Property Tax Lenders
Hunter-Kelsey of Texas, LLCComplaints
Customer Complaints Summary
- 12 total complaints in the last 3 years.
- 2 complaints closed in the last 12 months.
If you've experienced an issue
Submit a ComplaintThe complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.
Initial Complaint
Date:12/30/2024
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
To whom it may concern:I am requesting copy the WILL when i originally open the loan in 2018. Please have the document email to ********************** Thank you ***** ***** I have send numerous email and made phone calls and they are very rude they disconnected the line.Business Response
Date: 12/31/2024
Dear Ms. *************** see that you have submitted a complaint to the Better Business Bureau,and we appreciate the opportunity to address your concerns and clarify the situation.
Requested Documentation:
1. Our records indicate that we received two emails from you on December 30, 2024one with your request for a copy of the WILL and a second email providing your loan number. We promptly responded to your email and provided the requested document. Additionally, the copy of the will is attached to this response.2. Details of the Phone Call:
Our records show that you also called us on December 30th. During the call, our representative explained that your request required us to check another system and advised you to send an email to facilitate the search for the WILL. The representative also provided the loan closing year to help you include the necessary details in your email.
The call ended with the representative expressing hope that we could assist you with your request, and you noted that you had read our ****** reviews highlighting how we help our customers. Both parties concluded the conversation politely, thanking each other.
3. Concerns About Rudeness and Disconnection:
I understand that you mentioned there were challenges where an agent was rude and hung up on you. After reviewing the records of the call, I did not find this to be the situation. The call appears to have been handled professionally, with both parties expressing mutual courtesy.We value your feedback and take your concerns seriously. If you have additional details or specific instances you would like us to review, please dont hesitate to let us know. We are committed to addressing your concerns and ensuring a positive experience for all our customers.
If there is anything further, we can assist you with, please feel free to reach out directly at ************.
Sincerely,
Loan Servicing DepartmentInitial Complaint
Date:11/27/2024
Type:Billing IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
In requesting a payoff in June we noticed $500+ in unaccounted for fees. ******-****** (HK) refused to explain and directed me to their attorney. Attorney refused to provide an itemization. Turns out they were for a petition filed in May AFTER we refused to refinance the next year's taxes with HK. The filing was unnecessary and retaliatory because 1) we had an acceptable payment arrangement with the county, same as every year. 2) ** has never filed legal action in previous years, it was only after we refused to refinance. Past documentation supports this. To prevent further action, I made a large payment ONLINE to get the account current. Without permission, ** applied a portion to pay the attorney fees, making our account still past due. In response to complaints filed with state, H-K then refused to communicate with me, insisting I only communicate with their attorney. What they didn't tell us was that this was adding more legal fees to our account. They then retaliated by locking us out of the online account so we couldn't make online payments, doing so the day a pmt was due. Their response was this was standard even though our account was current. They have never locked us out of the online account, no matter how far behind our taxes were with the county. This additional retailatory action was done just to create additional barriers to timely payments so they can foreclose. It's already created problems with the first check I mailed because a previous cyberbreach held up the transfer to the only account that has paper checks, so they stated the account was in default again. Our property is not scheduled for a foreclosure sale as H-K claims. We continue pmts to the county for taxes. We are in our 60s and this has taken a toll on both our physical and mental health, all for their unnecessary $500 in legal fees. We want the legal fees removed and online account access reinstated.Business Response
Date: 12/04/2024
Dear *** *******,
We received the complaint you filed with the BBB. It is similar in nature to the multiple complaints you filed with the ************************************** (****). We provided the **** thorough documentation and responses to each allegation. In response to your BBB complaint, we are providing the same documentation that was provided to the ****:
1_**** Complaint Response ***** Johnson_H2101665
2_**** Complaint Additional Request Response_Karen Johnson_H2101665
3_**** Complaint Third Additional Request Response_Karen *******
4_**** Complaint Fourth Additional Request Response_Karen *******
5_10162024_johnson_closure letter-occcAt the outcome of the investigation the **** conducted, they provided you with the Closure Letter. It outlines the various items and states we are complying. The **** closed the complaint. Hunter-Kelsey of Texas, LLC has done no wrong-doing and has operated by legal and contractual requirements.
Regarding the status of your account, according to the 4_**** Complaint Fourth Additional Request Response_Karen ******* document, it stated that as of October 3, 2024, your account was current. However, since then, the payment made on 10/23/2024 for $226.79 was returned due to insufficient funds. As of December 3, 2024, the account is due for the 10/18/2024 and 11/18/2024 payments. The total amount as of 12/3/2024 to bring the account current is $506.26.
If you would like to discuss this further, we can be reached at ************.
Thank you,
Hunter-Kelsey of Texas, LLCCustomer Answer
Date: 12/18/2024
Complaint: 22612808
I am rejecting this response because as I mentioned in my original complaint, the only reason the October payment was returned was due to the delay of my transfer from another account post an identity theft incident -- and it NEVER would have occurred had I not been locked out of our account with an inability to make online payments, which ******-****** has never provided a good explanation as to why except to say that previously it was their "oversight. I mailed another check for $500 in November, which should definitely have covered October and November. I didn't know it was $506 they mentioned in their response because I can't access the account and NOW they are not providing me with ANY information about it. None. No email statements or payment amounts. No mailed statements. They have completely cut off all information about our account. We have no idea what is due, what the account status is, what fees they've applied. Nothing. Since I first filed this BBB complaint they are WITHHOLDING all account information, including not providing a current account status or payoff amount. And now, they are not accepting any payments, they are not depositing my checks. All of this purposely designed for us to go into default with them, which is absolutely 100% retaliatory.
Regards,
***** *******Business Response
Date: 12/27/2024
December 27,2024
Dear Ms.*******,
We received your response to the information we provided. Your response is as follows:
I am rejecting this response because as I mentioned in my original complaint, the only reason the October payment was returned was due to the delay of my transfer from another account post an identity theft incident -- and it NEVER would have occurred had I not been locked out of our account with an inability to make online payments, which ******-****** has never provided a good explanation as to why except to say that previously it was their "oversight. I mailed another check for $500 in November, which should definitely have covered October and November. I didn't know it was $506 they mentioned in their response because I can't access the account and NOW they are not providing me with ANY information about it. None. No email statements or payment amounts. No mailed statements. They have completely cut off all information about our account. We have no idea what is due, what the account status is, what fees they've applied. Nothing. Since I first filed this BBB complaint they are WITHHOLDING all account information, including not providing a current account status or payoff amount. And now, they are not accepting any payments, they are not depositing my checks. All of this purposely designed for us to go into default with them, which is absolutely 100% retaliatory.
As most of what you list in the BBB complaint is similar to what you filed in a new complaint with the ************************************** (****), we are providing the same information and response to this BBB complaint as what we provided to the **** as follows and are uploading copies as well:
December 27, 2024
Re: Complaint number, ******, filed by Ms. ***** ******* in relation to her account, ********, with Hunter-Kelsey of Texas, LLC
Dear Office of Consumer Credit Commissioner (****) and Ms. ***** *******,
We received the following complaint filed by Ms. ***** *******:
I filed a complaint several months ago and in retaliation ******-****** locked me out of my account so we can no longer make payments online, they told me I had to mail checks but NOW they are not accepting ANY payments whatsoever, they are withholding ALL information about our account so I dont what is due or when.
We also received the following request:
Complaint # - ****** Please response addressing the allegations made by the consumer by providing a detailed statement of facts, provide the promissory note, payment history explain why you are not accepting payments from her, if it is a misunderstanding please provide payment instructions on how she can make her payment a full response is due by 12/23/2024 **** ******** ************
We would like to address the points you raised in your complaint to ensure clarity and provide assistance where needed.Regarding online portal access, we understand your frustration. However,as we previously communicated, the removal of portal access is a uniform policy for accounts in specific situations, such as loans coded as being in Foreclosure or Tax Suit (FC-TS) status. This policy ensures compliance with company guidelines and is not implemented in retaliation. While portal access is restricted, alternative payment options are available to you, including calling our ******************** on ************ or sending payments via mail at:
***********
c/o Hunter-Kelsey of Texas, LLC
PO Box 676904
******, *******; 75267-6904Your account is in one of the specific situations outlined above, i.e.,Tax Suit (FC-TS). The taxing entity has filed a lawsuit against you for delinquent property taxes. We, as a secondary party, were required to file an intervention in that lawsuit. As provided previously, here is the statute, Chapter ****** of the Texas Tax Code,that governs this:
Sec.******. JOINDER OF TAX LIEN TRANSFEREE. (a) A taxing unit acting under Section 33.44(a) shall also join each transferee of a tax lien against the property that may appear of record under Section *****. After the joinder, the transferee of the tax lien may file its claim and seek foreclosure in the suit for all amounts owed the transferee that are secured by the transferred tax lien, regardless of when the original transfer of tax lien was recorded or whether the original loan secured by the transferred tax lien is delinquent. In the alternative, the transferee may pay all taxes, penalties, interest, court costs, and attorney's fees owing to the taxing unit that filed the foreclosure suit and each other taxing unit that is joined.
b) In consideration of the payment by the transferee of those taxes and charges, each joined taxing unit shall transfer its tax lien to the transferee in the form and manner provided by Section *****(b) and enter its disclaimer in the suit. The transfer of a tax lien under this subsection does not require authorization by the property owner.
c) On transfer of all applicable tax liens, the transferee may seek to foreclose the tax liens in the pending suit or in any other manner provided by Section *****,regardless of when the original transfer of tax lien was recorded or whether the original loan secured by the transferred tax lien is delinquent. The foreclosure may include all amounts owed to the transferee, including any amount secured by the original transfer of tax lien.
d) All liens held by a transferee who is joined under this section but fails to act in the manner provided by this section are extinguished, and the court's judgment shall reflect the extinguishment of those liens.According to our records, the taxing entity is moving forward on that lawsuit and has set a trial date of January 22, 2025. As there has been previous confusion with our right to assess legal fees to your account, I provide the following statute, Section ******** of the Texas Finance Code, proactively, to address any questions you may have on future legal fees (highlighted in yellow for ease of use):
Sec.********. AUTHORIZED CHARGES. (a) The contract between a property tax lender and a property owner may require the property owner to pay the following costs after closing:
(1) a reasonable fee for filing the release of a tax lien authorized under Section *****(b), Tax Code;
(2) a reasonable fee for a payoff statement authorized under Section *****(f-3),Tax Code;
(3) a reasonable fee for providing information regarding the current balance owed by the property owner authorized under Section *****(g), Tax Code;
(4) reasonable and necessary attorney's fees, recording fees, and court costs for actions that are legally required to respond to a suit filed under Chapter 33, Tax Code, or to perform a foreclosure, including fees required to be paid to an official and fees for an attorney ad litem;
(5) to the extent permitted by the United States Bankruptcy Code, attorney's fees and court costs for services performed after the property owner files a voluntary bankruptcy petition;
(6) a reasonable fee for title examination and preparation of an abstract of title by an attorney, a title company, or a property search company authorized to do business in this state;
(7) a processing fee for insufficient funds, as authorized under Section 3.506,Business & Commerce Code;
(8) a fee for collateral protection insurance, as authorized under Chapter 307;
(9) a prepayment penalty, unless the lien transferred is on residential property owned and used by the property owner for personal, family, or household purposes;
(10) recording expenses incurred in connection with a modification necessary to preserve a borrower's ability to avoid a foreclosure proceeding; and
(11) fees for copies of transaction documents requested by the property owner.
(b) Notwithstanding Subsection (a)(11), a property tax lender shall provide a property owner:
(1) one free copy of the transaction documents at closing; and
(2) an additional free copy of the transaction documents on the property owner's request following closing.
(c) A property tax lender or any successor in interest may not charge:
(1) any fee, other than interest, after closing in connection with the transfer of a tax lien unless the fee is expressly authorized under this section; or
(2) any interest that is not expressly authorized under Section *****, Tax Code.
(d) Except for charges authorized under Subsections (a)(1), (2), (3), (9), and (11), any amount charged by a property tax lender after closing must be for services performed by a person that is not an employee of the property tax lender.In reference to your statement that we are not accepting your payments,our records indicate the following:
1. A payment of $226.79 was received on October 23, 2024, but it was returned due to insufficient funds.
2. A subsequent payment of $500 was received and applied to your account on December 13, 2024.Currently, our records show that your next payment, due December 18, 2024,is outstanding. For your convenience, we have attached a detailed Loan Master Report to this response.
We are here to assist you and answer any further questions you may have.Please feel free to contact us at your earliest convenience.
Best regards,
Loan ********************
Hunter Kelsey of Texas, LLC
Phone: ************Customer Answer
Date: 12/27/2024
Complaint: 22612808
I am rejecting this response because:Again, the taxing entities file with the court each year. In no other year did H-K file an Intervenor's Petition, nor did they remove portal access. So contrary to their assertion, removing portal access is NOT a policy that they "uniformly" apply. They have also never provided a logical explanation as to the purpose it serves. If they allow "alternative means of payment" -- which I have explained ad nauseum is extremely cumbersome for us -- then why not online? It's to erect a barrier to timely and convenient payments and nothing else (and I explained why that last payment was returned which would NEVER have happened if we had been allowed to make the payment online).
It's also worth putting on public record that they ONLY reached out to me after my previous BBB response and I reached out to congressional representatives. They withheld all account information, would not respond to my repeated emails requesting account information, and would not deposit my latest payment, until I had to go through all of that.
Regards,
***** *******Initial Complaint
Date:01/26/2023
Type:Order IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Please accept this complaint with your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen another Licensed Property Tax Lender and entered into an agreement with them authorizing them to receive a payoff my account from Hunter Kelsey/ Propel Financial Services.
The Uniform Electronic Transactions Act § 322.007(a) states that “a record or signature may not be denied legal effect or enforceability solely because it is in electronic form.” And if a law requires a record to be in writing or requires a signature then an electronic signature satisfies the law.
Please note that the law does NOT require a certificate of completion, NOR does it require personal contact information either. My lender does this as a courtesy and Propel financial services/Hunter Kelsey still deny it. This alone further proves they are holding my account and others hostage.
The OCCC has provided it’s on bulleting regarding payoffs b15-1-ptl-borrower reads (see attached)
“A property tax lender may not “lock out” the borrower or prevent the borrower from paying off the loan early.”
Even with Rules set in place Hunter Kelsey / Propel Financial Services refuse to follow the law.
Their payoff department (Hunter Kelsey / Propel Financial Services) has refused to accept an electronically signed document because it’s not from Docusign. They further want my new lender to release my personal contact information. I have not given permission for them to share my direct contact info but with my new lender. Even though my new lender has satisfied the law for payoff requests, Hunter Kelsey / Propel Financial Services whom are one in the same may not refuse my payoff request and make up their own rules and are in direct violation with the law.
This is nothing more than holding me hostage in my loan agreement without the ability to refinance them to another lender of my choice or payoff early. Every day they do not provide my payoff I’m charged interest, late fees, possible attorney fees and possible additional fees from the county which could prevent me from being approved with the new lender.
They are now forcing me to resign with a different electronic signature thus restarting the clock. I’m forced to do so to avoid the first huge penalty by the County on 1 Feb.
SEE ATTACHED COMPLAINT FOR FURTHER DETAILSBusiness Response
Date: 01/28/2023
Dear Mr. ***** ******* on behalf of
****** ******* ***** ****
We received the following filed
complaint through the Better Business Bureau:
Please accept this complaint with
your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen
another Licensed Property Tax Lender and entered into an agreement with them
authorizing them to receive a payoff my account from Hunter Kelsey/ Propel
Financial Services. The Uniform Electronic Transactions Act § 322.007(a) states
that “a record or signature may not be denied legal effect or enforceability
solely because it is in electronic form.” And if a law requires a record to be
in writing or requires a signature then an electronic signature satisfies the
law. Please note that the law does NOT require a certificate of completion, NOR
does it require personal contact information either. My lender does this as a
courtesy and Propel financial services/Hunter Kelsey still deny it. This alone
further proves they are holding my account and others hostage. The OCCC has
provided it’s on bulleting regarding payoffs b15-1-ptl-borrower reads (see
attached) “A property tax lender may not “lock out” the borrower or prevent the
borrower from paying off the loan early.” Even with Rules set in place Hunter
Kelsey / Propel Financial Services refuse to follow the law. Their payoff
department (Hunter Kelsey / Propel Financial Services) has refused to accept an
electronically signed document because it’s not from Docusign. They further
want my new lender to release my personal contact information. I have not given
permission for them to share my direct contact info but with my new lender.
Even though my new lender has satisfied the law for payoff requests, Hunter
Kelsey / Propel Financial Services whom are one in the same may not refuse my
payoff request and make up their own rules and are in direct violation with the
law. This is nothing more than holding me hostage in my loan agreement without
the ability to refinance them to another lender of my choice or payoff early.
Every day they do not provide my payoff I’m charged interest, late fees,
possible attorney fees and possible additional fees from the county which could
prevent me from being approved with the new lender. They are now forcing me to
resign with a different electronic signature thus restarting the clock. I’m
forced to do so to avoid the first huge penalty by the County on 1 Feb. SEE
ATTACHED COMPLAINT FOR FURTHER DETAILS
In
reviewing your account with us, we see that Panacea Lending, LLC recently
submitted a payoff request to us. As we have
received the same above complaint verbatim from other recent customers, we
believe either Panacea Lending, LLC has submitted the above complaint on your
behalf directly or has provided you the statement above to submit a complaint
directly. Either way, we’d like to
provide some context that Panacea Lending, LLC has failed to provide to you as
follows:
1. For many years Panacea Lending, LLC has utilized Docusign as a platform for obtaining proper authorization and signed documentation and has submitted payoff requests using that platform. Upon receipt of the proper authorization and documentation, we have provided payoff quotes to Panacea Lending, LLC. We do not intentionally withhold payoff quotes to negatively impact you financially or legally.2. In recent weeks, Panacea Lending, LLC started to use a new platform, Hipaatizer. In reviewing the documentation provided and after consulting with our attorneys, we advised Panacea Lending, LLC that we are unable to accept the Hipaatizer documentation submitted as it does not clearly indicate that it was sent directly to you, the customer, and that you indeed were the one who executed it. As we receive the payoff quote requests using this platform, we have advised Panacea Lending, LLC of the following:
Thank you
for submitting your third-party payoff request. We have a legal and fiduciary
obligation to protect our customer’s and their account information and in
today’s environment, we take that responsibility seriously. Unfortunately, the
combination of the documentation provided does not meet verification
requirements. There could be three reasons for this:
a. If you
submitted an unsigned or incomplete Third Party’s Request for Property Tax Loan
Payoff Statement, we’ll need it corrected.
b. If you submitted a HipaaSign Certificate without listing the customer’s
email address, we’ll need it corrected. We need to be able to clearly identify
that the forms you are remitting were indeed sent to the customer directly and
we can do so by reviewing the email address. Fortunately, we verified with the
Hipaatizer vendor directly that the inclusion of the email address can be done.
c. With a properly completed Third Party Request form and the HipaaSign
Certificate, including the customer’s email address, we should be able to
successfully validate the documents using the “Validate Signature”
functionality provided by Hipaatizer. If for some reason, the validation
process does not reflect positive results, we will let you know.
If you will please correct any of the above items and resubmit your request, we
will process it, accordingly.
3. The Docusign documentation platform is set up to clearly show where a form was sent, i.e. to you the customer, and that you, the customer, executed it. The Hipaatizer documentation provided by Panacea Lending, LLC does not.4. After initial and secondary requests made by Panacea Lending, LLC using the Hipaatizer documentation and Panacea Lending, LLC responding and insisting that we are holding your account “hostage” and are breaking laws, we provided Panacea Lending, LLC, the following:
We
respectfully disagree with you. We do not plan on “holding our customers
hostage and breaking any rule advised by the OCCC.” nor are we breaking the
law. On the contrary, we always strive to abide by any rule or guidance from
the OCCC. Additionally, our goal is to provide the utmost customer service to
our borrowers. It is because of this that we cannot provide the payoff
statements at this time.
Please
note, we have provided many payoff statements to you prior to this issue. We
have accepted many electronic payoff requests from you in the past, when you provided
the proper documentation using the Docusign platform. It is only these cases
where you are using the Hipaatizer application, where there is an issue.
Specifically, the esigned payoff request does not satisfy 12 CFR
§609.910(f):
Each
system institution must verify the legitimacy of an E-commerce
communication, transaction, or access request. Document integrity ensures that
the same document is provided to all parties. Signature authentication proves
the identities of all parties.
We
apologize for the inconvenience this may have caused, but please understand, we
have a duty to keep our customer’s information confidential. If you can provide
proper documentation to show compliance with the above, or even have the
customers send the esigned payoff request to us directly, we would be more than
happy to comply. Unfortunately, with what has been provided, we are unable to
determine if this was even emailed or reviewed by our customer.
If
not, we welcome the opportunity for the OCCC to opine on this issue and feel
more than confident our request for proper documentation is reasonable.
5. More recently, in the event we continue to receive payoff quote requests from Panacea Lending, LLC that do not meet requirements, we have now pivoted to emailing each customer directly at the email address we have on record. The following is what we provide the customer:We recently received a third-party payoff quote request from Panacea
Lending, LLC. We advised Panacea
Lending, LLC that the documentation they originally submitted does not meet
verification requirements. We requested
additional documentation from Panacea Lending, LLC with little to no new
results. We have a legal and fiduciary
obligation to protect your information and your account information and in
today’s environment, we take that responsibility seriously.
We would like to provide more context on why we requested further
documentation:
a. We do not believe the payoff request documentation satisfies 12 CFR §609.910(f), which states, “Each System institution must verify the legitimacy of an E-commerce communication, transaction, or access request. Document integrity ensures that the same document is provided to all parties. Signature authentication proves the identities of all parties.”
b. In reviewing the documentation provided, it is not clear that the Third Party’s Request for Property Tax Loan Payoff Statement form submitted was first sent to you and/or then signed by you.
We always strive to abide by any rule or guidance from the Office
of Consumer Credit Commissioner (“OCCC”) and any laws that govern our
business. Additionally, our goal is to
provide the utmost customer service to our borrowers. We apologize for the inconvenience this may
have caused, but please understand, we have a duty to keep your information
confidential.
We recognize that you may actually need a payoff quote, which is
why we are reaching out to you directly using the email address we have on
record. If you are still in need of a
payoff quote, please reply to this email and we will process one for you.
While all of the above is lengthy, we
hope this helps clear up why we have been unable to provide a payoff quote
directly to Panacea Lending, LLC when they use the Hipaatizer application. Again, electronic requests submitted that
meet requirements are processed and any request you submit directly is also
processed.
If you have any further questions or
concerns, we can be contacted at 877-327-0161 and would be more than happy to
discuss in more detail.
Thank you,
Propel Financial ServicesInitial Complaint
Date:01/23/2023
Type:Order IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Please accept this complaint with your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen another Licensed Property Tax Lender and entered into an agreement with them authorizing them to receive a payoff my account from Hunter Kelsey/ Propel Financial Services.
The Uniform Electronic Transactions Act § 322.007(a) states that “a record or signature may not be denied legal effect or enforceability solely because it is in electronic form.” And if a law requires a record to be in writing or requires a signature then an electronic signature satisfies the law.
Please note that the law does NOT require a certificate of completion, NOR does it require personal contact information either. My lender does this as a courtesy and Propel financial services/Hunter Kelsey still deny it. This alone further proves they are holding my account and others hostage.
The OCCC has provided it’s on bulleting regarding payoffs b15-1-ptl-borrower reads (see attached)
“A property tax lender may not “lock out” the borrower or prevent the borrower from paying off the loan early.”
Even with rules set in place Hunter Kelsey / Propel Financial Services refuse to follow the law.
Their payoff department (Hunter Kelsey / Propel Financial Services) has refused to accept an electronically signed document because it’s not from Docusign. They further want my new lender to release my personal contact information. I have not given permission for them to share my direct contact info but with my new lender. Even though my new lender has satisfied the law for payoff requests, Hunter Kelsey / Propel Financial Services whom are one in the same may not refuse my payoff request and make up their own rules and are in direct violation with the law.
PLEASE SEE ATTACHED COMPLAINTBusiness Response
Date: 01/28/2023
Dear Ms. **** *****,
We received the following filed
complaint through the Better Business Bureau:
Please accept this complaint with
your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen
another Licensed Property Tax Lender and entered into an agreement with them
authorizing them to receive a payoff my account from Hunter Kelsey/ Propel Financial
Services. The Uniform Electronic Transactions Act § 322.007(a) states that “a
record or signature may not be denied legal effect or enforceability solely
because it is in electronic form.” And if a law requires a record to be in
writing or requires a signature then an electronic signature satisfies the law.
Please note that the law does NOT require a certificate of completion, NOR does
it require personal contact information either. My lender does this as a
courtesy and Propel financial services/Hunter Kelsey still deny it. This alone
further proves they are holding my account and others hostage. The OCCC has
provided it’s on bulleting regarding payoffs b15-1-ptl-borrower reads (see
attached) “A property tax lender may not “lock out” the borrower or prevent the
borrower from paying off the loan early.” Even with rules set in place Hunter
Kelsey / Propel Financial Services refuse to follow the law. Their payoff
department (Hunter Kelsey / Propel Financial Services) has refused to accept an
electronically signed document because it’s not from Docusign. They further
want my new lender to release my personal contact information. I have not given
permission for them to share my direct contact info but with my new lender.
Even though my new lender has satisfied the law for payoff requests, Hunter
Kelsey / Propel Financial Services whom are one in the same may not refuse my
payoff request and make up their own rules and are in direct violation with the
law. PLEASE SEE ATTACHED COMPLAINT
In
reviewing your account with us, we see that Panacea Lending, LLC recently
submitted a payoff request to us. As we have
received the same above complaint verbatim from other recent customers, we
believe either Panacea Lending, LLC has submitted the above complaint on your
behalf directly or has provided you the statement above to submit a complaint
directly. Either way, we’d like to
provide some context that Panacea Lending, LLC has failed to provide to you as
follows:
1. For many years Panacea Lending, LLC has utilized Docusign as a platform for obtaining proper authorization and signed documentation and has submitted payoff requests using that platform. Upon receipt of the proper authorization and documentation, we have provided payoff quotes to Panacea Lending, LLC. We do not intentionally withhold payoff quotes to negatively impact you financially or legally.2. In recent weeks, Panacea Lending, LLC started to use a new platform, Hipaatizer. In reviewing the documentation provided and after consulting with our attorneys, we advised Panacea Lending, LLC that we are unable to accept the Hipaatizer documentation submitted as it does not clearly indicate that it was sent directly to you, the customer, and that you indeed were the one who executed it. As we receive the payoff quote requests using this platform, we have advised Panacea Lending, LLC of the following:
Thank you
for submitting your third-party payoff request. We have a legal and fiduciary
obligation to protect our customer’s and their account information and in
today’s environment, we take that responsibility seriously. Unfortunately, the
combination of the documentation provided does not meet verification
requirements. There could be three reasons for this:
a. If you
submitted an unsigned or incomplete Third Party’s Request for Property Tax Loan
Payoff Statement, we’ll need it corrected.
b. If you submitted a HipaaSign Certificate without listing the customer’s
email address, we’ll need it corrected. We need to be able to clearly identify
that the forms you are remitting were indeed sent to the customer directly and
we can do so by reviewing the email address. Fortunately, we verified with the
Hipaatizer vendor directly that the inclusion of the email address can be done.
c. With a properly completed Third Party Request form and the HipaaSign
Certificate, including the customer’s email address, we should be able to
successfully validate the documents using the “Validate Signature”
functionality provided by Hipaatizer. If for some reason, the validation
process does not reflect positive results, we will let you know.
If you will please correct any of the above items and resubmit your request, we
will process it, accordingly.
3. The Docusign documentation platform is set up to clearly show where a form was sent, i.e. to you the customer, and that you, the customer, executed it. The Hipaatizer documentation provided by Panacea Lending, LLC does not.4. After initial and secondary requests made by Panacea Lending, LLC using the Hipaatizer documentation and Panacea Lending, LLC responding and insisting that we are holding your account “hostage” and are breaking laws, we provided Panacea Lending, LLC, the following:
We
respectfully disagree with you. We do not plan on “holding our customers
hostage and breaking any rule advised by the OCCC.” nor are we breaking the
law. On the contrary, we always strive to abide by any rule or guidance from
the OCCC. Additionally, our goal is to provide the utmost customer service to
our borrowers. It is because of this that we cannot provide the payoff
statements at this time.
Please
note, we have provided many payoff statements to you prior to this issue. We
have accepted many electronic payoff requests from you in the past, when you provided
the proper documentation using the Docusign platform. It is only these cases
where you are using the Hipaatizer application, where there is an issue.
Specifically, the esigned payoff request does not satisfy 12 CFR
§609.910(f):
Each
system institution must verify the legitimacy of an E-commerce
communication, transaction, or access request. Document integrity ensures that
the same document is provided to all parties. Signature authentication proves
the identities of all parties.
We
apologize for the inconvenience this may have caused, but please understand, we
have a duty to keep our customer’s information confidential. If you can provide
proper documentation to show compliance with the above, or even have the
customers send the esigned payoff request to us directly, we would be more than
happy to comply. Unfortunately, with what has been provided, we are unable to
determine if this was even emailed or reviewed by our customer.
If
not, we welcome the opportunity for the OCCC to opine on this issue and feel
more than confident our request for proper documentation is reasonable.
5. More recently, in the event we continue to receive payoff quote requests from Panacea Lending, LLC that do not meet requirements, we have now pivoted to emailing each customer directly at the email address we have on record. The following is what we provide the customer:We recently received a third-party payoff quote request from Panacea
Lending, LLC. We advised Panacea
Lending, LLC that the documentation they originally submitted does not meet
verification requirements. We requested
additional documentation from Panacea Lending, LLC with little to no new
results. We have a legal and fiduciary
obligation to protect your information and your account information and in
today’s environment, we take that responsibility seriously.
We would like to provide more context on why we requested further
documentation:
a. We do not believe the payoff request documentation satisfies 12 CFR §609.910(f), which states, “Each System institution must verify the legitimacy of an E-commerce communication, transaction, or access request. Document integrity ensures that the same document is provided to all parties. Signature authentication proves the identities of all parties.”
b. In reviewing the documentation provided, it is not clear that the Third Party’s Request for Property Tax Loan Payoff Statement form submitted was first sent to you and/or then signed by you.
We always strive to abide by any rule or guidance from the Office
of Consumer Credit Commissioner (“OCCC”) and any laws that govern our
business. Additionally, our goal is to
provide the utmost customer service to our borrowers. We apologize for the inconvenience this may
have caused, but please understand, we have a duty to keep your information
confidential.
We recognize that you may actually need a payoff quote, which is
why we are reaching out to you directly using the email address we have on
record. If you are still in need of a
payoff quote, please reply to this email and we will process one for you.
While all of the above is lengthy, we
hope this helps clear up why we have been unable to provide a payoff quote
directly to Panacea Lending, LLC when they use the Hipaatizer application. Again, electronic requests submitted that
meet requirements are processed and any request you submit directly is also
processed.
If you have any further questions or
concerns, we can be contacted at 877-327-0161 and would be more than happy to
discuss in more detail.
Thank you,
Propel Financial ServicesInitial Complaint
Date:01/23/2023
Type:Order IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Please accept this complaint with your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen another Licensed Property Tax Lender and entered into an agreement with them authorizing them to receive a payoff my account from Hunter Kelsey/ Propel Financial Services.
The Uniform Electronic Transactions Act § 322.007(a) states that “a record or signature may not be denied legal effect or enforceability solely because it is in electronic form.” And if a law requires a record to be in writing or requires a signature then an electronic signature satisfies the law.
The OCCC has provided it’s on bulleting regarding payoffs b15-1-ptl-borrower reads (see attached)
“A property tax lender may not “lock out” the borrower or prevent the borrower from paying off the loan early.”
Their payoff department (Hunter Kelsey / Propel Financial Services) has refused to accept an electronically signed document because it’s not from Docusign. They further want my new lender to release my personal contact information. I have not given permission for them to share my direct contact info but with my new lender only. Even though my new lender has satisfied the law for payoff requests, Hunter Kelsey / Propel Financial Services whom are one in the same may not refuse my payoff request and make up their own rules and are in direct violation with the law.
This is nothing more than holding me hostage in my loan agreement without the ability to refinance them to another lender of my choice. Every day they do not provide my payoff I’m charged interest, late fees, possible attorney fees and possible additional fees from the county which could prevent me from being approved with the new lender. They are now forcing me to resign with a different electronic signature thus restarting the clock.
Reviewing BBB complaints it’s clear other people have the same issue as me. You do not need to verify with me if the payoff request is what we wanted and CLEAR you are holding my account and others hostage to collect other fees simply because we want to get away.
PLEASE SEE ATTACHED FOR FUTHER COMPLAINTBusiness Response
Date: 01/28/2023
Dear Mr. ****** *******,
We received the following filed
complaint through the Better Business Bureau:
Please accept this complaint with
your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen
another Licensed Property Tax Lender and entered into an agreement with them
authorizing them to receive a payoff my account from Hunter Kelsey/ Propel
Financial Services. The Uniform Electronic Transactions Act § 322.007(a) states
that “a record or signature may not be denied legal effect or enforceability
solely because it is in electronic form.” And if a law requires a record to be
in writing or requires a signature then an electronic signature satisfies the
law. The OCCC has provided it’s on bulleting regarding payoffs
b15-1-ptl-borrower reads (see attached) “A property tax lender may not “lock
out” the borrower or prevent the borrower from paying off the loan early.”
Their payoff department (Hunter Kelsey / Propel Financial Services) has refused
to accept an electronically signed document because it’s not from Docusign.
They further want my new lender to release my personal contact information. I
have not given permission for them to share my direct contact info but with my
new lender only. Even though my new lender has satisfied the law for payoff
requests, Hunter Kelsey / Propel Financial Services whom are one in the same
may not refuse my payoff request and make up their own rules and are in direct
violation with the law. This is nothing more than holding me hostage in my loan
agreement without the ability to refinance them to another lender of my choice.
Every day they do not provide my payoff I’m charged interest, late fees,
possible attorney fees and possible additional fees from the county which could
prevent me from being approved with the new lender. They are now forcing me to
resign with a different electronic signature thus restarting the clock.
Reviewing BBB complaints it’s clear other people have the same issue as me. You
do not need to verify with me if the payoff request is what we wanted and CLEAR
you are holding my account and others hostage to collect other fees simply
because we want to get away. PLEASE SEE ATTACHED FOR FUTHER COMPLAINT
In
reviewing your account with us, we see that Panacea Lending, LLC recently
submitted a payoff request to us. As we have
received the same above complaint verbatim from other recent customers, we
believe either Panacea Lending, LLC has submitted the above complaint on your
behalf directly or has provided you the statement above to submit a complaint
directly. Either way, we’d like to
provide some context that Panacea Lending, LLC has failed to provide to you as
follows:
1. For many years Panacea Lending, LLC has utilized Docusign as a platform for obtaining proper authorization and signed documentation and has submitted payoff requests using that platform. Upon receipt of the proper authorization and documentation, we have provided payoff quotes to Panacea Lending, LLC. We do not intentionally withhold payoff quotes to negatively impact you financially or legally.2. In recent weeks, Panacea Lending, LLC started to use a new platform, Hipaatizer. In reviewing the documentation provided and after consulting with our attorneys, we advised Panacea Lending, LLC that we are unable to accept the Hipaatizer documentation submitted as it does not clearly indicate that it was sent directly to you, the customer, and that you indeed were the one who executed it. As we receive the payoff quote requests using this platform, we have advised Panacea Lending, LLC of the following:
Thank you
for submitting your third-party payoff request. We have a legal and fiduciary
obligation to protect our customer’s and their account information and in
today’s environment, we take that responsibility seriously. Unfortunately, the
combination of the documentation provided does not meet verification
requirements. There could be three reasons for this:
a. If you
submitted an unsigned or incomplete Third Party’s Request for Property Tax Loan
Payoff Statement, we’ll need it corrected.
b. If you submitted a HipaaSign Certificate without listing the customer’s
email address, we’ll need it corrected. We need to be able to clearly identify
that the forms you are remitting were indeed sent to the customer directly and
we can do so by reviewing the email address. Fortunately, we verified with the
Hipaatizer vendor directly that the inclusion of the email address can be done.
c. With a properly completed Third Party Request form and the HipaaSign
Certificate, including the customer’s email address, we should be able to
successfully validate the documents using the “Validate Signature”
functionality provided by Hipaatizer. If for some reason, the validation
process does not reflect positive results, we will let you know.
If you will please correct any of the above items and resubmit your request, we
will process it, accordingly.
3. The Docusign documentation platform is set up to clearly show where a form was sent, i.e. to you the customer, and that you, the customer, executed it. The Hipaatizer documentation provided by Panacea Lending, LLC does not.4. After initial and secondary requests made by Panacea Lending, LLC using the Hipaatizer documentation and Panacea Lending, LLC responding and insisting that we are holding your account “hostage” and are breaking laws, we provided Panacea Lending, LLC, the following:
We
respectfully disagree with you. We do not plan on “holding our customers
hostage and breaking any rule advised by the OCCC.” nor are we breaking the
law. On the contrary, we always strive to abide by any rule or guidance from
the OCCC. Additionally, our goal is to provide the utmost customer service to
our borrowers. It is because of this that we cannot provide the payoff
statements at this time.
Please
note, we have provided many payoff statements to you prior to this issue. We
have accepted many electronic payoff requests from you in the past, when you provided
the proper documentation using the Docusign platform. It is only these cases
where you are using the Hipaatizer application, where there is an issue.
Specifically, the esigned payoff request does not satisfy 12 CFR
§609.910(f):
Each
system institution must verify the legitimacy of an E-commerce
communication, transaction, or access request. Document integrity ensures that
the same document is provided to all parties. Signature authentication proves
the identities of all parties.
We
apologize for the inconvenience this may have caused, but please understand, we
have a duty to keep our customer’s information confidential. If you can provide
proper documentation to show compliance with the above, or even have the
customers send the esigned payoff request to us directly, we would be more than
happy to comply. Unfortunately, with what has been provided, we are unable to
determine if this was even emailed or reviewed by our customer.
If
not, we welcome the opportunity for the OCCC to opine on this issue and feel
more than confident our request for proper documentation is reasonable.
5. More recently, in the event we continue to receive payoff quote requests from Panacea Lending, LLC that do not meet requirements, we have now pivoted to emailing each customer directly at the email address we have on record. The following is what we provide the customer:We recently received a third-party payoff quote request from Panacea
Lending, LLC. We advised Panacea
Lending, LLC that the documentation they originally submitted does not meet
verification requirements. We requested
additional documentation from Panacea Lending, LLC with little to no new
results. We have a legal and fiduciary
obligation to protect your information and your account information and in
today’s environment, we take that responsibility seriously.
We would like to provide more context on why we requested further
documentation:
a. We do not believe the payoff request documentation satisfies 12 CFR §609.910(f), which states, “Each System institution must verify the legitimacy of an E-commerce communication, transaction, or access request. Document integrity ensures that the same document is provided to all parties. Signature authentication proves the identities of all parties.”
b. In reviewing the documentation provided, it is not clear that the Third Party’s Request for Property Tax Loan Payoff Statement form submitted was first sent to you and/or then signed by you.
We always strive to abide by any rule or guidance from the Office
of Consumer Credit Commissioner (“OCCC”) and any laws that govern our
business. Additionally, our goal is to
provide the utmost customer service to our borrowers. We apologize for the inconvenience this may
have caused, but please understand, we have a duty to keep your information
confidential.
We recognize that you may actually need a payoff quote, which is
why we are reaching out to you directly using the email address we have on
record. If you are still in need of a
payoff quote, please reply to this email and we will process one for you.
While all of the above is lengthy, we
hope this helps clear up why we have been unable to provide a payoff quote
directly to Panacea Lending, LLC when they use the Hipaatizer application. Again, electronic requests submitted that
meet requirements are processed and any request you submit directly is also
processed.
If you have any further questions or
concerns, we can be contacted at 877-327-0161 and would be more than happy to
discuss in more detail.
Thank you,
Propel Financial ServicesInitial Complaint
Date:01/23/2023
Type:Order IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Please accept this complaint with your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen another Licensed Property Tax Lender and entered into an agreement with them authorizing them to receive a payoff my account from Hunter Kelsey/ Propel Financial Services.
The Uniform Electronic Transactions Act § 322.007(a) states that “a record or signature may not be denied legal effect or enforceability solely because it is in electronic form.” And if a law requires a record to be in writing or requires a signature then an electronic signature satisfies the law.
The OCCC has provided it’s on bulleting regarding payoffs b15-1-ptl-borrower reads (see attached)
“A property tax lender may not “lock out” the borrower or prevent the borrower from paying off the loan early.”
Their payoff department (Hunter Kelsey / Propel Financial Services) has refused to accept an electronically signed document because it’s not from Docusign. Hunter Kelsey / Propel Financial Services whom are one in the same may not refuse my payoff request and make up their own rules and are in direct violation with the law.
This is nothing more than holding me hostage in my loan agreement without the ability to refinance them to another lender of my choice. Every day they do not provide my payoff I’m charged interest, late fees, possible attorney fees and possible additional fees from the county which could prevent me from being approved with the new lender. They are now forcing me to resign with a different electronic signature thus restarting the clock.
Reviewing BBB complaints it’s clear other people have the same issue as me. You do not need to verify if the payoff request is what we wanted and CLEAR you are holding my account and others hostage to collect other fees simply because we want to get away.
PLEASE SEE ATTACHED COMPLAINT FOR MORE DETAILSBusiness Response
Date: 01/28/2023
Dear Mr. ***** ******,
We received the following filed
complaint through the Better Business Bureau:
Please accept this complaint with
your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen
another Licensed Property Tax Lender and entered into an agreement with them
authorizing them to receive a payoff my account from Hunter Kelsey/ Propel
Financial Services. The Uniform Electronic Transactions Act § 322.007(a) states
that “a record or signature may not be denied legal effect or enforceability
solely because it is in electronic form.” And if a law requires a record to be
in writing or requires a signature then an electronic signature satisfies the
law. The OCCC has provided it’s on bulleting regarding payoffs
b15-1-ptl-borrower reads (see attached) “A property tax lender may not “lock
out” the borrower or prevent the borrower from paying off the loan early.”
Their payoff department (Hunter Kelsey / Propel Financial Services) has refused
to accept an electronically signed document because it’s not from Docusign.
Hunter Kelsey / Propel Financial Services whom are one in the same may not refuse
my payoff request and make up their own rules and are in direct violation with
the law. This is nothing more than holding me hostage in my loan agreement
without the ability to refinance them to another lender of my choice. Every day
they do not provide my payoff I’m charged interest, late fees, possible
attorney fees and possible additional fees from the county which could prevent
me from being approved with the new lender. They are now forcing me to resign
with a different electronic signature thus restarting the clock. Reviewing BBB
complaints it’s clear other people have the same issue as me. You do not need
to verify if the payoff request is what we wanted and CLEAR you are holding my
account and others hostage to collect other fees simply because we want to get
away. PLEASE SEE ATTACHED COMPLAINT FOR MORE DETAILS
In
reviewing your account with us, we see that Panacea Lending, LLC recently
submitted a payoff request to us. As we have
received the same above complaint verbatim from other recent customers, we
believe either Panacea Lending, LLC has submitted the above complaint on your
behalf directly or has provided you the statement above to submit a complaint
directly. Either way, we’d like to
provide some context that Panacea Lending, LLC has failed to provide to you as
follows:
1. For many years Panacea Lending, LLC has utilized Docusign as a platform for obtaining proper authorization and signed documentation and has submitted payoff requests using that platform. Upon receipt of the proper authorization and documentation, we have provided payoff quotes to Panacea Lending, LLC. We do not intentionally withhold payoff quotes to negatively impact you financially or legally.2. In recent weeks, Panacea Lending, LLC started to use a new platform, Hipaatizer. In reviewing the documentation provided and after consulting with our attorneys, we advised Panacea Lending, LLC that we are unable to accept the Hipaatizer documentation submitted as it does not clearly indicate that it was sent directly to you, the customer, and that you indeed were the one who executed it. As we receive the payoff quote requests using this platform, we have advised Panacea Lending, LLC of the following:
Thank you
for submitting your third-party payoff request. We have a legal and fiduciary
obligation to protect our customer’s and their account information and in
today’s environment, we take that responsibility seriously. Unfortunately, the
combination of the documentation provided does not meet verification
requirements. There could be three reasons for this:
a. If you
submitted an unsigned or incomplete Third Party’s Request for Property Tax Loan
Payoff Statement, we’ll need it corrected.
b. If you submitted a HipaaSign Certificate without listing the customer’s
email address, we’ll need it corrected. We need to be able to clearly identify
that the forms you are remitting were indeed sent to the customer directly and
we can do so by reviewing the email address. Fortunately, we verified with the
Hipaatizer vendor directly that the inclusion of the email address can be done.
c. With a properly completed Third Party Request form and the HipaaSign
Certificate, including the customer’s email address, we should be able to
successfully validate the documents using the “Validate Signature”
functionality provided by Hipaatizer. If for some reason, the validation
process does not reflect positive results, we will let you know.
If you will please correct any of the above items and resubmit your request, we
will process it, accordingly.
3. The Docusign documentation platform is set up to clearly show where a form was sent, i.e. to you the customer, and that you, the customer, executed it. The Hipaatizer documentation provided by Panacea Lending, LLC does not.4. After initial and secondary requests made by Panacea Lending, LLC using the Hipaatizer documentation and Panacea Lending, LLC responding and insisting that we are holding your account “hostage” and are breaking laws, we provided Panacea Lending, LLC, the following:
We
respectfully disagree with you. We do not plan on “holding our customers
hostage and breaking any rule advised by the OCCC.” nor are we breaking the
law. On the contrary, we always strive to abide by any rule or guidance from
the OCCC. Additionally, our goal is to provide the utmost customer service to
our borrowers. It is because of this that we cannot provide the payoff
statements at this time.
Please
note, we have provided many payoff statements to you prior to this issue. We
have accepted many electronic payoff requests from you in the past, when you provided
the proper documentation using the Docusign platform. It is only these cases
where you are using the Hipaatizer application, where there is an issue.
Specifically, the esigned payoff request does not satisfy 12 CFR
§609.910(f):
Each
system institution must verify the legitimacy of an E-commerce
communication, transaction, or access request. Document integrity ensures that
the same document is provided to all parties. Signature authentication proves
the identities of all parties.
We
apologize for the inconvenience this may have caused, but please understand, we
have a duty to keep our customer’s information confidential. If you can provide
proper documentation to show compliance with the above, or even have the
customers send the esigned payoff request to us directly, we would be more than
happy to comply. Unfortunately, with what has been provided, we are unable to
determine if this was even emailed or reviewed by our customer.
If
not, we welcome the opportunity for the OCCC to opine on this issue and feel
more than confident our request for proper documentation is reasonable.
5. More recently, in the event we continue to receive payoff quote requests from Panacea Lending, LLC that do not meet requirements, we have now pivoted to emailing each customer directly at the email address we have on record. The following is what we provide the customer:We recently received a third-party payoff quote request from Panacea
Lending, LLC. We advised Panacea
Lending, LLC that the documentation they originally submitted does not meet
verification requirements. We requested
additional documentation from Panacea Lending, LLC with little to no new
results. We have a legal and fiduciary
obligation to protect your information and your account information and in
today’s environment, we take that responsibility seriously.
We would like to provide more context on why we requested further
documentation:
a. We do not believe the payoff request documentation satisfies 12 CFR §609.910(f), which states, “Each System institution must verify the legitimacy of an E-commerce communication, transaction, or access request. Document integrity ensures that the same document is provided to all parties. Signature authentication proves the identities of all parties.”
b. In reviewing the documentation provided, it is not clear that the Third Party’s Request for Property Tax Loan Payoff Statement form submitted was first sent to you and/or then signed by you.
We always strive to abide by any rule or guidance from the Office
of Consumer Credit Commissioner (“OCCC”) and any laws that govern our
business. Additionally, our goal is to
provide the utmost customer service to our borrowers. We apologize for the inconvenience this may
have caused, but please understand, we have a duty to keep your information
confidential.
We recognize that you may actually need a payoff quote, which is
why we are reaching out to you directly using the email address we have on
record. If you are still in need of a
payoff quote, please reply to this email and we will process one for you.
While all of the above is lengthy, we
hope this helps clear up why we have been unable to provide a payoff quote
directly to Panacea Lending, LLC when they use the Hipaatizer application. Again, electronic requests submitted that
meet requirements are processed and any request you submit directly is also
processed.
If you have any further questions or
concerns, we can be contacted at 877-689-2117 and would be more than happy to
discuss in more detail.
Thank you,
Propel Financial ServicesInitial Complaint
Date:01/23/2023
Type:Order IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Please accept this complaint with your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen another Licensed Property Tax Lender and entered into an agreement with them authorizing them to receive a payoff my account from Hunter Kelsey/ Propel Financial Services.
The Uniform Electronic Transactions Act § 322.007(a) states that “a record or signature may not be denied legal effect or enforceability solely because it is in electronic form.” And if a law requires a record to be in writing or requires a signature then an electronic signature satisfies the law.
The OCCC has provided it’s on bulleting regarding payoffs b15-1-ptl-borrower reads (see attached)
“A property tax lender may not “lock out” the borrower or prevent the borrower from paying off the loan early.”
Their payoff department (Hunter Kelsey / Propel Financial Services) has refused to accept an electronically signed document because it’s not from Docusign. Hunter Kelsey / Propel Financial Services whom are one in the same may not refuse my payoff request and make up their own rules and are in direct violation with the law.
This is nothing more than holding me hostage in my loan agreement without the ability to refinance them to another lender of my choice. Every day they do not provide my payoff I’m charged interest, late fees, possible attorney fees and possible additional fees from the county which could prevent me from being approved with the new lender.
Reviewing BBB complaints it’s clear other people have the same issue as me. You do not need to verify if the payoff request is what we wanted and CLEAR you are holding my account and others hostage to collect other fees simply because we want to get away.
What I want for me and others whom face the same problem with them.
1. Release my payoff now.
PLEASE SEE ATTCHED COMPLAINT FURTHER EXPLAINEDBusiness Response
Date: 01/28/2023
Dear Ms. ***** ******,
We received the following filed
complaint through the Better Business Bureau:
Please accept this complaint with
your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen
another Licensed Property Tax Lender and entered into an agreement with them
authorizing them to receive a payoff my account from Hunter Kelsey/ Propel
Financial Services. The Uniform Electronic Transactions Act § 322.007(a) states
that “a record or signature may not be denied legal effect or enforceability
solely because it is in electronic form.” And if a law requires a record to be
in writing or requires a signature then an electronic signature satisfies the
law. The OCCC has provided it’s on bulleting regarding payoffs
b15-1-ptl-borrower reads (see attached) “A property tax lender may not “lock
out” the borrower or prevent the borrower from paying off the loan early.”
Their payoff department (Hunter Kelsey / Propel Financial Services) has refused
to accept an electronically signed document because it’s not from Docusign.
Hunter Kelsey / Propel Financial Services whom are one in the same may not refuse
my payoff request and make up their own rules and are in direct violation with
the law. This is nothing more than holding me hostage in my loan agreement
without the ability to refinance them to another lender of my choice. Every day
they do not provide my payoff I’m charged interest, late fees, possible
attorney fees and possible additional fees from the county which could prevent
me from being approved with the new lender. Reviewing BBB complaints it’s clear
other people have the same issue as me. You do not need to verify if the payoff
request is what we wanted and CLEAR you are holding my account and others
hostage to collect other fees simply because we want to get away. What I want
for me and others whom face the same problem with them. 1.Release my payoff
now. PLEASE SEE ATTCHED COMPLAINT FURTHER EXPLAINED
In
reviewing your account with us, we see that Panacea Lending, LLC recently
submitted a payoff request to us. As we have
received the same above complaint verbatim from other recent customers, we
believe either Panacea Lending, LLC has submitted the above complaint on your
behalf directly or has provided you the statement above to submit a complaint
directly. Either way, we’d like to
provide some context that Panacea Lending, LLC has failed to provide to you as
follows:
1. For many years Panacea Lending, LLC has utilized Docusign as a platform for obtaining proper authorization and signed documentation and has submitted payoff requests using that platform. Upon receipt of the proper authorization and documentation, we have provided payoff quotes to Panacea Lending, LLC. We do not intentionally withhold payoff quotes to negatively impact you financially or legally.2. In recent weeks, Panacea Lending, LLC started to use a new platform, Hipaatizer. In reviewing the documentation provided and after consulting with our attorneys, we advised Panacea Lending, LLC that we are unable to accept the Hipaatizer documentation submitted as it does not clearly indicate that it was sent directly to you, the customer, and that you indeed were the one who executed it. As we receive the payoff quote requests using this platform, we have advised Panacea Lending, LLC of the following:
Thank you
for submitting your third-party payoff request. We have a legal and fiduciary
obligation to protect our customer’s and their account information and in
today’s environment, we take that responsibility seriously. Unfortunately, the
combination of the documentation provided does not meet verification
requirements. There could be three reasons for this:
a. If you
submitted an unsigned or incomplete Third Party’s Request for Property Tax Loan
Payoff Statement, we’ll need it corrected.
b. If you submitted a HipaaSign Certificate without listing the customer’s
email address, we’ll need it corrected. We need to be able to clearly identify
that the forms you are remitting were indeed sent to the customer directly and
we can do so by reviewing the email address. Fortunately, we verified with the
Hipaatizer vendor directly that the inclusion of the email address can be done.
c. With a properly completed Third Party Request form and the HipaaSign
Certificate, including the customer’s email address, we should be able to
successfully validate the documents using the “Validate Signature”
functionality provided by Hipaatizer. If for some reason, the validation
process does not reflect positive results, we will let you know.
If you will please correct any of the above items and resubmit your request, we
will process it, accordingly.
3. The Docusign documentation platform is set up to clearly show where a form was sent, i.e. to you the customer, and that you, the customer, executed it. The Hipaatizer documentation provided by Panacea Lending, LLC does not.4. After initial and secondary requests made by Panacea Lending, LLC using the Hipaatizer documentation and Panacea Lending, LLC responding and insisting that we are holding your account “hostage” and are breaking laws, we provided Panacea Lending, LLC, the following:
We
respectfully disagree with you. We do not plan on “holding our customers
hostage and breaking any rule advised by the OCCC.” nor are we breaking the
law. On the contrary, we always strive to abide by any rule or guidance from
the OCCC. Additionally, our goal is to provide the utmost customer service to
our borrowers. It is because of this that we cannot provide the payoff
statements at this time.
Please
note, we have provided many payoff statements to you prior to this issue. We
have accepted many electronic payoff requests from you in the past, when you provided
the proper documentation using the Docusign platform. It is only these cases
where you are using the Hipaatizer application, where there is an issue.
Specifically, the esigned payoff request does not satisfy 12 CFR
§609.910(f):
Each
system institution must verify the legitimacy of an E-commerce
communication, transaction, or access request. Document integrity ensures that
the same document is provided to all parties. Signature authentication proves
the identities of all parties.
We
apologize for the inconvenience this may have caused, but please understand, we
have a duty to keep our customer’s information confidential. If you can provide
proper documentation to show compliance with the above, or even have the
customers send the esigned payoff request to us directly, we would be more than
happy to comply. Unfortunately, with what has been provided, we are unable to
determine if this was even emailed or reviewed by our customer.
If
not, we welcome the opportunity for the OCCC to opine on this issue and feel
more than confident our request for proper documentation is reasonable.
5. More recently, in the event we continue to receive payoff quote requests from Panacea Lending, LLC that do not meet requirements, we have now pivoted to emailing each customer directly at the email address we have on record. The following is what we provide the customer:We recently received a third-party payoff quote request from Panacea
Lending, LLC. We advised Panacea
Lending, LLC that the documentation they originally submitted does not meet
verification requirements. We requested
additional documentation from Panacea Lending, LLC with little to no new
results. We have a legal and fiduciary
obligation to protect your information and your account information and in
today’s environment, we take that responsibility seriously.
We would like to provide more context on why we requested further
documentation:
a. We do not believe the payoff request documentation satisfies 12 CFR §609.910(f), which states, “Each System institution must verify the legitimacy of an E-commerce communication, transaction, or access request. Document integrity ensures that the same document is provided to all parties. Signature authentication proves the identities of all parties.”
b. In reviewing the documentation provided, it is not clear that the Third Party’s Request for Property Tax Loan Payoff Statement form submitted was first sent to you and/or then signed by you.
We always strive to abide by any rule or guidance from the Office
of Consumer Credit Commissioner (“OCCC”) and any laws that govern our
business. Additionally, our goal is to
provide the utmost customer service to our borrowers. We apologize for the inconvenience this may
have caused, but please understand, we have a duty to keep your information
confidential.
We recognize that you may actually need a payoff quote, which is
why we are reaching out to you directly using the email address we have on
record. If you are still in need of a
payoff quote, please reply to this email and we will process one for you.
While all of the above is lengthy, we
hope this helps clear up why we have been unable to provide a payoff quote
directly to Panacea Lending, LLC when they use the Hipaatizer application. Again, electronic requests submitted that
meet requirements are processed and any request you submit directly is also
processed.
If you have any further questions or
concerns, we can be contacted at 877-327-0161 and would be more than happy to
discuss in more detail.
Thank you,
Propel Financial ServicesInitial Complaint
Date:01/18/2023
Type:Order IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Please accept this complaint with your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen another Licensed Property Tax Lender and entered into an agreement with them authorizing them to receive a payoff my account from Hunter Kelsey/ Propel Financial Services.
The Uniform Electronic Transactions Act § 322.007(a) states that “a record or signature may not be denied legal effect or enforceability solely because it is in electronic form.” And if a law requires a record to be in writing or requires a signature then an electronic signature satisfies the law.
Their payoff department (Hunter Kelsey / Propel Financial Services) has refused to accept an electronically signed document because it’s not from Docusign. Hunter Kelsey / Propel Financial Services whom are one in the same may not refuse my payoff request. This is nothing more than holding me hostage in my loan agreement without the ability to refinance them to another lender of my choice. Every day they do not provide my payoff I’m charged interest, late fees, possible attorney fees and possible additional fees from the county which prevent me from being approved with the new lender.
Reviewing BBB complaints it’s clear other people have the same issue as me. You do not need to verify if the payoff request is what we wanted and CLEAR you are holding my account and others hostage to collect other fees simply because we want to get away.
What I want for me and others whom face the same problem with them.
1. Release my payoff now.
2. Do not contact me ever again.
3. Remove me from ALL marketing (including phone, texting, emails, and regular mail) inform this office they have removed me from all marketing.
4. Credit/refund for holding my payoff hostage back to the original request date showing your office how much they credited with proof of checks paid by certified mail.
5. Force them to release payoffs when available internally or externally as requested.
SEE ATTACHED DOCS COMPLAINTBusiness Response
Date: 01/28/2023
Dear ***** *****,
We received the following filed
complaint through the Better Business Bureau:
Please accept this complaint with
your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen
another Licensed Property Tax Lender and entered into an agreement with them
authorizing them to receive a payoff my account from Hunter Kelsey/ Propel
Financial Services. The Uniform Electronic Transactions Act § 322.007(a) states
that “a record or signature may not be denied legal effect or enforceability
solely because it is in electronic form.” And if a law requires a record to be
in writing or requires a signature then an electronic signature satisfies the
law. Their payoff department (Hunter Kelsey / Propel Financial Services) has
refused to accept an electronically signed document because it’s not from
Docusign. Hunter Kelsey / Propel Financial Services whom are one in the same
may not refuse my payoff request. This is nothing more than holding me hostage
in my loan agreement without the ability to refinance them to another lender of
my choice. Every day they do not provide my payoff I’m charged interest, late
fees, possible attorney fees and possible additional fees from the county which
prevent me from being approved with the new lender. Reviewing BBB complaints
it’s clear other people have the same issue as me. You do not need to verify if
the payoff request is what we wanted and CLEAR you are holding my account and
others hostage to collect other fees simply because we want to get away. What I
want for me and others whom face the same problem with them. 1.Release my
payoff now. 2.Do not contact me ever again. 3.Remove me from ALL marketing
(including phone, texting, emails, and regular mail) inform this office they
have removed me from all marketing. 4.Credit/refund for holding my payoff
hostage back to the original request date showing your office how much they
credited with proof of checks paid by certified mail. 5.Force them to release
payoffs when available internally or externally as requested. SEE ATTACHED DOCS
COMPLAINT
In
reviewing your account with us, we see that Panacea Lending, LLC recently
submitted a payoff request to us. As we have
received the same above complaint verbatim from other recent customers, we
believe either Panacea Lending, LLC has submitted the above complaint on your
behalf directly or has provided you the statement above to submit a complaint
directly. Either way, we’d like to
provide some context that Panacea Lending, LLC has failed to provide to you as
follows:
1. For many years Panacea Lending, LLC has utilized Docusign as a platform for obtaining proper authorization and signed documentation and has submitted payoff requests using that platform. Upon receipt of the proper authorization and documentation, we have provided payoff quotes to Panacea Lending, LLC. We do not intentionally withhold payoff quotes to negatively impact you financially or legally.2. In recent weeks, Panacea Lending, LLC started to use a new platform, Hipaatizer. In reviewing the documentation provided and after consulting with our attorneys, we advised Panacea Lending, LLC that we are unable to accept the Hipaatizer documentation submitted as it does not clearly indicate that it was sent directly to you, the customer, and that you indeed were the one who executed it. As we receive the payoff quote requests using this platform, we have advised Panacea Lending, LLC of the following:
Thank you
for submitting your third-party payoff request. We have a legal and fiduciary
obligation to protect our customer’s and their account information and in
today’s environment, we take that responsibility seriously. Unfortunately, the
combination of the documentation provided does not meet verification
requirements. There could be three reasons for this:
a. If you
submitted an unsigned or incomplete Third Party’s Request for Property Tax Loan
Payoff Statement, we’ll need it corrected.
b. If you submitted a HipaaSign Certificate without listing the customer’s
email address, we’ll need it corrected. We need to be able to clearly identify
that the forms you are remitting were indeed sent to the customer directly and
we can do so by reviewing the email address. Fortunately, we verified with the
Hipaatizer vendor directly that the inclusion of the email address can be done.
c. With a properly completed Third Party Request form and the HipaaSign
Certificate, including the customer’s email address, we should be able to
successfully validate the documents using the “Validate Signature”
functionality provided by Hipaatizer. If for some reason, the validation
process does not reflect positive results, we will let you know.
If you will please correct any of the above items and resubmit your request, we
will process it, accordingly.
3. The Docusign documentation platform is set up to clearly show where a form was sent, i.e. to you the customer, and that you, the customer, executed it. The Hipaatizer documentation provided by Panacea Lending, LLC does not.4. After initial and secondary requests made by Panacea Lending, LLC using the Hipaatizer documentation and Panacea Lending, LLC responding and insisting that we are holding your account “hostage” and are breaking laws, we provided Panacea Lending, LLC, the following:
We
respectfully disagree with you. We do not plan on “holding our customers
hostage and breaking any rule advised by the OCCC.” nor are we breaking the
law. On the contrary, we always strive to abide by any rule or guidance from
the OCCC. Additionally, our goal is to provide the utmost customer service to
our borrowers. It is because of this that we cannot provide the payoff
statements at this time.
Please
note, we have provided many payoff statements to you prior to this issue. We
have accepted many electronic payoff requests from you in the past, when you provided
the proper documentation using the Docusign platform. It is only these cases
where you are using the Hipaatizer application, where there is an issue.
Specifically, the esigned payoff request does not satisfy 12 CFR
§609.910(f):
Each
system institution must verify the legitimacy of an E-commerce
communication, transaction, or access request. Document integrity ensures that
the same document is provided to all parties. Signature authentication proves
the identities of all parties.
We
apologize for the inconvenience this may have caused, but please understand, we
have a duty to keep our customer’s information confidential. If you can provide
proper documentation to show compliance with the above, or even have the
customers send the esigned payoff request to us directly, we would be more than
happy to comply. Unfortunately, with what has been provided, we are unable to
determine if this was even emailed or reviewed by our customer.
If
not, we welcome the opportunity for the OCCC to opine on this issue and feel
more than confident our request for proper documentation is reasonable.
5. More recently, in the event we continue to receive payoff quote requests from Panacea Lending, LLC that do not meet requirements, we have now pivoted to emailing each customer directly at the email address we have on record. The following is what we provide the customer:We recently received a third-party payoff quote request from Panacea
Lending, LLC. We advised Panacea
Lending, LLC that the documentation they originally submitted does not meet
verification requirements. We requested
additional documentation from Panacea Lending, LLC with little to no new
results. We have a legal and fiduciary
obligation to protect your information and your account information and in
today’s environment, we take that responsibility seriously.
We would like to provide more context on why we requested further
documentation:
a. We do not believe the payoff request documentation satisfies 12 CFR §609.910(f), which states, “Each System institution must verify the legitimacy of an E-commerce communication, transaction, or access request. Document integrity ensures that the same document is provided to all parties. Signature authentication proves the identities of all parties.”
b. In reviewing the documentation provided, it is not clear that the Third Party’s Request for Property Tax Loan Payoff Statement form submitted was first sent to you and/or then signed by you.
We always strive to abide by any rule or guidance from the Office
of Consumer Credit Commissioner (“OCCC”) and any laws that govern our
business. Additionally, our goal is to
provide the utmost customer service to our borrowers. We apologize for the inconvenience this may
have caused, but please understand, we have a duty to keep your information
confidential.
We recognize that you may actually need a payoff quote, which is
why we are reaching out to you directly using the email address we have on
record. If you are still in need of a
payoff quote, please reply to this email and we will process one for you.
While all of the above is lengthy, we
hope this helps clear up why we have been unable to provide a payoff quote
directly to Panacea Lending, LLC when they use the Hipaatizer application. Again, electronic requests submitted that
meet requirements are processed and any request you submit directly is also
processed.
If you have any further questions or
concerns, we can be contacted at 877-327-0161 and would be more than happy to
discuss in more detail.
Thank you,
Propel Financial ServicesInitial Complaint
Date:01/18/2023
Type:Order IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Please accept this complaint with your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen another Licensed Property Tax Lender and entered into an agreement with them authorizing them to receive a payoff my account from Hunter Kelsey/ Propel Financial Services.
The Uniform Electronic Transactions Act § 322.007(a) states that “a record or signature may not be denied legal effect or enforceability solely because it is in electronic form.” And if a law requires a record to be in writing or requires a signature then an electronic signature satisfies the law.
Their payoff department (Hunter Kelsey / Propel Financial Services) has refused to accept an electronically signed document because it’s not from Docusign. Hunter Kelsey / Propel Financial Services whom are one in the same may not refuse my payoff request. This is nothing more than holding me hostage in my loan agreement without the ability to refinance them to another lender of my choice. Every day they do not provide my payoff I’m charged interest, late fees, possible attorney fees and possible additional fees from the county which prevent me from being approved with the new lender.
Reviewing BBB complaints it’s clear other people have the same issue as me. You do not need to verify if the payoff request is what we wanted and CLEAR you are holding my account and others hostage to collect other fees simply because we want to get away.
What I want for me and others whom face the same problem with them.
1. Release my payoff now.
2. Do not contact me ever again.
3. Remove me from ALL marketing (including phone, texting, emails, and regular mail) inform this office they have removed me from all marketing.
4. Credit/refund for holding my payoff hostage back to the original request date showing your office how much they credited with proof of checks paid by certified mail.
please see attached for rest of complaintBusiness Response
Date: 01/28/2023
Dear Mr. ******* ******,
We received the following filed
complaint through the Better Business Bureau:
Please accept this complaint with
your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen
another Licensed Property Tax Lender and entered into an agreement with them
authorizing them to receive a payoff my account from Hunter Kelsey/ Propel
Financial Services. The Uniform Electronic Transactions Act § 322.007(a) states
that “a record or signature may not be denied legal effect or enforceability
solely because it is in electronic form.” And if a law requires a record to be
in writing or requires a signature then an electronic signature satisfies the
law. Their payoff department (Hunter Kelsey / Propel Financial Services) has
refused to accept an electronically signed document because it’s not from
Docusign. Hunter Kelsey / Propel Financial Services whom are one in the same
may not refuse my payoff request. This is nothing more than holding me hostage
in my loan agreement without the ability to refinance them to another lender of
my choice. Every day they do not provide my payoff I’m charged interest, late
fees, possible attorney fees and possible additional fees from the county which
prevent me from being approved with the new lender. Reviewing BBB complaints
it’s clear other people have the same issue as me. You do not need to verify if
the payoff request is what we wanted and CLEAR you are holding my account and
others hostage to collect other fees simply because we want to get away. What I
want for me and others whom face the same problem with them. 1.Release my
payoff now. 2.Do not contact me ever again. 3.Remove me from ALL marketing
(including phone, texting, emails, and regular mail) inform this office they
have removed me from all marketing. 4.Credit/refund for holding my payoff
hostage back to the original request date showing your office how much they
credited with proof of checks paid by certified mail. please see attached for
rest of complaint
In
reviewing your account with us, we see that Panacea Lending, LLC recently
submitted a payoff request to us. As we have
received the same above complaint verbatim from other recent customers, we
believe either Panacea Lending, LLC has submitted the above complaint on your
behalf directly or has provided you the statement above to submit a complaint
directly. Either way, we’d like to
provide some context that Panacea Lending, LLC has failed to provide to you as
follows:
1. For many years Panacea Lending, LLC has utilized Docusign as a platform for obtaining proper authorization and signed documentation and has submitted payoff requests using that platform. Upon receipt of the proper authorization and documentation, we have provided payoff quotes to Panacea Lending, LLC. We do not intentionally withhold payoff quotes to negatively impact you financially or legally.
2. In recent weeks, Panacea Lending, LLC started to use a new platform, Hipaatizer. In reviewing the documentation provided and after consulting with our attorneys, we advised Panacea Lending, LLC that we are unable to accept the Hipaatizer documentation submitted as it does not clearly indicate that it was sent directly to you, the customer, and that you indeed were the one who executed it. As we receive the payoff quote requests using this platform, we have advised Panacea Lending, LLC of the following:
Thank you
for submitting your third-party payoff request. We have a legal and fiduciary
obligation to protect our customer’s and their account information and in
today’s environment, we take that responsibility seriously. Unfortunately, the
combination of the documentation provided does not meet verification
requirements. There could be three reasons for this:
a. If you
submitted an unsigned or incomplete Third Party’s Request for Property Tax Loan
Payoff Statement, we’ll need it corrected.
b. If you submitted a HipaaSign Certificate without listing the customer’s
email address, we’ll need it corrected. We need to be able to clearly identify
that the forms you are remitting were indeed sent to the customer directly and
we can do so by reviewing the email address. Fortunately, we verified with the
Hipaatizer vendor directly that the inclusion of the email address can be done.
c. With a properly completed Third Party Request form and the HipaaSign
Certificate, including the customer’s email address, we should be able to
successfully validate the documents using the “Validate Signature”
functionality provided by Hipaatizer. If for some reason, the validation
process does not reflect positive results, we will let you know.
If you will please correct any of the above items and resubmit your request, we
will process it, accordingly.
3. The Docusign documentation platform is set up to clearly show where a form was sent, i.e. to you the customer, and that you, the customer, executed it. The Hipaatizer documentation provided by Panacea Lending, LLC does not.4. After initial and secondary requests made by Panacea Lending, LLC using the Hipaatizer documentation and Panacea Lending, LLC responding and insisting that we are holding your account “hostage” and are breaking laws, we provided Panacea Lending, LLC, the following:
We
respectfully disagree with you. We do not plan on “holding our customers
hostage and breaking any rule advised by the OCCC.” nor are we breaking the
law. On the contrary, we always strive to abide by any rule or guidance from
the OCCC. Additionally, our goal is to provide the utmost customer service to
our borrowers. It is because of this that we cannot provide the payoff
statements at this time.
Please
note, we have provided many payoff statements to you prior to this issue. We
have accepted many electronic payoff requests from you in the past, when you provided
the proper documentation using the Docusign platform. It is only these cases
where you are using the Hipaatizer application, where there is an issue.
Specifically, the esigned payoff request does not satisfy 12 CFR
§609.910(f):
Each
system institution must verify the legitimacy of an E-commerce
communication, transaction, or access request. Document integrity ensures that
the same document is provided to all parties. Signature authentication proves
the identities of all parties.
We
apologize for the inconvenience this may have caused, but please understand, we
have a duty to keep our customer’s information confidential. If you can provide
proper documentation to show compliance with the above, or even have the
customers send the esigned payoff request to us directly, we would be more than
happy to comply. Unfortunately, with what has been provided, we are unable to
determine if this was even emailed or reviewed by our customer.
If
not, we welcome the opportunity for the OCCC to opine on this issue and feel
more than confident our request for proper documentation is reasonable.
5. More recently, in the event we continue to receive payoff quote requests from Panacea Lending, LLC that do not meet requirements, we have now pivoted to emailing each customer directly at the email address we have on record. The following is what we provide the customer:We recently received a third-party payoff quote request from Panacea
Lending, LLC. We advised Panacea
Lending, LLC that the documentation they originally submitted does not meet
verification requirements. We requested
additional documentation from Panacea Lending, LLC with little to no new
results. We have a legal and fiduciary
obligation to protect your information and your account information and in
today’s environment, we take that responsibility seriously.
We would like to provide more context on why we requested further
documentation:
a. We do not believe the payoff request documentation satisfies 12 CFR §609.910(f), which states, “Each System institution must verify the legitimacy of an E-commerce communication, transaction, or access request. Document integrity ensures that the same document is provided to all parties. Signature authentication proves the identities of all parties.”
b. In reviewing the documentation provided, it is not clear that the Third Party’s Request for Property Tax Loan Payoff Statement form submitted was first sent to you and/or then signed by you.
We always strive to abide by any rule or guidance from the Office
of Consumer Credit Commissioner (“OCCC”) and any laws that govern our
business. Additionally, our goal is to
provide the utmost customer service to our borrowers. We apologize for the inconvenience this may
have caused, but please understand, we have a duty to keep your information
confidential.
We recognize that you may actually need a payoff quote, which is
why we are reaching out to you directly using the email address we have on
record. If you are still in need of a
payoff quote, please reply to this email and we will process one for you.
While all of the above is lengthy, we
hope this helps clear up why we have been unable to provide a payoff quote
directly to Panacea Lending, LLC when they use the Hipaatizer application. Again, electronic requests submitted that
meet requirements are processed and any request you submit directly is also
processed.
If you have any further questions or
concerns, we can be contacted at 877-327-0161 and would be more than happy to
discuss in more detail.
Thank you,
Propel Financial ServicesInitial Complaint
Date:01/18/2023
Type:Order IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Please accept this complaint with your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen another Licensed Property Tax Lender and entered into an agreement with them authorizing them to receive a payoff my account from Hunter Kelsey/ Propel Financial Services.
The Uniform Electronic Transactions Act § 322.007(a) states that “a record or signature may not be denied legal effect or enforceability solely because it is in electronic form.” And if a law requires a record to be in writing or requires a signature then an electronic signature satisfies the law.
Their payoff department (Hunter Kelsey / Propel Financial Services) has refused to accept an electronically signed document because it’s not from Docusign. Hunter Kelsey / Propel Financial Services whom are one in the same may not refuse my payoff request. This is nothing more than holding me hostage in my loan agreement without the ability to refinance them to another lender of my choice. Every day they do not provide my payoff I’m charged interest, late fees, possible attorney fees and possible additional fees from the county which prevent me from being approved with the new lender.
Reviewing BBB complaints it’s clear other people have the same issue as me. You do not need to verify if the payoff request is what we wanted and CLEAR you are holding my account and others hostage to collect other fees simply because we want to get away.
What I want for me and others whom face the same problem with them.
1. Release my payoff now.
2. Do not contact me ever again.
3. Remove me from ALL marketing (including phone, texting, emails, and regular mail)
4. Credit/refund for holding my payoff hostage back to the original request date showing your office how much they credited with proof of checks paid by certified mail.
5. Force them to release payoffs when available internally or externally as requested.
PLEASE SEE ATTACHED FOR FUTHER DETAILS OF COMPLAINTBusiness Response
Date: 01/28/2023
Dear Mr. ******* ******,
We received the following filed
complaint through the Better Business Bureau:
Please accept this complaint with
your office regarding Hunter Kelsey, Propel Financial Services. I’ve chosen
another Licensed Property Tax Lender and entered into an agreement with them
authorizing them to receive a payoff my account from Hunter Kelsey/ Propel
Financial Services. The Uniform Electronic Transactions Act § 322.007(a) states
that “a record or signature may not be denied legal effect or enforceability
solely because it is in electronic form.” And if a law requires a record to be
in writing or requires a signature then an electronic signature satisfies the
law. Their payoff department (Hunter Kelsey / Propel Financial Services) has
refused to accept an electronically signed document because it’s not from
Docusign. Hunter Kelsey / Propel Financial Services whom are one in the same
may not refuse my payoff request. This is nothing more than holding me hostage
in my loan agreement without the ability to refinance them to another lender of
my choice. Every day they do not provide my payoff I’m charged interest, late
fees, possible attorney fees and possible additional fees from the county which
prevent me from being approved with the new lender. Reviewing BBB complaints
it’s clear other people have the same issue as me. You do not need to verify if
the payoff request is what we wanted and CLEAR you are holding my account and
others hostage to collect other fees simply because we want to get away. What I
want for me and others whom face the same problem with them. 1.Release my
payoff now. 2.Do not contact me ever again. 3.Remove me from ALL marketing
(including phone, texting, emails, and regular mail) 4.Credit/refund for
holding my payoff hostage back to the original request date showing your office
how much they credited with proof of checks paid by certified mail. 5.Force
them to release payoffs when available internally or externally as requested.
PLEASE SEE ATTACHED FOR FUTHER DETAILS OF COMPLAINT
In
reviewing your account with us, we see that Panacea Lending, LLC recently
submitted a payoff request to us. As we have
received the same above complaint verbatim from other recent customers, we
believe either Panacea Lending, LLC has submitted the above complaint on your
behalf directly or has provided you the statement above to submit a complaint
directly. Either way, we’d like to
provide some context that Panacea Lending, LLC has failed to provide to you as
follows:
1. For many years Panacea Lending, LLC has utilized Docusign as a platform for obtaining proper authorization and signed documentation and has submitted payoff requests using that platform. Upon receipt of the proper authorization and documentation, we have provided payoff quotes to Panacea Lending, LLC. We do not intentionally withhold payoff quotes to negatively impact you financially or legally.2. In recent weeks, Panacea Lending, LLC started to use a new platform, Hipaatizer.In reviewing the documentation provided and after consulting with our attorneys, we advised Panacea Lending, LLC that we are unable to accept the Hipaatizer documentation submitted as it does not clearly indicate that it was sent directly to you, the customer, and that you indeed were the one who executed it.As we receive the payoff quote requests using this platform, we have advised Panacea Lending, LLC of the following:
Thank you
for submitting your third-party payoff request. We have a legal and fiduciary
obligation to protect our customer’s and their account information and in
today’s environment, we take that responsibility seriously. Unfortunately, the
combination of the documentation provided does not meet verification
requirements. There could be three reasons for this:
a. If you
submitted an unsigned or incomplete Third Party’s Request for Property Tax Loan
Payoff Statement, we’ll need it corrected.
b. If you submitted a HipaaSign Certificate without listing the customer’s
email address, we’ll need it corrected. We need to be able to clearly identify
that the forms you are remitting were indeed sent to the customer directly and
we can do so by reviewing the email address. Fortunately, we verified with the
Hipaatizer vendor directly that the inclusion of the email address can be done.
c. With a properly completed Third Party Request form and the HipaaSign
Certificate, including the customer’s email address, we should be able to
successfully validate the documents using the “Validate Signature”
functionality provided by Hipaatizer. If for some reason, the validation
process does not reflect positive results, we will let you know.
If you will please correct any of the above items and resubmit your request, we
will process it, accordingly.
3. The Docusign documentation platform is set up to clearly show where a form was sent, i.e. to you the customer, and that you, the customer, executed it. The Hipaatizer documentation provided by Panacea Lending, LLC does not.4. After initial and secondary requests made by Panacea Lending, LLC using the Hipaatizer documentation and Panacea Lending, LLC responding and insisting that we are holding your account “hostage” and are breaking laws, we provided Panacea Lending, LLC, the following:
We
respectfully disagree with you. We do not plan on “holding our customers
hostage and breaking any rule advised by the OCCC.” nor are we breaking the
law. On the contrary, we always strive to abide by any rule or guidance from
the OCCC. Additionally, our goal is to provide the utmost customer service to
our borrowers. It is because of this that we cannot provide the payoff
statements at this time.
Please
note, we have provided many payoff statements to you prior to this issue. We
have accepted many electronic payoff requests from you in the past, when you provided
the proper documentation using the Docusign platform. It is only these cases
where you are using the Hipaatizer application, where there is an issue.
Specifically, the esigned payoff request does not satisfy 12 CFR
§609.910(f):
Each
system institution must verify the legitimacy of an E-commerce
communication, transaction, or access request. Document integrity ensures that
the same document is provided to all parties. Signature authentication proves
the identities of all parties.
We
apologize for the inconvenience this may have caused, but please understand, we
have a duty to keep our customer’s information confidential. If you can provide
proper documentation to show compliance with the above, or even have the
customers send the esigned payoff request to us directly, we would be more than
happy to comply. Unfortunately, with what has been provided, we are unable to
determine if this was even emailed or reviewed by our customer.
If
not, we welcome the opportunity for the OCCC to opine on this issue and feel
more than confident our request for proper documentation is reasonable.
5. More recently, in the event we continue to receive payoff quote requests from Panacea Lending, LLC that do not meet requirements, we have now pivoted to emailing each customer directly at the email address we have on record. The following is what we provide the customer:We recently received a third-party payoff quote request from Panacea
Lending, LLC. We advised Panacea
Lending, LLC that the documentation they originally submitted does not meet
verification requirements. We requested
additional documentation from Panacea Lending, LLC with little to no new
results. We have a legal and fiduciary
obligation to protect your information and your account information and in
today’s environment, we take that responsibility seriously.
We would like to provide more context on why we requested further
documentation:
a. We do not believe the payoff request documentation satisfies 12 CFR §609.910(f), which states, “Each System institution must verify the legitimacy of an E-commerce communication, transaction, or access request. Document integrity ensures that the same document is provided to all parties. Signature authentication proves the identities of all parties.”
b. In reviewing the documentation provided, it is not clear that the Third Party’s Request for Property Tax Loan Payoff Statement form submitted was first sent to you and/or then signed by you.
We always strive to abide by any rule or guidance from the Office
of Consumer Credit Commissioner (“OCCC”) and any laws that govern our
business. Additionally, our goal is to
provide the utmost customer service to our borrowers. We apologize for the inconvenience this may
have caused, but please understand, we have a duty to keep your information
confidential.
We recognize that you may actually need a payoff quote, which is
why we are reaching out to you directly using the email address we have on
record. If you are still in need of a
payoff quote, please reply to this email and we will process one for you.
While all of the above is lengthy, we
hope this helps clear up why we have been unable to provide a payoff quote
directly to Panacea Lending, LLC when they use the Hipaatizer application. Again, electronic requests submitted that
meet requirements are processed and any request you submit directly is also
processed.
If you have any further questions or
concerns, we can be contacted at 866-456-3839 and would be more than happy to
discuss in more detail.
Thank you,
Hunter-Kelsey of Texas, LLC
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