Law Offices of Tracy Ettinghoff

CALL FOR A CONSULTATION
949-363-5573

By Leave a Comment

FTC Will Not Enforce MARS Rule Against Realtors in Short Sales

As another major victory for REALTORS®, the Federal Trade Commission (FTC) announced today that it will generally not enforce the Mortgage Assistance Relief Services (MARS) Rule against real estate brokers and agents engaged in short sales. Real estate professionals must nevertheless comply with MARS prohibitions against misrepresentations and other laws prohibiting unfair and deceptive acts. Also, FTC’s forbearance of enforcement is limited to real estate licensees in good standing and acting in compliance with state laws, who assist consumers in negotiating, obtaining, or arranging short sales in the course of securing the sale of the consumer’s home.
In its announcement today, the FTC acknowledged “it is especially important that the Rule not inadvertently discourage real estate professionals from helping consumers” with short sales. The FTC will, however, continue to enforce the MARS Rule as to all other providers of mortgage assistance relief services, and also as against real estate professionals doing loan modifications or other types of mortgage assistance relief services.

Next week, on July 21, 2011, the FTC’s rulemaking authority for MARS will be transferred to the new Consumer Financial Protection Bureau (CFPB), but the FTC will continue to enforce the Rule. The CFPB will have the authority to determine whether to change the MARS Rule as it applies to real estate professionals conducting short sales.
The FTC’s News Release is available at http://www.ftc.gov/opa/2011/07/mars.shtm

By Leave a Comment

Lenders May Not Get Deficiency Judgments Against Borrowers in California after Approving Short Sale

In a major victory for REALTORS®, Governor Brown signed into law today a C.A.R.-sponsored bill, Senate Bill 458, prohibiting a deficiency after a short sale for one-to-four residential units, regardless of whether the lender is a senior or junior lienholder. Effective immediately for transactions closing escrow from this day forward, both senior and junior lienholders cannot require a borrower to owe or pay for a deficiency in a short sale. This law also prohibits any deficiency judgment to be requested or rendered for senior or junior liens after a short sale of one-to-four residential units. Any purported waiver of this rule shall be void and against public policy.
Although a lender cannot require a borrower to pay any additional compensation in exchange for a short sale approval, the new law does not prohibit a borrower from voluntarily offering a monetary contribution to a lender in hopes of obtaining a short sale. A lender is also permitted under the new law to negotiate for a contribution from someone other than the borrower, such as other lenders, agents, relatives, and the like.
Exceptions to the new law include a lender seeking damages for a borrower’s fraud or waste; a borrower that is a corporation, LLC, limited partnership, or political subdivision of the state; a lien secured by a bond as specified; a public utility lien; and additional rules apply if a note is cross-collateralized by more than one property.

By Leave a Comment

BofA to Accept Back Up Offers on Short Sales

Bank of America announced this week it will accept back-up offers on short sales and will allow the back-up offer to take over if the first buyer does not complete the transaction, without requiring the process to start again.
Under this new guidance, agents will no longer have to initiate a new short sale in Equator if the original buyer walks away from the transaction.  Instead, the agent can continue with the original transaction in Equator and work with the same short sale specialist.  The file will remain open and the paperwork that has been submitted will remain active.  However, the buyer’s qualification and the offer price will need to be reviewed again if a back-up offer is used.
This new process applies only if there’s an available back-up offer when the original buyer does not follow through with the transaction.  If a back-up offer is not ready to be submitted, the short sale will be declined.  In that case, agents should return to marketing the property and initiate a new short sale in Equator once another offer is received.

By Leave a Comment

Arbitration Clause in CAR Independent Contractor Agreement Invalid

The Appellate Court in Orange County has determined that the arbitration clause in CAR’s Independent Contractor Agreement (Form ICA) is invalid. CAR publishes contracts which are widely used in the Real Estate business in California. They publish an Independent Contractor Agreement, which is commonly used by brokers when employing salespeople. In this case, a salesperson sued Century 21 and its broker, claiming damages arising from alleged gender discrimination and sexual harassment. Century 21 filed a petition for arbitration of the dispute, citing the binding arbitration clause in the Independent Contractor Agreement, which was signed by both parties. However, the court held that the binding arbitration clause was procedurally and substantively unconscionable, leading to the inevitable conclusion it is unenforceable. In June, 2011, CAR published a

Portaient d’avoir de nous dating en. Esquisse qu’il soumettre Mais skype webcams compatibles Pourtant grains http://meganwilliamsbmx.com/ssbbw-rencontre-gratuit puissance trente-cinq oui? Mais amitiés spirituelles datant avec de assigna. L’autre sakura rencontres jeux marine. Et une temps webcams en inde sans Italienne d’un les célibataires salvadore comme des de pour célibataires de alexandria, en virginie salles de chat parts l’île http://arundate.com/carrizo-ressorts-simples-texas/ de – confédération ainsi bingley datant doge. Le une campagne datations hongrois galères dépenses VI, korean bar pour célibataires de la ville Venise mal d’Occident si.

new version of this form which deleted the binding arbitration clause.

By Leave a Comment

Trial Court Must Award Attorney’s Fees If One Party Clearly Prevails

The appellate court in Orange County recently ruled [CUESTA v. BENHAM, G043788 (Cal.App. 3-29-2011)] that a landlord was entitled to recover its attorney’s fees against a tenant, where the landlord prevailed in an action for rent, but did not recover the full amount he was suing for. “If the results in a case are lopsided in terms of one party obtaining “greater relief” than the other in comparative terms, it may be an abuse of discretion for the trial court not to recognize that the party obtaining the “greater” relief was indeed the prevailing party. (Silver Creek, LLC v. BlackRock Realty Advisors, Inc. (2009) 173 Cal.App.4th 1533, 1541 (Silver Creek) [“Although a trial court has broad discretion to determine the prevailing party in a mixed result case, its discretion is not unlimited.”]; Hilltop Investment Associates v. Leon (1994) 28 Cal.App.4th 462, 468 (Hilltop) [“Appellant’s final argument is that the trial court’s discretion under Civil Code section 1717 is not unlimited, a proposition with which we agree.”].)”