Florida Mortgage Fraud - The Law
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Click on a company to see a brief
description of allegations.
21st Century Legal Services, Inc.
Angelo R. Mozilo
FHA All Day.Com, Inc./Daniel
Fox/The Hall Firm/Housing
Assistance Inc/Housing Assistance
Now/Housing Assistance Law
Center/Safety Financial
First Capital Group, Inc.
FMA Servicing Inc., a/k/a Financial
Management Advisors, a/k/a
www.fmafinancial.com, and a/k/a
Financial Management Services
Foreclosure Services of America,
Inc. d/b/a Fix The Foreclosure, Inc.
a/k/a American Housing Counsel
JPB Consulting, Inc. a/k/a Mortgage
Modification Solutions
Keep Your Property, Inc., William R.
Colon, Carlos A. Hernandez
Kirkland Young, L.L.C.
Law & Associates, LLC, Thomas E.
Law II
Mortgage Crisis Solutions
Association, LLC Property Solutions
Specialists, Inc.
NATIONAL FORECLOSURE
COUNSELING SERVICES CORP
National Foreclosure Management,
Inc.
NATIONAL PAYMENT
MODIFICATION COMPANY, a
Florida corporation; THE
BOSTONIAN GROUP, LLC., f/k/a
THE BOSTONIAN GROUP, INC.,
d/b/a PEOPLE’S FIRST, and
WILLIAM RODRIGUEZ, JR., an
individual,
Outreach Housing, LLC United
Home Front, LLC Blair L. Wright, and
Bryan E. Berry
Quality Florida Group, Corporation
Three Angels Community Action
Network, Inc. a/k/a 3ACN
Victor Lopez & Associates,Inc.
WINBERG, LOPEZ, & RODRIGUEZ
COMPANY, a/k/a WINEBERG,
LOPEZ & RODRIGUEZ, P.A., an
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The Law
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In 2008 the legislature enacted a new law at the urging of the Attorney General to help in the fight against
specifically address foreclosure rescue businesses and their potentially abusive mortgage fraud.
practices.
Download complaint form:
The law prohibits businesses or individuals from collecting up-front fees from the English
homeowner prior to completing all services contained in the contract. This includes Español
foreclosure rescue services or loan modification services related to foreclosures.
The law also requires that a written contract must be executed by both parties Distressed Homeowners
before the consultant can initiate services. The contract must contain specific Resources available
terms and conditions, a specific notice of the homeowner’s right to cancel and Collection of helpful agencies.
other disclosures.
Clerk of Courts
Find your local Clerk of Court.
The law applies to all businesses located within the state and to out-of-state
Banking and Insurance
businesses that provide services to Florida consumers. Presentation
January 11th, 2011 presentation to
The law further regulates businesses or individuals who perform foreclosure the Senate Banking and Insurance
Committee.
related rescue transactions. These transactions involve the actual purchase of the
property facing foreclosure, leasing back the property to the original owner, and
giving the owner the right to repurchase the property after a period of time. The law Press Releases
requires a written agreement before instrument transferring title can be given to December 4, 2010
Attorney General Hosts Central
homeowner to sign, requires a notice on the cover page of the written agreement
Florida Community Forum on
of the consumer’s right to cancel and requires that the purchaser verify the Housing Issues
homeowner’s ability to make the payments required to repurchase the home. If the March 9, 2010
homeowner's monthly payments for primary housing expenses and regular Attorney General Announces
Florida's Biggest Lenders Will
monthly principal and interest payments on other personal debt do not exceed 60
Participate in Upcoming
percent of the homeowner's monthly gross income, there is a presumption there is Community Forum
the ability to pay. The law also provides that the repurchase price cannot be
February 4, 2010
unconscionable. There is a presumption that price is unconscionable if it exceeds California Company Sued for
25 to 30 % of actual costs incurred by the purchaser. Foreclosure Rescue Fraud
Read the full text of the new law provided by the Florida Statutes listed below:
F.S. 501.1377
Violations involving homeowners during the course of residential foreclosure
proceedings.
F.S. 501.212
Application of the law
UPDATE: Beginning January 1, 2010, any individual or company that provides
loan modification services must have an active license from the Florida Office of
Financial Regulation. This new provision further enhances the Foreclosure Rescue
Fraud Prevention Act, which prohibits individuals and businesses from collecting
up-front fees for loan modification services related to foreclosures.
3/16/2011
Florida Mortgage Fraud - The Law Page 2 of 2

unregistered fictitious name;

WILLIAM R. RODRIGUEZ, JR., an
individual; and FREDDY W. LOPEZ,
SR., an individual

Assurity Financial Services, LLC;

Calvin B. Hamler; and Troy P.
Hamler

address: Attorney General of Florida

The Capitol, PL-01
Tallahassee, FL 32399
phone: (850) 414-3990
website: www.myfloridalegal.com
online: Contact Form
news: Weekly Newsletter

Fraud Hotline
1-866-966-7226

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http://www.myfloridalegal.com/mfraud.nsf/pages/Law 3/16/2011