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  • 8/8/2019 Amended Complaint Loretta Smith

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    June 2006 Smiths were making payments of $900.14 per month and had an interest rateof 7.00% on a $134,000.00 loan to New Century Mortgage Company.

    June 2006- Smith made their June 1st

    payment and received a notice that their June 1st

    payment was still due. Upon calling New Century Mortgage the Smiths found that NewCentury had charged them $1,800.00 for home owners insurance that they already hadand claimed May and June Payments were still due. The Smiths proved they hadinsurance, but were still waiting on the credit.

    July 1, 2006 The Smiths saw a Television advertisement for 15 day Loans throughQuick Loan Funding and called the 1-800 number. We spoke to a Quick Loan FundingLoan officer and explained what had happened with regarding Insurance and our loan

    payments with New Century and asked if they could refinance us. Upon calling Quick Loan Funding ran a credit check and found that we qualified for a loan at 7.25%, we were

    in agreement with that interest rate and their representative opened up and escrow. Atthat time said representative said Dont make any payments, we can pay out of escrow since our loans only take 15 days..

    July 2, 2006 to July 10, 2006 between these days we supplied Quick Loan Funding with12 months bank statements and 2 years tax returns in order to qualify for the loan. Theysaid all our paper work was in order, but that we may need an appraisal.

    July 10, 2006 Quick Loan Funding requested a payoff Demand letter from NewCentury Mortgage, letter stating the total amount due.

    July 20, 2006 New Century Mortgage Filed a Notice of Default on our property 524 N.Encina, Visalia, CA 93279 they filed a notice of default and added a prepayment penalty of 6 months interest and the 1,800.00 for Insurance along with their demand for payment.. 20 days had already passed at this point since we had contacted Quick LoanFunding. They told us do not worry the loan was in escrow and the money was there.

    August 2006 One month had passed since Quick Loan Funding had said they weregoing to send their appraiser out. Quick Loan Funding had its own Escrow Company andAppraisal Service.

    August 19,2006 At this time we were not sure if Quick Loan Funding was going tofollow through although they kept assuring us everything was ok, the appraisers were just

    busy. Once again, dont worry your house is in escrow. Our home/residence at 524 N.Encina appraised for $249,000.00 and we only owed at that time 134,000.00 to NewCentury which we borrowed to fix up the house. We own the DEED to the property and

    borrowed less that the house was worth, the house was acquired through a private sale in2003 we purchased the DEED. .

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    August 30, 2006 other finance companies had offered to finance us but could not untilour house was out of escrow with Platinum Coast Escrow which was owned by Quick Loan Funding. Called and spoke to Joshua Dramitos who was our Loan Officer at Quick Loan Funding. We once again told Quick Loan Funding how worried we were and thatwe need to know what they were going to do because this was no longer a 15 day loan

    and our loan was in default. He told us dont worry its going to happen and since a7.25% loan with a fixed rate for 30 years was a good offer, we decided to wait it out.

    September 18, 2006 Up to this point we had never gotten any loan disclosures and were promised an interest rate equal to what we had already which was 7.25% with a 30 year loan. . We finally received loan documents, a Federal Truth and Lending Disclosurestatement with an annual percentage rate of 8.252% , total finance charge of 263,115.78,amount financed 154,312.40. When I asked why the amount was so high he said therewere closing cost referred me to the Good Faith Estimate that shows that Quick LoanFunding was to receive a total of $8,248.80 out of the loan proceeds and we were toreceive $9,463.38. He said they would try to do the 7.750% interest rate in the good faith

    estimate, but that if could go up to the 8.252%. We agreed to no higher that 8.252%verbally and signed these documents and sent them back.

    September 26, 2006 we met with a notary to sign documents. The first thing the notarysaid was that she could not explain any of the documents that we should not whateverything was according to our discussions with the Quick Loan Funding Loan Agent.The amount was nothing like we discussed and at that time we did not understand that itwas not a 30 year loan and that it was a 2 year loan due to go up in 2 years. No loan docswere explained to us. The lady did mention that loan costs were added on, but at thattime I didnt know that Quick Loan Funding had added another $7,500.00 or so to doublecharge us for loan fees. The notary said their were other documents and that we neededto sign a power of attorney so that if necessary Quick Loan Funding escrow could getstuff signed if they needed to. The Notary that arrived said she was just there tonotarized and get signatures and that she didnt really know about the loan, because theyhad just hired her for that project.

    On June 15, 2007 Khristi Matheny Filed a claim with the Bankruptcy Court claiming shewas the Assistant Vice President of Regions Bank. Yet on _________ assignment fromMers to HSBC is signed by the same Khristi Matheny. Did Khristi Matheny change her employer between __________ and

    October 22, 2008Letter from Les Zieve Claiming the current holder of our Note was HSBC Bank asTrustee For Citi Bank Global Markets whos address is 10 E. 40 th Stree 14 th Floor, NewYork 10016._______________.

    Isnt it a conflict of interest that Khristi Matheny is a dual employee of Regions Bank andMERS? No one at Regions can verify that she indeed was the assistant to the VicePresident of Regions Mortage either. Could she be falsely claiming to be a bank officer

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    or falsely claiming to be an officer of MERS? Khristi Matheny it seems may have beenengaged in a subterfuge wearing various corporate hats. An individual who falselyclaims to be a bank officer that is, who acts without authorization of the bank commitsfraud. Because Mortgage assignments are sent repeatedly throughout the U.S. Mail, thefraud becomes a federal offense of mail fraud.

    Since they had never recorded the paper showing that they owned the loan, they were notlegally allowed to foreclose.the assignment was from MERS on behalf of the original lender Quick Loan Fundingwhich is defunct and has been since 2007 when it was shut down by the California Boardof Corporations for Fraudulent loan practices amongst other charges.

    1. Black's Law Dictionary offers the following six definitions:

    Tender. "An offer of money. The act by which one produces and offers to a person holding aclaim or demand against him the amount of money which he considers and admits to be due,in satisfaction of such claim or demand, without any stipulation or condition. . . ." ( Id. at p.1315, col. 2.) (Emphasis added.)

    Daniel Sadek was the sole shareholder of Quick Loan Funding, Inc. and the recipientof the company's profits. In 2005, the company's most successful year, he realizedprofits of approximately $40,000,000 in addition to his salary. 2004 and 2006 werealso successful years, albeit not as profitable as 2005. Quick Loan Funding. Inc.terminated its loan activity in August 2007, and has not transacted business sincethat time.

    Between 2002 and 2007, Quick Loan Funding, Inc. employed up to 1,000individuals. Beginning in 2005, Respondent oversaw the operations and customer service aspects of Quick Loan Funding, Inc.