Apply 2 Save and Derek R. Oberholtzer must have the loan modification  record for being sued by various Federal and State consumer protection agencies. 

I wrote about the FTC lawsuit in July, Apply 2 Save – FTC Files Lawsuit to Bar Unlawful Activities:

Works, Inc, a corporation, and Derek R. Oberholtzer, individually and as an officer of Apply2Save, Inc., and Sleeping Giant Media Works, Inc., Defendants

(United States District Court for the District of Idaho)FTC File No.  092 3117

The FTC alleged that Internet company Apply2Save charged consumers up-front fees of up to $995, claiming they could obtain a loan modification in 30 to 90 days. In fact, they did not obtain loan modifications for most consumers and were unable to stop foreclosures.

Let us take a look at some of these lawsuits:

From the Idaho Attorney General:

Apply 2 Save Consumer Protection Lawsuit

Apply 2 Save filed a Chapter 7 bankruptcypetition in the District of Idaho’s Bankruptcy Court on June 9, 2009. The petition includes $1.5 million in secured claims, $2.3 million in unsecured “priority” claims, and $3.9 million in unsecured “nonpriority” claims, which include hundreds of consumer claims. Apply 2 Save is not expected to have any money to pay its unsecured creditors.

When a bankruptcy is filed the court enters an “automatic stay” of all pending lawsuits.

Idaho AG’s New Lawsuit:

State of Idaho v. Apply 2 Save, Inc. & Derek R. Oberholtzer

Kootenai County Case No. CV 09-3154
Last Updated: October 27, 2009

Case Status

The Attorney General filed a consumer protection lawsuit against Apply 2 Save and its owner, Derek Oberholtzer, on April 20, 2009. The defendants answered the complaint on July 8, 2009. The litigation process, including written discovery between the parties, is ongoing. The court has not set a trial a date.

To follow the progress of the case, please visit www.idcourts.us, and click on “Case Number Search.” Type “2009” in the “Case Year” box and “3154” in the “Case Number” box. Scroll down to “Kootenai” in the “County” box, and click “Search.” You will pull up a screen listing all of the documents filed to date in the case and showing any pending motions and hearings.

Filing a Complaint

We encourage you to file a complaint if you lost money to Apply 2 Save. Only consumers who file complaints with us will be eligible to receive restitution. Please click here for a complaint form. Return it to our office with copies of any communications that you had with the company, such as e-mails, and all contracts between you and Apply 2 Save.

Legal Assistance

The Attorney General represents the State of Idaho and does not represent individual consumers. If you have questions about filing a private lawsuit against Apply 2 Save, please speak with your attorney. If you do not have an attorney, please contact the Idaho State Bar’s Lawyer Referral Program at (208)334-4500 or visit www.isb.idaho.gov

Pending Bankruptcies

Apply 2 Save, Derek Oberholtzer, and Sleeping Giant Media filed separate bankruptcies last summer. Although the Attorney General’s Office monitors the bankruptcies, it is not a party to them.

From time to time, you may receive notices from the parties’ attorneys in the bankruptcy case. Please keep in mind that these notices are not from the Attorney General, and the Attorney General cannot advise you about what action to take. You must speak with a private attorney for assistance.

Settlement with Steven Curtis Lux

The Attorney General obtained a judgment against Steven Curtis Lux, the vice-president of sales for Apply 2 Save. The judgment required him to pay a small portion of restitution to our office to reimburse the consumers that Apply 2 Save victimized. Once the state court case against Apply 2 Save and Derek Oberholtzer is resolved, the Attorney General will distribute restitution to eligible consumers.

Mortgage Loan Issues

If you are experiencing difficulties paying your mortgage or have questions about avoiding or stopping a foreclosure, please visit your attorney general’s website for information about state and local foreclosure-prevention resources. You also can speak with a HUD-approved housing counselor in your area by calling (888)995-HOPE. HUD-approved housing counselors have specialized knowledge and experience in negotiating modifications and finding solutions to foreclosure. Additionally, the Making Home Affordable program also is available to eligible homeowners. Making Home Affordable is a federal program that allows consumers with Freddie-Mac or Fannie-Mae mortgage loans to restructure their loans to make them more affordable. For information about this program and to find out if your loan qualifies, please visit www.makinghomeaffordable.gov.

Idaho residents are encouraged to review the Attorney General’s new manuals Foreclosure Prevention and Foreclosure Scams: How to Tell the Difference and Buying a Home, both of which are available on the Attorney General’s website.

Source: Idaho AG

Other internet reports on Apply 2 Save:

• Idaho wants Apply 2 Save shut down | Spokesman.com | Apr 23, 2009
• Apply 2 Save Inc. Bankruptcy Case
• Apply2Save loses BBB accreditation | Spokesman.com | Mar 26, 2009
• APPLY 2 SAVE, INC., DEREK OBERHOLTZER, and TRAPPER FISHBECK …

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