Beware of Paying Up Front Fees

01.27.2009 Scam Alert

Advance Fees and Loan Modification Services

If you are behind in your mortgage payments, you may be contacted by individuals or companies that will offer to help you work out a loan modification with your lender or provide other services to you in order to help you prevent a foreclosure on your home.

You must be very careful if you are asked to pay for any of these services in advance, whether in cash, check or by charging your credit card. First, California Civil Code Section 2945, which regulates "foreclosure consultants", forbids anyone who falls under the definition of a "foreclosure consultant", as well as a real estate licensee, from collecting any advance fees for these types of services if a Notice of Default has been recorded against your property. If your lender has recorded a notice of default, do not pay an advance fee to a real estate licensee, or to any person or entity. California licensed lawyers when rendering services in the course of their legal practice(s) are exempt from this prohibition. There are real estate licensees who can represent you for a fee to be paid after they have completed their work.

UPDATE: Advance Fees for Loan Modifications Now Prohibited (Effective immediately). On October 11, 2009, Governor Schwarznegger signed Senate Bill 94 (Calderon), and the legislation took effect immediately upon his signature. Read important notice.