{"id":115,"date":"2012-04-02T16:46:12","date_gmt":"2012-04-02T16:46:12","guid":{"rendered":"http:\/\/www.fremont-bankruptcy-attorney.com\/blog\/?p=115"},"modified":"2021-05-04T23:21:16","modified_gmt":"2021-05-04T23:21:16","slug":"foreclosure-scams-in-bankruptcy-how-does-it-affect-you","status":"publish","type":"post","link":"https:\/\/www.fremont-bankruptcy-attorney.com\/blog\/2012\/foreclosure-scams-in-bankruptcy-how-does-it-affect-you\/","title":{"rendered":"Foreclosure Scams in Bankruptcy \u2013 How Does it Affect You?"},"content":{"rendered":"

By Ryan C. Wood<\/a><\/p>\n

There always seems to be an increase in crime when the economy is not doing well.\u00a0 Whether it is increase of violent crimes like muggings and burglaries or white-collar crimes like embezzlement and ponzi schemes it all hurts us\u00a0 \u2013 it makes life\u00a0 more difficult for more people.\u00a0 This is evidenced in the recent economic downturn.\u00a0 An old scam is resurfacing that may delay the foreclosures on homeowners\u2019 properties.\u00a0 There has been an increase in distressed homeowners transferring a small interest in their home to a person that has recently filed for bankruptcy.\u00a0 Another variation of the crime is when the homeowner downloads a deed from the recorder\u2019s office and photo shops fraudulent information on the deed.\u00a0 The county recorder\u2019s stamp is left on the deed.\u00a0 Most of the time the lender or foreclosure trustee does not verify the information and only sees the deed with the fraudulent information.<\/p>\n

The person filing for bankruptcy<\/a> usually does not know about the transfer of interest in the home.\u00a0 They probably do not even know the distressed homeowner.\u00a0 The distressed homeowner probably found the information of the bankruptcy through looking at recent bankruptcy filings.\u00a0 The homeowners would then send the notice of bankruptcy to the creditors about to foreclose on their home.\u00a0 Once the lender or foreclosure trustee receives notice that there is a bankruptcy filed from a person that has an interest in the home the foreclosure process is momentarily stopped.\u00a0 This was the intention of the distressed homeowner all along \u2013 stopping the foreclosure and not having to file for bankruptcy.<\/p>\n

The worst part is that most of the time the distressed homeowners probably had no idea that they were doing something fraudulent.\u00a0 They hire companies that guarantee that you will be able to stay in your home for a certain amount of time and the distressed homeowners pay them thousands of dollars upfront to delay the inevitable.\u00a0 Before these fraudulent companies can get shut down or prosecuted they change name and move elsewhere to provide the same services to other desperate homeowners.\u00a0 It is a vicious cycle where there are no winners except these fraudulent companies.<\/p>\n

How does this affect you, the person that filed for bankruptcy and had no knowledge that someone had transferred a property interest to you?\u00a0 It may look like you have committed fraud by not disclosing the home in the first place and it costs you time and money to fix something you had no idea would occur.\u00a0 If a Motion for Relief from Stay is filed in your case by the lender or foreclosure trustee, courts have recommended that bankruptcy attorneys should file a response to the motion with evidence that you had no interest or knowledge in the property and the bankruptcy filer was not involved in a scheme to hinder, delay or defraud the lender.\u00a0 The bankruptcy trustee and the U.S. Trustee should be notified so they can investigate the issue and prosecute the offenders.<\/p>\n

If this occurs in your bankruptcy case and you are not represented by a bankruptcy\u00a0attorney<\/a> you should contact the bankruptcy trustee and U.S. Trustee regarding these matters.\u00a0 If you have any questions you may also us at 877-9NEW-LIFE or 877-963-9543.<\/p>\n","protected":false},"excerpt":{"rendered":"

By Ryan C. Wood There always seems to be an increase in crime when the economy is not doing well.\u00a0 Whether it is increase of violent crimes like muggings and burglaries or white-collar crimes like embezzlement and ponzi schemes it all hurts us\u00a0 \u2013 it makes life\u00a0 more difficult for more people.\u00a0 This is evidenced […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[25],"tags":[],"_links":{"self":[{"href":"https:\/\/www.fremont-bankruptcy-attorney.com\/blog\/wp-json\/wp\/v2\/posts\/115"}],"collection":[{"href":"https:\/\/www.fremont-bankruptcy-attorney.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.fremont-bankruptcy-attorney.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.fremont-bankruptcy-attorney.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.fremont-bankruptcy-attorney.com\/blog\/wp-json\/wp\/v2\/comments?post=115"}],"version-history":[{"count":11,"href":"https:\/\/www.fremont-bankruptcy-attorney.com\/blog\/wp-json\/wp\/v2\/posts\/115\/revisions"}],"predecessor-version":[{"id":1193,"href":"https:\/\/www.fremont-bankruptcy-attorney.com\/blog\/wp-json\/wp\/v2\/posts\/115\/revisions\/1193"}],"wp:attachment":[{"href":"https:\/\/www.fremont-bankruptcy-attorney.com\/blog\/wp-json\/wp\/v2\/media?parent=115"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.fremont-bankruptcy-attorney.com\/blog\/wp-json\/wp\/v2\/categories?post=115"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.fremont-bankruptcy-attorney.com\/blog\/wp-json\/wp\/v2\/tags?post=115"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}