VIOLATIONS OF THE TEXAS MANUFACTURED HOUSING STANDARDS ACT In the course of selling manufactured home, ___Homesales LLC. (salesperson) engaged in practices declared unlawful by the Manufactured Housing Standards Act (MHSA). Such acts include FALSE OR MISLEADING INFORMATION
See Tex. Occ. Code § 1201.507 (a)(1)(2); Providing a false loan application to Triad Financial
Services / Yes Financial LLC.
DOWN PAYMENT
See Tex. Occ. Code § 1201.508 (d); Requiring to make a down payment prior to their execution of a sales contract.
FALSE, MISLEADING, OR DECEPTIVE ACTS
. See Tex. Occ. code § 1201.603 (a); Violation of any part of practice. All the above-listed violations of the MHSA are also violations of DTPA.
CREDIT APPLICATION employed salesperson for ___Homesales LLC. and "corporation" LLC. mobile park intentionally altered and falsified information on the credit application that I had filled out and returned to salesperson along with my tax returns 2019 and 2020. These are the items that were altered and falsified: Application dated October 26, 2021 - The paper credit application that was completed by myself and handed to salesperson was on or about October 21, 2021. I was then told it would take at least 48 hours for a response. I was approved by email on October 26, 2021 at 7:46 a.m by ____Financial Services. The falsified credit application and the credit approval are dated the same date. Subject Property Address - I applied for a 2015 Belmont 2 at a different address which is on the credit approval. The address on credit applications is of the 2018 Isabella 2 which had not been discussed until after October 26, 2021 and was the home I ended up purchasing. Monthly Income - States I made $5,7810.00 a month and I make closer to $1,500.00 a month. salesperson had been given Tax returns for 2019 and 2020 for proof of income. Two Major Credit References - Has escrow payment information. Loan Originator Signature - Printed name and signed names are 2 different names DOCUMENTS INCLUDED Credit Application - Stated above. Barrera approval - Has home originally approved for which is not subject property address on credit application. Income Tax - 2020 tax return which was supposed to be used as proof of income. E-mail - Date and time of approval October 26, 2021 at 7:46 a.m. Adobe Certified - Stating that document signatures are not valid. DOWN PAYMENT On or about November 1, 2021, I was told by salesperson that if I put down the down payment of $20,000 I could lease until the closing of the home. On or about November 2, 2021, I returned with a $19,000 cashier's check. I had already put down $1,000 (money order) to hold the home that I originally applied for on or about October 21, 2021. The down payment is recorded on the Lease Agreement as a security deposit of $20,000. It is also noted on the Certification of Source of Down Payment but no source of payment option was checked off. It was paid with a cashier’s check and the date is on receipt. The down payment was taken before appraisal and nine days before closing.
DOCUMENTS INCLUDE Lease agreement - Has a down payment as a security deposit dated November 2, 2021. Certificate of Source Down Payment - No source is checked off and dates are different . Appraisal - Dated after the down payment was taken.Receipts - From cashier check with date for down payment but marked as security deposit Timeline
- On or about October 21, 2021, I spoke with salesperson who works for corporation LLC. mobile home park), and __Homesales LLC. (seller/salesperson), and told her I had a down payment of $20,000 and was interested in looking for a home to purchase. Went to look at 2 homes and put $1,000 to hold one and a $55 application fee. I filled out the credit application by hand for the 2015 Belmont 2 and handed it to her. I was told I would get a response in at least 48 hours.
- On or about October 26, 2021, I was approved by financial service via email at 7:46 am.
- On or about October 27-29, 2021, I emailed and called salesperson and did you not receive a response
- On or about October 30, 2021, Is when I told sales person I was interested in 2018 Isabella 2 that was at mobile home park. I was told to come in the following day.
- On or about November 1, 2021, I went to look at the home and was told by salesperson if I put the $20,000 as a down payment I would be able to rent until closing.
- On or about November 2, 2021 salesperson took the down payment $19,000 cashier check which is dated. I had given her $1,000 to hold home on or about October 21, 2021 for the Belmont 2 it was added to make $20,000. The down payment of $20,000 was written down as the security deposit on the Lease Agreement and on Certification of Source of Down Payment it states an amount of $20,000 but no source is checked and dated. It was taken days before the appraisal and nine days before closing of home. I also gave salesperson $1,372 in money orders for prorated rent and the remainder prorated was towards next month's lot rent after closing. I moved into the home as a renter.
- On or about November 11, 2021, I signed the closing documents and was told I would receive a copy the next few days, but I never received them.
- On or about May 15, 2022, I had a severe asthma attack which led to cardiac arrest leading me to be placed in an induced coma.
- On or about May 19, 2022, Knowing I was in a coma park filed a petition for eviction after being only 19 days late on lot rent.
- On or about June 1, 2022, I woke up from the coma to find all this information about my home. Left the hospital with very little motor skills and against medical advice because, if I was evicted because it would be considered abandon since Yes Financial LLC. was the financier. I would have to leave and the home would not let me move
- On or about June 14, 2022, (Manager from park) emailed me about mortgage options. I requested my original closing documents.
- On or about June 15, 2022 manager tried to get me to fill out loan modifications through email. I told her I wanted to see the original documents first.
- On or about July 12th and 18th, 2022, I emailed Manager of park again requesting copies of my documents. On this day, I tried to apply for mortgage assistance. Part of the application was to speak with debt consolidation group I was informed that I should not have been approved for the loan based on my Income to debt ratio. Still have not received my paperwork.
- On or about June 2nd, 7th, and 21st of 2022, I was in contact with Bank. Trying to get the paperwork through email.
- On or about July 22, 2022, I emailed S.L from Financial LLC. to reapply for Homeowners Assistance.
- On or about July 23, 2022, I sent manager an email that I was waiting for a response from Samministries and I told her I was going to reapply for mortgage assistance. I asked for the closing documents once again.
- On or about July 27, 2022, I received an email from manager stating I had to pay the entire balance or surrender my home. I still never received copies of my paperwork.
- On or about August 3, 2022, I emailed Bank and requested copies of my paperwork.
- On or about August 15, 2022, I sent debt validation letters to Financial LLC. via certified
- On or about August 4, 2022, Bank sent me a copy of the Promissory Note but not the other paperwork that I requested. mail and I sent a certified mail debt validation letter to Bank
- On or about September 21, 2022, Financial c/o Bank petitioned for the mortgage lawsuit.
- On or about September 27, 2022, I filled the Pro Se Answer for mortgage.
- On or about November 30,2022, I sent via email a letter to __Financial Services LLC. and Bank’s lawyer.
- On or about December 7, 2022, lawyer via email sent me a Confidential Settlement Offer and I respectfully declined.
- On or about December 29, 2022, I sent lawyer Debt validation letter through certified mail. No response. Lawsuit was dropped.
- On or about January 05, 2023, financial lawyer signed for certified mail receipt.
- On or about January 30, 2023, __Mortgage Corporation took over the mortgage.
- On or about April 2023, I talked to __Mortgage Corporation, told them they bought a fraudulent loan and told me to send proof. I sent proof along with a debt validation letter through certified mail.
- On or about May 19, 2023, __Mortgage Corporation successor in interest to ___Financial LLC. filed a petition.
- On or about September 22, 2023 Pro SE against Mortgage Corporation won Final Judgment. I didn't file correctly
I sent 60 day presuit. Their lawyer responded asked for resolution sent one to them. Emailed lawyer for update he told me they declined and that he could not respond to me anymore and gave me link to legal for them. They told me that the don't fill I have a case not to have further contact with them. So now Im going to sue.
