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Home Base

A publication of
the American Homeowners Grassroots Alliance and the American Homeowners Foundation
  

 www.americanhomeowners.org


December
, 2010



In this issue of Home Base:

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 consume
rs. 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 a
ccording 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?


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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.


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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 documen
tation 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.


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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.

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Congress to Scrutinize Internet Privacy

Focus would address a growing concern of consumers.


Congressman Joe L. Barton (R -TX), the likely new Republican Chai
rman 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.


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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.

Copyright 2010, American Homeowners Foundation and the American Homeowners Grassroots Alliance.