This article is from a real estate column I am running in my June 2010 newsletter, “Wizard’z Wordz”.

An Interview with Elayne Wooding of Showhomes, St. Petersburg

photo of Elayne WoodingConsidering that many of the readers of “Wizard’z Wordz” are real estate professionals, I thought to dedicate this month’s feature interview column to a real estate professional.

If you are not in the real estate industry, perhaps you are selling or buying a home or know someone who is…you may find this interview still rather interesting. Most small business owners are typically interested in learning about how others ‘think outside the box’.

This would be one such story.

Earlier this year, I came across an interesting article in Realtor.org entitled, “Consider Live-In Stagers for Vacant Homes” and was intrigued by the live-in concept. The article featured a company called Showhomes; a Nashville, Tenn.-based company, which has eight offices located in the state of Florida, (where I am located). Showhomes provides live-in stagers for vacant homes that are for sale.

I probed further and discovered a Showhomes office located in St. Petersburg which is managed by franchise owner Elayne Wooding.

Thank you, Elayne for so generously donating your time to answer a few interview questions for our readers.

Q – Please explain how you got into the staging industry and why you opened Showhomes St. Petersburg.

EW – I decided to become a home staging entrepreneur after working my way up the ladder in the real estate and finance fields. We’ve had so much negativity when it comes to real estate. I’m thrilled to be a part of a solution that helps everyone – the homeowners, Realtors, builders and top notch home managers that we find to live in the homes while they are on the market. It’s extremely rewarding to help people in distressed situations and homeowners who feel overwhelmed by all they are up against because of the market for high-end homes.

Q – Who is your ideal customer?
EW – The sagging real estate market has created ideal market conditions for Showhomes’ services, which help local realtors sell properties by transforming high-end vacant entities into valuable, staged homes.

Q – Why would a seller wish to use your services?
EW – If you present a vacant house, buyers are often unable to visualize the empty space as a home. Even if the empty house sells, it is often for a price far below the list price. Because the home is vacant, buyers expect a bargain – hoping to take advantage of an owner they think is desperate to sell. If you present a Showhome, buyers are able to visualize the fully furnished and decorated space as their home. This personal connection leads to a premium sale price. Buyers make higher offers because they have already bought a home in their mind – they can see it as theirs, and will offer a premium price to make sure it becomes theirs.

Q – If I were a seller, explain the steps involved in contracting with Showhomes.
EW – Contact us directly www.showhomesstpetersburg.com for a no obligation proposal.

Q – What is the cost of your services?
EW – Nominal Set-Up fee when Home Manager occupies the property, No monthly fees. Staging fees are paid at closing when the home sells.

Q – What types of homes do you accept into the Showhomes St. Petersburg program?
EW
– Vacant homes generally starting from 300K to 8,000,000k.

Q – What are the benefits of staging a home using the services of Showhomes St. Petersburg?
EW – Transforming vacant houses into valuable, cared-for homes that buyers respond to.

Q – Do you have any statistics to back-up the benefits of your services? [Does a home sell faster? Receive more offers? Gain more traffic?]
EW - According to a survey from National Association of Realtors Showhomes sell 10%-20% faster and an average of 93% of list price.

Q – Besides staging a home, what role does the Home Manager play in the sale of a home?
EW – Keeping each home in show-to-sell condition seven days a week.

Q – With the Home Manager living at my home, do I have any guarantee that nothing will happen to the property?
EW – Showhomes contractually indemnifies the homeowner and backs this with property damage insurance on every home, plus $2,000,000 general commercial liability insurance. We also require each Home Manager to carry a minimum of $500,000 personal liability insurance.

Q – Are Home Managers’ backgrounds screened?
EW – All Home Managers undergo detailed credit and strict background checks.

Q – Can a Showhomes staged home be viewed 7 days a week?
EW – Homes will be accessible for showings seven days a week. Our Home Managers will open blinds and curtains and turn on lights to ensure that your home is in perfect condition when a buyer arrives. Buyers will see a perfectly maintained, tidy and clutter-free home.

Q – Where does the staging furniture and accessories come from? How is the staging-style determined, i.e., modern, eclectic, country, Florida-style, etc.?
EW – Home Managers who have contracted to keep your property looking like a model home. Furnishings and accessories that are appropriate for the property are owned and provided by the Home Manager and Showhomes supplements these as needed to make the property look its best.

Q – What happens if I do not like the way my home is staged?
EW – We inspect and arrange every detail to ensure that your home is shown at its best.

Q – Is there a ‘best’ time of the year to stage a home?
EW – Every time a home is on the market is the best time to state a home.

Q – Do you stage a home for holidays if requested by the seller? Do your stagers take requests for specific styles/designs if the homeowner requests this?
EW – We will use furniture and accessories that appeal to the demographic group most likely to be searching for a home in this area. We will create a warm and inviting environment.

Q – Are you specifically a staging company or do you have realtors on-site/staff selling my home in addition to staging it? Or do I use my own realtor?
EW – We are specifically a staging company. Many of our staff are licensed agents, but we work with agents as an extension of their marketing efforts and not competition.

Q – Showhomes is a franchise. Please tell us about the St. Petersburg franchise. Is your seller unique to other areas where Showhomes franchises are located? If so, explain why.
EW – Showhomes – known as America’s largest home staging company – began its operations in 1986 and started franchising in 1994. It currently has 67 franchises in 24 states. Showhomes has helped realtors and homeowners sell more than 25,000 homes worth more than $8 billion across the United States by transforming high-end vacant houses into valuable, staged homes.

showhomes-after


Q – Is there anything else you would like people to know about your company?

EW - When your home sells, we prefer a 30-day notice to give us time to relocate our Home Manager; a minimum of 21 days notice is required. We will have your home cleaned and returned to you in the same or better condition than when we received it. We will work with you to make sure your closing goes off quickly and smoothly.

Thank you, Elayne.

Contact Elayne Wooding:
Elayne S. Wooding CMP, MIRM
Franchise Owner
Showhomes St. Petersburg
111 2nd Ave. N.E. Suite 919
St. Petersburg, Fl. 33701
ewooding@showhomes.com
866-797-7426 ext. 706
www.showhomes.com
www.showhomesstpetersburg.com
Learn about Showhomes on our You Tube channel
Visit and subscribe to our Showhomes St. Pete Blog

As a virtual assistant, I control my work schedule.  When I have a client assignment to complete, most days I can execute this work around a flexible schedule. This may mean waking early, working weekends or working into the late evenings to accommodate other activities and commitments during the normal workday. But always, the client work is completed on schedule. For nearly four years, the most desirable aspect of being a virtual assistant is that I am the master of my time.

group-readingAs a result, I have been able to volunteer in the media center at a local middle school. Initially, I spent about two weeks every six months working at the school book fair and then gradually was able to work in more volunteer days for other events. Recently, I took on a book donation program called the ‘African Library Project’ to collect 1,000 books to send to a primary school in Swaziland, Africa.  Much of the publicity work such as writing press releases, creating brochures and contacting business partners through email marketing has been completed from my home office.  Again, I have been able to work these projects in seamlessly around paid client work.

I really feel that a virtual assistant (or really any home-based business owner) can actually benefit professionally and personally through volunteer work.  Here are my reasons:

1)    Humans are social beings but working from home does not afford face-to-face contact with clients and other business contacts. I work solo so the job can be rather lonely.  But volunteering allows for some face-to-face contact without having to be on-site all of the time. I can still maintain my independence and control my own time. Volunteering fills a void in my social life similar to that which I enjoyed in the past when employed in the corporate world.

2)    The publicity a volunteer can receive is priceless. All of the paid and unpaid marketing I do for my business compares little to the accolades and the unsolicited attention I receive from volunteering.  Volunteering brings people together for one cause so we share a common thread. This is the foundation for solid networking.

When I explain to people that I am a virtual assistant, a common response is to receive a ‘glazed-over-deer-in-the-headlights’ look. But when they see me ‘in action’; when they see the results of a press release or view the printed materials I have created; this is proof of what I can do for their small businesses.  And word travels fast.

3)    Volunteering gives me the opportunity to keep my publicity skills fresh. I can experiment with work in ways I normally would not do if I had to perform the same work for a client, on their dime.

4)    I make new contacts I might not have made if I had not volunteered. Yesterday, a TV news reporter came to our school to film our project. I walked her out to her news van after the interviews were complete and now have a new media contact to add to my network list.

5)  I can use the volunteer information to promote on my website, blog and newsletter. When potential clients see that I take time to help make a difference, this helps people to get to know me. After all, social networking is all about building relationships.  Further, the volunteer subjects make for good writing topics.

6)    Volunteering helps me to feel valued and when I feel appreciated, my paid work benefits.

7)  In addition to being a virtual assistant, I am a mother of a teenager.  I can preach to this child how important it is to give back to others until I am ‘blue in the face’ but if he sees that I ‘walk the talk’, he knows my message is not simply useless rhetoric.  That benefit alone is worth all of my time!

8)    Volunteering helps me to become a much more interesting person. When I embarked upon the ‘African Library Project’ I knew nothing about the tiny, landlocked country of Swaziland.  In fact, I had to pull out an Atlas as I had no idea where Swaziland was located. I now have more knowledge than I had before and spoke confidently about the country when the reporter asked for statistics for the news piece mentioned earlier.

It would be great to pick up more work for my business through volunteering but if that does not happen; I am satisfied to know that my publicity efforts have worked. I can bring up my promotional skills to a potential client during conversation and verify that my virtual assistant services are beneficial!

I have made a difference in a Swaziland student’s life.  40% of the students never advance to high school.  So my hope is that the books we collect may help to motivate a child to continue his/her education.  For me, this is the best reward of all.

Janine Gregor

Lately, I have seen so many missed opportunities for local businesses to rectify bad services complaints from customers and turn these instances into repeat sales or even referrals.  I’ve been the victim of bad service more times than not lately as I have been working with contractors to complete projects on my home. So, this  topic was worth a blog entry. 

It is not a secret that competition in the Florida construction industry is fierce. When we decided to install a swimming pool and install a fence this summer, many of the companies I received quotes from had either gone out of business or did not have the funds to complete projects. (One installer told me that if I did not make a decision by a particular date, my quote would go up $2000.) If a construction company can survive, the only factor I see is that good service is the only means which sets one company apart from the other.  Otherwise, they lose the referral business so necessary to survive.

After completing the swimming pool, we decided to fence the entire yard. We called a reputable and homeowner-referred Florida fence company and received a quote. 6 weeks later when we made a final decision to fence the yard, the salesman came out with a quote $500 dollars more than the original. As his quote was still lower than other quotes we received, we renegotiated the price although he really should have honored the original quote, which by-the-way did not indicate an expiration date. (He kept mumbling—-yes, mumbling about ‘getting yelled by the owner if he returned to the office with a quote which was too low’. ) This was the beginning of a myriad of problems with this company, which I will not itemize here but suffice to say that after installation was complete, I sent a typed note listing all of the issues that had gone awry. Along with that note, I mailed my final payment, which was promptly cashed so I know that the note was received.

Do you think the owner of the fence company would have called me to discuss what I addressed in my note? I have not heard one word.

As a result, I will not recommend this firm. My home sits at the end of a street which leads into a 1200 home brand new subdivision so the fence is quite visible. This is a missed opportunity for more fencing business.

As I mentioned, we put in a swimming pool. The project has been fraught with problems but each issue had eventually been worked out with some reasonable solution. The main problem is that I had to be vigilant and ‘on top’ of every step of the pool installation which became cumbersome (scheduling time off from my work, being available at a moment’s notice, etc.). I felt as if I was labeled ‘the homeowner who was difficult to satisfy’. My arguments with the pool contractor were valid but had I not been vocal many of the mistakes would not have been corrected. (I documented the installation of this pool so I plan to write about it in a future blog.) The bottom line is that none of the subcontractors (tiler, deck texturer, deck painters, cage installer, concrete subs) had my best interest in mind. That is what a contractor was hired to do–oversee the subs! Well, the subs asked no questions of me and simply fulfilled the job requirements. Without someone ON SITE during every phase of the construction, mistakes were bound to be made, which meant that I had to be the one to bring these to the attention of the pool contractor. It did not make for a good relationship. The contractor kept saying, “We want to please you” but that became a burden to him. I could feel that tension. I told him he needed to be here every step of the way.

I visited a local salon to make a hair appointment the other day. I had a bad experience at this salon about a year ago, which was fixed by another hairdresser but it required another visit back to the salon and another monetary tip. I had not been back to this salon since that incident occurred but decided to give the business another try. (I met the owner outside the shop one afternoon and she convinced me to try her services again.) Well, when I made a new appointment last week one of the hairdressers (not the one in question) became defensive when I explained why I had not patronized this salon in some time. It was as if she was calling me a liar. A better way to have handled this was to just simply say that this time the salon would guarantee the work they would do with the new appointment I had made. But,that did not happen. I left there wondering again what the results would be with this new appointment. No customer should leave any place of establishment wondering what lies ahead.

You see, I want to get the most from my money. Every dollar counts. If I am going to pay $100 for my hair to be lightened, I want value for that price. If I am going to pay tens of thousands for a new swimming pool, I want the tile to be installed in some kind of fluid pattern and expect that the tile-guy will have that expertise. I do not want to come back and say, “That’s not the pattern you showed me in the catalog”. If I am going to pay a few thousand for a new fence, I expect that the installers will have the survey in their possession when they arrive. I also expect that I will not get a call the day of the installation to say the construction crew is on its way despite asking for a phone call one day in advance.

And, I expect when I have a concern about work that is being done, paid for by me, out of my own pocket that this will be addressed in a professional manner and not be ignored.

Perhaps I am asking too much. Mistakes are bound to happen. I say to the construction and small business industry–do not blame the economy entirely for your downfall. It is survival of the fittest and that means Good Follow-Up and Excellent Customer Service is your ticket to survival.

 

Janine Gregor

 

 

 

 

 

When a business owner is need of a virtual assistant, the protocol is to submit a Request for Proposal (RFP).  This online document format varies from posting-site to posting-site but the main components are:

*Describe your company – offer contact information
*Give a description of the project and whether it is on-going or one-time.
*How many hours are you seeking to contract with a virtual assistant?
*What is your budget?

*Software or Hardware needed?

*Expected date of completion if one-time project work

*What do you expect from a virtual assistant?

 

 

 

Here are 5 basic recommendations I have compiled when submitting an RFP to better help the virtual assistant assess your needs:

1)    Unless the proposal is anonymous, submitting your website address is helpful to the virtual assistant choosing to respond.  Even if the online format does not ask for your company URL, consider adding this information.  I prefer to research the company for which I am submitting a proposal beforehand, so any industry information will only help the virtual assistant send an informative introductory letter to the potential client.

2)    Some RFP requests ask if you have worked with a VA before and some do not. This information is helpful to know as I respond to those who may not have worked with a VA in more relative detail than to those who are familiar with working with a VA. 
3)    Be specific with what it is you are looking for in a virtual assistant.  If you want someone available between the hours of 9 am to 5 pm, be sure to state this.  If you need someone who is proficient in QuickBooks or Photoshop be certain to state the level of expertise you are seeking.  Beginner, Intermediate and Advanced are good terms to use when looking for specific skills.
4)    If you do not have just the right words to write an RFP, consider hiring a virtual assistant to help you with just that particular task. 

Janine Gregor

 

 

 

I’ve had it with pool contractors, dealers and salesman. The entire pool buying experience has been a nightmare.

We (husband and I) have been trying to build an in-ground pool for more than a year and a half. We have exhausted nearly every dealer in our area.

Pool with Cage

What We are Looking For

I’m a virtual assistant and I work with real estate agents regularly. I did my due diligence in deciding whether the addition of a pool to our 2005 Florida home would be a valuable asset to the resale of the property. We live in a small, slightly upscale subdivision with larger lots but no amenities. Nearly every neighbor has a pool and when I calculated the potential resale value of the home (with the help of an appraiser), we would definitely gain significant value in the home as well as attract more buyers in a year-round warm-seasoned climate. Additionally, since most in-ground pools in my area are installed with a cage (fancy name, lanai) this outdoor, enclosed space becomes a value-added addition to any warm climate home. So my search for a pool quote included cage, pool and deck.

Looking for Quotes to Compare

I’m also a business owner dealing in client-VA contracts and quotes regularly. This is the 3rd home we have owned and the 2nd we built from scratch. I’m all about quotes and comparing amenities. I want to know what I am buying. However, that is not what the pool industry, from my perspective is all about. In fact, I’ve lost the interest of a number of pool contractors simply because I shop around and I question pricing.

Look at the Details

It is nearly impossible to compare quotes from one pool contractor/designer to another. If the homeowner does not know what it is that is being quoted many important quality construction details may slip by undetected. For example, I noticed one pool dealer quote included 3500 psi ShotKrete (the cement that is blown into a concrete pool after it is formed with rebar supports) while another was 4000 psi and yet another quoted 5000 psi. The higher number in the pressure per square inch (psi) ShotKrete, the denser the cement will be therefore, it will be more durable over time. This does not always mean that the 5000 psi pool contractor will charge more for denser cement either! But the 3500 psi pool quotes were often more expensive than the 5000 psi quotes. Another example in crafty pricing is the difference in handrail costs. I added a handrail to the quote, and the same pool handrail can vary in price from $150 to $350 as well. Same handrail design, same manufacturer, bigger markup. Sometimes the markup was so extravagant that it bordered on pure greed.

Our pool design request is very basic. We are not installing any pavers, fountains, planters, etc. We are planning a simple concrete deck but every single dealer I have encountered tries to sell you the extras no matter how hard (and loud) you state that this is a basic pool. It is very annoying and pushy and creates a tenuous relationship. No consumer wants to feel pressured into making a decision.

Unprofessional Behavior

Last week a pool dealer emailed me that prices were increasing April 1st and after that date the pool would cost $2000 more. The original quote was offered for less than 30 days. Most quotes are ‘good’ for one month. Abominable.

When I have asked dealers to itemize the quote, I have either been brushed off or have had to wait months for the information. They simply do not want to itemize but there is no other way to compare apples to apples. When I asked several dealers if they would modify the contract many pulled out before I could finish my sentence. For example, I wanted to add some type of safeguard clause that if the pool was not finished in a reasonable amount of time (I did not specify any timeframe) barring the rainy season (or mother nature in general) that there would be some type of penalty. I never heard from that dealer again after working with him for over 3 months on a pool design!

I Want to Know You are Paying the Subcontractors

Same dealer also did not want to add to the contract my request that I receive copies of the payment receipts made to the subcontractors. With so many pool dealers closing down due to the poor housing economy, it’s imperative that contractors pay the subs because if they are not paid, then a lien can be placed on the homeowner even though the homeowner made payment to the contractor. I never heard from this guy again. Actually, his salesman sent an email (he could not even call me) offering stale rhetoric that he was unable to reach a mutual agreement and that they terminated all negotiations. Crummy way to do business. Why not talk to me? I do not bite. In fact I wanted to develop a relationship with the dealer and build trust.

Use the Opportunity to Educate the Consumer

Being a good sales person involves educating the consumer. When potential clients question my virtual assistance per hour fee, I educate them on the benefits of working with a VA as opposed to hiring a part-time employee in-house. I show them my VA calculator. I explain that business owners do not have to pay for vacation, coffee breaks, downtime, social security, equipment or sick time. Why is it that not one of the dealers could explain to me from his perspective why my requests were being denied? Perhaps I might have understood. I am willing to listen.

References Do Help

I checked references but you know pool dealers are only going to give references for the folks that they did a good job for. (In fact it was one homeowner reference I checked out that advised me to get the paid receipts for the subcontractors.) So I take the references from other homeowners lightly. But I did listen carefully to other homeowners because sometimes a reference will say something that the dealer was not expecting the homeowner to say.  Some dealers do not use the Better Business Bureau as the fees are too expensive. That was bothersome. The only real credence I received was from the local county building permit department and the state, which is a must-check for anyone looking to build anything using a contractor.

Show Me Updated Pool Design Technology

One particular pool designer/salesman came to our home…now as I mentioned I run a virtual company and I use a laptop; this man travelled with the same. He came with a really slow Dell, and no battery so he had to hook-up in my home (not really a big problem, but I do look for updated technology) and a pool design program that he struggled to work with. He thought that creating the pool in front of us in 3-D would make us excited to sign the contract on the spot but I already knew what we wanted. I was unimpressed. I had 10 quotes and plans. He wasted our time. The computer was as slow as molasses. I could have drawn the pool faster on paper.

Another contractor sent me the plans using Microsoft Works, a program that is a pain to work in. He did not send me any pdfs or attachments. Everything had to be faxed, which is a pill as often the information I received was not dated (references need to be dated by the last few pools installed…not references from 2004 when pools were installed a plenty and construction was good). Often the faxed documents came through illegible. I was surprised at how many quotes, reference sheets, copies of workman’s comp and liability insurance were sent to potential customers either illegible or unable to open in most common document attachment software programs. Has this industry not updated its technology at all?

Pricing is All Over the Board

My last beef has to do with pricing. It was all over the board. This was a basic pool with a basic cage and deck. Nothing fancy and no extra cage supports to purchase to fit in an irregular square space. The space is simple and square. And yet, quotes for the same sized pool and cage ranged from a $1000 difference to over $5,000 difference.

I had to pick through the quotes to see what products they were offering. Some offered cartridge pool filters (be careful, replacement cartridges can be $130 or more) or diamaceous earth filters, which are less expensive to operate but are more expensive to sell. Bigger filters does not always mean better. When I mentioned my budget and what I wanted included such as Pebble Tec (colored pebbles that are blown into the ShotKrete) and a handrail, some could conveniently fit that into our budgeted price, while others charged extra. One dealer fit those items into the budget but got around that by telling us that he would dump the fill dirt into our yard (over the sod) instead of hauling that away. That was not on the quote. He only mentioned that in passing.

This is not one or two pool dealers I am referring to…this is many. Nearly all had some issue in pricing or quality or professionalism.

Buyer Beware.

Final thoughts of what I learned:

  • Most contractors do not want to deal with anyone asking too many questions. If you ask too many questions, the assumption is that the homeowner does not want to work with you.
  • If there were any questions about price, most pulled out the ‘…we have a good reputation…’ speech instead of taking the time to educate me on why their price was as stated.

 

  • Most contractors make their money from the extras so any small-time pools projects are considered insignificant. Expect to be pushed a bill of goods and stacks of slick brochures.
  • If contractors know you are working on other pool quotes, they will drop you in heartbeat.

 

  • Most homeowners do not shop around for quotes so when a dealer shows up, they expect that you will sign the contract. When I called the references, nearly every homeowner stated they did not shop for quotes. That actually surprised me.

We have one last pool contractor appointment this Friday, as I have exhausted every dealer who is still open for business in our area. I’ll follow-up this blog with a final assessment. Perhaps this pool dealer might be the one. If not, then another hot, Florida summer will be spent indoors…
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Janine Gregor

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There is a lovely home in my neighborhood which recently went on the market ‘For Sale’. The problem is that one cannot read any of the details in the sign. I had my camera with me this morning, so I snapped a quick video to give folks a view of what it is that drive-bys can actually see from across the street. 

 

 

This home is poorly signed by the homeowner, no doubt. Further, the second sign located at the entrance to the home indicates, “Open House” which I find to be quite odd.  It seems that the Open House is perpetually OPEN.  Is someone there all the time to take knocks on the door from looky-loos?  I wonder.

Open House Sign

Open House Sign

 

There are several other homes available in this neighborhood and my guess is that this one will just be a drive-by…in other words…buyers will just continue to drive-by.

Even though the home is a FSBO (for sale by owner), there is so much more an owner can do to advertise simply from the front lawn.

If you have not signed on with a real estate agent (recommended by this virtual assistant!) to take advantage of all of the benefits, such as good signage, I would suggest to FSBOs to at least do this much:

1)  Place the signs closer to the street and sidewalk where people can actually view them without straining their eyes. This may mean using two signs:  one at the far end of the lawn at the property line to gain attention from folks driving one way and using a second sign in the front of the property reasonably close to the sidewalk to stand out to drive-bys who do stop.

Unable to Read the Details

2)  Buy a double-sided For Sale Sign or make your own and take into account that folks might be coming toward the property from more than one direction.

3)  Use a thick black Sharpie marker to write your home’s stats.  This homeowner used a thin Sharpie that one would need a magnifying glass to view.  People will not want to get out of their car to run over to see how much the home is priced or how many bedrooms it contains. Quality Advertisement?

 

 

 

 

4)  Create a website and post photos of the home.  Microsoft Office Live is a free hosting site with templates that can be used to create a site in just a few minutes.  Buy a domain at GoDaddy featuring the site’s address (about $7.00) and connect that address to the site. By all means, advertise that website address on the sign in a clear fashion.

5)  Make a few flyers and buy a tube at a local hardware store.  Microsoft Publisher and Word feature easy-to-use templates for making flyers.  Go to Kinkos to have them printed in quantity. 

 Janine

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In 2008, Sarasota-Bradenton-Venice area ranked 11 in the country for lawsuit foreclosures. Due to the excess in the courts, 12th Judicial Circuit Chief Judge Lee Haworth put a new rule into place.  The lenders’ law firms must meet with the homeowners to discuss alternatives to foreclosing. The attorneys must appear, physically, in court. But even with this requirement, of the 79 foreclosure cases set for hearings last week, only 5 attorneys showed up in court representing the lenders. 


Foreclosures In Manatee County – BayNews9 Report 4/9/2009 from Your Virtual Wizard on Vimeo.

Flame

Flame

So basically, this law was ignored. So now the Judge is clamping down and is fining lenders’ attorneys who do not show up in court.  Beginning in March, they must appear in person; and not just on the phone as was the usual practice.  

 

Interestingly, only a few law firms actually represent lenders in the state of Florida.  They are not located in Sarasota and Manatee counties, so they usually appear in local courts via telephone to save money.

I really do believe Judge Haworth might have something here.

Law firms will now have to hire local attorneys (stimulate the local economy) to attend the foreclosure hearings. But this also means that the lenders have to spend more time making sure the “checklist of requirements are met”; which, according to the Judge, includes abiding by “…the requirement to meet with homeowners within 45 days after the foreclosure is filed.”

Most homeowners who face foreclosure usually want lower payments or lower rates in order to save their homes. However, lenders are so backed-up with foreclosures that homeowners have to wait months to receive a call from the lenders to work out any negotiations.  And in some cases homeowners never receive a call from the lender until the case is actually in front of a judge. The Herald-Tribune reporter ads, “The lack of communication makes it impossible for a homeowner to question a debt, or to work out an arrangement other than a foreclosure until the case is in front of a judge.”  By then, the homeowner is out and has moved on.
 
Judge Haworth’s newest penalty requires the lenders’ attorneys to appear in court AND forces the lenders to communicate earlier in the foreclosure process with the homeowner.  Judge Haworth says, “I just think it’s important homeowners have an intelligent conversation with guys from the other side to see if there’s a way they can save their home.  It’s too important an issue to ignore.”

I learned that the law firms who represent the lenders contract the foreclosure cases in “bulk at a flat rate”.  There is an enticement to get these cases through the court system rather quickly so they can be paid.  However, as the article indicates the ‘line attorneys’ do not have the authority to make negotiations with homeowners to avoid foreclosures so it is inevitable that the foreclosure will occur any way.  This also means communication between lender and homeowner is further stalled.

Another interesting fact from this article is that two-thirds of all the mortgages in the past eight years have essentially turned into bonds.  This means that a mortgage might be split between four different trusts that oversee the bonds.  Apparently, these bonds then have different criteria for when to negotiate and when to foreclose.  Hillard, a former investment banker is quoted, “They would have to get authority from four different entities to settle these cases.”  

With more than a 600 percent increase in mortgage foreclosures since 2006, forecasts in this area seem rather bleak but I applaud Judge Haworth’s plan to financially force lenders’ attorneys to show up in court.  This is definitely a step in the right direction to at least open up negotiations between homeowners and lenders. If anything, it will get homeowners the opportunity to work with lenders’ earlier in the foreclosure process and possibly prevent cases from even getting in front of the Judge.

You can read the full article here .

 
Janine

 

 

 

 

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