FBI: Beware of Loan Modification Scams

Paul Kiesel
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Posted by Paul KieselOctober 28, 2008 4:08 PM

According to the Justice Department, San Joaquin Valley has been a hotbed for loan modification scams, as cities like Stockton, Modesto and Merced top the foreclosure rankings among cities nationwide.

Last week, Representative Dennis Cardoza (D-Modesto), urged Attorney General Michael Mukasey to investigate mortgage-reduction schemes that are being marketed to distressed homeowners throughout the Valley.

Most of these scams ask homeowners for an upfront fee in order to start a loan modification program. At best, the homeowners may end up paying for work that is completed by the group asking for the money, however, it's work that likely could have been done for free through other non-profit organizations or loan-modification assistance programs (i.e. Community Housing Council, a non-profit based in Fresno). At worst, the homeowners pay for work that isn't done at all.

Cardoza wrote to Mukasey that it was "imperative" that law enforcement authorities "crack down on these foreclosure scams quickly and comprehensively. Cardoza pointed out that San Joaquin Valley residents are particularly vulnerable because of the region's foreclosure crisis.

The scams are typically initiated over the phone or through the mail, however, the people running the scams sometimes show up at the homes they're targeting. The companies will then offer the distressed homeowner their services to renegotiate the mortgage in exchange for an up-front fee amounting to one month's mortgage payment or more.

Just last week, in Modesto, "some homeowners attended a workshop in which they were asked to pay $3,500 for getting their mortgage woes resolved," (San Jose Mercury News, 10/27/08).

The FBI is aware of this problem, as they report to having 1,569 pending mortgage fraud investigations open as of last month. However, it is clear that number will rise and more resources will need to be poured into combating mortgage fraud, as incidences of it has annually doubled between 2003 and 2007.

The FBI has also been taking some flack recently due to their late arrival to all of the rampant mortgage fraud that's been taking place over the last couple years, but part of that is due to the agency not having enough agents to cover the continuing spread of mortgage fraud, as the housing and foreclosure crisis gets worse. The bureau slashed its criminal investigative work force to expand its national security role after the Sept. 11 attacks, shifting more than 1,800 agents, or nearly one-third of all agents in criminal programs, to terrorism and intelligence duties. Current and former officials say the cutbacks have left the bureau seriously exposed in investigating areas like white-collar crime, which has taken on urgent importance in recent weeks because of the nation’s economic woes.

28 Comments

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Steve
Posted by Steve
October 28, 2008 7:49 PM

Is it illegal for loan mod company to charge a borrower for the loan modification in California?

Richard
Posted by Richard
October 28, 2008 9:56 PM

Great article, Thanks...

J Peterson
Posted by J Peterson
October 29, 2008 7:48 AM

There are reputable companies and law firms which are offering legitimate loan modification services to Homeowners. I agree that many are charging fees upfront for services which are less than advertised, and that should be stopped. However, my company only charges a small enrollment fee for our services, and no loan modification fees unless we are successful. Homeowners should still have the right to pay for professional assistance with getting their loan modified if that is their choice. Many times the free counseling services are backed up or slow, and homeowners would like a faster response. Hopefully, there is a way to punish those companies which are fradulent without eliminating entirely a Homeowner's right to receive assistance from a private agency. There are even many Christian based companies, such as mine, which are hoping to provide a needed service for homeowners in distress. In MD for example, there are many Homeowners who are now not receiving assistance from loan modification companies because of recent state laws passed to curb fraud. Even those who may have been legitimately helped by those services.

Lisa
Posted by Lisa
November 02, 2008 9:53 PM

Most if not all mortgage servicers have loss mitigation departments which will modify your loan at no charge. It may not be illegal in all states but there is no purpose to paying a company to do something you can do for yourself for free. I know from experience they do not expidite the process - in fact in some cases they can prolong the process.

jane leon
Posted by jane leon
November 05, 2008 7:44 PM

could you please assist me in which way to go here in tucson, az. dont have extra monies for fees, please give me some direction

Gmo
Posted by Gmo
November 06, 2008 7:59 PM

I work in the loss mitigation department of a servicer owned by very big and one of the last standing banks in the us. I can tell you folks the same thing I tell my customers.."Dont pay to get a loan MOD" you can do it all yourself. you just have to be patient and know that you will spend some time on the phone with your servicer. Typically a servicer will not approve a loan MOD if based on your financial situation you will not be able to afford your payment.

Ex:

Yor monthly income is 3200.00
your monthly expenses with your mortgage are 4500.00 You are negative -1300.00 a month.

Yor mortgage pmnt is 2666.00 on a 400000.00 loan at 8% I/O

Lets say you qulify for a 5% modified rate.. then your I/O pmnt will be 1666.00...with this now your monthly expenses are 3500.00 which means you are still negative 300.00 a month. You will likely not qualify for a MOD because you are still negative .


The lender assumes you will fall behind again and be in the same situation soon. The lender thinks that they will only delay the inevitable which is foeclosure.

Pam Russell
Posted by Pam Russell
November 07, 2008 3:12 AM

Can you tell me about a company called Famil Tree Loan Mod located at 2121 Towne Center Place #310?

Pam Russell
Posted by Pam Russell
November 07, 2008 3:12 AM

Can you tell me about a company called Famil Tree Loan Mod located at 2121 Towne Center Place #310?

JMB
Posted by JMB
November 14, 2008 8:54 PM

URGENT **** URGENT **** URGENT ***** URGENT

THERE ARE ONLY 14 MORTGAGE COMPANIES LICENSED TO TAKE AN ADVANCE FEE!!!! GO TO More ... TYPE IN LOAN MODIFICATIONS IN THE SEARCH MENU.

AN ATTORNEY IS THE ONLY ONE WHO CAN CHARGE AN UPFRONT FEE UNLESS THE COMPANY HAS RECEIVED AUTHORIZATION FROM THE DRE.

NEVER ALLOW ANYONE TO ITIMIDATE YOU. THESE ARE THE SAME PEOPLE THAT HAVE RUN THE SWEAT SHOPS THAT PUT YOU IN THOSE LOANS. BEWARE!!!

NEVER PAY ANYONE IF YOU HAVE A NOD FILED OR YOU ARE IN FORECLOSURE. IT IS UNLAWFUL FOR ANYONE TO ACCEPT AN UPFRONT FEE IF YOU ARE IN FORECLOSURE OR HAVE AN NOD FILED. PERIOD!!! NOT EVEN AN ATTORNEY CAN.

JMB
Posted by JMB
November 14, 2008 8:59 PM

AGAIN.........

I DON'T CARE WHAT SOMEONE IS TELLING YOU, CHRISTIAN, BUDIST, GETTING RESULTS OR NOT....
..........
.............IT IS ILLEGAL FOR ANYONE AND I MEAN ANYONE TO CHARGE YOU FOR A LOAN MODIFICATION UNLESS THEY HAVE PERMISSION FROM THE DRE.

THEY ARE PROSSECUTING COMPANIES FOR THIS ACTION.

Attorney
Posted by Attorney
November 15, 2008 8:19 AM

Actually,

An attorney can represent you and except payment after an NOD or NOS is filed. However, you are correct, no other businesses can collect money from a person in foreclosure.

Joe
Posted by Joe
November 17, 2008 12:30 PM

I have personally seen attorneys jumping on the band wagon and really doing a number on these poor home owners. I know of several law firms that advertise heavily via the internet, direct mail, and radio that are charging $3500 - $5000 up front for foreclosure defense, and loan mods with absolutely no guarantee of anything! Some attorneys are jumping out of criminal work and other areas of the law to the lucrative real estate market They have no more experience doing a loan mod than the clients they represent I feel a lot of attorneys are just as bad if not worse than the con artists that take your money and run. The only difference is that they have a law license that makes it ok to legally rob the public. Who is going to fight with an attorney? Most of the general public is genuinely intimidated by attorneys. I really think they should be investigated.

Danny Hecht
Posted by Danny Hecht
November 17, 2008 5:40 PM

I have been looking into a loan Mod for a week or so ... has anyone ever dealt with a company that call them selves Federal Loan Modifications, they are offering to help my wife and four kids but I'm not sure.. thet want 3000.00 and say they can help ? What to do, can any one help???????

Angelica
Posted by Angelica
November 17, 2008 8:50 PM

I have information on Family tree loan mod Pam,feel free to e mail me any questions.
aml@bh-l.com.
thanks

Magda Lopez
Posted by Magda Lopez
November 18, 2008 8:28 PM

I have also called a company names FEDERAL LOAN MODICATION. I was told they are a group of Real Estate Attorneys helping people. It sounds great but the catch is $3995 fee up front! Are thy for real?? 1-877-394-6873. VERY NICE lady I spoke with but it sounded to good to be true. JUST CAN'T see myself paying and someone for this type of help

Beau
Posted by Beau
November 19, 2008 1:25 PM

I work in Customer Service for Federal Loan Modification, and I can tell you first hand, we are one of the few legitimate modification companies negotiating loan modifications nationwide. We have a large number of attorneys, working in the Federal Loan Modification Law Center, who represent our clients in the negotiations with their lender.
Our goal is to help homeowners who are currently behind or struggling with their mortgages. We accomplish this by presenting the lender with a multisided case showing the need for modification, and negotiating directly with them to alter the terms of the loan. The goal is to lower the payment and rate, and fix it for the remainder of the term. We also pursue principal reductions if the borrower owes more than the home is worth. We do not stop our negotiations until we receive an offer that is affordable for the client. We do guarantee our services, meaning that if we cannot accomplish a modification, we refund all but $995. Due to this guarantee, we only take on the strongest cases and the most severe hardships.
It is true that often borrowers are able to modify their loans themselves, but there are a number of reasons to hire a company like ours. First of all, you only get one shot at modification, and we will get the best possible result. Our professional negotiators get more significant modifications than you or I could on our own. Secondly, most lenders have guidelines for modifications, and we are often able to negotiate past these, to accomplish results like principal reductions, or settling second mortgages. Further, if the homeowner is currently behind we can often eliminate late fees and set up a forbearance agreement to get current, without having to pay a lump sum up front. Finally, if the homeowner is in foreclosure, our initial contact typically prevents a date of sale from being set and halts the foreclosure proceedings for the course of the modification.

There are many fraudulent modification companies out there and it is wise to be wary when attempting a modification. Warning signs of non-legitimate companies are: a lack of a guarantee, no contract or legally binding agreement, no address or real location, no attorneys/not a law firm, just a mortgage company/loan officer, trying to hide anything from the client what-so-ever.

ML
Posted by ML
November 19, 2008 4:06 PM

This last comment is very well explained. However, we are living hard times and I for one will have a very difficult time BELIEVING that anyone can actually HELP save our homes. There is always a catch. If modifying a loan is costing an up front fee, then were is the assistance. If we had the fee to pay up front. If I had the fee to pay for the loan mod, I would use it to pay my late payments instead. It doesn't make sense to pay up front and this "money back guarantee" so what your still keeping almost $1000! AND who knows how long it will take for the reimbursment.MY advice to all people in danger of loosing our homes, lets be patient and hope that a bill passes to provide some bonafide relief for all! Good things do come to those who wait...and the Bible says ask and it shall be given; seek and you will find. WE WILL FIND A SOLUTION.

ML
Posted by ML
November 19, 2008 4:09 PM

OOPS my apologies for the typos. But i think the point is clear.

kent Barker
Posted by kent Barker
November 19, 2008 8:23 PM

If I were you I would first contact your current lender and ask them to help you with doing the loan mod directly. I have done this and my lender has been great to work with, and best part is no cost. Hope this help...

david lap
Posted by david lap
November 20, 2008 1:44 AM

I have a relitive who recently paroled works for federal loan modifacation ,Do you want a convicted fellon taking your personal informationthese people are praying on the down and out.How reputable can they be if the hire fellons to work with you

michael downs
Posted by michael downs
November 21, 2008 6:17 AM

I am so glad to be reading what FlM is all about.I do not want my personal information given to just anyone,and money up front scares me we are already behind and facing forcloser and eviction.Sounds to me to be to good be true,and the whole felon hireing thing scares me .Alot can be said about a company from the type of people they hire.It sounds like crooks hireing crooks which has to be a scam.Tommorow i will take it upon myself to negotiate with my bank on my own.I dont need to be scammed in my familys hour of need.There is a special place in hell for those who prey on those in need.

David
Posted by David
November 21, 2008 4:40 PM

By Law you can provide a service to assist any strugling homeowner that includes Loan Mod Short Sale ext... You can charge them for your services, if the job is complete. YOU CANNOT CHARGE AN UPFRONT FEE!!!!!

Tammy
Posted by Tammy
November 25, 2008 2:38 PM

does anyone have any info about Rodis Law firm?

Howie
Posted by Howie
November 25, 2008 6:50 PM

I had a law firm called me and said I may be eligible for a loan modification. I went to the their office and went over my income and expenses. They said I have a case and I have to pay $2500 up front. I told them, if you are confident about the case, then get it approved from the lender, then I will pay the fee later. If not, I am not paying anything up front. They said the fee is to pay for the people that doing the paper works that why they have to collect up front. They said they are 90% sure that they can get my loan modified. I asked what about the other 10%. They said, that's still up to the lender's final say. I was so mad for wasting my time with these people. I told them, you guys are lawyers and can't even assure me 100%, then how do I know if you guys collect the $2500 and run away. They called me again a day later and said, they have discussed the case with other lawyers and willing to reduce the up front free to $1500. I said no no and no. I told to call me back when I see the lender approval and then I will write you a check. After that, never heard back from them again. NEVER pay anything up front. If they think they have a case, they will do it and collect the money later, if not, they will run away with the money.

Jake
Posted by Jake
November 25, 2008 11:11 PM

Does anyone have any info on AFS (A Fresh Start) Loan Modifications with attorney Micheal Yellin in Redondo Beach, CA.

tabatha
Posted by tabatha
November 27, 2008 8:54 AM

I have also talked to FLM. They told me the cost was $3500 up front. I checked into the Better Business Bureau--they have an F rating. Not a company I am interested in paying $3500 up front to. What about YOU??? An F--check it out yourself. I say that if the mortgage company doesn't want to re-evaluate my home and give me a fixed instead of this adjustable--they can have the house back.. I don't want to loose my home but I'll be damned if I'll pay a 9% adjustable and
be upside down on it by the $75,000 that it has dropped. I think we are all in agreeance on this otherwise we wouldn't be posting.

Tammy
Posted by Tammy
March 31, 2009 2:32 PM

Federal Loan Modification Law Center!!! A friend of mine gave them $3,500 up front to help him--which was in DECEMBER!!! He still hasn't heard from them regarding if he was approved or not!! The foreclosure process has started! PLEASE DON'T believe the comments above about how they are helping homeowners!!! YEAH--helping homeowners lose their homes---that's about it!!!! My friend was current on his mortgage payments when he called them. They told him to stop paying so now his house is in the foreclosure process!! Thanks for the help....Federal Loan Mod Law Center!! How do you sleep at night??????

dennis
Posted by dennis
April 02, 2009 4:38 AM

what about raymond, louis and fitch (rlf)? they are out of jacksonville, fl and say they can help and are successful in negitiating a modification. please help me find a legitimate firm to assist me get a modification.

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