11/12/2009

No More Paying Loan Modification Fees in Advance

Effective October 11 through January 1, 2013, no one (and that includes attorneys, real estate professionals, lenders and everyone else) may charge advance fees for arranging loan modifications for 1-4 residential units--that means your house, condo, duplex, triplex, fourplex, or other type of home.

Many borrowers have paid, and lost, anywhere from $3,000 to $8,000 without obtaining the desired loan modification. For some people, this meant losing their financial cushion to people who could not deliver. Prior to this law coming into effect, the Department of Real Estate's legal requirements for taking advance fees were complied with by a rather short list of entities and individuals statewide--it was extremely short when compared with the huge numbers of loan modification companies, groups or entities advertising their services everywhere you looked.

Fees may now be collected after promised services have been performed (but the law does not apply to loan modification fees and agreements entered into before October 11).

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