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[email protected] Reports & Reviews (1)

- Norwalk, CA, USA

I had the name of Brian Smith in my contacts list as a fellow member of a professional organization that we other belonged to in 2015. In my personal search for refinancing a investment property his name happen to come up at which time I emailed him questioning him about his current status in the industry and what he was doing these days. He went onto inform me that if I was in need of any kind of financing especially any type that maybe a exception for any bank, I must know that it is all in hedge funds and private loan companies and entities. Being informed I was aware of this and was the primary reason for reaching out to contacts that I had known already. While acknowledging that I did the issue fess was discussed in the manner that I was very concerned about getting ripped of as I have previously. I was not planning any paying any fees up front. I clearly indicated that I understand that they need to cover their cost but believed it could and should come out of the proceeds. He went on to remind me that this was the reason why I called him and that I know that he has been around for while now. He went onto remind me that this would not be the case if he charged all kinds of crazy fees for the purpose of ripping the clients off. He stated "sorry but not him". On Oct 30, 2017 I had completed a application to secure the funding request and in about three business days he informed me that the board had approved the request for a private loan. I was certain to clarify a private loan anticipating that the interest rate be higher. He then confirmed and sent me a written loan approval under the name of Fin Hil Financial. This was the first time hearing this so I had asked Brian some questions in which he replied that this is the name that the private investors do business with. Having knowledge that this is quite possible we had moved forward and I accepted the approval for a seven (7) year loan at 6% interest. I few days went by after returning the executed document to him he then informed me that at this time the company would require a "commitment fee" of $***. I did question as to why as that was not my agreement but he insisted that this was their only fee and it was due on approval. Interesting enough he informed me that they money had to be sent directly to the Investor by money order. He acknowledged that it sounded weird however like many private lenders they are very cautions how they received their income for tax purposes and that I should trust him on this. He gave me instructions to send the money order and the money was sent. On October 31, 2018 John Jones a (Nigerian Salesme) had contacted regarding my request for the current status? I was getting lierally concerned not hearing the final loan terms and agreement. The issue was up to this point Brian was still balancing whether the loan was to be a personal one or a second mortgage. Usually a loan that is secured with a lien in less expensive. I sent Brian an email to this effect in which John was following up on. I then telephoned Brian again as the time was of essence now and they did not collect any collateral information. My conversation with Brian went like at first he was not sure what the funding department was doing and had to get back to me. He did which at this time he presented to me that the second lien can be placed on the property or the board requested Mortgage Waiver Insurance Policy. Totally surprised as being in the industry for 25+ years never heard of such thing. He went on to tell me that it was a one time premium of $7000 which is placed in a escrow account in the even of a default The amount was about one (1) year of the monthly payment. After indicating to him that I did not want that when he started to sell me on all the other features so as. Once the escrow account is established then I will be a established customer permitting me to utilize additional funds that will be made available to me after this loan is funded. This is a great asset to me when my goal was to get active again in the real estate industry. He then went on to tell me that the account is interest bearing and held by a insurance company. I had requested the name and disclosures on the program and the company. He indicated that I would get that. Once again it was indicated that I did not have that kind of money. At that time he referenced a small Individual Retirement Account(IRA) that I had completed when filling out the original application. He went on to tell me that it was worth breaking that open to pay the seven thousand dollars ($7000) because the interest rate was next to nothing. It was stressed that paying this money would open up all kinds of borrowering power such as a line of credit . In doing so I would be able to recover the penalties and that money very fast. I complained indicating that I could not even entertain that as it was all that was in retirement approaching the age of sixty (61). He went onto the hard sell indicating that if I did that the funding would move much faster and smother as planned. So he went onto to say that if I got him the money by the end of the day the funding would still take place within the next 24-48 hours. He sent me directions to send the money directly to the treasurer of the firm who was Ana Rosa Rodriguez in Los Banos CA. I told him that my time did not allow me to get this done today when he reaffirmed with me that I bank with Chase Bank and that the best and fastest way to pay the money would be a direct deposit into her account. Then John had supplied me with the bank accounts information such as account number #4476247882. Early evening I did as he instructed by depositing the money directly into this account. It was the very next when I was contacted by John the salesmen indicating to me that the loan is still ready to fund however the closing agent needed to be paid before they will close the loan for me. I blew my top stating that Brian clearly stated that they did not charger any garbage fees at all and I am now ending up paying lose to ten thousand dollars ( $***) John continued the sales speech by indicating that all the paperwork is done and the wire of my funds is all set.

The only problem was the Closing Agent insisted on being paid. I refused indicating that they would take the money/fees from the proceeds of the loan. He replied that the board will not permit that at all. I then reminded him again that I never received any disclosures on the fess paid or the Insurance Program/Policy and needed that immediately. I hung up the telephone in disgust. Truly I did not have the money and if I paid them this I would not be able to pay any of my monthly bills. I had just received my SSI check as they were also aware from my bank statements. Not giving them any reply John had Brian send me a email stating that I really did not want the closing cancelled and the real total fees were not going to exceed three thousand dollars. He went onto tell my that the $7000 was not a fee and is still in escrow and still mine. The other monies were basically his out of pocket expenses and not garbage fees as I was saying. He did remind me that I had to know that any closing agent was going to want to get paid before closing the loan. Brian then stated not to worry about paying my bills as I would have the $49000 in my bank within a day or two and most likely tomorrow. He then had John send me directions to end a money order to The loan was to fund within the next 48-72 hours. On 11/4/2017 I was sent a copy of a Bank America wire indicating that they loan in the amount of $49000.00 had been wired into my account. After 1-2 days I began telephoning John Jones (Salesmen) at 1-832-510-9550 who later I found him to be located in Dallas TX. who indicated to me that I had to allow additional time because he had no idea what happened. Time went by and my telephone calls were not being returned when I began investigating somewhat on my own. I first contacted the BankAmerica being that they indicated that the wire was authorized by Thomas Titus of 11302 Mapledale Street, Norwalk, CA 90650. I requested to speak with the person who signed the wire (Delmy Augilera) when I was told that she was busy with another customer and they needed to help me. My question initially was brief indicating that I wanted to check on the status of a wire sent to me? I was immediately informed after just mentioning the persons name, Titus that I would have to contact him for any information as that is the only person that they can speak with. I stated that this was some what weird being that the wire was directed to me and was not received as of yet and it was now November 8, 2017. He just apologized and hung up. I then telephone Thomas Titus myself at the telephone number provided on the wire instructions (440-815-1797) at each time I had to leaver a voicemail. I had placed four (4) call without ever hearing back. My last message was a little more specific in nature in order to express urgency. Not reply at all from this person. After the few days/week of losing patience regarding the wire transfer assuming to be fraud at this time, John the sales had telephone me to inform me that the wire had gotten lost and they were working on recovering it. Then after that I received an email from customercare that they wire did not go through because the Boss left for vacation without making certain that their were sufficient funds in the account, My reply to that was then why did they nor fund whatever funds were available. No reply to that question either.Without much hope I continued to send pretty regular emails checking on the status of the funding and or requesting a refund at this time. It was the Customer Care department who informed me that the monies paid were non refundable to which I verbally began losing my patience. I questioned them as to how the $*** is non refundable when that money was placed in a Escrow account with a Insurance Company. I received one reply indicating that the $*** is refundable as the end on the loan payoff. I indicated to them that they were unable to fund the loan so the contract/loan commitment is null and void calling for all funds paid to be refunded. I also questioned them as to how they can write an Insurance Policy without a license to do so? No reply to that either. We ended the email exchanges and began to place telephone calls into Brian at which time I was informed by John that Brian was in a terrible accident and will not return for awhile. I continuously received not a reply regarding my refund request or the funding of the loan for weeks now. On November 9, 2018 John had contacted me once again and admitted to me that they loan was not funded due to the taxes due as the money was coming from the United Kingdom. He told me that the tax bills had exceeded the $*** but the boss (who name was never mentioned and refused to furnish)decided that if I was to pay $*** towards the taxes the loan would be funded. Strongly indicating that I had no plans of paying them another dime. I kept on insisting that whatever the shortage was could be taken from the $*** and they could reduce the loan amount accordingly. I actual stated that they could make the loan for $***. taking the $*** from there. Once again they stated that there was no way that tax monies could be paid from proceeds. I then went around and around how I never placed any loan request into a lender from the UK nor were these taxes ever disclosed. I also indicated to them that I would write the Treasury in the UK in order to obtain a tax clearance due to the funds being for medical and that they stole my retirement money as well as my social security monthly check from me. They completely ignored that question and the dialogue ceased. Later that day John the salesmen called me informing me that his Boss felt so terrible that he was requested only $*** towards the taxes and the loan would fund tomorrow. I resisted in every fashion I could until the hung that carrot out being so close to receiving the loan. I then received instructions to send the money by money gram to Toni Ippolito , Diamond Bar, Ca.91765. I had gone and sent that money order to this person before the end of this business day. Then the waiting began again as I was texting sending message after message requesting information regarding the status of the loan. I trust that it was the very next day when Customercare@finhilfinancial sent me a email indicating that their boss would not do the loan without the full $*** paid. I strongly objected and wrote them as well as verbally informing that to reduced the loan amount to $30K this was way there would be plenty of money for the taxes in the loan proceeds. The stated that this could not be done. At this time I had contacted the FBI office and placed a complaint figuring that this was a national scam if not international with names, address etc and that they could very easily locate their location with the IP Address's on the emails that I had received. After placing the complaint twice I never received any replies. I thought that for sure with their campaign about the scams against elderly people and their retirement funds. I have also placed a complaint in with the Consumer Financial Protection Agency however I feeling and experience are is that they will scare them aware to the point of closing up shop and moving someplace else with new names However Brian Smith and his email address has remained the same for years now so he should not be that difficult through the IP Address. In my possession I do have documentation supporting all monies paid and the individuals who received the money. I also have a copy of the wire transfer from Bank America that never went through.

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