The newly adopted SellerProperty Condition DisclosureStatement (“SPCD”) has beenapproved by the Commission andadopted through the rule and regula-tion process. It goes into effect onJuly 1, 2012.The form is of course to be filled

out by the Seller, but licensees fre-quently provide the form so they needto be aware of the changes.Seller’s filling out the form on or

before June 30, 2012, should use theold form, seller’s filling out the formon or after July 1, 2012, should usethe new form. If the seller becomesaware that information contained onthe old form is no longer accurateafter July 1, 2012, and they need toamend the statement, they should beadvised to use the new form and fill itout so that it is complete and accurateto the best of the seller’s knowledge.A seller may provide the old form ona closing after July 1, as long as theform was filled out before July 1, andthe information is still complete and

accurate at the time of closing.A copy of the new form is included

with this issue of the CommissionComment.

Who Must Complete theSPCD?The requirement for who must fill

out the form and when it must be pro-vided to the buyer remainsunchanged. Generally speaking itmust be filled out by the seller ofproperty used for residential purposes(up to 4 units), with certain excep-tions, and provided to the buyer on orbefore the effective date of the pur-chase contract on the property. Thestatutes regarding the SPCD are foundat Neb. Rev. Stat. §76-2,120 et seq.,which can be found in your licensemanual or on the Commission’s web-site under the “Legal” tab.

Changes to the FormThe most noticeable change to the

form is in the layout and format,because there are a few more ques-tions on the form it would no longerfit front and back on one legal sizedpiece of paper. The form is now onfour letter sized pages. Because thereare separate pages which could getseparated or mixed up with otherSPCD’s, each page has a space at thebottom for both seller and buyer ini-tials and the property address.Some of the changes were for logi-

cal consistency, the “Age of Roof”question was followed by spaces for ayes or no answer on the old form, thishas been eliminated on the new form.

The word “domiciled” was changedto the more simple and direct “livedon”. One of the more prevalentchanges to the form allows for moredetail on items that may exist in mul-tiple numbers on the property, such aswindow air conditioners and ceilingfans. The form also asks for year

New Seller Property Condition Disclosure

Statement Effective July 1

On the InsideDirector’s Desk . . . . . . . . . . . .page 2Disciplinary Actions . . . . . . . .page 3Mortgage Fraud . . . . . . . . . . . .page 4New Seller Property Condition Form . . . . . . . . . .page 5

NEBRASKA REAL ESTATE COMMISSION

COMMISSION COMMENT Summer | 2012

Commission Comment |  SUMMER 2012 |  1

Commission MeetingSchedule

June 21-22 . . . . . . . . . .LincolnAugust 23-24 . . . . . . . .LincolnSeptember 27-28 . . . . .Lincoln

(Continued on page 10)

Herb FreemanAppointed to the

CommissionGovernor Dave Heineman has

announced the appointment ofHerbert Freeman as the SecondCongressional District BrokerRepresentative on the NebraskaReal Estate Commission. Mr.Freeman worked as an Englishinstructor both at the high schooland college levels before receivinghis salesperson’s license in 1972and his broker’s license in 1973.Mr. Freeman has his Mastersdegree in business administrationfrom the University of Nebraskaand currently works as ChiefOperations Officer for NP DodgeReal Estate Sales, Inc., and he isDirector of Builder Services andthe designated broker for NPDodge VII, L.L.C., in Omaha.Further information will be pub-

lished after he is sworn in at theSeptember Commission meeting.

2 |  Commission Comment |  SUMMER 2012

Official Publication of theNebraska Real Estate Commission

1200 “N” Street, Suite 402P.O. Box 94667

Lincoln, Nebraska 68509-4667(402) 471-2004www.nrec.ne.gov

EDITOR: Greg Lemon

COMMISSION MEMBERS

CHAIRPERSONJohn Gale

Secretary of StateState Capitol

Lincoln, NE 68509(402) 471-2554

PUBLIC MEMBERDavid H. Ptak

1010 Darrus DriveNorfolk, NE 68701(402) 844-7046

SALESPERSON MEMBERKathryn Rouch

13110 W. Dodge Rd.Omaha, NE 68154(402) 498-8300

BROKER MEMBERS

Vince W. Leisey13340 California St.Omaha, NE 68154(402) 493-4663

Robert Dover1000 Norfolk AvenueNorfolk, NE 68702(402) 371-0200

Al Avery819 Diers Ave, Suite 5Grand Island, NE 68803

(308) 398-6600

Drew Stange1248 “O” St.

Lincoln, NE 68508(402) 441-5800

DIRECtOR

Greg Lemon1200 “N” Street, Suite 402

Lincoln, NE 68508(402) 471-2004

greg.lemon@nebraska.gov

The Nebraska Real Estate Commission grantspermission to reprint articles which appear in thisnewsletter on condition that recognition of theiroriginal publication in the Nebraska CommissionComment also appears with the article.

The Nebraska Real Estate Commission oftensolicits articles from outside experts or reprintsarticles with permission. While we feel that thesearticles may offer a broader perspective and willbe of interest to the reader, it should beremembered that the views expressed are thoseof the author and not necessarily those of theCommission.

COMMISSION COMMENT

NEBRASKA REAL ESTATE COMMISSION

Printed with soy ink

DIRECTOR’S DESKNotary Law ChangesIn the last issue of the Commission

Comment I mentioned that there was lit-tle to report in the way of legislativechanges from the last session. There wasone change that does appear at first blushto be significant, but further reading ofthe statutes reveal that it does not have asignificant impact on licensees.New language in the notary laws

(LB398, 2012) specifically states that anotary public may not perform a notarialact if they have a financial or beneficial interest in the transaction. We havereceived a few calls asking about that provision from licensees who are alsocommissioned as notaries, the obvious concern being if they are getting a com-mission on a real estate transaction can they still act as a notary on any of thetransactional documents. The answer is that they can, as this provision of thelaw has a specific exemption for real estate brokers, salespersons, and employ-ees of brokers acting on behalf of a client (see Neb. Rev. Stat. 64-211(2)).

Continuing Education RegulationsAmendments have been adopted to Title 299 Chapters 1 and 7 of the

Commission’s regulations, the minor changes to the wording simply make itpossible for the Commission to continue to approve certain correspondencecourses for continuing education and do not have a significant impact onlicensees, merely preserving the status quo.

Credit Where Credit is DueWe had a lot of good input from the industry, Commissioners, and even a few

lawyers on the revised Seller Property Condition Disclosure Statement, and Iwant to thank all of those who provided input in creating a better form.However, I want to specifically thank Omaha salesperson Kelly Lewis. Kellytook the initiative to reformat the form, giving it an entirely different look andfeel. There was a fairly universal reaction that the revised format would be eas-ier to read and work with, so we went with it.

Greg Lemon, DirectorNebraska Real Estate Commission

Director Greg Lemon

2011-017 – tiffany a. trofino vs. Jeffery Michael Rensch, Broker; Omaha, NE.

Stipulation and Consent Order entered March 15, 2012. License censured; Plus a civilfine of $500.00 to be paid by April 14, 2012; plus six (6) hours of additional continu-ing education with three (3) hours each in the areas of “Agency” and “Disclosures”, tobe completed by July 13, 2012. [Violated Neb. Rev. Stat. § 76-2417(1) A licensee rep-resenting a seller or landlord as a seller’s agent shall be a limited agent with the fol-lowing duties and obligations; (b) to exercise reasonable skill and care for the client;and (c) to promote the interests of the client with the utmost good faith, loyalty, andfidelity; for receiving buyer’s financial documents from Buyer’s Agent on January 10,2011, and not delivering the financial documents to his seller/clients immediately fol-lowing receipt.; and Neb. Rev. Stat. § 81-885.24 (29) Demonstrating negligence,incompetency, or unworthiness to act as a broker, associate broker, or salesperson. forviolating Neb. Rev. Stat. § 76-2417(1) (b) and (c).]

2012-002 – Commission vs. Robert l. hupp, Salesperson; Norfolk, NE.

Stipulation and Consent Order entered March 15, 2012. License suspended for six (6)months with the first thirty (30) days served on suspension and the remainder five (5)months stayed and served on probation. The suspension period commenced on March19, 2012, and continued through April 18, 2012. The probation period will commenceon April 19, 2012 and will continue through September 19, 2012; Plus complete nine(9) hours of additional continuing education with three (3) hours each in the areas of“Agency”, “Contracts” and “Disclosures”, to be completed by July 13, 2012. [ViolatedNeb. Rev. Stat. § 81-885.24 (16) for violating an agency statute, specifically, 76-2418(1), 76-2421 (1), 76-2422 (4), and 76-2425; Violated Neb. Rev. Stat. § 81-885.24 (26)for violating a rule or regulation of the Commission, specifically, Title 299 Chapter 5Section 003.25; Violated Neb. Rev. Stat. § 76-2425 for violating any provision of sec-tions 76-2401 to 76-2430; Violated Neb. Rev. Stat. § 76-2418 (1) (b) (c) (e) A licenseerepresenting a buyer as a buyer’s agent shall be a limited agent with the following dutiesand obligations: (b) To exercise reasonable skill and care for the client; (c) To promotethe interests of the client with the utmost good faith, loyalty, and fidelity, and (e) Tocomply with all requirements of sections 76-2401 to 76-2430; Hupp failed to get a pre-occupancy agreement in place during the time period when buyer occupied the prop-erty prior to closing from August 2009, to October 9, 2009; Violated Neb. Rev. Stat. §76-2421 (1) for failing to provide an Agency Disclosure to buyer at the earliest practi-cable opportunity during or following the first substantial contact with buyer; ViolatedNeb. Rev. Stat. § 76-2422 (4) for failing to obtain written confirmation of his “dualagency status” from the Seller or POAs prior to or at the time a contract to purchase theproperty was entered into on August 6, 2009; Violated Title 299 Chapter 5-003.25 forproviding buyer with a Seller Property Condition Disclosure Statement which con-tained omissions in which seller’s POAs failed to provide a response. Hupp was awareof these omissions and failed to attach a written disclosure of the omissions to the SellerProperty Condition Disclosure Statement disclosing the omissions to the potentialbuyer and the seller; Violated Neb. Rev. Stat. § 81-885.24 (29) Demonstrating negli-gence, incompetency, or unworthiness to act as a broker, associate broker, or salesper-son; for violating Neb. Rev. Stat. §§ 76-2418 (1) (b) (c) and (e); 76-2421 (1) (a) and (b);76-2422 (4); 76-2425; 81-885.24 (16) and (26); and Title 299 Chapter 5 Section003.25.]

2011-015 – Patricia Sindelar vs. terry lee forman, Broker; Omaha, NE.

Stipulation and Consent Order entered April 19, 2012. License censured; Plus a civilfine of $250.00 to be paid by May 19, 2012; plus three (3) hours of additional continu-ing education in the area of “Agency”, to be completed by August 17, 2012. [ViolatedNeb. Rev. Stat. § 76-2418(1) A licensee representing a buyer or tenant as a buyer’s ortenant’s agent shall be a limited agent with the following duties and obligations: (b) Toexercise reasonable skill and care for the client; (c) To promote the interests of the client

MEEt thE REal EStatE

COMMISSION Staff

The Real Estate Commission Staff ishere to serve the public and the licenseepopulation. It is our goal to be helpfuland forthright in a courteous and profes-sional manner. We hope that when youcontact our office, you always receiveuseful, accurate information and/or arereferred to the proper authority. Following is a communication

resource to assist you when contacting ouroffice. If the indicated person is unavail-able to take your call, please share the pur-pose for the call and your call will berouted to someone else who can help you.We take pride in having a skilled staff,

if you have comments or suggestions asto how we may better serve you, pleasecontact our office.

COMMuNICatIONS GuIDE

Ask for person indicated if you have questions in

the following areas.

Commission Meeting Information . . . . .Monica Rutmonica.rut@nebraska.gov

Complaint Procedures . . . . . . . . . . . . Terry Mayroseterry.mayrose@nebraska.gov

Continuing Education History orInquiries . . . . . . . . . . . . . . . . . . . . . . . Tawny Snider

tawny.snider@nebraska.gov

Curriculum Design (Education &Instructor Approval) . . . . . . . . . . . . Teresa Hoffman

teresa.hoffman@nebraska.gov

Errors and Omissions InsuranceInquiries . . . . . . . . . . . . . . . . . . . . . Teresa Hoffman

teresa.hoffman@nebraska.gov

Financial Officer. . . . . . . . . . . . . . . . . . . Paige Stuartpaige.stuart@nebraska.gov

License Applications PacketRequests . . . . . . . . . . . . . . . . . . . . . . . General Staff

realestate.commission@nebraska.gov

License Applications Process . . . . . Marilyn Mastersmarilyn.masters@nebraska.gov

Licensing and Education Requirements . . . . . . . . . . . . . . . . . Teresa Hoffman

teresa.hoffman@nebraska.gov

New Licenses in Process. . . . . . . . . Marilyn Mastersmarilyn.masters@nebraska.gov

Specialized Registrations. . . . . . . . . . . . . Monica Rutmonica.rut@nebraska.gov

Transfer of License . . . . . . . . . . . Patricia Menousekpatricia.menousek@nebraska.gov

Trust Account Matters . . . . . . . . . . . . Terry Mayroseterry.mayrose@nebraska.gov

John Clark

Patricia Stehly

Ron Pierson

Webmaster . . . . . . . . . . . . . . . . . . . . . . . . Monica Rutmonica.rut@nebraska.gov

WEBSITE: www.nrec.ne.govTELEPHONE NUMBER

(402) 471-2004FAX NUMBER(402) 471-4492ADDRESS:

Nebraska Real Estate CommissionP.O. Box 94667

Lincoln, NE 68509-4667

Disciplinary Actions Taken by theReal Estate Commission

(Does Not Include Cases on Appeal)

(Continued on page 11)

Commission Comment |  SUMMER 2012  |  3

by Marilyn D. Glazer, GRI, M.S.Ed.

(This article, intended for real estate edu-cators, was reprinted with Permission of

the author)

I believe that we have an obliga-tion, as real estate instructors, tofamiliarize ourselves with mortgagefraud and short-sale schemes in orderto alert our students to these schemes.The FBI has identified the types of

mortgage-fraud schemes that they sawin 2010. See their chart below.

Loan Origination SchemesOne type includes misrepresenta-

tions by the applicant for the purposeof purchasing a property for a primaryresidence. Income may be overstatedand debt concealed, their intent is torepay the loan.Another type of loan-origination

scheme includes misrepresentationsconcerning appraisals and loan docu-ments, and participants are frequentlypaid for their participation. Supplyingof fictitious bank statements, W-2forms, and tax return documents to theborrower’s favor and the use of stolenidentities.Phantom rehabilitations to increase

the property values.Use of daily-money lenders’ loans

as proof of funds.

Backwards ApplicationSchemeIncomes are inflated or falsified,

assets are created, credit reports arealtered, and previous residences arealtered to qualify the borrower for theloan.

Fraudulently InflatedAppraisalsThe appraisal document is changed

or a rogue appraiser will create andattest to the inflated value of the prop-erty. Fraudulent appraisals ofteninclude overstated comparable proper-ties to increase the value of the subjectproperty.

Illegal Property FlippingIllegal property flipping is a com-

plex fraud that involves the purchaseand subsequent resale of property atgreatly inflated prices. The key to thisscheme is the fraudulent appraisal,which occurs prior to selling the prop-erty. The artificially inflated propertyvalue enables the purchaser to obtain agreater loan than would otherwise bepossible. Subsequently, a buyer pur-chases the property at the inflated rate.The difference between what the per-petrator paid for the property and thefinal purchase price of the home is theperpetrator’s profit.

Traditionally, any exchange ofproperty occurring twice on the sameday is considered highly suspect forillegal property flipping and often isaccompanied by back-to-back clos-ings where there is a purchase contractand a sales contract that are both pre-sented to the same title company

Title/Escrow/SettlementFraud/Non-Satisfaction ofMortgagePerpetrators diverted escrow

monies intended for lenders to them-selves or to entities that they con-trolled. In addition to embezzlingescrow funds, perpetrators are alsofalsifying deeds, recording deedswithout title insurance, and failing torecord deeds and taxes.

Real Estate InvestmentSchemesIn a real estate investment scheme,

mortgage-fraud perpetrators persuadeinvestors or borrowers to purchaseinvestment properties generally atfraudulently inflated values.Borrowers are persuaded to purchaserental properties or land under theguise of quick appreciation. Victimborrowers pay artificially inflatedprices for these investment properties

Mortgage Fraud/Short Sale Schemes –It is Not Going Away

4 |  Commission Comment |  SUMMER 2012

(Continued on page 9)

About — Marilyn GlazerMarilyn D. Glazer has impressive cre-

dentials in real estate education and a longrecord of service to real estate organiza-tions. She is an instructor for pre-licens-ing, continuing education, brokerage andadult education in real estate. In addition,other instructors throughout the countryare using continuing-education coursesthat she has written. She is an onlineinstructor for Real Estate Express’ Illinoispre-licensing and continuing-educationcourses. She has been recognized as theNational Association of REALTORS®1997 Educator of the Year, and the 1998Educator of the Year for the Association ofIllinois Real Estate Educators.

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Section C. Title Conditions - Do any of the following conditions exist with regard to the real property?

Section C - Title Conditions YES NO Do Not Know

1. Any features, such as walls, fences and driveways which are shared?

2. Any easements, other than normal utility easements?

3. Any encroachments? 4. Any zoning violations, non-conforming uses, or

5. Any lot-line disputes? 6. Have you been notified, or are you aware of, any

work planned or to be performed by a utility or municipality close to the real property including, but not limited to sidewalks, streets, sewers, water, power, or gas lines?

7. Any planned road or street expansions, improvements, or widening adjacent to the real property?

association which has any authority over the real property?

9. Any private transfer fee obligation upon sale?

Section C - Title Conditions YES NO Do Not Know

10. Does ownership of the property entitle the owner tennis courts, walkways, or other common use areas?

11. Is there a common wall or walls?

b. Is there a party wall agreement? 12. Any lawsuits regarding this property during the ownership of the seller?

13. Any notices from any governmental or quasi- governmental agency affecting the real property?

14. Any unpaid bills or claims of others for labor and/or materials furnished to or for the real property?

15. Any deed restrictions or other restrictions of record affecting the real property?

16. Any unsatisfied judgments against the seller?

17. Any dispute regarding a right of access to the real property?

18. Any other title conditions which might affect the real property?

Section D. Other Conditions - Do any of the following conditions exist with regard to the real property?

Section D - Other Conditions YES NO Do Not Know

1. a. Are the dwelling(s) and the improvements connected to a public water system?

b. Is the system operational? 2. a. Are the dwelling(s) and the improvements

connected to a private, community (non-public), or Sanitary Improvement District (SID) water system?

b. Is the system operational? 3. If the dwelling(s) and the improvements are

connected to a private, community (non-public) or SID water system is there adequate water supply for regular household use (i.e. showers, laundry, etc.)?

4. a. Are the dwelling(s) and the improvements connected to a public sewer system?

b. Is the system operational? 5. a. Are the dwelling(s) and the improvements

connected to a community (non-public) or SID sewer system?

b. Is the system operational? 6. a. Are the dwelling(s) and the improvements

connected to a septic system?

b. Is the system operational? 7. Has the main sewer line from the house ever

backed up or exhibited slow drainage?

Section D - Other Conditions YES NO Do Not Know

8. a. Is the real property in a flood plain?

b. Is the real property in a floodway? 9. Is trash removal service provided to the real property? If so, are the trash services ______ public ______ private

10. Have the structures been mitigated for radon? If yes, when? _____/_____/__________

11. Is the property connected to a natural gas system?

12. Has a pet lived on the property? Type(s) ___________________________________

13. Are there any diseased or dead trees, or shrubs on the real property?

14. Are there any flooding, drainage, or grading problems in connection to the real property?

15. a. Have you made any insurance or manufacturer claims with regard to the real property?

b. Were all repairs related to the above claims completed?

16. Are you aware of any problem with the exterior wall-covering of the structure including, but not limited to, siding, synthetic stucco, masonry, or other materials?

Section E. Cleaning / Servicing Conditions - Have you ever performed or had performed the following? (State most recent year performed)

Section E Cleaning / Servicing Conditions

YEAR YES NO Do Not Know

None / Not

Included

1. Servicing of air conditioner

2. Cleaning of fireplace, including chimney

3. Servicing of furnace 4. Professional inspection of

furnace A/C (HVAC) System

5. Servicing of septic system

Section E - Cleaning / Servicing Conditions YEAR YES NO

Do Not Know

None / Not

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7. Treatment for wood-destroying insects or rodents

8. Tested well water

9. Serviced / treated well water

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and, as a result, experience a personalfinancial loss when the true value islater discovered.

Short Sale SchemesOne of the most common forms of

a short sale scheme occurs when thesubject is alleged to be purchasingforeclosed properties via short sale,but not submitting the “best offer” tothe lender and subsequently sellingthe property in a dual closing the sameday or within a short time frame for asignificant profit. Reverse staging andcomparable shopping techniques arecurrently being used by fraud perpe-trators in the commission of short salefrauds. The fraud primarily occurs inareas of the country that are experi-encing high rates of foreclosure orhomeowner distress.

Commercial Real EstateLoan FraudSame-day property flips; the falsifi-

cation of financial documents, perfor-mance data, invoices, tax returns, andzoning letters during origination; thediversion of loan proceeds to personaluse; the misrepresentation of assetsand employment; the use of inflatedappraisals; and money laundering.

Foreclosure RescueThe perpetrator transfers the prop-

erty to his name via quit claim deedand promises to make mortgage pay-ments while allowing the formerhome owner to remain in the homepaying rent. The perpetrator profitsfrom the scheme by re-mortgaging theproperty or pocketing fees paid bydesperate homeowners. Often, theoriginal mortgage is not paid off bythe perpetrator and foreclosure is onlydelayed.

Advance Fee SchemesMortgage fraud perpetrators such

as rogue loan modification compa-nies, foreclosure rescue operators,

and debt elimination companies useadvance fee schemes, which involvevictims paying up-front fees for ser-vices that are never rendered, toacquire thousands of dollars from vic-tim homeowners and straw buyers.

Builder Bailout SchemesBuilders offering excessive incen-

tives to buyers, which are not dis-closed on the mortgage loan docu-ments. The builder has difficultyselling the property and offers anincentive of a mortgage with no downpayment. For example, a builderwishes to sell a property for $200,000.He inflates the value of the property to$240,000 and finds a buyer. Thelender funds a mortgage loan of$200,000 believing that $40,000 waspaid to the builder, thus creating homeequity. However, the lender is actuallyfunding 100 percent of the home’svalue. The builder acquires $200,000from the sale of the home, pays off hisbuilding costs, forgives the buyer’s$40,000 down payment, and keepsany profits.

Equity Skimming SchemesEquity skimming schemes occur

when mortgage fraud perpetratorsdrain all of the equity out of a prop-erty. For example, perpetrators chargeinflated fees to “help” homeownersprofit by refinancing their homes mul-tiple times and thus skimming theequity from their property. A perpetra-tor will also help a homeowner estab-lish a home equity line on a property.The perpetrator then encourages thehomeowner to access these funds forinvestment in various scams.

Debt Elimination/ReductionSchemesFBI reporting indicates a continued

effort by sovereign citizen domesticextremists throughout the UnitedStates to perpetrate and train others inthe use of debt elimination schemes.Victims pay advance fees to perpetra-tors espousing themselves as “sover-eign citizens” or “tax deniers” who

promise to train them in methods toreduce or eliminate their debts. Whilethey also target credit card debt, theyare primarily targeting mortgages andcommercial loans, unsecured debts,and automobile loans. They areinvolved in coaching people on how tofile fraudulent liens, proof of claim,entitlement orders, and other docu-ments to prevent foreclosure and for-feiture of property.The full report is available at

http://www.fbi.gov/stats-services/publications/mortgage-fraud-2010Freddie Mac also reports some

interesting short-sale fraud schemes:Downward pressure being put on

the broker price opinion (BPO) valueand the pressure being applied to thereal estate professionals who are con-ducting these BPO’s. A real estateagent reported that she had receivedtwo envelopes when she went to thesubject property to conduct the BPO.In one envelope was a piece of paperthat said we would like the value tocome in at “x” and in the other enve-lope were two $100 bills.Freddie Mac had a property that

was situated on a lake. The compara-bles that the BPO agent provided insupport of her value were, on paper,perfect matches, because they wereproperties that had lake access, butvery different types of access. One wason an industrial pond rather than arecreational pond, one was actually ona canal that led to a pond, again a dif-ferent type of market, and a differentbuyer appeal, and then the third wasactually on the same recreational lakeas the subject property. The differencein this instance was that the propertyhad been subdivided into multiple lotsand the house itself was surrounded byabout 14 trailers. So the subject prop-erty was actually a trailer park inessence, obviously not comparable toFreddie Mac’s property.Freddie Mac is also seeing anti

staging which involves taking steps tomake the property as unappealing as

Commission Comment |  SUMMER 2012 |  9

(Continued from page 4)

Mortgage Fraud/Short Sale(Cont’d)

(Continued on page 10)

possible to the real estate professionalconducting the BPO. On one propertya short-sale facilitator was actually incontrol of the property so he had leftall of the windows open on the firstfloor of the dwelling through the rainto cause the appearance of water dam-age. When the BPO was being con-ducted the property appeared to havesignificant water damage, and it was away of anti-staging the condition ofthe property.The last trend that they are seeing

are related to disbursements paid out-side closing or the movement of fundsthrough the transaction. For instance,a seller’s credit to the buyer for about3% is being shown on page 1 of theHUD 1 the trick is when you look atthe contract, the buyer never asked forthe credit. What you then see is that onpage 2 of the HUD 1, the credit ismoving over to the short-sale negotia-tor, to the facilitator, or to the secondmortgage holder. This is a means ofpulling money out of the seller’sbucket, or Freddie Mac’s bucket,really, since they are covering the lossfor this seller on a short sale, withoutthem really knowing where thatmoney is going to. The money often

going to an individual or an entity thatFreddie Mac would not ordinarilyagree to pay through the short saleprocess.They also are seeing cases where a

property is listed on the MLS in sucha way that it appears it’s being done todiscourage offers from being made.And this is usually the case whenthere is a predetermined buyer linedup. Usually a family member or afriend of the seller. The intent is tokeep the seller and the property,they’re simply trying to reduce theamount that the seller owes against theproperty, and they’re using the shortsale as a vehicle by which to do.In some instances, complaints

come into Freddie Mac saying that thelisting agent had refused to present anoffer from another brokerage firm.After Freddie Mac has accepted theshort sale offer that the listing agenthas presented, they will learn that theoffer that the complainant was tender-ing was significantly higher.If a student feels that he/she is

being asked to participate in mortgagefraud or in a short-sale scheme, theyshould contact Freddie Mac’s fraudhotline 1-800 4-fraud-8 or 1-800 4372838, and/or local authorities, theirlocal real estate board, or the FBI. H

10 |  Commission Comment |  SUMMER 2012

(Continued from page 9 )

Mortgage Fraud/Short Sale(Cont’d)

installed for major appliances likecentral air and water heaters. Pleaserefer to the instructions on the formfor further details on how to properlycomplete it.One question which has arisen is

how to deal with multiple unit sales,the SPCD form is required for resi-dential sales of up to 4 living units.While the form does not provide spe-cific spaces or instructions for multi-ple unit sales, sellers can provide therequested information for each unit byeither filling out a separate form foreach unit (123 ABC Drive Unit 1, 123ABC Drive Unit 2, etc.) or providingadditional information on multiple airconditioning units or other items inthe additional comments section at theend of the form or on additionalattached pages. If attaching additionalpage(s) you should note “additionalpage(s) attached” in the appropriatesection on the SPCD form. H

(Continued from page1)

New Seller Property Conditions(Cont’d)

with the utmost good faith, loyalty, andfidelity; for failing to notify the homewarranty company that a new furnace hadbeen installed in the subject home prior toclosing; Violated Neb. Rev. Stat. § 81-885.24(29) Demonstrating negligence,incompetency, or unworthiness to act as abroker, associate broker, or salesperson,by violating Neb. Rev. Stat. § 76-2418(1)(b) and (c).]

2011-036 – Ruth Richter vs. Craig

William horobik, Salesperson; Omaha,

NE. Stipulation and Consent Orderentered April 19, 2012. License censured;Plus a civil fine of $250.00 to be paid byMay 19, 2012; plus three (3) hours ofadditional continuing education in thearea of “License Law”, to be completedby July 18, 2012. [Violated Neb. Rev.Stat. § 81-885.24(14) Failing to include afixed date of expiration in any written list-ing agreement and failing to leave a copyof the agreement with the principal; forfailing to leave a copy of the ListingAgreement with the seller.]

2012-003 – Commission vs. leslie

Sue Petersen, Salesperson; Omaha,

NE. Stipulation and Consent Orderentered May 2, 2012. License suspendedfor four (4) years with the first sixty (60)days served on suspension and theremainder three (3) years and ten (10)months stayed and served on probation. The suspension period commenced on

June 1, 2012, and continued through July31, 2012. The probation period will com-mence on August 1, 2012, and continuesthrough June 1, 2016; plus complete six(6) hours of additional continuing educa-tion with three (3) hours each in the areasof “Disclosure” and “Ethics”, to be com-pleted by August 31, 2012. [Violated Neb.Rev. Stat. § 81-885.11(3) Any persondesiring to act as a real estate broker orreal estate salesperson shall file an appli-cation for a license with the commission.The application shall be in such a formand detail as the commission prescribes,setting forth the following...(3) Such otherinformation as the commission requires:Violated Neb. Rev. Stat. § 81-885.12(4)When an applicant has made a false state-ment of material fact on any application,such false statement may in itself be suffi-cient grounds for refusal of a license; andViolated Neb. Rev. Stat. § 81-885.24(29)Demonstrating negligence, incompe-tency, or unworthiness to act as a broker,

associate broker, or salesperson, byrepeatedly and knowingly submittingmaterially false Renewal Applications tothe Commission for the years 1999, 2001,2002, 2003, 2004, 2007 and 2008.Violated Neb. Rev. Stat. § 81-885.24(29)Demonstrating negligence, incompe-tency, or unworthiness to act as a broker,associate broker, or salesperson; for hav-ing been convicted of four (4) counts ofinsurance fraud on August 25, 2011,showing that she lacks the “good reputa-tion for honesty, trustworthiness,integrity, and competence to transact thebusiness of broker or salesperson in suchmanner as to safeguard the interest of thepublic” as required by Neb. Rev. Stat. §81-885.12, which reflects a demonstrationof negligence, incompetency, or unwor-thiness to act as a broker, associate broker,or salesperson; Violated Neb. Rev. Stat. §81-885.24(29) Demonstrating negligence,incompetency, or unworthiness to act as abroker, associate broker, or salesperson;for engaging in repeated acts of criminalconduct that resulted in four (4) misde-meanor criminal convictions of DrivingUnder the Influence of Alcohol.]

2012-007 – Commission vs. Keith

Eugene Morris, Broker; lincoln, NE.

Stipulation and Consent Order enteredApril 19, 2012. License suspended forthirty (30) days. The suspension periodcommenced on May 19, 2012, and contin-ued through June 18, 2012; plus completesix (6) hours of additional continuing edu-cation with three (3) hours each in theareas of “Contracts” and “License Law”to be completed by August 17, 2012.[Violated Neb. Rev. Stat. § 81-885.24(12)Offering real estate for sale or lease with-out the knowledge and consent of theowner or his or her authorized agent or onterms other than those authorized by theowner of his or her authorized agent; byfailing to have the consent of all owners tomanage the Property; Violated Neb. Rev.Stat. § 81-885.24(14) Negotiating a saleexchange, listing, or lease of real estatedirectly with an owner or lessor if he orshe knows that such owner has a writtenoutstanding listing contract in connectionwith such property granting an exclusiveagency or an exclusive right to sell toanother broker or negotiating directlywith an owner to withdraw from or breaksuch a listing contract for the purpose ofsubstituting, in lieu thereof, a new listingcontract; for entering into a ManagementAgreement with one of the owners on

April 22, 2011, at a time when theProperty was under a ManagementAgreement with another broker grantingthat broker an exclusive agency to man-age the Property; Violated Neb. Rev. Stat.§ 81-885.24(29) Demonstrating negli-gence, incompetency, or unworthiness toact as a broker, associate broker, or sales-person; for violating Neb. Rev. Stat. § 81-885.24(12) and (24).]

2012-008 – Commission vs. linda

lee fuller, Broker; Ogallala, NE.

Stipulation and Consent Order enteredApril 19, 2012. License censured; Plus acivil fine of $1,000.00, to be paid by May19, 2012; plus six (6) hours of additionalcontinuing education with three (3) hourseach in the areas of “Agency” and“Contracts”, to be completed by August17, 2012. [Violated Neb. Rev. Stat. § 81-885.24(29) Demonstrating negligence toact as a broker; for writing the buyer’sOffer to Purchase knowing that her hus-band may have an interest in purchasingthe same Property, and if he had suchinterest, that she would have to terminateany agency relationship she had with thebuyer.]

2012-012 – Commission vs. lydia

Beth Moyer, Broker; auburn, NE.

Stipulation and Consent Order enteredApril 19, 2012. License censured; Plus acivil fine of $500.00 to be paid by May19, 2012; plus six (6) hours of additionalcontinuing education with three (3) hourseach in the areas of “Agency” and“License Law”, to be completed byAugust 17, 2012. [Violated Neb. Rev.Stat. § 76-2421(1) At the earliest practica-ble opportunity during or following thefirst substantial contact with a seller, land-lord, buyer, or tenant who has not enteredinto a written agreement for brokerageservices with a designated broker, thelicensee who is offering brokerage ser-vices to that person or who is providingbrokerage services for that property shall;(a) Provide that person with a writtencopy of the current brokerage disclosurepamphlet; and (b) Disclose in writing tothat person the types of brokerage rela-tionships the designated broker and affili-ated licensees are offering to that personor disclose in writing to that person whichparty the licensee is representing; for fail-ing to complete an Agency Disclosurewith the buyers on first substantial con-tact; Violated Neb. Rev. Stat. § 81-885.24(22) Making any substantial mis-representations; 1) For falsely

Commission Comments |  SUMMER 2012 |  11

(Continued from page 3)

Discplinary Actions (Cont’d)

(Continued on page 12)

Nebraska Real Estate CommissionPO Box 94667Lincoln, NE 68509-4667

Return Service Requested

Commission Comment |  SUMMER 2012 |  12

representing in the Agency Disclosuredated October 7, 2010, that she was actingas a limited Buyer’s Agent instead of alimited Seller’s Agent, and 2) For falselyrepresenting in the Offer to Purchasedated October 7, 2010, that she was a lim-ited Buyers’ Agent when she was actuallya limited Sellers’ Agent. Violated Neb.Rev. Stat. § 81-885.24(29) Demonstratingnegligence, incompetency, or unworthi-ness to act as a broker, associate broker, orsalesperson, for violating Neb. Rev. Stat.§§ 76-2421(1) (a) (b) and 81-885.24(22).]

2011-022 – Steve and Cathy Sickler

vs. Joan Elizabeth fink-arney;

Salesperson; Omaha, NE. Stipulationand Consent Order entered May 17, 2012.License censured; Plus a civil fine of$500.00 to be paid by June 16, 2012; pluscomplete three (3) hours of additionalcontinuing education in the area of“Disclosures” by September 14, 2012.[Violated Neb. Rev. Stat. § 81-885.24(2)Intentionally using advertising which ismisleading or inaccurate in any materialparticular or in any way misrepresents any

property, terms, values, policies, or ser-vices of the business conducted; Arneyincorrectly advertised in the MLS DataSheet that the home has 3,871 square feetand Arney incorrectly advertised in a flyerthat the home has over 3,800 square feet;Violated Neb. Rev. Stat. § 81-885.24(22)Making any substantial misrepresenta-tion; Arney falsely represented in theMLS Data Sheet that the home has 3,871square feet and Arney falsely representedin a flyer that the home has over 3,800square feet; Violated Neb. Rev. Stat. § 81-885.24(29) Demonstrating negligence,incompetency, or unworthiness to act as abroker, associate broker, or salesperson;for violating Neb. Rev. Stat. § 81-885.24(2) and (22), and for inaccuratelymeasuring the square footage of thehome.]

2012-010 – Commission vs. Curtis

John hart and Mark Douglas hart;

Curtis John hart-Broker; Bellevue,

NE. Stipulation and Consent Orderentered May 25, 2012. Curtis John Hart’sreal estate broker’s license is suspendedfor a period of six (6) months with theentire six (6) month period stayed and

served on probation. The suspensionperiod commenced on May 25, 2012, andcontinues through November 25, 2012;Plus a civil fine of $1,250.00, on or beforeJune 24, 2012; [Violated Title 299Chapter 5 Section 003.22 Failure by adesignated or employing broker to super-vise his or her associate brokers and sales-persons.] Mark Douglas hart-

Salesperson; Bellevue, NE. Stipulationand Consent Order entered May 25, 2012.Mark Douglas Hart’s real estate broker’slicense is suspended for a period of six (6)months with the entire six (6) monthperiod stayed and served on probation.The suspension period commenced onMay 25, 2012, and continues throughNovember 25, 2012; Plus a civil fine of$1,250.00, on or before June 24, 2012;[Neb. Rev. Stat. § 81-885.24(12) Offeringreal estate for sale or lease without theknowledge and consent of the owner orhis or her authorized agent or on termsother than those authorized by the owneror his or her authorized agent.] H

(Continued from page 11)

Discplinary Actions (Cont’d)