I appreciate you contacting me regarding a complaint filed with your office against my company by [redacted] ***Thank you for your patience while I have composed my response and researched andgathered the necessary documents for your review.In short, Mr***'s allegations are false, misleading and misrepresentative of the facts and made inbad faithI will support my position via this letter; via agreements and documents executed between Mr[redacted] and Abbrey Homes, LLC (attached as Exhibits A-E); and via email communications among allrelevant parties (attached as Email Transcripts A (pages 1-41) and B (pages 42-49)).Below is a copy of Mr***'s unmodified complaint as copied verbatim from your websiteFor easeof understanding, I will address Mr***'s allegations in chronological order immediately followinghis statement.Customer's Statement of the Problem:I entered into a contract with this company on 1/ to purchase a homeIgave them $deposit with amonth for rent where I was to get$of that credited to my acctfor another $to be credit towardthe purchase on a homeI had months to purchase the home in questionInapril I notified Abbery homes /Brian U [redacted] /Global capital/ that I hadfinancing for the homeI was to purchase the home for $before mydeposit and works credit were applied making the purchase price being a totalof $My contracts says that this company has days from the datewe acquired financing to close on the houseThis company failed to comply withthe contract for almost monthsThe house was sold at the sheriff salebecause of forclosure on 12/4/I have tried to come to some agreementwith this company to at least get my deposit of $backI have had noluck at doing this,and NOW I have been forced to find other arrangements formy farnily so that we may not be homelessThis company is a scamIf theycan not come to an agreement with me on my monies I will have no choice butto take them to court, and also have the atty general office look into thismatterAll I want is my $backI am not asking for the other monies I am out of.1) Mr [redacted] states that he entered into a contract with our company in January, to purchase a homeThis is not trueThe agreement Mr [redacted] signed was a rental agreement to rent the property (see Exhibits B and D).2) Mr [redacted] states that he paid a $deposit, but this is also not true Mr [redacted] paid for anon-refundable option to purchase the property within one year (see Exhibits A, B and C)These non-refundable option funds were "...for the purchase of an OPTION to buy the home and are not in any way shape or form to be considered a deposit on or any kind of equity in the property ." (see Exhibit A, second paragraph)Furthermore, Mr [redacted] paid no security deposit whatsoever (see Exhibit D, page two, paragraph six).3) Mr [redacted] states that our company had days from the date Mr [redacted] acquired financing to close on the houseAgain, this is not trueMr [redacted] entered into the lease and option agreement with our company with the full knowledge, understanding and agreement of the following disclosures, to which Mr [redacted] signed a sworn affidavit (see Exhibit B) in front of a Notary.a When our company acquired the property from the previous owner:iThe property was already behind in payments from the previous owner.iiSignificantly more money was owed than the property was worth.iiiThe only win-win option for all parties involved was to do a short sale.ivAs agreed to by the previous owner, our company also was not making mortgagepayments after we acquired the house in order to qualify for a short sale sincebanks will not usually consider a short sale if the mortgage payments are current.vOur company expected a foreclosure to be filed at any time.b When Mr [redacted] signed the lease and option agreements on January 13, 2014:iA foreclosure had already been filed on October 15, 2013, of which Mr***was fully aware.iiOur company's attorneys were actively representing us and the former owners in the foreclosure case at our company's expense.iiiOur company disclosed to Mr [redacted] that, while we were aggressively defending the foreclosure action, any outcome was possible, including our company losing ownership of the property even if Mr [redacted] was able to eventually qualify for a mortgage.iv Mr [redacted] was informed that in the event our company was forced to relinquish title as a result of any legal proceedings prior to Mr***'s obtaining a mortgage or the lease expiring, Mr [redacted] agreed to either move to another property our company owns and have all option consideration transferred to said property or to accept the last three months rent in the current property free of charge, regardless of whether this time period falls within or outside of Mr***'s lease, as payment in full for any option consideration he paid and/or earned through rent credits.v Mr [redacted] understood this was a risky transaction that could not be guaranteed to close due to the unpredictability of both foreclosing banks and the legal system in general and he agreed to hold harmless myself, our company and their successors and/or assigns from any legal, financial, credit or other damage, harm or loss caused or alleged to be caused by us as a result of Mr [redacted] entering into this transaction.4) Mr [redacted] claims he has tried to come to some agreement with our company to get his "deposit"back but he fully knows that he has no deposit and that his option consideration was not refundable under any circumstances, even if we lost the property to the bankWhile Mr [redacted] is trying to portray himself as a victim and he states that our "company is a scam", it is clear from the signed agreements and Mr***'s signed and Notarized Affidavit that he was not only aware of the risks of entering into a lease with option agreement regarding a property that was already in foreclosure litigation even before he signed the lease and paid his option fee, but he also agreed and accepted such risks and agreed to hold us harmless if he was not able to convert the rental into a purchaseWhile it is disappointing to both Mr [redacted] and our company that he was not able to buy the property, Mr [redacted] is now acting in bad faith by filing an inaccurate and misleading complaint with the Revdex.com and threatening to inappropriately take legal action which he agreed in writing not to do in a signed and Notarized AffidavitUnder the Protecting Tenants at Foreclosure Act, Mr [redacted] is legally entitled under federal law to a minimum of three months of free rent from the bank after all of the following have occurred and have occurred in the following order: a) the property has been successfully purchased by the bank at Sheriffs Sale; b) the Confirmation of Sheriffs Sale has been ordered by the Court; and c) the bank has given notification in writing to the tenant that they have days to vacate the premises Furthermore, many banks allow bona fide tenants like Mr [redacted] who have written leases to remain in the home rent-free until the end of their current leaseAs Mr ***'s renewal lease does not expire until December 31, 2015, it is possible he could have up to $15,worth of rent-free living with the bank's full knowledge and consent given that his monthly rent is $per monthIt is relevant to note that Mr [redacted] did not disclose in his complaint that he still owes our company $for past due rent and late fees for January, 2015, which he was liable for because our company was still the legal owner of the property.5) Mr [redacted] again portrays himself as a victim by stating he has been forced to find other arrangements for his family so that they do not become homeless, which strongly implies he has to move immediatelyThe Sheriffs Sale was not confirmed until January 22, 2015, which means that the bank was not the lawful owner until that timeMr [redacted] indicated to me several times that he was discussing the matter with his attorney, which I highly recommended, and I suggested on multiple occasions that Mr [redacted] look up online the Protecting Tenants at Foreclosure Act to verify this statute for himselfBy law, the bank could not legitimately post a 90-day notice to vacate until after this date to be in compliance with the ActAssuming the bank posted the notice the very next day (in reality it takes most banks weeks or even months to get around to posting these notices), Mr [redacted] would not have to move until April 22, 2015.However, Mr***'s actions to find another house were not because he was soon to be"homeless" as he would have you believeAfter some personal investigation, I recently discovered from another source familiar with the situation that Mr [redacted] decided not to exercise his option to purchase our property long before he filed this complaintIn fact, Mr [redacted] closed on another home around January 26, It is important to note that it takes considerable time to search for a house, get it inspected and appraised, have the title work done, verify income,have the mortgage processed and the documents finalized, schedule the closing, etc While Mr[redacted] continuously indicated to our company that he wanted to buy the property via phone conversations and electronic communications as late as January 15, (see page three of the email transcript), this was very disingenuous on his partDue to the lengthy process of buying a home, Mr [redacted] had to have started the procedure at least back in December (and probably before then) considering the time of year and the holidaysWhile it is certainly within Mr.***'s prerogative to not exercise his Option and buy another house instead, he made the decision to buy another house while deceptively pretending to our company that he still wanted to buy our home, thereby causing us considerable legal and administrative expensesNow Mr[redacted] is trying to characterize the situation as one where our company is somehow at fault event though he knew in advance of the risks involved and that a possibility existed that he would not be able to purchase our house and he signed a Notarized Affidavit to this effectThe bottom line is Mr [redacted] simply decided to buy another home and is trying to scheme a way to get his nonrefundable option fee refunded.6) I have enclosed a 49-page email transcript in two parts: Email Transcript A (pages 1-41) and Email Transcript B (pages 42-49)The pages are organized in reverse order starting with the newest on top and the oldest on the bottom Email Transcript A contains virtually all of the emails sent and received (except those that were attachments only) between myself and Mr.***, his wife [redacted] and their adult daughter [redacted] ***, who also lives in the homeEmail Transcript B consists of emails primarily among me, one of my attorneys and the bank's attorney trying to negotiate a short sale between May 30,and December 2,2014,inclusivelyAlthough some of the messages are unavoidably duplicated due to ongoing email threads, you will see that there was considerable communication beginning on December 11,and continuing until February 1, by and between our company, our attorneys, the bank, the bank's attorney, the bank's real estate agent and Mr [redacted] and his family members.Since the beginning of December, alone, our company has spent several thousands of dollars in additional legal fees, document preparation, daily correspondence, etc trying (in good faith) to do everything we could to get this deal to closeIt is disappointing, to say the least, that we were duped by Mr [redacted] into spending all this time and money to help him buy a house he no longer had any intention of purchasing for some timeFurthermore, it is not clear whether Mr[redacted] may have committed any mortgage violations by asking us on January 14, to verify to his mortgage lender, in writing and under severe penalties for fraud or misrepresentation, that he had made every rent payment on a timely basis (see Exhibit E)We never received Mr.***'s rent payment for January, but Mr [redacted] said it got lost in the mailSince Mr.***'s rent payments had always been on time in the past, we took him at his word when he emailed us a copy of the Certified Check receiptHowever, Mr [redacted] never sent a replacement check.In summary, Mr [redacted] was not "scammed in any way, shape or form and he is not owed any money by our companyOn the contrary, Mr [redacted] still owes us past due rent and late fees of $and his acts of bad faith have cost us additional thousands of dollars in legal fees and expensesEven more disturbing, Mr [redacted] intentionally deceived us into telling his mortgage company that he had made all his payments on time (in order to surreptitiously buy another home) when he knew he had not paid his last month of rentFurthermore, Mr [redacted] was completely aware that the house he was renting from our company was in foreclosure and was a short-sale type of situation being negotiated by our attorneys and the bank's attorney and this was fully disclosed to him before he entered into an agreement with our companyThe essence of the agreement was that he was going to try to get financed and our attorneys were attempting to negotiate a short sale with the lenderAlthough we made a full-price offer to the bank prior to the Sheriffs Sale (see email Transcript B, page 42) they did not commence with the short saleIt was acknowledged and understood by both Mr [redacted] and our company that if one or the other were not successful, the deal would not close and Mr [redacted] would have to find another home at some point in the future, using the free rent he would receive under federal law as partial or complete reimbursement for his non-refundable option feeMr [redacted] knew these risks and swore under oath in front of a Notary that he understood and agreed to themNow that Mr [redacted] has decided to purchase another property, he is fabricating allegations that are disproved on their face by the very Affidavit and documents he signedIn light of the overwhelming evidence supporting our position, it would appear that Mr [redacted] is trying to harass and/or intimidate our company into paying him money he is not owed by filing a frivolous complaint with the Revdex.com and threatening to file additional frivolous complaints with the court system, the Attorney General and even the local TV stations (see Email Transcript A, page 7)At this point Mr [redacted] has caused us additional unnecessary expenses into the thousands of dollars and he still owes us $for past due rent and late fees that my attorney has informed me would be upheld in court should we decide to pursue the matterI hope this correspondence and the accompanying Affidavit, agreements, documents and email transcripts have clearly communicated our positionPlease feel free to contact me should you need any further informationThank you.Sincerely,Brian KU [redacted] , MemberAbbrey Homes, LLC
I appreciate you contacting me regarding a complaint filed with your
office against my company by [redacted]. Thank you for your patience while I
have composed my response and researched andgathered the necessary documents
for your review.In
short, Mr. [redacted]'s allegations are false,...
misleading and misrepresentative of
the facts and made inbad faith. I will support my position via this letter; via
agreements and documents executed between Mr.[redacted] and Abbrey Homes, LLC
(attached as Exhibits A-E); and via email communications among allrelevant
parties (attached as Email Transcripts A (pages 1-41) and B (pages 42-49)).Below
is a copy of Mr. [redacted]'s unmodified complaint as copied verbatim from your
website. For easeof understanding, I will address Mr. [redacted]'s allegations in
chronological order immediately followinghis statement.Customer's
Statement of the Problem:I entered into a contract with this company on 1/2014
to purchase a home. Igave them $5000.00 deposit with 1250.00 amonth for rent
where I was to get$100.00 of that credited to my acct. for another $1200.00 to
be credit towardthe purchase on a home. I had 12 months to purchase the home in
question. Inapril I notified Abbery homes /Brian U[redacted]/Global capital/ that
I hadfinancing for the home. I was to purchase the home for $167900.00 before
mydeposit and works credit were applied making the purchase price being a totalof
$156700.00. My contracts says that this company has 15 days from the datewe
acquired financing to close on the house. This company failed to comply withthe
contract for almost 9 months. The house was sold at the sheriff salebecause of
forclosure on 12/4/2014. I have tried to come to some agreementwith this
company to at least get my deposit of $5000.00 back. I have had noluck at doing
this,and NOW I have been forced to find other arrangements formy farnily so
that we may not be homeless. This company is a scam. If theycan not come to an
agreement with me on my monies I will have no choice butto take them to court,
and also have the atty general office look into thismatter. All I want is my
$5000.00 back. I am not asking for the other monies i am
out of.1)
Mr. [redacted] states that he entered into a contract with our company in January,
2014 to purchase a home. This is not true. The agreement Mr. [redacted] signed was a
rental agreement to rent the property (see Exhibits B and D).2)
Mr. [redacted] states that he paid a $5000.00 deposit, but this is also not true.
Mr. [redacted] paid for anon-refundable option to purchase the property within one
year (see Exhibits A, B and C). These non-refundable option funds were
"...for the purchase of an OPTION to buy the home and are not in any way
shape or form to be considered a deposit on or any kind of equity in the property..
." (see Exhibit A, second paragraph). Furthermore, Mr. [redacted] paid no
security deposit whatsoever (see Exhibit D, page two, paragraph six).3)
Mr. [redacted] states that our company had 15 days from the date Mr. [redacted] acquired
financing to close on the house. Again, this is not true. Mr. [redacted] entered into
the lease and option agreement with our company with the full knowledge,
understanding and agreement of the following disclosures, to which Mr. [redacted]
signed a sworn affidavit (see Exhibit B) in front of a Notary.a.
When our company acquired the property from the previous owner:i. The property
was already behind in payments from the previous owner.ii. Significantly more
money was owed than the property was worth.iii. The only win-win option for all
parties involved was to do a short sale.iv. As agreed to by the previous owner,
our company also was not making mortgagepayments after we acquired the house in
order to qualify for a short sale sincebanks will not usually consider a short
sale if the mortgage payments are current.v. Our company expected a foreclosure
to be filed at any time.b.
When Mr. [redacted] signed the lease and option agreements on January 13, 2014:i. A
foreclosure had already been filed on October 15, 2013, of which Mr. [redacted]was
fully aware.ii. Our company's attorneys were actively representing us and the
former owners in the foreclosure case at our company's expense.iii. Our company
disclosed to Mr. [redacted] that, while we were aggressively defending the
foreclosure action, any outcome was possible, including our company losing ownership
of the property even if Mr. [redacted] was able to eventually qualify for a mortgage.iv.
Mr. [redacted] was informed that in the event our company was forced to relinquish title
as a result of any legal proceedings prior to Mr. [redacted]'s obtaining a mortgage or
the lease expiring, Mr. [redacted] agreed to either move to another property our company
owns and have all option consideration transferred to said property or to accept
the last three months rent in the current property free of charge, regardless of
whether this time period falls within or outside of Mr. [redacted]'s lease, as payment
in full for any option consideration he paid and/or earned through rent credits.v.
Mr. [redacted] understood this was a risky transaction that could not be guaranteed
to close due to the unpredictability of both foreclosing banks and the legal
system in general and he agreed to hold harmless myself, our company and their
successors and/or assigns from any legal, financial, credit or other damage,
harm or loss caused or alleged to be caused by us as a result of Mr. [redacted]
entering into this transaction.4)
Mr. [redacted] claims he has tried to come to some agreement with our company to get
his "deposit"back but he fully knows that he has no deposit and that
his option consideration was not refundable under any circumstances, even if we
lost the property to the bank. While Mr. [redacted] is trying to portray himself as a
victim and he states that our "company is a scam", it is clear from the
signed agreements and Mr. [redacted]'s signed and Notarized Affidavit that he was
not only aware of the risks of entering into a lease with option agreement
regarding a property that was already in foreclosure litigation even before he
signed the lease and paid his option fee, but he also agreed and accepted such
risks and agreed to hold us harmless if he was not able to convert the rental
into a purchase. While it is disappointing to both Mr. [redacted] and our company
that he was not able to buy the property, Mr. [redacted] is now acting in bad faith
by filing an inaccurate and misleading complaint with the Revdex.com
and threatening to inappropriately take legal action which he agreed in writing
not to do in a signed and Notarized Affidavit. Under the Protecting Tenants at
Foreclosure Act, Mr. [redacted] is legally entitled under federal law to a minimum of
three months of free rent from the bank after all of the following have
occurred and have occurred in the following order: a) the property has been
successfully purchased by the bank at Sheriffs Sale; b) the Confirmation of
Sheriffs Sale has been ordered by the Court; and c) the bank has given
notification in writing to the tenant that they have 90 days to vacate the premises.
Furthermore, many banks allow bona fide tenants like Mr. [redacted] who have written leases
to remain in the home rent-free until the end of their current lease. As Mr.
[redacted]'s renewal lease does not expire until December 31, 2015, it is possible he
could have up to $15,000.00 worth of rent-free living with the bank's full
knowledge and consent given that his monthly rent is $1250.00 per month. It is
relevant to note that Mr. [redacted] did not disclose in his complaint that he still
owes our company $1550.00 for past due rent and late fees for January, 2015,
which he was liable for because our company was still the legal owner of the
property.5)
Mr. [redacted] again portrays himself as a victim by stating he has been forced to
find other arrangements for his family so that they do not become homeless,
which strongly implies he has to move immediately. The Sheriffs Sale was not
confirmed until January 22, 2015, which means that the bank was not the lawful
owner until that time. Mr. [redacted] indicated to me several times that he was
discussing the matter with his attorney, which I highly recommended, and I suggested
on multiple occasions that Mr. [redacted] look up online the Protecting Tenants at Foreclosure
Act to verify this statute for himself. By law, the bank could not legitimately
post a 90-day notice to vacate until after this date to be in compliance with
the Act. Assuming the bank posted the notice the very next day (in reality it
takes most banks weeks or even months to get around to posting these notices),
Mr. [redacted] would not have to move until April 22, 2015.However, Mr. [redacted]'s
actions to find another house were not because he was soon to be"homeless"
as he would have you believe. After some personal investigation, I recently discovered
from another source familiar with the situation that Mr. [redacted] decided not to
exercise his option to purchase our property long before he filed this
complaint. In fact, Mr. [redacted] closed on another home around January 26, 2015. It
is important to note that it takes considerable time to search for a house, get
it inspected and appraised, have the title work done, verify income,have the
mortgage processed and the documents finalized, schedule the closing, etc.
While Mr.[redacted] continuously indicated to our company that he wanted to buy the
property via phone conversations and electronic communications as late as
January 15, 2015 (see page three of the email transcript), this was very
disingenuous on his part. Due to the lengthy process of buying a home, Mr. [redacted]
had to have started the procedure at least back in December (and probably before
then) considering the time of year and the holidays. While it is certainly
within Mr.[redacted]'s prerogative to not exercise his Option and buy another house
instead, he made the decision to buy another house while deceptively pretending
to our company that he still wanted to buy our home, thereby causing us
considerable legal and administrative expenses. Now Mr.[redacted] is trying to
characterize the situation as one where our company is somehow at fault event though
he knew in advance of the risks involved and that a possibility existed that he
would not be able to purchase our house and he signed a Notarized Affidavit to
this effect. The bottom line is Mr. [redacted] simply decided to buy another home and
is trying to scheme a way to get his nonrefundable option fee refunded.6)
I have enclosed a 49-page email transcript in two parts: Email Transcript A
(pages 1-41) and Email Transcript B (pages 42-49). The pages are organized in
reverse order starting with the newest on top and the oldest on the bottom.
Email Transcript A contains virtually all of the emails sent and received
(except those that were attachments only) between myself and Mr.[redacted], his wife
[redacted] and their adult daughter [redacted], who also lives in the home. Email
Transcript B consists of emails primarily among me, one of my attorneys and the
bank's attorney trying to negotiate a short sale between May 30,2014 and
December 2,2014,inclusively. Although some of the messages are unavoidably
duplicated due to ongoing email threads, you will see that there was considerable
communication beginning on December 11,2014 and continuing until February 1,
2015 by and between our company, our attorneys, the bank, the bank's attorney,
the bank's real estate agent and Mr. [redacted] and his family members.Since the
beginning of December, 2014 alone, our company has spent several thousands of dollars
in additional legal fees, document preparation, daily correspondence, etc.
trying (in good faith) to do everything we could to get this deal to close. It
is disappointing, to say the least, that we were duped by Mr. [redacted] into
spending all this time and money to help him buy a house he no longer had any
intention of purchasing for some time. Furthermore, it is not clear whether Mr.[redacted]
may have committed any mortgage violations by asking us on January 14, 2015 to
verify to his mortgage lender, in writing and under severe penalties for fraud
or misrepresentation, that he had made every rent payment on a timely basis (see
Exhibit E). We never received Mr.[redacted]'s rent payment for January, 2015 but Mr.
[redacted] said it got lost in the mail. Since Mr.[redacted]'s rent payments had always
been on time in the past, we took him at his word when he emailed us a copy of
the Certified Check receipt. However, Mr. [redacted] never sent a replacement check.In
summary, Mr. [redacted] was not "scammed in any way, shape or form and he is
not owed any money by our company. On the contrary, Mr. [redacted] still owes us past
due rent and late fees of $1550.00 and his acts of bad faith have cost us
additional thousands of dollars in legal fees and expenses. Even more disturbing,
Mr. [redacted] intentionally deceived us into telling his mortgage company that he
had made all his payments on time (in order to surreptitiously buy another home)
when he knew he had not paid his last month of rent. Furthermore, Mr. [redacted] was
completely aware that the house he was renting from our company was in
foreclosure and was a short-sale type of situation being negotiated by our
attorneys and the bank's attorney and this was fully disclosed to him before he
entered into an agreement with our company. The essence of the agreement was
that he was going to try to get financed and our attorneys were attempting to
negotiate a short sale with the lender. Although we made a full-price offer to
the bank prior to the Sheriffs Sale (see email Transcript B, page 42) they did
not commence with the short sale. It was acknowledged and understood by both Mr.
[redacted] and our company that if one or the other were not successful, the deal
would not close and Mr. [redacted] would have to find another home at some point in
the future, using the free rent he would receive under federal law as partial
or complete reimbursement for his non-refundable option fee. Mr. [redacted] knew
these risks and swore under oath in front of a Notary that he understood and
agreed to them. Now that Mr. [redacted] has decided to purchase another property, he
is fabricating allegations that are disproved on their face by the very
Affidavit and documents he signed. In light of the overwhelming evidence
supporting our position, it would appear that Mr. [redacted] is trying to harass
and/or intimidate our company into paying him money he is not owed by filing a
frivolous complaint with the Revdex.com and threatening to file
additional frivolous complaints with the court system, the Attorney General and
even the local TV stations (see Email Transcript A, page 7). At this point Mr.
[redacted] has caused us additional unnecessary expenses into the thousands of
dollars and he still owes us $1550.00 for past due rent and late fees that my
attorney has informed me would be upheld in court should we decide to pursue the
matter. I hope this correspondence and the accompanying Affidavit, agreements,
documents and email transcripts have clearly communicated our position. Please
feel free to contact me should you need any further information. Thank you.Sincerely,Brian
K. U[redacted], MemberAbbrey Homes, LLC
I appreciate you contacting me regarding a complaint filed with your office against my company by [redacted] ***Thank you for your patience while I have composed my response and researched andgathered the necessary documents for your review.In short, Mr***'s allegations are false, misleading and misrepresentative of the facts and made inbad faithI will support my position via this letter; via agreements and documents executed between Mr[redacted] and Abbrey Homes, LLC (attached as Exhibits A-E); and via email communications among allrelevant parties (attached as Email Transcripts A (pages 1-41) and B (pages 42-49)).Below is a copy of Mr***'s unmodified complaint as copied verbatim from your websiteFor easeof understanding, I will address Mr***'s allegations in chronological order immediately followinghis statement.Customer's Statement of the Problem:I entered into a contract with this company on 1/ to purchase a homeIgave them $deposit with amonth for rent where I was to get$of that credited to my acctfor another $to be credit towardthe purchase on a homeI had months to purchase the home in questionInapril I notified Abbery homes /Brian U [redacted] /Global capital/ that I hadfinancing for the homeI was to purchase the home for $before mydeposit and works credit were applied making the purchase price being a totalof $My contracts says that this company has days from the datewe acquired financing to close on the houseThis company failed to comply withthe contract for almost monthsThe house was sold at the sheriff salebecause of forclosure on 12/4/I have tried to come to some agreementwith this company to at least get my deposit of $backI have had noluck at doing this,and NOW I have been forced to find other arrangements formy farnily so that we may not be homelessThis company is a scamIf theycan not come to an agreement with me on my monies I will have no choice butto take them to court, and also have the atty general office look into thismatterAll I want is my $backI am not asking for the other monies I am out of.1) Mr [redacted] states that he entered into a contract with our company in January, to purchase a homeThis is not trueThe agreement Mr [redacted] signed was a rental agreement to rent the property (see Exhibits B and D).2) Mr [redacted] states that he paid a $deposit, but this is also not true Mr [redacted] paid for anon-refundable option to purchase the property within one year (see Exhibits A, B and C)These non-refundable option funds were "...for the purchase of an OPTION to buy the home and are not in any way shape or form to be considered a deposit on or any kind of equity in the property ." (see Exhibit A, second paragraph)Furthermore, Mr [redacted] paid no security deposit whatsoever (see Exhibit D, page two, paragraph six).3) Mr [redacted] states that our company had days from the date Mr [redacted] acquired financing to close on the houseAgain, this is not trueMr [redacted] entered into the lease and option agreement with our company with the full knowledge, understanding and agreement of the following disclosures, to which Mr [redacted] signed a sworn affidavit (see Exhibit B) in front of a Notary.a When our company acquired the property from the previous owner:iThe property was already behind in payments from the previous owner.iiSignificantly more money was owed than the property was worth.iiiThe only win-win option for all parties involved was to do a short sale.ivAs agreed to by the previous owner, our company also was not making mortgagepayments after we acquired the house in order to qualify for a short sale sincebanks will not usually consider a short sale if the mortgage payments are current.vOur company expected a foreclosure to be filed at any time.b When Mr [redacted] signed the lease and option agreements on January 13, 2014:iA foreclosure had already been filed on October 15, 2013, of which Mr***was fully aware.iiOur company's attorneys were actively representing us and the former owners in the foreclosure case at our company's expense.iiiOur company disclosed to Mr [redacted] that, while we were aggressively defending the foreclosure action, any outcome was possible, including our company losing ownership of the property even if Mr [redacted] was able to eventually qualify for a mortgage.iv Mr [redacted] was informed that in the event our company was forced to relinquish title as a result of any legal proceedings prior to Mr***'s obtaining a mortgage or the lease expiring, Mr [redacted] agreed to either move to another property our company owns and have all option consideration transferred to said property or to accept the last three months rent in the current property free of charge, regardless of whether this time period falls within or outside of Mr***'s lease, as payment in full for any option consideration he paid and/or earned through rent credits.v Mr [redacted] understood this was a risky transaction that could not be guaranteed to close due to the unpredictability of both foreclosing banks and the legal system in general and he agreed to hold harmless myself, our company and their successors and/or assigns from any legal, financial, credit or other damage, harm or loss caused or alleged to be caused by us as a result of Mr [redacted] entering into this transaction.4) Mr [redacted] claims he has tried to come to some agreement with our company to get his "deposit"back but he fully knows that he has no deposit and that his option consideration was not refundable under any circumstances, even if we lost the property to the bankWhile Mr [redacted] is trying to portray himself as a victim and he states that our "company is a scam", it is clear from the signed agreements and Mr***'s signed and Notarized Affidavit that he was not only aware of the risks of entering into a lease with option agreement regarding a property that was already in foreclosure litigation even before he signed the lease and paid his option fee, but he also agreed and accepted such risks and agreed to hold us harmless if he was not able to convert the rental into a purchaseWhile it is disappointing to both Mr [redacted] and our company that he was not able to buy the property, Mr [redacted] is now acting in bad faith by filing an inaccurate and misleading complaint with the Revdex.com and threatening to inappropriately take legal action which he agreed in writing not to do in a signed and Notarized AffidavitUnder the Protecting Tenants at Foreclosure Act, Mr [redacted] is legally entitled under federal law to a minimum of three months of free rent from the bank after all of the following have occurred and have occurred in the following order: a) the property has been successfully purchased by the bank at Sheriffs Sale; b) the Confirmation of Sheriffs Sale has been ordered by the Court; and c) the bank has given notification in writing to the tenant that they have days to vacate the premises Furthermore, many banks allow bona fide tenants like Mr [redacted] who have written leases to remain in the home rent-free until the end of their current leaseAs Mr ***'s renewal lease does not expire until December 31, 2015, it is possible he could have up to $15,worth of rent-free living with the bank's full knowledge and consent given that his monthly rent is $per monthIt is relevant to note that Mr [redacted] did not disclose in his complaint that he still owes our company $for past due rent and late fees for January, 2015, which he was liable for because our company was still the legal owner of the property.5) Mr [redacted] again portrays himself as a victim by stating he has been forced to find other arrangements for his family so that they do not become homeless, which strongly implies he has to move immediatelyThe Sheriffs Sale was not confirmed until January 22, 2015, which means that the bank was not the lawful owner until that timeMr [redacted] indicated to me several times that he was discussing the matter with his attorney, which I highly recommended, and I suggested on multiple occasions that Mr [redacted] look up online the Protecting Tenants at Foreclosure Act to verify this statute for himselfBy law, the bank could not legitimately post a 90-day notice to vacate until after this date to be in compliance with the ActAssuming the bank posted the notice the very next day (in reality it takes most banks weeks or even months to get around to posting these notices), Mr [redacted] would not have to move until April 22, 2015.However, Mr***'s actions to find another house were not because he was soon to be"homeless" as he would have you believeAfter some personal investigation, I recently discovered from another source familiar with the situation that Mr [redacted] decided not to exercise his option to purchase our property long before he filed this complaintIn fact, Mr [redacted] closed on another home around January 26, It is important to note that it takes considerable time to search for a house, get it inspected and appraised, have the title work done, verify income,have the mortgage processed and the documents finalized, schedule the closing, etc While Mr[redacted] continuously indicated to our company that he wanted to buy the property via phone conversations and electronic communications as late as January 15, (see page three of the email transcript), this was very disingenuous on his partDue to the lengthy process of buying a home, Mr [redacted] had to have started the procedure at least back in December (and probably before then) considering the time of year and the holidaysWhile it is certainly within Mr.***'s prerogative to not exercise his Option and buy another house instead, he made the decision to buy another house while deceptively pretending to our company that he still wanted to buy our home, thereby causing us considerable legal and administrative expensesNow Mr[redacted] is trying to characterize the situation as one where our company is somehow at fault event though he knew in advance of the risks involved and that a possibility existed that he would not be able to purchase our house and he signed a Notarized Affidavit to this effectThe bottom line is Mr [redacted] simply decided to buy another home and is trying to scheme a way to get his nonrefundable option fee refunded.6) I have enclosed a 49-page email transcript in two parts: Email Transcript A (pages 1-41) and Email Transcript B (pages 42-49)The pages are organized in reverse order starting with the newest on top and the oldest on the bottom Email Transcript A contains virtually all of the emails sent and received (except those that were attachments only) between myself and Mr.***, his wife [redacted] and their adult daughter [redacted] ***, who also lives in the homeEmail Transcript B consists of emails primarily among me, one of my attorneys and the bank's attorney trying to negotiate a short sale between May 30,and December 2,2014,inclusivelyAlthough some of the messages are unavoidably duplicated due to ongoing email threads, you will see that there was considerable communication beginning on December 11,and continuing until February 1, by and between our company, our attorneys, the bank, the bank's attorney, the bank's real estate agent and Mr [redacted] and his family members.Since the beginning of December, alone, our company has spent several thousands of dollars in additional legal fees, document preparation, daily correspondence, etc trying (in good faith) to do everything we could to get this deal to closeIt is disappointing, to say the least, that we were duped by Mr [redacted] into spending all this time and money to help him buy a house he no longer had any intention of purchasing for some timeFurthermore, it is not clear whether Mr[redacted] may have committed any mortgage violations by asking us on January 14, to verify to his mortgage lender, in writing and under severe penalties for fraud or misrepresentation, that he had made every rent payment on a timely basis (see Exhibit E)We never received Mr.***'s rent payment for January, but Mr [redacted] said it got lost in the mailSince Mr.***'s rent payments had always been on time in the past, we took him at his word when he emailed us a copy of the Certified Check receiptHowever, Mr [redacted] never sent a replacement check.In summary, Mr [redacted] was not "scammed in any way, shape or form and he is not owed any money by our companyOn the contrary, Mr [redacted] still owes us past due rent and late fees of $and his acts of bad faith have cost us additional thousands of dollars in legal fees and expensesEven more disturbing, Mr [redacted] intentionally deceived us into telling his mortgage company that he had made all his payments on time (in order to surreptitiously buy another home) when he knew he had not paid his last month of rentFurthermore, Mr [redacted] was completely aware that the house he was renting from our company was in foreclosure and was a short-sale type of situation being negotiated by our attorneys and the bank's attorney and this was fully disclosed to him before he entered into an agreement with our companyThe essence of the agreement was that he was going to try to get financed and our attorneys were attempting to negotiate a short sale with the lenderAlthough we made a full-price offer to the bank prior to the Sheriffs Sale (see email Transcript B, page 42) they did not commence with the short saleIt was acknowledged and understood by both Mr [redacted] and our company that if one or the other were not successful, the deal would not close and Mr [redacted] would have to find another home at some point in the future, using the free rent he would receive under federal law as partial or complete reimbursement for his non-refundable option feeMr [redacted] knew these risks and swore under oath in front of a Notary that he understood and agreed to themNow that Mr [redacted] has decided to purchase another property, he is fabricating allegations that are disproved on their face by the very Affidavit and documents he signedIn light of the overwhelming evidence supporting our position, it would appear that Mr [redacted] is trying to harass and/or intimidate our company into paying him money he is not owed by filing a frivolous complaint with the Revdex.com and threatening to file additional frivolous complaints with the court system, the Attorney General and even the local TV stations (see Email Transcript A, page 7)At this point Mr [redacted] has caused us additional unnecessary expenses into the thousands of dollars and he still owes us $for past due rent and late fees that my attorney has informed me would be upheld in court should we decide to pursue the matterI hope this correspondence and the accompanying Affidavit, agreements, documents and email transcripts have clearly communicated our positionPlease feel free to contact me should you need any further informationThank you.Sincerely,Brian KU [redacted] , MemberAbbrey Homes, LLC
I appreciate you contacting me regarding a complaint filed with your
office against my company by [redacted]. Thank you for your patience while I
have composed my response and researched andgathered the necessary documents
for your review.In
short, Mr. [redacted]'s allegations are false,...
misleading and misrepresentative of
the facts and made inbad faith. I will support my position via this letter; via
agreements and documents executed between Mr.[redacted] and Abbrey Homes, LLC
(attached as Exhibits A-E); and via email communications among allrelevant
parties (attached as Email Transcripts A (pages 1-41) and B (pages 42-49)).Below
is a copy of Mr. [redacted]'s unmodified complaint as copied verbatim from your
website. For easeof understanding, I will address Mr. [redacted]'s allegations in
chronological order immediately followinghis statement.Customer's
Statement of the Problem:I entered into a contract with this company on 1/2014
to purchase a home. Igave them $5000.00 deposit with 1250.00 amonth for rent
where I was to get$100.00 of that credited to my acct. for another $1200.00 to
be credit towardthe purchase on a home. I had 12 months to purchase the home in
question. Inapril I notified Abbery homes /Brian U[redacted]/Global capital/ that
I hadfinancing for the home. I was to purchase the home for $167900.00 before
mydeposit and works credit were applied making the purchase price being a totalof
$156700.00. My contracts says that this company has 15 days from the datewe
acquired financing to close on the house. This company failed to comply withthe
contract for almost 9 months. The house was sold at the sheriff salebecause of
forclosure on 12/4/2014. I have tried to come to some agreementwith this
company to at least get my deposit of $5000.00 back. I have had noluck at doing
this,and NOW I have been forced to find other arrangements formy farnily so
that we may not be homeless. This company is a scam. If theycan not come to an
agreement with me on my monies I will have no choice butto take them to court,
and also have the atty general office look into thismatter. All I want is my
$5000.00 back. I am not asking for the other monies i am
out of.1)
Mr. [redacted] states that he entered into a contract with our company in January,
2014 to purchase a home. This is not true. The agreement Mr. [redacted] signed was a
rental agreement to rent the property (see Exhibits B and D).2)
Mr. [redacted] states that he paid a $5000.00 deposit, but this is also not true.
Mr. [redacted] paid for anon-refundable option to purchase the property within one
year (see Exhibits A, B and C). These non-refundable option funds were
"...for the purchase of an OPTION to buy the home and are not in any way
shape or form to be considered a deposit on or any kind of equity in the property..
." (see Exhibit A, second paragraph). Furthermore, Mr. [redacted] paid no
security deposit whatsoever (see Exhibit D, page two, paragraph six).3)
Mr. [redacted] states that our company had 15 days from the date Mr. [redacted] acquired
financing to close on the house. Again, this is not true. Mr. [redacted] entered into
the lease and option agreement with our company with the full knowledge,
understanding and agreement of the following disclosures, to which Mr. [redacted]
signed a sworn affidavit (see Exhibit B) in front of a Notary.a.
When our company acquired the property from the previous owner:i. The property
was already behind in payments from the previous owner.ii. Significantly more
money was owed than the property was worth.iii. The only win-win option for all
parties involved was to do a short sale.iv. As agreed to by the previous owner,
our company also was not making mortgagepayments after we acquired the house in
order to qualify for a short sale sincebanks will not usually consider a short
sale if the mortgage payments are current.v. Our company expected a foreclosure
to be filed at any time.b.
When Mr. [redacted] signed the lease and option agreements on January 13, 2014:i. A
foreclosure had already been filed on October 15, 2013, of which Mr. [redacted]was
fully aware.ii. Our company's attorneys were actively representing us and the
former owners in the foreclosure case at our company's expense.iii. Our company
disclosed to Mr. [redacted] that, while we were aggressively defending the
foreclosure action, any outcome was possible, including our company losing ownership
of the property even if Mr. [redacted] was able to eventually qualify for a mortgage.iv.
Mr. [redacted] was informed that in the event our company was forced to relinquish title
as a result of any legal proceedings prior to Mr. [redacted]'s obtaining a mortgage or
the lease expiring, Mr. [redacted] agreed to either move to another property our company
owns and have all option consideration transferred to said property or to accept
the last three months rent in the current property free of charge, regardless of
whether this time period falls within or outside of Mr. [redacted]'s lease, as payment
in full for any option consideration he paid and/or earned through rent credits.v.
Mr. [redacted] understood this was a risky transaction that could not be guaranteed
to close due to the unpredictability of both foreclosing banks and the legal
system in general and he agreed to hold harmless myself, our company and their
successors and/or assigns from any legal, financial, credit or other damage,
harm or loss caused or alleged to be caused by us as a result of Mr. [redacted]
entering into this transaction.4)
Mr. [redacted] claims he has tried to come to some agreement with our company to get
his "deposit"back but he fully knows that he has no deposit and that
his option consideration was not refundable under any circumstances, even if we
lost the property to the bank. While Mr. [redacted] is trying to portray himself as a
victim and he states that our "company is a scam", it is clear from the
signed agreements and Mr. [redacted]'s signed and Notarized Affidavit that he was
not only aware of the risks of entering into a lease with option agreement
regarding a property that was already in foreclosure litigation even before he
signed the lease and paid his option fee, but he also agreed and accepted such
risks and agreed to hold us harmless if he was not able to convert the rental
into a purchase. While it is disappointing to both Mr. [redacted] and our company
that he was not able to buy the property, Mr. [redacted] is now acting in bad faith
by filing an inaccurate and misleading complaint with the Revdex.com
and threatening to inappropriately take legal action which he agreed in writing
not to do in a signed and Notarized Affidavit. Under the Protecting Tenants at
Foreclosure Act, Mr. [redacted] is legally entitled under federal law to a minimum of
three months of free rent from the bank after all of the following have
occurred and have occurred in the following order: a) the property has been
successfully purchased by the bank at Sheriffs Sale; b) the Confirmation of
Sheriffs Sale has been ordered by the Court; and c) the bank has given
notification in writing to the tenant that they have 90 days to vacate the premises.
Furthermore, many banks allow bona fide tenants like Mr. [redacted] who have written leases
to remain in the home rent-free until the end of their current lease. As Mr.
[redacted]'s renewal lease does not expire until December 31, 2015, it is possible he
could have up to $15,000.00 worth of rent-free living with the bank's full
knowledge and consent given that his monthly rent is $1250.00 per month. It is
relevant to note that Mr. [redacted] did not disclose in his complaint that he still
owes our company $1550.00 for past due rent and late fees for January, 2015,
which he was liable for because our company was still the legal owner of the
property.5)
Mr. [redacted] again portrays himself as a victim by stating he has been forced to
find other arrangements for his family so that they do not become homeless,
which strongly implies he has to move immediately. The Sheriffs Sale was not
confirmed until January 22, 2015, which means that the bank was not the lawful
owner until that time. Mr. [redacted] indicated to me several times that he was
discussing the matter with his attorney, which I highly recommended, and I suggested
on multiple occasions that Mr. [redacted] look up online the Protecting Tenants at Foreclosure
Act to verify this statute for himself. By law, the bank could not legitimately
post a 90-day notice to vacate until after this date to be in compliance with
the Act. Assuming the bank posted the notice the very next day (in reality it
takes most banks weeks or even months to get around to posting these notices),
Mr. [redacted] would not have to move until April 22, 2015.However, Mr. [redacted]'s
actions to find another house were not because he was soon to be"homeless"
as he would have you believe. After some personal investigation, I recently discovered
from another source familiar with the situation that Mr. [redacted] decided not to
exercise his option to purchase our property long before he filed this
complaint. In fact, Mr. [redacted] closed on another home around January 26, 2015. It
is important to note that it takes considerable time to search for a house, get
it inspected and appraised, have the title work done, verify income,have the
mortgage processed and the documents finalized, schedule the closing, etc.
While Mr.[redacted] continuously indicated to our company that he wanted to buy the
property via phone conversations and electronic communications as late as
January 15, 2015 (see page three of the email transcript), this was very
disingenuous on his part. Due to the lengthy process of buying a home, Mr. [redacted]
had to have started the procedure at least back in December (and probably before
then) considering the time of year and the holidays. While it is certainly
within Mr.[redacted]'s prerogative to not exercise his Option and buy another house
instead, he made the decision to buy another house while deceptively pretending
to our company that he still wanted to buy our home, thereby causing us
considerable legal and administrative expenses. Now Mr.[redacted] is trying to
characterize the situation as one where our company is somehow at fault event though
he knew in advance of the risks involved and that a possibility existed that he
would not be able to purchase our house and he signed a Notarized Affidavit to
this effect. The bottom line is Mr. [redacted] simply decided to buy another home and
is trying to scheme a way to get his nonrefundable option fee refunded.6)
I have enclosed a 49-page email transcript in two parts: Email Transcript A
(pages 1-41) and Email Transcript B (pages 42-49). The pages are organized in
reverse order starting with the newest on top and the oldest on the bottom.
Email Transcript A contains virtually all of the emails sent and received
(except those that were attachments only) between myself and Mr.[redacted], his wife
[redacted] and their adult daughter [redacted], who also lives in the home. Email
Transcript B consists of emails primarily among me, one of my attorneys and the
bank's attorney trying to negotiate a short sale between May 30,2014 and
December 2,2014,inclusively. Although some of the messages are unavoidably
duplicated due to ongoing email threads, you will see that there was considerable
communication beginning on December 11,2014 and continuing until February 1,
2015 by and between our company, our attorneys, the bank, the bank's attorney,
the bank's real estate agent and Mr. [redacted] and his family members.Since the
beginning of December, 2014 alone, our company has spent several thousands of dollars
in additional legal fees, document preparation, daily correspondence, etc.
trying (in good faith) to do everything we could to get this deal to close. It
is disappointing, to say the least, that we were duped by Mr. [redacted] into
spending all this time and money to help him buy a house he no longer had any
intention of purchasing for some time. Furthermore, it is not clear whether Mr.[redacted]
may have committed any mortgage violations by asking us on January 14, 2015 to
verify to his mortgage lender, in writing and under severe penalties for fraud
or misrepresentation, that he had made every rent payment on a timely basis (see
Exhibit E). We never received Mr.[redacted]'s rent payment for January, 2015 but Mr.
[redacted] said it got lost in the mail. Since Mr.[redacted]'s rent payments had always
been on time in the past, we took him at his word when he emailed us a copy of
the Certified Check receipt. However, Mr. [redacted] never sent a replacement check.In
summary, Mr. [redacted] was not "scammed in any way, shape or form and he is
not owed any money by our company. On the contrary, Mr. [redacted] still owes us past
due rent and late fees of $1550.00 and his acts of bad faith have cost us
additional thousands of dollars in legal fees and expenses. Even more disturbing,
Mr. [redacted] intentionally deceived us into telling his mortgage company that he
had made all his payments on time (in order to surreptitiously buy another home)
when he knew he had not paid his last month of rent. Furthermore, Mr. [redacted] was
completely aware that the house he was renting from our company was in
foreclosure and was a short-sale type of situation being negotiated by our
attorneys and the bank's attorney and this was fully disclosed to him before he
entered into an agreement with our company. The essence of the agreement was
that he was going to try to get financed and our attorneys were attempting to
negotiate a short sale with the lender. Although we made a full-price offer to
the bank prior to the Sheriffs Sale (see email Transcript B, page 42) they did
not commence with the short sale. It was acknowledged and understood by both Mr.
[redacted] and our company that if one or the other were not successful, the deal
would not close and Mr. [redacted] would have to find another home at some point in
the future, using the free rent he would receive under federal law as partial
or complete reimbursement for his non-refundable option fee. Mr. [redacted] knew
these risks and swore under oath in front of a Notary that he understood and
agreed to them. Now that Mr. [redacted] has decided to purchase another property, he
is fabricating allegations that are disproved on their face by the very
Affidavit and documents he signed. In light of the overwhelming evidence
supporting our position, it would appear that Mr. [redacted] is trying to harass
and/or intimidate our company into paying him money he is not owed by filing a
frivolous complaint with the Revdex.com and threatening to file
additional frivolous complaints with the court system, the Attorney General and
even the local TV stations (see Email Transcript A, page 7). At this point Mr.
[redacted] has caused us additional unnecessary expenses into the thousands of
dollars and he still owes us $1550.00 for past due rent and late fees that my
attorney has informed me would be upheld in court should we decide to pursue the
matter. I hope this correspondence and the accompanying Affidavit, agreements,
documents and email transcripts have clearly communicated our position. Please
feel free to contact me should you need any further information. Thank you.Sincerely,Brian
K. U[redacted], MemberAbbrey Homes, LLC