MCE law firm Chastain and Etcheson / Fraud, representatives lying
This is a copy of what I sent to Chastain and Etcheson after they toook 2800.00 to take "immediate action and confirm that my lender was willing to work on my modification: I went to this law group because their website checked out, and the info provided about their BBB rating and no complaints was provided in links from their own website. I realize now they used BBB.com not BBB.org, and that I used their links instead of typing in the info as an independent search. I thought all was well when suddenly I received a foreclosure notice from BAC after being told by their "recruiter" (he presented himself as an administratvie representative) that once I joined their law group's mod program that my foreclosure process would be on hold. He asked all the financial questions and told me an estimated amount for my new monthly payment. I was just stupid enough to fall for it. If you go to the real bbb website, they have a B rating, not an A, and they apparently have many complaints similar to mine. I am furious and will do what ever is necessary to get my money back from yet another corrupt company. My complaint against BAC will be posted at another time. When I told the law firm representative that I wanted a refund, she was very rude and said I had to put my request for a refund in writing. And by the way, these lawyers specialize in divorce, not real estate. GO FIGURE! BE careful out there, everyone is trying to take a piece of this corruption.
The message sent to the law firm is as follows:
I am putting it in writing that we wish to severe all ties with your company. I will be sending a mailed typed note as well. I recognize that you feel you had done something that was positive on our behalf regarding our mortgage foreclosure, but we decided the morning I was going to send the requested papers to you, that I had already sent to the recruiter, and more importantly to BAC in June. I have already sent everthing to BAC and am in review for their modification plan. Why would duplicating what I have already sent to them and having you send it to them accomplish anything? I had a representative of your firm, who said her name was Cathy, actually say to me, that she was sorry that the recruiter from your program had lied to me about the fact that once we signed on with your company our foreclosure would be on hold until all of the modifications were reviewed and a decision was made. And she also told me that I could not get my money back under the 100% guarrantee because you were not sent everything needed to work with BAC. However, your recruiter (whom you said did not work for your law firm but you are taking my case??? how does that work exactly??? Anyway, this person Richard, sent me an email that said it was a $100% money back guarantee if I was not happy with the outcome that your services could provide. After reveiewing the services that you told me you would provide, which of course differered from what the recruiter had told me, I began to realize that your approach to working with BAC seemed worthless and redundant, as I could and have done what you were offering to do for my case (i.e., sending the info for the home mod plan), and I infact had already sent all of that paperwork to BAC and was already in review for that program. I feel that your recruiter misrepresented your company, which also dissolved during this whole process, leaving me with phone numbers that no longer were in service and the mcewebsite that I was directed to originally completely changed from what it had been before. This change/confusion further illustrates that corruption that is going on with companies like yours who promise assistance, but are really more interested in getting paid for doing work that has already been done. I recognize that you think that you do not owe me all of the money back, but the calls that you made when we didn't answer could not have taken more than about 3 minutes, and according to my lawyer here in Texas, you can't charge me for a call that you made and did not interact with me. Furthermore, the first time I actually talked to someone other than the recruiter, who had stopped returning my emails and calls, was for that most part, an attempt by this lawfirm to calm me fears that we had not just sent $2800.00 to a black hole. I also made many calls to my recruiter that were not returned when I went online to check in and everything was changed to the two attourney's contact info, one of whom had phone numbers that didn't work. So we probably spent equal time on those issues. Your representative Cathy said that she was sorry that the recruiter basically "promised me that moon and stars" and that he lied to me about the process, and that he was not an employee of your lawfirm" and she openly admitted that I had been lied to. On September 28, when I called to severe our ties and gave my resasons why, this time your representative said her name was Patricia, actually blatently lied to me by saying she had said "nothing of the sort" in reference to what the recruiter had done, and she also tursely claimed that since I didn't have what she said in writing I couldn't prove anything. That just shows me further evidence that I can not trust your firm as someone who is working for my best interest rather than the interest of keeping my $2800.00. When the recruiter first convinced me of your excellent practice records by telling me there were no complaints filed with the bar association or better business bureau, I actually checked that out. I believed you were truly a good firm that would provide appropriate assistance. But after I received a foreclosure notice from BAC on the 23 of September, and I called you in a panic, your firm's representative's goal was simply to soothe my concerns and keep me on the ropes. In addition, your firm's representative demanded that I review my contract before expecting any refund. I informed her at that time that I never received a contract or any other written information based upon what the recruiter sent to me for authorization. Thankfully, now we have seen that federal government, and the individual state attorney generals have had to step in to stop this corruption, I hope that you do not wish to be tarnished with the same brush. Here are my demands:
I WANT A RETURN OF MY $2800.00 IN FULL WITHIN THE NEXT 14 DAYS OF THIS NOTICE. IF I DO NOT RECEIVE EITHER AN ACH AUTO RETURN OF THE APPEAR IN MY ACCOUNT OR A CERTIFIED BANK CHECK, OR WIRED THROUGH WESTERN UNION MONEY SERVICES NO LATER THAN OCTOBER 18, 2010.
* IF YOU DECIDE TO SEND THE REFUND VIA THE CERTIFIED BANK CHECK, I INSIST THAT IT BE SENT VIA FEDERAL EXPRESS, AS WE LIVE IN THE COUNTRY AND THAT IS THE MOST APPROPRIATE AND EFFECTIVE DELIVERY.
DO NOT ATTEMPT TO REDUCE THE FULL REFUND FOR THE FOLLOWING REASONS:
* I INCURRED FEES WHEN I HAD TO DRIVE 30 MILES AND PAY OFFICE DEPOT FUNDS TO FAX THE FORM THAT AUTHORIZED YOUR FIRM TO DEBIT MY ACCOUNT FOR THE TWO PAYMENTS OF $1400.00 ON AUGUST 9, 2010, AND AGAIN ON SEPTEMBER 1, 2010. I INCURRED THESE FEES BECAUSE YOUR RECRUITER INSISTED THAT I MUST SEND BACK THAT FORM IMMEDIATELY, WITHIN THE NEXT TWO HOURS OF THE BUSINESS DAY FOR HIM OR ELSE I MAY NOT HAVE PROTECTION FROM YOUR FIRM. I TOLD HIM I WANTED TO SEND THE INFO THE FOLLOWING DAY, BUT ON HIS INSISTENCE I DROVE 60 MILES AND INCURRED FEES FOR FAXING THE INFO. I AM ANGRY THAT I WAS FORCED INTO DOING SOMETHING THAT MADE ME UNCOMFORTABLE, (I.E., DRIVING AT NIGHT ON COUNTRY ROADS) . WHEN IN REALITY NOTHING WAS DONE TO MY CASE IMMEDIATELY, SO THERE WAS NO REASON FOR ME DO ACT HASTILY EITHER. ANOTHER EXAMPLE OF CORRUPTION AND LIES.
*THE PROTECTION/REPRESENTATION I WAS MOST INTERESTED IN WAS THE ABILITY OF BEING REPRESENTED BY YOUR FIRM SO THAT THE FORECLOSURE PROCESS WOULD BE PUT ON HOLD WHILE NEGOTIATIONS BETWEEN YOUR FIRM'S PROGRAM AND BAC WERE BEING MADE. I LATER FIND OUT THIS WAS AMOTHER COMPLETE LIE BY THE RECRUITER.
*YOUR RECRUITER TOLD ME THAT IT WAS ESSENTIAL FOR ME TO JOIN THE MODIFICATION ASSISTANCE PROGRAM OFFERED BY YOUR FIRM SO THAT I WOULD HAVE LEGAL REPRESENTATION TO GET THROUGH THE DIFFERRING AND CONFLICTING INFORMATION I WAS CONTINUALLY RECEIVEING VIA PHONE AND WRITTEN INFO FROM BAC REPRESENTATIVES. YOUR RECRUITER TOLD ME THAT BY GIVING AUTHORIZATION TO SPEAK ON MY HUSBAND AND MY BEHALFS, THEY WOULD BE ABLE TO DETERMINE IMMEDIATELY IF YOUR FIRM AND BAC COULD SETTLE THE CURRENT DISCREPANCIES IN THE INFORMATION I WAS BEING GIVEN SO THAT A MODIFICATION COULD BE FINALIZED.
*AFTER ANSWERING MANY MANY QUESTIONS CONCERNING MY INCOME AND EXPENSES, THE RECRUITER MADE CALCULATIONS AND SAID THAT YOUR FIRM SHOULD BE ABLE TO HAVE A FINALIZED MODIFICATION PLAN IN PLACE AND HE DETERMINED BASED ON THE INFO I HAD GIVEN THAT OUR MONTHLY PAYMENT TO BAC WOULD BE APPOXIMATELY $838.OO PER MONTH WITH ESCROW INCLUDED.
*I TOLD THE RECRUITER THAT I WAS UNCOMFORTABLE PAYING THIS AMOUNT UPFRONT WITHOUT KNOWING WHENTHER OR NOT THEIR WILL BE A SUCCESSFUL OUTCOME. AND, I WAS WORRIED ABOUT MAKING ANOTHER MORTGAGE PAYMENT BECAUSE THE $2800 WAS THE ONLY EXTRA FUNDS I HAD, AND THAT MY HUSBAND HAD TAKEN ON ADDITIONAL ASSIGNMENTS AT WORK SINCE I AM STILL RECOVERING FROM MY BRAIN SURGERY AND CANNOT WORK.
* DESPITE THE FACT THAT I WAS CONCERNED ABOUT THE $2800.00, THE RECRUITER EXPLAINED THAT ONCE BAC HAD AGREED TO WORK WITH THIS FIRM, MY CASE WOULD BE ASSIGNED TO A LEGAL REPRESENTATIVE, AND THAT ALL FORECLOSURE ACTIONS WOULD BE ON HOLD. HE SAID THAT MY CASE MANAGER MAY REQUEST ADDITIONAL INFO DURING THE NEGOTIONS AND THAT IT WOULD TAKE ABOUT 90 DAYS FOR THE FINAL MONTHLY PAYMENT AMOUNT TO BE DETERMINED SO I WOULD HAVE TIME TO SAVE UP FOR THE MORTGAGE PAYMENT THAT WOULD COME DUE WITHIN THE NEXT COUPLE OF MONTHS.
*HE TOLD ME THE AMOUNTS HE DETERMINED FOR MY NEW MORTGAGE PAYMENT WAS ONLY THE THE INITIAL ASSESSMENT AND THAT THE FIRST STEP WAS FOR HIS FIRM TO CONTACT BAC IMMEDIATELY TO DETERMINE THEIR WILLINGNESS TO NEGOTIATE MY CASE (AND IF NOT MY MONEY WOULD BE REFUNDED WITHA 100% GUARRANTEE). HE TOLD ME THAT ONCE CONTACT HAD BEEN ESTABLISHED AND CONFIRMED AND A COOPERATION AGREEMENT WAS MADE, I WOULD BE CONTACTED BY MY LEGAL CASE WORKER, AND THIS PERSON WOULD BE THE ONE TO MAKE THE FINAL NEGOTIATIONS WITH BAC.(i.e., THEY WOULD BE WORKING TO HAVE LATE FEES REMOVED, AND PAYMENTS OVER DUE PUT AT THE BACK END OF THE LOAN AS PROMISED BY BAC WHEN MY FIRST HARDSHIP AGREEMENT HAD BEEN MADE BY ME AND BAC (the $500.00 payment for 6 months for a hardship I requested in September of 2009).., HE ALSO SAID THAT IT WOULD TAKE A WHILE FOR THE NEGOTIATIONS TO BE FINALIZED, SO A MORTGAGE PAYMENT TO BAC WOULDN'T BE DUE UNTIL THEN..
*THE RECRUITER PROVIDED ADDITIONAL RE-ASSURANCE IN HIS EMAIL, STATING THAT I SHOULD NOT WORRY BECAUSE THE FIRM WAS 98% SUCCESSFUL IN OBTAINING IMMEDIATE AGREEMENTS WITH LENDERS ACROSS THE NATION TO COMPLETE THE MODIFICATION PLAN PROCESS. HE ALSO SAID THAT IF THE MORTGAGE MITIGATION LAW GROUP COULD NOT GUARANTEE A SUCCESSFUL NEGOTIATION WITH MY LENDER IMMIDIATELY, MY CASE WOULD NOT BE ACCEPTED, AND THE RECRUITER SAID IN WRITING THAT "WE WILL REFUND ALL THE RETAINER MONEY PAID (I.E., THE $2800.00 SENT VIA ACH TRANSACTIONS).
*I SENT MY FIRST PAYMENT ON AUG 9TH, AND BY AUG 20TH I WAS CONTACTING MY RECRUITER VIA EMAIL BECAUSE NO CASE MANAGER HAD ATTEMPTED TO CONTACT ME ABOUT THE NEGOTIATIONS. I HAD ALSO REQUESTED INFO PRIOR TO THE NEXT BANK DRAFT OF $1400.00 ON SEPT 1.
*I ASKED MULTIPLE TIMES VIA CELL PHONE CALLS ON THE RECRUITER'S SUPPOSED PERSONAL NUMBER, OR CALLS TO THE RECRUITER WHILE AT WORK, TO SEND ME A COPY OF ALL THAT WE HAD TALKED ABOUT, HE SCHEDULED AN APPOINTMENT WITH ME VIA EMAIL, WHICH HE DID NOT KEEP. NOR DID HE EVER SEND THE REQUESTED INFO OR CONTRACT. THERE ARE EMAILS THAT SAY THE CONTRACT IS INCLUDED FROM A WOMAN NAMED LANNETTE DATED ON9/22/2010, BUT ALL THAT WAS SENT WAS THE BAC MODIFICATION PACKAGE AND AN OFFICIAL REQUEST FORM FOR IRS TAX INFO TO BE RELEASED.
*I HAVE AN INITIAL EMAIL FROM THE RECRUITER DATED AUGUST 10TH THAT STATES IN WRITING THAT IF I AM UNHAPPY WITH THE SERVICES PROVIDED I AM ENTITLED TO A $100% MONEY BACK GUARANTEE STATING "IF WE CONTACT YOUR LENDER AND THEY DO NOT AGREE TO WORK WITH US TO MODIFY YOUR LOAN IMMEDIATELY, WE WILL REFUND ALL THE RETAINER MONEY PAID. ...IF WE'RE NOT EXTREMELY CONFIDENT ABOUT OBTAINING YOUR MODIFICATION, WE WILL ADVISE YOU WHY, AND WILL NOT ACCEPT YOUR CASE FOR MODIFICATION."
*NO-ONE CONTACTED MY LENDER IN AUGUST AS YOUR RECRUITED REPORTED WOULD BE DONE. I KNOW THIS BECAUSE BAC CONTINUED TO CONTACT ME WITH REQUEST FOR FUNDS AND THREATS OF FORECLOSURE. I WAS CONCERNED ABOUT THIS, AND YOUR RECRUITER FLIPPANTLY REPLIED THAT I SHOULD TELL BAC THAT I AM NOW REPRESENTED BY YOUR LAWFIRM AND NOT TO WORRY BECAUSE A LEGAL REPRESENTATIVE WOULD BE CALLING ANY DAY NOW. HE TOLD ME HE WAS A LIASON UNTIL MY CASE MANAGER WAS ASSIGNED AFTER THE INITIAL AGREEEMENT OF COOPERATION WITH BAC WAS MADE.
*I DO NOT CONSIDER CONTACT FROM A LEGAL CASE MANAGER MADE ON 9/22/2010 TO BE AN IMMEDIATE RESPONSE NOT GUARANTEE OF OBTAINING A SUCCESSFUL MODIFICATION FROM BAC.
IN FACT, IT WAS EITHER CATHY OR PATRICIA THAT REPORTED TO ME VIA PHONE, THAT THEY DID NOT CONTACT BAC UNTIL SOMETIME IN SEMPTEMBER. SHE GAVE ME THIS INFORMATION WHEN SHE WAS ATTEMPTING TO SCARE ME INTO BELIEVING IWAS NOT ENTITLED TO THE FULL $2800.00 BECAUSE OF THE "WORK DONE BY THE FIRM THAT MUST BE PAID FOR BEFORE DETERMINING HOW MUCH OF A REFUND I WOULD GET. AND THAT MY REFUND WOULD HAVE TO BE "NEGOTIATED". AGAIN, THIS IS FURTHER EXAMPLE OF CORRUPTION AND BACK PEDDLING THAT IS GOING ON WITH THE BANKS AND LAW FIRMS WORKING WITH MORTGAGE MODIFICATION PLANS. PROMISES OF 100$ MONEY BACK GUARRANTEE ON THE FRONT END AND THEN THE ATTEMPT TO " NICKLE AND DIME" ME FOR THE PHONE CALLS MADE WHEN THERE WAS NO ANSWER, (THUS YOU CAN'T LEGALLY OR ETHICALLY CHARGE ME FOR), AND THE OTHER TWO CALLS WERE ESSENTIALLY YOUR FIRM TRYING TO ASSURE ME THAT I HAD NOT SENT $2800.00 TO A CORRUPT AND INEFFECTIVE SERVICE. BOTHT THE RECRUITER AND THE TWO LAWFIRM REPRESENTATIVES WERE GOOD AT PROMISING ME THAT EVERYTHING WAS OKAY, DESPITE THAT FACT THAT AFTER MY INITIAL PAYMENT IN FULL, THE WEBSITE WAS SUDDENLY GONE, PROVIDING INFO AND PHONE NUMBERS WHERE DISCONNECTED, AND THAT THE TWO LAWFIRMS DID NOT FORM THE MCELAW FIRM PRACTICE AFTER ALL, AND THAT THEY WERE SO SORRY THAT THE RECRUITER HAD WRONGFULLY MISLEAD ME TO BELIEVE THEIR FIRM WOULD STOP THE FORECLOSURE PROCESS, .
*IT WAS AFTER DISCUSSIONS WITH MY HUSBAND AND AN ATTORNEY IN TEXAS THAT I REALIZED THAT YOUR FIRM HAD NOT PROVIDED THE IMMEDIATE ACTION AND AGREEMENT TO WORK OUT A SUCCESSFUL AGREEEMENT WITH BAC,
*AGAIN, IN WRITING, YOUR RECRUITER DESCRIBES THE $2800.00 AS A "RETAINER"
*I HAVE CONTACTED BAC AND THEY REPORTED THAT THEY HAVE NOT MADE ANY AGREEMENT WITH YOUR FIRM, AND YOU DEFINITELY HAVE NOT PROVIDED IMMEDIATE ACTION, FURTHERMORE, THE LAW GROUP THAT I MADE AN AGREEMENT WITH "THE MORTGAGE MITIGATION LAW GROUP" IS DISSOLVED.
*YOUR LAWFIRM DID NOTHING BUT REQUEST INFO FROM ME FOR A PROGRAM THAT I HAD ALREADY BEGAN WITH MY LENDER IN JUNE. NO DEMONSTRATION OF IMMEDIATE NEGOTIATIONS WITH MY LENDER WAS MADE. NO NEW INITIATION OF LEGAL PROTECTION OR ACTION WAS PROVIDED ON MY BEHALF. AND AS SUCH, I BELIEVE I HAVE DEMONSTRATED TO YOU THAT I AM DUE A $2800.00 REFUND OF YOUR RETAINER FEE IMMEDIATELY.
IF YOU CHOOSE TO IGNORE MY REQUEST PLEASE EXPECT THE FOLLOWING TO OCCUR:
1. I WILL CONTACT THE STATE ATTORNEY GENERAL'S OFFICE IN BOTH ILLINOIS AND IN TEXAS AND FILE AN OFFICIAL COMPLAINT EXPRESSING HOW YOUR LEAD ATTORNEY'S ATTEMPTS AT FORMING SOME TYPE OF MITIGATION LAW GROUP, PROMISING ACTIONS AND PROTECTIONS THAT WERE NOT PERFORMED, AND THEN HAVING EMPLOYEES OF THE GROUP ATTEMPT TO IMPLY A REFUND WOULD NOT BE GIVEN, AND ACTUALLY RETORTED THAT I HAD NOTHING IN WRITING TO PROVE WHAT WAS TOLD TO ME ORALLY. THUS PROVING THEIR ROLE AND PARTICIPATION IN THE NATIONAL FORECLOSURE CORRUPTION. I WILL ASK THE TEXAS ATTNY GENERAL'S OFFICE TO ASSIST IN GETTING A FULL REFUND FROM YOUR OFFICE BASED ON ALL OF THE ABOVE.
2. I WILL FILE A COMPLAINT WITH THE ATTNY REGISTRATION DEPARTMENT OF iL. USING THE PHONE NUMBER PROVIDED BY YOUR RECRUITER. (THANKS FOR THE AMMUNITION).
3. I WILL FILE A COMPLAINT WITH THE AMERICAN BAR ASSOCIATION.
4. I WILL FILE A COMPLAINT WITH THE BETTER BUSINESS BUREA IN TEXAS AND IL.
5. I WILL FILE A COMPLAINT ON THE WEBSITE IARDC.ORG
I hope they find some ethics somewhere within their scope of practice, this is absolutely scary that theythink it is ok to take money from the very people who are already in a financial mess as it is.