Legal aid offices and senior advocates with general questions regarding the content of the Loan Modification Fraud webinar or general questions regarding filing consumer complaints may contact Robin Gysin, Coordinator of Santa Cruz County District Attorney's Office Division of Consumer Affairs at robin.gysin@co.santa-cruz.ca.us.

Please note that Robin has provided her address for questions regarding the webinar, Robin cannot accept consumer complaints not involving Santa Cruz County.

Attendees with questions about collaboration between legal aid and public agencies may also contact Henry Martin, Watsonville Law Center, henrym@watsonvillelawcenter.org.

Loan Modification Scams - Filing a Law Enforcement or Public Agency Complaint

Filing a Consumer Complaint

Use the agency's own form, if they have one, and include:

• Contact information for consumer and business. Provide name and job title of each employee involved in the fraud.
• Copies of any signed contract and any letters written or received.
• Copies of any print ads or mailer. If it was a TV or radio ad, what were the promises? When and where did the advertisement run?
• Copies of checks, front and back, and receipts or other proof of payment.

Provide a chronological summary of the complaint including:

• Provide detailed information starting with date of first contact.
• Provide names and representations by each employee.
• Where did conversations occur? In home? In a business office?
• What did they promise?
• When did they promise results? What were the results?
• Did you request a refund? Verbally? Written?
• What misrepresentations were made? How did they break the agreement?
• When did you last contact the company? Results?
• What outcome are you seeking as a result of this complaint?

Who to Complain To

County District Attorney Consumer Affairs Office Complaint Process

Usually you must file the consumer complaint in the County where the consumer resides or in the County where the business is located.

Most County District Attorney Offices have staff who receive consumer complaints.
Some (but not all) District Attorney Offices will have a separate Division of Consumer Affairs to received and investigate consumer complaints.
Some (but not all) District Attorney Offices will have their own complaint forms and instructions for filing a consumer complaint.

California Attorney General

http://ag.ca.gov/contact/complaint_form.php?cmplt=CL

The AG compiles complaints and sues loan modification companies with large complaint numbers. They do not necessarily obtain restitution for consumers.

California State Bar

http://www.calbar.ca.gov/Attorneys/LawyerRegulation.aspx

The California Bar has disbarred attorneys who engaged in loan modification fraud. Consumers, in some cases, may apply to a restitution fund.

California Department of Real Estate

http://www.dre.ca.gov/cons_complaint.html

It is important to file a complaint with this licensing agency anytime a broker or agent is involved. After investigation they could pull the license or begin disciplinary action. They may refer some cases to the DA for prosecution.

More information about the DRE Recovery Account is located at: www.dre.ca.gov/cons_recovery_acct.html

Additional information about Foreclosure and Loan Modification Scams is available in online video at:

http://www.watsonvillelawcenter.org/index.php?p=1_26

Small Claims

A comprehensive guide to Small Claims self-help resources, including common judicial council forms, is available at:

http://www.courts.ca.gov/selfhelp-smallclaims.htm

A consumer's guide to using Small Claims is also available online and in printable form from the California Department of Consumer Affairs at:

www.dca.ca.gov/publications/small_claims/index.shtml