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Ian Lind • Online daily from Kaaawa, Hawaii

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Speculators scoop up Kaaawa foreclosures

January 29th, 2012 · Business, Consumer issues, Politics

So what happens to all the foreclosed properties we read about in the news?

ForeclosuresThree foreclosed homes located behind the Kaaawa post office were recently bought by a real estate group specializing in buying and “flipping” depressed properties. The same group is already targeting two more homes in the neighborhood.

Get Tubed LLC, owned by investors Travis Wittmeyer and Kanoa Bristol, closed the deal on the three foreclosed homes on November 25, 2011, real estate records show.

Wittmeyer and Bristol are also partners in Blue Wave Investment Solutions LLC, according to state business registration records.

Wittmeyer, in a telephone interview, said Blue Wave is their primary company, which then sets up spin-off companies for each separate deal involving a set of properties.

Two of the Kaaawa houses are on Kekio Road, just behind the Kaaawa Post Office. The other is just around the corner, at the intersection of Lihimauna and Hiiaka.

The homes were built in 2007-2008 by the former owners of the properties, Michael and Daniel Sessions, and were taken back by the lender in 2010.

The original lender was IndyMac Bank, which later which was reopened as OneWest Bank after being taken over by federal regulators. None of the homes has ever been lived in, and reportedly need substantial repairs before being ready for occupancy.

The houses are on portions of two larger lots that were registered as condominiums in order to build multiple structures in an area zoned for single family homes. Wittmeyer said they found a number of problems with the original CPR, including confusion over exact property lines and differences in property records between various agencies.

Wittmeyer and Bristol were able to buy the three homes together for a total of $861,520.

According to real estate records, the three properties are:

1-5-1-11-19-1
Kekio Road Estates II, Apt. 1
2 bd, 2 bath
7,442 land area
1,442 living area
$267,368

1-5-1-11-19-2
Kekio Road Estates II, Apt 2
3 bd, 2 bath
8,083 land area
1,582 living area
$297,076

1-5-1-11-20-1
Kekio Road Estates I
2 bd, 2 bath
12,487 land area
1,442 living area
$297,076

Private financing for the deal came from ITI Enterprises LLC, registered with the state just days before the closing of this deal, business registration records show.

ITI is made up of Turtle Bay Land Company, headed by Michael Mazzella; Intelligent Investments LLC, with members Christopher Jay and Tiffany Jay, who in an online video is introduced as vice-president of Turtle Bay Land; and Ionsolutions LLC, controlled by Raymond WM Kong.

Mazzella’s profile on LinkedIn describes him as “Millionaire Mentor & Best-selling Author of the book “Win!”

Mazzella also markets intensive training courses in real estate through another company, Honolulu Mentor.

Wittmeyer said his company often buys several homes in an area, and he is already looking to buy two additional Kaaawa homes, with one already in escrow. Last year, the company turned over ten homes in Wahiawa, he said.

Wittmeyer said his company specializes in finding under-market values, “something we can improve and put back on the market.”

He said the Kaaawa homes are “pretty typical” of what the company looks for.

The company will do necessary repairs and improvements on the three homes in phases over the next several months, and put each on the market as repairs are completed.

“We don’t want to put all three on the market at one time,” he said.

Wittmeyer said they will be addressing several issues, including drainage problems in the area. Owning the three properties will aid them in making necessary adjustments, Wittmeyer said.

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A surprise in the back yard

January 29th, 2012 · General, Kaaawa

When I’m short of cat photos for Feline Friday, I take a camera with me out into the yard in the mid-to-late afternoon. The cats follow. I feel liked the Pied Piper, with the camera as my magic instrument. The cats seem to know that they’re going to be on camera, and they enjoy it. Or maybe they just enjoy getting crazy in the afternoon sun. Who knows?

In any case, it’s nice to discover other things out there in the yard, like this beautiful heleconia. Conditions must be just right over in that corner of the yard, because this plant is large, thick, and obviously very happy.

Heleconia

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Montana Supreme Court upholds ban on corporate money in elections

January 28th, 2012 · Campaigns, Court, Politics

Gotta love Montana.

A column by former Nixon attorney, John Dean, called my attention to the importance of a Monntana Supreme Court decision issued at the end of last year.

While the U.S. Supreme Court’s granting of personhood to corporations in the now infamous Citizens United v FEC case continues to reverberate, the Montana Supreme Court challenged the ruling by upholding the state’s total ban on corporate money in politics.

Since 1912, Montana has banned direct political contributions by corporations, as well as independent expenditures of corporate funds either for or against candidates. However, the state does allow political spending by corporate political action committees as long as they are funded by voluntary contributions by corporate employees, officers, or shareholders.

In an 29-page decision adopted by a 5-2 vote, the court held that the specific facts of corporate corruption in Montana history provided a compelling justification for the prohibition on corporate money. Two dissenting opinions, though, were spelled out over an additional 50 pages of detailed argument.

Dean wrote:

The MSC majority reasons as follows: “The Dissents assert that Citizens United holds unequivocally that no sufficient government interest justifies limits on political speech. We disagree. The [U.S.] Supreme Court held that laws that burden political speech are subject to strict scrutiny, which requires the government to prove that the law furthers a compelling state interest and is narrowly tailored to that interest.”

Accordingly, the MSC majority proceeded to assemble facts showing that the Montana legislature had a compelling state interest when—one hundred years ago—its members enacted the Montana law that prohibited corporations from making campaign contributions. What was that interest? It was to reverse the situation as it then stood in Montana: Corporations had, at that time, utterly corrupted the state’s government.

The state’s case in defense of the prohibition on corporate spending had several parts. First, the state argued that setting up a political action committee is simple and cannot be compared to the complexity of establishing and maintaining a PAC under the complexities of federal election law.

Second, based on depositions of the plaintiffs, the state established that the existing law had not prevented companies and industry groups from being active participants in politics.

Third, reviewing Montana state history, the state recounted the massive corporate corruption of the late 19th through the mid-20th centuries, including findings of Congressional investigations into several matters. The state’s political history is one of “naked corporation manipulation” of the government and legislature through bribery and other forms of corruption.

Fourth, the state established that Montana elections cost less than in other parts of the country, allowing smaller amounts of money to make significant impacts on election outcomes.

In any case, I would recommend reading through the decision, which is likely heading for a review by the U.S. Supreme Court.

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12 years of iLind.net

January 27th, 2012 · Blogs, History

A friend Googled “ilind.net” today and alerted me to the importance of the date.

The domain, iLind.net, was created on January 27, 2000, according to public domain records.

So today is its 12th birthday, anniversary, whatever.

I started in mid-September 1999, when the old Star-Bulletin was targeted for closure. For the first several months, I was blogging–well, it was really before blogging–I was writing online using a bit of web space provided with our home Roadrunner account.

Once it because clear there was going to be a protracted battle over the future of the newspaper, I set up a new site with its own name.

iLind. It seemed simple enough. There was the iMac. Soon to be an iPod, and iPhone. But the name has never really worked. People see and hear “island,” causing endless confusion. I really should choose a less confusing name, but I somehow never get around to it.

Happy Birthday!

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Protect the Puppies–Rally on Saturday, January 28

January 27th, 2012 · Dogs, Politics

Press release from Rep. K. Mark Takai:

ROADSIDE RALLY AGAINST PUPPY MILLS
Protections Needed for Puppies as well as People

Aiea, Hawaii – Community residents, Poi Dogs & Popoki, Hawaii Military Pets and other animal welfare advocates will hold a peaceful roadside rally at the Pearl Kai Shopping Center in Aieaon Saturday, January 28 from 11 a.m. to 1 p.m. in front of a pet shop allegedly selling animals from puppy mills.

The rally is being coordinated by Alicia Maluafiti from Poi Dogs & Popoki, Theresa Donnelly from Hawaii Military Pets, and Hawaii State Representative K. Mark Takai (D-Aiea/Pearl City).

The Aloha Pet Shop in the Pearl Kai Shopping Center in Aiea was recently opened by Sheryl Luke-Kalani, one of the property owners of the infamous Waimanalo puppy mill, owned by Bradley International. Luke-Kalani’s other shop, Pet Spot, in the Pearl Highlands area, closed shop possibly because of community outrage at the horrendous conditions in which their animals were kept. The pet store is where they sold their “puppy mill” puppies. The Aloha Pet Shop is located at 98-199 Kamehameha Highway.

Last February, the Hawaiian Humane Society removed 153 dogs living on property owned by Luke-Kalani. According to a December KITV news report, Luke-Kalani is the daughter of Vernon Luke, vice president and treasurer of Bradley International. Bradley International has pleaded no-contest to 153 counts of animal cruelty and is scheduled for sentencing in Kaneohe Feb. 15.

“Community residents and animal welfare advocates have come together to show Luke-Kalani and the Aloha Pet Shop that it is not ok with animal lovers on Oahu that she is opening another pet shop and selling more puppies,” said Rep. K. Mark Takai, one of the organizers of the rally. “As one of the representative of this community, we need to protect not only the animals but the people that purchase them.”

“Instead, we hope more people will adopt shelter animals, or at the very least personally inspect the breeding home. A pet store is no place to obtain a forever animal,” said Theresa Donnelly, owner of Hawaii Military Pets.

To better protect pets and consumers, organizers believe Hawaii should follow Wisconsin by passing mandated licensing and registration for dog breeders and sellers such as pet stores. Lawmakers have introduced a number of legislative solutions to address “puppy mills,” but Alicia Maluafiti, President of Poi Dogs & Popoki, doesn’t believe targeting just large scale breeders goes far enough.

“The Wisconsin law covers more than “puppy mills” because breeders come in all sizes,” Maluafiti said. “The suggestion that only very large breeders need regulation misses an important point: There are very good large breeders, and there are very bad small breeders. Neither is inherently good or bad,” she added.

“We simply want reputable breeders that are committed to unannounced inspections, upholding standards of care, and putting the health of the mommy and the puppies before making a quick buck,” Maluafiti added.

“Hawaii is no place for raising animals in substandard conditions. We are coming together to show our solidarity in ending Hawaii’s unethical breeding practices,” Takai added.

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Feline Friday: Stalking Mr. Romeo

January 27th, 2012 · Cats, Photographs

[text]I’ve tracked down where Romeo has been disappearing to. He goes off, often for several hours, and returns quite often with new nicks and scratches. Sometimes he comes home exhausted and crashes for most of the day or night, a sign that he’s on the downhill side of a pumped-up adrenaline rush confronting another cat.

So I did what any parent would do. I stalked him. I’ve seen Romeo several times returning from one corner of our yard that leads into four acres of state-owned land, now leased to a nonprofit group which is building a small retreat center. They recently cleared an area bordering the two houses next door to us. I can’t get there directly from our yard because our end is just too overgrown. Hence the walk around the block.

So one afternoon when Romeo couldn’t be found around the house or anywhere in our yard, I went for a walk. Down the street, left turn, then another left at the next corner, and back to the end of Hiwahiwa Road, which is just at the back of our stretch of four houses.

As I walked out into what is now a mostly mowed field, I noticed a bit of gray in an area of raw dirt in the distance. As I approached, two things happened. First, a big gray and white cat, a hefty male, took off running for cover. Second, Romeo looked up at me but otherwise didn’t move. He’s been a sometimes wanderer through our yard, but Romeo has kept him at bay. Now, it seems, Romeo’s is gone on the offensive. When I found him, he was making “big body,” with his fur puffed up to make him look bigger and scarier.

[text]Apparently I interrupted what we refer to as a meatloaf session, a reference to cartoonist B. Kliban’s famous definition of a cat: “One hell of a nice animal, frequently mistaken for a meatloaf.”

If you’ve ever introduced a new cat to a cat household, you’ll recognize the meatloaf phase. First, it’s hiss and run. Then there’s perhaps hiss and fight. And then there’s hiss and hunker down, sitting for long periods staring at each other, dueling meat loafs. At some point, at least in the household setting, it eventually settles down into a relationship. But I don’t know how this really works out there in the big mean world of cats. Perhaps they are close to making a deal. Perhaps it was just a break in the fighting.

Mr. RomeoIn any case, here’s Mr. Romeo, back from the meatloaf wars.

–>Click here to see the rest of this Feline Friday’s foot gallery.

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Internet tracking bill getting national attention

January 26th, 2012 · Computers, Consumer issues, Politics

Big Brother wants to now what you’re doing online.

From CNET this morning:

Hawaii’s legislature is weighing an unprecedented proposal to curb the privacy of Aloha State residents: requiring Internet providers to keep track of every Web site their customers visit.

Its House of Representatives has scheduled a hearing this morning on a new bill (PDF) requiring the creation of virtual dossiers on state residents. The measure, H.B. 2288, says “Internet destination history information” and “subscriber’s information” such as name and address must be saved for two years.

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What’s up with ethics?

January 26th, 2012 · Ethics, Politics

Here’s a brief look at some of the recent ethics stories from around the country.

Here at home….”Commission Issues Advisory Opinion 2012-1 Relating to State Board Member’s Conflicts of Interests Question

Commission finds that a potential conflict of interest is too indirect to pose an issue.

Ethics legislation: Limit dollar distractions,” Atlanta Journal Constitution. Arguing for caps on gifts to legislators from lobbyists.

Disclosure, yes, is good. But it is not enough. Not when House Speaker David Ralston and family members are treated to a $17,000 junket to see Europe’s high-speed rail system. This in a state loath to fund any transportation option not involving asphalt.

Then there was Lt. Gov. Casey Cagle’s $5,000 trip to a golf tournament on St. Simons Island last October. His stay at the ritzy Cloister resort and a round of golf were paid for by lobbyists for a for-profit cancer hospital.

Both examples are perfectly legal, given the status quo. Common sense says that should change and implementing a $100 gift cap for lobbyists is a good place to start.

But legislators aren’t too keen on the idea.

Ethics bill gets cool reception in Ga. House,” Chris Joyner and Christopher Quinn, The Atlanta Journal-Constitution.

Godwin, co-founder of Georgia Conservatives in Action, was part of a dozen or so grassroots conservatives on hand to support an ethics bill that would limit the spending of lobbyists and PACs. But there was little GOP backing for the bill: Republicans control both General Assembly chambers, but sponsor Rep. Tommy Smith, R-Nicholls, could not find a single co-sponsor in his party.

New ethics panel to consider sanctions for violations, putting disclosure forms online,” AP story in the Washington Post.

Hawaii already puts its financial disclosure forms online, and has for years. Credit where credit is due.

Ex-regulator for SEC defends his ethics,” By David S. Hilzenrath, washington post

A former Securities and Exchange Commission official has agreed to pay a $50,000 fine for going through the “revolving door” and working with an alleged Ponzi scheme mastermind, R. Allen Stanford, after allegedly taking part in SEC decisions not to investigate him, the Justice Department said Friday.

In state of the state address, Rick Snyder to call for ethics reform, improved customer service,” Detroit Free Press.

Sources said Snyder will discuss:

• The need to strengthen laws on lobbying, campaign finance, ethics and transparency, including the need to address issues raised in two Free Press reports about officials who left state government to work for companies they dealt with in official capacities.

Maine Ethics Commission Authorizes Casino Funding Probe,” The Maine Public Broadcasting Network. With gambling before the Hawaii legislature again, here’s a cautionary note.

The investigation was prompted by a complaint from Dennis Bailey of the group CasinosNO! Bailey told commissioners that toward the end of the campaign he came into possession of a proposed option agreement between the Lewiston financial partners in the casino and a Maryland-based outfit called M-Five.

Bailey says it included a provision that M-Five “shall develop, plan, manage and pay for any campaign efforts to cause the passage of the 2011 statewide ballot measure.” It also stipulated that M-Five would contract with Dome Messaging of Arlington, Virginia, for advertising and polling, and contribute at least $100,000 to one of the casino PACs.

“M-Five doesn’t show up on their campaign finance,” Bailey says. “It’s a group called GT Source, a Georgia casino company, whose president is also an officer with M-Five.”

New London ethics board’s bizarre attempt to punish free speech,” Paul Choiniere, the day.com (Connecticut).

This case is similar to the situation I found myself in years ago, which led to a 9th Circuit Court decision that a complainant’s right to speak about a complaint filed with a public agency is protected by the First Amendment.

See Lind v. Grimmer (1994)

Deutsche Analyst Sounded Alarm When Asked to Alter Numbers,” Carrick Mollenkamp, Special to ProPublica

At a time when mortgage-backed securities were imploding and customers were fleeing the market, a junior analyst at Deutsche Bank AG protested when he was asked to alter the numbers in a spreadsheet to make a Deutsche security look less risky to ratings agencies, according to a person with knowledge of the matter.

The analyst, this person said, was asked by a mid-level Deutsche executive in late 2007 to make it appear that the investment would produce more cash than the bank actually expected at certain time points.

The request came at a crucial moment. In the last months of 2007, investors had grown skittish about such investments amid signs that the housing bubble was deflating, if not bursting. Up and down Wall Street, banks were trying to persuade ratings agencies that large portions of their mortgage-backed securities merited the coveted AAA stamp, meaning that they posed negligible risks of default. The analyst was asked to alter the spreadsheets in order to get a better rating, the person said.

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