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Connecticut short sales--- Is your short sale agent breaking the law?

By
Real Estate Agent with CG Real Estate

Does your short sale agent " have a guy " that handles the negotiations with your lender? If so, there's a pretty good chance " the guy " and your agent are both breaking Connecticut law. Under Connecticut law, in order to negotiate a short sale for a fee, the individual must hold a debt negotiation license with the state of Connecticut.

From the States Department of Banking website:

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Licensed Debt Negotiators, for a fee, offer the services of assisting a consumer faced with significant debt or negotiating on behalf of a consumer, the terms of a consumer's obligation to a mortgagee or creditor, including:

  • Negotiation of a short sale of residential property (one to four family owner-occupied real property);
  • Providing services related to avoiding or delaying actual or anticipated foreclosure proceedings; and
  • Addressing the delinquency and default of a mortgage loan.

Please note that 1) attorneys practicing law in Connecticut, 2) banks and credit unions, 3) licensed debt adjusters and 4) non-profits are all exempt from this license.

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It should also be noted, that Realtor's are also exempt from having this license providing they are not charging the consumer any fee other than their real estate commission. 

Okay you say, so what's the big deal? Well, agents that are inexperienced in negotiating a short sale have been outsourcing the negotiations and clients personal information to a third party. Many of these third parties hold neither a debt negotiation license OR a real estate license.  It has been found that many of these third parties have also  been taking a portion of the real estate commission as payment for their services. Both of which are illegal.

Joint letter from the Connecticut Department of Consumer Protection and Department of Banking today:

 

DCP DOB LETTER

DCPDOB part 2

part 3

I negotiate all of my own short sales and would never outsource your personal information to a third party. If you're currently short selling your home, or interviewing short sale agents, and the agent you are speaking to,  " has a guy ", that agent could very well be breaking the law and not even know it. Not only is it important to ask questions, it's also important to ask the RIGHT questions.

CT debt negotiation FAQ are here : http://www.ct.gov/dob/cwp/view.asp?a=2232&q=448490

CT schedule of maximum fees are here: http://www.ct.gov/dob/cwp/view.asp?a=2232&q=447776

CT licensed debt negotiators are listed here : http://www.ct.gov/dob/cwp/view.asp?a=2233&q=449828

 

As always, you need to be well informed in order to make the best decision for you, and your family. For a FREE, confidential consultation on short selling your home in most of Connecticut, please feel free to contact me any time.  

 

Patrick

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Who To Call For Your Real Estate Needs In Connecticut:

Patrick James is a REALTOR that can assist you with all your real estate needs in Connecticut. Patrick resides in Middlesex County but also offers Real Estate Services in New London and Hartford counties, as well as portions of Windham, Tolland, Litchfield and New Haven Counties. Patrick  can be contacted via phone or text message at (860)550-5267 or pwjrealtor@gmail.com

 

IMPORTANT NOTICE:

Patrick W. James and CG Real Estate are not associated with the government, and our service is not approved by the government or your lender. Even if you accept this offer and use our service, your lender may not agree to change your loan. If you stop paying your mortgage, you could lose your home and damage your credit.

George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Patrick I did not know this, and I bet there are many others that do not know this as well.  Thank you for making me award of it.

May 10, 2011 02:36 PM