Diana Perez, BS Realtor® Property Manager Miami Florida

It's hard enough to fathom the delinquent acts that have developed into our financial crisis yet the numbers of scams that perpetrators are using are in increasing numbers.

The most recent scam alert from the FDIC dated January 7, 2009 states that there are "E-mail[s] Claiming to Be From The Federal Reserve Bank"

In the last couple of years, Southeast Florida residents have been victimized by door-to-door 'salesmen' claiming to be repairmen or utility workers who prey especially on the elderly. The elderly have victimized in numerous occassions by being robbed out of money and/or services not rendered according to local television news.

There is also a scam alert from the IRS which warns consumers that "...if it sounds to be too good to be true, it probably is", an old cliche that we are mostly familiar with.

The Broward County, Florida website has developed a Consumer Protection web page and has compiled a list of scams and alerts, warning consumers to be on the lookout and to prepare themselves from devious perpetrators who claim to be someone that they are not. The website focuses on key scam issues that perpetrators are using to exploit their victims. The website also gives advice and information on what to do in case you have fallen prey of these malicious acts, emphasizing on how to practice safety precautions on how not to fall prey on the hands of these criminals.

"When economic times are tough, we often see a correlating increase in scams and in the number of people who are trying to take advantage of our citizens", said Florida Attorney General Bill McCollum in Tallahassee, FL on Monday March 2, 2009, in regards to a common [consumer] concern reported to state regulators in 2008. ~FAR News and Events March 4, 2009 - Mortgage and Foreclosure Top List of Floridians' Complaints to Regulators.

Recent Scam Alert Articles:

Scammers Target Troubled Borrowers ~Daily Real Estate News - March 16, 2009

Florida ranks #2 according to a Mortgage Asset Research Institute Study:
Mortgage Fraud Rises As Sales Decline ~DREN March 17, 2009 - The Associated Press

Federal Trade Commision: Rescue Scam Consumer Facts - How Scams Work

Consumer Resources:
National Association of Consumer Advocates (NACA)

USA.gov Consumer Guides and Information

OCC Bank Counterfeit Cashier's Check Alert

The White House - A Proclamation by the President of America Barack Obama
National Consumer Protection Week 2009 - February 27, 2009

For more information on criminal scams and alerts visit your local state, county, or city websites for recent scam activities. Although we cannot stop crimes from occurring and will always exist, we can prevent and outsmart scam artists from making more victims out of innocent ones.

I have a lovely couple who wanted me to show them beachfront condo property. Once we met at the property I noticed that they had a dog. We were having small talk conversation while waiting for the gate keys to enter the premises from the seller. I didn't say much about the dog because we were just going to view a condo unit on the first floor which had the windows open; the unit is a furnished efficiency facing the ocean so there wasn't much time to take to see a one room unit.

Everything was fine until we found ourselves confronted by the property manager telling us not only that we couldn't park in front of the building but that there were no pets allowed on the premises. "Oh, my dog is not just any dog. He is a service dog and I have every right to have him with me", claims the dog owner.

But the property manager insisted that they did not care what type of dog it was, just get out!

The buyers went to their car to show proof that they had indeed the proper document to show that the dog is legal and that it serves the owner for medical emergencies.

We told the property manager that we were only going to be a few minutes to view one unit from the outside. They called security on us and told us to leave the premises because we were harassing them.

I was a bit surprised that the property manager is not even aware of this situation which clearly screams discrimination. I took the property manager to the side and told them what they were doing and they immediately let us in the premises. No more questions asked.

Sometimes people do and say things in their professions unintentionally but not only was the property manager not aware of service dog laws, they were plain out rude!

Rights of an individual with a disability; use of a service animal...

Ever been so busy that when someone calls on your listing you ask for the caller's name, the real estate broker that they work with, and ask for their license number and verify them?

Anyone can call on one of your listings and act as a Realtor - verifying their true identity is one thing; failure to properly identify your caller is another.

According to the Florida Real Estate Commission (FREC), unlicensed real estate activities have its consequences including violating F.S. 455 and subject to disciplinary action from FREC. Both licensed real estate professional and unlicensed person are subject to disciplinary action from the FREC. An unlicensed person imposing as a Realtor may be charged a 3^rd degree felony while a licensed Realtor may be fined for aiding an unlicensed person to practice real estate without a license.

There are large brokerage firms who have an 800 # that when real estate agents call to get showing instructions must give their full identity and their license number to be verified. You must register with these ‘showing' companies before they give you any showing instructions.

If you need to show a listing, whether you are a mortgage broker or are an investor or in any profession alike and posing as a Realtor, do yourself a favor and ask for the licensed listing agent or licensed personal assistant to show you the property. You are better off saving your time by having the Realtor there with you in case you have any questions about the property.

We have enough fraudulent activities with mortgages - Identify yourself just as you are and abolish real estate fraudulent practices.

A prospective tenant calls me today telling me that she found me on my blog at ActiveRain. Of couse, I always get delighted when consumers find me through my blogs. She tells me that she is a tenant living in a foreclosed home and needed my advice on 'something'.

Eager to listen to her story, I curiously asked her which blog she was calling me on. "One of the ones that you wrote about foreclosures", she said. "Oh great! How may I help you? Yes!

So here is the scenario: Ms. Tenant received a foreclosure package from the bank, hand delivered, of course, that the house that she is living in is in foreclosure. That was back in November of '08. Apparently, the owner stopped paying for their mortgage back in March '08. Once Ms. Tenant received the foreclosure package, she then decided to stop paying rent. Why pay, the owner is in default with the bank, right?

Right and wrong! Just because the owner/landlord is in default with their mortgage does not mean that tenant stops paying rent. Whether the tenant chooses to stay in the property after being notified that the property is in the process of being foreclosed on, here are some steps that the tenant might want to take:

It is true that you don't have to pay one more dime of rent, at least not to the owner. In fact, there are many conflicting stories on this debate and it varies from state to state, county to county, and city to city, and day to day news and laws that are ever changing. I have heard many horror stories of tenants being evicted by the Sheriff's department and there is nothing that tenant/s can do once you get BSO knocking on your door telling you "You must vacate the premises immediately".

This may be due to the landlord a) has filed an eviction notice on you because you decided to stop paying rent (after all, it is still considered their property), or b) the property is at that time, a bank owned property which means, get out, for once! Bank owns the propety, not the 'previous owner' or your 'previous landlord'. Banks have every right to change the locks without being concerned about you. Harsh, but true.

Now, to avoid conflicts with your landlord, and to stay in the home in the meantime the property is in foreclosure process, you can:

Tell the owner that you want to continue paying the rent if it's absolutely necessary, (you might just have a few long months to stay in the property in the meantime you get ready to look for another place to live), but you will make the payments directly to the bank, or do yourself a favor, give yourself some peace of mind, don't stress out of the situation and find yourself a temporary place to stay or find yourself another place to live.

For many families, moving out of a foreclosure/bank owned property can be a very devasting event, it's happening in everywhere, you are not alone, you won't be the first and you won't be the last. In Ms. Tenants case, if you have the resources to move then JUST DO IT!

Ms. Tenant was confused but I assured her that by leaving the premises and avoiding confrontations from a landlord that is threatening to change the locks and putting her stuff on the street without properly and legally processing the eviction is not only illegal from the owner but why argue the point? It is what it is.

We are going out to see some properties tomorrow - Ms. Tenant could not find better relief in my comforting words when I told her not to stress herself out, it is just not worth it! It's also not fair to go through these situations but sometimes confronting the situation is better than fighting it properly!

Owner/tenant scenarios like these vary and are unique in each and every case. I am not a lawyer but can guide you in finding a better situation by finding you another home. Have a similar story?

Foreclosed Rental Program Falls Short ~FAR News & Events February 11, 2009

Protection For Renters ~NYT Editorial March 17, 2009

"Don't wait, the time will never be just right". ~Napoleon Hill

And in today's real estate market, Napolean Hill's quote fits just right. While it is true that home values are dropping, if you wait too long for prices to drop, you might just catch yourself by surprise in a seller's market again! Don't let the real estate market fool you by outsmarting today's real estate market. There are plenty of great deals out there!

An experienced Realtor who has knowledge of real estate market trends and conditions is a perfect way to start searching for your next home and real estate investment. As a real estate professional, it is understandable that home searching, or trying to find the best value of your home to place in the market can be a daunting and overwhelming experience, just ask a professional real estate agent.

As professional real estate agents, we are trained and skilled to do all of the real estate leg work for you so all you have to do is rest assure that someone is working on your behalf and working for you!

Real estate analysts predict that while home values in the Southeast Florida region (and even on a national level) are expected to drop another 20%, there are short sale/foreclosured/bank owned properties available in the market, inclusively at auctions that banks have in excess inventory waiting for buyers and Realtors help them rid of and eliminate from their list.

Diana Perez
Majestic Properties - Hollywood, FL
www.perezgrouprealestate.com
Perez Group Real Estate and
Property Management

Hollywood, FL Homes/Condos For Sale
Hollywood, FL Property Management