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Federal government issues advisory on warning signs for foreclosure scams

by Mike on November 15, 2007

The Federal Trade Commission has issued an advisory to consumers that identified the red flags that warn you of a possible foreclosure rescue scam:

If you’re looking for foreclosure prevention help, avoid any business that:

  • guarantees to stop the foreclosure process – no matter what your circumstances
  • instructs you not to contact your lender, lawyer, or credit or housing counselor
  • collects a fee before providing you with any services
  • accepts payment only by cashier’s check or wire transfer
  • encourages you to lease your home so you can buy it back over time
  • tells you to make your mortgage payments directly to it, rather than your lender
  • tells you to transfer your property deed or title to it
  • offers to buy your house for cash at a fixed price that is not set by the housing market at the time of sale
  • offers to fill out paperwork for you
  • pressures you to sign paperwork you haven’t had a chance to read thoroughly or that you don’t understand.

If you’re having trouble paying your mortgage or you have gotten a foreclosure notice, contact your lender immediately.

The report also identified several types of foreclosure rescue scams:

  • Phony Counseling or Phantom Help – where the scammer pockets a fee but performs no services
  • Bait-and-Switch – where the scammer asks you to sign “loan documents” that really surrender possession of your home
  • Rent-to-Buy Scheme – where the scammer takes legal title to your home, with a promise to sell it back to you, and then makes it difficult or impossible for you to meet all the terms of the repurchase
  • Bankruptcy Foreclosure – like the “phantom counselor,” this scammer promises to file bankruptcy for the homeowner, but pockets the fee and disappears

If you think you’ve been a victim of any of these scams, contact the Federal Trade Commission or your state Attorney General’s office. You also may want to speak with a lawyer who can act to represent your interests, first.

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