Originally posted by @Christopher Vaughn:
Hello fellow BP Members,
I'm a wholesaler in the Seattle area and focus primarily on homes that are in foreclosure. I'm curious if anyone uses the tactic of sending direct mail that is in the form of unsolicited offers to get distressed properties under contract. I'm talking about sending the actual purchase and sale agreement to the homeowner. IE (Release Form, Forms 21, 22D, 35, and 22J if the property is older than 1978).
Do you do this or something like it? What have the results been?
Any thoughts or info is appreciated so thank you in advance.
Cheers, Chris
Consult with a real estate attorney immediately and seek guidance.
What you are doing is a felony in Washington State.
Criminal penalty.
Any person who wilfully engages in a pattern of equity skimming is guilty of a class B felony under RCW 9A.20.021. Equity skimming shall be classified as a level II offense under chapter 9.94A
RCW, and each act of equity skimming found beyond a reasonable doubt or
admitted by the defendant upon a plea of guilty to be included in the
pattern of equity skimming, shall be a separate current offense for the
purpose of determining the sentence range for each current offense
pursuant to RCW 9.94A.589(1)(a).
Subsection 1(3)(a) can be broken down into the following elements.
Under this language, a person is a “distressed home consultant” if the
person (1) solicits or contacts a distressed homeowner in writing, in
person, or through any electronic or telecommunications medium and (2)
makes a representation or offer to perform any service that the person
represents (3) will produce one or more of twelve different results
listed in the statute:
i. Stop, enjoin, delay, void, set aside, annul, stay, or postpone a foreclosure sale;
ii. Obtain forbearance from any servicer, beneficiary, or mortgagee;
iii. Assist the distressed homeowner to exercise a
right of reinstatement provided in the loan documents or to refinance a
loan that is in foreclosure or is in danger of foreclosure;
iv. Obtain an extension of the period within which
the distressed homeowner may reinstate the distressed homeowner’s
obligation or extend the deadline to object to a ratification;
[original page 5] v. Obtain a
waiver of an acceleration clause contained in any promissory note or
contract secured by a mortgage on a distressed home or contained in the
mortgage;
vi. Assist the distressed homeowner to obtain a loan or advance of funds;
vii. Save the distressed homeowner’s residence from foreclosure;
viii. Avoid or ameliorate the impairment of the
distressed homeowner’s credit resulting from the recording of a notice
of trustee sale, the filing of a petition to foreclose, or the conduct
of a foreclosure sale;
ix. Purchase or obtain an option to purchase the
distressed homeowner’s residence within twenty days of an advertised or
docketed foreclosure sale;
x. Arrange for the distressed homeowner to become a
lessee or tenant entitled to continue to reside in the distressed
homeowner’s residence;
xi. Arrange for the distressed homeowner to have an
option to repurchase the distressed homeowner’s residence; or
xii. Engage in any documentation, grant, conveyance,
sale, lease, trust, or gift by which the distressed homeowner clogs the
distressed homeowner’s equity of redemption in the distressed
homeowner’s residence[.]”