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Foreclosure Rescue Scams Afflicting the Most Vulnerable Floridians

You likely have seen roadside placards or Internet ads that tout, “We Buy Houses Fast,” or “Avoid Foreclosure: Refinance Now.” While these banners may appear to offer help to a growing number of Floridians facing foreclosure, the truth is that these ads often are tied to scams that target some of the state’s most vulnerable residents.

Foreclosure "rescue" scam artists are thriving in the wake of subprime lending. They lure homeowners who have fallen behind in their mortgage payments with promises to save their homes, but instead, they steal property and strip equity. An eye-opening report from an advocacy group, the National Consumer Law Center, says there are three primary types of foreclosure rescue scams:

  • Phantom help: A "rescuer" charges a homeowner hefty fees for doing paperwork or seeking refinancing – but the work never is done. By the time the homeowner realizes that help isn’t on the way, he or she has amassed greater debt and doesn’t have enough time to save the home.
  • Bailout: A homeowner signs over a property’s title to a "rescuer" with the goal of staying in the house as a renter and buying the property back within a few years. But the arrangements to buy the house are so prohibitive that they wind up losing their homes and signing away their equity.
  • Bait and switch: Homeowners believe they are signing a new loan or other document only to discover that the scammer has had them sign away the title to their house.
  • Florida has enacted consumer protection laws to counter these scammers, however many siphon money so creatively that they are hard to catch. In fact, they may forge and manufacture documents so well that some scammed homeowners will find themselves without a home, but still responsible for its mortgage.

    There are things that you can do to protect yourself against these rescue scammers if you or someone you know are facing foreclosure. Here are a few tips.

    Don’t be afraid to ask for help. Many people who have fallen behind in their mortgage payments are consumed with guilt and may even feel as though they deserve the hard knocks they are taking. This simply isn’t the case; the foreclosure glut is being caused by very real societal issues, including rising costs of living, greater job insecurity and the fall-out from overzealous lending. If you find yourself under financial stress, there is sound help out there for you, and being proactive can make the difference between recovering or losing your home. It is imperative that you consult a reputable attorney for advice and protection. If hiring an attorney is prohibitively costly, you may qualify for free legal aid. If you don’t, The Florida Bar Lawyer Referral Service provides referrals to attorneys who will conduct an initial one-half hour office consultation for $25. You can find such an attorney and a series of brochures to learn about your rights at FloridaLawHelp.org. Non-profit credit counseling agencies also are a good resource.

    Hold onto your title. One of the worst moves you can make is to give up your home ownership unless you have to. If someone advises you to relinquish your title, don’t do it and instead, report that person to the Florida Attorney General’s office at 1-866-966-7226 or MyFloridaLegal.com.

    Never sign anything under pressure. Rescue scammers are known for generating a dossier of fine print that is almost impossible to understand. Don’t ever sign any paperwork that pertains to your home’s fate unless you understand exactly what it means. A real estate attorney will be able to tell you very quickly whether a document is suspect or something you should sign.

    Don't let someone else deal exclusively with your lender. Many scammers tell homeowners to stop talking with their lenders. But in fact, it is imperative to stay in touch with your lender when you get behind in making your payments. Often times, lenders will work out a new payment plan. If you are able to make a mortgage payment, don’t ever hand it over to a third party to pay the lender. This is a surefire way to hand over your hard-earned money to a scammer.

    Be aware of common scam tactics. A full listing of tactics that scammers commonly use is in the National Consumer Law Center report available online at ConsumerLaw.org. Rescue scam artists often approach homeowners directly, after getting their names from public documents filed when a loan is in default. They tell homeowners that the will pay cash for their homes, buy a home in “as-is” condition, charge no fees and offer them the chance to win a vacation or free gas. A more sinister tactic is reaching people through affinity marketing. Scammers will target people of the same religion, race or gender to win the trust of a homeowner in distress.

    If you think you’ve been scammed, contact your lawyer or the Attorney General’s office immediately. The sooner you get help, the higher your chances are of recovering and recouping.

    Charles J. Kovaleski is president of Attorneys’ Title Insurance Fund, Inc., (The Fund) the leading title insurer in Florida and the sixth largest title insurance company in the country. Acknowledged as the Florida residential real estate expert, The Fund has been in business for more than 50 years and supports a network of more than 6,000 attorney agents statewide who practice real estate law. The Fund, based in Orlando, Fl., underwrites more than 300,000 title insurance policies for owners and lenders in Florida every year. For more information, visit www.FundHomeInfo.com

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