You've probably heard the ads on the radio or seen the signs or fliers: Having trouble with your mortgage? We can help! You may be eligible for mortgage aid!
Chances are, you mentally filed these come-ons under
good old-fashioned American entrepreneurship in action. Maybe you
even think kindly toward companies that would offer a hand to debt-ridden
homeowners on the brink of foreclosure.
Fat chance. The majority of these so-called foreclosure "rescuers"
are actually sleazy predators, says Harvard Law School professor
and bankruptcy expert Elizabeth Warren. She calls what they offer
"the cement life jacket."
Before you're even aware of it, these scam artists will have acquired
your home for a fraction of what it would have brought at sale.
Or, in an even worse scenario, they will have transferred your title
into a trust that then enables them to rent or "resell"
your property to equally hoodwinked buyers while, to your surprise,
you remain legally obligated to make the mortgage payments!
The perfect
storm
It's no accident that the spike in foreclosures has been accompanied by a spike in mortgage scams. Mortgage fraud is at an all-time high -- up 26 percent in 2008, according to a recent report by the Mortgage Asset Research Institute, or MARI. Unsurprisingly, the report cites a rise in foreclosure-prevention schemes as a contributing factor.
Steve Tripoli saw the storm on the horizon as
well. As a former consumer fraud investigator
for the National Consumer Law Center in Boston,
Steve Tripoli interviewed numerous state attorneys
general and legal aid staffers for the NCLC's
June 2005 report, "Dreams
Foreclosed: The Rampant Theft of Americans' Homes
through Equity-Stripping Foreclosure 'Rescue'
Scams."
Tripoli found that foreclosure
rescue scams fall into three main
categories.
 |
3 types of scams: |
 |
|
| |
Phantom help: The rescuer
charges outrageous fees for light-duty phone calls or paperwork
that the homeowner could easily do, none of which results in saving
the home. This predatory scam gives homeowners a false sense of
hope and prevents them from seeking qualified help. |
| |
The bailout:
In this scam, the homeowner is deceived
into signing over the title with the
belief that he will be able to remain
in the house as a renter and eventually
buy it back over time. The terms of
these scams are so onerous that the
buy-back becomes impossible, the homeowner
loses possession and the rescuer
walks off with most or all of the equity. |
| |
The bait-and-switch: In this scam,
the homeowners think they are signing documents to bring the mortgage
current, but instead actually surrender their ownership. They usually
don't even know they've been scammed until they're evicted. |
|
"Rescuers" often place
ownership of the property into a trust in the
owner's name in order to avoid the "due-on-sale"
clause in most mortgage contracts. They then transfer
ownership through the trust to themselves or to
a front operation. In these instances, the mortgage
company is unaware that anything is amiss. The
homeowner, however, is frequently left on the
hook to pay the mortgage on a house she no longer
owns.
|