Avoid Walk Away Scams!
By Bob on Mar 8, 2010 in Avoid Foreclosure, Short Sales And Foreclosures | 0 Comments
One of the worst things about any crisis is the way shysters manage to take advantage of people in trouble. With smooth sales pitches law firms are lining up willing to take even more money from people already suffering under the burden of mortgages they cannot pay. This last week 2 of these schemes ended up in my e-mail in-box. These scams are not new. They are just new versions of old schemes. Time magazine ran an article back in 2008 about walk away scams.But these things have been around for much longer. Beware if you hear terms like ‘Strategic Foreclosure’ and Walk Away Plan.
The first scam is courtesy of a law firm supposedly out of Seattle Washington. They first asked me about a short sale listing I have on the MLS. Next they invited me to become an “affiliate”. I listened to their online spiel and it didn’t take long for the red flags to start popping out. They claim to offer a unique foreclosure prevention solution. Their solution is not unique and it does not prevent foreclosure.
They simply ask you to assign your house to their company. You sign a contract and walk away leaving this shyster law firm to take care of your contractual obligation to your lender. There is nothing unique about assignment. Scam artists have been doing this for decades. Assignment does not get rid of your obligation to your lender! Mortgage contracts do not allow for assignment. Once you assign a mortgage, you are immediately in violation of the due on sale clause contained in every mortgage contract. Assigning your home to anyone is a sure way to insure maximum credit pain. The most likely outcome is bank will ignore the assignment and foreclose. If you are lucky the firm will do a short sale and flip leaving with only a hefty deficiency judgment. This outfit is so brazen the even use a .org address usually reserved for non-profit organizations. They call themselves walkawaytoday.org.
The next scam to hit my in box was in the form of an online walk away calculator sent to me by a friend. This scam has taken advantage of the new catch phrase ‘strategic default.’ Besides the handy dandy calculator they have a page dedicated to educating you about scams. They put together a good list of things to watch out from scan artists.
One warning I found ironic was, “*It is likely a foreclosure scam if you are being asked to pay money up front to negotiate a loan modification on your behalf if the company is not a law firm or a DRE approved Real Estate Broker.” Then they proceed to convince you to send them $995 for a ‘The Personalized Plan’
Please! Please! Never pay upfront fees!
I read through the list of promises in the “Personalized Plan.” For the most part the promises list is made up of simple things you should be able to do on your own. The more difficult items can be done for you for FREE by experience and certified counselors at non-profit organizations.
Another of their scam warnings says, “***It is likely a foreclosure scam if someone says they can cancel your mortgage all together and stop foreclosure due to an error in your loan documents. “ But then they advertize another service called Foreclosure ok. The advertisement states, “We may be able to help you get the financing you need to buy a new home, even 1 day after foreclosure.” Are they kidding? This is a blatant credit repair scam.
Here’s the scary part. On their website you find logos of over 2 dozen news organizations that supposedly ‘feature’ You Walk Away. The “Time” article specifically featured them as a rip off, because a non-profit center could do the same work for free. They also fail to mention that the State of California has filed a class action law suit against them. I couldn’t find anyone who actually endorsed their program. But they do manage to get their strategic default message into the news.
What are the proper steps to take if you are in trouble with your mortgage?
First, stay in touch with your lender.
Next, find a certified counselor at a nonprofit organization. In Minnesota contact the Minnesota Home Ownership center.
Click on the link or call 651-659-9336 or toll free 866-462-6466.
After working with a counselor, if you are still faced with losing your home a short sale will allow you to repair your credit in the shortest period of time. Contact a Realtor with an experienced short sale team. A team that includes an attorney for legal advice with no upfront fees is a big plus.
Your last alternative should be a cash for keys walk away. The government actually has a new program pressuring lenders with an incentive to do a deed in lieu of foreclosure. The program is called HAFA. You don’t need a lawyer for this!!
Questions on Short Sales
If you have questions take action. Call me or use the form below and someone will contact you.
The Minnesota Real Estate Team has several experienced short sale agents and we have an attorney to help navigate the legal complexities of short sale negotiation. We charge no upfront fees. All attorney and Realtor fees are paid at closing from the proceeds of the sale.
mbers reflect a drop from the spike we saw in December. Overall the trend is still down from the peak seen in July of 2009. So far we see stabilizing prices and less foreclosure activity. Foreclosure activity also includes Preforeclosure and defaults. So where’s the “Shadow?” So far it appears to be more hype than reality.

