The document summarizes key elements of a new rule by the Federal Trade Commission aimed at protecting homeowners using mortgage assistance relief services, known as MARS. The rule requires significant disclosures by MARS providers, prohibits upfront fees until an agreement is signed, and limits representations providers can make about services. The rule aims to give homeowners more information before committing to short sales and regulates the MARS industry.
Christopher D. H, a Midvale man, pleaded guilty in federal court to falsifying documents as part of a mortgage fraud scheme. Specifically, he admitted to falsifying documents to artificially inflate home prices. Mortgage fraud involving inflated home values and falsified documents was an ongoing issue. Regulators were working to address mortgage fraud through increased prosecution and new laws targeting fraudulent practices.
The document discusses the Home Affordable Foreclosure Alternatives (HAFA) program, which provides incentives and uniform procedures for short sales and deeds-in-lieu of foreclosure. It was announced in 2009 and guidelines were released later that year. HAFA allows homeowners facing foreclosure to sell their home as a short sale or transfer ownership to the lender to avoid foreclosure. It provides incentives such as relocation assistance and pays administrators and investors to help facilitate the process. The document provides details on borrower eligibility, short sale procedures and timelines, common questions about the program, and implementation.
This document provides information about the foreclosure process, homeowner options to avoid foreclosure like loan modifications and short sales, and the benefits and process of pursuing a short sale. It outlines the typical short sale timeline of 45-90 days and the documentation required for a short sale package. It also summarizes programs like HAMP and HAFA that provide guidelines and incentives for loan modifications and short sales. Special protections for active military members in foreclosure are mentioned as well.
Published SwapRent Paper in IUHF by Ralph LiuRalph 刘冶民 Liu
The document describes the SwapRentSM concept, which allows homeowners to switch between economically owning and renting their home for a period of time. This is done through a SwapRentSM contract with an economic landlord investor. It allows homeowners to receive cash flow while someone else takes on the property's appreciation or depreciation risk. The contract aims to separate a home's economic value from its shelter value. It also describes how the contracts work and are settled, using a generic example of a homeowner becoming a 50% economic renter through a SwapRentSM transaction.
This document outlines the objectives and content of a training course on the REALTOR Code of Ethics. It aims to describe the history and structure of the Code, identify commonly cited articles, use case studies to explore potential violations, and discuss the professional standards enforcement process. Key aspects covered include the Code's emphasis on honesty, protecting client interests above all else, avoiding discrimination, keeping client funds separate, and providing professional services competently.
This document provides information and warnings about short sale transactions. It defines a short sale as a real estate transaction where the sale proceeds are not sufficient to cover the outstanding mortgage debt. It warns that short payoff letters from lenders should be read carefully as they can include requirements like promissory notes, insurance refund assignments, prohibitions on paying other liens, and restrictions on reselling the property. The document also summarizes programs to help homeowners refinance or obtain loan modifications, including the Home Affordable Refinance and Modification programs.
The document summarizes the Home Affordable Foreclosure Alternatives Program (HAFA), which provides assistance for homeowners facing foreclosure. HAFA offers incentives for completing a short sale if the homeowner does not qualify for a loan modification. It provides $3,000 for moving costs and releases the homeowner from future liability. To qualify, homeowners must first be evaluated for a loan modification under HAMP but not qualify, or fail to complete a trial modification. The program streamlines the short sale process with standard forms and timelines for servicers and homeowners to follow.
Christopher D. H, a Midvale man, pleaded guilty in federal court to falsifying documents as part of a mortgage fraud scheme. Specifically, he admitted to falsifying documents to artificially inflate home prices. Mortgage fraud involving inflated home values and falsified documents was an ongoing issue. Regulators were working to address mortgage fraud through increased prosecution and new laws targeting fraudulent practices.
The document discusses the Home Affordable Foreclosure Alternatives (HAFA) program, which provides incentives and uniform procedures for short sales and deeds-in-lieu of foreclosure. It was announced in 2009 and guidelines were released later that year. HAFA allows homeowners facing foreclosure to sell their home as a short sale or transfer ownership to the lender to avoid foreclosure. It provides incentives such as relocation assistance and pays administrators and investors to help facilitate the process. The document provides details on borrower eligibility, short sale procedures and timelines, common questions about the program, and implementation.
This document provides information about the foreclosure process, homeowner options to avoid foreclosure like loan modifications and short sales, and the benefits and process of pursuing a short sale. It outlines the typical short sale timeline of 45-90 days and the documentation required for a short sale package. It also summarizes programs like HAMP and HAFA that provide guidelines and incentives for loan modifications and short sales. Special protections for active military members in foreclosure are mentioned as well.
Published SwapRent Paper in IUHF by Ralph LiuRalph 刘冶民 Liu
The document describes the SwapRentSM concept, which allows homeowners to switch between economically owning and renting their home for a period of time. This is done through a SwapRentSM contract with an economic landlord investor. It allows homeowners to receive cash flow while someone else takes on the property's appreciation or depreciation risk. The contract aims to separate a home's economic value from its shelter value. It also describes how the contracts work and are settled, using a generic example of a homeowner becoming a 50% economic renter through a SwapRentSM transaction.
This document outlines the objectives and content of a training course on the REALTOR Code of Ethics. It aims to describe the history and structure of the Code, identify commonly cited articles, use case studies to explore potential violations, and discuss the professional standards enforcement process. Key aspects covered include the Code's emphasis on honesty, protecting client interests above all else, avoiding discrimination, keeping client funds separate, and providing professional services competently.
This document provides information and warnings about short sale transactions. It defines a short sale as a real estate transaction where the sale proceeds are not sufficient to cover the outstanding mortgage debt. It warns that short payoff letters from lenders should be read carefully as they can include requirements like promissory notes, insurance refund assignments, prohibitions on paying other liens, and restrictions on reselling the property. The document also summarizes programs to help homeowners refinance or obtain loan modifications, including the Home Affordable Refinance and Modification programs.
The document summarizes the Home Affordable Foreclosure Alternatives Program (HAFA), which provides assistance for homeowners facing foreclosure. HAFA offers incentives for completing a short sale if the homeowner does not qualify for a loan modification. It provides $3,000 for moving costs and releases the homeowner from future liability. To qualify, homeowners must first be evaluated for a loan modification under HAMP but not qualify, or fail to complete a trial modification. The program streamlines the short sale process with standard forms and timelines for servicers and homeowners to follow.
This document provides guidance on successful real estate settlements. It discusses utilizing checklists and timelines to track transactions. It emphasizes providing service beyond basic requirements. Sections cover listing properties, evaluating sellers' positions, contract reviews, buyer and seller services, home inspections, working with appraisers, troubleshooting issues, and conducting settlements. The document stresses proper contract writing, clear communication between all parties, and addressing potential challenges that may arise.
1. Captive insurance is becoming more viable for middle-market companies as a way to customize coverage to their needs and gain more control over claims payments compared to traditional commercial insurers.
2. Choosing the right domicile is important, as not all jurisdictions are the same. For a captive to be economically feasible, it needs to operate in a jurisdiction with an efficient and accessible regulatory environment.
3. Proper tax structuring and management of the captive insurer is critical to achieve tax benefits under the Internal Revenue Code and avoid penalties. With the right advisors, captives can provide benefits to middle-market companies while complying with tax laws.
Do You Need Help Getting Out of a Timeshare?
Timeshare contracts don't have to burden you forever. During our free event, real estate lawyers will show you how timeshare owners have gotten out of their sales contracts.
Timeshare Cancellation, Termination & Modification
Learn how it's possible to cancel, terminate or modify your sales contract. Regardless of what resort developers tell you, they do let timeshare owners out of their contracts. Developers frequently breach their own contracts and engage in fraudulent activities. Learn how a developer's actions can give you a way out.
Deception
Has the resort told you that you can't make a reservation? Have they told you that you can't rent your week? Are you paying hidden costs or higher fees? Timeshare owners face many surprises after the sales presentation. We'll explain your options.
Sales
The timeshare resale industry is rife with unscrupulous businesses. Resale scams require sellers to pay expensive upfront junk fees. Learn how not to become a victim of these fraudsters.
Dealing with Runaway Maintenance Fees
On average, timeshare maintenance fees increase 8% per year. You might even get stuck paying other costs and assessments as time goes on. The sales team probably didn't tell you about these hidden expenses and fee increases. We'll explain how you can seek relief from this costly headache.
Estate Plan
If you've decided to keep your timeshare, then the next step is creating an estate plan. Timeshare contracts are "in perpetuity," and your heirs will have to continue paying maintenances fees and other costs. Learn how to dispose of your timeshare to prevent your heirs from inheriting the extra expenses.
1. Securitization involves isolating a pool of assets from the originator's insolvency risk by transferring them to a bankruptcy-remote special purpose vehicle (SPV). The SPV issues bonds or other securities to investors backed by the cash flows from the assets.
2. Key risks include recharacterization of the transfer as a secured loan rather than true sale, substantive consolidation of the SPV with the originator in insolvency, and performance issues with the underlying asset pool. Methods like overcollateralization and credit enhancements aim to mitigate these risks.
3. For investors, main risks are poor asset performance leading to losses, successful legal challenges to the transfer that put assets back in
This document discusses several legal principles relevant to determining whether Lady Mrembo is obligated to repay Lady Manyanga the 20,000 shillings she borrowed. It analyzes the contractual capacity of minors, invitation to treat doctrine, promissory estoppel, and whether statements are terms or representations in a contract. Specifically, it finds that as a 14-year-old minor, Lady Mrembo has no legal obligation to repay the debt due to her lack of contractual capacity as an infant. It also discusses potential claims by Lady Manyanga against the shopkeeper for breach of contract depending on whether an offer was accepted or if promissory estoppel applies.
This document discusses various methods for transferring loans between lenders, including novation, assignment, sub-participation, and declaration of trust. It provides details on the legal implications and requirements of each method under English law. Novation requires consent from all parties and can extinguish any related security, while assignment does not transfer obligations and maintains any guarantees or security. Sub-participation transfers only the economic interest and risks, not legal rights, and cannot be used directly against the borrower. Equitable assignment has fewer formal requirements but lacks notification, while statutory assignment directly links the assignee and borrower upon notice.
Void agreements, Performance Discharge, Breach of legal contract, Quasi Contr...Antara Rabha
A brief about Void agreements, Performance Discharge, Breach of legal contract, Quasi-Contract, Bailment & ledge, Agency. Along with examples so that it is easy for the student to understand business law
Learn all about the new TREC contract forms required Jan 2016. Power point can be used alone or with text book for 30 hour TREC approved pre-licensing class. www.createspace.com/5249273.
The document provides answers to frequently asked questions about short sales. It discusses topics such as whether borrowers can receive cash from lenders at closing, how to qualify for a short sale with multiple mortgages or if payments are current, the short sale process timeline, and potential tax implications of debt forgiveness. Key details requested by lenders are explained, such as hardship letters, documents required, and reasons lenders are willing to accept less than the full mortgage amount in a short sale.
This document summarizes requests regarding federal policy concerns with regulations implementing the Dodd-Frank Act. It seeks to: 1) ensure regulations do not require fixed loan origination prices; 2) preserve consumer options to pay origination fees upfront or through interest rates; 3) amend ability-to-repay and safe harbor provisions to protect borrowers; 4) ensure fair liability standards for mortgage originators; 5) allow mortgage professionals to order appraisals as directed by the Federal Reserve; and 6) establish standards for appraisal portability.
Disclosure regarding real agency relationships (rad)cdukelow
This document summarizes agency relationships and obligations in real estate transactions. It explains that real estate agents can represent sellers, buyers, or both. Agents representing only sellers or only buyers have fiduciary duties to their clients. Dual agents representing both parties in a transaction have equal fiduciary duties to both parties. The duties include caring, honesty, disclosure of known material facts, and acting with reasonable skill and care. The document is intended to ensure clients understand their agency relationships and responsibilities in a real estate deal.
The document discusses the essential elements of a valid contract under Indian contract law. It outlines 10 essential elements: 1) offer and acceptance, 2) intention to create a legal relationship, 3) lawful consideration, 4) capacity of parties, 5) free consent, 6) lawful object, 7) certainty of meaning, 8) possibility of performance, 9) not declared void or illegal, and 10) legal formalities if required. It then provides further details on the elements of free consent, outlining the definitions and essentials of coercion, undue influence, and fraud as they relate to free consent in contract formation.
The document summarizes key aspects of the Modern Slavery Act 2015 and the Consumer Rights Act 2015.
The Modern Slavery Act requires large companies to disclose steps taken to eliminate slavery and human trafficking from their supply chains. It defines slavery and human trafficking. Companies must produce an annual statement detailing compliance.
The Consumer Rights Act updates UK consumer law. It gives consumers new rights when purchasing goods and services, including 30-day refunds, requirements that services be provided with reasonable care, and protections against unfair contract terms.
Leon Tuan identifies five pitfalls of subleases: (1) reliance on the sublandlord to pay rent and perform obligations under the master lease, (2) lack of a legal relationship between the subtenant and master landlord regarding maintenance and repairs, (3) need to carefully review terms of the master lease regarding uses, services, alterations and other issues, (4) complications of partitioning space and allocating costs if the sublease is only for part of the master leased space, and (5) restoration obligations and holdover risks at the end of the sublease term. Tuan provides suggestions for managing these risks such as seeking non-disturbance agreements, enforcement rights over the master landlord's obligations, limitations
The document provides tips for community associations to consider when negotiating a contract to lease space on their rooftop for a cell phone tower. Associations should check their governing documents and state laws to ensure the board has authority to lease common space. When negotiating, associations should get a site plan, negotiate a fair term length and income rate, consider liability and indemnification, and protect roof access and security. Contracts should specify notification for early termination and not invalidate the roof warranty.
BUS 115 Chap008 offer acceptance mutual assentneogenesis6
This document provides an overview of key concepts related to offer, acceptance, and mutual assent in contract law. It defines mutual assent as both parties knowing the contract terms and agreeing to be bound by them. An offer is a proposal indicating a willingness to enter a contract and must demonstrate serious intent, clear terms, and be communicated to the offeree. Acceptance occurs when the offeree agrees to the offeror's terms. Defects like fraud, misrepresentation, mistake, duress or undue influence can undermine mutual assent.
This document discusses a short sale transaction involving an investor, Paulina, who acted as both the buyer and seller of a property. Working with negotiators Brian Kissinger and Catherine Kaufer, they were able to purchase the property for $550,000 after negotiating the price down from $700,000 and $185,000 owed on the first and second mortgages respectively, realizing a $194,847 profit within 54 days. The document then provides an overview of important considerations and strategies for negotiating successful short sales.
The document discusses regulations in Arizona regarding short sale negotiators and real estate agents assisting with short sales. It summarizes that real estate agents can assist sellers with negotiating short sales as part of their license, but additional licensing is required if receiving extra compensation or directly negotiating with lenders. Third party negotiators and those operating under an LLC would require separate licensing. The federal MARS rule also applies and prohibits upfront fees. Remaining issues around the definition of "assist" are unclear.
The document discusses the history of the mortgage crisis beginning in 2007 and the fraudulent foreclosure practices that emerged in its wake. It describes how hundreds of billions of dollars in risky mortgage-backed securities were sold globally and collapsed, forcing mass loan modifications and foreclosures. Loan servicers hired inexperienced staff who mishandled modifications while "robo-signers" approved foreclosures without verifying details. Widespread legal issues around mortgage ownership led to investigations and moratoriums on foreclosures. The crisis increased shadow inventories and will likely cause future price drops when properties are sold.
The document discusses Arizona regulations regarding short sale negotiations. It clarifies that real estate agents can assist sellers in negotiating short sales as part of their license, but cannot receive additional compensation for negotiations unless they also have a loan originator license. Third-party negotiators and those receiving compensation must be separately licensed. The document also notes additional restrictions for FHA loans due to HUD rules prohibiting loan originators from working in real estate.
This document provides instructions for making a marshmallow cow in 6 steps: threading two large marshmallows onto a toothpick for the body and head; adding a small marshmallow for the face and licorice and toothpicks for legs and tail; and inserting toothpick pieces for eyes to complete the cow sculpture made entirely from marshmallows, licorice, and toothpicks.
This document provides guidance on successful real estate settlements. It discusses utilizing checklists and timelines to track transactions. It emphasizes providing service beyond basic requirements. Sections cover listing properties, evaluating sellers' positions, contract reviews, buyer and seller services, home inspections, working with appraisers, troubleshooting issues, and conducting settlements. The document stresses proper contract writing, clear communication between all parties, and addressing potential challenges that may arise.
1. Captive insurance is becoming more viable for middle-market companies as a way to customize coverage to their needs and gain more control over claims payments compared to traditional commercial insurers.
2. Choosing the right domicile is important, as not all jurisdictions are the same. For a captive to be economically feasible, it needs to operate in a jurisdiction with an efficient and accessible regulatory environment.
3. Proper tax structuring and management of the captive insurer is critical to achieve tax benefits under the Internal Revenue Code and avoid penalties. With the right advisors, captives can provide benefits to middle-market companies while complying with tax laws.
Do You Need Help Getting Out of a Timeshare?
Timeshare contracts don't have to burden you forever. During our free event, real estate lawyers will show you how timeshare owners have gotten out of their sales contracts.
Timeshare Cancellation, Termination & Modification
Learn how it's possible to cancel, terminate or modify your sales contract. Regardless of what resort developers tell you, they do let timeshare owners out of their contracts. Developers frequently breach their own contracts and engage in fraudulent activities. Learn how a developer's actions can give you a way out.
Deception
Has the resort told you that you can't make a reservation? Have they told you that you can't rent your week? Are you paying hidden costs or higher fees? Timeshare owners face many surprises after the sales presentation. We'll explain your options.
Sales
The timeshare resale industry is rife with unscrupulous businesses. Resale scams require sellers to pay expensive upfront junk fees. Learn how not to become a victim of these fraudsters.
Dealing with Runaway Maintenance Fees
On average, timeshare maintenance fees increase 8% per year. You might even get stuck paying other costs and assessments as time goes on. The sales team probably didn't tell you about these hidden expenses and fee increases. We'll explain how you can seek relief from this costly headache.
Estate Plan
If you've decided to keep your timeshare, then the next step is creating an estate plan. Timeshare contracts are "in perpetuity," and your heirs will have to continue paying maintenances fees and other costs. Learn how to dispose of your timeshare to prevent your heirs from inheriting the extra expenses.
1. Securitization involves isolating a pool of assets from the originator's insolvency risk by transferring them to a bankruptcy-remote special purpose vehicle (SPV). The SPV issues bonds or other securities to investors backed by the cash flows from the assets.
2. Key risks include recharacterization of the transfer as a secured loan rather than true sale, substantive consolidation of the SPV with the originator in insolvency, and performance issues with the underlying asset pool. Methods like overcollateralization and credit enhancements aim to mitigate these risks.
3. For investors, main risks are poor asset performance leading to losses, successful legal challenges to the transfer that put assets back in
This document discusses several legal principles relevant to determining whether Lady Mrembo is obligated to repay Lady Manyanga the 20,000 shillings she borrowed. It analyzes the contractual capacity of minors, invitation to treat doctrine, promissory estoppel, and whether statements are terms or representations in a contract. Specifically, it finds that as a 14-year-old minor, Lady Mrembo has no legal obligation to repay the debt due to her lack of contractual capacity as an infant. It also discusses potential claims by Lady Manyanga against the shopkeeper for breach of contract depending on whether an offer was accepted or if promissory estoppel applies.
This document discusses various methods for transferring loans between lenders, including novation, assignment, sub-participation, and declaration of trust. It provides details on the legal implications and requirements of each method under English law. Novation requires consent from all parties and can extinguish any related security, while assignment does not transfer obligations and maintains any guarantees or security. Sub-participation transfers only the economic interest and risks, not legal rights, and cannot be used directly against the borrower. Equitable assignment has fewer formal requirements but lacks notification, while statutory assignment directly links the assignee and borrower upon notice.
Void agreements, Performance Discharge, Breach of legal contract, Quasi Contr...Antara Rabha
A brief about Void agreements, Performance Discharge, Breach of legal contract, Quasi-Contract, Bailment & ledge, Agency. Along with examples so that it is easy for the student to understand business law
Learn all about the new TREC contract forms required Jan 2016. Power point can be used alone or with text book for 30 hour TREC approved pre-licensing class. www.createspace.com/5249273.
The document provides answers to frequently asked questions about short sales. It discusses topics such as whether borrowers can receive cash from lenders at closing, how to qualify for a short sale with multiple mortgages or if payments are current, the short sale process timeline, and potential tax implications of debt forgiveness. Key details requested by lenders are explained, such as hardship letters, documents required, and reasons lenders are willing to accept less than the full mortgage amount in a short sale.
This document summarizes requests regarding federal policy concerns with regulations implementing the Dodd-Frank Act. It seeks to: 1) ensure regulations do not require fixed loan origination prices; 2) preserve consumer options to pay origination fees upfront or through interest rates; 3) amend ability-to-repay and safe harbor provisions to protect borrowers; 4) ensure fair liability standards for mortgage originators; 5) allow mortgage professionals to order appraisals as directed by the Federal Reserve; and 6) establish standards for appraisal portability.
Disclosure regarding real agency relationships (rad)cdukelow
This document summarizes agency relationships and obligations in real estate transactions. It explains that real estate agents can represent sellers, buyers, or both. Agents representing only sellers or only buyers have fiduciary duties to their clients. Dual agents representing both parties in a transaction have equal fiduciary duties to both parties. The duties include caring, honesty, disclosure of known material facts, and acting with reasonable skill and care. The document is intended to ensure clients understand their agency relationships and responsibilities in a real estate deal.
The document discusses the essential elements of a valid contract under Indian contract law. It outlines 10 essential elements: 1) offer and acceptance, 2) intention to create a legal relationship, 3) lawful consideration, 4) capacity of parties, 5) free consent, 6) lawful object, 7) certainty of meaning, 8) possibility of performance, 9) not declared void or illegal, and 10) legal formalities if required. It then provides further details on the elements of free consent, outlining the definitions and essentials of coercion, undue influence, and fraud as they relate to free consent in contract formation.
The document summarizes key aspects of the Modern Slavery Act 2015 and the Consumer Rights Act 2015.
The Modern Slavery Act requires large companies to disclose steps taken to eliminate slavery and human trafficking from their supply chains. It defines slavery and human trafficking. Companies must produce an annual statement detailing compliance.
The Consumer Rights Act updates UK consumer law. It gives consumers new rights when purchasing goods and services, including 30-day refunds, requirements that services be provided with reasonable care, and protections against unfair contract terms.
Leon Tuan identifies five pitfalls of subleases: (1) reliance on the sublandlord to pay rent and perform obligations under the master lease, (2) lack of a legal relationship between the subtenant and master landlord regarding maintenance and repairs, (3) need to carefully review terms of the master lease regarding uses, services, alterations and other issues, (4) complications of partitioning space and allocating costs if the sublease is only for part of the master leased space, and (5) restoration obligations and holdover risks at the end of the sublease term. Tuan provides suggestions for managing these risks such as seeking non-disturbance agreements, enforcement rights over the master landlord's obligations, limitations
The document provides tips for community associations to consider when negotiating a contract to lease space on their rooftop for a cell phone tower. Associations should check their governing documents and state laws to ensure the board has authority to lease common space. When negotiating, associations should get a site plan, negotiate a fair term length and income rate, consider liability and indemnification, and protect roof access and security. Contracts should specify notification for early termination and not invalidate the roof warranty.
BUS 115 Chap008 offer acceptance mutual assentneogenesis6
This document provides an overview of key concepts related to offer, acceptance, and mutual assent in contract law. It defines mutual assent as both parties knowing the contract terms and agreeing to be bound by them. An offer is a proposal indicating a willingness to enter a contract and must demonstrate serious intent, clear terms, and be communicated to the offeree. Acceptance occurs when the offeree agrees to the offeror's terms. Defects like fraud, misrepresentation, mistake, duress or undue influence can undermine mutual assent.
This document discusses a short sale transaction involving an investor, Paulina, who acted as both the buyer and seller of a property. Working with negotiators Brian Kissinger and Catherine Kaufer, they were able to purchase the property for $550,000 after negotiating the price down from $700,000 and $185,000 owed on the first and second mortgages respectively, realizing a $194,847 profit within 54 days. The document then provides an overview of important considerations and strategies for negotiating successful short sales.
The document discusses regulations in Arizona regarding short sale negotiators and real estate agents assisting with short sales. It summarizes that real estate agents can assist sellers with negotiating short sales as part of their license, but additional licensing is required if receiving extra compensation or directly negotiating with lenders. Third party negotiators and those operating under an LLC would require separate licensing. The federal MARS rule also applies and prohibits upfront fees. Remaining issues around the definition of "assist" are unclear.
The document discusses the history of the mortgage crisis beginning in 2007 and the fraudulent foreclosure practices that emerged in its wake. It describes how hundreds of billions of dollars in risky mortgage-backed securities were sold globally and collapsed, forcing mass loan modifications and foreclosures. Loan servicers hired inexperienced staff who mishandled modifications while "robo-signers" approved foreclosures without verifying details. Widespread legal issues around mortgage ownership led to investigations and moratoriums on foreclosures. The crisis increased shadow inventories and will likely cause future price drops when properties are sold.
The document discusses Arizona regulations regarding short sale negotiations. It clarifies that real estate agents can assist sellers in negotiating short sales as part of their license, but cannot receive additional compensation for negotiations unless they also have a loan originator license. Third-party negotiators and those receiving compensation must be separately licensed. The document also notes additional restrictions for FHA loans due to HUD rules prohibiting loan originators from working in real estate.
This document provides instructions for making a marshmallow cow in 6 steps: threading two large marshmallows onto a toothpick for the body and head; adding a small marshmallow for the face and licorice and toothpicks for legs and tail; and inserting toothpick pieces for eyes to complete the cow sculpture made entirely from marshmallows, licorice, and toothpicks.
ASCRS Foundation's Robert Sinskey Eye Institute, Addis Ababa, Ethiopia needs used, but reliable, diagnostic equipment; ASCRS Foundation qualifies for the Combined Federal Campaign (CFC) # 39783, largest donor payroll deduction plan; and ASCRS Foundation raises $40,000 for the Japan Earthquake & Tsunami Relief Fund.
The document summarizes key elements of the new Mortgage Assistance Relief Services (MARS) rule by the Federal Trade Commission. The rule aims to protect homeowners using short sale negotiation services. It requires significant disclosures, prohibits upfront fees until an agreement is signed, and defines limits on representations negotiators can make. The rule clarifies obligations for negotiators, brokers, and violators face fines up to $11,000 per day.
Glaucoma is a leading cause of blindness worldwide, disproportionately affecting those in Africa. Surgery is the best treatment option for glaucoma in developing areas like Ethiopia, as eyedrops are too expensive for most. The ASCRS Foundation's Robert Sinskey Eye Institute in Ethiopia will begin a surgical glaucoma initiative to treat patients, as many may face blindness without access to treatment.
The document discusses regulations around realtors and short sale negotiators in Arizona. It clarifies that realtors can assist sellers with negotiating short sales as part of their license, but cannot receive additional compensation unless also licensed as a loan originator. Third-party negotiators and those receiving compensation must be separately licensed. Regulations also prevent loan originators from being employed in real estate to handle FHA loans. All compensation received must be through the employing broker.
The document provides a list of military miniatures available for purchase organized by scale and type. In 1/72 scale, there are listings for helicopters, airplanes, tanks, and infantry/vehicles from WWII and modern eras. Similarly, the 1/35 scale section covers modern military, WWII military, and armor/infantry listings. Other scales covered include 1/144 airplanes, 1/48 airplanes, and 1/144 airplanes. Details provided for each item include a brief description and page number.
1. Eggs were placed in different liquids for 3 weeks to see which would dissolve the shell fastest.
2. Vinegar was hypothesized to be fastest due to its acidity.
3. The results showed vinegar dissolved the shell completely in 2 weeks, making it rubbery, while orange juice took longer but also dissolved it. Other liquids like coke and powerade only softened or discolored the shell.
This document provides guidance to mortgage servicers on implementing the Home Affordable Foreclosure Alternatives (HAFA) program, which offers incentives for short sales and deeds-in-lieu of foreclosure for homeowners who are at risk of foreclosure but ineligible for the Home Affordable Modification Program (HAMP). It outlines eligibility requirements and evaluation processes servicers must follow to determine if a borrower qualifies for a short sale or deed-in-lieu under HAFA. Servicers must consider borrowers for HAFA within 30 days if they do not qualify for or fail HAMP modifications before allowing a foreclosure to proceed. The guidance standardizes short sale and deed-in-lieu processes
2014 Rules Regulations and Ethics While Marketing to Arizona Home BuyersSteve Lines
This document discusses rules, regulations and ethics for marketing to home buyers. It outlines general requirements for brokers and bankers, including that advertising cannot contain false statements and must include license numbers. Regulations prohibit unearned fees, kickbacks and misleading advertising. Truth in Lending rules require that interest rates and payments be clearly disclosed in advertising. Advertising cannot be considered unfair, deceptive or abusive and must not mislead consumers.
Mortgage Redress For The Over Indebted 090516William O'Brien
The document provides information about mortgage redress services offered by Scott Robert, including:
1) Scott Robert audits mortgage cases to identify potential mis-selling and produces reports detailing issues and estimated compensation.
2) Common issues identified include advising unaffordable mortgages, debt consolidation when debt management was more suitable, and interest-only mortgages without repayment plans.
3) One example case resulted in £60,224.96 compensation through the Financial Services Compensation Scheme after the advising broker ceased trading.
The document provides an overview of the Home Affordable Foreclosure Alternatives (HAFA) program, which aims to standardize the short sale process. It outlines key terms, eligibility requirements, and steps in the HAFA short sale process. This includes borrower qualification, determining if a short sale or deed-in-lieu is offered, signing a short sale agreement, listing and marketing the property, submitting a purchase agreement, and satisfying liens. The document notes some challenges in implementation, such as lenders meeting timelines and subordinate lien holders accepting payment amounts.
DEBT RELIEF SERVICES & THE TELEMARKETING SALES RULE: A Guide for Business- Mark - Fullbright
The document provides guidance for businesses that offer debt relief services regarding the Telemarketing Sales Rule (TSR). Key points of the new rule include:
1. It is illegal to charge upfront fees before debts are settled. Fees can only be charged after each debt is resolved.
2. Certain disclosures must be made to customers before they sign up, including costs, timelines, and potential negative consequences of stopping payments.
3. Advertising claims about services must be truthful and substantiated to avoid misleading customers. Savings percentages must reflect results achieved for all prior customers.
Shiva sir factoring,discounting& forfaitingBarotlaxman
This document discusses factoring, forfaiting, and bill discounting as methods of short-term trade financing. It begins by outlining the objectives and structure of the unit. Factoring involves the sale of receivables to a factor who provides various services like financing, debt collection, and administration. Forfaiting allows exporters to receive funds by transferring debt rights to a forfaiter. Bill discounting allows financing through the acceptance of bill liabilities by a third party. The document then goes on to provide details on the operations, types, terms, advantages, and mechanics of factoring services.
Main Street Capital Short Sale Agreement (V1 8.11.08)Paul Clark
Main Street Capital Housing Corporation provides services to help homeowners avoid foreclosure through alternatives like loan modifications, short sales, forbearance agreements, and deed-in-lieu of foreclosure. They require homeowners to submit documentation like financial statements, bank statements, tax returns, and a real estate listing agreement to review the homeowner's eligibility for these options and begin negotiations with lenders. The review process takes 30-45 days and foreclosure proceedings continue until an agreement is reached.
Renewing your Mortgage should be treated like a negotiation. All the Lenders want your business! Arm yourself with knowledge to get the best rate for your mortgage.
The document summarizes the Home Affordable Modification Program (HAMP) and the Home Affordable Foreclosure Alternatives (HAFA) program. HAMP allows homeowners to apply for a loan modification to avoid foreclosure, while HAFA provides an alternative for homeowners who do not qualify for HAMP by allowing pre-approved short sales with incentives for all parties. The document outlines the eligibility requirements and processes for both programs.
Understanding the CFPB's New Lending StandardsDavid Rocheford
The Consumer Financial Protection Bureau (CFPB) was created in 2011 to regulate consumer financial products and protect consumers. It is responsible for creating and enforcing new rules regarding mortgages under the Dodd-Frank Act. Two key rules are the Ability-to-Repay (ATR) rule, which requires lenders to ensure borrowers can afford their loans, and the Qualified Mortgage (QM) rule, which provides legal protections to lenders originating certain loans. The CFPB also introduced new Loan Estimate and Closing Disclosure forms to replace previous disclosures and implemented new timing and content requirements.
The New Paradigm In Vendor Management Under CFPB - Law360John Barnes
The document discusses the Consumer Financial Protection Bureau's (CFPB) oversight of third-party vendors that provide services to financial institutions. It outlines that the CFPB holds financial institutions responsible for the conduct of their third-party service providers. The CFPB has taken enforcement actions against banks for issues caused by vendors' noncompliance. The document also notes uncertainty around which types of entities would be considered "service providers" by the CFPB, leaving financial institutions to assume broad oversight of companies involved in lending.
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The document summarizes key provisions of the recently passed Financial Reform Law. It discusses regulations that will expand federal oversight of financial institutions, create a new Consumer Financial Protection Bureau, and reform mortgage and lending practices. Major changes include restricting proprietary trading by banks, requiring "skin in the game" for risky asset-backed securities, and new rules regarding debit/credit fees charged to retailers. The full implementation of the law will take years and financial institutions should consult legal counsel on how it affects their practices.
The American Conference Institute (ACI) Forum on Mortgage Servicing Compliance, Dealing with Successors in Interest and Consumers in Bankruptcy: New Servicing Requirements in the Wake of the Amended CFPB Final Mortgage Servicing Rules, Washington, DC, November 30 - December 1, 2016
Real estate licensees owe consumers several duties regardless of the business relationship, including exercising reasonable skill and care, dealing honestly, and presenting all offers and communications. Key contractual terms like fees, duties, and sharing arrangements must be addressed in a written agreement. The Real Estate Recovery Fund exists to reimburse consumers who obtain civil judgments against licensees for fraud but are unable to collect. Consumers should be advised that no representation is presumed without a signed written agreement selecting a business relationship.
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Embarking on the journey to acquire a farmhouse for sale is just the beginning; the real investment lies in crafting an environment that contributes to our mental and physical well-being while satisfying the soul. At Farmlandbazaar.com, India’s leading online marketplace dedicated to farm land, farmhouses, and agricultural lands, we understand the importance of transforming a humble farmland into a warm and inviting sanctuary. Let's explore the fundamental aspects that can elevate your farmhouse into a tranquil haven.
The SVN® organization shares a portion of their new weekly listings via their SVN Live® Weekly Property Broadcast. Visit https://svn.com/svn-live/ if you would like to attend our weekly call, which we open up to the brokerage community.
Serviced Apartment Ho Chi Minh For RentalGVRenting
GVRenting is the leading rental real estate company in Vietnam. We help you to find a serviced apartment for rent in Ho Chi Minh & Saigon. Discover our broad range of rental properties in Vietnam.
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Discover Yeni Eyup Evleri 2, nestled among the rising values of Eyupsultan, offering the epitome of modern living in Istanbul.
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Your home is positioned in a privileged location, providing easy access to the city center, shopping malls, restaurants, schools, and other important places.
Yeni Eyup 2 offers 1+1, 2+1, and 3+1 apartment options designed to meet different needs. Find an option suitable for every lifestyle and open the doors to a comfortable life in your dream home.
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BEST FARMLAND FOR SALE | FARM PLOTS NEAR BANGALORE | KANAKAPURA | CHICKKABALP...knox groups real estate
welcome to knox groups real estate company in Bangalore. best farm land for sale near Bangalore and madhugiri . Managed farmland near Kanakapura and Chickkabalapur get know more details about the projects .Knox groups is a leading real estate company dedicated to helping individuals and businesses navigate the dynamic real estate market. With our extensive knowledge, experience, and commitment to excellence, we deliver exceptional results for our clients. Discover the perfect foundation for your agricultural aspirations with KNOX Groups' prime farm lands. These aren't just plots; they're the fertile grounds where vibrant crops flourish, livestock thrives, and unique agricultural ventures come to life. At KNOX, we go beyond selling land we curate sustainable ecosystems, ensuring that your journey toward agricultural success is seamless and prosperous.
AVRUPA KONUTLARI ESENTEPE - ENGLISH - Listing TurkeyListing Turkey
Looking for a new home in Istanbul? Look no further than Avrupa Konutlari Esentepe! Our beautifully designed homes provide the perfect blend of luxury and comfort, making them the perfect choice for anyone looking for a high-quality home in the city.
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1. KEVIN W. HARDIN CMB, CMC, CMPS
KHardin@ThomsonLawPLC.com
IS THERE LIFE ON MARS?
On November 19, 2010, the Federal Trade Commission announced a new rule aimed at protecting
financially distressed homeowners who use so-called mortgage assistance relief services which is known as “MARS”.
The new rule is 15 pages long and is supported by more than 160 pages of explanation and history. This discussion
is not intended to be an exhaustive review of the new rule. Rather, this article focuses only on the basic elements of
the new MARS rule to homeowners who are considering a short sale and to Short Sale Negotiators and real estate
brokers who attempt to negotiate short sales or refer their seller clients to third party negotiators.
First, some key terms under the new rule.
• A “provider” includes any person who provides, offers to, or arranges for others to negotiate, obtain or arrange a
short sale of a dwelling.
• A “dwelling” means a residential structure containing four or fewer units, whether or not that structure is attached to
real property, that is primarily for personal, family, or household purposes and includes individual condominium units,
cooperative units, mobile homes, manufactured homes and trailers.
Now, to be clear, the new MARS rule does not apply to real estate brokers who provide only real estate brokerage
services to their clients (e.g. listing, showing, negotiating the transaction with the buyer) and who do not attempt to
negotiate or otherwise provide services related to obtaining lender approval of a short sale. In addition, attorneys who
satisfy certain conditions are exempt from the new MARS rule.
The MARS rule has three main elements.
FIRST ELEMENT – DISCLOSURE
Short Sale Negotiators must now provide significant disclosures in any and all commercial communications issued to
homeowners. For purposes of the rule, “commercial communications” means any written or oral statement,
illustration, or depiction, that is designed to effect a sale or create interest in purchasing any short sale service, plan,
or program. Promotional materials and items and Web pages are included in the term “commercial communication.”
With respect to general commercial communications that occur prior to the consumer agreeing to use a Short Sale
Negotiator (and that is not directed at a specific consumer), Short Sale Negotiators must include the following:
(1) “(Name of company) is not associated with the government, and our service is not approved by the government or
your lender.”
(2) “Even if you accept this offer and use our service, your lender may not agree to change your loan.”
And there’s more. When making any commercial communications directed at a specific consumer, the disclosures
must also include the following:
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“You may stop doing business with us at any time. You may accept or reject the offer of mortgage assistance we
obtain from your lender [or servicer]. If you reject the offer, you do not have to pay us. If you accept the offer, you will
have to pay us (insert amount or method for calculating the amount) for our services.”
For the purposes of this disclosure, the amount the consumer has to pay consists of the total amount the consumer
must pay to purchase, receive and use all of the mortgage assistance relief services that are the subject of the sales
offer, including, but not limited to; all fees and charges. Many Short Sale Negotiators attempt to get paid by the listing
broker. Even if that is the case, a disclosure of that fee must be made.
SECOND ELEMENT – FEES
Under the MARS rule, a Short Sale Negotiator:
(a) may NOT request or receive payment of any upfront fees or other consideration until the consumer has
executed a written agreement with their lender or servicer incorporating the offer of mortgage assistance
relief the Short Sale Negotiator obtained;
(b) MUST disclose, at the time the Short Sale Negotiator furnishes the consumer with the proposed written
agreement with their lender or servicer (e.g. the short sale approval letter), the following information:
“This is an offer of mortgage assistance we obtained from your lender [or servicer]. You may accept or reject
the offer. If you reject the offer, you do not have to pay us. If you accept the offer, you will have to pay us
[same amount as previously disclosed] for our services.” “and,
(c) MUST provide, at the time the Short Sale Negotiator furnishes the consumer with the written agreement
specified in paragraph (a) above, a notice from the consumer’s lender or servicer that describes all material
differences between the terms, conditions, and limitations associated with the consumer’s current mortgage
loan and the terms, conditions, and limitations associated with the consumer’s mortgage loan if he or she
accepts the dwelling loan holder’s or servicer’s offer.
THIRD ELEMENT – PERFORMANCE REPRESENTATIONS
The MARS rule makes it unlawful for any Short Sale Negotiator to engage in certain conduct including:
(a) Representing in connection with the advertising, marketing, promotion, offering for sale, sale, or
performance of the short sale negotiation service, that a consumer cannot or should NOT contact or
communicate with his or her lender or servicer;
(b) Misrepresenting any material aspect of the short sale service, including such things as:
• the likelihood of negotiating, obtaining, or arranging any represented service or result;
• the amount of time it will take the Short Sale Negotiator to accomplish the short sale negotiation;
• the consumer’s obligation to make scheduled periodic payments or any other payments pursuant to
the terms of the consumer’s dwelling loan;
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• the terms or conditions of the consumer’s dwelling loan, including but not limited to the amount of
debt owed;
• that the mortgage assistance relief service provider has completed the represented services or has
a right to claim, demand, charge, collect, or receive payment or other consideration;
• that the consumer will receive legal representation;
• the availability, performance, cost, or characteristics of any alternative to for-profit mortgage
assistance relief services through which the consumer can obtain mortgage assistance relief,
including negotiating directly with the dwelling loan holder or servicer, or using any nonprofit
housing counselor agency or program;
• the amount of money or the percentage of the debt amount that a consumer may save by using the
mortgage assistance relief service;
• the total cost to purchase the mortgage assistance relief service; or
• the terms, conditions, or limitations of any offer of mortgage assistance relief the provider obtains
from the consumer’s dwelling loan holder or servicer, including the time period in which the
consumer must decide to accept the offer.
(c) Making a representation about the benefits, performance, or efficacy of any short sale negotiations
service unless, at the time such representation is made, the provider possesses and relies upon competent
and reliable evidence that substantiates that the representation is true.
For homeowners who are considering a short sale, the benefits of the new MARS rule are clear.
• The new disclosures will arm consumers with more information about the relationship with the Short Sale
Negotiator before they commit to the short sale process.
• The Short Sale Negotiator can accept no fees before the consumer agrees to the short sale terms offered by
their lender.
• There are now clearly defined limits to the representations that can be made by a Short Sale Negotiator.
For Short Sale Negotiators, the new rule places significant regulatory constraints on their business. Any legitimate
person or company engaged in the providing of short sale negotiation services will quickly call their legal counsel for
advice on how to comply with the new rule. With the added costs of compliance, it is uncertain how many smaller
Short Sale Negotiation firms will be able to stay in business.
For real estate brokers, the new rule should now make one thing patently clear. Stay out of short sale negotiation
unless you are ready to fully comply with the MARS rule. Remember, while typical real estate brokerage services are
not classified as a provider under the new MARS rule, you cannot use the real estate brokerage services as a shield
to compliance with the new rule if you are legitimately engaged as a Short Sale Negotiator. In addition, it is a violation
of the rule for any person to provide substantial assistance or support to any Short Sale Negotiator when that person
knows or consciously avoids knowing that the provider is engaged in any act or practice that violates this rule. So,
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any real estate broker who refers his or her client to a Short Sale Negotiator should be certain that the Short Sale
Negotiator is fully compliant with the new MARS rule.
The Consequences for Violators can be significant and severe; fines up to $11,000 per day for those who fail to
comply with the new MARS rule.
All parts of the new rule went into effect on December 29, 2010 with the exception of the prohibition on advance fees
that go into effect on January 31, 2011.
Kevin W. Hardin CMB, CMC, CMPS
Neil W. Thomson, Attorney
www.ThomsonLawPLC.com
www.MortgageMediationGroup.com
2701 E. Camelback Rd. Suite 150
Phoenix, AZ 85016
602-774-3757
If you have any questions please call our firm at the number above. The Mortgage Mediation Group is a
practice group of the Law Firm of Thomson Law, PLC. This group is focused on assisting homeowners
facing a point today or in the future when they can no longer afford their mortgage or it no longer is
feasible to pay AND owe more than their home is worth. Solutions can range from Mortgage Liability
Review, Short Sale Review and Negotiation, Loan Modification, Lien Settlement, Foreclosure Defense,
Deficiency Defense, Deed in Lieu and Bankruptcy (Chapter 7, 13, Lien Strip and Mortgage Cramdown).
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602.774.3757 | 602.840.3290 Fax | 2701 East Camelback Road | Suite 150 | Phoenix, Arizona 85016 | www.ThomsonLawPLC.com