December 1st, 2008 at 11:59am
Under Foreclosure
One thing you learn right away after receiving a foreclosure complaint is that the stuff is public record. It seems like every attorney, “counseling service,” and wanna-be investor starts sending you junk in the mail.
“We can stop foreclosure!”
“Walk away from your home debt free.”
“Renegotiate your mortgage.”
You start to learn right away how to separate the good guys from the bad guys. Some of these people are legitimate businesspeople — particularly some of the attorneys — and they buy lists of people who have recently been sued for foreclosure so that they can contact them and offer their services.
Others are just bottom-feeding scum.
One day — not too long after we got served — I found a note in the mailbox with all the other mail. This one had clearly been placed there by hand. No stamp, no postmark, no envelope. Just a note.
Here’s an aside: committing fraud is one thing. Committing mail fraud is a whole different flavor of felony. This is why many scams will avoid using the US Postal Service. They’ll ask you to wire money instead of mailing a check. Or they’ll get in touch with you without using the Postal Service. (Did you see The Firm with Tom Cruise? You’ll remember: it’s got teeth.)
This particular scumbag violated federal law by touching my mailbox. I had half a mind to file a complaint just on that basis alone.
But then again, I can’t recall hearing about anyone actually getting prosecuted for that. Maybe so, maybe not.
In any case, this loser was dumb enough to put their contact info all over the note.
Basically, the letter offered help. It sympathized with our situation. Bla bla bla. This person offered to come by and discuss some “unique options” that we have.
Danger, Will Robinson
If you get something like this: look out. Many people have invited these nice-sounding idiots into their homes and have listened to the sincere-sounding person who wants to bail them out of their mess. They offer to catch up your mortgage for you, perhaps even rent your home back to you, etc. Help you get back on your feet. Stay in your home. We’re here to help. They have different ways of presenting this crap.
The bottom line? They’ll hand you stacks of papers to sign. Most of them will have complex legal mumbo-jumbo. In the end: they own your home.
Don’t let it happen to you.
Believe me. Even if you don’t have the money, it’s worth it to talk to an attorney before signing any legal papers with someone you don’t know who is offering to give you your personal bailout.
Once they own your home, they can do with it what they like. And that includes screwing you even worse than your mortgage lender might.
If you have any equity in your home, do yourself a favor: answer the foreclosure complaint. It buys you time to figure out what your best options are. If you’re in a state like California, Florida, Ohio, or one of the others where foreclosures are rampant, then the court dockets are full anyway. They aren’t going to be getting to your case any time soon.
In my opinion, however, it’s worthwhile to have an attorney help you file your answer to the foreclosure complaint. In many states, there are legitimate defenses that you may be able to raise — but not if you fail to include them in your initial answer.
I’m not an attorney, and I’m sure not qualified to give you legal advice. I’m just an average “Joe” who learned a few things.
If you can’t afford an attorney, at least find a local consumer protection agency. Many of them are staffed by qualified volunteers (some of them even attorneys) who can help you with your response at no charge. It’s a really great option.
By Average Joe
