Tuesday, December 23, 2008

Ohio Foreclosure Rescuer Sued

James R. Van Putten, doing business as “Please Save My Home” in Conneaut, Ohio, has been sued by the Ohio Attorney General to stop his foreclosure rescue business from continuing to victimize consumers throughout the state. The lawsuit, filed in the Cuyahoga County Court of Common Pleas, alleges that Van Putten violated Ohio’s consumer protection laws by engaging in unfair and deceptive practices. The complaint

alleges violations of the Consumer Sales Practices Act, the Telephone Solicitation Sales Act, and Debt Adjuster’s Act.

Van Putten obtained the names of homeowners in foreclosure from court records and used direct mail to solicit his services. The mailing stated: “Regardless of your present mortgage or loan situation, we will be able to assist you by arranging a repayment plan to bring your loan current” and “Call Today & Save Your Home.” Van Putten then entered into contracts through which he promised to save the consumers’ homes from foreclosure by obtaining and providing loan modifications, legal representation, and forbearance agreements.

Consumers paid, on average, $650 for Van Putten’s services. The Attorney General’s investigation found that consumers did not receive the promised services. The complaint also alleges that once consumers paid for the services, they were unable to reach Van Putten by telephone, received no additional contact from him, and many lost their homes to foreclosure.

Van Putten is not registered with the Attorney General’s office as a Telemarketer, and his fictitious business name “Please Save My Home” is not registered with the Ohio Secretary of State, which is required by law. The lawsuit filed by the Attorney General alleges that Van Putten violated the Consumer Sales Practices Act by committing unfair and deceptive acts and practices, which included: (1) securing his first contact with consumers through deception (2) failing to clearly and conspicuously disclose all material terms and conditions of his offer, and (3) failing to honor his written refund policy. The action also alleges that Van Putten, violated the Debt Adjuster’s Act by charging consumers more than seventy-five dollars for the initial set-up of his foreclosure assistance service, and charging fees or contributions exceeding one hundred dollars per calendar year.

Attorney General Nancy H. Rogers is asking the Court to restrain James R. Van Putten from committing further violations of Ohio’s consumer laws. The suit also seeks an order requiring the defendant to pay damages to all consumers injured by Van Putten’s conduct and to pay civil penalties of $25,000 for each violation of the law.

The Attorney General is also asking the Court to prohibit Van Putten from participating in consumer transactions in Ohio until he has made all required payments resulting from this lawsuit.

mortgage fraud

1. North Carolina’s AG did the same thing several weeks ago.  I think that in most states loan modification would be an unauthorized practice of law.

   Posted by  on  01/04  at  10:27 PM