• Report: #383694

Complaint Review: First Option Mortgage, LLC

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  • Submitted: Wed, October 22, 2008
  • Updated: Mon, March 30, 2009

  • Reported By:Indianapolis Indiana
First Option Mortgage, LLC
400 Galleria Parkway Ste. 1750 Atlanta, Georgia U.S.A.

First Option Mortgage, LLC Failure to pay income when due (I.C. 22-2-9), and/or making of deductions that are not authorized by the employee. Atlanta Georgia

*Consumer Comment: IS FIRST OPTION MORTGAGE A GOOD COMPANY TO DO BUSINESS WITH?

*Author of original report: We have reached an agreement that is currently in process

*Author of original report: First Option Mortgage & First Option Lending

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First Option Mortgage, LLC terminated me on July 21, 2008. Subsequently, I did not receive commissions on two pre-termination transactions. In addition, the company deducted $1,300 in employee expenses and a Fed-Ex overnight fee of $10. The commissions total $2.400, resulting from $8,000 in fees generated on two mortgage transactions. The total base amount owed to me thus comes to $3,710.

In Indiana, failure to pay income when due (I.C. 22-2-9), and/or making of deductions that are not authorized by the employee or able to be deducted under the 13 limited categories permitted under Indiana law (I.C. 22-2-6) subjects employers to treble damages (three times the total amount due) plus the employee's attorneys' fees (I.C. 22-2-5). Consequently, I am pursuing the matter in court currently. As of October 21, 2008 we had to file the lawsuit in Marion County, Indianapolis IN do to the fact that we were told to Go ahead and file the lawsuit by Kim Winslow, Corporate Executive to Kurt A. Nikolai, Partner and Owner in a last ditch effort to resolve this matter. I should be able to recover nearly $12,000 due to the failure to pay commissions and improper deductions, along with attorneys' fees that could easily amount to tens of thousands of dollars.

We are willing to settle the matter immediately for the payment of the principal amount due and of a reasonable attorney fee's thus far. Consequently, the matter is ripe for resolution still for something less than $5,000. Along with that, we would anticipate willingness on First Option Mortgage, LLC to provide a positive letter of reference.

We have attempted to contacted Kurt A. Nikolai, Partner and Owner through mail, email, and phone to achieve a resolution and have had no response. If we do not achieve a resolution not only will we seek recovery for the foregoing amounts under Indiana law, but also due to the failure of the organization to properly remit the amounts it was obliged to pursuant to federal and state withholding requirements, including the 8% employer share under the Social Security and Medicare Acts. It also may be that Mr. Brown could pursue an equal rights claim under either or both Title VII and state law.

We are hopeful to be able to achieve an expeditious resolution along the lines proposed. Our effort is to compromise this dispute with First Option Mortgage, LLC how ever we have had no cooperation from any representative or Kurt A. Nikolai, Partner and Owner of the organization. In which it seems this matter will now be brought before a Judge in a court of law in the State of Indiana.

Note: We have all documentation in regards to the above referenced report.

Nathan
Indianapolis, Indiana
U.S.A.

This report was posted on Ripoff Report on 10/22/2008 09:07 AM and is a permanent record located here: http://www.ripoffreport.com/r/First-Option-Mortgage-LLC/Atlanta-Georgia-30339/First-Option-Mortgage-LLC-Failure-to-pay-income-when-due-IC-22-2-9-andor-making-of-383694. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

IS FIRST OPTION MORTGAGE A GOOD COMPANY TO DO BUSINESS WITH?

AUTHOR: Andrea - (U.S.A.)

HEY IS THIS A GOOD PLACE TO GO AND GET A REFINANCED LOAN?

I HEARD THEM ON THE RADIO IN ATLANTA AND THEY SEEM TO BE OFFERING GOOD RATES , LOW CLOSING COST, ETC.

SOMEONE PLEASE LET ME KNOW IF THIS IS A CHOICE TO MAKE.


NEED TO REFI IN ATLANTA
ANDREA
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#2 Author of original report

We have reached an agreement that is currently in process

AUTHOR: 1stoptionemployee - (U.S.A.)

We are happy to bring this matter to a close and we will report back once a check is received in two weeks from today on December 4, 2008.

My claim against First Option Mortgage LLC has been resolved to my satisfaction. I am dismissing my lawsuit against the company pending payment.

Attorney Tom W Blessing advised us "after that has been posted for 2 weeks, my client will send you a check along with a release and dismissal paperwork."
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#3 Author of original report

First Option Mortgage & First Option Lending

AUTHOR: 1stoptionemployee - (U.S.A.)

We now have a court date approved for November 20, 2008 at 9:00am.

We will continue to seek a resolution with First Option Mortgage and keep this report current

Thank you for your support and attention.
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