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Julia Iden

Negotiating Short Sales – Practicing Law Vs. Brokering a Real Estate Transaction

by Steve Connell on March 25, 2011

in Hot Topics,Short Sales

Hello,

I hope this message finds you well.  There has been a very important change that you need to be aware of.

I attended the 2011 NC Real Estate Commission’s Educators Conference in Raleigh on March 7th and 8th.  The NCREC explained to all  attendees that there are 2 negotiation in a short sale.  The 1st negotiation is between the buyer and seller in coming to an agreement on completing the blanks on the Offer to Purchase and Contract which is exactly what real estate agents are suppose to do.  The 2nd negotiation is getting the lien holder(s) to agree to settle for less than what is owed and what will happen with the loss (deficiency judgments, 1099, and credit reporting) which generates stacks of legal documents that must be signed by the seller and therefore is considered to be the practice of law.  The more lien holders involved in a transaction the greater the seller’s need for a short sale attorney to handle to negotiation and make sure the documents signed by the seller reflect what was agreed upon.

Now more than ever real estate agents need to add NC Short Sale Attorneys to their list of resources.  Currently real estate agents have several names of plumbers, electricians, painters, appraisers, inspectors, and loan officers so if their client needs one of these professional services the agent can give the names of 3 professionals who can assist the consumer.  Below are 4 NC law firms along with the names of the attorneys who have also earned their Certified Short Sale Specialist (CSSS) designation.  They are ready, willing, and able to assist with short sales negotiations in order to facilitate short sale closing.

Wilde Law Firm

Steve Wilde Attorney

Sam Iden Attorney

Dustin Locklear Attorney

177 Woodland Rd

Asheville, NC 28804

Wildelawfirm@gmail.com

828-254-6061 (office)

828-388-1610 (Fax)

Ferguson, Scarbrough, Hayes, Hawkins & DeMay

James Scarbrough Attorney

John Scarbrough Attorney

65 McCachern Blvd

Concord, NC 28025

js@fspa.net

704-788-3211 (office)

704-795-0293 (fax)

Law office of Jeffrey W. Porter

Jeff Porter Attorney

711 Princess Street

Wilmington, NC 28401

jwpesq711@aol.com

910-763-2417 (office)

910-763-5395 (fax)

Collins and Collins Law Offices
Robby Collins Attorney
215 Racine Drive
Suite 101
Wilmington, NC 28403

cclaw@collinsandcollinslaw.com

910.799.0699 (office)

910.799.0663 9fax)

Don’t forget, if the homeowner is really indigent and cannot afford a short sale attorney they can go to NC Legal Aid.   NC Legal Aid has offices in major metropolitan areas such as Wilmington, Raleigh, Charlotte, and Winston Salem where attorneys volunteer their time to assist homeowners who cannot afford it.

If you know anyone who may be interest in getting their CSSS designation they can sign  up for one of our upcoming classes at Superior School of Real Estate or via www.advancemortgageeducation.com.

Remember, the more of us who understand how this works, the more people we can help, the fewer people who go to foreclosure sale, the higher OUR property values stay, and the less WE will pay out as tax payers when this is all over.  It is a win-win for everyone involved and facilitates private sector business growth.

We appreciate the opportunity to help you grow professionally.

Best Regards,

Julia Iden

Advance Mortgage Education, Inc.

“Growing Your Knowledge Tree”TM

14460 New Falls of Neuse Road | Suite 149-106 |  Raleigh, NC  27614

Tel 919.556.4822      |     AMEI Website |      E-Fax 866.543.9719

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