2010 Sales Trends

Innovative concepts begin during times of dramatic change. The new year will provide interesting opportunities to an extent that sales professionals have not experienced since the 1980s, contends Drew Stevens, PhD, a leading sales expert and author of Split Second Selling. “We are moving toward a pre-boom economy, and selling professionals and managers will need to be more efficient and more productive next year,” he explains. Here are some of the areas that will be affected:

1. Lead generation. Although technology has helped with lead generation efforts, conversion rates have not increased. Selling professionals and marketing departments must collaborate for better target market optimization. Simply put, make every effort to convert more leads.

2. Customer service. Studies show that 45% of all customer interaction involves customer service, but customer service has been sacrificed in many organizations. Selling professionals must focus more on their most vital asset — the customer — to ensure business success.

3. Better hiring. The days of placing butts in seats to fill a void are gone. In the coming year, to help increase margins, more pressure will be placed on sales managers to find the right talent.

4. Preparation. Thanks to the Internet, customers have access to as much information as sales professionals. It’s vital that all sellers be prepared for every customer interaction. Reading annual reports, keeping up with the news, and having a prepared list of value questions will aid every call.

5. Value. We are in a knowledge economy. Selling professionals must provide value by converting the information they have into knowledge, for the benefit of the customer.

6. Process. Most selling professionals do not have a process to build customer relationships and close business. In 2010, it’s necessary for sellers to gain the knowledge necessary to build trust and close business more efficiently. Sales professionals must also be better prepared and better educated. The days of “anyone can sell” have ended.

7. Training. Gone are the days of sitting in a classroom for eight hours expecting a return on that investment. Managers and business professionals do not have the time and, quite frankly, event-based training doesn’t work. With the movement of selling as a profession, companies will remove themselves from education and desire that individuals take ownership of their job.

Where's the note?

The following is a re-publication of an blog post that may be of use to real estate agents and homeowners trying to fend off foreclosure. It was originally written by Rick D. Misitano, Senior Paralegal, Law Offices of James M. Bosco & Associates, Methuen, Massachusetts.

I have not spoken to Rick or to a real estate attorney practicing in California about this defense. But as a homeowner or agent representing a homeowner in this situation, it bears following up. If you don't know a real estate attorney in Silicon Valley, please let me know. I can refer someone to you.

Text as follows:

"When a lender can’t produce the original note, allowing a foreclosure to proceed puts the homeowner at risk of owing that debt again to another party in the future. Therefore, great caution must be taken before a judge can allow someone who can’t produce the original note to cash in on your home.

What if Your Lender CAN’T Produce the Note?

So, what happens when the lender tells the Court it can’t produce the original note, because it is lost? Let’s start with the basics. If a lender wants to foreclose on a property, it has to be able to show that it is, in fact, the appropriate person to whom the money is owed. That right to foreclose belongs ONLY to the person who has legitimate POSSESSION OF THE ORIGINAL NOTE - not a copy, not an electronic entry, but the original note itself with the original signature of the person(s) who allegedly owes the money along with appropriate raised notary seal and signature. So, if you are faced with a foreclosure, you have every right to demand that the person or entity trying to take your property, first prove to the Court that they have the legal right do to so in the first place by proving they have legal possession of the original promissory note.

In my opinion, an original mortgage note is much like legal tender and should be guarded and protected as such by the person holding such an asset. Loosing an original mortgage note is like loosing a $100 bill or a gift card or a lottery ticket. What if I scratched that million dollar ticket and just stuck it somewhere and misplaced it? Do you think I could just show up at lottery headquarters and claim my prize without having the winning ticket? The same principle applies to the person or entity claiming to be the legal holder of an original mortgage note. He who holds the note holds the key.

What the Lender Must Do
What often happens, however, is that the lender claims it doesn’t have the original note, because that note has been lost or destroyed. If the lender is making such a claim, the law requires the lender to prove all of the following under the “Uniform Commercial Code”, which is a set of laws governing commercial transactions that many states have adopted. It contains a specific provision on this subject (Section 3-309) which states that a person can enforce a promissory note without having the original, BUT only under certain limited circumstances.

1. The person or entity has to swear and attest that it no longer has the original note;
2. The person or entity has to prove that it was properly in possession of the note and was entitled to enforce it WHEN it lost possession of the note;
3. The person or entity has to prove it didn’t “lose” possession simply because it transferred the note to someone else (i.e., it’s not really lost); and
4. The person or entity has to prove that it cannot produce the original note because the instrument was destroyed or its whereabouts cannot be determined or it was stolen by someone who had no right to it.

All of these matters have to be definitively proven by the person or entity trying to foreclose on the property. It is not the obligation of the borrower to prove or disprove any of this. The borrower can challenge the right of the person or entity trying to foreclose and demand proof.

The Court’s Important Role
It is up to the Court to determine whether the lender has satisfactorily proven why it no longer can produce the original note. The Court also has to be satisfied that when the original note was lost, the person trying to foreclose on the property had possession of the note at the time it was lost. Until the Court has been satisfied of all of this, the foreclosure cannot proceed.

It is also important for the Court itself to understand that this issue is not merely a “technicality” and the judge should not be satisfied with anything less than full proof of this issue. The Court itself needs to appreciate the fact that if it should agree that an original note has been legitimately lost (and allows the foreclosure to proceed) it is the borrower who is still at risk.

Why? Because incredibly, even if a Court has found that the original note is lost and the foreclosure sale is finalized, if someone later turns up with the original note and proves that it is the proper holder of the note, and not the person who foreclosed on the property, the original borrower is STILL LIABLE.

That’s right. Someone took your home and the Court allowed it because it believed that the lender proved that the note was lost and it was the proper party. Then someone legitimate shows up in the future with the actual note and you still owe that person the money even though your property was taken with the blessing of the Court. Trust me, this is a very serious issue regarding post foreclosures and post pre-foreclosure short-sales. It has happened to three of our own clients! These homeowners had the need to sell their property by means of a negotiated short-sale (so they could avoid a foreclosure) only to find out that the entity claiming to have the legal right and authority to enter into such negotiations and accept such settlements sold their note to another entity and weren’t even aware of it. Several months later, the newly assigned lenders (now claiming to be the rightful owners of our client’s original notes) have since come forward and have also filed suite seeking to recover their entire outstanding principle balances owed to them (prior to the homeowners closing their short-sale transactions with the wrong note holders).

How fair is that?!?! It’s not! And that’s why homeowners need to start fighting back when someone is trying to take their home by foreclosure, especially since an overwhelming percentage of mortgages granted over the last 3 to 5 years have been packaged into securities and re-sold and re-assigned numerous times since the inception of the borrower's original note and mortgage. In some states, homeowners have better than a 50/50 chance of being successful in defending themselves against a completed foreclosure. Why wouldn’t anyone who owns a home do everything in their power to protect and defend it? "

I hope this article has helped. Let me know.

Best regards,

Jim Herrera

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Keeping It Up In a Down Market - Sales, that is

Salespeople are taking a beating in today’s economic environment. Entire market segments have evaporated. Customers and companies have no money to buy and are holding back orders. Sales lead generation opportunities are fewer and farther between. In 2008, many salespeople earned only half the commission they received in 2007.

But not all sales professionals are in a slump. Some are thriving. Some are busy generating leads, growing their client base, and making good money despite the uncertainty around them. And you can, too. Douglas Smith, a nationally recognized speaker and sales trainer, offers these four tips to boost your lead generation efforts.

Don’t wait for the climate to change.
The best salespeople take action and move forward. They recognize that the economy may be in this mess for years, and that waiting and watching is a poor strategy for success. The movers and shakers are setting up appointments, making sales calls and presentations, contacting their current and past customers, and marketing like never before. Their proactive approach is creating opportunities, leads, and sales. In boom times or bad, you can never wait for customers to find you. It’s your job to reach out and find them.

Work harder.
Top salespeople understand this age-old axiom: You can’t make more money with less effort. That’s why they are working harder and putting in more hours than ever before. Think about this: Arriving just 30 minutes earlier and staying 30 minutes later each day equates to an additional 20 hours every month. When you are working 20 hours more than the average salesperson, you can make at least 20 percent more contacts — and even 20 percent more sales.

Talk to the right people.
Some companies may want or need your product or service, but if they can’t make a decision or are constrained by shrinking budgets, it doesn’t matter. Successful salespeople are selective about where and with whom they spend their time. They are out looking for “real” buyers — customers and prospects who have both money and the ability to buy. Every minute you spend with an unqualified prospect is time not spent with a qualified one.

Make more contacts.
Customers are more cautious today, and they take more time making spending decisions. That means to land more sales, you have to make more contacts. When capture and conversion rates go down, to maintain a steady volume of business, your sales contacts have to go up.


Many thanks to Ken Beaulieu and Douglas Smith for the content for this post. If you have any comments, please feel free to add them below.

Enter the conversation!

Best to you,

Jim Herrera


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