Checking On Short Sales, A Hot Tip For Short Sale Realtors

SSPH is bringing you a very important piece of information regarding the success of your short sale business. Kevin and Fred found out the hard way that the homeowner needs to make sure that the home loan isn’t in the same place as the homeowners checking account.


Get instant access to our online masterclass to learn the simple steps.


Kevin and Fred the founders of Group 46:10. Over the last 10 years Kevin and Fred, and their team have closed tens of millions in real estate all over the country and have created some of the best training for agents in the market. Kevin and Fred are also highly sought after teachers whose work has helped agents all over the country build their own next level real estate business.


Get instant access to our online masterclass to learn the simple steps.

About the Authors


Kevin Kauffman & Fred Weaver

Kevin and Fred the founders of Group 46:10. Over the last 10 years Kevin and Fred, and their team have closed tens of millions in real estate all over the country and have created some of the best training for agents in the market. Kevin and Fred are also highly sought after teachers whose work has helped agents all over the country build their own next level real estate business.

Popular Posts This Week

Reader Comments


  1. Anthony Matarazzo on August 18, 2010 at 6:21 am

    Thanks Fred & Kevin for the tip! I had no idea they could do that and I will be passing it along to my clients.

    You guys are great!

  2. Mary on August 18, 2010 at 6:58 am

    Awesome content guys, I knew the banks would stoop to this, I do advise my clients to error on the safe side and change banks for their checking and savings accounts if they bank where their loan is. Whether is be Chase, Wells or B or A, I have gotten that Question, Could they? and I respond well yes most likely they could and will, do you want to chance it. Your call, most go and change banks within a week. Thanks for sharing.

  3. Jeri Herl on August 18, 2010 at 7:18 am

    hmmm…lets hope they don’t stoop to freezing assets if you fall behind and want to close the account. who knows what banks will try next?

    that is a great info- thanks so much.

  4. Dustin on August 18, 2010 at 7:26 am

    “Climbed aboard the Dream Weaver Train, Driver take away my worries of today”

    Has it ever occured to you that Gary Wright’s Dream Weaver is a catchy little theme song for your episodes?

    The reference to Fred’s last name is clearly accidental or ironic, but the lyrical analysis brings many parallels to your short sale bonanza of information.

    Might be a nice little commercial for you guys…Dream Weaver playing in the background with Kevin running across a beach in slow motion to rescue a home owner. Maybe a silhouette of Fred singing the lyrics in the upper right hand corner. On second thought, put that silhouette in the lower left hand corner so as to not detract from Kevin running in slow motion.

    Whew, glad i could help out on this one. If you’re still skeptical, stop at your local music shop and purchase this fine piece of Americana. Pop it into Kevin’s 8-track player and you’ll see the parallels.

    • Fred Weaver on August 18, 2010 at 8:57 am

      WOW – that’s all I have to say.

    • Kevin on August 18, 2010 at 9:01 am

      WOW! I am at a loss for words.

    • Andrew on August 18, 2010 at 9:17 am

      I can’t stop laughing. I pulled this up on YouTube and now I have a vision of Kevin running like Pam Anderson on Baywatch.

    • Heather on August 18, 2010 at 9:18 am

      I am not at a loss for words. I would love to see this video done. I will happily hold the camera!

  5. Realtor Ron on August 18, 2010 at 9:11 am

    Wow! How ironic. I just got off the phone with one of my SS clients. She used to bank with WF and her mortgage is with them. Well she now banks with Chase and she woke up this morning, logged in to her account to find out that Chase closed down her credit card account. I didn’t know what to say to her.

  6. Realtor Ron on August 18, 2010 at 9:14 am

    Could it be that the different banks are working together on this? For instance, one bank closes the account to put pressure on the homeowner to accept the “cash contribution” for another bank in their short sale process and vice versa. Just last night I sent an escalation email to my negotiator, his boss, the LM manager, AVP, and VP after being jerked around for 2 weeks.

    • Fred Weaver on August 18, 2010 at 9:31 am


      I didn’t talk about it on the episode but I almost wonder if let’s say Chase is your Servicer and Wells Fargo is the investor on the loan if Wells Fargo can take money out of your account to satisfy the loan. While in this situation Wells doesn’t service the loan, they do own it.

      Think it’s time we all go read the checkings/savings agreements on our accounts. I’ll look in to this more.


  7. Heather on August 18, 2010 at 9:16 am

    Desert Schools also does this. We had a client several months ago who had all of her money taken from her savings AND checking accounts. I would assume the rest of the Credit Unions do the same.

  8. Stormin Normin on August 18, 2010 at 9:16 am

    Great info……love the backdrop……had a friend pay an attorney a few grand for the same info!….he should be watching you!!

  9. David on August 18, 2010 at 9:30 am

    It is official…I absolutely will NEVER do business with Chase on a personal level. For a company that calls themselves the ruler of the banking industry makes me sick to my stomach. Chase once again proves that they are not truly interested in helping their clients yet they only want to collect even in the hardest of times. Chase will never ever hold one penny of my money!

  10. Jonathan Osman on August 18, 2010 at 2:03 pm

    Quite a few clients have had their lines decreased and then closed as soon as they started missing payments on their mortgage, regardless if the bank was the same as the credit card or other line of credit. I wonder if the lenders taking money from the seller’s savings acct is as a result of financial reform.

  11. Hank Montgomery on August 18, 2010 at 2:36 pm

    Fred and Kevin
    Thanks for the TIP! We are changing our intake forms and sending out emails to those who might be affected.
    Thanks guys…when are you coming to Northern California?

    • Fred Weaver on August 18, 2010 at 3:37 pm

      Hank – we’ve been to N. California 3 times this year (Roseville most recently as well as Modesto and Fremont). Probably won’t be back till 2011 but we will be in San Diego on November 2nd and 3rd if you want to take a trip South OR you can join us next week in Vegas on the 25th.

      If you have a team leader/broker, etc that wants to bring us up to your area and help put 100+ people in a room, let us know and maybe we can discuss coming back to N. CA before 2011.

      Thanks for watching 🙂

  12. Wendy on August 18, 2010 at 2:42 pm

    Great info! Thanks

  13. Claudia on August 18, 2010 at 6:27 pm

    Kevin and Fred – you guys are off the chain – love it.

    One of my clients asked me that about 5 months ago – and I told them that it was a possibility. Thanks for sharing. I keep telling the guys in my office that they need listen to the 2 of you -the ones who are attempting to do short sales.

    • Fred Weaver on August 18, 2010 at 8:32 pm

      Love ya Claudia! Thanks for watching. I’m pretty sure that if you were our only viewer but you made comments like “you guys are off the chain” we’d sit around daily and think about how we could top the last great episode 🙂

      Appreciate you and excited for your SSPH debut next week!!

  14. Shawn Polston on August 18, 2010 at 10:00 pm

    I was just in a short sale class with an attorney and this same subject came up. The atty told a story about WF not only raiding the checking account but, get this, they increased the overdraft protection to 10k and overdrew the account! This has a name it’s called the banks “right of offset” and the atty said that yes, it’s tied to your checking and savings agreements. He said something about it being on the signature card, dunno check it out.

    • Dustin on August 18, 2010 at 10:42 pm

      If you deposit funds into a bank where you have a car loan, credit card, mortgage or any other debt, you likely have what’s called a “banking conflict”. You are housing assets where you also have liabilities and more often than not, the “right of offset” will apply. This means that if you have a depository account with funds available and for some reason do not pay these bills, the depository institution will have the legal right to freeze and seize any funds available to offset monies due to them.

      While all banking institutions, as permitted by state law, have the “right of offset” and may use it to collect on delinquent secured loans, i.e. automobile loans, not all institutions may collect on unsecured or open-ended revolving accounts. For example, federally chartered banks, such as Bank of America, Wells Fargo, J.P. Morgan Chase, etc. may not use “right of offset” to collect on delinquent credit card balances, but federally or state chartered credit unions have the freedom to do so. The important thing to remember is that if you are unsure of your banks policy or practices with regard to “right of offset”, it is very important that you pull out those contracts and read the fine print. If there is any question, MOVE YOUR MONEY. It doesn’t take much effort to change who you bank with, but the effort to get your money back when things go very wrong will be overwhelming and more often than not, you will just be out of luck!

  15. Dustin on August 18, 2010 at 10:44 pm

    all that you need to know about this little problem called “right to offset” explained clearly through a bunch of legal jargon and government lingo

  16. Jb on August 19, 2010 at 10:31 am

    It was just a matter of time, however where we are in California it appears to be illegal. Here’s what my partner wrote me concerning this. He is an experienced real estate attorney and this is not legal advice but some of you might want to check this out.

    Can’t do it in California because of the one-action rule (CCP 726). This is deemed a legal action against the borrower and it therefore deemed an election of remedies. Once they have elected to proceed against the MONEY instead of the PROPERTY, they are then barred from going after the PROPERTY. Further, the “security first” rule states they MUST go after the PROPERTY first. So, the end result is that they can’t have the money or the property.

  17. Jordon on August 21, 2010 at 11:03 pm

    Wow! Thanks for the advice and I will get the word out here in Georgia.

  18. Mark Estermyer on August 23, 2010 at 3:02 pm

    This is not only happening on mortgages that are serviced by the same bank, but also personal property and credit cards.

    I have a client who recently got divorced, the ex-husband stopped making payments on a visa credit card through Wells Fargo. My client was merely a signer on the account. Because my client had her checking and savings account with WF, they drained her account completely to payoff the deliquent credit card balance.

    Your recommendation to move to another bank is a great idea for the consumer to fight back on these perditory type practices the banks are now following.

  19. Jennifer Scott on August 23, 2010 at 4:08 pm

    In California, all borrowers would want to have as many small accounts with their homelender as possible. Then sit back and pray they take account money as an offest to a delinquent home loan.
    Security Pacific vs. Wozab…There can be but one form of action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real property.” (Cal. Code of Civ. Proc. § 726(a).)
    The bank took $4K out of this guys account in the 1980’s and that counted as their one action to collect on the $1M real estate loan. Any California collectors out there pulling this and it is like winning the lottery.

  20. nahid on August 23, 2010 at 4:11 pm

    That’s great! Another thing they are doing is when you are paying your Credit card Bill, please stop and check the $$ amount you authorize. If you double click by chance and don’t check it automatically takes the full amount owed out of your bank account. If you don’t have the full amount in your bank, guess what you have a fine, a late payment charge and also your bank charges you a fee for the bounce. Be careful!!!

  21. Stacie Neumann on August 25, 2010 at 12:08 pm

    The raiding of the bank accounts is also being applied to the back dues on the H.O.A fees/charges if at one point in time you had given the H.O.A an auto payment. One of my friends had that happen on her short sale, but they waited until all the lawyer fees and late fees totaled 4k, and then they went into the bank account and grabbed it. This was evidently legal. It’s always something. Thanks for the modem of sharing! 🙂

    • Kevin on August 26, 2010 at 2:47 pm

      Thanks Stacie…

  22. Jimmy Chickey on August 30, 2010 at 4:24 pm

    Wow. This is amazing. Thanks for the heads up.


Leave a Comment