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Warning to Idaho Home Owners concerning "Rescue Plans" that claim to prevent mortgage foreclosure. There are lots scams calming to save your home. Beware of rent back deals. Never sign your hme over to someone promising to pay your loan off. Never do a quit claim deed transfer. Make sure you use a title company to close your sale. Even be wary of real estate agents claiming to be short sale experts. Many are, but many are just trying to be. Watch the video below to see how one home rescue scam is playing out across the country. It happens even in Idaho. click on the short sale approval letters tab on the left. If anyone has contacted you about buying your home quick, be very careful. Be very careful of we by houses schemes. Read this page, watch the video and after you view the short video please click on the short sale approval letter and the alternative to foreclosure tabs on the left to get more information. Email gosche@cableone.net and ask for a short sale report. One more thing to watch out for are investors wanting to buy your home as a short sale. They may tie you up so you can't sell to a legitimate buyer only to leave you in default and high, dry and facing foreclosure.
We understand the Senate bill below to be a warning to vulnerable home owners who may be now or in the future in trouble and or getting behind on mortgage payments and in fear of bankruptcy or foreclosure. There are investors, and real estate professionals who have various "plans" claiming to allow you to avoid foreclosure. It may very well be that a short sale or other action may help and in fact be the only way to avoid losing your home and still being indebted to a lender for deficiency. The purpose of this bill is to insure as best as possible that you as a home owner are informed and understand any contract that you may enter into and it is the responsibility of a trustee, or anyone proposing such a plan to give you the information below in writing on canary yellow paper. If anyone has contacted you or not, and you want more information please call Jon Gosche at 208-870-2115 or John Boles at 208-830-6185. We would be happy to listen and look at your situation and help answer any questions that you have. Please read the section of the bill below.
Section of Idaho Foreclosure Law SENATE BILL NO. 1431, As Amended
The following is a section of Senate bill 1431 which makes it mandatory for trustees, and individuals or businesses that claim that they can “save” your home from foreclosure. It is unclear whether this includes Realors®, but we believe this is not only good law but right that you as a potential short sale seller understand this. Particularly important is what I have enlarged above and beyond the required 12 point sized print below. 38 this subsection (3) shall be deemed effective at the time of mailing. In addi- 39 tion, the trustee shall mail the notice required in this section to any indi- 40 vidual who owns an interest in property which is the subject of this section. 41 Such notice shall be accompanied by and affixed to the following notice in 42 twelve (12) point boldface type, on a separate sheet of canary yellow or some 43 similarly colored yellow paper, no smaller than eight and one-half (8 1/2) 44 inches by eleven (11) inches:
45 "NOTICE REQUIRED BY IDAHO LAW
46 Mortgage foreclosure is a legal proceeding where a lender terminates 47 a borrower's interest in property to satisfy unpaid debt secured by 48 the property. This can mean that when a homeowner gets behind on his 49 or her mortgage payments, the lender forces a sale of the home on 50 which the mortgage loan is based. Some individuals or businesses may 4 1 say they can "save" your home from foreclosure. You should be cau- 2 tious about such claims. It is important that you understand all the 3 terms of a plan to "rescue" you from mortgage foreclosure and how it 4 will affect you. It may result in your losing valuable equity that 5 you may have in your home. If possible, you should consult with an 6 attorney or financial professional to find out what other options you 7 may have. Do not delay seeking advice, because the longer you wait, 8 the fewer options you may have.
9 Under Idaho law, you have five (5) days to rescind or undo certain 10 contracts or agreements that relate to transferring interests in 11 property or money in a foreclosure situation. An attorney or finan- 12 cial professional can tell you more about this option.".
13 If the trust deed, or any assignments of the trust deed, are in the Span- 14 ish language, the written notice set forth in this section shall be in the 15 Spanish language on a form to be prepared and made available by the office of 16 the attorney general. 17 (4) No action, suit or proceeding has been instituted to recover the debt 18 then remaining secured by the trust deed, or any part thereof, or if such 19 action or proceeding has been instituted, the action or proceeding has been 20 dismissed.
Sincerely,
Jon Gosche
Broker, GRI
Licensed Idaho Real Estate Broker
208-870-2115
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