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Legal Status of these so called digital nomad?


MickeyMaow

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It is not clear from legislation that income earned online contravenes work legislation, for the simple fact that the definition of 'work' in Thai law is self referential. It literally says 'working is working', in the definition.

Nobody can accurately claim what is work, and what is not work, for the purpose of complying with the legislation. It is entirely open to interpretation, and only by a judge.

There are no prior examples of anybody being prosecuted for acting in the manner of a digital nomad in Thailand.

What if they are sending cash to Thai folk for their money earner..

Dunno, only a judge can say. Could be argued that it's the same as paying someone to fix your computer or mow your lawn.

Not aware of anyone being prosecuted for subcontracting offshore work within Thailand. Can't see it being a target either, it has quite the opposite effect to 'taking work from Thais'

Edited by rwdrwdrwd
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So why do I care about what people are doing on their laptops...well nothing, it's more about what they are doing on the Internet, and that is misrepresenting the truth about the profitability and sustainability of their endeavors. I'll mention again, the trillion USD in student loans owed mostly by the Millennials.....you can bet your beer money, that many of them were lied to by recruiters about their earnings after they paid 30-50K USD to attend their tech schools. I don't care if you agree with most of my statements, but you really should admit, that as a whole, this Millennial generation is not doing too well, a lot of it is things out of their control, a lot not so much....but I've just seen so many that have victimized by the overly optimistic statements about earnings. I graduated from a top notch business school (#31 on Bloomberg's rankings). However, I will give my school an "F," when it comes to accurately portraying the work environment that recent graduates will face. And that was in the economy of the mid 80s, which was much stronger than today. Three months after I got my degree, I was shoveling diapers and dirty syringes from my friends row-house rehab project located about 2 Km from the White House. He had dropped out of GWU, his first semester. A year later, I had my own office,with a river view, on Independence Ave., doing database programming. I would be better off today, if I had never got sidetracked from my needle shoveling job...there was a lot more room for advancement, and the hours were better. To this day, I have made most of my money by investing and repairing houses that appeared to have been in train-wrecks. Computers helped me the whole way, but they didn't deliver the big checks. To quote a budget airline flight magazine: "without hard work, a dream is simply that." My hats off to the people that make 50-100 per hour in computers...but it didn't just fall out of the sky. To the people I've had the misfortune of working with or sitting next to on a long flight that tried to get me into their Internet reseller business...I will say..no, you didn't, and no you won't, and no it doesn't, and maybe even a see, I told you so. But, then I said WTP would I pay 8 USD for a box of laundry detergent, when I can go to Walmart 24/7 and get one for 2.99? Now, I would say, WTP would I pay 8 USD for a box of laundry detergent, when I can go get a 32 load bottle at the 99 Cents Only store for 99.99 cents?

...

The much shorter way of saying that is

I didn't make much money out of programming so I think it's really hard to do so, and I don't believe many other people can.

No offence, but if you code like you write, it's not the career for you.

I left school at 15 and was on 100k by the time I was 25 after teaching myself programming from books, and I know plenty of new graduates entering the market on more than that today.

Of course it requires hard work, but I'm not sure why you think 'millennials' or 'digital nomads' are incapable of that. Also, as another poster highlighted am not sure why you conflate the latter with the former.

One thing that certainly prevents success is convincing yourself that something is so difficult or unlikely as to be impossible.

Edited by rwdrwdrwd
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Like those legitimately on ED visas who are now being scrutinised because of others operating within the grey area of immigration law, there is always going to be concern for some that the digital nomads might attract difficulties in the future for those in staying in the black and white area of immigration law.

Others got here the long hard way, so have some obvious animosity towards the more entrepreneurial types.

The thing I like about the expats in this country, they all have a great story on how they got here.

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Surely if you have upto date stamps in your PP, tourist visa, education visa whatever you are a legit expat? How does working on an App idea, writing a book, making a youtube video turn you into a "pikey" ? Its up to each person to do what they want with their own time. I find it very odd that some people get very razzed up about what other people are doing on their laptops. Very odd indeed.

Thats part of the problem. People working on computers in their own home seem to think that they are exempt.

Working is working. Thailand does not want any foreigners working in Thailand without a work permit. If they do they are breaking the law. It's that simple.

These workers are a tiny problem that Thailand appears for now to tolerate. I doubt they will ever cater specifically for "digital nomads" or other online workers because they are a minority and it would open up others wanting equal treatment.

Hopefully one day Thailand will amend it's laws to make it possible for self employed, small business to be set up by foreigners but I'm not holing my breath.

Anyone with the skill to work online/remotely can do so already if they get a work permit. The fact that getting a work permit is difficult and prohibitive tells you everything about Thailand's interest in allowing foreign workers.

The fact that these people can work anywhere doesn't mean the can!

It is not clear from legislation that income earned online contravenes work legislation, for the simple fact that the definition of 'work' in Thai law is self referential. It literally says 'working is working', in the definition.

Given this, nobody can accurately claim what is work, and what is not work, for the purpose of complying with the legislation. It is entirely open to interpretation, and only by a judge.

There are no prior examples of anybody being prosecuted for acting in the manner of a digital nomad in Thailand.

I'm not saying they can or can't (and I personally think they should keep a low profile), I am saying there is no evidence to support the claim you appear to be making that they 'definitely are'.

I think the broad definition is deliberate to encompass all and any work and income doesn't come in to it. It's the act of "work" thats relevant.

“Work” means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits;"

I agree that ultimately DOL investigators and judges are the only opinions that count. I doubt many cases would get to court as the DOL have the power to instigate deportation. If the foreigner did appeal and did get to court, who do you think would win? There is no way a judge could rule in favour of a foreigner if applying the all encompassing definition of work. Such a precedent would create bigger problems.

I make part of my income at home using a computer. I asked at my local DOL office, when on other business, if what I did was ok and they said no. But went on to say, off the record, that no one would come looking for me.

Based on the Alien working act and discussions with the DOL I believe they are breaking the law unless the income generated is completely passive.

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If anyone knows of a way to generate an income whilst remaining completely passive, I'd love to hear about it.

How about a writer that sells his existing books on Amazon. He doesn't write anymore and receives automated payments to his bank.

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Sorry, but this just sounds like you don't like young people.

Incorrect, I don't like the people who were dishonest with young people (Obama comes to mind). My last non-self employed job, was teaching Math(s) at a high school rated a "1" by www.greatschools.net (1-10 scale, 1 is the "worst"). I replaced a laid off BSAE from Honeywell, who couldn't "handle it," but was actually a smart, nice guy. I would likely still be working there today, but during the year, that the contract wasn't funded, I sold both my homes that were five miles from the school. I still hold a valid teaching certificate in that State. Just put it this way, I'm not a believer in a "trophy for every student," as it clearly sets them up for more serious failures later in life. There are just too many statistics to ignore...employment, pay, household formation, delinquent student loans, people living with their parents. If it looks like a duck.....

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Like those legitimately on ED visas who are now being scrutinised because of others operating within the grey area of immigration law, there is always going to be concern for some that the digital nomads might attract difficulties in the future for those in staying in the black and white area of immigration law.

Others got here the long hard way, so have some obvious animosity towards the more entrepreneurial types.

The thing I like about the expats in this country, they all have a great story on how they got here.

You're talking rubbish. Read my post above as I don't want to type it all out again, however, the gist of it is this. ED visa scrutiny is not down to online workers and online work has never ever in anything I've ever read been attributed to people working online.

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If anyone knows of a way to generate an income whilst remaining completely passive, I'd love to hear about it.

sure, create something (book, code, product) abroad, license it, come back to thailand and collect royalties. 100% passive income.

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My point is that you say 120K USD per year s peanuts...I say you're full of shiite, and couldn't show a bank statement with 20K in it, if your life depended on it, and you have a 640 credit score to match your low to negative networth, just like most of the Milineals/smart phone users. But, you certainly don't need my stamp of approval...can't say the same for Immigration. Carry on, or better yet go down to ICON and tell the 500 employees down there making 2 USD per hour, how easy it is, or be a guest speaker at Rajaphat and tell all the IT people how wealthy they will be in the near future, thanks to Bill Gates, now even people with a double digit IQ can be IT Guys.

sorry i still don't know what the <deleted> you are ranting about. maybe lay off the coffee..

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My point is that you say 120K USD per year s peanuts...I say you're full of shiite, and couldn't show a bank statement with 20K in it, if your life depended on it, and you have a 640 credit score to match your low to negative networth, just like most of the Milineals/smart phone users. But, you certainly don't need my stamp of approval...can't say the same for Immigration. Carry on, or better yet go down to ICON and tell the 500 employees down there making 2 USD per hour, how easy it is, or be a guest speaker at Rajaphat and tell all the IT people how wealthy they will be in the near future, thanks to Bill Gates, now even people with a double digit IQ can be IT Guys.

sorry i still don't know what the <deleted> you are ranting about. maybe lay off the coffee..

just one example of what can be earned by one man and a laptop. 20% of respondents reported earning in excess of $1M per year:

http://finchsells.com/2013/10/10/how-much-can-you-earn-from-affiliate-marketing/

i really can't be arsed to drag up more info for you after you personally attacked me but this is for others who may (or may not) be interested.

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just one example of what can be earned by one man and a laptop. 20% of respondents reported earning in excess of $1M per year:

http://finchsells.com/2013/10/10/how-much-can-you-earn-from-affiliate-marketing/

i really can't be arsed to drag up more info for you after you personally attacked me but this is for others who may (or may not) be interested.

He used to live in Bangkok, I met quite a few guys who are friends with him and do similar kinda stuff. There's some pretty big affiliate players in Thailand.

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My point is that you say 120K USD per year s peanuts...I say you're full of shiite, and couldn't show a bank statement with 20K in it, if your life depended on it, and you have a 640 credit score to match your low to negative networth, just like most of the Milineals/smart phone users. But, you certainly don't need my stamp of approval...can't say the same for Immigration. Carry on, or better yet go down to ICON and tell the 500 employees down there making 2 USD per hour, how easy it is, or be a guest speaker at Rajaphat and tell all the IT people how wealthy they will be in the near future, thanks to Bill Gates, now even people with a double digit IQ can be IT Guys.

sorry i still don't know what the <deleted> you are ranting about. maybe lay off the coffee..

just one example of what can be earned by one man and a laptop. 20% of respondents reported earning in excess of $1M per year:

http://finchsells.com/2013/10/10/how-much-can-you-earn-from-affiliate-marketing/

i really can't be arsed to drag up more info for you after you personally attacked me but this is for others who may (or may not) be interested.

Utter non-sense...Our computer programmer friend is a 100 times more on track than that. WIthout even looking, I can tell you those companies are listed on rip-off reports, Attorney General Reports, Consumer Protection Websites, etc.. He even hides his details, but appears to be UK based.

Let me give you an example of how to get high returns, without risk of losing it all. You buy a house from a lender (that was repossessed), you mark it up 30% and sell it to someone with 10-20% down, and you carry their loan. They pay a third party to service the loan, collect taxes, and make sure it is insured. You charge them 9-12% interest. You sell to someone, who wants to be a homeowner, but can't qualify for a conventional mortgage. There is a deed of trust. If they don't pay, you get the house back, usually easier than evicting a non-paying tenant. You do this in "Non-judicial " foreclosure states. Meaning, you wouldn't have to sue them..the wheels go in motion automatically, if yuo don't pay. You do this with an old beat up house, that needs fixing up anyway, so if you get it back in bad shape, you are really no worse off. They have to pay you off, when they sell, at that point you will have made quite a good profit. You need capital to make money.

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just one example of what can be earned by one man and a laptop. 20% of respondents reported earning in excess of $1M per year:

http://finchsells.com/2013/10/10/how-much-can-you-earn-from-affiliate-marketing/

i really can't be arsed to drag up more info for you after you personally attacked me but this is for others who may (or may not) be interested.

Pyramid scheme, MLM, Ponzi scheme, whatever you want to call it.

Thailand is a great place for people committing fraud - the "investment broker" guys are legendary.

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Pyramid scheme, MLM, Ponzi scheme, whatever you want to call it.

Thailand is a great place for people committing fraud - the "investment broker" guys are legendary.

Except affiliate marketing is nothing like any of those.

You advertise a product (on your website or wherever) and you get a commission if someone buys via your link. You realise pretty much every major e-commerce retailer has an affiliate program right?

But yeah, Amazon are obviously at the top of a Ponzi pyramid.

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Like those legitimately on ED visas who are now being scrutinised because of others operating within the grey area of immigration law, there is always going to be concern for some that the digital nomads might attract difficulties in the future for those in staying in the black and white area of immigration law.

Others got here the long hard way, so have some obvious animosity towards the more entrepreneurial types.

The thing I like about the expats in this country, they all have a great story on how they got here.

You're talking rubbish. Read my post above as I don't want to type it all out again, however, the gist of it is this. ED visa scrutiny is not down to online workers and online work has never ever in anything I've ever read been attributed to people working online.

er, um... Read my post again! I was defending you.

Up to you to be an auto-&lt;deleted&gt;.

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Like those legitimately on ED visas who are now being scrutinised because of others operating within the grey area of immigration law, there is always going to be concern for some that the digital nomads might attract difficulties in the future for those in staying in the black and white area of immigration law.

Others got here the long hard way, so have some obvious animosity towards the more entrepreneurial types.

The thing I like about the expats in this country, they all have a great story on how they got here.

You're talking rubbish. Read my post above as I don't want to type it all out again, however, the gist of it is this. ED visa scrutiny is not down to online workers and online work has never ever in anything I've ever read been attributed to people working online.

er, um... Read my post again! I was defending you.

Up to you to be an auto-<deleted>.

I am an auto-<deleted> wink.png

Apologies, it's been a long day

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If anyone knows of a way to generate an income whilst remaining completely passive, I'd love to hear about it.

Yes there are ways to do that if you have a briliant idea and know how to take advantage of it and use the available channels online. Get paid doing nothing , it actually works for some of us. But you need a lot of patience before you get enough users/customers/clicks etc.

Edited by balo
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Utter non-sense...Our computer programmer friend is a 100 times more on track than that. WIthout even looking, I can tell you those companies are listed on rip-off reports, Attorney General Reports, Consumer Protection Websites, etc.. He even hides his details, but appears to be UK based.

Let me give you an example of how to get high returns, without risk of losing it all. You buy a house from a lender (that was repossessed), you mark it up 30% and sell it to someone with 10-20% down, and you carry their loan. They pay a third party to service the loan, collect taxes, and make sure it is insured. You charge them 9-12% interest. You sell to someone, who wants to be a homeowner, but can't qualify for a conventional mortgage. There is a deed of trust. If they don't pay, you get the house back, usually easier than evicting a non-paying tenant. You do this in "Non-judicial " foreclosure states. Meaning, you wouldn't have to sue them..the wheels go in motion automatically, if yuo don't pay. You do this with an old beat up house, that needs fixing up anyway, so if you get it back in bad shape, you are really no worse off. They have to pay you off, when they sell, at that point you will have made quite a good profit. You need capital to make money.

Right, so you repeatedly lament the terrible state of affairs for 'millennials' and point to the drop in house ownership by young people, and growing numbers of them remaining longer in the parental home due to being priced out of the market to back up your claim - then your only suggestion for a valid manner in which to make income is to flip houses, overprice them, charge over the odds interest and target buyers with low credit ratings that cannot qualify for cheaper rates with traditional lenders. Finally, if the opportunity arises, you get rid of the buyers and repeat the process with another desperate mug.

Absolutely charming... and you're bringing up rip off report and consumer protection websites - do you have some particular reason for keeping an eye on them?

Just because you found a (pretty morally corrupt in my opinion) way to make money does not mean that it is the only valid and possible mechanism for doing so. Just because you failed at some things you tried does not mean that others are not far better at it than you, and can be successful in those fields.

Affiliates are highly unlikely to be listed on 'rip off reports' - the very nature of them is that they are middlemen between buyer and seller - affiliate marketing is not MLM. You clearly have zero idea what you are talking about.

To be honest your comments throughout this thread absolutely reek of bitterness, jealousy and blinkered negativity.

Edited by rwdrwdrwd
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What interest rate do you pay on your credit cards? What do you think happens to your collateral, when you don't pay a collateralized loan? Barclay's Bank is paying me 7.75% on their preferred stock. Should I send part of it back and say that's too much?

Edited by bangmai
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I don't have credit card debt, I don't have any loans whatsoever, but this is not really the point.

You stated yourself that you add 30% markup the repossessed houses you buy, and that you charge 9 - 12% interest, on a loan that will last decades, and that you target people that cannot qualify for loans with traditional lenders. Furthermore, you structure the setup in locations where legislation and with contractual agreement that in the event they do not keep up payments for the term of the loan, you get everything back very easily and they get nothing.

It is of course good business sense, and I'm sure you're operating entirely legally, but given your references to young people being unable to afford to buy property, claims that many 'digital nomads' are in the business of ripping people off, and the intimation that many of them are doing something that may be considered immoral and distasteful by many - this nugget of information bears particular irony to me.

Also don't see any positive message whatsoever in instilling the belief in young people there are no jobs and no prospects, that life will inevitably be full of debt, and ridiculing any ideas they may have about earning income from the digital economy. Especially when following it up with a comment regarding a decent way to make money being flipping houses, that being one of the very things they cannot afford to even get on the bottom rung of. Basically sounds like 'forget your dreams, get down, stay down'. My advice to the youth of today is do the opposite to all of those things - plenty of people are successful following their own path, and it's getting easier and easier.

Edited by rwdrwdrwd
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some guys are jealous because they fear for their pensions. they expect youngsters to work from 8 to 6 and pay tax so they can be sure their money is going to their old pockets . but the problem here is where are the jobs? .

give me a well paid job and I will pay tax so you can stay in Thailand.

as long there is no normal jobs, digital nomads will stay.

oh and your fat pension? profit now because soon this is going to end...next crisis, and your nanny gov will cut your pension by 50 percent.

Edited by VIPinthailand
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Pyramid scheme, MLM, Ponzi scheme, whatever you want to call it.

Thailand is a great place for people committing fraud - the "investment broker" guys are legendary.

Except affiliate marketing is nothing like any of those.

You advertise a product (on your website or wherever) and you get a commission if someone buys via your link. You realise pretty much every major e-commerce retailer has an affiliate program right?

But yeah, Amazon are obviously at the top of a Ponzi pyramid.

Along with Thai Visa...who have Adsense and Taboola plastered all over this site!

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just one example of what can be earned by one man and a laptop. 20% of respondents reported earning in excess of $1M per year:

http://finchsells.com/2013/10/10/how-much-can-you-earn-from-affiliate-marketing/

i really can't be arsed to drag up more info for you after you personally attacked me but this is for others who may (or may not) be interested.

Pyramid scheme, MLM, Ponzi scheme, whatever you want to call it.

Thailand is a great place for people committing fraud - the "investment broker" guys are legendary.

please explain how affiliate marketing is a "Pyramid scheme, MLM, Ponzi scheme, whatever you want to call it"?

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My point is that you say 120K USD per year s peanuts...I say you're full of shiite, and couldn't show a bank statement with 20K in it, if your life depended on it, and you have a 640 credit score to match your low to negative networth, just like most of the Milineals/smart phone users. But, you certainly don't need my stamp of approval...can't say the same for Immigration. Carry on, or better yet go down to ICON and tell the 500 employees down there making 2 USD per hour, how easy it is, or be a guest speaker at Rajaphat and tell all the IT people how wealthy they will be in the near future, thanks to Bill Gates, now even people with a double digit IQ can be IT Guys.

sorry i still don't know what the <deleted> you are ranting about. maybe lay off the coffee..

just one example of what can be earned by one man and a laptop. 20% of respondents reported earning in excess of $1M per year:

http://finchsells.com/2013/10/10/how-much-can-you-earn-from-affiliate-marketing/

i really can't be arsed to drag up more info for you after you personally attacked me but this is for others who may (or may not) be interested.

Utter non-sense...Our computer programmer friend is a 100 times more on track than that. WIthout even looking, I can tell you those companies are listed on rip-off reports, Attorney General Reports, Consumer Protection Websites, etc.. He even hides his details, but appears to be UK based.

Let me give you an example of how to get high returns, without risk of losing it all. You buy a house from a lender (that was repossessed), you mark it up 30% and sell it to someone with 10-20% down, and you carry their loan. They pay a third party to service the loan, collect taxes, and make sure it is insured. You charge them 9-12% interest. You sell to someone, who wants to be a homeowner, but can't qualify for a conventional mortgage. There is a deed of trust. If they don't pay, you get the house back, usually easier than evicting a non-paying tenant. You do this in "Non-judicial " foreclosure states. Meaning, you wouldn't have to sue them..the wheels go in motion automatically, if yuo don't pay. You do this with an old beat up house, that needs fixing up anyway, so if you get it back in bad shape, you are really no worse off. They have to pay you off, when they sell, at that point you will have made quite a good profit. You need capital to make money.

please explain how earning upwards of $10K A DAY puts a top affiliate marketer in a worse position than a programmer earning $100K A YEAR? cheesy.gifcheesy.gif

please explain how selling products for a 3rd party (affiliate marketing) would get an individual or company listed on rip-off report or the like?

and by the way this form of monetisation was only one of dozens i could have listed, but i think at this point it's all a little over your head eh? grandad cheesy.gif

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I don't have credit card debt, I don't have any loans whatsoever, but this is not really the point.

You stated yourself that you add 30% markup the repossessed houses you buy, and that you charge 9 - 12% interest, on a loan that will last decades, and that you target people that cannot qualify for loans with traditional lenders. Furthermore, you structure the setup in locations where legislation and with contractual agreement that in the event they do not keep up payments for the term of the loan, you get everything back very easily and they get nothing.

It is of course good business sense, and I'm sure you're operating entirely legally, but given your references to young people being unable to afford to buy property, claims that many 'digital nomads' are in the business of ripping people off, and the intimation that many of them are doing something that may be considered immoral and distasteful by many - this nugget of information bears particular irony to me.

Also don't see any positive message whatsoever in instilling the belief in young people there are no jobs and no prospects, that life will inevitably be full of debt, and ridiculing any ideas they may have about earning income from the digital economy. Especially when following it up with a comment regarding a decent way to make money being flipping houses, that being one of the very things they cannot afford to even get on the bottom rung of. Basically sounds like 'forget your dreams, get down, stay down'. My advice to the youth of today is do the opposite to all of those things - plenty of people are successful following their own path, and it's getting easier and easier.

I didn't say I do it, but that is how it is done. Those people can continue to rent, buy a house/condo that conforms to conventional lending standards, or clean up their credit. It's their choice. Some need bridge loans while their other homes are being sold....1% per month is about standard...but real estate can appreciate at 20-50% per year, depending on location. You're taking risks, when you buy on the courthouse steps, usually without seeing the inside. It's not for the faint-hearted. The outcome will be the same in a State like Maryland, Illinois, or Florida....it just takes longer, and of course there are lawyers, who specialize in delaying the process.

You don't even have to buy the house, you can let the buyer find the house, then you simply become the lender....you have the right to determine the down payment, the late fees, the term. There are often peeople on Craigs List looking for this kind of Hard Money Loan. We had houses in Las Vegas, Phoenix, and all over Florida selling at 20% of their previous sale price....So the folks that got these hard money loans made out more than the lenders. If you didn't have cash, would you rather pay 2 million for a studio condo in CNX at 3% APR, or buy one from the bank (that they won't finance) and use a hard money loan at 12% APR?

Acquiring land through tax sales can also give high returns, and that is something that could be done from abroad. You pay someone's taxes for three years...they have to pay you back the taxes plus 16% APR, or you can take them to court and be awarded Quiet Title. Usually the owner is a developer, who just refuses to pay until the lot is sold, and the ones they lose are just a cost of doing business. Probably sounds pretty evil to the Michael Moore Club, but the police, fire, and teachers need to get paid.

I browsed through some of the warnings about the affiliate marketing programs, SEOs, special Guru seminars....the theme seems to be it's all about paying to learn how to do it, but not really doing it. People convince you that they can outsmart Google.....totally preying on the uneducated. It appears that the people that have paid, are just in so deep that they refuse to admit they will never see a dime. Looks like it is common Singapore.

I've bought three homes in the last 6 years, and have done a ton of work to them, and had to re-outfit every one of them. You can't name one item, NOT ONE, that I would have been better off buying from an affiliate marketer. Just show us one of what you consider to be a good website from one of these people. And these people that put their pitch in comment sections on blogs all over the internet....how pathetic. No, they didn't make $6642.27 last week while they took care of their three illegitimate kids.

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