IIIIIIIIIIWIIIlllllllllllllllllllll

IN THE CIRCUIT COURT OF TH FIFTEENTH JUDICIAL CIRCUIT IN AND FOR BROW A COUNTY;FLORIDA

OFFICE OF THE ATTORNEY GENERAL, DEPARTMEl\'T OF LEGAL AFFAIRS, STATE OF FLORIDA,

.Plaintiff, vs.

Case No.:

LOAN SOLUTIONS, LLC, A Florida Limite Liability Company, and AARON CUSHMAN, Individually- and a Officer/Director of Loan Solutions, l.LC

Defendants.

------------------------------~' CONSENT FIN JUDGMENT

Al1

THIS CONSENT FINAL JUDGMENT was entered upon stipulation between Plaintiff,

OFFICE OF THE ATfORNEY GENERAL, D PARTMENT OF LEGAL AFFAIRS, STATE

OF FLORIDA, (hereinafter referred to as the 'ATTOR."iEY GENERAL"), located at 15 IS

North Flagler Drive, 9ih Floor, West Palm Beach, FL 33401, and Defendants, LOAN

SOLUTIONS, LLC ("LOAN SOLUTIONS") and AARON CUSHMAl'l (''CUSHMAN"),

located at 13295 US Hwy #I; Suite 302, Juno B ch, FL 33408 (hereinafter jointly referred to as

"DEFENDANTS"). All parties have consented in writing to the jurisdiction of this Court and

hereby consent to the relief provided by this orde .

By express written consent of the afore entioned Defendants, this CoUtt does ORDER

AND ADJUDGE:

I. .JURISDICTI N AND VENUE

CFN 20130046714, OR BK 25756 PG 691 ,RECORDED 01/30/2013 17:14:25

0"1 (,oj" !:.,;r '\.

Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, NUM OF PAGES 12

l. This action commenced pursuan to Florida Deceptive and Unfair Trade Practices

Act, (hereinafter "FDUTPA") Chapter 50 I, Part II.

2. The complaint arose from investigation wherein the ATTORNEY

GENERAL, an agency of the state and the enfi rcing authority under the Florida Deceptive and

Unfair Trade Practices Act ("FDUTPA"), Flor· a Statutes Section 501.201 et seq., determined

that an enforcement action served the public in erest The ATTORNEY GENERAL had full

authority to bring this action.

3. This Court has jurisdiction over e subject matter of this action pursuant to the

provisions of FDUTP A. At all pertinent times, DEFENDANTS' businesses are and have been

located in Palm Beach County and CUSHMAN esides in Palm Beach County, Florida.

4. The award of injunctive relief an other equitable relief is within the jurisdiction

of the Circuit Court and the amounts in contr versy meet the jurisdictional threshold of the

Circuit Court.

Venue is proper in Palm Beach C unty, Florida. 5.

6. DEFEl'ollANTS, at all times ich are material hereto, solicited consumers

within the definitions of Section 50 1.203(7), Flo

7. DEFENDANTS, at aU times . aterial hereto, provided goods or services as

defined within Section 50 1.203(8), Florida Statu es, within the State of .Florida and Palm Beach

County.

8. Defendants, at all times material hereto, were engaged in a trade or commerce

within the definition of Section 50 1.203(8), Flori a Statutes.

9. CUSHMAN is over the age of tw nty one.

11. CUSHMAN, at all pertinent time , and as such, owned, managed, controlled the

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CFN 20130048714 BOOK 25756 PAGE692, 20F 12

daily operations and/or was the Registered Age · of LOAN SOLUTIONS.

II. SCOPE OF CONSEN JUDGMENT AND RELEASES

12. The ATTORNEY GENERAL acknowledges by execution hereof that this

Consent Final Judgment constitutes a complete ettlement and release of all of the ATTORNEY

GENERAL's civil claims against DEFEN ANTS, which claims were asserted in the

Complaint filed in this case. The ATTORNEY ENERAL agrees that it shall not proceed with

or institute any civil action or proceeding w ch is inconsistent with the provisions of this

Consent Final Judgment.

13. This Consent Final Judgment all not be construed as, nor deemed to be

evidence of, an admission or concession on the art of DEFENDANT of any liability, guilt, or

wrongdoing, which is hereby expressly denied a d disclaimed by DEFENDANT.

14. Nothing herein constitutes appr val by the ATTORNEY GENERAL of any

person or corporation's past or future business practices. DEFENDANT shall not make any

representation contrary to this paragraph.

15. Final judgment is hereby entered in favor of the Department and against LOAN

SOLUTIONS and CUSHMAN, jointly and everally, for violation of the Assurance of

Voluntary Compliance executed by DEFENDA1 'TS and dated October 20, 2010 as well as the

Florida Deceptive and Unfair Trade Practices A t, Florida Statutes, Section 501.201 er seq. for

acts and practices relating to charging upfront fe for loan modifications and foreclosure-related

rescue services in the State of Florida to onsumers that were unfair, deceptive and

unconscionable.

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CFN 20130046714 BOOK 25756 PAGE693, 30F 12

16. The purpose of the Florida Deceptive and Unfair Trade Practices Act

("FDUTPA") is to "protect the consuming pub! c and legitimate business enterprises fwm those

who engage in unfair methods of competition, or unconscionable, deceptive, or unfair acts or

practices in the conduct of any trade or comm · rce." §50 1.202(2), Fla. Stat. To that end, the

Court hereby permanently and immediately enj ins DEFENDANTS, as well as their officers,

agents, servants, employees, attorneys, successo s and assigns, as well as those persons in active

concert or participation with them who receive ctual notice of this Order, directly or indirectly,

from the following:

a) Violating the Florida D ceptive and Unfair Trade Practices Act, as

contained in Chapter 50 , Part II, FLA. STAT. (2009), Florida Statute

Section 501.1377, Foreclo ure Rescue Fraud Prevention Act; Chapter 494,

FLA. STAT. (2009), Mort age Brokerage and Mortgage Lending; and/or

Florida Statute Section 81 .41, regarding Misleading Advertising.

16. Further, DEFENDANTS are i mediately and permanently enjoined from

marketing, advertising, offering, seiling or provid ng any foreclosure-related rescue services as

defmed in FLA. STAT.§ 50l.l377(2)(c)(l)-(2) an or any loan modification services regulated by

FLA. STAT. § 494.00296, or engaging in any w rk connected in any manner with foreclosure­

related rescue services as defined in FLA. STAT. s 501.1377(2)(c)(l)-(2) and/or loan modification

services regulated by FLA. STAT.§ 494.00296.

17. DEFENDANTS are immediately and permanently enjoined from soliciting and/or

accepting funds from Florida consumers, making t lephone sales calls and/or the accepting contracts

from consumers involving foreclosure-related rescue ervices or loan modification services.

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CFN 20130046714 BOOK25756 PAGE 694,4 OF 12

18. DEFENDANTS will not affec any change in the form of doing business or

organizational identity as a method of avoidi g the terms and conditions set forth in this

Consent Final Judgment.

19. This Consent Final Judgmen shall apply to and continuously bind

DEFENDANTS and their affiliated entities, successors, assigns and each of their officers,

directors, agents, servants, employees, and in-ho se attorneys, whether acting directly or through

any corporation, subsidiary, division, or othere

JV. MONET

20. The parties agree that DEF NDANTS shall pay the sum of NINETEEN

THOUSAND EIGI-IT HUNDRED AND 00/10 DOLLARS ($19,800.00), by certified check

made payable to Department of Legal Affair Revolving Trust Fund, pursuant to Section

501.207(6), Florida Statutes, in payment of alll gal fees, costs and investigative fees and futw-e

attorneys' fees regarding this investigation ("C mpensatory Amount"). A down payment of

THREE THOUSAND THREE HUNDRED D 001100 DOLLARS ($3,300.00} shall be

delivered to Assistant Attorney General, Kathe ne Kiziah, with the original partially executed

Consent Final Judgment at the Office of the Atto ey General at 1515 North Flagler Drive, Suite

900, West Palm Beach, Florida 33401. Ther fter, DEFENDANTS shall pay eleven (I 0)

monthly payments of ONE THOUSAND SIX HUNDRED FIFTY AND 00/100 DOLLARS

($1,650.00), the first payment to be made on or before February 28, 2013 and each subsequent

payment to be made on or before the last day of e following month.

2 1 . As a result of LOAN SOLUTIO and CUSHMAN'S violations of the October

20, 2010 Assurance of Voluntary Compliance, EFENDANTS are jointly and severally liable

for civil penalties of TWO HUNDRED THOU AND AND 001100 DOLLARS ($200,000.00)

("Penalty Amount,), whlch shall bear interest at he rate of six percent (6%) per year, for which

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CFN20130046714 BOOK25756 PAGE 695,5 OF 12

let execution issue forthwith. The ATTORNE GENERAL agrees to release DEFENDANTS'

liability for the Penalty Amount only follow· g ninety-one (91) days after full and timely

satisfaction of all conditions of payment of e Compensatory Amount by DEFENDANTS.

DEFENDANTS remain liable for payment of the Penalty Amount until such time as

DEFENDANTS make complete payment of the Compensatory Amount.

v.

22. From the date of Consent Final Judgment by

DEFENDANTS, all of DEFENDANTS' reco s must be retained for a minimum of two (2)

years. DEFENDANTS shall maintain and rna e available to the ATTORNEY GENERAL'S

representative, upon written request, all books, records and other documents which reflect the

implementation of the terms of this Consent Fin Judgment and compliance with its terms. Any

such records requested by the ATTORNEY G 1\~RAL shall be made available for inspection

within twenty (20} business days of CUSHMA 'S receipt of the request. The DEFENDANTS

shall honor any request from the A TTORNE GENERAL to make such records available

without legal process.

VIOLATIONS

23. Notwithstanding any other provis ·on of this Consent Final Judgment, the parties

further recognize that future violations of this C sent Final Judgment or of Chapter 501, Part II,

Florida Statutes, may subject DEFENDANTS their officers, directors and employees to any

and all civil penalties and sanctions provided by aw, including attorney's fees and costs.

24. Any failure to comply with the te sand conditions of this Judgment is by statute

prima fitcie evidence of a violation of Chapter 501, Part II, Florida Statutes, and will subject

DEFENDANTS to any and all civil penaltie and sanctions authorized by law, including

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CFN 20130046714 BODK25756 PAGE 696,6 OF 12

attorney's fees and costs. In the event tha a court of competent jurisdiction makes a

determination that a violation of any provision f this judgment has occurred, then Respondents

shall be jointly and severally liable for an a "tional $500,000.00 (Five Hundred Thousand

Dollars) in civil penalties, in addition to any ad "tional1y awarded attorneys' fees and costs, and

other relief, as allowed by law. The Departmen reserves the right to seek Chapter 501 penalties

for any future violation(s) of Chapter 501, Part I , Florida Statutes.

VII. CREDIT REPORT AUTH RIZATIONIFINANCIAL DISCLOSURE

25. CUSHMAN shall complete and ign a Credit Report Authorization and Release

Form provided by the Office of the Attorney G neral and shall return the aforementioned Fonn

with this signed and notarized Consent Final Jud ment. CUSHMA:.'J shall grant authorization to

the Economic Crimes Division, Office of the ttorney General of Florida, to obtain periodic

standard factual data credit reports through credit reporting agencies (i.e., EXPERIA.I."'I,

EQUIFAX and TRANSUNION) for the time pe iod that any balance on the debt is outstanding.

This authorization shall remain in effect until su h time that the full terms of this Final Consent

Judgment or any Consent Agreement(s) and/or fj ure Final Judgment(s) are fulfilled.

26. CUSHMAN shall complete und r oath Florida Rule of Civil Procedure Form

1.977 (Fact Information Sheet), including all required attachments, and serve it on the

ATTORNEY GENERAL, within 30 days from the date of this Judgment, unless the Judgment

is satisfied or post-judgment discovery is stay d. Failure to comply with this section shall

constitute a violation of this Consent Final Judg ent and may subject DEFENDANTS to any

and aU penalties set forth herein.

VIII. MISCELLAN • OUS PROVISIONS

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CFN 20130046714 BOOK25756 PAGE 697,7 OF 12

27. Nothing herein shall be constru d as a waiver of any private rights, causes of

action, or remedies of any private person, bu iness, corporation, government or legal entity

against the DEFENDANTS. Similarly, nothin contained herein shall waive the right of the

DEFENDANTS to assert any lawful defenses i response to a claim of a consumer.

28. ·n1e ATTORNEY GENERAL eserves the right to seck Chapter 501 penalties

for any future violation(s) of Chapter 501, Part I ;' Florida Statutes.

29. Notwithstanding any other provis)on of this Consent Decree, nothing herein shall

be construed to impair, compromise or affect an I right of any government agency other than the

30. Jurisdiction is retained for the pu ose of enabling any party to this Consent Final

Judgment to apply to the Court at any time for such further orders and directions as might be

necessary or appropriate for the modification, c nstruction, or implementation of the injunctive

provisions of this Consent Final Judgment, or, fc r the enforcement and punishment of violations

of any provisions hereof. The parties by stipula on may agree to a modification of this Consent

Final Judgment, which agreement shall be pres nted to this Court for consideration, provided

that the parties may jointly agree to a modificati n only by a written instrument signed by or on

behalf of both the ATTORNEY GENERAL an DEFENDANTS.

31. Notwithstanding the foregoing, e ATTORNEY GENERAL may institute an

. action or proceeding to enforce the terms and p ovisions of this Consent Final Judgment or to

take action based on future conduct by the DEF NDANTS. The fact that such conduct was not

expressly prohibited by the tetms of this Consen Final Judgment shall not be a defense to any

such enforcement action.

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CFN 20130046714 BOOK 25756 PAGE698, 8 OF 12

32. Nothing in this Consent Final Ju gment will be construed to limit the authority of

the ATTORNEY GENERAL to protect the int rests of the State of Florida or the people of the

State of Florida. Accordingly, nothing herein r ieves DEFENDANTS of his continuing duty to

comply with applicable laws of the State o Florida nor constitutes authorization by the

ATTORNEY GENERAL for DEFENDANT to engage in acts and practices prohibited by

such laws. This Consent Final Judgment shall b governed by laws of the State of Florida.

33. This Consent Final Judgment wi 1 not be effective until executed by Patricia A.

Conners, Associate Deputy Attorney General, r her designee, at the signature line indicated

below.

34. The parties jointly participated m the negotiation of the terms which are

articulated within this Consent Final Judgment. No provision of this Consent Final Judgment

shall be construed for or against either party on he grounds that one party or another was more

heavily involved in the preparation of the Co sent Final Judgment, or had control over the

provisions included.

35. This document is signed in anti ipation of the Consent Final Judgment being

submitted to the Court for approval, without nee ssity of hearing, which is hereby WAIVED by

aU parties.

The signatures below indicate the parties' consent and agreement to this Consent

Final Judgment.

BY MY SIGNATURE, at I am acting in my capacity and 'IIVithin my

authority as a Principal Owner, and in my indiv dual capacity, and that by my signature I am

binding myself and the business to the terms and onditions ofthis Consent Final Judgment.

SIGNATURES ON FOLLOWING PA E.

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CFN 20130046714 BOOK25756 PAGE699. 9 OF 12

aron Cushman, Authorized agent and Owner of Loan Soluti ns, LLC

STATE OF FLORIDA ) COUNTY OF BR:O\'MRD ~ J..frcttU.

BEFORE ME, an officer duly authorized to take acknowledgments in the State of Florida, Aaron Cushman, personally appeared, a authorized agent of the designated entities. He acknowledged before me that he executed the fo egoing instrument for the purposes therein stated on the~ day of ~ AV\v.(l , 2013. .

Subscribed to before tne this J.. day of ) "'- 11\."o.t l, 2013.

NOTA

(print, type, or stamp commiss oned Notary Publ'c)

Personally known _X_ or Produced Identificati n ____ (check one)

Type of Identification Produced: _____ -+----

CFN 20130046714 BOOK25756 PAGE 700, 10 OF 12

· ~-$.~'~:··· Jeremy Soffler

'~·;&··~~COMMISSION #EE169879

tOiZiEXPIRES: FEB. 15,20f .,~r.,r.;,.•• VNIW .AARONNOTAR't::llm

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STATE OF FLORlDA ) COUNTY OF BRQWA_,RD~\~6~~

BEFORE ME, an officer duly to take acknowledgments in the State of Florida, Aaron Cushman, personally appeared, authorized agent of the designated entities. He acknowledged before me that he executed the tot•;:gom' ts:t instrument for the purposes therein stated on the~ day of ~"Uor, , 2013.

Subscribed to before me this .J .. 1MI .... , , 2013.

NOTARY

(print, type, or stamp

Personally known~ or Produced

Type of Identification Produced:·------+----

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CFN 20130046714 BOOK 25756 PAGE 701, 1 t OF 12

OFFICE OF THE ATTORNEY GENERAL

Ka erine · z1ah, Fl rida Bar No. 17 585 Assistant Attorney General 1515 North Flagler Drive, Suite 900 West Palm Beach, FL 33401 (561) 837-5000 (561) 837-5109 Facsimile

Dated: II 0<3/ { 3

By: A k---Patricia A. Conners Associate Deputy Attorney General Department of Legal Affairs Office of The Attorney General The Capitol Tallahassee, FL 32399-1050 (850} 245-0140

Dated: I/ .23/!3

SO ORDERED. Approved and Entered

J5dayof~2013

Copies: All counsel of record

Chambers in Palm Beach County, Florida this

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I hereby certify that the foregoing is a true copy of the cord in my offic this day, Jan 31,2013. Sharon R. ock , Cle rcuit urt, Palm Beach County, Florida BY Deputy Clerk