| Dacono Police Department
512 Cherry Street — Post Office Box 117 Dacono, Colorado 80514 Office (303)833-3095 Fax (303)833-0634 www.daconopolice.com NEWS MEDIA RELEASE January 21, 2009 Foreclosure Fraud In these difficult economic times, with foreclosures increasing throughout the nation, the number of con artists seeking to prey on homeowners desperate to save their homes from foreclosure is also increasing. Rather than “rescuing” homeowners, these con artists instead take your money, ruin your credit record, and potentially wipe out any equity you may have in your home. The foreclosure con artist realize that homeowners facing foreclosure can be especially vulnerable. For the con artists, victims are easy to locate simply by scanning newspapers because mortgage lenders publish foreclosure notices. The con artist approaches a potential target victim in person, by mail, by telephone, or by e-mail. Con artists may even appeal directly to specific ethnic or religious groups. Con artists may advertise their services as “foreclosure service” or “foreclosure rescue agency” through web sites or publications. They may refer to themselves with titles that appear official, such as “foreclosure consultant” or “mortgage consultant.” To protect yourself from foreclosure con artists, consider the following recommendations provided by the federal Office of the Comptroller of the Currency: Lease-Back or Repurchase: Be suspicious if someone offers to pay your mortgage and rent back your home to you. This scam usually requires you to sign the deed to your home over to the con artist who may, in turn, promise to sell your home back to you, but in reality selling your home back to you may be difficult, if not impossible, under the terms of the contract you signed with the con artist. If you sign over the deed to your home, the con artist has the power to evict you, raise your rent, sell the home, or steal any equity you may have remaining in the home. But you will still be responsible for paying the mortgage, so if the con artist simply stops paying the mortgage, your lender will still have the legal right to foreclose on your home. Refinance Fraud: The con artist may pose as a mortgage broker or lender offering to refinance your loan so you can afford the payments. Once again, if you sign over the deed to your home believing that you are signing documents for a new loan you will still face all the negative consequences described above and you could still lose your home, even if you have been victimized by a con artist. Bankruptcy Schemes: Seeking to abuse bankruptcy laws, the con artist may ask you to relinquish partial interest in your home to one or more individuals, with each individual holding that partial interest then able to file bankruptcy, one after another. The bankruptcy court will issue a “stay” order with each filing to temporarily stop the foreclosure. But the “stay” orders do not excuse you from making payments on the loan or from repaying the full amount of your original loan. In a similar type of scheme, the con artist may offer to obtain refinancing or negotiate a payment plan with your lender in exchange for a payment to the con artist. The con artist may keep the money you have paid to him or her rather than pay the lender for you. The con artist may even file a bankruptcy case in your name, without your knowledge. What is particularly damaging in these types of scams is that the scam can only temporarily delay foreclosure. If you do not participate in the bankruptcy case, perhaps because you are unaware the case has been filed by the con artist, the judge will dismiss the bankruptcy case and the foreclosure will continue. This type of scam may prevent you from using bankruptcy laws in a legitimate manner to provide you with important protection to resolve your financial problems. To protect yourself from scams, consider the following: Know what you are signing: Read and understand every document you sign, even if you need professional advise from an attorney or an approved financial counselor. Never sign documents with blank spaces that can be filled in later without your knowledge or approval. Never sign a document that contains errors or false statements on the promise that they will be corrected later. Get promises in writing: Oral promises and agreements are generally not legally binding. Require the individual making an oral promise or agreement to commit that promise or agreement to a signed written document. Keep copies of all documents you sign. Make your mortgage payments directly to your lender or mortgage servicer: Do not trust anyone else to make the payment. Be very careful about signing over your home deed: Never sign over your home deed without first obtaining advice from an attorney, approved financial advisor, or a trusted independent person. Fully understand the terms of the deal you are executing because if you sign over the deed of your home you lose your rights to the home and any equity in that home. If you need to find legitimate help for your financial problems, contact your mortgage lender or mortgage servicer as soon as you think you may be unable to make your mortgage payment. Lenders are often in the best position to help you by identifying options to help you keep the loan current or modify the loan, particularly if you are current on your loan or not seriously late on your payments. As another option, contact a legitimate housing or financial counselor for assistance. To locate a counselor approved by the U.S. Department of Housing and Urban Development, call 800/569-4287 or use www.hud.gov/offices/hsg/sfh/hcc/hccprof14.cfm You may also contact the Homeownership Preservation Foundation at 888/995-HOPE or at www.995hope.org to find a non-profit, HUD-approved counselor. If you need additional information on the subject of foreclosure scams, contact NeighborWorks America at www.nw.org/network/home.asp or the Federal Trade Commission at www.ftc.gov/bcp/edu/pubs/consumer/homes/rea04.shtm. And if you have a complaint or question involving a national bank that you cannot resolve directly with the bank, contact the Office of the Comptroller of the Currency Customer Assistance Group at 800/613-6743 or at www.customer.assistance@occ.treas.gov or visit www.HelpWithMyBank.gov. The above information was gathered from a consumer alert from the United States Department of Justice and from a consumer advisory from the United States Department of the Treasury Comptroller of the Currency. Matthew B. Skaggs Chief of Police Dacono Curfew The school year will soon be ending and summer vacation season is almost here. With the end of the school year and warmer weather, more juveniles will want to be out late at night with their friends. Sometimes parents are unaware of those late night outings by their children. Sometimes those late night outings can cause problems for the juveniles and the community, including fights, narcotics use, and property damage such as grafitti. The Dacono Police Department is reminding parents and juveniles that there is a curfew ordinance in the city that will be aggressively enforced as a pro-active crime prevention measure. The intent of this enforcement effort is to protect not only the community but also the juveniles who may be out on the streets late at night. Section 10-100 of the Dacono Municipal Code makes is unlawful for any parent, guardian, or any other person having care or custody of a child at least 10 years old but not yet 16 years old to allow or permit that child to loiter or remain on any street, alley or other public place on foot or in a vehicle between 10:00 PM and 5:00 AM. Exceptions are granted if the child is involved in lawful employment; a school, church, or other organized activity; there is a reasonable necessity for an exception; or the child is accompanied by the parent, guardian, or another person age 21 or older who has permission of the parent or guardian to have custody or care of the child. If the child at least 16 but not yet 18, the curfew time begins one hour later and is between 11:00 PM and 5:00 AM. Section 10-101 of the Dacono Municipal Code makes it unlawful for a child at least 10 years old but not yet 16 years old to loiter or remain on any street, alley or other public place on foot or in a vehicle between 10:00 PM and 5:00 AM. Exceptions are granted if the child is involved in lawful employment; a school, church, or other organized activity; there is a reasonable necessity for an exception; or the child is accompanied by the parent, guardian, or another person age 21 or older who has permission of the parent or guardian to have custody or care of the child. If the child is at least 16 but not yet 18, the curfew time begins one hour later and is between 11:00 PM and 5:00 AM. If you have any questions regarding curfew in Dacono or the police department’s enforcement of the curfew ordinance, contact the Dacono Police Department at 303/833-3095. Matthew B. Skaggs Chief of Police Code Enforcement / Weeds and Brush After a long winter it’s time to welcome warmer weather. But with the warmer weather comes the inevitable growth of weeds and brush, both of which are regulated by the Dacono Municipal Code. There are legal definitions in the Municipal Code that describe “weeds” and “brush” and the response authorized by the Police Department. A weed is any unsightly, useless, troublesome, or injurious plant, or any plant which is out of place at the location where it is growing. The definition of a weed also includes any rank vegetable growth that exhales unpleasant or noxious odors, and any high or rank vegetable growth that may conceal any health hazards or unsafe conditions. As defined in the dictionary when specifically coupled with weeds, “rank” means growing profusely or with excessive vigor. Brush is any volunteer growth of bushes, trees, or other plant that is growing out of place at the location where growing. Brush includes tree limbs and cuttings from trees and bushes, as well as any high or rank shrubbery growth that may conceal any health hazards or unsafe conditions. As defined in the dictionary when specifically coupled with plants, “volunteer” means growing from self-sown or accidentally dropped seed or a plant that has reseeded itself. The owner, tenant, lessee, or occupant of property in Dacono must keep all weeds cut to a height not to exceed five inches from the ground; however, Canadian thistle must be immediately and completely removed whenever it is found growing. Brush must also be removed from the property. Both weeds and brush must be properly disposed of in accordance with the Municipal Code. The legal responsibilities regarding weeds and brush extend to any sidewalk adjoining the property and to the middle of any alley adjoining the property. The Police Department, and particularly the Community Resource Officer, is authorized to examine every property believed to contain an unlawful growth of weeds or brush. The person responsible for the growth of weeds or brush, or the owner, tenant, lessee, or occupant of the property, is issued a written notice of the unlawful growth of weeds or brush. The written notice orders the elimination of the unlawful growth of weeds or brush within a reasonable time. A “reasonable time” is determined by the Police Department as the time required to remove the weeds or brush and correct the unlawful condition. It is important to be aware that the written notice is not required before an individual can be prosecuted for an unlawful growth of weeds or brush and failure to receive the written notice is not a defense to prosecution. The written notice can be legally served by posting on the property in violation, personal service to the violator, or receipt by certified mail. Failure to remove the weeds or brush by the time specified in the written notice is a violation of the Municipal Code. If a person fails to comply with the written notice, the weeds or brush may be cut or removed by City employees or private vendors hired by the City. This is in addition to prosecution for violation of the Municipal Code. The entire cost of the removal, including administrative, inspection, and incidental costs, will be assessed against the property in the form of a lien until it is paid. Before the City enters a property and cuts or removes the weeds or brush, the Police Department will provide the violator with a “Notice of Intent to Enter Property and Cut or Remove Weeds or Brush” by either personal service or certified mail. The notice will include a statement that the City or its private vendors will enter the property and cut or remove the weeds or brush on a specific date, at least ten days after the personal service or certified mailing date. The notice will also include a description of the weeds or brush to be cut or removed and a statement regarding the violator’s right to request a hearing within three days before the Chief of Police to contest the notice. If the violator fails to request such a hearing within three days, the City will cut or remove the weeds or brush. The hearing, if requested, will be on a date determined by the Chief of Police but before the date specified for the removal of the material. The hearing is limited to a determination if the material to be cut or removed is an unlawful growth of weeds or brush under the Municipal Code definition. The burden of proof rests with the violator. If the Chief of Police determines the material is properly defined as an unlawful growth of weeds or brush, the City will cut or remove the material on the date specified in the notice. An important reminder. It is unlawful for any person to interfere with, obstruct, or prevent a City employee or a private vendor hired by the City from entering property to cut or remove weeds or brush. If you have any questions about weeds and brush and the Police Department’s Municipal Code enforcement policy, contact Community Resource Officer Kelli Revoir at 303/833-3095. Matthew B. Skaggs Chief of Police Glen Creighton Enforcement (Speed Limit 25 MPH) The final phase of Dacono’s three-year infrastructure improvement project is coming to a close with the paving of Glen Creighton Drive. The roadway was once severely damaged and deteriorating with an inverted or reverse crown profile in the center that caused water to pool in the middle of the street. Now the roadway is wide and newly paved with turn lanes, striping, and a raised crown profile that allows water to drain into the gutters and then into the improved storm sewer. But the new roadway may prove a temptation to motorists to speed. A word of advice from the Dacono Police Department- Don’t speed on Glen Creighton Drive. The police department is well aware of the improved condition of Glen Creighton Drive and the likely temptation for motorists to speed. Glen Creighton Drive is a major roadway in Dacono with heavy traffic volume, particularly during early morning and evening commuter hours. The street is lined with driveways and intersections. There are large numbers of children in the area who not only play in the front yards of residences on Glen Creighton Drive but also will now be using the improved sidewalks. For all these reasons the police department will be strictly enforcing traffic violations, particularly excessive speed, on Glen Creighton Drive. Don’t find yourself receiving an excessive speed violation citation. A speed violation citation can be expensive in court and in your vehicle insurance rates and can result in penalty points being levied against your driving record. For your own sake, and the safety of the children and other residents and motorists in the area of Glen Creighton Drive, watch your speed. Slow down. Or face the consequences. Matthew B. Skaggs Chief of Police National Center for Missing and Exploited Children (NCMEC) In traumatic injuries there is an expression- the “golden hour”- that is commonly used by emergency medical care providers, from paramedics to emergency medicine physicians. If you are able to receive stabilizing emergency medical care within that “golden hour,” those short 60 minutes, your chances of survival dramatically increase. The same is true in cases of missing or lost children. If law enforcement can implement a well-planned and coordinated response to a missing or lost child incident within two hours, the chances of finding a missing or lost child and safely returning that child to his or her family dramatically increase. Two hours may not seem like such a long time, but to a missing or lost child and his or her family it is an eternity. It is within those two hours that the overwhelming majority of missing or lost children are physically or sexually abused or killed. This is just one of the many critical facts presented by the National Center for Missing and Exploited Children (NCMEC) in Alexandria, Virginia. I had the opportunity to attend a two-day training seminar at NCMEC in early September. The seminar is completely funded by NCMEC- from travel to lodging costs- through federal funding and corporate sponsorship. The seminar included police, sheriff, and dispatch center command staff personnel from across the nation. One point that became very obvious during the training was that an incident involving a missing or lost child literally tears a community apart regardless of whether the outcome of the incident is tragedy or elation. The child, the family, law enforcement, and the entire community, particularly in smaller towns and cities- no one is left unaffected or undamaged. The sense of security that families and communities try so hard to preserve is destroyed for a long time, if not forever. There is guilt that eats away at family members, law enforcement, and other community members. But what is most important is that the innocence of a child is lost forever. That can never be brought back. There is a fine balance between creating community paranoia about missing or lost children and ensuring that families take the proper precautions to safeguard their children and respond appropriately if a child is missing or lost. But some things are certain. We cannot fail to educate the community. We cannot be so naïve as to believe that a missing or lost child incident will not occur in our communities. And we in law enforcement must be prepared to respond correctly and rapidly to a missing or lost child incident. The information that NCMEC provides on how to respond to missing and lost children is being immediately incorporated into Dacono Police Department policy and procedures and a first responder checklist so that we can be better prepared to quickly provide the best possible response if we are faced with such a critical incident. The additional free resources that NCMEC can provide to a local police agency facing the crisis of a missing or lost child are substantial- from experts in search coordination to computer analysts and retired federal investigators. The Dacono Police Department will take full advantage of all those resources. As parents and family members you must help us if your child is missing or lost. The most critical thing you can do if you believe your child is missing or lost is to contact the police immediately. Do not wait to see if your child will return home. Remember those critical two hours can make so much difference in the survival of your child. We would much rather respond immediately to the report of a missing or lost child, only to discover that the child has returned home safely, than to respond after a lengthy delay, a delay that destroys or scatters potential evidence and aids in the escape of an abductor with your child. Have a current photograph of your child available. Remember what your child was wearing so you can provide a clothing description. But above all, just call the police immediately. There are many other educational points that we will provide to families and children in future articles. I would strongly encourage you to visit the NCMEC website at www.missingkids.com. It has a wealth of information to safeguard your children against predators of all types, including internet predators. Another website sponsored by NCMEC is www.netsmartz.org which contains information on computer and internet safety for children of all ages from pre-teens to older teenagers. The website has interactive and highly entertaining games and videos for younger children and videos of emotional interviews that are more appropriate for older youth. As a parent, consider making www.netsmartz.org the home page on your home computer. The Dacono Police Department website at www.daconopolice.com has established a link to NCMEC. It is our sincere hope that our community never, ever has to face the profound crisis of a missing or lost child. But if that type of traumatic event should ever happen here, we will be prepared and we will use every available resource. Because in the end, it’s all about our kids. Matthew B. Skaggs Chief of Police |
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