Category: CHAT, Road Home Program
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General Contact Information For This Outreach:
For Problems With Determination of Pre-Storm Home Values by Road Home: Please contact:
Sample letter or write your own:
The LRA and OCD recognized that AVMs, BPOs, and drive-by appraisals (market analyses) were inaccurate. Therefore, they implemented the regulation called CP188G in November 2007. CP188G allowed homeowner-supplied appraisals from Louisiana Certified Appraisers to be carefully reviewed by an appraiser of Road Home’s choice and not just discarded if they were more than 20 percent higher than the less accurate types of valuations. HUD-FHA insured loan applicants have to use full certified appraisals, (home valuation handbook 4150.2). Please ask LRA and OCD to reinstate the CP188G field review policy for those applicants who disagreed with the Road Home’s inaccurate valuations and obtained a full certified appraisal. In addition, please ask them not to not lower applicants’ award amounts based upon multiple, inaccurate valuations that come up with lower numbers.
SB 740 (Senate bill, Road Home Applicants’ Bill of Rights)
SB 636 (Access to Courts for Road Home applicants)
HB 622 (House bill, about LRA Structure, to which a streamlined version of text of SB 740 was amended and then removed)
SB 755 (House bill that passed with some needed help for Road Home applicants but subject to unnecessary delays that LRA-OCD introduced into the bill’s language)
The Main Common Issue For All Four RH Reform Bills: Mistakes And Stonewalling In Grant Processing And Lack Of Corrections Of Shortchanging Mistakes for Thousands Of Applicants
ICF makes large numbers of mistakes in grant processing. ICF and some of its subcontractors are non-transparent in their practices and often refuse to correct mistakes and give needed information to applicants about their own application.
LRA-OCD does not exercise nearly enough applicant-beneficial oversight of ICF and subcontractors to make sure those systemic problems in grant processing are fixed.
LRA-OCD has conflicting policies, some of which deviate greatly from best business practices and even from HUD practices.
In addition, LRA-OCD often does not follow its own most applicant-friendly policies.
SB 755 passed despite vehement opposition by the Executive branch. It could provide some relief to applicants, including in appeals (see details below).
LRA-OCD officially stated that the legislature rejected Road Home (RH) applicants having access to courts for unresolved issues with RH.
Every one of four RH reform bills had a provision for allowing applicants to get out of the closed circle of mistakes by ICF and subcontractors judged only by ICF/OCD/LRA. Three of the bills had an access-to-court provision and two of them passed the House or unanimously passed the Senate but did not get final passage because of misinformation from LRA-OCD.
One argument that the Administration was using to defeat RH reform is that there is not enough RH money and the proposed reform would have cost hundreds of millions. Hardly any of the allocated $1 billion from the RH grant pot that is to be given for elevation grants has been given out. They could still follow the original promises and rely mostly on available FEMA-HMGP money for elevation grants of up to $60,000 for actual work done without duplication of benefits.
Sen. Don Cravins, D-Lafayette; Sen. A.G. Crowe, R-Slidell; Rep. Nita Hutter, R-Chalmette; Sen. Cheryl A. Gray, D-New Orleans; Sen. Troy Hebert, D-Jeanerette; Sen. Lydia P. Jackson, D-Shreveport; Rep. Sam Jones, D-Franklin; Rep. J-P Morrell, D-New Orleans; Sen. Edwin Murray, D-New Orleans; Rep. Cedric Richmond, D-New Orleans; Sen. Derrick Shepherd, D-New Orleans
Applicants should have the right to go to court for RH issues that they cannot get resolved by RH.
This right is denied by the closing documents that applicants have to sign to get their grant although the same closing documents have a contradictory statement that if an applicant goes to court for a RH issue, they must pay the attorneys fees for the state and its agent (ICF and its subcontractors!) if they lose. This would be the case even if the applicant was promised a grant, signed closing papers, and then was wrongfully denied the money or was asked to pay back a large amount of money because of a fraudulently alleged mistake in grant calculation.
SB 636 was a bill just for access to court for RH applicants. It was delayed an extraordinary 5 ½ weeks before the House Appropriations Committee finally considered it. The fiscal note (http://www.legis.state.la.us/billdata/streamdocument.asp?did=501302) was $248 million based upon an estimate of 37,021 applicants appealing from LRA-OCD. This incredible estimate shows how much faith the executive branch has in the acceptance by applicants of the accuracy of grant determinations. The funds are not for court settlements but rather to help the contractor and subcontractors as well as OCD with legal preparation.
SB 740 would have given this access to court and protection against the unusual requirement mentioned above about an applicant having to pay attorney’s fees of the state and its contractors if the applicant lost.
SB 740 would have extended appeals to all applicants under an independent, fair system of administrative judges. These judges used to be at the last level of RH appeal and were well-received by applicants, but were inexplicably dropped from the RH in Nov. 2007.
HB 622 (awaiting the Gov. signature or else will become law if he does not sign and does not veto) involves LRA Board and staff structure. It was stripped of its RH reform amendment.
SB 755 passed both houses and may offer some reflief for RH applicants. See below for details.
The first fiscal note for SB 755 had a wildly inflated $3 billion price tag for the bill and did not even distinguish between RH funds and State General Funds for paying this although almost all the costs would be RH (federal dedicated) funds.
The Additional Compensation Grant: LFO (Legislative Fiscal Office), $1.5 billion; corrected to 0.
Apparently, SB740 was misread. There is no additional expense for this provision. It pertains only to “use of unobligated funds” from the Road Home Program. This $1.5 billion mistake was corrected in later versions of the fiscal note.
Highest of Multiple Valuations had huge price tags in the fiscal notes to SB 740 and SB 755.
Most applicants should have had only one home valuation.
Home valuations (pre-storm value, PSV, the starting point for calculation of most RH grants):
1. AVMs (only desk top and very inaccurate);
2. BPOs with drive-by done by real estate agents (a little better but still no one goes inside the house; these cannot be called appraisals because there is very little documentation of how they get the price and certified appraisers are not required; it all depends on comparables and we know from many sources that the comparables they used were often from far-away homes in very different types of neighborhoods when there were appropriate comps easily available);
3. drive-by appraisals (market analyses); these can be called appraisals because they are done by certified appraisers but they only have to drive by the house; not set foot in front of the house nor in it)
4. full certified appraisals (1004) (these are the only reliable ones, they are required by HUD for HUD/FHA financing of homes; they have much documentation; but RH very infrequently uses them and mostly just in appeals).
The fiscal note declares that this was done on tens of thousands of applications without any full certified appraisal (the gold standard that should have sufficed as a single determination).
1st fiscal note for SB 740 http://www.legis.state.la.us/billdata/streamdocument.asp?did=488434
4th fiscal note for SB 740 and fiscal note for SB 755 http://www.legis.state.la.us/billdata/streamdocument.asp?did=497732 .
Why was the LFO and OCD so inaccurate with numbers as to first use $1.3 billion and then use a number $0.8 billion less for their estimate of the cost of this provision of SB 740?
In addition, the 1st fiscal note for SB 740 stated that Road Home may have violated this highest valuation policy own policy in 65,000 cases
There are 156052-14135 (elevation only) = 141917 applicants for whom RH had to do a grant calculation as indicated at RH’s website: http://road2la.org/newsroom/stats.htm.
For some of these applications, we know that the applicant did not object to the valuation by RH and yet RH did one or more additional valuations and used a later lower one, even though none were the gold standard, full certified appraisal. The contractor, ICF, got more money for every valuation, unnecessary or not, accurate or not.
It seems like this is part of a pattern of discouraging applicants from continuing appeals (applicants can’t get their elevation grant while appealing) and from initiating appeals under new supposedly better procedures announced recently by LRA.
(Awaiting Gov. Jindal’s Signature or Lack of Veto) But Subject To Delays in Unnecessary Implementation by LRA-OCD
http://www.legis.state.la.us/billdata/streamdocument.asp?did=502940
We will have to wait to determine how much relief comes to RH applicants as a result of the passage of this bill. The interpretation awaits clarification.
“In connection with Road Home grant post-closing regulatory
compliance reviews being conducted by the Louisiana Recovery Authority and the office of community development, as to any Road Home applicant who has on or before June 10, 2008, exhausted his remedies of appealing to the Road Home Appeals Panel and further to the office of community development and for whom a decision 1 was issued by the office of community development on or before June 10, 2008, denying the relief sought by the Road Home applicant through his appeal, the Louisiana Recovery Authority and the office of community development shall provide the applicant the opportunity to have the applicant’s grant file reviewed by the third person or agency contracted by the
division of administration to conduct the post-closing regulatory compliance reviews. The applicant shall be afforded the opportunity to receive any grant award or additional disbursement which the review process discloses were eligible amounts which should have been awarded.”
“Any certified property appraisal or market analysis conducted by the
Road Home Corporation or the Louisiana Land Trust shall be binding on the
corporation. If more than one certified property appraisal or market analysis is rendered, the property owner shall receive assistance based upon the higher certified appraisal value or the analysis most favorable to the property owner.”
Difficult, delaying hurdles were added to the bill by the Legislative Fiscal Office at the direction of LRA-OCD about extra approvals (Action Plan Amendments approved by HUD, Gov. Jindal, the legislature once again). However, these were not required for dozens of other changes in LRA-OCD policies similar in scope.
From conversations with federal officials we have learned the following. Applicants who have signed contracts, bills, and building permits for elevation from before Mar. 16 are automatically eligible for the HMGP elevation grant. Their names still have to be sent by the State to FEMA.
Applicants who did not have proof that they started the actual physical work of elevation by Mar. 16 have to get that approval from FEMA before they sign a contract to elevate. Otherwise, they would not be eligible for HMGP-FEMA money although they would be eligible for the RH elevation incentive.
Even if applicants had not started elevation before Mar. 16, they should only have to wait about 2-4 weeks from the time the State sends their name to FEMA until they get approved by FEMA and then can start their elevation if the State sends them notification of FEMA approval rapidly.
A very small percentage of applicants who have special historical or environmental situations will have a longer delay (up to several months, according to a FEMA official) between the time that the State approves them for elevation allowances and sends their name to FEMA and when FEMA approves them.
As of April 10, 2007… ICF does not have an effective process in place to ensure advisors resolve homeowners’ complaints consistently and accurately… We could not accurately determine the number of homeowners, the reasons people are in Resolution, or the aging of cases in Resolution … because the data is not reliable.
We conducted a survey of 30 applicants who are currently in or have completed Resolution… 71% of the applicants we surveyed were not satisfied with the Resolution process. Thirteen of the 15 (87%) of those still in Resolution did not think they received sufficient information on where their case is in the process. Twelve of the 15 (80%) who have completed the process did not think they received sufficient information about the status of their case. .. The 15 applicants whose issues have been resolved wre resolved in an average of 111 days…
In the Feb. 6, 2008 report is the following.
We took a sample of 33, or 4%, of the 777 [dispute resolution] issues to determine how they were closed. We could not determine how 27 of the 33 (82%) files were closed because the comments did not provide sufficient details.
OCD’s response to this report offers the following previously missing definition of when a dispute resolution is concluded.
“On Sept. 14, 2007, OCD accepted the ‘Resolved’ and ‘Closed’ as meeting the metric if the following definitions were followed;
Resolved- The applicant question, concern, or dispute has been researched and has reached final disposition to the extent possible within program policy. The final dispostion has been communicated to the applicant.
Now we are hearing that there will be no more dispute resolution but rather case managers called “PALs.” This report quotes OCD as stating that “All remaining applicants will be assigned a dedicated PAL.”
What about fairness for those who never had the type of resolution of their dispute as defined by OCD and were not able to get a fair appeal?
What about those applicants who, as we hear, still did not get a PAL or have problems with their PAL not following good resolution procedures or not returning calls?
What about those applicants who, as we hear, were told incorrectly that they could not appeal or were not informed about the requirements for appealing, or whose appeal letters were sent by certified mail but ICF said it never received them?
Click here to read about disappearing dispute resolution cases
just in time for ICF to avoid a contract-related fine for too many cases waiting many months without resolution. Data from ICF and from the Road Home review by a company called KPMG
Two New and Much Better Policies for the Road Home Program Advocated by CHAT for Many Months
Here is the LRA press release about these policies.
Friday, December 21, 2007
LRA and OCD Highlight Changes to Assist Road Home Applicants
NEW ORLEANS (December 21, 2007) – Today the Louisiana Recovery Authority (LRA) and the Office of Community Development (OCD) highlighted two important changes that have recently been made to the Road Home program to assist applicants…
FIELD REVIEW APPRAISALS (Change Policy 188G; NOTE THAT THIS FAIR POLICY WAS ABRUPTLY TERMINATED IN MARCH WITH NO NOTICE TO THE PUBLIC!)
The Road Home program is now conducting Field Review Appraisals for applicants who provided their own post-storm appraisals that were not accepted by the Road Home… The Field Review Appraisal process is automatically triggered when a homeowner submits their own post-storm certified appraisal that exceeds 120% of the pre-storm value as determined by the Road Home program…
In addition to this new procedure, for applicants who are currently in Appeals to dispute their pre-storm value, the Road Home program will now offer the option of having a full appraisal, known as a 1004 appraisal which is provided by the Road Home Program and conducted by a Louisiana certified appraiser.
This procedure is now in place and was effective as of November 9, 2007. All homeowners are being notified of this change and homeowners with questions are encouraged to contact a member of the dispute resolution staff of the Road Home.
WRITTEN DOCUMENTATION (Change Policy 189A)
In an effort to increase outreach to applicants and assist them to better understand their status in the Road Home program, this change provides a homeowner with written documentation at various stages of the Road Home process. Effective as of January 1, 2008, there are three key points of information that this change of communications will address:
The exact amount of grant awards under options 1, 2, and 3.
Details about dispute resolution status and outcomes.
Current status of the application and details about any information found to be missing from it…
Pre-storm value
Estimated Cost of Damages
The Road Home Program was designed by the LRA and is administered by the Division of Administration’s Office of Community Development (OCD) and its contractor, ICF International…
“Homeowners can now expect to get all the data for determining their grant award and commitments from Road Home staff in writing, and they can expect to get independent appraisals on their homes, said Melanie Ehrlich, a member of the LRA’s Housing Task Force and Co-Chairman of the Citizens’ Road Home Action Team (CHAT). “These new policies are important, and we want to make sure that homeowners know that these changes are now in place.”
Determining the pre-storm value of the applicant’s house is the starting point for grant calculations
CHAT was a major influence in acceptance of homeowner-purchased Louisiana-licensed appraisals by Road Home in January of 2006.
Full certified appraisals are the gold standard for determining the value of a house.
However, those appraisals were not be used, and often were not even put in the applicants’ file, if they were more than 20 percent higher than the less accurate determinations of pre-storm value by the RHP.
Therefore, the appraisals were not used in the cases of the most erroneous RHP valuations. RHP officials told CHAT that it is HUD regulations based upon fear of fraud that set the cap of no more than 20 percent difference.
More than one year later after many hours of discussion between RH officials and CHAT members, especially Mr. John Murden, a Louisiana certified appraiser, on Nov. 9, 2007, the FIELD REVIEW APPRAISAL policy was accepted.
This improved policy is called Change Policy or CP 188G.
The new policy states that the RH will now have a certified appraiser check the accuracy of homeowner-supplied certified appraisals that were previously not accepted by the Road Home because they were too high.
This checking will be done by a Field Review Appraisal conducted by a Louisiana certified appraiser for applicants who provided their own post-storm appraisals.
Although this policy was approved Nov. 9 and, at the urging of CHAT, described in a press release in mid. December, CHAT received numerous complaints that when applicants asked about these field review appraisals, they were often told by ICF staff that they were unaware of the policy.
In addition, ICF staff and OCD officials have maintained that no applicants were told that their certified appraisals could not be in their files because they were too high.
We know of many instances of homeowners being told that ICF would not accept a copy of their appraisal for their file. We also know of applicants waiting fruitlessly since fall of 2007 for a field review appraisal of their purchased full certified appraisal so that it could be validated. NOW THE FIELD REVIEW POLICY, A FAIR ONE, WITH RH-APPOINTED FIELD REVIEW APPRAISERS TO VALIDATE APPLICANT-PURCHASED CERTIFIED APPRAISALS, HAS BEEN DISCONTINUED!
If the Road Home Program is not recording the LA certified appraisal that you paid for, click here to take our survey and record the details of your award letter, phone and email contact, and your attempt to submit your appraisal after Nov. 9, when the new policy below went into effect; CHAT will try to follow up on this
From a member of CHAT, these links are provided for those in danger of foreclosure on their home mortgages.
http://www.bankrate.com/brm/news/mortgages/20071018_foreclosure_counseling_a1.asp?caret=2
http://www.bankrate.com/brm/news/mortgages/20070906_mortgage_workouts_a1.asp?caret=1
http://www.homeloanlearningcenter.com/YourFinances/ForeclosurePreventionResourceCenter.htm
http://www.housinghelpnow.org/
HUD advice on foreclosure: http://www.hud.gov/foreclosure/index.cfm
IRS Questions and Answers on Home Foreclosure and Debt Cancellation http://www.irs.gov/newsroom/article/0,,id=174034,00.html
Click here and see the bottom of the webpage for a link to all past pipeline reports (weekly updates from ICF, the contractor, to the state) including the Nov. 21, 2006 report with the promise of the ombudsman.
There are no dues. There are only 1-2 informational emails a week and your email address will be shared with no one else
This has been a powerful tool to uncover problems in the Road Home Program. You may give any comments you like about the program at the end of the survey.
Important excerpts about Appraisals and Appeals
CP16A&17_ElderlyExempt_3&4Units
CP30&38_AdditonalCompensation_ExpressInterviews
CP_40-44_AssistCenters_47_Self Certification Insurance_49E_PSV&LA_CertAppraisals_1_14_07
CP53_54_55F_Demolished Houses_Condos
CP75 & 75 Single Family Multiunits and LA Certified Appraisals and Appeals
CP80-86 Option 2 Before Buying House and Applicants’ Data Overriding FEMA data
Mobile Home BPOs, Mineral Rights, and Military Forced To Move
CP100C Time Deadlines for Appeals
CP112B Minimally Damaged Manufactured (Mobile) Homes
CP165 Changing from Option 1 to Option 2 or 3
CP190 Option 3 for Applicants Moving Elsewhere in LA But Not Buying a House
These were unanimously endorsed by the Louisiana Recovery Authority Board in April.
By law, you may send a public records request.
According to the law, the Road Home should then send to you a copy of all your records from the Road Home by sending a certified letter in a special format (click here for information). By law, you are supposed to get some meaningful reply from the State within 5 days. If you do not, send a copy of your letter to chatlra@yahoo.com, and we can give you a template for a follow-up letter. Legally, you have the right to sue for this information on your own application, although it is not easy to do and costs money.
New Information on Avoiding and Fighting Unfair Liens Placed On Your Home
A contractor has the right to place a lien on a home if the owner does not pay for work done to the house. However, unscrupulous contractors may put an illegitimate lien on a property with damaging consequences to the homeowner.
See http://LouisianaREBUILDS.info
Contractor Guide under "Protect Yourself from Fraud" for information on avoiding and fighting bad liens.
Or click on: http://louisianarebuilds.info/node/2845
To contact CHAT, email chatlra@yahoo.com