Let's start from the very beginning... Three years ago I purchased my home for 95K with a 4.5% 30-year fixed rate. Then, two years ago I suffered a run of bad luck. Within two weeks I suffered a miscarriage, my relationship ended, and I became unemployed. For three weeks I was in a terrible state, and then I decided to take a working vacation for the summer, and work as a travel nurse. With three weeks left on my 13 week assignment I had a message from my mortgage company, when I returned that call and was asked if I was residing in the property I told the truth, and explained that I was in Maryland on a travel assignment, but would be returning home in the next few weeks. That is where the conversation ended. The girl on the phone told me that since I had "abandoned" my property without their permission they would foreclose one me, and from that moment on would NOT be accepting my mortgage payments. I soon received paperwork regarding their loss mitigation department, and contacted them right away. After repeating my story to my "case worker" 3 or 4 times, and sending numerous faxes of the same information (she claimed to never receive my paperwork), they finally set me up with a "loan modification" plan (4-5 months later).
Fast forward to Hurricane Gustav in September. As a result of a tornado 2 trees were planted squarely on my kitchen, dining, and living room area. My insurance company (Foremost - I highly recommend them) came in, assessed the damage, and cut a check. After finally receiving paperwork from US Bank's Loss Draft Processing Center, I sent in all of my paperwork and checks. Due to the amount of damage I knew that the construction would be extensive, and mold had already begun to grow after only a few weeks. I remained in my home for several months (mold and all), because that was required through my "loan modification". As luck would have it right when contractor #1 was getting ready to begin work I was contacted about a travel assignment in California, and the assignment was the same length as the time estimate for the repairs. My insurance was all set up to put me into temporary housing, but I figured I wouldn't add any more to my claim & go make a few extra dollars in the process... So off to Cali I went. While in California I received a call from US Bank stating that my current plan would not bring my account up to date. I informed Amanda that it was not possible for them to increase my payments by $700 because I was on a "loan modification" plan. After several heated conversations I was put in touch with Beth Carden. After some investigation Beth discovered that I was NOT on a "loan modification", but a "repayment" plan instead! Beth then put into affect a TRUE loan modification.
NOTE TO SELF: Never leave a contractor unattended. I flew home several times in November March and April.in March I came home to fire my contractor, and hire a new one. Due to being put on the bottom of the list, and the amount of mold remediation done they were not scheduled to begin until June. Since my home was unlivable at this point I took a second assignment for 8 weeks In New York, and was assured that my home would be ready (electrical repairs included) by the time I got back. Well hello rainy season! They didn't actually get to start on the roof, and electrical until the last week of July.
So, now I'm home (done with traveling), and work is being done in between showers. The electric, roof, and mold was more extensive than expected, so more paperwork has been done, and time just keeps being added to the job. On August 7 I drove to New Orleans to attend 2 charity events. Upon return home August 9 I went to my house to unload and do a bit of work. When I approached the house I noticed a sticker from a company called Five Brothers attached to my door. Upon further inspection I found that all of my door knobs, and deadbolts had been pried off the doors, and were replaced with new door knobs, and a strange lock box. My contractors lock box was gone, and who had been in my home! The sticker had a number to call, and also stated that they had found the home to be vacant (to be defined later) or unsecured, and that they did not own or rent this property. I called the number and left a very unbecoming voice mail message. Since I didn't know what was going on, and since no one had the legal right to lock me out of my own home I called the police. They came out and made their report.
Monday morning, August 10, I started calling US Bank at 7:00am. I spoke to the Loss Draft Department. Linda said that I wasn't due for an inspection, she had not ordered one, she didn't know who Five Brothers were, and that their department used a company called Safe Guard. I then called Beth Carden, my loan modification case worker, and she informed me that she no longer had my file, but did not order any inspections. I then spoke to a girl named Marla, who now holds my file, and she informed me that she would have to do some investigation, but that she didn't know what was going on, and would have to do some research into the matter.in the mean time... I received a call from Five Brothers. They informed me that they had received an order from US Bank to do an inspection on August 5, and that they could not provide me with those work orders, but that US Bank could. They also informed me that their inspector deemed my property "vacant" because the lights were off (no one was home), and there wasn't any furniture in the front two rooms (the rooms that are being remodeled). I let them know that all my belongings were in the ask 3 bedrooms, and he couldn't see in those rooms due to mini-blinds, and curtains. Shortly after that conversation the man who removed my locks call to say that a "super rush order" had been put in for him to replace all locks/deadbolts, to repair any damage he caused, and to give me all the keys. I call back to US Bank, and spoke to a customer service rep who told me that Five Brothers does all inspections for US Bank, and that a letter was sent to me on August 5, and because I didn't respond to that letter they issued an inspection. I was then transferred to Marla's voice mail.
Tuesday morning as I'm waiting on Ron Ward to replace my locks, Marla calls. I questioned her about the letter that was sent on August 5. She said that a letter was sent on August 5, and that because I didn't respond they issued an inspection on August 5. How can I respond to a letter I have yet to receive? Marla then told me that she needed bills sent showing usage or charges from August 5 - 10 to prove my property wasn't abandoned. WOULD I REALLY BE GOING THROUGH ALL OF THIS FOR A VACANT PROPERTY? I verified that she had received my water, sewage, cable, Internet, and phone bills that I had just paid, and she said yes. The only bill I don't have (paperless) was electric. I informed Marla that wires and boxes had been removed so they could rewire, and upgrade all electrical equipment in the home. Therefore there is no meter for anyone to come out and read. I then told Marla that I had to go because Ron was here, and so was the Assistant Chief of Police (coming to close out the report). Ron informed the Asst. Chief that he attempted to call Five Brothers on Saturday, August 8, to inform them that the property WAS NOT "vacant". Since it was a Saturday no one was there, so he carried out his orders. He stated that he gets all his orders from Five Brothers, and that Five Brothers gets theirs from US Bank. He also stated that he realized a big mistake had been made when he received that "super rush order".
Today is Thursday, August 13, and I received a letter from August 7 stating that US Bank had declared my home vacant and they would begin foreclosure unless I could prove by August 14 that my home was not vacant by providing current utility bills... DUH, I did already. So I called Marla and left a voice mail. When she called me back I informed her that I had received their letter, and was calling to make sure it was void. Marla informed me that unless I supplied all bills from August 5 to present they would begin foreclosure on my home. I informed Marla that I had held up my end of the bargain throughout all of this, and that I should not be penalized for someone else's mistake. I then asked her to verify when that original letter was sent, and she stated that she didn't know anything about an original letter... That I am the one who told her about it. She also stated that there is no type of order in my file for any inspection. Marla admitted that she would be the person to authorize such an inspection. I then told Marla about my conversations with Five Brothers, and told her that I would have no problem contacting an attorney to subpoena all of the records from Five Brothers regarding this situation. I also informed her that the "super rush order" is proof enough that the house isn't vacant, and that US Bank admitted through that action they messed up. After continuously beating a dead horse I asked for Marla's supervisor. Her supervisor is Nicole Wells... Upon transfer I was disconnected. When I called back the customer service rep informed me that my house was deemed vacant, and that I needed to supply current utility bills. I informed him that I had been discussing this all day, and all week, and that I needed to be transferred to Nicole Wells. I was transferred to her voice mail, and am currently waiting on her call.in the meantime, I called an attorney...
FYI: When discussing property as being vacant the law states that the property must be unkempt, all utilities disconnected, all personal artifacts removed, and unable to contact the homeowner for a period of 60 days. Then, and only then, can you declare a property vacant or abandoned.
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