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Report: #601857

Complaint Review: Harvey Garte and Gerlinda L. Baca - Santa Ana California

  • Submitted:
  • Updated:
  • Reported By: Fyrcapmo — Southern California California U.S.A.
  • Author Confirmed What's this?
  • Why?
  • Harvey Garte and Gerlinda L. Baca 3100 S. Harbor Boulevard, Suite 190 Santa Ana, California United States of America

Harvey Garte and Gerlinda L. Baca Harvey Garte Illegal "Upfront fees" Santa Ana, California

*REBUTTAL Owner of company: We did not receive an upfront fee

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MRS demanded then received a $1500 "upfront fee" from me in Dec 2009 as a prelim to performing a loan modification.This is a violation of Calif Civil Code 2944.7 and Calif Senate Bill 94 which prohibits a loan modification company from requesting, receiving or depositing an "upfront fee" for services until all work on the modification is done. MRS is in violation of California State law and any validation that they completed work contracted is irrelevant in that they break the law anytime they ask for and receive an "upfront fee" from a client and deposit this into their Broker bank account, prior to completion of a completed loan modification.

MRS may have performed a breech of it's Service and Fee Agreement by the acts and omissions of it's agents in the failure to provide to me by mail or email a fully executed and Broker signed Service and Fee Agreement thereby invalidating MRS to act in any capacity on my behalf, failure to prepare and provide me a Submission package and to submit same to me to provide to my lender harming my efforts to obtain a loan modification, by acting in a "negotiating' capacity contrary to the specific language of the Service and Fee Agreement, by allowing persons other than authorized by the Third Party Authorization Form to "negotiate" with my lender possibly causing harm in my efforts for a loan modification and alleging to acts performed by MRS which by oral or other written agreement or acknowledgment are invalid and may be outside of the scope of the Service and Fee Agreement.

This report was posted on Ripoff Report on 05/10/2010 10:04 PM and is a permanent record located here: https://www.ripoffreport.com/reports/harvey-garte-and-gerlinda-l-baca/santa-ana-california-92704/harvey-garte-and-gerlinda-l-baca-harvey-garte-illegal-upfront-fees-santa-ana-californi-601857. 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:
0Author
0Consumer
1Employee/Owner

#1 REBUTTAL Owner of company

We did not receive an upfront fee

AUTHOR: Harvey Garte, CEO Mortgage Restruct - (United States of America)

POSTED: Monday, July 12, 2010

The Client paid us when after we had prepared the Modification Submission Package.  There was no upfront fee.

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