New Bill Should Prevent Foreclosure Attorneys From Taking Advantage of Home Owners
New Bill Should Prevent Foreclosure Attorneys From Taking Advantage of Home Owners
Foreclosure attorneys are drawing a lot of attention in California these days for scamming distressed homeowners. The most common method is to charge a large upfront fee for a loan modification and then to do very little to actually help the beleaguered homeowners. Among the agencies looking into the practice are the State Attorney General, the FBI, the California State Legislature, the State Bar, and the Department of Real Estate.
Last spring the Department of Real Estate in California had received more than 750 complaints of lenders taking advantage of distressed homeowners, and nationally, the FBI is investigating more than 2,100 companies accused of this practice. The California State Bar is currently handling in excess of 800 cases relating to foreclosure practices. A spokesman for the Bar says he has not seen a crisis of this magnitude in his 21 year career.
The State Bar recently identified sixteen lawyers who had received multiple complaints and were under investigation. Nearly two thirds of those attorneys practice in Orange County. The press release noted that it is unusual to release names of those being investigated but not yet convicted, but the organization was dismissing investigation confidentiality in favor of public protection.
The State Legislature has also acted on the situation. The bill AB 764 – Nava noted that under current law, both lenders and attorneys may charge distressed homeowners an upfront fee for negotiating terms of loans. It goes on to say that under these terms, the law has let down the homeowners and allowed them to be taken advantage of. The bill changes the law to disallow upfront fees and requires lenders and lawyers alike to produce a successful result before charging the troubled homeowners. The bill also mandates that the language in any contract for loan negotiation clearly state that it is not required to pay for an attempt at loan re-negotiation. The required statement includes the web address http://www.hud.gov, where homeowners can access a list of free loan counselors. The bill had tremendous support and almost no organized opposition. It has been passed by the legislature and is awaiting the Governor’s signature.
Ron Parks has been buying Marin real estate for 27 years. Year after year he is one of Marin’s top real estate agents. Ron specializes in all areas of Marin County, including Belvedere and Mill Valley. {Article source}

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