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December 5, 2008


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Avoiding Foreclosure Fraud

In Denver, a faith-based Clergy Against Senior Exploitation (CASE) Partnership of 400 churches and the district attorney's office includes monthly "fraud alert" announcements during religious services.

The district attorney's office also sponsors training seminars for 300 clergy and congregation members who get schooled in the prevalent methods of financial exploitation of older adults.

Fraud prevention seminars for older adults, also cosponsored by the district attorney's office and church communities, encourage early detection and reporting of financial crimes against seniors to the city's economic crimes unit.

The unconventional use of religious fervor, combined with more conventional law enforcement techniques is a unique way to combat the growing scourge of foreclosure fraud.

Whatever it takes.

It's often up to the individuals most likely to be targeted to take action.

Along with the growth in mortgage fraud, title insurance kickbacks, over-inflated appraisals, fraudulent flipping and other forms of real estate fraud, there's another growing underworld of organized criminals who watch the foreclosure listings like a hawk, hoping to snare your money or your home when you can least afford to lose it.

"Dreams Foreclosed: The Rampant Theft of Americans’ Homes Through Equity-Stripping Foreclosure 'Rescue' Scams', a National Consumer Law Center report that doesn't mince words, says much as is the case with other real estate related fraud, the growth in the cottage industry of "foreclosure rescuers" has been triggered by a booming real estate market of fast appreciation homes prices.

Higher home prices lead some home owners to creative financing deals, but later, as interest rates rise, in the case of adjustable rate mortgages (ARMS) the loans become too expensive.

Likewise, appreciating home values give more and more owners equity to tap as cash for expenditures they may not have otherwise considered only to find later they can't afford the payments.

When a home owner doesn't take the recommended steps to avoid foreclosure he or she could be targeted by unscrupulous "rescuers" making promises they have no plans to keep.

The National Law Center's report comes with a host of advice for consumers facing mortgage payment problems who are approached by strangers sounding convincingly like they can help.

  • Avoid doing business with individuals or companies that call themselves a "mortgage consultant," "foreclosure service," or something similar. There are legitimate mortgage consultants to help you find the best loans and that fight for you if you've been saddled with a predatory loan, but be sure to check out their background and references with licensing agencies, trade groups and family, friends, coworkers and others you trust.

  • Don't fall for promises like "We'll save your credit," "We'll pay the closing costs," "We'll buy your house 'as-is'," and "If you sign the house over to us the foreclosure will be recorded against us," among a host of other come-ons.

  • Stay away from those who contact or advertise to people whose homes are listed for foreclosure, including anyone who sends flyers or solicits door-to-door.

  • Steer clear of people who say they need to collect a fee before providing services to you. Never make your mortgage payment to any one but your lender or mortgage servicer.

  • Ignore anyone who tells you to transfer your property deed or title to them or their company, no matter how compelling their offer.
The consumer law center says, contrary to scammers' misguided advice, if you see trouble ahead with your mortgage you should immediately contact and stay in touch with your lender, who likely will have some bona fide work-out strategies.

"People in distress either don't exercise their rights or think that what's happening to them is just a price they have to pay for financial trouble. In most cases you don't have to lose your home or a big slice of its equity to get out of a debt jam," the center says.

The center also advises:

  • Don't panic. Get full information on the foreclosure process in your state and especially how much time you have to resolve your problems short of losing your home. Make sure you understand all deadlines for responding to court documents, documents from lenders and other important papers. Be especially sure that you know the point at which you can lose the legal right to own your home.

  • Never sign a contract or other documents under pressure. Seek help, from an attorney, social services agency, legal aid or someone you trust to review any foreclosure-related paper work. Be especially wary of offers to take over ownership of your home as part of a deal that allows you to rent your home and then buy it back after a few years.

  • Never make verbal agreements. Never sign blank pages where information can be added later. Never sign anything you don't understand.

Published: July 28, 2005

Use of this article without permission is a violation of federal copyright laws.




Broderick Perkins parlayed a career in old-school journalism into a contemporary digital news service that really hits home.

The award-winning consumer journalist, originally from Wilmington, DE, is founder, publisher and executive editor of the bootstrap DeadlineNews Group, a Silicon Valley-based editorial content and consulting service specializing in residential real estate, consumer news and related editorial consulting services.

The DeadlineNews Group includes the website, DeadlineNews.com, offering real estate editorial content and consulting services, and its back shop, the Deadline Newsroom, an open house on news that really hits home.

Perkins obtained his formal journalism education from University of Delaware and a journalism boot camp, the Institute of Journalism Education at the University of California-Berkeley. He went on to 20 years of service as a daily newspaper journalist at the Wilmington, DE News Journal and San Jose, CA Mercury News.

Perkins covered housing on the San Jose Mercury News reporting team which earned a General News Reporting Pulitzer Prize in 1989 for coverage of the Loma Prieta earthquake.

He has also produced real estate, consumer and small business content for the Wall Street Journal, Los Angeles Times, RealtyTimes.com, Nolo.com, Better Homes and Gardens, the National Association of Realtors, Homestore/Move and Intuit/Quicken among more than three dozen publications.

In addition to managing the DeadlineNews Group, Perkins most recently served as chief editorial consultant for Nolo's Essential Guide To Buying Your First Home, Nolo, and writes real estate television scripts for RealtyTimes.com.







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