Category Archives: Marketing / Communication

Home Owner’s Title Insurance–Hidden Real Values for the Realtor

Marketing / Communication,

The subject of Home Owner’s Title Insurance always comes up in purchase transactions in which I am involved. For my more sophisticated clients, it is generally a “no-brainer”. The client spends a little extra money and then has piece of mind respecting his or her title which will last throughout ownership of the home. Even if the person performing the title search missed a probate, or didn’t see an undischarged private mortgage, HOTI will cover it. More importantly, even if there is a forgery in the chain of title or the Registry has lost, or misfiled, an important document, the company providing the HOTI will stand behind the title. This assurance provides a lot of comfort for an investment that far out-shadows all others for the average purchaser,

Having said all this, and truly believing that HOMI is the right way to go, I am continually shocked when realtors at a purchase closing are neutral,or even negative,about their customer’s purchasing HOTI. Perhaps, they are “grandstanding”, trying to show how they are helping the purchaser to husband each and every of their hard-earned dollars for more important things. Perhaps, they are ignorant of the true benefits of HOTI to the realtors, especially the Buyer’s agent who may be involved in the sale of the property being purchased somewhere down the road.

There follow several reasons why this writer, a person who has conducted thousands of real estate purchases over more than 40 years of practice in Massachusetts, believes that realtors should provide whole-hearted endorsement for the purchase of HOI, not only for their customer’s benefit, but for their own, as well:

     1. If there is a title claim, it is more than likely that everyone involved int he purchase transaction, including the realtor, will be named in the litigation. This will mean that time, effort and money will need to be expended by ALL participants to exculpate themselves.

     2. If there is a title claim, no matter what the outcome, all people involved will be “tainted” with being involved in a transaction that didn’t turn out quite right. If there is HOTI, the title insurance company will absorb the costs from dollar one. It is unlikely that anyone, other than the person, or entity, certifying the title, will be involved in any of the proceedings. If anything, the realtor who endorsed the purchase of HOTI will seem like a hero for making such a practical, and ultimately beneficial, suggestion.

     3. Many times, your purchaser will be a seller some day. If the transaction went well, you will get the listing. Won’t you feel that much better knowing that while selling the property my have its owns set of obstacles, obtaining clear title will not be one of them if HOTI was obtained when the property was purchased. 

So the next time you hesitate, or even balk, when the subject of Home Owner’s Title Insurance comes up, think again. The deal you save may be your own!!!!

Life in the Pressure Cooker–Some Suggestions for Extracting Ourselves from Ensuing Difficulties

closing, Marketing / Communication, ,

As real estate professionals, we are more or less used to the stress level which exists within our clientele. I am a Massachusetts real estate attorney with more than 40 years of experience. I have bought, and sold, five and four homes, respectively. In not one situation was I calm and relaxed throughout the process. it seemed that there were a million things to do, and I did not have the time, or the patience, to tackle all of them. Sometimes the lender created problems with requests for information I was sure I had already submitted. Sometimes, the walk-through did not go particularly well. In one situation I had a flooded kitchen between the time of Purchase and Sale and the closing. That caused its own set of problems.

Looking back on my own situations, and the many others I have handled for others, I have developed a few tried and true approaches to the real estate “pressure cooker”, which I would like to share with all of you, whatever part in the process you are assuming:

     1. Try to Stay Calm. Problems are going to arise, and almost always when we least expect them. Acccept the fact that there can be problems. Think about your customer first. What can you say or do to assuage the issue. I have found that the last minute inspection problem, or the lender delay, or any number of other things which can delay a closing, or worse, are best addressed by calmness. Do not let yourself get emotional about the problems. Speak with the other professionals. Try not to relay bad news to a customer without suggested approaches to a solution. Think positive thoughts; convey your sense of confidence to your customer through your calm mien.

     2. Do Not Point Fingers. Many times the approach which appears simplest to effect is to blame another person or entity for what has happened, and step away. I used to do this, because lawyers are very fat targets when there is a problem, and I wanted to stress that I had done nothing wrong, but Mr, Jones or Ms. Smith, was the true culprit. I no longer take this approach. Rarely do real estate disputes actually result in litigation. More often than not there is a solution out there which everyone can live with. If I have been solution, rather than blame, oriented, I can preserve my relationships with the professionals I will have to work with at other times, and in other places. Furthermore, I have found that coming up with a solution in a difficult situation is the thng that a lot of people remember about me, and my firm, when the smoke clears.

     3. Do Not be Afraid to Call a “Time-out”. In our profession, no one really gets paid unless and until the deal closes. Sometimes, that colors our behavior. We all have lost deals, and spent time on matters that do not produce revenue for us. On the other hand, sometimes a deal just cannot work, no matter how hard we try to push it forward. Sometimes, it can work, but the financing must be re-tooled to fit the specific situation of the Borrower. My experience has been that it is better to call a “spade a spade” early in the game than to labor relentlessy on a project where there is little, ot no, hope of success. Call “Time Out”, regroup, and go a different path.

     4. Never Sacrifice Your Integrity to Make a Transaction take place. New financing rules have severely hampered the ability of the Borrower to exaggerate assets or income, or even lie about them. In a way, that has taken some pressure off the rest of us. There are still situations which arise, however, where a half-truth or a lack of disclosure may let a deal go forward. I suggest to each of you that you do not want to be a part of any effort which involves ANY deceit or subterfuge. I mentioned above that real estate matters rarely become litigations. If they do, however, and you are called upon to testify, you want to make sure that your behavior in the matter, from an ethical standpoint, is above reproach. Deals come and deals go. Your reputation is forever.

More Networking 101–Become the “Catalyst” who puts people, and deals, together

Marketing / Communication, ,

Like most of you, I have a relatively small group of real “friends”. Because I am a Massachusetts title attorney trying to grow my practice at every opportunity, I have developed a rather large network of contacts and acquaintances. We all know the risks involved in representing, and working with, true friends. Our objectivity is often skewed, and we make decisions for them which are not always logical or positive. That doesn’t mean we cannot work with friends. It just means we need to establish a more disciplined set of rules when friends are involved.

This post is designed to comment about the real potential we possess in our sphere of contacts and acquaintances. it is meant to encourage each of you to utilize these sources to build your business, and reputations.  By becoming the catalyst for contacts to broaden their own spheres, you can very often improve other people’s business or, even personal, relationships.

What I am driving at is that every one of our contacts or acquaintanenaces would probably be happy to meet someone, or come into contact with someone, who can advance their situation. We, as real estate professionals, are in contact with people from all walks of life each and every day. We not only deal with Buyers and Sellers. We deal with appraisers, contractors and home inspectors as part of what we do. Our goal, with any connection like this, is to help people come into contact with others whose skills or connections may benefit them.

I try to do this work as a catalyst as seamlessly as possible. I probe, connect and then step out of the picture. It is enough for me to be part of the process. I feel no need to be the “star”; I am just helping out. My thinking is that if I “help out” enough, someone, somewhere will start to view me as a positive and want to be involved with me professionally. This has not happened overnight, and, in fact, it never happens in some instances. But to be perfectly honest, I feel good about putting two people I like and respect together. It has been enough for me to do this even though real financial benefit may NEVER come from it.

There is one constant in our profession. Our reputation is all we really have to sell. You can enhance yours by working as a catalyst for the benefit of others. That is one thing I am sure of.

Active Rain Got Active–I have a Local Connection that Will Probably Work

Marketing / Communication,

I am not going to divulge the name of this person. It is important to me, but really is not germane to the point of this post. Suffice it to say that this person liked some of the material I have been writing and re-blooged it on her own blog. She and I have made contact, and we are going to meet soon for a cup of coffee to explore future joint undertakings. The prospect of a new person to work with interests and excites me. To paraphrase a sports metaphor “It’s why we play the games”.

I have written almost 80 posts since February, 2009. I was reluctant to write at first. I have been more confident about writing posts in the last few months. To me, writing posts is like submitting a paper or a blue book in college. Once I am finished with the work, it is up to the reader to assess whether my work is relevant or useful. I have done all I can by writing the material.

So, when a person not only reads my stuff but thinks it is useful enough to include in his or her blog, that makes me feel that the effort is worthwhile. I can honestly tell you that I now have no idea whether something I write is going to achieve “Featured Post” status (it  has happened a couple of time) or crash and burn. That outcome is totally out of my hands. All I can do is continue to observe and analyze, and then write things down.

I am a Massachusetts real estate lawyer. Through my writing on ActiveRain, I may have made an important connection to grow my business. That is a serendipitous result from my real pleasure in writing for the Active Rain nation. I have this to be thankful for, and I wanted all of you who have commented on prior posts to know how appreciative I am of your feedback. It gives me ideas and insights. What more could I ask from any audience?

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