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

  • HOA is trying to garnish rent from tenants for back HOA dues. Is this legal since there is no relationship between the HOA and the tenants?
  • I own a condo which is part of an HOA, they recently redid our plumbing (common property) and had the water off making our unit uninhabitable and my family had to live in a hotel room for a week. This was an expense that we cannot afford. Should the HOA be responsible for paying our hotel stay since the repairs on common property,plumbing, made our unit uninhabitable?
  • my question is: reguarding "earnest deposits" and when they are not refundable/ also what does it mean when you have "first right of refusal to rent a specific property/,
  • There is a lady that I was doing a roof for and she came out side her house and blew up on me about getting things done and I have been getting them done. And I left to carry a trailer back to a metal shop and all my tools are at her house now she will not give me my tools back is this against the law?
  • What can I do if the landlaord turns off the chiller system for the whole apartment complex and it's over 100 degrees outside
  • Is there an occupancy limit to the number of people who can live in a one bedroom duplex or a one bedroom apartment?
  • Can a son sign over his house to his father if he can no longer afford to make the payments?
  • We sold a home in Hereford AZ that is in an HOA. At closing we were charged $800 for a disclosure fee. The state statute allows a maximun of $400. We told the HOA this and they refused to let us close unless this was paid. The statute also states that the HOA could be fined up to a $1200 for this. Who can we complain to to get get this investigated?
  • My daughter owns a home in Peoria and has enough land for me to sit a mobile home or motor home on to live in. Is there any law or zoning restrictions i have to obey?
  • The CC&R states no clothesline. The home we are in was built in 1979. Is there a conflict with ARS 33-439 and ARS 44-1761? Can I legally put up a clothesline to dry clothes in my unfenced backyard?

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
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