DREAMS FORECLOSED: The Rampant Theft of Americans' Homes
DREAMS FORECLOSED: The Rampant Theft of Americans' Homes
DREAMS FORECLOSED: The Rampant Theft of Americans' Homes
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<strong>DREAMS</strong> <strong>FORECLOSED</strong>: <strong>The</strong> <strong>Rampant</strong> <strong>The</strong>ft <strong>of</strong> Americans’ <strong>Homes</strong> Through Equity-stripping Foreclosure “Rescue” Scams<br />
Many also say they had made it quite clear they had no intention <strong>of</strong> selling or giving up their home<br />
to anyone. Further evidence that homeowners are being gulled by this variant <strong>of</strong> the scam is the<br />
many cases in which the home is transferred for a ridiculously small fraction <strong>of</strong> its actual value.<br />
It’s important to note here that a substantial number <strong>of</strong> these cases involve fraud and<br />
forgeries <strong>of</strong> deeds. Worse, in many cases the original homeowner is left holding the original<br />
mortgage on the home s/he no longer owns! Examples <strong>of</strong> this variant can be found in the Colorado,<br />
District <strong>of</strong> Columbia, Florida, Illinois, Minnesota, Nevada and Virginia sections <strong>of</strong> this report.<br />
Based on National Consumer Law Center’s numerous interviews plus a review <strong>of</strong> cases<br />
and reports from consumer attorneys, law enforcement <strong>of</strong>ficials and the news media in seventeen<br />
states plus the District <strong>of</strong> Columbia, here’s an outline <strong>of</strong> typical tactics employed in these scams:<br />
‣ <strong>The</strong> “rescuer” identifies distressed homeowners through public foreclosure notices<br />
in newspapers or at government <strong>of</strong>fices. <strong>The</strong>se records are more readily accessible<br />
than in the past because they're computerized and because more private firms now<br />
compile and sell the lists. <strong>The</strong> homeowner has not been foreclosed on yet, but is<br />
merely threatened with foreclosure after falling behind on mortgage payments.<br />
‣ <strong>The</strong> “rescuer” then contacts the homeowner by phone, personal visit, card or flyer<br />
left at the door (see examples <strong>of</strong> these solicitations in Appendix A), or advertising.<br />
Initial contact typically revolves around a simple message such as “Stop foreclosure<br />
with just one phone call,” “I’d like to $ buy $ your house,” “You have options,” or<br />
“Do you need instant debt relief and CASH” This contact also frequently contains<br />
a “time is <strong>of</strong> the essence” theme, adding a note <strong>of</strong> urgency to what is already a<br />
stressful and possibly desperate situation.<br />
‣ Initial meetings stress the promise <strong>of</strong> a “fresh start” – likely what a frightened<br />
homeowner most wants to hear – and <strong>of</strong>ten feature written or recorded<br />
“testimonials” from other homeowners the “rescue” scammer has supposedly saved.<br />
While it is true that these programs “work” for some, what's glossed over is that<br />
even that help <strong>of</strong>ten comes at a very steep price.<br />
‣ Homeowners are also frequently instructed to cease all contact with lawyers or the<br />
mortgage lender and let the “rescuer” handle all negotiations. 3 This doubly-devious<br />
tactic simultaneously cuts <strong>of</strong>f access to possible re-financing options while running<br />
out the clock on ways to prevent the foreclosure.<br />
‣ Once it’s too late to save the home the property is either taken by the “rescuer” or,<br />
having been drained <strong>of</strong> substantial equity through the “rescuer’s” imposition <strong>of</strong><br />
heavy fees and other charges, simply lost to foreclosure.<br />
‣ After things fall apart many homeowners suffer the added stress and indignity <strong>of</strong><br />
being evicted by their “rescuer” from the home they once owned.<br />
‣ Separately but also quite worrisome, this scam appears to have spawned a sideindustry<br />
<strong>of</strong> scam artists who teach others how to drain equity from homes facing<br />
foreclosure. <strong>The</strong>se scam teachers <strong>of</strong>ten advertise their seminars under the rubric <strong>of</strong><br />
buying real estate with no money down, cashing in on the so-called pre-foreclosure<br />
market, helping those in distress or some such.<br />
3 One <strong>of</strong> many examples: A document sent by a “rescue” service to a Maryland homeowner states: “We have learned<br />
that any discussion between you, the homeowner, and the mortgage company or their attorney(s) at this point, will preempt<br />
our efforts and prevent us from being successful.”<br />
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