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Reverse Mortgages -- tread cautiously and carefully

6/30/2012

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Lots of good discussion about reverse mortgages lately:

http://consumerist.com/2012/06/thinking-of-a-reverse-mortgage-here-are-things-to-watch-out-for-and-some-alternatives.html

And for a "straight from the horse's mouth" take on that, note the name of this publication - dsnews, a publication for the "default servicing" industry:

Reverse Mortgages Puts Confused Homeowners at Risk of Foreclosure 06/28/2012 By: Tory Barringer

    The Consumer Financial Protection Bureau (CFPB) released a report Thursday showing that although reverse mortgages are meant to help borrowers in retirement, they are in fact causing problems for many who don’t fully understand them.

    A reverse mortgage is a type of home loan that lets older homeowners access the equity they have built up on their homes and defer loan payment until they sell the home, move out, or pass away. The original purpose of reverse mortgages was to allow these homeowners to convert home equity into an income stream or line or credit to use in retirement. Borrowers were largely expected to age in place with their loans, living in their current homes until they passed or needed skilled care.

    Reverse mortgages require no monthly mortgage payments, but borrowers must still pay property taxes and homeowner’s insurance. The report showed that nearly 10 percent of reverse mortgage borrowers are at risk of foreclosure because they failed to pay those costs.

    “Reverse mortgages are complex and have the potential to become a much more pervasive product in the coming years as the baby boomer generation enters retirement,” said CFPB director Richard Cordray. “With one in ten reverse mortgages already in default, it is important that consumers understand what they are signing up for and that it is the right product for them.”
The report found that many reverse mortgage borrowers do not understand how their loan balance will rise and their home equity will fall over time. In addition, the influx of new choices brought on by innovations and policy changes have made the matter too complex for many homeowners. The bureau further found that the tools currently available to help consumers understand the risks and tradeoffs are not enough. The report called for improved methods for housing counselors to help consumers understand their choices.

    There are many other problems with reverse mortgages as they currently stand, the report pointed out.  Many consumers are getting reverse mortgages before the age of 70 (with the most common age for a new borrower being 62, the first age at which reverse mortgages are available), and some are even getting them before retiring.

    “These borrowers will have fewer resources to pay for everyday and major expenses later in life and may find themselves without the financial resources to finance a future move-whether due to health or other reasons,” said the report.

    Another problem is that 70 percent of borrowers are taking out the full amount of proceeds as a single lump sum instead of treating the payment as an income stream. As a result, these borrowers have fewer available financial resources later in life. They may not be able to continue paying taxes and insurance on their homes, leading to potential foreclosure. The report found that borrowers who save or invest their money may earn less on the savings than they spend paying interest on the loan.

    Finally, the bureau addressed the issue of deceptive or misleading marketing materials about reverse mortgages. The report cited examples of mailers that depict reverse mortgages as a government benefit or entitlement program in the vein of Medicare and use images resembling government seals to entice consumers. It can be difficult for consumers to tell that a reverse mortgage is a financial product, not a government benefit. . . .

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Nonprofits Should Quit Doing Performance Appraisals on their Executive Directors

6/23/2012

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    Having studied and thought a lot about performance improvement and effectiveness over the years, I am becoming ever more persuaded that evaluations of individuals are worse than useless, they are a tremendous mis-allocation of board time and nearly always organizationally counterproductive at best, outright destructive at worst.  They bring to the nonprofit sector the worst aspects of the for-profit world, with no compensating advantages.

    The worst of it is that the stated rationale for doing them ("Without a formal measurement, it's hard to know if you're reaching your goals and meeting the expectations of your board.") is such a crock.  In organizations where this is true -- and they are legion -- the appraisal process is even more stress-inducing and destructive.

    I like BoardSource usually, but selling a pricy canned assessment package and then saying "BoardSource recommends appraisals every 12-18 months!" is so perfect -- kind of like the illustrations of conflicts-of-interest that appear in BoardSource books.

    If you're aghast that someone would challenge the entire practice of performance appraisals and can't imagine what you should be doing instead, you should read this enlightening work.




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On Student Loan Collections

6/13/2012

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A frustrated lawyer in Alabama sums it up eloquently:

     This whole area of law is completely out of control. We are creating a subclass of educated (and some not-so-educated) poor people. We are basically creating a class of indentured servants who were essentially unknowingly induced into loans that they cannot repay. Many were sold a bill of goods that they could get good jobs upon graduation and repaying their loans would not be a big issue, then the economy tanked.

     This is a worse crisis than the mortgage crisis.
     At least with a mortgage, once they foreclose, you can walk away - student loans are making American citizens slaves to debt collectors and banks - two of the most unscrupulous entities in our society.
     The taking of 80 year olds' social security money to pay on 30 year old student loan debt is beyond inhumane. I am shocked there has been no rioting or occupy movements based on the outrageous laws Bush signed into law making student loans super-liens on par with, or maybe even above, the IRS.
     Our founding fathers would not have stood for this type of treatment of their American people. This is a shameful time.
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Now Hear This! Resources Added to Useful Links

6/5/2012

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Filing Consumer Complaints for Mortgage Problems, Auto Fraud and More

Keep this list handy so you’ll know who to turn to when it comes time to register a complaint related to a shoddy consumer product or practice.

Note that some agencies offer direct assistance to resolve complaints while others track information for use by law enforcement officials. Also, for all online complaints registered with the CFPB, the bureau will forward your client’s complaint to the company, issue a tracking number, and keep you or you updated regarding the status.

Auto Loans or Other Consumer Loan Complaints (other than mortgage and student loan problems)

    Consumer Financial Protection Bureau (CFPB)

Auto Dealer Complaints    FTC Complaint Assistant

Bank Account or Bank-Related Service Complaints
Consumer Financial Protection Bureau (CFPB)


Credit Card Complaints
Consumer Financial Protection Bureau (CFPB)

Mortgage Complaints
  • Consumer Financial Protection Bureau (CFPB)

  • Office of Mortgage Settlement Oversight to report client problems related to the 2012 Attorney Generals settlement with large bank servicers (Ally, Bank of America, Citibank, JP Morgan Chase, and Wells Fargo). Note that this form is only for advocates acting on behalf of clients.
Student Loan Complaints
Consumer Financial Protection Bureau (CFPB)

Other Consumer Fraud & Scams
  • Federal Trade Commission Portal includes links for general consumer complaints, military service members’ consumer problems, and cross-border complaints. (Complaints are entered into a secure online database used by civil and criminal law enforcement agencies.)

  • Consumer Complaints in Oregon: 
    OR Attorney General Office Consumer Protection & Financial Fraud Section


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John Gear Law Office LLC and Salem Consumer Law.  John Gear Law Office is in Suite 208B of the Security Building in downtown Salem at 161 High St. SE, across from the Elsinore Theater, a half-block south of Marion County Courthouse, just south of State Street. There is abundant, free 3-hour on-street parking throughout downtown Salem, and three multi-story parking ramps that offer free customer parking in downtown Salem too.

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