Troubled borrowers fall prey to scams

If you or someone you know is in trouble with their mortgage, there are lots of people who claim that they can help you. The challenge you face, however, is determining who is legitimate and who is running a scam.

As unemployment continues to soar, an increasing number of people are facing serious challenges in making their mortgage payments. Sadly, distressed homeowners have become prime targets for scammers who claim they can help troubled homeowners escape their financial woes. Here are some of the most common real estate mortgage scams.

1. In order for us to negotiate with your lender on your behalf, you must first deed the scammer the property.

People who run this scam will tell you a partial truth: The lender will negotiate only with the owner. This is true. It does not mean, however, that you must deed the property to someone else in order to obtain help. What the scammers aren't telling you is that you can authorize an attorney or some other qualified individual to represent your interests. There is no need to deed the property to a third party.

2. If you are attempting to obtain a loan workout or a loan modification, don't rely on a real estate agent.

Unless your agent is a licensed attorney, it is illegal in most states for him or her to negotiate a loan workout or a loan modification with your lender. Your agent can write up offers and present them. In contrast, negotiating the terms of a mortgage workout can be considered as practicing law and thus, may require an attorney. The agent could lose his or her real estate license if deemed to be practicing law without a license.

3. Beware of deeds hidden in refinance paperwork.

This is one of the worst possible scams. The scammer contacts the owner of a distressed property and offers to refinance the property. Hidden in the "refinance" documents is a deed that conveys the property to the scammer. A set of loan documents can be more than 100 pages in length. It's common for people not to read the documents. Be smart. Carefully review the documents before signing them. More importantly, carefully examine any document that has the word "deed" or that requires a notary. If you are unfamiliar with what types of instruments your state uses to convey property, be sure to find out before signing anything. Better yet, have any documents you are considering signing reviewed by an attorney first.

4. Rental scams

One of the most common mortgage scams involves having you stay in the property as a renter. These scammers ask you to deed your property over to them. You pay them rent and they promise to let you buy the property back at a later date. The scammers pocket your rent and disappear. You end up out of your home. Worse yet, you are still obligated for the debt. Lenders always require written documentation to alter who is responsible for the loan.

5. Avoid scammers who charge upfront fees.

Legal hotline attorneys in Maryland have been receiving reports of attorneys who are running scams as well. These attorneys charge $500 for the homeowner to attend this seminar. The attorney then hands off the homeowner to a real estate agent to handle the transaction. As a rule of thumb, be wary of seminars offering to help you get out of trouble. ...CONTINUED

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