The Fresh Start Firm, LLC Tim Stull Derrick Spearman Charged me a lot of money to put me deeper in DEBT and ruin my Credit Score! Flossmoor Illinois
10/31/2018
In October of 2017 I saw an ad from The Fresh Start Firm that helped in Loan Modifications. I contacted them to see if they could help. I sent them all the documentation that they wanted to see if I would be a candidate for a modification. They charged me $400 and it took them two months to evaluate. They told me that I had a case and the best way to go about getting a Modification was to file a Lawsuit.
Of course they had a case almost identical to mine that was in progress with several attractive offers for a modification that their client hadn’t accepted yet. So, I thought that if I could get a modification ½ that good I’d be happy!
After one year:
I see that all of the complaints are for the same company with the same owner Tim Stull listed in Arizona, only I dealt with the same people and sent all of my payments to Flossmoor, Illinois.
2 Updates & Rebuttals
Lawrence
Petaluma,California,
United States
Typical Fresh Start Rebuttal...All Lies as Usual!
#3Author of original report
Wed, April 24, 2019
Tim Stull hasn’t lost his touch as far as not telling the true facts! He told me BS for almost a year only so I would keep paying him every month! About the only time he ever got back to me was when a payment was due and that was the first thing out of his SlimBall mouth! Did you send a check yet?
After reading this BS Rebuttal: I did not approach “The Fresh Start
Firm” 4/22/2016! It was mid year 2017! I sent Derrick Spearman (a partner I think) many many loan documents so he could examine and tell me if I had a case or not. I paid them $400 to evaluate and it took them 2 months instead of 30 days like they promised! Of course they told me I had a case and should file a Lawsuit. That way it would take quite a while and assure them to get paid from me every single month for doing nothing!
I did not modify my mortgage 4 different times! I had two modifications due to being on a transplant list for almost 5 years! Another lie he told!
My house was not facing imminent foreclosure until Fresh Start could not secure a modification! Every time something didn’t work, Stull and Spearman would always give me the old…”Like We Talked”. In other words, they warned me! Bullshit!
I also did receive a 3 month forbearance from Ocwen, but I don’t know how in the hell I was able to set aside $10,000? I was paying Fresh Start!
What “The Fresh Start Firm” did for me:
I would love to meet these two POS’s (Stull & Spearman) in person to correct their stories!
Anyone can reach me:
Lawrence Torliatt
707-484-5536
ltorliatt@gmail.com
Timothy
Chicago,United States
False claims by Larry Torliatt
#3REBUTTAL Owner of company
Tue, March 26, 2019
Lawrence Steven Torliatt approached our firm on 04.22.2016. He advised that he felt that he was subject to loan modification abuse over many years, since his mortgage balance had accelerated greatly over the years.
He advised that he modified his mortgage on four occasions due to financial hardship. He also advised that he was facing imminent foreclosure. Lawrence Steven Torliatt openly admitted that many of his financial problems stemmed for serious business cash flow issues over the years.
Larry Torliatt Repair and Fabrication would not have continued to operate, unless cash was plugged in from the equity of his property. He admitted that his business was on the brink of failure on numerous occasions, which lead him to tap into the equity of his home. Altogether, Lawrence Steven Torliatt refinanced his him on four different occasions and pulled out over 300K cash out.
Larry Torliatt Repair and Fabrication now allegedly operates on a good business level, due to the additional cash funding. We advised Mr. Torliatt that since the modification activity took place in 2008 through 2012, the statute of limitations could be an issue. Nevertheless, Mr. Torliatt wanted us to investigate the accounting on his loan.
Since the loan was originated by Argent Mortgage and now serviced by Ocwen Loan Servicing, undoubtedly accounting and escrow distortion was relevant. Argent was shut down from fraud and Ocwen has been party to hundreds of civil lawsuits and many class action suits. Based on the investigations we conducted against Ocwen loan servicing, we were able to uncover the following initially.
This information was conveyed to Mr. Torliatt. We again advised him that even though the violations were relevant, the statute of limitations in CA would be an issue over the long run on this case. ***The loan modification agreement that you executed on 10.25.10 (attached), has many mathematical, RESPA and TILA violations within it. Basically, the entire loan modification deal is not mathematically correct.
There is no amortization schedule, Truth in Lending disclosure or full balloon disclosure. All of these disclosures are required to be compliant within RESPA law. RESPA law, The Dodd Frank Act and CFPB law requires that the disclosures are transparent, so that the home owner is aware of their full financial obligation for the long run.
Remember that a big part of what caused the 2008 financial crisis was a lack of transparency, which led to a lack of trust, which led to delinquent payments, etc. Mathematically there is way to set up an adjustable rate mortgage with a balloon payment….since calculating the specific balloon payment is impossible.
You can come close by utilizing formulas tied in into calculus or algebraic functions….but the specific figure could never be derived. There is a way to estimate and be in compliance with RESPA, but that requires a full Truth in Lending (TIL) Statement and Amortization Schedule. To make matters even more complex, the loan term is completely missing….so there is really no way to calculate interest functions over time or create a TIL.
Based on my math calculations, the term seems to be between 40.3 years and 40.5 years. The balloon payment also seems to be inflated by over $70,000. Ocwen allowed Mr. Torliatt to skip three mortgage payments from 12.01.17 to 02.01.18 as part of a special forbearance agreement. This special forbearance granted Mr. Torliatt certain financial relief, allowing him to set aside over $10,000.
Moving into 2018, Mr. Torliatt chose to cease taking action v. Ocwen, since the statute of limitations issues stood in the way. Ocwen has held Mr. Torliatt’s interest rate at 4.3755. Since Mr. Torliatt was able to save over $35,000 during this process, he decided to pay his mortgage current and move on.
We were able to identify the accounting fraud and loan modification fraud through extensive work and research. This will give Mr. Torliatt the ammunition he needs should he chose to appeal on a different level. Anyone can feel free to discuss accounting fraud issues within their mortgage loan by calling our office at 877.297.7011.