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326 Cars, LLC. 881-Home, LLC. David A. Kinas Fraud Deceptive Practices Criminal Conduct Tucson Arizona
David A. Kinas is a Fraud!
I only wished that I had seen all of the complaints on this site and to the Attorney General before ever having any kind of relationship with 881 Home, 326 Cars, or David Kinas.
My wife and I's story starts with a purchase of a home from 881-Home, LLC. After deciding that we wanted to finally own a home as opposed to renting we regretfully found 881-Home on the internet. Shortly after we entered into a "rent-to-own" transaction sold to us by David Kinas himself. This being our first home we realized that the paperwork probably would be extensive so we, again, regretfully let David walk us through the paperwork taking his word for everything. We were under the impression at the time of sale that we would be renting the home until we came up with the 10% required down and then that we would move to the "owning" portion of the contract. It was under our impression that when switching over to the owning portion that it would be a normal home loan consisting of priciple plus interest. Oh were we terribly wrong. Throughout the signing of the paperwork we consistantly asked David about the transaction, and "we were going to own the home?," and David ensured us that everything was on the up and up. He layed out our monthly payments which seemed to us like they were right where we were expecting a mortgage payment to be, and David also layed out our interest rate. We thought it was slightly high, but that was expected from us as we had never owned a home before, either of us didn't have the best of credit, and I was a full time student without a full time job. We signed all the papers and thought everything was hunky dory. Dead wrong, but we'll get to that later.
Around December of 2012 is where we'll pick up the story and we'll get back to the house paperwork later. As I graduated college I had many aspirations and planned on starting up my BBQ business when David re-entered the picture again. David informed me over the phone that he may have some potential leads for me for investors for starting my new venture. Well, we met, I talked, and nothing came of the investor ideas as he just wanted for me to rent out office space from him, and he wanted free BBQ. David then approached me and asked if I wanted to join his staff at his new car lot that he had started. Fresh out of college and no money I decided to take him up on his offer as we owed him money for the home. He said that he would take the money out of my paychecks and that life would be grand. Wrong again. I had never sold cars before so I learned on the fly and David mentored me in the process, and eventually I was pretty good at it, but I learned eventually that things weren't on the up-and-up and that David was doing "something" shady in his business I just didn't know what it was. Time went on and I started to learn more and more about what was going on behind closed doors with both of his businesses, and it wasn't good. On top of cheating on his wife with crack whores and asking my wife if there were any girls that she knew that would sleep with him, David was also conducting business under the table in one of the most sinister ways I've ever heard. I'm talking you only hear about this kind of stuff in Hollywood. I started to hear stories of David and his "hitmen" going to homes of people he sold homes to and as an alternative means of the court eviction process he would torment these "roaches" as he called them. He would poison their dogs, light their wood gates on fire, throw fire-crackers at their home, and paint. I didn't like what I was being told so I informed David that I was going to notify the authorities of his actions. This is where the story gets bad for me. David eventually found "a reason" to fire me, because he thought I was going to "steal" a car from him and sell it and keep the loot (absolutely reciculous and you can imagine, since I owed him for my house still). Sure 30K will get you far, but not that far. After being fired from David I was riding around in my "safe/reliable" vehicle that he had sold me, and as fate has it; I was involved in an accident. When the airbags did not deploy in the car I decided to do some investigation and found that David had sold me a vehicle that was restored from salvage, and that the airbags had been cut out. Both my children and I were in the car at the time and we all sustained injuries from the accident. The accident was not my fault so as the vehicle was in the repair shop we decided that we could not drive around in an unsafe vehicle any longer as it was a risk for ourselves and our children.
We then employed the help from our attorney's as to what to do about David, the car, and our house. They looked into our paperwork, and that's when we found out just how much of a crook David A. Kinas is. This is where the above house paperwork comes into play. Not only did David sell us our vehicle fraudulently (and we have all of the paper trail evidence to prove that) he also sold us our home under fraudulent terms, and it turns out that we weren't the only one's (go figure). Upon a little digging into David's background we found that he had had contact with the Attorney General, and he was ordered to pay $100's of thousands of dollars as a result of his fraudulent actions. This is all public knowledge and all one has to do is Google "David Kinas; Attorney General" to find the complaint and the consent decree. So, just like everybody else he's done business with, David Kinas sold us a home 1) not telling us that there was a HUGE balloon payment at the end of the 5 year contract, 2) had us fill out and sign a "deed in lieu of foreclosure," and 3) sold us a home that has a leaky roof and a bunch of plumbing issues. On top of all of that David sold us our home knowing that we would never be able to refinance, and eventually take every cent from our hands and leave us with nothing. This is where that "deed in lieu of foreclosure" comes in; you see, all David has to do is take that little piece of paper into the title agency and change ownership from us back to him. Keep in mind he can do this whether or not we are ontime with our payments. And all of the stories of the "roaches" all of the sudden started to make sense to me. Instead of going through the courts to obtain eviction paperwork and such, David spends all of that money on cocaine, booze, and hookers and then gives his "henchmen" a little cash or blow on the side to torment these people until they leave the property. Since sending multiple demand notices to David Kinas and his attorney Scott Gibson, we have had a poisened dog (of course there is no way I can prove who did it), and now a missing cat (again, no way for us to prove it), but I'm certain I know what happened after knowing David behind closed doors.
Back to the car. Since the accident my family decided that we needed a safe and reliable vehicle and we could no longer drive around the 2008 Honda Accord that David sold us. So, we obtained a new vehicle that is safer and we parked the vehicle David sold us in our back yard awaiting a trial in court to resolve all of these issues. Keep in mind we were still paying on this vehicle and have paperwork to prove that as well, but the "manager" declined all of our proof of payments. We decided to keep it locked "safe" in our back yard for evidence reasons when it became court time. Well, David has done it again! David hired a repossession agent to torment our family this time (no doubt someone he's instructed thouroughly) and this repossession agent (supposedly from ARS Towing) broke into our LOCKED yard, destroyed our fence in the process, and proceeded to take, not only the car, but all of my power tools in the process. This, after threatening to do so AND threatening to hurt me and my family physically.
David is a fraud. Always has been, and always will be. Like I stated earlier I only wished that I had seen all of the ripoff reports earlier. As I sit now, I luckily have a vehicle and a house, and all of my family is okay, but we're broken emotionally. My wife has talked of committing suicide, and I have all but done so myself. This man, David Kinas, is the most evil SOB I have ever come across in my lifetime, and what's worse; he's still aloud to conduct business in our city. I can only hope that through court proceedings (both mine and other's that I know of) he is brought to justice, and forced from ever doing business in Tucson again. If you are reading this and have gotten this far and been a victim of David Kinas in any way please speak up and do what's right for yourself and others. My attorney's are working dilligently to ensure this man see's the inside of a prison cell and we could use the voice of others effected to help that cause.
Oh, and one more thing. Since I know David will reply to this post with his standard "he is more than welcome to come discuss this in our offices" bit; know that discussions have already taken place, he has not been reasonable what-so-ever, and his response to our demand letters was pretty much an "F-U" and a slap in the face. I'm in the military and my unit will be deploying and with all of that stress on our families plate; I've now got to deal with David Kinas' fraudulent behavior and un-willingness to work with me and my wife.
8 Updates & Rebuttals
Paul
Tucson,Arizona,
Response to Charges Against 326 Cars
#9General Comment
Thu, January 09, 2014
“I was in a prior Rent-to-Own arrangement with DNT, and unfortunately due to market conditions and other matters out of both of our control, I was unable to close purchase on the property. I stopped in the office of DNT to meet with David directly and was happy he could see me on the same day - without an appointment.
I reminded David of our situation which had happened some years prior. He apologized for what had happened and made me a reasonable closing offer to settle my case.
I think it’s important to note that we both had troubles in challenging times for us locally and as a nation. I didn’t rush out to an on-line forum or website and use an anonymous name to air my grievances; rather I simply came by to talk to David and their staff directly and worked out an amicable agreement”.
Sincerely, Paul A. Jan 2014
Leif
Tucson,Arizona,
MORE LIES!!!
#9Author of original report
Thu, December 19, 2013
Allen (of course by that I mean David, because you once again hide like the dog you are),
I have not once seen your credentials as a certified CPA in the state of Arizona, so I doubt that to be true. Also, you and I know I was current on payments and you wanted that vehicle as it was evidence against you in your fraud case that will be soon to come. And if this is Allen like you say and you were a witness to said transaction, and let's say for poops and giggles you guys "DID" tell me about the Restored/Salvage title then why not simply notate that on the closing paperwork? That's because you never told me, nor did David, or any one of the employees at 326 Cars, LLC. And as for your confidentiality; are you asking that I not tell the public of crimes that you've committed? That, my friend, is against the law; especially when it has to deal with FELONIES. Trying to file a false claim with an insurance agency is a felony my friend. And yes, I did try to resolve this in another matter, and so did my attorneys.
My overall response is this:
We'll see you, anybody that chooses to go down with you, and your business name in court! It is my right as an American to expose your fraud with my free speech, and it is also my American right to take you to court. We'll let the Judge decide your fate.
Denise
Tucson,Arizona,
David Kinas.
#9General Comment
Thu, December 19, 2013
Well Allen thanks for letting me know that you're a CPA because I won't be calling you for services. Anyone that defends David Kinas is just as criminal as he is. Why would you stand up for a man that has been taken to court by the Attorney General and had to pay 400,000 in damages. The only thing I can think of is that you are just like him. I will not stop exposing David Kinas for what he is until he is put in jail where he belongs. He can use his dirty tactics like cutting off peoples electricty and poisoning animals to get what he wants,because it will not stop me. The train has left the station dude, tell your buddy he is caught and will not get away with it this time.
Allen
Tucson,Arizona,
Facts surrounding this post
#9UPDATE Employee
Wed, December 18, 2013
Dear Leif and Viewers,
I’ve written this letter to respond to your false statements written in the Rip Off report on Sunday, December 15th, 2013. As you know, I am a licensed CPA in the State of Arizona. I was one of 2 primary witnesses at the car lot when you were hired as a salesman under a “contract labor” arrangement. Shortly after your resignation, your ability to pay us deteriorated dramatically.
Regarding the REPO (by a licensed company in the State of Arizona) of the2008 Honda Accord, the loss was a result of a combination of the following:
Not paying the loan for over 90-days, and telling 326 Cars a pending insurance claim would make the loan current.
Inactivating the GPS System in the vehicle.
You changed insurance carries and did not notify us of changing
You fail to point out that you not only borrowed the car regularly as a salesman, but had numerous occasions when you could have taken in to be inspected. Everyone knows to Carfax the VIN before buying a used car: did you do that?
You failed to pay your loan obligations! We attempted to work with you, and collect at least a partial payment, but instead you choose to shirk your loan obligation to us. Trying to hide an asset that you owe money on in your backyard is just silly…..
Leif, as you are also aware, we maintain a strict policy of confidentiality, which you have broken. For this reason, we have taken this opportunity to remind any viewers of our Policy on Conflict Resolution:
1. Make an appointment with our manager on duty to attempt to resolve the point(s) of conflict directly. Bring along your documentation so we're able to review it. (You never made an appointment and the emails/calls/texts were lies.)
2. If we are unable to resolve your situation, please feel free to contact the local BBB. (There is no record of you filing any report)
3. If for some reason these two channels fail, our agreements call for us using a local Arbitrator who is trained and experienced in helping businesses and consumers resolve their points of conflict. (We never were asked to arbitrate)
If you had simply followed the Company Conflict resolutions above, there’s a very good chance you could have seen a brighter ending. And for those personal attacks on David Kinas, you most certainly do not know him as the remarks about him are simply false.
Lastly, people that default on loan obligations are typically hogtied to websites like this that allow Freedom of Speech- almost at any cost!
We do appreciate your military service and commitment in spite of our disagreements.Thanks
Allen
Attachment 1
Heard your car was fixed. Hope everything went okay. Just want to follow up if your insurance settled with you and when you will be making a payment on the Honda. I listed what is due below. The repo order will be back in effect on 11/30 unless the account is brought current. Thx
Month Amount
Sept to Nov 2013 (plus late fees) $1,409.77
Picture Attached
Leif
Tucson,Arizona,
"So-Called Jim"
#9Author of original report
Wed, December 18, 2013
There is no Jim. David A. Kinas has always been a coward and he hides under other names, because he can't stand and face the music like a real man. He is what he is; a fraudulent, self-centered, lying, cheating, cheap, crook that hides behind a cover of the dark cloud of shady business practices he commits. Also, "Jim" is that what the Attorney General found in 2006/2007? Oh, that's right, we can see what the AG imposed on your business; FINES!!! Hundreds of thousands of dollars worth, but your too much of a coward to even pay that so you filed bankruptcy shortly after. Tell me "Jim" what will the AG find this time? Who are they going to believe more? A fraudulent crook who has been caught in the act before, or an outstanding United States SOLDIER that has fallen victim to your shady business practices? We'll see what happens, and when it does I'll post your ugly mug up in as many places as possible so that EVERYONE knows what kind of sick SOB you are.
P.s.
I wonder if the MVD posts public record as well, because if they do the public would be able to see that you are currently not able to do business as a car dealership either. Seems like a certain Detective Easton and his coparts down here in Tucson have sent you a "cease and desist order." Have they put a lean on all of your cars yet Dave, oh I mean "Jim?" Awwweee....Keep hiding from the truth Dave; you've got all that you've asked for coming to you. Just remember, when the AG says you can't conduct business anymore in Arizona; that you did this to yourself. And when you sink farther into cocaine and alcohol and you are at your lowest; I hope someone kicks you while your down so that you FEEL what you've done to others.
Denise
Tucson,Arizona,
David Kinas.
#9General Comment
Wed, December 18, 2013
Well Jim, are one of Mr Kinas' henchmen? I don't know how you can defend this man when he preys on people who are desperate for the American dream. I am going to expose Mr Kinas for the man that he really is, a criminal. The gig is up and I will not back down until I see Mr Kinas in prison.
Denise
Tucson,Arizona,
David Kinas.
#9General Comment
Tue, December 17, 2013
David Kinas should not be allowed to use mobster tactics to take advantage of people. All of the mobsters are in jail right where you need to be. It seems to me that you, Mr Kinas, hide things from the people you sell to. You know that using crack cocaine can make you psychotic. And as a professional what I know is that you Mr Kinas are probably transporting drugs to finance your habit. You may be able to fool some people but I know what you really are, a parasite that feeds off of innocent people. Why is it Mr Kinas that I can't seem to find a real estate license for you, but yet you are selling homes. The attorney general should have shut you down. Your mother must be rolling over in her grave knowing what her son is really like. You sir should not be allowed to breathe the air that I breathe. And one more thing, if anything happens to my family I will personally see to it that you spend the rest of your life with bubba.
Jim
Florida,Under The Impression???
#9Consumer Comment
Tue, December 17, 2013
Being "under the impression" is meaningless! What matters is what is in the contract YOU agreed to! Remember the contract? The papers you had no sense enough to read so that YOU would know what the hell YOU were obligating yourself to.
INCREDIBLE!!!