Bank of America and it's new documents

listened in on the BofA webinar yesterday. I thought it was very informative and not at all cryptic. BofA is giving all of us plenty of notice to get it right. If you can't take the time to get 5 documents signed, then quit doing short sales.

All of BofA changes make sense and so does all of their new documents. I totally understand why BofA is now requiring only licensed professionals or attorneys to be the authorized third party reps for the homeowner.

I know I am going to catch a lot of flack on this..but I am totally opposed to anyone else being involved in a short sale except for the homeowner, the broker-agent and the bank. I fully understand it is a "debt settlement" but this is not about a credit card, a car loan or a personal loan. It's about a debt secured by real estate. In every state in this country, one must be licensed in order do represent buyers or sellers and BofA is making sure their customers will be getting proper, professional representation. Anything less is wrong and does not serve the homeowner or our profession.

Think about the amount of information we have on a homeowner, from their financials to tax returns to credit cards accounts the to birth date of their first born(not really but you get my point). They are putting their entire life history on the table for us. They are trusting us to keep that information between us and the bank. It's sacred. It's emotional and it should remain as private as possible.

How many of you have received a letter from your bank, credit card company or previous mortgage company informing you that one of their employees got fired for selling off P&C information? I have. A few years back I received a letter and two years of free credit monitoring because an employee at Countrywide had sold P&C information on thousands of customer to a bunch of crooks.

Everyday we hear about another company who has a bad employee who sold customer information or someone hacked into their accounts. Everyone freaks and hope it's not their credit card, bank account, etc that is affected. Identity theft is the number one cyber crime in this country.

So what's the first thing a lot of agents are doing? They third party out the third party to someone completely unknown to the homeowner. It really should be,FOURTH PARTY. My question to all the agents who are doing this is, was that 4th party rep sitting at the kitchen table while your homeowner(s) were practically in tears as they gave you the down and dirty details of what has happened to put them in the position they are now faced with? If they weren't, did you inform the homeowner you are going to farm out ALL of their P&C information to some company or person they probably have never heard of?

At the Fourth Party's office... DO you know every single person who will have access to the file? How secure is that office, the files, their computer systems? Have you ever thought about these issues and most importantly, do you even care? If you haven't, then you had better; because the liability is all yours. You farmed it out.

Are you working for your commission or for your clients? The answer should always be you are working for your clients. It's not the quantity of short sales you do..it should be the quality.

This is what I tell my clients and I will never shift my position on this. Except for sending their information to their lien-holder(s), their information never leaves my office. It's not in my Ipad, my Blackberry or any other place where a crook can hack into my files. Once files are scanned, they are shredded and the files are sent to the banks via a secure drop box. If you haven't noticed...take notice...more and more emails from the banks are coming in via encrypted emails and secure websites such as Equator.

I have not and never will farm my client's file to a fourth party. What goes on at DHR stays at DHR. It is not about the number of short sales I close. It's about doing the best job possible for my clients. I have always said, it's bad enough that their file is part of a huge pile of files at BofA. I will not allow their file to become part of another pile of files in someone else's office.

Quit making these changes at BofA about you. Quit whining about a few extra forms. We are the professionals. Do your job and do it for the right reasons. Be proud that, by doing what we are doing as short sale brokers/agents, we are saving one more person/family from financial disaster by keeping them out of foreclosure. We are preserving what is left of their credit and one day having them call you back to help them purchase another home.


A successful short sale today is tomorrow's business. Your clients can be back in the market in 2-3 years. In between will they refer other business to you? Do you want to be remembered as the broker/agent who walked along side of them through the entire ordeal (yes.. to the homeowner it is an ordeal and a very traumatic one), held their hand and did a fantastic job representing them? Or, will the forget they ever heard of you because, as their broker/agent, they could never find you, talk to you, ask you questions and the one who farmed out all their personal and confidential information to someone they didn't know so you could tout that you closed 100 short sales in 2011? I know which category I am in...do you?

I wrote a book, it's called.. "What Goes Around...". It's not about real estate or anywhere near..but I do believe..what goes around...comes around. Take care of your clients and they will be back. Treat them as a number and you will never hear from them again.


Respectfully
Johanna Devon, Principal Broker
DHR/Commercial, Land & Residential Brokerage

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Comment by Rochelle Castro on April 11, 2012 at 12:41pm

Johanna: It takes money, hard work and the desire to help your clients, to be in this business.  We sign Agency with them, and have a relationship with them, that others don't( fiduciary) Others wish to participate without any of the liability. I totally agree with your post, and hope that other banks follow suit. Kudos to BoA for gradually improving their system.  Personally, I have done many ss with BoA, and prefer them over the others. 

Comment by Smitty on April 5, 2012 at 1:31pm

I agree with Kevin pretty much.  I think this is OVERkill on BOA's part.   BOA's fraud dept, must be on paranoid level.   I think MANY servicers are on paranoid levels along with Freddie Mac.  With all the addendums, affidavits, LOA changes, ALTS, etc., it's too much.  This is just hindering the glut of homes on the market.

I talked to a few different Realtors in my area, and it's business as usual for them.  They are not freaking about any of the new paperwork and they are like me with others in their office who negotiate for them under their licenses. 

Also, where is the incentive for BOA to come at me or anyone for having an assitant negotiate? They would have to hire a whole department to investigate each and every short sale as it occurs? THen even if they find something wrong during the process, would they really invest the time/effort in a complaint or law suit or whatever their threatened "action" would be against the licensed person? Highly unlikely. I personally think this is all much adou about nothing, especially in my situation.

Comment by Jeff Payne on April 4, 2012 at 1:00am

Johanna, I love your passion and agree with you 100%.  I dont see the issue with the new documents either.  The only thing that I would like to see is some more explanation about the new TPA and if I can add my assistant to it.  I know that there are attorneys opinions on how this shifts the liability to the agent but think it is being sensationalized to a degree to get people to read the attorneys blog posts.  Maybe it has some merit, maybe it doesn't but short sales are not going anywhere and when BofA is the big white elephant in the room, we can not avoid them. 

I am fortunate to be able to have a few people at BofA that I communicate with who I believe are really trying to clean up the mess that was left for them and for now, I am going to give them the benefit of the doubt, especially if I can continue to get them to approve short sales in 4 weeks.

Comment by Kevin - Greenville, SC on April 3, 2012 at 8:46pm

Greater Risk In Lower Efficiency

The new TPA also requires every DR to sign this onerous assumption of new duties before BANA will accept communications from them. This further encumbers an already cumbersome process.

Comment by Kevin - Greenville, SC on April 3, 2012 at 8:41pm

A contrary opinion -

Real estate agents (and attorneys) soon will be held legally responsible for reading the corporate mind of Bank of America. Fortunately for everyone else, they will not be allowed to even communicate with Bank of America, much less be required to read its mind. Unfortunately, all of this will further harm distressed borrowers and suffering neighborhoods by discouraging short sales and increasing foreclosures.

This all results from a new “Third Party Authorization” form (TPA) which reportedly is mandatory on all Bank of America short sale files as of April 14, 2012.

http://www.californiashortsalelawyer.com/2012/04/high-risk-bank-ame...

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