Foreclosure Rescue Scams and Mortgage Fraud Keep Rising

The Financial Crimes Enforcement Network (FinCEN), a division of the U.S. Treasury, has issued a new study showing that mortgage fraud in America is up once again, particularly foreclosure rescue schemes.

Officials from FinCEN, as the division is known, say that loan modification con-men or shady foreclosure specialists most often engaged in two common types of fraud:

• Conning homeowners into quit-claiming the deeds to their properties and then selling the houses from underneath the rightful owners; and
• Scamming struggling homeowners into paying upfront for high-priced loan modification services, but then failing to do anything for homeowners.

According to FinCEN, mortgage loan fraud jumped by 7.5% in the third quarter of 2009, compared with the same period in 2008. All told, there were 15,697 reported cases of mortgage loan fraud from July through September 2009, based on FinCEN's tracking of such data.

Industry Insiders Take Part in Scams Too

The report also revealed some interesting findings about where fraudulent activity is taking place most often, who is involved, and exactly what kind of shenanigans are going on. In particular:

• California and Florida had 42% of the mortgage loan fraud and "suspicious activity," but states like New York, Arizona, Texas. Illinois and Georgia also ranked among the top regions reporting home-related fraud cases.

• The individuals or "subjects" involved often involve "industry insiders," such as loan officers, underwriters and purported loan modification agents. That means that professional officers of the mortgage profession have been found to be scamming lenders or homeowners struggling to stop imminent foreclosures.

• On the flip side, other people are exploiting the chaotic atmosphere of the foreclosure crisis to scam legitimate lenders who are trying to help either would-be homeowners or existing homeowners facing foreclosure. This type of fraud detected ranged from people lying about living in a home, to fake Social Security numbers being used, to instances of forged or altered documentation.

For the full February 2010 Mortgage Loan Fraud Update issued by the Financial Crimes Enforcement Network, click here.

Free Help is Available


This latest report should be a wake-up call to cash-strapped homeowners everywhere: stay away from wolves in sheep's clothing who come knocking on your door promising for a hefty fee to help you "fix" your impending foreclosure problem. Get free help from your lender, the federal government (http://MakingHomeAffordable.gov), or from legitimate non-profits and HUD-certified housing counselors, such as the National Foundation for Debt Management (http://www.nfdm.org).

Options for Homeowners Who Can't Get Full Loan Modifications

Moreover, as I explained in my book Your First Home: The Smart Way to Get It and Keep It, even if a full loan modification is not possible for any reason, your bank may be willing to discuss these three other options:

• Repayment Plans
Some of you might not have missed any payments yet, but maybe you're experiencing a cash crunch and your mortgage is making you feel financially squeezed. In this instance, you can ask your lender for a repayment plan that would allow you to make most – but not all – of your normal monthly payment. The amount of money you don't pay can be tacked on to the end of your mortgage. Alternatively, if you are facing a short-term financial issue which will soon pass, you can ask your lender to let you pay off the past due amount little by little, tacking extra payments onto future regular payments.

• Reinstatements
For those of you who've missed one or two payments, and now have the money (or will soon have the cash) to bring your account current, a reinstatement may do the trick. With a reinstatement, your lender will let you pay off what you owe over an agreed-upon time frame. You might have to pay late fees and penalties, or your lender might waive those charges.

• Forbearance
Lenders often use forbearance as a method of helping delinquent borrowers who are behind on their mortgages. Forbearance allows you to pay your arrears, or past due amount, at a later point in time. Whatever is overdue can be paid off in a variety of ways, over a period of many months or perhaps at the end of your mortgage term, when you sell or refinance your home loan. Sometimes, forbearance agreements even allow you to skip payments altogether or reduce the payment you must make for a set number of months.

Whatever you do, don't fall victim to the rising tide of foreclosure scams going on all across the country.



Lynnette Khalfani-Cox, an award-winning financial news journalist and former Wall Street Journal reporter for CNBC, has also been featured in top newspapers including the Washington Post, USA Today, and the New York Times, as well as magazines ranging from Essence and Redbook to Black Enterprise and Smart Money. Check out her personal finance community site, and ask Lynnette a question at: http://askthemoneycoach.com/

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