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Foreclosure "Rescue" Scams

What's a Foreclosure "Rescue" Scam?

These scams revolve around heavily-promoted deals supposedly designed to save the homes of people facing foreclosure, those who've fallen behind on their mortgage payments. But with frightening regularity this "help" from a "rescuer" either drains off the property's built-up equity or leaves the "rescuer" owning the house outright – and the family evicted from their home.

In many cases it's hard to escape the conclusion that that's exactly what the "rescue" is designed to do.

The predominant foreclosure "rescue" scams appear to come in three varieties. The first might be called "phantom help," where the "rescuer" charges outrageous fees either for light-duty phone calls and paperwork the homeowner could have easily performed, or on a promise of more robust representation that never materializes. In either event the homeowner is usually left without enough assistance to actually save the home but with little or no time left to prevent this grievous loss by the time s/he realizes it. The "rescuer" essentially abandons the homeowner to a fate that might well have been prevented with better intervention. Examples of this variant can be found in the California, Michigan, New York, Ohio and Oklahoma sections of this report.

A second variety of the scam is the "bailout" that never quite works. This scenario includes various schemes under which the homeowner surrenders title to the house in the belief that s/he is entering a deal where s/he'll be able to remain as a renter, and buy it back over the next few years. Homeowners are sometimes told that surrendering title is necessary so that someone with a better credit rating can secure new financing to prevent the loss of the home. But the terms of these deals are almost invariably so onerous that the buyback becomes impossible, the homeowner permanently loses possession, and the "rescuers" walk off with all or most of the home's equity. Examples of this variant can be found in the California, Colorado, District of Columbia, Illinois, Massachusetts, New York and Washington state sections of this report.

The third variety is a bait-and-switch where the homeowner does not realize s/he is surrendering ownership of the house in exchange for a "rescue." Many homeowners later insist that they believed they were only signing documents for a new loan to make the mortgage current.

Many also say they had made it quite clear they had no intention of selling or giving up their home to anyone. Further evidence that homeowners are being gulled by this variant of the scam is the many cases in which the home is transferred for a ridiculously small fraction of its actual value.

It's important to note here that a substantial number of these cases involve fraud and forgeries of deeds. Worse, in many cases the original homeowner is left holding the original mortgage on the home s/he no longer owns! Examples of this variant can be found in the Colorado, District of Columbia, Florida, Illinois, Minnesota, Nevada and Virginia sections of this report. Based on National Consumer Law Center's numerous interviews plus a review of cases and reports from consumer attorneys, law enforcement officials and the news media in seventeen states plus the District of Columbia, here's an outline of typical tactics employed in these scams:

• The "rescuer" identifies distressed homeowners through public foreclosure notices in newspapers or at government offices. These records are more readily accessible than in the past because they're computerized and because more private firms now compile and sell the lists. The homeowner has not been foreclosed on yet, but is merely threatened with foreclosure after falling behind on mortgage payments.

• The "rescuer" then contacts the homeowner by phone, personal visit, card or flyer left at the door (see examples of these solicitations in Appendix A), or advertising. Initial contact typically revolves around a simple message such as "Stop foreclosure with just one phone call," "I'd like to $ buy $ your house," "You have options," or "Do you need instant debt relief and CASH?" This contact also frequently contains a "time is of the essence" theme, adding a note of urgency to what is already a stressful and possibly desperate situation.

• Initial meetings stress the promise of a "fresh start" – likely what a frightened homeowner most wants to hear – and often feature written or recorded "testimonials" from other homeowners the "rescue" scammer has supposedly saved. While it is true that these programs "work" for some, what's glossed over is that even that help often comes at a very steep price.

• Homeowners are also frequently instructed to cease all contact with lawyers or the mortgage lender and let the "rescuer" handle all negotiations.¹ This doubly-devious tactic simultaneously cuts off access to possible re-financing options while running out the clock on ways to prevent the foreclosure.

• Once it's too late to save the home the property is either taken by the "rescuer" or, having been drained of substantial equity through the "rescuer's" imposition of heavy fees and other charges, simply lost to foreclosure.

• After things fall apart many homeowners suffer the added stress and indignity of being evicted by their "rescuer" from the home they once owned.

• Separately but also quite worrisome, this scam appears to have spawned a sideindustry of scam artists who teach others how to drain equity from homes facing foreclosure. These scam teachers often advertise their seminars under the rubric of buying real estate with no money down, cashing in on the so-called pre-foreclosure market, helping those in distress or some such.

1. One of many examples: A document sent by a "rescue" service to a Maryland homeowner states: "We have learned that any discussion between you, the homeowner, and the mortgage company or their attorney(s) at this point, will preempt our efforts and prevent us from being successful."

*Excerpt from Dreams Foreclosed: The Rampant Theft of Americans' Homes Through Equity-stripping Foreclosure "Rescue" Scams, 2005.

*Lawsuits for Maryland Homeowners Against Foreclosure "Rescue" Scams

• we recover surplus funds & home equity defrauded from homeowners
• we terminate & rescind fraudulent foreclosure contracts & leases
• we recover fraudulently transfered deeds & title for homeowners
• we recover monetary damages caused by Foreclosure "Rescue" Scams
• we file lawsuits against equity-stripping Foreclosure "Rescue" Scams