Kit Menkin’s Leasing News

                   www.leasingnews.org  Monday,May 6, 2002

Accurate, fair and unbiased news for the equipment Leasing Industry

 

           Headlines----

 

Las Vegas EAEL/UAEL Conference---Steve Geller

   Bob Rodi Report on the Las Vegas Conference

  Mission Accomplished---Reitman Brings “Archie” Home

              This Week ---May 6-10

   Duane Russell Experience at the Commercial Money Center

Ron Caruso on the Leasing Industry—Profound and Current Comments

  Only time will solve bad reports on credit---Ann Perry

   Streamlined Sales Tax Update - NCSL Task Force Meets

 

__________________________________________________________________

 

Las Vegas EAEL/UAEL Conference---Steve Geller

 

Steve Geller on the Joint Eastern Association of Equipment Lessor/United Association of Equipment Leasing Las Vegas Conference this past weekend

 

271 people in attendance at the joint EAEL/UAEL conference, as reported by UAEL President Bob Fisher at lunch. Great turnout. Workshops have been very good. This was a very informative and useful conference with a lot of networking.

Too bad you missed it (your editor was at a family wedding in Pacific Grove,

California).

 

It seems that the major thrust of the educational sessions zeroed in on the on-going "app-only" business and the use of scoring models.  There remain a large number of defenders of scoring; however, it was stated that scoring in and of itself is not the only tool to use to determine the acceptability of a credit. That has contributed to the downfall of a number of lenders.

 

 Our funding sources must take the overall credit into account and utilize scoring as only one piece of the decision-making process. That seems to me to be different, and wiser, use of the process.  App-only lenders are either groping away or severely restricting the maximum dollar amount that can be app-only.

 

 My opinion, which is shared by many, is that full financial disclosure is going to be expanded and moved to a lower dollar threshold on transactions.  We must all work smarter and become more professional in our approach to sending transactions.  More brokers/lessors must learn how to read and evaluate financial statements and understand the use of the equipment/collateral being acquired and financed.

 

 More understanding of the vendor relationship is vital and funders must get their message out better as to their credit criteria to create greater marketplace efficiencies.  The adversarial relationship between suppliers of business and acquirers must change into a true partnership. This can only be achieved through greater education.

 

In other conference news, a follow-up inter-association meeting was held.  Representatives from EAEL and UAEL, as well as invited representatives from NAELB, Gerry Egan and Mike Meecher, and Jim Lahti, representing the CLP Foundation, were in attendance. There are many issues, and I am proud this was first recommended by a reader of Leasing News that you wrote about several times, contacting the various association president. This is the second meeting.  Issues on standardization, ethics, and coordinating the many conference dates to everyone’s advantage.   It seems that this cooperative effort is working well and I am sure there are big plans in store.

 

The Certified Leasing Professional Foundation held a board of directors meeting.  The members of the board, as well as volunteer CLP's have been working diligently to continue refining the mission statement of the foundation, the educational objectives in order that the foundation will become a major contributor in educating our industry. The foundation is under taking an exam re-write and preparation of educational materials for CLP candidates to utilize.  Any CLP interested in volunteering for any of the activities of the foundation are most welcome and should contact Cindy Spurdle at foundation to learn what can be done. The foundation is in serious need of funding through donations, sponsorships and dues in order to continue its good work.

 

Anthony Gaiie, the conference's feature speaker, gave a presentation about the subconscious aspects of business and the use of self-hypnosis in developmental training.  His demonstration using audience volunteers, highlighted by Connie Brazier's salute to Bob Fisher, and Daryl Warnbrand's inability to lift up a "10,000 pound" hackysack, and Larry LaChance's "telephone calls" from his major vendor, pointed out how much "mind over matter" is involved in our success in business, as well as other life situations.

 

  Mr. Galie is a physotherapist, author and guest lecturer. A phone call to either association office can get information as to purchasing his materials.

(e-mail: joanie@uael.org  or EAEL  Alison Pryor  Amfnyc@aol.com)

 

The lone casualty at the conference occurred when Geraldine Walker stepped off Caesars Palace curb and ended up in a wheelchair with ankle damage. I never got the entire story, but I hope that Geraldine was behaving herself.

 

Maybe you can run a story about all the new funding sources I have been able to meet at these Spring meetings and how I am able to get funding for a greater number of brokers who need the funding. 

 

Steve Geller

geller44@optonline.net

 

( Steve is a member of the Leasing News Advisory Board.  His company is Leasing Solutions, where he helps others find leasing sources for lines of credit or for individual transactions, often making the actual presentation. He had over 11 years with Orix Credit Alliance in charge of buying broker business.  He was at Tilden before that. )

 

 

 

Bob Rodi Report on the Las Vegas Conference

 

 

The conference actually truly turned out great.  There was a lot of camaraderie there and a great session between the broker/lessor group and the funder group on Saturday was one of the highlights of the conference. 

 

Joanie (Dalton) and Allison (Pryor) did a great job of putting this one together and the food was some of the finest we have to date at any conference.  Caesar's Palace is still a first class venue for a meeting.  There were some very interesting new people there and the entire group was upbeat and positive.

 

The speaker on Saturday was Hypnotherapist, Anthony Dailey.  His session was very informative and his use of humor and hypnosis, to get his point across was fabulous. 

 

There was excellent interaction among all the members of UAEL and EAEL.  The new president of NAELB, Gerry Egan and his wife, were also there.  They are delightful people and I hope they will come to another one of our conferences in the near future.

 

All-in-all I do not think that it could have been any better.  Hats off to Gordon Roberts and Brent Hall for a job well done and my sincere thanks to all of the EAEL/UAEL members who came to the conference and demonstrated that the Independent Originator is, indeed, alive and thriving.

 

One last thing.  I would like to publicly thank UAEL Past President Joe Woodley for the incredible job he is doing for our Association.  Every UAEL member owes Joe a debt of gratitude for stepping into a difficult position and getting a difficult situation under total control.  THANKS JOE!!!

 

Bob Rodi, CLP

drlease@leasenow.com

Past Presdent

UAEL

 

 

The Week Ahead

 

May 6-10

 

 

Washington Post

 

 

May 6 Monday

 

Criminal trial of Arthur Andersen set to begin  in Houston.

 

Federal Trade Commission opens four-day conference on fuel prices.

 

Stock of newly merged Hewlett-Packard and Compaq (HPQ) begins trading.

 

German metalworkers union set to go on strike over wages.

 

May 7 Tuesday

 

Federal Open Market Committee meets to set interest rates.

 

Senate Commerce Committee holds hearing on merger approval agreement reached by Federal

 

Trade Commission and Justice Department.

 

Senate Governmental Affairs subcommittee holds hearing on role of board of directors in Enron collapse.

 

Economic indicators: First-quarter productivity

 

May 8 Wednesday

 

Senate scheduled to vote on farm bill.

 

House scheduled to vote on plan to store nuclear waste at Nevada's Yucca Mountain.

 

May 9 Thursday

 

Senate Armed Services Committee marks up defense authorization bill, including likely provision

 

 

 

protecting funding for Army's new Crusader howitzer, made by Arlington-based United Defense Industries.

 

Federal Reserve Bank of Chicago opens two-day conference on regulating financial markets through various stages of the business cycle.

 

Libertarian Cato Institute celebrates 25th anniversary and awards the first Milton Friedman Award, posthumously, to British economist Peter Bauer, who died last Thursday.

 

May 9 Friday

 

Securities and Exchange Commission holds Investor Summit, including panel discussion and

 

questions and comments from the public.

 

Economic indicators: April producer price index

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Mission Accomplished---Barry Reitman Brings “Archie” Home.

 

April 24 eMail to Leasing News:

 

The plan:  I have made my reservations with Delta.  On the evening of 4 May I shall fly into Little Rock on the way back from the Eastern Association of Equipment Lessor and  United Association of Equipment Leasing  Conference in Las Vegas.  The following morning Archie, ears and all, will be crammed into a soft-sided larger-than-regulation puppy carrier. The roadblock is the size of the under seat bag.  It has been resolved by using a soft-sided bag, and fudging on the size. A friend with ties to the airline industry spoke to his contact at Delta Corporate.  She said to make sure that when I book my first class Sky Miles seat, I tell them to enter into my "Personal Name Record" that I have an English Terrier puppy in a Pet-Mate bag.  Then at the gate, look the agent in the eye and say with authority, "It was all cleared.  Look in my PNR. The bit about citing the PNR (Personal Name Record) apparently is worth knowing about for a host of things.  Of course, you have to say it with authority -- and a straight face!

 

 

http://www.keystoneleasing.com/newkid.html

 

The Bull Terrier Club of America rescues approximately 75-125 dogs each year.  The combination of intelligence and sweet sensitivity that make them such wonderful companions, means that Bull Terriers in need have special requirements.  Your check made payable to "BTCA Rescue" will be a blessing.  It can be sent to:

                        Glenna Wright 
                        BTCA Rescue Support Chairman
                        PO Box 1828
                        Glenwood, AR 71943

If you know Bull Terriers, you know that within that massive, muscular chest is a soft, sweet heart.  The Bull Terrier Club of America Rescue Support group cares for dogs that, because of reasons such as death of the owner or financial distress, are in need of a new home or other care.

 

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Duane Russell Experience at the Commercial Money Center

 

Very interesting to follow the developments re the unwinding of CMC…

 

As you know I’m retired from over 45 years in the leasing and equipment finance business.

 

I have read with interest the E-mails and particularly the latest from Ty.

 

I don’t know Ty… I’ve met him fleetingly on a couple of occasions, but I have known his father for a number of years…

 

I can’t prove or disprove any of the allegations, but I do think Ty has to be totally biased, simply because of his role and his involvement…

 

As you know Kit, I worked with CMC for a while as a marketing consultant. I believed, and still do, that there is a market and a place for this last resort type product. As long as terms and conditions are not hidden or misrepresented to the Lessee, then I would support it all the way.

 

In my opinion, and based on my experience, the product was not misrepresented as far as terms and conditions, or cost were concerned. They were very upfront about the rate, and they had a real “take it or leave it” approach which was almost refreshing.

 

I gave up however when I saw repeated delays in funding, with frequent excuses that just didn’t ring true to me. Also I saw instances where they would ask for additional documentation on the eve of funding when the package had been in their offices for a considerable amount of time.

 

In my experience, I have seen this before and it almost always was due to a company that was having problems with their credit lines.

 

I finally gave up on trying to sell the product, and walked away.  I must tell you that CMC doesn’t owe me a dime, and they have never “cheated” me.

 

I would however pose some questions to the “powers that be” and to Ty…

 

1)     Why don’t we hear from Ron Fisher rather than Ty who by his own admission really was not “in the know”? If that’s the case, how can he defend anyone.  Regarding his comments about the processor, in my experience in senior management for many years, quite often the workers in the trenches knew as much or more than I did because of their “hands on” work, and their network of information sources.

 

2)     As far as Ron advancing over a million dollars to a funder/surety, was that truly out of the goodness of his heart?  I have seen the exact same thing done to protect a funding line of credit in order to avoid audit or examination that might result in the entire facility crumbling. Was this a CYA maneuver?

 

3)     One might ask how much money in salaries and commisiions the senior management took out of the company over the past three years, including money that may have gone off shore.  I’m sure we will never know, but it would be interesting to know how much Bill Hanson and those above him to the top took out in each of the past three years.  I use the figure of three years assuming it would take us back to virtual inception, and I have no doubt they did not take out as much in the last year.

 

4)     Will Ron or any of the senior people testify under oath that they never knew about, or endorsed origination of any transactions, which were fraudulent or misrepresented to the funding sources?

 

5)     Would they also attest that they always disclosed to their sureties and funders, full and complete information regarding subsequent defaults or problems with funded leases?

 

6)     Would they also swear that they never misapplied funds to make transactions that were in default appear to be current to the funding source?

 

 

I am not accusing anyone of wrongdoing, but we really don’t know the truth unless those “in the know” will speak, and speak truthfully. Ty should not defend unless he is “in the know” any more than I should accuse.  And make no mistake, I’m not accusing, but I smell smoke and though there may be absolutely nothing amiss, unless those at the top speak the truth, we will never know.

 

Duane Russell

 

(You may use my name and that does not make me a man with backbone.)

 

 

 

 

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Ron Caruso on the Leasing Industry—Profound and Current Comments

 

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TURN UP THE VOLUME !!

by Ron Caruso

 

On the heels of the recession that wasn’t, we now have the

recovery that isn’t. What gives? In case you were expecting a

touchy-feely type of rebound, forget it. No Virginia, Santa Claus

is not about to appear. The unfortunate reality is this recovery

will continue to creep along at some marginal, sustainable level,

until the bottom line, make that the true, real bottom line known

as corporate earnings begins to show some significant positive

growth.

 

This quasi- recession had two very distinctive features:

 

1) Consumer confidence sustained the economy during this downturn-

spending for new homes, new cars, et.al., continued at very high

levels. The continued low, lower, lowest interest rates courtesy

of the Fed gave all of us a belief that we had more money to

spend, so we did.

 

2) The downturn with laser-like precision devastated capital

spending budgets. Even today, with inventory levels much lower

than they were six months ago, unused factory capacity remains

high. Until this present unused capacity shows some significant

decline, and corporate profits show some significant upturn,

industry will not be convinced there is a need to open their

wallets for new capital spending.

 

The message for the leasing industry remains (unfortunately) the

same: there are no discernible, convincing signs that an upturn in

capital spending is around the corner. Most economists and other

soothsayers agree the Fed is not likely to raise interest rates

until late summer at the earliest. There is concern that

psychologically any uptick in interest rates could abort an

economic resurgence. Additionally, the gray clouds emanating from

serious political issues, e.g., in the Middle East, oil prices and

the continued threat of terrorism, continue to cause business to

be hesitant to make long-term investments at this time.

 

At this juncture, perhaps the best we can hope for is more of the

same for the rest of this year. The leasing industry has gone

through a massive wave of consolidation and cost-cutting. It was

anticipated this would allow the survivors both to be in better

financial shape and also to enjoy fatter spreads. However, the

lack of volume in all three market sectors, small ticket, middle

market and big ticket has (if anything) intensified the

competition. Surprisingly, the credit/collection situation has not

deteriorated significantly. Although this is little consolation as

lessors experience run-offs in their portfolios, for those of us

who can remember the red ink of the early 90’s, there is a

recognition that things could be worse.

 

What Will Lead the Resurgence?

 

This is a question which lends itself to a great deal of debate,

and what-ifs.

 

Will unused broadband capacity suddenly disappear and will the

equipment demands of the now departed dotcoms be replaced?

 

Will airlines consider replacing their aging fleets?

 

Will the manufacturing sector take the plunge and seek to bring in

new equipment?

 

Will demand for transportation, both passenger and cargo, resurge?

 

Will consumer demand for cars, homes. et.al., continue to pump-

prime the economy?

 

A “yes” answer to any one of these questions could trigger a

domino-like resurgence in capital spending. For now, however, the

prevailing answer seems to be-not right away. Stay tuned.

 

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Only time will solve bad reports on credit

 

(also legitimate addresses for correcting credit reports)   

 

 

Ann Perry

 

For some problems, there are no quick fixes.

 

A bad credit record is one of them. Despite all the ads that

 

promise to clear up your credit history, there is no fast way to erase negative information in your files if the information is correct.

 

" 'Credit repair' is really a misnomer," says Paul Richard, executive director of the San Diego-based nonprofit Institute of Consumer Financial Education. "If something is genuinely broken, you don't fix it. The only thing that works is time."

 

Deanne Loonin, staff attorney with the National Consumer Law Center in Boston and co-author of the book "Credit Repair," concurs.

 

"If there is bad information on your report that is accurate," she says, "there is little you can do except wait until the information becomes obsolete."

 

Some San Diegans, however, have learned this lesson the hard way after wasting money on fraudulent credit-repair schemes.

 

Unfortunately, this is an all-too-common scenario, according to credit counselors, attorneys and law enforcement officials who try to help those with debt and credit problems. Authorities say such schemes almost never provide consumers a service of real value.

 

That shouldn't be so surprising. Borrowers themselves are the only ones who can positively impact their credit records – by changing their behavior.

 

Many people with credit problems, however, don't really want to change, Richard says. That's why they fall for the false salvation of credit-repair gimmicks: "All the consumers want is to continue spending."

 

For those who do want what a good credit record can bring – lower interest rates on credit cards, the ability to buy a home and even the opportunity for better jobs – there is hope. But it will mean learning to live within a budget and being vigilant about making payments on time.

 

"You can do a lot to rebuild your credit," Loonin says, "but only if you're back on your feet financially."

 

Here's how to get started:

 

Get your cash flow under control. You need to know how much money is coming in each month, how much is going out, and exactly how you are spending each dollar. The best approach is to keep track of everything you spend for two months. If you seem to have more "month" than money and you're having trouble devising a budget, you can take a class on budgeting at Springboard Non-Profit Consumer Credit Management. For information, call (888) 462-2227 or visit the following Web site: www.credit.org.

 

Understand how credit bureaus work. These for-profit companies gather information on the credit histories of consumers, then sell them to lenders, banks, insurance companies and landlords. The sources of their information are usually creditors and collection agencies. But they also search legal records for bankruptcies, judgments and property liens.

 

Your credit history lists your different accounts, how long you've had them, how much credit you've received and your repayment record.

 

"A company looks at your credit history to see if they can make money doing business with you," Richard says. If your history shows a poor track record of repayments, companies will conclude they could lose money extending you credit.

 

Order copies of your credit report. It's smart to order copies of your credit report from all three of the major credit bureaus. Reports typically cost about $9 each or $35 for all three when you order them all at once through online sites such as www.qspace.com and www.creditreport-net.com.

 

Here's how to contact the three credit bureaus individually: Equifax, P.O. Box 105873, Atlanta, GA 30348, (800) 685-1111, www.credit.equifax.com; Experian, National Consumers Assistance Center, P.O. Box 2002, Allen, TX 75013, (888) 397-3742, www.experian.com; Trans Union, Consumer Disclosure Center, P.O. Box 1000, Chester, PA 19022, (800) 888-4213, www.tuc.com.

 

Federal law entitles you to a free copy of your credit report if you: have been denied credit because of information in the report and you request a copy within 60 days; are unemployed and intend to apply for a job within 60 days of your request; receive public assistance; or believe your report contains errors due to fraud.

 

Look for information that is out of date or incorrect. Negative information that is accurate becomes out of date at a certain point, notes Loonin. After seven years, lawsuits, paid tax liens, late payments and accounts sent out for collection should drop off your record.

 

Bankruptcies are supposed to fall away 10 years after discharge, though most Chapter 13 bankruptcies are listed for only seven years. Credit inquiries, or requests to see your report, should stay on your report no more than two years.

 

In addition, check for the following errors: incorrect name; incorrect Social Security number; incorrect account histories; and accounts listed as open that have been closed. If you find an error, complete a "request for reinvestigation" form from the credit bureau and send it with a letter explaining what is wrong. The bureau must look into the matter and contact you within 30 days. If you are trying to get a mortgage or a car loan, you can request a rush investigation.

 

Ask the credit bureaus to include positive information. If you're making payments on time to an account and that information isn't being reflected on your credit reports, mail your recent account statements to the credit bureaus and ask them to include that information.

 

Use credit to get credit. You need to show a history of good credit repayment. You can achieve this by doing something as simple as getting a credit card, making small purchases each month and paying them off on time.

 

Be patient. It might take as long as two years for your credit to recover to the point where you can get a credit card, and it can take as long as four years to qualify for a mortgage.