{"id":2716,"date":"2020-12-15T12:25:00","date_gmt":"2020-12-15T16:25:00","guid":{"rendered":"https:\/\/propertyonion.com\/education\/?p=2716"},"modified":"2020-12-21T12:25:30","modified_gmt":"2020-12-21T16:25:30","slug":"doing-this-with-pre-foreclosure-leads-will-get-you-arrested","status":"publish","type":"post","link":"https:\/\/propertyonion.com\/education\/doing-this-with-pre-foreclosure-leads-will-get-you-arrested\/","title":{"rendered":"Doing this with Pre-Foreclosure Leads will Get You Arrested!"},"content":{"rendered":"\n<p>A lawsuit has begun in California where nine people are accused of being involved in a $6 million scheme that claimed to prevent the foreclosure of properties throughout Southern California, California Attorney General Xavier Becerra announced in late November.<\/p>\n\n\n\n<p>The 136-count indictment handed up on October 30 charges Eduardo Toro, Filiverto Gomez, Ana Cecilia Toro, Veronica Romero, Veronica Toro, Leticia Mora, Maria Gil, Emmanuel Lopez, and Gladys Velasquez with crimes including grand theft, identity theft, filing of false or forged documents in a public office, and conspiracy to commit grand theft.<\/p>\n\n\n\n<p>The indictment alleges that the crimes occurred in Los Angeles, Orange, Riverside, and San Diego counties between June 2011 and March 2018.<\/p>\n\n\n\n<p><strong>The details provided in the lawsuit illustrate the wrong way to market pre-foreclosures. <\/strong><\/p>\n\n\n\n<p>Let\u2019s take a closer look and see how we can ensure we do the right thing in our <a href=\"https:\/\/propertyonion.com\/education\/realistic-goals-when-getting-into-real-estate-investing\/\" target=\"_blank\">real estate investing endeavors<\/a>.<\/p>\n\n\n\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_82_2 ez-toc-wrap-left counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title\" style=\"cursor:inherit\">In this Article:<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/propertyonion.com\/education\/doing-this-with-pre-foreclosure-leads-will-get-you-arrested\/#Mistake_1\" >Mistake #1<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/propertyonion.com\/education\/doing-this-with-pre-foreclosure-leads-will-get-you-arrested\/#Mistake_2\" >Mistake #2<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/propertyonion.com\/education\/doing-this-with-pre-foreclosure-leads-will-get-you-arrested\/#Mistake_3\" >Mistake #3<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/propertyonion.com\/education\/doing-this-with-pre-foreclosure-leads-will-get-you-arrested\/#How_You_Can_Market_Pre-Foreclosures_Better\" >How You Can Market Pre-Foreclosures Better<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/propertyonion.com\/education\/doing-this-with-pre-foreclosure-leads-will-get-you-arrested\/#The_Foreclosure_Frauds_Fallout\" >The Foreclosure Fraud\u2019s Fallout<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/propertyonion.com\/education\/doing-this-with-pre-foreclosure-leads-will-get-you-arrested\/#If_Youre_Going_to_Pursue_Pre-Foreclosures_Do_It_the_Right_Way\" >If You\u2019re Going to Pursue Pre-Foreclosures, Do It the Right Way<\/a><\/li><\/ul><\/nav><\/div>\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Mistake_1\"><\/span>Mistake #1<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>The defendants are accused of targeting distressed homeowners by claiming they could stop the foreclosure of homes if the defendants received monthly payments.<\/p>\n\n\n\n<p>This is their first mistake.<\/p>\n\n\n\n<p>Instead of reaching out to distressed homeowners and simply requesting payment to stop the foreclosure process on their home, <strong>get to know their unique circumstances.<\/strong> Take the time to listen and fully understand how you, a real estate investor with ample experience, can help them.<\/p>\n\n\n\n<p>Your perspective will prove valuable. By listening and learning, you will be able to educate the homeowner on the options they have. This is the first step towards building the type of trust that you will need to eventually relieve the homeowner of their debt (i.e., <a href=\"https:\/\/propertyonion.com\/education\/you-won-the-foreclosure-auction-this-is-what-happens-next\/\" target=\"_blank\">purchasing their property<\/a>).<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Mistake_2\"><\/span>Mistake #2<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>The defendants went on to delay foreclosures and eviction actions by allegedly filing fraudulent bankruptcy documents, false court documents, and false fractional interest grant deeds, according to the Attorney General\u2019s Office. Another mistake.<\/p>\n\n\n\n<p><strong>It may sound obvious, but there is no need to file fraudulent bankruptcy documents.<\/strong><\/p>\n\n\n\n<p>Instead of filing on behalf of the distressed homeowner, take the opportunity to again educate the homeowner on what they need to do. Have them legally file the documents themselves.<\/p>\n\n\n\n<p>By coaching them through the pre-foreclosure process and informing them of their options, you build more trust in their new relationship with you.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Mistake_3\"><\/span>Mistake #3<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>Once the bankruptcy documents were filed by the alleged fraudsters, the defendants sent them to the servicers of mortgage loans, which would stop the foreclosure by invoking the bankruptcy \u201cautomatic stay.\u201d A third mistake.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"How_You_Can_Market_Pre-Foreclosures_Better\"><\/span>How You Can Market Pre-Foreclosures Better<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>What can we learn from this?<\/p>\n\n\n\n<p>If you are <a href=\"https:\/\/propertyonion.com\/education\/how-to-start-investing-in-county-foreclosure-tax-deed-auctions-wholesalers\/\" target=\"_blank\">investing in foreclosed real estate<\/a>, you can take a lot from this lawsuit.<\/p>\n\n\n\n<p>The most important thing you want to preach in this business is doing the right thing. The defendants here set out to be conniving from the very beginning.<\/p>\n\n\n\n<p>Instead of reaching out to distressed homeowners and immediately asking for a fee to save their home, <strong>play the role of coach<\/strong>.<\/p>\n\n\n\n<p>Inform the distressed homeowner of their options. Coach them through the process of what they can do to make the most of their situation.<\/p>\n\n\n\n<p>By doing this, you establish trust with the homeowner that increases the odds of you obtaining their home as they near foreclosure.<\/p>\n\n\n\n<p>Instead of falsifying bankruptcy documents and committing identity theft to mortgage servicers, you will have effectively helped the homeowner shelter their largest asset from foreclosure.<\/p>\n\n\n\n<p>This will put you in a good position to help them with the strategy you entered the deal with.<\/p>\n\n\n\n<p>Is there an opportunity for you to buy them out by paying off the mortgage for them? The homeowners would miss out on some equity they have, but their problem would go away.<strong> In this situation, you own the property, can rent it out, and likely have some equity.<\/strong><\/p>\n\n\n\n<p>Or maybe there is an opportunity for you to buy the property subject to and assume the homeowner\u2019s mortgage payments.<\/p>\n\n\n\n<p>This is all part of your research process and should be established prior to entering the homeowner\u2019s life.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"The_Foreclosure_Frauds_Fallout\"><\/span>The Foreclosure Fraud\u2019s Fallout<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>The alleged scheme impacted multiple victims, resulted in a loss of about $6 million, and affected more than 200 properties, including properties with loans insured by the Federal Housing Administration (FHA) and loan servicers Freddie Mac and Fannie Mae.<\/p>\n\n\n\n<p><strong>Many of the homeowners involved in the scheme ended up losing their homes to foreclosure in spite of allegedly paying the defendants hundreds of dollars. <\/strong><\/p>\n\n\n\n<p>\u201cOur objective is to ensure that the public is not taken advantage of when they have fallen on hard financial times,\u201d said Michael Gibson, the Special Agent in Charge of the U.S. Department of Housing and Urban Development Office of Inspector General (HUD-OIG).<\/p>\n\n\n\n<p>\u201cDistressed homeowners are particularly vulnerable to this type of fraud. An important message has been sent today to those who prey upon homeowners who are seeking financial assistance with their mortgage and we will remain vigilant to hold them accountable. This type of fraud not only affects individual families, it also affects the housing market.\u201d<\/p>\n\n\n\n<p>The case stemmed from a joint investigation by the California Department of Justice\u2019s Division of Law Enforcement\u2019s White-Collar Investigation Team, along with the FHFA-OIG, the United States Department of Housing, and Urban Development Office of Inspector General (HUD-OIG).<\/p>\n\n\n\n<p>\u201cIndividuals who choose to prey on vulnerable Californians at risk of losing their homes will be held accountable,\u201d the attorney general said. \u201cThe Department of Justice will continue to work with our law enforcement partners to identify and prosecute those who disregard the law in order to make a profit.\u201d<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"If_Youre_Going_to_Pursue_Pre-Foreclosures_Do_It_the_Right_Way\"><\/span>If You\u2019re Going to Pursue Pre-Foreclosures, Do It the Right Way<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>In any pre-foreclosure deal, you find value in pursuing, you are entering the homeowner\u2019s life to relieve them of their circumstances.<strong> Through listening, educating, and coaching, you will end up with the property and they will avoid a foreclosure on their credit report. <\/strong>They will feel good about the deal they made and, more importantly, who they made the deal with a win-win situation.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A lawsuit has begun in California where nine people are accused of being involved in a $6 million scheme that claimed to prevent the foreclosure of properties throughout Southern California, California Attorney General Xavier Becerra&hellip;<\/p>\n","protected":false},"author":19,"featured_media":2720,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[232,279,309,308,310],"class_list":["post-2716","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-real-estate-investing-articles","tag-crime","tag-leads","tag-marketing","tag-pre-foreclosure","tag-subject-to"],"_links":{"self":[{"href":"https:\/\/propertyonion.com\/education\/wp-json\/wp\/v2\/posts\/2716","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/propertyonion.com\/education\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/propertyonion.com\/education\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/propertyonion.com\/education\/wp-json\/wp\/v2\/users\/19"}],"replies":[{"embeddable":true,"href":"https:\/\/propertyonion.com\/education\/wp-json\/wp\/v2\/comments?post=2716"}],"version-history":[{"count":4,"href":"https:\/\/propertyonion.com\/education\/wp-json\/wp\/v2\/posts\/2716\/revisions"}],"predecessor-version":[{"id":2721,"href":"https:\/\/propertyonion.com\/education\/wp-json\/wp\/v2\/posts\/2716\/revisions\/2721"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/propertyonion.com\/education\/wp-json\/wp\/v2\/media\/2720"}],"wp:attachment":[{"href":"https:\/\/propertyonion.com\/education\/wp-json\/wp\/v2\/media?parent=2716"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/propertyonion.com\/education\/wp-json\/wp\/v2\/categories?post=2716"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/propertyonion.com\/education\/wp-json\/wp\/v2\/tags?post=2716"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}