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From : Lila Hayes
Sent : Wednesday, April 20, 2005
Subject : OFRG weekly update

 

Meeting Reminder

For this week's meeting (Sunday, April 24 at 2PM) we will have James Shepard of McGraw-Hill Construction services speaking about their construction bidding services.
 
Due to renovations of the room we usually meet in, we will be meeting in the Youth Building across the parking lot.  We will resume meetings in the regular location (scheduled completion May 1) when construction is complete.
 
Lila Hayes
Old Fire Recovery Group
www.oldfirerecoverygroup.org
909-266-1459 vm/fax
 
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Index
 1. More Insurance Reform via Legislation
 2. One Year Wildfire Survivor Organization summary reports - sponsored by Community Partners
 3. Interest on your mortgage escrow account
 4. SB2 (Speier) update
 
In The News
 1. Local [San Diego] fire victim receives first solar rebate from “Rebuild a Greener San Diego” program, April 13, 2005, East [San Diego] County Gazette
 
On The Web
 1. The Use of Insurance Credit Scoring, a Michigan report
 2. Insurance Commissioner John Garamendi Takes Strong Regulatory Action to Stop Insurers'
     “Use it and Lose it” Practices in Homeowners Insurance Market
 3. More information about Homeowner's insurance by the California Department of Insurance
http://www.insurance.ca.gov/PRS/PRS2005/Release040-05.htm
 4. Find your state representatives
 
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1. More Insurance Reform via Legislation
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SB 518 (Kehoe)
 
Summary
(1) Requires insurance companies to extend Loss of Use (ALE) for victims in a declared disaster to TWO years from the standard one year limit articulated in most policies.
(2) Requires insurance companies to provide a copy of your current in-force policy to the claimant within 21 days of the request from the claimant to do so.
(3) Requires insurance companies to file detailed accounts of their losses in each ZIP code twice each year.
 
Check the website HERE for the amendments which are sure to come
http://info.sen.ca.gov/cgi-bin/postquery?bill_number=sb_518&sess=CUR&house=B&site=sen
 
Get involved and contact your Senator to let them know how you feel.
 
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2. One Year Wildfire Survivor Organization summary reports - sponsored by Community Partners
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A few months ago we [at Community Partners] invited two promising journalists from Occidental College, Linda Vu oxyvu@oxy.edu and Skyler Swezy swezy@oxy.edu, to research and interview people involved in the work of long-term recovery groups in the communities stricken by the 2003 wildfires.  I am pleased to pass along the product of their hard work with this email [links to follow].  I think you will agree that Linda and Skyler have captured the essence of your work through the examples and highlights featured in their stories.  I know they would both appreciate hearing thoughtful responses to their work from you.  For the newspaper writers who receive periodic emails from the 2003 Fire Recovery Initiative, we would especially value your passing these stories along to your editors for consideration as guest feature stories in your newspapers or through your news outlets.  Meanwhile, I want to commend to your reading the work of Linda and Skyler and thank them publicly for what they have done.  We plan to eventually publish these stories -- or reprints of them if they are picked up first by newspapers or news outlets -- as addenda materials to our recent publication From Chaos to Community: A Guide to Helping Friends and Neighbors Recover and Rebuild After a Major Disaster, which I have attached once again in PDF format to this email [link to follow].
 
-Paul Vandeventer of Community Partners can be reached at paulv@communitypartners.org
 
Linda's story about San Bernardino recovery effort can be read HERE
http://members.cox.net/lila-jo/ofrg/files/San_Bernardino_Fire_Recovery_article.pdf
 
Skyler's story about San Diego's recovery effort can be read HERE
http://members.cox.net/lila-jo/ofrg/files/San_Diego_Fire_Recovery_article.pdf
 
From Chaos to Community can be read HERE
http://members.cox.net/lila-jo/ofrg/files/From_Chaos_to_Community.pdf
 
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3. Interest on your mortgage escrow account
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If you have/had a mortgage and your insurance company probably made your structure reimbursement checks out to both you and your mortgage company.  From what I've heard they were only supposed to make the structure portion out to both you and your insurance company and also the amount of the check made out to both you and the mortgage company might even be limited to the amount of your mortgage (meaning that you can insist they cut two checks). 
 
Although each lender has different policies (other variables include the amount of your insurance check, the value of the land and the amount of your loan), the mortgage company likely kept some of that money. 
 
Although the exact amount of money they're allowed to keep is still not exactly clear to us (go to our website at www.oldfirerecoverygroup.org, click on Resources then on Professional Issues and scroll down to the Mortgage section for more info) the amount of interest they are supposed to pay on this account is now being discussed on the San Diego Yahoo Group (which anyone can join or even just read the posts at http://groups.yahoo.com/group/cfrrg/).
 
Here is the latest post which I found most informative:
From: "Schahrzad Berkland"
Date: Wed Apr 20, 2005  5:26 am
Subject: Re: [cfrrg] Interest that mortgage companies are to be paying us
 
I researched this before. The only laws on escrow accounts is HUD's Real
Estate Settlement Procedures Act. It sets limits on the amounts that a lender
may require a borrower to put into an escrow account for purposes of paying
taxes, hazard insurance and other charges related to the property. In 1992 and
1993, legislation was introduced in Congress that would have required lenders to
pay interest on escrow account balances, but it never passed. Some states do
require interest to be paid on escrow account funds, but many do not. As you
noted, California is one state that does require interest be paid, and the rate
is 2%.
 
I e-mailed the Insurance Commissioner a few months ago, and noted that we need
similar laws for restricted escrow accounts arising from insurance
reimbursements. Perhaps a letter would have been better, because I did not get
a response. I was frustrated because my mortgage company was holding onto my
money and slow in disbursements. It felt like a tug of war. I wondered if they
can use our funds to increase their reserves, and thus increase their loans,
because they were so reluctant to make the proper payments. It was only after I
wrote a letter to the Office of Thrift Supervision that my disbursements were
quick.
 
These are the pertinent sections from the California Code, and they apply again
only to real estate transactions.
 
California Financial Code 854.1
854.1. Notwithstanding Section 10145 of the Business and
Professions Code or any other provision of law, but subject to the
limitations of Section 854, benefits accruing from the placement in a
non-interest bearing account of a commercial bank (including a
national banking association) of funds received by a real estate
broker who collects payments or provides services in connection with
a loan secured by a lien on real property under subdivision (d) of
Section 10131 or Section 10131.1 of the Business and Professions Code
shall inure to the broker, unless otherwise agreed in writing by the
broker and the lender or note owner on the loan. A borrower shall
receive at least two percent simple interest per annum on impound
account payments covered by Section 2954.8 of the Civil Code.

California Civil Code Section 2954.8
 
2954.8. (a) Every financial institution that makes loans upon the
security of real property containing only a one- to four-family
residence and located in this state or purchases obligations secured
by such property and that receives money in advance for payment of
taxes and assessments on the property, for insurance, or for other
purposes relating to the property, shall pay interest on the amount
so held to the borrower. The interest on such amounts shall be at
the rate of at least 2 percent simple interest per annum. Such
interest shall be credited to the borrower's account annually or upon
termination of such account, whichever is earlier.
(b) No financial institution subject to the provisions of this
section shall impose any fee or charge in connection with the
maintenance or disbursement of money received in advance for the
payment of taxes and assessments on real property securing loans made
by such financial institution, or for the payment of insurance, or
for other purposes relating to such real property, that will result
in an interest rate of less than 2 percent per annum being paid on
the moneys so received.
(c) For the purposes of this section, "financial institution"
means a bank, savings and loan association or credit union chartered
under the laws of this state or the United States, or any other
person or organization making loans upon the security of real
property containing only a one- to four-family residence.
(d) The provisions of this section do not apply to any of the
following:
(1) Loans executed prior to the effective date of this section.
(2) Moneys which are required by a state or federal regulatory
authority to be placed by a financial institution other than a bank
in a non-interest-bearing demand trust fund account of a bank.
The amendment of this section made by the 1979-80 Regular Session
of the Legislature shall only apply to loans executed on or after
January 1, 1980.
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4. SB2 (Speier) update
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As you might recall, last November State Senator Jackie Speier (who is on the Banking, Finanace and Insurance Committee) held a public hearing in San Diego asking about how homeowners felt they were being treated by their insurance company.  Two fire survivors from San Bernardino drove down to testify and I was also there to represent San Bernardino.  Senator Nell Soto also was in attendance.  To read the transcript of the hearing you can click HERE or http://www.senate.ca.gov/ftp/sen/committee/standing/banking/transcripts/11-15-04_up_in_smoke_transcript.doc.
 
As a result of this hearing Senator Speier introduced SB2 which you can read more about at
http://info.sen.ca.gov/cgi-bin/postquery?bill_number=sb_2&sess=CUR&house=B&site=sen.
 
Please learn more about this legislation and become involved by contacting your local State Senator
http://www.senate.ca.gov/~newsen/senators/senators.htp and telling them what you think of the bill.
 
A group of people in San Diego recently went up to Sacramento to testify in favor of the bill.  Here is Karen Reimus' account of what happened.
From: Reimus1@aol.com
Sent: Thursday, April 07, 2005 5:07 PM
Subject: SB 2 Status
 
Dear Friends,
 
Senator Jackie Speier's homeowner's insurance reform bill, SB 2 came up for hearing in the Senate Banking, Finance & Insurance Committee yesterday.  As you all know, her bill was drafted in direct response to compelling testimony provided by the San Diego Fire Survivor community last November.
 
I flew to Sacramento yesterday morning and personally testified in support of the bill.  Legislating change is difficult and it was clear that some of the Senators could not fully understand the difficulties we have faced.  For example, one of the Senators suggested that disaster victims should just live with their extended families while their home is being rebuilt, rather than collecting ALE.  Hmmmmm. 
 
The bill was debated yesterday and will be voted on, on Wednesday, April 20.  Perhaps most surprising to me was that the senator from our area - Senator Dennis Hollingsworth did not appear to support the bill.  While the bill was not voted on yesterday, I would have predicted a "No" vote from him given his demeanor and questions during debate.
 
We have all been through a lot.  It would be nice to know that we at least helped others from having to go through some of the same crap. 
    
It was a long day yesterday.  I arrived in Sacramento at 11:30 a.m.  The hearing on SB2 was delayed and I didn't testify until about 5:30 p.m.  Then, hearing Senators say that we should have all just lived with our families until our home was rebuilt didn't do a lot for me.  I literally had to run through the Sacramento airport to make my 7:15 flight home.  Man, was I happy to return to San Diego.  I will be praying that the nightmare we all lived through will contribute to something good happening for someone in the same situation in the future.
 
Kind regards to all,
Karen Reimus
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In The News
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1. Local [San Diego] fire victim receives first solar rebate from “Rebuild a Greener San Diego” program

East County Gazette

Volume 5 number 42; April 13-19, 2005

The San Diego Regional Energy Office (SDREO), City of San Diego and San Diego Gas & Electric (SDG&E) held a special ceremony recently to present the first rebate check for a residential solar (photovoltaic) installation from their partnership program, Rebuild A Greener San Diego (RGSD).  The program provides special rebates and incentives for energy efficiency and solar power to San Diegans who rebuild homes destroyed in the wildfires of October 2003.

San Diego City Councilmember Brian Maienschein presented the ceremonial check for $9,617 to Bret and Nicole Fitzpatrick at their newly rebuild home located in Scripps Ranch.  Maienschein noted, “Using the rebates from the Rebuild A Greener San Diego program, the Fitzpatrick’s have rebuilt their home even better than before by installing a solar power system.  They generate their own green power and they’re helping the community by taking a load off the grid and improving air quality.”

Scott Anders, director of Policy and Planning for SDREO, offered his own observations.  “Speaking as someone who also lost his home during the fires of 2003, I’m very impressed by the Fitzpatrick’s accomplishments.  My wife and I are still in the planning phase with our replacement house while Bret and Nicole are already living in theirs!  I’m jealous!  At least Abby and I will also be installing a photovoltaic system in our new hose using rebates from Rebuild.  If all goes as planned, they should save us almost 50% of the total cost,” said Anders.

Michelle Mueller, Vice President of Customer Services for SDG&E, added, “Rebuild is all about encouraging people to build more efficient homes that can also generate their own power.  However, even if people aren’t able to take advantage of the rebates, the program also offers free educational workshops that can help homeowners through the planning process. From fire-resistant landscaping to more efficient lighting and insulation, homes can be designed that cost much less to maintain and have lower utility bills.  Even a simple site change can have a dramatic impact on energy use.”

In accepting the check, Bret Fitzpatrick noted, “In a perfect world, no one would ever have to go through a fire and rebuild their home.  Unfortunately we did.  At least in rebuilding we were able to do something that will help the community.  I strongly encourage others who are still in the process to learn about this program.  The energy efficiency rebates and cost savings over a relatively short period can completely pay for the simple upgrades involved.”

Rebuild a Greener San Diego offers financial incentives of up to $2,000 for using energy-efficient materials and installing energy-efficient equipment in a rebuilt home.  The program also provides rebates for solar electric systems of $4.00 per watt.  For example, a typical 2500-watt residential system would be eligible for $10,000 in rebates.  Rebuild also sponsors free home planning, design and construction workshops and seminars in local communities throughout San Diego County that are open to the public as well as those who lost their homes in the October 2003 wildfires.

For more information on “Rebuild a Greener San Diego,” visit http://www.rebuildsandiego.org or call the program hotline toll free at 1-877-284-5373.

This program is a partnership between the San Diego Regional Energy Office, the City of San Diego, the County of San Diego and San Diego Gas & Electric.  Primary program funding is provided by California ratepayers under the auspices of the California Public Utilities Commission with secondary funding from the program partners.

 
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On The Web
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1. The Use of Insurance Credit Scoring In Automobile and Homeowners Insurance, A Report to the Governor, the Legislature and the People of Michigan, by Frank M. Fitzgerald, Commissioner Office of Financial and Insurance Services, December 2002
http://www.michigan.gov/documents/cis_ofis_credit_scoring_report_52885_7.pdf
 
2. Insurance Commissioner John Garamendi Takes Strong Regulatory Action to Stop Insurers' “Use it and Lose it” Practices in Homeowners Insurance Market
 
The Commissioner proposes new regulations in his two-year battle to protect policyholders from unfair and discriminatory practices by insurers
 
LOS ANGELES – Calling insurers “dead wrong” for canceling or non-renewing homeowners who file a legitimate insurance claim, Commissioner John Garamendi on Thursday announced new regulations to protect homeowners from unfair “use it and lose it” practices.
 
[more HERE]
http://www.insurance.ca.gov/PRS/PRS2005/Release040-05.htm
 
3. More information about Homeowner's insurance by the California Department of Insurance
http://www.insurance.ca.gov/docs/FS-Consumer.htm
 
4. Find your state representatives
Find your state senator by going HERE and clicking on "Your Senator" on the left.
http://www.senate.ca.gov/~newsen/senators/senators.htp
 
To find your Assembly Rep click HERE and click on "Find My District" on the left.
http://www.assembly.ca.gov/defaulttext.asp
 
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Old Fire Recovery Group
www.oldfirerecoverygroup.org
909-266-1459 vm/fax