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Holiday Editions
Headlines---
CLARIFICATION
--VGM Leasing of Waterloo,Iowa in Business
The Origination of the Leasing News "The List"
NetBank Reaches Its 100,000th Active Account
Leasing News Blows the Whistle on "The Funding Tree"
--------------------------------------------------------------------------------------------
CLARIFICATION---June 7,2000 List VGM Leasing of Waterloo, Iowa in Business
(The List printed yesterday was an old list, meaning since those days, we better identify the companies, as this was not VGM Leasing or VGM Group, but stated as VGM with
no city or state. Please note the list was dated June 7,2000... but for the sake of clarification, we will print your letter, and the letter from your president, as we certainly wish you and all the employees of VGM Leasing of Waterloo, Iowa a very Merry Christmas and Happy New Year.editor)
-----------------
Gentlemen:
“You have again published an incorrect and damaging item regarding VGM Leasing of Waterloo, Iowa.
“Your electronic newsletter, which was just brought to our attention by a customer, lists VGM Financial as "Out of Business". It is not out of business and wasn't out of business and wasn't out of business when you made the same statement in the past.
“This is getting to be more than just a simple mistake and we are considering our legal options.
“Please publish a correction immediately. VGM Leasing Inc (dba VGM Financial Services) is very much IN BUSINESS and is doing very well. It has grown in both gross lease volume and profitability over the last few years and expects to continue that course. The 50 or so employee's here in Waterloo don't appreciate hearing from customers, funding sources and other business associates that we are "out of business" every Christmas.
“Thank you for your immediate attention to this matter. Whether or not we elect to pursue any other legal options will depend in part on your handling of the correction.
“Very truly yours, “
James E. Walsh Jr.
General Counsel, VGM Group
---
“Kit, we went through this a few years ago, but VGM Financial Services is
alive and well in Waterloo, Ia.
“Please feel free to visit our web site at vgm.com to learn more about all the VGM companies.
“We just celebrated our 12th year in business and are strong and growing.”
Jim Phillips
President
jim.phillips@vgm.com
VGM Financial Services
319-274-6642
(Sorry, I am getting old, and forgot in these old lists, we were not
identifying cities and states and ran into similar name conflicts.
The VGM identification was corrected in the new format---
(I apologize. I would like to make up for this by running a story
on your company, anything you want to write or plug, and it would
be our pleasure to run it the first of the year. No length requirements
and if you have pictures, we would like to print them. As you state,
VGM Financial Services is in its 12th year and going stronger than
ever with quite a following. editor)
The Origination of the Leasing News “The List”
by Kit Menkin
First, let me thank those of you who are responding, signing your name to the e-mail,
about what you think Leasing News should be writing about, whether to continue our
cartoons, bulletin board complaints, “Will it Sink or Will it Float,” “Pictures from the
Past,” Books, and our somewhat famous “The List.”
I very much appreciate your taking the time to tell us what you would like us
to report about or features that we have in our newsletter.
Please keep the comments coming to: kitmenkin@leasingnews.org
The original list was put together at the request of Jerry Bishop of First Federal Leasing, who had heard of a list floating around, and wanted it for an important meeting with his bank board on the future of their leasing program. I found it, revised it, and have been tweaking it ever since.
Here it is June 20, 2000 in alphabetical order.
33 Leasing Companies Major Changes in the last Six Months:
American Business Leasing ( gone )
Bankvest (bankrupt)
Bombadier ( reported having problems, not confirmed )
C&W Leasing ( bankrupt )
Charter Financial ( purchased by Wells Fargo )
Commerce Security ( closed )
Copelco ( sold to Citibank )
Dana ( sold off, active as captive )
DVI Capital ( out of broker business)
Fidelity ( acquired by ABN Amro Bank )
Finova ( out of market place )
Franklin Bank ( no more leases )
Imperial ( sold portfolio )
Leasing Corp of America ( for sale below book value )
Leasing Solutions ( bankrupt )
Liberty Leasing ( closed )
Linc Capital ( out of vendor and broker business, Nasdaq halts stock sales )
Merit Leasing ( gone )
METWEST LEASING CO. Spokane WA. ( advising brokers that they have run out of funds so they are unable to fund a transaction we have there for funding. )
Nationbank Leasing ( closed )
New England Capital ( sold )
Newcourt ( sold off )
Phoenix ( both divisions )
Prime Capital ( "yes and no" sold off, may be negotiating )
Rockford ( sold to American Express )
SDI ( closed )
T&W ( lost their capital )
Transamerica ( sold )
Unicapital ( reportedly struggling )
United Capital ( reported having problems, very bad quarter )
United Leasing ( out of liquidity )
USA Leasing ( gone )
(One is deleted as explained in the clarification story)
The first time I saw the listing of companies no longer in business, it came from an e-mail sent by the late Adrian Bulman. He did not want to be identified. He thought he might get in trouble for passing on an internal memo. A friend has sent him an internal memo from Sierra Cities internal e-mail to salesman from chairman Tom Depping. It started with 16 leasing companies no longer in business, and Depping in no uncertain terms, chided his sales force for not going after customers of these sixteen leasing companies no longer around. He saw it as an opportunity to go after lessees and vendors. He
read nothing else into it except “opportunity for more sales.”
For our New Year’s Eve edition next week, I have planned the late Adrian Bulman’s comments about the future of leasing Dated December 27,2000. His observations and predictions will amaze you.
By the way, the List today is up to 166...We also have it now in both chronological and alphabetical format, and identify the name of the company much better than we did when we first started.
http://www.leasingnews.org/list.htm
-----
In the same June 20, 2000 edition, we printed a “press release” from Netbank, which we predicted we not only be a good investment, but a leader in the industry. We were the
first to predict this and continued to “promote” the growth of this internet bank,
a survivor of the dotcom era, still going very strong:
## Press Release #######################################
NetBank Reaches Its 100,000th Active Account
High Yields, Low Fees and Superior Customer Service
Drive Success of Leading Internet Bank
ATLANTA, June 20 /PRNewswire/ -- NetBank, Member FDIC, Equal Housing Lender, (Nasdaq: NTBK) (http:// www.netbank.com) and the nation's leading Internet bank, today announced yet another milestone -- achieving 100,000 active accounts since the bank opened. With this announcement, NetBank underscores its position as the fastest growing bank in history.
"This accomplishment demonstrates the growing acceptance of Internet banking and our ability to attract and retain customers," said D.R. Grimes, NetBank chief executive officer. "We're on pace to set a new account growth record for this quarter, and we're thrilled about reaching this important customer milestone so quickly in our history without sacrificing profitability. NetBank continues to set the standard in Internet banking by providing customers the ultimate one-stop banking and financial services site. We have a complete line of attractive products and services, including the best checking account in America - a no fee account that offers free bill pay and pays high interest with no hidden balance requirement or 'limited time' offer."
As a pure Internet bank with no branches, NetBank has dramatically lower costs and fewer employees than traditional banks. NetBank has maintained its commitment to pass along those savings to its customers in the form of higher rates on deposits and no or low fees. NetBank offers customers a compelling value with a well-rounded product line featuring FDIC-insured, interest- bearing deposit products, online bill payment, home equity loans, online mortgage services, and non-bank financial services, including online brokerage services, business equipment leasing services, and a virtual safe deposit box. NetBank also plans to roll out insurance products early in third quarter. NetBank has always done things faster and with greater flexibility than click- and-mortar banks.
About NetBank(R)
NETBANK, Inc, (Nasdaq: NTBK) (http://www.netbank.com), is a financial services company whose sole subsidiary, NetBank, member FDIC, is the first profitable pure Internet bank in the country, having achieved profitability in the past eight successive quarters since receiving its bank charter on July 31, 1997. With over $1.5 billion in assets and customers in all 50 states and 20 foreign countries, NetBank was recently ranked as a Money.com pick for "Best Online Banks." With its low-cost, branchless business model, NetBank is able to reward its customers with high interest rates on deposits with low or no fee banking services. Products and services include free online account access, free checking, free unlimited online bill payment and presentment, free checks, free unlimited ATM use, VISA(R) Check Card, VISA(R) credit cards, online brokerage services, mortgage lending, home equity lines and loans, IRAs, and business equipment leasing services. NetBank is a member of the AFFN, Cirrus, Honor/Star, and NYCE ATM Networks. For more information on NetBank, its products and services, visit the Web site at www.netbank.com, or call 1-888- BKONWEB (256-6932).
### Press Release ########################
Leasing News Blows the Whistle on “The Funding Tree”
Of all the companies were warned readers about, known had the drama
of lawyers threatening us, the first knowledge you had to have a California
Finance Lender’s License (the California Department of Corporations Shut
them down because of it and they moved to Nevada, where the Attorney
General there eventually put them out of business) and the president’s
own attorney was stiffed for his fee ( He would like to find Kendra Bernal
today to seek over $10,000 that he claims she owes him today---so if you know where
she is, he’ll pay a “finders fee.”)
Leasing News has a section on its “web site” called Bad Boys:
http://www.leasingnews.org/Conscious-Top%20Stories/bad_boys.htm
Kendra Bernal made it, proving that even women can be “Bad Boys.”
Sent to Leasing News October, 2001:
“The Funding Tree, Inc., Riverside, CA has been accepting sub-prime deals on
trucks and other equipment. They collect 15% prepaid residuals and doc fees
up front. They cannot fund and getting refunds is next to impossible. I know
of deals that are 3 plus months old. They also claim on their letterheads to
be members of the NAELB. They are not according to Maria at the NAELB.”
Some deals are as old as 7/01
Gary W. Psaledas
(retired from the leasing business, primarily due
to all the stress and losses incurred during this period)
Western Equipment Financing, Inc.
83 Abajo Dr., Edgewood, NM 87015
505-286-5437, Fax 505-286-543
Thirty-three years, Member NAELB
Funding Tree Response:
“We have 3 deals that are 120 days aged. 1 is a managed credit program,
which means, this is normal. The vendor receives the payments and once the
lessee makes 4 or more consecutive, on time payments the vendor is paid.
The other two transactions are trucking transactions.”
Kendra Bernal
The Funding Tree, Inc.
6141 Riverside Ave., Suite 1
Riverside, CA 92506
909.369.3150 Office Phone
Looking into this further, Leasing News reportedly found over thirty transactions
not funded:
Dealers Not Funded
Midwest Truck Sales, Inc. John Saied 888-446-1127
R.E.B. Express Ellie Corbello 888-968-3563 X 113
Volvo of Utah Rebecca Hall 888-478-2276
Rush Finance Brent Hughes 800-973-7874
Coastal Finance(broker) Jim Coxe 800-887-0843
Volvo of Albuquerque Venita Coffee 505-843-7703
Inland KW-Phoenix Jerald Collens 800-258-7791
TEC Equipment Georgia Field 800-497-7667
Idaho FL Frank Flemming 800-658-5084
Danforth Capital (broker) Dan Chagnon 800-910-2225
Whited Trucks Mark Walsh 800-786-4736
IMCO Trailers Paul Yberra 888-496-4626
Prudential Leasing (broker) William Ross 972-392-3008
AMEX Equipment Dick Steensland 623-872-3468
Premier Truck Center Chris Mehaffie 800-671-6882
Atlas Trucks Gordon Chou 877-860-6757
S.E. Truck Sales Peter O'Donnell 877-295-3748
M&K Quality Truck Sales, Inc. Ron Meyering 800-510-8727
I-10 International Trucks Gayle Austin 877-954-9241 returned
half of $26,000 up front money
Tulsa Freightliner Dan Clark 800-725-5312
According to the Department of Corporation, there are another two
dozen deals from dealers on one street that were not funded, money
not returned, and they have an on going investigation and hearing
to be held on the allegations.
At this time, Gary Psaledas of Western Equipment Financing goes
on line via listserve of the National Association of Equipment Leasing
Brokers to warn other members about the Funding Tree and the
experience he is having. Other brokers have similar problems
with the Funding Tree.
He then contacts the California Department of Corporations.
“I received a phone call from John Noonan, CA Dept. of Corps., Investigations
division, 916-322-6067. He asked a lot of questions regarding the Tree. He
also told me that Bernal had 9 Felony counts in 97 of which she pled to two. I
will be talking with him again today. This may be a good source for you to
send the ex-employees and the other brokers.”
Leasing News confirms this information with the Department of Corporations
and the District Attorney, who confirmed what we were told. One of the
requirements was “ Mrs. Bernal not to handle money of others.” The Funding Tree nor Kendra Bernal is not a licensed in the State of California, although she
originally told Leasing News the company was licensed.
Ex-employees, including the ex-sales manager tell us about high lease factors, advance rentals and 15% deposit collected on many hard credit “owner-operator” leases, but commissions not paid, and they suspect the leases were not funded. They state the Funding Tree was also collecting monthly rentals from lessees, although the vendors had not been paid. Reportedly “commission only”
sales people come and go.
Kendra Bernal states this is a misunderstanding and she will have a statement
soon.
In the meantime, the Funding Tree and Integrity Group merges. She tells
us they have money and will be funding leases, as part of the agreement
to merge, plus they are seeking new “investor money.” Please wait, she
asks, as this will all be straightened out.
From: Dave Muilenburg <dave_muilenburg@yahoo.com>
Subject: Re: Funding Tree Inc. Confidential
Date: Wed, 13 Mar 2002 11:11:23 -0800 (PST)
“I appreciate your prompt response and would like to file a complaint. I don't
know what information you need but the following should suffice. Lessee - Gilbert Lechuga dba G.L. Concrete Pumping. Approved January 31, 2002. Amount approved $50,020.00. Down payment $7898.00 (which they cashed).
We requested the advance back verbally and they are insisting of it in
writing which we are doing. Let men know if you need any more information. Thanks, Dave”
Leasing News does not know the true status of this transaction at this date.
Yes,. this was confidential, at first, then given permission to quote and try
and obtain the advance rentals “or approvals” back. This went back
and forth trying for resolution. In the meantime, Gary Psaledas is counter sued and upon the advice of his attorney, will make no more statements.
Kendra Bernal states she is returning all the advance rentals from deals not funded, just as Commercial Money Center did, and to please give her some time to accomplish this. Several more weeks go by. Perhaps another month.
“Here is some info I know about them. I am just a
small time broker that previously worked for
*******. I moved from California to
***** and was offered a position with the Funding
Tree, as I had a lot of contacts in the "D" and "F"
credit arena.
“They were trying to pick up where CMC
left off, but I can tell you, they were the most
unprofessional group of people I have ever worked
with. They have been collecting hefty advance rentals
since August of last year and as far as I know have
not funded a single transaction. It only took me a
short time to figure out they were not going to come
through on any of their promises. I was told it could
be 30 days for funding
“. I know I personally booked about 125K in transactions
before I figured out that none of them were to going to fund.
Not a huge amount,(3K in commission)that I will never see, but I
felt truly bad for the lessees I helped to convince
the 15% advance would secure the equipment they so
badly needed.
“ I think they are painting a picture to gullible brokers like me,
using their contacts to get deals, and then dumping them after
they have generated several deals for them. I realize my problems are
minimal but maybe you can forewarn others of the
situation.”
( name withheld)
Joe Rodriquez of Integrity Group calls to say please hold off on the story
as he is trying to legally end this merger. He states he has not made any money.
Any of the advance rentals and deposits have stayed with the Funding Tree.
He is a broker. Kendra Bernal promised to bring in investors and lines of credit
to fund transactions as they were going to be the next Commercial Money Center. But it never happened.
He states he has gone through two attorneys in trying to “clean this up.”
More dealers reportedly not paid:
Courtesy Chevrolet (AZ) 602-279-3232 Sam Garber
American Machinery Exchange (AZ) 623-872-3468 Richard Steensland
Rush Truck Centers of AZ 602-272-7611 Roger Tarlton (2 deals)
Rowe Bros. (OR) 503-228-5558 Hal
Western Empire Truck Sales (NY) 716-538-2200 Not sure who to talk to there.
Leasing News asked again to learn what was happening, particularly regarding the Department of Corporation restraining order. Kendra Bernal replied:
“Sorry it took a while to get back with you today.
We did receive a cease and refrain order prohibiting us from doing "consumer lending without a license" This does not impact our leasing
business. We have made some modifications to our lease documentation, etc. to ensure that nothing we are doing can be considered
"consumer lending". We are working with legal counsel on this matter and feel that we are in complete compliance.
“As to the transaction of GL Concrete transaction:
“We received the transaction in on 03/05/02. The transaction is still missing several items (Copy of drivers license, copy of full phone bill, some
bank statements, Vendor Profile, Personal Financial Statement, Indemnity Agreement, Certificate of Insurance, Original Invoice is incorrect) as
you can see this is more than a couple of items. The broker that sent the transaction to us (A-1 Financial) was notified of the missing items on
03/06/02 and again on 03/11/02 and yet again on 03/13/02. We spoke with Clair this morning and he said that he did not receive the missing
item list on 03/11/02, so we re-faxed the list to him today. We cannot fund a transaction that is incomplete.
“I do not know who Dave Muilenburg is. As far as we know the only additional broker is Anear Financial and Melinda is the only contact that has been forwarding
information to Clair and TFT. We did receive a call from an irate CPA this morning by the name of Yvonne who wanted to cancel the
transaction. This is obviously not the lessee. We require that all cancellation requests be put in writing. Unlike most leasing companies we
do allow lessees to cancel transactions and we do issue refunds, minus our doc fee of $395.00. “
If you need to speak with me, give me a call at the office (909) 369-3150
Kendra Bernal
President
During this time brokers on the National Association of Equipment Leasing
listserve were being solicited to send business to the Funding Tree. We have
several faxes, along with the broker agreements and other terms.
One of the claims is that the Funding Tree has been in business for over
five years.
The main pitch: “ We specialize in A to D credit transactions. Referring to our guidelines, you will find that we are unconventionally liberal in our credit decision criteria.”
During this time, the Funding Tree had the Department of Corporations hearing
postponed. I think there were two postponements, but the main hearing is now
June 4.
STATE OF CALIFORNIA
BUSINESS, TRANSPORTATION AND HOUSING AGENCY
DEPARTMENT OF CORPORATIONS
TO: KENDRA BEERNAL
The Funding Tree, Inc.
The Integrity Group
Integrity Funding
P.O. Box 1016
Mira Loma, CA 91752
or
6141 Riverside Avenue, #1
Riverside, CA 92506
or
10263 50th Street
Mira Loma, CA 91752
DESIST AND REFRAIN ORDER
The California Corporations Commissioner (“Commissioner”) finds that:
1. At all relevant times, Kendra Bernal is mad has been the president of The Funding Tree. toe. (“The Funding Tree”), a California corporation. She is also associated with the entities The Integrity Group and Integrity Funding.
2.Beginning in or about July of 2001, Kendra Bernal and The Funding Tree held themselves out as being engaged in the business o making consumer and/or commercial loans,
3.In multiple transactions involving consumers in multiple states, including Illinois, Florida, and Texas, Kendra Bernal and The Funding Tree represented to consumers that they would provide the consumers funding for purchases of commercial vehicles. In reliance upon those representations by Kendra Bernal and The Funding Tree, multiple consumers entered into contacts with dealers for the purch2se of, and took possession of, commercial vehicles.
4.Kendra Bernal and The Funding Tree also entered into agreements -with consumers whereby Kendra Bernal and The Funding Tree promised that they would fund loans to the consumers. The consumers provided valuable consideration to Kendra Bernal and The Funding Tree in exchange for those promises.
The agreements to make the loans were entered into in the State of California, but the Commissioner has not issued a license pursuant to financial Code section 22100 authorizing Kendra Denial or The Funding Tree to engage in the business of a finance lender or broker.
Accordingly, the Commissioner is of the opinion that Kendra Bernal and The Funding Tree have been and are engaged in business as finance lenders or brokers without a license from the Commissioner in violation of the California Finance Lenders Law, Financial Code section 22000 et seq. (“CFLL’), and therefore orders them to desist and refrain from such activities and from further violations of this division, whether a thing individually, jointly, or under other names or through other entities. This Order is issued pursuant to CPU section 22712 on the ground that it is necessary, in the public interest, for the protection of consumers and consistent with the purposes, policies and provisions of the CFLL.
Dated: January __, 2002
Sacramento, California
DEMETRIOS A. BOURTRJS
California Corporations Commissioner
By VIRGINIA JO DUNLAP
Acting Supervising Counsel
Enforcement and Legal Services
Kendra Bernal told Leasing News her attorney advised her that she was not
doing consumer loans, although the company was running consumer credit on each application, and that it was NOT necessary to have a California Finance Lenders License.
In California, all the major banks and finance companies require discounters
to have such a license, and it is part of their application process to do business with them.
From a United Association of Equipment Leasing Legal Workshop Conference:
“The point was that if the transaction was ruled a loan, not a lease
as you had intended, you could be subject to laws of usury in
California.
“The lease then could be considered usurious and you would lose, even
if in default.
“All your salesmen must either have this license or work as your
employee ( you cannot have a free lance salesmen unless he has a
license ). Bank of the West and others used not to do business without evidence of the license.
“Some of these licenses are needed in other states.”
Kendra Bernal states she does not need the license to operate, attract an
investor or obtain a line of credit, and has hired an attorney to represent
her at the June 4 Department of Corporation hearing.
Leasing News asked her for a statement, and she sent this PDF file, three pages, which we recommend you read in its entirety:
:
http://www.leasingnews.org/PDFFiles/TFT_LN_COMMENT.pdf
-----
The Funding Tree---The Details of the Closing from Landlinemag.com
SPECIAL REPORT: Easy money? Not so easy for Legacy Leasing
--by Rene Tankersley, feature editor/landlinemag.com
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