Monday, September 22, 2008

MILLIONS AT RISK OF FORECLOSURE FRAUD


Good Monday Morning! There are serious problems in our economy that need to be addressed, besides the bail-out of the "babies" on Wall Street. I was just reading a story that all homeowners who are facing late payments or even foreclosure should read. I rent currently, but hope to own a home someday, and I feel some empathy for many average people who are in trouble financially, and who often get taken advantage of by people "offering" to help them with their financial situation, and end up making things worse!
The story below was at Red Tape Chronicles-MSNBC by Bob Sullivan and is about foreclosure fraud being perpetrated all over the nation by slick scam artists:
Angela Carter's family has lived for 46 years in the same small two-story home in Chicago, perhaps a 15-minute ride from Barack Obama's adopted Hyde Park neighborhood. But today a piece of paper says someone else owns the property, and a judge will soon decide if Carter and her mom get to stay in her home. The reason Carter, 55, is facing eviction, she says, is that she fell for a high-stakes scam that’s sweeping the nation, preying on the 1 in 11 consumers who are either behind on their mortgage payments or already in foreclosure. Interviews with legal aid offices and law enforcement officials around the nation indicate the problem of so-called “foreclosure rescue scams” has spread like wildfire, neatly paralleling the downturn in the mortgage market.

The problem is so bad that in Portland, Ore., local police now automatically send a letter to homeowners who enter foreclosure warning them that they will be inundated with shady offers of help. In one case in Maryland, a single firm is accused of bilking hundreds of residents out of their homes and stealing $60 million in equity. Similar large-scale scams are happening elsewhere; in fact, foreclosure fraud is so common that it's exacerbating the nationwide housing slump, adding to the ranks of distressed homes that pull down the housing market in general, according to some experts. There are many variations on the scams, but they all boil down to two types. There’s a simple fee-based racket, in which the criminal offers to help the homeowner stave off foreclosure, collects an up-front fee and then disappears. But the more lucrative scheme involves seducing homeowners into complicated transactions that allow the middlemen to steal equity in the house or walk away from the closing table after netting thousands in phony payouts.

How serious is the problem? The proliferation of roadside signs with entreaties like “We buy houses” and late night infomercials promising easy real estate riches offers a clue. "There is a booming business in selling information on foreclosures,” said Melissa Huelsman, a Seattle-based lawyer who represents victims in predatory lending cases. “There are whole companies that do that and little else. That gives you an idea how big this is.”

Carter -- who might lose her Chicago home -- said she was hit by the worst kind of rescue scam, with her suitor managing to drain nearly $100,000 in equity from her home before she knew what had happened. She said that she fell behind in her mortgage four years ago after losing her job as a clerk for a company that publishes local "yellow pages." As the bank closed in, a company named Second Chance Program offered to help Carter save her home.

Here is Carter’s version of events: After signing a flurry of paperwork, she signed title of the house over to Second Chance, selling her house for $140,000 with the understanding that she would pay the firm rent and could repurchase the house a year later for $180,000. But almost immediately after signing the deal, Carter said, Second Chance took out a second loan on the property based on her untapped equity and pocketed close to $100,000 -- a common scheme called "equity skimming." “I had no idea what the building was worth,” she said. “And I had no idea they were buying my house. All along I thought they were giving me a loan.”
Two years later, Second Chance sent Carter an eviction notice. With the help of Chicago's nonprofit Home Ownership Preservation Project, she was able to temporarily block the eviction. Now, the two parties are fighting in state court about who holds the rights to the home. Earlier this month, Carter spent a week in court pleading her case. Now she faces a long wait to find out if she'll get to keep her house and what will happen to the $100,000 in equity her family earned from living there for nearly five decades.
"I have no idea how it's going to turn out," she said. "It's like living with a question mark over your head.”
Carter faces a formidable legal opponent. Second Chance is owned by J.T. Foxx, a self-proclaimed real estate investment guru whose motto is "Get Rich or Die Broke." Foxx hosted a Chicago radio talk show every weekend where he offered investment advice.
Foxx did not reply to messages left with his attorney, Bill Sullivan. An operator who answered the phone at Second Chance’s offices said, “They (Second Chance) aren’t with us anymore.” E-mails sent to the address at Foxx’s Web site were undeliverable.
Dan Lindsey, who represents Carter, said the rapid rise and fall of the housing market created an ideal situation for con artists.
“These people are the perfect target for equity strippers,” he said. “It was a niche market that exploded. It seemed everybody was getting into it. Entire companies were formed to do it.”

link to full story

1 comment:

Anonymous said...

The truth Angela Carter does not want you to know....

In response to the Millions at Risk Foreclosure article

I am sorry you feel this way but you should first consider the source of this story. This story only gave Carter's side of the story and failed to mention that half the things she said in this article were contradicted in court 2 weeks ago. Let me give you the real facts and then you decide if I am wrong

1) The legal assistance foundation who is suing me on this case ironically were the ones representing Mrs. Carter before I came on the scene in 2004 and they never called her back to help her. I helped her, saved her from foreclosure, she did not live up to her obligations and I am now the bad guy.

2) Carter had her OWN ATTORNEY at the closing who explained her the entire transaction. She knew all along what she was doing. In court Carter’s attorney testified that he told Angela Carter what she was getting into and that he explained it to her in detail.

3) Carter admitted in court that she knew before the closing ended that this was going to be a lease option not a mortgage.

4) If Mrs. Carter thought she was getting a mortgage at the closing why did she write 10 checks with the word RENT on it?

5) A loan was never taken to take $100,000 in equity. A loan was taken out to finance the purchase price of 140K. We bought it for 140,000, got a loan 112,000 and her repurchase price was 180,000 or 190,000.

6) Carter was qualified to buy her house back 2 years ago and we were ready to give her the house back but her attorney told her not to do it and sue me instead.

7) We tried everything to help Carter; she was 11 months behind in rent before we filed the eviction. Most landlords would have waited 30 days. What else could we have done? She had every excuse in the book why she could not pay rent. In fact when we bought Carter’s house we gave her 3 months of Rent included so she could get a head start.

8) To this date Carter has not paid rent in almost 3 years, she has gotten free legal services, and it has cost me over 50K. The house has gone down in value by 40K. I am going to lose over 80K in this transaction.

You are a hero when save someone from foreclosure, and then a bad guy when they fail to meet obligations (like pay the rent). I have had many people buy their houses back and move on with their lives but in Ms Carter case SHE failed to meet her promised obligations. The alternative for her is free rent, free legal fees and nothing to lose. I wonder she why sued...

It is ironic that the media only reports the bad stories and never the stories of the people who buy their houses back. That is because it’s not sexy to report good stories. I know I have a radio show. Drama and scamming stories sell.

Here are facts that were not reported

1) My parents lost their house to foreclosure, so I know what it feels like to lose my childhood home

2) I testified on behalf of foreclosure survivors and legitimate real estate investors in the Senate and House of Representative in Springfield

3) My first radio show was called Foreclosure Talk Radio was to educate people in foreclosure and interview many people whom I have helped from their problems. I authored a report called "Foreclosure Survivors Speak Up and a DVD Foreclosure Survivors, their Untold Stories"

4) I have hired to work for me people that I saved from foreclosure; in fact one of them still works for me to this day.

5) Over the last 3 years I am one of the only ones who video tapes the closing when I deal with distressed homeowners because many will lie and do whatever it takes to stay in their homes when they fail to meet their obligations. When you have them on video, there is no going back.

As you can see once you have all the facts this become a different story. I have and will continue to fight for distressed homeowners because there are a lot of good people out there and real estate investors who can help. In life when you are pointing the finger at someone and blaming them there is usually 3 fingers pointing right back at you.

I don't blame Mrs. Carter for not taking responsibility; she has free Press, Free Legal Services and Free Rent. Where do I sign up for that program? That is not a Second Chance but an outright fraud and injustice against legitimate real estate investors, the system and me.

J.T.