I was promised and paid $499 for a comprehensive forensic mortgage audit. I received a useless generic audit & a offer to do it right for $2,400 plus
7 Nov 2013 I contacted ****** ******* to prepare a forensic audit,spoke to him in Sep 2013 and he was aware of my situation,He offered to prepare my audit personally and refer me to an attorney to handle my lawsuit,with a portion of the $1900 being paid and complete it once the balance was paid in full. Since Sep 2013, I recieved several emails from ******, offering different types of services as well as classes on how to prepare audits to earn extra money. I found a local attorney to handle my lawsuit on a contingency fee, but circumstances changed that dismissed me from my chap 13, which meant that I needed a forensic audit to correct account before I could proceed with the lawsuit and to extend the stay in a new chap 13. Since ****** had recently sent an email with a reduce rate of $499 for a forensic audit, I contacted him. In the chat session, ****** stated what was included in audit which inlcuded this: ). "The audit also looks for appraisal fraud/negligence, commissions violations, refund eligibility, misapplied payments, calculation errors, application fraud, and more." I explained to ****** in the chat session before payment and did a followup via phone after payment to be certain he understood what I needed and when I needed it. Which was, loan re-aged, errors corrected from first error: $841.01 payment paid 31 Dec 99 never applied that caused over 13 yrs of problems, overpayments applied correctly,errors corrected, recalculating loan balance, escrow balance, etc. I needed to be able to show the status of the loan when each chap 13 was filed to save home, when each foreclosure was initiated, at the discharge of the first chap 13 and the account status once the court ordered consent order was complied with. ****** agreed that all of this could be done and in order to include these items, we would have to have all the details of the payment history, which we could get from the lender by calling customer service or by sending a QWR. ****** failed to what I paid for. ****** used the consent order and the lenders payment history, which was so full of errors with questionable entries, reversals and much more to prepare the audit. He decided to interpret the consent order based on what he wanted it to be, which in his opinion the consent order supersedes all past matters, agreements, corrections, etc. he was only concerned with transactions that took place after the date of consent order. He prepared his quick standard audit for homeowners trying to save home on the myth that by informing the lender that they had violations during the origination of the loan, it would stop all foreclosure proceedings,force the lender to negotiate a modification of the loan by reducing interest and principle balance and possibly own the home free & clear due to robo sighning and inproper chain in purchasing the loans. Which is not what I needed, what I paid for or what I was promised. The audit is useless, because ****** refuses to acknowledge what I need and paid for, his belief is that regardless of what I need or can use, he was able to find me $2400 in overpayments (Which is incorrect, because it was not recalculated from the correct date) and the fact that he found some critical violations on my original closing documents that are violations of federal and state laws, which are of no use to me at this time. What I need is the corrections and calculations he promised and I paid for. I filed a dispute with bill me later through paypal, that was denied, because the agent stated that even though I provided enough evidence to prove I did not get what I paid for, but their criteria for disputes involving services, which is not tangible is if the services were provided. All the seller has to do is provide proof he did provide me an audit, regardless of the contents. Which is wrong, but they have to go by their guidelines. The seller was aware of the criteria and per bill me later already submitted his proof so nothing else was considered
I would like for ****** ******* to complete the forensic audit to include the corrections to issues he assured me would be corrected and included in the audit. Which are:
1. Re-age account either from the loan origination date or at least from the date of 31 Dec 1999, when a payment of $841.01 was paid and never applied to account, which has caused over 13yrs of financial hardship, grief and being threaten of foreclosure.
2. Do corrections and adjustments to reflect the account status and balances as of 1 Jan 2000 through 26 Jun 2000.
3. Correct and adjust the account and apply payments post petition and prepetion bankruptcy as discussed in accordance with the bankruptcy code.
4. Correct and adjust account to inlude all overpayments as of the date they were actually paid.
5. Apply consent order dated Nov 2006, as it should be and not by his personal opinion. There is nothing in the consent order that states it supersedes anything, therefore, the forensic audit should not be prepared with this false belief.
6. Apply the $4027.00 of payments that the lender failed to apply to the loan as of the date they were actually paid, as we agreed and not by his personal belief that is incorrect\
7. Prepare, correct errors, apply payments and make adjustments and recalculations based on the bankruptcy code and the documents I have provided to show proof of how corrections should be made and not based on his legal opinion, which I have proof to show that he is not qualified to provide legal opionions and make corrections on laws he has no knowledge of.
8. Once the adjustments have been made to the account based on the information that is currently available. I would like for ****** to do as he promised in chat session, in which he stated that in order for him to include the issues I need in the audit, he would need all of the details of the payment history. Therefore, he should:
a. Allow time for Lender to respond to the numerous questionable adjustments, reversal of payments, missing funds, double posting of payments to the same month, etc, via request to lender customer service and/or a QWR (qualified written request) which he has stated that he would definitely need in order to accurate correct and adjust account.
b. Make the necessary corrections and ajustments to account and escrow to correctly reflect the over 13 month overpayment as of Jun 2008 as discussed and promised
c. Correct and make adjustments to show the correct or adjust as close as possible with the available data to show the status of account during the filing of all chap 13's, initiation of foreclosure proceedings, motion for relief's, increase of escrow due to neg balance, adjust and correctly apply payments from the unappled account, etc.
In closing, the settlement I am seeking is for Mr. *******, to provide me the comprehensive Forensic Audit results, that include the issues, we discussed in the chat session, I have record of, the telephone chat and emails. He promised me his audit would provide me what I needed for my lawsuit, therefore, he should honor his agreement and complete a audit with the results related to the purpose I need it for and not a generic audit, that he prepares for anyone that is in foreclosure, looking to show violations by the lender to force lender to negotiate. Which there are several agencies online that state that what Mr. ******* is promising through his forensic audit is not true and will not stop a foreclosure or force the lender to negotiate. This is why I am not interested in what he feels I should be satisfied with, the fact that he found critical violations in my closing documents. As of now that info is irrelevant and of no use for my lawsuit. I also need for Mr. ******* to correct and adjust the reports that are included with audit upon his completion of my audit. If Mr. ******* is unwilling to complete the audit as promised, then I would like a full refund of all money paid.
Contact Name and Title: ****** *******, President
Contact Phone: XXX-XXX-XXXX
Contact Email: *************************
Unlike other companies, Strong Family Fund's forensic audit includes a module for mortgage payments accounting for a client's payment history. The audit also focuses on origination, collections and other state and federal guidelines.
The typical audit client receives their completed audit within 5 - 7 business days. This is always with the understanding that no guarantees are provided as to what will be found, and that the audit can only focus on documentation that has been provided. Our service agreement (attached), also allows for an extended window of 2 weeks after the audit has been completed to allow the client to provide additional information / documentation if needed or desired for a fee.
Ms. ***** was made aware of the service coverage and all relevant conditions. On November 19, 2013, the audit results were provided to Ms. *****, and the results showed that over $2,400 was owed to her account due her servicer/lender mismanaging her payments. Additionally, the lender was also found to have failed to comply with a legally binding consent order that was entered into between Ms. ***** and the lender/servicer in 2006. Finally, among the other violations, the audit found that the lender violated an important section of the mortgage contract when they did not properly inform Ms. ***** of her rights as required by Section 22.
I informed Ms. ***** that if she wanted to increase the dollar amount I found, I would need her to provide more documentation than was available. I then gave her 2 weeks to provide it, and offered to provide the grace period without her incurring the fee. She agreed and said she would get back to me. During the grace period, I wrote Ms. ***** 11 times directly and indirectly in response to 24 emails that I received from her. On November 27, I sent an updated reconciliation to better illustrate how differences in escrow applied payments did not impact her bottom line because the lender was not charging Ms. ***** late fees. Also, I highlighted how the lender handled a post BK payment plan. They did it correctly. I informed Ms. ***** that I still did not have enough information to increase the dollar amount found, but that she had what she needed to demonstrate lender negligence and mismanagement. This is what she told me her attorney needed. On November 14th @ 1:48pm, Ms. ***** sent an email stating that all her attorney needed was..."All he needs is something stating if there are issues with the management of the account". This requirement as well as our disclosed service agreement was achieved.
After spending long days and hours preparing her audit and reconciliation, and finding all the other federal violations on Ms. *****'s loan, the decision was made not to engage any additional work after the deadline had expired on 12/3 unless it was on an hourly basis. Ms. ***** did not agree with the decision... On 12/5 - 12/9 she began sending a series of emails some of which were very threatening.
I stand behind the work I performed for Ms. *****, and believe she received high value for the payment she made. At this point, I would not be interested in doing additional work unless it was on an hourly basis, and unless the work was very clearly defined. I would however be willing to offer my services at only $35 hour instead of the customary rate of $70 - $125 for similar work.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
I HAVE NUMEROUS EMAILS AND OTHER DOCUMENTS I AM TRYING TO ATTACH TO THIS RESPONSE THAT I AM HAVING DIFFICULT DOINT. PLEASE NOTE THAT I AM IN THE PROCESS OF PREPARING THEM SO THAT I CAN SEND THEM. I WILL ATTACH THEM NO LATER THAN 27 JAN 2014
I do not accept Mr. *******'s proposed offer. The proposed offer by Mr. ******* was follows:
***This is no longer a Forensic Audit, but a Mortgage Accounting Reconciliation / Audit. My quote for this will be $70 per hour. I estimate 2 days to complete, however, I will only charge you for one. This would be $560.00. If additional work is required after my submission, you will be billed in advance at 3 hour increments or $210. This could change depending on your responses above.****
The problem with this proposal is that he wants to charge me an additional $560, which would cover 1 days work, to prepare what he now calls a" Mortgage Accounting Reconciliation/Audit". That he initially called a "Forensic Audit" that he assured me was what I needed to correct and recalculate my mortgage loan. He initially wanted me to pay $1,200.00 in Sep 2013, but dropped down later and solicited me through email advertisement of his reduced price of $499.
In his response to you he stated that he painstakingly spent long hours and days to prepare my Forensic audit but now for an additional fee of $560 and renaming the audit to a "Mortgage Accounting Reconciliation/Audit". (See attached email dated 6 Dec XXXX X:XXpm) He can now complete all of this in a day or 2 and will only charge me an additional $560, for a total of $1,059.00. Also, if by chance it is still not what he promised me when I receive the work; he is generous enough to do additional work for the cost of $210 per 3 hour increments.
If it only takes 1 to 2 days to do what I initially asked him to do and he promised me he could do, then why did it take him so many painstakingly long hours and days to provide me a forensic audit, almost identical to the lenders payment history, with an exception of a few changes that he decided he want to interpret and include. The only problem is that it is all useless and inaccurate. Bottom line is that you cannot, overstate your abilities, lie about your credentials, fail to do the work and produce useless data. Then in his defense, he points to the statement in my email and his agreement that reads: No refunds are given, once audit is started. Based on the final results Mr. ******* provided me, it appears that he never started the audit, because if he had he would have provided me the audit I paid for. (See Audit prepared by Mr. *******).
Time has run out and I am having another accountant to do what I paid Mr. ******* to do. To date, by correctly re-aging the account, making corrections, applying the consent order/payments in accordance to the bankruptcy code (all things Mr. ******* stated he could do and was experienced in doing) and recalculating the account, corrections are already showing in excess of over $5,0000 - $7,000 in overpayments.
To avoid cluttering the true facts of this complaint, which Mr. ******* insist on doing to cover up his lies and scams, I will attach all email correspondence in chronological order that transpired between Mr. ******* and myself, beginning with the initial chat session, in which I specifically explained the purpose of the audit and what it would be used for and he assured me that the forensic audit was what I needed. But then he failed to provide it and now wants to change the title and charge me more. Due to the large volume of emails, I hesitated to send them all, but since Mr. ******* insist on mentioning bits and pieces of the correspondence, which he only selects the portions that he can change around to cover his deceit, I feel that to clear up things, it's best to allow you to review everything to get a clear picture of all events. The facts of this situation are as follows:
1. Mr. *******, lied about his abilities and knowledge of preparing audits, as well as his experience dealing with foreclosures and bankruptcy codes involving mortgage loans.
2. Mr. *******, was deceitful in stating he was a certified licensed CPA in the state of Florida and a Licensed Real Estate Broker. I spoke with the Agency that confirms a licensed CPA for Florida as well as the license agency for licensed Real Estate Agents and Brokers and found that Mr. ******* lied and has never been a licensed CPA and his real estate license expired in 2010.
3. Mr. ******* was aware that he would have to either appear in person, provide an legal affidavit or as he stated he would testify via phone to the court as a licensed CPA the accuracy of his findings, which the focus was on the calculations, payments, interest, principle balance, etc. Meaning his opinion that statutory and state violations, he indicated he found that showed the lender violated the laws dealing with regulations such as respa, etc, was not the focus of this audit and he was well advised that this was not the intent of the audit and not the work he was asked to perform.
4. Mr. ******* at the time he accepted payment was deceitful in stating he was qualified to provide professional testimony to the court to support and explain his work in the audit. When he would have been useless, because he was not a licensed CPA and mislead me to believe he was under false pretense to accept payment.
5. Mr. ******* is not qualified or have the skills to provide me what I paid for and the information he is using to scam homeowners is worthless and is not what I paid him.
6. Mr. ******* failed to do what he was paid to do and provided me inaccurate. He left large gaps in his corrections, did not do a thorough re-aging of the account.
7. Mr. ******* was deceitful in stating that it was impossible to go back and give me credit for the payments the lender failed to give credit to, as of the date they were paid and then recalculate the account. He refused to do that, which resulted in a large gap of over $5000.
Please review all of the emails along with the attachments.
Final Business Response
I honored the agreement that she completed, and I provided the agreed upon service. As I stated before, if she wants more work to be completed do to the new information she provided after the contract period ended, I will due it at a reduced rate.
No refunds are available. Here is an email sent by the client on 11/7/2013 at 4:13pm.
Per our online chat, I stated that I wanted my attorney to speak with you before you start the audit.
I sent my attorney an email with the sample audit in it and your website. He is ok with The forensic audit and states there is no need for him to speak with you.
Based on this, you have my permission to start asap. I am aware that once you have started the audit, no refund can be granted.