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Wednesday, September 08, 2010
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| Todd Ballenger |
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| Lou Barnes |
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| Bill Dallas |
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| Jeremy Forcier |
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| Jonathan Klein |
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| Brian Kludt |
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| Dylan Kramer |
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| Scott Nicholson |
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| Ron Quintero |
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| Dave Savage |
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| Bliss Sawyer |
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| Brent Sute |
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| Bob Williamson |
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| Roberto Monaco |
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| Dave Hershman |
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| Todd Duncan |
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| Drew Sygit |
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Todd Ballenger
Financial Industry Expert
Todd has 18 years experience in the financial services industry as a licensed securities, insurance, real estate, and mortgage lending professional. Todd founded three companies; Capital Savings Co, Inc., Advantage Capital Mortgage, USA, and PlanMax Financial. These three companies closed over $2 billion dollars in residential and commercial loans before being rolled into a Nasdaq IPO in 1999.
Todd is considered an industry pioneer in the area of capital market and credit market convergence, and has published courses on lending and equity management currently approved for Realtors, Appraisers, Builders and Lenders in over 28 states.
Todd was a two-time Inc. 500 winner, a three time KPMG Fast 50 winner, and the 1998 NC Mortgage Lender of the year. Todd was awarded the 2003 '40 Under 40' award by the Triangle Business Journal in NC as one of the top 40 young leaders.
Todd has a business degree from the University of North Carolina. He is the author of, Borrow Smart Retire Rich. Lou Barnes
Boulder West Financial Services
After five years as Marketing Manager of a mountaineering clothing and equipment manufacturer and retailer (a great way to enjoy your 20s), Lou Barnes built 45-broker, two-office Spruce Real Estate in Colorado from 1978-83, spending most of his time guiding the firm through extremely high interest rates.
The world of money was more fun for him than real estate, and Barnes sold Spruce and joined investment banking ranks for five years as Managing Partner of RCM Government Securities, a broker-dealer working on the early flow of mortgages to Wall Street and their related derivatives. Two of those years involved work on the heart of the S&L meltdown, one of the "consultants" commuting to Texas, Arkansas and other Southwestern garden spots (fortunately he spoke the language: his family were Okies), asked to figure out how deep the hole was going to be.
He wrote one of the earliest accurate estimates of the ultimate cost in 1986, and was one of the first to address the necessary asset workouts. Some people thrive in a career on airplanes, and Barnes was not one of them. In 1988 the homebody began another career as a mortgage banker in Boulder, just in time to catch the terrible peak of foreclosures afflicting the greater Oil Patch and S&L Belt. The firm, Boulder West, survived and thrives as a small mortgage bank, very old-fashioned, strictly "A" paper, and based on long-term relationships with Realtors and past clients. As a marketing tool and for sanity, Lou has written a weekly column on the financial markets every Friday for 20 years.
William D. Dallas
Chairman
Dallas Capital Management
In 1981, Bill co-founded First Franklin and served as its Chairman, CEO and Chairman Emeritus until 2003. His leadership built First Franklin into one of the nations' largest residential lenders and turned the value from First Franklin into Dallas Capital.
Dallas Capital is the private investment firm and family office for Dallas family holdings. The company has developed significant expertise in wealth and capital management as well as investing in and operating businesses. Current assets include Fox Sports Grill, Dualstar Entertainment Group (Olsen Twins) along with several banks and mortgage assets.
Bill earned a Bachelor of Liberal Arts degree, Magna cum Laude, from Bowling Green State University in 1977 and his Juris Doctor degree from the University Of Santa Clara School Of Law in 1987. Outside his business interests, he and Scott Hamilton are championing the next generation of entrepreneur at Dallas/Hamilton Center for Entrepreneurial Leadership at Bowling Green State University.
Bill is married to Bev and they have five children: Adam, Billy, Nick, Jake and Bobbi Jo. Jeremy Forcier
Primary Residential Mortgage, Inc.
Jeremy began his career in the mortgage industry in 2004 at the age of 25. Within a short period of time, he has accomplished goals and achieved success that most dream about. Ranked 29th in the nation by Mortgage Broker Magazine, Jeremy has been featured as a mortgage expert on NBC and CBS along with Bankrate.com.
With true passion for the mortgage industry and over 50 million in loan volume per year, Jeremy’s goal is to assist as many people as possible with mortgage decisions. To keep homeowners informed, Jeremy hosts a variety of seminars on financial management and other areas of concern for homeowners. He loves what he does and strives for perfection, which is why he has been successful in all that he has undertaken.
A San Francisco Bay area native who's always been very involved with his community, Jeremy lives in Petaluma with his wife of five years, Cara and three children: Cody, Skyler and Mia. Jonathan Klein
Founder
Certified Divorce Planning Professional Institute
Jonathan has been a mortgage industry veteran since 1997. As an originator he successfully originated 40 to 50 million dollars annually. Dissatisfied with the direction of the industry he created and implemented the “Blue Ocean Strategy” of divorce planning for mortgage professionals. Jonathan’s practice is now 100% dedicated to divorce planning;.
In 2007, Jonathan founded The Certified Divorce Planning Professional Institute to assist the family law and therapist community along with their clients, in the process of divorce, create better dissolution of marriage outcomes. The formula to improving the outcome of a divorce lies in the trademarked acronym CRADLE: Credit, Assets, Dependents, Life and Estate.
Passionate about sharing this niche market with other professionals, Jonathan developed a Divorce Planning Certification class featuring detailed explanations of the divorce process and launching a Divorce Planning strategy. These classes are being taught through a partnership with Mortgage Coach using an on-line classroom environment.
Jonathan’s Divorce Planning practice is based in Boynton Beach, Florida. Brian Kludt
Sr. Mortgage Planner & Branch Manager
Waterstone Mortgage
Brian has been characterized in the mortgage and real estate industry as a “systems and implementation madman.” Having spent the past decade immersed in studying and experimenting with the best-practices and ideas among the great leaders of the industry, Brian has developed his own unique world class mortgage system that emphasizes the relational and experiential components to driving a 100% referral- based mortgage business.
Brian is currently the Sr. Mortgage Planner and Branch Manager of Waterstone Mortgage in Menomonee Falls Wisconsin where he and his team actively manage over $200,000,000 in mortgages.
To showcase his mortgage planning practices and systems, Brian hosts the Loan Originator INsite Visit, a 2-day on-site immersion into the world of the Brian Kludt Mortgage Team. Attendees of Brian’s INsite Visit are provided a complimentary copy of his proprietary Mortgage Management Dashboard ACT! template overlay, which has been cited by many as the most proficient and comprehensive database management system available to today’s mortgage professional.
In addition to managing a world-class mortgage team and practice, Brian is also Founder and President of Kludt & Company, a professional consulting agency specialized is providing consultative services to the real estate and mortgage industries.
An experienced and sought after local and national speaker, writer and trainer, Brian has been profiled in national publications such as Mortgage Planner Magazine, Top Producer Strategies, and The Mortgage Coach conference calling series. Brian is also a contributing editor to madmortgageworld.com.
Brian lives in the Milwaukee, Wisconsin suburbs with his wife and three children. An avid reader, film buff, runner and musician, Brian is currently writing a children’s book based on his experiences in the north woods of Wisconsin as a boy. Dylan Kramer
President & CEO
America's Mortgage Choice
Dylan is the CEO of American’s Mortgage Choice (AMC) as well as a thirtenn year veteran of the mortgage industry. Before starting AMC, Dylan was an Agency Director for Starpointe Mortgage and Assistant Vice President with Pacor Mortgage in Chicago for several years. He has consistently generated an average of $50 Million Dollars in production and was named the Starpointe Mortgage “National Originating Champion” for 2005 and 2006.
In addition to consulting with clients about mortgage solutions, Dylan speaks to clients publicly through AMC’s seminar program. Whether first time buyers, investment property owners, home sellers or folks who want to use their mortgage to convert their wealth into capital, Dylan provides the answers clients can put to work for their family finances.
When not working Dylan enjoys golf, fitness and Chicago’s professional sports teams. He resides in Elmhurst, Illinois with his family. Scott Nicholson
Bank of America
Scott is a mortgage banker whose best attribute is understanding and recognizing his client’s needs to help them achieve success in their goals. His drive, creativity and resources are his hallmarks for success in delivering his clients the mortgage of their financial means.
Scott’s mortgage career began in early 2001 working directly with Tom Bass and SPFC. He then opened his own branch office in 2005. Scott is well known for the friendly rapport he establishes with his clients and business associates.
Aside from mortgages Scott has also started a company called Nicholson Boxes. What stated from a small idea of providing a closing gift to his clients of custom printed moving boxes has blossomed into a marketing and advertising tool for lenders, realtors and title reps. Nicholson Boxes has merged with a national box producing company.
Scott has recently transitioned to Bank of America and looks forward to continuing to provide solutions and service to his “Clients for Life.” 
Ron Quintero
Consultant
Entrepreneur and Coach
Ron Quintero, industry leader and dynamic business coach to America’s top producing loan professionals, shares his diverse corporate experience by coaching mortgage companies of all sizes, locally and nationally through cutting-edge consulting programs to help change their vision of the mortgage industry forever. Ron is the only trainer/consultant in the mortgage industry who has sold real estate, originated loans, owned several real estate franchises, mortgage and property management companies that have sold for profit developed and formed insurance companies and title LLC relationships first hand. Dave Savage
Founder
MortgageCoach
Dave has twenty years of experience as a mortgage executive and business leader, and he is passionate about leveraging technology to increase the success of mortgage professionals. Under his direction over the past nine years, 22,000 loan officers have used The Mortgage Coach's flagship software to increase their success and help homeowners make more informed decisions.
Dave is a recognized pioneer and leader in the mortgage industry. He is known especially for his contributions toward the growth of professionalism in the lending industry and the improvement in the quality of advice that originators provide homeowners. Dave consults and speaks to thousands of mortgage professionals each year on topics relating to sales, marketing, and leadership.
Before and during the creation of The Mortgage Coach, Dave was one of the nation's top loan officers and was the president of a national mortgage company. At the peak of his origination career, he was one of the nation's top 100 loan officers, and he worked exclusively with hundreds of CPAs and financial planners. Bliss Sawyer
Mortgage Industry Trainer,
Author & Consultant
Bliss Sawyer is a nationally known author, speaker and trainer for mortgage lenders as well as contributing editor for Mortgage Originator Magazine. She has trained and coached thousands of originators around the country with her innovative mortgage marketing and relationship-based selling techniques.
Known as an expert on mortgage marketing, Bliss is passionate about helping originators succeed. The information in her articles, newsletters, seminars, training programs and marketing products are specifically designed to help each originator reach their greatest potential.
Brent Sute
Branch Manager
Mortgage Loan Advisor
New South Federal Savings Bank
In 2006, Brent Sute was elected to the national board of directors of Lenders Who Care. He is a Certified Mortgage Planning Specialist and has a degree from the University of Alabama in Family Financial Planning and Counseling.
Brent and his team advise their clients on how to best structure their home loans to accomplish ALL of their short and long-term financial goals. Brent specializes in first time and move-up homebuyers, and utilizes Conventional, FHA, VA, AHFA Bond Loans, and other programs to help his clients obtain affordable and sustainable financing.
Brent and his team were #2 in units closed among over 100 loan officers for New South Federal in 2007. Bob Williamson
CoachBobWilliamson.com
Bob Williamson has been a business coach to the mortgage industry since 1988, and is the author of 5 sales and marketing books for mortgage loan originators. His client list includes some of the best-known names in the industry.
He has created or helped to pioneer such innovations as the Customer Care System (for managing the details of a loan transaction and creating a great customer experience), The Strategy Session (a sales presentation that positions the loan officer as the client’s homebuying coach), and Realtor Partnerships (a sales presentation that positions the loan officer as an equal sales partner with the real estate agent).
Roberto Monaco, President of InfluenceOlogy
Roberto Monaco arrived in America in 1995 with no money, no connections, no friends, and more importantly, with no English. Armed with a relentless desire to achieve his goals and dreams, Roberto started a quest for role models, resources and strategies that could help him become more successful in life. His search and research lead Roberto to read more then 400 books in the areas of sales, influence, peak performance, psychology, presentation skills and leadership. He has trained with the best success coaches in America, obtained advanced training such as an MBA in Marketing, Master Practitioner of NLP and Hypnosis, and most importantly, during the process he has discovered his life's purpose: to empower people to become the best version of themselves.
Roberto Monaco has been a full-time speaker, coach and trainer since 2002, and has conducted more then 2,500 presentations for corporate America. He has worked with the Anthony Robbins Companies for 5 years and in 2004, 2005, 2006 and 2007 he was the top producer and revenue generator in the country. In 2005, 2006 and 2007 and 2008 Roberto has also coached and trained all the other Peak Performance Strategists at The Anthony Robbins Companies.
Roberto has advised and consulted with Fortune 500 companies, executives, managers and sales professionals in the areas of peak performance, leadership, psychology of achievement, presentation skills and sales. Roberto conducts training sessions for distinguished audiences including Toyota, Ford, Remax, Coldwell Banker, Prudential, Century 21, City Bank, Marriott, American Express Financial, Bank of America, Washington Mutual, Wells Fargo and Chambers of Commerce all over the United States.
Today, Roberto is the President of InfluenceOlogy, a training, consulting and coaching firm created to help human beings achieve their full potential and live a life of fulfillment, happiness and prosperity. Roberto Monaco is originally from Porto Alegre, Brazil, and he conducts workshops and trainings in three languages: English, Portuguese and Spanish. Roberto lives in San Diego CA. Dave Hershman, CEO of The Hershman Group
Dave Hershman is a leading industry expert with seven books written in the industry, including two published by the Mortgage Bankers Association of America. Dave has been the featured speaker at hundreds of industry events across the country in the past twenty years. His career in the mortgage business started as a top producing loan officer who produced over 550 loans his first 18 months on the street and has gone on to lead organizations closing billions of dollars in retail and wholesale production. He has been a columnist for the Mortgage Press, Real Estate Today, Mortgage Originator Magazine and Scottsman Guide and served as a Board of Director for Millennium Bank in Virginia. He has also headed the largest technology sales force in the industry for Ellie Mae. Dave's Book of Home Finance has been the industry's leading real estate finance book for over fifteen years. Todd Duncan, Founder of The Duncan Group
For over two decades, Todd Duncan has been a friend and mentor to millions
of ambitious professionals worldwide. Since the age of twenty-three he has
lived in the trenches and knows what it takes to succeed amidst the rising
pressures and incessant temptations of the marketplace. It is from this platform
that he teaches and touches the lives of some 300,000 professionals every year.
In 1992, Todd founded The Duncan Group to meet the growing demand for
innovative training and leadership in the mortgage banking industry where he
began his career. In subsequent years, The Duncan Group has expanded its
scope of operations to influence the general market and has earned its
reputation as one of the elite personal development companies in the world.
Todd’s ultimate goal is to help people lead healthy lives of fulfillment and satisfaction.
Todd and his wife, Sheryl, have two sons and live in La Jolla, California.
Visit Todd on the web at www.toddduncan.com.
Drew Sygit
In addition to real estate lending, consulting and investing, Drew Sygit writes & speaks about the mortgage & real estate industries. He holds mortgage industry designations CMPS, CMC, CRMS, CMLO, CALO, has an MBA and is an approved industry instructor. He’s presented, spoken and/or written for HUD, Financial Planning Association, Financial Planners Association of Michigan, Michigan Association of CPA’s, Institute of Continuing Legal Education, Oakland Real Estate Investors Association, North Oakland County Board of Realtors and numerous industry publications.
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Apr
24
Written by:
dsygit@thelendingedge.com
4/24/2010 10:30 PM
Short Sale Legal Issues – Part #1
MORTGAGE, EXPERT, MICHIGAN, BIRMINGHAM, BLOOMFIELD, DETROIT, ROCHESTER, ROYAL OAK, TROY
This series of posts is meant to assist real estate agents & sellers in recognizing:
- Legal & Tax Issues sellers are exposed to through a short sale.
- The legal liabilities agents may expose themselves to when representing short sale sellers.
How did I come up with this series idea?
I do a lot of networking which leads me to meet quite a few attorneys. Many of them seem to be getting into loan modifications and short sales and approach me for referrals. Besides direct referrals to homeowners, they all want introductions to real estate agents. When I ask why, almost all tell me how agents doing short sales are practicing law without a license and doing a disservice to sellers. Since I’m very inquisitive, I’ve been asking these attorneys to give me specific examples. A surprising percentage of attorneys can’t come up with specifics. Those that do, only have a small frame of reference. So, I started compiling a list and doing my own research, both by tracking down local legal experts and online.
This led me to create a whitepaper on Short Sale Legal Issues Affecting Real Estate Agents to distribute to my real estate partners. I got such great feedback that I decided to post it for both agents and sellers. Rather than just post it once as a blog and hope everyone on sees it here, I came up with the idea of making it a series to increase the odds of more people getting exposed to it.
So, please read on and if you like it share it with others that you know. Also, definitely share your thoughts and experiences with constructive comments for the benefit of all!
Many real estate agents recognize the market is changing and short sales are becoming too numerous to ignore. Agents are jumping into the short sale market in a big way and several have really focused their business models on short sales.
Short sales will continue to increase due to the Obama administration’s stated goal, through its HAFA Program, of increasing short sales to decrease foreclosures. The government is giving upside down homeowners an incentive to short sale rather than foreclosure, so more sellers will be interested in short sales.
To set the stage, so to speak, for the legal & tax challenges on short sales, let’s cover some general challenges.
General Short Sale Challenges
There are several challenges for sellers and their agents when it comes to achieving a successful short sale:
- Sellers may be more interested in staying in the property as long as possible without making payments. This will affect their motivation in getting their agent what is needed to get the property sold. To make sure sellers are serious about selling, many agents are charging sellers a nonrefundable, upfront fee. Agents should make sure to get their broker’s approval if they choose to do this. Sellers need to understand why agents are doing this.
- Getting all the proper paperwork together can be time consuming. There is so much to putting together a short sale package and it all takes time. Time is money and if an agent’s not careful, they can spend too much time on a single short sale listing to the detriment of the rest of their business. Sellers should be aware of this and make sure they get their agent what they ask for ASAP.
- Lenders on the property seem to misplace paperwork at an alarming rate. Often this is probably used as an excuse due to personnel being overwhelmed with volume. An agent isn’t going to win against the lenders with this. A better strategy might be to scan the entire package and use a fax server type of program that allows the sending of a PDF via computer.
- Agents & sellers are often pushed by the lender to list a property at a price to cover what’s owed versus a realistic market price. The standard position of many lenders is that a property should be initially listed at a price equal to the mortgage balance. This can put an agent in a legal quandary as they have a fiduciary responsibility to their client seller not the lender. If a high starting list price leads to the property going to foreclosure sale before a buyer can be found, an agent could potentially be held liable if they didn’t take proper measures to protect themselves. An agent should check with an attorney about a waiver to use to address this situation. Sellers need to be aware of this and if they choose to follow the lender’s advice, it could make the short sale process that much more complicated and take longer.
- Getting price reductions approved can be tedious. Again if the seller is not serious or getting bad advice from their lender, the listing can turn into a waste of time. Agents may be able to have a seller sign a pre-agreed upon price reduction timeline to avoid this. An agent should check with their broker or an attorney to be sure this is legal in their state.
- Once an agent secures an offer from a buyer, it can take months for the lender(s) to approve it. See number 3 above about “lost” faxes. It also seems to take lenders quite some time to get Broker Price Opinions scheduled and to run their Net Present Value analysis.
- Second mortgages usually complicate matters greatly. The two (or more) lenders compete for the dollars available through a short sale. Even though the junior lienholders are aware they’ll probably recover nothing if the property goes to foreclosure, they’re also aware that the first lender will receive less in a foreclosure. They use this to leverage what they can recover on a short sale. The HAFA Program addresses this issue and it’s hoped it will reduce the frequency of this delay.
- Agents have to work with title companies to prepare mock HUD-1 settlement statements to accompany every offer submitted to the lender(s). This task is best left to a title company as they have the software to execute this and account for transfer taxes, pro-rated taxes and the like.
Need I go on?
Can you see how a short sale can take a significant amount of time to close?
Please comment on other issues that you’ve encountered that are NOT legal or tax issues.
By the way, here’s a teaser or cliff hanger, for the next post of the series:
•- What are the tax ramifications of 1099’s for forgiven debt?
NOTE: if you’d like a copy of my whitepaper Short Sale Legal Issues Affecting Real Estate Agents post a comment on my Facebook Fanpage www.facebook.com/TheLendingEdge and once the series is complete, I’ll do my best to send it to you.
If you’re a real estate agent, send me an email request for the whitepaper and then I’ll then send you a request to join the ActiveRain network for real estate professionals. Once you use my invite to join, I’ll immediately send you the whitepaper as a thank you.
Thanks for reading and I hope you’ll spread the word.
Copyright ©2010 Drew Sygit
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