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Beware of Loan Modification Scams!

Beware of Loan Modification Scams!

As if economic turmoil and a credit crunch isn’t enough, homeowners facing foreclosure are now dealing with loan modification scams and unscrupulous businesses looking to prey on their desperation and fear.

“This has not been a well-defined program from day one,” said TARP special inspector general Neil Barofsky of the government loan modification program, warning against loan modification scams. “Criminals speed on that type of confusion.”

Barofsky said that there has been in huge “uptick” in loan modification scams targeted at struggling homeowners.

Keep your eye out for these suspicious signs of loan modification scams.

  • Beware of promises that seem too good to be true. Most scams and swindles operate on the often overly optimistic hopes of homeowners who are in a world of trouble. If a business offers a guarantee to stop the foreclosure process, you should automatically be wary.
  • Avoid businesses that tell you not to contact your lender. If you are having difficulty making mortgage payments, your first step should be to contact your lender. Anyone who urges you to stonewall your lender, an attorney, or a credit counselor probably doesn’t have your best interests at heart. In fact, sometimes the only way to tell if a program is fake or real is to ask your lender. Some loan modification scams pretend to be affiliated with the government or your lender. Then they charge high fees and disappear with your money. Before signing on the dotted line, ask your lender if a program is phony.
  • Beware of companies that ask for money up front or via a cashier’s check. Most reputable services do not ask for money before they have given you a service, so strange financial requests should be a big tip off that a company is not on the level. Some scam artists tell you that they will negotiate a deal on your behalf if you provide payment. Then they run off with your money!
  • Do not give anyone money to pay your mortgage for you. This is definitely a sign that a disreputable business may be trying to get a hold of your house using disingenuous means. This type of business will tell you they are making payments, but of course they are pocketing your money. By the time you realize this, the bank may have already seized your house.
  • Never sign over your property to anyone else. Some dishonest companies offer to help you dodge foreclosure by having you transfer the deed of title to them. Frequently, the house will end up in foreclosure and you will walk away with a lot of debts but without anything to show for it.
  • Never sign any documents without reading and understanding them completely first. Don’t allow anyone to pressure you to sign documents before you completely understand them and know what you’re getting into. Some loan modification scams work by telling you that you are signing paperwork for a new loan modification when you are, in fact, transferring the title of your property. So not only should you read it before you sign it, you should also understand it before you sign it!

The most important thing to remember when trying to avoid loan modification scams is this: Keep your cool. Do your research. Call your bank, even if it seems scary. And contact trusted loan modification authorities if an offer seems too good to be true.

Beware of Loan Modification Scams!

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Can I Get a Loan Modification?

If you are having difficulty paying your mortgage, but want to stay in your home, you may be wondering: Can I get a loan modification?

A lender might be willing to grant a loan modification if you owe more than the amount for which the home can be sold. Banks also know that adding your foreclosed home to the supply of homes for sale will further depress the market, so your lender might be willing to work with you to modify your loan. However, you are not going to get a loan modification just by asking.

Can I get a loan modification? To answer yes, you must accomplish two things:

  1. To get a loan modification, you need to show the bank that the modified loan is a better deal than foreclosure.
  2. This brings us to the second point: You must show that you cannot afford your current loan. The lender is not going to grant a loan modification to a homeowner able to make the current payments. Lately, numerous homeowners have called complaining that their bank won’t give them a loan modification. The first question I always ask is: Are you behind on your bills? And the answer is always the same: Clients who are current on their bills are not having any luck qualifying for loan modifications.

Can I get a loan modification? The unfortunate truth is that struggling homeowners who have paid their mortgage on time are forced to choose between staying current and being denied loan modifications or improving their chances by skipping payments.

Let me repeat that… The unfortunate truth is that struggling homeowners who have paid their mortgage on time are forced to choose between staying current and being denied loan modifications or improving their chances by skipping payments.

The reality is that as long as you remain current, the lender would rather let you tough it out because recouping 100 percent of your loan is in their financial interest.

I would never advise anyone to default on monthly payments, especially because it might hurt their credit score. That said, as long as you are paying your mortgage on time, the answer to the question—Can I get a loan modification? is probably no.

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Cosigning a Loan – Ending a Cosigner Relationship

Cosigning a loanAre you currently cosigning a loan?  Are you thinking about ending that relationship?  In my book, 7 Steps to a 720 Credit Score: Strategies for Excellent Credit, I give the following advice on co-signing:

Avoid being a cosigner unless you are willing to assume financial responsibility if the borrower cannot make the payments. In fact, when you cosign on an account, you become just as much of a borrower as the actual borrower. When you cosign on someone else’s loan or credit card, your credit will be affected by all future activity on that account. If the person repays his loans on time, your credit will be affected positively. If the person is delinquent, your credit will be injured.

If you are already a cosigner, you should take the following steps to protect your credit:

•   Insist that bills be sent to your address, or track the account online. This way, you can determine whether the borrower is paying on time. If not, you will need to make the payments on the borrower’s behalf to protect your credit. To do so, make sure you pay a bill before it is 30 days past the due date. And, remove your name from the account (or insist that it be closed) the minute it becomes delinquent.

•   More effectively, decide to pay the bill directly and have the borrower pay you directly. This way, you will always be in control of payment.

•   Contact the creditor and see if the loan can be refinanced in the original borrower’s name after a year of timely payments.

The truth of the matter is that sometimes a loved one needs a cosigner, and refinancing in the borrower’s name only just isn’t possible. If this is the case, try finding a replacement cosigner. Let your friend or family know that because the economy has changed, you need to make adjustments to your credit profile, but instead of begging out of the loan, you will help find a replacement cosigner. Perhaps a grandmother or grandfather who does not plan on making any major purchases in his or her retirement years would be willing to cosign. For them, cosigning a loan would not be as detrimental as it would be for you.  In this way, you can protect your relationship and your loved one.

If you have any cosigning horror stories, share your stories below.

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Cosigning a Loan – What to do before you do!

Cosigning a loan is becoming more and more popular, especially, as it becomes increasingly difficult for young people, low income earners, and those with poor credit scores to obtain credit. Before you agree, take five steps to protect yourself:

1.   Read the contract carefully so that you know what will happen if the primary borrower makes a late payment. Will the lender contact you before reporting to the credit bureaus?

2.   Track the payments online so that you know when the payments are due and when they are received. If the primarily borrower does not pay on time, make a last-day payment to ensure that your credit score is not adversely affected.

3.   Consider paying the bill yourself and having the primary borrower pay you directly. Of course, this comes with its own risks (what if the borrower never pays you?), but it allows you to control the payment, ensures that your credit report and the borrower’s credit report benefit from the score, and prevents any late fees or penalties from accruing. An even bigger benefit is that the borrower is less likely to default if it means looking you in the eye and explaining why he is not handing you the monthly check.

4.   Ask for collateral before agreeing to co-sign. This is not only a wise financial move, but it might also save your relationship. If the borrower defaults, at least you have some recourse.

5.   Refinance as soon as possible. After a year of timely payments, contact the creditor and see if the loan can be refinanced in the primary borrower’s name only.

The long and short of it is this: cosigning a loan is a risky move, no small favor to the primary borrower. That’s not to say you should never cosign on a loan, but if you do, be sure you take as many actions possible to mitigate the risks.

Have you been asked to be a cosigner? Tell us your story below!

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