Complaint Review: Shell Food Mart - Phoenix Arizona

This is my second correspond and all the details listed in chronological order.

1) In December 2007 M & I Bank sold us a SWAP loan to refinance our business which we did not understand. My wife and I trusted them because M & I Bank convinced us that our monthly payments would remain constant irrespective of the market interest rate. 

2) Our monthly payments were never constant and M & I Bank admitted that our note was inputted incorrectly in their system.

3) After two years of complaining to M & I Bank trying to get our money back, Mr. Eric Anders of   M & I bank decided to break off relations with us and gave us until May 31^st 2010 to refinance or sell our business.

4) In January 2010 Mr. Perry Mann owner of TradeCor Desert Sky II suddenly comes to our location and make us an offer of $1.250M.  We reject his offer.  Mr. Parry Mann said that M & I Bank is willing to sell him our notes at $1.25M.  We mention this to Mr. Eric Anders of M & I Bank and he had no comments.

5) Due to pressure from M & I Bank, we approached Wells Fargo for refinance. Wells Fargo started our loan process offering us an SBA 7A loan. M & I bank agreed to take $1.9M and write off the rest to compensate us for excess funds taken from us.

6) Wells Fargo requested M & I bank for the payoff statement to finalize the lending process.

7) Once M & I bank found out that our loan with Wells Fargo was going through, they sent  a payoff statement to Wells Fargo for $2.4M thus stopping our refinance of the SBA 7A loan. (This loan had a limit of $2.0M)

8) Few weeks later M & I Bank sells our note to Mr. Perry Mann of TradeCor Desert Sky II for $1.25M.  This proves the conspiracy and gross discrimination against us. 

7) Mr. Perry Mann after successfully buying all our notes for $1.25M puts us immediately in Trustee Sale. 

8) Until the last day before filing for Chapter 11 we begged him to take the same offer of $1.9M that we were giving to M & I Bank thus making him a clean profit of $700,000, but he refused.

9) After filing for Chapter 11 Mr. Jeff Pevone a commercial real estate agent calls my son Sonny threatens him that if we do not hand over our business to Mr. Perry Mann we will face consequences.

10) Three days before the creditors meeting in the bankruptcy court I get ruthlessly assaulted by four young adults (asking me to give our station to the rightful owner) and I end up losing vision in my right eye.

11) I attend the bankruptcy court hearing with burses in a wheel chair along with my wife

12) In the bankruptcy court. We were humiliated by Mr. Perry Manns attorney when (under oath) he asked us in a derogatory manner if knew English.  This is a serious violation of our civil rights and we consider this racial profiling.

13) We had our business appraised by one of the most leading appraisal company, and they appraised our business for over $3 M.

14) We now have a lender after doing their due diligence is willing to lend up to $2.3M to get us out of chapter 11.

15) Suddenly Mr. Perry Manns attorney has comes up with their own appraisal of $2.1M and is asking the bankruptcy court to hand over our business to them. Perhaps Mr. Perry Mann and his attorneys do not realize that there is no lender in this economy that will lend $2.3M for a business that is only worth 2.1M.

All the events listed above clearly prove that this is a conspiracy against us. My family and I have suffered tremendously for last 16 months. My wife, my two sons (19 & 25) and I are all on heavy antidepressant drugs.  We still get abusive and threaten phone calls from unknown numbers,

M & I Bank and TradeCor Desert Sky II should be bought to justice and held responsible for our mental, emotional and physical setbacks.

MI bank and TradeCor must be charged with criminal and civil violations.

All our notes (which have been computed wrong from the day we signed) should be cancelled ASAP.

Please contact us if you have any questions.