Destin Florida Short Sales & Real Estate by Wendy Rulnick: December 2008

When I wrote "When is a Contract NOT a Contract?" it stirred up over 40 comments and some controversy.  The crux of the matter is that many Destin Florida listing agents are accepting more than one "primary" contract on a Short Sale listing.  There is a prevalent belief in the Emerald Coast real estate market and others, that a contract is "not" a contract despite being signed by both buyer and seller, until the bank approves the price and short sale. Thus, the thinking goes, the Short Sale seller is not truly obligated to the buyer who wrote the offer, and can simply sign multiple contracts with parity.  Because of this misconception, many buyer's agents also think release and cancellations are not needed when buyers "walk" prior to bank approval.  Also, the practice of accepting more than one "primary" offer is likely a disservice to sincere buyers who are subjected to auction-type handling of their offers.  There may be legal ramifications, as well.

I have since tracked down a definitive answer from the Florida Association of Realtors staff attorneys, as written in Florida Realtor Magazine, September 2008.  The following is from the Legal Q&A that appeared on page 9 of the magazine.  It clearly reinforces the fact that a Short Sale contract is a "contract" and that the seller should only sign another contract with a "Back-Up" clause attached.

Legal Hotline

Contracts
Q I have a fully executed FAR9 Residential Sale and Purchase Contract along with the FAR SSA-2 Short Sale Addendum to Purchase and Sale Contract. We are still within the time period in which the seller may obtain the lender's approval of the short sale, and now another buyer has made what is arguably a better offer. May the seller sign the second contract?

A The seller may sign a second contract but should do so only as a backup contract with the appropriate backup contract addendum attached. If using a FAR contract, use addendum P(1) from the FARA-9 Comprehensive Addendum. Of course, the FAR SSA-2 Short Sale Addendum should also be used.

Here is the link http://www.floridarealtors.org/FLRealtorMagazine/2008/September/0908LegalHotline.cfm

It's Wendy!

Wendy Rulnick, Broker, CRP, CRS, GRI, ABR     Rulnick Realty, Inc.

Search Destin FL real estate

Short Sale Pre Foreclosure Help.

Call toll-free 1-877-ITS-WNDY (1-877-487-9639) or local 850-650-7883 ext 204

Email itswendy@rulnickrealty.com

Wendy Rulnick specializes in real estate sales, short sales, traditional sales on Emerald Coast of Florida: Destin Florida real estate, Santa Rosa Beach, Fort Walton Beach, Niceville, Bluewater Bay, Navarre, Seagrove Beach, Watercolor, Sandestin, Seaside, Dune Allen, Blue Mountain Beach, Freeport, Rosemary Beach, Mary Esther, Shalimar, Eglin AFB, Hurlburt Field.   Wendy Rulnick, Broker and Realtor, has been selling real estate for almost 20 years.  She has won numerous awards, including the coveted ADDY for advertising design. An expert marketer of real estate listings, she also negotiates successfully to her buyers' and sellers' advantage. She is supported by a team of top buyer specialists. Wendy lists and sells homes, condos and townhomes in Destin Fl and the surrounding areas.  She was ranked in the top ½ percent of all Realtors on the Emerald Coast of Florida in 2008 for resale listings sold.

All Rights Reserved. "FLORIDA SHORT SALE CONTRACTS ARE "CONTRACTS" Contact Wendy Rulnick regarding Destin Florida real estate and vicinity. Copyright © 2008 by Wendy Rulnick.This site, Wendy Rulnick or Rulnick Realty, Inc. is not providing legal or tax advice.  The information provided is for educational and informational purposes only.  It is recommended that sellers considering a short sale should consult an independent legal and tax advisor for more information.

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Are you at a loss for words with the Short Sale lender?  Here are some questions to pose when you check in on your Short Sale transaction status.  Even if you've asked some of these questions before, you may want to ask them again, and repeat certain questions on each call.  Many times, you'll elicit a different answer or discover a problem that may help you get your approval more quickly.

1. Have you received our package?

2. Is anything missing from our package?

3. Has the loan been submitted as a short sale (or "referred" with Countrywide)?

4. Has a negotiator been assigned?

5. When will a negotiator be assigned?

6. How do you spell the negotiator's name?

7. What is the negotiator's email address?

8. What is the negotiator's direct number, extension or fax number?

9. Has an appraisal or broker price opinion been ordered?

10. Can you order the appraisal?

11. When will the appraisal be ordered?

12. Have you received the appraisal back yet?

13. Is the appraisal value within range?

14. Has the second mortgage been "serviced released"?  If so, who is the new servicer?

15. Is there MI (mortgage insurance) on the loan?

16. Is the loan Fannie Mae, etc?

17. Is your company delegated (authority to make decision on approval)?

18. Can you read me any notes on the file?

19. What was the last action taken on the file?

20. Would you email the negotiator for me?

21. Would you ring the negotiator for me?

22. Would you connect me with the supervisor?

It's Wendy!

Wendy Rulnick, Broker, CRP, CRS, GRI, ABR     Rulnick Realty, Inc.

Search Destin Florida real estate

Short Sale Pre Foreclosure Help.

Call toll-free 1-877-ITS-WNDY (1-877-487-9639) or local 850-650-7883 ext 204

Email itswendy@rulnickrealty.com

Wendy Rulnick specializes in real estate sales, short sales, traditional sales on Emerald Coast of Florida: Destin Florida real estate, Santa Rosa Beach, Fort Walton Beach, Niceville, Bluewater Bay, Navarre, Seagrove Beach, Watercolor, Sandestin, Seaside, Dune Allen, Blue Mountain Beach, Crestview, Freeport, Rosemary Beach, Mary Esther, Shalimar, Eglin AFB, Hurlburt Field.   Wendy Rulnick, Broker and Realtor, has been selling real estate for 20 years.  She has won numerous awards, including the coveted ADDY for advertising design. An expert marketer of real estate listings, she negotiates successfully to her clients' advantage. She is supported by a team of top buyer specialists. She lists and sells homes, condos and townhomes.

All Rights Reserved. *22 Questions To Ask The Short Sale Lender* Contact Wendy Rulnick regarding Destin Florida real estate and vicinity. Copyright © 2008 by Wendy Rulnick.

This site, Wendy Rulnick or Rulnick Realty, Inc. is not providing legal or tax advice.  The information provided is for educational and informational purposes only.  It is recommended that sellers considering a short sale should consult an independent legal and tax advisor for more information.

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In my experience selling short sales in the Destin-Fort Walton Beach, and Emerald Coast FL real estate market, the following lenders are honored with the "Worst Short Sale" lender awards of 2008:

#1 Peoples First - Florida's Community Bank - Denies Short Sale Despite Cancer Diagnosis

#2 Eglin Federal Credit Union - will not do Short Sales

#3 Whitney Bank - will not do Short Sales, but releases lien and seeks deficiency

#4 Vanderbilt Mortgage - claims will not do Short Sales, but will look at a price pulled out of the air

#5 RBC Centura:  Taking Cars in Short Sales?

#6 Countrywide and PMI Short Sales

#7 Ocwen/LCS Won't Budge

#8 Washington Mutual Won't Waiver

#9 Bank of America - Issues 2 Contradictory Approval Letters

#10 Aurora Loan Services - Won't Pay Closing Costs

It's Wendy!

Wendy Rulnick, Broker, CRP, CRS, GRI, ABR     Rulnick Realty, Inc.

Search Destin FL real estate

Short Sale Pre Foreclosure Help.

Call toll-free 1-877-ITS-WNDY (1-877-487-9639) or local 850-650-7883 ext 204

Email itswendy@rulnickrealty.com

Wendy Rulnick specializes in real estate sales, short sales, traditional sales on Emerald Coast of Florida: Destin Florida real estate, Santa Rosa Beach, Fort Walton Beach, Niceville, Bluewater Bay, Navarre, Seagrove Beach, Watercolor, Sandestin, Seaside, Dune Allen, Blue Mountain Beach, Crestview, Freeport, Rosemary Beach, Mary Esther, Shalimar, Eglin AFB, Hurlburt Field.   Wendy Rulnick, Broker and Realtor, has been selling real estate for 20 years.  She has won numerous awards, including the coveted ADDY for advertising design. An expert marketer of real estate listings, she negotiates successfully to her clients' advantage. She is supported by a team of top buyer specialists. She lists and sells homes, condos and townhomes.

All Rights Reserved. *"Top 10" Worst Short Sale Lenders Awards - 2008* Contact Wendy Rulnick regarding Destin FL real estate and vicinity. Copyright © 2008 by Wendy Rulnick.

This site, Wendy Rulnick or Rulnick Realty, Inc. is not providing legal or tax advice.  The information provided is for educational and informational purposes only.  It is recommended that sellers considering a short sale should consult an independent legal and tax advisor for more information.

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I am writing about a very disturbing short sale situation.  The property is a lot in Windswept Estates, a golf course community in Freeport, Florida.  The mortgage is held by Peoples First, "Florida's Community Bank".  After several months of price reductions on my seller's lot,  we finally got a short sale offer of $29,900- fair market value. The mortgage balance is $183,000. 

My seller's husband has just been diagnosed with kidney cancer, age 36.  She herself has lost about half of her income in the past year, as assistant to a financial advisor and another part time job.  Her charge card balance is around $60,000 - she used credit to keep making mortgage payments. She has struggled to make the interest-only payments on the lot - around $800 a month- as her partner, a real estate agent, has little income to contribute. 

When my seller found out about her husband's kidney cancer about a month ago, she stopped payment on the check she had sent to the bank. Peoples First called her when they received notice and left a voicemail message that the manager would be "furious" and would start foreclosing. 

Today, Peoples First just told me they will NOT do a short sale, period.  When I talked to them I mentioned the diagnosis of kidney cancer, wondering how this woman could keep up with her payments.  I also  asked, "Why would your company not consider a short sale in this economy?"  I was told they had "not given any subprime loans, they were well-capitalized, and when they lent money, they expected to get it paid back".  I said, "So you'd rather foreclose?"  They said "Yes". 

I then got a call from another party at the bank, who reiterated they don't do short sales.   I mentioned I would write about the situation in my national blog.  I was told "I caution you not to do that."

Well, guess what?  I am writing about it. 

It's Wendy!

Wendy Rulnick, Broker, CRP, CRS, GRI, ABR     Rulnick Realty, Inc.

Search Destin FL real estate

Short Sale Pre Foreclosure Help.

Call toll-free 1-877-ITS-WNDY (1-877-487-9639) or local 850-650-7883 ext 204

Email itswendy@rulnickrealty.com

Wendy Rulnick specializes in real estate sales, short sales, traditional sales on Emerald Coast of Florida: Destin Florida real estate, Santa Rosa Beach, Fort Walton Beach, Niceville, Bluewater Bay, Navarre, Seagrove Beach, Watercolor, Sandestin, Seaside, Dune Allen, Blue Mountain Beach, Freeport, Rosemary Beach, Mary Esther, Shalimar, Eglin AFB, Hurlburt Field.   Wendy Rulnick, Broker and Realtor, has been selling real estate for almost 20 years.  She has won numerous awards, including the coveted ADDY for advertising design. An expert marketer of real estate listings, she also negotiates successfully to her buyers' and sellers' advantage. She is supported by a team of top buyer specialists. Wendy lists and sells homes, condos and townhomes.

All Rights Reserved. *Short Sale Denied - Despite Cancer Diagnosis* Contact Wendy Rulnick regarding Destin Florida real estate and vicinity. Copyright © 2008 by Wendy Rulnick.This site, Wendy Rulnick or Rulnick Realty, Inc. is not providing legal or tax advice.  The information provided is for educational and informational purposes only.  It is recommended that sellers considering a short sale should consult an independent legal and tax advisor for more information.

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I just had a Bank of America short sale closing for a home near Destin, FL.  BOFA issued TWO different approval letters for the same junior lien:

Approval Letter #1 (Emailed):

Bank of America agrees to accept $1000.00 in certified funds as payment in full of the loan.  Upon the Bank's receipt of the payment of $1000.00, the Bank will report the account to the credit bureaus as "Settled", with the explanation "Account legally paid in full for less then the full balance.":  In addition, the Bank will be reporting the amount of the debt forgiven to the Internal Revenue Service as required by the Revenue Reconciliation Act of 1993.

Approval Letter  #2 (Mailed  - Dated Same Date as Approval Letter #1)

Bank of America agrees to accept $1000.00 as payment towards said loan.  Upon receipt of $1000, Bank will release the lien and charge off the remaining debt as a collectable balance.  Our recovery department will be in contact with you to make arrangements on this balance.  Will report the account to the credit bureaus as "charged off", and show the balance remaining owed to Bank of America. 

The bank insisted the sellers sign both letters.  If BOFA tries to collect on this balance, certainly the sellers can show evidence by the first approval letter that BOFA stated the loan was forgiven.  To say the least, Bank of America's behavior is mystifying.

It's Wendy!

Wendy Rulnick, Broker, CRP, CRS, GRI, ABR     Rulnick Realty, Inc.

Search Destin FL real estate

Short Sale Pre Foreclosure Help.

Call toll-free 1-877-ITS-WNDY (1-877-487-9639) or local 850-650-7883 ext 204

Email itswendy@rulnickrealty.com

Wendy Rulnick specializes in real estate sales, short sales, traditional sales on Emerald Coast of Florida: Destin Florida real estate, Santa Rosa Beach, Fort Walton Beach, Niceville, Bluewater Bay, Navarre, Seagrove Beach, Watercolor, Sandestin, Seaside, Dune Allen, Blue Mountain Beach, Freeport, Rosemary Beach, Mary Esther, Shalimar, Eglin AFB, Hurlburt Field.   Wendy Rulnick, Broker and Realtor, has been selling real estate for almost 20 years.  She has won numerous awards, including the coveted ADDY for advertising design. An expert marketer of real estate listings, she also negotiates successfully to her buyers' and sellers' advantage. She is supported by a team of top buyer specialists. Wendy lists and sells homes, condos and townhomes.

All Rights Reserved. *"BOFA Issues 2 Contradictory Approval Letters!"* Contact Wendy Rulnick regarding Destin Florida real estate and vicinity. Copyright © 2008 by Wendy Rulnick.This site, Wendy Rulnick or Rulnick Realty, Inc. is not providing legal or tax advice.  The information provided is for educational and informational purposes only.  It is recommended that sellers considering a short sale should consult an independent legal and tax advisor for more information.

I just had a Bank of America short sale closing for a home near Destin, FL.  BOFA issued TWO different approval letters for the same junior lien:

1.  Approval Letter Emailed:

Bank of America agrees to accept $1000.00 in certified funds as payment in full of the loan.  Upon the Bank's receipt of the payment of $1000.00, the Bank will report the account to the credit bureaus as "Settled", with the explanation "Account legally paid in full for less then the full balance.":  In addition, the Bank will be reporting the amount of the debt forgiven to the Internal Revenue Service as required by the Revenue Reconciliation Act of 1993.

2.  Approval Letter Mailed Separately to Seller  - (Dated Same Date as Above Letter)

Bank of America agrees to accept $1000.00 as payment towards said loan.  Upon receipt of $1000, Bank will release the lien and charge off the remaining debt as a collectable balance.  Our recovery department will be in contact with you to make arrangements on this balance.  Will report the account to the credit bureaus as "charged off", and show the balance remaining owed to Bank of America. 

The bank insisted the sellers sign both letters.  If BOFA tries to collect on this balance, certainly the sellers can show evidence by the first approval letter that BOFA stated the loan was forgiven.  To say the least, Bank of America's behavior is mystifying.

It's Wendy!

Wendy Rulnick, Broker, CRP, CRS, GRI, ABR     Rulnick Realty, Inc.

Search Destin FL real estate

Short Sale Pre Foreclosure Help.

Call toll-free 1-877-ITS-WNDY (1-877-487-9639) or local 850-650-7883 ext 204

Email itswendy@rulnickrealty.com

Wendy Rulnick specializes in real estate sales, short sales, traditional sales on Emerald Coast of Florida: Destin Florida real estate, Santa Rosa Beach, Fort Walton Beach, Niceville, Bluewater Bay, Navarre, Seagrove Beach, Watercolor, Sandestin, Seaside, Dune Allen, Blue Mountain Beach, Freeport, Rosemary Beach, Mary Esther, Shalimar, Eglin AFB, Hurlburt Field.   Wendy Rulnick, Broker and Realtor, has been selling real estate for almost 20 years.  She has won numerous awards, including the coveted ADDY for advertising design. An expert marketer of real estate listings, she also negotiates successfully to her buyers' and sellers' advantage. She is supported by a team of top buyer specialists. Wendy lists and sells homes, condos and townhomes.

All Rights Reserved. *"BOFA Issues 2 Contradictory Approval Letters!"* Contact Wendy Rulnick regarding Destin Florida real estate and vicinity. Copyright © 2008 by Wendy Rulnick.This site, Wendy Rulnick or Rulnick Realty, Inc. is not providing legal or tax advice.  The information provided is for educational and informational purposes only.  It is recommended that sellers considering a short sale should consult an independent legal and tax advisor for more information

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Subscribe to It's Wendy's Blog by Email

Photo Gallery
Description and Features
Finely furnished non-rental Destin FL condo. Multi-level adds pizazz to resort lifestyle. Tiled living room. Gulf view. As a Maravilla owner, you can enjoy two pools, one heated, hot tub, two tennis courts, club house, and deeded beach access to 2.5 acres of white sand on the Gulf of Mexico. Recent complex renovations incluse: new metal roofs, sealed exterior walls, fresh paint, new windows and sliding glass doors. This Destin FL property is NOT a short sale, so you don\'t have to \"wait\" for months to own this lifestyle!	Bedrooms: 3 Bathrooms: 2 Year Built: 1998 Floors: 2 MLS #: 507017
Location
Click to view map: 2606 Scenic Gulf Drive #4404 Miramar Beach FL 32550
Links
Search Destin Real Estate Destin Short Sale Help Destin Realtor Blog Listing Website

Wendy Rulnick, Broker, CRP, CRS, GRI, ABR     Rulnick Realty, Inc.

Call toll-free 1-877-ITS-WNDY (1-877-487-9639) or local 850-650-7883 ext 204

Email itswendy@rulnickrealty.com

Wendy Rulnick specializes in real estate sales, short sales, traditional sales on Emerald Coast of Florida: Destin Florida real estate, Santa Rosa Beach, Fort Walton Beach, Niceville, Bluewater Bay, Navarre, Seagrove Beach, Watercolor, Sandestin, Seaside, Dune Allen, Blue Mountain Beach, Freeport, Rosemary Beach, Mary Esther, Shalimar, Eglin AFB, Hurlburt Field.   Wendy Rulnick, Broker and Realtor, has been selling real estate for almost 20 years.  She has won numerous awards, including the coveted ADDY for advertising design. An expert marketer of real estate listings, she negotiates successfully to her clients' advantage. She is supported by a team of top buyer specialists. She lists and sells homes, condos and townhomes.

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Description and Features
Absolutely delightful and charming Destin FL home! Unique features include exposed shelving in kitchen, tile counters, built-in wine rack. Two living areas, formal and \"great room\". High and cathedral ceiling accent and recessed lighting, wood stairs add character. Outside- hello tranquility! Lovely pond backed by tall trees. See the walkway towards the bay, too? Waterfront park/recreation area and public boat launch add nearby excitement. Second floor covered balcony is huge, private and has bayview! Master bath is luxurious with corner angled whirlpool tub and his/hers closets. Laundry room is conviently located on the second floor with the bedrooms. This Destin FL property is a short sale subject to seller\'s mortgage holder\'s approval.	Bedrooms: 3 Bathrooms: 2 Parking Spaces: 2 Square Feet: 2117 Lot Size: 0.14 acre Year Built: 2004 Floors: 1 MLS #: 506158
Location
Click to view map: 90 Legion Park Lp Miramar Beach FL 32550
Links
Search Destin Real Estate Destin Short Sale Help Destin Realtor Blog Listing Website

It's Wendy!

Wendy Rulnick, Broker, CRP, CRS, GRI, ABR     Rulnick Realty, Inc.

Call toll-free 1-877-ITS-WNDY (1-877-487-9639) or local 850-650-7883 ext 204

Email itswendy@rulnickrealty.com

Wendy Rulnick specializes in real estate sales, short sales, traditional sales on Emerald Coast of Florida: Destin Florida real estate, Santa Rosa Beach, Fort Walton Beach, Niceville, Bluewater Bay, Navarre, Seagrove Beach, Watercolor, Sandestin, Seaside, Dune Allen, Blue Mountain Beach, Freeport, Rosemary Beach, Mary Esther, Shalimar, Eglin AFB, Hurlburt Field.   Wendy Rulnick, Broker and Realtor, has been selling real estate for almost 20 years.  She has won numerous awards, including the coveted ADDY for advertising design. An expert marketer of real estate listings, she negotiates successfully to her dients' advantage. She is supported by a team of top buyer specialists. She lists and sells homes, condos and townhomes.

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Description and Features
It\'s all about the water with this Niceville FL waterfront townhome! The views framed by tall oaks bring serenity, the dock and deep water access bring fun! Located almost at the end of the complex, unit feels very private. Open dining room to step down living room with fireplace. Third bedroom downstairs or additional living space/office is converted garage- could be reconverted easily per owner. Upstairs find two balconies, laundry. Substantial closet space. Seawall. Complex has community pool, tennis. New heat pump 2003. Main roof 1992. Roof over converted garage 2008 (flat roof). Gas fireplace and gas bbq hook-up outside. Owner says there is a leak in the Florida room, and an area where rain will enter during strong winds and heavy rain. This Niceville FL waterfront property has a shared dock with end unit. Partially wired security system. Short Sale subject to seller\'s mortgage holder\'s approval.	Bedrooms: 3 Bathrooms: 2.5 Parking Spaces: 2 Square Feet: 1735 Year Built: 1983 Floors: 2 MLS #: 506747
Location
Click to view map: 102 Regatta Drive #102 Niceville FL 32578
Links
Search Niceville Real Estate Niceville Short Sale Help Niceville Realtor Blog Listing Website

It's Wendy!

Wendy Rulnick, Broker, CRP, CRS, GRI, ABR     Rulnick Realty, Inc.

Call toll-free 1-877-ITS-WNDY (1-877-487-9639) or local 850-650-7883 ext 204

Email itswendy@rulnickrealty.com

Wendy Rulnick specializes in real estate sales, short sales, traditional sales on Emerald Coast of Florida: Destin Florida real estate, Santa Rosa Beach, Fort Walton Beach, Niceville, Bluewater Bay, Navarre, Seagrove Beach, Watercolor, Sandestin, Seaside, Dune Allen, Blue Mountain Beach, Freeport, Rosemary Beach, Mary Esther, Shalimar, Eglin AFB, Hurlburt Field.   Wendy Rulnick, Broker and Realtor, has been selling real estate for almost 20 years.  She has won numerous awards, including the coveted ADDY for advertising design. An expert marketer of real estate listings, she negotiates successfully to her dients' advantage. She is supported by a team of top buyer specialists. She lists and sells homes, condos and townhomes.

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Description and Features
Located within walking distance of the beach, shopping and restaurants this Navarre FL home has been well maintained. The interior has been recently painted to include new interior doors. The kitchen provides plenty of cabinets, side by side refrigerator, stainlesss steel sink and pantry. The master bedroom has a walk-in closet with storage shelves. This Navarre FL property has a huge fenced back yard, great for gatherings or the addition of a pool. All information to be verified by buyer	Bedrooms: 3 Bathrooms: 2 Parking Spaces: 2 Square Feet: 1269 Lot Size: 0.46 acre Year Built: 1994 Floors: 1 MLS #: 506778
Location
Click to view map: 8730 Rio Vista Drive Navarre FL 32566
Links
Search Navarre Real Estate Navarre Short Sale Help Navarre Realtor Blog Listing Website

It's Wendy!

Wendy Rulnick, Broker, CRP, CRS, GRI, ABR     Rulnick Realty, Inc.

Call toll-free 1-877-ITS-WNDY (1-877-487-9639) or local 850-650-7883 ext 204

Email itswendy@rulnickrealty.com

Wendy Rulnick specializes in real estate sales, short sales, traditional sales on Emerald Coast of Florida: Destin Florida real estate, Santa Rosa Beach, Fort Walton Beach, Niceville, Bluewater Bay, Navarre, Seagrove Beach, Watercolor, Sandestin, Seaside, Dune Allen, Blue Mountain Beach, Freeport, Rosemary Beach, Mary Esther, Shalimar, Eglin AFB, Hurlburt Field.   Wendy Rulnick, Broker and Realtor, has been selling real estate for almost 20 years.  She has won numerous awards, including the coveted ADDY for advertising design. An expert marketer of real estate listings, she negotiates successfully to her dients' advantage. She is supported by a team of top buyer specialists. She lists and sells homes, condos and townhomes.