Complaint Review: CRE Analytics - San Diego California

Correction: For the record, James Rohner is in fact an employee of the law firm, as he claimed, of which has referred business to Miss Van Dyk's services in the past, with much success. Neither James Rohner, nor the law firm where he is employed are directly connected to any buiness ventures pursed by Miss Van Dyk, CRE Analytics, related subsiteraries.

As someone self employed, it's difficult when someone posts a complaint on a site like this that just is not true.  First, this person who will throughout this rebuttal be referred to as "client" is a Licensed Real Estate Agent in California.  Although, he admitted he "isn't practicing", he would still know the laws and issues surrounding his inquiry with my firm. He was in deed referred by a Law Firm who refers a lot of business to me because we do an excellent job. The purpose of this job was to research Quiet Title documentation which includes pulling public records and recording documents in search of a break in chain of title. With recent lender / investor mistakes such as selling loans to new investors without recording proper assignments, many times attorneys wish to litigate these cases for the client and get the mortgage rescinded.   This client hired our firm to do the research for 8-9 properties to see if any chain of title issues existed.  This client basically wrote his own contract (now I believe he did so to have some type of out after we did the work) , but none of the services had anything to do with doing a loan modification, completing loan modification paperwork or any type of foreclosure prevention or other issue along the advance fee issues addressed in SB94. 

I am of the opinion, this client became nervous as our discovery unveiled that he has significantly drained all of his properties of equity in the previous  24 months to turn around and try and get the lenders to rescind their notes based on a technicality.  Our office did research quiet title issues, the title and recorded documents on the subject properties and the goal was to prepare a full report of the findings to the client for presentation to a litigation attorney for further review for a potential quiet title case on each of the properties.  This client ( again a Licensed Real Estate Agent) fully understood the contract and read that we in no way claimed to be a law firm and are not in the practice of law. Quite the contrary, the contract specifies we have in house counsel that is in the employ of CRE Analytics, but the fudiciary responsibilities are due to CRE Analytics, not the client.  The client was fully aware, as was written in the contract, that our services were for the purpose of research only and up un until the time an attorney would have to be retained for legal matters, filings and litigation. ( Well within the scope of our rights to perform these services.)

The client did express to me from the onset that he sufferred from Obessive Compulsive disorder, so I did expect he would be a client that would take a significant amount of time. Our office spent many hours with him talking about the RESPA, TIL, Title 15 issues and research of Quiet Title issues. I also called 3 attorney's to discuss their taking the research and upon review moving on with a case. Two of the attorney's declined the opportunity, but one attorney was willing to spend time researching the matter, reviewing our findings and potentially moving forward if such errors had occurred on these properties.  This client, at no cost to him through my research and referral, even interviewed this attorney.
 
As I said, 1/2 way through the project, this client just abruptly ceased the work and wanted a 100% refund.  I do not feel a full refund is fair based on the contract which calls for a 50% refund if work not completed within 180 days (not 30) and this client even delayed the onset of the work because he was in the middle of refinancing a property and did not want to jeopardize the refinance.

The client also finished our initial meeting indicating he was Gay. This seemed odd as it had no bearing to the work at hand. Perhaps he didn't realize 1/2 my staff is Gay, my office is in the Gay community and personally I have several friends and a relative who is Gay. I volunteer for Gay related causes and worked as a volunteer for AIDS task force for 7 years. Was he either concerned I was homophobic, or was he indicating he was in fact Hetrophobic?  I hope this is not another frivolous consideration of his as to why he should be considered for a full refund.

In the interim, this client has decided to try and ruin my reputation with existing clients for which I have done expcellent work.  I have been an advocate for property owners for 30 years and most recently scheduled another meeting with Congressman Darryl Issa'a office due to extreme corruption on the part of several large banks and the necessary reform under the new Frank Dodd act concerning Wall Street and mortgage backed securities.  I have also been called to be an expert witness for the FBI and continually get referral business from Law firms for just this type of legal research prior to their taking on major cases.  Once again, I at no time indicated I was an attorney.  I do however get referral business from attorney firms.   I will continue to consider a refund for this client, but as he continues to make false statements, contact my business referrals and colleagues, it becomes less likely that I will refund the money without going to court as he is making false representations about my firm and our expertise.  I will continue this post once the matter is resolved.

When you become self employed, you do so in the hopes of helping individuals. What's happened now with the internet, because of human nature, when you assist someone and they are greatful you saved their home, business, lifestyle and allowed them to move on with their lives, thats what they do.  They don't typically find a "what a wonderful person" site to rant and rave over your success!  Once in a while you run into a person so angry at the world, who is an obvious failure at what he does ( This "client" is a licensed Real Estate Agent in California - yet "doesn't practice", who has already stuck his nose into other thriving businesses and basically only assisted in their demise) , who feels compelled to tell me he is Gay at the end of the meeting like it would matter to me... (1/2 my staff is gay, I worked  at a AIDS task force as volunteer for 7 years, many of my friends are Gay,  some of my family member's are gay and my business thrives in the Gay community!), was he revealing that perhaps he was a hetrophob?  It wasn't necessary -

Anyway, none of the request for work that he had sought me out to do involved modification of his mortgages.  He shopped costs and companies to find out who would do research on 8 - 9 propoerties to see if the title and all mortgages associated with his 8-9 properties were recorded properly.  Basically our firm was hired to do title searches and compile research that would later be handed off to an attorney for any potential litigation as a result of  RESPA, TIL or Title 15 issues, but also the newest craze  "Quite Title" issues in which a bank sells your mortgage so often, the proper assignments of sale is not recorded and potnentially, a law firm could litigate the debt and potentially have the debt rescinded.   The Licenses Real Estate Agent (  who also admitted he was Obsessive Compulsive) could have done the work himself, but was referred to me by a very ligitimate Law Firm for the rearch necessary for the potential case.    My firm spent hours speaking with the guy, began the research into his several properties (at a reduced rate per file as he pleaded with us to please do each file for less that $750 a piece) and we started the research.  He brought over closed files, on loans he had gotten on the those No Income/ No Asset loan  types - and basically through our research had raped each property of all potential equity and was now trying to negate the loans over a technicality.  (Potentially causing over $1m loss to one institution alone). But it's this type of entitlement that people have that will be the doom of the country!  So 1/2 way into the project, It's my feeling this licensed Real Estate Agent "client" was now nervous about the fact he systematically drained his properties now in the hopes of washing the debt so he pulled the plug on the project.  

Keep in mind, he basically wrote his own contract because he was so sincere and eager to do this project, once successful, he wanted to start a new venture with our firm and  do these on a regular basis. But regardless, work had already been done, research done, attorney's contacted for opinions, documents ordered and pulled from public record.  Did he really think he would get a full refund? The contract calls for 50% refund in the event we are not fruitful in discovery  in 180 days!  not 30!  And, he asked that we delay research on a few properties because he was in the middle of refinancing those and didn't want to interefere with  getting those refinances completed.

I put the Quiet Title in front of 3 attorneys, 2 of which felt it was a waste of time. One of the attorneys took the time to meet with this Real Estate Agent and indicated he would review all the research, once completed, and potentially litgate any deficiencies.  The licensed Real Estate Agent (Client)  was fine with this.

We totalled the hours spent on this matter, the research we had completed and also took into consideration the existing customers either we didn't get to or new customers we did not contract (because everytime a call with this guy or a visit to the office resulted in hours of "what if's") we realized he was truly not entitiled to a full refund.  Once we started indicating he would not receive the full refund, he took it upon himself to start calling our clients and bad mouthing the company and included the Law Firm who recommended me.

Once again, the problem with these blogs and in particular Rip Off Report, they do no background investigation into the claim to even see if the blogger is in contract, telling the truth, the circumstances or if the complaint is put there by a competitor, disgruntled employee or like this guy, someone who got cold feet about being exposed for using his properties like an ATM and then wanting to get the debt wiped out on a technicality.

CRE Analytics has assisted many commercial property owners save their properties.  We have been recommended by many people and even law firms as they know the work, eithic and results CRE exudes.   SB94 does not include commericial properties, but this work for research the licensed real estate agent asked us to do doesn't fall under SB94 either.  Afterall, he's a licensed real estate agent who gets all publications...... does he not read up on his field.   Anyway, yes, this will probably end up in court in more a defamation of character case for the benefit of my company vs some type of award for his actions.   As for Rip Off Report, you can't always believe what you read here - really folks - Even the owner of the site will tell you that - but what they want you to do is spend money to somehow regain your reputation and name over these false reports.  To me, this is the true scam.  I would welcome a site that would at least get proof a person complaining was legit.   I will ad additional information once this matter is settled.