2/10/2011 3:10 PM (PST)
The loan modification industry has generated hundreds of thousands of complaints over the past few years. An FTC regulation was recently finalized that banned advance fees and required various disclosures and other restrictions on loan modification operators.
Attorneys are generally exempt from the rule if they meet three conditions: they are engaged in the practice of law, they are licensed in the state where the consumer or the dwelling is located, and they are complying with state laws and regulations governing attorney conduct related to the rule. THIS MEANS THAT ATTORNEYS ARE NOT EXEMPT FROM THIS RULE IN STATES LIKE CALIFORNIA WHERE THERE IS A LAW PROHIBITING ANY ADVANCE FEES. To be exempt from the advance fee ban, attorneys must meet a fourth requirement – they must place any fees they collect in a client trust account and abide by state laws and regulations covering such accounts.
All provisions of the rule except the advance-fee ban becAme effective December 29, 2010. The advance-fee ban provisions became effective January 31, 2011. Back to Pinnacle: the reviews on Pinnacle should interest you: http://www.trustlink.org/Reviews/Young-and-Associates-Mortgage-Inc-206389547
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2/11/2011 8:01 AM (PST)
Is the National Consumer Law Group asking for upfront fees?
Because the loan modification industry has generated hundreds of thousands of complaints over the past few years the FTC recently finalized rules that banned advance fees and required various disclosures and other restrictions on loan modification operators.
Attorneys are generally exempt from the rule if they meet three conditions: they are engaged in the practice of law, they are licensed in the state where the consumer or the dwelling is located, and they are complying with state laws and regulations governing attorney conduct related to the rule. Our understanding of this is that attorneys are not exempt from this rule in states like California where there is a law prohibiting any advance fees. To be exempt from the advance fee ban, attorneys must meet a fourth requirement – they must place any fees they collect in a client trust account and abide by state laws and regulations covering such accounts.
All provisions of the rule except the advance-fee ban became effective December 29, 2010. The advance-fee ban provisions became effective January 31, 2011.
Our Facebook page also contains information on special mortgage assistance programs that some of teh states have deployed. http://www.facebook.com/Los.Angeles.BBB
Good luck, the loan mod path is not an easy one.
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