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    Post: Broker Uses Illegal Extortion Tactics

    Posted by Erin N on 2/27/09


    After sending the following letter, 8 different attorneys
    (licensed by the Missouri Bar) deemed the document filed
    by Coldwell Banker Advantage was illegal and should never
    have been recorded.

    Verification can be obtained by visiting
    www.recorder.claycogov.com Once there, you can login as a
    guest (no password required) and search the real estate
    records for a business named RSB Realty. The illegal
    document filed by Karen Bergin and Linda Bobski is
    instrument #2007032423, dated 08/06/07, book #5778, page
    125. You can pull it up, view the actual document and even
    print out a copy. There is no denying that this document
    served no purpose but to cloud the title of the property.

    Under duress, the ownerís eventually relented and
    delivered the ransom demanded by Coldwell Banker so that
    the encumbrance was removed from the propertyís title.

    It is my belief that the brokerage firm executing this
    extortion ( Coldwell Banker Advantage, Overland Park
    KS ), the firmís broker ( Karen Bergin ) , and the
    agent involved ( Linda Bobski ) should all be brought up
    on extortion charges and be permanently banned from
    gaining licensure in the state of Missouri. Their actions
    are indefensible and down right illegal!

    However, when a bankrupt man has no financial means to
    defend himself in court, the use of this document by his
    broker and/or agent becomes extortion and so the owners
    only option left was to beg. Consequently, the following
    letter was written.

    Coldwell Banker Advantage
    Attn: Karen Bergin
    7501 College Boulevard Suite 101
    Overland Park, KS. 66210

    Ms. Bergin,

    Iím writing this letter to you in the hopes that you will
    understand the hurt and misery you are causing me and my
    family. Your recent actions to try and stop the closing of
    our property at 14409 NE 147th St is a painful reminder of
    how greed and distrust is ruining the relationships
    between consumers, builders, and real estate professionals
    such as yourself.

    We have painfully fought through the last two years by
    paying over $150,000.00 in interest out of our own pockets
    to keep these two properties on the market for you and
    other realtors to try and profit from. We have exhausted
    all our savings, our retirement, the equity in our
    personal home, our sonís college fund, and even stooped so
    low as to cash in our 12 year olds savings account
    containing Christmas, birthday, and tooth-fairy money he
    had saved since infancy. We have lost our medical
    insurance, our credit rating, and are now on the verge of
    defaulting on mortgage loans. Apparently our losses are
    not enough to satisfy your need to profit from our
    misfortune, as you now intend to destroy our business and
    the only options we have left. To say the least you have
    miserably failed at the job we hired you to do and we have
    paid for it dearly.

    Long ago we gave up all hope and the reality of being able
    to make any profit on either of the properties we
    constructed in Fox Run; however, we remained loyal to our
    realtors by continuing to give them a chance we would
    never have. Our last listing agreement on April 10th was
    always predicated on our ability to be able to continue to
    pay the monthly interest on the properties and delay the
    consequences arising from having to give them back to the
    bank.

    As early as last May, I indicated to Linda Bobski that due
    to the cancellation of two build jobs weíd had pinned our
    hopes on, we were staring down the harsh reality of
    defaulting on our construction loans and losing not only
    our profit and the interest we have paid to date, but also
    no less than $35,000 of our personal funds we used to
    finish construction on the properties, and an additional
    $6,300 we have spent assisting Ms. Bobski in marketing our
    homes with advertising that included your company name,
    Linda Bobskiís logo, and contact information for her and
    your company. I also indicated to Linda that if at least
    one property was not sold by the end of June, we would be
    forced by necessity to cancel the listing agreement,
    accept defeat, and attempt to sell the properties at an
    extremely reduced price to avoid losing them altogether.
    We only hoped that whatever price we might receive would
    be enough to cover our actual material costs.

    During this time, we frequently disrupted our own lives;
    cancelled plans made, and relinquished time with our
    families and friends to make ourselves available at all
    hours to show the homes on your behalf. We sacrificed our
    own health and well being by delaying medical and dental
    treatment, and we jeopardized our financial security by
    acquiring personal loans and extending credit cards to
    cover our living expenses. Quite simply, we were ready to
    do whatever it took to assist you in moving these homes. I
    know you have spent some money in marketing the
    properties; but in all honesty, it pales in comparison to
    our costs, commitment, and losses.

    Our previous experience listing with Linda Bobski provided
    us with competent service, good marketing, and personal
    dedication with her physical presence almost every
    weekend. We came to rely on and expect this kind of
    continued service from her when we re-listed the homes
    with your company. However, we have NEVER seen any new
    marketing materials, print ads, feedback on showings, or
    her physical attendance at open houses during the time the
    homes have been listed with Coldwell Banker Advantage.

    When we spoke with Linda Bobski on June 30th and
    instructed her to forward us a release on the listings, we
    were told this would be done when you (her broker)
    returned from vacation. We proceeded on that basis because
    we believed in the honesty and integrity we had come to
    know in Linda, and my wife diligently began attempting to
    secure a buyer in earnest so that we might be able to move
    at least one of these homes and save ourselves from
    defaulting on business loans.

    My wife humiliated herself in ways I can not imagine.
    Cruising neighborhoods looking for signs indicating a home
    had sold or was under contract, then proceeding to knock
    on the doors of people sheíd never met, asking them for an
    opportunity to show them what wonderful homes we had built
    and relaying to them just how desperate we were to sell.
    Now that we have secured a buyer that will relieve us of
    the massive burden we have carried for so long, you want
    to stop the sale of home we have worked two years to try
    and move; a home you and your agent failed to produce a
    buyer for.

    Have you no shame or conscience? Have you no sense of
    right and wrong? Or is causing your clients continued
    distress and embarrassment secondary to enforcing your
    sense of power over the people you profess to serve? In
    all honesty, I simply canít understand the logic behind
    choosing to put a client out of business rather than
    working with them so that you might secure future
    listings. That just doesnít make sense to me at all.

    We are tired, Ms. Bergin. We are tired of fighting a
    battle we canít possibly win. We are tired of taking risks
    that only serve to benefit the banks, mortgage companies,
    and licensed real estate brokers/agents. I have personally
    endured debilitating stress and anxiety related illnesses,
    have been hospitalized twice this past year, have endured
    IRS audits, been forced to file income tax extensions, and
    have watched as my wife battled her alcoholism under the
    mounting pressure of constant failure. Even as I write
    this, I am forced to listen to her sobbing in the next
    room, convinced in the belief that everything is hopeless
    and thereís no point in even trying to reason with you. We
    put ourselves through all this for your benefit, so that
    you might be able to profit from our talents and
    misfortune, but we ran out of time. We simply could not
    give you any more time to make money off our product. I
    just donít know what else you want from us or what else we
    can do.

    Thereís nothing left for us to offer up to you; and above
    all else we are simply tired. We want to give up; and even
    though we are conceding defeat, you are not even allowing
    us to give up and give in. It is almost as if we are the
    bloody wounded dog being forced back into the pit for the
    final kill. We are merely a form of entertainment for you
    at this point, as we can not possibly meet your demands.

    Finally, I am asking that you please release the lien you
    have filed with the recorders office so that we can close
    on this home and begin trying to put our lives back
    together.

    Ethics Watch

    Posts on this thread, including this one
  • Broker Uses Illegal Extortion Tactics, 2/27/09, by Erin N.
  • Re: Broker Uses Illegal Extortion Tactics, 3/05/09, by Robyn N..
  • Re: Broker Uses Illegal Extortion Tactics, 11/16/09, by T Laughlin.
  • Re: Broker Uses Illegal Extortion Tactics, 5/07/10, by Web Junkie.


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