IN THE CIRCUIT COURWF COOK COUNTY, ILLINOIS 1! COUNTY DIVISION . e3 . 2mm? 4? THE PEOPLE OF THE STATE 33398 UNITED CONSTRUCTION OF AMERICA, INC, an Illinois corporation, et a1. Honorable David B. Atkins Defendants. MOTION FOR A PRELIMINARY INJUNCTION AGAINST MARK DIAMOND AND UNITED RESIDENTIAL SERVICES AND REAL ESTATE. INC. Plaintiff, THE PEOPLE OF THE STATE OF ILLINOIS, by and through LISA MADIGAN, Illinois Attorney General, pursuant to section 7 of the Consumer Fraud and Deceptive Business Practices Act (?Consumer Fraud Act?), 815 ILCS 505/7, and Section 11?102 of the Illinois Code of Civil Procedure, 735 ILCS 5/11-102, moves that this Court enter a Preliminary Injunction against Mark Diamond, individually and as an agent of United Residential, and United Residential Services and Real Estate, Inc. (?United Residential?). In support of this Motion, Plaintiff relies on its Second Amended Complaint (?Complaint?), its Memorandum of Law in support of this motion, af?davits, and exhibits attached hereto and states the following: 1) Defendant Mark Diamond, individually and as an agent of United Residential, and Defendant United Residential strip home equity from elderly homeowners on the West Side of Chicago, in the neighborhoods of West Gar?eld Park, Austin, and Lawndale,using deceptive sales pitches about mortgage loans and the promise of home repairs that never occur or result in shoddy work. The Defendants Mark Diamond and United Residential intend that consumers rely on these misrepresentations so that they can obtain the proceeds of the mortgage loans, including risky reverse mortgage loans, without the consumers? knowledge. Mark Diamond?s and United Residential?s unlawful actions and resulting harm the Attorney General requests that the Court enter a preliminary injunction to restrain their conduct. 2) Plaintiff ?led a Second Amended Complaint for Injunctive and Other Relief on May 29, 2013, and incorporates by reference the allegations of the Complaint herein. 3) In 2014, the Of?ce of the Attorney General received a spike in complaints related to Mark Diamond and United Residential, including complaints received this month. 4) Plaintiff is also aware of dangerously shoddy home repair work performed by Mark Diamond and United Residential as recently as August of 2014. See Ex. 10, Pruitt Aff. Also, one consumer is facing eviction as a result of Mark Diamond?s misrepresentations. See Ex. 9 Polk Aff. 5) This Motion for a Preliminary Injunction (?Motion?) seeks to restrain and enjoin Mark Diamond, individually and as an agent of United Residential, and United Residential from ongoing violations of the Consumer Fraud Act, 815 ILCS 505/ 1 et seq. LEGAL STANDARD 6) Section 2 of the Consumer Fraud Act, 815 ILCS 505/2, makes it unlawful to engage in ?unfair or deceptive acts or practices, including but not limited to the use or employment of any deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact, with intent that others rely upon the concealment, suppression or omission of such material fact.? 7) The Consumer Fraud Act is ?intended to protect consumers, borrowers, and business persons against fraud, unfair methods of competition, and other unfair and deceptive business practices. It is to be liberally construed to effectuate its purpose.? Robinson v. Toyota Motor Credit Corp, 201 Ill.2d 403, 416-17 (2002). 8) Section 7 of the Consumer Fraud Act, 815 ILCS 505/7, speci?cally allows the Attorney General to request the Circuit Court to issue a preliminary or permanent injunction to enjoin any person or entity from engaging in any practice declared unlawful under the Act: Whenever the Attorney General or a State's Attorney has reason to believe that any person is using, has used, or is about to use any method, act or practice declared by this Act to be unlawful, and that proceedings would be in the public interest, he or she may bring an action in the name of the People of the State against such person to restrain by preliminary or permanent injunction the use of such method, act or practice. The Court, in its discretion, may exercise all powers necessary, including but not limited to: injunction; revocation, forfeiture or suspension of any license, charter, franchise, certi?cate or other evidence of authority of any person to do business in this State; appointment of a receiver; dissolution of domestic corporations or association suspension or termination of the right of foreign corporations or associations to do business in this State; and restitution. 9) Where a statute expressly authorizes a government agency to seek injunctive relief, the government agency need only show a violation of the statute, rather than the common law elements, in order to obtain a preliminary injunction. See People ex rel. Hartigan v. Stianos, 131 Ill. App. 3d 575, 579-580 (2nd Dist.1985). 10) An injunction can bar otherwise legal activities, including barring people from the business of home repair and remodeling, if the injunction addresses a defendant?s unlawful acts and prevents them from occurring again. See People v. Smith, 2012 IL APP (lst) 113591 1 24. 11) Mark Diamond, individually and as an agent of United Residential, and United Residential gain entry to consumers? homes on the pretense of contracting for home repair and remodeling goods and services and engage in an unlawful scheme to strip equity from consumers homes by: (1) inducing consumers to take out mortgage loans, often through the use of deceptive misrepresentations and omissions; (2) appropriating and retaining the mortgage loan proceeds from consumers for promised home repairs with the intent that consumers rely on Mark Diamond?s and United Residential?s misrepresentations that the home repair would be completed; and (3) failing to order materials, or failing to commence or complete the home repair work in a lawful fashion, or otherwise performing work in an incomplete and/or shoddy manner while failing to refund any money to consumers. The particular facts of each consumers? interaction with Mark Diamond and United Residential are included in the af?davits from nine consumers, mostly senior citizens, and family members of two consumers, which are attached as Exhibits 1-1 1. 12) Most consumers do not know the amount of their mortgage loans at closing because Mark Diamond: (1) tells consumers they are participating in a free government program, and thus, does not tell consumers they are taking out a mortgage; or (2) does not tell the consumers the amount of the mortgage loans; or (3) misrepresents the amount of consumers? mortgages. To establish the amount of consumers? mortgages, Plaintiff has attached: a. certi?ed copies of the mortgages for all but two of the consumers? homes referenced in Plaintiff?s supporting memorandum as Exhibit 12; b. a HUD-1 Settlement Statement for Mary Hale that Mark Diamond produced in discovery as Exhibit 13; c. a business record af?davit from Liberty Home Equity Solutions, Inc., formerly doing business as Genworth Financial Home Equity Access, Inc., and the HUD-1 Settlement Statements for both Louise Minter and Alice Polk as Exhibit 14; d. a business record af?davit from Primary Title Services, LLC and the HUD-1 Settlement Statements for Ida Christopher, Bertha Culberson, Dorothy Hillman, Levada Johnson, and Louise Minter as Exhibit 15. 13) Though not an element Plaintiff must prove to win a motion for preliminary injunction, recent Mark Diamond complaints received by the Attorney General highlight the imminent harm consumers who are the victims of Mark Diamond?s scheme experience. For example, Alice Polk, lost her home to foreclosure after MarkDiamond induced her to encumber it with a reverse mortgage. See Ex. 9, Polk Aff. Mark Diamond deceived Ms. Polk by misrepresenting to her that the repairs to her home would be funded through a free government program. Mark Diamond did not explain to Ms. Polk anything about reverse mortgages, including the need to obtain counseling and the requirement to maintain homeowner?s insurance. Subsequently, a foreclosure action against her was brought based on her lack of insurance. Ms. Polk lost approximately 100,533 of equity in her home. The home repairs performed by Mark Diamond and United Residential were incomplete and shoddy. An emergency motion ?led to stay the eviction of Alice Polk from her home is attached as Exhibit 16. 14) Another example of imminent harm is Dorothy Pruitt?s case. The home repairs performed by Mark Diamond and United Residential were so poor that Ms. Pruitt?s home is now in a hazardous condition and a danger to her and her family. See Ex. 10, Pruitt Aff. Dorothy Pruitt had her home inspected by a home inspector to assess the damage done by Mark Diamond and United Residential. An af?davit from Frank Fletcher-Broucek of Fletcher?Broucek Home Inspection Services, with a copy of the home inspection report he completed on Dorothy Pruitt?s home, is attached as Exhibit 17. In addition, Edward Gamble, an investigator from the Attorney General?s Of?ce, took pictures of some of the home repairs performed by Mark Diamond and United Residential on the home of Dorothy Pruitt, as well as the homes of Bertha Culberson, Levada Johnson, and Clyde Ross. An af?davit from Investigator Gamble, certifying that he took the photographs attached to his af?davit is attached as Exhibit 18. 15) As further evidence of Mark Diamond?s unlawful scheme to strip equity from consumers? homes by inducing consumers to take out mortgage loans, often through deceptive misrepresentations and omissions, at least one lender, Urban Financial Group, Inc. (?Urban Financial?), now refuses to do business with Mark Diamond and United Residential. Plaintiff attaches a business records af?davit from Urban Financial along with the bulletin that Urban Financial issued on July 25, 2012, stating that it will not accept loan submissions involving Mark Diamond or United Residential as Exhibit 19. This is the only bulletin Urban Financial has ever issued instructing its agents not to do business with speci?c contractors. The bulletin states closing agents will be instructed not to disburse funds to Mark Diamond and United Residential. Urban Financial issued the bulletin in response to allegations made to Urban Financial by persons who dealt with Mark Diamond and United Residential. MARK DIAMOND FAILED TO COMMENCE OR COMPLETE HOME REPAIRS OR PERFORMED HOME REPAIRS IN AN MANNER 16) As further evidence of Mark Diamond?s unlawful scheme, Mark Diamond and United Residential have never registered to perform electrical work in the City of Chicago, as required, even though they performed electrical work for several Chicago consumers, as detailed in the consumer af?davits attached and in Plaintiff?s supporting memorandum. A sworn statement from Matthew W. Beaudet, First Deputy Commissioner of the Chicago Department of Buildings, indicating that neither Mark Diamond nor United Residential has ever registered to perform electrical work in the City of Chicago for any of the consumers? homes referenced in Plaintiff?s supporting memorandum is attached as Exhibit 20. 17) As further evidence of Mark Diamond?s unlawful scheme, neither Mark Diamond nor United Residential has ever had a license to perform roo?ng services in the State of Illinois from the Illinois Department of Financial and Prcifessional Regulation as required, even though they have performed roo?ng services for Illinois consumers, as detailed in the consumer af?davits attached and in Plaintiff? supporting memorandum. A sworn statement from Jay Stewart, Director of the Division of Professional Regulation at IDFPR, indicating that neither Mark Diamond nor United Residential have a roo?ng license from IDFPR is attached as Exhibit 21. 18) As further evidence of Mark Diamond?s unlawful scheme, neither Mark Diamond nor United Residential has ever obtained a plumbing license from the Illinois Department of Public Health as required, even though they have performed plumbing services for Illinois consumers, as detailed in the consumer af?davits attached and in Plaintiffs supporting memorandum. An af?davit from Justin DeWitt, Senior Public Service Administrator of IDPH, indicating that neither Mark Diamond nor United Residential has a plumbing license from IDPH is attached as Exhibit 22. 19) As further evidence of Mark Diamond?s unlawful scheme, Mark Diamond and-United Residential did not apply for building permits for nine of the ten consumers whose af?davits are attached and who are referenced in Plaintiff?s supporting memorandum. The City of Chicago requires building permits so that it can ensure that the work will be done in a safe and thorough manner. As such, there was no mechanism for the City to oversee and approve the work done by Mark Diamond and United Residential, depriving citizens of an essential consumer protection. A statement from Matthew W. Beaudet stating that neither Mark Diamond nor United Residential applied for building permits to perform work on the consumers? homes referenced in Plaintiff? supporting memorandum is attached as Exhibit 20. 20) Mark Diamond and United Residential represent that they will complete home repairs, but many times they do not. As further evidence of Mark Diamond?s unlawful scheme to strip equity from consumers? homes by failing to commence or complete home repair work, consumer Clyde Ross was ordered to complete repairs to his rear porch by May of 2013, a job that he hired Mark Diamond and United Residential to perform, but which remains incomplete. A certi?ed copy of the ?nal court order dated November 15, 2012 in the City of Chicago v. Clyde Ross, 11 MI 402732 is attached as Exhibit 23. 21) As further evidence of Mark Diamond?s unlawful scheme to strip equity from consumers? homes by failing to commence or complete the home repair work in a lawful fashion, the Of?ce of the Illinois Attorney General sent certi?ed demand letters to Mark Diamond and United Residential for failing or refusing to commence or complete home repair work, pursuant to Section 2Q of the Consumer Fraud Act. It sent such letters to Mark Diamond and United Residential on behalf of Mary Hale and Frankie Jenkins. Attached to this motion as Exhibit 24 is the af?davit of Patrick Hurley, the Mediation Coordinator of the Mediation Unit of the Illinois Attorney General?s Of?ce, attesting to the fact that the Illinois Attorney General sent certi?ed demand letters to Mark Diamond and United Residential on behalf of Mary Hale and Frankie Jenkins. Neither Mark Diamond nor United Residential commenced or completed work or returned consumers? money after receiving the demand letters. CONCLUSION 22) Plaintiff is entitled to a preliminary injunction prohibiting Mark Diamond and United Residential from continuing to violate the ConSumer Fraud Act. 23) The af?davits and other exhibits attached to this motion evidence the fact that the ongoing unlawful acts and practices of Mark Diamond and United Residential continue to harm, and threaten new harm to consumers this litigation pends, and the resulting on-going and threatened harm to consumers far outweighs any temporary hardship to Mark Diamond and United Residential that may result from a preliminary injunction. 24) Plaintiff has met its burden for a preliminary injunction in this case because it is a government agency that has established violations of a statute that authorizes Plaintiff to seek injunctive relief. See People ex rel. Hartigan v. Stianos, 131 ?Ill. App. 3d 575, 579-580 (2nd Dist.1985). Although unnecessary, Plaintiff has also met the common law requirement for issuance of a preliminary injunction because Plaintiff has shown that: a. b. Plaintiff has a clear and ascertainable right to enforce the Consumer Fraud Act; Plaintiff has demonstrated a reasonable likelihood of success on the merits; Irreparable harm will result if Mark Diamond?s and United Residential?s ongoing and continuing violations of the Consumer Fraud Act are not immediately restrained and enjoined. No remedy at law is adequate to protect the People of Illinois from Mark Diamond?s and United Residential?s ongoing, unfair and deceptive business practices, as injunctive relief is the only appropriate remedy by which to restrain Mark Diamond and United Residential from continuing conduct that violates the Act and threatened conduct for which there is no adequate remedy at law; Any hardship to Mark Diamond and United Residential is minimal compared to the harm to the public if the unlawful course of conduct by Mark Diamond and United Residential continue unabated; and Pursuant to Section 11-103 of the code of Civil Procedure, 735 ILCS 5/11-103, Plaintiff, the Illinois Attorney General, is not required to post a bond because it is a ?governmental of?ce or agenCy.? 25) Mark Diamond?s and United Residential?s conduct in this matter is so egregious and broad that it warrants an injunction that bars them from engaging in the businesses in which they conduct their unlawful activity. 26) Consequently, Plaintiff seeks an injunction barring Mark Diamond and United - Residential from encouraging consumers to take out a mortgage in their home or engaging in the business of home repairs, as detailed in the prayer for relief below. As further argued in the supporting memorandum of law, when Mark Diamond and United Residential are allowed to facilitate mortgage ?nancing or engage in home repair, they habitually engage in a pattern and practice of unlawfully appropriating loan proceeds and provide shoddy and incomplete home repair work. These actions cause ongoing harm to consumers, create hazardous conditions in consumers? homes and give rise to devastating ?nancial repercussions that include the threat of foreclosure and the loss of generations of wealth stored up in family homes. PRAYER FOR RELIEF WHEREFORE, Plaintiff requests that this Honorable Court enter an order: A. Preliminarin enjoining Mark Diamond and United Residential, and each of them, individually and by any name or through any corporation, partnership or business in which Mark Diamond and United Residential, or any of them, have an interest, and through any of their af?liates, agents, employees or representatives, and through any employment or independent contractor arrangement where Mark Diamond works for any other corporation, partnership, individual, or other entity, and all persons in active coordination with any of them from engaging in the following conduct in the State of Illinois: 1. Discussing, encouraging, or otherwise convincing consumers to take out mortgage loans; 10 2. Facilitating placing, processing, negotiating, arranging or helping consumers to obtain mortgage loans secured by real estate in Illinois, or by otherwise acting as a middleman between an Illinois borrower and a mortgage broker, lender or originator; 3. Entering into contracts, whether express or implied, for the performance of any repair to any consumer?s home or residential property; including, but not limited to roo?ng, plumbing or electrical services; 4. Engaging in the business of home repair and remodeling, as defined by 815 ILCS 513/10; and 5. Collecting any funds directly or indirectly, from any consumers related to the performance, whether partial or complete, for any of the conduct outlined in subsection A of this Prayer for Relief; B. Declaring all existing contracts, whether express or implied, including, but not limited to home repair contracts, entered into between Mark Diamond and/or United Residential and Illinois consumers unlawful and therefore void; and C. Granting any such other relief as the Court deems just and equitable. Respectfully submitted this day of Sf 3&2 2014. THE PEOPLE OF THE STATE OF ILLINOIS LISA MADIGAN, GENERAL I: i 0%ng M. Hers Assr'igsgant :tt ey General Cg! mer aud Bureau 11 Attorney No. 99000 LISA MADIGAN Attorney General of Illinois SUSAN ELLIS Chief, Consumer Fraud Bureau SARAH POULIMAS KIMBERLY SLIDER JOSEPH SANDERS MICHELE CASEY E. PAIGE BOGGS Assistant Attorneys General Consumer Fraud Bureau 100 West Randolph St., 12th Floor Chicago, Illinois 60601 (312) 814-1528 12 EXHIBITS IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION THE PEOPLE OF THE STATE OF ILLINOIS Plaintiff, NO. O9CH33398 v. Hon. David B. Atkins UNITED CONSTRUCTION OF AMERICA, INC., an Illinois corporation, SKYWAYBUILDERS INC., an Illinois corporation UNITED RESIDENTIAL SERVICES REAL ESTATE INC., an Illinois corporation, OSI FINANCIAL SERVICES, INC., an Illinois corporation, HARBOR FINANCIAL GROUP, LTD., a dissolved Illinois corporation and MARK DIAMOND, individually and as an Agent of United Construction, Skyway Builders, Harbor Financial and President of United Residential and 081 Defendants. AFFIDAVIT OF TYRONE CHRISTOPHER I, TYRONE CHRISTOPHER, certify under penalty of perjury that I have personal knowledge of the matters stated herein and if called upon to testify, I would competently testify as follows: 1. I reside in a two-?at house at 4433 W. West End Avenue, Chicago, Illinois 60624. 2. I live in the ?rst ?oor unit with my 88-year old mother, Ida M. Christopher. 3. My mother who is the owner has lived in this home since 1964. EXHIBIT 10father, Edward Christopher was co-owner of the home. He died in 2013. My sister, Denise Christopher, resides with her two children in the second ?oor unit. I was aware that there was a lien on our home for $38,000.00 with Bank One. I was in talks with Douglas Johnson who represents Bank One, and he told me that the judgment could be settled for $25,000.00. On or about, May 3, 2014, a lady called my sister, Denise, and indicated to her that we could get our house repaired for free. She said she was from the Chicago Department of Aging. On or about May 3, 2014, a man named Mark came to my home. The photo attached as Exhibit A is a true and accurate depiction of the man that came to my home. Mark cameinto my home for a meeting. He brought a stack of papers with him. My sister, Denise, my mother, and I were present with Mark. Mark said we should get a reverse mortgage. He pointed out that there was a lien on our home for $38,000.00, and the home was in foreclosure. Mark said we would not have to pay this lien back, and my mother would be allotted cash from the reverse mortgage. He said she would get $20,000.00 I told Mark that my mother could not sign the papers he handed her because she was not of sound mind. A doctor had diagnosed her with severe dementia in August 2013. My mother signed the papers, anyway. The papers Mark had given her were pre-dated ?3/27/14? from American Fidelity Financial Services. Mark left the pre-dated papers with my mother, and took the signed copies. 18about May 5, 2014, I called Mark to tell him we did not want the reverse mortgage. He told me I was irrelevant. On or about May 5, 2014, I called Gary Bohn from American Fidelity Financial and told him we did not want the reverse mortgage loan. He said ?Okay.? I discovered that there is a mortgage now for $232,500.00 on our home when previously there was only a lien for $38,000.00. In September 2014, contractors began working on our home on the 2nd Floor unit where my sister lives. They gutted the second ?oor bathroom and rehabbed it. They installed a ceramic tile ?oor, toilet, sink, vanity, and towel rods. It took approximately two weeks for the workers to complete this work. FURTHER AF IANT SAYETH NOT. CERTIFICATION Under penalties as provided by law pursuant toa Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certi?es that the statements set forth in this instrument are true and correct except as to matters stated herein to be on information and belief, and as to such matters, the undersigned certi?es that he/ she verily believes the same to be true. Tyrone Christopher Date I EXIBIT IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION THE PEOPLE OF THE STATE OF ILLINOIS Plaintiff, v. UNITED CONSTRUCTION OF AMERICA, INC., an Illinois corporation, SKYWAYBUILDERS INC., an Illinois corporation UNITED RESIDENTIAL SERVICES ESTATE INC., an Illinois corporation, OSI FINANCIAL SERVICES, INC., an Illinois corporation, HARBOR FINANCIAL GROUP, LTD., a dissolved Illinois corporation and MARK DIAMOND, individually and as an Agent of United Construction, Skyway Builders, Harbor Financial and President of United Residential and OSI Defendants. NO. 09CH33398 Hon. David B. Atkins AFFIDAVIT OF BERTHA CULBERSON I, BERTHA CULBERSON, certify under penalty of perjury that I have personal knowledge of the matters stated herein and if called upon to testify, I would competently testify as follows: 1. I am an 82 year-old African American senior citizen. 2. I reside in a single?family home located at 1144 N. Mason, Chicago, Illinois 60651. 3. I have lived in my home for 31 years. 4. My sons Jerry Wilson and James Wilson live with me. EXHIBIT i 61 10. 11. 12. 13. 14. 15. After I graduated from vocational school, I worked for 43 years as a certi?ed nursing assistant before retiring. Mark Diamond did work on my kitchen in 1998. Mark Diamond?s brother, Terry Diamond, installed a new sink, new cabinets, and ceramic tile on the ?oor of my kitchen. Mark indicated the cost for the repairs would be added to my mortgage at that time. Sometime in 2013, a person by the name of Wallace began calling my home. She told me there was govemment?funded loans for seniors to repair their homes. She said she worked for the federal government for housing. Wallace told me to write a check and make it payable to ?Glenn Williams.? I wrote a check for $500.00. I have problems with my legs so I had the check sent down by my 10?year old great granddaughter. She gave the check to who waited outside my home in her car. On another occasion, called my house and asked for $400.00 for the repair program. I gave $400.00 in cash to My great granddaughter delivered the cash to who waited outside my home in her car. On a third occasion, called and asked for $1,200.00 for the repair program. I wrote a check made payable to ?Glenn Williams? for $1,200.00. My great granddaughter again took this check down to who waited in her car outside my home. called me again on a fourth occasion, and asked for more money. I told her I was not going to give her any more money. Patricia came to my home and told me there was a govemment-funded loan program. Patricia took my phone number and handed me a ?yer. On this occasion, came into my home, and saw Patricia. then left. I told Patricia 1 gave money for the government repair program for seniors. Patricia told me not to give any more money. Patricia then called Mark Diamond. 16few minutes later, Mark Diamond came to my?home. I recognized Mark Diamond from the previous work he had done on my home. Mark Diamond told me that Wallace had not worked for him in a year, and she had obtained my con?dential. information and that of his other clients as well. He showed me a photo of her, and I agreed that the woman in the picture came to my home. Mark Diamond told me he could do repairs to my home and make my life easy. He stated that he was a contractor and can provide the repairs through a government funded program for seniors at no cost to me. He stated that there would be enough money provided to me to cover my home insurance for one year and mortgage relief payment. A couple of weeks later, Mark Diamond came back to my house with papers. Mark Diamond brought a woman to my home for a meeting with me. Mark Diamond and the woman had me sign papers. At the meeting, Mark Diamond just told me to Sign the papers he brought with him. My eyesight was failing so I asked Mark Diamond if I could sign the papers later. I later discovered that I have cataracts. Mark Diamond insisted that I sign the papers at that time. I signed the papers. I did not date the papers when I signed them. Mark Diamond did not tell me that I was signing a reverse mortgage loan. Mark Diamond stated that I must sign the papers for work to be done on my home. Mark Diamond said that I was signing the papers in order to receive free repairs to my home. I asked Mark Diamond how much this was going to cost me. He said ?nothing.? Mark Diamond took the papers I signed. He did not leave copies for me, but agreed to mail them to me. 32about February 8, 2013, Mark Diamond sent me a set of papers through United Parcel Services (UPS). On or about February 13, 2013, an appraiser came out to my home and took photos inside and outside of my home. 3 On another occasion, Mark Diamond came to my home and waited for a phone call on my home phone. When the phone rang, I answered. Mark said the phone call was for him. Mark talked to the man, and then handed the phone to me. He told me to say my name into the phone. I said my name into the phone. I heard a man?s voice say, ?You are approved.? On or about March 7, 2013, Mark came back to my home. He waited in my home for a woman to arrive. The woman gave me papers to sign. She told me to ?sign here.? I wrote my signature where she told me to sign. In some places, she had me place my initials. She took-the papers without leaving me any copies. Mark Diamond gave me a check and told me to sign the check. I signed the back of the check, but I never saw the front of the check. Mark Diamond took a photo of me holding the check. I never received any money from Mark Diamond. On or about June 15, 2013, Mark began repair work on my home. One worker started to repair my half bathroom located on the main level. The worker took almost three weeks before the work on my half bathroom was completed. Two weeks later, Mark Diamond sent a worker named Mario out to repair the second bathroom on the second ?oor. It took this worker approximately three weeks to complete the second ?oor bathroom. The sliding door track came off the shower one week later. Mario came back out to ?x it. 43spite of doing work in two of my bathrooms, I was not aware that Mark and his contractors did not have plumbing licenses. I tried to contact Mark Diamond to complain about the work, but he would never answer my calls. My daughter called from her phone, an unknown number to Mark Diamond, and he answered on the ?rst ring. Mark Diamond then promised me that repairs would be made; he told me that he was having personal issues. During this time, I never had a home repair contract or address for Mark Diamond or anything listing the work to be completed. The ?rst and second ?oor bathrooms repairs were complete when my daughter, Tarra White, met with Mark, and asked him for a contract. On or about May 20, 2014, Mark then provided'a written contract titled ?United Residential Services Home Repair Contract? that was already dated March 7, 2013..A true and correct copy of this contract is attached to this Af?davit as Exhibit A. He had not given me a contract prior to this. Mark and his contractors did not complete most of the work listed on the contract. This work included the following: a. Tear down existing front porch; b. Windows; 0. Garage roof; (1. Siding; e. Bedrooms; f. Electrical; g. Kitchen; h. Basement; i. Sidewalk; j. New gutter system throughout; 50. I was not aware at the time that'Mark and his contractors did not have roo?ng or electrical licenses. 51. I began receiving reverse mortgage statements in the mail from Live Well. 52. I called Mark to look at the statements because I had many questions. He refused to come by my house and, instead, made excuses for not meeting with me. 53. I received a phone call from Live Well, and I did not understand what they were saying. 54. My daughter, Tarra, called Live Well for me. 55. Live Well informed me that I had taken out a reverse mortgage loan for approximately $112,220.00 and that Mark ?had used my home as collateral. . 56. I never received any reverse mortgage counseling. I never met with or spoke with anyone at Smart Money. 57. I have called Mark Diamond. He never answers my calls. FURTHER AFFIANT SAYETH NOT. CERTIFICATION Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certi?es that the statements sci forth in this instrument are true and correct except as to matters stated herein to be on information and belief, and,as to such matters, the undersigned certi?es that he/ she verily believes the same to be true. . )4 BERTHA CULBERSON Mir 2W Date G-C. LICENSE TGC 009220 HOME REPAIR LICENSE 1873470 LIMITED BUSINESS LICENSE 1274355 WME REPAIR CONTRACT PAGE1OF2 BUYER (OWNER) PHONE - ADDRESS DATE JOB ADDRESS CITY CITY 1 d2 - STATE ZIP CODE ANY AND ALL WORK INCLUDED IN THIS CONTRACT ASSUMES THE EXISTING MECHANICAL EQUIPMENT IS WITHIN THE PRESENT STANDARDS. IF UPDATING IS REQUIRED. THE COST IS TO BE AN ADDITIONAL CHARGE, AND IS THE RESPONSIBILITY OF HOMEOWNER, UNLESS OTHERWISE STATED IN THIS CONTRACTAGREES TO PAY THE SUM OF WOO) auv ER AGREES TO PAY THE AFOREMENTIONED PRICE 5 FOLLOWS: M4- awe-I - ON DATE OF CONTRACT ON AND THEBALANCEOF $0 I ON Osman?. .01 nd 0- NO VERBAL AGREEMENT OR CHA RGEs ARE TO as COGNIZED. ADDITIONAL WORK NOT SPECIFIED MUST DEA UTHORIZED IN VIIRITING BY URCHASERANDA CEPTED BY CONTR CT R. . more? W05 -: *v UNITED TE, WARRANTIES A LABOR FOR A PERIOD OF ONE YEAR AFTER THE COMPLETION OF THE THE HOMEOWNER IS RESPONSIBLE TO PROVIDE ANY ALL BUILDING PERMITS WHE NEEDED. UNITED RESIDENTIAL SERVICES REAL ESTATE, INCORPORATED IS IN NO VI RESPONSIBLE FOR PROVIDING ANY AND ALL BUILDING PERMITS UNLESS STATED IN THIS.CONTRACT. NOTICE OF CANCELLATION YOU, THE CONSUMER, MAY CANCEL THIS TRANSACTION AT ANY TIME. PRI TO MIDNIGHT OF THE .THIRD BUSINESS DAY AFTER THE DATE OF TI TRANSACTION, SEE THE ATTACHED NOTICE OF CANCELLATION FOR - EXPLANATION OF THIS RIGHT. - BUYER ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS CONTRACT EXECUTED BY BOTH SELLER AND BUYER. BUYER, IF ANY, ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS CONTRACT EXECUTED BY BOTH SELLER ANE BU ER. DATE: 26 ?3 BY: :3 EXHIBIT RES BNHALSERWCESSLREALESTATEM . . G.C. HOME REPAIR LICENSE 1873470 LIMITED BUSINESS LICENSE 1274355 EPAIR CT .. HOM BUYER (OWNER) :4 g, PHONE . . . ADDRESS -v I DATE CITY (LID- -.- STATE 3' . I CITY ANY AND ALL WORK INCLUDED IN THIS CONTRACT ASSUMES THE EXISTING EQUIPMENT WITHIN THE PRESENT CODE STANDARDS. IF UPDATING IS REQUIRED. THE COST IS TO BE AN ADDITIONALICHARGE. AND IS THE RESPONSIBILITY OF THE HOMEOWNER. UNLESS OTHERWISE STATED IN THIS CONTRACT1.: SILJ. .u J, Mr 4 L. {Li/7.13? . . . .. . .Imyz- 7-4 A 141 l. 1! 1.2-IlBUYER AGREES To PAY THE SUM F8 449/ I BUY ER AGREES TO PAY THE AFOREMENTIO I PRICEAS . i ON DATE OF CONTRACT 4 ON - AND THE BALANCE OF 5, 3 NO VERBAL AGREEMENT OR CHA RGES ARE TO BE RECOGNIZED. WORK MUST BE AUTHORIZED IN WRITING BY PURCHA SER AND ACCEPTED BY CONTRACTOR. . 4 UNITED RESIDENTIAL SERVICES REAL ESTATE, INC. WARRANTIES ALL LABOR FOR A PERIOD OF ONE YEAR AFTER THE COMPLETION-OF THE WORK. THE HOMEOWNER IS RESPONSIBLE TO PROVIDE ANY AND ALL BUILDING PERMITS WHERE NEEDED. UNITED RESIDENTIAL SERVICES REAL ESTATE, INCORPORATED IS IN NO WAY RESPONSIBLE FOR PROVIDING ALL BUILDING PERMITS UNLESS EXPLICITLY STATED IN THIS CONTRACT. 2 NOTICE OF CANCELLATION YOU, THE CONSUMER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY DATE OF THIS- TRANSACTION, SEE -THE ATTACHED NOTICE OF CANCELLATION FOR AN EXPLANATION OF THIS RIGHT. - BUYER ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS EXECUTED -BY BOTH SELLER AND BUYER. CO- EEYER. IF ANY, ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS CONTRACT EXECUTED BY BOTH SELLER AND CO- R. I DATE?re can!? m: AND APPanm- .F-D-Flm"h- mac?aww?u. . UNITED-RESIDENTIAL SERVICES 5: am ESTA-TE me. - .1 2355 N. DAMEN . FIRST FLOOR HOME REPAIR LICENSE . 1' L, CHICAGO, ILLINOIS 60647 1873470 . . LIMITED BUSINESS LICENSE G.C. LICENSE TGC 0009220 1274355 i . a) .5 JOB SPECIFICATIONS - Mia/f ,114. line/1 ll 11.; I mgr/1,47 3352 0" ?/IsT/l? 2/29 5190;: ?ai/ISI/lffv - 1.2m j: (awg? W0: . a (o/xj?cl 7/52 6 ad; . air/?z zgfooaf" 9/674 91/42 0 4/06? IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, No. 09 CH 33398 V. UNITED CONSTRUCTION OF AMERICA, INC, an Illinois corporation, Honorable David B. Atkins SKYWAY BUILDERS INC., an Illinois corporation, INC., an Illinois corporation, OSI FINANCIAL SERVICES, INC., an Illinois corporation, HARBOR FINANCIAL GROUP, LTD., a dissolved Illinois corporation, 3 UNITED RESIDENTIAL SERVICES REAL ESTATE and MARK DIAMOND, individually and as an agent of UNITED CONSTRUCTION OF AMERICA, INC., SKYWAY BUILDERS INC., HARBOR FINANCIAL GROUP, LTD., and President of UNITED RESIDENTIAL) SERVICES REAL ESTATE INC. and OSI FINANCIAL) SERVICES, INC., Defendants. AFFIDAVIT OF MARY HALE 1, Mary Hale, certify under penalty of perjury that I have personal knowledge of the matters stated herein and- if called upon as a witness, I would competently testify as follows: 1. My name is Mary Hale. 2. I am 75 years old and African American. 3. I have operated a daycare out of my home for over 28 years. EXHIBIT 3 10. 11. 12. 13. In 1970, I married my husband, Olen, and we bought our home at 426 Harding Ave. in Chicago, Illinois. We raised one child and six grandchildren in our home. Olen passed away in 1999. Mark Diamond knocked on my door in June of 2007 asking if I needed work done on my home, and I said that I did. I Mark Diamond told me he could remodel the entire home, including: a. Replacing or repairing the roof; b. Replacing the gutters; c. Sealing a crack on side of the home; (1. Replacing the windows; e. Remodeling the two existing bathrooms; f. Remodeling the kitchen; g. Remodeling the basement; h. Creating two rooms and a bathroom in the open attic space; i. Replacing the porch; and j. Replacing all the ?oors. Mark Diamond did not write down any of the repairs we discussed. I never got a written proposal or signed a home repair contract. Mark Diamond did not give me a Home Repair: Know Your Consumer Rights brochure. Mark Diamond said I would have to re?nance my mortgage and take out about $40,000 of equity to pay for the repairs. At the time, my home was almost paid off. My mortgage payments were around $500 a 14. 15. l6. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. month. Mark Diamond told me he would come back with his lawyer to re?nance my mortgage. Late one night in June or July of 2007, around eleven o?clock, Mark Diamond called me to tell me that he and his lawyer were coming by my home to re?nance my mortgage. They were at my home for about 10-15 minutes. Mark Diamond?s lawyer had a stack of paperwork, but he only asked. me to sign one piece of paper. Mark Diamond explained I needed to sign that piece of paper so the re?nancing check could be released. I asked Mark Diamond if I needed a lawyer. He said I did not need a lawyer because re?nancing was easy. Mark Diamond told me we were taking around $40,000 of equity out of my home in the re?nancing. I have not seen a check from the re?nancing. Mark Diamond did not tell me how much my mortgage payments would be. A couple of weeks after I re?nanced, I learned that my new mortgage payments were around $1,300 a month. It was dif?cult for me to pay $1,300 a month for my mortgage. It was three times what I paid for my original mortgage. Mark Diamond told me to make my payments to 081 instead of the bank. Mark Diamond began work after the re?nancing, sometime in the summer of 2007. I told Mark Diamond that I could not be around the construction because of my asthma. Mark Diamond said he would arrange for me to live somewhere else during the construction. 28the summer of 2007, Mark Diamond arranged for me to move into a house at 3910 W. Van Buren in Chicago. I did not pay rent, but I had to clean up the house before I moved in. In addition to cleaning, I had to clean the carpets and remove roaches and rats. I had to buy my own supplies to get rid of the roaches and rats. Around November of 2008, my mortgage payment increased to $1,700 a month. I made my payment every month, but the bank told me I was behind in my payments. The bank asked me to pay two mortgage payments a month to catch up on the payments the bank said I missed. I was worried I would not be able to pay my mortgage. I started calling Mark Diamond and telling him that I wanted to move back into my home. Mark Diamond kept delaying and changing the date I was supposed to move home. Around November of 2008, I took out a reverse mortgage with a company not af?liated with Mark Diamond because I could not afford my new mortgage payment. While I was getting the reverse mortgage, I found out that Mark Diamond took more than $40,000 of equity out of my home. On December 24, 2008, Christmas Eve, I went back to my home. A woman I did not know was living in my home. She said she worked for Mark Diamond and had been living in my home for months. The woman said Mark Diamond changed the locks to my home, and she gave me the new keys. I moved back into my home that day. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. When I moved back into my home, it was in very poor condition. It looked like Mark Diamond took out the good things in my home and replaced them with bad things. Mark Diamond?s crew: 9? replaced the existing bathtub that was in good condition with a used bathtub that looked scratched and dirty; b. removed the existing, new toilets and replaced them with used toilets that were moldy; c. replaced all but one of the original crown-molded, two hundred year-old doors throughout the home with new, inexpensive doors; d. replaced the heavy back door with a thin back door; and 9 replaced the new, existing furnace with a used furnace that would not light. They also repaired the porch so poorly that it is now unsafe. My granddaughter fell on the porch because of its poor condition. Mark Diamond?s crew messed up the electricity throughout the home. When the lights turn on, they dim and make a humming sound. When I moved back into the home, wires were coming out of the outlets and none of the outlets were covered. Some of the outlets still do not work. Mark Diamond?s crew put a laminate wood ?oor over the existing hardwood ?oors. When they did this, they did not even cut holes for the vents. My family and I had to cut holes in the ?oor, so we could turn on the heat. Mark Diamond?s crew left a lot of un?nished work, including the basement. 51. 52. 53. 54. 55. 56. 57. 58. They also never started working on the outside of the home or the two bedrooms and one bathroom that were supposed to be created in the attic. Mark Diamond also took a lot of things from my home, including: a. Two hundred year old crown molding covering my windows and doors; b. My stove and refrigerator; 0. Childrens? toys that I used for my daycare; (1. My yard tools; and e. Two lawnmowers. Mark Diamond has not done any work since I moved back into my home. I paid $10,000 to a neighbor to help ?x some of the work Mark Diamond did. In September of 2008, one of Mark Diamond?s workers put a lien on my home. I paid off the lien in November of 2008. To date, Mark Diamond has not given me any money from the re?nancing. I did receive $875 from United Residential, but it was not from the re?nancing. The money was to repair my car after one of Mark Diamond?s workers damaged it. FURTHER AFFIANT SAYETH NOT. CERTIFICATION Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certi?es that the statements set forth in this instrument are true and correct, except as to matters stated herein to be on information and belief, and as to such matters the undersigned certi?es that the undersigned verily believe the same to be true. Mary Hale:5 /o7 7/15; Date IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION THE PEOPLE OF THE STATE OF ILLINOIS Plaintiff, NO. 09CH33398 v. Hon. David B. Atkins UNITED CONSTRUCTION OF AMERICA, INC., an Illinois corporation, SKYWAYBUILDERS INC, an Illinois corporation UNITED RESIDENTIAL SERVICES REAL ESTATE INC., an Illinois corporation, OSI FINANCIAL SERVICES, INC., an Illinois corporation, HARBOR FINANCIAL GROUP, LTD., a dissolved Illinois corporation and MARK DIAMOND, individually and as an Agent of United Construction, Skyway Builders, Harbor Financial and President of United Residential and 081 Defendants. AFFIDAVIT OF DOROTHY HILLMAN I, DOROTHY HILLMAN, certify under penalty of perjury that I have personal knowledge of the matters stated herein and if called upon to testify, I would competently testify as follows: 1. I am a 79 year old senior citizen. 2. I live in a single-family home at 811 N. Lorel Avenue, Chicago, Illinois. EXHIBIT 10have lived in my home since 1982, and it was paid off. My son, Marshall Deloney, lives with me. On or about June 1, 2014, an African American woman came to my door and said I quali?ed for free home repairs through a HUD government program. She said it would not cost me anything. She told me all the things that could be repaired. She took my phone number. A few days later she came by with a man. He was not too tall, and was slim. He was white and had blonde or grey hair. The man identi?ed himself as Mark and went around the house and in my yard identifying what repairs could be done. The photograph attached to this Af?davit as Exhibit A is a true and accurate depiction of the man that came to my home. He said they could rehab my back porch. He also said he could enlarge my front porch. He also said he could rehab the bathroom. He told me it would be no cost to me. On or about June 25, 2014, I had a medical procedure done and was taking pain medication. I was in my bathrobe and recovering from the medical procedure. On or about June 26, 2014, the same man and the same woman who had come earlier waited in my home for a second woman to arrive. The second woman, Guadalupe came by my home with a stack of papers and she said I should sign them so that the repair work could be started. My son was not home at the time. 18. I signed all the papers so that they could get started on the work. 19. I never heard back from anyone I met with. 20. Work never began on my home. 21. I started receiving reverse mortgage statements in the mail from Silvergate Bank. 22. I called my daughter, Darrieux Peterson, and she looked into the problem and discovered that there was a mortgage for $202,500.00 on my home. FURTHER AFFIANT SAYETH NOT. CERTIFICATION Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certi?es that the statements set forth in this instrument are true and correct except as to matters stated herein to be on information and belief, and as to such matters, the undersigned certi?es that he/she verily believes the same to be true. ?lm/52;, f/Mgnw Dorothy Hillman (0-Way 2W 6/ Date tab IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v. No. 09 CH 33398 UNITED CONSTRUCTION OF AMERICA, INC, an Honorable David B. Atkins Illinois corporation, SKYWAY BUILDERS INC., an Illinois corporation, UNITED RESIDENTIAL SERVICES REAL ESTATE INC., an Illinois corporation, OSI FINANCIAL SERVICES, INC., an Illinois corporation, HARBOR FINANCIAL GROUP, LTD., a dissolved Illinois corporation, and MARK DIAMOND, individually and as an agent of UNITED CONSTRUCTION OF AMERICA, INC., SKYWAY BUILDERS INC., HARBOR FINANCIAL GROUP, LTD., and President of UNITED RESIDENTIAL) SERVICES REAL ESTATE INC. and OSI FINANCIAL) SERVICES, INC., - Defendants. AFFIDAVIT OF FRANKIE JENKINS I, FRANKIE JENKINS, certify under penalty of peljury that I have personal knowledge of the matters stated herein and if called upon to testify, I would competently testify as follows: 1. My name is Frankie Jenkins. 2. I am 54 years old and African-American. 3. I was born in Chicago in 1960. I EXHIBIT 5 10. 11. 12. 13. 14. 15. 16. After graduating from high school in June of 1978, I worked at the Chicago Police Department in Central Booking for the summer. I worked at Lake River Terminals chemical plant from September of 1978 through 1980. I joined the army and worked as a radio operator from 1980 until 1984. A Until my back injury in 2002, I worked at Grocery, Zenith Electronics, and Osco Warehouse. I injured my back at work in 2002 and left Osco in 2004. I now receive disability income. My father, my mother, myself and two of my seven brothers began renting our home at 24 S. Central Ave in Chicago, Illinois in 1991. Six years later, in 1997, we purchased our home. I re?nanced our home for the ?rst time in 1998 in order to pay for the funeral expenses of one of my oldest brothers, Stanley Jenkins. I re?nanced our home again in 2002. My father, Peter Jenkins, talked to Mark Diamond before I met Mark Diamond and they discussed the possibility of re?nancing the home to have some repair work done. I had encouraged my father to shop around and look into putting our home in his name in order to take advantage of mortgage bene?ts available to seniors. In October or November of 2007, when I met Mark Diamond for the ?rst time, I owed about $120,000 on our home. When Mark Diamond came to the door sometime in late November or early December of 2007, he introduced himself and I walked with him around our home. I told Mark Diamond we were looking to have some basic work done on the three bathrooms in our home, including drywall, ?ooring and tub surround work. Mark 17. 18. 19. 20. 21. 22. 23. 24. Diamond looked at the bathroom on the ?rst ?oor and then asked to look in the basement to see the plumbing for all three bathrooms. I did not think the repair work Mark Diamond described was necessary. For example, Mark Diamond suggested ripping out pipes for the bathrooms that were in good repair and were not leaking. Mark Diamond said he would do repairs on our home for approximately $18,000 to $20,000. I told Mark Diamond that was too expensive and I would get someone else to do the work for less money. Mark Diamond said he could still do the re?nance even though he would not be doing the home repair work. Mark Diamond said he would be our one-stop shop for refinancing. In early December of 2007, my father and I faxed Mark Diamond ?nancial information for the re?nance, including 1099 forms. In January of 2008, Mark Diamond returned to our home. My father and I were there. Mark Diamond said the lender would not accept my father as the primary borrower or even the co-signor on the loan, so the re?nance would have to be done in my name. The re?nance was supposed to result in a check for $29,138.71 that was supposed to come to me. I expected this because this was what happened in the two re?nances I did before. In February of 2008, Mark Diamond came to our home to do the re?nancing. The closing for the re?nance happened at our dining room table. The only people there were me, my father, and Mark Diamond. 25. 26. 27. 28. 29. 30. 31. Mark Diamond turned through the pages of the closing paperwork and told my father and me to sign. I stopped him when I saw a blank home repair contract. The top part of the paper had a heading pre-printed on it ?United Residential Services Real Estate, Inc.? with the address and license numbers of the company. The paper was labeled ?Home Repair Contract?. The bottom part of the paper had signature lines for me and my father. There were also typed spaces for buyer?s name and address, for a description of home repair work, the cost of home repair work, and a notice of cancellation. All of these typed spaces were blank. I asked Mark Diamond about the blank spaces in the home repair contract since my father and I were not having home repair work done through Mark Diamond. Mark Diamond told my father and me he understood we were getting the repair work done elsewhere, but he needed us to sign the blank home repair contract ?just to show no work was being done?. My father and I signed the blank home repair contract and Mark Diamond went through the rest of the closing papers. Sometime in early March of 2008, I received the signed copies of the closing papers by courier, including the HUD-1 settlement statement. A true and correct copy of the HUD- 1 I received in the mail after closing is attached as Exhibit A. When I looked through the papers, I was surprised to ?nd no check for $29,138.71 made out to me for the money for the loan. I expected the check to be included because this was what happened in the two re?nances I did before. When I continued to go through the papers I saw, for the ?rst time, the home repair contract that my father and I had signed in blank at the closing ?lled out with a 32. 33. 34. 35. 36. 37. ?38. 39. 40. description of home repair work that was supposed to be performed for a total of $27,000. A true and correct copy of the ?lled-out home repair contract I received in the mail only after closing is attached as Exhibit B. My father and I repeatedly told Mark Diamond we did not want him doing any home repair work, and in fact Mark Diamond never did any home repair work for us. I called Mark Diamond the same day to ask why there was no check in the closing papers and to ask why there was a ?lled-out home repair contract for $27,000. I was not able to reach him. I called him a number of times after that and still could not reach him. On March 25, 2008, I ?led a complaint with the Illinois Attorney General?s Of?ce about Mark Diamond, the re?nance he did on my home, and the check for $29,138.71 that was supposed to come to me that I never received. After I ?led the complaint, Mark Diamond called me in early April of 2008 and told me he felt entitled to $27,000 for everything he had done to get the loan approved. He also said he had made a mortgage payment on the house to keep the mortgage current. Also after I ?led the consumer complaint, Dennis Both, Mark Diamond?s attorney, called me in May or June of 2008. In February of 2009, I reached a settlement with Dennis Both in the amount of $13,000. My father passed away in 2010. My mother, oldest brother and nephew now live with me in the home. Mark Diamond never performed any repair work on my home. We have not been able to do the home repair work we wanted to get done because we did not get the $29,138.71 from the re?nance Mark Diamond did. 41. Apart from the settlement check I received from Dennis Both a year after the closing on our home, I never received a check or any other money from the re?nance done by Mark Diamond. 42. I have not had any contact with Mark Diamond since April of 2008. FURTHER AFFIANT SAYETH NOT. CERTIFICATION Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certi?es that the statements set forth in this instrument are true and correct, ex?ept as to matters stated herein to be on information and belief, and as to such matters the undersigned certi?es that the undersigned verily believe the same to be true. 5? 41m Frankie Jenkins Date . 4 PAGE 3/ a? SETTLEMENT STATEMENT IHG . m. . 15 fm 3,u mumuums. a. tug. Insurance can 13 VA 5.0 coanus. NOTE nheun. nun muscu- nun non-less BORRWIRI 2. mm no or . wrap. JENKINS .. . . - . a JENKINS . calms: USA. . 1400 I: NEWPORT CENTER mun: BEACH, PL 33442 5. CENTRAL ERGO, IL 50644 'Locanun: - Amt: LSEYTLEHIHT M11: 4 s. czurnn. TITLE x-gtsunmcn COMPANY 02/29/09 ERGO, IT.- SOSML PLACE OF SETTLEMENT: nlnuumu?l one: 10 s. mm?: 51.. Mean . 03/05/08 $110360 11.. no: 159 861. Page 1 of 3 EXHIBIT 004609 I FFEHWKIETTJEFUKIFES 7 no . TOTAL amass] 5 COMM: "m m" "m mama's IUIIDI AT A1 - 004610 PAGE 95/7 u. tho m4 autumn: stun-n: uhlch col-mints a! three pope: and to the has! of our knoukodn Md bellcf. It In (true and "cure" luau-lune of on receipt. and dismal-amt?: mu. m. wr nun-um. by h- on. Iranqoqllon. u. undQPIIund than flnurp- cent-uth hurein mro band on the be? Information available to the sputum? Agent, and 11ng to thu appropriau adjustments uret- nulemene If are noquury. I, . 1 NANCE El JENKINS RAHKXI Jill] NS The Santanth Statmn't prepared by um sputum-r: Agent In. to ban: of It: knoulods- and belief, a true and secure? lccumt a! ml?jfa?ihctim. ?rnn JoIIle-ene Ann! has caused or win anus: the funds to be disbursed In um. thin ant-um?. um!" NIL: "wanna: mam-Hon totumnr Agent By: I 8A "0011" warning: In a crime to mun "um Human? to ma unitad sutu- on thin or any elmnar term. Fauna: upon conviction can lnaludn and twin-mm. For details: soul . 15 um. own: section 1001 and EiliIon 1?10. nun-1 . RIIPA. NB $305.3- 004611 617357 ZBEIB 12537 FRANKIE JENKINS PAGE 8.7/6? - REAL Es'rzgr?, INC. 2355 It. Irma: ILLINOIS (773) 395-9600 15-30.. LICENSE rns-c 009220 How REPAIR LICENSE 4* 1373479 . -171MITED BUSIESS am- 1374.355 HOME REPAIR CONTRACT PAGE 1 qr: ADDRESS - . . DATE - CITY 3 - J08 ADDRESS 1' cm ANY AND ALL WORK INCLUDED IN THIS CONTRACT ASSUMES THE EXISTING EQUIPMENT I8 WITHIN THE PRESENT cone STANDARDI. IF upon'rmu IS REQUIRED. TN: cos-r In In an AN ADDITIONAL came. AND Is THE or TI-ID Hotaaowua?. OTHERWISE. (TATED IN THIS. CONTRACT. I.) :t rm 12.4?. a - Wee Lox}; - I (a IUYER Amazeswan DGREES To WW TI-II: PRI A5 UN . on AND THE BALANCE on ON Wm no AGREEMENT OR ARE TO In: ?Ecoomzco. ADDITIONAL WORN NOT SPEGIBED MUST an Amonzsb WRITING av BY UNITED RESIDENTIAL SERVICES 8: REAL ESTATE. INC. WARRANTIES ALL LABOR FOR A ONE YEAR AFTER THE COMPLETION OF THE WORK. TI-IE HOMEOWNER IS RESPONSIBLE To PROVIDE ANY AND ALL BUILDING PERMITS WHERE ..NEEDED. UNITED RESIDENTIAL SERVICES 8. REAL ESTATE, INCORPORATED Is IN No WAY RESPONSIBLE FOR PROVIDING ANY AND ALL BUILDING PERMITS UNLESS STATED IN THIS CONTRACT. - - NOIICE QE YOU, THE CONSUMER, MAY TRANSACTION AT ANY TIME PRIOR To MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS SEE THE ATTACHED NOTICE OF CANCELLATION FOR AN EXPLANATION OF THIS RIGHT. BUYER ACKNOWLEDGIS RECEIPT OF A COMPLETED COFY OF THIB CONTRACT EXECUTED BY BOTH SELLER AND BUYER. C0- IP m. ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF CONTRACT EXECUTED B?f BOTH SELLER AND 00- . DATE: .52? ?29? 20 0? mammch EXHIBIT 00 613 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION THE PEOPLE OF THE STATE OF ILLINOIS Plaintiff, NO. 09CH33398 V. Hon. David B. Atkins UNITED CONSTRUCTION OF AMERICA, INC., an Illinois corporation, SKYWAY BUILDERS INC., an Illinois corporation UNITED RESIDENTIAL SERVICES REAL ESTATE INC., an Illinois corporation, OSI FINANCIAL SERVICES, INC., an Illinois corporation, HARBOR FINANCIAL GROUP, LTD., a dissolved Illinois corporation and MARK DIAMOND, individually and as an Agent of United Construction, Skyway Builders, Harbor Financial and President of United Residential and OSI Defendants. AFFIDAVIT OF LEVADA JOHNSON I, LEVADA JOHNSON, certify under penalty of perjury that I have personal knowledge of the matters stated herein and if called upon to testify, I would competently testify as follows: 1. I am a 79-year old African American senior citizen. 2. I reside in a two-?at home at 1054 N. Kedvale, Chicago, Illinois. 3. I was a homemaker and caretaker of my mother, and worked various jobs before retiring. I have a 10th grade education. Lo 10. 11. 12. 13. 14. I have lived in my home for 26 years. My daughter, Barbara Maxey, and my son, Victor Johnson, reside in the ?rst ?oor unit with me. My grandson, Deon Maxey, resides in the 2nd ?oor unit. In the Spring of 201 3, a woman named Sharon came to my home and asked me if I wanted my house repaired. Sharon told me that there was a free government program that would cost me no money to get the repairs done. She provided me a ?yer that listed ?United Residential Services Inc.? The ?yer made no mention of a reverse mortgage or loan, but only mentioned ?Remodel Your Home.? A true and correct copy of this ?yer is attached to this Af?davit as Exhibit A. I let Sharon into my home because in my community often utility companies and other businesses go door-to-door soliciting residents to buy different goods and services. Mark Diamond came to my home a few days later. He introduced himself as Mark and implied that his last name was Stevens when I insisted that he provide his last name. I later discovered that his last name was actually Diamond. I discussed with Mark Diamond the repairs I wanted by telling him I wanted the whole caboose of repairs. I speci?cally requested that my wood porch be removed and replaced because it was in violation of the city?s building code. I also wanted him to install windows, a fumace, a cement walkway and a garage. Mark Diamond prepared a home repair contract and presented it to me on or about July 11, 2013. A true and correct copy of this home repair contract is attached to this Af?davit as Exhibit B. 15. Mark Diamond informed me that he would do extensive work on my home that I did not request. The contract listed the following work to be done: a. Wooden porch demolished and rebuilt; b. Replace Garage roof; c. Install black rod-iron fence; (1. Replace windows throughout; e. Replace gutters; f. Install motion lights in yard; g. Install front porch light; h. Replace front exterior door; i. Install siding over entire home. j. Install concrete sidewalk k. Replace glass block windows in basement 1. Replace furnace; m. Replace front interior door; 11. Sand and varnish wood ?oors in 1st ?oor living room; 0. Install thermostat for furnace. p. Complete gut of 1st ?oor bathroom including ?oors; q. Rehab kitchen and install new stove, new refrigerator, new sink and new lights. Lower clothes bar in 1St ?oor bedroom closet 1" 5. Install new hardwood ?oors on 2nd ?oor. 16. Mark Diamond indicated on several occasions that he had to get a building permit. 17. Mark Diamond later claimed he obtained the building permit. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. Mark Diamond?s workers came to my home to begin work in August 2013. Two workers began working on my bathroom and garage roof. After the work had begun, my grandson, Deon, called 311 and discovered that Mark Diamond had not actually obtained a permit to begin work. Mark Diamond never asked me about my income. On or about July 2013, Mark Diamond came to my home for a meeting. Present at the meeting with me was Mark Diamond, an African-American female who was a notary, and my daughter, Barbara Maxey. My daughter, Barbara, is disabled. Mark Diamond handed me papers marked with an and asked me to sign by the . I signed the papers. Mark Diamond did not explain what I was signing, and did not indicate I should have an attorney read the papers before signing. My grandson, Deon, passed through as we were meeting and asked me if everything was ?ne and left. Deon did not stay for the meeting. Mark Diamond left me copies of the papers which were unsigned. Approximately one week later, Mark Diamond came to my home and asked me to endorse a check. My son and grandson were not at the house at the time. Mark Diamond did not inform me that the check re?ected his fee for the home repairs or that the check was the entire proceeds from a loan against my home. Mark Diamond took a photo of me holding the check. Much of the work listed in the United Construction Real Estate Services? contract was not complete or was shoddy work. The metal on the edge of the garage roof is starting to fall down. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. Mark Diamond and his contractors did not replace the downspout on my gutters as they agreed, and this caused rain water to shoot down directly on my wooden porch. Although I had informed Mark Diamond that my wooden porch was in violation of the building code, he did no work on my porch. Neither Mark Diamond nor his workers ever put in the motion lights or the front porch light. The concrete pathway Mark Diamond and his workers replaced has already cracked down the right side of my house. Mark Diamond and his contractors replaced my furnace, but it does not provide enough heat for my home. i The thermostat that Mark Diamond replaced is not connected to the furnace. It is inoperable and a wire hangs out that is not connected to anything. Mark Diamond?s workers replaced the shower tile with ceramic and put in a ceramic bench, both of which are slippery when wet and pose a safety risk for me. The bench Diamond put in the shower is too high for me. Mark Diamond agreed to provide a new stove and new refrigerator in my kitchen, but he never provided them. However, Mark Diamond and his workers removed the ventilation hood over my stove without replacing it. Mark Diamond tore down my entire pantry and replaced it with a built-in-space for my old refrigerator. He promised to come out and complete measurements for a new refrigerator but never did the measurements. The kitchen sink that Mark Diamond replaced leaks water underneath. The 2nd ?oor hardwood ?oors were never replaced by Mark Diamond or his workers. 44. I have complained to Mark Diamond about all of the problems with his work. 45. I have made frequent calls to Mark Diamond and left voice messages. I have talked to Mark weekly from January 28, 2014 through August 15, 2014, about my complaints. He always agrees to come to my home, but never shows to meet with me. 46. I have asked Mark Diamond to ?nish the work he promised, but he has not. 47. Mark Diamond has not come to my home or met with me at all in 2014 in response to my complaints. The last time I saw him was in 2013. FURTHER AFFIANT SAYETH NOT. CERTIFICATION Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certi?es that the statements set forth in this instrument are true and correct except as to matters stated herein to be oninformation and belief, and as to such matters, the undersigned certi?es that he/she verily believes the same to be true. ?i . LEVADA JOHNSON /a/027/30 Date SERVICES REAL - 2355 N. DAMIEN AVE. ILLINOIS 60647 . (773) 895?9600 LICENSE TGC 009220 HOME REPAIR LICENSE #:1373470 LIMITED BUSINESS LICENSE 1274355 . HOME REPAIR CONTRACT PAGE 1 OF 2 BUYER (OWNER) S: ?2 xTni?IA PHONE ADDRESS i? 54.1 1" PT .2124 DATE crrY I. . ZIP CODE (pa?u?f?i JOB ADDRESS - CITY ANY AND ALL WORK INCLUDED IN THIS CONTRACT ASSUMES THE EXISTING MECHANICAL EQUIPMENT IS WITHIN THE PRESENT CODE STANDARDS. IF UPDATING IS REQUIRED. THE COST IS TO BE AN ADDITIONAL CHARGE, AND IS THE RESPONSIBILITY HOMEOWNER, UNLESS OTHERWISE STATED IN THIS CONTRACT791%.; mg?11.1? 5'31] x?l-CA Ari}: .f ff) I IQ: 27 T11 Anal +14 - 97-414! Mun?1W: was. m? n6 fipr 77:] ?If .9 ?J?t?lnll IJ I, TL I fit} I I )1 ?furSig. . Lama ?EiTIi?r?'F?rIn") rumIaiiw .AGREES AGREES TO PAY THE AFOREMENTIONED PRICE AS, FOLLOWS: 'l . . ONLQAIE CONTRACT C9AND THE SALANCEOF 9.2., -- :5 EELS-.24 - =11VERBAL AGREEMENT OR CHA RE TO BE RECOGNIZED. ITIONA LI WENDT PE MUST BE A UTHORIZ ED WRITING BY PURCHASER AND ACCEPTED BY CONTRACTOR. 7 1' .r - UNITED RESIDENTIAL SERVICES REAL INC. WARRANTIES-1: ALL LABOR FOR A PERIOD OF ONE YEAR AFTER THE COMPLETION WORK. THE HOMEOWNER IS RESPONSIBLE TO PROVIDE ANY AND ALL NEEDED. UNITED RESIDENTIAL SERVICES 8. REAL ESTATE, INCORPORATED IS IN RESPONSIBLE FOR PROVIDING ANY AND ALL BUILDING PERMITS UNLESS EXPLICITLY7 STATED IN THIS CONTRACT. NOTICE OF CANCELLATION . - YOU, THE MAY CANCEL THIS-TRANSACTION ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE THIS TRANSACTION, SEE I THE NOTICE OF CANCELLATION EXPLANATION OF THIS RIGHT. BUYER ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS CONTRACT EXECUTED BY BOTH SELLER AND BUYER. CO- BUYER. IF ANY. ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY CONTRACT EXECUTED BY BOTH SELLER AND CO- BUYER. DATE: I I 20 I HMREPAROWIRACT I BUYER EXHIBIT 8 album- I I engyn+y Re CSERVIOES an ESTATE, INC. I 2355 AVE. \fr QHIGAGO, ILLINOIS 60647 . - (773) 395?9600 G13. LICENSE Tao 00922BUSINESS LICENSE #1274355 .. REPAIR CONTRACT 1t?kids mm ADDRESS 5.0334 A) ItiF DATE - 7 I . - SH- STATEIL, ZIP cubism ADDRESS ng m? Time, - I ANY AND ALI. WORK INCLUDED IN THIS CONTRACT ASSUMES THE BISTING MECHANICAL EQUIPMENT IS WITHIN THE STANDARDS. IF UPDATING-15 REQUIRED. THE COST IS TO BE AN ADDITIONAL CHARGE, AND IS THE HOMEOWNER. UNLESS OTHERWISE STATED IN THIS CONTRACT. . L- LII: .1 .Icr" AI we." ?E?s 5k ?19% 7:1; Erma PI. Aug 5 {42) THEN-7ft; -13, Tim, gar-lid U: New fag(EH 67% 13.13% (TV I. 'lI' LU THE-.3 3- Uri-??BUYERAGREESTO PAY THESUMOFS - EUYERAGREES TO PAY THEAFDREMENTIONED PRICEAS FOLLOWSDATE OF (:9ch ?(AND THE BALANCE OF ?mmnm . I NO VERBAL AGREEMENT OR CHARGES ARE TO BE RECOGNIZED. ADDITIONAL WORK NOT SPECIFIED MUST BEAUTHORIZED IN WRITING BY PURCHASERAND ACCEPTED BY CONTRACTOR. UNITED RESIDENTIAL SERVICES REAL ESTATE, LABOR FOR A PERIOD OF YEAR AFTER THE COMPLETION WORKS.- THE HOMEOWNER Is RESPONSIBLETO PROVIDE ANY. AND NEEDED. UNITED RESIDENTIAL SERVICES 8. REAL RESPONSIBLE. FOR PROVIDING ANY AND PERMITS STATED CONTRACTNOTICE OF CANCELLATION .. V- - .A YOU, THE CONSUMER, CANCEL THIS TRANSACTION. AT. ANY TO MIDNIGHT OF .THE THIRD THE. DATE TRANSACTION, .SEE THE ATTACHED NOTICE OF CANCELLATION EXPLANATION OF THIS RIGHT. - BUYER ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS CONTRACT EXECUTED SELLER CD- BUYER, IF ANY. ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS CONTRACT EXECUTED BY BOTH AND CO- BUYER. - . l' - -. DATE: - 20I 45-. I DY.- six; BUYER BUYER SERVICES 6: REAL ESTA-TE INC. 2.355 N. DANIEN FIRST FLOOR HOME REPAIR LICENSE CHICAGO, ILLINOIS 60647 18734'1'0 . a . LIMITEDBUSINESS 0009220 12743-?Kr/?w (tx? A - i -41Phone: 773-395-9600 (Ali? . if 7' 1" 4?57?? Fax: - A a, ?k 4: UNITED RESIDENTIAL SERVICES REAL ESTATE INC. 2355 N. DAMIEN FIRST FLOOR CHICAGO, ILLINOIS 60647 HOME REPAIR LICENSE 1 873470 1.5224355 LIMITED BUSINESS LICENSE ti,? I . a .-- 7" I?d' .1 a? J?x/fr?if1145/" J7 "irgm ??Phone. 773-395-9600 Fax. 773?395?1 615 7 - a; 5.: 3v? UNITED RESIDENTIAL SERVICES 6: REAL ESTATE INC. 2355 N. DAMEN . FIRST FLOOR HOME REPAIR LICENSE CHICAGO, ILLINOIS 60647 1873470 I. LIMITED BUSINESS LICENSE -.: :15; LICENSE TGC 0009220 1274355 SPECIFICATIONS . - . . n._d I v-s "3 ?Ix. . 59r' ., NOTICE OF CANCELLATION CUSTOMER NAME ADDRESS - DATE OF TRANSACTION SIGNATURE -r - RECEIPT OF TWQCOPIES OF THIS NOTICE. YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, 3 BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU UNDER THE CONTRACT OR TRANSACTION WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE IN SUBSTANTIALLY AS GOOD A CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR TRANSACTION, OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE EXPENSE AND RISK. IF YOU MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY - RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO: UNITED-RESIDENTIAL SERVICES REAL ESTATE, INC. AT: 2355 N. DAMEN AVE. CHICAGO, ILLINOIS 60647 - f: Xx? Ar. NOT LATER THAN MIDNIGHT 0F -. I HEREBY CANCEL THIS TRANSACTION. DATE SIGNATURE . NOTICE OF CANCELLATION - ADDRESS 1' DATE OF TRANSACTION 9' SIGNATURE ACKNOWLEDGE RECEIPT OF TWO COPIES OF THIS NOTICE. YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN . 3 BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU UNDER THE CONTRACT-OR TRANSACTION WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE IN SUBSTANTIALLY AS GOOD A CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR TRANSACTION, OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE EXPENSE AND RISK. IF YOU MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IFYOU. FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE. GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCEOF ALL OBLIGATIONS UNDER THE CONTRACT. {4 CANCEL OR DEL-IVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND TO: UNITED RESIDENTIAL SERVICES REAL ESTATE, INC. AT: 2355 N. DAMEN AVE. FIRST FLOOR CHICAGO, ILLINOIS 60647 I NOT LATER THAN MIDNIGHT OF - - I HEREBY CANCEL THIS TRANSACTION. DATE CON SIGNATURE IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v_ No. 09 CH 33398 UNITED CONSTRUCTION OF AMERICA, INC, an Honorable David B. Atkins Illinois corporation, SKYWAY BUILDERS INC., an Illinois corporation, INC., an Illinois corporation, OSI FINANCIAL SERVICES, INC., an Illinois corporation, HARBOR FINANCIAL GROUP, LTD., a dissolved 3 UNITED RESIDENTIAL SERVICES REAL ESTATE Illinois corporation, and MARK DIAMOND, individually and as an agent of UNITED CONSTRUCTION OF AMERICA, INC., SKYWAY BUILDERS INC., HARBOR FINANCIAL GROUP, LTD., and President of UNITED RESIDENTIAL) SERVICES REAL ESTATE INC. and 081 FINANCIAL) SERVICES, INC., Defendants. i AFFIDAVIT OF LASHON MINTER-WILLIAMS I, LASHON MINTER-WILLIAMS, certify under penalty of perjury that I have personal knowledge of the matters stated herein and if called upon to testify, I would competently testify as follows: 1) I was born in 1972 in Chicago. I am an African American. EXHIBIT i Louise Minter is my grandmother. I moved into her home at 4906 Ferdinand St. Chicago, IL 60644 when I was two or three years old and I have lived there ever since. She lives in the ?rst ?oor apartment and I live in the second ?oor apartment. My grandmother put the home in both our names. She did this so that the house would go to me if anything happened to her. In the ?rst half of 2013. Mark Diamond came to our home and met with me. Mark told me that he was going to do work on my grandmother?s kitchen and bathroom. He said that a government program would do the work for free because my grandmother was elderly. He told me that in order for my grandmother to qualify for the program, the house had to be in her name alone. Mark said that he would put my name back on the deed afterwards. I agreed to take my name off the deed so that my grandmother could qualify for the government program. Mark came over with a deed and I signed it. I asked Mark Diamond how much it would cost to install a in my unit. Mark' said that he would ?throw it in? for no cost with the work on my grandmother?s unit. Mark came to our home with papers for my grandmother to sign. Mark told us that the papers were necessary for the repairs to be made and my grandmother signed the papers. 10) Mark?s men installed a new shower in my grandmother?s bathroom. After that, his men stopped showing up. called Mark repeatedly to have his men come back and ?nish the work. Mark always had an excuse and would promise that work would continue ?tomorrow? or ?next week.? 12) After a few months, Mark?s men continued work. It was on and off and progressed slowly. I had to called Mark repeatedly in order to get workers to show up. 13) In my grandmother?s kitchen, they replaced cabinets, but did not ?nish the trim on the bottom of the cabinets. They moved the plumbing for the kitchen sink from the wall next to the bathroom to a wall on the outside of the house. We have to leave the water running in the winter because the wall is not properly insulated and the pipes freeze. 14) The work that Mark?s men did do was poor, and we eventually had to pay another contractor, Keith Agee, $4,000 to repair much of it. True and correct copies of that contractor?s proposal and invoice are attached as Exhibit A. 15) They installed a new kitchen sink and the faucet broke within months. We had to pay Keith Agee to ?x it. 16) One of Mark Diamond?s workers installed the in my apartment. 17) Mark later claimed that I demanded the before I would?allow him to work on my grandmother?s apartment. This is not true. 18) Mark told me that his men did work on the electrical box in the basement of our building. There was open wiring in the basement and my grandmother and I had to pay Keith Agee to ?x it. 19) Mark?s workers put in three electrical outlets in my grandmother?s bedroom and one in her kitchen, but none of them worked. We had to pay to have them replaced by Keith Agee. 20) Mark?s men left plumbing in the basement un?nished. There were open, unconnected pipes and when I ran the water in my apartment, water would run onto the basement ?oor. My grandmother and I had to pay Keith Agee to repair this. 21) Mark?s men boarded over an old window on the back porch, but did not install any insulation. 22) Mark?s men started work on the door to the back porch, but did not ?nish the framing of the door. We had to pay Keith Agee to ?nish this work. Mark left open wiring on the back porch. Mark did not install a landing or steps on the back porch. 23) Mark?s men left a large pile of garbage in our backyard. I asked Mark to remove it many times, but he did not. We had to pay Keith Agee to remove it. 24) Mark?s men installed a wrought iron fence in the front of our home. We did not ask for this fence. The gate on the fence broke, and now we. have to use bungee cords. 25) My grandmother and I share a front porch. Mark?s men did no work on the front porch of our home. 26) I asked repeatedly to be put back on deed. Mark said that he had done it and would bring the new deed over, but he never did. 27) I had never heard of a reverse mortgage until months after the closing when I found out that Mark put one on our home. I am worried that my grandmother will lose the house or that the house will not go to me when she passes because of the reverse mortgage. 28) Mark Diamond pressured me and my grandmother to sign a document saying we were 100% satis?ed with his work. I did not sign it and I told my grandmother not to sign it. FURTHER AFFIANT SAYETH NOT. CERTIFICATION Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certi?es that the Statements set forth in this instrument are true and correct, except as to matters stated herein to be on information and belief, and as to such matters the undersigned certi?es that the undersigned verily believe the same to be true. Mmek LaShon Minter?Williams 01/ 28/ 20/ Date True.Construction and Remodelin .- Chicago, IL 60620 IL Lic#' 1819551 773419-0259 Date: September 04, .2013 Louise Minter 4906 W. Ferdinand St. Chicago IL 60644 Re: Proposal for location site: 4906 W. Ferdinand St The. covers .31! installments linemen Instalt new toe?klckun'der? Install new exteriordoor in kitchen exterlor doorwas a bed roomzdoor Install new dead; on exterl'or door Rehung securlty door Re-palnt wrong paint was used palnt), Repa?lnt the ?Ellen Repalr 3 outlet on west wall In that wasn't connect to breaker ea roo Repairiand Replace?outlet an east wall reconnect the and tle Into wall ?le-Install closet shelfset thatwas too h'lgh re?palnt repatrihdles'lh wail Repalnt whole-bedroom gamete Install new breakersrfor bedroom and: that?walsnit connected Re-capall?junctlons that where notor capped covered or: that waslaftopen Repalr drain for laundry room 5an lnstallnew drain pipe to malnr draIn-from second floor- that-wasn?t connect from second floor apa rtmenti'that just ran on floor EXHIBIT All material is guaranteed to be as speci?ed. All work- to be completed in a workmanlike manner according to standard practices. Any alteration from above specificatibns involving extra costs, will be executed only upon written orders, and-will become an extra charge over and above the agreemen'tcontingent upon strikes, accidents or delays beyond our control. This proposal sn'bject to acceptance (30) thirty days and it is void thereafter at the optionvof the undersigned. Authorized Signature .. Materialiand labor $4300.00 Down payment 1.200.011 Balance Due $2300.00 In proposal, the client has agreed and has accepted the ?nal proposal amount as stated. Loose miter? {Au?w uwyg-?c he?- A. TRUE CONSTRUCTION AND REMODELING INC Ghlcago IL 60620 Phone? (773)419?0259 To: Louise Mint?r #4903 DATE-OCTOBER 1. 2013 490,61?. Ferdinand Chicago IL. 60644 cameras .oR-ssa'cms INSTRUCTIONS: Toohnvirlu?w nesonl??w e. 1 Install new Rear entry?do?or I'n new deadbolt:locke .u Re?lnstallreecurlty door on rear Install new. electric service In kitchenon west wall andres'roeo 0 room somewall to service panel where 'the service was not tied back into In bedroom closet Install mud anoint-slogfprinle wall where-wall had to be .. r6m0v?d-to: run condult andfloln ol?r?onltsiogelher Remove shelving in rearibedroon?l thalvwae put up=lo=hlgh repair holes in walls from removing eh?elVing end rs-l'ns't'sll Re?psinwedroom walls end-lrlm In roomrand closet ?Re?oalntoomplete kitchen used .vrron?'palnt ?swam used o'ialnl trim Install newrwoed around kitchen door In ,slde LABOR lf-you have any questions concerning this lnvolce. conlaol Kelth-Agee. 773~419-0259 THANK YOU 5FOREYQUR ordinance TOTAL DU Tom. I *s 305.00 I .010000 $1500.00, $150.00 $150.00 $225.00 $50.65 $2700.00 $1.2_20.00 04.00000 $2,000.00 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v. No. 09 CH 33398 UNITED CONSTRUCTION OF AMERICA, INC, an Honorable David B. Atkins Illinois corporation, SKYWAY BUILDERS INC., an Illinois corporation, INC., an Illinois corporation, OSI FINANCIAL SERVICES, INC., an Illinois corporation, HARBOR FINANCIAL GROUP, LTD., a dissolved Illinois corporation, 3 UNITED RESIDENTIAL SERVICES REAL ESTATE and MARK DIAMOND, individually and as an agent of UNITED CONSTRUCTION OF AMERICA, INC., SKYWAY BUILDERS INC., HARBOR FINANCIAL GROUP, LTD., and President of UNITED RESIDENTIAL) SERVICES REAL ESTATE INC. and 081 FINANCIAL) SERVICES, INC., Defendants. AFFIDAVIT OF LOUISE MINTER I, LOUISE MINTER, certify under penalty of perjury that I have personal knowledge of the matters stated herein and if called upon to testify, I would competently testify as follows: 1) I was born in 1936 in Charleston Mississippi. I am an African American. EXHIBIT moved to Memphis Tennessee when I was sixteen or seventeen. I was in Memphis for about 11 years, and then I moved to Chicago. I worked for 35 years at O?Hare cooking meals for Delta Airlines. Willie Mae Smith was my godmother. I moved into her home at 4906 Ferdinand St. Chicago IL 60644 in the 1970s. She lived in the ?rst ?oor apartment and I lived with my family in the second ?oor apartment. My godmother passed away in the early 19905. After her passing, I moved to the ?rst ?oor apartment and family members, including my granddaughter, stayed in the second ?Oor apartment. I have arthritis and I have a hard time walking. My right knee is swollen.- I use a cane or a walker to get around. I am afraid of falling in the shower. In ?rst half of 2013, Mark Diamond knocked on my door. Mark told me there was a government program for the elderly that would pay for repairs to my home. He promised the repairs would be free and offered to remodel my kitchen, bathroom, and front porch. Mark said he would install a shower that would not have an edge to step over and would have a seat for me. Mark came to my home with papers for me to Sign. He told me to sign the papers so that he could start repairing my home. 10) Mark did not explain the papers to me. I did not know what a reverse mortgage was when I signed the papers. Mark did not tell me about a reverse mortgage. I did not receive any reverse mortgage counseling. 11) Months after signing the papers, I found out that Mark put a reverse mortgage on my house. This makes me worry that my house will be taken away from me and my granddaughter. 12) Mark had a check that he told me was his, but that I had to sign in order to get the work done. I signed the check and Mark took it. Mark took a picture of me with the check and he took a picture of me with a photocopy of my ID. The photocopy of my ID said I signed the check. I do not remember having my picture taken. 13) Mark?s workers installed a new shower in my bathroom, but he never installed a seat that I could sit on. I had to place a chair in the shower so that I don?t fall while I am showering. It is the same chair I used before Mark put in the new shower. There is a small step on the back wall of the shower but it is too small and low for me to sit on. The shower does not have an edge to step over when I get in. 14) The showerhead Mark?s men installed broke right away. My granddaughter, LaShon Minter?Williams, had to call Mark many times before his men replaced the showerhead. 15) After the work on the bathroom, Mark?s men did almost no work for months. 16) Mark installed a wrought iron fence in the front of my home. I did not ask for the fence. 17) My bedroom is next to the kitchen. Mark converted a pantry in the kitchen into a closet in my bedroom. I did not ask for this. My kitchen cabinets are full because I don?t have a pantry anymore. The bar in the closet is too high for me to reach because I don?t have the strength I used to. 18) Mark did no work on my front porch. 19) Mark did not build a landing or steps off my rear porch. FURTHER AFFIANT SAYETH NOT. CERTIFICATION Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certi?es that the statements set forth in this instrument are true and correct, except as to matters stated herein to be on information and belief, and as to such matters the undersigned certi?es that the undersigned verily believe the same to be true. I ?7 . Louise Minter 2 $2 510/4 Date IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v. No. 09 CH 33398 UNITED CONSTRUCTION OF AMERICA, INC, an Honorable David B. Atkins Illinois corporation, SKYWAY BUILDERS INC., an Illinois corporation, INC., an Illinois corporation, OSI FINANCIAL SERVICES, INC., an Illinois corporation, HARBOR FINANCIAL GROUP, LTD., a dissolved Illinois corporation, 3 UNITED RESIDENTIAL SERVICES REAL ESTATE and . MARK DIAMOND, individually and as an agent of UNITED CONSTRUCTION OF AMERICA, INC., SKYWAY BUILDERS INC., HARBOR FINANCIAL GROUP, LTD., and President of UNITED RESIDENTIAL) SERVICES REAL ESTATE INC. and 031 FINANCIAL) SERVICES, INC., Defendants. AFFIDAVIT OF ALICE POLK 1) My name is Alice Polk and I reside at 5217 W. Gladys Ave, Chicago, IL 60644. 2) I am 86 years old. I am an African-American senior citizen. 3) I worked in the kitchen at Columbus Manor nursing home for 40 years. 4) I have resided in my home for 49 years. I raised my family in my home at 5217 W. Gladys Avenue. EXHIBIT L3. 5) In 2009, a woman named knocked on my door. 6) told me about this free FHA program offered by President Obama to help the elderly obtain free home repairs. visited my house a few times later, sometimes claiming that she came straight from church, and told me that I could trust Mark Diamond. She promised that I could obtain home repairs for free. 8) came back to my house with Mark Diamond. Mark Diamond promised to complete many home repairs, including replacing or repairing my roof, installing new plumbing in the kitchen, and installing a new porch light. Mark Diamond also promised to ?nish the basement, install an iron rod fence, and install new doors and windows. 9) and Mark Diamond convinced me to have Mark Diamond do the repairs and to take out a reverse mortgage. 10) Mark Diamond brought his of?ce to my house to conduct the closing. I did not know what a reverse mortgage was when I signed the papers. 11) Mark Diamond did not provide me any information about a reverse mortgage; however, Mark Diamond did promise me that if I passed away my house would go to my oldest child, and go down the line to each child according to their ages. Mark Diamond promised me that I will never lose my home. 12) I did not speak to a housing counselor about my reverse mortgage. did not receive a check during or after my closing. Mark Diamond did not provide me any information about receiving money from my closing. 14) Before and during my closing, Mark Diamond did not provide me any information about homeowner?s insurance. Mark Diamond never told me that I must maintain homeowner?s insurance for my reverse mortgage. Mark Diamond never told me that my homeowner?s insurance provider changed as a result of the reverse mortgage. 15) A?er the closing, I discovered that my homeoWner?s insurance company changed because I started receiving letters from a new company. I contacted State Farm insurance company because I wanted to choose my own homeowner?s insurance. I was unable to purchase a different insurance policy from State Farm. 16) Because I did not pay the new insurance company, the lender ?led a foreclosure action on my house. In October of 2014, Dennis Smith, an attorney, ?led court papers to help me stay in my home. 17) Mark Diamond also did not complete most of the home repair services he promised, such as: 0 building an addition in the back of the house 0 building the garage 0 ?nishing the basement 0 installing an iron rod fence 0 installing three new doors 0 installing windows in the bedrooms 18) Mark Diamond completed work on the front and back porches and the roof. However, the roof leaks, the gutter fell off, and the porch light he installed did not work. 19) Mark Diamond completed the work in the kitchen, but the pipe beneath the sink leaks. The pipe leaks so much that I am unable to use the sink. FURTHER AF FIANT SAYETH NAUGHT. CERTIFICATION Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certi?es that the statements set forth in this instrument are true and-correct, except as to matters stated herein to be on information and belief, and as to such matters the undersigned certi?es that the undersigned verily believe the same to be true. Klice Polk 90/4 Date IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v. No. 09 CH 33398 UNITED CONSTRUCTION OF AMERICA, INC, an Honorable David B. Atkins Illinois corporation, SKYWAY BUILDERS INC., an Illinois corporation, INC., an Illinois corporation, OSI FINANCIAL SERVICES, INC., an Illinois corporation, HARBOR FINANCIAL GROUP, LTD., a dissolved Illinois corporation, 3 UNITED RESIDENTIAL SERVICES REAL ESTATE and MARK DIAMOND, individually and as an agent of UNITED CONSTRUCTION OF AMERICA, INC, SKYWAY BUILDERS INC., HARBOR FINANCIAL GROUP, LTD., and President of UNITED RESIDENTIAL) SERVICES REAL ESTATE INC. and 081 FINANCIAL) SERVICES, INC., Defendants. AFFIDAVIT OF DOROTHY PRUITT 1, Dorothy Pruitt, certify under penalty of perjury that I have personal knowledge of the matters stated herein and if called upon as a witness, I would competently testify as follows: 1. My name is Dorothy Pruitt. 2. I am 65 years old and African American. 3. KC. Luckett and I live at 4217 W. Wilcox Street in Chicago, Illinois with our two young EXHIBIT \0 10. ll. 12. 13. 14. 15. granddaughters. Someone working for Mark Diamond approached me on my front porch in the summer of 2012 and asked me if I needed work done on my home. I said that I did. A while later, Mark Diamond came to our home and said that he was there to discuss the repairs we wanted. Mark Diamond said he could get us a reverse mortgage for $85,000. Mark Diamond told us he could do a lot of home repairs for us, including removing and replacing the two-story porch in our backyard. At the time we met with-Mark Diamond, only name was on the deed. Mark Diamond said K.C. had to deed the home in my name only to qualify for a reverse mortgage since K.C. was not yet 62. Mark Diamond told us that we could ?re-do? the reverse mortgage and add K.C. back to the deed after he turned 62. Mark did not tell us that the home may not be worth enough to do another reverse mortgage when K.C. turns 62. 7 Mark Diamond told us that we could not hire another contractor to do the work. He said he was the required contractor. Mark Diamond told us that the money from the reverse mortgage would go into an escrow account until the repairs were ?nished. I have never been contacted about releasing funds from escrow to pay for repairs, and I haven?t received any statements or other accounting from an escrow account. Around December 5, 2012, Mark Diamond came to our home with his attorney for the closing on the reverse mortgage. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Mark Diamond, his attorney, and I were the only people present at the closing. I signed a lot of documents about the reverse mortgage. A true and accurate copy of some of the documents I signed at the closing are attached as Exhibit A. Mark Diamond told me I had to sign the check from the reverse mortgage over to him because the bank would not let me deposit it into my account. Mark Diamond said he was the only one who could deposit the check into the escrow account. At the closing, I also signed a home repair contract. A true and accurate copy of the home repair contract is attached as Exhibit B. There was no discussion of the cost of the repairs and Mark Diamond did not inform me that it would cost the amount of the mortgage proceeds. We had to wait two months after the closing for the work to begin. By June of 2013, much of the work on the second ?oor was done, but work slowed down and by the end of 2013, there was a lot of work that was not done. One of the many things Mark Diamond had not done was replace the rear two-story porch. We hired an attorney to represent us and try to get Mark Diamond to ?nish the work. On January 14, 2014, our attorney sent a letter to Mark Diamond describing all the un?nished work. A true and accurate copy of the letter is attached as Exhibit C. After Mark Diamond received the letter from our attorney, he agreed to a settlement of the work that was to be completed. The settlement was dated May 19, 2014 and required the work to be done by July 28, 2014. A true and accurate copy of the agreement is 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. attached as Exhibit D. July 28 passed and Mark Diamond had not completed the work on the rear porch. In August, Mark Diamond?s workers tore down the two-story porch in our backyard, but they only replaced the ?rst ?oor of the porch. There is a door from the second ?oor that opens onto nothing because the second ?oor of the porch was not replaced. If anyone used that door they would fall from the second story to the ?rst. The quality of the work done on the ?rst ?oor of the porch is so bad that it is dangerous. There is no foundation or support for the porch. There are also large gaps in the stairs. When Mark Diamond?s workers tore down the porch, they also damaged the roof. There are broken beams hanging down from the roof and look like they will fall at any moment. The damage to the roof on the second ?oor allowed a lot of water to come in when it rained. There was a heavy rain shortly after the roof was damaged. The water was leaking through the second ?oor to the ?rst. There was so much water coming through it was like it was raining inside. K.C. tried to stop water damage by sweeping the water coming into the second ?oor through two rooms and out the second story door. Despite his efforts, there is signi?cant water damage to the second and ?rst ?oors of our home including buckling ?oors and peeling paint and plaster. I called Mark Diamond to repair the damage to the roof. Some workers came over but all they did was put a piece of plywood over the damage to the roof. 43. Mark Diamond has not ?nished the repairs on our home or corrected any of the poor work. 44. My family is at risk of injury every day that the porch and the roof are left the way they are. 45. Mark Diamond has not given us any money from the re?nancing. FURTHER AFFIANT SAYETH NOT. CERTIFICATION Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certi?es that the statements set forth in this instrument are true and correct, except as to matters stated herein to be on information and belief, and as to such matters the undersigned certi?es that the undersigned verily believe the same to be true. Dorothy a/ I Date/ OMB Approval No.? a A. Settlement Statement (HUD-1) II ,t 04"" ol Loan File Number: . Loan Number: Insurance Case Number: 113 FHA z? RHS a. DConv. Unlns. VA 5. [1 Com. Ins. Note: This form is furnished to give you a statement at actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked were paid Outside the closing; they are shown here tartntermatlona! purpose; end are not included In the rotate and MORTGAGE COVERAGE: 523100000 PER LENDER F. . AMERICAN ADVISORS GROUP 3000 W. CHAPMAN AVENUE SUITE 300 ORANGE . CA 92868 DOROTHY M. 4217 W. WILCOX STREET CHICAGO. IL 60824 l. Dale: Settlement Agent: PRIMARY TITLE SERVICES. LLC 6833 GROSS POINT ROAD #205 - SKOKIE. IL 60071?1859 Ph. G. Pr Locatlorl: 4217 W.WILCOX STREET CHICAGO. IL 60624 COOK - . .t DOROTHY M. Becomes! 5. 2012 DIebureezlmotlz -- -- - ease Geoss POINTROAD e205 - SKOKIE. IL 50077-1359 347.371 H.747 ?mtemountnueto 120. Gross Amount Due from 220. Total Pald Amount Due Seller From Seller To Borrower 303. Cash 608. Cash EXHIBIT I a The Public Burden In: this coIlenIr'on ol Inlolmollon I5 el 35 measles per response tot collecting. ?Meme. and venom m- deu. 'InIe enemy my net celled IhIe InfothlIDl'I. are put nqliredto menial. Iris folrn. mm It display: a currently valid OMB conle numw. Ha eonndenhmy fe named: Ihie List-Jewr- In mandatory. This II Ie would! the outlet to I RESPA con-lend unencqu during the ee?lemenl precise Fae 1 of3 HUD-1 Settlement Yam Estate Broker Fees Slit-n Fund: II ?5th it?ll hams In Connectlon Loan . -w'lth for your escrow account (from GFE 1001. Initial per month month services 1109. 1200. Govemmanl nd Transfer 0 1300. Addiutma'l Settlement sewlces the: can on lines Soctlon and HUD-1 Page 2 of 3 (MBQOPF DI14690I23) .f?ompa?rMn-oregoa Felth Estimate (are; and HUD-1 ornate; Good Felth Eatlmate HUD-1 Changes That Cannot Increase HUD-1LlneNumber . . . .. .our?d'ri?trie?uon charge r001 . . 6.469.61 0.25044 Your credit eroharge (points) for the speci?c'inloreet rate chosen #802 4,844.61 6,055.44 . . . ?603, 2.02500 3.20500 ?Trenefertaxes 01203 I 7' mam Total Cannot Increase ?are 10% ewmm HUD-.1 Government -- - I 80.00 Total 6,341.97] 0,347.97 Increase between'GFE and LS 0.00 or ?0.0091 ThatCan?Change 7 . . . .. .. gr3000 Fallh Eetlmate . 1" deposlt eecrow account i Daily Interest Iday . . insurance - - - I 2,070.00 2,070.00 COUNSELING 7 . 1 125.00 Loan Terms Your Inlttel loan amount to 1 5? 96,850.00 Your loan ?..lf?3m Your Initial Interest rate to 3.2150 as Your amount cured [or princlpal. Interest and "Includes any mortgage Insurance ls Pdnci?pa' [3 Interest Mortgage Insurance can your Interest rate rIee? I I I . No Yes. It can rise to a maximum of The ?rst change will be on and can change ageln every months after . Every change date. your Interest rate can Increase or decrease by 06. Over the life 0! the loan. your Interest rate ls guaranteed to never be tower than 96 or hlgher than Even If you make payments on time. can your loan balance ?ee? 8] No Yes. It can rise to a maximum or 3 Even you make payments on tlmo. can your No Yes. [he ?rst Increase can be on and the amount owed tor lnterest. and mortgage Insurance nee? - amount owed can ?ee to . The maximum It can ever rise to Is 5 Does your loan have a prepayment penalty? ., No Yes, your maximum prepayan penetlyis hoes your'loan have a balloon payment? No ?Yes. have a balloon payment of 3 due In years on Total amount owed Including escrow account payments You do not have a escrow payment for Items. such as property taxes and homeowners Insurance. You must pay these Items dlrecuy yourself. You have an additional escrow payment of 3m that results in a total initial amount owed 0! Includes pnnolpet. Interest. any mortgage tnsurenoe and any Items checked betow: pwpem taxes Homeowner?sinsuranoe Flood Insurance CI Note: If you have any ques?ons about the Settlement Gnomes and Loan Terms lIsted on this form. please your lender, Page 3 of 3 HUD-1 (14690.PFDI14690I23J 'H'UD-1Attao'hr'nent Borroweds): DOROTHY M. PRUITT 4217 W. WILCOX STREET CHICAGO. iL 60624 Lender: AMERICAN ADVISORS GROUP Settlement Agent: PRIMARY TITLE SERVICES. LLC Place of Settlement: 8833 GROSS POINT ROAD #205 - SKOKIE. EL 60077-1859 (P) 847-677-8833 (F) 847-673-8833 Settlement Date: December 5. 2012 Disbursement Date: December 10. 2012 Property Location: 4217 W. WILCOX STREET CHICAGO. lL 60624 COOK County. Illinois DOROTHY M. PRUITT Adjusted Origination Charge Details Origination Charge origination fee 2,500.00 to AMERICAN ADVISORS GROUP YSP 5,635.44 to AMERICAN ADVISORS GROUP DOCUMENT PREPARATION FEE 12.5.00 to REVERSEDOCS Total S. . 8.260.414 Origination Credith harge (points) for the speci?c interest rate chosen Credit/Charge 5055.44 to AMERICAN ADVISORS GROUP Total 6.055.441 Adjusted Origination Chares 5. 3.2050 Title Servicee and Lender's Title Insurance Details eonnowsn SELLER TITLE EXAM 100.00 to PRIMARY TITLE SERVICES. LLC STATE FEE 3.00 to STEWART TITLE GUARANTY COMPANY EXPRESS MAIL 20.00 to PRIMARY TITLE SERVICES, LLC RECORDING SERVICE 25.00 to PRIMARY TITLE SERVICES. LLC CLOSING PROTECTION LENDER 25.00 to STEWART TITLE GUARANTY COMPANY CLOSING PROTECTION BORROWER 50.00 to STEWART TITLE GUARANTY COMPANY TAX PAYMENT FEE 25.00 to PRIMARY TITLE SERVICES. LLC ENDORSEMENT 150.00 to PRIMARY TITLE SERVICES. LLC CLOSING FEE 250.00 to PRIMARY TITLE SERVICES. LLC Lender?s title insurance 200.00 to STEWART TITLE GUARANTY COMPANY Total 5 848.00 0.00 WARNING: It Is a crime to knowingly make false statements to the United States on this or any similar form. Penalties upon conviction can include a line and imprisonment. For details see: Title 18 us. Code Section 1001 and Section 1010. I 14690.PFDI14890I23) HUD-1 Attachment - Contlnuad Lender's Title Insurance BORROWER SELLER Steamer shownahove ft! 110; Sewlees and Lenders Title Insuranceoetalls .. . Lender's Policy Premium 200.00 to STEWART TITLE GUARANTY COMPANY Total 5 200.00 7 0.00 WARNING: It is a crime to make false statements to the Include a ?ne and Imprisonment. For details see: Tltlo 1a 0.8. Code Section 1001 and Section 1010. nlted States on this or any tom. Penalties upon conviction can (14690.PFDI14690I23) a . - -. cchGo; - ?77* 393959699- . I Honm 1373470 LIMITED . HOME . ((.crrv' a, - - I STA 506.24%: JOBADDRESS - crry II - . ANY AND ALL THIS ASSUMES, EQUIPMENTIS WITHIN THE PRENT cone PBNSIBW- HOMEOWNER. UNLESS OTHERWISESTATED IN THIS CONTRACT. g? -- - I- Ema-4 ?fe-Ave gland/IA} awe/Ma {lg/1135sz?nxq; 7. .. L/?amwaw/s- Aid? - TO PAY THE AFOREMENTIONED equows; I I -- I ON DATE OF CONTRACT VERBAL CHARGES TO BE WORK NOTISPECIFIED BEAUTHORIZED IN WRITING BY PURCHASER AND ACCEPTED BY CONTRACTORRESIDENTIAL SERVICES. 3; REAL ALL LABOR FOR A PERIOD OF ONE COMPLETION THE WORK. -- IS RESPONSIBLEITO IPIROVIDE ANY AND ALL BUILDING PERMITISWHERE .I NEEDED. UNITED RESIDENTIAL SERVICES 8: INCORPORATEDIS IN NO WAY RESPONSIBLE FOR PROVIDING AND ALL EXPLICITLY STATED YOU, THE CANCEL THIS TRANSACTION ANY TIME PRIOR TOIMIDNIGHT DATE .OF THIS I ATTACHED NOTICELDF CANCELLATION FOR AN EXPLANATION-OFIWIS I. - I BUYER COMPLETED COPY SELLER AND BUYER. CO- BUYER. IF ANY. ACKNOWLEDGES ?oI-t A FULLY COMPLETED THIS CONTRACT EXECUTED BY BOTH SELLER AND co- BUYER'20 4 5- 3., ?gig-3w :rf awn-r, UNITED RESIDENTIAL SERVICES REAL ESTA-TE INC. R, HOME REPAIR ucms3# .7 CHICAGO, rumors 6064:: 1373470 IMTED 0009220 7 1214355 . . . {Siaai'iBi/i? ?ow! .?wkeoeimrmn Wm- .- <4 We 4? #5 F/om? We? dig 1 9) I ?Z?figz?? Wm? I -, 5 $7919! ?evma g4), 4s Mao/a f/me 4" Fax?: 773-395-1615 - UNITED RESIDENTIAL SERVICES 6: ESTA-TE INC, I HOME REPAIR moms3# .. -: CHICAGO, ILLINOIS 60641 1873470 -IMTEDBUSINESS 0909220? . 1274355 . JOB PEC 7- 54,0144 1, . 1? -- 82/4 -- - 7,7 {06 goo-ml . um 77 - w?m. Vi?t?de-T ?34 [Weqfr . 4c; 1164?. Lil-?g. (P?funfr?vt'Jl - '5?1?33-?1-guv 17.32.15. Joe? I I - UNITED RESIDENTIAL SERVICES REAL ESTATE INC. - . - HOME REPAIRIICENSEI: . . . CHICAGO. ILLINOIS 6064'!? I 1373410- . . LIMITED LICENSE 9.0.1.1chst TGC 0009220 7 1274355 - Down. . 7'14: 4 $25942 i9? DearWave- d. Fax: 773-395-1615 January 14, 2014 Mark Diamond Mark Diamond 360 East Randolph Street #3604 United Residential Services Chicago, Illinois, 60601 2355 North Damen Chicago, Illinois 60647 Re: Dorothy Pruitt K.C. Luckett 4217 W. Wilcox Street Chicago, IL 60624 Mr. Diamond, I have been retained by Dorothy Pruitt and her husband KLC. Luckett in connection with a claim against you and your construction company. Mr. Luckett and Ms. Pruitt are first-time homeowners who owned their home - ?free and clear? of any mortgages when your agent approached Ms. Pruitt on her front porch one day in the summer of 2012, asking if she needed any work done on her home. My clients said yes, and shortly thereafter, you visited her and subsequently arranged for them to obtain a reverse mortgage which provided approximately $85,000 cash out. Prior to the reverse mortgage closing, Mr. Luckett agreed to deed off the property, since he was not yet age 62. You told him that once he turned 62, they could put him back on title and ?re-do? the reverse mortgage to include his name. However, you failed to explain that it is highly unlikely that there will be sufficient equity to support another reverse mortgage in several years. You also failed to inform Mr. Luckett that if his wife predeceased him, he would be required to repay the mortgage within one year. Prior to signing a contract with you, my clients asked if they could get their own contractor. You told them, and stated that you were the required contractor. You also stated that they would be required to hand over the funds to you in advance of any work being done, and that the money would go into an escrow. They signed a construction contract on the same date as the loan closing, December 5, 2012, for the same amount as the cash out from the reverse, with no discussion or negotiation of your price. However, they did not expect that the entirety of the loan proceeds would be turned over to you, and wanted to use some of the money for other purposes. EXHIBIT 2 Q. Pruitt/Luckett v. Diamond January 14, 2014 Page two Mr. Luckett and Ms. Pruitt waited two months for the work to begin. They decided to let the work proceed since you already had all their money. By June, 2013, much of the work on the second floor was completed, however by the end of the year, much work remains to be done. My client have repeatedly asked you to finish the work over the last year, and Ms. Pruitt gave you a list of unfinished work in December, 2013. To be specific, the following work remains to be done: - Second Floor Covers on light switches (5-6 throughout unit) Bathroom window sill needs to be angled away from the wall (to prevent water accumulating on the ledge when taking a shower) Fireplace is not sealed around the mantle/wall Glass panes needed in hutch Left side front window sill/frame/trim not6 nailed down (is coming away from the wall) First Floor Front hall/entrance needs floor tile Old mailbox to be removed and wall covered/sealed over Paint in front and back bedrooms All baseboards missing and need to be replaced throughout Ceiling fans in three bedrooms Light fixtures in hallway (2) Bathroom closet door needs trim/frame and paint shelves Kitchen needs microwave to be built-in over stove Back bedroom closet to be expanded to walk-in Basement Remove and replace water/mold?damaged sections of drywall throughout New flooring Bathroom needs new toilet and sink/vanity Exterior Tear down and replace open two-story rear porches . Garage needs glass block windows and side door (currently boarded up) Pruitt/Luckett v. Diamond January 14, 2014 Page three The garage work is affecting my clients' insurance standing. In addition, their insurance company has-notified them that the house needs tuckpointing on two sides and the chimney is falling down. You promised to perform all necessary improvements, convinced them that you were knowledgeable as to what work needed to be done, and therefore, it is our position that the brickwork should have been included in the written contract. My clients are still willing to allow you to complete all of the above work within a reasonable amount of time. Please contact them directly to arrange for the completion of the work. If you wish to discuss this matter further, please have your attorney contact me. Sincerely, Michelle Weinberg Supervisory Attorney 312-347-8363 05/19/2014 HON 13:42 AND RELEASE. This Settlement Agreement and Mutual Release C?Agreement?) is entered into as of May 19 . 2014. by and among Dorothy min (?more and not Luckeu (?Luckett?)ond Mark Diamond ("Diamond"), United Residential Sotvioes and Real Estate. Inc ("United (Diamond and United are collectively referred to as "the Diamond Parties?). Limkett and Pruitt are referred I to collectiwa as the ?Pruitt Parties and the Pruitt Parties and Diamond Parties are collectively refuted to as the Parties. WHEREAS. the Pruitt Parties and United ontonod into a contract (the "Contracf'J for certain home repairs and temodeling; and WHEREAS, a dispute has arisen between the Parties regarding the wont performed under the Contract, the work to be performed and additional work dashed by tho Pruitt Parties and not listed in tile Contract; and WHEREAS, as a result of the afore described dispute there in litigation threatened ~between the Parties; and WHEREAS, the Parties recognize the expense. inconvenience and uncertainties of litigation; and WHEREAS, the Parties have undertaken good faith settlement negotiations and mutually desire to avoid litigation and to fully settle and molve all disputes they have agalnst the other, solely for the purposes of avoiding the con Le. uncertainties and inconvenience associated with litigation and without any admission of liability by anyone by entering into this Agreement. on the his and in the manner speci?cally set forth below. EXHIBIT l'd A Lugozeu in.an Kutowa .uauv?e NOW THEREFORE, in consideration of the premises and the mutual covenants set forth herein, it is the present desire of the Parties to this Agreement to effect a ?nal settlement and compromise of all claims presently existing between the Parties as set forth below. 1. Incorporation of Recitals. The above recitals are true and correct and are hereby incorporated by reference and made part of this Agreement. 2. Settlement. United shall perform the repairs/remodeling services set forth in the letter from LAF dated May 8, 2014 and attached hereto as Exhibit A. 4. Release. In consideration of the promises and covenants contained in this Agreement, and other valuable consideration, the receipt and suf?ciency of which is hereby acknowledged, the Pruitt Patties on behalf of themselves, their successors, receivers, assignees, administrators, heirs, devises, exechtors, spouses, attorneys, agents and representatives, hereby release and forever discharge the Diamond Parties, and their current and former officers, owners, directors, managers, members, predecessors, successors, receivers, assignees, agents, representatives, and employees from all claims, rights, duties, obligations, debts, liabilities, suits, controversies, damages, injuries, actions or causes of action of every kind or nature, whether in law or in equity, known or unknown, foreseen or unforseen, contingent or actual, liquidated or unliquidated, which they ever had, have or may have against any of them from the beginning of time to the effective date of this release, including but not limited to all claims that were alleged or could have been alleged in the Lawsuit. 5. Non-Reliance. In executing this Release and Settlement Agreement, no party is relying upon any statement or representation made by any person or party released or its agents and representatives concerning the legal liability of one to the other and each party represents and 2 warrants to the other that there are no claims against the other which have not been settled or compromised as set forth in this agreement. 6. ,Constnuction. The Parties to this Agreement have cooperated in the drafting and preparation of this Agreement Neither the entire Agreement nor any provision in it shall be deemed to have been drafted by any Party or construed more strictly or favorably as to any Party. 7. The Parties do not acknowledge or admit any liability or wrongdoing with respect to the matters in dispute and expressly deny any such liability or wrongdoing, and this Agreement may not be used to allege or prove any liability in any other litigation involving any party hereto The payments, covenants, promises, conditions, conveyances and agreements contained herein are made pursuant to a settlement between the Parties and represent a compromise of disputed claims and shall not be admissible in evidence in any suit or proceeding before in any venue as evidence or admission of wrongdoing by any Party. 8. Binding Agreement. This Agreement shall be binding upon the Pmitt Parties, Diamond and United, as well as their respective members, of?cers, directors, employees, agents, legatees, heirs, executors, administrators, bene?ciaries, successors and assigns. 9. Third Party Beneficiaries, There shalt be no third party bene?ciaries to this Agreement. 10. Entire Agreement. This Agreement re?ects the entire understanding between the Parties hereto, and no statements, promises or inducements by any Party, or representative of any Party to this Agreement, shall be valid or binding unless they are explicitly contained in this Agreement. This instrument contains the entire agreement between the Parties hercto with respect to the subject matter hereof, which supersedes and cancels all previous agreements, commitments and writings with respect to such subject matter. This instrument may not be modi?ed in any manner except by an instrument in writing signed by both Parties hereto. Cooyeraticn. The Parties agree to coopetate fully and to execute any and all supplementary documents and to take all additional reasonable actions which are consistent with and which may be necessary to give full force and effect to the terms of this Agreement. 12. Acknowledgment of Agreement and Voluntary Executing. Each of the Parties, represents and warrants that he, or it has been represented by attorney(s) throughout the Litigation, is currently represented by attorney(s), and has consulted his, or its respective attorney(s) prior to execution of this Agreement. Each Party represents that he or it has read this Agreement, has reviewed same with its attorney(s), or had the opportunity to do so, understands its terms and conditions and that he or she has freely, voluntarily, and knowingly executed this Agreement and is under no legal disability. ln executing this Agreement, the Parties have been duly apprised of all relevant information contained herein. Each Party has read this Agreement, understands the terms thereof, and intends to be legally bound by the same. 13. Mutual Arms? Length Agreement. This Agreement has been negotiated at arms? length and arrived at mutually by the Parties. 14. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If, however, any provision(s) of this Agreement is/are held unenforceable or invalid under applicable law, this shall not serve to invalidate or have any effect whatsoever on the remaining provisions of this Agreement. 15. Assignment of Claims. Each of the Parties for themselves, and their respective former and present members, directors, of?cers, managers, representatives, employees, af?liates, agents, 05/1H201a 30:: 13:43 PM divisions. parents. subsidiaries, related companies, successes: and assigns, hereby repmsent and want that they have not assignedfsold or otherwise transferred any ofthair past. present, or future claims, which in any way relate to the facts or transaction: giving rise to the thigalkm, or which otherwise relate to the subject prop erty. home repait contract nndlor matters pied in the Litigation. 16. Anglinniile Law. This Agreement shall be deemed to have been made in Illinois. and shall be construed androi- enforced in with the laws of the State of Illinois without regard to any con?ict of law provlslanm. l7. Autumn?, in the event that the Diamond Panic; full to perform their under this Senlement Agnement, the Pruitt Parties may ?le an action to enfm these obligations. or for damages arising out ofth: failure to perform. plus reasonable attorney fees incurred in the enforcement of this Settlement Agreement. 0051005 L'd Z. ilimd Milo-'00 - . .- IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, No. 09 CH 33398 v. UNITED CONSTRUCTION OF AMERICA, INC, an Illinois corporation, Honorable David B. Atkins SKYWAY BUILDERS INC., an Illinois corporation, INC., an Illinois corporation, OSI FINANCIAL SERVICES, INC., an Illinois corporation, HARBOR FINANCIAL LTD, a dissolved Illinois corporation, 3 UNITED RESIDENTIAL SERVICES REAL ESTATE and MARK DIAMOND, individually and as an agent of UNITED CONSTRUCTION OF AMERICA, INC., SKYWAY BUILDERS INC., HARBOR FINANCIAL GROUP, LTD, and President of UNITED RESIDENTIAL) SERVICES REAL ESTATE INC. and 081 FINANCIAL) SERVICES, INC., Defendants. AFFIDAVIT OF CLYDE ROSS I, CLYDE ROSS, certify under penalty of perjury that I have personal knowledge of the matters stated herein and if called upon to testify, I would competently testify as follows: 1. My name is Clyde Ross. I am 91 years old and I am an African-American. 2. I was born near Clarksdale, Mississippi in 1923. 1 EXHIBIT ill