Monday, March 23, 2009

Florida AG Files Civil Charges Against Orlando-Area Loan Modification Firm; Accused Of Taking Upront Fees, Deceptive & Unfair Advertising Practices

From the Office of the Florida Attorney General:

  • Attorney General Bill McCollum [Tuesday] announced that his office has filed a lawsuit against a Central Florida company for allegedly charging up-front fees for loan modification services to homeowners facing foreclosure. According to the lawsuit, Winberg, Lopez, & Rodriguez Company, also known as Wineberg, Lopez & Rodriguez, P.A., and its owners are in violation of Florida’s new Foreclosure Rescue Fraud Prevention law.(1) The company has offices in Orlando, Winter Garden and St Petersburg and advertises using numerous websites.

  • An investigation conducted by the Attorney General’s Economic Crimes Division revealed that Winberg, Lopez, & Rodriguez allegedly charged as much as $1,995 up-front to homeowners seeking loan modification services related to foreclosures. The lawsuit also alleges other deceptive and unfair trade practices including issues relating to the company’s advertising practices.

For the Florida AG's press release, see Orlando Company Sued for Violations of Foreclosure Rescue Fraud Prevention Law.

For the Florida AG's lawsuit, see State of Florida v. Winberg, Lopez, & Rodriguez Company, et al.

(1) Other defendants named are Freddy W. Lopez, Sr., and William R. Rodriguez, Jr. They face civil charges of violating:

  • Chapter 501, Part II, Florida Deceptive and Unfair Trade Practices Act, Fla. Statutes (2008),
  • §501.1377(3)(b), Florida Statutes, (2008), Violations Involving Homeowners during the Course of Residential Foreclosure Proceedings; and
  • §865.09(3), Florida Statutes (2008), Fictitious Name Act.

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