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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Bank of New York Mellon unit settles Madoff case for $210 million













New York Atty. Gen. Eric Schneiderman


New York Atty. Gen. Eric Schneiderman
(Carolyn Kaster / Associated Press)






























































A Bank of New York Mellon subsidiary will pay $210 million to settle claims it concealed red flags showing  Bernard Madoff was a fraud.

Due diligence by the unit, Ivy Asset Management, revealed discrepancies in Madoff's stated investment strategy, according to a statement by New York Atty. Gen. Eric Schneiderman, who announced the settlement Tuesday.

While Ivy steered clients to invest in Madoff, collecting fees for itself, some at the firm had reservations about Madoff, the attorney general said.





Schneiderman cited an email one Ivy principal sent to a subordinate: "Ah, Madoff, you omitted one possibility - he’s a fraud!"

Ivy didn't disclose its suspicions to clients, Schneiderman said, and falsely told them that "we have no reason to believe there is anything improper in the Madoff operation."

 “Ivy Asset Management violated its fundamental responsibility as an investment advisor by putting its own pecuniary interests ahead of the interests of its clients," Schneiderman said. "An investment advisor should apprise its clients of risks, but Ivy deliberately concealed negative facts it uncovered in its due diligence of Madoff in order to keep earning millions of dollars in fees. As a result, its clients suffered massive and avoidable losses."

Madoff's massive multibillion-dollar Ponzi scheme was revealed in December 2008. He has been serving a 150-year prison sentence.

Schneiderman sued Ivy in 2010. The settlement concludes suits also brought by the U.S. Department of Labor and private plaintiffs, and includes another $9 million from other defendants. The settlement will repay Madoff's investors and cover fees and expenses of those who brought the suits.

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Housing affordability in California drops as prices increase

SEC wins partial victory in case against money-market fund

Quiz: How much do you know about the Chinese economy?






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Mike D'Antoni to be next coach of the Lakers









Mike D'Antoni, not Phil Jackson, will be the next coach of the Lakers.

"We signed Mike D'Antoni to a multi-year deal," Lakers spokesman John Black said, mentioning the team's owner and top two executives. "Dr. [Jerry] Buss, Jim Buss and Mitch Kupchak were unanimous that Mike D'Antoni was the best coach for the team at this time."

D'Antoni, 61, coached the New York Knicks last season and the Phoenix Suns before that. He will officially take over the Lakers within a week or two, depending how quickly he recovers from knee-replacement surgery.





The Lakers will introduce their new coach at a news conference as early as Tuesday but more likely later in the week. Bernie Bickerstaff will remain the team's interim coach for now.

D'Antoni signed a three-year deal for $12 million. The team holds an option for a fourth year.

Jackson was the overwhelming favorite to return to the Lakers until they heard his informal demands, which included a stake in team ownership, according to a person familiar with the situation.

"He was asking for the moon," said the person, who also declined to be identified because they are not authorized to discuss the situation.

The Lakers then moved quickly to sign D'Antoni. He replaces Mike Brown, who was fired Friday after the Lakers began the season 1-4, their worst start since 1993.

Earlier Sunday, Lakers guard Steve Nash said it would "be a coup" for the Lakers to bring back Jackson, but he also had kind words for D'Antoni.

"Obviously, I think everyone knows how much I love Mike," said Nash, who played four seasons and won two MVP awards under D'Antoni in Phoenix. "If he were the coach, it would be seamless and terrific for me, and I think the team as well.”

D’Antoni was most recently employed by the Knicks, when he was forced to resign under pressure last season after an 18-24 start.

Kobe Bryant did not hide his excitement for the prospect of Jackson returning but, like Nash, he was also on board with D'Antoni.

"They know how I feel about Phil. They know how I feel about D'Antoni," Bryant said Sunday. "I like them both."

D'Antoni's coaching staff with the Lakers likely will start with two longtime assistants -- his brother, Dan D'Antoni, and Phil Weber.

The new Lakers coach has a 388-339 coaching record in the NBA. He led the Suns to the Western Conference finals in 2005 and 2006 with Nash running the show.

Bryant became familiar as a boy with D'Antoni, who was a star in the Italian league in the 1980s, when Bryant's father also played in Italy. D'Antoni helped Olimpia Milano win five league titles and two European club titles. D'Antoni also worked with Bryant on the U.S. national team as an assistant.

ALSO:

Photos: Lakers Coach Mike D'Antoni

Lakers, Steve Nash playing waiting game

Interim Coach Bernie Bickerstaff tries to keep it simple





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Elmo puppeteer accused of underage relationship

NEW YORK (AP) — The puppeteer who performs as Elmo on "Sesame Street" is taking a leave of absence from the popular kids' show in the wake of allegations that he had a relationship with a 16-year-old boy.

Sesame Workshop said puppeteer Kevin Clash denies the charges, which were first made in June by the alleged partner, who by then was 23.

"We took the allegation very seriously and took immediate action," Sesame Workshop said in a statement issued Monday. "We met with the accuser twice and had repeated communications with him. We met with Kevin, who denied the accusation."

The organization described the relationship as personal and "unrelated to the workplace." Its investigation found the allegation of underage conduct to be unsubstantiated. But it said Clash exercised "poor judgment" and was disciplined for violating company policy regarding Internet usage. It offered no details.

"I had a relationship with (the accuser)," Clash told TMZ. "It was between two consenting adults and I am deeply saddened that he is trying to make it into something it was not."

At his request, Clash has been granted a leave of absence in order to "protect his reputation," Sesame Workshop said.

No further explanation was provided, nor was the duration of his leave specified.

"Elmo is bigger than any one person and will continue to be an integral part of 'Sesame Street' to engage, educate and inspire children around the world, as it has for 40 years," Sesame Workshop said in its statement.

"Sesame Street" is currently in production, but other puppeteers are prepared to fill in for Clash during his absence, according to a person close to the show who spoke on condition of anonymity because that person was not authorized to publicly discuss details about the show's production.

"Elmo will still be a part of the shows being produced," that person said.

The 52-year-old Clash, the divorced father of a grown daughter, has been a puppeteer for "Sesame Street" since 1984. It was then that he was handed the fuzzy red puppet named Elmo and asked to come up with a voice for him. Clash transformed the character, which had been a marginal member of the Muppets troupe for a number of years, into a major star rivaling Big Bird as the face of "Sesame Street."

In 2006, Clash published an autobiography, "My Life as a Furry Red Monster," and was the subject of the 2011 documentary "Being Elmo: A Puppeteer's Journey."

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Slipstream: Biometric Data-Gathering Sets Off a Privacy Debate





“PLEASE put your hand on the scanner,” a receptionist at a doctor’s office at New York University Langone Medical Center said to me recently, pointing to a small plastic device on the counter between us. “I need to take a palm scan for your file.”




I balked.


As a reporter who has been covering the growing business of data collection, I know the potential drawbacks — like customer profiling — of giving out my personal details. But the idea of submitting to an infrared scan at a medical center that would take a copy of the unique vein patterns in my palm seemed fraught.


The receptionist said it was for my own good. The medical center, she said, had recently instituted a biometric patient identification system to protect against identity theft.


I reluctantly stuck my hand on the machine. If I demurred, I thought, perhaps I’d be denied medical care.


Next, the receptionist said she needed to take my photo. After the palm scan, that seemed like data-collection overkill. Then an office manager appeared and explained that the scans and pictures were optional. Alas, my palm was already in the system.


No longer the province of security services and science-fiction films, biometric technology is on the march. Facebook uses facial-recognition software so its members can automatically put name tags on friends when they upload their photos. Apple uses voice recognition to power Siri. Some theme parks take digital fingerprints to help recognize season pass holders. Now some hospitals and school districts are using palm vein pattern recognition to identify and efficiently manage their patients or students — in effect, turning your palm into an E-ZPass.


But consumer advocates say that enterprises are increasingly employing biometric data to improve convenience — and that members of the public are paying for that convenience with their privacy.


Fingerprints, facial dimensions and vein patterns are unique, consumer advocates say, and should be treated as carefully as genetic samples. So collecting such information for expediency, they say, could increase the risks of serious identity theft. Yet companies and institutions that compile such data often fail to adequately explain the risks to consumers, they say.


“Let’s say someone makes a fake ID and goes in and has their photo and their palm print taken as you. What are you going to do when you go in?” said Pam Dixon, the executive director of the World Privacy Forum, an advocacy group in San Diego. “Hospitals that are doing this are leaping over profound security issues that they are actually introducing into their systems.”


THE N.Y.U. medical center started researching biometric systems a few years ago in an effort to address several problems, said Kathryn McClellan, its vice president who is in charge of implementing its new electronic health records system. More than a million people in the New York area have the same or similar names, she said, creating a risk that medical personnel might pull up the wrong health record for a patient. Another issue, she said, was that some patients had multiple records from being treated at different affiliates; N.Y.U. wanted an efficient way to consolidate them.


Last year, the medical center adopted photography and palm-scan technology so that each patient would have two unique identifying features. Now, Ms. McClellan said, each arriving patient has his or her palm scanned, allowing the system to automatically pull up the correct file.


“It’s a patient safety initiative,” Ms. McClellan said. “We felt like the value to the patient was huge.”


N.Y.U.’s system, called PatientSecure and marketed by HT Systems of Tampa, has already scanned more than 250,000 patients. In the United States, over five million patients have had the scans, said Charles Yanak, a spokesman for Fujitsu Frontech North America, a division of Fujitsu, the Japanese company that developed the vein palm identification technology.


Yet, unless patients at N.Y.U. seem uncomfortable with the process, Ms. McClellan said, medical registration staff members don’t inform them that they can opt out of photos and scans.


“We don’t have formal consent,” Ms. McClellan said in a phone interview last Tuesday.


That raises red flags for privacy advocates. “If they are not informing patients it is optional,” said Joel Reidenberg, a professor at Fordham University Law School with an expertise in data privacy, “then effectively it is coerced consent.”


He noted that N.Y.U. medical center has had recent incidents in which computers or USB drives containing unencrypted patient data have been lost or stolen, suggesting that the center’s collection of biometric data might increase patients’ risk of identity theft.


Ms. McClellan responded that there was little chance of identity theft because the palm scan system turned the vein measurements into encrypted strings of binary numbers and stored them on an N.Y.U. server that is separate from the one with patients’ health records. Even if there were a breach, she added, the data would be useless to hackers because a unique key is needed to decode the number strings. As for patients’ photos, she said, they are attached to their medical records.


Still, Arthur Caplan, the director of the division of medical ethics at the N.Y.U. center, recommended that hospitals do a better job of explaining biometric ID systems to patients. He himself recently had an appointment at the N.Y.U. center, he recounted, and didn’t learn that the palm scan was optional until he hesitated and asked questions.


“It gave me pause,” Dr. Caplan said. “It would be useful to put up a sign saying ‘We are going to take biometric information which will help us track you through the system. If you don’t want to do this, please see’ ” an office manager.


Other institutions that use PatientSecure, however, have instituted opt-in programs for patients.


At the Duke University Health System, patients receive brochures explaining their options, said Eliana Owens, the health system’s director of patient revenue. The center also trains staff members at registration desks to read patients a script about the opt-in process for the palm scans, she said. (Duke does not take patients’ photos.)


“They say: ‘The enrollment is optional. If you choose not to participate, we will continue to ask you for your photo ID on subsequent visits,’ ” Ms. Owens said.


Consent or not, some leading identity experts see little value in palm scans for patients right now. If medical centers are going to use patients’ biometric data for their own institutional convenience, they argue, the centers should also enhance patient privacy — by, say, permitting lower-echelon medical personnel to look at a person’s medical record only if that patient is present and approves access by having a palm scanned.


Otherwise, “you are enabling another level of danger,” said Joseph Atick, a pioneer in biometric identity systems who consults for governments, “instead of using the technology to enable another level of privacy.”


At my request, N.Y.U. medical center has deleted my palm print.


E-mail: slipstream@nytimes.com.



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Stocks slip as worries about fiscal cliff return









U.S. stocks edged toward small losses Monday morning as investors kept fretting about the approaching “fiscal cliff.”

The Dow Jones industrial average was down 20 points at 12,795 in the first hour of trading. It spent most of the morning with the tiniest of gains.

The Standard & Poor's 500 index fell two points to 1,378. The Nasdaq composite lost five to 2,899.

Trading was expected to be light. The federal government and the U.S. bond market were closed for Veterans Day, and there were no economic reports scheduled for release.

The fiscal cliff refers to government spending cuts and tax increases that are scheduled to kick in at the beginning of the new year, unless a divided Congress and the White House can work out a compromise before then.

Some traders thought the small moves were nearly inevitable, because there has been no strongly positive or negative news about the economy or the possibility of a deal to avoid the fiscal cliff.

“Nothing good is going on,” said Scott Freeze, president of Street One Financial in Huntingdon Valley, Pa. “Everything forward-looking remains dreary.”

Last week, after voters returned a long-deadlocked divided government to Washington, the Dow dropped 434 points in two days and had one of its worst weeks of the year.

Even if lawmakers work out a compromise, as they usually do, the political fight until then is sure keep investors on edge, pitching the stock market back and forth until it's resolved. Economists say the cliff could cost the economy $800 billion and 3 million jobs and would plunge the U.S. back into recession.

President Barack Obama, a Democrat, and House Speaker John Boehner, a Republican, have spoken of compromise but appear to be taking firm stances on some issues. Obama will meet with labor representatives as well as other progressive groups Tuesday. He'll hold separate meetings with the business community Wednesday.

The effect on the markets has been widespread. Fiscal cliff worries were blamed for keeping a lid on European markets, which were trading mixed but nearly flat in the morning; and Asian markets, which ended mixed.

In Greece, lawmakers passed a new austerity budget, and the other countries that use the euro issued a “positive” report on the country. Greece is hoping the other euro countries will give it another $40 billion in bailout loans. The budget and the report are crucial steps.

Still, the new bailout isn't a sure thing: Some of the potential lenders must seek approval from their parliaments. Greece's main stock market index was down nearly 4 percent.

Freeze was among the underwhelmed. “At this point, all the Greek news is just noise,” he said. “None of these bailouts really solve the underlying problem. Now if all of a sudden Spain became incredibly solvent and its unemployment rate went to 5 percent, then you'd see” a reason to buy.

Across Europe, there were other reminders that the debt crisis is far from solved. The Banking Association of Spain, a country where hundreds of thousands of borrowers have fallen behind on their mortgages, said it would curb evictions of some struggling homeowners. In Portugal, demonstrators planned protests against a scheduled visit from German Chancellor Angela Merkel. Germany helped bail out Portugal last year and insisted that the government there cut spending as a condition of getting the money, a sore point for some in Portugal.

Among U.S. stocks making big moves:

— Leucadia National announced it would buy the investment banking firm Jefferies Group. The Jefferies chief will run the combined company. Leucadia, a holding company with investments in an eclectic set of industries including beef processing and medical products, dropped nearly 4 percent, 96 cents, to $20.84. Jefferies soared 12 percent, $1.78 to $16.05.

— Sherwin-Williams, the paint company, jumped 4 percent after announcing it will buy Consorcio Comex, a privately held rival based in Mexico City. Its stock rose $6.17 to $147.01.

— Best Buy leapt after announcing it had named a new finance chief, a former executive of the upscale kitchen store Williams-Sonoma. Analysts hope the new numbers cruncher can help turn around a chain that has struggled to keep up with online competitors. Best Buy's stock rose 5 percent, or 81 cents, to $16.1

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Times investigation: Legal drugs, deadly outcomes









Terry Smith collapsed face-down in a pool of his own vomit.

Lynn Blunt snored loudly as her lungs slowly filled with fluid.

Summer Ann Burdette was midway through a pear when she stopped breathing.





Larry Carmichael knocked over a lamp as he fell to the floor.

Jennifer Thurber was curled up in bed, pale and still, when her father found her.

Karl Finnila sat down on a curb to rest and never got up.

These six people died of drug overdoses within a span of 18 months.

But according to coroners' records, that was not all they had in common. Bottles of prescription medications found at the scene of each death bore the name of the same doctor: Van H. Vu.

After Finnila died, coroner's investigators called Vu to learn about his patient's medical history and why he had given him prescriptions for powerful medications, including the painkiller hydrocodone.

Investigators left half a dozen messages. Vu never called back, coroner's records state.

Over the next four years, 10 more of his patients died of overdoses, the records show. In nine of those cases, painkillers Vu had prescribed for them were found at the scene.

Vu, a pain specialist in Huntington Beach, described himself as a conscientious, caring physician. He declined to comment on individual cases, citing confidentiality laws, but he said he treats many "very, very difficult patients" whose chronic pain is sometimes complicated by substance abuse and depression, anxiety or other mental illness.

"Every single day, I try to do the best I can for every single patient," he said in an interview. "I can't control what they do once they leave my office."

Prescription drug overdoses now claim more lives than heroin and cocaine combined, fueling a doubling of drug-related deaths in the United States over the last decade.

Health and law enforcement officials seeking to curb the epidemic have focused on how OxyContin, Vicodin, Xanax and other potent pain and anxiety medications are obtained illegally, such as through pharmacy robberies or when teenagers raid their parents' medicine cabinets. Authorities have failed to recognize how often people overdose on medications prescribed for them by their doctors.

A Los Angeles Times investigation has 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.

Reporters identified a total of 3,733 deaths from prescription drugs from 2006 through 2011 in Los Angeles, Orange, Ventura and San Diego counties.

An examination of coroners' records found that:

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.

A small cadre of doctors was associated with a disproportionate number of those fatal overdoses. Seventy-one — 0.1% of all practicing doctors in the four counties — wrote prescriptions for drugs that caused or contributed to 298 deaths. That is 17% of the total linked to doctors' prescriptions.





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Bond soars with record $87.8M 'Skyfall' debut

LOS ANGELES (AP) — The sky's the limit for James Bond's "Skyfall."

The 23rd Bond film hauled in a franchise-record $87.8 million in its first weekend at U.S. theaters.

According to distributor Sony, adding $2.2 million from Thursday night previews at large-format theaters, "Skyfall" has taken in $90 million domestically.

That lifts the worldwide total for "Skyfall" to around half a billion dollars once its weekend haul is counted overseas, where the film began rolling out in late October. As of last Thursday, "Skyfall" had rung up nearly $350 million internationally.

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."

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Mind Faded, Darrell Royal’s Wisdom and Humor Intact Till End





Three days before his death last week at 88, Darrell Royal told his wife, Edith: “We need to go back to Hollis” — in Oklahoma. “Uncle Otis died.”




“Oh, Darrell,” she said, “Uncle Otis didn’t die.”


Royal, a former University of Texas football coach, chuckled and said, “Well, Uncle Otis will be glad to hear that.”


The Royal humor never faded, even as he sank deeper into Alzheimer’s disease. The last three years, I came to understand this as well as anyone. We had known each other for more than 40 years. In the 1970s, Royal was a virile, driven, demanding man with a chip on his shoulder bigger than Bevo, the Longhorns mascot. He rarely raised his voice to players. “But we were scared to death of him,” the former quarterback Bill Bradley said.


Royal won 3 national championships and 167 games before retiring at 52. He was a giant in college football, having stood shoulder to shoulder with the Alabama coach Bear Bryant. Royal’s Longhorns defeated one of Bryant’s greatest teams, with Joe Namath at quarterback, in the 1965 Orange Bowl. Royal went 3-0-1 in games against Bryant.


Royal and I were reunited in the spring of 2010. I barely recognized him. The swagger was gone. His mind had faded. Often he stared aimlessly across the room. I scheduled an interview with him for my book “Courage Beyond the Game: The Freddie Steinmark Story.” Still, I worried that his withering mind could no longer conjure up images of Steinmark, the undersize safety who started 21 straight winning games for the Longhorns in the late 1960s. Steinmark later developed bone cancer that robbed him of his left leg.


When I met with Royal and his wife, I quickly learned that his long-term memory was as clear as a church bell. For two hours, Royal took me back to Steinmark’s recruiting trip to Austin in 1967, through the Big Shootout against Arkansas in 1969, to the moment President Richard M. Nixon handed him the national championship trophy in the cramped locker room in Fayetteville. He recalled the day at M. D. Anderson Hospital in Houston the next week when doctors informed Steinmark that his leg would be amputated if a biopsy revealed cancer. Royal never forgot the determined expression on Steinmark’s face, nor the bravery in his heart.


The next morning, Royal paced the crowded waiting room floor and said: “This just can’t be happening to a good kid like Freddie Steinmark. This just can’t be happening.”


With the love of his coach, Steinmark rose to meet the misfortune. Nineteen days after the amputation, he stood with crutches on the sideline at the Cotton Bowl for the Notre Dame game. After the Longhorns defeated the Fighting Irish, Royal tearfully presented the game ball to Steinmark.


Four decades later, while researching the Steinmark book, I became close to Royal again. As I was leaving his condominium the day of the interview, I said, “Coach, do you still remember me?” He smiled and said, “Now, Jim Dent, how could I ever forget you?” My sense of self-importance lasted about three seconds. Royal chuckled. He pointed across the room to the message board next to the front door that read, “Jim Dent appt. at 10 a.m.”


Edith and his assistant, Colleen Kieke, read parts of my book to him. One day, Royal told me, “It’s really a great book.” But I can’t be certain how much he knew of the story.


Like others, I was troubled to see Royal’s memory loss. He didn’t speak for long stretches. He smiled and posed for photographs. He seemed the happiest around his former players. He would call his longtime friend Tom Campbell, an all-Southwest Conference defensive back from the 1960s, and say, “What are you up to?” That always meant, “Let’s go drink a beer.”


As her husband’s memory wore thin, Edith did not hide him. Instead, she organized his 85th birthday party and invited all of his former players. Quarterback James Street, who engineered the famous 15-14 comeback against Arkansas in 1969, sat by Royal’s side and helped him remember faces and names. The players hugged their coach, then turned away to hide the tears.


In the spring of 2010, I was invited to the annual Mexican lunch for Royal attended by about 75 of his former players. A handful of them were designated to stand up and tell Royal what he meant to them. Royal smiled through each speech as his eyes twinkled. I was mesmerized by a story the former defensive tackle Jerrel Bolton told. He recalled that Royal had supported him after the murder of his wife some 30 year earlier.


“Coach, you told me it was like a big cut on my arm, that the scab would heal, but that the wound would always come back,” Bolton said. “It always did.”


Royal seemed to drink it all in. But everyone knew his mind would soon dim.


The last time I saw him was June 20 at the County Line, a barbecue restaurant next to Bull Creek in Austin. Because Royal hated wheelchairs and walkers, the former Longhorn Mike Campbell, Tom’s twin, and I helped him down the stairs by wrapping our arms around his waist and gripping the back of his belt. I ordered his lunch, fed him his sandwich and cleaned his face with a napkin. He looked at me and said, “Was I a college player in the 1960s?”


“No, Coach,” I said. “But you were a great player for the Oklahoma Sooners in the late 1940s. You quarterbacked Oklahoma to an 11-0 record and the Sooners’ first national championship in 1949.”


He smiled and said, “Well, I’ll be doggone.”


After lunch, Mike Campbell and I carried him up the stairs. We sat him on a bench outside as Tom Campbell fetched the car. In that moment, the lunch crowd began to spill out of the restaurant. About 20 customers recognized Royal. They took his photograph with camera phones. Royal smiled and welcomed the hugs.


“He didn’t remember a thing about it,” Tom Campbell said later. “But it did his heart a whole lot of good.”


Jim Dent is the author of “The Junction Boys” and eight other books.



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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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