Groovy Stuff: Heroes Among Us, Deb Broch

Monday, March 2, 2009

Heroes Among Us, Deb Broch

When it turn out that diamonds aren’t forever and your Realtor is a potato chip driver.

In Foreclosure? Realtor Lied You Into That House? Who Ya Gonna Blame For The Housing Bust? EXCLUSIVE! Read about it in the Reno BrooWaha. Who Ya Gonna Call? FraudBusters. The stories just keep steadily coming in.
In summer 2005, Bruce Abbot was a real estate salesman licensed with Desert Diamonds Realty. Lindsy Gaffke was a sales manager and real estate broker-salesperson then also licensed with Desert Diamonds Realty. Phil Sunseri was, and remains, the Broker-Owner of Desert Diamonds Realty .

Mr. Abbot has been for several years, and remains, a full-time driver with Frito-Lay. His truck is seen often around town. It is a very large white one with the enormous Frito-Lay logo on it. Mr. Abbot is “the walking cadaver driving it,” as one source described him.

Ms. Gaffke was attempting to help a client Mr. Abbot had made several NRS 645 and Realtors Code of Ethics violations with. However, Ms. Gaffke was unable to find Mr. Abbot’s files. He is legally required to keep all his files at the Desert Diamonds Realty office per NRS 645.300 and .6345. Nor was she able to find Mr. Abbot – for several days. Therefore, Mr. Sunseri failed in his legally required duty to supervise Mr. Abbot per NRS 645.600.
A few days later, when Mr. Abbot surfaced, he told Ms. Gaffke that he “just didn’t want to drive all the way out, and Phil (his Broker) is on the Ethics Committee (of Reno-Sparks Association of Realtors), so nothing’s gonna happen anyway.” Mr. Abbot told Ms. Scott he is “just too depressed.”

Mr. Sunseri inexplicably then called Debra Broch, head of National City Mortgage in Northern Nevada. He made that call because his client was approved for a home loan there. However, there was no business purpose to his phone call. Instead, it was to get his client in trouble and threaten National City. Mr. Sunseri’s call was a NRS 645 violation and a Realtors Code of Ethics violation. In that call Mr. Sunseri illegally disclosed confidential information relating to his client, that they had made a complaint against his agent. That was a violation of the one-year law. For one-year, Desert Diamonds Realty is not disclose anything unless with the required order of a court of competent jurisdiction, or the required written permission of their client. Mr. Sunseri and Desert Diamonds had neither. The result was their NRS 645.254 violations.

Desert Diamonds failed to protect and promote as legally and ethically required to do so, their client’s interests. The result was Desert Diamonds breached their legal and ethical requirements of absolute fidelity to their client’s interests and failed to exercise reasonable care, NRS 645.605 violations.

Mr. Sunseri then threatened to withdraw all of his company’s loan business and would not allow any of his agents to use, or let their clients use, National City Mortgage for their home loans. That is per se blackmail, odious extortion, using an economic threat enormously damaging to National City Mortgage. It is a willful disregard of social duty. It is a Realtors Code of Ethics violation per Standard of Practice 14-3. It is illegal under RESPA to steer a client to or away from a lender, home inspector, etc., as it is an illegal kickback.

To Ms. Broch’s credit, (our Hero Among Us) she refused to bow in to Mr. Sunseri (a Bully Among Us). She correctly cited his illegal and unethical demands would cause her and her company to breach her/their fiduciary duties to not only this client but all of National City Mortgage’s loan clients. Something that just did not matter to Prudential Nevada Realty’s Broker, Valerie Mapes , when earlier she made the same threat to Rick Vaughan and Beverly Stewart with Wells Fargo. Nor did it matter to Vaughan and Stewart as they did corruptly bow in to Ms. Mapes’ threat, maliciously breaching their fiduciary duties to all of Wells Fargo’s loan clients.

Mr. Abbot’s is still, inexplicably, with Frito-Lay although they have known for years that he overtly does his real estate dealings on their time with their truck.

Sources are the Nevada Real Estate Division (NRED) complaint; National City Mortgage, Desert Diamonds Realty, Founders Title, and Multiple Listing Service documents; and Nora Scott, Bruce Abbot, Lindsy Gaffke, Ted Miller, and Debra Broch; and NRS 193.013 “Corrupt, import a wrongful desire to acquire or cause some pecuniary or other advantage to himself or another person, by the person to whom applicable.” NRS 193.0175 “Malice, import with an evil intent, wish or design to vex, annoy or injure another person. Malice may be inferred from an act done in willful disregard of the rights of another or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.”

The graphic is from E-Pins.com

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Consumers are Less Likely to Keep Their Opinions to Themselves

Everyday consumers of goods and services now have the Internet to describe their experiences with businesses and those businesses’ employees.

Government executives, administrators and all government employees, businesses, both non-profit and profit, legal and not legal, and every single one of their owners and employees, and all religious participants are ever increasingly more vulnerable to exposure, and accountability.

Consumers have become bolder that their payment means total accountability for what consumers paid for. Consumers are less likely to keep to their place, do as they’re told and keep their opinions to themselves.

Today’s governments, businesses or religions that dismiss or ignore consumers do so at their own risk. The Internet is free at public libraries, free at many businesses and free to anyone that wants to crawl on to it from a nearby wireless connection. Consumers of these goods and services more often than not relate bad experiences over good experiences. Exercising their freedom of speech rights where legal and illegal in other countries, they not only spell out and link the offending business’ name and location, but also the offending employees and/or owner’s names and locations. They spell out in great detail, and link with supporting documentation, their complaints.

I am glad to see “Gone are the days where settings from Auschwitz to Abu Ghraib contaminated in isolation both superiors and subordinates.” I am glad “the Internet is real-time exposure forcing attention, and repercussions.” I am glad “The result has been an increase in holding others accountable, just saying no and exposes.”Governments, schools, teachers, businesses, attorneys, judges, Realtors, home loan lenders, doctors, mechanics, hospitals, religions, etc. should be “relentlessly interviewed, closely monitored, increasingly resisted, and constantly scrutinized.”

“Online exposes and nastiness” happen for a reason.

Reasons like bad customer service or injustice. “As the realization sinks in that the Internet is also a real time conduit of ones’ reputation,” customer service will be deliberately forced to get only better.I have come to the recent conclusion that the Internet has made the Better Business Bureau a dinosaur. The BBB does not publish what the complaint is, and without that, the complaint is useless. Complaints made to the BBB about businesses not providing goods and services as advertised or legally required, bar associations about lawyers lying and taking client’s money but not doing what they were paid to do, Realtor associations about Realtors clearly violating written ethics rules, ethics committees, commissions, etc. should not be private. Instead, all should be public.

That’s another reason why there is an increase on the Internet of complaints and exposes. Too often, ranks have closed in around an offending member and protected them rather than hold them accountable. Or worse, the accused makes threats against the complaintant and witnesses, or bribes are offered by the accused and accepted by the investigator(s), prosecutors and/or judges.

The Internet is the medium to not only expose the offending member, but also these cover ups by those paid to investigate, judge and punish offenders.Public records are public to protect the public. That’s why our publicly elected officials voting records are public. That’s why publicly elected officials can only have public meetings “putting their opinions and conclusions easily available to everyone.” That’s why all complaints, investigations and outcomes should be public.

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

HOWEVER, "Government is instituted for the common good; for the protection, safety, prosperity, and happiness of the people; and not for profit, honor, or private interest of any one man, family, or class of men; therefore, the people alone have an incontestable, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it."

John Adams, (2nd President of the United States of America), 1776 (Thoughts on Government)

Groovy Stuff

Monday, March 2, 2009

Heroes Among Us, Deb Broch

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Consumers are Less Likely to Keep Their Opinions to Themselves

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