A brokerage firm allegedly placed liens on hundreds of New Jersey homes without the owners’ knowledge as part of a “homeowner benefit program,” according to the state’s attorney general.
The Clark, N.J., office of Florida-based brokerage MV Realty advertised the scheme as an easy way to get cash, New Jersey Attorney General Matt Platkin said in a lawsuit filed Tuesday. In exchange, MV Realty would have the right to act as their broker should they sell their homes in the future, the lawsuit said.
Homeowner received $300 to $5,000 upfront And promise that the program is not a loan and there is no obligation to sell.
In effect, it operates as a high-interest mortgage that gives MV Realty a 40-year right to market the home. MV’s contract survived the homeowner’s death and “charged exorbitant early termination fees,” Platkin said.
To get out of the deal, the homeowner must pay at least 3 percent of the home’s sale price (or 1,000 percent of the client’s initial payment).
MV Realty previously denied initially placing a lien on the home, according to an FAQ posted on a website the company operates. Instead, the site claims, a memorandum or mortgage is filed on the home as an announcement of the agreement.
“If the customer breaches the agreement, MV Realty has the right to [place] lien on the home,” the website reads.
But according to the complaint, the filed “Memorandum of Interest” was indeed a lien on the consumer’s property.
Representatives for MV Realty did not immediately respond to a request for comment.
Company CEO Amanda Zachman is the star of season 15 of MTV’s Big Brother. Her previous name was Amanda Zuckerman.
The complaint alleges that MV Realty, which is not registered as a telemarketer in New Jersey, allegedly promoted the agreement by making unsolicited calls to homeowners in need of cash. The telemarketers also never disclosed all the terms of the plan, including the 40-year contract term and hefty early termination fees.
The fee also applies if the home is foreclosed on, the title is transferred, heirs try to sell the home or the consumer tries to back out of the transaction, Platkin said.
The attorney general’s complaint alleges that MV Realty’s practices violated the Consumer Fraud Act and New Jersey’s general advertising and telemarketing statutes.
More than 1,250 consumers in New Jersey fell for the alleged scam. MV Realty also has offices in 32 other states, according to its website.
The New Jersey lawsuit asks MV Realty to discharge all liens against homeowners and pay damages, repay profits made through the program and pay civil penalties.
The New Jersey Real Estate Board will also take action against the company and affiliated individuals’ real estate licenses, Platkin said.
Its filing on Tuesday asked company executives and at least one New Jersey broker to explain why their real estate licenses should not be suspended or revoked, along with fines.
MV Realty also agreed to stop soliciting New Jersey clients for the program until the case is resolved, Platkin said.
“This company has misled consumers about the true nature of its products,” Platkin said. “MV Realty sells its product as free money, when in reality it is a loan secured by a consumer’s most valuable asset — their home.”
Government agencies in Pennsylvania, North Carolina and Ohio all sued the company last year, making similar allegations.
