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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
27
Written by:
dsygit@thelendingedge.com
4/27/2010 9:54 PM
MORTGAGE, EXPERT, MICHIGAN, BIRMINGHAM, BLOOMFIELD, DETROIT, ROCHESTER, ROYAL OAK, TROY 
This series of posts is meant to assist real estate agents in recognizing:
- Legal & Tax Issues their clients are exposed to through a short sale.
- The legal liabilities agents may expose themselves to when representing short sale sellers.
Agents will be dealing with more & more short sales, both on the listing and sale sides, as the Obama administration's HAFA Program gains traction and meets its goal of decreasing foreclosures by turning them into short sales. So, you can either jump on board the "short sale train" or get run over by it.
Now let's look at some common legal & tax issues encountered on short sale transactions. Please share your thoughts and experiences with constructive comments for the benefit of all!
General Legal & Tax Issues on Short Sales
One of the biggest challenges and murkiest, is how to handle the legal and tax issues seller clients must consider on short sales. The major concerns on just about every short sale transaction:
- What is the foreclosure process in the state where the property is?
- Is the foreclosure process judicial or nonjudicial?
- Is the mortgage debt(s) recourse or nonrecourse?
- What are the tax ramifications of 1099's for forgiven debt?
- How should potential deficiency judgments be addressed?
- When should a seller client sign or not sign a Promissory Note to avoid a potential deficiency?
- Is a short sale really the best option for a seller?
- How will the seller's credit be impacted?
- Should the seller file bankruptcy and if so, what type & when?
- What happens if a Foreclosure Sale occurs during the short sale process?
Although some experienced real estate agents might be able to adequately address these issues, the majority of agents engaged in short sales are really in over their heads without even being aware of it.
Let's look at each of these a bit closer.
What is the foreclosure process in the state where the property is?
Keeping track of each state's foreclosure process could be overwhelming. Most agents though, only do business in one state, sometimes two, and so only need to concern themselves with their state.
Some states adhere to Title Theory where a Deed of Trust is used to convey the property deed to a trustee who holds the deed for the protection of the lender. Other states follow Lien Theory, where the homeowner retains the deed to their property but allows lenders to put a lien against the property through a Mortgage. Click here for a list of what each state uses.
Of critical importance is knowing how long the foreclosure process takes in the state where the property is located. Agents should also know if there's a redemption period after a foreclosure sale and how long it is. For more information on state foreclosure laws, click here.
Is the foreclosure process judicial or nonjudicial?
Agents should know if the lender just has to notify the homeowner and advertise the foreclosure sale or if they have to take the homeowner to court to foreclose. This neat map of the U.S. shows which method each state uses. Just hover over the state you're interested in.
Is the mortgage debt(s) recourse or nonrecourse?
Homeowners need to be made aware whether or not a lender can pursue them for a deficiency judgment for the difference between what they owe and what their property sells for at foreclosure. This is a totally separate issue from a 1099 for debt forgiveness and should not be confused with it.
Nonrecourse States
Alaska, Arizona, California, Connecticut, Florida, Idaho, Minnesota, North Dakota, Texas, Utah, Washington
What are the tax ramifications of 1099's for 1099 forgiven debt?
The Mortgage Forgiveness Debt Relief Act, which was extended to December of 2012, exempts acquisition or home improvement debt on one's primary residence from taxation. The limit is $1 million for single or $2 million for joint tax returns. Many agents tell their short sale sellers not to worry about a 1099-C ("C" stand for Cancellation) without asking their client if they pulled money out of their home through a refinance and what they used the money for. That's definitely a liability issue for the agent!
How should potential deficiency judgments be addressed?
This is not a question an agent should discuss with their client. You can talk about possibilities, but should refer your client to an attorney and or CPA. If your seller receives an unexpected deficiency judgment after you sell their home, who do you think they'll sue?
When should a seller client sign or not sign a Promissory Note to avoid a potential deficiency?
A deficiency judgment could affect a seller's credit and may lead to garnishment of bank accounts, paychecks, and even state income tax returns. Sometimes it may make more sense to negotiate a Promissory Note instead. Not something an agent should be doing!
Is a short sale really the best option for a seller?
There are many internet articles complaining about agents talking sellers into a short sale when a loan modification or other option would have been in the client's better interest. Sometimes staying in the property for as long as possible with no payments, is a homeowner's best course of action. Other times, given FNMA's recent clarification of waiting periods for qualifying for a new mortgage, a short sale may be best. If your client hasn't explored their options, you could be exposing yourself to a potential lawsuit if you don't properly inform them of the alternatives.
How will the seller's credit be impacted?
A lot of real estate experts were proven wrong when Fair Isaac Company, the developer of the infamous FICO credit scoring model, revealed how short sales, deeds-in-lieu and foreclosures affect a borrower's credit scores. Two important highlights: they all affect scores approximately the same and people with higher scores will be affected more. Almost every agent I've ever spoken to about short sales has told me with conviction that a short sale is better for a seller's credit than a foreclosure. I don't think "oops" is going to get them out of a lawsuit from an upset client.
Should the seller file bankruptcy and if so, what type & when?
Often a homeowner short selling their home has lost their job or is buried in debt with no realistic hope of getting out of their situation. Combining their situation with the probability of getting hit with a deficiency judgment may mean they'd be better off filing bankruptcy. Agents should make sure they don't give legal advice in these situations and don't get overeager to just list a property in pursuit of a commission check.
What happens if a Foreclosure Sale occurs during the short sale process?
Given all the various state foreclosure laws, this could be ugly. I've witnessed more than one agent telling a seller they could push a foreclosure sale back and not to worry. How do you spell misrepresentation? Proper disclosure must occur - even if it costs a potential commission check.
Well, how am I doing so far? Have I gotten your attention and enticed you to come back for more? Do you even want to read more or are you just going to swear off short sales altogether?
I recommend you find the best & most knowledgeable real estate attorney you can in your area and take them to lunch to discuss all these issues. From personal experience I warn you against just settling for an attorney you already know or one that claims they know what they're doing. Many attorneys are no more experienced than you are at short sales and are learning on the fly - and may do so at you & your client's expense. Seek out experienced attorneys or ones that are exerting a lot of effort to educate themselves quickly and are honest about it.
NOTE: if you're the impatient type and don't want to wait to read the series as it's published, I'll send you the complete whitepaper for the series when you do ALL of the following:
- Post a constructive comment on one of the posts in the series
- Reblog one of the posts in the series
- Make me an associate of yours on ActiveRain
- Join my Fanpage @ www.facebook.com/TheLendingEdge and send me a message there requesting the whitepaper with your email address.
If you're a Michigan agent, I'd also very much appreciate you joining a new AR group specifically for Michigan real estate professionals willing to share marketing and social media ideas with each other.
http://activerain.com/groups/michiganmarketingideas
Thanks for reading and I hope you spread the word.
_______________________________________________________________
If you enjoyed my blog post,
I invite you to connect with me on the social networks below & subscribe to my blog!

"Referrals are Sending Someone You Care about, to Someone You Trust!"
So, forward this blog post to someone that'll appreciate it!
_______________________________________________________________
Drew Sygit: CMPS, CMC, CRMS, CMLO, CALO, MBA, NAMB/MAMP Instructor & Speaker
The most Certified Mortgage Expert in the Midwest
Contact him for The Lending Edge
P: 248-356-3739 • F: 866-215-3755 • dsygit@TheLendingEdge.com • www.TheLendingEdge.com
Copyright ©2010 Drew Sygit
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