Now there is nothing wrong with someone spending their money in exchange for a worthwhile service. There are many reputable and capable companies, institutions or individuals that offer a valuable and legitimate service. QuadReal Investment Group, Inc. has a proven track record based on integrity, professionalism and results. But in many cases, the services offered to people in foreclosure are nothing more than worthless scams looking to exploit the owner’s hardship. Many times, instead of helping, these scams only serve to make the homeowner’s problem worse.
Foreclosure scams target people whose mortgages are in trouble. Scam operators advertise over the internet and in local publications. They distribute flyers, send out mailings and in some cases even make phone contact with the homeowner. There are many different approaches to these scams.
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Some may offer to negotiate with the homeowner’s mortgage lender for a fee. |
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Some may offer to manage the homeowner’s foreclosure case and their mortgage by asking the homeowner to make their mortgage payments directly to the scam operator. |
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Some even ask the homeowner to deed the property to them and offer to lease it back so that the homeowner does not have to move out and can eventually buy the home back |
Before the homeowner is even aware of it, the scam artist has acquired the deed or title to their home. Or even worse, the scam artist has transferred the title of the property into a trust that then enables the scam artist to rent or “resell” the homeowner’s property while, to the homeowner’s surprise, they remain legally obligated to pay the mortgage!
Any of these pitches should send up big, bright red warning flags! Here’s why: Instead of contacting the lender or refinancing the homeowner’s loan, scam operators pocket the money that you pay to them.
Many companies and sometime even individuals, some reputable, most not, will offer to negotiate or consolidate the homeowner’s debt to help them out of their mortgage jam. The catch is, the homeowner will be asked to pre-pay for these services. The truth is that in many cases, the services do not offer anything that the homeowner could not do on their own. The homeowner should know that there are many non-profit debt counseling agencies that will provide the same services for free.
So who are these predators? You see the day-glo signs and billboards and classified ads everywhere these days. WE BUY HOUSES! WE BUY UGLY HOUSES! CASH FOR YOUR HOME!
For the most part, Americans have mentally filed these come-ons under good old-fashioned American entrepreneurship in action! But if you take a closer look at most foreclosure “rescuers” you will see those day-glo signs and large billboards for what they really are: Warning signs of the bubble burst to come.
Foreclosure “rescue” scams are nothing new. What is new however, is the historic convergence of economic and political forces that may soon bring about a home-equity version of the stock market crash of 1929. It can be blamed on loose credit, lending deregulation and a Fed-supported campaign encouraging Americans to tap into their home equity reserves.
Like sharks and blood, scam artists always smell the money. And in America, we have been pouring our money into our homes since the tech-stock collapse and the huge downturn in the market following 9-11. Those events gave us a renewed awareness of our risk tolerance. Homes (real estate) were safe and real. And, partly fueled by this renewed demand, real estate suddenly became the investment of choice for stock-weary working folks. Now that they may be facing foreclosure, this has made them vulnerable to scams and scam artists. These scam artists are the bottom-feeders. They are however, an unavoidable reality. They make it extremely difficult for reputable businesses, operating with integrity and true compassion, to distance themselves from these dregs.
On top of this, financial institutions capitalized on this sea of change by loosening credit. You can buy a home…maybe two. Can you really afford not to? And, just so you an continue living the lifestyle you’ve become accustomed to, they have offered an unprecedented number of ways to strip your equity through lines of credit, home equity loans and cash-out refinancing. The Feds cooperated by keeping interest rates at historic lows.
Real estate, our homes, suddenly started to look like, well…stocks – with one BIG catch. All you are doing when you take out a second mortgage on your home is borrowing more money.
Welcome to the “MIDDLE CLASS SQUEEZE”. Rising costs of health care, housing and education, property taxes and insurance, and gasoline, combined with increased job uncertainty, income volatility and eroding salary levels, have placed our piggy banks – our homes – at a financial risk like never before.
The over-inflated real estate bubble is not only unmistakable, but when it bursts, its effects are going to be widespread. One only needs to revisit Economics 101: When supply exceeds demand – prices plummet to see clearly what is on the very near horizon.
The facts are, a quarter of all American homes are owned by investors. We are now seeing those investors fail or pull out of the market in a mass exodus. No market can sustain losing 25% of its participants. Listen for the thunder of the not-so-distant storm.
In a 2005 National Consumer Law Center Report, the NCLC interviewed numerous state attorney generals and legal aid staffers. The report, entitled ‘Dreams Foreclosed: The Rampant Theft of Americans’ Homes through Equity-Stripping Foreclosure ‘Rescue’ Scams.” found that foreclosure “rescue” scams fall into three main categories:
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PHANTOM HELP. The “rescuer” charges outrageous fees for light duty phone calls or paperwork that the homeowner could easily do, none of which results in saving the home. This predatory scam gives the homeowner a false sense of hope and prevents them from seeking qualified help. |
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THE BAILOUT. In this scam, the homeowner is deceived into signing over title with the belief that he will be able to remain in the house as a renter and eventually buy it back over time. The terms of these scams are so onerous that the buy-back becomes impossible, the homeowner loses possession, and the “rescuer” walks off with most or all of the equity. |
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THE BAIT AND SWITCH. In this scam, the homeowner thinks they are signing documents to bring the mortgage current, but instead are actually surrendering ownership. They usually don’t even know they’ve been scammed until they are evicted. |
“Rescuers” often place ownership into a Trust in the owner’s name in order to avoid the due on sale clause found in most mortgage contracts. They then transfer ownership through the trust to themselves or to a front operation. In these instances, the mortgage company is unaware that anything is amiss; the homeowner, however, is frequently left on the hook to pay the mortgage on a house he or she no longer owns.
Why do homeowners fall for these scams? Lenders rarely or inadequately spell out the foreclosure terms, time frames and owners’ rights. Also, homeowners facing foreclosure are hesitant to talk about it. They often feel rushed, and so, they make poor decisions… decisions that they would avoid making if they were better informed on the process of foreclosure and the epidemic of scam operators preying on their misfortune. With few places to turn, more homeowners are falling prey to thee wolves that are literally at their door. Foreclosure scams are actually being taught in get-rich quick seminars from coast to coast. The thieves are actually coming out of the woodwork.
What is a homeowner to do?
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If there is time, by all means refinance out of your zero-interest or adjustable rate mortgage into a fixed rate mortgage. Even if it costs a little more, there will be a point in the near future when you will be happy you did. |
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If you have received a foreclosure notice, contrary to what the scammers would have you believe, contact your mortgage company first. There are many remedies available, including renegotiating or modifying the terms of your mortgage that can save your home, or failing that, allow you to walk away with most of your equity. |
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Get your home on the market with a reputable and qualified real estate agent. Remember you are under the foreclosure clock, so price the home for a quick sale, cut your losses and get on with your life. |
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Look for a reputable foreclosure counselor that will provide you with references. Any work you do with them should be contractually undertaken and utilizing professional and licensed institutions such as closing agents, real estate agents and real estate attorneys. |
Whatever you do, do something pro-active. Make decisions based in fact and good judgment, devoid of the emotions you are dealing with. Foreclosure is serious matter and once the home is gone…it’s gone. |