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This U.S.-focused guide explains how to test an offer, what federal fee rules do and do not prohibit, how to compare a written modification, and what to do if you are already behind or have received foreclosure papers. State foreclosure procedures and attorney rules vary, so treat this as consumer guidance rather than state-specific legal advice.
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Start with a five-minute safety check
Put the conversation on hold while you check the basics. A legitimate helper cannot approve a loan modification on the lender’s behalf, stop a foreclosure by promise alone, or replace your servicer’s official instructions. The person contacting you may be a referral service, a lawyer, a nonprofit, or a scammer; the label is not proof of legitimacy.
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- Do not send money yet. Do not pay by wire, gift card, cryptocurrency, cash, or a personal account supplied by a caller. Do not authorize an automatic debit until you have verified the company and the written engagement.
- Do not change your payment destination. Continue using the payment method and address confirmed by your servicer unless the servicer itself gives you new instructions through a channel you found independently.
- Do not sign under pressure. Pause if documents are incomplete, contain blank spaces, use unfamiliar legal terms, or require a deed or title transfer.
- Save the evidence. Keep the email, text messages, envelopes, caller ID, contract, payment request, and every document you received. Do not rely on memory if you later need to complain or obtain legal help.
These precautions do not prove that a solicitor committed fraud. They prevent an irreversible decision while you establish who is involved and what the lender or servicer has actually approved.
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Warning signs that require independent verification
The following behaviors are identified in federal consumer guidance as common foreclosure-relief scam indicators. One sign warrants caution; several together should end the conversation until you verify the offer.
| What the offer does | Why it deserves scrutiny | Safer next step |
|---|---|---|
| Demands money before producing accepted written relief | Covered mortgage-relief providers generally cannot collect a fee before the borrower accepts the lender’s or servicer’s written offer and receives required information about the changes. Attorney arrangements have a limited, conditional exception. | Request every term in writing. Verify the lawyer’s license and the claimed exception rather than accepting a caller’s explanation. |
| Guarantees a modification, a specific payment, or that foreclosure will be stopped | Only the lender or servicer can approve a modification. A third party’s promise is not evidence of approval. | Call the servicer and ask whether it issued the offer, when it was issued, and how you can confirm it in your account. |
| Tells you to stop paying or stop contacting your servicer | Missed payments can damage credit, increase arrears, and reduce available options. Cutting off direct communication removes your best source of account information. | Keep communicating with the servicer and ask about hardship and loss-mitigation options. |
| Directs you to pay a different person or company | Money may be diverted instead of credited to the mortgage account, leaving the loan delinquent. | Use payment instructions confirmed directly by the servicer through a known phone number, statement, or official website. |
| Requests a deed, title transfer, power of attorney, or papers you do not understand | Transferring ownership can put your home at risk even if you remain responsible for the mortgage. A broad power of attorney can permit transactions you did not intend. | Do not sign. Have an independent local lawyer review the document before you do anything else. |
| Uses a government-looking seal, logo, letterhead, or name | Scammers can imitate government designs and claim an affiliation that does not exist. | Find the agency’s website and telephone number yourself. Do not use links or contact details supplied only by the solicitor. |
| Sells a “forensic audit” as a guaranteed way to stop foreclosure | Federal guidance lists guaranteed audit claims as a warning sign. An audit is not a lender approval, and a covered provider generally cannot charge separately for an intermediate step before accepted relief. | Ask the servicer or a HUD-approved counselor whether the proposed service addresses a real need before paying. |
| Creates extreme urgency or says you must decide today | Pressure prevents comparison, independent verification, and legal review. | End the call, obtain the documents, and verify at your own pace. A legitimate professional should allow time for review. |
Verify the offer through channels you find yourself
Never use the phone number, web address, QR code, or reply email supplied only in an unsolicited message. A convincing document can contain convincing but false contact details.
- Locate a recent mortgage statement, coupon book, or payment history. Use the servicer’s customer-service number printed there. If you no longer receive statements, type the servicer’s known web address into your browser rather than following a message link.
- Ask the servicer whether the proposed action exists. Give the representative the solicitor’s name, the alleged case or application number, the date of the offer, and the promised payment. Ask whether the servicer sent a written offer and whether the third party is authorized to communicate about your account.
- Ask what has actually been approved. A “review,” “referral,” or “application submitted” is not the same as an accepted modification. Request the approval date, effective date, trial-payment instructions, and the exact account to which payments must be made.
- Confirm the helper’s identity separately. Check the business address, names of responsible professionals, state registration where applicable, disciplinary history, and written contract. For a lawyer, verify an active license with the bar authority in the state where you live or where the property is located.
- Use a HUD-approved counselor as a second set of eyes. The CFPB’s mortgage-help resources provide a counselor search. HUD’s referral line is listed as (800) 569-4287; verify the current number and service details on an official HUD or CFPB page before calling. Counselor assistance is described by the CFPB as available at no cost.
- Compare the documents. The servicer’s records, not a third party’s sales presentation, establish whether a relief option is real and what you must do to keep it.
When you call, write down the representative’s name, the date and time, any reference number, and the promised follow-up. Send important questions through the servicer’s secure message system or another channel that creates a record.
Understand the federal fee rule before paying
The Mortgage Assistance Relief Services rule limits when covered companies may collect fees. In general, a covered non-attorney provider must first provide a written offer of mortgage relief from the lender or servicer. You must find the offer acceptable, receive written information describing material changes to the mortgage, and receive notice that you may reject the offer without charge. A company cannot lawfully avoid that sequence merely by calling its first service an “audit,” “document review,” or “application fee.”
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The rule is not a universal ban on every fee in every legal engagement. The Federal Trade Commission describes a narrow attorney exemption. The attorney must perform the service as part of the practice of law, be licensed where the client or home is located, comply with applicable state attorney rules, and, for advance fees covered by the rule, place those fees in an appropriate client trust account. State law controls important details. A company’s use of a lawyer’s name, a lawyer on staff, or the words “law firm” does not by itself establish that the exemption applies.
| Question to ask | Why it matters |
|---|---|
| Who is receiving the money? | The contract should identify the legal entity, responsible professional, address, and payment account. Payment to an individual or unrelated business needs explanation. |
| What service is being provided? | The agreement should distinguish legal representation, counseling, document preparation, and referral work. Vague descriptions make it difficult to know what you are buying. |
| When is each fee earned? | For a covered non-attorney provider, a fee generally cannot be collected before acceptable written relief and the required disclosures. For an attorney, ask how trust-account handling and state rules apply. |
| What happens if the lender rejects the request? | Look for refund terms, cancellation rights, and any charges that remain if no relief is offered. Do not assume a “nonrefundable” label overrides consumer-protection law. |
| Can you reject the lender’s offer without a charge? | The required written notice should explain that right for covered mortgage-relief services. |
If a substantial advance fee is requested, verify the lawyer’s license with the appropriate state bar and consult local legal aid or another independent attorney. Do not decide that an arrangement is lawful solely because the salesperson says an attorney exception applies.
Read a proposed modification as a financial contract
A lower monthly payment can result from extending the term, adding unpaid amounts to the balance, changing the interest rate, or using a temporary arrangement. It is not automatically affordable or beneficial. Read the lender’s written offer line by line and compare it with your current statement.
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1Fix the driver behind crashes, sound loss and screen glitches2Repair Windows errors before they cause bigger problems3Scan for outdated or missing drivers - takes under a minute| Term to compare | What to find in writing | Why it changes your decision |
|---|---|---|
| Monthly payment | Principal, interest, escrow, mortgage insurance, fees, and the date the new payment begins | A payment that excludes escrow or lasts only during a trial period can understate your real obligation. |
| Interest rate | New rate, fixed or adjustable status, adjustment dates, and any caps | A temporary reduction may be followed by a higher payment. |
| Loan balance | Amount added for missed payments, advances, or fees and the resulting principal | Capitalized arrears can increase the debt even when the payment falls. |
| Term and maturity | Number of remaining payments and final maturity date | More payments can increase total interest and keep the lien in place longer. |
| Total amount owed | Projected principal and interest over the life of the modified loan, plus stated charges | The CFPB advises understanding total-debt changes, not just the first monthly payment. |
| Trial-period rules | Number, amount, due dates, acceptable payment methods, and consequences of a late or missed trial payment | Missing a trial payment can terminate the offer or require a new review. |
| Escrow and taxes | Who pays property taxes and insurance, whether an escrow shortage is added, and when the amount can change | Escrow changes can raise the payment after the modification starts. |
| Effect on other liens | Whether second mortgages, judgments, or liens are addressed | A first-lien modification may not resolve other claims against the property. |
Ask the servicer to explain any term you cannot calculate yourself. A counselor can help build a budget using stable income, essential expenses, taxes, insurance, and debt payments. Do not rely on a salesperson’s estimate of affordability.
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Know which legitimate help may be available
Direct help from the mortgage servicer
Contact the servicer promptly, explain the payment difficulty, and ask for its loss-mitigation process. Depending on your circumstances, options may include a refinance, loan modification, repayment plan, forbearance, short sale, or deed-in-lieu of foreclosure. Eligibility, documentation, and deadlines differ by loan and investor. Ask what application is required and where to send a complete package.
HUD-approved housing counseling
A HUD-approved counselor can help you understand the servicer’s forms, prepare a budget, identify questions, and compare available paths. Counseling does not guarantee approval and does not replace the servicer’s decision. Use official HUD or CFPB resources to locate a counselor and confirm that the service is currently offered without a fee.
Independent legal help
If you receive a summons, complaint, notice of sale, or other court or foreclosure document, seek a lawyer licensed in the relevant state quickly. Legal-aid organizations may serve homeowners who meet income or case criteria. A lawyer can explain deadlines, defenses, loss-mitigation rights, title documents, and the consequences of a deed transfer. Do not wait for a scam investigation to finish before addressing a legal deadline.
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- Call the servicer today. State the hardship, ask for the loss-mitigation department, and request the exact list of documents needed for a complete application.
- Submit a complete application as early as possible. The CFPB explains that, in circumstances covered by federal servicing rules, a complete mortgage-help application submitted early enough can restrict when a servicer may start foreclosure while the application is evaluated or while you meet modification requirements. The timing depends on the facts; an application does not automatically stop a sale.
- Track every deadline. Record the date documents were sent, the method of delivery, confirmation numbers, trial-payment dates, appeal periods, and any scheduled sale date.
- Open every legal notice. A complaint, summons, notice of default, or notice of sale may trigger a response deadline set by state law. Missing it can limit your options.
- Get local legal advice when papers are served or a sale is imminent. State procedures differ, and only a qualified local professional can apply them to your case.
- Keep making payments if you can, but do not follow a third party’s instruction to stop. If you cannot pay the full amount, ask the servicer what partial payments will do and obtain the answer in writing.
A complaint to a regulator, an application, or a counselor appointment is not itself a court order and does not automatically delay foreclosure. Treat account negotiations and legal deadlines as separate tasks.
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What to do if you already paid or shared documents
If money was sent
Contact your bank, card issuer, or payment provider immediately and ask whether the transaction can be stopped or reversed. Tell the servicer that a third party may have diverted funds; ask how to protect the account and document the missed payment. Preserve receipts, account numbers, contracts, and messages. Do not send additional money to “unlock” a refund or to pay a second company that promises to recover the first payment.
If you signed a deed, power of attorney, or blank document
Obtain urgent advice from a local real-estate or foreclosure attorney. Ask the county recorder or land-records office whether a document was filed and whether state law provides a cancellation or rescission process. Do not assume that moving out, changing locks, or signing a second document restores ownership.
If you disclosed personal information
Change compromised online passwords, enable multifactor authentication, and monitor bank and credit accounts. Consider a fraud alert or credit freeze through the nationwide credit-reporting agencies if your Social Security number or identity documents were exposed. Tell the servicer to watch for unauthorized changes to contact or payment instructions.
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Report suspected fraud without abandoning your mortgage case
Report suspected mortgage-relief fraud through the CFPB complaint process, the Federal Trade Commission’s ReportFraud.ftc.gov, and your state attorney general. Include a timeline, names, telephone numbers, payment records, contracts, and copies of the solicitation. Keep the originals.
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Reporting helps agencies identify patterns, but it does not decide your loan, recover money automatically, or pause a foreclosure sale. Continue working directly with the servicer and seek local legal help if a deadline is near. Ask the agency receiving the report what confirmation you will receive and whether it can refer you to additional resources.
A practical decision path
When the caller says the servicer already approved relief
Ask for the written offer, then call the servicer using your statement or its independently located website. If the servicer cannot locate the offer, treat the promise as unverified and do not pay or sign.
When the caller says payment must be made today
End the call and request the contract by email or mail. Check the company and professional independently, then ask a counselor or lawyer to review the fee and cancellation terms. Urgency is not a substitute for proof.
When a lawyer requests an advance fee
Verify the license, the identity of the lawyer who will perform the work, the scope of legal services, the trust-account arrangement, and compliance with the law of the state where you live or the property is located. If any answer is unclear, obtain independent local advice before paying.
When you cannot afford the proposed payment
Tell the servicer and counselor the amount you can actually sustain after essential expenses. Ask about alternatives, including forbearance, repayment, a different modification, short sale, or deed-in-lieu, and compare the consequences in writing. A promise to “save the home” is not a substitute for an affordable plan.
Documents and questions to prepare
- Your latest mortgage statement, payment history, and any default or foreclosure notices
- The solicitor’s contract, advertisements, emails, texts, envelopes, and caller information
- Recent income records, essential expenses, tax and insurance information, and a list of other liens or debts
- The names and license numbers of any attorneys or counselors involved
- A written timeline of missed payments, calls, applications, offers, and deadlines
Ask the servicer: “What is my current payoff and delinquency status?” “What loss-mitigation options fit my situation?” “What makes an application complete?” “Who is authorized to receive my documents?” “What happens if I miss a trial payment?” and “Is there a scheduled foreclosure date?” Ask the proposed helper: “Who exactly will perform the work?” “What is the total fee and when is it earned?” “What happens if no relief is offered?” and “Can I have independent time to review this?”
Quick Recap
Final checklist before you agree
- There is no unexplained upfront fee or pressure to pay immediately.
- The lender or servicer independently confirms the written relief offer.
- You know the new payment, rate, term, balance, total debt, escrow treatment, and trial-payment rules.
- You will continue communicating and paying the servicer as instructed by the servicer itself.
- You have not been asked to transfer title or sign an unclear document.
- Any attorney’s license and fee arrangement have been verified under applicable state rules.
- You know the response and foreclosure deadlines and have local legal help if papers were served.
- You understand that a complaint or application does not automatically stop foreclosure.
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