Foreclosure crisis profiteers (Part 2): Seeing through the camouflagePosted: March 9, 2016
In our previous post, we discussed the rise of the “Foreclosure Rescue Scam” in California. We fittingly described the scammers as predators and, like most predators, the scammer looks for the most vulnerable and helpless of prey.
In this case, they are seeking homeowners who, facing the frightening possibility of foreclosure, are desperately grasping for any possibility of regaining their financial footing and saving their home. The scammer hopes that fatigue and fear will cause the homeowner to drop their guard, to cling to false promises, and to surrender both their hope and what little money they may be able to scrape together.
The challenge is that the scammer is camouflaged and really hard to spot. He looks legitimate, sounds confident and says all of the right things. But, upon closer examination, the scammer can be identified for what he really is — a fraud.
Look for these warning signs of a scam:
- Promises of guaranteed results. The scammer will say that he has done this hundreds of times, that he has relationships with loan servicers and that he knows exactly how to work the system in order to stop every foreclosure and save every home. No legitimate foreclosure prevention program will make these types of unconditional claims.
- Instructions that isolate the homeowner. The scammer doesn’t want a homeowner talking to their loan servicer, to a certified housing counselor, to an attorney or to a real program such as Keep Your Home California. Their scam depends upon their ability to make a homeowner believe that their only hope begins and ends with the Scammer.
- Advice that includes not making, or diverting, mortgage payments. The scammer wants money. It is to his advantage to convince a homeowner that they should not send money to their loan servicer. While not a common practice, the scammer will sometimes convince a homeowner that, in addition to fees, they should also send their mortgage payments to the scammer to be held in trust until their modification is complete.
- Asking for upfront fees or a payment plan. The scammer will insist that the homeowner immediately begin paying his fees and he will try to get as much as possible in the first payment. Fees can range from several hundred to, more often, several thousands of dollars. The “sweet spot” in California seems to be fees of about $3,000, but we’ve seen people taken for well over $10,000. The scammer is an opportunist and he will take as much as he can get and he is willing to set-up a payment plan if that means draining even more of the homeowner’s scarce resources.
- Any scheme that involves transferring title to a home. Some of the more elaborate scams involve transferring all, or part, of a homeowner’s interest in their property. It seems illogical to think that someone would transfer title to their home in order to save it, but it happens often. The scammer will describe a complicated scheme that may involve the homeowner leasing their own home and earning their title back over time. Once title has transferred, these scams are very difficult, and expensive, to undo and likely will require the help of an attorney.
If you believe that you have been the victim of a foreclosure rescue scam, the following Government agencies offer the opportunity to file a complaint:
- Office of the Attorney General at oag.ca.gov/contact/consumer-complaint-against-business-or-company;
- California Bureau of Real Estate at dre.ca.gov/Consumers/FileComplaint.html;
- HUD Office of Inspector General at hud.gov/offices/oig/hotline/;
- Federal Trade Commission at ftc.gov/ftc/contact.shtm.
In our next installment, we will discuss some simple steps you can take to verify the legitimacy of anyone who approaches you offering help with foreclosure prevention.