Credit Rights and Housing Options Guide
Credit Rights and Housing Options Guide
Chapter
7
FACTA
• You can dispute billing errors on youth credit card account. Dates to
FCBA remember:
• 30 Days given to the creditor to acknowledge a dispute
• 60 Days the consumer has to file a dispute
• 90 Days the creditor has to research it
Creditor must send billing statements at least 14 days before the due date
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Lender Transitioning Options
FHA 1. Allows 120 days for the sale and sales amount is based on appraised values Foreclosure: A legal process in
Short Sale 2. If the sale doesn't happen a request for lieu cam be made which mortgaged property is
3. A deed-in-lieu can be requested without a short sale sold to pay the loan of the
Benefits: Up to $1000 in financial assistance defaulting borrower.
Eligibility: Owner occupied, must provide documentation on reduction of income or increase Foreclosure laws are based on
in living expenses, and acceptable sales price and days on the market
the statutes of each state
Consolidated Plan
A plan designed to help states and local
CASE CLOSED jurisdictions to assess their affordable
housing and community development
needs and market conditions, and to make
data-driven, location based investment
PRIVATE RIGHT OF ACTION decisions.
(120 DAYS)
Formula Grants Marketing Plan
Formula grant programs are
noncompetitive awards that A sample fillable form to
participating organizations that meet create an Affirmative Fair
certain minimum requirements are Housing Marketing Plan, or
Copyright©NSC/NACA entitled to receive. These grants are AFHMP, for Multifamily
administered by state and local Housing is available in the
administrations. Resources section.
HOME Investment Partnership
Program: HUD program that
Loan Type Definition provides grants to states and
Convetional Is a mortgage that is not guaranteed or insured by any government agency, including the localities for building, buying,
Loans Federal Housing Administration (FHA), U.S. Department of Agriculture (USDA) and the and/or rehabilitating affordable
Department of Veterans Affairs (VA). It is typically fixed in its terms and rate. Can be 30, 15, housing for rent or purchase or
or 10-year term Good for: 1) Have good credit, 2) Have funds for closing cost and down providing direct rental
payment (typically 20% or would require PMI) and 3) Meet lender-specific qualification assistance to low-income
Subprime A subprime loan is a loan offered to people who do not qualify for a conventional loan, people.
Loans either because of low income, a high loan-to-value ratio, or poor credit history. The
CDBG Community Development Block
subprime borrowers are charged a higher interest rate to comp ensate for the hi her risks.
Grant Program: HUD program that
Government- They are non-conventional loans, are exactly what they sound like: loans insured by the provides grants to states and localities
Insured government. A government-backed loan is a loan subsidized by the government, which to provide decent housing and a
Mortgage protects lenders against defaults on payments, thus making it a lot easier for lenders to suitable living environment and to
Loans offer potential borrowers lower interest rates. FHA, VA, USDA expand economic opportunities,
FHA An FHA loan is a mortgage issued by an FHA-approved lender and insured by the Federal principally for low- and moderate
Housing Administration (FHA). Designed for low-to-moderate income borrowers, FHA income persons.
loans require a lower minimum down payments and lower credit scores than man Section 8/ Housing Choice
conventional loans. Voucher Federal government program
A VA loan is a mortgage loan in the United States guaranteed by the United States to assist very low-income families, the
Department of Veterans Affairs (VA). The basic intention of the VA home loan program is to elderly and disable to afford decent,
VA
supply home financing to eligible veterans or surviving spouse to purchase properties with safe, and sanitary housing in the
no down payment. It requires certificate of eligibility
private market.
USDA loans are made by private lenders and guaranteed by the U.S. Department of
Agriculture (USDA). They are offered to home buyers in rural areas, homebuyer's income less
than 80% of AMI, need flexible credit guidelines, need zero down-payment loan, have
USDA reasonable credit 640, and loan term up to 38 years
• A fixed interest rate loan is a loan where the interest rate doesn't fluctuate during the fixed rate period
of the loan. A fixed rated mortgage is typically paid off in 30 years and the borrower can accurately
predict their future payments for 15 or 30 years, but on the 15 year-term the payment is higher because
Fixed you are paying the mortgage faster.
Rate Loans
• Variable rate loans are loans that have an interest rate that fluctuates over time as market interest rate change.
They generally have lower interest rates for a set period, after which the rate will change periodically in
corresponding financial index associated with the loan. The monthly payment will fluctuate accordingly.
Adjustable •The 7/1 ARM means that for seven years the borrower's interest rate will remain fixed. After the initial period of 7
Rate Loans ARMyears the rate can adjust once every year for the remaining of the loan. This might be attractive to borrowers over a
fixed-rate mortgage because they'll pay lower interest in the initial period
Interest Only • An interest-only loan is an adjustable-rate mortgage that allows the borrower to pay just the interest
Loans rate for the first few years from one month to 10 years. That's often a low "teaser" rate.
• After that, the loan will adjust at pre-determined intervals for the life of the loan. The interest rate can
increase or decrease on each adjustment, and there are caps on how high it can go.
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HELOC A HELOC gives you the ability to borrow up to certain amount over a 10-year period, you don't
borrow a fixed amount and pay it back over time, instead you have access to a pool of cash that
Property Maintenance and Repairs:
you can dip into as needed like a big credit card, is a revolving loan
Household System: Includes appliances,
• The repairs consist of multiple expenses to be paid over an extended period of time windows, insulation, electric, heating,
• You do not have funds available for significant closing costs. ventilation, HC...
Warranty Coverage: Offer protection for
To use effectively obtain quotes from contractors to determine how much the improvement will mechanical systems.
cost before applying, research products and lenders before making a final decision, don't use Life Used: A homeowner or inspector can
the credit for anything besides the project and cancel it once is paid off estimate when the system was
FHA 203k It is a loan through an FHA lender guaranteed by FHA which means lenders take less risk, it manufactured, installed or purchased Life
allows you to borrow money using one loan for both your home purchase and home
Loan improvement. This loan will be right for you if:
Expectancy: Can refer to online resources
to estimate life expectancy of household
• Your plan to purchase a home that needs major repairs
systems.
• You own a home and want to refinance to conduct major repairs. Upkeep Options: Proactive steps
• The home and repairs meet the 203k qualifications set forth by FHA. homeowners can take to prevent repairs
To use it effectively select an FHA-approved lender and ensure the property value after and increase the life of a system.
completion of the repairs supports the mortgage or refinance amount including repairs. Estimated Cost (New System):
A loan through the FHA's Streamlined 203k program permits homebuyers and homeowners to Homeowners can purchase refurbished
Streamline
Event finance up to $35,000 into their mortgage toAction
repair, improve, or upgrade their home. It may be appliances to save money or choose EE
203k Loan
1866 One
used in year after the
conjunction withend of the
an EEM forcivil warefficient
energy and the ban on slavery
improvements through 203
A Streamline 13 th
the program appliances with an Energy Starr Label.
amendment
is right for you if:Congress passed the Civil Rights Act of 1866, this bill declared that Repair Replacement Strategy: Fix and
The Civil replace systems, attend free workshops to
except for American
would like Indians "all minor
persons born in theconsultants,
US" were engineers
declared orUSarchitects.
Rights Act of • CitizensYou
of the
to carry out
Unitedproject
Statesmeet
withthe
rehab without
fullStreamline
and equal203rights for the security of•person
learn how to do it at hardware stores and
• Your proposed qualification set by FHA You intent local nonprofits, or find a reliable
1866 to and property,
use one or morewith the same
contractors right to use,
to complete purchase,
the repairs lease,
or can proveandyoutransfer
have the real estateto
experience contractor and pay to do it.
doproperty.
the work and can complete the project in six months. Target Replacement Date: Set a target
Title 1 loans are insured by FHA and may be used for alterations, repairs, and site improvements replacement date for household systems to
Title 1 Loan plan financially for the expense.
1896 onThe
single or multifamily
case stemmed fromhomes,ancan be used
1892 with in
incident 203k loans.
which Use Title
Homer 1 if: •refused
Plessy You areto
thesitowner,
in
you're [Link]: Is the website to learn about
Homer Plessy a carbuying underHe
for blacks. a land installment
challenged thiscontract, or you're of
was a violation thethe
person
14 th leasing
amendment the property
but the and
home safety improvement projects.
the lease extends at least 6 months beyond the date when the loan must be repaid)
Supreme Court decision upheld the constitutionality of racial segregation under Benefits of EE Improvements:
V. Ferguson the
Your want a fixed
"Separate butinterest
equal"rate.
doctrine leading to legal segregation until 1954. • Generate lower energy bills
1933 HOLC You need a loan
The HOLC was created up to $25,000 for improving
by Congress a single-family
with the mission tohome, or $12,000
refinance per unit
mortgages in not to • Entitles to federal tax credits
exceed during
default $60,000the for Great
multi-unit, or improving
Depression to or building
help borrowersa non-residential
avoid structure
foreclosure UsetoTitle 1
and
Homeowners if: You select a lender approved to make Title 1 loans and use caution in choosing and
• Qualify homeowners for EEM
' Loan create "residential security maps" (Redlining) of areas risky for lending, and 239 • [Link]: Is the website to learn
supervising home repairs dealers or contractors, specially if the loan is made through a
affluent
dealer. cities safe for investment were outlined blue. The discriminatory Deed more about EE improvements
Corporation & Restrictions that govern the use of a real estate and local zoning ordinances
Redlining based on neighborhoods, also contribute to the large segregated patterns • [Link]: ENERGY STAR website:
1948
Energy EEMTheAssist
US Supreme
individuals Court held that
to purchase and 14 th Amendment's
theenergy efficient home Equal Protection
or refinance a homebanned
to make Steps for Emergency Preparedness:
Efficient
Shelly v. Discriminatory
Energy Deed Restriction
Efficient improvements. covenants
The energy that
package is prohibited
financed intoblack
the people
EEM butfrom
the loan is
underwritten
owning or as if the energy
occupying realpackage;
property theand
borrower doesclauses
restricted not needintoproperty
qualify for the additional
deeds that • Prepare specifically for emergencies that
Mortgagee
Kraemer financing
included or discriminatory
have a higher down payment.
language EEM void
became can beand insured through FHA or VA. The EEM
unenforceable. are likely to happen in your region.
may be right forthyou if:
1954 On May 17 , 1954, US Supreme Court delivered the unanimous ruling that
• overturned
You need a loan
the larger than you
"Separate butqualify
Equal"forand
to make EE improvements
segregation in public to your home
schools was a • Select an interior room with no or few
Brown v. windows as the safe room
• violation
You desireoftothe
buy14 th
amendment
a better and moreand unconstitutional.
energy efficient home The government could no
Board of
• longer
You, thesupport
home and segregated programs
the improvements andthe
meet contributed toset
qualifications thebycivil
FHAright movement.
or VA.
Education To use it effectively you must select an approved FHA lender familiar with EEM, determine the
1962 President
cost of the EE John F Kennedy
improvement andsigned the Executive
the savings with a homeOrder 1 1063rating
with energy , to prohibit
system (HERS) or an
Executive discrimination
energy consultant. in the sale,
Complete theleasing, rental,after
improvements or other disposition of properties, and
closing
facilities but only if owned, operated or funded by_ federal government.
Order
Cash-Out Refinancing a mortgage is replacing it with a new mortgage with better terms such as lower • Plan a safe escape route from your home; If
11063
Refinancing interest rates. Cash out Refinancing can leverage the borrower's home equity to provide the in multiple-story home, store ladders in an
The Civil Rights cash
Thefunding for home
Civil Right Actsimprovements, you replace
of 1964 prohibits the original
discrimination mortgage
based with color,
on race, a new mortgage
or easily accessible place.
with a higherorigin
national amountin and receiveand
programs the difference
activities to
thatinvest, savefederal
receive or use for large purchases or
funding.
Act of 1964 home repairs. Refinancing is right for you if: • Identify responsibilities for all members.
April 4, 1968 • Dr.
YourKing wasmortgage
original assassinated during
interest ratesthe
are demonstrators
considerably higher against the housing
than current loan rates and will
Assassination of practices, after
lead to a large his assassination
reduction in monthly public
mortgagedemonstrations
payments. demanded the racial • Share critical contact information
Martin L King Jr • equality that [Link]
You are required pay had [Link] on the original loan and owe less than 80% of
for mortgage • Practice the plan and share the plan with
April 11, 1968 the home's value.
In response to Dr, King's assassination, Congress passed the Civil Rights household members.
The Civil Rights YouActwould prefer to
of 1968. switch
Title VIIIfrom an adjustable-rate
of the act known as loan to Fair
the a fixed-rate
HousingloanAct prohibited
Act of 1968 Establish a location to meet outside the
discrimination in housing sales, rentals and financing based on race, neighborhood, a place where your family can
color, national origin, and religion, and an obligation on federal agencies live temporarily.
o affirmatively further fair housing in the administration of their housing Copyright©NSC/NACA
and urban development
August 1, 1968 The Housing and Urban Development act of 1968 established Ginnie Mae. With
HUD Act of the goal to expand the availability of government-secure home loans to
1968 moderate income families.
1974 In 1974 the Fair Housing Act was amended to prohibit discrimination based on
Fair Housing Act sex, adding to the four protected characteristics established in 1968
1988 In 1988 the Fair Housing Act was amended to further expand the law to include
Fair Housing Act disability and familial status, making it a total of 7 protected characteristics
July 1, 2010 HUD announces a new guidance that provides lesbian, gay, bisexual, and
LGBT Housing transgender individuals and families with further assistance when facing housing
Discrimination discrimination and instructs HUD staff to inform individuals filing complaints
Complaints about state and local agencies that have LGBT- inclusive discrimination laws. Reasonable Modification
Reasonable Accommodation
It is prohibited to refuse to make
reasonable accommodations or changes
in rules, policies, practices, or services
necessary for a person with disabilities
to use and enjoy a dwelling
Selecting Insurance • Shop around to compare rates. With similar products, consider the least expensive.
• Ask insurance agents about discounts offered for homes with specific safety features or for other reasons.
• Insure your home rather than the land it is on because after a disaster, the land will still be there.
• Recognize that the cost of homeowner's insurance may be included in your monthly mortgage payment.
• Do your research up front rather than waiting until a disaster hits to find out if you have the right type of coverage.
Select insurance coverage that matches our lifestyle, the home's age/condition, and the home's geographic location.
Insurance discounts Buying package insurance or bundling insurance, installing deadbolts, purchasing smoke alarms, installing an interior
sprinkler system, increasing your credit score.
Structure coverage Reimburses policyholders for repairs needed for a building structure when it is damaged by certain perils. For example, if a
fallen branch damages the roof during a snowstorm
Loss of use overage Loss of use coverage provides funding for housing and food expenses of policyholders who temporarily cannot live in their
home when it is damaged or destroyed by certain perils
Content coverage Reimburses policyholders for personal property destroyed by certain perils. Depending on the policy, clothing, furniture,
household items, musical instruments, laptops, and other items can be reimbursed
Floater for valuables While homeowners' policies cover most personal property, certain valuable items such as expensive jewelry, artwork, or
silverware may have limited coverage and clients would need a Floater separate policy for heirlooms or expensive items
Cash value Actual cash value policies consider depreciation and reimburse you for what you would be able to sell the item for at the time
it was damaged or destroyed
Replacement cost Replacement cost policies, on the other hand, will pay you for the amount that it would cost to replace the item with a new
item of the same variety
Medical payment Reimburses policyholders for a certain portion of the medical bills incurred when someone becomes injured on a
policyholder's property and chooses not to sue. For this policy to apply, the individual injured cannot be a resident of the
insured home.
Personal liability Provides funding for a defense lawyer or legal judgment if a policyholder is sued for a negligent act that led to an injury of a
guest and if he/she choose to sue the homeowner for negligence
Add-Ons HOI does not cover damage from an earthquake, clients living in seismic area can purchase an earthquake insurance addon, it
Earthquake is not required by law and does not cover damage by flood and the cost is affected by A wood frame structure, an older
building not designed to withstand earthquakes, or a high-risk area for earthquakes
Add-Ons Flood Flood from outside the home is not covered by HOI. Clients may want to or may be required to add flood insurance to their
Insurance homeowner's insurance packages if they are in a high-risk zone designated by FEMA. To determine the risk, check the NFIP
(National Flood Insurance Program) website, If you are not at high risk zone you are not mandated by law to purchase. It
covers flood from outside the home only and the cost is affected by the location of the home.
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Regulatory Definition
Charges
CFPB Established by Congress as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act; it
became Law in July of 2010 it gets its name from the two House of Representatives who presented the
initial version in December of 2009 Chris Dodd & Barney Frank to address the failure of consumer
protection by:
• Protects consumers by carrying out federal consumer financial laws
• Supervises companies and restricts unfair, deceptive and abusive practices
• Takes consumers complaints
• Promotes financial education
• Monitors financial markets for new risks to consumers
Through Title XIV of the Act CFPB issued a host of rules making mortgage changes to: RESPA, TILA,
HOEPA
Making Home Created in 2009 by the Treasury Department and HUD to help avoid foreclosure
Affordable • Standardize the process for requesting mortgage workouts from servicers
MHA • Programs included modifications, refinancing, mortgage assistance for unemployed and financial
assistance to transition out of a home
• Expired in 2016 and payments were set to increase after five years
Hardest Hit Established by the US Department of Treasury in February 2010. To end in 2020
Fund • Provided $7.6 billion to DC and 18 states hardest hit by the foreclosure crisis to develop local
programs to help homeowners; on Feb 2016 increased to 9.6 billion
Administered by each state Housing Finance Agency HFA to help unemployed
Joint State Reached between Attorneys General of 49 states and five servicers—Ally (formerly GMAC), Bank of
America, Citi, JPMorgan Chase, and Wells Fargo—that were involved in deceptive lending and
National
foreclosure practices, like Robo-signing without verifying the application information. It provided 50
Mortgage
Freddie Mac refinance their home if
they were current on the mortgage
Settlement Billion to the signing states and the federal government to help distressed borrowers through many even if the home was underwater
state initiatives.
2012
The state agencies that govern foreclosures typically are: The borrower delinquent when or of monthly payment is
Delinquent
- House Finance Agency unpaid after the due date
- Department of Community Affairs
- Housing Department A conventional loan is in default when a payment
- Attorney General's Office Default has not been paid after 60 to 90 days. For FHA a loan is in
default after 30 days from the due date.
Servicemembers Civil Relief Act: To protect military Primary reason for default: 45% is due to Imminent Default: When default is
personnel in housing related issues.
loss or reduction of income reasonably foreseeable.
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HLP: Hope Loan Port: To facilitate transparency, accessibility, consistency of treatment, and a superior experience to consumers and their advocates in pursuit of
foreclosure alternatives and affordable loans in underserved markets:
Only Counseling Agencies 501(c)(3) Non-profits and HUD approved, or participating in the National Foreclosure Mitigation Counseling (NFMC) program can use it, it is not
open to the public.
• Counselors can start a new case, track an existing case, submit the cases, and receive messages from the servicer
Servicers must update the case status every 10 days when they are in control of the case.
RMA: Request for Mortgage Assistance form. This form was used with the Making Home Affordable program and continues to be use by many servicers or a similar version of
it for loan modifications or workout requests.
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