San Diego Union Tribune

Sunday October 10, 1999

Payment scam targets owners

WASHINGTON - -At any given moment, nearly a million owners are so for behind in their house payments that they face losing their homes to foreclosure. But too many of them end up forfeiting much more than the roofs over their heads.

Lured by con men who advertise themselves as "mortgage consultants" and "foreclosure specialists," unsuspecting owners who are so desperate they% try anything to save their

homes often also lose thousands of dollars in fees and misdirected house payments.

The Cali

fornia-based Bankruptcy Foreclosure Task Force has identified a nurnber of foreclosure scams, all designed to take advantage of what it says is 'one of the most powerful injunctions available under American law- the automatic stay."

Under the federal Bankruptcy

Code, the Ming of a bankruptcy peti- tion automatically stops all actions or proceedings to enforce a claim against the debtor or the debtor's property. WIthout actually having to prove that you are entitled to the stay, simply filing the necessary pa- pers halts all collection actions, sus- pend tires and terminates

pends foreclosures

It

bankruptcy case of-

'1'D

A completed ten buy financially distressed

0 home owners

the time they need to cure buy financilal arTearages with a newpaymentplan under. Chapter 13, or eliminates the loan entirely under the "fivsh sWV provisions of Chapter 7. But many cases are filed by people who have no intention to complete them, the task force found.


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