STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS IN THE INVESTIGATION OF: AG Case# L09-3-12.J"t DIRECT MORTGAGE SOLUTIONS, INC., and OSV ALDO CAMPOS, Respondents. ----------------------' ASSURANCE OF VOLUNTARY COMPLIANCE PURSUANT to the provisions of Chapter 501, Part II, Florida Statutes, Florida's Deceptive and Unfair Trade Practices Act, the OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, hereinafter referred to as the "Department", caused an investigation to be made into the business practices of DIRECT MORTGAGE SOLUTIONS, INC.., and OSV ALDO CAMPOS, ("CAMPOS"). Respondent, DIRECT MORTGAGE SOLUTIONS, INC., is an inactive Florida Corporation incorporated on June 15, 2005 whose registered principal place of business is 8725 NW 18 Terrace, Miami, Florida 33172. Respondent, OSVALDO CAMPOS is a mortgage broker, with an expired license as of August 12, 2011. At all relevant time periods, CAMPOS was a duly licensed mortgage broker. CAMPOS participated as the principal in the business activities of DIRECT MORTGAGE SOLUTIONS, INC., which operated out of its primary business location in Miami-Dade County, Florida during all relevant time periods. American Senior Lending, Inc. did not participate in the acts and practices which were the subject of this investigation. Respondents, DIRECT MORTGAGE SOLUTIONS, INC., and CAMPOS (hereafter 1
"Respondent") are prepared to enter into this Assurance of Voluntary Compliance (hereafter "AVC") without an admission that Respondents have violated the law and for the purpose of resolution of this matter with the Department. The Department, by and through the undersigned Assistant Attorney General, and the undersigned Director of the Economic Crimes Division, being in agreement, accepts this AVC in termination of this investigation, as set out in the terms of this A VC, pursuant to Section 501.207(6), Florida Statutes, and by virtue of the authority vested in the Department by said statute. I. STIPULATED FACTS 1. Beginning from approximately January 1, 2008 and thereafter, Respondents engaged primarily in the business of offering services to homeowners who defaulted under the terms of their home mortgages, were about to enter the foreclosure process, or were currently engaged in foreclosure proceedings. Specifically, Respondents offered, for an advance fee, to assist consumers with arranging an alternative payment plan with the homeowner's lender for the purpose of avoiding foreclosure, or of obtaining refinancing, or modification of their mortgages. 2. The Department has investigated allegations that Respondents are not fully compliant with provisions of Florida Statute 501.1377 which prohibits collection of client payments prior to completion of foreclosure-related rescue services and which also include requirements for foreclosure-related rescue services written agreements. 3. Respondents and the Department desire to resolve all issues arising during the course of this investigation as to DIRECT MORTGAGE SOLUTIONS, INC., and OSV ALDO CAMPOS. 4. 2 Initials
above. The Department shall not be estopped from taking further action in this matter should the facts described herein be shown to be incorrect in any material way, or the A VC not be complied with in full by Respondents. II. TERMS 5. Respondents have voluntarily ceased providing loan modification services. Neither CAMPOS, nor anyone on his behalf, will make use of the name DIRECT MORTGAGE SOLUTIONS, INC., for any purpose related to loan modification services. Neither CAMPOS, nor anyone on his behalf, will create or operate any other legal entity for the purpose of providing foreclosure rescue services to consumers. 6. Respondents and their representatives, agents, employees, successors, assigns or any other person who acts under, by, through, or on behalf of Respondents, directly or indirectly, or through any corporate or other device, shall comply with the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes. 7. Respondents shall make the terms and conditions of this AVC known to the Respondents' managers, members, officers, directors, and successors as well as anyone involved in an ownership, or employment capacity in any other businesses in which CAMPOS is involved. 8. The obligations imposed by this AVC are continuing in nature and shall apply to new officers, employees, agents, representatives or any other persons who become engaged in Respondents' business activities. 9. It is further agreed by the parties that the Respondent shall not effect any change in the form of doing business, or the organizational identity of any existing business entities, or create any new business entities, as a method of avoiding the terms and conditions set fort 3 Initials
this AVC. 10. Nothing in this AVC shall be construed as a waiver of any private rights of any person or release of any private rights, causes of action, or remedies of any person against the Respondents. III. STIPULATED PAYMENT 11. The Parties agree that Respondents shall pay the total sum of TEN THOUSAND DOLLARS ($10,000.00) as settlement in full of any and all claims that were or could have been asserted against Respondents, which amount shall be allocated by the Department in its sole discretion for consumer restitution in accordance with 501.207 ( 6) Florida Statutes. The payment shall be submitted by 4:00pm on Monday, April 16, 2012 herein by certified funds made payable to the Department of Legal Affairs and delivered to Theresa Therilus, Assistant Attorney General, with the original A VC executed by Respondents and their counsel. 12. Respondent, OSV ALDO CAMPOS, agrees to be jointly and individually liable for the amount of payment described in Paragraph 11. 13. The Office of the Attorney General is waiving payment of any statutory penalties for violation of Florida Statute 501, of up to $15,000 per violation, by any of the RESPONDENTS in consideration of the parties' entry into this AVC. 14. The original AVC, bearing the notarized signature of CAMPOS will be delivered to the attention of: Theresa Therilus, Assistant Attorney General, Office of Attorney General, Economic Crimes Division, 110 SE 6th Street, loth Floor, Fort Lauderdale, FL 33301. IV. BUSINESS RECORDS 15. Respondents agree to retain documents for a period of two years from the date of this AVC and shall provide reasonable access to such documents and~ 4 Initials
Department upon request. V. FUTURE VIOLATIONS 16. It is hereby agreed by the parties that any failure to comply with the terms and conditions of this AVC is by statute prima facie evidence of a violation of Chapter 501, Part II, Florida Statutes, and will subject Respondents to any and all civil penalties and sanctions authorized by law, including attorney's fees and costs. VI. CLOSURE OF INVESTIGATION 17. It is further agreed by the parties that upon the receipt of the agreed upon payment from Respondents, the Office of the Attorney General agrees to close its civil investigation into the activities of DIRECT MORTGAGE SOLUTIONS, INC. and, OSV ALDO CAMPOS, as set forth above. The parties agree that this AVC has been entered into based on the truthfulness of the information provided by Respondent, CAMPOS. VII. EFFECTIVE DATE OF AVC OF VOLUNTARY COMPLIANCE 18. It is further agreed by the parties that the effective date of this A VC shall be the date of its execution and delivery by all the parties, including each of the parties reflected by the signature lines below. Acceptance by the Office of the Attorney General shall be established by the signature of the Director of Economic Crimes. The receipt by the Office of the Attorney General of any monies pursuant to the A VC does not constitute acceptance by the Director of Economic Crimes, and any monies received shall be returned to Respondents at the addresses indicated below the signature lines of the Respondents if this A VC is not accepted and executed by the Director of Economic Crimes. 19. 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 agreem nt. This A VC 5 Initials
may be executed in multiple counterparts. Each counterpart when so executed shall be deemed an original and all of which together shall constitute one and the same agreement. VIII. NOTICE TO PARTIES 20. It is further agreed that future notice to any of the parties to this AVC may be made by notice sent certified mail to at the addresses set forth below unless either party notifies the other by certified mail of another address to which notices should be provided. IX. CONSTRUCTION OF AGREEMENT 21. It is further agreed that the parties jointly participated in the negotiation of the terms of this AVC. No provision of this AVC shall be construed for, or against, any party, on the grounds that one party had more control over establishing the terms of this AVC, than another. In witness whereof, Respondents, DIRECT MORTGAGE SOLUTIONS, INC., and OSVALDO CAMPOS have caused this AVC to be executed in the county and state listed below, as of the date affixed thereon. By my signature I hereby affirm that I am acting in my capacity and within my authority as President of the dissolved corporate entity, Direct Mortgage Solutions, Inc., as well as in my individual capacity, and that by my signature I am binding myself and the business to the terms and conditions of this A VC. SIGNATURE PAGE FOLLOWS: 6
GE SOLUTIONS, INC., 725 NW 18 Terr e Miami, Fl 33172 STATE OF FLORIDA) COUNTY OF BROW ARD) BEFORE ME, an officer duly authorized to take acknowledgments in the State of Florida, OSV ALDO CAMPOS, personally appeared, individually, and as President of DIRECT vr=' MORTGAGE SOLUTIONS, Inc., a dissolved Florida corporation. He acknowledged before me J"~el vecuted the foregoing instrument for the purposes therein stated on the J.ie"!!' day of 2012 and that each above statement is true and correct. Subscribed to before me this~ of ' ", 2012. Personally known or Produced Identification commissioned Notary Public) Y) (check one) Type ofidentification Produced: L Q {_ (],5/;?.. -bt/ () -(o~~ _ Ljlj Cl- O 7 Initials
ACCEPTANCE BY THE OFFICE OF THE ATTORNEY GENERAL ~:;{~ Theresa Therilus Assistant Attorney General 110 S.E. 6th Street, 9th Floor Fort Lauderdale, FL 33301 (954) 712-4600 (954) 527-3708 facsimile Theresa. therilus@myfloridalegal.com Dated: t/rrk /"". ( 7-. _... Assistant Attorney General Economic Crimes Division 1515 North Flagler Drive Suite 900 West Palm Beach, Florida 33401 Telephone 561-837-5000 8 Initials ----- -