That's a false logic. A license is required to perform real estate contracts, legal contractors are presumed to honest, thus any contract that lacks the written permission of the state must be dishonest. Sorry, but a license doesn't mean your honest and the lack of one doesn't mean your dishonest. In this case, it means your stupid, but malice still isn't the most likely cause of this breakdown.
No, a license doesn't mean someone is honest. However, states can still require them for virtually anything. My neighbor's driver's license doesn't mean he's a good driver, and we have his totaled car parked in front of his house as proof. He still can be tossed in jail or fined if he drives without one. The guy who fixed the electrical wiring for the same neighbor is a pretty damn good electrician but he got 30 days in jail for working on electrical wiring without a license.
Of course, without the license he actually can't legally do what he claimed to be able to do for homeowners.
Actually, he could. That's the 'loophole' in a land contract, performed properly. Still a good idea to use a licensed real estate lawyer to handle the details, but land contracts are legal for anyone in any state. As I noted before, a land contract is simply a rent to own lease agreement wherein the object being rented is one's own house bought in a short sale prior to forclosure, instead of a tv or a computer from Renta-center. It is, essentially, a long term lease agreement. Real estate lawyers can't really make such contracts illegal. BW's failure was accepting a deposit from potential clients. If cash wasn't involved, the dogs wouldn't have had anything to hit him with. If he had shelled out the fees that licensed agents expect, they would have left him alone.
The state can require a licensed realtor be the broker of any transfer of property ownership. You can argue all you want that it's unfair for the state to require that but the reality is (and I checked) the Illinois county clerks won't accept a transfer of owner for a deed that doesn't have a valid real estate license associated. As such, Bruce's investors could not have bought the house in a short sale. Bruce had no realtor's license. An external realtor would have had to have been required, but by your own argument, if one was involved, the coalition gets their cut and Bruce wouldn't have been in trouble.
Bruce was broke, remember? What would he have paid his lawyer with? They don't work for free, justice belongs to the highest bidder, sometimes.
So the over $100,000 that was listed from just the clients represented in this suit just magically evaporated into thin air when the plaintiffs got representation?
I'll expand on this a little more, actually. If Bruce just got overwhelmed, as he claims, then there were people who got helped, whos fees he was entitled to keep. Let's be extremely conservative, and say he helped 1 in 10 clients. Surely that would cover his operating costs, like the rent on his office space -- many people were paying $3,000 or so as a fee, after all. So why not just refund everyone he dropped the ball on? He obviously didn't, because that's a long-ass list of names in the court papers...
and that Bruce just somehow "accidentally" took money and more money and more money from more and more incoming clients, until he was "overloaded"... I mean, seriously, this isn't like typing in a few numbers. This isn't something that "creeps up on you." Unless maybe you get hit by a car and are in the hospital, but that's not what Bruce claimed.
I'll admit, that part does sound a bit fishy, coming from Bruce himself.
Honestly, it was specifically that part that had me convinced the whole thing was indeed a fraud. It isn't as if I don't understand that "plea bargaining because of the circumstantial evidence really sucking for my chances" applies to civil trials as well, for starters. Some companies really do settle out of court not because they're guilty but because the costs of proving innocence are higher than what they're being prodded for. Lawsuit-as-extortion is practically a whole fucking industry at this point.
But this is an industry I actually have experience with: I worked for a realtor for five years, and I worked for a debt management company for three years. So that's five years dealing with nothing but property and three years dealing with nothing but people struggling with debt. In both places, of course, we deal with "Ok, well, a home is being sold to an investor on a short sale with a pre-existing lease contract which covers the payment of rent and balance of equity, plus redistributed interest, at which point the current owner gets the home back" stuff when it arises.
In every legitimate case I've seen of this type of business the business goes out of their way to have a list of interested investors at any given time. They don't go seek an investor when they get a client's $2,000 fee, they have a bunch lined up at any given time. If the list gets too short they stop taking customers until they've gotten more investors. Bruce obviously wasn't doing it this way, but it should be pretty obvious to anyone who, well, Bruce's exact words, "We were taught by someone in Michigan who was very successful at it" that you need the investors first. Investors will say what sorts of amounts they'll cover, on what sorts of repayment schedules. For example, you might be willing to cover $50,000 as a maximum, and you want full payment within 10 years, and you want $15,000 as profit over that time. The short sale specialists will keep investors sorted by financial parameters. Any home coming in they look for a match. You don't take someone's money and then go look for investors. You don't take someone's money when you have no investors.
So Bruce says, "What happened though... in short is.... We were a victum of our own success. At the same time that we had just begun a radio advertising campaign... mortgage foreclosures hit an all time high." Well, the fees for his "successes" should have paid the office rent and everyone he took as a client despite not having time to do any work on them should have been returned.
"Of course, we needed to charge a deposit in order to pay for the weeks worth of processing paperwork that was needed in order to deterine their deed, their mortgages, determine their equity, get appraisals on the property." WEEKS? That right there is a complete load of crap. The last place I worked got people home equity lines of credit all the time. It never took more than a couple of calendar days to get everything the mortgage broker we used demanded. And let me tell you, starting in mid-2007, they did demand
everything as far as the paperwork goes. For HELOCs, we had one employee doing them, and he was getting all that stuff done for about eight to ten customers a day at our peak. The realtor I worked for for five years never needed more than a few days either, and it wasn't like she spent all day on it.
And finally, there's this gem: "We had every single applicant sign a contract -- and with their signature notorized -- stating that they understood clearly that there was no guarantee that we would be able to match them with a suitable investor." I called up my last boss when I first saw that. Chatted with him a few minutes about this. His response was, "Wait, you mean they expected the fee up front, instead of after the investor agreed?!?!" He's been handling people drowning in debt for 15 years and he had never heard of a legitimate company doing it that way.