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By
Mortgage and Lending with UCM

You've seen those signs, I know you have. And if you are one of the millions of people across the country having trouble making the payments on your home or are already facing foreclosure, these signs can seem like the answer to all of your prayers.

But people in this situation tend to be very vunerable to shady characters that don't care at all about the homeowner...they only care about their own bottom line.

I totally understand the real estate investor's bottom-line mentality. They invest money to make a profit and that's fine. What I have a serious problem with is the tricky language, complicated contracts and unrealistic terms that some of these investors layout for uneducated homeowners that find themselves in a tight spot.

I have seen too many people lose all of the equity in their home and end up with no place to go because they made a deal to "save" their home and credit with one of these foreclosure bailout investors. They sign a contract where the investor will catch them up on payments and put the deed to the house in the investor's name while allowing the homeowner to stay in the house and pay rent to the investor. The endgame is supposed to be that the homeowner pays their rent on time for 12 months and then refinances the home back into their name after they can reflect a year of on-time payments. The investor and the homeowner agree up-front on the amount of money the homeowner will give the investor when they refinance the house. Sounds good, right? It can be...and there are some scrupulous investors out there who know that this is a great way to make money and be able to sleep at night.

But, there are a lot of investors out there that glaze over the fact that one missed payment means immediate eviction for the homeowner. And if the homeowner gets evicted they lose ALL of the equity that may be in their homes...every dime. The investor has the house, has usually made a very small investment to bring the homeowner current on their mortgage and now has a vacant property that they can sell below market value and still turn a tremendous profit.

It breaks my heart to see this happening, especially when many of these homeowners do have other options that could be much better alternatives. If you know someone who is having trouble and is considering calling on one of these "prayer-answering" signs, please talk to them and make sure that they read EVERY SINGLE document carefully, get an attorney if necessary and just watch out for themselves and make sure everything is on the up and up before they sign anything.

Just like during the real estate boom of the last few years when borrowers were taken advantage of left and right by shady lenders who were willing to slam anyone into a loan, regardless of the risks...now many of those same borrowers are being taken advantage of by shady investors who are only interested in taking the house and walking away with as much money as possible...they have no interest in the homeowner or their future. Beware, that's all I'm saying.

George W. Miller
Keller Williams Realty - Naugatuck, CT
Naugatuck and Beacon Falls Real Estate
I have been reading a lot of similar pieces in the press lately. It seems a lot of people in Texas and Florida where problems are widespread have been victimized by this and similar types of plans.
Apr 20, 2007 02:57 AM
Ian Fregin
UCM - Virginia Beach, VA
The trend seems to be that the bigger the boom was the bigger the bust is now and those are the places where people are getting railroaded by these people the most.
Apr 20, 2007 03:35 AM
Roger Stensland
Keller Williams Realty Puget Sound - Maple Valley, WA
Let's Move!
I think that our number one job as Realtors, if we choose to work in the foreclosure market is to educate our prospective clients so that in the event they have to sell their home, they are able to keep their credit and as much equity as possible.  I don't like these signs.  When I see them, it makes me more determined to help as much as possible.
Apr 20, 2007 03:43 AM
Paul David Hiebing
Grampp Realty: Real Estate in the Quad-Cities - Bettendorf, IA
Quad-City REALTORĀ®, @ Grampp, Realty of The Q.C.

Ian,

Schemes like that ("settle your debt for pennies on the dollar", "We Buy Homes", etc) are why I always put the blanket disclosure of:

PLEASE NOTE: Homeowners in mortgage foreclosure are STRONGLY encouraged to retain the help of a competent real estate attorney.

In every blog posting I write regarding foreclosures.... Even the worst offenders of troubled home-owner abuse will run the minute the homeowner tells them they have an attorney...

And, unfortunately, the worst offenders in my home town are often represented by an attorney themselves.

That's why the homeowner needs legal representation.

Apr 20, 2007 10:13 AM
Ian Fregin
UCM - Virginia Beach, VA

What timing...here's an article about this exact topic that a Realtor friend of mine just forwarded to me. I find it really sad that there are people out there who like nothing better than to get rich off the vulnerabilities of others. Don't get me wrong...I'm in this business to make a living like everyone else. But I have managed to do so without defrauding people or taking advantage of borrowers. It is possible to give someone a good deal and make a nice living at the same time.

http://nationalrealtynews.com/content/templates/standard.aspx?a=436&z=1&page=1

Apr 24, 2007 01:38 AM
Anonymous
Bob Berkawitz
Seriously, it never ceases to amaze me how unfamiliar agents are with investing.  Take some time and go to your local REIAs.  Most the time the profits come from the lender's pocket or secondary lienholders.   Discounted loans are crucial since most of these people have no equity to begin with.  Also, hold these people accountable for their own actions.  I'm not referring to those who truly run into misforturne.  I'm talking about how people wait until the last minute, often days before the auction to seek help.  At that point, their worst enemy is the usnscrupulous agent who will claim they can sell their home before foreclosure even if they only have a month before the auction and it takes 4 or more to sell on avg in area.  Then they lose everything with no second chance.  Many times, investors are the only ones who have the power to grant a last-minute second chance.  If they blow it, that's unfortunate, but don't forget about the risk the investor was willing to take.  I've made money, sure, but I've also lost tens of thousands.  Where there's great risk there should be the opportunity for great reward.  Are there predators out there?  Sure.  However, I'd say that 95% of the investors I've met are fine people with very firm morals.  Don't shudder when you see an "I buy houses" sign.  And educate your clients for what to watch out for.  But if you make them so paranoid that they pass up a fair opportunity to redeem themselves, you've done them a disservice. 
Apr 27, 2007 08:38 AM
#7
Tony Hodge
Piscataway, NJ

I actively market homeowners in preforeclosure every single day. What I am hearing from homeowners in default is that they are completely overwhelmed by the plethora of agents, mortgage brokers, attorneys, and yes--investors who target this market. Everyone is promising a solution but often times the homeowners don’t even fully understand the problem.

I was speaking to a homeowner last week in Medford NJ who told me that within the first month of being in default he received over 60 pieces of "we buy houses" type mail in his mailbox from both agents and investors--all of which he just threw away. He also told me that he noticed "we buy houses" signs up and down his street.

My feeling is if these 60 people would work together in an organized way then the homeowner would only get 1 piece of mail, the owner would be more apt to read the marketing material, and initiate contact.

Agents, Investors, mortgage brokers, and attorneys can be allies in this market because what one cant do/or wont do the other can and vice versa. The interest of the homeowner must be number one.

Don’t worry about competition because their is plenty of business to go around, at least in New Jersey. Last year 23,875 pre-foreclosures were filed in New Jersey; this year we are track for 36,000!

I agree that joining a local REIA is a fantastic idea because this is where you will meet others in the field to create your team.  

 

May 24, 2007 04:50 AM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
Does anyone in this group know if the house can be listed once it is advertised in the newspaper for a sherrif's sale? That is the only way I find out about foreclosures. I have seen the ads you mention and do feel sorry  for people who face foreclosure.
Jun 01, 2007 12:57 AM
Kris Krajecki
Kris Krajecki - FOX VALLEY MORTGAGE - Huntley, IL - Huntley, IL
Mortgage Broker Huntley, IL

Once you sign over the title..you are simply a renter in what is now somone elses house!

 

Jun 11, 2007 03:54 AM
Phil Malhao
Elite Legacy Realty Inc. - Orlando, FL

GITA, yes a home can be listed anytime before it is sold at the courthouse steps and it can be sold up to the day of the sherrif's sale.

Bob you seem like a decent investor, you are one of the few. It is unfortunate that investors get a bad rap, but most of them are deserving of it. I'm a real estate broker, mortgage broker, and I am also a member of my local REIA. I've been an investor for over 20 years so I am speaking from both sides of the fence. 

The reason that most of the investors get a bad rap is because of the lack of ethics. The REIA that I belong to is currently offering its own brand of ethics education. I can safely say that most of the competition that I deal with are not looking for the homeowner's best interest.

The biggest problem that I find is when investors make promises (lies) that they can't keep. Often times I get called to clean up messes for people, but more often than not, it is already too late. The biggest culprits are newbie investors, and investors that don't have the resources to do what they say they are going to do.

Jun 11, 2007 03:57 PM
Ted Butler
www.hecm4purchase.com - Bellevue, WA
HECM for Purchase Specialist
That's great!  Don't forget that senior's 62 and better have other alternatives to stop their mortgage payments, and avoid foreclosure with the new FHA programs for seniors.
Jul 26, 2007 07:24 PM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
I have not heard of the senior program. It is good to know. I agree new investors may not know enough, they get motivated by TV shows and want to invest.
Aug 03, 2007 11:03 PM
Ronald Gillis
Southwest Florida Notaries (Mortgage Notary Signing Agent) - Port Charlotte, FL
CNSA Southwest Florida. Notaries, Port Charlotte, 941-7-NOTARY
It is unfortunate, but many do in fact see this as the only way out.  It is sometimes hard to educate them in time to stop sale.  Thanks for the great post!
Sep 06, 2007 03:02 AM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F
Good post.  People need to get professional advice before signing all these documents. Too many of these investors are sharks or wannabes and can endager the homeowner who is already vulnerable.  There are some good quality investors out there that are upfront and honest with the homeowner.
Oct 02, 2007 12:27 PM
Kotambu "KS" Shabazz
Quality Real Estate Services - Renton, WA
Renton, Real Estate Consultant
Great Post Ian. What do you think about the attorneys who prey on this group as well? They encourage the homeowner to file chapter 13 to stop the foreclosure, meanwhile their late fees and penalties keep accumulating. The bank won't talk to us to negotiate a short sale or anything else because the homeowner is protected by bankruptcy and end the end the homeowner still faces the likelihood of foreclosure because they havn't solved the problem! They just applied a temporary band-aid! This is just as sad of a situation because if anyone is supposed to be looking out for the best interest of their client, it should be their attorney. That's not to say that we don't have a fiduciary responsibility as well
Oct 12, 2007 09:36 AM
Brian Piper
Jacob Dean Mortgage - Vienna, VA
BestVirginiaHomeLoans.com

I would encourage everyone remotely interested in the topic of foreclosure rescue to read the report by the National Consumer Law Center  entitled Dreams Foreclosed: The Rampant Theft of Americans' Homes Through Equity-Stripping Foreclosure 'Rescue' Scams. 

http://virginialoanpro.com/resources/ForeclosureReportFinal.pdf 

This is a 2005 report, but even more relavent today.

 

Oct 16, 2007 02:30 PM
Randy Mitchelson,APR
Marketing Advisor & Squeeze Mortgage - Bonita Springs, FL
First Impressions are made at First Click

Just want to share another resource for you to help anyone you meet that needs help slowing down the foreclosure process.  As you probably know, real estate attorneys are charging $2500-$3000 to assist clients with the foreclosure process.  Not everyone can afford that!

An affordable alternative to access legal assistance is available at www.personalcreditbailout.com.  This service can help your company buy some extra time when working with a client.

We have partnered with a team of lawyers who have made these tools available. This offer is brand new and is catching fire across the country already. 

Best of luck to you!

Oct 08, 2008 01:35 PM
Ginger Harper
Coldwell Banker Sea Coast Advantage~ Ginger Harper Real Estate Team - Southport, NC
Your Southport~Oak Island Agent~Brunswick County!

Thanks for this good information..

Ginger

Apr 24, 2009 08:27 AM