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Home > Scam Reporter > United Mortgage Consulting / Patrick Kojima – Consumer Complaint – November 1, 2012

United Mortgage Consulting / Patrick Kojima – Consumer Complaint – November 1, 2012

Consumer Statement:

In February, 2012 via U.S. postal service, we received an “Important Mortgage Reduction Refinance Notice” from a company calling themselves “United Mortgage Consulting (UMC), Inc.” Knowing that mortgage rates are at all time lows, we called the number on the letter to inquire about the program. Note: we had tried to refinance locally through a couple different lenders, but none said they could help us. They all stated the same reasons. We have “lender paid mortgage insurance” and that meant we could not refinance. Our rate is at 7% and no one would help us. That is, until we spoke to a polite and seemingly knowledgeable professional at UMC calling himself Patrick Kojima. We explained our situation to Patrick and he said he could definitely help us. He promised us a rate no higher than 2.6%. He stated that he was a “wholesale vendor for CitiMortgage” and he would put us through their refinance program. Af ter sharing all of our personal and financial information with UMC and then wiring them $3,997 to proceed, we got a conditional approval letter from CitiMortgage (on what appeared to be official letterhead). It wasn’t long after when Patrick called us and stated that the CitiMortgage program was no longer available and he had a better option anyways. At this point, Patrick sent our file on to another company called “KAT Capital, LLC” out of Ft. Lauderdale, FL (UMC is located in Newport Beach, CA). KAT Capital seems like a legitimate company, but after they drug us along to no resolution for the past 6.5 months, we are concerned with their business practices as well. Although KAT Capital has always been extremely slow and inaccurate with responses, they at least have replied to us. For the past few months, every option we know of to reach UMC has been exhausted. All phones are disconnected, their website is down, and they have vanished into thin air. Now we are out $3,997.

Consumer Action Taken:

1) Called all available phone numbers (all are disconnected). Sent e-mails to all available e-mail addresses. Did online research and found complaints from others in exact same situation (most from Scambook.com).

2) Sent letter requesting full refund. Enclosed contract clearly stating that UMC owes us our money back.

3) On numerous occassions, asked KAT Capital to take some responsibility for their partnership with UMC. KAT Capital only gives us an e-mail to UMC (which we already have and no one has responded).

4) We have notes and written proof of every contract, every conversation that has taken place since February 2012 when we started this. UMC has just totally disappeared. Three other names at UMC were involved. Diana, Tiffany, and Brad J. We spoke to Diana on a few occassions and e-mailed Brad J. towards the beginning of this process.

Date This Problem Happened: February 24, 2012

State You Live in: Colorado

Race/Ethnicity: White

Age Range: 21-35

Total Amount of Fee Paid: $3,997

Company Name: United Mortgage Consulting / Patrick Kojima

Company Address:

3419 Via Lido
#117
Newport Beach, CA 92663

Company Telephone Number: 866-971-7827

Website of Company: unitedmortgageconsulting.com

United Mortgage Consulting / Patrick Kojima   Consumer Complaint   November 1, 2012

United Mortgage Consulting / Patrick Kojima   Consumer Complaint   November 1, 2012

Contract

UMC Inc
Analysis Agreement Terms and Conditions

This Analysis Agreement (“Agreement”) is made and entered into on this _________ day of _____________, 2012, by and between UMC Inc, (Here in after referred to as “UMC Inc”), and
________________________________, Consumer(s), (hereinafter referred to as “Consumer”), residing at _______________________________________________________________.

Consumer(s) accept the terms and conditions described below, and warrant and represent that Consumer(s) have the legal capacity to enter into this Agreement.

1. Services Granted to Consumer(s): Consumers will be provided with a full analysis and a complete audit of Consumer(s) financial situation pertaining to the Consumer(s) eligibility for any workout relief or debt restructuring resolutions that is specifically designed to fit the Consumer(s) particular lending institution. Upon UMC Inc’s completion of such analysis, Consumer will be provided with all applicable information, applications, documentations, and requirements needed in order for the Consumer(s) to apply for hardship assistance through the respective Consumer(s) lending industry, independently, and without the assistance of UMC Inc. The package to be provided to the Consumer(s) may include, but is not limited to, the following: Borrower and Co-Borrower Information used to formulate findings; Delinquency Status; Subject Property Information used to formulate findings; Analysis and thorough description of Loan Type; Consumer(s) eligibility for an explanation of the Making Home Affordable Modification Program, Net Present Value Figuration, Cap Modification, Flex Modification, HAFA Short Sale Program. The analysis package shall also include necessary applications that are required for certain programs that the Analysis has deemed the Consumer to be eligible for. Documents to be provided within the Analysis may include, but are not limited to, the following: HAMP Affidavit, RMA, Lender Specific Worksheets, Lender Cost Analysis, Lender and Client Loan Modification Proposal, HAMP Proposal, and FHA HAMP proposal. Consumer acknowledges that UMC Inc is merely providing an analysis and related documentation for Consumer’s loan, and that UMC Inc is not providing any service relating to the negotiation with Consumer’s lender for a modification of Consumer’s loan. Upon Consumer’s receipt of the analysis and document described in this Section 1, UMC Inc shall have no further obligations under this Agreement.

2. Responsibilities of the Consumer(s): Consumer(s) is responsible for providing complete and accurate information in order for the Analysis to be generated correctly. If at any time the information provided to UMC Inc is false or incorrect, UMC Inc will not be held responsible for inaccurate or inconsistent findings that are based upon the misleading information.

3. Performance of Services by UMC Inc; Guarantee: UMC Inc agrees to perform the Analysis offered in this Agreement to the specified Consumer(s). UMC Inc shall maintain the security and confidentiality of each Consumer. Consumer acknowledges that he/she/they understand that UMC Inc is not a loan modification company and will not be assisting the Consumer in applying for any loan workout option. UMC Inc is not an attorney, and will not give legal advice other than information pertaining to the materials in the completed modification packet. At no point does UMC Inc sell or represent legal services. Consumer gives UMC Inc permission to access reports and information pertaining to Consumer(s) financial situation and use the gathered information for research in order to complete the Analysis. Consumer acknowledges and agrees that the services herein do not come with any specific, stated and/or implied warranties, representations, and/or guarantees of performance by UMC Inc and/or its affiliated Third-Parties.

4. Parties Involved and Limitations: Consumer(s) fully understand and acknowledge that UMC Inc will not contact Consumer(s)’ lender for the purpose of applying for hardship assistance on behalf the Consumer(s). Further, UMC Inc will not perform any negotiations with Consumer(s) lender nor submit any portion of this Analysis to the Consumer(s) lender. The Analysis is produced for the use of the Consumer and the Consumer may use the Analysis as he/she/they see fit. UMC Inc , in its own discretion, may utilize a third-party to complete the Analysis. Consumer acknowledges and understands that UMC Inc and its affiliated third-parties are sole and separate parties that they do not share officers, directors, shareholders, agents and/or employees. Consumer further agrees that each party acts as a separate entity and are only responsible for acts, omissions and representations directly communicated to the Consumer by such party.

5. Confidentiality: For purposes of this section, “Confidential Information” shall mean all information disclosed under this Agreement, such as: social security numbers, tax returns, bank statements, loan sources, loan rates, escrow companies, title companies, credit reports, contractual relationships, and any other information received from the Consumer. All Confidential Information obtained on behalf of Consumer(s) will not be disclosed to any third party, except as required under this Agreement. The parties agree to hold confidential information in the strictest of confidence at all times.

6. Fees; Payment: In consideration of the preparation and delivery of the Analysis and accompanying documents, Consumer shall pay to UMC Inc $3997.

7. Refund Policy: We UMC Inc will supply our customers with a refund up to 100% minus services rendered if and when all possible options have been extinguished and client has fulfilled all terms and conditions of service agreement, and providing the information that the client provides to UMC Inc is entirely truthful and accurate. No refunds shall be granted if client decided to opt out of services after deposit or monies have been received. Refunds will be issued no later than 30 days from when a client gets a written response from their lender stating that they were not eligible for assistance, and has been sent to UMC Inc.

8. Disclaimers; Limitation of Liability: UMC Inc and all of its respective affiliates, directors, officers, agents, and third-party referrals (collectively referred to as “Providers”) expressly disclaim all warranties of any kind, whether express or implied. The Providers make no warranty that the Analysis will meet all of Consumer(s) financials needs and/or obligations. The Providers are not a law firm and will not provide legal representation. The Providers are not affiliated with any state, federal, or government agencies and/or programs. Any discussion of Consumer(s) qualification for a private, federal, state, or government debt adjustment program by Providers are merely an independent opinion on whether the Providers believe Consumer could qualify under any private, federal, state, or government debt adjustment program based on the information provided by the Consumer for analysis. Providers do not guarantee or represent that the analysis and documents provided to Consumer under this Agreement will enable Consumer to independently obtain a modification, adjustment or restructure of Consumer’s debt. Providers make no representations regarding the time it will take Consumer to independently obtain a debt adjustment, if an adjustment may be obtained at all. All facts provided by Providers are based off of historical facts, and national averages, and are not a prediction of Consumer(s) actual results. A Consumer(s) failure to pay his/her/their monthly secured and/or unsecured debt obligations may impact Consumer(s) credit and/or ability to qualify for a debt adjustment program, and may result in the lender taking action against any collateral that secures the debt.

9. Binding Arbitration; Governing Law: The Agreement shall be governed by and interpreted in accordance with the laws of California. Any controversy or claim arising out of fees paid and their allocation or in connection with this Agreement, or breach thereof, including any questions regarding its existence, validity, or termination, shall be settled by binding arbitration. The arbitration shall be conducted by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration hearing shall be conducted pursuant to the California Rules of Evidence and will take place in Orange County, CA

10. Facsimile/Photocopy Signatures: The parties mutually understand and agree a facsimile and or a copy of this Agreement shall be deemed an original for all lawfully enforceable purposes. By virtue of their signatures below, Consumer(s) acknowledge that he/she/they have read, understand, and agree to every term, covenant, and condition of this Agreement and that he/she/they have received a true and complete copy hereof, effective on the date stated herein.

Consumer Signature: ____________________________________ Date: _________________________
Consumer Printed Name: ______________________________
Consumer Signature: ____________________________________ Date: _________________________
Consumer Printed Name: ______________________________

KAT Capital, LLC
4331 North Federal Highway, Suite 308, Ft. Lauderdale, FL 33308
Office: 954-606-6590  Fax: 855-654-6290

Mortgage Loan Negotiation Agreement Terms and Conditions

This Mortgage Loan Negotiation Agreement is made and entered into on this _________ day of
_____________, 2012, by and between KAT CAPITAL, LLC, (hereinafter referred to as “KAT CAPITAL”), and _____________________________________________, Client(s), (hereinafter referred to as “Client(s)”). Client(s) agree to enter into this Mortgage Loan Negotiation Agreement (hereinafter referred to as “Agreement”) with KAT CAPITAL, as an independent contractor to negotiate the restructuring of mortgage terms, loan modification, deed in lieu, forbearance, and/or short sale transaction, as applicable, for a residential mortgage loan currently encumbering the Client(s) subject property located at: Property Address: __________________________________________________________________________

Client(s) accept the terms and conditions described below, and warrant and represent that Client(s) have the legal capacity to enter into this Agreement.

1. Nature of Relationship: In connection with this Agreement, KAT CAPITAL is acting as an independent contractor and not as Client(s) agent. Client(s) authorizes KAT CAPITAL to use its best efforts in performing the negotiations. Client(s) shall be under no obligation to accept any mortgage refinancing or exit strategies presented to him/her, and may reject any of the foregoing for any reason solely determined by Client(s). Client(s) acknowledges and agrees that there are many variables that are beyond KAT CAPITAL’S control. Therefore, KAT CAPITAL does not guarantee any particular result or outcome regarding the negotiation services. Client(s) hereby authorizes his/her/their mortgage lender to correspond and consult with KAT CAPITAL on Client(s) behalf.

2. Client(s) Responsibilities: Client(s) acknowledges and agrees that ultimately the success of the services being provided hereunder is contingent on the Client(s) cooperation with the KAT CAPITAL. In light thereof, Client(s) shall be responsible for the following:

• Client(s) agrees to provide KAT CAPITAL with all documents and information requests in a
timely manner (within 5 business days) and make him or herself available during business
hours to answer any questions KAT CAPITAL may have.

• Client(s) agrees to provide accurate and truthful information to KAT CAPITAL, which may be verified by Client(s) lending institution and/or KAT CAPITAL.

• Client(s) agrees not to engage another Real Estate, Mortgage Consulting, and/or Financial Consulting business to perform any services during the term of this Agreement unless approved to do such business engagement by KAT CAPITAL.

• Client(s) agrees to immediately forward all correspondence received from Client(s) mortgage lender to KAT CAPITAL via fax or e-mail. (Fax: 855-654-6290 and/or Email: [email protected])

• Client(s) affirms that he/she/they have not accepted any prior loan modification to the subject property specified in this agreement within the last twelve months.

• Client(s) understand that failure to cooperate and adhere to the responsibilities listed above may cause a detrimental effect in the negotiation process, and, at the discretion of KAT CAPITAL, Client(s) file will be suspended from any further processing without notice. KAT Capital, LLC

3. Services Granted to Client(s): KAT CAPITAL will discuss loan products and/or loss mitigation alternatives available to Client(s), identify problems that may impair applicant(s) eligibility for loan and/or loss mitigation alternatives, assist applicant(s) in completing loan and/or loss mitigation application and documentation requirements, order reports, document preparation, calculating the debts, analyzing the income, and attempting negotiations with the homeowner’s lender(s), package and submit loan and/or loss mitigation application and documentation to one or more lenders as applicable, coordinate the acceptance of the loan and/or loss mitigation alternative approval or commitment by a lender, serve as liaison between Client(s) and lender(s) for subsequent correspondence and communication. Client(s) acknowledges and agrees that the services being provided hereunder do not include foreclosure defense. In the event the Client(s) are served with a foreclosure complaint during the performance of the aforementioned services, legal representation will not be provided to Client(s) from KAT CAPITAL.

4. Confidentiality: For purposes of this section, “Confidential Information” shall mean all information disclosed under this Agreement, such as: social security numbers, tax returns, bank statements, loan sources, loan rates, escrow companies, title companies, credit reports, contractual relationships, and any other information received from the Client(s). All Confidential Information obtained on behalf of Client(s) will not be disclosed to any third party, except as required under this Agreement. The parties agree to hold confidential information in the strictest of confidence at all times.

5. Decision; Offer from Mortgage Lender: In applying for this loan and/or mortgage loan mitigation, Client(s) acknowledge that Client(s) have reviewed their personal and financial situation and that Client(s) are responsible for determining whether to proceed with a mortgage loan negotiation. Client(s) further acknowledge that Client(s) have made the decision to accept any offer made from Client(s) mortgage lender on his/her/their own free will and have not solely relied on the advice of KAT CAPITAL or its colleagues in deciding to proceed with a loan or mortgage loan negotiation.

6. Fees; Time of Payment: As consideration for the negotiation services performed by KAT CAPITAL on behalf of Client(s) with Client(s) mortgage lender(s), Client(s) agree to pay KAT CAPITAL a total flat fee in the amount of $250.00 (two hundred fifty dollars) upon successful outcome of the negotiation process on the Primary Mortgage Lien. In addition, Client(s) agree to pay KAT CAPITAL a total flat fee in the amount of $100.00 (one hundred dollars) upon successful outcome of the negotiation process on Second Mortgage Lien. A successful outcome of the negotiation process is defined as any of the following: the restructuring of mortgage terms, loan modification, forbearance plan, repayment plan, deed in lieu, short sale transaction, and/or any other resolution that is offered from Client(s) mortgage lender to Client(s) due to the negotiation services provided by KAT CAPITAL on behalf of the Client(s). Once a resolution is obtained, Client(s) are required to make payment in full to KAT CAPITAL within five (5) business days, in the form of Cashier’s Check or Money Order. Failure to provide payment as agreed upon will result in the revocation of the resolution offered to Client(s), negative reporting on Client(s) credit report, and/or legal ramifications as deemed just and proper.

7. Refund Policy: Client(s) understand that he/she/they have not paid any fund to KAT CAPITAL and KAT CAPITAL has not received any funds in and form from the Client(s). Client(s) are not required to pay KAT CAPITAL until a resolution is achieved. Client(s) will not be entitled to a refund once a resolution has been reached. It is the responsibility of the Client(s) to maintain the new financial outcome/plan. Client(s) failure to make timely payment to Client(s) mortgage lender as required may cause the mortgage lender to cancel the resolution at which time KAT CAPITAL is not responsible for such cancellation and therefore, a refund will not be issued.

8. Disclaimers; Limitation of Liability: KAT CAPITAL, LLC, and all of its respective affiliates, directors, officers, agents, and third-party referrals (collectively referred to as “Providers”) expressly disclaim all warranties of any kind, whether expressed or implied. The Providers make no warranty that the negotiation services will meet all of Client(s) financials needs and/or obligations. The Providers are not a law firm and will not provide legal representation. The Providers are not affiliated with any state, federal, or government agencies and/or programs. Any discussion of Client(s) qualification for a private, federal, state, or government debt adjustment program by Providers are merely an independent opinion on whether the Providers believe Client(s) could qualify under any private, federal, state, or government debt adjustment program based on the information provided by the Client(s) for analysis. Providers do not guarantee that Client(s) debt and/or credit will be restructured. Providers make no representations regarding the time it will take to obtain a debt adjustment, if an adjustment may be obtained at all. Providers do not guarantee that the negotiations it provides to Client(s) will result in a debt adjustment. All facts provided by Providers are based off of historical facts, and national averages, and are not a prediction of Client(s) actual results. A Client(s) failure to pay his/her/their monthly secured and/or unsecured debt obligations may impact Client(s) credit and/or ability to qualify for a debt adjustment program.

9. Binding Arbitration; Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of Florida. Any controversy or claim arising out of fees paid or in connection with this Agreement, or breach thereof, including any questions regarding its existence, validity, or termination, shall be settled by binding arbitration. The arbitration shall be conducted by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in a court having jurisdiction in the State of Florida. The arbitration hearing shall be conducted pursuant to the Florida Rules of Civil Procedure and will take place in Broward County, Florida. The claim or amount in controversy is limited to the amount as paid by Client(s) to KAT CAPITAL, LLC.

10. Fax/Photocopy Signatures: The parties mutually understand and agree that a fax and/or photocopy of this Agreement shall be deemed an original for all lawfully enforceable purposes. This Agreement shall have NO EFFECT until it is dually signed by both the Client(s) and a manager of KAT CAPITAL, LLC.

By virtue of their signatures below, Client(s) acknowledge that he/she/they have read, understand, and agree to every term, covenant, and condition of this Agreement and that he/she/they have received a true and complete copy hereof, effective on the date stated herein.


If you feel you’ve been financially hurt by a debt relief company and deserve a refund, read these step-by-step instructions on how to proceed to attempt to get your money back.

If you do get your money back, come back and leave a comment about it. I’d love to praise companies that step-up and do the right thing for people.

Scam reports are submitted by consumers like you. If you would like to file a scam report, please click here.

If you are the company named in this report and you want to respond, please read How to Handle a Consumer Complaint Like a Pro And Come Out Smelling Like a Rose

United Mortgage Consulting / Patrick Kojima - Consumer Complaint - November 1, 2012 by

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