.

Lar~ Schnei der

From : Larry Schneider

Sent: Thursday, November 05, 2015 12:16 PM
To: Brian T. Hagan
Cc: Roberto DiMarco; JeMifer Walker
Subject: RE: HE 00006 CONFIDENTIAL FOR SETTLEMENT PURPOSES ONLY
Att achments: 0006 · CONFIDENTIAL · FOR SETTLEMENT PURPOSES ONLY

Brian,

It is disturbing that you were told the "credit reporting is accurate" by staff. Despite the numerous conversations with
multiple employees at the bank over the past six months, my efforts and patience was to no avail.

Let me pose a few questions to you.

1. In your email below from last week, you persona lly state: "For the October 1 payment, the amount due is
$4,646.05. The payment due November 1, if made on time, w ill be $3,823.29." I paid the Oct ober payment via
wire transfer which you have received. I've attached it again, in the event your email from last night was based
on my account not being properly credited for your receipt of t he October 1 payment. For the purposes of this
Question, I am going to asst.me t hat you either did not receive the wire or that it was received but my account
th
was not credi ted on October 30 when the wire was received. If either of these scenarios explain why you were
told ''the credit reporting was accurate" and that I am in fact delinquent, you can easily remedy the situation.

2. Assuming that you did receive the wire which I sent and the payment was credited on the day it was received.,
then and subsequently applied for my October 1~ payment, then the information which you provided to rne;
~For the October 1 pavment, the amount due is $4,646.05 . The payment due November 1, if made 011 time, will
be $3,823 .29" was erroneous, as I did in fact make the payment as you directed . If you recall from earlier in the
email string, you specifically requested that I communicate directly with you for the October payment because
there is nobody in your organization, including the customer service department, w ho' s contact number listed
on the Periodic Monthly Statement, that can provide me with timely or accurate info(mation concerning my
account information. I have also left a message i:1 July and August for Fred Snow, who is purportedly a customer
service supervisor. Those calls have not been returned.

Thus, in your own words, you have confi rmed that rny account. is current and requested i only deal with you on
this matter. Soi ask, if you have told me to deal directly with you and you have told me how much the monthly
payment was for October 1 and I made that payment within thirty days of its due date, how can you tel! me the
payment is not current and how can you t hen claim that you are told t hat the " cred it reporting is accurate" and
thus I am delinquent on the account? It can't be both .. .

3. As I stated in the October 30b, 2015 emaii (attached), ''the amount you claim is due for October is incorrect. 1
have wired the payment you are req uesting so I can comply.

Please explain the process usecf by which you determined t he amount due for October 1, 2015 is $4,646.05.
would like a fully detailed breakdown of that payment billing period .

Case in point ;
• There are 30 days in September and as we are botlt aware, my acco unt is a HELOC based on a current
index and margin currently making the effective annual percentage rate 3.249% (daily periodic rate
.00890410%). This we agree upon.

SCHNEIDERS 00008
 ,. Let's assume for the case of this argument, the outstanding principal is $1,500,000 ( I am only using that
figure for the simplicity in explaining my argument, as the bank does not actually know the exact
amount of my outstanding principal balance due to its flawed boarding of my loan from the Bank of
Coral Gables, its flawed system of records and the inability of its employees to understand and
remediate this on-going problem.
.. The daily finance charge should be $133.5615.
• Based on a 30 day billing cycle, the monthly billing statement for the month of September 2015 would
be $4,006.85(rounded).

Again, how did you derive the payment due as $4,646,05?

In addition, please provide me a fully detailed explanation as to why your claim that the November 1, 2015 payment is
considerably lower despite the nu mber of days in the billing cycle being greater than that for the October 1, 2015 billing.

Lastly, please look at my October and November billing statements and provide me an explanation as to why the
information which you have provided to me below and represented to be accurate differ from the information
contained in the banks servicing system of records for these two peri ods.

Afthough I appreciate your willingness to meet with me next week, I do not fee l as if any progress was made since the
original meeting and in fact, things have become progressively worse and more complicated for me, as you have not
even identified, no less rectify the continued harms caused by the banks erron eous billing statements and derogatory
reporting to the major credit repositories, which you had assured me would be resolved.

I w ill send you the financial information that you requested pursuant to my proposed settlement. If after you have
received the information which you requested from me and my proposal is not acceptable, we need to let the
regulators, attorneys and j udicial systern, intervene and resolve this situation and the other matter wit h S & A Capital
Pa rtners.

Sincerely,

Larry Sch neider

1199 S. Federal Hwy, #369
Boca Raton, FL 33432
305-710-4201

From: Brian T. Hagan [mailto :bhagan@firstambank.com]

Sent: Wednesday, November 04, 2015 8:20 PM
To: Larry Schneider
Subject: Re: HELO 6 · CONFIDENTIAL • FOR SITTLEMENT PURPOSES ONLY

LatTy:

Thanks for the reply. I have the payment history that you requested, and am told that the credit reporting is
accurate. I will double check to see what correspondence we have with the credit reporting agencies and v..:ill
ge1 that to you as well.

Are you available to meet next week? I have appoinu11ents up near you and can bring the documents you've
requested .

SCHNEIDERS 00009
Brian

Brian T. Hagan
Florida Market President
First American Bank
2295 Galiano Street
Coral Gables, FL 33 134
(305) 777-1027

On Nov 4, 2015, at I :48 PM, Larry Schneider <Larrv(msacaw..h11P.artncrs.com> wrote:

Brian,

I just returned from Boston last night and will have the financial statement to you this weekend.

In the meantime, what steps have you taken to ensure that the erroneous reporting made by First
American Bank, to the major credit repositories have been expeditiously remediated and purged from
my credit file? I need financing for several things and thus require documentation from the Bank that it
acknowledges that my payment history has in fact been made on a timely basis, per the terms of the
loan documents as they relate to the Fair Debt Credit Reporting Act and that it takes responsibility for its
actions.

Please provide me a copy of the correspondence which the bank has sent to the credit repositories to
expeditiously remediate these ongoing harms, as a letter of explanation, although helpful, w ill not aid in
increasing my credit score. As you are aware, mortgage delinquencies reported to the credit
repositories have the most profound negative impact on their respective scoring models.

Lastly, has the flaws in the banks system of records been addressed such that my account is not still
erroneously reporting as delinquent?

I look forwa rd to your prompt response to this malter.

Sincerly,

Larry Schneider
1199 S. Federal Hwy, #369
Boca Raton, Fl 33432
305-710-4201

From; Brian T. Hagan [mailto:bhgggp(UlfirstambaJJk.c9m]

Sent: Friday, October 30, 2015 3:44 PM
To: Larry Schneider
Subject: Re: HELOC #- 06 - CONFIDENTIAL - FOR SETTLEMENT PURPOSES ONLY

Larry:

Thanks for the prompt reply. I'll get the information you're requesting, and am checking to see

SCHNEIDERS 00010