Report: #306665

Complaint Review: Home America Property Management - Mark Bosworth Companies -

  • Submitted: Wed, February 06, 2008
  • Updated: Tue, April 29, 2008
  • Reported By: Glendale Arizona
  • Home America Property Management - Mark Bosworth Companies -
    9501 W Peoria Ste 106
    Peoria, Arizona

Show customers why they should trust your business over your competitors...

I rented a property (with the option to purchase during 2nd year of my lease) through HomeAmerica/ because I was in a bind with not enough credit to buy up front, but not enough time to build it up. These people offered me a rental property with option to buy later, with promises that my down payment would be held to use as down payment money toward purchase or closing costs (i'm talking in excess of $3000), and that half my rent would also go toward the purchase (unless I defaulted). The catch was, if I chose not to complete the purchase, I forfeited my down payment monies.

Several months down the road, after having a PERFECT rental record with Home America (and having suffered a few bumps such as them shutting off my water account with the City and I got charged to turn it back on even though I was the rightful resident!!), i started getting certified letter notices addressed to the homeowner, then large flyers posted on my door about "Let us help you avoid the foreclosure!" Home America denied any knowledge of foreclosure etc.

So for a couple of months, I questioned daily to find out what was up. They finally admitted they couldn't reach the homeowner but still had no evidence of foreclosure. When I confronted them saying "well, I DO have evidence" (I'd found it listed as a Notice of Trustee Sale on the County Recorder's site and they posted it on my front door!!), they were skeptical and rude like "WHAT evidence?" when I told them what I had, they were still short with me, and when I started asking for my deposit back, they said i wasn't entitled to it, but if I wanted to move into another home, they'd help me relocate... for another down payment of course! This became a war.

I stated that I did NOT default on the purchase, the OWNER did, so I was entitled to my money back, and I sure wasn't going to give them $3K more for another home. Then, they said "Well we don't have the money. it was given to the owner." Hmm interesting, their owner contract states that down payment monies are to be held by the Agent (Home America) in a TRUST ACCOUNT. I was later told that there was no trust account.

After a great deal of research, I found how much negative vibe there was about Mr. Bosworth, CEO, and how many of his family members were now involved with the gorenter office. Suddenly, the property manager who had been trying very hard to help me out... wasn't my contact anymore... but miraculously, a BOSWORTH was. She was not very helpful.

I then found out how many complaints were filed against the designated broker of Home America with the AZ Dept of Real Estate. I also found out that the owner of my home had MULTIPLE properties, all managed by Home America, going into foreclosure as well! Note, my checks were all PAYABLE TO and CASHED BY Home America, NOT the homeowner.... HMM.

It wasn't until I threatened legal action that "miraculously" they were able to come up with the money from somewhere to refund my down payment. I wonder how many of their other renters are going through this, obviously at least 10 others who they managed for the homeowner I rented from!! Additionally, my own ex husband rented from them as well and also is having trouble with the property having not been paid for appropriately.

I would not recommend anyone to this place.

Cynical shopper
Glendale, Arizona
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This report was posted on Ripoff Report on 02/06/2008 10:59 AM and is a permanent record located here: 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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#1 UPDATE Employee

You should consider yourself lucky

AUTHOR: Noldog51 - (U.S.A.)

State law does not require owner to do anything for you. We were able to get this owner to not only pay you back, but also to move you. If i remember correctly( and maybe i dont), you hade been evicted from your last residence, and had been in this home a total of 3 days when we advised you of the situation...because you wanted to try and sue us,you delayed the process of your refund (which again, the owner was not legally obligated to provide).

No else would rent to you, we bailed you out, the owner unfortuanatly foreclosed, we bailed you out again..and yet you are still whining. Unbelievable! I truly hope that you have found a safe and comfortable home for your family, however, i fear for your new landlord, as you are obviously sue-happy, and trying to get something for nothing.

Hopefully you are not teaching this kind of behavior to your children, however, i fear for their future. It is people like you that are destroying America.
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#2 Author of original report

Cynical Shopper DID get her refund, yes... and stated that in her original writeup.

AUTHOR: Cynical Shopper - (U.S.A.)

I am "Cynical Shopper" and I'd like to confirm that yes I did get my refund; however it took the threat of legal action and consumer advocacy programs to get that action. I feel it's important to make consumers alert of the growing number of concerns with agencies such as this. The gentleman at the firm who finally assisted me with my refund was very helpful, unlike everyone else whom I had spoken to about the refund. It shouldn't come down to the last days of a person having a home to finally get the money they deserve. I was also writing on behalf of someone else who experienced the same difficulty and never did get a refund nor even the courtesy of returned phone calls.
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#3 UPDATE Employee

Cynical Shopper did get her refund!!

AUTHOR: Home America - (U.S.A.) cannot stop, or even stem, the tide of foreclosures in this country. Even though "Cynical Shopper" refused to print her name, I recognize her from the few facts she did reveal. First, we are just a property management company. We do not make the underlying mortgage payments for the home-owners. Second, as licensed agent for the owner, we do receive the rents and deposit them in our trust account, for the benefit of the owner. That is the way every property management firm in the state is required to do business.

We usually find out about a foreclosure situation from the tenants who receive notices at their doors or mail on the subject. In this situation, this owner had 11 properties and so the tenants all began to contact us about the same time. The owner was in Asia for an extended period, so we were left without answers until he returned. When he did return, we procured his writtten permission to hold the rent payments in our trust account for the benefit of the tenants who would be forced to move, due to his foreclosures.

As a property management firm, we have met with the Arizona Department of Real Estate about this foreclosure problem and given them our proposed solution to protect the tenants. We have even proposed they use their lobbying efforts to enact Arizona law to codify our process. We are hopeful the Arizona Legislature and Governor will agree with us on this solution.

"Cynical Shopper" did receive 100% of her money back, plus moving expenses. Had we not stepped in and pro-actively negotiated this solution, she would have been left with having to chase the owner in court to get her money. She doesn't realize it, but we are the ones who brokered this positive result for her. Yes, this owner did lose 11 homes to foreclosure. No, he is not some rich, land-baron. This current market and the declining value of his homes has devastated him. Nevertheless, he did the right thing by reimbursing his tenants all their down payment money and even paid for moving expenses.

By the way, "Cynical Shopper" claims we don't maintain trust accounts. As required by Arizona law, we do maintain trust accounts. The money "Cynical Shopper" received was paid from our trust account. Ms. "Cynical Shopper" claims that it took her retaining an attorney to get her money back. Here is the inside scoop...all the other tenants of this owner got their money back weeks, if not months, before "Cynical Shopper" did. Why? Her attorney greatly delayed the process and certainly did not do her any favors. I personally informed her attorney that the money was sitting in our trust account to pay back her down payment. When he finished with his legal gyrations, the exact same amount was paid to her that I had earmarked for her to begin with.
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#4 UPDATE EX-employee responds

Due Dilligence and a little research goes a long way

AUTHOR: The Truth Will Come Up Sooner Or Later - (U.S.A.)

ok, yesterday April 4, 2008 the ADRE issued a statement about Mr. Bosworth. Stating in short that he is no longer allowed to engage in realestate in any way, shape or form. including owning Which he is telling his current employees he no longer owns. HOWEVER, if you go onto the arizona corporation commission website you will clearly see he is still owner. Why is it that his currently LICENSED real estate agents that are employees continue to fall for his shenanigans?

I've noticed that they have rebuttals stating please give us authorization to give your info out, hey, we dont need to give anything. The proof is all there on the internet, a five minute search will confirm what a slimy little weasel he is.

My suggestion to ANYONE who has fallen victim to his numerous companies should contact the ADRE and get on the train because its stopping at all locations and accepting passengers for free!
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