March 18, 2007

Dialing for appraisals

Last month, a survey of the national appraisal industry conducted by October Research Corp. reported that 90 percent of appraisers feel pressure to inflate the value of homes to meet expectations — be it a purchase price or an estimated value for a refinance.

Of course, this isn’t the first time evidence of appraiser pressure has been aired. Just four years ago, during the boom, a similar study found that a full 55 percent of appraisers had had lenders, brokers or owners attempt to inflate their values. In 2005, Jonathan Miller, appraiser and bubble blogger, launched Soapbox to "vent" about the "pressure myself, my firm and my profession was under to make the number ‘or else.’"

"It seemed that no one really cared about ethics or the risk placed on [the] banking system," he wrote recently. "Appraisers were fast becoming the enablers to fraud and a whole lot of ‘gray areas’ that I wanted no part of."

In a boom market, meeting the expected price was not as hard to do. Everyone was making lots of money and less anxious about each individual deal going through. But now that sales volumes are down, re-fi fever has cooled and some markets have softened, mortgage brokers and even lenders try to set their target value in advance of hiring their appraiser. This leaves the appraiser caught between a house and a hard place.

"Internet-based mortgage companies call all the time," says Curt Thor of Real Estate Appraisals Association of Northern California and a Marin appraiser with North Bay Real Estate Appraisals for over 20 years. "They’re fishing for appraisers. They tell me what the number is and ask me if I can match it."

Thor says he typically won’t even look at such offers because if he can’t match the number once he visits that house, he knows he’ll find himself battling with mortgage brokers over being paid for his time. Once when this happened, he filed a complaint about the broker with the Department of Real Estate and copied the broker’s boss. "I got a check very quickly," he told me.

 
Read more….

Permalink • Print • Comment

April 21, 2006

A little unfriendly exchange about net branching

us-map.gif 

This has been a great thread and extremely educational. I have not had the time to read every single post yet but incase this hasn’t been discussed, be very careful with the employment contracts these companies want you to sign. Most of them are so predatory and lopsided that they give every labor attorney an eternal erection.Needless to say I have had my share of crooked net branch employers. I successfully sued three (reputable) companies after they breached their employment contracts with me. I was able to do this only because I had made major changes to their “standard” contracts. I cannot name names because of the settlement agreements in place but I assure you they are amongst us on this very forum and even some on this very thread.BTW, FNMS’s contract is one of the worst ones I have seen but Global’s and Ameritme’s are just as bad. You might as well put on a pair of handcuffs and throw the key away for as long as they decide to pay you; but once there is a dispute (i.e. if they decide to change your pay plan) you can kiss your pipeline goodbye and look forward to their pathetic attempts at enforcing their non-compete or At Will clauses as a defense for not paying you on any loan that closes after termination.

www.brokerwatchdog.com

____________________________________________

Whoa - whoa - whoa…hold on there…Why don’t you call me before you start bashing things you are unsure about. What law school did you go to?

___________________________________________

I got so sick and tired of the bull**** and crooked brokers with their dirty hands in my pockets that I got my own license. SOOO now I am a crooked broker. I would rather be a small broker than a large sucker waiting for someone to screw me when they feel the urge.Brandon, I was not bashing you or your company. I was simply saying what I thought about your contract. You really don’t need to go to law school to read a contract. In fact, I am willing to make you a bet. Post your contract on here and let me tear it apart. If I lose, you win. If you lose, I win. Deal?www.brokerwatchdog.com

__________________________________________

Wow… Here we go!!! Grab that popcorn and sit back a while…Ready!!!!!Set!!!!

Go!!!

__________________________________________

Brandon,As I said in my e-mail, no one is accusing you of being a “greedy so and so”. However, in any relationship, when the balance of power shifts too much in one direction, the likelihood of abuse increases tenfold. What you are saying is no different than a husband in Saudi Arabia telling his wife – “As long as you don’t cheat on me I will be nice to you; but god help you if you look at another man. I will kick you out on your ass with no money.” Sorry but I thought we got rid of feudalism a long time ago. This is not a nation of Lords and peasants where the lord gets to decide the peasant’s faith as long as everything is to his liking.No one is saying you or anyone should tolerate fraud or illegal activity by a branch manager but that doesn’t mean your contract should give you blanket immunity to do what you wish. If you are concerned about fraud then put that in the contract but don’t make it so vague so you could abuse your power in the event of a dispute. Perfect example is what Apex is doing to its loan officers. Just because there is a missing paper in the file, it doesn’t mean they should keep the money and not pay the LO. That is just bull***. But the way most contracts are drafted they give the net branch every right to screw around with the loan officers’ money, all in the name of compliance.

www.brokerwatchdog.com

____________________________________________ 

____________________________________________ Watchdog,I have set a meeting with my attorney and we are going to review & change out policy on non-compete & pay releases to make the playing field more even. This is all to show you & this forum that I am a man of intergrity and Ameritime is different.I stand behind everything I say or do. I am trying to make ou industry better. 

 ___________________________________________

 ___________________________________________ 

I just wanted to thank you all for the wealth of information on this topic. I’m learning the process with netbranching as I go along because I did not know all the critical questions to ask before signing up with Apex. No fault of anyone but myself. My company is licensed as a broker in California. We are trying to expand to different states in our own name but need to NB for the time being as we slowly go through licensing in other states.The problem I am running into is the marketing (mailers and telemarketing) that we do in states outside of our home in Califonia. We have many LO’s that telemarket for us and I would love to find a net branch solution where we can have a DBA and use our existing name. If anyone knows of a NB company that allow this, I would love to know.Do all netbranch’s that market into other states use the name of the Netbranch parent (i.e like Apex or Ameritime, etc..).Perhaps partnering with an actual fed charted bank is a better solution for us??? I don’t know. I’ll have to do more reasearch. But, I’m learning as we go.

Thanks

Tony 

 _______________________________________

 _______________________________________ 

Brandon,That is good to hear. When I reviewed your contract there were about eight or nine sections that were totally unacceptable so I hope you really mean what you say and you will make all the required changes to make your contract at least as acceptable as that of Amstar and Apex (not that their contracts are perfect).I will hold judgment until you make the changes. But I hope you don’t mind me not holding my breath….It is just that I have heard these promises on public forums (good PR, etc…) a few times before; but at the end of the day the contracts were not much better.


______________________________________Watchdog,So basically my word is not good enough?? You must have been either a lousy loan officer, a horrible businessman or both, because it seems everywhere you went, you got burned. Are you sure it was the company?I am done with this thread & post. I have been honest and open from day one, but to stay on here and allow you to cast judgement on me and my company is wrong. Ameritime has one of the best names in the industry. You say its not personal, but now it is. You bash my company, my ethics & my intergrity…all with a smile.

Good day and good luck.

__________________________________________

julian is one smart cookie. thank god he’s on our side

___________________________________________Brandon, how can it be personal? I don’t even know you! But I am glad you are showing your true colors. A little too emotional for my taste. Would have hated to have signed one of your contracts.Midas, Send me your direct line and I will call you. But no toll free numbers please.Thank you all.www.brokerwatchdog.com

_____________________________________

 

Watchdog,

I’ve read practically the whole forum on Net Branches, and still cannot distinctly ascertain as to who I should sign with. I hear a “few” good stories and “lots” of horror stories of who to avoid. From this forum, I can’t even determine who Midas is or who he is with. Is it Apex Lending, Aapex Mortgage, or corebanc. I have a personal friend here in GA who’s signed up with Apex Lending. He seems to like it. Please give me your honest opinion of who you think is the best to sign with. What net branch opportunity is actually out there that is committed to staying compliant, is honest and ethical, offers a 100% with a file fee, fast processing / funding and a fast paychecks? ___________________________________________________________

 

As I said:“But the way most contracts are drafted they give the net branch every right to screw around with the loan officers’ money, all in the name of compliance.”No company should be allowed to sit on your money because of a missing piece of paper. If I have the missing document I will give it to them but if I don’t have it I am not going to manufacture it just to get paid. If something is missing and cannot be found then it is Apex’s tough luck. After all that is why they keep $600 per file. That should be more than enough to cover occasional fines. Alternatively, since they are sitting on the money, they can get off their behinds and go get/find the missing documents but they have no incentive to do that. Do they? They would rather have every file miss a document so they could keep 100% of the fees.www.brokerwatchdog.com______________________________________

Here here to watchdog. That was exactly my point. When some of these companies want you to pay a large fee to just open up a net branch, to me that sounds crazy; unless that is to set up the reserve account.They will advertise & say when could you ever open up a franchise for that cheap. He said to open a pizza shop would cost you 100k. Anyway, I don’t think he understands the concept of at will employment, or he just chose to ignore it.

Phu are you still around? Can I submit a couple trial loans through you guys?

 

 


 

 

Man. After much thought and research on this subject, I think I will just renew my brokers license and call it a day. The thought of contract disputes, not getting paid as promised (Duck), having someone “close” your pipeline and not pay you, then having them sue you for a non compete from a one sided contract sounds like as much fun as a trip to the dentist for a root canal without anesthesia. Was that the longest run on sentence you ever read? Time for more Vodka. I give up. Thanks for the “truth” though.


 

 

I have thought about opening a “Net Branch”, but now I’m positive I won’t. In 3-5 months I’m going to open shop in Florida, yes it costs money, and it takes time, but what use is it to me to have the ability to lend in States I don’t have a presence in? I like to meet my customers, and it’s been my experience customers like to meet their LO’s. I also think that as time goes on, the Government (Black helicopters) is going to find a problem with this situation, I.E. “using a netbranch to supercede the licensing requirements of the State”. It costs a “little” more to be fully licensed in a State, but i’ve never had a problem being paid by an actual lender. My check is there at closing, plus I have the added benefit of being able check the HUD-1 to make sure i’ll get paid. From what i’ve heard on this post, a netbranch L.O., like Duck has said, has a promise he’ll get paid, but it seems there are ways around that. I sincerely hope I haven’t pushed anyones buttons, or stirred up any controversy.

Nothing but love.


 

 

Elgin,

Sorry but you’re asking the impossible. If you can’t ascertain anything from all the information, links, dialogue (good or bad) and then apply it to your particular situation (which is going to be unique to YOU) then what good does a recommendation of someone saying “this net-branch is the BEST” going to mean? It’s still someone else’s opinion.

“BEST” is a relative term and really only applicable to you. Consider the fact that YOU’RE really conducting a job interview. Not the other way around. This forum is providing a means to help you in your fact-finding. Like a college research paper, you’re gonna have to check and compile many different sources to arrive at a place where you feel comfortable and ready to make a decision.

Hang out. Get involved. Ask more questions. Share what research you come up on your own because THAT is the KEY. Trust me, others WILL respond in time otherwise we wouldn’t have over 8000 “views” on just this discussion. It’s no different than the principal behind building website traffic.

Welcome and glad you joined the forum. Look forward to your future participation.


 

I have never, ever held anyones money. Its not right and I wouldn’t want that done to me. You can ask anyone involved with Ameritime. People have bills to pay and families to feed.

If a disclosure or something is missing, I don’t hold people’s money for ransom…we work together to get the issue resolved. It’s just not that big of a deal and it always gets done a lot faster that way.

If a company is holding your pay, I will bet they are having cashflow problems and are riding your money. Excuses…

As far as contracts are concerned, yes, they are in my best interests. What took me many years and a ton of cash to develop I am willing to give to you in 48 hours. If you are an intelligent, responsible individual then you have no worries. I have NEVER had to enforce my contract and honestly don’t want too because that means something horrible has happened and it could hurt everyone involved…serious fraud, embezzlement, etc… I have to have something to protect me and I think everyone would want that also.

I’m not a greedy, cut-throat business man. I didn’t start Ameritime to screw people over. I just want our industry to have a good name with good people. I am the only CEO of any large mortgage company that is on this board, so you can tell I am passionate about this industry. Owner, President & CEO - Call me. Net Branch Opportunities Available! Great programs that you can choose. Click on the “How it works” page of the site.


Watchdog,

From what you’ve shared here, either you’re talking from direct experience or you’ve been around long enough to see many of the pitfalls you speak of. I appreciate your list of “Caveats” because one can’t be too careful. On the other hand, and not to sound in defense of employers, what would you have them do? After all, they did hire the attorney’s to draw up the contracts you speak of. Wouldn’t it stand to reason that it would LEAN somewhat in their favor? In 20 years I’ve never seen a employment contract with a broker that I liked. Still, I signed. Plus, I pay an attorney to review any legal documents I’m considering so I can way the risks. There’s holes in any rules or regulations whether it’s local, state or federal. Whether it’s 1099 vs W-2, or compliance or some pencil pusher who has a #2 up there butt and thinks they can bully you or hold your broker check, right? It’s impossible to foresee everything. I don’t think you’re gonna find perfection anywhere. Like an IRS audit, if enough “red flags” are going off in your brain concerning a net-branch, hopefully there’s time to back away in time. Unfortunately, it’s like buying real estate, you can’t possibly know everything that’s gonna happen before you go into the water.

I suggest you got the makings of a great article and “checklist” when it comes to decision-making time in choosing a net branch. Maybe you could provide a “Top 10 List” like Letterman? (but in a more serious fashion, yes?).

I also like to see this conversation change gears so we don’t scare any more net branch providers away. Just my feelings on the matter and nothing personal.

Chez

P.S. You’re right about the employee pay, minimum wage and O.T. but, it varies by Chez, State. Also, it depends on the percentage of pay the LO is getting commission-wise. Ameriquest got nailed in a class-action suit on the same issue awhile back. That’s why I believe the move to W-2 will become more and more preveliant. Of course, I’ve been wrong there before.


 

 

Permalink • Print • Comment

March 19, 2006

What is in it for me?

Mortgage Brokers, Credit Card issuers, Realtors, Car Dealers, Arms Dealers, Politicians, Priests, Mullahs, Rabbis, Monks, Mobsters, Loan Sharks, Prostitutes and Pimps are all made from the same genetic blue print. It all boils down to “what is in it for me?”

Permalink • Print • Comment

March 4, 2006

Background

I started posting threads on Mortgagemag’s net-branch forum back in January 2004 after my employment contract with a well-known mortgage company was terminated. They owed me over $50,000 in commissions and didn’t want to pay. After months of sending letters and asking for payment of my wages, I finally threatened them with a lawsuit. But instead of paying what they owed they simply fired me and all my staff! They ignored the employment contract that I had drafted and they had signed, thinking I could not afford to litigate.   

The Mortgagemag forum allowed me to vent my frustration and share my experience with hundreds of other loan officers and branch managers who had their own stories of similar situations. My posts on this topic also lead to heated discussions and debates on many other subjects of concern to our industry and within a few months we had one of the most interesting and intellectually stimulating mortgage forums on the internet. I want to thank Bill Draving for creating the forum and supporting it. I also need to give credit to several other individuals who made major contributions to the forum by their thoughtful and engaging posts - Jim Face (Jim), Ron Litt (webwizard), SwishALLNET, buckeyes, Don Yount(swmortgage) and Gary Coggin (Retailplus).

Mortgageshoptalk.com was launched in December 2004 as a venue for developing a strong network of loan officers, branch managers and mortgage brokers (Broker Network) that could join forces to gain leverage with service providers, wholesale lenders, lead aggregators and net-branch companies. In addition to increasing each individual broker’s bargaining power, the network’s collective knowledge and wisdom will empower each one of us in our quest for excellence in a challenging market that is continuously evolving.

A new forum (http://www.brokerwatchdog.com/smf) was launched on February 27, 2006 as a gateway for registering new members and communicating with other members of Broker Network. The forum has an area where you can rate vendors, lenders and net branch companies and read about other broker’s opinions and ratings of the companies you may be thinking of joining or hiring for services. 

Additionally, I have negotiated preferred terms and pricing with some of the most reputable marketing companies who have agreed to offer Broker Network affiliates volume pricing on mortgage leads, turnkey direct-mail and telemarketing campaigns, printing services and a whole lot more. Soon you will be able to search and conduct counts of available mortgage leads in your target area and download the data directly from our website. You will also have access to marketing material and sales letters that have been tested by other members for response rate and performance. I have arranged for a call center to accept inbound calls and take mini 1003 applications from callers so you will never miss a response from your direct-mail campaigns. You will own the inbound toll free number and a control panel, which will let you record all inbound calls and lookup each caller’s name and address.  To promote members of the network this website’s directory will list all members who have made two or more posts on the forum with a link to the member’s website, which will help us all achieve higher rankings on search engines. I will soon be starting a link exchange program for the Broker Network members and offer additional tools for driving traffic to our websites.

Since this is a new venture your support is critical. Please register on the forum and post an announcement or start a new thread. Ask your friends to do the same. Our strength will depend on the size of our network and we will all benefit from its success.  

Julian Bond (Godfather)            

 

Permalink • Print