Kellie Chambers Addresses Interagency Guidelines in Mortgage Servicing News Blog

Recently, the Consumer Financial Protection Bureau, Federal Reserve System, Federal Deposit Insurance Corp., National Credit Union Administration, and the Office of the Comptroller of the Currency issued joint guidance on mortgage servicing practices that affect active duty members of the military.

While the guidance focuses mainly on mortgage loan practices and procedures for Permanent Change of Station orders that servicers must follow for active duty military personnel, field service companies can play an important role in keeping their mortgage servicing clients in compliance with this new guidance and consumer laws.

National field service companies employ a large network of contractors throughout the country who inspect and maintain vacant and foreclosed properties under the guidance of servicers and investors. They physically visit the properties and can be utilized for borrower outreach purposes.

The field service company’s contractors can make face-to-face contact with a borrower to help determine if he or she is actively serving in the military. The contractor also can leave educational materials at the door or in the form of a door hanger at the property informing homeowners of their rights if a member of the military on active duty resides at the property. These materials may include the mortgage servicers contact information and other valuable information.

Field service companies and their contractor networks can assist servicers and investors in addressing the new interagency guidelines in several ways:

  • Providing homeowners who notify servicers of PCS orders with accurate and understandable information about the availability of assistance for which they may qualify.
  • Helping servicers identify homeowners who are active duty military personnel and providing them with relevant information in compliance with the Servicemembers Civil Relief Act.
  • Providing accurate information about options to homeowners with PCS orders who are current on their loans and able to make the monthly payments
  • Delivering communications in a timely manner from the servicer to homeowners who are active duty members of the military with PCS orders.

To view the online article, please click here.

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees  and a handful of contractors performing services in the Midwest, to a national company with nearly 1,000 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.

Freedom Alliance

Safeguard Properties and Freedom Alliance are working with banks and lending institutions to provide homes for military families without the burden of a mortgage.

Freedom Alliance will select qualified applicants to receive a home, while Safeguard coordinates with banks and lending institutions who wish to donate homes from their excess inventories.

The donated homes will go to Freedom Alliance, a charitable organization, as in-kind charitable contributions. Military families are matched with homes in their preferred geographic regions. 
 
Property preservationist Safeguard, along with vendors and community partners, will renovate the home and meet any handicapped accessible needs of the service member. After final due diligence procedures are completed, Freedom Alliance will gift the home to the military family.

“For military families, a permanent and paid-off residence provides stability and a place to call home for a family that has transferred from one duty station to the next over many years,” the companies said in a joint statement. “It is ‘a place of my own,’ for a service member who has traveled to remote areas of the world. It is a physical comfort for a retired warrior who previously slept in tents and foxholes.”

The program is open to troops who were wounded while deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom. To qualify, the service member must be medically discharged or honorably retired from the military. And if approved, the service member must use the home as a primary residence and may not, at time of application, have another mortgage obligation.

To read the online article, please click here.

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees  and a handful of contractors performing services in the Midwest, to a national company with nearly 1,000 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.

Brandon Kirkham Discusses Managing Code Violations in Servicing Management Magazine

Expanded Services, Repairs Safeguard Servicers’ REO Portfolios
Alan Jaffa CEO, Safeguard Properties

Real-estate owned (REO) properties face more scrutiny from today’s savvy buyers. With the flood of foreclosures in the current market, mortgage servicers and investors struggle to compete with traditional-market homes. Every day a property is not rented or sold is money lost for servicers. Servicers and lien holders can protect and improve the quality and value of their REO portfolios through a variety of field service offerings. These include pre-sale repairs, REO marketability enhancements, major overhauls, and rental upkeep.

Pre-Sale Repairs
Because properties have different requirements pre-sale and post-sale, in the past, servicers established separate units to manage the specific processes for each. Now, they have begun to look at the process as a whole, working with their field service partners to make wise investments in pre-sale that protect the condition and value of properties in REO. In fact, the Federal Housing Administration
(FHA) now requires more repairs in pre-sale instead of waiting to address issues once the property goes through foreclosure sale, because it does not want damaged properties conveyed to REO.

REO Marketability Enhancements
Servicers are investing in additional services to enhance the marketability of their REO properties and engaging their field service partners to deliver higher levels of service. Neutral paints, new carpet, updated appliances and clean landscaping aren’t major repairs, but they go a long way to help REO properties appeal to prospective home buyers. Thorough cleaning and regular maid service, along with lawn maintenance keep the property in good condition and help buyers see a home’s potential.

Major Overhauls
When REO properties incur damages, the best way to protect against financial losses is to repair them. Damaged properties sell at far lower prices and sit on the market longer. When insurable damages occur, a field service partner’s hazard claims department can
manage the entire process. This includes filing the hazard claim, deploying reputable contractors to make the repairs once the claim is settled, and assuring that the work is performed to the servicer’s or lien holder’s quality standards. The goal is to turn a damaged property
into a gem so that the first impression of the property is positive and the property sells quickly and at the highest price possible.

Rental Upkeep
When properties don’t sell because of the slow real estate market, more servicers have begun to offer their REO properties as rentals. This requires initial repairs to put the property in good, livable condition, and ongoing services when maintenance issues arise. Field
service partners can be vital to the process, obtaining competitive bids, managing all repairs, and assuring that the work meets quality standards. Field servicers also can utilize their vast contractor networks, technology and infrastructure to manage maintenance needs for
an entire rental portfolio.

To view the article, please click here.

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees  and a handful of contractors performing services in the Midwest, to a national company with nearly 1,000 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.

The Blight Fight

The Blight Fight

The quaint house on Idaho Avenue hadn’t changed much since Frances Espinoza last saw it.

The grass in the small front yard wasn’t quite overgrown, but still unkempt. A tan, out-of-place piece of siding patched the outside wall beneath the left-front window, and a cluster of roofing shingles did the same under another window on the right.

Cracks in the white paint revealed the ash-colored, wooden skeleton of the house.

“They haven’t really done anything to it,” Espinoza said. “You can see there’s a lot of problems.”
“They” meaning mortgage servicers.

The industry has long known of problems with vacancy and blight, even before the latest housing collapse. Behind-the-scenes responses — including code enforcement and neighborhood outreach — have met varying degrees of success. Yet the NFHA’s recent complaints bring new, unflattering attention to the issue.

Problems with vacant homes are epidemic in many cities’ minority neighborhoods, the NFHA said. After roughly nine months inspecting 1,000 homes, the NFHA said it found homes located in predominantly minority neighborhood weren’t in as good of shape or marketed as well as those in mostly white neighborhoods.

“It’s the same pattern,” NFHA CEO Shanna Smith said. “You find that they don’t put for sale signs up in communities of color. They’re not maintaining the lawn, cleaning the trash.”

But many within the mortgage and housing industry contest the NFHA’s findings, saying they make don’t make decisions of whether to clean up or repair a property based solely upon where it’s located.

The NFHA accused Wells Fargo and U.S. Bancorp, through Department of Housing and Urban Development complaints, of discriminatory practices in their maintenance of real estate owned properties — complaints of wrongdoing that both Wells and U.S.

Bancorp strongly deny. The NFHA said more complaints could come against other mortgage servicers and property managers, as part of an investigation funded by Fannie Mae and HUD grants.

The dilemma of managing vacant REO properties puzzles and presents problems for many, including the asset holders.

“The banks and servicers are looking for answers, too,” said Cary Sternberg, a senior vice president at Bank of America, though not speaking on behalf of the company. “But the answers have to be reasonable, and the answers have to make financial sense along with upholding their community responsibilities.”

THE INDUSTRY REACTS
For their part, the NFHA’s Smith said her group wanted to use this study and the HUD discrimination complaints, under the Fair Housing Act, as a way to get Wells Fargo and U.S. Bancorp to the table, regardless of whether the alleged discrimination is intentional. A complaint simply means HUD will investigate the dispute, and the two parties will sit down for talks to try and reconcile any allegations.
If that process fails, HUD may choose to file a lawsuit, or the NFHA could sue on its own.

“If somebody wants to fight, that’s fine,” Smith said. “That could take years to get a solution, and it’s just better for the neighborhood if we could get something done quickly.”

Spokespeople for Wells Fargo and U.S. Bancorp said the companies hadn’t yet received specific information on which of their properties were involved in the NFHA study.

“We don’t have a good sense of exactly what it is that we’re dealing with,” Wells Fargo spokesman Tom Goyda said. “It’s really impossible to respond specifically to this point.”

Both banks also point to their frequent status as a trustee on a loan that has been pooled and sold into a mortgage security. In these cases, the banks said the responsibility to maintain a foreclosed, vacant property would fall on someone else — typically the mortgage servicer responsible for managing the loan. But neither said race or location are taken into account when they make decisions regarding property maintenance.

The NFHA left open that possibility in its report.

“Wells Fargo conducts all lending and servicing activities in a fair and consistent manner, without regard to race,” Wells spokesman Goyda said.

Others in the industry responded similarly. Alan Jaffa, CEO of Safeguard Properties, said the property preservation company doesn’t discriminate in its practices. He said Safeguard wouldn’t work with a company that would attempt to instruct them to ignore or neglect certain neighborhoods.

Freddie Mac, meanwhile, said it doesn’t have preservation and marketing policies that apply to some neighborhoods and not others. “A lot of people always ask, ‘So how do you decide when to repair a home?'” said Eric Will, who directs REO sales for Freddie Mac’s HomeSteps program. “We don’t have any blanket policies that say, in this neighborhood, we don’t do repairs.”

DISPARATE IMPACT CLAIMS
Discrimination, on its surface, has a sharp social connotation. It suggests a conscious decision made to undercut someone based on their race, ethnicity or other characteristics.

“In my experience, it’s never blatant like that,” said Espinoza of the North Texas Fair Housing Center.

Legally speaking, “blatant” discrimination is characterized as so-called disparate treatment, wherein someone deliberately discriminates against another party. But in a disparate impact claim—such as that alleged by the NFHA—a plaintiff can claim discrimination even when there’s no intent to discriminate, according to Chris Willis, a lawyer with Ballard Spahr.

Willis, who represents lenders in consumer financial services cases, said policies can be race neutral on the surface, but can still have an unintentded, unequal impact on parts of the population. Apartment landlords made this argument recently in a lawsuit against the city of St. Paul, Minn., after ramped-up code enforcement regulations drove rents higher at affordable housing complexes.

The new regulations, landlords argued, crowded out low-income and minority tenants. The case made it all the way to the U.S. Supreme Court, but the city dropped its appeal because it feared a decision in its favor could undermine civil rights.

Ballard Spahr’s Willis called the NFHA’s REO claim novel, but thought it might make for a difficult fair housing argument.
“I would say that’s a little bit of a stretch,” Willis said.

Undaunted, the NFHA’s Smith said the maintenance of only certain properties does fall under the Fair Housing Act. Failing to maintain a vacant property not only impacts the value of the home next door, but could also endanger the tax base in the area, meaning schools and other property-tax-supported services could suffer, she said.

THE NFHA INVESTIGATION
The housing crisis has clearly taken its toll on the nation’s minority populations. In a study by the Center for Responsible Lending, researchers found that Latino and African-American borrowers are twice as likely to have lost their home to foreclosure than whites. And even among good-credit borrowers, blacks and Latinos were three times as likely to receive a subprime loan between 2004 and 2008.

Bank of America, acting on behalf of defunct lender Countrywide, paid $335 million late last year to settle a Justice Department lawsuit regarding discriminatory lending practices.

In nearly every city the NFHA looked at for its own vacant property maintenance study, it said African-American and Latino neighborhoods scored lower than white neighborhoods, findings that the NFHA said remained even among newer properties.

In Dallas, the house on Idaho Avenue, in a mostly African-American community, received a score of 75—deemed a “C” and slightly above the average 74.1 rating for all similar neighborhoods in the city. (Neighborhoods were rated on a 100-point scale.)

It’s unclear what exactly happened to the home and when it became vacant in a state largely known within the mortgage industry for its speedy foreclosure process. Dallas County records show that the deed on the house transferred from an individual owner to Bank of America Home Loans Servicing on May 17, 2010. The home came under the auspices of HUD on March 14, 2012, according to an agency spokesman.

Bonnie Jones, who has lived next door to the Idaho Avenue property since 1992, guessed the home had sat vacant since sometime in 2009. The last owner, the 81-year-old said, stripped the house of much of its valuables when he left, taking bathroom fixtures, the air conditioner and even the flowers outside.

The property had also deteriorated considerably since it became vacant. The lining on some windows had rotted beneath the black, iron bars that covered them. A pole in the middle of the front yard lacked the lamp that formerly sat atop it.

SENSITIVITIES EXPLAINED
Banks and mortgage servicers have more than just a civic duty to do right, said Sternberg, a long-time asset manager for mortgage servicers. They have to strike a balance between that and their responsibility to their stockholders and investors, inevitably concerned only about the corporate bottom line.

The NFHA has “one agenda, and that’s not to say the agenda is bad,” Sternberg said. “The issues that are involved are very sensitive.”
In certain situations, if an REO property is located in an area with a high vandalism risk, Sternberg said it might make more sense not to make a repair. That to him isn’t a case of disparate impact, but rather sound business logic.

“It doesn’t make sense to continually fix a window to have it broken [again],” Sternberg said.

Blight leads to further problems, and not just for the neighbors. Properties become a tougher sell and are harder to keep up to code according to Eric Miller, executive director of the National Association of Mortgage Field Services, an industry trade group.

Ultimately the neighborhood a property is located in comes along with any home purchase, Miller said. And with 18.5 million vacant homes nationwide, according to the Census Bureau, odds are pretty good that many neighborhoods across the U.S. have multiple vacant homes.

“If there are other properties that are blighted in that area … that investment could be potentially watered down,” Miller said. “There are certain areas you’re not going to prevent damage from occurring.”

That makes it increasingly important to maintain a relationship with a local city’s code enforcement team, said Rob Behrend, head of REO sales for Homeward Residential, formerly American Home Mortgage Servicing. The code officer’s uncertainty over the home’s actual servicer can delay needed repairs.

“That code violation could take a month before it gets to me,” Behrend said.

Often county or city records give the wrong contact information, a common complaint from code officials, according to Michael Halpern, director of community initiatives at Safeguard. Vendors, including Safeguard, offer access to a liaison system that facilitates contact between servicers and local municipalities.

The goal, Halpern said, is to maintain full transparency on both ends. He said Safeguard is even trying to reach out directly to elected officials.

But vandalism isn’t a just problem in blighted neighborhoods, Freddie Mac’s Eric Will said. He said in at least one suburb, people targeted the government-sponsored enterprise’s homes and stole heating and air-conditioning units.

In some communities, with consultation from brokers, Will said Freddie Mac will avoid posting signs on a vacant home in the hopes of deterring would-be burglars.

“You don’t have to be concerned about vandalism just in inner-city, urban neighborhoods,” Will said.

Low-value homes can also present an economic quandary, according to Sternberg. With the cost of repairs needed to bring an REO property up to a lendable standard, the margin might not be enough to outpace the lower sale price if sold as-is to an investor.

From an economic perspective, it can be hard to fault a lender for making a decision to leave a property as-is, said Brian Hurley, president at New Vista Asset Management. The company promotes homeownership for minorities, as well as households with low-to-moderate incomes.

Hurley said if no one makes an investment in blighted neighborhoods — which often have strong racial and ethnic correlations — the ruin doubles upon itself. Most people, he said, understand the long-term costs of this process.

“Someone has to be accountable to step up to the plate and say, ‘I’m going to stop the cycle,'” Hurley said. “I think institutions understand that there is a great desire on the part of America at large to see them do the right thing.”

FREDDIE SETS AN EXAMPLE
The National Fair Housing Alliance’s complaints of disparate impact hinge, in part, on whether it can demonstrate other practices can achieve the same business ends, Willis, the lawyer, said.

But many of the changes companies could make are already in place elsewhere, the NFHA said, often citing Freddie Mac as a good example in its investigation. The mortgage giant has developed a mutual relationship of sorts with the NFHA, trading information back and forth.

“We want our homes to look as good or better than other homes in the neighborhood,” Freddie Mac’s Will said. “Our goal is not to sell homes at deep discounts because that hurts communities.”

A number of measures, Will said, can help stave off REO blight. Freddie prefers to contract with local vendors in the community, he said, and give them authority to make emergency repairs — even without prior consent from Freddie Mac itself.

The GSE also wants its listing brokers to make a point of reaching out to neighbors, typically posting contact info in case of a problem with the property.

“I don’t think these things are necessarily rocket science,” Freddie Mac’s Will said. “It’s about effectively managing your portfolio of loans.”
Of course, Freddie’s biggest investors — the federal government and the American taxpayer — might have different priorities than those of large, public financial institutions. But Sternberg said no lender or servicer would ever tell a preservation vendor not to keep a house up to code.

“I just don’t believe that there’s any bank or servicer in the country that’s knowingly doing that,” Sternberg said. “They’re doing everything to be a good citizen with the constraints that they have.”

Pure, bottom-line economics don’t always translate to homeownership on the other end of an REO sale. Community advocates, like the NFHA, would prefer to see a home go to an owner-occupant, as ownership rates fall to pre-bubble lows.

The declining trend in homeownership has been especially tough for African-American and Latino households, according to Census Bureau data. While roughly 73.5% of white households owned a home in the first quarter of 2012, blacks and Latinos saw significantly lower shares of 43.1% and 46.3%, respectively.

Add that onto the adverse effect of the housing crisis and lost equity on minority populations’ wealth. Pew Research Center reported median wealth fell by more than half for African-American and Latino households from 2005 to 2009, but dropped by just 15% among whites.

Household wealth, particularly in middle-income, minority communities, is dominated by families’ investment in their homes, New Vista’s Hurley said.

The NFHA’s investigation frequently cited what it believes is a lessened effort to actively market REO properties in minority neighborhoods, making fewer homes available for possible owners.

“We don’t want to have our communities devastated by absentee landlords, absentee investors who are not taking care of the home,” NFHA’s Smith said.

Back in Dallas, however, luck changed for the home on Idaho Avenue. Shortly after HUD took it over, a for-sale sign appeared in the front yard.

“This is the first time anybody’s taken interest in it since it became vacant,” said Bonnie Jones, the next-door neighbor.

At an asking price of $20,000, Bonita Foucher, the listing agent, received a number of inquiries on the home. Within three weeks, she got a signed contract.

Foucher said she couldn’t say much about the buyer, other than that it’s an owner-occupant like most of the other homes up and down Idaho Avenue.

“We used to have all-time highs for homeownership for Latinos and African- Americans and whites,” Smith said. “If we’re going to start a recovery, we need to have properties in good shape.”

To view the online article, please click here.

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees  and a handful of contractors performing services in the Midwest, to a national company with nearly 1,000 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.

State Laws Validate Field Service Companies’ Work

On June 20, mortgagservicingnews.com released a blog written by Robert Klein entitled State Laws Validate Field Service Companies’ Work.

State  Laws Validate Field Service Companies’ Work

Legislation has been introduced in two states emphasizing the mortgage servicer’s right to protect its collateral interest, further validating the property preservation work field service companies perform on behalf of their mortgage servicing clients. One of the bills also includes a provision to accelerate the foreclosure process for abandoned properties.
 
Louisiana Senate Bill 752 was just signed into law by Governor Bobby Jindal on June 8. The new law addresses the maintenance of abandoned mortgaged properties and explicitly protects the rights of mortgagees, loan servicers and third party property maintenance companies from liability.
 
The bill states, “the mortgagee, loan servicer, and any third parties hired by them to perform maintenance on the property…shall not be liable to the mortgagor or the owner of the seized property or any other person for any financial or pecuniary loss or damage claimed to have been suffered by the mortgagor or owner of the property or any person by reason of the maintenance of the property.”
 
Similar to Louisiana’s new law, Illinois Senate Bill 2534 has been created to protect mortgage servicers and field service companies from criminal trespass laws. This validates the agreement already outlined in documents mortgagors sign when securing a mortgage loan. But the Illinois legislation also includes an important provision to accelerate the foreclosure process for vacant and abandoned residential properties.
 
SB 2534 allows for the acceleration of the foreclosure process upon a court’s approval. It also clarifies the definition of a vacant or abandoned property. If that property is no longer occupied by a mortgagor or tenant and meets two of the following criteria, it is considered abandoned and is eligible for the accelerated program:

 

  • Building code violations
  • Unfinished construction
  • Disconnected utilities
  • Boarded or broken windows or door
  • Hazards like weeds or trash
  • Vandalism or illegal activity
  • Vacancy

 

Both bills validate the work field services companies do to maintain properties on behalf of their clients to maintain properties in their portfolios and reduce blight in communities across the country. As scrutiny has increased during the housing crisis, it has become more important to have such laws to support the work of field service companies and the rights of mortgage servicers to protect their collateral interests.

The accelerated foreclosure process for vacant and abandoned properties is another step in the direction of addressing the housing crisis. In some areas of the country, the foreclosure process can take more than two years. The longer abandoned properties sit vacant, the more susceptible they are to damage, vandalism and deterioration.
 
Under the new Illinois legislation, vacant and abandoned homes will move more quickly through the foreclosure process and into the hands of new owners who will protect and preserve the property’s condition and contribute to the vitality of the neighborhood. While other states are in the process of creating similar laws, more need to follow Illinois’ lead in helping the country move closer to protecting and restoring the housing market

To view the online blog, please click here.

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees  and a handful of contractors performing services in the Midwest, to a national company with nearly 1,000 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.

George Mehok Quoted in Crain’s Cleveland Article

Companies’ mobile dos, don’ts lists growing

With more devices in the workplace, firms’ policies are more detailed

Three years ago, if a company had a policy regarding how its employees should use their mobile devices, it consisted of maybe a few pages, max.

Now some companies that work with mobile device management firm Vox Mobile Inc. of Independence have policies that are 10 or 12 pages long.
The influx of so many different high-powered mobile devices has made life more complex for the people charged with managing them, according to several information technology experts in Northeast Ohio.

Over the past two years, many local businesses that previously issued nothing but company-owned BlackBerrys have started letting employees use iPhones, iPads and Android phones, too.

Thus, they’ve got more devices to secure and support. And their employees have toys with all sorts of capabilities that can be abused and misused.

Making matters even more difficult, many businesses are starting to let employees use their own smart phones and tablet computers, as opposed to company-owned devices, to tap into corporate networks that often contain sensitive data. More than 70% of Vox Mobile’s clients do so already or are moving in that direction, said Jeff Fuggit, vice president of marketing for the company.

“This is a tidal wave,” he said of the “bring your own device” trend.

Erecting a “virtual barrier’
Companies aren’t about to stop using the latest consumer gadgets, given how popular and powerful they are. Instead, they’ve had to figure out how to mitigate the problems that come with them.

After years of using nothing but BlackBerrys, Safeguard Properties of Valley View started supporting other devices about a year ago and now is letting some employees access the corporate network with their own mobile devices, said George Mehok, chief information officer for the company. Safeguard inspects and maintains defaulted and foreclosed properties.

The company, which works with a lot of banks, had to be cautious about letting employees access sensitive data on devices they own, Mr. Mehok said. To protect that information, on each device Safeguard installs Good Technology-brand software that is designed to create a virtual barrier between corporate data and personal data.

“We have an obligation to protect our clients’ data. It would not be possible without something like Good Technology,” he said.

Good Technology Inc. of Sunnyvale, Calif., is one of several companies that sell software with the ability to segregate corporate data from personal on mobile devices, which makes it easier to secure sensitive information and erase it if a device is lost.

Those products are starting to become popular among larger companies, and for good reason, said Brian Stein, president and chief operating officer of mobile strategy firm Pervasive Path Consulting LLC of Solon. Companies trying to manage mobile devices with software that can’t make that distinction could run into problems if, say, an employee loses a smart phone only to find it later — after their employer has used the software to erase everything on it.

“If you wipe somebody’s pictures of their kids … they’re going to be pretty upset,” he said.

The root of the problem
Revol Wireless of Independence aims to start installing some kind of mobile device management software on the Android smart phones that some Revol employees now use, said Jim Bryson, manager of infrastructure for the wireless carrier.

The company also aims to create a mobile device policy, but it won’t do so until it starts installing the device management software, he said. Without the software, Revol has no way to enforce the policies Mr. Bryson wants to create, such as one that would prohibit employees from “rooting” their Android phones. That process lets users change the way the phones operate, which could pose security risks, he said. IPhones and iPads can be tampered with, too, through a process called jailbreaking.

Some mobile device management software can detect when a phone has been rooted or jailbroken, Mr. Bryson said.

“You’re essentially giving anyone … access to everything on the phone,” he said.

No such process exists for the BlackBerry, a device that made it “very easy to lock down devices and enforce policy,” he said.

Being able to remotely wipe data from employee iPhones, iPads and Androids minimizes the risk that someone might find sensitive data by rooting or jailbreaking a lost device, according to Karen Anzuini, chief information officer for Cleveland law firm Benesch Friedlander Coplan & Aronoff LLP.

Thus, it is “very important for people to let us know immediately if someone loses the device,” Ms. Anzuini said.

Broadening the number of devices employees can use has created a few issues for Benesch, she said. For one, the number of calls to Benesch’s information technology help desk has gone up by roughly 10% to 15%, she estimated. Plus, the law firm’s network has been strained at times by the sheer number of devices trying to access the law firm’s email system at the same time, she said.

Benesch’s wireless network also does a lot of heavy lifting, which is why the law firm late last year installed a second network that employees at its Cleveland office can use for personal reasons.

“There are people who want to be able to stream Pandora (music service) or whatever at the office,” she said.

To download or not to download
Using a company device to stream Pandora or watch movies on Netflix after work is fine so long as employers aren’t stuck with data charges afterward, said Revol’s Mr. Bryson, who used to work for Vox Mobile and briefly worked for Good Technology.

“There’s got to be something in the policy to call that out,” he said.

Some company policies specify which applications employees can and cannot download, said Nate Kurash, account executive for Bennett Adelson, an IT services firm and mobile software developer in Independence.

Companies such as Verizon provide services that let businesses set up their own app stores, where they privately can give employees access to custom software and commercial apps they might need for work purposes, Mr. Kurash said.

Companies that let employees use Android phones also may want to regulate the number of models employees can support, according to both Mr. Kurash and Mr. Fuggit, of Vox Mobile.

For one, different phones use different versions of the Android operating system, making it hard to secure a fleet of different models, Mr. Fuggit said. Plus, companies using custom mobile software might find that their programs don’t work right when they introduce a different phone, Mr. Kurash said.

“If that’s the case, we may have to update our application,” he said.

To view the online article, please click here.

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees  and a handful of contractors performing services in the Midwest, to a national company with nearly 1,000 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.

Safeguard Discusses How to Minimize Costs and Risks While Managing Code Violations

A November 2011 report by the U.S. Government Accountability Office (GAO) entitled “Vacant Properties: Growing Number Increases Communities’ Costs and Challenges” identified an estimated 10 million vacant properties across the country in April 2010, an increase of 3 million properties from the previous study in 2000. According to the GAO, 10 states have seen the number of vacant properties increase by 70% or more.

Based on this data, it is safe to assume that the number of vacant properties will not decrease anytime soon. Unattended vacant properties deteriorate and contribute to blight, which drives down real estate values and tax revenue. Keeping vacant properties safe, secure and maintained presents financial and administrative challenges for the mortgage industry and municipalities alike.

Even though the vast majority of vacant properties are on a schedule for regular inspections and maintenance, code violations occur: Vacant properties are broken into, inclement weather creates wind and storm damage, people dump trash and debris, a pool cover or fencing around the pool may be compromised, and so forth. All of these events can trigger code violations.

When the process works, city code enforcement officials issue a notice to the mortgage servicer when a violation is noted, and the problem is addressed quickly. When the process fails, however, properties deteriorate, and they impact the quality of life for surrounding neighbors.

Code enforcement officials become frustrated trying to get violations corrected, and servicers risk heavy fines, penalties and tarnished reputations for failing to correct problems in a timely manner. A number of municipalities have even issued criminal citations against the executives of entities holding title to troubled properties.

Local governments each have a wide array of building, housing and property maintenance codes that establish standards for the appearance and safety of properties within their communities. Cities with high volumes of vacant and foreclosed properties have become more aggressive with their housing inspections in response to safety and nuisance complaints from neighbors.

Many local governments also view code enforcement as an opportunity to generate revenues to relieve tightening budgets. As a result of stronger code enforcement actions, servicers face fines and penalties in the thousands of dollars for failure to correct violations that would have cost only hundreds to address initially.

In fact, conversations with code enforcement officials in cities across the country often reveal three violations as the most common, each of which is relatively easy and inexpensive to remedy: an unsecured property, tall grass, and debris in the yard. Most of the time, fines accumulate – not because the servicer knowingly ignored a citation, but because the servicer wasn’t aware of the violation and failed to address it in a timely way.

Consider this case about a property that incurred violations after it was found unsecured as a result of vandalism: The city issued violations for having an unsecured property, failing to maintain the property, having a dangerous structure, failing to inspect and lacking a permit. As it turned out, a master servicer was overseeing a second servicer that had day-to-day responsibility for the property. The municipality was unaware of the servicing arrangement and sent violation notices to the master servicer, which did not notify the city or forward the violations to the appropriate servicer.

When the violations went uncorrected, the city took enforcement action that ultimately resulted in nearly $12,000 in civil penalties, more than $1,000 in fees to cover direct expenses, and additional daily penalties that ranged between $150 and $375 per violation. Had the notice been addressed in a timely way, the servicer would have spent only a few hundred dollars to re-secure the property.

In addition to taking stricter enforcement action and levying stiffer fines and penalties, cities have widened the net of violations they cite. In the past, servicers received code notifications only for violations related to the safety and security pf the structure.

Recently, municipalities have begun issuing citations for dirty floors, carpets and windows, strong odors in the home, and other items the industry views as cosmetic. Because cosmetics are not included in preservation fee schedules and investor allowables for foreclosed properties, servicers may not be reimbursed for these services. Yet, they are responsible to the investor for correcting all code violations.

Similarly, servicers face greater risks, as municipalities have begun to issue violation notices on occupied foreclosed properties for problems ranging from missing smoke detectors and window locks to insufficient heat or hot water and broken sink stoppers. Despite the stronger position municipalities have taken to address code violations, it is important to recognize that municipalities and the mortgage industry are on the same side in the battle to protect property values and maintain the quality of life in neighborhoods. By working and communicating more effectively with code enforcement officials and taking steps to improve their systems and processes, servicers can minimize code violations and the associated fines, penalties and reputational risks.

Effective systems
Servicers cannot fix problems they don’t know about, and code enforcement departments don’t have the resources to search for the right person to notify within a large, multi-office mortgage servicing organization. Code violations can occur before the loan becomes delinquent. Therefore, servicers should identify a single point of contact within their organizations to respond to complaints regarding current loans or a field service provider who serves as their agent to address code violations after a loan becomes delinquent.

Contact names should be communicated throughout the organization and posted on the servicer’s website. Maintaining a single point of contact or intake method for the benefit of municipalities streamlines the notification process.

To manage the sheer volume of properties, servicers also should consider utilizing a code enforcement management system that allows municipalities to post violation notices and enables internal staff to receive, track and manage violations to a successful conclusion. The more efficient and direct the process is between municipalities and servicers to post, monitor and resolve violation notices, the more successful servicers will be in addressing code violations quickly. This is especially critical as code enforcement officials become either less willing or have less authority to negotiate reductions in fines and penalties.

When servicers incur penalties, effective dialogue with municipalities can help to stop the accrual of further penalties and even reduce them. A trained and empowered negotiator who understands local codes can develop case resolution plans that are acceptable to the
municipality and that can alter the timing and nature of enforcement actions by the municipality.

For example, communication with municipalities can help facilitate the extension of grace periods on violations in cases where a servicer or lien holder will soon take possession or control over a property. Upon initial vacancy, when properties have been in violation of certain codes, it is helpful for the servicer or its field service agent to communicate with code enforcement officials about the completion of standard initial services that would likely correct these conditions.

Furthermore, having knowledge of the code violation can improve the servicer’s ability to adjust the initial services work order to sufficiently address the violations. Whenever municipalities can be made to understand what services can or will be performed within certain time frames, they are more likely to suspend enforcement to provide a reasonable time to cure the violation.

Proper procedures
Loans serviced on behalf of the Federal Housing Finance Agency, the government-sponsored enterprises, the Federal Housing Administration and the U.S. Department of Veterans Affairs have guidelines, fee schedules, delegated authority and other options to assist the servicer in protecting and preserving properties. These guidelines, however, do not include provisions to address all of the potential challenges that result in code violations.

Servicers are required to seek approval before certain expenditures can be made. The approval process includes maintaining documentation and obtaining bids and photos before work can be performed to cure the violation. To facilitate the decision-making process and cost reimbursement, servicers must maintain detailed records and supporting documentation. Failure to maintain documentation can result in non-reimbursement for fines, penalties and the costs of work performed. Having a single, concise location to manage violations and retain supporting documentation provides transparency and improves recovery.

Code enforcement departments and the mortgage industry share a common goal to protect the condition and value of vacant and abandoned properties. They also have their own unique challenges. The housing crisis has strained municipal budgets and put more pressure on code enforcement departments to address property complaints. Servicers struggle to maintain growing numbers of vacant properties while complying with myriad local codes and requirements, sometimes putting them in conflict with other laws. Through outreach and dialogue, both sides have begun to listen and share ideas and solutions.

The American Association of Code Enforcement and individual state code enforcement associations have been valuable partners with which to facilitate such dialogue. Representatives from the mortgage servicing industry have participated in educational sessions and roundtable discussions with state and local officials to share expectations and discuss solutions.

The GAO study on vacant properties pointed out the challenges that code enforcement departments and local municipal officials face in identifying a responsible party to maintain properties. Among them are owners who have left their homes, outdated and insufficient property records, and insufficient staffing to identify the right party.

The mortgage servicing industry has come a long way in developing the knowledge and tools to become true partners with municipalities and code enforcement officials across the country to effectively address code violations. And it is in the industry’s best interest to utilize such relationships.

To view the article, please click here.

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees  and a handful of contractors performing services in the Midwest, to a national company with nearly 1,000 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.

Safeguard Discusses High Hopes in Ohio

High Hopes in Ohio
Derelict Cleveland neighborhood is targeted as a model for community revitalization.
By Robert Klein

It’s a basic economic principle that when supply exceeds demand, prices go down. Housing prices in the U.S. continue to decline because the supply of available properties far exceeds the pool of potential buyers. In many neighborhoods, the problem is further exacerbated by the presence of deteriorated, vacant, and abandoned properties that have lost most of their value and negatively impact the value of surrounding properties.

The S&P/Case Shiller 20-city home price index in November 2011 showed that property values in the United States had fallen 3.7 percent since November 2010 and 33 percent since 2006. In a February 2012 article citing that report, the Wall Street Journal observed that the data included foreclosed properties that sold at lower prices than their previous sales because of deterioration and poor maintenance.

It is a scenario that plays in communities across the country. Home values in what were once solid middle-class neighborhoods that epitomized “pride of ownership” fell because of the growing presence of vacant and abandoned properties. As the numbers of neglected and decaying properties increases more homeowners with negative equity in their homes simply abandon them. By the time these abandoned homes move through the foreclosure process, which can take months and even years in some states, they too deteriorate and lose much of their value. Low-value properties often become nuisances and eyesores in their neighborhoods and negatively impact the housing values of surrounding properties. Even worse, they deter prospective homebuyers from moving into the neighborhood, further perpetuating the cycle of foreclosure and declining property values.

To reverse that cycle, a comprehensive approach is required to address three critical needs: 1) demolition of substandard and unsalvageable properties; 2) possession and rehabilitation of vacant properties; and 3) assistance for existing homeowners in distress. All three strategies must be undertaken simultaneously.

A Pilot in Development
The Slavic Village neighborhood of Cleveland, Ohio, became the face of the nation’s housing crisis in 2007 when it experienced the highest foreclosure rate in the country. Today, it and many communities like it have reached a tipping point. They retain a strong core of residents, businesses, civic leaders, churches, and neighborhood organizations committed to revitalization. With a solid plan of action, these com-munities can be saved. Without one, the cycle of decline will continue.

Because of its potential for redevelopment, a pilot project is being planned for Slavic Village that could become a model for other communities. It is a collaboration between the community development organization, Slavic Village Development, the mortgage servicing industry and investors, and Cleveland-based national companies Safeguard Properties and Forest City Enterprises, each with a strong commitment to community development and revitalization.High Hopes in OhioDerelict Cleveland neighborhood is targeted as a model for community revitalization.

It also will involve participation from the city of Cleveland, Cuyahoga County, the county’s land bank, neighborhood development organizations, credit counseling agencies, and the mortgage servicing industry.

The pilot will simultaneously address the need for demolition, property rehabilitation, and homeowner assistance. The strength of the program is that it takes a wide view to assess the needs and develop action plans for large blocks of properties within an entire community rather than a “one-off” approach that fails to make an impact.

A target area of 2,216 homes, among approximately 9,000 housing units in Slavic Village, was selected for the pilot. Approximately 1,942, or 88 percent, are occupied and 274, or 12 percent, are vacant.

Demolish What Can’t Be Saved
Until unsalvageable vacant and abandoned properties can be demolished, the rebuilding process can’t begin. The very presence of these properties saps the life out of the neighborhood. They are eyesores and nuisances that attract criminal activity. Many have been stripped of their plumbing, siding, furnaces, woodwork, lighting, and anything that gave them character. They are beyond repair, and nobody will invest in them. Worse yet, nobody will invest in the properties around them until the eyesores are gone.

Demolition doesn’t shrink communities or reduce the supply of existing housing. It eliminates nuisance structures that hold back redevelopment. This is why the first step in the pilot is to identify unsalvageable properties and obtain the funding necessary to demolish them. Under the pilot, approximately 64 homes were identified for demolition because they were found vacant, unsecured, and in unsalvageable condition. Once a detailed analysis of vacant and boarded properties has been completed, more properties may be added to the demolition list.

Once these properties are demolished, the vacant land can be transformed in various ways. Some will become green spaces and infrastructures for streetscapes, bike lanes, walking trails, community gardens, and other amenities. Neighbors next door to vacant land will have the opportunity to expand their yards. Other properties will be conducive for commercial development.

Funding for the demolition will be sought in partnership with the city of Cleveland, the Cuyahoga County Land Bank, and mortgage servicers. Green space and infrastructure partners will include the city of Cleveland, neighborhood development organizations, foundations, and other governmental and community agencies.

Rehab Properties to Sell or Rent
The pilot will rely on the private sector to rehabilitate vacant properties to provide safe, well-maintained, and affordable housing for rent or purchase.

Under the pilot, approximately 200 vacant properties will be identified for rehabilitation. Once repaired and remodeled, the homes will be available for direct purchase or through a lease-purchase for homeowners who either do not qualify for loans or who are working to repair their credit. Homes in need of modest repairs may also be marketed at a lower cost to qualified “do it yourselfers” who can demonstrate the financial ability to make needed repairs. A key component of this phase also will include credit counseling to help homeowners become and remain fiscally responsible.

Safeguard Properties will oversee the repair and remodeling of homes to ensure work meets established standards for quality, timeliness, and budget. This will help assure homebuyers—especially first-time homebuyers—that they will not incur major unexpected expenses on their homes for a reasonable period. Unexpected and expensive repairs, or repair work done improperly, are major reasons why many homeowners either fall behind on their mortgages or their homes fall into disrepair.

Financing, property management, credit counseling, loan assistance, and related services will be done in partnership with Slavic Village and neighborhood housing agencies.

Although not part of the pilot, it is important to note that a major contributor to the deterioration of vacant properties is the fact that Ohio has one of the longest foreclosure processes in the country. When properties are occupied, an extended foreclosure process makes sense to give homeowners time to work out their finances and keep their homes. However, when homes are vacant and abandoned, there is no homeowner to protect. Until the foreclosure can be completed, a servicer, a land bank, or other entity can’t take legal possession or assume full responsibility to repair a property and get it reoccupied. The longer a property sits vacant, the greater the risk that it will deteriorate, lose value, and negatively impact surrounding properties.

This is why Ohio is among the states considering legislation to accelerate vacant and abandoned properties for foreclosure. This will help to protect the condition and value of properties, especially those in neighborhoods such as Slavic Village, with older housing stock that provides affordable and decent housing for first-time homebuyers and people with modest incomes. The more vacant properties the coalition can protect and preserve, the more housing it can make available to people who might not otherwise have the opportunity to own a home.

Assist Distressed Homeowners
Helping distressed homeowners remain in their homes is critical to reduce the numbers of vacant and abandoned properties and uphold property values. The Slavic Village pilot includes two initiatives to help existing homeowners who are in financial distress. One offers assistance with home repairs. The other assists with loan modifications.

It is estimated that 10 percent of occupied homes in Slavic Village require repairs to correct code violations. Many homeowners, especially the elderly, simply do not have the financial or physical ability to make repairs. Under the pilot, financial support will be sought through foundations and other organizations to help an estimated 170 homeowners in the target area make needed repairs to bring their properties up to code and protect their condition and value. This will be coupled with code enforcement action to ensure that homeowners follow through with the needed repairs.

Pilot partners with Slavic Village development for this portion of the initiative will be the city of Cleveland, foundations, and neighborhood housing agencies.

Approximately 25 percent of homeowners in the community—about 266 within the target area—are believed to require some type of loan modification, either because they are in serious default their mortgages are underwater, or they have high-risk loans.
Under the pilot, these homeowners will receive loan modification assistance. This assistance will come through neighborhood housing agencies and mortgage servicers.

A Vision for the Future
In many ways, the vision for the future of Slavic Village is to return to its not-so-distant past. In the 1990s, it was a thriving blue-collar community. Its population was growing even as other neighborhoods in the city were declining. It offered affordable and well-maintained housing, safe neighborhoods, and a strong sense of community. Its anchors were its churches, schools, senior centers, recreation facilities, and other amenities. It provided good public transportation and close proximity to downtown Cleveland. Its restaurants, bakeries, art studios, markets, and other small businesses were a destination for residents from surrounding communities. Its streets bustled with life as children rode bikes, families took walks, and neighbors looked out for one another.

In every sense it was, and still is, a community. Despite its challenges, Slavic Village’s civic leaders, residents, and businesses remain committed to restoring their community’s former quality of life and building a bright future both for current residents and those yet to come. A pilot for community revitalization could not find a more worthy testing ground.

The project bears watching, as its success could be replicated in neighborhoods and communities across the country. The key is simultaneously addressing existing inventories of neglected and low-value properties that drag down property values, providing assistance to existing homeowners in distress, and protecting and restoring habitable properties to attract new home buyers and spur a housing recovery.

Robert Klein is founder and chairman of Safeguard Properties, the largest privately held mortgage field service company in the country Since founding Safeguard in 1990, Klein has been an industry advocate to advance best practices.Until unsalvageable vacant and abandoned properties can be demolished, the rebuilding process can’t begin.

To read the article in its enirety, please click here.


About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees  and a handful of contractors performing services in the Midwest, to a national company with nearly 1,000 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.

MBA Servicing Conference

On February 21-24, Safeguard attended the MBA Servicing Conference.

MBA Servicing Conference
February 21-24, 2012
Orlando, FL

The Mortgage Bankers Association hosted its annual servicing conference last month, welcoming members from all aspects of the mortgage field services industry to sunny Orlando, FL.  Safeguard’s CEO Alan Jaffa was honored to introduce this year’s keynote speaker, Paul Begala, who is best-known as a CNN analyst, as well as a best-selling author and a former member of the Clinton administration.  Begala’s address touched on an array of topics, including current events, the 2012 general election, and support for America’s military personnel. 

The opening session was then turned over to three industry experts.  Carol Galente, assistant secretary of the FHA Commission, spoke on the role of the FHA, the FHA’s current financial health, and plans for the future.  Theodore Tozer, president of Ginnie Mae, provided insight into Ginnie Mae’s plans to aid with the housing crisis and the status of its portfolio.  He also indicated that HARP 2.0 will be successful since it removed the LTV (loan-to-value) cap and extended the program by two years.  He noted that HARP 2.0’s key challenge is in garnering the trust of the borrowers, who may believe that it is too good to be true.  

The final speaker of the opening session was Darius Kingsley, chief of homeowners with the US Department of the Treasury.   Kingsley also commented on HARP 2.0, as well as improvements to HAMP—which includes greater flexibility in its debt-to-income ratio expectations.  He closed by saying he believes the housing market will begin to recover in 2012.

Protecting Neighborhoods
Safeguard’s CEO Alan Jaffa had the opportunity to participate on two panels during this conference.  The first, entitled Property Preservation—Protecting Neighborhoods One House at a Time, was moderated by Wells Fargo’s Sherilee Massier.  Additional panelists were Matt Martin from HUD’s National Servicing Center, Kevin Osuna with Gateway Mortgage, Vicky Beever from JP Morgan Chase, Kellie Rohling with Everhome Mortgage, and Tracy Hager from Mortgage Contracting Services.

The session focused on pressing issues and challenges faced by servicers regarding the spike in property registration ordinances popping up across the country.  HUD also offered statistics regarding their volumes and the panel shared the successes over 2011.

2011 Successes
Jaffa attributed much of 2011 successes to the tremendous amount of dialogue between the servicing industry, investors, and city officials.  Some highlights include, MCB’s monthly newsletters and quality control feedback forum, the active MBA working groups with each of the investors, and HUD’s updated policies and FAQs.  Alan and the other panelists concur the successes are a result of collaboration and discussing data and trending, not the exception cases. 

The next challenge offered to HUD was to establish a joint-training session for the servicers, field service providers, FSMs, and MCB.  HUD offered joint training several years ago at the onset of M&M II and agrees the industry is due for updated training.  Safeguard is working with HUD staff in Washington, D.C. to coordinate this training in 2012. 

Property Registration Requirements
The expanding property registration requirements offer significant challenges to the national servicers due to the local requirements varying so greatly.  Servicers shared their best practices of communication and outreach to the city officials and all agree that centralizing state-wide ordinances would be a tremendous efficiency to the servicing shops.  The suggested plan of attack is to take the message to the road and educate the city officials on the role and intentions of the servicer to comply with all city code. 

Vicky Beever offered Chase’s approach to work with cities to open the lines of communication and reduce city citations and violations.  A key strategy of Chase is the established team of field officers in key cities across the country, including Chicago and Detroit.  The field officers maintain a physical presence in the cities and work with city officials to ensure the city is aware of their intentions to maintain each property within code.  The field officers also provide a level of quality control and routinely inspect their inventory to ensure the properties are safe, secure, and free of debris. 

Matt Martin offered a host of statistics on volume processed by MCB for over allowable requests, extensions, title packages and reconveyances.  He also encouraged servicers to get involved in the MBA working groups to help HUD change processes to be less burdensome for all.

REO Challenges
Jaffa also participated on the panel for the session entitled Current Challenges in REO Management and Disposition, which was moderated by Caroline Reaves from Mortgage Contracting Services.  Additional panel members were Mark Paniccia from SunTrust, Joe Cutrona from CoreLogic, and Matt Sylvia from Bank of America. 

Because of the increased ratio of REO sales to completed foreclosures, the industry is seeing a shift toward the short sale alternatives, deeds-in-lieu and auctions, as well as movement from portfolio REOs to agency REOs.  In addition, the representatives from SunTrust and Bank of America both said they are taking steps to improve the timeframe within which short sales are being processed.

Retail Alternatives
Matt Sylvia noted Bank of America is building a platform to handle retail alternatives, but it is a complement to traditional flow.  They aim for 10% of dispositions to follow this path.  Jaffa questioned if the 10% goal of Bank of America would potentially increase with the onset of rental initiatives.  Mark Paniccia noted that SunTrust has no rental program at present and emphasized the importance of maintaining assets that are financeable.  SunTrust uses auctions where it is hard to identify a target buyer and often utilizes bulk sales for parcels of vacant land.  Sylvia also commented that there are more online auctions being conducted today than in the past. 

Paniccia indicated SunTrust uses asset class to determine the appropriate disposition strategy.  Joe Cutrona added that strategies can also be determined by value band.

Jaffa offered commentary on single family rental, noting that there is no company who manages a large volume of these assets today.  To do so will require an incredible network of vendors and managers.  Ultimately, servicers’ success in this arena will be determined by tenant satisfaction—even after the property is sold.

Return on Investment
In discussing the repair decision-making process, Paniccia remarked that SunTrust can assess each as the owner since they fully own most REO assets.  He takes two perspectives into account:

1) What can we do for the shareholder?  There is usually a 30% discount for a cash buyer and this must be compared against the ratio of an as is to as repaired assessment.  The difference between the as is and as repaired valued is assessed over the cost of repairs plus the cost of holding minus market decline and claims processing.

2) What can we do for the neighborhood?  Servicers want properties to look like the neighbors.  They will generally err on the side of repairing since an increased sale price helps the neighbors too.

Jaffa questioned whether a servicer would ever repair to yield the same sales price; Paniccia said it depends if finance ability is a concern.  If a low-dollar spend will improve the likelihood of financing, the servicers will repair the vast majority of the time.

Sylvia relayed that Bank of America has a repair strategy but it can be an art, not a science.  They focus on cosmetic repairs, rather than full rehabs and rely heavily on recommendations from agents and Asset Managers.

Jaffa and Reaves confirmed that, from the field service perspective, the trend to repair continues to increase with most repairs ranging from $7,000 to $10,000.

Combating Fraud
Cutrona offered perspective that people are inclined to take advantage of weak process flows and a lack of local management.  Paniccia described SunTrust’s approach of preventative and detected controls, which include a minimum of 10 days on the market before offers are taken.  They receive multiple offers on 25-40% of assets. Sylvia added that Bank of America receives offers on two thirds of properties within 60 days of listing.  Detected controls are in place to conduct “flip checks,” subsequent transactions on the asset within six months of sale and patterns of the aforementioned with the same realtor.

Panelists recommended an escalation process to address these types of concerns along with the expanded use of technology to add transparency and accountability to processes.

Opening Communications within Default
Paniccia posed questions to the audience as to how servicers can avoid listing in REO for less than a short sale offer and how they can take the REO valuation method upstream to make better foreclosure decisions.  Using the REO broker in deed-in-lieu calculations was offered as one method to improve results.

Jaffa questioned panelists on their use of predictive analytics in determining volume or location of volume 6 to 9 months in advance.  Sylvia and Paniccia indicated it would be very helpful but cautioned against the impact of rapidly changing factors.  Jaffa noted Safeguard is looking at area concentrations by client to provide detail where possible. 

Protecting Tenants at Foreclosure Act: 3 Years Later
Jaffa stated that home ownership rates will never be what they were several years ago.  All indicators are that rental programs are coming and those moving into the space will need to choose their partners wisely.  Systems exist today to handle rent collection and property management functions.  The true driver will be the folks on the ground handling resident interactions and concerns.

Paniccia noted that most former owners are targets to be residents.  He questioned what will need to happen to prices to entice them into the arena.  Jaffa noted the shift in perspective from buying early in one’s life cycle to renting for a awhile and then buying down the road.  Reaves noted that many young couples want a home but don’t have the means to get one; rental is a great opportunity for them. 

Upon receiving an audience question about who will manage the rental assets, Jaffa confirmed that Safeguard and, presumably, other field service companies will be involved since these programs will require scalability not present today.  Jaffa reiterated that success will depend on company’s ability to address resident concerns quickly and with enough finesse to keep the resident satisfied.

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees  and a handful of contractors performing services in the Midwest, to a national company with over 800 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.

Creative Destruction

On April 2, housingwire.com released an article entitled Creative Destruction.

Creative Destruction

The average cost for demolishing a dilapidated house ranges between $7,500 and $10,000, but neighbors often pay Douglas Fernbacher and his crews with pizza.

The Chicagoan with a Miami tan has spent 14 years tearing down everything from single-family homes to Kmarts. In years past, when a house came down, a larger one took its place soon after. He brought in dirt from nearby developments to fill the foundation hole his crew excavated.

But today there are no nearby developments. Since the housing crash in 2007, there is no clearer physical representation of the busted housing bubble and the remains of its artificially inflated structure than a demolition site.

Fernbacher’s company GSPS is a contractor for several property preservation firms. All they do is tear down homes. They are the last resort for many communities all over the country overrun with blight.

Starting in 2011, however, cities made the first tentative steps toward clearing away the excess. There were more than 18.7 million vacant homes in the U.S. last year, according to the Census Bureau, down from more than 18.9 million in 2010.

But much more will need to be done to address the problem of blight. Vacant properties increased every year over the last decade from the 13.6 million empty homes counted in 2000. Between 2005 and 2008, as the real estate market began to overheat and record-level foreclosures left many properties abandoned, vacancies jumped from 15.8 million to 18.7 million homes.

In 2011, nearly 76% of these properties were considered vacant year-round.

“I think there’s a collective conscious coming here, and I think that people are starting to realize that we have to get serious about this,” Fernbacher says. “We have to move these houses. And the only way to do this is to remove them.”

One of Fernbacher’s clients is Safeguard Properties, the Ohio-based property preservation firm. Its founder Robert Klein is taking Fernbacher around the country this year from conference to conference on a demolition crusade, to convince cities to pursue the clean slate their hardest hit communities crave.

“Every single city, I don’t care where it’s at, has these blighted communities,” Klein said. “They are a cancer.”

Their first opportunity is a quiet place left even more silent after the housing downturn. In Slavic Village, a community located in Cleveland, Ohio, home prices plummeted from nearly $150,000 during the housing boom to roughly $39,000 today, according to data from Altos Research.

The 29 properties sold there in early March spent an average 550 days on the market, Altos said.

Safeguard and GSPS will start a pilot program this year to demolish 2,200 Slavic Village homes that are considered beyond saving. But it isn’t as simple as that.

TEARING DOWN THE STIGMA
Slavic Village was spotlighted in the Alyssa Katz book “Our Lot” as a prime example of subprime predatory lending practices.

Barbara Anderson was one of the first black homebuyers in Slavic Village. According to her Senate testimony in 2007, a broker approached her with a refinancing proposal and approved her for a loan at 8.5% through the now-defunct Conti Mortgage. Within four years, the rate jumped to 14.5%, pushing her monthly payment higher by nearly 60%. Her loan was sold 15 times over that time. Today, the result is apparent. Slavic Village is a ghost town.

Klein with community leaders and the local city council president in February with their solution.

Safeguard placed all Slavic Village properties into three categories. Owner-occupied homes fall into the first category, homes in need of rehabilitation but vacant are the second category, and the third category consists of ones that need to come down.

Most of the properties sit in either of the first two categories, but any progress waits on tearing down the ones in category three.

“No developer will come in when you have five occupied properties, five vacant properties and one that needs to be demolished. Those five properties are affordable, and can be rehabbed fairly cheaply. But nobody will come in until you’ve demolished that one property,” Klein said. “What we’re doing now is we’re putting together a model to make this thing work in Slavic Village. If it works in Slavic Village, we can do this anywhere in the country.”

THE DEMOLITION
You can tell Fernbacher enjoys what he does more than attending the conferences. His joy for tearing down buildings is like that of a kid playing with Tonka trucks in his backyard. And when he talks about the array of hurdles that keep him from doing what he loves, he sounds like that same kid grudgingly doing his homework before going outside.

When a demolition crew first arrives, it checks for environmental problems. A contractor is hired to assess the property for lead-based paint, asbestos, oil tanks and other problems. Fernbacher says the vast majority of the homes built in the mid-1970s have something potentially toxic about them.

“Back then, a company called Armstrong Flooring thought it would be a good idea to use this wonderful invention called asbestos,” Fernbacher says. “But usually you can get these problems taken care of quickly. If banks or servicers or cities want to get it done, it could take 30 days. It just depends. Actually getting the work done doesn’t take that long. Taking out asbestos flooring can take a few days and you’re done.”

But then demolition contractors have to get the permit from the city. Depending on what city a crew is operating in, the process can be relatively easy or a nightmare. In Chicago, it’s a nightmare.

Tearing down a home in the city costs the servicer an automatic $2,300 charge to disconnect the water and sewer services at the street level. Fernbacher says fees easily exceed $5,000 there, and the permit process can take several months. On top of that, servicers have to pay any outstanding bills owed to the city.

“We had a situation where my client had to pay a $5,000 water bill before we could demolish it. The servicer had to pay that. Yeah, it was a shock to them,” Fernbacher says.

He takes a deep breath though and sits forward. “Then comes the fun part,” he says.

Demolition crews that finally secure a permit put up a security fence first, drop off their fuel tanks and the hydraulic excavator. There’s a barbaric sort of grace to how it’s done. The excavator starts at the top and begins peeling the property away. The crew then separates the debris into piles of brick, stone, metal, pipes, the HVAC and wood. A surprising amount of it can be recycled.

In times past, when nice homes were being torn down for McMansions to take their place, contractors would often salvage things like doors, stained glass, even door knobs. Fernbacher says he would make anywhere from $1,500 to $2,000 salvaging through the piles and another couple of thousand reselling metals. These days, though, the pickings are slim.

He’s sure some of the McMansions built over previous demolition sites have been torn down since as well.

Down to the foundation, the excavator digs out the brick, concrete and stone, which is also separated and recycled.
“You’re basically left with a hole in the ground,” Fernbacher says.

About 12 trucks of dirt come rumbling down the street next. It’s packed in and leveled out.

“Then, you’re essentially ready to lay sod and lay seed and bring the community back,” Fernbacher says. “The neighbors thank us. They say, ‘Thank you for taking care of this blight. Now, I don’t have to worry about people coming out of these properties at 2 in the morning and I have two small children.’ It’s such a good feeling knowing that you’re making a difference in these neighborhoods even if it’s one house at a time. We get pizzas delivered a couple of times. That did happen once or twice, because we took down the ugliest most dilapidated house on the block. Most neighbors with a $300,000 house, they don’t want the $30,000 eyesore. It’s hurting their life savings.”

Gus Frangos is the president and general counsel for the Cuyahoga Land Bank in Cleveland. Since ramping up its operations in 2011, it has knocked down close to 800 homes in the county, most of them in the Cleveland area. It has another 700 planned this year.

“When we go and demolish properties, people come out and, literally, they’re crying they’re so happy,” Frangos says and pauses.

It seems so feeble for these neighbors of his. An overwhelming amount of people are current on their mortgage but have also funded underwhelming government programs, millions in executive bonuses, billions in bailouts to Wall Street firms, billions more to Fannie Mae and Freddie Mac, trillions more in no-interest loans from the Federal Reserve to banks considered more systemically important than the people forking over the money.

And when a city or local government manages the $7,500 to tear down a property that had gone ignored and neglected for years, they weep and throw pizza parties. The stigma of demolition’s finality is lifted, and in its place is a clean slate. Rarely is a larger home put in its place.

Frangos says their challenge is to figure out what to put there. Often it’s a park or community playground, even a church parking lot. Anything, but a house.

“You’re stabilizing property values when you do this,” Frangos says. “Who’s going to buy a house next to some of these homes? You could have gold-plated countertops, but if you live next to that, they’re not going to buy in your neighborhood. Period.”

MORE TO COME
The kind of homes landing in the Cuyahoga County Land Bank is shifting. When it first launched in 2009, the primary pipeline of roughly 100 properties coming in were about 40 from Fannie Mae, another 40 from the Department of Housing and Urban Development and the rest were sent from banks and local cities.

As the robo-signing scandal brought the foreclosure process to a standstill in many states, the tax foreclosure system has been rejuvenated, precisely because of the land banks. When a local government forecloses on a property for delinquent taxes, that money becomes a “phantom receivable,” according to Frangos. No one bids on the property. The state and city lose the tax revenue owed. With budgets already tight, rehabbing the property or tearing it down is simply too expensive and so the blight remains untreated.

“That’s why the process was scaled back,” Frangos says. “The government has to be somewhat careful about how much they’re foreclosing.”

With the development of local land banks, the process rebooted, and in Cuyahoga County there is a big influx of city and state-owned properties that have been donated to the land bank. Meanwhile, Fannie Mae incoming properties dropped to 15 per month because of the robo-signing slow down.

Several state attorneys general have tentative plans in place to use some of the $25 billion foreclosure settlement to help fund expensive demolition projects. Ohio AG Mike DeWine set aside $75 million of the roughly $385 million the state plans to receive.

According to Frangos, the money will likely be distributed on a match basis, according to preliminary meetings he attended. The Cuyahoga County Land Bank and the city of Cleveland assembled a $14 million pool to ask for a match.

“Hopefully, we’ll have $30 million to throw at it,” he says.

More federal money is coming too, with some of that specifically for demolition. HUD allocated $6.8 billion through three rounds of Neighborhood Stabilization Program grantees. Local community groups, nonprofits and governments are using the money to acquire and rehab properties.

But the city of Cleveland felt it wasn’t allowed to spend enough of the NSP 3 money specifically for much-needed demolition. According to its third quarter NSP progress report, the city will spend $18 million on rehab projects, but only 10% of NSP 3 funding could be used for demolition.

“For this reason, Cleveland is requesting a waiver of the 10% cap on NSP 3 funds for demolition, up to 41% of the total NSP 3 allocation for a total demolition allocation of $2.8 million,” according to the report.

George Gonzalez, a spokesman for HUD, says the waiver on the cap was granted, and the city was allowed to spend 41% of its NSP 3 funds on demolition.

“Nationally, including Cleveland, HUD has granted 20 waivers for the demolition cap for use of NSP 3,” Gonzalez says.

Chicago, Atlanta and other cities around the country are installing programs to demolish more homes. The largest may be Detroit, where the mayor pledged to tear down 10,000 vacant homes by the end of 2013. The city assigned 4,074 structures to contractors, and 3,629 of these properties are now gone, according to the latest data.

LATEST EFFORT
Sen. Jack Reed, D-R.I., introduced a bill in March that would provide another $15 billion to states, cities and nonprofits for rehab and demolition projects. Roughly $10 billion would be granted using a model based on the NSP, and $5 billion will be distributed through new competitive grants. It would also provide more support to local land banks.

“This initiative will provide a flexible source of funding to help local communities leverage federal dollars to effectively address vacant and blighted properties in their areas,” Reed says.

Slavic Village could be the launching pad for a national program, where rehab investors, demolition crews, servicers, property preservation companies and the city are partnering to rip down properties and attract private capital to then rejuvenate the house next door.

“It’s still in the implementation stage,” Klein says. “This has never been done. We’re figuring out the concept.”

Rick Sharga, executive vice president of Carrington Mortgage Services, believes there will be more land bank projects this year.

“One of the reasons we haven’t seen much of this activity to date probably comes down to budgetary issues — many cities across the country are running deficits and simply don’t have the funds to pay the demolition costs, even if the property owners were willing to give them the properties,” Sharga says. “The fact that certain Ohio counties have decided to use funds from the AG settlement drew some complaints from consumer groups, but is really a smart way to pay for clearing away properties that are safety hazards, and which are likely dragging down the property values of adjacent homes.”

The key to more enthusiasm for a broader effort is the early success of these pilots, which Sharga said is inevitable.

“There may be a psychological barrier to the demolition strategy as well; bulldozing a home is a permanent action, and indicates that everything else has failed,” Sharga says. “I think once we see positive results in some of the communities that take this action first, you’ll start to see it happen in other areas which were either egregiously overbuilt during the housing boom, or fell into disrepair during the recession.”

Caroline Reaves, CEO of property preservation firm Mortgage Contracting Services, says some servicers are beginning to change their own policies to encourage more demolition. Cities like Chicago are beginning to enforce code violations and force the banks to pay for the demolition.

There were 18,320 vacant Chicago properties as of September 2010, according to the most recent study from the Woodstock Institute. Nearly 70% were tied to foreclosure filings began between 2006 and the first half of 2010.

“Neighborhood blight has been one factor contributing to drastically depreciated home values,” Reaves says. “To prevent its spread, some banks and servicers themselves are re-evaluating certain vacant properties and proactively demolishing abandoned, condemned and/or dilapidated properties to result in nice, manicured lots.”

In early March, Bank of America donated another 75 homes to Kansas City and provided up to $875,000 to rehab or demolish them. Last year, it donated another 100 to the city of Detroit.

Still, with costs so high and timelines so long for taking down a home, forecasting how much of the excess inventory will be torn down is nearly impossible.

“It is challenging to forecast an exact volume of demolition initiatives that will be carried out this year, but we are seeing a high level of collaboration between all the parties involved in this process to ensure a positive solution that helps stabilize our nation’s communities and reduces neighborhood blight,” Reaves says.

Fernbacher, too, believes cost is the largest issue that is keeping more projects on hold. But, he says dollar-for-dollar, demolition could be one of the best solutions for the housing market once carrying costs, insurance, safety and liability costs for homes stalled in a jammed foreclosure process are factored in.

He’s already seeing a growing interest. Based on his models, GSPS business is set to quadruple from last year — in just the first four months of 2012. He has 21 full-time employees and 230 independent subcontractors, many laid-off construction workers who once built nearby homes.

But unlike demolition causes in the past, there will be a lot more green space this time around, he says.

“It’s completely come full circle,” he says. “Where it became about excess before, it’s about becoming a minimalist and reducing the inventory now.”

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About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees  and a handful of contractors performing services in the Midwest, to a national company with over 800 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.