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Now you can finally put faces behind the scammers who are taking advantage of people who are in dire straits.  Unfortunately, we will probably see more of these types of arrests as law enforcement agencies are just scratching at the surface of these scams.  As a short sale agent in san jose, I get to hear a lot of these horror stories. 

Just as these two criminals had relocated to Canada to set up shop to run the same scams under false identities, others who are on the list of entities published by the California Department of Real Estate (DRE) will probably do the same.   There are numerous scams out there targeting people who are behind in paying their mortgages. 

PLEASE, PLEASE, PLEASE, DO NOT PAY MONEY UP FRONT to "loan modification specialists,"  or "foreclosure prevention specialists," as they are now forbidden to take money until they have completed the services for which they had contracted.  After all, isn't that how you do business with other service providers?  Do you give your Realtor their commission up front before they close escrow on the property?  Do you give loan brokers their fees before you sign off your loan documents with the escrow officer?  It is no differnet with these "service providers" they must provide the service first, before they can demand compensation.

 

Steve Mun, Silicon Valley Realtor
www.stevemungroup.com

 

 

Steve Mun, e-PRO®, QSC®, CDPE®, CHS® 
www.stevemungroup.com

www.sanjoseshortsaleagent.com
650-605-3188

Cal Dre#: 01358433

 

Ask me about my Foreclosure Prevention Program

CDPE - Short Sale and Foreclosure Education

 

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This post has been included in California Real Estate News Santa Clara County, CA Real Estate News
Post is included in group: California Short Sales, REO's, and Foreclosures
Post is included in group: Foreclosures & Short Sales
Post is included in group: Short Sale REALTORS®
Post is included in group: Short Sales and Forclosures ONLY
Post is included in group: Short Sale Specialists & Pre-Foreclosure Education

6 Comments on Loan Modification Scammers arrested and brought back to San Jose.

JUL
24
2009

Arizona's Attorney General Terry Goddard just busted an Arizona loan modification scam from the company "Santoya Financial".  A homeowner looking to hire a loan modification company must check the validity of the statements / service guarantee's that the loan mod company represents it can do.  I always suggest the following:

  1. Make sure the company has a valid address and phone number.
  2. Meet the company / individual face to face.
  3. Get everything in writing.
  4. Ask to see completed loan modification files.
  5. Completely understand any guarantee's (money back or performance).
  6. Ask for referrals and testimonials.
  7. The loan modification company should never suggest / recommend for a homeowner to "stop" paying their mortgage payment in order to pay the loan mod company a fee.
  8. Make sure the company has an online tracking system so you can keep up-to-date on your loan modifications progress.
  9. A small up-front fee is okay as long as there are checks and balances to prove performance.

Remember, the loan modification company did not put the homeowner in this situation and there are reputable loan modification companies out there.  It is the responsibility of the consumer to research and choose the right company for help.  I know in Arizona they are making all loan modification companies get licensed and bonded by 2010 so this should help wipe out any loan modification scam artists that think they can make a quick buck by taking advantage of homeowners in foreclosure!

Hope this info helps,

Cody Sperber

9:05am • #1
108,428 Points 3 Featured Posts Attended Rain Camp

Good advice Corey.


A boiler room was just busted in Southern California as well. 

 

People simply should not pay any fees up front and should do their own due diligence.

1:22pm • #2
AUG
03
2009

I agree that the frauds need to be stopped.

However the answer is NOT to discredit every for-profit loan mod company. The answer is to regulate the industry. Create licensing and laws that these companies need to follow.

This is a legitimate service if done correctly and with a fair, reasonable fee structure.

Many people simply don't have the time or know how to do this on their own. It's a fact that non-profits are NOT getting the job done, and lenders have not made getting a mod any easier.

I for one paid 1400 to a reputable loan mod company after being denied by my lender then set up on a repayment plan by NACA. They got me submitted for the HAMP plan, my payments came down by 200/mo and my interest rate is now fixed for the life of the loan. If I listened to this advice I would be living in an apartment right now. As far as I'm concerned this is the best money I could have ever spent.

I have taken a great interest in this subject since I began researching my own loan mod. What I have found is that MOST of the criticism and most of the fraud stems from what seems for the most part to be Realtors and Mortgage Brokers.

It's no mystery that these two industries are some of the hardest hit by the downturning economy. Neither are making any money and probably won't be for quite some time. It seems that many of these fraudsters are Realtors or MB's trying desperetely to hold on to the dream they were living in 2005, turning to doing loan mods and eventually ripping people off. It also seems that the people most apt to be on a "crusade" to stop loan mod companies are also Realtors or MB's that are either bitter or jealous because they haven't closed anything all year and legitimate loan mod companies seem to be doing really well.

i agree that it is foolish to pay somebody up front when they have done nothing but go through an income expense report, they obviously have NO idea yet what options may exist, this I do believe is fraud. However, I also don't expect a legitimate business to call my lender once or twice a week for up to 3 months as well as prepare all my financial docs without getting ANY compensation. How do they pay the people fixing the loans? How do they keep their lights, phones, and heat on in the meantime?

In fact I think it's just as foolish for a company to take on a client that has not paid their mortgage in up to 6 months, without that client having any "skin in the game". What happens when the client receives their loan mod agreement in the mail from their lender and then refuses to pay the company that spent many hours and dollars modifying their loan?

The fact is a large number of people in this situation are not the most credit worthy people in the world. How can a legitimate company operate that relies solely on granting credit to these people with NO recourse if they choose not to pay them?

And to answer your questions directly...

"Do you give loan brokers their fees before you sign off your loan documents with the escrow officer?  It is no differnet with these "service providers" they must provide the service first, before they can demand compensation."

A loan mod is NOT a "loan product"....... it's a service. And there are countless legitimate services throughout this world that either charge upfront or charge an upfront retainer. It is supposed to keep everybody honest and also allow the service provider to cover overhead that providing any service always incurs.

Does a contractor agree to build you a new kitchen without first getting a deposit? Does an attorney defend you in court without first getting a retainer?

The answer is NO! And both of these examples compare to a loan mod company much better than a property or loan closing. Realtors and MB's work on COMMISION and that is always how commission is paid, when the deal is sealed, this is a service NOT a commission.

Sure, there are just as many rip offs out there as legitimate mod companies. But this is the lawmakers fault. This industry is not new and the countless hours wasted so far by AG's across the country would have been MUCH better spent in adopting regulation for this industry.

If they don't regulate, they will waste countless more hours bringing lawsuits against the fraud companies and blanket chastizing the entire industry.

 

andy
11:15pm • #3
SEP
20
2009

I agree, there are many scammers out there and I think they unfortunately have tarnished the industry for credible Loan Modification Companys.  I for work with a very credible Attorney Backed Loan Modification Company. 

I believe the homeowner is by far safer in hiring an Attorney Loan Modification Company because the Attorney has to have a Bar License and can't lose it and not practice business.  The chances of an Attorney Loan Modification Company going out of business overnight is not that high as the Attorney is easy to track down and go after if need be.

I have seen hundreds of loan mod companys that are NON-Attorney go out of business and take peoples money, which is aweful as we are really trying to help people keep their homes if they can afford the new payment.

I also tell homeowners to do their homework and educate themselves about Loan Modifications and use common sense.  I think most of the time you can tell if someone is scamming you over the phone by such things as them pressuring you or giving you answers that make you feel uncomfortable  Or maybe they are rushing you to send a check right now. 

We are extremely reputable and I know our website is an example of great information and responsible information that can help a consumer get started as far as an education process, go to www.CallALMS.com

Also, a reputable Attorney Modification Company will prequalify a homeowner for free, go over possible future payments to make sure they can afford them, offer 100% money back, and have excellent close ratio's.

3:59pm • #4
NOV
20
2009

Great article! My mom was turned down for a loan modification with her lender and was then scammed out of 4k by a company in Florida. She then hired an A rated company in Glendale, Arizona named Mortgage Assistance Group and finally got a real loan modiification. Their information is below. We as consumers should really start keeping track of the good guys in the industry.

Mortgage Assistance Group

www-mag-az.com

623-486-4505

Paul
11:42am • #5
AUG
14
2010
787,225 Points 20 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

The Short Sale Listing Agents list to close ratio is the most important metric when deciding who to retain to list a short sale for a consumer.  Which is better - a 4 out of 10 chance - or a 9 out of 10 chance?

8:36am • #8

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Steve Mun / San Jose Short Sale Agent

Campbell, CA

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