Friday, October 30, 2009

Message about CREATE SUCCESS WITH FENG SHUI MASTER LINDA LENORE

 
Message about CREATE SUCCESS WITH FENG SHUI MASTER LINDA LENORE

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WEEKLY PRACTICE TIP - REVISED

BROKER RISK MANAGEMENT

WEEKLY PRACTICE TIP

REVISED

 

Buyer’s Choice Act

For Title and Escrow Services in Foreclosed Property Sales

 

1.  NEW CALIFORNIA LAW:  The new California “Buyer’s Choice Act” (which went into effect immediately upon the Governor’s signature on October 11, 2009) prohibits a party who acquired title to a residential 1-4 unit property at a foreclosure sale (i.e., a trustee's sale) from requiring, either directly or indirectly, as a condition of selling the property, that the buyer purchase title insurance or escrow services from a particular title insurer or escrow agent.

 

However, the law does not stop a buyer from agreeing to accept a title insurer or an escrow agent recommended by the seller -- if written notice of the right to make an independent selection is first provided by the seller to the buyer.

 

NOTE:  This new California law does not clarify as to whether the law applies or doesn't apply depending on who pays for the title insurance or escrow services.  So, it is prudent to assume that it applies regardless of which party pays for the title or escrow fees in a transaction.

 

A "seller" subject to this law can be a financial institution, or an individual lender, who foreclosed and acquired title to a residential 1-4 unit property at the foreclosure sale.  Thus this law applies only to such sellers AND TO THEIR AGENTS.

 

PENALTIES:  A “seller” or their agent who violates these provisions will be liable to the buyer for an amount equal to three times all charges paid for the title insurance or escrow services.

 

In addition, any person in violation will be deemed to have violated his or her licensing law and will be subject to discipline by the DRE.   A transaction is not invalidated solely because of such a violation.  This law remains in effect until January 1, 2015, at which time it sunsets.

 

2.  EXISTING FEDERAL LAW:   RESPA prohibits a seller in ALL residential 1-4 property transactions (on which there is a federally-related loan – essentially all institutional loans) from requiring the buyer to use a particular title insurance company, either directly or indirectly, as a condition of sale.  Escrow services are not covered by this law.

 

However, according to HUD, it is not a violation of RESPA to require a buyer to use a particular title insurance company so long as the seller pays for it

 

Buyers may sue a seller who violates this provision for an amount equal to three times all charges made for the title insurance. 

 

See Weekly Practice Tip entitled: “Seller Requires Buyer to Use a Specific Title Company”

 

REO SELLER REACTION TO THIS NEW LAW:  Perhaps predictably, the REO sellers have reacted quickly to this new law. 

Typically, if the buyer requests to use certain title and escrow companies, and the contract states that seller will pay them, and if there is no counter from the seller on this point, that is what happens.  

However, REO lenders are now coming back with a counter that basically states that seller will pay all or a part of title and escrow, or alternatively agree to give a credit to buyer, but only if the buyer agrees to go with the title and escrow companies “recommended” by seller.  Thus, if buyer wants to go with the title and escrow companies requested by buyer, then buyer must pay. 

This, of course, makes the issue of who pays theoretically subject to negotiation (and therefore not a violation of the Buyer’s Choice Act) but, in fact, REO lenders do not negotiate very often, so the buyer is stuck with the option of accepting the seller’s recommended title and escrow companies with the seller paying all or part of those expenses (or granting a credit) or else insisting on their own title and escrow companies and paying for it.

This, unfortunately, is legal under the Act.

PRACTICE TIPS:

 

1.  REO Listing Agents: 

 

A.  Do not be involved in a REO transaction where the REO seller is requiring the buyer to use a particular title or escrow company.  Advise the REO seller of the new California law and that you cannot participate in a transaction where the buyers are compelled to use a specific title or escrow company.

 

            B.  If the REO seller is recommending that a particular title or escrow company be used, be sure to include a notice of the buyer’s right to make an independent selection of such a company prior to entering into a contract where one of these recommended services is used.

 

2.  REO Buyer Agents:  If you encounter a REO seller or listing agent requiring your buyer to use a particular title or escrow company, advise them of the new California law prohibiting this practice.  If the seller and/or listing agent continues to insist on using a particular title or escrow company, advise your buyers and recommend that they talk to an attorney about their rights under this new law.

 

3.  All Buyer Agents:  If a seller on any residential 1-4 unit property (on which there is a federally-related loan) insists that a particular title company be used, and the buyers are expected to pay for that service, advise your buyers of the provisions of RESPA and advise them to consult with an attorney regarding their rights under RESPA.

 

            FORM:  You may use the Advisory on the following page to advise your buyers

of their rights under this act.

 

DO NOT FORWARD TO SELLERS OR BUYERS.  This Weekly Practice Tip is for the exclusive use of clients of Broker Risk Management and their agents.  It may not be reproduced or distributed without the express written consent of Broker Risk Management.  The advice and recommendations contained herein are not necessarily indicative of standards of care in the industry, but rather are intended to suggest good risk management practices.

 

Thursday, October 29, 2009

Upcoming Education

CAR Contract - Legal Update

 

When: Friday October 30th

Time: 9:00am - 12:00pm

Where: SCCAOR

(1651 N. 1st. St San Jose, CA 95112)

 

1-3-5 Goal Setting Document

Attached is the link to a template for the 1-3-5 Goal Setting.

https://www.onlinefilefolder.com/4s2n5GxN2Zdcry

Wednesday, October 28, 2009

Breast Cancer Awareness

Hi all,

 

I'm working on a little project and was hoping you could help. I'm making a place on the board for breast cancer awareness. I was hoping some of you would be willing to provide a photo, or just a name, of a loved one who has or has had breast cancer.  You can e-mail me a photo with their name or bring one in and I'll place it on the board in honor of them.

 

If some people wish to remain anonymous you can pick up a pink ribbon from me at the front desk and just write Mom Or Sister on it as well.

 

 

Thank you all!

Have a great day!

 

 

-Jaime Shirley

Keller Williams Realty

Call Coordinator

 

408-626-9800

cc@kwsv.com

 

Thanksgiving Potluck

Thanksgiving Potluck

Keller Williams Realty

is holding a

Thanksgiving Potluck on

November 17th from 11am - 1pm

Here at the office!

(2110 S. Bascom Ave Suite 101)

 

We hope you will join us!

 

Please sign-up to bring a dish on the board (in the mail room)

or e-mail cc@kwsv.com and let us know

what you’ll be bringing.

 

Remember we provide the turkey!

Recruit Select w/Paul Morris

 

Only 1 Week Left to Register for

Recruit Select

 

Click Here to Register On-Line

 

 

Debbie

Debra A. Bradley

Regional Operations Manager

Keller Williams Realty

Northern California & Hawaii Region

3001 Lava Ridge Court, Suite 100

Roseville, CA 95661

(916) 580-0408 Direct Line

(916) 580-0346 Fax

(925) 260-2083 Cell

regional21om@kw.com

 

"Yesterday is gone. Tomorrow has not yet come. We have only today. Let us begin."

 

Tuesday, October 27, 2009

I need a great Realtor in Bakersfield area!

Please email me with the contact information and at little about the agent. I have a client that has parents that need an agent to sell their home in Bakersfield.

 

Thanks in advance!

 

Warmest Wishes,

Kimberly Leal

Real Estate Consultant

Keller Williams Realty

Cell: 408-394-8595

Fax: 408-583-3787

www.KimLealRealtor.com

 

 

 

SANTA IS COMING TO TOWN!

Santa Is Coming To Town!

 

 

 

We would like to invite you and your children to a

luncheon with Santa!

AND he’s bringing gifts!

(For children 15 and under.)

 But Santa’s memory is fading and he’s asked me to get some information for him!

 

Agent's Name:_____________________________

Children's Names: __________________________

Sex of the Children:__________________________

Age of Children: ____________________________

 

PLEASE RETURN THIS INFO NO LATER THAN DEC 4TH

 

 

WHEN: December 13

 TIME: 11:30am to 1:00pm

WHERE: Keller Williams Realty at 2110 S. Bascom Ave Suite 101

Campbell, CA 95008

 

 

 

 

Monday, October 26, 2009

For your Health! Open Enrollment Extended to NOV 13th, 2009


Subject: Health open enrollment extended for final time - Nov. 13 deadline!

 

http://rpm.kw.com:81/OT003440ODI0NzI4OTMA.GIF?D=2009-10-26

 

Last chance to Enroll in Guaranteed Issue Health Insurance

"I feel very confident in joining SBU, a company with
such dedication to its clients. It’s so very hard to find
these days! I encourage all Keller Williams agents to
look into their health care benefits, as I found them to
be very competitive."
Lori Foster
Keller Williams Group One Realty

Due to an overwhelming response, coverage has been extended one final time for 2009!

(Next enrollment will be in September 2010)

http://dada.elevation-tech.net/userfiles/image/SBUA/3.jpg

 

 

http://dada.elevation-tech.net/userfiles/image/KWlast/dataBox.gif

 

 

Call the Benefit Hotline to speak with one of our licensed Benefit Solution Specialists available from 7am to 7pm Central Time.

To view available plans please visit www.sbua.org/kw

888-SBUA-INS
(888-728-2467)

 

Keller Williams Approved Vendor

 

 

Neither Keller Williams Realty, Inc. nor its affiliated companies warrant any product or service delivered under this program.  All products and services are provided through Small Business United.  A Keller Williams Approved Vendor Program member is a business entity independent from Keller Williams Realty, Inc. and has no agency, partnership, or joint-venture with Keller Williams Realty, Inc

Managed by ETMG, LLC., License #1544179 • 6300 Bridgepoint Parkway
Building One • Ste. 480 Austin, TX 78730 • www.sbua.org • 877-SBUA-USA.

http://dada.elevation-tech.net/userfiles/image/SBUA/SBU.gifKeller Williams Realty

 

 

Saturday, October 24, 2009

Evite invitation from Women's Council Of Realtors Santa Clara Valley Chapter

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You have been invited by Women's Council Of Realtors Santa Clara Valley Chapter to
CREATE SUCCESS WITH FENG SHUI MASTER LINDA LENORE.

Date: Nov 5, 2009

Time: 11:30 AM

Location: Valley Credit Union


   
 
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Friday, October 23, 2009

Congratulations on your Sale!

Congratulations Bob Barrie

Ø 731 West Fremont Ave, Sunnyvale CA 94087

Ø Listing Price $469,000

Congratulations Mehdi Safipour

Ø 802 Wellington Place, Campbell CA 95008

Ø Listing Price $610,000

NEW! Vendor List on the KWSV Blog

Hi everyone….

 

Check out the new preferred vendor list located on the KWSV Blog! We are always adding new vendors and new categories to this list so if there is anyone that you would like to add or a category that you think would be useful, please feel free to email me the information and we will be sure to get them on the list!

 

Thanks,

Lindsey

lmenkemeller@kwsv.net

Wednesday, October 21, 2009

Congratulations on your Listing!

 

Congratulations Juliet Kennedy

   Ã˜  110 College Street, Mountain View CA 94040

   Ã˜  Listing Price $499,950

 

 

Congratulations Juliet Kennedy

Ø  635 Lewis Road, San Jose CA 9511

Ø  Listing Price $339,000

 

Congratulations Darrell Martin

Ø  1476 Brian Court, Milptas CA 95035

Ø  Listing Price $730,000

Congratulations on your Sale!

Congratulations Melissa Haugh

Ø  4830 Pine Forrest Place, San Jose CA 95118

Ø  Listing Price $287,950

 

Congratulations Kimberly Leal & Shannon Rose

Ø  509 Porpoise Bay Terrace, Sunnyvale CA 94089

Ø  Listing Price $635,000

 

 

Congratulations Mehdi Safipour

   Ø  780 Ivy Street, Menlo Park CA 94025

   Ø  Listing Price $

 

 

Congratulations Edith Espinola 

   Ø  2428 Schubert Avenue, San Jose CA 95124

   Ø  Listing Price $799,888

 

 

Congratulations Diane Templin

Ø  728 Excalibur Drive, San Jose CA 95116

Ø  Listing Price $289,000

 

 

Congratulations James Peterson 

   Ø  1716 Terrace Drive, Belmont CA 94002

   Ø  Listing Price $899,000

 

 

Congratulations April Young 

   Ø  88 Bush Street, San Jose Ca 95126

   Ø  Listing Price $419,900

 

 

Congratulations Julite Kennedy

Ø  8740 Kern Avenue, Gilroy CA 95020

Ø  Listing Price $450,000

 

 

Congratulations Juliet Kennedy

Ø  635 Lewis Road, San Jose CA 95111

Ø  Listing Price $339,000

 

Congratulations Lisa Grisalin

Ø  3326 Skyward Place, San Jose CA 95136

Ø  Listing Price $299,999

 

Congratulations Juliet Kennedy

Ø  354 E Saint John Street, San Jose CA 95112

Ø  Listing Price $240,000

 

 

Tuesday, October 20, 2009

Congratulations on your Listing!

Congratulations Kellie Kemp

Ø  982 Amstutz Drive, San Jose CA 95129

Ø  Listing Price $789,000

Congratulations Tim Alford

Ø  880 E Fremont Avenue, Sunnyvale CA 94087

Ø  Listing Price $408,888

 

Congratulations Mark Devlin

Ø  1562 Tobias Drive, San Jose CA 95118

Ø  Listing Price $449,900

 

Congratulations Tim Alford

Ø  4547 Laird Circle, Santa Clara CA 95054

Ø  Listing Price $575,000

 

Congratulations Mike Sibilia

Ø  4914 Rio Vista Avenue, San Jose CA 95129

Ø  Listing Price TBD

 

 

 

 

 

 

 

 

Last Chance - Cultural Diversity Panel Program

 
Last Chance - Cultural Diversity Panel Program

Looking forward to seeing you tomorrow!

WCR Santa Clara Valley Team
VIEW INVITATION
 

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Party Store Party Store: Skip a trip to the store — We have all the supplies you need for your party.
Party Guide Party Guides: Get tips for planning your food, decorations and more.
Budget Estimator Budget Estimator: Get an idea of how much you'll need to spend on your party.
Click Here
 
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Property Manager needed

My client is moving down to So. Cal and would like to rent his current property.  As I believe we're not able to do this for our clients through our current E & O insurance coverage, could someone recommend a property manager to help him rent out his property?  If I'm mistaken about our not being able to do this for our clients, please let me know at your earliest convenience.
 
Thanks for your help,
 
 
Margaret Apple

http://www.kw.com/kw/core_images/kwLogo.jpg

 
REALTOR
Keller Williams Realty
2110 S. Bascom Ave. #101
Campbell, CA 95008
 
1-888-388-7707
cell 408-646-0529

Monday, October 19, 2009

Evite invitation from annamarie-v@hotmail.com

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You have been invited by annamarie-v@hotmail.com to
Cultural Diversity Panel, hosted by Women's Council.

Date: Oct 21, 2009

Time: 11:00 AM

Location: SCCAOR- Santa Clara County Association of Realtors Board


   
 
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FW: Reminder from Evite : Cultural Diversity Panel




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Cultural Diversity Panel
Hi annamarie-v,

Women's Council wanted to remind you that Cultural Diversity Panel is coming up on Wed. Oct 21.

Your current reply to this invitation:
Yes




Party Info to Go
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Hotmail: Powerful Free email with security by Microsoft. Get it now.

Friday, October 16, 2009

Payment Plan for Family Reunion

 

http://www.kw.com/kw/content/newspages/images/FR-2010-Email-Header.jpg

Scholarship Fund

Know an agent that may need a little help getting to Family Reunion? Have a story that needs to be heard? Apply for the House of Magnets' scholarship fund.

Click here

to apply today!


Hotel Block

With six hotels already sold out, now is the time to book your room in the Keller Williams hotel block.

Marriott Conv. Center

Residence in

Embassy Suites

Renaissance Arts Hotel

Courtyard Conv.Center

Springhill Suites

New Orleans Marriott

Hilton Riverside

Doubletree

J.W. Marriott

Astor Crowne Plaza

Click here to reserve your room today!


What others

are saying

"I went to Family Reunion feeling depressed and beaten. I came back revitalized and ready to tackle anything."

 

"Family Reunion gives me the tools, insights and knowledge to go back and be more disruptive in my market place!"

 

"I always feel so much closer to peers after this event ... like we've been through something life changing together."

Three-Month Payment Plan

Back by Popular Demand!

Don't miss your LAST chance to spread your investment! You only have one month to sign up for the newly announced three-month payment plan.

Deadline: November 15, 2009

Monthly payments of $166.34 start on Nov. 15, 2009.

Click here to sign up now! 


Super-size YOUR Family Reunion

Register before Dec. 15 for exclusive content

http://www.kw.com/kw/content/newspages/images/GaryVisionSpeech_002.jpgMake the most of Family Reunion by attending an exclusive bonus session. By registering before Dec. 15, you will gain access to an intimate session in which Co-founder and Chairman Gary Keller will share his thoughts, insights and tactics to be successful in this, and any market.

Click here to register today!

Gary Keller is very much the icon and inspiration behind KW’s performance engineering programs. His several presentations during the conference produced a blizzard of facts, figures and hypotheses.

- Jeremy J. Conoway, Contributing Editor, REAL Trends


Are you a VIP?

Make next year's Family Reunion TRULY memorable!

For the third year in a row, the Asheville Market Center is leading the charge to win VIP treatment at Family Reunion. It's up to YOU to stop them from three-peating! Register, write your name your market center's VIP poster and give Asheville a run for their money.

These are the current front-runners!

Most Registered: 

Greatest % Registered:

Asheville (N.C.)

Chesapeake/Western Branch (VA.)

Crofton/Ft. Meade

St. Augustine (Fla.)

San Antonio IH-10

Mesa - Integrity First (Ariz.)

Baton Rouge

Victoria (Canada)

Houston - Professionals

Plant City (Fla.)


http://www.kw.com/kw/content/newspages/images/FR10-VIP-Poster.jpgWINNERS WILL RECIEVE:

- Reserved up-front seating 

- Private breakfast with KW executives

- Public recognition during the event

- Special VIP Access to Red Bash

- and much more!

Click here to register today!

 

Family Reunion Online

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Join Family Reunion on Facebook to start building your network today!

http://www.kw.com/kw/content/newspages/images/Family-Reunion-2010-web.gifKeep updated and in the know with the Family Reunion Website.