300 deals, and not a single lawsuit or complaint.
Funny thing, this investigation. There’s a big secret in the Office of the Attorney General your staff doesn’t want you to find out about: you’re suing me even though NO ONE HAS EVER COMPLAINED.
Shhhhhhh, it’s a secret. They don’t want you to know about it because if you did, you’d have to wonder why, if no one complained, you’re now coming after me for millions of dollars in fines and restitution.
And understand, for the entire time I was involved with my partner at Fiscal Dynamics, Inc., we were never sued by any seller unhappy about the deal we made with him.
That’s seven years of transacting in the foreclosure real estate arena, with over 300 separate deals taking place, and not a single lawsuit or complaint.
Now, you’re probably thinking, “okay, so you were never sued, but you must have a bunch of unhappy customers or why would we be coming after you now?”
There’s a reason you’re after me, Rob . . . but it has nothing to do with unhappy customers.
“But Joe,” you say, “this is a consumer protection act violation case so it MUST have something to do with you being unfair to consumers.”
Nope. That ain’t it.
Readers, here’s a fun exercise:
Ask the AG’s office, under the Public Records Act, to email you a list of all the complaints they’ve received about me, Joseph M. Kaiser, or my former firm, Fiscal Dynamics, Inc.
State law requires they provide it to you, and they will. And when they do, you tell me if you can make heads or tales of it.
Or, even easier, call my local BBB and inquire about me or Fiscal Dynamics, Inc., and check out for yourself how we stand in their eyes.
What will you discover?
Zero complaints. None ever. In fact, the last time I checked they’d never even heard of us.
That’s seven years, 300+ transactions, and no one has as much as called the Better Business Bureau to register a complaint.
welcome to my world, pal!
The fix is in and you’d better believe, this lawsuit has nothing to do with unhappy customers or supposed consumer protection violations.
Rob, I’d like you to explain to me why it is you’ve gone on record as stating that the number one reason to be pursuing a Consumer Protection Act violation case is customer complaints, yet I am being harassed by your office having had no such complaints.
I think I’m entitled to an explanation.
You’ve also gone on record as stating you’re against an action that’s clearly driven by other forces and that using the Consumer Protection Act, where inappropriate, is unacceptable.
This is the classic case of just such an action.
I have what I believe to be the ultimate defense to all of this so-called Consumer Protection Act violation nonsense: a track record.
There are some 300 transactions under our belts, and anyone who looks at them with the slightest degree of objectivity will easily see that our business activities are anything but “unfair and deceptive.”
We provide a good and valuable service.
In fact, there are times when we provide an extraordinary service, and it is that very value we bring to the table that will ultimately be my defense.
It’s hard to argue with 300 transactions/zero complaints, but I don’t think that will stop your staff from trying.
And Rob, when AAG’s have no idea what real estate investing is all about, particularly foreclosure real estate investing, it’s easy for them to get confused and miss the nuances of what it is we do.
This was brought home when your AAG, unable to sufficiently explain her lack of understanding, stated, “I don’t know what they do, but I know it can’t be right.”
She’d seen a transaction where we’d made a profit that in her view, didn’t add up. When you take $5k and turn it into $50k overnight, it’s easy for someone intent on finding “scam” to conclude they’ve found one, whether a scam took place, or not. And that’s what’s happening here.
profits are the proof
Profits that might otherwise be proof of a good and valuable service being rendered are instead seen as evidence of a scam having taken place.
That means delivering an extraordinary service, one where a substantial profit is fair compensation in the opinion of everyone who objectively looks at the transaction, is instead deemed by your staff as the act of a con artist.
“I don’t know what they do (clearly), but I know it can’t be right.”
Rob, it would help if you’d move this investigation into the hands of someone with at least a little real estate experience. Someone, one would hope, who can look at the business of foreclosure real estate investing with a degree of objectivity.
Someone, ideally, not consumed with the determination to turn every transaction I’ve done into some sort of scam.
I don’t believe the role of investigator can be performed fairly by the current crop of AAG’s. What they lack in real estate experience, they’ve shown to make up for in a lack of objectivity.
It’s embarrassing, frankly, to witness investigators without even the most basic real estate knowledge trying to make heads or tails out of sophisticated, high-wire real estate transactions.
Coupled with the fact that (1) they refuse to ask me for an explanation about any of it, and (2) assume everything to be a scam, it’s almost comical.
And were it not the fact that your office is suing me for twenty million dollars today, it would be.
This point was clearly driven home in a meeting with our attorneys and your staff when it became clear an AAG didn’t understand the concept of equity, in terms of real estate equity.
Now, you’d think someone investigating real estate investors and claiming misdeeds and unfair acts would have a grasp on such a simple concept, but she clearly did not.
And when my attorney informed her the transaction she found troubling wasn’t at all what she thought it was because she’d failed to include the existing mortgage balance in her calculations, she stated she’d never considered mortgage balances in this or any of our other transactions because she didn’t feel what was owed on a property mattered all that much.
Rob, what’s owed matters to everyone but her. Get her out of here.
And with that logic, having done nothing wrong, having zero complaints registered and having never been sued by a seller claiming we’d done anything less than promised, a Consumer Protection Act violation can take root.
And that’s despicable.
So, what started this whole thing and is the driving force behind it today?
One thing’s for sure; it ain’t what you think.