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Don't Lose Your Home to Foreclosure "Rescue" Scammers
Foreclosure "rescue" scammers steal your home, equity, and money. Here's how to protect yourself.
As record numbers of homeowners are defaulting on mortgages and are at risk of foreclosure, foreclosure "rescue" scammers are coming out of the woodwork in droves. These people and companies pretend to help homeowners facing foreclosure, but instead steal homes, equity, and money -- leaving the former homeowner in a more desperate financial state than before.
Don't become the latest victim of these scams. Learn how the scams work, what the scammers are like, and how to protect yourself.
More Foreclosures Bring More"Rescue" Scams
Due to the current credit crunch and less-than-careful lending practices by banks, more people are having trouble paying their mortgage. And because the housing market is in a slump, it's harder for homeowners in financial distress to sell their home (the sale price often doesn't cover the mortgage) or refinance on better terms. The result is a dramatic increase in the number of people facing foreclosure.
Enter the scammers. Foreclosure "rescue" is rampant for some very good reasons:
- There are lots of potential victims.
- It's easy to find victims because the notice of default is public record (the lender must record the notice of default with the county recorder), and nowadays this information is often computerized.
- People are desperate.
- Usually, a lot of money is at stake.
How Do the Scams Work?
The methods scammers use to rip off homeowners are extremely varied. But most of them fit into three broad categories.
1. Sale-Leaseback Scams
In these schemes, foreclosure scammers prey upon the overarching desire of many homeowners -- to stay in their home. The foreclosure scammer tells the victim that the scammer will buy the house so that the mortgage is up to date and the homeowner can rent the home indefinitely and then buy the home back from the scammer. Unfortunately, the rent payments and buyback provisions are usually so onerous that homeowners can never buy the home back.
2. Charging High Fees for Little or No Services
Some foreclosure scammers pretend they are legitimate foreclosure consultants (to learn more about legitimate consultants, see "Protect Yourself: How to Avoid Foreclosure Scams," below) and then exploit the homeowner's trust by:
- charging exorbitant fees for services the homeowner could easily have performed himself
- charging fees for services they never perform, or
- taking steps that hurt the homeowner.
These schemes cause the homeowner to lose much-needed money. Worse, because the homeowner believes the foreclosure "consultant" is handling the situation, the homeowner does nothing during the crucial time period when action must be taken. By the time the homeowner realizes he has been scammed, it is too late to get current on the loan, negotiate with the lender, sell the house, or find effective assistance.
3. Stealing the Home Without the Homeowner's Knowledge
In these schemes, the foreclosure scammer gets the homeowner to unwittingly surrender ownership of the home. Often, the foreclosure consultant promises that he will bring the mortgage up to date and allow the homeowner to stay in the home, setting up a payment plan for the homeowner to pay him back. The victim doesn't realize that the home has actually been sold to the scammer (usually at a ridiculously low price) and ends up paying extremely high rent to stay in the home.
Sometimes, the homeowner believes she is merely signing new loan documents to bring the mortgage current, but instead is signing title over to the scammer. Or the scammer may simply forge the homeowners' signature on documents.
Profile of a Scammer: What to Look For
The people and companies that prey upon homeowners in foreclosure use many tactics to gain the homeowner's trust. Here are some examples:
- The scammer contacts you by telephone, mail, or even knocks on your door (legitimate foreclosure consultants don't seek you out, you must go to them).
- The scammer is smooth-talking and preys upon your desperation.
- He provides little or no information about the foreclosure process.
- Many scammers claim government affiliation.
- They often use "affinity marketing" -- Spanish-speakers marketing to Spanish-speakers, Christians to Christians, senior citizens to senior citizens, and so on.
- Some offer "testimonials" from other customers.
- They claim the process will be quick and easy (dealing with foreclosure is never quick and easy) and use messages such as: "Stop foreclosure with just one phone call" or "I'd like to $ buy $ your house" or "Do you need instant debt relief and CASH?"
- They tell the homeowner to cease all contact with the mortgage lender.
Protect Yourself: How to Avoid Foreclosure Scams
If you are having financial troubles, believe you may lose your home, or are in foreclosure, here's how you can make sure that you do not become a victim of a foreclosure scam.
FAQs
- What about if I file under Chapter 13-how can I keep my home then?
- I am going to declare bankruptcy. What are the chances I can keep my home?
- Under what circumstances would the trustee take our home?
- I am going to proceed under Chapter 7-what will happen to my house?
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