In 2002 David Evans facilitated a lease option to us home he owned in 2004 we exercise our option to purchase the home with $12,000 of the lease payments made applied to the home purchase.
Acting as broker, lender, agent, he brought out purchase contracts and trust deeds as he would finance the purchase for two years and had a 75-year-old woman sign them on the front lawn of the House, and collected $45,000 in checks for additional down payment, then left her with blank copies he had handwritten, telling her he would return the sign copies after they were filed with the proper authorities, to which he never did.
In 2006 key came out to the house again and suggested that it was not a good time for her to get a mortgage and so he would continue carrying the mortgage, once again leaving blank contracts and written by him and taking the ones that were signed.
Over the course of time from 2007 he watched as the kitchen was fully remodeled, a custom swimming pool was put in, the home painted entirely inside and out, complete remodeling throughout the interior of the home including new heating and slate flooring throughout the home.
There was also in every sense of the word, extensive landscaping to the entire property.
Over of the time from 2002 to 2007 payments were made at the mortgage rates plus property tax and homeowners insurance directly to David Evans/Comstock financial. During that time the mortgage rates were increased twice for a total amount of $500 a month more than the original documents showed.
In June Mr. Evans starts returning house payment checks out of the blue and states the house must be purchased within the next 30 days, with no prior notice or warning of that regardless of the fact he agreed to a two-year extension of the financing in 2006. He then proceeds to threaten foreclosure and state there was no contract in place as the contrcats that were signed by the two parties had expired in 2006.
For those who have never needed to secure a home loan when the market was stable, getting a appraisal, finding a lender, getting approved by the lender and dealing with an irrational seller with no prior notice and no prior preparation 30 days is not a very realistic time.
However add in the recent events in the mortgage world and what it has done to residential lending and 30 days more like 60 minutes.
He went on to offer to continue to finance the purchase for another 12 months for $100,000.00 more just for 12 months of financing not to mention house payments and homeowners insurance and property tax.
Threatened by the thought of losing her home and life savings she has put into upgrades to this high-ranking member of the Mormon Church and for lack of better terms a real estate professional, we were forced to look for hard money loans to suit the unreasonable time demands he gave.
Against all odds funding was secured and the purchase offer contract was submitted to him within the 30 day time frame only for him to decline the purchase offer for the agreed amount in the original signed and unsigned mortgage documents stating " don't you think that's a little light". At a second attempt to amicably resolved the issue another purchase contract was hand delivered to him later the same day whereby the $57,000 down payments were deducted to hopefully give him the amount he desired, to which he stated the numbers are fine and I spoke to your lender and she's going to contact me when the documents are ready. He was then asked to accept the purchase contract to which he declined.
What he did not tell in the meeting where the new purchase offer was delivered to him was that he had just gotten off the phone with the lender that we had secured and had made derogatory remarks about our financial status and upon returning back home I received an e-mail from the lender stating and I quote
" I called Dave Evans to get a payoff figure and after talking to him I'm afraid I have to pass on your loan.
According to Mr. Evans, the gas is off in the house right now and that there is no written lease option, that it is a straight forward purchase."
END QUOTE.
Ironically enough the one document we do have that is signed is the original lease option.
Just this morning we made another attempt to ask him what it was that he wanted in order to get this resolved amicably and to let him know that due to his recent behavior we had thought that he might try to derail the purchase we had to back up lenders ready to go, to which he replied, and I quote
"I am seeking the advise of an attorney so I know what my legal rights are."
End quote.
This is clearly an attempt to steal the equity we have created and the money we have put down on this property by this man and his wife Gayle Evans who is a notary public and the one Mr. Evans identified as the notary who would attest to the signatures on the documents prior to filing them.
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