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Headlines--- Pictures
from the Past--May, 1993-Golf Champions Closest
to the Hole 1993---Phil Dushey 2003 Boeing
Lease $30 Million Profit Per Plane? Hey,
DVI, Where is the $50 Million? ELA
to Promote SBA Despite Covenants Weekly
Bulletin Board Complaint Report---Five Attorneys
Who Specialize in Leasing TCF Prepays
$804 Million Fixed-Rate Borrowings Comdisco
To Sell U.S. Info Lease Biz to Bay4 Cap This
Border ##### Denotes Press Release (Not Written By Leasing News) ------------------------------------------------------------------------------------------
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Leasing
Industry Help Wanted
-------------------------------------------------------------------- Pictures
from the Past----May, 1993—Golf Champions http://two.leasingnews.org/imanges_uael_wael/champions.jpg Golf
Champions: Western Association of Equipment Leasing Spring Conference
Palm Springs, California First Place Team: Ron Mitchell, account executive,
ITT Capital Finance, Pleasanton, CA (far left) Kelly Hutchison, National
account manager, Lease Pro, Marietta GA (front row, left) and Kevin
Libert, VP, ITT Capital Finance ( standing with visor;) Second place
went to Kelly Long, regional marketing manager, First Concord Acceptance,
Corp., Denver, CO ( back row, third from left) and to Kelly's right,
Jim Lahti, president, Affiliated Corporate Services, Inc. Dallas, TX.,
John Torbenson, president BJ Leasing, Inc., Bellevue, WA (bottom, right).
Closest
to the hole: Phil Dushey, EVP,
Global Leasing Services, New York, New York (standing, far right). Longest
Drive: Doug Hatch, AVP, Bank of the West Walnut Creek, CA. (center,
holding plaque). --------------------------------------------------------------------------------------------------- Closest
to the Hole 1993---Phil Dushey 2003 “
I have been in the finance business for about 25 years. I have been
a member of most of the leasing organizations EAEL,UAEL,NAELB,ELA. *
and have served on many committees in these organizations. “Currently
I am most active in NAELB and serve on various committees. I am also
on the advisory board of the Leasing News. I also work as a consultant
to many companies in advising them on financial strategies to acquire
new companies and expand their businesses.
http://two.leasingnews.org/imanges_uael_wael/Dushey,Phil.jpg “My
company has been in business for over 20 years. When I originally entered
the business I only did equipment
leasing like so many other brokers at that time . The problem with the
equipment leasing business is that it has to many peaks and valleys. “
About 15 years ago I came very close to going out of business because
it was one of those years like we have been experiencing lately. I could
not pay my bills and was starting to
let people go. I also used to get on a routine basis all kinds of transactions
other than leasing and I would turn them all down because I was only
in the ‘Equipment Leasing Business’
. One day I received a transaction from a west
coast company that told me that their bank had told them within two
weeks the would stop funding on their $2,000,000
line of credit. As I was about to trash the transaction I Said
"Why am I doing this " and
to make a long story short I did the transaction and made a $50,000
fee. From that time I decided I was not only in the equipment leasing
business but a full service financial company . Today Global is very
successful and we work with many people in the various leasing organizations
in getting their non leasing transaction done. Over
the last year or so we have been deluged with people wanting to enter
the finance business but most of them did not have any experience and
their was no credible company
out there to train them to be a full service finance company.
We then decided that we would develop a program to teach people
how to enter the lucrative field of
finance and be able to make an excellent income in their first year
of business. The
people who partake in our program receive a vigorous three day training
in our New York offices and we supply them with everything they need
to be in business from a custom interactive web site down to their business
cards. They will also be on-line with many different direct lenders
in all fields of finance so they can truly be a full service finance company.
Probably
the important, but intangible thing they get is our on going support
for as long as they need it. The price for the program is $14,995 but
is going up in September to $19,950. Please visit our website www.globalbrokersystems.com
for complete details or call Phil Dushey 212-480-4900 . Global
Financial Services 17
State Street New
York NY 10004 Email
phil@globaleasing.com Phone
212-480-4900 Philip
Dushey * http://www.leasingnews.org/associations.htm ---------------------------------------------------------------------------------------------- Faster
Leasing News Web Site The
Classified Ads server has been both up-dated and moved to a
different ISP to speed up the process of the pages opening much faster
at www.leasingnews.org In
addition, we have temporarily eliminated the “Kit Menkin Live” feature
from the front page. It was also connected to the old “classified” server,
and in reviewing its usage, it really slows down the opening of
the web site. We
may feature it will a link, as we did with the anti-virus page, or eliminate
it all together. In reality,
for the last six month’s it was only
used twice; and not by regular readers, by people who had a
question about CMC Commercial leasing and their lease with the
company. As
a side note, we get many e-mails from lessees with
questions about their lease payments to Firerock Capital, United
Capital, Datronics, and others who’s portfolio is being serviced not
by the original company. The
generally are about obtaining title,
or getting a lien released, and sometimes about “over payment,” or
an assignment of the lease. We
are also looking at other means to speed up the opening of the
web site page. It was always
our intention to keep the page simple,
black and white, no frills, so it would open “fast.” ---------------------------------------------------------------------------------- Boeing
Lease $30 Million Profit Per Plane? Senator
John McCain, R-Arizona, said ``... this is a bad deal for American taxpayers.'' McCain
contends the deal is a sweetheart deal for Chicago-based Boeing, which
has been hurt by plunging commercial aircraft sales. McCain is a senior
member of the Senate Armed Services Committee, which has scheduled a
hearing right after
Labor Day on September 4th on the Boeing lease transaction. The
House Armed Services Committee and the House and Senate appropriations
committees have already approved the leasing plan. Congressional
investigators raised questions about the leasing deal last month, saying
the Air Force had underestimated the cost of buying the planes after
the proposed six-year lease. The
report by the General Accounting Office said the true cost of the deal
is difficult to determine because of its complexity and a variety of
assumptions used. Taxpayers
for Common Sense, a Washington-based watchdog group, said the report
showed the folly of the leasing deal. ``No
fiscally responsible person would enter a deal that would end up costing
far more to lease than to buy,'' said Keith Ashdown, vice president
of the group. ``It seems the Air Force is more concerned with Boeing's
profits than the taxpayers' pocket book.'' According
to the Congressional Budget Office the plan to lease 100 Boeing refueling
tanker planes could cost as much as $5.7 billion more than buying them
outright, the Congressional Budget Office said Tuesday. The
Congressional Budget Office reports the lease for the air force of specially
outfitted 767 jets for six years, with an option to buy after that,
would cost at least $21.5 billion, compared with $15.9 billion for a
direct purchase." Normally
leasing has more advantage. The
report states, on the average, the Air Force would spend $161 million
per plane to lease and then buy the aircraft, compared to $131 million
per plane through an outright purchase, the report said. In
a report to Congress last month, the Air Force calculated that leasing
the 100 re-fuelers would cost $17.2 billion, compared with $17.1 billion
to buy the planes outright. If
the option to buy is exercised, as expected, the total cost for the
deal would rise to more then $21 billion, the Air Force said. The
Air Force has acknowledged that the leasing deal - which is subject
to approval by Congress - is more expensive, but it says leasing would
speed replacement of aging air tankers and keep money available in the
short run to buy other military equipment. In
a statement late Tuesday, the Air Force said that basically Senator
McCain did not
have all the facts as the report was incomplete. ``While
the report addresses cost issues, it fails to recognize the critical
and significant operational and maintenance advantages gained by obtaining
a more capable aircraft five years earlier than by purchasing,'' the
Air Force said. Congressional
investigators raised questions about the leasing deal last month, saying
the Air Force had underestimated the cost of buying the planes after
the proposed six-year lease. The
report by the General Accounting Office said the true cost of the deal
is difficult to determine because of its complexity and a variety of
assumptions used. The
New York Times reports, “Typically, the Pentagon buys equipment outright,
putting the annual program costs in the federal budget. Leasing arrangements
for military equipment, like the proposed Boeing-Air Force deal, are
practically nonexistent. In addition, the General Accounting Office,
an investigative arm of Congress, has taken issue with the deal, arguing
that the current fleet of KC-135 aerial tankers can be updated at a
cost far lower than acquiring a new fleet, regardless of whether the
planes are leased or bought” ------------------------------------------------------------------------------------------ Hey,
DVI, Where is the $50 Million? DVI
Files Chapter 11, Announces Resignation, Names New CEO August
5th, Leasing News questioned DVI ability not to make its interest
payment, and according to insiders, would be filing bankruptcy. http://www.leasingnews.org/archives/August_%202003/8-05-03.htm#dvi The
company allegedly tried to sell its portfolio, but was turned down,
and due
to the “talk” of “accounting irregularities” and “possible bankruptcy,”
the company in whole, or in part, was not a very attractive
catch, Leasing News was further told. DVI,
Inc. yesterday announced that it and two of its U.S. subsidiaries, DVI
Financial Services and DVI Business Credit, have filed voluntary petitions
for relief under Chapter 11 of the United States Bankruptcy Code with
the U.S. Bankruptcy
Court in the District of Delaware. DVI elected to file for reorganization
“...as a result of significant financial difficulties stemming from
an unsuccessful diversification strategy, unsuccessful integration of business
units, decreased profitability, concerns regarding near-term liquidity
requirements and the recent discovery of possible accounting irregularities.
“ The
Company also announced that a special committee of independent directors
has been formed to investigate the possible “accounting irregularities.” Leasing News
is told by an informed source the dollar discrepancy could be anywhere
from $50 to $75 million dollars. There
reportedly could be
other discrepancies. DVI
has retained Latham & Watkins as legal counsel and has appointed
AlixPartners as crisis managers. AlixPartners is an internationally
recognized firm with expertise in crisis management and turning around
troubled companies, and
that certainly describes the once very healthy medical industry company. “Our
immediate goal is to stabilize the Company's financial situation and
utilize the Chapter 11 process to enable us to operate the business
as we work to sell the Company's assets," said Mark Toney, a principal
at AlixPartners, who was named “acting”
CEO.. "We strongly believe that DVI's considerable asset portfolio
will be attractive to the market, and we have already had initial discussions
with a number of parties that have expressed interest in the Company."
The
Company said it is continuing to work toward obtaining Debtor-in-Possession
financing, as well as generate cash from within the Company in order
to sustain operations while trying to sell its assets. _____________________________________________________________ ELA
to Promote SBA Despite Covenants Knowing that small businesses are a key leasing
market--a 2002 poll of SBA state contest winners showed that 73% lease
equipment—the Equipment Leasing Association has developed a wide range
of ongoing communications and outreach initiatives, according to their
most recent press release.. Most
of the SBA loan agreements have covenants about “leasing” or obtaining
additional loans or financing. It
is interesting that a poll of “contest winners”
would show so many leasing equipment, perhaps before the SBA loan
was granted, or with SBA “permission.”
Most SBA loan agreements file
a blanket lien on all equipment, assets, and often personal assets,
when the
company is privately owned, for both existing and acquired assets, including finance leases. The
press release states, “ ELA has recently been selected as an SBA Trade
Association Partner, and its participation in this newly-developed program
will give ELA opportunities for greater access to small businesses.
ELA will participate in quarterly luncheon meetings and contribute to
the development of policies and programming between SBA small business
clients and trade association partners. As an SBA partner, ELA was named
an Honorary Co-chair of the SBA National Entrepreneurial Conference
& Expo (NECE), and SBA has posted a Web link to ELA’s Web site in
recognition of its co-chair designation. NECE will take place September
17-19, 2003 in Washington, D.C. For ELA members interested in attending
this annual SBA event, visit www.sba.gov/50 for exhibitor, sponsorship
and registration information. “ELA
is sponsoring a full-page advertisement in SBA’s annual magazine, Small
Business Success. The magazine
has a publication of over 250,000 copies and is distributed to SBA offices
in all 50 states; at trade shows and exhibitions, including NECE; and
at state Small Business Development Centers (SBDCs) and at SBA resource
partner, SCORE, offices throughout the year, ensuring a long shelf-life.
“ELA
is also working closely with SBA business information and resource managers
to provide leasing information and content for SBA’s Web site and for
print materials to be distributed throughout the country at SBDCs. ELA
is promoting the posting of www.LeaseAssistant.org on SBDC Web sites
nationwide and to date has Web links on SBDC sites in ten states and
on SCORE’s Web site. Speaking opportunities, seminars and other opportunities
between ELA and SBA are also being developed. “The
partnership between ELA and SBA offers the opportunity to serve the
equipment financing needs of small businesses throughout the U.S., a
critical aspect of their success, while benefiting ELA’s members. ELA
and SBA’s mutual goals to assist small businesses form the basis for
what promises to be a cooperative, long-term relationship.” ------------------------------------------------------------------------------------------- Weekly
Bulletin Board Complaint Report---Five Christopher Menkin, editor SC
Superbroker SC Superbroker, Southern California Town, California These three or four complaints ( one is really an
“alert” ) are listed chronologically
as received by Leasing News. Much
time was spent in talking to all the parties involved; many telephone
calls, e-mail, re-verification, in an attempt to be both “accurate and
fair.” After
review with our legal counsel, Ken Greene, we determined not to use names
at this time, and as you read, you may understand our position on this. Mr.
Greene told us he was prepared to defend whatever we printed, as we
were presented
facts to the best of our knowledge, but we would rather “err” on the
side of keeping a company in business, especially when we feel we have
“reasonable doubt.” The first comes from Applicant 1 at *******. June
18,2003 “After
doing some research for help I had come across Leasing News. “Our
request for equipment funding had been placed with SC Superbroker through
another company. We had signed
a proposal with SC Superbroker and sent in an advance payment of $2,230.00
to SC Superbroker. “We
had additional requests from SC Superbroker for financial docs. We had sent those to them. Over time SC Superbroker
did not finalize any lease so we were able to obtain financing from
our bank. After this SC Superbroker
called said the lease was finalized, I told them we had it done through
our bank. We never received or
signed any loan/lease docs. “We
feel we should received a refund for the advance payment. “SC
Superbroker is not returning our phone calls or taking our phone calls
and as
of yesterday the receptionist said they could not locate dour file. “I
have been dealing with ********(sic) and Superbroker Ops Person. “This
has been going on for several months...” He
said he was dealing with Broker 1, *********, who
brought him to SC Superbroker. And the last he had heard from
Mr. Broker 1, he was approved at a different rate with three
payments up front. Leasing
News contacted Broker 1, Broker
1 Leasing, State, who confirmed
the story and was told three times by Superbroker Ops Person at SC
Superbroker, that the money would be returned.
Superbroker Ops Person was
listed in the SC Superbroker Voice Mail Box listing, and it referred us
to another telephone number. Superbroker Ops Person said he no longer
worked for
SC Superbroker and *******( the
owner) had promised he
would return the deposit to Applicant 1 when he was associated with
SC Superbroker.. Mr.
*******said it was not true, Superbroker Ops Person did not work there,
even though
his name was on the voice mail box directory, that he had
done that as a favor to Superbroker Ops Person to list his telephone
number. He
said he never told anyone he would send the money back as he had signed a “proposal” letter, and had approved
the lease. Applicant 1 said he had never received any lease
papers form SC Superbroker, and referred me to the original vendor. The vendor said he had had many conversations
with SC Superbroker, but they never produced a lease contract, and
were also talking about changing the terms and conditions. During
the course of the conversation, I believe he said that Applicant 1 had
gone elsewhere for the equipment. *******said
he would never deal with the broker again, and had raised his
minimum acceptance to $50,000, as he did not want to deal in the small
ticket market due to all the time his company spent on this transaction
for *******. He was adamant that
since the applicant had
backed out of an approval as per the proposal was not entitled to
the return of the money. We
asked *******for a comment, and he responded by e-mail: “There
are numerous lies and mistakes in the fore mention article. Kit remember
I have all the paper work for this and you will be held liable.” ******* While
it appeared there were three others who said they were aware of a
lease, according to the proposal, not being approved, this basically becomes
a “he said, “ “they said,” and in the many talks with the broker, vendor,
and other leasing company, it sounded suspicious, or that there was
more to the story that was not being told. The applicant was furious. In reality, if it were not for the next two
complaints against the
same “super broker,” we would not have spent so much time trying to
prove the complaint’s argument. We
would like to follow the American
Way, “ a person is innocent until proven guilty.” July
29, we received the following: VENDORS
& BROKERS BEWARE. A CA. COMPANY CALLED SC SUPERBROKER CORP.TEL;***********
BASED IN**************** IS TAKING UPFRONT PAYMENTS FROM UNSUSPECTING
CUSTOMERS FOR LOANS OR LEASE'S THEY WILL NOT FUND.WE KNOW OF TWO CASES.
THEY KEPT THE UP FRONT PAYMENTS AND REFUSED TO REFUND OR RETURN PHONE
CALLS. APPLICANT
2*********** APPLICANT
3 ********** . I
HAVE THEIR PERMISSION TO USE THEIR NAMES. IF
THROUGH YOUR PUBLICATION YOU CAN HELP,IT WOULD BE GREATLY APPRECIATED THANK
YOU,BROKER 2 Phone
= ***** Fax = ******* *****@******** THANK
YOU FOR CALLING.I AM A BROKER WITH ******** IN ******. I REFERRED BOTH
DEALS TO SC SUPERBROKER ON THE PROMISED UNDERSTANDING THEY WOULD BE
GIVEN A FAIR RATE OR THEIR MONEY WOULD BE RETURNED.IN BOTH CASES THEY
WERE PRESENTED WITH FAR HIGHER RATES THAN ORIGINALLY QUOTED.THEY ALSO
PROMISED MR. APPLICANT 2A REFUND FOR THE PAST MANY MONTHS. YOU
CAN CONFIRM MY STORY WITH THE CUSTOMERS. *******
WITH ***** BROKERAGE IN ****** WHO EVENTUALLY FUNDED MR APPLICANT 2WILL
ALSO CONFIRM. HE TRIED TO INTERVENE TO GET MR. APPLICANT 2HIS MONEY
WITHOUT SUCCESS.TEL********* AGAIN
THANK YOU FOR YOUR INTEREST IN TRYING TO GET SOME FAIRNESS FOR SOME
HONEST HARD WORKING PEOPLE WHO HAVE BEEN TAKEN ADVANTAGE OF. BROKER
2 Applicant
2 provided by fax a copy of the
“proposal” dated January 15,2003 and later a copy of a check for $2,558. He said he had lost a hauling contract due to
all the
time involved, had actually visited SC Superbroker’s office as he was
also located
in California, and was promised on several occasions by people in the
SC Superbroker office his money would be returned. He said he keep calling,
but they would not return his telephone calls. On
the Applicant 2 Applicant 2complaint, the proposal had a 60 month lease factor of .0256634 and a penciled note
of a 48 month payment with a lease factor of .0396446 ( if the truck
cost remained the same.) It was not initialed. *******said
he approved the lease, but Broker 2 took the lease elsewhere, and
referred to a paragraph in his proposal: “If
SC SUPERBROKER does not approve this application, the deposit will be
refunded interest, less the cost of the credit verification, documentation,
appraisal costs, legal and underwriting fees, and all out of pocket
expenses that occur in the process of approving the applicant, etc. The applicant hereby authorizes SC SUPERBROKER to expend these funds
in the approval process.” In
a telephone conversation, *******threated to sue Leasing News if we
printed this
complaint. We spoke to Mr. Applicant
2 again, then sent an e-mail to ******: “I
will recommend to the other to bring the issue to small claims court, then
when he files it will all be public information as it appears you will
not refund
his deposit either.” “I
don't understand what your saying here. Applicant 2’s check is already on
the way to him.” August
5th Mr. Applicant 2received a check for $2,000, not his $2,558
deposit. We
assumed SC Superbroker kept $558 as per their paragraph about credit,
documentation, and other costs. Mr. Applicant 2said he did not agreed
to that, had lost a hauling contract, had called many times for eight
months, and
was still angry in the length of time and response and wanted Leasing
News to
post the complaint. Leasing
News spoke to Broker 2 about the length of time between the
Applicant 2lease and the next complaint, and he said during this time he
had funded other leases with SC Superbroker, that ******** and
Superbroker Ops Person had said they would return Applicant 2’s check,
and that
Mr. Applicant 2actually visited the SC Superbroker office and was
told he would get his check back ( He said, the entire $2,558, as
that was what the dollar amount on the check.) We
felt the super broker made a gesture by returning a good portion of the
money, and there was nothing in the contract regarding a time limit. Applicant
2 had the truck, and at a lower cost than the Super Broker had originally
offered, and under the advisement
of Ken Greene, we’ll leave
it at that for the time being. The
third complaint is from Applicant 3 of ***** LCC, *******, On
the Gulf of Mexico in the United States. for six barges dated June 21,2003. It concerns a $1,000 deposit. During the course of the many conversations
and e-mail, Leasing News suggested to settle the matter for $500, but
***** refused, again referring to the paragraph in
his proposal. The
proposal was for six barges at a total dollar amount of $115,800 with a
ten percent ( $11,580) purchase option at a .0221588 lease factor for
sixty months. SC Superbroker
presented to Applicant 3 a lease from The Funder in ********, California
for three barges at $50,000+ with a 60 month lease factor of $025560 and
purchase option “Market Value” (est. market value $40,000 + for 3 barges.” E-mail
from *****: “He
Agreed to the new rates... the terms aren't in question. He called us
to get those rates and have another set of documents prepared. And we did...
the last time I spoke to Broker 2 he said he understood and agreed
with our decision due to the fact that we reopened and did this deal
4 times for the client and that the client agreed with the new terms. The new docs were for the FULL AMOUNT REQUESTED.
Please get copy
of last set of docs from client. As
for the rate increase, the client
stated that he agreed to new terms and only issue was to get the 6
barges done... WE DID IT!!! WE were the only one to issue an approval to
him. NO ONE ELSE wanted to help
him. Do you have any idea how many hours
we've invested into this transaction. WE opened and closed it 4 times
and doc'd it at least twice. After the last time he asked us to make
doc's, we asked him if he was sure he wanted to go through with the deal
and he stated everything was fine. He NEVER returned the doc's and that's
why the deal never got finished. We've
done everything we said we
would do and MORE!!!!” From
Mr. Applicant 3: “Broker
2 was the broker. “I
did not sign the lease with The Funder because it was not what I agreed
to on the SC Superbroker agreement.
The Agreement I agreed to was for
6 barges with the total cost per barge being $27,590. The Funder lease
was only for three barges with the total price per barge being $43,653.40.
I am not going to pay $43,653. per barge. “I
did not wait all this time to make a complaint. I have been complaining
to Broker
2 since Sept. of 2002. I made numerous attempts to get my deposit back
from Broker 2 and SC Superbroker . They both promised me my money several
times over the last year. SC Superbroker
told me my check was in the
mail 3 times. SC Superbroker deliberately
tried to sneak a contract by me
that I did not agree to hoping I would not notice. I'm sure you've heard of
bait and switch. That’s all they are doing.” *******again
said he spent a lot of time on this, and to the offer of
a settlement of $500, he said “no way.” Applicant
3 did confirm: “They
did make other verbal offers to me. I declined them all cause none came
even
close to the original. The only thing I agreed to was the document I
sent
to you that I signed. The only contract I even saw was the The Funder contract
I sent to you that I did not sign or agree to. As
far as his comment about No One Else wanted to help me....I told them
from
the start I was not in desperate need for this lease and terms was a
major
factor. I have owned these barges since they were built. I also own
the
company who built them. They are worth $26,000 each. They only cost
me $19,300
each. Why would I agree to pay $40,000 each? Feel free to check my credit
and you will see I don't need any help from SC Superbroker . I own four
different companies and make a good living (without having to rip people
off).” ******’s
reaction: “If
this is true he lied to us and would of committed fraud. He NEVER told
us he owned the company that manufactured the barges. He said be purchased
them from a 3rd party. There's
nothing to settle. We haven't heard from Mr. Applicant 3 is over a year. He's never even asked for his money back. We
told him the last time
we did doc's that there's no refund for him. This has been perpetrated
by Broker 2. He's using you to
try to cause us trouble. We
no longer accept his business. He
obviously knew that Mr. Applicant 3 was the
manufacture of the equipment and tried to deceive everyone. “ From
Broker 2: “Sounds
like *******will not or can not pay these folks
back. Applicant 3 is right, both of us were promised on
numerous occasions as was Mr. Applicant 2the "the check was
in the mail". My fear is
there are others out there.
“We
told Superbroker Ops Person from the outset the barges were manufactured
by Mr. Applicant 3's other company. He then requested
and received taxes from that Corporation. Mr.
Applicant 2is a sad case in that we were all misled up until
the end. Because of the ongoing delays, he lost his
haul contract for the new trailer but has since found
new work for it.” Leasing
News again tried for a settlement of $500.
Mr. SC
Superbroker said “no” again. “You
are so wrong!!! All other proposals I've seen from other finance companies
that outline (as you call it) have the credit process fees range
from $1,750- $2,500. I only have
$1,000 and I've approved the deal
and have doc'd it twice. I've
showed you all the reasons why were right
but you won't listen to them. He
signed the proposal saying we can
change the terms. He signed the proposal saying he will pay for underwriting
cost and time. He signed the
proposal saying that ALL deposit
become the property of SC SUPERBROKER once an approval is given either
Verbally or in Written!!!! What else do you need.
You should run this past
your superiors before printing this” Since
The Funder was involved, we contacted The Funder of
the company, who said he was quite aware of
Applicant 3, and
requested we wait to see if he could make a settlement with SC Superbroker SC
Superbroker on another matter, and if he could not, would give us a
statement to
utilize as an “alert” on Leasing News. In
the meantime, we advised Broker 2 to join the National Association of
Equipment Leasing Brokers for the “fellowship, education, and for funder
comfort level.” August
13, he responded: “I am new member. Thanks for the push.” It
is most likely the case that the Super Broker spent more than $1,000
in cost and
time on this; the lessee is quite wealthy; he also was the manufacturer of
the equipment and whether explained or not in the deal, he was quite well
off, and to pursue the matter of $1,000, especially to be sued over this,
Ken Greene said was not a good business decision on our part. At
first, the Funder wanted to make a comment, but after reviewing the
matter with
its leasing counsel: “We
wrote our piece with the intention of protecting our reputation and
clearing our name rather than going on the offensive... We agree with
you and Ken Greene that there is a significant amount of hearsay in
these stories.” The
Funder’s “alert” with names removed:: “
(We) booked a lease from SC Superbroker in ***** of last year and the
lessee became very upset that SC Superbroker wouldn’t return a separate
commitment fee for an additional financing request that didn’t get done
(this second transaction was not reviewed by us.). “After
a lot of discussion we acted in good faith and took the unusual step
of fronting the refund of this $10k plus commitment fee to the lessee
ourselves. We did this to keep a good relationship with the lessee.
“We have yet to be repaid in full from SC Superbroker.
We have heard from several sources that SC Superbroker is using The
Funder credit policy changes as an excuse for not returning commitment
fees, these claims are entirely untrue.
To have someone say bad things about us when we have gone the
extra mile to correct bad a situation with a lessee is completely unacceptable
to us. The SC superbroker should not point to us
if they are withholding money that an applicant rightly deserves.” Coda: Here were three complaints and an “alert.”
If Leasing News receives more
complaints about “Advance Rentals” being held by this company, we may
inform readers about the name of the SC superbroker and his company
as it will show a pattern. In
the meantime, we wish the company the best and hope it walks the narrow
path. Fourth
Complaint: “These
guys marketed us hard to do our turn downs.
It appears that they were using a NAELB (National Association
of Equipment Leasing Broker) list. “They
received commitment Fees on three of my lessee and promised to send
out docs and after two weeks, nothing. They rarely answer the phone
or talk to your now. They
say they are sending the docs, but that was over two weeks ago.” (
Name With Held ) Leasing
News has not received any complaints about this company at this time. In
their “Lease Proposal” letter it states, “Should the proposed Lessee
not honor any approval, with terms listed on commitment with 60 days
of the date of the approval then the Proposal Deposit becomes non refundable
and goes to the account of ************* or its assignee as liquidated
damages.” Since
the document was accepted on July 27, 2003, the company has until September
29th, Monday, as the paragraph continues, “ Should our credit
department decline the proposal,
the entire amount of the Commitment Deposit should be refunded to the
Lessee with 72 hours.” This
goes back to the NAELB “philosophy”
of asking the Bonanno Question: “Is
the funder/super broker a member of NAELB?”
The gist being if they are
not, you are basically on your own. Ironically,
the present NAELB legal counsel Barry S. Marks covers this exact subject
of commitment letters and time period in his book: “Power
Tools for Successful Leasing” The
acclaimed book adopted for Equipment Leasing Association workshops,
and on the recommended reading list for CLP and CAUCUS certification
programs, as well as Leasing News book recommendation. Technology
Leasing: Power Tools for Lessees--(c) 2002, the unique lessee focused
book on the recommended reading list for CAUCUS certification. Both
titles are available through year-end at the reduced price of $59.95
each, with shipping and handling waived. Orders
may be placed by phone (815.753.1116), secure fax (630.365.5602) or
email (phdleasing@fastmail.fm) In
addition, over 70 leasing web sites and a dozen leasing articles are
available for complimentary download at www.leasingpress.com
James
M. Johnson, Ph.D. Barry
S. Marks, Esq. This
perhaps would have saved the broker a lot of time, his customer, his
vendor, his
frustration, and for $59.95 ( ask them to waive the shipping and handling and
I bet they will, especially for an NAELB member ,) this is money very well
spent. The book is not only for
the sales department, but is recommended reading
for all those employed in the leasing industry. Attorneys
Who Specialize in Leasing California
- statewide: CA "ELA" 5-attorney
creditors rights law firm, in biz 25 yrs +, specialize all aspects of
creditor representation. Primarily represent equipment lessors &
funders,plus collection and creditor rep. in bankruptcy. Email:phemar@hemar.com California
- statewide: Encino, CA. "ELA" 24
Attorney AV-rated Lawfirm representing the Leasing Industry for over
25 Years. We specialize in Lease-enforcement, collection and representation
in Bankruptcy Court. email:sjenkins@hemar-rousso.com Connecticut,
Southern New England: Los
Angeles -statewide: CA "ELA
" Practice
limited to collections, bankruptcy and problem accounts resolution.
Decades of experience. 10-lawyer firm dedicated to serving you. Call
Ronald Cohn, Esq. (818)591-2121 or email. Email: rrcohn@aol.com Los
Angeles, Statewide: CA. "ELA"
NY
Metro and National: Hackensack, NY Attorney
specializing in equipment lease matters for at least 10 years with a
50-State operating network of attorneys experienced in leasing matters.
Email:wuscher@uqur.com
"ELA" National:
http://www.leaselawyer.com/ Full
staff of attorneys and legal assistants work with Group Leader Barry
S. Marks to ensure prompt, cost-effective responses to client needs:
Email:bsm@blik.com National:
Coston & Lichtman: Business attorneys serving the lease-finance
industry since 1980. Transactional, documentation, corporate; workouts,
litigation, bankruptcy. Chicago & Florida offices. Jim Coston, CLP
(Members: ELA/UAEL/MAEL) email:
Jcoston@costonlaw.com Northern
California - Statewide: CA "EAEL" "ELA" San
Francisco expertise at San Rafael,CA prices; practice limited to equipment
leasing and finance with 22 years experience, testimonials. Ken Greene,
Esq. 415-721-7900 kgreene100@aol.com These are “free” ads to attorneys who belong
to an equipment leasing association,
and therefore indicate their “specialty.”
Please go to: http://64.125.68.90/LeasingNews/PostingFormAttorney.htm ------------------------------------------------------------------------------------------
####
Press Release #################################### TCF
Prepays $804 Million of Fixed-Rate Borrowings TCF
Financial Corporation (NYSE: TCB) announced that it has prepaid $804
million of fixed-rate borrowings. These borrowings had an average interest
rate of 5.70% and an average remaining maturity of 13 months and are
being replaced with lower-cost borrowings with terms of 6 to 18 months.
The
total cost of prepaying the borrowings was $37.8 million ($24.6 million
after-tax) and will reduce third quarter 2003 diluted earnings per share
by approximately 35 cents. TCF management anticipates these prepayment
costs will be substantially offset by reduced future interest expense
on the new borrowings. "Prepaying
this high-rate debt makes sense given the current low interest rate
environment," said William A. Cooper, Chairman and CEO. "We
are now much better positioned for future growth in net interest income." TCF
is a Wayzata, Minnesota-based national financial holding company with
$11.8 billion in assets. TCF has more than 390 banking offices in Minnesota,
Illinois, Michigan, Wisconsin, Colorado and Indiana. Other TCF affiliates
provide leasing and equipment finance, mortgage banking, brokerage,
and investments and insurance sales. CONTACT:
Jason Korstange, (952)
745-2755, or Patricia
L. Quaal, (952)
745-2758, both
of TCF Financial Corporation
####
Press Release #################################### |