I experienced something a couple of days ago that I've never had happen and I'd appreciate some opinions. If anyone wants to PM me privately instead of posting, feel free.

We got the written authorization necessary for a full trashout on a property for the debris removal, janitorial, yard cleanup, and boat removal.

When I got there and started giving instructions to my crew as to where everyone was to park the work vehicles and trailers, the broker, who was there to do a media interview with NBC, informed me he was taking the boat with him.

Unfortunately, I feel he overstepped his bounds as a broker, creating a conflict of interest liability for himself, and we ended up doing a very different story with NBC. And it's not over yet. I have another interview with NBC next week.

We did NOT do the trashout that day and I will no longer work with this broker. Instead I contacted my attorney and the bank that owns the property to find out what I'm supposed to do.

The bank itself was horrified that he would do something like that and told me to send them an e-mail outlining the scenario, which I did on Tuesday. Right now I'm waiting on written authorization directly from the bank to proceed with the trashout.

If the bank sends another broker out to the property and the boat has been removed, what do you suppose will happen? I can only guess on this but I'm thinking the broker will either have put his license in jeopardy or the listing will be pulled.

Would he not also be in danger of being arrested for theft of personal property since the registered owner hasn't been contacted and the bank has not authorized him to remove it? Will he get in trouble for interfering with the duties of a preservation vendor?

Seriously, I don't want to see this guy get in trouble but I've never had this happen before and have no clue as to what the backlash will be and really need some feedback.

This broker contacted me earlier in the week, prior to the scheduled trashout, and said he wanted to buy the boat from me. I told him it's not for sale and that I have to file forms with the DMV so they can locate the registered owner before anything can happen to the boat.

Then he offered RV parking at his cabin nearby. I told him that I have RV parking so thanks, but no thanks.

Then he suggested I keep the $350 for the vessel removal and let him keep HAVE the boat. After re-iterating that I have to contact the DMV, I all but hung up on him and thought the situation had been resolved by the time we got off the phone. I could have sworn I'd made my position clear.

So, imagine my surprise when he told me the morning of the trashout that he had told the asset management company that I had planned to donate the boat and asked them if he could keep it. I had never planned on donating anything except for the furniture inside the house. And, yes, I would love to have the boat but would never assume it's mine until the DMV says I can have the title to it, which is another process.

Not once have I ever had a broker offer to haul off trash. In fact, I've never had a broker interfere with the trashout at all.

If the boat had a hole in it or was lying on the ground in pieces, there wouldn't even be an issue. But because the boat is in great shape and has a value to it, the broker wants it for himself.

I see all kinds of problems with what the broker has proposed, done, or is about to do.

Anyone disagree or see other problems I haven't? Please let me know. I would appreciate it.

Thanks!

Linda

Linda,

It's pure greed on the broker's part. Your prior posts are consistent and they reflect your integrity. Don't go along with it just to avoid making waves. I agree with you and your gut feelings.He's already lied to the Asset Management Company and involved you in the lie. Don't feel bad if the consequences of his actions catch up with him. Document, report and communicate with the asset management company. If you lose this broker as a client, you're likely better off. I'm surprised he didn't offer to guarantee you the trashout and future work for kickbacks. It won't be long before behavior like this catches up with him. The more he does it, the easier it gets and then the more he does it....

Keep us posted.

You've done the right thing so far, let the bank decide his fate. Banks use not only brokers but vendors for their eyes and ears, looks like you've got good eyes and ears.

Linda, clearly you didn't do anything wrong. The broker did. In a way, you did him a favor on several fronts. You reported him, he doesn't need to be in this business; and he couldn't have registered the boat and gotten new stickers. Can you imagine what cock and bull story he would have cooked up for DMV?

I wonder what his story was for NBC? Look at the great stuff you can get at a REO? LOL.

If you never work with him again, you done good. Sorry you encountered a slimeball.

The broker actually put me on the phone with the asset management company that day, right in front of the camera and microphone. Nice to be put on the spot, isn't it?

The person I spoke with said that the broker has the right to modify the work order.

First, can they modify the work order in order for him to remove the boat without the BANK's approval?

Second, wouldn't I have to be notified in writing prior to the start of the trashout of any such modification?

BTW ~ the asset management company changed their story midway through our phone conversation, telling me that the boat was being donated to charity. They also threatened me with a lack of future work. Instantly the word "collusion" came to mind.

I got my termination letter from the broker yesterday, which was not unexpected. I had already terminated them before I even left the property. The only difference is that I told him I would never work with him again in person, not in writing.

His question to me that day was, "do you really want to put our relationship in jeopardy?"

My response to him was, "you just did."

To me, it sounded like a promise of future work in exchange for an item of value.

My business has never operated that way and it never will. Right now my business is struggling financially, thanks to the unethical asset management companies and other brokers I've had to terminate and suspend. So what's one more?

But I'd rather not take the job in the first place if it means lowering my standards and/or end up working for free. This year alone I've had to write off between $8,000 and $10,000 in services performed just to get paid AT ALL by the AM's.

This business is rough enough without the interference of a broker on a job where I could have used the money when it came in.

Thanks to both of you for your responses. They are very much appreciated.

Linda

CanDo ~ thank you.

One of the thoughts uppermost in my mind is that, since I coach and train new preservation vendors all the time, if I were to let something like this happen I could be setting a precedent that would allow unethical brokers to run rampant and destroy what little organization the industry has.

I appreciate your feedback very much.

Linda

It's extortion, and you should affidavit out of the situation telling the details, and I would bring this out iny subsquent interview with the local affiliate...if it was me. You go Linda!

Roy. Thank you as well.

NBC met me at the lodge down the street after the interview with the broker.

He already has my stand in this situation but agreed to withhold the second interview until the bank has a chance to respond to my e-mail requesting further instructions.

The last thing I want to do is a nationally televised interview that would jeopardize the future of my company by speaking before I have final instructions from the bank on how we're to proceed.

The nice thing about this interview is that it won't be just regarding the property we were to do the trashout on. We'll also be discussing the preservation business and what it takes to succeed in a cut-throat industry.

I'm just glad we won't have to dwell on this particular situation and can move on to other things. I don't think I could just do an interview strictly on a bad experience. For me, that would be depressing.

Linda

Linda, the AMC had absolutely no business telling you that the boat was going to be donated to charity. As I am sure you are aware, that boat was personal property and was worth well over $300. Two things come to my mind. 1. What attempt(s) were made to contact the former owner; and 2. No donation directly to charity without storage and appropriate waiting time.

I'm also wondering if the AMC knew that they were being recorded by a news crew?

Finally, your orders come from the AMC and should always be in writing, had you contracted directly with the broker, then your instructions would come from him, not the AMC. It does not appear that the broker hired you directly. He has no control over your initial instructions.

Just remember this: you deal with one particular functioning department within the AMC and the broker deals with an AM. Since your instructions came from someone other than the broker's AM I wouldn't worry to much about losing that business. The AM needs a refresher course in how personal property vs. trash-out is handled in California. It's not your job to offer that refresher course, let the AMC do that.

Again, Linda you did the right thing. It's not easy to be right or a comfort to be right when money is tight and you're worried about how you'll survive. The one thing though is that you'll be able to live with yourself long after this disaster is a forgotten memory.

CanDo. Exactly my point regarding personal property. If it was up for grabs, I would most definitely take it.

But it isn't up for anything until the DMV lets me know they can't find the registered owner. Then I have one, and sometimes two, more processes to go through before I can even move it from its storage place.

All of my authorizations have come from the broker, who cuts & pastes the authorization from the AM into an e-mail for me. This is something I insist on because my crews and I need to have the permission to do our job in writing, in case law enforcement or neighbors show up. None of goes to a property without something in writing. It's for our protection as well as everyone involved.

The last time I did something based on a verbal was the ONLY time I did it.

The AM was ad-libbing on the phone, I'm almost positive. I don't think she knew the media was listening and, basically, what she told me is that I work for them and they call the shots. I can only hope her end of the conversation was loud enough to be heard and recorded.

Being the kind of person I am, I don't appreciate threats in any way, shape, or form. So I reminded her that I work for myself and hung up the phone. I wasn't going to get into a verbal battle over who feeds whom.

Linda

I've had properties trashed out based my submitting bids and I've had properties trashed out and rekeyed before I ever laid eyes on a property. I misunderstood, I thought you had been contracted directly by the AMC. Regardless, what the broker said and did was illegal and guess who would have had egg on their face? He showed his true colors on film.

Don't let them get you down. We're not all like that. A small comfort I know. 2009 will be better I'm pretty sure.

CanDo. I understood while reading your post and no problem at all. I might not have made myself clear who gave me the authorization in the first place.

I know for a fact that not all brokers, agents, and asset management companies are the same. I've had the pleasure of working with the good ones.

The agent who works for this broker and I enjoyed an excellent relationship before this happened. This was my first time meeting the broker in person and I can tell you that, between the phone call with him and this incident, I AM NOT IMPRESSED.

Our company goes above and beyond for good clients. I padlocked both the of sheds on this property @ no charge when I did my initial inspection for the estimate 3 months ago. We were also going to comp the winterization during the trashout. We were also going to fix the back door that someone had managed to push in hard enough to where it wouldn't lock anymore.

We've been to their other properties and filed police reports at no charge. One property in particular is constantly vandalized so, every time we're nearby, we stop in and take a look around. We also do minor repairs @ no charge if it doesn't require a huge amount of time or special equipment.

Cabinet door hanging off? No problem. A couple of new screws in the hinge and it's good to go. No light bulbs? No problem. We typically carry extras just in case. We've even done boardups at their vandalized property by using the materials that were there and charged nothing for the labor.

THAT's the kind of relationship we had prior to this situation. I have several e-mails from her telling me that the AM loves my pricing and that we do an excellent job.

I can only hope that she'll wake up soon and realize she needs to be loyal to herself before she's loyal to her boss. SHE is a good person and I'm going to miss the rapport.

Linda

Linda, you handled this like the professional you obviously are. Your post just above mine reminds me of the contractors that handle a lot of my work. I would add a comment regarding non payment. If I hired the contractor he/she are paid the day they finish the job regardless of when or if a bank/Asset management company pays me.
Now regarding the implied threats from this broker. I'd suggest you speak to an attorney.
Keep doing what you're doing and you'll come out ahead.

JackREO. YOU sound like someone who knows how to take care of those who take care of you.

The only thing I would worry about on your part would be the reimbursements from the banks. For example, if you pay out of pocket for 2 or 3 trashouts per week, you could be putting yourself at risk if the banks don't reimburse on time and, especially if they decide not to reimburse at all.

I've always offered terms to my clients. I have one right now, unfortunately, who [I believe] has spent every dime that's come in on my behalf since last February and is having a hard time now that I've suspended her and told her that I would be sending demand letters to the banks. She recently bought a house and it makes me wonder if some of the up front money wasn't mine.

She's put me in a bad position by not paying her invoices and now I'm the bad guy and will be losing another client who I've enjoyed working for.

Since August of 2007, we've serviced over 1,500 foreclosures and satisfactorily closed over 2,500 work orders in California, Arizona, and Idaho.

This is a business that you have to work at non-stop and, until I took a vacation in September to go to Washington, I was working 14 to 18 hours a day, 7 days a week. I've started taking weekends off since I got back, unless there's a trashout to be done. But I'm at least taking 1 day off per week now just to relax and do nothing.

With the exception of today, I've worked every single holiday for over a year. I actually had an initial inspection scheduled for today in order to prepare a bid for a new client but decided to stay home and catch up on my reading and posting in the different forums I belong to.

My eyes are a little stressed right now but I've enjoyed having the time to post again, something I sorely miss when I don't have the time.

So I give THANKS to finding the time to get back in the groove, even if only for a day, and I give thanks to my fellow networkers for their thoughts and their feedback.

Linda

Linda, I think you're involving yourself too much with the broker's actions. your concern is protecting your company from liability and completing your job, not monitoring the broker. if the broker is interfering with the execution of your job, then you have a duty to inform the company that hired you. brokers have comfy relationships with the banks and AM's, and doing favors for the broker is not uncommon. it sounds as though you're not happy with that, but there's really nothing you can do about it.