Consumer complaint received 2025-11-18 00:00:00
Product: Mortgage — Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage — Confusing or misleading advertising or marketing
Company: BROKER SOLUTIONS, INC.
State: FL

Complaint narrative:
XXXX XXXX XXXX, XXXX. 
XXXX XXXX XXXX XXXX, Unit XXXX XXXX XXXX FL XXXX XX/XX/XXXX VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND ELECTRONIC DELIVERY XXXX XXXXXXXX XXXX XXXX Attention : XXXX Department XXXX XXXX XXXX, XXXX XXXX XXXX, CA XXXX RE : DEMAND FOR IMMEDIATE RELIEF AND FULL RESTITUTION Client : XXXX XXXX XXXX : XXXX XXXX XXXX XXXX, XXXX XXXX, FL XXXX Loan No. : XXXX NOTICE OF INTENT TO SUE FRAUDULENT MISREPRESENTATION, FDUTPA VIOLATIONS, MORTGAGE FRAUD, BREACH OF CONTRACT, DETRIMENTAL RELIANCE, AND PREDATORY CONDUCT IN PRESIDENTIAL DISASTER ZONE New American Funding : Take notice that my client, XXXX XXXX, retained me to pursue all available remedies at law and equity, including but not limited to compensatory damages in excess of {>= $1,000,000}, punitive damages, treble damages under FDUTPA, attorneys fees, costs, and immediate injunctive relief to prevent the irreparable destruction of his credit. 


I. UNDISPUTED FACTS ESTABLISHING LIABILITY XXXX. XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX ) rendered the subject property uninhabitable and triggered automatic federal and state protections against adverse credit reporting and foreclosure acceleration. 12 U.S.C. 2605 ( RESPA ) ; 15 U.S.C. 1692 ( FDCPA ) ; Fla. Stat. 501.137 ; XXXX XXXX XXXX XX/XX/XXXX ( XXXX. XXXX ). XXXX XXXX ( XX/XX/XXXX ), activated the State Emergency XXXX XXXX and XXXX mortgage forbearance extensions under Fla. Stat . 252.36. Helene 's protections are codified in HB 1203 ( Ch. 2025-76 ), extending foreclosure stays for disaster victims through XX/XX/XXXX. XXXX XXXX Fundings threats violate 24 C.F.R. 203.606.

2. New American Funding induced entry into the Forbearance Program with explicit oral and written representations that : - No late fees or negative credit reporting would occur ; - A seamless transition to Loan Modification would follow upon submission of all documents prior to forbearance expiration ; and - Upon pro-forma approval into the XXXX XXXX XXXX, payments would be deferred to the back end of the loan to be paid upon sale or by extending the term of the loan. 

XXXX. New American Fundings own representativesconfirmed these terms in numerous communications. Any destruction, alteration, or failure to preserve these documents or recordings will constitute spoliation of evidence and trigger an adverse inference instruction under XXXX XXXX XXXX XXXX XXXX XXXX v. Detzner, 314 So. 3d 737 ( Fla. 1st DCA 2020 ). Additionally, do not destroy any other means of correspondence that were had between New American Funding and my client. Under Fla. R. Civ P. 1.380 and 12 C.F.R. 1024.41 ( RESPA recordkeeping ).

4. The client clarified numerous times when to apply for the Loan Modification Program and was told not to complete the application until the Forbearance Program was about to expire. When that time came, the application was deemed insufficient and New American Funding continued to request unreasonable amounts of additional documentation including wet signatures on DocuSigned documents and requests to resign with a wet signature tax documents that were already submitted to the IRS. Client submitted complete Loan Modification packets prior to forbearance expiration. Client was then informed that the loan would be delinquent, reported to credit agencies, and that this would trigger the foreclosure process.

5. Client was also informed that he would be reported as delinquent for up to five months as the Loan Modification Process moved through completion. Therefore, New American Funding in essence threatened up to five ( 5 ) punitive 30-day late reports and the triggering of the foreclosure process unless client paid {$100000.00} ( {$100000.00} + {$100.00} ) in a lump sumthe exact opposite of every representation made initially and throughout the Forbearance Program.

6. Client possessed a FISCO score of ~850 with zero late mortgage payments in his New American Funding historya fact New American Funding knew and exploited to extract the extortionate payment under duress of property loss. 

XXXX. CAUSES OF ACTION A. Fraudulent XXXX XXXX XXXX XXXX, XXXX So. XXXX XXXX ( XXXX XXXX ) New American Funding made false statements of material fact ( deferred payments, no credit impact, seamless modification ), knowing their falsity, intending reliance, and client justifiably relied to his detriment. 

XXXX XXXX XXXX XXXX, Part XXXX, XXXX XXXX. 
XXXX XXXX XXXX conduct constitutes per se deceptive trade practices under XXXX and mortgage rescue fraud under 501.137 ( 1 ) ( b ). Treble damages mandatory. Carriuolo v. Gen. Motors LLC, 823 F.3d 977 ( 11th Cir. 2016 ).

C. Mortgage Fraud - XXXX XXXX XXXX XXXX XXXX XXXX XXXX  re : forbearance terms meet all elements ; civil penalties up to $ XXXX per violation XXXX Breach of Contract, Promissory Estoppel and Predatory Lending in Disaster Zone Precedent - The Forbearance Agreement and subsequent representations created enforceable obligations. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, 547 So. 2d 919 ( Fla. 1989 ). 
- XXXXXXXX XXXX XXXXXXXX XXXX XXXX v. XXXX, XXXX So. 3d 1059 ( Fla. 4th DCA 2013 ), analogous to post-Irma sanctions. 
- XXXX Bank XXXX XXXX, XXXX So. XXXX. XXXX ( XXXX XXXX XXXX XXXX ), $ XXXX punitives for XXXX reporting abuse. 
- XXXX Bank v. XXXX, XXXX So. XXXX. XXXX ( XXXX XXXX ), - $ XXXX verdict for XXXX XXXX fraud. 
- XXXX XXXX v. XXXX, XXXX XXXX. XXXX ( XXXX XXXX XXXX XXXX ) Punitive damages upheld for credit sabotage after XXXX XXXX. 
- XXXXXXXX XXXX XXXX XXXXXXXX, XXXX XXXX. XXXX ( XXXX Jud XXXX Cir. XXXX ) $ XXXX verdict for post-Ian misrepresentation of modification fraud post-hurricane. 
XXXX Bank XXXX XXXX. v. XXXX, XXXX XXXX. XXXX ( XXXX XXXX XXXX XXXX ) Lender sanctioned for accelerating XXXX despite XXXX forbearance XXXX 

III. DEMANDS NON-NEGOTIABLE Within TEN ( 10 ) CALENDAR DAYS of receipt, New American Funding SHALL : 1. Append the outstanding {$100000.00} ( XX/XX/XXXX payment ) to the loans rear with no interest accrual or penalties ; 2. And apply the {$100000.00} ( XX/XX/XXXX payment ) to all outstanding monthly mortgage payments for the foreseeable future until all proceeds have been exhausted satisfying the required payback amount owed ; 3. Immediately delete all late-payment tradelines from the clients credit reports with Equifax, Experian, and TransUnion ; XXXX. Issue a universal credit repair letter to all bureaus confirming XXXX delinquency or late payments ; XXXX. Pay {$250000.00} in compensatory damages for defamation and credit sabotage ; XXXX. Treble multiplier of ( XXXX ) {$750000.00} XXXX. Pay {$750000.00} in punitive damages for the fraud and emotional distress ; XXXX. Pay all attorneys fees at $ XXXX ( XXXX hours to date = {$38000.00} ) ; XXXX. Execute a stipulated permanent injunction barring credit reporting on the deferred amounts ; XXXX. Preserve and produce all correspondence related to this loanproduction will be compelled via subpoena. 
XXXX. Inclusion of Principal Relief - {$100000.00} TOTAL SETTLEMENT DEMAND : {>= $1,000,000} XXXX. CONSEQUENCES OF NON-COMPLIANCE Failure to comply triggers immediate filing in the XXXX XXXX XXXX XXXX XXXX XXXX XXXX, seeking : - Temporary injunction freezing all credit reporting and foreclosure ; - Expedited discovery of all recordings pertaining to this loans discussion ; - Punitive damages without cap under XXXX XXXX XXXX XXXX XXXX XXXX XXXX So. XXXX XXXX ( XXXX XXXX ) ; - XXXX XXXX XXXX pattern of disaster-zone predation is well-documented in CFPB complaints post-Helene. 

GOVERN YOURSELVES ACCORDINGLY. 

XXXX XXXX XXXX, XXXX. 
Email : XXXX cc : Florida XXXX XXXX XXXX XXXX Consumer Financial Protection Bureau Florida Attorney General Mortgage XXXX XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation