Sunrise Assessment Services

Review: Hi,We want to file a complaint on Sunrise Assessment Service for UNFAIR PRACTICE:First of all, Sunrise Assessment Service is not a registered business.Second, this is a collection service but they forced us to pay the full amount or the apartment would be foreclosed.Third, To prevent the apartment got foreclosed and even through we didn't sign the contract, we made the payments as the amount they required monthly, again they put us further in debt by collecting their money first instead of all payments must pay toward the debt first.Fourth, The bankruptcy got dismissed at the time we set the plan, but they charge the fee for bankruptcy monitoring.Fifth, Payment of $315 is not Credited on the agreement.Sixth, They charge us $80 each time they sent a letter of notification within California postage when we pay them monthly to get the debt paid off and prevent the sale.Seventh, They charge interest and late fees for the months not even due yet for the 12th month period.They treat us as almost same as they treated others which was written in the link of DavisWiki.orghttp://daviswiki.org/Sunrise_Assessment_ServicesDesired Settlement: The settlement we want is:We would like Sunrise Assessment Service to follow the law and perform a fair practice without taking advantage from us as we have already been in debt, we don't want a bigger and overcharged debt. We would like Sunrise Assessment to adjust the amount that they overcharged and wrong charged.

Business

Response:

Mortgage Lender Services, Inc. dba Sunrise Assessment Service is a California corporation in good standing with required business licenses from the City of Folsom, where we are located. Mr. [redacted] purchased a home in December 2007 that is located in a planned unit development. He is subject to the CC &R’s of the development and to pay assessments that maintain the properties and community. We are not a traditional collection company but an assessment trustee company. We follow procedures set forth in California Civil Code. These code sections allow for the association to record a lien against the subject property and foreclose on the lien. Since homeowner associations survive on the assessments, it is necessary for them to follow policies they have established to collect from non-paying owners. In October 2011, the homeowners association referred this account to Sunrise Assessment Service to collect delinquent assessments. At the time of referral the account balance was several thousand dollars. Pursuant to California Civil Code, we mailed the homeowner a pre-lien notice by certified and first class mail. Pursuant to the homeowner association board’s vote and thirty days having passes since we mailed the pre-lien notice, we recorded a Notice of Delinquent Assessment against the subject property in January 2012. Again pursuant to California Civil Code, the board voted instructing Sunrise to record a Notice of Default on the property. In August 2012, our account was placed on hold due to the owner filing for bankruptcy protection. In May 2013, the bankruptcy case was dismissed and closed. In June, 2013, the association board instructed us to proceed with the foreclosure by scheduling a trustee’s sale. The original sale was scheduled for August 23, 2013. In early August, Mr. [redacted] contacted our company and was provided an estimated amount to pay all past due assessments including our fees/costs. Because we were waiting for newspaper costs for publishing the Notice of Sale, we could not give him exact amounts. He was offered a one year payment plan to pay current amounts due which would include the monthly assessments that came due during the term of the plan. The estimated payment was $1,814.00. He agreed to the terms and was mailed a repayment agreement that states upon making the first payment they agree to the terms. A payment plan is an accommodation to the homeowner and not a requirement for the association or Sunrise to provide. The homeowner agrees to waive the application of payments as stated in Civil Code, to pay our fees and costs prior to the association being paid. While the homeowner is paying pursuant to a payment plan, the association cannot charge late fees for the assessments that come due during the term. When we received the invoice mentioned above, the newspaper costs were less than our estimate and we notified Mr. [redacted] that he could make a lower payment. He insisted on making the original payment amount. Sunrise employees have had numerous conversations with Mr. [redacted] since August and have responded to each and every one of his requests. The $315.00 payment he mentioned in his complaint is a payment to the homeowners association that he has never produced a copy of the front and back of the check so we can have the association research. During the term of the payment plan, we are postponing the pending trustee’s sale as payments are received from Mr. [redacted]. California Civil Code requires that we mail notice of the postponement to the owner(s). These notices are mailed by certified and first class mail to the address(es) we have for the owner. We have charged mailing costs of $37.50 each time we have postponed the sale. If Mr. [redacted] had contacted us early in the process to make payment arrangements, he would not have incurred many of the costs he is complaining about.

Consumer

Response:

I am rejecting this response because:

This from the license devision in Folsom CA

According to the license dept in Folsom Ca. Sunrise does not have a license to do business there, please see quote: