Some of you have been reading my blabbering for years and may remember the death threats from a certain real estate agent in Corpus Christi for challenging him about the legality of a $50,000 rebate to the buyer on the purchase of a $200,000 home. Funny, I sent him my photo, a map to my home and office, told him to call me from the Corpus airport and I would pay for his ticket here then get him a limo from the Atlanta airport to my home or office depending on the time of day. Evidently he wasn't arrested by the local Sheriff to whom I forwarded his somewhat graphic email. But here we go again. Different day, different topic, same people trying to skirt the
As long as there is a nickel there will be a crook. Today, more than ever, there are more and more "pay per closing" lead pushers hawking their illegal services. Of course they really like me because not only do I non-anonymously report them to HUD I tell them I am going to and why I am going to. Why look, here's one now:
Stop Paying per Mortgage Lead Today!
1. Join The P_F Network
Sign-up and start getting a constant flow of fresh mortgage leads added to your P_F mortgage lead account. Only pay for leads that turn in to a deal. With P_F you know what your ROI will be with no risks.
2. Start Receiving Hot Mortgage Leads
We add dozens of mortgage leads to your account on a daily or weekly basis that are in your area/state. You can contact these mortgage leads using the LEADS System which we provide.
3. Only Pay For Deals That You Close
When you get a mortgage lead that turns into a closing, then our "Per" close fee is deducted from your account. You only pay per closed loan deal.
And you, too, can violate RESPA just by joining and playing the "per closed loan deal" game.
I know what they say in response because I heard the speech when I called and asked if they are nuts: "Well, you don't actually pay per lead. You join our network for $1500 and when you have closed three loans you just renew your membership." And Bill Clinton did not have sexual relations with that woman, Miss Lewinsky.
Two scenarios:
Billy is not in the real estate business. He sells leads, that's all. He has several websites and buys time on the air for his LendingSpree.nut website and he generates a few thousand leads per month. He sells hot leads (less than 24 hours old) for say $50. He sells 3 day leads for say $25, and month old leads for $5. So if the lender deposits $1500 with the company they can pick and choose which leads they want.
Billy's brother Gordy is also not in the real estate business. Gordy worked for Billy for a while and heard all the complaints from clients that they are tired of paying for leads that never close so he starts his own company called the PBF Network. He doesn't want you to pay for any leads that don't close but he heard he can't charge you that way so he starts a "Membership Club" where members have unfettered access to leads ... until the close enough of them to eat up their membership at $500 per whack every time a lead closes. But he's not charging "per closing" if you ask him. His advertisement, however, is not worded that way. It reads "Only Pay For Deals That You Close".
You can research HUD - it's pretty plain and simple that on deals to which RESPA applies this is a direct and blatant violation. Of course Gordy's attorneys are criminal attorneys and corporate attorneys and don't even know what RESPA stands for. I don't always agree with Jack Guttentag but on this I do. Jack writes, "Although the economics is much the same, the law sees the two approaches very differently. The $500 payment contingent upon a loan being closed would be an illegal referral fee under the Real Estate Settlement Procedures Act (RESPA). In contrast, the sale of a lead is not directly related to a real estate transaction, and is not therefore subject to RESPA."
Next on the chopping block: FHA lenders who allow brokers to originate FHA loans without being approved. (Sorry Mike, I know you're my buddy but I'm coming after this ... )
Copyright©2008 Ken Cook. Georgia and Florida real estate investment loans, FHASecure and FHA Home Loans, nationwide commercial hard money and small business loans, non-recourse loans for real estate investors
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Ken Cook - Georgia - FHA, USDA, VA and Conventional Home Loans (678) 439-8683




Our fathers and grandfathers and their fathers and grandfathers (and the ladies, too) are puking in their graves and this generation and what a bunch of idiots we are. Not all of us, just those who do not read Active Rain of course. Honestly, if you truly believe the future cannot be brighter than the past then I am of the opinion that you would be better served by living in a country that would babysit you than here where we still have somewhat of an ability to be self reliant and personally responsible. But that is just
Add to these GREAT interest rates the fact that FHA has expanded their lending criteria. In my market area we just jumped to $346,250 for a single family home and $665,850 for a four unit primary residence! Are you KIDDING ME??? And FHA fixed 30 interest rates are at FIVE POINT FIVE PERCENT???
Let's see - the big bad Countrywide can do for 6.65% APR the same loan NOVATION is offering for 5.965% APR? NOVATION's monthly pay is $1419.69 compared to $1536???


I'm sure you want to know why I am finished with Sprint and I will tell you but that is not the main purpose of this posting. I started with Sprint about 6 years ago after having been with a local company who was sold to Bell South who was purchased by WorldCom who was purchased back by Bell South which was sold to AT&T with absolutely no complaints. In fact I still have that account which is about 15 years old but I only use it for my laptop (cell card for wireless).