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Investors For Real Estate Deals
RPanoz
post Oct 27 2010, 06:01 PM
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Too long to post here, but you might also take a look at this which details the action against an unregistered MD resident who was soliciting public investors in similar real estate deals through his various LLCs and partnerships.

http://www.oag.state.md.us/Securities/Acti...Order_09_08.pdf

In particular, note section 17.

QUOTE
17. The real estate investment programs offered and sold by the Respondents are investment contracts, evidences of indebtedness, and/or participatory interests in a profit-sharing agreement, all of which constitute "securities" within the meaning of section 11-101 of the Securities Act.


Also note the $625,000 fine levied payable in 90 days and enforceable as a lien against assets by the State.

Many other examples available.
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unstraight
post Oct 27 2010, 07:12 PM
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RPanoz..........Just curious.....Are you an attorney or have some other legal background? Thanks.............and thanks for the info....
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RPanoz
post Oct 27 2010, 09:11 PM
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QUOTE (unstraight @ Oct 27 2010, 07:12 PM) *
RPanoz..........Just curious.....Are you an attorney or have some other legal background? Thanks.............and thanks for the info....


No, I have a business background. That includes quite a bit of time at a Big 5 firm working with companies doing public and private offerings and at a large investment bank doing (real) DD on potential investments including legal risks (e.g., you really don't want your investment partners involved in securities issues), at companies where we did our own private offerings, and through personal involvement in a number of private investments, so I have a pretty good familiarity with what is and what is not permitted. Although I have had to deal with enough pain in the butt securities attorneys along the way that it should count toward something. lol
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unstraight
post Oct 28 2010, 05:28 AM
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LovelyLady, hire RPanoz to see if this can be made into something which would comply with all laws, etc......lol......if RPanoz would be interested, that is..........lol............Just a thought..............or................someone similar??
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umbertino49
post Oct 28 2010, 05:50 AM
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RPanoz is a definite asset for all the knowledge he carries.Good that he chooses to post here.
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laidback
post Oct 28 2010, 06:27 AM
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RPanoz, now you've piqued my curiosity. With your background, what got you started posting in forums where the gross national products are scams...?


--------------------
In this arena especially, common sense doesn't seem to be all that common.
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unstraight
post Oct 28 2010, 06:35 AM
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QUOTE (laidback @ Oct 28 2010, 09:27 AM) *
RPanoz, now you've piqued my curiosity



Oh....Oh.......Now we're in trouble.................... fear2.gif
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LovelyLady
post Oct 28 2010, 09:08 AM
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RPanoz,

Thanks for the info. I'm sure your due diligence has saved companies millions of dollars. wink.gif

I'm clearly not out to try to break any laws. I know for a fact that hundreds, if not thousands of investors make "public solicitations" for funding every day. I will check a couple of things and consult with our attorney to see what needs to be done here.

Also, when I mentioned Securities in my previous post, I was referring to common stock and the like. I should have been more careful in my wording. Thanks again.

Unstraight, lol...I'm on it. wink.gif


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REAL Real Estate Investment! invest@dursouth.com
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RPanoz
post Oct 28 2010, 10:09 AM
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QUOTE (LovelyLady @ Oct 28 2010, 10:08 AM) *
RPanoz,

Thanks for the info. I'm sure your due diligence has saved companies millions of dollars. wink.gif

I'm clearly not out to try to break any laws. I know for a fact that hundreds, if not thousands of investors make "public solicitations" for funding every day. I will check a couple of things and consult with our attorney to see what needs to be done here.

Also, when I mentioned Securities in my previous post, I was referring to common stock and the like. I should have been more careful in my wording. Thanks again.

Unstraight, lol...I'm on it. wink.gif



Which is why I was trying to be helpful, again, assuming that you have best intentions... I wasn't saying that it couldn't be done, it just needs to be done in the proper way; otherwise, you can very easily step in "it" and make some very costly mistakes.

Unfortunately, there are some things in life where an attorney with specific expertise is required and this is one of them. Even simple terms and usage have different legal connotations versus what an average person reading something might take away. As a pertinent example here, there's little difference between stocks, etc., and any other investment as far as securities laws go at least in terms of what defines a security/investment contract. Basically, any acceptance of money in any form where the provider has an expectation of a return is considered a "security" and is potentially subject to regulation other than by specific exclusion/exemption. By design, securities laws are written in an all-inclusive way so as to prevent easy circumvention simply by what you call things or some different structure in order to get around them. There are valid exemptions and less rigorous registration processes for small business offers that you can benefit from (assuming that you don't blow it by making some avoidable mistakes beforehand).

Anyway, good luck with your venture.

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laidback
post Oct 28 2010, 10:29 AM
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QUOTE (unstraight @ Oct 28 2010, 06:35 AM) *
Oh....Oh.......Now we're in trouble.................... fear2.gif


....and this is different because....? unsure.gif


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In this arena especially, common sense doesn't seem to be all that common.
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unstraight
post Oct 28 2010, 11:05 AM
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QUOTE (LovelyLady @ Oct 28 2010, 12:08 PM) *
I will check a couple of things and consult with our attorney to see what needs to be done here.



That's what I like to hear........I'm jumpin' in!!! I'm jumpin' in!!!! Not so fast......... rolleyes.gif ..............

One question about your stated returns: I would think that you could not set a specific % return as how can you predict how or even if some things will sell fast, etc.......the market could change, slow down, etc.............I would think that you would have a flexible rate with no specific guarantees to even appear more legit and realistic.............(No fee for my input.....this time)........ smile.gif
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RPanoz
post Oct 28 2010, 11:20 AM
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QUOTE (laidback @ Oct 28 2010, 07:27 AM) *
RPanoz, now you've piqued my curiosity. With your background, what got you started posting in forums where the gross national products are scams...?


Looooong story. lol The short version:

Years ago one of the bigger groups which ran lots of different scams attempted to hack/hijack one of the servers that I operate for a business that I run to use to spam an advance-fee mortgage scam. In tracking them down I ended up finding among their various other frauds a HYIP site that they also were running (Jungle Ventures). I had no clue what a HYIP was at the time and really couldn't believe that there were thousands of these things being openly operated, promoted, and facilitated by the "industry" of hosts, payment processors, forums, monitors, etc. And even more surprised that people actually believed that these scams were real and that they were getting away with the same crap over and over and over. So I started posting to expose that particular group. Not that anyone listened. lol

And just for the record, I don't have any problem with people doing whatever they want with their money and playing gambling or other money games. But the outright frauds that pretend to be "real investments" in order to intentionally sucker unsuspecting people in and the players who know the deal and help promote them are fair game. Don't like seeing people being taken advantage of in whatever way that it's done HYIPs or otherwise.

So that's the story... Real interesting huh? lol
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unstraight
post Oct 28 2010, 11:44 AM
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QUOTE (RPanoz @ Oct 28 2010, 02:20 PM) *
So that's the story... Real interesting huh? lol




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laidback
post Oct 28 2010, 01:28 PM
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QUOTE (unstraight @ Oct 28 2010, 12:44 PM) *


Didja take notes...? He may give a test tomorrow...! shocking.gif

@Rpanoz, Wow! You must be one of the few that didn't work up through the ranks from sucker to naysayer...! rofl4.gif
The only other one may have been Lynndel/Eagleone, but since they managed to ban him....!


--------------------
In this arena especially, common sense doesn't seem to be all that common.
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baylee
post Oct 28 2010, 01:51 PM
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QUOTE (RPanoz @ Oct 28 2010, 03:20 PM) *
Looooong story. lol The short version:

Years ago one of the bigger groups which ran lots of different scams attempted to hack/hijack one of the servers that I operate for a business that I run to use to spam an advance-fee mortgage scam. In tracking them down I ended up finding among their various other frauds a HYIP site that they also were running (Jungle Ventures). I had no clue what a HYIP was at the time and really couldn't believe that there were thousands of these things being openly operated, promoted, and facilitated by the "industry" of hosts, payment processors, forums, monitors, etc. And even more surprised that people actually believed that these scams were real and that they were getting away with the same crap over and over and over. So I started posting to expose that particular group. Not that anyone listened. lol

And just for the record, I don't have any problem with people doing whatever they want with their money and playing gambling or other money games. But the outright frauds that pretend to be "real investments" in order to intentionally sucker unsuspecting people in and the players who know the deal and help promote them are fair game. Don't like seeing people being taken advantage of in whatever way that it's done HYIPs or otherwise.

So that's the story... Real interesting huh? lol


yes, it is very interesting and I for one am very happy that you are here and share your knowledge with us.


--------------------
Some people are educated above and beyond their intelligence.

http://www.eagleresearchassociates.org/index.php
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