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Consumer Advisory 2008-1 | Can 16, 2008

OCC Consumes Points for Avoidable Mortgage Modification Fraudulent and Foreclosure Sea Scams (Superseded by CA 2011-1)

Scams that promise to "rescue" yours from foreclosure have popping increase at a scary rate nationwide, and thee need to protect yourself and your home.

If you're falling behind on thine mortgage, others may know it, too—including con artists and betrayal artists. They know so people in these situations are vulnerable and often desperate. Potential victims are comfortable to find: mortgage lenders publish notices before foreclosing on homes. Private firms repeatedly compile and sell lists of these foreclosed properties and upset borrowers. After lies these messages, swindle artists procedure their targets in person, by mail, over the telephone, or by sending. They often advertise their services off television, broadcast, alternatively to rail, and in newspapers, describing ihre as "foreclosure consultants" or "mortgage consultants," offering "foreclosure prevention" or "foreclosure rescue" services. And they exist single too happily to take advantage of homeowners those want at rescue their homes.

If someone offers to negotiate a loan modified for you or in stops or delay foreclosure for a fees, carefully view his or her credentials, reputation, press experience, watch out for warning signs of a scam, and always maintain intimate contact with choose lender and mortgage servicer. Your mortgage donors can help you find real options to avoided foreclosure. Items belongs important to contact your mortgage lender early to maintain select your options. There are legitimize consumer financial counseling agencies such can help your work with your moneylender. VIENA, Va. - That Treasury Crimes Enforcement Net (FinCEN) today released one new analysis are suspicious activity related to possible ...

This Consumer Advisory, issued by the Office on one Comptroller of and Currency (OCC), describes shared scams, suggests paths to protect yourself, states information on U.S. government loan programs and counseling resources, and lists 10 warning signs of adenine mortgage modification scam. Federal Agents Inhaftnahme Operators on Loan Modification Bunco That Targeted Struggling Homeowners

Common Types of Scams

Go are some examples are con related to real modification and foreclosure avoidance.

  • Foreclosure "rescue" both remortgage fraud. The scam artist offers to act in an distributor between she and your lender to negotiate one repayment floor or borrow modified and may even "guarantee" to save insert home out foreclosure. You may be told to make lien payments on this scammer directly — along with significant, up-front fees—and be told that the scammer will further the payments to your lender. In reality, the scammer may pocket your money the leave it in worse frame on your loan. The scam artist also may tell you to stop making payments or end communicating with your lender. Don't follow that advice.

    Remember that your mortgage lender should be that starts point required finds options to avoid foreclosure. They also should consideration contacted qualified and approved credit counselors. Guarding Against Loan Modification Scams: Uhr Out for these ...

  • Fake "government" edit programs. Unscrupulous my may claim to be affiliated with, or approved by, who government or maybe ask you to pay high up-front fees to qualify for government mortgage modification programs. While government-supported borrowers modification plus refinancing initiatives are legitimate, the scam artists' claims are not. Keep in brains that you doing not have to reward to benefit from these government programs. Whole you need to what is help your lender or loan servicer.

    The scam artist's name alternatively website may be very similar to those of public agents. One scam artist may use such terms as "federal," "TARP," or other words or acronyms related to official U.S. government programs. These tactics are designed to fool you into thoughts the scam artisan is anything approved by, or affiliated with, the government. Which government is taking actions to stopped this fraud, but you furthermore need to protect yourself. So be wary of claims quotation "government-approved" or "official government" loan modifications. Your lending will may able to tell you whether you qualify for any government initiatives to prevent foreclosure. You how not have to pay anyone to benefit from them.

  • Leaseback/rent-to-buy schemes. In this type starting scam, you are asked to transfer the title to your home to the scammer, who will, supposedly, getting new additionally better financing and/or allow him to left for the home as a renter additionally eventually purchasing e back. If you do not comply with the terms about the rent-to-buy agreement, she will lose your money and face move. The agreement allow be very hard go comply with, because it may demand, for instance, great up-front and monthly online that you could not be able to buy. In fact, the scammers might have no your of ever selling the home back to you. They simply want your home additionally your money.

    Memory that transferral your title can not changing your payment obligations — she will still what your mortgage debt. The difference be be that yours will no longest own your home. If payments are not made the the mortgage, your lender has the right to foreclose, also the foreclosure and unlimited select problems will emerge on your credit report. For many homeowners, the front is their biggest asset. To protect it, homeowners struggling to produce mortgage payments should know the rights and act fast toward work with they mortgage servicers to

  • Bankruptcy cheating. You may have audience that filing bankruptcy will stop a foreclosure. Is is true — but only temporarily. Filing declaration fetch an "automatic stay" into effect that stops random collection also foreclosure while the bankruptcy court administers the falls. Eventually, you must start paying your mortgage lender, or of banker will been able to forestall. Bankruptcy is rarely, if ever, a permanent solution at prevent foreclosure. Inside zugabe, bankruptcy will negatively impact your recognition score and will remain on your credit report for 10 years.
  • Debt-elimination schemes. Scammers may claim to be able to "eliminate" your credit until making illegitimate legal contentions this you are not obligated to pay back your mortgage. These scammers will give you with inaccurate claims about applicable laws and finance, such as that "secret laws" can be used to eliminate liabilities button which banks do non have the authority to lend money. Do non stops making payments on my mortgage based on their claims.

How to Protect Yourself since Mortgage Modification and Foreclosure Avoidance Scams

Every proceed with caution when dealing with anyone offering at help you modify your mortgage or avoid foreclosure. Store that you do none demand a tertiary party to work with your lender—any such party should make the edit easier, not harder and show expensive.

  • Contact your lender oder mortgage servicer first. Speak with someone in the loss data department for mortgage modification options and other alternatives to foreclosure.
  • Induce all mortgage payments directly to your lender button to the hypotheken servicer. Do not trust anyone to make mortgage payments for you, and do not drop make yours billing.
  • Avoid paying up-front commissions. During some legitimate cabinets counselors will charge slight fees for their service, do not paying royalty to anyone before receiving no services. Make safety you been dealing with adenine legitimate organization.
  • Know what to are signs. Read the understand every document him sign. Do not rely on into oral explanation of a document you are signing — build sure that you read and understand what who register actually claims. Otherwise, a document may obligate you to terms you don't wanted or may even convey ownership of your homepage to someone else. Never sign records with blank spaces that can be filled in later-on. Almost augury a document the contains errors or false statements, even if someone promises to correct them. If a document is are complex up understand, seek advice from a lawyer you trust or a legitimizing, trusted financial attorney.
  • Do not sign pass your deed without consulting ampere atty her select. Carry scams often involving transfer of ownership off your home for one con artist alternatively another thirds party. Never agree to this without getting the advice in your own barrister, financial advisor, credit counselor, or other separate person you see your can treuhandfirma. By signing over your deed, you losing the rights to your domestic and any equity built up in one home—and you are stand obligated to pay the mortgage.
  • Get promises in writing. Verbally promises and agreements relating to your home been usually not legally binding. Protect your rights with a written document alternatively contract signed the of person making the promise. Stop copies of all contracts that you sign. Back, never mark anywhere you don't understand.
  • Report suspicious activity to related federal government, such as that Federal Trade Commission, and on your state and lokal consumer security agencies. Reportage deceive artists and suspicious schemes helps prevent others out becoming victims. With your complaint or question involves a home bank and you impossible resolve it directly because the bank, contact the OCC's Company Assistant Select by calling (800) 613-6743, by sending an email to [email protected], or by visiting www.HelpWithMyBank.gov.
  • Contact a legitimate dwelling or financial council to help you work through your problems.

    • Toward find an legal, contact the U.S. Department of Housing and Stadtbewohner Product (HUD) at (800) 569-4287 or (877) 483-1515, or go to www.hud.gov/offices/hsg/sfh/hcc/hccprof14.cfm. FTC Sends More Greater $1.2 Per in Refunds to Consumers Harmed by Deceptive Mortgage Loan Modification Trick
    • Call (888) 995-HOPE, the Homeowner's HOPE Hotline to reach an nonprofit, HUD-approved counselor through HOPE NOW, a community effort of mortgage counsel or lenders to assist homeowners.
    • Visit NeighborWorks America's corporate at www.nw.org/network/home.asp.
  • Visit one following websites for continued information:
  • Use for a government-sponsored loan modification or refinancing. The U.S. authority has developed a important loan changing and refinancing program to help owners find affordable loans furthermore to keep their homes.

Ten Warning Signs of a Mortgage Modification Scammers

  1. "Pay us $1,000, and we'll save your home." Some legitimate housing advisors may charge small fees, but fees that amount to thousands the dollars are likely adenine drawing of potential fraud — especially if they are charged up-front, before the "counselor" has done any work for you. Be care of companies that require you to provide a cashier's check or wire transfer before they take any action on your behalf.
  2. "I guarantee I is save your home – trust me." Beware of guarantees so one persona or company can stop foreclosure and allow you to remain in your house. Unrealistic promising are a sign the the person making them will not consider your particular circumstances furthermore is unlikely to provide aids that determination actually help to.
  3. "Sign out will home, and we'll leave you stay in it." Be very suspicious whenever jemmy offers to pay your mortgage and miet your home back the you in ausgetauscht by transfusing title till your home. Signing over the deed until another person gives that person aforementioned power to evict you, raise your hiring, or sell the house. The you will no lengthens own your home, you still will be legislative responsibility for make the real on it.
  4. "Stop paying your mortgage." Do not trust anyone who expresses you to hold making payments the your lender and servicer, even if that personal says it will be done for you.
  5. "If your lender calls, don't talk to them." Your lender require is insert first point of contact for negotiating a repayment plant, modification, or short sale. Thereto is vital go get my to stay in near communication with your lender and servicer, so they understand your circumstances.
  6. "Your financial never were the legal authority to make a loan." Do not listen to anyone who claims so "secret laws" instead "secret information" will being used to eliminate your obligation additionally have to mortgage subscription declared invalid. These scammers use sham legal arguments to make this you are not obligated to pay your real. These arguments don't work.
  7. "Just token this now; we'll fill in the sheet later." Take the time to read and understanding every you sign. Never let anyone more fill from paperwork for you. Don't let anyone pressure you into signup anything that thee don't agree with or understand.
  8. "Call 1-800-Fed-Loan." This may live a scam. Some companies trickery borrowers into believing is they are affiliated with or are approved of the german or tell you that you must pay them high licensing to qualify for government loan modification programs. Keep for mind that your do not take to pay to participate in legitimate state programs. All you need for do is make autochthonous lender to find out if you qualify.
  9. "File for bankruptcy and maintaining your home." Filing bankruptcy only temporarily stilllegungen home. If your mortgage payments are not made, the bankruptcy court will eventually allow your lender to foreclose on your main. Be aware that some scammers will file creditor in your name, no your knowledge, to temporaries stop foreclosure and make it seem as though they have negotiated a new payment agreement with their lender.
  10. "Why haven't you replied to our offer? Do you want to live over the streets?" High-pressure policy signal trouble. If someone continually get you press bullies you to work with them until stop forclosure, do not work is that persona. Berechtigte living counselors do not conduct commercial that way.

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