To Whom This May Concern:
My complaint concerns attorney Michael Brochstein and a closing he did with the Money Store on June 21, 1996. The reason for this closing was to correct several errors made from the original closing which took place on May 21, 1996. I was asked to sign paper work while waiting for the attorney to arrive at the Money Store. After waiting for an hour and half we found out the attorney had a scheduling conflict so therefore we needed to reschedule for later in the week. What I didn't know was that the closing proceeded without me.
I have been fighting with The Money Store since 1996 concerning the amount of my loan because I never signed to have my home refinanced for $145,0000.00. When I called The Money Store to see when we were going to close I was informed by Tracy, an employee of The Money Store, that the errors had been corrected and the attorney would send all of the documents to me within the next 10 business days.
Well, seven years have gone by, and I am still waiting. However, according to a sworn affidavit that I found in Fulton County Superior Court, an attorney by the name of Michael Brochstein said he represented me in this closing and that he was my attorney. I have never hired him nor have I ever spoken to him about a closing with The Money Store. On November 8, 2003, I did contact Mr. Brochstein and asked if he could identify his signature if I faxed him a copy of the security deed dated June 21, 1996, and he said yes. I explained to him that I have never had a closing with him, nor had I hired him to represent me in a closing. I faxed a copy of the deed to Mr. Brochstein and he never responded to me. This is fraud and I'm losing my home base on his fraud and the late filing of the deed which would have proven that I did not finance my home for the 145,000.00.
In reference to: account number ####.
I'm writing you this letter concerning my home loan with your company, Homeq. My mortgage was originally with The Money Store d/b/a TMS when I was solicited by this company to refinanced my home. I made the biggest mistake of life when I refinanced, my home with TMS. I've had nothing but problems with TMS from the very beginning of my loan.
I was told that if I refinanced with TMS I could get a home improvement loan to add a bedroom to my lower level. I thought about it, especially, when Tracy said that TMS had an agreement with Sear's Home Improvement, to do the work on my home. Tracy said he could even lower my interest rate from 10 percent to 8 percent if I would just refinance. I called Tracy back at 1-800 loan yes and told him that he could start the loan application process.
Tracy called me back and said I had been approved. He required that I pay Ten Thousand Dollars ($10,000.00) to cover closing cost and points, in order to proceed with the loan. I should have stopped the loan process right then and there, but instead I paid the money to my broker, Tracy, of TMS. After l paid the Ten Thousand Dollars (10,000.00) to Tracy representing TMS, we proceeded with the refinancing of my home.
My closing with TMS took place on May 21, 1996. In looking over the loan papers from the closing I noticed that my interest rate was 12.9 percent not 8.9 percent. I also noticed that I had a credit life insurance policy that only covered me for Fifty Thousand Dollars ($50,000.00). This amount was not even enough to cover the One Hundred Thirty Five Thousand-Dollars ($135,000) loan that I had just taken out with TMS. I, also, did not ask for credit life insurance. As for the home improvement contract it was not mentioned in closing and I did not see it in my loan documents.
The next surprise of my life was when I noticed that my loan was for One Hundred and forty-five Thousand Dollars ($145,000.00 ) instead of One Hundred and thirty-five Thousand-Dollars ($135,000.00). I called TMS to demand an explanation. I wanted to know why my loan had a credit life insurance policy, an interest rate of 12.9 percent instead of 8.9 percent and why the amount of my loan was One Hundred and forty-five Thousand Dollars ($145,000.00), instead of One Hundred and thirty-five Thousand Dollars($135,000.00), which was the original amount. In addition I wanted to know what happened to the monies for the home improvement that was to be done by Sear's.
I asked Tracy why I had paid ten thousand-dollars ($10,000.00) for a loan which included having bedroom added to my home, as well as, to lower my interest rate and it not being reflected in my loan papers. Tracy said that the money I had paid was for my points as well as closing costs. As to my remodeling contract, Tracy told me that it would be included in my second mortgage with Eqcredit, a subsidiary of TMS.
Tracy admitted that after reviewing my loan documents he found errors were made in my closing. He said he would arrange for another closing to correct all the errors including my interest rate, as well as, my repayment of closing cost that had already been paid before closing on May 21, 1996. Tracy called me back at home and asked that
I come back into the office on June 21, 1996 for a second closing, which I did. The only problem I had with the second closing was that there were no attorneys present and in my legal ignorance I did not receive a copy of my loan documents. I was told that I would receive my loan documents by mail. To the present I have never received my loan documents from Tracy as promised. However, I did receive to my surprise, my payment coupon which said that my note was One Thousand four-hundred Dollars ($1400.00) and the interest rate was still 12.9 percent.
I frantically called TMS and asked for Tracy and I was told he was out sick. I then asked for Tracy's boss, so I could to find out what was going on here. I was transferred to the Vice President of TMS, Ms. Diane J. Mansolillo, her number at the time was 770-850-8876. I explained the problem with the loan to her and to my surprise, Ms. Mansolillo revealed that Tracy had been fired from the company and that I clearly should not have paid the Ten Thousand Dollars ($10,000.00) for my loan, when in fact it had already been financed in my loan.
I was informed, that Tracy was not home sick, but that he had been terminated from TMS for unethical practices in the taking of monies from their customers under false pretense. Diane said, she was so sorry but a lot of customers had been scammed by Tracy. Diane promised to correct my loan to reflect my payment of Ten Thousand Dollars ($10,000.00), adjust my interest rate to agreed upon 8.9 percent, as well as, for the unauthorized credit life insurance that was paid out of my loan proceeds.
Four years have passed and nothing had been done. None of the afore mentioned promises have been kept. Had I not hired Barnes, Browning and Tanksley in 1998, I would still be hanging on to unfulfilled promises. I have been taken through the wringer, from having my mortgage payments, continually, sent back to me stating that my loan was paid off by the title insurance company and that I no longer had a loan(I have the deed that satisfies this debt) to being told I did owe my mortgage and that I had incurred absurd late charges and lawyer fees. Attorney, John Bevis, of Barnes, Browning and Tanksley and I signed a mutual settlement agreement with TMS.
To this day this the settlement has not been satisfied. No corrections have been made on my deed and my mortgage payments started being returned ,again. In the mutual settlement agreement my taxes for my home were to be paid from my proceeds to Fulton County by TMS. The Fulton County Tax Office has no record of my 1999 taxes being paid by TMS. Seeing that TMS was not fulfilling our settlement agreement or their responsibilities, in order to save my home from being auctioned off, I paid the taxes again, but this time out of my pocket.
To add insult to injury TMS put forced fire insurance on me, even though, my home was already fully covered by Allstate (Agent Brenda Hammond). Brenda Hammond, my agent at the time, will testify to the fact that she was told by TMS to cancel my Allstate policy, due to the fact that they required me to carry their forced insurance. I have never been given any legitimate reason for this requirement. As a result of this insurance scam, when damage in the amount of Twenty Four Thousand Dollars ($24,000) was done to my home, due to a storm on July 30, 2000, having not being properly covered, I had to try and struggle to pay for whatever repairs I could afford to do, myself. This has been an ongoing nightmare that never ends.
Presently, TMS has been bought by Homeq, who has obviously inherited TMS unethical practices. They have now begun to send my mortgage payments, back, due to confusion and errors on their part. Again, I am incurring late charges and lawyer fees. I have filed Bankruptcy in an attempt get my affairs back in order and to protect myself and everything I have worked my whole life for.