| TIG The Investment |
| TIG The Investment Group Larry Higgins failure to honor contract Indianapolis, Indiana |
| 12th of Jan, 2011 by User455513 |
I have been dealing with Larry Higgins of TIG The Investment Group, Inc. I believe him to be a mortgage broker. I deposited $6,500 with him to secure a Mutual Business Agreement (MBA), on Oct. 28th, 2010. Both parties signed this agreement. TIG's service was to find funding for an income producing property purchase of my choosing.
I was unable to secure a purchase contract on the property I was interested in when that MBA was signed. We changed the type of property we would pursue funding for, and on Nov. 17th, I signed a revised MBA. The existing $6,500 deposit would be used to secure the new MBA. To this date I have not received that contract signed by a representative of TIG. Both of the MBA's contain language which makes the $6,500 deposit refundable.
Due to numerous communciations with Larry Higgins, in which he seemed to not remember what he was supposed to be doing for me, and 7 weeks with no apparent progress in underwriting, on Jan. 11th, 2011, I requested he terminate our relationship and the contract, and return the full deposit to me.
He has refused to return the deposit and even refused to quit pursuing a loan on my behalf. Both of these are in direct violation of his contract. When he honors the contract and returns my deposit I will update this post. I will also update if I have to take it to arbitration. Until then, beware.
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To Whom It May Concern...
There’s always two sides to every story! We will respond shortly to Mr. Randy Deones, owner of: Harmony Winds of Oregon, LLC, false report here with the truth on what happen and will back up our report with his commercial loan documents and other items that will show that he truly misrepresent his company and himself on what he said in our first telephone conversation and what was presented to our investment group commercial loan documents / bank statements was totally different. This is in direct violation of our Mutual Business Agreement (MBA). We will let the readers decide and make their own decision. Until then, lenders beware. Thank you!
Sincerely,
Larry Higgins
President/CEO
The Investment Group, Inc.
February 10, 2011
Rip-off On-line Complaint Filed By: Mr. Randy Jay Deones
Rip-off On-line Complaint Response By: The Investment Group, Inc.
On October 23, 2010, I, Larry Higgins, had a telephone conversation with the client about his desire to purchase a commercial property, and he informed me that he was seeking commercial funding. We spoke briefly about the commercial property, its location and its purchase price, along with our funding programs. I asked the client about his personal and business credit as well as personal and business financials. Then, I discussed the payment that he would need to put down on the commercial property, and, informed him of our commercial funding programs. He assured me that he had excellent credit, financial statements, banking statements and proof of funds. So, I explained to the client our commercial funding programs and what it would take to become our client. We went over our contract agreement, the Mutual Business Agreement (MBA), and our underwriting fee, along with our refund policy and the time frame from start to finish. He said that he understood the terms and conditions and requested that we email him our MBA.
On October 23, 2010, as per our telephone interview, I placed a call to one of our private investors groups and told them about my telephone interview with the client and what he had told me about his credit, business and personal financials, banking statements, proof of down payment, etc. Our private investors group verbally came back with the following commercial funding program: interest rate 6.5%, terms of 3/27 (On a 30 year Amortization Schedule), no prepayment penalties (PPP) and 25-30% down payment of purchase price. However, it was subject to final approval. I called the client and told him the rate and the terms, and he said that they were fine and that I should email him our contract agreement MBA.
On October 24, 2010, I emailed our Mutual Business Agreement (MBA) to the client. On October 27, 2010, the client emailed the office asking if he could pay his underwriting fee by credit card. On November 01, 2010, I called the client to confirm that the bank wire of $6, 500.00 had been received and that we would email him a list of items that we would still need from him in order to start underwriting his file. On November 17, 2010, we sent an email to the client for those commercial loan documents. On November 19, 2010, the client emailed the office with the requested commercial loan documents to start underwriting his file for the commercial property purchase.
On October 28, 2010, the client emailed the office and said that he and the owner could not come to an agreement on the purchase price and that he had another commercial property that he wanted us to underwrite for him, but the commercial purchase would change from $500, 000.00 to $2, 500, 000.00. On November 01, 2010, the client wanted our investment group and partners to falsify a pre-approval letter that would show that he was capable of purchasing a commercial property of this magnitude and that would be given to the property owner. This would allow the client to obtain confidential information about the owner and his commercial property (please see copy of email). After hearing this and doing our due diligence on the commercial property, we immediately emailed the client and told him that our investment group and partners wouldn’t be writing him a falsified pre-approval letter for this commercial property. We also informed him that this commercial property would not even pass our investment group/private investor’s site inspection and that since appearance means a lot to our investment group/private investors, and with that said, we were going to pass on this commercial property. So, the client asked us to send him a new MBA (please see attached the commercial property pictures). The new MBA was never signed, because we are still underwriting his personal file and working on the first commercial property purchase to see if he qualifies for any commercial loan. Unfortunately, after reviewing his commercial loan documents, things are not matching up with what he told me in our first telephone interview.
Email Copy from the Client: 11/01/2010
-------Original Message-------
From: Randy Deones Date: 11/1/2010 9:30:05 PM
To: The Investment Group, Inc.
Subject: pre-qual
Hello Larry, Without underwriting anything, would you be willing to prepare a very short non-committal pre-qualification letter, something like this;
“We have reviewed the credit and experience of Randy Deones, CEO of Harmony Winds of Oregon, LLC, and we are willing to underwrite funding for him on a $2, 150, 000 property purchase, provided the property meets our income and equity guidelines”.
Plus or minus any other language you would feel comfortable with. I don't want to waste your underwriting efforts, unless this shortsale bank is willing to play ball. The seller is acting like they want to see something from me before even signing a letter of intent, and I'm sure the shortsale bank will want to see something from me as well.
Thanks, Randy
On December 15, 2010, our office was closed for the holidays and reopened on January 10, 2011. I spoke to the client about our time frame. He said that he understood and gave us until January 17, 2011 to give him an answer. I should add that the client repeatedly mentioned not wanting us to completely underwrite his file. After reviewing everything and looking back, we now understand why. On January 11, 2011, the client terminated our contract agreement and demanded a full refund immediately or he would file a complaint with the Better Business Bureau (BBB) and Rip-off file on-line (please see copy of client threatening email). On December 7, 2010, I went over with the client our office holiday schedule and told him that we should have our answer on or before January 15, 2011. Although he initially found this to be acceptable later on this was not satisfactory to the client (please see email copy from the client above).
Email Copy from Client: 01/11/2011
-------Original Message-------
From: Randy Deones Date: 1/11/2011 12:19:44 PM
To: The Investment Group, Inc. Subject:
Re: Respond 01-11-11
Larry,
If the money is not deposited in my account by tomorrow. On Thursday I will file a complaint with BBB and the ripoff report online. If you take care of it through the BBB I would report that you honored your contract with me on the ripoff report site. If this doesn't get resolved through the BBB, I'll take it to the court room and see what they have to say. I agree this is enough emailing. This will be my last one.
Randy Deones
On January 15, 2011, our underwriting was complete and we found that the client had misrepresented himself and his company, and that he did not have proof of his down payment for the commercial purchase and he was not qualified to use our down payment assistant fund program. Furthermore, the client never had the credit with his business to even make a commercial purchase of any amount. He was in direct violation of our MBA. Please see copy of client’s commercial loan documents and the copy of our MBA, especially sections 3.1, 3.2, 3.3, 3.4, which describe our early contract cancelation policy and the fact that refunds are not given for early cancelations while the company is underwriting the client’s file. We believe that this client only canceled his contract agreement with our company because he knew that he did not qualify for a commercial loan and he thought that we wouldn’t catch it.
Copy of our Mutual Business Agreement (MBA) Sections: 3.1, 3.2, 3.3, 3.4..
SECTION THREE:
3.1 [Client] has agreed to compensate [Company] for its services by means of a Success Fee commission of one percent (1%) of [Client] loan amount and/or any loan closings, as described in Exhibit A and herein, pursuant to the terms of this agreement.
3.2 Underwriting / Processing Fee: [Client] shall, upon execution of this Agreement, deposit with the business escrow account of The Investment Group, Inc., an underwriting processing fee in the sum of Six Thousand Five Hundred USD $6, 500.00, in the form of certified funds, as evidence of good faith. See Paragraph 3.6 below, at such time as any private investor(s) or commercial lender(s) of record issue a commitment substantially in accordance with the terms set out in this Agreement or on other terms satisfactory to [Client]. In the event that a commitment is not issued, said deposit will be immediately refunded to [Client], with the exception of Three Thousand Five Hundred USD $3, 500.00, which will be withheld to cover the [Company]’s loan submission of costs, including, but not limited to, telephone conferences and meetings with private investor(s) commercial lender(s), credit report(s), underwriting processing fees, aerial photos, photographs, maps, printing, binding, transportation, long distance telephone calls, telefax, delivery service, and postage or courier service.
3.3 [Company] has agreed to refund one hundred percent (100%) of [Client]’s underwriting processing fee of Six Thousand Five Hundred USD $6, 500.00 three (3) days after [Client]’s commercial project loan has closed. These funds will be bank wire transferred back into [Client]’s business account.
3.4 Company Refund Policy: [Company] has agreed to offer its [Client] a performance bond guarantee that [Client]’s fee of Six Thousand Five Hundred USD $6, 500.00 will remain in its business escrow account until [Client] has received any lender(s) commitment letter and/or letter of intent (LOI) that will be acceptable for all parties involved. However, once the underwriting and processing of [Client]’s commercial loan is complete, if at that time [Company] feels that neither it nor its commercial lender(s) private investor partner(s) are able to provide [Client] with any commercial funding for its commercial project at this time, than [Company] has agreed to refund [Client]’s said deposit, with the exception of Three Thousand Five Hundred USD $3, 500.00, which will be withheld to cover all of [Company]’s expenses (See Section 3.2). However, once [Client] has received a commitment letter and/or a letter of intent (LOI) from one of [Company]’s commercial lender source(s), no refunds will be given, except when the loan closes. [Client] has agreed and understood that it is not entitled to receive a refund if the loan is canceled by either party for any reason while the [Company] is in the process of underwriting and processing [Client]’s commercial loan and/or placing it with our commercial lender(s) private investor partner(s). This will keep all groups motivated to provide [Company] the proper loan documents that will be required by [Company]’s in-house underwriting processing team and its commercial lenders in order to underwrite and process [Client]’s commercial project loan in a timely matter.
How We Plan to Handle this Client’s Complaint:
We have decided that the client was in direct violation of our MBA by misrepresenting himself and his company, and for early cancelation while underwriting the client’s file that’s set forth in our MBA. We also have discovered through some of our commercial lending sources that he has attempted this shameful thing before with other commercial lenders. At this time, we have decided to take this case to the arbitration board and let them decide.
If you have any questions concerning this correspondence, please feel free to contact me. Thank you for your time!
Sincerely,
Larry Higgins
President / CEO
CC:
TIG Legal Team
Board of Directors
File
IMPORTANT NOTE:
RE: State of Indiana Better Business Bureau
RE: The Investment Group, Inc.
The State of Indiana Better Business Bureau after reviewing all the evidence in this matter they came back and dismissed the complaint that was filed against our company by Mr. Randy Deones. Thanks! |
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This company should try to secure loan to people with processing fee being payed after the loan is secure. A lot of loan agent use processing fees as a reap off.
Thanks.
Samuel Babafemi Oyeniyi. |
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To the Readers:
The Investment Group, Inc. (TIG) is a nationwide investment firm that helps candidates find commercial funding for their commercial projects. The company is only seeking candidates that have there shit together with no time to waste. This company is the real deal with lots of connections. So, just beware if you don't have your proper loan documents that it takes to get a commercial loan then you are just wasting their time and your underwriting processing fees. Just to warn you. Good luck! Thank you for your time!
Sincerely,
W. Brown
President/CEO
Browns Capital Group, Inc. |
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