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Legal Line Broadcast Sept. 1st, 2010
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Bob talks with Corey Sulenes from Mobius Technical Solutions, then answers listener questions he received via email.
Dust off the Constitution
In light of all of the controversy over the building of a Mosque near Ground Zero, I picked up my copy of the Constitution and reread the First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Post 9/11 days seem pretty frightening. I suspect they seemed scary during World War II, especially right after the bombing of Pearl Harbor. I did not live through World War II and so I don’t know how I would have reacted. But, I look back on what was done to U.S. Citizens in the forced removal and incarceration of Japanese Americans and wonder what history might teach us about today’s circumstances, recognizing, of course, that every situation has its own context and its own set of facts. We are not reliving the past, but what do we learn from the past that might help us deal with the present and the future that we will make for ourselves? I don’t pretend to know the answer. But, let’s all hold up the First Amendment, high above our heads, and recommit ourselves to upholding our Constitution and keeping the dialogue that was started more so many years ago alive and well.
We are working on a project for Legal Line on the Bill of Rights. Our Constitution really is an incredible document and the Bill of Rights is amazing. We will have a special podcast available in a few weeks that will present the Bill of Rights to us all again, in a very engaging way – stay tuned.
Reverse Mortgages and Second Homes
If you think you (or a parent/grandparent) might be in line for a reverse mortgage, take time to read The New Reverse Mortgage Formula, by Tom Kelly. I met Tom when I hosted Legal Line with Bob Pittman on KIRO and KTTH Radio. I sat in for Tom from time to time on his nationally syndicated Real Estate Today. He is a real expert when it comes to reverse mortgages and you’ll find essential tips and pointers in his book. He answers questions like how much can you borrow and what will the costs be, picking the right program (yes, there are several to choose from), and he talks about the early industry “black eyes” as he calls them. Along with the book, you may want to check out a recent article discussing the new reverse mortgage limits (http://www.silverplanet.com/money/real-estate/reverse-mortgage/new-reverse-mortgage-limits-help-more-seniors-stay-their-homes/57034).
While we are on the subject of real estate, what about a second home? Tom Kelly has a series on second homes, starting with How a Second Home Can Be Your Best Investment to Cashing In on a Second Home in Mexico and Cashing In on a Second Home in Central America. Tom provides solid advice and recommendations if you are in the second home market. We’ll have to invite Tom on a segment of Legal Line with Bob Pittman and we can all quiz him about today’s real estate market. Stay tuned.
Lucy as my Legal Clinic
I learned a lot about the law from watching I Love Lucy. Wait a minute, shouldn’t that be Perry Mason or maybe Dragnet at least? No, Lucy, Desi, Fred and Ethel taught me quite a few basic (and some advanced) legal principles along with some terrific self-help tips and pointers. I’m not old enough to have caught the original series when it was first broadcast. I took in the reruns, reruns, and more reruns, and finally the DVD set (see I Love Lucy: The Complete Series, released in 2007).
I remember when Lucy and Desi went into business together with Fred and Ethel (Episode #92, from April 26, 1954). After some discussion of potential business ventures (today, we’d need to have a prospectus or offering circular to review), the gang decides to answer an advertisement (solicitation) about a diner. We learn negotiating tips when they arrive at the purchase price and terms and we are then introduced to the basics of partnership law as the foursome divide up the duties and begin business operations. Clearly, Fred and Ethel are stuck with the greasy spoon work, while Desi and Lucy greet the guests and handle the marketing end of the business. As the inevitable discord develops, we find our hapless couples engaged in an informal partition action, i.e., they split the diner in half, with “A Little Bit of Cuba” on one side and “A Big Hunk of America” on the other. The battle ensues over a lone inebriated customer and the original owner returns to buy back the business for a reduced price (all in just a half hour). In the legal world, the original owner might be sued for fraud, or at least be the subject of an action by the state attorney general. In our I Love Lucy world, we settle for a pie in the face. I think the pie in the face is somehow more satisfying than a lawsuit.
My professors at the University of Washington School of Law may want to disown me (again), since discerning the law from time spent with them and in the law library stacks is supposed to be the way I learned enough about the law to pass the Bar and engage in the practice. But, truth be told, I learned it all from watching I Love Lucy. Stay tuned for more episodes and I promise to share what I learned with you.