Opening Remarks. Alan Jaffa Safeguard Proper2es
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1
2 Opening Remarks Alan Jaffa Safeguard Proper2es
3 Keynote Speaker Introduc7on Ed Delgado The Five Star Ins2tute
4 Keynote Address Todd Buchholz Former White House Director of Economic Policy and CNBC Regular
5 Keynote Address: 2016: What s at Stake?
6 SESSION #1 State of the Industry: Reflec7ng on 2016 and Beyond Moderator: Ed Delgado, The Five Star Ins2tute
7 Panelists Alan Jaffa, Safeguard Proper7es Mark McArdle, U.S. Department of the Treasury Office of Financial Stability Meg Burns, The Collingwood Group Robert E. Kimble, Freddie Mac Single Family PorYolio Management Division William Collins, U.S. Department of Housing and Urban Development Caroline Reaves, Mortgage Contrac7ng Services Alanna McCargo, Housing Finance Policy Center at the Urban Ins7tute
8 Morning Break 10:15 10:30 BRONZE SPONSORS
9 SESSION #2 Investor Insider: An Engaging View from the Beltway Moderator: Kellie Chambers, Safeguard Proper2es
10 Panelists William Collins, U.S. Department of Housing and Urban Development Arthur Chin, U.S. Department of Housing and Urban Development Benjamin Go`heim, Freddie Mac Lance Kornicker, U.S. Department of Veteran s Affairs
11 ISN Performance FY-16 Conveyances 58,907 Extensions of Time to Convey 70,186 Requests for Over-Allowables - 305,351 Requests for HECM Over-Allowables - 79,738 Requests to Convey with Sur-chargeable Damage 2,461 Claim Reviews (Parts B, C, and D) 18,980 Administra7ve Remedies (Monetary Demand, Offsets & Reconveyances) 34,571
12 ISN Performance FY-16 Dollar Amount of Administra7ve Remedies $53,528, Dollar Re-conveyance Recovered $405,554, Current Reason for Re-conveyance (Jan. data): 30% 7tle issues 70% property issues
13 HUD on the Horizon New Re-conveyance Module P260 Pilot Program Pre-conveyance Inspec7ons New Claim Block Screen P260
14 Over 40,000 CWCOT claims have been completed since CWCOT Claims Completed 3,500 3,000 2,500 2,000 1,500 1, Jan Feb Mar Apr May Jun 2015 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May 2016 Jun Jul Aug
15 Since 2015, the ra7o of CWCOT claims to conveyance claims has been approximately 28% na7onwide. RaLo of CWCOT Claims to Conveyance Claims 45.0% 42.6% 40.0% 35.0% 30.0% 25.0% 19.3% 20.0% 15.0% 10.0% 5.0% 0.0% Jan-15 Feb-15 Mar-15 Apr-15 May-15 Jun-15 Jul-15 Aug-15 Sep-15 Oct-15 Nov-15 Dec-15 Jan-16 Feb-16 Mar-16 Apr-16 May-16 Jun-16 Jul-16 Aug-16
16 Roof Damage
17 FoundaLon SePlement
18 Landslide
19 Landslide
20 Frozen Busted Pipes
21 Insect InfestaLon (Hornets)
22 Boulder Slide
23 Single Family Post Insurance Single Family Claims Post Claim Audit
24 Single Family Claims PrioriLes Aged Suspended Claims Single Family Loan Sale Manual Claims Supplemental Claims
25 IniLaLves Suppor7ng Claim Document Submission Reconveyance Claims Automa7ng Supplemental Claim Submission
26 Post Claim Audit ML Audit Cycle HUD Conduc7ng FY17 Reviews
27 Freddie Mac Servicing Remedy Framework Process Overview Vendor Scape Claims/RPA Open Ques7ons Repor7ng need under PCC (property condi7on cer7fica7on) no7ces Repor7ng on bids open and pending with Freddie, approved, denied, etc. What to report/submit for addressing code viola7ons? Law Changes WA court ruling, NYS S8159, others Other poten7al policy changes in 2017
28 VA Discussion Points Natural Disasters and Property Preserva7on Winteriza7on Season Communica7on/Partnership
29 Natural Disasters & Property PreservaLon Are you prepared for the unknown? Understand your capacity and equipment readiness Capacity Do you have the ability to respond quickly and effec7vely? Do you have a disaster plan that includes part-7me staff (students, re7rees, firemen, etc.)? Can you deploy addi7onal crews on short no7ce? Perform post-disaster property inspec7ons and no7fy client of damages Equipment Is your equipment maintained and ready to go on a moment s no7ce? Do you have advance arrangements with rental companies for vehicles and equipment that s in high demand ater a disaster?
30 Natural Disasters & Property PreservaLon Are you prepared for the unknown? Understand your supply needs and technology Supplies Do you have ample supplies or dependable supply lines to keep you going when faced with high demand? Do you have a disaster plan (BCP plan) that includes part-7me staff (students, re7rees, firemen, etc.)? Technology Is your technology disaster ready? Data backups, alternate communica7on lines, Internet access
31 WinterizaLon Season Timing is of the Essence Mi7gates risk of damage to subject property and/or neighboring units Speed of execu7on is cri7cal when comple7ng winteriza7on work orders Know your market (local ordinances, fire suppression systems, unique challenges, common water supply lines, HOA requirements, etc.) Make client immediately aware of anything out of the ordinary Iden7fy damage to plumbing system early in process to assist bank/ servicer in selec7ng the best disposi7on strategy Communicate damages and document appropriately
32 CommunicaLon / Partnership Partner with real estate professionals, local jurisdic7ons, HOAs and trade organiza7ons to preserve proper7es and communi7es Know your local code officials and provide frequent updates on proper7es in need of work or where work is being completed Communicate delays to all vendor partners U7lize mobile app technology to improve speed of execu7on and proac7vely address preserva7on and maintenance issues
33 Lunch and Raffle (HARBORSIDE D-E) 12:00 1:00 SPONSORS
34 SESSION #3 What is the Industry s Responsibility to Address Community Blight? Moderator: Robert Klein, SecureView, LLC
35 Panelists Eric Chader, Advisor, U.S. Department of Housing and Urban Development Jacob Williamson, Fannie Mae Allison Boggess, Wells Fargo
36 What is the Industry s Responsibility to Address Community Blight? Cohesive approach Community responsibility Effect pre- and post-foreclosure proper7es have on neighborhoods Preserving values of vacant proper7es Innova7ve development and approaches From the boots on the ground At policy level
37 SESSION #4 Vendor Oversight: Achieving Compliance through Technology Moderator: Joe Iafigliola, Safeguard Proper2es
38 Panelists Stacey Baumann, ServiceLink Nickie Bigenho, Mortgage Contrac7ng Services, LLC Paul Magaha, Assurant Mortgage Services Jodi Gaines, Claims Recovery Financial Services (CRFS) Rick Moran, Safeguard Proper7es Oscar Posadas, Wells Fargo Chuck Sockol, Aspen Grove Solu7ons Bob Whelan, Property Pres Wizard
39 Compliance Topics
40 Finding and Onboarding Vendors Key Risks Poor or incomplete work produc7on Inability to complete work assignments Behavioral issues Lack of capital to perform large-scale repairs or meet net payments
41 Finding and Onboarding Vendors Controls Sourcing audits and controls Outlets for finding and valida7ng vendors Oversight and u7liza7on of outside sources (Manta, Freddie Mac, CFPB) Creden7aling (learning management systems, video technology, valida7on)
42 Work Order ExecuLon and Check-In Process Key Risks Understanding specific work order requirements Being at the correct property Having the right person (creden7aled, completed background check, licenses/permits) at the property
43 Work Order ExecuLon and Check-In Process Controls Technology to control work and bids Preven7ve controls for assigning work Mobile check-in, linkage to people and crews Geoloca7on valida7on Duplicate photo valida7on on mobile Live valida7on against work completed at property QC valida7on ater work order is checked in
44 Quality Control and Monitoring Key Risks Assigned work not completed in compliance with work order or client/investor requirements Work performance issues Lack of suppor7ng photo documenta7on
45 Quality Control and Monitoring Controls Control through analy7cs Quality control efforts in field Work inspec7ons
46 Proper Billing Key Risks Informa7on improperly entered into client/investor systems Billed amounts not compliant with contract or investor guidelines Insufficient suppor7ng documenta7on (photos, cost es7mates)
47 Proper Billing Controls Pricing matches contract Audit trails Proper documenta7on to support billing
48 A`ernoon Break 3:30 3:45 BRONZE SPONSORS
49 SESSION #5 Legal Lockdown: Unifying Solu7ons to New Legisla7on Moderator: Linda Erkkila, Safeguard Proper2es
50 Panelists Allison Boggess, Wells Fargo Steve Meyer, Safeguard Proper7es Sherilee Massier, MSI
51 WA Supreme Court - Jordan Key Facts Locks changed on primary door; no secondary door to secure (slider door only) Jordan could not enter home without calling to get lock box code Deed of trust allowed mortgage company to enter property prior to foreclosure Court ques7oned whether contractual right conflicted with state law: RCW A mortgage of any interest in real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law.
52 WA Supreme Court - Jordan Relevant Ques2ons for Court Whether the deed of trust provisions conflict with a Washington law that prohibits a lender from taking possession of a property prior to foreclosure Whether the mortgagee s preserva7on ac7ons cons7tuted taking possession
53 WA Supreme Court - Jordan Key Findings Contract contrary to legisla7ve enactment is illegal and unenforceable Mortgage is nothing more than a lien upon the property to secure payment of the mortgage debt, and in no sense a conveyance en7tling the mortgagees to possession of the property as an owner Mortgagor s default does not disrupt the mortgagor s right to possession of real property retains right of possession un7l foreclosure and sale of property Possession = a certain degree of physical control; changing locks is akin to exercising control, which is key element of possession Ac7on let mortgagor no method of entering her own property
54 WA Supreme Court - Jordan Similar State Laws Cited in Opinion Colo Rev Stat Ann Mortgages, trust deeds, or other instruments intended to secure the payment of an obliga7on affec7ng 7tle to or an interest in real property shall not be deemed a conveyance, regardless of its terms, so as to enable the owner of the obliga7on secured to recover possession of real property without foreclosure and sale, but the same shall be deemed a lien. Idaho Code Ann A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure sale.
55 WA Supreme Court - Jordan Similar State Laws Cited in Opinion (cont.) NV Rev Stat A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to take possession of the real property without a foreclosure and sale. Okla Stat Ann Tit. 42 Sec7on 10. Notwithstanding an agreement to the contrary, a lien or a contract for a lien transfers no 7tle to the property subject to the lien. Utah Code Ann 78B A mortgage of real property may not be considered a conveyance which would enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.
56 NY SB 8159 Inspect, Secure, Maintain NY Vacancy Required to Secure Property 3 consecu7ve vacancy determina7ons, conducted days apart, at different 7mes of the day Vacancy no7ce not responded to within 7 calendar days (requires plan to place vacancy s7cker on non-contact inspec7on proper7es) Absent emergent condi7on, 7meline results in property not secured for at least 50 days past first vacancy inspec7on determina7on Excep7on for emergent property condi7on that could reasonably damage, destroy or harm the property
57 NY SB 8159 Inspect, Secure, Maintain Vacancy Condi2ons No occupant present; Evidence of lack of occupancy (i.e., accumulated trash, newspapers, mail or debris; overgrown/dead vegeta7on; past due u7lity no7ces, disconnected u7li7es or u7li7es not in use; boarded, broken or missing windows; property unsecure; hazardous condi7ons) Property not maintained in accordance with maintenance criteria (see below) Court or government en7ty determined vacant Borrower sworn statement
58 NY SB 8159 Inspect, Secure, Maintain Property NOT Vacant if: Under construc7on and proceeding to comple7on Occupied on a seasonal basis but secure Damaged by natural disaster and owner intends to repair and occupy Subject to proba7on ac7on, 7tle ac7on or other ownership dispute
59 NY SB 8159 Inspect, Secure, Maintain Post-Securing Maintenance Standards 301 property kept clean, safe, secure and sanitary exterior keep clean, safe and sanitary sidewalks, stairs, walkways, driveway, parking spaces proper state of repair and not hazardous exterior free from weeds and excess plant growth structure and exterior free from rodents and infesta7on accessory structures, garages, fences and walls maintained in good repair and structurally sound repair any defacement or graffi7 to property
60 NY SB 8159 Inspect, Secure, Maintain Post-Securing Maintenance Standards (cont.) property maintained in good repair and sanitary and structurally sound proper7es must have approved address numbers, plainly legible and visible from street (must contrast with background, 4 high) the roof and flashing must be sound, 7ght and not admit rain exterior stairway, deck, porch and balcony and appurtenances maintained in good repair, structurally sound, proper anchorage able to hold imposed load handrails and guards firmly fastened, capable of suppor7ng normal load, and in good condi7on windows, skylights and doorframes in good repair and weather7ght
61 NY SB 8159 Inspect, Secure, Maintain Post-Securing Maintenance Standards (cont.) doors and door hardware in good condi7on, and locks securely 7ght basement hatchways maintained to prevent rodents, rain and surface drainage exterior or interior stairs having more than 4 risers shall have a handrail (not less than 30 or more than 42 high) and every open por7on of stair, balcony, landing, porch, deck, ramp or other walking surface that is more than 30 high must have guards exterior and interior of property free from accumula7on of garbage Note: most of the standards above currently require a bid
62 NY SB 8159 Inspect, Secure, Maintain Secondary Door Intent? Secure (lock change) where property contains two or more points of ingress or egress Uncertain if intent is to permit securing only if a secondary securable door is present Could be interpreted as same type of mandate as Washington/Jordan
63 State AcLons Blight Flight New Jersey Maintenance Codes Mul2ple Codes with Common Theme NJ ST 40: s Property Maintenance/Public Nuisance Codes NJ ST 46:10B 51 Creditor Responsibility NJ ST 2A:50 73 Expedited Foreclosure (for vacant and abandoned proper7es) Logis2cal Issues Imprac7cal approach for targe7ng party who can resolve issues Pre-sale preserva7on mandate escalates costs and li7ga7on risk NJ implemented an aggressive fine and li7ga7on strategy to force compliance
64 State AcLons Blight Flight Bal2more Receivership Law City iden7fies target vacant proper7es; files suit against owner If no response, or owner cannot repair property, city requests judge to assign property to receivership, and property is auc7oned off to capable buyer Taxes, liens, legal fees and mortgage paid off when possible VPR Monthly Inspec2on Requirements Ci7es like Los Angeles requiring monthly inspec7on reports as part of VPR process VPR inspec7ons have very specific script to answer Failure to answer/comply can result in fines of $250 per day
65 SESSION #6 Fannie Mae: 2016 Preserva7on Update Moderator: Jacob Williamson, Fannie Mae
66 Panelists Jason Chapman, Fannie Mae Jason Thiele, Fannie Mae
67 Charity Raffle on Day 2 Enter to win a $1,500 travel voucher. Purchase 3ckets at the charity raffle kiosk in the lobby. Raffle Lckets cost $20 each or three for $50 Drawing will take place during lunch.
68 Thursday Evening Event 6:30 PM 9:30 PM Join us tonight at the Hard Rock Cafe. HOST SPONSOR:
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