I walked through the Los Angeles Convention Center on Saturday, past the marquee blaring the finals of the World Cyber Games, known as the Olympics of video games. I came across thousands of people queued up, some sitting in portable chairs, some carrying food from the commissary, some drifting to sleep. None of them were in line to watch gamers play Counterstrike. They were camped out to get a chance to talk to a customer service representative at their bank, hoping to get a modification on their mortgage. And for most of them, this was their last hope.
“We don’t go out to eat, we don’t drink, we can’t even tithe to the church,” said Mary Pielman, who came about 70 miles from Redlands to the massive loan modification event to get help with their mortgage. “We’re not underwater on our home, we’re underwater on everything else. My principles are we pay our bills first. We’re all in the same pickle, and we want to get out.”
The 100-hour event, which started on Thursday and closes today, was organized by NACA, the Neighborhood Assistance Corporation of America. Officials expected to get 40,000 struggling borrowers a chance to come to a solution with their lenders throughout the five days.
NACA is a non-profit which gets borrowers in front of lenders for same-day solutions on loan modifications. On average, borrowers can save between $500-$1,000 a month on their mortgages, with either dramatically reduced interest rates or even principal reductions. The concept behind NACA is simple: they do the legwork with their “members” (the borrowers for whom they advocate) to verify income statements, and come up with a workable budget that includes an affordable mortgage payment on a first mortgage (because second mortgages cannot jump over first mortgages to foreclose on the home, NACA focuses on the first, and believes such a modification makes it easier to negotiate a solution with the second mortgage holder). After that, they set up legally binding agreements with the lenders to work out agreements based on the affordability parameters they set. For many borrowers, they can get these solutions the same day. The Los Angeles event was the 22nd across the country, which has helped over 100,000 borrowers achieve results. They also have a Web application through NACA.com for their members to continue the modification process. All of these services, including counseling, complaint claims and the rest, are free.
“We’re up front with our members. We can submit their claim if we can document and verify,” said Rick Guerrero, an official with NACA. “Our counselors are trained to present the banks with a realistic affordable payment.” Guerrero said that they present this to the banks as a win-win proposition. It costs the banks more in upkeep and ancillary costs to put the home into foreclosure than it does to reduce the payment for the borrower and keep them in the home. Plus, it saves the banks the time and effort to figure out what the borrower can actually pay. “Foreclosure is bad for banks,” said Guerrero.
And NACA makes the borrower clear about every single option at their disposal to level the playing field with their lender. “If I’m about to get kicked out, I’m going to take the house apart… the banks know that,” said one orientation leader, in a room of hundreds of borrowers. Orientation sessions were in English, with a special room for hundreds more in Spanish. In another one, a leader gave out flyers with the personal office phone number and email address of Jamie Dimon, the CEO of JPMorgan Chase. “We had his cell phone number too, but last week he changed it,” the leader said. He urged Chase borrowers to file complaints with Chase at the Office of the Comptroller of the Currency, their regulator, and to call Dimon at all hours of the day. “Some of us can’t sleep because of our mortgages, why should they?”
All of the major lenders were represented at the event except for JPMorgan Chase, actually. They have a legally binding agreement with NACA, but have chose not to participate in the events, instead setting up parallel “Homeownership Center” off the site. NACA provided transportation for Chase borrowers to go down and meet with Chase, but borrowers were told that the officials there could not make decisions and were not offering long-term solutions. “They tried to get me to sign a release of liability,” said Ayman Moussa of Mission Viejo, who had been trying to get a private modification with Chase for over a year. “People are going back to fight.” Rick Guerrero said the Chase officials were being disingenuous. “They say they have no underwriters there and they can’t make decisions, but they could,” he insisted. “Chase is the servicer of these loans. They are delegated to make decisions on behalf of the owner.” With the Dimon phone number flyers and through other means, NACA members were pressuring Chase to honor their agreement.
Walking through the NACA event reminded me of those massive Remote Area Medical events where the uninsured would go for a marathon of treatments. In rows upon rows of chairs sat thousands of borrowers and their families, some of whom had been there for three days. Servicers use a bullhorn to call out the names of the next borrower who can meet with a consultant. NACA volunteers in yellow T-shirts with slogans like “Stop the Sharks” (i.e. the banks) tried to get borrowers set up in the right place. NACA tries to give borrowers a specific time range for consultations (they’ll even text message people with a time, but even that said “the wait time may be considerable”), but with this massive an event there’s bound to be confusion. Against the far wall, the names of servicers were written on papers stuck to tables – AHMI, Ocwen, Suntrust, Citi, GMAC, Bank of America.
“I came here on Thursday, volunteered, came back at 8:00 last night, and they just told me it could be another 6 or 7 hours,” said Sandra of Buena Park, who was rejected from the government’s HAMP program by Bank of America. Her story was familiar. “I went to a third party law firm after I got laid off to help with a modification. Then my husband got laid off and the law firm told me immediately to short sale,” she said. “Bank of America rejected me for a loan modification, they refused to work with me. All they said to me was, ‘You owe $35,000, how would you like to pay?’ At least here I can get a face-to-face discussion.” Sandra suffered through constant confusion over who actually owned the mortgage between BofA and Freddie Mac, and who had authority to negotiate the loan modification. “No one knows what anyone else is doing,” she said.
Others were similarly desperate. “I was laid off as a teacher with LAUSD, we have thirteen people in the home,” said Petra, of Pico Rivera. “Most of them have been laid off or had their hours cut back. My husband is basically supporting the family. I have a special needs child who’s 31 years old.” Petra raised a common theme, one of pride in homeownership. “I have never missed a payment and I would never miss one,” she said. “I would rather not pay a utility bill. But with our income, the mortgage will not balance out, there’s not enough savings.” Petra’s loan was through a credit union, which orientation leaders flagged earlier as among the most unlikely candidates for a modification. “They didn’t touch that bailout money,” said one NACA orientation official, which he said made it harder to get them to honor modification agreements.
Ayman Moussa, the Chase borrower, concurred with the idea of loyalty to the home. “I invested my life in this home,” he said. Though he lost his main income in 2009 and ran out of savings shortly thereafter, he wanted to find a solution that could help him stay in the home. He now has found new work as a software developer, and he showed me a meticulous set of documents of his entire journey with Chase to try and find a modification. Chase had initially furnished him with a trial modification that cost more than his original loan payment, a clear effort to push him out of the home. “They said take it or leave it,” he said.
Despite this, most people I encountered at the event seemed hopeful that they could get a solution with the help of NACA. When modifications came through, members announced them on a loudspeaker to rousing cheers. Others told me excitedly about the modifications they heard about from fellow members. People there on their birthdays were serenaded with a round of “Happy Birthday.” “I’m optimistic,” said Robert Padilla of Corona. “It’s a matter of going through the process.” He hoped to get a principal modification, as his son did at a previous NACA event. “This is a wonderful thing to help the community.”
Adriana Ayon, a reporter for Univision in Los Angeles who was there to cover the event, agreed. “It’s so great to have this resource,” she said. “As someone who’s in the same situation with my home, I’m coming back tomorrow to get in line.”
NACA is accomplishing this mainly through the persistence of their CEO Bruce Marks, a lot of jawboning of the lenders and collective action. They have a tiny fraction of the money and leverage that the government would have to get these modifications done using the same practices. “We went to Washington last week,” said the NACA official, Rick Guerrero. “Some politicians said to us that contacting CEOs on behalf of their constituents was not part of their job description. Why not?”
Guerrero continued. “Our foreclosure day of action was to let Congress know what we’re doing, and to wake them up and ask them, why are you not doing this? You’re well-funded. Why aren’t you fixing this problem?”




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truly excellent reportage David – thanks
Our mortgage is with Chase, and they have bent over backwards to keep us in our home. I’ve been very pleased working with them. Maybe it’s because we’re in a different region?
You probably have found a very good servicer working inside the company. From what everyone at this event told me, Chase is the worst.
Great reporting David.
Have you read this about NACA? Particularly insofar as the large fees they take from lenders, and the refusal to submit to an audit.
These guys are pretty protective of their data, and given how it would unquestionably get used to try and screw them, I can understand it. He does provide information to the lenders with whom they have agreements.
As for the fees, that money is clearly going directly into advocacy and operations to save homes. If this were some fly-by-night operation maybe I’d be more concerned. They’ve been around since 1987.
I have been trying to work with NACA for 15 months. I attended their event in Cleveland in 2009. I spent 19 hours over 2 days waiting to see a rep from my bank. She said they were very interested in helping me (I have an option ARM) get out of that loan, she said BOA wanted them all gone. Long story short, NACA has bungled the entire process. After calling in weekly for 3 months only to be told they had no information from the bank, I found out the bank had given me new terms in September, but by the time NACA notified me (November) BOA had withdrawn the offer. Since then I have re-done all my paperwork 3 times, I have made 14 phone appointments (that take 2-3 weeks for an available date) only to have no call at the appointed time. Calling the main number takes 1-2 hours, but the person you get cannot help — you have to make a phone appointment…thus goes the cycle. The last appointment I made was to have taken place last Tuesday, I received an email from them prior to that saying that now my best option was to gather up my paperwork and send copies to my Congressional and Senate reps, and that they could advocate for me. Needless to say, no one from NACA called me last Tuesday.
Good on ya, Dave. Out of curiosity, I checked out the job openings at Chase recently to see if they were hiring to do work-outs. They are, it seems; but the parameters are the same as when I worked for them in the credit card division – volume and speed, metrics.
The incentive is always going to be against the customer and for the best outcome for the company, and on spending as little time as possible.
The whole orientation was to learn how to spin the customer into accepting a lemon and believing it was lemonade.
Thanks for this great report, David. I had no idea this was happening.
Great report David.
The key question – how many were offered principal reductions – needs to be answered of course. But I feel for these folks (I foolishly overbought and am getting close to the point of checking to scheduling of these events, so I understand the feeling of loss ).
The sticking point is principal reductions – none are being offered. The only way to get a new cost basis is the way they did it in Boston with the John Hancock tower – a bankruptcy title change and a new loan to a new person.
I mentioned earlier today, I don’t understand one thing;
in an economy where value has plummeted, if a bank were really to act in their best financial interests, they should be actively seeking cram down over foreclosure, in a foreclosure they have top put on auction an asset that everyone knows is a foreclosed property and the home always brings far less then market value
in a cram down if the home is made available at market value to the borrower who in underwater, they wind up far ahead financially
the only time foreclosure makes sense is if market value has risen or remained level
so I really don’t understand why they don’t aggressively seek a cram down on their own
Great Post. I keep saying that the Tarp money would have been better off taking all those mortgages off the books. Ah, who am I but a peasant.
Chase and Ocwen in my area have been the absolute worst. People have begged them and gotten nowhere. So glad there is somebody out there actually doing something to help Americans.
in addition to my previous post;
the more foreclosures there are the more the market becomes depressed, for a number of reasons, first is not the fact that there is more product on the market, the first reason is that homes foreclosed are bought for less then homes that are not on the market
then there is the psychology, if homes are being foreclosed then the market has not bottomed, and THEN there is the flood of product into the market to further depress that same market
it just does not make sense, banks SHOULD be doing their best to keep home owners in that home
tarp money would have been best spent creating jobs through infra structure, research, education spending
when you do that you get a product for your investment, a tangible product that will serve generations and give a very high return for that investment
Exactly.
I know a person who attended this event last week. After a very long wait (many hours), she is apparently going to get some relief. The lender in this case is B of A.
I can’t help but wonder if the current news on foreclosure fraud will motivate these large institutions to sharpen their pencils. I would think that a home owner who gets a legitimate restructure would be less motivated to sign onto a class action suit. Further, the institutions could wave these restructures at the courts and say, “See what good guys we are?” I dunno…
I purchased my first home 5 years ago through NACA. Without NACA I never could have done it.
David, are there any standards regarding who can or cannot get help in mortgage reform? I saw many, many people use their homes as ATMs — i.e., they refinanced every year or so, drawing all the equity out. When the market crashed, those folks were certainly ‘under water’ on their loans, but they had already enjoyed spending whatever sham equity developed in hot markets such as California. While I’m sorry for people who are losing their homes, I have less sympathy for those who took out all the equity during the boom. Any standards?
on my twitter feed –
My wife and I were faced with foreclosure by Chase. So we hooked up with NACA. It was a terrible move. First, they submitted our data to Chase. Meanwhile, Chase’s foreclosure machinery ground on. And no word from NACA.
Then Chase falsely claimed to have served us with papers, and we learned we were under foreclosure because we started getting calls and mailings from the sharks that monitor this stuff seeking blood. We called Chase, who claimed we had been served. We had not. We insisted on being served. Then Chase told us the foreclosure was put on hold, we didn’t have to respond. This was a lie, as we found out when we got the next round of court papers.
No word from NACA. We learned from Chase that our modification application had been turned down. We decided to sell. Tried to get info from Chase. Chase told us they couldn’t tell us anything because of their contract with NACA. Not even how much we owed!
We tried to reach NACA, which was virtually unreachable. e-mails weren’t answered, spent hours on the phone. Finally learned we had to sever our contact with NACA first. Which we couldn’t reach. When we reached them after hours on hold, their rep said they’d take care of it, sent some bullshit paperwork that did not sever the contract.
We finally sent them an e-mail which cc’ed a few dozen politicians and newspapers. That got us an answer and a severance letter.
Point is, Chase was able to USE NACA to keep us locked up and in the dark while while foreclosure proceedings continued. Whether NACA was evil or incompetent doesn’t make much difference.
Happy ending. We sold the place. Still kept getting letters from Chase about they wanted to help us save our home.
You’re not sorry for anyone losing their house.
Great report, David. This is sad:
IMHO, the WH has NO excuses.
All for evil purposes, I suppose?
you’re missing the point entirely
first of all, the real problem with people taking their money out were the people who understood their house was worth less then the banks were willing to lend, this is free money, you take the loan and default, leaving the bank to get their investment out of the home they should have never lent the kind of money they were lending against
lending money against a value that the banks created themselves, telling their investors there was an asset that funded the loan when there was not
this is a lenders issue called problem not a borrowers caused problem
if the market remained high the banks would not be in trouble and no cram down would be possible but SINCE the banks lent money against assets that were worth far less then the loan, they played now they have to pay one way or another
I’m sorry dearie, this is a bank caused problem not a borrower caused problem
whenever a lender wants to lend you more money then the asset is worth, here’s a new rule of thumb, take the loan, then let them have the asset and go buy another, take another loan and repeat
People used their homes to pay off medical bills, college tuition and to keep their heads above water. The working person in this country has seen no rise in their take home pay in decades. Look at the inflation in health care alone. Ever try to take care of a sick relative who doesn’t qualify for health insurance? It is down right scary.
While I believe Naca’s motives are good, my experience with them wasn’t. I applied for and received a loan modification with my first mortgage holder on September 25, 2009 at the first Los Angeles Naca convention last year. I too was excited and impressed with all the “testimonials” from people who, like me, received affordable loan mod’s from their lenders that day. Here’s what happened to me. The modification never came through. After being assured by the rep from my lender that I would receive a package within 10 days of the convention that I needed to sign and immediately return to the lender to begin my new payments, as of yesterday, 12+ months later, I had not received anything .Today (which is why I’m responding to this article) I received a letter from my lender telling me I don’t qualify for a loan mod. Between now and the date I was told I did qualify, I have spent countless hours on the phone with Naca trying to resolve the original issue of never receiving the paperwork and loan mod I was promised. The problem with Naca is you never deal with the same person twice on the phone. You always get whoever is manning the phones the day of your appointment. Sometimes their appointment calls don’t come and you are forced to make a new appointment through the web site before you can speak with someone. Once I would get to speak to someone, they would review the “notes” related to my account, and advise me of the next step. Unfortunately the next step would never happen. I would make another appointment with Naca, end up speaking with somebody different (every time) and do exactly as they told me, without results. Naca did a free forensic audit for me that found violations in my original loan docs Naca said would give me leverage in the loan mod negotiations. Once I received the audit that verified “serious” mistakes in the audit, I asked Naca if they would use the audit to persuade the lender to follow through on their original agreement with me through Naca. The Naca rep replied “NO we just get you the audit. It’s up to you what to do with it.” This seems to be the way Naca operates. I would be very curious to see actual numbers of successful modifications received through the Naca program. How many people that attended last years convention with me, and received loan modifications that day, actually have a loan modification? Naca just doesn’t seem capable of following through on arrangements made with the lenders. There is no specific person assigned to your loan mod at Naca that you can count on to give you an answer when problems arise. Naca is a great disappointment to me and was my last hope. I will assume that today’s letter from my mortgagor will commence foreclosure proceedings now. I don’t even want to call Naca because I doubt they will do anything about it. They haven’t done much already. Like I said their intentions are probably good, but like someone once said ‘the road to hell is paved with good intentions”
Someone really needs to speak for the many thousands (I’m guessing) who have been misled by the promises Naca makes but fail to deliver. There must be some way to determine how many people there are, who have set their hearts on Naca’s solution to their mortgage problems to only be disappointed with the final results. Naca gets all this free publicity about what they are doing for people. Someone needs to investigate how many the actually help, and how many actually give up because of the frustration of dealing with Naca when a lenders promise is not kept.
You may still have a considerable amount of time in your house. Looks like AG across the country are canceling foreclosure since they are so very fraudulent.
Justin – please contact me. We’d like to interview you about your NACA experience on KNX Newsradio tomorrow morning…ljherman@cbs.com
Thank you
Laraine Herman
morning news producer
Ms Herman
Got your message late. I’ve responded to your request via your CBS e-mail.
Regards,
Justin
Thank you for this, and I’m sorry it happened. I’ve heard a couple scattered reports like this but I’ve also heard a lot of people who did get the modification they sought, which did in fact take. The big thing here is that, at the end of the day, NACA doesn’t really have the ability to force a loan mod. They can sign agreements with lenders, and set up what they believe to be a deal, but if the bank reneges, they renege. This is where government could be far more effective if they really wanted to get the mods done, simply because they have more leverage over the banks if they chose to use it.
Not sure who your lender is or what part of the country you’re from, but given the violations in the original loan docs and the struggles with foreclosure fraud coming to the fore, I think you have a good legal case to make.
Thank you David for the suggestions regarding my letter. You mention you’ve heard about a “couple scattered reports” like mine, and reports of “a lot of people who did get the modification they sought.” I know of only 3. Myself and 2 friends I recommended Naca to. None of us have received the loan mod we were told we got from the September 2009 Naca convention. You say “at the end of the day, NACA doesn’t really have the ability to force a loan mod. They can sign agreements with lenders, and set up what they believe to be a deal, but if the bank reneges, they renege.”
Naca told me, and everyone else at their convention, they had “legally binding agreements” with these banks. The implication was the banks knew better than to screw with Naca, and Bruce Marks. Naca takes pride in showing all convention attendees just how aggressive they have been and will continue to be, until all lenders work with them. I agree the government really blew it when they bailed the banks out with taxpayer money, and depended on the banks to act human and show good faith in turn by helping the struggling home owner, but Naca goes to great lengths to convince home owners in trouble, that they have permanent solutions to their problems. Maybe you’re right, maybe most home owners who have used Naca have had their loans successfully modified. How can we know that for sure? How can we know if Naca’s claims are legitimate? One way would be for the media to request everyone who attended last years Naca convention in Los Angeles between September 24, 2009, and September 28, 2009, who received a promise of a loan modification, to respond with the final results of that promise. Naca requires a great deal of preliminary work on the part of the home owner, including attending a workshop before you will even be considered for their home save program. Let’s find out exactly how many people that followed all of Naca’s instructions really had a satisfactory loan modification. Like I said, I know of 3 people including myself. 2 of the 3 gave up after the frustration of dealing with Naca’s phone assistance program and lack of quality assistance. The other one ended up losing his home to a short sale. I would really like to know if Naca helps the majority of people attending their conventions. Also, Naca has only had an office in Los Angeles for a little more than 1 year now .