November 18, 2010 at 6:01 am

California Short Sale Anti-deficiency Law – Will Other States Follow?

What starts in California often spreads east across the country. Will that be the case for California’s new short sale anti-deficiency law?

On August 19, 2010, the California Legislature approved Senate Bill 931 (SB 931) which added Section 580e to the Code of Civil Procedure (CCP §580e). It expands existing anti-deficiency laws regarding loans secured by dwellings of Read the rest of this entry »

October 12, 2010 at 4:56 am

Becoming Liable for the Impossible: FMV Certifications in Short Sales

Are sellers, brokers and buyers in a short sale transaction being set up by the big banks?

Most lenders routinely require that the seller, listing agent and often the buyer and their agent sign some kind of certification, representation, or declaration/affidavit that the short transaction is being conducted at “fair market value” (FMV) or “market value” or “based on Read the rest of this entry »

October 5, 2010 at 9:38 am

Short Sales Negotiations – A Navigable Quagmire of Agency, Duty and Compensation

Posted by in Everyone

Until two or three years ago, short sales “negotiation” was the purview of a small niche of real estate agents, attorneys and investors. Depending upon the particular market, real estate agents advise me that anywhere from 30–50% of the properties on the market (which includes properties which are not on the MLS) at any given time may be Read the rest of this entry »

September 29, 2010 at 5:00 am

Freddie Mac: Fighting “fraud” or “crying wolf”?

Posted by in Everyone

Here we go again.

Freddie Mac is out lumping legitimate resale transactions in with the fraudulent ones in order to deflect accountability for its massive loan losses due to buying loans it had to know were bogus.

I’m tired of exposing their fallacies and lack of effective reasoning, but apparently they aren’t tired of exposing themself. Maybe they are getting Read the rest of this entry »

September 21, 2010 at 6:22 am

Flip, Flop or Hold – A Tale of Three Myths

There’s a lot of discussion and warnings in residential real estate circles regarding various forms of “short sale fraud.” Unfortunately, too much of it neglects realistic market analysis and results in labeling legitimate business practices as “fraud.”

Usual disclaimer:  this is a lengthy post because it provides in-depth analysis of complex issues. It’s not just repetition of brief Read the rest of this entry »

August 25, 2010 at 12:56 pm

August Webinar Comments?

Posted by in Everyone

Did you watch the webinar today, August 25? Was it too deep? Was it helpful? Do you have differing views?

I appreciate hearing from you below. This is about reasonable discussion. Disagreement can sharpen minds.

August 24, 2010 at 3:28 pm

Wed. 8/25: Part 2 Webinar on Short Sale Fraud

Completing the Look at “The Law” Affecting Short Sales
It may be the “dog days” of summer, but it’s no time to be lazy about how you operate your short sale business. Investigations into short sale transactions are at an all-time high and you need to know the details that will keep your business operating legally.

You asked Read the rest of this entry »

July 28, 2010 at 12:38 pm

July Webinar Comments?

Posted by in Everyone

Did you watch the webinar today, July 28? Was it too deep? Was it helpful? Do you want to see more like that? I appreciate hearing from you below.

July 27, 2010 at 3:47 am

Wed. 7/28 Webinar: Understanding Fraud in Short Sales

This topic might not sound sexy, but if an orange jump suit doesn’t flatter your figure, then you will want to be sure to make this webinar.

http://bit.ly/cslXD0 

Read the rest of this entry »

July 19, 2010 at 4:04 pm

Wells Fargo Claims Agents Owe It Fiduciary Duty

Obviously, I receive bank documents for review from clients involved in short sales. Wells Fargo Bank Home Mortgage (WFB) has revised important documents.

Since at least the fourth quarter of 2009 WFB has provided a “Short Sale Listing Addendum” and a “Purchase Contract Addendum” to be executed in the traditional short sale process. (I don’t know if this Read the rest of this entry »

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