FRAUD with a capital F!
Complaint
Lisa Franklin
Country: United States
Come on people, telling you all of this so you know you rights and hopefully you won't get scammed as I did and have to take them to court.
First off, if you did get scammed and if you case is anything like mine then it is FRAUD! The state of limitations for Fraud is 6 years (at least here in Wisconsin). If they are telling you that you are past the statute of limitations to sue, you probably aren't!
Fraud revolves around a purposeful misrepresentation of fact, and the basic difference between criminal fraud and civil fraud lies in who is pursuing legal action in the case. A single act of fraud can be prosecuted as a criminal fraud by prosecutors, and also as a civil action by the party that was the victim of the misrepresentation.
Whether criminal or civil, fraud generally has several legal elements, including the following:
• Misrepresentation of a material fact
• Knowledge on the part of the accused that they were misrepresenting the fact
• The misrepresentation was made purposefully, with the intent of fooling the victim
• The victim believed the misrepresentation and relied upon it
• The victim suffered damages as a result of the misrepresentation
By contrast, a civil fraud case is brought to court by the person who was defrauded, who needs to prove that the defendant materially misrepresented the fact, that the fact was false and they knew that it was false, that they did so with the intention of getting the victim to act on the misrepresentation and that the victim acted reasonably in believing the misrepresentation. In addition to all of these elements, the victim needs to show that they suffered a damage as a result of the misrepresentation. The biggest difference between a civil fraud case and a criminal case, beyond who is pursuing it, is that actual damage needs to have occurred in a civil case.
The goal of pursuing both a criminal fraud case and a civil fraud case is to get justice and punish the wrongdoer, but the punishments that result from a guilty verdict are very different. In the case of criminal fraud, the accused faces the possibility of incarceration or probation, as well as of having to pay fines and possibly make restitution to any victims that may have been damaged. In a civil fraud case, the punishment sought is generally compensation for the damage that was suffered by the victim.
*********Have you people looked online at the FEDERAL TRADE COMMISSION: Mortgage Assistance Relief Services Rule: A Compliance Guide for Business
(See link below):
https://www.ftc.gov/tips-advice/business-cent ... ompliance-guide
Homeowners facing foreclosure are often desperate for a way to hold on to their homes. Some companies claim they can help fight off foreclosure by negotiating new mortgage terms with lenders or servicers. The Federal Trade Commission (FTC), the nation's consumer protection agency, has issued a Rule to curb unfair and deceptive practices associated with mortgage assistance relief services. If you offer mortgage assistance relief services – or work with companies that do – it's wise to know about the provisions of the Mortgage Assistance Relief Services (MARS) Rule.
******IT'S ILLEGAL TO CHARGE UPFRONT FEES: You can't collect money from a customer unless you deliver – and the customer agrees to – a written offer of mortgage relief from the customer's lender or servicer.
******You must clearly and prominently disclose certain information before you sign people up for your services. ******You must tell them upfront key information about your services, including: THE TOTAL COST, that they can stop using your services at any time, that you're not associated with the government or their lender, and that their lender may not agree to change the terms of their mortgage.
******IF YOU ADVISE SOMEONE NOT TO PAY HIS OR HER MORTGAGE,you must clearly and prominently disclose the negative consequences that could result. You must warn customers that failure to pay could result in the loss of their home or damage to their credit rating.
******DON'T ADVISE CUSTOMERS TO STOP COMMUNICATING WITH THEIR LENDER OR SERVICER. Under the Rule, it's illegal to tell people they shouldn't communicate with their lender or servicer.
******You must disclose key information to your customer if you forward an offer of mortgage relief from a lender or servicer. You must give your customer a written notice from the lender or servicer describing all material differences between the terms of the offer and the customer's current loan. You also have to tell your customer that if the lender or servicer's offer isn't acceptable to them, THEY DON'T HAVE TO PAY YOUR FEE.
(I was never told they had a fee - the Homeowner's Protection Alliance kept saying they are non profit and I was told the money being wire to Roosevelt Law Firm was to be payment on my mortgage!!! - What a dumbass I was, my only excuse was that I was very ill.)
******Don't misrepresent your services. Under the Rule, IT'S ILLEGAL TO MAKE CLAIMS THAT ARE FALSE, MISLEADING, OR UNSUBSTANTIATED.
Bona fide non-profit organizations aren't covered, but the Rule APPLIES to companies that falsely claim non-profit status.
The Rule defines "mortgage assistance relief service" as a service, plan, or program that is represented, expressly or by implication, to help homeowners prevent or postpone foreclosure or help them get other kinds of relief, like loan modifications, forbearance agreements, short sales, deeds-in-lieu of foreclosure, or extensions of time to cure defaults or reinstate loans. The Rule applies whether you work directly with consumers' lenders or servicers to get mortgage relief or you offer services to help consumers do it on their own (for example, by conducting a "forensic audit" or other review of consumers' loan documents).
Disclosures you must make in communications with prospective customers
The Rule requires additional disclosures in any "consumer-specific commercial communication" – that is, a letter, phone call, email, text, or the like, directed at a specific person you're soliciting for your service. In every communication you have with prospective customers, the Rule requires that you clearly and prominently disclose three key facts, in these words:
1) "You may stop doing business with us at any time. You may accept or reject the offer of mortgage assistance we obtain from your lender [or servicer]. If you reject the offer, you do not have to pay us. If you accept the offer, you will have to pay us [insert amount or method for calculating the amount] for our services."
2) "[Name of your company] is not associated with the government, and our service is not approved by the government or your lender;" and
3) "Even if you accept this offer and use our service, your lender may not agree to change your loan."
The three disclosures must be presented together. The Rule has specific requirements for presenting these disclosures to prospective customers.
(HPA and Roosevelt Law Firm failed to do number 1) above.
(HPA reels you in then passes you off to Roosevelt Law Firm who collects the money!) How much does Roosevelt pay HPA for the referrals? or are the HPA people all "employed" by Roosevelt? What a SCAM! Think about it, if HPA says there is no charge for their services to you how do you think they get paid and make a living? They ask: "Do you have the money to pay the mortgage this month? Oh you do? Well great, Wire the money to this address (which is for Roosevelt's account.) I didn't deal with Roosevelt regarding the payments even though it was sent to them. Homeowners Protection Alliance is a scam working with Roosevelt Law Firm!
How does the Rule apply to businesses in the mortgage industry?
Attorneys. The Rule has special provisions for attorneys who provide mortgage assistance relief services. Read Mortgage Assistance Relief Services Rule: A Compliance Guide for Lawyers to find out more. Having an attorney on your staff or using outside attorneys to perform some of your services doesn't exempt you from the Rule. Nor does having an attorney place fees in a client trust account, by itself, allow you to collect fees in advance.
How Do Truth-In-Advertising Principles Apply To Claims We Make About Our Services?
Under the Rule, it's illegal to misrepresent, either expressly or by implication, any "material aspect" of your services. That includes any information that's likely to affect a consumer's decision to use your service or choose one service over another. Here are some examples of claims that would be material:
-- the likelihood of negotiating, getting, or arranging a specific form of mortgage relief;
-- how long it will take to get the advertised mortgage relief;
-- an affiliation with the government, public programs, or lenders or servicers;
-- the terms and conditions of homeowners' mortgages, including how much they currently have to pay;
-- your refund and cancellation policies;
-- whether homeowners will be getting legal services;
-- the benefits and costs of using alternatives to for-profit MARS providers;
-- the amount homeowners may save if they use your service;
-- the total cost of your service; and
-- the terms, conditions, or limitations of a lender or servicer's offer of mortgage relief, including how much time the homeowner has to accept the offer.
Beyond requiring that your claims are truthful, the Rule makes it ILLEGAL TO TELL A CUSTOMER or potential customer TO STOP COMMUNICATING WITH THEIR LENDER OR SERVICER. *****(YES, THEY DID THIS ONE TO ME, told me they were taking over, don't take calls or communicate with my lender!)*****
Also, told me if I was working with them I couldn't have my house up for sale -- I believed them then :[
LOOK AT THIS PEOPLE! HAVE YOU BEEN SCAMMED LIKE I HAVE?
When Can I Collect My Fee?
The Rule says you can't collect any fee from a customer until you've met three requirements:
1) You get an offer of mortgage relief from your customer's lender or servicer. You must have persuaded your customer's lender or servicer to reduce, modify, or otherwise change the terms of the customer's mortgage loan;
You give your customer the written offer. You must provide your customer with a written agreement from the lender or servicer to reduce, modify, or otherwise change the terms of the customer's mortgage loan; and
2) Your customer accepts the written offer. The customer's acceptance must be in the form of an executed written agreement with the lender or servicer that incorporates the changes to the terms of his or her mortgage loan.
3) You can't collect any fees for intermediate steps you take as part of the process. For example, it would be illegal to charge separately for:
-- conducting an initial consultation with a customer;
-- reviewing or auditing a customer's mortgage or foreclosure documents to detect errors, including robosigning or title problems;
-- gathering financial or other information from a customer;
-- sending an application for mortgage relief or any other request to a customer's lender or servicer;
-- communicating with a lender or servicer on a customer's behalf; or
-- responding to requests for information from a customer's lender or servicer.
i was trying to get a loan modification, they collected over 5K from me and I never got a loan modification.
ILLEGAL AND FRAUD.
And then just today called the Homeowner Protection Alliance (HPA):
Call Us: (866)-211-1793
Website: http://hpahelp.com
Was told Roosevelt Law Office (Craig) was going to call me back this afternoon. 10 minutes went by and someone from HPA calls me back. Scam. Tries to bring up something in my past (OWI tickets) like that has ANY RELEVANCE AT ALL regarding my upcoming lawsuit against them. Also kept trying to tell me I am over the statue of limitations (he said 2 years) but for FRAUD
First off, if you did get scammed and if you case is anything like mine then it is FRAUD! The state of limitations for Fraud is 6 years (at least here in Wisconsin). If they are telling you that you are past the statute of limitations to sue, you probably aren't!
Fraud revolves around a purposeful misrepresentation of fact, and the basic difference between criminal fraud and civil fraud lies in who is pursuing legal action in the case. A single act of fraud can be prosecuted as a criminal fraud by prosecutors, and also as a civil action by the party that was the victim of the misrepresentation.
Whether criminal or civil, fraud generally has several legal elements, including the following:
• Misrepresentation of a material fact
• Knowledge on the part of the accused that they were misrepresenting the fact
• The misrepresentation was made purposefully, with the intent of fooling the victim
• The victim believed the misrepresentation and relied upon it
• The victim suffered damages as a result of the misrepresentation
By contrast, a civil fraud case is brought to court by the person who was defrauded, who needs to prove that the defendant materially misrepresented the fact, that the fact was false and they knew that it was false, that they did so with the intention of getting the victim to act on the misrepresentation and that the victim acted reasonably in believing the misrepresentation. In addition to all of these elements, the victim needs to show that they suffered a damage as a result of the misrepresentation. The biggest difference between a civil fraud case and a criminal case, beyond who is pursuing it, is that actual damage needs to have occurred in a civil case.
The goal of pursuing both a criminal fraud case and a civil fraud case is to get justice and punish the wrongdoer, but the punishments that result from a guilty verdict are very different. In the case of criminal fraud, the accused faces the possibility of incarceration or probation, as well as of having to pay fines and possibly make restitution to any victims that may have been damaged. In a civil fraud case, the punishment sought is generally compensation for the damage that was suffered by the victim.
*********Have you people looked online at the FEDERAL TRADE COMMISSION: Mortgage Assistance Relief Services Rule: A Compliance Guide for Business
(See link below):
https://www.ftc.gov/tips-advice/business-cent ... ompliance-guide
Homeowners facing foreclosure are often desperate for a way to hold on to their homes. Some companies claim they can help fight off foreclosure by negotiating new mortgage terms with lenders or servicers. The Federal Trade Commission (FTC), the nation's consumer protection agency, has issued a Rule to curb unfair and deceptive practices associated with mortgage assistance relief services. If you offer mortgage assistance relief services – or work with companies that do – it's wise to know about the provisions of the Mortgage Assistance Relief Services (MARS) Rule.
******IT'S ILLEGAL TO CHARGE UPFRONT FEES: You can't collect money from a customer unless you deliver – and the customer agrees to – a written offer of mortgage relief from the customer's lender or servicer.
******You must clearly and prominently disclose certain information before you sign people up for your services. ******You must tell them upfront key information about your services, including: THE TOTAL COST, that they can stop using your services at any time, that you're not associated with the government or their lender, and that their lender may not agree to change the terms of their mortgage.
******IF YOU ADVISE SOMEONE NOT TO PAY HIS OR HER MORTGAGE,you must clearly and prominently disclose the negative consequences that could result. You must warn customers that failure to pay could result in the loss of their home or damage to their credit rating.
******DON'T ADVISE CUSTOMERS TO STOP COMMUNICATING WITH THEIR LENDER OR SERVICER. Under the Rule, it's illegal to tell people they shouldn't communicate with their lender or servicer.
******You must disclose key information to your customer if you forward an offer of mortgage relief from a lender or servicer. You must give your customer a written notice from the lender or servicer describing all material differences between the terms of the offer and the customer's current loan. You also have to tell your customer that if the lender or servicer's offer isn't acceptable to them, THEY DON'T HAVE TO PAY YOUR FEE.
(I was never told they had a fee - the Homeowner's Protection Alliance kept saying they are non profit and I was told the money being wire to Roosevelt Law Firm was to be payment on my mortgage!!! - What a dumbass I was, my only excuse was that I was very ill.)
******Don't misrepresent your services. Under the Rule, IT'S ILLEGAL TO MAKE CLAIMS THAT ARE FALSE, MISLEADING, OR UNSUBSTANTIATED.
Bona fide non-profit organizations aren't covered, but the Rule APPLIES to companies that falsely claim non-profit status.
The Rule defines "mortgage assistance relief service" as a service, plan, or program that is represented, expressly or by implication, to help homeowners prevent or postpone foreclosure or help them get other kinds of relief, like loan modifications, forbearance agreements, short sales, deeds-in-lieu of foreclosure, or extensions of time to cure defaults or reinstate loans. The Rule applies whether you work directly with consumers' lenders or servicers to get mortgage relief or you offer services to help consumers do it on their own (for example, by conducting a "forensic audit" or other review of consumers' loan documents).
Disclosures you must make in communications with prospective customers
The Rule requires additional disclosures in any "consumer-specific commercial communication" – that is, a letter, phone call, email, text, or the like, directed at a specific person you're soliciting for your service. In every communication you have with prospective customers, the Rule requires that you clearly and prominently disclose three key facts, in these words:
1) "You may stop doing business with us at any time. You may accept or reject the offer of mortgage assistance we obtain from your lender [or servicer]. If you reject the offer, you do not have to pay us. If you accept the offer, you will have to pay us [insert amount or method for calculating the amount] for our services."
2) "[Name of your company] is not associated with the government, and our service is not approved by the government or your lender;" and
3) "Even if you accept this offer and use our service, your lender may not agree to change your loan."
The three disclosures must be presented together. The Rule has specific requirements for presenting these disclosures to prospective customers.
(HPA and Roosevelt Law Firm failed to do number 1) above.
(HPA reels you in then passes you off to Roosevelt Law Firm who collects the money!) How much does Roosevelt pay HPA for the referrals? or are the HPA people all "employed" by Roosevelt? What a SCAM! Think about it, if HPA says there is no charge for their services to you how do you think they get paid and make a living? They ask: "Do you have the money to pay the mortgage this month? Oh you do? Well great, Wire the money to this address (which is for Roosevelt's account.) I didn't deal with Roosevelt regarding the payments even though it was sent to them. Homeowners Protection Alliance is a scam working with Roosevelt Law Firm!
How does the Rule apply to businesses in the mortgage industry?
Attorneys. The Rule has special provisions for attorneys who provide mortgage assistance relief services. Read Mortgage Assistance Relief Services Rule: A Compliance Guide for Lawyers to find out more. Having an attorney on your staff or using outside attorneys to perform some of your services doesn't exempt you from the Rule. Nor does having an attorney place fees in a client trust account, by itself, allow you to collect fees in advance.
How Do Truth-In-Advertising Principles Apply To Claims We Make About Our Services?
Under the Rule, it's illegal to misrepresent, either expressly or by implication, any "material aspect" of your services. That includes any information that's likely to affect a consumer's decision to use your service or choose one service over another. Here are some examples of claims that would be material:
-- the likelihood of negotiating, getting, or arranging a specific form of mortgage relief;
-- how long it will take to get the advertised mortgage relief;
-- an affiliation with the government, public programs, or lenders or servicers;
-- the terms and conditions of homeowners' mortgages, including how much they currently have to pay;
-- your refund and cancellation policies;
-- whether homeowners will be getting legal services;
-- the benefits and costs of using alternatives to for-profit MARS providers;
-- the amount homeowners may save if they use your service;
-- the total cost of your service; and
-- the terms, conditions, or limitations of a lender or servicer's offer of mortgage relief, including how much time the homeowner has to accept the offer.
Beyond requiring that your claims are truthful, the Rule makes it ILLEGAL TO TELL A CUSTOMER or potential customer TO STOP COMMUNICATING WITH THEIR LENDER OR SERVICER. *****(YES, THEY DID THIS ONE TO ME, told me they were taking over, don't take calls or communicate with my lender!)*****
Also, told me if I was working with them I couldn't have my house up for sale -- I believed them then :[
LOOK AT THIS PEOPLE! HAVE YOU BEEN SCAMMED LIKE I HAVE?
When Can I Collect My Fee?
The Rule says you can't collect any fee from a customer until you've met three requirements:
1) You get an offer of mortgage relief from your customer's lender or servicer. You must have persuaded your customer's lender or servicer to reduce, modify, or otherwise change the terms of the customer's mortgage loan;
You give your customer the written offer. You must provide your customer with a written agreement from the lender or servicer to reduce, modify, or otherwise change the terms of the customer's mortgage loan; and
2) Your customer accepts the written offer. The customer's acceptance must be in the form of an executed written agreement with the lender or servicer that incorporates the changes to the terms of his or her mortgage loan.
3) You can't collect any fees for intermediate steps you take as part of the process. For example, it would be illegal to charge separately for:
-- conducting an initial consultation with a customer;
-- reviewing or auditing a customer's mortgage or foreclosure documents to detect errors, including robosigning or title problems;
-- gathering financial or other information from a customer;
-- sending an application for mortgage relief or any other request to a customer's lender or servicer;
-- communicating with a lender or servicer on a customer's behalf; or
-- responding to requests for information from a customer's lender or servicer.
i was trying to get a loan modification, they collected over 5K from me and I never got a loan modification.
ILLEGAL AND FRAUD.
And then just today called the Homeowner Protection Alliance (HPA):
Call Us: (866)-211-1793
Website: http://hpahelp.com
Was told Roosevelt Law Office (Craig) was going to call me back this afternoon. 10 minutes went by and someone from HPA calls me back. Scam. Tries to bring up something in my past (OWI tickets) like that has ANY RELEVANCE AT ALL regarding my upcoming lawsuit against them. Also kept trying to tell me I am over the statue of limitations (he said 2 years) but for FRAUD
Comments
but for FRAUD it is six years.
Please people educate yourself before they suck you in. And whatever you do, get help LOCALLY, it is more of a pain in the ass to sue someone out of state (just for serving the papers - since they do business in this state and contacted me in the state in which I live I can sue them here though!!!! If they are a no show on the court date then they forfeit and must pay. I hope they do show up though!!!
READ that website at the Federal Trade Commission!!!!!!!
Will keep you all updated and will set up a new email address for myself and give it to all of you if you want to contact me. Safety in numbers you know!