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Welcome to Mars Mortgage Assistance Relief Services! Learn about the rules effective from January 31, 2011 to protect homeowners. Find out about impacts, illegal fees, upfront disclosures, communication guidelines, and more. Stay informed to navigate mortgage modifications safely.
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WELCOME TO MARS: • “Mortgage Assistance Relief Services” • MARS Rules: In Effect January 31, 2011 • Purpose: • Prevent Scammers From Luring Desperate Home Owners Into Paying Upfront Fees By Making Unrealistic Promises. Aimed Primarily At Mortgage Modification Companies
WELCOME TO MARS: • MARS Rules: • “Mortgage Assistance Relief Services” • Impacts: • Mortgage Modifications • Deed In Lieu • Forbearance Agreement • Short Sales
WELCOME TO MARS: • MARS Rules: • 1. Up Front Fees- NOW ILLEGAL!!! • $11,000 Fine • Per Incident • Per Day • **Attorney Exception
WELCOME TO MARS: • MARS Rules: • 2. Up Front Disclosure: • Your Fee • You Can Be Fired By Client At Any Time For Any Or No Reason • You Are Not Working For Gov’t • Seller’s Lender May Reject Offer Stay Tuned… We’ll Show You Where To Get Disclosure Shortly!
WELCOME TO MARS: • MARS Rules: • 2. Up Front Disclosure: • WHEN DO YOU HAVE SELLER SIGN? • As Soon As You Know It Is Or May Become A Short Sale • At Listing If You Know It Is Or May Become A Short Sale • At Later Point If List Price Now Makes It A Short Sale
WELCOME TO MARS: • MARS Rules: • 3. If You Advise Client To Stop Making Payments, • You Must Tell Them: • Negative Consequences • Loss of Home • Damage To Credit
WELCOME TO MARS: • MARS Rules: • 4. Communication With Lender: • You Can NOT Tell Seller To Not Communicate With Lender. • That’s Now A Crime! • WHY? • Prevent A Scam
WELCOME TO MARS: • MARS Rules: • 5. Lender Correspondence: • Anything You Get From Lender, You Must Give To Seller. • Emails • letter • Fax, etc.
WELCOME TO MARS: • MARS Rules: • 6. Truth In Advertising: • Don’t Make Promises. • Don’t Make Predictions. • Must Be Able To Prove Statements (i.e. 92% Chance of Success) • Must Have Disclosures In Your S.S. Advertisements!!! • Website • Print Materials
WELCOME TO MARS: • MARS Rules: • Truth In Advertising: • Advertisement Must State… • You Are Not Associated With Govt • Lender May Refuse To Accept S.S. • Client May Fire You At Anytime • If Client Stops Making Payments, • Harm To Credit • Possible Loss of House
WELCOME TO MARS: • MARS Rules: • 7. Second Disclosure: • At Time Of Offer From Lender • Seller May Reject • If Reject, No Fee Due • Terms Of Lender’s Offer
WELCOME TO MARS: • MARS Rules: • 8. Record Keeping: • 2 Years From “Mortgage Relief” • Advertising Materials • Sales Records • Emails/Letters To Client • Copy of Agreement With Lender
WELCOME TO MARS: • MARS Rules: • 25% of Closings Today Are Short Sales! • If YOU Are A Listing Agent, • Sooner Or Later, MARS Will Impact • YOU!
WELCOME TO MARS: MARS Rules: For All Disclosures: www.kar.com, then Legal Affairs
WELCOME TO MARS: MARS Rules: Q & A: