Hollywood, FL

Continued From I Refuse to Become Bitter - A Mini Series of The Daily Life of a Realtor: Part One

Who makes the real estate market? Buyers and Sellers. Do buyers and sellers mark a stance in the real estate industry as well? Of course they do! Without them, there would be no industry, no market, no foundation to build houses and homes, no real estate agents, or home loans.

But, what aboutbuyers and sellers? Have we forgotten that it is all about them? Putting our fiduciary duties to practice? What about the silent screams from victimized homebuyers and homeowners that permeate through massive stacks of real estate loan contracts piled up on someones desk at a bank or lending institution awaiting foreclosure or their loans modified? These loans are documents that echo the frustrations from real estate loan contracts gone wrong.

A lot of mistakes have occurred in the past years and the damage is unquestionably done. Who is to blame for the mortgage crisis is a query that does not dissolve with a snap of a finger. It is going to take years to rectify the foreclosure saga that entails too many financial hardships and fingers pointed at in every direction, yet solutions seemed to be a parallel shadow of loan medication programs, yet once again, another one has bit the dust.

Real estate agents bitter? How about buyers and sellers? The ones that make our market, the market that we enthrall ourselves in to because we love what we do, sell real estate, help buyers and sellers achieve homeownership and investment goals?

Meanwhile, back in the real estate jungle, juggle and struggle...

I Refuse to Become Bitter...Part Tres: Understanding Human Behavior

The State of Florida Mortgage Frauds on the Rise: Fraudulent Loan Modification Companies

Florida mortgage frauds are an epidemic and are on the rise while vulnerable homeowner's that are being subjugated by up front fees are increasing in numbers as loan modification companies are making false statements and services for services not yet completed.

The State of Florida was ranked #2 in foreclosures with 245,000 foreclosed homes in 2007 alone while it was ranked the highest in mortgage fraud. In the meantime, unscrupulous scam artists encumbered vulnerable homeowners into deceptive ‘foreclosure avoidance' by charging illegal up front fees, an act punishable by law according to Florida Statutes s.501.1377.

More than *50% of homeowner's who are or think they will be behind on their mortgage payments fail to contact their lender directly and feel that they need to contact a third party to rescue them of their defaulted mortgage payments, according to the Office of the Attorney General's website in Florida.

Homeowner's that are facing difficulties in making their mortgage payments are encouraged to contact their primary lender before contacting any ‘mortgage rescue companies' who claim that they can stop foreclosure or modify their mortgage by paying up front fees until services have been rendered from such acclaimed mortgage rescue companies. Your lender may be able to help you at no charge and have workout options to help you save your home.

But, if you feel that you have already fallen prey and have been victimized and scammed by a disreputable mortgage loan modification company, you may file a complaint by calling 1-866-9-NO SCAM or go to www.myfloridalegal.com

The following are current Florida investigations with accusations by the Office of The Attorney General in the State of Florida from companies that are being investigated in various cities of Florida by the Economic Crimes Division.

"Giving appearances that they provide federal government funds"

"Unfair and deceptive trade practices (most common complaint)"

"Utilizing client contract not in compliance with Florida Statutes s.501.1377"

"Collecting up-front fees from homeowners facing foreclosures s.501.1377"

"Continuing monthly withdrawals from consumer's bank account from collecting up-front fees and claiming to be a non-profit organization"

"Charging up front fees with a lawyer referral for loan modifications"

"Loan Modification Company operating under a fictitious name: (Fictitious Name Registration Act 865.09 FS.)

"Misrepresentation in deal documents"

"Using form contracts that do not appear to comply with disclosure and refund requirements"

"Soliciting and securing fees prior to completion of services in violation with s. 501.1377"

"Failure to perform services"

"Unlicensed practice of law"

"Unethical lawyer referrals in violation of Florida Bar Rules"

"Making performance guarantee, which guarantees actions of third parties that cannot be guaranteed"

"Overstating success rate, excessive fees F.S. Chapter 817 Part IV - Excessive Fees for debt management services"

"Deception to avoid invocation of due on sale clauses"

"Misrepresenting relationships with lenders"

"Falsely advertising the presence of an attorney "

Consumer awareness and education is a prevalent key to preventing a homeowner's dream into a nightmare. Help spread the word.

Consumer Resources:

Florida Statues s.501.1377 What you need to and should know about your rights as a homeowner seeking mortgage loan relief.

It is highly advisable that you hire an attorney before signing any documents regarding your mortgage loan:

Florida Bar Lawyer Referral Service 1-800-342-8060 http://www.floridabar.org

If you are not able to afford an attorney, a HUD representative may help assist and direct you to the program(s) best suitable and available for you.

Go to the HUD website for additional information concerning mortgages or the Housing Counseling Agency to help you find a HUD approved housing counselor nearest you. 1-800-569-4287.

*Florida Avoidance Research by Freddie Mac

Florida Foreclosure Avoidance Counselor Agencies

Mortgage Borrower's Rights

Protect Yourself and Your Home! Tips on Avoiding Mortgage Foreclosure

Mortgage Fraud Blog by Rachel Dollar - Ms. Rachel Dollar is an attorney, certified Mortgage Banker, and a nationally recognized speaker on mortgage fraud, and handles fraud recovery litigation for lenders and secondary market investors nationwide.

Related ActiveRain Blog by Christopher and Natascha Tello of Pembroke Pines, Florida
Two Large South Florida Loan Modification Companies Have Been Closed Down by the Attorney General's Office

The above defendant accusations are presumed innocent until and unless proven guilty.

One of the biggest complaints of buyers and sellers in the real estate business is that their Realtor (or their Realtor's) does not communicate with them enough, an attribute that Realtor's should acquire from day one of setting foot in the business. In essence, some Realtor's have become desolately bitter from the business. Regardless of the circumstances of today's uncertain real estate market and saga, maybe it is time to quit or, go with the flow. Uncertainties does not make or break an industry or a market, only individuals who choose to live, act, and think that it does.

I just wrote on my Facebook status two days ago how rude and cold real estate agents can be and how they have seemingly lost their finesse in the business. One person replied, "Yeah, its true", and another, "Not at EWM!"

Not that I discredit the philosophy of any brokerage's agent/client/customer relations. It is not the real estate firm/agency/broker that can shape an agent's business character per se (or so it is), but to me, it is the agent that makes a name for themselves while representing the real estate brokerage firm that they work for.

Although a broker's business' mission, vision, and philosophy reflects the identity of their business with professionalism, integrity, reputation and respect within a particular company and their agents, the majority of the times brokers have a company policy that helps to personify professional ethics within this industry, a practicality that should remain that way. But not everybody is on the same page of how professionalism and ethics plays an imminent role in the real estate business.

Our attitudes can make or break a company but most importantly, our reputation as real estate agents. There is one agent that I would NEVER call. My apologies for Mr. / Mrs. Buyer for my indirect/'unprofessional'/'unethical' behavior, but I cannot tolerate the fact that another Realtor has offended me or treated me with so much disrespect that they devalue my persona and discredit the hard working years of experience as a Realtor. I refuse to become bitter...

Part I of a A Mini Series of the Daily Life of a Realtor - I Refuse to Become Bitter...

West Lake Village is a premier community located in Hollywood, Florida. West Lake Village is a gated community with a variety of elegant floor-plan options. West Lake Village offers a pool and Clubhouse area, play area, and luscious landscaping throughout. West Lake Village is just minutes from Hollywood's amazing beaches and walking-distance to great shopping and fine-dining.

West Lake Village is located in wonderful city of Hollywood in Broward County, Florida. West Lake Village offers relaxing living with easy access to the beach while still being close to all of Broward County's finest amenities. I-95, miles of coastline, downtown areas, museums, and famous restaurants are some of the areas feature amenities!

Looking for a rental property nowadays can be an intense experience, especially when there can be doubts that a rental may be a foreclosure property. But when you are fortunate to rent a property that is a normal rental that you look forward to moving into, another question may rise as to the maintenance of the apartment/home - Wear and Tear.

What is Normal Wear and Tear?

Just as a vehicle has normal wear and tear, e.g., tires, hoses, paint abrasion's, dents, scratches, scuffs, and fabric discoloration, rental properties also have normal wear and tear, such as paint, carpeting, walls, and appliances.

Who is Responsible for Normal Wear and Tear?

It all depends how you confront the situation prior to move-in. Before you move into a rental, make sure that your landlord provides you with a Move-In and Move-Out Inspection List (or, Walk-Through List). If the landlord does not provide you with a Move-In and Move-Out Inspection list, you may demand to document any damages that the rental had prior to moving into your place. This will avoid any fees that the landlord may deduct from you security deposits for damages that were not caused by you but actually by a prior tenant.

Make Sure you Inspect and Document Everything Prior to Move-In Date (Walk-Through)

Just because a rental property has a couple of years of new construction does not mean that everything may be in actual tip top condition although we hope and assume that things are. Same principle goes to a buyer/investor when purchasing a home.

Use your Camera and Take Images

Another way to document wear and tear damages of a rental is to take images. As they say, a picture is worth a thousand words. A camera is also a great tool to have when doing your Move-Out Inspection List as well.

There is Always Room for Negotiations

You may also negotiate fixing or cleaning the apartment with prior damages and have the landlord deduct it from your security money deposit or your rental monthly payments. Remember, make sure it is done in writing and document everything that you did for your time and money. Landlord should rectify any prior damages done to the apartment at their own expense prior to your move-in date. Some landlords are also willing to negotiate so ask, ask, ask!

You can also apply the same principle when doing your Move-Out Inspection List. Some tenants like to paint the rental with their own colors to match furniture or simply to liven up the place but must repaint back to white prior to move-out. Painting may cause you your whole deposit security money depending on how many rooms were painted.

Not all Landlords are out to Get your Money

A responsible and reputable landlord and property manager should supply you with the proper Move-in and Move-Out Inspection List form, ask for it!

Or, you may demand to do your own Move-In and Move-Out Inspection List. If the landlord/property manager refuses to do so then it is time to move-on!

Move-In Move Out Inspection List Source: rentlaw.com