November 24, 2009
LANSING -
Attorney General Mike Cox today announced the filing of three criminal
complaints and a total of 10 charges against illegal advanced fee "foreclosure
rescue" operations accused of defrauding Michigan families of thousands of
dollars.
Global
Financial Consulting Services of Dearborn Heights, Advanced Mediation Services
of Midland and James Klein of Midland are accused of illegally charging
homeowners facing foreclosure upfront fees for mortgage modification
assistance. The defendants claimed they would help homeowners by working with
their lenders in an attempt to modify the borrower's mortgage. After paying the
upfront fee, borrowers found that the companies could not secure a modification
and were subsequently unable to get their money back.
"These
companies took advantage of Michigan families trying to hold onto the American
dream," said Cox.
Global
Financial Consulting Services faces four criminal counts including two counts of
charging upfront fees before services were rendered, a violation of the Credit
Services Protection Act, and two counts of making misleading statements.
Advanced
Mediation Services and James Klein each face two counts of charging upfront fees
before services were rendered, a violation of the Credit Services Protection
Act, and one count of making misleading statements. Each of the charges carries
a penalty of up to 90 days in jail and/or a fine of $1,000 in addition to the
requirement that the companies make full restitution to each of their victims
Cox urges any
consumers who paid fees to Global Financial Consulting Services, Advanced
Mediation, James Klein, or any other mortgage modification company for services
that were not provided, to contact the Attorney General's Consumer Protection
Division at (877) 765-8388 or online at
www.Michigan.gov/ag.
Cox reminds
homeowners they can find foreclosure information on his website at
www.Michigan.gov/avoidforeclosure. The website includes contact information
for government agencies and debt counselors, and also offers tips for those
facing foreclosure, including:
· Homeowners
are never required to pay to speak with their lender or servicer.
· Homeowners
do not need to pay for outside assistance. Free assistance with foreclosure
issues can be found by calling the Michigan State Housing Development Authority
at (866) 946-7432.
· If
you do hire outside assistance, never pay up front for help with negotiating
your loan or working
with your servicer.
Attorney
General Cox has made prosecuting mortgage fraud a priority for his office. In
2008, Cox created a mortgage fraud unit, teaming with the Michigan State Police
and other law enforcement agencies to tackle consumers' complaints. Cox's
office has charged 24 people or companies with a mortgage fraud-related offense
in the last 12 months alone. Cox's office also conducted several mortgage
foreclosure forums to help families stay in their homes during these difficult
times.
In addition
to today's charges, Cox announced that he has partnered with the Federal Trade
Commission and delivered Notices of Intended Action (NIAs) to 13 out-of-state
companies accused of illegally demanding upfront fees from Michigan consumers
for loan modification services.
If the
targeted companies fail to contact the Attorney General's Office to create a
plan to provide restitution to Michigan consumers, the Attorney General may file
a civil suit against them in order to recover damages.
The companies
receiving NIA warnings from Cox today include 1 Global Financial, Inc., of Fort
Lauderdale, FL; 21st Century Legal Services and Fidelity National Legal Service,
of Rancho Cucamonga, CA; Best Interest Rate Mortgage, of Westmont, NJ; Echo
Loans & Financial Solutions, of Foothill Ranch, CA; Elect Group LLC, of Oakland
Park, FL; Federal Home Savers, of Commack, NY; Fresh Start Home Modification, of
Woodbury Heights, NJ; Hope N Housing, of Norwalk, VA; IMC Financial, of
Clearwater, FL; Lifeguard Financial, of Fort Lauderdale, FL; National
Modification Corp., of Hauppauge, NY; North American Relief, LLC, of Costa Mesa,
CA; and Peoples First Financial Inc., of San Diego, CA.
A criminal charge is merely an accusation, and the defendant is
presumed innocent until and unless proven guilty.
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