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Thursday, September 19, 2024

Attorney General secures injunction against realty firm over predatory home agreements

State AG
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Attorney General Rob Bonta | Facebook Website

California Attorney General Rob Bonta announced today the securing of a preliminary injunction against MV Realty, a Florida-based company accused of engaging in predatory practices. The injunction aims to protect nearly 1,500 homeowners who were allegedly misled into signing "Homeowner Benefit Agreements" that locked them into using MV Realty to sell their homes for 40 years or face a penalty of 3% of the home's value. Additionally, MV Realty placed illegal liens on these homes, charging homeowners the penalty to remove the lien.

The Los Angeles Superior Court issued the preliminary injunction, which was sought by Attorney General Bonta and the Santa Barbara County and Napa County District Attorneys’ Offices as part of a lawsuit filed against MV Realty on December 13, 2023.

“To the nearly 1,500 California homeowners who were tricked into entering into the unlawful listing agreements with MV Realty, today is a good day,” said Attorney General Rob Bonta. “The court found that we are likely to prevail on our claim that those homeowners were intentionally misled by MV Realty. The court also found that MV Realty’s conduct imposed ‘imminent irreparable harm’ to homeowners. As a result, the company is being ordered to stop violating state law, once again allowing homeowners the freedom to do with their property what they wish. While our legal battle is not yet over, we will continue fighting to hold MV Realty accountable.”

“This court order provides necessary protections to homeowners in Santa Barbara County and the entire state so they will not be further victimized during the course of this litigation,” said Santa Barbara County District Attorney John T. Savrnoch. “We strongly agree with the Court that affected homeowners would continue to suffer imminent irreparable harm in the absence of this injunction.”

“I stand with Attorney General Bonta and my fellow prosecutors in condemning MV Realty’s deceptive business practices and will fight aggressively to hold them accountable and safeguard the rights of homeowners across California,” said Napa County District Attorney Allison Haley. “No family should be trapped in unlawful contracts or face illegal liens on their homes. This preliminary injunction is a critical step in ensuring justice for those impacted by this harmful business model.”

The preliminary injunction requires MV Realty to:

- Remove liens recorded statewide within 30 days of the court’s order or within five days of notification from a California homeowner or their agent.

- Stop recording new liens.

- Not enforce "Homeowner Benefit Agreements" during pending litigation.

A copy of the preliminary injunction can be found here. The motion for preliminary injunction was supported in part by a declaration from the California Department of Real Estate.

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