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Home Base

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

 www.americanhomeowners.org


November, 2009



In this issue of Home Base:

Homeowners Make Tax Reform Suggestions to President Obama

Government Website Helps Homeowners with Mortgage Problems

Senate to Vote on Home Buyers Tax Credit

Homeowners May Get $8.7 Billion Relief in Mortgage Lawsuit

Creating a New Consumer Financial Protection Agency

U.S. Running Out of Mobile Bandwidth


Homeowners Make Tax Reform Suggestions to President Obama

Extend the First Time Buyers Tax Credit and Create a Teleworking Tax Credit.

In response to a public invitation from the Tax Subcommittee of the President's Economic Recovery Advisory Board, the American Homeowners Grassroots Alliance (AHGA) on October 15 made the recommendations appearing below. The Board reports regularly to President Obama and his economic team on the current economic crisis and possible responses to it. It is chaired by former Federal Reserve Board Chairman Paul Volker. Members include Martin Feldstein, former chief economic advisor to President Ronald Reagan; William H. Donaldson, former Securities and Exchange Commission chairman;  Laura D'Andrea Tyson, former Chair of the US President's Council of Economic Advisers during the Clinton Administration; distinguished educators and the CEO’s of several major U.S. corporations.

AHGA has recommended an extension of the first time home buyers tax credit in some form, and an innovative new teleworking/telemedicine/online learning tax credit. Both would be paid for by individual income tax increases on individuals or couples earning more than $250,000 per year. Hopefully our recommendation regarding the home buyers tax credit contributed to the Administration’s subsequent October 29 endorsement of pending Senate legislation extending the credit (see the third story in this issue).

Here is the text of our recommendations to the President's Economic Recovery Advisory Board:

The American Homeowners Grassroots Alliance (AHGA) is a nonpartisan consumer advocacy organization serving the approximately 70 million American Homeowners. AHGA focuses on economic issues that have a significant impact on homeowners and home ownership. Tax reform clearly meets those criteria.

As our economy begins to recover, the stimulus programs that were necessary to prevent an economic disaster can be withdrawn. That will significantly reduce the growth of the federal budget deficit. As we look towards that day it is also important that we do not initiate new policy actions that would continue to add to the deficit. Such steps would be inflationary and limit the ability of the economy to recover. A healthy economic recovery is essential if we want to begin reducing the federal deficit.

These factors and the weak condition of the current economy should be a major consideration in evaluating tax reform options. They argue for a balanced approach to tax reform, in which any new tax cuts are offset by tax increases of an equal amount. Accordingly, our recommendations focus on new tax cuts that we believe will most effectively contribute to economic recovery and tax increases of the same magnitude that will have the most minimal adverse impact on our short and long term recovery.

Recent temporary tax credits have had immediate and positive stimulative effects on our economy. The cash for clunkers tax credit resulted in a substantial increase in auto sales in the U.S. Those sales have enabled U.S. auto manufacturers and foreign-owned manufacturers with U.S. plants to avoid layoffs of many American workers and clear substantial unsold inventory. The cash for clunkers tax credit has also given embattled U.S. auto manufacturers breathing room to restructure their operations. It has enabled many consumers to purchaser more fuel efficient vehicles, which benefits the environment as well.

Though its impact is less visible, the first time home buyers tax credit, which expires on December 1, 2009, has had an even more important impact. The subprime mortgage crisis was the most significant causal factor in a recession that has required the federal government to commit close to $1 trillion in stimulus programs in order to avert the very high risk of a far more adverse economic outcome.

As a result of the first time home buyers tax credit an estimated 350,000 additional home buyers purchased a home this year, helping to slow the continuing growth in foreclosed homes and slow the continuing decline in home values. Without it, huge amounts of additional home equity would have evaporated and foreclosures would be substantially higher. Foreclosures are expected to continue to increase to an eventual 7 million, and we believe that such a large number of large nonperforming loans continues to pose a much greater threat to the financial services sector and the economy than most economists recognize. This tax credit has thereby helped avert a second mortgage meltdown. 

Like the cash for clunkers tax credit, the first time home buyers tax credit has also had an additional benefit for American home buyers and sellers. It has enabled 350,000 more home sellers to sell their homes than would have absent the credit. Some are home builders, and those new home sales create jobs. Many of them are existing homeowners and move up buyers who have in turn enabled more upstream sales. It has helped other sellers who needed to sell their homes to move to new jobs in other areas, or who had to sell their homes because of job losses or other circumstances.

Home equity is the single largest source of retirement savings for most homeowners. Home buyers who took advantage of the credit got a head start on that process, which will increase the likelihood that they will be able to afford a comfortable retirement, and reduce the likelihood that they may be in need of federal safety net programs in later years.

Because tax credits have proven to be effective tools for economic stimulus, and because the economy is still frail, we suggest that selected tax credits be the primary focus of the Tax Subcommittee’s recommendations.

Clearly, the most important tax credit the President's Economic Recovery Advisory Board should support is an extension of some form of the first time home buyers tax credit. Foreclosures continue to increase and home values continue to drop in many parts of the country. Subprime loan foreclosures are no longer the major cause. Today the majority of foreclosures are on prime loans held by formerly creditworthy and gainfully employed homeowners.

Why not just let home prices continue to keep dropping to whatever floor they would seek without the credit? Because home values would plummet even faster without the credit’s extension, and that would cause another huge spike in foreclosures as even more homeowners found themselves underwater. As a result, million more hardworking homeowners would face the evisceration of a lifetime’s worth of home equity savings due to job losses or other temporary income reductions. Lenders will choke even more on a growing portfolio of nonperforming loans, and we’ll be right back at the point where this recession began.  This credit should be extended, because if we don’t the economic costs will very likely be far greater and far reaching than its $16.7 billion cost.

The credit’s extension will at best hopefully stop further erosion in home values until such time as the predicted jobless economic recovery eventually restores jobs and normal economic housing demand for homes. When that happens we will have restored housing demand equilibrium, and home values will return to their historic long term modest appreciation that has enabled home equity to serve as the single largest source of retirement savings for most homeowners. At that point the credit will no longer be necessary.

The Tax Subcommittee should also look for other innovative and multitasking tax credits that will contribute both to short term economic stimulus, long term economic growth, and hopefully other worthy national objectives. The Administration has supported tax credits for improving home’s energy efficiency as well as over $7 billion in stimulus funding to expand high speed broadband availability. The former creates jobs and helps the environment. The latter also creates jobs, facilitates long term growth, will help reduce the growing digital divide, and will help the environment by enabling the expansion of teleworking. It also facilitates telehealth applications and online education, and offers a host of other benefits.

We propose a new tax credit that would create jobs by driving broadband demand, reduce pollution by expanding teleworking, and facilitate telehealth applications, online education, and a host of other broadband benefits. An example of a successful tax credit that it might be modeled after is the $2,000 hybrid vehicle tax credit, which has helped reduce auto pollution.

If we can provide a $2,000 tax credit to purchase a more fuel efficient vehicle, shouldn’t we also consider a similar $2,000 tax credit to encourage homeowners and other consumers to leave their cars in the driveway and telecommute or establish home-based technology oriented businesses? The credit would be used to purchase the hardware, software and/or necessary broadband connections, and would be available to individuals or businesses than paid for the necessary products or services. It would make sense to also extend it to those who require broadband for health-related or educational services. This would health make telehealth applications affordable for many of chronically ill and to college students who couldn’t afford college campus costs.

The question is how to pay for extending the home buyers tax credit and creating a new teleworking/telehealth/telelearning tax credit. We do not believe that it is advisable to raise taxes on couples earning less than $250,000 year or raise business taxes because of the frail economy. That leaves only those making more than $250,000 as a potential base for offsetting new taxes.

We believe that the benefits of the aforementioned tax credits substantially outweigh the downsides of increasing taxes on those earning more than $250,000. Marginal tax rates in the mid twentieth century were as high as 90%, which was an unfair and confiscatory tax rate. Since then, individual income tax rates have been reduced and deductions expanded very substantially.

Congressional Budget Office data shows that in 2005 the top 10% taxpayers had average incomes of $339,100 and paid an effective federal income tax of 16%. For the top 5% the average income was $520,200 and their effective federal income tax rate was 17.6%. For the top 1% the average income was $1,558,500 and their effective federal income tax rate was 19.4%.

This is not an onerous level of taxation for these levels of income and compares favorably to the effective rates paid by high income individuals in other developed countries.  A new higher individual income tax rate should also be considered for those with annual incomes of more than $1 million. In the interest of fairness, the maximum marginal rate should be kept under 50%, which would also assure that all but the very, very rich would continue to pay substantially less than half their income in federal taxes. The exact rate of the new and higher marginal individual rate should be governed by the revenues required to pay for the aforementioned tax credits.

In order to prevent a substantial risk of another economic meltdown we must extend the home buyers tax credit in some form. A new teleworking/telehealth/telelearning tax credit offers multiple broad based benefits to a large segment of the population. Paying for these tax credits by increasing the marginal individual income tax rates on individuals earning more than $250,000 per year has relatively few downsides, and the benefits of these two tax credits clearly far outweigh them.

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Government Website Helps Homeowners with Mortgage Problems

The website includes helpful tools to help threatened homeowners.

The government’s consumer website, www.MakingHomeAffordable.gov provides detailed information about many programs available to help homeowners at risk of foreclosure. Its goal is to stabilize our housing market and help the 7 to 9 million at risk Americans homeowners reduce their monthly mortgage payments to more affordable levels. The Home Affordable Refinance Program gives the 4 to 5 million homeowners with loans owned or guaranteed by Fannie Mae or Freddie Mac an opportunity to refinance into more affordable monthly payments, and commits $75 billion to keep up to 3 to 4 million Americans in their homes by preventing avoidable foreclosures.

The website provides self-assessment tools and calculators to empower borrowers with the resources they need to determine whether they might be eligible for a modification or a refinance under the Administration's program. Unemployment benefits can be taken into account in determining eligibility for loan modification refinancing. The benefit period for several types of unemployment benefits has been extended recently, up to 9 months in some cases. The U.S. Department of Labor has also developed a new Unemployment Benefit Estimation Tool that allows mortgage companies and housing counselors to project a homeowner's unemployment insurance income for loan modification purposes that is also available on the website.

New loan modification programs created through the American Recovery and Reinvestment Act of 2009 — such as the Making Home Affordable Program — allow mortgage companies to utilize nine months of a homeowner's unemployment insurance income as part of determining his or her qualifications for a loan modification. Recent extensions of unemployment benefits have made this possible, and the tool unveiled today will make it easier to calculate benefits over several months. Prior to this new program, unemployment made it nearly impossible to qualify for a home loan modification.

In addition, borrowers can also connect with free counseling resources to help with outstanding questions; locate homeowner events in their communities; find a handy checklist of key documents and materials to have ready when making that important call to their servicer, as well as FAQs from borrowers in similar circumstances; and much more through this website. There are also a number of handy lists of tips, such as these suggestions for avoiding foreclosure rescue scams:

There is never a fee to get assistance or information about Making Home Affordable from your lender or a HUD-approved housing counselor.

● Beware of any person or organization that asks you to pay a fee in exchange for housing counseling services or modification of a delinquent loan. Do not pay – walk away!

● Beware of anyone who says they can “save” your home if you sign or transfer over the deed to your house. Do not sign over the deed to your property to any organization or individual unless you are working directly with your mortgage company to forgive your debt.

● Never submit your mortgage payments to anyone other than your mortgage company without their approval.

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Senate to Vote on Home Buyers Tax Credit

The remaining challenges don’t involve the credit.

A bipartisan group of U.S. Senators have reached a consensus on the provisions of the first time home buyers tax credit extension. It will be part of a larger bill with unemployment benefit provisions. There are still differences between Republicans and Democrats regarding potential amendments to the latter, and this could slow the process. Senate Majority Leader Harry Reid currently plans a procedural vote on the legislation on November 2. If things go forward without glitches, the Senate could pass the entire package by the end of the first week of November.

The most recent draft of the Senate’s “Worker, Homeownership, and Business Assistance Act of 2009” will extend the first time buyers tax credit without interruption to apply to home purchases that go under contract by April 30 and close by June 30. Taxpayers will be able to claim the 10% credit (subject to an $8,000 cap for first time buyers and a $6,500 cap for replacement home buyers) for purchases in 2010 on their 2009 tax returns, which means they won’t have to wait long for the money.

The 10% credit will also be expanded to include buyers of primary residences (but not vacation homes) who aren’t first time home buyers. They would be eligible for up to a $6,500 tax credit if they have owned a home for at least five consecutive years during the previous eight years prior to the purchase. Homes that cost less than $800,000 would be eligible for the credit. Income eligibility limits will also be raised for the credit. The credit will be limited to those with annual incomes of no more than $125,000 for singles and $250,000 for couples. This is a substantial increase over the current $75,000 single/$125,000/couples limit.

In recent hearings in the U.S. House of Representatives, Treasury Department officials reported that IRS had identified 167 criminal schemes and began nearly 107,000 revues regarding potential misuse of the credit. To address these concerns the Worker, Homeownership, and Business Assistance Act includes provisions to clarify eligibility and combat tax fraud surrounding the buyer’s tax credit. Buyers under age 18 aren’t eligible for the credit, and there are other clarifications of income and other restrictions. There are also exceptions to make the credit fairer to military personnel. If this bill passes home buyers should make sure they understand the fine print in the final language so they don’t get tripped up by new restrictions.

Prospects for passage were given a boost on October 29 when Treasury Secretary Tim Geithner and HUD Secretary Shaun Donovan specifically endorsed the package along with two other housing proposals. The latter are an extension of higher loan limits for home mortgages, and secure funding for the Housing Trust Fund. The one-year extension of the temporary higher loan limits for the Federal Housing Administration, Fannie Mae, and Freddie Mac financing supported by the Administration will also help bolster home values. The current loan limits will revert back to their prior lower levels on December 31 unless extended.

The new legislation will hopefully have a significant impact on the winter and early spring housing market. In addition to first time buyers, a $6,500 credit will be tempting to many homeowners who might be considering a move up home anyway, according to AHGA President Bruce Hahn. “Most American homeowners earn less than the income limits, so lots of them will be eligible for the credit. It can amount to a significant part of a home’s cost in areas where home prices are low. Some of them, such as south Florida and Nevada, have been hit hard by the housing recession so the extension and broadening of the credit should be especially helpful in those areas. However, because of the cap on the credit, it will likely have lesser impact in parts of the country where home prices are higher.”

The changes to the tax credit will also have to be approved by the House of Representatives, which could also change the provisions. Administration support enhances the chance of House passage, and the looming December 1 expiration date for the current credit also makes it likely that the House will move quickly and less likely that it will try to change the Senate language. We also know that President Obama will sign the bill. Anything can happen in politics, but the prospects for a seamless extension of the tax credit are now quite good.

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Homeowners May Get $8.7 Billion Relief in Mortgage Lawsuit

The lawsuit settlement may benefit 400,000 borrowers.

Countrywide Financial Corp., which Bank of America bought in June, recently reached a settlement with eleven state attorney generals that could eventually provide an average relief amounting to $21,750 to each affected homeowners. Also joining in the settlement were Arizona, Connecticut, Florida, Iowa, Michigan, North Carolina, Ohio, Texas and Washington.

The lawsuit related to deceptive mortgage practices in 11 states and could prevent many thousands of borrowers from losing their homes. Nine other states have joined the settlement. If the other 39 states were to participate, the settlement could provide $8.7 billion in relief to 400,000 homeowners whose loans were either originated through Countrywide or managed by Countrywide, according to the Illinois attorney general's office. Most of the mortgages subject to the lawsuit were either subprime loans or option adjustable-rate mortgages.

The relief program will begin December 1. Homeowners who financed through Countrywide prior to 2009 will be eligible if they were subject to the deceptive mortgage practices and their home states participate in the settlement. Existing foreclosure proceedings against any borrowers likely to qualify will be temporarily suspended.

Relief could be in a variety of forms. It includes modifying homeowner’s payments so they are 34 percent of their income or less through a combination of reducing principle and/or interest rates. No loan modification fees will be charged and any prepayment penalties will be waived as part of the agreement. In some cases, homeowners may receive financial assistance to move. More about eligibility, and how to participate, is available at the Bank of America website or by calling 800-669-6607.

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Creating a New Consumer Financial Protection Agency

More legislation is in the pipeline.

The House Financial Services Committee last week voted 39 to 29 to create a Consumer Financial Protection Agency. The new agency would have wide powers to regulate many consumer financial products and practices. They include mortgages, credit cards, and overdraft fees offered by many types of firms including banks, finance companies, or others. The creation of the agency is a key part of the White House's efforts to reform the financial services sector.

It transfers some powers of other agencies to this new agency, which could outlaw products and business practices that it determined were "unfair, deceptive or abusive." The legislation would grant new powers to State attorneys general would receive new powers to help them enforce the law. They would also be able to write tougher rules for companies within their states.

Compromises were made to get the bill through committee. Auto loans were dropped from coverage. They made it harder to investigate smaller financial institutions who most believed had little to do with some of the unsavory practices that caused the recession. All banks would have to follow the new agency’s rules, however. It could investigate any consumer complaint against any bank, and also impose fines or penalties against any company. President Obama praised the legislation, noting that "The Consumer Financial Protection Agency will prevent predatory lending practices and other abuses and will ensure that consumers get clear information they can understand about financial products like credit cards and mortgages."

The legislation now heads to the House Energy and Commerce Committee. There Chairman Henry Waxman will introduce an amendment that would change the new agency’s governance. It would replace a single director to manage the agency with a five-member bipartisan commission. Commission members would be appointed by the president and confirmed by the Senate. Both Congressman Frank and President Obama prefer a single director, fearing that a commission structure would slow and weaken the new agency’s effectiveness. The difference between the two bills will have to be worked out before the bill can be brought to the House floor.

Senate Banking Committee Chairman Christopher J. Dodd (D-CT) has praised the House bill. He is also planning his committee’s efforts regarding the proposed new agency in the coming weeks, but his legislation may include some different approaches. In addition, financial service firms have good connections in the Senate. In part because of Senate rules, passing a Consumer Financial Protection Agency bill in the Senate will likely be far more difficult.

The battle will grow more intense in both the Senate and the House as the legislation moves forward. It pits consumer groups and most democrats against banking and business groups and many Republicans. Many Republicans and lenders argue that the bill will force them to charge more for loans and credit. With some payday lenders now charging 300% interest and some credit card companies charging more than 40% interest, it is difficult to understand how they could charge much more. AHGA urges its members to contact both of their Senators and their Representative and urge them to support a strong Consumer Financial Protection Agency. You can look up the names and contact points for all three at www.AmericanHomeowners.org. The Congressional lookup tool is in the upper left.

More financial services regulatory measures will likely follow the efforts to create a Consumer Financial Protection Agency. The House Financial Services Committee continued its efforts with an October 29 hearing titled “Systemic Regulation, Prudential Matters, Resolution Authority and Securitization”. The Committee will receive input on draft legislation to address the issue of systemic risk and “too big to fail” financial institutions. The draft bill will:

● Create a mechanism for monitoring and reducing the threats that systemically risky firms pose to the financial system.

● Establish a process for winding down large, financially-troubled non-bank financial institutions in a way that protects American taxpayers and minimizes the impact on the financial system.

● Overhaul and update our financial regulatory system.

Specifically, the draft legislation:

Creates the Financial Services Oversight Council to monitor systemic risks.

● The Council will identify financial companies and financial activities that pose a threat to financial stability, and will subject those companies and activities to heightened prudential oversight, standards and regulation. 

● The Council will also subject systemically important financial market utilities and payment, clearing and settlement activities to heightened oversight, standards and regulation. 

It provides for the orderly wind-down of failing firms and ends “too big to fail” to ensure that industry and shareholders absorb the risks and costs of failure, not taxpayers. AHGA views this legislation as a needed compliment to the creation of a Consumer Financial Protection Agency.

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U.S. Running Out of Mobile Bandwidth

Getting more bandwidth will be a major struggle.

Expanding broadband availability is a priority for AHGA and many other consumer organizations, and a key part of President Barack Obama’s technology agenda. The Federal Commission is developing a National Broadband Plan to make that happen, which will be presented to Congress in February. One of the biggest challenges will be finding new spectrum for mobile broadband.

Demand for mobile broadband is growing exponentially among homeowners and other consumers. For example, the iPhone has caused AT&T’s data use to go up 5,000 percent and demand for all smartphones is growing rapidly. Although there additional unused spectrum appropriate for mobile broadband, much of it is either owned or controlled by others. Those “others” are showing no inclination to allow its use for that purpose.

The magnitude of the challenge is already apparent. The lobbying group that represents wireless carriers estimates that the industry will need 800 megahertz (MHz) or more of radio waves over the next decade to keep up with consumer demand. Clearing unused radio waves so they can be repurposed for wireless use is complex and time consuming, and may take as long as 6 to 13 years. Presently the FCC has plans to clear only 50 MHz. To understand the implications in layman’s terms, think back to the days when the only Internet access was by dialup.

According to Blair Levin, who is heading up the FCC’s efforts to develop the National Broadband Plan, “There’s nothing that will cause prices to go up and quality to suffer more than the lack of spectrum… It’s difficult to get policymakers to focus on a problem that doesn’t exist yet, but I feel confident that if we want to be a leader in mobile broadband, we have to face the difficult decisions of how to get more spectrum.”

One source for new spectrum is government agencies that may have been allocated more spectrum than they need. They are likely to fight to keep their holdings. The Department of Defense claims it will need more spectrum for many of its needs. Here, the challenge will be to strike the right balance between allowing federal agencies to keep spectrum they truly need, while allowing the excess to be put to this important public use.

Another possible source is television broadcasters, who also own substantial amounts of unused spectrum. They own their spectrum holdings, so the challenge will be to find a way to fairly compensate them for any holdings they would be willing to give up. Mr. Levin urged them to consider returning unneeded spectrum to the government in exchange for a substantial share of the billions of dollars that would result from auctioning it to the wireless industry. The broadcasters expressed little current interest, perhaps and/or because they believe they can get more for it if they hold it longer. Hopefully the recent discussions will lead to a mutually acceptable solution.

The future bottleneck has attracted some attention, but not nearly enough. Senator John Kerry (D-MA), chairman of the Senate Commerce, Science and Transportation subcommittee, has sponsored legislation requiring an inventory of all government spectrum holdings. This will facilitate efforts to assure that government airwaves are being used efficiently and that projected needs are realistic. Congressman Rick Boucher (D-Va.), chairman of the House Energy and Commerce Subcommittee on Communications, Technology and the Internet, has also supported the importance of identifying spectrum inventory.

Consumer organizations and business groups believe this issue needs to move to the front burner. The Consumer Electronics Association has developed a cost-benefit analysis that shows considerable benefits in reallocating the 300 Mhz of TV broadcast spectrum to wireless broadband. The American Homeowners Grassroots Alliance believes that it is time to get this show on the road. “We know there are legitimate government needs for some of the remaining unused spectrum, and reasonable broadcaster justifications to retain some of it as well,” said AHGA President Bruce Hahn. “We need to get started by doing an inventory of government agencies spectrum resources, and continuing the dialogue with broadcasters to find a mix of incentives that will justify their contribution to the amount of spectrum required to support mobile broadband in the future.”

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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. The House and Senate are in recess until September 8. 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? Any member may propose a position on a policy issue, so please check the American Homeowners Grassroots Alliance's 2009 Issue Guide to see whether it’s already on our list. 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 2009, American Homeowners Foundation and the American Homeowners Grassroots Alliance.