Financial
Protecting your assets from lawsuits
Many bankruptcy cases start with an unexpected court case
It’s on nearly every list of the most popular New Year’s resolutions — getting out of debt. Lately, it’s been right up there with that perennial favorite, losing weight. For those fortunate enough not to know the feeling of impending doom that comes with large debt, congratulations. The problem is a huge one. In 2011, in Maryland alone, there were more than 25,000 bankruptcies filed. Staggeringly, that’s is a decrease of nearly 14 percent from 2010, when the number surged to almost 30,000, increasing by nearly 15 percent over 2009.
I have spent the better part of the last two decades working closely with people who have gotten in over their heads. Sometimes it was simply poor planning, but more often than not, it was an unexpected event. Most you can probably guess – medical bills, family problems, and job loss just to name a few. But one major risk doesn’t seem to make it onto anybody’s radar screen even though it has been the subject of many “special reports” — unforeseen litigation.
Many people believe that if they are not in business for themselves, they don’t need to worry about litigation. Others believe that if they insure themselves, they are immune. I have heard lots of reasons why people believe they are safe. Unfortunately, most are wishful thinking. There are very few ways to protect yourself against an unfounded lawsuit. The judicial system in this country is designed, as it should be, to give people their day in court whenever reasonable. While this system generally works as well as any system could, there are, as there must be in any imperfect system, situations where the system is abused. Insurance is helpful, but I have seen more than my share of cases where insurance has refused to cover a situation, or where the insurance coverage was insufficient.
While there is no real way to keep yourself from getting sued, there are ways to make yourself a smaller target. Probably the easiest and most direct is to put yourself in a position where, even if you lose, the winner would not be able to collect. Remember that a judgment in a court of law is little more than a piece of paper saying that one side owes the other money. The value in the judgment is the ability to collect on it. This is done in a variety of ways, which include, within the limits of the law, taking possessions or accounts owned by the defendant and turning them over to the plaintiff. If the defendant has nothing to take, the judgment has very little value. Perhaps more important, if a plaintiff knows that the best possible result of a lawsuit is a useless judgment, he or she may think twice before incurring the legal fees to get it.
So, on a practical level, how does one keep his or her property from being available to people who may obtain a judgment? The law is very clear that people may not transfer away property in an attempt to hinder, delay or defraud the people to whom they owe money. But there are ways to legally and ethically protect yourself. Frequently, these include certain kinds of trusts, LLCs, or other models designed to allow a person to control assets that he or she does not own. However, just as it is easier to never gain weight than it is to try to lose it, it is also easier to protect yourself NOW, before there is a lawsuit filed against you, than to wait and try to protect your assets later. As an added benefit, it takes a whole lot less time on the Stairmaster to protect your assets than it does to lose a pound.
As with other areas of law, proper asset planning requires a complete analysis of facts and circumstances relevant to each individual’s situation. Nothing in this column should be considered legal advice nor should it be acted upon without obtaining your own legal counsel.
Real Estate
‘Culture eats strategy for breakfast’
Real estate agents must adapt, learn how to manage from within
“Culture Eats Strategy for Breakfast” was a phrase often repeated in many of my management courses from the University of Illinois. The concept was discussed at length – how the best laid plans can sometimes be supported or derailed by the culture of the people involved in whichever project to be implemented. Whether it be a project to implement new software, roll out a new product or service, or just reaching a sales target, the way the team involved works together can indeed affect the outcome.
Perhaps this is just another way to say, “teamwork makes the dream work!” Most teams usually have someone who is designated as a leader. The leader can try to lead through authority and control or can alternatively try to lead through influence and encouraging a more collective framework for solving problems.
Why does this matter when picking the right real estate agent or team to work with? Besides having a job as a salesperson for the brokerage, the real estate agent is contractually bound to act on their client’s behalf. The buyer broker agreement is in place so that the agent and the client can work together as a team in communications regarding offer strategy, during negotiations, implementing marketing plans, as well as selecting which renovations or upgrades to choose before selling a property. After the property goes under contract, the job isn’t “done”. There is still work to do.
At this point, the agents then turn into a project manager of sorts – coordinating communications between the lending team, the title attorneys, the other client’s agents, any governmental agencies that could be involved in down payment assistance or helping to clear a property for a sale, and often times groups like a condo board, a home inspector, or contractors when arranging repairs and estimates before a final walk through.
In short, the agent takes on somewhat of a “leadership role” in the transaction and ensures that all the ducks stay in a row until the project is complete. That agent will hopefully be very fluid and forthcoming with their information, copying the required parties on all communications and creating a “paper trail” of who said what or didn’t offer to fix A, B, or C, so that all the minutiae of the contract can be addressed and fulfilled before the settlement date. The agent often must wear many hats and quickly learn the communication styles of an entire new set of people in a short period. One person may not return calls for a week after being contacted. Another person may go on vacation at the beginning of the process and not return emails for two weeks. Another person may wish to have daily updates of the progress of the process.
In this way – an agent quickly learns in each transaction that “culture can eat strategy for breakfast.” Because the agent must adapt to a wide variety of communication styles, learn how to “manage from within”, build support for closing the project by the due date, and somehow keep all the interested parties invested, engaged, and responsive.
Who you work with matters when picking the right person to represent you in your next transaction – so, just remember that “teamwork makes the dream work!”
Joseph Hudson is a referral agent with RLAH. Reach him at 703-587-0597 or [email protected].
Real Estate
Does Pride decor resemble Trump’s design aesthetic?
Glitter, gold, and rejecting the idea that a home should be understated
Interior design is often a balancing act between taste, personality, and restraint. Sometimes, however, restraint leaves the building entirely. Such is the case when the colorful exuberance of gay Pride-inspired decorating collides with the famously excessive decorating style associated with the current occupant of the White House. The result can be a fascinating study in maximalism, spectacle, and unapologetic visual overload.
Donald Trump’s personal decorating style has long been a subject of debate among designers and critics. Admirers see luxury and grandeur. Critics see something else: a dizzying display of gold leaf, marble, mirrors, crystal, and oversized furnishings that often crosses the line from elegant into what many designers would call tacky. More is rarely enough. If one chandelier sparkles, three are better. If a room has gold accents, why not make every available surface gold? (See Oval Office and ballroom rendition for details.)
In many ways, this excess shares common ground with certain Pride celebrations. Pride has never been about blending into the background. It celebrates visibility, self-expression, individuality, and joy. Rainbow colors, dramatic costumes, glitter, flamboyant artwork, and bold statements have long been part of Pride culture. Yet there is an important difference. Pride’s extravagance is often playful, self-aware, and rooted in personal expression, while Trump’s aesthetic has frequently been criticized for equating luxury with sheer quantity and visual intensity.
Combining these influences creates an interior that could best be described as “glamorous chaos.”
Imagine entering a living room in which gold-trimmed mirrors stretch from floor to ceiling. Crystal chandeliers hang above a bright rainbow velvet sectional. Marble floors gleam beneath metallic furniture that appears determined to reflect every available light source. Pride flags become framed artwork surrounded by ornate gold moldings. A room designed this way doesn’t whisper. It shouts.
Color is central to the concept. Pride-inspired interiors often embrace the full spectrum of colors. Trump’s style, meanwhile, traditionally favors cream, gold, black, and glossy finishes. Combining them means introducing vivid jewel tones against a backdrop of faux-palatial luxury. Emerald green chairs, ruby-red draperies, sapphire-blue accent walls, and gold-trimmed furniture can coexist in a way that feels deliberately theatrical.
The key word is theatrical.
Many professional designers spend years learning how to create visual balance. A Pride-meets-Trump interior intentionally ignores many of those rules. Pattern competes with pattern. Shine competes with shine. Artwork competes with furniture. The eye rarely gets a chance to rest. For some homeowners, that sounds exhausting. For others, it sounds like the perfect party.
Lighting offers another opportunity to embrace excess. Crystal chandeliers, mirrored lamps, illuminated shelves, and color-changing LED lighting can transform a room into something resembling a cross between a luxury hotel lobby and a Pride festival. The goal is not subtlety. The goal is spectacle.
A dining room inspired by this combination might feature a massive glass table, gold dining chairs, rainbow floral arrangements, mirrored walls, and enough crystal accessories to keep a polishing cloth busy year-round. Critics would call it gaudy. Fans would call it fabulous.
Artwork becomes particularly important. Pride-themed pieces featuring LGBTQ+ history, activism, and culture can provide meaning beneath the decorative excess. Without these personal and cultural elements, the room risks becoming little more than a collection of expensive looking, but not necessarily expensive, objects. Pride design can work best when it reflects identity and community rather than simply displaying color for color’s sake.
While normally a haven for restful sleep, bedrooms can take a similar approach. Plush velvet fabrics, oversized tufted headboards, metallic and mirrored finishes, colorful accent lighting, and dramatic artwork create a space that feels more like a boutique hotel suite than a traditional bedroom. Again, the challenge is avoiding the temptation to add one more decorative element to an already crowded visual landscape.
What makes this design combination interesting is that both aesthetics reject the idea that a home should be understated. Both embrace visibility. Both invite attention. Both encourage occupants to take up space unapologetically. Yet where Pride design often celebrates authenticity and self-expression, Trump’s decorating style is frequently criticized for prioritizing conspicuous luxury over cohesion and refinement.
The result is an interior style that many people would consider delightfully outrageous and others would consider a decorating nightmare. Either way, nobody is likely to forget it.
In the end, a Pride-inspired interpretation of Donald Trump’s famously over-the-top aesthetic would be colorful, glittering, excessive, and impossible to ignore. It would break nearly every rule of minimalist design while embracing the philosophy that if something is worth doing, it is worth overdoing. Whether one sees that as fabulous or tacky may depend entirely on how much gold leaf and rainbow velvet one can tolerate in a single room.
Valerie M. Blake is a licensed associate broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her at [email protected] or follow her on Facebook at TheRealst8ofAffairs.
While one would hope it’s easy to calculate a break-even point for a home purchase – such as you could calculate for “how many widgets a month do I need to sell to break even?” It’s not always easy when looking at the return on investment for a home purchase. Condo buildings can lose a view due to new construction next door. Weather patterns can expose deficiencies. Conversely, new dining and entertainment options in a neighborhood can cause home prices to skyrocket. The addition of public transportation and employment options can make a neighborhood more desirable. Or, as we have recently seen in the District of Columbia – an incoming presidential administration can severely affect the “vibe” of an entire city’s economy – for better or for worse.
Homeownership is not necessarily a get rich quick scheme. Most homeowners find that staying in a house for at least 5-10 years – whether owner occupied or not, makes for a significant return on their investment. An owner may not completely pay off a home in 10 years, but they might gain enough equity that they can receive quite a large check when they decide to sell or move. And the old reasoning that “your apartment rental community does not cut you a sizeable check when moving out after 15 years.” still stands. Is homeownership for everyone? Absolutely not. But many have reported other benefits besides purely financial gains. What are those benefits?
- Feeling a sense of community. – homeowners tend to take more pride in their buildings and neighborhoods, because they feel more invested and tend to want to protect their investment. Neighborhood watch programs, getting to know elderly neighbors, forming building wide or cul-de-sac wide favorite TV show watch nights, super bowl parties, and other such communal and social ties lead to an overall sense of wellbeing and help to stabilize a nervous system in uncertain times.
- Feng Shui? Well, maybe there’s something to it. If you have been wanting to customize your own home but live in an apartment, there are many more restrictions on what you can do in a rental, than when you own your own home. Do you want new countertops? Would you love to remove that popcorn ceiling? Open up that kitchen? Convert the back yard into a curated patio/cold plunge/hot tub time machine cookout/spring break adventure campsite of your wildest dreams?
- Forming longer lasting relationships – sharing that CostCo membership with others on your floor, making a pan of lasagna and inviting the neighbors over for dinner, picking your neighbor’s brain for stock investment advice, asking your neighbor’s son to help you create a marketing plan for your new business, hosting the Friendsgiving you dreamed of – there are multitudes of reasons and ways that homeowners tend to feel a sense of community, sharing of resources, and realizing over time that “it takes a village.”
- Higher civic engagement – Studies have shown that homeowners tend to be more politically active in their districts, participate in local school boards, know the names of and how to contact their local representatives to affect change, etc. Having a higher financial investment in and a commitment to stay in a neighborhood beyond just one or two years makes a big difference in who decides to show up at election time, especially for local elections.
If you would like to know more about the research on homeownership, feel free to read the report from the National Association of Realtors here.
Joseph Hudson is a referral agent with RLAH. Reach him at 703-587-0597 or [email protected].
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