Be aware of “senior fraud” scams

According to the Federal Trade Commission, fraudsters steal more than $8 billion every year from Americans aged 60 and over.

Here are some of the common scams to look out for:

Grandparent scams

A caller poses as a grandchild and asks for money to bail out of a legal problem or some other catastrophe. Once you send money, it's gone. This scam has grown more insidious with the rise of artificial intelligence that can mimic a specific person's voice.

Phishing scams

An official-looking email or text message asks you to click on a link and enter your password and other personal data to “fix” a problem, like a suspicious charge. Once you enter your information, your accounts are open to theft.

Impersonation scams

A caller poses as a Social Security official and demands that you pay fees or correct an overcharge to avoid loss of benefits. Your “fees,” of course, are stolen as soon as you send the money.

Overpayment scams

A scammer mails you an official-looking check, usually for a large amount, then calls and asks you to send the money back to correct their 'overpayment.' The scammer's check bounces. But yours won't—it will just be gone.

When in doubt, remember these hallmark signs of a scam:

• a deal that is too good to be true

• pressure to pay or act right away

• requests for confidential information, such as a username and password, either over the phone or through a link that is provided

Federal Corporate Transparency Act Deadline Approaching

The South Carolina Secretary of State’s Office has information on its website regarding the federal Corporate Transparency Act, which went into effect on January 1, 2024. The Act requires many companies to report beneficial ownership information to the US Treasury Financial Crimes Enforcement Network (“FinCEN”). Beneficial ownership information (“BOI”), as defined by FinCEN, is identifying information about the individuals who directly or indirectly own or control a company. 

January 1, 2025, is the deadline for entities created before January 1, 2024, to file their Beneficial Ownership Information (BOI) as required by law under the new Corporate Transparency Act.

Businesses formed after January 1, 2024, have 90 days to file after formation.

Businesses formed on or after January 1, 2025, will have 30 days to file after formation.

You may check the Secretary of State’s website to see if you are required to file a BOI report with FinCEN.

Beware of Scams on the Rise

Increasingly, individuals are being harassed by scammers by various means, including phone calls, text messages, emails, and letters.  You have likely been the target of a scam recently asking you to send money, to provide personal or financial information related to a fake “IRS case number,” to respond to “legal process about to be filed,” or to appear at court for jury service.

To protect yourself from scammers, always double-check and ensure that any communications are authentic and from official sources.  Email addresses and telephone numbers are easily disguised or “spoofed” to make them appear to come from a legitimate source.

If you have any doubt whether a communication is legitimate and from an authentic source, then you must be vigilant and take additional steps to protect yourself.

If communicating by telephone, you can:

• end the call yourself and

• initiate a new phone call to a known, official phone number.

 If communicating by email, you can:

• ensure you are using a known, official email address and

• initiate a new email yourself instead of responding to the initial communication.

If you are the target of a scam, you can report it to the Federal Bureau of Investigation to formally document the complaint.

If you receive fraudulent documents by mail, a Mail Fraud Complaint may be filed with the United States Postal Inspection Service.

Court Update: In-Person Proceedings Suspended

The South Carolina Supreme Court has suspended all in-person proceedings, beginning Monday, Jan. 11, 2021, in the circuit, family, probate, master-in-equity, and summary courts until further order by the Chief Justice.

In-person proceedings were suspended in light of the ongoing increase in COVID-19 cases throughout South Carolina and the expectation by the medical community and experts that the number of positive cases will continue to increase in the near future.

In-person emergency matters may still be heard in the Circuit Courts and Family Courts under the direction of the Clerk of Court.

Where possible, judges are encouraged to conduct hearings, non-jury trials, and other proceedings by using remote communication technology such as video conferencing and teleconferencing.

"REAL IDs" and Birth Certificates

Beginning October 1, 2021, your South Carolina driver's license or identification card must have a gold star to show it's a REAL ID in order to use it as your identification to board a domestic, commercial flight, enter a secure federal building, or visit a military installation.

The original deadline of October 1, 2020, was delayed for 12 months due to the COVID-19 pandemic.

In order to obtain a “REAL ID” from SCDMV, you must present several documents to prove:

1. your identity,

2. your Social Security Number,

3. your current physical address, and

4. any legal name changes.

Proof of identity requires either a birth certificate or a passport.

Of course, you must submit a copy of your birth certificate in order to obtain a passport. Therefore, if you do not already have a passport, then you should obtain a copy of your birth certificate before applying for a “REAL ID.”

If you were born in South Carolina, then you can obtain a copy of your birth certificate from your local DHEC office. However, some of our clients have encountered one of the following problems with their birth certificate:

• Vital Records can find no recorded birth certificate or

• the recorded birth certificate contains errors (e.g., misspellings, incorrect date of birth, etc.)

If you encounter one of these problems, then you will most likely need to obtain a court order either establishing a delayed birth certificate or correcting errors in a birth certificate. Although an administrative process exists to correct minor errors, most people cannot satisfy SCDHEC’s stringent requirements.

If you require assistance with these issues, then contact Ingram Law Firm to schedule a free consultation to discuss your options.

COVID-19 Reopening Precautions

Ingram Law Firm resumed normal operating hours on Tuesday, May 26. However, as we continue to see the spread of coronavirus cases in the Pee Dee area, we will be observing the following precautions going forward for the foreseeable future:

• Everyone is asked to either schedule an appointment or call ahead before visiting our office.

• We have re-arranged our reception area seating and are staggering appointment times in order to avoid overcrowding.

• If you are coughing or sneezing, feel sick, or have a fever, please stay at home and call us to make other arrangements.

• If you feel well, we will require you to use the hand sanitizer that is available in our reception area.

• You are welcome and encouraged to wear a mask if you feel so inclined; however, if necessary, you may be asked to remove any facial coverings briefly for identification purposes.

• We will continue to work with “at-risk” individuals and others to conduct some limited matters by remote means such as telephone conference or e-mail.

Although our office was closed to the public for several weeks, we have continued to serve our clients, whose business and legal matters have not ceased.

Attorney Mark K. Ingram running for Chesterfield County Council

Attorney Mark K. Ingram announced he is running for Chesterfield County Council (District 9).  “Every elected official will bend over backwards to promote economic development and bring more good jobs to the county.  However, the historic unemployment levels and bleak economic forecast we now face will require innovative thinking and fresh ideas in order to ensure the County’s future success.  The same old ‘business-as-usual’ approach simply won’t cut it when falling state and local tax revenues will force us to find new revenue sources to replace budget shortfalls,” Ingram said.

“My work involves helping my clients solve difficult financial problems by analyzing their financial situations and adjusting their household budgets, debts, and balance sheets.  If our current public health crisis causes a prolonged economic downturn, then I would like to use my professional expertise and skills to help ensure financial stability for our County budget and preserve essential services for the families who live and work here.”

Ingram was born and raised in Cheraw.  He attended Chesterfield County public schools, graduated from Cheraw High School, and earned his bachelor’s degree, Phi Beta Kappa, from Clemson University.  After a year living and working as a JET Program foreign language teacher in Yokohama, Japan, Ingram earned his law degree from the USC School of Law, graduating in the top 5% of his law school class.

Ingram came home to live and work in Chesterfield County after being licensed and admitted as an attorney to the South Carolina Bar.  He now lives in Cheraw with his wife, Rachel, their daughter, June, and their spoiled dog and cat, Spencer and Will Feral.  “Although Rachel commutes to work in Hartsville, we have chosen to make a home for our growing family here in Cheraw,” Ingram said.

Ingram represents clients in state and federal court.  In addition to loan closings and real estate transactions, Ingram assists clients with wills and estate planning as well as consumer bankruptcy, domestic relations and probate matters.

Ingram is an animal lover, an Eagle Scout, a member of First Presbyterian Church, the church’s representative on the St. David’s Cemetery Association Board, a member of the Town of Cheraw Planning Commission, and a member of Cheraw Branch NAACP.

State Court Operations (May 4-June 12, 2020)

In an recent memorandum, the S.C. Supreme Court provided an outline for state court operations during the upcoming six-week period of May 4-June 12, 2020.

The Chief Justice directed:

1. Judges not previously scheduled for vacation to operate on a normal schedule;

2. Judges not to travel outside of the circuits where they reside;

3. Clerks of Court to prepare case dockets for Common Pleas (civil), General Sessions (criminal), and Family Court; and

4. Judges to conduct pre-trial hearings and status conferences by videoconference and as many other previously scheduled hearings as practical.

The Chief Justice emphasized the importance of making every reasonable effort to provide access to the courts, to protect the constitutional rights of individuals, and to ensure that justice is served.  Even in the midst of a crisis, the rule of law must be upheld to maintain an orderly and just society.

Know Your Options: Coronavirus Mortgage Relief

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) contains a variety of provisions designed to help people who are in financial distress due to COVID-19.

Specifically, for federally backed residential mortgage loans, the CARES Act:

1. contains a foreclosure moratorium stopping new cases, motions for judgments and orders in pending cases, and evictions and sales for at least 60 days (until May 18, 2020); and

2. allows borrowers to request a forbearance for up to 180 days (or longer) if they are experiencing a financial hardship due to COVID-19.

These provisions do not apply to conventional mortgage loans. If you have a conventional loan, your lender or servicer may be offering similar options.

Although the CARES Act forbids additional interest, fees, and penalties from accruing during the forbearance period, your regular monthly principal and interest payments that otherwise would be due under the original contract terms will continue to accrue on your account. In other words, your regular payments are not forgiven.

Mortgage lenders and servicers—for both federally-backed and conventional loans—have been offering borrowers either a forbearance of payments or a deferment of payments. Although both options allow you to “skip” payments, they are not the same. The difference is what happens at the end of the temporary forbearance or deferment period.

At the end of a typical forbearance period, the missed payments will be due in a lump-sum. Instead of a one-time “balloon payment,” lenders may work with borrowers to develop a payment plan, which may result in your future payments being higher than previous monthly payments.

At the end of a typical deferment period, the missed payments can either be repaid over time or added to the end of the loan period, depending on what the lender offers or allows.

If you are experiencing a financial hardship due to COVID-19, our best advice is to

1. make as much of your regular monthly payments as you can right now and

2. be careful and understand exactly what is being offered before agreeing to either a forbearance or a deferment with your lender.

If you are a victim of the financial damage being caused by COVID-19, then we may be able to help. Call us to schedule a free initial consultation to discuss your financial situation and your options.

We are a federally designated debt relief agency.
We help people file for bankruptcy relief under the Bankruptcy Code.