Harris County Case 2017-75810
Trajan obtained a loan through Zeus, which had NYM fund the loan. The loan was for the purchase and remodel located at 711 Allston, Houston, Texas. The amount of the loan was $561,750 with $160,600 to be held in escrow for draws. The Loan closed on October 31, 2016 and didn’t fund until November 5, 2016. This delay in funding caused Trajan considerable problems. Due to the delay, the seller of 711 Allston lost the purchase to their new home and therefore insisted that they remain in the property until they obtained another home. It took 27 days to get them out of the house before the remodel could begin. Trajan was advised by an email which purpose served to sell the loan, that once the loan closed they would have two months before the first payment was due. However, Trajan was billed less than a month after the loan funded. Trajan received their second draw in May, a month after getting plans approved by the City of Houston and this draw took 10 days, 7 days longer than Zeus/ NYM’s promised three days or 72- hour turnaround time. Trajan made their third draw request on July 3, 201. However, Trajan never received a response after several attempts to contact Zeus/ NYM. Trajan had to borrow money from another source to continue working to which they had to pay high interest. Trajan then sent a fourth draw request on August 4, 2017. This draw took 68 days to fund. Trajan waited from 7/3/17 to 10/9/17 at $148.23 per day for a total of 98 days or $14,526.54, not including the second lien delay or the closing loan delay previously mentioned. Even though the delay was of no fault of Trajan, Zeus/NYM chose to withdraw two additional payments from this draw. Zeus and/or NYM’s actions have resulted in Trajan not being able to continue work on the subject property. The draw request was for $26,200 which would have allowed for enough work to be done to get to the next draw. Instead, after the long delay, Trajan only received $13,279.11 which was not enough to get a significant amount of work completed to request further draws. This leaves Trajan with only one option which is to complete the project by obtaining funds from another source.
Zeus and/or NYM has advised Trajan, Trajan would have to extend the loan on October 2017th. However, Trajan heard nothing in regards to this modification only, emails about Trajan being charged another interest payment. Trajan was told by three Zeus/ NYM people that the delays were due to Zeus/ NYM restructuring. Zeus and/or NYM’s actions have caused Trajan to have to go to other sources to obtain funds. Trajan shouldn’t have had to obtain a loan modification on October 1st because although Trajan closed the loan in October, the loan didn’t fund until November. This required extension was also due to Zeus and/or NYM’s errors and delays, not Trajan’s.
If the above was not enough, after written demands and the filing of this lawsuit, defendant NYM foreclosed on Trajan’s property located at 711 Allston St. Houston, Texas 77007. At the foreclosure, the property did not sell and NYM retained the property.
Steven Kaufman posted on face book on 3-6-18 that “Philip Alexander Hajdasz owner of Trajan Homes. I hate doing this but not as much as I hate predatory business people. Houston investors and lenders should be very cautious when dealing with this bad actor. BTW – I have 70 friends in common with him so there are big chances that you actually know him.”
Source: Plaintiff’s Third Amended Petition filed 3/19/2021 (emphasis added)