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Modifications Lawsuits – Fourth-Quarter 2009 Mortgage Litigation Index Fourth-Quarter 2009 Mortgage Litigation Index

Modifications Lawsuits
Fourth-Quarter 2009 Mortgage Litigation Index
Actions tied to loan modifications and modification firms.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Link to Story
1st Guaranty Mortgage Corp., Spectrum Title, Inc., Crossland Credit Consulting Corp., Scoreleaper, LLC, Stephen Lalonde, Amy Lalonde, and Michael Petroskim Federal Trade Commission U.S. District Court for the Southern District of Florida na Temporary Restraining Order entered. FTC v. 1st Guaranty Mortgage Corp., Spectrum Title, Inc., Crossland Credit Consulting Corp., Scoreleaper, LLC, Stephen Lalonde, Amy Lalonde, and Michael Petroskim na Nov. 17 www.mortgagedaily.com/ModificationLitigation123109.asp
21st Century Legal Services (d/b/a 21st Century Real Estate & Investment Corporation, 21st Century Transitional, Twenty First century Legal Services, Transitional Corporation of America, and 21st Century Remod.) State of Wisconsin Dane County Circuit Court na Complaint filed. State of Wisconsin v. 21st Century Legal Services (d/b/a 21st Century Real Estate & Investment Corporation, 21st Century Transitional, Twenty First century Legal Services, Transitional Corporation of America, and 21st Century Remod.) 09-CX-20 Oct. 13 www.mortgagedaily.com/ModificationLitigation123109.asp
Advanced Mediation Services Michigan Attorney General Mike Cox na na Allegedly charged up-front fees without delivering services promised, failed to provide refunds and violated the Michigan Credit Services Protection Act. na na na www.mortgagedaily.com/ModificationLitigation123109.asp
American Modification Agency Inc., Salvatore Pane Jr. New York Attorney General Andrew M. Cuomo na na The defendants are accused of collecting illegal up-front fees, failing to provide promised refunds and misleading borrowers about its services. na na na www.mortgagedaily.com/ModificationLitigation100809.asp
Angol, LLC and Alexis Gonzales, Individually na District Court, Dallas County, Texas na Petition filed. Angol, LLC and Alexis Gonzales, Individually na Nov. 23 www.mortgagedaily.com/ModificationLitigation123109.asp
APS Northwest Idaho, LLC; Randy Allen; Clint Paulsen; Travis Smithla Idaho Attorney General Cootenai County na Firm allegedly charged advanced fees inviolation of Idaho law. State of Idaho v. APS Northwest Idaho, LLC; Randy Allen; Clint Paulsen; Travis Smithla CV09-9069712 Nov. 2 www.mortgagedaily.com/ModificationLitigation123109.asp
Aurora Loan Services, LLC; Timothy F. Geithner; Henry Allison, Jr.; Edward DeMarco; Federal National Mortgage Association; Michael J. Williams; Eric Schuppenhauer Doreen Edwards; Olubukola Keshinro; Garry Brewster; Maria Vellucci; Thomas Vellucci U.S. District Court for the District of Columbia na This class action was filed against the defendants as a result of the plaintiffs allegedly being denied access to the Home Affordable Modification Program. In addition, plaintiffs alleged that defendants failed to provide them notice that they were denied access to the program and, thus, were denied the right to appeal their denial. Edwards et al. v. Aurora Loan Services, LLC et al. 1:2009cv02100 Nov. 9, 2009 www.mortgagedaily.com/ForeclosureLitigation111709.asp
Barclays Capital Real Estate, Inc. d/b/a Homeq Servicing State of Ohio Court of Common Pleas, Montgomery County, Ohio na Ohio alleges violations of Ohio Consumer Sales Practices Act, including failure to respond to customer inquiries, losing borrowers’ documentation, and deceptive loan modification services against loan servicer Homeq. State of Ohio v. Barclays Capital Real Estate, Inc d/b/a Homeq Servicing Case No. 09-10136 Dec. 16, 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
Bay Area Business Council Inc., Safe Harbour Foundation of Florida Inc., Silverstone Financial LLC, Keystone Financial LLC, Southeast Advertising Inc., MT25 LLC, Peter Porcelli II, Bonnie A. Harris, Christopher Tomasulo Federal Trade Commission U.S. District Court for the District of Illinois na Stipulated Permanent Injunction entered FTC v. Bay Area Business Council, Inc., et al.; FTC v. Safe Harbour Foundation of Florida, Inc., Silverstone Financial LLC, Keystone Financial, LLC, Southeast Advertising, Inc., MT25 LLC, Peter Porcelli II, Bonnie A. Harris, and Christopher Tomasulo 02 C 5762, 08 C 1185 Feb. 27 www.mortgagedaily.com/ModificationLitigation123109.asp
Best Interest Rate Mortgage Co. Idaho Attorney General na $19,710 Settlement of allegations that firm charged advanced fees inviolation of Idaho law. na na na www.mortgagedaily.com/ModificationLitigation123109.asp
Best Interest Rate Mortgage Company, LLC, Michael Diplacido State of Pennsylvania Commonwealth Court, Harrisburg Co, Pennsylvania na Pennsylvania AG charges up-front fees for loan modification services and workouts that are either subsequently not performed or are ineffective despite assurances to consumers that they would avoid foreclosure. na na Nov. 23, 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
Campbell Law Firm, P.A. and Rudolph C. Campbell State of North Carolina ex rel. Roy Cooper, Attorney General v. Campbell Law Firm, P.A. and Rudolph C. Campbell Wake County Superior Court na Complaint filed. State of North Carolina ex rel. Roy Cooper, Attorney General v. Campbell Law Firm, P.A. and Rudolph C. Campbell na Nov. 23 www.mortgagedaily.com/ModificationLitigation123109.asp
Debt Advocacy Center State of Ohio Cuyahoga County Common Pleas Court na Complaint filed. State of Ohio v. Debt Advocacy Center na Nov. 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
Elect Group LLC, Anthony Ferlanti and Emmanuele Zuccarelli Maine Attorney General Janet Mills Kennebec County Superior Court na Allegedly charged illegal up-front fees without registering as debt-management serivces. Elect Group, LLC, Anthony Ferlanti and Emmanuele Zuccarellinc. na November 24, 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
Federal Housing Modification Department, Inc. also doing business as Nations Housing Modification Center and Loan Modification Reform Association, Michael A. Trap, Glenn Rosofsky, and Bryan Rosenberg Federal Trade Commission U.S. District Court District of Columbia na Defendants are accused of violating the FTA Act and the FTC’s Telemarketing Sales Rule by misrepresenting themselves as a federal government agency. In addition, the company allegedly touted a 90% success rate and promised to obtain modified payments for up to a $1,500 fee due two weeks later. The defendants also falsely claimed that they had attorneys and forensic accountants on staff. Federal Trade Commission v. Federal Housing Modification Department, Inc. also doing business as Nations Housing Modification Center and Loan Modification Reform Association, Michael A. Trap, Glenn Rosofsky, and Bryan Rosenberg Civil Action No. 09-CV-01753 Sept. 15, 2009 www.mortgagedaily.com/ModificationLitigation100809.asp
Federal Loan Modification Law Center, LLP State of Wisconsin Dane County Circuit Court na Complaint filed. State of Wisconsin v. Federal Loan Modification Law Center, LLP 09- CX-24 Nov. 19 www.mortgagedaily.com/ModificationLitigation123109.asp
FHAAllDay.com Inc. Connecticut Attorney General Richard Blumenthal na na Allegedly charged up-front fees without delivering services promised. na na na www.mortgagedaily.com/ModificationLitigation123109.asp
First Universal Lending LLC Missouri Attorney General Chris Koster na na Up-front fees were allegedly collected, borrowers were told to stop making paymenst and firm did little to help. State of Missouri, ex rel. Chris Koster v. First Universal Lending na Nov. 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
First Universal Lending, LLC, Sean Zausner, David Zausner, and David J. Feingold Federal Trade Commission U.S. District Court for the Southern District of Florida na Temporary Restraining Order entered. FTC v. First Universal Lending, LLC, Sean Zausner, David Zausner, and David J. Feingold 09-82322-CIVZLOCH Nov. 18 www.mortgagedaily.com/ModificationLitigation123109.asp
Foreclosure Assistance, LLC State of Indiana Grant County, Indiana na Settlement agreement and Assurance of Voluntary Compliance enteredmczyk. State of Indiana v. Foreclosure Assistance, LLC 27C01-0904-PL-3393162 9-Apr www.mortgagedaily.com/ModificationLitigation123109.asp
Foreclosure Awareness Corp., Michael Squillance State of Pennsylvania Commonwealth Court, Harrisburg Co, Pennsylvania na Pennsylvania AG charges up-front fees for loan modification services and workouts that are either subsequently not performed or are ineffective despite assurances to consumers that they would avoid foreclosure. na na Nov. 23, 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
Freedom Foreclosure Prevention Services, LLC, Loss Mitigation Training Centers of America, LLC, Jeffrey C. Segal, and Michael R. Workmanolina Federal Trade Commission U.S. District Court for the District of Arizona na Stipulated Permanent Injunction entered. FTC v. Freedom Foreclosure Prevention Services, LLC, Loss Mitigation Training Centers of America, LLC, Jeffrey C. Segal, and Michael R. Workmanolina CV-09-1167-PHX-FJM 1-Jun www.mortgagedaily.com/ModificationLitigation123109.asp
Freedom Mortgage Team, Inc, Nevrus Mehmeti State of Illinois Cook County Circuit Court na Illinois AG charges up-front fees for loan modification services and workouts that are either subsequently not performed or are ineffective despite assurances to consumers that they would avoid foreclosure. State of Illinois v. Freedom Mortgage Team and Nevrus Mehmeti na Nov. 24, 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
Geoffrey L. Lamb, d/b/a The Lamb Group and U.S. Consumer Solutions State of North Carolina ex rel. Roy Cooper, Attorney General Wake County Superior Court na Complaint filed. State of North Carolina ex rel. Roy Cooper, Attorney General v. Geoffrey L. Lamb, d/b/a The Lamb Group and U.S. Consumer Solutions na Nov. 23 www.mortgagedaily.com/ModificationLitigation123109.asp
Global Financial Consulting Services Michigan Attorney General Mike Cox na na Allegedly charged up-front fees without delivering services promised, failed to provide refunds and violated the Michigan Credit Services Protection Act. na na na www.mortgagedaily.com/ModificationLitigation123109.asp
H&R Block, Inc.; Block Financial Corp.; Option One Mortgage Corp.; H&R Block Mortgage Corp.; AH Mortgage Acquisition Co., d/b/a American Home Mortgage Servicing Inc. Commonwealth of Massachusetts Suffolk Superior Court, Massachusetts na Defendants allegedly originated risky subprime loans with reckless disregard as to whether the borrowers would be able to pay back the loans. In addition, defendants allegedly discriminated against African-American and Latino borrowers. American Home Mortgage Servicing Inc., against whom no misconduct is alleged, has acquired Option One’s servicing business and has reached a settlement with Massachusetts, which includes modifying 8,200 mortgages. Specifically, borrowers who are more than 45 days past due and unable to make their scheduled payments are eligible for modifications. However, litigation against Option One and H&R Block is expected to go to trial next year. Commonwealth of Massachusetts v. H&R Block, Inc. et al. 08-2474-BLS1 June 1, 2008 www.mortgagedaily.com/SettlementAmericanHome111309.asp
Help Modify Now Debt Solutions, Inc. and Help Modify Now, Inc. and Chas Bains Maine Attorney General Janet Mills Kennebec County Circuit Court na Allegedly charged illegal up-front fees without registering as debt-management serivces. Help Modify Now Debt Solutions, Inc. and Help Modify Now, Inc. and Chas Bains na Nov. 18 www.mortgagedaily.com/ModificationLitigation123109.asp
Helping Hands Support Services, Inc.. State of Kansas na na Default Judgment of $75,000 entered. State of Kansas v. Helping Hands Support Services, Inc.. na na www.mortgagedaily.com/ModificationLitigation123109.asp
Home Assure, LLC, B Home Associates, LLC (d/b/a Expert Foreclosures), Brian Blanchard, Michael Grieco, Michael Trimarco, and Nicholas Molina Federal Trade Commission U.S. District Court for the Middle District of Florida na Stipulated Permanent Injunction entered. FTC v. Home Assure, LLC, B Home Associates, LLC (d/b/a Expert Foreclosures), Brian Blanchard, Michael Grieco, Michael Trimarco, and Nicholas Molina 8:09-CV-00547-T-23 20-Mar www.mortgagedaily.com/ModificationLitigation123109.asp
Home Loan Modification Advisors Kansas Attorney General Steve Six Shawnee County, Kansas District Court na Firm allegedly did nothing despite promises. State of Kansas v. Home Loan Modification Advisors 09 C 1815 November 19, 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
Hope Now Modifications, LLC, Hope Now Financial Services Corp., also d/b/a Hope Now Modifications, Nick Puglia, and Salvatore Puglia Federal Trade Commission U.S. District Court for the District of New Jersey na An amended complaint was filed against Hope Now Modifications LLC and added Michael Kwasnik, Esq and The Law Firm of Kwasnik, Rodio, Kanowitz & Buckley P.C. as defendants. Federal Trade Commission v. Hope Now Modifications, LLC, Hope Now Financial Services Corp., also d/b/a Hope Now Modifications, Nick Puglia, and Salvatore Puglia Case 1:09-cv-01204-JBS-JS Mar. 17, 2009 www.mortgagedaily.com/ModificationLitigation100809.asp
IMC Financial Services, LLC State of Indiana Dearborn County, Ind. na Complaint filed. State of Indiana v. IMC Financial Services, LLC na Nov. 16 www.mortgagedaily.com/ModificationLitigation123109.asp
Infinity Funding Group Kansas Attorney General Steve Six Shawnee County, Kansas District Court na Firm allegedly did nothing despite promises. State of Kansas v. Infinity Funding Group 09 C 1814 November 19, 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
Infinity Group Services, a corporation, also d/b/a IGS, Hope to Homeowners, ASKIGS, and ASKIGS, Inc., and Kahrami Zamani, individually and as an officer of Infinity Group Services Federal Trade Commission U.S. District Court for the Central District of California Southern Division na The complaint alleges that Infinity offered a money-back guarantee that it would obtain a modification but then failed to respond when borrowers called about refunds. Federal Trade Commission v. Infinity Group Services, et al. SACV09-00977 DOC (MLGx) Aug. 26, 2009 www.mortgagedaily.com/ModificationLitigation100809.asp
Jack Ferm d/b/a US Justice Foundation State of Nevada na na Indictment issued. State of Nevada v. Jack Ferm d/b/a US Justice Foundation na Oct. 2 www.mortgagedaily.com/ModificationLitigation123109.asp
Justin Sabo, Thomas Gentile, and Julio Martinez State of Nevada na na Indictment issued. State of Nevada v. Justin Sabo, Thomas Gentile, and Julio Martinez na Oct. 23 www.mortgagedaily.com/ModificationLitigation123109.asp
Kirkland Young State of Ohio Franklin County Common Pleas Court LLC na Complaint filed. State of Ohio v. Kirkland Young na Nov. 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
Kirkland Young, LLC State of Kansas na na Consent judgment. State of Kansas v. Kirkland Young, LLC na na www.mortgagedaily.com/ModificationLitigation123109.asp
Kirkland Young, LLC, Michael Botton, April Botton Krawiecki, Samy Botton, Attorney Aid LLC, David Botton Federal Trade Commission U.S. District Court for the Southern District of Florida na Temporary Restraining Order entered. Alleged violations of Telemarketing Sales Act and Sec. 5 of FTC Act for falsely guaranteeing to provide loan modifications to borrowers. FTC v. Kirkland Young, LLC and Michael Botton 09-23507-CIVGOLD/MCALILEY Nov. 30, 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
Klein, James Michigan Attorney General Mike Cox na na Allegedly charged up-front fees without delivering services promised, failed to provide refunds and violated the Michigan Credit Services Protection Act. na na na www.mortgagedaily.com/ModificationLitigation123109.asp
Living Modifications Corp., Tomasz Tomczyk State of Illinois Cook County Circuit Court na Illinois AG charges up-front fees for loan modification services and workouts that are either subsequently not performed or are ineffective despite assurances to consumers that they would avoid foreclosure. State of Illinois v. Living Modification Corporation and Tomasz Tomczyk na Nov. 24, 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
Loan Mod One, LLC State of Illinois Cook County Circuit Court na Illinois AG charges up-front fees for loan modification services and workouts that are either subsequently not performed or are ineffective despite assurances to consumers that they would avoid foreclosure.US Homeowners Assistance allegedly violated 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 Nov. 24, 2009 www.mortgagedaily.com/ModificationLitigation123109.aspwww.mortgagedaily.com/ModificationLitigation081209.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 U.S. District Court for the Central District of California, Southern Division na The FTC obtained a stipulated federal court order prohibiting Lucas Law Center and its principals from charging up-front fees, which were as high as $3,995, or misrepresenting their services. Federal Trade Commission v. Lucaslawcenter “Incorporated” a corporation et al. No. 09-CV-770 Sept. 17, 2009 www.mortgagedaily.com/ModificationLitigation100809.asp
Mariano Ortega and Rene Alverez People Santa Clara County Superior Court na The defendants are being prosecuted for allegedly collecting more than $2 million in advance fee-payments with promises that their company, M & R Contemporary Solutions Inc., would purchase borrowers’ mortgages on the secondary market and then modify the loans when in fact no borrowers were ever helped. People v. Mariano Ortega and Rene Alverez No. cc 954156 Sept. 2009 www.mortgagedaily.com/ModificationLitigation100809.asp
National Payment Modification Company; The Bostonian Group, LLC, f/k/a The Bostonian Group, Inc. d/b/a People’s First; and William R. Rodriguez, Sr. State of Florda Circuit Court in Orange County, Fla. na Allegedly engaged in foreclosure rescue fraud. The lawsuit alleges that defendants accepted fees in exchange for assisting homeowners in preventing foreclosure. However, the defendants provided no such services. Furthermore, defendants obtained their clients using mailings that implied that they came from a federal agency. State of Florda v. National Payment Modification Company; The Bostonian Group, LLC, f/k/a The Bostonian Group, Inc. d/b/a People’s First; and William R. Rodriguez, Sr. na Oct. 9, 2009 www.mortgagedaily.com/ModificationLitigation123109.aspwww.mortgagedaily.com/ForeclosureFirmLitigation111709.asp
Nationwide Foreclosure Prevention Center State of Pennsylvania Commonwealth Court, Harrisburg Co, Pennsylvania na Pennsylvania AG charges up-front fees for loan modification services and workouts that are either subsequently not performed or are ineffective despite assurances to consumers that they would avoid foreclosure. na na Nov. 23, 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
Nevada Department of Business and Industry, Division of Mortgage Lending Cogburn Law Offices, LLC Clark County District Court, Nevada na A law firm sued the state over rules that require non-attorney employees to obtain licenses to work on mortgage loan modifications. The firm successfully obtained a temporary restraining order preventing the state from suggesting in public statements that its staff who work with its licensed lawyers are not qualified to help borrowers with loan modifications, short sales, and deeds in lieu of foreclosure. na na na www.mortgagedaily.com/ForeclosureFirmLitigation111709.asp
Peter A. Johnson and American Summit Financial Services, Inc.-fla State of Colorado Boulder County District Court na Complaint and consent judgment filed. State of Colorado v. Peter A. Johnson and American Summit Financial Services, Inc.-fla 2009CV1193 Nov. 19 www.mortgagedaily.com/ModificationLitigation123109.asp
Premier Credit Services of Kansas City and its principals, Michael Eads and Angela Eads Missouri Attorney General Chris Koster na na Defendants are accused of illegally collecting up-front payments and falsely promising to obtain loan modifications with lower rates or payments. na na na www.mortgagedaily.com/ModificationLitigation100809.asp
Shirley Gail Matthews Monroe County Court, Pennsylvania na Found guilty of deceptive business practices, theft by deception and theft by failure to make required disposition of funds. For example, one borrower allegedly paid Matthews over $10,000, including $2,710 for her fee and the rest for payments on his loan to the servicer, but Matthews allegedly kept all the money herself. na na na www.mortgagedaily.com/ModificationLitigation112309.asp
The Debt Advocacy Center, LLC, Smith, Gromann & Davidson, P.A., Edward J. Davidson, John W. Smith, Glen E. Gromann, and Kevin McCormick Federal Trade Commission U.S. District Court for the Northern District of Ohio na Temporary Restraining Order entered. FTC v. The Debt Advocacy Center, LLC, Smith, Gromann & Davidson, P.A., Edward J. Davidson, John W. Smith, Glen E. Gromann, and Kevin McCormick 1:09-cv-2712 Nov. 19 www.mortgagedaily.com/ModificationLitigation123109.asp
The Shmuckler Group LLC, Nova Key LLC, Howard R. Shmuckler, Alon Fisch, and Ted Dubin Maryland Department of Labor, Licensing and Regulation’s Office of the Commissioner of Financial Regulation na $1,200,000 Collected up-front fees on 372 loans, operated without a Maryland credit services business license and provided no refunds. Violated Maryland Credit Services Businesses Act and the Protection of Homeowners in Foreclosure Act. na na na www.mortgagedaily.com/ModificationLitigation123109.asp
Thomas Ryan Federal Trade Commission U.S. District Court for the District of Columbia na Stipulated Permanent Injunction entered FTC v. Thomas Ryan 1:09-CV-00535 20-Mar www.mortgagedaily.com/ModificationLitigation123109.asp
Timothy F. Geithner, as United States Secretary of Treasury; U.S. Department of Treasury; The Federal Housing Finance Agency; The Federal Home Loan Mortgage Corporation, d/b/a Freddie Mac; The Federal National Mortgage Association, d/b/a Fannie Mae; Ocwen Loan Servicing, LLC; GMAC Mortgage; U.S. Bank Nichole Williams; Johnson Sendolo; Carey Koppenberg; Carrie Strohmayer U.S. District Court of Minnesota na Class action filed for allegedly denying the plaintiffs access to the Home Affordable Modification Program. The plaintiffs alleged that it was their constitutional right to benefit from the program and the defendants failed to provide them written notice of an adverse decision and denied them the right to appeal. The judge dismissed the case because the statutes at issue did not create an absolute duty on the part of the Treasury Secretary to consent to the loan modifications requested by the plaintiffs. Nichole Williams, Johnson Sendolo, Carey Koppenberg, Carrie Strohmayer, on behalf of themselves and all others similarly situated, V. Timothy F. Geithner, as United States Secretary of the Treasury, U.S. Department of the Treasury, The Federal Housing Finance Agency, as Conservator for the Federal National Mortgage Association, d/b/a Fannie Mae and the Federal Home Loan Mortgage Corporation, d/b/a Freddie Mac, Federal National Mortgage Association, d/b/a Fannie Mae, Federal Home Loan Mortgage Corporation, d/b/a Freddie Mac, Ocwen Loan Servicing, LLC, GMAC Mortgage, f/d/b/a Homecomings Financial, and U.S. Bank. 0:2009cv01959 July 28, 2009 www.mortgagedaily.com/ForeclosureLitigation111709.asp
Truman Foreclosure Assistance, LLC, Truman Mitigation Services, LLC, Franklin Financial Group US LLC, Eli Hertz, Benzion Jack Itzkowitz, and Richard Zafrani Federal Trade Commission U.S. District Court for the Southern District of Florida na Complaint filed. FTC v. Truman Foreclosure Assistance, LLC, Truman Mitigation Services, LLC, Franklin Financial Group US LLC, Eli Hertz, Benzion Jack Itzkowitz, and Richard Zafrani na Nov. 23 www.mortgagedaily.com/ModificationLitigation123109.asp
Tyrone Bailey, Individually, a/k/a T.D. Bailey a/k/a J.D. Bailey d/b/a Behind on Mortgage; Mark Bailey, Individually a/k/a Markus Bailey, d/b/a Behind on Mortgages, USA State of Texas 134th Judicial District, Dallas County, Texas $20,000 per violation of the Texas Deceptive Trade Practices Act in addition to legal costs The defendants allegedly visited homeowners facing foreclosure and told the homeowners that they could help them acquire new loans, renewals, and extensions on current loans. However, despite accepting payment, defendants provided no such services and the homeowners lost their homes. The judge granted an agreed temporary injunction barring the defendants from deceptively operating their unlicensed business and required them to pay the fees they charged back to the homeowners. The state seeks $20,000 per violation of the Texas Deceptive Trade Practices Act in addition to legal costs. Also alleged are violations of the Texas Business and Commerce Code and the Texas Finance Code. State of Texas, Plaintiff, v. Tyrone Bailey, Individually, aka T.D. Bailey a/k/a J.D. Baily d/b/a Behind on Mortgage, and Mark Bailey, Individually a/k/a Markus Bailey, d/b/a Behind on Mortgage, USA Defendant 09-14826, 09-18246 na www.mortgagedaily.com/ModificationLitigation123109.aspwww.mortgagedaily.com/ForeclosureFirmLitigation111709.asp
U.S. Mortgage Mod LLC, Marc Dambrosio State of Pennsylvania Commonwealth Court, Harrisburg Co, Pennsylvania na Pennsylvania AG charges up-front fees for loan modification services and workouts that are either subsequently not performed or are ineffective despite assurances to consumers that they would avoid foreclosure. na na Nov. 23, 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
United Credit Adjusters, Inc., doing business as United Credit Adjustors and UCA; United Credit Adjustors, Inc., d/b/a United Credit Adjusters and UCA; United Counseling Association, Inc., d/b/a UCA; Bankruptcy Masters Corp., National Bankruptcy Services Corp., Federal Debt Solutions, Ltd., United Money Tree, Inc., and Ahron E. Henoch, Ezra Rishty, and Gerald Serino, also known as Jerry Serino, The Loan Modification Shop Ltd., and Casey Lynn Cohen Federal Trade Commission U.S. District Court for the District of New Jersey na An amended complaint was filed adding defendants and a preliminary injunction was granted against defendants. Federal Trade Commission v. United Credit Adjusters, Inc., doing business as United Credit Adjustors and UCA; United Credit Adjustors, Inc., d/b/a United Credit Adjusters and UCA; United Counseling Association, Inc., d/b/a UCA; Bankruptcy Masters Corp., National Bankruptcy Services Corp., Federal Debt Solutions, Ltd., United Money Tree, Inc., and Ahron E. Henoch, Ezra Rishty, and Gerald Serino, also known as Jerry Serino, The Loan Modification Shop Ltd., and Casey Lynn Cohen na Aug. 4, 2009 www.mortgagedaily.com/ModificationLitigation100809.asp
US Advocate Law Group, P.C. and Jeff Nemerofsky Maine Attorney General Janet Mills Kennebec County Circuit Court na Allegedly charged illegal up-front fees without registering as debt-management serivces. US Advocate Law Group, P.C. and Jeff Nemerofsky na November 24, 2009 www.mortgagedaily.com/ModificationLitigation123109.asp
Washington Data Resources, Inc., Optimum Business Solutions, LLC, Crowder Law Group, P.A., Richard A. Bishop, Brent McDaniel, Tyna Caldwell, Douglas A. Crowder, and Kathleen Lewis Federal Trade Commission v. Washington Data Resources, Inc., Optimum Business Solutions, LLC, Crowder Law Group, P.A., Richard A. Bishop, Brent McDaniel, Tyna Caldwell, Douglas A. Crowder, and Kathleen Lewis U.S. District Court for the Middle District of Florida na Stipulated Preliminary Injunction entered. FTC v. Washington Data Resources, Inc., Optimum Business Solutions, LLC, Crowder Law Group, P.A., Richard A. Bishop, Brent McDaniel, Tyna Caldwell, Douglas A. Crowder, and Kathleen Lewis 8:09-cv-2309-T-23 TMB Nov. 12 www.mortgagedaily.com/ModificationLitigation123109.asp
Xolutex, Inc., Ceasar Taveras, George Ibanez, Paola Pino, Laura Ibanez, and Guillermo Gomez. Office of the Attorney General, Department of Legal Affairs, State of Florida Miami-Dade County, Florida District Court na Complaint filed. Office of the Attorney General, Department of Legal Affairs, State of Florida v. Xolutex, Inc., Ceasar Taveras, George Ibanez, Paola Pino, Laura Ibanez, and Guillermo Gomez. 09-77640 CA 30 Oct. 21 www.mortgagedaily.com/ModificationLitigation123109.asp

Q3 2009 modification lawsuits


Q2 2009 modification lawsuits

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