My name is Haresh Mirchandani. This letter is in reference to report serious wrongdoings of M&I Bank. My family and I own a Shell gas station in Phoenix, AZ. In December 2007, M&I refinanced my store. They sold a swap loan to us and convinced us that it was one of the best loans available which my wife and I had trouble comprehending due to the pain and suffering caused by a car accident that occurred a week earlier. M&I Bank assured me that my payments would remain at a constant amount of approximately $15, 000 and $8000 would go towards my principal as per their amortization schedule (Exhibit A) at the time of signing the loan.
As I continued to make payments, I noticed they were increasing substantially each month. After two years of emails and phone calls to M&I bank, they finally admitted my loan was inputted incorrectly. By then it was to late, the swap loan was being charged to my account and accumulating high amounts of overdrafts plus high amount of fees. To make matters worse, M&I had established a revolving line of credit at the time of signing the loan, which they used without our permission to pay off miscellaneous items generated through the overdrafts.
Once M&I admitted to their wrongdoings (Exhibit B), they wanted to rewrite the entire loan dating back to December 2007. When they sent us the new loan, we consulted an attorney to study the terms of the new loan. By the time he finished studying both notes M&I had initiated a trustee sale based on a $65, 000 bridge loan, which they promised to wipe out. . We were told to sign a loan of $65000, 00
a bridge loan since they realized that these numbers were incorrect and all the fees and correct amounts would be credited back into my loan. I have emails documenting what they said and they just needed this bridge loan for 3 months and would rectify it.
Mr Ed Hines, Mr Jim Laine and Mr Eric Andres who turned from sweet talking business bankers to liars and sharks
. The more we asked about correcting out loan and checking accounts, they refused to answer emails or phone calls instead July 2009 put our very bridge loan and a line of credit of $145, 000.00 as a means of starting foreclosure filing, the very bridge loan that was going to be credited in my account. They decided to only renew these notes for 3 months and every 3 months,
Mr Eric Andres would treat us as criminals and put a gun over our heads if I may say so. His demeanor was intimidating, frightening and discriminatory and continuous threats of not pulling us out of foreclosure and purposely not renewing these two lines of credit.
We approached M&I to inquire why they had done so. M&I agreed to meet us on one condition, that we forget all their wrongdoings and start fresh.
Note #1 which was signed in December 2007, Mr. Eric Andres sold the swap part (which we did not understand to begin with) and charged us another penalty of $146, 650, again promising that he was going to give us great terms and use this amount to rewrite the loan as we would come out of foreclosure, if we completed paying our property fees in February 2010. Then along with that he added $54000.00 of new over drafts which he refused to tell us how they were incurred as the checking accounts were closed.
We were forced to sign a forbearance agreement out of fear of losing our business. The agreement stated to make payments towards my loan and become current on my property taxes. I met all conditions of the forbearance agreement after two extensions and the trustee sale was canceled. However, we were not ready to sign the third agreement because it contained an absurd clause, which stated we either refinance or do a short sale of my business in the time frame of only three months. We did not agree to the short time period that was given to refinance my business and selling was not an option due to the recession and this business being the livelihood of my family and I.
Against my wishes I listed my business with a commercial broker and I approached Wells Fargo to refinance my business. I was informed by M&I Bank that our two small notes would be written off, as long as our large notes could be refinanced due to the SBA 7A loan limitation, which maxs out $2, 000, 000. Wells Fargo started the loan process and informed me this loan was possible and made contact with Eric of M&I Bank to request a payoff letter.
Two weeks ago, I received a letter in the mail stating my notes have been sold to a freshly incorporated company who wants to bulldoze my store. I am now in default of two notes I was making payments towards which have purposely not been renewed by M&I Bank. My store is now back in a trustee sale.
There are more wrongdoings, which have not been included in this letter. I knew before hand that M&I’s Vice President Mr. Eric Andreas wanted to break the relationship with me and not renew these notes. I have possible evidence that a substantial amount of money has been collected by M&I and not been applied to towards my principal. All three notes combined have been sold for $1, 250, 000, which is half of what M&I claims we owed them.
I need help in saving my store from being bulldozed without having to file for bankruptcy. I am a senior citizen, it is difficult for me to find a job and of no fault of my own & my family and I could be on the streets. I kindly ask for this matter to be investigated by all the appropriate state and federal government agencies and my trustee sale to be canceled until all investigations have been completed. Before being involved with M&I bank, I never had any trouble paying my bills on time and I always kept my credit score in the 700’s. In all my years of being an honest citizen of this country, I have never been faced with such a serious issue involving a bank.
Regards,
Haresh Mirchandani M & I Bank Contact
2840 N 75th Ave Eric Andres
Phoenix, AZ 85035 1 E Camel Back Road
Cell: 858-204-1206
email:
[email protected] Phoenix, AZ 85012
Tel:602-241-6526
Exhibit A:
Trade Date 12/14/07
Effective Date 12/18/07
Swap Maturities 12/03/12
Total Notional 1, 960, 000
Structure Amortizing (see below)
SS Quality Fuels, LLC pay fixed, Actual/360
SS Quality Fuels, LLC receives variable, 1 Month LIBOR, Actual/360
LIBOR resets two business days prior to the first day in each period
Modified Following Business Day (Reset to next business day, but not into the next month)
Principal Principal
Balance Principal Balance
BOP EOP BOP Reduction EOP
12/18/07 01/01/08 $1, 960, 000.00 $8, 166.66 $1, 951, 833.34
1/1/08 02/01/08 $1, 951, 833.34 $8, 166.66 $1, 943, 666.68
2/1/08 03/01/08 $1, 943, 666.68 $8, 166.66 $1, 935, 500.02
3/1/08 04/01/08 $1, 935, 500.02 $8, 166.66 $1, 927, 333.36
4/1/08 05/01/08 $1, 927, 333.36 $8, 166.66 $1, 919, 166.70
5/1/08 06/01/08 $1, 919, 166.70 $8, 166.66 $1, 911, 000.04
6/1/08 07/01/08 $1, 911, 000.04 $8, 166.66 $1, 902, 833.38
7/1/08 08/01/08 $1, 902, 833.38 $8, 166.66 $1, 894, 666.72
8/1/08 09/01/08 $1, 894, 666.72 $8, 166.66 $1, 886, 500.06
9/1/08 10/01/08 $1, 886, 500.06 $8, 166.66 $1, 878, 333.40
10/1/08 11/01/08 $1, 878, 333.40 $8, 166.66 $1, 870, 166.74
11/1/08 12/01/08 $1, 870, 166.74 $8, 166.66 $1, 862, 000.08
12/1/08 01/01/09 $1, 862, 000.08 $8, 166.66 $1, 853, 833.42
1/1/09 02/01/09 $1, 853, 833.42 $8, 166.66 $1, 845, 666.76
2/1/09 03/01/09 $1, 845, 666.76 $8, 166.66 $1, 837, 500.10
3/1/09 04/01/09 $1, 837, 500.10 $8, 166.66 $1, 829, 333.44
4/1/09 05/01/09 $1, 829, 333.44 $8, 166.66 $1, 821, 166.78
5/1/09 06/01/09 $1, 821, 166.78 $8, 166.66 $1, 813, 000.12
6/1/09 07/01/09 $1, 813, 000.12 $8, 166.66 $1, 804, 833.46
7/1/09 08/01/09 $1, 804, 833.46 $8, 166.66 $1, 796, 666.80
8/1/09 09/01/09 $1, 796, 666.80 $8, 166.66 $1, 788, 500.14
9/1/09 10/01/09 $1, 788, 500.14 $8, 166.66 $1, 780, 333.48
10/1/09 11/01/09 $1, 780, 333.48 $8, 166.66 $1, 772, 166.82
11/1/09 12/01/09 $1, 772, 166.82 $8, 166.66 $1, 764, 000.16
12/1/09 01/01/10 $1, 764, 000.16 $8, 166.66 $1, 755, 833.50
1/1/10 02/01/10 $1, 755, 833.50 $8, 166.66 $1, 747, 666.84
2/1/10 03/01/10 $1, 747, 666.84 $8, 166.66 $1, 739, 500.18
3/1/10 04/01/10 $1, 739, 500.18 $8, 166.66 $1, 731, 333.52
4/1/10 05/01/10 $1, 731, 333.52 $8, 166.66 $1, 723, 166.86
5/1/10 06/01/10 $1, 723, 166.86 $8, 166.66 $1, 715, 000.20
6/1/10 07/01/10 $1, 715, 000.20 $8, 166.66 $1, 706, 833.54
7/1/10 08/01/10 $1, 706, 833.54 $8, 166.66 $1, 698, 666.88
8/1/10 09/01/10 $1, 698, 666.88 $8, 166.66 $1, 690, 500.22
9/1/10 10/01/10 $1, 690, 500.22 $8, 166.66 $1, 682, 333.56
10/1/10 11/01/10 $1, 682, 333.56 $8, 166.66 $1, 674, 166.90
11/1/10 12/01/10 $1, 674, 166.90 $8, 166.66 $1, 666, 000.24
12/1/10 01/01/11 $1, 666, 000.24 $8, 166.66 $1, 657, 833.58
1/1/11 02/01/11 $1, 657, 833.58 $8, 166.66 $1, 649, 666.92
2/1/11 03/01/11 $1, 649, 666.92 $8, 166.66 $1, 641, 500.26
3/1/11 04/01/11 $1, 641, 500.26 $8, 166.66 $1, 633, 333.60
4/1/11 05/01/11 $1, 633, 333.60 $8, 166.66 $1, 625, 166.94
5/1/11 06/01/11 $1, 625, 166.94 $8, 166.66 $1, 617, 000.28
6/1/11 07/01/11 $1, 617, 000.28 $8, 166.66 $1, 608, 833.62
7/1/11 08/01/11 $1, 608, 833.62 $8, 166.66 $1, 600, 666.96
8/1/11 09/01/11 $1, 600, 666.96 $8, 166.66 $1, 592, 500.30
9/1/11 10/01/11 $1, 592, 500.30 $8, 166.66 $1, 584, 333.64
10/1/11 11/01/11 $1, 584, 333.64 $8, 166.66 $1, 576, 166.98
11/1/11 12/01/11 $1, 576, 166.98 $8, 166.66 $1, 568, 000.32
12/1/11 01/01/12 $1, 568, 000.32 $8, 166.66 $1, 559, 833.66
1/1/12 02/01/12 $1, 559, 833.66 $8, 166.66 $1, 551, 667.00
2/1/12 03/01/12 $1, 551, 667.00 $8, 166.66 $1, 543, 500.34
3/1/12 04/01/12 $1, 543, 500.34 $8, 166.66 $1, 535, 333.68
4/1/12 05/01/12 $1, 535, 333.68 $8, 166.66 $1, 527, 167.02
5/1/12 06/01/12 $1, 527, 167.02 $8, 166.66 $1, 519, 000.36
6/1/12 07/01/12 $1, 519, 000.36 $8, 166.66 $1, 510, 833.70
7/1/12 08/01/12 $1, 510, 833.70 $8, 166.66 $1, 502, 667.04
8/1/12 09/01/12 $1, 502, 667.04 $8, 166.66 $1, 494, 500.38
9/1/12 10/01/12 $1, 494, 500.38 $8, 166.66 $1, 486, 333.72
10/1/12 11/01/12 $1, 486, 333.72 $8, 166.66 $1, 478, 167.06
11/1/12 12/03/12 $1, 478, 167.06 $8, 166.66 $1, 470, 000.40
Exhibit B)
from
[email protected]
to Haresh Mirchandani <
[email protected]>
cc
[email protected]
date Wed, Feb 18, 2009 at 5:04 PM
subject SS Quality Fuels
mailed-by micorp.com
hide details 2/18/09
Haresh & Indra,
An update on all of the items we are working on for you. First, it appears the Promissory Note that was set up when the loan was originated in December 2007 was set up as principal and interest instead of principal plus interest that is needed for the swap. It appears this caused an overpayment of interest but also it caused an underpayment in principal reduction and I do not know what the difference will be until they are corrected and re-applied. We are in the process of having a new Promissory Note completed that goes back to December 2007 and then we will back out each of the payments you have made and re-apply them under the revised Note. We should have the revised Promissory Note ready next week and then our loan servicing area will work on the payments to be re-applied. This is the only was we can go back to the beginning and complete everything as it should been in the first place.
The service charges flags are off the accounts and we have closed out all but 2132 and 9151. We are reviewing the service charges that were assessed and why they were assessed to determine what can be done to refund some of these charges. Payspot continues to try to debit your account ending 9151. I would suggest making the remainder of the January's loan payment understanding that it will be backed out and re-applied along with the other payments based on the revised Promissory Note. It appears the swap was set up correctly so the $12, 000 overdraft in 9151 is a legitimate debit and should be paid.
Let me know if you have any questions on this and I will keep you posted when the revised Note is ready for your signature.
Jim Laine
M & I Bank
Vice President / Business Banking
160 N. McQueen Road
Gilbert, AZ 85233
(480) 558-6382 Phone
(480) 330-7816 Cell
(480) 558-6388 Fax
