Jewish World Review May 1, 2007 / 13 Iyar, 5767

Reasons to beware of ‘We Buy Homes’

By Vicki Lee Parker

http://www.JewishWorldReview.com | (MCT) The great American dream is quickly becoming the great American scam. With so many homeowners forced into foreclosure last year, and just as many expected this year, the number of people willing to swindle consumers out of their homes is also on the rise.

Those "We Buy Homes — Instant Cash" signs you see around many urban areas aren't true. They simply prey on people in financial trouble.

"Instead of throwing them a life jacket, they are throwing them an anchor," said Mal Maynard, executive director of the Financial Protection Law Center in Wilmington, N.C., a nonprofit group that advocates against predatory lending and provides legal services to borrowers who encounter abusive lending practices.

Here are the most common scams:

• The bailout. A scammer offers to buy your home for much less than its value, with the understanding that you can rent it and eventually repurchase it if certain terms are met.

  However, the sales price or monthly payments are typically inflated, making it impossible for you to buy the home back. Eventually, the property is forfeited and the new owner sells the home at market value and pockets the equity.

• The fake home sale. In this scheme, a scammer says he will buy your home to get control of the deed or title to the home.

  In some cases, homeowners believe their lender has been paid — but don't get proof before handing over deed.

  But the homeowners are still liable for the mortgage, because you have merely signed over the deed, not sold the home. The scammer rents the home to a tenant with an option to buy — pocketing any down payment and rent - but never making a mortgage payment. Eventually the lender notifies you that it is foreclosing on the property. The deed holder walks away with no liability.

• Bogus help. This scheme is simple and common. The scammer promises to save your credit or get you low monthly payments. Instead, you pay thousands of dollars in fees, and they do nothing. In the end, you still might be forced into foreclosure or bankruptcy.

  Most foreclosure scammers identify their victims by watching for property that has been listed for sale in court. They approach the homeowner with offers to help. Other scammers are contacted by potential victims who have seen a flier advertising "foreclosure rescue."

  So if you're a homeowner in financial trouble, thoroughly check out any organization before doing business with it. Here are some other tips:

• Don't pay upfront fees to "foreclosure rescue" companies that promise to help you keep your property.

• Don't sign your deed over without consulting a lawyer you trust. Remember, simply signing your deed over doesn't formally release you from your mortgage liability.

• Don't sign any contract to sell your home until you review the document with a lawyer.

• Don't work with anyone who discourages you from contacting your mortgage company, refuses to put promises in writing, pressures you to sign paperwork you haven't had a chance to read thoroughly or fills out paperwork for you.

• Contact your lender at the first sign of financial trouble. See if the loan can be restructured or refinanced, or work out a repayment plan. Keep in mind that most lenders don't want to foreclose because it costs them money. Also, the longer you wait, the fewer options you have for help. Once a lender begins foreclosure proceedings, the process is swift. Your home could be auctioned in as few as three weeks after your court hearing.

• Consider selling your home if you have equity in it. If all other options fail, you might also consider deeding your property back to your mortgage company, also known as deed-in-lieu of foreclosure. If the lender agrees to this transaction, you can be released from most or all financial obligation and the lender benefits by not having to pay repossession fees and other costs associated with foreclosure.

• Contact a reputable non-profit credit and housing counselor if you are not able to work with your lender. For a list of approved housing counselors in your state, call the U.S. Department of Housing and Urban Development at (800) 569-4287 or go to hud.gov and click on the foreclosure link.

• Consult with an lawyer if you don't understand the foreclosure process.

Just remember: There is no shame in needing — or getting — help.