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Short Sale Flip Volume 6: Post-Mortum

By
Real Estate Agent with Long and Foster Real Estate VA License # 0225089470

If are just going this series, following what happened to one of my Buyers when he entered into a Contract with an Undisclosed Short Sale Flip, here are the links to the previous posts to get you up to speed.

Short Sale Flip Volume 1:  The Snowstorm

Short Sale Flip Volume 2:  The First Red Flag

Short Sale Flip Volume 3:  The Google Search

Short Sale Flip Volume 4:  Speaking with the Authorities

Short Sale Flip Volume 5:  The Settlement Table

This is the post mortum to the whole blasted thing.

POST MORTUM

I was so furious after this failed transaction that I couldn't see straight.  Who did these Listing Agents, Settlement Agents and Investors think they were?  To think that Vince could have signed those papers and bought the house makes me sick. 

Vince, on the other hand, was so depressed that nothing looked good right after Lorraine's failed sale.  It was a great house, but being sold by a bunch of crooks.  He found a great house in May, and settled in June.  I was thrilled to see those Sellers were honest, hardworking folks who even fixed a dishwasher motor without being asked because they felt it was too loud.  Vince deserved that kind of transaction after this nonsense.

About one week after our failed Settlement, I took it upon myself to place a call to the bank holding the $380,000 mortgage on Mehdi's/Lorraine's property.  When I explained the reason for my call and asked the fraud department if they would be interested in hearing about an Undisclosed Short Sale Flip where they would have been defrauded out of $45,000 in one day, they jumped on it.  They wanted the contract and all the paperwork I had.  I gladly sent it all over. 

The contact at the bank told me that, just like Walter the FBI agent had suspected, it's not uncommon in these schemes for someone like Lorraine to have a contact on the inside of the bank that is going against the fiduciary duty to the investor backing the loan, and getting a Short Sale approved through faulty BPOs and so forth.  The fact that it could go that deep made me feel ill.

Our transaction blew up on April 3rd and despite Lorraine's attempt to get Vince back on board in the week following, the home went back on the market as a "regular sale" with the remarks reading, "Quick settlement possible."  It went under contract almost immediately.  However, there it has stayed, I can only imagine, because the FBI and the internal fraud division of the bank are not approving a Short Sale on it. It's been five months.  That's not what I call a quick settlement. 

So there is Lorraine with her amped up "I'm a millionaire because I'm a saavy investor" attitude, unable to close this transaction.  I imagine she is beating her head against the wall trying to figure out why.

Vince, who'd had an addendum that enttiled him to reimbursement for his appraisal and home inspection by Lorraine if the property didn't go to Settlement, has yet to collect.  Should we be surprised?

I go back and forth between being at, and feeling sorry for Jane, the Listing Agent.  In the moments where I'm mad, I feel she knew what was happening all along.  In the moments I feel bad for her, I imagine she had no clue what was happening around her.  Then again, as Greg said, "Ignorance of the facts is not a defense when you are involved in fraud."

Be on the look out for these transactions in your market.  While you may not have the Wet Settlement implications Virginia does, the fraudulently issued title insurance policies can backfire on your buyers in a heartbeat.

Comments(18)

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Anne Clark
Metro Referrals - Gainesville, VA

I bet it's in the process of being foreclosed.  If the bank found out about a fraud on the account, how could they approve the short sale?

Sep 01, 2010 11:50 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Anne:  I suspect so too. I think once fraud is uncovered, any possibility of short sale goes out the window.

Sep 01, 2010 11:57 AM
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

Awesome series...and very educational.  Gotta say, the listing agent had enough red flags thrown in her direction, she HAD to suspect - and if she didn't, it was likely because she did not WANT to suspect.  Hey, thanks for finishing this up just for me!  LOL

Sep 01, 2010 12:04 PM
Satar Naghshineh
Satar - Amiri Property and Financial Services Corp. - Irvine, CA

Great Blog series. Man, is she new! Even her flash cash was not 100% and required a double escrow, which defeats the purpose!

Thank you so much for posting these series!

Sep 01, 2010 12:10 PM
Jackie Connelly-Fornuff
Douglas Elliman Real Estate in Babylon NY - Babylon, NY
"Moving at The Speed of YOU!"

This has been one helluva series! Thanks for taking the time to post all these Chris Ann. Let me know when it's popcorn time!

Sep 01, 2010 01:46 PM
Pat Fenn
Marketing Specialist for CJ Realty Group/Cindy Jones Broker - Springfield, VA

Great series and I guess since the property hasn't closed yet the Lorraine's investors must be livid.

Sep 01, 2010 04:01 PM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Hopefully there will be one more chapter in this series.  The final outcome of the FBI investigation and whether Lorraine's little scheme ends up with an indictment for fraud.

Sep 02, 2010 12:33 AM
Coral Gundlach
Compass - Arlington, VA
Real Lives. Not Just Real Estate.

This has been one of the best series of blogs I've ever read.  Thank you so much for taking the time to document and share all of this with us.  Anyone who has read this will know the signs of these undisclosed short sale flips.

Sep 02, 2010 02:53 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Susan:  Anytime.  You're one of my very favorite Rainers.

Sep 02, 2010 02:53 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Satar:  Sadly, she's been at this for a long time.  I think she's getting sloppy.

Sep 02, 2010 02:53 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Jackie:  I would love to send out that notification.  I'd film the whole thing and post it here.

Sep 02, 2010 02:54 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Pat:  I'm sure that Big Money Investments are a bit P.O.'ed.  Wonder if any of her other flips have closed since reporting her?  That's not anything I can search.

Sep 02, 2010 02:55 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Cindy:  I suppose we'll have to keep an eye on the newspapers.  These investigations take a long time.

Sep 02, 2010 02:56 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Coral:  And it may explain why I was so adamant, as a Listing Agent on a Short Sale, when a Buyer's Agent called and asked me to give him my client's loan number so he could call his "inside contact" at the bank and get the lowest dollar amount the bank would accept.  Can anyone say, "Breach of fidiuciary duty?"  What is it that they don't get about these inside contacts are also breaching a duty to the investors holding the loan anyway?

Sep 02, 2010 02:58 AM
Michelle Gibson
Hansen Real Estate Group Inc. - Wellington, FL
REALTOR

Chris Ann - I am left speechless after reading all six volumes and I feel horrible for you and Vince.  I'm curious if anything will happen to Lorraine, she definitely should be used as an example by law enforcement.

Sep 02, 2010 03:17 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Michelle:  I think so too, but I'm not going to hold my breath.  This stuff takes a long time and maybe she wasn't always this careless.

Sep 03, 2010 02:52 AM
Kathleen Kennedy - REALTOR®, SFR
Keller Williams Avenues Realty, Wheat Ridge, CO - Denver, CO
Making All Your Real Estate Dreams Come True!

I was just involved in a very similar situation for some buyers, who are friends of mine. The deal went south, and I'm glad it did. Unfortunately, my friends are not talking to me presently, since they think they lost a once-in-a-lifetime, fantastic deal because I was asking too many questions. NOTHING on the contract was disclosed, except to say that their funds would be used to close a first transaction. The intermediary did not want to talk with me, in fact, didn't return my phone calls until after the deal went south. On the contract that HE presented to the buyers, (after spending a considerable amount of time on the phone with them noting why he does not like working with realtors,) the ability to purchase extended coverage for title insurance was not allowed. As well, no appraisal was allowed, and no survey was allowed. (Even though this was to be a cash deal, at the very least, that verbiage should be allowed in the contract, whether it's needed or not.)

The investor would not allow us to close at any other title company, either. The title company he uses was doing a simultaneous close. When I called them, they said they do simultaneous closings ALL the time, and they got very guarded when I noted that most title companies no longer do simultaneous closings. They would not entertain contacting the investor to do a back to back closing, so that at the very least, each transaction could stand alone. They were also guarded about the short sale approval letter, when I pressed them about it. They said they had it, and that's all I needed to know. The investor even went ballistic on my buyer when she started asking about the short sale approval letter. And finally, no one at the title company wanted to answer my questions when I mentioned that a realtor was noted as the listing agent on the Closing Instructions, as we were never told, and his name was not disclosed. The amount that the property was selling for was so ridiculously low, I couldn't imagine how any bank would agree to sell at that amount, particularly since the comps even for foreclosed homes in the area don't support that price. Yet, this guy is making a KILLING in the particular area he works for doing this kind of thing.

Really, the situation regarding this house needs to be investigated. Along with all the other NUMEROUS deals he has going on. Unfortunately, I wouldn't be surprised if my friends buy a house directly from this guy, and get themselves into trouble down the road.

Oct 15, 2010 10:53 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Kathleen:  I'm really sorry you had to go through it.  I know I was a wreck after my deal, but thankfully my Buyer understood and we were a team in getting to the bottom of the CRAP that was floating around us.  He ended up buying another home and is thrilled.  Hang in there.  And if you have a local FBI office, I'd report the agent and investors.  These are the investigations taking up much of our own FBI mortgage fraud squad's time in Manassas.

Oct 15, 2010 01:49 PM