Meritage Homes - MTH Mortgage - Alan Marquiss Bait and Switch the $10,000 rip off smoke and mirrors selling and lending Scottsdale Arizona

In my opinion these are the facts as I view them. Visited Meritage homes in June 2006 after looking at dozens of homes. This was part of a relocation to Phoenix. We settled on Meritage homes in East Mesa and contracted on an existing home with $80,000 in discounts as long as we use their mortgage company MTH Mortgage with Alan Marquiss the on site Representative in July 2006. Alan offered great financing of no payments for 6 months, interest only for one year after that and no fees, all we had to do was sign and give a $10,000 check that Alan said would be refunded if "things didn't work out." Alan promise that this will be a simple process and that he has been with Meritage for years. We signed in July 2006 with an estimated move in date of October 31, 2006.

We heard nothing from Meritage or their mortgage company MTH Mortgage until September 2007, we supplied them with all required paperwork and proof of our down payment funds, then the fun started. Their mortgage company denied all programs offered by Alan Marquiss and instead wanted to charge us fees and points, we said "no" and this began a 2 month barrage of "I don't know", "wer'e not affiliated with Meritage" etc and changed documents from MTH mortage (of which we have copies). Our loan program changed numerous times and we were transferred to new loan officers because the old one would quit or that a new manager was hired (which we have copies of). We tried to contact Alan for help but he was always unavailable and would not return calls. As our frustration grew, the close of escrow was coming due.

On the day prior to Close of Escrow we were provided a "FINAL" terms and fees for our loan. The final loan terms were for a higher rate and with high fees that was above going market rate and not even close to what Alan Marquiss had initially told us would happen. We asked to have this revised or we would cancel and ask for our money back. Meritage Corporate and MTH Mortgage then threatened us with a contract provision that we would be charged over $100 day if we don't sign their paperwork and that we would loose all deposits and be back charged for everday until we sign or until they make a decision to accept our cancellation. We have over 700 FICO scores and full documentation but were being asked to pay sub-prime rates and fees or else loose all incentives offered, if we go to another lender we would loose all incentives as well.

We asked for our money back based on Alan Marquiss' initial statement of a refund. Why, because the final terms from MTH mortgage were so absurd that no one in their right mind would have taken this loan. Alan finally called after we cancelled asking why and if he could help. I asked him about his statements made during our initial contract and he "didn't remember" or "you must have mis-understood me" statements. We were so frustrated and angry we asked for a refund he said "Just sign the form and I will submit the paperwork not to worry, we have done this dozens of times here in this project". Some 3 weeks later, we received a letter from Meritage stating they will not refund our money, but they will keep it for us if we ever choose to buy from Meritage again. They never addressed the daily late fee issue or even a "I'm sorry we were trying to screw you out of your money"

I called Meritage in Scottsdale over 30 times, left voicemail after voice mail and finally got to speak with their company Attorney a Mel Feroni who told me that MTH Mortgage and Meritage were not affiliated and that what ever Al Marquiss told us was not valid and that Meritage Homes had a binding contract. We spoke a couple of times due to his "research into the matter" and every phone call ended as if he was reading from a well rehearsed script of denial and Corporate rhetoric.

I went to the Arizona, Department of Real Estate but was told sorry they are a Corporation so we have to go to the Attorney General, I couldn't even file an ethics claim against Alan Marquiss becuase his license is tied to Meritage Homes and the Department of Real Estate doesn't govern these LICENSED agents (they issue the license but don't watch them). I tried the department of Finance for Arizona but MTH Mortgage isn't goverened by them either.

We did file a claim with the Attorney Generals office, and somewhere in the paperwork jungle our claim sits while Meritage is out lying to people and allowing their on-site sales people to say and do whatever to get a sale, knowing that they have a smoke and mirrors accountability with the state.

We now have tried for over 8 months to get some answers and our money back, but no luck. Like many Americans our money is hard earned and to have a company like Meritage hold our $10,000 is criminal. All we asked for was our money back as their agent and representative ALAN MARQUISS promised, nothing else. I challenge Meritage to step up and do the right thing. We had to stay in California, quit a job in Phoenix and eat over $15,000 in pre-moving costs due to this mess.

If anyone can help it would be appreciated. We have copies of all e-mails, our contract, and other information that we supplied to the Attorney Generals office in Phoenix. If you see the name Meritage run, if you come across Alan Marquiss be advised. IT WILL COST YOU!!!

Loui
Los Angeles, California
U.S.A.