ALD Restorations LLC

From: Jesse A [redacted] Sent: Monday, December 19, 3:PM To: info Subject: elite complaint [redacted] This is in response to a complaint # [redacted] It concerns as resale of his propertyShort version under Indiana law any time a home is sold and an estopple letter is requested, the person filling it out or replying for any reason can charge up to $per requestThere is a lot of work that goes into these it is not just he paid or did notIn previous years prior to management companies or private managers who handled HOA business would charge up to dollars for thisWe have always charged dollarsWell since the law changed in we took a different approachThe same reason the law was changed to many real estate companies and title companies would burry this in the paperwork and usually it was added into closing costs so no one would really even look at it or know they got charged for it until way after the closing was overI assume the title companies and real-estate company representative decided it was less work to discuss it or decide who paid that for closing portion of the homeActually most of the information is more about the new owner than the old ownerMy opinion is it should be split between new owner and old ownerBut I am not negotiating the fees nor am I the realtor or title company nor can I control how they do business and even after the law changed putting limits on the amount that can be charged the title companies and real estate reps just kept on plugging awayThis is why we started asking for it upfront, to bring it to your attention I can pretty much guarantee he paid it before if he had lived in an hoa with either a management company or private managerBut either way, the fee can be charged up to $per Indiana LawWe only charge $We also changed our process for providing this information to the title company to try and actually assist the consumer know about these fees more upfront so they have time to get with the real estate agent and say what is this? and why is it not negotiated like other closing costs??? my company and one other has made this change all others still bury it in and no one even knowsI don’t believe that is the right thing to do so we ask for it upfrontUsually an owner knows about it weeks before closing as this is when they start the title research part of their workIf the title or real-estate company does their part they will tell the owner way up front so they have time to negotiateBut there are a few occasions I have seen where the title company or the agent does not say anything until the day of or the day before then it is usually too late to negotiateUsually when I have seen this, happen it is either a hard to work with seller and it is one less thing to deal withOr the title company you used does not want to make waves eitherBy them waiting to the last minute they got you by the short hairs and unless you cancel the closing they say just pay the fundsAnd you get upsetSo the issue really is with your real estate company or the title company you closed withBoth of these parties know these fees are thereAnd both parties start working on this the minute you sign the paperThis is and has been standard practice for a decade or longerI personally have dealt with it for yearsIt is not new and every agent knows it is being chargedAgain your agent held it from you till the last minuteYour agent or title company had more than enough time to explain it to you and I feel you complaint is with them for not telling youCall any title company in the book or real-estate agent and they will tell you about thisIt is not a new thing nor is it being held against youIt appears you got bad advice from an agent or title company Jesse A [redacted] EMain Street, Suite A Greenwood, INPhone 317-534-Fax [email protected]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.The paperwork you provided took no more than 2 minutes to put together.  Your system should auto generate this information as soon as an employee types my name in.  It would not have needed to be provided in the first place, if you had provided me a receipt of payment the last time I paid the dues.  That is all the paperwork you provided was.  Regardless of what the law says you can charge, I need to be aware of the charges ahead of time.   The same way the law has restrictions on the amount of interest you can be charged on a loan, you still have to have the disclose the rate before the service is started, even if it is less than the legal limit.  My stance has not changed.  Failure to disclose this fee to me at the time service was started is unethical, and you are using the pending home sale against me to collect your undisclosed fee. 
Regards,
[redacted]

From: Jesse A[redacted] <[email protected]> Sent: Monday, December 19, 2016 3:22 PM To: info Subject: elite complaint [redacted]   This is in response to a complaint # [redacted]   It concerns as resale of his property. Short version under Indiana law any time a home is sold and an estopple...

letter is requested, the person filling it out or replying for any reason can charge up to $250 per request. There is a lot of work that goes into these it is not just he paid or did not. In previous years prior to 2015 management companies or private managers who handled HOA business would charge up to 500 dollars for this. We have always charged 150 dollars. Well since the law changed in 2015 we took a different approach. The same reason the law was changed to many real estate companies and title companies would burry this in the paperwork and usually it was added into closing costs so no one would really even look at it or know they got charged for it until way after the closing was over. I assume the title companies and real-estate company representative decided it was less work to discuss it or decide who paid that for closing portion of the home. Actually most of the information is more about the new owner than the old owner. My opinion is it should be split between new owner and old owner. But I am not negotiating the fees nor am I the realtor or title company nor can I control how they do business and even after the law changed putting limits on the amount that can be charged the title companies and real estate reps just kept on plugging away. This is why we started asking for it upfront, to bring it to your attention.   I can pretty much guarantee he paid it before if he had lived in an hoa with either a management company or private manager. But either way, the fee can be charged up to $250 per Indiana Law. We only charge $150. We also changed our process for providing this information to the title company to try and actually assist the consumer know about these fees more upfront so they have time to get with the real estate agent and say what is this? and why is it not negotiated like other closing costs. ??? my company and one other has made this change all others still bury it in and no one even knows. I don’t believe that is the right thing to do so we ask for it upfront. Usually an owner knows about it weeks before closing as this is when they start the title research part of their work. If the title  or real-estate company does their part they will tell the owner way up front so they have time to negotiate. But there are a few occasions I have seen where the title company or the agent does not say anything until the day of or the day before then it is usually too late to negotiate. Usually when I have seen this, happen it is either a hard to work with seller and it is one less thing to deal with. Or the title company you used does not want to make waves either. By them waiting to the last minute they got you by the short hairs and unless you cancel the closing they say just pay the funds. And you get upset. So the issue really is with your real estate company or the title company you closed with. Both of these parties know these fees are there. And both parties start working on this the minute you sign the paper. This is and has been standard practice for a decade or longer. I personally have dealt with it for 19 years. It is not new and every agent knows it is being charged. Again your agent held it from you till the last minute. Your agent or title company had more than enough time to explain it to you and I feel you complaint is with them for not telling you. Call any title company in the book or real-estate agent and they will tell you about this. It is not a new thing nor is it being held against you. It appears you got bad advice from an agent or title company.   Jesse A[redacted]   100 E. Main Street, Suite A Greenwood, IN. 46143 Phone 317-534-0200 Fax 317-534-0201 [email protected]