
Volume 4 | Issue 148 | Wednesday, August 03, 2005
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"Identity theft—the fastest-growing crime in America—is a form of financial terrorism, pure and simple."
--Adam Levin, chairman of Identity Theft 911 and former director of the New Jersey Division of Consumer Affairs.
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Top National News
Residential Finance News
Rates Spike Up in Weekly MBA Application Survey
Technology Alleviates Risk Concerns
Commercial/Multifamily Finance News
DealMaker of the Day
MBA News
Mortgage Industry Couple Takes Professional Designations Seriously
MBA NewsLink Reprint Policy
Spotlight: State and Local
N.J. Identity Theft Could Get Worse, Study Says
Executives Giving More Details on Option ARMs
American Banker (08/03/05); Shenn, Jody
Four companies--FirstFed Financial Corp., Golden West Financial Corp., IndyMac Bancorp Inc. and Washington Mutual Inc.--all recently have volunteered details on aspects of their originations and portfolios of "option" adjustable-rate mortgages that they had previously never disclosed or revealed only on a sporadic basis. Specifically, WaMu CEO Kerry Killinger indicated that concerns about rising home prices motivated its sales of nearly 75 percent of its option ARM originations; while WaMu CFO Thomas Casey confirmed that just 8 percent of the company's option ARMs began with loan-to-value ratios above 80 percent. For the other three firms, the expanded disclosures also included the amount of negative amortization their borrowing clients are actually using. One of the big reasons for the focus on such loans is the inherent risk posed by the combination of inflated housing prices and growing loan balances in several markets, coupled with what is generally considered looser mortgage underwriting.
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Cash-Out Loan Refis Rise 25 Percent
Los Angeles Times (08/03/05) P. C4
A drop in mortgage rates helped drive cash-out refinancings up 25 percent to $212.3 billion in the second quarter from $169.6 billion during the prior three-month period, according to Freddie Mac. Nearly three-quarters of all refinancings involved cashed-out equity during the April-through-June period, marking the highest level since 2001. Freddie Mac expects homeowners to tap into $161.6 billion in equity for all of 2005, breaking the previous record of $146.9 billion in 2003. The number of homeowners looking to extract equity via refinancing currently surpasses those interested in lowering their rates, says Freddie Mac chief economist Frank Nothaft.
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Housing Industry Awakens to the Latino Market
Wall Street Journal (08/03/05) P. B8; Brat, Ilan
Home builders are loosening their credit standards and mortgage lenders are getting creative in an effort to target the Hispanic market, whose homeownership rate of 49 percent is well below the national rate of 69 percent. Last year, Countrywide Home Loans started offering loans with no down payment to prospective borrowers who can provide a year's worth of utility bills, rent or even cable payments--a product that should serve the Hispanic market well, according to Mary Salinas Duron, executive vice president of national multicultural markets for Countrywide. "Because they do business slightly differently, it doesn't mean their loan becomes riskier," she insists. Home prices in markets such as Los Angeles, Miami and New York appear to be rising rapidly in part from demand by immigrants; and low-income, first-time Hispanic buyers are driving prices higher in neighborhoods that have struggled for some time.
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Customers Accuse Ameriquest of Excessive Fees, Altered Terms
Boston Globe (08/03/05); Blanton, Kimberly
Eight lawsuits have been filed across the country accusing Ameriquest Mortgage of charging borrowers excessive fees or changing agreed-upon terms for refinancing loans, and the plaintiffs are seeking class-action status. Borrowers in Massachusetts filed a lawsuit in U.S. District Court in Boston in February, alleging that after negotiating to refinance, the California-based subprime lender "uniformly promised" to refinance a second time--sometimes within months--"on more favorable terms" in order to recoup additional fees. Ameriquest already is ensnared in litigation nationwide involving charges that it engages in deceptive sales practices, including bait-and-switch tactics and failure to disclose steep prepayment penalties. The lender last week reached a tentative $325 million settlement with 30 states over its sales practices.
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HUD's 184 Mortgage Touted to State Brokers
Indian Country Today (08/03/05); Fogarty, Mark
The general consensus that came out of the recent Florida Association of Mortgage Brokers' annual convention is that HUD's section 184 guaranteed American Indian mortgage is a viable niche product for lenders. The federal agency so far has guaranteed upwards of $200 million in HUD 184s and has established goals of $100 million for 2005 and $200 million for 2006. To help achieve these ambitious objectives, HUD officials have expanded the definition of "Indian areas" to now include 11 entire states, including Florida--the first to be opened up, at the request of the Seminole Tribe of Florida. Sherri Eckles, sales and training manager at New York-based M&T Mortgage Corp., cautioned convention attendees that HUD 184s can be hands-on and take longer to process than conventional mortgages.
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Dark Side of Subprime Loans
Boston Globe (08/03/05); Blanton, Kimberly
Nonprime loans account for 12.3 percent of all mortgages in Massachusetts, up from 1.6 percent five years ago. ForeclosuresMass Corp. believes an increase in nonprime lending helped push foreclosure filings up 31 percent during the first six months of the year. There now are concerns that rising unemployment or a drop in home prices in the Greater Boston area could lead to a downturn and further increase the pace of foreclosures. However, MortgageDaily.com publisher Sam Garcia credits nonprime lenders with expanding homeownership to those with sufficient incomes whose low credit scores prevent them from obtaining traditional loans.
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Fed Sees Bond Market as Hurdle to Efforts to Contain Inflation
Wall Street Journal (08/03/05) P. A2; Ip, Greg
The Federal Reserve is poised to hike the short-term interest rate to 3.5 percent at its Aug. 9 meeting, and officials believe the benchmark will climb even further if the bond market continues to hold down long-term rates at unusually low levels. The central bank is in the midst of a campaign to push the short-term rate to a neutral level, but officials say the bond market's behavior is making it difficult to identify the stopping point. Analysts believe neutrality is somewhere between 3 percent and 5 percent. The Federal Reserve has lifted the federal-funds rate to 3.25 percent from 1 percent since June 2004, at the same time that the 10-year Treasury yield has slipped below 4 percent from 4.7 percent; the yield has since rebounded but remains low at 4.3 percent.
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Firms Not Fazed by Same-Sex Decision
Los Angeles Times (08/03/05) P. C2; Selvin, Molly
A recent ruling by the California Supreme Court that forces businesses to offer same-sex couples listed on the state's domestic partner registry the same services, discounts and privileges afforded to married couples is not expected to hinder company operations. Most businesses say they no longer have policies that give married couples special treatment, mainly due to a new state law that puts registered domestic partners on equal footing with married couples in terms of rights and responsibilities. California Mortgage Bankers Association communications director Dustin Hobbs does not foresee any changes in the residential-finance business. He notes that the association has suggested that its members ask about a couple's relationship at the start of the origination process so that registered domestic partners receive the same treatment as married couples.
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| Rates Spike Up in Weekly MBA Application Survey |
MBA (8/3/2005) Besaw, Susan
Key interest rates rose to their highest level in four months, according to the latest Weekly Applications Survey from the Mortgage Bankers Association for the week ending July 29.
The average contract interest rate for 30-year fixed-rate mortgages increased by 11 basis points to 5.83 percent from 5.72 percent, with points decreasing to 1.16 from 1.31 (including the origination fee) for 80 percent loan-to-value (LTV) ratio loans.
The average contract interest rate for 15-year fixed-rate mortgages increased by nine basis points to 5.41 percent from 5.32 percent one week earlier, with points decreasing to 1.13 from 1.25 (including the origination fee) for 80 percent LTV loans. The average contract interest rate for one-year adjustable-rate mortgages (ARMs) increased to 4.78 percent from 4.70 percent one week earlier, with points increasing to 1.00 from 0.98 (including the origination fee) for 80 percent LTV loans.
The Market Composite Index stood at 752.1, a decrease of 0.3 percent on a seasonally adjusted basis from 754.3 one week earlier. On an unadjusted basis, the Index decreased by 0.3 percent compared with the previous week but was up by 20.7 percent compared with the same week one year earlier. The four-week moving average for the seasonally-adjusted Market Index is down 3.2 percent to 774.9 from 800.2.
The seasonally-adjusted Purchase Index increased by 1.9 percent to 494.5 from 485.1 the previous week. The Refinance Index decreased by 3.0 percent to 2250.3 from 2320.3 one week earlier. The four-week moving average is down by 1.3 percent to 489.3 from 495.9 for the Purchase Index and down by 5.2 percent to 2435.8 from 2570.3 for the Refinance Index.
Other seasonally adjusted index activity includes the Conventional Index, which decreased by 0.4 percent to 1130.1 from 1134.9 the previous week, and the Government Index, which increased by by 2.1 percent to 121.3 from 118.8 the previous week.
The refinance share of mortgage activity decreased to 41.7 percent of total applications from 42.9 percent the previous week. The ARM share of activity decreased to 28.5 percent of total applications from 29.4 percent the previous week.
The survey covers nearly 50 percent of all U.S. retail residential mortgage originations, and has been conducted weekly since 1990. Respondents include mortgage bankers, commercial banks and thrifts.
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| Technology Alleviates Risk Concerns |
MBA (8/3/2005) Murray, Michael
As the risk of rising interest rates keeps mortgage bankers awake at night, technological innovations are helping them get some sleep.
"The principal risk on residential mortgages is market risk or interest rate risk for financial institutions that make them," said James Wiener, managing director at Mercer Oliver Wyman, a financial services risk management consulting firm in New York.
The development of quantitative tools to measure risk, however, reduces underwriting risk in residential loans. "Those types of tools have outperformed more conventional underwriting techniques," Wiener said. "These statistical risk measurement tools, we think, demonstrate a superior ability to differentiate and measure risk. They have been valuable in the underwriting and risk management processes."
Weiner noted technological innovation helps lenders improve the management, mitigation and pricing for risk. "That also has to do not only with the underwriting of the asset and placing it on a financial institution’s balance sheet but because most residential real estate loans go into securities, the ability to service and report on very complex securities is actually a help in the liquidity and demand of the underlying whole loan collateral," he said.
Risk management improvements in security servicing, trading, hedge strategies and derivatives depend on technology for residential real estate loans. Interest rate derivatives, such as swaps, interest rate options and forward contracts, help lenders hedge their interest rate risk. "Hedging risk is essentially taking an informed bet on the direction of credit," Wiener said. "The only reason to hedge risk is if the probability of a downside event is too significant for the balance sheet to bear it on its own."
Wiener said that if a financial institution’s risk position of their balance sheet is more transparent to the outside world, it exposes a market discipline on the types of risks they are taking, whether the risks on their balance sheet are appropriate and whether other players in the financial services space are better able to hold their grip. "All those things are facilitated by technology," he noted. "People would not have the level of transparency without technological innovation."
Wiener said with more information, the accuracy and transparency facilitated through the technology helps investors understand and have more comfort for [the assets] they are buying. "It allows for larger and more liquid markets in these securities," he said.
That result led to faster product innovation, including interest-only (IO) loans and option adjustable-rate mortgages (ARMs). "The ability to give consumers a wide range of products, including products that may be more risky, is facilitated by technology," Wiener said.
He noted that lenders are receiving appropriate compensation for their risk based on the underwriting but, in any downturn economic cycle, a few lenders will "undoubtedly" turn out as "aggressive" in their lending practices. "Even with prudent underwriting, there are going to be more losses in an economic downturn than there is now," Wiener said.
Based on Mercer Oliver Wyman’s industry experience, the firm does not believe there is going to be a systematic issue with industrywide losses due to products, such as interest-only loans. "Now if the cycle continues, and [lenders] loosen and loosen standards, that certainly can change," Wiener said.
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| DealMaker of the Day |
MBA (8/3/2005) Murray, Michael
Tremont Realty Capital, Boston, arranged more than $26.75 million in financing for three hotels from the south of Miami to the north in Chicago.
David Ross, senior director in Tremont Realty Capital’s Boston headquarters, structured a $9 million bridge loan for South Beach Resorts LLC to acquire and convert The Boulevard Hotel into hotel condominiums. The bridge loan represented 86 percent of the total cost of acquisition and renovation, including soft costs, and was structured as an interest-only floating rate loan that was priced over LIBOR.
The Boulevard Hotel is a 43-unit hotel and restaurant, located on Ocean Drive directly in South Beach Miami. "The location made this deal extremely viable in our eyes,” Ross said. “Everyone who has been to South Beach has walked under the restaurant's awnings at some point during their stay."
While a hotel/condo conversion itself is by definition speculative, Ross convinced one of Tremont's close capital relationships of the strength of the transaction. The lender was able to very quickly recognize and determine the real estate play intrinsic in this location, provide a term sheet, and close on the transaction all in the short period of time, as proposed in the purchase agreement, he said.
In Chicago, Tremont arranged the refinance and redevelopment of a 195-room, full-service Double Tree Club Hotel with nearly 6,300 square feet of meeting space in Palantine, Ill, a northwest suburb near the city. The property is to be redeveloped under the Hotel Indigo brand with the Intercontinental Hotels Group.
Michael Hart, a senior director in Tremont’s Chicago office, arranged the 36-month, $4 million mezzanine loan, funded through a correspondent investment fund and provided for nearly 85 percent loan-to-cost.
“The existing senior mortgage was restructured to accommodate the infusion of the fresh capital,” Hart said. "The additional mezzanine financing allowed the borrower to renovate and re-flag the asset into a new boutique Indigo concept from Intercontinental Hospitality Group. The high leverage solution eliminated the need for additional partners and dramatically lowered the cost of capital."
The Chicago office of Tremont Realty Capital also arranged debt refinancing of a hotel portfolio in Lexington, Ky., which included the Baymont Inn, a Holiday Inn and a Best Western totaling more than 500 rooms.
Tony Kolomayets, a senior director with Tremont, arranged the 24-month, $13.75 million loan funded through an undisclosed Chicago-based bank. It provided about a 68 percent loan-to-stabilized value. The interest rate was 1.5 percent over the Bank of America prime rate.
"The key to the transaction was to accommodate the borrower with flexible financing, which accomplished several goals for our client such as, taking out the existing high-rate financing and providing a large amount of additional cash flow with the new loan," Kolomayets said.
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| Mortgage Industry Couple Takes Professional Designations Seriously |
MBA (8/3/2005) Sabol, Krista
Pamela Milano, CMB, CMT, and Peter Wyman, CMB, CMT, have been married for six years. Both have earned two prestigious mortgage banking industry designations – the Certified Mortgage Banker (CMB) and the Certified Mortgage Technologist (CMT).
Offered by CampusMBA, the educational arm of the Mortgage Bankers Association, these designations are pinnacle points of recognition in the industry. Achieved through a blend of industry experience, education, and participation, CampusMBA designations exhibit one’s steadfast commitment to the industry and to professional development. Pam and Peter both place a high emphasis on pursuing and achieving personal and professional goals.
Two years ago, CampusMBA’s director of CampusMBA Designations called Peter to recruit him as a member of the first class of Certified Mortgage Technologist designees. When he told Pam about it, she decided she also wanted to pursue the designation.
Pam recalls: “At the time, I was working on the business side of mortgage lending, but I had also worked with technologies. We are a very competitive couple, and we had to decide what project we’d each present. We challenged each other constantly throughout the entire process.”
Peter says that Pam was clearly the driver for the pursuit of their CMT designations. This wasn’t Pam’s first experience with a rigorous designation program. In fact, she earned the CMB the year before, and Peter helped her study for her written and oral exams.
“Pam and I were at a CMB reception that introduced the CMT, and we paid for both of our enrollment fees right then and there," Peter said. "I wasn’t ready to make the CMB commitment, so the CMT was a great stepping stone. The School of Mortgage Banking Course I got me up to speed for the basics for the CMT–and it prepared me for the CMB exam. To be honest, I was surprised that Pam was interested–it was a great experience to earn it together.”
“It has been an honor to work with individuals like Pam and Peter,” says Jennifer Ridings, director of MBA Designations. “They are real champions for professional development and they never stop learning. They always come back for more and by doing so they take the industry forward to the next level. They are constantly giving back to MBA and to the industry.”
Preparing for the CMT
Peter says that preparing for the CMT was a little different than the CMB, citing that it doesn’t involve as heavy book studying as the CMB–Peter earned his CMB in 2004.
“Studying for the CMT involved a great deal of discussion on topics and key points of our projects. We batted around the specifics of our interests and read each other project drafts for quizzing.” His approach to studying for the CMB was very different: “The breadth and depth of knowledge required for the CMB is daunting, and Pam and I have very different study habits. It made for an interesting time in our household. Pam is a tactile learner. She prepares a three-ring notebook of information that she highlights extensively and can study with the radio on. I am more of a visual learner and have to be in a quiet library setting to study. I did my CMB studying with my SOMB I notebook and with lots of questions from Pam.
It was a thrill and an honor for Pam to be one of the first designees CMT designees, and she became close friends with this group. She feels that the paper she presented is one of the best she has ever produced, yet she felt some anxiety along the way, particularly toward the oral essay: “The oral presentation and thesis defense is conducted via conference call. You can’t see who’s on the other side of the process and you don’t know what questions the panel will ask. However, all of the candidates were in the same boat, and none of us knew what to expect, but we got through it. It’s a wonderful and challenging program.” Thirty-two professionals have earned the designation since the first class finished in Spring 2004.
Pam advises CMT candidates to choose their projects wisely: “Choose a non-proprietary project and approach it like a Master’s thesis.” Peter suggests that candidates write about a topic they have personal experience with and to remember that the CMT is not a technology designation; rather, it’s about solving a business problem.
“Today, there are so many projects and processes that are enabled with technology that people may be fearful that their project must be very technically rigorous,” Peter said. “In fact, you can earn your CMT designation based on your ability to demonstrate an understanding on how to leverage technology in mortgage banking.” His paper revolved around updates to point of sale lending technology that take advantage of today’s connectivity options. With the impact of wireless technologies, users can now be occasionally connected and can improve their productivity while away from their office.
Pam’s paper chronicled her team’s efforts to adapt Web technology to support a fulfillment services offering to third party originators. She says that it was easy to do the project because each had been successful, but she strongly advises candidates vet out the materials with the company lawyers.
“Some materials had to be removed from my project, because there was a little too much disclosure,” Pam said. “I would love to see the CMT papers published someday; there is a great deal to learn from these papers.”
Peter and Pam feel a great deal of pride on being a part of the first class, specifically because they are the only married CMTs. They do recognize, however, that they couldn’t have pursued the CMB at the same time. “It would have been too much pressure,” Peter said. “I was relatively new to the mortgage banking industry. Pam has been in the business much longer; so it was a longer haul for me to get my CMB.”
The Road to the CMB
Pam was sponsoring three candidates when she persuaded Peter into diving into the designation in 2004. She says it was an interesting time in their lives, because Peter spent eight weekends getting ready for the exam–in total silence. “Peter studies in complete quiet with his books, with not even a highlighter. He put a lot of time into preparing for the exam. It was extremely quiet and I left the house when he was studying.”
Having been a CMB for three years now, Pam is very passionate about helping CMBs along the candidacy process. For Pam, the most challenging moment throughout the CMB process was taking the test, and there was no formal prep course at that time. To prepare herself for the exam, she developed a four-inch binder of study materials consisting of issue papers and spreadsheets, and she has kept it up to date to this day. She provides all of the candidates she sponsors with a copy of this notebook to help give them the tools they need to successfully complete the program.
While taking the written test is challenging, facing the CMB panel during the oral exam is an entirely different challenge. “The orals are tough from an emotional perspective,” says Pam. “I was very nervous and scheduled to be the last candidate interviewed on that particular day. Brian Handal, CMB, was also a candidate that day and he saw how nervous I was. He switched spots with me so I could go first and be done. I have met lots of great friends along the way, especially during the CMT process.”
Reflecting on her own experiences, Pam urges those that are considering a designation to commit to the process and to doing what’s necessary to achieve it. “Put your heart and soul into it. Don’t blow off studying. If you are not ready to position yourself to dedicate the time and effort it takes to study and do your homework, wait until you are ready. Understand that a designation is not a gift; it’s an honor. Make no mistake—you work for it.”
Peter offers these words of advice to CMB candidates: Take the CMB Online Prep Course! “The course did three things for me. First, it boosted my study discipline. It’s very easy after a full day of work to not go home and study, and studying for a few weekends doesn’t cut it. The course made me do my studies on a regular basis. Second, the prep course test questions are very much like the types of questions you may encounter on the exam. Between the content and the CMB mentors, it’s like taking a practice test by the time you finished the course.” Lastly, Peter says the course reduced his anxiety over taking the written exam. He also made new friends along the way.
In addition to the CMB and CMT, Peter has an MBA and is a Certified Public Accountant. He feels that these types of designations are extremely important to elevating the perception of the mortgage banking profession and creating standards within the industry. “They are a testament to real estate finance knowledge and ethical considerations, and helps further solidify the stature of the profession in the industry. I am a big supporter of the designation process. While I want to make sure the standards are maintained, I encourage everyone to participate.”
To learn more about educational opportunities and professional designations programs offered by CampusMBA, visit www.campusmba.org/design or call (800) 348-8653.
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| MBA NewsLink Reprint Policy |
MBA (8/3/2005) MBA Staff
Articles appearing in MBA NewsLink are available as reprints for a nominal fee. Reprints are done on quality paper or can be sent electronically as a .pdf file. Reprints can be distributed to your employees, to illustrate presentations or for other communication purposes.
For reprint information on stories in MBA NewsLink, contact Al Esposito at 1-800-394-5157, extension 28.
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| N.J. Identity Theft Could Get Worse, Study Says |
MBA (8/3/2005) McAfee, Jamie
The rate of identity theft in New Jersey has increased by 36 percent over the past two years, according to a white paper measuring the impact of identity theft.
Identity Theft 911, Scottsdale, Ariz., released the paper, "Analysis of Significant Identity Theft Trends and Crime Patterns in the State of New Jersey," which found New Jersey has shown steady growth in the rate of identity theft, according to identity theft complaints filed with the Federal Trade Commission (FTC).
New Jersey’s complaint rate of 75.1 people per 100,000 was reported during 2004 compared to 68.9 people per 100,000 on 2003. Based on the complaints filed with the FTC, the incidence of identity theft in New Jersey is worsening, the white paper said.
An estimated 300,000 New Jersey residents (3.5 percent of the population) were victimized in 2004. Nearly one household in ten (9.8 percent) was victimized in 2004. The five New Jersey cities accounting for the highest FTC complaint levels during 2004 were Newark, 269 reports (4.1 percent); Jersey City, 254 reports (3.9 percent); Paterson, 113 reports ( 1.7 percent); Elizabeth, 93 reports ( 1.4 percent); and Trenton , 93 (1.4 percent).
Identity theft cost New Jersey enterprises and victims nearly $2 billion and more than 14 million hours in victim resolution in 2004, the paper said. Identity theft losses in New Jersey are 4.6 times higher than aggregate losses from burglary, larceny theft and motor vehicle theft.
"Identity theft—the fastest-growing crime in America—is a form of financial terrorism, pure and simple," said Adam Levin, chairman of Identity Theft 911 and former director of the New Jersey Division of Consumer Affairs. "This extremely serious threat has American consumers deeply concerned about the safety of their personal information. As the public begins to ask questions—and, more importantly, to demand answers—they're looking to the businesses and institutions they trust to take proactive steps to protect them against this crime."
Some businesses and institutions are already responding to this threat on behalf of customers, families, and communities: Affinity Federal Credit Union, based in Basking Ridge, N.J., will provide identity theft education and victim resolution at no charge to its 115,000 members. New Jersey Skylands Insurance Association entered into a partnership with Identity Theft 911 to provide identity-theft victim resolution and proactive education to its member owners. Rutgers University administrators are moving to phase out the use of Social Security numbers (SSNs) as default student identifiers and strengthen protection against data and identity theft at the same time.
"This report is unique in that state-specific data has never been extrapolated from the national data collected and maintained by the FTC and other federal sources," said Steve Christenson, president of Identity Theft 911. "The good news here is that a number of organizations in the state of New Jersey are stepping up to the plate and putting into place the appropriate infrastructure to educate and protect their customers, members, and employees against identity theft."
"It's also noteworthy," Levin added, "that many of the organizations Identity Theft 911 is working with in New Jersey— including Affinity Federal Credit Union, New Jersey Skylands, Rutgers University, Credit Union of New Jersey, MetLife Auto & Home and many other leading businesses and institutions—are providing these services to their constituents free of charge. American consumers need help here and now in dealing with this epidemic. Addressing their needs first and foremost is essential for the fight against identity theft to succeed."
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