"To Make It Through Each Day"
Orlando, FL, USA
female, age 53
single, 1 child
Joined Apr 29, 2009
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This letter has been sent to the following:Senator Bill Nelson Bill@billnelson.senate.gov &email@example.com ate.gov
OCWEN Mortgage Company
AllState Home Office
Bank of America
Project Hope for Housing
The Law Firm of Katzman, Garfinkle & Burger
The Law Firm of Rumberger, Kirk & Caldwell, PA
W W W
I did not choose this. Please FW
I encourage ALL who receive this to feel free (in good judgment) to FW my
email to anyone who could possibly be of any type of assistance to my
daughter and I.
MY HOME: 438 Briercliff Drive, Orlando, Florida 32806
(Please see copy & pasted BOA page below prior to reading-thank you).
I need to save my home...a 15-year mortgage on a $78,000 (approx.) home, bought in 1998.Now I owe more than $ 100,000.
I tried going this route, seeking a modification on the amt. of my mortgage and lowering the interest rate (with BOA) 4 & 6 years ago on two separate occasions
and was denied., without ever being told why.
In turn, BOA sold my mortgage to OCWEN Mortgage Company knowing it was
severely Hurricane damaged (2004 hurricanes),
knowing that here was still an on-gong case with AllState Insurance to
repair my damaged home.
I initially had a FIXED interest rate when I bought my home (1998), which
mysteriously changed to a variable interest rate by BOA.
I have applied to the Hardest -Hit Fund (a Project Hope for Housing
division) in November 2013.
I was denied...I found this out thru an indirect email (I NEVER received
any written denial or email denial from the Hardest-Hit Fund from my
Case Advisor Mr. Brian Sly, (email: Bsly@projecthopeforhousing.org).
The indirect email came to me via correspondence with Senator Nelson's
office. . The email stated I” abandoned my home.”
I was denied assistance from the Hardest-Hit Fund because I had to stay with my dying Aunt for eight months (at her home) and care for her 24/7 until she passed.
During this time, I could not stay in my home
My ten-year old daughter and I stayed at my Aunt's home for these difficult
eight months. Additionally there were the burial and legal issues that had to
In August 2013, my daughter and I were in the process of going back to our
However, it was evident that during our absence the interior
mold (from the hurricane damage of 2004) had grown even more.
I do not know what to do at this point: risk my daughter's and my health by
staying in my home?
FEMA declared it "an unsafe structure" back in 2004. AllState insurance was
aware and yet did not honor the two separate Contractors estimates (for
repair) from Full-Sail-Builders and an Independent Contractor hired by
AllState. AllState Insurance also ignored the Mold-Assessment submitted for contractor repair (2005).
During the 2004 & 2005 years, I was in direct contact with
Loraine (personal secretary to the CEO of AllState in Illinois).
Loraine assured me that temporary housing and or a trailer would be
available to my daughter and me during this time.
I am sad to say that none of her assurances and promises was honored.
Had AllState (via Loraine) come thru with their promises I believe my
Mother, Jeanette V. McCoy, (then 80) would still be alive today. My Mother
was living in my home at the time as she needed wound-care and 24-hour ADL
assistance. Subsequently she also had to relocate to an elderly friend’s
home (in Winter Park) which provided no assistance.
She died in the Emergency Room from Sepsis, December 7, 2005.
I still find this unbelievable as I am typing...it was an event that will
never leave my memory or my daughter's.
An avoidable traumatic event that could have been avoided.
During this time, I was scrambling to find hotels to stay in (with my then
infant daughter). I suffered a small CVA.
It was a horrific experience to say the least. Hotels were difficult to
come by, as everyone was so booked.
On more than one occasion, we had to stay in the car for the night, parked
in my driveway. This was not the best of choices as my car had been
waterlogged from all the torrential rain and water that we had to drive
Eventually I was able to find a temporary rental and The Mustard Seed (via
the Red Cross) was able to provide the needed bed, crib, table, chairs,
etc. This was only after all paperwork was submitted. My infant daughter
and I had to sleep on the floor of this rental for 2 weeks before we were
During our stay at this rental, I was in contact with AllState and they
would not honor the contract from Full Sail Builders Construction.
Furthermore Mr. Cox, my Case Manager from AllState Insurance told me (on
more than one occasion)" that I would have to clean up the Hurricane damage
or find a local company that would and then they would have to approve.
I did eventually find a company that could do the water/plaster clean-up
only to be told by Mr. Cox "AllState would only pay for a
'light-cleaning', which did not include fallen plaster removal, water
I opted not to wait for any more false promises from AllState and attempted
to clean up the fallen-ceiling and storm-water residue
and remove the appliances/furniture, etc that had been damaged beyond
It was during this 'clean-up' that a large piece of plaster fell (from the
fallen-in ceiling) and broke my nose. I tried to work through it but the
pain was very bad.
I went to pick-up my daughter (at the neighbors) and drive back to our
Upon arriving at the 227 Summerlin Drive rental, I was met by 5-6 police
cars that had surrounded the duplex.
With blood all over my shirt and face and a nose twice its size I pulled into the driveway only to be told by the OPD:"your place has been
burglarized and they trashed it pretty well-backed their truck right up to your door and kicked it in.” Our 3 lb. Maltese was also terminally injured by the burglar's on that day.
To summarize I never made it to the Emergency Room to address my fractured nose...I had my 3 year-old daughter and a rental filled with smashed,destroyed, salvaged items (from my Briercliff home) . All the expensive
electronics, computers, printer, etc .were taken, as well as my purse, content’s and food items. Priceless photos were destroyed as well as my daughter’s videos, etc.
We were/are living 150% below the poverty level, on State Assistance-, bad things DO happen (more often for some).
Nothing was ever recovered from the theft.
I immediately made AllState aware of this burglary.
I was sent many papers to fill-out for the stolen items and items that were broken during this large burglary.
I then returned this list to AllState...and that was the last I heard from them.
AllState dropped the ball, abandoning my daughter and I.
I reluctantly found a lawyer who could assist us at the then Garfinkle Law Firm, Maitland, Fl., Brian Wicklandt.
He and his wife Melissa promised me that they would take care of these on-going issues with AllState and I put my trust in them.
My boxes of receipts and documents had grown and Mr. Wicklandt and his wife
offered to take them to the law office with them.
This was 2006 approx.
To date I have found out that:
1. Mr. Wicklandt was not licensed to practice law in Florida..
2. All of the records/documents that he had taken from my home to his
office are GONE.
3. The "replacement" lawyer from the now Katzman, Garfinkle & Berger Law Firm, Maitland, Fl.: Mr. Chad Lucas has
NONE of my documents/records/receipts.
4. Mr. Chad Lucas abandoned me after eight years (time that the Law Firm
had me as a client) via a Court-Appointed Motion To Withdrawal-I received
copies of the letter AFTER the fact. I had no opportunity to go to this
'Motion to Withdraw' Court appointed meeting to find out the reason for my lawyer's withdraw. The Judge (KEST) even
transferred my case after 8 years (now Judge GRINCEWICZ).
It is now 2014.
I have had TWO depositions with the AllState lawyer, Mr. Darryl Gavin, (of the Rumberger, Kirk & Caldwell, P. A., Orlando office). Email: firstname.lastname@example.org.
I have no representation.
I have nothing to show for TEN years of living through deplorable circumstances other than a ten-year old daughter who is emotionally scarred by living through this trauma and the rapid decline of my health due to the magnitude of stress that permeates my every waking/sleeping moment.
I have tried and tried to right this wrong-the wrong being that AllState Insurance Company (that I had my home and car insured with) repeatedly made promises that were never kept and had they been honored my home would not be in the deteriorating ,deplorable, unsafe, mold permeated state it is in now.
In contacting the Department of Children & Families (who is very familiar
with our last 10 year story), I was told that my daughter and I are"classified as "Homeless" and that we should get our names on the Section 8 Housing List ASAP.
I think TEN years is long enough. Ten of the most important years of my daughters life, taken from us while I tried to obtain help from AllState.
I do not think I am living in the past, or living in some fantasy world by simply demanding and repeatedly asking the lawyer, the insurance company,
Senator Nelson, Florida Bar etc. to right these wrongs.
I am not a lawyer; I am a single parent and desperately want to save my
home from foreclosure.
My home of 15 years is now in Foreclosure-pending.
I need to save my home for my daughter.
I need assistance in any form.
I would appreciate any reply from anyone (that has a sincere interest) to
please contact me..
Thank you sincerely,
Andrea C. McCoy
TO DATE: Senator Nelson's ofiice has told me:"not to send any further emails regarding this matter".
Additionally: Darryl Gavin,the lawyer representing AllState has BLOCKED me from corresponding with him via email.
An official website of the United States Government Español
> THE MORTGAGE COMPANY WHO NOW HOLDS MY MORTGAGE
> OCWEN Mortgage Company
> (Their Web-page does not allow copy & paste)
> Ms. Felicita Nunez, Specialized Home Retention Consultant
> Loan #7110779399
Dec 19 2013 Explainer: What the multi-billion dollar Ocwen enforcement action means for you
Along with authorities in 49 states, and the District of Columbia, we’re filing an order requiring the largest nonbank mortgage loan servicer in the country, Ocwen Financial Corporation, to pay for years of systemic misconduct in mortgage servicing. The misconduct included unfair shortcuts, unauthorized fees, deception, illegal foreclosures, and other illegal practices. Ocwen will be required to provide $2 billion in loan modification relief to its customers and $125 million in refunds to consumers whose homes were foreclosed.
Since 2009, Ocwen has been taking advantage of homeowners with shortcuts and unauthorized fees and deceiving consumers about loan modifications. We have mortgage rules that will take effect in January 2014 that establish strong protections for struggling homeowners facing foreclosure.
We have answers to some of your questions about this case:
Q: What is a mortgage servicer and how do I know if Ocwen services my loan?
A: The company that you make your monthly payment to is your mortgage servicer. Many of the loans administered by servicers are owned by third-party investors, so they may or may not be a lending institution and may or may not own your loan. A mortgage servicer administers mortgage loans, including collecting and recording payments from borrowers. A servicer also handles loan defaults and foreclosures, and may offer programs to avoid foreclosure to assist delinquent borrowers.
You can find out whether your mortgage is serviced by Ocwen by calling (800) 337-6695 or emailing your question to ConsumerRelief@Ocwen.com.
Q: How will I know whether this settlement affects me?
A: This settlement involves Ocwen and two companies recently purchased by Ocwen: Litton Loan Servicing LP and Homeward Residential Holdings LLC (previously known as American Home Servicing, Inc. or AMHSI). If your loan was serviced by Ocwen, Litton, or Homeward, you lost your home to foreclosure between Jan. 1, 2009 and Dec. 31, 2012, and if you meet other criteria, the settlement administrator will mail you a notice letter and claim form.
For loan modification options, you may be contacted directly by Ocwen. You can also contact Ocwen for information about specific loan modification programs and find out if you will be impacted by this settlement. You can reach Ocwen by calling (800) 337-6695 or emailing ConsumerRelief@Ocwen.com.
Q: Will there be payments to foreclosure victims?
A: Yes. The settlement administrator will mail Notice Letters and Claim Forms to borrowers who lost their home due to foreclosure between January 1, 2009 and December 31, 2012, whose loans were serviced by Ocwen, Homeward, or Litton, and who meet other criteria. Borrowers who receive payments will not have to release any claims and will be free to seek additional relief in the courts.
Q: How do I know if I am eligible for payment as a foreclosure victim?
A: You are eligible if you meet the following requirements:
Q: If I am eligible for foreclosure relief, how much will I get?
- Your home was foreclosed between January 1, 2009 and December 31, 2012.
- At the time of foreclosure, the loan was serviced by Ocwen, Homeward, or Litton.
- You made at least three payments on the loan.
- You lived or intended to live in the property as your principal place of residence at the time of the origination of the loan.
- The property was a one-to-four unit residential property.
- The unpaid principal balance of the first-lien did not exceed $729,750 for a one-unit property, $934,200 for a two-unit property, $1,129,250 for a three-unit property, or $1,403,400 for a four-unit property.
- You make a valid claim.
A: That depends. All consumers who successfully file eligible claims will receive an equal payment based on the total number of successful claims.
Q: What about those borrowers who continued making payments?
A: Borrowers who are current on their payments but are nonetheless struggling to make their payments and are “underwater” on their mortgages may qualify for loan modifications that will result in reductions in principal.
For loan modification options, borrowers may be contacted directly by Ocwen.
Borrowers can also contact Ocwen themselves to obtain more information about specific loan modification programs and inquire whether the borrower may be impacted by this settlement. You can reach Ocwen by calling (800) 337-6695 or emailing ConsumerRelief@Ocwen.com.
Q: What laws did Ocwen violate?
A: Ocwen is charged with engaging in unfair and deceptive acts or practices in violation of the federal Consumer Financial Protection Act and state laws. Ocwen’s unlawful conduct has resulted in injury to consumers who have had home loans serviced by Ocwen, Litton , and Homeward. The harm includes payment of improper fees and charges, unreasonable delays and expenses to obtain loss mitigation relief, and improper denial of loss mitigation relief.
We have some more answers to specific questions about the Ocwen settlement.
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