Octomom is Under the Magnifying Glass, However She is No Different from Other Foreclosure Victims

Octomom ForeclosureForeclosure victims often are not victims. A majority of them have simply overspent, or mishandled their funds. Very few foreclosure victims have no one else to blame but themselves.

Octomom is a great example of a pattern I see in numerous foreclosure cases that come across my desk. A classic mishandling of funds, mixed with entitlement victim mentality, and not being perceptive, are some of the causes.  Another cause is an unrealistic balancing of personal budgets which leads them into foreclosure.

Often I can walk through a foreclosing home days before it gets auctioned off, and calculate enough items the homeowners could have sold to save their homes, before they fell so far behind.

The true victims are the neighbors whose home values have plunged due to the foreclosing neighbor. As the foreclosing home owners haven’t paid their mortgage payments for months, their neighbors who diligently paid their mortgages, have their homes fall further underwater. This is to the point now where most folks are not eligible to refinance, even though they have perfect credit, and have paid their mortgage on time for years.

It is time to start placing the blame on the foreclosing neighbor that has a housing slump, and not the banks or financial institutions, for falling house prices.  A lot of times the foreclosing property owner will just keep postponing their foreclosure which drives the housing market down even further!

Octomom spent her mortgage money at the hair salon on expensive Brazilian blowouts , and other items such as cable, and internet, that were not necessities.

Profiling several foreclosure victims over the years, I often see they have bloated life styles with large cable, internet, cell phone packages, gardeners, newer cars, nice electronics, over furnished homes, collectibles, the list goes on. When I explain to them to reduce their luxury items, cancel services, sell items, and save money,  their argument always is they need the items for their job search, or they are too busy searching for a job to do it. Never the less, I never see them looking hard for a job, but are indeed spending more time being in denial.  Examples can be anything from wasting their time on Facebook, chatting on internet sites, watching TV, and playing online games, internet dating, or basically doing anything to avoid reality.

A second trait I see they have more mouths than they can afford to feed by choice. In the Octomon case she has more kids than she can afford. I often see foreclosed victims have pets that they can’t afford, and these pets eat more expensive food than myself. When chatting with family members, I always find out prior to going into foreclosures when times were good, they always took their friends out for dinner and picked up the tabs at lavish restaurants,  They even bought expensive gifts for loved ones for the holidays, rather than having kept up with their mortgages, or put money away in a rainy day fund. They also have had a hard time exonerating expensive habits, such as novelty food items; Starbucks coffee, bottled water, freshly squeezed boutique juices, expensive packaged meals from the freezer aisle, fine wines, or cigarettes.

People who are not in denial of their financial situation would change their habits and be proactive. In taking the initiative, they sell their homes and belongings to keep a roof over their heads. Homes do not get foreclosed on over night. It takes months before the banks auction off a home, and often this situation is viewed as a last resort. Most foreclosure victims didn’t pay their mortgage for five months to several years, having enough time to rectify the situation if they really wanted to.  They could do this by simply short selling, working an agreement out with the banks, getting a job, selling off items to pay the difference, getting renters, and cutting their budget. There are many options that could have kept them from being a victim if they chose to be smart about it.

The true victims are the neighbors who can’t refinance, who have good credit, and pay their mortgage on time. Not the irresponsible foreclosing home owner, who expect that the next “housing gimmick” will bail them out.

We Answer Confused Homeowners Questions About HARP 2

HARP 2 Refinancing

Harp 2 has confused homeowners seeking refinancing which have led to the outpour of question from our readers.  Below are some of the answers to the common questions our readers were asking about HARP 2 and refinancing.

 


Am I required to refinance with the same lender I did my original loan?
Under HARP 2, you’re not required to refinance your mortgage with the same lender who’s currently servicing it.
Smaller lenders seem to be more willing than some of the larger ones to do HARP refinances on mortgages they did not originate. Mortgage brokers, who work with multiple lenders, have it easier in helping you identify other lenders who may be willing to take on your loan.

 

Can you refinance an investment property or a second home under HARP 2
Yes you can use the HARP 2 program to refinance underwater or low-equity mortgage on either a second home or an investment property of 1-4 units, as well as on your primary residence.

 

Why only Fannie and Freddie mortgages qualify for HARP 2
HARP 2 is limited to Fannie and Freddie loans  because both companies fell in government receivership during the market crash. Because of this the government can tell them what rules to follow when refinancing mortgages. Since HARP 2 is run through Fannie and Freddie, it can’t be used to refinance mortgages backed by strictly private lenders.

 

Can you qualify for Harp 2 if you have a VA or FHA loan?
Sorry, not under Harp 2. But there is help if you have a VA or FHA loan, you may be able to do a streamline refinance without an appraisal.

 

How do I know if I qualify for the HARP 2 loan?
There are many factors but here are some basics: If you’re loan is currently owned by Fannie Mae or Freddie Mac (we are not talking who you pay your loan to) , the loan was originated before May of 2009, you’ve made your last 12 mortgage payments on time with maybe just 1 30 day late payment and can verify your income, you should qualify. You most likely will not need an appraisal because the program has no limit to the loan to value or combines loan to value.

 

For HARP 2 what documents are needed?
It’s a full doc loan. Tax returns, W2′s, bank statements, pay stubs, etc.

 

Do you have to have good credit for HARP 2 loan?
Credit is checked but they are mainly concerned with the last 12 months of mortgage payments

 

What fees are associated with HARP 2?
Nothing extra to you except that the rates will be slightly higher than “normal” loans.

 

Can you qualify for HARP 2 if you are in an arm?
Yes

 

What are the consumer benefits of HARP 2 for consumer?
Cheaper mortgage payments!

 

If you are unemployed do can qualify for HARP 2?
No

 

Can Harp 2 loan be for people who are not underwater?
Yes, again, speak to a qualified mortgage broker that can determine the best route for your situation.

 

Is Wells Fargo and other major banks starting harp 2 now?
You do not have to go back to your current mortgage provider (Wells, BofA, etc.). In fact, they may be the hardest place to go to since they are a big bureaucracy. Contact a mortgage broker who will evaluate your situation and put you in the best program. They will be with you every step of the way


When will HARP 2 Expire?
HARP is presently set to expire after Dec. 31, 2013.  For more information, visit the Fannie Mae or Freddie Mac web sites at www.Fanniemae.com or www.Freddiemac.com.

 

Is your building ADA compliant? And why it is important to follow ADA guidelines for buildings and facilities.

For commercial property, facility managers and building owners it can be confusing to understand ADA Guidelines however with the right help ADA can be simple.

ADA, stands for American with Disabilities Act a law passed in 1990, ADA Consultant such as Bassam Altwal, Assoc. AIA, CASp is the principal at Cal Accessibility can simplify the process and make sure the facilities follow ADA guidelines and lower the risk of getting fined or even worse having a costly lawsuit.

We had a chance to sit down with Bassam and ask him some questions to understand better what he does and why it is important to make sure your business meets ADA guidelines. Below are some of his answers.

Why does a building need to be ADA compliant?
18% of the national population of the USA is permanently disabled. An additional 8% is temporarily disabled (accidents, medical procedures, etc.). Disabled are the largest minority group in the country and if you add 13% of the population are over the age of 65 (that use accessibility services) the demography becomes much more significant. The disabled demographic command $175 billion in discretionary spending – double the figure for teenagers.

It is not just the disabled – we will all age, living significantly longer and generally healthier lives but we cannot escape the frailties of aging. A senior who has no difficulty getting about on the flat may find a short flight of steep steps insurmountable but may not admit it to anyone and go elsewhere with their business. The advance guard of the aging Baby Boomers are already beginning to enter this stage of life ensuring the growth of this market segment for decades.

If you have had to go anywhere with toddlers or a stroller, pulled a roller suitcase into a hotel, carried a heavy or bulky package into a building or helped a senior get about for more than half an hour you already appreciate that , ADA Accessibility also makes moving around a lot easier for even the young able-bodied.

If you buy or lease a commercial building can we presume the previous owners or tenants made it ADA compliant?
While many people are aware of the ADA, which was passed into law in 1990, even those whose properties, facilities or businesses are directly affected by it have an incomplete understanding of its requirements and so are exposed to the risk of civil penalties and private lawsuits. Some of the more common misconceptions are what people think is “grandfathered” conditions, not so.

Well, not only is it the Law to comply with ADA it also makes perfect commercial sense for owners and their tenants to cater to such a significant number of potential customers. If the carrot of almost 40% demography and Tax rebates is not sufficient consider  Civil penalties up to $55,000 for a first and $110,000 for each subsequent offence may be imposed through Department of Justice enforcement, or $4,000 up to $12,000 per access violation plus attorney’s fees through the California Civil courts (Unruh Civil Rights Act), in California alone over 12,000 private suits have been filed under the ADA, (one lawyer in Sacramento filed 300 law suits) typically these actions seek not only to have infractions corrected but also an award of monetary damages to the plaintiff. The cost of settling either in court or out of it will far exceed the cost of paying for any remediation. California accounts for 42% of all ADA litigation nationwide.

How can business owners ensure compliance and reduce chances of getting sued?
Businesses should hire a  certified access specialist (CASp), who is a person business owners can be assured has been tested and certified by the state as an expert in disability access laws. SB 1608 (State Bill)   sets up a process whereby business owners can voluntarily hire a CASp to inspect their buildings to ensure compliance with disability access standards and obtain an inspection report as proof they did so.

If a business owner does get sued, how does SB 1608 help to encourage early resolution of the lawsuit?
Even when businesses have reduced their chances of a lawsuit by hiring a CASp to ensure their building is in compliance and posting their CASp sign, unfortunately, there is never a 100 percent guarantee of not getting sued; however, SB 1608 gives CASp-approved businesses some tools for helping to resolve unnecessary litigation and encouraging early resolution, like for example businesses that have been CASp-inspected before being sued — and only those businesses — are entitled to request a 90-day stay of the lawsuit and an Early Evaluation Conference (EEC).

Who enforces ADA ?
The Department of Justice, the ultimate enforcement agency of the ADA, it encourages businesses to assess what needs to be done and then to have in place plans, procedures and policies to guide implementation. In other words enforcement does not insist on complete and immediate compliance regardless of cost. On the other hand doing nothing or taking half-hearted, slipshod measures are an invitation to lawsuits and substantial penalties and costs. The other entities to enforce the ADA are private citizens through their lawyers and the court system by filing a lawsuit.

What other information can you give us?
Don’t delay taking the first crucial step on making sure business property or facility meet ADA guidelines. It is the Law, Engage a qualified CASp firm to do an ADA survey of your premises and give you a confidential report of findings, solutions and estimates to base your implementation plan on; make sure the firm is qualified and have the proper insurance and experience. Get ready to welcome the Disability Demographic who will welcome your changes.

For more information please contact
Bassam Altwal, Assoc. AIA, CASp is the principal at Cal Accessibility. (A full service ADA consulting in the San Francisco Bay Area, California. bassam@calaccessibility.com (415.310.3010))


ADA Consultant

 

HARP 2, Help For Homeowners Who Are Underwater: Interview with CEO Fred Glick of U S Loans Mortgage LLC, U S Spaces, Inc & and on the Board of Directors of NAIHP.org

Recently we had the opportunity to talk to Fred Glick about Harp 2 and underwater home owners it will benefit.Harp 2

Few would dispute that Fred takes it on himself to be one of the leaders in fighting and lobbying for a more ethical mortgage and real estate industries.

A seasoned mortgage and real estate professional he manages a commanding position in the industry and has been on CNBC, NPR and has been quoted in numerous publications, voicing his views at the White House and Congress to see positive change in the industry and push out the unethical brokers who have shady practices.

He recently with others helped bring forth HARP 2. A mortgage loan where homeowners that are underwater who could not refinance before will benefit.

JL: With HARP 2 now in place what developments do you see ahead in the housing industry?
FG: With people’s ability to refinance homes instead of having them go to foreclosure, people will stay in their neighborhood, spend money locally and make their communities better so prices can stabilize or go up.

JL: Analysts and Regulators are saying they expect 1 million more refinances then would have closed under HARP, with an average loan balance of $150,00 to $175,00 do you agree with this?
FG: Hard to say but if properly marketed, that could be a good number

JL : Does the consumer need to worry about deadlines to refinance under HARP 2 ?
FG Yes. They must do it by the end of 2012. Rates are ridiculously low now so why wait. Also, I am sure people are paying very high rates that will be eligible for these loans because they have to have been originated before May 2009.

JL: Lenders have been fond of adding fees to HARP loans called by Fannie and Freddie “loan level price adjustments” which where averaging 2%. I hear under HARP 2 the fees are reduced to 0% on loans 20 years or fewer, and 0.75% for mortgages for more than 20 years and for ARMs
FG: That is correct. That makes the rates not too high.

JL: Daily Properties readers have probably read one of many of the stories reporting on mortgage brokers and mortgage companies’ fraudulently adding extra fees to loans, how a consumer can tell if the fees added to their loan are fair and not illegal.
FG: In the beginning of their transaction, there is a good faith estimate. Brokers and lenders are locked into those fees.

JL: What if a loan is not owned by Freddie or Fannie?
FG: As of right now, there are no programs but the President has just announced generically, a program he wants to start. Details will follow. But, if you have an FHA loan, you can possibly get what is called a streamline loan to lower your rate.

JL: Will people who defaulted on their mortgage be able to get help under HARP 2?
FG: No. You must be perfect in your payment for the last 6 months and have had no more than one 30-day late in the last 6 months.

JL: Is there any other information consumer should know about HARP 2?
FG: You do not need to go back to your current servicer. If your loan is with Wells Fargo, Bank of America, Chase, Citibank, etc., you are not required to go to them. As a matter of fact, it might be harder since they have call centers with registered but not licensed people handling your loan.

To ask Fred Glick further questions on Harp 2 please email him at Fred(AT)FredGlickDOTcom

Ethics In the Mortgage Industry

Recently in an open discussion a mortgage broker I know  FreEthical Mortgage Brokerd Glick said, “I just had a wholesale mortgage lender call and tell me proudly that his company approves FHA loans a credit score as low as a 545.”

“I explained to him that when people with such low credit ratings get these loans and default, the government will have to raise my taxes to pay for any losses over and above what is in the MIP fund. I will not sign up to sell such loans because of how irresponsible it is on so many levels to the tax payers who are responsible with their money.”

These are the type of mortgage brokers that have ethics and should be praised in choosing their ethics over making a quick dollar. We should not blame this type of broker for the housing crisis and current foreclosure problem.

Moreover, these are the mortgage brokers we should trust when seeking a loan because they are doing their job properly and as a result, looking out for and protecting everyone: our collective assets, collective futures.

Watching and analyzing the housing industry for years, I have learned to tell the snake oil housing professionals from the ethical, morally responsible ones.

My advise is just look for the blunt speaker who doesn’t always tell you what you want to hear. Brokers like these will tell you the truth about the affordability of the home you want to purchase and they will not let you sign for a loan if you don’t truly understand the terms.

They can also rub people the wrong way because they tell people what they might not want to hear while speaking the truth without sugarcoating reality or leading you to believe you can purchase something that will only put you in a bad spot in the future.

Keep up the good work!
Mortgage brokers that refuse to sell loans that they know will get the economy and individuals in trouble are housing ethical gods. And yes, they did exist in pre-crisis. Housing professionals like these will bring back the housing market.

A Group Effort
Is all the responsibility to keep the housing industry strong on the mortgage brokers shoulders? Not at all. It is a group effort.

This was just one example of one link in a chain of people who picked ethics over greed. All of us need to play a part in improving housing market situation. Potential home buyers must not have bigger eyes than their wallets when looking to purchase a home.

Real estate agents must not let prospective buyers purchase a bigger house than they can afford, mortgage brokers must not sell loans that will have a high rate of defaulting, mortgage wholesalers must not push loans that people can easily default on.

Banks and government must work together to promote programs and strategies that encourage healthy and responsible spending.

What are your thoughts? Please comment below.