This reference guide outlines the requirements and guidelines for the Makhing Home Affordable (MHA) Program for non-GSE mortgagees.

To get your copy of the guide, click here.

The 8 chapters are:
Chapter I -- contains standard information affecting all MHA programs
Chapter II -- contains specific program information on the Home Affordable Modification Program (HAMP)
Chapter III -- contains specific program information on the Home Affordable Unemployment Program (UP)
Chapter IV -- contains specific program information on the Home Affordable Foreclosure Alternatives Program (HAFA)
Chapter V -- contains specific program information on the Second Lien Modification Program (2MP)
Chapter VI -- contains specific program information on government loans
Chapter VII -- contains specific program information on the Treasury/FHA Second Lien Program (FHA2LP)
Chapter VIII -- contains specific program information on interactions with HFA Hardest Hit Fund Programs

Happy Holidays! The Real Estate School will now be offering a brand new 3-credit CE course that fulfills the mandatory Fair Housing/Discrimination licensing requirement for Real Estate Sales Agents & Brokers.

'The Fair Housing Act' will be offered for the first time on January 20th at Bethpage Federal Credit Union.

IMPORTANT: Registration can only be done online - and will open shortly!


The Fair Housing Act
Credits: 3 Hours
Instructor(s): Andrew M. Lieb, Esq., MPH

Summary: Be warned - Discrimination in housing is very serious and exposes real estate agents to liability and the potential loss of their license. In fact, discrimination is so serious that the Department of State only requires that this course be included in the requisite 22.5 hours of continuing education and requires no other topic. This course is not a general survey course on discrimination, instead it explains a very specific law: The Fair Housing Act, which regulates our entire industry. The seminar will detail specific cases involving real estate agents and mortgage lenders who violated the Act. Be prepared for this course to hit home.

Here's a Sneak Peak of the Course Outline:

1. Introduction – Fair Housing Act, Law, and Overview: The Facts/Case Study Overview & Applicable Law/Results

2. The Fair Housing Act Explained: Protected Categories; Prohibited Conduct in Real Estate Brokerage; Prohibited Conduct in Mortgage Lending

3. Enforcement of FHA: Fair Housing Claim Elements; Fair Housing Defense; Fair Housing Administration/HUD; Fair Housing Act Penalties; Judicial

4. You the Agent & Brokerage: Discrimination; Religious Land Use and Institutionalized Persons Act

Please contact Lieb at Law at 631-878-4455 to schedule a complimentary 20 minute question & answer at your office about the new dual agency disclosure forms - the new forms will be provided.

Dear Real Estate Education Coordinator,




Please be advised that the recent amendments to Article 12-a of the Real Property Law, regarding agency disclosure requirements, have been added to the real estate qualifying course curriculum.



Effective January 1, 2011, the amendment will permit real estate licensees to obtain advance consent to dual agency from consumers. This consent would be obtained at the time of the first substantive contact between the agent and consumer. The amendment is clear that advance consent to dual agency must be ‘informed’.



Accordingly, the Department is of the opinion that the bill would require real estate licensees to disclose the benefits and detriments of providing advance consent prior to the form being executed and to provide later disclosure when the dual agency relationship has actually been consummated. Not providing this follow-up disclosure would be a violation of the broker’s fiduciary duties of full disclosure and reasonable care to the consumer and would be a demonstration of untrustworthiness pursuant to section 441-c of the Real Property Law.



Additionally, condominium and cooperative apartments in buildings containing more than four units are currently exempt from the disclosure form requirements of section 443 of the Real Property Law. This amendment eliminates this exemption.



Attached to this communication are the statutory amendment, the updated real estate sales and broker syllabus, learning objectives and the amended agency disclosure form which take effect on January 1, 2011. Although the new agency disclosure form will not be required to be used until January 1, 2011, it is recommended that you immediately begin including this new curriculum in your qualifying course lesson plan.



The attached new agency disclosure form will be posted on our website at www.dos.state.ny.us in the near future.



Please feel free to contact me if you have any questions.



Sincerely,



Marc Mastrobuono

Department of State

Division of Licensing Services

Bureau of Educational Standards

To read a fascinating report on the current state of foreclosures in NY brought to you by the Chief Administrator of the Courts click here.

Some highlights include the following:

1. Over 20,000 more foreclosure cases were pending in 2010 than 2009;
2. 40% of the total cases pending in Supreme Court Suffolk County are foreclosures;
3. This year through October 42,536 foreclosure cases had settlement conferences;
4. In 2010, the default rate on appearing at any point during a foreclosure case was 20% by homeowners;
5. Only 27% of homeowners have representation during foreclosure settlement conferences; and
6. This year through October only 4,062 settlements occurred in foreclosures.