Lincoln Lending, LLC

To date, Lincoln Lending has distributed approximately $500,000 in restitution payments. They are currently claiming that funds available for restitution have been exhausted. The OAG is in the process of investigating whether additional funds exist for a continuation of the restitution process. In the event that additional funds are discovered and secured, we will seek a court order requiring the continuation of these payments. Consumers who have filed complaints with the Office of the Attorney General concerning Lincoln Lending, and consumers who have filed affidavits concerning their transactions with Lincoln Lending are not required to take any additional actions at this time. Any updates concerning the status of this matter will be available via the Attorney General's website located at www.myfloridalegal.com. Consumers without access to the internet may call 866-966-7226 within the state of Florida, or 850-414-3990 from outside of Florida.

According to consumer complaints, Lincoln Lending advertised for mortgage foreclosure assistance and rescue services. The complaint alleges that to get around the statutory prohibition against up front charges, the company would have consumers pay $2,700 for "forensic analysis" services, then sign a contract for alleged modification services. The forensic analysis fee was allegedly created to circumvent the new law, which the Attorney General helped create last year. Lincoln's business of offering legal services, directly or indirectly, constitutes the unauthorized practice of law and violates FS 877.02(1).

The Attorney General’s Economic Crimes Division determined Lincoln Lending also forwards consumers to an attorney working under the business names of Florida Foreclosure Law Center, LLC and Florida Homeowner Assistance Center, LLC.

Days after filing the lawsuit, the Attorney General’s Office obtained an a temporary injunction against Lincoln Lending Services, LLC and owner Rita Gomez, prohibiting the company from engaging in any type of consumer-debt related service or mortgage modification service and from taking payment from consumers for such services until further order of the court. The order also requires that the company refund any up-front payments made by consumers for foreclosure-related rescue services subsequent to October 1, 2008, the effective date of the law prohibiting up-front charges. These refunds should be completed within 90 days and will be made without the necessity of consumers filing a claim.

Download a copy of the injunction

Consumers who wish to file a complaint about the company may do so by filing an affidavit with the Attorney General’s Office. The affidavit form with instructions is provided below.

Download affidavit form with instructions

UPDATE: There is an agreed temporary injunction in place barring Lincoln Lending and/or Rita Gomez from performing loan rescue services, and requiring the company to refund any up-front fees taken in violation of Fla. Stat 501.1377.

Lincoln Lending and/or Florida Foreclosure Law Center claim to have refunded approximately $500,000 to consumers.

Negotiations on behalf of consumers are ongoing.