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OCT 092012
n. Giements
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF RIVERSIDE
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LAURA COX, et al.,
CaseNo.RIC 1214494
Plaintiffs,
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LflIIO1’OED] TEMPORARY
RESTRAINING ORDER
v
CERTIFIED FINANCIAL PROTECTION
GROUP, LLC, et al.,
Defendants.
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[PROPOSEDI
TEMPORARY RESTRAINTING ORDER
Upon consideration of Plaintiffs’ Ex Parte Application for a Temporary Restraining
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Order and Order to Show Cause for a Preliminary Injunction and all supporting and opposing
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papers, and having heard arguments thereon, Defendants Certified Financial Protection Group,
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LLC; Financial I-lope for America, Inc.; Safehouse 911, LLC, d/b/a Safehouse Professional
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Mortgage Restructuring 911; U.S. Financial Advantage; and their officers, agents, servants,
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employees, representatives, and anyone else under their indirect or direct control (collectively,
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“Entity Defendants”); and Michael B. Wayman, Donald Brokaw, and anyone else under their
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indirect or direct control (collectively “Individual Defendants”); are HEREBY RESTRAINED
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AND ENJOINED, from:
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1.
Marketing, advertising, offering, selling or carrying out Mortgage Assistance
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Relief Services, or aiding and abetting the marketing, advertising, offering, selling or carrying
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out of Mortgage Assistance Relief Services;
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a. the term “Mortgage Assistance Relief Services” shall mean any service, plan or
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program offered or provided to the consumer in exchange for consideration, that is
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represented, expressly or by implication, to assist or attempt to assist the consumer with
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any of the following:
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i. Stopping, preventing or postponing any mortgage or deed of trust
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foreclosure sale for the consumer’s dwelling, any repossession of the
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consumer’s dwelling or otherwise saving the consumer’s dwelling from
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foreclosure or repossession;
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ii. Negotiating, obtaining or arranging a modification of any term of a
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dwelling loan, including a reduction in the amount of interest, principal
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balance, monthly payments or fees;
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iii. Obtaining any forbearance or modification in the timing of payments from
any dwelling loan holder or servicer on any dwelling loan;
iv. Negotiating, obtaining, or arranging any extension of the period of time
within which a consumer may:
1. Cure his or her default on a dwelling loan,
[PROPOSED]
TEMPORARY RESTRAINING ORDER
2. Reinstate his or her dwelling loan,
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3. Redeem a dwelling, or
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4. Exercise any right to reinstate a dwelling loan or redeem a
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dwelling;
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v. Obtaining any waiver of an acceleration clause or balloon payment
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contained in any promissory note or contract secured by any dwelling; or
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vi. Negotiating, obtaining, or arranging:
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1. A short sale of a dwelling,
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2. A deed-in-lieu of foreclosure, or
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3. Any other disposition of a dwelling other than a sale to a third
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party who is not the dwelling loan holder;
2.
Owning, managing, operating, creating or assisting in the creation of any entity
that markets, advertises, offers, sells or carries out Mortgage Assistance Relief Services;
3.
Being employed by, or serving as a consultant to, any person or entity that sells or
carries out Mortgage Assistance Relief Services;
4.
Engaging in unfair competition as defined in Business and Professions Code
section 17200, including but not limited to:
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a. Charging consumers an upfront fee for Mortgage Assistance Relief Services;
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b. Misrepresenting to consumers the nature and mechanics of Mortgage Assistance
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Relief Services;
c. Falsely promising to engage in negotiations with consumers’ mortgage lenders or
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servicers;
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d. Misrepresenting the progress of loan modification applications;
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e. Falsely representing that refunds would be issued if the offered Mortgage Relief
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Assistance Services did not succeed;
f.
Encouraging consumers to stop paying their monthly mortgage payments and/or
communicating with their lenders or servicers; and
g. Forming a business or organizational entity or operating as a “doing business as”
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[PROPOSEIJJ
TEMPORARY RESTRAINING ORDER
organization as a method of evading consumers.
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5.
Engaging in advertising, marketing or promoting its services and products in a
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false, materially misleading or deceptive manner in the State of California under Business and
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Professions Code section 17200 and/or section 17500;
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the appropriate licenses;
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Engaging in the operation of any business or practice or sales of goods without
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Engaging in any business or commercial activity without a legally registered and
incorporated entity;
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posing, selling, transferring, or otherwise encum ering
fendants’ assets, money, stocks, property, real property, or any other assets that could be u
to s sfy a judgment; and
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Disposing, selling, transferring, or otherwise encumbering any of th
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Defendants r
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judgment, to the
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Defendant has receive
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actual loan modification se
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I property, stocks, or any other significant asset that could be u
ent these assets were obtained, in whole or in part, fr
r will receive from consumers in connecti
ces, or from profits or property o
It is FURTHER ORDE
that within five (5) b
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Order, each Defendant shall provide
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assets:
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1.
Plaintiffs w
The legal description and
dress
ness days following service of this
the following information regarding its
for any real property that is: (i) owned in
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constructive possession of any
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or (iv) owned, controlled
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the benefit of, any D endant or any corporation, partnership, or other
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owned or contro
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2.
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conta
money any
med using such money.
whole or in part or controlled by an
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to satisf’ a
with any purported or
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,
ndividual
efendant, in w
e or in part; (ii) in the actual or
efendant; (iii) held by an a
nt of any Defendant on its behalf;
or in the actual or constructive pos
ion of, or otherwise held for
tity directly or indirectly
d by any Defendant, as of the date of this Order;
The account number, name(s) on the account, current balance, an
e name and
nformation of the financial institution for each and every bank account or inve
ent
count, including checking accounts, savings accounts, money market accounts, retirement
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[PROPOS J
TEMPORARY RESTRAINING ORDER
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counts, mutual fund and stock brokerage accounts, that are (i) owned in whole or in part o
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contro
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any Defenda
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by, or in the actu
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Defendant or any co
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controlled by any Defen
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by any Defendant, in whole or in part; (ii) in the actual or constructive posse
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(iii) held by an agent of any Defendant on its behalf; or (iv) owned,
or constructive possession of, or otherwise held for the bene
ration, partnership, or other entity directly or indirec
A list of the pr
erty, the location of the property, and
description of the property, includi
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numbers and registration information,
as applicable, serial number
all personal property
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of $2,500, that is (i) owned in. whole or in p
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part; (ii) in the actual or constructive possession
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Defendant on its behalf; or (iv) owned, controlled b
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of, or otherwise held for the benefit of, any Defe
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entity directly or indirectly owned or controll
4.
Each Defendant shall provi
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service, facsimile, email, or hand deliv
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Broadway, Suite 1800, San Diego,
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5.
Defendants shall
People or Receiver may req
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It is further ORD
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The bank, fina
ntrolled
of, any
owned or
t, as of the date of this Order;
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reasonably detailed
r other identification
th a fair market value in excess
or controlled y any Defendant, in whole or in
any
endant; (iii) held by an agent of any
r in the actual or constructive possession
ant o
by any De
ny corporation, partnership, or other
dant, as of the date of this Order;
this Asset Inform ‘on by overnight delivery
to: Amy l-Iargreaves, L
am & Watkins LLP, 600 W.
lifornia 92101; and
ovide to Plaintiffs such other financia tatements as the
tin order to monitor Defendants complianc with this Order.
ED that immediately upon presentation of this 0
r by Plaintiffs:
al institution, or any other corporate or legal entity, tha
irectly or
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indirectly holds any
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Donald Brokaw;
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Safehouse 91
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Financial
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except
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Don d Brokaw for reasonable living expenses (as approved by the court at the end of each
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on of
oney, property, or any other asset on behalf of Michael B.
man;
ertified Financial Protection Group, LLC; Financial Hope for Ame ca, Inc.;
LC, d/b/a Safehouse Professional Mortgage Restructuring 911; or U.S.
vantage, shall immediately freeze all assets and prevent any use of those asset
per month may be used from the accounts of Michael B. Wayman and
nth). For good cause, Michael B. Wayman and Donald Brokaw may request the Court to
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[PROPOSED]
TEMPORARY RESTRAINING ORDER
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ai-r
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j”’
ciu ior reasonaie expenses—uy
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iiiay
ilLu-rrrxr
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bc iiuieiiu on ap
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IT IS SO ORDERED
Dated:
Daniel A. Ottolia
OCT 092012
Judge of the Superior Court
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[PROPOSED]
TEMPORARY RESTRAINING ORDER
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PROOF OF SERVICE
Cox v. Certified Financial Protection Group LLC, et al.
Riverside County Superior Court Case No. RIC 1214494
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I am employed in the County of San Diego, State of California. I am over the age
of 18 years and not a party to this action. My business address is Latham & Watkins LLP, 600
West Broadway, Suite 1800, San Diego, CA 92101-3375.
On October 9, 2012, I served the following documents described as:
TEMPORARY RESTRAINING ORDER
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by serving a true copy of the above-described document in the following manner:
BY U.S. MAIL
I am familiar with the office practice of Latham & Watkins LLP for collecting and
processing documents for mailing with the United States Postal Service. Under that practice, documents
are deposited with the Latham & Watkins LLP personnel responsible for depositing documents with the
United States Postal Service; such documents are delivered to the United States Postal Service on that
same day in the ordinary course of business, with postage thereon fully prepaid. I deposited in Latham &
Watkins LLP’ interoffice mail a sealed envelope or package containing the above-described document
and addressed as set forth below in accordance with the office practice of Latham & Watkins LLP for
collecting and processing documents for mailing with the United States Postal Service:
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Michael B. Wayman
32330 Avalon Lane
Menifee, CA 92584
Donald Brokaw
28432 Carmine Circle
Menifee, CA 92584
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Individually and as Owners/Offices of:
Individually and as Owners/Offices of:
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Certified Financial Protection Group, LLC
Financial Hope for America, Inc.
Safehouse 911, LLC
U.S. Financial Advantage
Certified Financial Protection Group, LLC
Financial Hope for America, Inc.
Safehouse 911, LLC
U.S. Financial Advantage
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I declare that i am employed in the office of a member of the Bar of, or permitted
to practice before, this Court at whose direction the service was made and declare under penalty
of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on October 9, 2012 at San Diego, California.
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L AT H AMN WAT K IN S
ATTORNEYS AT
SON DIEGO
Low
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PROOF OF SERVICE