Tuesday, November 21, 2017

THE MORTGAGE MODIFICATION SCAMS ARE STILL WAITING FOR YOU



Yesterday at the Mortgage Foreclosure Clinic at the Nassau County Bar Association, I consulted with a client who appeared to have been scammed. Several thousand dollars were paid to either an attorney or a company to seek a modification of the mortgage payments while a foreclosure action was commenced. Although this attorney or company prepared an answer for the homeowner: (1) the answer was a pro se answer and there was no attorney appearance (2) the homeowner was advised not to attend the settlement conference and (3) although a motion was thereafter made by the bank for summary judgment, the homeowner was assured that the modification papers were submitted and that no further papers need to be submitted - of course, the motion for summary judgment was granted. Although it appeared the client did not have any real defense and the real problem was home affordability, nevertheless, monies were paid to an apparent scam and the client was advised to file appropriate complaints.

ALERT:

1. If you are working with an attorney, make sure there is a written retainer agreement which outlines the duties and scope of representation.

2. Attend all scheduled court appearances.

3. Follow your case on New York State E Courts. You can sign up for an email track of the case.
eTrack is a case tracking service which enables you to track active Civil Supreme Court cases from all 62 counties of New York State, and cases from all currently available Local Civil and Criminal Courts.

For further information on such scams and what to do, see

http://www.preventloanscam.org/states/new-york#Long%20Island

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