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MHI Lender Shakes Up DTS and MLO Rule Discussions

March 23rd, 2018 Comments off

MHILenderShakesUpDTSMLORuleDiscussionManufacturedHousingIndustryFinancingDailyBusinessNewsMHProNews

A veteran Manufactured Housing Institute (MHI) lender’s controversial comments to the Daily Business News are bound to shake up discussions about two hot button industry topics.

 

Those two subjects are:

  • the Duty to Serve (DTS) Manufactured Housing, mandated by Congress a decade ago, and
  • the Mortgage Loan Originator (MLO) Rule, established by the Consumer Financial Protection Bureau (CFPB) during the Obama Administration, and run under Richard Cordray’s leadership for several years.

A senior lender in manufactured housing, whose company is an MHI member, said that Triad Financial Services turned over their data to the GSEs “about 5 or 6 months ago.

The same informed source said that Credit Human, formerly known as CU Factory Built Lending, committed to turning over their data to the GSEs as well. That hand-off was reportedly more recent.

Therefore, the two Berkshire Hathaway owned lenders – 21st Mortgage Corp and Vanderbilt Mortgage and Finance (VMF) – were the 2 major holdouts.

The industry’s larger chattel lenders split along ‘party lines,’ with Berkshire Hathaway not providing data to the GSEs, and non-BH lenders providing data to Fannie Mae or Freddie Mac.

That loan performance data, said the GSEs, was needed to responsibly implement home-only “chattel” loans.

Despite assurance from MHI to members that they were doing ‘all that can be done’ to promote the Duty to Serve, the revelation that the Berkshire Hathaway owned lenders gave no data to the GSEs undermines that contention. MHI and the Berkshire Hathaway companies have previously been invited to clarify or confirm these concerns. Doesn’t their silence speaks volumes?

The comments confirmed once more the public statement in Tunica that Fannie Mae’s Paul Barretto made earlier this week, that Berkshire Hathaway failed to provide them with any relevant data.

According to Barretto, that meant that the bulk of the data they had was from the Conseco loan pool, which dated back to the late 1990s and early 2000, and were widely known for problematic origination and thus poor loan performance.

The combination of comments by the MHI lender and Fannie Mae’s Barretto underscored key revelations that help explain a decade of delays in implementation of the Congressionally mandated Duty to Serve Manufactured Housing.

That lack of data claim was in turn was used by the GSEs to do only a relatively modest pilot program by Fannie and Freddie. Those pilot projects are to be rolled out over 3 years, in support of the most affordable permanent housing in America.

 

Preserving Access…err…S. 2155

Once more, the potential for the Manufactured Housing Institute (MHI) to make a deal on the Mortgage Loan Originator (MLO) Rule – which some in media are mischaracterizing as “steering” – directly with the non-profit consumer groups was asserted by an MHI member lender.

Why does it matter?

First, because while the odds of passage on S 2155 are up, it is no guarantee that the manufactured housing amendment to the bill will survive a House/Senate conference committee.

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As or more important, the recent reveal by the lender and Barretto both belie MHI’s official claim that they’ve been doing everything possible to advance the cause of more lending in manufactured housing.

If Barretto’s public comment in front of dozens of industry pros, plus the MHI lender and other sources are to be believed, then what MHI claims “just ain’t so.”

As MHProNews exclusively reported, the lender noted above confirmed what other sources have already said, which is that the non-profit “consumer groups” were ready to deal on the MLO rule, so long as the points and fees that mostly Berkshire Hathaway lenders wanted would be dropped from Preserving Access.

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Dickens and others reportedly offered a compromise, which MHI declined. Consumers and independent industry professionals alike have suffered as a result.

 

As the MHI member lender told MHProNews, the art of compromise is the essence of political advancement.

Yet, “MHI’s leadership” was unwilling to compromise at all.

To rephrase, and emphasize – per our sources — MHI allegedly misled their own members and the industry at large

Why?

The likely answer has been supplied by the Manufactured Housing Association for Regulatory Reform (MHARR), which tacitly supported Preserving Access, but felt that bill had no chance for passage.

MHARR President and CEO, Mark Weiss, JD, said that every day that DTS isn’t fully and robustly implanted is “a gift” to the Berkshire Hathaway owned lenders.

MHARRMarkWeissIfCongressHadMeanttheDutytoServeToBeOptionItWouldNotHaveCalledItADutyDefintionofDutyIsMandatoryResponsibilityDailyBusinessNewsMHProNews

MHARR tacitly supported Preserving Access, but also privately felt the bill had no chance. Years later, they’ve been proven correct.

The same logic can be applied to S 2155.  By creating a burden for competitors, the larger Berkshire Hathaway companies could endure the discomfort, knowing it would cause their industry competitors even more pain.

MHARR has called for a congressional investigation of the DTS matter, and has hinted at other possible steps that they may take.  MHI’s failures – whatever the cause or motivation – to get meaningful relief, has resulted in hundreds of once independent retailers and several HUD Code home producers vanishing in a few short years.  That fact is demonstrated by MHI’s own data.

 

State Association Voices Largely Silenced 

Even more state association executives have privately confirmed for the Daily Business News what then MHI Chairman, Tim Williams, said after he took over a conference call.  Williams reportedly threatened and pushed reluctant state executives to promote the Preserving Access to Manufactured Housing Act with their state members (see Gold Rules report, linked below along with other resources for more details).

Yet, former MHI Vice President Jason Boehlert said in a formal statement that Preserving Access was unlikely to pass while then President Barack Obama was in the Oval Office. And it was Warren Buffett who supported then POTUS Obama’s reelection effort.

JasonBoehlertManufacturedHousingInstituteSeniorVPLogoMHIlogoQuoteMHProNews

Those numerous and clear disconnects between what MHI claimed, and what Warren Buffett did are so blinding, some fail to see it.

But a growing number are grasping the apparent sham of MHI saying one thing, while Buffett was personally working for the opposite.

The only logical implication is that MHI’s elected and staff leadership were driving the MH Industry at large into years of wasted and costly efforts.

Why?

Publisher L. A. ‘Tony’ Kovach has observed what other voices inside or outside of MHI have said. Berkshire Hathaway owned companies benefit if the Preserving Access bill passes, or not.

Furthermore, the longer more new HUD Code home shipments are diminished, the more retailers and communities sell out for less than their value, or are forced out of business.

That in turn would lead to more closures of the independent HUD Code producers, who once supplied the failed or consolidated independents retailers and communities.

IBISWorldAtlanticManufacturedHousingIndustryDailyBusinessNewsResearchReportsMHProNews

If MHProNews were the only source with these concerns, then one might be more inclined to dismiss it. But several sources inside and outside the industry raise the same or similar concerns. Where there is smoke, there is fire, right?

So while the affordable housing crisis rages, manufactured housing had the brakes put on it.  Frank Rolfe, an MHI member, said last year that the industry is its own worst enemy.

It’s a process the fits perfectly with Warren Buffett’s “the Moat” principle, which the two posted videos below confirm.  But for someone to really understand the issues Kevin Clayton and Buffett himself raise, they must do what Buffett does.  Invest the time to research and read.

What Buffett says in brief about “the Moat” – increasingly seen as a monopolistic plan – Kevin Clayton confirms in detail.

This is parallel to the reasons why the Nation recently named Buffett as a monopolistic player in industries, including manufactured housing.

The Nation specifically pointed a finger at Clayton Homes, and their Berkshire Hathaway sister companies.

 

They Win, While a Growing Number of Independent Businesses Lose…

 …or is There Another Option?

MHProNews has received multiple contacts from veteran attorneys who believe that an antitrust case could be made, by federal authorities, but also by independent businesses suing under civil antitrust laws that carry triple damages.

Among those attorneys are those who would do the case on contingency.

Meaning, the law firm collects only if they win the case or come to an agreed upon settlement. With many contingency cases, the attorney doesn’t require the normal hourly fee.  The reason an attorney does a case on contingency is because they believe they can get more by taking a percentage of a case, then the hourly fee would be. That reduces the risk for the plaintiff, while increasing the drive by the suing law firm.

As the nation is caught in an economic vice that the affordable housing crisis has fueled, manufactured housing is – as MHLivingNews touted years ago – the solution that’s hiding in plain sight.

MHI’s shadow boxing on regulatory issues has stymied and delayed the industry’s recovery. The very professionals who are paid to promote the industry, in this view, have been rewarded for failure to achieve any meaningful regulatory relief.

Given several on-the-record statements by

  • Clayton Homes CEO, Kevin Clayton,
  • Tim Williams of 21st Mortgage,
  • Warren Buffett’s well publicized principles,
  • and documents obtained by MHProNews on 21st letterhead,

there is mounting evidence which seems to support the allegations that the thousands of industry retailers – and numerous producers – failed or sold out cheap, all while MHI postured ‘advocacy’ on their behalf.

Some believe that the push for S. 2155 compromise now, is precisely because of the ‘heat’ that MHI has been getting from MHProNews coverage of their problematic handling of Preserving Access.

As was reported yesterday, a growing number of the industry’s professionals have taken these MHProNews reports seriously.

While some continue to believe MHI et al, others were in Tunica this week taking practical steps to distance themselves from options linked to Berkshire Hathaway owned brands.

 

The Return of Common Sense?

Common sense says you don’t feed a dog that’s proven to bite your or others’ hands,” says Tony Kovach.

LATonyKovach-QuestioningNYSAAteam-NewYorkHousingAssociation-MHProNews-com-PhotoCreditMarkSimon-250x167

L. A. “Tony” Kovach, photo by Mark Simon, shows Kovach engaging with SAAs in NY. Kovach is the publisher of the industry’s two largest and most popular trade media, MHLivingNews.com and MHProNews.com.

The pattern seems to be this.  MHI takes the wrong position on an issue, and only after extended pressure, do they finally relent and pivot to the more logical stance for industry independents.  So there is no glory for them in finally taking a correct step, after months or years of allegedly bad ones.

Meanwhile, the majority of the industry’s independent members have suffered. Some have sold out for less than the true value of their business, or lost their once successful businesses altogether. No wonder law firms are interested in working a legal action against this sort of behavior on contingency.” Tony Kovach said.

While MHProNews naturally values on-the-record comments, such off the record insights from the lender noted above can be invaluable for the industry’s independents.

The concept can be digested in minutes.

But to fully digest the nuances of what is taking place, one must do as Warren Buffett himself does: it may take a few hours of reading for all of the facts to be fully understood.

Buffett sees the value of studying the issues, but how many independent professionals do? Will more dig deeper in the days ahead? “We Provide, You Decide.” © ## (News, analysis, and commentary.)

Related Reports:

Progressive “Nation” Reports on Monopolies Cites Buffett, Clayton, Others – MH Industry Impact?

Busted! “Failure Bonus” Paid-Richard “Dick” Jennison, CEO Manufactured Housing Institute-per MHI Document$

Warren Buffett, “the Moat,” Manufactured Housing, Berkshire Hathaway, Clayton Homes, 21st Mortgage, Vanderbilt, Wells Fargo, NAI…

“Follow the Money” – Controversial Urban Institute Report on Manufactured Housing

Killing Off 100s of Independent Manufactured Home Retailers, Production Companies – Tim Williams/21st Mortgage “Smoking Gun” Document 2

Keith Anderson, CEO Champion Homes, MHI ‘New Class’ Monopoly Concerns Memo, ‘Harms Owners, Independents’

Inside Scoop Mulvaney-CFPB and MHI, Berkshire Hathaway Company Meeting Detail$

State Associations, Companies Quit Membership in Manufactured Housing Institute, (MHI), One Explains in Writing, ‘Why?’

Lawsuits for Triple Damages – Anti-Trust, Anti-Monopoly Law, Manufactured Housing, and You

Plot Twist – Duty to Serve – Freddie Mac CEO Layton Called to Accountability w/Congressional, Administration Leaders Over New Manufactured Home Lending Revelations

Study Recommending New Manufactured Housing Association for Independent Retailers, Communities, Lenders, Others Released

(Third party images, cites are provided under fair use guidelines.)

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Click here to sign up in 5 seconds for the manufactured home industry’s leading – and still growing – emailed headline news updates. You’ll see in the first issue or two why big, medium and ‘mom-and-pop’ professionals are reading these headline news items by the thousands. These are typically delivered twice weekly to your in box.

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Soheyla is a managing member of LifeStyle Factory Homes, LLC, the parent company to MHProNews, and MHLivingNews.com.

 

Sunday Morning Weekly Recap Manufactured Housing Industry News, September 10 to September 17, 2017

September 17th, 2017 Comments off
SundayMorningWeeklyRecapSept4toSept10ManufacturedHousingIndustryDailyBusinessNewsMHProNews-1

Featured image credit, MHProNews.

Our new September issue is live. Our featured articles will be available on the MHProNews.com home page. Our September theme will be available mid-week this week.

 To see the line-up of over 2-dozen featured articles for this month, along with the headline commentary, please click the link above.

Manufactured, modular and prefabricated home professionals know that how a home got to its location should not define a person or their dwelling.

What the Daily Business News spotlights day-by-day are the tragedies, triumphs and struggles for acceptance of the obvious solution for millions for the growing affordable housing crisis in the U.S. and beyond.

When you read the lineup for the month found on the home page, you can reflect on another motto as you chart your own professional path ahead: “We Provide, You Decide.”  ©

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What’s New On MHLivingNews

Manufactured Home Community Survives Hurricane Harvey, Damage Reports, and Relief Efforts

September 16th, 2017

HurricaneHarveyUSATodayDailyBusinessNewsMHProNews

Hurricane Harvey flooding, credit, USA Today.

 

September 15th, 2017

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Photo credit, ABC News Go.

 

September 14th, 2017

PoliceICEImmigrationCustomEnforcementYahooDailyBusinessNewsMHProNews

 

September 13th, 2017

PoDunkPerformerKidRockEyesSenateRunMakesManufacturedHomeLivingHipMHLivingnEws

 

September 12th, 2017

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Warren Buffett, right, credit Wikipedia. Tim Williams, right, credit, LinkedIn. Collage credit, MHProNews.

 

September 11th, 2017

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September 10th, 2017

 

(Image credits are as shown above, and when provided by third parties, are shared under fair use guidelines.)

SoheylaKovachManufacturedHomeLivingNewsManufacturedHousingIndustryDailyBusinessNewsMHProNews-Submitted by Soheyla Kovach to the Daily Business News for MHProNews.com.

 

Sunday Morning Weekly Recap – Manufactured Housing Industry News – December 18th, 2016 – December 25th 2016

December 25th, 2016 Comments off

sunday-morning-weekly-manufactured-home-pro-news-recap-1-4-to-1-10-2015-mhpronews-com-As December rolls on, the current featured articles are found on the MHProNews home page.

Our theme for this month is: DAAD = Dramatic! Advent! Adventure! December 2016!

To see the line-up of over 3-dozen featured articles for this month, along with the headline commentary, please click the link above.

Manufactured, modular and prefabricated home professionals know that how a home got to its location should not define a person or their dwelling.

What the Daily Business News spotlights day-by-day are the tragedies, triumphs and struggles for acceptance of the obvious solution for millions for the growing affordable housing crisis in the U.S. and beyond.

mhpronewslogoindustrynewstipsviewsproscanuse

When you read the lineup for the month found on the home page, you can reflect on another motto as you chart your own professional path ahead: “We Provide, You Decide.”  ©

 

 

What’s New On MHLivingNews

 mhlivingnews-improvedlivingforle-logo

1SundayMorningWeeklyRecapManufacturedHousingIndustryNewsDec18th2016Dec25th2016-postedtoManufacturedHousingIndustryDailyBusinessNewsMHProNews

‘Tis the Season!’ Manufactured Housing Association Delivers Christmas for Communities

 

It looks Cool! But is Richard Perkin’s NoHA the Real Deal in Affordable Housing?

 

What’s New On MHProNews

 

Saturday December 24th, 2016

 7SundayMorningWeeklyRecapManufacturedHousingIndustryNewsDec18th2016Dec25th2016-postedtoManufacturedHousingIndustryDailyBusinessNewsMHProNews

Business Donates Manufactured Homes to Help Those in Need

The Festival of Lights, 2016

 

Friday December 23rd, 2016

Inside Recent Moves at Universal Forest Products Inc.

NorthStar, Drew Industries, Manufactured Housing CV and Markets End Up

 87SundayMorningWeeklyRecapManufacturedHousingIndustryNewsDec18th2016Dec25th2016-postedtoManufacturedHousingIndustryDailyBusinessNewsMHProNews

U.S. Existing Homes Sales Reach Highest Level in Nine Years

Manufactured Housing Association Delivers Christmas for Communities

 

Thursday December 22nd, 2016

Skyline, Sun Communities Up, Down Day Manufactured Housing CV, Broader Markets Slip Again

Inside Look – Tricon Capital’s Recent Manufactured Home Community Moves

 6SundayMorningWeeklyRecapManufacturedHousingIndustryNewsDec18th2016Dec25th2016-postedtoManufacturedHousingIndustryDailyBusinessNewsMHProNews

Retrospect – Top Story Canadian Story, 2016 – Wildfires and Factory-Built Homes

President-Elect Trump Narrows Choices for Key Housing Positions

UMH Properties Makes More Moves, Promotion Announced

 

Wednesday December 21st, 2016

Patrick, NorthStar Realty Lead Manufactured Housing Comp Value, Broader Markets Slip on Profit Taking

NYS Homes and Community Renewal, ROC USA and Pathstone Deliver Christmas Cheer

 5SundayMorningWeeklyRecapManufacturedHousingIndustryNewsDec18th2016Dec25th2016-postedtoManufacturedHousingIndustryDailyBusinessNewsMHProNews

CFPB Takes Action, Faces Additional Scrutiny

NoHA Engineer Claims Revolutionary Home Concept, But Key Details Are Missing

Wheel Bearing Blaze Chars Manufactured Home on Roadway

  

Tuesday December 20th, 2016

Skyline, Patrick Lead Manufactured Housing CV, Dow Closing in on 20,000

Blowtorching A ‘Mobile Home?’ Bad Idea, Says Official

Drew Industries Announces Big Change for Dec 30th, 2016

 4SundayMorningWeeklyRecapManufacturedHousingIndustryNewsDec18th2016Dec25th2016-postedtoManufacturedHousingIndustryDailyBusinessNewsMHProNews

Open Letter to Dr. Ben Carson – Publisher Invites Next Secretary to Historic HUD Achievements

Chinese, Spanish Power Players Plan Prefab Factories

 

Monday December 19th, 2016

AMG lone slider – Sky, UMH Lead Manufactured Housing CV, Broader Markets up too

Prefab Making Dreams Come True – In a Hurry

3SundayMorningWeeklyRecapManufacturedHousingIndustryNewsDec18th2016Dec25th2016-postedtoManufacturedHousingIndustryDailyBusinessNewsMHProNews 

Manufactured Housing Industry Statistics and Fast Facts Reports 2007-2015

Trump’s First 100 Days: House Freedom Caucus Plans, Some Could Impact Factory Builders

Upscale Prefab Home Showcased in the Desert

 

 

Sunday December 18th, 2016

2SundayMorningWeeklyRecapManufacturedHousingIndustryNewsDec18th2016Dec25th2016-postedtoManufacturedHousingIndustryDailyBusinessNewsMHProNews 

Sunday Morning Weekly Recap – Manufactured Housing Industry News – December 11th, 2016 – December 18th 2016 ##

(Image credits are as shown above.)

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RC Williams, for Daily Business News, MHProNews.

Submitted by RC Williams to the Daily Business News for MHProNews.

Title Company Head says Mortgage Disclosure Rules will Delay Home Sales

August 28th, 2015 Comments off

ted_c_jones__newsokTed C. Jones, chief economist and senior vice president for Stewart Title Guaranty Co. in Houston, says financing the buying and selling of houses will be much more difficult when the mortgage disclosure rules go in to effect Oct. 1, as newsok tells MHProNews. We’re going to continue to have more renters than owners than normal, and part of that, almost all of that, is a function of our government — Dodd-Frank and the CFPB,” he said at the Oklahoma Building Summit & Expo at Cox Convention Center.

He says reform of the mortgage disclosure rules were supposed to be implemented Aug. 1 but have been delayed until Oct. 1, but that will not change the delays written into the new rules. Noting it will not be a smooth transition at all, Jones said it will bring some transactions to an abrupt stop: Some critics say it could could closings 10 to 15 days.

If you go to a closing and there is a material change in that dollar amount, you have to delay the closing another three days,” he said. “Just prepare yourself for some extra interest carried (forward on the seller’s or builder’s own loan). And just pity the poor homeowner that thinks they’re moving into a house that day and that moving truck’s there, because they may not get the keys that day.

The TRID form–TILA-RESPA Integrated Disclosure—has no line numbers, making it difficult to understand for reconciling changes. Any transaction that involves a mortgage will use the new disclosure forms. He noted the last time HUD made a change to the main loan disclosure document–the HUD-1 settlement statement in 2010—homebuyers, real estate agents and title people came to closings before lenders had funded the transactions.

CFPB is a four-letter word as far as I’m concerned,” Jones said. “It is a dog that’s out of control.” ##

(Photo credit: newsok–Ted C. Jones)

matthew-silver-daily-business-news-mhpronews-comArticle submitted by Matthew J. Silver to Daily Business News-MHProNews.

Expanding Portfolio Loans could help Consumers Purchase Homes

June 12th, 2015 Comments off

home buying   firstbanktrust  creditIn a blog from thehill, former Oklahoma Governor Frank Keating, now president and CEO of the American Bankers Association, noting June is American Housing Month, says he hears from bankers across the country who tell him regulations are standing in the way of homeownership.

He says nearly two-thirds of Americans own their homes, and according to he Federal Reserve, 81 percent of renters would like to join them. Unfortunately, half of them do not have the down payment, and nearly a third do not think they would qualify for a mortgage.

Keating recounts hearing of a young father in Montana who was denied a $16,000 loan to buy a manufactured home. He had a well-paying job, but he had not been working long enough to document his income that would satisfy rules set by the Consumer Financial Protection Bureau.

In another instance, a doctor, who had just acquired a private medical practice and thus became self-employed, could not be qualified to buy a home because his profile did not fit the mortgage rules.

If banks can hold these kinds of loans in their own portfolios instead of selling them on the secondary market, they would take the risk after making sure the loans were properly underwritten.

He says, “One reasonable reform that would help customers get a step up in housing would be to provide portfolio mortgages with the legal protections of “Qualified Mortgage” status. Banks are willing to take on the credit risks of these loans—but the legal risks imposed by excessive regulation and penalties for lending outside of the QM box are what prevent bankers them from making them.

A financial reform bill introduced by Sen. Richard Shelby (R-Ala.) will expand portfolio lending, and would resolve situations like the two mentioned above, as MHProNews understands. ##

(Image credit: firstbanktrust)

matthew-silver-daily-business-news-mhpronews-comArticle submitted by Matthew J. Silver to Daily Business News-MHProNews.

MHARR, MHI and GSE Reform, Background to Danny Ghorbani’s release and George Allen’s Planned “Story”

March 18th, 2014 4 comments

mhpronews-mharr-mhi-associations-graphic-manufactured-home-marketing-sales-managementOn Sunday, March 16 at 4:47 PM ET, a news release was received from the Manufactured Housing Institute (MHI) on the topic of the highly-charged issue of a Government Sponsored Enterprise (GSE, “Fannie and Freddie”) reform plan.

Some 3 Hours and 43 minutes later, at 8:30 PM on the same day, the first message came in from the Manufactured Housing Association for Regulatory Reform (MHARR) on the same topic. MHI’s full release on the topic of GSE reform is linked here, while the link to MHARR’s full release on the topic is found here.

In his message, MHARR’s President, Danny Ghorbani, claimed their “…calculated risk by MHARR that has now…” quoting their headline …achieves major victory.

While most industry professionals who follow these events would agree that this is certainly promising for consumers and the industry, the GSE reform legislation has a long way to go before it is becomes law. This is a one step along a longer path, as Ghorbani’s own statement from MHARR later acknowledges.

That fact begs the question, what makes this a bigger success than HR 1779 or S 1828, both of which are well underway?

It also raises the question, what was the “calculated risk” that Ghorbani’s message refers to in his release? Where is the “risk” in MHARR sending a position paper to the Senate Banking Committee?

Could it be that the “risk” Ghorbani refers to is that MHARR has not publicly supporting HR 1779 and S 1828? Isn’t it risky for their member-manufacturers and customers to not cover all possible legislative and lobbying bases, as MHI’s team has been doing on the finance and other issues?

MHARR claims MHI had a Single Focus

MHARR CEO Ghorbani’s message included this paragraph,

At a time when much of the industry was pursuing a singular focus on unsuccessful legislative modifications to the loan originator compensation and high-cost loan provisions of the Dodd-Frank finance reform law — and was unwilling to join MHARR in an  initiative on the much farther-reaching issue of GSE reform — the MHARR Board of Directors chose to advance the inclusion of all types of manufactured home loans and definitive action to end the discrimination that has dogged the industry’s consumer financing for decades, as part of the GSE reform process in Congress.”

As the numerous items that follow below demonstrate, the first part of this statement cited above is demonstrably in error. Namely:

At a time when much of the industry was pursuing a singular focus on unsuccessful legislative modifications to the loan originator compensation and high-cost loan provisions of the Dodd-Frank finance reform law –…”

Furthermore, as this Congressional legislative session is not yet over, none of these efforts – GSE Reform or Dodd-Frank reform – can be called a failure or a success.

So why is there a need for MHARR’s CEO to paint MHI’s efforts as a ‘failure,’ when the GSE effort is not as far along as HR 1779 or S. 1828?

Some MHARR officials and allied industry commentator in the dark?

Messages and calls from MHARR members, those aligned with MHARR and others outside of that camp to MHProNews seem to be unaware – or in some cases, won’t acknowledge – the fact that MHI has demonstrably been engaged on this topic of GSE reform for years, along with a variety of other issues in Washington. DC. Some examples will be shown in a down-loadable attachment, later below.

Agenda of Making MHI look bad, as a way of Making Ghorbani and Allen look more important?

broadside-darius-danny-ghorbani-president-mharr-george-allen-allen-letter-community-i ... actured-housing-institute-manufactured-housing-association-for-regulatory-reformOn Monday, after allegedly communicating with Danny Ghorbani, President and CEO at MHARR, George Allen sent an email to Rick Robinson, Vice President and General Counsel at MHI.

Robinson forwarded that email to Senior Vice President Jason Boehlert for response.

Allegedly, this email exchange has been shared with Ghorbani, Jim Visser, Ken Rishel and others linked to MHI and MHARR; and seems to accuse MHI of grabbing credit for work done by MHARR.

While sensational, the problem with this accusation by Allen against MHI, is that it flies in the face of the facts. But doesn’t this fit Allen’s self-description on his own blog of his activities? The word Allen used about himself, “agitate” includes the following definition from Google: “1) make (someone) troubled or nervous.”

The Google definition of agitator, is also insightful:

1. a person who urges others to protest or rebel.

synonyms: troublemaker, rabble-rouser, agent provocateur, demagogue, incendiary;

The Facts Say Differently

While some in the mix seem to take the position, ‘Don’t confuse me with facts, my mind is made up,’ a simple Google search demonstrates to the truth seeker that MHI has issued numerous updates on their activities in the GSE Reform arena.

A search of the articles published in the MHI News module demonstrates the same, and for those who attended the 2014 MHI Winter Meeting and Legislative Session, a briefing was given to attendee/members that coveted all of MHI’s lobbying and legislative initiatives, including GSE reform.

Clearly, MHI’s engagement on the GSE issue is a matter of public record and is no secret.

As MHProNews has documented in a series of articles, linked at the end of this report, George Allen has in his own words:

  • describes himself as one who agitates,

  • has gone from opposing Danny Ghorbani and calling him a flawed writer and leader, to now lauding him as a leader others should follow. The difference between recent and prior statements by Allen on Ghorbani?   Is it the MHARR paid ad and factories who Allen himself says are now paying Allen?

  • Allen has blasted MHI off and on for some two years for not buying him out when Allen wanted to retire.

Don’t such flip flops, contradictions, slanted ‘coverage’ and motivations beg a reasonable person to question the motivations and accuracy of Allen’s commentaries?

The Emails Between Allen and MHI – “We Provide, You Decide” ©

The exchange below is in a first-to-last message time sequence. They are word-for-word as the respective parties sent them, save the removal of the ‘signature (contact/disclaimers/resource)’ info at the end of each email and what amounts to ads from each of the respective emails. The typos in George Allen’s emails are in the original. The first message, as shown below, is to Rick Robinson at MHI.

Start of George Allen to Jason Boehlert at MHI Email Exchange

From: <gfa7156@aol.com<mailto:gfa7156@aol.com>>

Date: March 16, 2014 at 5:43:35 PM EDT

To: <info@mfghome.org<mailto:info@mfghome.org>>

Cc: <rrobinson@mfghome.org<mailto:rrobinson@mfghome.org>>

Subject: Re: MHI Housing Alert –  Senate Banking Committee Leaders Unveil GSE

Reform Plan – MHI Successfully Stakes out Ground for Manufactured Housing and

Personal Property Loans

Rick

When did MHI switch its’ primary legislative focus from Dodd-Frank regulatory
reform to GSE Reform? Didn’t seem to be that much of a priority during the
annual Legislative Conference last month in Arlington, VA. Here quoting directly
from this afternoon’s HOUSING ALERT from MHI:


“MHI Successfully Stakes Out Ground for Manufactured Housing and Personal
Property Loans” and “As advocated for by MHI, the legislative draft released by
the Committee includes language that would provide manufaturd home loans secured
by personal property with key access to a newly envisioned secondary market
mechanism.”

As exciting and hopeful as this news is, I’m wondering whether we’re indeed
reading/learning of a pure MHI effort to this much desired result, OR is there
more to this now quickly unfolding story, i.e. Is there someone else more
intimatly involved ‘in the mix’ who is NOT getting credit, in this email alert,
for drafting the language and lobbying for this legislative draft?

Frankly, I sense a story here….

GFA

George Allen


—–Original Message—–

From: Jason Boehlert <jBoehlert@mfghome.org>

To: GFA7156 <GFA7156@aol.com>

Cc: Richard Jennison <rjennison@mfghome.org>; Rick Robinson <rrobinson@mfghome.org>

Sent: Mon, Mar 17, 2014 11:32 am

Subject: RE: MHI Housing Alert – Senate Banking Committee Leaders Unveil GSE

Reform Plan – MHI Successfully Stakes out Ground for Manufactured Housing and

Personal Property Loans

George,

Thank you very much for your email.  However, I am unclear what you mean by “Is
there someone else more intimatly(sic) involved ‘in the mix’ who is NOT getting
credit, in this email alert, for drafting the language and lobbying for this
legislative draft?” We do not comment on the activities or actions of other
national organizations—that is not our role. Nor do we believe it serves the
interests of the industry or our members to do so.


Since MHI represents every facet of the industry—including builders, community
owners, lenders, supplier, retailers—our policy priorities are reflective of the
totality of our membership.  Dodd-Frank is a priority.  As are housing
finance/GSE reform, energy efficiency, tax, HUD Code and environmental issues
and we would never focus on one issue so persistently that it would be to the
detriment of the others. I know you did not attend, but GSE reform was
reaffirmed as an association policy priority during our legislative conference
and winter meeting and was discussed at length during the meeting of our
newly-formed government relations committee. The new government relations
committee has multiple representatives from each MHI division.


Expanding secondary market access for manufactured home loans, including those
secured by personal property has been a long-standing priority of MHI—dating
back to at least the duty-to-serve requirements that were included in the
Housing and Economic Recovery Act (HERA) in 2008.  We have, and continue to,
work with FHA, FHFA, Fannie Mae, Freddie Mac, Ginnie Mae, HUD, and the House
Financial Services and Senate Banking Committees to improve the availability of
financing options in the manufactured housing market, both from a residential
and commercial standpoint.

MHI represents every significant manufactured home lender in the industry and we
work hard to see that the totality of their interests—which are not limited to
Dodd-Frank/CFPB rule makings—are served.  Our efforts on GSE reform extend well
beyond the Senate Banking Committee’s recent legislative draft. If you are
suggesting that we have not been an active player in this regard, you are
mistaken. GSE reform has been an issue that has received very close attention
from our internal and external lobbying teams on an ongoing basis for several
years.

A sampling of our most recent activities include (but certainly not limited to):

· working with drafters of the underlying Corker-Warner bill (S.
1217)—which serves as the blueprint for the Senate Banking Committee bill—to
garner their approval for modifications of their measure that would expand
access for personal property loans

· communicating—both our internal and external lobbying teams—on an
ongoing basis with Democratic and Republican senior staff to the Senate Banking
Committee to include specific manufactured home/personal property language

·         providing key industry lending data to Senate staff to underscore the
need for specific statutory language

· facilitating an industry lender roundtable for Senate Banking
Committee staff—this panel of lenders, which represented the vast majority of
personal property manufactured home lending—provided the key information and
feedback needed by  committee staff to include manufactured home lending
provisions (which took place at our recent legislative conference)

· working to develop a consensus coalition position with consumer group
that are also seeking to expand personal property lending options for
manufactured housing

·  outreach to the Federal Housing Finance Agency (FHFA)—the
administration’s voice on GSE reform—to support legislative provisions expanding
manufactured home lending opportunities

· engaging an external lobbying firm whose principals include the most
recent Democratic Staff Director to the Senate Banking Committee (working
directly for Chairman Tim Johnson) and provided significant access to committee
staff drafting the legislation

As I hope you are aware, MHI’s involvement has not only been limited to the

Senate Bill. Our work also includes:

· facilitating the first-of-its-kind lending conference, sponsored by
then Rep. Joe Donnelly, in Elkhart, Indiana (which I believe you attended)

· improving the FHA Title I &II programs and opening Ginnie Mae to new
issuers (a work in progress)

· coordinating more than 1,000 comments in opposition to FHFA’s
duty-to-serve rule, which would ignore secondary market access for personal
property loans

· working to provide equal access for all mortgages in the House version
of GSE reform –the Path Act (which also includes specific MH relief from the
Dodd-Frank Act)

· testifying before Congress on three separate occasions over the past
three years on the need for secondary market access for manufactured home loans
secured by personal property—this does not include testimony provided prior to
2010 on the need to improve the FHA Title I & II programs for manufactured
housing

· more than 300 meetings conducted over the past three years with
Members of Congress specifically on the lack of credit access provided by the
GSEs for manufactured housing

· working directly with Fannie Mae and Freddie Mac to develop new
lending options for manufactured housing

I can only speak to the involvement of MHI, which has been continuous and
ongoing and substantial. Looking at the history, I think it is fair to say MHI
and its members have been leaders in working to expand manufactured housing
financing options for quite some time.

Best,
Jason


Jason Boehlert
Manufactured Housing Institute (MHI)
Senior Vice President of Government Affairs

________________________________________

From: gfa7156@aol.com [gfa7156@aol.com]

Sent: Monday, March 17, 2014 1:20 PM

To: Jason Boehlert

Cc: news@journalmfdhousing.com; ken@rishel.net; Rick Robinson

Subject: Re: MHI Housing Alert –  Senate Banking Committee Leaders Unveil GSE

Reform Plan – MHI Successfully Stakes out Ground for Manufactured Housing and

Personal Property Loans

Jason

You, in behalf of MHI did NOT answer the lead question in my email
correspondence dated 3/16/2014, to wit; “When  did MHI switch its’ primary
legislative focus from Dodd-Frank regulatory reform to GSE Reform?” You can
blather all you want about ‘A sampling of our most recent activities include
(but certainly not  limited to)’ to  cloud the issue – which I’m getting to –
but the fact remains, throughout the Fall of 2014 MHI had tunnel vision relative
to effecting Dodd-Frank regulatory reform.


The tenor of your sentence,”We do not comment on the activities or actions of
other national organizations – that is not our role. Nor do we believe it serves
the interests of the industry or our members to do so.” tells me you well
understand what I was referring to in the above-referenced email  message, i.e.
Quoting MHARR’s Press Release dated 3/16/2014:  “…MHARR today lauded the
inclusion of specific  MHARR-proposed language in the bi-partisan GSE housing
finance reform bill (S.1217)…(containing) “langaguage submitted to the Senate
Banking Committee in Septermber and October 2013….” There lies the crux of
this whole issue of giving credit where credit is due!


Being as new as you are to MHI’s staff, you can be forgiven for not knowing how
often in the past, MHARR and MHI have ‘worked together’ to effect federal
legislation, e.g. Manufactured Housing Impovement Act of 2000 is but one
example. And how both national advocacy bodies have, in the past, ‘commented
(appropriately &/or positively) on the activities or actions of other national
organization’ YES, that should be one of the rolls taken on by MHI even if it’s
not as commonplace today as it has been at times in the past.


Furthermore; speaking as a 35 year entrepreneur businessman in the manufactured
housing industry and land-lease-lifestyle community asset class, and 20+ year
direct, dues-paying member of MHI, I disagree with you! Interadvocacy body
cooperation/praise (as should have been in this instance!) does serve the
greater interests of the industry, and certainly its’ members!


I think it entirely appropriate, that sometime this week, MHI take steps to
right the  misunderstanding couched in the subtitle & text:HOUSING ALERT, i.e.
“…MHI Successfully Stakes out Ground for Manufactured Housing and Personal
Property Loans”, before someone else does it for you….


Need someone to do this  public relations magic for you? I can recommend
someone, if asked.

GFA
George Allen

—–Original Message—–

From: Jason Boehlert <jBoehlert@mfghome.org>

To: gfa7156 <gfa7156@aol.com>

Cc: news <news@journalmfdhousing.com>; ken <ken@rishel.net>; Rick Robinson <rrobinson@mfghome.org>; Richard Jennison <rjennison@mfghome.org>

Sent: Mon, Mar 17, 2014 3:05 pm

Subject: RE: MHI Housing Alert – Senate Banking Committee Leaders Unveil GSE Reform Plan – MHI Successfully Stakes out Ground for Manufactured Housing and Personal Property Loans

George,

I am sorry to hear you found my response to your original inquiry,
unsatisfactory. I believe I answered in an honest and thorough fashion. But, to
try and further clear things up:

1) MHI is a multifaceted trade association.  This requires us to multitask and
pursue multiple policy priorities at the same time. Our focus is not solely
limited to Dodd-Frank. It also includes GSE reform, HUD-MHCC issues, tax, energy
and environmental policies.  This does not require us to shift our focus, but to
add to it–and GSE reform has been a focus of MHI now for several years.

2) I do not work for MHARR. Therefore, I have no real knowledge of their
lobbying activities. As such, it would be wholly inappropriate for me to comment
on MHARR’s activities. Just as it would be wholly inappropriate for MHARR to
comment, with any real knowledge on MHI’s policy activities.

3) Had you been able to attend MHI’s legislative conference, you have
undoubtedly learned that MHI’s GSE reform activities have been substantial and
ongoing.  MHI’s GSE efforts have been significant and have unequivocally led to
this positive outcome.  I am sorry you are unable to see yesterday’s news as a
positive development for the entire industry.


However, if you feel additional clarification is needed please feel free to
contact MHI’s CEO Dick Jennison at 703.558.0678.

Jason

———-

From: <gfa7156@aol.com>

Date: March 17, 2014 at 3:47:48 PM EDT

To: <jBoehlert@mfghome.org>

Cc: <news@journalmfdhousing.com>, <ken@rishel.net>, <rrobinson@mfghome.org>

Subject: Re: MHI Housing Alert –  Senate Banking Committee Leaders Unveil GSE Reform Plan – MHI Successfully Stakes out Ground for Manufactured Housing and Personal Property Loans

Jason

You can dance around the issue all you want, but truth be told, GSE reform was not a primary focus for MHI during the last half of 2014. I am an MHI member read what little is sent my way these days.

Amazing. You & MHI claim no prior knowledge of the source of the language used in this bi-partisan GSE housing finance reform bill (S.1217), yet are bold to state: “MHI will continue in its’ role as the leading advocate for the manufactured housing industry to ensure that manufactured home finance opportunities are expended to the greatest extent possible in forthcoming housing finance reform measures.” By the way, in this sentence, did you intend for the word choice to be ‘expended’, rather than ‘expanded’ or some other appropriate non-dissipating word?

Of course I see yesterday’s developments to be of value to the entire HUD-Code manufactured housing industry. And I see MHI’s HOUSING ALERT, in the manner in which it was written, to be unequivocal grandstanding, when it’d have been highly appropriate, and much appreciated by ‘the entire HUD-Code manufactured housing industry’, if credit had been given where credit was truly do!

Thank You for fleshing out my story for this week, if nothing more newsworthy doesn’t come along.

GFA.

George Allen

—- end of emailed messages on this thread —-

An impartial reading of George Allen’s messages suggests is a either a lack of objective research into the ongoing efforts and engagement by MHI on the subject of GSE reform, or perhaps an effort to “agitate” (Allen’s word about himself) against MHI, and/or some other motivations.  Allen clearly implies his intent to write about this topic, which is certainly his right, but after reading this exchange, does an objective person believe that Allen will right about it in a fair and balanced fashion?  Or will Allen use this once more to “agitate” against MHI?

As noted previously,

  • a simple Google search revealed numerous links dating back several years regarding MHI engagement on the topic of GSE reform. Please see below.

  • A search on the MHProNews website proves the same point of MHI engagement on GSE reform that Jason’s replies state.  So does a review of MHI’s typically weekly reports, that go out to members like Allen, and as did the update briefings during their 2014 Winter Meeting and Legislative session that all referenced efforts by that national trade association on GSE reform.

Why Does Allen seek to Manufacture a new Controversy?

It should be noted that MHARR has indeed made GSE reform an issue they have pursued.

But what is lacking from MHARR’s President and CEO, Danny Ghorbani is the same credit to MHI’s efforts, that Allen allegedly seeks on Ghorbani’s behalf from MHI as a tip of the hat to MHARR.

Thus Allen and Ghorbani seem to want from MHI what they are unwilling to give themselves. On MHI’s part, Boehlert’s responses to Allen are polite and professional.

Prior to issuing this report, MHProNews reached out once more for comment to Messrs. Allen and Ghorbani. For those anxious to share their views to their select group of readers, they have opted not to state reasonable replies to our questions for the record to the largest professional audience in the industry.  Why are they ducking replies?

A copy of the questions sent to MHARR’s President and Vice-President are below, as are the questions sent to George Allen.

A download of the search results from Google on this date for “Manufactured Housing Institute” = “GSE Reform” produced the results shown in the attachment linked here, which also reflects search results found on MHProNews, both of which pre-date by months or years the MHARR initiative ballyhooed by Danny Ghorbani.

The initiatives in the Senate both MHARR and MHI reference provide reasons for hope for all in the industry.

By contrast, this apparent manufactured controversy detracts from what ought to be one of many joint steps forward by MHARR, MHI and state associations, who all should be working in concert on issues vital to the manufactured housing industry.

Inflammatory messages may help a pair of ‘leaders’ posture themselves as tough, but do such missives advance or harm the manufactured housing industry’s agenda, and the interests of their own followers?

Industry voices cited in the articles found in the links below question if Danny Ghorbani – with or without the aid of George Allen – can effectively deal with regulators and politicos, without major changes in his modus operandi…or will real leadership by MHARR’s CEO come from Ghorbani’s successor, should Ghorbani depart or retire? ##


Appendix

Questions provided to George Allen for response by MHProNews:

1) Will you publish the unedited reply from Jason this upcoming weekend on your blog, or will you continue on your allegedly pro-Danny Ghorbani/MHARR, anti-MHI public stance?

2) As a self-proclaimed MH Communities owner advocate, how do you defend Danny Ghorbani’s embrace of Ishbel Dickens and her anti-MHC owners organization, when Dickens has reportedly said in public that community owners are “the enemy…”?

3) You’ve described on your blog your activities in part as an “agitator. ”  You’ve described Danny Ghorbani as a “leader.” Yet in the past, you decried Ghorbani for very similar stands to his current one, and after your own analysis, described in the article and links from the post here,

http://MHProNews.com/blogs/tonykovach/mharr-after-danny-ghorbani-and-more-manufactured-housing-issues/

you concluded Danny was mistaken in his writing that you then cited.  Where you wrong then? How do you answer your own rejection of Danny’s views  then, what has he practically accomplished since then which has caused you to change your stance? How much has payments for ads or other money received from MHARR factories influenced  your new found admiration for Danny?

4) Why do you not show remarks opposing your views on your blog?

5) We’ve invited you and Danny to debate MH Industry related topics; why have you not done so?

6) As an industry commentator, did you know that GSE reform was on the MHI legislative agenda?

7) You are fine with asking questions, so why do you not provide the courtesy of replying to questions when you are asked?

Questions provided to Danny Ghorbani and M. Mark Weiss at MHARR

1) We’ve asked many times, and ask again, what are the achievements of your last last 5 years at MHARR?

2) Why is it necessary to undermine MHI to make yourself look better?

3) Specifically what did you do – apart from MHI – that makes this advancement in GSE Reform your sole victory?

4) And how is this bill – not yet a law – more of a victory than HR 1779 or S 1828?

Previous Reports, Posts and Articles on this or Related Topics

Some Related Story Links:

Downloads and Attachments:

Commentary on MHARR ad from a cross section of MHPros in the Industry are found here.

Lenders Say “Buy Home Now”

December 16th, 2013 Comments off

HomeFinder.com suggests reasons for buying a home before the end of the year include new lending rules which will move debt-to-income ratio requirements higher, possibly making it more difficult to buy property. Additionally, mortgage rates are already up one to two percent, but grabbing a fixed rate mortgage (FRM) at 4.5 percent for 30 years still remains possible. And, as housingwire.com tells MHProNews.com, buyers can begin deducting the interest immediately. The lenders surveyed also say 2014 will be a definite test market for the mortgage industry with the new rules and the possible tapering of the federal stimulus.

(Image credit: housingwire.com)

NAR releases 2013 Profile of Home Buyers, Sellers

November 20th, 2013 Comments off

Highlights-NAR-HBS-2013lawrence_yun,_nar_chief_economist=realtor-mag-realtor-org-The National Association of Realtors (NAR) recently released its 2013 Profile of Home Buyers and Selelrs. Saint Louis Today tells MHProNews the American Dream of home ownership is alive and well. Sixty-six percent of buyers surveyed are married couples, the highest percentage since 2001. The percentage of single home buyers dropped to 25 percent, which is a drop of 7 percent in the last two years. “Single homebuyers have been suppressed the last three years by restrictive mortgage lending standards, which favor dual-income households that are more likely to have higher credit scores,” said Lawrence Yun, NAR chief economist, about the survey results. “Affordability conditions remain favorable in much of the country, but consumers need access to safe and sound financing, particularly the 30-year, fixed-rate mortgage and with low down payment options for first-time buyers.”

You can download an abridged version of the NAR 2013 Profile of Home Buyers and Sellers here. ##

(Photo credit: RealtorMag)

Congressman Criticizes Cordray

September 10th, 2013 Comments off

Rep. Patrick McHenry, (R-N.C.) rapped Consumer Financial Protection Bureau (CFPB) Director Richard Cordray for suggesting credit unions make mortgages to borrowers they see as a reasonable credit risk even though they fall outside the guidelines of the qualified mortgage (QM) rule. Rep. McHenry says that is opening the door for potential litigation against lenders. As nationalmortgagenews tells MHProNews, the QM rule, which is scheduled to take effect in Jan., 2014, protects lenders from litigation in cases of default, and also protects Fannie Mae, Freddie Mac and FHA loans. But McHenry, as Chairman of the House Financial Services Subcommittee on Oversight says: “If you truly desire that creditors venture outside the walls of the QM rule, I strongly recommend the CFPB work to remove the repercussions of legal action, rather than simply urge lenders to try their luck.”

(Image credit: texaslendingtoday)

Housing Recovery Sidetracked by Dearth of First-Time Homebuyers?

September 9th, 2013 Comments off

The lack of first-time homebuyers who are choosing to rent or remain with their parents is causing concern among industry experts. In addition, many young adults only remain at their jobs for two of three years resulting in the lack of interest in being tied to a mortgage. MHProNews has learned investors are buying many homes that might otherwise go to first-time homebuyers, further suppressing young adult homebuyers and, says, LRES CEO Roger Beane, interrupting “the natural liquidity of the recovering market.” Dale McPherson, president and CEO of Field Asset Services, however, says investors are filling the gap left by the lack of first time homebuyers, and that keeps the housing market flowing. HousingWire commentator Megan Hopkins clears the slate: Many factors are intertwined in the housing market recovery, and intense scrutiny sometimes goes to each one that gets away from expectations. She adds: “It’s important to note there are so many factors at play in a recovering market that there will always be fluctuations that alarm industry experts.”

(Image credit: rent-direct)