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"If you are not willing to learn,
no one can help you.
If you are determined to learn,
no one can stop you."
-- Zig Ziglar --
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Effective today - March 3, 2021
CFPB Rule Clarifies Tenants Can Hold Debt Collectors Accountable for Illegal Evictions
The Consumer Finance Protection Bureau has issued an interim final rule regarding evictions and debt collection. See their press release by clicking here. You can read the interim rule itself by clicking here. CFPB's "Fast Facts," may be found here.
Briefly, according to the CFPB, debt collectors, including attorneys, seeking to evict tenants for non-payment of rent must provide tenants who may have rights under the CDC order with clear and conspicuous written notice of those rights. The notice must be provided on the same date as the eviction notice, or if no eviction notice is required by law, on the date the eviction action is filed.
Debt collectors must provide the notice in writing. Phone calls or electronic notices such as text messages or emails are not sufficient. The CFPB is providing debt collectors with sample language to satisfy the rule’s disclosure requirements.
Failure to provide the required notice to tenants is a violation of the Fair Debt Collection Practices Act (FDCPA). The FDCPA provides a private right of action against debt collectors, and violators can be held liable for actual damages, statutory damages, and attorney’s fees. Class actions may be brought under the FDCPA.
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President Biden Unveils the "American Families Plan"
On last Wednesday (4/28), President Biden unveiled his “American Families Plan” which calls for $1 trillion in new spending, $800 billion in new tax credits and aims to significantly expand access to preschool and community college, as well as childcare and health care benefits. To offset these programs, President Biden proposes some significant changes to the tax treatment of real estate. These changes include changes in treatment of estates, including a “step up” in basis on assets transferred to heirs; increases to the capital gains tax; and a limitation of $500,000 in real property that utilizes a like-kind exchange. Real Estate professionals, along with the MH industry are working to identify areas of concern. MHI will continue to work with Congress to convey the importance of these tax provisions to the manufactured housing industry, and the availability of affordable housing to American families.
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Governor Lee ends public health orders, mask mandates across Tennessee. |
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Tennessee remains in a limited State of Emergency, related to the COVID-19 pandemic, until 11:59 pm, CST, May 31, 2021.
(Issued 4/27/2021)
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HIGHLIGHTS
- Removes the authorization for mask mandates to be imposed locally.
- Extends various deregulatory provisions.
- Maintains federal funding.
- Retires the “Tennessee Pledge” guidance, published at the onset of the pandemic.
- Announces the availability of walk-up vaccination options.
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Today’s Manufactured Home Financing Process
What Retailers Need to Know
May 20 from 2:00 - 3:00 PM Eastern
Sponsored by McGlinchey and UMH Properties, Inc.
Join MHI's May webinar as the industry discusses retail financing. Whether selling homes as part of a land-home package or in a land-lease community, retailers must know their responsibilities to ensure homebuyers know their financing options and to stay compliant with lending regulations. Join manufactured home lenders as they discuss today’s mortgage financing options and what retailers need to know to help their customers purchase the homes of their dreams.
Registration is $25 per person. Click the registration link below.
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Higher Education Tuition Reimbursement Expanded for Members of the Tennessee National Guard
On April 22nd, Governor Lee signed HB83 which expands the Strong Act of 2017, supporting our National Guard servicemen and women. This was a key legislative initiative for Governor Lee's administration, and the new law will enhance educational opportunities for those who protect and serve our state and country.
Specifically: As enacted, extends eligibility for tuition reimbursement provided to members of the Tennessee national guard under the STRONG Act of 2017, to include technical certificates and diplomas and certain graduate programs; extends, from June 30, 2021, to June 30, 2025, the date on which the act will be repealed. - Amends TCA Title 49, Chapter 4, Part 10.
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Emergency Rental Assistance
administered by:
The Tennessee Housing Development Agency (THDA)
(615/815-2200)
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Director your tenants to the COVID-19 Rent Relief program web page for answers to general questions, eligibility and application information, as well as payment and processing questions.
Special Note:
Tenants in Davidson, Knox, Rutherford, and Shelby County/Memphis will NOT BE ELIGIBLE for THDA funds and will need to contact their local government for more information on local rent relief programs. Click on the respective county above to be redirected to access for applying for funds in those areas.
DISCLAIMER:
Any suspected fraud in connection with COVID-19 Rent Relief Program should be reported to THDA for immediate review. THDA reserves the right to decline funding or participation if it is determined that fraud has occurred.
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Tennessee State Legislative Recap
Weekending: April 30th
The 112th General Assembly convened on last Monday, with the intentions of closing any standing committees remaining open, with exception to each respective chamber’s Finance, Ways, & Means Committee, and passing a balanced budget.
On Tuesday, the legislature first presented their budget amendment in the Senate Finance, Ways, & Means Committee. By noon on Thursday, both chambers voted to approve the budget and sent it to Governor Lee’s desk for signature.
Among the most notable items included in the passed budget are:
- $250 million for the legacy pension plan;
- $250 million to establish a K-12 Mental Health Trust Fund;
- $100 million for broadband expansion;
- $100 million to Tennessee’s rainy day fund; and
- $100 million for local governments.
In addition to passing a balanced budget totaling over $42 billion, the House State Government, Local Government, and Criminal Justice Committees completed their business for the year.
This week (May3rd), the legislature will consider bills that were placed behind the budget, before planning to adjourn for the year, by the end of the week.
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MEMBER NOTICE - SAVE THE DATE
VIRTUAL MEMBER'S MEETING
ON JUNE 28, 2021; 2:00PM CST
THA Members should e-mail Rhonda at Office@tnmha.org to request your RSVP event link.
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ELECTIONS OF OFFICERS AND DIRECTORS for
2021- 2022 THA BOARD OF DIRECTORS
June 28, 2021 - General Membership Zoom Meeting
Presiding
Don Sharp, Triad Financial Services
Immediate Past President; and
THA Nominating Committee Chairman
THA’s Nominating Committee has completed the annual nomination process for the 2021 - 2022 slate of Officers and Directors, for THA member voting consideration.
Officers are elected to a one (1) year term and may be re-elected to an unlimited number of terms with no more than two (2) consecutive terms within the same position.
Directors are elected to a two (2) year term, and may only serve two (2) consecutive terms within the same position.
This year’s elected candidates will begin their respective terms on July 1, 2021. As always, members have the right to bring nominations from the floor.
Please note the following Directors are currently serving a term which DOES NOT expire until 2022.
- Builder/Developer Director: Aaron King, Giles Homes [1st Term]
- Community Director: Brad Honeycutt, YES! Communities [2nd Term]
- Retailer Director: Betty Davis, Clayton Homes of Lexington [2nd Term]
- East TN Regional Director: Corey Barnes, CMH Homes, Inc. [1st Term]
1. OFFICERS: - The following Officers are slated for Member voting consideration . 1-Year Term.
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President (1st Term) Matt Kerlin, 21st Mortgage Corporation
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Vice President (1st Term) Owen Robertson, UFP Distribution, LLC
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Secretary (1st Term) Rhyn Brogden, HouseSmart Construction
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Treasurer (1st Term) Matt Belcher, Clayton Appalachia HBF
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Immediate Past President position will be filled by : Kevin Klotzbach, CMH Homes, Inc. (Bylaws)
2. DIRECTORS: - The following Directors are slated for Member voting consideration. 2-Year Term.
- 'At Large' Director: Ronny Robertson, Clayton VP of Operations [2nd Term]
- Community Director: Mark Vaughn, A & L Mobile Home Village [1st Term]
- Installer/Transporter Director: Ryan Andresen, Clayton Connect [2nd Term]
- Installer/Transporter Director: Ronnie Sechrest, On The Level [2nd Term]
- Insurance/Finance Director: Paula Reeves, CIS Financial [2nd Term]
- Insurance/Finance Director: Rob Peterson, Credit Human [2nd Term]
- Manufacturer Director: Marty Mansfield, Clayton Rutledge HBF [1st Term]
- Manufacturer Director: James McGee, Deer Valley Homebuilders 2nd Term]
- Retailer Director: Juha Miettinen, CMH Homes, Inc. (TN Region) [1st Term]
- Service/Supplier Director: Jenette McFall, Blevins, Inc [1st Term]
- Service/Supplier Director: Scott Oliver, Oliver Technologies, Inc [2nd Term]
- Northeast TN Regional Director: Marc Helton, Clayton Homes of Johnson City [1st Term]
- Mid-TN Regional Director: Wade Wells, Fleetwood Homes of TN [2nd Term]
- Mid-West TN Regional Director: Marty Hebert, Clayton Homes of Dickson [2nd Term]
- West TN Regional Director: Christine Lindsey, UMH Properties, Inc. [1st Term]
3. Appointment of Service - MHI Delegate: James McGee, Deer Valley Homebuilders, Inc.
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Excellence in Manufactured Housing Awards
Submissions Opening in May
MHI has announced the 2021 MHI Excellence in Manufactured Housing Awards will open for submissions in early May. This MHI awards program honors members whose achievements are leading the way for the manufactured housing industry. Awards submissions will open in May, with winners being announced in July of 2021. A full listing of awards categories and submissions information can be found online.
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MANUFACTURED HOUSING INSTITUTE (MHI) |
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Dr. Lesli Gooch
Chief Executive Officer, MHI
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Mark Bowersox
President, MHI
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MHI Meets with Administration to Discuss Rental Assistance Funding, Eviction Moratorium
MHI and its coalition of national housing trade associations met with senior leaders from the Administration, including the White House, Department of Treasury and the Department of Housing and Urban Development, to address concerns with the implementation of the Emergency Rental Assistance (ERA) Program and the need for states and localities to distribute the funding in a timely and efficient manner to residents and property owners. During the meeting, MHI and its coalition partners outlined the challenges that property owners are experiencing with accessing the ERA funding and that any further extension of the eviction moratorium will only continue to hinder the housing market including renters and property owners.
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Congressional Hearings About the Country’s Affordable Housing Shortage
HUD Secretary Marcia Fudge testified at two Congressional hearings last week in Congress during which she talked about the importance of FHA financing and the importance of addressing exclusionary zoning and harmful land use policies at the local level that impact the availability of housing, including manufactured housing. As Congress continues its consideration of ways to address the nation’s affordable housing shortage, MHI has been working with our champions in Congress, about how manufactured housing should be a part of the affordable housing solutions they are developing
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First-Time Homebuyer Assistance Proposals in Congress
Several proposals are emerging about the creation of a tax credit or downpayment assistance program for first-time homebuyers.
The House Financial Services Committee released a discussion draft of the “Downpayment Toward Equity Act of 2021,” which is a grant program for states to be used for downpayment assistance to first-generation home buyers designed to address the racial homeownership gap. The bill would allow first-time homebuyers, defined as those who have not owned a home in the prior three years and who are also first-generation homebuyers, to receive up to $20,000 in downpayment assistance at closing, or $25,000 in assistance if the home buyer qualifies as a “socially and economically disadvantaged individual.” Click here to read the “Downpayment Toward Equity Act of 2021.”
Representative Earl Blumenauer (D-OR), a senior member of the House Ways and Means Committee, alongside Rep. Jimmy Panetta (D-CA), also introduced legislation, called the “First-Time Homebuyer Act,” which is targeted to low- and middle-income earners. The legislation would create a refundable tax credit worth up to 10 percent of the purchase price – or $15,000 – for the purchase of a home. In order to be eligible for the full credit, potential buyers must not have owned or purchased a home within the past three years. This legislation aligns closely with President Biden’s proposal from the campaign and is not limited to first-generation home buyers. Click here to read the "First-Time Homebuyer Act."
MHI is working to ensure consumers seeking to purchase a manufactured home would qualify for such programs.
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MHI Urges FHFA to Support Manufactured Housing as it Addresses Climate Change and
Natural Disasters
As the Federal Housing Finance Agency (FHFA) considers the impact of climate change and natural disasters on our nation’s housing finance system and the need for Fannie Mae and Freddie Mac (the Enterprises) to address these risks, MHI submitted comments to FHFA about how today’s manufactured homes can be a part of this consideration from both the efficiency and resiliency perspectives. MHI urged FHFA to support further involvement by the Enterprises in expanding access to financing for manufactured housing, which as a result of the federal building code offers resilient homeownership opportunities and an efficient homebuilding process. Further, MHI argued that FHFA should continue to hold the Enterprises responsible for meeting their statutory Duty to Serve obligations to serve manufactured housing for both chattel home loans and homes titled as real estate.
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2020 Duty to Serve Annual Reports Published, Upcoming Listening Sessions Announced
The Federal Housing Finance Agency (FHFA) has published Fannie Mae’s and Freddie Mac’s (the Enterprises) 2020 Duty to Serve (DTS) Annual reports. The reports, which Fannie Mae and Freddie Mac prepare and submit to FHFA, describe their actions and progress toward achieving the objectives in their 2020 Underserved Markets Plans. FHFA is in the process of evaluating the Enterprises’ 2020 performance. The results of its evaluations and ratings of the Enterprises’ 2020 performance will be published in FHFA's 2021 Annual Housing Report to Congress. Click here to read the annual reports.
According to the report, Fannie Mae and Freddie Mac purchased 16,962 and 6,634 loans, respectively, secured by manufactured homes titled as real property. However, neither Enterprise purchased nor demonstrated any activity with respect to personal property loans. Through comment letters and participation in listening sessions, MHI continues to call on FHFA to hold the Enterprises accountable for fulfilling their DTS objectives and that more support by FHFA, Fannie Mae and Freddie Mac in the manufactured housing market is needed to strengthen homeownership opportunities for millions of Americans who are hurting by unaffordable rents and the shortage of adequate housing options.
FHFA also announced it will host virtual listening sessions on the Enterprises proposed 2022-2024 DTS Plans which are to be published in mid-May. The date for the DTS manufactured housing listening session is July 14, 2021. MHI will submit formal comments on the Enterprises 2022-2024 DTS Plans, as well as use this upcoming listening session, to push for Fannie Mae and Freddie Mac to increase their volume of financing for consumers seeking homeownership through manufactured housing.
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The THA 2021
Political Action Committee (PAC) Campaign
In 2021, please support the THA-PAC, to assist THA's continuance of educating key lawmakers on the importance of our industry, while also providing general counsel in ways of promoting manufactured homes as a viable option for addressing the affordable housing crisis.
Thank you! $5700 was received in April!
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Thank you Iron Horse Belleglade, LLC, for kicking off the 2021 PAC Campaign
with your January 7th donation of $500.
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2021 Webinar Series: Shoot for the Moon
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Free Webinars
Powered/Sponsored by: ManufacturedHomes.com and
LearnMH.com
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Upcoming Free Webinar
Thursday, May 6, 2021, 2 PM ET
Developing Manufactured Housing Communities
with Maria Horton of Newport Pacific;
Jim Ayotte - Florida MH Association
Mike Wnek - Jacobsen Homes
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SAVE THE DATES
Thursday, May 20, 2021, 2 PM ET
Keeping Afloat through the COVID Recovery
with Russ Stevens - Co-Founder & Coach Association of Professional Builders
Thursday, June 3, 2021, 2 PM ET
The New HUD Code Changes and the Evolution of Manufactured Housing
with Manny Santana -Cavco and Devin Leary - Hanebrink, McGlinchey
Thursday, June 17, 2021, 2 PM ET
GSE Economic Update
with Len Kiefer - Freddie Mac Economist
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Available Daily
Licensing Education - Online Access
Initial Licensing - Jan thru Nov
Continuing Education - Jan thru Early Dec
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SAVE THE DATE
THA Board of Directors & Members
Virtual Meeting - June 28, 2021
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THA Annual Member's Event Postponed
Now Scheduled for June 26 - 28, 2022
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In light of the 2021 Annual Meeting postponement, THA Members are encouraged to e-mail Rhonda at Office@tnmha.org, to receive a Zoom access link to attend a June 28th, online presentation of the Annual THA 'State of Affairs', along with participation in the election of new THA Board of Directors and Officers.
Only THA Members who RSVP Rhonda will receive access to the June 28th, 2021 virtual event.
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The June 28th, 2021, virtual online event will coincide with a meeting of the THA Board of Directors.
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Important Links/Downloads
for your Information & Research
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MH Advantage Program - Tools For Retailers |
ManufacturedHomes.com has created resources to help retailers understand MH Advantage financing, how it works, what homes qualify, and the solution it provides for your customers.
Access helpful tools, educational videos, and important information to learn more about the program.
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MH Regulatory Resources
(Key Links)
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Need to teach your children or grandchildren about fire safety?
Lots of fun videos to watch, games to play and activities you can do together! The kiddos will love it!
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MAKE A FAMILY EMERGENCY PLAN!
ALWAYS BE PREPARED!
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