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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: .
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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: