Category: Mortgages

Friday, March 09, 2007

Hot Leads (sold leads to First Magnus) is STILL faxing

Despite Being Illegal, “The Hot Lead” Company of Texas Still Sends Unsolicited Spam Faxes

Despite Being Illegal, “The Hot Lead” Company of Texas Still Sends Unsolicited Spam Faxes

March 9, 2007 4:51 p.m. EST

Linda Young - All Headline News Staff Writer
West Palm Beach, FL (AHN) - Although unsolicited fax advertisements are illegal, barred by the federal Telephone Consumer Protection Act, companies still spam broadcast faxes that many recipients view as junk.

Worse, the unwanted faxes keep fax machines tied up wasting a lot of ink and paper, as well as tying up telephone lines.

Individuals as well as businesses complain about the unwanted spam faxes.

All those things were reasons that Congress created a law in 1991 that prohibited faxing unsolicited advertisement without “prior express invitation or permission” from the fax recipient.

One company that has ignored that law is known by many names and has been in and out of courts in several states. The Hot Lead Company of Texas, led by Greg Horne, president, is in plenty of hot water.

In May 2006, the Federal Communications Administration accused Hot Lead of violating the nation’s telecommunications act, citing half a dozen complaints against it.

But before changing its name to Hot Lead the company had racked up complaints and legal action doing business as American Blast Fax, and it’s owners were Mike Horne aka Michael G. Horne aka Michael Gregory Horne and Greg Horne according to JunkFax.com.

In a statement on its Web site JunkFax.com said: “Despite losing millions in court (judgments they never pay), and despite numerous injunctions (that they all ignore), they just change the name of their company and do the same fax broadcasting over and over and over again. I personally get their faxes and I get more complaints about them than any other company on the entire website.”

The Minnesota Attorney General wrote a letter dated Sept. 11, 2006, concerning the Hot Lead company. It was in response to a complaint that Mike Horne and Greg Horne and their companies were violating a Sept. 2002 Minnesota injunctive order and still sending out junk faxes under the company name My Hot Leads. The Attorney General wrote that the Hornes’s companies were known as The Hot Lead Company, My Hot Leads or Sunbelt Communications.

During a telephone interview Scott Nickenson, who only identified himself as an employee, confirmed that Hot Leads, My Hot Leads and Sunbelt Marketing were all company names where he worked, along with many others that he would not list. He also confirmed that Greg Horne was the president of all the companies.

What he wouldn’t confirm was where Hot Leads, etc., obtained the numbers they sent faxes to, or on what basis they chose the businesses that they spam-fax.

Hot Leads has sent several unsolicited spam-faxes offering hot leads for business that sell mortgages, health insurance and life insurance to AHN, which is in the business of reporting the news.

When AHN told Nickerson that, and asked him why Hot Leads sent a news agency numerous faxes advertising hot leads for mortgage and insurance customers he referred AHN to manager Steve Faulkner. Last week Faulkner skirted those questions and has not returned calls from AHN.

A woman who answered the phone said that Hot Leads was located in Dallas, Texas, but she would not give an address.

JunkFax.com lists these as the company names that Hot Leads also uses:

American Blast Fax
CMG Marketing LLC
Cammas Group LLC
RMG Communications LLC
Dallas Doorhanger
American Life Quotes, LLC
The Fax Guide, Inc
American Quick Quote LLC
Sunbelt Communication and Marketing LLC
Sunbelt Marketing
American Blast Fax

They made a mistake when they referenced junkfax.com, it is http://junkfax.ORG/.  Other than that, quite informative.  I knew I would have been wasting my time going after them instead of First Magnus—they don’t pay the judgments and they ignore the injunctions.

And the regulaters are doing WHAT?

Wednesday, February 28, 2007

Settled with First Magnus after appeals court order to remand

I forgot to post that here, we settled just before Christmas.  I had to appeal corrupt local Justice of the Peace John Taylor’s bizarre dismissal and the $6,400 attorneys fee award to First Magnus for attending a single hearing.  I finally got the appeals court’s ruling to remand in November, but I didn’t even get my superseadas bond back until after we settled. 

More and the corrupt justice system at Settled with First Magnus—despite Kangaroo Court, corrupt judge John Taylor and regulators

Thursday, June 01, 2006

CBSK - American Home Loans out of business?  Counsel withdraws

According to the Beaugureau, Zukowski & Hancock 5/10/06—Motion to Withdraw as Counsel of Record and counsel Amy Schwartz Certificate: “CBSK has failed to substantially fulfill their obligations to Counsel regarding Counsel’s services.  I have advised CBSK on numerous occasions, both verbally and in writing, over the past three months, that Counsel will withdraw unless CBSK’s obligations are fulfilled.  To date CBSK has failed to fulfill its obligations, or even respond.”

Hmmm, sounds like they didn’t pay their bill.  Any info on the CBSK situation is greatly appreciated.

I sent this URL to CBSK attorney Russell Grandy for comments.

Tuesday, March 07, 2006

First Magnus Financial Corporation dismissed from TCPA suit, but liable for RESPA illegal kickbacks

I’ve been so busy with my credit work and suits, had very little time to work on junk faxes.  First Magnus was not only dismissed, but the judge encouraged them to apply for attorneys’ fees.  Since I had to take the time to write an objection, I also sent my complaint to the Arizona Department of Financial Institutions. 

I plan on filing my illegal kickback claim (RESPA) in federal court, hope I get to that soon.  The complaint with the AZ licensing agency is highly unlikely to result in anything more than more material for my book on corruption in America. 

The Fight Back!!! topic about First Magnus

I’m behind with scanning, but if you’re interested in the RESPA and TILA claims, check my Initial Disclosures, linked at Fight Back.

My 3/7/06 complaint to the AZ Department of Financial Institutions:

MORE...

Friday, November 04, 2005

I settled in mediation to dismiss Bridge Capital upon payment of $2,000 by The Mortgage Standard

Bridge Capital General Counsel Shirin Emami called on Monday morning. I called her back and she advised that they have nothing to do with the fax, their branch The Mortgage Standard was responsible and offered $1,000. I countered with $2,000. She called back to let me know that they agreed and would be faxing the settlement agreement to her later that day.

She called again in the eve to let me know that she expected the settlement early next morning and that she would be out most of the day.

When I didn’t have the fax by afternoon, I called her VM, she called me right back to let me know that she was on her way to the office and I told her that I had to go to the post-office. I had already to prepared the fax to the court to dismiss.

I waited and waited and finally around 3 PM I got the 9-page settlement agreement. I reduced it to one page and wrote on the cover page:

“Shirin, I have NO intention of settling anything but this ONE fax. Nor do I wish to pay a lawyer $2,000 to explain your settlement agreement to me.

I’m now LATE going to the post-office,”

When I got back an hour later, there was no response from Bridge, I left a VM to confirm receipt of my fax. Around 9:30 PM AZ time I got their 5 page motion for a telephone appearance for the 10:30 mediation hearing the next morning.

I don’t even know who was on the phone other than “Andy” - the mediator wrote down the full name, but it’s not on my paperwork.

Can’t talk about the mediation, but I posted the Mediation Agreement.

I know that Bridge Capital used to fax through fax.com and they were cited by the FCC in 12/04. I have a whole bunch of unidentified mortgage faxes sent by fax.com during 2004 and it is extremely likely that some are from Bridge Capital. As a matter of fact, I sent some of those “Mortgage Services” faxes to the Cal. DRE which of course did nothing.

From http://www.junkfax.org/fax/profiles/bridgeCapital.htm

“Worsham wrote: Calls to 800-561-8329 or 800-561-8375 answer as consumerlink (can’t find a web site), ...”

That’s interesting because I just dealt with Loan Qwest Funding regarding a fax from “ConsumerLinknow.” Is that SAME lead generator STILL faxing?

I HATE those DECEPTIVE faxes and I think that people losing their homes in foreclosure is MUCH more important than a piece of paper and some ink. I just started on my letter to the Cal. AG.

It is outrageous that the regulators WILLFULLY CONDONE these false advertisements and lies by mostly unlicensed loan agents.

You can read more about my call to The Mortgage Standard at Housing sales slowing down - house-poor Californians - mortgage fraud rampant.

At http://junkfax.org/ is lots of info on Bridge Capital, but I didn’t see any of the faxes. What I need is a way to identify their faxes and PROVE in court that those faxes were sent by or on behalf of Bridge Capital.

If all or just some of the junk fax litigants shared their settlements and litigation, we could really make a difference. We have 4 years to sue, so I’m hopeful that someone will contact me, a class action or being a co-plaintiff would be nice.

And of course I’ll be happy to provide an affidavit regarding the Mortgage Standard fax.

I actually had not even thought about working those old faxes or doing anything about Bridge Capital, but since they tried so hard to get me to release them from ALL fax related claims, I’m now a lot more motivated.

I can’t stand being lied to and deceived.

If you want to move to the top of my “to sue” list, lie to me. 

Thursday, November 03, 2005

11/2/05:  My junk fax settlement with Central Pacific Mortgage and Olympic Home Loans

I posted the small claims filing and the settlement at Fight Back!!!:

Central Pacific Mortgage and branch Olympic Home Loans

It’s unlikely that I’ll get more of their faxes since they seem to focus on California only.  Like Dana Capital and American Residential, Central Pacific apparently licenses “branches”.  Due to my correspondence and suit of CENTRAL PACIFIC, I can testify that they KNEW about the junk faxes since at least 4/18/05.  If you received a junk fax in any way related to Central Pacific after that date, get your TREBLE damages!

Since I’m NOT just looking for money, I decided to accept the $500 offer from the owner of Olympic Home Loans with the statement that they would stop faxing.

I did NOT ask to have no faxes sent to my California fax number - that sentence was included on his request, he wanted to make sure he has my Cal. fax number.

To all of you in California, you know what that means:  YOU will get those faxes.

If YOU get a Central Pacific or Olympic Home Loans (OHL) junk fax, I will be happy to provide you with an affidavit to authenticate this agreement (as long as I’m still in the states) and you should have NO problem getting your treble damages for “willful and knowing” faxes. 

Friday, October 28, 2005

Junk faxers and mortgage scammers Loan Qwest Funding

I posted the junk fax, DRE and corporate info at the new Fight Back!!! topic Loan Qwest Funding

http://www.loanqwestfunding.com/

Sean Ashkan Haghi is the broker of record.  From my 10/27/05 fax to Sean Haghi, Broker Loan Qwest Funding, Settlement offer and request for review of my DRE complaint:

1) I am offering to settle the TCPA and advertising violations for $3,000 by 5 PM Friday, 10/28/05

2) I am offering to reduce the amount to $2,000 if you provide me with your contract with the faxers and your notarized affidavit certifying its authenticity.

3) Settlement proceeds in excess of $500 to be donated to a charitable organization of my choice.

4) Please review my attached DRAFT of my DRE complaint for accuracy and advise of any inaccuracies.

5) Please provide me with all terms including FICO score requirements for the advertised loan.

The mortgage fraud is a lot more important than the junk faxes.  How does a piece of paper and some ink compare to a foreclosure, losing everything, divorce, illness, abuse --- peoples’ lives are destroyed by these God damned crooks!

Unfortunately, the regulators don’t care about the scams, they just want the working class to refi one more time, take some more cash out, pay off credit cards instead of discharging and of course, buy more crap they don’t need. 

Since at least August I’ve been trying to get the terms for this awful loan:

Housing sales slowing down - house-poor Californians - mortgage fraud rampant

Every time I call on a junk fax, I get lied to and they insist that the interest rate is 1%.

Unlicensed loan agent Sherwin at Loan Qwest hung up on me and I couldn’t even find any info anywhere about them since I searched for “Loanquest Funding”, “Loan Quest Funding” and whatever incorrect variations of their name.  I thought I wasn’t hearing right when I got a call from their “quality control” yesterday.

He admitted that they knew about the faxes since I complained only about not getting the loan terms.  Then I got a call from the manager, Derek Jebo?, a total asshole.  He was extremely condescending, telling me to get on with my life and eventually he hung up on me.

Today I got a call from the broker of record Sean Ashkan Haghi.  He wanted to send me copies of their LEGAL advertising.  What an idiot.  He is also personally involved with arranging the marketing and protected those crooks, refusing to give me a name and the contract.  The fax header listed “ConsumerLinknow” - I couldn’t find the company.

Of course the purpose of sending Haghi my DRAFT of the DRE complaint for review is to give him the opportunity to come clean.  I doubt he’ll spill the beans on the faxers, but not taking this opportunity will hopefully get the DRE to investigate and suspend his broker license.

Should Mr. Haghi decide to name the faxers and finally quit buying leads from junk faxers (he or one of his agents settled at least one other junk fax suit earlier this year), I’ll certainly change the DRE complaint to include the faxers.  I’d even go as far as dropping him entirely if he sues the faxers after he settles with me.  Fat chance that’ll happen.

So much has happened lately and I’m way behind on posting.  I’ve sued more Cal. junk faxers in small claims and am definitely working on getting everything to the Cal. AG’s office, looking into corruption at the DRE, asking why Schwarzenegger appointed a junk faxer to chairman of the Cal. Housing Agency, etc. etc. etc.

It’s NOT about the faxes, it’s about the corruption at the highest levels of government.

I may not be able to change it, but at least I can document and publicize it.

Wednesday, October 19, 2005

My small claims suit against Bridge Capital (The Mortgage Standard)

I just posted the junk fax and complaint.

I was transferred to “The Mortgage Standard” when I called the number on the fax. Mike Clark told me that they are a branch of Bridge Capital. I called back several times to confirm and of course legally recorded the calls in Arizona.

After filing I received a call from Russell Cummings, paralegal for Bridge Capital and he requested a copy of the junk fax.

On 9/7/05, I faxed it to him:

“I received your VM and you can currently contact me directly at the number above, however, the 206-202-4653 is my permanent number.

I’m attaching the fax and just called the advertised 888-469-7826 again. I spoke with Chris Clark, who advised that he owns Bridge Capital Branch # 266.

Is that not true?”

By 9/12, I was finally able to confirm that he received my fax, he advised that he is still researching and would get in touch with me shortly.

It’s now over a month later, I haven’t heard from him. We’re scheduled for mediation in early November. 

Thursday, June 30, 2005

My CBSK (American Home Loans) discovery requests

I posted my requests at CreditCourt—those are my first discovery requests and I think I screwed up because AZ doesn’t allow any sub questions in the interrogatories.  It’s not a big deal though - but don’t just copy what I do.

Watch what happens and read YOUR rules.  I think in some states they have only 30 days.  I worked off samples from another state, didn’t come up with that legalese myself.

I haven’t posted the CBSK Answer and Inititial Disclosures yet, it’s a lot of scanning and I run out of time—been very busy lately.

Mandatory court arbitration is scheduled for late August. 

The arbitrator requested that the CBSK attorney extend professional courtesy assisting with some joint filing prior to the hearing - as everybody knows, I don’t have a CLUE what to do and hope that the publication of my legal ventures helps other pro se litigants.

Updates, my DRE complaint, the faxes and communications are posted at CBSK (American Home Loans) at Fight Back!!!

CBSK had offered to settle the 4 junk faxes for $500 and they obviously expect to do well in arbitration—Kingman isn’t exactly the consumer rights capitol of the nation. 

I’m looking forward to see how CBSK responds to the discovery requests, should hear from them within a couple of weeks.

As I read the AZ rules, the arbitration order IS binding unless I want to risk paying the CBSK legal fees if I don’t get at least 10% more in court.  So unless the award is really low, I’ll just file in Cal against Infasource, Hyatt, Molnar and whoever else is responsible for the 4 junk faxes for whatever I didn’t get from CBSK.

Infasource and Hyatt got dismissed because I don’t have personal jurisdiction in AZ as they don’t do business in AZ and faxed to my WA fax #.  CBSK originates loans in AZ, so they didn’t put up a fight and at issue is the dollar amount.

Sunday, April 10, 2005

4/8/05—my DRE complaint about Infasource and Hyatt, CBSK, Bob Molnar, Archer Finance, Prime One

You can expect a junk faxer like Hyatt to lie and to commit perjury. 

The conduct of the DRE brokers sure is perplexing.  Is the DRE just another agency working to protect its members, the brokers?  Is that why Laura Archer (broker Archer Finance) and Todd Dalton (broker Prime One Financial) decided to simply ignore my suit?

CBSK, dba American Home Loans, apparently condones the illegal marketing.  My correspondence with their attorney Russell Grandy is posted at Fight Back!!!

Grandy is a liar, another scum sucking bottom feeding attorney.  I will never talk to him on the phone again unless I have his permission to record. 

We shall see what happens.  The long promised press release is next.  Wish I could triple the hours in my day.

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Saturday, April 09, 2005

My 4/8/05 request for FCC Citation of Hyatt and Infasource, Inc.

I still can’t believe that Hyatt had the nerve to lie about my “registration.”

Below is my complaint to the FCC.

MORE...

Wednesday, April 06, 2005

Keith Hyatt and Infasource filings and my response

I posted the 3/14/05 Infasource & Hyatt filings and my response

It’s hilarious that they continue to claim that I “registered” for the junk faxes.

I sure hope that LOTS of people sue Hyatt and the brokers he sells to.  While some brokers really don’t know that the leads come from illegal marketing such as junk faxes and spam, they *are* responsible for the marketing.

At the very least they ought to provide all information and documentation about the lead generatior instead of covering up for morons like Hyatt.

And of course they can and should sue Hyatt.

Wednesday, March 30, 2005

Who is OHL? (free mortgage “report” for homeowners with financial problems)

877-371-0632 ext. 2011 rem. 888-218-6187

Headline:

Homeowner Warning - “Unbelievable! I’ve lost Thousands of Dollars!”

The fax

I hate those totally false ads.

The fake “article”, the post-it fax sticker to make it look like it was sent to “Mary”—not to mention the awful content of the “article” with the horrible advice to consolidate bills into a mortgage.

Don’t ever do this if you can’t pay your bills.  Instead, consider bankruptcy and try to get your fresh start.  State law varies greatly, but usually a large if not all part of the equity is exempt and you can keep the house.

Consolidating unsecured debt into the mortgage is ONLY appropriate in very special ONE TIME situations.  Unfortunately, so many people continually refinance their debts into their mortgages, often even into ARMs and we’ll see massive foreclosures as rates go up.

Well, I ordered my report, but recall ordering once before and never received anything.

Is this just a ploy to get phone numbers?

I didn’t leave a number.

Saturday, February 26, 2005

Is Dana Capital’s “Ron Connors” the certified nonprofit’s “Ken Hall?”

They sure sound a LOT alike!

I’d like to know if it’s true that Dana Capital employees don’t use their real names.  Please contact me if you have any info on this or their relationship with Irvine based Sound Media.

Thursday, February 24, 2005

“Irvine Funding” - brand new front for Dana Capital Group?

I responded to the 2/17/05 mortgage junk fax with no name, fax only: 800-595-0084 rem. 800-595-0046

Today I received a VM from Raymond, Dana Capital 877-514-3863 ext 218 or direct at 949-450-5978

The junk fax and Raymond’s VM

Both #s were answered by “Irvine Funding” but on the VM Raymond IDs himself as Dana Capital.

Raymond’s direct 949-450-5978 is unlisted in Irvine, Cal.

I found no DRE license, nothing in a Google search for Irvine Funding, nothing for the 877-514-3863.

I called, but couldn’t get to a person.