Florida Homeowners’ Complaints Rise Against Attorneys
The Florida Bar reported that they have received over 1,400 complaints against attorneys in Florida that are related to the housing crisis.
Let me preface that Richard Zaretsky and Marlyn Weiner are attorneys we refer sellers to. These two attorneys are ethical. Let me also say that there are good attorneys and bad attorneys just as there are good real estate agents and bad real estate agents.
Sometimes if a homeowner has not been paying their mortgage payment for many years and their attorney is not getting paid to defend them anymore, they may lose their home eventually to a foreclosure. The disgruntled homeowner than complains that his attorney committed fraud.
Marlyn Weiner says this is the most common call out, fraud. But not all cases are fraudulent.
In fact, so many complaints are coming in that the Florida Bar had to start a loan modification category, a mortgage fraud category and a foreclosure fraud category. None of these categories existed before 2010.
The first recorded loan modification complaint was in November of 2010. I won’t say any names but I can bet I know who that complaint was against. There was this one attorney who was doing loan modifications and foreclosure defense and several of our sellers had hired him. He did not even show up to the foreclosure hearing as agreed in one of the cases. In another case, he took our sellers money for services to defend them in a foreclosure and he never responded to the plaintiff’s counsel.
The number of complaints is not stopping either. The Florida Bar had to an attorney to help the ones that are buried in these complaints. They have never seen anything like this in the history of the Florida Bar. This one attorney is trying to take care of these cases. The complaints account for 17% of all the open Bar cases.
Consumers are complaining about the conduct of attorneys. So far 793 cases are now opened.
So far 208 of the 1,394 housing- related cases resulted in some form of disciplinary actions against the attorneys in the complaints. The disciplinary actions range from public reprimand to disbarment.
The biggest problem is that many lawyers took classes in loan modifications and then started to process them. But just going to a class does not make you proficient in doing loan modifications.
Here in Florida a law passed in 2010 requiring licensing for any person or entity doing loan modifications in this state.
In 2008 a Florida law was passed that bans charging up front fees to do loan modifications.
Attorneys were the exception to this law. Marlyn told us that many of those third party loan modification companies then approached lawyers to make deals with them in order to continue to run their businesses here but through the attorney’s firm. Many of these attorneys must not be happy with this arrangment they got themselves into.
We believe that the next wave of complaints will be coming from homeowners who felt they were pushed into doing Deed in Lieu instead of short sales. Many attorneys get paid up front and a flat fee rather quickly for getting a Deed in Lieu through instead of waiting for a short sale to get approved.
If you are facing foreclosure- you do have options. Contact Nestor Gasset or Katerina Gasset at 561-753-0135 to go over your options. A Florida short sale may be an option for you. We offer a no obligation confidential phone interview. Don’t wait until a court date is in your hand to act.
Wellington REO- Regional MLS for Palm Beach County added the REO field.
This will make it easier for agents to search for their clients who want to purchase a bank owned property.
An REO is “Real Estate Owned”. Most REOs are bank owned properties. But they can also be investors who purchase notes then foreclose on the homeowners and do cash for keys. Then they put the property on the market. They are also considered REOs because they foreclosed on the property and now have title to the property but are not homeowners per se.
We help a company by listing and sell their properties after they foreclose on the homeowners or property owners. They buy the delinquent notes from the banks and other investors at a discounted rate. Then this company takes on the work of foreclosing on the note.
Most buyers search for a foreclosed properties by using the terms, foreclosures or bank-owned. Very raraly will a consumer use the term “REO” unless they have some real estate background as that is real estate jargon.
So having REO as a search field in the MLS has been a long time coming but not a direct benefit to consumers. Rather it is a great tool for agents to have to provide better service to their buyers.
If you are an asset manager and need specialized Wellington Home Preservation services for your assets in Wellington Florida contact Nestor Gasset at 561-541-9936- his direct line for REO asset managers.
What is a Wellington Short Sale?
We created this very short 2 minute video for you to answer the question: What is a short sale?
Short sales have been around since the origin of the mortgage and loans for homes- properties and other tangibles and non-tangibles. But most people had not really heard what a short sale is until the real estate bust in 2007. Most real estate agents did not know what a short sale was until recently either. Most homeowners did not know what a short sale was and many homeowners still don’t know that a short sale is a great option to foreclosure in many circumstances.
If you are looking for an easy way to explain what a short sale is this video is simple, fast and straight to the point.
Contact Nestor Gasset or Katerina Gasset for a confidential short sale interview to go over your short sale options and avoid foreclosure today.
Authored by Katerina Gasset
We take pride in closing our short sales and treating our sellers with dignity, respect and empathy as they deal with this chapter in their lives. It is great to help sellers close this door and move on with their lives. With tenacity and assertive proactive actions we make sure that the short sale lenders understand our sellers’ positions and see that it is in everyone’s best interest to not go down the foreclosure path.
Here is another testimonial from one of our short sale sellers that we closed on:
Dear Nestor and Katerina,
I am writing this letter to express my complete satisfaction and gratitude for helping me short sale my property. I cannot thank you enough for helping me through my short sales process. You guys have gone above and beyond what I had expected and have made me feel as if I was a dear friend and not another client. I am especially pleased with the professional service you and your staff provided me, it has been first class. Your knowledge and timeliness has saved me time and money. I could not believe how quickly you worked to get my property sold. I am happy to recommend International Properties and Investments to any that ask, confident that they will experience the same satisfaction in service that I have.
Wellington Fl Homes For Sale– Another Successful Closing
One of the best places to meet people and potential buyers and sellers is at the gym or health club. Here is the post I wrote about making the most of your gym memberships- not only do you get a healthy and good work out you can also get great customers or clients.
Nestor goes to the gym on a regular basis. Since he is one of the most personable people I have ever met and he also has a great personality- it is easy for him to get a repor going rather easily.
He gets a great handful of listings and buyers from the health club. Of course when you can lift 400 pounds on the bench press it does get quite a bit of attention:).
We just closed on a very nice property with a buyer that Nestor met at the health club. It was an all cash deal as are 60% of Wellington real estate transactions. We have an awesome team of buyers agents however, Brian and Nestor made a great connection and it was going to work out best if Nestor worked with him.
Here is Brian’s Testimonial letter:
My wife and I recently purchased a home in Wellington, Florida with
the assistance of Nestor Gasset of International Properties and Investments Inc. We wanted to share our positive
buying experience. With the inherent stresses of purchasing a home,
we were put at ease with Nestor’s demeanor, sincerity and
professionalism. Nestor knew what we were looking for in a home and
had our best interest at heart. Throughout the several month home
search, we looked at Nestor as a friend, not a realtor “doing his
job”. He took it to a higher level than I have ever heard of. He
surprised my wife and I by having a 16′ moving pod dropped off in the
driveway of the home we were living in to ease the “moving pains”. It
was indeed a sign of Nestor’s sincerity and dedication to insuring we
had the most positive home buying experience. So, to you Nestor
we thank you so much. Brian and Lisa.
The property is spectacular and the perfect fit for Brian and Lisa. Brian works in a very high stressed environment in his line of work so the tranquil tropical oasis in his new back yard is going to be such a blessing in their lives.
Working with Wellington sellers and Wellington buyers for over 15 years we know the area, we live in Wellington and we raised our children here as well as still one more… and now grand children too… see what Wellington is all about!
Contact Nestor Gasset and Katerina Gasset today at 561-753-0135 for premier Wellington properties.
South Beach Miami Condo Short Sale- 727 14th Place- Park Vintage Condo SOLD and CLOSED.
Original Asking Price $169,777 in September 2010
Lowered price in increments until we got to $149,000 before we got an offer.
Buyer offered $124,500 in March 2011.
Buyer seeking financing, FHA loan from Wells Fargo.
During our short sale evaluation with the seller – we recommended the HAFA program because he met the requirements for HAFA short sale.
Chase serviced the loan. Chase is very slow on HAFA deals in South Florida.
Chase countered buyer’s offer at $144,000.
Buyer accepted the counter.
Then Wells Fargo ( the lender for the new buyer) did their appraisal.
Appraisal comes back at $117,000.
We go back to Chase with new appraisal. Chase will get less than this as an REO.
Chase lowers the price to $117,000.
There were issues with FHA and the Condo Association’s Hazard Insurance policies.
We had to go back to Chase for extensions to the closing. Issues are resolved.
Seller was approved for HAFA so he got $3000 and no deficiency. He was SO happy that he was getting the $3000 because he really did not believe that was going to happen after all the lies that were told to him by Chase during his loan modification process in 2010.
But the night before closing- the closer from Chase called us to tell us that they had $20,000 more than what they needed to net so we could give that $20,000 to our seller at closing!!!!
So our seller received $23,000! You should have heard him on the phone as we told him this awesome news!
How do you choose a Wellington Short Sale agent? If you found this post on the internet you also have found other websites about short sales on page one on your Google or Yahoo or Bing Search.
Just because an agent is on page one on Google does not make him or her a short sale specialist or expert. You may land on a blog or website of someone who has a few articles about Wellington Short sales. But again, look closely at who is writing those articles.
Is this person just having other agents they know from different parts of the country adding articles about short sales? This may be a signal to you that the author of the website does not know how to do short sales for sellers in the Wellington short sale market or the Palm Beach county short sale market.
If you read carefully the articles on these sites that you may find on page one of google for Wellington Short Sale agents, you will find out how much they really know about actually negotiating a successful short sale in the state of Florida. You may read posts and articles from agents who do work with buyers on Wellington short sales but that does not mean by any stretch that this same person has any experience working with sellers on short selling their homes in the state of Florida.
Be careful about messages to call an agent or a company that does not have testimonials from completed and successfully closed short sale listings- where they have represented the seller in the short sale transaction. Always ask for testimonials, always ask for references. Don’t take a person’s word for it that they know how to represent you in your Wellington short sale listing.
Click on our “Testimonials ” tab right here on this Wellington Florida Short Sale website. You will be able to read many references and happy clients who we saved from foreclosure. This is what we do every day. We have helped many, many, many homeowners negotiate a short sale instead of losing their homes to foreclosure.
Don’t take our word for it, listen and read what our Wellington short sale sellers have to say and then call us at 561-753-0135 at International Properties and Investments Inc, a Licensed Florida Real Estate Brokerage.
International Properties and Investments LLC is a full service Real Estate Brokerage in Florida. We are licensed to sell real estate in the state of Florida and refer buyers and sellers in other locations around the country to agents within our network. Nestor Gasset is the owner/broker of the company and Katerina Gasset is part owner and a Realtor®.