California Bill Aims to Fine Companies in Possession of Vacant Homes

Legislation Update
February 19, 2020

Source: Senator Nancy Skinner

Additional Resource:

California Legislature (SB-1079 information/full text)

Sen. Nancy Skinner, D-Berkeley, introduced today Senate Bill 1079 to reduce the number of vacant homes in California and give tenants the right of first refusal to buy foreclosed properties. SB 1079 would also allow cities and counties to fine corporations that own multiple single-family homes for keeping housing vacant for more than 90 days and give local governments first rights on such vacant properties to use them for affordable housing.

The issue of corporations purchasing homes and leaving them vacant was raised by Moms 4 Housing when the group occupied a corporately owned vacant home in West Oakland.

“Moms 4 Housing shined a light on the fact that while over a 150,000 Californians are now homeless, right now in our own neighborhoods, there are more than 1 million vacant homes,” Sen. Skinner said. “Many of these affordable homes were snatched up during a foreclosure by corporations who then kept the houses vacant or flipped them for hefty profits.”

According to the 2017 Census, the most recent complete data available, there were an estimated 1.1 million vacant homes in California. In the years after the foreclosure crisis, many corporations purchased foreclosed homes, particularly in economically distressed areas, and either kept the properties vacant or flipped them for much higher prices. Some corporations specifically target areas that restrict the creation of new housing, because as the housing crisis continues, homes in those communities deliver bigger profits for the companies.

Under SB 1079, if a home goes into foreclosure, tenants of that property would have the exclusive first opportunity to buy the house at a reasonable price during a 90-day period. If the tenants choose not to purchase the home, community land trusts and nonprofit affordable housing organizations, along with cities and counties, would have a chance to purchase the property before it goes on the open market.

Currently, cities and counties have the right of first refusal to buy a foreclosed home in most jurisdictions, but the local agencies often decide not to make the purchase for financial reasons. The property then goes up for auction where large corporations can buy them.

SB 1079 would also incentivize corporations to rent out or sell vacant homes by allowing cities and counties to pay the lowest appraised value when using their eminent domain powers to purchase corporately owned homes that are vacant for at least 90 days. Local agencies could then rent out the properties as affordable housing or sell them to community land trusts or affordable housing groups to be used as affordable housing.

SB 1079 would also give cities the greenlight to levy civil penalties against corporations that keep homes vacant for more than 90 days. Local agencies would be required to use the funds for homeless diversion, rental assistance, and other affordable housing purposes.

“There is no excuse for a vacant home when so many of our neighbors are homeless,” Skinner added. “And helping tenants buy foreclosed homes rather than be evicted will keep people housed.”

CFPB: Supplemental Notice of Proposed Rulemaking on Time-Barred Debt Disclosures

Industry Update
February 21, 2020

Source: CFPB

WASHINGTON, D.C. – The Consumer Financial Protection Bureau (Bureau) today issued a Supplemental Notice of Proposed Rulemaking (Supplemental NPRM) regarding the collection of time-barred debt. The Bureau proposes to prohibit collectors from using non-litigation means (such as calls) to collect on time-barred debt unless collectors disclose to consumers during the initial contact and on any required validation notice that the debt is time-barred. Consumer research conducted by the Bureau found that a time-barred debt disclosure helps consumers understand that they cannot be sued if they do not pay. That can help consumers make better informed decisions whether to pay the debt or not.

In May 2019, the Bureau published a proposal (May 2019 NPRM) to implement the Fair Debt Collection Practices Act (FDCPA). The May 2019 NPRM would provide consumers with clear protections against harassment by debt collectors and straightforward options to address or dispute debts; set clear, bright-line limits on the number of calls debt collectors may place to reach consumers on a weekly basis; clarify how collectors may communicate lawfully using newer technologies, such as voicemails, emails and text messages, that have developed since the FDCPA’s passage in 1977; and require collectors to provide additional information to consumers to help them identify debts and respond to collection attempts.

The May 2019 NPRM also proposed to prohibit debt collectors from suing or threatening to sue on debts they know or should know are time barred. The Bureau included the “know or should know” standard in its proposal recognizing the concern that, in some instances, debt collectors may be genuinely uncertain whether the statute of limitations has expired even after undertaking a reasonable investigation. The Bureau received over 14,000 public comments on the May 2019 NPRM. A large number of comments addressed time-barred debt, including the proposed “know or should know” standard. The Bureau is analyzing those comments as part of the process of taking final action on the May 2019 NPRM. Given that the analysis is ongoing, the supplemental NPRM also proposes that standard.

The Supplemental NPRM proposes model language and forms that debt collectors could use to comply with the proposed disclosure requirements. As with the May 2019 NPRM, the Supplemental NPRM also proposes to require disclosures only if a debt collector knows or should know that the debt is time barred to address debt collector liability if there was too much uncertainty as to whether a debt was time-barred. The public is invited to submit written comments on the proposed rule, including on the proposed knowledge standard.  The Bureau will carefully consider all comments received before a final regulation is issued.

The Supplemental NPRM is available at: https://www.consumerfinance.gov/policy-compliance/rulemaking/rules-under-development/debt-collection-practices-regulation-f-supplemental-proposal-time-barred-debt/

Auction.com: 2020 Default Servicing Industry Insights

Industry Update
February 26, 2020

Source: Auction.com

Most Default Servicers Expect Foreclosures to Increase in 2020 Despite no Economic Recession

  • 89 Percent Expect Increase in Foreclosure Inflow from Government-Insured Loans
  • Majority Expect Increased Foreclosure Inflow in Five of Seven U.S. Regions
  • 68 Percent Plan to Increase Loss Mitigation Actions
  • 41 Percent Plan to Price More Aggressively to Sell to Third-Party Buyers at Foreclosure Auction

Auction.com, the nation’s leading distressed real estate marketplace, today announced the results of its 2020 Default Servicing Insights report, based on a survey of more than 40 of the nation’s largest bank and nonbank default servicing clients along with representatives from government agencies involved in servicing and disposition of distressed properties.

Auction.com clients collectively account for 87 percent of all mortgage servicing volume nationwide based on an analysis of mortgage servicing data from Inside Mortgage Finance. Survey responses were submitted between Nov. 19 and Dec. 20, 2019, and the survey included questions regarding clients’ 2020 outlook for the U.S. economy and housing market, along with foreclosure and REO inflow expectations, foreclosure prevention plans, and foreclosure pricing strategies for the coming year.

High-level findings from the survey:
• Most respondents said they do not expect an economic recession in 2020.
• Two-thirds expect their foreclosure and REO inflow to increase in 2020.
• 89 percent expect an increase in foreclosure and REO inflow from government-insured loans.
• The majority expect foreclosure and REO inflow to increase in five of seven U.S. regions.
• 41 percent plan to price more aggressively to sell to third parties at foreclosure auction in 2020, with the remainder planning either no change in pricing strategy or less aggressive pricing.
• Eight out of 10 consider REO holding costs either the primary or an important factor in determining their foreclosure auction pricing strategy.

To access full report, please click the source link above.

Alabama Among Worst in Nation for Empty Housing

Industry Update
February 25, 2020

Source: Al.com

Greene County, deep in Alabama’s Black Belt region, is the smallest county in the state, and one of the poorest. It’s one of only two counties in Alabama with fewer than 10,000 people, according to the U.S. Census Bureau. And it’s shrinking – it lost nearly 10 percent of its population between 2010 and 2018.

As Greene loses population, the people who remain are forced to deal with the properties left behind. More than 42 percent of all housing units in Greene County were vacant in 2018, according to the Census. That’s the highest rate in Alabama, a state that itself is near the top of the country in terms of vacancy rate.

Alabama is fourth in the country for raw vacancy rate. More than 18 percent of all housing units in the state are empty. Not all empty houses and apartments are are a bad thing, though. Many areas of the country, included certain parts of Alabama, see their vacancy rates climb because they have lots of seasonal housing.

Think of Alabama beaches in Baldwin County. There are lots of beach houses and condos that sit empty for most of the year, but are used throughout the summer. As a result, Baldwin’s raw vacancy rate is high – nearly 30 percent. And Baldwin is the fastest growing county in Alabama.

To access full report, please click the source link above.

Strong Winter Storm Moving Across Country

Updated 2/25/20: ABC News issued a report offering the latest on strong winter storm that is expected to bring substantial snow accumulations to multiple states.

Winter Storm Moving East with Heavy Snow

Disaster Alert
February 24, 2020

Source: ABC News

Additional Resource:

KIRO 7 (Strong winds bring down trees, power lines across Western Washington)

NOTE: This has not yet been declared a FEMA Major Disaster.

13 states from Washington to Illinois are on alert for heavy snow and flooding.

Two storm systems moving out of the West will combine into a Winter Storm in the middle of the country and could bring the biggest snowstorm of the season to parts of Midwest.

Already on Sunday, the northern storm brought damaging winds up to 50 mph in Seattle where trees were reported down on homes, critically injuring a person.

In Colorado, the southern storm brought heavy snow of up to 10 inches that caused accidents on the roads on Sunday.

As these storms move east, 13 states from Washington to Illinois are on alert for heavy snow and flooding.

This morning, the southern storm is already in the Plains and bringing rain ahead of it for most of the South and Mid-Mississippi River. Flooding is also possible in the Plains today as this heavy rain moves through.

To the north, heavy snow is falling in the northern Rockies from Idaho to northern Colorado.

By Tuesday morning, the storms should begin to combine in the Midwest and spread heavy rain all the way to the East Coast.

For full report, please click the source link above.

FHA INFO #20-15: Proposed CWCOT Enhancements

Investor Update
February 24, 2020 

Source: HUD

Today, the Federal Housing Administration (FHA) announced that it has posted on its Single Family Housing Drafting Table, proposed enhancements to its Claims Without Conveyance of Title (CWCOT) program. All FHA-approved mortgagees, servicers, and other interested stakeholders are invited to review the posted content and provide feedback on the proposed program updates through March 9, 2020.

Originally piloted in 2013, CWCOT is an FHA claim option through which insurance benefits are paid to a mortgagee after the sale of the property to a third party at foreclosure of the FHA-insured mortgage or through a second chance sale. This means there is no conveyance of the property to the Department of Housing and Urban Development in exchange for payment of the mortgage insurance benefit.

While FHA’s CWCOT program has enjoyed success to date, the agency has identified several key areas for improvements to the existing program that could make it even more viable for foreclosure sales associated with defaulted FHA-insured mortgages going forward.

As previously mentioned, FHA is seeking feedback on the proposed CWCOT program enhancements posted on the Drafting Table. Once the two-week feedback period ends, FHA will carefully consider the responses received and — if and/or where applicable — incorporate that feedback into a final CWCOT policy document to be published at a later date.

Instructions for providing feedback are posted on the Drafting Table. Additionally, interested stakeholders can go to www.hud.gov/answers or call the FHA Resource Center at 1-800-CALLFHA (1-800-225-5342) for more information. Persons with hearing or speech impairments may reach the FHA Resource Center via TTY by calling the Federal Relay Service at 1-800-877-8339.

Quick Links
• View the proposed enhancements to FHA’s CWCOT program on the Single Family Housing Drafting Table at: https://www.hud.gov/program_offices/housing/sfh/SFH_policy_drafts

Resources
Contact the FHA Resource Center:
• Visit our online knowledge base to obtain answers to frequently asked questions 24/7 at:
www.hud.gov/answers.
• E-mail the FHA Resource Center at: answers@hud.gov. Emails and phone messages will be responded to during
normal hours of operation, 8:00 AM to 8:00 PM (Eastern), Monday through Friday on all non-Federal holidays.
• Call 1-800-CALLFHA (1-800-225-5342). Persons with hearing or speech impairments may reach this number by
calling the Federal Relay Service at 1-800-877-8339.

Erie County Introduces “ZOMBIE Watch”

Industry Update
February 22, 2020

Source: WBEN

Additional Resources:

Erie County Clerk’s Zombies Initiative

WKBW ABC (Erie County Taking Steps to Identify Vacant Property Stakeholders)

Erie County Clerk partners with WNY Law Center to combat neglected properties

CLARENCE, N.Y. (WBEN) – The latest initiative to combat zombie properties has been unveiled by the Erie County Clerk.

The Erie County Clerk’s ZOMBIES Initiative is intended to address vacant or abandoned homes, specifically with those that still have a mortgage.

Erie County Clerk Mickey Kearns announced the partnership with the Western New York Law Center to identify vacant and abandoned properties and to have them addressed through maintenance and repair.

“One of the things we noticed is that we get a lot of complaints in from neighbors and we wanted to be more proactive in making sure they know what’s happened with these houses,” Kate Lockhart, Director of the WNY Law Center’s Vacant and Abandoned Property Program, said. “That’s why we’re rolling out the Zombie Watch program. We’re putting signs in front of properties so neighbors know where to file complaints.”

To access full report, please click the source link above.

Safeguard Properties Enhances Controls Around Scheduled Inspections

News Release
February 18, 2020

Valley View, OH, February 18, 2020 — Safeguard Properties, the mortgage field services industry leader, has developed enhanced controls surrounding insurance loss and other scheduled inspections through its proprietary SafeView Field Services platform.

Utilizing SafeView Inspect, our integrated mobile inspection application, inspectors attempting to contact property occupants to schedule an inspection service are required to document proof of phone calls, voicemail messages and any other efforts to reach out. This eliminates any confusion regarding the inspector’s attempts to schedule the inspection.

Safeguard Scheduled Inspections (video)

The video linked above offers an overview of the enhancements Safeguard has developed.

“By adding controls around this process, we are able to provide clients the most up-to-date information regarding contact attempts and, ultimately, the condition of their assets,” said Alan Jaffa, CEO of Safeguard Properties. “Innovations like this allow us to maintain the high level of customer service and quality results our clients expect from Safeguard.”

SafeView Inspect provides full-service field support for our nationwide inspector network. In addition to the new scheduled inspections controls, the app utilizes geolocation technology to confirm the correct property, allows inspectors to obtain required photo documentation with tagged metadata, and applies smart scripting technology to ensure all vital property data is captured.

Those attending MBA’s Servicing Solutions Conference & Expo on Feb. 23-26 in Orlando, can learn more about these and all of Safeguard’s enhancements by stopping by Booth #601 or scheduling a meeting with Tim Rath at tim.rath@s.safeguardproperties.com.

About SafeView
SafeView is Safeguard Properties’ workflow management software designed to meet the ever-changing requirements of the field services industry. SafeView utilizes a dynamic rules-based engine to provide order processing, routing, invoicing and reporting services to ensure quality results.

About Safeguard
Safeguard Properties is the mortgage field services industry leader, inspecting and preserving vacant and foreclosed properties across the U.S. With a focus and investment in innovative technologies, Safeguard provides the highest quality service to our clients by proactively developing industry best practices and quality control procedures. We pride ourselves in our dedication to working with community leaders and officials to eliminate blight and stabilize neighborhoods across the country. Learn more at www.safeguardproperties.com.

Contact
Megan Greenwalt, corporate communications
800-852-8306, ext. 1870
megan.greenwalt@s.safeguardproperties.com

Media sharing in this news:
DS News (Safeguard Develops Platform for Inspections)

MortgageOrb (Safeguard Properties Enhances SafeView Field Services Platform)

President Trump Announces Nomination for Federal Housing Commissioner

Industry Update
February 20, 2020

Source: The White House

Today, President Donald J. Trump announced his intent to nominate the following individual to a key position in his Administration:

Dana T. Wade of the District of Columbia, to be the Assistant Secretary for Housing, Federal Housing Commissioner.

Mrs. Wade was previously the Acting Federal Housing Commissioner and Assistant Secretary for Housing from July 2017 to June 2018.  In this capacity, she oversaw over 2,400 employees and implemented enhanced risk management and monitoring of the Federal Housing Agency’s $1.3 trillion portfolio.  Wade also served as a Program Associate Director for General Government at the Office of Management and Budget from December 2018 to December 2019, where she led budget oversight for six Executive Branch agencies with a keen focus on financial services, including the Department of Housing and Urban Development, and multiple independent agencies. She has also held some of the most senior staff positions in Congress, serving as the Deputy Staff Director for the United States Senate Committee on Banking, Housing, and Urban Development and the Republican Deputy Staff Director for the United States Senate Committee on Appropriations under Senator Richard Shelby (R-AL). Wade holds an MBA from the Wharton School at the University of Pennsylvania and a BA in Economics from Georgetown University.

FHA INFO #20-13: Training Opportunities

Investor Update
February 14, 2020 

Source: HUD

—There is no charge for training courses and webinars offered by the Federal Housing Administration —

Course Title: NEW FHA Quality Assurance Update: Q1 2020

Date/Time:
Wednesday, February 26, 2020, 2:00 PM – 3:30 PM (Eastern)

Event Location:
Online Webinar – No Fee

Jurisdictional Host:
Office of Lender Activities and Program Compliance

Registration Link:
https://easthillmedia.zoom.us/webinar/register/WN_Iqn2FsCzSJubiCbrbK3bRA

Description:
This free, online webinar will provide an update on the Federal Housing Administration’s (FHA) quality assurance results for the most recent quarter, as well as specific information on how lenders can access reports and data through the Loan Review System (LRS). There will also be a live Question and Answer session at the end of the webinar.

Audience:

Although open to all stakeholders, this webinar is primarily for compliance, risk management, and quality control staff for FHA-approved mortgagees.

Special Instructions:
Advance registration is required no later than February 25, 2020. Registered attendees will receive a link via email to access the webinar and other details with their registration confirmation.

Resources
Contact the FHA Resource Center:
• Visit our online knowledge base to obtain answers to frequently asked questions 24/7 at: www.hud.gov/answers.
• E-mail the FHA Resource Center at: answers@hud.gov. Emails and phone messages will be responded to during normal hours of operation, 8:00 AM to 8:00 PM (Eastern), Monday through Friday on all non-Federal holidays.
• Call 1-800-CALLFHA (1-800-225-5342). Persons with hearing or speech impairments may reach this number by calling the Federal Relay Service at 1-800-877-8339.