A loan officer contacts me and says that he wants to pay a lender from another company who has referred a deal to him.  I push my keyboard away and listen.  He says that he got a referral from a lender in California.  That lender isn't licensed in Illinois and my loan officer was told that he could and should pay the referrer. 

While I'm a still a semi-young buck, I look to him....rubbing the stubble on my newly shaved summer crew cut, and pause.....  This young "grasshoppa" has a lot to learn about lending."  This guy is as honest as they come, but I can't believe he's asking this question.  I think to myself...."he really doesn't know, does he?"

TWO PARTS TO THIS POST!

FIRST

I'm thinking to myself, this guy either:

  • Didn't pay attention to this part of the licensing instruction;
  • Didn't study or was asked questions about this when he went through the licensing part of the test; or
  • Forgot what he learned.....
  • Lost all of his brains when he got his first commission check.

I'm not concerned about my guy really.  He asks questions all the time, is a hard worker, and never wants to take advantage of anyone.  He freaks about "not doing the right thing."  Don't get me wrong.  I told him that he's one toilet flush away from going down the career tube, but I feel that it's a one and done with him. 

I tell him that paying a referral fee to another loan officer would actually be a crime and that he'd lose his license.....as would the idiot who's been in the business forever who told him that that it was OK and that he needed to be paid by him.  So, as a big shot attorney (at least in my own mind), I tell him about "abandonment"

FOR EXAMPLE, I'm going to rob your house with three friends.  We've been planning it for 3 days, 3 weeks, or 3 years. I get in the car to drive to your house, but as soon as I get in the car, I say to myself, "I can't and I won't."  I get out of the car, go home, have a beer watch TV and go enroll in the seminary.  I tell my friends to "F-off" just for good measure.  That's abandonment (not the "F-off part).  No crime was committed.  You walked away prior to the crime. 

Forget the whole issue of intent.  We'll save that for another lesson in law, but he abandoned the crime prior to committing it.  As I told him, just because you did something stupid (agreeing to pay for what you legally can't pay for) doesn't mean you have to do something more stupid and fully consummate complete stupidity.  Sure the idiot will be pissed.  But I'd rather piss someone off than being a bunk mate in cell block 25350. 

SECONDLY,

I tell my guy, let him get pissed.  What's he going to do?  Contact the authorities and say:

 "Hey, I was going to commit a crime with this guy and now he won't play by the rules of our agreement?"

I told him...let him call Obama, Blagojevich, the State's Attorney, District Attorney or whomever.  Just tell him that you're done, but when you have the opportunity to refer a deal in California, that you will without expecting compensation.  Easy, Easy, Easy! 

Well, Life is like a box of chocolates....you'll never know what you'll get until you take a bite.  My guy writes this dude and calls him and tells him:

  • Dude...I was asking my boss how to work it through payroll and he said;
  • Don't do it, it's a crime; so I'm not gonna.  I don't want either of us to lose our licenses; but
  • When I get a deal in California, I'll refer it to you.

This piece of chocolate stinks on the inside.  He raises hell about not getting paid even though he knows that it's illegal.  I feel bad for my guy.  Great heart, asks all the question, but was a bit naive about lending, jail cells and bunk mates.  If my guy was a crook, he wouldn't ask.  Stupid?  Perhaps, but I think he just had a bad mentor a bit earlier in his career.

Finally, Mr. Pee Pants (that's what I call him for his incessant whining) himself contacts me asking for his money.  I tell Pee Pants to quit whining (and peeing in his pants) about being kept from the feds, group showers and half way houses. 

By the way, the compensation that he wanted was $300.

So you gotta ask the question

....are you willing to give your license and livelihood away for $300? 

I think not.  Remember, just because you did one thing really stupid, it doesn't mean that you have to follow it up with something even more stupid. 

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Post is included in group: Almost Anything Goes
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18 Comments on Woud you give up your license for $300 cash?????

JUN
24
2010
413,712 Points 88 Featured Posts Localism Sponsor Outside Blog Called Shot Master

Good post, good story. Unfortunately as money gets tighter, people need both moral guidelines and training to make good decisions. I also think fear is a perfectly legitimate tool in the manager's/parent's tool box.

Thanks for work on my problem, I appreciate your effort. Can't imagine why I'm having a problem finding the person who can't possible exist!

11:32am • #1
144,483 Points 25 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Larry, one of my mantras, "Ignorance is a curable malady, Stupidity is not".  Glad your guy is in the first clause.  I stand all amazed that these guys are still in the business.  I have an acquaintence LO who is working for a broker (I am in CA, remember) who is telling her that she doesn't need to take the NMLS...she can just work under his license.  Perhaps, Mr. PeePants works at the same house?????

Gee, I hope these bad guys/girls are finally going to get out of the business.

11:34am • #2
535,983 Points 71 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

As income decreases ethical lapses tend to increase.

11:36am • #3
3 Featured Posts Called Shot Master

Great post! Its amazing what some people will do to make a quick buck!

11:40am • #4
569,544 Points 1 Featured Post Localism Sponsor Outside Blog

Hi Larry,  You handled this quite well and took advantage of a " teachable moment " !  Well done !

11:46am • #5

Great point to make - what is your career worth?  We all have to watch what we jump at and what we do to keep the money flowing. It can cost you more in the end if you choose the wrong option.

12:04pm • #6
880,278 Points 225 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

$300, $3000, $30,000... don't care... I'm too pretty to go to jail.

12:05pm • #7
609,504 Points 14 Featured Posts Outside Blog Called Shot Master

Great post....I have talked with many agents about this over the years...and really for no amount is it worth it to lose your livelihood and risk huge fines....and especially not over $300.

12:14pm • #8
842,602 Points 85 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Leslie....that's where cloning becomes helpful.

Deborah....couldn't happen quick enough.

Doug...well said.

Bill...thanks....let's hope that I don't have any more teachable lessons of this sort.

Jody...bingo!

Alan.....with a face like that.....anyone would want to bunk with you!

Deborah....for $301, I'm all in!  But not for $300!

2:24pm • #9

Good post. I work referrals. If you are interested let me know.

2:53pm • #10
377,079 Points 26 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Larry - OMG   This gets pounded into our heads from day one!

 

For the readers who don't already know:

 

Section 8: Kickbacks, Fee-Splitting, Unearned Fees

Section 8 of RESPA prohibits anyone from giving or accepting a fee, kickback or any thing of value in exchange for referrals of settlement service business involving a federally related mortgage loan. In addition, RESPA prohibits fee splitting and receiving unearned fees for services not actually performed.

Violations of Section 8's anti-kickback, referral fees and unearned fees provisions of RESPA are subject to criminal and civil penalties. In a criminal case a person who violates Section 8 may be fined up to $10,000 and imprisoned up to one year. In a private law suit a person who violates Section 8 may be liable to the person charged for the settlement service an amount equal to three times the amount of the charge paid for the service.

 

Um...Mr. Pee pants- you are stupid and wreckless and should thank Larry 100 times for not turning you in.

2:53pm • #11
1 Featured Post

I fully agree with  a number of you that the short-term payoff on this illegal/immoral behavior is not worth your integrity as an agent, inspector, lender, etc.  Unfortunately, lean times are putting many at risk for this behavior.  As some may believe the "whatever I need to do to put food on the table" mentality, it is those who continue on the high road that will be taken care of.

Thanks for the post. Larry.

3:08pm • #12
874,820 Points 154 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Larry, I had no idea that lenders couldn't get referral fees....shows how much I know.

Of course we Realtors pass referral fees along all the time. Good call.

7:09pm • #13
1,142,810 Points 242 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Hi Larry!  You know, I really didn't know that lenders couldn't refer business too--as Missy said--and get referral fees.  LOL at Alan's comment too!

As for your young grasshopper--you did well--take the opportnity to drive home those ethics rules every chance you get.  No amount of money is worth losing your license.

11:34pm • #14
JUN
25
2010
1,929,896 Points 155 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Fraud usually starts with someone telling someone else "Don't worry this is completely legal, I do it all the time" Stupid is as Stupid does!

12:11am • #15
205,132 Points 16 Featured Posts Outside Blog

Co brokering is not a wise decision. Referral fees are definitely a violation.

I fully agree  - I would need at least $301 or maybe even more before I'd risk my company's and my personal license.

3:01pm • #16
151,952 Points 3 Featured Posts Localism Sponsor

What's surprising is the licensing requirment that is needed in order to originate loans in California.  Great piece of information and entertaining as well.

10:50pm • #17
JUN
29
2010
165,839 Points 8 Featured Posts Outside Blog Called Shot Master

Thanks Larry, good post.   Yes, people like to look the other way when it comes to money - they forget everything.

2:20pm • #18

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