I can see there are valid arguments on both sides of this particular issue regarding who’s to blame.

But instead of all the finger-pointing, why not get down to the basics of how it could have been avoided if everyone understood what constitutes personal property in their state and how to do a personal property eviction?

Just thought I’d throw in my .02.

Linda

You’re exactly right and it was a regrettable choice of timing and format. It’s not reflective of the spirit of AG. I do apologize.

I’m done now.

As one who personally evicts, does the trash outs and removes belongings and understands the entire foreclosure process from beginning to end (and beyond..yes there is a beyond)..I would be more than willing to help you in any way I can. Like I’ve told you BB…you are a stand up guy and I admire you and would be willing to assist you at any time.

Contrary to what has been said, there is a very defined course of action and once followed there are no problems.

I have no idea why some here simply do not get the fact that it is absolutely the agent’s responsibility and all they have to do is take the time and modicum of effort and this type of thing would 100% NEVER happen…NEVER. Ineptitude and inexperience caused this and it ABSOLUTELY can be avoided. Don’t let anyone tell you otherwise.

Why don’t you step up to the plate and come on the air and let the country here what you have to say instead of preaching to the choir.

It’s easy to take pot shots from a comfy office behind a keyboard. Come on the air and explain what you have been saying and we’ll let the public judge that which you are saying. I’ll even give you the last word.

I’m really over you pontificating. I’m really over the pansying around and people feeling attacked. (man that word is so overused in the re blogosphere).

You want to seem to others as the Grand old sage. I say the emperor has no clothes on and I’m willing to have the “dialog” (sic) that you so seek.

Bring your best Bill, show me something. Show your peers something. Prove to me that you know what you’re talking about.

You want to talk..you got it, not on a keyboard but rather directly. Do your research, come armed and be prepared.

You know NOTHING of the foreclosure process as evidenced by your writings herein and addressing this further in print is useless. I don’t want to give you fodder for the choir..I am more interested in the masses. I will gladly debate you and show you how wrong you are and how little you know. I absolutely challenge you to debate me on the issues of this imbroglio.

Absent your acceptance of this invitation, there’s nothing left to say. You want to have the debate…email me directly and we’ll set it up.

I wouldn’t expect you to accept. However it’s fun to let others see what you look like naked.

Anyway, I was just thinking about the possibility of this happening the other day(the lock change not the following debate). It came to mind due to all the short sales in my area. My thought was to simply draw up a short letter “giving notice” to the world that the house has been sold and then simply post it on all points of entry to the property. Then take a few quick pictures of the notices for the file. It’s a very simple solution. I can’t control what others do but I can certainly protect my buyer. This stuff is not brain surgery.

Your sentences didn’t make sense because they were structured poorly grammatically and conveyed no information, not because of anything I said. As far as knowing what I’m talking about concerning REO properties, I was selling REOs before you knew they existed, so that’s just absurd.

As far as your statement “you have to at minimum be willing to openly state that agents don’t walk on water and make mistakes quite often” Of course they , they’re human. In fact I pointed out that the agent hired by the bank might have some responsibility here, but you completely ignored the facts to make your argument as you do regularly.

Again, your rant avoided the point of my comments which was the error made by the lender and their contractors and/agents (and the term here does not mean real estate professionals alone, but all of the people they employed on their behalf to act for them in this matter). You still haven’t addressed that, and they are the real culprits here.

Barry, I do work as an expert witness, and have been admitted as such in Municipal, State and federal courts. But in this instance the buyers are suing the Mortgage company whose actions caused their problems, and the buyer’s agent don’t need an expert witness on lender practices. In fact if anyone where to hire me here it would be the buyers to testify about the policies of REO departments of large national lenders work. However I am sure that they would find someone more local who would provide them with the same information.

You make the statement “you have to at minimum be willing to openly state that agents don’t walk on water and make mistakes quite often. ” After almost 30 years of working on Grievance and Ethics Committees, Hearing Panels, and Appeal Panels, I would say that statement is another piece of Cunningham bombast. I actually work towards the improvement of agent performance in my industry. But you never let facts or the truth get in your way when you want to make a glib statement.

Jeremy made a terrific point, attempting to fix a problem, which you turned into an exercise in fixing blame (and doing a poor job of that). He said “it’s a sad state of affairs we’re seeing and we ALL have an opportunity to make it right. It’s not a THEM problem, it’s an US problem. I have no doubt that readers here are working to make their marketplaces better, but there’s still work to do.” Now there is an accurate, and substantial statement.

I agree, its difficult to have a conversation with you. A conversation implies a dialog , but each Barry response is a monologue on a topic that was not part of the conversation, filled with rhetoric and inaccuracies.

In all of my responses to you in every conversation, your failure to make a coherent point seems tied to an inexplicable inability to continue with specific points in the conversation. And each new statement of yours seems to be rant after rant, with no substance other then “Agents are terrible, everything is their fault, they are all beneath my contempt”

I have no interest in who follows you in to the men’s room. and I would rather avoid your bathroom analogy, as crude and inaccurate as it is inept. Were I to be asked about your response, I would say it is almost Shakespearean. It reminds me of the speech from Macbeth, “.. a tale told by an idiot, full of sound and fury,Signifying nothing”

Joe Public’s real estate experience really ‘depends on who you get’ to help you through a transaction.

Given the vast experience of the posters here, and the maturity of real estate process, one would expect that there is a understanding of how the process does/should work.

If this group of seasoned real estate ‘professionals’ cannot agree, what level of service/competance should the public expect from their real estate preofessional?

-Ush

Barry, you wrote – “You guys here at AG really need to dig deeper and end the all out love fest. It’s like Active Rain on steroids. Let’s have some meaningful discussion and when we see ineptitude call it out so others can learn from it.”

It’s flaxseed oil, Barry, at least that’s what my broker’s telling me it is. I don’t know for sure.

Calling out ineptitude is one of the things I was hoping to do with that post, apparently that didn’t translate, but it certainly wasn’t an attack on any one individual (the agents) or the industry (at least I didn’t intend it to be). I had hoped that it’d be an eye-opener, a reminder that even when all looks well, something can – and will – go wrong. You can be uber-REALTOR®, or investor-extraordinaire, and still screw up.

Goodnight all …

regards,

“You wrote..”Aside from the fact that the sentences don’t make sense”..they don’t make any sense to you because in this regard YOU HAVE ABSOLUTELY NO IDEA WHAT YOU ARE TALKING ABOUT.

You know in order to have any kind of reasonable discussion with you you have to at miinimum be willing to openly state that agents don’t walk on water and make mistakes quite often. Maybe the agents in this case can call you as an expert witness.

They most assuredly would get a Johnnie cochran type defense..you know..OJ didn’t do it and agents are never wrong.

Like I said, you are wrong on so many points it’s not even worth speaking to you about this.

If anyone wants any information that they need to work foreclosures and understand the process, they can contact me off the record as they often do here…and you can safe face to the choir.

Wow…not sure if anyone has ever followed you into the men’s room but if they have they would have obviously told you that your s#$t most assuredly does indeed stink…contrary to popular belief.

1. Notice Of Cancellation From The Auction Clerk verifying the sale was postponed
2. Actually go To the Foreclosure Sale and make sure that it was stopped
3. If it wasn’t, possession is not granted immediately so you can have someone make ready a motion to vacate the sale
4. Have a judge issue a stay of the writ of possession

While those actions would have avoided a title issue they would not have stopped the REO department, or their vendor from making the mistake they made, and doing the wrong thing that they did.

As you properly point out the REO department is one of many departments at a lender, not all of whom have adequate communication. And when you add the MI companies, servicers, and GSEs to the mix, it gets even worse.
I have had personal experience in the past, where properties have been assigned to agents and processes set in motion, even when the sale did not take place or when the property was bought by a third party at the sale. If that had happened then the vendor who rekeyed the property and emptied it improperly, would still have done so, going back to my statement way back which was ” the foreclosure laws are really not the issue here. The issue is that the lender removed personal property without the authority to do so.”