Readers of the site will know by now that the State of Connecticut does not take much guff from debt relief companies.
Here is the latest round of debt relief companies named by the State for performing unwelcome services.
The Mortgage Law Group, The Law Office of Macey Aleman & Searns, Attorney Process Solutions
WHEREAS, on April 24, 2012, the Commissioner, acting pursuant to Section 36a-52(b) of the Connecticut General Statutes, Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued a Temporary Order to Cease and Desist, Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing (collectively “Notice”) against Respondents, which Notice is incorporated herein by reference;
WHEREAS, on April 24, 2012, the Notice was sent by certified mail, return receipt requested, to Mortgage Law Group (Certified Mail No. 70112000000247358284), Mortgage Law Group’s agent (Certified Mail No. 70112000000247358291) and Mortgage Law Group’s attorney (Certified Mail No. 70112000000247358321);
WHEREAS, on April 24, 2012, the Notice was sent by certified mail, return receipt requested, to Attorney Processing Solutions (Certified Mail No. 70112000000247358307) and to Attorney Processing Solutions’ agent (Certified Mail No. 70112000000247358314);
WHEREAS, on April 25, 2012, Mortgage Law Group’s attorney received the Notice; on April 27, 2012, Mortgage Law Group’s agent received the Notice and on May 8, 2012, Mortgage Law Group received the Notice. On May 3, 2012, Mortgage Law Group requested a hearing, which hearing is currently subject to an open-ended continuance;
WHEREAS, on April 26, 2012, Attorney Processing Solutions’ agent received the Notice and on April 30, 2012, Attorney Processing Solutions received the Notice, and no request for a hearing has been received by the Commissioner from Attorney Processing Solutions;
Having read the record, I HEREBY ORDER, pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, that:
Attorney Processing Solutions, LLC CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011;
A CIVIL PENALTY of One Hundred Thousand Dollars ($100,000) be imposed against Attorney Processing Solutions, LLC, to be remitted to the Department of Banking by cashier’s check, certified check or money order, made payable to “Treasurer, State of Connecticut”, no later than thirty (30) days from the date this Order is mailed; – Source
Law Offices of Drew Alia, The Alia Law Group, Alia Law Group, GMK Solutions
Alia Law Group is a Pennsylvania corporation with offices at 1518 Walnut Street, Suite 1506, Philadelphia, Pennsylvania; and 1218 South Broad Street, Philadelphia, Pennsylvania.
GMK Solutions is a Pennsylvania limited liability company with offices at 1819 JFK Boulevard, Suite 301, Philadelphia, Pennsylvania; and 1518 Walnut Street, Suite 1506, Philadelphia, Pennsylvania and is an owner of Alia Law Group.
On or about April 22, 2011, two (2) Connecticut residents, while physically present in this state, entered into a Client Agreement with Alia Law Group in which Alia Law Group promised to assist them “with possibly disputing, negotiating and settling for a new more affordable mortgage, which disputes include, but are not limited to, possible violations of law in the origination of your mortgage”.
In connection with the Client Agreement, payments totaling $3,500 were debited from one of the Connecticut resident’s bank account by GMK Solutions, which amount is in excess of amounts that debt negotiators may charge for services pursuant to the Schedule of Maximum Fees established by the Commissioner on or about October 1, 2009.
On or about October 1, 2009, the Commissioner established a Schedule of Maximum Fees, which provides, in pertinent part, that “[a] debt negotiator of secured debt, including Short Sales and Foreclosure Rescue Services, may impose a fee upon the mortgagor or debtor for performing debt negotiation services not to exceed five hundred dollars ($500). Such fee shall only be collectable upon the successful completion of all services stated in the debt negotiation service contract”.
On July 26, 2011, Alia Law Group entered into an Associate Attorney Employment Agreement with a Connecticut attorney; however, neither of the Connecticut residents were ever contacted by nor ever spoke with such attorney.
At no time relevant hereto were Respondents licensed to engage or offer to engage in debt negotiation in this state, nor did Respondents qualify for an exemption from such licensure.
On January 3, 2012, the Commissioner received a complaint filed by one of the Connecticut residents, as more fully described in paragraph 3 above, concerning Respondents’ failure to perform the debt negotiation services.
THE COMMISSIONER THEREFORE ORDERS, pursuant to Section 36a-52(b) of the Connecticut General Statutes, that Law Offices of Drew Alia, P.C., A Professional Corporation d/b/a The Alia Law Group immediately CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011. This Temporary Order shall become effective upon receipt by Law Offices of Drew Alia, P.C., A Professional Corporation d/b/a The Alia Law Group, and, unless set aside or modified by a court, shall remain in effect until the effective date of a permanent order or dismissal of the matters asserted in this Temporary Order.
THE COMMISSIONER FURTHER ORDERS, pursuant to Section 36a-52(b) of the Connecticut General Statutes, that GMK Solutions, LLC immediately CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011. This Temporary Order shall become effective upon receipt by GMK Solutions, LLC, and, unless set aside or modified by a court, shall remain in effect until the effective date of a permanent order or dismissal of the matters asserted in this Temporary Order. – Source
New Era Group, New Era Debt Solutions
WHEREAS, as a result of such investigation, the Commissioner alleges that from at least October 2009 to May 2010, New Era engaged in unlicensed debt negotiation activity in Connecticut, in violation of Section 36a-671(b) of the then applicable Connecticut General Statutes;
WHEREAS, the Commissioner believes that such allegation would support initiation of enforcement proceedings against New Era, including proceedings to issue a cease and desist order against New Era pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Section 36a-52(a) of the Connecticut General Statutes and impose a civil penalty of up to one hundred thousand dollars ($100,000) per violation upon New Era pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Section 36a-50(a) of the Connecticut General Statutes;
WHEREAS, initiation of such enforcement proceedings would constitute a “contested case” within the meaning of Section 4-166(2) of the Connecticut General Statutes;
WHEREAS, Section 4-177(c) of the Connecticut General Statutes and Section 36a-1-55(a) of the Regulations of Connecticut State Agencies provide that a contested case may be resolved by consent order, unless precluded by law;
WHEREAS, both the Commissioner and New Era acknowledge the possible consequences of formal administrative proceedings, and New Era voluntarily agrees to consent to the entry of the sanctions described below without admitting or denying any allegation contained herein and solely for the purpose of obviating the need for formal administrative proceedings concerning the allegation contained herein;
WHEREAS, New Era herein represents that, as of June 2011, New Era ceased and desisted from engaging or offering to engage in debt negotiation in this state;
WHEREAS, New Era herein represents that it is not aware of any additional Connecticut clients, other than those noted in Exhibit A attached hereto, who had retained New Era for debt negotiation services since October 1, 2009;
WHEREAS, New Era, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:
No later than the date this Consent Order is executed by New Era, New Era shall remit to the Department of Banking by cashier’s check, certified check or money order made payable to “Treasurer, State of Connecticut”, the sum of Three Thousand Dollars ($3,000) as a civil penalty;
New Era shall immediately cease and desist from engaging or offering to engage in unlicensed debt negotiation activity in Connecticut, in violation of Section 36a-671(b) of the applicable Connecticut General Statutes; – Source
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