What should we do as homeowners?
MARS ACT
In December 2010 the Federal Trade Commission came up with what we believe is a fantastic bill. It is called the "MARS ACT" - Mortgage Assistance Relief Services. You may remember that this was soon after the "Great Recession" started. Some call it the "Subprime Mortgage Meltdown". Whatever you call it this was a time when millions of American Homeowners were facing foreclosure. New companies popped up to "assist" homeowners by promising them the world. Many of them had dubious intentions and took advantage of many homeowners. Having lived through it as a distressed homeowner I agree the MARS Act was needed.
This bill applies to anyone who offers homeowners assistance with their mortgage: attorneys, real estate investors, real estate agents, mortgage brokers, and more.
Here is a summary of the bill:
-no one can charge you a fee in advance for anything
-no one can advise you to cease communications with your bank
-no one can charge you a fee as they do certain parts of the service
- no one can make a guaranteed promise as to what they can do for you
-they must tell you that they are a for-profit company and that they will make money if they are able to provide the services promised
-they must not tell you to stop making payments to your bank and must advise you of what will happen if you continue to miss payments
-they can't tout special "insider" bank information to make you feel they have more experience than you do
- you are able to walk away from the deal if at any point you feel uncomfortable and want out
no one can practice deceptive practices knowing that you are a homeowner with no experience in this arena
-basically NO ONE can take advantage of you
In order to comply with the MARS ACT we want you to be aware that if exists and is is our intention to follow it to the letter. You will sign this form and receive a copy of it when we begin working together.
WHAT SHOULD WE DO AS HOMEOWNERS?
This handbook is a quick reference to help you decide what is best for your family. Please contact an attorney for legal advice, an accountant for tax advice, a mortgage broker for for loan information and ask a real estate broker questions about real estate information. However, read the last few pages of this handbook first.
Step1: What's best for my family?
You need to ask yourself right now, what do you want to do? Live in your home or move? What's best for your family? The following pages will talk about several areas of your financial and family needs. This is just a guideline which offers suggestions and way to help you. Each family has their own individual needs so we suggest that you use all resources available to you.
Continue to live in my home
family budget
loan modification
forbearance agreement
bankruptcy
refinance your mortgage
who can help me? WE CAN!
Move out of my home
family budget
subject to
short sale
deed-in-lieu
try to sell your home with a realtor
foreclosure by doing nothing and loosing your home
who can help me? WE CAN!
important resources that are free
What programs are available for me?
You'll need to complete an Income and Expense Worksheet (see the resources section for a link to this form). It would be very helpful and will save you time if this was completed before you talk to the loss mitigation at the bank. There are several programs available in which the banks loss mitigation person will discuss with you:
-Forbearance Agreement - short term
-Flex Modification - must qualify formerly HAMP
-Veteran's Administration Interest Rate Reduction Refinance Loan