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"How to Avoid Foreclosure Scams"

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Article: "How to Avoid Foreclosure Scams"
By Andre Plessis

Whatever you do, don't fall for a "foreclosure rescue" scam. Scam artists promise to protect your home from foreclosure but end up ripping you off and leaving you in even worse financial shape.

Anybody who picks you  when they come at you and you haven't called them, that's because they have a deal you really don't want to get involved in.

Here are several precautions that should help you avoid being "taken" by scam artists:

  1. Don't sign any papers you don't fully understand. Take your time, and consult a lawyer if possible.
  2. Never sign away ownership via a quitclaim deed or other means without consulting a lawyer. Be especially suspicious of offers to lease back your home, in order to buy it back over time.
  3. Make sure you get all "promises" in writing.
  4. Never make your mortgage payments to anyone other than your current lender. If you can't pay, do not ignore warning letters from your lender; contact them instead and they will find payment arrangements and solutions. Remember: THERE ARE NEVER ANY PROBLEM, THERE ARE ONLY SOLUTIONS.
  5. Beware of any contract of sale of loan assumption where you are not formally released from liability for your mortgage debt.
  6. Check with a lawyer or your mortgage company before entering into any deal involving your home.
  7. If you're selling the house yourself to avoid foreclosure, check to see if there are any complaints against the prospective buyer. You can contact your state's Attorney General, the State Real Estate Commission, or the local District Attorney's Consumer Fraud Unit for this type of information.

Equity skimming. In this type of scam, a "buyer" approaches you, offering to get you out of financial trouble by promising to pay off your mortgage or give you a sum of money when the property is sold. The "buyer" may suggest that you move out quickly and deed the property to him or her. The "buyer" then collects rent for a time, does not make any mortgage payments, and allows the lender to foreclose. Remember, signing over your deed to someone else does not necessarily relieve you of your obligation on your loan.

Phony counseling agencies. Some groups calling themselves "counseling agencies" may approach you and offer to perform certain services for a fee. These could well be services you could do for yourself for free, such as negotiating a new payment plan with your lender, or pursuing a pre-foreclosure sale.

What Are the Main Points I Should Remember?

  1. Don't lose your home and damage your credit history.
  2. Call or write your mortgage lender immediately and be honest about your financial situation.
  3. Stay in your home to make sure you qualify for assistance.
  4. Cooperate with the counselor or lender trying to help you.
  5. Explore every alternative to keep your home.
  6. Beware of scams.
  7. Do not sign anything you don't understand. And remember that signing over the deed to someone else does not necessarily relieve you of your loan obligation.

Remember that scam artists always try to take advantage of people that are in the most vulnerable situations. Like sharks and blood, scam artists always smell money.

bulletSam #1: The scam artist charges outrageous fees for simple phone calls or paperwork that the homeowner could easily do himself. None of these procedures will result in saving the home. This predatory scam gives homeowners a false sense of hope and prevents them from seeking qualified help.
bulletScam #2: In this scam, the homeowner is deceived into signing over title with the belief that he will be able to remain in the house as a renter and eventually buy it back over time. The terms of these scams are so onerous that the buy-back becomes impossible, the homeowner loses possession, and the scam artist walks off with most or all of the equity in the home.
bulletScam #3: In this case, the homeowners think they are signing documents to bring the mortgage current, but instead they surrender their ownership. They usually don't even know they have been scammed until they are evicted.
bullet

Scam #4: The scam artist often places ownership of the property into a trust in the owner's name in order to avoid the "due-on-sale" clause in most mortgage contracts. He then transfers ownership through the trust to himself or to a front operation. In these instances, the mortgage company is unaware that anything is amiss; the homeowner, however, is frequently left on the hook to pay the mortgage on a house he no longer owns.

If you have received a foreclosure notice, contact your lender first. There are many remedies available, including renegotiating the terms of your mortgage, that can save your home or failing that, allow you to walk away with most of your equity. It is best you sell your home, walk away with your equity and your credit still in good standing. The worse you can do is wait, don't act, lose your home equity, ruin your credit, and your home. So seek guidance, act intelligently and quickly.

 

Andre Plessis

Andre Plessis
"The Mortgage Guru"
"A Mortgage Professional whose primary goal is to provide the expertise, guidance and skills necessary to obtain the best mortgage to meet your personal needs".

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P.S. If you are at all intimidated or unsure about the mortgage process if you don’t understand how to evaluate your options in getting a mortgage loan our 15 key questions will help you feel comfortable that you are making the best decisions. Also if you are in the process of refinancing your home with anyone, CALL ME and I will let you know if you are being offered the best loan option based on market conditions and your financial situation.

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