Five Reasons Working With A Housing Counselor is Better Than “Going Alone”

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

Did you call your mortgage company because you are having problems with your mortgage payment? If you live in the state of California you were given the phone number for HUD (HUD stands for The U.S. Department of Housing and Urban Development), a requirement under California law. (This requirement was included in Senate Bill 1137 which was passed in 2008 and is set to expire in January 2013).

If you called that number, you were likely referred to a local HUD approved agency where you can receive free housing counseling services. Many folks wonder about what the benefits may be to working with a housing counseling agency.

Here are my top 5 reasons to work with a housing counselor at a HUD-approved agency:

  1. Honest Advice: A housing counselor will help you by assessing your situation. We will talk to you about the good and the bad with an unbiased opinion, but we bring the background knowledge of the best practices and we uphold the national Industry Standards for Homeownership Education and Counseling. In addition, we have worked with many homeowners, banks, and servicers, and this experience means we know how to keep the process moving forward, and we know the programs that may help your situation.
  2. Explanation of bank letters: A certified housing counselor can help you dissect the terminology used in the correspondence issued by your lender and in the paperwork of the loan modification process. While a bank or servicer may say your loan is “going into foreclosure,” we can help you understand what the actual timeline is for foreclosure and how to look out for important things like a Notice of Default. Understanding letters from your bank or servicer can be especially beneficial for non-English speaking homeowners.
  3. Your Budget: A counselor will work with you to review your budget. Counselors can provide budget counseling and calculate your housing ratios so you understand your ability to afford your mortgage and explain how these same ratios could impact your eligibility for assistance. For example, a counselor can review your income vs. your housing expenses and explain to you how that will impact your eligibility for a program like Making Home Affordable.
  4. Communication with your Bank or Servicer: Have you submitted paperwork to your bank or servicer multiple times, or called your designated representative but were not able to speak to them? While these types of issues can’t be completely eliminated, a certified counselor may have a reliable contact with your lender or have an efficient method of submitting your documents which can help smooth out some of the bumps along the way during the lender’s review.
  5. Resources: We provide you with resources. Did your lender tell you if you were eligible for the Keep Your Home California program? (English Website for Keep Your Home California, Spanish Website for Conserva Tu Casa California) Were you advised if you are a good candidate for a reverse mortgage? Did your lender tell you about an up and coming program your county may be working on to aid homeowners in distress or where you could go to get the much needed repairs to your home? Odds are you were not told about some of the resources that are right in your own back yard. We are local, just like you and we know what programs are truly out there to help the community we live in.

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

Foreclosures in San Jose and Sunnyvale: Three Reasons Time is Not on Your Side

By Sean Coffey, MPA, Program Manager of ForeclosureHelpSCC

In a famous Rolling Stones song, Mick Jagger told us that “Time is on My Side.” However, this is NOT the case if you are having trouble paying your mortgage here in San Jose or Sunnyvale, California. While you have probably heard stories of people not paying their mortgages for a long time and remaining in their home, these stories are the exception, not the rule.

In today’s post, we are going to review three “time issues” that homeowners should consider if they are having trouble paying their mortgage:

1. Foreclosure timeline in California: Once you miss your first mortgage payment, it will be reported on your credit. However, it isn’t until after you miss your second mortgage payment that your bank or servicer can file a Notice of Default. This is the first step in the foreclosure process. While it is serious, you still have at least 90 days after the Notice of Default is filed before you could receive a Notice of Trustee Sale. During that 90 days, you can bring the mortgage current or work with your bank on an arrangement like a modification or repayment plan.

After the 90 days has passed, then your bank or servicer can send you a Notice of Trustee Sale. A Notice of Trustee Sale tells you that the home is going to be sold in three weeks. These are the minimum time frames allowed by law. Your bank or servicer may move slower than these time-frames, but they can’t move any faster.

An important note: the Notice of Default and Notice of Trustee Sale are both public record, so you may be contacted by people who want to “help.” I’m biased, but based on our experience cleaning up after these “experts,” I would be very wary about accepting help from people that call you. In fact, in California, it is illegal to charge an up-front fee for a loan modification.  Instead, if you’re here in San Jose or Sunnyvale, call ForeclosureHelpSCC (408-293-6000), where we can set up an appointment for you to meet with a trained housing counselor from one of our four HUD-approved counseling agencies. We are funded by federal and local grants, so we do not charge the homeowner for our services.

2. The Mortgage Debt Forgiveness Act is currently set to expire at the end of 2012.
Earlier this month the Los Angeles Times reported on a topic that has many people in the housing world concerned: “Mortgage debt relief may bring new pain: a tax bill.”  The Times explained that a law passed in 2007- The Mortgage Forgiveness Debt Relief Act is set to expire at the end of the year. Prior to enactment of this law, if you had a foreclosure or a short sale, the difference between what you owed and what the house ultimately sold for (at auction or via a short sale) was considered taxable income. The same issue would apply for principal reductions. For example, if you had a mortgage balance of $450,000, but short-sold your house for $400,000, then the $50,000 difference would have been considered income by the IRS. However, under the Mortgage Debt Forgiveness Act, that income has been exempted.

As the Times notes, many of the new settlements, like the Attorneys General settlement, include principal reduction, and much of the relief isn’t slated to begin until 2013. Kevin Stein from the California Reinvestment Coalition pointed out that the relief offered under these settlements won’t be nearly as meaningful if homeowners are being taxed on it.

While there is legislation pending to extend the debt forgiveness, nobody knows for sure what will happen. If an extension is not put in place, homeowners who already face difficult financial situations could find themselves facing a large tax bill.

3. Independent Foreclosure Review Program This is the third “time issue” for San Jose and Sunnyvale homeowners to consider. In our earlier blog post, we explained the details of the Independent Foreclosure Review for homeowners who dealt with issues related to robo-signing from 2009-2010. The deadline to apply for this program is December 31, 2012.

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

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

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.