Ross Trumble

Ross Trumble Phoenix, AZ Public Relations, Public Affairs and New Media

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Online Reviews and Internet Defamation - Can You Be Sued?

Among the many things that the internet revolution has changed, the way that businesses and their customers settle disputes has been greatly altered.

Forums provided by Yahoo, Google Places and Yelp, to name a few, allow people to praise and complain about most any kind of business. While freedom of speech covers almost everything posted on these sites, there are some instances where your review of a business, if they can prove the information provided is untrue, would be considered "defamation" and could land you in court.

It's hard to imagine this happening, but it did to a woman in Phoenix who was greatly dissatisfied with the work done by an auto repair shop. She posted her thoughts about her experience on Yelp and soon thereafter, received a call from a lawyer.

Instead of trying to make right by the customer and demonstrate to this extremely popular online community that they're willing to stand behind their work, this particular business decided to prosecute.

Given the circumstances, this was clearly a poor decision on the part of the auto body repair shop. They end up looking petty and litigious, even if the settlement appears to be equitable.

After hiring a lawyer, the Phoenix woman and shop owners agreed that if she deleted the review, they'd drop the defamation suit.

There is not much precedent set for this sort of thing and it's dangerous territory for businesses to sue their own customers over online reviews.

This will be an interesting area of internet law and one to follow if you're a business owner or a frequent critic of your favorite and not-so-favorite places.

Video provided through fair usage by KPHO CBS 5 in Phoenix

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2012 in Pictures

2012 was a great year, so I thought I'd post a little sampling of my fun. I'll update with a few more very soon. There are so many to go through.

-Ross

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My latest Social Media rant about Google+

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NYU's Scienceline Interview About Transit Issues

This spring, Taylor Kubota, an NYU student who writes for an online magazine published by the University, interviewed me about toll roads.

She contacted me through the WarOnDriving website after finding this page during her research. I was happy to see a grad student covering a topic which needs more attention and that the info I wrote on toll roads ranks so high.

The article was published today and Taylor did a great job with this topic. Happily, she presented my case rather well. The only thing I'd add is that in AZ (and other states), we already pay for highways with vehicle registration fees, so introducing toll roads here would clearly be a scam.

It's a good read if you have the time..

A HOT topic in transit

How high-occupancy toll lanes may mark the end of toll-free driving

By Taylor Kubota | Posted July 30, 2012 Posted in: Environment, Featured  Tags: carpool, cars, traffic, transportation

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Interview with GotCast.com - "Be Your Own Publicist"

Writer, Host and Social Media Strategist Kinsey Schofield interviewed me about the impact that social media has had on my career for GotCast.com, a website that helps budding stars find auditions for various roles in television and tilm.

One of the questions was about finding your audience, which social media has taken to a whole new level from all the limitations and exclusions of traditional media:

KS: And you had asked prior to this conversation if it was important if our audience was familiar with these people... But social media isn't about reaching everyone, right? It's about finding your tribe... 

ME: I think that's the perfect way to put it. In the past, when you were looking for something interesting, you had 3 different basic options. Print, radio, television and only certain voices were heard... with social media there are so many different platforms! With TV and radio we were limited to a certain number of channels, with social media there is no slowing down and the possibilities are infinite. I may have heard of someone like Jenna Marbles who has had 450 million views but the possibility that my best friend hasn't even heard of her is pretty high. 

You can read the entire interview [here.]

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Payment Prophet Article Published in ISO and Agent Magazine

We had our first big media hit for [payment]prophet, in ISO and Agent Magazine, which I was able to book with Ed McKinley, the editor .

ISO and Agent is part of a large group of financial publications that spans the spectrum of banking, transactions and lending. This is what is called "earned media," which is the best kind!

The article is now available in their print edition, which we have an advance copy of on PDF [link]. Once the online version is available, we'll have plenty of links going out across multiple channels, because that's just what we do.

Thanks for everyone's support so far and look for great things to come from our team this year!

-Ross

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More Real Estate Blogging - Short Sales & Tax Consequences

Source: http://grayhawkre.com/2012/03/short-sale-experts/

In a previous blog post, we discussed that the Mortgage Debt Relief Act of 2007 may expire at the end of this year, but that’s not a given. It may indeed be extended, which upside down borrowers will definitely appreciate, but there are a few things to know before making the decision to short sale.

Not all mortgage debt is created equal.

A recent article published on Inmannews.com, a respected journal for real estate professionals, gives 10 facts every seller must know before considering a short sale or going through foreclosure. Both transactions fall under the umbrella of “mortgage debt relief.”

The entire list is on their site and is worth reading in its entirety, but we will examine two very important issues they discuss:

Debt on subordinated loans, also known as HELOCs, 2nd Mortgages and even 3rd Mortgages does not fit the category of tax free forgiveness, that is, if it wasn’t used on home improvement/upgrades or for the initial purchase. Many people took out HELOCs in the years of 2004-2007 to pay off consumer debt, such as credit cards and auto loans. In most cases, taxes will still apply to that debt, when forgiven by the lender in a short sale or foreclosure.

Another, more complicated item has to do with 2nd homes and investment properties. Quoted from the article:

Debt forgiven on second homes, rental property, business property, credit cards or car loans does not qualify for the tax-relief provision. In some cases, however, other tax-relief provisions — such as bankruptcy — may be applicable. IRS Form 982 provides more details about these provisions.

As always, because of the complicated rules set forth by the IRS, which are subject to change every year, contact your tax professional about your specific situation before casting judgment on how a short sale (or foreclosure) will impact your taxes due.

The Rounds Team can answer your questions about listing a distressed property or negotiating to buy when the seller is upside down.

Make sure to find us on Facebook and Twitter!

http://facebook.com/GrayhawkRE http://twitter.com/GrayhawkRE

[as written by Ross Trumble for Grayhawk Real Estate Team]

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Here's a little gem I threw together this morning. Apparently Florida Legislature was debating an amendment to a bill in committee when one of the members thought it would be funny to use Jay-Z lyrics to build a coalition.

He ran into a little problem halfway through. 

I used some light video editing to give J Hova his due respect.

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Mortgage Debt Forgiveness Act May Expire in 2013

Source: http://grayhawkre.com/2012/03/mortgage-debt-forgiveness-act-may-expire-in-2013/

Loan modifications, short sales and foreclosures offer homeowners who are in distressed properties a few options to move past a difficult financial situation.

However, the right option isn’t always clear, especially in the market we find ourselves in.

A loan modification can act as a bridge for a homeowner who is trying to get out from under an overwhelming mortgage payment and also avoid selling or vacating the property.

For others, foreclosure was unfortunately the only option, especially when the housing bubble burst for millions of homeowners in 2007. 5 years ago, Real Estate Professionals who specialized in short sales were sometimes hard to find and most loan modification options hadn’t even been dreamed up yet by banks and the Federal government. Homes going into foreclosure so quickly meant that many families were unwittingly subjecting themselves to huge tax bills. The reason being, that before ‘07, any mortgage debt not paid by the time a home was repossessed by the servicing bank, was counted as income.

For example, a family with a combined income of $120,000 who had a $400,000 debt left on a house they walked away from now had over $500,000 in potentially taxable income and had been bumped to a much higher tax bracket in the process. Many were shocked to when Uncle Sam hit them with a jaw dropping tax bill, post forclosure.

The Mortgage Debt Relief Act of 2007 changed all that and forgave that tax burden completely, but now it’s in jeopardy of expiring by the end of 2012. This could potentially affect short sellers as well. And given the fact that the length of time required to complete a short sale started today could easily extend in to 2013, the options for underwater borrowers looking to unload their mal-investment are now very muddled.

Remember, everyone’s tax situation is different, so it’s imperative to contact a tax professional if you are weighing your options for a short sale or foreclosure that could extend into 2013. And most importantly, contact a realtor for help with your short sale, as the process varies by bank and by loan disposition.

There’s no telling whether the Mortgage Debt Relief Act will expire, but the fact that it’s a possibility is a game changer in the short sale market right now.

as written by Ross Trumble for Grayhawk Real Estate Team

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GrayHawk Real Estate Blog - Banks Are Paying Sellers to Short Sale

Source: http://grayhawkre.com/2012/03/banks-are-paying-sellers-to-short-sale

Posted by Ross Trumble on Mar 5, 2012 in LATEST MARKET NEWS | 

Short sales and foreclosure sales are still dominating the residential real estate transactions in the Valley of the Sun. As a seller, a short sale can be a distressing process due to the complicated nature of the negotiations. There are two rules everyone in this situation should adhere to:

Always use a Real Estate Professional to negotiate on your behalf. Never go it alone

Always take advantage of any incentive program your bank is offering. Be informed!

Some major banks are offering very enticing programs for short sellers that you don’t want to miss out on. Bank of America, Citibank, Chase Bank, Wells Fargo and Ocwen will actually pay the seller anywhere from $3,000 to $35,000 depending on the qualifications of the program.

It may seem odd that the banks would actually pay you to short sale but there are many reasons for this. A short sale guarantees the bank will have a buyer where a foreclosure does anything but. And foreclosed homes are often mistreated or fall into disrepair, which costs the bank quite a bit more money than a short sale does.

If you’re in a distressed property right now and are considering your options for short sale, deed in lieu of foreclosure or just walking away, remember that a short sale is always the best choice if you can stay in the house while the negotiations take place.

In addition a short sale has a much lighter impact on credit scores and will not affect credit as long as a foreclosure does. There is no perfect option for homeowners stuck with an upside down property, but having the bank put money in your pocket for completing a sale sounds mighty appealing, doesn’t it?

Here are a few examples of these programs from RealEstateInsiderNews.com:

Wells Fargo: Wells Fargo frequently sends borrowers letters asking them to participate in a short sale and offering usually between three and five thousand dollars.

Chase & Citi Bank: Both of these mortgage lenders are now sending certain borrowers letters offering them the option of participating in a short sale for a significant incentive often between 20,000 and 35,000 dollars.

Bank of America Cooperative Program: In this program, qualified households that participate in this short sale program will receive $2500 at closing.

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Great looking flyer from an amazing night. 2.22.2012 in Mesa, AZ.

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Came across this little gem from my early days working with Helene Neville and OneOnTheRun, which is her cause to promote wellness for nurses and cancer survivors.

This was an unbelievable accomplishment she's planning another run from Canada to Mexico starting in May! 

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Yellowstone (2011)

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Olivia Munn wiping my brow at the Daily Show filming in PV. (2010)

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PF Chang's 1/2 Marathon Phoenix (2008)

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Post wedding reception chicago dogs with Hayd. (2011)

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Camelback Mountain, day after Thanksgiving with fam. (2010)