Like anyone, I occasionally have to drive places, and like anyone, I occasionally get tired of listening to sports talk radio and see what else might be on. That's how, this past Sunday, I came to be listening to "Handle On The Law," an am-talk radio show that airs at a variety of times on stations.
And that's how I came to hear Handel give a major piece of misinformation -- or potential misinformation-- to a caller who asked a question I deal with every day: Is a short sale or foreclosure better?
The called called up, got Handel on the phone, and asked just that: "Is a short sale or foreclosure better?" Handel then mentioned some possible tax issues with a short sale but decided that a short sale was better than foreclosure.
That's what he told her.
And it literally took less time for that call than for me to type it up.
Here's the problem with what happened as I listened in surprise:
First, Handel had no information. NONE. Not a single bit of information. He didn't know what type of property it was, how long the woman had held it, who else lived in it, whether she had tenants or if it was a residence... nothing. Nada. Zip. Zilch. (With me so far?)
He didn't know what state she lived in. He didn't know what her income situation was. He didn't know what her credit situation was. He didn't know anything.
Second, Handel purports to give advice -- he says so himself, right on his website:
Bill definitely knows his way around our wacky American legal system, and with a quick wit and razor sharp tongue, offers up advice to countless callers on a weekly basis... [Says Bill]:
"Handel on the Law began broadcasting in 1985. I enjoy it more today than the day I started. Abusing callers, giving marginal legal advice and telling callers where to go is still probably the most enjoyable thing I do other than having intimate moments with my wife...No...It is the most enjoyable thing I do."
Calling it "marginal" doesn't make it okay, and I'm not aware of a single state that lets you practice law in that state without being admitted to the bar. Some states make giving legal advice without being admitted to the bar a criminal matter. Handel doesn't claim he's providing entertainment, or some such: He specifically says that he gives advice to people.
So he gave that woman advice on her legal issue without knowing anything about her, and without knowing whether he could legally practice law in that state.
Third, what are Handel's qualifications to advise anyone on short sale vs. foreclosure? His website says that he was #1 in the morning drive-time radio... and that he "provided legal counsel for several hundred cases of third party reproduction." He has also, according to his site, gotten a law degree and "been an adjunct professor of Law at Whittier College School of Law where he taught "Legal Aspects of Reproduction Technology."
All of which doesn't tell you anything about his knowledge of foreclosures vs. short sale, and he may have greatly, greatly harmed that woman who called in: A short sale, getting the lender to agree to accept as full satisfaction of a debt whatever amount a buyer is offering, might have serious tax consequences for the woman. A short sale might force the woman to pay a commission or closing costs, reducing the amount of money the lender will get and thereby increasing the tax consequences. Agreeing to a short sale might also deprive the woman of any legal or equitable defenses to a foreclosure that she might have, defenses that can limit or defeat a foreclosure entirely. She would get to live in or use the property pending foreclosures in some cases. And that's all not considering whether she would be eligible for one of the federal programs to help modify loans, or any comparable in-house or state programs.
Handel doesn't purport to offer entertainment; he claims to offer advice, and his advice in this situation was negligent and may well have been malpractice.
If you want to listen the radio, try Dan Patrick. If you want legal advice, call a real lawyer, not some radio huckster who'll screw up your case and play it for laughs.
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