Florida AG's Assault On Upfront Fee Loan Modification Firms Continues; Accuses Group Of Violating UPL, Foreclosure Rescue Fraud Statutes In Civil Suit

From the Office of the Florida Attorney General:

• Attorney General Bill McCollum today announced that his office has obtained an injunction against a South Florida loan modification company and its owner to freeze the company’s assets until a lawsuit filed against the company could be heard in court. Miami-based Mortgage Crisis Solutions Association, LLC and owner Donald Gillette are accused of charging homeowners in foreclosure up-front fees as high as $2,995 for loan modification services, but never providing the services. Additionally, the lawsuit alleges Gillette and his company improperly advertised legal services and counsel.

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• The lawsuit alleges multiple violations of the Foreclosure Rescue Fraud Prevention Act and the Florida Deceptive and Unfair Trade Practices Act. Full victim restitution has also been requested.(1) A copy of the lawsuit has been served on Gillette and his employee, Flynn McCarthy.

For the entire Florida AG press release, see Attorney General Files Injunction to Freeze Assets of South Florida Loan Modification Company.

For more from the Florida AG's office:

• Lawsuit - State of Florida v. Gillette, et al.,
• Memorandum of Law in Support of Emergency Injunction Request,
• Go here to file a consumer complaint against these companies with the Florida AG's office.

(1) The lawsuit also accuses the group of engaging in the unauthorized practice of law. See lawsuit - paragraph 27. A related company, Property Solutions Specialists, Inc., is also named in the lawsuit and allegedly guaranteed to make available all laws applicable to the homeowners’ situation to better assist them with the defense against foreclosure, even though the company is not a legal services entity. Also named as defendants are One Source Communications, Inc. and Nationwide Financial Partners, Inc.UnauthPractOfLawTheta