Cox Charges Five for Foreclosure Rescue Fraud

LANSING, MI - July 15, 2009 - (RealEstateRama) — Attorney General Mike Cox today announced that his office has filed 18 charges against four companies and one individual for committing foreclosure rescue fraud. Cox also issued warnings to 17 companies regarding complaints from residents about their practices. Michigan law prohibits “foreclosure rescue” companies, which provide foreclosure advice, from making misleading or false statements, or charging service fees before any service is completed.

“Preying on residents in the process of losing their homes is not only shameful, it’s illegal,” said Cox. “Today we are sending a message that mortgage rescue fraud will not be tolerated.”
The charges resulted from the Attorney General’s office conducting undercover operations based on complaints from homeowners and include one count of unauthorized use of the Great Seal of the State of Michigan and 17 counts of violating Michigan’s Credit Services Act (CSA). The CSA prohibits charging fees before completing services when seeking to negotiate a loan on behalf of a homeowner. The Credit Services Act carries a maximum penalty of 90 days in jail and/or $1,000 fine, and allows the Attorney General’s office to seek restitution for affected consumers.
Misleading or false statements made by the companies included guarantees to prevent foreclosure and assertions consumers could avoid foreclosure regardless of their credit score, home appraisal, or debt to income ratio. Victims were charged between $595 and $3,000.
Those charged include:

Save My Home USA of Madison Heights
o Four counts of violating the CSA (43rd District Court, Oakland

County)
o Charged victims between $595 and $2,000 before completion of

services and advised consumers not to communicate with their

mortgage company.

Help4homeowners of Birmingham
o Three counts of violating the CSA (48th District Court, Oakland

County)
o Falsely claimed a 97% success rate, charged before completion

of services, and its employee admitted they had no loan training.
Payment Doctors of Livonia

o Two counts of violating the CSA (48th District Court, Oakland

County)
o Made false claims and charged before completion of services.

Michigan Economic Reinstatement Program (MERP) of Livonia and

owner Mark Alan Aloe of Farmington Hills
o Four counts of violating the CSA and one count of unauthorized

use of the Great Seal of the State of Michigan (47th District

Court, Oakland County)
o Charged victims between $360 and $3,000 before completion of

services, made false claims, and used business cards with state

seal but did not work for the State of Michigan. Aloe faces 90

days in jail and/or a $1,000 fine.

Attorney General Cox also sent letters to 17 other companies warning that their practices may be in violation of state law and requested more information about their business:

1. AFS Loan Modification Corp, Redondo Beach, CA
2. Apply 2 Save, Inc./Apply2Save, Coeur D’Alene, ID
3. Elect Group LLC, Deerfield Beach, FL
4. Equity Recovery Services, Towsen, MD
5. Federal Home Savers, Comniack, NY
6. Financial Solution Center, Corona, CA
7. Fresh Start Home Modification, Woodbury Heights, NJ
8. Fresh Start Program/Fresh Start Mortgage Assistance, Fresh Start Mortgage Solutions, Mortgage Assistance Solutions, Clearwater, FL
9. Hope Now Modifications, LLC, Cherry Hill Twp., NJ
10. IMC Financial, Clearwater, FL
11. Kirkland Young LLC, Miami Beach, FL
12. National Home Loan Assistance Program, San Diego, CA
13. New Hope Loan Modification, Bellmawr, NJ
14. Oceanview Investments, Oceanview Investment Services Corp.,

Fort Lauderdale, FL
15. Peoples First Financial, San Diego, CA
16. Pope & Associates Mortgage, Ontario, CA
17. Savemtg.com, Galthersburg, MD

Cox urged consumers who may have been victims of any of these companies to contact the Attorney General’s office. He reminds consumers of four quick tips in order to help avoid foreclosure rescue fraud:
1. When seeking help with foreclosure, homeowners can find free

help by calling the Michigan State Housing Development

Authority at 866-946-7432.
2. Homeowners are not required to pay to speak with their lender or

servicer.
3. Never pay up front for help with negotiating your loan or working

with your servicer.
4. If you believe you may be a victim or mortgage fraud or

foreclosure rescue fraud, call the Attorney General’s office toll-

free at 877-765-8388.

Attorney General Mike Cox has made prosecuting mortgage fraud a priority for his office. In 2008, Cox created a mortgage fraud unit and teamed up with the Michigan State Police and other law enforcement agencies to tackle the problem. In the last six months alone, Cox has charged one dozen people with mortgage fraud-related offenses. Cox’s office has held seven mortgage foreclosure forums to help families stay in their homes during these difficult times.
The defendants are being notified today and are expected to be arrested or turn themselves in shortly.
A criminal charge is merely an accusation and the defendants are presumed innocent unless proven guilty.

Contact: John Sellek or Matt Frendewey 517-373-8060

Tagged as: CSA

 

 

 

 

Top Authors

USGBC - U.S. Green Building Council

HUD - U.S. Department of Housing and Urban Development

NAR - National Association of REALTOR

RealtyTrac

FHFA - Federal Housing Finance Agency

Freddie Mac

MBA - Mortgage Bankers Association