|
Avoiding Holiday Shopping Security Challenges
New
Congress to Face Stark Realities
Robosigning Controversy Threatens Home Values
Federal
Mortgage Insurance Helping
Congress
to Scrutinize Internet Privacy
Avoiding Holiday Shopping Security Challenges
Shopping online makes sense, but be careful!

The holiday shopping season has started off with a bang,
with both online and offline retailers posting significant
sales gains after Black Friday. Time will tell whether the
trend continues through the holiday season, or whether it is
just consumer reaction to unusually steep and early merchant
discounts. If the former, it could be a good sign that
economic recovery is strengthening.
Online shopping continues to grow its share of consumer
spending. According to a November, 2010 study by the
Internet Innovation Alliance, high-speed Internet can save
consumers nearly $8,000 a year in potential savings on
housing, food and clothing. Those savings are becoming
important to economically challenged homeowners and other
consumers. They are detailed at
“10
Ways Being Online Saves You Money.”
The substantial savings of both time and money also explains
why online shopping is a popular activity for Americans. A
recent Zogby International poll funded by the National Cyber
Security Alliance (NCSA) found that 69% of internet users
research potential purchases over the Internet, 68% make
purchases online, 62.4% make online payments, and 38% buy
goods from online auction sites.
Unfortunately Internet commerce is also posing security
challenges and many consumers have become more wary when
shopping online. Also according
to the Zogby International poll, 64% of U.S. online
consumers reported that they decided not to buy from one or
more specific websites because of security concerns. When
asked why they decided not to buy on a particular website,
60% said it was because they were unsure that the site was
secure, 51% did not want to provide the requested
information, and 49% felt the website was requiring more
information than necessary.
Mobile phone shopping is another growth area in Internet
commerce, with consumer online payments doubling to 8% from
2009. Product and service research by mobile phone also grew
substantially, to 16% in 2010, up from 9% in 2009. Consumers
are even more wary of using mobile phones for Internet
Commerce. A recent NCSA study funded by Norton and Symantec
determined that 87% of consumers believe that it is safer to
go online with their PCs than with their phones.
While online shopping can deliver great benefits to
consumers, caution is certainly in order. Nonprofit
organizations and government sources have developed numerous
guidelines for safer online shopping. With the growth in
online crime and scams, holiday shoppers should heed their
good advice during this holiday shopping season. Here are a
number of excellent recommendations from several sources:
NCSA offers these four tips for consumers to increase safety
and security while buying gifts online:
1. Keep a
Clean Machine.
Check to make sure
that all software, especially security, Web browsers and
operating systems, are up to date and set to update
automatically.
2.
Protect Your Personal Information.
When opening new
accounts, use long and strong passwords. Only provide the
minimal amount of information needed to complete a
transaction. When providing personal information for any
purchase or other reason, ensure that you know who is asking
for the information, and why the need it.
3.
Connect with Care: When
shopping, check to be sure a website is security enabled.
Look for web addresses with "https://" or "shttp://," which
means the site takes extra measures to help secure your
information during financial transactions. Be wary of
holiday shopping efforts to lure you. Cyber crooks will
adjust to the holiday season, trying to get you to click
through to deals that may appear too good to be true. They
may also try to trick you by sending emails that something
has gone wrong with an online purchase.
4. Be Web
Wise:
Research sellers
before a first
time purchase from a merchant (or auction seller) new to
you. Search to see how others have rated them, and check
their reviews. Do these things even if you are a return
customer, as reputations can change.
The Federal Trade Commission (FTC) offers these helpful
online shopping Holiday tips:
Know who you're dealing with.
Do some homework to make sure a company is legitimate before
doing business with it. Identify the company's name, its
physical address, including the country where it is based,
and an e-mail address or telephone number, so you can
contact the company with questions or problems. And consider
dealing only with vendors that clearly state their policies.
Is the company affiliated with industry groups, seal
programs or other self-regulatory programs you trust?
Know what you're buying.
Look for accurate, clear and easily
accessible information about the goods or services being
offered, and contact the company to clear up any questions
before you place an order.
Understand the terms, conditions and costs involved in the
sale.
Find out up front what you're getting for your money-and
what you're not. Get a full, itemized list of costs involved
in the sale, with a clear designation of the currency
involved, terms of delivery or performance, and terms,
conditions and methods of payment.
Look for information about restrictions, limitations or
conditions of the purchase; instructions for proper use of
products, including safety and health care warnings;
warranties and guarantees; cancellation, return, or refund
policies; and the availability of after-sale service.
Protect yourself when paying online.
Look for information posted online that describes the
company's security policies, and check whether the browser
is secure and encrypts your personal and financial
information during online transmission. That makes the
information less vulnerable to hackers.
Look out for your privacy.
All businesses require information about you to process an
order. Some use it to tell customers about products,
services or promotions, but others share or sell the
information to other vendors-a practice with which you may
not be comfortable.
Shop only from online vendors that respect your privacy.
Look for the vendor's privacy policy on the web site. The
policy statement should reveal what personal identifying
information is collected about you and how it will be used,
and give you the opportunity to refuse having your
information sold or shared with other vendors. It also
should tell you whether you can correct or delete
information the company already has about you.
Understand what recourse you have if you run into problems
with your purchase.
Do business only with companies that state their commitment
to customer satisfaction and their policy to resolve
consumer complaints or difficulties quickly and fairly,
without imposing excessive charges or inconvenience.
Get smart about e-commerce. Demand consumer-friendly
policies and procedures.
Look for information from businesses,
consumer representatives and governments about your rights
and responsibilities when you participate in international
electronic commerce. Take an active role in advancing an
electronic marketplace that promotes fair and effective
policies and procedures that protect businesses as well as
consumers.
|
A Checklist
Is the business you're buying from
"consumer-friendly" for international e-commerce?
Does Its Web Site
Clearly Disclose Information:
|
|
About
the Company:
● what kind of business it is and what it
sells?
● where it is located, including the
country?
● how you can contact the business?
About the Product or Service:
● what's being sold, with enough details
for you to know exactly what you're buying?
● the cost of the product or service, and
the currency used?
About the Sale:
● the costs, in addition to the price of
the product or service, if any, like costs
for shipping and handling, taxes and duties?
● any restrictions or limitations on the
sale?
● any warranties or guarantees?
● the availability of convenient and safe
payment options?
● an estimation of when you will receive
the order?
|
About
its Consumer Protections:
● the opportunity for you to print or
save a record of the transaction?
● safeguards for protecting your payment
information when it is transmitted online?
● policies on what personal identifying
information is being collected about you,
what the company does with it and whom it
shares it with?
● an opportunity for you to "opt out" of
having information about yourself collected?
● policies on sending unsolicited email,
including an option for you to decline these
offers?
● the return policy, including an
explanation of how you can return an item,
get a refund or credit or make an exchange?
● where you should call, write or email
with complaints or problems?
|
top
New
Congress to Face Stark Realities
Most voters are very disapp ointed with both parties,
and budget challenges will be daunting.
The November Congressional election will result in
new leadership in the House of Representatives, and
new priorities for Congress. Despite the substantial
gains by Republicans, public opinion of Congress and
of both parties remains low. By a 53% to 41% margin,
more voters had an unfavorable opinion than a
favorable opinion of
Republicans, according to an
Edison Research 2010 exit poll. In fact voter
opinions of the Democratic Party, while also
unfavorable, weren’t quite as bad (52% unfavorable
vs. 44% favorable). Neither party will gain much
advantage in the mind of the public over the next
two years unless it is able to address the nation’s
current challenges.
What are those challenges? Forty percent of those
polled identified reducing the deficit as the
highest priority for the next Congress. Nearly as
many (37%) said spending to create jobs should be
the highest priority. These goals are obviously in
conflict with each other to a great degree, as are
other top voter priorities. For example, 48% of
voters would like to repeal the recent health care
reform legislation, while 47% would like to either
maintain or expand it.
As in previous elections, the party in power paid
the price for great voter dissatisfaction with the
economy, and with the performance of the federal
government. President Obama’s public support has
dropped dramatically over the last two years. By a
55%-to-44% margin, voters expressed disapproval of
his job performance, and 38% indicated that their
vote expressed their opposition to the President. It
is interesting that President Obama’s current
disapproval rating is very similar to the
disapproval rating of both the Republican Party
(53%) and the Democratic Party (52%). The very
similar disapproval rating of the President and the
two parties suggests that an overall sour public
opinion of all incumbents was the main factor in the
high Congressional turnover in the last election.
The high public support for budget austerity
expressed by voters in the election was closely
followed by the November 10 bipartisan Federal
Deficit Commission’s proposed massive changes in
federal spending and the tax code. The Deficit
Commission has an equal number of respected
Republican and Democratic leaders who are committed
to balancing the federal budget. The plan would save
$3.8 trillion by 2020 and balance the federal budget
by 2040. The plan is being refined and will be
published in its final version in December. Like its
members, most economists also recognize that unless
we reign in the growing deficit, our nation will
continue to lose jobs, and the future of our
children and grandchildren will be bleak. Several
other bipartisan federal deficit reduction proposals
soon followed the Commission’s.
A recent Wall Street Journal/NBC News poll revealed
that many are skeptical of the details of the
Commission’s preliminary recommendations. For
example, 57% were uncomfortable with gradually
increasing the Social Security retirement age to 69
over the next 60 years, while 41% said they were
somewhat or very comfortable with the proposal.
Everybody will be able to find parts of the proposal
that they oppose, but most of us will find parts
that we can support. What’s critical is that voters,
as well as Democratic and Republican Congressional
leaders, support the bottom line. Anyone, be they a
politician or a voter, who doesn’t like specific
parts of the plan’s tax increases and/or budget cuts
should offer specific alternatives to minimize the
pain and/or make up for the difference. For example,
the American Homeowners Grassroots Alliance is
concerned about the
plan’s proposed $500,000 cap
on the mortgage interest tax deduction. Home equity
is the single largest form of savings for most
homeowners, and those savings may eventually spell
the difference between a reasonably comfortable
retirement and dependence on federal safety net
subsidies in some cases. For that reason the
incentive may eventually save the government more in
future subsidies than it loses through the tax
deduction.
AHGA believes that at minimum any mortgage interest
cap should be indexed to housing values in a manner
that wouldn’t reduce tax revenues. A flat $500,000
cap on the deduction would have little impact in
many rural areas where you can buy one of the
largest and nicest homes in the county for that
amount. In pricey cities like Washington DC that
will barely buy you a small starter home. A cost of
housing index could be applied that would lower the
cap in the areas when home prices are lowest and
raise it in the more expensive areas.
AHGA will look at how such a refinement might work
out. We believe that it should enable at least 95%
of homeowners to deduct all of their mortgage
interest, and that would also assure that most of
the remaining 5% would probably be able to deduct
most of their mortgage interest as well. That may
indeed be possible. If the refinement still leaves a
large share of middle class homeowners unable to
deduct all of their mortgage interest costs, then
AHGA will propose some alternative revenue sources
that would fund an increase in the mortgage interest
caps.
While we would like to keep all mortgage interest
fully deductible, every segment of society,
including homeowners, have to be willing to give a
little if we are to be able to balance the budget.
It may mean that the future owners of a $2 million,
6,000 square foot McMansion will only be able to
deduct part of their mortgage interest. This is
unfortunate, but perhaps it would help accelerate
the trend towards building smaller homes, which are
inherently more energy efficient.
Some of the plan’s other provisions concern
us
as well, but we’ll also suggest other
budget cuts and/or revenue sources to cover other
modifications we might ask the Deficit Commission
(or Congress in the future) to make. This debate
will test the mettle of consumers, business
interests and politicians. Many will speak out
against cuts in their favorite programs or tax
deductions, but will not offer alternative sources
for revenue to make up the difference. We all owe it
to the future of our country and future generations
not to take such a gutless approach. Voters should
certainly express their views on specific programs
and taxes to their legislators, but at the same time
they should insist that legislators support a plan
that balances the budget, and come up with
alternatives that are least painful to their
constituents and most consistent with their own
ideology to get there.
Democrats no longer control both houses of Congress.
Political leaders of both parties are on the line
for addressing the deficit and other daunting
challenges faced by our economy. What the
Republicans won last month was not a leg up on the
2012 elections. Instead they won shared ownership of
the potential credit or blame for Congress’s
contribution to the solution of those challenges
over the next two years. If House Republicans find a
way to work with Democrats and address the federal
budget deficit and other challenges, they will both
get well deserved credit for their contributions. If
they don’t, Republicans are very likely to find out
in 2012, as Congressional Democrats found out last
month, how soured voters react to a party in power
that can’t get the job done.
top
Robosigning Controversy Threatens Home Values
Lender’s administrative
failings are aggravating the problem.
Expanded efforts to determine
both the extent and the impact of foreclosure
documentation compliance by mortgage lenders and servicers are creating new challenges in the
residential real estate market. State laws impose
documentation requirements on lenders in order to
assure that information presented in foreclosure
proceedings is accurate. Their purpose is to protect
consumers against false or inaccurate claims. Judges
do not have the resources to review all the relevant
documents in a foreclosure case. To address the
problem states have passed laws requiring lenders to
thoroughly review the relevant documents and provide
judges certified statements that the information
they are providing has been reviewed and is
accurate.
The rapid growth in
foreclosures has overwhelmed mortgage lender staff
responsible for this document review. Faced with the
intense pressure to move forward on foreclosures,
some lenders have cut corners on that review
process. In some cases, one loan reviewer had signed
hundreds of certifications on the same day, each
attesting to the judge that they had thoroughly
reviewed what in many instances could be a hundred
or more pages of relevant background information for
just one loan. Inevitable mistakes have been made,
and many judges have concluded that in such cases
these “robosigners” could not possibly have spent
enough time on any of the cases to carry out their
legal review and certification responsibility.
As a result the judges have
begun asking pointed questions to make sure that all
the required reviews were completed as stated, even
if mistakes were not obvious. When the
certifications do not comply with all the review
requirements, many judges are making the lenders go
back and do the review as required by law. As a
result thousands of foreclosure proceedings have
been stopped in midstream. While lenders will
eventually comply with their certification
responsibilities and conclude the foreclosures in
most cases, the slowdown is causing problems in the
marketplace. The number of homes in the foreclosure
process is growing. Home buyers are increasingly
reluctant to buy homes that have already been
foreclosed from lenders for fear that they may find
out later that the lender hadn’t followed the
foreclosure requirements. Title insurers have also
expressed their reluctance to insure against losses
resulting from mortgage foreclosure process
compliance failings by lenders. In combination these
trends are creating problems in the marketplace, and
are probably hurting the resale value of all homes.
Federal and state policymakers
are getting involved as well. Fifty state attorney
generals are investigating the use of robosigners in
home foreclose proceedings. There is also a separate
industry probe by the Federal Housing
Administration, which is reviewing mortgage payment
processing procedures. More recently, the Department
of Justice began reviewing the banking industry's
foreclosure documentation procedures. The Justice
Department Trustee Program, which oversees
bankruptcies, has also begun a review of Chapter 13
bankruptcy filings by homeowners seeking to stop
foreclosure proceedings. In a Chapter 13 bankruptcy,
the homeowner seeks to stop the foreclosure and
proposes instead an alternative repayment plan that
would eliminate any shortfall with their remaining
mortgage debt within five years of the plan’s
approval. In Chapter 13 filings, mortgage servicers
must file a "proof of claim" documenting how much
they are owed and those documents can determine
whether or not lenders are inflating their claims or
penalty fees without justification and/or
documentation. Such practices resulted in a June,
2010 Federal Trade Commission $108 million
settlement from the former Countrywide Financial
Corp.
Among the possible outcomes of
these efforts is the overhaul of lender mortgage
modification and foreclosure procedures. States
could require lenders to create funds to compensate
homeowners who have been hurt by foreclosure
mistakes. There is pressure on federal and state
agencies as well as lenders to resolve the problems
in a timely manner. Because of the large number of
homes that may yet enter the foreclosure pipeline,
the longer the current problems are allowed to
fester the greater the potential damage to home
values. In part as a result of the slowdown in
foreclosures because of robosigning controversy,
there were 2.09 million homes in the foreclosure
process in October, according to mortgage-data
aggregator Lender Processing Services (LPS). LPS
also estimated that another 4.95 million homeowners
were behind on their payments, and many of them will
also end up in foreclosure. That number could easily
grow as well.
A
November Rasmussen Reports national survey revealed
that 30% of homeowners believe that the value of
their home is less than what they currently owe on
their mortgage.
If the problems coming out of the robosigning
controversy are not resolved, future mortgage loans
will also be considered much riskier by private
investors, who will expect higher interest rates to
compensate for the risk. Unless we continue the
current practice of federal government assumption of
most of the risks of default through Fannie Mae,
Freddie Mac or their successor’s, home mortgages
will become unaffordable for many, and home values
will continue to drop as a result.
top
Federal Mortgage Insurance Helping
While home values remain
challenged, this program is helping.
Federal Housing Administration’s Mutual Mortgage
Insurance Fund (MMIF) is helping to stabilize home
values and is making a profit. The mortgage
guarantee program grew by more than $1 billion, from
$3.6 billion in 2009 to $4.7 billion in 2010. As a
result of its performance the FHA will not require
taxpayer subsidies even if the housing market
worsens, according to independent actuarial studies
released on November 16.
This is good news for homeowners and rare good
news for the housing sector. “I am pleased by the
news in this annual report that the FHA has made
financial progress over the last year,” said House
Financial Services Committee Chairman Barney Frank
(D-MA). “This progress is the result of bipartisan
efforts
since 2008 to strengthen and
modernize the FHA and the Mutual Mortgage Insurance
Fund and of the Administration’s commitment to
taking actions necessary to maintain the FHA’s
financial health.”
Since July 2009, FHA implemented the most
sweeping reforms to its credit policies, risk
management, lender enforcement, and consumer
protections in its history. FHA hired its first
Chief Risk Officer and established a permanent risk
office to expand FHA’s capacity to assess financial
and operational risk, perform more sophisticated
data analysis, and respond to market developments.
FHA also increased enforcement of its lenders,
changed the approval process making lenders liable
for oversight of their mortgage brokers, and
strengthened FHA’s lender approval requirements.
Between September 2009 and June 2010, FHA insured
38% of all home mortgages and 9% of refinanced
mortgages. Tightened credit standards are reflected
by the fact that 57% of borrowers had FICO credit
scores of 680 or more. While the tightened standards
are obviously limiting the access by low- and
moderate-income borrowers today, a stronger MMIF in
the future will hopefully allow some relaxation of
the current standards.
In addition, FHA eliminated approval for loan
correspondents and increased net worth requirements
for lenders. FHA introduced a new premium structure
that is more in line with private mortgage insurers’
pricing, and is estimated to provide approximately
$300 million per month of additional capital to the
MMI Fund. Furthermore, FHA has changed its credit
score and down payment requirements to ensure that
FHA provides access to borrowers who have
historically performed well. Specifically, a minimum
down payment of 10 percent is now required of
borrowers with credit scores below 580 and
applicants with credit scores below 500 are no
longer eligible for FHA insurance.
Over this past year, FHA:
● Served more than
1.75 million households by insuring $319
billion in single-family mortgages. This
volume was second only to FY 2009.
●
Enabled 882,000
families to become homeowners for the first
time. This represents one-third of all
first-time buyers in the nation.
●
Helped more than
450,000 families avoid foreclosure through
loss mitigation actions.
●
Helped 556,000
families to refinance their mortgage at
lower interest rates, saving households an
average of more than $140 per month.
●
Provided access
to credit for close to 40 percent of
purchase mortgages including 60 percent of
all African-American and Hispanic
homebuyers.
top
Congress
to Scrutinize Internet Privacy
Focus would address a growing concern of consumers.
Congressman Joe L. Barton (R -TX), the likely new
Republican Chairman of the House Energy and Commerce
Committee, has indicated that Internet privacy legislation
will be a likely priority for Congress next year. Public
concern about the protection of personal data has been
growing, and this issue has now eclipsed concerns over
technology issues.
Driving the attention to the issue are major media
revelations regarding widespread practices of a few
companies. For example Google equipped its Google cars,
which drive through neighborhoods in the U.S. and abroad
snapping pictures of homes for the company’s Street View
maps, with equipment that has also been gathering e-mail and
passwords from residential WiFi networks. When confronted
about the practice by federal regulators, Google said that
the data collection was an “accident” and it would
discontinue it in the future. It would not however start
asking homeowners for advance permission before posting
their home’s photos on the Internet, despite some personally
embarrassing Street View pictures that have gone viral.
In the case of Facebook, a social-networking website with
500 million users that promises privacy and personal choice,
the company has been providing personal data to app-makers
and their allies in the advertising and data-gathering
trades. There are also a number of other cases where company
security protections were breeched, and large numbers of
consumer credit card numbers and other personal information
were obtained by hackers.
In addition to preventing these blatant privacy breeches,
there is also the question of achieving an appropriate
balance between the protection of private information and
improving the efficiency of Internet Commerce, which
benefits both consumers and businesses. “It would be great
if Internet vendors had perfect knowledge of every
consumer’s true needs, the discretion not to try to sell
them products or services they don’t want, and a system that
would provide consumers total, 100%, ironclad assurance that
no private data would ever be misused or accessed by
hackers” observed American Homeowners Grassroots Alliance
President Bruce Hahn.
Getting to that point is a worthy goal, and the outlook
for progress in Congress next year and at the regulatory
level is quite good. Unlike a number of other technology
issues, support for the protection of consumer privacy is
pretty much nonpartisan. Earlier this year outgoing House
Energy and Commerce Internet subcommittee Chairman Rick
Boucher (D-VA) and Rep. Cliff Stearns (R-FL) drafted a
privacy bill that allows certain types of data tracking but
requires consumer opt in before personal financial and
medical data can be shared. Stearns will likely become the
new subcommittee chairman. Although companies like Google
and others that have demonstrated cavalier attitudes towards
Internet privacy rights have close ties to the Obama
administration, the White House has also signaled support
for Internet privacy protections.
The White House’s Subcommittee on Privacy and Internet
Policy is drawing members from more than a dozen agencies to
consider privacy issues relating to electronic health
records, smart electricity grids and cloud computing.
Populated by representatives from more than a dozen
Departments, agencies, and the Executive Office of the
President, the subcommittee will develop principles and
strategic directions with the goal of fostering consensus in
legislative, regulatory, and international Internet policy
realms. AHGA hopes that the subcommittee will solicit
extensive input from both consumer groups and companies in
order to make sure that it understands all the perspectives
on privacy. Only then will it be enabled to develop a
balanced approach. “We are heartened by the prospect that
there is a good chance for progress on a technology issue of
great importance to consumers,” said AHGA’s Hahn. “In recent
years many issues have been mired in partisan deadlock, and
Congress has a real chance to make progress on this issue
and help improve the public perception of both political
parties.
top
|

Please take the time to contact your legislators and express your
views on pending policy issues covered in this
month’s Home Base. It's easy - you can reach your
legislators by email in a couple of mouse clicks,
and you can use the content in Home Base and
elsewhere on our website to help you develop your
message.
To look up the phone number, email, and/or postal address of your
U.S. Representative or your two U.S. Senators, (or
your state representative or state senator)
click here. You can also look up which
legislators represent your zip code if you don’t
recall their names.
A personal meeting is a particularly effective way
to get their attention and reinforce your message.
Many legislators are also happy to meet personally
with their constituents when they are back home on
weekends or when Congress is not in session. Please consider also requesting a follow up
face-to-face meeting in their home state or home
district offices near you when you contact their
Washington DC offices on policy issues.
Is there a policy issue that is particularly
important to you which significantly impacts
homeowners or home ownership? We are updating our
policy issues for 2011, and any member may propose
a position on a policy issue, so please check the
American Homeowners Grassroots Alliance's 2010 Issue
Guide.
If it isn't on the list, we invite you to send us an
email and tell us why you think the American
Homeowners Grassroots Alliance should take a
position and work on it.
|