Ohio Attorney General Richard Cordray

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Briefing Room > News Releases > November 2009 > Cordray, FTC Take on Foreclosure Rescue Companies

News Releases

Cordray, FTC Take on Foreclosure Rescue Companies

11/24/2009

(COLUMBUS, Ohio) — Ohio Attorney General Richard Cordray today sued two companies that allegedly targeted then ripped off homeowners threatened by foreclosure. The lawsuits are part of a national sweep on foreclosure rescue scams announced this afternoon by the Federal Trade Commission.

In a lawsuit filed in Cuyahoga County, Cordray accused Debt Advocacy Center (DAC) of failing to deliver services it promised. The lawsuit alleges that the Cleveland-based DAC advertised loan modification and loss mitigation services to consumers backed by a 100% money-back guarantee. DAC then collected upfront payments ranging from $500-$3,800, advised consumers to not make monthly mortgage payments and then never delivered the services. 

In a lawsuit filed in Franklin County, Cordray alleges that Kirkland Young, LLC, based in Florida, charged consumers an upfront fee that exceeded the $75 initial fee allowed by Ohio law. In complaints filed with the Attorney General’s office, consumers said that Kirkland Young required customers to pay approximately $500 into an escrow account monthly and pay “closing costs” if a loan modification was obtained. Additionally, the lawsuit alleges that the company solicited consumers through phone calls but is not registered in Ohio as required by law and further violated the law by making misleading or false statements to consumers during the call.

“These types of operations intentionally target vulnerable and desperate individuals in an attempt to take advantage of them,” said Cordray. “They are predatory in nature and exploit already dire circumstances. In Ohio, we will continue to make it a priority to shut down the illegal practices and work to protect susceptible homeowners.”

Today’s lawsuits are the result of an ongoing effort by Cordray in holding companies accountable for violating Ohio law in the wake of the foreclosure crisis. To date, Cordray has issued approximately 30 cease and desist notices and filed seven lawsuits against foreclosure rescue operations targeting Ohioans. Additionally, Cordray has sued two loan servicers for unfair or deceptive loan modification practices.
 
In both lawsuits, Cordray is seeking declaratory and injunctive relief.

Cordray reminds homeowners never to pay for foreclosure prevention services. Consumers can get real help for free by calling Ohio’s Save the Dream hotline at (888) 404-4674.  Cordray also encourages those who feel that they have fallen victim to these operations or similar scams, to file a complaint with his office through www.SpeakOutOhio.gov or (800) 282-0515.
 
To view the DAC complaint in full, visit www.OhioAttorneyGeneral.gov/DACComplaint  

To view the Kirkland complaint in full, visit www.OhioAttorneyGeneral.gov/KirklandComplaint
 

Media Contacts:
 

Kim Kowalski: (614) 728-9692
cell: (614) 893-6018
Ted Hart: (614) 728-4127
cell: (614) 743-2286