Four Questions For President Obama and Congress about the Foreclosure Crisis Now that Elections are Over

By Sean Coffey, MPA, Program Manager, ForeclosureHelpSCC

Earlier this week, President Obama was re-elected President of the United States.  For people in the housing world, especially those of us who work with homeowners facing foreclosure, we want to know what, (if any) actions the President and Congress will take to address the ongoing foreclosure crisis, with over 5 1/2 million homeowners (nationally) “not current” as of September 2012.

A few specific issues:

1. Will the President and/or Congress intervene in any way to extend the deadline for the Independent Foreclosure Review  beyond the December 31st Deadline?   The number of eligible people who have applied for the review is far below expectations, and there have also been a number of questions raised about how independent the process actually is. The foreclosure refund program of the Attorneys General settlement, a similar program, also has a deadline fast approaching.  Depending on how many eligible people have contacted their Attorney General, it may be worth also extending deadlines for this program.

2.  What will happen with the Mortgage Debt Forgiveness Act?   As we discussed in an earlier blog post, not extending this debt forgiveness could have dire consequences for individual homeowners as well as the success of programs like the Attorneys General Settlement.

3. What will happen with Fannie Mae and Freddie Mac’s overseer?   The National Fair Housing Alliance has a survey monkey poll about whether or not President Obama is going to fire the current director of the Federal Housing Finance Agency, Ed DeMarco.   Some advocates feel that DeMarco’s leadership has limited the GSE’s responses to the mortgage meltdown, including not allowing principal reductions.

4. Will there be any tougher consequences implemented for banks and servicers when they fail to comply with program rules in the Making Home Affordable program, or if they continue robo-signing or dual-tracking?

Are you having trouble paying your mortgage and do you live here in San Jose or Sunnyvale California? If so, contact ForeclosureHelpSCC by telephone: (408) 293-6000, email: help@foreclosurehelpscc.org, or visit our website: www.foreclosurehelpscc.org.

ForeclosureHelpSCC is a program that is supported by the Cities of San Jose and Sunnyvale, and staffed by housing counselors from four local, HUD-approved counseling agencies.

Our housing counselors can speak to you about what your options are if you’re having trouble paying your mortgage, including programs like Making Home Affordable, Keep Your Home California, the Independent Foreclosure Review, and private, in-house modifications offered by banks and servicers as well. Your housing counselor can work with you to develop a plan of action to begin dealing with the problem instead of ignoring it.

Remember, the sooner you start working with a housing counselor, the more options you will have to address your mortgage situation and potentially remain in your home. Time is not on your side, so pick up the phone and give us a call.

Please note: All content included in the ForeclosureHelpSCC blog is provided for information only and should NOT be considered legal or tax advice. If you have any questions, please feel free to contact us on our hotline: (408)-293-6000, or visit our website: www.foreclosurehelpscc.org

California Foreclosure Refund Program, Part of the Attorney General Settlement

By JoAnn Parrott, Housing Counselor at Project Sentinel, one of the members of ForeclosureHelpSCC.

Today’s Post is about the Foreclosure Refund Program, part of the national Attorneys General Mortgage Settlement.

 What is the Foreclosure Refund Settlement program?    
The foreclosure refund program is one of three parts of the national attorneys general settlement with the five largest banks.  As part of this $25 billion settlement, approximately $1.5 billion has been earmarked for the foreclosure refunds.   The five banks (Chase, Ally/GMAC, Bank of America/Countrywide, Citibank, and Wells Fargo/Wachovia) agreed to compensate homeowners who lost their homes to foreclosure inappropriately between January 1, 2008 and December 31, 2011.

The remaining money is being used to provide up to $3 billion (nationally) in refinancing for homeowners who are underwater.  In addition, up to $17 billion is being used for modifications (including principal reductions), short sales, and monetary assistance for homeowners who are transitioning out of their homes.

Is my lender part of the Settlement program?  The participating lenders are Ally/GMAC (800-766-4622), Bank of America/Countrywide (877-488-7814), Citibank (866-272-4749), JPMorgan Chase (866-372-6901) and Wells Fargo/Wachovia (800-288-3212).

Am I eligible to apply?  YES – Regardless of the circumstances you are currently experiencing or have experienced in the past, if your lender is participating in the program, you can apply.

How do I apply?  For the foreclosure refund program, you may receive a claim form as well as general information regarding the program from the National Settlement Administrator.  Kamala D Harris, California’s Attorney General, explained in a press release that letters are being mailed directly to 432,584 California homeowners between September 24 and October 12, 2012 about the foreclosure refund.  If you believe that you are eligible for the foreclosure refund but did not receive a form, you can call the National Mortgage Settlement Administrator at 1-866-430-8358, Monday through Friday 7:00 a.m. – 7:00 p.m. Central Time.

Once you receive the letter in the mail, you will need to complete the form and mail it back, or you can also fill it out online (but you’ll need the claim number from the letter you received, so don’t throw it away).  More instructions are on the National Mortgage Settlement website. 

For the other two parts of the settlement (refinancing and loan modifications), you can contact your lender directly to ask about your eligibility and the bank’s timeline for implementing these options.

How long do I have to apply?  The deadline for submitting a claim for the foreclosure refund is January 18, 2013.

What if I don’t get a letter?  If you don’t receive a letter by October 31, 2012 or if you have a different address now, contact the National Settlement Administrator at 866-430-8358 (M- F from 5am-5pm PST) or send an e-mail with your current mailing address to administrator@nationalmortgagesettlement.com.

Do I need to hire somebody to help me apply?  NO – The claim form is easy to complete.  If you have questions, call 1-866-430-8358 (M-F from 5am-5pm PST) for help or send questions via email to: administrator@nationalmortgagesettlement.com.

What if I’m contacted by an agency that wants to help me?  Be aware of possible settlement-related scams.  Do not provide personal or financial information or pay money to anyone who claims to provide settlement-related assistance.  If you believe someone is conducting a scam, contact the Attorney General’s Public Inquiry Unit at http://oag.ca.gov/consumers/general.

What do I have to prove with my claim?   Once you are qualified, you do not need to prove financial harm to receive a payment nor do you give up your right to pursue legal action against the lender.

If you want, you can also apply for the Independent Foreclosure Review Process.  It is a settlement with other regulators and 14 banks and servicers based on robo-signing issues that occurred between January 1, 2009 and December 31, 2010.  The Independent Foreclosure Review deadline is soon: December 31, 2012.  More information on this program is available at our blog post about the Independent Foreclosure Review  (scroll down to the bottom of the post) or on the Independent Foreclosure Review website.

How much money will I get?  The amount of your refund depends on the total number of homeowners who decide to participate.  The estimated number of participants nationally is approximately 2 million people.

When will I get my money if I am eligible?  Payment checks are expected to be mailed to eligible participants in mid-2013.

What if I still own my property but need help paying the mortgage?  Contact your lender or a HUD-approved counseling agency to discuss your options.   To locate a HUD agency, call 800-569-4287.

If you are a homeowner living in San Jose or Sunnyvale and are struggling with your mortgage, please contact ForeclosureHelpSCC, a program funded by the City of San Joseand the City of Sunnyvale at (408)-293-6000 or visit our website: www.foreclosurehelpscc.org.  Our HUD-approved counselors can help you evaluate your options, learn more about federal and state programs that may help you with your mortgage issues, and will help you create a plan forward.

Please note: All content included in the ForeclosureHelpSCC blog is provided for information only and should NOT be considered legal or tax advice. If you have any questions, please feel free to contact us on our hotline: (408)-293-6000, or visit our website: www.foreclosurehelpscc.org or send us an email: help@foreclosurehelpscc.org.

 

Free Foreclosure Resource Fair: October 20th at Overfelt High School

By Sean Coffey, MPA, Program Manager at ForeclosureHelpSCC

Do you live in Santa Clara County?  Are you struggling to make your mortgage payments?  Has your income gone down?  Would you like to speak with somebody who knows about the mortgage programs and settlements and can give you honest advice?

If you would like to get all of this information in one place, then you should come to a free Foreclosure Resource Fair here in San Jose on October 20th, from 9am to 3pm at Overfelt High School.

At the fair, you can meet one-on-one with a HUD certified Foreclosure Counselor who knows the system.  They can help you find solutions and develop a plan forward.  You will learn about which programs can help you, and scams that can hurt you.

Tax and legal experts at the event will give presentations and we’ll also have a free shredding truck for you to safely shred your old documents.

Assemblymember Jim Beall, who represents the 24th District for California, will also speak about recent legislation to address the foreclosure crisis here in California.  His office is helping to organize the event, and Assemblymember Beall explains, “In this tough economy, many families are living from paycheck to paycheck, struggling to meet their mortgage. Homeowners facing default who attend the foreclosure prevention fair can get effective counseling and learn how new laws passed by the Legislature can protect them.’’

Jeffrey F. Rosen,the District Attorney for Santa Clara County states “Real estate fraud, and particularly foreclosure rescue scams have a devastating impact in our communities.  We are proud to partner with ForeclosureHelpSCC and other non-profits to protect homeowners from real estate fraud, and hold con artists accountable for their misdeeds.”

Dr. John Porter, the Superintendent of Franklin McKinley School District and its Children’s Initiative,explained the impact of foreclosures on children and neighborhoods:  “I have seen how the stress and disruption of foreclosure hinders a child’s performance in school and affects their classmates.  And foreclosures take their toll on the whole neighborhood with the lack of income and resource that make children feel less safe and secure.”

Time and space with a housing counselor is limited, so if you would like to meet with a counselor, please call ahead of time to RSVP.  You can call (408) 293-6000 to reserve your space.

WHEN: Saturday October 20, from 9 a.m. to 3 p.m.

WHERE: Overfelt High School, 1835 Cunningham Ave., San Jose, CA.

WHO:  ForeclosureHelpSCC is a consortium of non-profits serving the community and led by the Housing Trust of Santa Clara County with Asian, Inc., Law Foundation of Silicon Valley, Neighborhood Housing Services, Project Sentinel, SurePath, and volunteers from Santa Clara County Association of Realtors, funded by the cities of San Jose and Sunnyvale. Other non-profits and banks will be there to offer information

WHY:    In July more than 1,000 families in Santa Clara County were impacted by a foreclosure proceeding, per Realty Trac. The foreclosure crisis may have passed its peak but a statewide study by the Center for Responsible Lending found, “Over 50% of existing single-family homes sold in California in 2011 were short sales or bank-owned foreclosures. ‘Lost Ground, 2011‘ found we are only about halfway through the foreclosure crisis.”

MORE INFORMATION: Please call the ForeclosureHelpSCC office: 408-293-6000, visit our website for the foreclosure resource fair, or email us: sean@housingtrustscc.org.

1 in 5 consumers receive a different credit score than their lender

By Sean Coffey, MPA, Program Manager of ForeclosureHelpSCC

A recently released report by the Consumer Financial Protection Bureau raises some serious concerns about credit scores and the credit bureaus that create the scores.

Credit scores are important because they are a large of the equation in determining the price that a person will pay for credit. A person who is perceived as a good credit risk (as judged by a high credit score) will likely obtain a lower interest rate for a loan as compared to somebody who is a bad credit risk (as judged by their score).

That’s why the results from the study are so troubling. The Bureau studied 200,000 credit files from the three big credit bureaus (TransUnion, Equifax, and Experian) and found that about one in five consumers would receive a “meaningfully different score than would a lender.” This has harmful implications for consumers, because they could be either applying for credit that they can’t obtain (because the score they’re seeing is higher than the potential lender is seeing). Or, they could end up paying more for credit than they should because the score the consumer saw is lower than the score the lender saw.

Thirty of the credit bureaus (representing 94% of all bureaus) will come under the supervision of the Consumer Financial Protection Bureau on September 30, 2012, and it appears that there is a lot of work to be done.  In the mean time, the Bureau suggests that consumer shop around for credit and check their credit reports and correct any inaccuracies.

To learn more about this study, visit: “Analysis of Differences between Consumer- and Creditor-Purchased Credit Scores”
You can also read our previous blog post: “Rebuilding your credit after a foreclosure or short sale”

If you are a homeowner living in San Jose or Sunnyvale and are struggling with your mortgage, please contact ForeclosureHelpSCC, a program funded by the City of San Jose and the City of Sunnyvale at (408)-293-6000 or visit our website www.foreclosurehelpscc.org.  Our HUD-approved counselors can help you evaluate your options, learn more about federal and state programs that may help you with your mortgage issues, and will help you create a plan forward.

Please note: All content included in the ForeclosureHelpSCC blog is provided for information only and should NOT be considered legal or tax advice. If you have any questions, please feel free to contact us on our hotline: (408)-293-6000, or visit our website: www.foreclosurehelpscc.org

Unemployment Mortgage Assistance Program, Part of Keep Your Home California: How Does It Work?

By Aurora Olivares, Housing Counselor at Project Sentinel, one of the members of ForeclosureHelpSCC

Have you heard of the Keep Your Home California program? (KYHC) Are you unsure how the program works to help struggling homeowners avoid preventable foreclosures? A few homeowners I’ve worked with here in the Bay Area are good examples of how Keep Your Home California works.

Are you like Michelle?

I recently was contacted by a woman who was laid off two months ago. She received a flyer from her local EDD office about the Keep Your Home California program. Michelle had used up her savings and was concerned about her ability to pay her mortgage while unemployed. I met with her the following day to go over the Unemployment Mortgage Assistance (UMA) program. Michelle met all the requirements in order to apply for the Unemployment Mortgage Assistance program and her application was submitted the same day.

Michelle kept in contact with the Keep Your Home California team and provided all documents needed for the eligibility review. Michelle’s review went smoothly and she was approved for the UMA program. Michelle was approved to have KYHC make her payments for up to up to 9 months while she looked to secure new employment and had KYHC administer her first mortgage installment before her payment was due, helping her preserve her credit.

Here are some quick facts about the Keep Your Home California program:

Your lender/servicer must participate in the program in order to qualify for the Keep Your Home California funds. Each lender/servicer can participate in as little as one or in all four of the Keep Your Home California programs.

Is my bank or servicer participating in Keep Your Home California?
Check this list: Servicers Participating in Your Home California

There are 4 award programs:

  • UMA-Unemployment Mortgage Assistance Program: Is designed to assist unemployed homeowners who are receiving EDD benefits.
  • MRAP-Mortgage Reinstatement Assistance Program: This program can help by reinstating past due payments.
  • PRP-Principal Reduction Program: Homeowners who owe more than their property is worth, may be eligible for a principle reduction.
  • TAP-Transitional Assistance Program: Provides a payment of up to $5,000 to help homeowners, who cannot retain their home transition into new housing.

The Keep Your Home California program applies to primary mortgages in first position only. Second mortgages or home equity lines of credit are not eligible for Keep Your Home California programs. The property must be owner occupied and located in the state of California. The loan balance on the first mortgage is below $729,750. The homeowner(s) cannot be in bankruptcy while applying for Keep Your Home California Program.

Will you be the next success story?
To find out more about these four programs, or to set up an appointment with a housing counselor who can discuss these programs with you, contact ForeclosureHelpSCC by calling us at (408) 293-6000. You can also email us at help@foreclosurehelpscc.org or visit our website: www.foreclosurehelpscc.org.

Please note: All content included in the ForeclosureHelpSCC blog is provided for information only and should NOT be considered legal or tax advice. If you have any questions, please feel free to contact us on our hotline: (408)-293-6000, or visit our website: www.foreclosurehelpscc.org

Keep Your Home California: How Does It Work?

By Aurora Olivares, Housing Counselor at Project Sentinel, one of the members of ForeclosureHelpSCC

Have you heard of the Keep Your Home California program? Are you unsure how the program works to help struggling homeowners avoid preventable foreclosures? A few homeowners I’ve worked with here in the Bay Area are good examples of how Keep Your Home California works.

Meet Ron.

Earlier this year I received a call from Ron. He had medical issues that prevented him from working full time. He drew from his 401K to pay medical bills while he recuperated. During this time, Ron fell behind on his mortgage payments. Ron regained his health and was back to his old self with a steady income but was unable to catch up on the $10,000 in delinquent mortgage payments from when he was ill and fell behind on his mortgage. After struggling to reach an agreement with his mortgage company, he heard about the Keep Your Home California program and called to set up a counseling appointment.

I met with Ron and after learning more about his situation, I determined that he was an ideal candidate for the Mortgage Reinstatement Assistance Program (MRAP). Ron lived in the property with the past due payments, he was not in bankruptcy, had a loan balance under $729,750 and had an affordable payment after overcoming his medical hardship.

I worked with Ron to submit an application for the Mortgage Reinstatement Assistance Program through Keep Your Home California. After submitting the necessary paperwork, meeting investor guidelines, and working closely with the Keep Your Home California processing team, Ron was funded $10,000 to bring his mortgage current. Through this program, Ron was able to remain in his home.

In our next post, I’ll discuss a homeowner who successfully used the Unemployment Mortgage Assistance Program, which is also part of Keep Your Home California. In the meantime, I’m including program information below.

Here are some quick facts about the program:
Your lender/servicer must participate in the program in order to qualify for the Keep Your Home California funds. Each lender/servicer can participate in as little as one or in all four of the Keep Your Home California programs.

Is my bank or servicer participating in Keep Your Home California?
Check this list: Servicers Participating in Your Home California

There are 4 award programs:

  • UMA-Unemployment Mortgage Assistance Program: Is designed to assist unemployed homeowners who are receiving EDD benefits.
  • MRAP-Mortgage Reinstatement Assistance Program: This program can help by reinstating past due payments.
  • PRP-Principal Reduction Program: Homeowners who owe more than their property is worth, may be eligible for a principle reduction.
  • TAP-Transitional Assistance Program: Provides a payment of up to $5,000 to help homeowners, who cannot retain their home transition into new housing.

The Keep Your Home California program applies to primary mortgages in first position only. Second mortgages or home equity lines of credit are not eligible for Keep Your Home California programs. The property must be owner occupied and located in the state of California. The loan balance on the first mortgage is below $729,750. The homeowner(s) cannot be in bankruptcy while applying for Keep Your Home California Program.

Will you be the next success story?
To find out more about these four programs, or to set up an appointment with a housing counselor who can discuss these programs with you, contact ForeclosureHelpSCC by calling us at (408) 293-6000. You can also email us at help@foreclosurehelpscc.org or visit our website: www.foreclosurehelpscc.org.

Please note: All content included in the ForeclosureHelpSCC blog is provided for information only and should NOT be considered legal or tax advice. If you have any questions, please feel free to contact us on our hotline: (408)-293-6000, or visit our website: www.foreclosurehelpscc.org

California PayDay Lender Settlement: Oct. 1, 2012 Deadline

By Sean Coffey, Program Manager at ForeclosureHelpSCC

Have you heard about the payday lawsuit and settlement against Money Mart and Loan Mart?

The San Francisco City Attorney, Dennis Herrera, sued Money Mart and Loan Mart for “unfair and fraudulent business practices” in making payday loans in California.

As part of the settlement, Californians who received short-term installment loans between 2005 and 2007, and oversized loans in 2005, may be eligible for restitution for much of the interest, fees, and finance charges that they paid. There is $7.5 million in funds for the settlement, and eligible consumers may receive between $20 and $1,800 each.

Deadline Fast Approaching
The deadline to apply for restitution under this program is October 1, 2012, so there is not much time left for consumers to apply.

How do I apply?

There are three ways you can get more information or apply to receive restitution:

  1. You can fill out a claim form on the SF City Attorney’s website.
  2. You can call the City Attorney’s Money Mart Settlement Hotline: 866-497-5497
  3. You can email moneymartsettlement@sfgov.org

Reminder: Independent Foreclosure Review Deadline is December 31, 2012
And, as a reminder, if you are a homeowner who had any “foreclosure actions” on your primary residence between January 1, 2009 and December 2010, you may also want to learn more about the Independent Foreclosure Review program. This agreement with 14 banks and servicers also has a deadline that is fast approaching: December 31, 2012. For more information about this program, visit our earlier blog piece on it, or visit the website: independentforeclosureeview.com

Please note: All content included in the ForeclosureHelpSCC blog is provided for information only and should NOT be considered legal or tax advice. If you have any questions, please feel free to contact us on our hotline: (408)-293-6000, or visit our website: www.foreclosurehelpscc.org

Nancy’s Nine Rules for an Effective Relationship With Your Housing Counselor

By Nancy Rueda, Housing Counselor at Asian Inc., one of the members of ForeclosureHelpSCC

Trying to find assistance during a difficult time with your mortgage may be overwhelming, but there are trained housing counselors who can help you learn about your options so that you can make an informed decision. Today I’m sharing a few tips that will help you get the most out of your time with your housing counselor.

1) Take notes – At a housing counseling appointment you will learn a lot of new information about mortgage assistance programs, and what your options are if you are having trouble paying your mortgage. As part of your appointment, we will also give you a handout that explains the foreclosure timeline and process in California. It can be really helpful to take notes so that you have something to refer back to after your appointment.

2) Bring questions to the appointment: Before meeting with your housing counselor, write your questions and bring them to your appointment. That way you won’t forget any important questions or concerns you have about your mortgage.

3) Arrive on time: Housing counselors are assisting a number of homeowners at any given time. By being on time, you can ensure that you get the full time allotted for your appointment with your housing counselor.

4) Share all important information with your housing counselor. There are two really important reasons for you to make sure you’re sharing all relevant information with your housing counselor. First, similar to a doctor making a diagnosis, a housing counselor needs all information about your mortgage, financial, and income situation so that they can do a thorough analysis and make sure you’re informed about all options available to help you. If you only provide them with half the information, then you may miss out on learning about all of your mortgage options. Second, if your housing counselor is advocating on your behalf with your bank or servicer, they need to be operating with the same information that the bank or servicer has in order to be an effective advocate for you.

5) Awareness: While friends and family members may have received a loan modification, each mortgage situation is different. The banks and servicers (and in some cases, an investor who may or may not approve of a modification) all have different programs and policies. This could mean that the same bank provides two very different modifications for two houses on the same street. Or, because of investors, the bank may be allowed to modify one mortgage, but not the other.

6) Documents, documents, documents: If you are submitting a request for a loan modification, you will be asked to provide a lot of documents to your housing counselor. Housing counselors can’t submit incomplete packages to the bank or servicer. By providing all of the documents at one time, you can make your case go smoother and it will be easier for your housing counselor to submit a package to the bank. If a housing counselor has to wait on documents, it can slow them down in submitting a package to your bank or servicer. In addition, during the time your housing counselor is waiting for “late” documents, the documents you already submitted may become out of date, and you will have to submit new ones.

7) Follow up with your servicer – After your housing counselor informs you that your workout packet has been submitted to your servicer, follow up with your servicer. Do not wait for your housing counselor to remind you. It’s suggested that you follow up with them every week and make sure to write down what was discussed, the date, time, the name of the person you spoke with and their ID number on your note book. If you are giving information to the bank or servicer, it should match the information that your housing counselor submitted in the package. If circumstances change (i.e. you get an increase or decrease in pay), let your housing counselor know.

8) Keep your housing counselor updated – There will be times when your bank or servicer will contact you directly and may request additional information from you. Don’t forget to contact your housing counselor and inform them of what was discussed or what was requested from you. If you had to fax documents to your servicer, send them to your housing counselor as well, that way they are aware of what was provided to your servicer.

9) Be patient, polite and proactive – As overwhelming as this process is, housing counselors are here to assist you in learning about your options, which may include a short sale, modification, or in some cases, letting go of the home and planning a successful “exit strategy.” Regardless of which path you decide to take, it’s a “team approach” and your active participation is important. Being patient, polite, and proactive will also be helpful in communicating with your bank or servicer, since you may have to be the messenger between different departments at your bank or servicer.

Have you worked with a housing counselor before? Do you have any comments or tips you would like to share?

Please note: All content included in the ForeclosureHelpSCC blog is provided for information only and should NOT be considered legal or tax advice. If you have any questions, please feel free to contact us on our hotline: (408)-293-6000, or visit our website: www.foreclosurehelpscc.org.