done. Therefore, the dealer knows that a defect exists. However, lemon laws generally require that the purchaser give the manufacturer written notification of a problem within a specific time frame. The manufacturer then has a final opportunity to repair the vehicle before a lawsuit may be commenced. It has been argued that this notice requirement is unduly burdensome for consumers, who are often unaware of it. Consumer advocates have also argued that such notice is redundant. A substantial defect means that the defect would be covered by the automobile's warranty. If a car requires repair for an item covered by warranty, it is done at no cost to the consumer. The manufacturer reimburses the dealer for the warranty repair; the manufacturer would have notice of the defect when the dealer requests reimbursement from the manufacturer for the repair.
After a consumer invokes the lemon law, the parties arbitrate the matter in an attempt to resolve it. Some statutes provide for a state-run arbitration process. Others provide for arbitration provided by private groups such as the Better Business Bureau, or even a manufacturer-sponsored panel. Arbitration is an informal trial with a panel or individual deciding the matter. Each side tells its story. Mechanics might testify on behalf of either side. Lawyers are not required but may increase a consumer's likelihood of prevailing or settling prior to the arbitration hearing.
According to one report, fewer than 10 percent of the cases handled by a manufacturer-sponsored panel are decided in the consumer's favor. Consumers tend to fare slightly better in cases handled by the Better Business Bureau, and fare best of all under state-run arbitration procedures. An early 1990s survey of three states with state-run arbitration found that consumers were awarded a full refund or replacement car in at least half of the cases. Many states make the arbitrator's decision binding on the manufacturer but not on the consumer.
During arbitration automakers frequently argue that the consumer abused the car or failed to service the vehicle properly, or that the defect does not substantially affect the car's safety or value. For this reason consumers should save all documentation about a vehicle, as well as keep meticulous records of any service problems. One owner of a top-of-the-line luxury car succeeded in arbitration for a whining noise in the air conditioner because an advertising brochure promised that the car would be a soothing and calming haven.
States vary on whether the manufacturer or the consumer chooses the remedy. A lemon owner is entitled to a refund of the vehicle's purchase price, including sales tax, license, and fees, or a new, comparable car — minus a deduction for the value of the owner's use of the lemon. Some states also provide that the manufacturer reimburse the owner's attorneys' fees and costs for bringing the lawsuit.
Used-car purchasers must also be wary of lemons. Once a lemon has been repurchased by the manufacturer, either voluntarily or pursuant to an arbitrator's or judge's decision, scant protections prevent its resale elsewhere. States vary greatly on how much information must be disclosed to subsequent purchasers. Some states require the title of a lemon to carry a notation reflecting the lemon status. The notation varies from "nonconforming vehicle" to "defect substantially impairs use, value, or safety." A handful of states require that buyback stickers be placed on the vehicle. However, enforcement of such requirements is often a low priority for state governments, and enforcement of lemon laws effectively ends at a state's border. In response to complaints about resold lemons, in 1996 the Federal Trade Commission began investigating the possibility of imposing a national standard for the resale of lemons.

Free soft

what is free soft?
How can we download free soft?
Why we want to download free soft?
What kind of soft ware we can download free?

Software solutions arose in the mid 1990s to help companies and lease administrators manage their real estate portfolio and deal with increased government regulations such as Sarbanes Oxley. Software tools include database management, critical date management, lease auditing, expense management, lease accounting and ad-hoc reporting.

Lease Administration Software

What Is Lease Administration Software?

Why we should use it?

What kind of soft available to us?

Lease administration is a department that usually falls under an organization’s real estate department. Lease administration involves, but not limited to: receiving rents from facilities they own and paying rent for the facilities they lease. It has become an integral part of the accounting, administrative, and legal requirements normally associated with a real estate portfolio. Job responsibilities for lease administrators and real estate professionals include: lease review and abstracting, accounting and processing, lease audits, CAM charges, lease renewal options, repairs and maintenance, information management and reporting, occupancy cost analysis, operating expense review, and document storage and maintenance.
Once a lease is in place, lease administrators continue to manage and monitor rental payments, coordinate any tenant alterations, and handle lease amendments when necessary.
Depending on a corporation’s departmental structure, lease administration or lease management can make up just one department under the umbrella of a corporations real estate structure. Other departments may include facilities management, real estate accounting, construction, and property management.
Lease administration can be handled either internally or through outsourcing. The sizes of the organization’s portfolio and the corresponding complexity of creating automated management and accounting systems are factors that influence an organization's decision to perform lease administration in house or to outsource the function.