Despite efforts at all levels of government to stamp out illegal schemes that promise to save the homes of financially strapped owners, the scams "remain at a high level," according to a new federal report.
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Not only have the ripoff artists not gone away, their machinations have become more complex, the Government Accountability Office reported late last month. And perhaps worse, they now often involve attorneys, the supposed professionals people tend to trust the most.
It is difficult to get a precise count on the number of victims of these so-called "foreclosure rescue" scams: people who have been separated from their homes or lost a great deal of money. Many people never realize they've been snookered, while others are too embarrassed to report they've been victimized.
But the number of consumer complaints collected by federal agencies indicate that these schemes are on the rise again in 2013, often targeting the most vulnerable homeowners: minorities and seniors.
Any number of federal, state and local governments have programs to stop the charlatans, using tools from prosecution to informative websites. But the main program comes from the Federal Trade Commission, which issued the Mortgage Assistance Relief Services rule in late 2010.
MARS has two primary provisions: a ban on advance fees for foreclosure relief services, and a requirement that consumers be informed that a lender may refuse to modify their loans and that borrowers can reject any terms negotiated on their behalf.
But attorneys are generally exempt from the ban on upfront fees if they meet certain conditions. They must provide relief as part of their law practice. They must be licensed in the state where the house is located. They must place any money received from clients in a trust account. And they must abide by state laws regarding government attorney conduct.
The GAO, which is the investigative arm of Congress, says many of the officials it contacted for its latest report said attorney involvement has become a major concern in recent years. Illinois reported that roughly seven out of 10 complaints involved lawyers or law firms. The number of such cases is on the rise in California, as well.
There are any number of schemes designed to separate people from their money -- and their homes. But the latest have become more complex, and make it difficult for the authorities to prosecute, especially when lawyers are involved. The most recent iterations are:
-- Forensic audits. For a fee, scammers promise to review the borrower's mortgage documents to be sure the lender complied with lending law. If the audit reveals errors, they say, lenders would be forced to modify their loans by lowering their rates or making other concessions.
-- Bankruptcy to avoid foreclosure. The scammer promises to negotiate a loan modification for a fee, but instead files a bankruptcy case in the owner's name without his knowledge. The bankruptcy process temporarily stops all debt collection efforts, including foreclosure proceedings, so the owner believes foreclosure has been averted. And he continues to pay regular fees to the scammer.
-- Mass joinder lawsuits. This is a type of legal action usually put forth by an attorney or law firm. It is legal, but lawyers are usually paid only if the case is successful. Fraudulent schemes require the owner to pay a fee to participate.
The apparent increase in the prevalence of attorney-involved schemes presents new challenges for law enforcement, according to the GAO report.
For one thing, it is difficult to determine whether lawyers are providing legitimate services. For another, an attorney acting for a scammer may be brought in for only a short time, perhaps to file certain documents. And attorneys often cite attorney-client privilege as a way to avoid subpoenas and slow investigations.
Even when no attorney is involved, the authorities are finding it vexing to nab the bad guys. They can start up, shut down, move elsewhere and start up again in what seems like a blink. They operate under different names, making them difficult to track. And the small dollar amounts of individual losses make it less likely agencies will take on their cases.
Still, there have been some notable wins. Under a recent summary judgement, the FTC banned Dinamica Financiera, an outfit targeting Spanish-speaking consumers, from selling mortgage loan modification or foreclosure relief services. The FTC also nailed the Residential Relief Foundation, which charged upfront fees for bogus services and posed as a government assistance program.
But for every scheme that's halted, or every scammer who's nailed, others pop up to take their place. Worse, the market for skullduggery is ripe. According to data from the Mortgage Bankers Association, the number of borrowers who are two or more months past due and facing foreclosure "remains elevated."
To protect yourself from becoming a victim, follow this cardinal rule: Never give anyone any money in advance for services that have yet to be rendered. And check out the person or company, whether an attorney is involved or not.
If you need help, turn to free housing counseling from one of several thousand agencies nationwide that have been approved by the Department of Housing and Urban Development (www.HUD.gov) or call the HOPE Hotline -- 888-995-HOPE -- a resource run by a nonprofit for a coalition of government agencies, financial institutions and other groups.
There is no need to go it alone, and there is no reason to be ripped off.