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Protect Yourself:
Watch out for Foreclosure/Short Sale Scams!
People in foreclosure are vulnerable. Think twice before embarking on a plan and think very long and hard before signing anything. Read our Know your options section to understand what your options are.
Foreclosure Scams
- IT IS AGAINST CIVIL CODE 2945, TO CHARGE UPFRONT FOR FORECLOSURE PREVENTION SERVICES (for more information visit www.leginfo.ca.gov). IF YOU HAVE BEEN TAKEN ADVANTAGE OF BY A PREDATORY SERVICE CONTACT WWW.HUD.CA.GOV OR FILE A POLICE REPORT AND FILE A COMPLAINT WITH A HUD APPROVED COUNSELING AGENCY.
- We'll save your credit. Pay a fee and sign the house over to an individual. The foreclosure will be recorded against the individual, not you.
The foreclosure will be reported against the borrowers on the note, not anyone else.
- We'll give you some money, just sign the house over, we'll cure the default.
There really isn't a problem with it, IF you know how much equity you are selling and IF the purchaser really will cure the default and IF the purchaser will really make the payments and IF you want to still be responsible for the loan. Too many IFs to be able to say this is either a good or bad option, just be careful with it.
- We'll buy the property, lease it to you, you have the option to buy it back.
It might have happened, but the reality is, to buy it back you'll need a new loan that's larger than the loan you have with an interest rate greater than what you have. The payments will be higher and it's going to be very difficult to qualify. Explore a small hard money loan if you have the equity or consider an open market sale, you'll probably end up with more money in your pocket.
- I'm an agent specializing in pre-foreclosures and I'll get your property sold quickly for top dollar.
Some agents have a relationship with an investor and work from published Default notices. You'll get an offer, but is it the best? We've seen listed properties in foreclosure recieve higher offers with no contingencies and the capability for quick closing that aren't always accepted by sellers. Why? Most likely, because they are never presented to the seller. Be cautious.
- Stop Foreclosure with Bankruptcy
Bankruptcy does NOT STOP foreclosure. It puts a hold on foreclosure which can allow you time to reorganize your finances. Every area has reputable attorneys who handle bankruptcies. Spend the time to find one and spend the time to know what you have to do and when. Mistakes can cause things to get very bad very fast. Do you want it done right, or do you want it cheap?
Real Estate Scams
- The most common scam happens either during or after the foreclosure. Person breaks in to a vacant house, changes the locks and then rents the property out.
- When a property is advertised at below market rent, the phone number is voice mail and the "landlord" wants to meet at a restaurant or other public place, it's quite likely a scam.
- Another variation on this same theme is a person giving an owner in foreclosure a cash amount for the equity in the home. The small cash payment gains control of the property which is then rented out with no payments made to the lender. The "landlord" pockets any rents received while delaying the foreclosure as long as possible.
There is one person in this world who has your best interest at heart. It's you. You have to be careful, think about the services promised, and determine whether the promises are real or just another way of separating you from your money. No one can guaranty they can stop the process, be vigalant, do your research and never pay for anything or take money from anyone upfront.
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