What’s Coming
Here’s the Expected Content (to be revised per needs and demands):
Legal Documents and Articles or Videos
- Naming your company(ies);
using "d.b.a." and nominees - A better Borrower’s
Authorization to Release Information - A concise (2-3 page)
explanation of the A-B-C short sale process to introduce
it to real estate brokers and help them understand it is
legal - Handling Broker’s
questions and objections about fiduciary duty to A vs. B - The 10 or more most
Frequently Asked Questions, with answers - Taking the Affidavit
of Understanding seriously and adjusting it for an
investor-buyer who holds a real estate license - The Option Addendum to
the CAR NOD PA form and how to use it - Which CAR forms do you
use and not use? - How the (non-)Listing
Agent sets up the commission relationship with
distressed Seller - How a Listing Agents
handles the Withdrawal from Listing Agreement, or,
alternately honors an assignment of rights to the "B"
investor purchaser. Pros & cons. - Extra language to add
to the MLS comments, etc. - Extra language for the
B-to-C purchase transaction - How many hats can you
safely wear? (Buying agent? Selling agent? Investor?
Negotiator? Etc.) - Establishing
agreements with "finders" or "bird dogs" - Establishing
commission agreements, calculations and splits between
the A-to-B and B-to-C transactions - Sensitive issues in
presenting information in the short sale package (esp. a
"listing agreement" when there technically isn’t one) - Handling A’s lender’s
restrictions on transfers (B of A #10 and similar) - Staying clear of
Section 1695 Home Equity Purchaser Law - Staying clear of
Section 2945 Foreclosure Consultant Law - Documents when B needs
to step out to facilitate lender restrictions – and
still make money - Understanding legal
vs. illegal "flipping" - Understanding debt
forgiveness income, form 1099 and how to safely explain
them to sellers without practicing law or other
liability traps - Understanding risk of
deficiency liability and how to safely explain them to
sellers without practicing law or other liability traps - Who can legally be
paid for loss mitigation services? If the banks will pay
. . . - Working with
transactional funding sources - Documents for finding
and using private money - Using non-funded
closings when, and if, possible, to save funding costs - Cancelling a
transaction if the Seller goes postal on you - Handling transactions
when the seller might abandon the property and/or move
away - Understanding
California’s licensing of "Private Fiduciaries" and how
it affects the use of powers of attorney and trusts - When is a team member
an independent contractor or an employee for income tax
purposes?
Practical Business Tips:
- Maximizing tax
deductions in your businesses - Does an
out-of-state (i.e. Nevada) business entity make
sense for you? - Understanding key
differences between LLC’s, S corporations, and C
corporations - Protecting capital
gains treatment if you flip properties and hold
long-term - Establishing a
business image without infringing other’s - How doing loan
modifications, or making loan modification
referrals, can help or hurt your business. Who can
legally handle loan mods in California? Who can
charge an advance fee (plus pending legislation that
might change the answers). - Choosing and
"training" an escrow office - Choosing and
"training" a title company - Finding and
working with lenders for the C purchase – it’s tough
out there - Cheap and
practical ways to establish separate identities for
your entities and "d.b.a"s - Cheap and
practical ways to handle web site and Internet
issues - Creating an
entrepreneurial mind set. How attitude and thoughts
determine the height of your business - Using the
Realeflow software service to make your business
more productive, limit legal liability, and provide
real time transactional status to your team members - How a seller’s
bankruptcy can hurt or help a short sale.
Encouraging them to time it right.
Current Topics and Alerts;
- Lender’s
tricks and restrictions to deter "flipping" - Changing
issues and requirements from different title
companies - What’s
happening for real members "in the trenches" - Lender demands
for seller’s notes/contributions to non-recourse
debts - What’s not
working for C lender seasoning issues?
Differences for conventional vs. FHA - New
legislation that could affect the business?
Recommendations for political action.
Special benefits and possible advance membership programs or products:
- Subcribers receive an additional $25/hr. discount
from hourly based services with Ballard Law
Office. - General
documents, such as the concise explanation
of the process for broker review and the
FAQ’s (on a pick and choose basis; you don’t
necessarily pre-answer all objections) can
be personalized from Ballard Law Office for
RESI members who also become clients of
Ballard Law Office. - Referral
to preferred title, escrow, transactional
funding, and end buyer lenders who
understand the system, service your area,
and want your business. - Ability to
participate in test programs for creating
solutions to seasoning and similar issues
before they are released. - Preferred,
early access to the FHA and conventional
seasoning solutions when they are developed. - Provide
master documents as form-fillable PDF
documents; Realeflow automated forms; and/or
customized to your business. - Assistance
with creating presentations to brokers, etc. - Making
deals work that inadvertently go to
foreclosure - The
Ultimate Liability Limiter: A California
specific booklet (and/or DVD/webcast) that
explains to Sellers their different choices,
the option contract A-B-C method, and how
the investor driven short sales model may
work best for them. Will contain a sellers
written acknowledgment to sign for your
file. - Applying
similar documents and concepts to an REO or
foreclosure auction-based business
- Subcribers receive an additional $25/hr. discount
- Lender’s
- Maximizing tax

