Have You Been a Foreclosure Scam Victim?

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We’ve talked about foreclosure defense scams before – these happen to homeowners who realize they’re facing foreclosure but don’t think they can afford a foreclosure attorney to help them save their home. Desperate, they look for the cheapest option available to them, which usually comes in the form of a company that claims to be able to save any home from foreclosure for much less than the cost of hiring a lawyer.

Foreclosure defense scam artists lead homeowners to believe that they are working hard at saving their home from Sheriff’s Sale, requesting additional fees time and time again, drawing out the “process” as long as possible in order to suck as much money out of you as they can. Usually, little to no process is being made to keep your home out of foreclosure, and by the time you finally discover the truth, the fraudulent “company” will have vanished and moved on to another city with new homeowners to take advantage of.

Coming at this from a different angle, some homeowners are victims of foreclosure scammers with a twist. Instead of falsely claiming to help struggling homeowners to stay out of foreclosure, these fraud artists target those homeowners who are nearly or already in foreclosure.

Falsely claiming to have purchased the home at Sheriff’s Sale, this type of foreclosure scam has several red flags that should go up loud and clear. Firstly, if someone really did buy your house, you would have been notified that your home’s foreclosure sale was coming up.

Because New Jersey’s foreclosure process is judicial, every step of the process must be completed via the court system. As the homeowner, you will be served with official forms alerting you to your lender’s intent to foreclose, the actual foreclosure complaint and a final offer allowing you a chance to bring your defaulted mortgage current. Even if you do not respond to a single court document that you receive and foreclosure goes through, you will still be notified regarding the date of the sale of your home (BEFORE it takes place).

Therefore, if someone calls you on the phone or physically shows up at your door claiming to be the rightful owner via Sheriff’s Sale, be on high alert. Unless you have been out of the country or for any reason have not been retrieving your mail, there is absolutely no way someone could have purchased your home without your knowledge. Again: they couldn’t purchase your home because no sale will be held without you receiving notification.

If one thing’s certain, it’s that scammers are often quite persistent in their quest to deceive and make money. Some con artists will reappear multiple times, insisting that the home is now in their possession. They may present you with a set of demands, such as:

  • You can continue to live in the home as long as you pay them rent money.
  • The property taxes and HOA dues (if any) must be paid by you.
  • You must find a new place to live (AKA eviction) if you don’t meet their demands.

As you can see, this type of scheme allows the scammer(s) to get rich by scaring homeowners into paying them rent. There have been reports of homeowners who unfortunately fell for this type of conspiracy because the scammer produced official-looking documents. A little checking would have shown that none of the documents were signed by a judge, making them invalid in the judicial foreclosure State of New Jersey.

If you feel that you may potentially be the victim of a New Jersey foreclosure scam, you must take action immediately. Do not sign any papers presented to you without a NJ foreclosure attorney at your side. If possible, obtain copies of the “documents” that you were shown and bring them all with you to your first consultation with your New Jersey real estate lawyer, who may be able to help you recover any monies you’ve lost and will definitely be able to legitimately assist you in saving your home.

 

Image credit: Widjaya Ivan

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