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New Year Brings New Homeowner Bill of Rights Requirements

first_img The Week Ahead: Nearing the Forbearance Exit 2 days ago Previous: Then vs. Now: Housing Markets That Remain Below Price Peaks Next: In the Near Future, Buyers Could Use Bitcoins to Purchase a Home December 15, 2017 2,303 Views in Daily Dose, Featured, Government, Market Studies, News Riddled throughout California’s Homeowner Bill of Rights (HOBR) are the words “repealed” effective “January 1, 2018”. Unfortunately, many loan servicers assume that means the entire HOBR will be repealed and that all they have to worry about going forward is complying with the Consumer Financial Protection Bureau (CFPB) loss mitigation rules. Unfortunately, that is not the case.Many sections of HOBR are being replaced by new rules that automatically go into effect January 1, 2018. In many instances, the new provisions are less onerous than their predecessors. But, in some very key areas, the new provisions can cause servicers more problems. The key is to understand what provisions are being changed and how they impact your compliance procedures.For starters, “HOBR II” attempts to remove the distinction between servicers conducting more or less than 175 annual foreclosures. In most respects, all servicers are treated the same going forward.Civil code section 2923.55 will be history in 2018. Going forward, section 2923.5 sets forth the pre-NOD contact requirements for servicers of all sizes. The two statutes are substantially similar, except that the written notice regarding servicemembers and the statement that the borrower may request a copy of the note, deed of trust, assignment, or payment history will no longer be required starting in 2018.Since the provisions are substantially the same, we anticipate that violations of the pre-NOD contact requirements will continue to be a popular allegation in lawsuits and therefore, recommend documenting the pre-notice of default contact and/or due diligence steps with precise details in case you need it later as evidence. Further, please make sure your foreclosure trustees update their compliance declarations to reflect the code change.The provisions in section 2923.6 prohibiting dual tracking will be replaced by the (new) Section 2924.11, which prohibits recording a notice of sale or conducting a foreclosure sale upon receipt of a “complete application for a foreclosure prevention alternative.” Historically, servicers were only required to stay foreclosure proceedings upon receipt of a complete loan modification application. Beginning January 1, 2018, the dual tracking prohibition applies to all applications for all foreclosure prevention alternatives.Another change is that section 2924.11 does not require an appeal period following a written denial. Instead, the denial of a first lien loan modification application shall state with specificity the reasons for the denial and shall include a statement that the borrower may obtain additional documentation supporting the denial decision upon written request to the mortgage servicer. Oddly, the new section 2924.11 does not appear to prohibit recording a notice of default when there is a pending complete foreclosure prevention alternative. However, the CFPB rules do.The old section 2923.6(g) excused servicers from having to review multiple loan modification applications that did not involve a “material change in financial circumstances.” While that provision’s vagueness caused servicers many sleepless nights, at least it afforded some relief.  Unfortunately, that provision is gone at the end of the year and there is no replacement. Therefore, it is possible that servicers must review multiple applications, regardless of whether there is a material change in financial circumstances. That said, if a servicer finds itself in trouble with an issue with multiple applications, there may be an out, but one that requires further discussion.Section 2923.7 does not expire and remains the same as before, requiring a single point of contact, also known as a “SPOC,” to communicate the loss mitigation application process, coordinate documents, notify the borrower of any missing documents, and have access to current information to accurately inform borrower of the current status. Note that this section still only applies to servicers who conduct more than 175 qualifying annual foreclosures.Section 2924.10 will be expiring, which means servicers will no longer be required to provide a written acknowledgment within five business days of receiving loan modification documents. However, the CFPB rules still require an acknowledgment letter.With section 2924(a)(5) expiring, servicers or their foreclosure trustees will no longer have to provide written notice to a borrower when a sale is postponed more than 10 business days.Section 2924.12 still creates a private right of action for a borrower to enforce HOBR; but it will now only apply to material violation of “sections 2923.5, 2923.7, 2924.11, 2924.17.” Like its predecessor, the borrower is only entitled to injunctive relief prior to the Trustee’s Deed Upon Sale recording. But, after it records, the servicer is potentially liable for any actual economic damages resulting from a material violation of the covered sections and, if the court finds that a material violation was “intentional or reckless, or resulted from willful misconduct by a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent,” the greater of treble actual damages or $50,000. This section also still allows for attorney’s fees for a prevailing borrower.With section 2924.17 remaining in effect, all servicers, regardless of size, must still ensure that before recording or filing a declaration pursuant to section 2923.5, notice of default, notice of sale, assignment of deed of trust, substitution of trustee, or a declaration or affidavit in court relative to a foreclosure proceeding, that it has reviewed competent and reliable evidence to substantiate the borrower’s default and the right to foreclose, including the borrower’s loan status and loan information. However, some of the government enforcement provisions will expire at the end of 2017.Unfortunately, the challenges with handling “complete,” but last-minute, loan modification applications still exist.  The new HOBR sections still do not directly address what happens when a servicer receives a complete loan modification application minutes or hours before a foreclosure sale. In fact, the new HOBR actually complicates matters by extending the dual tracking restriction to all foreclosure prevention alternatives, not just loan modifications. That said, like before, servicers can take steps to address how to deal with these last-minute applications ahead of time; but, it will require a separate discussion.What do all of these changes mean from a litigation perspective? Unfortunately, we anticipate continued litigation over alleged violations of HOBR. In the short term, most lawsuits will implicate the pre-January 1, 2018 HOBR due to when the foreclosure documents were recorded and when the subject loan modification reviews took place. Down the road, litigation could actually increase if servicers do not get ahead of the year-end changes. Demand Propels Home Prices Upward 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Related Articles Data Provider Black Knight to Acquire Top of Mind 2 days ago Share Save Servicers Navigate the Post-Pandemic World 2 days ago Tagged with: CFPB hobr HOUSING mortgage The Best Markets For Residential Property Investors 2 days ago CFPB hobr HOUSING mortgage 2017-12-15 T. Robert Finlay  Print This Post Sign up for DS News Daily New Year Brings New Homeowner Bill of Rights Requirements Home / Daily Dose / New Year Brings New Homeowner Bill of Rights Requirements Demand Propels Home Prices Upward 2 days ago About Author: T. Robert Finlay Data Provider Black Knight to Acquire Top of Mind 2 days ago The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Subscribelast_img read more

Philippine volcano erupts twice in 24 hours

first_img Tweet Share CNN News Share 70 Views   no discussions Share News Philippine volcano erupts twice in 24 hours by: – February 21, 2011 Sharing is caring! A farmer prepares his farm for planting rice in San Juan village in Sorsogon province under the restive Mount Bulusan volcano seen in the background, 21 June 2006.(CNN) — Philippine seismologists issued an alert on Mount Bulusan Sunday after the Luzon Island volcano erupted twice during a 24-hour period, according to a bulletin released by the nation’s volcano-monitoring agency.However, the Philippine Institute of Volcanology and Seismology (PHILVOCS) said the eruptions posed little threat to the villages surrounding the Luzon Island volcano. Most of the villages lie outside the 4-kilometer (2 1/2-mile) danger zone, the bulletin stated.Philippine volcanologists, according to the agency, aren’t expecting Mount Bulusan to erupt again soon. The volcano is located about 249 kilometers (155 miles) southeast of Manila.The area immediately surrounding the Bulusan Volcano is mostly rural. There are several villages, but most are outside the danger zone, according to PHILVOCS. The most recent eruption, which took place before dawn local time on Sunday lasted about 20 minutes, according to the agency.In declaring an “Alert Level 1,” the agency warned nearby residents not to enter the 4-kilometer “permanent danger zone” because of possible steam and ash explosions. Area residents were also warned of the possibility of flooding if heavy rains push sediment-filled streams out of their banks.last_img read more

Virginia vs. Oregon: Picks, predictions for March Madness Sweet 16 matchup

first_imgThese Cavaliers have one of the top NBA prospects in college basketball, sophomore wing De’Andre Hunter, as well as a skilled veteran backcourt and a powerful, deep frontcourt. They are great at both offense and defense, not just the latter.SN’s MARCH MADNESS HQLive NCAA bracket | Live scoreboard | Full TV schedule​They even get the only remaining double-digit seed in the field, the Oregon Ducks, for their round of 16 matchup.It could not line up better for them. But this is still the NCAA tournament, and elimination is still only 40 minutes away for everyone involved.Oregon, No. 12 seedCoach: Dana Altman (30 years, nine at OregonOverall record: 25-12Scoring leader: Louis King (13.4 ppg)Rebounding leader (King 5.6 rpg)Assists leader: Payton Pritchard (4.6 apg)Famous non-athlete alum: Actor Ty BurrellVirginia, No. 1 seedCoach: Tony Bennett (13 years, 10 at Virginia)Overall record: 31-3Scoring leader: De’Andre Hunter (15.2 ppg)Rebounding leader: Braxton Key, (5.5 rpg)Assists leader: Ty Jerome (5.3 apg)Famous non-athlete alum: Actress Tina FeyBest individual matchupHunter vs. King. Hunter has blossomed into one of the most dynamic and versatile players in college basketball. King was an elite recruit who has developed into a highly productive freshman. King is two inches taller at 6-9, and he is deployed mostly in a matchup-zone type of defense. But it’s likely Hunter will be handed the assignment of containing King, who has scored in double figures in every March elimination game the Ducks have played. King is 15 of 30 from long distance in those games and went 32 minutes or more in the past five. Hunter has become a more featured part of UVA’s balanced offense as well, with five 20-point games over the past 12.MORE SWEET 16 PREVIEWSUNC-AUB | UK-UH | MSU-LSU | ZAGS-FSU | PURDUE-UT | UM-TT | DUKE-VTMost eye-popping statVirginia ranks 353rd in tempo among Division I teams, according to KenPom.com. That’s out of 353 teams. The Cavaliers average 71.6 points per game because they are highly efficient when in possession of the ball. They are the second-most efficient offense, behind Gonzaga, which by the way, ranks first among all teams in tempo. There are those who become impatient with Virginia’s overwhelming regular season success and lack of postseason excellence to accompany it.In fact, some of Virginia’s teams since its 2014 breakthrough have not been ideally constructed to succeed in the NCAA Tournament. This one is. Virginia wins if …The Cavaliers can find a workable solution for the Oregon zone, which has produced victories in 10 consecutive games and has held three straight opponents to 54 points or fewer. Virginia has the shooters and the patience to find its way through.Oregon wins if …The dynamism of King and 6-9 Kenny Wooten causes UVA more problems than anticipated. Virginia is a very capable offensive team but did have some problems against the electric athletes deployed by Duke. Are we comparing Oregon in anyway to Duke? Well, just one way. And no, King is not Zion Williamson or even RJ Barrett. But if you’re trying to concoct a scenario in which the Ducks might find a way to pull this out, the Ducks’ length and quickness would certainly be a prominent aspect of that.MORE: Why your team won’t make the Final FourSweet 16 pick: Virginialast_img read more

Red Sox ace Chris Sale avoids Tommy John surgery

first_img#RedSox Medical Update on Chris Sale: pic.twitter.com/E8pWMw5y8f— Red Sox (@RedSox) August 19, 2019Sale has had a rough season and has posted a 6-11 record and a career-high 4.40 ERA. He’s allowed 24 home runs in 147 1/3 innings, which is a far cry from his 2018 campaign. Even though he was hurt last season with a shoulder injury, he still had a 2.11 ERA and helped lead the Red Sox to the World Series. Related News Sale will be shut down from throwing for “a period” of time and will be re-evaluated in six weeks, which could end his season.  Chris Sale received some mixed news about his injured arm.The Red Sox pitcher likely won’t need Tommy John surgery after he visited Dr. James Andrews for a second opinion. But, he was diagnosed with inflammation in his left elbow and underwent a platelet-rich plasma injection, the team announced Monday.  MLB wrap: Zack Greinke gets 200th career win as Astros top A’s Yankees adopt Brett Gardner’s dugout antics for new celebration The injury comes months after Sale signed an extension that starts in 2020, which is for five years and worth $145 million. He will be paid a base salary of $15 million this season.Ryan Brasier was recalled to fill Sale’s spot on the 25-man roster. Braves’ Ronald Acuna reacts to being pulled from game for not hustlinglast_img read more

Football: Coutinho bid a waste of time, Klopp tells Barca

first_imgHong Kong, China | AFP | Liverpool manager Jurgen Klopp has told Barcelona they are wasting their time trying to sign Brazilian playmaker Philippe Coutinho — no matter the offer.Klopp has already rejected a $93 million bid for Coutinho, who scored a superb winner in Liverpool’s 2-1 Premier League Asia Trophy victory over Leicester City in Hong Kong on Saturday.Barca are set to test Liverpool’s resolve with an improved offer but Klopp has told the Catalan giants not to bother.“If I say he is not for selling, he is not for selling,” the German told British media.“There is nothing else to say. It’s a club decision, it’s my decision. That’s how it is.”Liverpool sold Luis Suarez to Barca and Raheem Sterling to Manchester City in recent years but Klopp bristled when asked if he had received assurances from the board that Coutinho would not be next.“I can say 20 times, he is not for sale,” said Klopp, who has been frustrated so far in his attempts to sign Leipzig midfielder Naby Keita and Southampton defender Virgil van Dijk during the transfer window.“If you ask the other question the other way and I say, ‘there has been no assurance’, you make the story the other way.“With Suarez I was far away,” added the former Borussia Dortmund coach, who joined Liverpool in 2015. “When the club sold Sterling I was maybe the last to know about it. Those situations have nothing to do with this one.“We are approaching a very important moment and we want to get better. For this we have to keep our key players,” said Klopp, insisting his word was final.“There is no story for me,” he added. “Whatever happens from their side, I say he is not for sale. You can say whatever you want. The answer is ‘not for sale’.”Klopp confirmed he had spoken to Coutinho in private at the team’s hotel in Hong Kong before Saturday’s game but refused to reveal what was said.The German did, however, explain the reason for his first-half rant at referee Bobby Madley following some heavy challenges on Coutinho.“I was not too happy about two decisions around Phil,” said Klopp. “He (Madley) told me if I behave like I behaved today (in the Premier League) then I would have to go in the stands.“I said: ‘If I behave like today then I go in the stand, no problem. But you have to change how you whistle’. For me, it was a clear foul, it’s dangerous.”RELATED VIDEO.Share on: WhatsApplast_img read more

SpaceX Falcon 9 rocket launches from Kennedy Space Center in Florida

first_imgSpaceX launched a Falcon 9 rocket from the historic Launch Pad 39A at 3:30 PM Wednesday afternoon from the Kennedy Space Center in Florida.The 60 Starlink satellites have successfully landed and will “deliver high speed broadband internet to locations where access has been unreliable, expensive, or completely unavailable,” according to SpaceX.last_img

Palm Beach County school year will be delayed

first_imgThe school year is currently slated to start in Palm Beach County on Monday, Aug. 10 The 2020-2021 school year in Palm Beach County will be delayed, according to Dr. Donald Fennoy, the superintendent of the School District of Palm Beach County.On Thursday morning, the school board voted 7-0 to start the 2020-21 academic year with distance learning for all students.“The board’s will and pleasure right now is to delay it, and it will be delayed,” Fennoy said.WATCH SUPERINTENDENT INTERVIEW:last_img read more

Promises, promises

first_imgEvery so often columns just jump into your lap, maybe not just exclusive to pro football in particular, but sports in general and how the average “Joe” feels about subjects related to the sports that may or not be just about first downs and interceptions.From here on; I will be attempting to recall for you the conversation that I was privy to while in route to the Homestead Waterfront, just a tad outside of Pittsburgh. I was on the Waterfront shuttle with two forty-ish White males with their tool belts still in place. They both appeared to be dog tired after a long, hard work day.Average “Joe” number one, or AJ1 asked average “Joe” number or AJ2 what plans he had for the weekend. “I am going to go in and get ready to go out for a little while;” AJ2 said, with a tired but broad smile stretching across sunburned face. “What about you?” AJ1 said, “my loot is sort of funny so I’m gonna stay in and watch Penguins and Steelers reruns. I don’t care how many times I watch the Steelers Super Bowl highlights, just like when I watch a good movie more than once, I always miss something; ya know what I mean?”At that point AJ1 seemed to become a bit irritated with his work mate. “I love the Steelers as much as anybody’” he said. “But I refuse to pay ESPN, the NFL network or any other station to watch reruns. Hey, we won’t get paid next week for the week we just put in; so why should the players or the networks get paid for games that have already been played?”A puzzled expression came across the face of AJ2. He appeared as if he had no response but finally a light clicked on somewhere. “I just like the game and I am not a politician or anything like that; so the money that they make well, I can’t control that.” “Oh, I know” AJ1 said, “but they find so many ways to make money off of us.” AJ2 now started to now get a bit emotionally involved. “Well if it was all about money, that didn’t stop Junior Seau from killing himself, did it?” At this point AJ1 seemed to be getting just a bit ticked off at his homeboy. “Hey that is why I follow high school football because those kids play with heart and because they love the game, not because of the money. Look at all of the money that Mike Wallace wants. He is an ungrateful young bas–rd! After all the Rooneys did for him, now he wants to break the freakin’ bank. These guys make too much money anyway just for catchin a ball.” At this point I thought to myself; what have the Rooneys done for Mike Wallace aside from paying him for a day’s work? Just like all of us average “Joes” want to be paid. But it’s not about my thoughts, right? Anyway, AJ2 came back a little passive but smart, “if you come over to my house we can pitch in on a case of brew get a sandwich ring and watch Pens highlights, plus the money that you are gonna spend for a couple of beers down the south side hell; we can buy a case of ‘Milwaukee’s Best.’”I had to get in on the action because if I didn’t, I’m sure that I would have burst wide open. “Hey do you guys know what stop I get off to get to Office Depot?” (I have only been there in all honesty over 100 times.) AJ2 seemed to view this timely intrusion as the perfect opportunity to exit from the previous conversation. “Yeah, the bus is going to turn into the mall (huh?) from Ann Street. When he makes the right turn you will get to Giant Eagle. That will be the last stop before the bus leaves the “mall” going back to Pittsburgh.” I said thanks to him but at that point the former conversation seemed to have left him a little discombobulated because he answered my thanks with, “thank you.”There are segments of society that have a “hate success” gene built into their DNA. But don’t hold them entirely at fault because for centuries the ruling class has dangled carrots of hope and possibility in front of their faces. As music legend George Duke once said, “the preacher’s on TV selling God today.” Look at the selling of the death of Trayvon Martin.The only thing that most of the talking heads say that means anything to them is; “we’ll be right back after this commercial break.” Why aren’t the CNN trucks parked outside of the Mon-View Heights housing project where two young African-Americans recently lost their lives in a senseless “gun battle.” Where are “the great reverends” Al Sharpton and Jesse Jackson when you need them? Young Black men better get it together. Rest in peace better start to mean; get a good night’s sleep to get ready for work. Bling-bling better mean an engagement ring for baby’s mama, peace.(Aubrey Bruce can be reached at [email protected] or 412-583-6741.) There are periods during the year especially during the time when pro football is on its annual hiatus when sportswriters and columnists assigned to cover the sport often have to look under a rock or two or in a few dark corners, just to find a story that will attract and maintain the interest of the average football fanatic. last_img read more

Yuvraj Singh slams current crop of Indian players: There’s no respect for seniors!

first_imgImage Courtesy: ESPNcricinfo/AFPAdvertisement bhgNBA Finals | Brooklyn Vs51z8m4sqWingsuit rodeo📽Sindre E3amw2( IG: @_aubreyfisher @imraino ) 40vvWould you ever consider trying this?😱bqqpCan your students do this? 🌚Roller skating! Powered by Firework The Indian cricket team has sen some talented youthful entries in recent times. Young talents from all over the country have cemented their spots in the squad with brilliant performances, and have filled spots left vacant by the previous stalwarts of the team who have now hung up their boots. But what about this young generation of cricketers’ relation with the legends of the bygone decade? Yuvraj Singh is noticing a lack of respect.Advertisement Image Courtesy: ESPNcricinfo/AFPThe former international cricketer joined up with Rohit Sharma for a live session on Instagram, where the former and current icons of the team exchanged words on the current scenario of Indian cricket, and even their daily lives amidst the nationwide lock down due to the novel Coronavirus pandemic.Speaking on how things have changed in the Men in Blue’s dressing room since Yuvraj’s retirement, the former all rounder worded in about the respect youngsters had for the seniors in the past few years, indicating that the lack of social media back then was a positive factor.Advertisement “I felt when I came into the team or when you (Rohit) came into the team. Our seniors were very disciplined. Obviously there was no social media so there were no distractions,” Yuvi said in the conversation.“There was a certain behaviour that we boys had to carry, how they talk to people, how they talk to media. Because they were the ambassadors of the game and India,” the 38 year old added.Advertisement However, in the current Indian team, Rohit himself, along with the captain Virat Kohli belong from the previous generation, and the rest of the first team squad are all youngsters, who according to Yuvraj, don’t show the due respect their seniors like their previous generation of players used to.“I just feel there are very fewer guys to look up to and I feel that a sense of respect towards seniors, that has become a thin line now,” he added.Again, Yuvraj brought in the topic of social media, and what might be having a detrimental effect on the generation gap in the team.“I think juniors, because of social media, party scenes, these things, we could not even think about that in our time. Because we had that fear that if we do some mistake our senior will tell us that do not do this, this is not right,” the former cricketer concluded.Also read-This cricketer’s World Cup final jersey just raised Rs. 6,073,818 in fight against Coronavirus!Indian runner Murali Gavit stuck in Kenya due to travel restrictions Advertisementlast_img read more

TWO DONEGAL BARS NAMED IN IRELAND’S COSIEST PUB COUNTDOWN!

first_imgBonners Bar – Mullaghduff.FEATURES: TWO Donegal pubs have been named in a list of Ireland’s cosiest pubs!Bonner’s Bar, which is located in the heartland of Mullaghduff, and Nancy’s Bar which is located in the bustling village of Ardara – were named in the list which was compiled by The Daily Edge. The Daily Edge named their TOP 21 cosiest boozers in Ireland.The popular Donegal public houses actually made the top twelve with Nancy’s placing in seventh and Bonner’s Bar in twelfth.The area in which Bonner’s Bar is situated has been decimated due to immigration with many of the locals that used to frequent the bar now scattered all over the globe.However, the pub has endured the tough times and is one of the most respected and most revered bars in the Rosses locality. A spokesman for Bonner’s Bar said, “As a small traditional family run pub, we are delighted to be recognized as one of Ireland’s 21 cosiest pubs in the national media.“Having been in Bonner’s since 1999 our aim was to keep the unique character of the bar which dates back to 1830, and we wanted to provide good food, good beer, good music and a lovely roaring fire to create the atmosphere of, home from home for the local community, who are the life and soul of any pub.“Although the last 6 years have been very challenging in our industry, we have always remained focused and determined to provide the hospitality that the customer deserves.“We also recently got nominated for Best Chef, Best Casual Dining and Best Customer Service from the Restaurant Association of Ireland so to add one of the cosiest pubs to the list pretty much sums up Bonner’s Bar and as the old saying goes, “keep the home fires burning.”TWO DONEGAL BARS NAMED IN IRELAND’S COSIEST PUB COUNTDOWN! was last modified: October 14th, 2015 by Mark ForkerShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window) Tags:Businessmannewslast_img read more