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Defendant
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Plaintiff
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Court
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Amount
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Overview
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Case Title
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Case Number
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Date Filed |
Link to Story |
| Ace Group, Inc. a Delaware corporation, also d/b/a American Credit Experts, Inc., The Ace Group, Inc., The Ace Group, and Ace, Legal Credit Repair Center, Inc., a Florida Corporation, also d/b/a LCRC, Michael Singer, Melvin Kessler, and Gerald Roth |
Federal Trade Commission |
United States District Court Southern District of Florida |
$21 million judgment, suspended as long as defendants Singer and Roth pay $5,000 each |
The FTC announced a settlement with defendants whom the FTC alleged promised to remove negative but accurate credit items, including bankruptcy, for an initial fee of $59.95 and monthly fees of $59.95. Dispute letters sent to credit reporting agencies by defendants failed to improve credit reports. As part of the settlement, the defendants are barred from violating the Credit Repair Organizations Act by charging advanced fees or claiming they can permanently remove negative items. |
Federal Trade Commission et al v. The Ace Group,Inc. et al. |
No. 0:08-CV-61686-PAS |
10/20/2008 |
www.mortgagedaily.com/Credit072809.asp |
| Equifax, Inc.; Experian Information Solutions, Inc.; TransUnion LLC; VantageScore Solutions LLC. |
Fair Isaac Corporation (now operating as FICO); myFICO Consumer Services, Inc. |
U.S. District Court for the District of Minnesota |
n/a |
A claim that one of the three credit agencies violated its contract with FICO by developing a competing credit scoring model was dismissed. The judge also dismissed claims of antitrust violations and false advertising. |
Fair Isaac Corp.. et al. v. Equifax, Inc. et al. |
0:06-cv-04112-ADM-JSM |
10/11/2006 |
www.mortgagedaily.com/LawsuitVantageScore073009.asp |
| Apply2Save, Inc. a corporation, Sleeping Giant Media Works, Inc., a corporation, and Derek R. Oberholtzer, individually and as an officer of Apply2Save, Inc., and Sleeping Giant Media Works, Inc. |
Federal Trade Commission |
United States District Court for the District of Idaho |
n/a |
The FTC asked the court for consumer redress and a permanent ban on deceptive practices alleging defendants promised loan modifications in 30 to 90 days for advanced fees up to $995, however, defendants failed to obtain those modifications and for most consumers, were unable to stop foreclosure. |
Federal Trade Commission v. Apply2Save, Inc. et al. |
FTC File No. 092 3117 |
July 14, 1009 |
www.mortgagedaily.com/LawsuitsForeclosure071509.asp |
| Foreclosure Solutions, LLC, and Timothy A. Buckley |
Federal Trade Commission |
United States District Court for the Northern District of Ohio, Eastern District |
n/a |
The FTC reported a Stipulated Final Judgment against defendants who were accused of falsely claming years of experience in loan modifications, falsely touting high success rates and violation the FTC’s Do Not Call Rule by calling borrowers on the National Do Not Call Registry. |
Federal Trade Commission v. Foreclosure Solutions, LLC et al. |
No. 1:08-cv-01075 |
4/28/2008 |
www.mortgagedaily.com/LawsuitsForeclosure071509.asp |
| Loss Mitigation Services, Inc., Synergy Financial Management Corporation, also d/b/a Direct Lender and DirectLender.com, Dean Shafer, Bernadette Carr-Perry, and Marion Anthony (a.k.a. “Tony”) Perry |
Federal Trade Commission |
United States District Court Central District of California |
n/a |
The FTC asked the court for consumer redress and a permanent ban on deceptive practices alleging defendants charged up to $5,500 in advance, misrepresented its relationship with servicers and falsely promised to obtain a modification. |
Federal Trade Commission v. Loss Mitigation Services Inc. et al. |
No. 09-CV-800 |
7/13/2009 |
www.mortgagedaily.com/LawsuitsForeclosure071509.asp |
| LucusLawCenter “Incorporated”, a corporation, also d/b/a Lucas Law Center, Future Financial Services, LLC, a limited liability company, also d/b/a Lucas Law Center, Paul Jeffrey Lucas, an individual, Christopher Francis Betts, an individual, and Frank Sullivan, an individual |
Federal Trade Commission |
United States District Court Central District of California Southern Division |
n/a |
The FTC asked the court for consumer redress and a permanent ban on deceptive practices alleging defendants charged advanced fees up to $3,995 and told borrowers to stop making their payments to demonstrate consumers’ hardship to the lender in order to obtain a home loan modification. In numerous instances, defendants failed to obtain mortgage loan modifications. Defendants have also failed to give promised refunds to consumers when they could not in fact obtain home loan modifications. |
Federal Trade Commission v. Lucaslawcenter “Incorporated” a corporation et al. |
No. 09-CV-770 |
7/7/2009 |
www.mortgagedaily.com/LawsuitsForeclosure071509.asp |
| US Foreclosure Relief Corp., a corporation, also, d/b/a U.S. Foreclosure Relief, Inc., Lighthouse Services, and California Foreclosure Specialists, George Escalante, individually and as an officer of US Foreclosure Relief Corp., Cesar Lopez, individually and doing business as H.E. Service Company, and Adrian Pomery, Esq., individually and also trading and doing business as Pomery & Associates |
Federal Trade Commission, The People of the State of California, and the State of Missouri |
United States District Court Central District of California |
n/a |
The FTC asked the court for consumer redress and a permanent ban on deceptive practices alleging defendants falsely claimed they could obtain home loan modifications, falsely claiming years of experience and success in obtaining modificiations, and violating the telemarketing sales rule and the National Do Not Call Registry. |
Federal Trade Commission et al. v. US Foreclosure Relief |
No. 09-CV-768 |
7/7/2009 |
www.mortgagedaily.com/LawsuitsForeclosure071509.asp |
| Best Interest Rate Mortgage Company, LLC |
New Jersey Attorney General |
Superior Court of New Jersey Chancery Division- Essex County |
na |
State alleges Best Interest Rate Mortgage Company LLC of violations of Consumer Fraud Act and New Jersey Debt Adjustment and Credit Counseling Act in relation modification services. Best operated without a state license, offered misleading solicitations that the firm represented a government agency, and charged excessive up-front fees. |
Milgram v. Best Interest Rate Mortgage Company, LLC |
na |
7/10/2009 |
www.mortgagedaily.com/ModificationLitigation081209.asp |
| FHA Allday.com, Safety Financial Services, Inc., Housing Assistance Law Center, PA, Housing Assistance Now, Inc., Jason Vitulano |
Florida Attorney General |
Circuit Court for Palm Beach County, Florida 15th Judicial Circuit |
na |
Firm allegedly charged excessive up-front fees for loan modification services in addition to illegally using Barack Obama’s voice in marketing phone calls and claiming to have an in-house staff of attorneys when no such staff existed. Also alleged are violations of the Foreclosure Fraud Prevention Act. |
State of Florida v. FHA Allday.com, Inc. et. al. |
2009CA024341 |
7/20/2009 |
www.mortgagedaily.com/ModificationLitigation081209.asp |
| Home Relief Services, LLC, The Diener Law Firm, Golden State Funding, Inc., Payment Relief Services, Inc., Christopher Diener, Kathleen Marrero-Davis, Terence Green Sr, Stefano Marrero, Maya Burrell Marrero, Ronald C. Specter, Kenneth Buhler, Does 1-100 |
California Attorney General |
Superior Court of the State of California, County of Orange |
$10 million |
Firm is alleged to have charged excessive up-fron fees for loan modifications and failed to provide services to clients. |
The People of the State of California v. Home Relief Services, LLC et al |
na |
na |
www.mortgagedaily.com/ModificationLitigation081209.asp |
| Hope for Homeowners Now, LLC, Matthew Castaneda and Jane Doe Castaneda, Michael Winding and Jane Doe Winding |
Arizona Attorney General |
Superior Court of Arizona, Maricopa County |
$155,000 |
Defendants allegedly charged excessive up-front fees for loan modification services. Default judgment entered against defendants for failure to appear on Sept. 28, 2009 |
State of Arizona v. Hope for Homeowners Now, LLC, et. Al |
CV2009-022275 |
Sept. 28, 2009. |
www.mortgagedaily.com/ModificationLitigation081209.asp |
| Loan Modification of America LLC, Kardakh Natto, John Saro |
Arizona Attorney General |
Superior Court of Arizona, Maricopa County |
na |
Defendant is alleged to have falsely advertised a 90% success rate in modifying clients mortgages and falsely offering a 100% money back guarantee |
State of Arizona v. Loan Modification of America LLC |
CV2009-022274 |
7/14/2009 |
www.mortgagedaily.com/ModificationLitigation081209.asp |
| Loan Modification Professional Services |
Arizona Attorney General |
Superior Court of Arizona, Maricopa County |
na |
Defendant is accused of collecting between $1,500 and $3,500 from eight customers who claim they never received the services they were promised. |
na |
na |
na |
www.mortgagedaily.com/ModificationLitigation081209.asp |
| RMR Group Loss Mitigation, LLC, Living Water Lending, Inc., Shippey & Associates, PC, Michael Scott Armendariz, Ruben Curiel, Ricardo Haag, Karla Shippey, Arthur Aldridge, Does 1-100 |
California Attorney General |
California Superior Court, Orange County |
na |
Firm is charged with falsely advertising a 98% success rate and a money-back guarantee while charging excessive up-front fees. |
The People of the State of California v. RMR Group Loss Mitigation, LLC, et al. |
No. 30-2009-00125952 |
7/13/2009 |
www.mortgagedaily.com/ModificationLitigation081209.asp |
| Santoya Financial Company LLC, Thomas J. Montoya, Robert Sanchez |
Arizona Attorney General |
Superior Court of Arizona, Maricopa County |
na |
Santoya is alleged to have falsely advertised that the HUD endorsed the firm’s services and that modification fees were refundable in the event loan modification attempts are unsuccessful. |
State of Arizona v. Santoya Financial Company |
CV2009-022369 |
7/13/2009 |
www.mortgagedaily.com/ModificationLitigation081209.asp |
| Sean Cantkier; Scot Lady; Jeffrey Altmire; Michael Haller; Lisa Roye; Alan Lestourgeon; Kean Lee Lim; Greg Rivera; Neil Sperry. |
Federal Trade Commission |
U.S. District Court for the District of Columbia |
n/a |
Defendants allegedly attempted to divert homeowners searching for www.MakingHomeAffordable.gov, a government endorsed Web site, to Web sites that charge fees for the same services. At the Federal Trade Commission’s request, the Court entered orders barring eight of the defendants from engaging in the allegedly illegal conduct. |
FTC v. Cantkier. [Formerly FTC v. One or More Unknown Parties Misrepresenting Their Affiliation with the Making Home Affordable Loan Program] |
09-CV-00894, FTC File No. 092 3147 |
5/14/2009 |
www.mortgagedaily.com/Modifications072409.asp |
| Statewide Financial Group, Inc d/b/a/ US Homeowners Assistance, US Homeowners Preservation Center, Inc., US Homeowners Preservation Center of America, Hakimullah Sarpas, Zulmai Nazarai, Sharon Fasela, Rasha Yehia Melek |
California Attorney General |
California Superior Court, Orange County |
na |
Firm is charged with falsely advertising a 98% success rate and implying it was a government agency, and charging up-front fees while not providing services to the clients |
The People of the State of California v. Statewide Financial Group, Inc. et al |
na |
7/13/2009 |
www.mortgagedaily.com/ModificationLitigation081209.asp |
| US Homeowners Asstistance |
Ohio Attorney General, Ohio Department of Commerce |
Hamilton County Court of Common Pleas, State of Ohio |
na |
Alleged violations of the Ohio Consumer Sales Practices Act, Telephone Solicitation Sales Act, Debt Adjusters Act, and Telephone Consumer Protection Act. Customers were charged $1,800 for responding to automated solicitation phone calls, and the State alleges failure to provide services to clients. |
NA |
na |
na |
www.mortgagedaily.com/ModificationLitigation081209.asp |
