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Modifications Lawsuits – Second-Quarter 2010 Mortgage Litigation Index Second Quarter 2009 Mortgage Litigation Report

Modifications Lawsuits
Second Quarter 2009 Mortgage Litigation Report
Actions tied to loan modifications and modification firms.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Link to Story
American Foreclosure Specialists Pennsylvania Department of Banking na na Cease-and-desist orders require company to halt unlicesnsed activity. n.a. n.a. 1-May-2009 www.mortgagedaily.com/Modifications052109.asp
American Modification Agency Inc., Salvatore Pane Jr. New York Attorney General Andrew M. Cuomo n.a. n.a. State claims false advertising on modifcation claims. n.a. n.a. n.a. www.mortgagedaily.com/Modifications061509.asp
ApplyLoanMod.com Pennsylvania Department of Banking na na Cease-and-desist orders require company to halt unlicesnsed activity. n.a. n.a. 1-May-2009 www.mortgagedaily.com/Modifications052109.asp
Bank of America and Countrywide Home Loans, Inc. United Law Group Superior Court of the State of California of Orange Central Justice Center n/a United Law Group filed suit against Countrywide and its parent, Bank of America. United claims that the banks sought to harm the company’s reputation with its clients in order to stall and mislead clients seeking mortage modifications. United Law Group v. Bank of America Corp. and Countrywide Home Loans, Inc., Defendants. No. 30-2009 00121999 27-May-2009 www.mortgagedaily.com/Modifications052109.aspwww.mortgagedaily.com/Modifications062609.asp
Bobby John Herrera Arizona Attorney General Terry Goddard n.a. $80,541 5-year sentence over false claims. n.a. n.a. n.a. www.mortgagedaily.com/Modifications061509.asp
Bryan D’Antonio, The Rodis Law Group Inc., America’s Law Group Inc. and The Financial Group Inc. Federal Trade Commission n.a. n.a. Defendants allegedly violated a 2001 court order prohibiting the misrepresentation of material facts about goods or services. n.a. n.a. n.a. www.mortgagedaily.com/Modifications061509.asp
Cash VIP and Fernando Rios Illinois Attorney General Lisa Madigan n.a. n.a. Foreclosure rescue service allegedly didn’t provide services even though it collected up-front fees in violation of the Illinois Mortgage Rescue Fraud Act. n.a. n.a. n.a. www.mortgagedaily.com/ForeclosureRescue051109.asp
Centurion Loss Mitigation Group and Carlos A. Gome Illinois Attorney General Lisa Madigan n.a. n.a. Foreclosure rescue service allegedly didn’t provide services even though it collected up-front fees in violation of the Illinois Mortgage Rescue Fraud Act. n.a. n.a. n.a. www.mortgagedaily.com/ForeclosureRescue051109.asp
ClearHomeRelief Pennsylvania Department of Banking na na Cease-and-desist orders require company to halt unlicesnsed activity. n.a. n.a. 1-May-2009 www.mortgagedaily.com/Modifications052109.asp
Consumer Loan Modification Pennsylvania Department of Banking n/a n/a Cease-and-desist order issued for providing modification services without licenses. n/a n/a 10-Apr-2009 www.mortgagedaily.com/Modifications042909.asp
Dinamica Financiera LLC, Soluciones Dinamicas, Inc., Valentin Benitez, Jose Mario Esquer, Rosa Esquer Federal Trade Commission U. S. District Court, C.D. Cal. n/a Suit alleges that defendants falsely promised delinquent Spanish-speaking borrowers that they would obtain mortgage loan modifications; temporary restraining order issued. Federal Trade Commission v. Dinamica Financiera LLC, a California limited liability company, Soluciones Dinamicas, Inc., a California corporation, Valentin Benitez, an individual, Jose Mario Esquer, an individual, and Rosa Esquer, an individual No. 09-CV-03554, File No. 082-3103 12-May-2009 www.mortgagedaily.com/Modifications060309.asp
Federal Loan Modification Law Center LLC Pennsylvania Department of Banking n/a n/a Cease-and-desist order issued for providing modification services without licenses. n/a n/a 10-Apr-2009 www.mortgagedaily.com/Modifications042909.asp
Gateway Mortgage Modification LLC Missouri Attorney General Chris Koster n.a. n.a. Defendant alleged to have illegally collected fees for modifications when no modifications were done. n.a. n.a. n.a. www.mortgagedaily.com/Modifications060309.asp
HomeForeclosureFighter Pennsylvania Department of Banking na na Cease-and-desist orders require company to halt unlicesnsed activity. n.a. n.a. 1-May-2009 www.mortgagedaily.com/Modifications052109.asp
Keep Your Property Inc., Centro De Prevencion Y Educacion Corazones Unidos H.I. Visida, Inc., CENTRO DE PREVENCION Y EDUCACION CORAZONES UNIDOS H.I. VISIDA, INC., d/b/a Keep Your Property; Economic Alliance Group, Inc., William R. Colon, and Carlos A. Hernandez Florida Attorney General Florida 17th Judicial Circuit Court, Broward County n/a Defendants allegedly charged up-front modification fees in violation of state law and told modification prospects to stop making mortgage payments but didn’t contact lenders. “Office of the Attorney General, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA, Plaintiff, vs. Case No. KEEP YOUR PROPERTY, INC., a Florida corporation, CENTRO DE PREVENCION Y EDUCACION CORAZONES UNIDOS H.I. VISIDA, INC., a Florida not for profit corporation d/b/a Keep Your Property; ECONOMIC ALLIANCE GROUP, INC., a Florida not for profit corporation; WILLIAM R. COLON, Individually and as an officer/president of Keep Your Property, Inc., Centro De Prevencion Y Educacion Corazones Unidos H.I. Visida, Inc. and Economic Alliance Group, Inc. and CARLOS A. HERNANDEZ, Individually and as an officer/director of Keep Your Property, Inc., and as vice-president of Economic Alliance Group, Inc. n/a 2-Apr-2009 www.mortgagedaily.com/Modifications040709.asp
Mortgage Solutions Clearing House Pennsylvania Department of Banking na na Cease-and-desist orders require company to halt unlicesnsed activity. n.a. n.a. 1-May-2009 www.mortgagedaily.com/Modifications052109.asp
n.a. Apply 2 Save Inc. U.S. Bankruptcy Court 7800000 Modification firm files for bankruptcy liquidation. n.a. n.a. n.a. www.mortgagedaily.com/Modifications061509.asp
National Foreclosure Counseling Services Corp., Raymond Paulk and Robert V. Dallavia d/b/a National Foreclosure Counseling Services and American Foreclosure Counseling Center Florida Attorney General Florida 4th Judicial Circuit Court, Duval County n/a Defendant allegedly lured prospects with mailings that appeared to be from the government and charged $2,000 in upfront modification fees in violation of state law. State of Florida, Office of the Attorney General, Plaintiff, v. National Foreclosure Counseling Services Corp., Raymond Paulk and Robert V. Dallavia D/B/A National Foreclosure Counseling Services and American Foreclosure Counseling Center, Defendants n/a 3-Apr-2009 www.mortgagedaily.com/Modifications040709.asp
U.S. Loan Assistance Center Pennsylvania Department of Banking na na Cease-and-desist orders require company to halt unlicesnsed activity. n.a. n.a. 1-May-2009 www.mortgagedaily.com/Modifications052109.asp
U.S. Mortgage Group Inc. Pennsylvania Department of Banking n.a. n.a. Cease-and-desist order issued for not providing requested information about U.S. Mortgage Mod LLC. n.a. n.a. n.a. www.mortgagedaily.com/Modifications060309.asp
U.S. Settlement Services Pennsylvania Department of Banking n/a n/a Cease-and-desist order issued for providing modification services without licenses. n/a n/a 10-Apr-2009 www.mortgagedaily.com/Modifications042909.asp
Unknown firm Federal Trade Commission U.S. District Court for the District of Columbia n/a Temporary restraining order issued against an unknown company pretending to be linked to the Making Homes Affordable Program. FTC v One or More Unknown Parties Misrepresenting Their Affiliation with the Making Homes Affordable Program No. 1:09-cv-00894, FTC File No. 0923147 15-May-2009 www.mortgagedaily.com/Modifications052109.asp

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