"Own your home free and clear in 3 to 4 months. Note paid in full!"
How does this statement sound to you? Does it bring out a sentiment of grand larceny or does it peek your interest as a means to quickly and legally increase your personal net worth? Would it be moral to cancel a debt you made in such an easy and unfathomable manner? Most importantly, if you were behind on your mortgage would you pay someone $3,000 to perform this elimination service for you?
Unfortunately, the answer for many homeowners is "Yes". The statement used above is an actual sales line from a website that promotes mortgage elimination. The Better Business Bureau has issued a national fraud alert for this type of program that is sweeping the nation by way of the internet.
The purpose of this article is to give my opinion to the public as a leading loss mitigation expert that has counseled thousands of homeowners in foreclosure. I have also been contacted by many homeowners from across the nation that are in foreclosure or who have already lost homes due to the failure of this process. These people have been permanently harmed and they will have to vacate the property voluntarily or they will be forced to move by armed policeman.
I freely admit that I am biased towards the use of loss mitigation options as a proven means to help homeowners behind on their mortgages. These are the consumers who are the most vulnerable and are most likely to see this program as the ideal way to solve their delinquency. They may see themselves as victims of a monetary and banking system that has taken advantage of our ignorance to perpetrate a fraud against them. If the money was never owed, then why are they struggling to make payments? Mortgage elimination has a tremendous appeal of justice and truth when presented in this manner.
Coming back to reality- the diehard believers in the program are usually awakened to the fact that the bank sees it differently by a foreclosure or eviction notice. The bank has more resources and will win the legal fight. The guns and muscles of the local Sheriff will forcibly evict tenants from the property.
In fact, a District Court judge located in California has thrown out 15 cases filed against lenders under this elimination legal theory in 2004. Summarizing the court decision, Judge William Alsup stated that the mortgage elimination program was "an elaborate Internet Scam." He also ordered a copy of his ruling be sent to the U.S. Attorney "because of the possibility of mail fraud and wire fraud to further an internet scam." (Go to www.sacbee.com to see this story).
The attorney that brought the law suits on behalf of the elimination company was fined $10,000 for filing a frivolous law suit and the company was required to pay $77,000 in attorney fees on behalf of the lenders named in the suit.
The Court has spoken loud and clear at least 15 times on this issue. Mortgage elimination will not work and is not an acceptable legal theory to justify not repaying your mortgage obligation. The conspiracy theory by the Federal Reserve to allow bankers to create money does not constitute legal grounds for you to opt out of a debt that you voluntarily entered into. A jury, responsible for their own mortgage payments, would never allow you to get away with not paying your mortgage.
Those homeowners that are behind on the mortgage and or looking for help should contact a loss mitigation specialist/housing counselor that is experienced in presenting work out solutions to mortgage lenders. Traditional financial principles of budgeting, prioritization and crisis management have a stellar track record of stopping foreclosure and bankruptcy and they will work for you as well. You can obtain a Free copy of the book, How to Save Your Home, by visiting www.syhuniversity.com
Those homeowners already involved with a mortgage elimination program should make the decision right away whether they want to save their homes or become a martyr for the mortgage elimination crusade. If you decide to save the home, you must contact an attorney and a loss mitigation specialist to help you with this matter. There are serious title issues if you have deeded the property out of your name into a trust or other instrument. You will need a real estate attorney to advise you on this matter.
The good news is that the mortgage company does not want your home and will help you if you make the right decisions.
Herbert Addison, JD is a former consumer law attorney and is President of Save Your Home, Inc., a nationally acclaimed loss mitigation firm located in Columbia, South Carolina. Mr. Addison is co-author of the book, How to Save Your Home, that teaches homeowners how to properly negotiate foreclosure alternatives with mortgage lenders. He has been published in Service Management, the leading magazine to the default management and servicing industry and is a professional speaker.He can be reached at 877-212-1880. His websites include http://www.syhuniversity.com; http://www.saveyourhome.info and http://www.contacttheexpert.com. Email: taddison@saveyourhome.info.
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