Extinguishing a bank note

Extinguishing a bank note

Real Estate Investor · Sparks, NV · Member since 2008 · 45 posts · 28 votes

I went to my first local REI club meeting last night. There was a speaker representing a company that extinguishes your bank note due to mortgage fraud. It works like this: you are an upside-down homeowner or owner of commercial property which is under water. You pay this company $1500 to $2500 and they will investigate your bank note and determine if it was handled in a fraudulent way (he said most are). Then then will use their legal knowlege to "extinguish" the note and sell the property. You get 30% of the sale amount and the note is gone. They don't guarantee it will work every time.

Now this guy is in the marketing area and can't answer exactly how this is done. There were many people asking him questions after the meeting. I spent the whole time trying to figure out if he's a moron or a scam artist or both.

Has anyone here heard of this scam before?

BTW I offer this service for only $1000 but of course it's not guaranteed.

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  • Investor · Kalamazoo, MI · Member since 2009 · 1k+ posts · 495 votes
    14y

    Has anyone here heard of this scam before?

    BTW I offer this service for only $1000 but of course it's not guaranteed.

    So it's a scam but, you are offering us, "this service for only $1,000?" :roll:

    Who is the company and the guy in question?

    How can you offer this service without knowing anything about it and, why would you market something you think is a scam?

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    14y

    Total scam - beware! NOtes do not get extinguished and you should never pay anyone or any company upfront to provide a service until that service is completed to your full satisfaction.

    In fact, I believe such a service would violate new federal and state laws that were passed to protect homeowners (particularly those in short sale stages). All the loan mod scam artists and such that came about - most of them the same loan brokers who sold them the stupid loan to begin with - were all charging upfront fees to negotiate a loan mod or short sale. That is now illegal and even if it were true that this new scam was not a scam, charging homeowners upfront would violate the law as I understand it.

  • Real Estate Investor · Sparks, NV · Member since 2008 · 45 posts · 28 votes
    14y

    Sorry Marc I was being sarcastic. My point was that anyone could say they are doing such a service and charge an up front fee, then claim it was unsuccessful.

    I didn't write down the name of the speaker or his company because I figured it was a scam from the start. I will find out and post it here.

  • Dion DePaoliPro Member
    Real Estate Broker · Northwest Indiana, IN · Member since 2011 · 2k+ posts · 2k+ votes
    14y

    This is a scam. Any foreclosure defense attorney will do most of what they are referring to in defense for a borrower. Typically these folks focus on the affirmative defenses which include the current note owner and mortgage owner are not one in the same by way of faulty paperwork. The public tends to believe these folks because they want to.

    Fact of the matter, the mortgage in and of itself as a lien in the chain of title can not be "extinguished" or canceled. The mortgage can be satisfied by the owner of the mortgage but is generally not court order. Some of these firms use the term fraud as a hot button so people relate to what they are saying. Tugging on the strings of emotions as everyone feels like they got cheated. Unless that is not your signature on the mortgage and note it is likely not fraud.

    In my experience, borrowers and their legal counsel have used the multiple claims that you hear such as don't have the note, not the owner of the mortgage, etc as defense. I have never lost a case for the above. I have been buying non performing loans for many years and our firm specializes in cleaning these situations up. Assignment and allonge chains for the mortgages and the notes can be completed if there is a break. Even if the company who is in the chain is no longer in business. Mortgages can legally be reformed and even if the original note is lost, legally they can deal with this as well. (mortgages don't get lost if they get recorded, the note does because it is not). All of these tactics may get additional time for the borrower but not cancel or halt the process in any substantial manner.

    Further, as stated above. Many firms are still illegally collecting fees from borrowers selling this false hope. Mortgage modifications, if done by 3rd party, are to be licensed per the law that passed last year or a little earlier. That fee can not be collected unless the modification is successful. A final comparison, typically a foreclosure defense attorney is going to charge a little more than $2,500 for his time and effort. The above fees don't seem to cover that sort of service which says something.

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