IT'S JUST NOT RIGHT, YOU PIG!

I just got off the phone with an agent in Miami and I was completely and utterly stupefied by the conversation. Of course, I am going to fill you in and I want to hear your honest opinion.

So, this Miami agent was talking with me about short sales. She was wanting to know more about short sales and specifically about the short sale specialist network. As many of you know, I support the Short Sale Specialist Network because I have worked with them for over a year and they are great. As you can imagine, I had a lot of positive stuff to say.

Well, why we were talking, she asked me if I charge for doing short sales. Now, this question was confusing to me because I thought....of course I charge, I charge a commission. I told her what I was thinking and said, yeah, I charge a commission, 6%.

Apparently I didn't understand the question and she says to me, my title attorney charges $1,500.00 to negotiate the short sale and she wanted to know if I did that up here in Nashville.

I told her that in my opinion that was unethical. Well, of course she was slightly offended and proceeds to tell me how in Miami everyone does it. I very nicely explained to her...that's fine but, I wouldn't do it. Funny enough, she never asked me why....just kept justifying the behavior by telling me, or at least trying to tell me how it's done in Miami. The problem is, every time I got to the meat of my argument, she kept on telling me about how it's done in Miami.

So, what is my problem with this business model, let me explain.

If I have a client, who can't pay their mortgage, doesn't have a job, can't put food on the table and, needs to get out from under the debt burden of their home, I don't pile on more debt that they can't pay. It's unethical.

I don't care that the bank pays it....because, the bank isn't paying it, the seller is....let me explain.

Johnny gets a loan for $100,000.00

Johnny short sales for $50,000.00

Johnny owes the bank $50,000.00

Just because the bank tells Johnny he doesn't have to pay it, doesn't mean that $50,000.00 Johnny owes just simply goes away, someone has to pay it. Now, who do you think that might be...well, let me tell you, the banks depositors pay it. That's right folks, all of you doing short sales, do you understand that the owed money just doesn't float away in to space to never be seen again?

Now, my next point is going to flabbergast many of you because you aren't going to understand and it's too hard for me to put in a blog but, I will do my best.

If you get a bank, even as large as Bank of America, who operate without having liquid cash on hand to cover every single deposit, what happens to the bank when they begin loosing so much money that they are at risk of failure? The Federal Government jumps in and takes them over in receivership, or in the case of Bank of America, TARP aka nonvoting preferred share holders. My point is, the Federal Government begins giving them money to just stay alive. Let's use a better example, Fannie Mae. Fannie Mae is not only selling record numbers of non-performing assets, they are also selling them incredible short and that is why they keep going to the Federal Reserve via Congress every quarters asking for $350,000,000.00, yes that is millions, in money to keep the lights on. WHERE DO YOU THINK THAT MONEY COMES FROM? IT COMES FROM ME, THE TAX PAYER. In other words, why would I want to or seek out ways to add more debt to a seller that ultimately is going to come right back around to me to pay when Obama goes to the Congress and ask for  debt ceiling increase....that he did just last week to know 16,000,000,000,000.00 (Not sure what that number is but, its suppose to be 16 trillion). Did you miss that....I am sure you did, we all almost did.

Who cares that everyone else is doing it....that's why this country is where it is economically. She then proceeds to tell me that it's not her job to negotiate with the bank.

WTF! If it's not the Realtors job to represent their client to the best of their ability, whose job is it? SOMEONE TELL ME! What happened to fiduciary responsibility here? She then tells me that the majority of homes in her area are selling below $50,000.00 and a commission is only like $1,000.00 a job and she can't sustain her living, she tells me she could make more scrubbing floors........THEN GO F**KING SCRUB FLOORS YOU LAZY A$$.  (Oh, I didn't say that but, boy I was thinking it)

I am sick of lazy Realtors who don't want to get out there and work, making an honest living and then bitch and moan that when they do work, it's too damn hard and they can make better money doing something else. Yeah, if you are one of those, don't reply to this blog because if you do, I am going to light you up like a East Texas 4th of July. That's right, I have no problems saying it anymore. I am a conservative, gun toting, constitution loving, capitalist pig that believes that this practice is unethical and should be stopped.

If you believe that these services that take more, on top of your commission, is the right way, I work diligently to ensure all my means and efforts expose this lie and show these sellers that these fees are a crock because you could do the work yourself, with no additional expense and that the only reason you let these attorneys, title agents, 3rd party "negotiators" work these deals is because last summer they came and put hard woods in your home or every Christmas Santa comes by and delivers you that vintage Harry Winston.

No matter how you spin it, no matter how you justify it, piling more debt on to someone who can't afford it and expecting someone else to pick up the tab is ireprenshible and in my book, that makes you lower than a East Texas Rattle Snakes Belly. (Yes, I live in Tennessee now but, originally from Texas, born in Houston)

Now, it's your turn, go ahead and tell me how wrong I am. Go ahead and tell me how I am a socialist because this practice is nothing more than Capitalism and the American way....go ahead buster, say it.

What I do know, the America I grew up in, The Republic for which I am here and blessed by, was never Capitalism through theft. It was honorable, right standing and showed people who to make an honest days wage for an honest days labor....not this "lets see how much debt we can pile on".....CRAP!

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Jesse Gonzalez is a highly accomplished and respected real estate professional with a wealth of experience in the industry. With a career over 15 years, Jesse has established himself as a leading real estate sales and marketing expert.

As a licensed real estate agent since 2005 and a broker since 2008, Jesse has a comprehensive understanding of the complexities of the market. In 2013, he founded his firm, Liberty House Realty, LLC demonstrating his entrepreneurial spirit and commitment to delivering exceptional service to his clients.

Jesse's expertise extends beyond traditional real estate transactions. He obtained his Registered Appraisal Trainee in 2019, providing him with valuable insights into property valuation and market analysis. Although he decided to focus primarily on sales, his appraisal background gives him a unique advantage in understanding the intricacies of property values and trends.

With a dedication to excellence, Jesse consistently achieves outstanding results for his clients. Last year alone, he closed over $20 million in sales and received the prestigious Sapphire Award from his local association, recognizing his exceptional achievements in the industry.

Beyond his successful career in real estate, Jesse is passionate about education and personal growth. He is completing his undergraduate degree in Forensic Psychology, with plans to attend Law School in the fall of 2024. Jesse's ambition is to become a real estate litigator, focusing on real estate consumer protection law and advocating for the rights and interests of homebuyers and sellers.

As the owner/operator of the nation's largest social network for REO professionals, <a href="http://www.REOProNetwork.com">www.REOProNetwork.com</a>, Jesse has positioned himself as a thought leader and industry influencer. Through this platform, he fosters collaboration and knowledge-sharing among REO agents, attorneys, asset management firms, and other professionals in the field.

With a commitment to professionalism, integrity, and providing a personalized experience for his clients, Jesse Gonzalez is a trusted advisor and a driving force in the real estate industry. Whether assisting clients with buying or selling properties, he consistently goes above and beyond to exceed expectations and ensure successful outcomes.

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Comments

  • Wow, I didn't realize we had such a passionate host!  See that picture on the left?  No, that's not me waving in a local parade; that's me on Pennsylvania Avenue fighting to reclaim our Republic.  I'm with you all the way, Jesse!

  • What is OIG?

  • Hey Marcy,

    I would report him to OIG.....

  • Today I received multiple offers on a short sale with a pre-approved price so everyone knew the minimum the bank would accept. One buyer offered me a $2500 fee for negotiating the sale. Now first of all, as I said previously I negotiate my own short sales as part of my commission and since the price and seller have already been approved there really isn't anything to negotiate. So, the fee is an incentive for me to take their offer, or bribe to be more accurate. this is the first time I have encountered this one.  Anyone else ever have that happen? I hope it is not a trend.

  • Last comment as I dont want to beat a dead horse  BUT.........THERE IS A DIRECT CORELATION TO THE AMOUNT OF SUCCESS YOU WILL ATTAIN BASED ON THE AMOUNT OF FAILURE YOU ARE WILLING TO ACCEPT......Good luck to all of you!

  • Been in the real estate business for over thirty years. Had a modicum of success but nothing extraordinary.

    About thirteen years ago I (accidently) got into the REO business and started doing a number of bpos

    A lot of people looked down their noses during the "good years" and were "too busy" to deal with foreclosed property. I trudged on. About six months ago I got on with Fannie Mae and I cant begin to tell you how good

    things look right now.....After all the cold mornings waiting for the sun to come up to take photos ....after all

    the hot days in overheated homes.... driving to a dilapidated home for $50.....NOW everyone seems to be asking, "How do you get into......"  Well, you know the rest.... Like Jim Valvano said..."Dont give up, dont EVER give up"

  • Funniest thing about work and luck........................The harder I work...the LUCKIER  I get....

  • Mike,

     GREAT POST! I agree with you 100%.

  • Here is that blogpost that I wrote about the topic -

    This is a topic that comes up from time to time and I wanted to share with everyone our stance on this important matter, and WHY we insist upon this.  If you read our Network Business Agreement, which is a requirement for all of our referral partners to sign, it states "Agent agrees he/she will not refer to a 3rd party mitigation company or processing company.  All work with sellers lenders must be done by agents stated brokerage company."

    Here are a few reasons why we ask agents NOT use 3rd parties to mitigate short sales for our files.

    1.) Regulation - We as brokerage companies are state regulated institutions.  3rd party mitigation companies are NOT.  Because of this, there is no standard level or expectations of services, and they have nothing to loose when it comes to licensing.  Many also work under the guise of "investors" and they also tend to act on the "liberal" side of real estate law, and can entrap agents in THEIR practices.  I've heard literally hundreds of horror stories, CLICK HERE for one I just read on our site literally today.  There is also a time factor when it comes to short sales and buyers backing out.  When it comes to getting contracts signed or documents back, the processor is just another unneeded party that if anything can ONLY contribute to further delaying the process and of course approval times.

    2.) Accountability - While there are short sale processing platforms that attempt to control communication between ALL parties in the transaction, many companies don't use them, and MOST programs are insufficient.  This means that when buyers or buyers agents would like an update, they contact a 3rd party, which may not know ALL of the details of the transaction and be able to effectively commucate them to all parties.  Things are also lost in communication very frequently. Also, real estate transactions are supposed to be at arms length.  Do these negotiation companies and attorneys understand what an arms length transaction is, and who do THEY represent when a buyer or buyers agent contacts them regarding the file?  What about when it comes to negotiating a 2nd position lien, who do they ask FIRST for a contribution?  These types of things make arms length transactions virtually impossible when using another party.  In addition, when WE assign a listing to an agent, it is important to be able to point the finger at THEM if things do not go well in the transaction.  With this level of accountability placed on agents, it is not possible for them to pass the blame on another party.

    3.) Fiduciary Responsibilities - Due to the importance of the situation, I believe very strongly that in a short sale transaction especially, it is extremely important for brokerage companies to take their fiduciary responsibilities VERY seriously.  For me, this is a pretty simple line to draw in the sand. Either you care about looking out for your customers best interests, or you don't.  Telling them that you are there to help them in their time of need and then passing the buck to another company, most of which are not regulated, is certainly irresponsible and careless.

    What does this mean for agents?  I understand that negotiating short sales is NOT part of your job description and in most situations you should NOT be negotiating them yourself if any way possible.  A good short sale team is not a one man/woma

  • SECOND PART OF ARTICLE -

    person in your brokerage office can't help with the negotiations.  This way, they can still be under YOUR supervision directly, and you can do what you do best - SELL REAL ESTATE!  And if you only have a handful of listings, there is no reason you can't do it yourself, it is NOT as time consuming as many would have you think.  Remember, this is coming from somebody who has done a couple hundred.

    Closing attorneys and title companies are great to partner with to help with legal matters, advance title work, HUDs, and closings.  While they are a valuable part of a short sale team, There is no reason or need to pass the buck and hand off your brokerage companies fiduciary responsibilities and relationships by allowing them to actually work the short sale negotiations. 

    Of course, our agents are only required to mitigate in house for the listings we refer them.  It is a free country when it comes to their own.  Choose wisely.  This is also a way for us to help guarantee the sellers we refer out are never charged any money out of pocket, and can also receive a standard level of service.  It is also a way we can guarantee any lenders who directly use our services and organization can insure that THEY don't get charged any UNNECESSARY FEES. Yet another reason to stay away from them.

    In closing, I'd like it to be known that I COULD stand to capitalize substantially from negotiating short sales.  After all, we have literally thousands of short sale listings around the country we've referred to agents, ALL of which have agreed to not use a 3rd party to negotiate them!  If I choose, it would be simple for us to insist that they use US to negotiate all of the listings we refer to them.

    That being said, it becomes obvious that I passionately believe short sales should ONLY be
    negotiated and worked by licensed brokerage companies.  For these reasons, and others, I also believe to do otherwise is completely careless and unethical.  Agents in ALL forms of brokerage relationships in our state are required to use "skill, care, and diligence in ALL transactions".  Using any 3rd party to negotiate short sales shows a lack of all three of these things.

    Just my two cents, for what its worth!

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