| August 17, 2004 |
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A state attorney general is warning consumers to be wary of companies that offer to help save their home from foreclosure. He says some companies often charge high fees and take the money and run, leaving homeowners twisting in the wind of a worsened financial predicament. "They prey on highly vulnerable people, people who need to save every penny, and who can least afford to throw their money away on false promises," said California Attorney General Bill Lockyer who recently filed a lawsuit against a southern California company that offers to help homeowners in foreclosure negotiate with mortgage lenders for loan modification or loan forbearance. Lockyer's suit says the company collected fees of $750 to $1,250 for services, but consumers complained they never received the services or refunds. The suit also charges the company with false and deceptive advertising because ads promised to save homes from foreclosure. The suit, seeking civil penalties of at least $2 million, full restitution for victims and an injunction that permanently bans the company from operating in California as foreclosure consultants, also says the company misled consumers by claiming to provide free services, and by boasting 25 years combined experience in helping homeowners avoid foreclosure. "Consumers facing foreclosure should be wary of companies that solicit them with offers to help them avoid the loss of their home," said Lockyer. Soft economic times and increased interest rates -- especially for those who hold adjustable-rate mortgages -- could push more and more consumers into foreclosure. While the Mortgage Bankers Association reported the first quarter 2004 inventory of existing foreclosures was 1.27 percent, down from 1.29 percent in the fourth-quarter of 2003, the percentage of new foreclosures increased slightly from 0.45 percent to 0.46 percent during the same period. Lockyer and a U.S. Justice Department, which identified five common foreclosure scams, say there's a better approach to dealing with foreclosing than paying foreclosure assistance companies. First, if you face foreclosure, heed as red flags an individual or company that
Financial experts also say there are numerous steps you can take to avoid reaching the point of foreclosure. Lenders can begin foreclosure when you miss your first payment, but most don't begin actual proceedings until after several months of consecutively missed payments.
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