IN THE CffiCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND J!'OR BROWARD COUNTY, FI~ORIDA CASE NO.: 1 0~044129(08)

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1 IN THE CffiCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND J!'OR BROWARD COUNTY, FI~ORIDA OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA, Plaintiff, vs. CASE NO.: 1 0~044129(08) ANTHONY M. FERLANTI, EMMANUELE ZUCCARELLI, and ELECT GROUP, L.L.C., Defendants. CONSENT FINAL JUDGMENT AS TO DEFENDANT ANTHONY M. FERLANTI THIS.CONSENT FINAL JUDGMENT enters upon stipulation between Plaintiff OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA ("Attorney General" or "Department" or "Plaintiffu), and Defendant A ~THO NY M. FERLANTI ("Defendant") for' the purpose of resolving all issues pertaining to the present cause. WHEREAS, Plaintiff initiated an investigation into the business acts and practices of the Defendant and subsequently filed a complaint and amended complaint alleging unfair trade practices pursuant to the Florida Deceptive and Unfair Trade Practices.Act, Florida Statutes Ctapter 501, Part II ("FDUTPA"); WHEREAS, the Defendant is prepared to enter into this Consent Final Judgment for the sole purpose of resolution ofthe investigation and this lawsuit; and WHEREAS, the Defendant has ceased business operations attendant to the business of foreclosure rescue services, cancelation, modification or other debt relief related to consumers' real estate and/or mortgages. ~w... Initials: llc

2 THEREFORE, by express written consent of the aforementioned Defendant, this Court based upon the foregoing and the consent of the parties, it is hereby ORDERED AND AD.TIJDGED that: Judgment on the cause of action asserted in this action is hereby entered in favor of the Office of the Attorney Generat Department of Legal Affairs, State of Florida, 110 S.E. 6th Street, 10th Floor, Ft. Lauderdale, Florida 33301, and against Defendant Anthony M. FerJanti, Key Vista Way, Boca Raton, FL 33496, for which let the execution issue. The Attorney General will not levy on the execution as long as payment is made in accordance with paragraphs 12 and 13. This Judgment is cqntinuing in nature and shall be binding on any and all successors or assigns of the Defendant. I. JURISDICTION AND VENUE 1. This action commenced wherein Plaintiff sued the Defendant pursuant to FDUTP A for activities related to the business of loan cancelation, modification or other debt relief related to consumers' real estate and/or mortgages. The complaint arose from an investigation wherein the ATTORNE Y GENERAL, an agency of the state and the enforcing authority under FDUTP A, determined that an enforcement action served the public interest. The ATTORNEY GENERAL had full authority t{) bring this action. 2. Plaintiff has alleged that the Defendant solicited, marketed and otherwise advertised foreclosure rescue services, loan cancelation, modification or other debt relief related to consumers' real estate and/or mortgages. Plaintiff has alleged that the Defendant misrepresented the legal validity of the services he was advertising and marketing. This Court has jurisdiction over the subject matter of this action pursuant to the provisions of FDUTP A. The Defendant hereby consents to the jurisdiction of this Court and further consent to the relief provided by this Consent Final Judgment. 2

3 3. The award of injunctive relief and other equitable relief is within the jurisdiction of the Circuit Court and the amounts in controversy meet the jurisdictional threshold of the Circuit Court. 4. Venue is proper in Broward County, Florida At all pertinent times, the Defendant' business was and has been located in Broward County, Florida. 5. The Defendant, at all times which are material hereto, solicited consumers within the definitions of Section (7), Florida Statutes. 6. The Defendant, at all times material hereto, provided goods or services as defined within Section (8), Florida Statutes, within the State of Florida and Broward County. 7. The Defendant, at all times material hereto, were engaged in a trade or commerce within the definition of Section (8), Florida Statutes. II. SCOPE OF CONSENT FINAL JUDGMENT 8. The ATTORNEY GENERAL. acknowledges by execution hereof that this Consent Final Judgment constitutes a complete settlement of all of the ATTORNEY GENERAL's civil claims against the Defendant, which cliims were asserted in the Complaint and Amended Complaint filed in this case. 9. Nothing.herein constitutes approval by the ATIORNEY GENERAL of any person or corporation's past or future business practices.. The Defendant shall not make any representation contrary to this paragraph. III. INJUNCTIVE TERMS 10. Final Judgment is hereby entered in favor of the Department and against the Defendant for the acts and practices relating to the business of foreclosure rescue services, loan cancelation, modification or other debt relief related to consumers' real estate and/or mortgages. 3 lnitlaj,o ~

4 11. The purpose of FDUTPA is to "protect the consuming public and legitimate business enterprises from those who engage in unfair methods of competition, or unconscionable, deceptive, or unfair acts or practices in the conduct of any trade or commerce." (2), Fla Stat. To that end, the Court hereby permanently and immediately ENJOINS the Defendapt, as well as his officers, agents, servants, employees, attorneys, successors and assigns acting on behalf of the Defendant as well as those persons in active concert or participation with them who receive actual notice of this Order, directly or indirectly, from the following: a. Violating the provisions of Florida's Deceptive and Unfair Trade Practices Act, as contained in Chapter 501, Part II, Florida Statutes. b. Engaging in, or providing support or instruction for (fmancial or otherwise) the business of foreclosure rescue services, loan cancelation, modification or other debt relief, whether secured or unsecured, related to real estate and/or mortgages. c. From advertising, marketing, soliciting and/or accepting funds from consumers, making telephone sales calls to and/or apcepting contracts from consumers involving foreclosure rescue services, loan cancelation, modification or other debt relief, whether secured or unsecured, related to real estate and/or mortgages. d. Affecting any change in the form of doing business or organizational identity as a method for avoiding the terms and conditions set forth in this Consent Final Judgment. IV. MONETARY TERMS 12. The parties agree that Defendant Ferlanti shall pay the total sum of Thirty Thousand Dollars ($30,000.00) to the Department in accordance with (6), Florida Statutes ("Monetary Funds"). The Monetary Funds.shall be allocated in the discretion of the 4!nhU.Is: ist:"

5 Attorney General pursuant to Section (6), Florida Statutes. All payments.shall be by certified funds or cashier check made payable to Department of Legal Affairs Revolving Trust Fund and delivered to Assistant Attorney General Fulvio Joseph Gentili, Office of the Attorney General, Department of Legal Affairs, State of Florida, 110 S.E. 6th Street, 1 otn Floor ~ Ft. Lauderdale, Florida or to such address as the Attorney General may advise. 13. Defendant Ferlanti shall pay the sum of Thirty Thousand Dollars ($30,000.00) to the Department in ten (10) monthly installments of $ each as set forth in paragraph 12, starting on June 15, 2015 and continuing each month thereafter on the fifteenth (15th) day of the month until payment in full. 14. This Consent Final Judgment constitutes the full and final resolution of all claims which were. asserted or could have been asserted in this Action against the Defendant In consideration of the disbursement of the. Monetary Funds described above and other good and valuable consideration, the receipt and sufficiency of which is acknowjedged, Plaintiff acknowledges by execution hereof that this Consent Final Judgment constitutes a complete settlement of the Plaintiffs claims against the Defendant that arise from the allegations of the Complaint and Amended Complaint. V. BUSINESS RECORDS 15. From the date of the execution of this Consent Final Judgment by the Defendant, all of the Defendant's records must be retained for a minimum of two (2) years~ The Defendant shall maintain and make available to the Attorney General's representative, upon any reasonable written request, all books, records and other documents, except privileged documents, in the format in which they exist, which reflect the implementation of the terms of this Consent Final Judgment and compliance with its terms. Any such records requested by the Attorney General shall be made available for inspection within ten (1 0) business days of the Defendant's receipt of 5 InitiaL.:~

6 the request. The Defendant shall honor any request from the Attorney General to make such records available without legal process. VI. FUTURE VIOLATIONS 1'6. Notwithstanding any other pro,jsion of this Consent Final Judgment, the parties further recognize that future violations of this Consent Final Judgment or of Chapter 501, Part II, Florida Statutes, may subject the Defendant or their officers, directors and employees acting on the Defendant' behalf to any and all civil penalties and sanctions provided by law, including attorney's fees and costs. 17. Any failure to comply. with the terms and conditions of this Consent Final Judgment is by statute prima facie evidence of a violation of Chapter 501, Part II, Florida Statutes, and will subject the Defendant to any and all civil penalties and sanctions authorized by law, including attorney's fees anct' costs. In the event that a court of competent jurisdiction makes a detennination that a violation of any provision of this judgment has occurred, then the Defendant shall be liable for an additional $500, (Five Hundred Thousand Dollars) in civil penalties, in addition to any additionally awarded attorneys' fees and costs, and other relief, as aliowed by law. The Department reserves the right to seek Chapter 501 penalties for any future violation(s) of Chapter 501, Part II, Florida Statutes against the Defendant. Vll. MISCELLANEOUS PROVISIONS 18. Nothing herein shall be construed as a waiver of any private rights, causes of action, or remedies of any private person, business, corporation, government or 1egal entity against the Defendant. Similarly, nothing contained herein shall waive the right of the Defendant to assert any lawful defenses in response to a claim of a consumer. 6

7 19. It is further agreed by the parties hereto that this Consent Final Judgment shall be effective as of the date of its execution by the p~es hereto, including each of the parties reflected by the signature lines below. 20. Notwithstanding any other provision of this Consent Final Judgment, nothing herein shall be construed to impair, compromise or affect any right of any government agency other than the OFFICE OF THE FLORIDA ATTORNEY GENERAL. 21. Jurisdiction is retained for the purpose of enabling any party to this Consent Final Judgment to apply to the Court at any time for such further orders and directions as might be necessary or appropriate for the modification, construction, or implementation of the ijuunctive provisions of this Consent Final Judgment, or, for the enforcement and punishment of violations of any provisions hereof. The parties by stipulation may agree to a modification of this Consent Final Judgment, which agreement shall be presented to this Court for consideration, provided that the parties may jointly agree to a modification only by a written instrument signed by or on behalf of both the ATTORNEY GENERAL and Defendant Ferlanti. 22. Notwithstanding the foregoing, the ATTORNEY GENERAL may institute an action or proceeding to enforce the tenns and provisions of this Consent Final Judgment or to take action based on future conduct by the Defendant. The fact that such conduct was not expressly prohibited by the terms of this Consent Final Judgment shall not be a defense to any such enforcement action. 23. Nothing in this Consent Final Judgment will be construed to limit the authority of the A TIORNEY GENERAL to protect the interests of the State of Florida or the people of the State of Florida. Accordingly, nothing herein relieves the Defendant of their continuing duty to comply with applicable laws of the State of Florida nor constitutes authorization by the 7 lnitialso~

8 ATIORNEY GENERAL for the Defendant to engage in acts and practices prohibited by such laws. This Consent Final Judgment shall be governed by laws of the State of Florida. 24. This Consent Final Judgment will not be effective until executed by the Director, Consumer Protection Division, Richard Lawson, or his designee, at the signature line indicated below. 25. The parties jointly participated in the negotiation of the tenns which are articulated within this Consent Final Judgment. No provision of this Consent Final Judgment shall be construed for or against either party on the grounds that one party or another was more heavily involved in the preparation of the Consent Final Judgment, or had control over the provisions included. 26. This document is signed in anticipation of the Consent Final Judgment b eing s~bmitted to the Court for approval, without necessity of hearing, which is hereby WAIVED by at: parties. 27. The signatures below indicate the parties' consent and agreement to this Consent Final Judgmept. 28. It is further agreed that facsimile copies of signatures and notary seals may be accepted as original for the purposes of establishing the existence of this Consent Final Judgment. This Consent Final Judgment may be signed in counterparts, which together shall constitute one Consent Final Judgment. BY SIGNATURE, I hereby affirm that I am acting in my capacity and within my authority as manager, and that by my signature I am binding the businesses to the terms and conditions of this Consent Final Judgment. 8

9 ANTHONY M. FERLANTI (L Date: f114'{ ZL MAC DENNIS JR T FERLANTI: Date: fna'i Zl ' Initials:~ J

10 " r ' By: Fw~~ o;lcjo;s~epojh~~en~tiit ui ~~~~~==~~~~~-- Florida Bar No Assistant Attorney General Consumer Protection Division Office of the Attorney General 110 SE 6th Street, s uite 1000 Ft. Lauderdale, Florida r--,~.,. ;1----bt--7' 2015 Director, Consumer.Protection Division Office of the Attorney General The Capitol Tallahassee, FL (850) 245~0140 Dated: _6...,.,Lr.. r-4- (,, 2015 ENTRY OF JUDGMENT DONE and ORDERED in Ft. Lauderdale, Broward County, Florida this day of ' ::c-=-ir-cw-=-.- t J-u-:d-ge_D Jua o Oale oss JU 15 20f.i al:-e_r_o-ss---~nuo Copy cc: Roderick F. Coleman, Esq. Florida Bar No: An~ew M. Schwartz, Esq. Florida Bar No: Fulvio Joseph Gentili, Esquire Assistant Attorney General Florida Bar No