May 23, 2007
We would like to continue with the closing scheduled as planned for June 1, 2007. We were notified by Melinda prior to signing the contract that we would be able to close on the property and qualify with our current salary in Florida and relocate within 60 days of the closing to reside on the property located at 1105 Charleston Lane, Aubrey, Texas. We are in the process of telephone interviews and discussing pre-employment options within the legal industry and plan on securing jobs in Dallas within the first 30 days of residing on the property.
Since we are moving forward with the closing and the disputes for our credit reports have not been fully satisfied I would request to be fully reimbursed as well as for your financial specialists to continue the disputes as previously agreed upon. Since your credit repair program failed as a whole we are also requesting that the interest rate reflect the lowest rate available as far as interest and fees are concerned.
Erin has all of the required signed documentation in regard to what we requested to be disputed as well as what we have provided to her as evidentiary support to be provided to the merchants on our behalf. Thus far, the credit reports continue to reflect negatively due to the multiple inquiries continuously pulled by Charissa or Erin in which this needs to be addressed immediately.
We have continued to provide your financial advisors with the required documentation for the disputing process as well as establishing additional credit cards and sustaining a particular budget within the given allotment of 20% of the total balance limit. At this point in time since we retained your financial credit repair program we still have not incurred a positive reflection of what should currently be showing on the reports.
In addition, your financial advisor Charissa acted with ill regard when she blatantly left a negative voicemail on my answering machine and left confidential information reflecting that we would be unable to close unless we secured employment in Texas prior to the closing of the property. Once we responded to her message with alarmed inquiries as to why we were never told that this would be the policy or procedure prior to the signing of the contract Charissa stated, "she was the financial advisor and she made those decisions" as if she controlled whether we closed or not on the property which would be considered "discrimination" in a Court of law if we showed the credit reports to date and that your financial advisors not only failed to fully repair the credit but were given approximately six months to reflect a positive impact on our reports. Our reports still to date basically reflect the same creditors previously requested to be disputed which would be considered as "fraud" in a Court system when a client retains a service and the service not only fails to provide the service but admits to the client that they are fully responsible for not only the report but the closing to proceed as well. Charissa also blatantly stated,If your credit scores were higher more like a 700 then you could proceed with closing from Florida. This would be considered as "harassment" when the client has no control over the closing because your financial specialist has proceeded to act within her own means to prolong the closing, negatively impact the score with additional inquiries, failure to incur a positive score after the client retained repair services, blatantly stated that we were unable to close because of her controlling the situation. I then responded with, "I will be seeking legal action", and Charissa stated, well let me contact Melinda I am sure something can be worked out". I and my sister stated to her, "Something had better be worked out because we did not spend $2,000 -$ 3,000 on flying into Dallas, signing plans, picking out everything on the property for your company to turn around and state to us that we should have been interviewing in Dallas when we came to town when the entire time we were told by Melinda that we could close and relocate 60 days after closing, but not limited to the other claims we had to endure as well as with the overall credit repair process with your completely unprofessional staff.
This entire property purchase has been a nightmare as far as I am concerned and our closing costs as well as the sale of the property should reflect the above extenuating circumstances in regard to the closing fees, credit repair fees, traveling expenses, any commissions due to an individual, the harassment we have had to continuously over come, legal research fees on the closing, mental strain has now resulted into mental anguish, misinformation, miscommunication and leaving us basically in a compromising situation because our lease expires at the end of this month since we were contracted to close on the above mentioned property on June 1, 2007.
Per Melindas request I forwarded my resume to her with regard to available positions as she stated to me she had a personal attorney friend but he is now a judge and she provided me with her email address.
In addition, on my last flight out to Dallas to take pictures of the property I inquired about employment within your company prior to the conflict of interest with Melinda with regard to us having to retain employment in Texas. Melinda stated, I discarded your resume like I did my other friend who sent me hers, it was in my junk files, somewhat unprofessional in my opinion when she represents DR HORTON as a whole and I am a client as well as a legal professional seeking to purchase a property from her while compensating her at the same time.
She stated, You would need to secure employment by another company prior to being employed within DR HORTON, even though I have been in the business industry for approximately 17 years. Your company also had postings on Career Builder for additional positions in which we could have been considered for instead of having this escalated situation. Melinda could have retained us as clients as well as receiving her commission and represented DR HORTON in a professional manner by forwarding my resume to a Human Resource agent seeing that she had originally requested for the resume.
I have requested on several occasions to receive copies of all executed contracts as well as maintenance, repairs, and warranties because there seems to be a discrepancy with regard to the original purchase price without the upgrades included in the price of the property. The initial contract was signed solely by myself, Michelle E. Breaux, approximately 7-8 months ago (I will research original contract date) on the Jessamine and my sister signed a contract as well within a month later for the Camelia. In December we flew to Dallas again to pick out upgrades in which Melinda assisted us with, however she never retained the information; therefore we had to fly to Dallas again on Martin Luther King day and incur additional expenses in a severe hazardous weather situation to finalize the upgrade selection.
Having had no response from your staff within the past month except for the builder Stoney who has stated, he has no knowledge on how to proceed with the closing, notified us of the property being ready and that he was also unable to get in touch with Melinda that her grandfather had past away. I do have remorse, however we all agree that the dates of her loss and our failure to communicate on this property do not coincide with the dates that we left several messages for both Melinda and Charissa and still to date we have received no response from either representative of your company. We have contacted a few individuals who are within the industry in Dallas that have the legal knowledge to state our claim is valid and we would be willing to proceed with the filing of a claim unless the following terms are being met within the next few business days. If nothing occurs within the next 2 business days of this letter to date we would on our own behalf report DR HORTON to every newspaper in TEXAS as well as placing world wide news exposure requesting if anyone has an interest in filing a CLASS ACTION SUIT against DR HORTON for any reason there within to file additional claims against your company.
If our closing does not proceed as previously agreed upon on June 1, 2007 and under the terms that your company substantially cuts the price of the sale of our property to reflect the claims here within and assure us that there will be no commission issued to any sales agent for failure to comply with us as clients in regard to full communication, my fees for time spent legal researching, harassment, discrimination, fraud, misrepresentation, mental anguish, any fee related travel expenses incurred through out the purchase of this property, future costs incurred for interviewing in Texas prior to and thereafter as far as all travel expenses are concerned if the closing does not take place as scheduled on June 1, 2007.
We are scheduled to close on June 1, 2007 and your company needs to extend themselves through every means possible to not only close on our property but reflect the claims above in the entire sale of the property or replace our home with a larger home of a much greater magnitude in order to satisfy all of our claims here within but not limited to treating us with the utmost respect that we should have been treated with as clients.
You currently have all of our financial information on file in order to proceed with the closing scheduled for June 1, 2007.
Again, if we do not amicably come to terms with the entire purchase price of the sale and closing of this property within the 2 business days we will proceed with the filing of all of the above claims and World Wide News exposure.
I ask your company these two simple questions.
Should two single mothers who have been struggling with raising their children solely by themselves, working full time in the legal industry and attending college full time to earn their degree to better the lives of their children have to endure the above mentioned circumstances for a First Time Buyer?
All we have been trying to do this entire year was prepare for a better life for our children in regard to the school system, property value, economy, overall family values that we have been trying to bestow on our children since birth by purchasing a home where we would be financially stable and we felt this within Dallas Texas as a whole.
How would you feel as a single parent if a company treated you and your entire family like this?
I am very certain that you would feel the same as we do and I will not begin to restate the facts.
The closing is now a matter of principle and we expect to see results immediately effective from this letter to date or we are seeking the fees for all claims filed within.
PLEASE GOVERN YOURSELF ACCORDINGLY.
In response to our email conversation on May 29, 2007 (copy enclosed), I am following up with regard to our correspondence. I stayed up until 1:00 a.m. and did quite a bit of additional research in reference to the background and history of your company. I was quite intrigued with what I located on the Ripoff Report (enclosed below). It seems as if we are not the only two clients that are feeling frustration and much more with regard to how your corporation operates. I am still considering this to be a Class Action Suit once this is published. If you have 28 unhappy consumers already and we have not published this documentation yet, how many consumers do you think will come forward once we go fully public with full world wide exposure? I am sure there are several hundreds possibly thousands of world wide consumers that are just not informed of what their legal rights are.
In my research I have located the following websites and News Stations that will be receiving the enclosed documentation:
My sister and I have diverse backgrounds in employment through the following organizations:
Probate, Litigation & General Business Paralegal
United States Coast Guard Recruiting Office for the Southern District of Florida
Recruiter of RNs
Legal Deposition Services
Management in Diverse areas
As I have previously stated to your company, I do not ever pursue taking matters to the press unless I strongly feel or in this case, I know that we have been discriminated against as well as treated 100% unprofessionally.
In addition, I would also like to inform you that your XP Credit Repair Service that stated we could not increase our scores failed to dispute my TXU bill that remains on my report. I contacted them personally today and they are fully prepared to remove the item from my credit after I provide the documentation that your so called Credit XP Specialists were supposed to have provided to them months back.
I will be disputing all charges for your Credit XP Specialist fees because they failed to dispute all items after I provided them with the proper documentation to dispute. It looks as if your Specialist did not follow through with their end of the agreement as we have previously stated. I will forward you a copy of my dispute to TXU and also their justification of the bill being taken care of personally by me.
In closing, this matter could certainly have been resolved amicably within your organization prior to my family having to contact the press with regard to all of these allegations however, your company remains to stand their ground on the matter; therefore you leave us no choice but to pursue the press with all of the enclosed documentation.
I am unable to access the full letter but you have been misinformed as to the fact that we were told that we had to secure jobs in Texas prior to closing on the property. Once I am able to view this letter in full I will respond accordingly.
In the mean time, I am still having your company investigated for additional allegations as far as unprofessionalism and if you were in the business of selling homes then this matter would never have escalated to the matter that it has become.
If I am feeling mistreated unprofessionally as well as needing to contact the press with regard to discrimination then your company has acted with ill regard and I will not stop investigating and placing bad publicity upon your company until I feel that the matter is justified. Myself and my family have spent a great deal of time and money on this residential property and we feel very mistreated and discriminated against and will continue to feel this way until we feel the matter is justified.
Your company should have informed us prior to all of the trips out there that we did not have 100% financing and that we had to secure employment within the state of Texas before we signed a contract and wasted our time and money however, Melinda did not state these facts, in fact she stated the exact opposite. She stated, "Do not let them tell you that you have to have employment within Texas because you have 60 days after closing to secure jobs in Texas, that she had additional clients and I've also spoken to other mortgage loan personnel that have stated the same.
The fact is that your company was NOT 100% HONEST with us from the beginning. If the two main factors were stated prior to the signing of a contract with Melinda Eberhart from the get go of this contract:
1) Do we have to be working in Texas before we close? answer from Melinda NO - you have 60 days until after you close (If YES would have been the answer I would never have signed the contract because I would have wanted to be working and living in Texas prior to signing this contract and spending money to interview and trips out there to pick out interior and exterior house materials.)
2) Do we need to have a down payment of any type on numerous occasions - Melinda stated that she spoke with Erin & Charissa and we had 100% financing (no need to worry) this is what we were told up until the bitter end and then Charissa steps in to say that Melinda misinformed us but possibly they could work something out.
So needless to say again your company has not only misinformed you but us as well.
Once I have reviewed your entire letter I will respond to the remaining correspondence.
Your credit repair within your company controls our credit scores with the disputes and investigations that they do. I fully established additional credit cards with regard to additional credit and kept them at the requested balances and paid them ON TIME. If my credit score never improved it was because your specialists never did their job as we have stated they didn't do on numerous occasions.
You can represent your company and state that our allegations are not legitimate but the facts are that your company acted with ill regard and unprofessionally with regard to being 100% HONEST with us as clients and also discriminated against us when we requested to apply within your company.
How can you represent DR Horton and when a client who is purchasing a property from you tells you their professional background and experience you tell them they have to seek employment somewhere else prior to having employment within your company. Is that a Texas law? Please, because you can not possibly begin to tell me that within a huge corporation as large as DR Horton that you have no positions at all available within your organization. Which would be discriminatory if you did because you have postings on Career Builder that currently state that you do.
My sister and myself have been repeatedly treated unprofessionally by your sales representative Melinda Eberhart with regard to misrepresentation and miscommunication and the same would apply to Charissa and as far as Erin we never spoke she had Charissa doing most of the unprofessional discussions over the phone.
As far as this is concerned I am turning it over to additional press with regard to investigating because we are relocating to Dallas in July and I have a daughter and employment opportunities that need my full attention. I have no more time to waste on DR Horton since an amicable solution has not been justified.
I do not have time for any more letters of unjustified dishonesty. We were treated unprofessionally, discriminated against as single parents and employment as far as I am concerned as well.
I am a very strong willed female and have always been this way. I do not ever seek justification unless I feel as if I deserve it and I certainly feel as if not only I deserve it but my family does as well.
Do you seriously think someone with my experience and background would have acted upon my own regard and spent finances that I could have applied towards my daughter or invested into an actual property but were spent on trips to Dallas if they were foreseen as a possible failure or misuse of funds? NO I should say not! I do not do business that way nor do I ever intend to.
I do however intend on letting additional friends, colleagues and press know that they should fully be prepared to be mislead by your company because you are more so in the business of credit repair fraud than selling homes.
If I seem to be bitter well you better believe it because I am not used to wasting my time or funds on fraudulent investments. You can stand behind your company but the facts are the facts and my family knows the truth and we are fully prepared to disclose them as they happened.
I requested for the initial copies of the contacts that were signed by myself alone and all contracts that were signed thereafter as well as a signed copy of the plans. By law I have the right to request for the documentation so I expect to be receiving all of this information in the mail here at my home address before my relocation into Dallas.
I will be needing them to follow through on the matter.
Cooper City, Florida
U.S.A. Click here to read other Rip Off Reports on DR. Horton