Hi folks. I’ve been having a discussion over at www.ShortSaleSuperStars.com on whether or not having the Buyer of a Short Sale pay off part of a junior lien “outside of closing” without disclosing to the 1st lien holder and without placing the payment as a P.O.C. (paid out of closing) item on the HUD is Mortgage Fraud and/or a violation of RESPA.

The article is presenting a scenario where the 1st lender does not agree to pay the 2nd $7,000 from the sale. They only agree to pay $3,000. So to skirt around this the agent suggest having the buyer pay the additional $4,000 needed to remove the 2nd lien outside of closing. It’s my opinion, that this $4,000 is compensation to the seller for the purchase of the property. This fact, that is pertinent to the sale, is being withheld from the 1st lender. Therefore, in my opinion, it is both Mortgage Fraud and a violation of RESPA.

The definition of Mortgage Fraud as per the FBI is:material misstatement, misrepresentation, or omission of information relied upon by an underwriter or lender to fund, purchase or insure a loan. “.

Also, a Title company that does this without placing these funds on the HUD could very well be breaking the law. Title Companies exist to protect lenders and borrowers. The lien is a title issue and therefore the monies needed to “clear title” need to be shown on the HUD.

THE HUD-1 MUST STATE, WITH COMPLETE ACCURACY, THE FULL FINANCIAL ACCOUNTING OF THE TRANSACTION. Read the rest of the article here.

Not disclosing this $4,000 payment to the first lien holder is fraud. If it weren’t ….then disclosing it would not be an issue. Would it?

Now having said all of that I know these types of transactions happen every day. The chance of being caught and prosecuted are probably slim to none. BUT…..it’s still fraudulent and it’s still wrong. Of course I am NOT an Attorney and this is just my opinion.

Here’s some more great info:

HUD promulgates regulations to enforce RESPA, known as Regulation X (24 C.F.R. section 3500, et seq.). Regulation X includes the requirement that settlement statements be prepared in the form of the HUD-1. The regs include line-by-line instructions and rules as to how the HUD-1 is to be completed. The following is from the “General Instructions” (24 C.F.R section 3500, Appendix A):

“The settlement agent shall complete the HUD-1 to itemize all charges imposed upon the Borrower and the Seller by the Lender and all sales commissions, whether to be paid at settlement or outside of settlement, and any other charges which either the Borrower or the Seller will pay for at settlement. Charges to be paid outside of settlement, including cases where a non-settlement agent (i.e., attorneys, title companies, escrow agents, real estate agents or brokers) holds the Borrower’s deposit against the sales price (earnest money) and applies the entire deposit towards the charge for the settlement service it is rendering, shall be included on the HUD-1 but marked `P.O.C.’ for “Paid Outside of Closing” (settlement) and shall not be included in computing totals. P.O.C. items should not be placed in the Borrower or Seller columns, but rather on the appropriate line next to the columns.”

The “P.O.C.” requirement is also set forth in the upper part of the first page of the HUD-1 form.

Above info was taken from this article

So what do you think? Fraud? RESPA Violation? Or neither?

Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

Want to find out more? www.CentralFloridaShortSales.com

***I am NOT an Attorney nor do I play one on TV.

Bank of America and Equator.com make it personal.

Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS

Hi Folks. Recently I have had two Buyers balk at providing me personal info I need if they want to purchase a Bank of America Short Sale. I really do understand where they coming from but….most of the big lenders including Bank of America and GMAC are now running most of their short sales through http://www.Equator.com.

Supposedly the Equator system will help to shorten the time involved with getting these Short Sales approved. From what I’m hearing Bank of America is giving approvals in 60-90 days as opposed to the 6-9 months they were taking. That’s a good thing.

The Equator system is asking for some personal Buyer info. I assume this is to make sure transactions are “arms length”. If the Buyers want to purchase a Bank of America Short Sale then we have to enter the data.

The reality is it’s less data than what the closing agent will want and far less than they would have to provide if getting financing.  What Equator is requiring is simply:

  • Date of birth
  • The first 5 digits of their social security number.
  • The Buyer’s address.

That’s all we need. No big deal. Of course the Buyers always have the option of just not buying a Bank of America Short Sale. I just hate to see them miss out on a good deal over something so minor. What say you?


Here’s the screen shot from Equator.

Broker Bryant www.CentralFloridaShortSales.com

Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

Want to find out more? www.CentralFloridaShortSales.com

***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas

Copyright © 2010 http://www.brokerbryant.com/ | All Rights Reserved

 

Short Sales Suck and I Ain’t Doin’ Them!!

Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS

http://shortsalesuperstars.comDoes this sound familiar? You’ve never had to deal with a short sale in your life – until about a year ago, when foreclosures became so common it was rare that you had a seller without one. You’re not even sure you have a real grasp on what a short sale is, much less how to go through the process. And no one seems to be able to tell you how to do it quickly, with no stress.


Well, except us.


Short sales have become the norm. They’re often treacherous, and they can be extremely painful for buyers, sellers, and agents alike.


But they don’t have to be. We’ve spent years figuring out how to make short sales less painful all around. You need to know how to handle a short sale, and we’re more than happy to share everything we’ve learned the hard way – so that you can learn the easy way.


This training series walks you through an entire short sale, from the very moment you realize you need one to the final signature on the deal. We’ve included every single trick, technique, and time-saver in our book to make short sales easy on you and on your seller.

 

You’ll have all the time in the world to learn at your leisure, too, with audio files, Q&A sessions, worksheets, and sample documents. Learn how you want, when you want, the way you want.

Ready to get rid of short sale stress and get yourself into short sale superstardom?

What Do You Get?


· Two experts in the short sale industry walk you through an entire short sale from start to finish

· 8 hours of easy-to-follow instructions along with insider tips and secrets for an extra edge

· All the forms, approval letters, and sample documents you need for your next short sale

· mP3 audio files of all seminars so you can listen at your leisure or refresh your knowledge later

· Q&A for as long as you need to get all your questions answered


We’re here to help you. We’ve been dealing with short sales for several years, and we know it can be rough on homeowners and agents alike. We want to make sure this process is as easy for you as possible, and that starts with getting you the education and short sale training you need to make the right deal.

The best part? It’s only $97. You’ll get to listen in as two short sale industry experts walk you through the process of making a short sale happen, and then get the extra support you need, when you need it, by having direct access to Wendy and Bryant via www.ShortSaleSuperStars.com (By the way…..the site membership is FREE!)

That’s 8 hours of training for one low price– and a real bargain at less than $10 an hour for the best consulting on short sales available in the market.

What Do We Talk About?


If you’re wondering exactly what we cover in each of the short sale training sessions, here’s a quick layout of what we’ll talk about and the specific strategies you’ll learn:


Session One: Short Sale Basics


· What is a short sale?

· How do short sales affect the seller?

· Why would the lender consider a short sale?

· What’s my role as an agent in a short sale?


Session Two: Taking the Listing


· How to qualify the seller

· Questions to be sure to ask (they’re not what you think)

· Documents you’ll need to make a solid short sale

· Disclosures and addenda you MUST have on the listing contract


Session Three: Placing the Property on the Market


· Proper pricing for a short sale

· Our price reduction strategy

· How to market your property for the best leverage

· How to qualify the right buyer for the sale

· How to negotiate the contract that puts you ahead


Session Four: Preparing the Package


· How to check the HUD1

· How to prepare and submit the package properly


Session Five: Presenting the Short Sale


· Making your case to the lender

· The secrets to following up the right way

· How to negotiate the final payoff


Start to finish, the perfect short sale. You’ll receive audio files of the course so you can listen to them as many times as it takes for you to feel comfortable that you can pull off a short sale as perfect as ours.

 

We know you can – all it takes is a little training, and the help of a few seasoned experts.

Becoming a short sale superstar is just that easy.

Who Are These Experts?


We’re Wendy Rulnick and Bryant Tutas, and we have 35 years combined experience in real estate and short sales.


Wendy is the award-winning Broker/Owner of Rulnick Realty, and she’s been selling real estate for 20 years. She’s been featured in Kiplinger Personal Finance Magazine and Florida Realtor Magazine as a short sale
specialist.


Bryant is the Broker/Owner of Tutas Towne Realty, and he’s been in the real estate business for 15 years. Some of his happiest clients are sellers who have been through the short sale process with him and are grateful for how painless he made it for them.


We know firsthand just how rough the short sale process can be on sellers, and we’ve been working for years to fine-tune a process that’s easier on them – and on us.

Now we’re making it easier on you. We’re just that kind of people.

What If I Don’t Like It?

Then you get your money back. It’s just that simple. We know we have the knowledge that helps you become a short sale superstar, but if you don’t feel the same for any reason, then we’re happy to refund your money. We want everyone who takes this course to feel they got their money’s worth.

After we refund your money, we’ll ask you how we can improve for others. We’re that devoted to making sure this is the best training course on short sales out there.

Ready to become a short sale superstar?

SHORT SALE AGENT TRAINING

ONLY $97

Wendy Rulnick and Bryant Tutas
www.ShortSaleSuperStars.com

Copyright © 2010 REGrow, LLC | All Rights Reserved

 

Bank of America Short Sales Require More Than Just Waiting Around.

Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS

Pissed off Broker BI have a Short Sale with Bank of America that I have been working on for a very long time. In fact we are on our 4th Buyer. This Buyer has been under contract since August and has been very patient. I won’t bore you with the details but just suffice it to say that today was the day I needed to get some answers. So I fired off this email to a whole bunch of people in high places.

To who it may concern,

Bank of America’s lack of response to this short sale is disheartening to say the least. My seller has been jumping through hoops for over a year trying to work something out with your bank. We now have the FOURTH buyer that is willing and able to close on this property at market value yet your bank has now closed the file for “Insufficient offer”.

The call center states the file was closed on 4 February even though I have emails from X on the 17th of February stating it was still at the Investors. Was she lying? Or just out of the loop? In fact a new BPO was ordered and done on February 5th.

Back in November I had a long email thread with L who had asked the buyer to raise the contract price from $65,000 to $67,500. They did.  She then asked the seller to contribute $2,700 in cash. He agreed. We thought at this time that we were close to getting an approval. 

The transaction went dead until I heard from L on 12-21-09 telling me the file had been switched over to X

At this time I started trying get an update from X. I was told by her on 2-1-10 that the file was with the investor and had been submitted on 1-8-10. I was again told by her on 2-17-10 that it was still with the investor.

On 3-5-10 the call center told me the file was approved by Freddie Mac on 3-3-10 and that I should be getting the letter at any time. I called back in on 3-09-10 and was told the file was closed. Since then I have sent numerous emails to X and a couple of emails to her supervisor and have not received a response from either. I have also left several messages on X’s voice mail that have not  been returned.

Today I am filing a complaint with the OCC and the BBB. Of course I’m sure you have a very long list of complaints so one more probably means nothing to you. 

I have been working short sales for several years and understand the frustrations on all sides of the transaction. What I don’t understand is the complete lack of communication on this file. If you are not going to approve the short sale then tell us so. Ignoring us is just wasting our time.

I am the co-owner and founder of a network of Short Sale agents throughout the country called www.ShortSaleSuperStars.com  From what I have read on our site, agents and consumers everywhere are pissed off with your complete incompetence. But that’s an issue for a media interview and has nothing to do with this email.

So back on topic. What can I do to HELP you get this file approved and off your desk? THE END

I received a response in 15 minutes and should have my approval tomorrow. Life is good. If you are facing foreclsoure please give ma a call. I may be bale to help.

 

Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

Want to find out more? www.CentralFloridaShortSales.com

***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas

Copyright © 2010 http://www.brokerbryant.com/ | All Rights Reserved

 

 

GMAC Short Sale Verbiage is Stealing MY Money!

Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS

Fluckers!!!Hi Folks. Richard Zaretsky wrote apost earlier this week titled SHORT SALE MARKET EVOLUTION – GMAC SOLUTION TO FALSE BUYERS  If you haven’t read it pop over and do so.

Richard’s post spawned an article by Bill J Archambault titled Successful REALTOR Or Failed Social Reformer.

Bill’s post got me thinking about this one. Funny how that works!

Here is the language GMAC wants if you have a short sale with them as the lender:

2-3% earnest money must be agreeable to buyer. Contingencies must be removed 14 days after we issue approval letter and earnest money becomes non-refundable. If buyer walks, buyer and seller must agree in writing that earnest money will be wired to GMAC.

GMAC is interfering with my listing agreement and interfering with a purchase agreement.  This is, in my opinion***, Tortious interference. They are NOT a party to either of these contracts and have no right dictating the terms.

GMAC’s new “deposit language” is interfering with my contractual right, as per my listing agreement, to a percentage of the deposit when a buyer walks. Why? I didn’t do anything wrong. In fact, I spent time, effort and money during the pending status of the contract and have the right to be compensated if the deal kicks due to the buyer walking. GMAC wants to steal my money.

And what about the fully qualified buyer that doesn’t have 2% to 3% to put up as a deposit? They could be purchasing the home using VA or USDA (100%) financing but may not be in a position to place 2% to 3% down as a deposit. Now due to this GMAC requirement they are blown out of the water. And of course these are exactly the buyers that are willing to pay a premium for a property.

Make no mistake about it this is just one more step towards banks dictating the real estate market.

Banks are now:

  • Limitting how much I can charge for my services.
  • Preventing me from being compensated for my time and effort.
  • Dragging property values down even further by limitting the buyer pool.

You can be sure I will work the system to my advantage. BUT…dictating how I can charge for my services is a violation of anti trust laws. GMAC can certainly choose to not accept a short sale. That is their decision. How I get paid is my business and they are interfering with my contract. GMAC is not losing money. They are the servicer. They get paid whether payments are made or not. This new verbiage is not to lesson their losses it is to increase their profits.

I wonder if they pass the claimed deposit off to the investor? I doubt it.

Short Sales Suck and I Ain’t Doin’ Them!! Agent Training.

Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

Want to find out more? www.CentralFloridaShortSales.com

***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas

Copyright © 2010 http://www.brokerbryant.com/ | All Rights Reserved

www.CentralFloridaShortSales.com

I’ve got news for ya. You already did. When you purchased the property. You signed two documents. The mortgage. That created the lien and gave the lender the right to foreclose on your property (their collateral). And, you signed a promissory note. That was/is your personal promise to pay back the money you borrowed.

The Short Sale releases the lien (mortgage). It may or may not release you from the note. If the Lender is offering to swap out your $200,000 note, that you already signed, for a $10,000 at ZERO interest over 10 years then……why not sign and be done with it?

Think about it before you answer. Consult with an attorney. Then make the decision that works for you. Just don’t say “I ain’t signing no frickin’ note!!!” without thinking it through. Make sense?

Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

Want to find out more? www.CentralFloridaShortSales.com

***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas

Copyright © 2010 http://www.brokerbryant.com/ | All Rights Reserved

Short Sale Lenders are Seizing Bank Accounts!

Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS

www.shortsalesuperstars.comDid you know that? I didn’t. Until I read this article by Sally K. & David L. Hanson.

This is pretty serious stuff. If you are working with Short Sales please be sure to notify your Sellers and give them this information. I am not an Attorney nor do I play one on TV so I do not know the legalities of this. I do know though, that if it were me, I’d much rather avoid the issue all together and pull my money out of the bank that I have my delinquent mortgage with. Better safe than sorry.

If you read the comments to Sally and David’s post you will see that this IS happening. And it’s happening all over.

And of course….Bank of America is one of the culprits.

Be a Short Sale Superstar to your Sellers and make them aware of this situation today. OK?

 

Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

Want to find out more? www.CentralFloridaShortSales.com

 

The BIO for Bryant Tutas

Copyright © 2010 http://www.brokerbryant.com/ | All Rights Reserved

New NE Orlando Florida Short Sale Opportunity

Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS

3953 Shawn Circle Orlando Florida 32826
3 bedrooms and 2 baths with 1613 Sq Ft Living Area Built in 1999
Click here for full details

$145,000

Beautiful home with many upgrades. Convenient NE Orlando location. Rounded drywall corners, tile flooring in the family room, screened and covered rear porch, fenced yard, upgraded blinds, light fixtures and ceiling fans through out. Community pool. Very clean and ready for a new owner. It is a short sale so please allow 90 to 120 days for closing.

 

Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

Want to find out more? www.CentralFloridaShortSales.com

***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas

Copyright © 2010 http://www.brokerbryant.com/ | All Rights Reserved

 

 

 

Short Sale Knowledge At Your Fingertips.

Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS
Broker Bryant www.CentralFloridaShortSales.com
Well OK then. BUT…..did you know getting it removed is not enough? “What ya talkin’ ’bout Willis?” Having the deficiency language removed from a Florida Short Sale approval letter don’t mean squat.

Of course, I am NOT an Attorney nor do I play one on TV. So you need to seek legal advice if this is a big deal. But here’s my opinion. Not only would they have to remove the deficiency language BUT they would have to add a clause stating that they will NOT go after you for a deficiency. AND I personally don’t think this would make a difference either.

So you have to ask yourselfIs going ahead with the short sale better than being foreclosed on?” (Insert the NOT an attorney language). My opinion is “YES”. Yes a Short Sale is better than being foreclosed on. At least with a Short Sale you have tried to do the right thing. However a Short Sale is NOT a free walk in the park. There are consequences.

  • Your credit may be messed up.
  • You may have difficulties getting a mortgage for a few years.
  • You could be liable for some taxes.
  • Maybe that deficiency will come back to haunt you.
  • You will have to move out of your house.

These are pretty much the  same consequences you will have if you get foreclosed on. So why do a Short Sale? In my opinion, it’s the better of two bads.

I guess my point is that you need to take this stuff serious. Do your research. Seek the advice of a competent Attorney and tax professional. Then after all of your questions have been answered to your satisfaction….sleep on it. When you are ready to go the path of the Florida Short Sale, call me. I’ll be able to help. OK? 

Do NOT be foreclosed on! Avoid foreclosure. Short Sales DO close.

Want to find out more? www.CentralFloridaShortSales.com

***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.

The BIO for Bryant Tutas

Copyright © 2010 http://www.brokerbryant.com/ | All Rights Reserved

 

About us

I am a licensed real estate Broker in the state of Florida. My opinions on real estate have been formed from my experiences and 15 years of working in the business. My opinions are in line with Florida Real Estate laws and the REALTOR(R) Code of Ethics. Your State’s laws may differ. So do your own homework before implementing any of my business practices into your business.