Coweta Fayette Real Estate & Newnan Homes for sale blog by Richard Weisser of Better Homes and Gardens Real Estate Metro Brokers

“If you write a blog about it I will refer the matter to our legal department.”

 

Justice through blogging.I got a frustrating call from a loss mitigation department employee telling me that the property that I had submitted a short-sale offer on was foreclosed last week.

Of course, I already knew that but was a bit irritated that they answered my last inquiry two weeks after the fact. It was a lot of “too little too late" and I was underwhelmed.

When I suggested that I was going to write a national blog about the entire episode her response was: “If you do that I will refer the matter to our legal department.”

I laughed and informed her that there was little legal peril in writing the truth, and she began repeating the mantra over and over, “If you do that I will refer the matter to our legal department.”

First of all, I doubt that a loss mitigation department that doesn’t even bother to answer phone calls for over two weeks has the business acumen to follow-up on any threat. Secondly, I don't mind if their legal department reads it at all.

It might be useful in preparing THEIR defense!

 

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Comments

Sounds like a challenge...now you HAVE to write that blog!

Posted by Kathryn Maguire Serving Chesapeake, Norfolk, VA Beach ((757) 560-0881 GreatNorfolkHomes.com) almost 2 years ago

What happened to the new regulations where they are supposed to respond in a timely manner? Good post Richard.

Posted by Dan Benefield (Benefield Realty) almost 2 years ago

AWUUUU * they have "google alerts" for themselves and have PEOPLE monitoring them...I suspect she has heard your blog reference before.

Posted by Wallace S. Gibson CPM * LandlordWhisperer (Gibson Management Group, Ltd.) almost 2 years ago

I think they're still short handed. The loss mit people are lower tier employees and are over loaded still. They are not going to take the time to send anything to their legal department, especially since they were late doing their job.

Posted by Bill Travis, Broker/Owner (Captain Bill Realty, LLC) almost 2 years ago

Richard,

I'm sure you're shaking in your boots. "The truth shall set you free."

Rich

Posted by Richard Iarossi, Crofton MD Real Estate, Annapolis MD Real Estate (Long and Foster® Real Estate, Inc.) almost 2 years ago

That might be why they are so slow..maybe all their energy is focused on keeping the truth silent. What a mess....

Posted by Pat O'Reilly (RE/MAX..214-289-6176 Irving and all of Dallas Fort Worth) almost 2 years ago

The truth will set you free. Had a credit ding because I was the broker holding an escrow deposit and small claims court judgement between buyer/seller gets me in the fray as the broker. That is just wrong and if you had that happen a few times in a 7 year period, the length the stuff stays on your personal credit history your credit FICO score heads south. Chased Trans Union for two years to restore otherwise stella credit. The blogging on AR, turning up the heat to expose to other brokers what to beware of, with a "did you know..." approach worked wonders. No one, no one wants bad press and the only reason you are posting Richard is to get the facts, just the facts, truth out there. You are not slandering, in a libel situation if just the facts are one by one assembled on line. On such and such a date this. Here is exhibit A, B and C approach with Spock like Vulcan approved logic, demeanor and doggedness. Other brokers, bloggers want to know the pitfalls you have had to avoid the potholes. Help work toward resolution, anything to make our day to day go smoother. What is criminal about that? Corporations can get too big for their britches but spend millions, billions for postive public relations. What happened to the customer is always right? We deal with hot heads, thin patience and frustrated folks overwhelmed with the process every day and apply our Dr Phil skills hourly to this and that fire needing putting out.

Posted by Andrew Mooers | Northern Maine Real Estate / Aroostook County Broker (MOOERS REALTY) almost 2 years ago

Verly good point Richard...In fact, I would encourage them to refer the matter to their legal department. You never know, someone may start to wake up!

Posted by John Thomas -- EcoBroker, MSEE, MBA (E3 Green HOMES) almost 2 years ago

She's definitely hoping that her job is not on the line.....she wants to intimidate you to save herself....too bad she couldn't have put that effort into the poor unsuspecting home owner.

Posted by Barbara Todaro "Franklin MA Homes" (RE/MAX Executive Realty ) almost 2 years ago

Can't wait to see that post Richard!  What a mess! In the end the worker will only be making herself look bad....won't help her performance review....

Posted by Sussie Sutton (United Texas Realtors) almost 2 years ago

Looking forward to your next post.  Its amazing that was her response so quick and matter of fact, no apologies.  When will they figure out they are dealing with people not just a case number.  At least you can look yourself in the mirror and know that you have done what you could.  Its just a shame.  I have had a few files this year where I was on the buyers side with an offer sent in waiting for an answer and the answer was I'm sorry the house has been foreclosed on.  My buyers were floored...  we've all been there huh.  Best wishes for a productive day

Posted by Kim Boekholder (Broker, Relocation,IMSD) Salt LakeHomes For Sale,UtahReal Estate (Results Real Estate 801.580.5624) almost 2 years ago

I think my reply would have been "well you do that" click.

Posted by Tammy Lankford/Broker Lane Realty Lake Sinclair-Central GA almost 2 years ago

Sounds to me like you HAVE to write this post now Richard. If you just write the truth, I don't see how they have a leg to stand on should they actually wish to take you to court.

But just in case, I've set up the Richard Weisser Legal Defense Fund......with easy PayPal clickable link!!!

You didn't really try to click on this...did you?!!!

Posted by Craig Rutman Raleigh/ Cary/ Apex area Realtor (Helping people in transition) almost 2 years ago

Sounds like me that she was just the messenger, since she told you the same thing twice. Ask for her email and send her the copy of the blog article, with a hundred or so comments from active rainers and we'll see what their legal department does with it. 

Posted by Glenn Roberts - Seattle Residential (Lake & Company Real Estate) almost 2 years ago

HA!  The threat of "sending it to the legal department" is just that,

a threat of sending it to the legal department. 

HA!

Posted by Lenn Harley, Real Estate Broker, Virginia & Maryland (Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate) almost 2 years ago

Sounds like someone that is losong and knows it.  She is scrambling to stay out of hot water.

Posted by William Feela Realtor 651-674-5999 No. Branch,MN (WHISPERING PINES REALTY) almost 2 years ago

Nothing more frustrating than working on short sales -- I think we should all write blogs about it.  Maybe the process will finally start to get better.

Posted by Kathy Torline, Colorado Springs Real Estate Blog 719-287-1049 (ERA Herman Group Real Estate) almost 2 years ago

You probably should have given her the phone number to the legal department, it took two weeks to find your number, she probably has no clue how to get in touch with legal.

IDIOTS!

Posted by Jenna Dixon, Assoc Broker, NW Metro Atlanta (DRA Homes (Atlanta, GA)) almost 2 years ago

Write it!!  We'll bail you out.

Posted by Cynthia Larsen - Sonoma County Real Estate Broker (707-332-2560 www.safehavenrealty.com) almost 2 years ago

Are you going to change the names to protect the innocent? Oh wait, I guess they aren't that innocent.

Posted by Mike Saunders (Lanier Partners) almost 2 years ago

Good for you, I think all of us will be looking forward to your blog.   

Posted by Lois Davies, Cape Coral & SW Florida (Century 21 Birchwood Realty, Inc.) almost 2 years ago

So Richard, when are you writing that post. You know now you just gotta write it.

:)

Posted by Jody Keating Connective Realty,LLC, Bryan/College Station,TX almost 2 years ago

So if they had dealt with the issue right up front, I guess there wouldn't have been a problem.  Maybe the more blogs the more this girl is going to have to answer for the problems.

Posted by Lesley Wagstaff - For Real Estate and Mortgages (Re/Max Results Realty in Vancouver, BC) almost 2 years ago

Richard, my stock answer to that kind of a threat is;"that's what they build courthouses for."

Posted by Mike Morrison (Will & Will Real Estate Brokers, The Woodlands, Texas) almost 2 years ago

Looking forward to reading your account of the facts in the case and knocking one of the arrogant banks down a notch.  Good luck.

Posted by Al Raymondi, Ocean View Realty Group in Ormond Beach Florida almost 2 years ago

HI Richard!
Twice, here on the Rain, I have had an agent threaten to contact her attorney if I didn't take down my post. Neither time did it identify her. The first time I did remove it...it just wasn't worth the hassle. The second time, I decided to let her go for it. As \you said...it would provide a great defense!

Posted by Paula Swayne,Realtor-Land Park, East Sac & Curtis Park -Dunnigan, REALTORS (Dunnigan, Realtors, Sacramento (916) 425-9715) almost 2 years ago

Well, at least you got a response - albeit a bit of a loose cannon approach!  Oh how defensive they can get when they crawl out of their secret hiding place to answer a phone call.

Posted by Gary L Waters PLLC- Broker Associate Realtor® Melbourne Viera Rockledge FL (Century 21 Baytree Realty, 1211 Admiralty Blvd, Rockledge) almost 2 years ago

Yeah yeah whatever...tell them if the use Equator...you'll enter it the notes section this way they can't say they lost the paperwork! Maybe next time I speak to a person in the loss mitigation department...I'll just tell them if they don't move the short sale quicker...I'll write a blog about it...maybe then they'll run it by their legal department.

Posted by Neal Bloom-Realtor ®CRS-Weston FL Real Estate (Keller Williams Properties, Weston FL) almost 2 years ago

Richard ~ Too funny! I like Neal' suggestion...have them upload their notes into equator. I  am surprised the customer service agent doesn't have thicker skin as I am sure she gets yelled at quite a bit.

Posted by Terrie Leighton REALTOR® 775-846-5424 Northern Nevada Real Estate (Ferrari-Lund Real Estate, Reno & Sparks) almost 2 years ago

Richard:  If Loss Mitigation departments are reading blogs now, I am probably being read over and over.  No calls from a legal department.  As you state, there is no legal harm in publicly writing about the truth.

Posted by Chris Ann Cleland, Associate Broker, Northern VA (Long & Foster REALTORS®, Gainesville, VA) almost 2 years ago

And I might add that if they are spending their time reading blogs about how bad they are then maybe they need to think about why they lose so many deals. Maybe they are reading facebook too..you would think that they are so dam busy and can't keep up with their files that they'd waste even more time scouring the Internet looking for negative stories about them...you know what...they'd probably find them pretty quick compared to how lousy their work ethic is.

Posted by Neal Bloom-Realtor ®CRS-Weston FL Real Estate (Keller Williams Properties, Weston FL) almost 2 years ago

They certainly don't have time to return phone calls so why would they have the time to surf the net to find your story.  Fooey.

Posted by Tammie White Realtor® Franklin TN Homes For Sale (Benchmark Realty, LLC (615) 495-0752 or www.TammieWhite.com) almost 2 years ago

I've seen a few of these things happen.  Often at a significant loss for the bank involved.  I wonder if the shareholders of the bank could hold the bank responsible for wasting their money.

Posted by Gabe Sanders, Stuart Florida Real Estate (Martin County Residential Homes, Condos and Land Sales) almost 2 years ago

Don't you just love it when people repeat themselves? I'd say, "go ahead, make my millenium!"

Posted by Jackie Connelly-Fornuff Century 21 AA Lindenhurst NY (Lindenhurst NY Real Estate Agent) almost 2 years ago

Richard, I can see that the threat has you concerned. Good for you I think it is great when people fight back, the big businesses don't quite know how to deal with it, so they make threats....great post

Posted by Gerry Michaels GettysburgGerry (Studmuffin Media) almost 2 years ago

I really don't think that I would worry about it all that much my friend. In order to get to the legal department, one of them would have to actually work and we know that won't happen anytime soon.

Posted by JL Boney, III Columbia, SC Real Estate (Russell and Jeffcoat) almost 2 years ago

I didn't know they could do that.  I bank with a credit union that I have used for 15+ years and they WANT me to use my electronic banking, etc so I don't think they would delete an account...I have mo auto debits and deposits so that may keep the account alive!

Posted by Wallace S. Gibson CPM * LandlordWhisperer (Gibson Management Group, Ltd.) almost 2 years ago

Richard  - I've been threatened, too, and I wrote away.  I've even thought of changing my email signature to note "You may be featured in my next national blog post!"  Good for you!

Posted by Wendy Rulnick "Its Wendy!" Destin FL Short Sales (Rulnick Realty, Inc.) almost 2 years ago

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