Foreclosure Prevention Scams On the Rise
It works like this. John and Jane Smith can't make their mortgage payments anymore, for any number of reasons. So their lender eventually starts the foreclosure process. When the bank files the initial paperwork to foreclose on the property, it becomes a matter of public record. And anyone with access to a website like RealtyTrac or Foreclosure.com will know about it the pending foreclosure, within a couple days of the filing.
Then the phone starts to ring, and the letters start to arrive in the mail. They all promise the same thing:
Dear Homeowner. Are you about to be foreclosed on by the bank? If so, we can help! We offer foreclosure prevention services to help you avoid the process altogether, by communicating directly with your mortgage lender. Our foreclosure prevention solutions have a success rate of over 93% -- one of the highest in our industry. Best of all, you can get started with a single up-front payment of $1,500...
Now we are getting to the heart of the matter. These so-called foreclosure prevention companies will virtually guarantee success, and then they'll require you to pay some kind of fee in advance. In most cases, they will also tell you to cut off all communication with your lender, so they can "advocate" on your behalf.
Here's what usually happens. The desperate homeowner will sign up for the foreclosure prevention services and pay the fee in advance. As instructed, they will cease all communications with their lender, leaving it to the foreclosure avoidance company. Some time later, they will receive another notice from the lender, this time saying that the home will be foreclosed upon by a certain date.
The homeowner is baffled! In a full panic now, they contact the lender directly and ask what the problem is. "I've been working with a foreclosure prevention company. They were supposed to contact you about some kind of payment plan or something."
To which the lender usually replies: "We have never been contacted by any such company on your behalf."
Do you think I'm exaggerating? I wish I were. In truth, this kind of scam is happening with disturbing frequency right now, fueled by the record-breaking number of home foreclosures in the United States. Pick up the latest issue of Consumer Reports magazine, and you'll see what I mean. They put these foreclosure prevention scams at the top of their list of "financial traps" that are flourishing right now. And in that article, they tell real-life stories just like the hypothetical one I presented above.
How to Avoid Foreclosure Prevention Scams
So how can a homeowner find legitimate help, with so many sharks swimming around? If you are behind on your mortgage payments and looking for help, there are things you can do. Here's how to get legitimate help to avoid foreclosure, while avoiding scams at the same time.
- Be wary of anyone who contacts you directly. If your pre-foreclosure situation becomes public knowledge (which it will), you can expect the letters and phone calls to start rolling in. About 99% of the time, these are the companies you should avoid. Legitimate foreclosure prevention services typically do not hunt you down -- you have to approach them.
- Stay away from any company that requires some kind of up-front fee. While it's true that some of the reputable organizations charge a small fee for their counseling services, they typically do it after they have helped you -- not before. Up-front fee are a classic red flag of a foreclosure prevention scam. They charge in advance because they know they're not going to do anything.
- Do a Google search for a company's name to learn more about them. If they fall into the "shark" category, you'll probably find a lot of complaints about them online.
- Try to find a local housing counselor who is certified by the Department of Housing and Urban Development (HUD). You can look them online at www.hud.gov/foreclosure.
Yes, there truly are legitimate ways to avoid foreclosure. Most lenders want to avoid the process as much as you do. They would much rather find a common solution that keeps you in the home, even if it means some type of loan modification to make your payments more affordable.
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Labels: Home Foreclosure
