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C.A.R. Monthly Message March 2011

Beth L Peerce

Dear REALTORS®,

Over the past few months, I’ve been sharing with you the many things that C.A.R. has been doing to address your concerns related to short sale transactions. We recently conducted a survey to obtain information about members’ experiences working with lenders in distressed transactions. The results of the Short Sale Lender Satisfaction Survey were released just today, and I’d like to reveal some of the findings to you. (See the full results.)

  • The survey found that fewer than three in five short sales close in California, which illustrates the complexity and difficulty of navigating lenders’ and servicers’ short sale procedures.
  • The most frequent problems REALTORS® cited in working with lenders and servicers during the short sale process include unresponsiveness, onerous procedures, and long processing delays – problems that many of you probably have experienced firsthand.

Overall, the survey results show that the short sales system is clearly flawed and must be standardized and streamlined to reduce the inventory of foreclosures. I want you to know that C.A.R. has been working on many fronts to make this happen. It has appointed two distinct task forces just to help address this issue. In addition to conducting the Short Sale Lender Satisfaction Survey, another of the action items the task forces have undertaken is writing an open letter to consumers focusing the spotlight on short sales.

Continue reading: C.A.R. Monthly Message March 2011

Real Estate Fraud Becomes Riskier in Sacramento County

Dave Tanner

Sacramento County District Attorney Jan Scully announced in early August that all real estate fraud investigations in Sacramento County will now be conducted by investigators assigned to her office. For those that support strong action against the perpetrators of real estate fraud this should be very welcome news.

Up until now, the county sheriff and several of the cities conducted their own real estate fraud investigation activities. By merging these into one office, we should get investigators who rapidly become experts at recognizing fraudulent activities and moving to stop them.

This move is also important during this time of fiscal constraint. Each time a document related to real estate such as a Grant Deed or Deed of Trust is recorded, part of the recording fee goes into a special account to support real estate fraud investigation and prosecution. By consolidating these activities in one office, you only have one unit accessing these funds. That should allow more aggressive and effective real estate fraud investigation with a steady source of funding for their activities.

On the other hand, for those engaged in fraudulent activity this is terrible news. Hopefully this action, coupled with the new law in California that makes loan fraud a felony as of January 1, 2010, will go a long way to reducing the instances of real estate and loan fraud in Sacramento County.

Additional good news is that if you see real estate activity in Sacramento County that may be fraudulent you only have one place you need to go to report it. The website has yet to be updated to reflect the merger, but the info there is still good. The URL for the site is http://sacda.org/si/realestate.htm and the telephone number for the real estate fraud unit is 916-874-9045.

Continue reading: Real Estate Fraud Becomes Riskier in Sacramento County

STANDARD FORM “AS IS” CONTRACT FRAUDULENTLY CLAIMS TO BE C.A.R. APPROVED

Members have reported that certain investor buyers use a standard form “As-Is Contract for Sale and Purchase” which fraudulently purports to be approved by the CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). This standard form agreement has been used by Greenhills Financial Investment, LLC, among others. C.A.R.’s Legal Department is vigilantly pursuing this matter, which includes [...]