Saturday, November 27, 2010

Stock Making Money

 


To support a margin compression theory, the article begins by using institutional selling as proof and presents increasing Android market share as an argument. Let’s take a closer look.


 


1. Institutional Selling


The two examples provided (one institution selling and another expressing worry) are insufficient to support the conclusion that big money has started to dump Apple. What’s happening in the aggregate? Might other institutions have initiated positions or increased their holdings? Unless this table (http://www.nasdaq.com/asp/holdings.asp?symbol=AAPL&selected=AAPL&FormType=Institutional) is out of date (It does include Capital Growth Management’s sale.), there is no significant net change in the number of shares held by institutions.


 


Now, one could argue that CGM’s Heebner and FEAM’s Obuchowski are such stellar managers that their opinion warrants special attention. Well, Heebner’s CGM Focus fund is only a two-star Morningstar rated fund (http://finance.yahoo.com/q/pr?s=CGMFX+Profile). Heebner “knows how to count”, as the author writes, I suppose, but he doesn’t know how to outperform; Obuchowski’s FEAM50 (http://www.1empiream.com/FEAM50_Q3%2010.pdf) and APA125 (http://www.1empiream.com/apa.htm) funds have beaten their benchmark. However, he’s expressed concern about holding Apple two years from now. He hasn’t sold yet.


 


The article hence doesn’t provide either quantitative (as the number of shares held has not changed significantly) or qualitative (as no star manager is cited as selling) evidence of big money starting to dump Apple because of margin compression. For the one under performing manager cited for selling, no reason is provided. As a matter of fact, there’s no evidence for net institutional selling of Apple, period.


 


2. Increased Android Market Share


With a 35% profit share in 2009 (http://www.businessinsider.com/chart-of-the-day-revenue-vs-operating-pro...), the hardware industry's highest, hasn’t Apple been successful in the personal computer market? I would say so, and yet it had only captured a 7% market share. How has it accomplished this feat? By offering something different that consumers value at a premium.


 


The author writes: “Jobs also (understandably) failed to mention that the “commodity’ Androids materially outperform the iOS products in terms of features and functionality. This is pretty much in direct contravention to the concept of the term “commodity”, isn’t it???? I don’t think many Samsung Galaxy S, Droid X or HTC Evo owners will characterize their devices as “commodities”.”


 


A product’s characterization as a commodity is not a function of the quality of its features and functionality or user opinions thereof. The Android clones are commodities because there’s fundamentally little difference between them. One might have a bigger screen, another longer battery life, and yet another a thinner form factor, but they all run the same OS and hence offer the same functionality. If an innovative feature proves popular, it can quickly be duplicated. There’s little that sets one phone apart from the other. They are interchangeable. As such, they must compete on price. You might prefer the Galaxy S, but settle for a Droid if its price is sufficiently lower to sway you. Their makers will generate lower profit margins, just like Windows PC makers.


 


The iPhone, on the other hand, offers something different: superior aesthetics, greater ease of use, no bloatware, superior integration with related products (Mac & iPad), a certain prestige, but mainly a distinct OS. It offers the whole package. Its hardware competitors might best or equal some features, but not the whole. If you value this different product, you can only buy from Apple. By maintaining full control of the iPhone experience, Apple prevents it from becoming a commodity like all the Android clones and, so long as it’s able to produce a superior experience on the whole, ensures premium pricing and high profit margins.


 


The author also writes: “…its business model may prove unassailable unless Apple makes some drastic changes (ex. allowing cloning)…”


 


What if Apple did pursue the Google model and licensed its OS? If it allowed iOS clones, it would cannibalize its sales and its margins would be obliterated, as it would lose its main differentiator. Would it be able to keep generating a $238 profit per phone (http://www.asymco.com/2010/10/31/making-it-up-in-volume-how-to-view-unit-profitability-vs-volume-in-handsets/)? In light of the fact that Google is giving Android away, it’s highly unlikely.


 


Android has already won. The battle for market or unit share, that is. Apple will henceforth never sell as many phones. That’s OK because Apple will probably keep generating the lion’s share of profits (http://www.asymco.com/2010/10/30/last-quarter-apple-gained-4-unit-share-22-sales-value-share-and-48-of-profit-share/) by executing a business model proven successful with the Mac.


 


As it reaches critical mass, Google’s model might indeed become unassailable. No other company will beat Google at its game. Apple has chosen to play a different game that might also be unassailable. They’re two different ways to win. Google will attempt to monetize Android through market share dominance, while Apple will maintain its profit share dominance among hardware makers through innovation and differentiation. Apple’s margins will suffer significantly only if it’s unable to keep offering something different, valued at a premium by consumers.


 


In short, the article fails to show an institutional dump of Apple shares. It doesn’t even show that the one (marginally competent) institutional manager mentioned for selling did so because of expected margin compression. Moreover, it is misguided in using Android’s unit share dominance to deduce margin compression at Apple. Apple’s profit margin will only suffer significant compression if it fails in the execution of its business model.


 


To further the analysis, is Google’s licensing model superior to Apple’s integrated model, as many seem to believe? In the personal computer market, Microsoft made money by selling Windows to hardware makers. In the mobile phone market, Google is giving Android away, while planning to monetize market share dominance through services (search and others). The hurdles it faces with this model are not insignificant. Its lack of control over its OS is a liability: witness Verizon’s pre-installation of Bing on some Android phones (http://www.broadbandreports.com/shownews/Verizon-Bing-Wont-Be-Exclusive-On-All-Android-Phones-110294). Its platform is a customizable OS that hardware makers and wireless carriers can tailor to suit their own ends, which may be to Google’s detriment, and they don’t have to pay for it. Its success is far from assured. Might Google be going back to producing its own branded phone because its current strategy is proving difficult to monetize (http://www.engadget.com/2010/11/11/this-is-the-nexus-s/)?


 


Apple, on the other hand, is already monetizing the iPhone. As a matter of fact, it made as much money in Q3 2010 as all other phone makers combined (http://www.asymco.com/2010/10/30/last-quarter-apple-gained-4-unit-share-22-sales-value-share-and-48-of-profit-share/), in spite  of commanding only 4% market share. Apple won both the unit share and profit share battle in MP3 players with the iPod, as no worthy competitor came forth. This is not the case in smart phones with the emergence of Android. Nonetheless, the Mac, with 35% of PC profit share in spite of only 7% market share, has proven that Apple’s model can thrive even in the face of strong competition. 


 


 

Growing up,
I always assumed that people in a position of power or authority got there
based on merit. It never crossed my mind that someone might actually be in
charge of something VERY important like, say, the monetary system, and NOT know
what he or she was doing.



 



After all,
the US has created a system for verifying if you’re an expert or not, hasn’t
it? If you have an advanced degree, especially from a prestigious school, then
you should know what you’re talking about, right? And if you not only graduated
from a prestigious school but actually TAUGHT at one for decades… well then
you’ve GOT to be an expert, right?



 



After all, you literally have been PAID to
study and think for your entire adult life.



 



I only ask
all of this, because according to Fed Chairman Ben Bernanke, the Fed sees
little risk of inflation occurring in the US at this time. This is rather
staggering given that ANYONE with access to the Internet (forget the education
and degree) could gain access to charts that clearly show the US is heading
towards, if not ALREADY IN, an inflationary storm.



 



Below is a
chart of the US Dollar. I got this chart from a research tool called
stockcharts.com. It costs about $180 ($15 per month). However, this same image
can be culled from numerous free sources. So if budgetary restraints forbid
ear-marking $200 for “research” at the Fed, a quick visit to Bigcharts.com or
Yahoo! Finance should do the trick.



 





 



As you can
see, the US Dollar has fallen from about 88 to 76 in the last six months.
That’s a 13% decline… in six months. I
realize this might be hard for those who don’t look at charts too often so I’ve
annotated things so it’s easy to grasp.



 



Now, I DON’T
have a PhD in Economics from Harvard, but it seems pretty obvious to me that
when the currency in which assets are priced loses value, the prices of assets denominated in that currency will
rise… which is inflation.



 



Now if only
there were a tool for visualizing the price of various assets…



 



Surprise!
Stockcharts has this one too! The below chart is for the Jeffries Commodities
index (a basket of commodities or hard assets). As you can see, while the US
Dollar has fallen, these prices have RISEN.



 





 



Of course,
this means that when you lump together ALL commodities, their prices are
generally rising. I realize this is pretty out
there
as far as economic research goes. So let’s try to make things more
concrete and “close to home.”



 



The below
chart shows the price of agricultural commodities over the last year.
Agricultural commodities are things like wheat, soybeans, cotton, orange juice,
and coffee. Human beings use these materials to create things like food and clothing, which they need to survive on Earth.



 





 



As you can
see, the prices of agricultural commodities are rising. Because of this, the
cost of food will… RIIIIIISE. So will
the cost of making clothing. This means humans will have to spend MORE money to
buy the SAME amount of FOOD and CLOTHING... which is innnnnflation.



 



We’ve
already covered a lot of ground in this research, but I’ve saved the best for
last.



 



You see,
there’s one commodity which is VERY important for the US economy. It’s called
oil and it’s used to make our cars go VROOM!  Just as importantly, oil is used by truck companies to ship
food and other goods around the US.



 



I mention
all of this because the price of oil is also… going up!





 



In closing,
I know this research isn’t presented in the usual academic format. As such it
may not be ivy-league material. However, on planet earth, the cost of
commodities is an important gauge for inflation. The same goes for the value of
the US Dollar. If the US Dollar falls
and prices rise, then you are
experiencing inflation.



 



Which, as
the above charts show, we are experiencing NOW. Forget risk of it happening. It
is happening right now. Today.



 



On a closing
note, I know I’ve been as vocal a critic of the Government’s spending as
anyone, but I personally would not mind if Obama and pals want to earmark an
additional $200 in the 2011 National Budget for “Fed Research.” I assume once
Ben Bernanke and the rest of the folks at the Fed get ahold of this incredible
charting technology, they’ll be better able to monitor how the world operates
and make better forecasts.



 



After all,
that’s how research works, right?



 



Good
Investing!



 



Graham
Summers



 

PS. If you’re worried about the future of the stock market
and have yet to take steps to prepare for the Second Round of the Financial
Crisis… I highly suggest you download my FREE Special Report specifying exactly
how to prepare for what’s to come.



I call it The
Financial Crisis “Round Two” Survival Kit
. And its 17 pages contain a
wealth of information about portfolio protection, which investments to own and
how to take out Catastrophe Insurance on the stock market (this “insurance”
paid out triple digit gains in the Autumn of 2008).



Again, this is all 100% FREE. To pick up your copy today, got
to http://www.gainspainscapital.com
and click on FREE REPORTS.



<!--EndFragment-->

 


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Willie Nelson Arrested for Pot Possession | Rolling Stone Music

Willie Nelson was arrested yesterday at a border patrol checkpoint in Sierra Blanca, Texas after agents reportedly found 6 ounces of marijuana on his ...

Fox <b>News</b> Watch - Twitter - Daily Beast | Mediaite

The evolution of news media in light of personalized, instant-gratification social networking sites like Twitter has the landscape evolving at a rapidfire pace. For some in the media, this is a reason to mourn the passing of a more ...

Portland terrorist bomb plot: <b>News</b>, opinion from The Oregonian and <b>...</b>

Return to OregonLive later today for more from The Oregonian on the terrorist arrest.


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Willie Nelson Arrested for Pot Possession | Rolling Stone Music

Willie Nelson was arrested yesterday at a border patrol checkpoint in Sierra Blanca, Texas after agents reportedly found 6 ounces of marijuana on his ...

Fox <b>News</b> Watch - Twitter - Daily Beast | Mediaite

The evolution of news media in light of personalized, instant-gratification social networking sites like Twitter has the landscape evolving at a rapidfire pace. For some in the media, this is a reason to mourn the passing of a more ...

Portland terrorist bomb plot: <b>News</b>, opinion from The Oregonian and <b>...</b>

Return to OregonLive later today for more from The Oregonian on the terrorist arrest.


bench craft company spacers

 


To support a margin compression theory, the article begins by using institutional selling as proof and presents increasing Android market share as an argument. Let’s take a closer look.


 


1. Institutional Selling


The two examples provided (one institution selling and another expressing worry) are insufficient to support the conclusion that big money has started to dump Apple. What’s happening in the aggregate? Might other institutions have initiated positions or increased their holdings? Unless this table (http://www.nasdaq.com/asp/holdings.asp?symbol=AAPL&selected=AAPL&FormType=Institutional) is out of date (It does include Capital Growth Management’s sale.), there is no significant net change in the number of shares held by institutions.


 


Now, one could argue that CGM’s Heebner and FEAM’s Obuchowski are such stellar managers that their opinion warrants special attention. Well, Heebner’s CGM Focus fund is only a two-star Morningstar rated fund (http://finance.yahoo.com/q/pr?s=CGMFX+Profile). Heebner “knows how to count”, as the author writes, I suppose, but he doesn’t know how to outperform; Obuchowski’s FEAM50 (http://www.1empiream.com/FEAM50_Q3%2010.pdf) and APA125 (http://www.1empiream.com/apa.htm) funds have beaten their benchmark. However, he’s expressed concern about holding Apple two years from now. He hasn’t sold yet.


 


The article hence doesn’t provide either quantitative (as the number of shares held has not changed significantly) or qualitative (as no star manager is cited as selling) evidence of big money starting to dump Apple because of margin compression. For the one under performing manager cited for selling, no reason is provided. As a matter of fact, there’s no evidence for net institutional selling of Apple, period.


 


2. Increased Android Market Share


With a 35% profit share in 2009 (http://www.businessinsider.com/chart-of-the-day-revenue-vs-operating-pro...), the hardware industry's highest, hasn’t Apple been successful in the personal computer market? I would say so, and yet it had only captured a 7% market share. How has it accomplished this feat? By offering something different that consumers value at a premium.


 


The author writes: “Jobs also (understandably) failed to mention that the “commodity’ Androids materially outperform the iOS products in terms of features and functionality. This is pretty much in direct contravention to the concept of the term “commodity”, isn’t it???? I don’t think many Samsung Galaxy S, Droid X or HTC Evo owners will characterize their devices as “commodities”.”


 


A product’s characterization as a commodity is not a function of the quality of its features and functionality or user opinions thereof. The Android clones are commodities because there’s fundamentally little difference between them. One might have a bigger screen, another longer battery life, and yet another a thinner form factor, but they all run the same OS and hence offer the same functionality. If an innovative feature proves popular, it can quickly be duplicated. There’s little that sets one phone apart from the other. They are interchangeable. As such, they must compete on price. You might prefer the Galaxy S, but settle for a Droid if its price is sufficiently lower to sway you. Their makers will generate lower profit margins, just like Windows PC makers.


 


The iPhone, on the other hand, offers something different: superior aesthetics, greater ease of use, no bloatware, superior integration with related products (Mac & iPad), a certain prestige, but mainly a distinct OS. It offers the whole package. Its hardware competitors might best or equal some features, but not the whole. If you value this different product, you can only buy from Apple. By maintaining full control of the iPhone experience, Apple prevents it from becoming a commodity like all the Android clones and, so long as it’s able to produce a superior experience on the whole, ensures premium pricing and high profit margins.


 


The author also writes: “…its business model may prove unassailable unless Apple makes some drastic changes (ex. allowing cloning)…”


 


What if Apple did pursue the Google model and licensed its OS? If it allowed iOS clones, it would cannibalize its sales and its margins would be obliterated, as it would lose its main differentiator. Would it be able to keep generating a $238 profit per phone (http://www.asymco.com/2010/10/31/making-it-up-in-volume-how-to-view-unit-profitability-vs-volume-in-handsets/)? In light of the fact that Google is giving Android away, it’s highly unlikely.


 


Android has already won. The battle for market or unit share, that is. Apple will henceforth never sell as many phones. That’s OK because Apple will probably keep generating the lion’s share of profits (http://www.asymco.com/2010/10/30/last-quarter-apple-gained-4-unit-share-22-sales-value-share-and-48-of-profit-share/) by executing a business model proven successful with the Mac.


 


As it reaches critical mass, Google’s model might indeed become unassailable. No other company will beat Google at its game. Apple has chosen to play a different game that might also be unassailable. They’re two different ways to win. Google will attempt to monetize Android through market share dominance, while Apple will maintain its profit share dominance among hardware makers through innovation and differentiation. Apple’s margins will suffer significantly only if it’s unable to keep offering something different, valued at a premium by consumers.


 


In short, the article fails to show an institutional dump of Apple shares. It doesn’t even show that the one (marginally competent) institutional manager mentioned for selling did so because of expected margin compression. Moreover, it is misguided in using Android’s unit share dominance to deduce margin compression at Apple. Apple’s profit margin will only suffer significant compression if it fails in the execution of its business model.


 


To further the analysis, is Google’s licensing model superior to Apple’s integrated model, as many seem to believe? In the personal computer market, Microsoft made money by selling Windows to hardware makers. In the mobile phone market, Google is giving Android away, while planning to monetize market share dominance through services (search and others). The hurdles it faces with this model are not insignificant. Its lack of control over its OS is a liability: witness Verizon’s pre-installation of Bing on some Android phones (http://www.broadbandreports.com/shownews/Verizon-Bing-Wont-Be-Exclusive-On-All-Android-Phones-110294). Its platform is a customizable OS that hardware makers and wireless carriers can tailor to suit their own ends, which may be to Google’s detriment, and they don’t have to pay for it. Its success is far from assured. Might Google be going back to producing its own branded phone because its current strategy is proving difficult to monetize (http://www.engadget.com/2010/11/11/this-is-the-nexus-s/)?


 


Apple, on the other hand, is already monetizing the iPhone. As a matter of fact, it made as much money in Q3 2010 as all other phone makers combined (http://www.asymco.com/2010/10/30/last-quarter-apple-gained-4-unit-share-22-sales-value-share-and-48-of-profit-share/), in spite  of commanding only 4% market share. Apple won both the unit share and profit share battle in MP3 players with the iPod, as no worthy competitor came forth. This is not the case in smart phones with the emergence of Android. Nonetheless, the Mac, with 35% of PC profit share in spite of only 7% market share, has proven that Apple’s model can thrive even in the face of strong competition. 


 


 

Growing up,
I always assumed that people in a position of power or authority got there
based on merit. It never crossed my mind that someone might actually be in
charge of something VERY important like, say, the monetary system, and NOT know
what he or she was doing.



 



After all,
the US has created a system for verifying if you’re an expert or not, hasn’t
it? If you have an advanced degree, especially from a prestigious school, then
you should know what you’re talking about, right? And if you not only graduated
from a prestigious school but actually TAUGHT at one for decades… well then
you’ve GOT to be an expert, right?



 



After all, you literally have been PAID to
study and think for your entire adult life.



 



I only ask
all of this, because according to Fed Chairman Ben Bernanke, the Fed sees
little risk of inflation occurring in the US at this time. This is rather
staggering given that ANYONE with access to the Internet (forget the education
and degree) could gain access to charts that clearly show the US is heading
towards, if not ALREADY IN, an inflationary storm.



 



Below is a
chart of the US Dollar. I got this chart from a research tool called
stockcharts.com. It costs about $180 ($15 per month). However, this same image
can be culled from numerous free sources. So if budgetary restraints forbid
ear-marking $200 for “research” at the Fed, a quick visit to Bigcharts.com or
Yahoo! Finance should do the trick.



 





 



As you can
see, the US Dollar has fallen from about 88 to 76 in the last six months.
That’s a 13% decline… in six months. I
realize this might be hard for those who don’t look at charts too often so I’ve
annotated things so it’s easy to grasp.



 



Now, I DON’T
have a PhD in Economics from Harvard, but it seems pretty obvious to me that
when the currency in which assets are priced loses value, the prices of assets denominated in that currency will
rise… which is inflation.



 



Now if only
there were a tool for visualizing the price of various assets…



 



Surprise!
Stockcharts has this one too! The below chart is for the Jeffries Commodities
index (a basket of commodities or hard assets). As you can see, while the US
Dollar has fallen, these prices have RISEN.



 





 



Of course,
this means that when you lump together ALL commodities, their prices are
generally rising. I realize this is pretty out
there
as far as economic research goes. So let’s try to make things more
concrete and “close to home.”



 



The below
chart shows the price of agricultural commodities over the last year.
Agricultural commodities are things like wheat, soybeans, cotton, orange juice,
and coffee. Human beings use these materials to create things like food and clothing, which they need to survive on Earth.



 





 



As you can
see, the prices of agricultural commodities are rising. Because of this, the
cost of food will… RIIIIIISE. So will
the cost of making clothing. This means humans will have to spend MORE money to
buy the SAME amount of FOOD and CLOTHING... which is innnnnflation.



 



We’ve
already covered a lot of ground in this research, but I’ve saved the best for
last.



 



You see,
there’s one commodity which is VERY important for the US economy. It’s called
oil and it’s used to make our cars go VROOM!  Just as importantly, oil is used by truck companies to ship
food and other goods around the US.



 



I mention
all of this because the price of oil is also… going up!





 



In closing,
I know this research isn’t presented in the usual academic format. As such it
may not be ivy-league material. However, on planet earth, the cost of
commodities is an important gauge for inflation. The same goes for the value of
the US Dollar. If the US Dollar falls
and prices rise, then you are
experiencing inflation.



 



Which, as
the above charts show, we are experiencing NOW. Forget risk of it happening. It
is happening right now. Today.



 



On a closing
note, I know I’ve been as vocal a critic of the Government’s spending as
anyone, but I personally would not mind if Obama and pals want to earmark an
additional $200 in the 2011 National Budget for “Fed Research.” I assume once
Ben Bernanke and the rest of the folks at the Fed get ahold of this incredible
charting technology, they’ll be better able to monitor how the world operates
and make better forecasts.



 



After all,
that’s how research works, right?



 



Good
Investing!



 



Graham
Summers



 

PS. If you’re worried about the future of the stock market
and have yet to take steps to prepare for the Second Round of the Financial
Crisis… I highly suggest you download my FREE Special Report specifying exactly
how to prepare for what’s to come.



I call it The
Financial Crisis “Round Two” Survival Kit
. And its 17 pages contain a
wealth of information about portfolio protection, which investments to own and
how to take out Catastrophe Insurance on the stock market (this “insurance”
paid out triple digit gains in the Autumn of 2008).



Again, this is all 100% FREE. To pick up your copy today, got
to http://www.gainspainscapital.com
and click on FREE REPORTS.



<!--EndFragment-->

 


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Willie Nelson Arrested for Pot Possession | Rolling Stone Music

Willie Nelson was arrested yesterday at a border patrol checkpoint in Sierra Blanca, Texas after agents reportedly found 6 ounces of marijuana on his ...

Fox <b>News</b> Watch - Twitter - Daily Beast | Mediaite

The evolution of news media in light of personalized, instant-gratification social networking sites like Twitter has the landscape evolving at a rapidfire pace. For some in the media, this is a reason to mourn the passing of a more ...

Portland terrorist bomb plot: <b>News</b>, opinion from The Oregonian and <b>...</b>

Return to OregonLive later today for more from The Oregonian on the terrorist arrest.


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Willie Nelson Arrested for Pot Possession | Rolling Stone Music

Willie Nelson was arrested yesterday at a border patrol checkpoint in Sierra Blanca, Texas after agents reportedly found 6 ounces of marijuana on his ...

Fox <b>News</b> Watch - Twitter - Daily Beast | Mediaite

The evolution of news media in light of personalized, instant-gratification social networking sites like Twitter has the landscape evolving at a rapidfire pace. For some in the media, this is a reason to mourn the passing of a more ...

Portland terrorist bomb plot: <b>News</b>, opinion from The Oregonian and <b>...</b>

Return to OregonLive later today for more from The Oregonian on the terrorist arrest.


bench craft company spa service

Willie Nelson Arrested for Pot Possession | Rolling Stone Music

Willie Nelson was arrested yesterday at a border patrol checkpoint in Sierra Blanca, Texas after agents reportedly found 6 ounces of marijuana on his ...

Fox <b>News</b> Watch - Twitter - Daily Beast | Mediaite

The evolution of news media in light of personalized, instant-gratification social networking sites like Twitter has the landscape evolving at a rapidfire pace. For some in the media, this is a reason to mourn the passing of a more ...

Portland terrorist bomb plot: <b>News</b>, opinion from The Oregonian and <b>...</b>

Return to OregonLive later today for more from The Oregonian on the terrorist arrest.


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Saturday, November 20, 2010

Whos Making Money

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Rivet returning to lineup - Sabres Edge - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

Lions vs. Cowboys: Good <b>News</b> On The Injury Front; Dez Bryant Is <b>...</b>

The Dallas Cowboys get some veterans back in practice, and Dez Bryant is a violent man.

One and a Half Cheers for Fox <b>News</b>, David Henderson | EconLog <b>...</b>

Senator Jay Rockefeller made a splash Wednesday by suggesting that the Federal Communications Commission shut down the Fox News Channel and MSNBC. My guess is that he mentioned MSNBC because he wanted to sound equally oppressive of both ...


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Rivet returning to lineup - Sabres Edge - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

Lions vs. Cowboys: Good <b>News</b> On The Injury Front; Dez Bryant Is <b>...</b>

The Dallas Cowboys get some veterans back in practice, and Dez Bryant is a violent man.

One and a Half Cheers for Fox <b>News</b>, David Henderson | EconLog <b>...</b>

Senator Jay Rockefeller made a splash Wednesday by suggesting that the Federal Communications Commission shut down the Fox News Channel and MSNBC. My guess is that he mentioned MSNBC because he wanted to sound equally oppressive of both ...


bench craft company rip off

Rivet returning to lineup - Sabres Edge - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

Lions vs. Cowboys: Good <b>News</b> On The Injury Front; Dez Bryant Is <b>...</b>

The Dallas Cowboys get some veterans back in practice, and Dez Bryant is a violent man.

One and a Half Cheers for Fox <b>News</b>, David Henderson | EconLog <b>...</b>

Senator Jay Rockefeller made a splash Wednesday by suggesting that the Federal Communications Commission shut down the Fox News Channel and MSNBC. My guess is that he mentioned MSNBC because he wanted to sound equally oppressive of both ...


bench craft company rip off

Rivet returning to lineup - Sabres Edge - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

Lions vs. Cowboys: Good <b>News</b> On The Injury Front; Dez Bryant Is <b>...</b>

The Dallas Cowboys get some veterans back in practice, and Dez Bryant is a violent man.

One and a Half Cheers for Fox <b>News</b>, David Henderson | EconLog <b>...</b>

Senator Jay Rockefeller made a splash Wednesday by suggesting that the Federal Communications Commission shut down the Fox News Channel and MSNBC. My guess is that he mentioned MSNBC because he wanted to sound equally oppressive of both ...


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Rivet returning to lineup - Sabres Edge - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

Lions vs. Cowboys: Good <b>News</b> On The Injury Front; Dez Bryant Is <b>...</b>

The Dallas Cowboys get some veterans back in practice, and Dez Bryant is a violent man.

One and a Half Cheers for Fox <b>News</b>, David Henderson | EconLog <b>...</b>

Senator Jay Rockefeller made a splash Wednesday by suggesting that the Federal Communications Commission shut down the Fox News Channel and MSNBC. My guess is that he mentioned MSNBC because he wanted to sound equally oppressive of both ...


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keep it loose, keep it tight by rearranged4good


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Rivet returning to lineup - Sabres Edge - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

Lions vs. Cowboys: Good <b>News</b> On The Injury Front; Dez Bryant Is <b>...</b>

The Dallas Cowboys get some veterans back in practice, and Dez Bryant is a violent man.

One and a Half Cheers for Fox <b>News</b>, David Henderson | EconLog <b>...</b>

Senator Jay Rockefeller made a splash Wednesday by suggesting that the Federal Communications Commission shut down the Fox News Channel and MSNBC. My guess is that he mentioned MSNBC because he wanted to sound equally oppressive of both ...


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bench craft company rip off

Rivet returning to lineup - Sabres Edge - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

Lions vs. Cowboys: Good <b>News</b> On The Injury Front; Dez Bryant Is <b>...</b>

The Dallas Cowboys get some veterans back in practice, and Dez Bryant is a violent man.

One and a Half Cheers for Fox <b>News</b>, David Henderson | EconLog <b>...</b>

Senator Jay Rockefeller made a splash Wednesday by suggesting that the Federal Communications Commission shut down the Fox News Channel and MSNBC. My guess is that he mentioned MSNBC because he wanted to sound equally oppressive of both ...


bench craft company rip off

Rivet returning to lineup - Sabres Edge - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

Lions vs. Cowboys: Good <b>News</b> On The Injury Front; Dez Bryant Is <b>...</b>

The Dallas Cowboys get some veterans back in practice, and Dez Bryant is a violent man.

One and a Half Cheers for Fox <b>News</b>, David Henderson | EconLog <b>...</b>

Senator Jay Rockefeller made a splash Wednesday by suggesting that the Federal Communications Commission shut down the Fox News Channel and MSNBC. My guess is that he mentioned MSNBC because he wanted to sound equally oppressive of both ...


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EA launching Facebook golf game PC <b>News</b> - Page 1 | Eurogamer.net

Read our PC news of EA launching Facebook golf game.

autosport.com - F1 <b>News</b>: Rosberg: Pirellis won&#39;t help Mercedes

Nico Rosberg doubts the new Pirelli tyres will do anything to ease the difficulties Mercedes suffered with front-tyre grip on the 2010 Bridgestones, after the Formula 1 teams tried the 2011 rubber for the first time in Abu Dhabi today.

Photos Implant &#39;Memories&#39; of Fictional <b>News</b> Events | Smart <b>...</b>

Participants in a study were far more likely to “remember” a fictional news event when a headline was accompanied by a tangentially relevant photograph.


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Small Business <b>News</b>: SMB Blogging and Social Media Basics

Far from a fad, a new blogging and social media infrastructure has emerged and is still being built and becoming a part of the new hierarchy can be important to.

autosport.com - F1 <b>News</b>: Rosberg: Pirellis won&#39;t help Mercedes

Nico Rosberg doubts the new Pirelli tyres will do anything to ease the difficulties Mercedes suffered with front-tyre grip on the 2010 Bridgestones, after the Formula 1 teams tried the 2011 rubber for the first time in Abu Dhabi today.

Rivet returning to lineup - Sabres Edge - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.


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Police <b>News</b> at Steven Landsburg | The Big Questions: Tackling the <b>...</b>

1 Tweets that mention Police News at Steven Landsburg | The Big Questions: Tackling the Problems of Philosophy with Ideas from Mathematics, Economics, and Physics -- Topsy.com. Pingback on Nov 19th, 2010 at 3:23 am. 2 Police News at ...

Lions vs. Cowboys: Good <b>News</b> On The Injury Front; Dez Bryant Is <b>...</b>

The Dallas Cowboys get some veterans back in practice, and Dez Bryant is a violent man.

autosport.com - F1 <b>News</b>: Rosberg: Pirellis won&#39;t help Mercedes

Nico Rosberg doubts the new Pirelli tyres will do anything to ease the difficulties Mercedes suffered with front-tyre grip on the 2010 Bridgestones, after the Formula 1 teams tried the 2011 rubber for the first time in Abu Dhabi today.


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Thursday, November 18, 2010

web internet marketing

While presenting Tuesday at Pivot Conference, Scott Brinker, president and CTO of ion interactive, explained why he believes organizations should take the next step toward digital proficiency by fostering a new breed of executives — the chief marketing technologist. Brinker explains this type of executive as:

“… someone who has a hybrid between business and technology, a strong background in engineering and IT, is an early adopter of technology, but someone who also understands the pragmatic realities of scaling technology. But most importantly, someone who brings those skills and combines them with a deep love and passion for the marketing mix. This is a technologist that reports to the CMO, not the CIO.”

Traditionally, organizations silo functions into categories — communications, finance, creative, operations, and of course, marketing and technology, to name a few. Brinker’s case for the Chief Marketing Technologist has legs, especially as marketing and technology functions are becoming increasingly intertwined. Your company may have seasoned marketers and top-of-the-line technologists, but it takes those who are dually knowledgeable in both marketing and technology to really make the right moves in Internet marketing, as they are the ones who really understand the way the web works and what’s possible for marketing from a technological point of view.

Below are three missions that Brinker believes a Chief Marketing Technologist would be uniquely poised to tackle. We caught up with Brinker after his presentation and he elaborated on each of these points. Read on to see what he had to say and add your thoughts in the comments below.

1. Translating Strategy into Technology

The first mission for a chief marketing technologist should be to “collaborate with the CMO on translating strategies into technology with much higher fidelity, and vice-versa — also help in revealing new opportunities that technologies provide for new strategies,” Brinker said.

In our follow-up, Brinker explained the importance of having a middle ground between marketing and technology, in particular due to the lack of cohesion between marketing and tech jargon. “One of the challenges we see between marketing and the people who provide technology to marketers, whether it’s the IT department or outside vendors,” he said, “is that marketers have a certain language and nomenclature that they use to communicate their vision. And vice-versa, technologists spend years learning their lingo and perspective on the world.

“The idea of a marketing technologist is someone who’s natively versed in both languages and understands the concepts of what’s in technology and what’s in marketing, and they can serve as the translator,” he concluded.

2. Choreographing Technology Across Marketing

“Choreograph the entire collection of marketing, technology and data that we see throughout the organization. Find ways to tap the synergy between all of these different components,” Brinker suggested.

We asked Brinker what this might entail for a chief marketing technologist, including the type of data that he was referencing. He explained, “All of this technology that’s popping up all over marketing — web analytics, marketing automation, advertising behavioral segmentation — are all fairly sophisticated on their own. The problem is that behind the scenes, they don’t talk very well together. It’s not because the products can’t talk together — it’s because there isn’t really anyone connecting the dots.”

The effect of not having someone like a marketing technologist to bridge the gap between various data banks is an overload of inefficiently used data. “I think what we’re seeing here is more and more data,” Brinker said, “that there’s no one really finding ways of taking data from the web analytics, for instance, and feeding that into our conversion optimization testing. How do we take the experiences someone has on a conversion optimization path and feed that into the marketing optimization system?”

3. Infusing Tech into the Company’s Marketing DNA

“Perhaps most importantly, is to infuse technology into the DNA of marketing itself — our practices, our people, our culture,” Brinker said.

He recommended “having people on your team, in your group that have physical proximity to you who really get the technology, because they’re as eager to hear from you about marketing objectives and strategies, [as they are] to talk about what they’re doing in technology.”

Brinker explained that having technology-versed team members on a team helps facilitate “natural osmosis by raising the [level of] technical proficiency and familiarity” of an organization. He believes that a marketing technologist’s role is to seek out marketing candidates who have technical backgrounds. Employing tech-savvy people is a step toward infusing technology into a company’s culture and DNA.

Does your company support a position similar to Brinker’s proposed chief marketing technologist? If so, let us know in the comments.

See Brinker’s full presentation from the Pivot Conference below:


Trouble and trends, they say, come in threes. Today, a trifecta of deals shows how old-school web companies are engaging in a little retail therapy because they must, and because Wall Street has given them the equivalent of a year-end bonus, thanks to an uplift in tech stocks.



  • Amazon is buying Quidsi, the parent of Diapers.com, for $500 million in cash, or roughly 3 times Quidsi’s 2009 sales. Diapers.com is a hit with the mommy set and is on target to generate $300 million in sales for 2010.  Amazon will assume $45 million in debt as well.

  • QuinStreet, an online marketing and lead-generation company is buying CarInsurance.com for $49.7 million in cash and is expanding its footprint in the insurance business. CarInsurance.com, as the name suggests, sells car insurance online and provides leads to automobile insurers.

  • Shutterfly, an online photo service, bought the assets of WMSG Inc., for $6 million and will use these to expand its commercial print-on-demand business. WSMG was in the business of helping deliver direct-marketing campaigns for large companies like Toyota and Dell


Now, while we all like to obsess about what company Google will buy next, the recent wave of M&A shows that it’s actually these old school web companies of a certain age that are looking at a current boom in tech stocks as a way to bolster their businesses. A report from the National Venture Capital Association (NVCA) recently noted that during the third quarter of 2010, there were 104 mergers, a trend they expected to continue. And why not?


Over the past two months, the tech-heavy NASDAQ composite is up almost 500 points or roughly 18.5 percent to over 2800. According to a report in the Wall Street Journal, the tech stocks in the S&P 500 are trading at 13.9 times their forward earnings, versus the average of 12.7 times for the entire index. The current rally in technology stocks is driven by profits and growing sales for companies such as QuinStreet and Amazon.


QuinStreet’s stock is up 60 percent over the past three months, while Amazon has seen its stock jump 40 percent since early September, and Shutterfly shares have climbed over 35 percent since August of this year. Positive earnings are only adding to their coffers, which in turn means they can be used to beef up their businesses.


For related research check out GigaOM Pro (subscription required):



  • Cleantech Financing  Trends 2010 & Beyond

  • Report: U.S. Mobile Venture Capital Investment, Q2 2010

  • Motives and Possibilities for a Big Apple Acquisition



bench craft company

Fox <b>News</b> President: Jon Stewart Is Crazy And NPR Is Run By Nazis <b>...</b>

The second part of The Daily Beast's interview with Fox News president Roger Ailes is out today, and Ailes' encore doesn't disappoint. He responded harshly to Jon Stewart's pervasive criticism of cable news and had some tough, ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: November 18, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): Tea Party: Smart development is really a global conspiracy; EPA: Major US cities violate lead standards; UN, World Bank say act now on climate change or pay much more later; Illinois Spending $2M ...

Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

You see, Rockefeller says he hungers for quality news and believes that the FCC should play a part in facilitating that end. He believes that without the extremes of Fox News and MSNBC, the American people would have more faith in their ...


bench craft company

While presenting Tuesday at Pivot Conference, Scott Brinker, president and CTO of ion interactive, explained why he believes organizations should take the next step toward digital proficiency by fostering a new breed of executives — the chief marketing technologist. Brinker explains this type of executive as:

“… someone who has a hybrid between business and technology, a strong background in engineering and IT, is an early adopter of technology, but someone who also understands the pragmatic realities of scaling technology. But most importantly, someone who brings those skills and combines them with a deep love and passion for the marketing mix. This is a technologist that reports to the CMO, not the CIO.”

Traditionally, organizations silo functions into categories — communications, finance, creative, operations, and of course, marketing and technology, to name a few. Brinker’s case for the Chief Marketing Technologist has legs, especially as marketing and technology functions are becoming increasingly intertwined. Your company may have seasoned marketers and top-of-the-line technologists, but it takes those who are dually knowledgeable in both marketing and technology to really make the right moves in Internet marketing, as they are the ones who really understand the way the web works and what’s possible for marketing from a technological point of view.

Below are three missions that Brinker believes a Chief Marketing Technologist would be uniquely poised to tackle. We caught up with Brinker after his presentation and he elaborated on each of these points. Read on to see what he had to say and add your thoughts in the comments below.

1. Translating Strategy into Technology

The first mission for a chief marketing technologist should be to “collaborate with the CMO on translating strategies into technology with much higher fidelity, and vice-versa — also help in revealing new opportunities that technologies provide for new strategies,” Brinker said.

In our follow-up, Brinker explained the importance of having a middle ground between marketing and technology, in particular due to the lack of cohesion between marketing and tech jargon. “One of the challenges we see between marketing and the people who provide technology to marketers, whether it’s the IT department or outside vendors,” he said, “is that marketers have a certain language and nomenclature that they use to communicate their vision. And vice-versa, technologists spend years learning their lingo and perspective on the world.

“The idea of a marketing technologist is someone who’s natively versed in both languages and understands the concepts of what’s in technology and what’s in marketing, and they can serve as the translator,” he concluded.

2. Choreographing Technology Across Marketing

“Choreograph the entire collection of marketing, technology and data that we see throughout the organization. Find ways to tap the synergy between all of these different components,” Brinker suggested.

We asked Brinker what this might entail for a chief marketing technologist, including the type of data that he was referencing. He explained, “All of this technology that’s popping up all over marketing — web analytics, marketing automation, advertising behavioral segmentation — are all fairly sophisticated on their own. The problem is that behind the scenes, they don’t talk very well together. It’s not because the products can’t talk together — it’s because there isn’t really anyone connecting the dots.”

The effect of not having someone like a marketing technologist to bridge the gap between various data banks is an overload of inefficiently used data. “I think what we’re seeing here is more and more data,” Brinker said, “that there’s no one really finding ways of taking data from the web analytics, for instance, and feeding that into our conversion optimization testing. How do we take the experiences someone has on a conversion optimization path and feed that into the marketing optimization system?”

3. Infusing Tech into the Company’s Marketing DNA

“Perhaps most importantly, is to infuse technology into the DNA of marketing itself — our practices, our people, our culture,” Brinker said.

He recommended “having people on your team, in your group that have physical proximity to you who really get the technology, because they’re as eager to hear from you about marketing objectives and strategies, [as they are] to talk about what they’re doing in technology.”

Brinker explained that having technology-versed team members on a team helps facilitate “natural osmosis by raising the [level of] technical proficiency and familiarity” of an organization. He believes that a marketing technologist’s role is to seek out marketing candidates who have technical backgrounds. Employing tech-savvy people is a step toward infusing technology into a company’s culture and DNA.

Does your company support a position similar to Brinker’s proposed chief marketing technologist? If so, let us know in the comments.

See Brinker’s full presentation from the Pivot Conference below:


Trouble and trends, they say, come in threes. Today, a trifecta of deals shows how old-school web companies are engaging in a little retail therapy because they must, and because Wall Street has given them the equivalent of a year-end bonus, thanks to an uplift in tech stocks.



  • Amazon is buying Quidsi, the parent of Diapers.com, for $500 million in cash, or roughly 3 times Quidsi’s 2009 sales. Diapers.com is a hit with the mommy set and is on target to generate $300 million in sales for 2010.  Amazon will assume $45 million in debt as well.

  • QuinStreet, an online marketing and lead-generation company is buying CarInsurance.com for $49.7 million in cash and is expanding its footprint in the insurance business. CarInsurance.com, as the name suggests, sells car insurance online and provides leads to automobile insurers.

  • Shutterfly, an online photo service, bought the assets of WMSG Inc., for $6 million and will use these to expand its commercial print-on-demand business. WSMG was in the business of helping deliver direct-marketing campaigns for large companies like Toyota and Dell


Now, while we all like to obsess about what company Google will buy next, the recent wave of M&A shows that it’s actually these old school web companies of a certain age that are looking at a current boom in tech stocks as a way to bolster their businesses. A report from the National Venture Capital Association (NVCA) recently noted that during the third quarter of 2010, there were 104 mergers, a trend they expected to continue. And why not?


Over the past two months, the tech-heavy NASDAQ composite is up almost 500 points or roughly 18.5 percent to over 2800. According to a report in the Wall Street Journal, the tech stocks in the S&P 500 are trading at 13.9 times their forward earnings, versus the average of 12.7 times for the entire index. The current rally in technology stocks is driven by profits and growing sales for companies such as QuinStreet and Amazon.


QuinStreet’s stock is up 60 percent over the past three months, while Amazon has seen its stock jump 40 percent since early September, and Shutterfly shares have climbed over 35 percent since August of this year. Positive earnings are only adding to their coffers, which in turn means they can be used to beef up their businesses.


For related research check out GigaOM Pro (subscription required):



  • Cleantech Financing  Trends 2010 & Beyond

  • Report: U.S. Mobile Venture Capital Investment, Q2 2010

  • Motives and Possibilities for a Big Apple Acquisition



bench craft company>

Fox <b>News</b> President: Jon Stewart Is Crazy And NPR Is Run By Nazis <b>...</b>

The second part of The Daily Beast's interview with Fox News president Roger Ailes is out today, and Ailes' encore doesn't disappoint. He responded harshly to Jon Stewart's pervasive criticism of cable news and had some tough, ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: November 18, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): Tea Party: Smart development is really a global conspiracy; EPA: Major US cities violate lead standards; UN, World Bank say act now on climate change or pay much more later; Illinois Spending $2M ...

Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

You see, Rockefeller says he hungers for quality news and believes that the FCC should play a part in facilitating that end. He believes that without the extremes of Fox News and MSNBC, the American people would have more faith in their ...


bench craft company

bench craft company

Lorrie Thomas Models a Web Marketing Therapy Thinking Cap and &quot;I love Hubspot&quot; T-Shirt by webmarketingtherapy.com


bench craft company

Fox <b>News</b> President: Jon Stewart Is Crazy And NPR Is Run By Nazis <b>...</b>

The second part of The Daily Beast's interview with Fox News president Roger Ailes is out today, and Ailes' encore doesn't disappoint. He responded harshly to Jon Stewart's pervasive criticism of cable news and had some tough, ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: November 18, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): Tea Party: Smart development is really a global conspiracy; EPA: Major US cities violate lead standards; UN, World Bank say act now on climate change or pay much more later; Illinois Spending $2M ...

Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

You see, Rockefeller says he hungers for quality news and believes that the FCC should play a part in facilitating that end. He believes that without the extremes of Fox News and MSNBC, the American people would have more faith in their ...


bench craft company

While presenting Tuesday at Pivot Conference, Scott Brinker, president and CTO of ion interactive, explained why he believes organizations should take the next step toward digital proficiency by fostering a new breed of executives — the chief marketing technologist. Brinker explains this type of executive as:

“… someone who has a hybrid between business and technology, a strong background in engineering and IT, is an early adopter of technology, but someone who also understands the pragmatic realities of scaling technology. But most importantly, someone who brings those skills and combines them with a deep love and passion for the marketing mix. This is a technologist that reports to the CMO, not the CIO.”

Traditionally, organizations silo functions into categories — communications, finance, creative, operations, and of course, marketing and technology, to name a few. Brinker’s case for the Chief Marketing Technologist has legs, especially as marketing and technology functions are becoming increasingly intertwined. Your company may have seasoned marketers and top-of-the-line technologists, but it takes those who are dually knowledgeable in both marketing and technology to really make the right moves in Internet marketing, as they are the ones who really understand the way the web works and what’s possible for marketing from a technological point of view.

Below are three missions that Brinker believes a Chief Marketing Technologist would be uniquely poised to tackle. We caught up with Brinker after his presentation and he elaborated on each of these points. Read on to see what he had to say and add your thoughts in the comments below.

1. Translating Strategy into Technology

The first mission for a chief marketing technologist should be to “collaborate with the CMO on translating strategies into technology with much higher fidelity, and vice-versa — also help in revealing new opportunities that technologies provide for new strategies,” Brinker said.

In our follow-up, Brinker explained the importance of having a middle ground between marketing and technology, in particular due to the lack of cohesion between marketing and tech jargon. “One of the challenges we see between marketing and the people who provide technology to marketers, whether it’s the IT department or outside vendors,” he said, “is that marketers have a certain language and nomenclature that they use to communicate their vision. And vice-versa, technologists spend years learning their lingo and perspective on the world.

“The idea of a marketing technologist is someone who’s natively versed in both languages and understands the concepts of what’s in technology and what’s in marketing, and they can serve as the translator,” he concluded.

2. Choreographing Technology Across Marketing

“Choreograph the entire collection of marketing, technology and data that we see throughout the organization. Find ways to tap the synergy between all of these different components,” Brinker suggested.

We asked Brinker what this might entail for a chief marketing technologist, including the type of data that he was referencing. He explained, “All of this technology that’s popping up all over marketing — web analytics, marketing automation, advertising behavioral segmentation — are all fairly sophisticated on their own. The problem is that behind the scenes, they don’t talk very well together. It’s not because the products can’t talk together — it’s because there isn’t really anyone connecting the dots.”

The effect of not having someone like a marketing technologist to bridge the gap between various data banks is an overload of inefficiently used data. “I think what we’re seeing here is more and more data,” Brinker said, “that there’s no one really finding ways of taking data from the web analytics, for instance, and feeding that into our conversion optimization testing. How do we take the experiences someone has on a conversion optimization path and feed that into the marketing optimization system?”

3. Infusing Tech into the Company’s Marketing DNA

“Perhaps most importantly, is to infuse technology into the DNA of marketing itself — our practices, our people, our culture,” Brinker said.

He recommended “having people on your team, in your group that have physical proximity to you who really get the technology, because they’re as eager to hear from you about marketing objectives and strategies, [as they are] to talk about what they’re doing in technology.”

Brinker explained that having technology-versed team members on a team helps facilitate “natural osmosis by raising the [level of] technical proficiency and familiarity” of an organization. He believes that a marketing technologist’s role is to seek out marketing candidates who have technical backgrounds. Employing tech-savvy people is a step toward infusing technology into a company’s culture and DNA.

Does your company support a position similar to Brinker’s proposed chief marketing technologist? If so, let us know in the comments.

See Brinker’s full presentation from the Pivot Conference below:


Trouble and trends, they say, come in threes. Today, a trifecta of deals shows how old-school web companies are engaging in a little retail therapy because they must, and because Wall Street has given them the equivalent of a year-end bonus, thanks to an uplift in tech stocks.



  • Amazon is buying Quidsi, the parent of Diapers.com, for $500 million in cash, or roughly 3 times Quidsi’s 2009 sales. Diapers.com is a hit with the mommy set and is on target to generate $300 million in sales for 2010.  Amazon will assume $45 million in debt as well.

  • QuinStreet, an online marketing and lead-generation company is buying CarInsurance.com for $49.7 million in cash and is expanding its footprint in the insurance business. CarInsurance.com, as the name suggests, sells car insurance online and provides leads to automobile insurers.

  • Shutterfly, an online photo service, bought the assets of WMSG Inc., for $6 million and will use these to expand its commercial print-on-demand business. WSMG was in the business of helping deliver direct-marketing campaigns for large companies like Toyota and Dell


Now, while we all like to obsess about what company Google will buy next, the recent wave of M&A shows that it’s actually these old school web companies of a certain age that are looking at a current boom in tech stocks as a way to bolster their businesses. A report from the National Venture Capital Association (NVCA) recently noted that during the third quarter of 2010, there were 104 mergers, a trend they expected to continue. And why not?


Over the past two months, the tech-heavy NASDAQ composite is up almost 500 points or roughly 18.5 percent to over 2800. According to a report in the Wall Street Journal, the tech stocks in the S&P 500 are trading at 13.9 times their forward earnings, versus the average of 12.7 times for the entire index. The current rally in technology stocks is driven by profits and growing sales for companies such as QuinStreet and Amazon.


QuinStreet’s stock is up 60 percent over the past three months, while Amazon has seen its stock jump 40 percent since early September, and Shutterfly shares have climbed over 35 percent since August of this year. Positive earnings are only adding to their coffers, which in turn means they can be used to beef up their businesses.


For related research check out GigaOM Pro (subscription required):



  • Cleantech Financing  Trends 2010 & Beyond

  • Report: U.S. Mobile Venture Capital Investment, Q2 2010

  • Motives and Possibilities for a Big Apple Acquisition



bench craft company

Lorrie Thomas Models a Web Marketing Therapy Thinking Cap and &quot;I love Hubspot&quot; T-Shirt by webmarketingtherapy.com


bench craft company

Fox <b>News</b> President: Jon Stewart Is Crazy And NPR Is Run By Nazis <b>...</b>

The second part of The Daily Beast's interview with Fox News president Roger Ailes is out today, and Ailes' encore doesn't disappoint. He responded harshly to Jon Stewart's pervasive criticism of cable news and had some tough, ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: November 18, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): Tea Party: Smart development is really a global conspiracy; EPA: Major US cities violate lead standards; UN, World Bank say act now on climate change or pay much more later; Illinois Spending $2M ...

Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

You see, Rockefeller says he hungers for quality news and believes that the FCC should play a part in facilitating that end. He believes that without the extremes of Fox News and MSNBC, the American people would have more faith in their ...


bench craft company

Lorrie Thomas Models a Web Marketing Therapy Thinking Cap and &quot;I love Hubspot&quot; T-Shirt by webmarketingtherapy.com


bench craft company

Fox <b>News</b> President: Jon Stewart Is Crazy And NPR Is Run By Nazis <b>...</b>

The second part of The Daily Beast's interview with Fox News president Roger Ailes is out today, and Ailes' encore doesn't disappoint. He responded harshly to Jon Stewart's pervasive criticism of cable news and had some tough, ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: November 18, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): Tea Party: Smart development is really a global conspiracy; EPA: Major US cities violate lead standards; UN, World Bank say act now on climate change or pay much more later; Illinois Spending $2M ...

Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

You see, Rockefeller says he hungers for quality news and believes that the FCC should play a part in facilitating that end. He believes that without the extremes of Fox News and MSNBC, the American people would have more faith in their ...


bench craft company

Fox <b>News</b> President: Jon Stewart Is Crazy And NPR Is Run By Nazis <b>...</b>

The second part of The Daily Beast's interview with Fox News president Roger Ailes is out today, and Ailes' encore doesn't disappoint. He responded harshly to Jon Stewart's pervasive criticism of cable news and had some tough, ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: November 18, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): Tea Party: Smart development is really a global conspiracy; EPA: Major US cities violate lead standards; UN, World Bank say act now on climate change or pay much more later; Illinois Spending $2M ...

Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

You see, Rockefeller says he hungers for quality news and believes that the FCC should play a part in facilitating that end. He believes that without the extremes of Fox News and MSNBC, the American people would have more faith in their ...


bench craft company

Fox <b>News</b> President: Jon Stewart Is Crazy And NPR Is Run By Nazis <b>...</b>

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Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

You see, Rockefeller says he hungers for quality news and believes that the FCC should play a part in facilitating that end. He believes that without the extremes of Fox News and MSNBC, the American people would have more faith in their ...


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Lorrie Thomas Models a Web Marketing Therapy Thinking Cap and &quot;I love Hubspot&quot; T-Shirt by webmarketingtherapy.com


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Fox <b>News</b> President: Jon Stewart Is Crazy And NPR Is Run By Nazis <b>...</b>

The second part of The Daily Beast's interview with Fox News president Roger Ailes is out today, and Ailes' encore doesn't disappoint. He responded harshly to Jon Stewart's pervasive criticism of cable news and had some tough, ...

Brad Friedman and Desi Doyen: Green <b>News</b> Report: November 18, 2010 <b>...</b>

IN 'GREEN NEWS EXTRA' (see links below): Tea Party: Smart development is really a global conspiracy; EPA: Major US cities violate lead standards; UN, World Bank say act now on climate change or pay much more later; Illinois Spending $2M ...

Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

You see, Rockefeller says he hungers for quality news and believes that the FCC should play a part in facilitating that end. He believes that without the extremes of Fox News and MSNBC, the American people would have more faith in their ...


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Wednesday, November 17, 2010

foreclosure search



I’m not immersed in the foreclosure fraud crisis but I am pretty well versed on title insurance and from what little I’ve read from the excerpts here and there, I don’t see this in the same way.


Title insurance is available to owners as well as lenders. Often, owners may not be sophisticated enough to ask for it, but most realtors will steer them if they don’t think about it. So in a typical transaction, where a buyer is getting a loan for a property, the lender will require that the borrower purchase title insurance for the benefit of the lender, where the premium will be based in part on the size of the mortgage. Most owners will also request and get an owner’s policy with that premium based on the purchase price – but most title insurers will give the owner something called a simultaneous issue rate so that they pay a much reduced price since the loan amount has already been insured over in the lender’s policy.


I can’t really do justice in the amount of time I have, but once upon a time real estate transactions didn’t close on title insurance, they closed on opinions of real estate counsel and certificates of title and the like. All of those processes (including modern title insurance) involved a lot of work reviewing the actual “record title” of property, to make sure that there was a clean “chain of title.” The problem is/was that there are a lot of things that can impact title other than chaining out title.


For example, there can be a clean record “chain” for blackacre from Mr. A to Mrs. B to Ms C, and yet Ms C might not get clear title from Mrs. B. This might be because of patent defects or latent defects. A patent defect would be one obvious from a review of the documents (misspelled names, Mrs. x y B conveying as Mrs. x [no y] B, typos on dates or subscriptions or notary dates post-dating signature dates etc.) A latent defect would typically be something like a forged signature (Mrs. B is really in a nursing home and her daughter pretends to be her and sells the house) or something like Mrs. B claiming to be a widow with sole rights of survivorship in the property, when instead her husband is doing time for FISA felonies.


There are also other things that might affect either or both of title to the property or the right to use property for its intended purpose. For example, Mrs. B might have had work done to the property and have not paid the workers – for a period of time those workers might have a right to file a lien on the property (mechanics lien). So 20,000 in repairs/renovations recently completed is owing when Mrs. B sells to Ms. C, the mechanics liens against the property might not show up until a month after closing. Also, Mrs. B might have entered into an unrecorded lease of the house to Tenant T and under state laws, Tenant T might have the rights of a “party in possession” under state law and Ms. C might not be able to move into “her” house (or even get the rent, depending on things) until after, for example, lease expiration.


Also, Ms C might be looking at her lovely back yard with a beautiful hand crafted stone and wrought iron fence all around it (part of the 20,000 in mechanics liens that are getting ready to be filed) – except that this fence isn’t really on property line. Maybe she owns another 100 feet beyond, maybe she’s encroached on her neighbor’s property, maybe she’s violated a county setback ordinance. No amount of “public records” review or even fraud protection with help with that – you need surveys.


Enter title insurance. It provided a way for owners – but more importantly for lenders who were going to be in the business of loaning against lots of properties – to shift the risk of some or all of these problems to a third party. As a matter of pragmatism, it already takes a lot of time and money to do a full, back to land patent, public records search. No one is going to be able to add the full costs of outright investigations into rights of parties in possessions, possible mechanics liens issues, investigations of identies and signing rights for all persons in the chain, etc. without adding tens of thousands to closing costs.


However, some of these things don’t happen that frequently and can be greatly reduced by a few kinds of precautions. So the title insurers have standards for possible (but not deemed likely) defects that they will “insure over” (things where no one knows for sure that everything is all right – like fraud in the chain) and things for which they will take exceptions (not provide insurance for that item) or where they will insure over their exceptions based on other documentation (for example, they might not insure over rights of parties in possession in general, but if the seller signs off on an affidavit regarding rights of parties in possession, the title company may insure against rights of parties in possession or the title company may not provide boundary line insurance, but with a survey or if the property is in a platted subdivision, they might insure for that).


The fact that the title insurance company would insure for fraud defects in title and take an affidavit from Mrs. B that no one has possessory rights in blackacre and provide boundary insurance, etc. HUGELY facilitates the residential real estate market here in the states. Lenders can loan, purchasers can GET a loan, etc. all more freely and much more economically and with less risk.


Note that when the insurance company insures over defects for something like fraud in the chain, they assume that risk and have a very iffy route of recovery (the daughter who pretended to be Mrs B may be hard to find, have no assets, and more importantly didn’t have direct privity with the insurer). Similarly, when the insurer insures over a possible defect based on an affidavit (for example, Mrs. B’s rights of parties in possession affidavit) the insurance company is still assuming the risk for that difect, but now has a more direct right against the affiant.


This means that the lender with title insurance (and the owner if they got a simultaneous issue owner’s policy) gets paid by the title insurance company for losses from defects, and the title insurance company has to pursue the party who committed the fraud in the chain or the giver of the affidavit for recovery.


In this foreclosure crisis, a lot of the sellers are not Mrs B, they are Foreclosing Bank B. If no one will loan to purchasers who want to buy foreclosed properties, the problem is going to get worse. But if title insurance companies won’t insure over foreclosure defects because it is public knowledge that those defects may be very widespread and in many cases, latent or even legally uncertain, then buyers are going to have a harder time.


Latent defects in a foreclosure property might include, for example, the robosigning issue. That might mean that the foreclosure affidavits given to the courts (not filed in the real estate records), where the affiant says they have care and custody of the documents, know the history, personally reviewed everything, etc., may be fraudulent affidavits, but there is no way to tell from just looking at the foreclosure affidavit and without delving more deeply – sometimes much more deeply (and expensively).


In addition to discovering the fraud in the affidavit, typically a court order of foreclosure would supercede any objections to the fraudulent affidavit not raised in the foreclosure proceedings, so the effect of the fraud is also going to be an unknown where objections were not time raised (i.e., is there a right that affects the property, or only a right of recovery for money damages against the fraud perpetrators or only a right based on material fraud and what will be the standards for materiality if the mortagee is in default, and will it be different if there is a deed of trust v. a mortgage etc.)


So it seems to me that this is just a fairly prudent approach. On the one hand, it will facilitate the abiilty to sell properties that are the subject of foreclosure and there are some arguments to be made that moving already foreclosed upon properties should be slowed down with efforts to put the foreclosed persons back in the homes, but there are some equally or more so compelling arguments that the ability to sell homes that have already been the subject of court orders is pretty necessary to keep the market from further collapse.


The title insurer is still going to bear a risk of loss if they get the affidavits from foreclosing entities. It’s just that the insurer will go ahead and pay off under lenders’ and owners’ policies and be the entity to pursue the forclosing bank/title insurance affiant. In some ways, this makes a lot of sense, bc the title insurer is the entity likely to have accumulated claims against the forecloser who is giving multiple affidavits for multiple property and those accumlated claims should make pursuit of legal claims more efficient and pit the party (the insurer) with the most vested interest and relatively deep pockets directly against the foreclosing lender.


A title insurer is going to have more clout to go against the foreclosing banks for their defects than an assortment of individual purchasers and lending banks. I think there’s an argument that the foreclosers having to provide direct affidavits to the title companies is likely to get them to clean up their acts more, and with less damage to some already hard hit markets, than if no title company will write title on foreclosure transactions and even purchasers who didn’t purchase owners policies are going to benefit if foreclosers know that a title company that may get bit on transactions involving lots of different lending banks is going to be coming after them.


I also don’t think there’s any disincentive from a forclosers affidavit for title companies to try to identify patent defects (like post-dated notaries – although in many of those instances those defects might be litigation defects in the court proceeding, that are typically merged into the court order if not appealed or raised in the foreclosure proceeding) because the title company is still on the hook to the lending insurer and will have to try to recover from the forecloser.


I don’t really think that title companies are going to be “doing less” than if they hadn’t come up with the affidavit option. Title companies in general would never have a duty to examine all the underlying details of a piece of foreclosure litigation (including affidavits given in that litigation) because that is the function of the court in that litigation – they would normally only be responsible for a review of the court order and appeals periods.


If the title companies were somehow goign to be charged with undertaking the responsiblity for being the entity to review the litigation proceedings for regularity and lack of fraud or latent defects and insure that regularity directly, it would add thousands and thousands to closing costs for a foreclosure property if you could even get a title company to do it. Most just wouldn’t write title for foreclosures (they don’t have any duty to provide that insurance), so foreclosed properties would have that many more problems getting a lender to loan for their purchase.


Now, while argument can be made that “well, fine, that’ll teach those foreclosing banks, especially the ones that had fraud, those properties will just sit and sit, with the owners kicked out and no one able to get a loan to buy” there are a lot of problems with that as well. For one thing, more prior owners of foreclosed properties are going to look at bankruptcy, since they typically have liability under their notes for all expenses, including carrying costs and foreclosure costs and those costs will just continue to mount. Empty properties attract vandalism and batter surrounding property values and lenders who have foreclosed property that can’t be moved are going to be causing a really big impact in the markets and vis a vis their own investors and even at times account holders.


I do think banks should have their feet held to the fire over foreclosure fraud but I’m not sure that clouding or halting the ability to allow for the transfer of forelosed properties where no appeals are pending to new purchasers is the most productive route and I think the affidavit process the title insurer is seeking may facilitate the process and put an entity with a vested interest to reduce title fraud in general and with a broad enough exposure and deep enough pockets into a position where it can now directly pressure foreclosers.


longwinded fwiw.




Foreclosure frauds, Foxes, hidden Elephants in Plain Sight, Havoc


Whether or not foreclosures are halted, not much will be accomplished until authorities take action against the elephant in the room –hiding in plain sight: FORECLOSURE LAWYERS.


Lawyers (debt collection attorneys, foreclosure mills) for mortgage lenders should be held accountable for foreclosure illegalities and for concealing malpractice against their lender-clients –as well as for committing Unfair Debt Collection Practices, extortion, and fraud against property owners; and deceiving Investors!


Often foreclosure delays are because of lawyers, but they keep that fact from clients. Lenders –who are not required to know laws, are sometimes unaware that lawyers’ mistakes, errors, and frauds provide reasons, defenses, and basis for owners to attempt negotiating mortgage contracts. As a fundamental matter, injurious acts by such lawyers render the lawyers, as well as their mortgage clients liable for justiciable damages.


If improper or false pleadings are filed in court by mortgage lenders, it is almost always via lawyers acting on lenders’ behalf. It is he or she (lawyer) who would file bankruptcy “Lift Stay” motions that “lack standing,” “proof of claims” different from ‘lift stays’ “movers”; and record illegal property deeds. And, lawyers, not lenders would be the persons who failed to “effect service” or failed at any substantive Civil Procedure requirement. In those instances, homeowners should not be blamed for refusing to cooperate with taking of their homes via error and fraud; and those lawyers owe $$$$$$ to their clients for fatally botching foreclosure cases.


But, there’s an abundance of lobbyists, speech makers, “insiders,” straw buyers, and others who apparently benefit from detracting attention away from the unmitigated fact that an intentional false court pleading is tantamount to judicial fraud!


And despite any crafted statement about “quelling” the matter of fabricated foreclosures, it is impossible to “quell” aftermaths from deliberate fraud. It is moreover impossible, and ridiculous to discount actionable wrongs from attorney-orchestrated real estate swindles. It seems that the primary incentive for silencing defective foreclosures is concealing the actors.


This scourge might not be so obvious, but glaring are recurrent illegal foreclosures, null property deed recordations, as well as foreclosure and bankruptcy proceedings via non-existent lenders’ names. Even worse, are horrific acts of tyranny inflicted upon people who oppose fraudulent conveyances. These are just samples of foreclosure improprieties which raise flags of lawfulness, and whether entitled lenders ever legally repossessed those properties.


It is sometimes said that matters such as the foregoing are irrelevant to defaulted homeowners. Yet not enough people realize that there are property owners who have been injured for being interferences to white collar real estate vice.


As such, glossing over matters of falsified foreclosure is definitely not useful when people have been egregiously wronged from foreclosure frauds. Not only are injured entitled to remedy, their information would equip authorities with more details and evidence critical for reducing crime and corruption. Also, substantive information (which would not be whitewashed, and whistleblowers receive protection) will supply a clearer picture of foreclosure fraud factors that are harmful to homeowners, banks, and investors. Additionally, city revenues across this country will increase because money being used in furtherance of foreclosure and mortgage fraud will return to city coffers. ** “Foreclosure Frauds, Wells Fargo-the Fox in Charge…” @ http://newsblaze.com/story/20101028181052lawg.nb/topstory.html/




bench craft company scam

Fox <b>News</b> President: Obama&#39;s &#39;Socialism Was Too Far Left&#39; For <b>...</b>

In an interview with The Daily Beast's Howard Kurtz, Fox News president Roger Ailes has some new vitriol for the Obama administration. Kicking off a laundry list of criticism, Ailes said, "The president has not been very successful.

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<b>News</b> Corp. iPad Venture Fishing In Wrong Pond | paidContent

Another day, another hire at News Corp.'s super-duper secret iPad venture dubbed The Daily—and another reason to question whether this is going to be yet another wobbly Rupert Murdoch digital-news enterprise. ...


benchcraft company scam


I’m not immersed in the foreclosure fraud crisis but I am pretty well versed on title insurance and from what little I’ve read from the excerpts here and there, I don’t see this in the same way.


Title insurance is available to owners as well as lenders. Often, owners may not be sophisticated enough to ask for it, but most realtors will steer them if they don’t think about it. So in a typical transaction, where a buyer is getting a loan for a property, the lender will require that the borrower purchase title insurance for the benefit of the lender, where the premium will be based in part on the size of the mortgage. Most owners will also request and get an owner’s policy with that premium based on the purchase price – but most title insurers will give the owner something called a simultaneous issue rate so that they pay a much reduced price since the loan amount has already been insured over in the lender’s policy.


I can’t really do justice in the amount of time I have, but once upon a time real estate transactions didn’t close on title insurance, they closed on opinions of real estate counsel and certificates of title and the like. All of those processes (including modern title insurance) involved a lot of work reviewing the actual “record title” of property, to make sure that there was a clean “chain of title.” The problem is/was that there are a lot of things that can impact title other than chaining out title.


For example, there can be a clean record “chain” for blackacre from Mr. A to Mrs. B to Ms C, and yet Ms C might not get clear title from Mrs. B. This might be because of patent defects or latent defects. A patent defect would be one obvious from a review of the documents (misspelled names, Mrs. x y B conveying as Mrs. x [no y] B, typos on dates or subscriptions or notary dates post-dating signature dates etc.) A latent defect would typically be something like a forged signature (Mrs. B is really in a nursing home and her daughter pretends to be her and sells the house) or something like Mrs. B claiming to be a widow with sole rights of survivorship in the property, when instead her husband is doing time for FISA felonies.


There are also other things that might affect either or both of title to the property or the right to use property for its intended purpose. For example, Mrs. B might have had work done to the property and have not paid the workers – for a period of time those workers might have a right to file a lien on the property (mechanics lien). So 20,000 in repairs/renovations recently completed is owing when Mrs. B sells to Ms. C, the mechanics liens against the property might not show up until a month after closing. Also, Mrs. B might have entered into an unrecorded lease of the house to Tenant T and under state laws, Tenant T might have the rights of a “party in possession” under state law and Ms. C might not be able to move into “her” house (or even get the rent, depending on things) until after, for example, lease expiration.


Also, Ms C might be looking at her lovely back yard with a beautiful hand crafted stone and wrought iron fence all around it (part of the 20,000 in mechanics liens that are getting ready to be filed) – except that this fence isn’t really on property line. Maybe she owns another 100 feet beyond, maybe she’s encroached on her neighbor’s property, maybe she’s violated a county setback ordinance. No amount of “public records” review or even fraud protection with help with that – you need surveys.


Enter title insurance. It provided a way for owners – but more importantly for lenders who were going to be in the business of loaning against lots of properties – to shift the risk of some or all of these problems to a third party. As a matter of pragmatism, it already takes a lot of time and money to do a full, back to land patent, public records search. No one is going to be able to add the full costs of outright investigations into rights of parties in possessions, possible mechanics liens issues, investigations of identies and signing rights for all persons in the chain, etc. without adding tens of thousands to closing costs.


However, some of these things don’t happen that frequently and can be greatly reduced by a few kinds of precautions. So the title insurers have standards for possible (but not deemed likely) defects that they will “insure over” (things where no one knows for sure that everything is all right – like fraud in the chain) and things for which they will take exceptions (not provide insurance for that item) or where they will insure over their exceptions based on other documentation (for example, they might not insure over rights of parties in possession in general, but if the seller signs off on an affidavit regarding rights of parties in possession, the title company may insure against rights of parties in possession or the title company may not provide boundary line insurance, but with a survey or if the property is in a platted subdivision, they might insure for that).


The fact that the title insurance company would insure for fraud defects in title and take an affidavit from Mrs. B that no one has possessory rights in blackacre and provide boundary insurance, etc. HUGELY facilitates the residential real estate market here in the states. Lenders can loan, purchasers can GET a loan, etc. all more freely and much more economically and with less risk.


Note that when the insurance company insures over defects for something like fraud in the chain, they assume that risk and have a very iffy route of recovery (the daughter who pretended to be Mrs B may be hard to find, have no assets, and more importantly didn’t have direct privity with the insurer). Similarly, when the insurer insures over a possible defect based on an affidavit (for example, Mrs. B’s rights of parties in possession affidavit) the insurance company is still assuming the risk for that difect, but now has a more direct right against the affiant.


This means that the lender with title insurance (and the owner if they got a simultaneous issue owner’s policy) gets paid by the title insurance company for losses from defects, and the title insurance company has to pursue the party who committed the fraud in the chain or the giver of the affidavit for recovery.


In this foreclosure crisis, a lot of the sellers are not Mrs B, they are Foreclosing Bank B. If no one will loan to purchasers who want to buy foreclosed properties, the problem is going to get worse. But if title insurance companies won’t insure over foreclosure defects because it is public knowledge that those defects may be very widespread and in many cases, latent or even legally uncertain, then buyers are going to have a harder time.


Latent defects in a foreclosure property might include, for example, the robosigning issue. That might mean that the foreclosure affidavits given to the courts (not filed in the real estate records), where the affiant says they have care and custody of the documents, know the history, personally reviewed everything, etc., may be fraudulent affidavits, but there is no way to tell from just looking at the foreclosure affidavit and without delving more deeply – sometimes much more deeply (and expensively).


In addition to discovering the fraud in the affidavit, typically a court order of foreclosure would supercede any objections to the fraudulent affidavit not raised in the foreclosure proceedings, so the effect of the fraud is also going to be an unknown where objections were not time raised (i.e., is there a right that affects the property, or only a right of recovery for money damages against the fraud perpetrators or only a right based on material fraud and what will be the standards for materiality if the mortagee is in default, and will it be different if there is a deed of trust v. a mortgage etc.)


So it seems to me that this is just a fairly prudent approach. On the one hand, it will facilitate the abiilty to sell properties that are the subject of foreclosure and there are some arguments to be made that moving already foreclosed upon properties should be slowed down with efforts to put the foreclosed persons back in the homes, but there are some equally or more so compelling arguments that the ability to sell homes that have already been the subject of court orders is pretty necessary to keep the market from further collapse.


The title insurer is still going to bear a risk of loss if they get the affidavits from foreclosing entities. It’s just that the insurer will go ahead and pay off under lenders’ and owners’ policies and be the entity to pursue the forclosing bank/title insurance affiant. In some ways, this makes a lot of sense, bc the title insurer is the entity likely to have accumulated claims against the forecloser who is giving multiple affidavits for multiple property and those accumlated claims should make pursuit of legal claims more efficient and pit the party (the insurer) with the most vested interest and relatively deep pockets directly against the foreclosing lender.


A title insurer is going to have more clout to go against the foreclosing banks for their defects than an assortment of individual purchasers and lending banks. I think there’s an argument that the foreclosers having to provide direct affidavits to the title companies is likely to get them to clean up their acts more, and with less damage to some already hard hit markets, than if no title company will write title on foreclosure transactions and even purchasers who didn’t purchase owners policies are going to benefit if foreclosers know that a title company that may get bit on transactions involving lots of different lending banks is going to be coming after them.


I also don’t think there’s any disincentive from a forclosers affidavit for title companies to try to identify patent defects (like post-dated notaries – although in many of those instances those defects might be litigation defects in the court proceeding, that are typically merged into the court order if not appealed or raised in the foreclosure proceeding) because the title company is still on the hook to the lending insurer and will have to try to recover from the forecloser.


I don’t really think that title companies are going to be “doing less” than if they hadn’t come up with the affidavit option. Title companies in general would never have a duty to examine all the underlying details of a piece of foreclosure litigation (including affidavits given in that litigation) because that is the function of the court in that litigation – they would normally only be responsible for a review of the court order and appeals periods.


If the title companies were somehow goign to be charged with undertaking the responsiblity for being the entity to review the litigation proceedings for regularity and lack of fraud or latent defects and insure that regularity directly, it would add thousands and thousands to closing costs for a foreclosure property if you could even get a title company to do it. Most just wouldn’t write title for foreclosures (they don’t have any duty to provide that insurance), so foreclosed properties would have that many more problems getting a lender to loan for their purchase.


Now, while argument can be made that “well, fine, that’ll teach those foreclosing banks, especially the ones that had fraud, those properties will just sit and sit, with the owners kicked out and no one able to get a loan to buy” there are a lot of problems with that as well. For one thing, more prior owners of foreclosed properties are going to look at bankruptcy, since they typically have liability under their notes for all expenses, including carrying costs and foreclosure costs and those costs will just continue to mount. Empty properties attract vandalism and batter surrounding property values and lenders who have foreclosed property that can’t be moved are going to be causing a really big impact in the markets and vis a vis their own investors and even at times account holders.


I do think banks should have their feet held to the fire over foreclosure fraud but I’m not sure that clouding or halting the ability to allow for the transfer of forelosed properties where no appeals are pending to new purchasers is the most productive route and I think the affidavit process the title insurer is seeking may facilitate the process and put an entity with a vested interest to reduce title fraud in general and with a broad enough exposure and deep enough pockets into a position where it can now directly pressure foreclosers.


longwinded fwiw.




Foreclosure frauds, Foxes, hidden Elephants in Plain Sight, Havoc


Whether or not foreclosures are halted, not much will be accomplished until authorities take action against the elephant in the room –hiding in plain sight: FORECLOSURE LAWYERS.


Lawyers (debt collection attorneys, foreclosure mills) for mortgage lenders should be held accountable for foreclosure illegalities and for concealing malpractice against their lender-clients –as well as for committing Unfair Debt Collection Practices, extortion, and fraud against property owners; and deceiving Investors!


Often foreclosure delays are because of lawyers, but they keep that fact from clients. Lenders –who are not required to know laws, are sometimes unaware that lawyers’ mistakes, errors, and frauds provide reasons, defenses, and basis for owners to attempt negotiating mortgage contracts. As a fundamental matter, injurious acts by such lawyers render the lawyers, as well as their mortgage clients liable for justiciable damages.


If improper or false pleadings are filed in court by mortgage lenders, it is almost always via lawyers acting on lenders’ behalf. It is he or she (lawyer) who would file bankruptcy “Lift Stay” motions that “lack standing,” “proof of claims” different from ‘lift stays’ “movers”; and record illegal property deeds. And, lawyers, not lenders would be the persons who failed to “effect service” or failed at any substantive Civil Procedure requirement. In those instances, homeowners should not be blamed for refusing to cooperate with taking of their homes via error and fraud; and those lawyers owe $$$$$$ to their clients for fatally botching foreclosure cases.


But, there’s an abundance of lobbyists, speech makers, “insiders,” straw buyers, and others who apparently benefit from detracting attention away from the unmitigated fact that an intentional false court pleading is tantamount to judicial fraud!


And despite any crafted statement about “quelling” the matter of fabricated foreclosures, it is impossible to “quell” aftermaths from deliberate fraud. It is moreover impossible, and ridiculous to discount actionable wrongs from attorney-orchestrated real estate swindles. It seems that the primary incentive for silencing defective foreclosures is concealing the actors.


This scourge might not be so obvious, but glaring are recurrent illegal foreclosures, null property deed recordations, as well as foreclosure and bankruptcy proceedings via non-existent lenders’ names. Even worse, are horrific acts of tyranny inflicted upon people who oppose fraudulent conveyances. These are just samples of foreclosure improprieties which raise flags of lawfulness, and whether entitled lenders ever legally repossessed those properties.


It is sometimes said that matters such as the foregoing are irrelevant to defaulted homeowners. Yet not enough people realize that there are property owners who have been injured for being interferences to white collar real estate vice.


As such, glossing over matters of falsified foreclosure is definitely not useful when people have been egregiously wronged from foreclosure frauds. Not only are injured entitled to remedy, their information would equip authorities with more details and evidence critical for reducing crime and corruption. Also, substantive information (which would not be whitewashed, and whistleblowers receive protection) will supply a clearer picture of foreclosure fraud factors that are harmful to homeowners, banks, and investors. Additionally, city revenues across this country will increase because money being used in furtherance of foreclosure and mortgage fraud will return to city coffers. ** “Foreclosure Frauds, Wells Fargo-the Fox in Charge…” @ http://newsblaze.com/story/20101028181052lawg.nb/topstory.html/




benchcraft company scam

Fox <b>News</b> President: Obama&#39;s &#39;Socialism Was Too Far Left&#39; For <b>...</b>

In an interview with The Daily Beast's Howard Kurtz, Fox News president Roger Ailes has some new vitriol for the Obama administration. Kicking off a laundry list of criticism, Ailes said, "The president has not been very successful.

Scripting <b>News</b>: Design challenge: River of <b>News</b> in HTML

The design challenge is this. GIven the latest HTML techniques, do a mockup of a great River of News. If it's really something new, I'll put the software behind it and make it live. Permanent link to this item in the archive. ...

<b>News</b> Corp. iPad Venture Fishing In Wrong Pond | paidContent

Another day, another hire at News Corp.'s super-duper secret iPad venture dubbed The Daily—and another reason to question whether this is going to be yet another wobbly Rupert Murdoch digital-news enterprise. ...


bench craft company scam

bench craft company scam

Miami Foreclosures Florida, 3Bd, 2Ba, $ 79,000.00 : ForeclosureDataBank.com by ForeclosureDataBank


benchcraft company scam

Fox <b>News</b> President: Obama&#39;s &#39;Socialism Was Too Far Left&#39; For <b>...</b>

In an interview with The Daily Beast's Howard Kurtz, Fox News president Roger Ailes has some new vitriol for the Obama administration. Kicking off a laundry list of criticism, Ailes said, "The president has not been very successful.

Scripting <b>News</b>: Design challenge: River of <b>News</b> in HTML

The design challenge is this. GIven the latest HTML techniques, do a mockup of a great River of News. If it's really something new, I'll put the software behind it and make it live. Permanent link to this item in the archive. ...

<b>News</b> Corp. iPad Venture Fishing In Wrong Pond | paidContent

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I’m not immersed in the foreclosure fraud crisis but I am pretty well versed on title insurance and from what little I’ve read from the excerpts here and there, I don’t see this in the same way.


Title insurance is available to owners as well as lenders. Often, owners may not be sophisticated enough to ask for it, but most realtors will steer them if they don’t think about it. So in a typical transaction, where a buyer is getting a loan for a property, the lender will require that the borrower purchase title insurance for the benefit of the lender, where the premium will be based in part on the size of the mortgage. Most owners will also request and get an owner’s policy with that premium based on the purchase price – but most title insurers will give the owner something called a simultaneous issue rate so that they pay a much reduced price since the loan amount has already been insured over in the lender’s policy.


I can’t really do justice in the amount of time I have, but once upon a time real estate transactions didn’t close on title insurance, they closed on opinions of real estate counsel and certificates of title and the like. All of those processes (including modern title insurance) involved a lot of work reviewing the actual “record title” of property, to make sure that there was a clean “chain of title.” The problem is/was that there are a lot of things that can impact title other than chaining out title.


For example, there can be a clean record “chain” for blackacre from Mr. A to Mrs. B to Ms C, and yet Ms C might not get clear title from Mrs. B. This might be because of patent defects or latent defects. A patent defect would be one obvious from a review of the documents (misspelled names, Mrs. x y B conveying as Mrs. x [no y] B, typos on dates or subscriptions or notary dates post-dating signature dates etc.) A latent defect would typically be something like a forged signature (Mrs. B is really in a nursing home and her daughter pretends to be her and sells the house) or something like Mrs. B claiming to be a widow with sole rights of survivorship in the property, when instead her husband is doing time for FISA felonies.


There are also other things that might affect either or both of title to the property or the right to use property for its intended purpose. For example, Mrs. B might have had work done to the property and have not paid the workers – for a period of time those workers might have a right to file a lien on the property (mechanics lien). So 20,000 in repairs/renovations recently completed is owing when Mrs. B sells to Ms. C, the mechanics liens against the property might not show up until a month after closing. Also, Mrs. B might have entered into an unrecorded lease of the house to Tenant T and under state laws, Tenant T might have the rights of a “party in possession” under state law and Ms. C might not be able to move into “her” house (or even get the rent, depending on things) until after, for example, lease expiration.


Also, Ms C might be looking at her lovely back yard with a beautiful hand crafted stone and wrought iron fence all around it (part of the 20,000 in mechanics liens that are getting ready to be filed) – except that this fence isn’t really on property line. Maybe she owns another 100 feet beyond, maybe she’s encroached on her neighbor’s property, maybe she’s violated a county setback ordinance. No amount of “public records” review or even fraud protection with help with that – you need surveys.


Enter title insurance. It provided a way for owners – but more importantly for lenders who were going to be in the business of loaning against lots of properties – to shift the risk of some or all of these problems to a third party. As a matter of pragmatism, it already takes a lot of time and money to do a full, back to land patent, public records search. No one is going to be able to add the full costs of outright investigations into rights of parties in possessions, possible mechanics liens issues, investigations of identies and signing rights for all persons in the chain, etc. without adding tens of thousands to closing costs.


However, some of these things don’t happen that frequently and can be greatly reduced by a few kinds of precautions. So the title insurers have standards for possible (but not deemed likely) defects that they will “insure over” (things where no one knows for sure that everything is all right – like fraud in the chain) and things for which they will take exceptions (not provide insurance for that item) or where they will insure over their exceptions based on other documentation (for example, they might not insure over rights of parties in possession in general, but if the seller signs off on an affidavit regarding rights of parties in possession, the title company may insure against rights of parties in possession or the title company may not provide boundary line insurance, but with a survey or if the property is in a platted subdivision, they might insure for that).


The fact that the title insurance company would insure for fraud defects in title and take an affidavit from Mrs. B that no one has possessory rights in blackacre and provide boundary insurance, etc. HUGELY facilitates the residential real estate market here in the states. Lenders can loan, purchasers can GET a loan, etc. all more freely and much more economically and with less risk.


Note that when the insurance company insures over defects for something like fraud in the chain, they assume that risk and have a very iffy route of recovery (the daughter who pretended to be Mrs B may be hard to find, have no assets, and more importantly didn’t have direct privity with the insurer). Similarly, when the insurer insures over a possible defect based on an affidavit (for example, Mrs. B’s rights of parties in possession affidavit) the insurance company is still assuming the risk for that difect, but now has a more direct right against the affiant.


This means that the lender with title insurance (and the owner if they got a simultaneous issue owner’s policy) gets paid by the title insurance company for losses from defects, and the title insurance company has to pursue the party who committed the fraud in the chain or the giver of the affidavit for recovery.


In this foreclosure crisis, a lot of the sellers are not Mrs B, they are Foreclosing Bank B. If no one will loan to purchasers who want to buy foreclosed properties, the problem is going to get worse. But if title insurance companies won’t insure over foreclosure defects because it is public knowledge that those defects may be very widespread and in many cases, latent or even legally uncertain, then buyers are going to have a harder time.


Latent defects in a foreclosure property might include, for example, the robosigning issue. That might mean that the foreclosure affidavits given to the courts (not filed in the real estate records), where the affiant says they have care and custody of the documents, know the history, personally reviewed everything, etc., may be fraudulent affidavits, but there is no way to tell from just looking at the foreclosure affidavit and without delving more deeply – sometimes much more deeply (and expensively).


In addition to discovering the fraud in the affidavit, typically a court order of foreclosure would supercede any objections to the fraudulent affidavit not raised in the foreclosure proceedings, so the effect of the fraud is also going to be an unknown where objections were not time raised (i.e., is there a right that affects the property, or only a right of recovery for money damages against the fraud perpetrators or only a right based on material fraud and what will be the standards for materiality if the mortagee is in default, and will it be different if there is a deed of trust v. a mortgage etc.)


So it seems to me that this is just a fairly prudent approach. On the one hand, it will facilitate the abiilty to sell properties that are the subject of foreclosure and there are some arguments to be made that moving already foreclosed upon properties should be slowed down with efforts to put the foreclosed persons back in the homes, but there are some equally or more so compelling arguments that the ability to sell homes that have already been the subject of court orders is pretty necessary to keep the market from further collapse.


The title insurer is still going to bear a risk of loss if they get the affidavits from foreclosing entities. It’s just that the insurer will go ahead and pay off under lenders’ and owners’ policies and be the entity to pursue the forclosing bank/title insurance affiant. In some ways, this makes a lot of sense, bc the title insurer is the entity likely to have accumulated claims against the forecloser who is giving multiple affidavits for multiple property and those accumlated claims should make pursuit of legal claims more efficient and pit the party (the insurer) with the most vested interest and relatively deep pockets directly against the foreclosing lender.


A title insurer is going to have more clout to go against the foreclosing banks for their defects than an assortment of individual purchasers and lending banks. I think there’s an argument that the foreclosers having to provide direct affidavits to the title companies is likely to get them to clean up their acts more, and with less damage to some already hard hit markets, than if no title company will write title on foreclosure transactions and even purchasers who didn’t purchase owners policies are going to benefit if foreclosers know that a title company that may get bit on transactions involving lots of different lending banks is going to be coming after them.


I also don’t think there’s any disincentive from a forclosers affidavit for title companies to try to identify patent defects (like post-dated notaries – although in many of those instances those defects might be litigation defects in the court proceeding, that are typically merged into the court order if not appealed or raised in the foreclosure proceeding) because the title company is still on the hook to the lending insurer and will have to try to recover from the forecloser.


I don’t really think that title companies are going to be “doing less” than if they hadn’t come up with the affidavit option. Title companies in general would never have a duty to examine all the underlying details of a piece of foreclosure litigation (including affidavits given in that litigation) because that is the function of the court in that litigation – they would normally only be responsible for a review of the court order and appeals periods.


If the title companies were somehow goign to be charged with undertaking the responsiblity for being the entity to review the litigation proceedings for regularity and lack of fraud or latent defects and insure that regularity directly, it would add thousands and thousands to closing costs for a foreclosure property if you could even get a title company to do it. Most just wouldn’t write title for foreclosures (they don’t have any duty to provide that insurance), so foreclosed properties would have that many more problems getting a lender to loan for their purchase.


Now, while argument can be made that “well, fine, that’ll teach those foreclosing banks, especially the ones that had fraud, those properties will just sit and sit, with the owners kicked out and no one able to get a loan to buy” there are a lot of problems with that as well. For one thing, more prior owners of foreclosed properties are going to look at bankruptcy, since they typically have liability under their notes for all expenses, including carrying costs and foreclosure costs and those costs will just continue to mount. Empty properties attract vandalism and batter surrounding property values and lenders who have foreclosed property that can’t be moved are going to be causing a really big impact in the markets and vis a vis their own investors and even at times account holders.


I do think banks should have their feet held to the fire over foreclosure fraud but I’m not sure that clouding or halting the ability to allow for the transfer of forelosed properties where no appeals are pending to new purchasers is the most productive route and I think the affidavit process the title insurer is seeking may facilitate the process and put an entity with a vested interest to reduce title fraud in general and with a broad enough exposure and deep enough pockets into a position where it can now directly pressure foreclosers.


longwinded fwiw.




Foreclosure frauds, Foxes, hidden Elephants in Plain Sight, Havoc


Whether or not foreclosures are halted, not much will be accomplished until authorities take action against the elephant in the room –hiding in plain sight: FORECLOSURE LAWYERS.


Lawyers (debt collection attorneys, foreclosure mills) for mortgage lenders should be held accountable for foreclosure illegalities and for concealing malpractice against their lender-clients –as well as for committing Unfair Debt Collection Practices, extortion, and fraud against property owners; and deceiving Investors!


Often foreclosure delays are because of lawyers, but they keep that fact from clients. Lenders –who are not required to know laws, are sometimes unaware that lawyers’ mistakes, errors, and frauds provide reasons, defenses, and basis for owners to attempt negotiating mortgage contracts. As a fundamental matter, injurious acts by such lawyers render the lawyers, as well as their mortgage clients liable for justiciable damages.


If improper or false pleadings are filed in court by mortgage lenders, it is almost always via lawyers acting on lenders’ behalf. It is he or she (lawyer) who would file bankruptcy “Lift Stay” motions that “lack standing,” “proof of claims” different from ‘lift stays’ “movers”; and record illegal property deeds. And, lawyers, not lenders would be the persons who failed to “effect service” or failed at any substantive Civil Procedure requirement. In those instances, homeowners should not be blamed for refusing to cooperate with taking of their homes via error and fraud; and those lawyers owe $$$$$$ to their clients for fatally botching foreclosure cases.


But, there’s an abundance of lobbyists, speech makers, “insiders,” straw buyers, and others who apparently benefit from detracting attention away from the unmitigated fact that an intentional false court pleading is tantamount to judicial fraud!


And despite any crafted statement about “quelling” the matter of fabricated foreclosures, it is impossible to “quell” aftermaths from deliberate fraud. It is moreover impossible, and ridiculous to discount actionable wrongs from attorney-orchestrated real estate swindles. It seems that the primary incentive for silencing defective foreclosures is concealing the actors.


This scourge might not be so obvious, but glaring are recurrent illegal foreclosures, null property deed recordations, as well as foreclosure and bankruptcy proceedings via non-existent lenders’ names. Even worse, are horrific acts of tyranny inflicted upon people who oppose fraudulent conveyances. These are just samples of foreclosure improprieties which raise flags of lawfulness, and whether entitled lenders ever legally repossessed those properties.


It is sometimes said that matters such as the foregoing are irrelevant to defaulted homeowners. Yet not enough people realize that there are property owners who have been injured for being interferences to white collar real estate vice.


As such, glossing over matters of falsified foreclosure is definitely not useful when people have been egregiously wronged from foreclosure frauds. Not only are injured entitled to remedy, their information would equip authorities with more details and evidence critical for reducing crime and corruption. Also, substantive information (which would not be whitewashed, and whistleblowers receive protection) will supply a clearer picture of foreclosure fraud factors that are harmful to homeowners, banks, and investors. Additionally, city revenues across this country will increase because money being used in furtherance of foreclosure and mortgage fraud will return to city coffers. ** “Foreclosure Frauds, Wells Fargo-the Fox in Charge…” @ http://newsblaze.com/story/20101028181052lawg.nb/topstory.html/




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