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I'm a Googling Law Breaker!

By
Mortgage and Lending with SUNSTREET MORTGAGE, LLC (BK-0907366, NMLS 145171) NMLS 223495

 I waited in line patiently for more than 20 minutes.  My turn came, my name was called, and I approached the counter with all the confidence of a sinner at the pearly gates.

Four weeks earlier, Elouisa (not her name) and her REALTOR®,  agonized over the offer of $150,000 for a manufactured home listed at $165,000.  Moving out of a small condo into a home with more than an acre of horse property was a dream she hoped would come true.  She signed the offer.  A day later, she was in escrow.

Things went downhill.  The appraisal came in at $130,000.  An inspection showed that the seller had stripped out a swamp cooler. (google it.)  No deed of affixture existed. Without it, we had a nice piece of unimproved land and an oversized piece of personal property governed by the division of motor vehicles.

The REALTOR®,  was fantastic as a dual agent.  He kept everyone sane, and the sellers agreed to take the $130,000.  The sellers replaced the swamp cooler.  We applied to the county assessor for a deed of affixture.

The underwriter re-examined the appraisal, and conditioned us to provide her with copies of the original permits to erect the horse shed (400 s.f. of poles and aluminum roof to shade the horses from the Arizona sun.)

No permits existed.  The U/W said to get permits.  The REALTOR®,  tried, and emailed me saying that his research showed that no permit was required by local code, but that the building department would not give him anything in writing.  Can't be, I thought.

So here I was, a week after this should have been put to bed, standing at the counter, hat in hand, so to speak.  I used to be a builder.  I've built 350 homes.  I know building codes.  "We don't have a local building code any longer," said the clerk.  "We subscribe to IRC." 

I explained my situation, and asked if I could just photocopy the appropiate page out of the IRC-2006 to send to the underwriter.  "Can't do that," he said.  I wondered aloud why not.  "It's a book. It's copyrighted.  Can't copy stuff that's copyrighted.  But if you look right here, you can see what we require."  I mentioned that the U/W couldn't see it, and wasn't likely to believe me if I wrote a letter explaining that the county had a rule, but they didn't want people to actually have the printed page."

"You could always go to the library."  People behind me were getting antsy.  "So they'll let me photocopy it?"  "Probably not," was the reply, "it's copyrighted, you know."

I decided then and there to become a lawbreaker.  "Where can I buy the book?"  "Oh, you don't want to do that," he exclaimed.  "It'll cost you a hundert and five dollars."  (He had no idea how badly I wanted to do just that.) 

God bless the internet.  Within the hour I had located, purchased and downloaded a pdf version, and was printing away--copyright laws be damned!

Please don't turn me in.  Docs went out today, and we'll sign on Monday.  Have a great weekend.  Illegitimi non carborundum.  (It's a Fight song!  google it.)

I'm Mike in Tucson, your preferred Tucson, AZ mortgage lender.
Mike Jones (Tucson Mortgage Company, LLC): Loan Officer in Tucson, Pima County, Arizona

Comments (20)

Yvette Chisholm
Long & Foster Real Estate, Inc. - Rockville, MD
Associate Broker - Rockville, MD 301-758-9500
Problem solvers are good agents.
Aug 24, 2007 04:38 PM
Kim Murphy
Draper and Kramer - Lombard, IL
Mortgage Loans in DuPage, Kane, Cook, Lake, Will C
Mike - making it happen for the client is what makes you a good Realtor!
Aug 24, 2007 04:54 PM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE
WooHoo!  Now that's what I call going above and beyond and MAKING it happen!
Aug 24, 2007 05:31 PM
Rosario Lewis
DDR Realty - Newburgh, NY
GRI, SRES - DDR Realty - Orange County, NY
LOL "Swamp Cooler" I love it!
Aug 24, 2007 05:49 PM
Marlene Bridges
Village Real Estate Services, Inc. - Laguna Hills, CA
Laguna Homes|Laguna Condos|Laguna Real Estate
Mike - What a wonderful story.  You have such a great way of putting the reader into the scene with you.  So glad you got this resolved.  God bless the internet!  Way to hang in there and find a way around a situation that some might have just shrugged off as impossible.  YeeHah!
Aug 24, 2007 06:51 PM
Kris Wales
Keller Williams Realty - Lakeside Market Center - Macomb, MI
Real Estate Blog & Homes for Sale search site, Macomb County MI
Mike:  I don't believe the google police are here :-)  Isn't it amazing that no matter how long we are in this business there is so much we can learn from every transaction?   The next time you have a deal like this you'll know what needs to be done ahead of time (I love being proactive!).  You've also given US a heads up so that we'll know if something like this comes up how to handle it in a professional sane manner.
Aug 24, 2007 09:53 PM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Good job picking through the issues, Mike.

Now there's a Catch-22:  "We have no requirement and we never said that."

 

Aug 24, 2007 11:13 PM
Mike Jones
SUNSTREET MORTGAGE, LLC (BK-0907366, NMLS 145171) - Tucson, AZ
Mike Jones NMLS 223495

 Yvette & Kim, thanks for visiting commenting.  I'm not the agent, though.  I'm the mortgage lender in this transaction. 

Sally,  thanks for the WooHoo!  I feel like I won an Oscar.  But seriously, making it happen is what really counts, and it's 'roids for referrals.

Rosario, thanks for commenting.  They call these things Swamp Coolers in a state where only transplants have ever seen a swamp.

Marlene, you definitely have the gift of Encouragement!  Thank you.  I get such a charge out of problem-solving.  Your YeeHah! rates right up there with Sally's WooHoo!

Kris, thanks for visiting again!  Your comment about "learning" from every transaction is excellent.  I really did buy and pay for the PDF version I downloaded.  It's the copyright police that have me looking over my shoulder.  (I'd better go back and edit the post to clear that up.)

Mike,  you picked up on something that just floored me.  It really was a Catch-22.  The irony is that the clerk behind the counter thought he was being helpful.

Aug 25, 2007 12:42 AM
Cheryl Johnson
Highland Park, CA
Hey, we must have the same Alma Mater, we have the same Fight Song!  <s>
Aug 25, 2007 12:50 AM
Mike Jones
SUNSTREET MORTGAGE, LLC (BK-0907366, NMLS 145171) - Tucson, AZ
Mike Jones NMLS 223495
Cheryl, we may not have graduated from the same school, but I believe I met you in class at the School of Hard Knocks!  All right...let's sing together now...
Aug 25, 2007 01:26 AM
Janie Coffey
First Coast Sotheby’s International Realty - Ponte Vedra, FL
Uniting Extraordinary Homes w/ Extraordinary Lives

Good for you Mike, you got  the deal done and everyone is happy.  I am a hobby ancestriologist (did I just make up a word?) and had trouble copying a family ancestry book which was obviously from MY family and bound by one of those spiral bindings, I couldn't believe it!

 

Nice to "meet" you!


PS I am a contractor so we have something in common, don't build from the ground up, just interiors...

Aug 25, 2007 01:52 AM
Michael I. Pulskamp
Mainstreet Brokers - Jackson, CA
REALTOR, EcoBroker, GREEN Desingnee

It was for educational use, I bet you also stated exactly what publication it was from and gave correct credit to the "author' and publisher.

You should be covered by these things.

Sleep well knowing you did the right thing! 

Aug 25, 2007 05:20 AM
Mike Jones
SUNSTREET MORTGAGE, LLC (BK-0907366, NMLS 145171) - Tucson, AZ
Mike Jones NMLS 223495

Janie, it's a pleasure to "meet" you too.  Thanks for visiting and commenting.

Michael, thanks, and Welcome to Active Rain!  I just visited your blog.

Aug 25, 2007 07:17 AM
Joan Mirantz
Homequest Real Estate - Concord, NH
Realtor, GRI, CBR, SRES - Concord New Hampshire
What a great story Mike...enjoy Monday...you earned it!
Aug 25, 2007 03:38 PM
Mike Jones
SUNSTREET MORTGAGE, LLC (BK-0907366, NMLS 145171) - Tucson, AZ
Mike Jones NMLS 223495
Thanks, Joan! I appreciate your comment!
Aug 25, 2007 05:06 PM
Tony Croft
Tony Croft Team at Northstar Funding - Helping 1st Time Buyers, Move Up Buyers & Investors - Hoboken, NJ
Mortgage Advisor 201-943-6800

Mike,

Great story! I googled illegitimi non carborundum and I love it!

Thank again,

Aug 26, 2007 03:26 AM
Mike Jones
SUNSTREET MORTGAGE, LLC (BK-0907366, NMLS 145171) - Tucson, AZ
Mike Jones NMLS 223495

Another alum of the school of hard knocks!  Thanks, Tony.  Come back and visit again.

Mike in Tucson

Aug 26, 2007 09:22 AM
Rita Bradley
Laguna Hills, CA
Valuation Consultant in Orange County California 949-916-3263
I have to say Kudos to the appraiser for "getting it right" and saving the buyer a lot of dough and headaches later. 
Sep 05, 2007 07:46 PM
Kate Bourland
Marketing with Kate - Redding, CA
Onlilne Marketing Mobile Marketing

What an awesome story of customer service.  Sometimes you just have to wonder about employees behind the planning department counters...I guarantee that someone in that department has copied a page out of that book a time or two, just not for you.

I hope that you post this to your web page, this is awesome, customer service.

You inspire me.

Sep 05, 2007 11:22 PM
Mike Jones
SUNSTREET MORTGAGE, LLC (BK-0907366, NMLS 145171) - Tucson, AZ
Mike Jones NMLS 223495

Rita, thanks for commenting on the appraiser's part in the transaction.  Mike Lebsack, the appraiser, is awesome.  I'd bet you are too. 

Kate, thanks for the idea!  I don't post any of my blogs to my web page.  I'll see what I can do to fix that, and soon.

Sep 06, 2007 12:50 AM