Should I tap my retirement savings? - The Help Desk - CNN.com

I have a $325,000 home, a $250,000 mortgage and a student loan. I have been taking money out of my IRA since getting laid off, and paying a 10% penalty with each withdrawal. It could be several months before I land a full-time job. Am I better off continuing to tap my IRA, or should I take out an equity loan on my house, rent out my home and move in with family, or sell my home? ? Cheri S.

Your retirement accounts should be your option of last resort. "The first thing to do is to use your liquid savings, if you haven't already," says Brent Lince of Hillsboro, Ore.-based Lince Financial Planning. This could mean using cash savings, CDs and money market accounts before tapping into an IRA.

If you've used up your liquid savings, however, your best choice may be to sell your home. Not only would it free up the equity you have in the house, but it would mean saving on the costs of property ownership, such as insurance, maintenance, and property taxes. By comparison, a home equity loan would mean taking on more debt. And Lince says that may not be a wise move when you're looking for a source of income.

In the meantime, look for other ways to reduce your cost of living. For example, contact your lender and see if you qualify for a student loan deferral. If you have a federal loan, you can find out if you qualify for deferral at the U.S. Department of education site (studentaid.ed.gov). That would allow you to focus your limited funds on covering your other costs.

??Austin Kilham

Got a question for the Help Desk? Send it to?helpdesk@cnnmoney.com.

Source: http://helpdesk.blogs.money.cnn.com/2012/11/26/tap-retirement-savings/

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Heating and Air Conditioning Maintenance | Bantry Pylon Protest

uv germicidal provo utah If you need to install a new heating or AC system in your house, the most critical things to consider are purchasing high quality products and professional service. There are many types of furnaces that all have distinct parts and functions. Depending on your home and location, your utility bill and home temperature can improve dramatically if you select an appropriate furnace. Cooling systems are also quite different and it is essential to install one that is the most effective. When you meet with a heating and cooling specialist, they will evaluate your situation and help choose the system that best meets your needs. They are also experienced in completing all kinds of repairs on these systems. Experience a large change in your year-round comfort with professional heating and cooling technicians on your side.

This entry was posted in Home and Garden. Bookmark the permalink.

Source: http://www.bantrypylonprotest.com/heating-and-air-conditioning-maintenance-5/

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Jefferson Parish Sheriff's Office West Bank crime report, Nov. 23 ...

This information reflects initial calls for service reported by the Jefferson Parish Sheriff's Office for the west bank of Jefferson Parish. Locations are approximate due to automated location methods and address inconsistencies, the Sheriff's Office says. Burglar alarm calls are excluded.
100 block of 12th Street - Nov. 23, 12:09 a.m., disturbing the peace.
2nd Avenue and Ames Boulevard - Nov. 23, 1:53 p.m., suspicious person.
5th Street and Allo Avenue - Nov. 23, 7:37 p.m., suspicious person.
7th Street and Industry Street - Nov. 23, 9:50 p.m., suspicious person.
1500 block of Ames Boulevard - Nov. 23, 10:18 p.m., suspicious person.
1500 block of Ames Boulevard - Nov. 23, 10:18 p.m., disturbing the peace.
Ames Boulevard and 7th Avenue - Nov. 23, 4:54 a.m., suspicious person.
Ames Boulevard and Caillou Drive - Nov. 23, 11:52 a.m., vehicle wreck.
Ames Boulevard and Rue Louis Phillipe - Nov. 23, 4:26 a.m., suspicious person.
Ames Boulevard and Westbank Exp - Nov. 23, 7:48 p.m., vehicle wreck.
Avenue D and 5th Street - Nov. 23, 2:54 p.m., suspicious person.
1200 block of Avenue F - Nov. 23, 2:04 a.m., disturbing the peace.
1700 block of Barataria Boulevard - Nov. 23, 2:15 p.m., vehicle wreck.
1800 block of Barataria Boulevard - Nov. 23, 3:51 p.m., vehicle wreck.
Barataria Boulevard and Lapalco Boulevard - Nov. 23, 12:04 p.m., vehicle wreck.
2000 block of Bayou Oaks Drive - Nov. 23, 11:33 p.m., battery.
Belle Terre Playground - Nov. 23, 11:19 a.m., suspicious person.
1100 block of Blk Aberdeen Drive - Nov. 23, 5:37 a.m., illegal discharge of weapon.
400 block of Blk Robinson Avenue - Nov. 23, 6:03 p.m., suspicious person.
1000 block of Blk Tallow Tree Lane - Nov. 23, 8:20 p.m., suspicious person.
1100 block of Blk Tallow Tree Lane - Nov. 23, 6:51 a.m., suspicious person.
2000 block of Blk Woodmere Boulevard - Nov. 23, 7:26 p.m., suspicious person.
Bluebell Lane and Buttercup Drive - Nov. 23, 9:32 p.m., suspicious person.
Bonnie Ann Drive and Jeffery Street - Nov. 23, 12:40 p.m., suspicious person.
Brown Avenue and Westbank Exp - Nov. 23, 6:29 p.m., suspicious person.
3700 block of Burntwood Drive - Nov. 23, 1:20 a.m., criminal damage.
800 block of Carmadelle Street - Nov. 23, 4:37 a.m., disturbing the peace.
300 block of Circle West Drive - Nov. 23, 4:20 a.m., residence burglary.
600 block of Cohen Avenue - Nov. 23, 12:40 a.m., suspicious person.
Dolly Street and Wayne Avenue - Nov. 23, 9:47 p.m., suspicious person.
Eb Harry Lee Exp and Manhattan Boulevard - Nov. 23, 9:15 p.m., suspicious person.
1000 block of Eli Court - Nov. 23, 3:41 p.m., battery.
1900 block of Estalote Avenue - Nov. 23, 4:57 p.m., battery.
Estalote Avenue and 16th Street - Nov. 23, 8:31 a.m., suspicious person.
800 block of Garden Road - Nov. 23, 10:34 p.m., disturbing the peace.
200 block of Holmes Boulevard - Nov. 23, 11:50 a.m., vehicle wreck.
200 block of Holmes Boulevard - Nov. 23, 11:50 a.m., vehicle wreck.
King Drive and Luther Drive - Nov. 23, 9:04 p.m., suspicious person.
1000 block of East Kingsway Drive - Nov. 23, 1:31 a.m., disturbing the peace.
4200 block of Lac Du Bay Drive - Nov. 23, 1:13 p.m., vehicle wreck.
1500 block of Lancaster Drive - Nov. 23, 4:54 a.m., battery.
800 block of Lander Street - Nov. 23, 6:58 p.m., residence burglary.
1500 block of Lapalco Boulevard - Nov. 23, 8:57 a.m., criminal damage.
2900 block of Lapalco Boulevard - Nov. 23, 2:15 a.m., vehicle wreck.
3400 block of Lapalco Boulevard - Nov. 23, 5:26 p.m., disturbing the peace.
600 block of Lapalco Boulevard - Nov. 23, 3:31 p.m., vehicle wreck.
6300 block of Lapalco Boulevard - Nov. 23, 5:18 p.m., suspicious person.
Lapalco Boulevard and Barataria Boulevard - Nov. 23, 6:13 a.m., suspicious person.
Lapalco Boulevard and Destrehan Avenue - Nov. 23, 2:12 a.m., vehicle wreck.
2900 block of Laurie Lane - Nov. 23, 12:16 p.m., vehicle wreck.
1500 block of Manhattan Boulevard - Nov. 23, 4:27 a.m., suspicious person.
400 block of Maple Avenue - Nov. 23, 9:40 p.m., disturbing the peace.
700 block of Marlene Drive - Nov. 23, 2:40 a.m., disturbing the peace.
2000 block of Mather Drive - Nov. 23, 6:27 p.m., theft.
2600 block of Max Drive - Nov. 23, 3:43 a.m., battery.
2900 block of Max Drive - Nov. 23, 10:15 a.m., theft.
3300 block of Normandy Court - Nov. 23, 10:56 p.m., suspicious person.
Petsmart - Nov. 23, 2:27 p.m., vehicle wreck.
200 block of Pine Drive - Nov. 23, 4:19 a.m., vehicle burglary.
Richelle Street and James Street - Nov. 23, 9:23 p.m., suspicious person.
3200 block of River Road - Nov. 23, 11:52 a.m., battery.
River Road and Ferry Road - Nov. 23, 9:04 p.m., suspicious person.
River Road and Ferry Road - Nov. 23, 9:19 p.m., suspicious person.
River Road and Ferry Road - Nov. 23, 11:49 p.m., suspicious person.
1100 block of Robinson Avenue - Nov. 23, 4:57 p.m., vehicle wreck.
3700 block of Sandy Lane - Nov. 23, 3:04 p.m., residence burglary.
Scotsdale Drive and Loch Lomand Drive - Nov. 23, 6:11 p.m., disturbing the peace.
20 Seven Oaks Road - Nov. 23, 10:55 a.m., suspicious person.
100 block of Southwood Drive - Nov. 23, 8:17 p.m., disturbing the peace.
2300 block of Stall Drive - Nov. 23, 7:15 p.m., battery.
Staten Avenue and Lapalco Boulevard - Nov. 23, 9:42 a.m., vehicle wreck.
1200 block of Street Michael Drive - Nov. 23, 9:41 p.m., disturbing the peace.
Stumpf Boulevard and Terry Parkway - Nov. 23, 7:54 p.m., suspicious person.
Stumpf Boulevard and Wright Avenue - Nov. 23, 6:33 p.m., vehicle wreck.
Terry Parkway and Westbank Exp - Nov. 23, 9:34 p.m., suspicious person.
100 block of Third Emanuel Street - Nov. 23, 4:57 a.m., criminal damage.
1400 block of Utah Beach Drive - Nov. 23, 10:26 a.m., robbery.
3300 block of Wall Boulevard - Nov. 23, 12:04 p.m., vehicle wreck.
100 block of Westbank Exp - Nov. 23, 12:56 p.m., theft.
100 block of Westbank Exp - Nov. 23, 1:19 p.m., vehicle wreck.
100 block of Westbank Exp - Nov. 23, 2:22 p.m., disturbing the peace.
100 block of Westbank Exp - Nov. 23, 2:24 p.m., auto theft.
100 block of Westbank Exp - Nov. 23, 5:25 p.m., theft.
100 block of Westbank Exp - Nov. 23, 9:20 p.m., suspicious person.
1600 block of Westbank Exp - Nov. 23, 4:17 p.m., vehicle wreck.
5300 block of Westbank Exp - Nov. 23, 5:44 a.m., suspicious person.
Westbank Exp and Ames Boulevard - Nov. 23, 8:32 p.m., vehicle wreck.
Westbank Exp and Street Ann Street - Nov. 23, 5:50 p.m., vehicle wreck.
Westwood Drive and Lapalco Boulevard - Nov. 23, 2:42 p.m., vehicle wreck.

Source: http://www.nola.com/crime/index.ssf/2012/11/jefferson_parish_sheriffs_offi_1169.html

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Fiscal cliff looms as Congress, and lobbyists, return to work (cbsnews)

Share With Friends: | | Politics - Top Stories Stories, News Feeds and News via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/266374455?client_source=feed&format=rss

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Rihanna Shares Photo of Chris Brown in Bed on Twitter

It was a Twitter-heavy weekend for are they or aren't they a couple Rihanna and Chris Brown. First Rihanna shared a photo of a shirtless Brown on his bed and then a day later, Brown got into a public Twitter feud that led to him deleting his entire Team Breezy account!

Source: http://www.ivillage.com/rihanna-shares-photo-chris-brown-bed-hours-he-leaves-twitter/1-a-504237?dst=iv%3AiVillage%3Arihanna-shares-photo-chris-brown-bed-hours-he-leaves-twitter-504237

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Why So Much Confusion About Holdover Tenants? ? Retail Real ...

There really is such a thing as a ?holdover? tenancy, but our experience has taught us that not a lot of us know what it is. So, today, we?ll either be clearing this area up or adding to the confusion. We?re sure our loyal followers will let us know either way.

Last week, Ruminations overstayed its welcome with a very lengthy piece about landlord lien waivers. If you haven?t finished digesting it, press on because it was very, very well received. This week, our goal is to get in and out, hoping to average, over the two weeks, a reasonable size blog posting.

To know what characterizes a holdover tenancy, you?ve got to know what it isn?t. It?s not a ?Term of Years? (?Tenancy for Years?); it?s not a ?Periodic Tenancy?; and, especially, it is not a ?Tenancy at Sufferance.?

When you hear or see ?Term of Years,? focus on the word ?Term,? not on the word ?Years? because, to qualify as one, it just needs to have a fixed term. It needs a starting date and an ending date. Basically, it?s the kind of lease we are all accustomed to seeing. The starting date can be explicitly stated or can be implied based on the date of execution or delivery. The ending date can be a fixed date or can be ?X? days, months or years after the starting date. One way or the other, you will know when the term begins and when it ends. The end of the lease term happens without any need for one party to give the other any notice and without any need for something to fall out of the sky. It?s over when it?s over (Ain?t it baby, Ain?t it. Rips ya like a dagger, Can it baby, Can it. Wish we could do it over. Damn it baby, Damn it. We had it in the air, we just ?) [Cowboy lyrics by Eric Church]. What happens if a tenant overstays its welcome depends on what the lease says and the particular facts in play. For today, to keep it short, we?re going to assume that readers of Ruminations are dealing with ?overstaying? in their written leases.

In contrast, a ?Periodic Tenancy? ain?t ?over when it?s over? because a ?Periodic Tenancy? has no defined ending date, the ?term? just keeps rolling over and over. Think month-to-month or year-to year. Without going over the detailed rules, suffice it to say that if neither landlord nor tenant gives the other a sufficient notice (with the time requirements for such varying from jurisdiction to jurisdiction), the tenancy repeats week by week, month by month or year by year, depending on what its initial periodicity might have been. The periodicity might be stated in the lease; otherwise, it generally matches the rent interval ? e.g., monthly rent means a month-to-month tenancy. That?s not a complete statement because what appears to be a monthly rent might actually be an annual rent payable, as a privilege, in monthly installments. A Periodic Tenancy commonly follows the end of a Term of Years. To put an end to a periodic tenancy, one party must give the other notice. The length of notice generally matches the ?period,? e.g., a month?s notice for a month-to-month lease. Often, a state?s law will set six months as the notice period for a year-to-year lease. And, the measuring date for notices is almost always based as if each period starts on the first day of a month. That?s often misunderstood with the result being that a lot of defective ?one month? notices are sent. For example, termination notices for month-to-month leases almost always need to be sent a ?calendar month? in advance. That means a notice sent on November 15 would be effective on December 31, not December 15. Worse than that, some courts will ?toss out? an entire notice sent on November 15 if it states that the month-to-month tenancy is terminated as of ?December 15,? making a whole new notice mandatory. The lesson is that you have to know ?how it works? in the jurisdiction where the property is located.

?Periodic Tenancies? are not common ways to start a landlord-tenant relationship. Nonetheless, the rules for them are important because many leases for a fixed term (a ?Term for Years?) are written such that they will continue as month-to-month arrangements after the stated term has ended, with all of the other lease?s provisions remaining intact. Keep that in mind as we crawl toward our discussion of the true ?holdover? tenancy.

Next, we get to the ?Tenancy at Will.? Although this is mainly relegated to non-commercial situations ? social situations such as ?stay as long as you like,? commercial arrangements of this sort do exist. At common law, these could be ended at the ?will? of the landlord or tenant. Today, for the rare commercial Tenancy at Will, statutes commonly set forth a one (calendar) month termination notice requirement. A Tenancy at Will is not a ?holdover? tenancy, though from reading a lot of leases, it seems that many parties think it is.

That leaves us with the ?Tenancy at Sufferance,? a ?wrongful? tenancy. Yes, if a tenant overstays its welcome (meaning it stays in possession after one of the previous three tenancies ends), it is a trespasser ? it shouldn?t be there; it is wrongfully ?holding over.? In our trade, the leasing trade, this is what we (should) mean when we speak of a ?holdover? tenancy. Basically, it is the landlord?s choice or the terms of the lease that determine whether you have a ?Tenancy at Sufferance.? If the lease is silent, the landlord can ?permit? its tenant to stay in possession, thereby creating a Periodic Tenancy, or it can deny its (now former) tenant the right to lawfully remain in possession. If the lease sets forth different ?rules,? the lease ?trumps? the landlord?s free will choice.

Here is where the text of a lease is critical. If a lease says that if the tenant hangs on after the term, the tenant becomes a month-to-month tenant (a ?Periodic Tenancy?), then the tenant isn?t a ?holdover? tenant. Similarly, if a lease says that staying beyond the term creates a Tenancy at Will, the tenant isn?t a ?holdover? tenant. That?s because, in each case, the tenant remains at the premises with the permission of the landlord and has the right to be there. And, that ?permission? remains in force until one party gives the other proper notice and the notice time has run. Go read your lease form. What does it say? If your lease form provides for a Tenancy at Will or a Periodic Tenancy, then the lease?s provisions continue in force and the rent is whatever your lease says it is.

What makes a ?holdover? tenancy special? Basically, because it is wrongful. That means that, as a trespass, a landlord may be entitled to tort damages. For a refresher on ?damages,? click HERE. Holdover tenancies are so common that many states provide for a statutory ?rent,? often double the last rent or double the ?fair market rent.? Some states require that a landlord first make a demand for possession, but that?s not a universal rule. Court decisions teach that trivial retention of possession (like leaving some easily movable or removable furniture behind) does not create a Tenancy at Sufferance. A tenant forced to remain in possession, such as by reason of a broken elevator or a utility blackout, is generally not treated by courts as a ?holdover? tenant under ?holdover? statutes.

We?d be remiss if we bailed out for today without telling readers that parties can vary a statutory ?double? rent remedy by providing otherwise in their lease, not only by reducing the ?holdover? rent, but also by going ?bigger? than double. In the ?less than double? class, figures like 125% or 150% are quite common (when negotiated), as are step approaches ? 110% for the first 60 days, 150% thereafter, being examples of such. In the ?go even deeper? approach, we?ve seen aNew ? Jerseycourt approve an agreed-upon ?tripling.? Logically, there must be some limit. Look to your state?s court cases. Also, it isn?t uncommon to state that the holdover rent is to be paid for an entire month, even if the holdover doesn?t last that long. There may be some case law as to whether that is an unenforceable penalty or as to whether you?ve created a new tenancy, but we haven?t seen any, nor have we done any research. Perhaps one of our readers has done so and is willing to ?share? by posting her or his comment.

There?s a practical side to what has preceded this point. It is that landlords and tenants need to figure out just how they want to handle ?what happens when the scheduled lease term is over.? If there is no bargaining power at the table for one party or the other, then it will be a Hobson?s choice. [?Take it or leave it ? you remember our October 14 posting?] If there is bargaining power all around, then the two sides can duke it out when writing the lease. Perhaps, the lease term should be extended on a month-to-month basis unless one party notifies the other at least six months before the end of the stated term that the term will not be extended. After all, without a notice period, once one party has affirmatively told the other that ?this is really the end,? what is really happening is that the landlord or the tenant, as the case may be, is jockeying for a negotiating advantage.

What do we mean? Well, in our experience (and from reading a lot of cases), a common scenario goes like this. (1) The end is near. (2) The parties begin discussing a lease extension, say for 5 or 10 years. (3) The lease term ends. (4) The parties are still discussing a lease extension. (5) The landlord gets impatient. (6) The landlord threatens to evict its tenant. (7) The tenant leaves. (8) The landlord claims double ?holdover? rent. (9) The landlord loses because it really didn?t know that permissive possession by a tenant isn?t a trespass; isn?t a ?holdover.? (10) Both parties are unhappy.

Maybe the ?tale of woes? just related suggests that sophisticated parties should negotiate for a three to six month notice period so that the tenant can leave graciously and its landlord will have time to start looking for the next tenant.

The subject of ?damages? for causing loss of the ?next? tenant is beyond the scope we set out for today?s posting. So, we?ll stop here.

Source: http://www.retailrealestatelaw.com/2012/11/why-so-much-confusion-about-holdover-tenants/?utm_source=rss&utm_medium=rss&utm_campaign=why-so-much-confusion-about-holdover-tenants

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Top 10 Worries for the Real Estate Industry in 2013 | Commercial ...

Based on the 2013 Emerging Trends in Real Estate survey, conducted and published by ULI and PriceWaterhouseCoopers, here?s a list of the Top 10 Worries for the Real Estate Industry in 2013:

10. European financial instability

9. Federal fiscal deficits/imbalances

8. Construction costs

7. Refinancing

6. Tax policies?

5. Global economic growth

4. Income and wage change

3. Vacancy Rates

2. Interest Rates

1. Job Growth

Also, be sure to check out our previous Top 10 based on this ULI survey, Top 10 CRE Trends in 2013.

This ranking comes from a survey of U.S. real estate professionals?investors, developers, operators, and so on?asking respondents to name their greatest concerns in three different categories: Economic/Financial, Social/Political, and Real Estate/Development.?Each of the issues in these three categories received a score between 1 and 5. The most popular choices appear above.

Interesting side note: Social/Political issues like terrorism/war, social inequality, and global warming received far lower scores than such issues as interest rates and tax policies. ?I don?t have a joke or glib remark to follow that; it?s just an observation.

Of course, there?s a lot of overlap among these issues. Job growth goes hand-in-hand with numerous other concerns, whether general economic matters or specific real estate concerns.

In light of these issues, it isn?t too difficult to guess how the real estate industry will proceed next year. We can expect further demand and high activity in the core markets, and certain core neighborhoods that are supported by drivers like a transit hub, large university, or popular commercial district. As far as core markets go, the ULI suggests, it will be far more profitable to develop (or, in most cases, renovate/repurpose) properties than acquire existing product at super-low cap rates.

Unfortunately, these concerns also suggest further sluggish activity in secondary and tertiary markets, but even these markets offer some opportunities in existing properties, as well as industrial and multifamily. As always, the advantage will go to CRE markets with a high volume of technology and energy industry companies.

?

Source: http://llenrock.com/blog/top-10-issues-affecting-the-real-estate-industry-in-2013/

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