Fraud going to walk away with escrow money

Fraud going to walk away with escrow money

Investor · Minneapolis, MN · Member since 2011 · 84 posts · 31 votes

So this is going to be long so I apologize.

We own a short-term vacation rental that we are in the process of selling. About 3 weeks in we got a full price offer and was told by the buyers agent it was going to be a cash offer. That this guy is a millionaire investor. Well the offer comes in and it is full price, but now he wants financing through a private lender. We were kind of annoyed but it was still a full price offer and with some back and forth on a few things we signed the offer. In-between this time my agent received the buyers "proof of funds" in the form of a signed bank account (signed by the bank) statement from a company that the buyers agent says his client owns. There is 995,000 in this bank account. Closing is set for July 14th. This all happened the beginning of June. We are also told by buyers agent that if lending takes to long he plans to just pay cash and be done with it. We were told this several times.

We are asked to hold the home open so the buyer can do an inspection and an appraisal and we also stop taking future reservations for the home because we are selling. We also move a friend out of the house for a future booking and pay for her to move to another home because she is a zero revenue booking and don't feel that would be right to do to the buyer.

During this last month my agent kept asking about the status of lending because we have not heard anything and have not been provided with any lender information. We keep being told everything is good and still on track for closing. Well, Tuesday morning (a week before closing) my agent gets a notice from the buyers agent that he wants to cancel the contract because he cannot come to terms with the lender and expects his full escrow money back. My agent pushes this agent and tells him that she has no denial letter from any lender saying he cannot get lending and so we will be fighting for the escrow money.

That night we do some digging into this buyer and find out several things.

1. the proof of funds he submitted is from a company the he does not own, and further more a company he has never even worked for. It is a company in another state (that seems very shady itself). So this guy and his agent presented this bank account and HIS company and this was HIS money.

2. After some more digging we find him on an investor website saying he has a contract on a vacation rental that is fully turn key (MY HOUSE) and is asking for people to give him money so he can buy this house.

3. Facebook is a magical thing and we found him. He is not a millionaire investor. He is an unemployed single guy in his 40's who lives in his parents basement. And no, I am not making this part up.

His agent is claiming that he has every right to this escrow money because he could not get lending and according to the contract he is allowed to cancel if this is the case. He also lets it slip that he was denied for THREE loans for this house. We were provided no lender information for any of these lenders and still have no denial letter from any lender and it has been 48 hours now since the wanted to cancel. He says his client is "working" on getting the letter. My guess is he is doctoring up some letter because he is clearly a fraud.

The part that makes me the most mad is that I am pretty much being told there is nothing I can do here and that he will most likely get all his money back. I spoke with several agents who said it is not the agents job to make sure that his client is telling the truth. I have the email from the buyers agent with the proof of funds and the agent wrote this "here is the POF for my buyer, he owns this LLC". So that is how it was presented to us.

So now I am out thousands of dollars because I had to pay to move my friend to a new rental, I lost rental income keeping the home open for inspections and appraisals and I lost rental income by not taking anymore reservations. And it seems this fraud is going to walk away with all his escrow money and probably turn around and do this to someone else. I honestly do not understand how this guy cannot be in breach of contract by producing fraudulent information! And my agent is STILL trying to get the lender contact information from the agent so she can call them herself and he just keeps telling her that the buyer is working on it. Which in the contract it states he is supposed to provide my agent with lender information and keep us up to date on what is going on with the loan. We asked several times about the loan and were always told everything was moving along well and on track for closing. NEVER were we told he was turned down 3 times by 3 different lenders. So that to me is again, deceitful! If I would have been told once this guy was turned down for a loan I would have immediately wondered how a person with a million dollars in the bank is being turned down for a $154,000 loan. And I would have canceled the contract immediately because something would have seemed off.

So honestly - why even bother with escrow money? It does not protect the seller in the least! I am just so frustrated and I appreciate everything who made it to the end of this!

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
10y

Sorry, but this become So common with the wave of wannabe wholesalers/flippers.  The first mistake was apparently you did Not have a contract based on a cash, non financed, offer.  Apparently you Did have a financing contingency, and the exact wording of that contingency is what prevails.  It's common in any kind of dealings with a scammer type to sign a contract that is different than what was discussed/represented, and they just tell you "don't worry about what's in writing, this is what we'll do".  The buyer's agent is either a dummy, or he knew exactly what was going on.  Your agent was also asleep at the wheel, as this could have easily been avoided by a little research, and a better contract.

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    Sorry, but this become So common with the wave of wannabe wholesalers/flippers.  The first mistake was apparently you did Not have a contract based on a cash, non financed, offer.  Apparently you Did have a financing contingency, and the exact wording of that contingency is what prevails.  It's common in any kind of dealings with a scammer type to sign a contract that is different than what was discussed/represented, and they just tell you "don't worry about what's in writing, this is what we'll do".  The buyer's agent is either a dummy, or he knew exactly what was going on.  Your agent was also asleep at the wheel, as this could have easily been avoided by a little research, and a better contract.

  • Investor · Las Vegas, NV · Member since 2015 · 273 posts · 217 votes
    10y

    Yeah this sucks, but it is all about that contract. If it was financing contingent I don't know how much you can do. Sort of depends on how much you have in writing (millionaire investor, etc.) ...and if you have the time and energy to take him to court over this. I'm not sure whether the proof of funds is irrelevant or not seems like it was made up to keep you on the hook but if it wasn't a cash offer it may not be something you can use. 

  • Investor · Cleveland, OH · Member since 2015 · 6k+ posts · 2k+ votes
    10y

    Escrow is INTENDED to protect the depositor (the sham Buyer), so it shouldn't surprise you.

    Yes your time was wasted, but, a cheap lesson really. So, know to have better contracts in future! 

  • Rental Property Investor · Erin, NY · Member since 2016 · 130 posts · 32 votes
    10y
    Does your contract have a timeline? If they are supposed close in X days but cannot wouldn't that give you power to keep the escrow? Maybe the finance contingency trumps the timeline. But it shouldn't.
  • Investor · Minneapolis, MN · Member since 2011 · 84 posts · 31 votes
    10y

    Just wanted to come back and give some more information. Here we are over a week after we have been asked to cancel the contract and he STILL cannot produce any lender contact information or a denial letter from any of these 3 supposed lenders he tried to get financing from.

    We believe that he is using this financing contingency to get out of the contract because of some other reason. There is a lot more to this than meets the eye and the longer we look into it, the more we find. We are pursuing this earnest money because we believe that we have a right to it. He cannot provide any proof that he even tried to get lending, much less denied. We were never provided with a commitment letter, which he was to provide within 10 days of signing the contract. Now he is saying he was denied lending by 3 lenders yet flat out refuses to provide any contact information for said lender or a denial letter.

    Like I said, there is a lot more to this than meets the eye. This guy probably attended one of those "buy houses with other peoples money" seminars and started writing offers on homes under false pretenses that there is absolutely had no way to ever purchase. Mine is not the only home he has done this to. This guy has never actually closed a real estate deal. 

  • Investor · Minneapolis, MN · Member since 2011 · 84 posts · 31 votes
    10y

    Just wanted to come back and do another quick update. First let me say that as an investor, it makes me LIVID that these type of people give all of us a bad name. I own my own home (actually at 41 I am on my 4th home) as well as 3 rentals. So while I am no expert, I can call myself an investor. Someone who creates an LLC and calls themselves an investor even though they have NEVER actually purchased a property in the 2 years that they have been in "business:", not an investor.

    Unfortunately, this "investor" is part of our BP community. Mine is not the only home he has gotten a contract on and then cancelled. I suggest to this person that he step back a little and realize what he is doing when he writes these offers on homes. Realize how many peoples time he is WASTING and how much money he is costing them. His realtor spent a lot of time and energy on this deal from the beginning and will get nothing for it. My realtor spent a lot of time and energy on this deal and will get nothing from it. WE have lost thousands of dollars (close to $10,000 when it is all said and done) because of this deal and I honestly don't think that he ever intended on actually purchasing the home to begin with. I think it makes him feel like he is actually doing something and "in the game" when he is doing it, but really has no way to actually purchase these homes. You are screwing around with peoples business and it is not OK.

    Keep this in mind next time you want to feel excited about being a real estate investor and make another offer. Will you think about the others involved? Probably not. But at least I put it out there and hopefully gave you something to think about. Messing with peoples's lives and business is not going to make a good name for yourself. And the more times you do this and your name gets out as someone who never closes a deal, the less people are going to work with you. Because they know it will just be a waste of their time and money.

    Next time I will be a lot more aggressive when accepting an offer and make sure that everything checks out before I sign anything. Silly me for actually trusting someone to be telling the truth.

  • Redford, MI · Member since 2015 · 97 posts · 23 votes
    10y

    $10,000 is not a cheap lesson learned.  You have every right to be angry and anyone in your situation would be upset about either the money or the time lost.  

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    @Kristine Eickman Yep, you've dealt with one of the typical wholesaler types that have become popular.  They have no business ethics for the properties they tie up, can't flip or close on, use a weasel clause to get out of, and move on to the next one.  Your recourse, if any, is determined by the Exact language in your contract.  Some contracts say the buyer must actually remove the financing contingency (declaring they Have the financing) for it to be removed, while contracts state a deadline by which if the buyer doesn't cancel based on the financing contingency, their deposit becomes hard.  Some contracts require the buyer to be able to document they applied for a legitimate mtg within 5 days of contract execution, as well as just a "denial letter".

    Do take solace in the fact though that you weren't one of these poor people in pre foreclosure, who thought they had their property sold to some guy like this, only for the guy to walk away at the last minute and them being foreclosed on.

    And most certainly, DO post this guy's name here for all to know.  No need to be afraid.

  • Investor · Minneapolis, MN · Member since 2011 · 84 posts · 31 votes
    10y

    Oh I believe he is in total breech of contract (on many accounts), but it is going to cost me way more than the $2000 that I would get in escrow money to prove it and have an attorney go after him.  I would love to do it, but the $10,000 I have already lost is hard enough to take, I don't want to spend anymore money on this guy.

  • Investor · Evans, GA · Member since 2015 · 190 posts · 103 votes
    10y

    @Kristine Eickman...you say this "buyer" has pulled the same crap on other buyers.  How many others were you able to confirm? Makes me wonder if he's using the same agent to do these.  If so, that agent must surely have some ethical challenges of his own by this point.

  • Rental Property Investor · Durham, NC · Member since 2016 · 354 posts · 288 votes
    10y
    Originally posted by @Kristine Eickman:

    So this is going to be long so I apologize.

    We own a short-term vacation rental that we are in the process of selling. About 3 weeks in we got a full price offer and was told by the buyers agent it was going to be a cash offer. That this guy is a millionaire investor. Well the offer comes in and it is full price, but now he wants financing through a private lender. We were kind of annoyed but it was still a full price offer and with some back and forth on a few things we signed the offer. In-between this time my agent received the buyers "proof of funds" in the form of a signed bank account (signed by the bank) statement from a company that the buyers agent says his client owns. There is 995,000 in this bank account. Closing is set for July 14th. This all happened the beginning of June. We are also told by buyers agent that if lending takes to long he plans to just pay cash and be done with it. We were told this several times.

    We are asked to hold the home open so the buyer can do an inspection and an appraisal and we also stop taking future reservations for the home because we are selling. We also move a friend out of the house for a future booking and pay for her to move to another home because she is a zero revenue booking and don't feel that would be right to do to the buyer.

    During this last month my agent kept asking about the status of lending because we have not heard anything and have not been provided with any lender information. We keep being told everything is good and still on track for closing. Well, Tuesday morning (a week before closing) my agent gets a notice from the buyers agent that he wants to cancel the contract because he cannot come to terms with the lender and expects his full escrow money back. My agent pushes this agent and tells him that she has no denial letter from any lender saying he cannot get lending and so we will be fighting for the escrow money.

    That night we do some digging into this buyer and find out several things.

    1. the proof of funds he submitted is from a company the he does not own, and further more a company he has never even worked for. It is a company in another state (that seems very shady itself). So this guy and his agent presented this bank account and HIS company and this was HIS money.

    2. After some more digging we find him on an investor website saying he has a contract on a vacation rental that is fully turn key (MY HOUSE) and is asking for people to give him money so he can buy this house.

    3. Facebook is a magical thing and we found him. He is not a millionaire investor. He is an unemployed single guy in his 40's who lives in his parents basement. And no, I am not making this part up.

    His agent is claiming that he has every right to this escrow money because he could not get lending and according to the contract he is allowed to cancel if this is the case. He also lets it slip that he was denied for THREE loans for this house. We were provided no lender information for any of these lenders and still have no denial letter from any lender and it has been 48 hours now since the wanted to cancel. He says his client is "working" on getting the letter. My guess is he is doctoring up some letter because he is clearly a fraud.

    The part that makes me the most mad is that I am pretty much being told there is nothing I can do here and that he will most likely get all his money back. I spoke with several agents who said it is not the agents job to make sure that his client is telling the truth. I have the email from the buyers agent with the proof of funds and the agent wrote this "here is the POF for my buyer, he owns this LLC". So that is how it was presented to us.

    So now I am out thousands of dollars because I had to pay to move my friend to a new rental, I lost rental income keeping the home open for inspections and appraisals and I lost rental income by not taking anymore reservations. And it seems this fraud is going to walk away with all his escrow money and probably turn around and do this to someone else. I honestly do not understand how this guy cannot be in breach of contract by producing fraudulent information! And my agent is STILL trying to get the lender contact information from the agent so she can call them herself and he just keeps telling her that the buyer is working on it. Which in the contract it states he is supposed to provide my agent with lender information and keep us up to date on what is going on with the loan. We asked several times about the loan and were always told everything was moving along well and on track for closing. NEVER were we told he was turned down 3 times by 3 different lenders. So that to me is again, deceitful! If I would have been told once this guy was turned down for a loan I would have immediately wondered how a person with a million dollars in the bank is being turned down for a $154,000 loan. And I would have canceled the contract immediately because something would have seemed off.

    So honestly - why even bother with escrow money? It does not protect the seller in the least! I am just so frustrated and I appreciate everything who made it to the end of this!

     I'm certainly no lawyer, but couldn't providing fraudulent proof of funds fund be considered acting in bad faith?

    I'd go after that deposit. He caused you damages by not acting in good faith.

  • Investor · Minneapolis, MN · Member since 2011 · 84 posts · 31 votes
    10y

    I can confirm at least one more, that I can tell. But I do know that he has wasted others time going to look at properties on more than one occasion. He does not seem to understand that a realtor is not just doing this stuff for fun and for his entertainment. It costs them a lot of money and time to mess around with buyers.

    My home for sure he used a new realtor because it was in a different state than he lives. I am not sure if he just called this realtor out of the blue or how he found him, although I do know this realtor did not know him before this. But this realtor spent a lot, and I mean a lot of time and energy on this deal and I am sure was expecting his 3% commission at the end of it all.

  • Investor · Minneapolis, MN · Member since 2011 · 84 posts · 31 votes
    10y

    @Chris May

    I have tried to reach out several times to this company that the POF came from to find out how he got it and if he ever applied for a loan with them, but they never responded to me. When I look them up, they don't even have a website or a contact number. I had to search and search just to find out how to call them.

    Then you have the lender that he actually did apply to (which I did not find out who they were until 4 days before he cancelled the contract even though we asked multiple times and were ignored) is fairly shady as well. You can pay them $5.00 for a proof of funds letter.

    This whole thing is just so frustrating. I called this company to find out about his loan and was told on 2 different occasions that all he did was apply (and by his name and not in his company name which was how he wrote the contract) and they had been trying to call him back and get information from him and he never returned their calls.

    Then all of a sudden he comes up with a denial from this company saying they could not fund the loan. No reason why, just they can't. So I called the person on the letter and let her know that I was trying to figure things out because I was told by someone else in the company on multiple times that he never got further than applying for the loan. This woman calls me back and immediately is defensive telling me this person I had spoken with was in her office (and was "just" a junior loan officer) and this gentleman did have a loan (in his companies name) and they did an appraisal and it did not appraise so they denied him. She then asked me who I was and I told her the seller and she immediately told me she was not giving me anymore information. It was her tone though, that was just so defensive it made me wonder, what is really going on here. There is no need to yell and be angry at me for verifying the denial letter.

    Anyway - she said it did not appraise and I was never made aware an appraisal even happened. It could not have been an in person one because I would have had to OK it since it is a short term rental and it would have had to have been done in-between guests. 

    Like I said, I completely believe there is something very shady happening here, but I am not willing to spend one more cent on this guy. Even if I took him to court, I doubt that I would ever get anything from him.

  • Investor · Cleveland, OH · Member since 2015 · 6k+ posts · 2k+ votes
    10y

    @Kristine Eickman, how does a Seller lose $10k* just because their Sale Contract doesn't close?

    Wannabe Wholesalers pull these tricks every day of the week. How is this different?

    Yes, your time has been wasted, and BP scolds such behaviour. But, time to move on?

    * I am of course sorry if you are out of pocket those actual dollars - but am wondering how? 

    [If you explained it earlier, I missed that post]. 

    Who knows, you might make it up with the next Buyer. Cheer up!...

  • Investor · Minneapolis, MN · Member since 2011 · 84 posts · 31 votes
    10y
    Originally posted by @Brent Coombs:

    @Kristine Eickman, how does a Seller lose $10k if their Sale Contract doesn't close?...

     Because it is a vacation rental and rents weekly getting anywhere from 120-170 a night. It was off the market for a 1 1/2 months during which I was asked to keep it open for 2 weeks to do the appraisals and inspection and the appraisal never happened ($2100.00), During that time I got a couple people wanting future bookings which I did not accept because I was not going to be owning it anymore ($2600.00 for inquired dates) and the next offer I got on the house was $5000 less than what this other person was going to pay for it and they are not budging on that price. The house is pretty much fully booked for the rest of the summer until September 29th, this means that no prospective buyers can see it because we have guests in the home. The buyer who offered $5000 less was able to see the home during a 4 night gap that we had. So if no other buyers can get in, then you don't sell. So we accepted the offer because otherwise we would have to wait until Sept. 29th to even have someone be able to look at it.

    The loss totals $9700.00. Not to mention the new offer is not to close until October so that is that many more months of mortgage, utilities, HOA dues.......

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    10y

    The situation sucks. In many areas though if you do not allow the EMD to be returned, it can be pretty easy for this "buyer" to cloud the title to prevent it from selling to the next buyer. Ive seen that happen several times in my market.

  • Investor · Minneapolis, MN · Member since 2011 · 84 posts · 31 votes
    10y
    Originally posted by @Russell Brazil:

    The situation sucks. In many areas though if you do not allow the EMD to be returned, it can be pretty easy for this "buyer" to cloud the title to prevent it from selling to the next buyer. Ive seen that happen several times in my market.

    Yes - we did return the EMD because we just are not willing to spend the money on this guy to go after him. We would never get it back. And yes your right, situations like this suck.

    But like someone else posted prior, I am fortunate I am not someone who got caught up on this and then was foreclosed on because the contract never closed. I can move on and be OK and invest more. For some people, this could be earth shattering.

  • Fort Collins, CO · Member since 2016 · 45 posts · 23 votes
    10y

    Why hasn't this guy been named yet, if he's a member here and actively scamming people?

  • Investor · Minneapolis, MN · Member since 2011 · 84 posts · 31 votes
    10y
    Originally posted by @Kyle Blake:

    Why hasn't this guy been named yet, if he's a member here and actively scamming people?

    Because I don't trust that he would not try and sue me. 

  • Fort Collins, CO · Member since 2016 · 45 posts · 23 votes
    10y
    Originally posted by @Kristine Eickman:
    Originally posted by @Kyle Blake:

    Why hasn't this guy been named yet, if he's a member here and actively scamming people?

    Because I don't trust that he would not try and sue me. 

     Sue you for what? A courtroom will be the last thing they will want to see if you can prove what you've said. 

    I'd be talking to an attorney and speaking with the business named in the fraudulent financial statements. I'm sure they'd be interested in anyone using their name to commit fraud.

  • Investor · Cleveland, OH · Member since 2015 · 6k+ posts · 2k+ votes
    10y

    @Kristine Eickman, "The house is pretty much fully booked for the rest of the summer until September 29th, this means that no prospective buyers can see it because we have guests in the home".

    Seems to me, you WILL be getting that lost opportunity $10k income back after all! Cheers...

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