Complaint Review: Charter Mortgage Group - Denver Colorado

Now we can all see that Charter Mortgage Group can pay an attorney to threaten their "clients". Perhaps they should have spent that time and money actually trying to take care of their client's needs. The only cause for loss of business that I see is the attorney's attempt to intimidate the poster. That'll make people steer clear of Charter.

KURT E. WALBERG, P.C.
ATTORNEY & COUNSELOR AT LAW
1700 BROADWAY, SUITE 1204
DENVER, COLORADO 80290
(303) 981-1433
FAX (303) 839-1133
[email protected]

June 24, 2005

Kathy ((REDACTED))
11852 ((REDACTED))
Arvada, CO 80004

Re: Your report at Rip-OffReport.com
Charter Mortgage Group and Troy Johnson

Dear ((REDACTED)):

I represent Troy Johnson and Charter Mortgage Group, who have asked me to contact you regarding the attached report you filed on them at rip-offreport.com, which Charter and Johnson learned of in May, 2005. Although you did not sign your name to your report, based on the specific comments made, you are the only customer of Charter who could have made this report.

You did not have a satisfactory experience. You may have had your identity stolen. (Although you do not explicitly attribute this to Charter, and do not describe any negative effects from that.) You are obliged to truthfully report experiences if you choose to complain publicly. If you do not, you are responsible for the effect of your actions.

Your report has no less than seven reckless, misleading, inaccurate and defamatory statements, which you knew or should have known were reckless, misleading, inaccurate and defamatory when you filed it. Unfortunately, your statements have resulted in Charter losing no less than two loans. Accordingly, Charter has instructed me to file suit against you to recover their actual loss from these two loans, along with other damages that can be claimed.

It is possible that additional loans will be lost as result of your defamatory statements. If that is the case, those lost loans will also be added to the lawsuit. It may be in your interest to see whether your reckless, misleading, inaccurate and defamatory "report" can be removed from the web site to which you posted it.

For your benefit and for the benefit of the host of the web site, I am delineating the specific reckless, misleading, inaccurate and defamatory statements contained in your "report," and am hereby putting them on notice that the statements made by you were reckless, misleading, inaccurate and defamatory. Under Colorado law, it is possible that the re-publisher of a defamatory statement can be held liable for its publishing of that statement if it has knowledge that the defamatory statements were untrue. This letter establishes that element. Also, in an effort to mitigate its damages, Charter and Johnson hereby ask the host of the "report" to remove the post from their web site forthwith, based on the specifically delineated inaccuracies below.

SPECIFIC INACCURATE, MISLEADING,
AND DEFAMATORY STATEMENTS:

1. Your report describes Charter Mortgage Group as a predatory lender. Under Colorado law this statement is libel per se, as it is clearly about Charter and is clearly defamatory. You do not come forward with any facts in support of your defamatory statement. When you applied for the loan, you knew that Charter Mortgage Group was a mortgage broker only and does not originate loans, and can in no way be construed as a lender.

2. Your report also states "promised rate, never delivered." From your review of the Timeline, attached, you will see that two different loans, with different terms, were procured at your request, the terms to both of which you agreed. Under Colorado law, this statement is libel per quod, meaning Charter will have to prove how the statement is capable of bearing a defamatory meaning using extrinsic evidence. Charter has the evidence necessary to establish that this statement is in fact defamatory.

3. The same holds true for your statement "my identity was stolen (busted someone with my mortgage application from them)." The clear implication of your statement is that somehow Charter had something to do with your alleged identity theft. I invite you to come forward with any specific facts on which you base your implication. I can assure you that Charter has no knowledge whatsoever of how your mortgage application (of which you, Charter and various investors had a copy), came into the third party's hands.

4/5. You state "[v]iolated federal law and did not give me the fair lending agreement within three days of signing the mortgage application." I believe you are referring to the good-faith estimate, which must be submitted to a potential borrower. Unfortunately for you, every lender with whom Charter works requires Charter to submit a good-faith estimate to them before they will even begin to process a loan application. Charter will prove positively that good-faith applications signed by you were submitted with both loan applications.

6. Because you agreed to pay for the credit record, appraisal, and processing fee in writing when you first applied for the loan, Charter is fully justified in billing you for those costs. You have not advanced any reason why you should not pay them.

7. Finally, as the enclosed Timeline indicates, the delay you complain about was caused primarily by your inaction. Specifically, two weeks passed between the date of your application and receipt by Charter of necessary documents. Another three weeks passed while Charter was awaiting your W-2's. In early December, it appeared that you deferred closing based on your concerns about identity theft. In early January, you changed the terms. Charter promptly followed up and got investor approval, calling you within a few days to set a closing date. You never returned that call. Within a few days, you then filed your "report."

Please have your attorney contact me on or before July 8, 2005, or you may wait to respond to the Complaint that will be served upon you shortly after that.

Yours very truly,
Kurt E. Walberg

KEW/sop
Encl.
cc: Troy Johnson
Charter Mortgage Group
Rip-offreport.com