Monday, June 18, 2007

Frequently Asked Questions About Foreclosures


Frequently Asked Questions About Foreclosures



by Jennifer V-E Johnson


How do I find foreclosures going to auction?
Check the major and local newspapers for auction announcements in the legal notice section. Notices are also posted at the entrance to the courthouse in the County or City where the home is located.
What homes are being sold at auction?
The homes listed are going to auction or "foreclosure sale." The mortgages for theses homes are in default and are being sold by the Lender.
What is default?
Default is failure to make mortgage payments in a timely basis or to comply with other requirements of a mortgage.
Where is the auction held?
Auctions are held on the court house steps of the County or City where the home is located.
Who may attend the auction?
The auction is open to the public.
Is there a fee to attend the auction?
It is FREE to attend the auction.
The price listed is much lower than other homes is the neighborhood is this correct?
The price listed is the principal amount owed. This price DOES NOT necessarily reflect the sales price of the home. The principal amount owed may reflect default on the 2nd mortgage. Foreclosure on the 2nd mortgage is subject to any covenants of the 1st mortgage.
What is the principal amount owed? The principal amount owed is the amount owed on the mortgage that is in default. This may not include any costs associated with the foreclosure such as Attorney fees, late fees and other collection costs.
What is the assessed value?
The assessed value is the value that the County or City has assessed for the home.
Can I preview the home before the auction?
You may preview the home if it is in the MLS (Multiple Listing Service) or is a FSBO (For Sale By Owner). All homes are sold "AS IS." Caveat Emptor.
Do I need a Realtor® to attend the Auction?
We recommend Buyer's Representation for novices. You are entering into a legally binding contract.
Should I have financing before I attend the auction?
If you do not have liquid funds to pay the balance due at the time your bid is accepted, we recommend consulting your Lender PRIOR to the auction to ensure you can settle by the closing deadline. The average closing deadline is 10 to 15 days. If you cannot settle by the deadline YOU LOSE YOUR DEPOSIT!
How do I bid on a home at the auction?
Upon arriving, locate the Trustee or Auctioneer (the Representative for the Lender) for the home you are bidding. Obtain any bidding instructions or information such as cancelled sales. The Trustee or Auctioneer IS NOT there to answer questions on the foreclosure process, stopping a foreclosure or how to purchase a foreclosure. The legal notice lists the name and phone number of the law firm that filed the foreclosure. You may be able to obtain information prior to the auction. If you have additional questions please send them to us at jennifer@washmetromes.com.
What are the terms of sale?
A predetermined deposit amount or 10% of the sales price, whichever is lower, CASH or certified check is required at the time of sale. Additional terms may be announced.
Who should I make the certified check payable to?
We suggest making the check payable to yourself. This will allow you to endorse the check over to the Trustee or Auctioneer if you have the winning bid.
How much is the opening bid?
We advise our Investors to calculate approximately 15% to 20% over the principal amount owed as the possible opening bid. The 15% to 20% increase reflects Attorney and Lender fees. A Realtor® or Appraiser can provide comparable sales for an estimated value.
If I have the winning bid what happens to my deposit?
Your deposit is held by the Trustee or Auctioneer in an escrow account until settlement occurs. Your deposit is returned to you after the auction if you do not have the winning bid.
What if I can't close by the deadline?
If you do not close by the deadline, YOU LOSE YOUR DEPOSIT!
Can I buy a home if the auction date has passed?
Yes, if the home was not sold at auction.


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Copyright© 2007 by Jennifer V-E Johnson


Others may not copy this material without written permission of Jennifer Johnson. The views expressed in this RE News are those of the author(s) and do not necessarily reflect the official policy, position, or opinions of RE/MAX or RE/MAX Gateway. If you are currently working with a Realtor® to sell or purchase real estate this is not intended as a solicitation.




Sunday, June 3, 2007

MTSU HAS GOOD WILL AMABASSADOR IN REAL ESTATE

By Unita Akins


Back in 2000 when Unita Akins and her husband Dr. Joseph Akins moved from Chattanooga to Murfreesboro, Middle Tennessee State University was a new experience for both of them. Dr. Akins had accepted a teaching position in the Recording Industry of Mass Communication, and Unita accepted a position working in the Dean's office there.

Little did they know that in another year, Unita would have her real estate license and be a successful Realtor for Bob Parks Realty. Everyone there was very supportive in my decision to begin my career in Real Estate. It made leaving my co-workers who had become my friends a little easier.

Through Unita's connections at MTSU she started finding homes for faculty, staff, and even students buying their first home. Eventually it expanded to giving tours of Murfreesboro to potential new faculty and staff who might be relocating to Murfreesboro. They appreciate being greeted with a smile and a hour or more to relax after all the interviewing. Unita says, It also serves as an extension of the hospitality of the MTSU faculty and adds a special touch to the whole process. I give the potentials a welcome package with helpful information on the area, and a friendly tour downtown and through neighborhoods so they can get an idea of what living in Murfreesboro would be like. When a new faculty or staff member moves here they already have a friend they can trust in real estate who can assist them with their move and their housing needs. My being an MTSU insider with knowledge of the campus and an established relationship with their future colleagues makes it an easier transition for them and also allows me to assist in more ways than just finding them a home.

Unita has become what some would say is a Good Will Ambassador at the Mass Comm college of MTSU and is called upon on a regular basis to greet new arrivals who have come to? interview for a new position. The word is spreading and now other areas of the University are calling Unita for her help.

This is exciting for me for many reasons, Unita says. My real estate business isn't just about buying and selling homes, it's about people. I love making a positive difference in people's lives and this is my way of doing just that. It also gives me a chance to give back to the people at MTSU who were so good to me during my time working on staff. I'm happy to spread the good will around on their behalf. Unita's good will around campus also has its other advantages. During the U.S. Media Ethics Summit conference in March, Unita was invited by the Ethicist-In-Residence to attend a reception hosted by her friend Dean Anantha Babbili of MTSU's College of Mass Communicaton and met the Honorable Al Gore. That was one of the highlights of my year so far! Unita says. When asked what they talked about she replies, he was tired from all the Academy Awards festivities but excited to be in Murfreesboro. He was very pleasant and a real gentleman. She also added with a smile, and much taller than I expected.

Unita extends her services as a professional home advisor and Realtor in and around Rutherford County Tennessee and specializes in new construction, luxury homes, farms and land, and auctions. Her clients receive professional service plus the bonus of her signature personal touch. I take pride in giving the best service possible to everyone from the first time homebuyer to young professionals, to our single men and women and to our senior citizens. Unita says.

You can visit Unita's Realtor website at TNHomesAndRealEstate.com or call her at Bob Parks Realty, 615-896-4040, ext. 1096. Her email ismailto:isuakins@unitahome.com.
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U n i t a A k i n s
Realtor & Home Advisor
Bob Parks Realty
Office: (615) 896-4040, ext: 1096
MOBILE:?(615) 473-7178
www.TNHomesAndRealEstate.com
There's No Place Like Home!

THE LOST LAND CONTRACT


By Kirby K. Gordon


Is it time to dust off the old Land Contracts formally known as "Long Form Security (Installment) Land Contract With Power of Sale and Assignment of Rents?" Widely used in the 1970's these once popular instruments for conveying an interest in real property should not be overlooked in today's market by sophisticated investors and real estate professionals.
Why use a Land Contract? Traditionally, Land Contracts have been used to "wrap around" a low interest fixed rate loan. They differ from the typical "All-Inclusive Note Secured by a Deed of Trust" in that no grant deed is immediately recorded. The Land Contract is an agreement to transfer the deed in the future. The Seller (known as the "Vendor") retains bare legal title in his/her name and transfers the beneficial interest in the property to the buyer (known as the "Vendee"). The IRS and most local taxing authorities consider the recordation of the Land Contract to be a transfer which triggers a taxable event for both income taxes and property tax assessments. Since you can combine an installment sale with a 1031 tax deferred exchange you could use the Land Contract as part of an overall tax strategy for sophisticated clients.
Although they do not like to publish the fact, several national title insurance companies will issue Vendor/Vendee Title Insurance Policies on the recorded Land Contract. They usually require tha Land Contract to be prepared by an attorney since it is considered the practice of law in most jurisdictions to prepare such agreements. However, the title companies will give you the required provisions that they need in order to issue their title insurance policy. Land Contracts with the Power of Sale clause can be foreclosed non-judicially by the Trustee of the Land Contract just like the typical deed of trust. Without this important safeguard of having title insurance Land Contracts would have little practical value.
The major reason to use a Land Contract is to obtain the spread between a low fixed interest rate charged by the underlying lender and the current market rate which a buyer/vendee would accept on the Land Contract. A simple example will illustrate the benefit to the seller/vendor. If the seller has a $500,000 fixed rate loan at 5.5% and the buyer/vendee is willing to pay 6.5% then the "spread" is 1% per year ($5,000). Thus, the seller/vendor makes $5,000 on the lender's money. If in the example above the seller/vendor carries a Land COntracr for $501,000 which wraps around the $500,000 then he/she is only carrying $1,000 of new loan money. When you calculate the return on the $1,000 that is being carried you can see that it is enormous! Therefore, the less you carry over and above the underylying loan the higher your rate of return.
Lenders, however, rarely want anyone else to make interest, especially on their money. Even though their focus should be whether there is an impairment of their security (there is none) they will usually try to accelerate the loan under their alienation clause contained in the note if they discover it. Since the Land Contract is an agreement to transfer the deed in the future, the lenders rarely see the recording. The smart practitioner will keep the same insurance coverage and simply add the buyer/vendee to the existing policy as an additional insured. The lender does not see a change in insureds which triggers an investigation of the loan. Payments to the underlying lender should be made by a trusted 3rd party collection agent/escrow. Many times you can have the lender impound for taxes and insurance and the buyer/vendee can simply add this impound amount to the payment and everyone knows that the insurance and property taxes are paid on time.
Obviously there are risks in using the Land Contract, and they should only be used with sohisticated clients who can evaluate the risks and rewards. Where both the buyer and the seller are experienced and knowledgable the Land Contract has benefits to each. The buyer/vendee saves the points and loan fees or assumption fees since it is a type of owner financing, and the seller/vendor makes additional interest on the spread. Structuring such a transaction requires competent legal, accounting and title professionals.
The author is a licensed attorney/broker in California with 34 years of experience.Kirby K. GordonBroker/AttorneyGordon & Gordon Real Estate760 Mattie Road, Suite A-1Pismo Beach, CA 93449(805)773-2610(800)394-2610(805)773-6050 faxgordonandgordon@charter.nethttp://www.gordonandgordonre.com/

Where do clients come from?


By Jay C. Rosen


What a loaded question! It’s also a crucial question for the success of any sales career. Where do clients come from? Try looking at the question this way; What influences a buyer or seller to call and hire you? This is perhaps a more accurate and useful question to answer. Last year, my best friend started talking about this TV show, "Rescue Me". He believed it was the best show on TV and absolutely insisted I watch it. I’d seen some trailers and even thought about tuning inonce or twice , but never did. Sam kept on me about how awesome the show was, and kept retelling scenes and stories from the show. He was relentless! Finally, I made it a point to watch the show, if for no other reason than to get Sam off my back about it. Now, I am going through painful withdrawal as the season is over and I want to know what happens after the cliffhanger season finale. I’m completely addicted to "Rescue Me"! Why did Sam bug me so much about the show? What was in it for him? Why should any of you reading this essay care about the TV show “Rescue Me”? This exchange between friends is THE MOST IMPORTANT PROCESS TO YOUR CAREER!!!!!!!! I could have watched the best produced and perfectly aired advertising in the world and still probably not tuned into the show, but it was the opinion of my friend, an independent third party with nothing to gain, that gave me the drive to watch. My action was predicated not on expensive advertising, but the direction and influence of my “sphere of influence”. There’s that phrase, “SPHERE OF INFLUENCE”. We hear it all over the place. We hear it from our broker, from multitudes of motivational speakers, from other agents, from everyone! In our business, it’s a mantra. (in a monotone voice) “I will work my sphere of influence, I will work my sphere of influence, I will work my sphere of influence”, and on and on. For now, let’s shelve the answer to the question of why my buddy pushed so hard for the benefit of the show and look at how he influenced my decision to tune in. It’s all about trust. Trust is something we Americans have very little of. We are bombarded with advertisements that extol the benefits of this product and that product. We are continuously enticed to act, to buy; to believe such crap that we are automatically skeptical. But when a friend leads us to something by direct referral, we believe, we act and we buy. It’s all about trust. We trust those in our inner sphere. These inner sphere endorsements are what we need to be to be successful. Fortunately, everyone in our inner sphere has their sphere of influence, most of which is different than ours. So what do we do with this knowledge? We learn to spread our services and products like a common cold virus…person to person. They also call it “grass roots” marketing. It works, here’s what we need to do! WE GET THE PEOPLE IN OUR INNER SPHERE OF INFLUENCE TO PROMOTE US TO THEIR SPHERE OF INFLUENCE. To quote Shakespeare, “Here in, lies the rub!” In getting our inner sphere to promote us to their sphere, we lose control over the message. So the key here is to control the message as best as we can. Let’s get back to our earlier question of why my best friend pushed the TV show so hard. It’s all about ego and validation. Humans by nature are social animals with a herd mentality. Most of us care what others think. Without others thinking along with us, we begin to question our choices. My buddy Sam bugged me to watch “Rescue Me” because if I liked it, he’d feel better about liking it. The more people he got addicted to the show, the better he’d feel about liking it himself. In the words of TV commercials….“But wait, there’s more!” When the show won multiple Emmy awards, Sam was so exited he couldn’t contain himself. It was as if he’d won the awards himself. Why so proud? Because he felt partly responsible for the success of the show. After all, he got 7 of his friends watching the show. He is responsible, right? I don’t care if Sam’s responsible…… I do care, however, that he feels like he’s responsible. I do care, however, that he worked so hard to promote something he believed in even though he had no monetary benefit from its success. I do care, however, that I get him that emotionally vested and involved in my career so that he does the same thing for me as he did for TV. Emotionally vesting your inner sphere of influence in your career the key to success. This is the goal we all need to work for. We need to get those in your sphere of influence to be vested in your career and to vigorously promote you while taking pride in your accomplishments. This works much better and is much cheaper than spending thousands of dollars on fliers, newspapers and knick-knack giveaways. We need to be spending our time and our money courting and educating and including our inner core, sphere of influence. This brings us to the next logical question, HOW? How do we invest our friends and family in our careers? Let’s look back to the TV show. Before Sam began to sing the praises of “Rescue Me”, he watched at least 4 or five episodes. He got to know all the characters and sub-plots and became a pseudo expert in the show. To be successful, we need our sphere of influence to be pseudo experts in us. We could take them with us on client appointments, we could give them books to read and other stuff, but I doubt any of that would work. It all lacks the involvement. What if your cousin helped you learn something? What if your kid’s best friend’s mother were involved in your training? Hmmmm? If they were involved in helping me develop my skills, they would be entitled to take some of the credit for my success. If they stood to take some of the credit, they would be vested in my success and promote me vigorously. I LOVE IT WHEN A PLAN COMES TOGETHER!!!! I believe the answer to all of this lies in role playing. All that your cousin Jim knows about you is that you have a real estate license. Big deal! He also knows three other Realtors who clearly can’t tell the difference between a hole in the wall and their own backside. You need to get Jimmy intimately involved in the experience that he is going to promote to his sphere of influence. Unless Jimmy’s buying or selling his house, that’s not going to happen without role play. Just like most everyone else, I love fantasy. I love to be someone else, doing something exciting or daring or dashing. Most of us do this only in the privacy of our own heads, rarely getting the opportunity (beyond our childhood) to act on our fantasy life. Here is their opportunity. Give cousin Jimmy a personae to be. “Jimmy, you are rich and famous and interviewing Realtors to sell your 3000 S.F. Penthouse at Turnberry.” Some of us like to be dirty…..”Sarah (sister), you are a stripper, making most of your money in tips and other things I’d rather not know about. You want to buy a $350,000 home in Green Valley .” Make it fun and exciting for them. Now you’ve set your appointment, you’ve prepared your materials and you’re ready. While they’re having fun giving you a hard time, they are also learning how incredibly knowledgeable you are. While Jimmy is acting like a snob, he’s also seeing your team of lenders, escrow folk, home warrantee people and broker, etc. These team members come with you, in spirit, to the appointment. As Sarah flirts and talks dirty, she sees that you handle yourself like a professional in truly weird situations, and that you have solutions to quite difficult real estate situations. While your actors are having fun and messing with you as best they can, they are also becoming intimate with your skills. They are becoming vested in your career. They are joining you as your most valuable sales force. You are on the way to success. IT’S VERY HARD TO DO…. It’s hard to bare your professional soul to those closest to you. What if they don’t think you’re any good? What if…….. I have two words for you……BE PREPARED!!! If you do your job, if you know your paperwork, if you’re prepared for objections and tough questions, you will not fail. First and foremost you need to know what you are doing. You need to know your paperwork, your theory and have a presentation planned and internalized. Your presentation doesn’t have to be great; you can even stutter and stammer through your material. As long as you understand it yourself and have a plan to impart that knowledge to your client, you’ll be fine. This is the true path to success. This is how it’s done. It doesn’t come easy and it doesn’t happen quickly, but when the train gathers up speed, it’s impossible to stop.

Jay C. Rosen. Broker/Owner

Rosen & Company West, Inc. 2670 Chandler Ave #5 Las Vegas, Nevada 89120 P: (702) 739-8820 F: (702) 446-6145 http://www.rosenandcompanywest.com/ Bio: Jay C.Rosen is the owner and broker for Rosen & Company West, part of a group of family owned and operated real estate and auction businesses since 1917. He was raised in the business in Cleveland, Ohio and moved his family to Las Vegas in 2001. There he used his degree in education, combined with his real estate knowledge and experience to teach and headmaster real estate schools. Jay still gives real estate education classes for CE credits, but spends the bulk of his time managing his Rosen & Company West, Inc.

REALTORS TAKE THEIR PASSION TO THE AIRWAVES


By Jim Troy


You could say that Jim Troy, a realtor on the Jim Troy Team at Buyers Capital in Stamford, eats, sleeps and breathes real estate. It might be a cliché, but real estate has been his passion for many years.
Jim started as a wet-behind-the-ears kid looking to invest in real estate. He literally got his feet wet on his first investment: a 32-foot houseboat. With a group of friends, Jim repaired, renovated and launched his first investment home. From there he moved to more grounded projects, investing in handyman specials, which he gutted, renovated and sold for sizable profits. In the process, Jim learned his way through the local zoning books and town hall. By then he knew he was hooked: the real estate bug had got him! It was time, he knew, to turn his hobby into a career.
He took real estate classes, passed the Connecticut state licensing exam, joined a respected national agency and started the Jim Troy Team, a multilingual group of industrious agents who soon made their mark on the local real estate market.
One Saturday morning almost five years ago, Jim was working on a property and listening to a local radio station that featured a six-hour block of home-related programming, including a show with a local home inspector and one with a nursery owner as well as nationally syndicated shows such as “On the House with the Carey Brothers” and “At Home with Gary Sullivan.” Noticing they had no realtor representation, Jim contacted the radio station to pitch a new radio concept called “Real Estate Review,” an hour-long live program covering real estate in Fairfield County, CT.
The station executives loved the idea and agreed to give it a shot. Jim realized he had a great opportunity ahead of him but, with no radio experience, it was time to quickly come up with a game plan. He decided to share the limelight and responsibility with knowledgeable team members who were never short for words. Together they researched and practiced their on-air roles and launched the show without a hitch.
Jim says he was never concerned about their knowledge of the local real estate market and his specialized knowledge of homes; he felt confident that he and his teammates know the market and the product as well as or better than anyone. His only concerns were: How will we sound live? Will people listen? Will people call in with questions? Will people e-mail us questions?
Now going into their fifth year of the “Real Estate Review” on WSTC-1400 and WNLK-1350 AM Radio, the show’s ratings have more than tripled. Jim is joined regularly on Saturday mornings by teammates who bring depth and dimension to the program with their ability to connect with audience members who hail from around the globe. Jim says that he is told often by business people, restaurant owners, builders, fellow realtors and others that they listen to the show. He says he has even fielded questions off the air from fellow real estate agents who turn to him for professional advice--something he never dreamed would happen. He and his teammates are being recruited by other radio stations and real estate companies, but Jim says they are happy where they are.
Now that he is a local radio personality, has Jim been bitten by the radio bug? No, he insists, he is just happy to have the opportunity to help so many buyers and sellers of real estate get good, sound advice.
Jim Troy and the multilingual Jim Troy Team are affiliated with Buyers Capital and can be reached at 203-249-1660 or jimtroy@realtor.com.

WHY HIRE A PROPERTY MANAGER?


By Jim PusateriBroker

A professional property manager can help you avoid the cost and legal pitfalls of managing an investment property. By hiring a management company you don't have to worry or spend any time with the property. They manage the day-to-day operation; they locate and screen tenants, handle any collections, all maintenance issues, pay all the bills associated with the property and send you a monthly financial statement along with a check with your profits each month. By hiring a property manager you can have several properties and not take any time away from your current job or family. A property manager costs are not that high; usually 5% to 7% of the gross rent collected. Have questions, addtional information
Jim PusateriBroker / Owner
Broadstone Management Inc.
Office: (815) 483-2424Fax: (815) 483-2425
www.broadstoneInc.com
www.reojim.com

The New Trend - Bills of Former Owners and Tenants CAN Cost You Plenty.


It seems a new trend is emerging in the real estate investment industry. This new trend is costing new real estate investors plenty for past due bills of former property owners and tenants. Utility companies and County agencies are sending bills without checking ownership or other records, perhaps with the hopes that new owners will pay up with no questions asked. This would instantly produce additional revenues. I recently witnessed two instances of this new trend. One client received a city bill for “rental housing license and refuse collection fees for rental properties.” My other client owned a property for almost a year and the tenant’s lease ended. She called to turn on the utilities for the city inspection, only to learn there was an outstanding bill for the water and electric. You may ask what is the big deal? Well my first client was sent for “rental housing license and refuse collection fees for rental properties,” with an invoice date of January 3, 2006. My client purchased the property as an investment property in September 2006, almost eight months after the invoice date. My other client called to turn on the water and electric, only to learn there was an outstanding bill for both utilities. In the case of the water the outstanding bill was approximately $2,000. The electric bill had a balance of approximately $900. The water bill was attached to the property and now the responsibility of my client and not the former tenant. The electric bill went unpaid by the former tenant and the electric company transferred the bill to the property owner. To date, I am still working with my client to resolve the transfer of the outstanding electric bill and to provide documentation for the outstanding water bill. When you purchase a new investment property, the settlement company or settlement Attorney performs a title search to determine that the seller owns the property and has a free and clear title. A free and clear title has no clouds on the property. In other words, no person or business other than the seller has an interest or claim to the property, this also includes any liens. Once the title search is completed, there is a deed issued when a property is purchased by a new owner. These deeds and laws vary from state to state and commonwealths. Contact a qualified settlement company or settlement Attorney with any questions regarding the types of deeds for your state or commonwealth. The following is a list of suggestions to assist you with resolving any past due bills by former property owners or tenants. Have all the major utilities (gas, water, electricity) turned on by the settlement date. This will allow you to know if there are any past due bills created by the past property owner or tenant. If you are not able to postpone the settlement, you may request that the settlement company or settlement Attorney withhold money in escrow. The money placed in escrow should be enough to cover the outstanding bill(s) and any other fees that may be charged. • If you are purchasing an investment property that has an existing tenant and the utilities will remain in his/her name. Write a letter addressing all of the utility companies stating that the current tenant is responsible for the utilities. Have the tenant sign and along with your signature. Make sure that you have the letter notarized just in case there is a future dispute. • Create a closing package that includes your HUD-1 statement, a copy of the any deeds, the contact information of the settlement company or settlement Attorney and your Realtor. This will allow you to access the information to quickly to resolve any issues. • If you have a dispute for an outstanding bill that is not yours, I suggest that before you call or make an in person visit, write a letter to the utility company, County agency, settlement company or settlement Attorney. Be sure to include any supporting documentation, as well as, any documentation that was sent to you. When you send your letter(s), keep a copy for your records and send it registered mail with a return receipt, not via UPS or Fed-EX or regular mail. Whether you own one or dozens of investment properties, these suggestions can assist you with protecting your privacy and wealth. Do not allow the past bills of former property owners and tenants cause you to spend your time or money. For more information or assistance with setting up a real estate investment team (REIT), mortgage planning options or property management, contact Jennifer Johnson, your trusted Real Estate Investment Advisor. www.washmetrohomes.com

Printed with permission by A+ Institute
Copyright© 2007 by Jennifer V-E Johnson. Others may not copy this material without written permission of Jennifer V-E Johnson. The views expressed in this RE News are those of the author(s) and do not necessarily reflect the official policy, position, or opinions of RE/MAX. If you are currently working with a Realtor® this is not intended as a solicitation.