By Broderick Perkins
It's often up to individuals to take action if they are targeted by foreclosure scams masquerading as "foreclosure rescuers."
Along with the growth in mortgage fraud, title insurance kickbacks, over-inflated appraisals, fraudulent flipping and other forms of real estate fraud, there's a growing underworld of crooks watching the foreclosure listings like hawks, hoping they can snare your money or your home when you can least afford to lose it.
"Dreams Foreclosed: The Rampant Theft of Americans' Homes Through Equity-Stripping Foreclosure 'Rescue' Scams,' " a National Consumer Law Center report that doesn't mince words, says much as is the case with other real estate-related fraud, the growth in the cottage industry of "foreclosure rescuers" has been triggered by a booming real estate market of rapidly appreciating home prices.
Higher home prices lead some home owners to creative financing deals that cost more than expected when interest rates rise and push mortgage payments beyond their income's limits. Likewise, counting on equity loan cash earned from home value appreciation is causing more and more homeowners to spend more than they can truly afford. Only later do they discover the added burden of a second mortgage.
When a home owner doesn't take the recommended steps to avoid foreclosure he or she could be targeted by unscrupulous "foreclosure rescuers" making promises they have no plans to keep.
The National Law Center's report comes with advice for consumers facing mortgage payment problems who are, in turn, approached by strangers sounding convincingly like a helpful friend with deep pockets.
* Avoid doing business with individuals or companies that call themselves a "mortgage consultant," "foreclosure service" or something similar. There are legitimate mortgage consultants to help you find the best loans and that fight for you if you've been saddled with a predatory loan, but be sure to check out their background and references with licensing agencies, trade groups and family, friends, co workers and others you trust.
* Don't fall for promises such as "We'll save your credit," "We'll pay the closing costs," "We'll buy your house as-is," and "If you sign the house over to us. the foreclosure will be recorded against us," among a host of other come-ons.
* Stay away from those who contact or advertise to people whose homes are listed for foreclosure, including anyone who sends fliers or solicits door-to-door.
* Steer clear of people who say they need to collect a fee before providing services to you. Never make your mortgage payment to anyone but your lender or mortgage servicer.
* Ignore anyone who tells you to transfer your property deed or title to them or their company, no matter how compelling their offer.
The consumer law center says, contrary to scammers' misguided advice, if you see trouble ahead with your mortgage, you should immediately contact and stay in touch with your lender, who likely will have some bona fide work-out strategies.
"People in distress either don't exercise their rights or think that what's happening to them is just a price they have to pay for financial trouble. In most cases you don't have to lose your home or a big slice of its equity to get out of a debt jam," the center says.
The center also advises:
* Don't panic. Get full information on the foreclosure process in your state and especially how much time you have to resolve your problems short of losing your home. Make sure you understand all deadlines for responding to court documents, documents from lenders and other important papers. Be especially sure that you know the point at which you can lose the legal right to own your home.
* Never sign a contract or other documents under pressure. Seek help from an attorney, social services agency, legal aid or someone you trust to review any foreclosure-related paper work. Be especially wary of offers to take over ownership of your home as part of a deal that allows you to rent your home and then buy it back after a few years.
* Never make verbal agreements. Never sign blank pages where information can be added later. Never sign anything you don't understand.
Real estate writer Broderick Perkins, executive editor of San Jose-based DeadlineNews.Com, writes regularly for this newspaper.
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