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Article:
Attention Home Owners Facing Foreclosures:
Foreclosure Rescue Scams on the Rise Nationwide
Are the usual suspects returning to mortgage-related
scams as a result of the subprime lending fallout? Does the practice
of illegal "foreclosure rescue" operations extend even into the
second-home market?
It always seems that when a large group of consumers are in trouble
with their home finances, bad guys are around to help the
unsuspecting homeowner dig their hole a little deeper. The latest
attempt at the age-old practice of equity skimming is foreclosure
rescue where scammers peruse county records to find properties that
are facing foreclosure for nonpayment of mortgages or taxes.
"Foreclosure rescue scams have overtaken illegal property flipping
as the most common scam; however, illegal property flipping is still
a problem," said Rebecca Jacobsen, Washington state assistant
attorney general.
Recently, the attorney general's office settled a foreclosure rescue
case against three Washington-based businesses and their owners
accused of taking unfair advantage of homeowners facing foreclosure.
Unlike consumers who had fallen behind on their mortgages, these
homeowners were targeted because they were in arrears on their
property taxes.
"They (the defendants) told property owners that they would solve
their foreclosure problems," said Rob McKenna, Washington state
attorney general. "But often, their real intent was to let the
property go to auction and take any excess proceeds from the sale --
money that would have gone to the property owner if the defendants
hadn't 'helped' them."
Under the settlement reached and filed in King County Superior
Court, Tacoma, Wash.-based Fiscal Dynamics Inc. and Cumulative LLC,
along with Seattle-based Northwest Assets, denied the state's
allegations but agreed to pay a total of $290,000 in consumer
restitution. Two individuals -- Walt Scamehorn, who owns Fiscal
Dynamics and Cumulative, and E. Arliss Morgan, who owns Northwest
Assets -- also denied the allegations but agreed to the settlement
terms.
The money will be used to provide refunds to consumers who would
have received proceeds from the sales of their homes or land had the
defendants not diverted the proceeds for their own use. Based on
current information, more than 100 consumers may be entitled to
receive restitution.
Foreclosure rescue scams have made national news the past month in
Massachusetts, Colorado and New Jersey.
According to the Massachusetts Attorney General's office, the
defendants in its case not only obtained the title to the
homeowners' residences but also stripped most of the homes' equity
though inflated mortgages, false fees for fictitious services and
false certifications by closing attorneys. In certain cases, the
defendants resold the homes amongst themselves, thereby extracting
any remaining equity.
While some second homes in Colorado have been selling at a
significant loss, rescue scams typically strike only single-property
owners.
"Many times people who have second homes are more sophisticated and
understand that foreclosure rescue operators are offering something
too good to be true," Jacobsen said. "The typical target that we are
seeing are people with no other assets who really are in a desperate
situation."
Tom DiMercurio, a veteran of 37 years in the foreclosure business,
agrees with Jacobsen about the second-home market.
"Some of the wealthy people in this country are looking at the $2
million vacation house they visit two or three times a year,"
DiMercurio said. "Many have put them on the market and will not get
out of them what they put into them, but they don't draw the rescue
plans you are talking about.
"Obviously, the very rich never worry about anything, but there were
instant millionaires a couple of years ago who paid cash for
expensive homes who now wished they hadn't."
According to Jacobsen, consumers who think they are being scammed
should not sign anything until they get the documents looked at by a
neutral party. They should contact the Consumer Protection Division
of the Attorney General's Office or their lender for suggestions on
who would be an appropriate neutral party to review the documents.
If someone offers to bail you out, do your best to make sure they
aren't simply tossing more water into your sinking boat. Law
enforcement officials believe most of the people offering the help
are out to help you sink.
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