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Friday, June 25, 2004 Headlines--- Correction:
RW Professional Leasing Trial Where
is Phil Walden, formerly of Saddleback? Pictures
from the Past--1991--WAEL Past Presidents Republic
Now NetBank Business Finance Wells
Fargo’s Terminal Marketing Company Debacle? Equipment
Leasing and Financing Journal Available alaQuote:
Leasing News Archives - June 25,2003 Fitch
Rates CIT Equipment Collateral 2004-EF1 Jeffrey
L. Clark De Lage Landen Biz Dev. Global plus bonus: The original radio show of Abbott and Costello’s,
“Who’s on First Base.” ######## surrounding the article denotes it is a “press
release” ------------------------------------------------------------------------------- Classified
Ads---New Feature
We are going to start
a new feature, and make available to those who would like
to include a picture of themselves and/or direction to their
“blog” or web site, should they
have one. All those who have
an ad are being contacted by Steve Chan. Every 30 to 45 days
we check all the ads in all the categories to check if the e-mail
address is still working, if the people are still actively seeking
employment, suggesting that they think about changing the
wording in their ad. We are
also letting them know about the
photograph, “blog” or web site feature. Leasing News has
95 “job wanted” ads on line at: http://64.125.68.90/LeasingNews/JobPostings.htm There are other sites
to post your “announcement” that you are seeking employment.
Some are free, some have a fee. Should you have one
to add to our list, please let us know. www.adams-inc.com ------------------------------------------------------------------------------- Correction: RW Professional Leasing Trial In yesterday’s story,
left out the most important fact, and the purpose of the up-date: The
actual trial is scheduled for October 14th, 2004. It should have been
in the headline. editor http://www.leasingnews.org/#rw ------------------------------------------------------------------------------- Where
is Phil Walden, formerly of Saddleback? Anyone who can give us a lead, please send to ------------------------------------------------------------------------------- Pictures
from the Past ---1991--- WAEL Past Presidents
“Pictured here is
some of the Western Association of Equipment Leasing ( WAEL—pronounced
“Whale,” is the former name of the United Association of Equipment Leasing
Association (UAEL—pronounced U.A.E.L.) Past President who
were honored during special recognition ceremonies in commemoration
of WAEL’s Fifteenth Anniversary---the Crystal Celebration. Conference Chairman
Peter Eaton, CLP, First National Leasing Corporation(center) joins Past
Presidents (l to r) Jim Possehl, CLP, President Republic Financial Corporation(1989),
President Steve Dunham, Leasing Associates (WAEL’s first President—1974);
Bob Jacobson, III, CLP, Consultant (1984 president); Eaton (1994 president);
Ted Parker, CLP, LSA West Capital Corporation (1986 President): and
Steve Head, Interbank Leasing Corporation (1977 President).” 30th
Anniversary Party October 21st, 2004, the “First Timers” meeting is scheduled from 6 to 7pm, and
then the 30th Anniversary Party from 7pm to 10pm at the United Association
of Equipment Leasing Conference Monterey,
California Leasing News Advisory Board member, and long-time friend
,Steve Crane is the Conference Chair. CEO Joe Woodley is going to invite the real
“old timers” as his guest to the 30th Anniversary Party, so this should
be a very memorable event. Perhaps even Bob Jacobson
III may show up along with Curt Lynse; maybe
Russ Rickards and even Dr. Ray Williams, CAE. Won’t that be a kick!!! (I look forward to
meeting Leasing News readers in Monterey. Please go here for further information about the conference, and about the area. Kit Menkin.) http://www.leasingnews.org/Conscious-Top%20Stories/Monterey.htm ------------------------------------------------------------------------------- Republic
Now NetBank Business Finance Republic Leasing
of South Carolina has formally changed its name to NetBank Business
Finance
Reaction has been
very good, and the only one who gave us permission to quote
them was Charlie Lester of LPI Financial: “I think this is a excellent announcement since it ends
the speculation that has existed from the day Net Bank acquired
Republic. Those of us that do business with Republic can now get back
to business as usual without this distraction. Knowing Charles Randall and Dwight Galloway---the only things
that will change are the name on the door and the dollar limits. Republic
and Manifest have been the most stable of the funding sources
for the past six years and both have grown since being acquired
by banks. By the way, if you know
a bank looking to buy a Mickey Mouse company in Marietta, GA, please
ask them to call me. Charlie” On April 1, the announcement
was made that Republic Leasing of South Carolina would become a division
of the bank. http://www.leasingnews.org/Conscious-Top%20Stories/Republic_Leasing2.htm It is our understanding
that loans and leases are serviced by the bank, although most of the
mortgage business is “sold off” or serviced elsewhere, very similar
to the Advanta operation and is the common procedure in the
mortgage industry (as many of us home owners know.) Net Bank is the largest
internet bank, and perhaps the most successful. In there most recent public release of financial standings they
noted the commercial equipment leasing business had production of $39 million, a decrease of $5.2 million or
12% . http://www.leasingnews.org/Conscious-Top%20Stories/NetBank_Report_down.htm Republic Leasing
of South Carolina was one of the first that went to the securization market primarily from sales generated by leasing brokers.
July 26,2002 Dwight
Galloway wrote a letter to over 100 brokers, basically saying it wasn't
profitable for his company to continue to do business with them. http://two.leasingnews.org/archives/July2002/7-31-2002.htm November 22,2001,
he announced the acquisition of our long time parent, Resource Bancshares
Mortgage Group, Inc. by NetBank, Inc. http://www.leasingnews.org/Conscious-Top%20Stories/dwight.htm In related news, NetBank reports that MBNA Corp. has started
issuing small-business credit cards for NetBank. Payroll and tax filing
services are also offered to NetBank's small business clients, through
a partnership with PayMaxx Inc., and financing programs for capital
equipment. NetBank says 1,600
small businesses have signed up since it introduced accounts for small
businesses a year ago, bringing more than $37.5 million of deposits,
and they intend to service bank customers for loans and leases. ------------------------------------------------------------------------------- Wells
Fargo’s Terminal Marketing Company Debacle? Dale Washington Attorney 714 593-2317 (Leasing News has
written about leases assigned to Terminal Marketing of New York ( no
longer in business ) who never paid Fargo. Often, Terminal Marketing was making the monthly
payments until they went out business.
As long as they were adding more “We are defending
one of the victims of this scheme - someone who filled out the lease exactly as they had done before, only to have it sold off
but never funded. Wells Fargo
is trying to litigate them and others across the Country into oblivion. We think it will backfire and wanted to provide
Leasing News with some up to date legal analysis, hope it helps: “Assignees of negotiable
instruments (e.g., drafts, checks or notes) who become holders in due
course (i.e., take the instruments for value, in good faith and without
notice of any defects) ordinarily obtain their interests free of all
'personal' claims and defenses (e.g., fraud in the inducement or failure
of consideration). [Comm'l C. §§ 3302 & 3305; and see Bank of Costa
Mesa v. Losack (1977) 74 CA3d 287, 293, 141 CR 550, 553] .
This is the position Wells Fargo claims to be in - a finance
company that took the Terminal Finance Company I & II leases for
value without notice of any fault with the leases.
It is called the “empty head and the white heart” test -they
grind defrauded people into the dust based upon the paperwork. “We think Wells Note
holders are not an assignee of the Leases, but rather creditors of Terminal
Finance I & II. This is
because Wells Fargo referred to them essentially owning Terminal Finance
shares until the notes were paid off; Also, they keep referring to “lease-backed
notes.” Persons who are merely
successors in interest to prior holders in due course (e.g., purchasers
at judicial sales, attaching creditors or bulk purchasers) are statutorily
excluded from the definition of a holder in due course. [Comm'l C. §
3302(3); and see 3 Witkin, Summary of California Law, Negotiable Instruments,
§ 73] . If we are right on this
one, then Wells Fargo’s position is to step into the shoes of Terminal
Finance I & II - they have to defend Sanford Schneiderman’s position. Keep in mind Terminal Marketing Company and
Terminal Finance Company have the same CEO - Schneiderman, and “There is a second
rule which I think applies to these leases, called the Orange County Mach.
Works (1950) 34 Cal.2d 766, 214 P.2d 819. “The arrangement
at Wells Fargo & Terminal Finance I & II certainly has Terminal
Marketing as the moving force - writing purchase orders and so forth. But Wells Fargo is also involved in one of the key areas of the moving force test. According to the acquisition agreement (and
what was happening), Terminal Marketing Company would come to Terminal
Finance Corp for a funding. Terminal
Finance would take the Lease, take Terminal Marketing Company’s debt
associated with the Lease and simultaneously borrow money from Wells
Fargo investors to pay Terminal Marketing Company’s debt. “We have asserted
this case, that Wells Fargo was ‘within’ the Commercial Credit exception
due to this participation in the deal rather than being a mere investor
who purchases the lease after a transaction. “Also, check the
documents. If documents are
defective on their face so as to call into question their authenticity,
no taker can become a holder in due course.
The case we have includes many altered documents, including a
dummied up delivery acknowledgment.
Since Wells apparently accepted a photocopy for this document,
we think they took a chance of having it be forged.
Now that it turns out to be forged, they cannot hide behind the
paperwork. “One other point,
Wells Received notice of irregularities at Terminal Marketing Company
on January 5, 2001. We know
they had information sooner but have not yet gotten to it. Anyone who has a lease issued after then appears to have an e ticket
out of the case. “Keep in mind these
are our opinions - we may go down in flames in the next 3 weeks. Till then, we are sharing information with
anyone as Wells Fargo is abusing public trust to CYA whomever failed
to keep tabs on their partnership with Schneiderman.” Dale Washington Attorney 714 593-2317 ( Attorneys for Wells
Fargo did not want to comment on the cases in litigation.
editor) ------------------------------------------------------------------------------- Equipment
Leasing and Financing Journal Available Now on line with good information such as: "The Imperfect
Fit: Making Form Leases Work for High-Tech Equipment" Article By Barry S. Marks and James M. Johnson, PhD. Forms drive equipment
leasing. However, the standard lease form typically is ill-suited to
the leasing of desktop and notebook computers and other small, often
portable technology equipment. In short, one size does not fit all.
This article, recently published in the Journal of Equipment Lease Financing,
signature publication for the Equipment Leasing & Finance Foundation,
looks at some of the pitfalls of those standard forms, offering sound
alternatives to traditional lease language. http://www.two.leasingnews.org/loose_files/TheImperfectFit.pdf The full edition is available at: http://www.two.leasingnews.org/loose_files/TheImperfectFit.pdf From Leasing News Archives ---- June 25,2003 One
of the Best Kept Secrets in Leasing? alaQuote While most in the
leasing industry know me as the "service provider" for CapitalStream
Advantage, I also am a leasing web site software writer, creating sites.
In the course of
the up-grades on CapitalStream Advantage and doing custom work for brokers
and leasing companies, I thought what was most needed in the industry
was a simple web based program that would allow a broker to furnish
for any sized vendor, a professionally presented, private label payment
calculator, quote letter, application and credit release authorization
tool. While there were
many programs out there that could do this. They Remembering what
John Kruse said when he first introduced "System 1,"I tried
to follow his advice: KISS: Keep it simple, stupid. I came up with "alaQuote."
However, in marketing it, I found no one wanted to discuss
it. It seemed to give them such an advantage, they didn't want
to share it with anyone. All of the customers
on alaQuote tell me they love the program (they keep
renewing their subscription and pay us each month), but don't talk about
it amongst their fellow brokers. They all want it as their own competitive
edge and don't care to share it with others. One of my first customers,
a well-known broker, first got on alaQuote a year and a half ago. He
had told me that he wasn't going to give anyone a rave review
of the program because he didn't want his competitors (other brokers)
knowing about or using it. A super broker/lessor
who I asked for a recommendation told me he loved the program, but also
didn't want his competitors to know he was using it, or how well he
liked it. We rely heavily on
referral business so this exclusivity attitude amongst our customers
put us in a marketing dilemma. We are thankful for Leasing News to publish
an open forum that allows community related discourse that will benefit
it's members. I encourage anyone
who wants to broaden their vendor marketing efforts, and is looking
for a fantastic tool to add to their sales arsenal, to contact us and
experience alaQuote, firsthand. It is extremely affordable, simple to
use and delivers a polished and professional presentation. You may see
a demo of the program, from the applicants perspective, by visiting https://www.elbtools.com/secure/calc.php?elbt=10032173551 Jim Buckles jim@pbs4u.com Preferred Broker
Solutions / ELBTools www.pbs4u.com
/ www.elbtools.com 19621 82nd Pl W Edmonds, WA 98026 (866) 352-8665 sales (435) 514-3787 fax ------------------------------------------------------------------------------
------------------------------------------------------------------------------- ### Press Release
############################### Introducing Securint - a Revolutionary Online Employment
& Tenant Screening Tool
[headlines] Fitch
Rates CIT Equipment Collateral 2004-EF1 Fitch Ratings-Chicago-J:
Fitch rates the CIT Equipment Collateral (EC) 2004-EF1 (2004-EF1) $141,000,000
class A-1 notes 'F1+', the $90,000,000 class A-2 notes 'AAA', the $172,276,000
class A-3 notes 'AAA', the $16,992,000 class B notes 'AA', the $16,992,000
class C notes 'A', and the $15,859,654 class D notes 'BBB'. The 2004-EF1 transaction
represents CIT Group Inc.'s (CIT) third public securitization of assets
originated from its equipment finance (EF) business unit and consists
of contracts secured by the purchase or lease of a variety of equipment
types, including construction, transportation, and manufacturing equipment.
Rated 'A' by Fitch's financial institutions group, CIT is a leading
global diversified finance company offering vendor, equipment, commercial,
factoring, consumer, and structured financing capabilities. A wholly
owned subsidiary of CIT, EF is the originator and servicer of the contracts
within 2004-EF1. The class A ratings
reflect the credit enhancement provided by the subordination of the
class B notes (3.75%), class C notes (3.75%), class D notes (3.50%),
the initial reserve account (3.00%), and expected excess spread. The
'AA' rating on the class B notes reflects CE provided by the subordination
of the class C notes, the class D notes, the reserve account, and expected
excess spread. The 'A' rating on the class C notes reflects CE provided
by the subordination of the class D notes, the reserve account, and
expected excess spread. The 'BBB' rating on the class D notes reflects
CE provided by the reserve account and expected excess spread. In deriving credit
enhancement levels, Fitch evaluated the performance of CIT's prior EF
securitizations, as well as the delinquency and loss performance of
EF's aggregate portfolio, taking into account both static and annualized
data. Fitch took into consideration the cyclicality of the construction
industry and the impact of an extended economic downturn on delinquencies,
non-accruals, repossessions, and ultimate realization and timing of
recoveries. Finally, Fitch considered the overall strength of EF and
CIT's commitment to the business unit. With an initial contract
principal balance (CPB) of $453 million, the 2004-EF1 pool contains
5,761 contracts, with a weighted average seasoning of approximately
ten months. Major equipment types are construction (40.69%), transportation
(26.45%), and manufacturing (16.79%). Geographic concentrations of more
than 6% as of the initial cutoff date include California (12.04%), Texas
(7.21%), and Florida (6.73%). The obligors are primarily involved in
the construction, manufacturing, and services industries, with the five
largest customers representing 2.15% of the initial CPB. On each monthly payment
date after scheduled interest, the owner trust will pay principal on
the notes. The class A-1 money market tranche will first receive at
least enough principal to reduce the outstanding amount to its scheduled
principal balance, with remaining funds used to pay principal on the
class B notes. Once the class A-1 noteholders have been paid in full,
principal payments are then allocated pro rata among class A and B,
with distributions made sequentially among the class A notes. Upon full
amortization of the class A and B notes, principal will then be distributed
in a sequential manner to the class C and, finally, to the class D notes
until paid in full. Contact: Brigid E.
Keyes +1-312-606-2361 or John Bella, Jr. +1-312-368-2058, Chicago. Media Relations:
Sandro Scenga +1-212-908-0278, New York. ##### Press Release
########################### De Lage Landen appoints Jeffrey L. Clark as Vice President - New Business Development, Global
Structured Finance WAYNE, Pa.,– De Lage
Landen Financial Services, a leading international provider of high-quality
asset-based finance products to manufacturers and distributors of capital
goods, has appointed Jeffrey L. Clark to the newly created position
of Vice President – New Business Development for its Global Structured
Finance Group. In this capacity, Clark will report directly to Ted Radomile,
Senior Vice President – Global Structured Finance. Prior to joining De Lage Landen, Clark served for 12 years as
Managing Director, Principal for Kramer Clark & Co., Inc. From 1990
to 1992 he was Managing Director – Debt Placement for Hunter, Keith,
Marshall & Co. Inc. He earned a Bachelor of Science degree from Michigan State University
and a Master of Business Administration degree from Western Michigan
University. De Lage Landen International B.V. is a Netherlands-based international
provider of high-quality asset financing products. With a presence in
more than 20 countries across the globe, the company focuses on the
following industries: Food & Agriculture, Healthcare, Office Equipment,
Telecommunications, Information Technology, Materials Handling &
Construction and Financial Institutions. In its domestic market the
company offers Equipment Leasing, Consumer Finance, Car & Commercial
Vehicle Leasing, ICT Leasing and Trade Finance through local Rabobanks
and direct to market. De Lage Landen is a wholly owned subsidiary of the Dutch Rabobank
Group that is AAA-rated by Moody’s and Standard & Poor’s. In 2003
De Lage Landen grew its profits to $129.7 million (€114.8 million) and
its balance sheet total to $17.8 billion (€14.1 billion). For more information,
please visit our Website: www.delagelanden.com ### Sites of Reference: CONTACT: Ronald Slaats, Chairman
& Chief Commercial Officer De Lage Landen Financial
Services Phone Number: 610
386 5023 Fax Number: 610 386
5840 E-mail: rslaats@leasedirect.com
#### Press Release
############################ ------------------------------------------------------------------------------- Classified
Help Wanted Ads Business
Development Office
Sales
Specialist
------------------------------------------------------------------------------- News
Briefs--- If you are looking
for a book that will give you the information of a leasing company in
another company to send a deal or find out information---or if you are
looking for another source in the United States-This is the most informative
book you can find anywhere.
Durable-Goods Orders Down Again Last Month http://www.washingtonpost.com/wp-dyn/articles/A3597-2004Jun24.html New home sales soar nearly 15% to break record http://www.usatoday.com/money/economy/housing/2004-06-24-new-homes_x.htm Mortgage rates fall but are higher than same period
last year http://www.usatoday.com/money/perfi/housing/2004-06-24-mortgages_x.htm A Day For Disappointing Earnings http://www.internetnews.com/bus-news/article.php/3373341 Lockheed Scuttles Plan to Purchase Titan http://www.washingtonpost.com/wp-dyn/articles/A4281-2004Jun25.html Tyco's Former Top Lawyer Says He Deserved Big Bonus http://www.nytimes.com/2004/06/25/business/25tyco.html AOL Bets $425M on Advertising.com http://www.internetnews.com/bus-news/article.php/3372921 Spokane Gets 100 Blocks Internet Wireless http://apnews.myway.com/article/20040624/D83D2EJ00.html --------------------------------------------------------------------- California Nuts Briefs--- Gov. Arnold Schwarzenegger of California in his office.
Schwarzenegger, Confident and Ready for Prime Time http://www.nytimes.com/2004/06/24/national/24ARNO.final.html?adxnnl= 1&adxnnlx=1088141455-P0swj786/JDDFx7Af9wKZA ( Schwarzenegger
and how he handles the press in Sacramento)
page 12 http://dailynews.service.com/dailynews/PADN/2004/06/PA_20040621.htm
---------------------------------------------------------------------------- “Gimme that Wine” Panel votes for vine pest funds $42 million to battle
sharpshooter insect, Pierce's disease (If they can’t eradicate this insect, it may wipe
out vines the turn of the century, so make plans to visit now,
before http://www.pressdemocrat.com/business/news/24sharpshoot_e1.html FRANCE: Wine exports to US slide again http://www.just-drinks.com/news_detail.asp?art=23644 French chief toasts New Zealand wine purchase http://www.nzherald.co.nz/storydisplay.cfm?storyID=3574403&thesection =business&thesubsection=adandmark East Coast Red Wine Wins A Gold Medal in LA Competition http://www.vino.com/press/press_release.asp?PRID=367 UCD dedicates Mondavi wine and food institute http://www.californiaaggie.com/article/?id=4925 Maxfield gathers steam to bring Wine Train to Calistoga http://www.napanews.com/star/templates/index.cfm?template=story_ full&id=AB6085D1-2B8A-484A-AC1A-AE9DC1399EEE 14th Annual Napa Valley Classic to be Held July 24
in Calistoga http://www.vino.com/press/press_release.asp?PRID=359 In Champagne's Shadow, the Sun Shines---Eric Asimov http://www.nytimes.com/2004/06/23/dining/23WINE.html This Day in American History 1630—Governor Winthrop introduced the fork to American dining. The
custom was to eat with your sharp knife or hands. http://www.johnwinthrop.org/ http://www.caer-galen.outlands.sca.org/fork_1096.html 1749
- A general fast was called on account of drought in Massachusetts.
It was the year of the famous dry spring in which fields and villages
burned. 1788-Virginia
became the 10th state to ratify the Constitution. Jamestown,
was the first permanent English settlement in North America, The state,
also known as Old Dominion, was named after the "Virgin Queen",
Elizabeth I of England. Virginia and its capital, Richmond, have played
major roles in American history. Like West Virginia, it names the cardinal
as the state bird. The official state flower of Virginia is the flowering
dogwood. 1825
-- Capture of Bob Forbes, leader
of the Maroons (blacks resisting slavery) in Virginia. http://en.wikipedia.org/wiki/Indian_slavery http://www.worldcatlibraries.org/wcpa/ow/c8d8425243f3ef76a19afeb4da09e526.html 1844-President
John Tyler married Julia Gardiner, daughter of a New York State Senator,
at the Church of the Ascension, New York City.
He became the first president to be married in the White House.
His first wife, Letita Christian Polk, whom he had married on
March 29,1813, had died on September 10,1842, in the White House. 1862-Earlier
this month, at Fair Oaks, Virginia, Confederate forces under General
Joseph E. Johnston stalled the Union advance toward Richmond in General
George B. McClellan’s Peninsular campaign.
Johnston was wounded at Fair Oaks and Robert E. Lee was then
appointed commander of the Confederate Army of Northern Virginia. He
then launched a series of engagements on this date that became known as the Seven Days Campaign.
Battles at Oak Grove, Gaine’s Mill’s, Garnett’s Farm, Golding’s
Farm, Savage’s Station, White Oak Swamp and finally Malvern Hill left more than
36,000 casualties on both sides. Despite
losing the final assault at Malvern Hill, the Confederates under the
leadership of General Lee succeeded in preventing the much larger Union
army from taking Richmond. http://library.thinkquest.org/3055/graphics/battles/7day.html?tqskip1=1&tqtime=0625 1862-First
day of the seven-day battle at Oak Grove http://www.morssweb.com/hookrbde/7days.shtml#oakgrove http://www2.cr.nps.gov/abpp/battles/va015.htm 1864-President
Abraham Lincoln signs bill providing schools for Black children 1864-The
Union Army facing mounds of pickets and bunkers decides to dig tunnels under this obstructions http://lcweb2.loc.gov/cgi-bin/query/I?cwar:20:./temp/~ammem_ |