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Homeowner sues lender, alleges it uses HAMP to lure customers

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Why Realtors should know these lawsuits

In today’s economy, real estate professionals are being asked for help and guidance by struggling homeowners and agents should be aware of the changing scenery (and dangers), and know options for consumers in trouble. A Realtor’s value really shines through when they help a consumer when it isn’t about a commission. Consumers don’t forget that- can you say referral?

The old bait and switch

Homeowner Mary Gaudin of San Francisco has filed a lawsuit seeking class action status against Saxon Mortgage, a servicing division of Morgan Stanley. The suit claims that Saxon uses the Home Affordable Modification Program (HAMP) to lure customers into making “trial” payments on loans it doesn’t intend to permanently modify.

Gaudin has filed her allegations of the bait and switch in a Northern District of California federal court claiming Saxon has a pattern of misconduct by collecting trial payments, delaying the loan mod process and denying the application for “false reasons.”

A “bizarre pattern” by the lender

Gaudin alleges Saxon sent her a written agreement promising a permanent HAMP loan mod after her three trial payments were made (thus proving she could handle the new loan), urged her to continue making the trial payments after the first three, then in a letter, they denied her loan modification claiming she had not made the three payments while in the same letter showing a payment history documenting those very payments.

Gaudin’s lawyer claims a “bizarre pattern of inaccurate and irresponsible behavior” by Saxon (Morgan Stanley). The suit alleges breach of contract, recission, for alleged violations of California’s Rosenthal Fair Debt Collection Practices Act and for alleged violations of California’s Unfair Competition Law.

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30 Comments

30 Comments

  1. Alessandro Machi

    April 10, 2011 at 1:31 am

    HAMP bait and switchers were also practicing parallel foreclosure. I believe the use of taxpayer funds to lure taxpayers into the accelerated loss of their home could be a Federal Hobbs act violation, the extortion clause. Intimidating citizens under the color of right.

    Well, using taxpayers funds to ACCELERATE the loss of ones home, AND to damage one’s credit ranking, and doing it under the color of right, sure seems like a federal hobbs act violation that should reach the white house and wall street.

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Austin

Austin tops the list of best places to buy a home

When looking to buy a home, taking the long view is important before making such a huge investment – where are the best places to make that commitment?

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Looking at the bigger picture

(REALUOSO.COM) – Let us first express that although we are completely biased about Texas (we’re headquartered here, I personally grew up here), the data is not – Texas is the best. That’s a scientific fact. There’s a running joke in Austin that if there is a list of “best places to [anything],” we’re on it, and the joke causes eye rolls instead of humility (we’re sore winners and sore losers in this town).

That said, SelfStorage.com dug into the data and determined that the top 12 places to buy a home are currently Texas and North Carolina (and Portland, I guess you’re okay too or whatever).

They examined the nerdiest of numbers from the compound annual growth rate in inflation-adjusted GDP to cost premium, affordability, taxes, job growth, and housing availability.

“Buying a house is a big decision and a big commitment,” the company notes. “Although U.S. home prices have risen in the long term, the last decade has shown that path is sometimes full of twists, turns, dizzying heights and steep, abrupt falls. Today, home prices are stabilizing and increasing in most areas of the U.S.”

Click here to continue reading the list of the 12 best places to buy a home…

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Housing News

Average age of houses on the rise, so is it now better or worse to buy new?

With aging housing in America, are first-time buyers better off buying new or existing homes? The average age of a home is rising, as is the price of new housing, so a shift could be upon us.

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aging housing inventory

The average home age is higher than ever

(REALUOSO.COM) – In a survey from the Department of Housing and Urban Development American Housing Survey (AHS), the median age of homes in the United States was 35 years old. In Texas, homes are a bit younger with the median age between 19 – 29 years. The northeast has the oldest homes, with the median age between 50 – 61 years. In 1985, the median age of a home was only 23 years.

With more houses around 40 years old, the National Association of Realtors asserts that homeowners will have to undertake remodeling and renovation projects before selling unless the home is sold as-is, in which case the buyer will be responsible to update their new residence. Even homeowners who aren’t selling will need to consider remodeling for structural and aesthetic reasons.

Prices of new homes on the rise

Newer homes cost more than they used to. The price differential between new homes and older homes has increased from 10 percent traditionally to around 37 percent in 2014. This is due to rising construction costs, scarcity of lots, and a low inventory of new homes that doesn’t meet the demand.

Click here to continue reading this story…

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Housing News

Are Realtors the real loser in the fight between Zillow Group and Move, Inc.?

The last year has been one of dramatic and rapid change in the real estate tech sector, but Realtors are vulnerable, and we’re worried.

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Why Realtors are vulnerable to these rapid changes

(REALUOSO.COM) – Corporate warfare demands headlines in every industry, but in the real estate tech sector, a storm has been brewing for years, which in the last year has come to a head. Zillow Group and Move, Inc. (which is owned by News Corp. and operates ListHub, Realtor.com, TopProducer, and other brands) have been competing for a decade now, and the race has appeared to be an aggressive yet polite boxing match. Last year, the gloves came off, and now, they’ve drawn swords and appear to want blood.

Note: We’ll let you decide which company plays which role in the image above.

So how then, does any of this make Realtors the victims of this sword fight? Let’s get everyone up to speed, and then we’ll discuss.

1. Zillow poaches top talent, Move/NAR sues

It all started last year when the gloves came off – Move’s Chief Strategy Officer (who was also Realtor.com’s President), Errol Samuelson jumped ship and joined Zillow on the same day he phoned in his resignation without notice. He left under questionable circumstances, which has led to a lengthy legal battle (wherein Move and NAR have sued Zillow and Samuelson over allegations of breach of contract, breach of fiduciary duty, and misappropriation of trade secrets), with the most recent motion being for contempt, which a judge granted to Move/NAR after the mysterious “Samuelson Memo” surfaced.

Salt was added to the wound when Move awarded Samuelson’s job to Move veteran, Curt Beardsley, who days after Samuelson left, also defected to Zillow. This too led to a lawsuit, with allegations including breach of contract, violation of corporations code, illegal dumping of stocks, and Move has sought restitution. These charges are extremely serious, but demanded slightly less attention than the ongoing lawsuit against Samuelson.

2. Two major media brands emerge

Last fall, the News Corp. acquisition of Move, Inc. was given the green light by the feds, and this month, Zillow finalized their acquisition of Trulia.

…Click here to continue reading this story…

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