America Buys Foreclosures

Many of you have seen several of my blogs regarding America Buys Foreclosures; initially supporting this company followed by a seemingly mutual agreement by agents nationwide of disappointment.I was asked to remove my blogs (threatened with legal action by Megan Combs is more like it) and I did. I just don't like DRAMA and can't make time for it.But then a good friend (a truly good friend) sent me this message:The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis (by Dante Alighiere, Epic Poet)Now anyone that knows me... certainly knows I am not the morality police but I was raised with a good sense of right and wrong. I was also raised to be truthful, hardworking and honest. Always to give back more than you are given (my biggest fault is having no tolerance for less than this)Today, I was merely reminded that the ones with the money, make the rules. If you question or complain; more likely than not your account will be canceled and no refunds will be made (period).So suck it up.I don't like the rules of which this company plays:This company has taken money from agents on a National scale as early as Dec. 2008, promised a product month after month and almost a year later has yet to deliver. And in addition, this company requires agents to pay for training, pay monthly and remain in good standing with Settleware, e-signing, in which they are paid a referral fee (regardless of whether or not listings are sent)I don't condone these business practices nor how they treat the agents that have generously paid for services not rendered (*especially* knowing every penny is generated by working even longer hours than usual and marketing dollars don't go very far).It's a shame this company took the stance they chose with me as they did today.I lost...what... a little hope for a good opportunity? Big Deal.What they lost... was one of the best agents they will ever have worked with... and a needed ally/supporter.I think my long hours, energy, loyalty and dedication to my field of expertise... is better spent elsewhere.Should you have similar concerns... send an email to the Better Business Bureau, be done with it and move on.Best Wishes,LaDawn Menkemeller

Replies

Regina P. Brown October 14, 2009 at 6:58pm

LaDawn, thank you for speaking up. I also got a weird email today from "Business Law Group". At first I couldn't even figure out who it was from or what it was about. The email said:

______________________________

Dear Ms. Brown,

Attached is a letter regarding your recent blog activity.

Should you have any questions or comments, please contact our office.

Regards,

Lourdes A. Himmel
Paralegal to Elizabeth A. Gillis

The Business Law Group
2302 Martin, Suite 450
Irvine, CA 92612

Telephone: (949) 553-8400
Facsimile: (949) 553-8600
email: legal@businesslawgroup.org

______________________________

I was dying with curiosity to find out what this matter was about, so I opened their attached letter which said:

______________________________

RE: blog posting

Dear Ms. Brown:

Our office has been retained to represent Janisse Dale and America Buys Foreclosures. It has come to our attention that your agents are promulgating untrue rumors and other misinformation about my client’s company.

These actions must stop immediately. Please be advised that the law clearly states that you are responsible for the actions of your agents. You have a legal obligation to monitor the information that your agents are putting forth and to stop them from issuing harassing, damaging, and untrue statements that cause injury to my client.

My client has instructed me to take legal action against you personally if this behavior does not cease immediately.

Very Truly Yours,

ELIZABETH A. GILLIS, ESQ.
______________________________

It was really vague and I still couldn't even remember this person or this company! So I sent back the following reply:

______________________________

Hello Elizabeth/Lourdes,

I would be happy to respond to your letter; however, I do not know what you are referring to. Your letter was vague and did not include the blog postings that you referenced. Can you please send me a copy of what you are referring to, so I can take any appropriate action?

THANKS.
______________________________

Their letter was so generic and they didn't even take the time to include any proof! I've probably written thousands of blogs and articles online, how would I even be able to figure out what they are referring to?

Later on, the term "America Buys Foreclosure" suddenly rang a bell, and I remembered the company that was soliciting myself and other agents online for REO "opportunities" and how it was such a hot topic here at REO Pro.

So I logged in here to find out what's going on with ABF. Apparently they've sent the same letter to other folks who commented on the forum topic about ABF! I can't imagine what they hope to gain by sending out all these threatening letters? It seems like the issue was already dead, if they don't want anyone to see it, why are they re-hashing it? All this will do is cause MORE stir and MORE blogs!

In any case, I'll wait to receive their "proof" as I requested....
- Jason Harper > Regina P. Brown October 14, 2009 at 7:37pm
  
  As long as what you are saying (or had said in a previous blog) is true, you have nothing to worry about.
Vicki Smith October 14, 2009 at 12:23pm

Hi LaDawn,

Thank you so much for all of your hard work and honesty regarding your experience with America Buys Foreclosures. You and I are cut from the same cloth, we are right-fighters. When we see a wrong we want to make it right. I agree that there comes a time to throw in the towel and let it go. I did that months ago with ABF, but apparently they want to make sure I don't speak up again.

Today my broker got an email from an attorney, who claims to represent America Buys Foreclosures and Janisse Dale, threatening to take legal action against her as well as myself if I didn't stop " promulgating untrue rumors and other misinformation about my client’s company". I stopped asking questions about this company last June as it was apparent to me that they were not delivering on any of their promises. I find it interesting that they are threatening me and my Broker and insisting that I stop immediately when in fact I haven't mentioned them on the internet in months.

I with you the best.

Vicki
- LaDawn Menkemeller > Vicki Smith October 15, 2009 at 4:38am
  
  They must be sending out a great deal of email letters - my Broker did get one of those today as well.
  
  I would encourage anyone to always be proactive and report companies to the BBB - there one in California can be done online (which is what I did).
  
  The response from America Buys Foreclosures to BBB regarding my response is that they "DO NOT PROMISE FORECLOSURE LISTINGS".
  
  That IS true... but they have promised (in writing) month after month to roll out a product and to the best of my knowledge by reading similar posts from agents across the country... they have not done so.
  
  In addition, America Buys Foreclosures is taking referral fees from a company they require agents to not only pay a set up fee/certification but pay month after month as well (Settleware). I was told about the referral fee from Settleware to America Buys foreclosures from the President of Settleware himself. He also told me the initial agent target number was 35,000 (you do the math).
  
  I also complained to a couple local attornies and the real estate commissioner in California - I would encourage anyone with a similar experience to go ahead and step up to the plate and do the same.
  
  Both companies refuse a refund which is absolutely wrong.
  
  Best of luck to everyone.
- Jason Harper > Vicki Smith October 14, 2009 at 5:53pm
  
  Facts are facts. They have promised business to those who have paid and they have not delivered. Their attornies can make all the threats they want, but they will not win that one in court any day of the week. Hot air - that's all.

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