. . . ' .. , ..

STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS

OFFICE OF THE ATTORNEY GENERAL

IN THE MATTER OF: ASSET MANAGING GROUP, INC. and PAUL MOISE

Attorney General Case No. L 13-3-1040

ASSURANCE OF VOLUNTARY COMPLIANCE

Pursuant to the Florida Deceptive and Unfair Trade Practices Act, Chapter 501 , Part II,

Florida Statutes (2014), the STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL,

("the Attorney General") investigated certain business practices by ASSET MANAGING

GROUP, INC. ("AMG"), a Florida corporation having its principal place of business located at

435 Clark Road #403, Jacksonville, Florida 32218, and having Mr. Paul Moise ("Mr. Moise") as

its president at the same address.

For the purpose of resolving the Matters Investigated, AMG and Mr. Moise are now

prepared to enter into this Assurance of Voluntary Compliance ("AVC") pursuant to Florida

Statutes Section 501.207(6). By signing this AVC, AMG and Mr. Moise do not admit any of the

alleged facts or any violation of any law, regulation or rule, AMG and Mr. Moise expressly

reserve all rights and defenses available to them, and AMG and Mr. Moise enter into this AVC

solely for the purpose of resolving the investigation. Pursuant to Section 501.207(6), Florida

Statutes (2014), the Deputy Attorney General accepts this AVC in termination and full and final

resolution of the investigation.

MATTERS INVESTIGATED

1. AMG was formed by Mr. Moise in 2006.

...

2. Between 2010 and 2013, AMG marketed its services to consumers through its

own website, by telephone and other methods of promotion.

3. Among other services offered to consumers by AMG between 2010 and 2013

were "foreclosure rescue" or mortgage refinancing services designed to save homeowners from

having their home mortgage loans foreclosed by lenders.

4. Contrary to Florida Statutes Sections 494.00296(1)(c) and 501.1377(3)(b), AMG

charged and accepted fees from consumers for "foreclosure rescue" and mortgage refinancing

services before providing such services. According to information obtained by the Attorney

General during the course of her investigation of AMG, AMG accepted approximately

$23,099.00 from approximately 17 consumers in this manner.

5. The Attorney General has received complaints about AMG's business practices

from consumers who contacted the Attorney General's Office of Citizen Services, the Better

Business Bureau, the Department of Agriculture and Consumer Services, and the Federal Trade

Commission.

IT IS HEREBY AGREED BY THE PARTIES:

COMPLIANCE

6. AMG and Mr. Moise shall comply in the future with the Florida Deceptive and

Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes (2014).

7. AMG and Mr. Moise shall not own or operate any business that performs

mortgage refinancing or foreclosure rescue services within the State of Florida.

8. AMG and Mr. Moise shall mail a Notice of Settlement, attached hereto as

Attachment A, and a Claim Form/Declaration, attached hereto as Attachment B, to all consumers

\' .•

who paid fees up front to AMG for foreclosure rescue or mortgage refinancing services during

the period from January 1, 2010 through the date of execution of this AVC, whose names and

addresses are reflected on Attachment C hereto.

Within thirty (30) days after the execution of this A VC by AMG and Mr. Moise, AMG

and Mr. Moise shall mail the Notice of Settlement and Claim Form/Declaration by first class

mail in envelopes marked on the front in 14-point type, "Claim Form from Asset Managing

Group and Paul Moise" to those consumers whose names and addresses are reflected on

Attachment C hereto. Consumers who receive the Claim Form/Declaration will have sixty (60)

days in which to respond to the form and to file a claim. At the expiration of such sixty (60) day

period, the Attorney General will provide AMG and Mr. Moise with the identity of those

consumers who have filed claims, the nature of the claims and the amount of the claims. AMG

and Mr. Moise, if they choose to do so, may within ten (10) days after being provided with this

notification of claims by the Attorney General, provide additional information from their records

and files regarding such claims.

9. If additional AMG customers believe that they meet the conditions of Paragraph 8

and contact either AMG or the Attorney General to make a claim hereunder, such customers

shall be provided with a Claim Form/Declaration and be subject to the same procedures, time

periods and process described in Paragraph 8 hereof.

10. AMG and Mr. Moise will pay all consumers who have filed claims in accordance

with Paragraphs 8 and 9 above whose claims have been considered and deemed to be valid by

the Attorney General. Such payment shall be made within 30 days after the Attorney General

has provided AMG and Mr. Moise with the names, addresses and amounts that should be paid to

consumers under Paragraphs 8 and 9 herein.

.... _.

11. As reimbursement for the Attorney General's legal fees, costs of investigation,

and costs of monitoring the performance of their obligations under this AVC, pursuant to Florida

Statutes Section 501.207(6)(2014), AMG and Mr. Moise agree to pay the sum of Thirty

Thousand Dollars ($30,000.00) by check made out to the Attorney General's Revolving Trust

Account. Such payment shall be sent to Gerald Johnson, Business Manager, Consumer

Protection Division, Office of the Attorney General, The Capitol, PL-01, Tallahassee, Florida,

32399-1050 within one hundred eighty (180) days of the execution of this A VC; PROVIDED,

HOWEVER, that if AMG and Mr. Moise fully, timely and completely comply with their

obligations under Paragraphs 8, 9 and 10 of this A VC, the Attorney General suspends her claim

for Twenty Five Thousand Dollars ($25,000.00) of attorney fees and costs related to the acts and

practices at issue, thus reducing the total amount owed by AMG and Mr. Moise pursuant to this

Paragraph to Five Thousand Dollars ($5,000.00). Should AMG and Mr. Moise not fully, timely

and completely comply with their obligations under Paragraphs 8, 9 and 10 of this AVC, they

will owe the Attorney General the full amount of the attorney's fees and costs provided under

this Paragraph--Thirty Thousand Dollars ($30,000.00). The first payment of 50% of the

attorneys fees provided hereunder shall be made within 180 days of the execution of this A VC

by Mr. Moise, and the second 50% payment will be made on or before February 28, 2016.

MISCELLANEOUS PROVISIONS

12. It is further agreed that any failure to comply with the terms of this A VC is by

statute primafacie evidence of a violation of Chapter 501, Part II, Florida Statutes (2014), and

shall subject AMG and Mr. Moise to any and all civil penalties and sanctions authorized by law,

including attorney's fees and costs, as may be determined by a court of law.

13. AMG and Mr. Moise shall not represent directly or indirectly that the Attorney

General has approved any of their business practices.

14. Nothing in this A VC limits the Attorney General's ability to investigate and take

action regarding any business practices by AMG or Mr. Moise regardless of when such business

practices occurred.

15. This AVC shall become effective upon its execution by AMG, Mr. Moise and the

Deputy Attorney General, and shall remain in effect until modified or rescinded in writing by the

Attorney General.

16. This A VC is not intended for use by any third party in any other proceeding and is

not intended, and should not be construed, as an admission of liability by AMG or Mr. Moise.

17. This AVC shall bind AMG and Mr. Moise and their officers, directors,

employees, representatives, agents, managers and any persons operating under the control or

direction of any such person, and shall likewise be binding upon any other business entity run,

managed, operated by, owned by, or under common ownership with AMG or Mr. Moise.

18. AMG shall not effect any change in its way of doing business or corporate form

or organizational identity so as to avoid compliance with the terms and conditions set forth in

this AVC.

19. AMG shall make the terms and conditions of this AVC known to its officers,

directors, managers, representatives, agents, affiliates, employees, successors and assigns within

thirty (30) days of the execution of this AVC.

....

FOR ASSET MANAGING GROUP, INC.:

PAUL MOISE, PRESIDENT

ST A TE OF FLORIDA

COUNTY OF (\vv~ \

BEFORE ME, an officer duty authorized to take acknowledgments in the State of Florida personally appeared PAUL MOISE, as the President of Asset Managing Group, Inc., and duly authorized representative of Asset Managing Group, Inc., and acknowledged before me that he executed the foregoing instrument for the purposes therein stated, on this ~ day of d v\d- 2015.

Personally Known __ or Produced Identification L Type of Identification Produced:

l1 l;>v. K

PA UL MOISE, individually:

Paul Moise

ST ATE OF FLORIDA

COUNTY OF l)u \J 6-\

~Lo(ary Public (signature)

(print, type or stamp commissioned name of Notary)

BEFORE ME, an officer duty authorized to take acknowledgments in the State of Florida personally appeared Paul Moise, and acknowledged before me that he executed the foregoing instrument for the purposes therein stated, on this Z '-/ day of :::;u ~1 e__ 2015.

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Personally Known __ Olj

Produced Identification / Type of Identification Produced:

J~/o~ NUary Public (signature)

(print, type or stamp commissioned name of Notary)

FOR THE OFFICE OF THE ATTORNEY GENERAL:

ACCEPTED this z.,o( day of _ _.~'-"l1.....__f vr----- 2015. I

STEVEWGARD SENIOR ASSIST ANT A!TTORNEY GENERAL

I

OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS 1300 Riverplace Blvd., Ste. 405 Jacksonville, Florida 32207 904-348-2720

ICHARD LAWSON DIRECTOR CONSUMER PROTECTION DIVISION DEPARTMENT OF LEGAL AFFAIRS OFFICE OF THE ATTORNEY GENERAL The Capitol, PL-01 Tallahassee, Florida 32399-1050 850-414-3600

(ATTACHMENT A]

[ASSET MANAGING GROUP LETTERHEAD] (DATE] [NAME AND ADDRESS OF CONSUMER]

The Florida Attorney General and Asset Managing Group have entered into an agreement to resolve an ongoing investigation into the business practices of Asset Managing Group. Asset Managing Group has agreed to provide refunds to consumers who qualify. Qualifying consumers are those who paid Asset Managing Group fees for foreclosure rescue services or mortgage refinance services before such services were provided. If you feel that you may be entitled to a refund, please fill out and return the enclosed Claim Form/ Declaration along with any supporting documentation within sixty (60) days."

Please review the enclosed Claim Form/Declaration to determine whether you are eligible for compensation. If you believe that you are, complete and sign the form and return it with any documentation to support your claim and send it POSTMARKED NO LATER THAN 60 DAYS FROM THE DATE OF THIS NOTICE (date] to:

Steven Gard, Senior Assistant Attorney General 1300 Riverplace Blvd. Ste. 405 Jacksonville, Florida 32207

Sincerely yours,

Paul Moise

IN THE MATTER OF:

[ATTACHMENT B]

STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS

OFFICE OF THE ATTORNEY GENERAL

ASSET MANAGING GROUP, INC. and PAUL MOISE Attorney General Case No. L 13-3-1040

ASSET MANAGING GROUP, INC. CLAIM FORM/DECLARATION

Please complete the following:

NAME _________________________ ~

ADDRESS ---------------------------------TELEPHONE NUMBERS

-------------------------~

EMAILADDRESS~---------------------­CHECK ALL OF THE FOLLOWING THAT APPLY TO YOU:

__ ( 1) I certify that I paid Asset Managing Group, Inc. $ ______ for foreclosure rescue or mortgage refinancing services on or about , 20 __ .

(2) I certify that I have not received a refund from Asset Managing Group, Inc. or a credit to my credit card account resulting from a claim made by me relating to (1) above.

(3) I certify that I have attached to this claim form documents suppmting my claim made under (1) above.

I agree that in exchange for a refund from Asset Managing Group, Inc, I hereby release Asset Managing Group, Inc., its affiliates, assigns, parent companies, subsidiaries, members, officers, directors, employees and representatives from any claims that could be brought by me in connection with any loss or damage suffered by me as a result of any occurrences described on this claim form, effective immediately upon cashing by me of the refund check.

I agree to the foregoing release and fmther affirm that the representations made herein are true and provide my signature pursuant to the provisions of Florida Statute Section 83 7 .06. *

(Your signature)

The Office of the Attorney General reserves the right to request additional information. *Section 837.06: "False official statements. Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 ors. 775.083."