Legislation Would Give Consumers 120 Days To Resolve Medical Debts Before Dinging Credit Reports

Some of the homeowners from San Jose and Sunnyvale that work with ForeclosureHelp are struggling with their mortgages in part because of medical debt and medical bills. Damaged credit can also be an issue if you’re trying to refinance. This post from the Consumerist highlights recently introduced legislation that would give consumers 120 days to resolve medical debt with collectors before that debt is reported to the credit bureaus.

HARP Refinance Option for Homeowners in San Jose and Sunnyvale

A recent announcement from the “Know Your Options” website (sponsored by Fannie Mae) highlights the Home Affordable Refinance Program, (HARP) as an option for homeowners who are struggling to pay their mortgages.

The announcement includes the example of a retired Air Force officer who bought a home in 2007 in Sacramento, but who was reassigned to the East Coast.   Unable to sell his home in  a sluggish market, the homeowner found a renter, but was still losing about $1,000 a month.

While his original mortgage company wouldn’t refinance because he owed more than the house was worth (known as being “upside down”), he also spoke with a lender who offers the HARP loan, and was able to refinance his mortgage (at a rate that was almost 3% lower), saving about $760 a month.

The release explains that over 400,000 people obtained HARP loans during the first six months of 2012, making up about a third of the 1.5 million homeowners who have used HARP since the program began.

The loan needs to be owned by Fannie Mae or Freddie Mac to qualify for a refinance.  You can see if they own your loan using these two websites:

To read the original announcement, visit: “How Much Could HARP Save You?

You may also find our earlier post about the differences between a modification and a refinance helpful:

Refinance vs. Modification: What are the differences?

Foreclosure Help is a program funded by the city of San Jose through a HUD Community Development Block Grant and the city of Sunnyvale, and we can directly assist homeowners  and tenants in San Jose and Sunnyvale who are facing foreclosure.  However, we are unable to assist homeowners/former homeowners in other cities and states.  If you need housing counseling, we suggest using the interactive map on HUD’s website.

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 through a HUD Community Development Block Grant and the City of Sunnyvale at (408)-293-6000 or visit us: www.foreclosurehelpscc.org

Our housing 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.

Si usted es dueño de una casa en San José o en Sunnyvale y están luchando con su hipoteca, por favor póngase en contacto con ForeclosureHelpSCC, un programa financiado por la ciudad de San José y la ciudad de Sunnyvale, al (408) -293- 6000, o visite nuestro sitio: www.foreclosurehelpscc.org.Nuestros consejeros puede ayudarle a evaluar sus opciones, aprender más acerca de los programas federales y estatales que pueden ayudarle con sus problemas de hipoteca, y le ayudará a crear un plan para seguir.

Por favor, tenga en cuenta: Todos los contenidos incluidos en el blog ForeclosureHelpSCC se proporciona únicamente a título informativo y no debe ser considerada como consejo legal o fiscal. Si usted tiene alguna pregunta, por favor no dude en contactarnos a nuestra línea directa: (408) -293-6000, o visite nuestro sitio:www.foreclosurehelpscc.org o envíenos un correo electrónico: help@foreclosurehelpscc.org.

Nếu bạn là một sinh hoạt chủ sở hữu nhà ở San Jose hoặc Sunnyvale và đang đấu tranh với nợ nhà, xin vui lòng liên ForeclosureHelpSCC, một chương trình được tài trợ bởi thành phố San Jose và thành phố của Sunnyvale ở (408) -293-6000 hoặc truy cập trang web của chúng tôi: www.foreclosurehelpscc.org.

Nhân viên tư vấn của chúng tôi đã được HUD chấp thuận có thể giúp bạn đánh giá các lựa chọn của bạn, tìm hiểu thêm về các chương trình của liên bang và tiểu bang có thể giúp bạn với các vấn đề thế chấp của bạn, và sẽ giúp bạn tạo ra một kế hoạch phía trước.Xin lưu ý: Tất cả các nội dung trên Blog ForeclosureHelpSCC được cung cấp thông tin duy nhất và không nên coi là hợp pháp hoặc tư vấn thuế. Nếu bạn có bất cứ câu hỏi , xin vui lòng liên hệ với chúng tôi qua đường dây nóng: (408) -293-6000, hoặc truy cập vào trang của chúng tôi: http://www.foreclosurehelpscc.org hoặc gửi email cho chúng tôi:help@foreclosurehelpscc.org.

fair_housing_logo

FAIR HOUSING AND ANTI-DISCRIMINATION POLICY

It is the policy of ForeclosureHelp not to discriminate against any person because of that person’s race, color, religious creed, sex (gender), sexual orientation, marital status, national origin, ancestry, familial status (households with children under the age of 18), source of income, disability, medical condition or age. Color or “ethnic group identification” means the possession of the racial, cultural or linguistic characteristics common to a racial, cultural or ethnic group, or the country or ethnic group from which a person or his or her forebears originated. As required by law, we agree to take the affirmative steps needed to further fair housing.

ForeclosureHelp will consider any and all requests for reasonable accommodation in the application of its rules, policies, practices, and services, and in the use of its physical structures, in accordance with the requirements of state and federal laws. You can ask ForeclosureHelp to consider any reasonable accommodation you may have. Please consult with the Program Manager to request this accommodation.

Event Focuses on Stabilizing Homeownership after Foreclosures in California

First Time Homebuyers Losing to All Cash Investors

Street Corner in San Jose, California

Editor’s note: This is post #1 in a two-part series.  You can read part 2 here.

By Sean Coffey, Program Manager, Foreclosure Help

The California Housing Consortium recently sponsored the 1st Annual  Homeownership Forum.  The theme for the day was “Stabilizing Homeownership and Communities in the Post-Foreclosure World” and panelists and participants discussed current efforts to repair the housing market, while creating and retaining affordable housing.    To see the agenda and speaker slides, visit the CHC website.

Two themes emerged during the day:

1) While many potential homebuyers are ready (including first time homebuyers), engaged and excited to buy a home in the Bay Area, many of them are unsuccessful when they make offers right now because they are competing with all-cash offers from investors.

2) There is not one “single bullet” policy or program that will fix the housing market, but it will likely be a combination of programs, policies, and financing mechanisms, both from the public and private sector that will help the housing market to recover.

Repairing credit after an improper foreclosure?

One of the most interesting comments of the day came during a conversation with a fellow audience member when she asked me if there are any plans to assist homeowners with fixes to their credit reports if they were the victim of an improper foreclosure. I am not aware of this being included in the Independent Foreclosure Review, but it seems logical that if a homeowner’s credit was damaged because of an improper foreclosure, (and the bank admitted it was an improper foreclosure by paying compensation under the Independent Foreclosure Review), then the bank/servicer could also notify the three credit reporting agencies that the foreclosure proceedings were improper.

Upon receiving this information, the credit agencies could code the person’s credit report appropriately, and there should be a subsequent “bounce” in the person’s credit score, and a lower cost of credit for that homeowner.  Given the increased scrutiny that Experian, Equifax, and Transunion now face by the Consumer Financial Protection Bureau, this is an idea worthy of consideration, and could potentially restore some faith in the credit bureaus, who have faced criticism recently over errors in a substantial number of consumer’s credit reports.  (See our previous post on this topic: “New Report: 1 in 10 Consumers Have Incorrect Credit Score“)

FHA’s Role in “Healing” the Market

Carol Galante, recently confirmed as the Assistant Secretary for Housing/Federal Housing Commission, opened the day and cited the importance of FHA loans in helping to repair the market, with nearly four million FHA loans completed since the beginning of the crisis, with 80% of these loans made to first time homebuyers.

Galante is the FHA Commissioner, and she discussed efforts FHA is making or considering making to repair the market, including selling pools of loans where all of the loans are at least six months delinquent.  In this model, investors could purchase a pool of delinquent loans, and then work with homeowners to modify the mortgage to an affordable level.

She also cited FHA’s 203K loan, which allows homeowners to pay for repairs to a home using the mortgage that they are using to buy the home to also finance the repairs.  However, she noted that the current limit of seven homes could prevent non-profits from using the program, and suggested that lifting this limit could allow non-profits to use this loan more broadly.

Galante also touched on a few other hot topics, including whether pre-purchase counseling should be mandatory, and how to pay for it, and do it in such a way that it’s meaningful for potential homeowners.  Audience questions touched on a recent settlement where a bank disclosed that it had inappropriately given homeowners FHA loans (when they didn’t need them), as well as the difficulty that first-time homebuyers are having in competing against all-cash investors.

This is post #1 in a two-part series.  You can read part 2 here.

Related articles:

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 us: www.foreclosurehelpscc.org

Our housing 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.

Si usted es dueño de una casa en San José o en Sunnyvale y están luchando con su hipoteca, por favor póngase en contacto con ForeclosureHelpSCC, un programa financiado por la ciudad de San José y la ciudad de Sunnyvale, al (408) -293- 6000, o visite nuestro sitio: www.foreclosurehelpscc.org.Nuestros consejeros puede ayudarle a evaluar sus opciones, aprender más acerca de los programas federales y estatales que pueden ayudarle con sus problemas de hipoteca, y le ayudará a crear un plan para seguir.

Por favor, tenga en cuenta: Todos los contenidos incluidos en el blog ForeclosureHelpSCC se proporciona únicamente a título informativo y no debe ser considerada como consejo legal o fiscal. Si usted tiene alguna pregunta, por favor no dude en contactarnos a nuestra línea directa: (408) -293-6000, o visite nuestro sitio:www.foreclosurehelpscc.org o envíenos un correo electrónico: help@foreclosurehelpscc.org.

Nếu bạn là một sinh hoạt chủ sở hữu nhà ở San Jose hoặc Sunnyvale và đang đấu tranh với nợ nhà, xin vui lòng liên ForeclosureHelpSCC, một chương trình được tài trợ bởi thành phố San Jose và thành phố của Sunnyvale ở (408) -293-6000 hoặc truy cập trang web của chúng tôi: www.foreclosurehelpscc.org.

Nhân viên tư vấn của chúng tôi đã được HUD chấp thuận có thể giúp bạn đánh giá các lựa chọn của bạn, tìm hiểu thêm về các chương trình của liên bang và tiểu bang có thể giúp bạn với các vấn đề thế chấp của bạn, và sẽ giúp bạn tạo ra một kế hoạch phía trước.Xin lưu ý: Tất cả các nội dung trên Blog ForeclosureHelpSCC được cung cấp thông tin duy nhất và không nên coi là hợp pháp hoặc tư vấn thuế. Nếu bạn có bất cứ câu hỏi , xin vui lòng liên hệ với chúng tôi qua đường dây nóng: (408) -293-6000, hoặc truy cập vào trang của chúng tôi: http://www.foreclosurehelpscc.org hoặc gửi email cho chúng tôi:help@foreclosurehelpscc.org.

Helpful Resources if You’re Facing Foreclosure By Foreclosure Help SCC

By Sean Coffey, MPA, Program Manager of ForeclosureHelpSCC

As 2012 draws to a close, it’s worth taking a quick snap-shot of the past year.  Pete Carey wrote earlier this week in the San Jose Mercury News about the reduction in foreclosures during the month of November, and we hope that this trend continues.

We also want to highlight a few blog postings written for homeowners by the certified housing counselors who staff the ForeclosureHelpSCC program:

Time Sensitive issues for homeowners:

Independent Foreclosure Review:  The deadline for this program is December 31, 2012.  To learn more about this program (eligible homeowners could receive $500 to $125,000 plus lost equity), visit our earlier blog postings:

California Foreclosure Refund:  Also designed for homeowners who dealt with an improper foreclosure, but this program is limited to the big five banks.  The deadline for this program is January 18, 2013.  For more information, read our blog on it: California Foreclosure Refund Program, Part of the Attorney General Settlement

Keep Your Home California: Unemployment Assistance Program.  Aurora Olivares, one of the housing counselors who staffs the Foreclosure Help program, wrote an excellent overview of this program: “Unemployment Mortgage Assistance Program, Part of Keep Your Home California: How Does It Work?”  With recent estimates that 400,000 Californians could lose their unemployment benefits unless Congress extends them, it is particularly important for homeowners who are unemployed to get their applications in NOW while they are still receiving unemployment.  A homeowner WILL NOT qualify for Keep Your Home California Unemployment Assistance program unless they are receiving or are approved for unemployment benefits.

Mortgage Debt Forgiveness Act: This has not yet been extended, but we are hopeful that it will be tied into the current negotiations about the fiscal cliff.  For more information about why this is so important, visit: “Foreclosures in San Jose and Sunnyvale: Three Reasons Time is Not on Your Side”

General Resources for Homeowners from our blog this year (A big THANK YOU to the certified housing counselors from Asian Inc, Neighborhood Housing Services of Silicon Valley, Project Sentinel, and SurePath Financial Solutions for writing these posts).

1) Credit Repair, Credit Issues, Rebuilding Your Credit, Pulling Your Credit Report:

2) How to work with your bank when you are seeking a modification:

3. Advantages of Working with a certified housing counselor from a HUD-approved agency:

4) Renting after a foreclosure or short sale:   Help with rental assistance after a foreclosure – What’s out there?

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 or send us an email: help@foreclosurehelpscc.org.

Si usted es dueño de una casa en San José o en Sunnyvale y están luchando con su hipoteca, por favor póngase en contacto con ForeclosureHelpSCC, un programa financiado por la ciudad de San José y la ciudad de Sunnyvale, al (408) -293- 6000, o visite nuestro sitio: www.foreclosurehelpscc.org. Nuestros consejeros aprobados por HUD puede ayudarle a evaluar sus opciones, aprender más acerca de los programas federales y estatales que pueden ayudarle con sus problemas de hipoteca, y le ayudará a crear un plan para seguir.

Por favor, tenga en cuenta: Todos los contenidos incluidos en el blog ForeclosureHelpSCC se proporciona únicamente a título informativo y no debe ser considerada como consejo legal o fiscal. Si usted tiene alguna pregunta, por favor no dude en contactarnos a nuestra línea directa: (408) -293-6000, o visite nuestro sitio:www.foreclosurehelpscc.org o envíenos un correo electrónico: help@foreclosurehelpscc.org.

What is a Credit Report and Why is it Important to You?

Why is a credit report important?Editor’s note: If you haven’t applied for the Independent Foreclosure Review yet, there is still time, but the deadline is December 31, 2012.  For more information, visit our blog: Independent Foreclosure Review Deadline is December 31, 2012. Learn How to Apply Here.  Spanish: La fecha límite para La Revisión Independiente de la Ejecución Hipotecaria es el 31 de diciembre 2012. Aprender a aplicar aquí!  Or visit the website: www.independentforeclosurereview.com, or call the program: 1-888-952-9105

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

A credit report is more than a collection of financial information and statistics. A credit report displays and represents your financial picture.   A credit report is an accounting of how you have handled your past finances and debt and is a gauge of how you will continue to do so in the future. The credit report determines if you are credit worthy or may be a credit risk to those who offer credit (also known as creditors).  The credit report helps creditors decide who gets credit or who does not.

If you have been financially responsible in the past and have good credit, you probably don’t think twice about credit.  It is just there for you whenever needed.    However, if you have no credit or poor credit, managing your daily financial life may be difficult.

WHAT IS IN A CREDIT REPORT?

If you have never applied for personal credit, you probably don’t have a credit report history.  But, if you have applied for and used credit in the past, a basic credit report consists of your name, current and recent addresses, Social Security Number, date of birth and current and previous employers.  The report also displays each credit account registered in your name,  the date the account was opened, the credit limit on a credit card or loan, the payment terms, the balance owed, the monthly payment amount, and a record of your payment history (i.e., how many times you paid on time or were late).  This information is contained in your credit report even if you personally have not applied for credit but have agreed to be a co-signer or authorized user on someone else’s credit account.

TIP:   If you are a co-signer on a credit card or loan account, you are responsible for the debt if the other party fails to keep the monthly payments current.  If you are an authorized user, you are not responsible for the monthly payments or the balance due if the account is not kept current.  So, be VERY careful about agreeing to be a co-signer on an application for credit.

A credit report also lists each time you have applied for credit – these are known as ‘inquiries.’  By viewing the ‘inquiries’, creditors can determine if you have applied for too much credit or have been recently approved for additional credit. If the number of applications or approvals is too high, creditors may deny you if it appears you are trying to acquire too much credit too quickly.

TIP:  This can happen to new homeowners or young adults when they want to decorate a new home or apartment.  If you apply for and are denied credit, this may have a negative impact on your credit report and credit score.

WHAT IS NOT IN A CREDIT REPORT?

Information NOT contained in a credit report consists of checking and saving account balances, bankruptcies that are more than 10 years old, charged-off debts or debts placed for collection that are more than seven years old, gender, ethnicity, religion, political affiliation, medical history or criminal records.  Judgments generally remain on a credit report for 7 years from the date filed, whether the debt was paid or not.  If paid, the judgment entry changes from UNSATISFIED to SATISFIED but still remains for the required length of time.  Unpaid tax liens remain indefinitely.

NO CREDIT?  WHAT SHOULD YOU DO?

In the everyday world of credit, there are two types of credit cards and loans – Secured and Unsecured.

SECURED CREDIT CARD If you have poor credit or no credit and know you will have a need, you may want to apply for a secured credit card.   A secured credit card is an account in which you deposit your own money (generally a minimum amount) to be used for future credit transactions.   A secured credit card gives you the ability to use the money (up to a certain amount) as a credit card – i.e. charge movie tickets or order a pizza – until you can apply for a less restrictive unsecured credit card.  Most secured credit cards do not allow the total amount of money deposited into the account to be consumed by charge transactions.

The creditor retains a portion of the money as a ‘cushion’ to cover unexpected events, such as non-payment.  If your charges exceed the allowed amount, there can be substantial fees and penalties applied.  If you don’t keep the account in good standing, the creditor can deny future credit transactions you attempt to do.  Not a happy thought if you want to treat a friend to lunch and your card is denied!  In some cases, if the past due amount becomes too high; the account may be closed or suspended.  The account will continue to accrue interest charges, fees and may even be subject to collection action.  Most secured credit cards also carry annual expense fees.

TIP:   Secured credit cards physically look the same as unsecured credit cards.  There is no way of telling that your card is a secured card.  After a period of time if you have established a positive payment history and adhered to the secured credit card terms, you may apply for an unsecured credit card or loan.  There is no specific time period to do this.  Just be cautious about applying for too many cards.

SECURED CREDIT LOAN: This type of loan is used for high dollar purchases that cannot be paid in full each month – i.e. the purchase of a car or house.  This type of loan is for a specific dollar amount and time period.  If the loan payments are not kept current, the owner of the loan can repossess or take back the item – i.e. the car.  In this case, the car is security for the debt.   Generally without exception, a mortgage loan is secured by the property.  If the mortgage payments are not made, the mortgage holder will take the property in a foreclosure sale.

UNSECURED CREDIT CARD:   An unsecured credit card is a line of credit that is available to you with no restrictions (up to the credit limit), as long as the account is in good standing.   For example, if you charge the purchase of clothing on your unsecured credit card and you don’t pay the full or minimum amount by the Due Date,  the creditor will not repossess or take back the clothes.  However, the account could still be assessed fees and penalties and may be closed or suspended if the matter is not resolved.  Any past due payments will be recorded on your credit report.

UNSECURED CREDIT LOAN:    This type of loan can be for any amount and time period, but is generally not a standard product offered by creditors for large loan amounts.   Creditors want their loans secured by an item of value if there is a default on the account.  The best use of this loan type would be for personal loans among family members or friends where, if payments are not made, no property is attached to the loan and therefore there is no repossession.

TIP:  For most secure and unsecured credit card accounts, it is recommended that the full amount charged be paid in full each month to avoid interest charges and to assist in building a good credit history.  Keeping  any loan in good standing is a good idea.

HOW TO GET A COPY OF YOUR CREDIT REPORT?

On November 22, 2003, through the Fair and Accurate Transaction (FACT) Act, consumers were given the right to obtain a free copy of their credit report every 12 months from each of the 3 major credit bureaus.  These credit bureaus collect and analyze credit transactions for their clients (AKA creditors) i.e., banks, credit unions, and retail establishments for example.    The 3 major bureaus are:  Experian (www.experian.com, 1-888-397-3742), TransUnion (www.transunion.com, 1-800-916-8800), and Equifax (www.equifax.com, 1-800-685-1111).

To obtain a copy of your credit report or reports, you can contact the credit bureaus directly, visit their websites, or use the website:  www.annualcreditreport.com .  This website provides access to each credit bureau report.  A consumer can apply online for a single report or for all 3 reports at the same time.  There are companies who will help you track the contact and accuracy of your credit report for a fee.

TIP:  It is recommended that a consumer stagger their credit report requests every 4 months between each bureau.  In most cases, the same credit information is on each bureau’s report, but sometimes in a slightly different format.  By staggering the reports, a consumer can track activity over the time period as well as the contact of each report.

TIP:  Each time YOU look at your own credit report, there is no ‘inquiry’ activity recorded. However, each time you apply for credit through a third party, there is an ‘inquiry’ recorded.  So, if you apply for too much credit, the next third party you apply to will see the ‘inquiry’ activity and possibly may deny the application for credit due to excessive applications.  Also, there is a chance that the volume of applications may affect your FICO score.  BE CREDIT SMART!

WHAT IS A FICO CREDIT SCORE AND WHY IS IT IMPORTANT TO YOU?

Attached to each report is a credit score known as a FICO (Fair Issac Corporation) score.  The FICO score can range from 300 to 850, but the majority of scores usually fall within the 600s and 700s.  Your goal is to have the highest number possible based on your use of credit and the history contained in your credit report.  Each one of the credit bureaus has their own FICO score criteria.  A FICO score may differ between the 3 credit bureaus because not all creditors submit to each bureau.

A FICO score is a combination of many credit associated items.  Based on the type of credit, a FICO score is made up of the following percentages:

  • 35% for history;
  • 15% for length of credit;
  • 10% for newly acquired credit;
  • 10% for types of credit; and
  • 30% for amount of debt owned on credit cards and loans.   A few examples of what can lower a FICO score are:  late payments, too high of credit used against credit limit, past due payments, too many credit cards, judgments, collections, or too many applications for credit.

It is possible to obtain your FICO score by contacting each credit bureau for their process or at the www.annualcreditreportcom website, but there is a fee.  However, if you pay a credit reporting and tracking agency, you may be able to obtain the FICO score free of charge.

If you discover errors within your credit report, you should contact the providing bureau directly.  If they don’t correct the errors, you can contact the Consumer Financial Protection Bureau (CFPB) at 1-855-411-2372 or TTY/TDD 1-855-729-2372 and/or file a complaint with the CFPB at  http://www.consumerfinance.gov/blog/headline-now-accepting-credit-reporting-complaints/ ; or send a letter to Consumer Financial Protection Bureau, P. O. Box 4503, Iowa City, Iowa 52244.

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 or send us an email: help@foreclosurehelpscc.org.

Si usted es dueño de una casa en San José o en Sunnyvale y están luchando con su hipoteca, por favor póngase en contacto con ForeclosureHelpSCC, un programa financiado por la ciudad de San José y la ciudad de Sunnyvale, al (408) -293- 6000, o visite nuestro sitio: www.foreclosurehelpscc.org. Nuestros consejeros aprobados por HUD puede ayudarle a evaluar sus opciones, aprender más acerca de los programas federales y estatales que pueden ayudarle con sus problemas de hipoteca, y le ayudará a crear un plan para seguir.

Por favor, tenga en cuenta: Todos los contenidos incluidos en el blog ForeclosureHelpSCC se proporciona únicamente a título informativo y no debe ser considerada como consejo legal o fiscal. Si usted tiene alguna pregunta, por favor no dude en contactarnos a nuestra línea directa: (408) -293-6000, o visite nuestro sitio: www.foreclosurehelpscc.org o envíenos un correo electrónico: help@foreclosurehelpscc.org.

How Can the Consumer Financial Projection Bureau Assist You With Credit Reporting Issues? Our Blog Explains How.

Consumer Financial Protection BureauBy JoAnn Parrott, Housing Counselor at Project Sentinel, one of the members of ForeclosureHelpSCC.

WHAT IS THE CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)?

In July 2010, Congress passed and President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act.  Part of this Act created the CFPB which consolidates most Federal consumer financial protection authority into one place.  The services of the CFPG became effective on October 22, 2012.  The goal of the CFPB is:  watch out for American consumers in the market for consumer financial products and services.

HOW CAN THE CFPB HELP YOU WITH CREDIT REPORT PROBLEMS?

The CFPB can help with:

  1. Consumer reporting agency’s investigations,
  2. Incorrect credit report information,
  3. Improper use of a credit report,
  4. Assistance to get a copy of a credit score or report, and
  5. Problems with credit monitoring or identify protection services.

WHAT DO YOU NEED TO DO?

This step is covered under the Fair Credit Reporting Act (FCRA).  If you are experiencing any problems with your credit report, you should first of all send a letter to the credit bureau in question stating the complaint or error that needs to be addressed or resolved.  You must include copies of supporting documents as well as your complete name and address, and your letter should clearly identify each item in dispute.  You must request that the information be removed or corrected.  Send the letter by certified mail, ‘return receipt requested,’ so you can document that the credit bureau received the letter.

TIP:  Include a copy of the credit report with the error highlighted or circled and keep a copy of the letter and supporting documents.

If the credit bureau deems your complaint as legitimate, they have 30 days to investigate.  They must also forward the information you provide about the inaccuracy to the organization that provided the information.  The information provider must investigate, review the relevant information, and report the results back to the credit bureau.  If the information provider finds the disputed information is inaccurate, it must notify all the credit bureaus so they can correct the information they have in your file.

When the investigation is complete, the credit bureau must give you the results in writing and a free copy of your report if the dispute results in a change to your credit report.  This free credit report does not count as your annual free report.  If an item is changed or deleted, the credit bureau cannot put the disputed information back in your file unless the information provider verifies it is accurate and complete.  The credit bureau also must send you written notice that includes the name, address, and phone number of the information provider.

If you wish, you can request that the credit bureau send notices of any corrections to anyone who received your credit report in the past six months.  You can have a corrected copy of your report sent to anyone who received a copy during the past two years for employment purposes.

If the investigation doesn’t resolve your dispute or problem, you can ask that a statement of the dispute be included in your file and in future reports.  You also can ask the credit bureau to provide your statement to anyone who received a copy of your report in the recent past.  You can expect to pay a fee for this service.

A credit bureau can report negative but correct information for seven years and bankruptcy information for 10 years.  There is no time limit for reporting criminal conviction; information reported in response to your application for a job that pays more than $75,000 a year; and information reported because you’ve applied for more than $150,000 worth of credit or life insurance.  In general the seven-year reporting period runs from the date that the event took place.

WHAT IF THE PROBLEM IS NOT FIXED?

If the problem is not resolved, you can:

  1. Contact the CFPB at 1-855-411-2372 or TTY/TDD 1-855-729-2372;
  2. File a complaint with the CFPB at  http://www.consumerfinance.gov/blog/headline-now-accepting-credit-reporting-complaints/ ;
  3. Send a letter to Consumer Financial Protection Bureau, P. O. Box 4503, Iowa City, Iowa 52244.

You may also enjoy reading our previous blog post, “Rebuilding Credit After a Short Sale”  en español:  “Mejorando El Credito Despues De Una Ejecución De Hipoteca O Venta Corta”

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 or send us an email: help@foreclosurehelpscc.org.

Si usted es dueño de una casa en San José o en Sunnyvale y están luchando con su hipoteca, por favor póngase en contacto con ForeclosureHelpSCC, un programa financiado por la ciudad de San José y la ciudad de Sunnyvale, al (408) -293- 6000, o visite nuestro sitio: www.foreclosurehelpscc.org. Nuestros consejeros aprobados por HUD puede ayudarle a evaluar sus opciones, aprender más acerca de los programas federales y estatales que pueden ayudarle con sus problemas de hipoteca, y le ayudará a crear un plan para seguir.

Por favor, tenga en cuenta: Todos los contenidos incluidos en el blog ForeclosureHelpSCC se proporciona únicamente a título informativo y no debe ser considerada como consejo legal o fiscal. Si usted tiene alguna pregunta, por favor no dude en contactarnos a nuestra línea directa: (408) -293 -6000, o visite nuestro sitio: www.foreclosurehelpscc.org o envíenos un correo electrónico: help@foreclosurehelpscc.org.

Lee nuestros otros blogs en ​​español:

¿Por Qué Trabajar Con Un Consejero de Casa?

5 Programas importante para los propietarios de California

Help with rental assistance after a foreclosure – What’s out there?

By Yvonne M. Castillo, Housing Counselor at SurePath Financial Solutions, one of the members of ForeclosureHelpSCC.

What’s out there for me to rent?” and “where to do I begin to research rentals?”With more people becoming displaced as a result of foreclosures, short sales or because of deeds-in-lieu of foreclosures, these questions are being asked by many, many people.

One place you can go to begin your search is at www.scchousingsearch.org. It is a very informative website to search for rental housing in Santa Clara County.  It provides information on various types of rentals including, apartments, townhomes etc. This website can help you find available rentals in different cities throughout Santa Clara County.  You can also call and speak with a live person who will assist you in looking for a rental- call Toll-Free: 1.877.428.8844.

Before you begin your search, it is a good idea to know what size rental you are looking for and how much you can afford to spend on rent. If you are looking to rent something larger such as a house, you can also check out websites such as www.zillow.com or www.craigslist.org. At www.craigslist.org you can tailor your search to different areas of the bay area.

Before you begin your search it is important that you review your credit history and score as a credit evaluation is required with most rental applications. You can order your credit reports from the three bureaus: Experian, Equifax and TransUnion through www.annualcreditreport.com.  Under the Fair Credit Reporting Act, each one of the three agencies (Experian, Equifax, and Transunion) is required to provide you a free copy of your report once a year.  While you are ordering your reports it is a good idea to purchase your credit score.  Your credit report is free but the scores have to be purchased- the fee is around $8.00 per score.

Check to see what is listed on your reports and also what your scores are before you submit a rental application to a landlord or property management company. You want to check for any unpaid debts or judgments within the last two years. If your credit report does have recent unpaid debts you can contact a HUD-approved credit counseling agency such as SurePath Financial Solutions to receive a free consultation to review options on improving your credit.

Note: If your report does show a foreclosure it will remain on your credit report for seven years but, the effects of the foreclosure will lessen with time – refer to the My FICO website.

With so many people seeking rental housing these days, landlords and property management companies can be very selective regarding whose applications they approve. Each landlord or property management company has their own set of guidelines to follow in order to approve an application. For example, a landlord or property management company may require a credit score of 650 or higher and your gross income to be two to three times the monthly rent. Some may require no recent bankruptcies and no convictions for specific criminal activity etc.

If you have a foreclosure or short sale on your credit report, it may be better to mention it to your potential landlord before they pull your credit report.  They may be willing to still rent to you if you put down a larger deposit, or if you have good references.  Or, if they tell you that they absolutely will not rent to somebody with a foreclosure or short sale, then you can save the fee that you will pay for them to pull your credit report.

Landlords will also check for recent unpaid debts or unresolved judgments and if you’ve been evicted from previous rentals or foreclosed homes. If you have recently paid some outstanding balances, it might not show on your credit report right away. If the updates are not reflected on the credit report, make sure to mention it with your application, so you can show proof of resolved debt issues and that may help you through the rental process.

Be prepared to pay a non-refundable fee of approximately $20-$35 per person in the application, for them to run your credit report.  If you are approved, you will be asked to pay a security deposit, first and/or last month’s rent. Some landlords or property management companies may consider a larger security deposit to allow for pets and they may request all adults over the age of 18 who will be living in the home to fill out an application.

If you do not qualify for a rental, some property management companies will send you a copy of your credit report they requested and will include the reasons why you did not qualify.

If you do not immediately qualify for a rental then another strategy is to see if you can possibly rent a room (www.craigslist.org also has listings from room rentals) or stay with family or friends for a short term while you find a more permanent housing. The qualification for renting a room might be simpler compared to an apartment, but you will still need to provide proof of income, a security deposit and possibly referrals from previous landlords. The option of renting a room will give you some time to increase your savings, pay off some debts and work on improving your credit so later you qualify to rent a place on your own.

One thing the rental application does not list but you will definitely need is a lot of is patience. You will need patience as you search for and apply for a rental because more people are looking to rent now. You will also need patience while working on improving your credit. As mentioned before, it may take up to 45 to 60 days for your credit report to reflect activity such as paying off debts. As stated above, if you would like information and assistance improving your credit, you can contact a HUD- approved credit counseling agency for a free consultation. Then, the next time you submit a rental application you will have a better chance of qualifying for the rental you are seeking.

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 or send us an email: help@foreclosurehelpscc.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

Rebuilding credit after a Foreclosure or Short Sale

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

Building and maintaining credit is frequently on the minds of homeowners here in San Jose and Sunnyvale.  It’s no secret that your credit takes a hard hit during and after a foreclosure or short-sale.  Once you are more than 30 days late on your mortgage, it will be reported on your credit report, and your credit score will be impacted negatively. To learn more about how a foreclosure, a short sale without a deficiency, a short sale with a deficiency, and a bankruptcy impact three typical homeowners, read the FICO Banking Analytics blog posting: “Research looks at how mortgage delinquencies affect scores.

As homeowners are unable to pay their mortgage or secure a workout with their lenders, they may fall further behind on their payments, and their credit report will worsen.                 A homeowner’s credit is impacted throughout this progression until the entire delinquency is resolved.

Let’s fast forward.  What happens after someone goes through the foreclosure process? 

The foreclosure proceedings are reported to the credit bureau by your lender and will be noted on your credit report for the next 7 to 10 years.  However, this doesn’t mean that you can’t re-build your credit after a foreclosure or short sale and become a homeowner again.

Here are 5 tips on how to rebuild your credit so you can prepare yourself if you decide to purchase a home in the future or need to apply for other types of credit after going through the foreclosure process.

  1. Pay your debts on time.  Paying your minimum monthly payment on time will reflect positively on your credit report.
  2. Keep low balances on your credit cards.  If you have a credit card with a revolving balance, try to keep the balance at about 30% or less of the overall credit limit for that account.  For example, if your credit limit is $10,000, you should try to keep your balance below $3,000.
  3. Pay more than your minimum monthly payment.  By simply paying $1 more per month than your required minimum payment, it will register positively on your credit score.  It could be $1 or $100 more than minimum amount you are being billed.  Use this method to maximize your ability to pay off debt faster and start to rebuild your credit.
  4. Keep your older credit accounts open.  The longevity of an account plays a role on how your credit score is calculated because potential lenders like to see that you have a history of using credit and paying your bills.  Therefore, if you close an older account, it’s going to negatively impact your credit score.  If you need to close credit accounts, consider eliminating newer accounts first.
  5. Avoid quickfix schemes.  Claims to be able to fix your credit in less than 90 days may not be the most dependable outlets.  If it sounds too good to be true, it probably is.  If you decide to seek professional assistance to help resolve your credit issues, make sure they are a reputable organization.  One quick way to research if an organization is providing legitimate credit counseling assistance is to see if they belong to the National Foundation for Credit Counseling, a nonprofit, membership organization which holds its member agencies to high standards.  Visit their website: www.nfcc.org to learn more or to find a credit counseling agency close to you.

In conclusion, rebuilding your credit report and score after a foreclosure or short sale will take time and dedication and there are no “quick fix” schemes to fix your credit.

If you haven’t already, you may want to obtain your free credit report. And a reminder from the Federal Trade Commission: AnnualCreditReport.com is the ONLY authorized source for the free annual credit report that’s yours by law. The Fair Credit Reporting Act guarantees you access to your credit report for free from each of the three nationwide credit reporting companies — Experian, Equifax, and TransUnion — every 12 months.

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

Refinance vs. Modification: What are the differences?

By Yvonne Castillo, Housing Counselor at SurePath Financial Solutions, one of the members of ForeclosureHelpSCC

With the housing crisis all around us in San Jose, Sunnyvale, and other cities in Santa Clara County, we hear some buzz words over and over, words such as foreclosure, modification, refinance and short sale. As a HUD-approved housing counseling agency, we often hear questions about the differences between modification and refinance, and which one is the best one to choose. The information below explains some of the main differences between these two options.

REFINANCE
What is a refinance?  A refinance is a new loan that you take out to pay off your old loan. A traditional refinance will require you to have equity on the property (up to 20%) to request a new loan.

Reasons why people refinance:  There are many reasons you may want to refinance your existing mortgage. For example, you may do it to lower your payments or interest rate. Or, to consolidate your 1st and 2nd mortgages, to extend or shorten the length of your mortgage, to change lenders, or to add or remove someone from your existing mortgage.

What happens when you refinance?  It is similar to the process of when you received your original mortgage. Because this is a new loan, you will receive a new loan number and your new loan may have different terms than your old loan.

Before you contact a lender to consider refinancing you should order your credit reports from Experian, Equifax and TransUnion (consider using Annual Credit Report to get an idea of the information included in your credit report). Generally speaking, the higher the credit rating you have, the better an interest rate you can qualify for, and the more money you will save. You will also need to show sufficient income to afford the new payments as well as your household expenses.

Unemployment and temporary disability benefits are considered temporary forms of income. Therefore, they are not acceptable forms of income when refinancing. You should also be current on your mortgage, car and credit card payments for approximately the past twelve months when considering refinancing as an option to remain in your home.

What costs are involved in a refinance? When refinancing there can be origination, processing and closing costs. Some lenders may waive some of these fees by including them into the loan balance. Check with your lender about any up-front or financed cost involved.

What if I do not have equity in my property? If your property is worth less than what you owe and your loan is owned by Fannie Mae or Freddie Mac, you may want to learn more about the Home Affordable Refinance Program, also known as HARP. This is one of the federal programs to assist homeowners to refinance their loans even if they don’t meet the equity criteria. You can learn more about the program on the Making Home Affordable website.

MODIFICATION
What is a loan modification? It is a temporary or permanent change of the terms of the current mortgage agreement that is usually requested to make the mortgage payments more affordable.

What is the main reason why people request a loan modification? The main reason to consider a loan modification is to have more affordable mortgage payments and remain in your home, especially if you do not qualify to refinance your mortgage. You have to be experiencing a financial hardship which has made it difficult to make your current mortgage payments or missed one or more of your mortgage payments. It’s important to note that banks and servicers do not consider it a financial hardship if your only reason to modify your loan is because you owe more on your mortgage balance than the home is currently worth (also known as being “upside down”).

What terms can be changed in a modification? When receiving a loan modification you will keep your current loan number but some of the terms on your mortgage will be modified. This could include lowering your interest rate, or modifying an adjustable rate mortgage (where the interest rate varies) to a fixed rate mortgage where your mortgage payments and rate will remain fixed for the life of the loan. In some modifications, the interest rate is lowered for a few years (for example, a modification under HAMP can go as low as two percent), and then gradually increases over the course of a few years.

Will my payments be lower with a loan modification? For many households the loan modification has allowed them to reduce their mortgage payments and bring their loan current. However, it is important to note that if your current loan is an interest only loan, then changing it to a fully amortizing loan (where you are paying interest and principal) could result in an increase of your mortgage payment. However, banks and servicers can address this issue by lowering the interest rate, or lengthening the life of the loan (for example from 30 to 40 years).

In some limited cases, a loan modification may reduce or defer the balance owed. The homeowner may have a wish list of how they want their bank or servicer to modify their loan, but ultimately it is up to the bank or servicer (and sometimes the investor(s) who own the mortgage) whether or not they will modify the loan, and if so, how the terms will be adjusted.

Are there costs involved with a loan modification? Generally, there is no origination, processing and closing costs included when doing a loan modification. However some lenders will charge a small loan modification fee that is added to the balance of your loan and disclosed in the loan modification documents.

What information will be reviewed in a loan modification? Your bank or servicer will require a complete financial disclosure to evaluate the possibility of granting a loan modification. Information regarding your household income and expenses, amount of debt, proof of income, reason of the financial hardship, debt to income ratio etc, will be required to evaluate your modification request. If you have stopped making your mortgage payments, your bank or servicer will review if the non-payment is a result of the financial hardship. The bank will also want to see that there is a sustainable action plan going forward that will allow you to have sufficient income to continue paying your modified mortgage.

If you are a homeowner living in San Jose or Sunnyvale and want to know if either of these options will be applicable to your case 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. HUD approved counselors are available to provide free counseling sessions that will help you review your finances and evaluate the options for you.

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