Renters in Foreclosure: What Are Their Rights?

by Attorney Janet Portman

Federal legislation signed in May 2009 gives important rights to tenants whose landlords have lost their properties through foreclosure.

The mortgage industry crisis that started in 2006 has resulted in thousands -- no, make that millions -- of foreclosed homes. Most of the occupants are the homeowners themselves, who must scramble to find alternate housing with very little notice. They’re being joined by scores of renters who discover, often with no warning, that their rented house or apartment is now owned by a bank, which wants them out.

Who Are the Renters?

Renters who lose their homes to foreclosures don’t fit a single profile. Many of them live in smaller buildings, condos, and single-family homes. They’re located in cities and surrounding suburbs, in low-income and upscale neighborhoods. In short, foreclosed homes are everywhere, and they're rented by people with widely varying incomes, including some with “Section 8” (federal housing assistance) vouchers.

Who Are the Defaulting Owners?

The typical foreclosed home may have originally been owner-occupied, but more often it’s owned by investors and speculators who were hoping to profit from the rents. Caught between the slump in housing values and the rise of mortgage interest rates, these owners could not feasibly sell or extract enough rent to cover their monthly costs. In droves, they lost their investments. For example, in Minneapolis and its surrounding suburbs, 38% of the 2006 foreclosures involved rental properties; in Minneapolis alone, 65% were rentals.

Who Are the New Landlords?

When an owner defaults on a mortgage, the mortgage holder, often a bank, either becomes the new owner or sells the property at a public sale. If the bank becomes the owner, it may pay a servicing company to handle the property. But don't expect close attention -- these companies are focused on financial matters, not mundane things like maintenance.

Some renters find themselves with a new owner even before the foreclosure. Lawyers in Massachusetts, for example, contend that many new rental property owners are investment trusts that specialize in purchasing troubled loans directly from banks, then foreclosing, evicting, and selling.

New Owners Means No Maintenance Many tenants have no idea that their building has been taken at foreclosure. They continue to pay rent to the former owner, who often pockets the money but is hardly inclined to maintain the building it no longer owns. In the meantime, the new owners simply refuse to be landlords, never making repairs or even paying utility bills. Because the banks are stuck with increasing numbers of foreclosed properties that they can’t sell, they remain non-landlords for some time, making life impossible for their tenants until those tenants are evicted.

Renters in Foreclosed Properties No Longer Lose Their Leases

Before May 20, 2009, most renterslost their leases upon foreclosure. The rule in most states was that if the mortgage was recorded before the lease was signed, a foreclosure wiped out the lease (this rule is known as “first in time, first in right”). Because most leases last no longer than a year, it was all too common for the mortgage to predate the lease and destroy it upon foreclosure.

These rules changed dramatically on May 20, 2009, when President Obama signed the "Protecting Tenants at Foreclosure Act of 2009." This legislation provided that leases would survive a foreclosure -- meaning the tenant could stay at least until the end of the lease, and that month-to-month tenants would be entitled to 90 days' notice before having to move out (this notice period is longer than any state's non-foreclosure notice period, a real boon to tenants).

An exception was carved out for the buyer who intends to live on the property -- this buyer may terminate a lease with 90 days' notice. Importantly, the law provides that any state legislation that is more generous to tenants will not be preempted by the federal law. These protections apply to Section 8 tenants, too.

Importantly,tenants who live in cities with rent control “just cause” eviction protection are also protected from terminations at the hands of an acquiring bank or new owner. These tenants can rely on their ordinance's list of allowable, or "just causes," for termination. Because a change of ownership, without more, does not justify a termination, the fact that the change occurred through foreclosure will not justify a termination.

Does It Make Sense to Evict Tenants?

New owners may want to terminate existing tenants because they believe that vacant properties are easier to sell. Common sense suggests otherwise. In many situations a building full of stable, rent-paying tenants will be more valuable (and command a higher price) than an empty building. Emptied buildings are also prone to vandalism and other deterioration – after all, no one is on site to monitor their condition. When entire neighborhoods become a wasteland of empty foreclosed multifamily buildings, their value drops even further. It’s hard to understand why new owners choose to pay lawyers to start eviction procedures instead of paying a modest fee to a management company to collect rent and manage the property while they wait to sell.

"Cash for Keys" To encourage tenants to leave quickly and save on the court costs associated with an eviction, banks offer tenants a cash payout in exchange for their rapid departure. Thinking that they have little choice, many tenants -- even Section 8, protected tenants -- take the deal. It doesn’t help them much as they join the swelling ranks of newly displaced tenants (and former homeowners) who are competing to find an affordable new rental.

What Can a Foreclosed-Upon Tenant Do?

Thanks to the 2009 federal legislation, most tenants with leases will keep their leases, and month-to-month tenants will have at least 90 days to relocate. Tenants with leases have no legal recourse against their former landlords, because they are in the same position vis a vis the new owner as they were with the old: The lease survives and ends as it would had there been no foreclosure. Similarly, month-to-month tenants always know that they can be terminated with proper notice, and 90 days is longer than any state's termination period.

However, a lease-holding tenant whose rental has been bought by a buyer who want to move in to the property ends up less fortunate than before the new law -- he may lose his lease with 90 days' notice, a result that probably would not have happened had the owner simply sold the property to a buyer who intended to occupy the property.(Normally, the new owner has to wait until the lease ends, absent a lease clause providing for termination upon sale, though such clauses may not be legal in all situations.)

Suing in Small Claims Court

A lease-holding tenant who has to move out so that new owners may move in might consider suing their former landlord in small claims court. Here’s how it works.

After signing a lease, the landlord is legally bound to deliver the rental for the entire lease term. In legalese, this duty is known as the “covenant of quiet enjoyment.” A landlord who defaults on a mortgage, which sets in motion the loss of the lease, violates this covenant, and the tenant can sue for the damages it causes.

Small claims court is a perfect place to bring such a lawsuit. The tenant can sue the original landlord for moving and apartment-searching costs, application fees, and the difference, if any, between the new rent for a comparable rental and the rent under the old lease. Though the former owner is probably not flush with money, the awards in these cases won’tbe very much, and the court judgment and award will stay on the books for many years. A persistent tenant can probably collect what's owed eventually.

Work From Home Tips

Job Opportunities for Everyone

Whether you're looking to contribute to your family's finances or earn some cash to cover special or unexpected expenses, many people want more ways to make money at home.

From freelance to full-time gigs, we have a range of fields and resources below to help guide you in discovering the options that exist. Only you can decide if an opportunity is right for you.

During a Take Control Tour last year, Tory Johnson helped Skye Starner, a Colorado mother of three, find a job she could do from home.

Don't limit yourself solely to responding to advertised openings. Sometimes the best way to land a home-based job is by calling someone you'd like to work for and offering your services.

Virtual Customer-service Agent

A growing work-from-home opportunity is to answer the inbound customer calls for companies like J. Crew, 1-800-flowers, Virgin Atlanta or Walgreens. These major players and many others like them outsource their customer-service calls to companies that hire U.S.-based virtual agents.

Set your own hours and pick an account that's ideally suited to your knowledge and interests. In addition to having a pleasant voice and strong customer-service skills, you must have high-speed Internet access, a computer, a landline, and a quiet place to work -- all of which you pay for on your own.

Expect to make an average of between $8 and $15 an hour depending on your experience, call volume and accounts. Be prepared to work a minimum of 20 hours per week, although some agents work 40 hours to 60 hours when their schedule permits.

Among the companies that hire inbound and outbound agents to explore:

Alpine Access hires virtual agents as employees. Other companies, including LiveOps, West and Arise, Working Solutions, Accolade Support, Customer Loyalty Concepts, Sci@Home, Reps for Rent, Overflow, ACD Direct.

Each company has different needs based on location, hours, clients, payment schedules, skills, knowledge, etc., so be sure to check with a few of them to determine the best match for you. Some pay hourly wages, while others require that you incorporate in order to work for them.

Create Your Own Product Line

Ever dream of seeing your slogans and artwork on T-shirts, mugs or hats? You can turn that dream into reality -- and into cash -- without investing even a penny in expensive start-up costs like equipment and stock.

Submit your original ideas and art online to Web sites like zazzle.com, cafepress.com and others, and you'll receive commission on all sales generated with your designs.

Related Working From Home: Don't Get Scammed

Do this for T-shirts, mugs, kids' accessories, housewares, posters, stickers and so much more. In addition to securing orders from strangers who visit those sites, you can also make money by doing some proactive promotion of your own. Encourage your friends and family to place orders, and get them to e-mail all of their friends, too, by forwarding links to your products.

Channel Your Inner Judge Judy

Instead of spending time watching the courtroom programs on TV, make money while determining verdicts as an online juror. Lawyers deciding whether or not to accept a case or looking for preliminary feedback on cases they're currently handling use various Web sites as a cost-effective tool for research and focus groups before heading into a real courtroom.

Sites including eJury.com, OnlineVerdict.com, and TrialPractice.com pay nominal fees to home-based e-jurors, ranging from $10 to $60, depending on the length of the e-trial. Research all of the sites and read the requirements before signing on to serve.

Home-Based Jobs for Americans with Disabilities

National Telecommuting Institute, Inc. connects Americans with disabilities to employers willing to hire employees and contractors for home-based assignments. The database is small, but it's proven to be a smart resource for many workers. They may also be able to refer you to other resources as well

Transcribe Audio to Text

Speeches, lectures, television and radio programs and interviews must be converted to text that's delivered in a timely and accurate way. If you possess exceptional English language and grammar skills and you're an experienced typist with a speed of at least 75 words per minute, you could transcribe audio to text. Some businesses may require you to take a transcription test before offering you opportunities to work. Most assignments are handled on a freelance basis. Sites to explore include ProductionTranscripts.com, ModernDayScribe.com, TigerFish.com and AliceDarling.com. Find others by searching online.

Talk Tech

If you're an experienced information technology professional and you enjoy problem-solving and quality customer service, you may be able to work from home providing tech support via phone, online and in person to customers nationwide.

As an independent contractor or employee (this varies per company), you'd work from your own home office, set your own hours, and service clients in your area. ComputerAssistant.com, GeeksOnTime.com, PlumChoice.com, SupportFreaks.com are some of the companies to explore

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Driving for Dollars

I'm not talking about becoming a taxi driver or chauffeur -- you can make money by driving your normal route while allowing your car to feature advertisements.

Specially created decals are provided to drivers to affix to the back window. Depending on your location and the amount of driving you do -- usually a minimum of 1,000 miles a month is required -- you can earn $50 to $150 a month by "renting out" this space on your car. You can make even more money -- up to $500 a month -- by allowing your car to be fully wrapped with an advertiser's images and message.

Search online using keywords "car wrap advertising" to locate opportunities nationwide. Don't be shy about calling around to compare rates and advertising opportunities to find the best fit for you. Never settle on the first company you find since there could be a more lucrative option available to you.

Mystery Shopping

Get paid to shop and eat at great restaurants, and then report back to the corporate headquarters on the level of service and cleanliness to help improve the experience for future customers. There are opportunities to earn small amounts of money -- and get free products and services -- here and there, depending on where you live.

While there are some people who've managed to make a living at this, I don't recommend that you rely on it to pay the bills, especially because assignments can be sporadic.

Don't get hooked into paying $25 to $100 to become an "official" mystery shopper, assuming you'll automatically get hired. A legitimate opportunity should not cost you any money. It should give you the chance based on your profile, interests and background. One helpful resource in learning more about the industry and finding links to opportunities is Mysteryshop.org.

Nurses on Call

Registered nurses who don't want to work in traditional hospital settings or doctors' offices -- or who want to supplement their income -- can put their knowledge to work at home.

Several companies, such as Fonemed.com and McKesson.com, hire nurses to provide phone-based triage and advice to callers requesting information on medical conditions and reactions to medication.

Home-based nurses can also provide sound advice to patients on disease management and health care options so they're armed with information to make the best decisions about their care.

Connect With Clients as a Concierge

Do you think you have what it takes to handle phone, e-mail and online customer inquiries for services that range from making dinner suggestions and reservations to planning a vacation for busy professionals?

What if the caller asked you to locate the dress Julia Roberts wore in "Ocean's Eleven," rent monkeys for a birthday party, or help write a speech for a best man?

Those are some of the common and quirky requests asked of home-based concierge agents at VIPdesk, one of the leading services. VIPdesk's clients are executives and employees of some of the top companies in the world, all of whom are willing to pay for such services of convenience.

VIPdesk hires home-based agents who are highly resourceful and have prior experience in high-end customer service, travel and/or hospitality. Apply online at vipdesk.com.

Because concierge services are growing in popularity as a benefit for businesses of all sizes, consider starting your own service. Contact employers in your area about offering services of convenience to their staffers.

For example, during the busy holiday season -- and throughout the year -- employees are often distracted by personal needs. You can help busy parents save time by researching day care, planning birthday parties, and scheduling doctor's appointments for their kids.

A doctor's office might require its staff to work long hours to accommodate patient needs. Employee absenteeism can cause a disruption or slow down in services.

It may be more beneficial for the medical practice to pay an outsider like you to handle errands and special chores for a nurse than to give that nurse a day off.

This same theory applies to companies where staffers work long hours or are required to travel regularly.

Cook Up Some Cash as a Culinary Consultant

Can you whip up culinary magic in the kitchen? That just might qualify you to become a home-based consultant for Chefsline.com, which provides live, professional advice to anyone who needs help with cooking or baking.

Chef consultants must excel at cooking, teaching and customer service, and must be available to take calls for a minimum of eight hours per week during afternoon and evening hours. A culinary degree is preferred, but not required. A specialty in regional cuisine is desirable, such as African, Latin American, Middle Eastern or French, among others. Compensation ranges from $7.50 to $30 an hour, depending on expertise.

There are also other options in this arena. Local companies hire dietitians and nutritionists to handle customer and client calls from home. Call gyms and diet centers in your area to offer your services if you're knowledgeable and experienced in this line of work.

If you've got a strong entrepreneurial spirit, you can also offer to plan and execute cooking demonstrations in supermarkets, gourmet shops or private homes. Or find clients who'll allow you to plan their meals, shop for groceries, and prepare dinner. Time-strapped individuals often dream of having an affordable personal chef instead of relying on frozen dinners and takeout.

Become a Blogger

Blogging and media sharing on the Internet are super-hot right now, with no signs of fading any time soon. Web sites with videos, personal content and gossip are raking in advertising dollars with each click of the mouse.

You can become a professional blogger, too. Web sites such as Eefoof.com allow you to post videos and photographs, and then receive a percentage of the site's revenue, which is generated from advertising associated with page views and clicks to the content posted by you. The harder you work to promote your own videos and photos, the more money you'll earn.

Another way to make money is to create your very own blog at Blogger.com. Set up your own page and create captivating content to lure readers to your stuff. Then add the site's AdSense feature, which allows advertisements to be included on the page.

Every time a viewer clicks through on the advertisement on your blog page, cha-ching! Keep in mind this only works if you're committed to creating a blog that others would find fascinating -- and you hustle to attract readers to build a following for yourself.

Verify Sales Calls for Accuracy

Ever change your long-distance service or your cell phone plan? It's likely that you were asked to hold for a verification operator to come on the line to confirm your choices. There's a good chance that the operator was working from home.

To make money in verification, apply online at VoiceLog.com, a leading provider of third-party verification services. The company hires home-based independent contractors to serve as live operators to verify calls for telephone companies and other service industries focused on combating sales fraud.

Those calls are recorded for quality assurance and compliance purposes. Another set of home-based workers listen to Web-based files to review the calls for accuracy.

Carefully read the frequently asked questions page on the career section of the site so you're familiar with the application, training and hiring process before applying.

Medical Coding and Transcription

Medical coding and transcription can't always be performed at home, especially with strict privacy policies and guidelines. However, there are many companies that hire home-based workers with the skills and experience to provide both services. Keep in mind, however, that it's very difficult for entry-level, inexperienced candidates to get hired to perform such work from home. This is by no means the "get-rich-quick" line of work that many mistakenly perceive it to be.

In most cases, in addition to the proper training, you must have your own computer, high-speed Internet access, and, where applicable, headphones and a foot pedal.

In an effort to weed out the poor-quality schools, the American Association for Medical Transcription, in conjunction with the American Health Information Management Association, has been approving medical transcription schools based on the AAMT Model Curriculum. There is a list of approved schools on the AAMT Web site.

Some companies also require you to have your own software; others will provide it. In addition to finding appropriate employers online by searching Google or the big job boards, you can check out the opportunities with Medquist.com, Healthiva.com, and Precysesolutions.com.

If you're interested in starting your own coding or transcription business, begin with medical offices in your area. Ask the doctors you know how they handle such tasks and offer to provide your services. As with any new business, expect to get many rejections before you finally get a yes. Then remember, if you can get one yes, you can get two, then four and so on.

Direct Your Attention to Direct Sales

It's not just Avon, Mary Kay and Tupperware anymore. There are thousands of exciting opportunities to make extra money through in-person and online direct sales. More than 14 million people now work as independent contractors doing just that.

Select a company that best mirrors your own passion and interest, since there's a greater likelihood that you'll be able to sell products to which you can relate.

Are you into health and wellness? Try TiensNA.com. Like fine wine? Consider becoming a rep for TheTravelingVineyard.com. Is high-end clothing your soft spot? Check out the CarlisleCollection.com.

Want to sell toys to parents in your kid's play group? Perhaps DiscoveryToysInc.com. is ideal for you. The Direct Selling Association offers links to businesses and advice on how to succeed in direct sales.

Become a Virtual Publicist

Technology has made it possible for thousands of virtual public relations firms to exist nationwide, all of which are eager to identify experienced communications and marketing professionals who are diligent in their work habits but also crave the flexibility of a home base.

Among them: Perkett PR, Bisbee and Company, PartnerCentric, Orca Communications, and Wasabi Publicity, just to name a few. If you're a seasoned PR pro, contact them with your capabilities and availability.

You should also consider starting your own virtual PR firm. If you're experienced in promotions, event planning, writing, pitching, media contact management, crisis communications or strategic planning, there's a good chance your services are in demand.

Without expensive office overhead, you can offer competitive prices while making a hefty profit. Create a Web site that promotes your abilities, and start spreading the word. Since you're in PR, you no doubt know how to toot your own horn.

Telemarketing Opportunities

Many companies and organizations outsource their cold-calling campaigns to third parties. Those third parties hire full-time and temporary workers -- many of whom work from home -- to place those calls with specific goals in mind.

You may be required to persuade contacts to book an appointment, commit to making a donation, or agree to try a product or service. Your calls could also be focused on debt collection.

Typically you'll receive an hourly base pay, plus performance-based commission. While some training is provided, applicants are expected to have some high-quality customer-service and/or cold-calling experience.

Among the companies to explore: Telereach.com, Intrep.com, and West.com. You should also search online for home-based telemarketing positions on the big job boards and the major search engines. Do not pay for leads; you should be able to find employers that are hiring without paying a middleman for access to that information.

Guide Users Online

Use your subject-area expertise to make money assisting others who are in need of that knowledge.

Chacha.com is a new search engine that is similar to Yahoo or Google, but users have the ability to request the free help of a live guide. That live guide is sitting at home making money while he or she assists with the online search. Learn how you can make $5 to $10 per hour, which can be paid to you via debit card or direct deposit, at chacha.com.

About.com offers qualified applicants the opportunity to become guides if they have proven expertise in a topic area. As a guide, you're responsible for publishing a full-length article every 14 days and you must update your blog at least three times per week. Anyone can apply, but you must pass a 17-day self-guided online training program to familiarize yourself with About's tools and demonstrate your knowledge of the process.

Successful guides never make less than $500 per month, according to About.com, and some guides can earn upwards of $100,000 a year for popular, high-trafficked sections. Visit the getting started guide on About.com for details.

On JustAnswer.com, users agree to pay for experts to answer their questions. If you have an expertise -- from gardening to genealogy -- you can agree to answer questions for a price. The site then pays you based on accepted answers.

Become an Online Tutor

If you graduated from a college or university in this country or in Canada, or you're a current student at an accredited school, and you have expertise in English, math, science or social studies, you could make money as an online tutor.

You must be able to convey key information to students of all ages -- generally fourth grade through college level -- in an online environment. That means teaching mathematical formulas and chemistry equations to a kid through cyberspace, rather than face-to-face instruction.

Visit www.tutor.com to learn how you can make $10 an hour or more working five hours to 30 hours a week from home. To find other online tutoring opportunities, or to learn how to start your own online tutoring business, do a Google search using the keywords "online tutor" and research dozens of options based on your availability and subject-area expertise.

Get Paid to Write or Edit

A handful of Web sites pay for articles, but unless they're commissioning your original work, you won't make big bucks. Associatedcontent.com pays around $10 per approved/published piece. Helium.com is another option that rewards prolific writers, and both sites are a good way to build an online portfolio of published work while making some money at the same time.

Myessays.com allows essay writers to sell their original work starting at $10 for a short paper, and up to more than $100 for comprehensive work. Writerfind.com lists a range of freelance opportunities for experienced writers to pursue on their own.

Another option is freelance writing for magazines, trade publications, newsletters or local newspapers. If you've developed a specialty or have a particular interest in a single topic -- film, fashion, food, travel -- many Web sites and small publications work only with freelancers and regularly look for writers to do reviews on products or new releases, ranging in topic from electronics to beauty.

Contact the editors of the publications you'd like to work for. (Their names and contact information can typically be found on the masthead or Web site.) Ask for their writers guidelines and be ready to submit samples of your work. (This is also where links to your work from the two sites listed above can come in handy.) We hire freelance writers for our company's magazine, which is published three times a year. All of them have come to us unsolicited with their writing samples and story suggestions.

Compensation varies based on your experience. Novices might have to accept free products or press passes for their work. Experienced writers can expect to make anywhere from fifty cents to $2 per word. For multiple articles, you might settle on a flat rate.

Apply for freelance work on sites such as Cyberedit.com, which hires professional writers for a range of projects including resume writing and document proofing. Editfast.com also hires experienced editors, writers and proofreaders.

Maximize Online Job Boards

The big job boards like HotJobs.com, CareerBuilder.com and Monster.com are filled with thousands of work-from-home opportunities. SimplyHired.com and Indeed.com compile positions from a wide variety of sources. The key is to search all of these Web sites by using the words "virtual" or "home-based" when looking for opportunities advertised online.

TheLadders.com, which focuses on positions paying in more than $100,000 annually and requires a monthly fee to join, features a wide range of senior-level positions from home in sales, technology, finance and marketing. You can also promote your own skills and abilities on Web sites such as Guru.com to enable employers to find you. Craigslist.com and Backpage.com are two sites that post local listings for a wide range of freelance opportunities.

As with any advertised opportunity, you must do your homework to determine if something's right for you. That means talking to a live person and not just relying on an e-mail exchange to learn in-depth about the requirements, challenges and potential earning power. Don't be fooled by postings that promise big bucks for minimal effort. If it were that easy, we'd all be working in those jobs!

Use Your Language Skills as a Translator

If you are a native speaker of a foreign language, then becoming a freelance translator could be a great opportunity. Several companies need documentation translated for international partners and hire freelance translators through companies like Welocalize, Language Translation, Inc. , Accurapid.com, Telelanguage.com, Sdl.com.

Most companies require applicants to take a written test and sign a non-disclosure agreement. Precision and accuracy is a must. Companies who hire freelance translators prefer candidates who are native speakers of the target language, have experience with professional documents, software or multimedia translations, and are members of a professional translation association.

The most in-demand services include translation from English to Japanese, Spanish, French, German, Russian and Italian.

This is another business you can start on your own if you have the skills and are able to network effectively to land a client. A major corporate client can keep you busy full-time and smaller businesses would likely offer project work here and there.

Become a Virtual Assistant

Oftentimes small business owners and mid- to executive-level professionals need a personal assistant but cannot afford to hire one on a full-time basis or simply don't have the space in their offices. Therefore, they hire people from remote locations to do their administrative work for them.

Virtual assistants can handle bookkeeping, administrative duties, travel arrangements, transcription and correspondence, and other support services that can be done remotely via e-mail and phone.

A search on Google using keywords "virtual assistant" will generate results for many independent contractors. Some will outsource a share of their workload. Check out virtualassistantjobs.com and teamdoubleclick.com. The International Virtual Assistants Association may be a valuable resource.

You should also consider starting a similar business on your own. Be your own boss, set your own hours, and acquire clients through self-promotion and marketing. Networking and referrals are your best bets for landing clients. Create an e-mail about your services and send it to everyone you know -- and ask them to forward it along to everyone they know.

Find Freelance Gigs

From PR to Web design and so much in between, you can find freelance opportunities on a number of Web sites devoted to posting part-time and consulting gigs.

Web sites such as elance.com, sologig.com, guru.com, craigslist.com, clicknwork.com and ether.com have thousands of opportunities to respond. Some of them allow you to post a free profile about yourself and your skills and services.

If you're bidding on freelance projects, be sure to research going rates before indicating what you're willing to work for. This is especially important for work outside of your geographic area. If you live in Ohio, the going rates for graphic design might be much less there than in New York.

Yet, since this is home-based work, you can be located anywhere to do the job. While the client is looking for a good deal, you don't want to underprice -- or overprice -- your services or you're likely to be knocked out of the running.

Work-From-Home Rules

Keep in mind a few basic rules before embarking on any type of work from home:

1) Stick to a schedule. There's no manager watching the clock to see whether you report for duty at the designated hour. You're the boss, which means you bear the responsibility of getting to your workstation on time.

Create a realistic schedule each week, and do what it takes to stick to it. This includes building in breaks for lunch, personal calls, e-mails, and other brief timeouts from your work just as you'd have in a traditional office setting.

2) Create a dedicated work space. Your dining room table shouldn't double as your office. Select a quiet space where you can work uninterrupted. It's important to have an area to look forward to working in each day -- no dreary corners -- and a place that you can walk away from at the end of your shift.

3) Measure your progress and success. Determine in advance the goals you're aiming for and then work to achieve them. Be willing to re-evaluate your expectations if necessary to adjust for the realities of your home-based opportunities.

Don't give up. Even though we all crave overnight success and instant gratification, there's no such thing as an easy way to make tons of money with minimal effort. Everything takes work.

Tory Johnson is the workplace contributor for "Good Morning America" and the CEO of Women for Hire.

http://abcnews.go.com/GMA/TakeControlOfYourLife/

How To Create a Great Business Name

A great name is the beginning of a great brand. It should be memorable and create a certain feeling when heard. Here's a quick how-to on creating one and making sure it's not already used. Difficulty: Average Time Required: A few hours

Here's How:

1. Brainstorm. Think about how you want people to feel when they hear the name. Write down the words on paper and then categorize them by primary meaning.
2. Relate. Think about related words and phrases that evoke the feelings you want. Hit the thesaurus and find all the synonyms for your words and phrases.
3. Relate more. Find out the Greek and Latin translations of your words. Figure out what colors, gemstones, plants, animals, etc., relate to your words.
4. Experiment. Start playing with combinations of your various words and partial words. Don't be judgmental now - just make a list.
5. Reflect. Review your list and just give some thought to each name. How does it make you feel when you hear it?
6. Communicate. Go over the list with someone you trust. Have them tell you how each name makes them feel, and how memorable they think it is.
7. Prioritize. Throw out any that just don't fit and make a prioritized list of the rest.
8. Check trademarks. Make sure no one is using that name in your line of business. You may be able to use the name in a completely different business, but be aware that it may create confusion for both you and them.
9. Check domain names. You want to make sure that an appropriate domain name is available. You want YourCompanyName.com, of course. If that's not available, you may want to reconsider.
10. Search the internet. Even if someone doesn't have the domain, you still want to see what else is out there that has the same name. That doesn't mean you don't use it if you find something, but you need to know.
11. Check company names. If you're planning to incorporate, check with the Secretary of State (or other appropriate office outside the U.S.) of the state you're planning to incorporate in.
12. Check assumed names. For sole proprietors, check for local assumed names (also known as DBA). In the U.S., you check this with the County Clerk.
13. Stake your claim! Register your assumed name or file your incorporation papers right away. Also, start using either TM (trademark) or SM (service mark). You do NOT have to register them to use them.
14. Get the domain(s). Find an inexpensive registrar and register your domain and any obvious variations on it. You shouldn't be paying more than $10 a year for each, and at that, it pays to prevent poachers.
15. Protect your brand. A U.S. trademark or service mark costs $325. It's a drop in the bucket compared to trying to defend it later. It's not really necessary, though, for a small local business.

Tips:

1. Avoid generic names based on names, such as Joe's Bar, Sam's Hardware, etc. They're not memorable and are nearly impossible to trademark.
2. Avoid generic names that literally describe the product or service, like Computer Consulting Company, Appliance Sales and Service, Inc., etc.
3. Generally, avoid geographical names. Besides not generally being very memorable, what happens if you decide to move or expand? The exception is if you're trying to create a strong local affinity like, say, a neighborhood bar.
4. Preferably, don't restrict future product or service lines. Be broad enough to include your wildest long-term vision for the business.
5. Try to keep the name short and easy to pronounce.

What You Need:

• A thesaurus
• A writing pad and pen
• Friends for feedback

More Entrepreneurs How To's

Suggested Reading

Pick a Winning Name for Your BusinessWordNet (a thesaurus on steroids)Roots of English (free etymology s/w)USPTO Trademark SearchThe Igor Naming Guide to Creating Product and Company Names

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Guide since 2002

Dealing With Job Loss – Strategies For Moving Forward

Job losses in Canada continue to mount, as Statistics Canada reported 129,000 jobs were cut in January followed by another 83,000 last month. Unfortunately, the forecast for the coming months does not look much better, as a survey cited in the Canadian HR Reporter (March 13, 2009) indicated nearly one-third of employers were expecting layoffs due to the current recession.

This news has a very negative impact on each of us, both in terms of those of us who lose our jobs as well as those for whom the fear of losing their jobs is very real. Job loss ranks as one of life's most stressful events, ranking almost as highly as divorce or death of a spouse or parent. Recent research has demonstrated that the financial pressures created by unemployment coupled with the loss of personal control can lead to varied negative outcomes, including depression (1).

However, there are several strategies that may be utilized to regain a sense of personal control and help deal with this difficult situation.

Strategies for Dealing with Job Loss:

In my last column (February 2, 2009), I reviewed several strategies for dealing with the fear of job loss, which are also applicable here (such as staying in shape, seeking support from family and friends, etc.). The list below outlines additional strategies that can be used by people who are faced with job loss:

1) Acknowledge your Emotions – Job loss is one of the most stressful life events one can experience. Many people argue that losing a job is almost akin to losing a loved one, as the same emotional responses can occur. Indeed, Elizabeth Kubler-Ross' five stages of grief (denial/isolation, anger/resentment, bargaining, depression and acceptance), which she discussed in her groundbreaking book, On Death and Dying, have been applied to this context.

Although not everyone goes through each stage or experiences them for the same amount of time, one can see how each may play a role in this process. Regardless of whether you agree with the above parallel, undoubtedly there will be strong emotions felt following a termination that need to be addressed. Acknowledging and managing these feelings will greatly enhance your job search efforts by mobilizing your energy to focus on pursuing your next opportunity.

2) Inform your family and friends – Although this may be a difficult conversation, your friends and family will provide crucial emotional support for you during your transition. Furthermore, they can be a great 'testing ground' to practice your leaving story and elevator pitch (see following sections for more information), as they can provide feedback concerning their reactions.

This group will also be a tremendous asset, as this 'network' can keep their eyes and ears open for any relevant employment opportunities they hear about. Taking the time to share with them how you want to be positioned in the marketplace will be invaluable in executing an effective job search, as they can connect you with appropriate opportunities.

3) Maintain a schedule/routine – One of the 'hidden stressors' that accompany unemployment is the lack of structure that now exists with your schedule. Our jobs provide a great deal of structure and expectations regarding how our week would look between Monday and Friday (and sometimes on the weekends). Now, there is a major hole to fill and it is crucial to identify how you can fill this void. If you do not, it may reinforce the negative feelings brought on by the job loss and undermine your motivation to move forward.

One effective way to address this is to formulate goals with a corresponding action plan that outlines your job search strategy. In particular, it will be helpful to map out your plan of attack, similar to how you would approach an assignment at work. In other words, you should schedule your time and create project deliverables, including time devoted to such activities as networking meetings, research, resume writing. In this way, you can stay motivated by tracking your progress, celebrating your successes and identifying potential barriers to your goal.

4) Develop a Leaving Story – A recent article in the Harvard Business Review stated:

"In a time of such unsettling transition, telling a compelling story to coworkers, bosses, friends, or family - or strangers in a conference room - inspires belief in our motives, character, and capacity to reach the goals we've set." (2)

Individuals in career transition frequently mention that one of the most difficult questions to answer, both in interviews and in social situations is their current employment status. If little or no thought has been given to how you will answer this question, it can lead to some uncomfortable moments and, more importantly, seriously undermine your job search efforts. If you react negatively and blame your previous employer or 'badmouth' former colleagues, it will reflect poorly on you. In an interview, HR managers may be appropriately concerned that you will behave similarly in their organizations if things do not work out there. Furthermore, having the capacity to take an extremely difficult situation and respond to it in a positive manner tells a lot about the depth of your character and your ability to react well to very challenging circumstances.

5) Develop your 'Elevator Pitch' – Another important tool to add to your job search arsenal is your 'elevator pitch'. This 30-60 second introduction is essentially your 'personal infomercial' that consists of a series of brief statements that summarize to your audience your professional background and creates a framework that helps define how you want to be seen by them. In particular, it outlines your areas of expertise, your personal strengths and what you are passionate about. Ideally, it will be a strong conversation starter that will draw your audience in and encourage them to ask questions. This answer will also be extremely useful during a job interview where the first question is generally "can you tell me a bit about yourself?"

6) Review your financial situation – One of the immediate preoccupations that hit home following job loss is financial stability. More specifically, what will your future hold? If you have a personal accountant/financial advisor, it is highly advisable to meet with him or her and talk about the path forward. If you do not have such a resource, it may be a good idea to conduct a 'personal audit' on expenditures and make any necessary adjustments.

Conducting a comprehensive review of your financial situation will be crucial in moving forward. Without taking stock of where things are, irrational fears and worries may predominate. This may negatively impact your ability to focus your energy on dealing with the emotional impacts of job loss and motivating yourself to look for your next opportunity. In short, it will prevent you from formulating a concrete action plan that will support you in your job search efforts.

7) Consider self-employment - Although this recommendation may seem counterintuitive considering the current economic climate, recent data and experience has demonstrated that job security is a thing of the past. Working with the same organization for an entire career is the exception rather than the rule.

This trend towards self-employment has been on the horizon for some time now. As remarked by Forret and Sullivan a few years ago, "the popular press has heralded the end of 'the Job' and proclaimed that the U.S. is a Free Agent Nation (3)." This movement has continued to garner steam, as last year the number of freelance professionals jumped from 19% to 26% in the United States, despite the economic situation. (4) Although entrepreneurship is not for everyone, it may be a viable option for some individuals. Taking some time and reflecting on this possibility may be another way to energize your job search, as it opens up additional options to explore.

8) Think outside the box for your next opportunity – Sometimes, we can be our own worst enemy, as we may pigeonhole ourselves into an overly specific role/space. When looking for your next job, you can take this opportunity to re-define who you are and the roles in which you want to engage. A potentially valuable exercise may be to identify your 'transferable skills' and think about how they might apply in different venues, roles, or industries. This 'outside the box' thinking may push you to consider previously unexplored options. In addition, you can think about how your skill set and experience may add value to organizations facing certain challenges. Industry research suggests between 70-80% of opportunities are not advertised and are in the 'hidden job market.' Getting out there and networking with your contacts may end up creating an opportunity for you that previously did not exist.

9) Volunteer – Plenty of anecdotal evidence and scientific research suggests that volunteering can provide an extraordinary buffer from the pain associated with unemployment. For example, a literature review that was funded by the Ontario Ministry of Health concluded "volunteering can generate a heightened sense of self-esteem, selfworth and confidence, reduce heart rates and blood pressure, increase endorphin production resulting in greater feelings of well-being and calm, boost immune system and nervous system functioning, reduce life's stresses, and overcome social isolation (5)." Such benefits can help to minimize the physical and psychological impacts experienced following job loss.

Volunteering can also provide an additional advantage by enhancing your employability through the attainment of new skills or experience. It will also help answer the interview question regarding what you were doing between your job loss and your next opportunity, thereby demonstrating your motivation and work ethic. Finally, volunteering may put you in contact with key individuals who may link you with your next job opportunity. In some cases, volunteers actually get hired in paid positions through their work with a particular organization (6). Getting out there and connecting with your community is a terrific way to obtain social support and utilizing your time to contribute to a greater quality of life for yourself and others.

10) Stay Positive – The power of positive thinking is essential, especially in executing a job search, as it will play a vital role when you are meeting with the HR manager or hiring representative. If you are still carrying the negative energy and body language from your job loss, the interviewer will pick up on this very quickly. Although working through these emotions can be a challenge, it is an essential step in executing an effective job search.

The key to any successful transition is to integrate the experience in such a way that allows us to continue to focus on the positive and build momentum as we move forward. This energy and enthusiasm will translate to those around us and can make a temporary setback a wonderful opportunity. As is the case in this current financial crisis, there is opportunity to be found. Committing to that possibility and tirelessly pursuing our core goals are the key elements of molding a rewarding and long-lasting career.

I will be writing more Business Matters columns in the future (including one next week) and would greatly appreciate your feedback about this article or previous columns. I also invite you to call or email me with your personal stories, suggestions for article topics, or just to discuss the challenges you are facing, either in your career or within your business. I look forward to hearing from you.

References

(1) Price, R. H., Choi, J. N. & Vinokur, A. D. (2002). Links in the chain of adversity following job loss: How financial strain and loss of personal control lead to depression, impaired functioning, and poor health. Journal of Occupational Health Psychology, 7(4), 302-312.

(2)Ibarra, H., & Lineback, K. (2005). What's your story? Harvard Business Review, January, pages 64-71.

(3)Please see Forret, M.L., & Sullivan, S.E. (2002). A balanced scorecard approach to networking: A guide to successfully navigating career changes. Organizational Dynamics, 31, 245-258. Also, Daniel Pink wrote an entire book on the subject entitled "Free Agent Nation: The Future of Working for Yourself"

(4)See "Freelance ranks swell as U.S. economy slows": Canadian HR Reporter. Feb. 12, 2009. (http://www.hrreporter.com/ArticleView.aspx?l=1&articleid=6698)

(5)Please see "Volunteer for the health of it: A report of the findings from a health promotion grant funded by the Ontario Ministry of Health" – Linda L. Graff (Project Coordinator). 1991.

(6)Please see the following articles for further information: http://news.medill.northwestern.edu/chicago/news.aspx?id=118155 and

http://www.givingandvolunteering.ca/pdf/factsheets/Benefits_of_Volunteering.pdf

Craig Dowden, Ph.D.

Managing Director

André Filion & Associates - Ottawa

(613) 230-7023

André Filion & Associates is an industrial psychology and career management firm that assists organizations and individuals in leadership development, selection support, succession planning, and career transition/outplacement services. Through Verity Filion, our national career management company, we provide bilingual services to clients across Canada including locations in Vancouver, Calgary, Winnipeg, Toronto, Mississauga, Québec City, Montreal, and Halifax.

To read more Business Matters articles from André Filion & Associates, click on: http://www.ottawabusinessjournal.com/businessmatters18.php

The 20 Best Job Search Web Sites

Unemployment numbers are sky high, but there is a silver lining: there are lots of great online resources to help job seekers find work.

by Sean Ludwig

As we all know by now, unemployment numbers are sky high and companies are laying people off like it's 2001 again. However, there is a silver lining for those looking for new employment: there are more resources than ever to help job seekers find work.

These 20 Web sites take different approaches to find you the right job. Some sites, like Indeed, simply aggregate material from all other sites, while sites like TheLadders make you pay to take advantage of their high-paying job services. No matter how select or general you want your job search to be, one of these sites has you covered.

Scroll through our list of favorites and find the career site that best fits your own needs. And good luck with the job hunt!

Jobs Sites 1-10

Beyond



Beyond.com claims to be the "largest network of niche career communities" on the Net. It essentially hooks together different organizations like PRJobForce.com and PhillyJobs.com all in one place, which makes it easy to find leads in your community.

CareerBuilder



As the Web's biggest job site, CareerBuilder gets more than 23 million visitors a month. The company has been around since 1995, and has developed an incredible network of listing sources and job search centers since that time.

Craigslist



The granddaddy of online classifieds gives those who are focused on searching for jobs within their communities an easy way to look. It might be one of the least-polished entities listed here, but the sheer number of local job listings makes up for it.

Execu|Search



Execu|Search looks to be a selective, higher-tier job search property. Execu|Search screens and reviews every resume that is submitted, and helps employers find the best possible candidates for their open positions.

Hound



Hound's search engine shows jobs from employer Web sites only. In theory, this cuts out duplicate listings and shows opportunities that are not posted on other job boards.

Indeed



Indeed works as an aggregator for listings from major job Web sites, company Web sites, associations, and other online sources. Its simplicity and ease of use are its best features.

JobCentral



JobCentral is a service formed by a nonprofit consortium of U.S. corporations like IBM and Dell, which makes it ideal if you're looking for corporate job listings.

JobServe



JobServe claims it was "the world's first Internet recruitment service." In 2008, JobServe advertised more than 2.5 million jobs across 15 industry sectors.

Jobster



Jobster uses an active approach to help employers and recruiting teams of all sizes find their candidates. The company calls its method "social recruiting," and it services 24 different job categories.

LinkedIn



Best known for being a social network for professionals, LinkedIn also has thorough job listings, some of which are exclusive to LinkedIn.

Job Sites 11-20

Monster



In addition to being arguably the best-known global job-listings site, Monster also offers advice on resumes, interviewing, and salary information.

Oodle



Oodle, which specializes in online classifieds, includes a job classifieds section that finely cuts job opportunities down to job title, category, industry, and company. Did you know, for example, that Best Buy has nearly 10,000 openings?

onTargetjobs



onTargetjobs owns a lot of smaller niche sites like BioSpace.com and MedHunters.com. Its expansive niche database allows users to find compatible job listings more easily than with general sites.

SimplyHired



SimplyHired is similar to Indeed, as it also aggregates listings from major job Web sites, newspapers, company Web sites, and associations. However, the site goes a little deeper and allows users to send their resumes out for posting on five other sites for free.

SnagAJob



SnagAJob is basically the antithesis of sites like TheLadders and Execu|Search, as its focus is on hourly employment only. The site has partnered with companies like 7 Eleven, Red Lobster, and AMF, to bring the most up-to-date hourly job openings.

TheLadders



This job site has branded itself as the place to look for $100,000+ jobs only. Job seekers have to pay $30 per month to fully take advantage of the site's services.

Trovix



Trovix's free search engine makes the job-search process more personalized. Users input their work experience and qualifications and the site matches results to what info they have given. Trovix also has an innovative feature called Job Map, which allows you to type in your location and see on Google Maps how many jobs are available in your area.

TweetMyJobs



One of the newest sites to take advantage of social media, TweetMyJobs supplies Twitter users with instantaneous job listings that are derived from TweetMyJobs' Job Channels.

USAJobs



USAJobs is the official job site for the U.S. government. With the government looking to significantly increase spending during the next few years, looking at federal jobs might not be a bad move if you're in a tough place.

Yahoo HotJobs



As one of the biggest job sites on the Web, HotJobs distinguishes itself by focusing on features such as status (which shows how many times one's resume has been viewed) and the ability to block companies from seeing your resume.