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+serious Questions Answered On Real Estate Investing
By Alan Cowgill
Who regulates securities?

Each state regulates investments offered to its citizens. The federal government, through the Securities & Exchange Commission (SEC), regulates offerings across state lines. This means that you'll have to look at the laws and regulations in your state when you're only working with private lenders in your state. If you're working with folks across state lines, you'll need to comply with the laws in each state you're working in and comply with the SEC's rules too.

What about advertising?

It's important to understand that each state sets its rules for advertising investment opportunities, which includes private lending. Every state has opportunities for you to advertise to bring in private lenders. There are strict regulations on this and you need to comply with the states rules.

What about advertising across state lines?

You would use a state exemption that allows you to advertise and only advertise to accredited investors. Accredited investors are defined elsewhere in this package of information. As a reminder, the Securities Act of 1933 has several definitions of accredited investors. The most important for your business are likely to be these two:

1.A natural person who has individual net worth, or joint net worth with the person's spouse, that exceeds $1 million at the time of the purchase;
2.A natural person with income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year.

So what sort of disclosure should I give my private lenders?

When you are reaching out to private lenders, whether it's just one or a large group, it's very important that you disclose the risks and benefits of the private lending opportunity you're offering them. There are several reasons you should do this. Some are for the benefit of your private lenders, who will want to know

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Wall Street Fraud Watchdog Warns All Investors About Wall Street Brokers and Banks Over Cash Equivalents
The Wall Street Fraud Watchdog is warning investors worldwide to be very careful of what Wall Street calls cash equivalents, such as failed, frozen, or devalued auction rate securities, products like Schwab Yield Plus and or a product sold by TD Ameritrade called Reverse Yield Plus. According to the group,"if you were sold one of these products, and your investment was devalued, or frozen, we want to hear from you. While we are on the topic, we are warning all investors to have your broker or bank investment advisor confirm in writing that your US tax free municipal bonds or VRDN's are 100% safe. We do think a US stock broker or bank investment advisor will put in writing that the US tax free Muni is 100% safe. We expect the US Municipal Market to crash in 2009, because of dramatic declines in US property tax & retail sales tax revenues." Investors or victims can contact Americas Watchdog's Wall Street Fraud Watchdog anytime at 866-714-6466, or visit their web site at Http://WallStreetFraudWatchdog.Com for more information. (PRWeb Nov 20, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1644314.htm

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CommerceHub Supports Supplier-Direct Fulfillment to Manage the High Cost of Carrying Inventory
With the economy slowing and the cost of capital to hold inventory rising, multi-channel retailers are looking to Supplier-Direct Fulfillment to reduce inventory carrying costs and operational expenses (PRWeb Nov 20, 2008)

Read the full story at http://www.prweb.com/releases/CommerceHub/Supplier-direct/prweb1642964.htm

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Marketing Automation Leader Marketo Announces Marketing Asset Management Capabilities
Lead management customers can now store, distribute and track content and other marketing assets. (PRWeb Nov 20, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1642724.htm

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REIT Industry Honors Leland Speed and Martin Cicco
The National Association of Real Estate Investment Trusts® (NAREIT®) presented its 2008 Industry Leadership Award to Leland Speed, chairman of Parkway Properties, Inc. and EastGroup Properties, Inc. Martin Cicco, head of the investment firm MJC Associates, was honored with the Industry Achievement Award. (PRWeb Nov 20, 2008)

Read the full story at http://www.prweb.com/releases/Leland_Speed/Martin_Cicco/prweb1582014.htm

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10 Best Practices for Internet Brand Building
New FuelNet special report reveals how to boost a brand's online credibility (PRWeb Nov 20, 2008)

Read the full story at http://www.prweb.com/releases/Internet_Brand_Building/Online_Credibility/prweb1642594.htm

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$1.6 Trillion in Bailout Funds Fail to Find Their Way to Small Businesses
Committee highlights insufficient actions taken by federal agencies. (PRWeb Nov 20, 2008)

Read the full story at http://www.prweb.com/releases/Small-Business/Bailout/prweb1648424.htm

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As Nation is Flooded by Layoffs -- A Tsunami of Severance Packages Hits Career Protection®
We hate to say "we told you so," but Career Protection's Annual 2008 Layoffs Forecast was correct in its prediction of massive layoffs for this year. Over 1,375 corporate executives nationwide completed the confidential annual survey regarding reduction-in-force plans conducted by the employment law and human resources experts of CareerProtection®.com. (PRWeb Nov 19, 2008)

Read the full story at http://www.prweb.com/releases/layoff/Career_Protection/prweb1637544.htm

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T-Mobile "It's a Wrap" Reception & Party at Atomic Music Group's (Federal Distribution/Fontana) HML Mansion in Bel Air, California
T-Mobile presents "It's a Wrap" Reception & Party at Atomic Music Group's HML Mansion in Bel Air, California on November 19, 2008. (PRWeb Nov 19, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1643604.htm

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Prollenium Medical Technologies Eyes European Affiliate AuraGenix N.V. for Growth and Expansion
Ario Khoshbin, founder and president of Prollenium Medical Technologies, one of Canada's leading specialty pharmaceutical companies, reported today that the launch on August 1 of AuraGenix BioPharma , a unit of AuraGenix N.V., will have a profound impact on his organization's overall performance for the balance of Fiscal 2008 and beyond. (PRWeb Nov 19, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1628624.htm

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Attention Forex Trading Professionals: Forex Justice Takes the Guesswork Out of Forex Currency Trading--Now for Free
Forex Justice, an exciting two-way forex broker review forum, is proud to announce its exclusive online campaign which offers a limited-time, free sign-up period. (PRWeb Nov 18, 2008)

Read the full story at http://www.prweb.com/releases/forex/forex_broker/prweb1624484.htm

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Lead Management and SaaS Insights Presented at VentureWire Technology Showcase and SIIA OnDemand by Marketo
Phil Fernandez, CEO of fastest-growing B2B marketing automation company to share best practices. (PRWeb Nov 18, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1630004.htm

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Mobile Games Market to Reach $10bn by 2013, but Growth to be Severely Restricted by Operator Business Models, According to Juniper Research
While the arrival of the iPhone has generated a universally positive response from mobile games publishers and developers, the volume of paid-for mobile game downloads has nonetheless flatlined across North America and Western Europe, according to Juniper Research. (PRWeb Nov 18, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1628234.htm

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BridgeStreet Worldwide and Tadmur Sign Franchise Agreement for Serviced Apartments in Doha, Qatar
BridgeStreet Worldwide, a leading international provider of serviced apartments, today announced it has signed its first franchise agreement with Tadmur Real Estate, W.L.L., in Doha, Qatar. (PRWeb Nov 18, 2008)

Read the full story at http://www.prweb.com/releases/Serviced_Apartments/Doha_Qatar/prweb1618544.htm

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Minc Online Announces Share Trading from $17.50
Minc Online announced today a flat rate of $17.50 per equity trade up to $200,000 until the 31st of December 2008. (PRWeb Nov 18, 2008)

Read the full story at http://www.prweb.com/releases/online-trading/share-trading/prweb1625524.htm

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OutcastCommunications.com Partners with BoardCentral.com to Syndicate Premium Financial News and Research on Small and Micro Cap Companies
Outcast, Inc. and BoardCentral Inc have entered into a content syndication partnership providing unique research, news and analysis of small and micro-cap stocks to visitors of BoardCentral.com's and numerous content syndication partners. (PRWeb Nov 18, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1626334.htm

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3 UK and Republic Of Ireland Follows 3 Scandinavia by Choosing Miyowa for Next Generation Mobile Instant Messaging
-22nd Worldwide Operator Deployment for Miyowa- (PRWeb Nov 17, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1626924.htm

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William Kemble-Díaz Joins SNL Real Estate as a Senior Editor
Veteran journalist brings real estate market expertise to SNL's coverage of Europe and the Asia-Pacific region. (PRWeb Nov 17, 2008)

Read the full story at http://www.prweb.com/releases/SNL/Kemble-Diaz/prweb1619994.htm

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The Rainmaker Group, Microsoft Team to Leverage Future Products for Gaming Hospitality Operators
Partnership Will Enable Operators to Extend Enterprise Data beyond Revenue Management. (PRWeb Nov 17, 2008)

Read the full story at http://www.prweb.com/releases/RainmakerGroup/letitrain/prweb1629004.htm

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Business Wire Hosts Expert Panel For Discussion on XBRL : Representatives from the SEC, XBRL U.S. and Comcast Will Discuss SEC's Proposed Mandate Requiring XBRL Filing
Business Wire this week will present a distinguished panel of XBRL experts discussing eXtensible Business Reporting Language (XBRL) and the proposed mandate by the Securities and Exchange Commission (SEC) that would require publicly traded U.S. companies to adopt XBRL-based financial reporting. The live webinar, titled “Understanding XBRL and the SEC’s Proposed Rule,” will take place on Thursday, November 20 at 1 p.m. EST at BusinessWire.com. (PRWeb Nov 17, 2008)

Read the full story at http://www.prweb.com/releases/business_wire/proposed_mandate/prweb1630294.htm

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Integrity Financial AZ (IFAZ) Launches New Website To Reach Out To Wall Street's Weary Investors Interested In Contractually Guaranteed Returns
Integrity Financial AZ (IFAZ), a real estate investment firm, launches a new web site to reach out to Wall Street's weary investors that are apprehensive about the fate of their investments due to the downward slide in the stock market. In contrast to the market, IFAZ clients consistently earn 10 percent on their invested funds and their returns are contractually guaranteed. (PRWeb Nov 14, 2008)

Read the full story at http://www.prweb.com/releases/guaranteed/returns/prweb1611574.htm

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TheInsideInvestor.com "New" Investor Promotion Alert: Premier Power Renewable Energy PPRW.OB - OTCBB
TheInsideInvestor.com reports publicly traded stocks that are actively being promoted and marketed exclusively to their subscription investor email list. Investors view current promotional material as opt-in active members of TheInsideInvestor.com mailing list.Today's "NEW" investor promotion report: PPRW - OTCBB. (PRWeb Nov 14, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1609374.htm

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InvestorABCs.com "New" Investor Promotion Alert: Premier Power Renewable Energy PPRW.OB - OTCBB
InvestorABCs.com reports publicly traded stocks that are actively being promoted and marketed exclusively to their subscription investor email list. Investors view current promotional material as opt-in active members of InvestorABCs.com mailing list. Today's "NEW" investor promotion report: PPRW - OTCBB. (PRWeb Nov 14, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1610074.htm

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FuelNet.com Wins Mequoda Publisher of the Year Award
Site lauded for its usability, editorial content, and strategic intent. (PRWeb Nov 13, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1604114.htm

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World Load Cells Market to Exceed $1.58 Billion by 2012, According to a New Report by Global Industry Analysts
Load cell manufacturers, in order to gain and retain customers, are required to produce high-quality and efficient devices, which are most competent on cost front too. To distinguish themselves from the competition, load cell manufacturers need to provide extensive customer service and support that includes product installation, training, maintenance, and speedy repair services. (PRWeb Nov 13, 2008)

Read the full story at http://www.prweb.com/releases/single_point_load_cells/shear_beam_dual_bending/prweb1606554.htm

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Magnetic Materials Market to Reach $28.5 Billion by 2012, According to New Report by Global Industry Analysts, Inc.
Supported by growing Chinese consumption, consistent end-use demand, and technological advancements in the fields of specialty magnetics and rare earth metals, the market for magnetic materials is poised for robust growth. The global market for magnetic materials is forecast to reach $28.5 billion by 2012. (PRWeb Nov 13, 2008)

Read the full story at http://www.prweb.com/releases/magnetic_materials_soft/electrical_permanent/prweb1606584.htm

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World Market for Furniture & Fixtures to Reach $395 Billion by 2012, According to New Report by Global Industry Analysts, Inc.
World market for furniture & fixtures is projected to average to $395 billion by the year 2012. The industry that has long been driven by rising disposable incomes, improving standards of living, and growing consumer preferences for elegantly styled furniture, is now caught in the midst of growing unrest and uncertainties in the world economy. Challenges in the short-term include the slowdown of the US economy, and the spreading global financial crises. (PRWeb Nov 13, 2008)

Read the full story at http://www.prweb.com/releases/furniture_fixtures_office/household_institutional/prweb1606614.htm

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World Market for Biotechnology Reagents to Reach $32.5 Billion by 2012, According to New Report by Global Industry Analysts, Inc.
Driven by the human genome project, and research in the area of AIDS, geriatric diseases, neurosciences, and drug development (antiviral, antibacterial, antifungal, and genetic therapeutics), world market for biotechnology reagents is projected to reach $32.5 billion by 2012. The shift towards proteomics from genomics in the post-genome-project research period is forecast to benefit protein related product markets in the upcoming years. (PRWeb Nov 13, 2008)

Read the full story at http://www.prweb.com/releases/biotechnology_reagents/immunoassay_reagents/prweb1606644.htm

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Foreclosure Sales Drop Substantially
Loan modification activity forestalls impact of negative equity (PRWeb Nov 13, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1608444.htm

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TravelCLICK Wins 10 W3 Awards for Creative Excellence in Website Design
Dominating win reinforces TravelCLICK's leadership in hotel and lodging emarketing (PRWeb Nov 13, 2008)

Read the full story at http://www.prweb.com/releases/TravelCLICK/ihotelier/prweb1613004.htm

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Commodity Super-Cycle Mining Sector Rotation and Valuation Commentary on Yale Resources
Research group provides analytical review of the commodity super-cycle, commentary on commodities, China economics, copper insight, and provides a case study of exceptional valuation Yale Resources Ltd. (TSX-V: YLL). (PRWeb Nov 13, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1606324.htm

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The MiniTower Telescope Mount Developed by iOptron Corporation Has Been Named 'Hot Products 2009' by Sky and Telescope Magazine
The MiniTower™ Telescope Mount developed by iOptron Corporation has been named "Hot Products 2009" by Sky and Telescope Magazine, the world-wide leading publication for amateur astronomy.In January 2009 issue of Sky and Telescope Magazine, the editors note: "iOptron has responded to consumer requests for a heavy duty version of its groundbreaking Cube alt-azimuth mount (a Hot Product Pick for 2008). The MiniTower wraps a 25-pound capacity and very accurate GoTo performance into a compact mount that's exceptionally easy to set up and use. It's sold as a package noteworthy for its completeness, since it includes a tripod, multiple power options, adapters for mounting scopes of both sides of the altitude axis, counterweight and hard-sided carrying case". (PRWeb Nov 12, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1597844.htm

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Thinking Outside the CUBEicle: College Student Seeks Out Tuition Aid the E-Fashioned Way
Terminate the Rat Race and Ratzapper.com have teamed up to create an unorthodox way of raising college tuition. (PRWeb Nov 12, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1605872.htm

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Promotional Coupons Sent Via Mobile Phones to Exceed 200m Users by 2013 Finds Juniper Research
Coupons delivered and redeemed via mobile phones are forecast to be used by some 200 million mobile subscribers globally by 2013, according to a new study by Juniper Research. (PRWeb Nov 12, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1595774.htm

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NAREIT: Despite October Declines, REITs Continue to Offer Strong Value Opportunity for Long-Term Investors
Following a volatile October, the 31 percent decline in REIT total returns so far in 2008 is in line with declines seen across the broader market, according to the National Association of Real Estate Investment Trusts (NAREIT). (PRWeb Nov 12, 2008)

Read the full story at http://www.prweb.com/releases/NAREIT/Real_Estate/prweb1581894.htm

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Global Toys and Games Market To Reach $122.2 Billion by 2012, According to New Report By Global Industry Analysts, Inc.
Driven by the growing popularity of video, and interactive games, rising broadband penetration, technological advancements in gaming, and increasing uptake of wireless gaming, the world market for toys and games is projected to reach $122.2 billion by the year 2012. Developing economies in Asia-Pacific and Latin America are poised to drive future growth in the marketplace. (PRWeb Nov 12, 2008)

Read the full story at http://www.prweb.com/releases/toys_games_dolls/video_games_activity/prweb1601282.htm

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World Gears, Drives & Speed Changers Market to Reach $105 Billion by 2012, According to New Report by Global Industry Analysts
A spate of technological developments use of CAD/CAM for designing and production, and intense R&D are changing the landscape in the worldwide gears industry. The world gears, drives & speed changers market is projected to reach $105 billion by the year 2012. (PRWeb Nov 12, 2008)

Read the full story at http://www.prweb.com/releases/gears_drives_automotive/speed_changers_marine/prweb1601292.htm

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Buyer's Market Has Memphis Online Real Estate Investment Firm, Feol-Hinricher Companies, Poised for Record Profits - Market Ripe for Real Estate Investors in Memphis
Clients of the Feol-Hinricher Companies are enjoying sizable profits investing in Memphis Real Estate. Although nationwide, the real estate market is flat, because it is a buyer's market, there has never been a better time to invest in Memphis real estate. (PRWeb Nov 12, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1602562.htm

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Equity Based Services, Inc. Thaws Credit Freeze
Equity Based Services, Inc ("EBS") successfully refinances a portfolio property in Austin , TX with a Midwest based Regional Bank. (PRWeb Nov 12, 2008)

Read the full story at http://www.prweb.com/releases/equitybasedservices/creditfreeze/prweb1603854.htm

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Baby Boomers Retirement Club Partners with HedgeLender LLC to Bring Industry-Leading HedgeLoan® Finance Solutions to Key Market
Program will provide stock-secured lending options to BBRC members (PRWeb Nov 12, 2008)

Read the full story at http://www.prweb.com/releases/2008/11/prweb1604292.htm

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Tourism to Costa Rica Stays Strong Despite Trying Economic Times
Costa Rica based airline, NatureAir, revises projected earnings for 2009 (PRWeb Nov 12, 2008)

Read the full story at http://www.prweb.com/releases/Carbon_Neutral/Costa_Rica_Airline/prweb1605124.htm

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what your business is and how they can make money lending to you.

Securities laws work to protect private lenders, so you must disclose to them what the potential downsides are. These might include how long it will take to sell a property; mortgage rate changes, housing market pricing fluctuations, or the cost of rehabbing a property. There are others you'll want to mention.

Disclosure documents will also help you protect yourself and business against possible claims that you didn't describe the business properly. A strong disclosure document will help you protect your reputation and protect you against frivolous litigation. It will also help you comply with securities laws and regulations and, should you get a question from a regulator, help you demonstrate to them you are working to be in compliance.

Commissions- Can I pay them?

The bottom line on paying commissions is: don't. Unless you are using a proper registration or exemption and using a licensed or registered broker/dealer, almost every state prohibits paying commissions for the sale of securities.

Now, in Ohio, it is possible to pay someone to help you get potential private lenders to a luncheon, but only if you pay him or her whether or not these folks end up lending you money. That means that you can't pay them based on their success rate or anything that connects their compensation to getting private lenders. Other states won't even let you do that unless the people you're compensating are registered or licensed broker/dealers.

Public Offerings- What does that mean?

It's easiest to explain what it means by explaining what a public offering isn't.

Generally, any offering that is not exempt under the private offering exemption of the securities act of 1933 (Regulation D) is a public offering. This means that if you aren't using an exempt offering, as we talk about in the course materials, then you are getting involved in a public offering. Each and every state has its own definition of exempt offerings and these aren't considered to be public offerings.

Exempt offerings are what open the door for you to run your real estate investing business successfully and in compliance.

In Summary, remember securities laws and regulations offer you many opportunities to do your real estate investing business and stay in compliance. Yes, there's going to be some paperwork that goes with these laws and regulations. It's just part of doing business, and that's what Alan's course is all about, helping you get into business and do it the right way and successfully.

Alan Cowgill is a national speaker, author, and real estate entrepreneur. Alan had bought or sold over 200 investment properties. His step-by-step system "Private Lending Made Easy" teaches Real Estate investors and mortgage brokers how to find private lenders. Contact Alan at 937-390-0816 or 866-831-3540. For a FREE audio CD go to www.PrivateLendingMadeEasy.com




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