5 Tips To Avoid Loan Modification Scams

The folks over at Public Counsel Law Center are always providing valuable information to consumers.  Public Counsel Law Center is the nation's leading Pro Bono Law Firm and they do a great job in bankruptcy practice with their reaffirmation clinics and the new help desks at the clerk intake counter. Here are their

5 tips to avoid loan modification scams:

1.  Don't Pay Up Front Fees;

2. Don't Transfer Title or Sell Your House to a "foreclosure rescuer;"

3. Don't Pay your Mortgage Payments to Anyone Other Than Your Lender or Loan Servicer;"

4. Never Sign Any Documents Under Pressure or Without an Opportunity to Review Them.

5. Don't Ignore Letters From Your Lender or Loan Servicer.  Responding is the Best Bet For Saving Your House.

If someone demands an up-front fee, Public Counsel adivses that you can report them to the Attorney General's Office at 1-800-952-5225; or file a complaint online. Remember that the best way to get a workout is to work directly with your lender. 

Remember that the foreclosure process will continue on your home during your attempts to workout a modification agreement with your lender.  You may also want to consult with a bankruptcy lawyer to create an exit strategy if your modification offer falls through and you still want to keep your home. The filing of a bankruptcy case will legally stop the foreclosure process and will give you the breathing room you need to continue to work with your lender and have an advocate on your side.

Two Great Reasons to Avoid Debt Settlement Companies

I've had several clients come to me after working with debt settlement companies that have provided no service at all, except to take my client's money.  These debt settlement contracts usually provide that the debt settlement company will set up a trust account with your name on it and take their fees and payments first.  Then, when there's enough money in the account, they will begin to negotiate with your creditors.  When you agree to the settlement of the debt, the debt settlement company gets even more money.  To say that they nickel and dime you into further debt is being nice.  I would like to think of it as unconscionable; that's the legal term.

Bruce Weiner, a New York bankruptcy lawyer, points out the pitfalls of working with debt settlement companies in his recent blog, "1099-C and Forgiveness of Debt:  Another Reason to Be Wary of Debt Settlement Companies," and "Wall Street Journal Says, 'Beware of Debt Relief Offers,'"  that these companies make false promises and don't deliver.  Their marketing campaigns invade every inch of the media and they serve to disseminate bad information on a viral level that only confuses the general public and causes many to go further into to debt than needed to avoid the stigma of bankruptcy.

  1. Debt Settlement Companies can be scams; and
  2. Debt Settlement Companies can cause you to have to pay income taxes on settled debts.

Debt Settlement companies are, generally, not lawyers and cannot give legal advice about your debts, including advising you not to pay your debts.  They cannot stop lawsuits or wage garnishments; or foreclosure on your home.  The automatic stay, is an injunctive statute that stops all attempts to collect a debt from you the moment you file for bankruptcy.  DON'T GET SCAMMED!