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Homebuyers and
homeowners are targets for a variety of rip-offs and scams. It helps
to stay wary and informed. A useful book to ask for in your library
is Easy Money, by Charles R. Whitlock (New York: Kensington
Books, 1994. $18.95 US), which describes con games and schemes of
all kinds.
Credit "Doctors"
You probably know that
your credit history affects your ability to obtain mortgage credit.
You also probably are aware that you have the right to obtain a copy
of your credit report and to challenge incorrect information. What
the "credit doctors" suggest is that they can use this
process to ensure that your credit file will show up as clean when
you apply for a mortgage.
Credit "doctors"
are a rip-off because (a) you probably do not need them and (b) if
your credit history truly is bad they cannot help you. They are
vultures out to prey on your fear of not obtaining credit.
One reason that you do
not need the credit "doctor" is that your credit history
does not have to be squeaky clean to obtain a mortgage loan. A
standard mortgage industry joke is the "30-day late from Sears."
For a while, Sears reporting was known to be so unreliable that the
joke was if your report did not show a late payment on your Sears
account then there must be something wrong with you.
Regardless of whether
you have had problems with a Sears account or another account, you
do not need perfectly clean credit history to obtain a mortgage. In
very rare instances, your credit file may get polluted with bad
information from someone else's credit file. You can learn about
this by obtaining a copy of your credit report.
If you are turned down
for a mortgage loan because of your credit history, ask your lender
for a copy of the credit report. If it is clearly a case of a
messed-up file, talk to your lender about getting it straightened
out. The lender wants to make the loan, and they will be glad to
help without charging you the "credit doctor" fee.
Finally, if your
credit file truly reflects a history of lapses on your part, the "credit
doctor" may only make things worse. For example, if you fire
off a series of disputes to the credit reporting agencies, these
will be resolved quickly (because the law requires quick resolution
to protect consumers). Because the timing of dispute resolution may
vary across agencies, mortgage lenders who obtain multiple credit
reports (and nearly all of them do so) will see conflicting reports,
which is a red flag that forces them to scrutinize your credit more
carefully.
A particularly
dangerous suggestion that I've seen posted to newsgroups is that you
can clear up your credit by obtaining a new social security number.
Do not pay a credit "doctor" to do this for you. First,
obtaining a social security number for such a purpose is illegal.
Second, it does not cost you anything to apply for a new social
security number yourself, so there is no reason to pay someone else
to do it for you. Third, a new social security number will not help
you with your credit. Some credit repository algorithms will link
your new number to your old number based on your name and address
(they need this capability because sometimes social security numbers
get mis-typed). And if they don't, it's even worse. If you are say,
32 years old, and have a credit file that only goes back 6 months,
you may have a more difficult time getting a mortgage than if you
had a credit file with a couple of bad trade lines in it. Length of
credit history is one of the most powerful indicators of credit
quality, so having a "fresh" credit file is nothing but a
big red flag.
Schemes Before You Buy
When you buy a house,
you should have an attorney of your choice working for you. If you
do not want to spend money for an attorney, then study real estate
law carefully. Start with Pollain's book. An attorney should help
you avoid the schemes below.
Straw Buyer
The idea here is to
have someone with better qualifications than the homebuyer obtain
the mortgage for the house. If you are asked to be a straw buyer in
a transaction, you will be liable for the mortgage. You also may be
subject to criminal prosecution. Any fee you might get for lending
your name to the transaction is not worth these risks.
Closing Rip-Offs
Lenders have been
known to quote a low interest rate or fee when you apply for a loan,
and then wait until settlement to "surprise" you with a
higher rate or additional fees. If a large lender with a reputation
at stake does this, call their top executives.
Kickback Fees
Your real estate agent
may be very happy to take care of every aspect of your
transaction--finding a lender, a settlement attorney, etc. While
this may make you feel relieved, you should check into the prices
being charged and compare with those that you can obtain on your
own. The agent could be motivated by kickbacks from the other
parties to the transaction. Never believe somebody who says "If
you apply for a loan yourself, you'll get turned down. I can get you
approved." Take that to mean, "I don't want you to apply
for a loan yourself, because I'll lose my kickback."
Fees For Nothing
Many scam artists will
promise people with bad credit that they can obtain mortgage loans.
The scam artist charges an application fee, makes all sorts of "guarantees"
that the loan will go through, and then finds a reason to back away
from the deal. They prey on your fear of being denied credit. My
advice is to forget your fears and apply for a loan with a reputable
institution.
Schemes After You Buy
Servicing Scams
Once you have a
mortgage, someone may write you a letter giving a new address to
send payments. Usually, this is a legitimate transfer of servicing.
However, before you send your payment to the new address, always
call your old lender to confirm the transfer. People have been known
to send bogus letters, and then you end up sending your money to
someone who is just ripping you off.
Another servicing scam
is when someone offers to save you money by converting you to a
biweekly mortgage. Supposedly, you pay them every two weeks, they
send the money to the lender, and you save money because the loan
pays off more quickly. This typically is a rip-off, because the
intermediary either charges an exorbitant fee or absconds with your
payments. If you want to save on interest costs on your mortgage,
you always can send in extra principal payments directly to your
mortgage lender, particularly in a month where you get three
paychecks because they come biweekly.
Foreclosure "Help"
If you fall behind in
your loan payments, someone may offer to "help" you avoid
foreclosure--for a fee. This is likely to be a rip-off. Your lender
is highly motivated to avoid foreclosure and should be able to
provide you with just about all the appropriate assistance you would
need.
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