Aimee’s Qualified Written Request

I have one for you… My Fiance & I had shaky credit so we lived on our property in a camper for two years saving money.  We came across a guy selling used mobile homes.  We wanted to pay cash for a modest home that we could remodel ourselves over time.  He pushed a “fully refurbished” trailer down our throats because it was SUCH a great deal.  He claimed he could find us financing as well. 

We were honest w/all info we gave to him. He said he found an investment group that would “buy” a discounted loan from him.  He said we had to “borrow” more than we needed so the note could be discounted.  The rate was a scary 12%, but I really wanted my son to be able to take showers and get on the bus in front of a real home; and another Winter was coming. 

We sat down in front of a lawyer he hired and signed a “mortgage note” to buy the trailer from him.  (he wanted $37,500 for the trailer, but because we needed funds for ground prep and a well, septic, etc. the note was for $70,000…we had needed only $56,000 for everything.  He was to be the lien holder on our 15 acres in addition to this trailer).  No money changed hands as this was a “table-funded loan” which in itself is not legal in Maine (the investors were from Florida). 

We hired the guys for all the prep work.  Several weeks later, the trailer arrives.  To shorten the story a bit, it started leaking heavily within a few months.  Upon inspection, the roof shingles were found to be worn heavily.  The trailer had been advertised as “redone” but it became apparent that the ceilings were painted over despite the ongoing damage that they never bothered to repair the source of.  We complained, but he would not address the issue. 

I then participated in mediation service through the DA’s office.  He would not participate.  As we then went on to find out through increased research, the guy did not have a license to sell mobile homes; he also did not have a license to arrange financing at all.  I filed complaints to “Consumer Credit” and “Manufactured Housing Licensing & Regulation”.  The guy is now in SO much trouble as they have dealt with him before.  So we hired a lawyer.  The case seemed simple enough to David Leach, Maine’s “Principal Examiner of Consumer Credit”, but he cannot give me legal advice so we hired a lawyer.

After seven months of my prodding, I finally got my lawyer to send a “QWR” to the investors company.  It has now been five months and they have not responded.  I am on the verge of filing a complaint against our lawyer (with the overseers) as he has done nothing to follow up, and has not yet ONCE called me to inform me of anything in an entire year.  It seems he is dragging me down, considering what Mr. Leach has said, “Why are you doing all of your attorneys work?”.  But I know if I do file a complaint, he may withdraw from representation, then we probably lose the money we have given him, and definitely lose the TIME. We are running out of both and our trailer continues to take on damage we simply cannot afford to fix.  My paranoid side says that my lawyer is protecting the lawyer that acted as the sellers settlement agent (they have offices on the same street) because wasn’t he supposed to know if the guy was licensed to offer us the financing to begin with?  Aside from that craziness, is it really that hard for my lawyer to follow through with such a case?

Aimee

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Hi Aimee,

That’s definitely a tough situation.  My thoughts are that since sixty days has passed, the Qualified Written Request creates a cause of action subject to statutory damages, actual damages, and attorney fees.  Additionally, manufactured home transactions are often covered under a retail installment sales act (RISA) or motor vehicle retail installment sales act (MVRSA); I do not know what credit statutes would apply in Maine, but violations under state credit statutes can often result in unenforceability of the lien/obligation.

Sorry that I can’t provide legal advice.  Hopefully you can work things out with you attorney.  Yes, you have Stumped The Experts.

Thanks for the questions and hope this helps.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.