ECONOMIC
JUSTICE
MFY Files Suit
against Mortgage Scammer
On November 18, 2013, MFY filed a lawsuit on behalf of Ms. Elva Brardo, a
60-year-old Queens County homeowner who lost thousands of dollars as part of a
foreclosure rescue scam perpetrated by American Hope Group, Inc., The Donado
Law Firm A Professional Corporation, and multiple individual defendants.
After charging Ms. Brardo an illegal, upfront fee, defendants falsely promised
that an alleged “Securitization Mortgage Audit” would identify errors in her
mortgage loan documents and this so-called erroneous information would be used
to compel her lender to provide her with a more affordable monthly mortgage
payment. In addition to a loan modification, Ms. Brardo was promised
legal representation to prevent foreclosure.
Even though Ms. Brardo signed a purported retainer agreement with The
Donado Law Firm at American Hope’s office and authorized American Hope Group to
automatically debit nearly $700 per month from her checking account in
additional fees, defendants never obtained a more affordable mortgage payment
for Ms. Brardo and never provided her with the promised legal
representation. In fact, Ms. Brardo never met nor spoke to any attorney.
The complaint asserts claims for violation of New York’s “distressed property
consultant” law, Real Property Law § 265-b, which among other things makes it
illegal to charge up-front fees for loan modification services; violation of
New York’s Deceptive Practices Act, General Business Law § 349; and breach of
contract. The lawsuit seeks to recover the illegal upfront fees paid to the
defendants and also seeks to enjoin defendants from engaging in the deceptive
acts and practices alleged.
Brardo v. American Hope Group, Inc., et al, Index No. 21154/2013, Supreme Court, Queens County
READ THE COMPLAINT
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