Special offer

Loan Modification Series: Avoiding Loan Modification Scams - PART 5 of 5

By
Mortgage and Lending with NEXA Mortgage LLC an Equal Housing Lender NMLS # 1660690 NMLS 274839

Avoiding Scams When Looking For Mortgage Payment Rescue

Companies that help you stop foreclosures, attorney-facilitated Loan Modification companies, and loss mitigation companies all target people who are in or who are facing foreclosure.  Some of these companies may not be legitimate and may try to scam the consumer, making an already bad situation even worse.   

Before signing any papers, talk with an attorney or a state regulatory agency. It is important that you speak with someone who is familiar with the governing process of these companies.  Also, make sure the business has filed a contract with your state and that they hold a valid state license.  One more important thing, make sure they are willing to go through the United States Postal service for pickup and delivery of funds and documents.  If not, it could be that they are just trying to skirt issues of mail fraud.

Get educated.  Know what your options are.  Have several different real estate agents give you a comparative market analysis (CMA) to see what your home would sell for.  Seek the advice of an attorney if you want to pursue keeping your home.

Here are some of the common things many "scam" companies will say when you call and ask them if they can help you save your home.

1. "By signing the title of your home over to us, we can salvage your credit".  Their reasoning is that when the foreclosure is issued, it will be recorded in their name.

Not So Fast - In truth, a foreclosure is always recorded against the borrower.  It doesn't matter whose name is on title.  The person who borrowed the funds is responsible.  If you fall for this, you now owe money on something you no longer own.

2. "We will help you out of this situation by giving you some money AND paying your delinquent payments.  Just sign the title to your house over to us."

Not So Fast- There is a lot of uncertainty here. If interested, proceed with caution and carefully consider this:  Are you losing equity you may have built in your home?  Can the buyer really cure the default?  Will the buyer really make the payments?  Do you want to be responsible for a loan on property you no longer own?  There are a lot of maybe's and what if's in this scenario, so it's hard to make a call; be careful, and have an attorney on hand to review contracts before you sign them.

3. "Let us buy your home and you can lease it back from us.  We'll make sure you can buy it from us later."

Not So Fast- Hypothetically, you sell your house for less than it is worth, rent it back for more than you should and then re-purchase it again later at a higher price.  This doesn't sound like much of a bargain, does it?   Now you've not only lost money, but you will most likely have a higher loan amount than you did before and probably at a higher interest rate.  It will probably be harder to qualify for a loan and the payments will be more.  Consider This?  Sell the home on the open market or consider a hard equity loan if you have the equity in the property to do so.

 4. "We can help you refinance your property and pay off some of your bills."

Not So Fast- Are these people really a loan modification specialists or do they have an ulterior motive and just want to make a buck on re-doing your loan - Remember, refinancing costs money -  which is usually rolled into the new loan amount.  This not only costs you money, but eats into the equity you have in your home.

If you are considering re-finance as an option, that is great, however keep in mind that when looking at lenders, get a Good Faith Estimate of cost and consider the total amount of the loan and repayment plan - Try not to get stuck on how much the monthly payment is, do your homework.  Traditionally, these loans have higher interest rates and more fees.

 5. "Foreclosures are my specialty.  I know I can get you top dollar and help you out from the strain you've been under."

Not So Fast - There are agents who search the public records looking for people who are in pre-foreclosure.  They give these names to investors who make ridiculously low offers, all in the name of "helping."  Many times, if the seller had interviewed three agents from the area and gotten comparative market analysis' done on their homes, they would have gotten a better deal.  Always do your homework and work with an attorney if possible.

6. "Declare Bankruptcy - Stop the Foreclosure."

Not So Fast -  Foreclosures are NOT stopped by declaring bankruptcy; They are merely stalled which will give you a little extra time to organize your finances and put together a game plan. It is wise to contact a local attorney who specializes in bankruptcy and see if this is truly your best option.   Wrong or uninformed choices can make the situation worse. Again, please do your homework and choose someone who is trusted and specializes in this area of the law. Don't get stuck with a general practitioner! A few probing questions should reveal their expertise and ask for references. Now is not the time for bargain shopping.

 7. "In exchange for paying us to modify your loan, we can arrange to have your mortgage payments frozen for 3 to 5 months.

Not So Fast - Many companies ask for payment in advance for their assistance in stopping foreclosure and make false representations to homeowners.  Some companies are not operating legally even though they offer money back guarantees. A number of these loan modification companies simply take the money and run, while others arrange only for you to receive the same unaffordable forbearance agreement you were already offered by your lender.  Make sure you are working with a reputable company.  Beware if they start offering rebates or making offers that sound too good to be true. 

In closing, please remember to do your homework.  Bad things happen to good people and if you find yourself in a difficult situation, don't lose your head.  Speak to several experts and get several opinions.  A knight in shining armor may end up being a nightmare. 

If you are interested in more information on loan modification, please feel free to contact me and I will put you in touch with one of my preferred Loan Modification Experts that specialize in successful loan modification transactions. Together we will assist you every step of the way. I hope you have found this information useful.

 

The Loan Modification Series:

Loan Modification Series part 1 of 5 - Big Solution to A Growing Problem

Loan Modification Series part 2 of 5 - Are the Bank Willine to Play?

Loan Modification Series part 3 of 5 - Can a Loan Modification Assist in Avoiding a Foreclosure?

Loan Modification Series part 4 of 5 - Answers to the 10 Most Common Questions About Loan Modifications  

Be sure to visit my website http://www.wisconsinloantips.com for more great information -

Posted by

Proudly Serving the Residential Mortgage needs of the wonderful Veterans & People in Wisconsin. Green Bay, Appleton, Oshkosh, and throughout the greater Fox Cities areas.

My team works with each client to determine the best finance package for every scenario; Not only the impact of the loan on their finances today, but 5 and 15 years down the line. Need Credit restoration; We can help. Click Here for a no cost ~ no obligation pre-approval or consultation.

Gwenn Tanvas is a Certified Mortgage Planning Specialists who truly enjoys working with First-Time Home Buyers and Government Programs such as FHA, Federal VA and USDA Rural Housing Loans. Visit her website for more information, on-line calculators and a secure on-line application. She is able to assist with transaction throughout the state of Wisconsin. http://www.WisconsinLoanTips.com or http://www.WisconsinVetLoans.com she can also be reached for comment or to answer questions via email at gwenntanvas@gmail.com

 

Wisconsin Mortgage Gal on FacebookGwennie on Google PlusConnect with Gwennie in Linked InTwitter ConnectionGwennies YouTube Channel 

Our team loves working with Wisconsin Real Estate Agents. Helping them build their business by teaching cutting edge systems & strategies using social media & technology. Our weekly Agent Mastermind class is second to none. For more information about how we can help you, visit http://www.UltimatePropertyPromoter.com

Become a FAN of the Real Estate Agents HUB on FACEBOOK -http://www.Facebook.com/RealHub -

The Real Estate Hub designed specifically for Realtors. My Goal; to provide valuable information and PROVEN Marketing Strategies. Bookmark this page and come back everyday for videos, free downloads and training! Come on over to the HUB where it is all about YOU!!!!!

 

 

 

Larry Bettag
Cherry Creek Mortgage Illinois Residential Mortgage License LMB #0005759 Cherry Creek Mortgage NMLS #: 3001 - Saint Charles, IL
Vice-President of National Production

Gwenn, I just flagged this.  I'll tell you, the law firm that I work at sued a mortgage company that did just the crimes that you have indicated up in your post.  This meant that the State's Attorney got involved in, now what is a criminal matter.  This is so huge.  Your advice couldn't be more apprapro.  FYI...you mispelled foreclosure in your "tag" section (just want to help your internet presence).  Phenomenal advice here.  Keep harping on this as this is EXACTLY what consumers need to know.

Jan 25, 2009 02:46 AM
Gwenn Tanvas
NEXA Mortgage LLC an Equal Housing Lender NMLS # 1660690 - Appleton, WI
The Mortgage Gal, 920.267.7891~ SMART - INNOVATIVE

Thanks for the feed back Larry - It is interesting and unfortunate that with disparity comes opportunity and with opportunity great things can happen, but there are always sharks at prey. Glad to hear that the State's Attorney is acting.

Jan 25, 2009 03:05 AM
Ted Jernigan
Ebby Halliday Real Estate - McKinney, TX

I have an aquaintance who uses some of these techniques to help people who are just days from sale on the court house steps(that  is where sales are conducted in Texas). The one thing that he does do that was not mentioned is reach an agreement with the seller about how much money the seller wants to realize from the transaction. Obviously if they are 5 days or less from the actual sale, they are probably more flexible than they would be if they thought they had a chance of selling before foreclosure. He has been doing this for 15 years and manages to get quite a few folks out of their property before foreclosure and avoid that stigma on their credit record. My point here is there can be legitimate reasons to use some extraordinary techniques to save a seller from some of the trauma they are facing. The seller just needs to know with whom they are dealing. 

Jan 25, 2009 03:54 AM
Gwenn Tanvas
NEXA Mortgage LLC an Equal Housing Lender NMLS # 1660690 - Appleton, WI
The Mortgage Gal, 920.267.7891~ SMART - INNOVATIVE

Hi Ted - It would appear that these people are days away from loosing their home when provided a solution. Sounds as if it is beneficial. All of the points within the blog are meant to educate as there are many people looking to take advantage of others. Larry's post confirms the need to educate. Thanks for stopping by Ted - Have a great day!

Jan 25, 2009 04:07 AM
Ted Jernigan
Ebby Halliday Real Estate - McKinney, TX

People do need to know about the scam artists. They always seem to crawl out of the woodwork to try to take advantage of the unsuspecting. There are plenty of opportunities for everyone to make a living without resorting to deception and fraud.

Jan 25, 2009 05:49 AM
Anonymous
Paul

I was a bit worried about this whole loan modification thing also but Loan modifications really work!! Listen to this, I have an investment property in which i had never been late on but the rate was 6.25% 3 year ARM and it was due to adjust. Everyone i spoke to spoke to said nope, no way, never!! They said ii needed to be late on the payment and it could not be an investement. Guess what!! I got it modified to a 5% 30 year fixed!! Well truth be told it wasnt really me doing all the work, i used Home Mitigation Direct. Either way it it actually works, and it only cost me $499.00. Soooooo Happy!!!!!!

TX

P:)

Jan 25, 2009 02:13 PM
#6
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Gwenn.... this was some exceptional information in a time when it is needed most. I have heard so many scams lately, even from some companies that are semi large. Asking for money upfront, like $3,000, and no guarantee or some of the money back... very scary.  thanks for posting this.

Jeff Belonger

Jan 26, 2009 03:54 PM
Gwenn Tanvas
NEXA Mortgage LLC an Equal Housing Lender NMLS # 1660690 - Appleton, WI
The Mortgage Gal, 920.267.7891~ SMART - INNOVATIVE

Jeff: I always look at the bright side of things. Guess that it is just my nature! It is unfortunate that with good intent comes opportunists who put their greed ahead of the customers interest. I am happy to have the opportunity through this great network to share, what I hope is valuable information. Glad you found it useful and thanks for the great advice.......

Jan 26, 2009 10:59 PM
Gwenn Tanvas
NEXA Mortgage LLC an Equal Housing Lender NMLS # 1660690 - Appleton, WI
The Mortgage Gal, 920.267.7891~ SMART - INNOVATIVE

Hey Gang - I think the comment about the person who paid $499 is looking for some free exposure. Didn't they read #6 - "Now is NOT the time for bargain shopping"!!!!!!!!! Just my take on a morning with litte coffee...........

Jan 26, 2009 11:02 PM