Consumer complaint received 2023-05-18
Product: Payday loan, title loan, or personal loan — Installment loan
Issue: Charged fees or interest you didn't expect — 
Company: Lima One Capital, LLC (TX)

Parties involved : XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX ( my day-to-day point of contact ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( CEO of the parent company XXXX XXXX XXXX  he is on a couple of emails, and his name is attached to the " Release Agreement '' ) XXXX XXXX XXXX  ( Affiliate Partner of XXXX XXXX ) XXXX XXXX - XXXX ( point of contact that XXXX worked with ) XXXX XXXX XXXX - XXXX ( I don't know who this is, but he was copied on email threads ) Complaint : I applied for a loan, and as a result, it ended up costing me {$5500.00}. Additionally, the lender ordered title work from a title attorney before being 100 % sure they could close the loan. The title company is now demanding payment of {$7300.00} for the abstracts and title work, and the invoice is directed to me. The lender is refusing to pay, and I certainly should not be on the hook for this payment, as I did not direct the lender to order title work, nor was I aware that it had been ordered. 

Details : On or around XX/XX/2023, I began working with XXXX XXXX on a loan to refinance my portfolio of XXXX properties. XXXX XXXX originally reviewed my portfolio and made me an offer. I accepted. Then it moved to XXXX XXXX 's processing & underwriting department, who came back and said XXXX XXXX would not be able to move forward with the loan based on their underwriting algorithms and calculations. 

Around XX/XX/2023, XXXX XXXX came back with a new offer. They involved XXXX of their affiliate partners, Lima One Capital. I was told that Lima 's lending model would work for my portfolio. I was then asked to pay a deposit for the appraisals upfront ... which I thought was highly unusual, but I agreed to do it because the representative ( XXXX ) seemed confident that Lima would be able to close the deal. The total appraisal deposit was {$15000.00}. 

On or near XX/XX/2023, I was informed that the appraisals came back too low, and that Lima One Capital would not be able to close the loan. And that I had lost my {$15000.00} deposit. The justification they gave was, " you paid for the appraisals '', and you have them. So the work was done, and you paid for the work. 

I argued that I would not have ordered, nor paid for these appraisals without the belief that they would accrue to my receipt of the loan. I argued that this was bordering on Predatory Lending, and this feels like a UDAAP violation. I then sent an email to XXXX, XXXX, and XXXX explaining that what I felt. 

I also felt there was some appraisal bias going on because my properties are in a predominantly XXXX area of town, and because I am a XXXX XXXX XXXX. Additionally, some of the appraisals came back lower than the original appraisals when I purchased the properties. Now, I know that is a heavy card to play, and I didn't have any real, solid proof of that accusation. Therefore, I only mentioned it in my email to XXXX, and didn't really pursue that piece of the matter any further. 

XXXX then came back and offered to settle with me to refund {$10000.00} of the {$15000.00} I paid as a deposit on the appraisals. The made me sign a release agreement that would prevent me from taking further legal action against XXXX XXXX, and that I would not disparage them publicly. I signed this agreement because I am a small business, and I didn't want to start a prolonged legal battle that would end up costing me more money in the long-run. And at that point I thought it was over, and I would just take my {$5500.00} loss and move on. 

Fast forward to XX/XX/2023, the title company sent me an invoice for {$7300.00} for title / abstract work that had been ordered by Lima One Capital for this deal. I then forwarded that invoice and email to XXXX at XXXX. I also called XXXX, and she told me that this was an issue between the lenders and the title company, and that I should not have any liability here. 

Now today, XX/XX/2023, the title company followed up with us about that invoice. XXXX responded to the title company stating that " that is the risk the title company takes if the loan does not close ''. I saw this email thread was becoming tense, and so I called the title company to ensure that I was not the target of their ire. I don't want to be sued as a result of this matter. And that I do believe that Lima One should pay the title company because they were the group who ordered the title. And it was their faulty business model and processes who had me pay for appraisals before they new with 100 % certainty that they could close the loan. And it was Lima One 's faulty business processes who ordered title prior to knowing with 100 % certainty that they could close the loan. 

Throughout the email exchanges with the title company, XXXX, the representative from Lima One, has been quiet and non-responsive. 

The bottom line here is that : I am a consumer who applied for a loan. And as a result of applying for that loan, I lost {$5500.00}, and could potentially be on the hook for another {$7300.00} ... or worse, I might have to retain an attorney and pay much more in legal fees to defend myself if the title company decides to sue us all. 

How is that right? How is that legal? 

I have attached most of the emails pertaining to this matter... going back to XX/XX/2023. There is a XXXX limit on attachments, so I could not upload all the documents I have. But can provide at a later time if needed.