Business ProfileforThe Advocacy for Consumer Rights

BBB has received information The Advocacy for Consumer Rights solicits consumers in order to negotiate mortgage terms and requests an upfront-fee for services. However, according to the Federal Trade Commission’s (FTC) Mortgage Assistance Relief Services Rule (MARS), this business practice is prohibited.

BBB contacted The Advocacy for Consumer Rights regarding business practices. The Advocacy for Consumer Rights informed BBB the business does not provide mortgage modification or mortgage rescue services. The business provides grammar fraud services to consumers, while locating and identifying violations of false & misleading statements within lender documents. In addition, the business informed BBB:

•“A consumer can pay TAFCR [The Advocacy for Consumer Rights] an upfront fee to have TAFCR assist in filing the claim.  At any point in time a consumer can request a refund of 100% of the fees they paid TAFCR.  If a consumer requests a refund, TAFCR would then be entitled to the entire amount of the claim once the claim is paid.  A consumer cannot return the services TAFCR has performed so it is only fair that if a client requests a refund they do not also get to keep their claim monies due when they are paid.

•TAFCR [The Advocacy for Consumer Rights] mostly now handles claims on contingency.  In this fee structure the consumer pays no upfront fees. When the claim is paid TAFCR is entitled to a set percentage of the claim.  The percentage is confidential between TAFCR and the consumer.  If the consumer does not agree with the percentage amount then TAFCR does not assist with the filing of the claim.”

 For more details on services The Advocacy for Consumer Rights provides, please visit www.theadvocacyforconsumerrights.org/mortgage-grammar-fraud.

To learn more about the Federal Trade Commission’s (FTC) Mortgage Assistance Relief Services Rule (MARS), please see below:

•"It's illegal to charge upfront fees. You can't collect money from a customer unless you deliver – and the customer agrees to – a written offer of mortgage relief from the customer's lender or servicer.

•You must clearly and prominently disclose certain information before you sign people up for your services. You must tell them upfront key information about your services, including:
-the total cost,
-that they can stop using your services at any time, 
-that you’re not associated with the government or their lender, and
-that their lender may not agree to change the terms of their mortgage.

•If you advise someone not to pay his or her mortgage, you must clearly and prominently disclose the negative consequences that could result. You must warn customers that failure to pay could result in the loss of their home or damage to their credit rating.

•Don't advise customers to stop communicating with their lender or servicer. Under the Rule, it's illegal to tell people they shouldn't communicate with their lender or servicer.

•You must disclose key information to your customer if you forward an offer of mortgage relief from a lender or servicer. You must give your customer a written notice from the lender or servicer describing all material differences between the terms of the offer and the customer's current loan. You also have to tell your customer that if the lender or servicer's offer isn't acceptable to them, they don't have to pay your fee.

•Don't misrepresent your services. Under the Rule, it's illegal to make claims that are false, misleading, or unsubstantiated."

If you feel you may be a victim of fraud or wish to report companies that may be violating the MARS Rule, please contact your state Attorney General and/or the Federal Trade Commission at www.ftc.gov or on 877-382-4357. 

The following describes a pending government action that has been formally brought by a government agency but has not yet been resolved. We are providing a summary of the government’s allegations, which have not yet been proven.

On May 4, 2017 the Lake Havasu City Police Department arrested business owner, Leighton L. Ward. Felony charges filed allege the business of: fraud; fraudulent schemes and artifices; theft; and forgery. The matter is pending. 

For further details regarding this order, please click here or contact the Lake Havasu City Police Department at www.lhcaz.gov/police or on 928-680-5431. If you have any questions regarding contracts or other dealings with this business, please contact your personal legal representative. If you do not have an attorney you may wish to contact the Arizona Bar Association’s AZ Law Help at www.azlawhelp.org, or on 602-257-4434.