Recently, I received a parking ticket form a local beach community. The ticket stated that I parked next to a yellow curb. It further stated that there was no white line on the street. However, I was parked next to a sign that indicated parking was allowed at that particular spot. The sign said: "NO PARKING TRAILERS MOTORHOMES 11PM - 6AM."  My vehicle is a SUV, and it was 8PM.

The fine was $15.00 or I could contest the ticket in traffic court.  I decided to do what was right and contest the ticket.  The easy thing would be to pay the fine and move on.  To contest the citation, I had to go to the courthouse and fill out some paperwork to plead "not guilty."  A hearing was set, but this was not the trial. It was a pre-trial disposition.  The purpose was to have the court determine if there was another possible solution to resolve this case. Unfortunately, the judge could not simply dismiss the case at this time. The judge realized right away that I was not going to pay a lesser fine to resolve this ticket and set the case for trial.  In my opinion, this was a complete waste of my time. In an interesting side note, the County Commission is eliminating night court due to a shortfall in funding.  It seems to me that if they eliminated this "pre-trial" step, they would have enough funding to continue night court.

If you've never been to traffic court, let me briefly describe it to you. The Clerk of the Court schedules what amounts to a cattle call of traffic offenders. Each one is called up to argue his/her case.  Most of these are for speeding, running a red light and other moving violations. The police officer who issued the citation is subpoenaed to testify. Very few of these defendants are not guilty, but the judge often reduces the fine or allows them to go to traffic school.

I was very prepared to defend myself at trial.  I went back to the scene of the citation and took numerous pictures. I researched parking ordinances for the state of Florida and the town where the ticket was issued. I had questions ready for the officer who wrote the ticket.  The bailiff finally called my name. When I reached the podium to present my case, the judge announce that the officer did not show up for court, thereby - CASE DISMISSED!!! Needless to say, I was extremely frustrated at this point and expressed this to the judge. She asked if I would rather set this for a new trial. It was at this point that I accepted the dismissal.

The story didn't end there. I called the sheriff's department to speak to the deputy's supervisor about this situation. I wanted to know why they allow a sworn officer to write invalid citations, and then not have the courtesy to defend them in court. The supervisor did some research, and it seems as though the department was misinterpreting the parking ordinace.  Now, I have nothing but great respect for the job our officers and deputies do on a regular basis. But sometimes we all make human errors.

Fighting this ticket obviously cost me more than the fine. However, it was the right thing to do, and I would do it again. Did you ever forgo the easy thing to do the right thing. I'd like to hear about it.

Hurricane Fay is heading toward us today.  Hopefully all of us are prepared.  Family and home should always come first when preparing for these types of storms.  However, we must also make sure our listings are secure.  Absentee owners count on our expertise, especially in times like this. Remember, many areas of St. Pete will flood tomorrow, trees will fall and debris will be everywhere, even if it is not a direct hit. Check your listings as soon as possible after the storm passes, but please be careful.  This is all for now. I've got some work to to before we batten down the hatch.

Something happened to me at lunch today that I just need to share. I was sitting at the coffee counter with my fiancee at a local Italian market, eating a panini and enjoying my favorite iced coffee.  This is a very busy market, and the coffee counter overlooks the bakery.  The staff is always making fresh cakes, pies, cannolies and whatever else they put in the display cases for sale.  Usually this is very entertaining. The coffee counter is also a great place to meet new and interesting people.

Today was no different.  I was sitting next to a young lady who was having a conversation with a young man on the other side of her. They seemed to know each other. I couldn't help but overhear their conversation.  She was talking to him about selling her home and that she was going through a short sale process.  They also talked about thier jobs, going to clubs, the stock market and even the fact that she hadn't showered yet today (ewww).  I thought they were a couple and together.  But when he got up to leave, she casually said goodbye to him and stayed. 

I am wearing a company logo shirt today with my Olympic pin.  She noticed and struck up a conversation with me.  I had just finished my panini and was sharing a piece of red velvet cake with my fiancee when this young lady says to me my favorite words: "So, I see you're in real estate."  My standard response is: "Why, yes I am."  She asked if I had experience with short sales (which I do) and started to tell me about the situation with her house.  I asker her if it was listed, which she emphatically said no.  However, a local real estate company is helping her negotiate a short sale with her lender.  She told me that she had a sales contract with the real estate company.  I asked her if she meant a listing contract.  Again, she made it clear that the real estate company was the buyer for her house.  About 6 months ago, her home was listed by another Realtor, who told her the best she could hope for in today's market was $150,000.  Apparently, when that listing expired, she contacted this other company. They told her they could get the bank to accept a short sale. They did not list the property. Instead, they drew up a contract for $110,000. She owes approximately $230,000.

As I'm scratching my head, I asked her if she had a good attorney.  I suggested to her that she ask her attorney about the possibility of a conflict of interest having the Buyer for her property also negotiating the short sale with the lender.  She told me that her attorney did not like the situation, but she didn't care.  I suggested that she speak to her attorney about the possiblity of the lender deeming this as fraud in the future and what her exposure may be.

She then told me that she was sick of trying to do the right thing because her sister filed bankruptcy a couple of years ago and now owns a house with her new husband.  I asked if there was also a foreclosure to which she replied that her sister's husband has a bankruptcy AND floreclosure as well. Her sister is doing great and is happy.  She doesn't care if there is a conflict of interest, or how much the property sells for.  Right now, she is not making a mortgage payment and living rent free.

I am more than sympathetic to the struggles many people are having in today's economy. However, I believe that even if you are unable to afford your mortgage, you should still try to sell the home for the highest price possible to maximize the bottom line to the short sale lender. It is our duty under Florida law to sell a home for the highest price possible. What this real estate company is doing is unethical at best, and, in my opinion, FRAUD!!

I need a shower!!

As Short Sales continue to inundate the mortgage industry, lenders are increasingly demanding that Realtors reduce their commission, using the excuse that their policy only allows them to pay X. This is totally unacceptable!!  Our job is to market these properties and get them sold. In my opinion, we are doing the lenders a favor by disposing of these properties before they become a lender owned asset via the foreclosure process. It is our expertise that generates a ready, willing and able Buyer to purchase the property at today's fair market value. The lender verifies the value using BPO's and appraisals.

Why then do they seem to always want to reduce our fee for providing this service?  Did WE do something wrong?  The answer is NO!!  The negotiator knows that many Realtors will reduce their fee because they are hungry for a paycheck.  It is time for us to stand together and Just Say NO!! We put too much time and effort into these transactions to have our work devalued and insulted by a lender's demand to reduce our fee.  The negotiation is between the property owner and the lender.  Don't allow the lender to drag your compensation in.

By the way, our commission is compesation for marketing the property. Non short sale listings do not include the many (often frustrating) hours of processing and negotiating a short sale with a THIRD PARTY!!  At this time, we do not recieve additional compensation for this added service But I'll leave that for another blog submission in the near future.

As Short Sales continue to inundate the mortgage industry, lenders are increasingly demanding that Realtors reduce their commission, using the excuse that their policy only allows them to pay X. This is totally unacceptable!!  Our job is to market these properties and get them sold. In my opinion, we are doing the lenders a favor by disposing of these properties before they become a lender owned asset via the foreclosure process. It is our expertise that generates a ready, willing and able Buyer to purchase the property at today's fair market value. The lender verifies the value using BPO's and appraisals.

Why then do they seem to always want to reduce our fee for providing this service?  Did WE do something wrong?  The answer is NO!!  The negotiator knows that many Realtors will reduce their fee because they are hungry for a paycheck.  It is time for us to stand together and Just Say NO!! We put too much time and effort into these transactions to have our work devalued and insulted by a lender's demand to reduce our fee.  The negotiation is between the property owner and the lender.  Don't allow the lender to drag your compensation in.

By the way, our commission is compesation for marketing the property. Non short sale listings do not include the many (often frustrating) hours of processing and negotiating a short sale with a THIRD PARTY!!  At this time, we do not recieve additional compensation for this added service But I'll leave that for another blog submission in the near future.