Privacy Policy
Welcome to the American Housing Programs Internet Site ("Site") on the World
Wide Web. Please review these Site terms of use which govern your use
of our Site. By accessing, browsing, or using this Site, you acknowledge
that you have read, understand, and agree to be bound by the terms and
conditions outlined below. If you do not agree to these terms then please
do not use this Site. We reserve the right to change, modify, add or
remove portions of these terms at any time. If you continue to use the
site after we have posted changes to the terms, it means you have accepted
those terms.
Site Contents, Ownership, and Use Restrictions
The information contained in this Site including all images, illustrations,
designs, photographs, videoclips, writings and other materials that
appear herein are copyrights, trademarks, trade dress or other intellectual
property owned, controlled, or licensed (all of which, collectively,
are herein referred to as the "Contents") by American Housing Programs
and its parent company and affiliates, or are the property of their
respective owners. The name American Housing Programs, HousingPrograms.org and the
American Housing Programs logo are registered marks.
Everything you see or read on this site is owned by us or used with
permission. You may not copy, use, or retransmit anything for our site
without our express written permission. Furthermore, you are not allowed
to post or distribute any material you do not own or which you do not
have permission to use. Violation of this policy may result in copyright,
trademark, or other intellectual property rights violation and subject
you to civil or criminal penalties.
Comments, Feedback, Postings, and Other Information
Submissions
You agree that any material, information, and ideas that you transmit
to this Site or otherwise provide to American Housing Programs ("Transmissions")
shall be and remain American Housing Programs's property.
All Transmissions will be treated as non-confidential and non-proprietary
and American Housing Programs shall be under no obligation of any kind with respect
to such information and shall be free to reproduce, use, disclose, and
distribute the Transmissions to others without limitation. Additionally,
American Housing Programs shall be free to use any ideas, concepts, know-how, or techniques
contained in such information for any purpose whatsoever including,
but not limited to, developing, manufacturing, or marketing products
incorporating such information. You further agree that American Housing Programs may
use information about your demographics and use of this Site in any
manner that does not reveal your identity.
In addition, you agree, and are hereby put on notice, that you are
prohibited from posting or transmitting to or from this Site any unlawful,
threatening, libelous, defamatory, inflammatory, pornographic, or profane
material or any other material that could give rise to any civil or
criminal liability under law. You are solely responsible for the content
of any comments you make.
Appropriate Online Conduct and Content
Anytime, with the exception of private e-mail, you upload to, distribute
content, or publish through us, you grant us the right to edit, copy,
remove, distribute, create derivative works from and publish such content
in any form and medium, whether electronically or in hard copy and whether
alone or as part of a collective work. You shall retain, however, whatever
other rights you have in pre-owned elements of such content. All areas
on the Service are public and not private communications. Chats, postings,
conferences, and other communications by users are not endorsed by us
and such communications shall not be considered reviewed, screened or
approved by us. We reserve the right for any reason to remove without
notice any contents of the Service received from a user, including without
limitation message board postings.
This Web site contains hyperlinks to Web sites operated by parties
other than us. Such hyperlinks are provided for reference and convenience
only. We do not control such Web sites, and are not responsible for
their contents. Just because we have hyperlinks to such Web sites does
not mean we endorse any of the material on such Web sites or have any
association with their operators.
Our Rights to Edit or Delete Content
We can, whenever we want, edit or delete any content displayed, uploaded
to, distributed, or otherwise published through the Service. We believe
in free speech and want your opinions to be shared here.
You are entirely responsible and liable for all of your activities
on American Housing Programs. Listed below are some, but not all, violations that may
result in termination of your access to the site. By using this site,
you agree not to do any of the following:
- Post, transmit, promote, or distribute content that is illegal. Harass,
threaten, embarrass, or do anything else to another member that is unwanted.
This means: insulting them, repeatedly sending them unwanted messages,
attack their race, heritage, gender, sexual preference, etc.
- Transmit or facilitate distribution of content that is libelous, harmful,
threatening, harassing, abusive, racially or ethnically offensive, vulgar,
sexually explicit, obscene, defamatory, or objectionable in a reasonable
person's view.
- Disrupt the flow of chat areas with vulgar language, abusiveness, or
other conduct that may disrupt normal activities.
- Pretend to be anyone whom you are not. You may not impersonate another
member, a American Housing Programs staff member, or anyone else.
- Attempt to get a password, other account information, or other private
information from a member, or harvest e-mail addresses or other information.
- Post, transmit, promote, or distribute content that is illegal.
- Post any unsolicited advertising, promotional materials, or any other
forms of solicitation.
- We reserve the right to remove content at any time, including any content
that violates these standards. We are not responsible for any objectionable
material you may encounter while using the Service.
Users Under 13
If you are under 13 you HAVE TO ask your parents for permission before
sending any personal information to us or to anyone else. We do not
rent nor sell personal information about any of our users EVER without
your prior consent.
The United States Children's Online Privacy Protection Act went into
effect on April 21st, 2000.
Disclaimer of Liability
IN NO EVENT SHALL American Housing Programs AND/OR ITS PARENT COMPANY BE LIABLE FOR
SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS,
WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED
TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT
OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS
OF THIS SITE.
We and anyone who helped us to create, produce, deliver, or maintain
the site are not liable for any damages that may result from your use
of the site. This includes direct, incidental, consequential, indirect,
or punitive damages and attorneys' fees arising from your access to,
or use of, the site, including but not limited to challenges or actions
for infringement, libel, and slander. Therefore, your use of this site
is at your risk only. Further, everything on the site is provided to
you "as is," without warranties of any kind, either express
or implied, unless such warranties are legally incapable of exclusion.
Upon our request, you agree to indemnify and hold us harmless from all
liabilities, claims and expenses, including attorneys' fees, that arise
from any breach of these terms of service for which you are responsible,
or from the use of this service or the transmission of any content through
this service. In other words, if you do something that, according to
these terms, warrants your termination from the service or expulsion
from the site, you must accept full responsibility for anything that
happens afterwards.
From time to time, American Housing Programs may promote or offer services and/or
products by a third company("OFFERS"). IN NO EVENT SHALL American Housing Programs
AND/OR ITS PARENT COMPANY BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER CAUSED BY THE USE
OR FULFILLMENT OF THESE OFFERS.
Privacy Policy
Our goal in collecting personal information from you upon registration
is to provide you, the user, with the best experience possible. Your information is
stored in our database and passed on only to one of our participating mortgage
companies / loan originators.
Their privacy policy is similar to ours, and we ensure that your information
stays as safe as on our site. We will not sell, rent, or distribute
any of the registration information that you provide to us without your
prior consent.
But, keep in mind that whenever you voluntarily give out any personally
identifying information in discussion areas or elsewhere, that information
can be collected and used by others. Personally identifying information
includes your name, your home or other physical address, e-mail address,
telephone number, or any information that makes you identifiable. If
you post any of this personally identifying information in online areas
that are accessible to the public, you may receive unsolicited messages
from other parties in return. Furthermore, we cannot ensure or warrant
the security of any information you transmit to us, and you do so at
your own risk. Any information you disclose to us becomes our property.
Anyone under the age of 18 must obtain parental permission before giving
out any personally identifying information or sending any information
to us. Children under age 13 must obtain parental permission to register
on our site
Mortgage Company and Loan Originator Disclosure
Housing Programs, Inc. Contractual Terms and Conditions under the Mortgage
Company/Originator Agreement
Duties of Housing Programs, Inc. hereinafter referred to as HP and Mortgage
Company/Originator
The Mortgage Company/Originator, hereinafter referred to as MC, has entered
into a Mortgage Company/Originator Agreement, hereinafter referred to as Agreement
with HP in a selected market area, identified in the Agreement. MC has been
provided access to the HousingPrograms.org web site backend administration section
with access codes. MC has been provided written instructions on how to access up to
25 MLS listed homes in its selected market area, by accessing the Lender Training
area at the HousingPrograms.org web site and attending a 2 hour online recorded
training session. HP also provides MC with real estate agent databases in the state
which MC executed the Agreement.
HP will provide and update MC with information, training and access to Federal
assistance programs available on the market, until 2010 at it web site located at
HousingPrograms.org. HP will send notices of such information by fax, e-mail,
online conferences and in person meetings, to loan originators, loan processors and
associates of the MC including its branch offices and net branch offices. MC is
required to inform HP in writing, if there are any associates, affiliates, branch
offices, net branch offices of the company that it does not want the notices of
information, training and programs sent to. Failure to do so makes the MC fully liable
for any claims, actions or law suits that MC associates, affiliates, branch offices or
net branch offices may bring against HP.
MC may have a total of five originators or processors with pass codes to the
HousingPrograms.org system. The MC may add additional originators or processors from
it current location, any branch or net branch office in the selected market area.
As homebuyers apply at HousingPrograms.org, the system stamps that date and time
that the application was received by the MC. If the MC does not begin to work with
the applicant within five days, the system can reassign the applicant to another MC.
If MC does not enter the credit scores of the applicants into the system within ten
days of receiving an application, the system can reassign the application to another MC.
Originator must make a note of the contact and actual contact must occur, written text must
be noted on the 1003 application and the file saved for the 5 day contact period to be meet.
Credit scores must be obtained and entered into the 1003 application and the data saved into the system
"It is the responsibility mortgage companies and loan originator to login to the Extranet system
and check for new applications and update your existing applications, questions about how to use the
system can be answered by checking our Lender Training section and/or attending a weekly online training
seminar."
Participating Mortgage Companies and/or Loan Originators must conform with the Homebuyer Education
requirements for all Homebuyer applications received from HP. When a Homebuyer completes their
application at Housing Programs.org, the system immediately takes them to the section with the Buyers
Ed link and explanation. The explanation states, Homebuyers are also required to attend a online
Education class. At time of all Homebuyer closings, produced by the HP system, Mortgage Company
and/or Loan Originator must place on the HUD 1 settlement statement the $250 Homebuyer Education fee
as an expense to the homebuyer, or pay the $250 to HP within 3 business days of closing. If Mortgage
Company and/or Loan Originator fails to make the $250 payment to HP, Mortgage Company and/or Loan
Originator are in violation of the Agreement entered into with HP and agree that they are subject to
treble damages for each violation and to legal venue in Harris County, Texas.
All participating mortgage companies and loan originators agree that any 1003 homebuyer applications
received through the HP system will be kept strictly confidential and no information gathered from the
application will be shared, sold or disclosed to any third party. It is the mortgage company and/or loan
originators sole responsibility to originate a mortgage loan for the HP assigned homebuyer applicants.
If a mortgage company or loan originator terminates its agreement with HP, it may do so at any time.
Written notice must be sent to the homebuyer applicant(s) and to HP that the mortgage company or loan
originator will no longer be involved with the homebuyer’s application, within three days of notice
of termination to HP, by certified mail, return receipt requested. Failure to notify the homebuyer of
termination in writing and keep the social security numbers listed in the 1003 homebuyer applications
and the consumers personal financial data, may result in civil liability and or criminal penalties
including but not limited to, fine or imprisonment or both under the provisions the of Title 18, of United
States Code, Section 1001, et.seq, along with liable for monetary damages to HP., its agents, successors
and assigns, insurers and any other person who may suffer any loss due to inappropriate actions taken by
the mortgage company or loan originator.
Any mortgage company or loan originator who has not notified HP or the homebuyers regarding their
1003 loan applications that HP has provided, within the three business days of notice of termination
rule, as stated above, will abide by the Texas Savings and Loan Department rules and regulations and
may be subject to suspension or revocation of the mortgage company and or loan officers license. Mortgage
company and loan officer who have not adhered to the HP policy, agree to attend mandatory arbitration,
within 15 days of notice, to be conducted at the Law Office of Bousquet and Jackson, located at 9225 Katy
Freeway, suite 103, Houston, TX, 77024. Mortgage company and or loan officer agree that arbitration notice
can be verbal and agrees to permit the telephonic recording of such notice.
Homebuyer Requirements
As Homebuyers complete the Housing Programs application at HousingPrograms.org, the applications are routed to the participating mortgage lenders who have been provided access to down payment assistance programs. Upon completion of the application, the Homebuyer is informed that they can select a trained Housing Programs Realtor or use any Realtor of their choice. Homebuyers are hereby notified that all homes that are listed in the MLS system of the local board of Realtors, the Homebuyer must use a local Realtor for the purchase of the property and if no Realtor is selected, Housing Programs, Inc., a licensed real estate broker, will act as the broker on the behalf of the purchaser.
Limitations of HP is Liability
MC agrees to indemnify and hold HP harmless of all liability, under its obligations per
paragraph 3 of MC Agreement and the HP Terms and Conditions. MC shall be responsible to pay
for all of HP legal fees to defend any and all actions, claims or lawsuits of the MC associates,
affiliates, branch offices or net branch office. The governing law of the state and the county
named in the MC agreement is the agreed to venue and any other venue not listed in the MC
Agreement, but selected by the court, the MC agrees to pay all reasonable expenses, such as air
fares, car rentals, hotels for HP attorney’s and principals to defend such claim or lawsuit in a
new venue. Any actions claims or lawsuits against HP brought by any associate of the MC,
including branch offices and net branch offices in the selected market area, are to be defended
solely by the MC.
Revisions of Contents and Terms
In an effort to provide our users with the most current information,
American Housing Programs will constantly make changes in the Contents and in the products
or services described on this Site. We reserve the right to modify the
points system and prize requirements at any time with or without notice.
American Housing Programs may revise these terms of use by updating this posting.
You agree that in the event any portion of these Site terms of use are
found to be unenforceable, the remainder of these Site terms and conditions
shall remain in full force and effect. By using this Site you agree
to be bound by any such revisions and should therefore periodically
visit this page to determine the then current terms of use to which
you are bound.
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