Phony Foreclosure “Audit” Scheme Unmasked
HOME LOANS, INDUSTRY NEWS, TIPS FOR SELLERS, TIPS FOR SENIORS
February 26th, 2010
State Attorney General Jerry Brown is warning California homeowners in mortgage distress about a new scam designed to skirt recently implemented loan modification regulations. If you haven’t heard, it is now illegal for real estate agents, attorneys or anyone else to charge upfront fees for loan modification services. This latest scheme gets around this law by offering owners wishing to stave off foreclosure an expensive audit to determine if any fraud took place with regard to state and federal laws during the loan origination process.
Several months back, a client of mine received a solicitation from one such firm. They wanted $3,500 to do a “forensic audit” of my clients loan in an effort to uncover evidence of fraud which could then be used to negotiate a loan modification. I called the number on the letter on behalf of my client. The man I spoke with indicated he was located in San Juan Capistrano and formerly worked as a loan officer. I asked if there was any guarantee my client would be granted a loan modification and he said there was not. In fact, if fraud was discovered, my client would have to cough up thousands more to begin the process of taking the lender to task on the alledged fraud.
I referred my client to a non-profit credit counseling agency and he just informed me he has been granted a trial loan modification on his loan. This is not the first time I have helped a client avoid getting scammed by dubious loan modification service providers. To prevent being a victim of one of these schemes, the attorney general and Department of Real Estate make the following recommendations:
- Don’t pay upfront fees. Foreclosure consultants are prohibited from collecting advance fees
- Don’t ignore letters from your lender or loan servicer
- Don’t transfer title or sell your house to a” foreclosure rescuer”. This scam convinces homeowners they can stay in their home as renters and repurchase the home later (at a lower price). It could also be part of a fraudulent bankruptcy filing. The scammer can evict you and keep your home.
- Don’t make mortgage payments to anyone except your lender or loan servicer. Fraudulent consultants keep the money and you lose your home.
- Never sign a document without reading it. Many homeowners have unknowingly transferred title to someone intent on evicting them.
I would add to this list another caution-talk to your lender first before signing anything regarding any service that you believe will help you save your home from foreclosure. Deal directly with your lender’s loss mitigation department and employ one of the many non-profit credit counseling agencies if you need additional assistance.
These scam artists think nothing of taking advantage of those facing foreclosure. Contact me if I can be of any help.
530-224-6767 or 530-941-7492
BRAD GARBUTT
REALTOR/BROKER ASSOCIATE
REAL LIVING REAL ESTATE PROFESSIONALS
CORNER OF COURT AND PLACER IN REDDING
MORE THAN A QUARTER CENTURY LOCAL SALES EXPERIENCE
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