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Report: #1447707

Complaint Review: Harold Smith/Quick Lending - San Francisco California

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  • Reported By: Florida Business Owner — Boca Raton United States
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  • Harold Smith/Quick Lending 1 California St. 17th Floor San Francisco, California United States

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The Back Story

Harold Smith of Quick Lending, presented himself and his company as a viable commercial lending option, capable of facilitating both real restate and non-real estate transactions. Early on, Smith was very responsive in reviewing, responding, and presenting information. I had a transaction that needed to close in a short time frame and Smith confirmed that his company would be able to meet the deadline. I presented my data to Smith, he made his assessment and returned a loan approval. He also provided a proof of funds to illustrate his capacity to lend, a loan commitment, and an amortization schedule for me to review and approve. After the approval and the execution of the documents, he emailed a copy of a cashier’s check made out to my company for the value of the loan. I inquired if he were mailing a check or submitting a wire. He stated that a wire would be remitted and that the check was to show that the funds were ready to be distributed. I thought this to be odd, but everything to this point seemed straight-forward and verifiable. It should also be noted that, throughout the process, Smith continuously intimated that there would be no front-end fees associated with the loan. Smith claims that his business is accredited by the California Department of Savings and Mortgage Lending and the California Office of Financial Regulation. Both of these are fictitious entities as California only has a Department of Business Oversight.

Smith then provided a loan contract. When I received the loan contract, I noticed that it contained a line item listing, or breakdown of fees associated with the loan. The contract indicated a portion of the fees would be due prior to disbursement, with the remainder due post disbursement. I reached out to Smith to confirm. I went into detail regarding his assertion that there would not be any front-end fees and now there appear to be fees. The contract indicated a total amount of $12,080 with $6,000 due prior to disbursement and the remainder due after I received the funds.

After a few exchanges of emails to understand the change in position regarding the fee structure, I requested to speak with former customers to understand how their process went. He put me in touch with one customer by providing their email and phone number for me to speak with. For further assurance, he suggested that I set up an account with Joint American Trust Bank (JATB). The purpose of this was for JATB to act as an escrow agent to “protect the interests of both parties involved.” The funds were to be transferred to JATB, then I would make the required payment. Once the payment was confirmed, then I would be granted full access to transfer the funds to my corporate account. I contacted the former “customer” to discuss their prior interactions. We were able to communicate via telephone, text, and email. I set up the account. Smith transferred the funds and I remitted the payment.

The Issue

After the fee was remitted, I expected to have access to the funds and have the ability to transfer to my account. After the account was opened, I was able to log in and view the account and view funds availability, but I was not able to transfer the funds to my corporate account. Smith started giving me multiple excuses on why I could not access the capital. I could log into the account and view the funds, but in order to transfer to an external account, a transfer code was needed. I was told that the funds would be transferred on a specific date by Smith. I was then told that JATB needed to verify my corporate account. I was later told that his (Smith’s) partner was delaying the process because he thought that I should have paid more of the fee up front than what I actually did; although I did pay what was stipulated in the contract.

I also later learned that the email address provided for the former “customer” was not his true email address. Smith provided the correct name and phone number, but provided an email address that he (Smith) created himself. This is important because I only decided to move forward because of the exchanges that the former customer and I had. The former customer spoke positively of Smith on the phone and spoke extraordinarily positive of him via email. I learned of the difference during a very specific exchange. It is my conclusion that the email was set up by and monitored by Smith.

Conclusion

To date, nothing has happened. I have not received my funds and all communication has deteriorated. Smith has not responded to my messages. The last communication received from Smith came May 8th when he messaged me to say that he “now has full authority to transfer the funds to my account” and to request my banking coordinates. Clearly, that never occurred. I have received occasional communication from JATB, but they have spent their efforts siding with the Smith. It is my assumption that JATB and Smith are colluding with one another. I have reached this conclusion because JATB has done nothing to protect my interests in this transaction and has only made efforts that side with Smith. Further, JATB shared that the investor that works with Smith has demanded that the funds transferred to the bank, be returned. This comment does not correlate with the information that I received. In the beginning of the process, Smith provided me with a proof of funds; a screenshot of his bank account with his name on it showing significant enough capital to consummate this deal.

As a result of the fraudulent and collusive acts of Quick Lending, Harold Smith, and Joint American Trust Bank, I lost three significant deals for my company. Finally, because of the apparent extortion involved in obtaining the funds from me, racketeering may also be at play. In the end, Quick Lending, Harold Smith, and Joint American Trust Bank are fraudulent enterprises with no first hand verifiable legitimacy.

This report was posted on Ripoff Report on 06/16/2018 11:25 AM and is a permanent record located here: https://www.ripoffreport.com/reports/harold-smithquick-lending/san-francisco-california-94111/harold-smithquick-lending-harold-smith-quick-lending-joint-american-trust-bank-fraudule-1447707. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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Updates & Rebuttals

REBUTTALS & REPLIES:
1Author
1Consumer
0Employee/Owner

#2 Author of original report

This message is inconsistent with the reality of the process

AUTHOR: - (United States)

POSTED: Wednesday, June 20, 2018

JATB is certainly taking a stance in an effort to absolve themselves of any responsibility in this transaction. Let’s take a critical look at their rebuttal.

In the first paragraph the “insider”, who calls himself Kenneth Tuca, states: “JATB expressly stated in writing that what ever funds, if they were to change hands must go through JATB which we believe they agreed as we expected both parties are aware of our procedure.” JATB never provided any information to me with respect to how funds should change hands. In fact, I never had any communication with JATB until I was notified that the account had been established. As well, Smith never provided any information to me indicating that payments must be transmitted through JATB. Instead of making an effort to maintain the integrity of their process, JATB’s faulty compliance led them to “believe” that all had been agreed upon. Further, JATB never mentioned this policy until weeks later after multiple email exchanges. If this step is a necessary component of opening an account, then there was a breakdown on the part of JATB to ensure that both parties were secured in this transaction.

Later Mr. Tuca states, “I processed that payment to JATB because it was sent to me and I believe JATB updated Mr McAden accordingly…” JATB never made contact with me regarding any payments. Their only communication was to alert me that the account had been set up and that a credit had been made to the account. Later when I inquired about when I would be allowed to transfer the funds to my account as agreed, I was told, “We are supposed to release the COT code to your lender to give to you. We have not heard anything concrete from your lender but you can send us the proof that you have met with your lender's requirements and we would release the COT code to you.” JATB was provided proof of compliance on multiple occasions and never delivered said code. Further, if it was important that all payments be processed through JATB, then that should have, or could have been mentioned at this time; clearly it wasn’t. A significant number of emails went back and forth and never was it mentioned about this payment requirement. In my effort to resolve, I attempted to call JATB. The listed number for JATB is a woman’s cell phone who never answers, but has a voicemail that states, “Busy right now. Leave a message.”

It was mentioned previously that Smith created a spoof email account in the name of another person. Smith originally stated that this person was his accountant that he would be processing payments on his behalf. In my email exchange on this spoof account, the person on the other end confirmed this position. However, as mentioned before, it is Smith who was the one monitoring and replying to this email. Also, there was no “failing out” as Tuca states. My early communication revolved around when I would receive the code and who would be responsible for providing it to me.

It should be noted that this term “failing out” must be a favorite of Mr. Tuca. In his rebuttal, he states that the funds that Smith transferred to JATB were fraudulent. It is suspect and extremely convenient to mention that here. In the multitude of exchanges between JATB and myself, it was never mentioned that the funds were fraudulent. Tuca indicated that they were “investigating the issue” to determine what happened. His response at the conclusion of said investigation was, “Our findings so far reveals that the investor who paid in loan funds to us has fallen out with Harold and requires the funding back…” That statement does not indicate fraud. Never, until now, has JATB mentioned the word fraud. In fact, their last communication to me was, “Try striking an understanding with your lender and let us know what the situation is because the investor who sent this money needs it back and we have no other option for now to look his way as the originator of the funds.”

Clearly, as mentioned in the original post, there was never any effort made to protect my rights. Every effort made seemed to benefit Smith.

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#1 UPDATE Employee ..inside information

JATB IS NOT IN CONNECTION WITH ANYONE THAT IS NOT AN APPROVED FINANCIAL PROCESSOR WITH JATB

AUTHOR: Nancy - (United States)

POSTED: Wednesday, June 20, 2018

Hello,

I am an insider with JATB. On April the 5th 2018 a Mr. Harold Smith reached out to us to play the part of a security in a loan transaction between Quick Lending and Mr. Andre McAden. JATB expressly stated in writing that what ever funds, if they were to change hands must go through JATB which we believe they agreed as we expected both parties are aware of our procedure.  

It is on that note that JATB, on April the 10th of 2018 set-up the account for Mr. McAden with a view to being the middle-man in the transaction.

Yes JATB received a payment from Harold Smith but not in Harold Smith's name and I processed that payment to JATB because it was sent to me and I believe JATB updated Mr McAden accordingly but Mr. McAden didn't make any payment through us in any way. From our investigation Mr. McAden made payments to a total stranger who is not connected to JATB. Mr. McAden did not notify JATB until after a few days after he and Mr. Smith had a perceived fallout.

The investor from whose account Mr. Smith made the loan payment turns out to be an unauthorised payment which JATB classed as fraudulent because the funds was charged-back. So it was stolen money afterall which has been returned and account closed.

I hereby state clearly that JATB is not in collaboration or in partenrship with any staff of Quick Lending.

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