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Should I worry about Defamation of Character?

By
Mortgage and Lending with Credit Werx, LLC.

I worked for a now defunct mortgage company named SMC Mortgage Company in Glens Falls, NY. I was not happy with my experience there after leaving. Actually, I began becoming unhappy a while before I left... I did not like the common consensus that my former colleagues seemed hold... They gave each other high fives when they were able to really "sell" someone on a bad loan! It was like they took pride in in pulling the wool over people's eyes... Like that made them "good"!

The mortgages that I wrote were frowned upon by management for not have a high enough overall percentage of fees. I brought a lot of ideas to the table to improve efficiency, lower overhead operating expenses, treat SMC clients better and to implement a referral strategy to work with local agents in the area.

My ideas were all shut down until our differences became too great to reconcile and I left the company while they continued to spiral down their self destructive path.

A while ago I signed into My Merchant Circle account and navigated my way to SMC's Merchant Circle landing page.

I left the following review:

Very unprofessional

"I worked for this company briefly. I thought that maybe I could bring some class and skills to the environment that would elevate the level of service that this company was able to provide and that maybe I could bring some ideas to the table that would put this company ahead of the competition. I did bring some great ideas with me. Every one of which was shot down because the owner of the company did not think of it. His ideas were ridiculous and I truly feel that he cared more about earning a commission check than he did about serving the best interests of his clients... which is probably why the company shut down... I wonder how Tom is paying for his mercedes now. The best way that I can describe this outfit is that they were a Cluster*#$@. everyone in this organization so I left and moved on to a much more ethical company who appreciates my ideas and who treats clients the way that they deserve instead of like a paycheck."

March 28, 2008 by Christopher Ohlsen in Plattsburgh, NY

This is my God's honest review of this company. Now they are out of business and I am not surpised in the least. There was a false review on their Merchant Circle profile that was left there by one of their unscrupulous employees, so I went back one more time to set the record straight and I have not thought about it since.

An old friend of mine who had a similar experience with SMC Mortgage Company in Glens Falls contacted me recently. He told me that SMC Mortgage Company had indulged in criminal activity since my leaving and that he reported them to the Banking Department right before leaving himself and that resulted in them being shut down.

Yesterday I recieved an email from someone who I will keep anonymous in this post.

The Email I recieved:

 

"Christopher,

I got your name off the defunct SMC site. Now that your blood is boiling, let me explain why...

I write for the local business journal and two years ago I was assigned a story about this new mortgage company. Den assured me SMC could write a loan for just about anybody and under just about any condition. That is why I tried to contact SMC now.

I have friends who will lose their home soon if they don't find a mortgage company who can help. Countrywide is making no effort to work with them. Yes, these homeowners made some bad decisions and are way over-mortgaged; but maybe you or another firm you know of can figure out how to keep them in their home.

If you think you can help, please email or call me at your convenience."

 

My Response:

"Anonymous,

The fact that Den thought that he could write a loan for anyone under any circumstance is probably why they are defunct... that and the fact that they were writing FHA loans without the proper certifications and pocketing the FHA government funding fees illegally.

I just received your call; I can't promise anything except that I will take an application and do my best to help them improve their situation. Thank you for your consideration. Have a great holiday weekend!"

I believe in Treating People Right and that is why I have such a problem with this former employer but did I going over the top? What justifies "defamation of character"? I have been reading a lot about new rules that are being proposed to "govern" blogging to some degree and I am curious just how far a blogger can actually express his first amendment rights...

I am not intentionally setting out to defame anyone but I am a firm believer in telling the truth.

 

 

Posted by

Christopher Ohlsen

37 Boynton Ave

(845) 243-5293 (Office)

(518) 565-0799 (Cell)

www.plattsburghmortgage.net

chris.ohlsen@guaranteedrate.com

 

 

Comments (6)

Paul McFadden
Responsive Pest Control - Seattle, WA
Pest Control, Seattle, WA.

No, Christopher, you don't need to. I would not have done what you did but I'm wired differently perhaps. I tend to walk away, chalk it up as a learning experience and move on. hopefully what you did won't cause you grief. it probably won't. Take care.

 

Paul

Jul 03, 2008 05:07 AM
Christopher Ohlsen
Credit Werx, LLC. - Malone, NY

Paul,

LoL, sorry I have to laugh. Yes, perhaps you are wired a little differently. However, you are right and I don't want to give off the wrong impression. I am not seething under the surface about these guys. I would not trade the experience that I had there because of course I had the opportunity to see what not to do in this business. Also, I never bad mouth my competition and that is not the intent of this post or of the comments that I made on the merchant circle website. I simply felt an obligation to warn people about them and about the way that they do business; they are out of business now so I am not saying anything bad about my competition although it is obvious through my writing this that I did leave the company on bad terms. Thank you for stopping by!

Jul 03, 2008 05:18 AM
Thomas Hargreaves
TriStar Financial Services - Eugene, OR

All I can say is good for you for having the discipline to quit working for a company that we as mortgage agents are glad is gone.  I can say that more agencies like this one are also gone, or will soon be gone.  I too could have sold bad loans only to line my pocketbook, but I would have to look at myself in the mirror and I could not do it and feel good. 

Jul 21, 2008 05:13 AM
Christopher Ohlsen
Credit Werx, LLC. - Malone, NY

Thomas,

Thank you. Yeah, I could've made gobs of money there; that was when subprime was still a hot ticket item. I did not want to make money writing bad loans though. They would advertise that they can do anything for anyone in just about any situation. The majority of loans originated there should not have been originated. I did a couple of good loans and management complained to me that I did not charge enough when I felt like what I charged was fair and my clients were happy with the loan. I am not going to lose sleep over screwing people over and then have the FED's knocking on my door... No thank you!

Jul 21, 2008 07:00 AM
Anonymous
Rexxfield.com

Christopher, most of what you wrote in a posting and it in your e-mail response to the anonymous person appears to be rhetorical hyperbole or opinions. Such speech is generally privileged and not liable for defamation. However, you did make one statement of fact as follows:

 

"that and the fact that they were writing FHA loans without the proper certifications and pocketing the FHA government funding fees illegally".

 

This is a pretty serious allegation, theoretically the owner of the defunct company could have a cause of action against you for making the statement. However, if that were to happen you would have a complete defense if you could prove that it was true. Generally speaking, the plaintiff has the burden of proof, as such you don't need to prove it was true, he needs to prove that it was false.

May 01, 2009 06:40 PM
#5
Anonymous
rexxfield.com

 

Christopher, most of what you wrote in a posting and it in your e-mail response to the anonymous person appears to be rhetorical hyperbole or opinions. Such speech is generally privileged and not liable for defamation. However, you did make one statement of fact as follows:

 

"that and the fact that they were writing FHA loans without the proper certifications and pocketing the FHA government funding fees illegally".

 

This is a pretty serious allegation, theoretically the owner of the defunct company could have a cause of action against you for making the statement. However, if that were to happen you would have a complete defense if you could prove that it was true. Generally speaking, the plaintiff has the burden of proof, as such you don't need to prove it was true, he needs to prove that it was false.

 

May 01, 2009 06:43 PM
#6