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Written by: Editor

Published: 01 June 2009

Created: 01 June 2009

Last Updated: 01 June 2009

OAKLAND – In an effort to fight scam artists who "prey on" vulnerable Californians, Attorney General Edmund G. Brown Jr. on Monday issued a directive forcing foreclosure consultants to register with his office and post a $100,000 bond by July 1.

Those who fail to do so will be in violation of state law, subject to criminal penalties of up to a year in jail and fines ranging from $1,000 to $25,000 per violation.

"California is awash with con artists who prey on vulnerable families facing foreclosure," Brown said. "By forcing foreclosure consultants to submit detailed information to my office and post a $100,000 bond, this registry will help bring long-overdue transparency to this shadowy world."

Up and down the state, scam artists pose as legitimate foreclosure consultants, promising homeowners they will prevent foreclosure. In reality, these scam artists charge huge up-front costs, but don't provide an ounce of help.

Last month, Brown's office prosecuted a scam artist who provided hundreds of homeowners with forged bank documents and directed them to send their mortgage payments to accounts she had created, instead of the homeowners' lender.

Additionally, Brown's office has seen a significant increase in the number of complaints from homeowners regarding foreclosure consultants.

The registry unveiled today will provide Californians with information about potential consultants and recourse in the event that a consultant violates the law.

All foreclosure consultants operating in California must post a $100,000 bond and register with Brown's office by July 1 and submit the following information:

• Name, address and telephone number;

• All names, addresses, telephone numbers, Web sites and e-mail addresses used or proposed to be used in connection with their business;

• Copies of all advertising;

• Copies of each different contract the consultant will use with consumers; and

• A copy of its $100,000 bond.

Foreclosure consultants who provide proper information will receive a Certificate of Registration. Brown's office, however, may refuse to issue, or revoke, a Certificate of Registration if the foreclosure consultant has made any misstatement in its registration form, has been convicted of fraud or misrepresentation, has been convicted of a violation of the state's foreclosure consultant laws, California's false advertising, unfair or deceptive practices laws or other laws dealing with mortgages.

If the company violates the law, a court may order restitution to victims out of proceeds from the $100,000 bond.

In order to obtain a Certificate of Registration by July 1, 2009, foreclosure consultants should send in their registration application and materials as soon as possible so they can be reviewed prior to July 1.

The registry was established through legislation sponsored by Speaker of the Assembly Karen Bass, AB 180, which was signed into law last year.

A copy of the registration forms may be found at http://ag.ca.gov/register.php under the "Foreclosure Consultant Registry."

After July 1, 2009, consumers can call the Attorney General's office to determine whether the company they are considering dealing with has been issued a Certificate of Registration.

Tips for homeowners

DON'T pay money to people who promise to work with your lender to modify your loan. It is unlawful for foreclosure consultants to collect money before (1) they give you a written contract describing the services they promise to provide and (2) they actually perform all the services described in the contract, such as negotiating new monthly payments or a new mortgage loan. However, an advance fee may be charged by an attorney, or by a real estate broker who has submitted the advance fee agreement to the Department of Real Estate, for review.

DO call your lender yourself. Your lender wants to hear from you, and will likely be much more willing to work directly with you than with a foreclosure consultant.

DON'T ignore letters from your lender. Consider contacting your lender yourself, many lenders are willing to work with homeowners who are behind on their payments.

DON'T transfer title or sell your house to a "foreclosure rescuer." Fraudulent foreclosure consultants often promise that if homeowners transfer title, they may stay in the home as renters and buy their home back later. The foreclosure consultants claim that transfer is necessary so that someone with a better credit rating can obtain a new loan to prevent foreclosure. BEWARE! This is a common scheme so-called "rescuers" use to evict homeowners and steal all or most of the home's equity.

DON'T pay your mortgage payments to someone other than your lender or loan servicer, even if he or she promises to pass the payment on. Fraudulent foreclosure consultants often keep the money for themselves.

DON'T sign any documents without reading them first. Many homeowners think that they are signing documents for a new loan to pay off the mortgage they are behind on. Later, they discover that they actually transferred ownership to the "rescuer."

DO contact housing counselors approved by the U.S. Department of Housing and Urban Development (HUD), who may be able to help you for free. For a referral to a housing counselor near you, contact HUD at 1-800-569-4287 (TTY: 1-800-877-8339) or www.hud.gov.

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Written by: Editor

Published: 31 May 2009

Created: 30 May 2009

Last Updated: 30 May 2009

SACRAMENTO – The state Senate voted 31-8 last week to approve SB 670, legislation by Sen. Patricia Wiggins (D-Santa Rosa) to place a temporary ban on motorized suction dredge mining in California streams until the California Department of Fish and Game (DFG) finishes its court-ordered overhaul of regulations governing this practice, which is highly destructive to spawning grounds for fish.

The Senate’s bipartisan approval of SB 670 means the bill next heads to the Assembly for consideration. SB 670 is an “urgency” measure, meaning that it would take effect immediately upon passage by both houses of the Legislature and signing by Gov. Arnold Schwarzenegger.

Assemblyman Jared Huffman (D-San Rafael) is the bill’s principal co-author; Assemblymembers Noreen Evans (D-Santa Rosa) and Dave Jones (D-Sacramento) are also co-authors.

Suction dredge mining involves sucking up sediment from rivers or streams and spitting it out again. “Current California regulations permit monster-sized dredges capable of moving thousands of yards of river bottom in a summer season,” Wiggins said. “This kills fish eggs, immature eels and churns up long-buried mercury left over from the gold mining era. In short, it’s harmful to fish at a time when they need our help the most.”

The DFG has been ordered by the courts to overhaul regulations governing suction dredge mining on streams.

In 2005, the Karuk Tribe sued DFG to force the department to overhaul its suction dredging rules. Pushed by suction dredge miners, the courts ordered the department to complete a California Environmental Quality Act (CEQA) review before it acted. That review was supposed to take 18 months and be completed by July 2008, but DFG has yet to begin.

That led the Karuk Tribe, California Trout, Friends of the North Fork and the Sierra Fund to petition DFG to, while it completes its EIR, issue emergency regulations to limit dredging on Klamath tributaries and five other streams in the Sierra.

DFG officials refused to issue regulations, arguing that they cannot do so under current law. Last year, all salmon fishing was banned along the Pacific coast of California and Oregon.

“The crisis is so dire that the ban has been placed again this year,” Wiggins said. “This is affecting the livelihoods of thousands of commercial fishermen, fish processors and charter boat operators, and eliminating hundred of thousands of dollars in economic activity.”

She noted that at a minimum, it will take DFG two more years of study before the CEQA review is completed and rules can be updated to protect fish – and two more years of status quo dredging while endangered salmon populations continue to dwindle.

“This is a classic instance why we must use the precautionary principle to guide decisions,” Wiggins said. “We must err on the side of the fish, because their survival is at stake. It simply doesn’t make sense to jeopardize an entire fishery, and to ask commercial fishermen to halt all fishing while allowing status quo for a recreational hobby.”

A temporary ban on the issuance of suction dredge mining permits will save the DFG an estimated $1.3 million in costs to administer a program that does not pay for itself, and allow it to dedicate saved funding toward paying for the EIR necessary to complete regulatory review. The ban does not extend to non-motorized recreational mining, such as panning for gold.

SB 670 is supported by the California Coastkeeper Alliance, California Tribal Business Alliance, California Trout, Clean Water Action, Friends of the River, Karuk Tribe, Pacific Coast Federation of Fishermen's Associations, Planning and Conservation League, Ramona Band of Cahuilla Indians, San Manuel Band of Mission Indians, Sierra Club California, Sierra Fund, Sierra Nevada Alliance, and Sycuan Band of the Kumeyaay Nation.

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Written by: Editor

Published: 30 May 2009

Created: 30 May 2009

Last Updated: 30 May 2009

SACRAMENTO – In an effort to increase contracting opportunities for California’s small businesses, the California Department of Transportation (Caltrans) has partnered with the U.S. Small Business Administration (SBA) to help California small businesses bid on construction projects.

The first such partnership in the nation and one of the top ten recommendations from participants at Governor’s Conference on Small Business & Entrepreneurship, the joint Bonding Assistance Initiative helps qualified small businesses access bond guarantees – which are required on Caltrans construction contracts and are currently difficult for small businesses to attain.

“Small businesses are the backbone of our economy and California’s new partnership with the U.S. Small Business Administration relieves what was previously a huge challenge for these organizations in bidding on Caltrans projects,” said Gov. Arnold Schwarzenegger. “Helping California’s small businesses helps our economy, helps our state – and in this case helps level the playing field for these small business contractors.”

Under the joint Bonding Assistance Initiative, qualified small businesses can more easily obtain the necessary bond guarantees required on Caltrans construction contracts.

Prior to this partnership, California-based small businesses faced a limited number of companies issuing SBA surety bond guarantees. California’s new partnership with the SBA will increase the number of surety bond companies statewide so small businesses will have easier access to bond guarantees and applications, which are required on Caltrans construction contracts.

With better access to bond guarantees, this initiative will help increase small business bid participation as Caltrans advertises its projects, including those funded by the American Recovery and Reinvestment Act (Recovery Act). California has received nearly $2.6 billion in Recovery Act funding for highway and local streets, and Caltrans is advertising projects for contractors, including small businesses.

The SBA helps eligible small businesses obtain the surety and performance bonds needed to work on state highway projects through its Surety Bond Guarantee Program, a public-private partnership between the federal government and the bond-issuing surety industry.

Caltrans, through its Office of Business and Economic Opportunity, will work in conjunction with the SBA to provide free education and technical assistance statewide through Caltrans and SBA district offices.