Special offer

You Want Part of My Commission For What?

By
Real Estate Agent with AMAX Real Estate NRDS #2000172379

We've all heard about the investor short sale scams.  You know, when the investor finds a desparate homeowner who is about to be foreclosed on and swoops in like they're going to "save" them.  They convince the homeowner to sign a Quit Claim Deed to the property, then they write an offer on the home and put it back on the market for sale to procure a third-party buyer prior to closing.  Once they receive an offer from a third-party buyer, they proceed to a double closing.....and their own money never even hits the closing table.

Guess what.  It's bank fraud.  Plain and simple.

Recently, when one of my clients wanted to write an offer on one of these, I told him he'd need to go to another agent to write the offer as I really don't want any part of this type of scam.  He insisted I write it.  After debating the issue with the listing agent's broker, attorneys and my own broker for over a week, I thought I'd finally found a solution to the problem.  I simply wrote an offer to the original owners of the home and indicated that it was THEIR responsibility to figure out how to get the investor out of the way, release the Quit Claim Deed, but we wanted no part of this investor whatsoever. 

That seemed to work.....until yesterday.....two days before closing.  Wells Fargo approved this short sale last week.  We were given a whole FIVE DAYS to get the appraisal done and the buyer's loan approved.  Of course, the final HUD has to be sent to Wells Fargo at least 48 hours prior to closing for approval.  We're scheduled to close on this tomorrow.

So yesterday, as we're waiting on final HUD approval from the buyer's lender, I received an email from the listing agent with the following message:

"We are having an issue with the second mortgage.  They are wanting $2,500 more than Wells Fargo will give...and the sellers just don't have anything.  Why it's a last minute craziness....I have no clue.  I'm working on it, but it might be a deal breaker.  I don't know, especially with the May 14th closing date.  I hate to ask, but would the buyers think it worth it to come up with another $2,500?  It's still a steal....."

Hold on.....there is no second lien on this home.  What second mortgage is she talking about? 

The next email I received was from the title company closing agent, which stated:

"We are having an issue with $2,500 that has to be sent to Wells Fargo for the difference on the payoff.  I thought the buyers were going to be paying this, but I spoke with their lender and he says that they won't be able to pay it because they would be short on the amount of reserves they have to have.  Has [the listing agent] spoken with you about this?"

Let me get this straight:  they had the escrow agent contact MY buyer's lender to determine his financial capability?  I scrambled to find the title work to the property.  Guess what.....there is no second lienholder.  I called my buyer's lender, and he confirmed that the closing agent had called him and asked if the buyers were financially capable of paying it.  I had the buyer's lender send me a copy of the approval from Wells Fargo.

Wells Fargo approved the short sale....with a 7% commission.  4% going to the listing agent.  The sales price of this home is $239,900.  It doesn't take a rocket scientist to figure out that Wells Fargo only approved a 7% commission because the seller agreed to a cash contribution of $2,500. 

I asked the listing agent about this and she said she couldn't afford to throw any in because she had to split her commission with "Sheri."  "Sheri" was the original investor that had the sellers sign the Quit Claim Deed to her.  "Sheri" was the person that we have been trying to avoid through this entire contract.  "Sheri" claims to be a license agent in Arkansas.  Since "Sheri" is not licensed in the State of Missouri, the listing agent has to pay her a referral fee....but "Sheri" has been negotiating this short sale the entire time.

So now they are asking ME to absorb $1,000 of the $2,500 cash contribution from the seller on the Wells Fargo approval. 

IN ESSENSE, THEY WANT ME TO REDUCE MY COMMISSION TO PAY FOR THE ORIGINAL INVESTOR! 

The worst part?  If we refuse, then "Sheri" can refuse to quit claim the property back to the sellers.

To say I am angry right now would be the biggest understatement in history.  What am I going to do about it?  Well....my client really wants this house.  We moved huge mountains and performed several miracles to get a loan processed in 5 days to close this thing.  I will pay the $1,000 out of my commission, but I have a message for "Sheri" and the listing agent: 

You'd better not spend this money too quickly.  As a matter of fact, you should hope to invest it in a manner that will make it grow quickly, because by the time I'm done with MREC, AREC, the Attorney General, HUD and the FBI.....you're going to need it.....and a whole lot more.

Navona Hart
Century 21 Realty @ Home - Farmville, VA
Selling the Best Properties in Central Virginia

I hope post closing you can make a difference.  I like you would have paid to get my buyer to closing and I like you would have been madder than....well you fill in the blank.  Go get em.

May 12, 2011 12:22 AM
Bill Gassett
RE/MAX Executive Realty - Hopkinton, MA
Metrowest Massachusetts Real Estate

Just amazing but this kind of thing happens all the time with short sales. There are scams galore in this arena!

May 12, 2011 12:29 AM
Myers Jackson
Auctioneer, Texas Flip N Move - Grapevine, TX
America's Auctioneer

How the monkey wrench is thrown into the deal. looks like always something going on, work on it Lina and get your fair pay

May 12, 2011 12:30 AM
Carol Zingone
Berkshire Hathaway Home Services Florida Network Realty - Jacksonville Beach, FL
Global Realtor in Jax Beach, FL - ABR, CRS, CIPS

Lina - first time I've heard of this in particular, as well as a 7% commission on short sale - fight for what is right, and let us know what happens post- closing.

May 12, 2011 12:31 AM
James Loftis
RealEstate911.com - West Palm Beach, FL
RealEstate911.com

Hi Lisa,

Hope everything works  out. Looks like you are really having  to work for the commission on this sale.

May 12, 2011 12:33 AM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Sounds like an attorney was / is needed. Was the quit claim deed ever notarized and recorded? The sellers brought this on themselves. Desperate sellers just don't think straight sometimes.

May 12, 2011 12:46 AM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Lina, We had some "investors" approach us with one of our listings once.  Just sounded way fishy to us.  Hope you're able to recoup the $1k.  Personally, the listing agent should be eating it.  They created the situation, and the MLS coop offer to you should not be shorted at the last minute due to something of their creation.

May 12, 2011 01:39 AM
Jackie Connelly-Fornuff
Douglas Elliman Real Estate in Babylon NY - Babylon, NY
"Moving at The Speed of YOU!"

Hi Lina, I would be seeing red too. This whole mess stinks. You go and do whatever you have to. I KNOW the FBI will want to know about this one!

May 12, 2011 02:19 AM
Amanda Christiansen
Christiansen Group Realty (260)704-0843 - Fort Wayne, IN
Christiansen Group Realty

Unreal.  There are a few investors in Fort Wayne that are doing the same thing.  It's just not right and I hope you nail her ass to the wall.

May 12, 2011 02:30 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Well that sucks. Not sure why all of this would come up at the last minute. Without looking at all of the paperwork it's hard to know if any of this is illegal or not. There's nothing illegal about a double closing as long as all parties are aware of what's going on.

I'd certainly be concerned about how all of this was handled and what role Sheri played in the fiasco. 

I too stay clear fo these types of deals. To complicated for my simple mind :)

May 12, 2011 02:51 AM
Angelia Garcia
Pure Realtors - Dallas, TX

and the title company didn't find the quit claim?

May 12, 2011 03:49 AM
Billi Evans
Murney Associates - Springfield, MO

Hey girl, can't wait to hear how this turns out. There is an agent in our area that I refuse to show his listings. Bet you can guess who.

May 12, 2011 05:13 AM
Rebecca Melancon
RAM Arts Photography - Lake Charles, LA

Wow.  Good luck and I hope everything works out.

May 12, 2011 05:42 AM
Larry Story ALC
Total Care Realty - Greensboro, NC
Beneath it all is the Land, Covering all of NC

Go get'em Lina! I would definitely throw them to the wolves and string them up.  I had someone approach me a couple of weeks ago about buying a short sale.  Then he proceeded to tell me he wanted me to list the short sale he wanted to buy.  It was a friend of his.  Then he is going to rent it back to them.  Arrrggghhhh. Warning, Warning Danger Will Robinson.  All kind of alarms went off on that one. 

May 12, 2011 06:01 AM
Mike Wong
Keller Williams Realty Southwest - Sugar Land, TX
Realtor: Commercial, Residential, Leasing, Invest

Lina I hope you nail them and everyone associated with the fraud. There are people running "investor seminars" and "investor conferences" all over the country promoting this type of behavior and they need to start cracking down on it. I'm so glad you are being proactive and handling it because it affected your clients. Most agents would take what they could get and move on.

May 12, 2011 09:52 AM
Cheryl Ritchie
RE/MAX Leading Edge www.GoldenResults.com - Huntingtown, MD
Southern Maryland 301-980-7566
I enjoy your Facebook entries and your Featured posts, too. Way to go!
May 12, 2011 07:25 PM
J. Philip Faranda
Howard Hanna Rand Realty - Yorktown Heights, NY
Associate Broker / Office Manager

Lina, you should report this to your state banking department, the attorney general, and every other regulating authority you can find who will listen. THis has to stop in our industry. 

May 12, 2011 11:52 PM
Jim Hale
ACTIONAGENTS.NET - Eugene, OR
Eugene Oregon's Best Home Search Website

Go get 'em.  This is just as bad as the lousy lending practices that enabled the boom and bust.

May 23, 2011 04:58 PM