General Housing Information Article


Predatory Lending Schemes and Scams

Beware Of Predatory Lending Schemes

Most mortgage lenders are reputable and provide a valuable service by allowing families to own a home without saving the thousands or hundreds of thousands of dollars necessary to buy it outright. However, a few, unscrupulous lenders, especially those who make high risk second mortgages, engage in predatory lending practices that can increase the likelihood that a borrower will lose his or her home to foreclosure. These abusive practices include making a mortgage loan to an individual who does not have the income to repay it, charging excessive interest, points and fees or repeatedly refinancing a loan without providing any real value to the borrower.

Borrowers facing unemployment and/or foreclosure are frequent targets of predatory lenders because they are desperate to find any "solution" to their default.

Homeowners frequently receive refinance offers in the mail telling them that they have been "pre-approved" for credit based on the equity in their home. When you are wondering how you are going to pay your mortgage and other bills, it may appear very attractive to borrow against your house. But consider this, if you cannot make your current payments, increasing your debt, even if you get some temporary cash, will make it harder to keep your home.

Beware of Scams:

  • Equity skimming: a buyer offers to repay the mortgage or sell the property if you sign over the deed and move out.
  • Phony counseling agencies. Some groups calling themselves "counseling agencies" may approach you and offer to perform certain services for a fee. These could well be services you could do for yourself for free, such as negotiating a new payment plan with your lender, or pursuing a pre-foreclosure sale. If you have any doubt about paying for such services, call a HUD-approved housing counseling agency at (800) 569-4287 or TDD (800) 877-8339. Do this before you pay anyone or sign anything. Don't sign any papers you don't fully understand.
  • Make sure you get all "promises" in writing.
  • Beware of any contract of sale of loan assumption where you are not formally released from liability for your mortgage debt.
  • Check with a lawyer or your mortgage company before entering into any deal involving your home.
  • If you're selling the house yourself to avoid foreclosure, check to see if there are any complaints against the prospective buyer. You can contact the Arizona Office of the Attorney General Consumer Fraud Unit for this type of information.
  • Do not sign anything you do not understand. It is your right and duty to ask questions.
  • Information is your best defense against becoming a victim of predatory lending especially for a desperate homeowner! 

Where to Report Suspected Predatory Lending – homeowners can contact the Arizona Office of the Attorney General, or call 1(800) 352-8431 to get information on what steps to take to file a complaint. You may also want to look at Predatory Lending Brochure from the Office of the Attorney General. 

For more information about Predatory Lending go to:

HUD's Predatory Lending Web Site

Attached Document
.pdf Predatory Lending Schemes and Scams


Comments:

QUESTIONS

  • I am considering buying a house in Mesa, and looked on the Maricopa County Recorder website fnd see that the owner is listed as a conservator with ownership with minor children as conservatorship. What does this mean? Does this mean minors can own property in AZ?
  • we are currently listed as owner's to a mortgage but signed transfer of property- deed papers to an investor of whom we have been making monthly payments to. We have been informed by the mortgage that our payments have not been submitted and that we will soon be in foreclosure. What can we do? This investor promised to assume the mortage as well as the property but really only filed tranfer of property and continues to collect our money, of which has been steady each month.
  • My girlfriend and I have a lease on a house until June 2020. Things have broken down with us. She wants to move out and stick me with the lease. We are both signers on the lease and they used both our credit and income to get the house. We have been here since 2016. And re-upped a 2 year lease June of last year. I do not want to move, BUT I do not want to get stuck paying the entire $1700/mo. Please let me know what I can do not to get screwed over by her.
  • We just rcvd ltr stating that our lease will not be renewed and we will have to move by end of April, 2020. The problem with that is COVID-19 and we also have four children under the age of eight with one child being on the learning spectrum. It is a very difficult time now during this pandemic to try to find another place to live, obtaining a moving company and just the stress of it all. We would still be able to pay our rent, so that isn't the problem, but do we have any rights as renters as we are renting a house not apartment at this time?
  • My ex and I bought a house in Feb 2018 and after he cheated on me we broke up. The title is in both of our names so I know he has just as much as a right as I do for the house. However, I am living there until we make a decision on how we will be handling the house. On 9/27 he came in and took appliances out of the home. Is this legal? I was lead to believe that the appliances could not be removed or sold by either parties.
  • My friend is living at a transitional housing place. They have 6 people crammed into one bedroom. Is there a law that specifies how many people are safely allowed per room ?
  • I have two roommates I no longer want in the private mobile home I am purchasing from owner how do I get them to move
  • I am a new tenant on section 8 housing as a tenant doi have to stay in a apartment that has roaches and I'm constantly complaining. I feel no human being should have to be subject to live like this just because your low income. What can I do please help
  • i live in an senior apt complex. My neighbor died next door to me it was the end of the month the apt manager when the kids came to move the furniture out was given paperwork stating they now owed next month rent and charges which totaled 1200 the rent was 565.00. The manager presented it in a hostile manner. The kids didnt have the money to bury their parent let alone pay this bill and the reason for the bill in the first place? Because a proper 30 day notice wasnt given. How the hell are you suppose to give a notice when you have dropped dead literally. Is that legal?
  • I rented a housefrom aperson that was not the real owner.He pretended. I paid for security deposit and 1st months rent. Well yesterday a man came over and asked me what i was doing in his house. So i explained to him what happened. So now i have 3 days to get out with my family. Can he do that even if i recieve mail there electricity is in my name. What can i do. I got scammed 1700

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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