Class Action Attorneys should be drooling over the Big Banks making up their own rules!

By
Real Estate Agent with Progressive Realty (Boise Idaho) www.Progressive-Realty.info DB-17066

I am just amazed at how some of the big banks are still making up their own rules after having to to paying and settling huge lawsuits!

Here are just a few things that come to mind:

  • Requiring buyers to get "pre-qualified" with them Prior to ever even being able to upload an offer on one of their listings even if they are pre-approved with another lender.  (My solution would be to require a larger earnest money that is non refundable based on financing if they don't at least prequal with the selling lender);
  • Requiring buyers to provide their address, birthday and first 5 digits of their social security numbers with an offer in order to be able to "upload" it into the system since these are required fields without ever having the buyers sign any type of disclosure of why this data is requested or how it will be used.  I am confident it is so the selling lender can do a credit report on the buyer without their consent! (I just instructed one listing agent to insert "000-00" as the social and the offer date as the birth date until we get a copy of the banks disclosures).
  • Requiring certain title companies be used in the transaction (as a listing broker, you probably are not allowed to sole source your favorite lender or title company yet they can?)
  • Requiring buyers to put everything in writing, while simultaneously refusing to commit their statements to writing! (In Idaho we have the Statute of Frauds which means it all has to be in writing yet they ignore that too).
  • Requiring "wet signatures" still even though it has been over a decade since "electronic signatures" were approved by the FTC.
If any of you know any good class action attorneys that are hungry these days, here is a bib for them!



Comments (3)

Deborah Byron Leffler BzyBee Real Estate Lady!
Keller Williams Realty Boise - Nampa, ID

Very true story..wonder how it will all play out in the end!!?!?

Jul 08, 2010 06:29 AM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Jim - As a mortgage gal, the first three irritate and annoy me into a frenzy.  I can't stand that my borrowers are subjected to this kind of crap as well as making them vulnerable to ID theft.  I just drives me CRAZY!

I lecture my clients on how to protect their privacy and in providing my pre-approvals (that are verified and documented and DU approve/eligible) I go to lengths to protect my borrowers privacy and personal info - I HAVE TOO!  But then LA's and their bank sellers just trample all over them in order for my borrowers to even put an offer in.

It's gotten so bad around here (I could add on a lot more crap to your list) than most of my borrowers have instructed their Realtors to not even bother showing them short sales or properties where they have to get pre-approved with some other lender in order to just make an offer.

Jul 08, 2010 07:08 AM
Jim Paulson
Progressive Realty (Boise Idaho) www.Progressive-Realty.info - Boise, ID
Owner,Broker

I would hate to be a loan officer at some of the major banks that are doing REO's and short sales that require buyers to waste the loan officer's time to get a buyer pre-approved that is not even interested in using that bank and may never even be the successful bidder.  I think a few lawsuits that a lender can't approve a buyer in time before another offer is accepted is just around the corner!  Maybe then, they can concentrate at solid business that is ready and willing to go forward instead. 

Jul 09, 2010 06:58 PM

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