Emery & James Johnson5300 E. Desert Inn Road, #H-280Las Vegas, Nevada 89122-4068 Phone/Fax (702) [email protected]
Dear Sirs;
We are formally filing a complaint against Vanderbilt Mortgage & Finance aka (Ford Consumer Finance) 1 (800) 970-7250 address 500 Alcoa Trail Maryville, TN 37804 for illegal and fraudulent business practices including wrongful eviction.
We were given no prior notice of intent to forcefully evict or that a problem existed, notice by mail or phone or posting on our door.
The Sheriff of Clark County, Nevada attempted to forcefully evict myself Emery Johnson and my brother James Johnson from our residence 3001 Cabana Dr., F-194 Las Vegas, NV 89122 on July 08 for as the Sheriff stated “Non Payment of Mortgage since October. Though the Sheriff was intent on carrying out his duty to evict as per the court order, I insisted we had not missed a single payment in over 6 (six) years I produced cancelled checks as proof. The Sheriff agreed to let me phone Vanderbilt (Ford Consumer Finance) the mortgage company on record and we were allowed to hold off eviction until Monday July 12 an additional 4 days.
After the Sheriff and the (6) six Metro Police officers left, I immediately phoned U.S. Loan Servicing PO Box 400788 Las Vegas, NV 89140 (702) 362-1234 Loan No.: 010156700 and spoke to Vice President Doll Stikeleather the third party payment processing company who we paid directly, who in turn forwards our payments to Vanderbilt (Ford Consumer Finance). Because we assumed our loan from Jerry Shmuckler currently residing at 5805 W. Harmon Space #1 Las Vegas, NV 89103 (702) 326-7584 the original owner of the premises, this is the manner in which we were forced to make our payments.
Ms. Stikeleather of U.S. Loan Servicing confirmed we had not missed a payment in the entire (6) six years of our loan with them and emailed a copy of our payment history with U.S. Loan Servicing as well as a print out of U.S. Loan Servicing History of payments forwarded to Vanderbilt (Ford Consumer Finance). Both have been submitted the Regional Justice Center as our proof we are not in arrears as well as our $250.00 Bond. Ms. Stikeleather as a courtesy to us phoned Vanderbilt (Ford Consumer Finance) 500 Alcoa Trail Maryville, TN 37804 and spoke to a Manager named Shane 1 (800) 970-7250 x5921 who insisted they had refunded moneys to us accordingly: An undisclosed amounts in November and December $1279.00 March 22 and $639.72 on June 20. Ms. Stikeleather asked Shane was he certain you paid Mr. Johnson, Shane stated we know who are making the payments on this account. She asked further what address did you send the payments to, Shane stated the 3001 Cabana address None of these sums was received by us. When Ms. Stikeleather pressed Shane further about signatures on their cancelled checks he refused to comment further and stated I am only authorized to discuss this matter with Mr. Johnson and terminated the conversation.
I called Vanderbilt spoke with Holly and asked to speak with Shane she advised he is unavailable. So I asked her about our account she advised our account is delinquent as of May. I phoned Vanderbilt about a hour later spoke with Justin Tucker he again stated Shane is not available, he did advise Jerry Shmuckler filed a bankruptcy in June and after the bankruptcy was finalized they attempted to contact us, I advised we only received a certified letter addressed to Jerry Shumucker who the mailman refused to release to me because I was not Jerry Shmuckler. He also referred me to David Neal of their legal Dept. X2832, I left a voicemail message. Justin reiterated refunds go to the party who sent the payment, I explained Doll of U.S. Loan advised no money was refunded to them nor has a refund been sent to us. So I asked did Vanderbilt send the refunds to Jerry Shmuckler, again he retorted refunds go to the party who sent the payment.
We have had a contentious relationship with Vanderbilt and Jerry Shmuckler in the past. Everyone you speak to at Vanderbilt has a different story.
This deliberate act to deceive and defraud us and the courts with this bogus libelous and grossly inaccurate claim is a bold face lie and a crime. This malicious and harmful act was intentionally intended to severely harm, embarrass and punish Emery and James Johnson and has thus far done as much. To deliberately hide (10) monthly payments is no mere oversight, it is malicious forethought and willful misconduct. For six years we’ve been sending our checks to the same company U.S. Loan Servicing, who in turn has been sending our payments to Vanderbilt, at the same address for these past six years. Now all of a sudden, these past 10 months, you claim you haven’t gotten any payments… even though U.S. Loan has supplied the proof, showing we haven’t missed a payment.
Please impose severe penalties (i.E. Forfeiture of Property address 3001 Cabana Dr. #F194, and more) against Vanderbilt Mortgage & Finance and Ford Consumer Finance for perpetuating this horrendous fraudulent complaint against Emery and James Johnson, causing inconvenience, severe financial hardship and pain and suffering, etc. James is disabled (partially paralyzed), diagnosed with cancer 12/09 and is on a fixed and limited income. We are unable to pay an attorney to fight this action, please help us. Thank you for all of your consideration and all of your efforts on our behalf.
Sincerely;
Emery and James Johnson
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