Archive for Law
Jan
15
San Diego Foreclosures For Sale
Never have there been so many tools for employment lawyers to help the newly fired either to win damages for discrimination or to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination.
From San Diego to Orange County where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as Palm Springs and throughout the Inland Empire where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.
If youâve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work, visit our website at http://www.sebastiangibsonlaw.com and call us at any of the numbers easily found on our website.
Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.
One of the best tools an employment lawyer has is often the employeeâs company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.
Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the companyâs own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didnât realize how they were supposed to respond to an employeeâs reports of harassment or that they didnât know they couldnât fire someone for making such reports.
Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.
Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a childâs school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.
For California Employment Lawyers such as myself who are also Womenâs Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and womenâs rights attorneys with yet another tool in our arsenal to fight for employeeâs and womenâs rights.
Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.
In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didnât learn of the unfairness and take action within 180 days of first being paid the lesser rate.
Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.
An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.
Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.
Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.
California also has itâs own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.
For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.
Layoffs of caregivers providing care to sick family members may also violate federal law.
And all of these tools are still in addition to the tools an employment litigation lawyer has against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.
Visit our website at http://www.sebastiangibsonlaw.com and call us if you have been discriminated against or are the victim of retaliation by an employer in California or if you have been receiving less pay than a person of the opposite sex for the same work by your employer.
It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there werenât violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.
If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in California by your employer, we invite you to call our office.
Visit our website at http://www.sebastiangibsonlaw.com if you are the victim of employment discrimination, retaliation or of discriminatory compensation in California. We have the knowledge and resources to be your California Employment Lawyer and California Employment Attorney anywhere in Southern California from San Diego to Orange County, and Santa Barbara to Palm Springs and all points in between, including Anaheim, Newport Beach, Fullerton, Temecula, Riverside, San Luis Obispo, Oceanside, Chula Vista, Ontario, Rancho Cucamonga and Palm Desert.
Nov
27
Got Foreclosure Trouble? Understanding Non-judicial Foreclosure
Posted by: | CommentsSan Diego Foreclosures For Sale
Non-Judicial foreclosure is the process by which your mortgage lender, under the specific and express terms of your mortgage, will claim a legal right to your property and proceed with having your property sold at a public auction in the absence of a formal judicial hearing or proceeding. Since the courts do not administer the foreclosure process in a non-judicial foreclosure state, the authority and responsibility lies with the trustee who must follow the strict rules governing the foreclosure and sale process in your state.
The major advantage of non-judicial process is that the mortgage lender, in most cases, is not permitted to pursue a deficiency judgment against you in the event that your property sells for less then the amount you still owe on your home loan.
How long does non-judicial foreclosure take?
A non-judicial foreclosure starts when the trustee, at the request of your lender, prepares and mails to you a legal document known as a “Notice of Default and Election to Sell”. This document, in most cases, is your official notice that because of your non-payment and default of your loan, a non-judicial foreclosure process has commenced and that the lender intends on proceeding with the sale of your home at a public auction. The proceeds of such a sale will be used to payoff your loan with the lender.
In most cases, the non-judicial foreclosure process will take between two to four months to complete leading to the sale of the property. This is your window of opportunity to attempt to stop the foreclosure process. You should know that the time period could turn out to be longer if the trustee fails to fully comply with the terms of mortgage documents or if the trustee violates any of the many rules governing the foreclosure process in your state.
What is a Notice of Default and Election to Sell?
The trustee must comply with the laws governing recording, mailing, posting the Notice of Default and Election to Sell. However, in most cases, there is no legal requirement that you receive “actual” notice of the foreclosure. This sounds surprising in light of the importance of notice in all legal proceedings. Most courts have ruled that a foreclosure is valid so long as the trustee carried out the notification procedures in compliance with your states law, irrespective of whether you were unable to learn of the notice because you were out of the state or engaged in other matters when the notice was sent to you.
What is the Reinstatement Period?
This area is often confused with the homeowners right of redemption which is completely different. Depending on your specific state law, reinstatement normally commences upon the mailing of the Notice of Default to your home and ends sometime before to the trustee’s sale of your property. The critical feature of the Reinstatement Period is that it provides you with a way to stop the foreclosure process by bringing your mortgage payments fully current again. The lender may also request that you that you reimburse them for attorney and trustee fees that they incurred in the foreclosure process.
How do I reinstate?
It is recommended that you contact the trustee immediately and inform him of your intention to reinstate and bring your loan current. You will first need to obtain from the trustee the exact amount you will need to pay to bring your loan current again. The trustee by law must provide you with this information promptly. Should you pay that amount to the trustee, he must by law immediately stop the foreclosure process. You should then receive the trustee’s notice of termination of foreclosure, which is your proof that the foreclosure proceedings have ended. The notice should also be officially recorded to protect your title to the property.
What about partial repayment?
Most lenders will NOT accept partial payment within the reinstatement period. However, you should consider this option if your lender is open to it and agrees to postpone the foreclosure and you are able to convince the lender of your ability and intention to bring the loan payments current again. Be careful though, you don’t want to be making partial payments if you think you will not be able to bring your payments current again. You could end up losing more money and still end up getting you’re home foreclosed.
It is important to be both realistic and candid with your lender. Also keep in mind that partial payment will not by itself operate to extend the reinstatement period or terminate the foreclosure process. To accomplish these concessions, your lender must agree to do so expressly and in writing.
What is the Notice of Trustee Sale?
After the Notice of Default is issued, and assuming you have not brought your loan current during the reinstatement period, the trustee will issue a Notice of Trustee Sale. The purpose of this document is to notify you and others of the exact time and date your property will be put up for sale by auction. The date of sale is typically about two-to-four weeks after you first received the Notice of Trustee Sale. You might be able to stall the process by a few weeks if you notice any material inaccuracies in the Notice of Sale and you communicate the same to the trustee in writing.
For this and more information on debt, bankruptcy and foreclosure visit www.gottrouble.com/legal/finance/index.html
This trouble tip was brought to you by www.GotTrouble.com
Copyright – All Rights Reserved – 2007 GotTrouble.com Inc.
Nov
20
San Diego Foreclosures For Sale
Today, it is estimated that one in ten homeowners is either in foreclosure or behind in their payments. As the economic crisis becomes more severe and the recession feeds upon itself, people have become more and more desperate to find some way to hold onto their houses. With such conditions, the average member of the public is ripe for a scam and the and those who try to dupe you or use trickery know this. It is no surprise, therefore that the number of foreclosure and loan modification scams are on the rise.
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Those who are most likely to be targeted by persons attempting to perpetrate a fraud are the elderly, anyone entering foreclosure, people who have recently lost their jobs, families who have lost a loved one, people who have limited knowledge of English, people with limited resources, and homeowners whose payment amounts have recently been raised.
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The moment you enter foreclosure, you can expect to be inundated with offers of help from many individuals with generic type sounding names, and some claiming even to have references from churches or other social organizations near you. These are, in most cases, some of the people you should stay away from at all cost.
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The person who will approach you in this type of scam is more often than not, well-dressed, well groomed, and seems personable, kind, and trustworthy. Some utilize social skills to put you at ease such as their representation to be of the same religion as you, or even the same church, to have been in the military if they think that will put you at ease or feel more trusting of them, and others will claim to be working for non-profit organizations, or branches of the government.
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If you need help selling or finding a home or land in Southern California, in Riverside County, San Bernardino County, Orange County or San Diego County or anywhere in the Inland Empire or Coachella Valley including Palm Springs, Palm Desert, Indio, La Quinta, Indian Wells or Rancho Mirage, call us at any of the numbers you find on our website at http://www.SebastianGibsonProperties.com
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In the interim, these are some of the most common scams you should be aware of and hereâs what you can do to avoid being a victim of such real estate scams, ripoffs and frauds.
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1) The Disappearing Foreclosure Consultant – With a helpful sounding name, and armed with references and a kind voice, the person who contacts you promises to help you stave off foreclosure with just an up-front fee for their time. The only problem is, as soon as the money clears their bank, you never see or hear from them again. The soon-to-be phantom performs little or no service, takes your money and you are left with your original problems and less time to try to save your home from foreclosure.
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2) Loan Modification Helpers – Unlike Santaâs Helpers, in this scam you pay a fee up front to the “loan modification expert” to negotiate directly with your bank, only here you donât get a present from Santa. If the expert really gains your trust, you also make your mortgage payments directly to the expert rather than to the mortgage company. Both the up front fee and the mortgage payments go directly into the pocket of the loan modification helper with the white beard and the kind voice and by the time you receive notice that your house is in foreclosure, this elf has disappeared and is back at the North Pole.
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3) Just Sign Here Scams – As you face the prospect of foreclosure, one offer of help seems far better than all the others because it allows you to stay in your home as they save it from foreclosure. Unfortunately, in the papers you sign without having a lawyer look at them, you agree, knowingly or unknowingly, to sign over the house to the person offering this help and still remain responsible for the mortgage payments. The person then either sells your house, collects other fees from you or holds onto the house and evicts you.
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4) Sale and Leaseback Scams – In this scam, if you are a homeowner who still has some equity in your home, you will be convinced to sign over title in your home and pay rent to the scam artist with the promise that they can bail you out, cure your problems and that you will be allowed to buy back the house later at a bargain price. All of this can be accomplished, but only if the property is in the consultantâs name. The payments you make go directly to the scam artist and eventually you will find yourself holding the bag. You may also find yourself evicted when you can no longer make the excessive rent payments. If you have lost your job and are having trouble making your house payments, even if you have equity in your home, you may be tempted by this scam. And while you would be entitled to the excess equity in your home if the house is sold in foreclosure, when you fall victim to this scam, you will lose the equity when it is either sold out from under you or the equity is stripped away by the new owner.
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5) The Trust Me, Iâm Religious or I Was In The Military Too Scam – These people posing as Christians, former members of the military or members of whatever social organizations you belong to come complete with references from members of your church or with military haircuts and promise that by adding them to the title to your home, they can rescue you from foreclosure, and have your credit repaired. Having gone through your mail or your trash, they probably know all about you. Thereâs no need to see a lawyer, they tell you. Just pray with them or have a drink with them and swap military stories. Just be sure to hold on to your wallet, donât give them any money and donât sign anything.
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6) Sign Me Up Scotty And Get A New Loan Scam – In this scam, you are told that if you add the nice looking good Samaritan onto your title by signing a Grant Deed or other legal instrument, (which you are told, you donât really need to read) this friendly person can apply for a new loan, which, unfortunately, if approved, will leave you on the hook for both the old loan payments and the new loan payments, and any up front fees you pay for this service will disappear with this fraud.
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7) Buy My Books, Take This Seminar And Make Millions Scam – You may see this offer on late night television, on roadside signs or even on billboards. Only this time, you are talked into buying materials that are full of worthless information that will do nothing to help you avoid foreclosure. Even worse, the materials you receive may offer advice that will land you in jail by telling you how to approach others in foreclosure and advise you to tell them you can save them from foreclosure. The trouble is, what you will be doing is either practicing law without a license or acting as a credit repair agency or loan modification expert without a real estate license and without an advance fee agreement approved by the Commissioner of the California Department of Real Estate and without being registered with the California Department of Justice.
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The Short Sale Scam – In this scam, the “short sale specialist” who contacts you promises his expertise to accomplish a short sale in a small amount of time that will protect your credit. There is a fee of course that would have been better spent on groceries. When the real estate market was better, there were additional wrinkles to this scam that today are more difficult to perpetrate due to the difficulty of selling homes in this economy.
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9) Itâs Like Magic – Here the homeowner is told to sign one thing, but the homeowner winds up signing something altogether. In some instances of this bait and switch scam, the scam artist will serve as the notary as well. In conjunction with this and other scams, or in other variations, forgery may be utilized, and identity theft employed as well.
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10) Want Somewhere Cheap To Rent Scam – Here the bogus homeowner or leasing agent takes your rent payment and security deposit and rents or leases you vacant residential or commercial property, that isnât owned by the person you are talking with and if you are talking with a leasing agent, this “agent” has no authority to offer you the property for rent or lease.
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Here are the five tips of advice we recommend to anyone in this situation being approached by people offering help.
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1. Avoid any solicitations of help that come unexpectedly, by mail, e-mail and by phone or to your door.
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2. Avoid using any help agency whose name you find on roadside signs such as those which state “We Buy Homes For Cash” and those which promise to “Stop Foreclosure.”
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3. Avoid paying up-front fees to foreclosure or loan modification experts.
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4. Disregard anyone who tells you not to talk to your bank or tells you to avoid consulting with a lawyer.
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5. Donât sign anything without having it reviewed by a real estate lawyer.
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Red flags to you that you are about to be scammed should include requests of you for any of the following: to pay money up-front before any service has been performed, payment by cash, cashierâs checks or bank wires only, transfers of title, actions to be taken immediately, power of attorney, signatures on grant deeds, signatures without any explanation or while under time constraints, signatures on incomplete documents, and mortgage payments to persons other than the mortgage company.
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Other red flags include unqualified promises, offers that sound too good to be true, failures to provide you with copies of what you sign, oral promises that are in conflict with written provisions, refusals to put the oral promises in writing, oral statements that the provisions in writing donât mean what they say or wonât be enforced, and warnings not to discuss the matter with an attorney, your lender or anyone else.
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In the Inland Empire and Riverside County, you can count on Sebastian Gibson for all your real estate needs from Palm Springs to Palm Desert, from Indio to La Quinta, in Indian Wells and Rancho Mirage, from Cathedral City to Coachella, in Yucca Valley and Twentynine Palms. To learn more about
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To learn how we can help you in finding, listing or selling your home, land, or horse property in Southern California, the Inland Empire, Riverside County, San Bernardino County, Orange County or anywhere in the Coachella Valley, call Sebastian Gibson Properties at any of the numbers on our website at http://www.SebastianGibsonProperties.com
The Realtors of Sebastian Gibson Properties serve all of Southern California including Riverside County, San Bernardino County, Orange County, San Diego County, the Inland Empire and all of the Coachella Valley in assisting in transactions involving homes for sale, land for sale, and horse property for sale in cities such as Palm Springs, Palm Desert, Indio, La Quinta, Indian Wells, Rancho Mirage, Cathedral City, Coachella, Yucca Valley, Twentynine Palms, Desert Hot Springs and Joshua Tree.
Visit our website at http://www.SebastianGibsonProperties if you need assistance with finding a home or land or with a home for sale, land for sale or horse property for sale. We have the knowledge and resources to represent you as your Palm Springs Realtor and Palm Springs Real Estate Agentin any transaction including homes for sale in Palm Springs, land for sale in Palm Springs and horse property in Palm Springs or anywhere in Southern California.
Nov
19
San Diego Foreclosures For Sale
Here is our top ten for Palm Desert:
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1. Children laugh at your Home For Sale sign as they ride by on their bicycles.
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2. The bank keeps pleading with you not to give them your house.
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3. Real estate agents hang up when you ask them to list your house.
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4. Government bailout plans to prevent foreclosures specifically exempt your house from any help.
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5. Joe the Plumber wonât work on the plumbing.
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6. Sarah Palin canât think of any mavericky ways to help you.
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7. The neighborâs auction didnât produce any bidders.
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8. You didnât get a single bid on ebay.
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9. Your house is always used as an example of the housing slump by your local news.
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10. They refused to do a house makeover of your home on TV.
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Today, it is estimated that one in ten homeowners is either in foreclosure or behind in their payments. As the economic crisis becomes more severe and the recession feeds upon itself, people have become more and more desperate to find some way to hold onto their houses. With such conditions, the average member of the public is ripe for a scam and the and those who try to dupe you or use trickery know this. It is no surprise, therefore that the number of foreclosure and loan modification scams are on the rise.
Â
Those who are most likely to be targeted by persons attempting to perpetrate a fraud are the elderly, anyone entering foreclosure, people who have recently lost their jobs, families who have lost a loved one, people who have limited knowledge of English, people with limited resources, and homeowners whose payment amounts have recently been raised.
Â
The moment you enter foreclosure, you can expect to be inundated with offers of help from many individuals with generic type sounding names, and some claiming even to have references from churches or other social organizations near you. These are, in most cases, some of the people you should stay away from at all cost.
Â
The person who will approach you in this type of scam is more often than not, well-dressed, well groomed, and seems personable, kind, and trustworthy. Some utilize social skills to put you at ease such as their representation to be of the same religion as you, or even the same church, to have been in the military if they think that will put you at ease or feel more trusting of them, and others will claim to be working for non-profit organizations, or branches of the government.
Â
If you need help selling or finding a home or land in Southern California, in Riverside County, San Bernardino County, Orange County or San Diego County or anywhere in the Inland Empire or Coachella Valley including Palm Springs, Palm Desert, Indio, La Quinta, Indian Wells or Rancho Mirage, call us at any of the numbers you find on our website at http://www.SebastianGibsonProperties.com
Â
In the interim, these are some of the most common scams you should be aware of and hereâs what you can do to avoid being a victim of such real estate scams, ripoffs and frauds.
Â
1) The Disappearing Foreclosure Consultant – With a helpful sounding name, and armed with references and a kind voice, the person who contacts you promises to help you stave off foreclosure with just an up-front fee for their time. The only problem is, as soon as the money clears their bank, you never see or hear from them again. The soon-to-be phantom performs little or no service, takes your money and you are left with your original problems and less time to try to save your home from foreclosure.
Â
2) Loan Modification Helpers – Unlike Santaâs Helpers, in this scam you pay a fee up front to the “loan modification expert” to negotiate directly with your bank, only here you donât get a present from Santa. If the expert really gains your trust, you also make your mortgage payments directly to the expert rather than to the mortgage company. Both the up front fee and the mortgage payments go directly into the pocket of the loan modification helper with the white beard and the kind voice and by the time you receive notice that your house is in foreclosure, this elf has disappeared and is back at the North Pole.
Â
3) Just Sign Here Scams – As you face the prospect of foreclosure, one offer of help seems far better than all the others because it allows you to stay in your home as they save it from foreclosure. Unfortunately, in the papers you sign without having a lawyer look at them, you agree, knowingly or unknowingly, to sign over the house to the person offering this help and still remain responsible for the mortgage payments. The person then either sells your house, collects other fees from you or holds onto the house and evicts you.
Â
4) Sale and Leaseback Scams – In this scam, if you are a homeowner who still has some equity in your home, you will be convinced to sign over title in your home and pay rent to the scam artist with the promise that they can bail you out, cure your problems and that you will be allowed to buy back the house later at a bargain price. All of this can be accomplished, but only if the property is in the consultantâs name. The payments you make go directly to the scam artist and eventually you will find yourself holding the bag. You may also find yourself evicted when you can no longer make the excessive rent payments. If you have lost your job and are having trouble making your house payments, even if you have equity in your home, you may be tempted by this scam. And while you would be entitled to the excess equity in your home if the house is sold in foreclosure, when you fall victim to this scam, you will lose the equity when it is either sold out from under you or the equity is stripped away by the new owner.
Â
5) The Trust Me, Iâm Religious or I Was In The Military Too Scam – These people posing as Christians, former members of the military or members of whatever social organizations you belong to come complete with references from members of your church or with military haircuts and promise that by adding them to the title to your home, they can rescue you from foreclosure, and have your credit repaired. Having gone through your mail or your trash, they probably know all about you. Thereâs no need to see a lawyer, they tell you. Just pray with them or have a drink with them and swap military stories. Just be sure to hold on to your wallet, donât give them any money and donât sign anything.
Â
6) Sign Me Up Scotty And Get A New Loan Scam – In this scam, you are told that if you add the nice looking good Samaritan onto your title by signing a Grant Deed or other legal instrument, (which you are told, you donât really need to read) this friendly person can apply for a new loan, which, unfortunately, if approved, will leave you on the hook for both the old loan payments and the new loan payments, and any up front fees you pay for this service will disappear with this fraud.
Â
7) Buy My Books, Take This Seminar And Make Millions Scam – You may see this offer on late night television, on roadside signs or even on billboards. Only this time, you are talked into buying materials that are full of worthless information that will do nothing to help you avoid foreclosure. Even worse, the materials you receive may offer advice that will land you in jail by telling you how to approach others in foreclosure and advise you to tell them you can save them from foreclosure. The trouble is, what you will be doing is either practicing law without a license or acting as a credit repair agency or loan modification expert without a real estate license and without an advance fee agreement approved by the Commissioner of the California Department of Real Estate and without being registered with the California Department of Justice.
Â
The Short Sale Scam – In this scam, the “short sale specialist” who contacts you promises his expertise to accomplish a short sale in a small amount of time that will protect your credit. There is a fee of course that would have been better spent on groceries. When the real estate market was better, there were additional wrinkles to this scam that today are more difficult to perpetrate due to the difficulty of selling homes in this economy.
Â
9) Itâs Like Magic – Here the homeowner is told to sign one thing, but the homeowner winds up signing something altogether. In some instances of this bait and switch scam, the scam artist will serve as the notary as well. In conjunction with this and other scams, or in other variations, forgery may be utilized, and identity theft employed as well.
Â
10) Want Somewhere Cheap To Rent Scam – Here the bogus homeowner or leasing agent takes your rent payment and security deposit and rents or leases you vacant residential or commercial property, that isnât owned by the person you are talking with and if you are talking with a leasing agent, this “agent” has no authority to offer you the property for rent or lease.
Â
Here are the five tips of advice we recommend to anyone in this situation being approached by people offering help.
Â
1. Avoid any solicitations of help that come unexpectedly, by mail, e-mail and by phone or to your door.
Â
2. Avoid using any help agency whose name you find on roadside signs such as those which state “We Buy Homes For Cash” and those which promise to “Stop Foreclosure.”
Â
3. Avoid paying up-front fees to foreclosure or loan modification experts.
Â
4. Disregard anyone who tells you not to talk to your bank or tells you to avoid consulting with a lawyer.
Â
5. Donât sign anything without having it reviewed by a real estate lawyer.
Â
Red flags to you that you are about to be scammed should include requests of you for any of the following: to pay money up-front before any service has been performed, payment by cash, cashierâs checks or bank wires only, transfers of title, actions to be taken immediately, power of attorney, signatures on grant deeds, signatures without any explanation or while under time constraints, signatures on incomplete documents, and mortgage payments to persons other than the mortgage company.
Â
Other red flags include unqualified promises, offers that sound too good to be true, failures to provide you with copies of what you sign, oral promises that are in conflict with written provisions, refusals to put the oral promises in writing, oral statements that the provisions in writing donât mean what they say or wonât be enforced, and warnings not to discuss the matter with an attorney, your lender or anyone else.
Â
In the Inland Empire and Riverside County, you can count on Sebastian Gibson for all your real estate needs from Palm Springs to Palm Desert, from Indio to La Quinta, in Indian Wells and Rancho Mirage, from Cathedral City to Coachella, in Yucca Valley and Twentynine Palms. To learn more about
Â
To learn how we can help you in finding, listing or selling your home, land, or horse property in Southern California, the Inland Empire, Riverside County, San Bernardino County, Orange County or anywhere in the Coachella Valley, call Sebastian Gibson Properties at any of the numbers on our website at http://www.SebastianGibsonProperties.com
The Realtors of Sebastian Gibson Properties serve all of Southern California including Riverside County, San Bernardino County, Orange County, San Diego County, the Inland Empire and all of the Coachella Valley in assisting in transactions involving homes for sale, land for sale, and horse property for sale in cities such as Palm Springs, Palm Desert, Indio, La Quinta, Indian Wells, Rancho Mirage, Cathedral City, Coachella, Yucca Valley, Twentynine Palms, Desert Hot Springs and Joshua Tree.
Visit our website at http://www.SebastianGibsonProperties if you need assistance with finding a home or land or with a home for sale, land for sale or horse property for sale. We have the knowledge and resources to represent you as your Palm Desert Realtor and Palm Desert Real Estate Agentin any transaction including homes for sale in Palm Desert, land for sale in Palm Desert and horse property in Palm Desert or anywhere in Southern California.
Oct
25
San Diego Foreclosures For Sale
Today, it is estimated that one in ten homeowners is either in foreclosure or behind in their payments. As the economic crisis becomes more severe and the recession feeds upon itself, people have become more and more desperate to find some way to hold onto their houses. With such conditions, the average member of the public is ripe for a scam and the and those who try to dupe you or use trickery know this. It is no surprise, therefore that the number of foreclosure type scams are on the rise.
If you’ve been the victim anywhere in Southern California of real estate fraud or the target of an unscrupulous loan modification service, foreclosure consultant or someone acting on your behalf to modify your mortgage or cure your problems who is in violation of the strict regulations in California, call the Law Offices of R. Sebastian Gibson at any of the numbers on our website at http://www.SebastianGibsonLaw.com .
If you are a licensed real estate broker or agent and have either been wrongly accused of being in violation of the laws and regulations governing loan modification services and foreclosure consultants, or acted as such without being aware of these strict regulations and need legal defense, we urge you to call us at any of the numbers which you can find on our website.
Those who are most likely to be targeted by persons attempting to perpetrate a fraud are the elderly, anyone entering foreclosure, people who have recently lost their jobs, families who have lost a loved one, people who have limited knowledge of English, people with limited resources, and homeowners whose payment amounts have recently been raised.
The moment you enter foreclosure, expect to be inundated with offers of help from many individuals with generic type sounding names, and some claiming even to have references from churches near you. These are, in most cases, some of the people you should stay away from at all cost.
The person who will approach you in this type of scam is more often than not, well-dressed, well groomed, and seems personable, kind, and trustworthy. Some utilize social skills to put you at ease such as their representation to be of the same religion as you, or even the same church, to have been in the military if they think that will put you at ease or feel more trusting of them, and others will claim to be working for non-profit organizations, or branches of the government.
These are some of the most common scams and what you can do to avoid being a victim.
1) The Disappearing Foreclosure Consultant – With a helpful sounding name, and armed with references and a kind voice, the person who contacts you promises to help you stave off foreclosure with just an up-front fee for their time. The only problem is, as soon as the money clears their bank, you never see or hear from them again. The soon-to-be phantom performs little or no service, takes your money and you are left with your original problems and less time to try to save your home from foreclosure.
2) Loan Modification Helpers – Unlike Santa’s Helpers, in this scam you pay a fee up front to the “loan modification expert” to negotiate directly with your bank, only here you don’t get a present from Santa. If the expert really gains your trust, you also make your mortgage payments directly to the expert rather than to the mortgage company. Both the up front fee and the mortgage payments go directly into the pocket of the loan modification helper with the white beard and the kind voice and by the time you receive notice that your house is in foreclosure, this elf has disappeared and is back at the North Pole.
3) Just Sign Here Scams – As you face the prospect of foreclosure, one offer of help seems far better than all the others because it allows you to stay in your home as they save it from foreclosure. Unfortunately, in the papers you sign without having a lawyer look at them, you agree, knowingly or unknowingly, to sign over the house to the person offering this help and still remain responsible for the mortgage payments. The person then either sells your house, collects other fees from you or holds onto the house and evicts you.
4) Sale and Leaseback Scams – In this scam, if you are a homeowner who still has some equity in your home, you will be convinced to sign over title in your home and pay rent to the scam artist with the promise that they can bail you out, cure your problems and that you will be allowed to buy back the house later at a bargain price. All of this can be accomplished, but only if the property is in the consultant’s name. The payments you make go directly to the scam artist and eventually you will find yourself holding the bag. You may also find yourself evicted when you can no longer make the excessive rent payments. If you have lost your job and are having trouble making your house payments, even if you have equity in your home, you may be tempted by this scam. And while you would be entitled to the excess equity in your home if the house is sold in foreclosure, when you fall victim to this scam, you will lose the equity when it is either sold out from under you or the equity is stripped away by the new owner.
5) The Trust Me, I’m Religious or I Was In The Military Too Scam – These people posing as Christians, former members of the military or members of whatever social organizations you belong to come complete with references from members of your church or with military haircuts and promise that by adding them to the title to your home, they can rescue you from foreclosure, and have your credit repaired. Having gone through your mail or your trash, they probably know all about you. There’s no need to see a lawyer, they tell you. Just pray with them or have a drink with them and swap military stories. Just be sure to hold on to your wallet, don’t give them any money and don’t sign anything.
6) Sign Me Up Scotty And Get A New Loan Scam – In this scam, you are told that if you add the nice looking good Samaritan onto your title by signing a Grant Deed or other legal instrument, (which you are told, you don’t really need to read) this friendly person can apply for a new loan, which, unfortunately, if approved, will leave you on the hook for both the old loan payments and the new loan payments, and any up front fees you pay for this service will disappear with this fraud.
7) Buy My Books, Take This Seminar And Make Millions Scam – You may see this offer on late night television, on roadside signs or even on billboards. Only this time, you are talked into buying materials that are full of worthless information that will do nothing to help you avoid foreclosure. Even worse, the materials you receive may offer advice that will land you in jail by telling you how to approach others in foreclosure and advise you to tell them you can save them from foreclosure. The trouble is, what you will be doing is either practicing law without a license or acting as a credit repair agency or loan modification expert without a real estate license and without an advance fee agreement approved by the Commissioner of the California Department of Real Estate and without being registered with the California Department of Justice.
The Short Sale Scam – In this scam, the “short sale specialist” who contacts you promises his expertise to accomplish a short sale in a small amount of time that will protect your credit. There is a fee of course that would have been better spent on groceries. When the real estate market was better, there were additional wrinkles to this scam that today are more difficult to perpetrate due to the difficulty of selling homes in this economy.
9) It’s Like Magic – Here the homeowner is told to sign one thing, but the homeowner winds up signing something altogether. In some instances of this bait and switch scam, the scam artist will serve as the notary as well. In conjunction with this and other scams, or in other variations, forgery may be utilized, and identity theft employed as well.
10) Want Somewhere Cheap To Rent Scam – Here the bogus homeowner or leasing agent takes your rent payment and security deposit and rents or leases you vacant residential or commercial property, that isn’t owned by the person you are talking with and if you are talking with a leasing agent, this “agent” has no authority to offer you the property for rent or lease.
11) How About A Nice Loan Modification Scam – As with foreclosure consultants, loan modification services are strictly regulated by California statutes. If you have lost money or your home to a foreclosure consultant or someone promising to obtain a loan modification or cure to your problems and they have violated these statutes, in some cases you may be entitled to any moneys paid to them, but also, in some cases, your other actual damages, equitable relief, reasonable attorney’s fees and costs and punitive damages of three times the compensation received or misapplied by the foreclosure consultant or loan modification service who contracted with you.
It is difficult, if not impossible, to recover your money when you have been the victim of any of these types of fraud. However, there are times when the persons attempting to defraud you simply don’t know better and are otherwise responsible citizens and business people who don’t know the law, or conveniently fail to research the law, and who may either have errors and omissions insurance or assets which may cover their indiscretions.
Such defendants may include real estate brokers, foreclosure consultants, loan modification companies and services and mortgage brokers.
These parties may be responsible if they made misrepresentations to you, committed fraud, charged you fees and collected such fees in advance for foreclosure consultant services, failed to follow the strict regulations set forth in the California Civil Code and Business and Professions Code or had you pay fees in advance for loan modifications under agreements that have not been approved by the Commissioner of the California Department of Real Estate. The laws in California are very strict as to when you may be charged fees for such services and under what circumstances.
If a person makes promises or representations to you without any intent to perform the services promised, and if you have been damaged as a result of your reliance on those promises or representations, you may have a valid claim against that person for fraud. Such promises may include a promise that they will be able to obtain a modification of your loan or to save you from foreclosure, and will likely require you to pay up-front fees that do little, if any, good.
Here are the five tips of advice we recommend to anyone in this situation being approached by people offering help.
1. Avoid any solicitations of help that come unexpectedly, by mail, e-mail and by telephone or to your door.
2. Avoid using any help agency whose name you find on roadside signs such as those which state “We Buy Homes For Cash” and those which promise to “Stop Foreclosure.”
3. Avoid paying up-front fees to foreclosure or loan modification experts.
4. Disregard anyone who tells you not to talk to your bank or tells you to avoid consulting with a lawyer.
5. Don’t sign anything without having it reviewed by a real estate lawyer.
Red flags to you that you are about to be scammed should include requests of you for any of the following: to pay money up-front before any service has been performed, payment by cash, cashier’s checks or bank wires only, transfers of title, actions to be taken immediately, power of attorney, signatures on grant deeds, signatures without any explanation or while under time constraints, signatures on incomplete documents, and mortgage payments to persons other than the mortgage company.
Other red flags include unqualified promises, offers that sound too good to be true, failures to provide you with copies of what you sign, oral promises that are in conflict with written provisions, refusals to put the oral promises in writing, oral statements that the provisions in writing don’t mean what they say or won’t be enforced, and warnings not to discuss the matter with an attorney, your lender or anyone else.
If you have a business or real estate legal matter in Palm Springs or Palm Desert, in Ontario or Rancho Cucamonga, Temecula or Murrieta, Newport Beach or Huntington Beach, Anaheim or Santa Ana, El Cajon or Carlsbad, Palmdale or Victorville, Long Beach or Santa Monica, Ventura or Oxnard, or anywhere in Southern California, our Palm Springs, San Diego, Orange County, Inland Empire, Los Angeles, Santa Barbara and San Luis Obispo law firm has the knowledge and resources to be your Business Lawyers and Real Estate Attorneys. If you’ve been the victim of a real estate, business, loan modification or foreclosure scam or fraud, be sure to hire a law firm with experience in loan modification, foreclosure and real estate fraud in California and who will endeavor to ensure that your rights are properly represented.
To learn more about such scams or the statutes which regulate loan modification and foreclosure consultants, or for legal representation, call the Law Offices of R. Sebastian Gibson at any of the numbers on our website at http://www.SebastianGibsonLaw.com .
The Sebastian Gibson Law Firm serves all of San Diego, Orange County, the Inland Empire, Los Angeles, Santa Barbara, San Luis Obispo, Riverside County, San Bernardino County, the Imperial Valley, the Central Coast and all of Southern California. We stand ready to assist you with any type of Business or Real Estate matter, Personal Injury, Auto, Truck, Motorcycle, Pedestrian, Bicycle and Car Accidents, Brain Damage, Catastrophic Injuries, Wrongful Death, Landlord Tenant issues, Homeowner Association matters, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law. Sebastian Gibson is both an attorney and a Realtor in California with over 30 years of legal experience.
Visit our website at http://www.sebastiangibsonlaw.com if you have a civil legal matter of any kind. We have the knowledge and resources to represent you as your California Loan Modification Lawyer and California Foreclosure Attorney for any losses you may have sustained as a result of real estate fraud, loan modification scams, foreclosure consultant violations, as well as for Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law and all types of Personal Injury Accidents.