BAP Blog Foreclosure/ Loan Modification Fraud

The Santa Clara County District Attorney’s Office is warning homeowners about foreclosure and loan modification fraud. If you are facing foreclosure, the DA’s Office is taking action to help. Recently, the DA’s Office prosecuted and convicted two defendants for running a business that promised homeowners behind on their mortgages that the homeowner could get their mortgage terms changed. These con artists convinced scared homeowners to stop speaking with their lender and instead pay the defendants an advance fee. With the help of the San Jose Police Department, the defendants’ business was shut down and they were sentenced to several years in state prison and ordered to pay back the victim homeowners. The “Con Artists” violated the Foreclosure Consultants Act. It is a crime for anyone, even an attorney or real estate agent, to collect advance fees to perform loan modification services on a home mortgage. Instead, use a HUD-certified foreclosure counselor. Find one by calling the Santa Clara County District Attorney’s Foreclosure Help Hotline at (408 ) 794-1242. The District Attorney’s Office also sends a letter to most homeowners whose home gets a notice of foreclosure, officially called a Recorded Notice of Default. In the letter, the DA’s Office tells you about the Foreclosure Help Hotline and the key points of the Foreclosure Consultants Act. You can get more information from the DA’s Office by leaving a message on the District Attorney’s Real Estate and Foreclosure Fraud Hotline at(408) 792-2879.