Update: June 27, 2008
On June 26, 2008 I received a check in the mail for $1000.00 from Ms. Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois. This is my earnest money. I still have not received the court ordered $414.00 from Gerald and Geraldine Crosswell. The court issued an order on May 15, 2008 stating I would get $1000.00 earnest money and $414.00 from Gerald and Geraldine Crosswell.
On May 15, 2008, I placed a Lien on Gerald and Geraldine Crosswell's property in the amount of $414.00 located at 401 E. 167th Street, Harvey Illinois. Placing a Lien on this property cost me $48.50. The Crosswell's have obtained a different real estate company to sell their home. Real People Property is now the Real Estate brokers.
On May 16, 2008 I faxed Real People Property at 815-364-2781 sending them the court order with the seal and stamp from the Cook County Recorder of Deeds stating that a Lien was on this property. I called 815-852-0693 and talked to Lisa about this Lien. She confirmed receiving the fax. I also faxed these documents to Maria and Juvenal Herrera at 708-960-4079. I called their work number at 708-957-5249 and informed them I was sending them the fax and that there was on Lien on the property they were selling. As of June 27, 2008, I have not received any correspondence from Maria and Juvenal Herrera or from Gerald and Geralding Crosswell. I will call Maria and Juvenal Herrera on June 27, 2008 requesting an update on the sell of this property.
Update: April 17, 2008
On or about April 14, 2008 I received a response to my subpoena to Attorney Mary Jane Chapman, to which I requested a copy of the "Authorization to Release Earnest Money" that was signed by the seller and myself. On this "legal" document, the seller wrote: "I want half of the earnest money to cover my expenses for request repairs as per inspection report, an waiting for you to get loan. Thank you Geraldine Crosswell."
This is bogus. Coldwell Banker accepted this statement to hold my earnest money. When I signed this document, it did not have the statement by the seller on it. Coldwell Banker accepted an altered "legal" document to hold my earnest money.
On another note: On April 3 2008 I requested from the Cook County Sheriff's Office a complaint form to file against Deputy Sheriff Hill in Room 209. I received this complaint form from the post office on April 16, 2008. I spoke to Investigator Farley about this request of a complaint form on April 3, 2008. Investigator Farley called me and informed me it was at the post office. I had my wife pick it up.
This complaint is against Deputy Sheriff Hill in room 209 of the Markham Courthouse. Deputy Sheriff Hill discriminated against me with indifferent treatment while I litigated this case. Deputy Sheriff Hill stated to me in open court and in a loud, obnoxious voice, "sit down, can't you read the sign. No one is permitted to approach the clerk while the Judge is on the bench." Deputy Sheriff Hill allowed attorneys to approach the clerk while the Judge was on the bench. I am pro se in this case. I am acting as my own attorney. I am held to the same standards as an attorney, while litigating my own case.
Update: April 15, 2008
I did not contact this agency to regulate the seller or to capture my funds for me. I contacted this agency alleging wrongful conduct on the part of Coldwell Banker and Frances Zeleznik. This agency decided to error on the side of the Real Estate company, and use the seller and money to distort their responsibility.
I sent the letter dated March 20, 2008 to the Illinois Department of Financial and Professional Regulations on March 20, 2008 requesting they wait until to make a ruling on the charge I brought against Coldwell Banker and Frances Zeleznik. Instead of delaying their findings, I received this letter on or about April 1, 2008:
Illinois Department of Financial and Professional Regulation, Division of Professional Regulation, Dean Martinez, Secretary; Daniel E. Bluthardt, Director
3/26/2008
Ms Nance Jr.
Re: Frances J. Zeleznik
2008-01150
Dear Mr Nance Jr.:
The Real Estate Division has completed its review into the aforementioned matter. After careful review by the Board, the file has been closed. This agency cannot order the return of funds. Your issue with the seller is a private contractual dispute that is outside of the jurisdiction of this agency. This agency does not regulate sellers.
This office can only impose discipline on a real estate licensee if the matters alleged represent a violation of the Real Estate License Act. Not all aspects of a real estate transaction fall under the jurisdiction of the Real Estate License Act. You may wish to consult your own attorney as you may have other remedies available to you.
Thank you for the inquiry.
Sincerely,
Complaint Intake
Update: April 12, 2008
On April 3, 2008 this case was continued to May 15, 2008 because the Honorable Judge Camille E. Willis was absent. I sent a subpoena to Mary Jane Chapman requesting she send me a copy of the “Authorization to Release Earnest Money” that Ms. Crosswell states she signed telling her that it was reported Ms. Crosswell signed the release and wrote a statement suggesting she wanted $500.00 of Mr. Nance earnest money. I also sent a subpoena to Angela White by certified mail. I received a receipt stating Ms. Angela White's office received my certified mail and her subpoena. The Sheriff's department failed to serve Ms. White with a complaint stating they could not get a response with the address on their paperwork. The address on my certified mail is the same address on the Sheriff's paperwork.
March 20, 2008
Re: Case # 08 M 60867
On March 20, 2008 the Honorable Judge Camille E. Willis continued this case until April 3, 2008. Judge Willis requested I draft this letter and send it to: Ms. Cookie Zeleznik and Attorney Mary Jane Chapman. I requested this letter be sent also to: Attorneys Leonard D. Litwin and John C. Clavio, along with subpoenas to appear in open court regarding this matter. Judge Willis stated she had no problem with my request.
Judge Willis emphatically stated she wanted Ms. Zeleznik and Ms. Chapman back in court because defendant Geraldine Crosswell stated she signed the “Authorization to Release Earnest Money” and told Ms. Zeleznik to give Nance his earnest money. Also, defendant Geraldine Crosswell stated that Attorney Clavio’s administrative assistant told her she told Ms. Zeleznik that Ms. Crosswell said give Mr. Nance his earnest money.
I, Fred L Nance Jr., informed Judge Willis that I asked Attorney Mary Jane Chapman for a copy of the “Authorization to Release Earnest Money” that Ms. Crosswell states she signed telling her that it was reported Ms. Crosswell signed the release and wrote a statement suggesting she wanted $500.00 of Mr. Nance earnest money.
I, Fred L Nance Jr., informed Judge Willis that Attorney Mary Jane Chapman ignored my request for a copy of this document. Ms. Crosswell admitted to Judge Willis in open court she wrote a statement requesting $500.00 but informed Judge Willis that she told Ms. Zeleznik to give Mr. Nance his earnest money back.
Judge Willis stated I should put in this letter that she wants Coldwell Banker to bring the whole file in this case to court on April 3, 2008.
Therefore, it is ordered by this court that Cookie Zeleznik and Mary Jane Chapman appear on April 3, 2008. The order from the court is attached to this letter. Judge Willis told me to send this letter and the order by certified mail to Ms. Cookie Zeleznik and Attorney Mary Jane Chapman. I will also send this letter, the orders from the court and subpoenas to Attorneys Litwin and Clavio.
Respectfully submitted,
Fred L Nance Jr., ABD, MA, CADC, NCRS
cc: Honorable Judge Camille E. Willis
Update: March 6, 2008
The Cook County Sheriff Department made service of the civil complaint on Crosswell and Coldwell Banker on March 5, 2008.
Update: February 28, 2008
I received 2 letters from the Illinois Department of Financial and Professional Regulation, 1 dated on February 21, 2008 and the other dated February 22, 2008. The letters list Frances Zeleznik as the complainant instead of Coldwell Banker. The letters appear to be "generally" formatted stating in part "This letter acknowledges receipt of the information you submitted...Your correspondence wil be reviewed to determine whether the conduct, as set forth in your complaint, merits an investigation pursuant the Agency's authority under the Illinois Real Estate License Act of 2000...Please note that the Act allows for discipline or remedial action to be taken against a real estate licensee. The agency cannot act as your advocate and cannot seek any private redress, money damages or otherwise, on your behalf...."
Basically, the Illinois Department of Financial and Professional Regulation will not pursue any avenues toward a consumer getting their money back from unscrupulous companies and the people they represent.
This is why I pursued litigation on my own. I am familiar with the systems we have in place. What about those consumers who do not know how real estate agents and the companies they work for operate. I will write more about this later.
Update: February 22, 2008
I filed a civil complaint in this matter on February 22, 2008. This complaint can be found on http://clickforjusticeandequality2.blogspot.com/
Update: February 20, 2008
Coldwell Banker is getting ready to "take" some other poor soul's Earnest Money for the property located 401 East 167th Streeet, Harvey Illinois.
I called Mr. Oster of Coldwell Banker on February 19, 2008. Mr. Oster informed me "their" client has not signed the release for my "Earnest Money." Mr. Oster stated to me, "...as far as I know, the lawyers are handling things." I informed Mr. Oster my lawyer, Leonard Litwin, is not participating in any negotiations with the seller's lawyer, John Clavio about my "Earnest Money." I informed Mr. Oster I would begin civil litigation on this matter. Mr. Oster stated, "...I guess you got to do what you have to do...."
I informed Mr. Oster that Coldwell Banker still has their sign posted on the Crosswell's property. I asked Mr. Oster if they were still trying to sell the Crosswell property. Mr. Oster states Coldwell Banker is still trying to sell the property.
Update: February 16, 2008
I have not heard anything from Coldwell Banker's manager Jim Oster or the seller, Gerald & Geralding Crosswell about the return of my Earnest Money. I called Mr. Oster office on February 16, 2008 at approximately 10:36 AM leaving a message on his voice mail requesting my Earnest Money. I left a message on Mr. Oster voice also stating as Coldwell Banker is the legal agent for the seller and possesses the Earnest Money, that they should sign in place of the seller having knowledge I have a right to my Earnest Money. I will await Mr. Oster's return call for a response.
February 8, 2008
The Illinois Department of Financial and Professional Regulation, Division of Professional Regulation sent me mail informing me I had to complete their "Consumer Services Inquiry Form." I completed the form and fax it to their Chicago Office; to the attention of Karen Konstant. I faxed 31 documents related to this issue.
Since I have not received my "Earnest Money", I plan to file a civil complaint against Coldwell Banker, Cookie Zeleznik, Gerald Crosswell, Geraldine Crosswell, Chicago Association of Realtors/Chicago Realty Network, Angela White and John Clavio.
The courts generally wants a litigant to exhaust all administrative remedies before bringing claims to the court.
I will continue to update this issue as I receive information. The public must be made aware of how the consumer is treated by Real Estate Companies and their brokers.
February 5, 2008
On February 4, 2008 my lawyer, Attorney Leonard Litwin, received a voice mail from the sellers Attorney, John Clavio, who states: "...he has repeatedly told his client (Gerald & Geraldine Crosswell) and the broker (Coldwell Banker) to release the money...I don't know what more I can do...I can only recommend...I cannot control these people." My attorney states there is no grounds to keep my money.
February 4, 2008
Beware! Beware! Consumers Beware! Never put up "Earnest Money" or spend any kind of money unless a mortgage company has received "approval" for your loan!!!!!!!!!!!!
The real culprit in my case is the mortgage company, that is, Chicago Association of Realtors/Chicago Realty Network and Coldwell Banker.
How many people are losing their homes because of foreclosures? These loses are a direct result of mortgage companies getting people into homes they could never have afforded in the first place.
In my case, a mortgage company told me I was "pre-approved." After telling me I was pre-approved, I was told I have to put up "Earnest Money" to secure the deal. After I put the "Earnest Money", I was told I need to get an inspection. After the inspection, I had people calling me from the mortgage company asking me for more information to improve my credit for the loan.
Wait a minute!!!! I thought I was approved already. After putting up "Earnest Money" totalling $1000.00 and $300.00 for an inspection report, the mortgage company told me I needed additional documentation, and that, I had to pay off some of my debt before I could be approved for the loan they already told me I had.
I will give you more information about this issue in the upcoming days.
February 2, 2008
Department of Financial and Professional Regulation
Division of Professional Regulation
Complaint Intake Unit
100 West Randolph Street, Suite 9-300
Chicago, Illinois 60601
Coldwell Banker
Mr. Jim Oster, Manager
Southeast Office
2 River Place, Suite K
Lansing, Illinois 60438
Re: Property located at 401 E. 167th Street, Harvey Illinois 60426 and Earnest Money
Mr. Jim Oster:
On February 2, 2008 I called Real Estate Broker Cookie Zeleznik requesting information about my Earnest Money. Ms. Zeleznik informed me she was still waiting for her client Gerald and Geraldine Crosswell to sign the release for my Earnest Money. I called and spoke to Geraldine Crosswell. Ms. Crosswell informed me she signed the document and sent it to her attorney/Ms. Zeleznik, but requested $500.00 of my Earnest Money because I made her fix things in her “house” knowing I could not get a loan to purchase the property. The things Ms. Crosswell fixed were requested items of the Village of Harvey in order for her to sell her property and were similar items listed in the inspection report of Tri-County Securement Company, which cost me $300.00.
On or about November 15, 2007 I, Fred L Nance Jr., entered into a Real Estate Sale Contract as the buyer with Gerald and Geraldine Crosswell as the seller for their property located at 401 E. 167th Street, Harvey Illinois 60426. I put up $1000.00 Earnest Money with this contract. This property was an attempt by me to purchase “income” property.
The Seller’s Real Estate Broker is Cookie Zeleznik. My Real Estate Broker is Donna Atkins. The Real Estate Contract was created by Chicago Association of Realtors/Chicago Realty Network, which Donna Atkins is associated. Cookie Zeleznik works for Coldwell Banker in Lansing Illinois, which holds my Earnest Money.
The sellers Gerald and Geraldine Crosswell’s attorney is John Clavio, located at 10277 West Lincoln Highway, Frankfort, Illinois 60423. His phone number is 815-464-8290. My attorney is Leonard Litwin located at 205 West Randolph Street, Suite 1410, Chicago Illinois 60606.
In middle December 2007, I was informed by Ms. Angela White of Chicago Realty Network the credit scores of my wife and I would not allow us to purchase the property. On December 19, 2007 my real estate broker Ms. Donna Atkins faxed me an “Authorization to Release Earnest Money”, which my wife and I signed faxing it back to Ms. Atkins. Ms. Atkins forwarded this document to Ms. Cookie Zeleznik.
On or about January 2, 2008, I called Ms. Zeleznik requesting my Earnest Money. I informed Coldwell Banker representative Cookie Zeleznik I could not purchase the “income” property because of our credit scores, requesting Coldwell Banker release my Earnest Money. Ms. Zeleznik suggested I try one of her mortgage lenders at Coldwell Banker for a second opinion before they released the Earnest Money. I agreed.
On or about January 17, 2008, Ms. Zeleznik engaged me with mortgage advisor Mike Cawley of Coldwell Banker. On or about January 18, 2008 after review, Mr. Cawley informed me the credit scores of my wife and I was not going to allow me to purchase the “income” property. I immediately called Ms. Zeleznik requesting the $1000.00 refund of my Earnest Money.
No one has called since Mr. Cawley of Coldwell Banker informed me on January 18, 2008 the credit scores of my wife and I would not allow purchase of the said property. Therefore, on February 2, 2008 I called Ms. Zeleznik about my Earnest Money. Ms. Zeleznik informed me she had not heard from the seller.
Now therefore, I request my Earnest Money, with interest from Coldwell Banker. I request the Office of Banks and Real Estate/Illinois Department of Financial & Professional Regulation investigate and find Coldwell Banker and its agents liable for my Earnest Money. In addition, I request this entity find Attorney John Clavio at fault for not advising his client of her error. If this entity does not have jurisdiction over this attorney’s non-actions, I will file a complaint with the Attorney Registration and Disciplinary Commission.
Respectfully submitted,
Fred Nance Jr., ABD, MA, CADC, NCRS
cc: Mr. Leonard Litwin, Attorney at law
Mr. John Clavio, Attorney at law
http://click.townhall.com/
http://clickforjusticeandequality.blogspot.com/
Cookie Zeleznik, Coldwell Banker Broker
Donna Atkins, Real Estate Broker
All copies of this letter are sent to the parties above by fax, email and U.S. Mail.
