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Foreclosure Fraud
Avoiding Foreclosure Scams

 

Strategy

The best defense against the foreclosure pirates is knowledge. Educate yourself on how they operate and know what to look for to protect yourself. Also, be forewarned that getting justice is near impossible. Prosecutors are dumping victims of real estate crimes into the civil courts to undo the crimes against them. The victim is double victimized. Read how to protect yourself to be sure you're not a statistic of real estate crime victims denied justice.

 

Knowledge is Power


AARP lawyer James T. Sugarman says "there are dozens of ways to save your house from foreclosure" but that those in desperate times too frequently jump at bad deals.

His rule of thumb is, "Never do business with anyone who comes to your
door or calls you out of the blue or sends you a flier. It's so bad out there that you can't afford to trust a stranger."

If you're facing foreclosure:

1. Look into renegotiating the loan with the lender or working out a repayment plan.

2. If you can afford it, get a lawyer from the local bar association referral program or a lawyer recommended by a trusted friend to help fight the foreclosure. If you have a low income, contact the local legal services network.

3. Contact a government-approved housing counselor. Counselors are listed by state at www.hud.gov, the Web site for the Department of Housing and Urban Development.

4. File a Chapter 13 bankruptcy to reorganize your debts. That will stop a foreclosure. But you must keep up the mortgage payments during reorganization. Be sure you get a reputable bankruptcy lawyer. (Some con artists offer to file bankruptcy petitions for a homeowner, but never file the appropriate follow-up paperwork.)

5. If you suspect the lender won't agree to cooperate or has included abusive terms, contact the local licensing regulator, consumer protection agency or federal banking regulators.

6. If you think you have been scammed:

a) You are over the age of 60 years, living on a low income, contact AARP's legal counsel for the elderly.

b) Contact HUD's National Servicing Center at 888-297-8685. The center refers callers alleging scams to local authorities and HUD-approved agencies, as well as the Better Business Bureau.

7. Seek a temporary restraining order in your state court.

Before the foreclosure notice comes:

8. Elderly homeowners on fixed incomes can apply for reverse mortgages, the kind for which you draw money against the equity in your house for as long as you live rather than having to pay a mortgage.

Such loans are fairly complicated, but certified housing counselors are very familiar with them. AARP's Web site offers information at:

 

AARP

Federal Trade Commission

 

 

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