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.

Buy a house in Poinciana Florida 407-873-2747

Real Estate Market Report for Kissimmee Poinciana Florida for 2009

Comments from Bryant Tutas
Broker/Owner
Tutas Towne Realty, Inc

OK so that chart was fun. I wanted to give a picture of the market in Kissimmee-Poinciana Florida from 2007 to the end of 2009. Check out the depreciation. Property values are down 67% during this 36 month period.

But the good news is values only fell 7% for 2009 and it looks like property values have not only started to level off but may be slowly increasing. 

Here’s another little goody for you. In 2007 there were only 420 sales. 2008 this number increased to 627. In 2009 Poinciana Florida broke an all time record with the most resale property sales in their HISTORY with 1,596!!! That’s awesome!!

Of those 1,596 sales 1,303 of them were either a Foreclosure (1,083) or Short Sale (220). That means that 82% of the property sales in Poinciana Florida for 2009 were distressed properties.

Currently there are 507 properties on the market in the neighborhoods of Poinciana. 102 are foreclosures. 291 are Short sales. 114 are regular listings.

Inventory is real low. It is getting very difficult to find a property in Kissimmee-Poinciana Florida.

Folks if you want to buy in Poinciana now is the time. Do not sit on the side lines any longer or you will be out of luck. If you find a property you like be prepared to make an offer of asking price or more.

If you need to sell…well chances are you will need to do a Short sale. If that’s the case…give me a call. If you are waiting for your homes value to go back to 2006 values…..it ain’t going to happen for many, many years, if EVER, so just get that thought out of your head.

OK that’s it for me. Any questions?

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

 

Could Equator Propel Bank of America From Worse to First?

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

http://centralfloridashortsales.com

Maybe. In the last two weeks I have loaded five short sales into the Equator system. All have had BPOs (Broker Price Opinions) ordered and one has already been countered and accepted by the seller. We should have a written approval by the end of the week.

Now for those of you that have worked a Bank of America Short Sale in the past you know that having a BPO ordered in less than two weeks rarely happened. So having five BPOs ordered in less than two weeks is a miracle!!!

The beautiful thing is that I have not made one phone call. The entire Equator process is automated. For me that is a huge advantage as it frees me up to actually list and sell real estate.

While I know it’s too soon to sing praises, my experience with Equator, thus far, has been very positive. What’s yours been like?

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

Bank of America Short Sale Frustrations are Internal as Well.

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

http://centralfloridashortsales.comHi Folks. Here’s a comment that I received from an employee of Bank of America. I think it sums up some of the frustration that we are all going through. I will keep the comment anonymous and it has been edited for grammar. Here goes:

I have sat here and read through all of these messages and I am at a loss for words. I currently work as a supervisor in the short sale department for Bank of America. And YES I hate my job. I hate having to get on the phone with these homeowners and agents and explain to them that I do not have the authority to submit a same day postponement for a foreclosure. Nor do I have any more contact with their negotiator than they do.

My first week on this job had me in tears. I was on the phone with an Attorney who was trying to stop a foreclosure sale and in the background I was listening to the homeowner and her children crying. It is hard and some days I leave out of work in the worst mood. EVERY DAY I attempt to make some sort of contact with corporate to get some answers from someone. But just like the rest of you, my questions and calls go unanswered.” END

I posted this to remind all of us that most of the folks we speak with at the lenders/servicers are just doing their jobs. They are overwhelmed with files and calls and there is only so much they can do.

As hard as it is sometimes, we must try to remember that these folks also have families and could very well be experiencing financial hardships just as the homeowners we are working for are. Show them some respect. Be kind. Maybe…… just maybe you’ll get a better response. OK?

Image ***Sometimes we all just need a hug!

 

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

 

 

Has your “flip flopped?”

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

Had one of my Investor customers call me last week wanting advice. He has a $30,000 deposit on a house that will be completed next month. At that time he must come up with another $50,000 to close. He bought this house with the sole intention of “Flipping it for a profit. Thankfully I wasn’t the one who sold him this house. He made the mistake of getting in on this subdivision to late in the game. He also bought the largest model in the community. Never a good thing.

I pulled up the community of about 600 homes and found almost 100 active listings 1 pending and only 7 sales since January 1st. Needless to say he has a problem. He can afford to close but he can’t afford the payments and the rentals in this area will leave him with almost a $1,500 per month negative cash flow. So what are his options? The way I see it if he closes he is going to be throwing good money after bad. If he doesn’t close he will lose his $30,000. A very difficult position to be in. In my area I am expecting to get a lot of these calls over the next few months. The Realtor that sold him the houses loses, the builder loses, the mortgage company loses, the Investor loses and the subdivision loses. The only “winner” in this case is the infomercial guy who sold the “Can’t lose get rich quick in real estate or die trying six weeks to becoming a millionaire information pack available on cd or cassette tape guaranteed to work or your money back we promise” scheme.

Just another example of how investing in real estate is a serious business. The experienced Investors that I work with rarely sell anything. They make their money going in, cover the mortgage by the rent and wait. Flipping is great when it works and can wipe you out when it doesn’t. So, has your “flip flopped?”

Short Sales got you long in the face?

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

FIND A SHORT SALE AGENT BY CLICKING ON THE MAP

Come join us at www.ShortSaleSuperStars.com

Hi Folks. Whether you’re an agent, buyer, seller or investor you really need to come check us out over at www.ShortSaleSuperStars.com.  Our members are the best Short Sale Professionals in the business and are sharing what they know for FREE!! You do NOT have to go it alone. Pop on over and tell us what we can do to assist you.

Here’s what a couple of our Short Sale Buyer members had to say this week:

  • Thank you Bryant, it’s good to know this is going to (hopefully) be an easy transaction. By the way, great site. Very informative and it’s helped me understand what a Short Sale is, as a Buyer it’s nice to know some of the “terminology” and wording in the short sale process. God Bless. DC 
  • First I have to say, I absolutely love this website! It is a great site to come to get immediate responses from people who clearly have done their research and are professionals. I am an anxious Buyer. Vicki

We also have many other great conversations taking place. Our Short Sale Professionals are discussing…..

Home Affordable Foreclosure Alternative H.A.F.A

  • We submitted a “traditional” short sale package about a month ago.  My clients asked me on Wednesday (April 7th) about HAFA – would they qualify and be guaranteed no deficiency?  Well, I called up WF and asked them. READ THE FULL POST HERE  

Equator.com

  • I am currently attempting to buy a listed short sale home.  The contract was initiated on 1/28/10 which I offered the listed price; however, I requested 3% to closing costs.  The listing agent informed my realtor….READ THE FULL POST HERE

Bank of America

  • Has anyone been successful in getting BOFA to rescind/reverse a foreclosure while it was in short sale review? FIND THE ANSWER HERE

Got a deal we can help you with?

  • I am negotiating a short sale with GREEN TREE (second loan) The negotiation is turning into a nightmare. First Green Tree ( second lender) asked for 5% of the amount the first lender in going to net to review the file now after file has been review the investor came back asking for $25,000. CLICK HERE TO SEE WHAT OUR SHORT SALE PROFESSIONALS CAME UP WITH

Maybe you’re new to Short Sales and need affordable Short Sale Agent Training?

Folks, 2010 is going to be the year of the Short Sale. It’s up to us to help as many folks as we can to avoid foreclosure. Please take advantage of all of the tools that we are making available to you at www.ShortSaleSuperStars.com. We now have almost 2,000 members and our site is THE place for all things Short Sales. Come join us. 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

 

 

Short Sales got you down?

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

http://shortsalesuperstars.comNo problem. We’re here to give you everything you need to become a Short Sale Superstar.


Foreclosures are rampant across the U.S. More and more banks and homeowners are turning to short sales as a mutually beneficial solution. The problem? Short sales seem to be what everyone needs – but you never had to do many short sales before.

That’s where we come in. We’ve been working in short sales for years, even before the economy tanked, and we know the strategies that work best to make the banks, the lenders, and most of all your clients come out on top.

Share our knowledge and make sure you have all the tools you need to become an expert in short sales – so you can reap all the rewards of getting your clients just what they need.

What’s standing between you and Short Sale Superstardom? Nothing but the click of a button.

Join our Short Sale Superstars network to get the benefit of a worldwide community of short sale experts, or get in on our 8-hour ultimate seminar in Short Sale Agent Training. From know-nothing to seasoned expert in just 8 hours – there’s no faster route to expertise in short sales.

Get started right now, and say goodbye to that feeling of uncertainty when someone mentions a short sale.

Say hello to the confident feeling of a great close and a happy client.

Wendy Rulnick and Bryant Tutas
www.ShortSaleSuperStars.com

Copyright © 2010 REGrow, LLC | All Rights Reserved

Another Successful Bank of America Short Sale

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

Avoid Florida Foreclosure www.CentralFloridaShortSales.com

Hardship: Financial and medical. The Seller is in his 80s and had never made a late payment on anything his entire life until he missed 3 payments on this property. He had lived here for almost 20 years. The property was refinanced to help pay the medical expenses of his terminally ill wife who recently passed away. 

1st Lien with Bank of America for $179,000

No other liens

Property was listed on 12/05/2009 at $95,000. It was slowly reduced and on 1/18/2010 went pending for $75,000 all cash.

The challenge: I wanted to avoid going through the Equator system due to the sellers age and the fact that he was confined to an assisted living facility. I felt that the Equator system would be confusing to him since he did not have access to email or a computer.

After a couple of days of begging negotiating I was able to get the file directly into the hands of a supervisor. The complete file was submitted on 1/22/2010 and we had written approval on 3/11/2010. That was 48 days after submission. Closing was today 4/22/2010. Or 138 days from listing to closing.

Bank of America accepted $68,700 or 38% of what was owed.

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

 

How to “man up” with Short Sales!

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

I really don’t have anything to say after watching that video except for OUCH!!! Here are a few links to some stuff you may like.

Have you submitted a Short Sale through the Equator system yet?

Bank of America brought up on charges

Twitter? Facebook? Google Buzz?

Speed painting is very cool

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

He who has overcome his fears will truly be free.” Aristotle

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

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

 

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.