Why are Platinum Elite Clients Cashing Checks in the Thousands from The National Mortgage Settlement?

“Errors Afflict More Checks Issues to Aid Homeowners”

By Ben Protess and Jessica Silver-Greenbergmortgage-blog-foreclosure-letter-21

“At least these checks cleared,” I love the way these two columnists start this article, however, the results of this Rust Consulting Fiasco is no laughing matter.  This has effected not just Platinum Elite Clients, it has effected homeowners across the nation that expected some type of relief from a Global Settlement between the Federal Government and 13 Institutional Lenders.  This Settlement as described in the article was deemed ” The National Mortgage Settlement” and was created to assist in bring relief to homeowners that had been wrongfully filed against or wrongfully foreclosed upon by the participating lenders.  The National Mortgage Settlement is being managed for these 13 lending institutions and overseen by government regulators by Rust Consulting.  Though its intial intention was to bring relief to homeowners it has been in the media  for its mishaps more than it’s successes and these errors are documented.  What we wanted to do is start tracking these Errors and enumerate these mishaps to see how far or how long it takes for this to get enough attention to be resolved.  Let’s take a look at the “Mishaps” one at a time;

  1. “Slow to alert borrowers to expected payments since settlement was announced in January.” Checks not issued until April.
  2. “Rust delayed the checks for weeks as it struggled to gear up for the payments.” They knew since January and were not ready until April, Three months and they weren’t prepared.
  3. “Once Rust Consulting issued the first round of the checks in April, it failed to move money into the bank account used for the settlement.” So, checks were returned for insufficient funds. Who pays the NSF fees?
  4. “Homeowners complained about clerical errors at Rust Consulting, problems like checks sent to the wrong addresses or issued to deceased borrowers.” This, after being contacted numerous times by individual homeowners. Furthermore, one of our staff here called for personal reasons and found that the addresses they are using are the foreclosed property address unless they have been notified otherwise. Last we checked, once a foreclosure happens, you are most likely not still living in the property. Past foreclosed homeowners may need to contact The National Mortgage Settlement Program, directly.
  5. The newest “Fiasco” lumped together, “sending out checks in the wrong amount,” and, “failed to follow the payout plan.”  This is even more interesting as 11 of the 13 banks adopted a “Metric” to calculate payouts to harmed homeowners.  Read further and you will see that this “Metric” and what phase the “Harmed Homeowner” was in determines the amount of the payout to the injured party.
  6. As Reported by the NYTimes, “Mr. Cummings, the Congressman from Maryland, noted that Rust Consulting does not include an explanation of what homeowners are owed under the settlement.” With no mention of this “Metric”, what you may be owed, or why you even received the payment as a part of “The Worst Settlement Ever,” how are you to know if you were reasonably compensated from this $3.6 Billion Dollar Settlement?
  7. “Space reserved for next Mis-hap?” It’s going to happen, the Fed is already asking for an investigation according to Reuters.

My last question after recapping, and we will keep tabs on this, is who gets the interest on $3.6 Billion Dollars while we wait for Rust Consulting to figure out how to fix these problems, or as the Naked Capitalism Blog mentions, “Errors by Design,” you have to wonder, don’t you?

We believe in the education of our clients as to all of the options available to them, by doing so, we have found the Homeowner to be able to make the healthiest decisions for themselves and their family while reaching for the best possible outcome. The information we and our network of consultants | contributors provide is at no cost and | or no advance fee consultations.  We can assist you in knowing which is your best option in relation to your real estate needs and we look forward to helping you get the assistance you need to maneuver through this unprecedented Market.  Please contact any Platinum Elite Associate by clicking our HomePage, E-mail us at Info@PlatinumElite.com, or call us at 702-869-9999.

The Platinum Elite Group or Follow-us on Facebook | Twitter | Linked-In | Trulia | Realtor.com all links are on the right column or our HomePage.

Short Sale, Lease Back, and then Re-Purchase your home? Is this really an option for Distressed Homeowners? We’re not sure…

the-power-of-good-decision-making

Short Sale Lease Back – SSLB Program for Distressed Homeowners is one of the newer “Options” Available and is causing a wave of controversy. Here is why; HAFA Guidelines were amended in 2011 to allow Short Sale Lease Back (SSLB) as long as a Non-Profit Corporation registered as a 503 (c) is the purchaser.  See Section  7.3 of Chapter IV of the Handbook. This SSLB Program is seeing some success in California and gaining momentum in other states by being used in advertising as a “Distressed Homeowner Option“.  However, we see several caveats to these HAFA guideline amendments and the SSLB Program, as it has been presented.  On the surface it appears to be like most government sponsored options and a major reason the Making Homes Affordable Programs have not seen the results expected, is that the Lender | Servicer has to first agree to participate, establish that they have implemented guidelines with HAFA, and that they then get to determine if you are approved or qualify for this “Option”.  The criteria for this program is that you have to meet the following;

  • Lender | Servicer approve or qualify home in advance
  • Sale or transfer property to a Non-Profit Corporation
  • viable or verifiable Hardship
  • Pay fair market value in rent
  • Stay in the home for three years
  • Complete a Short Sale in this time frame to a Not for Profit Corporation, Not specified or monitored by HAFA
  • Transaction for both the purchase, lease-back, and Short Sale have to be completed by this Non-Profit Group

Again, HAFA or as many government programs do, leaves the cooperative power in the hands of the Lender | Servicer and their Investors, through guidelines and approval stipulations.  An Attorney | Broker in California pointed out, and we agree, that Fannie Mae and Freddie Mac have “Arms-Length Transaction” stipulations or restrictions, which comprises over 90% of the Distressed Home Loan Inventory.  Thus, your margin of success is now limited to 10% of the remaining lenders | servicers | investors.

What concerns us even more, as evidenced by scenario’s being presented to the Grievance Committee in the Las Vegas Market, is how some are presenting and mis-representing variations of the original SSLB Program. These parties have been discovered, to some degree, to be preying upon Distressed Homeowners by offering enticing alternatives such as a purchase back solutions.  It’s our belief these parties are taking advantage of Distressed Homeowner’s emotions that are wanting to stay in their homes at today’s prices.

Homeowners Be aware;

These abuses premised on this SSLB Program are not based on what’s being told to some Distressed Homeowners when they sign-up, it’s what’s not being disclosed, that is the concern!

“What if my Short Sale fails and I have already agreed to sell, my home to the Non-Profit Group?  In fact, in one situation the home was already transferred via power of  attorney and a quit-claim deed.  Thus the answer was: Oh, didn’t we discuss the risks initially? Sorry and by the way, you have 30-days to move, if that….”

“Now that the house is still going to foreclosure, where did all my rent go to that I paid the Non-Profit Group and/or Investor while under review? The Answer: Oops, I’m sure we discussed this possibility, sorry and by the way, you have 30-days to get out, and no refunds……” This mis-use of the SSLB was done under the pretence to collect rents and never stay the foreclosure or assist in helping the homeowner.

“This was a great program, Thank you! I am on my feet again and ready to buy my house back. The Answer: Oops sorry, did we forget to mention that one of the conditions are that you cannot by your house back due to the lien holders policy on Arms-Length Transactions! Of course, you may continue to pay rent to the Non-Profit Corporation or  current Investor.”

Understand that the SSLB Program does not allow for you to re-purchase your specific home. Thus, those advertising, may be over promising, or potentially misleading you to move forward with an SSLB option will not deliver on promises to keep you in your home past the three (3) year stipulation by the HAFA guidelines. Any party that hooks a Distressed Homeowner with the SSLB promise, which results in a flip for profit benefit raises concern.

The scenarios mentioned are current abuses of what we are already seeing in the Las Vegas Area.

The SSLB Program, though allowed by HAFA, has not evolved enough in this market. After hearing the Distressed Homeowner’s complaints of not keeping the negotiations in their directive control during the bank’s review of a loan modification, deed-in-lieu, deficiency release, or short sale, we believe there are much better options available that have fewer challenges and fewer opportunities for fraudulent practices, that can be accomplished with our assistance.

We are not sold on the SSLB Program, the complications created by the HAFA guidelines, or the willingness of lenders | servicers to participate other than on a limited basis. Thus, the Neighborhood Home Rescue Program will present the SSLB option benefits, in addition to the risks so, the homeowner has a better understanding.

We believe in the education of our clients as to all of the options available to them, by doing so, we have found the Homeowner to be able to make the healthiest decisions for themselves and their family while reaching for the best possible outcome. The information we and our network of consultants | contributors provide is at no cost and | or no advance fee consultations.  See our most recent Video regarding Distressed Homeowner Options or schedule an appointment with one of our associates. We can assist you in knowing which is your best option in relation to your real estate needs and we look forward to helping you get the assistance you need to maneuver through this unprecedented Market.  Please contact any Platinum Elite Associate by clicking our HomePage, E-mail us at Info@PlatinumElite.com, or call us at 702-869-9999.

The Platinum Elite Group or Follow-us on Facebook | Twitter | Linked-In | Trulia | Realtor.com all links are on the right column or our HomePage.

Related articles

Which Option is Best for me as a Distressed Homeowner? Watch and See!

Do I keep paying the bank? Do I become a Landlord? Do I do a Loan Modification? Do I do a Short Sale or Modified Pay-off? Foreclosure or Foreclosure Mediation, is it an option or is it inevitable? Do I turn it back to the bank through a Deed-in-Lieu? I am sure the bank likes that choice, however, what does this do to me and my credit? Bankruptcy? Option or Strategy? You decide?!  As a Distressed Homeowner what Option do you I select that is best for my situation, that gives me the most control and what are the ramifications?! Watch our second video in our Neighborhood Home Rescue Series and decide for your self:

In this Video Series we have covered the Market Overview for Las Vegas and in this video you will learn Who and What is the Neighborhood Home Rescue and much, much more………..

  • Learn about the Neighborhood Home Rescue purpose and mission statement
  • It is a Network of Professionals
  • Works with Banks
  • Educates the Homeowner who is Distressed which are the best “Options” available
  • No Fee | No Advance Cost Programs first and foremost
  • Costs covered and not covered
  • Costs that might fall back on Homeowner:
    • HOA Fees
    • Transfer Fees
    • Compliance Fee
  • Options to Homeowners
    • Continue to pay Bank
    • Become a Landlord and Rent out property
    • Loan Modification (5 Year temporary fix and puts you upside down in most cases)
    • Short Sale – A Loan Modification with deficiency release @ current market value
      • Most Control
      • Position and Location
      • Costs known and a tax write-off
      • Debt relief | Deficiency Release | Quick Credit Recovery (10 – 24 Months)
      • Pros and Cons to Credit Ramifications
    • Deed in Lieu – Debt relief for only 2013, what about years after 2014+
    • Foreclosure and Foreclosure Mediation 30-120 day process
      • $200 Fee by Homeowner which stops or slows Foreclosure (Strategy)
      • Bank Options are to Modify | Short Sale | Deed-in-Lieu | FC or Start over
    • Bankruptcy – Chapter 7 or 13
    • Moving forward with Lending and Lending Options
    • Estate Planning and Asset Protection

Guest Speakers are joint contributors to the Neighborhood Home Rescue Program and offer free consultations through the Network. If you want to discuss your circumstances in more detail, receive a free consultation, or if you want to learn more regarding the Neighborhood Home Rescue contact our Hotline at 702-675-3000 or e-mail us at info@PlatinumElite.com, we look forward to Helping Distressed Homeowners!

Mission Statement:

Outreach Program for Distressed Homeowners

Designed to inform and help Homeowners understand how to work with No Cost Programs and No Advance Fee assistance resources available while obtaining information to make a more healthy decision for their family.

Did we learn anything? From the Last Bubble that Burst…..

The Las Vegas Home Market is still reeling from “The Real Estate Bubble” and yet we might be repeating history.  Everyone can read Headlines and knows that many indicators are up and creating excitement.  Homebuyers that had to sell short are already back in the home buying process.  Investors have been speculating with Flips and have already seen profits from properties that they purchased right after the bubble burst.  With inventory tightening this is pushing prices up and we again are seeing the “Offer” Frenzy, with multiple offers on much of the new listings on market along with Builder’s starting the lottery system with small phase releases.  We get it, everyone wants the highest and best price.  However, this may be short-lived or will at least stabilize as LPS reports over 1.2 Million homes are in foreclosure, down from 1.5 YoY, this is still a great deal of inventory to absorb along with 900,000 housing starts throughout the nation.  This is further complicated by inflated BPO’s (Broker Price Opinion) as outlined in our previous article, “Are Banks Stealing Homes?”, which will, if allowed to happen, push more homeowners into foreclosure and not allow the market to fully recover prior to over inflated home values as was experienced when no one thought it possible.  As Nike’s controversial new Ad stated, “Winning takes care of Everything,” this may be fine for those on the winning side of this recovery, what about the homeowners left behind with bad loans from predatory lending and exaggerated values resulting in over-leveraged property.  Lets not let this happen again.  Be an informed Seller, Buyer, or Investor, weigh your options, and know what is best for you.  The Neighborhood Home Rescue Workshop Video series has released chapter one with our next Chapter, “Homeowners Options“, being released the first week of April, which will assist you in better understanding the market, what placed us in this circumstance and how a healthy recovery will include help for homeowners impacted by deHouse Bubbleregulation of the Credit Derivatives in the 2000’s.  For notification of our next video release email us at info@platinumelite.com or call 702-869-9999.

The Platinum Elite Group

 

Legislative BDR Update to Nevada Foreclosure Mediation and Foreclosure Process as of March 18, 2013

In our Blog Article “Boomerang Foreclosures” written February 14th of this year, we reminded everyone to watch the Legislature and what revisions were being proposed or lobbied for by the banking or trustee representatives.  Please find attached links to BDR List and each proposed Bill for either Foreclosure or Foreclosure Mediation;

Be reminded the United Trustee Association (UTA) Lobbyist believes they have favorable representation in the Legislature and will be attempting to slip changes through without drawing attention to what effects homeowner or real estate market in general. Quote by Cheryl Blomstrom, Blomstrom Consulting in her December 2012 E-News Bulletin for the United Trustee Association for Nevada;  “Those of us looking for change did not get the result we wanted, however I remain optimistic…  I still think we can cobble together a coalition of democrats and republicans to get our work done.  UTA members reached out during the campaign process to key candidates and several were elected.  They come into the session with a working knowledge of our industry.

Timeo Danaos et dona ferentes | Beware of Greeks bearing Gifts

To discuss your circumstances or schedule a “Private Consultation” with a Team Member of Platinum Elite Group, contact us at Platinum Elite, info@PlatinumElite.com or call us 702-869-9999.

 

What sets us at Platinum Elite apart from the rest?

Donald Lainer has developed a strong team in real estate that focuses on service and the clients needs.  First and foremost, we get the job done.  As a team, Platinum Elite Group closed over ninety-one transactions in 2012.  2013 looks to be even stronger.  Already in 2013, the Team has had 11 Listings close, not including the individual team members independent statistics.  In cooperation with Negotiation Service Providers, there has been an additional 13 closings and 12 Short Sale approvals that should close by the end of April.  Donald Lainer, as Team Leader, also does outreach through the Neighborhood Home Rescue Program.  We will be releasing one Video Chapter a month over the next several months, which includes this video from our Youtube Video Channel covering the Las Vegas Market Overview.  Additional Chapters will include:

  • Homeowners Options in Today’s Marketplace
  • Short Sale Options
  • Foreclosure | Mediation | Notice of Default and the process of each
  • Bankruptcy Chapters 7 | 11 and 13
  • Moving Forward with Lending
  • Estate Planning

If you have an immediate need or questions, feel free to contact one of the team for a Private Consultation.

Some segments or chapters are highlighted by guest speakers in each field of expertise.  As a homeowner or investor you need to be informed and knowledgeable in this ever-changing and volatile Real Estate Market.  To sign up for our next Neighborhood Home Rescue Event RSVP at RSVP@PlatinumElite.com or call 702-675-3000.

The Platinum Elite Group is always looking to develop its team with professionals from any field that may be interested in entering the Real Estate Industry.  You may preview our Welcome PowerPoint on Slideshare.com, contact Donald Lainer directly, or any one on the Team and see what we have to offer.  Contact us through our Home Page, info@PlatinumElite.com or by calling 702-869-9999.