General Housing Information Article


Predatory Lending Schemes and Scams

Beware Of Predatory Lending Schemes

Most mortgage lenders are reputable and provide a valuable service by allowing families to own a home without saving the thousands or hundreds of thousands of dollars necessary to buy it outright. However, a few, unscrupulous lenders, especially those who make high risk second mortgages, engage in predatory lending practices that can increase the likelihood that a borrower will lose his or her home to foreclosure. These abusive practices include making a mortgage loan to an individual who does not have the income to repay it, charging excessive interest, points and fees or repeatedly refinancing a loan without providing any real value to the borrower.

Borrowers facing unemployment and/or foreclosure are frequent targets of predatory lenders because they are desperate to find any "solution" to their default.

Homeowners frequently receive refinance offers in the mail telling them that they have been "pre-approved" for credit based on the equity in their home. When you are wondering how you are going to pay your mortgage and other bills, it may appear very attractive to borrow against your house. But consider this, if you cannot make your current payments, increasing your debt, even if you get some temporary cash, will make it harder to keep your home.

Beware of Scams:

  • Equity skimming: a buyer offers to repay the mortgage or sell the property if you sign over the deed and move out.
  • Phony counseling agencies. Some groups calling themselves "counseling agencies" may approach you and offer to perform certain services for a fee. These could well be services you could do for yourself for free, such as negotiating a new payment plan with your lender, or pursuing a pre-foreclosure sale. If you have any doubt about paying for such services, call a HUD-approved housing counseling agency at (800) 569-4287 or TDD (800) 877-8339. Do this before you pay anyone or sign anything. Don't sign any papers you don't fully understand.
  • Make sure you get all "promises" in writing.
  • Beware of any contract of sale of loan assumption where you are not formally released from liability for your mortgage debt.
  • Check with a lawyer or your mortgage company before entering into any deal involving your home.
  • If you're selling the house yourself to avoid foreclosure, check to see if there are any complaints against the prospective buyer. You can contact the Arizona Office of the Attorney General Consumer Fraud Unit for this type of information.
  • Do not sign anything you do not understand. It is your right and duty to ask questions.
  • Information is your best defense against becoming a victim of predatory lending especially for a desperate homeowner! 

Where to Report Suspected Predatory Lending – homeowners can contact the Arizona Office of the Attorney General, or call 1(800) 352-8431 to get information on what steps to take to file a complaint. You may also want to look at Predatory Lending Brochure from the Office of the Attorney General. 

For more information about Predatory Lending go to:

HUD's Predatory Lending Web Site

Attached Document
.pdf Predatory Lending Schemes and Scams


Comments:

QUESTIONS

  • If a house has service for electricity and water on and you use the facilities in the house but sleep in the backyard in a shed have permission from the home owner to sleep in their backyard can the home owner be fined. Is there any laws that say you can't sleep in a yard located in Mesa Az.
  • I had a friend staying with me to help pay the rent. They left (without paying debt) and left several of their things at my house. I want the things out. How long do I have to store their belongings until I can get rid of them. I have informed them several times and they will not collect their things.
  • Im 16 and pregnant.I want to be emancipated,but I feel I may need public assistance such as food stamps and cash assistance because I'm currently unemployed.I also need help finding a place because I'm getting kicked out.Can a pregnant teen become emancipated and get on food stamps and cash assistance/?And is there anyone who can legally help an emancipated pregnant teen find a place of their own?
  • Had issues with landlord after breaching contract, refused to pay rent so they took me to court then withdrew the case and revoked my access to my account to make payments. One year later they send me a collections notice. Can I dispute this?
  • My landlord just have us 2 months notice to move by text message. Can my landlord due that during a time of state emergency?
  • We have 2 homes 3 mortgages all mortgages were with Bank (Proper name removed). Our residential home is on trial modification. Bank sold the loan in July with our investment property to a loan servicing company (Proper name removed) before I could finish with it's modification, I want to modify our HELOC loan that Bank holds on the investment property also. If I can't modify these 2 loans the house may go into foreclosure. My question: If Loan Servicer suggests fore closer whats going to happen with our HELOC loan with Bank.? Loan is around $101,000 HELOC at 83,000 and house is worth about 145,000.We really don't know whats best for us
  • The tenants next door to me Have moved seven additional people into the house for a total number of six adults and six children living in a three bedroom home. Are three occupancy limitations?
  • I let my cousin and her daughter leave some of their belongings in my back house. It was only supposed to be for a few weeks it has now been over three years. I have talked to my cousin and have repeatedly told her to pick up her stuff. She says she'll be here a certine day and never comes. Her daughter I can never get a hold of what can I do with all their stuff now?
  • Tenant was caught stealing& asked to leave. ROOMATE LEFT THAT NIGHT & HAD HELP AND TOOK ALL BELONGINGS! Now. two wks.later, r-mate is stating things were left behind&bringing law to retrieve them? What do i do?
  • My husband applied for a joint apartment and put on the application that there was a criminal record involved. He was approved given a move in date. After my information was reviewed, the application was denied because of a criminal record. Is that legal?

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