Complaint Review: GreenLeaf Modify - US Homeowners Relief - Irvine California

In early March 2009, I responded to a mass mailing by Greenleaf Modify, a local Santa Ana company, targeting my loan since I was underwater and I have an "exotic" 5/1 ARM even though I have never been delinquent.   The Greenleaf rep, Casey Allen, said my lender would write off all of my HELOC and modify my mortgage by reducing my rate below 4% from over 5% and convert the loan into a 30 year fixed.  Casey said 90% of their requests had been approved including clients in my same situation who were not delinquent and had not lost their income. 

A payment of $2,950 was required which I would see pay off in three months based Casey's modification projections.  Per Casey, $2,000 goes to Kurt D Elkins, CA State Bar 241562, an outside attorney specializing in loan modifications paid immediately.  The remaining $450 is what Greenleaf gets and I could pay 30 days later. 

On March 27, I met face to face with Casey and the Director of Operations, Paul Bain, and negotiated a special refund clause: "If the loan modification is not satisfactory to both parties at the end of the process, then client to receive full refund of all fees, $2,950".  All three of us signed an Engagement Agreement v1001, with services to be completed in 90 days.  

On April 27, Marissa Ortez in processing at Greenleaf said in reviewing my file I needed to reduce the 401k deductions and other savings in my paycheck to show I can not afford to be saving, strengthening my financial hardship case.  I made these changes per her recommendation.  I noticed Casey Allen no longer worked there and he had changed his cell phone number. 

On May 28, since I had received no communication from Greenleaf I called for an update. I spoke with Rose in customer service who said Rosa is my assigned negotiator and would be speaking with lender that week. 

On June 10, I finally reached Rose again who said this process could take another 60 or 90 days.  I said to send me an amendment to the contract since my original 90 days would be up by June 27.   No amendment was sent.  Marissa no longer worked there.

On June 11, I received a letter from my lender confirming Greenleaf has been authorized to serve as my power of attorney. 

On June 16, I received another letter from my lender stating my loan modification request for workout assistance has been denied since the request was outside of investor guidelines.  In speaking with my lender they said the only loan modifications being considered were either delinquent home owners or home that have not sold after three months on the market, neither were my situation.  They had all my information including the monthly income adjusted on April 27.  I faxed a copy of my lender's letter to Greenleaf's Joanne in processing.   I also found Kurt Elkins had stopped working for Greenleaf and they said they only got a fraction of the $2,000 Casey Allen told me they got. 

On June 19, I received documentation from my lender confirming all my financial information and offering short sale assistance which was unnecessary.  I began to pursue my refund but found Greenleaf's phone number- 1-888-940-6851 was no longer in service.  I drove to the the 2101 4th Street Santa Ana location where I had met with Casey and Paul but found they had moved to 17305 Dailmer St in Irvine and changed the company's name to U.S Homeowners Relief.  I ended up speaking with Jennifer in accounting to request my refund and she was forwarding to Lou Saggiani in accounting to review my case.  Rose no longer worked there. 

On June 23, I spoke to Lou and also faxed him a copy of denial letter.

On July 8, I spoke with Lou and he said he's still reviewing my case and I faxed him my contract to be sure he was aware of the special clause negotiated. 

On July 10, I visited Lou in his office who showed me stack of refund checks that he was processing for clients and a box of files he was reviewing but the legal department had not reviewed my case yet.  He could not locate my file nor could he provide a status of my case using his computer.  Lou said they had moved offices because they were expanding but he could not explain the change in phone numbers or why he didn't have voice mail. 

On July 20, German, the negotiator Rosa's assistant, called to resubmit my loan modification request since he said my lender did not have all of my information.  I informed him this was untrue as my lender has the all my current information and had denied the loan modification.  German was unaware I was seeking a refund. 

On July 31, I visited Lou again and showed him my contract, specifically the refund policy which he said is unusual but looked valid.  He checked with his legal department and found my refund was "promising" and I should hear formally in two weeks. 

On August 24, I spoke with Lou who said they needed more time.  Then I received a letter from an outside attorney Damien Padilla stating an audit of my file at U.S. Homeowners Relief showed that I still owed $358 therefore holding up Stage 3, the negotiation with the lender.  This billing status was inaccurate as I had receipts I paid over $500 on May 15 which I hand delivered to Marina, who works for Lou. 

On August 31, I spoke to Lou who said the legal department had reached a decision on my refund and would call me back in 10 minutes which he did not do. 

On September 2, I spoke to Lou and he finally had an update that their legal department has advised not provide a refund and without explanation.  I would have to resolve my case in court.   I then spoke to Damien Pamilla who had performed the billing audit.  Damien said my situation is common with US Homeowners Relief but other clients have secured an attorney on contingency and US Homeowners Relief has provided the refund.

U.S. Homeowners Relief is clearly a scam.  They are as unethical as they are unorganized.   Stay away.