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I picked up a new client this week, with an interesting set of circumstances.  I want to share it with the community, because there is a great lesson to learn here.  My borrower went into a local housing development, and really liked one of the finished homes that they were selling.  He went into the sales office to inquire about purchasing the home, and they referred him to their inside mortgage agent, for a loan approval.  They collected his financials and pulled his credit, and offered him an FHA loan with a 3.5% downpayment, or conventional loan with a 20% downpayment.  My borrower asked them if he could go conventional with less money down and they told him no, and that this was all that they could offer him, and that this was all he could do.  They then pressured him by telling him that he had to choose which loan program he wanted because they had others that were interested in buying the home.

He was immediately turned off by the pressure, and became uncomfortable with them.  He told them he would get back to them.  He then contacted my office wanting to get pre-approved for a home loan.  I then submitted the loan, and approved him for a conventional purchase with 5% down.  The guy had 800 credit scores.  I generated an approval letter for him to share with the sellers, and they would not accept that he had secured financing through another mortgage company.  They presented him with a letter and asked him to sign it, obligating him to pay $250 per day past the expected close of escrow date, because he chose to work with his own lender.  They then threatened to take away the seller concessions they offered him, if he went with me.

My borrower became furious.  As he stated to me, they did not present all of his financing options available to him, then they attempt to penalize him for working with someone he's comfortable with, and then threaten to remove the seller concessions when they were originally offered to him because he was not working with a buyers agent.  He almost walked away from this purchase. He also felt because he was of asian decent and his english was not perfect, that they were racially discriminating by originally telling him that he had to go with their mortgage people. Fortunately, I was able to speak to him and suggest they would agree to work with us, and sure enough they did.

The moral of this story is that no one needs to force anyone to do anything in this business.  While sales may be slow for some of us, the home sells itself.  Forcing potential clients to work with people they're not comfortable with hurts everyone.  The credibility of this developer is now in question and the borrower does not feel good about this transaction.  There may very well be violations of the Department of Real Estate codes, as well as racially predatory practices that took place.

My thoughts are, be a professional.  Do your job thoroughly, and respectively.  Do not assume because someone doesn't speak perfect english, that they're stupid.  If we all try to be considerate and respectful with each other, and those we work for, as well as to our clients, we can have very successful closings that bring future referrals our way.

Joe Almirantearena - California Home Loans

 
This post has been included in California Real Estate News
Post is included in group: Mortgage Professionals
Post is included in group: Mortgages

9 Comments on Show some respect and be professional

MAY
08
2009
109,204 Points

Good rules for all of us to remember. Don't try to do your job by stepping on others. Respect for everyone will go a long way and give you more in return.

7:37pm • #1
622,286 Points 21 Featured Posts Outside Blog

Some builders should be happy to get the business.  And not be worried about steering business in house or to a preferred lender.

8:04pm • #2

Such predatory practices are the hallmark of a highly competitive market, but pressure sales never got me anywhere in business where good ole' common courtesy could not get me further.

8:09pm • #3
255,492 Points 4 Featured Posts Called Shot Master

Hmmm. if something smells rotten in Denmark, it usually is.  I would go with another home and developer.  Shady sales office may translate into shabby construction job on the home.  Glad your client wasn't bullied around!

8:22pm • #4

Joe,

One question that comes to mind is, where was the selling agent? The builder often pays a cooperative fee for a selling agent, is there a selling agent involved? If not, then that is a good indication of why the buyer is in this position. The standard builder contract is all inclusive; if the buyer needed the option of obtaining outside financing it needed to be addressed in the contract.

All production (tract) builders require potential purchasers to qualify with their inhouse lender to avoid financing contingency cancellations after upgrades have been ordered; they are not required to use them. The builder offers thousands of dollars in incentives towards upgrades and/or closing costs for utilizing the inhouse lender - not without a cost... the inhouse lender is generally more expensive and may have fewer programs available.

A keen selling agent will do a cost analysis to see if the increased financing cost supports the proposed incentive vs. an increased purchase price for upgrades with the outside lender. It sounds as if the buyer negotiated a contract to purchase with incentives and wanted to change the terms of the contract (outside lending) and still keep the incentive.

Unfortuanatley the buyer entered into a binding contract and is expected to perform; if the buyer didn't understand the language of the contract the contract shouldn't have been executed. It's unfortunate however it could have been avoided by looking into all the options prior to signing a contract. Best of luck to your buyer and Kudos to you for looking out for his fiduciary!

8:29pm • #5
576,978 Points 3 Featured Posts

We have not had anything like that happen here. Our builders just want to sell there homes.

8:29pm • #6
790,951 Points 47 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

By the ethics and guidelines of our state, they violated banking laws for an attempt to steer so call in the Banking commission; they profiled, which brings racial discrimination into play I believe that's ERISA; they were trying to intimidate which is a violation of the RICO act, and I would be willing to bet that there were also some building code violations within the structures they put up. Not a bad piece of work on one deal.

9:37pm • #7
MAY
09
2009
291,720 Points 5 Featured Posts

Joe: Thanks for the post. I appreciate it! It's still galling to me how our industry is filled with greedy, unethical people. If everyone had the mindset of cooperation and giving, we would be so much farther ahead! Take care.

10:46am • #8
AUG
15
2009

Great information on your blog.  I love the way you think. I totally believe in your ethics and professionalism with all people. I see you are in finance. I am a private real estate investor looking to partner with an agent to assist me with making several short sale properties over the next few months. I will be making cash offers and do not require funding but if you know any agents that would like to work with an investor please let me know.

 

Crystal Gomez, M.A
Short Sale Specialist
Foreclosure Mitigation Specialist

Real Property Solutions
13636 Ventura Blvd Suite 324
Sherman Oaks CA 91423
www.go.managemyshortsale.com
shortsalecrystal@live.com
888-571-7854 fax

short sale crystal
1:44am • #11

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California Home Loans | Mortgages | Refinance | Joe Almirantearena

Fresno, CA

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Address: http://www.findmyloanonline.com, CA

Office Phone: (800) 785-4952

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