Tan Man Whistleblower

Mr. Winston sent along this gracious response today – a must-read:

My name is Michael G. Winston. As you were kind enough to write about my legal battles with Bank of America/ Countrywide, I wanted to update you, show you how close you got to the truth and thank you from the bottom of my heart for covering the story.

My struggle is a struggle that goes on everywhere ignorance, arrogance and corruption are allowed to flourish.  My legal battles have been going on for over four years now. The legal process is glacially slow and woefully indifferent. After many years, one wonders if anyone is really out there is paying attention. My feeling is if it happened to me, it could happen to anybody. Do these people know who I am? Do they care?

Thank you for showing me you did. I read your column posted on February 19, 2011. I felt as if you understood  what happened and knew who I was. It was such a cleansing, healing and validating feeling to read the words in your blog.

I never thought of myself as a whistleblower. I still don’t. I never wanted to become a whistleblower. I just wanted Countrywide to do the right thing. I wanted them to follow their own ethical policies as well as the law. In the end,  I was not only trying to save shareholders, tax-payers, and employees from Countrywide’s malfeasant practices.  I was also trying to save Countrywide from itself. Thank you again for covering this story. Here is an update.

It is now more than six months past the Jury verdict which completely vindicated me and held Countrywide accountable for “retaliation in violation of public policy.” To the uninformed, I won and they lost, my lawyers have been paid. Surely by now, I have received the verdict money intended for me by the Jury. Also, I most certainly have received my expense money expected to be turned back to me via Court order. However, none of the above has happened. One wonders if it ever will.

I was called into Court in April, 2011 against CFC/BAC. They motioned the Judge to throw out the verdict as if it never happened. This is called a Motion for Judgment Notwithstanding Verdict. They made a long argument saying we produced no credible evidence at trial. The Judge stopped them cold citing “OVERWHELMING high credibility and very strong evidence in documents and witnesses on our side.”

I believe this is conduct unbecoming any publicly-traded company. They are insulting the more than one month- long effort of twelve Jurors and two Alternates, mocking the legal system, and again crawling out into the legal limelight seeking to invalidate a rightful Jury verdict.

We won again. They lost again. The Judge threw their motion out. What a waste of taxpayer and investor money!

Then, a month after they were again denied, they filed an Appeal seeking to invalidate all. They do this because they can. They do it with investor money. They do it with taxpayer money. They do this with your money. They will never admit the wrongdoing that is so blatantly evident to all. This is wrongful and must be changed. Clearly, there has been no punishment to these behemoths for breaking the law. Taking on corporate Goliaths should not be so daunting. But their access to influence peddling, capital, resources and data is OVERWHELMING. I am just one person fighting for what is right.

(more…)

The Simplistic View

From the U-T, noting areas where the median price went up or down:

San Diego software engineer Paul Xu and his wife, Yaling, are expecting in December, so they’re scouting for something newer and bigger than their circa-1990s home in Mira Mesa to fit a growing family and Xu’s parents.

“We need more bedrooms,” said Xu, 36, as he walked through model homes starting in the $600,000s on a recent Sunday with his father, Min, and two family friends. “We’re also looking for good school districts … and good neighbors.”

The first area that came to Xu’s mind was Carmel Valley, a North County coastal community that draws both high-paid tech workers and move-up buyers, especially families, with its community playgrounds, block parties and environmentally friendly homes. It’s also among the few areas in San Diego County where housing prices have risen, remained relatively stable or declined slightly this year, shows a Union-Tribune analysis of sales and prices that compares half-year numbers in 2011, from January to June, to the same period in 2010.

Looking at the whole county and all housing types, sales fell 8.4 percent, from 19,099 to 17,490, while the median price dipped in 63 of 93 ZIP codes, with regional drops from 1.8 to 7.7 percent. One thing to keep in mind: 2011’s first half is being pitted against the first half of 2010, when homebuyer tax credits drove sales.

Still, among the areas that bucked the trend of declines during this year’s first half were north coastal areas such as Carmel Valley, where the median price for a single family home rose to $950,000, or 5.9 percent from 2010’s first half. The area’s new home sales also increased, from 76 to 86, or 13.2 percent.

“It’s a good community and it’s close to the coast,” said Ashish Sagar, a 43-year-old software engineer who browsed new homes at a Pardee development in Carmel Valley on a recent weekend. “I’ve been renting forever … This will be an investment.”

Other coastal areas where single-family resales, the bulk of total transactions, were up included southwest Carlsbad and Del Mar.

Hot sale zones also were detected in the East County submarket. There, sales increased as first-time buyers and investors were lured to the area’s lower-priced distressed properties. Price changes were mixed, depending on the area and housing type.

A standout was Jamul, where the median price for a single-family resale home shot up 15.2 percent, rising from $375,000 last year to $432,000 this year, based on about the same number of sales during both time periods. Certain areas of El Cajon, specifically 92019 and 92120, also saw increases or stabilization in single-family resale prices. In some neighborhoods, such as Spring Valley and Santee, single-family home resales increased but sale prices were down, 8.6 percent and 10.6 percent, respectively — a likely indicator of distressed sales.

Dave Zimkin, a real estate broker in La Mesa, said sales in East County have been “slow and steady” as a large number of transactions in the area are short sales, which take longer to vet and close.

What drew 26-year-old Shelby Williams and her husband, Garrett, to buy a home in Los Coches, an area near Lakeside?

“We were in Mission Valley when we were getting married,” said Williams, a corporate event planner. “Now, we’re wanting to start a family and be on a bit more land … We’d sure love to be in Del Mar and Carmel Mountain, but that was tough to do even with two incomes, so East County met all our criteria.”

It was also the right price. They paid $325,000 for their 1,500-square-foot home, on 6,000 square feet of land.

Click on image to enlarge:

Del Mar Jute

Tasteful upgrades plus clean and tidy isn’t enough these days – buyers want the extras for free, or a great price. The 2011 selling season is over, and while everyone would like a mortgage rate in the low-4s, buyers are comfortable that there will be others:

High School Update

School is getting ready to start, or has started around North SD County.

We’ve discussed school districts before and their importance to the homebuying equation – whether you have kids or not. Let’s revisit the scorecard. 

I know a couple of people who were at the freshman orientation for San Marcos High School last week.  The principal announced to the crowd that their API scores were going to ‘rock the county’.

I don’t know if he was referring to the current scores, future scores, or just optimistic in general.  But San Marcos HS has been working its way up the charts, and recently announced that they were going to re-build the school too.

Here are the latest scores:

High School # of kids 2010 API Greatschools score
CCA
1,811
892
10
Torrey Pines
2,629
871
8
Westview
2,366
851
10
SDA
1,540
845
8
San Marcos
2,035
830
10
La Costa Cyn
2,478
815
8
Carlsbad
2,957
812
8

With both SDA and CCA having to conduct lotteries to determine enrollment (there are 200 kids on the waiting list at CCA, allegedly), is it worth considering other areas outside of the prime San Dieguito High School District?

You can purchase a similar home in San Elijo Hills/Rancho Carrillo and attend San Marcos HS, or live in 92127 and attend Westview HS, and save six-figures over what it would cost you in the nearby prime areas within the San Dieguito High School District.

Is it worth it to take a flyer on the up-and-coming high schools?

When looking at all the ingredients, could schools be one for compromise, given that Torrey Pines and LCC appear to be human after all?  Prices in Carmel Valley have been holding up, and if you could get a deal on a house outside the 92130, it might be worth considering.

Under Review

Here’s a sample of a video from the other site.  A normal house in a popular area on the hill between I-5 and El Camino Real north of Leucadia Blvd., just west of the golf course.

The house itself has some positives – ocean view, one-story plan, 1/4-acre lot and no monthly fees.

But we’re still trying to figure out the price:

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