Safeguard Properties Honored for $150K Foreclosure Prevention Donation

DSnews.com?has printed an article about Safeguard Properties donating $150,000 to Cuyahoga County’s Foreclosure Prevention Program.

Safeguard Properties Honored for $150K Foreclosure Prevention Donation
by Nicole Barbosa | 06.13.08

Troubled borrowers have started to turn toward the unlikely. Not a traditional homeownership counselor or lender/servicing representative?but a vendor.

Though Ohio ranked only ninth nationwide with a foreclosure rate of one in every 410 homes, the Buckeye State posted 12,295 total foreclosure filings?placing fifth, according to the latest data released today by RealtyTrac. But these stats don’t keep companies, like Cleveland-based Safeguard Properties, from going out to their way to offer up advice and foreclosure prevention to homeowners in need of hope and answers.

Robert Klein, CEO and founder of the company, is receiving recognition and praise from colleagues for his dedication to this endeavor.

Klein and his company were recognized Friday morning by County Treasurer Jim Rokakis for the $150,000 dollar grant ($50,000 over three years) they provided to the Cuyahoga County Foreclosure Prevention Program.

?We are grateful for Safeguard’s commitment to the region and for their understanding of the critical role foreclosure prevention plays in protecting our neighborhoods and communities,? said Rokakis. ?This grant comes at an important time for all of us and will go along way towards helping to protect at-risk homeowners from foreclosure.?

The program, also known as the ‘Don’t Borrow Trouble’ campaign, attempts to provide the necessary tools (pamphlets, ads, etc.) to homeowners to prevent victimization by predacious lenders. Since it began in 2006, the program has assisted more than 10,000 homeowners and had a direct hand in the prevention of more than 2,100 foreclosures.

‘Cuyahoga County is our home, where we live and raise families. As a business, we see first-hand the devastation that results from foreclosures. It’s in all our interests to work together to prevent [them], and Safeguard is honored to participate in this initiative,’ Klein said.

For more information about the Cuyahoga County Foreclosure Prevention Program and the services they provide, click here.

Miami Herald “U.S. mayors seek solutions to vacant-homes crisis”

The Miami Herald recently printed?two articles regarding the U.S. Conference of Mayors held in Miami, Florida, both of which quoted Robert Klein.

U.S. mayors seek solutions to vacant-homes crisis

The lawns were growing wild. The trash was piling up. And the mayor of Louisville, Ky., was tired of getting stuck with the tab for cleaning up someone else’s property.

So, Jerry Abramson picked up the phone and called the senior vice president of Wells Fargo, one of the country’s largest mortgage lenders and owner of multiple, derelict foreclosures in his city.

”You owe me $27,000 for the month of October,” Abramson told the lending executive, “How do I collect?”

Underscoring one of the chief frustrations cities face in dealing with the nation’s foreclosure crisis — collecting on liens for code violations, Abramson kicked off a strategy session at the U.S. Conference of Mayors in Miami Sunday to tackle the growing problem of vacant and abandoned property.

As the nation’s cities tighten budgets amid a slowing economy, preventing vacant homes from falling into decay and dragging down property values is becoming increasingly difficult. At least 2.2 million homes are expected to fall into foreclosure by the time the mortgage crisis ends, according to a report prepared for the mayors by the market and economic research firm Global Insight.

Many will remain empty for months, if not years, while the housing market recovers, potentially becoming objects of blight and targets for vandalism and theft.

”There is a huge bubble just beyond the horizon and I am really scared,” said Bill Finch, mayor of Bridgeport, Conn. “I have two [foreclosures] on my block and I live in a nice neighborhood and there is grass growing high.”

Nationwide, some 44.5 million homes sit adjacent to subprime foreclosures alone, according to estimates from Enterprise Community Partners, a national nonprofit that assists cities in developing affordable housing programs. Each home stands to lose $5,000 in value as a result, said Ali Solis, an Enterprise director who spoke at the hour-long session.

Most city code enforcement directors don’t have the phone numbers of banking officials in their Rolodex as Abramson does, however. Hunting down executives so violations can be corrected quickly and at minimal expense is easier said than done.

”When you are dealing with international conglomerates, it can be very difficult to get to the individual who is responsible for the problem,” said Robert Klein, chief executive of Safeguard Properties, which contracts with lenders for property maintenance services. He said his organization had partnered with the Mortgage Bankers Association to provide a resource site where city leaders can easily find lender contacts.

When lenders fail to respond, however, cities must act before properties decay, leaving taxpayers with a bill that may never be paid.

”How do we work to get cities and taxpayers back the dollars they are due?” Abramson asked. No one appeared to have a direct answer.

But Jeffrey Starkey, code enforcement commissioner for the city of Wilmington, De., said his department had begun immediately ticketing property owners for violations, much the way cars are ticketed for parking violations. Most cities must follow a protracted code enforcement process that can allow weeks to pass before property owners begin accruing fines for violations.

On a separate front, cities face the challenge of recycling homes back into neighborhoods, either when they foreclose on liens or the homes become undesirable to buyers because they are in disrepair. Several South Florida municipalities are exploring options.

Miami Gardens’ city manager Danny Crew has said his city, for instance, was preparing to foreclose on a batch of vacant homes for unpaid liens in the coming months. One plan on the table is renovating them to offer as affordable housing.

Pembroke Pines Mayor Frank Ortis told mayors at a separate task force meeting Friday his Broward County community was exploring the possibility of assuming delinquent mortgages on homes currently occupied by renters as a way to prevent further foreclosures.

Their efforts could get a boost from Congress this week when the Senate takes up a housing stimulus bill that, along with making it easier for at-risk borrowers to refinance into government-backed loans, would also provide nearly $4 billion in neighborhood stabilization money that hard hit states could use to purchase and rehabilitate bank-owned property.

Florida would stand to get $288 million of that, under a funding formula included in the bill, or enough to restore 8,669 homes, according to the nonprofit Enterprise.

President Bush opposes the grant measure and has threatened a veto of the bill if it is included.

”Congress has not heard from enough mayors that this funding is critically important,” said Solis, who urged task force members to ”get on the horn” to their local representatives.

”In the next 18 months . . every single community will be directly impacted by foreclosure and see a significant decrease in property values,” Solis said.

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Foreclosure crisis a concern for mayors

Facing constituents losing their homes and an eroding tax base needed to address the problem, America’s mayors assessed their role as first responders to the foreclosure plague sweeping through their communities.

”This entire crisis still continues,” Douglas Palmer, mayor of Trenton, N.J., said Friday in opening remarks to about 18 mayors and real estate industry leaders gathered in Miami for the U.S. Conference of Mayors.

The crisis’ potential impact was revealed in a new report revising the total property value lost from foreclosures to $1.46 trillion in 363 of the country’s largest cities by the end of the year, up from a November estimate of $1.2 trillion. The number of homes in foreclosure is also expected to rise 2.2 million, according to the study prepared for the conference by market and economic research group Global Insight.

PLUNGING VALUES

Home values in Miami-Dade and Broward counties could fall by an average of $47,571 per home, for a total decline in value of more than $60 million, the report said. David Iaia, a principal with Global Insight, told mayors the nation’s cities would remain on unstable ground until at least mid-2009 when the last major wave of adjustable-rate subprime loans should have reset.

Meanwhile, the mayors will be called on to help delinquent borrowers get foreclosure counseling, maintain vacant properties and use the bully pulpit to push for regulatory change in Congress.

Brian Montgomery, a housing commissioner for the U.S. Department of Housing and Urban Development, urged mayors to support the passage of legislation modernizing the Federal Housing Administration that would help expand affordable loans to new homeowners and help at-risk borrowers refinance. Other priorities were discussed, including finding additional funding sources for local counseling agencies and airing public service announcements about foreclosure alternatives.

VACANT HOMES

Central also to the 90-minute discussion were strategies for dealing with a growing number of vacant homes. Robert Klein, president and chief executive of Safeguard Properties, which manages real estate owned by lenders, said 22 percent of the 600,000 foreclosures his company inspected last month were unoccupied, placing them at risk of vandalism and other problems that could make them more difficult to sell.

They can also cause problem for cities concerned that blight will affect neighboring property values and drain municipal resources.

To address the problem in Florida, Lauderhill Mayor Richard Kaplan said he was drafting legislation to require lenders to register properties with the state. ”The biggest opponent to it is the lenders,” Kaplan said.

Earlier this month, Coral Springs became one of the first cities in South Florida to pass a law requiring registration of vacant foreclosures along with a fee, stiff fines, and an expedited code enforcement mechanism for dealing with derelict properties. Kaplan said a national registry was needed instead.

”Right now, each community is coming up with its own regulation and guidelines and there is no way a mortgage service company can deal with 500 different ordinances,” Klein said.

Financial Week – Property values to fall

Robert Klein was quoted in a June 10 article regarding the slide of property values in 2008.

Property values in U.S. cities to fall $1.46 trillion in 2008

Thousands of abandoned and vandalized homes damage worth of surrounding homes

June 20, 2008 3:06 PM ET

(Reuters) – Property values in U.S. cities are expected to tumble by $1.46 trillion in 2008 due to the housing downturn and subprime mortgage crisis that has pushed the U.S. economy to the brink of recession, American mayors were told Friday.

Cities, where some 85% of the 300 million Americans live, face weak economic growth and tepid job markets from the housing crisis and rising fuel and food prices, according to the study by private analysts Global Insight for the U.S. Conference of Mayors meeting in Miami.

Just eight months ago, researchers predicted property values would shrink by $1.2 trillion this year, the study said.

“Metro areas are expected to suffer a $1.46-trillion decline in property values in 2008,” the study said. “The increased loss is a result of even greater deterioration in home markets and prices than anticipated.”

The decline is the equivalent of $21,277 per home, the study said.

Facing eroding property values, coupled with high gas prices and a weak job market, U.S. cities were unlikely to see an economic upturn until mid to late 2009, said David Iaia, an official with Global Insight.

“Housing will bottom out at the end of this year and that will contribute to growth in 2009,” he said.

Cities averaged 2.8% economic growth from 2005-07 but that figure was expected to drop to 1.4% this year and rise a shade to 1.5% in 2009, the study found.

Ninety-three percent of metropolitan areas are expected to see declines in property values, the study said.

Los Angeles will suffer the biggest drop – $203 billion – followed by Washington, San Francisco and Riverside in California. Only 24 of 360 metropolitan areas were expected to see growth, led by Charlotte and Raleigh, North Carolina.

The study said some U.S. cities faced a “triple-whammy” – lower property taxes and reduced transfer taxes on the sale of properties, both linked to the housing crisis, and slowing sales tax receipts due to the economic slowdown.

Mayors and city officials said they had growing concerns about tens of thousands of homes across the United States that were being abandoned by homeowners unable to make onerous mortgage payments.

Some properties are being vandalized by departing owners, others taken over by squatters and some are not properly maintained, damaging surrounding home values.

“This is a very serious problem,” said Richard Kaplan, the mayor of Lauderhill, Florida. “Your next-door neighbor could be the one that’s vacant.”

The Mortgage Bankers Association said it did not have good nationwide statistics on the number of homes abandoned during the housing crisis.

But Robert Klein, the chief executive of Safeguard Properties, an Ohio property management company, said his firm alone inspected 600,000 homes last month, and found 23%, or 138,000, abandoned. Their condition ranged from “livable, move-in condition to totally destroyed,” he said.

He pleaded with mayors to come up with a uniform, national plan to deal with the growing crisis of abandoned properties instead of forcing lenders to contend with different laws in every city.

“There’s no way a mortgage servicer can deal with 5,000 different ordinances. We need a national consensus on vacant properties,” he said. “If these properties are not maintained … they will not be able to be sold.”

The Global Insight study said foreclosure activity was expected to rise to 2.2 million homes, representing a property value of $488.4 billion, in 2008.

“The real estate-owned inventory (property in possession of lenders after foreclosure) is only going to increase in the next 18 months,” said Marietta Rodriguez, director of homeownership programs for NeighborWorks America, a network of community development organizations.

Field Services Provider Donates $150,000 to Cleveland Foreclosure Prevention

Housing Wire has printed an article about Safeguard Properties donating $150,000 to Cuyahoga County’s Foreclosure Prevention Program.

Field Services Provider Donates $150,000 to Cleveland Foreclosure Prevention
By PAUL JACKSON
Published: June 13, 2008?

It?s a move that may seem odd to some, but to CEO Robert Klein and his employees at Cleveland-based Safeguard Properties, it?s part of what they see as being a positive influence in the local community. On Friday, the nation?s largest privately-held mortgage field services company said that it had donated $150,000 to Cuyahoga County?s Foreclosure Prevention Program.

Cuyahoga County, home to one of the nation?s highest foreclosure rates, includes Cleveland. The program, known as “Don?t Borrow Trouble,” is one of numerous local campaigns backed by Freddie Mac, among other large mortgage finance companies.

Safeguard, which primarily manages distressed real estate for its banking and finance clients nationwide, may seem to be an odd supporter of foreclosure prevention efforts — after all, the foreclosure surge is a huge source of revenue for the firm. But that?s not how the company sees it, based on Housing Wire?s previous discussions with Diane Roman Fusco, a Safeguard Properties spokesperson.

Fusco has said that the company sees itself ultimately in the business of managing real estate for its clients; that includes foreclosed properties, but property management need not be a specialty limited to that particular line of work, she said.

Beyond that, companies like Klein?s can be a positive source of support for housing in local communities, despite foreclosures, by ensuring that properties are properly managed and maintained. Ask anyone who has worked in servicing or lived in a neighborhood with high foreclosure activity: it?s most often the properties that are in disrepair and poorly managed that end up becoming problematic.

Safeguard?s donation was recognized in a special reception Friday, attended by Cuyahoga County Treasurer Jim Rokakis, program staff, representatives of non-profit counseling agencies and area business leaders.

“This grant comes at an important time for all of us and will go a long way towards helping to protect at-risk homeowners from foreclosure,” said Rokakis.

Since its inception, the foreclosure prevention program, in partnership with United Way?s First Call for Help hotline, has assisted nearly 10,000 homeowners and directly prevented over 2,100 foreclosures.

“Cuyahoga County is our home, where we live and raise families,” said Safeguard CEO Robert Klein. “As a business, we see first-hand the devastation that results from foreclosures — to families, neighborhoods and communities here and across the country.

“It?s in all of our interests to work together to prevent home foreclosures, and Safeguard is honored to participate in this initiative.”

American Banker Article “For Lenders, New Costs to Foreclose”

As discussed in the following article from American Banker,whether litigation, ordinances or increased violations cities throughout the country are increasingly looking at avenues to address increasing foreclosures.

For Lenders, New Costs to Foreclose

Local governments eye fees to offset foreclosure effects

For some time rising foreclosures have led cities and states to consider ways to slow things down.

Now more municipalities are taking a different tack: ramping up the costs associated with holding on to a foreclosed property.

The response, which has emerged largely in Southern California and the Midwest, often takes the form of steep fines or other sanctions for code violations on foreclosed homes that have been sitting vacant. Where once the focus was primarly on keeping people in their homes, more recently efforts have been aimed at mitigating the effects of foreclosures on neighborhoods, especially when they happen in clusters.

Last week St. Paul became one of the latest cities to take such action. Mayor Chris Coleman gave 19 companies ? most of them big lenders and servicers ? 30 days to come up with a plan to rehabilitate foreclosed homes or face legal action.

“What we’re trying to do is have the lenders and banks come and work with us on an abatement or mitigation plan,” City Attorney John Choi said Friday. Many homes have become “a public safety hazard,” because people are breaking in to steal copper pipes or to take drugs.

Mr. Choi mailed warnings last week to Wells Fargo & Co., Deutsche Bank AG, U.S. Bancorp, HSBC Holdings PLC, JPMorgan Chase & Co., and Merscorp Inc., which runs an electronic mortgage registration system. He said these companies own or service about a third of the 1,700 foreclosed homes in St. Paul.

However, Ted Meyer, a spokesman for Deutsche Bank, said in an e-mail that even though its DB National Trust Co. acts as a securitization trustee on many properties, it does not “own or control any of the properties referenced in the letter” from Mr. Choi. “The trustee is not responsible for maintenance nor any other foreclosure-related issues,” Mr. Meyer said.

Similarly, Teri Charest, a spokeswoman for U.S. Bancorp, said it acts as a trustee on most of the St. Paul properties cited in the letter it received. As such, it is not responsible for repairs, she said.

Each letter came with a spreadsheet listing the vacant properties that Mr. Choi said the recipient company controlled, along with a list of claims the city could pursue if the company did not cooperate. Another 13 companies were sent letters Friday.

Susan Davis, an executive vice president at Wells Fargo Home Mortgage’s Minneapolis office, said the lender started a toll-free hot line in January that cities and counties can call when they are concerned about a property.

“Whatever the time frame, we will work closely with the city,” Ms. Davis said. “Everybody benefits when the home is maintained and reoccupied.”

R.K. Arnold, the president and chief executive of Merscorp, said in a written response to questions from American Banker that he had received the letter, and that his Vienna, Va., company “takes it very seriously.”

Merscorp will meet with St. Paul officials, Mr. Arnold said. “It is our responsibility, and we will fix the problem.”

HSBC and JPMorgan Chase did not return calls seeking comment.

An ordinance that took effect last month in Palmdale, Calif., requires lenders to pay a $100 fee to register vacant or abandoned homes that are in foreclosure, as well as up to $2,500 for code violations.

That ordinance was modeled on one that took effect in October in Chula Vista, near San Diego, and instituted a $70 fee to register vacant properties as part of an effort to keep home values from dropping further.

Several other California cities, including Calimesa, Fresno, and Oakland, are drafting similar proposals.

Officials in Buffalo, Cleveland, and Detroit ? cities with some of the highest foreclosure rates in the country ? passed strict code-enforcement measures last year and are taking steps to demolish structures that are deemed not worth saving.

Asset managers say violation fines have skyrocketed in some cities and are reaching as high as $1,000 a day.

“The cities are being so proactive in attacking the lender, thinking we’re the deep pockets,” said Shelley Kaye, an asset manager at First Option Asset Management Services LLC in Irvine, Calif., and the president of REOMac, a trade group for such outfits.

One problem is that cities often send code violation notices to the wrong address, so by the time it gets to an asset manager, the fines can be steep, she said. (Some of Mr. Choi’s letters were addressed to high-ranking executives like Josef Ackermann, Deutsche Bank’s chairman in Frankfurt.)

With servicing costs soaring, many companies do not want to make costly repairs, Ms. Kaye said.

Jonathan Engman, an lawyer with the Detroit firm of Fabrizio & Brook PC, who represents lenders, said cities are fining lenders anywhere from $200 to $2,500, even though taxes are being paid on foreclosed properties.

This month, he said, he appeared before the Detroit City Council and was given 24 hours to clean up a property before it went on a demolition list, even though city residents who owned abandoned properties were given deferments.

“There is no fair treatment of the industry,” he said. “Cities are using the citations as a tax.”

Robert Klein, the CEO of Safeguard Properties, a privately held Brooklyn Heights, Ohio, mortgage field services company, said lenders and servicers are trying to take “a proactive approach” to empty buildings but do not always have the legal authority to do so.

“Some of these properties are in default and have not gone to foreclosure sale yet, so lenders are limited as to what they can do,” he said. Some lenders have been sued for trespassing ? by borrowers who have defaulted

To view the online article, please click here. (subscription required)

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 500 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.

USA Today “Mortgage lenders see more borrowers give up “

A recent article in USA Today? discusses the challenges facing the loan servicing industry, including including increasing borrower contact with the goal if increased home retention.

Mortgage lenders see more borrowers give up?

On the front lines in the mortgage foreclosure crisis, lender and loan servicer Dennis Lauria says his deepest losses are from borrowers who owe more than their homes are worth and simply mail in the keys, rather than try to work out a new payment plan.

“I can’t get you to pay if you’ve got no skin in the game,” says Lauria, senior vice president of Popular Mortgage Servicing in Cherry Hill, N.J., who says 14% of his customers with subprime loans ? high-interest loans given to people with poor credit ratings ? are in default.

Nearly 3 million homeowners were behind on their mortgages at the end of last year, the Mortgage Bankers Association (MBA) said last week. An additional 1 million-plus borrowers were at risk of imminent foreclosure. The number of foreclosures is likely to set records throughout the year and poses an increasing risk to the housing market, the financial markets and the economy.

Federal Reserve Chairman Ben Bernanke says the mortgage industry needs a “vigorous” response to help beleaguered homeowners. But what about the response ? or lack of one ? from borrowers?

In California, Florida and Nevada, particularly, where prices are falling the steepest, rising numbers of borrowers are giving up and abandoning their homes despite the significant damage a foreclosure can have on the credit ratings that determine their ability to get future loans.

Nationwide, more than half the borrowers who lose their homes through foreclosure never answered their lenders’ calls or letters, according to Freddie Mac. And an MBA analysis found that 23% of loans in foreclosure last fall were to homeowners who had no contact with their lenders, and that an additional 18% were to absentee owners.

The numbers help explain why it’s so difficult to reverse the trends of rising foreclosures and falling property values. Even some homeowners who can afford to pay their mortgages are defaulting, Lauria says, because their house might have lost 30% of its value, and they figure it will be a long time before it’s worth what they paid for it.

“They say, ‘If I play my cards right, I can live here free for 12 months, maybe longer’ ” before the lender can foreclose, Lauria says. “Our challenge isn’t contacting the borrower. I can talk to them, but they stick their tongue out at me.”

Hundreds of thousands of distressed homeowners are reaching out for help. The Homeownership Preservation Foundation, part of the Hope Now Alliance, fields more than 4,000 calls daily to its toll-free hotline (888-995-HOPE). But about 1 in 4 callers don’t want credit counseling, the foundation says. Many simply want financial relief.

Thary Yin, 26, who works at Wells Fargo’s call center in South Carolina, talks with 10 to 20 borrowers a day.

“A lot of the stories I hear from mortgagors are situations that are very, very extreme,” she says. “I talked to a cancer patient, and after Katrina hit New Orleans, the stories I hear. ? Wells Fargo offers solutions on the mortgage side, but on the personal side, you can only cover so much on a phone call. Not being able to do more personally is the most difficult thing for me.”

Getting more aggressive

With home prices sliding and politicians calling for government and the mortgage industry to do more to help troubled homeowners, lenders and loan servicers such as Lauria are becoming more aggressive in contacting delinquent borrowers and modifying loans to make payments a bit easier.

Such tactics make sense for the loan industry: The last thing a lender wants is another vacant property to fix up and sell.

“We’re becoming more realistic about where the market’s going to go,” said David Sunlin, senior vice president for foreclosures and bankruptcy at Countrywide Financial, which is the nation’s largest mortgage lender and the focus of several government investigations into aggressive lending practices that made the company financially vulnerable.

With an inventory of nearly 40,000 foreclosed properties nationwide, Sunlin says, he will work with a borrower to try to sell a property, even with a sizable loss, up to the date it’s scheduled to be auctioned at a foreclosure sale.

At JPMorgan Chase, which has seen foreclosures jump 38% in the past two years, cases now go from collections to the “loss mitigation” department just five days after a borrower misses a payment, so the company can try to find a faster solution to keep the homeowner in the property. Not so long ago, the loss mitigation department didn’t get involved until 90 days after a missed payment.

As soon as a lender takes control of a property, the value begins to drop while the maintenance costs mount.

Safeguard Properties, a company many lenders use to change the locks, cut the grass and board up windows on foreclosed homes, has seen business rise more than 15% during the past year. A lender will pay $600 to $1,200, and more in some cases, for Safeguard to care for each property.

The largest surges in new foreclosures in the fourth quarter of 2007 were in California, Arizona, Nevada and Florida, where the frenzied real estate boom in the past several years attracted buyers who put little money down and got risky loans with virtually no proof of income.

Avoiding lenders

There are many reasons homeowners behind on their mortgages fail to contact their lenders, mortgage specialists say. Some don’t believe their lenders can help them. Others fear it will only speed the foreclosure process. And some don’t call because they simply don’t have money to give the lender, according to surveys by Wells Fargo and Freddie Mac.

“It’s (lenders’) own fault that borrowers won’t answer their calls,” says Todd Buckner, CEO of National Housing Solutions, a for-profit mediator between borrowers and lenders to stop foreclosures. “Their collections departments have beat (delinquent homeowners) over the head for months. It’s no wonder borrowers won’t answer the phone.”

To reverse public perception that they don’t want to work with troubled borrowers, lenders are hiring and training hundreds of employees to answer calls and help borrowers restructure their mortgages. They also are turning to more creative ways to try to reach at-risk homeowners.

The Hope Now Alliance, a coalition of 28 lenders and loan servicers supported by the Bush administration, has mailed more than 1 million letters since December to borrowers with subprime, adjustable-rate mortgages (ARMs). In many cases, the lenders are offering to freeze the borrower’s interest rate for five years. In other cases, borrowers may qualify for a 30-year, fixed-rate loan. Even so, the response rate has been less than 20%, on average.

To find homeowners who have stopped paying their mortgages and moved out, lenders use companies known in the trade as “skip tracers.” One of them, Players National Locator, for example, is receiving 7,000 cases a month from lenders looking to track down delinquent homeowners, up 20% since September.

Martin Goodman, president of Residential Capital in San Diego, sends his delinquent borrowers a $5 Starbucks gift certificate, along with documents that explain how his company can help them restructure their loans and avoid foreclosure. His response rate is only 10%.

But Goodman says making contact is only one challenge. The other is persuading delinquent borrowers to tell the truth about their financial condition. He suspects at least 90% of borrowers don’t explain the real reason they are falling behind on their payments out of fear it might accelerate their foreclosure.

“Everybody’s grandmother is dying. Everybody’s kid is having surgery,” Goodman says. “I’d rather somebody say, ‘We mismanaged our debt. This is what we make, and this is what we can afford.’ “

A ‘sense of entitlement’

As home prices fall from coast to coast, 8.8 million homeowners will have mortgage balances equal to or greater than the value of their property by the end of the month, Moody’s Economy.com. predicts.

That could come as a shock to consumers who thought property values would always rise, and it helps explain the attitudes lenders are seeing among their troubled customers, Goodman says.

“If you buy a car and it depreciates,” Goodman says, “you don’t expect the automobile dealer to write off your loan. There’s a sense of entitlement (among homeowners) that is just unbelievable.”

Goodman, whose firm specializes in home equity credit lines, says the main reasons people took out the loans were for home improvement, debt consolidation and medical expenses. But he estimates that about 20% used the cash to go on vacation or buy a new car.

Stories like his are fuel for the opposition in Washington against a government bailout for homeowners facing foreclosure. On the other side, consumer advocates such as the National Community Reinvestment Coalition (NCRC) can cite a litany of abusive lending practices that hurt homeowners.

“The government ought to get involved because there’s been a market failure,” said John Taylor, CEO of NCRC. “Our proposal is for the government to act as a cash-flow agent, to temporarily acquire the mortgages creating these problems long enough to refinance them into sensible terms and conditions. There would be no bailout because the government gets paid back.”

So far, the Bush administration has backed two initiatives from the Hope Now Alliance to help some homeowners avoid foreclosure. But their restrictions severely limit their effectiveness.

In December, for example, the alliance said it would freeze interest rates or refinance an estimated 1.2 million homeowners with subprime ARMs. To qualify for the interest-rate freeze, borrowers would have to be facing a 10% increase in their mortgage payment once their interest rate reset. But many subprime ARMs are tied to an international index that has fallen 2 percentage points since Christmas.

“In our portfolio, 60% of the borrowers who would have gotten fast-tracked (under the Hope Now plan) would not get that now that the rates have changed so much,” said Melissa Lucas, director of loss mitigation for Home Loan Services.

Instead of a payment increase of $450 a month, on average, her customers will see their payments rise by only $135. They may still qualify for other loan modification programs, she said, but not for the Hope Now plan.

FHA can help, sometimes

In a separate push, the administration backed this year’s temporary increase in the maximum loan limits of the Federal Housing Administration, which caters to first-time and low-income borrowers.

The FHA also has created a new loan program, called FHASecure, to help subprime borrowers refinance out of risky ARMs. Since it was announced in fall, the FHA has received about 277,000 applications and approved fewer than half of them.

In New Jersey, Lauria said he sent the FHA about 3,000 of his company’s delinquent loans to see how many could be refinanced under the FHASecure program. The answer: 61.

Even for the borrowers who contact their loan servicers, the options the companies can offer are tightly constrained by their contracts with investors who buy and sell pools of loans that are packaged as bonds.

But Lauria doesn’t believe every homeowner who can’t pay their mortgage can or should be saved.

“One-third of people who are delinquent should be in foreclosure. It’s the best alternative,” he says. “They don’t have the money. They shouldn’t have (gotten the loan) to begin with.”

And that’s why, he says, he doesn’t blame some of them for walking away from their homes.

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 over 450 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.

Effective Communication-Code Enforcement and the Servicing Industry

Published in March/April 2008 REOMAC Update Magazine

By Robert Klein

Statistics abound about how much property values drop when defaulted and REO properties fall into disrepair. This is why the mortgage servicing industry and other investors spend millions of dollars annually keeping properties in their portfolios up to code and in good repair. In many instances, even actively managed REO properties experience code violations resulting from weather damage, vandalism and other unexpected events.

One of the greatest challenges in effectively dealing with code violations has been the inability to create an effective communication channel between local code enforcement officials and the servicing industry.

Typically, when code enforcement personnel issue a violation, the violation is sent to the owner of record on file with local recorders’ offices. It is too common that this information is either out of date, or lacks accurate contact information so that violations can be brought to the attention of the right person and addressed in a timely manner. Even when the right entity is on record, the contact information may be incomplete or inaccurate. As a result, code violation notices can wind up in the wrong city, with the wrong department, and even worse, in a waste basket with piles of junk mail.

Over the past few years, the field services industry has worked diligently to address this issue on behalf of its clients. Prompt notification of code violations and timely remediation is essential in addressing property damage to prevent further deterioration and community blight. At Safeguard, we have actively developed a working partnership with thousands of code enforcement officials in cities across the country to eliminate this communication gap. Rather than sending notices to the entity on record when code violations occur on vacant properties, we have asked them to notify us, and in turn, we have identified the right contact, whether the property was in our client portfolio or not.

This approach has provided two advantages. First, it has given us an early alert about code violations on our clients’ properties, allowing us to address issues in a timely manner to prevent further property damage. Second, it has allowed us to help our colleagues in the industry, with a courtesy contact to the responsible party to make them aware of violations so they can engage their own inspection and maintenance process.

It is one example of how the mortgage field services industry works cooperatively to raise the level of service we all provide to our clients, and maintain the integrity of properties and neighborhoods across the country.

Recently, the Mortgage Bankers Association (MBA) added a Property Preservation Resource Center to its web site (www.mortgagebankers.org/propertypreservation). Through this site, code enforcement officials nationally can obtain property preservation contact information for mortgage service companies to facilitate the process when code violations come to their attention. It also provides a link to the MERS Servicer Identification System to identify parties responsible for specific properties. This service is an invaluable resource for code enforcement officials and mortgage servicers nationally to further open the lines of communication.

By working together to identify and address property violations quickly and effectively, we can all be more effective in maintaining the quality and integrity of vacant properties, helping our clients achieve faster and more valuable sales, and preserving neighborhoods for homeowners and their families.

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Robert Klein, a long time REOMACTM member and supporter, is CEO of Safeguard Properties, Cleveland, OH, the largest privately held mortgage field services company in the U.S.

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Cleveland Plain Dealer “Mortgage field service firms doing well in Cleveland amid foreclosures”

Recently, the Cleveland Plain Dealer featured an in-depth look at the efforts of? the loan servicing industry to?mitigate the potential consequences of?the increasing number of vacant and abandoned properties. With the initial condition of these properties deteriorating (as increasing reports of “property stripping” surface), superior maintenance of these properties is vital to?protect them from ?further damages and return the properties to productive use.

Mortgage field service firms doing well in Cleveland amid foreclosures

Foreclosures mean plenty of work for firms that maintain and manage vacant homes

Who wants to buy a house that has been sitting empty for months?

Its copper pipes have been ripped out by vandals, the cast iron pipes have burst in freezing weather, and it’s full of junk left behind by people who don’t care about its condition.

After all, they’ve just lost their home. It doesn’t matter to them whether it sits on the market forever, its value deteriorating.

But to the new owners of properties like these — banks or other mortgage lenders — it’s starting to matter a lot.

In the past few years, lenders have lost many millions of dollars on properties that they’ve taken ownership of after mortgages have gone into foreclosure.

In 2007, there were more than 2 million foreclosure filings nationwide, nearly 14,000 in Cuyahoga County alone.

Five or 10 years ago, some lenders would have unloaded the properties as quickly as possible, accepting the loss and moving on.

But these days, because of the sheer number of properties to deal with, that approach has become extremely costly, said Robert Klein, chief executive of Safeguard Properties Inc. in Brooklyn Heights.

That’s where mortgage field service companies like his come in. Lenders hire them to change the locks, mow the lawn, drain the pipes, clean up the place, maybe even do some remodeling — whatever it takes to get the property sold at a price the lender can swallow.

This little-known industry, like the foreclosure crisis, has grown tremendously over the past few years.

“Anytime a bank takes a property to foreclosure, they’re losing heavy-duty money,” Klein said.

Safeguard’s job is to lessen the bleeding.

“Right now, there’s a tremendous, tremendous emphasis on protecting the collateral, in making sure property doesn’t get damaged,” he said. That means deterring vandals and preventing vulnerabilities like a weak roof or bad pipes from creating more expensive problems.

He said Safeguard clients also aim to maintain neighborhood property values and attract buyers who will actually live in the houses, rather than try to turn them over for a quick buck.

That means making the house look occupied and keeping it in a condition that’s more desirable to families.

“For a bank, securing and maintaining homes is not their main business,” Klein said. “This is a very small part of their world. Our clients have come to rely on us.”

The mortgage field services industry isn’t new, though.

Tim Doehner, executive director of the National Association Mortgage Field Services, said banks have hired contractors to keep up bank-owned properties for as long as he can remember.

But before foreclosures were so widespread, banks typically hired contractors themselves, or hired real estate brokerages to handle it, he said.

“In the past 10 to 15 years, it’s become an industry in itself,” Doehner said.

NAMFS is a trade group that was founded in the 1980s. It has around 350 members, which range from local construction companies to big players like Safeguard and FIS Field Services in Solon.

Those national companies have emerged in order to service today’s large banks and mortgage companies that own properties all over the country, Doehner said.

Safeguard was founded in 1990 and started out in Ohio, Michigan and Pennsylvania. Today the company does business in every part of the country and employs nearly 500 people, not including more than 5,000 contractors it hires to do work on the homes.

Jeff Tortorea, president of Lost Pond Construction Inc. in Chardon, said he gets at least 80 percent of his business from Safeguard. He has four construction crews that do work in Northeast Ohio, taking on an average of 20 jobs a day.

The most common job is simple: An exterior inspection to make sure someone is still living in the house after the owner starts missing mortgage payments. If the owner is still there, the contractor does nothing more. Safeguard commissioned 4.8 million of those inspections last year – about 12,000 in Northeast Ohio just during September and October, the latest months for which local numbers are available.

In the fraction of cases where the home goes into the foreclosure process, a contractor like Lost Pond is sent by Safeguard to make sure the house is secure by doing things like changing the locks and boarding up any broken windows.

Once the foreclosure process is complete and the lender takes ownership of the house, Safeguard offers a range of services to the lender – including remodeling, repair and cleaning services. Safeguard did about 2,000 of those jobs in Northeast Ohio in September and October.

John Caputo, of Fowler and Sons Construction Services in Lyndhurst, says a lot of properties are in less than good shape when a bank gets them.

“If somebody doesn’t have the money to pay their mortgage, chances are they also don’t have the money to keep up the property,” he said.

In Cleveland’s Glenville neighborhood, an out-of-town bank that Safeguard asked not be named is spending more than $20,000 to spruce up the exterior of a property and to repair interior damage apparently caused by vandals.

The job includes replacing a missing water heater and furnace, fixing the porch, replacing storm windows and doors and exterior painting.

Boni Dellarose, director of home sale services at Real Living Realty One, said many of the lenders that list their properties with her agency work with large field service firms like Safeguard. But some of the smaller banks don’t, and they expect the real estate agency to do the basics.

Dellarose said she will hire contractors to winterize houses and to maintain the exteriors. She said keeping the properties maintained is important for the community and the real estate market.

Ten years ago, Safeguard’s Klein said, “banks and even cities weren’t paying as much attention to a vacant home on their block.”

But now, it’s too big a problem to ignore.

He said the interests of his clients and municipalities should be the same: to reduce the number of houses that go into foreclosure and to take care of the ones that do.

He admits, though, that the increase in vacant homes has been a boon to Safeguard.

“As delinquencies continue to grow, we’re going to have more business,” Klein said. “We try to give something back by doing the job right.”

So what happens when the foreclosure crisis comes to an end?

Klein said an improved housing market would be good for everyone, including Safeguard.

“We’re diversified,” he said, coyly. “Right now we have our hands full, but I think there’s plenty of work out there outside of the foreclosure business. We are looking ahead.”

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 over 450 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.

Buffalo News “Salvaging Foreclosed Homes”

A recent article in The Buffalo News chronicles efforts by the servicing industry to return abandoned properties to productive use.

Salvaging foreclosed houses

Crews clean, repair, monitor homes for eventual resale

Paul Dinehart gripped the railing and tested the faded wood steps before mounting them to the porch and striding to the front door of the East Side home. Unlocking it, he pushed it open slowly, calling out ?Hello? Hello?? in a booming voice.

Not receiving or expecting an answer, he stepped gingerly inside the foyer, past a broom and an exercise bike, and onto the dirty brown carpet, which was littered with papers, books, bags and other garbage. A white plastic chair and a blue AB Lounge Sport fitness machine stood along the wall.

?Careful, the floor is buckled here,? he cautioned his colleagues and a reporter behind him, as he moved farther into the house and felt the floor move beneath his shoes.

The three-story, blue-gray house has been recently abandoned by its owner, driven away by the threat of foreclosure initiated by his or her mortgage company.

Left behind in what seems like a hurry is the debris-filled, neglected property, covered in muck and filth, with a host of belongings haphazardly strewn around in various states of disrepair. A burst pipe on the second floor had caused water to cascade down as far as the basement, but that?s now receded, leaving dust, mildew and destruction in its wake.

But Dinehart and his colleagues don?t care about what happened before, or even whether the devastation they see was deliberate or just careless. Their job is just to clean it up, repair any critical damage, and get the house ready for a new owner. In this case, they estimate that means $20,000 of work.

?Most of the time, we never find out what happens. It?s not our place,? said Dinehart. ?We need to preserve and protect the property. We need to make sure it?s not a house that?s contributing to blight.?

Dinehart is a quality control field representative for Safeguard Properties, an 18-year-old Cleveland- based firm that inspects, monitors, repairs and maintains abandoned and foreclosed homes nationwide for mortgage servicing companies. The company uses a network of 4,000 contractors in all 50 states to inspect or maintain about 450,000 properties at any given time, including about 1,800 in Western New York in the last two months.

He and his co-workers are part of a little-known $1 billion industry whose essential job is to make sure the houses backing defaulted mortgages don?t lose value and can be quickly put back on the market. Otherwise, lenders can?t recoup losses, and are stuck holding real estate.

?The immediate goal is to make sure the value of the property does not deteriorate. We do whatever we can to maintain that condition,? said Safeguard spokeswoman Diane Roman Fusco.

With the nation engulfed in a mortgage crisis that threatens to send up to 2.2 million homes into foreclosure, most of the attention has focused on the impact on borrowers, lenders, and investors, and how to prevent foreclosure. There?s been little discussion of what happens afterwards, though.

The mortgage industry today is highly complex, with loans originated by brokers, sold to Wall Street, and packaged into investment pools whose income stream is sold in pieces to investors. But behind every investment security is a loan, and behind each loan is still a house, on a block, in a neighborhood where other people live.

Western New York has not been hit as hard as many parts of the country, largely because the region never saw the housing and mortgage boom found in California, Florida, and Arizona. But even with a significantly lower subprime foreclosure rate here ? 5.6 percent versus 9.7 percent statewide ? there are nearly 200 homes in foreclosure just in the city of Buffalo, and 509 in the eight-county area, all because of subprime loans.

Besides causing a loss to the lender, foreclosed, vacant and derelict homes can devastate the communities around them. Neighboring property values fall by at least several thousand dollars, municipal tax revenues drop, and cities and towns must spend thousands of dollars just to inspect each abandoned home, let alone maintain or fix them. Demolishing houses can total hundreds of thousands of dollars or even millions of dollars a year for large cities.

?It?s a crisis. Communities are reeling,? said Joe Schilling, director of research and policy for the Washington, D.C.-based National Vacant Properties Campaign, a collaboration between Smart Growth America, Local Initiatives Support Corp., and the Metropolitan Institute at Virginia Tech. ?It?s going to be the local governments and the neighbors that are going to be left holding the bag.?

The mission of companies like Safeguard is to prevent that. Much of their work involves just inspecting a home after a borrower has defaulted, to make sure the house is still occupied, determine its condition, and report back to the client.

The companies only turn to active preservation when the homeowner abandons the home or the foreclosure is completed. At that point, the lender takes possession, and the property is considered ?Real Estate Owned? ? or REO in industry terms ? on its books.

Comprehensive repairs

In the past, the companies did just basic work for their clients, literally taking out the trash and cleaning the houses of any debris, food and belongings left behind. But as the mortgage industry has exploded in size and its needs have evolved, so have the services they provide.

They still secure the properties with locks, board up broken windows, and repair any significant structural damage ? such as roof leaks or burst pipes ? as soon as they take possession of a house for a lender.

But now they also ?refresh? the properties, providing maid service, mopping floors, wiping up dust, vacuuming carpets, and arranging for the grass to be cut, hedges to be trimmed and snow to be removed. They also ?winterize? the plumbing, shutting off water, draining lines, and taking any other steps to ensure pipes don?t burst and houses don?t flood.

?The services used to be basic, but now it?s becoming more refined,? Fusco said.

They even put air fresheners inside the houses so potential buyers aren?t turned off by any odors.

?The majority of properties . . . are usually left with tremendous amounts of debris and varying levels of filth and scum,? said George Correa, a real estate agent with Western New York REO Specialists, a division of Hunt Real Estate ERA that offers the same services as Safeguard, but also markets and sells the homes as a broker.

?If a property has a lot of garbage in it, it creates a negative atmosphere and the offers you get reflect that. If you clean it up, hopefully you can get a little bit of a better offer.?

Take the East Side home that Safeguard just secured. The kitchen sink was full of water, while a pair of scissors and a tampon package sat in the bathroom sink next to a stick of Secret deodorant and a flattened roll of toilet paper. A carton of eggs and a box of Minute Rice stood on the kitchen counter.

Ceiling tiles and cracked porcelain shards littered the bathroom floor near a dirty toilet. A torn mattress lay on the floor of the nearby bedroom, with scattered clothes, papers, and a black-and-purple wig alongside, and a music CD, phone book and large fan in the next room. In the basement were cans of paint and paint thinner, a bookcase with warped shelves, and a computer monitor.

?We don?t know the situation with the people, but obviously they?ve left stuff,? Fusco said. ?These are desperate situations for these people. They?re losing their properties. Chances are they have other issues as well.?

15%-20% are trashed

And that?s not uncommon. Correa said 15 percent to 20 percent of the 70 to 80 properties

his team handles at any given time are trashed. ?And the amazing thing is people were living there,? said Correa, who handles about 300 homes every year and works for about 20 clients. ?They made an even bigger mess when they didn?t care anymore [but] these people actually lived like this.?

Sometimes homes are vandalized, either by the former owner or someone who saw they were vacant. The rising price of scrap copper has made theft of copper pipes commonplace in the last 10 months, with vandals ripping through walls and causing several thousand dollars in damages to get less than $100 worth of copper.

Kitchen counters, bathroom toilets, lights, hot-water tanks, and even furnaces have been stolen. Correa has even found windows and doors missing, only to look across the street to see a neighbor installing new ones that didn?t quite fit.

?You look at that, and you can?t do anything,? he said. ?You just avoid a confrontation.?

But while much of the mess has to be cleaned up, crews don?t throw everything out and don?t repair everything. Some belongings get taken to storage in case the owner reclaims them. And once the home is secured, many decisions about large repair projects or enhancements are up to the mortgage company, which will only do what is necessary and appropriate for the neighborhood, but won?t spend more than the house is worth. So the basic guideline is simply to address ?anything that would deter a sale,? Dinehart said.

Most homes don?t require too much work.

Safeguard in mid-November secured a yellow duplex with red doors and shutters and tanpainted bricks on the Upper West Side following an eviction. The company removed debris, addressed a minor roof leak that had caused water damage, and provided maid service.

But several walls still have picture hooks, colored pins and nails in them, and one bedroom has fluorescent yellow stars of various sizes stuck on the wall. The carpeting lining the front stairs is torn in several places. And there are holes carved into the wall above two closets.

?Something like that wouldn?t deter a sale,? Dinehart 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,?OH? 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 450 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

HUD Property and Preservation Guidelines Revised with Issuance of Mortgagee Letter 2007-03

Industry collaboration leads to adoption of Best Practices

published in Servicing Management, June 2007

By?Robert Klein, CEO, Safeguard Properties Inc.

The Department of Housing and Urban Development (HUD) recently issued HUD Mortgagee Letter 2007-03 (ML 2007-03).?The Mortgagee Letter provided a revision to the Preservation and Protection Requirements and Cost Reimbursements for properties that serve as collateral for mortgages insured by the Federal Housing Administration (FHA). These requirements entitled, “General Requirements for Preservation and Protection of Properties Securing FHA Insured Mortgages”. This guidance supersedes the policy requirements of ML 2002-10, ML 2003-05, ML 2004-07, and ML 2005-22, and parts of ML 2002-19. The revisions went into effect on April 30, 2007.

The issuance of ML 2007-03 was a culmination of a cross industry collaborative effort between HUD, Loan Servicer’s and Field Service organizations. Building on the momentum created during the National Property and Preservation Conference in November 2006, HUD was extremely proactive in reaching out to the industry to discuss “best practices”. The Conference Theme “Its About Time” provided the initial forum and framework for the Industry to discuss these best practices with a focus on creating an environment of efficiency and collaboration.

Many of the guideline revisions were as a result of a number of industry conference calls, issues raised at Industry conferences, and working groups formed to address guidelines that were in place. Within HUD ML 2007-03 , there are several changes that affect the way that the Industry is now expected to preserve and protect FHA properties. Highlights include:

  • An overall increase in cost reimbursements for many P&P services and standard pricing for securing, boarding, and inspections;
  • A definition of five different types of inspections;
  • Triggering events that necessitate an inspection have expanded to include property conditions that may signal a non-monetary default;
  • An increase in the maximum allowable securing fee to allow for the re-securing of a property without prior approval and a differentiation of the securing timeframes for pre and post-sale properties;
  • Clarification of the distinction between temporary and permanent roof repairs, clear guidance when each is appropriate and an increased emergency roof allowable;
  • Simplification of the winterization requirements
  • Clarification of securing timing requirements for pre (15 days) and post-foreclosure (5 days) sale properties;
  • Clarification of conditions under which HUD will accept conveyance of a property with mold;
  • A new requirement for the use of digital photographs and a new flat-fee reimbursement;
  • Revisions of the requirements surrounding initial grass cuts and an update allowing a Mortgagee to submit one bid per growing season for recurring lawn maintenance on an oversized lot rather than submitting new over-allowable requests each time the yard is mowed;
  • Specific language that excludes normal household cleaning products from the definition of hazardous waste;
  • Removal of the requirement for installation of the Reduced Pressure Zone (RPZ) device, except in areas where it is a state or local requirement;
  • Instruction to immediatelyaddress damages upon discovery, such as flowing water and collapsed roof andapproval to submit an O/A request after the work has been completed;

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Inspections

The Property Inspection and Servicing Requirements within HUD ML 2007-03 provided a definition of five (5) inspection types. ?These include Occupancy Inspections, Initial Vacant Property Inspections, Vacant Property Inspections, Voluntary Pre – Conveyance Inspections, and Eviction Inspections.? The guidelines provide a succinct definition and requirement for each of these inspection types. The revised inspection guidelines also provided some additional requirements and clarifications.? In this regard:

  • All inspections are now photo required;
  • the Initial Vacant Property Inspection fee is now charged at the time of the initial secure;
  • Interior inspections on vacant properties are now required on all visits following the initial secure;
  • HUD now provides reimbursement for a total of 15 inspections within a calendar year;
  • All inspections must be completed within 35 days of the completion of the last inspection;
  • Reimbursement for Inspection Fees are now determined by the type of inspection (interior vs. exterior or gained access vs. did not gain access)
  • The previously identified Hot Zones have been updated to include 13 zip codes in Chicago and 5 zips in Los Angeles.
  • Properties deemed to be “Vacant but obviously being maintained” will no longer be secured

For years, the industry has lobbied for mandatory interior inspections to ensure early detection of issues that if not detected and mitigated, could lead to a material loss to the value of the property. Issues identified during these inspections often represent high risk matters that can, if not detected early, escalate and lead to a major loss to the property value. Common examples of issues identified during these interior inspections include new damage, worsening of previously reported damage, and the presence of a sump pump not properly maintained.? With the issuance of HUD ML 2007-03, Interior Inspections are now definitively required.

It has always been imperative that property condition be reported and documented with photos at the time of the initial secure.? The new Guidelines provided further clarification or requirements when an imminent source of property damage or a health and safety hazard is identified during an inspection. The following examples were provided by HUD but were not meant to be all inclusive:?

  • Flowing water
  • Collapsed roof
  • Gas leak

In these (or similar) circumstances, the Mortgagee is required to take immediate action to remediate the damage or hazard following the receipt of emergency permission.? In instances where emergency permission cannot be obtained in advance, the mortgagee is instructed to submit and over allowable request immediately following the remediation action and must substantiate the emergency nature of repairs.

Winterizations

The Guideline revision clarified that wet/radiant heating systems are no longer required be up and running allowing for a material cost and time savings for the Industry.? Specific guidance was provided to define the requirements for each system type when performing winterizations.? New allowables were established for:

  • Replacement/installation of electric and gas water heaters.
  • Installation of an RPZ valve if required by local code
  • Repair/installation of heating equipment if required to properly winterize the system.

A number of guideline revisions were addressed as well.? These include

  • Mortgagees are no longer permitted to disconnect water meters
  • Winterization steps have been clarified by system type; and
  • Winterization season has been changed in several states

Debris and Hazard Waste Removal

HUD ML 2007-03 included a number of revisions and clarifications as to the requirements for the removal of debris and hazard waste. Interior debris removal is no longer permitted in Florida and Oregon.? Allowables were also established for large appliance removal, tire removal, and bug/pest infestation removal in order to improve efficiencies and eliminate bids. Importantly, debris removal allowables have changed. and a debris removal cost schedule by state has been provided.

HUD has also clarified the definition of hazard waste to eliminate “normal household” items. Specifically, the guidelines established that the following products, if found in quantities consistent with normal household use, are not considered hazardous waste for purposes of debris removal under this section.

  • Non-flammable materials including reasonable quantities of paper and fabrics (unless stored near flammable chemicals),
  • Common cleaning products and household chemicals such as insect repellent,
  • Up to five gallons of paint and paint products,
  • Lawn and garden products and fertilizers,
  • Pool chemicals.

Bids to remove these items are not necessary but it is still required to report the presence of these items on updates submitted.

The issuance of HUD Mortgagee Letter 2007-03 provided evidence that Industry collaboration and cooperation is working.