• Report: #601848

Complaint Review: Hays And Associates

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  • Submitted: Mon, May 10, 2010
  • Updated: Mon, May 17, 2010

  • Reported By: suzanne — delaware city Delaware United States of America
Hays And Associates
26090 Towne Centre Foothill Ranch, California United States of America

Hays And Associates Hays Law Center CPL Given the run around until I am in danger of losing my home! Foothill Ranch, California

*UPDATE Employee: Also...

*UPDATE Employee: Shocking how many concerned consumers give other consumers bad advice...

*Consumer Comment: Sigh

*UPDATE Employee: Please allow me to retort

*Consumer Comment: Advise

*UPDATE Employee: This posting is completely erroneous!

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October 1 2009, my husband and I had almost run out of savings due to a layoff. He found another job but we were still in trouble financially. We went to our lenders website (GMAC) to see if there was anything we cound do. Linked off my lenders website was a company called Hays and Associates, they promised they could negotiate a mortgage modification in short order. (for a fee $3,195, in three installments of $1065 each) We knew we only had a finite amount of cash left, but they assured us that paying this money now was preferable to losing our home.


Our contact with Hays was one Michael Deets. After assuring us that his company could help us, his first order of business was to get us to write the checks and to tell us NOT TO SPEAK TO OUR MORTGAGE COMPANY OR PAY OUR MORTGAGE while they worked on the case. I know, I should have seen the red flag at this point but the only red flag I was seeing at the time was the fact that I could not pay my mortgage. We were sent emails with some paperwork to print and sign, told what documentation was needed to get the case opened. I sent notification to my lender that I gave permission for this company to seek a modification in my stead, and all the paperwork they told me was necessary. Later I asked if they needed any further pay stubs and whatnot to add to the continuing case and was told that 'oh no, we will let you know if you need to send anything else.'


A couple of weeks into my dealings with this company, getting them on the phone or in email became a nightmare. It was like they had dropped off the face of the planet. When I did get throught they told me that they were having email issues and reworking their phone system. I was also jockeyed from one 'case manager' to another. One in particular treated me like I was an uneducated hick that did not know her a*s from her elbow. I assure you this is not the case. My emails and calls got progressively sharper over the seven months I dealt with this company, to no avail. The answers when I got them were short and held no real information as far as how my case was progressing.


I did finally receive a workout package from my lender, Hays told me that when it arrived I was to fax it to them before I did ANYTHING. I faxed, and waited an additional two months for an answer, which was unsatisfying like every other time I spoke to them. I emailed for the next month trying to get an idea of what was next. When I told them I could not afford the offer. The woman who was my case manager (Jessella Tiatia) Told me that I should stop eating steak if I wanted to save my house! WHAT? She told me that we SHOULD HAVE PAID THE AMOUNT ON THE WORKOUT PACKAGE and that she was going to have to renegotiate the whole thing. I took her at her word and told her to please do so. When I talked with her after that she was always snippy and mean (only spoke to her twice) after that they completely ignored my pleas for help. Another month, I finally got through to her with some nasty emails. I looked at the site they sent me to that was supposed to have my info on it and found that my case was inactive with the loss mitigation department at GMAC because I had not begun paying when I received the workout package.


LESSON LEARNED. I called my lender immediately and explained the situation to them. They offered to do my mortgage mod FOR FREE. They also told me that Hays and Associates had been removed from their website as a reputable company, as they had gotten the same kind of complaints from other clients. Along with my mortgage mod paperwork, I submitted a revocation of permission to speak on my behalf, naming hays as the slime they were.


I can only hope that GMAC will take pity on me and the others that have been taken advantage of by these charlatans. I have also started counseling through a non profit, I am in contact with my lender almost daily.


This report was posted on Ripoff Report on 05/10/2010 09:28 PM and is a permanent record located here: http://www.ripoffreport.com/r/Hays-And-Associates/Foothill-Ranch-California-92610/Hays-And-Associates-Hays-Law-Center-CPL-Given-the-run-around-until-I-am-in-danger-of-losin-601848. 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:
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Updates & Rebuttals

#1 UPDATE Employee

Also...

AUTHOR: Mike - (United States of America)

Here is also a link directly to the CA state bar where our corporate offices are. As you can see we have had no disciplinary action in 61 years. We must be doing something right.

 http://members.calbar.ca.gov/search/member_detail.aspx?x=20286

Also Susan, in your last posting you have my named spelled Micheal. My name is not spelled that way. I have put my name and title in each posting.

Sincerely,

Michael Deets

Sr. Case Manager

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#2 UPDATE Employee

Shocking how many concerned consumers give other consumers bad advice...

AUTHOR: Mike - (United States of America)

Susan,

The State Attorney General is an attorney.

In order for someone to be an attorney and or practice law as an attorney they would need to be registered with the state bar.

Any information or correspondence from the State Attorney General's office regarding an attorney or a law firm would be forwarded to the state bar of that state and the state bar the attorney is located in.

Usually there is a link right on the website. They all work together. Better to go right to the source of something. I suggested it because it saves time and it's where the information about the law firm or attorney is listed.

I am a Sr. Case Manager not an attorney. There is no information there in regards to me, however the attorney's and law firm information is.

Again, thank you for the concern but I assure you I know much more about all this than you do. Seeing how concerned you are for someone else's situation not pertaining to you, I'm sure any other information you have to provide will have the necessary research done to make sure it's correct...

Sincerely,

Michael Deets

Sr. Case Manager

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#3 Consumer Comment

Sigh

AUTHOR: Susan - (USA)

Michael, I suggested that she read at www . attorneygeneral . delaware.gov / mortgageforeclosure

I didn't suggest Delware State Bar Association. Why did you? 

Suzanne, Micheal said Delaware State Bar Association, not me.  Give them a call and see if they have heard of Hays and Associates, Hays Law Center or Micheal Deets. 

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#4 UPDATE Employee

Please allow me to retort

AUTHOR: Mike - (United States of America)

Thank you for your concern Susan. Most people only hear when someone says something bad or wrong about another, however you never hear positive or good things being posted when a job is well done.


We are only trying to air the truth here. There was no personal information provided here. We did not give the name of this person or any information that isn't part of a public record. A mortgage payment and credit card debt are all part of public records that anyone can access.


There was no last names, social security numbers, or account numbers provided here. Only a note showing a mortgage payment and consumer debt that could be related to anyone and is not private information anyway.


Susan, what would the complaint to the Delaware State Bar Association be? A law firm did what they said they would do and got a $333.00 payment reduction? I would assume that would waste their time when they could actually be directing it toward a company that is misleading and taking people's money not one who is actually helping people get their loans modified.


Sincerely,


Michael Deets


Sr. Case Manager

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#5 Consumer Comment

Advise

AUTHOR: Susan - (USA)

Suzanne you should visit www . attorneygeneral . delaware.gov / mortgageforeclosure

Remove the spaces of course. 

If nothing else this Michael Deets, Sr. Case Manager at Hays Law Center, posted your personal info online. The world now knows that your mortgage payment is 1543.42 a month and you have $600 a month in credit card payments. 

He could have easily disputed your claim without putting your business out there even if he is correct. 

 

 

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#6 UPDATE Employee

This posting is completely erroneous!

AUTHOR: Mike - (United States of America)

My name is Michael Deets, Sr. Case Manager at Hays Law Center. The clients that have wrote this posting are not being truthful about their experience and I have inside proof of that.

They did retain our services on October 1, 2009. They explained the troubles and hardships they were having. They also explained that GMAC was not willing to work with them. I explained the reasons why their bank would not work with them directly. 

Each of our client's sign's a retainer agreement online and in person. We also do a quality control recording in which the client is advised of specific information on what to do and what we will do for them. The retainer agreement clearly states that we are not telling our client's to stop paying their mortgage payments. These client's told me they cannot continue to afford their mortgage payments and were already behind on the payments when they called us.

Also on the recording it clearly states loan modification can take between 90 to 180 days to finalize. We worked on this file with the bank and the client's received an offer to modify their mortgage payment to federal guidelines of 1/3 or 31% of their gross income. They did fax the offer in and what these client's are not being honest about is our efforts to return their calls and tell them to sign the agreement with the bank.

Below I'm going to post a note that our client's can see and respond to with a online website client portal system. These client's were fully aware of how to use this system, respond to notes, and that they will be receiving e-mail communication with us. In fact on the quality control recording it clearly states that the negotiators are on the phone full time and the best way to communicate with us is by e-mail. Here is the note directly placed in our system, which sends an e-mail to our clients:

Call At: Anytime,Mortgage Payment: 1543.42, Payment Status:Current, Hardship Status: Reduced Income, First Lender: GMAC: Jessella Tiatia(#5025) Wed Apr 14 10:55:51 2010 : Client was put on a trial modification. I had left a msg and sent an email. Client received paperwork and sat on it until March. The payments were due in February. Will follow up with lender.

Bob Basaker(#5017) Tue May 11 12:08:34 2010 : SPKW/SUZANNE DID CONFERENE CALL WITH JESS PER JESS'S NOTES IN 360 WAS APPROVED PER GMAC 1/11 & LEFT MESS AND EMAILED CLIENT TO CALL BACK TO REVIEW OFFER;CLIENT SAYS SHE ERASED VM AND DIDN'T GET EMAIL;CLIENT FELT THAT 333/MO SAVINGS WAS ENOUGH BUT 1/3 OF INCOME AND CHALLENGE WAS 600/MO IN REV DEBT;SAYS SHE LEFT MESSAGE WITH NO RETURN CALL FOR ADIVE ON OFFER AND DIDN'T MAKE 1ST PAYMENT;TRIED TO SAY WE ADVISED HER NOT TO MAKE MTG PAYMENTS AND WENT OVER HER CONTRACT SHE SIGNED; WAS ABOUT TO OFFER TO RESUBMIT BUT HUNG UP ON US.

The client admits that the $333.00 savings per month is enough savings for them. These client's have $600.00 per month in revolving debt that has nothing to do with the mortgage payment. There are programs available for the debt to be lowered. The only reason they are putting this erroneous posting on this site is because they want even a lower payment that what the federal guidelines allow. The guidelines are what they are. Our law firm didn't make them up, the federal government did. We only follow them and get what our client's cannot get from the bank directly.

On May 11, 2010 was the first these clients have called me and told me any of this. In fact this posting was done before I had even spoken with them. I understood their concerns when they called and offered my assistance. I also asked them if they have been trying to call us and getting no response like they say why did I never receive a call from them? Also why would our representatives be saying to them what they state in this post they are saying if we aren't returning their phone calls? That couldn't be possible and those statements are conflicting. I tell all of my clients they can contact me at any time. I returned their call as right away as I would any of my clients with any concerns. This again shows these client's statements to be inaccurate.

They did not work with several case managers as I am the only case manager working on their file. They were working other legal staff that have different titles. This already shows the inaccuracy of these statements. You can clearly see in the above notes that we contacted the clients on 1/11/2010 to advise them regarding the offer they received. Client admitted erasing voicemail. The clients admitted that they felt I was the only one that was honest with them on the phone called I received on 5/11/2010.

In speaking with the client's I offered to have them speak to our management staff. They choose not to make their first payment as the notes clearly state. They clients decided to hang up on the management staff telling them you are still approved we just need updated paperwork to finalize it for them. We offered to resubmit their file in which the offer could still be accepted and they would still received their modification. Also what the client's failed to state is that we asked for updated information. As time passes in working with the lender they will require the most recent pay information. That is part of the federal guidelines. All client's are made aware of this from the start.

All of these statements show one thing. Not only did we provide the proper services to get these client's a loan modification but they wrote so in the post. If we weren't doing our jobs then they would have never gotten an offer from GMAC. They even stated they were not working with their bank or paying their mortgage payments. They were also brought current of the late payments. We have no complaints with the state bar or the state attorney general. If such a complaint would to reach either place we have the proper documentation to prove work was preformed and a loan modification was offered. Complaints such as these are not reputable and are purely posted because they simple want more than what reality can offer. Anyone who reads this and has spoken to me can surely hear by what I've told them that in our consultation I'm honest and forthcoming as well as I do not set unrealistic payment expectations. The guideline is 31% of your gross income, like it or not. It's a federal guideline and I will tell everyone that right over the phone.

Sincerely,

Michael Deets

Sr. Case Manager

 

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