Prescription deaths: Lawmaker wants cases reported to Medical Board









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The chairman of a state Senate committee that oversees the Medical Board said Monday he would introduce a bill requiring coroners to report all prescription drug deaths to the agency — a move aimed at helping authorities identify doctors whose prescribing practices may be harming patients.

Sen. Curren D. Price Jr., responding to a Times' report that authorities have failed to recognize how often people overdose on medications prescribed by their doctors, said the medical board needed coroners reports to improve oversight of potentially dangerous practices.

“There appears to be a disconnect between coroners and the Medical Board,” Price (D-Los Angeles), said in an interview. “Hopefully legislation will tighten that up and provide the kind of accountability we all expect.”

FULL COVERAGE: Legal drugs, deadly outcomes

The Times investigation published Sunday found that in nearly half of the accidental deaths from prescription drugs in four Southern California counties, the deceased had a doctor's prescription for at least one drug that caused or contributed to the death.

The investigation identified 3,733 deaths that involved prescription drugs in Los Angeles, Orange, San Diego and Ventura counties from 2006 through 2011. In 1,762 of those cases — 47% — drugs for which the deceased had a prescription were the sole cause or a contributing cause of death.

The Times found that prescription drug deaths often involved multiple drugs, sometimes prescribed by more than one doctor. In some cases, the deceased also mixed prescribed drugs with illegal drugs, alcohol or both.

The paper identified 71 Southern California physicians who prescribed drugs to three or more patients who later fatally overdosed. The doctors were primarily pain specialists, general practitioners and psychiatrists.

Price said that although there may be legitimate reasons for a doctor's prescriptions being linked to a death, “it’s cause for some further review.”

“I think a red flag goes up any time you have one [doctor] involved in several deaths,” he said. “And I think an investigation is not only warranted but called upon by the public.”





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Ads are Invading Gadgets and Apps that You Already Paid For
















Most of us are used to seeing ads on stuff that we get for free, like smartphone and tablet apps or online news websites. But you’re probably also used to being able to pay to remove ads, whether by getting the premium version of an app or even upgrading to a new computer that doesn’t have so much garbage on it.


As it turns out, this strategy doesn’t work so well anymore. That’s because companies are starting to put “special offers” all over things that you buy … and this time, it’s not just the usual preinstalled trashware. Here’s a look at some of the latest strikes in the war for your attention.













Microsoft: Xbox Music and Xbox Live


Last year’s redesign of the Xbox 360 dashboard featured prominent ads, including videos that played automatically, even if you were paying for a $ 60/year Xbox Live Gold membership. This year, Microsoft introduced its new Xbox Music Pass, which allows you to stream millions of songs to your Xbox 360 or Windows 8 PC. It has an ad-supported free trial mode, which lets you listen to songs (and ads) for free for the first six months before imposing a monthly listening limit.


But according to Neowin.net editor Owen Williams, the ads stay even if you pay $ 99 per year for the subscription service. On top of that, you can’t use Xbox Music on the actual Xbox at all (beyond a 30-day trial) unless you also​ pay for an Xbox Live Gold Subscription. That’s almost $ 160 per year for two separate subscriptions, and in return you apparently get twice the ads.


​Microsoft: Windows 8


If the ads in the Xbox Music service aren’t enough, Microsoft has also put ads all over its Windows 8 operating system. Whether you buy a new Surface tablet or you pay for the upgrade from Windows 7 such as through buying a separate boxed copy, you still have to contend with ads in “many of the bundled [Modern] UI applications,” according to Williams.


Amazon: The entire Kindle lineup


Amazon began selling Kindle e-readers with “special offers” a while back. These appeared on the lock screen, and replaced the normal screen saver, which was more literary.


When Amazon announced its new lineup of Kindle Fire HD tablets not too long ago, it turned out that every single one of them had advertisements. Not just on the lock screen, but now even in a corner on the home screen while you’re browsing through your books and apps.


At the time, Amazon wasn’t offering any way to get rid of these ads on the new Kindle Fire HD, but the company now gives people the option to buy Kindles sans ads for an extra $ 15. That won’t help you with in-app ads, though, if you use free apps.


Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.


Linux/Open Source News Headlines – Yahoo! News



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'Skyfall' brings record Bond debut of $88.4M

LOS ANGELES (AP) — James Bond is cashing in at the box office.

"Skyfall," the 23rd film featuring the British super-spy, pulled in a franchise-record $88.4 million in its U.S. debut, bringing its worldwide total to more than $500 million since it began rolling out overseas in late October.

The top 20 movies at U.S. and Canadian theaters Friday through Sunday, followed by distribution studio, gross, number of theater locations, average receipts per location, total gross and number of weeks in release, as compiled Monday by Hollywood.com are:

1. "Skyfall," Sony, $88,364,714, 3,505 locations, $25,211 average, $90,564,714, one week.

2. "Wreck-It Ralph," Disney, $33,012,796, 3,752 locations, $8,799 average, $93,647,405, two weeks.

3. "Flight," Paramount, $14,785,097, 2,047 locations, $7,223 average, $47,455,396, two weeks.

4. "Argo," Warner Bros., $6,617,229, 2,763 locations, $2,395 average, $85,583,187, five weeks.

5. "Taken 2," Fox, $4,012,829, 2,487 locations, $1,614 average, $131,300,000, six weeks.

6. "Cloud Atlas," Warner Bros., $2,658,250, 2,023 locations, $1,314 average, $22,844,956, three weeks.

7. "The Man With the Iron Fists," Universal, $2,592,705, 1,872 locations, $1,385 average, $12,821,030, two weeks.

8. "Pitch Perfect," Universal, $2,573,350, 1,391 locations, $1,850 average, $59,099,993, seven weeks.

9. "Here Comes the Boom," Sony, $2,522,790, 2,044 locations, $1,234 average, $39,033,885, five weeks.

10. "Hotel Transylvania," Sony, $2,400,226, 2,566 locations, $935 average, $140,954,208, seven weeks.

11. "Paranormal Activity 4," Paramount, $1,980,033, 2,348 locations, $843 average, $52,600,612, four weeks.

12. "Sinister," Summit, $1,524,448, 1,554 locations, $981 average, $46,578,686, five weeks.

13. "Silent Hill: Revelation," Open Road Films, $1,300,137, 1,902 locations, $684 average, $16,383,406, three weeks.

14. "The Perks of Being a Wallflower," Summit, $1,132,924, 607 locations, $1,866 average, $14,614,770, eight weeks.

15. "Lincoln," Disney, $944,308, 11 locations, $85,846 average, $944,308, one week.

16. "Alex Cross," Summit, $911,973, 1,090 locations, $837 average, $24,603,042, four weeks.

17. "Fun Size," Paramount, $757,223, 1,301 locations, $582 average, $8,800,336, three weeks.

18. "Looper," Sony, $582,150, 491 locations, $1,186 average, $64,669,383, seven weeks.

19. "The Sessions," Fox, $545,550, 128 locations, $4,262 average, $1,655,222, four weeks.

20. "Seven Psychopaths," CBS Films, $404,812, 356 locations, $1,137 average, $14,098,469, five weeks.

___

Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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Online:

http://www.hollywood.com

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Q & A: Weighing the Evidence





Q. My husband weighs twice as much as I do, yet we take the same dose of over-the-counter medications, as recommended on the packaging. Shouldn’t weight be a factor?




A. There is little information about using weight as a factor in adjusting doses of either prescription or over-the-counter medications, said Dr. Steven A. Kaplan, director of the Iris Cantor Men’s Health Center at NewYork-Presbyterian/Weill Cornell hospital.


“We are beginning to study different responses by weight,” he said, but he and other researchers have reached no conclusions on recommendations for therapy.


“In my own field, urology,” he added, “my opinion is that it is more likely for the recommended dose to be ineffective in a larger person rather than to be toxic in a thinner adult.”


Some prescription drugs, like chemotherapy agents, already have their dosages adjusted for weight because of their highly toxic nature. As for over-the-counter drugs, recommended doses generally tend to be weighted in favor of safety rather than efficacy, Dr. Kaplan said.


He and other doctors emphasized the importance of following package directions. For example, acetaminophen (like Tylenol) can present a life-threatening risk if the liver cannot process a high dose. If you find that the recommended dose does not work for you, Dr. Kaplan said, speak to your doctor.


C. CLAIBORNE RAY


Readers may submit questions by mail to Question, Science Times, The New York Times, 620 Eighth Avenue, New York, N.Y. 10018, or by e-mail to question@nytimes.com.



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Group mobilizing young people to push for national debt plan









WASHINGTON — Kicking the can down the road on the skyrocketing national debt could hurt young people more than anybody. And now they are organizing to fight back.

A new group, the Can Kicks Back, aims to give Americans 18 to 32 years old a voice in the debate over tax hikes and budget cuts that loom next year if Congress and President Obama cannot agree on a deficit-reduction plan.

"Young people are struggling in this economy, and our goal is to demonstrate how the growing national debt is impacting that problem," said Ryan Schoenike, a co-founder of the group.





Part of that effort will be sending a giant mascot character in the shape of a can to college campuses to generate support, and then to Congress to highlight the concerns of young people. The group is focusing on how the debt affects the ability of people to get a job, pay for their education and raise a family, Schoenike said.

To drive home the point, the group is highlighting the share of the national debt being shouldered by every American.

Although the U.S. national debt officially is about $16.25 trillion, the Can Kicks Back is using a much higher figure — $71 trillion — which includes unfunded liabilities such as Social Security, Medicare and government pensions.

Each person's share of that larger figure is $227,000 and rising, the group said.

The group's advisory board includes Erskine Bowles and Alan Simpson, the former co-chairs of the National Commission on Fiscal Responsibility and Reform that developed a sweeping deficit-reduction plan.

The Can Kicks Back is working with the Campaign to Fix the Debt, an organization founded by Bowles and Simpson that also includes leading corporate chief executives.

The group is trying to build off the engagement of many young people in the presidential election and wants to launch chapters on at least 500 college campuses by the end of the 2013 spring semester.

The group's goal is to pressure Congress and the White House to agree to "a bold, balanced and bipartisan 'grand bargain' on fiscal issues" by the Fourth of July. To do that, the group wants young people to commit to making a 30-second phone call each week to a member of Congress pushing for a deficit-reduction deal.

"It's a simple act, sort of 30 seconds to save your future," Schoenike said. The group wants those calls to add up to a "million millennial minutes."

"There's such a disconnect between what we see in the real world and what happens in Washington," said Nick Troiano, the group's other co-founder.

Comments last week by Obama and House Speaker John A. Boehner (R-Ohio) about their willingness to compromise on tax rates and revenues are a good sign for a possible compromise, but young people can add to the pressure to make a deal, Troiano said.

jim.puzzanghera@latimes.com





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GOP might never again hold power in California








California Republicans have suffered a painful thrashing, and the prognosis isn't good. Recovery is far from certain.

Until last week, it was possible to be guardedly optimistic about the ultimate restoration of a healthy two-party system in California. Political power is cyclical. California at its core is centrist, even if tilted left. Surely the GOP someday would bounce back.

But now it's hard to argue with the numbers. The California electorate is changing in composition and creed. The GOP must change with it or become permanently powerless. Yet it is bogged down on the right and becoming weaker.






It's practically impossible to envision Californians electing a Republican governor in the future, certainly not in the next gubernatorial election, in 2014. Talk to GOP pros and none can suggest a realistic, credible challenger to Democratic Gov. Jerry Brown.

Especially after voters accepted his tax increase, Brown looks like a shoo-in for reelection, assuming he runs. And it's hard to imagine this 74-year-old career pol not running. His life is politics and governing.

Business will back Brown because he'll be the only moderate check on a Legislature dominated by liberal Democrats. Republicans will be virtually useless.

Let's count the election day wounds:

Mitt Romney lost to President Obama by a landslide 21 percentage points in a state that used to consistently side with the Republican nominee.

Democratic Sen. Dianne Feinstein drew only token Republican opposition and won by 23 points.

Democrats, at last count, were gaining four congressional seats in California.

The stunner was the state Assembly, where Democrats apparently achieved a historic supermajority to match the party's similar feat in the Senate. This means there's virtually nothing that Democrats can't pass on their own in Sacramento, relegating Republicans to mathematical irrelevancy.

But it doesn't stop there.

The Republican slice of registered voters in California slipped below 30%. Only eight years ago it was nearly 35%. Democrats are 44%.

And about that loud anti-tax mantra, the Republicans' favorite rallying cry: Most voters aren't listening.

Two tax-increase measures were approved by Californians. Brown's Prop. 30 won by a surprising 8 points. Prop. 39, ending a tax break mainly for out-of-state corporations, was approved by 20 points.

The shame for Republicans is that they could have helped Democrats pass similar tax measures in the Legislature and, in turn, won major concessions. Most important for their allies in business, they probably could have gained relief from a thicket of stifling environmental regulations. They also could have owned public pension reform and, perhaps, passed a meaningful state spending cap.

Republicans claim Brown wouldn't buck labor opposition to reforms. The governor counters that skittish Republicans never would pinpoint a concession they'd accept in trade for their tax votes.

Whatever, it's opportunity lost. Those days of GOP bargaining leverage are history.

And when business interests and conservatives complain about liberal domination of the Legislature and labor buying votes, they should blame Republicans. They're supposed to provide the opposition. But they've allowed themselves to become so weak they're helpless.

But are they hopeless? Can they recover?






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Bond soars with record $87.8M 'Skyfall' debut

LOS ANGELES (AP) — James Bond's "Skyfall" has extended its worldwide box-office rule to North America, hauling in a franchise-record $87.8 million in its first weekend at U.S. theaters.

Adding in $2.2 million from Thursday night previews at IMAX and other large-format theaters, "Skyfall" has taken in $90 million domestically, according to studio estimates Sunday.

That lifts the worldwide total for "Skyfall" to $518.6 million since it began rolling out overseas in late October. Internationally, the 23rd Bond flick added $89 million this weekend to raise its overseas revenue to $428.6 million.

The third installment starring Daniel Craig as British super-spy Bond, "Skyfall" outdid the $67.5 million U.S. debut of 2008's "Quantum of Solace," the franchise's previous best opening. "Skyfall" more than doubled the $40.8 million debut of Craig's first Bond film, 2006's "Casino Royale."

"Skyfall" already has passed the $407.7 million overseas total for "Quantum of Solace" and by Monday, it will top the $432.2 million international haul for "Casino Royale."

The Craig era has reinvigorated one of Hollywood's most-enduring franchises, whose first big-screen Bond adventure, "Dr. No," debuted 50 years ago.

"It's quite a testament to Bond, considering it's the 50th anniversary. What a great anniversary present," said Rory Bruer, head of distribution at Sony, which produces the Bond films along with MGM.

"Skyfall" was the weekend's only new wide release, but Steven Spielberg's "Lincoln" had a huge start in a handful of theaters. Starring Daniel Day-Lewis as the 16th president, "Lincoln" took in $900,000 in 11 theaters for a whopping average of $81,818 a cinema. By comparison, "Skyfall" averaged $25,050 in 3,505 theaters.

"Lincoln" centers on the months leading up to the president's assassination in April 1865, as he maneuvers to pass the 13th amendment abolishing slavery and end the Civil War. Distributor Disney will expand "Lincoln" into nationwide release of about 1,600 theaters Friday and may widen the film further over Thanksgiving week.

The film has strong Academy Awards prospects for two-time directing winner Spielberg, two-time acting recipient Day-Lewis and the rest of the cast, which includes Oscar winners Sally Field and Tommy Lee Jones.

"The performances are some of the greatest of recent time," said Dave Hollis, head of distribution for Disney. "I don't know if you're ever going to think about it again without seeing our actor as Lincoln. Daniel is extraordinary in the role."

"Skyfall" took over the top spot at the weekend box office from Disney's animated comedy "Wreck-It Ralph," which fell to No. 2 with $33.1 million, raising its domestic total to $93.7 million.

While "Skyfall" marked a new high for Bond's opening-weekend revenue, the film has a long way to go to match the biggest audiences 007 has ever drawn. Adjusted for inflation, Sean Connery's 1965 Bond adventure "Thunderball" would have taken in an estimated $508 million domestically in today's dollars, with its 1964 predecessor "Goldfinger" not far behind at $444 million, according to box-office tracker Hollywood.com.

The Bond films over the last two decades have come in around the $200 million range domestically in inflation-adjusted dollars.

Still, Craig's Bond is setting a new critical standard for the franchise. While "Quantum of Solace" had a so-so critical reception, "Skyfall" and "Casino Royale" are among the best-reviewed Bond films, with critics and fans enjoying the darker edge Craig has imprinted on 007.

"'Skyfall' is to the Bond franchise what 'The Dark Knight' was to the Batman franchise," said Hollywood.com analyst Paul Dergarabedian. "By taking it to a whole other level, this is a different kind of Bond that can be taken really seriously."

Directed by Sam Mendes, the Academy Award-winning filmmaker behind "American Beauty" and Craig's director on "Road to Perdition," ''Skyfall" continues the current franchise's exploration into the emotional traumas that have shaped Bond's cool, aloof manner.

The film reveals secrets out of the past of Bond's boss, British spymaster M (Judi Dench), and pits 007 against a brilliant but unstable former agent (Javier Bardem) who's out for revenge.

Hollywood remains on a brisk pace this fall as the busy holiday season approaches. Overall domestic revenues totaled $172 million, up 26 percent from the same weekend last year, when "Immortals" led with $32.2 million.

For the year, domestic revenues are at $9.1 billion, up 4.3 percent from 2011's, according to Hollywood.com.

Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.

1. "Skyfall," $87.8 million.

2. "Wreck-It Ralph," $33.1 million.

3. "Flight," $15.1 million.

4. "Argo," $6.7 million.

5. "Taken 2," $4 million.

6. "Here Comes the Boom," $2.6 million

7. "Cloud Atlas," $2.53 million.

8. "Pitch Perfect," $2.5 million.

9. "The Man with the Iron Fists," $2.49 million.

10. "Hotel Transylvania," $2.4 million.

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Estimated weekend ticket sales at international theaters (excluding the U.S. and Canada) for films distributed overseas by Hollywood studios, according to Rentrak:

1. "Skyfall," $89 million.

2. "Argo," $12 million.

3. "Wreck-It Ralph," $11.2 million.

4. "Hotel Transylvania," $11.1 million.

5. "A Werewolf Boy," $10.5 million.

6. "Cloud Atlas," $8.7 million.

7. "Paranormal Activity 4," $6 million.

8 (tie). "Asterlix and Obelix: God Save Britannia," $4.4 million.

8 (tie). "Confession of Murder," $4.4 million.

10. "Madagascar 3: Europe's Most Wanted," $4.1 million.

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Online:

http://www.hollywood.com

http://www.rentrak.com

___

Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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The Neediest Cases: Single Mother Battling Breast Cancer Takes Strength From Her Children





She had not expected her fingernails to feel as if they had been hollowed out.







Suzanne DeChillo/The New York Times

Josmery Batista, 34, with her children: Analisse, 4, left; Erika, 10; and Jeremy, 1. Ms. Batista is receiving chemotherapy treatment.




The Neediest CasesFor the past 100 years, The New York Times Neediest Cases Fund has provided direct assistance to children, families and the elderly in New York. To celebrate the 101st campaign, an article will appear daily through Jan. 25. Each profile will illustrate the difference that even a modest amount of money can make in easing the struggles of the poor.


Last year donors contributed $7,003,854, which was distributed to those in need through seven New York charities.










Josmery Batista, 34, had braced herself for many of the side effects that would result from her palliative chemotherapy treatment. She knew about the dizzy spells, the head pain and the body aches, just as she knew about the fatigue, which weakens her so much at times that she is unable to bathe her infant son or even to hold him.


But when her nails became so brittle that she could not properly wash dishes, a development as alarming as it was discouraging, she sought comfort and reassurance from one of her new friends walking the same path.


Ms. Batista, a single mother of three, knows that she is blessed to have found a support group of others, like her, who are undergoing cancer treatment, and she gains additional courage from the memory of friends who did not survive. She also knows how blessed she is to have sisters to lean on for help.


But friends and siblings alone are not what fortify her will to survive.


“My children give me the strength to fight this illness, this disease,” Ms. Batista said. “My support system has been a great help. But what keeps me going is my kids.”


Five months into her pregnancy with her son, Jeremy Tavarez, now 1, Ms. Batista began to experience excruciating pain from her neck to her midsection. She had no idea what was wrong. When she sought help, examinations ruled out ailments like arthritis or liver problems. Tests for cancer would have involved radiation and, thus, potential harm to the baby, so Ms. Batista waited until after the birth to be tested further. Last November, one month after her son’s birth, Ms. Batista was told she had Stage 4 breast cancer. The disease has since spread to her liver and her bones.


She receives chemotherapy treatment every 21 days at Elmhurst Hospital Center, near her home in Flushing, Queens, and is then required to take pills for the next 14 days. The side effects of that medication are the cause of much of her discomfort.


Petite yet resilient, Ms. Batista is driven to take Tylenol instead of a nap. She will weather the lethargy and endure the pain to ensure that her son and her other two children, Erika, 10, and Analisse Tavarez, 4, can have as normal a life as possible. Whenever she is able to, she plays with her children, accompanies them to school or helps them with homework.


“Even though she’s battling every day, going to the hospital and stuff like that, she doesn’t let her kids fully know, and they’re happy,” said Ms. Batista’s sister Dalisa Batista, who assists with child care.


Josmery Batista, who came to the United States from the Dominican Republic in 1998, had been employed for 13 years as a jewelry sample maker in Manhattan. She has been unable to work since her treatment began and is living month to month as a result.


She receives $450 a month in food stamps and collects $868 monthly in workers’ compensation, a payment that is set to expire in January. Ms. Batista says her children’s father also provides $400 a month in child support. Her rent is $1,100 a month.


With her finances tight, Catholic Charities Brooklyn and Queens, one of the agencies supported by The New York Times Neediest Cases Fund, granted Ms. Batista $500 from the fund in September to cover five weeks of child care when she is at treatment and her relatives are unavailable. The agency also supplies the family with food from the Queens North Community Center pantry, which is affiliated with Catholic Charities.


“She stays very strong,” said Dalisa, who describes her sister as an inspiration. “I never really see her crying at home. She doesn’t cry in front of the kids.” Dalisa added that her niece Erika, who is still too young to fully grasp the severity of her mother’s situation, boosted morale with a child’s innocent honesty.


“Her daughter always gives her strength because she always tells her, ‘You’re beautiful with no hair,’ ” Dalisa said. “She tells her stuff like ‘I don’t want you to wear wigs. You’re beautiful to me.’ ”


The future holds many questions, but estimates are that Josmery Batista will be receiving treatments for at least the next six months. She says she will continue to do what she has been doing all along, basking in the love of those around her.


“I live my life as normal as possible, and I push myself to do the things I need to do,” Ms. Batista said. “I’m not going to allow the illness to dictate how I’m going to carry my life and what I need to do as a mother.”


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Lenders, title insurers find new ways to delay or kill mortgages









Do you know the difference between credit rescoring and credit repair?

Apparently, some lenders don't. As a result, they are refusing to fund mortgages that they otherwise would approve.

At the same time, some title companies are starting to play hardball with borrowers who have recently undertaken home improvement projects. Even if the work is relatively minor, and even if it has been completed, the companies are refusing to issue title insurance policies, effectively stopping refinancings in their tracks.








For as long as Richard Temme of Woodland Hills Mortgage in Woodland Hills can remember, title companies would write policies on properties with recent or ongoing construction as long as the borrower agreed to indemnify the company against mechanic's liens. But lately, the mortgage broker reports, title firms have become much more cautious.

The typical indemnification holds the title company harmless from any liabilities, losses, damages, expenses or charges the company may incur because of mechanic's lien disputes between the borrower and the contractor. Borrowers also usually agree to defend any action based on a lien and do all the things necessary or appropriate to clear the lien from the title.

But in an increasing number of cases, that is not enough, Temme says. "We've seen title companies declining to issue on many more loans" than in the past, he says. As a result, he adds, "even minor home improvement projects, recent or unfinished, can hold up or kill a loan."

This may be a California phenomenon because the laws are different in other states. But in the Golden State, contractors, subcontractors and suppliers can file liens retroactively to the day they started their work or furnished materials.

If that date of the lien is before the day the mortgage is closed, the lien, not the mortgage, is in the first position. As a result, some title agencies are not writing policies unless the borrower can put a much higher level of net worth behind the indemnification, Temme says. And some are not accepting any indemnification at all.

Meanwhile, otherwise good loans are being rejected by lenders that confuse rescoring with credit repair. They are not the same.

Credit repair is often a scam. In fact, attorneys at the Federal Trade Commission say they've never seen a legitimate operation that offers to erase bad credit, create a new credit identity on your behalf or remove bankruptcies, judgments, liens or bad loans from your record. If the bad information in your file is correct, there is nothing that can be done to remove it, at least not legally.

No wonder lenders want nothing to do with applicants who have paid someone to clear accurate data from their records. If you have bad credit, after all, you are probably a bad risk.

Rescoring, on the other hand, corrects errors in your file, which may result in an increase to your all-important credit score.

Whereas credit repair firms are not legitimate, the 70-odd companies that provide rescoring are credit reporting agencies that work with the national credit repositories — Equifax, TransUnion and Experian. As resellers of credit information contained within the three repositories, they not only provide the majority of all credit reports but also have a legal obligation to you and your creditors.

Moreover, according to Terry Clemans of the National Credit Reporting Assn., rescoring is a program developed in conjunction with and processed through the big three credit repositories. Indeed, each repository maintains a special rescoring department that deals directly with resellers.

When a credit file is rescored, it is checked twice for accuracy, first by the reseller and again by the national repository. It is, Clemans says, "one of the safest transactions for any creditor because everything is double-verified."

If a change is warranted — say, a trade line was reported incorrectly, or the damaging information is not yours but someone's with a similar name — the miscue is corrected at the repository level and a new credit report and credit score are issued.

If you believe data in your credit file are incorrect, you can have the data removed on your own if you have the time and patience. It can take anywhere from 30 to 45 days. But if you are in a hurry, you can pay a reseller to do it for you, usually within 24 to 72 hours, Clemans says. The cost ranges from $50 to a few hundred bucks, depending on how complex the problem is.

Rescoring has been a popular service for seven or eight years, Clemans says, and he thinks some lenders are so worried about bad risks that they are confusing credit rescoring with credit repair. He calls it a "knee-jerk reaction after all the pain" resulting from the mortgage meltdown.

"I have heard from lenders … claiming they are trying to protect themselves from consumers 'gaming' the system for better rates," he says.

But as Clemans sees it, lenders that object to rescoring are basically telling a consumer seeking a quick resolution of incorrect data that they can't have it corrected for that particular loan application. As a result, he wonders whether it is lenders who are gaming the system in an effort to force borrowers into higher interest rates.

Whether or not that's true, there's little that would-be borrowers can do besides take their business elsewhere — or sue the lender under the Fair Credit Reporting Act.

As far as mechanic's liens are concerned, mortgage broker Temme is telling his refinancing customers to advise the title company in writing of any construction or rehab projects on the property. Otherwise, he says, if a lien is filed, the title company may sue for the amount it has to pay the lender to pay off the lien.

And tell the title firm early. Even if the company will accept an indemnification, the process can take weeks, he says, noting that loans can be lost during that period.

lsichelman@aol.com

Distributed by Universal Uclick for United Feature Syndicate.





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Advice to California's GOP: Leave — or better yet, change








Memo to the California GOP:

Rough couple of weeks, huh?

First you found out that the number of registered Republicans in California has dipped below 30%, which means we are fast approaching the day when the entire state membership can fit into two golf carts.






To make matters worse, of the 1 million people who used a new online voter registration system this election cycle, only 20% registered as Republicans. And 60% of those who registered were under 35, which means your future's not looking great.

Then the dominoes really started to fall.

Gov. Brown's Proposition 30, the first general, statewide tax hike in two decades, passed so easily that the ghost of Howard Jarvis threw himself in front of a truck.

Proposition 32, an all-out attempt to defang public employee unions, got pummeled despite an infusion of last-minute anti-labor cash from Arizona.

What could be worse? I'll tell you what. In the state Legislature, Democrats won supermajorities in both houses. Do you know what that means? It's like handing your teenager a credit card, a checkbook and the car keys so he can drive to an all-night orgy.

Meanwhile, on the national front, two states said yes to recreational marijuana and three states said yes to same-sex marriage. And Mitt Romney proved that when your only loyal supporters are aging white men who still drive Buicks and watch "Matlock" reruns — in a country with an ever more diverse population — you're cooked.

It was a wipeout, a blitz, a disaster.

So now what?

Glad you asked, because as it happens, I've got some advice for the leaders and members of the California's shrinking Grand Old Party.

Your first option is to cut and run. Frankly, I regularly hear from Republicans who so despise California and everything it stands for, I'm surprised they keep subjecting themselves to so much misery. Wouldn't it be better to sell everything, pack up the station wagon and move to Georgia or Kentucky? They think, act and vote red in those states, and they probably hate California at least as much as you do.

But here's another option. You could sit tight here in the Golden State, wait for the Democrats to screw things up in Sacramento even more than they already have, and then raise your hand when the situation cries out for the voice of fiscal prudence.

The first thing you're going to have to do, though, is remake the GOP. And by that I mean that you have to get rid of the Neanderthals who dominate the party. Then you need to start grooming and promoting some common-sense fiscal moderates, provided you can locate any.

What do I mean by that?

If someone believes Barack Obama is a socialist, Communist, Marxist, Muslim, radical, black liberation theologian, non-citizen, illegitimate president or Manchurian Candidate, forget about him. He may have a shot at a career in talk radio, but he's not going to make it in California politics.

And you're not going to breathe new life into the GOP with someone who believes the answer to the state's problems is to deport a couple million Latinos, unless they're working in the garden at extremely low rates.

You should also nix anyone who believes that gay people have chosen a "lifestyle" in the way they might choose toothpaste or a pair of shoes, and can be "converted" with enough hard work and Bible study.

I know, I know. We're really thinning the field here. And I'm not even done.






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