Consumer complaint received 2023-04-19
Product: Debt collection — Other debt
Issue: False statements or representation — Indicated you were committing crime by not paying debt
Company: RAB, INC.

Complaint:
I took out a XXXX XXXX on a property I was selling and the closing fell through due to an inspection issue. It was taken off the market by the seller while they repaired the issue. R.A.B. , Inc sent the below email to myself, every agent that works at my brokerage and the office admin stating I had committed fraud and UCC violations ( all very incorrect ) On Tue, XX/XX/XXXX at XXXX XXXX  XXXX wrote : XXXX XXXX and XXXX XXXX XXXX XXXX XXXX, My firm has been retained by XXXX XXXX XXXX, XXXX XXXX XXXX XXXX for legal processing and UCC enforcement. Your XXXX XXXX XXXX  has been delinquent for some time with no effort on your behalf to resolve this matter on a voluntary basis. I have reviewed your file and your past sales, and I see that you have had ample opportunity to resolve this case. Please note that you, as a broker, were notified of the UCC filing and did not forward XXXX to cure, it appears that you and your company may have committed tortious interference and UCC Violations according to Uniform Commercial Code 5-502 to 5-511 and UCC Title 18 Part 1 Ch.47 1032 ( 3 ).

It has also come to my attention that you, acting as your own broker, changed title companies, and Secreted the Commission when the property XXXX XXXX XXXX XXXX was sold. XXXX, this is not a loan, this is a true purchase of commission. Contract Fraud on a Real Estate Transaction is a blatant violation of the Realtors Code of Ethics and Standards of Practice. 


At this point, XXXX XXXX, we have two options. Either you can contact my office to resolve this account on or before XXXX XXXX XXXX Wednesday, XX/XX/XXXX, or I will file the 406a statewide lien with Title Companies and Title Attorneys ; having them all served notice of the UCC1 & intercept any current and/or future commission due to you and/or your brokerage until the balance is cured. I will also advise that XXXX XXXX will take the following actions : * File a Notice of Default against your Brokers License with XXXX as well as with the Alabama Attorney General according to Uniform Commercial Code 9-607b ( 2 ) a, which could result in a fine or loss of license. 
* File a complaint with the Alabama Attorney General for Fraudulent Receipt according to Uniform Commercial Code 5-502 to 5-511, which could result in a fine.

* Add additional collection and recovery fees according to Uniform Commercial Code 9-607 ( d ). 
* Contact XXXX as well as with the Alabama Attorney General to advise of possible FRAUD AND FALSE STATEMENTS by Concealment of assets from conservator, receiver, or liquidating agent according to Title 18 Part 1 Ch.47 1032 ( 3 ), which could incur a large fine and up to 5 years imprisonment.

* File a complaint against your Brokers License based on Realtors Code of Ethics & Standards of Practices for Contract Fraud and Solvency.

Tabitha, the ball is in your court. All of this can be avoided with arrangements for or a payment of {$12000.00}. I have attached all agents that risk having their commission seized with the UCC Lien.

I can be reached at the number below should you want to resolve this on a voluntary basis. Again, it is imperative that I hear from you on or before XXXX XXXX XXXX Wednesday, XX/XX/XXXX. 



Cc : XXXX XXXX ; XXXX XXXX ; XXXX XXXX, XXXX of Liens Thank you, XXXX XXXX Final Accounts Processing RAB , Inc . 





Phone : ( XXXX ) XXXX Fax : ( XXXX ) XXXX Email : XXXX Mailing Address : XXXX XXXX XXXX, XXXX, TX XXXX If you have received this email in error, please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 

Email Signature- Collector Banner I responded to the email per below but this email was fraudulent and damaging to my reputation and relationship with co-workers. 

XXXX - Now that you have had a chance to review actual documents regarding this commission advance you can see that your offensive accusations of XXXX and False Statements are far from the truth. At no point in time have I ever or would I ever violate my Code of Ethics or Standards of Practice. I have not concealed assets or changed title companies as falsely accused by your organization. The last I heard anything from XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) was on XX/XX/XXXX and there was no concern or even request to get the balance paid or set up installments. If there was I would have started making payments at that time until another closing came in to pay the balance. So you can understand my surprise to receive this demand this morning from your firm. 

I equally have not received anything from your office until this morning regarding this account. At that time ( before verifying your facts ) an email to the licensed agents in my office was sent out which included many false accusations about office closings and practices. I have been aware of the UCC filing since XXXX of XXXX and I am aware that UCC filings are common practice with lenders just to show an active loan in place. That was filed when I took out the first advance with XXXX XXXX and it has remained since then. Since XX/XX/XXXX I have done XXXX different commission advances with XXXX XXXX  without issue and have been very happy with their service. 

As we discussed and I provided proof in writing, the contract on XXXX had some inspection issues and the seller asked that I take a reduction to cover the cost of the new roof. Before agreeing to said reduction I sent XXXX with XXXX XXXX an email asking if the advance on XXXX could be moved to another closing. He immediately agreed that was not an issue and sent me the contract to move it to the closing on XXXX XXXX. A couple of days before that closing I received an email from XXXX XXXX ( buyers lender ) stating they would not be able to close the loan at no fault of the seller and then a mutual release was received. XXXX from XXXX XXXX was in the loop and aware of the issue. I offered to move the advance to another contract and he wanted to keep it with XXXX if I could get it back under contract. I did receive another contract and before we could get to the closing attorney to start processing the buyer got cold feet and backed out. 

XXXX XXXX XXXX at XXXX XXXX XXXX XXXX XXXX XXXX XXXX C XXXX XXXX

Company response to consumer: Closed with explanation