Sean Whalen Empower Group, It's been 7 Months and still No Deed Orem, Utah

I purchased property from Empower Group now known as Property 23 on August 17, 2010 for full cash price of $41,295.00 by using six (6) different charge cards.  I was encouraged by Spencer Simpson, Sean Whalen's high pressure salesperson, to "pull the trigger" on this great investment that "could put me in the position to be successful" adding that it "would be a good plan to purchase this property and collect rent while I marketed it for re-sale and possibly make a profit of 10% - 20% due to the bulk price that they were able to pass on to me".

As of today's date, March 24, 2011, according to the Recorder's Office and a recent title search by Fidelity National Title Insurance, this property is not under my LLC's name, I still have not been deeded for this property after seven (7) months.  It still belongs to Sean Whalen's company"Blue Mountain, Inc." 

I have not been able to market this property as planned simply because I do not own it outright and cannot convey with clear title to another party as it still is recorded to "Blue Mountain, Inc."

For the past seven (7) months I have been paying a property manager, making repairs, putting up with a very difficult Section 8 Tenant who is moving out on April 1, 2011, paying property taxes, utilities, home insurance, and all of those worthless counseling/coaching companies who eagerly solicited and sold me their wares/services soon after I paid for the property.  I am out $48,541.19 after deducting the rental income from October 2010 to March 2011.  I did not receive prorated rent for August 2010 (although I paid in full August 17, 2010) and no rent for September 2010.  The house will not have a Tenant as of April 1, 2011.

I just learned that consumers cannot dispute charges on credit cards after 60 days from post date due to the Fair Credit Billing Act aka Regulation Z.  So Sean Whalen collected my money but still owns the property.

According to Sean Whalen's Property 23 website under "Due Diligence" it states that "any customer wishing to purchase a title insurance policy on their home at the time they purchase it can do so and Property23 will guarantee the title company will be able to issue a policy free and clear of any liens."  I have been notified by Fidelity National Title Insurance that I am not able to obtain a title policy on this property for obvious reasons.

Also, on Sunday January 23, 2011 the Daily Herald featured a profile of Sean Whalen mentioning that he was 32, the founder and CEO of Orem-based real estate startup Property23 (fka Empower Group, LLC).  Whalen said that his company has bought and sold at least 4,000 foreclosed properties since 2008 (Property23 was not formed until Sept/Oct 2010), and generated $18 million of revenue.

Since the profile appeared, several of Whalen's creditors have alleged that he owes them large sums of money.  They have accused Whalen of FRAUD, claiming that filed for bankruptcy to avoid repayment while simultaneously making huge profits, and said that he has defaulted on numerous loans totalling more than $8.5 million.

Court records confirm that Whalen filed Chapter 7 bankruptcy protection in August 2010...soon after I purchased my property and his company was still operating under Empower Group, LLC.

This report clearly reflects his character and business practices.  I refuse to "carry" this property any longer.  I wouldn't be writing this if I were on the deed...but I'm not and waiting seven months is unreasonable by any standard.