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SHORT SALE SCAMS EXPOSED - "THE $10 OPTION CONTRACT"

Hopefully that title got your attention!

If you are reading this, you fall into three categories:

You are with me - You are likely an agent who values fiduciary duties and ethics over money, or a consumer who does not tolerate rip off artists.

You are against me - You are likely an investor or agent who disagrees with me, who would likely value money over ethics and fiduciary responsibilities.

Or you have no clue what I'm talking about!

If this blog post is angering you already, I definitely know which category you fall into!  Those of you who know me, know that I'm not in the business to make friends with the world.  I do have great friends and people I'm close to in my life.  But, I am not always the most polite person on the face of the Earth, especially when I see injustice going on or the subject is something I feel passionate about.  I say it like it is.  I am going to state my case, and then I challenge ANY "short sale home buyers", investors, or Realtors(R) who disagree to a debate, right here, right now!!

For those that don't know what I'm talking about, the option contract seems to be the most common instrument that investors use to try to "buy" short sale homes.  There are other ways investors purchase short sale homes, I've heard them all.  Pretty much all of which I believe to be unlawful and unethical in some way, but the $10 option contract seems to be the most common scheme I run into.

 

Here is how it works:

In a nutshell - The investor puts signs up around town saying something like "we buy houses" or "stop foreclosure" or "John Buys Homes - CASH".   The investor also may start websites claiming to offer solutions to home owners in hardship.  Either way, the investor puts himself out there as a "cash home buyer" ready to buy your home TODAY!!.   Unsuspecting home owners who are upside down on their homes and in hardship call the investor looking for some kind of solution to avoid foreclosure.  The investor then asks the home owner to sign a $10 option contract, giving them the OPTION to purchase the home for an extended period of time.  Once the option is recorded, it is basically another lien on the property!  The investor considers this to be "ownership interest" to the property.  Once the home owner is out of the property or has signed their life away, the goal of the investor is to basically manipulate the situation in ANY way to get the home approved as a short sale by the home owners lenders as cheaply as possible.  Once approved, the investor tries to find a REAL buyer to flip the home to PRIOR to purchasing, then ONLY buys the home (using cash/hard money funding) if they can put the deal together and flip it to a REAL buyer by buying and selling at the same time.

 

Here is why the $10 option contract is not only unethical, but illegal: 

1.) These investors do NOT buy homes like they say they do!  They are really "transaction coordinators", not a "short sale home buyer", right??  I mean after all, they ONLY buy the house if they can find somebody to flip it to right away.  If they can't find a REAL buyer to buy it, the property goes into foreclosure, destroying the borrowers credit (could still be liable for money owed!).  The investor is out a whopping $10.  These people aren't even worthy of being called "investors", as investors take real capital risks.  Scam artist I feel is very appropriate.  I have talked to MANY sellers who were under the impression that the investor/con artist was the person actually buying their home!

2.) The law has determined that "token consideration" ($10) doesn't constitute a valid contract, period.  This means you can't legally say you own a home, and can't make decisions like an owner could when offering token consideration. 

3.) What if the lender asks that the short sale deficiency be repaid by the home owner??  This is a very common occurrence.  What if, the investor tries to manipulate the lender and steal a home for $150K, instead of the $180K it may fetch when sold immediately to a REAL buyer?  What if, because the home sells for less, the lender asks that the home owner repay $40,000, instead of say $20,000 or nothing if the home had sold for a higher price.  How could the risk of this possibilty be in ANY home owners best interests?  What about agents who agree to hide offers that come from legitimate buyers from the sellers lender, only to present to an investor who is not the REAL seller?  Also what about agents who misrepresent the value of the property?  I challenge ANY agent who claims to have ethics or values to tell me why they should be allowed to have a real estate license if they approve of this.

4.) There are title seasoning periods on FHA and VA loans.  For the layman, this means that even if a buyer wants to buy one of these short sale flip properties, they can't get financed typically with an FHA or VA loan.  Specifically created to keep consumers and lenders from being duped in these exact types of property flips, title seasoning periods keep the property from changing hands in a quick manor.  In some areas, these types of loans account for as high as 75% of all mortgage loans!  

Agents, our job is get a property exposed and make it available to as many potential buyers as possible, right?  How can DRAMATICALLY reducing the pool of potential buyers for a property, by as much as 75%, possibly be in the sellers best interests?  Reality is, its only in the scam artists best interests.  

I'll save some other reasons for anybody who cares to debate with me!!

    Because of my involvement in the short sale industry, I am constantly bombarded by these con artists trying to recruit me into their gangs of schemers.  It is people like this in my opinion who are the epitome of "American Greed", and are the reason half the world despises our country.   When approached by these people, the first thing they ALWAYS go after with me is, "You'll make 6% on the buying side, and 3% or 6% on the selling side".  They come at me very hard, and its always ALL about money with them.  Probably heard that statement 100 times.  They are an extremely aggressive and manipulative bunch.

 

I'm not for sale, sorry to disappoint.

Realtors, we must stand for something, or we will fall for anything!  Don't let one of these con artists talk you into selling your values.

Sellers!!  If you are in financial hardship and considering a short sale on your home, beware of short sale scams and mortgage fraud out there!  The $10 option contract is just one method these guys use to tie up properties, rob your lender, and play games with home owners credit and financial future.  There are MANY others! 

ONLY use an agent who will look out for YOUR best interests, NOT their own!  It makes sense to say that it is impossible for anybody to look out for your best interests, while trying to profit from your misfortune as much as possible!

If you are looking for a good short sale specialist in your area who is pre screened, very experienced, and must agree to the strictest ethical standards and practices, above industry standards, visit www.short-sale-specialists.com.

 

 

 Long blog post!  If you want to read some, comments 74-83 are some of my favorite arguments

___________________________________________________________________________________________

UPDATE - December 7th, 2009

Wow!  Lots of discussion and argument below about short sale scams!   As expected, my post really got under the skin of some of the folks using these methods to rob home owners and their lenders.  A big reason why this article was made extremely confrontational in content, was to pull some of these scam artists out into a public forum, and expose them for exactly what they are!!  I feel it worked excellent if you read through everything.

If you choose not to read the entire content, here are some other resources and blog articles for sellers to consider that support this one:

Emerging Fraud Trends - NEW from Freddie Mac !!
The New Flipping: Short Sales - Herald Tribune

Two Connecticut Realtors indicted on "Short Sale" Mortgage Fraud

Sellers Beware of Short Sale Scams
Mortgage Fraud 101 - Short Sale Fraud
The Ethical Dilemma with Short Sale Option Contracts
Short Sale Companies - Another Scam? You Bet!
New Short Sale Scam Taking Root

 

By the way, I just had a conference call last week with a Vice President and the head of the loss mitigation department and distressed property division from one of the largest banks/financial institutions in the country.  He stated that they also view these types of transactions as mortgage fraud.  They are also constantly taking measures, such as the arms length affidavits discussed below, to avoid these deals at all costs!!

Hopefully this statement, along with one made by the Assistant US States Attorney below is enough to help home owners Watch out for short sale scams and short sale mortgage fraud using the option contract.

 

Remember, only use an agent who will look out for YOUR best interests in the transaction, not their own!

Mike

 

__________________________________________________________________________________________________

***BEST COMMENTS TO READ (I'm not the best with words)

PS - I love the points Greg made in comments 74-76 that completely put Bradley Gaskins and the others in their place, and finishing them off in comment 83! 

Also Frank Hernandez The Short Sale Dude from Nasheville showing his true dishonest, manipulative, scam artist nature by getting caught red handed on here posting as "Amanda" and also "Tommy T"  (see comment #13 then #18 and 22) a few minutes after bragging about his ethics! - some great stuff!

__________________________________________________________________________________________________

 

Update 6/5/10 - ***Freddie Mac just put out an article about these EXACT types of short sale transactions.  They clearly state they see them as fraud as well!  Its so funny how these scam artists talk about being compliant with Fannie and Freddie Mac Guidelines, but they just put out an article declaring these exact types of transactions as fraudulent:

http://www.freddiemac.com/singlefamily/news/2010/0412_payoff_fraud.html

 

Underwater House
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       Mike Linkenauger

         Mike Linkenauger

 

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 First Coast Realty Associates

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This post has been included in Florida Real Estate News Duval County, FL Real Estate News Jacksonville, FL Real Estate News
Post is included in group: Short Sale Support Group
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Post is included in group: Short Sales and Forclosures ONLY
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100 Comments on The $10 Option Contract Short Sale Scam

OCT
18
2009

I'm with you on this.   Short sales are the "wild west" of real estate.  No rules, little oversight.  It's important to spread the word about these scams and the people that are trying to taking advantage of homeowners in distress.

9:23pm • #1

Thanks Mike. Fraud in our industry evolves faster than we can track it.

9:27pm • #2
Outside Blog

This is one of the oldest tricks in the book if I'm not mistaken!  Short Sales are definately the "wild west", but with 1/2 the country upside down, and streamlining of short sales in the makes, us agents need to take control of the industry and speak out against these investors!

9:34pm • #3
OCT
19
2009

How old are you?  Actually go read Fannie and Freddies seller guidelines and see what they say about flipping the legal way and the WRONG way.  Your just wrong on so many levels I don't know where to start and not worth my time to respond in an email.

It sounds as though you've spoken to some investors that really either don't know what they're doing or they are shady indeed.  Actually I'll probably give you a call later to discuss. 

I've helped 20 people this past 11 months doing it the ETHICAL way and every last one of them is so grateful that we were able to help them.  They have full release of debt with no deficiency judgements coming from the banks.  I've actualy paid credit cards liens of $2,600 to close on a property.  Do you actually think a realtor would EVER actually do that especially on a 100k property????????  I think not......especially when their commission is a whopping $3,000.  I've seen realtors not pay a $45 fee to get the deal done.  By the way I am a realtor here in Nashville.  I wish I had someone like me when I was going through what these distressed homeowners are going through.  My wife Heather had her home foreclosed on and I've been through BK so we really know where these people are coming from.  We've actually had homeowners say to us at the closing table (yes we do give them that right to NOT sign the papers up until closing) "I wish you would have gotten the property cheaper from that EVIL bank" "we tried to work something out with them for 9 months and they're EVIL".

There's so much more that I'll save for our conversation.

Frank in Nashville                                                                                                                      The Short Sale Dude                                                                                                                 615-587-6700

Frank
8:11am • #4

Do yourself a favor and make sure you know exactly what you're talking about before you spew your nonsense.  My clients have never received a promissory note or a deficiency judgement and we've only lost one property to foreclosure and that was b/c the bank wouldn't budge from the full amount owed on the mortgage.  I've offered up my ENTIRE commission to get a deal closed and I've got an existing deal where I was able to raise my offer by $4K in order to avoid my client signing a promissory note. And that $4K cut into my commission and I was happy to be able to do it.  So please don't sit there and tell me that I'm greedy and will step on anyone to make a dollar, it's simply untrue on every level. 

 

Amanda
9:00am • #5
Outside Blog

The problem is the sneakiness, hidden contracts, side deals, and things going on that the bank has no clue about.  You are exactly the reason I mentioned "agents" in there as well, because many of the people pulling the scams are agents.  Just because the home owner thinks the bank is "Evil", doesn't mean its OK for you to try to scam the house from them as cheaply as possible.  You may not be in a deficiency state like Florida or New Jersey, but paying back some money can be a reality in many states.  So I bought up a few very real ethics challenges above.  Nobody has gone against them.  And if you are doing ANY of the things above, AND you are an agent, I'm also saying you don't deserve to have a Real Estate License.

9:19am • #6

No sneakiness Mike here!!!!!!!!!!!!!!!!!!!  Everything is disclosed to the bank and everyone involved in the transaction including the homeowner, C buyers lenders etc........  Actually with one that we just closed with Saxon Mortgage we told them what we were doing and they were OK with it.  We actually gave Saxon more money so the homeowners would have NO DEFICIENCY balance to worry about in the future.  Tell me how that is wrong and SNEAKY.  I really want to hear your explanation!!!!!!!!!!!!!!They actually said that they understood that it takes a team to get these things done and NOT just one agent.  That was refreshing to hear from a bank. 

How many short sales have you closed Mike???????  I think it's important for us all here in this forum to hear your credentials.  If it's disclosed to ALL parties what is really going on.............how is that sneakiness, hidden and a side deal???????  Really I want you to actually explain that to all of out there.  Really Mike..............Fannie and Freddie say that there is a correct way of doing this that not only legal BUT ETHICAL.  Actually read what they have put out.........You'll be amazed at what you read Mike if you actually read from the source rather than just take some uninformed person's work for it.  Do your research Mike!!!!!!!!!

Frank (still waiting for your phone call) Hernandez                                                                          615-587-6700

Frank
9:45am • #7

 What is wrong with someone trying to warn the general public from getting ripped off?

Andrew
9:55am • #8

I'm always confused when people say that we are scamming the house from the bank. No one forces them to accept our offer. In case you didn't know they have all kinds of nifty little formulas that they use to determine whether or not they'll accept an offer. If the offer falls in line with what they require they accept it. How is that scamming?  

Please clarify, is your loyalty to the bank or the seller? I'm thinking the bank. 

Amanda
9:57am • #9

Andrew - no one that I know is ripping off the general public. Don't get me wrong, I'm sure it's being done in one form or another but I know that the public isn't being harmed on my real estate transactions. 

Frank - we've been there, done that with these guys. We'll just continue to let our success stories speak for themselves and we'll let them continue to throw fits b/c we're able to a) help people b) prevent the banks from owning real estate b/c that's not their job c) be mad b/c some of us are surviving in this tough real estate market. 

Amanda
10:00am • #10
Outside Blog

I have been involved in THOUSANDS of them, well over 100 closed this year alone in North Florida.  I believe I have the about the largest team around here doing them.  I'm not just one agent, there are eight on my team.  I am also the founder of the Short Sale Specialist Network, a nationwide network of ethical agents who offer REAL help to homeowners in hardship.  So I have plenty of experience with them all around the US, not just some little area of the country.  I also do teleseminars around the country training the agents in our network.  Agents who can't be bought. 

So, there's my credentials.

You only mention ONE transaction.  Whats your experience with them?

I will not call you regarding this, this will be settled on here out in the open.  Andrew, there is only something wrong with somebody warning the public from getting ripped off if you are the one doing it!  I was intentionally harsh in this article in an attempt to spark a reaction.

Frank, Who do you represent in a transaction as an agent?  Please, tell me how it is possible to have a fiduciary relationship with somebody you are trying to profit from them as much as possible. 

What about the BPO (Brokers Price Opinion/Appraisal) that is done by the bank in order to value the property?  Do you try to manipulate the agents doing them to value them as low as possible?  I could find a quiet a BPO agents who value the properties to say investors constantly argue the value to get it lower. 

You say there is never any sneakiness or side deals, what about the Arms Length Affidavit(see attached) that Wells Fargo and ASC (among others) ask that be signed.  Why would lenders ask this to be signed if its not an issue with MOST investors??

10:26am • #11
Outside Blog

By the way, we close over 90% of our short sales because we don't try to run scams and profit from them.  We likely prevent foreclose at a much higher rate than the investors.  

What if the amount the investor was trying to profit off a transaction was the difference between a deal getting approved or not getting approved by the lender??

Another point.

By the way, nobody has really argued my points made in the original post...

10:30am • #12

Very true Amanda!  I'm done trying to school ignorant people who are very green and obviously don't know what they are talking about.  Every attorney that I have spoken to about what I do has said "Not only is that legal what you are doing but also it's ETHICAL".  Not one of them, and there's been several, has said that what I was doing was illegal and Fraud........Not ONE.  One of the attorney's actually used to represent Dave Ramsey when he was in Real Estate here in Nashville.  He actually said that I reminded him of a young Dave Ramsey of which I was very flattered.  I'm actually meeting with the biggest Bankruptcy attorney firm here in Nashville in order to help his clients get through this mess.  That might just say something about what we're doing when attorney's are on board with what we're doing.

I still would challenge Mike to an actual debate on a public inner circle webinars to hash it out in a friendly way.  What do you say Mike?  If your that confident in your stance on this subject you should have NO PROBLEM defending what you say...........I know I don't.  I tell you what...........You bring a guest of whoever you want and so will I and we'll let the listeners decide.  What do you say Mike?  It will be like a CNN debate.  Hell........ we will even advertise it and so can you.  It will fun!!!!!!!!!

I say good luck to you Mike.  Do your research though.

Frank Hernandez 615-587-6700 (still awaiting your call Mike)

Amanda
10:40am • #13
Outside Blog

Attorney's aren't usually known for their values and ethics.

I used to debate it with investors DAILY, when they would call and try to get me on board with them.  Why not do it right here?

Not one of you guys has refuted ANY of my points above!! 

If you are REALLY right, and REALLY working honestly and ethically, please answer all of those above points for me.

10:46am • #14

Mike..........I say we do a public meeting on any webinar forum you like and let's debate it.  I don't have all day to write on you email blog to UP your rating and besides........ I'm not a fast typer.  It would take me forever.

I'm not a realtor in these transaction so I have no fiduciary duties to answer to.  By the way on the contract we do state that the buyer has their real estate license in the state of TN so that it's FULL DISCLOSURE.  I actually do deals with Wells Fargo and have a great relationship with a few loss mitigators and have discussed this stuff at length with.  Did you actually read the affidavit?  There is NOTHING HIDDEN!!!!!!!!!!  Your statements are softballs Mike.  Honestly Mike your in a league here that you can't play in and in way over your head with National experts that will make you look like a fool.  If you want to set up a debate on any webinar forum........let's do it!  I'll bring my people and you can bring yours.  What do you say MIKE?  Do you actually have the balls to do that MIKE?  I don't think you do.

Prove me wrong!

Just so everyone knows............Mike has posted us with his cell # on here and won't speak with me about this.

Frank in Nashville

11:13am • #16

1.) These investors do NOT buy homes like they say they do!  They are really "transaction coordinators", not a "short sale home buyer", right??  I mean after all, they ONLY buy the house if they can find somebody to flip it to right away.  If they can't find a REAL buyer to buy it, the property goes into foreclosure, destroying the borrowers credit (could still be liable for money owed!).  The investor is out a whopping $10.  I have talked to MANY sellers who were under the impression that the investor/con artist was the person actually buying their home!

All of our sellers underestand that the investor will not buy the property unless we find an end buyer.  It's disclosed mulitiple times.  With that said, all investors that I work with are more than willing to withdraw their option to purchase if they're unable to make the deal beneficial for them and the property will be sold, no matter what.  There have been several instances where we put money into the property to turn on utilites, clean it up, etc and the investor backed out of the deal, we sold the house, and took a loss on the money that was spent. Our ulitmate goal, no matter what, is to sell the house whether we profit or not.  Speaking from my experience your statement is incorrect b/c we'll never, not if we have any control over it, let the house go to foreclosure. 

2.) The law has determined that "token consideration" ($10) can't constitute a valid contract, period.  This means you can't legally say you own a home, and can't make decisions like an owner could when offering token consideration. 

I believe that a seller signing an option contract along with a listing agreement as well as all other disclosures, etc does constitute a valid contract. Our sellers are always involved in the decision making and kept up to date on everything that is going on. That is, when they want to be, as I'm sure you've experienced a lot of them couldn't care less anymore, but those that want to have a say so definitely do. 

3.) What if the lender asks that the short sale deficiency be repaid by the home owner??  This is a very common occurrence.  What if, the investor tries to manipulate the lender and steal a home for $150K, instead of the $180K it may fetch if sold in a legitimate transaction.  What if, because the home sells for less, the lender asks that the home owner repay $40,000, instead of say $20,000 or nothing if the home had sold for a higher price.  Who's best interest is that in?  I challenge ANY agent who claims to have and ethics or values to tell my why they should be allowed to have a real estate license if they approve of this.

This is what I spoke about earlier. I've never had anyone get a deficiency judgement or promissory note.  If you are doing these deals correctly that's what makes this way of doing short sales great, I can raise my investor's offer, often wiping out profits in order avoid a judgement/note. We've never 'stuck it to a seller' in order to make money.  There are definitely times where we've made a nice profit but there have been many more times where we didn't make much more than the average 3% commission, but we did what we said we were going to do & saved that seller from foreclosure even if it means I come out of pocket. 

Mike,

I hope I addressed your issues. I'm not trying to fight with you abou this, I just want you to understand that not everyone doing short sales this way isn't out to screw people over. More times than not these days my investor withdraws his option if that's what it takes. 

I have another deal where we have withdrawn the option and my negotiator, just last week, called the bank and told them that I'm willing to give up my entire commission (and I am) if they would accept the end buyer's offer. This is a deal where we have an offer, no investor involved anymore and the bank still won't work with the seller to help them out.  The bank is so greedy they're going to sell the note to a collection agency for $15K, their exact response 'you can get me $15K or the collection agency will pay me $15K, either way , I'm getting $15K.'  The problem for me, I can't fix that, it's a second mortgage and the first won't allow more than $3K and the seller doesn't have $12k cash to give.   I just had another bank tell me to hide 1% of my commission on the HUD so they could get more than what the first was allowing. Yes, they said those exact words out loud.  They told me not to disclose something.  These experiences make it very difficult for me to feel sorry for the banks on any level. 

I just feel that it's unfair to assume that everyone doing short sales with an option contract is unethical. 

Amanda
11:19am • #17
Outside Blog

Frank, I don't have time to speak with you.  Investors call me all the time to argue this stuff, and you will not tell me anything I haven't heard many times before. LETS DO IT HERE! 

Looks like you messed up Frank!! I noticed on one of your posts above, that it has the name "Amanda" as the person who wrote it, when it is clearly YOU!!  You start off the post with "Very true Amanda" at the top, yet the bottom the person who wrote the post is "Amanda"!!  The fact that you and Amanda are one in the same, just further proves my points above regarding ethics and values!

I appreciate you trying to really answer the questions on here.  Again, my article was really meant to confront some very important issues and ultimately get peoples attention and get a reaction from some investors. 

Regarding point 1.), I have worked with dozens of homeowners who tell me that they thought the investor was going to go ahead and buy the property right away.  Regardless of what  a homeowner signs, that doesn't mean they understand what they sign, or that what they sign is ethical or illegal.  I have seen the affidavit of understanding, and know what is typically signed.  Even if a homeowners agrees to get together with you try to rip off their lender, doesn't mean its ethical and honest to do so.

Regarding point 2.) We are talking about what constites a legal, binding contact here.  Token consideration does not.

Regarding Point 3.) again, asking that part of a deficiency be repaid is just a reality in some states and some sales.  Your "profit" off a deal COULD come out of a home owners pocket in one way or another.

While you may be doing things above board, and making sacrifices to make deals happen.  I do it all the time as well, most people do.  For the majority of investors, its ALL about "make as much money as possible", at all cost.  Yes, the lenders are whacked!  I had one six months ago where the negotiator said, no a $200K offer is to much, we'll have to start from scratch unless the buyer takes to offer down to the $195K we've already approved.  It doesn't make it OK to try to pull one over on them in a different deal.  You also didn't explain why lenders ask to sign an arms length affidavit.  Schemes are pretty widespread.  I'm not asking you to "feel sorry" for the banks, I am asking you to stop ripping them off, and start living up to the Realtor Code of Ethics.

The option contract simply ties the sellers hands, at pretty much no cost to the investor.  I had a seller call me last week, who signed an option with a local investor.  The seller wanted out, as the investor had not made anything happen for a year.  The investor said basically "You can't get out of the listing until the property forecloses, or sells".  This is illegal and against the code of ethics in many ways.

Again, how can you possibly say you have ANY fiduciary relationship with somebody as their agent, while your goal is to get the property as cheap as possible.  Not to mention you are also contributing the the deterioration of the housing market by lowering home values as well.

12:38pm • #18

Dude...........That actually was Amanda down in FL.............Not me you idiot!!!!!!!  I wouldn't have taken that much time to respond......she did a great job by the way!

Also.............I'm NOT a realtor in the transaction so there is no fiduciary duties that I owe the distressed homeowner or the BANK for that matter as they are just a lien holder to the property.

Seriously Mike............ripping off the banks?????????  Are you kidding me?!?!?!?!?!?!?!?!?!?  You really don't do a lot of business.  I actually know some of the biggest loss mitigation companies in the biz and I have NEVER heard them speak about ripping off the banks.

You must be one of those realtors that do BPO's that I've actually had them tell me that they will over evaluate a property because they want the property/listing when it forecloses.

I'm done with you nonsense and lack of research.  Go read the affidavit again.  When you actually understand everyone's part in the deal..........let me know and try that one again on me.

Frank (NOT Amanda)

 

Frank
12:57pm • #19
Outside Blog

Again Frank, read my credentials above.  100+ closed in North Florida this year alone.  Let alone helped thousands around the country THIS YEAR.

And yes, there is a post above written FROM YOU, that says "Amanda" at the bottom!! 

I do understand the deals, I understand the roles everyone plays in the transaction.  But just because you have found a way to rob a bank and get away with it, doesn't make it OK to rob a bank.

Frank, you lost my respect and attention with the whole Amanda alter ego thing above.  We definately don't see things from the same perspective.  Lets agree to strongly disagree.

With Bank of America about to switch to the REOTrans system to streamline the process even more to just a few weeks, the short sale industry is about to be turned upside down.

1:26pm • #20

Your credentials... That you wrote yourself lol

100+  deals this year lol  1000's of people you've helped lol THIS YEAR ALONE!!!!

I'm just a regular homeowner so I dont have much more to add.  I got a $160,000 house for $67,000 on a short sale this year from the bank,  Does that mean that I robbed the bank because they gave me a good deal.

Tommy T
4:53pm • #21
Outside Blog

Frank, you are digging yourself into a ditch even further here!  You know you can go to "view source" on your computer, and it assigns each IP address an ID on this site!!  Looks like you have multiple identities on here!  Frank/Tommy/Amanda, whatever you call yourself, you keep helping me prove my point about ethics and values even more!!! "comment    agent_900132298715752a7aa2006750854468aa6aed34" - That's your ID on here, regardless of what you call yourself!

Funny stuff. "LOL"

So there is no more question about stuff, below is a link with 13 approval letters within just over a month period earlier this year.  Around $1,000,000 in debt forgiven there.  Our volume is better lately.
http://root.z57.com/filemanager/uploads/3/9/39cd79dd-bdb3-9417-02688a2fd3fbb46e.pdf

Doesn't include my work with the Short Sale Specialist Network around the country, but it was not an exaggeration.

And to answer you, if you tried to pull any of the schemes I mention above and the bank didn't know about this, then yes, you did rob a bank.  If you were really a home buyer who purchased a short sale legitimately without any schemes, then no, you just got a great deal on a home.

5:27pm • #22
811,199 Points 91 Featured Posts Outside Blog Called Shot Master

Great post, andI see you are being bombarded just as I was for exposing any fraud in connection with short sales.  It is sort of like the exorcist going under seige after using holy water in an exorcism.

I do agree there are many forms of fraud and this is just another that you've exposed.  Listing agents are also asked to assign the listing over to these jerks.  I always ask for copies of all paper work so a lawyer can review the paperwork first.  At that request, the short sale specialists disappear.

6:28pm • #23
811,199 Points 91 Featured Posts Outside Blog Called Shot Master

By the way, this should be a featured post!

6:29pm • #24

I am curious - what exactly is the true and honest reason for your post here? 

"Again, my article was really meant to confront some very important issues and ultimately get peoples attention and get a reaction from some investors."

Your stereotypical views and self-righteous manner are very disturbing.  You make generalizations and accusations with what purpose?  To"get a reaction"? Or perhaps that you are confronting your competition in an effort to boost your own value to the real estate community?

I'm sure you do a bang up job for your clients and so do we.  Tears, hugs, letters of appreciation, I can't even begin to tell you how spotless our reputation is and YES WE ARE INVESTORS!!!!  We disclose, over and over again, we actually DO buy the properties and we keep our promises. It's not yours or my job to decide what's best for the banks believe me they pay hundreds of thousands of dollars for their advisors to tell them.

There are even some transactions that would NEVER be able to be put together WITHOUT two separate buy and sell settlements due to multiple liens and seller credit guidelines. How often are you able to get a 6% seller assist approved in one of your short sales? They get done but they are RARE. We SAVE transactions at our own expense.

You will never, ever, in your rant about "scammers, unethical, etc....." investors cause a flinch out of any of us that are out there ethically and morally buying and selling real estate for a (dare I say it....)  PROFIT.

Sounds to me like you need a vacation.

Teresa Pringle
8:28pm • #25
109,671 Points 2 Featured Posts Called Shot Master

Mike - I was an investor flipping short sales before being licensed. Your blog makes so many mistakes in regards to information.

Regardless of everything that has been said, just know the following:

1. There is a legal and ethical way of flipping a short sale in which it is a win-win outcome for ALL parties involved.

2. There is no difference between an investor who profits in a short sale than there is a real estate agent who earns a commission.

In my experience, investors are the most creative and educated individuals in ALL aspects of real estate. I personally do circles around most real estate agents because of my background as an investor. You can follow my blogs and see what I mean.

Good Luck

8:59pm • #26
OCT
20
2009
Outside Blog

Jim - Thanks for your support on here.  I'd love any other support from fellow agents on here who deal with this.  Agents who do understand how some investors operate, who stand up and say its not OK.  You're absolutely right with the whole "exorcist" analogy.  Only I'm not as polite as most priests!!

Satar - I will agree that investors are some of the most knowledgeable individuals when it comes to real estate.  More than the vast majority of Real Estate agents, more than even alot of Real Estate attorney's.  Bernie Madoff was also very savvy in alot of ways, doesn't make what he did OK.

Teresa - you asked my true and honest reason for posting this and I gave it to you.  I get pitched by these investors practically every day to start scheming with them.  I really don't have competition, and we have all the business we want.  I just don't like to be forced to pay taxes on the money these guys steal from banks, and I don't like explaining to homeowners how they've been duped.  I don't like injustice.  If you are out there ethically and morally doing short sales, my posts shouldn't get under your skin.

While yes, there may be an honest and ethical way of doing this, the vast majority of them involve alot of manipulation and deception in SOME form.  I'm not saying everyone is a crook, just the vast majority.  My goal with this was definitely to try to first get people on here, incite a debate, and then call them out.  Definitely a success so far.

7:49am • #27

Amen, brother!

 

I understand that what some of the Short-Flip Option-Contract artists do is legal because they disclose EVERYTHING very plainly as they proceed.  They may even disclose that they are not acting as the agent for the seller, but as a licensed real estate professional who is working to help the seller accomplish a particular goal (removal of the debts without foreclosure).

If they were agents they would be obligated to not just seek a particular limited goal but to seek the BEST outcome possible for the seller. In particular paying off $X more of the seller's debts is that much less damage to the seller's credit (where $X is the outright profit, not commission they clear on the flip).

Clouding the title by recording the option or related disclosed documents cannot be construed in any way that I understand as seeking the BEST outcome for the seller.  Simply telling the seller that you are going to prevent foreclosure and then succeeding at it does not accomplish full agency obligations.

I know, if you get the seller to sign all the disclosures and do not say you are their agent, just a real estate professional, what you are doing is legal.

I will not present any short flip, or option contract on any of my short sale listings.  And yes, I have succeeded at a great many of them (closing 4 in the next 30 days).

Mike, in my view you may have not been precise, but where there's smoke, there is fire.

Jim Gilbert
8:59am • #28

TWO QUOTES FROM MR MIKE

"I just don't like to be forced to pay taxes on the money these guys steal from banks"

"Around $1,000,000 in debt forgiven there.  Our volume is better lately."

Looks to me that you've negotiated $1,000,000 of legal obligations that homeowners had to these banks.  I think you owe our government a milllion dollars because our TAX MONEY is helping these banks out on debt the you got "Forgiven"  Are you the hero?  Who owes the banks? The homeowner who got the deal on the house? or you the knowledgeable realtor who got these legal debt obligations forgiven.

Brian Keller
9:13am • #29
Outside Blog

Brian, difference is that the bank knew everything with the transactions, that there were no "side deals" going on for any of them.  In other words, somebody wasn't profiting off the home owners misfortune. 

I was referring to the money the investor skimmed off the deal, usually behind the lenders back without their knowledge or approval.  THAT money I have to pay for with my tax dollars.  THAT money should have gone into the banks pocket.

Jim - I do pretty much agree with you.  But no agent should touch these deals and be associated with them on the MLS, or in ANY brokerage relationship.

11:19am • #30

So are you saying that if an Investor discloses it to the bank that they are buying a reselling for a profit and the bank is OK with that, then you are Ok with an investor making money the same way you make money

Brian Keller
11:25am • #31

and Why do you use terms like "Usually" as in "usually behind the lenders back"

Did you do some type of scientific survey in which you polled thousands of short sale investors all over the nation and over 50% of them said they never provided disclosure to the bank. 

Brian Keller
11:29am • #32

Who's better for this market provided all the short sale disclosures are provided to the bank and end buyer

A. YOU as the Realtor: List property wait 3 months for a qualified buyer to come draw up a contract on the property.  Then submit a short sale offer to the bank only for the bank to take 3 months to approve the short sale offer, in this scenario the buyer of the property gets a heck of a deal on the property maybe as much as 20% below market value, you walk away with your commission.   Total turn around time 6 Months on average

B. The investor- draws up an offer immediately in the form of an option contract discloses to the bank that he is buying and reselling for a profit.  The wheel on the short sale is turning immediately in the 3 months it takes for the bank or approve the short sale the investor has found a buyer to sell for at or below market value.  He discloses to this buyer he is making a profit but this buyer is more than happy because he will not have to wait around 3 months for the bank to possibly approve the sale.  The investor does a double close and walks with a 20% spread sells the house at exactly market value. total turn around time 3 months. 

Sure you can say it doesn't take you 3 months to find your buyer (let's be realistic) In scenario A the buyer gets the discounted amount 20% off from the bank.  In scenario B the Investor walks with a 20% spread.  while the realtor took 6 months the investor took 3

It doesn't take a rocket scientist to figure out if all disclosures are proper and the investor and lets everyone in the transaction know about what's going on that.  READ Jeff Watson's free EBOOK "Navigating the Short Sale Jungle" to learn about proper and legal disclosures

Professional Investor Tampa
11:57am • #35
Outside Blog

Tampa Investor - Average single family houses of ours is going under contract in one month.  Besides, the REAL buyers back out of deals sometimes, this happens in ALL short sale transactions.  Realistically, it happens more than half the time.  It really doesn't speed up the process much, if at all.

Also, B.) That is NOT the way many investors do things.  The end buyer doesn't know the majority of the time what exactly is going on.  Here is a perfect example from one of the "expert" schemers, openly admitting to it:

http://activerain.com/blogsview/909092/Short-Sale-Using-the-Option-Contract

Like it was said in someone else's post above, putting a cloud on the title only benefits the investor and "handcuffs" the home owners, period. 

Next

12:17pm • #36

That's what I thought good come back

Professional Investor Tampa
12:23pm • #37

That's funny that your changing your responses on the discussion board to make yourself look better, while your first one simply said

"Average single family houses of ours is going under contract in one month...  NEXT"

I'm sure a lot of investors sell homes in 30 days too but let's talk about the Average realtors turn around on selling a home in your county not one realtors turn around. 

You're good at scientific surveys go out and poll 1000 Realtors

Professional Investor Tampa
12:49pm • #38
Outside Blog

Professional Investor - This is really not relevant, as we are talking about ethics, dishonesty, and deceitfulness.   With buyers backing out left and right, and investors selling for "higher prices" as you said in your other post.  Common sense should say that the investor process would take longer, if he sells at a higher price.  Right??  That's only going by what you stated investors do in these cases.

Just for a recap - One investor/agent came on this board swearing how honest and ethical he was, and proceeded to get caught in sneakiness, dishonesty, and deceit, ON THIS BOARD.  Three things he swore he didn't do.  You also said that the investors dealings are disclosed to the buyers, yet I just posted a link to a perfect example of an investor NOT disclosing anything to the buyers (or lender for that matter...).  This is an investor claiming to teach other investors how to scheme.

I don't want to come off like I'm saying all short sale investors are con artists or anything, I just want to shed light on practices that are dishonest, deceitful, and unethical that are rampant in the industry.  I also DON'T know all that goes on it ALL short sale transactions and methods.  There are many more that are much more knowledgeable than myself about these topics.  I am just very passionate about ethics, and doing the right thing. 

My experience with short sale investors in general I feel is VAST, and "MOST" that I have come into contact with seem to be of the same mindset.  Make as much $$$ as possible, NO MATTER WHAT, with as little liability as possible.  Honesty, integrity, and ethics come second.  Enough for today.

1:17pm • #39

Hey Mike,

"difference is that bank knew everything that was going on, that there were no "side deals" going on for them."

Everything is disclosed to the seller and the end buyer. The contract that is given to the bank clearly states that the buyer is an investor and intends to purchase and re-sell the property for a profit.

As far as profiting off the homeowners misfortune...isn't that what you're doing collecting a commission on these short sales? What if these end buyers turn around and sell this property a few months down the road and make a profit on it? Are they scammers too? And where does that put you who made the short sale happen in the first place to get the house at a discount?

OH WAIT, I forgot.. you didn't mention that you sell to buyers who are looking to go upsidedown on their investment and put themselves in a short sale situation down the road too.

Hmmm.. I think these buyers of yours might be taking advantage of these homeowners misfortunes...I mean, they ARE looking for short sale for a reason, aren't they..?

Is there really a difference if the property is re-sold in 3 years, 3 months or 3 hours?

Oh, and we CAN sell to FHA buyers who are willing to wait 90 days after we close to purchase the property.

We do look out for the homeowners best interest, moreso than you I'll propose. We do everything we can to get their deficiency waived, more than any one realtor can and would do on his/her own. The homeowners best option for getting the property sold and their deficiency waived is through us. We have a lot more leverage when it comes to that....if we can't do---it can't be done. How are you helping the homeowner more? Have you ever discounted your commission (more than the bank already does) or not gotten one to get the deal done?

Get educated.

Gus
1:48pm • #40

According to my email, Mike... You are deleting some very good, educated posts and responses to this. HMMMM...... are we running out of answers?  We are, and there are many ethical investors out there...don't spoil it b/c of a few bad apples. There are scams in every industry, being done by many every day...including realtors. You're only going to get burnt in this debate about what we do and how we do it.

Gus
2:01pm • #41
668,758 Points 69 Featured Posts Outside Blog Attended Rain Camp

Lots of interesting dialogue here. While this is a pandemic, I'd have to say that it is much more prevalent in FL and GA than in CA. Thankfully CA now has no advance fees for loan modifications. So, the loan mod scammers are suddenly out of a job. I'm not too worried though, thereis always something else.

2:48pm • #42

I see another religious moral judgment here. Judge not least ye be judged. Your jealousy is reeking all over the page. You have to be a moron to think that the option contract is illegal. Attorneys do them, banks allow them and escrow companies close them. The transaction is totally transparent with disclosure to the seller, the buyer, the short sale lender and the mortgage lender,

Where did you go to school to even suggest an option contract is illegal. For $10 and other valuable consideration has been used on all types of contracts and deeds for ages.

I will complete the short sale even if I can't make a dime. My only fiduciary responsibility to to the seller.

Part of my disclosure that seller must sign is below.

I understand that the Buyer will attempt to negotiate a short sale with all my Lenders who have a lien (claim) on my property and that Buyer has not made me any promises, guarantees or representations about their ability to successfully complete this task.

I understand that my Lender(s), even after agreeing to a short sale, may require that the difference between the original balance and the negotiated balance be paid by me and hold me personally responsible to pay it back.

I understand that the short sale may result in my owing taxes. Since Buyer said he is not giving me any tax advice, I should see an accountant or tax preparer to discuss these taxes.

I understand that my Lender(s) may report this short sale to a credit bureau and this may negatively affect my credit score.

I understand fully and completely that, if Buyer is not able to negotiate discounted payoffs with the Lender(s), they may proceed with foreclosure. 

I have not been promised any money if this short sale goes through. Whether or not the property sells, I don't expect any money at all. There are no unresolved issues and no "side agreements."

I have entered into a sales agreement to sell the above property and that agreement states that I understand that it is a short sale transaction and that it won't go through if my Lender(s) doesn't agree to take less than what is owed and that I won't get any money after the property is sold.

The sales agreement also states that I am giving the Buyer the rights to immediately list for sale, market, negotiate and enter into a contract to sell the property immediately to a third party and that all documentation in connection to the sale will be made available at the request of all Lenders and Buyers involved in the transactions.

  I understand that Buyer may make a profit from the resale or immediate resale of this property and that his only motivation is to make a profit.

 I understand that the Buyer is not acting on my behalf as an attorney, accountant, counselor, adviser, consultant or non-profit agency.

 I made $83,000 last month and have five more signed option contracts in my short sale files. How does that make you feel?

Remember ... Birds of a feather flock together. Who do you want to flock with? Hopefully not with a fanatic moralist loser.

Charlie
4:46pm • #43

It is better to keep your mouth closed and be thought a fool than to open it and remove all doubt. Mark Twain 

Patrick
7:24pm • #44

'I don't want to come off like I'm saying all short sale investors are con artists or anything, I just want to shed light on practices that are dishonest, deceitful, and unethical that are rampant in the industry.' ~Mike

Funny thing Mike, I think that's exactly what you are are trying to say. There have been several people giving examples of how they do these deals ethically and you still have a problem with them. I think these investors could buy the homes that day for full value and give the homeowners a car with a big red bow and you'd still have a problem with it.  You aren't open to discussing this topic, you have your mind made up: investors and options are bad bad bad.   

I've run into several agents that dislike the option so they do it the your 'normal' way and they manage to get their clients enormous promissory notes, require they bring money to closing, etc., all all after it sat on the market for 200 days, but I suppose the fact that they didn't use the option makes them ethical. Complete Crap!  

 

Florida Realtor
8:08pm • #45
OCT
21
2009
Outside Blog

Gus, I deleted two duplicate posts on here, as somebody posted the exact same post three times.  I'm glad this is getting debated on here, and things are comming out.  I will read over them all and reply when I get some time in the next day or two.

10:06am • #46

  Hello, I am an agent in central florida and I have feeling I know who amanda is, and if it is the amanda that works with short sale riches she is full of it when she says she is worried about helping people!  Her concern is money$$$$$$  Those who choose to get involved with this type of business have to know deep down that it is wrong but they are so blinded by the money they do not care.  When it finally comes to an end I hope Amanda does not find herself behind bars or without a license. 

I know who Amanda is!!!
10:55am • #47

Congratulations, the title to your post on Active Rain did get my attention and I choose to graciously accept your invitation to respond to you in a civil debate on this forum.

In reading your nutshell summary, I became confused. In the hundreds of real estate investors that I have trained and coached to use the option contract method (of which I am a co-creator), we would never urge them to market for properties in the method that you described. It is an ineffective waste of time resulting in the investor having to screen out a bunch of unworthy prospects. Furthermore, that type of marketing may not be consistent with the regulations in 24 out of the 50 states that deal with buying and selling properties that are in distress.

The presentation made to the homeowner allows the homeowner to select one of four methods to deal with the fact that they are upside down and unable to make their house payments. If the homeowner is not in both of those categories i.e. economically upside down and in distress by being unable to make their payments, the investor cannot deal with them.

The investor then lays out their four choices. They can do nothing and be foreclosed upon; they can delay, fight, squat, file for bankruptcy and other delay tactics; they can list with a real estate agent seeking to find some sort of buyer that will endure the arduous short sale process and still want to buy the property; or they can contract with a committed short sale investor who is committed to handling the short sale negotiations and buying the property. These options are explained in writing and an acknowledgment to the same is obtained on an affidavit of understanding.

Your suggestion that once the option is recorded the investor then tries to get the homeowner out of the property is totally wrong. The homeowner should remain occupying the property until the investor closes on the transaction buying the home and taking title to the property. But wait, if the investor actually buys the property and goes on title then that upsets the rest of the argument laid out in your post. Please remember that during this time and prior to the investor meeting the homeowner who is in default, distress or foreclosure, the homeowner is already in default, distress or foreclosure and the property is heading to the inevitable foreclosure auction. The actions of the investor via the option contract do nothing to accelerate that process and indeed frequently delay or slow down that process. Therefore your implication that if the investor doesn’t buy the property and keep it, then they are the ones responsible for destroying the homeowner’s credit, is completely disingenuous.

You state a token consideration of $10 cannot constitute a valid contract. First, you fail to cite any sort of legal authority on that matter and secondly you are unaware of the facts and the law. In your particular state, the law is that it must be significant and substantial consideration. What is significant and substantial varies upon the particulars of the individual transaction. Tell me something. How much would you pay for the right to buy an over-leveraged property that is in foreclosure and heading to the auction block in the next 60-90 days?

In your third point, you ask what if the lender asks that the short sale deficiency be repaid by the homeowner. Did you forget that the homeowner has already signed a promissory note for the full loan amount, and the lender has the right to seek the repayment of it in full? That is why seeking some sort of a deficiency is very common. However, what frequently happens is that ethical investors (the ones that I coach and teach) are willing to increase the purchase price that they are paying for the property in order to negotiate the elimination of the deficiency in its entirety. How many buyers that you represent are willing to pay extra so that the seller in foreclosure has no deficiency?

The inflammatory statement that you make of “what if, the investor tries to manipulate the lender and steal the home for $150k, instead of $180k it may fetch if sold in a legitimate transaction” is a very egregious statement for a number of reasons. Investors do not manipulate lenders. Lenders obtain their own independent valuation of the property. “Stealing a home for $150k”; you mean buying anything on a discount is theft? I am sure you pay full retail whenever you buy anything, right?

Furthermore, I am sure that you believe that the only legitimate real estate transactions are those where buyers sell to sellers who are going to take possession and occupy the property, correct? What about landlords? What about rehabbers? What about flippers? Are all of these people illegitimate transaction engineers?

Jeff Watson
11:38am • #48

This questions is for Jeff Watson.  Does the mortgage company know that you are flipping the house right away?  Does the new buyer know what you are doing?  Is this type of thing really against regulations in florida?  If so then why are so many agents doing it?  Are you joining the owner on the deed?  If agents are so welling to help then why not sell it for the bank and a new owner at the first price and get paid a normal real estate commission instead?  People say that they fully disclose, is that true??  If you think it is so ethical then why argue about it?? 

Question for you!
12:19pm • #49
Outside Blog

Jeff, I appreciate you taking the time to write out a post and debate this on here.  Unfortunately I'm slammed and don't have the time to read them all, let alone write a response at the moment.  Give me a couple days. 

Any help from anybody is also appreciated!

9:00pm • #50
Outside Blog

Another question to answer is why the title insurance companies don't insure the title anymore on them:
http://activerain.com/blogsview/1106766/short-sale-flips-title-insurance-prohibited

9:11pm • #51
Outside Blog

Jeff, I didn't get to read 1/4th of your post yet, really looking forward to this when I get more time.  However, I went to google and typed in "token consideration", and thousands of case studies showed up supporting what I said.  $10 is not valuable consideration considering the Asset involved. 

You are an attorney, you should know this.

I'm not saying you can't get away with what you do, heck, O.J. got out of murder because there was enough money involved. 

9:55pm • #52
Outside Blog

Another great thing the read.  The Certified Distressed Property Expert (CDPE) institute, is a nationwide training designation to train agents on distressed properties.  The have trained tens of thousands of the top agents around the country on dealing with short sales and foreclosures, and of course, the many scams out there. 

Check out what they have to say about scam artists and short sale option contracts.  They also link to several great articles on this page from the Federal Bureau of Investigation (FBI), Federal Trade Commission (FTC), as well as the US Department of Justice regarding these EXACT same issues:

http://www.cdpe.com/fraud-policy.html

I think I'll let them do the debating for me for a couple days.

HOME OWNERS BEWARE! Use a short sale Realtor(R) who will look out for YOUR best interests, NOT their own!

10:25pm • #53
OCT
22
2009
109,671 Points 2 Featured Posts Called Shot Master

Mike - I am willing to debate you on any issue you have pertaining short sale flips as it seems like you are totally off here.

CDPE - The owner calls short sale flips "at best unethical". My personal take is that his stance is ignorant. There is no difference when an investor makes 15k on a short sale flip or an agent makes 15k in commissions on a short sale transaction.

References to OJ and Madoff - Not even relevant to this discussion. OJ was innocent based on a jury of his peers. Madoff was being illegal.

Short sale flip title insurance - You showed us the June release. See the latest release (September) stating that using option contracts is fine:

http://www.jswlaw.net/drop/September2009bulletin.pdf

$10 Valuable Consideration - When the property is upside down, $10 is valuable consideration. I had this discussion with a real estate attorney as we were trying to determine how low we can go with the option contract. What we were cautioned at was the sales price of any fixtures as the price would need to be at market value or the option contract could be challenged.

Investors not looking out for the seller - That's laughable. You think because we have licenses we are somehow better than investors? Here's a hint, we need the seller's cooperation on this transaction JUST LIKE WE DO AS AGENTS!

Look, admit defeat. These two points are true and you must accept them:

1. There is a legal and ethical way of flipping a short sale in which it is a win-win outcome for ALL parties involved.

2. There is no difference between an investor who profits in a short sale than there is a real estate agent who earns a commission.

4:08am • #54
301,285 Points 1 Featured Post

I put my comments in bold and parentheses.  Does ignorance and arrogance go hand in hand?

Hopefully that title got your attention!  (It doesn't raise my eyebrows.)

If you are reading this, you fall into three categories:  (How about a 4th category - lack of short sale INVESTING education.)

You are with me - You are an agent who values fiduciary duties and ethics over money, or a consumer who does not tolerate rip off artists.

You are against me - You are an investor or agent who disagrees with me, who would value money over ethics and fiduciary responsibilities. 

Or you have no clue what I'm talking about!  (Maybe you don't have a clue what you are talking about based on lack of INVESTING education.  Just making a notion here.)

If this blog post is angering you already, I definitely know which category you fall into!  Those of you who know me, know that I'm not in the business to make friends with the world.  (So you are shallow to your clients?  Why would I or anyone else want to work with you, being so shallow?  All about me mentality?  You sound like a Wall Streeter.)  Besides, "Friendship with the world is enmity with God".  I do have great friends and people I'm close to in my life.  But, I am not always the most polite person on the face of the Earth, I can tell!!  especially when I see injustice going on or the subject is something I feel passionate about.  I say it like it is.  I am going to state my case, and then I challenge ANY "short sale home buyers", investors, or Realtors(R) who disagree to a debate, right here, right now!!  (OK!!)

For those that don't know what I'm talking about, the option contract seems to be the most common instrument that investors use to try to "buy" short sale homes.  (Do you know why investors prefer to purchase homes this way?  Are you educated on why investors prefer to purchase homes this way?)  There are other ways investors purchase short sale homes, I've heard them all.  (So now you are the go to expert in the world?)  Pretty much all of which I believe to be unlawful and unethical in some way, but the $10 option contract seems to be the most common scheme I run into.  (In business the goal is to make a profit not a loss.  The more education you have, the higher probability of more profit.)

Here is how it works:

In a nutshell - The investor puts signs up around town saying something like "we buy houses" or "stop foreclosure" or "John Buys Homes - CASH".   The investor also may start several websites claiming to offer solutions to home owners in hardship.  Either way, the investor puts himself out there as a "cash home buyer" ready to buy your home TODAY!!.   Unsuspecting home owners who are upside down on their homes and in hardship call the investor looking for some kind of solution to avoid foreclosure.  The investor then asks the home owner to sign a $10 option contract, giving them the OPTION to purchase the home for an extended period of time.  Once the option is recorded, it is basically a lien on the property.  The investor considers (it is ownership interest and equitable interest not ownership because title has not transferred) this to be "ownership interest" and "equitable title" to the property.  Once the home owner is out of the property, (knowledgeable investors are considerate enough to keep the person in the home instead of kicking them out.  The bank is not accepting any payments and the home owner can save money by not paying while the investor negotiates).  the goal of the investor is to basically manipulate (it's called negotiating the situation in ANY way (investors provide options to the seller including the option NOT to work with the investor) to get the home approved as a short sale by the home owners lenders as cheaply as possible. (are you familiar with fractional reserve banking and why the lender should heavily consider a short sale?  Are you familiar with the massive risks banks take on when they take a property back?  They are not receiving any money from the seller, so they have a non-performing asset.  Banks are in business to make money not take back property.) Once approved, the investor tries to find a buyer to flip the home to PRIOR to purchasing, then ONLY buys the home (using cash/hard money funding) if they can put the deal together and flip it to a REAL buyer by buying and selling at the same time.  (Double escrow.  Investor closes on their end and sells immediately to another party.  Two complete, separate transactions.  The seller has no equity in the property to begin with, so what does it matter if the investor has equitable interest?  If the lender does not agree to the short sale, the investor doesn't close and make a profit.  Lenders do not allow sellers to receive any monies from a short sale anyway.  Where is your argument?)

Here is why the $10 option contract is not only unethical, but illegal:  ($10 is providing legal consideration into the transaction based on contract law.  Are you sure you are in real estate?) 

1.) These investors do NOT buy homes like they say they do!  (When an investor closes on the first end, they take ownership of title, so yes, investors are buying homes.) They are really "transaction coordinators", not a "short sale home buyer", right??  WRONG!!!!  I mean after all, they ONLY buy the house if they can find somebody to flip it to right away.  (Investors build buyers lists first and have them lined up.)   If they can't find a REAL buyer to buy it, the property goes into foreclosure, (If the lender does not approve the short sale, the property goes into foreclosure as well, destroying the borrowers credit.  You cannot start a short sale until the loan is 90 days delinquent.  Credit is already suffering and being destroyed.)  destroying the borrowers credit (could still be liable for money owed!). (Decision of the lender) The investor is out a whopping $10.  I have talked to MANY sellers who were under the impression that the investor/con artist was the person actually buying their home! (Knowledgeable investors will talk the seller through the process explaining how short sales work and the possible outcomes.  What's with the con artist talk?)

2.) The law has determined that "token consideration" ($10) can't constitute a valid contract, period.  This means you can't legally say you own a home, and can't make decisions like an owner could when offering token consideration. (In contract law, consideration refers to any bargained-for exchange.)

3.) What if the lender asks that the short sale deficiency be repaid by the home owner?? (Then this is between the lender and the seller no matter the outcome.  The seller is not entitled to any monies in a short sale.) This is a very common occurrence.  What if, the investor tries to manipulate the lender and steal a home for $150K, instead of the $180K it may fetch if sold in a legitimate transaction. (Again, you need to understand the reserve requirements of a bank and a banks fractional reserve operation.)  What if, because the home sells for less, the lender asks that the home owner repay $40,000, instead of say $20,000 or nothing if the home had sold for a higher price.  (Between lender and seller)  Who's best interest is that in? (Everything is always in the banks best interest, have you not figured that one out yet?)  I challenge ANY agent who claims to have and ethics or values to tell my why they should be allowed to have a real estate license if they approve of this.  (I'm not an agent, just an investor.  As an investor, I find myself educating a lot of agents on the investing side.  I don't know if it is time well worth it, or time wasted.)

I'll save some other reasons for anybody who cares to debate with me!!

    Because of my involvement in the short sale industry, I am constantly bombarded by these con artists trying to recruit me into their gangs of schemers. (There are con artists and there are educated investors.  Your attitude and lack of investing education  seems to attract the con artists.)  It is people like this in my opinion who are the epitome of "American Greed", and are the reason half the world despises our country.   When approached by these people, the first thing they ALWAYS go after with me is, "You'll make 6% on the buying side, and 3% or 6% on the selling side".  They come at me very hard, and its always ALL about money with them.  Probably heard that 100 statement times.  They are an extremely manipulative bunch.  (If you are in business, of course its about money.  Name me one business that wishes nothing but losses.  Do you work for free?  Would you operate your business for free?)

I'm not for sale, sorry to disappoint.  (Then you are for free!!)

Realtors, we must stand for something, or we will fall for anything!  Don't let one of these investors talk you into selling your values. (I know Realtors who have gone over to the investing side and made more money.)

Sellers!!  If you are in financial hardship and considering a short sale on your home, beware of short sale scams out here!  The $10 option contract is just one method these guys use to tie up properties, and play games with YOUR credit and financial future.  There are MANY others!   (The reason investors tie up properties and record title is because, if they don't 100 investors behind them can work with the seller.  Who ever records first has exclusive right to work with the seller because they recorded first.)

ONLY use an agent who will look out for YOUR best interests, NOT their own!  (How can you say this when you clearly stated earlier, I'm not in this to make friends.  This statement is so one-sided and you seem to be looking out for ONLY yourself.  Who is the greedy one now?)  Common sense should tell you that it is impossible for anybody to look out for your best interests, while trying to profit from your misfortune as much as possible!  (I'm trying to find common sense in this post you have written.  I feel you do not look out for your clients' best interest based on you not wanting to make friends and saying you are not always polite.  I think you strictly look only for profit.)

If you are looking for a good short sale specialist in your area who is pre screened, very experienced, and must agree to the strictest ethical standards and practices, visit www.short-sale-specialists.com(I don't see why anyone would, after reading this article and your inherent ideology of not wanting to make friends and stating you are not always polite would want to work with you anyway.  I think you shot yourself in the foot more than once.  I'm going to post this on my blog so people can read the difference between educated investors & con artists, considerate & un-polite professionals, and those who understand the difference between fact and fiction.) 

I have said my peace!  Have a great day!

12:53pm • #55
Outside Blog

Wow! Looks like I really opened up a can here!! 

CHARLIE

 it IS possible to make just that much $$$ doing short sales in an honest, ethical, and above board manor.  I do it, and "don't even mess with brokers or banks" to quote a young popular short sale guru.

Some people just can't be bought, and believe what you are doing to be unethical.  It always seems to be about money with people like you.  That's the first thing I hear when the investors call me up.  We'll pay you $X plus $X plus $X.  I'm tired of it.  I guess of my Internet presence, they don't leave me alone, and I get fed up with it.

I'm also tired of my tax dollars in the bailout going to pay for people skimming money from banks (typically by misrepresenting the value, as Tony said).  And no, the banks and the REAL buyers have no clue what is really going on much of the time, the sellers don't understand or don't what is going on, and MOST of the title insurance companies have refused to issue title insurance on them.  I'm not the only one who doesn't approve.  Attorney's are not exactly known for their ethics or values Charlie, so we will not even go there.

Do the homeowners understand that you are putting a cloud on their title, and what that REALLY means?  That there is no way out for them if they choose not to work with you.  That the bank has no choice but to work with you, or foreclose, whether they like it or not.

Charlie, You do NOT have a fiduciary responsibility to the seller.  You CAN'T.  It is impossible to when you are trying to steal their house a cheaply as possible.  Only Realtors and Attorneys acting withing their clients interests can have a fiduciary relationship anyway, period. <>

 

TONY

I read your post regarding a transaction of yours, and linked to it above as well.  Here is the link to it again:  http://activerain.com/blogsview/909092/Short-Sale-Using-the-Option-Contract

First off, it is clear to me you are very educated and knowledgeable in investment Real Estate and obviously experienced at what you do.  I've read alot, and from ready your blog I see you know the game good.  However, I'd like to point out that the reason I linked to your blog in an above post,  because your investor friends were on here talking about how everything is disclosed, and everyone knows whats going on in the transaction, so I linked to your article, which shows step by step  a transaction of yours complete with: sneakiness, dishonesty, manipulation, and deceit. 

Tony, I am very aware of the need for banks to accept short sales on properties to remain profitable, and cut their losses.  However, I do not believe your methodology is needed any longer in the industry.  I know, I know, you guys invented the short sale game.  But its really not complex or difficult for that matter (unless you are scamming/scheming), and with Bank of America switching to the REO trans system soon, your "share" in the industry is diminishing.  In other words, short sales are quickly becoming more of a "Realtor thing", than an "investor thing", at least in comparison to the past.  I'm not doubting you make bathtubs of money, or that Realtors switch over to try to make more money, I'm just trying to prove its immoral, unethical, deceitful, and just plain wrong in so many ways.  YOUR blog post has definitely helped.

The point of this entire article was to show that sneakyness, dishonesty, manipulation, and deciet are RAMPANT in the industry, that myself and many other agents don't stand for, and consumers should not tolerate it.  I also wanted to show that agents who list short sales with investors who use the option contract are acting totally unethical.

 

SATAR 

Please read the earlier posts or click the link above, to note the major differences between an investor using these methods, and a Realtor earning a commission on the sale of a property.  I took a pledge which I meant.  Maybe you are gullible, or don't see things through the same eyes I have, or have not seen enough investors in action.  But, any Realtor with ethics and values, who takes to heart their pledge to protect consumers, can't possibly approve of these practices. 

Agents who knowingly sell a property below market value, and hold back showing any REAL offers from REAL buyers to the REAL sellers lender, not only deserves to loose their license, but deserve to be locked up.  I think the agents that list them in this manner are even more criminals than the investors pulling the strings.

 

THE FACT THAT ALL OF YOU HAVE COME OUT OF THE WOODWORK, DEFINATELY SAYS THAT IF I AM WRONG, I CAN'T BE VERY FAR FROM THE TRUTH!!

I definitely do feel like the exorcist with holy water in hand, as a fellow agent said earlier!!

 

Back to my earlier statement:

you guys have found a way to rob a bank, and get away with it.  It doesn't make robbing a bank OK. 

Stop trying to recruit me into your schemes, I'm not for sale! (and yes Tony, I get paid a compensation from an INFORMED lender, but will not sell my ethics and values.)

I still owe Jeff a response, but haven't even gotten to read his post yet!  Enough for now, this may be it for awhile.  By the way guys, please quiet using multiple ID's on here.

If you choose to get into this discussion, please do me a favor and read the previous posts!  This is time consuming here.

10:53pm • #56
Outside Blog

One last thing, regarding token consideration:

Go to google and type in:

"What constitutes token consideration".  

The first thing that shows up gives a perfect example of how a contract for a house could be rescinded because of token consideration!!  I'm not saying you guys don't get away with it, but I am saying if a ticked off homeowner challenged it in court, you would have a fight.

11:11pm • #57
OCT
23
2009
109,671 Points 2 Featured Posts Called Shot Master

Mike -"Maybe you are gullible, or don't see things through the same eyes I have, or have not seen enough investors in action."

Look, I know where you are coming from. After all, I am a licensed real estate broker specializing in foreclosures and short sales. I've done foreclosure flips and short sale flips even before they became popular. I also devised a short sale system where I take out the investor from the formula. So trust me when I say I know a short sale can be done both as an investor and as an agent. In other words, I was the investor and now the agent.

Hopefully I answered your previous topics to your satisfaction. Let me address your new topics (or maybe they were old).

1. What constitutes token consideration - Again, I spoke with an attorney on this because I was putting options on short sales for a dollar. $10 was too much of a risk for me! ;)  Again, we had to make sure that when the buyers purchased the fixtures, the fixtures had to be sold at market value or the junior lien holders could question the validity of the option contract. But anyway, here is a contract lawyer who explains this:

http://tinyurl.com/yjk2og6

2. "Agents who knowingly sell a property below market value" - Banks perform BPOs and are aware of the value of the property.

3. "and hold back showing any REAL offers from REAL buyers to the REAL sellers lender, not only deserves to loose their license, but deserve to be locked up." - The purchase contract is between the seller and the buyer only! The seller chooses a purchase offer and that purchase offer gets submitted to the bank. It's not the bank's business if the seller was offered other purchase offers.

2:58am • #58
OCT
25
2009
Outside Blog

I don't even have time to read all of the comments right now, let alone answer.  I will ask a couple other experts to comment on the board this week as well.

As far as attorneys go, please read the FIRST comment on this board, made by an attorney who seems to have decent ethics, morals, and values, and agrees with this post.  Like Realtors, attorney's aren't usually known for outstanding ethics and integrity.

2:23pm • #59
OCT
28
2009

Mike, thank you for posting this.  The title did catch my attention.  There are numerous things you mentioned that I believe either to be wrong, inflammatory or globally indicting of an industry, professional or practice.  I have time only to address a few of your points here in the post.  I’ll get to the others as time permits.

Before I start, as a matter of full disclosure, I am a full-time investor, investing since 1998.  I am unlicensed.  I buy, sell and hold to rent short sales, and REOs. I also purchase, hold and sell notes.  I do most of my investing in California, and Arizona and so am bound by those state laws, along with local and federal laws.  I have also purchased in several other states across the country.  When doing a short sale, I do not use the Option Contract, not for the reasons you state, but for more pragmatic reasons.  Simply put, most people are generally not comfortable with what they are unfamiliar with.  Therefore, I use standard State approved realtor contracts as it expedites the process.

Okay, let’s begin.  First, I would agree with you that there are investors who are unscrupulous, immoral, unethical (in general, “bad people”) and use the Option Contract in ways that benefit them at the expense of all other stakeholders in a transaction. Unfortunately, these investors ruin it for all of us and are the main reason more and more restrictive laws are put into place.  Having said that, I would also stipulate that there are as many, if not more, realtors, mortgage brokers, banks, wall street firms, politicians, etc. that are also immoral, unethical and do things for their own benefit at the expense of others.  Mike, there are and always will be rotten apples in any group, and so short sale investors as a group do not hold the monopoly on this claim to fame.   Many of us are out there in the trenches providing a value-added service and doing it “right.”

The fact that these “so called” investors use an Option Contract to take unfair advantage of others is really incidental and secondary to the main point because before the Option Contract they were using Land Trusts, shell corporations, straw buyers, etc, etc..  These “investors,” will certainly find other vehicles to ply their illegal practices.  It is human nature and will never change.  You can take virtually any contract or vechicle and customize it to your needs at the expense of others.  My point is any vehicle can be used for nefarious means if the user of it so intends, and in so doing does not necessarily make that vehicle inherently “bad.”  For example, a baseball bat can be used to hit a home run.  It can also be used to murder someone.  Therefore, is the bat illegal, unethical or immoral, bad, etc., or is it the individual who used it and his/her intentions?

So, I take issue with your sweeping generalizations that Option Contracts are unethical and illegal and those who use them are not much better, or use them solely to gain competitive advantage.  This is simply not true.  You could say the same thing about any realtor-approved real estate contract. 

So, let’s look at some of your points. I will intersperse my comments right below your statements.

1.)    These investors do NOT buy homes like they say they do!  They are really "transaction coordinators", not a "short sale home buyer", right??  I mean after all, they ONLY buy the house if they can find somebody to flip it to right away. 

Having not done a scientific survey, I don’t know what every investor is telling borrowers.  However, if they say they will buy the house for cash and clearly and in writing explain how and in what manner this will happen, then they’ve disclosed their process in a fair manner.   If the investor does in fact buy the home for cash in an A to B transaction (after lining up an end buyer), then technically they are a short sale home buyer.  And, if at the outset the investor discloses to the seller that they will only buy the house if they can find an end buyer (and puts it in writing) and this method is acceptable to the seller, then it is a fair, legitimate and honest business transaction.   If the investor does line up an end buyer and the investor does buy the home for cash, then they are fulfilling their original statement.

2.)    If they can't find a REAL buyer to buy it, the property goes into foreclosure, destroying the borrowers credit (could still be liable for money owed!).  The investor is out a whopping $10. 

First, your use of the term “real buyer” is inflammatory, offensive and disrespectful.  A real buyer is an individual that pays for and takes title to a property, whether they are an investor or end buyer and regardless of who long they hold the property for.  Period!  A more appropriate and accurate term is “end buyer” or “owner occupant buyer” or “C” buyer.  To your point, however, you are correct.  If the short sale transaction does not proceed the home goes into foreclosure and the borrower’s credit is damaged.  But, you are leading the reader to believe that this is the fault of the investor.

Remember it is the borrower that got him/her self into this situation – not the investor.  As a side note, the seller got into this situation with the help of mortgage brokers, lenders and…here is some of your medicine back at you…the realtors that originally sold them the property a few years back), not the investor!  The investor did not create this situation.  Sure, some investors bought homes that are now in short sale, but the vast majority of distressed properties are with owner occupants.  I hope out of fairness and balance you will do another post sometime describing all unethical and immoral realtors that got these folks into homes they knew they couldn’t afford.  I saw this going on big time from 2000 through 2007.  And, nearly all the homes in foreclosure today were originally sold by a realtor.  I can’t tell you how many times I’d see a realtor closing a deal for their buyer; their buyer who worked at Walmart making $37,000, buying a $350,000 home with zero down.  These realtors knew that buyer shouldn’t be in the home, but they were seduced by the money like everyone else.

Back to my point.  The investor did not cause the borrower to be in their predicament.  And, in the event the investor is unable to line up an end buyer, or no end buyers make an offer on the property and the home goes to foreclosure then that is not the investor’s fault.  Remember, it is in the investor’s best and only interest to line up an end buyer, otherwise he’s wasted his time and money, the bank loses and the borrower loses.

3.)    I have talked to MANY sellers who were under the impression that the investor/con artist was the person actually buying their home!

Again, referring to investors as “con artists” is a sweeping generalization and as such is offensive, inflammatory and uncalled for, not to mention completely wrong.  Again, there are bad apples in any group, be it religious, political, business or otherwise. Mike, you may find this hard to believe, but some realtors also lie and so does that make all realtors con artists?  No.

Mike, I have also spoken with many sellers that were under the impression their loan was fixed for 30 years when in fact it was an ARM.  Does this make the lender and realtor that got them into that house/loan a “con artist?” My point is it is incumbent on the professional in the transaction (lender, realtor, investor, etc.) to ensure the borrower fully understands what they are getting into, but ultimately, it is the borrower that must take responsibility.  When you have a CPA do your taxes, it is ultimately you who is responsible for what you send to the IRS, not the CPA who prepared your taxes.  Again, I hope you will write another blog about all the lenders and realtors that got us to where we are today.  I can’t emphasize this point enough.  On a macro level, it is investors that are on the scene to clean up the mess (and in so doing make a profit) created by realtors, lenders and borrowers.

4.) The law has determined that "token consideration" ($10) doesn't constitute a valid contract, period.  This means you can't legally say you own a home, and can't make decisions like an owner could when offering token consideration. 

Mike, please cite to me which law(s) have determined that $10 doesn’t constitute valid consideration in a real estate Option contract?  Please cite to me the federal law, state civil code, or even recent case law that is considered precedent?  I’m not a legal scholar, but I would think that if there is existing law that states $10 does not count for valid consideration in an Option Contract then there would be no title or escrow companies, or attorneys, or banks, etc., that would handle or even go near Option Contracts unless the consideration was greater than $10.  They have attorneys on staff that would warn them of this infraction.  Don’t take my word for it.    Call Bob Mittleman or Marc Karyo at Old School Title.  They’ll set you straight.  

 

5.)    What if the lender asks that the short sale deficiency be repaid by the home owner?? 

What if they do?  So, what?  It is solely the borrower’s decision whether to accept a promissory note for any deficiency.  The lender’s decision on whether to ask for a promissory note is not based on who wrote them an offer to purchase the short sale, meaning if it is an investor or end buyer is irrelevant.  What drives their decision is the amount of the deficiency, the borrower’s ability to repay and whether there is mortgage insurance on the loan.  I know this from personal experience as I’ve purchased notes that have gone into default and have dealt with people attempting to do short sales on my notes.   

Your point is that if an investor is involved it artificially reduces the amount the bank receives by an amount equal to the investor’s profit.  Does this happen?  Possibly, if the investor’s profit is huge, such as $100k or more.  That would be the exception not the rule.  But remember, no one is forcing the lender to take the offer.  They know the net they want if the offer doesn’t give it to them, the decline the deal and foreclose.  Period.  It’s all about the numbers.

From my experience, most investors I know make a profit spread equal or slightly more than what the realtors earn on the transaction.  That is not enough to cause a lender to pursue a promissory note.  And, again, it is the borrower’s decision.  If they say no, then the investor, at risk of losing the deal, will offer the bank more.  If they don’t, they lose the deal.  Most investors would rather have something vs. nothing..

Mike, I’ll respond to your other points when time permits.  Also, please respond to Jeff Watson.  He is an attorney and noted expert on short sales who’s been at this for longer than you’ve been a real estate agent.   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8:51pm • #60

Oh man Mike.

You have proven yourself to be quite an uneducated fool who is really pretty arogant.

Jeff Watson is known as the Short Sale expert in the country who really put you in your place.  All you can seem to say while continueing to reply to other posts is havn't had time to read your post.  STill owe you an answer.

Mike, you are a real piece of work!

10:04pm • #61
OCT
29
2009
109,671 Points 2 Featured Posts Called Shot Master

I just read Jeff Watson's response. He is absolutely correct on all points.

I also agree that $10 is too much for consideration on an upside down property, that's why I used to offer only a $1!  ;)

 

 

12:10am • #62
NOV
04
2009
Outside Blog

I still have not had the time to even completely read all of the comments on there.  But will do my best to answer some things.

To Jeff Watson:

I owed a response to you -

Jeff is the attorney/"short sale expert"/trainer who posted above, who the others seem to feed off of. 

Jeff, you may have been active in the short sale industry at one time, but you made a statement leads me to question your current awareness or involvement!

1.) You said:  "Please remember that during this time and prior to the investor meeting the homeowner who is in default, distress or foreclosure, the homeowner is already in default, distress or foreclosure..."

We deal directly with 500+/- home owners around the country every month who are in financial hardship.  More than HALF are not even late on payments yet when they contact us, let alone in default or foreclosure.  Around 40% are not in foreclosure proceedings when they CLOSE the short sale, and some are not even late on the payments yet!! 

So yes, the statement I made "The $10 option contract is just one method these guys use to tie up properties, rob your lender, and play games with home owners credit and financial future." is NOT incorrect as you claim.

 

2.) You also said "Your suggestion that once the option is recorded the investor then tries to get the homeowner out of the property is totally wrong. The homeowner should remain occupying the property until the investor closes on the transaction buying the home and taking title to the property".

First off, I don't recall saying anything like that, but it is a fact that many investors do say that.  Here is an example from one of the larger "short sale buyers" in our area insisting that home owners vacate the property right away:
http://www.mrbuyer.com/shortsales.asp
Read halfway down where it says "can I stay in the house/property?".

 

3.) You said: "Investors do not manipulate lenders. Lenders obtain their own independent valuation of the property." - Investors don't manipulate lenders, are you kidding me????  If I took the time, I could literally pull hundreds of examples off the Internet.  The lenders sure think the investors are manipulative:
Wells Fargo Arms Length Affidavit
Chase Home Finance Arms Length Affidavit

Why else come up with these docs?  The reality is, because the scam artist put a cloud on the title to the property by recording the option, the lenders have NO CHOICE but to try to work with them. 

As far as the lenders doing their own evaluation, ALL of the training programs I have seen suggest the investor manipulate the agent who values the property (BPO) by pointing out the defects of the property, inflating repair estimates, or sending an attractive woman to meet the person appraising the property.  It is their JOB to manipulate the lender as much as they can...  It is foolish to say that they don't...

While you claim to be training investors one way, MOST "trainers" that I have come across do not train them the same way (assuming you DO train in the way you say).  I have evaluated several different methods and programs and find dishonesty, manipulation, and deception the more common practices.  Just look at what your friend Tony Toto the trainer who posted above suggests people do:
http://activerain.com/blogsview/909092/Short-Sale-Using-the-Option-Contract
Dishonesty, Deception, Manipulation.   Same as the others.

Same as "Frank" did on this board at the top.  Claiming "no sneakiness here!!!!!!!", when he was also posting as Amanda and others on this board!  Frank and Tony on THIS board Speak alot of the integrity and values shared with many of their co-conspirators.  Of course, he didn't like it when he got called out on his manipulation and deception, and ran out and grabbed his cronies.

I will give you the "token consideration" argument, as there are no similar case studies.  Really doesn't matter. From the get go I wasn't really arguing that you don't or can't get away with the manipulation, deception, dishonest, and in some cases, FRAUD, but was mainly arguing that these types of transactions typically contain most or ALL of these practices. 

The fact that my exposing the truth about your practices angered you enough to take my email address, phone number, and associates email addresses, and proceed to sign us up for a bunch of stuff and have random people call us about junk, also speaks alot about your ethics. (whoever did this)

There are many "loopholes" the con artists and scammers have found since the dawn of time, and unfortunately will continue to find.  They justify it by their $$$$, just like Bernie Madoff or ANY other similar person.

 

Realtors. (Frank, Satar, or others)

See on the Chase Affidavit.  Read on it where it says "all parties acknowledge the sale price is based on fair market value" of the property.  If you watch a property sell for $20K-$50K MORE an hour after it closes, it did NOT sell for fair market value.   This is Fraud.  Any questions?

Another Article: Two Connecticut Realtors indicted on "Short Sale" Mortgage Fraud

Not submitting legitimate offers to purchase the property to the lender so they can recover as much from the sale is also fraudulent.  I could go on and on about the agents, but the points have been made MANY times in this posting.  Its the Realtors who face the biggest liability in these types of transactions.  At least the investors are smart enough to get the home owner to sign a bunch of stuff to cover their butts.  Savvy investors are likely to agree, probably not in a public forum.

If any agents would like to know how to HONESTLY and ETHICALLY make just as much or more money as these people by doing short sales, please contact me.  I will be happy to share our methods with you in detail free of charge, unlike Tony or Jeff.

 

To all who disagree on here:

Like it was said above, they are likely blinded from seeing reality by profit potential and the almighty dollar.  For the love of money is the root of all evils.  You also may have the mentality that you don't care what you have to do to get what you want.  Unless you get a "new pair of glasses", no matter what I say, you will likely not see things the same way that I do.  Keep doing what you are doing, I'll keep exposing the reality of these deals, and the ethics (or lack thereof) of those putting them together.

 

Home Sellers

Here are some other resources and blog articles to consider that support this one:

Two Connecticut Realtors indicted on "Short Sale" Mortgage Fraud
Sellers Beware of Short Sale Scams
Mortgage Fraud 101 - Short Sale Fraud
The Ethical Dilemma with Short Sale Option Contracts
Short Sale Companies - Another Scam? You Bet!
New Short Sale Scam Taking Root

Beware of anyone claiming to "buy short sale homes", and work with an agent who will agree to look out for YOUR interests.

Find a Short Sale Expert in your area - www.short-sale-specialists.com

12:23pm • #63
NOV
05
2009
Outside Blog

And Matt, yes, you are right, I do use "sweeping generalizations" when referring to investors and con artists or scam artists.  I don't believe that ALL investors are like this, I have invested myself much, and have several investors I work hand in hand with. 

The simple point I was trying to make in this entire article, is that I believe ALL short sales using the option contract will have some type of dishonest, manipulative, deceptive, fraudulent, or unethical behavior.  Period.

Referring to the people who do this in type of behavior as con artists or scam artists is NOT wrong, as I truly believe ALL of them utilize these unethical practices in some way in EVERY transaction.

10:01am • #64

Bravo to you, Mike, for initiating this discussion about a subject that frequently involves mortgage fraud and violations of the Code of Ethics for Realtors.

I read many of the posts and I would like to share my comments. I have been practicing law for 35 years, and I am a Florida Bar Certified Real Estate Lawyer. I, too, am bothered by the frequent deception and lack of disclosure when parties other than the actual owner attempt to sell their property in a short sale. Many of these transactions may be unethical and many of them violate Florida law. Florida Statutes 817.545 ("Mortgage Fraud") states that a person commits the offense of mortgage fraud if, with the intention to defraud, the person knowingly makes any material misstatement, misrepresentation, or omission during the mortgage lending process with the intention that the misstatement, misrepresentation, or omission will be relied on by a mortgage lender, borrower, or any other person or entity involved in the mortgage lending process. This law defines mortgage lending process as the process through which a person seeks or obtains a residential mortgage loan, including but not limited to the solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing and funding of the loan. This law also states that a person who uses or facilitates the use of any material misstatement, misrepresentation, or omission during the mortgage lending process with the intention that the same be relied on by a mortgage lender, borrower, or any other person or entity involved in the mortgage lending process is mortgage fraud. Additionally, a person who receives any proceeds or any other funds in connection with the mortgage lending process that the person knew resulted from a violation of the above or causes to be filed with the clerk of the court a document involved in the mortgage lending process which contains material misstatement, misrepresentation, or omission commits mortgage fraud.

An equally important Florida law is Florida Statutes 501.1377, commonly known as the mortgage rescue law, became effective on October 1, 2008. In this law the Florida Legislature specifically made a finding that homeowners who are in default on their mortgages may be vulnerable to fraud, deception, and unfair dealings with foreclosure-rescue consultants or equity purchasers. An equity purchaser is defined as a person who acquires a legal equitable or beneficial ownership interest in any residential real property as a result of a foreclosure-rescue transaction. (The term does not apply to a person who acquires such title by a certificate of title, by order of court, from a spouse, parent, grandparent, grandchild, or sibling or a deed in lieu of foreclosure.) A foreclosure-rescue consultant is defined as a person who directly or indirectly makes a solicitation, representation, or offer to a homeowner to provide or perform in return for the payment of money or other valuable consideration, foreclosure-related rescue services. There are certain exemptions for charitable and non-profit agencies as determined by IRS Code 501c3, for financial institutions defined in Florida Statutes 655.005, for licensed mortgage brokers, and for attorneys who provide foreclosure rescue-related services as an ancillary matter to that attorney's representation of a homeowner as a client. In that law foreclosure rescue-related services means any good or service related to or promising assistance in connection with stopping, avoiding, or delaying foreclosure proceedings concerning residential property or curing or otherwise address a default. A foreclosure-rescue transaction means a transaction by which residential real property in foreclosure is conveyed to an equity purchaser and the homeowner maintains a legal or equitable interest in the residential real property and is designed or intended by the parties to stop, avoid, or delay foreclosure. The law defines residential real property as consisting of one-family to four-family dwelling units.

This law prohibits a foreclosure-rescue consultant from engaging or initiating a foreclosure-related rescue service without first signing a written agreement with the homeowner, and it prohibits soliciting, charging, receiving, or attempting to collect payment for foreclosure-related rescue services before completing all services. The written agreement for the services must be printed in at least 12-point upper case type and signed by both parties. The written agreement must include the name and address of the rescue service, the exact nature of the services to be provided, the total amount of charges, and the date of the agreement. The date of the agreement cannot be earlier than the date that the homeowner signed it. The rescue consultant must give the homeowner a copy of the agreement at least one business day before the homeowner signed it. After that, the homeowner has the right to cancel the agreement without any penalty within 3 business days after signing it. If the homeowner cancels it, any payments that have been received by the rescue consultant must be returned to the homeowner within 10 business days.

An equity purchaser is required to give the homeowner a written notice in at least 12-point upper case type which must contain the entire agreement between the parties and must include the name, business address, and phone number of the equity purchaser, the street address and full legal description of the property, a clear and conspicuous disclosure of any financial or legal obligations of the homeowner that will be assumed by the equity purchaser, the total consideration to be paid by the equity purchaser, and terms of payment for any services that the equity purchaser represents will be performed for the homeowner before or after the sale and the time and date when possession of the property is to be transferred to the equity purchaser. Additionally, in any foreclosure-rescue transaction in which the homeowners is provided the right to repurchase the residential real property, the homeowner has a 30-day right to cure any default of the terms of the contract with the equity purchaser, and this right to cure may be exercised on up to three separate occasions. The law also provides that in any foreclosure-rescue transaction, before or at the time of conveyance, the equity purchaser must fully assume or discharge any lien in foreclosure as well as any prior liens that will not be extinguished by the foreclosure, and if the homeowner has the right to repurchase the property, the equity purchaser must verify and be able to demonstrate that the homeowner has or will have a reasonable ability to make the required payments to exercise the option to repurchase. There is a presumption that the homeowner does have the ability to repurchase if the homeowner's monthly payments for primary housing expense and regular monthly principal and interest payments on other personal debut do not exceed 60% of the homeowner's monthly gross income. The law goes on to state that if the homeowner has the right to repurchase the property, the price may not be unconscionable, unfair, or commercially unreasonable. There is a rebuttal presumption that the price is unconscionable if it is great than 17% per annum more than the total amount paid by the equity purchaser when the equity purchaser purchased the property. If the repurchase agreement or memorandum of it is recorded in the public records, the presumption arising under this section of the law will not apply against creditors or subsequent purchasers for value without notice.

Realtors involved in short sale flipping should be particularly aware of the National Association of Realtors Code of Ethics. Article I of the Code provides that Realtors pledge themselves to protect and promote the interests of their client but that this obligation to the client does not relieve Realtors of their obligation to treat all parties honestly. Standard of Practice 1-3 states that Realtors, in attempting to secure a listing, shall not deliberately mislead the owner as to market value. Article II of the Code states that Realtors shall avoid exaggeration, misrepresentation, or concealment of pertinent facts relating to the property or the transaction. Standard of Practice 2-4 provides that Realtors shall not be parties to the naming of a false consideration in any document, unless it be the naming of an obviously nominal consideration (such as showing that a deed conveyance price is $10.00 and other valuable consideration). Article 9 provides that Realtors shall assure whenever possible that all agreements related to real estate transactions are to be in writing in clear and understandable language expressing the specific terms, conditions, obligations, and commitments of the parties. Article 12 requires that Realtors be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations.

On October 30, 2009 I attended a seminar presented by United States Attorney for the Middle District of Florida Brian Albritton, Assistant United States Attorney in Jacksonville Mac D. Heavener, III, and FBI agent Rick Dent, who serves as supervisor of mortgage fraud cases in the Jacksonville, Florida FBI office. The presenters announced Florida's new mortgage fraud surge, which is a joint effort by the U.S. Attorney's office in the Middle District of Florida, the FBI in Jacksonville and Tampa, and numerous other federal, state, and local enforcement agencies. The surge focuses intensive investigative and prosecutorial resources on the mortgage fraud crisis that is "epidemic" in Florida. It is designed to accelerate mortgage fraud cases in order to bring perpetrators to justice quickly and provide maximum deterrents. Mr. Albritton stated that essentially mortgage fraud is lying or failure to disclose where there is a duty to disclose. They gave numerous examples of mortgage fraud including one where someone promises to help an upside down owner takes title to an owner's property and then puts a tenant in possession and collects the rent but does not pay any of the rent funds to the former owner or to their lender. I specifically asked the panel whether it might be mortgage fraud for someone to buy a short sale property and fail to disclose to the payoff lender that they have another buyer in the wings at a higher price. Assistant U. S. Attorney Mac D. Heavener, III indicated that this may well be loan fraud. On November 5, 2009, Albritton announced that approximately 30 people were just indicted in Northeast Florida for mortgage fraud.

Mike, while there are some unethical attorneys, the majority of attorneys are ethical.

Jeff Marks, Attorney

Jeff Marks
12:31pm • #65
Outside Blog

Again, From an experienced attorney -

"I specifically asked the panel whether it might be mortgage fraud for someone to buy a short sale property and fail to disclose to the payoff lender that they have another buyer in the wings at a higher price. Assistant U. S. Attorney Mac D. Heavener, III indicated that this may well be loan fraud. On November 5, 2009, Albritton announced that approximately 30 people were just indicted in Northeast Florida for mortgage fraud."

Any Questions?

Again, here are some other resources for consumers to consider:

Two Connecticut Realtors indicted on "Short Sale" Mortgage Fraud
Sellers Beware of Short Sale Scams
Mortgage Fraud 101 - Short Sale Fraud
The Ethical Dilemma with Short Sale Option Contracts
Short Sale Companies - Another Scam? You Bet!
New Short Sale Scam Taking Root

1:33pm • #66
Outside Blog

Also Jeff, I definitely shouldn't have made the comment about attorneys, I know you are one of the very good ones out there. 

I'd also again like to point out the other attorney who posted "I'm with you on this" at the very top of this blog article (post #1).

There are MANY other attorneys who see so much fraud in these types of transactions.  The one defending the option contract on this blog has proved to be in the same "sweeping generalization" that I put the other investors into, only he proved to also either be 1.) be lying in his post, or 2.) be so out of touch with the short sale industry that he has no awareness of the current industry.

1:50pm • #67
NOV
09
2009

Jeff Marks,

You write an iteresting post.  Thank you for your consdieration to bring forth some good and relevent facts to the discussion.

I have some questions in regards to some of the things you say.

1. Most of the post seems to deal with foreclosure-related rescue services.  What part of me, as an investor, buying a proerty at a "liquidation" value have anything to do with foreclosure-related rescue services? Am I not just like anyone else buying the property? The property just happens to be upsdie down and probably in foreclosure.

2. Your discussion about realtor ethics is interesting.  When doing short sales I would expect a realtor to follow all of these items. What particularly do the items you listed become unethical in a short sale transaction? Let me elaborate.

Article I of the Code provides that Realtors pledge themselves to protect and promote the interests of their client but that this obligation to the client does not relieve Realtors of their obligation to treat all parties honestly. What part of a shortsale for a "liquidation value" to an investor does is in violation of this article? I have never said I was buying the property for FMV, only for what it is worth to me, as an investor; the "liquidation value".  That is not dishonest or unethical.  It is what Walmart does everyday, buy low, sell high. Disclosing private information, (information that is none of the banks business) that would harm the closing could be a violation of this article since it is very clearly NOT protecting the best intersts of the seller.  If the seller doesn't get the house sold then it goes to foreclosure. If the bank wanted to know if, when, and for what we, as an investor fully diisclosed to the lender, were selling the property for they could ask. (If this is so important to them why don't they?) I could lie to them, tell them it is none of their business, or answer the quesion. Lying to them would be fraud so I won't. Telling them it is none of their business is truthful and honest but could blow the deal.  It will be the banks choice. Telling them when and for how much is also truthful and honest but could blow the deal.  It again will be the banks choice.

Standard of Practice 1-3 states that Realtors, in attempting to secure a listing, shall not deliberately mislead the owner as to market value. I have never said I was buying the property for FMV, only for what it is worth to me, as an investor; the "liquidation value".  That is not dishonest or unethical. I expect the realtor to tell their client exactly that. We do. The key here is what is in the sellers best interest.  We provide a real and legit offer on a house, that when accepted by the seller,  can be taken to the bank for their consideration. This gets the process started. The bank knows, or should know, that as an investor we want to buy below market value. The value we have brought to the table is that we have been negotiating with the bank so that a retail buyer can now buy the house in a resonable amount of time.  Heck, sometimes we have to step out of the way so it can go A to C so that the seller can sell the house. What interest is it to us to block a sale and screw the seller?

Article II of the Code states that Realtors shall avoid exaggeration, misrepresentation, or concealment of pertinent facts relating to the property or the transaction. We would expect this. Again, I have never said I was buying the property for FMV, only for what it is worth to me, as an investor; the "liquidation value". Where is the exaggeration, misrepresentation, or concealment of pertinent facts? The seller should be aware of all of this, but again, there can only be ONE accepted offer on a property and only an ACCEPTED offer will be considered by the bank in our experience.

 Standard of Practice 2-4 provides that Realtors shall not be parties to the naming of a false consideration in any document, unless it be the naming of an obviously nominal consideration (such as showing that a deed conveyance price is $10.00 and other valuable consideration). This one is a mystery to me how this comes into play. Can you exand on this one?

Article 9 provides that Realtors shall assure whenever possible that all agreements related to real estate transactions are to be in writing in clear and understandable language expressing the specific terms, conditions, obligations, and commitments of the parties. Well I can tell you WE certainly aren't going into any deal without everything in writing, fully disclosed, and accepted by the seller and sent to the bank as part of the P&S agreement. Doing anything otherwise is only asking for trouble. The seller needs to decide if they need legal representation. We would encourage that they have it. It only makes the deal stronger.

Article 12 requires that Realtors be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations. We would expect this. Again, I have never said I was buying the property for FMV, only for what it is worth to me, as an investor; the "liquidation value". The realtor needs to express this to the seller. If they decide that an offer in hand is better than waiting and not getting one and then having the house go to foreclosure, then so be it. How does the realtor know which is better for the seller?. This could be very tricky.

3. Your mention of the statement by Albritton is a little twisting of the facts. Lets investigate further.

Mr. Albritton stated that essentially mortgage fraud is lying or failure to disclose where there is a duty to disclose. The seller has an acepted agreement. Only one at a time so there are no others, There is no duty to disclose something that cannot exist. I certainly hope the seller picked the highest AND BEST offer for them. This may NOT net the bank the most money but where does the duty of the seller come into play that they have to net the bank the most money. As Albritton stated, mortgage fraud is lying or failure to disclose where there is a duty to disclose, where is the duty?

They gave numerous examples of mortgage fraud including one where someone promises to help an upside down owner takes title to an owner's property and then puts a tenant in possession and collects the rent but does not pay any of the rent funds to the former owner or to their lender. I agree. This is fraud but it is not a short sale and certainly not something we would do.

I specifically asked the panel whether it might be mortgage fraud for someone to buy a short sale property and fail to disclose to the payoff lender that they have another buyer in the wings at a higher price. Assistant U. S. Attorney Mac D. Heavener, III indicated that this may well be loan fraud. Lets look at the statements here. Key words are MAY WELL BE. An opinion, not a fact. A lot of prosecutors are looking for ways to make names for themselves. Where they LOOK for fraud they SEE fraud which does not MAKE it fraud.  Lets see the cases where a court has RULED it as fraud and then we have a completely different argument. The intersting thing here is that since the second transaction is a private dealing, making it known to others COULD be a breach of fiduciary duty and tortuous interference in a contract.  Is this a catch 22?

4. It is true that while there are some unethical attorneys, the majority of attorneys are ethical.  This is also true of realtors and short sale investors.  Let us NOT make broad sweeping acusations WITHOUT the facts.

 

8:14pm • #68

Mike Linkenauger,

I have many questions.  This was an opinion, NOT a fact. It is obvious you want this to be fraud so you are trying to make it fraud.

I say that there is certainly fraud going on but it DOES NOT make most short sale investors scam artists and frauds. You should be more careful in your broad sweeping accusations. You lose credibility.

 

"There are MANY other attorneys who see so much fraud in these types of transactions. The one defending the option contract on this blog has proved to be in the same "sweeping generalization" that I put the other investors into, only he proved to also either 1.) be lying in his post, or 2.) be so out of touch with the short sale industry that he has no awareness of the current industry."

This statement is such bull sh*t that it almost isn't worth commenting on but it cannot be left standing without rebuttal. There are also MANY attorneys who see no fraud in these types of transactions. What makes you the expert that gets to decide? Jeff Watson has NOT proven himself to be in the same class, He is a forward and educated thinker who KNOWS what he is talking about and is leading the charge on cutting edge thinking to make sure that short sales are done correctly, legitimately, honestly, and ethically. You should really take some time to get to know him and listen to him before you make such remarks. He is THE inventor of the option method and his pioneered its use. Just because YOU want to see fraud does not make it so.

Mike, you are a dangerous individual with the half truths and misrepresentations that you make. i sure hope you don't get into with any of your clients because you lead them astray.

As I said in an earlier post you have proven yourself to again be an unducated fool who is arrogant.

8:38pm • #69
NOV
19
2009

Agents Have No Duty to Submit Short Sale Offers - Surprised?

In the course of my speaking to and networking with short sale practitioners in numerous markets across the nation I regularly encounter those who have a completely false impression with respect to who owes which duties to whom in the course of a short sale transaction. More specifically, many agents (both on the selling and buying sides of transactions) erroneously think that ALL short sale offers must be presented to lenders - nothing could be further from the truth!

While all real estate law is subject to individual State legislation and interpretation, and while several areas of law come into play in the course of a real estate transaction (e.g.: contract law, agency law, etc.) there are general principals and practices that can be said to apply. Generally speaking, the laws work like this:

  • The listing agent for a property owes their fiduciary duties (care, confidentiality, obedience, accountability, loyalty, and disclosure) to the principal/client, who is virtually always the OWNER of the property.
  • ALL offers must be presented to the OWNER of the property.
  • The OWNER decides which offer(s) to accept, reject, or counter, based solely on the OWNER'S personal criteria, which may, or may not be price (e.g.: A fast sale may be more important to the owner than a top dollar sale. Similarly, a cash, "as-is" offer may be perceived by the owner to be a better bet than a higher priced offer that has to go through financing and inspection approvals).

For some reason, I find that a very large number of practitioners treat Short Sale transactions as if they were already REO transactions. Such confusion leads to wrong decisions with respect to the presentation of offers, and complicates and prolongs an all too often already complicated and time consuming process. Given these general principals, and in order to answer the question of whether all offers must be presented to a short sale lender, let's explore the differences between Short Sale and REO/Bank Owned transactions

In an REO transaction the lender has already foreclosed on the property, which means that the LENDER is the OWNER of the property. If we apply the three general principals outlined above to an REO transaction we see that:

  • The listing agent for the property owes their fiduciary duties to the LENDER.
  • ALL offers must be presented to the LENDER.
  • The LENDER decides which offer(s) to accept, reject, or counter, based on the LENDER'S own criteria.

In a Short Sale transaction, while the lender may have initiated the foreclosure process, the BORROWER is still the OWNER of the property. If we apply the three general principals outlined above to a Short Sale transaction we see that:

  • The listing agent for the property owes their fiduciary duties to the BORROWER (not the lender).
  • ALL offers must be presented to the BORROWER (not the lender).
  • The BORROWER (not the lender) decides which offer(s) to accept, reject, or counter, based solely on the BORROWER'S personal criteria, which may, or may not be price (e.g.: In the case of a short sale situation, where interest, fees, and legal costs continue to accrue until the property is sold, a fast sale may be more important to the borrower than a top dollar sale. Similarly, a cash, "as-is" offer may be perceived by the borrower to be a better bet than a higher priced offer that has to go through financing and inspection approvals).

Clearly, in the case of a Short Sale, the agent works for the borrower and the borrower makes the decisions as to which offer(s) to accept, reject, or counter. Once a decision to accept an offer is made by the BORROWER, only then is the offer forwarded to the lender. The transaction proceeds as does any other with respect to subsequent offers that may come in - once an offer is accepted, the borrower is "under contract" (subject to third party approval by the lender) and they do not continue to entertain offers. Yes, they may accept an offer as a "back-up," but a back-up offer only comes into play when/if the initially accepted offer falls apart, and only then would it be forwarded to the lender.

The lender is merely a third party "approver" of the transaction - they are not "a party to" the transaction. This is an important distinction! The lender simply has the right to reject, or accept the offers that the borrower chooses to forward. You must remember that a short sale is a completely voluntary attempt by a borrower to avoid a foreclosure -- a borrower does not have to opt for a short sale. That being the case, if a borrower is under no obligation to even attempt a short sale, how in the world could it be said that a lender has a right to be presented an offer?

Now that you understand the borrower's obligation to present offers vis-à-vis the lender, let's shift gears and specifically focus on the short sale listing agent by first asking some questions about the general obligations of real estate agents to their clients, and then extrapolating the answers to short sale agents specifically.

Generally speaking, would it ever be tolerated for the agent of a client to act AGAINST the best interests of that client? Would it ever be tolerated for the agent of a client to act on behalf of a party who was acting expressly AGAINST the interests of their client? The answers of course are that, "Such acts would never be tolerated!"

That said, how could it be possible for the agent of a borrower to be compelled to work for the lender? Isn't the lender working for THEIR OWN best interests, and not those of the borrower?

Clearly, the lender is working for their own best interests, which are directly adverse to the borrower's interests (after all, the lender is either in the process of, or threatening to foreclose on the borrower's property, which is about as adverse a situation as there is). Given the nature of an agent's fiduciary duties to their clients, the agent for a borrower MUST do all that is legally within the scope of their representation to PROTECT the borrower from the lender and to advocate on behalf of the BORROWER'S position, not the position of the lender. There is nothing wrong with this - this is exactly what an agent is hired to do!

Now that it's been explained to you, doesn't it make sense?

Do you see how you have been mistaken if you thought that all short sale offers had to be presented to the lender? If you are a listing agent, do you see how presenting all short sale offers to the lenders could constitute a breech of your fiduciary duties to your clients? If you are a buyer's agent, do you see that you have absolutely no right whatsoever to DEMAND that your buyers' short sale offers be presented to lenders?

The bottom line is this: A borrower has no obligation to present all short sale offers to a lender, which means that a borrower's agent has no obligation to present all short sale offers to a lender, which means that a buyer's agent has no right to demand their short sale offer be presented to the lender. To transact under any other premise is to misunderstand the process completely.

John Michailidis
10:15pm • #70
NOV
22
2009

Mike,

 

It sounds like you really don't know what you are talking about and are just trying to make noise so people will hear that you are some big shot that closes tons of short sales. You are a douche bag. There is nothing illegal about option contracts especially if it is fully disclosed. Banks have a net price and homeowners don't care what the home sells for. The idiot at the bank that is making 12/hr could care less if they get a penny more than what there net price is. Do a little research before you start preaching.

Brad
7:21am • #71
NOV
24
2009

When reading through all the posts claiming that everything is disclosed to the lender and nobody is being scammed, I have to laugh out loud!

I do BPO's and I know my market very well. Everytime I do a BPO for a few specific agents in my area, I get transfered to "Bob" when I call and ask for the lockbox. Bob then tells me that he will send me a list of repairs the property needs, he will send me a BPO that was done by an agent from the listing office and he will tell me how high/low the offer is and that the distressed homeowners would really appreciate it if I could help them out - BY FAKING THE BPO SO IT SUPPORTS THE OFFER FROM THE INVESTOR, WHO WILL TURN AROUND AND SELL THE HOME TO THE ACTUAL END BUYER AFTER TAKING A NICE PROFIT.

The main plot of the phone conversation between me and Bob is that Bob is telling me just how desperate these home owners are. Wouldn't it be great if I could help out these home owners and sleep better at night knowing that I did the right thing? Bet you that none of the above is being disclosed to the bank. The bank looks at the faked BPO's and thinks that's as good as it's gonna get.

 

 

BPO agent
2:00am • #72
NOV
25
2009

THE ETHICAL DILEMMA... OK.. AGENTS.. LISTEN UP!!! YOU SHOULD HELP THE HOME OWNER IN DISTRESS BY LISTING AND SELLING AND NEGOTIATING ALL FOR FREE!! OTHERWISE.. BY CHARGING YOUR 6 OR 7 PERCENT COMMISSION YOU ARE CREATING A BIGGER DEFICIENCY FOR THE HOME OWNER.. AM I WRONG... THE FACT THAT YOU HAVE A LICENSE DOESN'T MEAN IT IS OK FOR YOU TO CREATE THAT DEFICIENCY. YOU ARE STILL MAKING MONEY OFF OF THIS POOR HOME OWNER AND THAT MAKES IT ETHICAL? WELL .. HOW ABOUT THE INVESTOR WORKING HIS ASS OFF TO MAKE THE SALE GO THROUGH DESERVES THE PAY JUST AS MUCH AS YOU DO AS AN AGENT. WHY CANT WE ALL WORK TOGETHER FOR THE SAME CAUSE AND STOP POINTING FINGERS. PLUS.. C'MON,, YOU AGENTS ARE OVERPAID FOR WHAT YOU OFFER AND DO.. YOU ARE NOT LAWYERS OR STUDIED FOR YEARS TO GET A LICENSE.. YOU DON'T DESERVE TO MAKE THE AMOUNT OF MONEY YOU MAKE BY LISTING A HOME AND WAITING FOR PEOPLE TO BUY IT.. I AM AN AGENT.. BUT I HAVE A COLLEGE DEGREE IN ECONOMICS.. SO IT DOES NOT MAKE ME PROUD TO SAY I AM A REALTOR.. I ONLY NEEDED A HIGH SCHOOL DIPLOMA FOR THAT.. SO.. I BECAME AN INVESTOR.. MAKES SENSE TO PUT MY SCHOOL AND LEARNED ABILITIES IN ECONOMICS TO WORK. I FEEL MUCH BETTER ABOUT MYSELF NOW..  DO YOU UNDERSTADN LITTLE AGENT THAT COULD? GOSH... GET EDUCATED.. GO TO SCHOOL.. LETS WORK TOGETHER.

agent
8:53pm • #73
DEC
02
2009

Thanks for the blog Mike. I've run into a few of these bottom feeders myself all of whom have very shady reputations around here.

It is always in the best interest of the seller to have FULL EXPOSURE to the market in hopes of getting the best price and mitigating losses to the owner and lender(s). Agreeing to let someone record an option to purchase for a whopping 10 bucks thereby clouding the title and discouraging competitive offers is indeed unethical behaviour. If these properties are listed, what is their status? Sale pending? Subject to option? In any case they are no longer active and available thereby eliminating competitive offers at least on my local MLS. If they aren't listed, the property is not getting market exposure, again unethical behaviour for a licensed realtor. The last time I checked agents are required to get the best deal possible for their clients. If I let a client sign one of these things I'd run the risk of being sued, not to mention the fact that my broker would hand me my license and show me the door.  

If you option scammers really want to help distressed homeowners, write a bona fide competitive offer to purchase, pay the holding costs, make the improvements and hope the market rewards you with a profit. It's called risk and it's the only way to create real wealth in a free economy. You want to record an exclusive option to purchase someone's home, at your convenience, and only if you think you can make money on the deal for less than you'd risk on dinner for 2 at McDonald's. And you think it's ethical?

Greg
4:11pm • #74

Greg,

Do you understand that when an offer is accepted by the seller the property is then "off" the market?

How does an option discourage competitive offers? You already had and acepted offer.

Do you understand that the BEST offer for the seller may NOT be the highest offer?

Do you realize that as a real estate agent the only fiduciary duty you have is to the seller?

Do you realize that as a real estate agent you have no, zero, nada, fiduciary duty to the bank?

Do you realize that a Lender will not entertain a short sale until there is a bona fide offer?

Do you realize that an option is a bona fide offer?

Do you realize that most home buyers can/will not wait the months it takes to get a short sale approved by the lender?

Do you realize that time is of the essence to the seller since the foreclosure clock is ticking and they need to sell?

Do you have any clue what the value and risk are that the investor bringing the option to table and what reward is earned by the investor?

Do you have any clue what I do as an investor yet you call me unethical?

I would suggest that you take the time to get educated on the subject and then maybe you will be able to blog intelligently on the subject!

 

6:11pm • #75
DEC
04
2009

Bradly,

1. Yes, a good faith offer with a real earnest money deposit and proof of funds takes the property off the market pending bank aproval. Your scheme provides neither.

2. An option contract is NOT an offer to purchase. It does not bind the optionee beyond the 10.00 deposit. It discourages bona fide offers because the title can only be cleared if the optionee agrees.

3. The best offer for the seller is a bona fide purchase contract. Again, options are not offers to purchase.

4&5. My duty is indeed to my client not the bank. The best outcome for my client is a purchase contract that the bank will accept without a deficiency judgement or promissary note. The purchase price matters.

6. You are correct, banks do not consider short sales without an offer to purchase. Once again  you fail to understand, or admit, that an option contract is not an offer to purchase.

7. No, it is not a bona fide offer to purchase. in the real world an offer to purchase must be signed by the principle, i.e. the buyer, must be acompanied by significant consideration, i.e. a substantial earnest money deposit, and proof that the buyer has or can obtain funds to close.

8&9. The idea that tying the property up in an option contract will somehow speed up the process is to absurd to dignify with an answer.

10. The option contracts I've read require a risk of 10.00. I fail to see any value.

11. I am a real estate agent and investor. I've purchased foreclosed and short sale properties, rehabbed and marketed them and made good money doing it. I've also represented sellers and buyers in short sale contracts. I've personally negotiated deals with most of the big banks. I'm very familiar with the process as it has evolved over the last few years.

You call yourself an investor but it's not clear what you're investing beyond your ten bucks. Realtors list and sell short sale properties every day. It's time consuming, frustrating work and not particularly financially rewarding. I have a real world education in short sales.

You don't know, or will not acknowledge, the difference between an option contract and a purchase contract. If you are representing to homeowners, as you have on this website, that they are the same thing, your behaviour is definitely unethical and fraudulent and probably illegal.

 

 

Greg
12:33pm • #76

while i applaud your passion, i disagree with the extent to which you broadly brush a strategy that can be beneficial for the seller, the banker and the end buyer.

everything you point out is based on deceptions perpetrated by dishonest individuals.  what about being totally transparent about intentions on all sides? in this case there would be no fraud to the seller, the bank or the end buyer.

banks are swamped by massive numbers of houses, that is obvious, so there is a role for the "reseller" as you call them. there is a legitimate business model that assists the seller to get from under a foreclosure, the banks to avoid adding foreclosures to an already overburdened system, to the investor who must fund the deal with the banks and make sure the end buyer can get funded to purchase a bargain and to the investor who should be paid for bringing together the deal. making the deal work  involves skill and finance capacities and add value to the transaction.

you don't object to the salesperson who provides a commodity at a price? all the middlemen, the inventor, manufacturer, etc., get paid or there would be no product to sell. in this case, you confuse honest investors with the wall street bandits who simply manipulate money without any value added.

the banks do not get manipulated, they have professionals at all levels to insure their interests. if the bank does the deal it is because that deal meets the requirements of the bank at that time. any short sale that we participate in the banks know that we are investors with the intent of immediate resale. the sellers know we intend to profit upon the resale of the property and the end buyers know that we have purchased the property from the bank at a discount which allows the end buyer to purchase a deal--getting a portion of the discount--they benefit by eliminating a problem property, and facilitate financing--a specific value when the regular financial markets are not lending or making it especially difficult to buy.

so you really need to tone down the strident affect of your diatribe and be more balanced in the way you portray this particular strategy. separate the crooks from the good guys, in other words. avoid damaging the ability of a seller to get things done.

 

 

<!--Session data-->

Alia C
1:13pm • #77

Greg,

Thanks for the response.

It probably would be a good idea if you completely understood the option before you criticize it. While I will grant you that it could do a lot of the things you said, a P&S agreement could be structured to provide no more risk then the statements you associated with the option agreement.

Let's face it.  The agreements are really no better than the parties to the agreemments themselves.  We pride ourselves on our reputations so we do the right thing. At least we believe it to be the right thing and would not be upset if someone treated us the same way.

You stated "The best outcome for my client is a purchase contract that the bank will accept without a deficiency judgement or promissary note. The purchase price matters." This is true in a perfect world. Short Sales are not the perfect world.  We always try to negotiate away the deficiency and/or promisory note.  If not then the seller can choose not to complete our deal.  If we have been marketing the property we step out and let the transaction happen A to C. One thing that you should be aware of is that a deficiency is not always a bad thing. It can actually work in the sellers favor in many cases. The important thing is that you have to have professionals who understand that and how to deal whith that.

Based upon your statement "The idea that tying the property up in an option contract will somehow speed up the process is to absurd to dignify with an answer." makes it abundandtly clear that you do not understand the SS process and how the option contract works and what value the investor brings to the table. We don't tie the property up with an option contract.  We have a valid offer that is submitted to the bank, no strawman offer, a valid offer, that allows the SS price to be negotiated with the bank.  This most certainly speeds up the process.  If I am working the dealproperly and it takes me 3 to 6 months to get the bank to agree to a price, and then the end buyer comes along who wouldn't have before, that is 3 to 6 months are no longer in the equation.

You have some good questions but unfortuanately you are not open minded enough to understand how the option contract works, what value it brings to the table for both the investor and the seller, and the role it plays in full disclosure.  I am probaly not smart enough to explain it to you and there certainly is not enough time to do so on this forum so I will quite trying.

It is unfortunate that we have all of these negative things being said about the option method when it is not the method that is faulty but the scammers who use it in a negative way.  It would be just as easy to scam someone with the offer type you want above if that was my true goal. The real point that everyone should take away from this is that it is the people who are at fault, not the method.

2:47pm • #78
DEC
06
2009

Listen.. Realtors like to talk.. too much.. about what they don't know. Investors: Please do not waste your time writing lenghty arguments.. No matter what you say, these folks won't listen. Let's just keep doing what we do as we always have.. people will think what they want anyways. Go make some money now

12:40am • #79
DEC
07
2009
780,886 Points 71 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

I just noticed your comment over at Topix on my article Short Sale Scammers. It is amazing what these creeps try to get away with and how they try to make it seem like the Realtors don't know what they are talking about. If you are a consumer reading this STEER CLEAR OF THE OPTION CONTRACT! In most cases the individuals involved are trying to make big money at  your expense. They play it off and say "it benefits everybody". How does it benefit the seller if they are asked by the lender to pay a larger note back? IT DOESN'T!!

6:57am • #80
Outside Blog

Bill and Greg, I'd like to thank you, as well as any other agents who have taken the time to stand up and say that we shouldn't tolerate this behavior.  Most agents choose to ignore these people and don't take the time or have the guts to try to rebuke them.  Many of these investors are very knowledgeable in real estate, more so in some areas than most agents.  I'm glad to see others who can see right through these deals!

 

Two other facts I'd like to mention, that haven't been touched yet, but further prove our points!  

1.)  There are title seasoning periods on FHA and VA loans.  For the layman, this means that even if a buyer wants to buy one of these short sale flip properties, they can't get financed typically with an FHA or VA loan.  Specifically created to keep consumers from being duped in these exact types of property flips, title seasoning periods keep the property from changing hands in a quick manor.  In some areas, these types of loans account for as high as 75% of all mortgage loans!  

Agents, our job is get a property exposed and make it available to as many potential buyers as possible, right?  How can DRAMATICALLY reducing the pool of potential buyers for a property possibly be in the sellers best interests?  Reality is, its only in the scam artists best interests.    

 

2.)  Check out the convincing content that all these sites have:

http://www.shortsaleclienthelp.com/
http://sellitonday9.com/agent-qualifications/
http://www.soshomeowners.com/u6.shtml
http://shortsalebuyers.org/realtor.html  

Did you catch that at the bottom of each site?  addressed to Realtors - "Upon resale agent agrees not to disclose to short sale lender what the property is being sold for at a later date.  We are the buyer and do not wish to have our purchase price disclosed.  The short sale is not a transaction of which you will be involved."  

This criminal act is something commonly called "concealment", and is a type of mortgage fraud.  These con artists demand that Realtors not tell the sellers lender what the REAL sales price is of the property (if it is purchased and a REAL buyer is found).  This is opposite of what the attorney and scammers above "say" that they do on this blog post.  Their actions consistently prove otherwise.  It only took me a few minutes to dig this up, and that is what they are ignorant enough to put in a public forum!  I can only Image what they say and do to a home owner who doesn't understand all of this.  It all sounds great until you read the fine print at the bottom!  I also find it amusing that they all take each others copyrighted website content!  Speaks even more about their values.

 

By the way, I just had a conference call last week with a Vice President and the head of the loss mitigation department and distressed property division from one of the largest financial institutions in the country.  He stated that they also view these types of transactions as mortgage fraud.  They are also constantly taking measures, such as the arms length affidavits mentioned above, to avoid these deals at all costs.

Despite the above statement, along with an Assistant U. S. Attorney above stating that he viewed these transactions as fraud, the people performing them will continue to demand they are in the right!  Its never easy to view yourself as a con artist, especially when they are blinded by greed of money.

Watch out for short sale scams!

Thanks to all who have participated in this!!

3:57pm • #81

Mike,

Would you like to work my short sales?  I can see where I will make a lot of money from you.

Your stated ...These con artists demand that Realtors not tell the sellers lender what the REAL sales price is of the property (if it is purchased and a REAL buyer is found)....

If you wish to work on my deals and apply this principal I will be happy to sue you into non-existance for interference in a completely seperate deal that is non of the previous banks business. You really need to get some competent leagl advice and learn the truth about these issues.

It is real estate agents like you who do your clients a real diservice by talking big and thinking you understand when you don't have a clue. You would be much better served by looking at the deals and advising your clients on real estate issues and not legal issues of which you are clearly not qualified to respond to. 

Evaluate the deal, not the contractual tool to get the deal done.

6:27pm • #82
DEC
08
2009

Just a couple points in response to recent comments.

The sites noted by Mike above seem to be hawking their short sale negotiating services to get agent participation. Competent agents don't need to deal with these outfits to negotiate with banks. I generally do my own negotiations but if I decide I don't want to spend the time there are plenty of local attorneys who'll handle it. The banks are used to reasonable attorney fees on the HUD1.

I have no problem with flipping properties for a profit or making money on real estate transactions, hell I'm a realtor for crissakes. But real investors, the people who risk their own money buying and rehabbing distressed properties, have been hurt by the Fannie, Freddie, FHA 90 day flipper rules that were promulgated specifically in response to option scammers. It's bad for the market and I blame the double closing schemers.

I've had option contracts submitted for some of my listings. I've read a lot of contracts and legal documents in my time and contrary to the ongoing assertions above, they are not offers to purchase with a "real buyer". They do in fact attempt to give the optionee an "equitable" interest in the property with no real consideration paid to the seller for the purpose of allowing the optionee to control any transaction that may follow. I will agree that the ones I've read do offer full disclosure of their intentions. The question is whether the distressed homeowner who may be involved in three or four real estate transactions in a lifetime really understands what they're signing or whether it's of any value to them. Most are probably too broke to get the advice of a good lawyer.

If I'm an agent who's found a seller and put up a listing on the MLS whats my motivation to get involved you guys? Your stated intention is to market the property on the MLS but The work is already done. I can't speak to practices in other markets but if I submitted a listing change wherein the listing contract is not signed by the owner or a trustee but by some outfit that holds a 10.00 option contract I'm pretty sure any reputable broker would tell me to get out of the office and get my own E&O insurance.

If you guys have ready buyers who are willing to pay a premium for these properties in exchange for your involvement then buy the damn thing and resell it. You don't need an option contract and you don't need to drag realtors into it. But you don't have buyers do you. You need licensed agents to market the property.  And you're not really investors are you. You don't want to risk more than ten bucks on the deal. What you really want is legal standing to insert yourself into the process, and profit from it, with no financial risk.

At best you people are redundant. Realtors find listings, put together short sale docs, negotiate with banks and close sales every day. Sellers don't need you, Realtors don't need you and banks don't need you. The short sale process does not require your involvement. You bring nothing of value to the table.

At worst you are creating more problems for upside down homeowners who already have enough troubles and you are doing great harm to a real estate market that's already worse than it's been in decades.

greg
2:26pm • #83
Outside Blog

I like your comments and views Greg!  Thanks for getting my back! Get in touch with me sometime, I'd love to talk to you about working together.  I also agree Greg, I work with many real investors, who put up real capital, in legitimate real estate transactions.  These are not them.

- Alia - also you said "the banks do not get manipulated, they have professionals at all levels to insure their interests."  Please note the links posted above that prove otherwise, along with the post from a BPO agent who the bank sends to value properties that shows otherwise as well.

- Bradley - I wouldn't work your short sales if I was starving on the street corner.  I don't need or want your business. Your ethics, values, and pratices are the exact reason we avoid schemers such as yourself like the plague.  Yet for some reason, people like you still contact us on a daily basis to convince to work with you.  Haven't you read any of my other posts?

I'm so glad that all have chosen to participate.  I knew if this was discussed in a public forum, and they came out and talked long enough, the truth would come out, and these people would be exposed for exactly what they are!

- Sellers - Avoid Short Sale Scams and choose a local Short Sale Realtor who will look out for YOUR best interests in the transaction, NOT their own! 

Short Sale Specialist Network - Official Member

3:49pm • #84
Outside Blog Attended Rain Camp

What is the TRUTH?

Investors buy with the intent to resell? Is that TRUTH?

Real Estate Agents List homes WAY more than value with the intent to beat the seller down on value. Is that TRUTH?

Are option agreements now illegal? Is that TRUTH?

I have read this entire blog here and there seems to be half TRUTH'S for people to obtain some type of agreement to promote their business.

So what is the TRUTH?

4:31pm • #85

Mike,

Your closed mindedness is amazing.  I have read all of the posts and all of your posts. You have said nothing but misrepresented the truth and made false alegations. You really should open your mind, get educated on the subject and come back and have a truthful and HONEST discussion. We could ALL learn from that discourse. I am constantly learning to make myself better and o make sure that I am doing the right thing. I am not pefect but do strive for perfection; a never ending jouney.

You are just like the liberal democrats who have no value to bring to the table so the play the race card, call people names, declare the debate over when there has been NO debate. You do the same thing.  You use the word "schemers" because you cannot offer objective statements and facts to support your position. But it does sound good to acll people schemers.  I shudder in my boots; NOT!

Based upon what you have said it is clear that you really really don't understand real estate law, contract law, nor do you understand an investors role in the SS process and how and why the option contract works.  You have your mind made up.  Great.  So be it, just don't spew falsehoods and lies that you know nothing about and lead others astray. You don't like the option method. Great, I can respect that but just because you don't like it does not make it a scheme, a bad practice, or unethical.

I would offer you this.  I'll do a deal my way and you do a deal your way. I GUARANTEE you that you will have legal problems and I will have none.  You have made some statements that just don't hold muster and you are heading for real trouble if you do what you profess above. Please, find out the leagl truth before you get into trouble. Your actions you suggest above really are unethical by the NAR code and a legal mine field with regard to disclosing confidential information to unrelated parties. 

Finally, you call me unethical and imply that I have poor values and practices.  You have NO IDEA what I do but yet you make these statements.  Just more mud slinging because you cannot bring any real arguments to the table to discuss and debate.  How about a call from my attorney to discuss your slander and defimantion of my character.  Would this help you understand how dangerourous you are being with the statements you are making? Of couse not because you know it all; you are a LICENSED REALTOR.

Are there unethical investors doing this? YES! Do you need to guard against them? YES! Are there unethical Realtors? YES! Are there unethical banls? YES! Just read some of the other posts on AR, especially the one regarding REOs and disclosures. Do you need to watch out for them? YES! Does the fact that there are unethical investors, realtors. and banks make them all unethical. HELL NO! Why do you want to lump all the investors together but ignor the banks and your own? Probably, again, because that which you do not know and understand scares you. When it scares you and you can't explain it you are only left with false acusations and name calling to hide your ignorance of the subject. This is very dangerous to your clients since they are NOT being properly advised.

Why do I bang my head against the wall on this subject? I don't know. I think I will now take the advice given in post #73 above.

8:58pm • #86
Outside Blog

The vast majority of agents don't list properties more than the value with the intent to beat a seller down (hopefully its not done that way at your brokerage Jonathan). 

TRUTH is, My ULTIMATE goal would probably be to get #1 on the search engine when somebody types in "Short Sale Scams", "Short Sale Mortgage Fraud", "Short Sale Option Contracts" or something similar, in order to bring awareness to these types of transactions.  The TRUTH is, I also intentionally posted links several times to other agents and writers articles who also see the TRUTH in these types of transactions, so they would also go up on the search engines!

The other intent behind this article is to show that ALL, yes ALL investors who flip short sales in this manor act unethically, and illegally, and there is NO ethical or honest way to do them with an option contract, period. 

I feel we've done a good job of showing this, I mean heck, we even proved a couple to be dishonest, decietful and manipulative right here on this board!!

Promoting our business is just something that happens naturally anytime somebody takes the time to write a blog article on activerain about their specific business, right?

9:25pm • #87
DEC
09
2009
Outside Blog

Brad - The truth has come out in this entire blog post.  Both sides have had their opportunity to present the facts, and LAW in regards to these types of transactions, and it should be pretty clear to consumers which type of transactions involve dishonest, unethical, and fraudulent practices.   I fully understand exactly how this process works, as do many others who have posted on this board, and it has been easy to show the dishonesty, and deceitfulness of people who use these methods.

Brad, I wasn't trying to prove that all real estate investors are dishonest, manipulative, con artists.  I work with many, and invest myself as well.  I am however trying to show consumers that ALL investors who use these practices are deceptive scammers that the public should avoid like the plague. 

This article has accomplished that.

The reason you are banging your head against the wall, is because there is a voice inside of you softly speaking the truth.  This voice is inside all of us.  This voice unfortunately can become muffled by such things as American greed and the pursuit of financial security at all costs.  This voice of truth may be softly telling you that these practices are unethical and unlawful in many ways.

I don't take you for a fool, I know you are likely very familiar with short sales and option contracts.  But I do believe there is no way you can do what you do without knowing what you are doing is illegal and unethical in many ways. 

Again, this article certainly proves this.

You have run out of words to defend yourself, because there is no defense.

12:03pm • #88

Mike,

I haven't run out of words, just patience for the ignorant. And you are right, there is a voice inside me speaking the tructh but it is not soft.  It is screaming to correct the ignorance among some of the posters on this blog. If it were a voice speaking to me softly that I was wrong I would have crawled in my hole like so many of the others on this post who made bold statements against the option contract but cannot answer the questions and responses they get back.

You are right that it should be pretty clear to consumers which type of transactions involve dishonest, unethical, and fraudulent practices. Unfortunately the antioption crowd has also managed to obfuscate this truth by using inflamatory words to intimidate and making statements that are not factual.

What you believe does not make a fact.  A fact makes a fact and this blog article doesn't prove anything except that those who are igorant of the truth will stoop to subterfuge and obfuscation to make their point WITHOUT every addressing any of the facts. I know what I do is legal and ethical, otherwise I would not be doing it, I would not be arguing for it, and I would not be signing my name.

Thousands and thousands of transactions have taken place using the option contract.  If anyone can show one, just one case where it has been shown to be illegal I will stand corrected.

Lets look at some facts however from a pretty authoritative source who would NOT be putting this information out if going to lead them to trouble and cost them money

From The Fund, Florida's leading title insurance underwriter and title information provider whose mission is to promote, preserve and facilitate the real estate practices of its members in their protection of the public. Underwriting Bulletin dated 9/4/2009.  "...it is no longer required that the 'true sales price/value' be disclosed to the original lender as long as the intermediary's 'right to sell' is disclosed in the purchase contract....make sure that the following requirements have been met; ...3. All disbursements must be made exactly as stated on the HUD-1 settlement statement, and only to the parties involved in this specific transaction. 4. Each half of the simultaneous closing must be kept separate and stand on its own. The sale from A to B must be fully funded and disbursed with money coming from and going to all appropriate parties. The sale from B to C must also stand on its own. The money from C's lender must not be used to fund any portion of the A to B transaction...."

This looks exactly like what we are doing in our transactions with the option.  We are putting it in our agreement AND recording it for all to see and know, including the existing lender, the title company, the title insurance underwriter, the buyer, and the end lender. Not hiding anything. People who commit fraud and do unethical things don't operate in the light like this. Surprisingly, the existing lenders are stipulating things in their approval letters that make title insurance unenforcable and unisurable unlike what the option does.

If the option was fraud and illegal do you really really believe that there wouldn't be bulletins out from companies in the business of providing title insurance and in the title business advising that this "scheme", as you called it, was fraudulent and illegal? YES! Show one, just one.

One thing to ALWAYS remember is the Third Commanment of Short Sales by Jeff Watson. Investors should never fail to disclose that they may quickly resell the subject property for a profit. Disclosure that is made early and often is vastly superior to the last minute day of closing disclosure. The "oh by the way" method is inconsistent and may be overlooked. Disclosures that are repeated at the time of closing have the credibility of the other earlier disclosures.

So again, I have not run out of words and have continued to provide objective facts, not opinions, on the subject. Where are your objective facts? In all of your blogs you have not yet provided one fact, just beliefs and opinions. I say it is you who have no words to defend your beliefs, but then again, beliefs are just that because they cannot be proven, only believed.

 

10:09pm • #89
109,671 Points 2 Featured Posts Called Shot Master

"I am however trying to show consumers that ALL investors who use these practices are deceptive scammers that the public should avoid like the plague. This article has accomplished that."

No you haven't done that. You just showed you make blanket ignorant statements.

At this point, you just have to agree to disagree. However, that doesn't make your stance correct.

10:54pm • #90
DEC
10
2009
Outside Blog Attended Rain Camp

"The vast majority of agents don't list properties more than the value with the intent to beat a seller down (hopefully its not done that way at your brokerage Jonathan)."

 

Nice jab their Mike. Now I really see the intent of this blog. It is to promote your name.

5:13am • #91
DEC
11
2009
Outside Blog

Jonathan, as expected you have made is clear which side you are on.  I know when I said "John buys houses" in the original post, it may have offended as it is your actual name!  This article is about exposing the TRUTH, and making it clear what type of people perform these deals.  Either you are part of the solution, or part of the problem.  I'm disgusted and angered when I constantly hear horrible stories about consumers falling victim to scam artists. 

And Satar, I do believe that any consumer who reads this entire post can see how fraud is rampant in these types of transactions, and most of the people trying to defend themselves on here who are preforming these transactions are exactly what they were initially accused of being, SCAM ARTISTS.

Bradley, regardless of what some title insurance underwriter says, it is illegal and unethical for a REALTOR to stand by and watch somebody scam a bank, or for anybody to scam the bank or the general public for that matter.

An agent who values the properties for the bank also confirmed on this board (comment #72) that yes, scam artists doing short sales like this are constantly manipulating them to deceive the bank of the REAL value of properties.  Not to mention NUMEROUS Realtor ethics violations are in EVERY short sale transaction done with these methods, and any educated agent can't deny this fact. 

WHY ARE MOST OF THE LENDERS DEMANDING THAT "ARMS LENGTH AFFIDAVITS" BE SIGNED?? EXPLAIN??

TO AVOID SHORT SALE MORTGAGE FRAUD FROM THE SHORT SALE OPTION CONTRACT!

These affidavits demand SPECIFICALLY that the property is not going to be resold immediately, and that the property is selling for market value in many cases.  This FACT alone proves that the major financial institutions believe the people doing this are scam artists, and shows that the major financial institutions are taking measures to avoid these transactions.  The same reason FHA and VA demanded title seasoning periods on properties.  To avoid scam artist flips.

These FACTS show that FHA, VA, The major banks and financial institutions, and a US states attorney (plus a couple other attorney's posting on here) believe that these types of transactions involve dishonesty, deception, manipulation, and FRAUD.

These facts should be pretty easy for any consumer to see on here.

WHY DO YOU HAVE TO BE RIGHT??

You know these are FACTS that I'm writing in THIS post.  Could it be that you, as well as the others just don't want to loose business over this blog exposing the TRUTH.  Is THAT the reason you are banging your head against a wall and continue to come back here?  Just let it go, and continue doing what you do.

We are sounding like a broken record here.  If you like, congratulate yourself on finding a way to manipulate and rob a bank and get even away with it.  It doesn't make robbing a bank (or the general public) OK to do. 

 

1:56pm • #92
Outside Blog

NEW "RULES" TO THIS BLOG!

I don't have time to defend everything!

Thanks again Greg and others for help defend the cons in my absence!

I'm not repeating the same things over and over again much longer, to a bunch of people who KNOW that they are scamming people! 

If you are on here to attempt to show the option contract is ethical or honest, you MUST answer this blog post.  

IF YOU FAIL TO ANSWER THEM, YOUR POST MAY BE DELETED  

Attached is a Chase Arms Length Affidavit.  This form on item one demands all parties acknowledge "the sales price is based on fair market value".  See - Click Here

Now, investors demand that:   "Upon resale agent agrees not to disclose to short sale lender what the property is being sold for at a later date.  We are the buyer and do not wish to have our purchase price disclosed.  The short sale is not a transaction of which you will be involved."    

EVERY one of these websites has this statement at the bottom

shortsaleclienthelp.com/
sellitonday9.com/agent-qualifications/
soshomeowners.com/u6.shtml
shortsalebuyers.org/realtor.html

This is concealment (against Article II of Realtor Code of Ethics), but Brad even threatened legal action if the TRUE sales price was disclosed to the sellers lender.

Now, as a Realtor, if I KNOW the investor manipulated the banks knowledge of the TRUE value of the property (see comment #72), and as an agent I KNOW it is NOT selling for market value.  If I signed this affidavit knowing it was selling 30 minutes later for a much higher price (TRUE fair market value),

How is this honest or ethical?  

How is this NOT mortgage fraud?  

And most importantly, why would a lender (like most of them) have this form with this statement to begin with if THEY don't see fraud in these types of transactions?  

If you want to participate in this discussion, first answer these questions.    

People who see the truth in these statements are free to post.

2:40pm • #93
Outside Blog

Another question you must answer below -

More FACTS (not opinions).  It is also a FACT that end buyers can't get financing in a short sale option contract flip transaction using FHA or VA loans due to title seasoning periods (invented to avoid scam artist flips).  These loans account for over 75% of the transactions in some areas. 

How is DRAMATICALLY reducing the pool of potential buyers for a property by as much as 75% is in ANY home owners / sellers best interests?

If you don't already see things in a similar light as myself and the others who shared on here who have decent ethics, values, and integrity, you can participate when you can answer these questions.

7:42pm • #94
DEC
12
2009
Outside Blog

Not happening Bradley or Jonathan.  If you would like to repost without a bunch of links to your sites, you are welcome to.

When will you guys give up?

11:19pm • #97
DEC
14
2009
405,337 Points 2 Featured Posts Outside Blog

IMHO i don't like the scam artists as well. And especially if a realtor(in this economy) is hard up enough to put their license in jeopardy. I've started working with this investor and he asked me this sort of question. My answer to him was/is you will close on a property then and only then you can sell it to a new buyer. Now if the seasoning laws apply then you may have to wait. Seller's have to do their due diligence nowadays. So there is responsibility on their part as well.

10:51am • #98
DEC
18
2009

Guess what: there are honest Realtors and dishonnest Realtors, there are honest Short-Sale flippers and dishonest Short-Sale flippers, shouldn't require any further debate.

Is it any surprise that a Realtor who specializes in listing short-sale properties would want to spread as much negative information about short-sale investors? Guess what, once the seller has signed the agreement with the investor, this "paragon of virtue" can no longer list there home!

Sellers are adults. If they want to get top dollar for their home, and their goal is to repay as much of the loan balance as possible, then they should list it on the MLS and cherrypick the highest net to the bank. If speed is their goal and they are not concerned with the net to the bank only release of the lien (because the bank waives the right to deficiency judgement, there in a non-recourse state, or planning on declaring bankruptcy, etc.) then an investor is a better option. And may I say that in my experience, a transaction with an investor seeking to flip the short sale and isn't going to close otherwise is just as likely to close as a transaction involving a retail buyer contingent upon FHA financing and the like. This blog makes it sound like seller's are ignorant sheep that can't form a rational thought for themselves. Have more respect for your customers!

Also, If you're reason for writing this blog is honestly that you are sick of your tax dollars going to pay for the bank's losses that the investors are exacerbating (I won't even go into how little sense that logic makes) then you should be spending your time writing to your congressman! I couldn't agree more, our tax dollars shouldn't be going to the bank regardless of who was "responsible" fo the loss.

As with all information on the internet, consider the source. Anyone closing 100 transactions a month shouldn't have time to write a page a day on a blog!

Florida Broker
5:28pm • #100
DEC
19
2009

Mike

You shouldn't use the word SCAM ARTIST. Lets look back at the years 2002 to 2007 I do believe that the REALTORS was the BIGGEST SCAM ARTIST on the planet they  got there FREINDLY APPRAISOR to get the highest prices for there listing REMEMBER if it wasn't for the realtors jacking up these prices the homeowner wouldn't be in the situation they are in now thanks to their FRIENDLY REALTOR.

 

Mike Jackson Optiion Investor

12:46am • #102
Outside Blog

Bradley, your post was deleted again because you have posted at least 12-16 times already in this blog.  My blog, my rules.  You have had the opportunity to answer and defend yourself and these same "facts" time and time again already in this blog.  I will not allow you to make extremely long, irrelevant, repetitive postings in an attempt to obscure and bury the truth that has been stated throughout this blog.  Posts #74-#76 also show your true character, as well as the others who use these methods to defraud consumers and our financial institutions.

I do lead a very happy life, and have lots of fun and smile all the time!!  I'd love to talk about my missions and serving work, my world travels, my kids and family, my six+ weeks off this year, and my hobbies and interests with those that I'm blessed to have as part of my life.  But that is not the purpose of this blog.

The purpose of this blog was to pull scam artists out into a public forum, and expose the truth of their actions.  This is a topic I am VERY passionate about (and also opinionated).   While few would argue the fact that there are obviously "good" and "bad" Realtors, it is my belief (and others on this board) that ALL, yes, ALL short sale option contract scam artists are exactly that and nothing more.  There is no such thing as a "good scam artist" or "bad scam artist", unless you are judging them on their experience. There is no way to truly do these transactions with these methods in an honest and ethical manor.   Please also read comments 74-76 as to why they really shouldn't even be referred to as "investors".  I despise the people who use these methods and believe they deserve to be locked up for life. 

They aren't "investors", they aren't "home buyers", and from their proven actions, "Scam artist" is a much more accurate term to describe them! 

I'm not an "angry" person, but I can be considered "confrontational".  This blog content likely confronted and angered some of those who do these types of deals, drew them into a public forum, and showed them to be exactly what they were originally accused of being! 

That reality certainly puts a smile on my face!!!

3:18pm • #104
DEC
22
2009
Outside Blog

Due to receiving threats from the people using these scams, as well as being spammed, signed up for junk, and prank called for revealing their practices, unfortunately I am disabling comments at this time.  Leave me alone.   It is ALL one person on here (and two cronies making threats), you have had the opportunity to answer the above questions in comments 93 and 94 when posted earlier in this blog in the original article as well as comment 11, comment 63, and comment 81.  EACH one of you has posted 5-15 times, and I don't have time to even read your intentionally drawn out spam comments which are an obvious attempt to bury the truths that have been stated throughout this blog.  I shouldn't have had to delete your rant that took up 1/4th the space of this blog 6-8 times over again.  Thats spam and obsession, don't you have anything better to do?

Do you HAVE to be right? 

My favorite comments have been from Greg in 74-76!  He's alot better at putting you people in their place in short terms than I am.

As he also commented in #83 in regards to the people using these practices:
"At best you people are redundant. Realtors find listings, put together short sale docs, negotiate with banks and close sales every day. Sellers don't need you, Realtors don't need you and banks don't need you. The short sale process does not require your involvement. You bring nothing of value to the table.

At worst you are creating more problems for upside down homeowners who already have enough troubles and you are doing great harm to a real estate market that's already worse than it's been in decades."

Keep scamming people and doing what people like you have found a way to do since the dawn of time, and will unfortunately continue to do.  I'll keep exposing these scams and the character (or lack thereof) of the people using them.

If ONE person reads this and decides to seek professional assistance, it would have all been worthwhile.

8:15pm • #113
JUN
06
2010
Outside Blog

Update 6/5/10 - ***Freddie Mac just put out an article about these EXACT types of short sale transactions.  They clearly state they see them as fraud as well!

http://www.freddiemac.com/singlefamily/news/2010/0412_payoff_fraud.html

Short Sale Specialist Network

To find a local short sale expert that is screened
against the strictest ethical standards,
visit www.Short-Sale-Specialists.com

1:27am • #116
NOV
01
2010
Outside Blog
Just wanted to throw a quick update on this blog post. The Short Sale Mortgage Scam using the option contract in order to flop the property to a REAL buyer has received more media attention in recent months. Lets see what these people come up with next!

About every month or two I get an email from this blog. Usually it is literally a direct complaint or comment about one of the scam artists who posted on this blog from somebody who has directly dealt with them, most of the time local area agents. Here is a concerning but VERY common complaint that a BPO agent is experiencing. Sounds similar to comment #72 on here by BPO agent. I will protect the agents anonymity.

"Mike, I emailed you a while ago about one of your posts about the above topic. I have been doing countless BPOs in the past two years and some of them were for short sales with options contracts. In these cases, all by the same listing agent, I was emailed BPOs by the listing agent along with mostly inflated repair lists and I was kindly asked to make the BPO come out in favor of the offer amount, which was then disclosed to me. Red flags going up everywhere! I have never considered any of the attempts to influence the final value of the BPO and have now been put on this listing agent's black list. I learned today that I'm not allowed to do their BPOs anymore and that they don't want me accessing those homes for BPOs because my BPOs "mess up everything". Go figure what they mean by that. For months now this listing agent has ignored hundreds of phone calls, messages and emails from me asking for a lockbox number, which cannot be obtained through their front desk, only through the listing agent. While I'm still accepting the BPO orders from the BPO company, I'm unable to perform and have to send them back. I realize that much of these transactions hinges on the BPOs done. They must come out in favor of the offer to the short sale lender so the investor buyer can re-sell for a profit to the end buyer later on. I understand you are busy but I would appreciate any information you might have that could help me put an end to this. I do a few short sales (regular ones) myself and have a small collection of email addresses for the big banks but I'm not sure if this is where I should start. I'm able to document most cases with deeds and emails sent to me. If you have done anything yourself to fight these practices, I would appreciate any pointers you can give me.

I understand you have received threats regarding your Active Rain posts about this topic and I fully understand if you do not wish to reply.

Kind regards,

2:19pm • #117
DEC
25
2010
Outside Blog


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12:20am • #118

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Jacksonville FL Short Sale Realtor Mike Linkenauger

Jacksonville, FL

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