Hello, my name is Michelle Cadwell and I am an executive assistant at the Law Offices of Armen Janian and Associates. I wanted to address some issues that are stated in your post and raise some questions to the validity and credibility to some of the facts in your posting.
Mrs. Angry and Frustrated you retained our services on October 28th of 2009. The amount retained for our services was 2,900.00, which you did not send all at one time. We had offered you an affordable payment program which allows any of our clients to pay in payments that are affordable and can fit within budgets to make obtaining legal services possible for many consumers. You signed a check purchase authorization that allowed us to bill your account twice in the amount of 1400.00 on October 30th of 2009 and then again for the final payment of 1500.00 on January 4th, 2010. This allowed for your budget to not be strained during the holiday season. We overextended ourselves to you by 24 days to allow us to gather the remaining balance of the retainer for the services rendered at our offices per the real estate contract for modification services.
On November 2nd, 2009 your file reached our processing department; however, we did not have complete current bank statements for 2 months (you faxed us incomplete bank statements from July thru mid-September) and your 1040s from 2008. On this date we then faxed over the authorization from our office to your lender and also called you and left a voicemail regarding missing documents from your file. From this point you were transferred over to the negotiation department on November 12th of 2010 which you were assigned to Bessie Corona.
Bessie called and introduced herself after she called the lender on November 17th, 2010. The 20th of November she called and emailed you to ask again for the missing conditions in order to complete your file, which were two current bank statements and your 1040s from 2008. We continued to email you for current paystubs and bank statements as we do with each client to show your lender that you are still in the same hardship that you were in when you started the loan modification process. On December 11th your lender requested that we fax in proof of your rental agreement in the amount of 800.00. At this time your lender requested that another authorization form from them be sent out to you due to updated lender guidelines that will not allow them to work with 3rd parties. These documents have to be sent directly from the lender to the client to fill out and return in order for our company to speak with your lender. Your file was assigned to a negotiator at the end of December. Bessie then left the negotiating department which your file was then reassigned to Richard Martinez.
Mr. Martinez was assigned the file on January 6th, 2010. He sent out a QWR or a Quality Written Report to your lender in which we subpoena all original loan documents to from lender make sure that there are no illegal lending practices that were performed on your loan. January 13th, Richard conferences a call with both Mrs. Angry and Frustrated and Midland Mortgage whom we spoke with Laquisha (Id # 1823); she stated that we needed to resubmit all financials again which needed to be filled out on their modification packet. Over the course of six business days Richard underwrote the file once more to make sure that it would qualify for a modification, forbearance or a repayment plan to keep the client in her home. On the 21st of the month Richard called the lender again and spoke to Tracy (Id #0323) and went over these financials and got the client prequalified for a modification program.
Richard called into the lender with the client on a conference call on February 1st for a routine status and update check. When he spoke with Lisa (ID # 1859) she transferred Richard to Rachel in Loss Mitigation the negotiator was requesting a check stub to show that the client was still receiving rental income and told them to fax this in to 405-858-3534. At this time there was not a sale date on the property and the property was not in a foreclosure status yet, even though the client had been behind since April of 2009. On February 9th of 2010 a quality control call was placed on the account to verify the notes and we spoke with Nikki (ID 1498). This is our actual notes within our tracking system:
2/9/2010 5:32 PM Anna General QUALITY CONTROL CALL: called lender for status; spoke to Nikki financials were just updated 01/2010 however for any other information we need to speak to negotiator Rachel Robinson hours 8am-5pm fax auth to 405-858-3000. Also stated that the client had called in and spoke to Rachel but we would have to speak with her since Nikki cannot access those notes.
Richard was promoted to a team lead which he had direct supervisions over Pat who took over the file on the 17th of February. The next day the client was called at her home and her cell phone number to introduce herself and the updated required documents that were needed for the file.
2/22/2010 11:47 AM pat Status Called Lender, spoke to Monica(ID 1344), was told that per Investor guidelines client's packet got denied for any modification program except a repayment plan to catch up, which it will bring client's payment to $400 more than the regular payment of $1414.12. Client has no cash flow or contribution, behind on payment since Apr. 09 until now.
A few days later I spoke directly with the client:
2/26/2010 7:16 AM Michelle General Spoke with the client today and she was very upset. She explained to me that they are currently behind since about May. They attempted to make three full payments September and October and November to show the bank that they are willing to keep the home. They had to make these payments on time and then they did not make the November payment since she could not afford to pay all of her bills during this month. She also explained to me that she was given the list of the expenses that he was supplied to the lender so she could call her own expenses in but it is unclear if she ever called them into the lender. She wants to speak with a supervisor that is directly involved with Richard.
To address her concerns for Richard and his team I forwarded the complaint to Richard’s supervisor Arlena to further assist the client. When she called the bank to achieve a status so she could properly assist your issue and here are the notation in lead trac:
2/26/2010 8:46 AM Arlena General called the lender and spoke w/Christina (id 0053) said that due to the negotiator running the clients credit and showing their actual accounts that report to the credit agencies; the customer has a deficit at the end of the month and the bank will not offer them any type of workout per the guidelines of the investor but a repayment plan to get her caught back up with her loan. I called the customer at the number listed and gave her the information she said she wanted a full refund I advised her Brittany is out of the office and she can contact veronica or David Johnson but it normally takes 30 business days from the day of request by email or letter.
Per your real estate retainer in Section 5 “Refund policy explicitly states: Attorney shall refund client if attorney cannot facilitate a loan modification within 180 business days of client signing this agreement and Client provides Attorney with written notice of termination signed by Client. A complete refund shall be paid to Client within 30 business days from receiving Client’s written notice of termination. Client shall be entitled to any refund under the following circumstances:
A) Client materially misrepresents to Attorney, Client’s income, assets, employment or employment prospects, occupancies status of subject property requiring a loan modification, monthly living expenses such as food, clothing, health care, insurance coverage, automobile or any other pertinent and necessary place of information retained by the client and needed by attorney; and
B) Client is required to enter into a forbearance agreement with Lender/ Servicer in order to procure a subsequent loan modification and Client is unwilling to enter into the forbearance agreement; and
C) Client is required by Lender/ Servicer to pay a “good faith deposit” or deposit in order to procure a forbearance agreement and subsequent loan modification or and Client is unable to come up with the good faith deposit or Client is unwilling to pay such deposit to Lender or Servicer; and
D) Lender requires Client to reduce Client’s non-mortgage liabilities through a debt settlement agency, company or law firm and Client does not do so; and
E) Client is uncooperative with Attorney with required documents in order to procure a loan modification within a structure.
Even though per your lender you did not qualify for anything but a repayment plan; which is to get you caught up with your payment and to show the investor that you are willing to keep the house you did not qualify for an entire refund. You were also in breach of Section 5 A and B per your Real Estate contract that you signed on October 28th, 2009. However we issued an refund, which should have not been issued to you no later than April 9th, 2010, on March 23rd, 2010 in the amount of 2,900.00 which was the entire amount of retainer fee.
Furthermore, when this complaint was issued, I performed some of my own research on the account regarding you being able to retain a, “modification” yourself and not through our offices. Since Midland Mortgage required you as a client to a 3rd party to state your expenses yourself over the phone to them our Negotiator Richard Martinez gave you a copy of the underwriting which you stated you still had on the February 26th. I called back into the lender to see what kind of, “modification,” that you were able to achieve on your own instead of using our services. These are the notes in rearguards to your account at the bank about the “modification” you received from them:
3/23/2010 11:11 AM Michelle General Per Stephanie (ID #0265) Owner lost modification at the end of last year due to not making the last of three payments they set the client up on which was November; As of now they are pending a loan modification with the bank. Stephanie transferred me to review notes on the account. Heather (ID #1996) was plan set on account; it is a Repayment that will go into a modification; Repayment it took everything the client was behind To get the client caught up on the months that she was behind and to get her out of foreclosure. Heather verified the expenses that the client used which were the exact same expenses that were on our Negotiator Richard’s underwriting sheet.
However we are a legitimate company and we very strongly feel if you do not feel that you were treated in a professional manner or felt neglected during the process, we are very apologetic for these feelings. All of our clients we do realize that this is more than a home; it is a life that is built around it and we try to do everything within our power to prohibit foreclosure or even selling of your property. I will say if you do keep up with your payments that your investor will hopefully see this a good faith payment to stay in your home and give you a modification offer. We wish you the very best in this endeavor.
Best,
Michelle Cadwell
620 N Brand St
5th Floor
Glendale, Ca 91203
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