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Bizarre Among Us, Realtor Newman

by Craig B (writer), May 15, 2008

Credit:

Rose Newman, hired to sell the house, but instead runs off buyers.

What do you think the purpose of an Open House is?  One person we shall call Chris and her friend we’ll call Alex, went Open Housing in Chris’ neighborhood in Sparks.  Chris and Alex are a little nervous of further irrational behavior which is why I’m referring to them only by these names.  Chris’ neighborhood is a very nice one.  Many people that Chris has introduced to her neighborhood through taking them an Open House there have ended buying a home there.  Open Houses are advertised in the newspaper.  They have the property address and the hours of the Open House.  Chris and Alex arrived at the Open House during the publicly posted hours.  A man is in the drive-way.  He’s agitated.  He tells them that his Realtor is late but to please go on in.  Chris spots the Open House sign-in book and leaves her name and telephone number. 

Chris and Alex spend around 20 minutes in the house.  The Realtor still hasn’t shown up, so the owner comes in and answers their questions.  The owner had done a lot of work to the property that he was very proud to show off and point out.  About 45 minutes after the advertised start of the Open House, Chris, Alex and the owner are walking out.  A woman came running up the drive-way yelling over her shoulder to them, “Call me if you have any questions.”  She didn’t say who she was, nor what her number is, nor even stop and provide her business card. 

Chris and Alex left.  That evening at about 9 p.m. Chris got a telephone call at her home; the number she had left at the various Open Houses.  Without identifying herself, a woman demanded to know “Just what the crap do you think you are doing?!”  The work “crap” was used several more times by this woman.  Chris thought the woman was drunk.  The woman yelled that it was crap that Chris had entered the house.  That it was crap that Chris had spoken to the seller without the agent present.  That what Chris had done was crap, just plain crap.  That this person was going to get Chris in trouble for her crap.  This tirade went on and on until Chris was able to get a word in after she figured out this person yelling at her, chastising her, and then threatening her, was the listing agent of the Open House where an agent had arrived late. 

Chris told this real estate agent that she entered the house during the hours it was publically advertised as open.  That is was at the invitation of the owner because the real estate agent was not there which the owner had conveyed to Chris he just wasn’t too happy about.  That Chris lived in the neighborhood.  That many people that Chris has introduced to her neighborhood through taking them an Open House there have ended buying a home there.  That if the agent had been there as she was hired to be, then Chris would have spoken with her.  That this agent yelling at Chris for going to this agent’s advertised Open House was just turning Chris off to that house, that agent and that agent’s company.  That Chris did not like it that an agent was calling her at her home to yell and swear at her and threaten her.  That Chris would never use that agent or their company.  That Chris would tell everyone she met about not to use them and why. 

That telephone call was from Rose Newman, the listing agent for the property where the agent had arrived late for the Open House.  Chris got Ms. Newman’s name off the flyer that Chris had picked up at the Open House.  Ms. Newman is with Prudential Nevada Realty.  This time was not the first that a Prudential Nevada Realty agent had threatened others.  Quite a way those Prudential Nevada agents have of treating people. 

Definitions of OPEN HOUSE on the Web: 

·                     An advertised period of time in which a property which is for sale is available for inspection by prospective purchasers.
www.titlecorockies.com/dictionary_o.htm 

·                     A marketing tool in which a listing agent opens a house for view.
mantua.nj.agentsmate.com/Content/glossary/rmgate.asp 

·                     A real estate sales technique. The seller’s realtor opens the seller’s house to the public.
www.ameriprise.com/amp/individual/products/banking/information-center/glossary.asp 

·                     A low-pressure sales approach used by realtors to advertise a property that is for sale. The realtor invites potential buyers to drop by and see the property without making a formal appointment.  www.canequity.com/mortgage-resources/ 

·                     A time, scheduled and advertised by the broker, to get a large number of people and/or other brokers through the property in a short period of time.

·                     www.nestseekers.com/Guides/Glossary 

None of these are what Ms. Newman did.  John Stuart Mill, "Every great movement must experience three stages: ridicule, discussion, adoption."  Maybe this story will start a customer service and ethics discussion at Prudential Nevada Realty and they will adopt a more profitable, legal and ethical way of doing business than running off buyers for a house they were hired to sell.  Maybe.



About the Writer

Craig B is a writer for BrooWaha. For more information, visit the writer's website.
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27 comments on Bizarre Among Us, Realtor Newman

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By Edward on May 21, 2008 at 03:07 pm

How do these idiots get and keep their real estate licenses?! Here are more reasons why a real estate degree should also be a pre-requisite for a real estate license!

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By Morgana on May 25, 2008 at 06:07 pm

Just exactly how does this Realtor Rose Newman and her Broker explain something like this bizarre behavior of hers to her neighbors, clients and customers or the BBB or the Nevada Real Estate Division?  Something perhaps along the lines of "I was drunk or drugged up.  I'm really not that stupid, rude and self-centered."  Either way, no using this idiot for anything but to laugh at.

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By Edward on June 01, 2008 at 04:13 pm

The 2008 Reno BBB Accredited Business Directory is out.  Has that "When you see the BBB seal, it means that the business has agreed to "Tell the Truth, Keep Its Promises, Be Responsive."   Neither Rose Newman nor Prudential Nevada Realty are in it.  Now we know why.

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By Edward on July 17, 2008 at 08:04 pm

Nevada Real Estate Division e-mail: realest@red.state.nv.us 

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By Maryam on July 21, 2008 at 05:09 pm

Another example of They shoot Realtors don't they?

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By Morgana on August 07, 2008 at 03:58 pm

Maryam, you ARE bloodthirsty, aren't you?

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By Craig B on August 23, 2008 at 02:16 pm

"Chris" is Christine LeDuc of Camelback Drive in Sparks, 359-8038.

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By Ed Attanasio on September 01, 2008 at 08:25 pm

As they say, every Rose has her thorn. It's sad when real estate agents don't work for their clients, yet expect big commissions.

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By Morgana on October 14, 2008 at 05:01 pm

These exposes of Craig have been censored out of Broo publication.  What does one do when one prefers “an excess of caricature to the excess of censorship”? 

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By Craig B on October 20, 2008 at 08:31 pm

More Bizarre Among Us

Lilac Destroyers Among Us, City of Reno

On October 17, 2008, I received this letter a Reno couple had written to the City of Reno.

City of Reno Community Development - Code Enforcement

re:        Parcel Number:           086-630-04

Subject Property:        13870 Mt. Babcock

Dear City of Reno Community Development - Code Enforcement,

We believe in our case Code Enforcement is in error, is inconsistent and has exceeded their authority.  Therefor we are disputing their Notice.


1.      We just received their letter today, two days before their deadline.  The reason we received it late is that there is no such address, physical or mailing, of “13870 Mt. Babcock, # 108, Reno, NV 89506" as Code Enforcement addressed their letter.  The reason we received it at all is that the mail person knows us and brought this letter to our attention.

2.      We don’t know where Code Enforcement is getting “13870 Mt. Babcock, # 108, Reno, NV 89506."  Therefore, Code Enforcement is violating Art. 11 NOTICE OF VIOLATION Sec. 1.05.100 Notice of violation; procedures (1) as Code Enforcement failed to have “the address of the responsible in violation,”

3.      Code Enforcement is in further violation as Code Enforcement failed to include (2) “the specific provisions of the Code which have been violated.”

4.      Our lilac bushes are NOT “obstructing the vision of drivers turning onto the public street from this easement” as Code Enforcement claims.  Nor do they “ . . . obstructs/interferes with a clear line of sight for approaching drivers.” as Code Enforcement incorrectly alleges.  If so, then the truck that belongs to the Martins who live at 13860 Mt. Babcock is also guilty.  We took photos of this placement of the truck where it is parked in front of 13860 Mt. Babcock in relationship to our bushes.  This truck obstructs vision MUCH MORE than our bushes.  So does any vehicle parked in front of our property at 13870 Mt. Babcock.  So do those kids who sit on top of the Sierra Pacific box to the north of this driveway.  So does the US Post Office cluster box on the north side of this driveway.  So does the van parked in the driveway of 13900 Mt. Babcock. Please explain the distinction of how our bushes block vision but vehicles, and the cluster boxes and the kids sitting on the Sierra Pacific power box don’t.  So does the bush at the corner of Mt. Babcock and Echo, another beautiful lilac bush.  So does Cory’s truck around the corner on Echo down from 5254 Echo.  Cory’s truck is jacked way high, and it also obstructs vision when one is pulling out of the driveway.  We also took pictures of that.  So do the beautiful lilacs at 5256 Echo, contiguous to the driveway at 5254 Echo.  Also, Code Enforcement responded to our complaint about the obstruction of vision at the corner of Echo and Military Rd.  In writing, Code Enforcement referred us to the Public Works Department.  We fail to understand how that obstruction of vision is not their issue but our bushes are.  Please explain the distinction as it seems to me Code Enforcement is not being consistent.  Equal treatment and protection under the law is one of our rights under our Constitution.

5.      Our bushes do not endanger, in any way, the security or usefulness of any access to any street, utility line (above or underground), sewer or public place.  There is nothing unsavory or even hazardous about our beautiful lilacs (these deciduous bushes).  On the contrary, during their lovely bloom, people come from blocks around to look at and smell them.  Every spring, we give away many of their flowers to the residents in our neighborhood.  The children walking to and from Desert Heights Elementary and also to and from the buses to the middle school and the high school, adore our lilacs.  Former Council Member Harsh herself understands the benefits of vegetation and flowers when the City of Reno introduced their wonderful flower program.  Vegetation and shade are a premium here in the high desert.  Our lilacs promote livability, community appearance and the safe, social and economic conditions of the neighborhood.  Our lilacs have contributed to an increase in property values.  This interpretation was confirmed in 1996 by city employees Mr. Bushe and Ms. Tuttle who both correctly declined to take any action on our lilacs, correctly deeming they’re not a city related matter.  Equal treatment and protection under the law is one of our rights under our Constitution.  We fail to see Code Enforcement’s distinction now from how Mr. Bushe and Ms. Tuttle saw it in 1996.

6.      Our lilacs do not obstruct the street or sidewalk.

7.      We had written Code Enforcement for an explanation of the “Access easement” referenced in their letter.  As of today, we have NOT received a response to our query to Code Enforcement about this “access easement” Code Enforcement alleges in their letter, although we have made two requests since then through the City Manager’s office via Ms. Danen.  Who by the way, is a very helpful and polite individual. Code Enforcement is not being consistent in violations Code Enforcement alleges.  In their first letter, it’s an “access easement.”  In their second letter, it’s a “vision triangle.”  Which one is it?

8.      Code Enforcement is not being consistent in their inspection dates.  In their first letter Code Enforcement writes “An inspection will be conducted September 30th . . .”  In their letter October 15, 2002, Code Enforcement now writes, “Due to an inspection by the Community Development Department at the above location on September 27th,  . . . ” three days BEFORE their other date of inspection.

9.      Code Enforcement is not being consistent in their heights.  In their first letter Code Enforcement writes “Please trim the back the bush (not to exceed 4 ½ feet) as not to allow obstruction of the vision triangle . . .”  In their letter October 15th, Code Enforcement now writes, “Remove and properly dispose of all foliage in the driveway vision triangle over 2.5 feet tall.”  We think Code Enforcement is now using their position unreasonably to punish us because we asked their for an explanation of their first letter.  This behavior is unreasonable, capricious and arbitrary as opposed to Mr. Bushe’s and Ms. Tuttle’s when we first visited this issue back in 1996 Code Enforcement is now acting more like a tempest in a teapot than the more reasonable and correct behavior of Mr. Bushe and Ms. Tuttle in 1996, over this same issue.

10.  In Code Enforcement letter we received October 15th, Code Enforcement writes “. . . following violations of the Reno Municipal Code were noted:  . . Sec. 18.06.107© Zoning Code Violations, Sec. 18.06.501(l) Vision Triangles”  According to the information the City Clerk’s office gave us October 15th, again very helpful and polite people, 18.06.107. Administration. A.  Responsibilities of the administrator. It is the responsibility of the administrator to administer and enforce the provisions of this chapter.  (According to the written definition given me by the City Clerk’s office today, Administrator. The planning director or other agent of the planning commission acting in a capacity as zoning administrator.

11.  Based on the information we received October 15th, from the City Clerk’s office, we don’t see where Code Enforcement has the authority to issue their Notice of Violation for Sec. 18 as Code Enforcement is not “The planning director or other agent of the planning commission acting in a capacity as zoning administrator.”  The person whom we do think does, is Laura Tuttle or whoever took over from her, who we worked with in 1996 over this issue.  The issue of an “access easement” and our lilacs came up several years ago with Jim Bushe the then Code Compliance Officer with the City of Reno, also a very helpful and polite city employee.  Perhaps you can talk with Jim about this issue.  He told us then the issue of our lilacs was NOT a city related matter.  That if a neighbor had a complaint about our bushes, it was a civil issue, not a city issue.  As the then Code Compliance Officer, he took no action on our lilacs.  He then referred us to Laura Tuttle, also a very helpful and polite city employee, about the “access easement.”  September 5, 1996, the City of Reno, via Laura Tuttle, then Principal Planner, Community Development Department, wrote us about our property at 13870 Mt. Babcock, that:  “Mt. Babcock is the front yard, the lot line parallel to Mt. Babcock is the rear yard, the remaining property lines are side yards.  These designations are not affected by the flag lot adjacent.  If the access to the flag lot (APN 086-630-05) were by easement, then your parcel would be a corner lot, with two front yards and two back yards.  This is not the case.”

12.  We enclosed a copy of Ms. Tuttle’s letter in our fax to the City Manager October 15th.  Their designation is in conformance with the public records.  Therefore, neither 13880 nor 13890 Mt. Babcock, the two attached houses behind 13870 Mt. Babcock property, have any easements.  We though, do have an easement along this shared driveway, along with several others.  It was a prescriptive easement later legally conformed when it was publicly recorded.

13.  Part of the price we paid when we bought this property was for mature landscaping.  There has never been an accident or damage resulting from our lilacs.  Each year we trim the lilacs back to our property line.  Any other trimming would adversely and unreasonably affect the value and use of our property and the neighborhood.  Real estate agents will verify that mature landscaping adds value to a property and a neighborhood.  Please see the articles we faxed to the City Manager October 15th, about how these beautiful and useful lilacs also help our heating and cooling, both also affecting the value and use of our property.  When Mr. & Mrs. Ward planted these lilacs in 1979, they deliberately picked the placement they did in order to reduce the effects of the summer sun and thereby reduce summer cooling costs.  Our President himself has brought up the need for us to be responsible and efficient Americans, thereby reducing our dependence on oil.  our lilacs are part of that.

Thank you for taking the time to deal with this puzzling to us issue the City has with wanting to destroy our lovely lilacs.

Cordially,

Owners, 13870 Mt. Babcock, Reno, NV 89506

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By Craig B on October 28, 2008 at 07:41 pm

Bizarre Among Us, Reno’s Mike Straw

This story came to me courtesy of Edward.  Ed wrote me “Want a car vandalized? Then call Mike with Northern Nevada Investigations. I just got through watching a video of ole Mike do exactly that. It was a collector car Buick. Mike is clearly shown on this video walking up to this beautiful and previously immaculate condition creampuff and taking a swing at the driver’s side mirror, breaking it. Now who investigates Mike?”

Mike is Northern Nevada Investigations, Michael Straw, 1479 South Wells #14, Reno, NV, 89502, (775)786-4777.

I also watched this video.  Bizarre.  It is as Edward described it.  The police are the ones supposed to be investigating the vandalism.  Improper behavior by a licensed Nevada State Investigator is supposed to be looked into by the Nevada Attorney General.

Of course, there’s the Nevada Attorney General's Office Huge Online ripoff Contributing to Identity Theft Reno Nevada, and their failures to prosecute, hell, they didn’t even investigate, the Reno area mortgage fraud when brought to their attention years ago.  My Among Us stories.

The other PI firms must love this sort of stuff from a “colleague” of theirs.  PI@EyeAgency.com; mail@intercept-spytech.com; lvdetectives@cox.net; cavalie@statewideinvestigations.org;

As MadMax wrote, “Remember, we have a legal system, not a justice system.”

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By Craig B on October 28, 2008 at 08:29 pm

Postal Among Us, Stead Post Office

65 feet of damaged chain link fence and several thousands of dollars of damage later.

On December 1, 2000, at 11:14 a.m., a United States Post Officer driver recklessly drove his postal truck into a Reno North Valley’s home’s fence.  One of the homeowners was home.  Upon hearing the crash, she went to investigate.  She was confronted by 65 feet of her chain link fence damaged and a postal driver screaming at her to “fuck off” and to “mind your fuckin’ business!”

The Stead Post Office Station Master later reviewed a video tape of all of this stuff, the homeowners and neighbor’s testimony, and the several thousands of dollars of damage.  He refused to take any action.  He also refused to tell the homeowners the driver’s name so that they could get a restraining order against the driver for his threats against them.

The homeowners then hired one Jack Kennedy, Attorney-at-Law.  He reviewed the evidence and listened to the stories and was happy to take their money to “go after the post office.”  Trouble was, he later told them one just can’t sue the post office, and the homeowners were out the damages for their fence and now his legal fees.  They went to Jack for help but ended up being further damaged.

Jack, a short, pudgy, florid faced guy, later moved from Reno to Fernley, Nevada.  He is now a candidate for District Court Judge, Department 1, Third Judicial District Court of the State of Nevada.  The Third Judicial District is Churchill County and Lyon County.

Sources:  Video tape and legal paperwork.

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By Craig B on November 12, 2008 at 12:37 pm

More Bizarre Among Us

Lies Among Us, Greater Nevada Credit Union, or Zero Customer Service Among Us, Silver State Schools Credit Union

I received this complaint from Martin & Valerie Archie.

About a year and a half a go, Greater Nevada Credit Union (GNCU) www.gncu.org put out the information that they were “branching out!”  Their advertising boasted “Greater Nevada has joined a shared branching network.  Now you can access your account from thousands of CU Service Center locations nationwide – just like you were in a Greater Nevada branch.”

That turned out to be a pack of lies or Silver State Schools Credit Union has Zero Customer Service.  One of the shared branch locations GNCU advertised was Silver State Schools Credit Union (SSSCU), 1645 Robb Drive, Suite K-3, near I-80 in Northwest Reno.  We came in to deposit two checks.  We deposited one check while the other check SSSCU rejected.  The clerk told us that their screen had my wife’s and my name on it and because of that only checks only made out in those names could be deposited into our accounts.  I pointed out to the clerk that the check was in our names.  She pointed out that it was also in our Living Trust’s name.  So is our GNCU account I pointed out.  The clerk said not according to her screen.  My wife went out to the car and brought back the GNCU advertising and pointed out the “Now you can access your account from thousands of CU Service Center locations nationwide – just like you were in a Greater Nevada branch.”  The clerk said she’s not responsible for what GNCU wrongly advertises.  I asked to speak with the manager.  The clerk walked over, she huddled and whispered together with another woman all the while the two of them glancing over at my wife and I several times.  The second woman finally walked over and imperiously told us there was nothing she could do.  We were stunned.  My wife said “how about calling over to GNCU and they’ll confirm our accounts are also in our Trust name?”  No, was this woman’s response.  Again stunned, I asked her name and position.  She said, “Shelley, manager,” and walked away.  Bizarre.

That it turns out was not the end of our surprises with that visit.  We then got a notice from our lender our mortgage payment had been returned as NSF.  We went into GNCU with our receipt of deposit into SSSCU that more than covered the mortgage payment we then wrote.  Unbeknown to us, and without even telling us, SSSCU had put a 14-day hold on that deposit.  That resulted in a $87 late charge, a $75 NSF charge.  We have never had a hold put on any deposit in the 14 years we have been GNCU members.

Either Greater Nevada Credit Union lied in their advertising or Silver State Schools Credit Union has Zero Customer Service because our one trip to SSSCU we were not able to access our account at SSSCU just like we had for 14 years at GNCU.  So much for the advertised, “Now you can access your account from thousands of CU Service Center locations nationwide – just like you were in a Greater Nevada branch.”

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By Craig B on November 17, 2008 at 04:30 pm

Flashers Among Us, Reno's CRS Flooring,

Negotiating With Your Home Loan Lender to Modify Your Loan,

Flashers Among Us, Reno's Home Depot,

Hell of a Way to Treat Your Wife,

Diamond Peak Landscaping Stinks,

Unlicensed Among Us, Reno's A & L Construction,

Zeroes Among Us, Reno's TMCC re Ben C. Scheible,

Zeroes Among Us, NRED re Prudential Realty & Their Client Jurie Maree,

Mutilators, Liars, Crooks & Thieves Among Us, Reno's Hogan's Carb & Tune

Zeroes Among Us, Prudential Realty & Rose Newman ,

Animal & Veterans’ Abusers Among Us, Reno's Acadian Rehab,

Cheaters Among Us, Pat Riley,

Anatomy of A Bigamist

Gun Controllers Among Us, Steven Schoonover & Michael B. Samuels,

Incompetent Among Us, Cliff J. Young, Attorney-at-Law,

Zeroes Among Us, NRED re Cheaters Among Us, Prudential Realty & Keith Gledhill,

Lilac Destroyers Among Us, City of Reno,

Contempt Among Us, Coldwell Banker Plummer,

Liars, Crooks and Cheats Among Us, Reno’s Pam Madera,

Not the Father Among Us, Northern California's Ted Sibert ,

Zeroes Among Us, NRED re Bullies Among Us, Valerie Mapes,

Hypocrites Among Us, Reno’s Gary J. Duarte ,

Zeroes Among Us, NRED re Bizarre Among Us, Realtor Newman,

Blackout Among Us, Reno's Select Electric,

Zeroes Among Us, NRED re Contempt Among Us, Coldwell Banker & Patty Hopson,

Rick Vaughan Wells Fargo,

Criminals Among Us, Century 21 Heritage West, NV,

Zeroes Among Us, Greater Nevada Credit Union and Bank of America, or Heroes Among Us, Redwood Credit Union ,

More Bizarre Among Us, Silver State Schools Credit Union or GNCU?,

Economic Terrorists Among Us, Beverly Stewart, Wells Fargo ,

Landlord Screwers Among Us, Falisa G. Hilliard,

Zeroes Among Us, NRED re Cheaters Among Us, Prudential Realty & Their Client Homier,

Zeroes Among Us, NRED re Cheaters Among Us, Prudential Realty & Their Client King,

Reno's Four Seasons Design & Remodeling,

Nonresponsive Among Us, City of Reno Nevada, Alex Woodley, John Hestor, Joe Henry, Charles McNeeley,

Zeroes Among Us, Nevada Real Estate Division Investigator Kip Steel,

Zeroes Among Us, NV RE Div. Administrator Ann McDermott,

Feds Should Immediately Freeze ALL Foreclosures for 2-years,

Abandoned Jobs, Lies & Fraudulent Liens Among Us, Reno Cabinet Facers & Marc Fox,

Zeroes Among Us, Scott N. Tisevich, Attorney-at-Law,

Deselecting Among Us, Reno's Select Electric,

A Bullet-to-the-Head Among Us, from Wells Fargo to the Coopers,

Contempt Among Us, Dickson Realty,

Heroes Among Us, Twin Cities California Police,

Heroes Among Us, J.M. Alexandra,

Zeroes Among Us, Dean Hornshaw re Ben C. Scheible,

Heroes Among Us, Steve Bale, Ph.D.,

Zeroes Among Us, NRED re Greedheads Among Us, Gledhill,

Economic Terrorists Among Us, Rick Vaughan, Wells Fargo,

Not All of Men's Affairs Are For Just Sex or Even Love,

Zeroes Among Us, NRED re Outlaws Among Us, Remcor Realty & Allan Zane,

Bait & Switch Among Us, Reno Meineke Car Care Center ,

Going Postal Among Us In Reno,

Zeroes Among Us, NRED re Outlaws Among Us, Remcor Realty & Their Clients Scott & Feather Dugan,

Unlicensed Among Us, Reno's HandyMike,

Heroes Among Us, Debra Broch,

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By Joan Westin on December 06, 2008 at 05:17 pm

I wish I could say this surprises me but it doesn’t.  Unfortunately, this is all too typical of the real estate agents here.

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By Carmen on January 26, 2009 at 04:15 pm

Dear Craig,

Since he sold me my home, I have tried to get Reno Realtor Danny Podesto to help me, but he wants money first from me.  I checked with UNR for a real estate professor, but they seem to not have any.  I checked with TMCC, but their real estate professor, who actually has a real estate degree, is out on medical.  Ben Scheible, who doesn’t have a real estate degree, also only wanted money from me.  Various Reno lawyers either don’t know real estate, or the ones that claim to know real estate, really seem to not.  And none of them have a real estate degree.  I was then referred to you. 

Question: How do I guarantee my access to my home?

If so, at what cost _______, and what time frame _______?

Background:  I purchased my home in North Valley’s Reno September 1996.  Reno Realtor Danny Podesto told me he represented both sides as he had the listing and sold his listing to me.  Danny Podesto had flyers advertising “rear RV Parking” with this property.  He pointed to the property across the alley which had two 6-foot chain link gates that open out onto the driveway/alley next to my property and a concrete drive-way at the rear of that property.  Danny Podesto said I also could have that as my RV parking.

Danny Podesto then walked me down this driveway/alley to show me this rear RV parking. The only access to this rear RV parking is over the shared driveway/alley.  Danny Podesto pointed out “this access would make a really good in-law rental of the master for extra money” since I was then unmarried with two young children.

I have used the parking in back openly and continuously since September 1996.  I have also observed my neighbors use this alley to drive and walk onto to access the back of his property to maintain his fence.  I have also observed other neighbors also drive and walk several times onto the driveway/alley and property.  I have used this driveway/alley to clean and maintain my fence and landscaping next to this driveway/alley openly and continuously since September 1996.  I have a man gate opening onto this driveway/alley. I use this gate to walk out to this driveway/alley to clean and maintain my fence and landscaping next to this driveway/alley.  At no time has my neighbors or occupants maintained this area.  Various contractors have used this driveway/alley while performing a significant amount of work on my property on my behalf as my property has been upgraded and remodeled.  They, on my behalf, have used this driveway/alley openly and continuously since September 1996.

Over the many years I have lived here, I have at various times rented out the back bedroom and the tenant has used the back parking by using this driveway/alley.    The mailman/lady and owners or occupants of twelve houses in the neighborhood use the USPS cluster mailboxes that can only be accessed off this driveway/alley. Sierra Pacific has used this driveway/alley since I bought.  They use it to read my meter.  I have often observed neighborhood children using this driveway as a shortcut instead of going around the corner.  At no time have I asked or been given permission to use this driveway/alley

Now a new owner, Chad Jones, says I can’t use this driveway/alley.  He’s been very frightening with me.  He has taken to blocking in my, or my tenant’s, car.  He threw glass on my property.  He’s blocked me and my tenant from the back of my property.

Sincerely,

Carmen

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By Craig B on January 27, 2009 at 07:40 pm

Dear Carmen,

You asked “How do I guarantee my access to my home?”  First, thank you for thinking of me.  Immediately call the police when you feel this Chad Jones is frightening or threatening you.  Regarding Danny Podesto or Ben Scheible, I’m not surprised.  Please read my article I linked about Ben Scheible.  I’m not a lawyer.   A lawyer would probably tell you to sue everyone.  Sue your neighbors.  Sue Reno Realtor Danny Podesto.  Sue his real estate broker.  At what cost?  More than you can afford.   In what time frame would it be resolved?  Probably not in your lifetime.

So I checked with a real real estate expert, the only person in the state of Nevada with real estate and escrow degrees and three other degrees.  That is Professor J.M. Alexandra, who I tracked down while she’s out on medical.  She says it sounds like you have a situation arising out of what is known as a “flag pole” lot.  If the cheap developer did not set up a written and recorded at the Recorder’s Office Easement Agreement with all the neighbors you need access from, ugly issues like yours inevitably arise.  A “flag pole” lot is a Servient Tenement which provides the easement over it, preferably recorded.  Carmen’s lot is the Dominant Tenement benefiting from the easement over another’s property, the Servient Tenement.

An ethical and smart Realtor knows and willingly follows the adage, “When in doubt, disclose.”  Furthermore, under NRS 645 and the Realtor Code of Ethics, your Nevada licensed Realtor had a duty to you, and to disclose to you, what he knows, and what he should know as a real estate licensee.

Your Realtor should have known and fully disclosed to you that there was or wasn’t a recorded agreement on your neighbor’s properties for you to cross onto their properties in order to drive to the back of your property.  A prescriptive easement might be successfully forced in a costly quiet title lawsuit against your neighbors.

Professor Alexandra, however, recommends you first write down what it is you want.  If it is just access to your property by crossing onto or over another’s property, then write that down.  Then spell out how, when and where you want that access onto or over another’s property.  That is known as an easement.  Then, talk with your neighbors about why you want the access/easement.  Tell these neighbors all the reasons you wrote here.  Then how, when and where. access onto or over their property.  If that isn’t going as well as you’d like, there are free mediation services that will help you out in talking to your neighbors.

Once your agreement/easement is worked out, any title company in town can give you for free the APN (Assessor’s Parcel Number) and legal description of the all properties you will have the easements from.  Put all those APNs and legal descriptions on your Easement Agreement.  You can then have a lawyer review it for an arm and a leg from you.  Then get your Easement Agreement signed by and notarized for all parties to the agreement.  Title companies all have notaries.  Then make a copy of your Easement Agreement and take both to the Washoe County Recorder’s Office who will record the original for a fee and conform the copy for free.  Make sure your Easement Agreement has at minimum 1” margins all around each page or the county has large fees per page they charge you.

This Chad Jones’ Realtor should also have disclosed to Jones about the effects of a flag-pole lot without a recorded Easement Agreement against it.  So this Chad Jones should sue his Realtor rather than hassling you.  This Chad Jones also reads like a jerk, and not the brightest bulb in the pack.  He move in and immediately starts a fight with his neighbors.  That’s just a dumb bully.

Craig

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By Joan Westin on March 09, 2009 at 04:14 pm

Rose, are you chasing your clients away?

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By Craig B on March 09, 2009 at 08:36 pm

Hey, groovy thanks Joan!  I believe that consumers are due that courtesy of knowing the truth as Consumers are Less Likely to Keep Their Opinions to Themselves.

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By Craig B on April 06, 2009 at 09:04 pm

Carmen, according to the Washoe County Recorder, one Chad Jones has not one but two foreclosures in their records.  One on 12/14/06 and another on 1/30/07.  Karma is such a  groovy thing.  Carmen, are you sure your Chad Jones is even the owner? 

Ok, although I cite all my sources, and 99% of them are from the public records, since the legal threats, none of which have materialized, I found another site, sadly Broo doesn’t have this ability in its comments to upload jpeg.  This site is where I have been uploading the supporting documents I have found or been provided for each of my exposes.

Of course, www.washoecounty.us/recorder, then go to Online Records Search, then EagleWeb, is still a Groovy Treasure Trove.

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By Just Average Joe on April 13, 2009 at 03:30 pm

I an honest & ethical Reno Realtor who is mad as hell when this site was brought to my attention. Mad not at the exposes, kudos for that, but mad at these few people in my industry that give the vast majority of us who are honest and ethical, a bad name. How in hell do I legitimately compete against what I've been reading here?  What an idiot and incompetent this Rose Newman is. 

According to the Nevada Real Estate Division’s (NRED) own publications, and the Nevada Supreme Court @ http://red.state.nv.us/publications/law-reference/Ch%20II.pdf, "THE PURPOSE OF REAL ESTATE LICENSURE IS TO BAR THE DISHONEST OR INCOMPETENT FROM ENTRY INTO THIS OCCUPATION." These real estate licensees mentioned here have repeatedly demonstrated they are dishonest and or incompetent. Good riddance asap to them.

According to the Nevada Real Estate Division’s (NRED) own publications:

Whether acting as a principal or an agent, a licensee has a duty to all parties NOT to be deceitful, fraudulent or dishonest. 38

Deceit is the act of intentionally or recklessly giving a false impression or statement, so that another person will rely on it. It includes any conviction involving bad faith, dishonesty, a lack of integrity, or moral turpitude. 39 Dishonesty is the act of not telling the truth. In other words,

THE LICENSEE MUST AT ALL TIMES BE HONEST.

Webster’s defines honesty as “adherence to the facts.”

Licensee’s Personal Affairs: The duty of honesty extends past the licensee’s business activities and into his or her personal affairs. Nevada’s Supreme: “Moral turpitude” is conduct contrary to justice, honesty, or morality and includes offenses involving fraud, breach of trust, perjury and intentional dishonesty for personal gain. State Bar of Nevada v. Claiborne, 104 Nev. 115, 756 P.2d 464 (1988). See also RED Open House, Fall 2007, page 3.

THE LICENSEE’S DUTY OF HONESTY INCLUDES THE DUTY TO DEAL FAIRLY WITH ALL PARTIES TO A TRANSACTION, NOT JUST THE CLIENT. 49

Licensee’s Personal Affairs: The duty of honesty extends past the licensee’s business activities and into his or her personal affairs. Nevada’s Supreme Court found, [t]here can be no justification of an interpretation of the licensing act which would allow a broker to be honest as a broker and dishonest as a property owner. A broker who is dishonest or incompetent in the real estate activities in which he is involved as owner, is not likely to be honest or competent in his activities which are purely brokerage in nature. THE PURPOSE OF REAL ESTATE LICENSURE IS TO BAR THE DISHONEST OR INCOMPETENT FROM ENTRY INTO THIS OCCUPATION. ‘We believe that a single standard of honesty and competency should guide a broker’s real estate activities whether performing as broker or owner.’ 40

A licensee has the duty of absolute fidelity to the client’s interests. 5 ABSOLUTE FIDELITY MEANS A LICENSEE MUST PUT THE CLIENT’S INTERESTS AHEAD OF THE LICENSEE’S INTEREST. A licensee “will not be permitted to pervert his authority to his own personal gain in severe hostility to the interest of his principal.”

http://red.state.nv.us/publications/law-reference/Ch%20II.pdf

With our home values dropping a shocking 2% a month, I have found myself swallowed up by the greedy fraud leviathan.  As part of that greedy fraud leviathan, yes, Remcor Realty is a company whose Broker and agents ought to be in prison for the rest of their lives, along with their co-conspirators.  For years Remcor’s taught real estate classes at the real estate board.  Mortgage and real estate fraud was regularly taught in these classes.  This clause Allan Zane/Remcor wrote into the Hanneman’s contract, that “the lender is not to be told” is common practice.  It’s known as a wrap-around mortgage.  And it is illegal and unethical.  Remcor, Magi Bird and Remcor’s agents proudly don’t care about illegal and unethical.  They very self-satisfiedly teach “that anything goes as the odds of getting caught are slim to none, and when caught, no one does anything about it anyway.”

Something Prudential Nevada’ Realty’s Valerie Mapes, Michael Reynolds, Keith W. Gledhill, First American Title, First Centennial Title, Jenna Kay Clark, and way too many others whole-heartedly embraced and arrogantly echoed.

By “no one” Remcor Realty means the Board, MLS, the Real Estate Division, the Mortgage Lending Division, the police, the Washoe County Sheriff, the District Attorney, the Attorney General, investigators, the judges – both state and Federal, the Federal attorneys, the IRS, and the FBI.  The thought is willful ignorance, incompetence and corruption - they took a bribe.

Escrow officers/managers know wrap-around mortgages are illegal and unethical.  Title officers/managers know wrap-around mortgages are illegal and unethical.  Loan/Note Servicers, like local Evergreen, know wrap-around mortgages are illegal and unethical. Real estate agents know wrap-around mortgages are illegal and unethical.  Loan officers/managers know wrap-a-round mortgages are illegal and unethical.  The Real Estate Division and Mortgage Lending Division know wrap-around mortgages are illegal and unethical. TMCC real estate instructor and lawyer Ben C. Scheible knows wrap-around mortgages are illegal and unethical.  Real estate instructors and lawyers know wrap-around mortgages are illegal and unethical.  Accountants and tax preparers know wrap-around mortgages are illegal and unethical. Investigators know wrap--round mortgages are illegal and unethical.  Law enforcement knows wrap-around mortgages are illegal and unethical.  Yet, too many either do wrap-around mortgages, are involved in or with them (criminal conspiracy - RICO), and/or teach them.

Not everything Remcor taught was/is illegal and unethical.  Another idea Remcor taught was to always file your own Prophylactic Deed of Trust against your property(s).  Their reasons for doing so were two.  One was to prevent a version of Identity Theft where the fraudster sold or refinanced your real property out from under you.  By filing your Prophylactic Deed of Trust that means that escrow would send you its Beneficiary Statement when a conveyance or refinance was happening.  That is a very big and important notification if a conveyance or refinance was happening if you hadn’t known of and approved of either.  Conveyance includes these fraudulent foreclosure notices written here about, these notices from a party with no authority to foreclose.

Title/escrow knew about these and once a Prophylactic Deed of Trust was identified as a Prophylactic Deed of Trust, title/escrow just routinely required the Prophylactic Deed of Trust be removed at close of escrow.  So Prophylactic Deed of Trust’s Deed of Reconveyance was routinely filed with the other Deed of Reconveyances, followed by the new Deed(s) of Trust, often including a new Prophylactic Deed of Trust.

The other version was/is of course the illegal and unethical wrap-around mortgage.  An illegal and unethical wrap-around mortgage is a Deed of Trust masquerading as a legal and ethical Prophylactic Deed of Trust.

This illegal and unethical wrap-around mortgage’s Deed of Trust masquerading as a Prophylactic Deed of Trust is being aggressively taught by Remcor to real estate agents, escrow officers/managers, title officers/managers, lawyers, investigators, judges, accountants, tax preparers, and law enforcement.

Wrap-around mortgages are the center piece of Remcor’s strategy in this down market where 85 to 90% of the MLS is properties either in foreclosure or bank owned.  Remcor relentlessly pursues other real estate offices to teach this.  They have a network of existing co-conspirators they are always looking to aggressively expand.  Their hook is money.  Title, escrow, lawyers, real estate agents, loan officers, appraisers, accountants, tax preparers, and sellers all get paid off this wrap-around mortgages when so many aren’t since this collapse.      

Don’t think the mortgage and real estate fraud has gone away because the housing market collapsed.  On the contrary.  Remcor Realty, among too many others, is always aggressively seeking and proselytizing newer and better fraud in the desperate pursuit of money in bad times, and more money for the greedy sake of money in good times.

My Broker says our Code of Ethics prohibits us from doing anything.  Oh I can blog it here under a blog name, but that’s it.  I think NRS 645 and our Code of Ethics does require us as real estate agents and Realtors to turn in these fraudsters.  My Broker says different.  I am forced to join in with the fraud in order to survive.  I am forced to participate in order to compete and make money.  I am forced to keep silent with my buyers and sellers.

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By Craig B on May 07, 2009 at 04:54 pm

Joe, groovy that you've found a way (blogging) around the silence imposed by your Broker.  Got a new Broker yet?  Or better yet, become a Broker and opened your own company.

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By Carol Young on May 14, 2009 at 04:52 pm

Speaking of bizarre -

Speaking of Reno lawyers, judges and their bizarre antics, Michael Cirac of 245 E Liberty, Reno, Nev 89501 wrote a RGJ article wrote about landlords needing to take immediate action, including notice and eviction, against tenants when landlords receive violation letters from HOA Boards of Directors. Our landlord received one about us. Our landlord gave us a copy of that violation letter with a written reminder, cc’d to the Sky Vista HOA, that our lease had that we are to follow the Sky Vista HOA CC&Rs and Rules & Regulations.

The Sky Vista HOA Board of Directors letter of violation to our landlord was puzzling to us for several reasons.

According to the Washoe County Recorder’s public records, the Washoe County School District owns a 32 acre vacant parcel behind out home in Sky Vista. The Washoe County School District has proven they are not a responsible, nice or caring neighbor.

This Washoe County School District school owned vacant parcel is not maintained.

This Washoe County School District school owned vacant parcel is not policed.

This Washoe County School District school owned vacant parcel is a fire hazard with its vast overgrowth of weeds and trash.

This Washoe County School District school owned vacant parcel is a magnet for illegal and very loud and fast motor bikes, ATVs, snowmobiles, etc., most without spark arresters.

Vehicles are driven through this Washoe County School District school owned vacant parcel to park (hide them) in the backyards of houses surrounding it.

This Washoe County School District school owned vacant parcel is used as a dump for various forms of refuse.

This Washoe County School District school owned vacant parcel is an attractive nuisance.

This Washoe County School District school owned vacant parcel invites pedophiles as there are very young children who play there unsupervised among the refuse.

The motor bikes, ATVs and snowmobiles are a noise violation of the State and City Noise Ordinances.

The Sky Vista Homeowners Association manager, Randy at Truckee Meadows told us to call the Reno Police. The Reno Police told us to call the property owner. The property owner turned out to be the Washoe County School District. The Washoe County School District referred us to the Washoe County School District Police. We were treated rudely by the Washoe County School District police who demanded to know why we were calling them about this vacant parcel the Washoe County School District owns. The Washoe County School District refused to come out or do anything about this Washoe County School District owned parcel. Finally the Sergeant hung up on us.

Then we called back to the Washoe County School District but were ignored by the Washoe County School District Superintendent who never did return our calls. The Washoe County School District IS Not A Caring Neighbor.

There are hundreds of HOA CC&Rs and Rules & Regulations violations we see going on, many for several years. What we were cited for wasn’t even us, but the parcel behind us on the other side of the backyard fence. The one owned by the Washoe County School District that we had ourselves been complaining about. So the complaint about us is wrong, unequal treatment, a civil rights violation. Unequal treatment is violations of the United States Constitution, Article 14, and Nevada Revised Statutes, NRS 119.

The Sky Vista HOA’s letter is also harassment, further Nevada Revised Statutes violations. Civil rights violations, unequal treatment and harassment (and the defamation below) are commissions of behavior not covered by Sky Vista Director’s and Officer’s E & O (Errors & Omissions) Insurance. Therefor the Board members and officers are personally liable. They are also Nevada Revised Statutes, NRS 645, violations by the management company who is required to have a Nevada real estate license and property management permit. If the management company is also a Realtor, they are also violations of the Realtor’s Code of Ethics.

Publicizing false statements is per se defamation, a common law violation. The Sky Vista HOA Board of Directors and its management company refused to disclose who the witness was who actually saw the alleged violation. The Sky Vista HOA cited the CC&Rs and Rules that they don’t have to, violations again of the US Constitution, this time the part which guarantees our right to confront our accuser.

The Sky Vista HOA refused to acknowledge the hundreds of existing violations we brought to their attention in pictures, video, digital camera and witness statements.

We instructed in writing that the landlord, Sky Vista HOA Board of Directors and its management company were to immediately cease and desist in their violation of our civil rights, harassment of us and their publication of lies about us which is per se defamation. The Sky Vista HOA Board of Directors then had their attorney, Gayle Kern, cite the landlord and threaten the landlord with foreclosure if the landlord did not evict us, just like Reno lawyer Michael Cirac wrote in his article they were to do.

Add to this Sky Vista HOA’s civil rights violations, unequal treatment, harassment and defamation and refusal to disclose accuser, to the continuing negative publicity about this Sky Vista HOA in general, well all that has given this Sky Vista HOA the distinction of having the highest continuing drop in home values in Washoe County.

The City of Sparks has Maintenance Districts they charge every quarter to maintain the common areas in comparable housing where there are CC&Rs but no HOA, Board or management company. Paid with the real estate taxes so tax deductible. Since this Sky Vista HOA inexplicably charges way more a quarter, not tax deductible, the extra dollars a quarter is going to what?

A management company and attorney is not needed. Especially since the City of Reno has a fine Code Enforcement Department homeowners already pay for through deductible property taxes. Setting up a Maintenance District with the City of Reno and dissolving this Sky Vista association and board would eliminate a class action lawsuit for breach of this Sky Vista board’s and management company’s fiduciary duties in unnecessary fees charged and loss of property value as well as the civil rights violations, unequal treatment, harassment and defamation.

The result was we went after the landlord, the Sky Vista HOA Board of Directors, the Board members individually, and its management company for violations of our civil rights, unequal treatment, harassment and defamation. We easily won in mediation. The Sky Vista HOA was assessed the vast majority of our award.

So the Sky Vista HOA then turned around and dumped that on the landlord. The landlord went to foreclosure/bankruptcy as they had to take a second out against the property to pay us their share of our award and now owe more than the property’s worth since home values have gone down and continue to do so, and the landlord can’t make the payments as they lost their tenant because the Sky Vista HOA illegally forced us out. The Sky Vista HOA went after the landlord who has stopped making the Sky Vista HOA dues as the landlord feels the Sky Vista HOA illegally forced (black mailed) the landlord against the tenant.

Reno lawyer Michael Cirac’s article turned out to be wrong as we easily won enough in mediation to pay cash to buy our own home in Sparks which we have since bought years ago when all this happened and moved in to with enough left over to nicely furnish it, all with no attorney.

It was a real mess. Keep up the wrong work Reno lawyer Michael Cirac.

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By Just Average Joe on June 13, 2009 at 03:01 pm

@ Craig - I'm already a Broker.  I'm giving a lot of thought to the merits and negatives of a big brokerage, where I'm at now, versus going out on my own.

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By Morgana on June 24, 2009 at 04:33 pm

Joe, my question is how does a good person as you present yourself live and work under circumstances that are not good as you portray your broker is imposing?

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By Craig B on November 30, 2009 at 08:37 pm

My book Reno Exposes – Bizarre Realtors Among Us, a compilation from BrooWaha, is doing just peachy fine. Check out https://www.smashwords.com/books/view/5677

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