BSI Financial Is Requiring 1% of Listing Commission to go to "Entra Asset Management"

BSI is the 1st <and only> lienholder.  They acquired servicing from Flagstar.  The loan itself was also bought by a new entity, who converted it from FHA to non-FHA.

The purchase agreement, estimated HUD and proof of Buyer funds were submitted to BSI. Received written short sale approval from BSI.  AFTER receiving the approval letter, I received an email message stating that I needed to sign an addendum to the listing agreement to assign 1/3 of the listing side commission to a 3rd party (Entra Asset Management) for unspecified services rendered, plus a $250 processing fee.

I have argued that this is not right -- the approval was based upon the submitted HUD which did not include these fees.  Furthermore, by reducing commission -- and thereby increasing net proceeds on the Seller's side of the HUD -- this could be considered a "rebate".  Violating rebate prohibitions may be subject to civil penalties, may be considered an illegal kickback under USC ss 2607 and may be a violation of the Real Estate Settlement Procedures Act (RESPA).

Has anyone else seen this with BSI?

I will follow up with the group with final resolution on this one.

Views: 1820

Replies to This Discussion

Is BSI still requiring  this 1%?

Brian - Was it listed on the HUD, how did this come about? I may cancel my listing in this case.

Can the buyer pay the 1%?

Does anyone have any other experiences similar to this, where they have been asked to redirect a portion of the commission to a third party entity, or a real estate broker not involved with the procurement of an offer?  If so, please contact me ASAP.

Sean Ryan

Coast Realty Solutions

(800) 585-4013

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