Kevin Breeland

Now I bet you are wondering where I learned math? Well...same place you did school. However the equation above is real world math, not the math they teach in school.

There is a case that should catch every one's attention. Why, because this case, in my opinion, outlines some of the most innocent cost associated with buying a home yet it will mushroom into a huge claim if the plaintiff wins. So far the Plaintiff has. What am I talking about...Vicki V. Busby (Plaintiff) v. JRHBW Realty, Inc. d/b/a REALTYSOUTH.

Now I am not a lawyer and of course this case is still going through the appeals process but there were a few things that caught my eye I thought I would pass on. The basics of the case is Ms. Busby contents the REALTYSOUTH charged her a $149.00 fee Administrative Brokerage Commission or ABC fee as mentioned in the lawsuit. This lawsuit also achieved Class Action status so now there are 30,000 plaintiffs all alleging they were charged this fee. In Section 8(b) of RESPA you can not charge a fee is no services were performed...i.e. you can charge for work you do, not for work you don't do. In addition, the proof of burden is on you as the defendant. Now I am not going to get into the details of the case because that would just take too long. My point is this, the $149.00 fee times $30,000 equals $4,470,000. Since Section 8(b) violations allow for treble damages the ultimate fine could grow to $13,410,000. WOW...you have an extra $13mil laying around???? RESPA Section 8(b) violations are expensive and as you can see have no dollar limit as to how small. I have seen cases where the dollar amount was as little as $45.

Moral of the story, be sure something is being provide of value with all charges.....otherwise you could find yourself in the middle of a big mess. HAVE A GREAT DAY!!!!

Kevin M. Breeland

General Manager

Residential Mortgage of South Carolina, LLC

427 Johnnie Dodds Rd.

Mount Pleasant, SC 29464

breelandk@residentialmtg.com

www.residentialscdailyrates.com

Competitive by nature...the Best by choice!

My brother live in North Dakota and has for most of his life and he is 59. This is the worst flooding he has ever seen. This is just one of many dams that have failed around North Dakota.

As I look back on this week I keep reflecting on a few events that defined my week. When I give this week a closer look the week is filled with moments of pride and failure. Let me explain.

As I have stated in other blogs, my son, who will be 12 in May, is playing baseball for the first time ever in his life. As it turns out, it appears that he is a natural at it. That is great. His team is made of mainly 6th graders, most go to his school, and they are playing other teams that make up the spring baseball little league rec teams. Most all of these kids all go to school together. I have been "helping" which really means I am playing positions during practice when we don't have enough kids for practice, warming up pitchers, working with the kids that are playing the outfield, and then game time responsibly is to be in the dugout with these 11 and 12 yr old helping to keep them focused on the game and cheering for their teammates.

This week has been hard for some reason but if I am honest with myself it probably feels hard because I was not prepared as much as I should have been and have been taking myself too serious. I feel like my character has been tested and I have failed. Then, I look my son. On Tuesday during the game, bottom of the 5th (they play 6 innings in this league) the score was 3-2 our favor. The kids gave up 10 runs on errors and good play from the other team. What did our kids do....top of the 6th they scored 8 runs hitting the ball and running the bases. The players in the dugout were cheering for each other and the kids fought back with loads of character, no quit in any of them. When they got there 3rd out the inning was over and they lost by one. This however was one of those times where a lost was a win. Everyone one of these kids fought back, did not give up, did not quit, and when the game was over they lined up and high fives the opponent, friends of theirs in school. Thursday night, it happened again. the kids gave up 4 runs in the first two innings but fought back and in the 5th inning scored 5 runs to take a 6-4 lead, which they held with one strikeout, and two base running throw-outs in the top of the 6th. Again, they did not give up and when it was time to come together as a team, they were bonded together.

How does this affect my week, well in a nutshell these kids, 11 and 12 year old boys with about a two second attention span each worked together as a team. When they were behind, they worked together, not separately. When they took the lead, they came together even more. Pitchers allow the infielders to their job, infielders remembered they have outfielders backing them up, and all together a bunch of kids suddenly remember everything they had been taught about coming together as a team. These kids showed something you can't teach, character.

Too often we adults forget we are part of a bigger picture, a team. When business gets tougher we get tougher thinking we have to solve this issue. We do that because we are people of character, but watching these kids reminds me that it takes more character to seek help than it does to "do it alone". I did not "trust my infield and outfield" so therefore I made a mess of most things I touched this week. All the while, the example of character is right in front of me, in my 12 yr old. I won't forget this lesson anytime soon. HAVE A GREAT DAY!!!!!

Kevin M. Breeland

General Manager

Residential Mortgage of South Carolina, LLC

427 Johnnie Dodds Rd.

Mount Pleasant, SC 29464

breelandk@residentialmtg.com

www.residentialscdailyrates.com

Competitive by nature...the Best by choice!

The World Famous Pluto Springs, French Lick Resort and Casino, French Lick, Indiana.

Courtyard of the French Lick Resort and Casino, French Lick, Indiana. A beautiful turn of century resort that has all the charm of yester year. If you have never been or it has been a while since you were there...plan to go...it is worth the trip and the prices a very reasonable.