Required Florida Documents

Real Estate Investing Mentor and Educational Entrepreneur, Author, Speaker

“Here Is The Solution To Avoid Being Fined By The State Of Florida For Interacting With A Homeowner In Foreclosure.”

Discover the Fastest And Easiest Way To Immediately “Legalize” Your Real Estate Career!

Read This Information Carefully If You Are A Real Estate Investor, Wholesaler*, Mortgage Broker, Realtor**, Foreclosure-Rescue Consultant, or Short Sale Specialist.

*Additional Risk Factors for “Daisy Chaining” of sales

**Realtors are not exempt if they do investor-type transactions that are defined as “Equity Purchasers” or “Foreclosure-rescue Consultants” that is not in the course of their usual business as defined in Statute 501.212(6) pursuant to Chapter 475.

If You Are Any of The Above Real Estate Professionals, You Are Likely Breaking Florida Law And You Probably Don’t Even Know It!

“We have been able to get clarification from the Attorney General’s Office regarding his staff’s interpretation of how enforcement should “play out” in the field.  These are opinions by enforcement officers of how they intend to enforce Statute 501.1377 and related “anti-fraud” statutes.  It must be understood that in the final analysis, the courts will determine who is actually found guilty or innocent and how Statute 501.1377 is interpreted.  Please remember that being the “test case” or poster boy for this legislation, even if you are right, could carry HUGE legal costs.  Don’t set yourself up for failure by not taking simple precautions now and using the proper Disclosure Documents and carefully listen and review the written information about Statute 501.1377 and its related statute once you have purchased your appropriate documents.”

Remember, “An ounce of prevention could save you a ton of attorney’s fees!” 


If you are doing Loan Modifications or Short Sales -No longer do you have to have an attorney collect the fee upfront so you can get paid while you earn a few cents back for doing all or most of the work! The updated material and your being licensed as a mortgage broker clears the way for the method of payment so you can again start making a living immediately!

Florida State Statute Section 501-1377 (“Foreclosure Rescue Transactions”) has become law and it is very clear; either you comply or you violate the law. If you don’t have a legally qualifying Disclosure Document signed by the homeowner in foreclosure, and you follow strict contracting guidelines, your only hope of avoiding fines is waiting for the statute of limitations to expire.

Does this sound “over the hill”? It may, but is has been a reality since over a year ago with the passage of the first so called “anti-investor” legislation by the State of Florida. An even more explicit legislation was signed into law May 28th, 2008 by Governor Crist, which became effective 10/1/2008. This Statute limits the way you can do business with homeowners who are contemplating or already in foreclosure. In addition to Florida, eighteen other states have passed investor “unfriendly” legislation and six other states and the Federal governments are currently drafting legislation for possible passage this year!

The Florida Statute (Section 501-1377 “Foreclosure Rescue Transactions”) passed on May 28th, 2008 replaces the previous legislation (Section 501.2078 “Violations involving individual homeowners during the course of residential foreclosure proceedings”). This earlier legislation was repealed October 1, 2008 by the new Statute. This new law beefed-up regulation of the foreclosure industry and is specifically aimed at anyone interacting with homeowners in foreclosure by “offering to buy their foreclosure property, offering to postpone or “stop foreclosure”, anyone who charges an “up-front” fee for any related service to foreclosure or short sales, and anyone offering a lease option to a homeowner in foreclosure”. Included in the new legislation (s. 501.1377) are very specific clauses regarding the maximum profit on a lease option transaction, exact font size for certain “must have” clauses in your contracts or disclosures, a 3 day right-of-rescission, a required one day “preview” by the homeowner of all Contracts/Agreements”, restrictions on transactions involving land trusts, and much, much more!

You can no longer do foreclosure real estate investing or foreclosure “rescue” work in Florida without having proper disclosure documents without facing $15,000 fines per violation!

The Only Question Is:  How Soon Will You Be Caught And Fined?

Dear Fellow Real Estate Professional;

As a real estate investor for 35 years, we seem to be in a “perfect storm” of hard to get buyer loans, foreclosures seemingly without end, competition from many other investors, and now an attack on the industry by well-meaning legislators who may not realize the damage they may be inflicting on the investing community.

Despite all the additional economic problems at hand, people need homes to live in and our fundamental economic issues will pass but just how soon no one really knows.  I have lived through two other serious real estate downturns in the Florida
real estate market and history will repeat itself by the market returning to “normal” in the future.

This is a really unique time for anyone in real estate because prices are probably at 10 year lows and there are buyers out there.  In other parts of the country, home prices have stabilized and are increasing slightly.  As with all diversity, the people who make the most money have the foresight to buy when everyone else is selling. 
Whether you are considering becoming an investor, realtor, mortgage broker, a wholesaler, or you plan to provide foreclosure related “rescue” services for a fee, Florida’s new legislation must be dealt with before your next meeting with a perspective client!

To keep you from unintentionally violating the new law, we have worked with our group of attorneys to provide you with the actual disclosure documents that you need for every homeowner, whether they are in foreclosure or NOT in foreclosure.
Please take a few minutes and read the rest of this page so you better understand the seriousness of the legislation and its consequences for you.  The solution at hand is to make your career in this industry one of great return versus having to look over your shoulder waiting to be served with a summons because of a document you didn’t have signed.

To your success,

Dave Dinkel, President
Heritage Realty Services, Inc

What’s All The Fuss About?

Florida Senate Senator Mike Fasano, District 11

Press Release

May 28, 2008

CONTACT: Greg Giordano
(727) 848-5885


Senator Fasano Announces that Governor Crist Has Signed 
Foreclosure Rescue Fraud Legislation Into Law

Senator Mike Fasano announces that Governor Crist signed HB 643/ SB 992 into law today which places into statute many protections for individuals facing foreclosure. The legislation was a top priority of both Senator Fasano and Attorney General Bill McCollum.

In 2007 alone there were over 245,000 mortgage foreclosures in Florida. Additionally, Florida ranks second in the Nation only to California in the number of foreclosures in 2007.

A common practice of scam artists who pray on those facing foreclosure target homeowners trying to avoid closure by presenting themselves as foreclosure rescue counselors. The schemes perpetrated by these individuals include charging high fees for work the homeowner could do themselves; and a false bailout (where the homeowner is lead to believe that they can sell their home, rent it short-term and eventually repurchase the home).

The legislation protects consumers by informing them of their rights when they are entering into a contract with a foreclosure rescue entity and by including further protections for those who face foreclosure. It requires that foreclosure rescuers include in large bold font notification to homeowners of this right of cancellation on the contract and a recommendation that the homeowner contact the lender or mortgage holder prior to the signing of the agreement. It further informs the homeowner the consultant is prohibited from accepting any form of payment until all services are completed. Most importantly the bill creates a three-day right of cancellation for homeowners who sign a contract for foreclosure rescue services.

“The threat and fear of losing one’s home has driven many people to unknowingly seek the services of unscrupulous foreclosure consultants,” Senator Fasano states. “Passage of this legislation will ensure that those who decide to seek the help of a professional are given as many protections as the law will now allow to ensure that their rights as a homeowner are not infringed upon.”

“Florida homeowners now have an important tool to protect their most valuable possession – their homes,” said Attorney General McCollum. “By protecting our citizens who face the threat of foreclosure from those individuals who would prey on them, this law will ensure that homeowners will not be further victimized at a time of personal financial crisis.”

The new law covers two categories of individuals/entities – the “Foreclosure-rescue Consultant” and the “Equity Purchaser”. 

The Foreclosure-rescue Consultant is anyone “who directly or indirectly makes a solicitation, representation, or offer to a homeowner to perform, in return for payment of money or other valuable consideration, foreclosure-related rescue services.” 

The Equity Purchaser is anyone “who acquires a legal, equitable, or beneficial ownership interest in any residential real property as a result of a foreclosure-rescue transaction.”

If you deal with any homeowners in foreclosure to purchase their home, or offer any foreclosure related services, you are breaking the law if you don’t have the required Disclosure Documents signed by the homeowner – No “If, Ands or Buts”! Each violation is subject to a fine of up to $15,000.

            Federal legislation is currently being drafted called the “Foreclosure Rescue Fraud Act” (S. 2888) which has one very onerous clause that sums up the intent of the legislation – “A Foreclosure Consultant is ANYONE who delays or helps a homeowner avoid a foreclosure, whether the Consultant charges a fee or not” We are part of a lobby effort to have our industry be heard so that misguided legislation doesn’t do much more damage to an already fragile industry instead of targeting a few bad apples in the barrel!

Don’t expect a judge to listen to your plea of how much you helped the homeowner because “he would have lost his home if you hadn’t helped”.  You have violated the law because you didn’t have the homeowner sign the REQUIRED Disclosure Documents so you are GUILTY – plain and simple Don’t expect it to help if you drag the homeowner into court with you and have them plead for you, because you simply violated the law, no matter what the outcome for the homeowner.  Doing a good deed can truly get you in real trouble if you don’t do it legally!  Again, it’s completely black and white, either you did it right or you are guilty of breaking the law.  Ironically, complying is very simple once you have the qualifying documentation.

NOTE – One requirement is that the homeowner must sign the receipt the day before they sign any contract with you and you must leave all the documents they will be signing with them to read overnight.  The homeowner also has a 3 day “Right of Rescission” from the day they sign the documents and, if the homeowner cancels, any monies collected MUST be returned within ten days if the homeowner cancels.

Another major change that the legislation brings is that as a Foreclosure-rescue Consultant you can no longer charge an up-front fee for any “rescue-services” including short sales, loss mitigation negotiations, loan modifications, etc.  Charging any up-front fee is completely illegal and coming back after 24 hours and collecting the fee is ALSO illegal!

The Solution is Very Simple –

Get Every Client To Sign The Required Disclosure Document To Keep You Out Of Trouble

Real Estate “Wholesalers” are at highest risk because they have traditionally done a lot of work with homeowners in foreclosure.  More importantly, when a wholesaler sells to another wholesaler who may sell to another wholesaler, who then sells to an “end” buyer, the entire “daisy chain” of assignors and assignees is at risk for the same non-disclosure violations.

Why haven’t you heard about this legislation before?    I can’t tell you why, but I do know that a representative at the Attorney General’s Office said they called for comment from our industry and NO ONE came forward.  This is the apathy we see in the industry because everyone only looks out for themselves.  Before it is too late, it may be time to band together to support the lobbying effort that we have already become a part of for our industry.  On our part, a portion of every sale we make goes into this direct lobbying effort. 

With all this talk of “rules and regulations”, “doom and gloom” we could overlook the exceptional opportunity that exists with this legislation.  For the faint hearted, the prospect of doing something unknown will deter them from entering or staying in the industry, resulting in less competition.  The bad guys that caused all this knee-jerk legislation will be forced out of the business, resulting in even less competition.  The ones who are left will police their local areas by turning in other investors who are not complying and once again, less competition.  The survivors who take charge and get our Disclosure package for use with their clients will survive and thrive.  You can be one of the survivors, the choice is yours!

My dad always said let’s look at the “Pros and Cons” of having a Disclosure Document, so here they are in the old Ben Franklin format:

“Get the Disclosure Documents and be Legal”
“No Problem, Let the Other Investors Worry About the Disclosures”
No worry about breaking the law with an attorney drafted disclosure –
if you simply follow its intent
Looking over your shoulder waiting for the “Shoe to Drop” and hoping the Statute of Limitations passes!
Confidence to make offers to Sellers that are profitable for you and are legal under Florida law. Always wondering when an attorney will approach your Seller and tell him what a bad deal he got and what legal recourse he has – without a Disclosure you are automatically GUILTY!
More time looking at deals and feeling secure you can do them legally. More time defending what you did for no additional return and always facing a tremendous loss of time and attorney’s fees!
Little chance of needing an attorney. In case of an investigation, you start by showing you complied with the current legislation Huge attorney’s fees to defend yourself against State regulators and potential civil lawsuits!
If the Disclosure is done properly, very remote chance of being scrutinized for violations. The stigma of the trial and the impact on your credit report if you lose!
(Public records are on file for 20 years)
Stronger selling point with homeowner because he sees you are complying with the law.  Adds credibility to your presentation and results in more deals. Homeowner understands the law and is looking for you to “goof” and sue you – more of a chance than you might think as “ambulance chasing” attorneys rush to educate homeowners on their “rights”.  The attorneys’  mailing list is the same Foreclosure List that you are using!
Peace of mind knowing that you are doing the right thing for the homeowner and you are doing it legally at the same time. Never knowing when a former client will come out of the woodwork with an attorney or with an attorney from the Attorney General’s Office in tow to get money back from you!
As a wholesaler, no fear of having your buyers come back because you didn’t get a Disclosure signed or you were in the Daisy Chain that got caught – no problem Always knowing that someone in your “inner circle” of wholesalers will eventually get caught without Disclosures in place and everyone in the “daisy chain” will be a risk for the same problem because the original wholesale buyer didn’t take the time to get a Disclosure!
No need to worry about other investors “ratting” you out to get rid of you as a competitor because you did the right thing and got a signed Disclosure. Always waiting for other investors to “rat” you out to the Attorney General’s Office because you simply didn’t get a simple disclosure Dcoument signed!

One of the “risks” not generally discussed is with the homeowner who sells you his property but he is not in foreclosure.  Later, he hears from his neighbor, friend, or wannabe attorney about the new “Anti-investor” law that regulates home sales by homeowners in foreclosure.   If the previous homeowner suddenly decides he was “contemplating foreclosure” when you bought his home and you didn’t comply with the new law, he may just report you to see if there is anything in it for him!  Included in the package with your “Foreclosure-Rescue Transaction Agreement” is another disclosure document JUST to cover this situation!

Now is the time to take charge of your investing destiny by purchasing the Disclosure Documents you need to be a “worry-free” professional.  Get your copy today so you have it for your next presentation!

FEATURES RequiredFLDocs “Others”
Step 1 –
Open Me First” Introduction on “What’s in the Package & Getting Stated” –
in PDF format
Yes No
Document 1 –
Covers General Anti-victimization Statutes forYour Protection with Parties
Not in Foreclosure
(absolutely essential)
in Word format
Yes Yes
Document 2 –
Seller’s Bill of Rights” –
Disclosure for All Sellers/Parties
Added in 2009
in PDF format
Yes No
Document 3 –
Required Disclosure”  for Homeowners Who Say They Are Not in Foreclosure
In Word format
Yes No
Document 4 –
Notice To Homeowner(required in this EXACT format by State of Florida)
in Word format
Yes Don’t Know
Document 5 –
Document Receipt” for Homeowners in Foreclosure– a “must have” to insure the homeowner doesn’t say later that he didn’t see a specific document!”
in Word format
Yes No
Document 6 –
Disclosure Document for Equity Purchasers and
Foreclosure-rescue Consultants” for
Homeowners in Foreclosure
in Word format
Yes Don’t Know
Document 7 –
Disclosure Document for Foreclosure-rescue Consultants” Only for Homeowners in foreclosure
who want loan modifications or short sales only – so you can get PAID without an attorney collecting the funds FIRST!
in Word format
(This is the Latest Free Update)
Yes No
Document 8 –
A Detailed 42 page Instructional Booklet that reviews every aspect and clause of the new law
line by line” –
In PDF format
Yes No
Document 9 –
Office OfAttorney General
Complaint Form
(our most requested form in the kit by investors who want to turn in other investors who violate the new law – don’t let it happen to you!) –
in PDF format
Yes No
Document 10 –
57 page Reference Manual of Associated Statutes and Laws – another  “must have for mortgage brokers and realtors” to see if and how you can be exempt from the legislation –
in PDF format Document 10 –
57 page Reference Manual of Associated Statutes and
Laws – another  “must have for mortgage brokers and
realtors” to see if and how you can be exempt from the
legislation –
in PDF format
Yes No
These Documents are already successfully being used by investors and rescue- consultants Yes Only
These Documents are already successfully being used by investors and rescue- consultants Yes Yes
Attorney to Defend You if necessary – but at your Expense. Yes No
Drafted,reviewed and approved by four attorneys Yes No
Your copies of the Documents are INSTANTLY available on the internet so you can have them for your appointment tomorrow.  No waiting for CD’s in the mail! or having to take an expensive mentoring course to get them! Portion of every sale goes back to lobbying effort on behalf of all investors Yes No
Attorney(s) who wrote these documents are actually doing real estate closings in Florida Yes No (In at lest one case)
Total Value with Bonuses –see BELOW =
Total $982
Yes No

Here’s What YOU Get In The “Foreclosure-Rescue Transaction Agreement” Package:

Step #1 – “Open Me First” introduction on what to do with your  Compliance Documents – in PDF format

Document #1 – Protects you against other general “Anti-victimization” Disclosure Requirements for protection with parties Not in Foreclosure an Absolute “must have” for every investor in Florida! – in Word format     (Value $99)

 Document #1 – Protects you against other general “Anti-victimization” Disclosure Requirements for protection with parties Not in Foreclosure an Absolute “must have” for every investor in Florida! – in Word format     (Value $99)

 Document #2 – “Seller’s Bill of Rights” should be used as a short form in any real estate transaction where the homeowner is Not in Foreclosure – in Word format (Value $99)

 Document #3 – “Required Disclosure for Parties Not in Foreclosure” Designed to keep you out of trouble when the seller says he is not in foreclosure and actually is! – in Word format    (Value $29)

 Document #4 – “Notice to Homeowner” (Required in this EXACT format by   the Statute!) – in Word format    (Value $15,000 fine)

 Document #5 – Special “Document Receipt” for Homeowner is a “must have” to insure the homeowner doesn’t say later he didn’t see a specific document!” – in Word format (Value $29)

 Document #6 – “Foreclosure-rescue Transaction Agreement” Disclosure Document for Equity Purchasers in Word format and in All Capital Letters as told to us by the Attorney General’s Office (Value $299) 

 Document #7  Added at your request!  Disclosure Document for Foreclosure-rescue Consultants ONLY which allows loan modification or short sale consultants to collect a legal fee for services as rendered!   in Word format (Value $199)

 Document #8 – A detailed 40+ page Instructional Ebook that reviews each and every clause in the new Statute “line by line” – in PDF format (Value $99)

 Document #9  Office of the Attorney General Complaint Form (our most requested form by investors who want to turn in other investors who violate the new law – don’t let this happen to you!) – PDF format    (Value Priceless)

 Document #10  –   A 67 page “Manual of Referenced and Associated Statutes and Laws“ – another “must have” to see if and how you can be exempt from the legislation –PDF format     (Value $59)

 Bonus #1  A percentage of all profits from these sales goes to supporting a lobbying effort on behalf of all real estate investors – your silent, but appreciated contribution!    (Value Greatly Appreciated)

 Bonus #2  You can immediately download your copy so you can have it for your meeting with a homeowner the next day!  (Value a $15,000+ fine or jail time)    

 Bonus #3  Peace of mind that you are complying with Florida law!  (Value Priceless)

Total Value $982+!

Your Cost if you order today is only


Remember, “An ounce of prevention could save you a ton of attorney’s fees!”


The above documents, files, and bonuses will be delivered  immediately after your credit card is processed.

Thinking About Letting Your Attorney Draft Your Disclosure Docs? – GREAT!

If you want another legal opinion or someone else to write your docs, purchase this package anyway and have your attorney review the “Foreclosure-Rescue Transaction Agreement” and make any changes he wants.  By buying the text you will save your attorney hours of tedious research work, consequently a lot of money for yourself, and you will get future updated disclosure documents and ongoing legislative updates at no additional cost!  Make sure your attorney will do this for you.

It’s too late to protest the new Statute, but it is never too soon to start complying!  Some investors have asked me for the Attorney General’s telephone number to start reporting non-complying investors to “thin out the ranks” as they called it.  Don’t let yourself get weeded out by your competitors and have to pay unnecessary fines at the same time – even though you were doing the same things you did just months ago before the new law went into effect!     

Because this is an electronically downloadable product we cannot offer a refund policy. The material has been produced by one of Florida’s most respected law firms so we are confident it meets all legal requirements.  In addition, they will also provide new documents as needed and these will be forwarded to our registered members.   Each purchaser will be registered to his personal copy of the “Foreclosure-Rescue Transaction Agreement” package and any future updates will be sent electronically to him exclusively.  Membership has its privileges!

Buyer Beware – If you split this package with someone else, they run the risk of NOT getting changes, upgrades, and legislative updates in the future.


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