‘Zombies 2.0’: Attorney General James announces $9 Million in Grants for Communities Dealing with Vacant & Abandoned Properties

Industry Alert
January 28, 2019

Source: Office of NY Attorney General Letitia James

SYRACUSE – Attorney General Letitia James today announced “Zombies 2.0,” the expansion of a grant initiative to address the growing statewide issue of “zombie homes”– vacant and abandoned homes that are not maintained during a prolonged foreclosure proceeding.  

“Zombies 2.0” will provide up to $9 million in grants to municipalities across the state to address housing vacancy and blight. The grants will provide funds to municipalities to increase housing code enforcement, track and monitor vacant properties, and bolster legal enforcement capacity to ensure banks and mortgage companies comply with local and state law.  

“Far too many communities throughout New York continue to be blighted by zombie homes,” said Attorney General Letitia James. “These abandoned houses significantly decrease property values and threaten the safety of surrounding neighborhoods. Zombies 2.0 will be a key resource for cities and town across the state to combat this nuisance, and make communities whole.” 

These grants are a continuation of the 2016 Zombie Remediation and Prevention Initiative created by the Office of the New York Attorney General, which provided nearly $13 million in grants to 76 New York municipalities. This year’s grant will allow previous recipients to continue their previous work, or will give first-time grantees the opportunity to secure funding to support their zombie and vacant property efforts. 

Through the grants provided by the Zombie Remediation and Prevention Initiative, municipalities:  

•Improved data collection and analysis to track vacant and abandoned properties; 

•Invested in new technology to better collect and analyze data to address the collective impact of vacant properties on neighborhoods; 

•Created “Zombie Coordinators” and Taskforces to coordinate code enforcement activities and resources; 

•Boosted capacity of code enforcement and legal departments to enforce relevant laws to hold lienholders accountable or seek remedies to improve housing quality; and, 

•Connected at-risk homeowners to foreclosure prevention resources.  

The “Zombies 2.0” funding is a result of the Office of the New York Attorney General’s $500 Million Settlement with the Royal Bank of Scotland in 2018 over the bank’s deceptive practices and misrepresentations to investors in connection with the packaging, marketing, sale, and issuance of residential mortgage-backed securities (RMBS) leading up to the financial crisis. The settlement marks a total of $22 Million investments in zombie grants funded by settlements from banks.  

“Zombie properties leave an undue burden on the communities that surround them,” said Assemblymember Pamela Hunter. “Neglected properties that fall into disrepair because of absentee banks attract crime and lower the property values of surrounding homes. The program announced today will give municipalities and homeowners the resources they need to mitigate blight and put communities back on track. 

“I thank Attorney General James for continuing to help our municipalities battle the scourge of “zombie” properties,” said Assemblymember Bill Magnarelli. “Even though it has been a decade since the “mortgage foreclosure crisis”, our Upstate municipalities continue to deal with abandoned and blighted properties that damage neighborhoods.  These new funds made available by the Attorney General will allow our cities, towns and villages to take action on these properties and return them to productive use.”

“Communities all across New York State are affected by abandoned homes and zombie properties,” said Cortland Mayor Brian Tobin. “I thank the Attorney General’s Office for their support as we continue to move forward we need to be aggressive in bringing properties that are not in compliance so that they are no longer a drain in their communities.”  

“Municipalities all over the state are reducing their number of vacant homes, energizing their local economies and improving their long-term quality of life,” said Helene Caloir, director of LISC’s New York Stabilization Fund, which also administered the state’s first round of zombie grants. “One vacant house gets spruced up and soon there are prospective purchasers; surrounding neighbors start investing more in their homes as nearby properties improve; and the entire community is lifted. House by house, block by block, neighborhoods are on the upswing.” 

“Enterprise is pleased to provide resources to continue the successful work LISC and the OAG have undertaken to address “zombie” properties in communities throughout New York State,” said Judi Kende, vice president and New York market leader, Enterprise Community Partners. “Empowering municipal leaders to alleviate blight will create economic opportunity and turn vacant and abandoned properties into valuable assets for communities still recovering from the foreclosure crisis.” 

The Zombie Remediation and Prevention Initiative coincided with the passage of the New York State Abandoned Property Neighborhood Relief Act of 2016 (the “Zombie Law”) which requires banks and other mortgagees to externally maintain vacant one-to-four family houses during the foreclosure process or face a potential penalty of up to $500 per day per property. Zombie grantees used funds to bolster legal efforts to enforce the Zombie Law by issuing citations to noncompliant mortgagees or in some cases taking mortgagees to court to enforce the law. 

Local Initiatives Support Corporation (LISC) is managing Zombies 2.0 with funds administered by Enterprise Community Partners. LISC will issue a Request for Applications by invitation to municipalities based on the number of abandoned residential properties within the municipality; the proportion of such properties compared to the overall number of residential properties; and its level of general economic distress. All invitees must have populations of at least 5,000 residents and at least 100 vacant and abandoned properties, or multiple municipalities can apply jointly to equal or exceed the population and vacant residential properties minimums. 

Applications are due Friday, March 8, 2019. Awards are expected to be announced April 12, 2019. 

LISC expects to award grants in amounts ranging from $50,000 to $500,000 based on the scale and severity of their “zombie” and other vacant one-to-four family house problems. 

Senate Expected to Pass Bill to End Shutdown

Industry Update
January 25, 2019

Source: The Hill

The Senate is expected to take up a three-week stopgap bill to end the partial government shutdown later Friday after President Trump agreed to end the shutdown.

Majority Leader Mitch McConnell (R-Ky.) said that with “cooperation” the Senate can pass the continuing resolution (CR) on Friday, minutes after Trump announced the deal from the White House.

“With cooperation, we can pass legislation opening the government and send the DHS [Department of Homeland Security] appropriations bill to a conference with the House today,” McConnell said.

Senate Minority Leader Charles Schumer (D-N.Y.) said that he expected the CR to “clear the House and be signed by the president today.”

“As soon as the president signs the legislation to open government, we in Congress will roll up our sleeves. I genuinely hope that this process can produce something that is good for the country and acceptable to both sides,” Schumer said.

McConnell will technically need to get unanimous consent to pass the stopgap funding measure. But several senators leaving a closed-door GOP lunch predicted it would pass easily by a voice vote, meaning only a few senators will need to be on the floor.

The agreement locked down by Trump and congressional leadership would open up the quarter of the government that has been closed since Dec. 22 and fund it until Feb. 15. In exchange, Congress would agree to go to conference on the DHS funding bill.

Fannie Mae: Enhancements Reduce Manual Work on FHA Loan Payoffs

Investor Update
January 25, 2019

Source: Fannie Mae

Starting Jan. 27 you won’t need to contact Fannie Mae Investor Reporting analysts to request shortage surplus adjustments for Actual/Actual Federal Housing Administration (FHA) loan payoffs. Our system will automatically calculate the interest due at the time of payoff on FHA mortgages closed on or after Jan. 21, 2015.

FHA Policy
Fannie Mae Investor Reporting Manual

VA: VALERI Servicer Newsflash

Investor Update
January 25, 2019

Source: VA (full release)

VALERI Down Time – On Saturday, January 26, 2019, the application will be unavailable from 7:00 PM EST until 11:00 PM EST.

Development Updates

On Saturday, January 26, 2019, VALERI Manifest 18.4 will be released and will include CQ 13638. This enhancement will update the logic in the redemption expiration date business rule on the Transfer of Custody event for the State of Utah on non-judicial foreclosures.

Reminder

ALAC Mailbox – The alac.vbamla@va.gov mailbox is still inactive. Until further notice, all payment related inquiries should continue to be directed to Rochele Galbizo at Rochele.Galbizo@va.gov and Kevin Brice at Kevin.Brice@va.gov

VALERI HelpDesk
VA Central Office Loan Management

Foreclosure Prevention Report – October 2018

Investor Update
January 22, 2019

Source: FHFA

October 2018 Highlights

The Enterprises’ Foreclosure Prevention Actions:

•The Enterprises completed 15,272 foreclosure prevention actions in October, bringing the total to 4,258,046 since the start of the conservatorships in September 2008. Over half of these actions have been permanent loan modifications.

•There were 10,484 permanent loan modifications in October, bringing the total to 2,298,636 since the conservatorships began in September 2008.

•Twenty-eight percent of modifications in October were modifications with principal forbearance. Modifications with extend-term only accounted for 64 percent of all loan modifications during the month.

•There were 633 short sales and deeds-in-lieu of foreclosure completed in October, up slightly compared with September.

The Enterprises’ Mortgage Performance:

•The serious delinquency rate dropped from 0.79 percent at the end of September to 0.76 precent at the end of October.

The Enterprises’ Foreclosures:

•Third-party and foreclosure sales increased from 3,705 in September to 4,416 in October.

•Foreclosure starts increased from 9,419 in September to 12,752 in October.

Destructive Tornado Damages Homes in Alabama

Disaster Alert
January 20, 2019

Source: The Weather Channel

Approximate locations sustaining property damage:

Alabama

  • Wetumpka (Elmore County, 36092, 36093)

NOTE: This is not yet a FEMA Declared Disaster.

A line of strong thunderstorms on the wet side of Winter Storm Harper spun up several tornadoes in Mississippi, Alabama and Florida Saturday, including an EF2 tornado that caused extensive damage in Wetumpka, Alabama. A total of seven tornadoes have been confirmed.

Reports on social media say the tornado brought down trees, damaged homes, destroyed a historic Presbyterian church and damaged the Wetumpka Police Department. Only one minor injury was reported.

“We have several buildings downtown with serious structural damage,” Sheriff Bill Franklin told the Montgomery Advertiser. “People may not be able to see that damage. The buildings are in danger of collapsing. We don’t want anymore injuries than we already have.”

Mayor Jerry Willis said at a Sunday morning news conference that the town “suffered a tremendous amount of damage.”

“Something that we’ve never had here before,” he added.

The National Weather Service also confirmed Sunday an EF1 tornado in Autauga County and an EF1 tornado in Coosa County near Rockford.

Earlier in the day, an EF0 tornado in Rankin County, Mississippi, knocked down several trees. A second EF1 tornado in Rankin County knocked down trees and power lines.

Buildings on Tyndall Air Force Base in Florida were damaged by an EF1 tornado early Saturday evening, according to base officials. The tornado moved a car, ripped roofs off of barracks and flipped dumpsters.

The National Weather Service office in Birmingham is sending two survey crews to the affected areas in four counties on Sunday to determine the severity of tornado damage.

Cuyahoga County Considers Sweeping Housing Program to Stabilize Neighborhoods

Updated 1/8/19: Ordinance 02019-0001 was introduced by the Cuyahoga County Council and had a first reading. It has been referred to the Community Development Committee.

Link to ordinance text

Land Bank Update
January 4, 2019

Source: cleveland.com

CLEVELAND, Ohio – Cuyahoga County proposes to launch a $30 million, six-year effort to stabilize home values, eliminate blight and to encourage renovation and construction of affordable housing.

If approved by County Council, the Cuyahoga County Housing Program also would refocus the county’s land bank from demolition to rehabilitation. Legislation will be introduced Tuesday, according to a council agenda posted Friday.

The legislation is sponsored by Council President Dan Brady, Vice President Pernel Jones Jr. and council members Dale Miller and Cheryl Stephens. It was drafted in concert with the county land bank, formally known as the Cuyahoga County Land Reutilization Corporation, and the county’s Department of Development.

Brady told cleveland.com that the program adopts recommendations from a 2016 housing study that suggested reinvestment in existing housing, and support for affordable housing countywide.

If approved, the program would begin in 2020.

What would the program do?

The aim would be to end years of disinvestment in some county neighborhoods brought on by aging houses, population decline and a foreclosure crisis that caused houses to be abandoned.

If approved as drafted, the program would address each of three housing needs in a county where 18,000 homes — over 4.2 percent of the county’s entire housing stock — are vacant.

The county land bank would oversee the renovation of homes and development of affordable and mid-level housing markets.

The Department of Development would provide loans, grants or technical assistance to homeowners for home repair, as well as assistance in obtaining mortgages.

Ninety percent of the money for home renovations would be used in either affordable or middle market neighborhoods.

How is this program different from others?

Brady said the new program would build on the work already completed by the county land bank and the expertise it has acquired.

Since 2009, has demolished more than 7,000 homes and rehabilitated about 1,800 others. It has also developed data, mapping and other techniques to improve neighborhoods by identifying homes for demolition or rehabilitation.

“Finding which house to improve to improve a whole neighborhood, to affect the valuation of the neighborhood most effectively — that’s where the [county land bank’s] strategy comes in,” said Kahlil Seren, research and policy analyst for Cuyahoga County Council.

Will the land bank stop razing homes?

No, but demolition will be greatly reduced. Cuyahoga Land Bank President Gus Frangos told cleveland.com that the time is right for his agency to begin pivoting to rehabilitation efforts because federal and county money for demolition is dwindling. Money already set aside for demolition will continue to be used for demolition and will not be affected by the housing program.

Frangos estimated that 3,000 to 5,000 homes are candidates for demolition in Cuyahoga County, down from 20,000 in 2009. He hopes more state money will be made available to continue demolition efforts. In the meantime, county dollars tagged for rehabilitation will drive the bulk of the county land bank’s work.

The housing program would require the county and county land bank to commit $30 million to rehabilitation, or $5 million each of the next six years. Most of the money, $21.5 million, would come from fees collected on delinquent property taxes. Another $5 million would come from the county’s portion of casino tax revenue, and $2.5 million would come from the county’s general fund.

Some money also might be generated by the rehabilitation of homes, or as the result of contributions from community development organizations, charitable organizations, banks, real estate developers or municipalities. Those profits would be reinvested into the program, Frangos said.

How would the renovation component work?

Homes in the county land bank’s inventory of vacant properties could be renovated by the county land bank, then sold to buyers, or could be renovated by the buyer.

The county land bank would identify properties suitable for a buyer to renovate, develop a renovation plan and post the property for sale. Prospective buyers would be screened to determine if they can handle the renovation. The county land bank would hold the deed in escrow until the buyer pulls permits and completes the required renovations.

What is the homeowner-assistance component?

Financial and technical assistance would be provided to current and potential homeowners who want to find affordable housing or maintain the housing they already have.

The financial assistance would be for home repairs, or mortgages of $70,000 or less. Banks often won’t give so-called smaller-dollar mortgages, even if the prospective buyer is creditworthy, Seren said.

The aim would be to making home ownership more accessible for lower- and middle-income people, young families, and first-time buyers.

What is the housing-market component?

Efforts to improve the housing market in county neighborhoods would be three-pronged: spurring investment in emerging markets, constructing homes on vacant lots, and laying the groundwork for investment in future markets.

For neighborhoods that are considered emerging markets, the goal would be to improve housing values and jump-start private development, in part by showing banks that an area can be worth investing in. The county land bank could do that by strategically choosing properties to rehabilitate, thereby creating comparable homes in the neighborhood and improving chances that private investment takes place.

The second part would involve constructing homes on vacant lots in neighborhoods with primarily older homes. Many buyers want newer homes with updated designs and modern amenities. In Cuyahoga County, that often means moving out of the city or inner-ring suburbs, where much of the land has already been developed.

“Those amenities are sometimes the reason people move to newer areas. In-fill construction will give choices to people who like the feel of an older neighborhood but want a newer house,” Seren said.

The final piece is the cultivation of future markets. Some neighborhoods are in such bad shape that groundwork needs to be laid before investment can occur.

The county land bank would prepare those areas through strategic planning, including the commissioning of feasibility studies, developing concepts for neighborhoods and piecing together parcels for future development. Such activities would be coordinated with the Department of Development, local municipalities, community development corporations and others.

Winter Storm Harper Set to Sweep Across Country

Updated 1/19/19: The Weather Channel published a report titled Winter Storm Harper Will Intensify as it Tracks From the Midwest to the Northeast This Weekend With Heavy Snow, Sleet and Ice.

Link to article

Updated 1/18/19: New Jersey Governor Phil Murphy issued a statewide emergency declaration in anticipation of Winter Storm Harper.

Link to declaration

Link to associated ZIP code list

NOTE: This is independent from any FEMA Declared Disaster.

Updated 1/18/19: Kansas Governor Laura Kelly issued a statewide emergency declaration in response to a severe winter storm.

Link to declaration

Link to associated ZIP code list

NOTE: This is independent from any FEMA Declared Disaster.

Updated 1/18/19:
Pennsylvania Governor Tom Wolf issued a statewide emergency declaration in anticipation of a severe winter event.

Link to declaration

Link to associated ZIP code list

NOTE: This is independent from any FEMA Declared Disaster.

Updated 1/18/19: The Weather Channel published a report titled Winter Storm Harper Is Moving Into the Plains and Will Be a Major Snowstorm Into the Weekend From the Midwest to the Northeast.

Link to article

Disaster Alert
January 17, 2019

Source: USA Today

NOTE: This is not currently a FEMA Declared Disaster.

After hammering California with rain and snow, a ‘blockbuster’ winter storm is taking aim on the East, where as much as 40 inches of snow could fall over the weekend. Road travel may become “impossible” due to the heavy snow; flight delays and cancellations are also likely.

After the storm heads offshore on Sunday, the intense cold will be the main weather story as bitterly cold air straight from the Arctic will roar in, bringing below-freezing temperatures to 200 million Americans.

As for the storm, “freezing rain, heavy snow and heavy rain are expected through the central and eastern U.S. over the next few days,” the National Weather Service warned.

On Friday, the heaviest snow will hit South Dakota, Nebraska, Minnesota, Kansas, Missouri and Iowa, AccuWeather said.

Then, the storm will wind up and roar into the Northeast and New England on Saturday and Sunday, where the heaviest snow will fall.

AccuWeather said 40 inches is possible in parts of northern New England, while close to 30 inches of snow may fall on parts of central and northern New York state and the northern tier of Pennsylvania. Snowfall rates could reach 2-3 inches per hour.

The storm “will be a blockbuster in terms of impact and dangerous conditions,” said AccuWeather meteorologist Alex Sosnowski.

Snowfall of 12-24 inches is likely to be more common in the heaviest band from the storm, AccuWeather forecasts. But blowing and drifting at the height and conclusion of the storm could cause the snow depth to vary by several feet.

“Plows are not likely to be able to keep up,” Sosnowski warned. “As the storm strengthens, winds will cause major blowing and drifting of snow.”

“Those who are on the road through the heart of the snow and ice area will be at risk for becoming stranded for many hours,” Sosnowski said, adding that they “may have to face temperatures plummeting to dangerously low levels.”

The combination of winds and heavy snow could lead to numerous power outages, particularly in the heaviest snow swath in the interior Northeast, according to the Weather Channel.

Boston should finally see its first inch of snow of the winter season.

The Weather Channel warned that a thin band of sleet and freezing rain is also possible in parts of the Ohio Valley eastward into the mid-Atlantic states.

The Weather Channel has named the storm Winter Storm Harper. No other private weather company, nor the National Weather Service, is using that name.

Following the storm, the coldest air of the season will roar across nearly the entire eastern half of the country by Monday: Some 200 million people will wake up to below-freezing temperatures on Monday morning, as far south as Florida, according to weather.us meteorologist Ryan Maue. Maue added that some 85 percent of the Lower 48 states will see temperatures at or below freezing.

A “flash freeze” could develop late Sunday, causing any standing water to quickly freeze, creating dangerous and slippery conditions.

Lows will be below zero in the upper Midwest and northern Plains with wind chills approaching 40 degrees below zero. Although the cold blast is expected to only last a day or two in most spots, it will likely mark the beginning of what is expected to be a cold end to January east of the Rockies, the Weather Channel said.

In fact, forecasters say the brutal, punishing stretch of intense cold should last well into February. The cold is partly due to the fracturing of the polar vortex earlier this month, which has slowly pushed unspeakably frigid air from the Arctic into the United States.

Western woes

On Thursday, California dealt with heavy rainfall, mountain snow and flooding that threatened to trigger mudslides in areas previously scarred by devastating wildfires.

In Northern California, trees and power lines toppled in some areas deluged by up to five inches of rain in recent days. The scenic Pacific Coast Highway was closed overnight near Big Sur due to mudslides and flooding.

In Southern California, the San Bernardino County Fire Department said 19 vehicles crashed and 35 people suffered “minor to modest injuries” in a crash in fog near mountainous Cajon Pass.

“This is a life-threatening situation,” the weather service said of the storm’s rampage.

Areas under evacuation orders included parts of fire-scarred Malibu, where all public schools were closed Thursday. Several vital canyon roads in the area were closed due to rock fall danger.

Three feet of snow or more were forecast high in the Sierra Nevada, where blizzard warnings were in effect deep into Thursday, the weather service said.

At least five deaths have been reported during the week of stormy weather.

Precipitation in California will begin to wind down by Thursday night and into Friday morning as the storm heads east.

HUD: Specific Program Shutdown Questions and Answers

Investor Update
January 11, 2019

Source: HUD

Like all federal agencies HUD is required to develop a plan in case there is a lapse in appropriations, often referred to as a government shutdown. The plan is a publicly available document and can be found at
http://portal.hud.gov/hudportal/documents/huddoc?id=hudcontingencyplanfinal.pdf.

Please click the source link above to access government shutdown FAQs.

CFPB: Reports on the Ability to Repay and Qualified Mortgage Rule and the RESPA Mortgage Servicing Rule

Investor Update
January 11, 2019

Source: CFPB

Today, I am pleased to announce we have published two reports assessing significant CFPB rules: The first assesses the effectiveness of our Ability to Repay and Qualified Mortgage Rule. The second assesses the effectiveness of the Mortgage Servicing Rule we issued under the Real Estate Settlement Procedures Act (RESPA).

For each of our significant rules or orders, section 1022(d) of the Dodd-Frank Act requires the Bureau to conduct an assessment addressing, among other relevant factors, the effectiveness of the rule or order in meeting the purposes and objectives of title X of the Dodd-Frank Act and the specific goals stated by the Bureau. Section 1022(d) further provides that an assessment shall reflect available evidence and any data we reasonably may collect. It also requires us to publish a report of that assessment no later than five years after each rule or order’s effective date.

This somewhat unique statutory requirement places a responsibility on the Bureau to take a hard look at each significant rule we issue and evaluate whether the rule is achieving its intended objectives, as well as title X’s purposes and objectives, or whether it is having unintended consequences with respect to those purposes and objectives. I see this as a valuable opportunity to assure that public policy is being pursued in an efficient and effective manner and to facilitate making evidence-based decisions in the future on whether changes are needed.

The Bureau issued the Ability to Repay and Qualified Mortgage Rule in January 2013 to implement provisions of the Dodd-Frank Act. Those provisions require lenders, before making a residential mortgage loan, to make a reasonable and good faith determination that the consumer has a reasonable ability to repay the loan. The rule took effect in January 2014.

The Bureau also issued the RESPA Mortgage Servicing Rule in January 2013 to implement certain provisions of the Dodd-Frank Act imposing new obligations on mortgage servicers who are generally responsible for billing borrowers for amounts due, collecting payments, disbursing funds, and providing customer service. The rule also added new protections, which the Bureau deemed appropriate or necessary to carry out the consumer protection purposes of RESPA. This rule also took effect in January 2014.

The CFPB’s Office of Research took the lead in conducting our assessments of these rules. Our researchers began work over two years ago in identifying the questions that needed to be asked and in exploring the available data sources to answer those questions. Bureau researchers then developed and solicited public comment on research plans.

The researchers determined that the effects of the rules could be studied to an extent through public and commercially-available data, and, in the case of the Ability to Repay and Qualified Mortgage Rule, with the National Mortgage Database, which the Bureau developed in collaboration with the Federal Housing Finance Agency. The CFPB also obtained a unique dataset comprised of deidentified, loan-level data from a number of servicers for the assessment of the servicing rule and a separate dataset of deidentified application-level data from a number of creditors for the ATR-QM assessment. Our researchers also supplemented those data, including with (among other things) results from a survey conducted by the Conference of State Bank Supervisors; by surveying lenders, housing counselors, and legal aid attorneys; by conducting structured interviews with a number of servicers; and careful review of public comments received in response to Bureau requests for information.

I am confident that these reports provide numerous useful findings and insights for stakeholders, policy makers, and the general public about developments in the mortgage market and the effects of the rules on consumers, creditors and servicers.

The issuance of these reports is not the end of the line for the Bureau. I am committed to assuring that the Bureau uses lessons drawn from the assessments to inform our approach to future assessments and future rulemakings.  We are interested in hearing reactions from stakeholders to the reports’ methodologies, findings, and conclusions. The Bureau anticipates that continued interaction with stakeholders will help inform our future assessments as well as future policy decisions.