Decades … and Fearful

December 27, 2019

Decades … and Fearful

decades

Mark Rubin

Forgive me for sounding old and crochety, please, but this decade thing torks me off. When people count off, they start with one and end with ten, right? Never, not ever, does a group start with zero and end with nine … except when we discuss decades, centuries, or … even worse, a millennium.

Senator Bernie Sanders (I-Vt.) does nothing for me, but I understand the inconoclastic perspective. For me, decades began with -01, -11, -21, etc. They end with -10, -11, and -20. So, the decades’ reviews leave me cold, plain and simple.

Numerical frustration aside, I know I’m fighting an uphill battle. The last millennium ended on 12/31/1999. I know because I

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Politics, Poetry, and Prose

November 1, 2019

Politics, Poetry, and Prose

Senator Elizabeth Warren for President

Elizabeth Warren

Mario Cuomo, who governed the state of New York for 12 years (and shouted a lot less than his son Andrew, who runs the place now), told us candidates campaign using poetry, and winners govern with prose. Governor Cuomo was a smart fellow, and someone whose life always seemed just a wee bit ethereal.

The poetry / prose dichotomy comes to mind often for this political aficionado. I know, though, that the words don’t resonate for everyone. So, here’s the lexicon: Poetry in this context is aspirational, high-minded, and reaching for the stars; prose represents reality, dealing with whipping votes, trade-offs, and getting stuff done.

Of late, of course, we have Senator Elizabeth Warren

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Impeachment circa 2019

October 11, 2019

Impeachment circa 2019

Impeachment

President Donald Trump

Impeachment. It’s on our minds, and I have thoughts about the process and how it’s playing out.

Words matter. So, let’s remember, straightaway, that impeachment represents step one in the process of removing someone from office. That’s it and that’s all!

The Constitution governs our country. And it says, concerning impeachment: The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment. See, U.S. Constitution Article 1, Section 5. There’s more, of course, about the Senate’s role as the trial court. But, for now, we’re only dealing with impeachment.

The United States Code includes no statutes which address the impeachment process. Further, the process belongs

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Due on Sale / Transfer Provisions

September 24, 2019

Due on Sale / Transfer Provisions

due on sale / transfer

Mark Rubin

Many among us owe money to a lender, secured by real estate. Think about buying a home and obtaining a mortgage or getting a HELOC (home equity line of credit). The property represents collateral, which the lender can acquire by foreclosure to repay the loan.

The lender has certain rights. These rights are set out in: (a) the promissory note, which is the document that contains the promise to repay the borrowed amount, with interest; and (b) the deed of trust or mortgage, the document which deals with the lender’s foreclosure rights.

Deed of trust v. mortgage? The instruments have different structures, and the deed of trust gives the lender a speedier

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Impeachment? No thanks!

September 20, 2019

Impeachment? No thanks!

Impeachment

President Donald Trump

For months the House of Representatives majority has struggled over impeachment. Do we? Don’t we? What?

Impeachment Basics

Briefly, to impeach the president, vice president, or any other civil officer involves bringing before the House articles of impeachment. A simple majority of the House members must vote aye to send any article to the Senate. There, a trial occurs. Two-thirds of the Senators who are present must vote to convict, to remove anyone from office.

No president has ever been convicted and removed from office. Only Presidents Andrew Johnson and Bill Clinton had trials. In both cases, the Senate acquitted them.

The standard for impeachment is High Crimes and Misdemeanors. The Constitution offers no

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September 14 – Happy Birthday

September 14, 2019

September 14 – Happy Birthday

september 14

Mark Rubin

Birthday News

Who’ da thunk it? 62 years old today, and when I went to bed last night, I was 61. That’s 22,644 sunrises. 744 new moons. Lots of martinis, and a ton of fun times.*

I’m a very lucky guy, in so very many ways. I never miss a meal (except for lunch, which I avoid every day). I pay my bills. My daughter and my former spouse call often, and neither asks for money. My girlfriend / law partner loves me, and our blended family of Corgis and a Schnoodle love us.

(About Max the Schnoodle. He hates me right now. He’s on a diet, and for a dude who lives

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Go Tories

September 4, 2019

Go Tories

go tories

Mark Rubin

Parliamentary democracy and the U.S. system differ greatly. It’s no small thing that across the pond the Prime Minister does not appear on any national ballot. The Prime Minister (Boris Johnson), one of 500 Members of Parliament, answers to: (a) his constituents in Uxbridge and South Ruislip, in West London; and (b) the Conservative Party, which can replace him as its leader.

Here, of course, we the people elect our national leader, Donald Trump.* He leads his party and our nation, but he holds office for a fixed term, subject only to: (a) impeachment and conviction; (b) death or incapacity; and (c) the voters on November 3, 2020. And, because of his appeal

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Dale Carnegie He’s Not!

August 29, 2019

Dale Carnegie He’s Not!

Dale Carnegie

Dale Carnegie

Dale Carnegie

President Donald Trump

America, Pre-Trump

Dale Carnegie died in 1955, more than 60 years ago. Still, the book he wrote in 1936, How to Win Friends and Influence People, remains very popular. How popular? No. 11 on the Amazon Chart (if I’m reading it correctly.)

Mr. Carnegie’s message has always been simple: Make people like you and help them see things your way. The message resonates, even if his style—a bit hucksterish—does not sit well with everyone. And it works! I know plenty of people—including one regular MRW reader—who followed the path, with significant success.

I mention Mr. Carnegie for a reason. He offered optimism. He saw a big wide world, conquerable by

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Trump: Changing the Presidency?

August 26, 2019

Trump: Changing the Presidency?

presidency

Mark Rubin

I read Sixty-eight minutes in Biarritz: A glimpse into Trump’s unorthodox mind on Monday. It offers a recounting of one strange, meandering press conference … but, so what? Another Trump moment. Hardly worthy of notice.

Okay, what caught my attention was the last phrase in the third paragraph: “… the myriad ways he has changed the presidency in 31 months.” Changed the presidency? Not so much.

The Presidency

Respectfully, I believe historians will see January 20, 2017 through January 20, 2021 as a sojourn into the surreal—or perhaps, the executive branch on an acid trip—from which it will recover quickly, starting soon after the Trumps leave town. Don’t misunderstand me, please: Mr. Trump has

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Mark Rubin and The Best Lawyers in America©

August 16, 2019

Mark Rubin and The Best Lawyers in America©

best lawyers

Mark Rubin

I’m as pleased as Punch because I’m listed in the 26th edition of The Best Lawyers in America©. Per Best Lawyers®, it recognizes roughly 60,000 U.S. lawyers, from among more than 1.3 million active lawyers. One in 20 or so!

Best Lawyers® listed me for my Ethics and Professional Responsibility Law practice. Ethics and Professional Responsibility Law, aka the Law of Lawyering, represents a small part of my practice—which focuses most heavily on business, real estate, elder law, and fiduciary work—but it’s a part of my practice I’m very proud of. (For more on what this area of law is all about, read Ethics Law

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