    
Christine
Board Administrator
Username: Christine
Post Number: 2088
Registered: 09-2002
| | Posted on Wednesday, September 01, 2004 - 11:45 pm: | 
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AMERIQUEST MORTGAGE COMPANY
100. Plaintiff repeats, realleges and incorporates by reference the foregoing paragraphs.
101. On April 20, 2004, AMERIQUEST contacted plaintiff after she had submitted an online mortgage application in response to electronic bulk email (“spam”).
102. Plaintiff explained to AMERIQUEST loan officer Beatrice that she was looking for prequalification to purchase investment property and that she was self-employed. Plaintiff also specifically explained that EQUIFAX and Trans Union were blocking her from obtaining her FICO scores and Beatrice promised to mail the credit reports with the FICO scores to plaintiff within a couple of days.
103. Plaintiff then provided Beatrice with her social security number and other identifying information so that she could order the credit reports.
104. On April 28, 2004, plaintiff received a call from Jonathan with Great Southwest Mortgage, stating that his friend Beatrice provided him with plaintiff’s information and that he was offering a free consultation regarding plaintiff’s purchase of a home.
105. On May 4, 2004, plaintiff sent an e-mail to Beatrice, inquiring about this strange call and why she received some disclosures, but no credit reports.
106. On May 7, 2004, Beatrice returned plaintiff’s call and she left a long VM explaining that she had not been at work due to her father’s hear attack and that she could not “put together the best purchase program” and therefore provided plaintiff’s phone number to Jonathan.
107. On May 8, 2004, plaintiff wrote to Beatrice:
Hi Beatrice,
I received your 5/7/04 voice mail and I'm sorry your Dad had a heart attack, I hope he is well now.
I am concerned because you said that you would reply to the e-mail below, but I haven't received anything from you.
Where are my credit reports with the FICO scores? What are the problems with my loan?
I'll greatly appreciate a response,
Christine
108. AMERIQUEST had obtained the credit reports from all three CRAs on 4/21/04 according to the PrivacyGuard credit monitoring service.
109. On the PrivacyGuard tri-merged report these credit inquiries are incorrectly identified as “Miscellaneous and public record” on the Trans Union report and “Miscellaneous Reptg. Agencies” on the EQUIFAX report.
110. This incorrect identification may result in lower FICO scores because they may not be deduplicated as mortgage inquiries by the FICO credit scoring software.
111. On May 12, 2004, AMERIQUEST sent a “Notification of Incompleteness” to plaintiff. It advised that the loan application was on hold pending the receipt of the following items: “Current Paystubs, Borrower W-2, Proof of Hazard/Flood Insurance.”
112. Plaintiff had informed Beatrice prior to applying that she was self-employed and looking for prequalification and it is impossible to provide hazard/flood insurance prior to having a purchase agreement for the subject property.
113. To date, plaintiff has not received the promised credit reports or the adverse action letter nor does plaintiff know what the problem is with her mortgage and why Beatrice referred the loan to Jonathan at Great Southwest Mortgage.
CAUSES OF ACTION
FCRA, ECOA, Defamation, Misrepresentation, Negligence, Negligent and Willful Enablement of Identity Theft, Mortgage Brokers, Commercial Electronic Mail and Consumer Fraud
132. AMERIQUEST demonstrated gross negligence and incompetence and misrepresented its ability to assist plaintiff in violation of A.R.S. § 44-1522 and A.R.S. § 6-909.
133. AMERIQUEST or its agents spammed plaintiff with at least one false and deceptive bulk email advertisement in violation of A.R.S. § 44-1522 and A.R.S. § 44-1372.
134. AMERIQUEST failed to provide the adverse action letter in violation of FCRA § 1681m and ECOA § 1691(d).
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