Open Forum

 View Only
  • 1.  Put it in writing?

    Posted 5 days ago

     

    There is an existential question that goes something like this: If a tree falls in the forest and there is no one there to witness it, does it make a sound Similarly, if we are processing a real estate transaction and don't have written support for numbers or changes, did it happen? 

    Though most of our records are kept digitally now, we still need to have written support for every number on our settlement statement and written confirmation of any changes to the contract. What could once be ratified with a handshake now requires written back up I've often asked for written confirmation of information received in a phone call, and throughout my career I've sorted and saved emails for support should I need it. 

    Every record album (back when we played albums!) has a flip side, however My mother was on a newspaper staff in the 1950s.  She taught us not to write anything we wouldn't want to see in the newspaper Today, that would be any email, social media post, tweet, or any other form of written communication. 

    I had an experience early in my career where a superior emailed me with instructions about something I knew how to do I was not thrilled about being micromanaged, so I forwarded her email to a co-worker and said, "Man, I wish I had a Voodoo doll!"  Well, at least that was my intention But instead of forwarding the email, I'd hit reply, and the email went right back to my supervisor! My career could've been a lot shorter if not for the intervention of another department head. 

    Ultimately, we do need to confirm information in writing We also need to be judicious about what we write The written word can be support or ammunition, and we should use it wisely. 

     

    LIFE LESSON 

    Watch what you put in writing. Email is forever! 

     

    Sandi Donaldson 
    Lead Trainer 
    Real Estate Closing Path 



    ------------------------------
    Janis Gaines
    Executive Director
    Real Estate Closing Path
    Kennesaw GA
    +1 (678) 331-4731
    www.realestateclosingpath.org
    ------------------------------
    ALTA Marketplace


  • 2.  RE: Put it in writing?

    Posted 4 days ago

    Janis,

     

    Well said and I agree with you. 

     

    I might add, in all things, be driven by the truth. When you are doing things the right way, the truth is always your friend.  When putting things in writing I have always guided myself by the following precept:  Would I be comfortable having what I wrote being read to a judge and jury? Sometimes we need to write things down that are sensitive, uncomfortable, or private in nature.  In that case, be professional about it and be guided by the same precepts.

     

    With 45+ years as a lawyer, I've been deposed as an expert witness more times than I can count.  In depositions we are faced with many questions by opposing counsel.  Sometimes these questions follow in quick succession.  I've guided myself by the following principles: (i) make sure I fully understand the question; (ii) pause and reflect before speaking; and, (iii) remember, it's your mouth and only you control what comes out of it!  The same concepts apply to settlement of a real estate transaction which often is the buyer's largest lifetime personal financial transaction.  Remember, it's ok to say, when it's true, that "I don't know" or "I cannot discuss that."  Avoid the temptation to tell the parties what they "want to hear." Again, be guided by the truth and respect your duties to the parties to the transaction.  Remember, although we are experts in title insurance and settlement, we are not experts in "all things real estate."  Nor should we cave into pressure to answer questions about things we don't have both knowledge and training about.

     

    And I agree, email, together with all other electronic communications, are forever.  Deleted simply means you can't see it anymore on your device.  But the content lives on in cyberspace where only experts can find it.

     

    Thanks again for sharing and have a terrific day.

     

    Respectfully,

     

    Steven Lawrence
    Legal Counsel & Title Officer

    Eastern National Title Agency Texas, Inc.

    6111 W. Plano Pkwy, Suite 3000
    Plano, Texas 75093

    O: (469) 737-1020 | D: (469) 737-1036
    [email protected]  • www.easternnationaltitle.com

     

     

    We CANNOT accept ACH Transfers for closings.

     

    IN OUR ONGOING EFFORT TO PROTECT FUNDS FROM FRAUDULENT ACTIVITY, Eastern National Title Agency uses a secure portal powered by ClosingLock to communicate wire transfer information to  you.  Do not trust wire transfer information from any other source. Please call Eastern National Title Agency at a known number before initiating your wire to us, and we will not initiate wires without first confirming instructions via phone call.

     

    Disclaimer: This message may contain confidential or proprietary information intended only for the use of the addressee(s) named above or may contain information that is legally privileged. If you are not the intended addressee, or the person responsible for delivering it to the intended addressee, you are hereby notified that reading, disseminating, distributing or copying this message is strictly prohibited. If you have received this message by mistake, please immediately notify us by replying to the message and delete the original message, any attachments, and any copies immediately thereafter.

     

     

     






    ALTA Marketplace


  • 3.  RE: Put it in writing?

    Posted 4 days ago
    Absolutely "get it in writing." But for those cases where the written instruction differs from what you heard on the phone, I suggest employing one of the available note taking apps available today.  Even if the written word agrees, you now have a second source of evidence.  You can attach the note file to your closing file.

    Edwin G. Generes, CPA (Inactive)
    Founder & CEO
    Member: American Land Title Association





    1040 Old Spanish Trail, Suite 10
    Slidell, LA 70458
    985-317-3398 (Direct)
    985-641-3490, ext. 101

    Superior technology combined with exceptional expertise

    All our outgoing emails are supported by TLS encryption. We have verified the recipient(s) of this message has/have also enabled TLS encryption.   Email communications are automatically secure if their email server supports Transport Layer Security (TLS). This means the entire transmission is 100% secure and meets all NPI requirements for secure email communications.

    Notice: This communication, including attachments, may contain information that is confidential and protected by the laws of privilege. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution or reproduction of this e-mail, including attachments is prohibited and may be unlawful. Further, nothing in this communication and/or its attachments should be considered legal, tax or accounting advice or the rendering thereof.






    ALTA Marketplace