Fraud targets struggling home sellers

The housing market’s downturn has given rise to a new type of scam, in which con artists try to steal what little cash financially troubled homeowners still have left.

Q: I lost my job several months ago and haven’t been able to find a new one. I used my savings to make my mortgage payments until January, but then the money ran out and the bank sent me a default notice in February. Last week, I received a phone call from a “foreclosure-rescue” company that says it can negotiate with my bank to redo my loan and prevent foreclosure if I immediately send the company $1,500 for its services. I don’t have that much cash, but I could probably borrow the money from my friends or relatives. Are these types of companies legitimate?

A: Some foreclosure-rescue companies are legit, but many others are not.

It’s sad, but the rising number of foreclosures across the nation has created a new group of scammers who aim to trick financially troubled homeowners out of what little money – or home equity – the homeowners have left.

Banks are usually required to file default and foreclosure notices with a local court or the county clerk’s office. Such filings quickly become part of the “public record” that everyone can view, including con artists who are searching for new prey.

Federal and state prosecutors say that the typical scam begins with a phone call or letter from a rescue company that offers to help borrowers avoid foreclosure by negotiating with their lender for a fee that often ranges from $1,000 to $3,000.

Sometimes, the firm even offers to lend them money to become current on their mortgage. But the promised help never materializes, and the home is foreclosed anyway.

Even legitimate foreclosure-rescue services can’t do anything for you that you cannot do for yourself. Call your lender immediately and explain why you are behind on your payments. The lender might be willing to temporarily reduce or even suspend your monthly mortgage obligations until you regain your financial footing.

If your problems have been exacerbated because you have a subprime loan with a soaring rate, you might be eligible for the nationwide rate-freeze program that was recently approved by President Bush, or you might qualify for lower payments by refinancing through one of the Federal Housing Administration’s revamped loan programs.

Also, contact the federally approved Hope Now Alliance, a group comprised of homeowner-counseling agencies, banks and other financial institutions. You can call toll-free at 888-995-4673, or visit its Web site at www.hopenow.com.

The site provides basic information about the program, as well as links to other reputable groups that can help.

Good luck. I hope that your financial situation will improve soon.

Does filing a claim for unemployment benefits hurt a consumer’s credit rating?

No. Credit reports show only credit- and debt-related information. They do not show information regarding the filing of a claim to receive jobless benefits.

Of course, if losing your job would eventually result in falling behind on your bills, your credit score would certainly decline – but the act of filing for the benefits itself won’t hurt your rating.

I procrastinate a lot, especially when it comes to completing my annual income-tax return. I didn’t even file a return last year, because all of the deductions I was able to take for mortgage- and property-tax payments entitled me to a refund of about $1,200. Isn’t it true that taxpayers have an unlimited amount of time to file a return if the IRS owes them money for the year in question?

No, it’s not true. If you’re owed a refund, you generally have only three years from the date that the return was due in order to claim it. The Internal Revenue Service usually can keep the money it owes if you don’t file a completed return within the three-year limit.

We’re talking about a lot of cash here. Just a few months ago, the IRS said it was holding about $2.2 billion in refunds for 1.8 million homeowners and other taxpayers who didn’t file a return for 2003: Most of that money has now reverted to the Treasury and can never be reclaimed, because the prospective recipients did not file by last year’s April 15 deadline.