- Report: #601857
Complaint Review: Harvey Garte and Gerlinda L. Baca - Santa Ana California
Reported By:
Fyrcapmo -
Southern California, California, U.S.A.
Submitted:
Updated:
-
Author Confirmed
Why?
Harvey Garte and Gerlinda L. Baca
3100 S. Harbor Boulevard, Suite 190 Santa Ana, 92704 California, United States of America
Phone:
7145422800
Web:
www.mortgagerestruct.com
Categories:
Business Rating:
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Harvey Garte and Gerlinda L. Baca Harvey Garte Illegal "Upfront fees" Santa Ana, California
MRS demanded then received a $1500 "upfront fee" from me in Dec 2009 as a prelim to performing a loan modification.This is a violation of Calif Civil Code 2944.7 and Calif Senate Bill 94 which prohibits a loan modification company from requesting, receiving or depositing an "upfront fee" for services until all work on the modification is done. MRS is in violation of California State law and any validation that they completed work contracted is irrelevant in that they break the law anytime they ask for and receive an "upfront fee" from a client and deposit this into their Broker bank account, prior to completion of a completed loan modification.
MRS may have performed a breech of it's Service and Fee Agreement by the acts and omissions of it's agents in the failure to provide to me by mail or email a fully executed and Broker signed Service and Fee Agreement thereby invalidating MRS to act in any capacity on my behalf, failure to prepare and provide me a Submission package and to submit same to me to provide to my lender harming my efforts to obtain a loan modification, by acting in a "negotiating' capacity contrary to the specific language of the Service and Fee Agreement, by allowing persons other than authorized by the Third Party Authorization Form to "negotiate" with my lender possibly causing harm in my efforts for a loan modification and alleging to acts performed by MRS which by oral or other written agreement or acknowledgment are invalid and may be outside of the scope of the Service and Fee Agreement.
MRS may have performed a breech of it's Service and Fee Agreement by the acts and omissions of it's agents in the failure to provide to me by mail or email a fully executed and Broker signed Service and Fee Agreement thereby invalidating MRS to act in any capacity on my behalf, failure to prepare and provide me a Submission package and to submit same to me to provide to my lender harming my efforts to obtain a loan modification, by acting in a "negotiating' capacity contrary to the specific language of the Service and Fee Agreement, by allowing persons other than authorized by the Third Party Authorization Form to "negotiate" with my lender possibly causing harm in my efforts for a loan modification and alleging to acts performed by MRS which by oral or other written agreement or acknowledgment are invalid and may be outside of the scope of the Service and Fee Agreement.
1 Updates & Rebuttals
Harvey Garte, CEO Mortgage Restruct
Santa Ana,California,
United States of America
We did not receive an upfront fee
#2REBUTTAL Owner of company
Mon, July 12, 2010
The Client paid us when after we had prepared the Modification Submission Package. There was no upfront fee.
