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In Trouble With Your Mortgage? Call Your Lender - Now!

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Last month we did a two part article on foreclosure. The bottom line was, if you are in financial trouble, take control of the situation and get in touch with your lender the very minute that problems loom.

That message has been upper-cased, bold-faced, and underlined by a recent report from the National Consumer Law Center.

The Center's recent report "Dreams Foreclosed: The Rampant Theft of Americans' Homes Through Equity-Stripping Foreclosure 'Rescue' Scams", is a pretty sad indictment of those real estate investors who will, apparently, go to any length to make a profit off of the misery and misfortune of others. But, turned inside out, the report can serve as a strong warning to homeowners who find themselves in financial difficulty to pay attention before they are coerced or provoked to cast caution aside in an attempt to save their homes.



The report, which incidentally reads a little like a who-dunit with state-by-state case studies, starts out with the statement that "A new wave of fraud and fast-dealing is ripping the homes right out from under thousands upon thousands of Americans."

Well, that should be enough to catch almost anybody's attention.

The report ties the necessity of this warning to the virtually unprecedented rise in real estate values coupled with financial pressures on many American families - the rising costs of health care, education, housing, and increasing job insecurity - and the downward pressure on real income. The report goes on to indict the nation's lenders "with their increasingly reckless extension of credit plus their striking array of grossly unfair and extremely high priced credit products collectively known as 'predatory lending.'"

The very nature of foreclosure itself plays into the situation. Homeowners facing foreclosure are "by definition short of money." This limits their ability to hire an foreclosure lawyer or find other truly helpful ways out of their situation. And in those many states where foreclosure is non-judicial (there are two kinds, judicial foreclosure and non-judicial foreclosure and in the latter no court is overseeing the process), there is a lack of transparency; a homeowner is given no clear sense of where to turn or how much time remains to reverse or stop the foreclosure process.

There, the report says, at the junction of "pressures and surging home values" foreclosure rescue scams find fertile ground.

Foreclosure "rescue" comes in at least three forms with countless variations on each. In the first the rescuer charges high fees to perform activities that the homeowner, properly informed, could have done on his own. In a Michigan case a rescue operation charged people an exorbitant amount of money for a couple of futile phone calls to their mortgage company and/or referral to a bankruptcy attorney. Once those tasks were performed, the rescuer refused to have any more contact with the client.

This type of rescue leaves the homeowner in worse shape than before and often with little time left for alternative strategies.

The second form of foreclosure help is what the report calls the "bailout" that never quite works. This includes various schemes where the homeowner is convinced to give up title to the house under the promise that he or she can remain as a renter or eventually regain ownership of the home. The rationale here is that an intermediary with a better credit rating will be able to secure new financing and avoid the foreclosure altogether. The terms of the buy-back, however, are almost always so onerous that the rescuer walks off with the house and its equity.

The third scam is one in which the homeowner does not even realize that he is giving up ownership of his home, only signing the necessary papers to qualify for a new loan to pay off the delinquent mortgage.

For example, a 33 page complaint in Boston against a firm operating in at least three states on both coasts, alleges that it charged over $64,000 for an advance of $14,400 to bring the plaintiffs mortgage current and that the plaintiff was never informed that the home was to be transferred to a trustee who was instructed to immediately evict the homeowner from her home.

Even worse the report claims, in many cases the homeowner unwittingly gives up ownership of his home but is still responsible for the mortgage debt and thus liable for the deficiency once the foreclosure is complete. This can result in a summary judgment that can attach to other assets such as automobiles, business equipment or even the tools the homeowner needs to earn a living.

In cases where the homeowner may lack cash but have substantial equity in the home, the rescuer may also manage to grab the surplus amount that results from the sale at foreclosure that should be paid back to the homeowner once all of the debt is satisfied.

There are thousands of potential rescuers out there. The National Consumer Law Center displays a full page of ads that it says are "some of the many signs currently lining the streets of Richmond, Virginia." No doubt you have seen these small signs stuck in the ground or hung on telephone poles your own area: "We Buy Houses; "We Buy Houses FAST;" "Cash for Houses, Any Condition, Any Situation."

A lot of the above is not necessarily fraud in the technical and legal sense; but it is never a nice way to behave; as if that counts in this day and age. There are real estate investment gurus everywhere advocating these methods as a route to riches and these are, in fact, among the secrets that many of those 3 a.m. telemarketing shows (buy real estate for no money down) are touting.

It cannot be said often enough. If you have a problem with your mortgage or are looking for help preventing foreclosure, call your lender immediately. The person on the end of the line might not be polite - might even be mean, but nothing could be worse than falling into the hands of these "rescuers."


Comments

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Victim
on Fri, Aug 19 2005 7:00 AM
Actually, your lender isnt your friend. False foreclosures by lenders is escalating rapidly. See MSFraud.org and read the horror stories about lenders and servicers forcing people out of their homes so they can soak up the equity in fees and flip the property for a profit. They even fabricate negative credit and report it to the credit agencies, so you cant refi through someone else. Im a victim.
True Story
on Sat, Aug 20 2005 7:00 AM
There are several good companies that offer assistance (yes, for a small profit) who have actually saved many peoples homes from foreclosure (including mine). you cannot trust your lender and the research for this article should know that by now. Perhaps it was written by the MBA?
try to help
on Mon, Aug 22 2005 7:00 AM
Yes there are many lenders out there only trying to make a buck but if you happen to be with a Credit Union or even a bank, whether its local or nationwide, you are more likely to get help than someone who is just a mortgage lender like Ameriquest or ditech, who charge high fees, prepayment penalties, foreclose at a moments notice and are not regulated like banks are.
Whats Your Beef?
on Tue, Aug 23 2005 7:00 AM
I found the article above unrealistically one-sided. What if a family is in a house they can't afford? The lender is not going to "work it out" the lender will foreclose, the family will lose the house, and the homeowner will be unable to buy another house, even a house she really can afford.

In that case, an honest real estate investor can purchase quickly and save the family the foreclosure.

(By the way, I am NOT a real estate investor.)
Elbows
on Sat, Aug 27 2005 7:00 AM
The article does not disclose the fact that lenders sell the loans to mortgage servicers, who then become the homeowner's nightmare. Mortgage servicers do not work with the borrower. They foreclose.
KC Homebuyers
on Mon, Aug 29 2005 7:00 AM
Can we get away from demonizing all investors? Yes, there are some out there that do take advantage of homeowners, but there are bad people in every industry.

The lenders are NOT easy to work with and don't care much about the homeowner. Their workout plans are near impossible at best, so it takes an experienced mitigator to get a workable plan in place for a homeowner.

Do some research before launching the "all investors are crooks" campaign next time. You do a disservice to all of us.
James
on Sat, Mar 18 2006 7:00 AM
Indeed one sided it is. Like mentioned earlier there are crooks in every industry. Those of us that do provide a service to disstressed homeowners by saving there credit score, and possibly being able to keep them in their home. If not some investors will help with relocation. Because of this article I met a couple who'd rather go to court and risk losing their home then try to find a solution.
Butchwax
on Tue, Apr 11 2006 7:00 AM
I am now in the loss mitigation business. Why? Because I was 3 days away from losing my home. I submited a workout package to my lender and their solution was to have me pay more than double my monthly payment. I failed after 2 months. I then negotiated a short sale, knocking $40,000 of the orginal payoff. My point is this. Through the entire process I was contacted by several crooks, it is my duty as a loss mitigation counselor to protect my clients and their homes from these preditors.
Guillermo Martinez
on Wed, Jul 5 2006 7:00 AM
Is there any help for the homeowner after the property has gone through foreclosure? My home was sold on the 4th of july. I checked and I am told that the Loan Servicing company that I am trying to deal with bought the property. Now I must move when told to.
Abby
on Mon, Apr 9 2007 7:00 AM
I am in pre-foreclosure, but have not had any official notification from the lender yet. What do I do to prevent losing my house? I'm about $19,000 in arrears on mortgage payments.
Marcos
on Sat, May 5 2007 7:00 AM
I too am in the Loss Mitigation Business, because I was a Loan Officer and I saw so many people who purchased homes or refinanced, lose their homes within a year or two. Not because of irresponsibility, but because of ARMs, because of Jobs leaving this country and because of predatory lending of other companies. Investors are not the bad guys, they are the ones actually SAVING the market by keeping properties in play.
Victim too
on Thu, Jan 31 2008 8:00 AM
I totally agree with "Victim". My mortgage was sold twice inside of 3 months, and ended up with Countrywide. I was told that my payments with Countrywide would start in September when actually they started in August. September 4th I received a Notice of Default from Counrtywide, which was my first contact from them. I didnt even get any payment book from them. I have tried to get this worked out and have sent in my financial info as requested 3 times now, to no avail. So you tell me, what's a person supposed to do in this situation? My credit is 200 points lower because of this, and now I'm in foreclosure. Lawyers have told me that Countryside is in shutdown mode basically, and are not working with anyone since they are being bought out by Bank of America. When is this going to stop? It is beyond crisis stage when you see whole communities being foreclosed on. They should work things out....even reduce the interest rate .....something! go to www.msfraud.org I have been to that site many times and it's apparent that I'm not the only one going through this crisis.