Marshall, Meyer & Strong Terry Zisman MISREPRESENTATION-STAY AWAY! Carmel, California

Aw...Mr Zisman...youre hurtin my feelings. I understand. Its easier to just make believe you know nothing about it when in fact I have many emails from you and Randy and I has spoken to you directly twice.

We never saw a website so any "disclosure" or coded warnings were not seen. We, Randy Wilkerson and I, Sergio DeCesare were brought to MMS by a Broker named Osmanny Garcia in Miami and was introduced to us as Principals. Mr Garcia has sinced apologized for the meeting and has pledged a return of our $500 "fee" but has also yet to do that. He too felt they potrayed themselves as the PRINCIPALS in this transaction.

It was always presented that MMS were principals in the matter and it wasnt till AFTER I wired their fee did they disclose they were NOT principals but was going to "put it out to their investors". We were under the gun for time, they knew this and instead of making it clear up front, ( knowing we would seek other financing options) they led us along. To add insult to injury, they also did a poor job of constructing a Private Placement Memorandum whereas my partner and I did most of the work and they simply slapped it together and pushed it out to who, I still to this day have no idea. All for the low low price of $7,500.00

Your response Terry doesnt excuse you from anything

First of all, I have no idea who S. Decesare is.  Our website and broker demand for fees both make it clear we are not the actual lenders. The broker demand states, "MMS principal role in this agreement is that of an underwriter, consultant, and
finder.  All borrowers and/or brokers agree to hold harmless MMS for any actions of lenders/contractors/investors/investor representatives for any representations made by such."  The website says: "Please note: We are not lawyers, CPAs, Mortgage Brokers,Financial Advisors, or NASD Broker Dealers.  We are a contract underwriting and  processing service with over 24 years of experience in commercial finance. Broker submissions/referrals welcome."  The reason we are not listed under the State of California as a licensed lender is that we are not a lender, as the website stated. We operated as a dba as filed with the county.

As to our refund policy, the letter of intent states, "Once the creation of the financing documents is initiated the Private Placement Memorandum fees are deemed earned and are non-refundable unless it is determined the failure tofund was the fault of Marshall Meyer & Strong in which case the prepaidfees will be refunded to the client.  In the case (I think this is the case as we have never dealt with an "S. Decesare) we made this clear statement in the LOI, "Once the creationof the financing documents is initiated the Private Placement Memorandum feesare deemed earned and are non-refundable unless it is determined the failure tofund was the fault of Marshall Meyer & Strong in which case the prepaid fees will be refunded to the client.  In this case we had commitments for far more funds than any of the other funding sources this client reached out to.  Without notice they cancelled the transaction and demanded a refund.  In our opinion we were performing as stated in our advertising materials and letter of intent so did not issue a refund.  This appears to be the complaint of an under financed entrepreneur who borrowed money from an ailing mother to try to stay in business.  We did not know that.  I say shame on a son for borrowing money from his sick mother!