|
It's no accident that the spike in foreclosures has been accompanied by a spike in mortgage scams. Mortgage fraud is at an all-time high -- up 26 percent in 2008, according to a recent report by the Mortgage Asset Research Institute. Unsurprisingly, the report cites a rise in foreclosure-prevention schemes as a contributing factor.
Solutions that sound too simple or too good to be true usually are. If you're selling your home without professional guidance, beware of buyers who try to rush you through the process. Unfortunately, there are people who may try to take advantage of your financial difficulty. The problem has become so prevalent that a special consumer advisory was issued recently by the Office of the Comptroller of the Currency (OCC), US Treasury Dept. with additional information about what consumers can do to protect themselves and avoid mortgage modification scams and foreclosure rescue scams.
Foreclosure rescue scams typically fall into three main categories.
- 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 homeowners a false sense of hope and prevents them from seeking qualified help.
- The Bailout: In this scam, the homeowner is deceived into signing over the 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.
- The Bait-and-Switch: In this scam, the homeowners think they are signing documents to bring the mortgage current, but instead actually surrender their ownership. They usually don't even know they've been scammed until they're evicted.
"Rescuers" often place ownership of the property into a trust in the owner's name in order to avoid the "due-on-sale" clause 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 she no longer owns.
Are There Any Precautions I Can Take?
Here are several precautions that should help you avoid being "taken" by scam artist:
- Don't sign any papers you don't fully understand.
- Make sure you get all "promises" in writing.
- Beware of any loan assumption where you are not formally released from liability for your mortgage debt and contracts of sale.
- Check with a lawyer or your mortgage company before entering into any deal involving your home.
- If you're selling the house yourself to avoid foreclosure, check to see if there are any complaints against the prospective buyer. You can contact your state's Attorney General, the State Real Estate Commission, or the local District Attorney's Consumer Fraud Unit for this type of information.
How to Recognize a Mortgage Scam
You might be a victim of a scam if:
- You are told you will get a federal incentive to walk away from your mortgage
- You are asked to pay upfront for counseling
- You are pressured to sign papers immediately
- You are asked to sign your house over to a company or person who is not working with your mortgage company
- You are asked to make a mortgage payment to someone other than your mortgage company without their approval
- You are guaranteed a successful short sale or mortgage modification
- They claim to be a representative of the federal government
If you believe that you are a victim of a scam, you should contact the Federal Trade Commission (FTC) at 1-877-FTC-HELP (1-877-382-4357) or visit their Complaint Assistant.
What is an SFR?
The complex details involved with short sales and foreclosures are unique calls for specialized expertise. Contact an agent such as myself that has earned the Short Sale and Foreclosure Resource (SFR) Certification through the National Association of Realtors and who is committed to guiding you through the process, setting realistic expectations, and helping you make the right decision to avoid foreclosure.
If you are in a situation where your home is “underwater” due to falling home prices, you are unable to make your current mortgage payments and you are considering pursuing options such as a short sale, deed in lieu of foreclosure, strategic default or even foreclosure, there could be drawbacks that I, as a real estate agent, cannot advise you on. For your protection, I suggest that all homeowners:
- Obtain legal advice from a competent real estate lawyer regarding deficiency judgments
- Call an accountant or CPA to discuss short sale and foreclosure tax ramifications
Except for certain conditions pursuant to the Mortgage Forgiveness Debt Relief Act of 2007, be aware the I.R.S. could consider debt forgiveness as income, and there is no guarantee that a lender who accepts a short sale or foreclosure will not legally pursue a borrower for the difference between the amount owed and the amount paid. In some states, this amount is known as a deficiency. A lawyer can determine whether your loan qualifies for a deficiency judgment or claim.
|
