CNNMoney.com
Companies Economy International Corrections Pre-market Trading After-hours Trading Winners/Losers/Actives Bonds Currencies Commodities World Markets Money Magazine Real Estate Taxes Jobs Ask the Expert Money 101 Autos Mutual Funds The Help Desk Loan Center Best Places to Live Ask the Expert Ultimate Guide to Retirement Retirement Calculators Best Funds Best Places to Retire Fortune Brainstorm Tech Apple 2.0 Blog Big Tech Blog Sectors and Stocks Tech Talk Resource Guide Small Business Makeovers Questions & Answers Small Business Video 100 Best Places to Launch FSB 100 Fortune Small Business Fortune 500 Brainstorm Tech Investing Management C-Suite Rankings Main Create Portfolio Edit Portfolio Create Alerts Edit Alerts
PARTNER
CENTER

Mortgage rescue or rip off?

Many for-profit companies now offer foreclosure counseling services to at-risk homeowners. Are they worth the price?

EMAIL  |   PRINT  |   SHARE  |   RSS
 
google my aol my msn my yahoo! netvibes
Paste this link into your favorite RSS desktop reader
See all CNNMoney.com RSS FEEDS (close)
By Les Christie, CNNMoney.com staff writer

foreclosure_data.03.jpg
Which should be the Obama administration's priority?
  • Stimulating the economy
  • Reducing the budget deficit
Mortgage Rates
30 yr fixed mtg 5.02%
15 yr fixed mtg 4.60%
30 yr fixed jumbo mtg 5.89%
5/1 ARM 4.09%
5/1 jumbo ARM 4.77%

Find personalized rates:
 

Rates provided by Bankrate.com.

NEW YORK (CNNMoney.com) -- If mortgage lending was the Wild West during the boom years, foreclosure-prevention counseling is the lucrative new frontier of the bust.

Nearly 1.6 million borrowers are in jeopardy of losing their homes this year, according to economist Mark Zandi of Moody's Economy.com, and thousands of new foreclosure-rescue companies are rushing in to offer the troubled homeowners loan work-out assistance. For a price.

Usually homeowners seeking mortgage modifications call their lenders directly or work with non-profit community groups. But many borrowers are now turning to for-profit companies as their mailboxes are flooded with work-out offers.

Each day private firms go online or visit courthouses across the country to pore over foreclosure filings, which are public records. "By 10 or 11 o'clock, they've mailed out solicitations to anyone with a foreclosure filing that day, promising to save their homes," says Jeff Hart, a prosecutor with the Ohio attorney general's office.

Once a borrower contacts a foreclosure-prevention company, the counselor takes their financial information, analyzes how much the client can afford, and then contacts the lender and negotiates new mortgage terms.

Those modifications can involve reducing interest rates, lengthening the term of the loan or even lowering principal. In exchange, the consumer agrees to pay a fee, generally between a month's mortgage payment and 1% of the mortgage's principal.

Lifestyle counseling

"We attack the case from many different angles," said Justin Pane, vice president of Amerimod Modification Agency, which Pane said has been doing foreclosure prevention modifications for about three years. "We may do a forensic document audit, for example," he added, which involves examining original mortgage papers to see if anything illegal or unethical was signed during closing. If so, it can be used as leverage for a better deal from lenders.

There are other tricks of the trade, too. Pane said it's often beneficial to apply for modifications near the end of fiscal quarters when lenders want non-performing loans placed back in the performing columns. The more loans they can transfer, the better their numbers look in SEC filings. As a result, lenders will often be more generous in their modification offers at that time.

Lifestyle counseling is another often-necessary service. "We tell people what they have to do," said Donnie Shorts, owner of Mortgage Mitigation Services in Dallas. "Get rid of that cable. Sell that Escalade. If we can't present a good case to the lender that these borrowers have changed, we're dead in the water."

Fee trap?

But is it wise for troubled borrowers to pay stiff premiums for services they can get for free? Especially when paying for a modification can make one harder to obtain because borrowers have less cash to spend on reducing debt.

"Folks need to be really careful," said Chris Kukla, a spokesman for the Center for Responsible Lending. "In many cases, these are no better than scams. You should look at all your low-price or free options before signing on with a for-profit company."

One of the main criticisms of for-profit foreclosure counselors is that they are not regulated, with oversight laws varying state by state. As a result, some marginal characters are drawn to the industry, ones who use high-pressure sales tactics and play on fear.

Many firms demand hefty up-front fees, which they keep even if a loan is not successfully modified. Only a dozen states, including Minnesota, New Jersey, New York, Nevada, Massachusetts and Maryland, prohibit that tactic.

"Loan modification is a growth industry, with too few rules governing those selling loan mod services," said Kurt Eggert, a law professor at the Chapman University School of Law.

And, in fact, many consumers who sign on with a for-profit counselor later ended up at a non-profit. "A lot of people come in [to our offices] who have paid money, a couple of thousand sometimes, for foreclosure prevention and nothing is done for them" said Jenelle Dame, a counselor for the East Side Organizing Project (ESOP) in Cleveland. "These companies are sending out postcards to people saying they can help. Some borrowers get like 50 a day."

"The lenders still make the same calculations," added Eggert. "Whether they're better off modifying a mortgage or letting the loan go to foreclosure is not affected by who's arranging the modification."

Terry Souers, who handles many mortgage-modification cases for Genworth Financial, the private mortgage insurer, said his company will work with a for-profit if a client asks, but those requests are minimal. "We don't recommend them," he said. "We can do what they do for free."

Consumer protection

Borrowers can protect themselves several ways. Start by checking with the Better Business Bureau and state attorneys-general consumer-protection offices for complaints against the firms. Also ask any potential foreclosure-prevention counselor how many cases they've successfully completed and what kinds of loans are winning workouts.

"These companies don't seem very transparent about their credentials. If you're not getting answers you trust, look elsewhere," said Marietta Rodriguez, director of homeowner programs for NeighborWorks, a community development group.

"Be leery of up front fees," advised Don Lampe, a North Carolina attorney who has testified before Congress on mortgage issues. Many companies who charge them simply take the money and run. The fees should be contingent on a successful modification.

Finally, watch out for extravagant promises. "If they claim they can save your home before even speaking to you, they're making it up," said prosecutor Hart.

Before contracting with a for-profit company, at-risk borrowers should contact their lenders or the Homeowner's Help Hotline (1-888-995-HOPE) run by the Homeowner's Preservation Foundation. They might get a comprehensive, affordable mortgage modification that won't cost them a dime. To top of page

Find mortgage rates in your area


Features
  • 091020_nuclear_0154.04.jpg
    Minimum wage to $20 an hour. That's what Sally Delk hopes for with a job at the nuclear power plant.  More
  • charlotte_then_now.gi.04.jpg
    Charlotte Street was the epicenter of urban blight. No longer. Now Bimmers and boats fill driveways. More
  • excon-pic-2.04.jpg
    Ex-convicts like Gregory Headley are 'at the back of the line' in the struggle to find work.  More
  • package.gi.04.jpg
    Steve Jobs revived Apple, defying the worst economic conditions since the Great Depression. More
  • droid.04.jpg
    Consumers looking to buy electronics for holiday gifts won't have to break the bank this season. More
  • airport_luggage.ju.04.jpg
    Search firm says it will pay the bill for wireless Internet during the holidays. More
  • twitter_screenshot.04.jpg
    Twitter and LinkedIn hook up, signing agreement to let users share information across both platforms. More
Markets Last Change
Dow Jones 10,270.47 73.00 / 0.71%
Nasdaq 2,167.88 18.86 / 0.88%
S&P 500 1,093.48 6.24 / 0.57%
10-year Bond 99 19/32 Yield: 3.42%
U.S.Dollar 1 euro = $1.492 0.007
November 13, 2009 4:01 PM ET
CompanyPrice% Change
YRC Worldwide Inc 1.12 22.53%
Blockbuster Inc 0.76 -8.46%
Dollar General Corp 22.64 7.81%
JC Penney Co Inc 31.34 6.63%
Nov 13 3:53pm ET †
More Galleries
America's Money: In their own words Across the nation, the deepening economic downturn is fueling anxiety among everyday folks. See what's got them worried and how they're coping. More
Pieces of Madoff Many of Bernie Madoff's victims wanted a piece of the felonious financier. This week they could get one: Hundreds of his and Ruth's possessions went up for auction Saturday and they fetched nearly $1 million, a lot more than expected. More
6 double dip warning signs The recovery from the Great Recession has likely started. But many economists are worried about falling into another downturn. Here's what has them concerned. More

© 2009 Cable News Network. A Time Warner Company. All Rights Reserved. Terms under which this service is provided to you. Privacy Policy
Copyright © 2009 BigCharts.com Inc. All rights reserved. Please see our Terms of Use.
MarketWatch, the MarketWatch logo, and BigCharts are registered trademarks of MarketWatch, Inc.
Intraday data provided by Interactive Data Real-Time Services and subject to the Terms of Use.
Intraday data is at least 20-minutes delayed. All times are ET.
Historical, current end-of-day data, and splits data provided by Interactive Data Pricing and Reference Data.
Fundamental data provided by Morningstar, Inc..
SEC Filings data provided by Edgar Online Inc..
Earnings data provided by FactSet CallStreet, LLC.