Equity skimming is a particularly insidious form of real estate fraud that targets property owners, often those who are already in a vulnerable financial position. This scam involves a fraudulent party taking over a property owner’s mortgage payments, typically with the promise of preventing foreclosure, only to divert the property’s equity for their own gain. The consequences for victims can be devastating, leaving them with ruined credit and the potential loss of their homes. In this article, we’ll explore what equity skimming is, provide examples of how it operates, and offer advice on how property owners can protect themselves from this type of fraud.
What is Equity Skimming?
Equity skimming typically occurs when a scammer approaches a distressed homeowner with an offer to “help” them avoid foreclosure. The scammer promises to take over mortgage payments in exchange for the homeowner signing over the deed to their property, often under the guise of a lease or contract for deed arrangement. The scammer then rents out the property to tenants, collects rent, and pockets the equity—the difference between the property’s value and the mortgage balance—without ever making the promised mortgage payments. Eventually, the property falls into foreclosure, and the original homeowner is left with no equity and severely damaged credit.
While some scenarios involving the transfer of mortgage payments can be legitimate, it’s essential for homeowners to thoroughly vet any potential arrangement. In cases where a buyer genuinely intends to take over mortgage payments, hiring a reputable and licensed real estate agent as a listing agent can help ensure the transaction is handled legally and transparently.
Examples of Equity Skimming Scams
- The “Foreclosure Rescue” Scam: In this scenario, a scammer targets a homeowner facing foreclosure. The scammer offers to “save” the home by making the mortgage payments on behalf of the homeowner. In return, the homeowner signs over the deed to the property. The scammer then rents the property to unsuspecting tenants while neglecting to pay the mortgage. Over time, the property goes into foreclosure, and the homeowner loses both the property and any remaining equity.
- The “Investor Purchase” Scam: In this variation, the scammer presents themselves as a real estate investor interested in purchasing the property. They offer to buy the home but claim that they will take over the mortgage payments rather than paying off the existing loan. The scammer convinces the homeowner to sign over the deed, but instead of paying the mortgage, they rent out the property and pocket the profits until the bank forecloses.
- The “Contract for Deed” Scam: This scam involves a fraudulent buyer who convinces a homeowner to sell their property through a contract for deed, where the buyer makes installment payments directly to the homeowner. The scammer rents out the property and collects rent without making any payments to the homeowner. Eventually, the homeowner discovers that the payments are not being made, and they lose the property to foreclosure.
How Property Owners Can Prevent Equity Skimming
To protect yourself and your property from equity skimming, it’s essential to be aware of the warning signs and take proactive steps to safeguard your interests.
- Never Sign Over the Deed Without Paying Off the Mortgage: Be extremely cautious about any deal that requires you to sign over the deed to your property without paying off your mortgage. Legitimate buyers will either pay off the mortgage or obtain new financing.
- Consult with a Real Estate Professional or Attorney: Before making any decisions involving your property, consult with a licensed real estate professional or attorney. They can help you understand the implications of any contracts and ensure that you are not falling victim to a scam. Hiring a reputable and licensed real estate agent as a listing agent is particularly important in navigating the complexities of property transactions.
- Verify the “Due On Sale” Clause: Many mortgages contain a “Due On Sale” clause, which requires the full mortgage balance to be paid upon the sale or transfer of the property. It’s important to verify whether your mortgage has this clause before agreeing to any arrangement that involves transferring the deed. Any attempt to circumvent this clause, such as through the creation of a living trust for the benefit of a third-party buyer, should be thoroughly reviewed by proper legal counsel. While a legitimate revocable living trust, where a predesignated successor trustee has been named, is a valid estate planning tool, it should not be used to sidestep mortgage requirements.
- Monitor Your Mortgage Statements: Even if you have an arrangement with someone to make payments on your behalf, always monitor your mortgage statements to ensure that payments are being made. If you notice any irregularities, contact your lender immediately.
- Be Wary of Too-Good-to-Be-True Offers: Scammers often prey on desperate homeowners by making offers that seem too good to be true. If someone promises to solve all your financial problems quickly and easily, be skeptical and seek a second opinion.
- Report Suspicious Activity: If you suspect you are being targeted by an equity skimming scam, report it to local law enforcement and your state’s consumer protection agency. Additionally, the Ventura County Consumer Fraud Unit is a valuable resource for reporting and investigating fraudulent activity.
Conclusion
Equity skimming is a dangerous scam that can lead to the loss of your home and financial ruin. By understanding how these scams work and taking steps to protect yourself, you can avoid becoming a victim. Always approach offers that seem too good to be true with caution, consult with professionals, and keep a close eye on your mortgage and property records. By staying vigilant, you can safeguard your property and preserve your financial well-being.
If you feel you have been the victim of an equity skimming scheme in Ventura County or would like to report a potential case of equity skimming in Ventura County, contact the Ventura County District Attorney Real Estate Fraud Unit by clicking the links above or contact local law enforcement.