MORTGAGE MODIFICATION SCAM ALERT

Transcription

1 November 2, 2012 MORTGAGE MODIFICATION SCAM ALERT You DON T always get what you pay for. Prepared by:

2 FOR IMMEDIATE RELEASE Contacts: Lynne Anderson, Executive Director Patrice S. Cavitt, Programs Director (909) ext 114 (909) ext 116 MORTGAGE MODIFICATION SCAM ALERT: You don t always get what you pay for Rancho Cucamonga, California, November 2, 2012 Since the passage of Senate Bill 94 in October of 2009, it has been unlawful for companies providing loan modification services, including attorneys, to require payment for their services from homeowners until after all services have been provided. However, there are many companies and law firms still charging advance fees for loan modification services, often with devastating consequences to the homeowner. Such advance fees are illegal. Inland Fair Housing and Mediation Board (IFHMB), in partnership with The Department of Housing and Urban Development (HUD) works to sustain homeownership in our communities by identifying, investigating, and cooperating with the Department of Justice to help prosecute parties responsible for unlawful practices, such as mortgage modification scams and other fraudulent activities in the housing market. In addition, IFHMB is a HUD approved housing counseling agency that provides loan modification assistance at no cost to the consumer. According to a written statement issued by Andre Birotte, Jr., U.S. Attorney for the Central District of the State of California., The housing crisis provided fraud artists a new avenue to exploit people in financial distress and shameless financial predators promised relief they could not deliver. As a result, many homeowners went into foreclosure and now have to deal with the ramifications of losing their homes. IFHMB has been on the front lines of the foreclosure crisis assisting homeowners. Consumers have been economically victimized by unscrupulous, predatory loan modification scammers, commented Lynne Anderson, Executive Director of Inland Fair Housing and Mediation Board. In fact, we have seen an alarming number of homeowners pay for services, and not get what they paid for, rather than investing their valuable resources toward saving their home. The California State Bar has received thousands of complaints against attorneys regarding loan modification fraud. According to a statement released by State Bar of California on October 15, 2012, more than 100 attorneys have been disciplined thus far, including 22 who have been disbarred. Retaining an attorney for modifications or other valid reasons, such as

3 when a homeowner makes the decision to file bankruptcy or contest foreclosure actions in court may be necessary as long services are rendered according to the laws. The California Department of Real Estate has entered hundreds of cease and desist orders against real estate professionals engaged in this kind of activity. And the California Attorney General, Kamala Harris, recently announced the passage of the California Homeowner s Bill of Rights, which goes into effect on January 1, 2013 and will prohibit inherently unfair lender practices designed to plunge a homeowner deeper into the foreclosure process. The Homeowner Bill of Rights will also eliminate dual-track foreclosures (where a lender proceeds with a foreclosure while a loan modification application is still pending) and require lenders to provide homeowners with a single point of contact during loss mitigation negotiations. For homeowners who believe they have been the victim of a loan modification scam, the experienced Housing Counseling team at Inland Fair Housing and Mediation Board, a HUD Approved Housing Counseling Agency, can provide counseling and financial education, as well as assist homeowners with loan modification applications. In addition, IFHMB can make contact with their lenders to mitigate the chance of foreclosure. Homeowners who have received a Notice of Default and/or Notice of Trustee s Sale are encouraged to contact IFHMB immediately so that, if possible, steps can be taken to halt the foreclosure process. In addition, IFHMB has the resources to investigate claims of loan modification scams and other housing discrimination claims and forward those claims to enforcement agencies such as HUD and the California Department of Fair Employment and Housing (DFEH). With offices located in Rancho Cucamonga, San Bernardino, Victorville, Barstow, Indio and El Centro, IFHMB is equipped to assist homeowners with housing counseling on several fronts such as loan modification applications, default/foreclosure counseling, reverse mortgage counseling, First Time Home Buyer classes, and Financial Education workshops. Through its Fair Housing Organization Initiative Grant, IFHMB also investigates and provides assistance in cases of housing discrimination under both State and Federal Fair Housing laws. All of these services are provided free of charge. For more information or to report occurrences of housing fraud, such as a loan modification scam, please contact Inland Fair Housing and Mediation Board at (800) , or visit IFHMB s website at ###

4 IFHMB MORTAGAGE AND MODIFICATION FRAUD CASE STUDIES As illustrated by the following case studies, Inland Fair Housing and Mediation Board (IFHMB) has been on the front lines of the foreclosure crisis, assisting consumers who have been economically victimized by unscrupulous loan modification scammers and predatory lending schemes. The cases below are factual, but the names have been changed to maintain the privacy of the clients. Case Study No. 1 : Mr. Jones is a married man with three young children. He went to a law office for assistance with a modification after losing his job. He agreed to pay the law firm a $2,500 fee, plus almost $500 per month. Several months later the law firm sent him a letter stating that they were closing his file due to his nonresponsiveness, and that his home was scheduled for a Trustee s Sale the following month. According to Mr. Jones, he had been trying to contact the law firm for weeks to check on the progress of his loan modification application, but had received no response, all while the firm was collecting the monthly processing fee. [Mr. Jones] agreed to pay the law firm a $2,500 fee, plus almost $500 per month. Several months later the law firm sent him a letter stating that they were closing his file due to his nonresponsiveness, and that his home was scheduled for a Trustee s sale the following month. Mr. Jones came to IFHMB for assistance. However, within days, Mr. Jones came home to discover a 3-day Notice to Vacate posted on his front door. He learned that the law firm had not informed him of the correct sale date, which was several weeks earlier than the firm s letter had disclosed. Mr. Jones was stunned and shocked to learn that his home was gone, and wondered what would happen next. By the time Mr. Jones came to IFHMB, it was too late to save his home. IFHMB was able to help Mr. Jones negotiate a $1,750 cash for keys payment to assist with the relocation of his family. Case Study No. 2: Mrs. Garcia refinanced her home in She spoke and read very little English, and all discussions with her mortgage broker were held in Spanish. Mrs. Garcia believed she was obtaining a fixed rate loan, when in fact she ended up with a no document, stated income, adjustable rate Mrs. Garcia believed she was obtaining a fixed rate loan, when in fact she ended up with a no document, stated income, adjustable rate mortgage.

5 mortgage. Mrs. Garcia had significant equity in her home at that time which, coupled with her credit score, should have qualified her for a more traditional, fixed-rate loan product. When the adjustable rate mortgage reset, Mrs. Garcia had difficulty making her mortgage payments and went into default. She began working with the housing counseling team at IFHMB, and obtained a permanent loan modification at a payment she could afford. Mrs. Garcia also met with IFHMB s legal team, who investigated her predatory lending and housing discrimination claim. IFHMB discovered that Mrs. Garcia had been charged excessive broker s fees and a review of the loan documents revealed the predatory nature of the loan. After the investigation was completed, IFHMB referred Mrs. Garcia s case to the Department of Housing and Urban Development (HUD). Ultimately, HUD mediated the claims Mrs. Garcia brought against the mortgage broker, and a settlement was reached. Through the joint efforts of HUD and IFHMB, Mrs. Garcia was able to recover some of the excessive broker s fees she was charged when she refinanced her loan. Case Study No. 3: Mr. and Mrs. Lopez are a Hispanic couple who were struggling to make their mortgage payment in A neighbor referred them to a company that advertised mediation services between homeowners and lenders to assist the homeowner in obtaining a loan modification. They made an appointment with this company and spoke with Juan about their mortgage situation. Mrs. Lopez expressed her concern to Juan about retaining a company to assist them with a loan modification, as she had heard that there were a lot of companies taking advantage of people in their situation. Juan assured Mrs. Lopez that he would never take advantage of his own people and that she The lender stated that it had never received the $16,000 payment, and only two of the three payments made to the modification company. could trust him because they spoke the same language. Mrs. Lopez felt reassured by this, and they signed a contract for loan modification services which required an advance fee of $3,500. Mr. and Mrs. Lopez paid the $3,500 in two installments. Shortly after receiving the second installment, Juan called Mrs. Lopez and asked if she could pay $41,000 to stop the foreclosure and reinstate their loan. Mrs. Ramirez did not have that much money available. Throughout that evening, Juan made several calls to Mr. and Mrs. Lopez, each time reducing the amount that the bank would accept to stop the foreclosure. Mr. and Mrs. Lopez finally said they could come up with just over $16,000 by borrowing some of it from relatives. Juan

6 said that his company would advance that amount to the lender, and that Mrs. Lopez should bring a cashier s check the next day for the $16,000. Mrs. Lopez complied. When she came to the office, Juan showed her a copy of what he claimed was a check from his company to the lender for reinstatement of the loan. Mr. and Mrs. Lopez eventually received a trial modification, and began making payments to their lender. Juan told them to make their payments directly to his company, while he negotiated the terms of the permanent modification. Mr. and Mrs. Lopez made three payments to the loan modification company. Shortly after the third payment, they received a permanent modification. The terms of the modification indicated that they were behind on payments, which were rolled into the modified loan. The lender stated that it had never received the $16,000 payment, and only two of the three payments made to the modification company. After multiple failed attempts to reach either Juan or the company he worked for, Mr. and Mrs. Lopez sought the assistance of IFHMB s legal department. After investigating their case, IFHMB filed a housing discrimination case with HUD. In addition, due to the large amount of money involved, IFHMB s legal counsel assisted Mr. and Mrs. Lopez in filing a complaint with the local office of the District Attorney, Real Estate fraud unit.

7 There are reliable, FREE options to help struggling homeowners Hype: Attorneys have special influence over your lender Mortgage Modifications cost thousands of dollars Mortgage Modifications can be guaranteed by a third party Attorneys have special access to government funding for foreclosure relief You have to be behind on your mortgage to get help Fact: Banks often prefer direct contact with borrowers. A third party can assist you in the process of negotiating with your lender. HUD Approved Housing Counseling Agencies receive tax-payer dollars to assist with Mortgage Modifications at no charge to you. Modification decisions are solely up to your lender. Lenders are not obligated to modify loans. Anyone can apply for government programs at no charge. Some government programs require pre-screening and eligibility to qualify. There are many options available for homeowners, whether they are current or delinquent on their mortgage. Call HUD Approved Housing Counseling Agency Inland Fair Housing and Mediation Board TODAY at to learn about your options. No tips. No deposits. No retainers. No attorneys. No money. No cost. No fee. IT S 100% FREE. In cooperation with:

8 Latest State Bar of California Press Release issued October 15, 2012 GARDEN GROVE ATTORNEY CHARGED WITH TAKING ADVANCED FEES FROM DISTRESSED HOMEOWNERS, FORMING PARTNERSHIP WITH NON- LAWYERS Contact: Laura Ernde San Francisco, Oct. 15, 2012 The State Bar of California has filed disciplinary charges against a Garden Grove attorney accused of taking illegal advanced fees from distressed homeowners and partnering with non-lawyers in a large-scale loan modification scheme. Stephen Lyster Siringoringo [Bar # ] has been charged with 25 counts of misconduct including collecting advance fees for loan modification services, forming a partnership with a non-lawyer, sharing fees with a non-lawyer, moral turpitude and aiding in the unauthorized practice of law. Siringoringo heavily advertised his services in southern California, even though the state Legislature has prohibited the acceptance of advance fees for loan modification work. "Mr. Siringoringo's acceptance of advanced fees in disregard of California law is a stark reminder that almost three years after the passage of SB 94, loan modification abuses and fraud are alive and well and that some of the most financially distressed and vulnerable members of the public are still being victimized and exploited for financial gain," said Ashod Mooradian, deputy trial counsel at the State Bar. According to the notice of disciplinary charges against him, Siringoringo, 31, first met his nonlawyer partners Alfred Clausen and Josh Cobb, the owners and operators of Clausen & Cobb Management, Inc. (CCMI), in December Soon after, Siringoringo agreed to allow them to open an office his name in Upland, in exchange for a share of the legal fees it brought in. The office, staffed by CCMI employees who operated independently, performed legal services and with met clients without Siringoringo's supervision. The operation generated enough money to open two other locations in Siringoringo's name in Glendale and Rancho Cucamonga. Filed Oct. 10, the disciplinary notice lists at least 23 victims of the loan modification scam, some of them couples. It also accuses Siringoringo of habitually disregarding his loan modification practice and misleading his clients into believing he was actually in charge of their cases when in truth and fact CCMI was in charge and operated the loan modification law practice known as Siringoringo Law Office or the Law Offices of Stephen L. Siringoringo. The State Bar has placed a consumer alert on his online attorney profile page.

9 Siringoringo's case represents the latest in the State Bar's ongoing efforts to combat loan modification fraud. Since February 2009, the State Bar s Office of Chief Trial Counsel has received thousands of complaints against attorneys regarding loan modification fraud. More than 100 attorneys have been disciplined so far, including 22 who have been disbarred. ### The State Bar of California is an administrative arm of the California Supreme Court, serving the public and seeking to improve the justice system for more than 80 years. All lawyers practicing law in California must be members of the State Bar. By October 2012, membership reached 238,000.

10 ATTEND A FREE, TAXPAYER FUNDED FORECLOSURE PREVENTION RESOURCES EVENT There are reliable, FREE options to help struggling homeowners Mortgage late? Don t wait! Join Inland Fair Housing and Mediation Board, A non-profit, HUD Approved Housing Counseling Agency, CHASE*, Bank of America**and local realtors associations in your area for one-on-one counseling, resources, options for foreclosure prevention and other alternatives. Date Time Location Friday, November 9, a.m. to 4 p.m. San Bernardino Employment and Training Agency (SBETA) 600 N. Arrowhead Ave., Suite 300, San Bernardino, CA Saturday, November 10, a.m. to 4 p.m. IFHMB Housing Resource Center Oasis Street, Indio, CA Friday, November 16, a.m. to 4 p.m. Victorville City Hall, Conference Room D Civic Drive, Victorville, CA Saturday, November 17, a.m. to 4 p.m. Development Services Building Conference Center North Dale Evans Parkway, Apple Valley, CA Saturday, November 17, a.m. to 2 p.m. El Centro Community Center 375 S. First Street, El Centro, CA *CHASE: San Bernardino and Indio **Bank of America: Victorville and Apple Valley Taxpayer funded services. All homeowners welcome. Call ext 189 for an appointment or visit No tips. No deposits. No retainers. No attorneys. No money. No cost. No fee. IT S 100% FREE. In cooperation with: Bank of America

11 Southern California HUD Approved Housing Counseling Agencies: Anaheim, CA Arroyo Grande, CA Bakersfield, CA Brea, CA Camarillo, CA Cajon, CA Capitola, CA China Lake, CA Chula Vista, CA Compton, CA El Centro, CA Escondido, CA Fountain Valley, CA Fresno, CA Glendale, CA Granada Hills, CA Indio, CA Inglewood, CA Laguna Hills, CA Lakewood, CA Long Beach, CA Los Angeles, CA Los Angeles, CA Los Angeles, CA Modesto, CA Montebello, CA Norwalk, CA Ontario, CA Oxnard, CA Rancho Cucamonga, CA Riverside, CA Rosemead, CA San Bernardino, CA San Diego, CA San Diego, CA San Luis Obispo, CA Santa Ana, CA Santa Barbara, CA Simi Valley, CA Thousand Oaks, CA Van Nuys, CA Ventura, CA Ventura, CA Victorville, CA Neighborhood Housing Services of OC, INC SurePath Financial Solutions Consumer Credit Counselors of Kern and Tulare Counties Consumer Credit Counseling Service of Orange County Surepath Financial Solutions Springboard Consumer Credit Counseling Service of Santa Clara and Ventura County Consumer Credit Counselors of Kern and Tulare Counties Money Management International Chula Vista Legal Aid Society of Orange County Inland Fair Housing and Mediation Board Community Housing Works Consumer Credit Counseling Service of Orange County Community Housing Council ClearPoint Financial Solutions, Inc. ClearPoint Financial Solutions, Inc. Inland Fair Housing and Mediation Board Los Angeles Neighborhood Assistance Corporation of America Consumer Credit Counseling Service of Orange County ClearPoint Financial Solutions, Inc. Operation Hope, Inc. Korean Churches for Community Development Los Angeles Neighborhood Housing Services Operation Hope, Inc. ClearPoint Financial Solutions, Inc. Montebello Housing Development Corp. Legal Aid Society of Orange County Neighborhood Partnership Housing Services, INC California Rural Legal Assistance Inland Fair Housing and Mediation Board Fair Housing Council of Riverside County Springboard Neighborhood Housing Services of the Inland Empire Community Housing Works Neighborhood House Association Consumer Credit Counseling Service of Ventura Orange County Fair Housing Council, INC Peoples Self-Help Housing Centro Familia Esperanza Consumer Credit Counseling Service Of Ventura Simi Valley Community Care Center Cabrillo Economic Development Corporation Consumer Credit Counseling Service of Ventura Inland Fair Housing and Mediation Board IFHMB works in cooperation with: U.S. Department of Housing and Urban Development National Fair Housing Alliance Rural Community Assistance Corporation National Community Reinvestment Coalition California Reinvestment Coalition Other Resources: Department of Real Estate: Better Business Bureau: The State Bar of California: