Realty Law Center

Effective October, 2009 in California, it is illegal to collect any fees, regardless of the form, for negotiating or attempting to negotiate a loan modification for a residential mortgage. All modification services must be fully completed before any money can be collected. It is also illegal to divide fees or services into components for the purpose of avoiding this law.

HUD approved housing counseling agencies are exempt from this law. For businesses outside of California, please check with the agency that regulates this industry.

The BBB suggests that consumers be wary of attorneys offering loan modification services with advertisements that do not expressly identify by name the attorney who is responsible for the business. In some cases office staff will not readily identify by name the attorney responsible for oversight of the business. Other signs of possible problems may be that the attorney in charge of the office is too busy or not willing to meet personally with prospective clients. Often these firms may advise the homeowner to stop paying the existing mortgage or they make unsubstantiated advertising claims that sound too good to be true. Some of these claims might include a “90 or 100 percent rate of success in obtaining loan modifications or claims that a reduction in the mortgage principal is likely to be achieved. Avoid Attorneys that demand payment of a large fee even before obtaining a prospective client’s basic income and expense information and information about the existing mortgage and present home value. If you reside in another State keep in mind the attorney is required to be licensed to practice law in the state where the consumer resides. Consumers having a problem with the attorney handling their loan modification may contact the State Bar at 1-800-843-9053 or visit the State Bar’s Web site at www.calbar.ca.gov to find a complaint form.