Zieser, Phillip | Unlicensed | Forsyth, MO
01/11/2016 | Hearing No. 3417
Respondent(s): Phillip Zieser, (Unlicensed), Ozark Liquidation, Inc., Forsyth, Missouri, Formal Hearing #3417
Violation(s): A.C.A. A.C.A. §17-42-105(a)(1) and §17-42-109.
Sanction(s): Respondent Zieser was ordered to pay restitution to Complainant Regina Threet in the amount of $5,495.00, a civil penalty fine to the Commission of $5,000.00, costs of the Formal Hearing, and shall not be approved for resident or nonresident license prior to the application being reviewed and approved by the Commission, and prior to restitution, civil penalty, and hearing costs being paid in full.
Respondent Phillip Zieser is Registered Agent, CEO, President and owner of Ozark Liquidation, Inc., 155 Main Street, Forsyth, Missouri. Ozark Liquidation, Inc. was originally filed with the Missouri Secretary of State as Ozark Liquidation, LLC and converted to Ozark Liquidation, Inc. on May 16, 2012. Acting through representatives of Ozark Liquidation Inc. or Ozark Liquidation, LLC., Respondent held himself out as being engaged in the business of selling, exchanging, leasing or procuring of prospects calculated to result in the sale of real estate, specifically time-share, utilizing ownership liquidation, transfer by deed or title transfer.
On or about November 8, 2011, a representative of Ozark Liquidation, Inc. met Complaintant Threet, a resident of Little Rock, Arkansas, at a location in Little Rock, Arkansas. At this meeting a representative of Ozark Liquidation, Inc. entered into an agreement by which Complainant agreed to transfer her ownership of three Wyndham timeshares out of her name through a liquidation process and to pay all transfer, estoppels, recording and title insurance fees. The agreement stated, “…OZARK LIQUIDATION RESERVES THE RIGHT TO DISPOSE OF ABOVE TIMESHARE PROPERTY IN ANY MANNER NECESSARY TO COMPLETE THE LIQUIDATION PROCESS.” The agreement stated that the Cost of Liquidation for Complainant was $2,500 and indicated Complainant paid that amount by check number 3304. Complainant wrote a check numbered 3303, dated November 8, 2011, to Ozark Liquidation for $2,500. Complainant also wrote check number 3304, dated November 8, 2011, for $2,500, payable to Ozark Liquidation. Complainant also wrote check number 3305, dated November 8, 2011, for $2,500, payable to Ozark Liquidation.
The agreement that the representative of Ozark Liquidation, Inc. entered into with Complainant stated the timeshare property would be transferred out of Complainant Threet’s name by the end of the usage year in which the Complainant had relinquished her rights. The contract further stated that Complainant Threet relinquished all usage rights to the timeshare properties beginning 2011. On or about November 15, 2011, Complainant Threet received a letter by email from Renee Nichols of Ozark Liquidation, Inc. The letter indicated that a company called Sumday Vacations would assist Ozark Liquidation to liquidate Complainant’s timeshare properties. In the letter, Complainant Threet was requested to send a copy of the most current RECORDED deed or purchase contract to Ozark Liquidation to expedite the liquidation of Complainant’s timeshare properties. A Sumday Vacations agreement between a representative of Ozark Liquidation, Inc. and Complainant stated, “…the property shall be granted, conveyed, or assigned to Sumday Vacations, or such other entity or person, as may be designated in such a manner as to pass legal title to Grantee or Assignee…”
On or about May 24, 2012, Complainant received a letter from a representative of Ozark Liquidation, Inc., which enclosed a deed to transfer the Complainant’s ownership of her timeshare property in accordance with the Complainant’s liquidation service contract dated 11/18/2011. Complainant was requested to sign the deed and return it to Ozark Liquidation, LLC. The letter stated, “The new owner’s information will be inserted in an appropriate timeframe…”. On or about April 3, 2013, after her ownership in all of her timeshare properties had not been successfully transferred or liquidated by Ozark Liquidation, Inc., Complainant requested that the $5,000 she paid to Ozark Liquidation, Inc. be returned.
By letter dated September 25, 2013 to Respondent Zeiser, Complainant requested that the $5,000 she had paid to Ozark Liquidation, Inc. be refunded. On or about March 14, 2012, Complainant received an email and letter from Casey Burch, Director of Administration of Ozark Liquidation, LLC indicating that $2,005 was being refunded to Complainant by check, which represented $2,500 minus administrative fees of $495.