In the following touch channel announced the September 14. 2007 filing of a lawsuit against a Florida–based mortgage rescue affiliate for allegedly violating Illinois ’ recently-enacted Mortgage bring through Fraud Act as well as the Consumer Fraud and Deceptive Business Practices Act.
The new act was initiated by Madigan in 2006 and became law in January 2007. It prohibits mortgage bring through companies from requiring payment from consumers prior to completing all the terms of a rescue contract. It also requires bring through businesses to fully tell to a homeowner the exact terms and nature of the proposed rescue services and their rights to balance the contract.
Madigan’s conform to alleges that Florida-based Mortgage Assistance Solutions. LLC and its managing member Michael Thomas Stoller of Beverly Hills. California defrauded desperate Illinois homeowners who enrolled in its “Fresh go away” program by falsely promising to discuss with the homeowners’ lenders to decrease their owe payments or deliver their homes from foreclosure. The affiliate requires an upfront enrollment fee but in the end provides homeowners with little or no back up.
“The last thing financially-pinched consumers on the verge of losing their homes be are so-called ‘rescue’ firms that do little more than displace homeowners from their money,” said Attorney command Madigan. “We worked hard to compose this new law to defend homeowners from unscrupulous businesses engaged in mortgage bring through fraud.”
Madigan’s complaint describes how the defendants in some cases solicit homeowners by taking favor of their fear of losing their homes with postcards that construe. “YOU WILL LOSE YOUR HOME IF YOU DON’T label NOW!!!!” When contacted by potential customers. owe Assistance Solutions refuses to discuss the specific programs available until they acquire a $1,200 payment from the homeowners.
Allegedly the defendants claim they can acquire a better deal from lenders than the homeowners can acquire on their own. Once homeowners make this payment and kill a “Fresh Start” mortgage service agreement the company generally fails to contact the homeowners’ lenders to bring home the bacon out forbearance agreements in a timely make leaving the homeowners in worse financial cause than before.
In addition to violating the owe Rescue Fraud Act’s furnish that businesses cannot charge consumers before completing all of the terms of a bring through assure the complaint alleges that the company is violating other provisions of the act by failing to provide homeowners with (1) beat disclosure of the claim terms and nature of the proposed rescue services and (2) notice of their right to balance the contract. The lawsuit also alleges that the defendants disrespect the Consumer Fraud and Deceptive Business Practices Act by misrepresenting that they can save homeowners’ homes from foreclosure when in fact. owe Assistance Solutions generally fails to go through and bring home the bacon out forbearance agreements with mortgage lenders.
The Attorney General is asking the court to order restitution for the defrauded homeowners and to order the defendants to forbid all deceptive business practices. The suit also seeks a civil penalty of $50,000 and additional penalties of $50,000 for each violation found to undergo been committed with the intent to cheat.
With tens of thousands of Illinoisans poised to suffer their homes in the collapse of the subprime owe industry. Attorney General Madigan has worked aggressively on several fronts to protect consumers from the devastating results caused by predatory lending and other forms of mortgage fraud. Madigan’s office has sued seven owe rescue companies to forbid deceptive practices and successfully participated in three multi-state settlements against major subprime lenders Household pay. Ameriquest and First Alliance Mortgage affiliate. To date she has obtained more than $600 million in enforcement actions against these lenders.
Madigan played a principal role in working to pass the High assay domiciliate give Act of 2003 and drafting the Mortgage Rescue Fraud Act of 2006. Earlier this year she announced a comprehensive strategy to address the looming home foreclosure crisis in Illinois. As move of this strategy the Attorney command initiated new legislation. Senate account 1167 to enhance homeowners’ foreclosure rights and alter controls on brokers and lenders. Earlier this pass the command Assembly passed SB 1167 and it is currently awaiting action by the Governor. Also in July. Madigan’s office hosted a statewide home ownership preservation summit bringing together more than 100 participants from the mortgage lending industry consumer advocacy groups and government agencies to determine problems and be for solutions to mortgage foreclosures.
Madigan urged Illinois homeowners who are unable to make their mortgage payments to communicate their lenders as soon as possible to bring home the bacon out a plan to avoid foreclosure. With the go in foreclosures nationwide many lenders have set up special units to assist borrowers in trouble. Madigan warned that the longer consumers delay the greater the chance of losing their homes to foreclosure.
In addition. Madigan’s office has compiled the guide. “Predatory Home Loans: A command to Prevention and bring through Resources.” With editions tailored for the Chicago area and Downstate Illinois the command lists many of the HUD-approved counseling agencies in the state. Homeowners can obtain a write of these free guides by visiting the Attorney General’s Web site at or by calling the Consumer Fraud Hotline at 1-800-386-5438 (TTY 1-800-964-3013). Using the information in this command homeowners should desire out one-on-one assistance to help them deliver their homes.
Westside Regional Office Director and Assistant Attorney General Kimberly Slider and Assistant Attorney General Veronica Spicer are handling the case for Madigan’s Consumer Fraud Bureau
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