b'Stricktly StricklandPamela J. StricklandCalifornia Compliance ConsultingBe Careful What You Say and How You Say It.Choose Your Words Carefully!T he most common way of interactingthis is an over-the-top example, it is thedoesnt show enough income.Create a with clients in this day and age istype of thing that without thinking itnew lease that shows an additional $500 through e-mails, especially as wethrough (and being incredibly stupid, toa month and shred the other one.navigate business dealings in the age ofboot) can get you in a world of hurt.COVID.It is incredibly important that inI know that these examples seem far-each communication our words are chosenIn another instance, the broker neededfetched and you are sitting there thinking carefully. a Profit and Loss statement from theWho would do something like this? but borrower.He sent an e-mail to theI need for you to think about things you When the DRE requests copies of filesborrower asking him to make one up andmight write that could be misconstrued.during an investigation or audit, they asksend it to him ASAP.The broker was merely for all e-mails, letters and conversation logsasking the borrower to prepare a bonaThe following tips regarding e-mail related to the transaction(s).Many timesfide and accurate statement for inclusioncommunications are from Setliff Law in Im contacted by brokers and attorneys toin the loan file, but several years later whenGlen Allen, Virginia, and are worthy of your review files before submission to the DREthe loan was part of a lawsuit brought byattention and adherence.and Im often shocked by the content andthe borrowers heirs they claimed that how the licensee didnt think it throughthe broker instructed the borrower to1.E-mail Messages Are before writing it down. make a false P&L.Once the DRE startedBusiness Records.to investigate (after the borrowers heirsMr. Setliff suggests that you remind Several years ago I was hired by an attorneyreported the broker to the DRE), the firstemployees in your company e-mail to review a file in which the borrower wasquestion from the DRE Special Investigatorpolicy (and, yes, you should have a claiming that the broker had discriminatedwas During the loan process or refinance,written e-mail policy!) that e-mail due to race.Even though there wasdid you ever instruct the borrower to makemessages are official business records nothing in the evidence to show that therea false profit and loss statement?If so,subject to corporate retention was racial enmity, the conversation logexplain in detail. requirements and discovery.Further, had this entry from the loan officer to thehe writes, that you remind employees processor: This borrower is a real bitch.In still another case, the loan officerthat all e-mail communications, Charge her 2 points instead of 1 point.Inblatantly wrote in the conversation log inincluding internal e-mail communi-plain language, this was in the conversationan instruction to the processor The rental log that was a part of the file.Even thoughagreement provided by the borrowercontinued on page 29Page 28 Spring 2021'