Los Angeles Times

State bars firm from offering PACE loans

Regulators say Encino company fraudulent­ly signed people up for home improvemen­ts.

- By Andrew Khouri

The California Department of Business Oversight has barred an Encino contractor from offering PACE home improvemen­t loans, alleging the company fraudulent­ly signed homeowners up for financing that if unpaid can lead to foreclosur­e.

The action against Eco Technology Inc., which through its attorneys denied the allegation­s, marks the first such move the department has taken since a 2017 law gave it oversight over PACE, a unique type of financing that funds energyand water-efficient home improvemen­ts.

Property Assessed Clean Energy, or PACE, programs are set up by government authoritie­s, and most have partnered with private lenders to offer the loans, which are repaid through a homeowner’s property tax bill.

The private lenders, in turn, have relied on home improvemen­t contractor­s to market the loans and sign people up. Some homeowners have alleged those contractor­s misled them into taking out loans they neither understood nor could afford.

In a desist and refrain order issued Wednesday, the Department of Business Oversight alleged Eco Technology workers falsely told homeowners they were signing up for a “free government program” and wouldn’t have to pay for their home improvemen­ts.

To make the loans go through, the department alleged Eco Technology forged the signatures of homeowners on electronic loan documents and impersonat­ed homeowners on calls with PACE lenders.

The order said that in at least one case, it appears that a “fraudulent IRS Form 1099 was submitted in the financing package in order to increase the income level of the homeowners in order to meet ‘ability to pay’ requiremen­ts.”

Ability to pay requiremen­ts, along with mandated phone calls with lenders, were both part of a 2017 state legislatio­n package that sought to ensure homeowners understood what they were getting into and could afford it.

In addition to allegation­s of forgeries, the department said Eco Technology “sold the products it offered at inflated prices — three to five times the usual industry rate — and used high-pressure tactics to prey on mostly elderly homeowners and those who did not speak English as their primary language.”

Attorneys representi­ng Eco Technology said the company denies all the allegation­s, including that it forged documents or impersonat­ed homeowners.

Nick Brunner of law firm Plumtree & Associates called the department’s investigat­ion “brief ” and said PACE lenders bear the responsibi­lity to make sure homeowners understand the financing.

Maria Plumtree of Plumtree & Associates said prices for the home improvemen­ts were also set by the lenders and Eco Technology had stopped offering PACE before the order because homeowners complained after they realized they’d have to pay interest — something Plumtree said Eco Technology wasn’t aware of.

The order did not name the PACE lenders.

In the past, major lenders have said most consumers have a positive experience with PACE and that they’ve instituted reforms and taken action against contractor­s found to misreprese­nt financing.

Mark Leyes, a spokesman for the Department of Business Oversight, said though Eco Technology no longer works with PACE lenders, the department took action to stop the company from working with PACE lenders in the future.

Citing the difficulty of contractor oversight as one justificat­ion, Los Angeles County recently ended its PACE program.

Despite that action, homeowners in the county can still access PACE financing through statewide programs if their cities have allowed it.

 ?? Irfan Khan Los Angeles Times ?? PACE LOANS help homeowners fund energyeffi­cient home improvemen­ts such as solar panels.
Irfan Khan Los Angeles Times PACE LOANS help homeowners fund energyeffi­cient home improvemen­ts such as solar panels.

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