Mortgage-related scams involving supposed foreclosure rescue and faulty loan modifications will no longer be tolerated.

In a press conference Tuesday in Las Vegas, Nevada, U.S. Senate Majority Leader Harry Reid, Federal Trade Commission Chairman Jon Leibowitz, U.S. Assistant Attorney General Tony West, Nevada Attorney General Catherine Cortez Masto, and Marietta Rodriguez of NeighborWorks America announced Operation Stolen Hope. As part of ongoing efforts to crack down on mortgage-related scams, this operation will involve 118 actions by 26 federal and state agencies.
These scams have been a prevalent issue since the housing crisis began, and new initiatives are needed to prevent these fraudulent, deceptive, and unfair business practices. As part of Operation Stolen Hope, the FTC announced six lawsuits, bringing the total number of cases announced by the Commission to 28. Additionally, 112 similar actions were announced by 25 state attorneys general and other state and local agencies.
“These operators targeted consumers who were on the brink of financial disaster, and instead of holding them back, they pushed them over,” Jon Leibowitz, FTC chairman, said. “If you’re worried about keeping your home, avoid any company that asks for a large fee in advance, guarantees that they’ll stop a foreclosure or modify a loan, or tells you to stop paying your mortgage company and to pay them instead.”
In the six lawsuits announced Tuesday by the FTC, the defendants falsely claimed they would obtain mortgage modifications that would make consumers’ monthly mortgage payments substantially more affordable. Large up-front fees were charged to homeowners, but the defendants did little or nothing to help them renegotiate their mortgages. Additionally, the FTC said some of these scam artists claimed a high success rate and promised to give consumers refunds if they failed to modify their mortgages. Other defendants misrepresented themselves by saying they were affiliated with the federal government of consumers’ mortgage lenders or servicers.
Defendants in each case have alleged violations again the FTC Act, and in some cases, it is suspected that defendants violated the Telemarketing Sales Rule (TSR) or the Credit Repair Organizations Act (CROA). The FTC is asking the court to stop the defendants’ deceptive claims and make them forfeit their ill-gotten gains. A temporary restraining order has already been issued in five of the cases and the defendants’ assets have been frozen.
Author: Brittany Dunn
• Date: 11/25/2009