Posted by NCLisa on 7/22/06 8:02am
Msg #134649

What a jerk!

I got a call on Wednesday evening from a Realtor. He desperately needs a notary. He's selling a couples property to an investor before the foreclosure happens. So at 10:30pm I go drive 15 miles and notarize the deed & lien waiver for the husband. The realor pays me. Realto asks me to meet him the next moring at 7:30 in Durham at a nursing home where the wife works. I say yes, but it is much father, the fees goes up. He agrees and says he'll tip me for all my trouble. We get there, sit in the parking lot, wife isn't there. I tell him he should call inside, she may have sold the car he was looking for, it may be in the shop, she may be driving b/f vehicle, he doesn't call, we wait. An employee then tells us wife won't be there for an hour, so we go down the street for breakfast. Realtor is getting weird, and gets upset with me when I won't say a prayer with him, I just kindly say that we are not of the same religion. He starts getting angry about the prayer, and I tell him that I prefer to pray and worship in private, and my religious beliefs are mine, and personal and I don't feel a need to share them or force them on anyone. He finally leaves it alone. We go back, stalk the place again, now I have to listen to him quoting the bible every few seconds, and telling me little bible stories that don't really apply to the mornings situation. Finally, he calls wife, she's been inside working, and drove a different car. She comes out, signs papers, then says to wife "you need to write a check to this notary for $$$", wife says I don't have checkbook. My mouth is wide open at this point. He gives wife one of my cards and says she needs to mail me a check. She says she will and goes back to work. Realtor says "do you think she'll mail it" and I say no. So I tell him he needs to pay me, and he writes me a check and tells me not to cash it for a week. I leave mumbling to myself what a %$*&$# JERK he is. He then calls me later to tell me that he wrote the check off the wrong account and to tear it up, and he'll mail me another. I have the check will not be tearing it up, and will be depositing it next Friday.

When I checked him out afterwards, seems he prays on people fighting foreclosure, selling their homes to investors and leaving them with deficiency judgements, and not explaining the situation to them. He pretends to help them, when in fact he's selling the properties for a fraction of the price and making a nice little commission for himself. Now I see why he prays so much, he knows there won't be any harps in his afterlife.

Reply by Regal/NC on 7/22/06 8:07am
Msg #134655

Deposit that check! Good Luck n/m

Reply by TitleGalCA on 7/22/06 8:11am
Msg #134657

Re: What a jerk! and maybe a crook

What a miserable experience Lisa.

You might want to call your version of the Dept. of Real Estate in NC and tell them your story. He may be in violation (or under investigation already). Maybe it might save the next poor soul he preys on.....and Prays On. (sorry, couldn't resist)

Reply by MistarellaFL on 7/22/06 8:26am
Msg #134662

That is not good stewardship IMO

And as a Christian, that is what is required in the faith.
(and I am assuming that is what he was trying to force on you)
I respect your right to worship in your own way.
That out of the way:
This character seems to be speaking out of both sides of his mouth.
Lisa, keep the check. By doing so, if you are not compensated, you have
proof.
I'll betcha a dollar to a donut, he wrote that check on a closed account.
Wait and see if he does the right thing, if not, try to cash the check he presented to you.
If it clears, great, if not, it will be called EVIDENCE in court....
Best wishes.

Reply by Becca_FL on 7/22/06 9:55am
Msg #134669

Lisa, DO NOT DEPOSIT the check

If possible take it to the bank that it's drawn on. If you deposit it and it does not clear, you may incure fees. Call the bank that it is drawn on and ask if funds are available, when they are go cash it. If you can not cash the check or you get screwed by this guy, write a nice little letter to his broker.

Reply by MistarellaFL on 7/22/06 10:18am
Msg #134672

Re: Lisa, DO NOT DEPOSIT the check

I agree with you, Becca.
Who needs to add insult to injury?
But if she decides to pursue it legally, it's been my experience that
in court, you must prove the check is non-negotiable.
I once went to court on a bad check, and after going to their bank
and learning it was a bad check, the DA in my county advised me that
in order to pursue litigation/restitution via his office, it must be proved
that the check was not good.
Hence my advice to attempt to deposit it as a last resort.
Additionally, if it was written to a business name, in my experience,
the funding bank will NOT cash it to an individual.
But they will identify if the funds are available.
If you can get the funding bank to write a letter to the court, stating it is
NSF or a closed account, that would be better.
I just don't see that happening unless the check was written on an account
at a mutual bank.
JMO.

Reply by Pamela on 7/22/06 10:56am
Msg #134677

NCLisa

Good Morning,

I have met several investors/hard money lenders who have wanted me to work with them in various "legal schemes". They prey on people who are in forclosure and/or have very,very bad credit (and need to refinance). Being a licensed real estate agent, the opportunities are there to literally make millions! As one top-producer told me, "I'm trying to school you. . ." However, I choose not to participate in these types of activities.


There is good and bad in every field and/or profession. Corruption and greed seem to
go hand-in-hand.

Take Care,

Pam

Reply by Lisa Prestegard on 7/22/06 11:04am
Msg #134678

Did this man call himself "Realtor" specifically? Does his business card say "Realtor"? (The word "Realtor" is a designation)
If so, he is a member of the local Board of Realtors and the National Association of Realtors and MUST adhere to a very strict Code of Ethics at all times during the course of any transaction, and that includes hiring YOU to become a party to his transaction.
He is a predator and should be exposed to his local Board of Realtors as such.
Call the Board and ask them how you go about filing an ethics complaint. In some cases, the Board will only handle these complaints between two Realtors and might direct you to the State Board of Ethics and Compliance to file a complaint. Belive me... as a Licensed Real Estate Broker for over 12 years, the one thing to fear is an Ethics complaint, which carry heavy fines, revocation of said license, and published Public Notice to ensure that everyone in your area is aware of his business practices.
Email me off post if you need further information.
Good Luck!

Reply by NCLisa on 7/22/06 1:34pm
Msg #134711

NC is still a "Good Ole Boys" state

He is a Realtor, GRI. You can file a complaint about an NC Real Estate Agent or Broker and nothing at all gets done. Someone that works there will know the realtor and give them a call and tell them to be good for a few weeks. Happens every time. What is worse, is our State Bar and all the other branches of the NC governement are run the exact same way. Everyone knows someone so unless they steal outright it is ok.

I reported a predatory lending act to the State Bar, and the DRE several years ago, a scam where a lawyer, realtor, and lender flipped properties to people that couldn't afford them, foreclosed on the property, and did it all over again with a new victim. I stumbled across it during their 4th generation of victims. The State Bar said that since I wasn't an attorney how could I report it, because I could not possibly know that it was illegal. I was in violation of UPL. You can imagine what I said! I had to have an attorney call them and get the ball rolling. It took them a year to figure it out and shut them down. If they'd actually bothered with the info that a layman like me gave them, it could have been shut down within months.

After recent dealings with the SOS about notaries backdating, I will no longer report anything to any NC State Agency. It is so not worth it.

Reply by Dixie Drake on 7/22/06 11:52am
Msg #134691

Its my understanding that you could turn the check over to the police. They will then arrest the person. I believe its a misdemeanor. I've heard of people getting arrested for giving an insufficient funds check or a closed account check. Good luck.

Reply by Life Saving Services - Doug on 7/22/06 1:12pm
Msg #134706

You can call the bank and through voice mail check if the check is good. Merchant verification, most banks do it. Or go to his bank and cash it at the counter so if they pay you and it bounces later it is his problem and does not effect any account you have.

Also in the State of Calif. You know have to disclose if you purchase a home especially a distressed home if you are a realtor. Even if the investor purchased it and not the realtor sellers now have the right to sue for damages especially if this guy has done many similar transactions. His audit trail is of public record through the Title Companies and or his broker.

Reply by NCLisa on 7/22/06 1:36pm
Msg #134712

CA has all the good laws. NC pretty much lets Realtors do anything they want. In fact it only takes a couple 8 hour classes to become one in NC.

Reply by celeste pafford on 7/22/06 4:53pm
Msg #134740

Lisa can you email me.....

I would like to know what area in N.C this realtor works in , we just purchased a condo in Charlotte and want to know if you have heard of the realtor we used.

Reply by NCLisa on 7/22/06 6:02pm
Msg #134745

Re: Lisa can you email me.....

I don't know any realtors in Charlotte. I'm in the Triangle (Raleigh, Durham, Chapel Hill) area.

Reply by celeste pafford on 7/22/06 6:10pm
Msg #134746

Re: Lisa can you email me.....

Thanks for replying, is the area you live in growing?

Reply by NCLisa on 7/22/06 8:02pm
Msg #134759

Re: Lisa can you email me.....

I live in Wake County, which is growing like crazy. (Raleigh, Cary, Apex, Holly Springs). My little area isn't growing at all, we are still a rural farm community on the fringe of everything. I don't think my area will ever grow to large, there is a nuclear power plant 2 miles from my house. I think it would be dangerous to go high density in this area.