Beware Foreclosure Scams:
Scam Artists Preying On Homeowners
If there was ever an example of kicking a guy when he's down, preying upon a homeowner who fears foreclosure rises to the top of the list.
Rising foreclosure rates have led to a growing number of scam artists offering to "rescue" homeowners in financial distress. They use a wide variety of scams and target people of all ages in virtually every community across the country. Anyone can become a victim. GreenPath cautions consumers to be wary of any offers that seem too good to be true.
Foreclosure rescue scams usually revolve around heavily promoted deals supposedly designed to save the homes of people facing foreclosure - those who have fallen behind on their mortgage payments. They proclaim to "save your home" or "pay your mortgage," but in reality generate a quick profit for the scam artist or strip away the value of the home with no benefit to the owner.
"Some of these offers are simply scams and others might even be dangerous," said David Waxer, a financial counselor in GreenPath's Southfield, Mich., office. "In either case the homeowner has usually signed away their legal rights to the home without even knowing it and the scammer then has the freedom to sell the house right out from under them."
How does a foreclosure rescue scam work?
- The "rescuer" identifies distressed homeowners through public foreclosure notices in newspapers, via the Internet, or at government offices.
- The "rescuer" then contacts the homeowner by phone, personal visit, card or flyer left at the door, or advertising.
- The initial contact typically centers on a message that tells homeowners that they can stay in their house easily, get a "fresh start," keep their credit rating or receive instant cash.
During the first meeting, the unsuspecting homeowner is often told to stop all contact with lenders, credit counselors or lawyers and let the "rescuer" handle all the details. This cuts off the homeowner's access to legitimate financial solutions and digs a deeper financial hole.
The scam artist generally looks to make a quick profit through fees or direct mortgage payments that are never passed on to the lender. Sometimes the scammer assumes ownership of the property by deceiving the homeowner.
Once it is too late to save the home, the "rescuer" either takes the property or the owner loses the home to foreclosure after it has been drained of equity through fees and charges.
"People really need to be wary right now and know that early intervention by a trained counselor can mean the difference between foreclosure and remaining in the home," said Waxer.
Is it a Foreclosure Scam?
Proceed with extreme caution if an individual or company:
- Calls itself a "mortgage consultant" or "foreclosure service."
- Contacts people whose homes are listed for foreclosure, including anyone who uses flyers or solicits for business door-to-door, by phone or email.
- Encourages you to lease your home so you can buy it back over time.
- Collects a fee before providing any services to you.
- Instructs you to cease all contact with your lender, credit or housing counselors, lawyer or other legitimate experts.
- Tells you to make your mortgage payments directly to him or his company (not the lender).
- Requires that you transfer your property deed or title to him or his company.
- Makes a promise that seems too good to be true, for example, instant cash with "no strings attached."
- Tells you that as part of the deal you will need to move out of your house for some period of time for remodeling or other reasons.
- Offers to buy your house for cash at a fixed price that is not set by the housing market at the time of sale.
Protect Yourself!
- Don't be pressured to sign a contract. Take your time to review all documents thoroughly, preferably with a lawyer who is representing your interests only.
- Don't send or give your mortgage payments to someone other than your lender, even if he promises to make the payments for you.
- Don't sign away ownership of your house to anyone without advice from a credit or housing counselor or lawyer.
- Don't rely on verbal agreements – they mean nothing. Get all promises in writing and keep copies of all documents, especially those you sign.
- Don't sign anything containing blank lines or spaces. Scammers can add information later without your knowledge or approval.
- If you do not speak English, use your own translator. Don't depend on someone who is provided by the "rescuer."
- Don't fall for promises that are often used to lure homeowners into scams. For example:
- Claims to save your credit rating
- Promises of instant cash
- Guarantees that a buyer will be found within a certain number of days
- Help in filing for bankruptcy to "stop the foreclosure"
- Offers of free rent or gifts
The National Foundation for Credit Counseling (NFCC) Web site www.HousingHelpNow.org is a good resource of information that consumers can use to educated themselves about such scams and other housing related issues. Further, if you are concerned about foreclosure, you can contact GreenPath, a member of the Hope Now hotline and a provider of HUD-approved housing counseling that can really make a difference.