HOMEOWNERS BEWARE: Mortgage Rescue Schemes

We keep seeing more people who fall victim to these clever schemes.  Some of the victims are convinced that it is all good, right up to the moment when they lose everything.

Scheme: Lease-Buyback

Foreclosure_Rescue_Ad

Lease-Buyback Schemes

A Classic and Widespread Scheme

 

 

Photo: Wikipedia, the free encyclopedia

A lease-buyback scheme starts with an offer where the owner can turn the lease over to another, with an option to buy it back later. The owner is promised to be able to rent the property back, which will be counted toward an eventual buyback. These will almost certainly end in the loss of the property, or considerable additional cost - The rental prices maybe made so high that the original owner cannot afford to continue paying and/or the buyback price maybe set far above the fair market value of the property.

Read more: Scheme: Lease-Buyback

 

Schemes: Equity Stripping

stop-foreclosure-sign

 

Equity Stripping

Another Common Rescue Scheme

 


Photo: The Blog that Ate Miami

 Equity stripping or equity skimming is a variation on lease-buyback and is one of the most common types of foreclosure rescue schemes.  In it, the perpetrator assumes ownership of the house while allowing the former owner to continue living there, provided that he or she pays rent to the perpetrator, who is the new owner. The perpetrator often claims this ownership is temporary, and the victim will later reassume ownership of the home once the terms of the loan are renegotiated. But after taking over the deed to the house, the perpetrator cashes out all the equity in the home. The perpetrator also collects money from the victim by charging rent to the victim for living in the house while not owning it.

The final result is always the same: eviction from the house, with zero equity paired with greater financial loss to the victim. The perpetrator, who then has ownership of the home, will either sell the property or allow it to go into foreclosure.

   

Schemes: Land Trusts

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Land Trusts
as Mortgage Rescue Schemes

 

Meetings of the Sovereign People’s Court
for the United States of America were
held in this back room of a printing
business until the FBI raided it.
Photo by Jeff German

There are groups around the country (and here in Florida), that are selling homeowners a scheme designed to “save” their houses from foreclosure.  It revolves around using what they describe as a “Land Patent.”  They use language from ancient court cases such as “the Land Patent is the only form of perfect title to land available in the United States...”   Their ultimate claim is that land, under a Land Patent “cannot be taken for debt or taxes.”  Sounds great, doesn’t it?

Read more: Schemes: Land Trusts

   

Schemes: Mass Joinder Lawsuits

 6a00d8341c630a53ef014e8abd02c1970d-800wi Mass Joinder Lawsuits
as Foreclosure Rescue Schemes

 



California Atty. Gen. Kamala Harris, shown in May.
Credit: Los Angeles Times / Mel Melcon

California authorities have sued a group of lawyers and their associates, accusing them of fraudulently taking millions of dollars from thousands of homeowners by deceiving them into thinking they would receive relief on their troubled home loans.

Read more: Schemes: Mass Joinder Lawsuits

   

Schemes: Consulting Service Scheme

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The Consulting Service Scheme


 

 

Photo: www.indonesiamedia.com

A firm may offer to act as an agent to renegotiate the terms of a loan with the lender, in return for a fee.  The Florida Mortgage Rescue Law forbids such firms from accepting a fee up front, so that is the first sign that you are working with someone dishonest.

Read more: Schemes: Consulting Service Scheme

   

Schemes: Sovereign Citizen

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"Sovereign Citizen" Ploy
doesn't save Homes from Foreclosure

 

 

Photo: Jacob-Franz: Dyck

By Jodie Tillman, Alexandra Zayas and John Martin
St. Petersburg Times Staff Writers
Sunday, August 21, 2011

He considers himself a "sovereign citizen," above the laws of government and, apparently, the rules of grammar. He punctuates his name Jacob-Franz: Dyck.

Read more: Schemes: Sovereign Citizen

   


As if the misbehavior of Wall Street and the Too-Big-To-Fail Bankers hasn't hurt the American middle class badly enough, we also have lots of "little guy" crooks running around trying to capitalize on people's fear, in order to get them to throw their hard-earned money at whacky ideas which will NOT really keep them in their homes.

This is a place to list such schemes as they rear their ugly heads, to help warn the public away from these fraudsters.

Generally speakiing, Mortgage Rescue Schemes are scams that target those whose home is facing potential foreclosure.  The scheme prays on desperate homeowners who are struggling with, or behind in their mortgage payments.  These schemes cause difference kinds of harm to the homeowners, but it usually involves the owner ultimately being forced out of their homes, and losing even more money.

The irony is, most of the people who are tempted by these scams could likely have held on to their homes if they had just consulted an attorney experienced in the defense of mortgage foreclosures.

Florida has enacted a Foreclosure Rescue Scheme statute, with tough penalties for those who prey on the fear of homeowners, and fines up to $15,000 per violation.

Contact Us Today

Contact us today and receive a free consultation for any of our real estate, foreclosure defense, personal injury and civil litigation services.

Anderson & Brodersen, P.A.

7116 Gulf Boulevard, Suite D

St. Pete Beach, Florida  33706

(727) 363-6100

(727) 363-6116 fax

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Patricia Fields Anderson, Esq.

Pat has represented clients in Pinellas County Courts since 1982, and has taken a special interest in real estate law and the defense of mortgage foreclosure cases.

AV rated by her peers, Pat is licensed to practice before all Florida courts, the Federal Court for the Middle District of Florida, and the United States Supreme Court.

Thomas A. Brodersen, Esq.

Tom has extensive industry experience in real estate law, brokerage, and mortgages.  He urges you to consult a real estate attorney early in the process, before you sign a listing or sale contract, as decisions made in these early stages can profoundly affect your rights throughout the process of buying and selling, and, once made, can seldom be reversed.