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Deceptive foreclosure rescue practices,
including claiming consumers owed more than their homes were
worth and misrepresenting the cost of repairs, consumers’ debt
and sale options in order to increase Harvest’s equity in the
property.
Deceptive "subject
to" sales and "Due On Sale acknowledgements" that failed
to disclose significant consequences related to the fact
that the original mortgage loan remained in the
consumer’s name and that the consumer could still go into
foreclosure if Harvest failed to make the loan
payments.
Deceptive practices
such as concealing the sale of the property from the bank
and misleading consumers into concealing the sale from
their bank in order to avoid triggering a "due on sale"
clause in the loan agreement, which would accelerate the
pay off date for the full balance of the consumer’s
loan.
Deceptive and
misleading use of blank documents, including having
consumers sign contracts with blank spaces and altering
the sale price multiple times after the contract was
signed and without obtaining the consumer’s
consent.
Deceptively
inducing consumers to sign over special powers of
attorney for the sale of their properties to a Harvest
employee. This created significant conflicts of interest,
as it gave Harvest control over both sides of the
transactions.
Requiring consumers
to sign "seller’s acknowledgements" which included
numerous misleading statements about the transaction,
including that they were fully informed, understood all
terms of the contract and were satisfied with their
negotiation and the final sale
terms.
Deceptively
referring consumers to "independent counsel" who were
actually attorneys with whom Harvest had a pre-existing
referral relationship.
In addition to the $350,000 in restitution
payments, the settlement includes requirements that Harvest and
its owners and managers:
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