Phoenix, AZ.: " Biggest no
brainer in the history of the earth " the radio ads shouted across
the Arizona Radio waves for Lenox Financial Mortgage company. For
some people maybe their brain waves would not work for the company.
Attorney General Terry Goddard
announced a $95,000 settlement with Lenox Financial Mortgage, LLC,
an Atlanta-based mortgage broker. The settlement
resolves
allegations that the company violated the Arizona Consumer Fraud Act
by failing to include disclaimers in its radio advertisements
promoting Lenox Financial's "no closing costs" mortgage loans.
The complaint alleged that Lenox Financial ran thousands of radio
ads in Arizona that promised "no closing costs" mortgage loans to
consumers wanting to buy a home or refinance existing mortgage
loans. According to court documents, the company's "no closing
costs" ads did not contain any disclaimer or other qualifying
language stating that the availability of this kind of loan depended
on the consumer's credit score, income level, debt load or other
indications of credit-worthiness. While a majority of Lenox
Financial's customers were offered "no closing costs" loans, the
complaint alleged that the company did not broker such loans for
every consumer who replied to its advertising and was otherwise
eligible for a mortgage loan.
According to the settlement, in the form of an Assurance of
Discontinuance, Lenox Financial agreed to include a disclaimer or
other qualifying information when advertising the availability of
"no closing costs" loans unless Lenox Financial makes these loans
available to all consumers who are otherwise eligible. Lenox
Financial also agreed to pay the Attorney General's Office $95,000
for attorneys' fees and the cost of its investigation.
" NO BRAINER"
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