I received an interesting call today.

Caller: “We are a very small business helping people with loan modifications. Can we charge a fee?”

Me: While I do not remember the exact date, I know it was well over one year ago, Governor Schwarznegger signed Senate Bill 94, making it illegal in California for any licensed or unlicensed persons to charge any upfront fees for loan modification services or other form of mortgage loan forbearance. When the Governor signed Senate Bill 94 the legislation took effect immediately.

Caller: “Well, we are basically a credit repair company. Can we charge a fee?”

Me: The authority here is the law … not me or the brokerage. I suggest you go to the DRE website and search “loan modification” … it’s a pretty hot subject. I’m sure you will find the legislation and other helpful information. It is illegal in California to charge advance fees for loan modifications.

Caller: “What was the name of that site again?”

Me: California Department of Real Estate … www.dre.ca.gov. In the upper right hand corner search the site for loan modification. I am sure you will find all of the guidelines and disclosure requirements. Again, I am not the authority. I only know it is illegal to charge upfront fees.

Caller: Thank you. I appreciate your help.

I did a cross search on the phone number. The call came from a credit counseling and mortgage company in Benicia, CA. Like I said, I received an interesting call today.

The Great Pretenders! 

If anyone in the State of California offers you loan modification assistance and they ask to collect money or fees upfront, report the violation to the California Attorney General and to the California Department of Real Estate. It is illegal in California to charge up-front fees for loan modification services or other form of mortgage loan forbearance.

Kathleen Daniels, San Jose Homes for Sale | San Jose Short Sales

 

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Kathleen Daniels, Broker-Owner of KD Realty, San Jose Short Sale Agent, Certified HAFA Specialist (CHS), Certified Distressed Property Expert (CDPE), Certified Short Sale Negotiator (CSSN), and REO Default Certified Professional (RDCPro), serving San Jose and surrounding San Jose Communities in Santa Clara County - Silicon Valley.

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This post has been included in California Real Estate News
Post is included in group: Attorneys, Short Sales, Foreclosures, Loan Mods
Post is included in group: CALIFORNIA REAL ESTATE
Post is included in group: California Short Sales, REO's, and Foreclosures
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Post is included in group: "Whacked"!!!

8 Comments on Loan Modifications - Can we Charge a Fee?

JUN
14
2011
610,683 Points 40 Featured Posts Outside Blog Called Shot Master

Kathleen - excellent blog.  I thought I was illegal in the entire United States, but for sure it is here in Arizona, as well.  I've suggested this for a feature because the word needs to get out to more homeowners.  There are still unscrupulous companies out there calling it by "different" names, but still getting away with charging fees.  It's disgusting.  Great job for knowing where to refer them. 

8:40pm • #1
847,779 Points 71 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Juli, We never know who is on the other end of our phone. There was something so odd/strange about the call. She sounded like she was clueless about the California Deparment of Real Estate. I refrained from disclosing the company name and phone number ... just wanted to get the word out that upfront fees are illegal.  You may be right ... it may be nationwide.  Thanks for the Suggest - very nice of you.

8:56pm • #2
192,490 Points 1 Featured Post Outside Blog

Kathleen, what an amazing call. We used to have an 800 number and got all sorts of crazy calls. Ready weird stuff, and not worth the 800 cost. Most people use cell phones these days anyway.

It is amazing the calls and letters homeowners get. I've seen a lot of letters - its amazing what people will tell homeowners......and many patently illegal. However, I have seen letters from BofA investors offering a loan mod for an upfront fee. One of my short sale clients did follow thru with that and got a loan mod that worked for them. Of course I lost the short sale.

10:14pm • #3
847,779 Points 71 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

John, It is amazing that people continue to do what they can to make a buck under the premise of “helping people” and try to find ways around the laws to do it! Some don’t even bother to find ways around the laws … they will scam and sell their mother for a dime! Thanks for your comment.

10:27pm • #4
JUN
15
2011
216,123 Points 17 Featured Posts Outside Blog Called Shot Master

You're right Kathleen, that really was a strange call...almost as if they were "testing" you for the right answer.  "Can we charge a fee?"  Hmmm...a little suspicious to say the least. 

1:06am • #6
235,021 Points 8 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

You certainly did the right thing Kathleen, providing information where these folks could go to get the correct information... on another note, even tho I was the personal insurance broker for Eddie Mercury's drummer, I've never seen this rendition of the old Pretenders song... thanks for sharing!

1:31am • #7
847,779 Points 71 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Melanie, I thought of you when I realized the company was located in Benicia. Thanks for stopping by.

David,  I get a lot of random calls on my 800 # ... sometimes I do feel tested. It's bitter-sweet. People are finding me on the Internet - yet some of the calls are bizarre. Thanks for your comment.

Peggy, Oh my goodness. We just keep learning more and more about you.  That song popped into my head after I hung up the phone ... so off to YouTube to find the song!  Thanks for your comment.

11:05am • #8


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San Jose Homes for Sale | San Jose Short Sale Agent

Kathleen Daniels

San Jose, CA

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KD Realty - 408.972.1822

Address: KD Realty, P.O. Box 23665 , San Jose, CA, 95153

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