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Realtor and Lender all in one??? A Veteran's Story of Ethics Hell

By
Mortgage and Lending with Cherry Creek Mortgage Illinois Residential Mortgage License LMB #0005759 Cherry Creek Mortgage NMLS #: 3001 NMLS ID# 158606

I'm an attorney and a lender.  Yes...I'm both, but I don't double dip.  Not that I'm some moral compass that people need to measure themselves against, but I make it a point to not double dip. 

A few years ago, I was contacted by a lender who I used to work with at our prior company.  I really liked this guy a ton.  He's nice, humble and diligent in his work. 

FLASH FORWARD TO TWO YEARS AGO

In 2008, this guy comes to me and says that he wants to work with me.  I have always enjoyed this guy and would love to work with him.  He wants to work with me at Cherry Creek Mortgage as a loan originator.  But there's one major problem  First of all...he's a full time realtor.  On top of that he's a full time C.P.A., oh, and yes, he's a licensed loan officer.    He calls himself a "full service shop."  Me???? 

I call it

 CONFLICT OF INTEREST! 

I end up saying no!  Can't do it.  Our company won't hire folks with outside interests (I know what you're saying...he's an attorney-that's true, but I'm full time at Cherry Creek Mortgage, and do about 3 hours a month, just to keep my license active in case I feel the need to go back to law).

FLASH FORWARD TO NOW!!!!

Here's the scenario...follow closely and pay attention as it's important.  Two buyers.  Buyer A is buying double dipping can mean more than double troublefrom B and B is buying from C.  I am doing the loan for buyer B.  I get buyer B approved for a V.A. loan to buy C's house....contingent on B selling his home to buyer A.  Realtor for A turns out to be also doing the loan for A.  Of course that's not true.  Someone else in his office is doing the loan, but Buyer A has never spoken to the lender only the realtor.  Let me clear this up.  She has only spoken to the realtor as her realtor and on has spoken to the realtor even though realtor says that Joe Schmo is the lender (but she's never spoken to Schmo as she has to put everything through the realtor/lender.  I know....confusing, but important.

My client, B, is pissed that the realtor/lender (double dipper) has not gotten the deal done over a 4 week period.  Buyer A and Buyer B are concerned because C is now considering to not extend the financing to buyer B.  It affects B and A.  Sooo, this past week I get a call from A who told her story and said that B told her to call me. 

We come in on Sunday, take the application, and get A FULL APPROVAL except for the appraisal within 3 days.  Mind you, this guy has had the file in underwriting for over 4 weeks with two or three different lenders and we're already two weeks past the closing date.  They still don't have a clear to close on this V.A. loan.

Realtor / lender / double-dipper refuses to give the appraisal over or release the case number to me.  I'm not calling the borrower or double dipper.  In fact, I tell buyer A to just stay with double dipper because it's the midnight hour.  Welllllllll, double D still can't get a clear to close and buyer A said that I needed to take over the deal.  We would have been clear to close had the lender released the V.A. appraisal and case number as the buyer requested back on Monday.  Double D says that there's no way we can get it done (we have).....

The Issues?????

Let's be honest.....really honest here.  ETHICS!!!!

Doesn't double dipper have a first and foremost deal to represent buyer A?  Doesn't that mean that if the buyer isn't getting the service from the lender (Even if he's the lender) that he looks out for

HIS CLIENT'S BEST INTERESTS?

He has told the attorney's and the realtors that "Larry Bettag can't close the deal in a timely fashion" even though he knows that I've reported that we're clear to close except for the appraisal and the transfer of the V.A. case number.   She's telling Double D that she wants out, but he says no, no, no....are his actions in the benefit of the client or is it for the protection of double D's double commissions.

FRANKLY, THIS INFURIATES ME BECAUSE:

I've told the buyer that they should just stay with double dipper since he's intentionally dragging his feet on transferring the appraisal and case number to me.  Is that really the issue or is it his use of a Straw Loan Officer so that he appears separate from himself as the realtor, but the borrower never spoke to the loan officer who was on the application...just Double D. 

Secondly, it's a big concern for HUD that lenders have other full time jobs.  I've backed out, but I've been pulled back in.  I understand maximizing your income, but c'mon now....where's the duty to protect and represent the client?  Ridiculous if you ask me.....I think that this realtor / lender / double dipper needs to be disciplined.  The bottom line is that he put his commissions in two "conflict of interest" areas above the client that he serves.  It's really ashame!

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Comments(9)

Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

No double D here... I only represent buyers.. even without the double D there are plenty of opportunties for conflicts of interest with the new and improved version of dual agency which has been renamed "designated agency"  the dual may look like its gone because the statute says so, but the conflicts remain ... and it all is blessed by NAR and the legistlature.

Mar 18, 2010 04:06 PM
Matt Grohe
RE/MAX Concepts - Des Moines, IA
Serving the metro since 2003

Larry: sounds like double trouble and a no win situation. Gives me a headache just thinking about it.

Mar 18, 2010 04:09 PM
Leslie Ebersole
Swanepoel T3 Group - Saint Charles, IL
I help brokers build businesses they love.

I would need a chart to keep up with it all, but it sure seems like a violation (or two or three). Report it, don't let it go. Can you give a hint who it is so the rest of us steer clear?

Mar 18, 2010 04:22 PM
Shirley Parks
Sands Realty 210-414-0966 - San Antonio, TX
Broker, 210-414-0966, San Antonio TX Real Estate

Oh my, what a mess!  I agree with Leslie; maybe it should be reported.

Mar 18, 2010 04:28 PM
Robert T. Boyer
FHA Loan, VA Loan, Jumbo Loan,FHA Loans,VA Loans,Jumbo Loans - La Jolla, CA
San Diego Real Estate & Mortgage Loans, Ph.D. | VA Home Loan

Wow.  What else is there to say.  A "shame" is definitely an understatement.

Mar 18, 2010 04:40 PM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate

What a mess, Larry.

Hard to follow the whole dialog with so many parties involved.

When our clients lives are on the line like this, it is not right that their is no conversation with the lender who initiated the loan.

 

Mar 19, 2010 12:01 AM
Gwenn Tanvas
NEXA Mortgage LLC an Equal Housing Lender NMLS # 1660690 - Appleton, WI
The Mortgage Gal, 920.267.7891~ SMART - INNOVATIVE

Hi Lar - So by being the Jack of all and Master of none - Where in the heck does he find the time to to serve the client, if he can keep them straight.... What a Mess.... Very, very exciting things going on up-north.... Would love to catch up... Is now March you know - hahahaha

Mar 19, 2010 12:46 AM
Loan Survivor Real Estate Financing Expert
Purchases, First Time Buyers, Pre-Approvals, Refinance - Birmingham, MI

Larry, great post topic. 

It all boils down to greed & laziness.  Doubles dippers don't want to go out and get new clients, they want to sell as much as they can to the few clients they have.

I know a guy from my local chamber that has the same mindset.  Primarily an accountant, he also sells insurance, mutual funds, real estate and did mortgages while they were EASY.  Wouldn;t surprise me if he also sold Amway.

BTW - HUD explicity does not allow an LO doing FHA loans to also be a real estate agent.  Has to be one or the other.  I believe this is not on a tranaaction basis, but overall period.  So if a double-dipper does a single FHA loan, they could be in violation if they later sell real estate.

Mar 20, 2010 06:34 AM
Anonymous
Gilda Hickman

We just went through a similar situation with a lender double dipping from another agency.  Our agent did all the footwork and spent the time, then the lender/realtor called and said that he would be writing the offer without ever stepping foot into our county.  He owned the mortgage company (but handed the loan off to someone who works for him) and then wrote the offer.  Is there a specific law that this violates?  That is what I am trying to find out.

Gilda Hickman

Broker/Owner

Real Estate Network

866-583-8181

574-870-1227

www.Homes-By-Network.com

Nov 09, 2010 08:06 AM
#9