3 Tips on Locating a Reputable Attorney

It never ceases to amaze me how many criminal cases in Denver go to a plea bargain without an attorney. In the end usually I hear from a defendant just how unhappy they are with the process and the disposition of the case. Of course hiring an attorney was not an option because of the cost associated with hiring an attorney or lawyer, and usually I hear about their previous experience which wasn't a positive one. I think we have all hired an attorney or legal professional that just didn't seem to give the services they charged for, and that is exactly why I am writing this post.

Solid legal counsel is going to cost money; there is no way around that. Having excellent representation is worth more than handling negotiations with a District Attorney yourself; I have seen this first hand, over and over again. So with that being said, how do you locate that Denver attorney or Denver lawyer that is going to both fit your budget and give you the representation that you deserve?   First, start off with the consultation. It seems to me that most people will attend one consultation and then either hire that lawyer or not hire a lawyer at all.

What I have found is that attending three or maybe even four consultations is the best way to make a decision as to whether or not you will need an attorney. I have never recommended that someone not hire an attorney, but there are those rare cases where just handling the case yourself probably makes better sense. For example a simple traffic violation versus a criminal charge like domestic violence, in the case of the traffic violation, this might be a case where I would negotiate with the Denver District Attorney myself.

I know you are saying, "All this goes without saying, doesn't it?" Yes it does, but I want to make certain that I am clear. For serious charges, it is rare that a defendant does not benefit from consulting with a Denver Criminal Defense Attorney. Your Denver Criminal Defense Lawyer should be able to identify important pretrial issues and explain it to you in a way that you are never out of the loop. If you feel that your attorney is proceeding without explaining the entire process to you, then it is probably time for you to find a different attorney or stop the process and make certain you are completely informed.

This is why the consultation process was so important to begin with. It is never okay for you to just go with an attorney because you feel like they know what they are doing; make absolute certain that you know their experience is going to be a benefit to you. Seems to make sense while you read this, but how many times have you allowed an attorney in Denver to file a motion on your behalf without reading the motion? When you read the motion did you understand it?

If you did not understand the motion, did you tell the attorney to go ahead with the motion? Make sure you ask the simple questions and understand the ramifications of your case entirely, this will prevent future disappointment. It seems that whenever I hear a defendant complaining about their attorney or lawyer, they explain that the attorney never explained the sentence to them all the way or, "I never agreed to serve four years probation but that is what I received." Had they taken the time to understand their case and just throw it in the hands of their attorney they probably would have known about their sentence and they would not be surprised with the outcome.  

Be wary of entering into a retainer agreement which calls for additional payments if the case will go to trial, make certain that you nail the fees down in the beginning. I have had many experiences where attorneys have gone crazy with the retainer and it was spent in a matter of weeks. I am not suggesting that you constantly negotiate with your attorney about their fees; a good attorney is going to be expensive. I am suggesting that you not pay more than you have to. Find out what the retainer is going to cover and if that retainer is expected to take your case through trial.

It is not unusual for appellate lawyers to hear clients recite that they entered into guilty pleas after they were unable to come up with necessary funds to pay their lawyers to proceed with a trial. It is your responsibility to find out how much your case is going to cost. I can already hear your attorney giving you the most common, "Well, it really depends on whether or not we go to trial, if we go to trial would there be an appeal?" When I can't seem to get a straight answer from the attorney I move on to the next, it is not unreasonable to hear an estimate of what it will cost.

Of course a good attorney will inform you that they are uncertain because they do not want to be held accountable should your case cost more than originally anticipated which is completely reasonable. All we are looking for here is an estimate so that we can be prepared to go to trial if we need to.   In my experience, finding a good criminal defense lawyer in Denver can be difficult, here are some suggestions of resources I have found useful:  

1.)           Referrals - If you were arrested and incarcerated, then obviously what better crowd to ask for referrals. It seems inmates always know which criminal defense attorneys are worthwhile and which are not. This is not the absolute best source for referrals, but I do find more value here than asking an attorney for a referral. I don't want to be referred to an attorney just because they played golf with the attorney I asked for the referral from. However, if you do already work with an attorney or lawyer in Denver  that you trust, than this would absolutely be an excellent place to start for a solid referral.  

2.)           Courtroom Observation - Before you discount this one, stop and think. Doesn't it make sense that you would watch an attorney in the courtroom and see how they handle themselves? I have found an excellent attorney by just going to court and watching several cases.  

3.)           Directories - There are several competent law directories with excellent attorneys for all different sectors of law practice. If you are going to utilize a directory to locate your attorney then it is imperative that you interview a couple of different attorneys so that you are making an informed decision. Seems to make sense right? Again, I have heard over and over again, "We went with the first attorney we met with, he/she seemed capable". Don't get lazy, talk with a couple of different attorneys and make certain that you are happy with your decision don't get lazy, talk with a couple of different attorneys and make certain that you are happy with your decision.

No matter what happens you will need to deal with the consequences of the case. This is not the end all guide to hiring your Denver attorney, but a summary of some important things to consider when hiring an attorney. No matter what it is important to try and be as objective as you can and not get swallowed up with the emotions that are usually tied to a criminal case. Good advice, but usually difficult to follow. This article should not be considered legal advice and is simply a resource for those navigating their way through the many Denver Attorneys that are available.

Article Source: http://EzineArticles.com/2307879

6 Key Questions to Ask Before You Hire a Forclosure Attorney

The 2008 financial crash put a lot of people out of work. It hurt business owners, emptied personal savings, destroyed American home values and lead to massive foreclosures.

What Many Homeowners Don't Know

The crony network of big banks, financial institutions, government, politicians, the courts, and their corporately owned media have used propaganda, lies and spin doctors to convince Americans that naïve and greedy homeowners crashed the global credit markets in 2008.

They blamed the crash and current economic chaos on homeowners who bought too much house. Yes, some mortgagers made some people believe they could buy more home then they could afford. However, the blame here is often misleading.

Why? Obscene broker commissions were a big part of originating mortgages. Banks were on a tear to bundle, securitize, sell and re-sell mortgages. It lead to irregular mortgage practices.

The bigger truth has been revealed that there are no mortgages to back the mortgage-backed securities. Thus former treasury secretary Hank Paulson told taxpayers, "We must bail the banks out, or else everything will collapse."

Iceland Let Their Banks Collapse

In fact, Iceland arrested the financial offenders and put in actual safeguards to restore the capital markets and consumer confidence. We in America got the toothless Dodd-Frank bill that makes it appear legislators are minding the store.

Banking and the financial industry needed major reforms. Instead, after the Wall Street financial crash our American banks actually got 38% BIGGER!

Too Big to Fail and Too Big to Jail

Today banks are bigger than before the economic crash and the Dodd-Frank bill does nothing significant to keep Wall Street from trashing the economy again.

Insanity is doing the same thing you've been doing but expecting a different result.

Fast forward and today, these quasi-patriotic cronies continue the lies and prop up the fraud on the taxpayer's dime. They brazenly continue to cover up their partners' crimes while still receiving a massive transfer of wealth from taxpayers without impunity.

Can You Name One Banker That Went to Jail?

By the way, in 2008 that 800 billion dollar bail out has turned into trillions out the back door of the Federal Reserve straight into bank coufers.

What few Americans realize is that crony capitalists who fleeced institutional investors out of $17+ Trillion, clouded the title on all the mortgages they originated and supposedly sold on the secondary market.

They stole our pension money, wiped out savings and now they're still after your home. In fact, more than 4.9 million homeowners were foreclosed since the Wall Street crash and there's more on the way.

American's need help staying in their home. If the banks and servicers won't deliver then where do homeowners turn for guidance through this financial maze of fraud and corruption?

Many are programmed to think, "Lawyer, that's what I need to stand up for me, to sort out the fraud, to keep my family from being kicked into the streets."

Are Lawyers Best Suited to Standup For Homeowners?

As Americans we've been conditioned to believe that the only people who can help us navigate, legal matters are lawmakers and attorneys. Fortunately, in the realm of foreclosure law, there are a few good ones.

However, when it comes to ferreting out truth or fraud in your foreclosure, few attorneys (Real Estate attorneys included) are equipped or have any desire to fight as hard as a regular educated homeowner.

It's a fact that no one will ever care more about saving your home than you. If staying in your home is not all that important, then most attorneys will do. But buyers beware.

How Do You Choose the Right Lawyer in Foreclosure Matters?

I've personally talked with hundreds upon hundreds of homeowners all across America who routinely pay from $1,000 to $30,000+ in attorney's fees plus monthly retainers and still loose their home. This is more common than you'd think.

I ask homeowners, "What was the attorneys strategy? Was it to help you buy time until you are evicted or actually stay in your home?"

Many homeowners had not thought the end game through. How often do we hire attorneys? There are no Consumer Reports on America's best foreclosure strategies, fighting bank fraud or attorneys.

Most Americans are busy trying to make a living, caring for loved ones, keeping their heads above water and would rather avoid the legal realms. Who can blame them?

So, unless new information is introduced it makes perfect sense that many homeowners don't know what to ask to hire an attorney or figure out what makes one effective over the next.

When it comes to defending your home, the following basic questions will get most homeowners started.

The following six questions came from an interview with Justin James. He is the founder of The Foreclosure Relief Network, a company dedicated to helping homeowners stand up for their legal rights.

The company with its network of private investigators, paralegals and law firm was developed to educate and arm the American consumer with the information necessary to protect families and property against the unlawful actions of banks.

Mr. James emphasizes that "Every homeowner who suspects mortgage fraud or are in foreclosure or about to be, needs to be educated.

They need to know upfront if an attorney will work on your behalf or instead see you as a tool to collect fees while they stall things off in court. By asking these basic but key questions, this is knowable."

You want to interview an attorney just like you would choose a doctor, dentist, CPA or a contractor to work on your home. You want a good fit.

Write Your Questions Down

Mr. James suggests that before you phone or visit an attorney in person, have your questions written down and refer to them.

6 Key Questions to Ask Before You Hire an Attorney to Get a Modification or Defend Your Home Against Banks

1. Do you feel that the banks and their servicers commit mortgage security and/or foreclosure fraud? (Yes) Correct answer.
2. Do you believe that if a bank shows up with a piece of paper that alleges it's the original Note-do you still believe there's a chance of winning court? (Yes)
3. Are you willing to challenge the banks claim of ownership of the note, mortgage, chain of title, etc.? (Yes)
4. Are you willing to cross exam a witnesses? (Yes)
5. Will you challenge and call a robo-signer as a witness? (Yes)
6. Are you willing to be that attorney at the party that went up against the big bankers or challenged a court that seems to lean in favor of big banks? (Yes)

If you get so much as one "no" to the above questions then be aware, your situation may be at cross-purposes with this particular attorney.

To the few that are actually competent and not bluffing their way into your back pocket, these basic but telling questions are not difficult to answer.

Other than the details of your situation, each question does not require you as homeowner to expound any further. Either they know it or they don't. Either they believe banks can do no wrong or believe in justice for homeowners.

When to Walk Away

Bottom line is that if the attorney interviewed is...

• Not comfortable breaking down your chain of title if necessary
• Does not believe the bank is ever wrong about a note or mortgage
• Not willing to challenge the bank or the courts
• Not willing to cross examine a witness...

Then why are you there? Why should they take your money? Don't give them a dime Pack your bags and find another attorney or other expert to interview. Consider...

Who's Paying Your Bill?

You are paying the attorney for a service. You wouldn't go into a car dealership and say...

"I've got $400 a month to spend on a vehicle. Just give me whatever you got to drive."

You'd be surprised how many people would accept poor treatment when it comes to attorneys. Why?

Because some homeowners are intimated and think, the lawyer knows more. That's usually true about civil law matters. That's when a good educated attorney makes sense.

But when it comes to foreclosure, commercial law and challenging the banks-think again. I would challenge you to think outside the box.

Defend Yourself? Really?

Others will say, "YES BUT you can't defend yourself against fraud or a foreclosing bank. You must have an attorney." Many homeowners felt that way in the beginning. However...

We now know plenty of average homeowners who've been educated and succeeded with the guidance of companies like The Foreclosure Relief Network.

But, what few homeowners at first realize is that attorneys are not traditionally schooled in banking and finance.

In fact, I've interviewed some well informed average homeowners who educate their attorneys.

You Deserve to Know What You are Getting for Your Time and Money

If your prospective attorney is the real deal, they will understand your need to interview. That's why it's important to know...

• What does the attorney actually believe about banks and foreclosure?
• Make them lay their cards on the table. Time is of essence.

You simply want to insure that you are investing your energy and money wisely into a winning strategy and NOT prolonging what many attorneys feel is an inevitable foreclosure.

It's a little known fact that if you, as a homeowner are educated and have a complete and correct strategy then foreclosure is NOT always inevitable.

Follow The Money

If you hire an attorney that did not adequately answer these questions, then be advised you, your family and your home may be taken for a professional ride.

According to Mr. James extensive experience with homeowners, banks and courts across America, rare is the attorney who will answer your call, who will fight banks on behalf of your homeowner and constitutional rights.

Most attorneys will not intentionally do you harm because they genuinely believe what they believe. That banks can do no wrong is just part of their many years of education and training.

As important, attorneys take an oath to protect corporations. It's what they do.

That said... put yourself in the attorney's shoes for just a minute. They have a lot of competition. A title, though impressive is no guarantee of success. They are businessmen and women and for many economic times are tough like many homeowners.

Yes, attorneys enjoy a measure of prestige but that doesn't pay the bills. Like you and I, they have to make a living or find a way to survive. Just make sure it's not at your expense.

Who Has More Money? Influence?

A homeowner called Mr. James and was livid because he spent over $7,500 on an attorney who believed that his counsel had defected to the bank side.

Even with documented fraud (common today) as the centerpiece of his defense against the bank, this homeowner lost his home.

The homeowner asks, "Who's got more money here? The Big American Bank or me as homeowner?"

Do you think you'll ever see this homeowner's story on the evening news? It's not likely. Remember who owns and controls media, advertising and reporting.

Of course I don't expect you to believe any of this. Check it out for yourself.

Bank Walks Away

Speaking of a good homeowner story, while working on this article one of Mr. James clients called about Quiet Title action which forces a bank to produce valid documents.

The banks have to prove they have ownership before they can foreclose. In today's heavily securtized financial system that's more and more difficult for banks to validate unless they manufacture documents from thin air. This is known as robo-signing and yes, it's illegal.

Gary is out of the Midwest. He applied several times for a modification and then found himself in foreclosure. He suspected bank fraud. Gary began looking and found a young and hungry attorney out of law school.

The attorney had not yet adopted "a bank can do no wrong" attitude. However, the first hurdle was overcoming this attorney's lack of knowledge on foreclosure fraud, banking and securitization, etc.

Remember few attorneys have this profound knowledge, seek it out or even believe it's possible to help a homeowner to win. It's not taught in law school.

To compensate, Gary began working with Mr. James to gain the education, knowledge, legal templates and strategies. This also saved him thousands of dollars in attorney's research fees.

Gary reported that his homework paid off and the bank walked away. Finding a lawyer willing to listen was the exception in this case. However, keep in mind that...

The Courts Are Available to All Homeowners

Remember, you as an American citizen have constitutional rights.

An attorney is not the only way to stand your ground against bad behaving banks. In fact there are far more effective strategies homeowners can and do take every day.

The majority of homeowners do not realize that with the right kind of education they can in fact represent themselves in court. It's referred to as Pro Se', a petitioner or simply an American citizen. Often it's an effective option. Here's why.

The fact is that the courts cannot hold a regular homeowner to the same standard as they do lawyers. It turns out that with an effective strategy, presented properly, defending yourself against banks often leads to settlements.

Mr. James reports that he sees it everyday and as the courts become more educated, the tides are shifting in favor of homeowners.

Some homeowners combine the idea of Pro Se' (without an attorney) along with private mortgage investigations to uncover irregularities that stop foreclosures.

Bottom Line-Trust Your Gut

Remind yourself that if your home is worth defending then no one will ever fight for your home like you can.

After interviewing the attorney, if you can't say yes, then SAY NO FOR NOW.

Keep looking. If the attorney doesn't feel right-move on. There are viable alternatives. Do your homework.

Finally, if you have a compelling enough why and are willing to do a little legwork, then there are resources that can help you to learn how to stay in your home and prevail even without an attorney.

For over 30 years Daron Powers has consulted for a variety of Fortune 500, mid and small sized companies. He is author of the book Sales in a Challenging Real Estate Market.

Article Source: http://EzineArticles.com/8684226

Mortgage Fraud Schemes in South Carolina - A Review For SC Criminal Attorneys, Lawyers & Law Firms

Mortgage fraud is problem that has reached epidemic proportions in the United States (US) in general and in South Carolina (SC) in particular. The white collar practitioner should be aware that mortgage fraud is generally investigated by the United States Federal Bureau of Investigation (FBI), although other agencies routinely assist the FBI and/or take the lead in investigating a case. Some of the other federal agencies which investigate mortgage fraud crimes for criminal prosecution include, but are not limited to, the Internal Revenue Service-Criminal Investigative Division (IRS-CID), United States Postal Inspection Service (USPIS), U.S. Secret Service (USSS), U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Housing and Urban Development-Office of the Inspector General (HUD-OIG), Federal Deposit Insurance Corporation-Office of the Inspector General (FDIC-OIG), the Department of Veterans Affairs-Office of the Inspector General (DVA-OIG) and U.S. Bankruptcy Trustees.

The FBI works extensively with the Financial Crimes Enforcement Network (FinCEN). FinCEN is a bureau of the United States Department of the Treasury, created in 1990, that collects and analyzes information about financial transactions in order to fight financial crimes, including mortgage fraud, money laundering and terrorist financing. The FinCEN network is a means of bringing people and information together to combat complex criminal financial transactions such as mortgage fraud and money laundering by implementing information sharing among law enforcement agencies and its other partners in the regulatory and financial communities. South Carolina lawyers can keep abreast of mortgage fraud developments by visiting the respective websites of the FBI and FinCEN.

In South Carolina, mortgage fraud is generally prosecuted by federal prosecutors. The United States Attorney's Office (USAO) and the U.S. Department of Justice's (DOJ) Criminal Fraud Section handle the criminal prosecutions of mortgage fraud cases. The USAO in South Carolina has about 50 prosecutors in the state, and has offices in Charleston, Columbia, Florence, and Greenville. In the investigation stage, a person with possible knowledge or involvement in a mortgage fraud may be considered a witness, subject or target of the investigation. A subject is generally a person the prosecutor believes may have committed a mortgage fraud crime, whereas a target is a person the prosecutor believes has committed a crime such as mortgage fraud and the prosecutor has substantial evidence to support a criminal prosecution. Criminal prosecutions of mortgage fraud felony cases are usually initiated through the federal grand jury process. A federal grand jury consists of between 16 and 23 grand jurors who are presented evidence of alleged criminal activity by the federal prosecutors with the aid of law enforcement agents, usually FBI special agents. At least 12 members of the grand jury must vote in favor of an indictment charging mortgage fraud. South Carolina criminal defense lawyers are not allowed entry into the grand jury at any time, and prosecutors rarely fail to obtain an indictment after presentment of their case to the grand jury.

Often targets of a mortgage fraud prosecution are invited by the prosecution to avail themselves of the grand jury process and to testify in front of the grand jury. Generally, a South Carolina criminal defense attorney should not allow a named target of a federal criminal mortgage fraud investigation to testify before the grand jury. Subjects and witnesses in a mortgage fraud prosecution are often subpoenaed by the prosecutors to testify before the grand jury. A criminal defense attorney should likewise generally advise a witness or subject to not testify if any part of the testimony would possibly incriminate the client. With respect to a federal mortgage fraud investigation, when a citizen receives a target letter, subject letter, or a subpoena to testify before the grand jury, or is contacted in person by a law enforcement officer such as an FBI special agent, a South Carolina criminal lawyer who is experienced in federal prosecutions should be consulted immediately. One of the biggest mistakes a mortgage fraud target, subject or witness can make is to testify before the grand jury or speak to criminal investigators prior to consulting with a criminal defense attorney. The 5th Amendment to the Constitution allows any person, including a target, subject or witness in a mortgage fraud prosecution, to not incriminate himself or herself. Interestingly, there is no 5th Amendment protection for a corporation. Obviously, if a defendant has been indicted or arrested for a federal mortgage fraud crime in South Carolina, an experienced SC mortgage fraud lawyer should be consulted immediately.

An important practice tip for South Carolina attorneys representing clients who have decided to testify before the grand jury is to accompany the client to the grand jury court room. While not allowed in the grand jury proceeding itself, the attorney can wait just outside of the court room and the client is allowed to consult with the attorney for any question which is posed to the client by prosecutors or grand jurors. This is an effective way to help minimize any potential damaging statements by the client, and a great way to learn the focus of the prosecutor's case. This approach makes it much easier to gain insights from the client as to the questions asked during the grand jury proceeding as opposed to debriefing the client after a sometimes long and grueling question and answer session which can last for hours.

South Carolina white collar criminal attorneys need to be aware of the types of mortgage fraud that are prevalent in the state in order to effectively identify and represent clients who are involved in mortgage fraud activities. Consumers need to be aware of the variations of mortgage fraud so that they do not unwittingly become a part of a scheme to defraud a bank or federally backed lending institution. Federal mortgage fraud crimes in South Carolina are punishable by up to 30 years imprisonment in federal prison or $1,000,000 fine, or both. It is unlawful and fraudulent for a person to make a false statement regarding his or her income, assets, debt, or matters of identification, or to willfully overvalue any land or property, in a loan or credit application for the purpose of influencing in any way the action of a federally backed financial institution.

Some of the applicable federal criminal statutes which may be charged in mortgage fraud indictments include, but are not limited to, the following:

• 18 U.S.C. § 1001 - Statements or entries generally
• 18 U.S.C. § 1010 - HUD and Federal Housing Administration Transactions
• 18 U.S.C. § 1014 - Loan and credit applications generally
• 18 U.S.C. § 1028 - Fraud and related activity in connection with identification documents
• 18 U.S.C. § 1341 - Frauds and swindles by Mail
• 18 U.S.C. § 1342 - Fictitious name or address
• 18 U.S.C. § 1343 - Fraud by wire
• 18 U.S.C. § 1344 - Bank Fraud
• 18 U.S.C. § 2 - Aiding and Abetting
• 18 U.S.C. § 371 - Conspiracy
• 42 U.S.C. § 408(a) - False Social Security Number

While states experiencing the highest number of mortgage fraud cases are California, Florida, Georgia, Illinois, Indiana, Michigan, New York, Ohio, Texas, Utah, Arizona, Colorado, Maryland, Minnesota, Missouri, Nevada, North Carolina, Tennessee, and Virginia, the state of South Carolina has seen a huge rise in the number of mortgage fraud cases being prosecuted by the USAO, DOJ and FBI.

In South Carolina, a disproportionate number of mortgage fraud cases have occurred in the coastal region. Some of the South Carolina counties with high concentrations of mortgage fraud or bank fraud cases include Horry County, Florence County, Georgetown County, Charleston County, Berkeley County, Dorchester County, Beaufort County, Colleton County and Jasper County. Some of the South Carolina cities with high concentrations of mortgage fraud or bank fraud cases include Little River, North Myrtle Beach, Myrtle Beach, Murrells Inlet, Georgetown, Awendaw, Mt. Pleasant, Charleston, North Charleston, James Island, Isle of Palms, Sullivan's Island, Folly Beach, Kiawah Island, Hollywood, Ravenel, Beaufort, Bluffton and Hilton Head Island. The reason for the increased number of mortgage fraud and bank fraud criminal prosecutions in these areas is because large number of condominium, condotels, townhouse and similar real estate projects which proliferated in these areas. These real estate developments were popular in areas close to the waterfront and bank lenders were willing to loan money at a furious pace due to a perceived enormous demand.

There are a wide variety of schemes, artifices and conspiracies to perpetrate mortgage frauds and band frauds with which the South Carolina white collar criminal defense lawyer and consumers must be familiar. Typical mortgage fraud schemes or conspiracies that have occurred in South Carolina and elsewhere throughout the United States include the following:

Air Loans. The air loan mortgage fraud scheme is a loan obtained on a nonexistent property or for a nonexistent borrower. Professional scam artists often work together to create a fake borrower and a fake chain of title on a nonexistent property. They then obtain a title and property insurance binder to present to the bank. The scam artists often set up fake phone banks and mailboxes in order to create fake employment verifications and W-2s, home addresses and borrower telephone numbers. They may establish accounts for payments, and maintain custodial accounts for escrows. Phone banks are used to impersonate an employer, an appraiser, a credit agency, a law firm, an accountant, etc..., for bank verification purposes. The air loan scam artists obtain the loan proceeds and no property is ever bought or sold, and the bank is left with an unpaid loan that never had any collateral.

Appraisal fraud. Appraisal fraud is often an integral part of most mortgage fraud scams and occurs when a dishonest appraiser fraudulently appraises a property by inflating its value. In most cases, after the seller receives the closing proceeds, he will pay a kickback to the appraiser as a quid pro quo for the fake appraisal. In most cases, the borrower doesn't make any loan payments and the house or property goes into foreclosure.

Equity Skimming. In an equity skimming mortgage fraud scheme, an investor often uses a straw buyer, false income documents, and false credit reports to obtain a mortgage loan in the straw buyer's name. After the closing, the straw buyer signs the property over to the investor in a quit claim deed which relinquishes all rights to the property and provides no guaranty to title. The investor does not make any mortgage payments, and rents the property until foreclosure takes place several months later. Equity skimming also occurs when a scam artist purchases a residential property whose owner is in default on his mortgage and/or his real estate taxes, and then diverts rental income from the property for personal gain and does not apply this rental income toward mortgage payments, the payment of taxes and other property-related expenses.

Flipping. A flipping scheme occurs when the seller intentionally misrepresents the value of a property in order to induce a buyer's purchase. Flipping mortgage fraud schemes usually involve a fraudulent appraisal and a grossly inflated sales price.

Foreclosure schemes. Foreclosure scheme scam artists prey on people with mounting financial problems that that place them in danger of losing their home. Homeowners in the early stages of foreclosure may be contacted by a fraudster who represents to the homeowner that he can get rid of his debt and save his house for an upfront fee, which the scam artist takes and then disappears. In a similar foreclosure scheme, Homeowners are approached by a scam artist who offers to help them refinance the loan. The homeowners are fraudulently induced to sign so-called "refinance" documents only to later find out that they actually transferred title to the house to the fraudster and then face eviction.

Nominee Loans/Straw buyers. One of the most frequent types of mortgage fraud occurs when a "straw buyer" is used to hide the identity of the true borrower who would not qualify for the mortgage. The straw buyer or nominee buyer generally has good credit. The scam artist usually fills out the loan application for the straw buyer, and falsifies the income and net worth of the straw buyer in order to qualify for the loan. These fraud scams were popularized with the advent of the "stated income" loans which did not require a borrower to prove his true income and net worth - the bank just believed the income and net worth that was "stated" on the loan application. Straw buyers are often duped into thinking that they're investing in real estate that will be rented out, with the rental payments paying the mortgage, and are sometime paid a nominal fee outside of closing. In most case, no payments are made and the lender forecloses on the loan. Sometimes straw buyers are actually in on the scam and are getting a cut of the proceeds.

Silent Second. In the silent second mortgage fraud scheme, the buyer borrows the down payment for the purchase of the property from the seller through the execution of a second mortgage which is not disclosed to the lending bank. The lending bank is fraudulently led to believe that the borrower has invested his own money for the down payment, when in fact, it is borrowed. The second mortgage is generally not recorded to further conceal its status from the primary lending bank.

A mortgage fraud is usually reported to the FBI by the financial institution upon which the fraud has been committed. Pursuant to the Bank Secrecy Act of 1970 (BSA), a bank must file a Suspicious Activity Report (SAR) with FinCEN if a customer's actions indicate that the customer is laundering money or otherwise violating a federal criminal law such as committing mortgage fraud. See 31 C.F.R. § 103.18(a). A bank is required to file a SAR no later than 30 calendar days after the date of initial detection by the bank of facts that may constitute a basis for filing a SAR, unless no suspect was initially identified on the date of the detection, in which case the bank has up to 60 days to file the SAR. See 31 C.F.R. § 103.18(b). Once FinCEN has analyzed the information contained in the SAR, if a criminal activity is found to have occurred, then the case is turned over to the FBI and the DOJ or AUSO for investigation and prosecution. The rise in FBI SARs reports involving mortgage fraud went from approximately 2,000 in 1996 to over 25,000 in 2005. Of those 2005 SARs reports, 20,000 of involved borrower fraud, approximately 7,000 involved broker fraud, and approximately 2,000 involved appraiser fraud.

The FBI has identified a number of indicators of mortgage fraud of which the South Carolina criminal white collar lawyer needs to be aware. These include inflated appraisals or the exclusive use of one appraiser, increased commissions or bonuses for brokers and appraisers, bonuses paid (outside or at settlement) for fee-based services, higher than customary fees, falsifications on loan applications, explanations to buyers on how to falsify the mortgage application, requests for borrowers to sign a blank loan application, fake supporting loan documentation, requests to sign blank employee forms, bank forms or other forms, purchase loans which are disguised as refinance loans, investors who are guaranteed a re-purchase of the property, investors who are paid a fixed percentage to sell or flip a property, and when multiple "Holding Companies" are used to increase property values.

One of the first and biggest South Carolina mortgage fraud prosecutions occurred in the Charleston Division in the 1990's. It involved nominee borrowers and straw loans made by Citadel Federal Saving and Loan. Over 10 straw purchasers were enticed into the real estate loans by getting paid fees for signing up for the loans. They did not put up any of their own money as part of the deal and when the loans went sour the bank was left with properties that were upside down, that is, the real estate was worth less the the amount of the loan. Some bank insiders were part of the scheme and got convicted for their respective roles.

The range of defendants that a SC criminal lawyer will represent in a typical mortgage fraud case may include straw borrowers or nominee borrowers, real estate agents, developers, appraisers, mortgage brokers, and sometimes even closing attorneys and bankers. Bankers often get involved in mortgage fraud scams because they are receiving kickbacks from the borrowers or are paid bonuses for the volume of loans made and thus ignore proper banking loan requirements and protocols in order to make more money. Close scrutiny should be given to bank loan applications, appraisals, HUD-1 closing statements, borrower's W-2 and tax returns when analyzing a potential mortgage fraud case for a potential client.

Federal judges who impose sentences for mortgage fraud normally rely upon the United States Sentencing Guidelines, which are now advisory as a result of the U.S. v. Booker case, when determining a sentence. A federal court calculates a particular guideline range by assessing a defendant's criminal history, the applicable base offense level, and the amount of the actual or intended loss. Section 2B1.1 of the USSG sets forth a loss table which increases the base offense level according to the amount of money involved in the mortgage fraud. Generally, the more money which is lost in a mortgage fraud scam, the greater the sentence the defendant receives. In some cases, a defendant may be subjected to sentencing enhancements which means the defendant receives a greater sentence. A defendant may receive an enhancement for the role in the offense if the court determines that the defendant was an organizer, supervisor, or a recruiter, or used a sophisticated means to facilitate a crime, abused a position a trust, or targeted a vulnerable victim such as a disabled or elderly person. However, federal judges now have wide latitude for imposing a sentence because they must consider the broad statutory factors set forth in 18 U.S.C. 3553(a)which include the nature and circumstances of the offense and the history and characteristics of the defendant, the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense, the need to afford adequate deterrence to criminal conduct, the need to protect the public from further crimes of the defendant, the need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner, the kinds of sentences available, the sentence recommended by the Sentencing Guidelines and any applicable guidelines or policy statement therein, the need to avoid sentence disparities, and the need for restitution.

There are some important strategic decisions which need to be made for the defendant who has been charged or indicted for mortgage fraud. The defendant and his lawyer should seriously consider the consequences of pleading guilty if he has in fact committed the crime. A mortgage fraud defendant can receive up to a 3 level downward departure for pleading guilty. A criminal lawyer representing a mortgage fraud defendant can also file a motion for a downward departure and/or a motion for a variance and argue factors to the court in support of an additional decrease in a defendant's sentence. The mortgage fraud defendant's criminal attorney should closely scrutinize the circumstances of the case and the defendant's background and criminal history in order to help minimize the amount of time to be served. A valuable tip for an attorney representing a criminal mortgage fraud defendant in South Carolina is to consider mitigating factors such as disparate sentences, 5K departures for cooperation, aberrant behavior, property values, family ties, extraordinary rehabilitation, diminished mental capacity, extraordinary restitution should be considered as possible justifications for a lesser sentence.

A white collar criminal defense attorney in South Carolina must have an understanding of the basics of the mortgage fraud in order to adequately represent clients who have been charged or indicted with mortgage fraud violations. Recognizing the difference between the status of being a target, subject or witness can have important consequences in how a case is handled. A white collar bank fraud or mortgage fraud criminal conviction can have life altering consequences for those defendants convicted of the same. A defendant who is charged or indicted with the federal crime of mortgage fraud should consult with a SC criminal lawyer who is knowledgeable about the different types of these scams, how the scams are carried out, the law enforcement investigatory process, the grand jury process, substantive law regarding mortgage fraud, the applicable federal sentencing guidelines and approaches available to minimize a defendant's potential sentence.

Article Source: http://EzineArticles.com/4238877

Tips For Locking in the Best Home Mortgage Rate

Tip #1: Always Shop For Home Mortgage Rates

Don't blindly accept a Realtor or Builder referral to apply for a Home Mortgage through their preferred lender. Many times they will say, "We work closely with this guy and he gets the job done". Translation: "We play golf together and he buys the beer". Remember, the Realtor won't be paying the bill each month for the next 30 years, you will.

Mortgage Loan Officers that work off of a referral network of Realtors and Builders don't have to have competitive Home Mortgage Rates because they have a steady stream of "Drones" (people who are referred to them and don't shop) calling them. Shop around, get the lowest cost Home Mortgage Rate, then if you are inclined, approach the "preferred" Loan Officer you were referred to and ask him to match the quote.

If you apply for a Home Mortgage through a preferred lender without shopping, you will pay hundreds or even thousands of dollars in additional costs.

Tip #2: Call For Home Mortgage Quotes After 11:00 a.m. Eastern Time

Mortgage Rates change each day and sometimes midday. The previous day's rates typically expire by 8:30 a.m. the next morning. Generally, Home Mortgage Rates are published each day by 11:00 a.m. Eastern time. This varies from lender to lender. To make sure you are getting Home Mortgage Rates from the current day and not a mixture of rates from the previous day from some lenders and the current rates from other lenders, always do your rate shopping after 11:00 a.m. Eastern time.

Get all your quotes after 11:00 a.m. Eastern time.

Sometimes Home Mortgage Rates change midday due to a volatile bond market. When this happens, some Home Mortgage Lenders will adjust the Discount Points for their rates in accordance with the new bond prices and publish new Home Mortgage Rates for that day. Other Lenders may continue to honor their morning rates.

Tip#3: Always Tell The Mortgage Loan Officer You Are Prepared To Apply For A Loan NOW

If you are buying a home, tell the Home Mortgage Loan Officer you are Rate shopping and you have a "ratified contract" to purchase a house. Tell him you intend to make a decision and Lock-In a rate on that day, but you have to check a few other lenders. If he asks you how his rates compare to the others, tell him he's the first person you've called. If you are refinancing, tell the Home Mortgage Loan Officer you are ready to apply for a Refinance Home Mortgage today. If you don't tell him that, he may provide a fake Home Mortgage Rate quote.

Loan Officers know you will probably talk to another lender with lower Home Mortgage Rates and the only way he can be sure for you to call him back is to give you a fake quote that appears to be the lowest. He's expecting you will rate shop for several days and figures you will call him back in a day or two because he provided a low, bogus rate quote. Also, since Home Mortgage Rates change daily and are subject to change at any time, he's not concerned about giving you a fake quote.

How will you compare quotes if you don't know which quotes are real and which are part of a bait and switch plan? The only way to ensure getting real quotes is to box in the Home Mortgage Loan Officers by making them think you are ready to Lock-In a Home Mortgage Rate immediately.

Tip#4: Ask For The Total Points And The Total Fees

When you call a Mortgage Lender, ask for the "Total Points" (Discount Points, Loan Origination Fee, Broker Points) for each Home Mortgage Rate. Some lenders will only quote the Discount Points and deliberately leave out the Loan Origination Fee. You won't find out about the 1.00 Point Loan Origination Fee until you apply for the Home Mortgage. By that time, the Loan Officer figures you will just accept it because he's got your application and pulled your credit report. In addition, Mortgage Brokers often neglect to mention their Broker Fee.

Some lenders do not charge a Loan Origination Fee.

When you are quoted the Total Points, specifically ask them if there is an additional Loan Origination Fee or Broker Fee being charged. You truly have to nail this down when you talk to a Home Mortgage Loan Officer.

Also, ask for a list of ALL other fees that will appear on the Good Faith Estimate that you will be paying to the Lender or Broker. Make sure they include their Credit Report and Appraisal Fees. Some lenders charge one lump sum fee and that includes the Credit Report and Appraisal Fees while other lenders will itemize each fee. Keep it simple and ask for all fees, including the cost of the credit report and appraisal fees.

Don't get confused by Title Company, Attorney Fees or Escrows. A lender will estimate these on your Good Faith Estimate, but these charges are not related to costs associated with a Mortgage Rate quote. The amount required for your escrow account will not change from lender to lender and Title Company and Attorney Fees are not being charged by the lender. Don't include them in your comparison.

Tip#5: Always Confirm The Rate Lock Period When Asking For A Rate Quote

If you are buying a home and you need 60 days to close, make sure you specifically request Mortgage Rate quotes with a 60 Day Lock period. Some Home Mortgage Loan Officers will quote rates with 15 Day or 30 Day Lock periods because the Discount Points for shorter lock periods are less than rate locks for longer periods. Quoting a Home Mortgage Rate with a 15 Day lock period obviously gives that Loan Officer an unfair edge. It is also a waste of your time because the quote isn't real if you can't settle on your loan within 15 days. Always specify a 60 Day Lock-In if you are buying a home. Ask for 45 Days if you are refinancing, but you may be able to get it done within 30 days if you are very diligent and call your Home Mortgage Loan Officer twice a week for a status of your application.

If your rate lock expires, the lender will re-lock you at the higher of either the original rate or the current rate when you decide to re-lock. That's a LOSE/LOSE situation for you. Never let your rate lock expire.

Tip#6: Compute The Dollar Cost Of The Points And Add All Fees

After you've spent some time talking to a bunch of Mortgage Loan Officers, you will have lots of Rates, Points and Fees on a sheet of paper. You will need to compute the dollar cost of the Points (multiply the mortgage amount X the Total Points expressed as a percent; For example, multiply 400,000 mortgage amount X.625% for.625 Points). Then add the dollar cost of the points to the Total Fees. You can then compare each Home Mortgage Lender's Total Cost (dollar cost of the points + all lender related fees) for a given rate. That will show you which Home Mortgage Lender has the lowest cost Home Mortgage Rates.

If Mortgage Insurance (not to be confused with mortgage life insurance) is required on a Conventional Home Mortgage, ask for the cost per year expressed as a percent and compare it from lender to lender. Some lenders require different levels of coverage and this will affect your monthly Mortgage Insurance payment. In addition, lenders use several different mortgage insurance companies and they charge different rates for their coverage. The lender will select the mortgage insurance company.

The cost of Mortgage Insurance can vary from lender to lender even though most Home Mortgage Loan Officers will say, "We don't determine the Mortgage Insurance coverage, Fannie Mae and Freddie Mac do". Your can just say, "Please humor me and provide the Monthly Mortgage Insurance expressed as a percent".

You will want to check the quoted percent with what is on your initial application documents and final loan documents to make sure the Monthly Mortgage Insurance payment isn't higher than what you were quoted. If it is, get it reduced immediately. If they won't do that, then ask them to reduce your Home Mortgage Rate by.125% and that should cover the difference.

If you are getting a government insured mortgage (FHA or VA), you don't have to get into a comparison of the FHA MIP or the VA Funding Fee. This is a cost you will be paying, however every lender MUST use the same costs, so there is no reason to attempt to compare these costs from lender to lender.

Tip#7: When You've Found The Lowest Cost Rate, Apply and Lock The Rate

While you were looking for houses or thinking about refinancing, you may have shopped around and gotten some quotes from lenders and narrowed down your search to the best 5 Home Mortgage Lenders or Brokers. But when it is time to apply for your Mortgage, make sure you update your quotes for the 5 lowest priced Home Mortgage Lenders. After you identify the Home Mortgage Lender with the lowest cost rate, call and apply for the loan. Tell the Home Mortgage Loan Officer you want to Lock-In your Home Mortgage Rate and apply NOW. If the quote has changed since you updated your quotes a couple of hours before, tell the Loan Officer you want him to honor the previous quote. If he won't do it, tell him you may call back. Then call the next cheapest Home Mortgage Lender on your list. If that lender tells you the same thing, you can go back to the first lender and proceed with the application process.

Before you provide your application information, make sure the Home Mortgage Loan Officer agrees to provide you with an actual Rate Lock confirmation via email or fax on the same day you apply for your loan. When you receive the Rate Lock confirmation, check it and make sure you are Locked-In for the number of required days (30, 45 or 60), with the correct Loan Type (30 Year Fixed, 15 Year Fixed, etc.), with the correct Total Points quoted. It's normal for a lender to require you to apply over the phone before they will Lock-In your Home Mortgage Rate.

TIP#8: Never Float The Rate

If the Mortgage Loan Officer thinks you might be inclined to FLOAT your Rate and Points, he may say, "I think the rates are going to be coming down, so you might want to FLOAT". Remember this, never FLOAT your Home Mortgage Rate. Never. Always Lock-In the Rate and Points. If you FLOAT, and the Discount Points for Home Mortgage Rates drop, you will only realize the benefit of a small part of that drop in the Points, if any at all. The Home Mortgage Loan Officer will keep the rest of the savings as a fat commission.

Here's how they increase their commission when you FLOAT. Originally, the lender quoted 4.875% with 1.00 Total Point when you applied for your loan. Then 45 days later you called to Lock-In. Keep in mind that over the 45 day period that you were FLOATING, the actual Points for 4.875% dropped to.250 Total Points. So you should have saved.75 Total Points on your 4.875% rate. Right? No! First, you don't know if his company's points have dropped or by how much they might have dropped. So, instead of giving you 4.875% for.250 Total Points, the Home Mortgage Loan Officer tells you his rates only dropped a little bit. He says you can Lock-In 4.875% for.75 Total Points. You are happy because it is.25 lower than what it was when you applied for your loan, but the Home Mortgage Loan Officer is ecstatic because he keeps half of the "overage" you paid. That overage is.50 points and he splits this with his company. If the mortgage amount was $400,000, he just earned.25% which is an additional $1,000 commission. That's not bad for a five minute phone conversation.

If you FLOAT and the Discount Points for Mortgage Rates increase, you will pay for the increase. FLOATING is a LOSE/LOSE proposition for you and a WIN/WIN for the Home Mortgage Loan Officer.

Some companies quote very low rates and attract lots of applications, but they don't let you Lock-In until 15 Days prior to loan closing. If you apply for a Mortgage through a company with that policy, you will get screwed. When it's time to Lock-In your Mortgage Rate, you will pay an "overage" that will go straight to the Mortgage Loan Officers pocket. You will either pay more points for the rate you requested at the time of application or you will get a higher rate. Either way, you will get screwed and the Loan Officer will get a fat overage added to his commission.

Tip#9: Get a Final Good Faith Estimate Several Days Before Loan Closing

Get a copy of the Final Good Faith Estimate at least a few days before the scheduled closing day. Check the Mortgage Rate, Points, Fees and Monthly Mortgage Insurance Premium (if applicable). Make sure you are getting exactly what you bargained for. Ask questions if you don't understand something. Demand that previously undisclosed fees be removed from the Final Good Faith Estimate. Make sure you get a revised estimate if the Mortgage Loan Officer verbally agrees to make changes.

The day of loan closing is the wrong time to haggle over discrepancies.

Article Source: http://EzineArticles.com/4271545

Small Business Loan Features and Benefits That Add More Space in Your Business

Can you imagine about a business loan that can be availed without any security? It is a ground reality now! Online application, end-to-end loan approval, and a proper situation are calling you to expand your business. An unbelievable opportunity is calling you to avail a financial support from any genuine company for the enlargement of your business. Here the time period is extremely elongated when it comes to the returning part. Many non-banking financing company are there to fascinate you with the chance to grow your growing business. Small business lending is a matter within your reach now.

What are the features of small business loans?

If we talk about the flexi loans, benefits come first. Well, a massive range of beneficial aspects is there. If you lend a small business loan for expanding your business, you are blessed with the flexibility to pre-pay the loan with idle funds. The application procedure of flexi loan is easy and hassle-free. The drop-line facility enables you to re-avail the pre-paid amount which is regarded as a big plus of this lending facility. In such cases, you will be benefitted with lengthy timeline. Low part payment charges are the other benefits of such loans. However, the application and transactions are undergoing online.

What are the major benefits of small business loans?

• It is an end-to-end procedure.
• Easy increase of capital is the main benefit of a small loan.
• You can apply for a loan up to Rs.30 lakh any time when you need that.
• You can add an extra flexibility on your business expansion capacity.
• No guarantors are required for a small or micro business loan.
• You will find the eligibility criteria easiest.
• Such landings are transparent; no hidden clauses are involved.
• Lengthy relationship is the other thing followed by any non-banking financing company.

It is perhaps the best time for you to take a step for expanding the business that is growing now days. Why not to take a step when easy opportunity is waiting for you; knocking your door? Go for it and raise your application as soon as possible. Your application will be granted easily as the NBFC firms are inviting the business owners for raising their loan applications. Time is calling you for adding an extra flexibility on your business growth. Do not let the market to change its face. Nevertheless, it is an obvious stage of any market - there is a night after every day. Grab the opportunity to get an end-to-end finance - it's the best time to expand your business.

Here we can share information about small business loan and It's benefits to add more space in your business. For more information visit: http://www.cashsuvidha.com

Article Source: http://EzineArticles.com/expert/Amit_Sharma/2327002

Article Source: http://EzineArticles.com/9512413

Student Loan: Loan Magician

Loans.

Loans, loans, loans that's what everyone is talking about, on internet, on radio, on, television in news we see advertisement for loans everyday, everywhere. "You want to buy a hat, a cat, a house, a car, you can get a loan". "Getting loan was never easier". "Live life the way you want". These are all the sentences that are clouding the media nowadays. And of course this has increased the ratio of people borrowing loans from banks and other lending organizations. A number of people are making their dreams come true due to these loans, which was otherwise impossible. You can get loans for multiple things like for starting a business, purchasing a house, or getting a car so on and so for. You can simply apply for the loan, buy your desired object and keep on paying small installments for years without even noticing it. Instead of waiting for long years of tough work to buy a house or establish a business of your own you can get some help from one of the diverse kinds of loans and benefit yourself from this golden opportunity.

Fantasies, dreams have no end. But in order to actualize them you need enough resources, now you have several opportunities to do what you always wanted. For different reasons or things you have varied kinds of loans. Be careful about the interest rates and other specifications of a loan. That will help you in generating the best results financially. You can get loan on really low rates if you play safe, I mean pay your installments on time and if you manage to pay it before time that would be more than good that will drag you in the line of good borrower, which will be very useful if ever in future you need to get the loan again. Unsecured loans are the most fascinating and tempting loan kind that has ever come across my knowledge. You are at minimum risk especially you are simply free from any possibility of repossession of your home or any other asset.

Whereas on the other hand the creditors are at high risk by giving you an unsecured loan as they provide you loan just on the assessment of your income and repayment capacity and therefore the monthly installments are a bit higher and the repayment duration is also shorter as compared to secured loans. But for everything you have to pay a price, there is nothing free and of course you are getting money without giving any of your owned possession's guarantees, which is a very big thing? This doesn't stop here; you have other benefits too of unsecured loans that can't be overlooked. First you can find a number of companies who are offering unsecured loans and thus get it on a very competitive rate. As for an unsecured loan you are not to provide a number of documents with the loan application the process of the approval are much faster than that of secured loans. It can be obtained in the time span of as short as 72 hours.

Besides this there are other loans you can think of like secured loans but of course you should be dead sure that you'll pay the loan before the deadline, as for secured loans you have to put any of your asset as a guarantee to bank, there are cheap home improvement loans, house buying loans, small and big business loans, personal loans, bad credit loans, pay day loans, car loans etc... there are just few things to keep in mind while applying or before applying a loan such as the interest rate, type of rate (fixed or variable), terms and conditions (repayment time in months or years), deposit (down payment), associated fees (broker, origination, prepayment etc.), insurance required by the lender. For best financial results see all the terms and conditions and be crystal clear about the things and then apply. This will give you ample tendency to work out your way out victoriously.

Loans are never (most of the times) an effectual, result-oriented solution for your long term monetary needs! Taking loans is becoming a fashion, I think more then 50% of advertisement on media is directly or indirectly about loans. But frankly speaking I believe loans are not more than debt traps. There are so many alluring names as payday loans; cash advance loans, check advance loans, post-dated check loans or deferred deposit check loans. But beware! Don't charmed by such attractive offers, think twice about borrowing a loan before you go ahead with this and honestly realize, do you really need a loan? Is it inevitable? Is this loan for frivolous, like a holiday? Or for something real serious an urgent need, Can you borrow money by a more traditional way, I mean from a relative, maybe a part-time job or you can think of selling an asset. Try to convince your creditors for some more time to pay your bills. Find out what they will charge you for that service - as a late charge, an additional finance charge or a higher interest rate. Don't put your foot into a trap yourself if you can avoid it.

Did you ever think why you drag your self in to a situation where you are left with no money and need loan desperately? Strive to mend this; if you are a lavish spender and you always spend more than you earn then it is a terrible practice. To overcome this condition, if you opt for a payday loan, it will be a "chancy solution". Payday loan companies often take the advantages of your need and lead you in debt ensnare. Try to make a more realistic and practical budget, and figure out your monthly and daily expenses. Avoid superfluous purchases even undersized every day items. Their costs add up and may become a huge amount at times that makes real big difference. Also, put aside some savings, even small amounts will do to avoid borrowing for emergencies, unexpected expenses or other such instances. I know it's simply impossible to write your requirements in black and white and consume money according to that but one should make a strict line that you are not spending more than this and this is only for your own advantage.

Check out if you can go for overdraft protection on your checking account? If you are a regular most or all of the funds in your account user so then if you make a mistake in your checking (or savings) account ledger or records, overdraft protection can assist in protecting you from further credit problems. Do find out the terms of overdraft protection. Want any help or working out a debt repayment plan with creditors or developing a budget, contact your local consumer credit counseling service. Almost in every state there are non-profit groups that offer credit guidance to consumers. These services are available at very little or no cost. Don't forget to check with your employer, credit union or housing authority for no- or low-cost credit counseling programs. If you decide that a payday loan is inevitable, borrow only as much as you can afford to pay with your next paycheck and still have enough to make it to the next payday.

While taking a loan it's never only the interest rate to take care of it's only a part, there are a whole lot of other inevitable expenses that makes it really, really expensive. The rate on a payday loan may be 500% per year or even more. Borrowing 200 dollar for 2 weeks at 500% will cost you 38.36 dollar. Just compare this to borrowing 200 dollar for 2 weeks at 36% (2.76 dollar) or 12% (.92 dollar). Suppose if this loan is refinanced four times, the cost difference increases dramatically! In actuality, it will cost you nearly 200 dollar to borrow 200 dollar for ten weeks. Gosh! It's a lot. Besides the insurance rate there are also arrangement fees and prepayment penalties to consider. And many 'no fee' credit lines have a pre-payment penalty. This is the way broker and lenders make their money. Do work out the total cost of your loan before committing? Compare the APR and the finance charge (which includes loan fees, interest and other types of credit costs) of credit offers to get the lowest cost.

Borrowing loans can be helpful when you are having temporary cash flow crisis or are facing a financial emergency and need money on a short-term basis. Don't rely on loan or don't make long-term planning depending on loans only. If you already have one loan outstanding, then you should avoid taking out another such loan. Also think about the aggravations if you can't be able to repay the loan at specific date to the payday lender!! I hope you are getting my point. Now this was what I call a bird's eye view about the loans advantages and disadvantages. But if still you are not satisfied and wants to dig in more to know minute details about different types of loans, I'll give you some info about it as after all you are the best judge for your own problems and needs. Doesn't matter what someone says it's always you who know what you need to do?

I have already given you a transparent idea about secured and unsecured loans. Now else than this there are home loans, bad credit loan, bad credit auto loan, personal loan, debt consolidation, payday loan, mortgage loan, auto loan, student consolidation loan, business loan, home equity loan and pay day advance. See you can get loan for anything and everything. There are so many different kinds of flexible and non-flexible loans that help you to keep going ahead in life.
Loan products.

Pay day loan.

Hmmm...! The dead line of paying the installment of a credit card is coming near. And still didn't get your pay. Well laugh your worries away. The payday loan will help you to pay on time. After you get your salary you can pay off your payday loan, but don't make it a habit? For short-term loan this is the best sort of loan you can go for.

Home loan.

Everyone either he is a prince or a commoner want to own a home of his own, in old days people use to work whole their lives to buy their own house. But in this struggle the best boom period of life flies away. Now enjoy your life to the fullest, get a home loan and build the house of your dreams and live in it like a king. You can buy, build or renovate a house by acquiring various types of loans that suits you the most. There are mostly three kinds of it:

o You already own a house and want to renovate it. You can get a loan for renovating your house by putting your house for collateral security to the bank for the loan.

o Secondly you have a plot and want to build your house on it. Then again the place will be the collateral security and you'll be provided loan to build the structure of the house on it.

o The third type is that you neither have a house nor a plot and you want to buy a house in that case you will get the loan to build your house but the house will be on bank's name till you pay the loan fully.
Else than this there are different rules and flexibilities for diverse home loans. Like:

o The mark-up rate will vary for a salaried person or a businessman. It can start from 11% for a salaried person and 12% for a businessman though different banks and other companies may differ from this rate.

o For construction, purchase & balance transfer you can have 3 to 20 years times to pay back the loan.

o For renovation it can be from 2-20 years.

o For home purchase you can get the amount of loan that can vary from - 0.5M to 20M.

o Whereas for home renovation approximate loan can be form - 0.5M to 7M.

o For home construction you can get up to - 0.5M to 10M.
This could be the approximate loan to value ratio you can get for these different home loans.

o For Home Purchase - 80:20 for salaried employees, businessmen and self-employed professionals who maybe in the business for five years and 75:25 for businessmen and self-employed professionals who can be in the business for last 3 Years.

o For Home Construction - 70:30 for salaried employees, 70:30 for businessmen and self-employed professionals who maybe doing business for last five years and 65:35 for businessmen and self-employed professionals who are in the business for last three years.

o For Home Equity- 70:30 for salaried employees, 70:30 for businessmen and self-employed professionals who can be in the business for last five years and 65:35 for businessmen and self-employed professionals who are in the business for last three years.

o For Balance Transfer Facility - 80:20.

Car loan.

Car is not luxury anymore it's a necessity; you are handicap without a car. If you cannot afford a car with your salary and trying desperately to save some money for buying a car but unfortunately every month something new comes up to eat up all your savings then get a car loan and make your life easy and you can use your savings in paying the installment of your loan every month. For car loans the rules are almost same as house loans. The payment will vary with the difference of new or used car, car model or price.

Bad credit car loan.

Happy news for the bad credit raters, now you can also enjoy the pleasure of shopping the way you want; there is high competition in those who are ready to give loan to those who have bad credit rating for car and even for house. Or if you are doing a business you can still get a loan. Actually roughly all sorts of loans are open to bad credit rater now. Though they'll charge more interest rate and other charges but still you have a facility of loan to enjoy.

Student loan.

Learning is a weapon no one can steal. Education is of no comparison with anything, I think it's a must get thing for everyone. But sometimes due to monitory resources one has to discontinue his or her education but now you can freely get education as much as you want, you just have to get a loan and study to your fill. Student loans for the benefit of students are on quite competitive rates and are much more flexible than other loans to provide maximum chance to a student to be carefree and get education as easily as possible.

Business loan.

Doesn't matter how much good salary you are taking? A business (of course here I am talking about your own business) is a blessing. There is no tension of getting deadlines from your boss. No pressing for reaching office at so and so time. And there are definitely more chances of growth. Now if you want to start a business or re-establish it on a small platform or on a bigger level there are all different sorts of loans to benefit you in your goal. Your business may have helped you construct your home, now your home can assist you build your business. A business loan is normally against Residential Property. It is an evergreen credit line that the customer can use for his/her business expansion.

o Business loan can be for business expansion.

o Or for staring a new business.

o You can get loan for a small business set-up as well as fro a bigger business project.

o Business loan offers you the facility of availing a financing up to 70 % of your property value. So that now you can have a chance to avail a higher amount against your assets, you can plan your growth and expansion exactly the way you want to.

o There is another kind of loan you can get for business purpose, you can give a business plan to a bank and make the bank a sort of business partner. In this way you are saved the worry of putting your house or any other asset as collateral. This type of loan is very useful for heavy industry.

Personal loan.

We all dream, but there are few who dare to put the power gear of their life to make their dreams come true. It's much easier to fulfill your most dear fantasies now with the prospect of personal loan. The most interesting part in going for personal loan is you'll be not asked the reason for getting loan.

o Personal installment loan is extremely flexible. You can borrow any amount ranging from 50,000 to 500,000 for 12, 18, 24, 30, 36, 42, 48, 54 and 60 months. Whatever suits you! Isn't awesome, what else you need for a good start? Although there can be pre-payment penalty if you desire to pay the loan before the agreed tenure.

Other Loans.

Besides these chief and main objects there are other prospects for which you can get loan. Those may not be as important for all but you can still avail the chance to do other things with loan like if you desire to redecorate your house but you are short of money for that you can get branded or non branded furniture of your choice besides this you can also buy other home appliances on installment.

So now you can see how many options are open for you to make your next move. You can easily choose to do what suits you the most. Loans are almost for everything you are thinking of doing in your life. Due to high competition in market the rates are also quite flexible and in addition you are allowed to choose from a lot of flexibilities to relax you for paying back any loan. From a business to petty thing for your personal use you can get loan.

Jim Mattson is a Search Engine Marketer working for Carlsbad, CA based web-metrics company Sofizar. He is a member of the team developing a click fraud detection software, ZarTective. While not writing exposes on the darker side of the web, he plays with his cat Mano and watches Rocky Horror Picture Show for the 17th time. Or maybe 117th.

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