11. “Individual Defendants” means Ahron E. Henoch; Ezra Rishty; and Casey Lynn Cohen, a/k/a Casey Lynn Collins.
12. “Loan Modification Defendants” means Loan Modification Corporate Defendant and Ezra Rishty and Casey Lynn Cohen, a/k/a Casey Lynn Collins. “Loan Modification Corporate Defendant’ means the Loan Modification Team Ltd., and its successors and assigns.
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13. “Material Fact” means any fact that is likely to affect a person’s choice of, or conduct regarding, goods or services.
14. “Mortgage Loan Modification or Foreclosure Relief Service” means any good, service, plan, or program that is represented, expressly or by implication, to assist a consumer in any manner to (A) stop, prevent, or postpone any home mortgage or deed of trust foreclosure sale; (B) obtain or arrange a modification of any term ofa home loan, deed of trust, or mortgage;
(C) obtain any forbearance from any mortgage loan holder or Servicer; (D) exercise any right of reinstatement of any mortgage loan; (E) obtain, arrange, or attempt to obtain or arrange any extension of the period within which the owner of property sold at foreclosure may cure his or her default or reinstate his or her obligation; (F) obtain any waiver of an acceleration clause contained in any promissory note or contract secured by a deed of trust or mortgage on a residence in foreclosure or contained in that deed of trust; (G) obtain a loan or advance of funds that is connected to the consumer’s home ownership; (H) avoid or ameliorate the impairment of the consumer’s credit record, credit history, or credit rating that is connected to the consumer’s home ownership; (I) save the consumer’s residence from foreclosure; (J) assist the consumer in obtaining proceeds from the foreclosure sale of the consumer’s residence; (K) obtain or arrange a pre-foreclosure sale, short sale, or deed-in-lieu of foreclosure; (L) obtain or arrange a
refinancing, recapitalization, or reinstatement of a home loan, deed of trust, or mortgage; (M) audit or examine a consumer’s mortgage or home loan application; or (N) obtain, arrange, or attempt to obtain or arrange any extension of the period within which the renter of property sold at foreclosure may continue to occupy the property. The foregoing shall include any manner of
claimed assistance, including, but not limited to, debt, Credit, budget, or financial counseling;
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receiving money for the purpose of distributing it to creditors; contacting creditors or Servicers
on behalf of the consumer; and giving advice of any kind with respect to filing for bankruptcy.
15. “Person” means a natural person, organization, or other legal entity, including a corporation, partnership, proprietorship, association, cooperative, or any other group or combination acting as an entity.
16. “Servicer” means any beneficiary, mortgagee, trustee, loan servicer, loan holder, or other entity that performs loan or Credit account administration or processing services and/or its authorized agents.
I. BAN ON MORTGAGE LOAN MODIFICATION AND FORECLOSURE RELIEF SERVICES IT IS THEREFORE ORDERED that the Individual Defendants and the Loan Modification Corporate Defendant, whether acting directly or through any other Person, are
permanently restrained and enjoined from:
A. advertising, marketing, promoting, offering for sale, or selling any Mortgage Loan Modification or Foreclosure Relief Service; and
B. Assisting Others engaged in advertising, marketing, promoting, offering for sale, or selling any Mortgage Loan Modification or Foreclosure Relief Service.