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Here are some of the different types of loan modification scams I am hearing. If you were scammed by a loan mod company call Attorney Steve Vondran (CA / AZ)

By
Real Estate Attorney with The Law Offices of Steven C. Vondran, P.C. Attorney at Law

 

  Law Office of Steven C. Vondran

 
 Business / Real Estate / Loss Mitigation
 

(877) 276-5084 - FREE CONSULTATION

California and Arizona Homeowners - Loan Modification Scams, Frauds, Ripoffs and False Advertising (Beware of Predatory Foreclosure Prevention Schemes and Companies)

 

     Introduction:

     First off, let me start by saying there are good brokers and foreclosure consultants out there doing good work for homeowners in distress and facing foreclosure.  That being said, there are also a lot of licensed and unlicensed brokers, agents and other people who are out there saying anything they can to get a loan modification client and delivering little of value or not at all.

     My firm is getting more and more calls from California and Arizona homeowners facing foreclosure (we are licensed to practice law in both states) who have been victimized, abused, lied to, tricked, deceived, etc. at the hands of someone who promised to help them.

    This 'someone' may be in the form of a mortgage broker who got into the loan modification business, or a non-licensed person who set up a loan modification company, or a foreclosure consultant, or other person who hung out their "loan modification" company shingle.

    Types of Loan Modification Activities we Investigate:

 Please review the following questions, if you think one of these applies to you, there is a chance we can represent you on a contingency fee basis to recover the money you paid to a con-artist and to seek monetary damages from all appropriate parties.

HAVE YOU BEEN THE VICTIM OF LOAN MODIFICATION SCAM, FORECLOSURE RESCUE SCAM OR OTHERWISE DEFRAUDED BY YOUR LOAN MODIFICATION BROKER, AGENT OR CONSULTANT?

WERE YOU PROMISED A PRINCIPAL REDUCTION BUT NONE WAS OBTAINED FOR YOU?   

This is a common trick.  A loan modification company may tell you "our firm gets principal reduction for our loan modification clients and we will get you one too or your money back guarantee."  When they fail to get a principal reduction, you also fail to get your money back or get your phone calls returned.

WERE YOU TOLD BY YOUR LOAN MODIFICATION COMPANY TO NOT MAKE YOUR PAYMENTS AND NOW YOU HAVE NEGATIVE CREDIT ON YOUR CREDIT REPORT AND NO LOAN MODIFICATION TO SHOW FOR IT?   

If you were instructed orally or in writing not to make your payments and then the loan modification broker or "foreclosure consultant" or "foreclosure prevention specialist" or "loan modification expert" (whatever they may have called themselves) failed to deliver on their promise of a principal reduction or a loan modification and you are left with nothing but bad credit and days closer to foreclosure contact us.

DOES YOUR LOAN OFFICER REFUSE TO RETURN YOUR PHONE CALLS AND EMAILS AFTER YOU HAVE PAID THEM THE ADVANCE FEE THEY REQUESTED?

This is a typical sign of a loan modification scam or rip-off.  When the loan modification company fails to deliver, they often go into hiding.  We have several instances where the loan mod company refuses to respond to any phone calls.  That's when we send our legal demand letter for damages and a full refund of all monies paid to the loan modification broker or company.

WERE YOU ASKED TO PAY AN UP-FRONT OR ADVANCE FEE AFTER YOU HAD ALREADY RECEIVED A NOTICE OF DEFAULT ON YOUR PROPERTY? 

In California, The Department of Real Estate has made its position clear that loan modification marketing, soliciting and processing is a licensed activity, as such, a real estate license is required to be submitted and receive a letter of non-objection through the DRE before the broker (there must be a licensed broker overseeing all activities who is accountable for all loan modification activity).  If there is no broker, and/or the broker does not have an advance fee agreement that has received a letter of non-objection from the DRE then the company is not permitted to engage in loan modifications in the State of California.

To see if your brokerage or loan modification company is on the DRE list of companies permitted to engage in loan modifications in the State of California click here:  http://www.dre.ca.gov/mlb_adv_fees_list.html

DO YOU FEEL YOU HAVE BEEN CHEATED, DECEIVED, LIED TO, OR OTHERWISE DEFRAUDED, SCAMMED OR RIPPED OFF BY YOUR LOAN MODIFICATION COMPANY

You need to act fast to try to hold these wrongdoers accountable.

WERE YOU TOLD THE LOAN MODIFICATION COMPANY YOU WERE DEALING WITH WAS "ATTORNEY-BACKED" OR "ATTORNEY BASED"AND NOT SURE WHAT THAT MEANS OR WHAT SERVICE THE ATTORNEY (IF THEY EXIST) MAY HAVE PERFORMED?

There are many companies in and around the greater phoenix area and California that hold themselves out as being "attorney backed" or "attorney based".  First of all, what exactly does this mean?  Have you ever heard of a non-law firm holding themselves out in this manner?  It is not quite clear what this new term means.  Whatever the case, their activities must be examined especially where you feel they did not get the job done or held themselves out as experts etc. and failed in their task.  We will investigate these companies and hold them accountable if they defrauded you, breached their contract, or otherwise were not permitted to engage in loan modifications.

DO YOU FEEL LIKE YOU ARE NOW AT RISK OF BEING FORECLOSED ON DUE TO THE ACTIONS OF YOUR BROKER, LOAN OFFICER OR FORECLOSURE RESCUE AGENT?

If your loan modification company has left you in a worse position than when you found them and signed the contract for loan modification services please contact us immediately to discuss your rights.

HAVE YOU ASKED FOR A REFUND OF THE ADVANCE FEE YOU PAID YOUR BROKER, FORECLOSURE CONSULTANT OR OTHER AGENT ONLY TO GET THE BLOW-OFF OR HAVE YOUR REQUEST FOR A REFUND OUTRIGHT REFUSED?

Again, this is another sign you are dealing with an unscrupulous loan modification or foreclosure rescue company

DID YOUR LOAN OFFICER PROMISE YOU THEY WOULD GET YOU A LOAN MODIFICATION OR YOU WOULD GET A 100% MONEY BACK GUARANTEE AND THEN THEY FAILED TO SECURE ANY LOAN MODIFICATION AND YET THEY REFUSE TO GIVE YOU YOUR MONEY BACK AS PROMISED?

Again, this is pretty typical these days.  The talk is louder than the walk.

DID YOUR CALIFORNIA LOAN BROKER, OR LOAN HAVE  OR USE AN ADVANCE FEE AGREEMENT THAT HAS RECEIVED A LETTER OF NON-OBJECTION FROM THE CALIFORNIA DEPARTMENT OF REAL ESTATE?

Please see above, this topic is discussed.

DID YOUR BROKER OR FORECLOSURE CONSULTANT HOLD THEM OUT AS A "SPECIALIST" OR "LOAN MODIFICATION EXPERT" AND YET FAIL TO PROVIDE YOU ANY MEANINGFUL RESULTS IN REGARD TO SEEKING OR SECURING A LOAN MODIFICATION?

A person or company that holds themselves out as specialists or experts should be held to a higher standard.  After all they are using this often self-proclaimed designation to induce you to sign a contract with them and to also, in most cases, entice you to give them an advance fee.  If they did not perform to their self-touted standards contact us, you may have a case we can pursue on a contingency fee basis.  Please keep in mind, loan modification companies is a relatively new concept (perhaps 6 months to a year old) so it is not clear how someone could become an expert in such a short time.  We can file a lawsuit to examine their books and see just how good (or not good) they are and hold them accountable for money damages for false advertising where applicable.

CONTACT US FOR  A FREE INITIAL CONSULTATION
(877) 276-5084

ALSO NOTE:

Foreclosure Consultants in California Must Comply with the Foreclosure Consultant Law

Attorney Steve Vondran wrote a blog post on this topic which I will paste below for your easy reference

California Foreclosure Consultant Act - What Does it Mean to California Brokers doing Loan Modifications?

First let's get the law out on the table.  I will bold the portions to be discussed in this article.  I have also put some random comments in here so read through it.  My comments are italicized.  The following is general legal information only, and not legal advice.  Consult with an attorney if you have specific questions.

CALIFORNIA CIVIL CODE SECTION 2945-2945.11

 2945.  (a) The Legislature finds and declares that homeowners whose
residences are in foreclosure are subject to fraud, deception,
harassment, and unfair dealing by foreclosure consultants from the
time a Notice of Default is recorded pursuant to Section 2924 until
the time surplus funds from any foreclosure sale are distributed to
the homeowner or his or her successor.  Foreclosure consultants
represent that they can assist homeowners who have defaulted on
obligations secured by their residences.  These foreclosure
consultants, however, often charge high fees, the payment of which is
often secured by a deed of trust on the residence to be saved, and
perform no service or essentially a worthless service.  Homeowners,
relying on the foreclosure consultants' promises of help, take no
other action, are diverted from lawful businesses which could render
beneficial services, and often lose their homes, sometimes to the
foreclosure consultants who purchase homes at a fraction of their
value before the sale.  Vulnerable homeowners are increasingly
relying on the services of foreclosure consultants who advise the
homeowner that the foreclosure consultant can obtain the remaining
funds from the foreclosure sale if the homeowner executes an
assignment of the surplus, a deed, or a power of attorney in favor of
the foreclosure consultant.  This results in the homeowner paying an
exorbitant fee for a service when the homeowner could have obtained
the remaining funds from the trustee's sale from the trustee directly
for minimal cost if the homeowner had consulted legal counsel or had
sufficient time to receive notices from the trustee pursuant to
Section 2924j regarding how and where to make a claim for excess
proceeds.
   (b) The Legislature further finds and declares that foreclosure
consultants have a significant impact on the economy of this state
and on the welfare of its citizens.
   (c) The intent and purposes of this article are the following:
   (1) To require that foreclosure consultant service agreements be
expressed in writing; to safeguard the public against deceit and
financial hardship; to permit rescission of foreclosure consultation
contracts; to prohibit representations that tend to mislead; and to
encourage fair dealing in the rendition of foreclosure services.
   (2) The provisions of this article shall be liberally construed to
effectuate this intent and to achieve these purposes.


2945.1.  The following definitions apply to this chapter:
   (a) "Foreclosure consultant" means any person who makes any
solicitation, representation, or offer to any owner to perform for
compensation or who, for compensation, performs any service which the
person in any manner represents will in any manner do any of the
following
:
   (1) Stop or postpone the foreclosure sale.
   (2) Obtain any forbearance from any beneficiary or mortgagee.
   (3) Assist the owner to exercise the right of reinstatement
provided in Section 2924c.
   (4) Obtain any extension of the period within which the owner may
reinstate his or her obligation.
   (5) Obtain any waiver of an acceleration clause contained in any
promissory note or contract secured by a deed of trust or mortgage on
a residence in foreclosure or contained that deed of trust or
mortgage.
   (6) Assist the owner to obtain a loan or advance of funds.
   (7) Avoid or ameliorate the impairment of the owner's credit
resulting from the recording of a notice of default or the conduct of
a foreclosure sale.
   (8) Save the owner's residence from foreclosure.
   (9) Assist the owner in obtaining from the beneficiary, mortgagee,
trustee under a power of sale, or counsel for the beneficiary,
mortgagee, or trustee, the remaining proceeds from the foreclosure
sale of the owner's residence.

In essence, this means alot of people working in the area of loan modifications are covered under this law

 
   (b) A foreclosure consultant does not include any of the
following:

   (1) A person licensed to practice law in this state when the
person renders service in the course of his or her practice as an
attorney at law.

That means this foreclosure consultant law does not apply to California Lawyers (good for me).


   (2) A person licensed under Division 3 (commencing with Section
12000) of the Financial Code when the person is acting as a prorater
as defined therein.

 That means this foreclosure law does not apply to proraters


   (3) A person licensed under Part 1 (commencing with Section 10000)
of Division 4 of the Business and Professions Code when the person
makes a direct loan or when the person (A) engages in acts whose
performance requires licensure under that part, (B) is entitled to
compensation for the acts performed in connection with the sale of a
residence in foreclosure or with the arranging of a loan secured by a
lien on a residence in foreclosure, (C) does not claim, demand,
charge, collect, or receive any compensation until the acts have been
performed or cannot be performed because of an owner's failure to
make the disclosures set forth in Section 10243 of the Business and
Professions Code or failure to accept an offer from a purchaser or
lender ready, willing, and able to purchase a residence in
foreclosure or make a loan secured by a lien on a residence in
foreclosure on the terms prescribed in a listing or a loan agreement,
and (D) does not acquire any interest in a residence in foreclosure
directly from an owner for whom the person agreed to perform the acts
other than as a trustee or beneficiary under a deed of trust given
to secure the payment of a loan or that compensation.  For the
purposes of this paragraph, a "direct loan" means a loan of a real
estate broker's own funds secured by a deed of trust on the residence
in foreclosure, which loan and deed of trust the broker in good
faith attempts to assign to a lender, for an amount at least
sufficient to cure all of the defaults on obligations which are then
subject to a recorded notice of default, provided that, if a
foreclosure sale is conducted with respect to the deed of trust, the
person conducting the foreclosure sale has no interest in the
residence in foreclosure or in the outcome of the sale and is not
owned, controlled, or managed by the lending broker; the lending
broker does not acquire any interest in the residence in foreclosure
directly from the owner other than as a beneficiary under the deed of
trust; and the loan is not made for the purpose or effect of
avoiding or evading the provisions of this article.

 This basically refers to brokers who make direct loans of their own funds, or brokers who sell property in foreclosure or mortgage brokers who refinance someone in foreclosure.  Again, this law would not apply in these circumstances.

 
   (4) A person licensed under Chapter 1 (commencing with Section
5000) of Division 3 of the Business and Professions Code when the
person is acting in any capacity for which the person is licensed
under those provisions.

 That means this foreclosure law does not apply to accountants as shown below:

DIVISION 3.  PROFESSIONS AND VOCATIONS GENERALLY
    CHAPTER 1.  ACCOUNTANTS
     Article 1.  Administration ...................................
5000-5025.3

good for accountants


   (5) A person or his or her authorized agent acting under the
express authority or written approval of the Department of Housing
and Urban Development or other department or agency of the United
States or this state to provide services.

HUD agents are exempt


   (6) A person who holds or is owed an obligation secured by a lien
on any residence in foreclosure when the person performs services in
connection with this obligation or lien.

I think this means loan servicers are exempt


   (7) Any person licensed to make loans pursuant to Division 9
(commencing with Section 22000), 10 (commencing with Section 24000),
or 11 (commencing with Section 26000) of the Financial Code
, subject
to the authority of the Commissioner of Corporations to terminate
this exclusion
, after notice and hearing, for any person licensed
pursuant to any of those divisions upon a finding that the licensee
is found to have engaged in practices described in subdivision (a) of
Section 2945.

As shown below, this section basically means California Finance Lenders are exempt from the California Foreclosure Consulant Law unless the Commissioner of Corporations rules differently:

  • DIVISION 9. CALIFORNIA FINANCE LENDERS LAW
  • CHAPTER 1. GENERAL PROVISIONS
  • Article 1. Definitions ...................................... 22000-22011
  • Article 2. Exemptions ....................................... 22050-22064
  • Article 3. Licensing ........................................ 22100-22112
  • Article 4. Regulations ...................................... 22150-22167

     This provision would seem to suggest that it may be wise to obtain a CFL license so that you can collect an advance fee while a homeowner is in foreclosure.  Give us a call to discuss filing a CFL license for you.


       (8) Any person or entity doing business under any law of this
    state, or of the United States relating to banks, trust companies,
    savings and loan associations, industrial loan companies, pension
    trusts, credit unions, insurance companies, or any person or entity
    authorized under the laws of this state to conduct a title or escrow
    business, or a mortgagee which is a United States Department of
    Housing and Urban Development approved mortgagee and any subsidiary
    or affiliate of the above, and any agent or employee of the above
    while engaged in the business of these persons or entities.


       (9) A person licensed as a residential mortgage lender or servicer
    pursuant to Division 20 (commencing with Section 50000)
    of the
    Financial Code, when acting under the authority of that license.

    This means California Mortgage Lenders are exempt from the California Foreclosure Consultant Law Section 2945

  • DIVISION 20. CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT
  • CHAPTER 1. GENERAL ........................................... 50000-50006


       (c) Notwithstanding subdivision (b), any person who provides
    services pursuant to paragraph (9) of subdivision (a) is a
    foreclosure consultant unless he or she is the owner's attorney.

    basically means all others are foreclosure consultants unless they are an attorney


       (d) "Person" means any individual, partnership, corporation,
    limited liability company, association or other group, however
    organized.

    This means you cannot hide behind a company to get around the California Foreclosure Consultant Law Section 2945


       (e) "Service" means and includes, but is not limited to, any of
    the following:


       (1) Debt, budget, or financial counseling of any type.
       (2) Receiving money for the purpose of distributing it to
    creditors in payment or partial payment of any obligation secured by
    a lien on a residence in foreclosure.
       (3) Contacting creditors on behalf of an owner of a residence in
    foreclosure.
       (4) Arranging or attempting to arrange for an extension of the
    period within which the owner of a residence in foreclosure may cure
    his or her default and reinstate his or her obligation pursuant to
    Section 2924c.
       (5) Arranging or attempting to arrange for any delay or
    postponement of the time of sale of the residence in foreclosure
    .
       (6) Advising the filing of any document or assisting in any manner
    in the preparation of any document for filing with any bankruptcy
    court.
       (7) Giving any advice, explanation or instruction to an owner of a
    residence in foreclosure which in any manner relates to the cure of
    a default in or the reinstatement of an obligation secured by a lien
    on the residence in foreclosure
    , the full satisfaction of that
    obligation, or the postponement or avoidance of a sale of a residence
    in foreclosure pursuant to a power of sale contained in any deed of
    trust.
       (8) Arranging or attempting to arrange for the payment by the
    beneficiary, mortgagee, trustee under a power of sale, or counsel for
    the beneficiary, mortgagee, or trustee, of the remaining proceeds to
    which the owner is entitled from a foreclosure sale of the owner's
    residence in foreclosure.  Arranging or attempting to arrange for the
    payment shall include any arrangement where the owner transfers or
    assigns the right to the remaining proceeds of a foreclosure sale to
    the foreclosure consultant or any person designated by the
    foreclosure consultant, whether that transfer is effected by
    agreement, assignment, deed, power of attorney, or assignment of
    claim.

    Basically means that almost anything you do for a person in foreclosure is covered by this act


       (f) "Residence in foreclosure" means a residence in foreclosure as
    defined in Section 1695.1.

     

    Let me save you the work in looking this section up:

    1695.1 (b) "Residence in foreclosure" and "residential real property in
    foreclosure" means residential real property consisting of one- to
    four-family dwelling units, one of which the owner occupies as his or
    her principal place of residence, and against which there is an
    outstanding notice of default, recorded
    pursuant to Article 1
    (commencing with Section 2920) of Chapter 2 of Title 14 of Part 4 of
    Division 3.

      
       (g) "Owner" means a property owner as defined in Section 1695.1.

    Again, let me do the honors:  1695.1 (f) "Property owner" means the record title owner of the
    residential real property in foreclosure at the time the notice of
    default was recorded.

     
       (h) "Contract" means any agreement, or any term thereof, between a
    foreclosure consultant and an owner for the rendition of any service
    as defined in subdivision (e).

     

    This next section discusses the owners rights you must respect if the California Foreclosure Consultant Law Applies to you.

    2945.2.  (a) In addition to any other right under law to rescind a
    contract, an owner has the right to cancel such a contract until
    midnight of the third "business day"
    as defined in subdivision (e) of
    Section 1689.5 after the day on which the owner signs a contract
    which complies with Section 2945.3.
       (b) Cancellation occurs when the owner gives written notice of
    cancellation to the foreclosure consultant at the address specified
    in the contract.
       (c) Notice of cancellation, if given by mail, is effective when
    deposited in the mail properly addressed with postage prepaid.
       (d) Notice of cancellation given by the owner need not take the
    particular form as provided with the contract and, however expressed,
    is effective if it indicates the intention of the owner not to be
    bound by the contract.



    2945.3.  (a) Every contract shall be in writing and shall fully
    disclose the exact nature of the foreclosure consultant's services
    and the total amount and terms of compensation.

    For all intensive purposes this sounds just like the Advance Fee Agreement that the DRE requires DRE licensed brokers to have.

       (b) The following notice, printed in at least 14-point boldface
    type and completed with the name of the foreclosure consultant, shall
    be printed immediately above the statement required by subdivision
    (c):


           "NOTICE REQUIRED BY CALIFORNIA LAW
    _____________________________ or anyone working
                (Name)
    for him or her CANNOT:
       (1) Take any money from you or ask you for money
    until ________________________________________ has
                           (Name)
    completely finished doing everything he or she
    said he or she would do; and
       (2) Ask you to sign or have you sign any lien,
    deed of trust, or deed."

    Since California DRE Brokers are not exempt under this law, it means DRE brokers cannot accept any advance fee from any homeowner who is in foreclosure (meaning a notice of default has been filed).  For those rare brokers who have an advance fee agreement in place you will probably recognize this language.

    The bottom line is that the law in California is clear, if a homeowner is in foreclosure there is no collecting of any fees up front.  If you are a home-owner who has paid a broker a fee while you were in foreclosure contact us, there is a very strong possibility that we will be able to get your money back.

       (c) The contract shall be written in the same language as
    principally used by the foreclosure consultant to describe his or her
    services or to negotiate the contract; shall be dated and signed by
    the owner; and shall contain in immediate proximity to the space
    reserved for the owner's signature a conspicuous statement in a size
    equal to at least 10-point boldface type, as follows: "You, the
    owner, may cancel this transaction at any time prior to midnight of
    the third business day after the date of this transaction. See the
    attached notice of cancellation form for an explanation of this
    right."
       (d) The contract shall contain on the first page, in a type size
    no smaller than that generally used in the body of the document, each
    of the following:
       (1) The name and address of the foreclosure consultant to which
    the notice or cancellation is to be mailed.
       (2) The date the owner signed the contract.
       (e) The contract shall be accompanied by a completed form in
    duplicate, captioned "notice of cancellation," which shall be
    attached to the contract, shall be easily detachable, and shall
    contain in type of at least 10-point the following statement written
    in the same language as used in the contract:


              "NOTICE OF CANCELLATION
    _____________________________________________
      (Enter date of transaction)      (Date)

       You may cancel this transaction, without any
    penalty or obligation, within three business days
    from the above date.
       To cancel this transaction, mail or deliver a
    signed and dated copy of this cancellation notice,
    or any other written notice, or send a telegram to
    __________________________________________________
            (Name of foreclosure consultant)
    at
    __________________________________________________
       (Address of foreclosure consultant's place of
                        business)
    NOT LATER THAN MIDNIGHT OF _______________________.
                                        (Date)
      I hereby cancel this transaction
    __________________________________________________.

                                       (Date)
    ________________________________________________"
       (Owner's signature)

       (f) The foreclosure consultant shall provide the owner with a copy
    of the contract and the attached notice of cancellation.
       (g) Until the foreclosure consultant has complied with this
    section, the owner may cancel the contract.
       (h) After the 65-day period following the foreclosure sale, the
    foreclosure consultant may enter into a contract to assist the owner
    in arranging, or arrange for the owner, the release of funds
    remaining after the foreclosure sale ("surplus funds") from the
    beneficiary, mortgagee, trustee under a power of sale, or counsel for
    the beneficiary, mortgagee, or trustee. However, prior to entering
    into that contract, the foreclosure consultant shall do all of the
    following:
       (1) Prepare and deliver to the owner a notice in 14-point boldface
    type and substantially in the form set forth below.
       (2) Obtain a receipt executed by each owner and acknowledged
    before a notary public, acknowledging a copy of the notice set forth
    below.


                   "NOTICE TO OWNER
    ____________________  ________________________
      (Date of Contract)    (Date signed by Owner)
    ____________________________
      (Date of Foreclosure Sale)

    You may be entitled to receive all or a portion
    of the surplus funds generated from the
    foreclosure sale of your real property located
    at: __________________________, California on
    _________________________without paying any fees
    or costs of any kind to a third party. You
    should check directly with the trustee or
    beneficiary who conducted the foreclosure sale
    of your property to determine the name, address,
    and telephone number of the party to whom you
    can direct inquiries regarding filing a claim
    for surplus funds without paying a fee to a
    third party. No person or entity may require you
    to enter into any agreement requiring the
    payment of a fee to that person or entity in
    order to receive the surplus funds from
    the foreclosure sale to which you may be
    entitled during the 65 days after the date of
    the trustee's sale."

    The following sections clearly set forth violations of the California Foreclosure Consulting Law Section 2945



    2945.4.  It shall be a violation for a foreclosure consultant to:


       (a) Claim, demand, charge, collect, or receive any compensation
    until after the foreclosure consultant has fully performed each and
    every service the foreclosure consultant contracted to perform or
    represented that he or she would perform.

    If you are a California Licensed Real Estate Broker and have accepted an advance fee from an owner in foreclosure who has received a notice of default you are in clear violation of the California Foreclosure Consulting Law Section 2945


       (b) Claim, demand, charge, collect, or receive any fee, interest,
    or any other compensation for any reason which exceeds 10 percent per
    annum
    of the amount of any loan which the foreclosure consultant may
    make
    to the owner.


       (c) Take any wage assignment, any lien of any type on real or
    personal property, or other security to secure the payment of
    compensation.  That security shall be void and unenforceable.


       (d) Receive any consideration from any third party in connection
    with services rendered to an owner unless that consideration is fully
    disclosed to the owner.


       (e) Acquire any interest in a residence in foreclosure from an
    owner with whom the foreclosure consultant has contracted.  Any
    interest acquired in violation of this subdivision shall be voidable,
    provided that nothing herein shall affect or defeat the title of a
    bona fide purchaser or encumbrancer for value and without notice of a
    violation of this article.  Knowledge that the property was
    "residential real property in foreclosure," does not constitute
    notice of a violation of this article.  This subdivision may not be
    deemed to abrogate any duty of inquiry which exists as to rights or
    interests of persons in possession of residential real property in
    foreclosure.


       (f) Take any power of attorney from an owner for any purpose,
    except to inspect documents as provided by law.


       (g) Induce or attempt to induce any owner to enter into a contract
    which does not comply in all respects with Sections 2945.2 and
    2945.3.


       (h) Enter into an agreement to assist the owner in arranging, or
    arrange for the owner, the release of surplus funds prior to 65 days
    after the trustee's sale is conducted, whether the agreement involves
    direct payment, assignment, deed, power of attorney, or assignment
    of claim from an owner to the foreclosure consultant or any person
    designated by the foreclosure consultant.



    2945.5.  Any waiver by an owner of the provisions of this article
    shall be deemed void and unenforceable as contrary to public policy.
    Any attempt by a foreclosure consultant to induce an owner to waive
    his rights shall be deemed a violation of this article.

    ok, so now what are the penalties where a DRE licensed broker accepts an advance fee from a owner in foreclosure who has received a notice of default in violation of the California Foreclosure Consulting Law Section 2945?



    2945.6.  (a) An owner may bring an action against a foreclosure
    consultant for any violation of this chapter.  Judgment shall be
    entered for actual damages, reasonable attorneys' fees and costs, and
    appropriate equitable relief. 
    The court also may, in its
    discretion, award exemplary damages and shall award exemplary damages
    equivalent to at least three times the compensation received by the
    foreclosure consultant in violation of subdivision (a), (b), or (d)
    of Section 2945.4, and three times the owner's actual damages for any
    violation of subdivision (c), (e), or (g) of Section 2945.4, in
    addition to any other award of actual or exemplary damages.

    Wow, the Court shall award exemplary (which means punitive damages) in certain circumstances.  According a violation of the California Foreclosure Consulting Law Section 2945 can be a costly mistake.


       (b) The rights and remedies provided in subdivision (a) are
    cumulative to, and not a limitation of, any other rights and remedies
    provided by law
    .  Any action brought pursuant to this section shall
    be commenced within four years from the date of the alleged
    violation.


    2945.7.  Any person who commits any violation described in Section
    2945.4 shall be punished by a fine of not more than ten thousand
    dollars ($10,000), by imprisonment in the county jail for not more
    than one year, or in the state prison, or by both that fine and
    imprisonment for each violation. 
    These penalties are cumulative to
    any other remedies or penalties provided by law.

    Wow, a 10k fine and possible imprisonment.  Amazing.  the California Foreclosure Consulting Law Section 2945 packs some serious penalties and has serious legal teeth.  And yet strangely most brokers seem to be unaware of this law and are taking advance fees from homeowners who have recieved a notice of default. 



    2945.8.  If any provision of this article or the application thereof
    to any person or circumstance is held to be unconstitutional, the
    remainder of the article and the application of such provision to
    other persons and circumstances shall not be affected thereby.


    2945.9.  (a) A foreclosure consultant is liable for all damages
    resulting from any statement made or act committed by the foreclosure
    consultant's representative in any manner connected with the
    foreclosure consultant's (1) performance, offer to perform, or
    contract to perform any of the services described in subdivision (a)
    of Section 2945.1, (2) receipt of any consideration or property from
    or on behalf of an owner, or (3) performance of any act prohibited by
    this article.

     

    This seems to suggest that California Licensed Real Estate Broker is liable under this article for acts of his/her agents and representatives. 

    This could have SERIOUS ramifications if you are a California Licensed Real Estate Broker and have agents working in branch offices doing loan modifications. 


       (b) "Representative" for the purposes of this section means a
    person who in any manner solicits, induces, or causes (1) any owner
    to contract with a foreclosure consultant, (2) any owner to pay any
    consideration or transfer title to the residence in foreclosure to
    the foreclosure consultant, or (3) any member of the owner's family
    or household to induce or cause any owner to pay any consideration or
    transfer title to the residence in foreclosure to the foreclosure
    consultant.



    2945.10.  (a) Any provision in a contract which attempts or purports
    to limit the liability of the foreclosure consultant under Section
    2945.9 shall be void and shall at the option of the owner render the
    contract void.  The foreclosure consultant shall be liable to the
    owner for all damages proximately caused by that provision
    .  Any
    provision in a contract which attempts or purports to require
    arbitration of any dispute arising under this chapter shall be void
    at the option of the owner only upon grounds as exist for the
    revocation of any contract.
       (b) This section shall apply to any contract entered into on or
    after January 1, 1991.



    2945.11.  (a) Any representative, as defined in subdivision (b) of
    Section 2945.9, deemed to be the agent or employee or both the agent
    and the employee of the foreclosure consultant shall be required to
    provide both of the following:

       (1) Written proof to the owner that the representative has a valid
    current California Real Estate Sales License and that the
    representative is bonded by an admitted surety insurer in an amount
    equal to at least twice the fair market value of the real property
    that is the subject of the contract.

     

       (2) A statement in writing, under penalty of perjury, that the
    representative has a valid current California Real Estate Sales
    License, that the representative is bonded by an admitted surety
    insurer in an amount equal to at least twice the value of the real
    property that is the subject of the contract and has complied with
    paragraph (1).  The written statement required by this paragraph
    shall be provided to all parties to the contract prior to the
    transfer of any interest in the real property that is the subject of
    the contract.

     

      (b) The failure to comply with subdivision (a) shall, at the
    option of the owner, render the contract void and the foreclosure
    consultant shall be liable to the owner for all damages proximately
    caused by the failure to comply.

                                                                   (877) 276-5084

     Morals of the Story:

    (1) California Brokers You Need to Have a Well Drafted Advance Fee Agreement in Place if you want to accept an Advance Fee from homeowners for loan modification services.  I can drft these for you give me a call.  It will likely be the best money you have ever spent.

    (2) Even with an advance fee agreement in place, you need to make sure you do not accept any money up-front from an owner facing foreclosure as evidenced by a notice of default.  This means you better ask, check and verify.  You can check the County Recorder where your Client's property is as a back-up method.

    (3) If you have collected an advance fee legally (with a DRE approved advance fee agreement in place) and the owner receives a notice of default, you should not collect or withdraw any money from your Client's Trust Account.  Leave the money in there until your services are complete.

    (4) Penalties for non-compliance with the California Foreclosure Consulting Law Section 2495 are staggering including attorney fees, a 10k fine, jail time, and punitive damages

    (5) You can be held liable for the acts of your agents and representatives.  If you have a branch office in place you better know what's going on.  You have a duty to supervise and if your agents and representatives violate the California Foreclosure Consulting Law Section 2495 you will find yourself in ver hot water.

    To learn more about our services please contact us at  (877) 276-5084     

    The Law Offices of Steven C. Vondran.

    California Office
    620 Newport Center Drive, Suite 1100
    Newport Beach, CA 92660
    www.vondranlaw.com

    Arizona Office
    2415 E. Camelback Road
    Suite 700
    Phoenix, Arizona 85016
    www.vondranlaw.com

    Other Services we Provide: Advance Fee Agreements; Loan Audits, Incorporation Services, LLC's, Partnership & Branch Office Agreements, Business and Real Estate Litigation/Arbitration, Real Estate Zoning, Eminent Domain, Broker Audits, DRE licensing and discipline hearings, Contracts, Internet and eBusiness Issues.

    Because most of our California loan modification and loan auditing work can be done, and is done, by phone fax and email between us and you we are able to serve our California clients in the following California Counties and Cities

    Alameda
    Albany
    Berkeley
    Dublin
    Emeryville
    Fremont
    Hayward
    Livermore
    Newark
    Oakland
    Piedmont
    Pleasanton
    San Leandro
    Union City
    Amador
    Amador City
    Ione
    Jackson
    Plymouth
    Sutter Creek
    Chico
    Gridley
    Oroville
    Paradise
    Angels Camp
    Colusa
    Colusa
    Williams
    Antioch
    Brentwood
    Clayton
    Concord
    Danville
    El Cerrito
    Hercules
    Lafayette
    Martinez
    Moraga
    Orinda
    Pinole
    Pittsburg
    Pleasant Hill
    Richmond
    San Pablo
    San Ramon
    Walnut Creek
    Crescent City
    Placerville
    South Lake Tahoe
    Clovis
    Coalinga
    Firebaugh
    Fowler
    Fresno
    Huron
    Kerman
    Kingsburg
    Mendota
    Orange Cove
    Parlier
    Reedley
    San Joaquin
    Sanger
    Selma
    Orland
    Willows
    Humboldt
    Arcata
    Blue Lake
    Eureka
    Ferndale
    Fortuna
    Rio Dell
    Trinidad
    Imperial
    Brawley
    Calexico
    Calipatria
    El Centro
    Holtville
    Westmorland
    Inyo
    Bishop
    Kern
    Arvin
    Bakersfield
    California City
    Delano
    Kern County
    Maricopa
    McFarland
    Ridgecrest
    Shafter
    Taft
    Tehachapi
    Wasco
    Avenal
    Corcoran
    Hanford
    Lemoore
    Lake
    Clearlake
    Lakeport
    Susanville
    Los Angeles
    Agoura Hills
    Alhambra
    Arcadia
    Artesia
    Azusa
    Baldwin Park
    Bell
    Bell Gardens
    Bellflower
    Beverly Hills
    Bradbury
    Burbank
    CalabasCarson
    Cerritos
    Claremont
    Commerce
    Compton
    Covina
    Cudahy
    Culver City
    Diamond Bar
    Downey
    Duarte
    El Monte
    El Segundo
    Gardena
    Glendale
    Glendora
    Hawaiian Gardens
    Hawthorne
    Hermosa Beach
    Hidden Hills
    Huntington Park
    Industry
    Inglewood
    Irwindale
    La Canada-Flintridge
    La Habra Heights
    La Mirada
    La Puente
    La Verne
    Lakewood
    Lancaster
    Lawndale
    Lomita
    Long Beach
    Lynwood
    Malibu
    Manhattan Beach
    Maywood
    Monrovia
    Montebello
    Monterey Park
    Norwalk
    Palmdale
    Palos Verdes Estates
    Paramount
    Pasadena
    Pico Rivera
    Pomona
    Rancho Palos Verdes
    Redondo Beach
    Rolling Hills
    Rolling Hills Estates
    Rosemead
    San Dimas
    San Fernando
    San Gabriel
    San Marino
    Santa Clarita
    Santa Fe Springs
    Santa Monica
    Sierra Madre
    Signal Hill
    South El Monte
    South Gate
    South Pasadena
    Temple City
    Torrance
    Vernon
    Walnut
    West Covina
    West Hollywood
    Westlake Village
    Whittier
    Chowchilla
    Madera
    Marin
    Belvedere
    Corte Madera
    Fairfax
    Larkspur
    Mill Valley
    Novato
    Ross
    San Anselmo
    San Rafael
    Sausalito
    Tiburon
    Mariposa
    Mendocino
    Fort Bragg
    Point Arena
    Ukiah
    Willits
    Merced
    Atwater
    Dos Palos
    Gustine
    Livingston
    Los Banos
    Merced
    Modoc
    Alturas
    Mono
    Mammoth Lakes
    Monterey
    Carmel
    Del Rey Oaks
    Gonzales
    Greenfield
    King City
    Marina
    Monterey
    Pacific Grove
    Salinas
    Sand City
    Seaside
    Soledad
    Napa
    American Canyon
    Calistoga
    Napa
    St. Helena
    Yountville
    Nevada
    Grass Valley
    Nevada City
    Truckee
    Orange
    Anaheim
    Brea
    Buena Park
    Costa Mesa
    Cypress
    Dana Point
    Fountain Valley
    Fullerton
    Garden Grove
    Huntington Beach
    Irvine
    La Habra
    La Palma
    Laguna Beach
    Laguna Hills
    Laguna Niguel
    Lake Forest
    Los Alamitos
    Mission Viejo
    Newport Beach
    Orange
    Placentia
    San Clemente
    San Juan Capistrano
    Santa Ana
    Seal Beach
    Stanton
    Tustin
    Villa Park
    Westminster
    Yorba Linda
    Placer
    Auburn
    Colfax
    Lincoln
    Loomis
    Rocklin
    Roseville
    Plumas
    Portola
    Riverside
    Banning
    Beaumont
    Blythe
    Calimesa
    Canyon Lake
    Cathedral City
    Coachella
    Corona
    Desert Hot Springs
    Hemet
    Indian Wells
    Indio
    La Quinta
    Lake Elsinore
    Moreno Valley
    Murrieta
    Norco
    Palm Desert
    Palm Springs
    Perris
    Rancho Mirage
    Riversi
    San Jacinto
    Temecula
    Folsom
    Galt
    Isleton
    Sacramento
    San Benito
    Hollister
    San Juan Bautista
    San Bernardino
    Adelanto
    Apple Valley
    Barstow
    Big Bear Lake
    Chino
    Chino Hills
    Colton
    Fontana
    Grand Terrace
    Hesperia
    Highland
    Loma Linda
    Montclair
    Needles
    Ontario
    Rancho Cucamonga
    Redlands
    Rialto
    Twentynine Palms
    Upland
    Victorville
    Yucaipa
    Yucca Valley
    San Diego
    Carlsbad
    Chula Vista
    Coronado
    Del Mar
    El Cajon
    Encinitas
    Escondido
    Imperial Beach
    La Mesa
    Lemon Grove
    National City
    Oceanside
    Poway
    San Marcos
    Santee
    Solana Beach
    Vista
    San Francisco
    San Joaquin
    Escalon
    Lathrop
    Lodi
    Manteca
    Ripon
    Stockton
    Tracy
    Arroyo Grande
    Atascadero
    Grover Beach
    Morro Bay
    Paso Robles
    Pismo Beach
    San Luis Obispo
    San Mateo
    Atherton
    Belmont
    Brisbane
    Burlingame
    Colma
    Daly City
    East Palo Alto
    Foster City
    Half Moon Bay
    Hillsborough
    Menlo Park
    Millbrae
    Pacifica
    Portola Valley
    Redwood City
    San Bruno
    San Carlos
    San Mateo
    South San Francisco
    Woodside
    Santa Barbara
    Buellton
    Carpinteria
    Guadalupe
    Lompoc
    Santa Barbara
    Santa Maria
    Solvang
    Santa Clara
    Campbell
    Cupertino
    Gilroy
    Los Altos
    Los Altos Hills
    Los Gatos
    Milpitas
    Monte Sereno
    Morgan Hill
    Mountain View
    Palo Alto
    San Jose
    Santa Clara
    Saratoga
    Sunnyvale
    Santa Cruz
    Capitola
    Santa Cruz
    Scotts Valley
    Watsonville
    Shasta
    Anderson
    Redding
    Shasta Lak
    Sierra
    Loyalton
    Siskiyou
    Dorris
    Dunsmuir
    Etna
    Fort Jones
    Montague
    Mount Shasta
    Tulelake
    Weed
    Yreka
    Solano
    Benicia
    Dixon
    Fairfield
    Rio Vista
    Suisun City
    Vacaville
    Vallejo
    Sonoma
    Cloverdale
    Cotati
    Healdsburg
    Petaluma
    Rohnert Park
    Santa Rosa
    Sebastopol
    Sonoma
    Windsor
    Stanislaus
    Ceres
    Hughson
    Modesto
    Newman
    Oakdale
    Patterson
    Riverbank
    Turlock
    Waterford
    Sutter
    Live Oak
    Yuba City
    Tehama
    Corning
    Red Bluff
    Tehama
    Trinity
    Tulare
    Dinuba
    Exeter
    Farmersville
    Lindsay
    Porterville
    Tulare
    Tulare
    Visalia
    Woodlake
    Tuolumne
    Sonora
    Ventura
    Camarillo
    Fillmore
    MoorpaOjai
    Oxnard
    Port Hueneme
    Santa Paula
    Simi Valley
    Thousand Oaks
    Ventura
    Yolo
    Davis
    West Sacramento
    Winters
    Woodland
    Yuba
    Marysville
    Wheatland
     
     

     This is an advertisement and communication pursuant to State Bar Rules.  All Legal Services Offered to California and Arizona Residents Only.

  •  

    The Law Offices of Steven C. Vondran is helping loan modification clients identify predatory brokers and foreclosure consultants who are violating the California Foreclosure Consultant Law and otherwise ripping off, cheating, scamming and deceiving California and Arizona homeowners facing foreclosure.

    CONTACT US FOR A FREE CONSULTATION AND DISCUSSION ABOUT TAKING YOUR CASE ON CONTINGENCY

     

    (877) 276-5084

    We are licensed to Practice Law in California and Arizona

    California Clients

    Address: 620 Newport Center Drive, Suite 1100, Newport Beach, Ca. 92660

    Phone: (877) 276-5084

    Fax: (949) 209-0358

    Email: steve@vondranlaw.com
     

     Arizona Clients

     

    Address: 2415 E. Camelback Road, Suite 700, Phoenix, Arizona 85016

    Phone: (877) 276-5084

    Fax: (602) 358-8013

    Email: steve@vondranlaw.com

     

     

                 Copyright 2009 Law Offices of Steven C. Vondran, P.C. All Rights Reserved.  This is an advertisement and communication pursuant to state bar rules.  Privacy Policy

    Notice/Disclaimer /Contact Information:  The preceeding information is general information only and not intended to serve as legal advice or a substitute for legal advice.  For specific legal questions please contact a qualified attorney licensed in your state to assist you.  There are no warranites or representations made that the following information is accurate, complete or up to date.  In addition, any emails sent to us are not confidential and do not create an attorney client relationship.  Please use your discretion before sending confidential information.  The Law Offices of Steven C. Vondran is operated by Attorney Steve Vondran.  Mr. Vondran is licensed to practice law in the States of Arizona and California and only seeks to solicit and serve Clients in these states.  This is an advertisement and communication pursuant to state bar rules.  There are no guarantees a loan audit will reveal any legal errors of compliance violations.  There are likewise no guarantees any lender or loan servicer will modifiy any loan.  Each loan, property, borrower, investor and servicer are different.  In addition, there are no representations made that Mr. Vondran will accept any litigation case following a loan audit and/or a demand letter to the lender. 

    For more information about Mr. Vondran's law firm please visit www.VondranLaw.com the Attorney Loan Audit program can be reviewed at www.AttorneyMods.com  If you are a California Real Estate Broker looking for a DRE Approved Advance Fee Agreeement please visit www.AdvanceFeeContract.com   We have over 20 approved DRE companies as of this writing and have several advance fee agreement options available including an advance fee agreement that allows for outsourced Attorney Loan Audits and/or a letter to the Lender.  We also have spanish advance fee agreements available.


    If you are a homeowner and are looking for an attorney or law firm to handle your loan modification request, please visit www.loanmodsolutions,net   Fill out the form and a representative of our firm will contact you promptly to discuss your situation.  We also have loan modification information available at www.AttorneyLoanAudit.com

    For Brokers interested in loan modification seminars, please visit www.loanmodseminar.com .  The next seminar is scheduled for March 20th, 2009 in Long Beach, California.  There is also another  event scheduled in San Jose, California for March 27th, 2009.

    Homeowners who believe they may have been a victim of loan modification fraud should visit www.ModScams.com or www.LoanModificationScams.net to learn more about what you can do to fight foreclosure rescue scams.

    Our Offices:   California: 620 Newport Center Drive, Suite 1100, Newport Beach, CA 92660

                            Arizona: 2415 E. Camelback Road, Suite 700, Phoenix, AZ 85016

                            Phone (877) 276-5084  Email:  Steve@VondranLaw.com