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Attorney General Cuccinelli announces suit against Virginia Beach-based mortgage modification company
- Company allegedly charged illegal advance fees for "foreclosure rescue" services -
RICHMOND, VA (October 16, 2012) - Attorney General Ken Cuccinelli announced today that his office has filed a lawsuit against National Foreclosure Solutions, LLC (NFS), a mortgage loan modification company in Virginia Beach, for allegedly charging illegal advance fees before performing "foreclosure rescue" services for its customers.
The lawsuit alleges that NFS violated the Virginia Foreclosure Rescue law, Virginia Code § 59.1-200.1, by charging advance fees in connection with services to avoid or prevent foreclosure. The Foreclosure Rescue law prohibits a supplier of services to avoid or prevent foreclosure from charging or receiving a fee "prior to the full and complete performance of the services it has agreed to perform, if the transaction does not involve the sale or transfer of residential real property."
"We will not tolerate foreclosure rescue companies taking advantage of homeowners in desperate straits by charging advance fees in violation of the law," Cuccinelli said. "My office remains committed to protecting Virginia consumers."
The Office of the Attorney General will continue to work with the Virginia Bureau of Financial Institutions to identify and investigate companies thought to be violating the advance fee prohibition on foreclosure rescue companies.
The lawsuit was filed in the Circuit Court of the City of Virginia Beach. It requests that the court enjoin NFS from violating the Foreclosure Rescue law and that any money collected in violation of the law be returned to consumers. The suit also seeks an award of civil penalties of up to $2,500 per violation, the costs of the investigation of up to $1,000 per violation, and attorneys fees.
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