MORTGAGE MODIFICATION SCAM ALERT
Prepared by:
November 2, 2012
You DON’T always get
what you pay for.
FOR IMMEDIATE RELEASE
Contacts: Lynne Anderson, Executive Director Patrice S. Cavitt, Programs Director
[email protected] [email protected]
(909) 984-2254 ext 114 (909) 984-2254 ext 116
MORTGAGE MODIFICATION SCAM ALERT:
You don’t always get what you pay for
Rancho Cucamonga, California, November 2, 2012—Since the passage of Senate Bill 94 in
October of 2009, it has been unlawful for companies providing loan modification services, including attorneys, to require payment for their services from homeowners until after all services have been provided. However, there are many companies and law firms still
charging advance fees for loan modification services, often with devastating consequences to the homeowner. Such advance fees are illegal.
Inland Fair Housing and Mediation Board (IFHMB), in partnership with The Department of Housing and Urban Development (HUD) works to sustain homeownership in our
communities by identifying, investigating, and cooperating with the Department of Justice to help prosecute parties responsible for unlawful practices, such as mortgage modification scams and other fraudulent activities in the housing market. In addition, IFHMB is a HUD approved housing counseling agency that provides loan modification assistance at no cost to the consumer.
According to a written statement issued by Andre Birotte, Jr., U.S. Attorney for the Central District of the State of California., “The housing crisis provided fraud artists a new avenue to exploit people in financial distress… and shameless financial predators promised relief they could not deliver. As a result, many homeowners went into foreclosure and now have to deal with the ramifications of losing their homes.”
IFHMB has been on the front lines of the foreclosure crisis assisting homeowners. “Consumers have been economically victimized by unscrupulous, predatory loan modification scammers,” commented Lynne Anderson, Executive Director of Inland Fair Housing and Mediation Board. “In fact, we have seen an alarming number of homeowners pay for services, and not get what they paid for, rather than investing their valuable resources toward saving their home.” The California State Bar has received thousands of complaints against attorneys regarding loan modification fraud. According to a statement released by State Bar of California on October 15, 2012, more than 100 attorneys have been disciplined thus far, including 22 who have been disbarred. Retaining an attorney for modifications or other valid reasons, such as
when a homeowner makes the decision to file bankruptcy or contest foreclosure actions in court may be necessary as long services are rendered according to the laws.
The California Department of Real Estate has entered hundreds of cease and desist orders against real estate professionals engaged in this kind of activity. And the California Attorney General, Kamala Harris, recently announced the passage of the California Homeowner’s Bill of Rights, which goes into effect on January 1, 2013 and will prohibit inherently unfair lender practices designed to plunge a homeowner deeper into the foreclosure process. The
Homeowner Bill of Rights will also eliminate dual-track foreclosures (where a lender proceeds with a foreclosure while a loan modification application is still pending) and require lenders to provide homeowners with a single point of contact during loss mitigation negotiations. For homeowners who believe they have been the victim of a loan modification scam, the experienced Housing Counseling teamat Inland Fair Housing and Mediation Board, a HUD Approved Housing Counseling Agency, can provide counseling and financial education, as well as assist homeowners with loan modification applications. In addition, IFHMB can make contact with their lenders to mitigate the chance of foreclosure. Homeowners who have received a Notice of Default and/or Notice of Trustee’s Sale are encouraged to contact IFHMB immediately so that, if possible, steps can be taken to halt the foreclosure process. In
addition, IFHMB has the resources to investigate claims of loan modification scams and other housing discrimination claims and forward those claims to enforcement agencies such as HUD and the California Department of Fair Employment and Housing (DFEH).
With offices located in Rancho Cucamonga, San Bernardino, Victorville, Barstow, Indio and El Centro, IFHMB is equipped to assist homeowners with housing counseling on several fronts such as loan modification applications, default/foreclosure counseling, reverse mortgage counseling, First Time Home Buyer classes, and Financial Education workshops. Through its Fair Housing Organization Initiative Grant, IFHMB also investigates and provides assistance in cases of housing discrimination under both State and Federal Fair Housing laws. All of these services are provided free of charge.
For more information or to report occurrences of housing fraud, such as a loan modification scam, please contact Inland Fair Housing and Mediation Board at (800) 321-0911, or visit IFHMB’s website at www.ifhmb.com.
IFHMB MORTAGAGE AND MODIFICATION FRAUD
CASE STUDIES
As illustrated by the following case studies, Inland Fair Housing and Mediation Board (IFHMB) has been on the front lines of the foreclosure crisis, assisting consumers who have been economically victimized by unscrupulous loan modification scammers and predatory lending schemes. The cases below are factual, but the names have been changed to maintain the privacy of the clients.
Case Study No. 1 : Mr. Jones is a married
man with three young children. He went to a law office for assistance with a
modification after losing his job. He agreed to pay the law firm a $2,500 fee, plus almost $500 per month. Several months later the law firm sent him a letter stating that they were closing his file due to his “non-responsiveness,” and that his home was scheduled for a Trustee’s Sale the following month. According to Mr. Jones, he had been trying to contact the law firm for weeks to check on the progress of his loan modification application, but had received no response, all while the firm was
collecting the monthly “processing fee”.
Mr. Jones came to IFHMB for assistance. However, within days, Mr. Jones came home to discover a 3-day Notice to Vacate posted on his front door. He learned that the law firm had not informed him of the correct sale date, which was several weeks earlier than the firm’s letter had disclosed. Mr. Jones was stunned and shocked to learn that his home was gone, and wondered what would happen next. By the time Mr. Jones came to IFHMB, it was too late to save his home. IFHMB was able to help Mr. Jones negotiate a $1,750 “cash for keys” payment to assist with the relocation of his family.
Case Study No. 2: Mrs. Garcia refinanced her
home in 2006. She spoke and read very little English, and all discussions with her
mortgage broker were held in Spanish. Mrs. Garcia believed she was obtaining a fixed rate loan, when in fact she ended up with a no document, stated income, adjustable rate
[Mr. Jones] agreed to pay the law firm a $2,500 fee, plus almost $500 per month. Several months later the law firm sent him a letter stating that they
were closing his file due to his “non-responsiveness,” and that his home was scheduled for a Trustee’s sale the
following month.
Mrs. Garcia believed she was obtaining a fixed rate loan, when in
fact she ended up with a no document, stated income, adjustable rate mortgage.
mortgage. Mrs. Garcia had significant equity in her home at that time which, coupled with her credit score, should have qualified her for a more traditional, fixed-rate loan product.
When the adjustable rate mortgage reset, Mrs. Garcia had difficulty making her mortgage payments and went into default. She began working with the housing counseling team at IFHMB, and obtained a permanent loan
modification at a payment she could afford. Mrs. Garcia also met with IFHMB’s legal team, who investigated her predatory lending and housing discrimination claim. IFHMB discovered that Mrs. Garcia had been charged excessive broker’s fees and a review of the loan documents revealed the predatory nature of the loan. After the investigation was completed, IFHMB referred Mrs. Garcia’s case to the Department of Housing and Urban Development (HUD). Ultimately, HUD mediated the claims Mrs. Garcia brought against the mortgage broker, and a settlement was reached. Through the joint efforts of HUD and IFHMB, Mrs. Garcia was able to recover some of the excessive broker’s fees she was charged when she refinanced her loan.
Case Study No. 3: Mr. and Mrs. Lopez are a Hispanic couple who were
struggling to make their mortgage payment in 2011. A neighbor referred them to a company that advertised “mediation services” between homeowners and lenders to assist the homeowner in obtaining
a loan modification. They made an
appointment with this company and spoke with “Juan” about their mortgage situation. Mrs. Lopez expressed her concern to Juan about retaining a company to assist them with a loan modification, as she had heard that there were a lot of companies taking advantage of people in their situation. Juan assured Mrs. Lopez that he would never take advantage of his “own people” and that she
could trust him because they “spoke the same language.” Mrs. Lopez felt reassured by this, and they signed a contract for loan modification services which required an advance fee of $3,500.
Mr. and Mrs. Lopez paid the $3,500 in two installments. Shortly after receiving the second installment, Juan called Mrs. Lopez and asked if she could pay $41,000 to stop the foreclosure and reinstate their loan. Mrs. Ramirez did not have that much money available. Throughout that evening, Juan made several calls to Mr. and Mrs. Lopez, each time reducing the amount that the bank would accept to stop the foreclosure. Mr. and Mrs. Lopez finally said they could come up with just over $16,000 by borrowing some of it from relatives. Juan
The lender stated that it had never received the $16,000 payment, and
only two of the three payments made to the modification
said that his company would advance that amount to the lender, and that Mrs. Lopez should bring a cashier’s check the next day for the $16,000. Mrs. Lopez complied. When she came to the office, Juan showed her a copy of what he claimed was a check from his company to the lender for reinstatement of the loan.
Mr. and Mrs. Lopez eventually received a trial modification, and began making payments to their lender. Juan told them to make their payments directly to his company, while he negotiated the terms of the permanent modification. Mr. and Mrs. Lopez made three payments to the loan modification company. Shortly after the third payment, they received a permanent modification. The terms of the modification indicated that they were behind on payments, which were rolled into the modified loan. The lender stated that it had never received the $16,000 payment, and only two of the three payments made to the
modification company.
After multiple failed attempts to reach either Juan or the company he worked for, Mr. and Mrs. Lopez sought the assistance of IFHMB’s legal department. After investigating their case, IFHMB filed a housing discrimination case with HUD. In addition, due to the large amount of money involved, IFHMB’s legal counsel assisted Mr. and Mrs. Lopez in filing a complaint with the local office of the District Attorney, Real Estate fraud unit.
There are reliable, FREE options
to help struggling homeowners
Hype:
Fact:
Attorneys have special
influence over your lender
Mortgage Modifications cost
thousands of dollars
Mortgage Modifications can be
guaranteed by a third party
Attorneys have special access
to government funding for
foreclosure relief
You have to be behind on your
mortgage to get help
Banks often prefer direct contact with
borrowers. A third party can assist you in
the process of negotiating with your lender.
HUD Approved Housing Counseling Agencies
receive tax-payer dollars to assist with Mortgage
Modifications at no charge to you.
Modification decisions are solely up to your
lender. Lenders are not obligated to modify loans.
Anyone can apply for government programs at no
charge. Some government programs require
pre-screening and eligibility to qualify.
There are many options available for
homeowners, whether they are current or
delinquent on their mortgage.
Call HUD Approved Housing Counseling Agency
Inland Fair Housing and Mediation Board TODAY
at 1.800.321.0911 to learn about your options.
In cooperation with:
No tips. No deposits. No retainers. No attorneys. No money. No cost. No fee. IT’S 100% FREE.
GARDEN GROVE ATTORNEY CHARGED
WITH TAKING ADVANCED FEES FROM
DISTRESSED HOMEOWNERS,
FORMING PARTNERSHIP WITH
NON-LAWYERS
Contact: Laura Ernde 415-538-2028 [email protected] San Francisco, Oct. 15, 2012 – The State Bar of California has filed disciplinary charges against
a Garden Grove attorney accused of taking illegal advanced fees from distressed homeowners and partnering with non-lawyers in a large-scale loan modification scheme.
Stephen Lyster Siringoringo [Bar # 264161] has been charged with 25 counts of misconduct including collecting advance fees for loan modification services, forming a partnership with a non-lawyer, sharing fees with a non-lawyer, moral turpitude and aiding in the unauthorized practice of law.
Siringoringo heavily advertised his services in southern California, even though the state Legislature has prohibited the acceptance of advance fees for loan modification work. "Mr. Siringoringo's acceptance of advanced fees in disregard of California law is a stark
reminder that almost three years after the passage of SB 94, loan modification abuses and fraud are alive and well and that some of the most financially distressed and vulnerable members of the public are still being victimized and exploited for financial gain," said Ashod Mooradian, deputy trial counsel at the State Bar.
According to the notice of disciplinary charges against him, Siringoringo, 31, first met his non-lawyer partners Alfred Clausen and Josh Cobb, the owners and operators of Clausen & Cobb Management, Inc. (CCMI), in December 2009. Soon after, Siringoringo agreed to allow them to open an office his name in Upland, in exchange for a share of the legal fees it brought in. The office, staffed by CCMI employees who operated independently, performed legal services and with met clients without Siringoringo's supervision. The operation generated enough money to open two other locations in Siringoringo's name – in Glendale and Rancho Cucamonga.
Filed Oct. 10, the disciplinary notice lists at least 23 victims of the loan modification scam, some of them couples. It also accuses Siringoringo of “habitually” disregarding his loan modification practice and misleading his clients into believing he was actually in charge of their cases “when in truth and fact CCMI was in charge and operated the loan modification law practice known as Siringoringo Law Office or the Law Offices of Stephen L. Siringoringo.” The State Bar has placed a consumer alert on his online attorney profile page.
Siringoringo's case represents the latest in the State Bar's ongoing efforts to combat loan modification fraud. Since February 2009, the State Bar’s Office of Chief Trial Counsel has received thousands of complaints against attorneys regarding loan modification fraud. More than 100 attorneys have been disciplined so far, including 22 who have been disbarred.
###
The State Bar of California is an administrative arm of the California Supreme Court, serving the public and seeking to improve the justice system for more than 80 years. All lawyers practicing law in California must be members of the State Bar. By October 2012, membership reached 238,000.
There are reliable, FREE options
to help struggling homeowners
Taxpayer funded services. All homeowners welcome.
Call 1.800.321.0911 ext 189 for an appointment
or visit www.ifhmb.com
In cooperation with:
No tips. No deposits. No retainers. No attorneys. No money. No cost. No fee. IT’S 100% FREE.
ATTEND A FREE, TAXPAYER FUNDED
FORECLOSURE PREVENTION RESOURCES EVENT
Mortgage late? Don’t wait!
Join Inland Fair Housing and Mediation Board, A non-profit, HUD Approved Housing Counseling Agency, CHASE*, Bank of America**and local realtors associations in your area for one-on-one counseling,
resources, options for foreclosure prevention and other alternatives.
Bank of America
*CHASE: San Bernardino and Indio
**Bank of America: Victorville and Apple Valley
Date
Time
Location
Friday, November 9, 2012 9 a.m. to 4 p.m. San Bernardino Employment and Training Agency (SBETA) 600 N. Arrowhead Ave., Suite 300, San Bernardino, CA 92401
Saturday, November 10, 2012 9 a.m. to 4 p.m. IFHMB Housing Resource Center
45-110 Oasis Street, Indio, CA 92201
Friday, November 16, 2012 9 a.m. to 4 p.m. Victorville City Hall, Conference Room D
14343 Civic Drive, Victorville, CA 92392
Saturday, November 17, 2012 9 a.m. to 4 p.m. Development Services Building – Conference Center – North 14975 Dale Evans Parkway, Apple Valley, CA 92307
Saturday, November 17, 2012 9 a.m. to 2 p.m. El Centro Community Center
Anaheim, CA Neighborhood Housing Services of OC, INC
Arroyo Grande, CA SurePath Financial Solutions
Bakersfield, CA Consumer Credit Counselors of Kern and Tulare Counties
Brea, CA Consumer Credit Counseling Service of Orange County
Camarillo, CA Surepath Financial Solutions
Cajon, CA Springboard
Capitola, CA Consumer Credit Counseling Service of Santa Clara and Ventura County
China Lake, CA Consumer Credit Counselors of Kern and Tulare Counties
Chula Vista, CA Money Management International Chula Vista
Compton, CA Legal Aid Society of Orange County
El Centro, CA Inland Fair Housing and Mediation Board
Escondido, CA Community Housing Works
Fountain Valley, CA Consumer Credit Counseling Service of Orange County
Fresno, CA Community Housing Council
Glendale, CA ClearPoint Financial Solutions, Inc.
Granada Hills, CA ClearPoint Financial Solutions, Inc.
Indio, CA Inland Fair Housing and Mediation Board
Inglewood, CA Los Angeles Neighborhood Assistance Corporation of America
Laguna Hills, CA Consumer Credit Counseling Service of Orange County
Lakewood, CA ClearPoint Financial Solutions, Inc.
Long Beach, CA Operation Hope, Inc.
Los Angeles, CA Korean Churches for Community Development
Los Angeles, CA Los Angeles Neighborhood Housing Services
Los Angeles, CA Operation Hope, Inc.
Modesto, CA ClearPoint Financial Solutions, Inc.
Montebello, CA Montebello Housing Development Corp.
Norwalk, CA Legal Aid Society of Orange County
Ontario, CA Neighborhood Partnership Housing Services, INC
Oxnard, CA California Rural Legal Assistance
Rancho Cucamonga, CA Inland Fair Housing and Mediation Board
Riverside, CA Fair Housing Council of Riverside County
Rosemead, CA Springboard
San Bernardino, CA Neighborhood Housing Services of the Inland Empire
San Diego, CA Community Housing Works
San Diego, CA Neighborhood House Association
San Luis Obispo, CA Consumer Credit Counseling Service of Ventura
Santa Ana, CA Orange County Fair Housing Council, INC
Santa Barbara, CA Peoples Self-Help Housing
Simi Valley, CA Centro Familia Esperanza
Thousand Oaks, CA Consumer Credit Counseling Service Of Ventura
Van Nuys, CA Simi Valley Community Care Center
Ventura, CA Cabrillo Economic Development Corporation
Ventura, CA Consumer Credit Counseling Service of Ventura
Victorville, CA Inland Fair Housing and Mediation Board
Southern California HUD Approved Housing Counseling Agencies:
IFHMB works in cooperation with:
U.S. Department of Housing and Urban Development
National Fair Housing Alliance
Rural Community Assistance Corporation National Community Reinvestment Coalition California Reinvestment Coalition
Other Resources:
www.independentforeclosurereview.com Department of Real Estate: www.dre.ca.gov Better Business Bureau: www.bbb.org