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Report: #1406861

Complaint Review: Secure Investment Lending LLC - Lake Mary Florida

  • Submitted:
  • Updated:
  • Reported By: MILENNYS LAHERA — Loxahatchee Florida USA
  • Author Confirmed What's this?
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  • Secure Investment Lending LLC 1485 International Parkway Suite 1031 Lake Mary, Florida USA

Secure Investment Lending LLC1485 International Parkway Suite 1031Lake Mary, FL 32746 Truth In Lending default on agreement lack of full disclosure, Truth In Lending default of agreement performance, Conspiracy to Commit Fraud in the Factum, Predatory Lending, Predatory Service, Tortious Interference, TILA Violations, FDCPA Violations, RESPA Violations Lake Mary Florida

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                                                   Affidavit Of Truth 

 

Regarding :  Property:  Loan #11076 with Secure Investment Lending/Funding LLC, principal business address: 1485 International Parkway #1031 Lake Mary, FL 32746, hereinafter, lender. Borrower’s Milennys Lahera and Jorge Carrasco business name Paramount Of Florida Preservation, Corp. address 15085 80th Ln N Loxahatchee, FL 33470 hereinafter, borrower’s.   

PCN: 00-41-42-22-00-000-3940 Property Address :  12824 85th Rd N West Palm Beach, FL 33470

Legal:  THE NORTH 239 FEET OF THE SOUTH 2958 FEET OF THE WEST 209 FEET OF THE EAST 4629 FEET OF SECTION 22, TOWNSHIP 42 SOUTH, RANGE 41 EAST PALM BEACH COUNTY FLORIDA.

 

Interest Payment History and Draw Request History Statement of Facts  

 

Closing was January 17,2017, First interest payment due date set for March 1st 2017.  Borrower’s draw schedule attached as Exhibit C

 

1st Draw Request in February 27, 2017, in the amount of  $18,450.00 and received.  Lender use an itemized draw schedule payment system. Attached as exhibit A.  

 

March 1st interest payment check no. 162 in the amount of $2695.43 was mailed to Lender.  

 

March 1st lender performed an unauthorized ach debit from the business  bank account for the March interest payment.   The lender was immediately contact and informed they had no authorization to transact ach payments from the business bank account.   We applied this as an advance April interest payment on our books.  We also block the lender’s ability to withdraw any future ach payment from the business bank account with the assistance of our business banking institution.  

 

March draw request of $22,025.00 (lender denied draw)

Reason for denial, lender was reluctant to release funds as they did not want the construction project to be top heavy on THEIR books.  Lender expressed an apprehension regarding our ability to be able to finish the project if the majority of the funds were to be used in the commencement of the project.  This was contested, “if the lender presumes such uncertainty in our ability to start and complete the project, the loan should not have been created”.  To apply this suspicion after the loan and in the middle of a construction project is obtuse. The lender ignored all expenses, receipt for goods, and services. And denied the draw. No written communication was sent regarding lender’s denial reasons.    

 

April 1st interest payment was made in advance in March as stated above.

 

May no interest payment was made to the lender for the reason of the draw denial, and a dispute was transpiring with pending legal litigation.  A letter was sent to lender’s office via Certified Mail  in May 2017.   In conclusion, the lender negotiated in mid June 2017, to allow a draw of $15,000.00 and deducted two months of payment to cover May interest and June interest payment.  Moving forward the lender agreed to utilize our draw payment schedule. Lender immediately deposited a total of $9,606.14 into the business bank account on June 13,2017.

 

July interest payment check no. 168 in the amount of $2695.43 was mailed, received and cashed by Lender.

 

August interest payment check no 610 in the amount of $2695.43 was mailed, received and cashed by Lender.

 

August draw request amount $35,000.00 . Lender changed draw schedule payment method to percentage of completion attached as exhibit B.   

 

August 18th lender tampered with draw payment schedule and implemented a percentage of completion draw without any communication, verbal or written.   Utilizing this method of draw compromised all draws we had previously received as it now categories the previous draws as advancements, therefore, the August draw deposit amount total was $12,657.50.  

 

The lender’s percentage of completion draw payment schedule illustration of August draw.    total of:     $46,327.50

 

1st draw payment  of:     $18,450.00  (-)

2nd draw payment of            $  9,609.14   (-)

July interest payment            $  2,695.43  (-)  withheld with prejudice due to lender neglect of properly up keeping interest

 accounting payments as the July monthly  payment was received and cash with check

  no. 168

August interest payment      $  2,695.43  (-)  withheld with prejudice due to lender neglect of properly up keeping interest

 accounting payments as the August  monthly  payment was received and cash with

  Checkno. 610

 

Total draw deposit $12,657.50

 

After extensive and furious communication with the lender they agreed to release $10,000.  The Director also assured me that an audit of the account’s payment history would be conducted and if July and August payment were made.  They would return the interest payments. However, the lender did not return the two months of interest payments as agreed in our phone conversation.  Upon my pursuit in attempting to collect these payments I was verbally abused by staff.  Which also leaves me oweing a September and October payment.  The total August draw was for $22,657.50

The lender has tampered with our company’s ability to manage the project’s cash flow, as well as with the intrusted services regarding the management of the escrow funds for the construction loan. The lender has failed to comply with their verbal agreement to utilize our draw payment schedule and to provide a written draw payment schedule agreement before and during the existence of the loan. It is clear the lender has no goodwill in the success of the project.  Which leads me to question the lender’s intention as the manager of the escrow holder to the project, in which they are creating continuous delay’s.  In my opinion this lender is deliberately dragging out the project in order to grow an opportunity to collect additional months of interest payments on the loan.  The project is 4 months behind schedule due to draw payment management inefficiency.  With these financial interruptions the lender can also gain control of the project and property through foreclosure proceedings.  

The lender has hurt our ability to complete the project in a timely, and cost efficient manner.   

 

The lender and staff are furious communicators, they hang up the phone in the middle of a conversation, they pass responsibility from officer to director to staff.  They do not answer emails nor return phone calls and also hide behind the phone by means of not picking up calls.  

 

I have not, nor do I intend on making a September payment and any future payment is unconscionable as this lender has failed to perform as the escrow manager for the construction funds.  Every draw request submitted has turned into months of negotiations where as the lender has the upper hand as they are holding the funds and are aggressively hostile to release.  The lender’s draw management is unpredictable and no clear outline nor contract has been created on how the draws are to be distributed.  

 

A total of $18,868.01 thus far has been given to the lender as interest payment for the construction loan.

 

A total of $12,720.00 was given at closing to broker the transaction for the loan.  

 

Attorney’s Fee for disputes $6,000.00

 

In total $37,588.00 has been given to the lender for a construction loan that is nonperforming.  And in accordance with the enclosed events it is clear that we as borrowers have been fully committed to uphold our contractual responsibility by means of continuing to pay on the loan and to continue advancing on the construction project itself.  Regardless of the lender’s foul play in the management of the escrow funds for the project.  

Our Objective Moving Forward is:

NULL AND VOID THE LOAN AND FILE SUIT FOR NON-PERFORMANCE OF LOAN ORIGINATION PURPOSE.  

Recap on lender misconduct, two draw disputes, 4 months behind schedule.  Our capacity to trust the lender with the escrow funds of the project has caused injury.  

1st draw dispute, March - June, (2 ½ months) to settle dispute. Thus, incurring additional expenses due to cash flow replenishing, causing additional interest charges on material accounts and other credit accounts.  In addition to attorney’s fees due to assist in the dispute of the draw.  

2nd draw dispute in August.  The same statements as above applies. Which are, the project is incurring additional expenses with the delay’s and an attorney’s fees to assist with the dispute.  As of the Date of this Affidavit October 4, 2017.  The lender has not returned emails nor phone calls to resolve dispute

This is my affidavit of truth and facts regarding the above and all enclosed.  

My only interest is to protect the integrity of my business and the project/property.

 

_________________________________________________________________

MILENNYS LAHERA  &  JORGE ANDRO CARRASCO

This report was posted on Ripoff Report on 10/17/2017 01:33 PM and is a permanent record located here: https://www.ripoffreport.com/reports/secure-investment-lending-llc/lake-mary-florida-32746/secure-investment-lending-llc1485-international-parkway-suite-1031lake-mary-fl-32746-trut-1406861. 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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