Skip to main content

Ohio Attorney General sues three foreclosure rescue companies

Sep 17, 2010

Ohio Attorney General Richard Cordray has filed three new lawsuits against foreclosure rescue operations for bilking Ohioans out of tens of thousands of dollars. In the lawsuits, Cordray is seeking to shut down these outfits in Ohio with full restitution to homeowners. “In each case, the rescue operations charged ridiculously high fees to assist homeowners who were at risk of losing their homes,” said Cordray. “In the end, homeowners got no help and ended up in deeper mortgage trouble. No Ohioan should ever pay for foreclosure assistance, and we have legitimate housing counselors who help you for free if you call Save the Dream at 1-888-404-4674.” In Franklin County Common Pleas Court, Cordray filed suits against National Homeownership Assistance Foundation Ltd. (NHAF), located in Worthington, and Stephens Investment & Financial Services d/b/a Lifeline Financial Legal Home Solutions, located in Fort Lauderdale, Fla. Cordray accuses NHAF and its managing partner, Casimir S. Suwinski of Delaware, its general manager, Casimir S. Suwinski Jr. of New Albany, and its president, Arden Banks of Grove City, of charging homeowners on average $2,500 for foreclosure prevention services, such as securing loan modifications from mortgage servicers, and then not providing the service. The operation is accused of taking more than $59,000 from Ohioans. In the case against Lifeline, Cordray accuses the operation of claiming that it could “reduce your payments up to 10-50 percent,” or “lower your interest rate.” After charging thousands of dollars, the company failed to deliver the service. Lifeline also misled consumers by misrepresenting its legal expertise and the availability of legal services, including “retained legal experts.” Additionally, Cordray filed a suit in Stark County Common Pleas Court against 1st American Law Center Inc. based in Oceanside, Cal. In the filing, 1st American is accused of charging homeowners as much as $4,000 for foreclosure prevention assistance services such as negotiating loans and accepting payment for these services without delivering on its promises. All three foreclosure rescue operations have been charged with multiple violations of Ohio law, including failure to deliver, misrepresentation and unfair or deceptive acts or practices. Cordray is seeking civil penalties from each of the companies in addition to full restitution for consumers. Further at Cordray’s request, the court has ordered an attachment of NHAF’s assets, pending resolution of the case. With these lawsuits, Cordray has taken formal legal action against 14 foreclosure rescue scam operations targeting Ohioans since he took office in January 2009. The lawsuits are part of a broader effort to hold companies accountable for violating Ohio law in the wake of the foreclosure crisis. Cordray also has sued three mortgage servicers for unfair or deceptive loan modification practices. The lawsuits against Carrington Mortgage Services, American Home Mortgage Servicing Inc. and Barclays Capital Real Estate d/b/a HomEq Servicing for violations of Ohio’s Consumer Sales Practices Act introduce an unprecedented legal strategy into the fight against foreclosure. For more information, visit www.OhioAttorneyGeneral.gov.
About the author
Published
Sep 17, 2010
Mortgage Servicers Added To Junk-Fee Naughty List

New release from CFPB lays out areas of improvement, and concern, for mortgage servicers.

In Wake Of NAR Settlement, Dual Licensing Carries RESPA, Steering Risks

With the NAR settlement pending approval, lenders hot to hire buyers' agents ought to closely consider all the risks.

A California CRA Law Undercuts Itself

Who pays when compliance costs increase? Borrowers.

CFPB Weighs Title Insurance Changes

The agency considers a proposal that would prevent home lenders from passing on title insurance costs to home buyers.

Fannie Mae Weeds Out "Prohibited or Subjective" Appraisal Language

The overall occurrence rate for these violations has gone down, Fannie Mae reports.

Arizona Bans NTRAPS, Following Other States

ALTA on a war path to ban the "predatory practice of filing unfair real estate fee agreements in property records."