Posted On: April 8, 2009 by Pate & Brody

Mortgage modification scams lead to an increase in fraud investigations

With the downturn in the economy, there has been a drastic increase in companies involved in mortgage modification scams. Federal and state authorities are beginning to crack down on such companies.

The Atlanta Journal Constitution has the story here.

The federal government’s hope to modify or refinance up to 9 million mortgages has sparked the flurry of scams. Government officials note that the companies involved in the fraud often have official sounding names that make the borrowers think they are tied to the government. These fraudulent companies charge upfront fees of $1,000 to $3,000 for assistance with loan modifications that hardly ever pay off. Officials also note that borrowers can receive help for free from government-approved housing counselors. Consumer advocates agree that even legitimate consultants are no better than credit counselors who work with lenders at no charge.

The Federal Trade Commission has warned that these companies will use tactics such as promises to stop foreclosures, modify a loan for money upfront, or guarantees that a home will be saved. The FBI is currently investigating about 2,100 mortgage fraud cases which is a 400% increase from five years ago. The FTC has sent letters to 71 companies warning them of their suspicious advertisements and has filed complaints against others.

The response by states has been mixed. Some states have created tougher penalties for companies involved in foreclosure scams, and prosecutors in some jurisdictions have even brought criminal charges. However, many states are relying civil lawsuits.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Our firm is also listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

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