I'm catching up on my google reader today. I LOVE the advice and blogs from The Mortgage Experts!
by Chris and Debbie Thomas
Fannie Mae appraisal rules are changing. Here's what you need to know:
-- If an interior inspection is required, the following photographs must be included in the appraisal:
-- Kitchen
-- All bathrooms
-- Main living area
-- Examples of physical deterioration, if present
-- Examples of recent updates, such as restoration, remodeling, and renovation, if present
-- If an underwriter thinks the appraisal does not support the value indicated in the report, they will not be able to arbitrarily reduce the value. They must follow the following process:
-- Contact the appraiser to address the report deficiencies.
-- Order a desk review appraisal or a field review appraisal. The appraiser performing the review appraisal must be licensed in the state where the property is located and must have the knowledge and experience to appraise the subject property with respect to both the specific property type and geographical location (in other words, the appraiser performing the review must be a local appraiser).
-- The lender can also order a new appraisal instead of ordering a review appraisal.
-- If they order a review appraisal or a new appraisal, it must be performed by a local appraiser and the value in the new appraisal must be used. The lender cannot average the values of the old appraisal and the new appraisal.
-- Appraisers who do not have the knowledge or experience to perform an appraisal in a specific area cannot be used for Fannie Mae appraisals.
-- If a foreclosed property is used as a comparable property in an appraisal, the appraiser must account for any differences between the foreclosed property and the subject property, such as the condition of the property.
-- Appraisers are not allowed to say they are prohibited from discussing the appraisal with the lender, as long as the lender contact is not someone who is involved in loan production (loan officers, processors, etc.), or someone who is paid on a commission basis, or someone who reports to anyone not independent of the loan production process.
-- Appraisers cannot deduct a dollar for dollar amount from the value of a comparable sale because of seller concessions. They can only deduct the amount that they believe resulted in an increase in the sales price.
Some of these changes take effect immediately and some take effect on September 1, 2010. The changes are only for loans being sold to Fannie Ma
Friday, July 9, 2010
HUD $100 Down Loan Program
Another great article by The Mortgage Experts in Colorado:
by Chris and Debbie Thomas
We've gotten a number of requests for information about HUD's $100 down deals in the past week, so here's a rundown of what you need to know:
-- A HUD home is a house that used to have an FHA loan, but it went into foreclosure. HUD now owns the property.
-- HUD (the Department of Housing and Urban Development) is the agency that oversees the FHA loan program.
-- If a buyer makes a full price offer on a HUD home, they are able to buy the property with a down payment of only $100 if they get an FHA loan.
-- If they bid more than the listing price and want FHA financing, they have to pay any excess amount in cash.
-- A buyer does not have to get FHA financing to buy a HUD home. HUD does not care at all where the money comes from. They just want to sell the property.
-- HUD will pay up to 3% towards the buyer's closing costs and pre-paids. To get the 3%, you need to ask for it when you bid on the property.
-- Earnest money requirements are as follows: if the sales price is $49,999 or less, the earnest money is $500; if the sales price is $50,000 or more, the earnest money is $1,000.
-- If the buyer uses the FHA $100 down program and does not have to pay for any closing costs, they will be able to get their earnest money back at the closing (except for $100).
Do not let anyone try to talk your buyers out of getting FHA financing. The appraisal guidelines for FHA loans are a tiny bit more restrictive than they are for conventional loans, but there is hardly enough difference to avoid FHA loans. Some brokers who have "been in the business for years" have not kept up with the changes in the mortgage industry and are doing themselves and their clients a real disservice by avoiding FHA loans.
If a lender ever tells you to stay away from FHA loans, that probably means they are not approved to sell them. You should not use those lenders.
by Chris and Debbie Thomas
We've gotten a number of requests for information about HUD's $100 down deals in the past week, so here's a rundown of what you need to know:
-- A HUD home is a house that used to have an FHA loan, but it went into foreclosure. HUD now owns the property.
-- HUD (the Department of Housing and Urban Development) is the agency that oversees the FHA loan program.
-- If a buyer makes a full price offer on a HUD home, they are able to buy the property with a down payment of only $100 if they get an FHA loan.
-- If they bid more than the listing price and want FHA financing, they have to pay any excess amount in cash.
-- A buyer does not have to get FHA financing to buy a HUD home. HUD does not care at all where the money comes from. They just want to sell the property.
-- HUD will pay up to 3% towards the buyer's closing costs and pre-paids. To get the 3%, you need to ask for it when you bid on the property.
-- Earnest money requirements are as follows: if the sales price is $49,999 or less, the earnest money is $500; if the sales price is $50,000 or more, the earnest money is $1,000.
-- If the buyer uses the FHA $100 down program and does not have to pay for any closing costs, they will be able to get their earnest money back at the closing (except for $100).
Do not let anyone try to talk your buyers out of getting FHA financing. The appraisal guidelines for FHA loans are a tiny bit more restrictive than they are for conventional loans, but there is hardly enough difference to avoid FHA loans. Some brokers who have "been in the business for years" have not kept up with the changes in the mortgage industry and are doing themselves and their clients a real disservice by avoiding FHA loans.
If a lender ever tells you to stay away from FHA loans, that probably means they are not approved to sell them. You should not use those lenders.
Sunday, July 4, 2010
Stop the Dampness
I'm doing some catching up on magazines and such today. It's a bit overcast here in KC so I don't mind just hanging out inside with the girls. (that's when they aren't barking at the fireworks outside!)
My dad got me hooked on the advice of Consumer Reports at a young age. For the most part, if Consumer Reports thinks it's good, it's golden in my dad's book. (hey, that's the reason I ended up getting a 52in flat screen a few months ago! - though they don't have the newest 4Runner ranked high which makes me sad b/c I LOVE mine and will for sure be getting another when my 2000 with 164k+ miles dies). SO, a few years ago when I got an ad for a new magazine from Consumer Reports - ShopSmart ;) (and YES, they have the ;) in the title!) I HAD to subscribe! Similar to Consumer Reports, ShopSmart ;) does not have advertising and it is all based on their tests.
One of the articles I read today was testing dehumidifiers and almost gave some advice on stopping dampness. With all the rain we had in June here in KC, I thought this was some good information to pass along:
If the room has standing water, sweating walls, or a permanent musty smell, a dehumidifier alone won't fix the problem. Here are three ways to treat moisture at it's source:
Control Rainwater - Clean and maintain gutters and downspouts, and make sure leaders extend at least 3 feet away from the house. For good measure, grade your property away from the foundation so that water can't reach the house. More involved fixes include excavating, waterproofing exterior foundation walls. and installing exterior drains.
Secure The Basement - Patch foundation walls with hydraulic cement. Small gaps in concrete can be filled with silicone. Waterproof coating, applied when walls are dry, might also help. Install a sump pump to move water from interior drains outside. Check plumbing pipes for leaks and condensation. And insulate your hot-and cold-water pipes. Make sure clothes-dryer ducts are vented to the outside and aren't leaking.
Ventilate Properly - Run the bathroom exhaust fan or open a window when showering. Squeegee or wipe down shower walls afterward. In the kitchen, use a vent hood that exhausts to the outdoors when cooking.
My dad got me hooked on the advice of Consumer Reports at a young age. For the most part, if Consumer Reports thinks it's good, it's golden in my dad's book. (hey, that's the reason I ended up getting a 52in flat screen a few months ago! - though they don't have the newest 4Runner ranked high which makes me sad b/c I LOVE mine and will for sure be getting another when my 2000 with 164k+ miles dies). SO, a few years ago when I got an ad for a new magazine from Consumer Reports - ShopSmart ;) (and YES, they have the ;) in the title!) I HAD to subscribe! Similar to Consumer Reports, ShopSmart ;) does not have advertising and it is all based on their tests.
One of the articles I read today was testing dehumidifiers and almost gave some advice on stopping dampness. With all the rain we had in June here in KC, I thought this was some good information to pass along:
If the room has standing water, sweating walls, or a permanent musty smell, a dehumidifier alone won't fix the problem. Here are three ways to treat moisture at it's source:
Control Rainwater - Clean and maintain gutters and downspouts, and make sure leaders extend at least 3 feet away from the house. For good measure, grade your property away from the foundation so that water can't reach the house. More involved fixes include excavating, waterproofing exterior foundation walls. and installing exterior drains.
Secure The Basement - Patch foundation walls with hydraulic cement. Small gaps in concrete can be filled with silicone. Waterproof coating, applied when walls are dry, might also help. Install a sump pump to move water from interior drains outside. Check plumbing pipes for leaks and condensation. And insulate your hot-and cold-water pipes. Make sure clothes-dryer ducts are vented to the outside and aren't leaking.
Ventilate Properly - Run the bathroom exhaust fan or open a window when showering. Squeegee or wipe down shower walls afterward. In the kitchen, use a vent hood that exhausts to the outdoors when cooking.
Happy 4th of July!
Happy 4th of July!! This is just such a great song by Lee Greenwood sung by the students of PS22!
Saturday, July 3, 2010
Tricks to Keep Your House Cool this Summer
Tricks to Keep Your House Cool this Summer
By Paige Tepping
RISMEDIA, July 3, 2010--As the temperatures continue to rise this summer, so does the cost of keeping your home cool. While homeowners across the country come to depend on air conditioners to keep the temperature down during the warm summer months, there are other options that will keep you cool while keeping your energy bill low.
Fans and ceiling fans
-If you’re looking for ways to beat the heat, a ceiling fan can be a great investment for your home. This one appliance can make a room feel 6 or 7 degrees cooler, and even the most power-hungry fan costs less than $10 a month to use if you keep it on for 12 hours a day. Good fans make it possible for you to raise your thermostat setting and save on air-conditioning costs. Fans don’t use much energy, but when air is circulating, it feels much cooler. Ceiling fans are best, but a good portable fan can be very effective as well.
-You should remember that even mild air movement of 1 mph can make you feel three or four degrees cooler. Also, make sure your ceiling fan is turned for summer – you should feel the air blown downward.
Shades, drapes or blinds
-Install white window shades, drapes or blinds to reflect heat away from the house. Close blinds, shades and draperies facing the sun (east-facing windows in the morning and west-facing windows in the afternoon) to keep the sun’s heat out and help fans or air conditioners cool more efficiently. Always remember that the best way to keep your home cool is to keep the heat out.
Internal Heat
-The most common sources of internal heat gain are; appliances, electronic devices and lighting. Be aware of devices in your home that are generating heat and if you have air conditioning, use it wisely.
Don’t put lamps, televisions or other heat-generating appliances next to your air-conditioning thermostat, because the heat from these appliances will cause the air conditioner to run longer. The heat they produce will make the thermostat think your house is warmer than it really is, and your system will run harder than it needs to.
-Unless you absolutely need them, turn off incandescent lights and heat-generating appliances. Replace incandescent bulbs with compact fluorescents; they produce the same light but use a fifth the energy and heat.
-You should also try to avoid heat-generating activities such as cooking on hot days or during the hottest part of the day. If you are cooking, use your range fan to vent the hot air out of your house. By reducing the amount of heat in your home, you will use less energy to cool it.
Plants
-Plant trees or shrubs to shade air conditioning units, but not block the airflow. A unit operating in the shade uses less electricity. Deciduous trees planted on the south and west sides will keep your house cool in the summer and allow the sunlight to warm the house during the winter.
Roof and Walls
-Paint your roof white – If you’ve got a flat roof, paint it with a specially formulated reflective paint or just paint it white. The reflective effect will help to keep the rooms under the flat roof much cooler.
Other things to remember
-Humidity makes room air feel warmer, so reduce indoor humidity. Minimize mid-day washing and drying clothes, showering and cooking. When you must do these things, turn on ventilating fans to help extract warm, moist air.
-Avoid landscaping with lots of unshaded rock, cement, or asphalt on the south or west sides of your home because it increases the temperature around the house and radiates heat to the house after the sun has set.
-If the attic isn’t already insulated or is under-insulated, insulate it now. Upgrading from 3 inches to 12 inches can cut cooling costs by 10%.
By Paige Tepping
RISMEDIA, July 3, 2010--As the temperatures continue to rise this summer, so does the cost of keeping your home cool. While homeowners across the country come to depend on air conditioners to keep the temperature down during the warm summer months, there are other options that will keep you cool while keeping your energy bill low.
Fans and ceiling fans
-If you’re looking for ways to beat the heat, a ceiling fan can be a great investment for your home. This one appliance can make a room feel 6 or 7 degrees cooler, and even the most power-hungry fan costs less than $10 a month to use if you keep it on for 12 hours a day. Good fans make it possible for you to raise your thermostat setting and save on air-conditioning costs. Fans don’t use much energy, but when air is circulating, it feels much cooler. Ceiling fans are best, but a good portable fan can be very effective as well.
-You should remember that even mild air movement of 1 mph can make you feel three or four degrees cooler. Also, make sure your ceiling fan is turned for summer – you should feel the air blown downward.
Shades, drapes or blinds
-Install white window shades, drapes or blinds to reflect heat away from the house. Close blinds, shades and draperies facing the sun (east-facing windows in the morning and west-facing windows in the afternoon) to keep the sun’s heat out and help fans or air conditioners cool more efficiently. Always remember that the best way to keep your home cool is to keep the heat out.
Internal Heat
-The most common sources of internal heat gain are; appliances, electronic devices and lighting. Be aware of devices in your home that are generating heat and if you have air conditioning, use it wisely.
Don’t put lamps, televisions or other heat-generating appliances next to your air-conditioning thermostat, because the heat from these appliances will cause the air conditioner to run longer. The heat they produce will make the thermostat think your house is warmer than it really is, and your system will run harder than it needs to.
-Unless you absolutely need them, turn off incandescent lights and heat-generating appliances. Replace incandescent bulbs with compact fluorescents; they produce the same light but use a fifth the energy and heat.
-You should also try to avoid heat-generating activities such as cooking on hot days or during the hottest part of the day. If you are cooking, use your range fan to vent the hot air out of your house. By reducing the amount of heat in your home, you will use less energy to cool it.
Plants
-Plant trees or shrubs to shade air conditioning units, but not block the airflow. A unit operating in the shade uses less electricity. Deciduous trees planted on the south and west sides will keep your house cool in the summer and allow the sunlight to warm the house during the winter.
Roof and Walls
-Paint your roof white – If you’ve got a flat roof, paint it with a specially formulated reflective paint or just paint it white. The reflective effect will help to keep the rooms under the flat roof much cooler.
Other things to remember
-Humidity makes room air feel warmer, so reduce indoor humidity. Minimize mid-day washing and drying clothes, showering and cooking. When you must do these things, turn on ventilating fans to help extract warm, moist air.
-Avoid landscaping with lots of unshaded rock, cement, or asphalt on the south or west sides of your home because it increases the temperature around the house and radiates heat to the house after the sun has set.
-If the attic isn’t already insulated or is under-insulated, insulate it now. Upgrading from 3 inches to 12 inches can cut cooling costs by 10%.
Friday, July 2, 2010
What To Do When Something Smells
For Your Sellers: What to Do When Something Smells
By Suzanne Ziegler
RISMEDIA, July 2, 2010--(MCT)--Question: We recently spent the winter away. When we returned, our home had a repulsive odor. We have tried sprays, air fresheners and bought a dehumidifier, but nothing seems to help. We have looked everywhere and cannot find the cause. What can we do?
Answer: This is a puzzle that could have a simple answer, or it could require a complex investigation. Possibilities to look for include:
—A dead animal in a wall or other building cavity.
—Sewer gas entering the home through a floor drain or sewer trap that has dried out.
—Fouled paint or old cleaning supplies in a leaky container.
—A mop and pail left with water in the pail.
—Standing water in a washing machine.
Because the odor seems to be uniform throughout the house, the furnace fan and duct system — or something near them — could harbor the source. Check to see whether the odor is stronger anywhere when the furnace fan is not running.
These are just a few possibilities to consider as you try to solve the problem, according to Richard Stone, an extension educator in housing technology with the University of Minnesota. If you have thoroughly searched for the odor source and find nothing, he said, you should probably call a professional.
Several companies specialize in identifying odors, or you might want to bring in a professional who specializes in indoor environmental quality.
———
Q: We have two miniature dachshunds that have urinated many times on our beautiful, custom dining-room rug, which now has a bad odor. We have tried Nature's Miracle, Bissell Pro Heat carpet cleaner, and baking soda with vacuuming. Nothing has worked. What else can we do?
A: It's time to call in the pros.
Enzyme products work pretty well on synthetic rugs but don't do anything for wool, according to Mark Keljik, owner of Keljik's Oriental Rugs in Minneapolis.
Wool rugs that are professionally cleaned need to be soaked under water, so the hairs are completely saturated, he said. At Keljik's, the rug is soaked in water, then compressed with rollers. Clean water is exchanged for the dirty, then the rug is shampooed under water and hung up, where it is rinsed until the water runs clear.
"It works 99 percent of the time," Keljik said.
But it can be expensive to clean a wool rug: $280 for an 8 by 10 and $380 for a 9 by 12. The company usually keeps the rug for about two weeks to complete the process.
There are many other companies in the Twin Cities that clean wool rugs.
(c) 2010, Star Tribune (Minneapolis)
Distributed by McClatchy-Tribune Information Services.
By Suzanne Ziegler
RISMEDIA, July 2, 2010--(MCT)--Question: We recently spent the winter away. When we returned, our home had a repulsive odor. We have tried sprays, air fresheners and bought a dehumidifier, but nothing seems to help. We have looked everywhere and cannot find the cause. What can we do?
Answer: This is a puzzle that could have a simple answer, or it could require a complex investigation. Possibilities to look for include:
—A dead animal in a wall or other building cavity.
—Sewer gas entering the home through a floor drain or sewer trap that has dried out.
—Fouled paint or old cleaning supplies in a leaky container.
—A mop and pail left with water in the pail.
—Standing water in a washing machine.
Because the odor seems to be uniform throughout the house, the furnace fan and duct system — or something near them — could harbor the source. Check to see whether the odor is stronger anywhere when the furnace fan is not running.
These are just a few possibilities to consider as you try to solve the problem, according to Richard Stone, an extension educator in housing technology with the University of Minnesota. If you have thoroughly searched for the odor source and find nothing, he said, you should probably call a professional.
Several companies specialize in identifying odors, or you might want to bring in a professional who specializes in indoor environmental quality.
———
Q: We have two miniature dachshunds that have urinated many times on our beautiful, custom dining-room rug, which now has a bad odor. We have tried Nature's Miracle, Bissell Pro Heat carpet cleaner, and baking soda with vacuuming. Nothing has worked. What else can we do?
A: It's time to call in the pros.
Enzyme products work pretty well on synthetic rugs but don't do anything for wool, according to Mark Keljik, owner of Keljik's Oriental Rugs in Minneapolis.
Wool rugs that are professionally cleaned need to be soaked under water, so the hairs are completely saturated, he said. At Keljik's, the rug is soaked in water, then compressed with rollers. Clean water is exchanged for the dirty, then the rug is shampooed under water and hung up, where it is rinsed until the water runs clear.
"It works 99 percent of the time," Keljik said.
But it can be expensive to clean a wool rug: $280 for an 8 by 10 and $380 for a 9 by 12. The company usually keeps the rug for about two weeks to complete the process.
There are many other companies in the Twin Cities that clean wool rugs.
(c) 2010, Star Tribune (Minneapolis)
Distributed by McClatchy-Tribune Information Services.
Thursday, July 1, 2010
I've Done My Civic Duty!
I’ve done my civic duty…
Well, I can now cross off “be picked for jury duty” off my list of things to do! But, let’s be honest, it wasn’t actually on the list!
Monday I was called to report for jury duty for Jackson County, Missouri. I had been called once before, taken upstairs but not picked. This time, I wasn’t so lucky!
For those of you who have never been called (or chosen), here’s how it all goes:
You get to the courthouse at 8am and sit in a stuffy room with about 150-200 people. You get to watch a video about the judicial system with local celebrities (George Brett), local newscasters and a few judges. Then, they start calling names in groups of 60. I was the FIFTH name called! Seriously?!?!
After a while (It was actually fairly quick this time – probably by 1030am) the first group (mine) was taken upstairs to the courtroom – District 18. I was lucky enough to be one of the first 20 people which meant I got to sit in the jury box during the initial questions – AKA – the comfy seats!! During this time, both sides ask questions to the potential jurors to determine who they’d like to pick to become jurors. The last time I had jury duty, it was a medical malpractice case and I told them that it was over my head and b/c I have slight ADD, I’d just quit listening. I TOTALLY should have pulled the ADD card again. I only answered one question (bad idea). The main reason is many of the questions really didn’t apply to me and I was honestly sick of the questions and hearing the STUPID answers from fellow candidates. They are ALWAYS a few idiots in the room. #40 was a prime candidate for that – it was obvious right away she would NOT get picked. And honestly, if they’d sent her home at lunch we’d probably saved an hour listening to her stories!!
FINALLY around 5pm they gave us an hour break (but you couldn’t really go anywhere since the courthouse was closed and you’d get locked out) and told us they’d call us in at 550 to let us know who had been picked. Around 625pm we were finally called in and I was the SECOND number called. AUGH! To say the least, I was NOT happy. It had been a really long day and everything took WAY longer than planned. (It was VERY frustrating how late they ran after each break. 60 people were almost able to be back on time but the attorneys never were!)
During all this time, I did at least come up with some great comparisons for many of the people in the courtroom! On the wall, there was a photo of a judge (not our judge) who looked similar to Uncle Karl Banks from the Fresh Prince of Bel Air! The attorney for the state looked like Ellen Pomeo (Dr Grey) from Grey’s anatomy. Her assistant looked like Tiger Woods. This at least gave me a little bit of amusement – and of course I shared with some of my fellow jurors. One of the other girls decided the judge kind of looked like a younger Gregory Hines. Oh, and how can I forget the defendant…he looked like a male Whoopi Goldberg!!
Tuesday, I reported for jury duty at 9am. District 18 was going to be my “friend” for the next few days.
The day started with opening statement and followed with 7 witnesses!! We had to hear the same story, from different points of view numerous times! AND it didn’t help that the defense attorney (who I like to refer to as Elmer Fudd) would ask the same question over and over and over again!! At points, I was offended by the repetition! (the judge was a bit annoyed with him as well and the attorneys were called to approach the bench NUMEROUS times!)
A little (brief) background on the case: The victim (and some family) went over to her mother’s house (at her mother’s request) to ask her mom’s husband (who had only been back in the home 10 days) to leave. The mother stayed in the car (she has some health issues) and the daughter (and possibly two others) went into the home. She had a short conversation with the defendant asking him to leave. He went out to the car to talk to his wife then went back into the home and came out with a knife. He came at the victim (the daughter) and they went around until her son got her away. The defendant went back in the home, got his bags and walked down the street. The victim has no stab wounds but does have bruising on her arm. The victim, her son, her niece and a stranger (who was sitting in the car across the street) all testified. They all had a little bit of a different version of the story and a few parts were inconsistent.
Here are a few of my favorite quotes of the day: (surprisingly, these were all answers to the defense attorneys questions)
From the victim – “No, and I don’t know what color the bird and caterpillar where either!”
From the son – “I told you 10 times!” And “what do you want?”
From the niece when asked how long the defendants hair was – “too long!” (this was asked by the state)
From the other witness when asked what the defendants hair looked like – “kind of crazy, like mine is!” (she was white and had curly hair – totally understood the crazy/frizz comment!)
After a long day, we were finally let go around 445pm. Needless to say I had a little frustration! Thankfully I had training with Cassy and she let me hit the punching bag for a while! (probably b/c I told her I’d cry if I didn’t hit something! – I was also having issues with a Realtor not returning my calls/emails!)
We all returned this morning expecting another long day! Instead of starting at 9am, we ended up starting around 10am so that the attorneys and judge could discuss the case and get the ball rolling quickly. Thankfully there weren’t any more witness and we were up in the juror room deliberating by 11am!! (and they took our cell phones away!)
They brought in lunch as we were deliberating. I won’t lie, my first reaction to all of this was that he was GUILTY! I don’t think any guy should strike a girl in any way AND if you were to come at me with a knife, I would be in fear for my LIFE! You don’t show someone a knife. A few of the others agreed with me, but a few didn’t. I had a few back and forth’s with one guy who believed that the defendant didn’t mean to harm her b/c if he wanted to, he would have stabbed her. SERIOUSLY!? He had a knife for fun? (I’m kind of glad I wasn’t the forman b/c I’m not sure I could have been calm with this guy). He also wanted to throw out almost all the witness testimonies b/c they were different and not fully consistent BUT thought they had “gotten their stories straight” b/c they all heard the defendant say “I’m going to kill you bitch.” I, along with a few others, do believe that the witnesses were telling THEIR truths. We all see things differently and are affected differently. I can not honestly say I’d remember all of my surroundings and exactly what happened if someone was coming at me with a knife. I’d only care about myself and that knife being as far away from me as possible! I’d be in fear for my life!!
We all discussed how we felt for a while. And read over and over the three counts that the defendant was charged with. We ALL agreed it was a domestic assault (they were relatives by marriage). We still didn’t agree if we could render a guilty verdict – without a reasonable doubt. There was still some doubt in the room. One of the other jurors reread the first count and noticed that it asked if the defendant had STABBED AT the victim. We all agreed that we could not agree, without a reasonable doubt, that this had happened. There was no proof. They never found the knife, she had no stab wounds…there just wasn’t proof!
Verdict – we the jury decided the defendant to be NOT GUILTY on all three counts.
I won’t lie, I think he is GUILTY, however, he was not guilty of the counts that he was charged with. I do think he threatened her and I do believe there was a knife involved that he threatened the victim with. However, with the evidence we had and the questions we were asked, we had to say he was NOT GUILTY.
Through this experience, I learned that even though it is my civil duty, I honestly don’t think I can do jury duty again. I did have some initial reactions - which I did not let affect my decision - but it was hard. I also was VERY curious about other things that were not presented: why didn’t the family know the mom/grandma’s husband very well? How long had they actually been married? The mom/grandma had just passed away..how? Why did the defendant hide his hair? Has he been convicted of other crimes? No, these things didn’t matter, but I am curious. One of the questions asked during day one of jury selection is “do you need to know the whole story or just the part you need-to-know?” I guess I don’t NEED to know the whole story, but I sure am CURIOUS about the other parts!! I hope the defendant stays out of the lives of the victims!
Well, I can now cross off “be picked for jury duty” off my list of things to do! But, let’s be honest, it wasn’t actually on the list!
Monday I was called to report for jury duty for Jackson County, Missouri. I had been called once before, taken upstairs but not picked. This time, I wasn’t so lucky!
For those of you who have never been called (or chosen), here’s how it all goes:
You get to the courthouse at 8am and sit in a stuffy room with about 150-200 people. You get to watch a video about the judicial system with local celebrities (George Brett), local newscasters and a few judges. Then, they start calling names in groups of 60. I was the FIFTH name called! Seriously?!?!
After a while (It was actually fairly quick this time – probably by 1030am) the first group (mine) was taken upstairs to the courtroom – District 18. I was lucky enough to be one of the first 20 people which meant I got to sit in the jury box during the initial questions – AKA – the comfy seats!! During this time, both sides ask questions to the potential jurors to determine who they’d like to pick to become jurors. The last time I had jury duty, it was a medical malpractice case and I told them that it was over my head and b/c I have slight ADD, I’d just quit listening. I TOTALLY should have pulled the ADD card again. I only answered one question (bad idea). The main reason is many of the questions really didn’t apply to me and I was honestly sick of the questions and hearing the STUPID answers from fellow candidates. They are ALWAYS a few idiots in the room. #40 was a prime candidate for that – it was obvious right away she would NOT get picked. And honestly, if they’d sent her home at lunch we’d probably saved an hour listening to her stories!!
FINALLY around 5pm they gave us an hour break (but you couldn’t really go anywhere since the courthouse was closed and you’d get locked out) and told us they’d call us in at 550 to let us know who had been picked. Around 625pm we were finally called in and I was the SECOND number called. AUGH! To say the least, I was NOT happy. It had been a really long day and everything took WAY longer than planned. (It was VERY frustrating how late they ran after each break. 60 people were almost able to be back on time but the attorneys never were!)
During all this time, I did at least come up with some great comparisons for many of the people in the courtroom! On the wall, there was a photo of a judge (not our judge) who looked similar to Uncle Karl Banks from the Fresh Prince of Bel Air! The attorney for the state looked like Ellen Pomeo (Dr Grey) from Grey’s anatomy. Her assistant looked like Tiger Woods. This at least gave me a little bit of amusement – and of course I shared with some of my fellow jurors. One of the other girls decided the judge kind of looked like a younger Gregory Hines. Oh, and how can I forget the defendant…he looked like a male Whoopi Goldberg!!
Tuesday, I reported for jury duty at 9am. District 18 was going to be my “friend” for the next few days.
The day started with opening statement and followed with 7 witnesses!! We had to hear the same story, from different points of view numerous times! AND it didn’t help that the defense attorney (who I like to refer to as Elmer Fudd) would ask the same question over and over and over again!! At points, I was offended by the repetition! (the judge was a bit annoyed with him as well and the attorneys were called to approach the bench NUMEROUS times!)
A little (brief) background on the case: The victim (and some family) went over to her mother’s house (at her mother’s request) to ask her mom’s husband (who had only been back in the home 10 days) to leave. The mother stayed in the car (she has some health issues) and the daughter (and possibly two others) went into the home. She had a short conversation with the defendant asking him to leave. He went out to the car to talk to his wife then went back into the home and came out with a knife. He came at the victim (the daughter) and they went around until her son got her away. The defendant went back in the home, got his bags and walked down the street. The victim has no stab wounds but does have bruising on her arm. The victim, her son, her niece and a stranger (who was sitting in the car across the street) all testified. They all had a little bit of a different version of the story and a few parts were inconsistent.
Here are a few of my favorite quotes of the day: (surprisingly, these were all answers to the defense attorneys questions)
From the victim – “No, and I don’t know what color the bird and caterpillar where either!”
From the son – “I told you 10 times!” And “what do you want?”
From the niece when asked how long the defendants hair was – “too long!” (this was asked by the state)
From the other witness when asked what the defendants hair looked like – “kind of crazy, like mine is!” (she was white and had curly hair – totally understood the crazy/frizz comment!)
After a long day, we were finally let go around 445pm. Needless to say I had a little frustration! Thankfully I had training with Cassy and she let me hit the punching bag for a while! (probably b/c I told her I’d cry if I didn’t hit something! – I was also having issues with a Realtor not returning my calls/emails!)
We all returned this morning expecting another long day! Instead of starting at 9am, we ended up starting around 10am so that the attorneys and judge could discuss the case and get the ball rolling quickly. Thankfully there weren’t any more witness and we were up in the juror room deliberating by 11am!! (and they took our cell phones away!)
They brought in lunch as we were deliberating. I won’t lie, my first reaction to all of this was that he was GUILTY! I don’t think any guy should strike a girl in any way AND if you were to come at me with a knife, I would be in fear for my LIFE! You don’t show someone a knife. A few of the others agreed with me, but a few didn’t. I had a few back and forth’s with one guy who believed that the defendant didn’t mean to harm her b/c if he wanted to, he would have stabbed her. SERIOUSLY!? He had a knife for fun? (I’m kind of glad I wasn’t the forman b/c I’m not sure I could have been calm with this guy). He also wanted to throw out almost all the witness testimonies b/c they were different and not fully consistent BUT thought they had “gotten their stories straight” b/c they all heard the defendant say “I’m going to kill you bitch.” I, along with a few others, do believe that the witnesses were telling THEIR truths. We all see things differently and are affected differently. I can not honestly say I’d remember all of my surroundings and exactly what happened if someone was coming at me with a knife. I’d only care about myself and that knife being as far away from me as possible! I’d be in fear for my life!!
We all discussed how we felt for a while. And read over and over the three counts that the defendant was charged with. We ALL agreed it was a domestic assault (they were relatives by marriage). We still didn’t agree if we could render a guilty verdict – without a reasonable doubt. There was still some doubt in the room. One of the other jurors reread the first count and noticed that it asked if the defendant had STABBED AT the victim. We all agreed that we could not agree, without a reasonable doubt, that this had happened. There was no proof. They never found the knife, she had no stab wounds…there just wasn’t proof!
Verdict – we the jury decided the defendant to be NOT GUILTY on all three counts.
I won’t lie, I think he is GUILTY, however, he was not guilty of the counts that he was charged with. I do think he threatened her and I do believe there was a knife involved that he threatened the victim with. However, with the evidence we had and the questions we were asked, we had to say he was NOT GUILTY.
Through this experience, I learned that even though it is my civil duty, I honestly don’t think I can do jury duty again. I did have some initial reactions - which I did not let affect my decision - but it was hard. I also was VERY curious about other things that were not presented: why didn’t the family know the mom/grandma’s husband very well? How long had they actually been married? The mom/grandma had just passed away..how? Why did the defendant hide his hair? Has he been convicted of other crimes? No, these things didn’t matter, but I am curious. One of the questions asked during day one of jury selection is “do you need to know the whole story or just the part you need-to-know?” I guess I don’t NEED to know the whole story, but I sure am CURIOUS about the other parts!! I hope the defendant stays out of the lives of the victims!
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