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03/23/09 - 01:10 PM
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Tallahassee, Fla:
Attorney General Bill McCollum today filed a lawsuit against a Miami company and its owner alleging the company is engaged in foreclosure rescue fraud. According to the lawsuit, Lincoln Lending Services, LLC targeted Hispanics facing foreclosure and charged up-front fees for loan modification services, both in violation of the Foreclosure Rescue Fraud Prevention Act.
“Our citizens should not be targeted when they are in a time of financial distress and are desperately trying to protect their homes,” said Attorney General McCollum.
According to consumer complaints, Lincoln Lending advertised for mortgage foreclosure assistance and rescue services. The complaint alleges that to get around the statutory prohibition against up front charges, the company would have consumers pay $2,700 for “forensic analysis” services, then sign a contract for alleged modification services. The forensic analysis fee was allegedly created to circumvent the new law, which the Attorney General helped create last year. Lincoln’s business of offering legal services, directly or indirectly, constitutes the unauthorized practice of law and violates FS 877.02(1).
The Attorney General’s Economic Crimes Division determined Lincoln Lending also forwards consumers to an attorney working under the business names of Florida Foreclosure Law Center, LLC and Florida Homeowner Assistance Center, LLC.
The lawsuit petitions the Court to issue a temporary injunction against the company while litigation continues. It also seeks consumer restitution and ultimately a permanent injunction prohibiting the company and its owner, Rita Gomez, from engaging in similar business practices.
A copy of the lawsuit is available online at: http://myfloridalegal.com/webfiles.nsf/WF/MRAY-7QEMHK/$file/LincolnLending.pdf
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I paid $2, 000 to a loan mod company based in Miami for my mortgage, and its been 18 months and still nothing! You can simply write a letter to the bank yourself and you might results too without spending all that money. I have a friend that got a forensic loan audit like these guys http://www.loandoctorsfl.com and they used that to modify their loan WITHOUT the loan mod companies. I wish I did that.