Archive for the ‘Carlos in your Corner’ Category

Foreclosure Scams Rise Nearly 60%

Saturday, April 21st, 2012

As Alex reported 4/21/2012 on Property Source Radio.
Realtor.org – Daily Real Estate News | Tues April 17, 2012
News Sponsored by WNYopenhouse.com
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Mortgage foreclosure scams — which seek to dupe struggling home owners with offers to save them from financial troubles — have soared nearly 60 percent this year. Scammers are increasingly using federal programs, like refinance programs such as HARP and HAMP, to try to trick home owners, reports the Homeownership Preservation Foundation (HPF), a nonprofit group that helps home owners avoid foreclosure.

“Every new government initiative spawns a slew of foreclosure avoidance scams, often from the same cast of characters doing business under various names to avoid easy detection and identification,” says Colleen Hernandez, CEO of HPF.  “Most of these scams involve individuals supposedly offering mortgage foreclosure avoidance assistance that trained HPF counselors provide at no cost. Sadly, with most scams, no meaningful services are ever provided.”

About half of the reported scams to HPF tend to involve claims of specialized “legal services” from attorneys or individuals to help home owners avoid foreclosure.

The HPF warns that scammers also are using the HPF logo and brand to try to dupe home owners in foreclosure rescue scams.

“The only way distressed home owners can be certain they are dealing with a trained HPF counselor is by calling 888-995-HOPE,” Hernandez says.

Source: Homeownership Preservation Foundation

HOW TO HIRE A HOME IMPROVEMENT CONTRACTOR

Saturday, February 25th, 2012

Carlos in Your Corner, 2/11/2012 on Property Source Radio.
by Carlos Rodriguez, Former NYS Assistant Attorney General
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WHAT YOU NEED TO DO/KNOW BEFORE YOU DECIDE TO HIRE A CONTRACTOR?

►RESEARCH & MAKE A DETAILED LIST OF ALL WORK THAT YOU WOULD LIKE DONE BY CONTRACTOR.

►OBTAIN AT LEAST THREE WRITTEN ESTIMATES FROM RELIABLE CONTRACTORS./ CHECK REFERENCES PROVIDED BY CONTRACTOR.

►OBTAIN PROOF OF CONTRACTOR’S BANK ESCROW ACCOUNT & INSURANCE COVERAGE FROM CONTRACTOR.[ WORKER’S COMP./LIABILITY ETC.]

►INVESTIGATE  WHAT BUILDING PERMITS/OTHER APPROVALS ARE REQUIRED BEFORE WORK BEGINS.

►GET  EVERYTHING  IN WRITING.-CONTRACTORS MUST PROVIDE CONSUMERS WITH A WRITTEN CONTRACT WITH REQUIRED DISCLOSURES IF CONTRACT IS OVER $500. The contract must be signed by the contractor and consumer.

►NEVER PAY FULL AMOUNT UP FRONT-KNOW WHERE YOUR PAYMENTS ARE GOING-DON’T MAKE FINAL PAYMENT UNTIL WORK IS COMPLETED AND YOU ARE SATISFIED WITH THE WORK PERFORMED.

►MAKE SURE THAT THE PROMISES MADE BY THE CONTRACTOR ARE STATED AND EXPLAINED IN THE WRITTEN CONTRACT.

►MAKE SURE THAT THE CONTRACT CONTAINS A STATEMENT OF THE ANTICIPATED START DATE AND COMPLETION DATE OF THE ENTIRE PROJECT.

►BE CAREFUL OF MODIFICATION OF WORK/ COSTS AFTER THE ORIGINAL CONTARACT IS SIGNED. Contractor should provide a complete estimate of the work required/ costs  in order to complete the work at the time the original contract is signed.

Remember that hiring a good contractor involves doing your homework first. Never agree to terms in a contract which are ambiguous or excessive.

Some Scams To Watch Out For

Saturday, February 25th, 2012

Carlos in Your Corner, 2/25/2012 on Property Source Radio.
by Carlos Rodriguez, Former NYS Assistant Attorney General
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Spring is in the air and so are some scams. We have received some reports of scams in our area that everyone needs to be aware of. They all include something along the lines of someone is in legal or medical trouble and you need to send money right away. Do not give them any information, get a name and return phone number (google that number and you may be surprised), and report to your local PD so we can track these incidents.

The next scam that always pops up in the spring is home repair scams. Sooner or later we all need work done to our homes so here are some warning signs and tips to help keep you safe:

Warning signs you should watch for include when a salesperson:
Contacts you first (comes to your home uninvited or contacts you by telephone);
Tells you that you need to make repairs immediately;
Talks too fast (to confuse you) and pressures you to sign papers today;
Tells you that they are doing work in your neighborhood and claims they have “extra materials” left from another job;
Offers to use your home as a “display home” or offers a discounted price or “discounts” for referrals, but only if you buy today!
Tells you something that sounds too good (or bad) to be true. (It probably is not true!)
Tips to Avoid Scams

Do your homework and be prepared:

Before you contact a home improvement company, decide first what you want to have done and how much you can afford to spend. Don’t let the company decide for you.
Talk to friends and family to get names of reputable contractors they have used.
If you need financing to pay for home repairs, shop around first. The financing offered by a contractor may be expensive, so check with banks, credit unions, etc., to see if you can find a better deal. Be wary of credit life insurance and credit disability insurance, as these can be very expensive and are rarely needed.
If you cannot afford to pay for home improvements in cash, many honest (and dishonest) home improvement companies will offer to finance the cost for you. Many times they want to take a mortgage (called a “deed of trust”) on your home. A deed of trust means that if you do not make all of your payments, you could lose your home! So think twice before signing a deed of trust or any other contract — ask yourself whether you are willing to risk losing your home if you get behind in your payments.
Get at least two estimates:

Many companies give free inspections and written estimates — get two or three before choosing a contractor. Remember that the lowest price is not always the best deal. Compare costs, materials, and methods suggested by different companies to decide what materials and methods are best for your home.
Check out the contractor:

Is the company reputable? How long has it been in business? Ask for references and then check them out! Make sure the company is licensed, bonded, and insured. Ask to see its certificate of insurance. Contact the Better Business Bureau and Attorney General to check on complaints.
Ask if there is a guarantee or warranty. If so, make sure it is in writing. If the company won’t put its promises in writing, look for another company which will.
Understand the contract:

Do not sign the contract until you read it carefully. If the salesperson pressures you to sign before you read and understand all of the contract – don’t sign it! Never rely on the salesperson to read or explain the contract to you. Ask a trusted friend or lawyer to assist you.
Do not let someone talk you into buying something you don’t need — or can’t afford.
Do not pay for repairs in advance.  Pay the final payment only after the work is complete.
Do not sign a contract unless:

It includes a detailed description of the work to be done and specifies exactly what materials will be used and their quality;
All of the contractor’s promises are in writing;
The contract includes the starting date and estimated completion date; and
The contract is fair and the terms (including the price, finance charges and payments) are what you agreed on. If not, do not sign it!
Be sure to get a copy of everything you sign when you sign it.
Inspect the work

Make sure that the contractor has a City permit to do the work. Inspect all of the work very carefully to make sure it was done properly. If you have any doubts or questions, do NOT make your final payment or sign a “completion certificate” until the work is properly finished.

RGE/NYSEG-Security Breach-Possible ID Theft Affecting Customers

Saturday, February 11th, 2012

Carlos in Your Corner, 2/11/2012 on Property Source Radio.
by Carlos Rodriguez, Former NYS Assistant Attorney General
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The purpose of this Consumer Alert is to assist recipients of a recent letter sent to over a million RG&E/ NYSEG customers in connection with the unauthorized access to RG&E/NYSEG customer information systems. The letter dated January 23, 2012 states, in part, “an employee of an independent software development consulting firm ( contracted by NYSEG and RG&E ) allowed unauthorized access to one of our customer information systems.  The customer records contain Social Security numbers, dates of birth and, in some cases, financial institution account numbers”.

If you are a RG&E or NYSEG customer and you received this important notice, YOU NEED TO ACT IMMEDIATELY BEFORE YOU BECOME A VICTIM OF ID THEFT AS FOLLOWS:

1.     Contact one of the Credit Reporting Agencies (“ CRA”) to with: EQUIFAX-1-800-525-6285, EXPERIAN-1-888-397-3742  and TRANS UNION-1-800-680-7289 and request that your Credit File be placed on a 90 Day Temporary Fraud Alert. Calling one CRA will automatically trigger the other two CRA’s to place the same alert on your Credit File.

2.    Obtain a copy of your Credit Report from each CRA.  You can obtain FREE COPIES OF YOUR CREDIT REPORTS BY DOWNLOADING THE FORM AT: WWW.ANNUALCREDITREPORT.COM AND MAILING IT TO THE ADDRESS PROVIDED IN THE FORM.

3.    Review your Credit Reports to determine if there are any unauthorized or fraudulent activity .  If you discover any unauthorized accounts, Federal Law requires the Furnisher (i.e. Credit Card Company etc.) and the Credit Reporting Agency to investigate and delete the erroneous account information.  In addition, monitor and review all of your monthly Credit Card statements and bills .

4.    If you discover that new accounts have appeared on your Credit Report, you may be a victim of ID Theft.  If so, do the following:
A) File a Police Report explaining that your Credit Report and account information have been compromised.
B) File a ID Theft Complaint with the Federal Trade Commission (“ FTC”) at www.FTC.gov.

5.    RG&E and NYSEG have arranged for Experian to offer customers the option of a year of free credit monitoring free of charge. Read the fine print in connection with the terms and conditions of this “free” one year service.

REMEMBER : ID THEFT IS A GROWING BUSINESS FOR SCAMMERS.  A SCAMMER’S ACCESS TO YOUR PERSONAL – FINANCIAL INFORMATION WILL CAUSE FINANCIAL TRAUMA TO YOU AND YOUR FAMILY IF YOU ARE NOT PROACTIVE.

GOOD LUCK

Biography of: CARLOS RODRIGUEZ Assistant Attorney General

Wednesday, February 8th, 2012

Carlos Rodriguez is originally from the Bronx , New York but now considers Rochester his home. In April, 2009, he retired as an Assistant Attorney General [ “ AAG “]with the Office of the Attorney General of the State of New York. He served as an AAG for 28 years under the tenure of five(5) Attorney Generals.

Carlos graduated in 1973 from Manhattan College in the Bronx with a Bachelor of Science degree in Business Administration/Economics .   He graduated in 1976 from the University of Buffalo School of Law and was  admitted to practice law in the Fourth Department in September 1977.  He also formerly worked for both the Legal Aid Society of Rochester and the Monroe County Public Defender=s Office; and from 1981 to the present, he has been with the Office of the NYS Attorney General.  He is also admitted to practice in the US District and Bankruptcy Court for the Western District of New York and is a certified trial and consumer frauds attorney .

Prior to retirement, Carlos worked in the Public Advocacy/Consumer Frauds Bureau for 15 years. During that tenure, he handled hundreds of civil / criminal cases involving fraudulent home contractors, charities fraud, UPL, immigration fraud, auto dealers, predatory lending and other cases involving fraudulent and illegal business practices and scams affecting elderly consumers. In retirement, Carlos serves as a local consumer advocate, talk radio host and an attorney in private practice. In October,2011, Carlos was selected to Chair the Lifespan-Finger Lakes ID Theft Coalition.

Carlos has served his entire pre-retirement legal career ( 32 + years) in public interest/government service.