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  • Report:  #283191

Complaint Review: David Evans - Gayle Evans - Comstock Financial Services - Park City Utah

Reported By:
- PARK CITY, Utah,
Submitted:
Updated:

David Evans - Gayle Evans - Comstock Financial Services
1700 Park Ave # 2080 Park City, 84060 Utah, U.S.A.
Phone:
435-649-9608
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
In 2002 David Evans facilitated a lease option to us home he owned in 2004 we exercise our option to purchase the home with $12,000 of the lease payments made applied to the home purchase.

Acting as broker, lender, agent, he brought out purchase contracts and trust deeds as he would finance the purchase for two years and had a 75-year-old woman sign them on the front lawn of the House, and collected $45,000 in checks for additional down payment, then left her with blank copies he had handwritten, telling her he would return the sign copies after they were filed with the proper authorities, to which he never did.

In 2006 key came out to the house again and suggested that it was not a good time for her to get a mortgage and so he would continue carrying the mortgage, once again leaving blank contracts and written by him and taking the ones that were signed.

Over the course of time from 2002-2007 he watched as the kitchen was fully remodeled, a custom swimming pool was put in, the home painted entirely inside and out, complete remodeling throughout the interior of the home including new heating and slate flooring throughout the home.

There was also in every sense of the word, extensive landscaping to the entire property.

Over of the time from 2002 to 2007 payments were made at the mortgage rates plus property tax and homeowners insurance directly to David Evans/Comstock financial. During that time the mortgage rates were increased twice for a total amount of $500 a month more than the original documents showed.

In June of 2007 Mr. Evans starts returning house payment checks out of the blue and states the house must be purchased within the next 30 days, with no prior notice or warning of that regardless of the fact he agreed to a two-year extension of the financing in 2006. He then proceeds to threaten foreclosure and state there was no contract in place as the contrcats that were signed by the two parties had expired in 2006.

For those who have never needed to secure a home loan when the market was stable, getting a appraisal, finding a lender, getting approved by the lender and dealing with an irrational seller with no prior notice and no prior preparation 30 days is not a very realistic time.

However add in the recent events in the mortgage world and what it has done to residential lending and 30 days more like 60 minutes.

He went on to offer to continue to finance the purchase for another 12 months for $100,000.00 more just for 12 months of financing not to mention house payments and homeowners insurance and property tax.

Threatened by the thought of losing her home and life savings she has put into upgrades to this high-ranking member of the Mormon Church and for lack of better terms a real estate professional, we were forced to look for hard money loans to suit the unreasonable time demands he gave.

Against all odds funding was secured and the purchase offer contract was submitted to him within the 30 day time frame only for him to decline the purchase offer for the agreed amount in the original signed and unsigned mortgage documents stating " don't you think that's a little light". At a second attempt to amicably resolved the issue another purchase contract was hand delivered to him later the same day whereby the $57,000 down payments were deducted to hopefully give him the amount he desired, to which he stated the numbers are fine and I spoke to your lender and she's going to contact me when the documents are ready. He was then asked to accept the purchase contract to which he declined.

What he did not tell in the meeting where the new purchase offer was delivered to him was that he had just gotten off the phone with the lender that we had secured and had made derogatory remarks about our financial status and upon returning back home I received an e-mail from the lender stating and I quote

" I called Dave Evans to get a payoff figure and after talking to him I'm afraid I have to pass on your loan.

According to Mr. Evans, the gas is off in the house right now and that there is no written lease option, that it is a straight forward purchase."

END QUOTE.

Ironically enough the one document we do have that is signed is the original lease option.

Just this morning we made another attempt to ask him what it was that he wanted in order to get this resolved amicably and to let him know that due to his recent behavior we had thought that he might try to derail the purchase we had to back up lenders ready to go, to which he replied, and I quote

"I am seeking the advise of an attorney so I know what my legal rights are."

END QUOTE.

This is clearly an attempt to steal the equity we have created and the money we have put down on this property by this man and his wife Gayle Evans who is a notary public and the one Mr. Evans identified as the notary who would attest to the signatures on the documents prior to filing them.

Terry

PARK CITY, Utah

U.S.A.


3 Updates & Rebuttals

Comstock

Park City,
Utah,
USA
false information given real story

#2REBUTTAL Owner of company

Tue, March 03, 2015

We did not know this information had been files for a long time. Let us explain what happened.

First of all this issue has nothing to do with Comstock Financial Services, Inc. what so ever.   This issue has to do with a private singe family residence which was first leased and then sold to Terry Cattermole and his mother Beverly Cattermole (she never lived in the home).  The home was never owed by Comstock Financial Services, Inc.

In February of 2001 the home was leased to Terry Cattermole to be occupied by him and his family.

In August of 2002, the home was was sold to Terry on a trust deed and trust deed note.  The terms were 30 years with a 2year call (balloon payment).   Terry's mother Beverly, was put on the note because Terry Cattermole had issues with his credit and would have a better change of getting a mortgage in two years if his mother was on the note.

In July of 2002, Terry put down $37,300 to reduce the principal amount of  the debt.

At the end of two years Terry was unable to get a mortgage on the home, so an extension was granted. in fact several extensions were granted.

In November of 2006 Terry requested  $25,000 on a 2nd mortgage on the home. 

This loan was given by the ower because the home had appreciated over the time he lived there.

However by November of 2007 Terry was behind in his payments for a total of $l6,277.  not including late fees.

At the time forclosures proceedings were started.  neither Terry or his mother Beverly could qualify for a mortgage to payoff the balance due.  Terry wanted to see if there was any way he and his family could remain in the Home.

On November 15, 2007 a "Memoradum of Understanding" was signed by Terry Cattermole and Beverly Cattermole with David Evans paying the Cattermoles $35,000for claimed improvements and maintenance on the property. The understanting was and is that the "Memoradum" supersedes , cancels, and makes null and void all previous agreements written or verbal.  The agreement agreed to lease the home to the Cattermoles for one year with a one year option while Terry and or his mother could get qualified for a mortgage with an agreed purchase price of $425,000 which could be paid at any time during the lease.

Within 90 days the Cattermoles had defaulted on the lease and through court proceedings were evicted from the home.

The above is all documented either in the file of David Evans, his attorney, or at the state court.  If Ripoffreport and anyone is interested all information can be verified.

After Cattermole was evicted, the cost of rehabing the home to make it habital was over $107,000.  Doing the math, Terry Cattermole put in $37300 at the beginning, was given $25,000 from a second, was given $35,000 for upgrades, when he was leasing property, was behind $16,277 in lease payments which netted him $31,023.  This is not counting the home oweners due he was behind and we paid.  He received his down payment plus money.

Anyone interested in Terry Cattermole and what has happened to him, I suggest you do a google search of his name.

 

 

 


Terry

PARK CITY,
Utah,
U.S.A.
Their plot thickens

#3Author of original report

Wed, November 21, 2007

Since our original report, Mr. Evans came to the house to offer us a deal, where he would get 70,000.00 of the equity we built for his efforts of not filing the original documents and continuing what i can only classify as white Collar theft. Here is a guy who owns 4 homes in park city, one on American Saddler, his personal residence on Old Ranch Road, the house he is trying to steal back from us On countryside Circle and another with a post office box for a address and he cant be satisfied with selling us the home as he is made us believe he would at a profit, instead he intends to take every penny we have and leave us homeless. Being down to our last pennies and having three kids 2-4 and 8, we reluctantly accepted his offer and he gave us twenty five hundred dollars, only to send an email the following day and add 5000.00 dollars of expenses to our side of the contract. I contacted a local official to try to intervene to which he did and Mr. Evans told him that he was willing to do whatever he suggested. After meeting with the official we again agreed to the offer he made where he gets seventy thousand dollars of our money but this time we caved in and accepted the extra 5000.00 he tagged on to which he then declined to even do the offer where he gets 70K and instead chose to try and starve us out. This person knows no limitations to his charades to try to steal from us the home we have put our live savings into building and to put us in poverty right at Christmas time. I told him after hearing the news that I would proceed publicly and that is what I intend to do. To stay within the laws and to exercise our constitutional rights I am going to follow the Rip off report guidelines and furnish him with the rip-off report we will circulate to all real estate companies in Utah, all businesses in the town of Park city and i am enquiring now to find out the legality of putting them on the doorsteps of all homes within a mile radius of his personal residence. There fore I am asking anyone who can join us in picketing Comstock Financial in park City and possibly his personal residence in park city if the local laws allow that to join us in trying to make this dishonest man face up to his contractual obligations. If you are in the Salt Lake Valley, Heber City, Park City or any outlying areas and you have been wronged by a landlord or just want to help a family who has please contact me through the rip-off report. All dates and times are available as we plan to spread this out over the next 30 days to include not only the above mentioned picket lines but also if legal, his chosen house of worship and anywhere else he will be forced to answer to his actions. We will be contacting all media outlets in Salt lake and Park City areas, if anyone in the media would like detailed information including copies of paperwork, or to broadcast this, I am more than willing to go on a candid Face to face with Mr. Evans and let him present his side of the story and we will present ours and let the public be the judge. Since the outset of this shameful attempt of David Evans and his wife Gayle Evans to try and steal our home we have gathered some much more concrete evidence to support our claims. More to come on that when needed, which will not be long at the current pace. Any attorneys in Utah Real estate law and legal centers that assist victims of this type we will gladly pay above normal fees if you can take the case on contingency. Internet advertisers the first article we released on this deception of the Evans clan was in the number one spot in less than 72 hours, so any scam sites, deceptive practices, fraud by using the pulpit to gain trust or the like, please contact us for our reciprocal link program and help us bring this incident to light, its no doubt that this is something new for them so the more people that get to see this the better chance there is we can hear there story and start a possible class action suit. We will immediately start submitting this article to over 12,000 search engines and optimize pages for immediate pickup by search engine crawlers, if you have a website that deals in Fraud, Theft, Utah real estate, or the like and want to get the word out on this, contact us for reciprocal link programs to connect to our website being created solely for this purpose. We intend to have this article or link to the website on over quarter million pages within the next 60 days and with link programs that could easily double.


Terry

PARK CITY,
Utah,
U.S.A.
Correction to Report

#4Author of original report

Thu, November 08, 2007

Mr. Evans is not a high ranking member of the LDS church, if he was this would never have taken place. Heading should be Apparent Mortgage Fraud NOT Mortgage fraud.

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