Legal Question in Real Estate Law in California

For a Loan Modification, I have a foreclosure sale date set for about 30 days from now. DRE approved company wants $2,500 to do a Loan Modificaton. They said I could give them a post dated check or a check with no date on it or a debit card, and they would cash it when my Loan Modification is complete. They said if they could get the sale date postpone or if they could get the Loan Modification complete then they get their money, it's written in their agreement. Is this a fair deal and legal?


Asked on 4/22/10, 7:53 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I haven't read their agreement. I wouldn't trust my home to some loan modification company unless they guarantee in writing they can stop the foreclosure. What they "said" means nothing -- read the contract!! Take the contract to a lawyer!! They can and will cash your post-dated check tomorrow morning. Do not give them your debit card or bank account number. Do not give them one cent up front until you receive notice in writing from the lender that the sale is postponed. Ask for references -- customers of theirs who received loan modifications -- and call them. A bankruptcy lawyer can stop your foreclosure, instantly, with a couple of keystrokes on a computer.

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Answered on 4/27/10, 8:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree. Thirty days is VERY little time to stop a foreclosure. Loan modifications seem to take forever. I hear of plenty of cases where people thought they were on the verge of a successful short sale or loan modification, then the next thing they hear is that there has been a trustee sale and they have a notice to quit. I'd be very apprehensive that these guys will end up with your $2,500 and the lender will end up with your house. It is too natural a human reaction to grasp at straws like a last-minute modification and end up sucking bubbles at the bottom of the soda can.

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Answered on 4/27/10, 9:14 pm
Ken Koenen, LLM Law Office of Ken Koenen

NO ONE is allowed to accept money in advance for loan modification work, including an attorney. You should avoid this group loike the plague, and report them to the DRE, State Bar and local DA.

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Answered on 4/28/10, 9:32 am


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