Anyone workikng with THIS company??

[Miana]

I recently began loss mitigation process with my lenders through (Removed Name). I am in CA. I have filled out their paperwork and send half payment as deposit. I am told that work is already begun with my lender and to address questions from my lender to this company who will assist in negotiating a new loan plan with new payment option.

My lender is Wachovia Bank on my first and I also have a real high interest rate 2nd line of credit from Tri Mark Funding. Both have filed notices of default as of feb 21, 2008.

I am wondering if I am safe with this company or not>?? Has anyone else worked with them in the past or is now? If they bring "results" then it is worth the payment but if not ...I cant even say how sad I will become as you can imagine!

[Maurice Bedard]

Miana,
Welcome to the forum and thank you for joining us........
Here on the forum we only promote and work with the non profit agencies.......like
HOPE 1-888-995-HOPE
www.acorn.org

If you had to send in money they are a profit organization, unfortunately there are alot of them popping up to take advantage of people by doing something that you could either do yourself or with one of these free organizations......I am not sure if you can get your money back, but I wouldn't pay anymore and contact one of the above immediately for assistance.

[Maurice Bedard]

Welcome to Loan Safe!

The only safe company we recommend are non-profits, the attorney on this board and our website.

I would never have a non-attorney firm or affiliated firm handle this.

It is illegal to accept money up front in California. Can you email me he company or Cat? I would ask for an immediate refund. Maybe we can help you get your money back.

[Miana]

Yes I will email the company name and address to you and the details.. thanks

[Maurice Bedard]

Here is the rules on the foreclosure consultant act in California.

CALIFORNIA CODES CIVIL CODE SECTION 2945-2945.112945.(a) The Legislature finds and declares that homeowners whose residences are in foreclosure are subject to fraud, deception, harassment, and unfair dealing by foreclosure consultants from the time a Notice of Default is recorded pursuant to Section 2924 until the time of the foreclosure sale. Foreclosure consultants represent that they can assist homeowners who have defaulted on obligations secured by their residences. These foreclosure consultants, however, often charge high fees, the payment of which is often secured by a deed of trust on the residence to be saved, and perform no service or essentially a worthless service. Homeowners, relying on the foreclosure consultants' promises of help, take no other action, are diverted from lawful businesses which could render beneficial services, and often lose their homes, sometimes to the foreclosure consultants who purchase homes at a fraction of their value before the sale.

(b) The Legislature further finds and declares that foreclosure consultants have a significant impact on the economy of this state and on the welfare of its citizens.(c) The intent and purposes of this article are the following:

(1) To require that foreclosure consultant service agreements be expressed in writing; to safeguard the public against deceit and financial hardship; to permit rescission of foreclosure consultation contracts; to prohibit representations that tend to mislead; and to encourage fair dealing in the rendition of foreclosure services.

(2) The provisions of this article shall be liberally construed to effectuate this intent and to achieve these purposes.

2945.1. The following definitions apply to this chapter:

(a) "Foreclosure consultant" means any person who makes any solicitation, representation, or offer to any owner to perform for compensation or who, for compensation, performs any service which the person in any manner represents will in any manner do any of the following:

(1) Stop or postpone the foreclosure sale. (2) Obtain any forbearance from any beneficiary or mortgagee. (3) Assist the owner to exercise the right of reinstatement provided in Section 2924c. (4) Obtain any extension of the period within which the owner may reinstate his or her obligation.
(5) Obtain any waiver of an acceleration clause contained in any promissory note or contract secured by a deed of trust or mortgage on a residence in foreclosure or contained in any such deed of trust or mortgage. (6) Assist the owner to obtain a loan or advance of funds. (7) Avoid or ameliorate the impairment of the owner's credit resulting from the recording of a notice of default or the conduct of a foreclosure sale. (8) Save the owner's residence from foreclosure.

[Maurice Bedard]

2945.4. It shall be a violation for a foreclosure consultant to

a) Claim, demand, charge, collect, or receive any compensation until after the foreclosure consultant has fully performed each and every service the foreclosure consultant contracted to perform or represented he would perform.

(b) Claim, demand, charge, collect, or receive any fee, interest, or any other compensation for any reason which exceeds 10 percent per annum of the amount of any loan which the foreclosure consultant may make to the owner.

[Miana]

Thank you..then this process has been illegal since I was told they cant proceed until I gave them half which was $750.00 . I feel sick..

[Miana]

I copied and pasted the CA code information you gave to me in another post and sent it with the email and a demand of my $750.00 back through overnight mail immediately!

I sent you an email with the full company name and phone numbers as well.

[Maurice Bedard]

Got it. Don't feel sick, feel blessed you have found this website and people who are here to help from the heart. Good job. Tell them the next email will go to the California Attorney General and I will post their information on my website.

[Miana]

I have send them the message that I will contact the Attorney General's office and left a phone message as well. I demanded my funds back by overnight mail!

I also spoke to a counselor at 888-995-HOPE and she was very kind.. Im keeping "hopeful" !

[Mary Salzer]

Keep working with the non-profit and make sure that you stay in contact with them and the Lender/Servicer to make sure that things are proceeding as they should.

I am so sorry that you got burned by someone out there, no need for it, you were already burned by the lender and broker that gave you your loan.

Take Moe's advice and do go to the State Attorney General immediately to keep someone else from being burned. This is so far reaching and other people may be impacted that are in a bad situation as well.