Posted by Taylor on July 06, 2001 at 24:47:53:
Hey
I totally agree with what you are saying. At one point during the meeting I felt that he was growing overly concerned about where I was going to find my sellers and where my buyers are coming from, how would I qualify them and on and on…I told him in a nice way that thats the business I’m in, if HE had to worry about those things then I wouldn’t be in business for myself but would have him doing all my leg work.
At that point I think he understood more clearly his role in my endeavours. You are right about the fact that some may choose not to represent you based on what they deem to be unethical. For example in the Garn-St. Germain Depository Institutions Act of 1982 where it deals with the transfer of real property into an inter-vivos trust…He was telling me that should I encourage a homeowner to transfer their property into a trust solely to facilitate the purchase of the property that I was “breaking the spirit with which the Act was written.”
He is not able to find anything illegal about that. However his thinking (and I believe its simply because he has no experience with this method of acquiring property) is steeped in convention regarding the fact that the D.O.S is being violated upon transfer of beneficial interest. I told him what Bronchick said…there is no due-on-sale jail. Even if the lender was to find out the clause says that they ‘may’ at their option call the loan due…its not automatic.
Like I said he ‘seems’ open enough to do his own reading and research on the subject. I know though that he was not comfortable with the fact regarding the DOS.
By the way, I’m using Bronchick’s materials. I know a lot of the pros on this board have had success with them so I’m confident that they’ll hold up under his scrutiny. Wishing you well in your investments.
Taylor.