Counselee & Participant Agreement
Dear Counselee & Participant
Upon completion of your contact form an Action Plan to aid you in the foreclosure prevention process in order to prepare you as you move forward in the process.
Please understand that there is a high volume of homeowners who are in similar situations and we are trying our best to meet their needs as our capacity will allow:
I UNDERSTAND THAT:
1. Home Preservation and Prevention Inc HPP CARES provides counseling advice. This file and supporting documents will be retained by Home Preservation and Prevention Inc HPP CARES and information provided might be shared with Partners /Supporters or 3rd parties to provide service to you. In this case New American Funding
2. Home Preservation and Prevention Inc HPP CARES may receive congressional funds through the Housing Urban Development (HUD) program and, as such, is required to: a.)Share some of my personal information with HUD program administrators or their agents; b.)To open my file to be reviewed for purposes of program monitoring compliance; c.)To conduct follow up with me related to program evaluation.
3. Home Preservation and Prevention Inc HPP CARES provides homeownership, credit, budget, finance, mortgage readiness, and foreclosure prevention counseling after which I will receive a written action plan consisting of recommendation for handling my finances, possibly including referrals to housing agencies as appropriate.
4. A counselor may answer and provide information, but not give legal advice nor tax advice. If I want legal or tax advice, I will be referred for appropriate assistance.
5. Home Preservation and Prevention Inc HPP CARES provides information and education on numerous products, services, and housing programs and I further understand that the housing counseling I receive from the Home Preservation and Prevention Inc HPP CARES in no way obligates me to choose any of these particular products, services or housing programs.
6. I may be referred to other housing services of the organization, another agency or agencies, and Financial institutions, as appropriate that may be able to assist with my particular concerns that have been identified. I also understand that I am not obligated to use any of the services offered to me.
7. Home Preservation and Prevention Inc HPP CARES host counseling services and resources to help me. I further understand that by signing and dating this form, Home Preservation and Prevention Inc HPP CARES, does not and cannot provide legal advice or guidance, and do not establish or create any type of attorney-client relationships with Participants. I also understand that after consultation with the volunteer attorney, Participants are urged to promptly consult with the service providers, agencies, organizations, or other lawyer referral sources to which the Participants have been referred for follow up on their potential legal issues.
I affix my signature below in agreement with what is stated in this Counseling Agreement.
Home Preservation and Prevention Inc HPP CARES, provides counseling services in the areas of financial education, credit review and repair, pre and post-purchase homebuyer education and review for mortgage readiness, and foreclosure prevention some of the services have a fee for service charged per participant(s).
In consideration of being allowed to participate in Counseling, I release and forever discharge from all liability, promise not to sue, and hold harmless Home Preservation and Prevention Inc HPP CARES, its employees, officers, directors, volunteers, successors, assignees, and agents from any and all claims, including claims of Home Preservation and Prevention Inc HPP CARES negligence, resulting in any damages or economic or emotional loss I may suffer because of my participation in this Counseling, including intentional acts on the part of Home Preservation and Prevention Inc HPP CARES, except gross negligence or intentional acts that should reasonably be expected to result in harm.
I understand and agree that I may reveal, and other parties may reveal, information about me that is of a personal and private nature, which information may or may not be factual. I hereby release, discharge, and forever hold harmless Home Preservation and Prevention Inc HPP CARES, its employees, officers, directors, volunteers, successors, assignees, and agents, from any and all liability or claims arising out of or in any way resulting from such disclosures, and I agree not to make any claim associated with such disclosure against Home Preservation and Prevention Inc HPP CARES, its employees, officers, directors, volunteers, successors, assignees, and agents. I agree to indemnify Home Preservation and Prevention Inc HPP CARES and its employees, officers, directors, volunteers, successors, assignees and agents, and to hold each of them harmless from any and all liability, claim, action, damage, expense (including reasonable attorneys fees), and loss of any kind caused by or arising out of any statement, action, or failure to act by Home Preservation and Prevention Inc HPP CARES.
I understand and agree that Home Preservation and Prevention Inc HPP CARES may be compensated for such counseling by one or more governmental agencies, nonprofit organizations and foundations, financial institutions, business service providers, and/or other entities or organizations.
I understand and agree that this release shall be deemed entered into in the State of California and that it shall be governed by and interpreted under the laws of California.
I understand and agree that if I am under 18 years of age, I and my parent or legal guardian must sign this form.
Home Preservation and Prevention Inc HPP CARES program is are committed to assuring the privacy of individuals and/or families who have contacted us for assistance. We realize that the concerns you bring to us are highly personal in nature and we are committed to the responsible management, use, and protection of personal information. We assure you that all information shared both orally and in writing will be managed within legal and ethical considerations. Your “nonpublic personal information”, such as your total debt information, income, living expenses and personal information concerning your financial circumstances, will be provided to creditors, program monitors, and other only with your authorization and signature on the counseling agreement. We may also use anonymous aggregated case file information for the purpose of evaluation of our services, gathering valuable research information and designing future programs.
Types of Information Gathered
We collect personal information to support our housing counseling program and to aid your housing needs counseling. We collect personal information about you and we may disclose the following kinds of personal information about you:
1. Information we receive from you orally, on applications or forms, such as name, address, social security number, employer, occupation, assets, debts, and income.
2. Information about your transactions with us, our affiliates, your creditors. Or others, such as your account balance, payment history, parties to transactions and credit usages.
3. Information we receive from a consumer credit reporting agency, such as your credit bureau reports, your credit history, and your creditworthiness.
You May Opt-Out Certain Disclosures
1. You have the opportunity to “opt out”, we will not be able to answer questions from your creditors. If at any time, you wish to change your decision with regard to your “opt-out”, you may call us at (562)*424*4477 and do so
Release of Your Information to Third Parties
1. So long as you have not opted-out, we may disclose some or all of the information that we collect, as described above, to your creditors or third parties where we have determined that it would be helpful to you would aid us in counseling you, or is a requirement of grant awards which make our services possible.
2. We may also disclose any nonpublic personal information about you or former customer to anyone as permitted by law (e.g., if we are compelled by legal process)
Confidentiality and Security
We restrict access to personal information about you to those of our employees, volunteers, and affiliated organizations who need to know that information to provide services to you. We maintain
physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Our safeguards strive to comply with federal regulations to guard your personal identification.
Directing us not to make disclosures to third parties
If you prefer that we not disclose personal information about you to unaffiliated third parties, you may opt-out of those disclosures that are, you may direct us not to make those disclosers (other than disclosures permitted by law).
1. If you wish to opt-out of disclosers to unaffiliated third parties other than nonprofit organizations involved in community development, you may check the box of the privacy choice form below.
PRIVACY CHOICE FORM (STOP HERE DO NOT CONTINUE WITH THIS FORM CALL OUR OFFICE 562*424*4477 or email firstname.lastname@example.org)
If you want to opt-out that, is direct us not to make a disclosure about your *personal information (other than disclosers permitted by law) as described in* this notice, check the box below to indicate your privacy choice:
□ Limit disclosure of personal information about me to unaffiliated third parties other than nonprofit organizations involved in community development, or as a bylaw and other reporting requirements.
□ If your current address is the same as the property address please check the box, otherwise please write your current address below.
CONFLICT OF INTEREST STATEMENT
HPP CARES Community Development center (HPP CARES CDC) is a non-profit consumer and housing counseling agency subject to the laws of the State of California. HPP CARES CDC values the trust of its customers and is committed to fair and professional relationship. This notice describes HPP CARES CDC’s policy to avoid conflict of interest.
HPP CARES CDC has clear protocols and policies in order to avoid conflicts of interest which include a limit on gifts that can be received by staff, a requirement to not engage in any activity that would result in personal gain to an employee and his/her relative, and a prohibition against preferential treatment of organizations or individuals. Where applicable, HPP CARES CDC’s standards is to offer at least three options of resources (lenders, Realtors, inspectors, attorneys and contractors) when providing resources to our customers and clients.
HPP CARES CDC’s personnel policy for Conflict of Interest reads:
All employees must avoid engaging in any activity that could create a conflict of interest of the appearance of conflict of interest. A potential or actual conflict of interest occurs whenever an employee is in a position to influence a decision that may result in personal gain for the employee or an immediate family member as a result of HPP CARES CDC business dealings. A conflict may also arise if an employee engages in activity that has an adverse impact on the ability of HPP CARES CDC to carry out its mission in an effect, effective manner. It is impossible to relate all of the situations that may cause or give the appearance of a conflict for HPP CARES CDC, but the following are examples of types of prohibited conduct that may create an actual or potential conflict:
Acceptance of gifts, money, discounts, or gratuities of a value greater than $10.00 from any person or entity doing business or seeking to do business with HPP CARES CDC particularly if the item is not offered to the general public;
Additionally, HPP CARES CDC has added specific language pertaining to customer’s rights to pursue resources, which reads:
HPP CARES CDC provides education and counseling (including homeless, affordable housing, budgeting, finances, credit, home buying (fast track to homeownership preview, down payment & closing cost assistance, 8 hour Pre-purchase home buyer education & certificate, Corporate Homeownership Seminars, Fannie Mae 3% Down Payment & Counseling, FHA Back to Work Education & Counseling, (HOEPA) High Cost Loan Education & Counseling, lease to purchase, financial empowerment (develop spending plan, reduce debts, DIY Credit Restoration, build wealth, assistance with acquiring a checking account (prefer those on ChexSystem),homeowner (Foreclosure Prevention (loan modification, Short sale, Deed In Lieu, Keep Your Home California, 6 Hour Post Purchase Education & Counseling, Refinance, Energy Efficient Home Improvements, Utility Assistance, and Education on home to maintain your property taxes) , affordable rental assistance, community engagement, and emergency preparedness, career options, and others (Counseling). HPP CARES CDC staff may discuss resources outside of HPP CARES to address your situation; these may include resources and referrals. A client is under no obligation to engage these other resources nor is a customer restricted to only these resources. It is important to note that HPP CARES CDC encourages our customers and clients to engage in your own research to evaluate AND CHOOSE RESOURCES THAT BEST SUIT YOUR NEEDS. Customers/ clients are responsible for choosing resources.
Further, all HPP CARES CDC services are provided at will and any customer has the right to refuse services provided by HPP CARES CDC; a customer may withdraw from HPP CARES CDC services at any time. If you have any questions regarding these rights please feel free to speak with the Program manager or Director of HPP CARES CDC.
We thank you for your confidence in HPP CARES Community development Center and for allowing us to help meet your housing needs.