IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

STATE OF FLORIDA, ) OFFICE OF THE ATTORNEY GENERAL, )

) ) CASE NO. : ) 2013 CA 12592

Plaintiff, ) )

v. ) )

ERIC MADER, SEAN BATCHELER ) and MADER LAW GROUP, LLC )

) Defendants. )

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CONSENT FINAL JUDGMENT

THIS CONSENT FINAL JUOGMENT was entered upon stipulation

between Plaintiff, 'OFFICE OF TilE ATTORNEY GENERAL, DEPARTMENT

OF LEGAL AFFAIRS, STATE OF FLORIDA, (hereinafter referred to as the

"ATTORNEY GENERAL" or "DEPARTMENT'1 ), located at 107 W. Gaines

Street, Tallah~see, Florida, 32399, and Defendants, ERIC MADER ("MADER"),

SEAN BATCHELER ("BATCHELER") and MADER LAW GROUP, LLC

("MLG") (hereinafter collectively referred to as "DEFENDANTS"). All parties

have consented in writing to the jurisdiction of this Court and hereby consent to the

relief provided by this order.

,,

By express written consent of the aforementioned Defendants, this Court

does ORDER AND ADJUDGE:

I. JURISDICTION AND VENUE

1. This action commenced pursuant to Florida Deceptive and Unfair

Trade Practices Act, (hereinafter "FDUTPA") Chapter 501, Part II.

2. The complaint arose from an investigation wherein the ATTORNEY

GENERAL, an agency of the state and the enforcing authority under the FDUTP A,

determined that an enforcement action served the public interest. The

A ITORNEY GENERAL asserts it had full authority to bring this action.

3. This Court has jurisdiction over the subject matter of this action

pursuant to the provisions of FDUTP A. At all pertinent times, DEFENDANTS'

business activities· are and have been located in Palm Beach County, Florida and

Hillsborough County, Florida.

4. The award of injunctive relief and other equitable relief is within the

jurisdiction of the Circuit Court and the amounts in controversy meet the

jurisdictional threshold of the Circuit Court.

5. Venue is proper in Palm Beach County, Florida.

I

ADDITIONAL FACTUAL RECITATIONS

6. Defendant 1v1LG operated a for-profit law .finn that included

representation of clients related to loan modification services, which sometimes

resulted in a permanent change of one or more terms of a mortgagor's loan.

7. Defendant ERIC MADER is the Principal owner of MLG, and at all

relevant times was an attorney licensed to practice law in the State of Florida.

8. Defendant BATCHELER was an employee ofl\1LG.

9. The Department has investigated allegations that, including but not

limited to, Defendants were not fully compliant with provisions of§ 50 1.13 77 Fla.

Stat. (20 11 ), which prohibits the collection of client payments prior to completion

of foreclosure-related rescue services in certain circumstances, and which also

includes requirements for foreclosure-related rescue services written agreements.

This investigation has entailed the exchange of voluminous discovery documents

and pleadings, all ·of which the parties expressly rely upon in entering into this

Consent Final Judgment.

10. Generally, Defendant :MLG's contract for legal services provided for a

fee to be paid by clients commensurate with the start of services being rendered by

MLG.

11. DEFENDANT :MLG, at all times material hereto, provided goods or

serviCes within the 'State of Florida and Palm Beach County.

12. MADER and BATCHELER are over the age of 21.

13. MADER and BATCHELER at all pertinent times managed,

controlled or participated in the daily operations of MLG.

II. SCOPE OF CONSENT JUDGMENT AND RELEASES

14. The ATTORNEY GENERAL acknowledges by execution hereof that

this Consent Final Judgment constitutes a complete settlement and release of all of

the ATTORNEY GENERAL's civil claims against DEFENDANTS and their

insurers, which claims were asserted in the Complaint filed and amended in this

case. The ATTORNEY GENERAL agrees that it shall not proceed with or institute

any civil action or proceeding against DEFENDANTS which is inconsistent with

the provisions of this Consent Final Judgment.

15. This Consent Final Judgment shall not be construed as, nor deemed to

be evidence of,. an admission or concession on the part of DEFENDANTS of any

liability, guilt, or· Wrongdoing, which is hereby expressly denied and disclaimed by

DEFENDANTS.

16. Nothing herein constitutes approval by the ATTORNEY GENERAL

of any person or corporation's past or future business practices. DEFENDANTS

shall not make any representation contrary to this paragraph.

III. INJUNCTIVE TERMS

17. Final judgment is hereby entered in favor of the Department and

against illG, MADER and BATCHELER, for acts and practices relating to loan

modifications and foreclosure-related rescue services as alleged in the Second

Amended Complaint filed in this matter.

18. Further DEFENDANTS are immediately and permanently enjoined

from personally offering, or owning or being employed by, any entity offering:

a) "foreclosure-related rescue services" as defined by Florida

Statutes §501.1377(2)(c) (including but not limited to any law

finn or law office offering such services);

b) "consumer debt relief services," which shall mean any program

or offer that claims directly, or implies, that it can renegotiate,

settle, or in some way change the terms of a consumer's debt,

owed to an unsecured creditor or debt collector, which debt is in

default or in arrears for more than 180 days.

c) As to subsection 18(a) and 18(b), the prohibitions contained

within this paragraph 18 do not preclude the DEFENDANTS

from disengaging or withdrawing . from lawful business

activities relating to the existing clients of his current employer.

Withdrawal from these activities shall be completed by July 1,

2015. This provision shall not act as a finding that any such

activities by the DEFENDANTS comply with ·any State or

federal statutes, rules or regulations, nor shall it be construed as

a limitation upon the ATTORNEY GENERAL as set forth in

paragraph 29, below.

d) As to subsection 18(b ), above, the prohibitions contained

within this paragraph 18 do not preclude DEFENDANTS from

working for a Finn or entity where the DEFENDANTS are not

directly involved in any of the above referenced activities, or

receive compensation that is derived in any material way from

such activities performed by · DEFENDANTS. The

DEFENDANTS shall notify the Attorney General in the event

. that they become employed by such a finn or entity engaged in

those activities within 30 days of employment or the

commencement of such activities by the Finn or entity. This

reporting requirement shall last for . 7 years from the date of this

Consent Judgment.

e.) Paragraph 18 also does not preclude DEPENDENTS from

defending or otherwise responding to any claims complaints or

disputes, including providing and producing relative records

thereto and or defending or responding to any such claims

complaints or disputes by any private person, business,

govenunentorenticy.

19. DEFENDANTS will not affect any change in the foim of doing

business or organizational identicy as a method of avoiding the terms and

conditions set forth in· this Consent Final Judgment.

20. This Consent Final Judgment shall apply to and continuously bind

DEFENDANTS and their affiliated entities, successors, assigns and each of their

officers, directors, agents, servants, employees, and in-house attorneys, whether

acting directly or through any corporation, subsidiary, division, or other entity.

IV. MONETARY TERMS

21. DEFENDANTS are therefore liable and are ordered to pay consumer

restitution by making refunds to consumers, the total of which is SIXTY

1HOUSAND ($60,000) ("Restitution Amount"). The Restitution Amount shall

be paid to the Department of Legal Affairs, State of Florida, as follows: a payment

of $50,000 shall be made on behalf of the DEFENDANTS within ~0 days of the

date of this Order; and furthermore defendant BA TCHELER shall pay the sum of

$10,000 by making four equal installment payments of $2,500 each, to be paid

within 30, 60, 90 and 120 days of this Order. The Office ofthe Attorney General

shall endeavor to contact all consumers that were brought to its attention prior to

February 1, 2015 and who may be entitled to restitution in this matter. The

Attorney General shall distribute the Restitution Amount received from the

·DEFENDANTS on a claims basis to those cons-umers detennined to be eligible for

restitution.

V. BUSINESS RECORDS

22. From the date of the entry of this CONSENT JUDGMENT, all of

Defendants' records must be retained for a minimum of two (2) years. The

Department recognizes that Defendants assert that the records related to the clients

and consumers. represented through MLG were records maintained in the practice

of law, and as sucli, Defendants assert that all of the records contain work product,

attorney client and other privileged and confidential communications and

information. Therefore, in order to inspect any records, the Department must first

obtain written consent from any respective client or consumer that specifically

waives all work product, attorney client privilege and other confidential and

privilege protections. Defendants shall maintain and make available to the

Department's representative, upon written request and demonstration of a written

consent and waiver of work product, privilege, and confidentiality, all books,

records and other documents which reflect the implementation of the terms of this

CONSENT JUDGMENT and compliance with its terms as applied to' any specific

client consumer that has provided written waiver and consent. Any such records

requested by the Department shall be made available for inspection within twenty

(20) business days of Defendants' receipt of the written request and demonstration

of written consent and waiver from a specific client or consumer. The Defendants

shall honor any request from the Department to make such records available

without legal process, unless Defendants perceive that, under the applicable Rules

of Professional Conduct or Florida law, legal process should be pursued,

whereafter the Department shall be required to pursue access to the specific

records requested through legal process.

VI. FUTURE VIOLATIONS

23. Notwithstanding any other provision of this Consent Final Judgment,

the parties further recognize that future violations of this Consent Final Judgment

or of Chapter 501, Part II, Florida Statutes, may subject DEFENDANTS or their

officers, directors and employees to any and all civil penalties and sanctions

provided by law, including attorney's fees and costs.

24. Any DEFENDANT's failure to comply with the terms and conditions

of this Consent Final Judgment is by statute prima facie evidence of a violation of

Chapter SOl, Part II, Florida Statutes, and will subject that DEFENDANT to any

and all civil penalties and sanctions authorized by law, including attorney's fees

and costs. The Department reserves the right to seek Chapter SO 1 penalties for any

future violation(s) of Chapter SOl, Part II, Florida Statutes.

VII. MISCELLANEOUS PROVISIONS

25. Nothing herein shall be construed as a waiver of any private rights,

causes of action, or remedies of any private person, business, corporation,

government or legal entity other than the OFFICE OF TilE FLORIDA

ATTORNEY GENERAL against the DEFENDANTS arising from the facts and

circumstances at issue in the Action. Similarly, nothing contained herein shall

waive the right of the DEFENDANTS to assert any lawful defenses in response to

a claim of a consumer.

26. Notwithstanding any other provision of this Consent Final Judgement,

nothing herein shall be construed to impair, compromise or affect any right of any

government agency other than the OFFICE OF TilE FLORIDA ATTORNEY

GENERAL.

27. Jurisdiction is retained for the purpose of enabling any party to this

Consent Final Judgment to apply to the Court at any time for such further orders

and directions as might be necessary or appropriate for the modification,

construction, or implementation of the injunctive provisions of this Consent Fin:al

Judgment, or, for the enforcement and punishment of violations of any provisions

hereof. The parties by stipulation may agree to a modification of this Consent

Final Judgment, which agreement shall be presented to this Court for

consideration, provided that the parties may jointly agree to a modification only by

a written instrument signed by or on behalf of both the ATTORNEY GENERAL

and DEFENDANTS.

28. Notwithstanding the foregoing, the ATTORNEY GENERAL may

institute an action or proceeding to enforce the terms and provisions of this

Consent Final Judgment or to take action based on future conduct by the

DEFENDANTS. The fact that such conduct was not expressly prohibited by the

terms of this Consent Final Judgment shall not be a defense to any such

enforcement action.

29. Nothing in this Consent Final Judgment will be construed to limit the

authority of the ATTORNEY GENERAL to protect the interests of the State of

Florida or the people of the State of Florida. Accordingly, nothing herein relieves

DEFENDANTS of their continuing duty to comply with applicable laws of the

State of Florida nor constitutes ·authorization by the A TIORNEY GENERAL for

DEFENDANTS to engage in acts and practices prohibited by such laws. This

Consent Final Judgment shall be governed by laws of the State of Florida.

30. This Consent Final Judgment will not be effective until executed by

Richard P. Lawson, Director, Consumer Protection Division, Office of the

.. Attorney General, or his designee, at the signature line indicated below.

31. The parties jointly participated in the negotiation of the terms which

are set forth within this Consent Final Judgment. No provision of this Consent

Final Judgment shall be construed for or against either party on the grounds that

one party or another was more heavily involved in the preparation of the Consent

Final Judgment, or had control over the provisions included.

32. This document is signed in anticipation of the Con&ent Final Judgment

being submitted to the Court for approval, without necessity of hearing, which is

hereby WAIVED by all parties.

The signatures below confirm the parties' consent and agreement to this

Consent Firial Judgment.

BY MY SIGNATURE, I hereby affirm that I am acting in my capacity

and within my authority, and in my individual capacity, and that by my

signature I am binding myself and the business to the terms and conditions of this

Consent Final Judgment.

SIGNATURES ON FOLLOWING PAGE.

MADER LAW GROUP, LLC.

Agreed to and signed thi£ day of tlar J , 2015, by the below-

stated person who stated and affirmed as follows:

BY MY SIGNATURE I hereby affirm that I am acting in my capacity and

within my authority as the Managing Member of MADER LAW GROUP, LLC.,

and that by my signature I am binding MADER LAW GROUP, LLC., to the terms

and conditions of this Consent Final Judgment.

By: RIC MADER

MADER LAW GROUP, LLC.,

STATE OF FLORIDA ) COUNTY OF lf"a llsborqjh.J )

BEFORE ME, this Ol day of rY\ (J.ltb , 2015, an officer duly authorized to take acknowledgments in the State of Florida, personally appeared ERIC MADER, who acknowledged before me that he executed the foregoin instrument for the purposes therein stated.

~ '. ~ .

(print, type name ofNotary Public)

Personally known L_ or Produced Identification \I (check one) . Type ofidentification Produced: Or1vUS L~~U\.S(J

ERIC MADER

Agreed to and signed this..£._ day of~ 2015~ by !he below-

stated person who stated and affirmed as follows:

BY MY SIGNATURE I hereby affirm that my signature below binds me

both personally and individually to the terms and conditions of this Consent Final

Judgment.

By: r~ '(_ 4i~ ERIC MADER, IND:i\TID ALLY

STATE OF FLORIDA ) COUNTYOF )

BEFORE ME, this fJ...r-J day of Ji/a.a.A , 2015, an officer duly authorized to take acknowledgments in the State of Florida, personally appeared ERIC MADER, who acknowledged before me that he executed the foregoing instrument for the purposes therein stated.

~~-E~ NOTARYPl~m~oT~T~~-------------

. (iJ:&~!.~\ SHANNON E. HAMMER i;,_l z..G_i MY COMMISSION #FF185082 \~~='if.:/ "" · ~ ~1 D

(print, t)rpe o t .._.., ~ ..1 .com

name ofNotary Public)

Personally known or Produced Identification ::({check one) . , Type of Identification Produced: fjr 1 Ju-s Lr eU\5<..,

SEAN BATCHELER

Agreed to and signed this_2_ day of f"19r-~ \ , 2015, by the below­

stated person who stated and affirmed as follows:

BY MY SIGNATURE I hereby affirm that I previously executed this

Consent Final Judgment on March 11, 2015 and my signature was notarized at that

time, and I reaffirm that my signature below binds me both personally and

By:

STATE OF FLORIDA ) COUNTYOF~

(print, type or stamp commissioned name of Notary Public)

Personally known_ or Produced Identification (check one) Type of Identification Produced:

ACCEPTANCE BY ATIORNEY{iENIRAL'S OFFICE

The Office of"the Attorney General approves the entry of this Consent .Final

Judgment as to the Defendants. ERIC MADER. SEAN BATCHELER and MADER

LA.W GROUP, LLC..

Sipdthb!~dayof ~ ,2015

;KJ~~iUll'Q Lawson· Director.· C()nsuiner Pioteetlcm Dtvisj~n ·Fl~ B~N~.: 1650.85 . · Prba•ry email: Richarci.LaWson@mytloridalegal.com. Office of the AttOiney ·General :1()7 W. ~es SU. Tallabass~ FL 32399 (8SO) 414-3300 (Telephone) (~50) 488-4483 (Faxl

DONE AND ()RDEREDi this._day of_. ----· 2015 .• . SIGNED& DATED

MAY -.1 2015 CIRCUIT JUDGE . :t!SSI61<TIG4GIN

PALM BEACH COUN1Y CIRCUIT COURT 1UDGE