Where Serious Short Sale Investors Come To Get The Good Stuff...

Dear Student I’ve had the privilege to teach short sales to over 20,000 people in the last 8 years. During that time I personally managed to purchase more than 350 houses from people facing foreclosure. And our team continues to do so every day. This real life momentum has spawned thousands of successful students, and dozens of new short sale experts, who now teach the business while running their own powerful house buying businesses. I’m darn proud of this legacy. The techniques and strategies you’ll find embedded in our seminars and information products on this site were at one time proprietary to only my staff and a few key students. Over the years, we’ve created and innovated these techniques ourselves. When I first started teaching, no one ever knew what a short sale was. Through our now much expanded network, and open sharing in countless hours of private one on one group masterminds, even visiting large bank mitigation centers across the country, we believe we have assembled the most accurate and practical short sale information available. Our personal deals and my short sale advisory board, including our on-staff loss mitigators continue to innovate and refine these strategies everyday. And it’s my goal to make YOU an expert in this field. Once you take this opportunity and run with it, the information on this site will take you places you’ve never even dreamed of.

STARTLING GOOD NEWS REVEALED!

Amidst today’s subprime and prime lender mortgage meltdown, short sales have hit the mainstream. Everybody now knows that short sales are the ONLY way to go in today’s market. Interestingly and oddly enough, there are VERY FEW real educated short sale experts. Meaning it’s highly likely there is no competition in your area. A short sale professional is someone who uses this concept in real estate as their primary source of income. They don’t complain about how tough short sales are, because they understand the parameters, which quickly weds out the time wasters in their deal pipeline. Most investors don’t. So they continually bumble about, befuddled and bewildered, thinking short sales are just too time consuming. That’s an easy and uncomplicated way to quit.

It’s my humble opinion that if you fail to truly learn and utilize short sale investment strategies in your real estate career, you will easily never realize 80% of your income potential. Ask me how I know this… I could name a hundred students in every state who focus exclusively on short sales and preforeclosures as their sole means of income. What’s the difference between them and you?

THEY HAVE GAINED OUR KNOWLEDGE, AND NOW IT’S YOUR TURN.

What are you waiting for? I know, you need to make sure this is real. It IS real to those who don’t make excuses. I’ve seen some remarkable lifestyle transformations in so many students – transformations in mindset, spiritual and of course financial states. We celebrated many of these success stories a couple of years ago, when I personally flew Donald Trump as our Keynote Speaker, and gave away my $70,000 Hummer to my highest achieving student of the year. So what does this mean to you? Bottom line – I want you to prosper and continually benefit from the information we provide. And you should stay plugged in to get continual feedback and support through our online membership community. This time tested information will take you to whatever level you want to go, at whatever pace you want.

WHAT’S NEXT FOR YOU?

Many serious investors (and those seriously disgusted with their J.O.B.) jump in and truly commit, by signing up for our five day intensive “Short Sales Exposed” training. If that’s your choice, then CONGRATULATIONS! Others will start slowly, by checking our some of our free stuff. My advice is to get started on something, create momentum and make a decision. Get your confidence from those who have already made the journey. Read their letters and listen to their amazing backgrounds – all varied walks of life.

At a minimum, it’s recommended you join our monthly membership, which is packed with an onslaught of seriously fabulous online training info, live calls with my negotiators working deals. It's Loaded with Seminar excerpts, how-to videos and teleseminars or if you have an immediate question on a deal you have, jump on board to our Ask The Mitigator Page.

DO NOT LEAVE THIS SITE EMPTY HANDED!

Click to get a Free Hand copy newsletter packed full of killer articles, case studies, and success stories.

I extend a personal invitation to one of our national foreclosure workshops. Remember, those who don’t understand how to invest in using short sales in today’s market are getting left behind. Get yourself into explosive action in 2008, and we’ll see you at the top! To your quantum leap!

According to Freddie Mac, in 1996 there were 44,665 cases of mortgage fraud reported by federal financial institutions. These cases led to more than $3 billion in losses.23 Mortgage fraud is a form of equity stripping, they could stop the foreclosure yet they are exploiting the owners in any how they could. According to the MBA members who report it, mortgage fraud increased from $60 billion-$70 billion between 1998-1999, a relatively good growth year. By 2000, it had grown to $90 billion, a 27% growth year. Whether it is a predatory lending scheme or flipping, mortgage fraud is definitely a growth industry. And, it requires the help, paid or unpaid, of the appraiser. The MBA members who do report their statistics do not represent all of their members. Additionally, the banks, savings and loans, and thrift figures are not included in the $90 billion. If they were to account for the other half of the activity, the total volume could be closer to $180 billion, as of 2000.

 The Certified Fraud Examiners reported some $400 billion in white-collar crimes in 2000, not including mortgage frauds. Mortgage fraud, a form of robbery using real estate to accomplish it, may account for more than any other type of white-collar crime. It requires the help of an appraiser, paid or unpaid, as a willing participant or an unwitting accomplice. If the appraiser is found to have knowingly provided a misleading or inflated report, there could be culpability. 

If the lenders wanted to put a stop to it, they could. But lenders can profit by funding fraud deals, in terms of the points and fees, and then sue the appraiser for negligence, using their liability insurance as if it were mortgage insurance. Claudia Gaglione, a defense attorney for Liability Administrators, stated at a luncheon this past summer in Riverside that often their best defense for an appraiser is to subpoena the loan file and tear it apart, showing the loan should have not been made, regardless of the problems with the appraisal. More than 70% of the civil suits against appraisers come down the lender pipeline.24

 Many civil suits against appraisers, which could be turned in as fraud, are pursued as negligence, in order to keep the appraisers insurance in the case. This was exactly what happened in the Soderburg vs. McKinney25 case that I worked on in 1995. According to Thomas McCullough Jr., the lawyer for Soderburg, they dismissed the fraud charge without prejudice, obtained a $250,000 settlement from the loan broker and then pursued McKinney's insurance as a loss recovery vehicle. In our first Real Estate Fraud seminar in 1999, McCullough stated that he believes that "what McKinney did was fraud," but it did his client no good to pursue that issue and negate the liability insurance. Soderburg had not sent the appraisal before the loan was funded but prevailed in suing him, even though he was not the client of the appraiser.

 If the residential loan production appraiser understood that they were being used by the lending industry as a free form of insurance, fees would be higher to account for the known risk and delivery times prolonged to account for a higher level of due diligence.

 Additionally, if appraisers had any idea that they were being used as a mortgage insurer, there would be a lot more sobriety in the marketplace. The best appraisers operating under economic coercion find it hard to maintain market share and ethics. Like the classic conditioning we learned about in Psychology 101, as the twig is bent, so is the industry being inclined. Many lenders, or their authorized agents, are habitually pressuring appraisers. Absent any structure to withstand the coercion, the residential appraisal industry is caving in. An appraiser who caves in to client pressures and knowingly inflates appraisal values could end up facing criminal charges.

 Historically, it has not been the regulated lenders who put the greatest pressure on the appraiser. Rather, it has been the commissioned loan agent or loan broker. Mortgage frauds, whether flips, packed transactions or bogus sales require inflated appraisals. Lenders now have a new insurance available. They can buy portfolio insurance against fraud and negligent misrepresentation.26 Armed with this new product in the marketplace, some civil suits against appraisers may be turned into criminal cases by the lenders, who, after finding another loss recovery vehicle in the form of insurance, seek to save face by turning appraisers in for their criminal participation in mortgage fraud schemes. Lenders have been the largest source of civil and criminal liability for appraisers, because mortgage fraud cases are the greatest source for potential crime.

 At a fraud seminar in Cleveland last year, Tom Getz, a prosecutor with the USDOJ, stated, "The last thing you want as an appraiser is to be standing in a charging docket next to your loan broker client."27 He explained the Federal Sentencing Guideline, which, like USPAP and licensing, came out of the S&L Crisis. It is, to a prosecutor what USPAP is to of an appraiser. He gave the example that an appraiser who copped a plea to 10 charges from the 40 or so that they were facing in a mortgage fraud case could expect a sentence from between 43-51 months in federal prison.

 USPAP is being used against appraisers in criminal cases. Appraisers are being sued in predatory lending and housing fraud cases or wire fraud, mail fraud, computer fraud, bank fraud, and/or mortgage fraud.

All real estate appraisers must comply with USPAP regulations in accordance with the Financial Institutions Reform, Recovery and Enforcement Act of 1989 [FIRREA]. State Appraiser Certification and Licensing Boards; federal, state and local agencies; appraisal services; and appraisal trade associations require compliance with USPAP.28

 If the appraisal industry as a whole complied with USPAP, property flipping could be stopped. Maybe that is why USPAP was created. Maybe it had something to do with the S&L Crisis. Maybe it was mostly commercial appraisers last time and, just maybe; it is a residential phenomenon this time. That is my view after much research. Only time will tell if I am wrong.

 

Predatory lending will not go away. Too many are profiting from it. Stock prices of publicly traded companies can be enhanced with the huge amounts of high interest, points, and fees involved in the practice.

 Probably the best thing an appraiser could do to limit exposure to excessive risks would be to avoid high liability clients, and high-risk assignments. The high loan to value transactions would be the first thing to avoid, especially if they include excessive fees or the borrower has blemished credit.

 From a legislative standpoint, it is not likely that strong laws will protect the appraisers who operate in this arena. It is more likely that laws will protect the consumer and the regulated lender. The appraiser is likely to be on the wrong side of new laws that create stricter requirements, rules and penalties.

Appraisers involved exclusively in residential loan production work are at a greater risk of being caught up in a bogus transaction and more likely to have risk of involvement in a criminal transaction. Every predatory lending nd mortgage fraud transaction requires the help and services of an appraiser, or an altered appraisal.

Neil

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