n January 2009 we signed a legally binding contract with Hope Now Modifications, LLC for a loan modification with Countrywide, out mortgage holder.
A fee of $2, 100 was agreed with the fee to be split in two payments via debit of our checking account. The first portion of $1, 050.00 was debited 1-30-09 with the balance to be debited in late February.
Regular contact was established with Cassandra Peters of Hope Now Modifications, LLC and Ms. Peters assured the law firm of Kwasnik, Rodio, Kanowitz and Buckley was handling the negotiations.
In late February Ms. Peters advised we would be required to sign another debit authorization form and sent to me an authorization form on the letterhead of Kwasnik, Rodio, Kanowitz and Buckley. We signed the authorization and faxed the authorization to Ms. Peters. We were then contacted and advised a check by phone would be necessary as they were experiencing problems with Pay Pal, the source used for the debit transaction. They offered to reduce the fee by $100.00 to $2, 000.00 leaving the outstanding balance at $950.00. This was done in late February.
I was then unable to get in touch with Cassandra or anyone at Hope Now and contacted the law firm of Kwasnik, Rodio, Kanowitz and Buckley. I was then advised the modification was ongoing.
I have recently made in excess of 30 attempts by phone and e-mail to contact Ms. Peters and have been unable to establish contact. While I was at first able to leave a voice mail message for Ms. Peters, that option is no longer viable as her voice mailbox is “full". She has failed to respond to my e-mails yet the e-mails have not been returned as undeliverable, leading to the assumption the e-mail address is still valid and she has simply chosen to ignore my requests.
Per the terms and conditions of the contract, I have requested in writing refund of the $2, 000.00 retainer but have received no reply. The terms and conditions of the contract specified the refund request must be made in writing within 90 days of the signing of the contract. The contract was singed in late January 2009 and the refund request was made in writing and sent via fax and e-mail to Ms. Peters on April 7, 2009, well within the 90 days as specified in the contract. I have received no response.
I will also be filing a complaint with the New Jersey bar against Kwasnik, Rodio, Kanowitz and Buckley.