Slow Death Inside Of Nursing Homes

Slow murders and quick murders inside of nursing homes:

Please note there is an extremely important update to this article, at the end of the article. If you are any way involved in living in or visiting a nursing home or rehabilitation and care center, or if you have friends, relatives or co-workers inside of one of these places, it is vitally important that you read this complete article and the ultra-important update at the end of the article.

What is happening inside of our nursing homes and inside of our physical rehabilitation centers today would shock the average person. Right now, today, while you sit in your comfortable home reading this, someone your age, someone of your background is suffering at the hands of unscrupulous staff in nursing homes and in physical rehabilitation and care centers right in your own city.

Just recently a friend of mine from across the country called me to tell me that her mom was put into a hospital due to bedsores. The home-health care agency that was in charge of trying to help her and keeping her safe, neglected to turn her or move her every two hours and as a result of that neglect, this woman was hospitalized when the bedsores got so bad they were life-threatening. Would you think that a sore could be life-threatening.? Yes, and this is especially so to seniors, fragile , ill people and to disabled people. This woman recently died. And she died not from illness, but from needing to be hospitalized due to horrible bedsores.

What permits this to go on? Sometimes it is indifference but most times what permits the abuses to go on is that people are not aware that this is happening. This article brings it to light, brings it to your attention and begs your participation in changing things for better and asks you to take small steps to save a life today.

As you are reading this, pause for just one moment and let me ask you this question: Are you one of those people who do not or will not believe that people are being treated so horribly in America? If you are, give yourself and everyone else the benefit of the doubt and read the article that is listed inside this link near the bottom of the page. Also, if you know any doctors, ask them if they would put ANY family members inside of a nursing home. You will have your answer there.

One of the biggest reasons that residents get more unhealthy and sometimes die in nursing homes is due to bedsores. And usually bedsores are a direct result from lack of care, lack of good nursing home management and supervision and under-staffing of rehabilitation and care centers. In other words, the management in these places is so lacking and so inexperienced at keeping people healthy, that they do not keep proper track of how often patients are moved and changed from side to side. Once residents are allowed to lay still for hours at a time, these patients develop sores, which most times never heal. Most times, these sores can be life-threatening. How? If a resident has diabetes or other serious physical ailments, these sores can cause the patient to be more unhealthy and unhealthy to the point where they can reach near death. And the horrible truth is that ALL of these sores are totally unnecessary and totally avoidable. All the rehab and care centers and nursing homes have to do is to turn patients and move patients every two hours and document such moves. However the bad rehab and care centers and bad nursing homes just let the patients rot immobile until they develop sores.

How do they get away with doing that? Here is what they do. They allow the patient to rot in bed, bringing breakfast and other meals to the room, not encouraging the patient to come out to the dining room. Then once they rot in bed, they begin to be able to not move or turn themselves. This happens over time to patients in these bad centers. Once they cannot move themselves, they are getting worse, more unhealthy and sometimes die due to ulcers and bedsores.

Injury happens; patients may need amputations due to bedsores if they develop into gangrene. And then the cycle goes over and over until the person dies. And the bad rehab and care centers get away with this action. And today, they are getting away with it over and over and over. How? They are getting away with it because many patients have no visitor that can see what the place is doing to the resident. And the really bad places try their best to stop the other patients from having visitors. What can you do about this?

You can help also by reading ALL the articles that talk about negligence and malpractice inside nursing homes. Print these articles here and have them circulated inside of libraries and other stores that give you permission to put these articles out there. If you are store owner, kindly post this article on your bulletin board and pass it around the colleges and other schools. Thank you for saving lives. If you work in a nursing home, I urge you to copy this and bring it inside the nursing home and circulate it amongst family members and visitors. Please spread the word. You can do this anonymously. Leave it in bathrooms in a safe place. Place one in peoples’ rooms , of course with their permission. But spread this word about what is happening inside of these bad rehab and care centers and nursing homes. Pass the world, just like they passed the word about concentration camps, spread it person to person, business to business. Thank you, read more here.

Please check the email box at the top and circulate this to all your friends.

The average person would wince if they knew the truth. The truth is that each and every day, there are nursing homes and physical rehabilitation and care centers that make people sick. Instead of helping the patients get better, they allow them to vegetate. When elder care abuse occurs in the nursing home or physical rehabilitation and care centers across the nation, that abuse is more apt to be “covered up” because there are entire teams of people to do the covering up. In other words, something happens inside of a rehabilitation and care center or nursing home; it happens at “one level” — for example, inside a patient’s room or in the bathroom or other solitary places, and only that staff person sees what that staff person is doing or has done.

Once this abuse is “discovered” within the physical rehabilitation center or nursing home -it is the nursing home’s “job” to see that this abuse is not ‘let out ” to the public. After all, the staff, in reality is there to protect the nursing home’s image and to protect the nursing home’s finances and future FIRST -before they are there to protect the patients. Anyone who has been behind the scenes and inside of nursing homes can see that in most places or in lots of nursing homes –the staff does just that – protects staff and the corporation from social and financial losses.

One of the worst abuses that some rehabilitation and care centers commit are those abuses where they permit patients (who are able) to recline in bed all day just because it is easier for the staff to do that. Patients who come into the center in fair condition begin to lose muscle because they are permitted to recline in bed for many long hours during the day and night. These abuses are intolerable yet they still exist today in some centers and nursing homes.

Wheelchairs as Restraints: Another of the worst abuses in bad nursing homes is when they use wheelchairs as restraints. Wheelchairs are supposed to make residents lives easier and happier. They are not supposed to be used as restraints, but in the bad nursing homes and in the bad rehabilitation and care centers, the wheelchairs are restraints. Most of the residents on their long term care floor are basically prisoners and they wait for hours to go to the bathroom even though they are fully aware they have to go and they tell residents they have to go.

Most times, in these offending rehab centers, the residents are forced to wear diapers even if they do not want to wear a diaper. Would you want to wear a diaper if you did not need to wear one? No. But in the offending rehab centers, the residents are forced to wear them. Their other choice is to sit in their wet, cold clothing for hours and hours (because no staff brings them to the bathroom). The staff keeps the residents in wheelchairs and diapers as a matter of control, and as a matter of less work for them. (If a resident has no clean clothes, the resident (bound to his wheelchair cannot come out of the room and stays isolated in there). Once they are bound to their room, the staff has less work. That is one less resident that they have to care for. So watch out for places that use the wheelchair as restraints, because most likely they will use diapers for their convenience, even though some patients do not need nor do they want to be in diapers.

Discern: What is the difference between a place that is using wheelchairs as restraints and one that uses wheelchairs only when necessary? Look around. Go into many of the homes to visit. If you see tons of people in wheelchairs, just sitting around for hours (not for minutes), then you know that place is using wheelchairs as restraints. They make the people in wheelchairs wait and wait and wait and wait for ordinary living things like having meals or going to the bathroom. The good place that uses wheelchairs only when necessary has residents in wheelchairs too, except the residents do not have to wait for hours and hours to go to the bathroom. The waiting time is cut down, yet in the offending places, the waiting time is prolonged until no human being could wait that long.

Good verses Bad: That is the difference. And you will know as soon as you walk in whether the home really cares for residents or whether the home is just out to make money no matter what the residents feel like or look like. In the offending homes it is all about money. In the good homes, it is all about making residents and families comfortable. No one is making a blanket statement against all nursing home. However, the people who work inside of these nursing homes and care centers are well aware of what is happening. . This article is about the ones that are lacking in care, lacking in respect and about the ones that are daily breaking the law and on a daily basis violating the residents, patients and visitors’ rights. There have been cases where staff inside of physical rehabilitation centers and nursing homes have purposely covered-up wrong-doings to protect their own jobs and to continue to collect money from insurance for the benefit of the corporations that owned the rehab centers and nursing homes.

Now, here’s the news breakers that you might want to notice:

Inside some Nursing Homes and Physical Rehabilitation and Care Centers:

There are some residents and patients who have to wait an HOUR or more or sometimes two hours in order to go to the bathroom. Sometimes when residents complain about the treatment or complain about the lack of care, the residents are punished for speaking out. This is why you will not hear the complaints of the residents who are presently inside these nursing homes and physical rehabilitation and care centers.
There are some residents who are emotionally forced into wearing diapers because the staff lets them wait so long to go to the bathroom and the residents know this and thus they have to wear diapers against their will OR they have to sit in wet clothing for hours because no one can or will take them to the bathroom when they NEED to go to the bathroom
There are sometimes walls of people in wheelchairs in the corridors. Some residents are put in ‘recliner-type’ wheelchairs which they cannot move. Some sit for hours and hours in a corridor with no one around. They are left in these chairs unattended, unable to move, unable to get out of the chair; they sit and just hope that someone passes by. Then, when and if they are permitted to have visitors, the place changes “atmosphere” and the staff makes it appear as if these residents are actually getting attention and care.
There are some residents who are very afraid to speak up or to complain about these places because they have to be there all alone with the staff and SOMETIMES there are some staff who will retaliate against residents who complain about anything that happens behind the closed doors of these facilities. Speaking out is a punishable offense (though it is not legal, it still happens). Patients and residents are being punished for speaking out. Visitors and family members are being punished for speaking out. And this is the very reason why society needs to continue to speak out – for the protection of residents all over the United States of America and all over the world.
There is a majority of staff –against a small amount of family members, so when it comes to complaining to staff, when family complains “verbally” , those complaints are and will be ignored; and when family complains in writing, those families are retaliated against and the facilities illegally stop visitors on false trumped up charges.

These are just a few of the horrible things that happen inside of some physical rehabilitation and care centers and some nursing homes , today and every day, or every other day. Yet, none of this is put in the newspapers. None of this is made public because families and residents and patients are afraid of further retaliation. So, where does the buck stop? Who can help these residents and families. What can you do about these horrible injustices? How can we help those people inside of nursing homes and inside of physical rehabilitation centers?So, how do you help change lives? How do you change the system that is damaging many seniors and disabled individuals? How can you look inside of a nursing home and or rehabilitation and care center and bring care to those that might not be receiving care? You can help and you can help today. YOU, yes YOU — can make a big difference in this world today.Read and learn how you can help in this world today, help residents, help patients and help save a life today!

Beginning steps:

Get together with your local community organizations and or churches or synagogues
BRING this to their attention, and ask that a committee be formed. Have that committee arrange to go inside of nursing homes and into physical rehabilitation and care centers. Have them write and or call and ask for permission to bring visitors and programs inside of the facilities.
Organize holiday concerts or programs that you can bring in during regular days, weekdays and weekends into any of these residences.
Approach your local nursing homes and rehab centers and tell them that you want to help the residents become connected on the internet so they can contact their families which are usually in other states or countries.
BRING as many visitors as you can bring in to visit these patients and residents, (Ask permission from relatives and then sign in at the security desk of the nursing home. Tell them what you are there for and they should lead you to where you are due).

Why You Would Want to Help:

Here is what we observed while visiting a physical rehabilitation and care center in the United States:

Have you ever noticed that when the supervisors knew that visitors would be coming into the place, there seemed to be a ‘mysterious’ burst of extra employees and extra care and extra attention to residents while the visitors where inside the building. On ordinary days, when there usually was a lack of care or negligence due to lack of staff or missing staff or staff that just wasn’t there or staff that was overworked — that was the situation, but somehow , when the visitors were inside the building, there was an abundance (compared to regular days) of staff and everyone “seemed” to be attentive to residents and nicer to residents because they were putting on the “show’ for the public.
Have you ever noticed that once the visitors left the building (most visitors left even though there were many hours of visiting hours left , so one or two visitors remained), that the staff mysteriously got ‘busy’ somewhere else, and that is the time when residents were forced to wait one or two hours to be brought to the bathroom. If a resident needed a bathroom while a visitor is present, somehow that resident was able to get to the bathroom (while witnesses were there), but once all the visitors left — the residents went back to having lack of care and to some possible negligence and or malpractice.
One family member even overheard that one resident simply walked out of the rehabilitation center and the staff was not even aware that she was missing until she had gone miles from the place. No one noticed that this lady was missing! Imagine that? They were so busy doing other things, that they didn’t have time to keep an eye out for a patient who obviously needed to be watched and cared for.
Family members have told me that sometimes the staff made certain residents ‘cry’, that these residents were not crying when the visitors were there (there are witnesses when visitors come into these places). And no staff wants a resident crying or complaining while the visitors are present.
Some have noticed that in some places, supervisors and administrators lie right to the faces of family. We noticed that most of the staff diligently covers up what happens as soon as they want to cover it up. We noticed many things that we cannot type here. But trust that it is all true.

If you visit and stay long enough inside some facilities, you will see that some facilities are guilty of lack of care — at the minimum and guilty of more than that probably to this very day. Inside some nursing homes and inside some physical rehabilitation centers some residents are totally helpless and can not find anyone to complain to. effectively to (Even though the law provides avenues of complaints and even though the law provides departments and organizations that residents “CAN” complain to) Some of the residents are totally helpless and cannot safely and healthily make legitimate complaints about lack of care , so they remain there in their sad situation. The residents know that they have to stay there and that it is not easy or almost impossible to get out of there, so they are stuck with their complaints and stuck with their situations until visitors come to see them.

Help Save Lives and Help Change Lives Forever, try these:

Ask your co-workers to form a team that will visit individual residents in places like these. Contact the caregivers and family members of the residents and tell them that you would like to begin visits to that nursing home and ask their permission to visit their family members who reside in those places.
Ask your boss to begin a program where you work that will enable your workers to visit people inside of nursing homes.
If you know Geraldo Rivera or if you know any other journalists or media people personally, ask them to help uncover the injustices that are happening on a daily basis throughout nursing homes in Staten Island, NY, and all along the east and west coast. Ask anyone you know that has finances or community backing to help you begin to organize groups of people that will legally go into nursing homes to visit people. Contact us if you need names of nursing homes that can use your help in saving lives.
Advertise and seek out voluntary lawyers and legal professionals to help families deal with the red tape that some of the offending nursing homes and physical rehab centers dish out to families and residents who make legitimate complaints.
IF you know anyone who does radio shows or tv shows, ask them for free time to talk about the abuse that happens inside of nursing homes, and ask them to put a call out to lawyers and to other professionals who will help to work for social change inside of nursing homes.
ASK everyone you know to go and visit inside of nursing homes whenever and where ever possible. (always check with the families first and always obtain permission.
Go through your community and ask all families who have people inside of these facilities if you have permission to write to these seniors. Donate stamps and envelopes to seniors and write back and forth to them. Keep them connected. This is extremely important. Ask the families if you can telephone these seniors or disabled individuals and then do that once you gain permission.
If you are phoning someone at a nursing home and they never answer the pay phone, document that fully. Document how many times the phones ring and document how many hours or days or weeks it takes you to actually reach the resident.
All of the above information will be quite helpful at Congressional and public hearings when they come up. You can save lives and you can change conditions. Please help in all these community projects.
Write to us to share your ideas about what you or your organization are doing to help things get better. Share your information . You can help.

BY doing any and all of these things you will help change the conditions inside of nursing homes. Here’s another way you can help. Be in contact with residents inside of these places. Reach out to isolated patients via email and via telephone calls. Contact is what changes things inside of nursing homes and inside of physical rehab and care centers. Contact someone today to begin your own project.

Here are people to contact:

Contact your Senator or your Congressman to ask for public hearings regarding the conditions inside of nursing homes and rehab centers. (When discussing the problems inside of nursing homes be sure to emphasize that you are speaking about physical rehabilitation and care centers also. These problems are not only restricted to nursing homes). When speaking of the issues, remember to use that wording “rehabilitation and care centers” or rehabilitation centers. This will make your investigations and reports more complete than if you just speak about nursing homes.
Contact any of your local community organizations and ask for help in changing conditions “behind the walls” of nursing homes. Go to your local community leaders and ask them where you can go to for help. Reach out to everyone you know in your neighborhood and ask for referrals. You will find the right person to help if you just keep asking as many people as you can ask.
Contact other families in your communities. Contact them through PTA meetings and contact them through business improvement meetings and contact them through various meetings that happen in your community. Once you contact them ask EVERYONE to participate in some way to help isolated nursing home residents. Ask some to write letters to Congress or to the Mayor. Ask others to contact patients’ families and ask permission to visit. Ask the professionals, doctors, nurses and lawyers to come forth and say the truth about what happens behind the closed doors of those places. You can do it. You can help!
If you know a lawyer, or a professional worker, enlist them to help in this campaign against nursing home and physical rehabilitation centers abuses and malpractices.

Some simple ways you can help: First, Believe!

In order to help, you must believe. You will hear some incredible stories and they are true stories. You need to be able to listen to them and then to assure the patients or residents that you do believe what they are saying. This is some of the most valuable help that you can give someone — first, believe. You can help by believing the resident. Once inside these places, when residents complain to their families about the mistreatment or lack of care, the first thing that some families respond with is ‘disbelief” . After all, who would want to believe that PAID staff is not caring for their relatives. Who would want to believe that they put their relatives in a place that is possibly mistreating the relatives.

The best way you can help is believing the words of the residents when they complain that the nursing home staff is giving them lack of care or giving them abuse., believe them. Do not think that they are making up stories. Believe them. They are in no position to make up stories. They do not want to complain. They are afraid to complain about staff . So believe them. They feel safer complaining when you are there visiting them. So that’s why they mention it to you. And then once you leave , they are left to stay there. So believe them. Take them at their word. That’s how you can help. There are things happening inside of those centers that should not happen, yet they are there to witness it , and when you do not believe their words, when you doubt them, you take their hearts and dispose of them. So believe them. If someone is complaining to you about conditions inside of a facility, go and ask your Pastor, Priest or Rabbi how the community and how the church can help the residents. Please reach out to these people who need help. You can save a life today!

Handling the red tape of refusals:

Diligently document times, dates, days, places and the people that you speak with. Put all your requests in writing to help document. For example, write a very friendly letter stating that you want to come in and entertain or be with residents as part of your community project or school project. Tell them when you would like to visit (and try to arrange these projects during times when there are no visiting hours). When the facility refuses to let you entertain the residents or visit with residents, later ask to do the same – visiting- during regular visiting hours.
Document each and every request for each and every visit to each facility. Note the name and time and date of your request – and the name of the person that you speak with. Focus on one facility at a time. You can begin with those in the largest cities and work to those out in the country. We need help sending visitors into East Coast cities – those nursing homes that seem the hardest-hit. If there is any facility who refuses to cooperate , or any that seem to be hiding something, it would appear that those would be the ones needing the most help and the most visitors. (Connect with your lawyers and investigators in your own cities to see what kinds of help you can receive).Obtain permissions from any of the families and from any of the residents and patients that you wish to visit. And do this all year round. Visitors are needed every single day of the year, and especially on weekends.
If you are in a position of political power, think about your own relatives who someday might wind up in a nursing home or rehab center. If you think you can avoid this malpractice by sending them to a good fancy home, you are mistaken. What affects one person affects all people. Please help spread the world.

For some interesting readings and reviews about nursing homes and about hospitals, check this site Please send visitors into your local rehab care centers and nursing homes today. They need as many visitors as possible. If you are a family member of a resident, ask all of your friends, relatives, co-workers and others to visit the patient. The more visitors, the better; have visitors taking turns, shifts and that will best protect the resident. I know it is hard to do this, but wherever possible, do it, and you will help better the quality of care inside of that particular rehabilitation and care center by sending more visitors inside the walls of that place.Please contact us and keep in touch so we can all benefit from your ideas and suggestions on these matters. Be sure to read part two of this article which is being posted as you read this. I need to hear from you. You can help improve conditions inside of nursing homes even if your nursing home stay was more than a year ago or five years ago. Your comments are so important to everyone. Kindly let me hear from you. Thank you.

Products and Services That Will Create the Highest Business Profits

For online business, finding a target. a market of hungry people is very important. Next step is to find a solution to their problem. It is the solution to the information on the Internet that they want to pay for.

How do you develop this product or service that the target market will pay for? This is the hardest part of all new internet marketers in the beginning.

Actually there are lots of products to sell on line. There are different approaches to it.

1. Sell your own products has significant benefits:

You control the cost and monitor the quality of service the way you want to.
You ale able to find the most effective resources
You are in control of the market you are targeting with effective advertising and marketing
You can promote your product into different packages for potential net profits
You are not worried about your products dependency on any other companies policies.

Controlling your own profit, using the strategies to make highest profits and keeping an eye on it is the best part of owning your own product for business.

2. Sell Your own service or services:

It is easy to get started selling a service online but your revenue potential, in most cases is limited. Because you can provide as many services as your time allows and time is a limited commodity, unless we use other peoples time and reward them by paying for it.

Here are some of the services that can be fully delivered online.

Accounting, Bookkeeping, computer consulting, Custom music, Data entry, Desk top publishing, Events Planning, fitness program, Freelance writing gift Baskets, ghost blogging, Graphic Design, Greeting cards,
Newsletter publishing, Nutritional services, Party Planning, Programming, relocation consulting, Research, Secretarial services,Technical Writing, translating tutoring video editing, Web design Wedding consulting

There are some services that advertise on line but delivers them offline.
Whatever service you provide, it is very important to have a website of your product to tell the web world about your product, its quality and its pricing and its value, so your target market may find you and know you.

Actually you not only need to establish the benefits of the service you are offering you also need to establish the value of you providing this service.

3. Drop Ship products:
Drop ship lets you sell quality brand name products on your website for a profit, while the drop shipper takes care of fulfilling the orders. They warehouse the stock, pack the orders and ship them out to your customer

4. Recommend Affiliate products:

Recommending affiliate products is a great way to get started online. An affiliate program is simply a no risk partnership that allows you to program another product or service from an affiliate site, on your website. You get paid a percentage of the profits.

5. Selling Ads Space:

This requires a lot of high targeted traffic and still many people will feel that their ad is not doing a quality job. Because every business on line want to promote their products to the market they have solution for. And not to anyone or anywhere, where they can not get or may get a little business.

However targeted traffic is very important. Newsletter, is a great option here and then you can even sell ezine ads or article space with promotional strategies.

6. Joint Venture with like minded business:

Teaming up with other business in an effort to combine skills, products services and resources to create new streams of shared income.

Another way of joint venture is when small business combine their skill to create new product or service to offer their market.

Joint ventures can also be between a small company and a much larger one, when each has something to offer the other.

7. Start an Affiliate Program:

Once you have a product to offer to your target market, affiliate program is the best strategy to boost your profits. An affiliate program simply involves allowing other people to promote your products and services.
You pay a referral fee to affiliates once they bring buyers to your site and they buy the product.

8. Sell On Demand

These kind of sites have been around for a few years, they are incredibly easy way to sell merchandise through a website but few people have realized the profit potential such stores can offer. Cafe Press is a good example of it. The on demand merchandising site manages every aspect of the online business.

9. Become a successful eBay seller:

In fact eBay is the most visited e-commerce solution site on the Internet and growing every year. Even the downfall of global economic condition did not bring a huge difference in the sales and profits of eBay.
When you sell products on eBay, you get instant access to qualified shoppers, people who are already sitting in front of their computers with their credit cards in hand. All world products available here.

10. Sell offline products through your Brick and Mortar business, online

More and more people are turning to Internet for information before going to an real off line store now, whether they are planning to buy a book or dinner or a house. Chances are if they get to see a site where they found exactly what they want, they will buy right away from the Internet and save their time and gas money. Your business growth potential is unlimited.

Internet is the biggest consumer pool and its potential is just waiting to be tapped. The benefits to having your own website are too many to count.

11. Sell other peoples products by purchasing reprint rights eBooks email courses and software.
There are different types of rights available for purchase to a product. You get permission to sell products for another business in exchange for a percentage of each sale. Master rights are most expensive and valuable. However, it is good for the new people who are just starting to sell on line.

12. Electronic products are the most profitable product to sell online.

1. E-products are easy to produce
2. Duplication is free.
3. There is no shipping cost and so customer is happy.
4. Delivery is instant
5. Entire business can be automated.

From software to eBooks, all information products can be delivered electronically and give you the most profits possible.

So opportunities are endless on the Internet. You can easily sell anything from spa products to salon products or elderly services. However your due diligence to choose what suits you the best is also necessary. Internet business on line is even bigger than eBay because it includes eBay. Choose working from home and enjoy the new freedom from nine to six and escape the frustration of rush hours and boost your image and self-worth buy getting the highest profits on the INTERNET.

So, with the limitless opportunities on the Internet now, there is lots of room for each one of you to be successful, as a business owner or becoming an outstnding distributor. In case the current economic condition is effecting you and you have least funds, think of making a living with your computer. Least expensive, time saving and controling your economic destiny yourself.

Tenancy After Foreclosure – Obama Tenant Protection Law Obscures State Law and Invites Tenant Fraud

Ah, the good ‘ol days, back when in 2008. Life was so much simpler then. When an investor purchased real estate after foreclosure the trustee conveyed clear title to the new owner. All junior liens, including junior leases, were wiped out. If the property had a tenant, no worries, the new owner need only give a notice terminating the tenancy.Planning was easy; so was turning around a dead property and putting it back on-the-market, ready for a new family, occupied, useful and socially beneficial again, typically at a windfall savings to the new homeowner. In July 2008, the California legislature where I practice, with our Governator’s consent, increased the 30-day tenant notice period to 60 days, not a great piece of news for the much-needed California real estate investor but at least the new law was clear and the investor could still plan.And then came Barack.In a major federal intrusion into long-settled, clear, and fair California state law, Obama and the democratically-controlled Congress passed the beneficently-titled “Protecting Tenants At Foreclosure Act” signed into law by President Obama on May 20, 2009. As with many of the grandiosely named federal laws, this one too has a truth in labeling problem.The Act doesn’t “protect” tenants in California so much as it delays the rehabilitation of foreclosed properties and the offer of those properties to new families at discounted prices, increases the cost and uncertainty of real estate investment in tenant-occupied properties in California, and increases the amount of deficiencies to be born by the lender in foreclosure since new investors price into their bids the inevitable delay and uncertainty that Obama’s law creates. More troubling, the Obama law has given rise to tenant scams wherein tenants seek to extort huge sums of money from the new investor in exchange for leaving. How has the Obama law created such uncertainty and havoc?It’s very simple. Recall that under pre-Obama state law, the junior lease held by the tenant was extinguished by the foreclosure sale. In nearly all foreclosure cases, the tenant’s lease was junior to the foreclosed deed of trust because it either came after that deed of trust or because the lease contained a subordination clause. Thus, the new investor bidding at foreclosure could do so knowing that he would receive absolutely clear title to the property and that any tenant residing there could be evicted on either a 3-day or 30-day notice (later increased to 60 days), depending upon whether the tenant was the prior owner.The critical change to California legal prerogatives that Mr. Obama’s federal law made is that now new investors purchase at foreclosure “subject to” any existing term lease. In other words, the tenant’s leasehold is no longer wiped out at the foreclosure sale. If the lease is month-to-month, the new owner must give the tenant a 90-day notice, a period thirty days greater than what California state law currently provides.From a policy standpoint, this hastily prepared law makes little sense. The real estate market won’t recover until it first hits bottom. It is the real estate investor, the “flipper”, who will determine the bottom of the real estate market. For the benefit of all homeowners, the law should be making the process easy for flippers to turn these foreclosed properties around. Instead, the federal government has chosen to make the process for investors less certain, more costly, and more time consuming. Additionally, the Obama law was an unnecessary incursion into state law since California’s 60-day notice statute already adequately protected the rights of tenants.As if waiting 90 days-an eternity in real estate time-to terminate a tenancy weren’t bad enough, the law gets worse. The Obama law also permits term-lease tenants to stay for the duration of their term, even where the remaining term exceeds 90 days. The upshot? A real estate investor in a tenant-occupied property in California has no idea going in how long it will take to offer to the market a vacant property. But don’t worry investors, our president had your concerns in mind when he signed the law. In a gesture of presidential even-handedness, Mr. Obama limited the scope of the law to only “bona fide tenancies” and “bona fide leases”. Under the law, a bona fide tenant is one who a) is not the prior owner or the child, spouse, or parent of the prior owner, b) the lease was the result of an arms length transaction, and c) the lease requires rent “not substantially less than fair market rent”. The law fails to define “not substantially less than fair market rent.”For the tenant to stay the duration of his term lease, the lease must also have been signed “before the notice of foreclosure”. The Obama law does not define what is meant by “before the notice of foreclosure.” Does that term mean before the tenant’s or the owner’s actual notice of… what? Default? Notice of Sale? What about the cases where the foreclosure sale was postponed? Is the time of “notice” the date of the original sale or the postponed date? Is the prior owner’s power to lease tied to his right of redemption? Since the law doesn’t specify, it is virtually impossible for the new owner to know whether the tenant signed his term lease “before notice of the foreclosure” or afterwards.In order for the new owner to learn whether the Obama law requires a 90-day notice or permits the tenant to stay for the balance of a term lease, the investor will have to sleuth out facts about the lease and tenancy, all of which will have to be voluntarily disclosed by the tenant. For example, the new owner will have to learn who the tenant is and whether the tenant is related to the prior owner. The new owner must obtain the tenant’s lease so that he can determine at what point during the foreclosure process the lease was entered into, whether the rent is “not substantially below fair market rent”, and, most importantly, what term remains on the lease. The foregoing facts were irrelevant under state law but are now central issues due to the Obama federal law.In practical terms, what is the problem? Where President Obama and his fellow utopians saw an opportunity for reform, tenants saw an opportunity for profit. Tenants and foreclosed property owners (particularly when the tenant and prior owner had a pre-existing personal relationship) have colluded to enter into long term leases near the time of foreclosure thus tying the property up for the new owner. When the new owner comes on the scene, the tenant then demands an exorbitant amount of money in order to move.The Obama law’s failure to define “before notice of the foreclosure” guarantees that the issue of whether the term lease is valid, i.e. whether it was entered into before or after “notice of the foreclosure”, will have to be litigated. The Obama law makes this scam possible because it circumvents California state law that would have wiped out the junior lease at foreclosure.It didn’t take tenant lawyers long to get into the act. Now, when a tenant-occupied property goes to foreclosure, the tenant is inundated with solicitations from lawyers promising the tenant months of free rent and financial windfall. These solicitations advise the tenants not to cooperate with the new owner, not to identify themselves, not to give the new owner a copy of the lease, not to say how long they have lived there. In short, the tenants are being told not to give any information to the new owner, regardless of the new owner’s legal right to the information. The tenants are also advised against complying with the new owner’s statutory rights to enter the premises or cooperating in the new owner’s efforts to renovate and market the property.What are the solutions to the problems created by the Obama law? First, try to work with the tenant. Speak to the tenant and try to learn his name and the names of all people living at the property. Try to obtain a copy of the lease. Attempt to work out a cash-for-keys deal or, if your business model calls for the tenant to stay, try to close a new lease. This process may take a lot of telephone calls and trips to the property. Second, make clear to the tenant that, if you have to hire a lawyer, all deals are off and the lawyer will do all that he must to safeguard the new owner’s rights. Third, if you have a steadfastly uncooperative tenant, your only option is to obtain legal help.I have a system in place to deal with uncooperative tenants that begins with telephone calls and correspondence and continues all the way through multiple lawsuits designed to give the tenant incentive to cooperate and to move-out, nearly always before the 90-day Obama period and commonly in as little as 30 days.The costs and attorney’s fees associated with this system are often less than what you would pay the tenant to move, less than the monthly carrying charges on many properties, and a fraction of the discount that you factored into your bid to acquire the property because it was tenant-occupied. If you would like to learn more, please contact me so that we can explore your options. Please remember: You do not have to tolerate an uncooperative or scamming tenant.