Enforcement
Department of Real Estate
320 W. 4th St., Ste. 350,
Los Angeles, CA 90013-1105

December 23, 2004

Re: Unlawful practices by Dana Capital Group, Inc. - DRE License 01389857 Kelly David Christensen and Antonio Veluz Nanadiego, dba Pacific West Mortgage - DRE license 00905042.

To Whom It May Concern:

After receiving junk faxes from “Mortgage Center” in Phoenix, Arizona, I learned that they were not licensed with the Arizona Department of Banking and I filed my complaint. Upon my follow-up calls, they told me that pursuing unlicensed lenders was “not a money making venture” and that their calls to “Mortgage Center” resulted in hang-ups. See http://fight-back.us/forum/index.php?showtopic=191

When I first called Dana Capital Group, Kelly Christensen confirmed that “Mortgage Center” operated under the Dana Capital license. I requested payment of my statutory damages for the unsolicited faxes and she transferred me to Amanda Smith, the Legal Department Coordinator. During this call as well as in the 10/15/04 fax, Ms. Smith denied any association with “Mortgage Center” and she claimed that they do not send unsolicited faxes.

I subsequently applied with “Mortgage Center” and Dana Capital Group was identified as the mortgage lender who obtained my credit report on 12/6/04. I provided Ms. Smith with the inquiry on my credit report and I requested an explanation, but Ms. Smith was no longer interested in investigating my complaint and she has not contacted me again.

On 12/22/04, Jessica with “Mortgage Center” called me to follow up on my application and I noticed that she called from 909-393-4017. That number was answered by “Pacific West.” The “Mortgage Center” employees Jessica, April and Crystal apparently relocated from Phoenix to Chino, CA.

When I asked Crystal why Dana Capital Group was listed on my credit report, she told me that “Mortgage Center is licensed with Dana Capital.” When asked why the phone is answered by Pacific West, she claimed that they are all related and licensed in all states.

In subsequent calls, I finally spoke with Stephanie, who eventually provided the licensee’s name: Antonio Veluz Nanadiego, dba Pacific West Mortgage, DRE license 00905042.

Stephanie also stated that Pacific West is a mortgage loan processor, processing all loans outside California for Dana Capital Group.

I spoke with Mr. Nanadiego, the broker of record for Pacific West at 909-524-1044. Apparently he is fully aware of the unlawful advertising. He identified Rocky Baduano and Jack Miller (DRE license 00847918, surrendered after suspension) as the persons in charge of marketing and he stated that he had requested that they stop the junk faxing. Mr. Miller is also listed as owner of Pacific West on the business license.

Summary:

Ms. Smith with Dana Capital Group has apparently known since my initial complaint that they ARE sending out unlawful advertisements. After all, she admitted in her 10/15/04 fax that she spoke with Crystal. Ms. Smith also later admitted that they have had other junk fax complaints, AFTER I pointed out that her fax was dated 9/9/04 and she obviously forgot to change the date of a letter written in response to a similar complaint.

Not only did the junk faxes violate the TCPA, but they failed to identify the company and licensing agency. All persons involved took extreme measures to hide their true identity, with Ms. Smith resorting to sending her faxes on the letterhead for “Dana Capital Group of Arizona, Inc.”

Despite my repeated requests, Ms. Smith has failed to explain the purpose of two “Dana Capital Group” corporations, both licensed and operating at the same address.

My extensive research and correspondence is posted at my web site, I scheduled a press release about this matter and I am certainly able to testify under oath about my Dana Capital Group and Pacific West Mortgage experiences.

The BBB lists complaints including allegations of false replies by Dana Capital Group. They lied to me on numerous occasions, not only about the junk faxes and their name, but they claimed that mortgage inquiries will not lower credit scores – an entirely FALSE statement.

Please take immediate action to stop the unlawful conduct by these CROOKS!!!

Sincerely,


Christine Baker

C: posted at http://fight-back.us/forum/index.php?showforum=33

Enclosures:

1) A Mortgage Center junk fax
2) 10/15/04: Dana Capital Group denial (dated 9/9/04 in error)
3) 12/6/04: The inquiry on my Experian credit report, identifying Dana Capital Group.