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In Trouble
With Your Mortgage? Call Your Lender - Now!
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Fri,
19 Aug 2005 17:26:59 EST
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."
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