Home Credit Law Center Brian Linnekens, Esq. Failed to get me a Loan Modification, now they do not want to refund my money owed. Los Angeles, California

I was contacted January 2011 by Home Credit Law Center Brian Linnekens to do a loan modification for me.  I was told at the time that the interest rate that I had on my mortgage was out of control and that HCLC could get me a modification for 3% interest on my home loan as well as my line of credit with my bank and my second mortgage.  I thought this was incredible, my husband had a very serious auto accident in January 2009.  He was injured to the point that he could not work for the remainder of the year.  We were already having financial problems at that time. 

We inquered many additional bills because of the accident, hospital, ambulance, physician, physical therapy and we lost our vehicle in the process.  When I was told about the 3% interest I figured this could only help us get out of debt.  By this time many of our bills had gone to collections and we were in a bad state.  When Don Williams told me he could definately help I was extatic he explained to me that the fees of $3000.00 were requested up front.  He also urged me to get on line and check Mr. Linnekens license with the California Bar Association to verify that there were not negative reports on his license.

He also urged me to check with the California BBB as they had a A+ rating at the time.  I did do the verification however, it obviously wasnt enough.  Sadly I was able to get the money together some of it borrowed to be able to start the process.  I signed my original contract on January 28, 2011 and I let Don Williams know when the money could be debted from my account.  I received an email with my application and list of documents needed as well the the contracts.  I filled out the application and signed the contract and sent everything back.  I received a letter dated March 1st addressed to my bank that they had been retained to do a loan modification for my and that a forensic audit had been done on my loan. Just to make people understand the FTC says that there is no evidence that forensic loan audits will help you get a modification or any type of mortgage relief however that is what I was told. 

At this time I started to have difficulty in getting in touch with Don Williams, he was either on the other line or out of the office by this time HCLC had already collected all of my fees.  I finally spoke with Don Williams and he sent me an additional contract that states that my file had been evaluated and a forensic audit had been done and they could still accept my case, if a loan modification was not reached $995.00 would be kept from my guaranteed refund. Because they already had all of my money and because of the letter sent to my bank I thought my case was going forward and I went ahead and signed and sent back the contract. This contract was also signed by Brian Linnekens. 

Shortly after signing the second contract I never heard again from Don Williams I would try and call to no avail.  I called hysterical one day and was able to get a receptionist to give me the phone number to United Processing Center where my file had just been sent. I called and spoke with Eric at UPC and he let me know that they were the company that puts my packet together to send to my bank. I don't understand how my file had not already been sent. I had to refill out paper work again and I had to resend all of my documentation again. My new representative was Megan she delt with me via email continually requesting additional documentation, documentation that had already been sent.

I did ask Megan via email who negotiated my modification and did I have lawyer involvement on that, she stated to me that UPC put my packet of paperwork together and they send it to my bank.  She also stated that the decision was that of the bank. Therefore no negotiating was ever done by any lawyer at all. On July 7th I was informed by UPC that my modification application had been denied. I was also told that I could contact my bank directly after a couple of months of house payments to see if they would defer what I was passed due to the end of my loan.  Eric also stated at that time that it would not help to resubmit my paperwork as I would be denied again. Eric also told me that he had already let HCLC know that I had been denied and that someone from there would be call me to let me know what would happen next. 

I spent the next week trying to get in touch with someone at HCLC and as usual I was unsuccessful.  On July 15th I went ahead and called Eric back at UPC and let him know that I had received no communication from HCLC he was baffled by this and told me he would get in touch with them again. That same day I put together a letter with my letter of denial from my bank requesting my refund of $2000.00. I went and ahead and looked up HCLC on the California BBB and they now had an F rating with a statement from the company of the following:On 4/26/11 this company informed our office that HCLC will no longer contract with any new clients. The company contends it is their intent to complete services for existing clients and then close the business completely. When I saw this statement I looked up Brian Linnekens on line and found a number of other people that had bad dealings with this company.

Once I seen all of that information I found another phone number for Mr. Linnekens and I called him directly. He did call me back and stated to me that I had been given a Foreberence agreement which is untrue. I spoke directly with my bank and there is nothing in my file about any kind of agreement and they told me that a forberence agreement could only be reached if my home was in foreclosure. I am not in foreclosure in fact I am only a payment and a half behind so no agreement was ever made on my behalf. When I spoke to my bank they did tell me that I could call back in a couple of months to see if they would defer my past due balance to the end and not because Mr. Linnekens arranged it but because I could request a deferment once a year and I was also told that it has to be approved and there is no guarantee that that would happen. 

I spoke again with Mr. Linnekens after he was able to speak with Eric to find out what had happened with my bank because he who was the lawyer was not intune with my file.  Mr. Linnekens called me on 7/25/11 to let me know that I was not going to get a refund back.  I told him that this was a scam and I had done some investigating and he had several clients that were in the same boat as me.  He said he had done an evaluation of my file and a forensic audit and that I did not deserve any of my money back.  I let him know that I had signed a second contract that stated I would still have my guaranteed refund minus the $995.00.

At that point he tried telling me I had a foreberence agreement again and I did not deserve the money back.  I told Mr. Linnekens that I had checked with the California BBB and I read the above statement that he had made. He told me that he was infact going to be closing that part of his business because of people like me that didn't appreciate the work he had done for them. He did not do anything for me except an evaluation of my file and a forensic audit on my loan. My mortgage is still behind a month and half at 11.93% interest, my line of credit account went into default and my second mortgage is still at 24% interest.  I am in financial debt up to my ears and I told Mr. Linnekens that he should be ashamed taking money from people that are already in such despirate situation.

Mr. Linnekens at that point did offer to give me a refund of whatever he would have made on my case he said $700.00 or maybe $600.00 but no less that $500.00.  I denied that offer and told him I am entitled to $2005.00 which is the $3000.00 I sent up front minus the $995.00. Mr. Linnekens asked me if he should ask his employees for their pay back so that he could refund my money.  He was not only insensative to my situation but he also was cynical and rude. I suppose I made some rude comments as well however, I am on the losing end of this deal.  I lost communication on my cell phone at that time and I have had no further communication with Mr. Linnekens or his so called Law Center.

I have filed a complaint with the Federal Trade Commission, I will be filing a complaint with the California BBB and I will be in touch with the Colorado Attorney General's office to see if Mr. Linnekens was even licensed in the State of Colorado to do loan modifications.  Mr. Linnekens was issued a Cease and Desist order from the State of Washington for doing loan modifications without a license to practice there. I will also be filing a report with the California Attorney Generals office I will also be checking with them to see if a suit has been filed against HCLC.  I will also be in touch with the Colorado Consumer Protection Agency as well as the Denver Consumer Protection Agency to see if a suit has been filed here in Colorado against HCLC.