Condo Commando Special Forces green t-shirt - CafePress
I may have to order one of these for myself.
Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Tuesday, February 17, 2009

Wedgie as good as handcuffs in suspect detention
There should be a Pulitzer Prize category for headline writing, and whoever wrote this one should win.
The Associated Press: Homeowners' rallying cry: Produce the note
The Associated Press: Homeowners' rallying cry: Produce the note: "ZEPHYRHILLS, Fla. (AP) — Kathy Lovelace lost her job and was about to lose her house, too. But then she made a seemingly simple request of the bank: Show me the original mortgage paperwork. And just like that, the foreclosure proceedings came to a standstill. Lovelace and other homeowners around the country are managing to stave off foreclosure by employing a strategy that goes to the heart of the whole nationwide mess. During the real estate frenzy of the past decade, mortgages were sold and resold, bundled into securities and peddled to investors. In many cases, the original note signed by the homeowner was lost, stored away in a distant warehouse or destroyed. Persuading a judge to compel production of hard-to-find or nonexistent documents can, at the very least, delay foreclosure, buying the homeowner some time and turning up the pressure on the lender to renegotiate the mortgage."
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Slick. Turnabout is fair play. Produce the note!
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Slick. Turnabout is fair play. Produce the note!
FT.com / US / Politics & Foreign policy - Bank nationalisation gains ground with Republicans
FT.com / US / Politics & Foreign policy - Bank nationalisation gains ground with Republicans: "Barack Obama, the president, who has tried to avoid panicking lawmakers and markets by entertaining the idea, has moved more towards what he calls the “Swedish model” – an approach backed strongly by Mr Graham. In the early 1990s Sweden nationalised its banking sector then auctioned banks having cleaned up balance sheets. “In limited circumstances the Swedish model makes sense for the US,” says Mr Graham. Mr Obama last weekend made clear he was leaning more towards the Swedish model than to the piecemeal approach taken in Japan, which many would argue is the direction US public policy appears to be heading. “They [the Japanese] sort of papered things over,” Mr Obama said. “They never really bit the bullet . . . and so you never got credit flowing the way it should have, and the bad assets in their system just corroded the economy for a long period of time.” Administration officials acknowledge that the rescue plan unveiled by Tim Geithner, Treasury secretary, last week could result in the temporary nationalisation of some weak banks."
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Tough time to be a libertarian, I'd say.
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Tough time to be a libertarian, I'd say.
Householders to be charged for each flush of toilet | PerthNow
Australia: Householders to be charged for each flush of toilet | PerthNow: "HOUSEHOLDERS would be charged for each flush under a radical new toilet tax designed to help beat the drought."
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Yuck.
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Yuck.
Monday, February 16, 2009
Baby boomers expected to flock to Mexico | mexico, marybeth, down - Local - Brownsville Herald
Baby boomers expected to flock to Mexico | mexico, marybeth, down - Local - Brownsville Herald: "With 76 million baby boomers approaching retirement in a country with an ailing economy and rising health care costs, many are choosing to move south of the border to live more comfortable lives for less money. Retirement experts in Mexico say the cost of living for American citizens in Mexico is about 40 percent cheaper than in the U.S. And a visit to a general doctor typically costs about $35."
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Life in a condo in Mexico can be nice, I gather.
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Life in a condo in Mexico can be nice, I gather.
Katzman Garfinkel Rosenbaum Attorneys Win Federal Jury Trial Over Hurricane Insurance Proceeds for Structural Damages at Buckley Towers - MSNBC Wire Services - msnbc.com
Katzman Garfinkel Rosenbaum Attorneys Win Federal Jury Trial Over Hurricane Insurance Proceeds for Structural Damages at Buckley Towers - MSNBC Wire Services - msnbc.com: "MIAMI, FL - Katzman Garfinkel Rosenbaum Partner Daniel Rosenbaum, lead counsel for Buckley Towers, won a $20.4 million verdict against QBE Insurance Company in Miami Federal Court on February 13, 2009, after two weeks of testimony, for Hurricane Wilma damages. Buckley Towers is a 39-year-old condominium complex with 564 units in two seventeen-story towers in North Miami, Florida.
Buckley Towers owners claimed that the twin towers sustained major structural damages from Hurricane Wilma when it struck South Florida on October 24, 2005. At issue was whether Buckley Towers was committing insurance fraud for exaggerating the claim and if not, whether the damages were attributable to poor building maintenance or were otherwise excluded by the insurance policy from coverage."
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Kachingo!
Buckley Towers owners claimed that the twin towers sustained major structural damages from Hurricane Wilma when it struck South Florida on October 24, 2005. At issue was whether Buckley Towers was committing insurance fraud for exaggerating the claim and if not, whether the damages were attributable to poor building maintenance or were otherwise excluded by the insurance policy from coverage."
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Kachingo!

Rabid coyote attacks girl waiting for school bus | Spartanburg, South Carolina
And she is saved by two neighbors. One has no shoes and bare hands. The other has a .22 pistol. No cops to be found. Yikes.
AFP: Historians rank Lincoln best US president
AFP: Historians rank Lincoln best US president: "Abraham Lincoln (1861-1865), the first US president George Washington (1789-1797) and New Deal architect Franklin D. Roosevelt (1933-1945) were ranked the top three out of the 42 men who have been the country's former chiefs, according to a survey by cable channel C-SPAN.
John F. Kennedy came in sixth, ahead of Ronald Reagan (10th) and Bill Clinton, who jumped to 15th from 21st during the last survey in 2000, when Lincoln also ranked first.
Of all modern presidents, Bush, who left office last month after an eight-year tenure, fared worst at 36th, nearly 10 spots behind Richard Nixon (27th), who was forced to resign in disgrace in the aftermath of the Watergate scandal."
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Interesting list. Can't argue with Lincoln and Washington. FDR is harder to rank. He dealt unflinchingly with world-shaking crises, but the way he restructured the presidency and the executive branch may still prove to be disastrous...and soon. How anybody can rate JFK as a great president has always eluded me. Start listing his accomplishments sometime and see what you come up with. The Bay of Pigs? No. That was a failure, an unnecessary and terrifying crisis that happened because he projected weakness in his dealings one-on-one with Khrushchev. He launched the Viet Nam war. But his support for science and restoration of a sense of national purpose proved to be enormously important.
Slick Willie does fine as usual. Whatever.
G.W. Bush lucked out if you ask me. He's fortunate they didn't create a special sub-basement for him. And if Obama keeps shoveling money we don't have at people who don't deserve it, and pretending we don't have enemies around the world, W will have company down there in a few years.
John F. Kennedy came in sixth, ahead of Ronald Reagan (10th) and Bill Clinton, who jumped to 15th from 21st during the last survey in 2000, when Lincoln also ranked first.
Of all modern presidents, Bush, who left office last month after an eight-year tenure, fared worst at 36th, nearly 10 spots behind Richard Nixon (27th), who was forced to resign in disgrace in the aftermath of the Watergate scandal."
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Interesting list. Can't argue with Lincoln and Washington. FDR is harder to rank. He dealt unflinchingly with world-shaking crises, but the way he restructured the presidency and the executive branch may still prove to be disastrous...and soon. How anybody can rate JFK as a great president has always eluded me. Start listing his accomplishments sometime and see what you come up with. The Bay of Pigs? No. That was a failure, an unnecessary and terrifying crisis that happened because he projected weakness in his dealings one-on-one with Khrushchev. He launched the Viet Nam war. But his support for science and restoration of a sense of national purpose proved to be enormously important.
Slick Willie does fine as usual. Whatever.
G.W. Bush lucked out if you ask me. He's fortunate they didn't create a special sub-basement for him. And if Obama keeps shoveling money we don't have at people who don't deserve it, and pretending we don't have enemies around the world, W will have company down there in a few years.
Clinton Says Don't Blame Him for the Economic Crisis - TIME
Clinton Says Don't Blame Him for the Economic Crisis - TIME: "On Monday morning's Today Show, Ann Curry's interview with the former president — recorded over the weekend outside a Clinton Global Initiative event in Texas — addressed Clinton's inclusion on TIME's list of the '25 People to Blame' for the global economic collapse. 'Oh no,' he responded, 'My question to them is: Do any of them seriously believe if I had been president, and my economic team had been in place the last eight years, that this would be happening today? I think they know the answer to that: No.'"
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Bill Clinton has always loved to ask self-serving questions of hypothetical others and then supply his own self-serving answers. It is one of the clever little ways he slimes his way out of responsibility for the enormous problems he caused. This one is particularly egregious. All the people who say that his housing policies started the industry-wide collapse (which is everybody except him) would, he says, acknowledge that if he had received the full 16 years in office he deserved, none of this would have happened.
He is not done with us yet, mark my words. He will be back, just like the Joker, Lex Luthor, Dr. Octopus, and the rest of them.
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Bill Clinton has always loved to ask self-serving questions of hypothetical others and then supply his own self-serving answers. It is one of the clever little ways he slimes his way out of responsibility for the enormous problems he caused. This one is particularly egregious. All the people who say that his housing policies started the industry-wide collapse (which is everybody except him) would, he says, acknowledge that if he had received the full 16 years in office he deserved, none of this would have happened.
He is not done with us yet, mark my words. He will be back, just like the Joker, Lex Luthor, Dr. Octopus, and the rest of them.

Police shoot, kill chimp that attacked woman - CNN.com
Time to write "no chimps!" into the CC&Rs of every private community in the US. These things are terrifying.
Obama to sign stimulus bill Tuesday in Denver | Reuters
Obama to sign stimulus bill Tuesday in Denver | Reuters: "CHICAGO, Feb 14 (Reuters) - U.S. President Barack Obama on Saturday hailed congressional approval of a $787 billion economic stimulus bill as a 'major milestone on our road to recovery' and the White House said he would sign the legislation on Tuesday in Denver.
'I will sign this legislation into law shortly, and we'll begin making the immediate investments necessary to put people back to work,' Obama said, savoring his biggest legislative victory since taking office on Jan. 20."
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Did anybody else notice that this bill provides aid to just about every private and public institution in America except homeowner and condominium associations? Moreover, I gather there will be additional "recovery" legislation that won't benefit associations. The banks will get another infusion of monopoly money. Something will be done for the auto industry. And I think there will be a special cornucopia for the housing industry, including people with too much mortgage and too little house.
However, I will be surprised if the federal government provides aid to the many struggling community associations. In fact, there could be an additional burden. If Congress decides to protect people against mortgage foreclosure, those folks will still have to pay their assessments, but they won't be getting any money from Congress to do that. And if they don't, which is entirely possible, they will be foreclosed on anyway, by their association.
If the "stimulus" bill works and the economy recovers, all the boats will float. But if the recession continues we may see another round of institutional failure as thousands of the nation's private governments head into insolvency.
'I will sign this legislation into law shortly, and we'll begin making the immediate investments necessary to put people back to work,' Obama said, savoring his biggest legislative victory since taking office on Jan. 20."
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Did anybody else notice that this bill provides aid to just about every private and public institution in America except homeowner and condominium associations? Moreover, I gather there will be additional "recovery" legislation that won't benefit associations. The banks will get another infusion of monopoly money. Something will be done for the auto industry. And I think there will be a special cornucopia for the housing industry, including people with too much mortgage and too little house.
However, I will be surprised if the federal government provides aid to the many struggling community associations. In fact, there could be an additional burden. If Congress decides to protect people against mortgage foreclosure, those folks will still have to pay their assessments, but they won't be getting any money from Congress to do that. And if they don't, which is entirely possible, they will be foreclosed on anyway, by their association.
If the "stimulus" bill works and the economy recovers, all the boats will float. But if the recession continues we may see another round of institutional failure as thousands of the nation's private governments head into insolvency.
FOXNews.com - Islamic Law to Be Imposed in Parts of Pakistan - International News | News of the World | Middle East News | Europe News
FOXNews.com - Islamic Law to Be Imposed in Parts of Pakistan - International News | News of the World | Middle East News | Europe News: "The government agreed to impose Islamic law and suspend a military offensive across a large swath of northwest Pakistan on Monday in concessions aimed at pacifying a spreading Taliban insurgency there.
The announcement came after talks with local Islamists, including one closely linked to the Taliban.
The move will likely concern the United States, which has warned Pakistan that such peace agreements allow Al Qaeda and Taliban militants operating near the Afghan border time to rearm and regroup."
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So how is that new foreign policy working, Secretary Clinton? President Obama? Hello? Anybody there?
The announcement came after talks with local Islamists, including one closely linked to the Taliban.
The move will likely concern the United States, which has warned Pakistan that such peace agreements allow Al Qaeda and Taliban militants operating near the Afghan border time to rearm and regroup."
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So how is that new foreign policy working, Secretary Clinton? President Obama? Hello? Anybody there?

On brink of financial collapse, state lawmakers struggle with budget passage - Los Angeles Times: "The plan would nearly double the vehicle license fees Californians pay, increase sales taxes by 1 cent, increase gasoline taxes by 12 cents per gallon and add a surcharge of as much as 5% to income tax bills. It also would reduce the dependent care credit by about $200 per year. The increased taxes would remain in effect for two to four years. In addition to the tax hikes, the proposal includes $15.1 billion in program cuts and $11.4 billion in borrowing, some of which would be erased by the stimulus package Congress just approved. Sacramento's spending plan would balance the state's books through mid-2010."
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In order to deal with a $41 billion estimated budget deficit, the Democrats who control California insist that there must be a mammoth tax increase in the middle of the worst recession in memory. They can't pass it unless they get one Republican vote at this point--and they may not be able to get it.
We have several states operating at or near this level of insanity--states that are drowning in red ink, but the Democratic legislative majorities are at odds with Republican minorities so they can't agree on a solution. The Democrats want tax increases and hate cutting spending; the Republicans want tax cuts and major spending reduction. California, Illinois, New York, and New Jersey are probably the worst cases. I wonder how long the game of chicken will last?
Sunday, February 15, 2009
Pill to erase bad memories: Ethical furore over drugs 'that threaten human identity' | Mail Online
Pill to erase bad memories: Ethical furore over drugs 'that threaten human identity' | Mail Online: "A drug which appears to erase painful memories has been developed by scientists. The astonishing treatment could help sufferers of post-traumatic stress disorder and those whose lives are plagued by hurtful recurrent memories. But British experts said the breakthrough raises disturbing ethical questions about what makes us human. They also warned it could have damaging psychological consequences, preventing those who take it from learning from their mistakes."
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I want some of this. They can take this "what makes us human" stuff and forget about it. Well, you know what I mean. But perhaps you forgot.
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I want some of this. They can take this "what makes us human" stuff and forget about it. Well, you know what I mean. But perhaps you forgot.
Obama warned over ‘welfare spendathon’ - Times Online
Obama warned over ‘welfare spendathon’ - Times Online: "RONALD REAGAN started it, Bill Clinton finished it and last week Barack Obama was accused of engineering its destruction. One of the few undisputed triumphs of American government of the past 20 years – the sweeping welfare reform programme that sent millions of dole claimants back to work – has been plunged into jeopardy by billions of dollars in state handouts included in the president’s controversial economic stimulus package."
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Today's newspapers had the first semi-detailed analyses of what is in the so-called stimulus package. Some parts of it look good to me, such as sending money to states for highway construction, and to to school districts, and...and...well, there must have been something else. But I was horrified to read that the Democrats are determined to get more people back on the dole. This reinforces the Republican claim that Democrats try to create welfare dependency to buy votes, using money from the middle class.
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Today's newspapers had the first semi-detailed analyses of what is in the so-called stimulus package. Some parts of it look good to me, such as sending money to states for highway construction, and to to school districts, and...and...well, there must have been something else. But I was horrified to read that the Democrats are determined to get more people back on the dole. This reinforces the Republican claim that Democrats try to create welfare dependency to buy votes, using money from the middle class.
Camera convicted him but raised battle over privacy | HamptonRoads.com | PilotOnline.com
Camera convicted him but raised battle over privacy | HamptonRoads.com | PilotOnline.com: "Farmers beware: Big Brother may be watching. Eastern Shore soybean farmer Steve Van- Kesteren learned that the hard way when he was charged with taking two red-tailed hawks, a violation of the federal Migratory Bird Act. The evidence against him was a video recording showing him dispatching the birds with an ax. Game wardens had put a hidden camera in a tree, pointed at VanKesteren's soybean fields, after receiving a complaint about protected birds getting caught in predator traps. The wardens had to walk or drive off a road, past a hedgerow, and travel about a quarter mile through one field and past a second hedgerow. VanKesteren said it appears they cut a swath through some brush to get to the tree."
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This the "open fields" doctrine. It was developed by the US Supreme Court. They decided there is no reasonable expectation of privacy in open fields, so government officials can trespass there and gather evidence like this, and it is not a Fourth Amendment violation.
But it really sticks in the craw of anybody who (still) believes in individual liberty and the rights of property owners, doesn't it?
He killed the birds because they were caught in traps he had set for foxes. Apparently he was supposed to go get a permit to kill them, but didn't bother.
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This the "open fields" doctrine. It was developed by the US Supreme Court. They decided there is no reasonable expectation of privacy in open fields, so government officials can trespass there and gather evidence like this, and it is not a Fourth Amendment violation.
But it really sticks in the craw of anybody who (still) believes in individual liberty and the rights of property owners, doesn't it?
He killed the birds because they were caught in traps he had set for foxes. Apparently he was supposed to go get a permit to kill them, but didn't bother.
HOA boards must keep finances stable at any cost | MyDesert.com | The Desert Sun
HOA boards must keep finances stable at any cost | MyDesert.com | The Desert Sun: "It is true that even though owners may be about to lose their homes due to a variable rate loan gone crazy, they still owe their HOA fee, and that bill should be paid. Sadly, most who are about to lose their home don't have much interest in maintaining the association or its community.
The board of directors of an association with delinquent owners has a duty to place a lien on those units owned by anyone who fails to pay his or her maintenance fee on time. This is done in accordance with a delinquency policy established in the association's governing documents. Unfortunately, this is not inexpensive. The cost of collection is billed to the delinquent owner, but actually making that collection can be difficult. In the end, uncollected delinquencies are made up by increased fees to the rest of the owners."
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Nice headline. At any cost...to the owners. Notice how quickly this property manager jumps to placing liens on all delinquent owners ASAP.
The board of directors of an association with delinquent owners has a duty to place a lien on those units owned by anyone who fails to pay his or her maintenance fee on time. This is done in accordance with a delinquency policy established in the association's governing documents. Unfortunately, this is not inexpensive. The cost of collection is billed to the delinquent owner, but actually making that collection can be difficult. In the end, uncollected delinquencies are made up by increased fees to the rest of the owners."
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Nice headline. At any cost...to the owners. Notice how quickly this property manager jumps to placing liens on all delinquent owners ASAP.
Illinois lawmakers mull Burris perjury probe. - Lynn Sweet: "State lawmakers are calling for a criminal investigation into whether U.S. Sen. Roland Burris committed perjury before a state impeachment panel, in the wake of a Sun-Times exclusive story published online today.
The development comes after the Chicago Democrat failed to initially disclose under oath to a House panel that he was hit up for campaign cash by former Gov. Rod Blagojevich's brother...The Sun-Times investigation found that former Gov. Rod Blagojevich's brother solicited Burris for up to $10,000 in campaign cash before Blagojevich named Burris to the coveted post -- something Burris initially failed to disclose under oath before an Illinois House impeachment panel.
The affidavit is dated Feb. 5 -- three weeks after Burris was sworn in to replace President Obama in the Senate."
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Roland Burris said he had not been contacted by Blago's brother or two other henchmen. He also said he had not been asked for money. Now that it is too late to derail his Senate appointment, he has suddenly remembered that, oh yeah, actually I did talk with those three guys, and oh yeah, Blago's brother did ask me to raise money. But I sure didn't give them any. No, sir. And you can believe me.
That's how things are done here in Illinois. The basic assumptions are (1) the voters are idiots and (2) you can lie your way through anything if you just stick to your story, because (3) the Chicago Democrat machine controls everything and will protect you.
So the Republicans are trying to fire up a perjury investigation, using a local prosecutor. If the Illinois Republican Party runs on any platform except reform of Illinois politics, the entire leadership should be canned. They have one and only one way to return to relevance, and it isn't cutting taxes. It is cleaning up the stinking sewer that is Chicago-Cook County-Illinois politics.
The Tribune buried this story on p. 3 of the local section today. I'd say it was incredible but unfortunately it is typical of that paper these days.
The development comes after the Chicago Democrat failed to initially disclose under oath to a House panel that he was hit up for campaign cash by former Gov. Rod Blagojevich's brother...The Sun-Times investigation found that former Gov. Rod Blagojevich's brother solicited Burris for up to $10,000 in campaign cash before Blagojevich named Burris to the coveted post -- something Burris initially failed to disclose under oath before an Illinois House impeachment panel.
The affidavit is dated Feb. 5 -- three weeks after Burris was sworn in to replace President Obama in the Senate."
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Roland Burris said he had not been contacted by Blago's brother or two other henchmen. He also said he had not been asked for money. Now that it is too late to derail his Senate appointment, he has suddenly remembered that, oh yeah, actually I did talk with those three guys, and oh yeah, Blago's brother did ask me to raise money. But I sure didn't give them any. No, sir. And you can believe me.
That's how things are done here in Illinois. The basic assumptions are (1) the voters are idiots and (2) you can lie your way through anything if you just stick to your story, because (3) the Chicago Democrat machine controls everything and will protect you.
So the Republicans are trying to fire up a perjury investigation, using a local prosecutor. If the Illinois Republican Party runs on any platform except reform of Illinois politics, the entire leadership should be canned. They have one and only one way to return to relevance, and it isn't cutting taxes. It is cleaning up the stinking sewer that is Chicago-Cook County-Illinois politics.
The Tribune buried this story on p. 3 of the local section today. I'd say it was incredible but unfortunately it is typical of that paper these days.
Follow The Money | National Institute on Money in State Politics
This is a great site for finding out how your state politicians are doing business. You can go state by state and look up campaign money, lobbyist activity, and all sorts of things. Good way to see who is active in the housing industry.
This is a great site for finding out how your state politicians are doing business. You can go state by state and look up campaign money, lobbyist activity, and all sorts of things. Good way to see who is active in the housing industry.
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