March 24, 2009
Florida Attorney General Bill McCollum is suing a Miami company and its owner on charges 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, according to the state.
"Our citizens should not be targeted when they are in a time of financial distress and are desperately trying to protect their homes," said McCollum.
According to consumer complaints, Lincoln Lending advertised for mortgage foreclosure assistance and rescue services. The complaint contends 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 was created last year, the state maintains. 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 asks 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.
