Scams rise along with foreclosures

Q: We are facing foreclosure, and have been notified by the lender that a foreclosure sale will be held about three months from now. Since we received the bank’s notification, we have been flooded with letters and fliers from companies and individual investors who say they can save us from being foreclosed upon, either by negotiating directly with the lender on our behalf or by purchasing our home themselves. Are these offers legitimate?

A: Some are, but many others are not. The foreclosure crisis has created a whole new group of con artists who are preying on financially troubled homeowners desperate to keep their homes. The problem has become so severe that I’m devoting this entire column to helping readers spot potential scams.

According to the Federal Trade Commission, these so-called foreclosure rescue firms often lure distressed homeowners into their trap by using straightforward messages such as, “We guarantee to stop your foreclosure” or simply “Stop foreclosure now!” Once they have your attention, they can employ a variety of tactics to rob you of what little money or equity you may have left – oftentimes leaving you even worse off than before, because the lender may still be able to sue you for its losses even after the property is sold.

How do these companies even know that I’m in foreclosure? How did they get my name and address?

It’s easy to get such information, because lenders must usually file a notice of default or similar document with the local government before they legally can begin foreclosure proceedings. The default notice must include the name of the borrower, the address of the property and sometimes the amount of the loan or other detailed information.

Such filings automatically become a matter of public record, available for everyone (including scamsters) to see.

How can I avoid getting ripped off?

First, talk directly to your current mortgage lender as quickly as possible. Banks don’t like to foreclose, and recent government actions have encouraged them to work even harder to help keep people in their homes.

One of the better books I’ve seen on fighting foreclosure is “Foreclosure Self-Defense for Dummies,” part of the best-selling “Dummies” line of books. It retails for $19.95 and is available at most bookstores and at dummies.com.

Also get a copy of the FTC’s free booklet “Mortgage Payments Sending You Reeling? Here’s What to Do.” You can download a copy from the agency’s Web site (ftc.gov) or mail your request to the Federal Trade Commission, Consumer Response Center, 600 Pennsylvania Ave. NW, Washington, D.C. 20580.