Go Ask Leonard
Sunday, December 28, 2014
This letter was hand delivered to my mailbox on Dec. 20th...my birthday. Thank You Sissy for hiding it from me until the 21st. It would have ruined a nice day. Can you believe the man who wrote this is a doctor? Actually a Radiation Oncologist.
And can I just say how Damned Offended I am that this individual had the nerve to address me by my first name!
A Christmas Message for my Neighbors
As we enter into the Christmas Holiday I
have spent some time reflecting on the meaning of Christmas and the Hope that
it brings to the world. This past 2 years have been bittersweet for our family
and many of you have watched as my sister and I cared for and buried our
mother. You have also no doubt followed
the progression of the Illegal Foreclosure and sale of our family home.
But first, let’s start at the beginning.
My home at 745 Overiver Drive was purchased by my Grandfather Henry Dambacher
in 1968. I was 4 years old. This Christmas Season I am celebrating my 50th
birthday. I have played in the Mangroves
where most of your houses sit now. I watched the Apollo Missions launch from
Commander Wolcott’s backyard and I helped swing the huge houseboat into the
dock using the metal rod that sits on the property line when Frank Alderman was
still our neighbor. I remember when this was an “Old Florida” neighborhood and
your neighbors were your friends. I spent most of my childhood playing on my
dock in my underwear, a practice that would no doubt get my parents arrested
today.
Over the years I have watched and grieved
as riverfront property was sold and developed. These beautiful pieces of my
neighborhood could only be afforded by the wealthiest of individuals. With
wealth came corruption
and greed and names like Morton Goldberg and Harry Lowell made an entrance into
the neighborhood. I’m sure you can find their stories on Google if you are
interested.
The early 80’s saw the first generational
turnover in this home. My grandmother passed away and my grandpa was housebound
while my mother and I cared for him here at home. During that time there was a
neighbor who would bring my grandpa communion and eventually handled the
Probate of the home when my grandfather passed away and my mother Kathleen
Kirkpatrick inherited the house. Today this same neighbor is handling my
eviction after my home was stripped from me by OneWest Bank.
The years that followed brought other new
people into the neighborhood and the climate continued to deteriorate. Property
lines that have been in place for 50 years have been challenged over mere
inches and Lee County Code Enforcement and Animal Control have been used to harass
my family repeatedly. He who has the money to hire a lawyer wins.
My grandparents were simple hard working
people who made a very good investment in 1968. An investment that was so wise
in fact that in 2006, at the height of the housing market, my Mother became the
victim of Predatory Lending. She was sold a HECM Reverse Mortgage by a company
called Financial Freedom/OneWest Bank. I’m sure many of you have seen their
commercials on TV. At the time of the signing of that mortgage it was explained
to me and my mom that when she passed away I would have the right to maintain
ownership and PURCHASE my home through the HUD Redemption Program. Since
September of 2013 I have fought with Financial Freedom/OWB to stop their
blatant violation of the Federal Guidelines that entitle me buy my home and
live out my years in this house as my grandparents and mother did. It is
truthfully the only future I have ever seen for myself. It was never a question
of funding as that was all arranged and pre-approved since prior to my mothers
passing. The increasing corruption that
has undermined our banking and financial institutions has been allowed to
prevail by our impotent Government and in the United States of America, an
honest, hardworking, taxpaying citizen has been stripped of her family heritage
by Money and Greed.
It
disappoints me deeply that my “neighbors” have changed so dramatically over the
years that the violation of my rights would be seen as a financial opportunity
for them and their displaced family members. It is most interesting to note
that this house was actually purchased by a dissolved LLC out of the State of
Nevada. Dr. Marchese is involved in at least 3 dissolved or suspended LLC’s in
that state.
How overwhelmingly unsettling it is that a
neighbor would trespass on my property 5 separate times to remove and/or
vandalize signs that I placed to exercise my First Amendment Right to Freedom
of Speech. How completely disgusted am I that the “Good Doctor” that bought my
home would place a hand written letter (Copy Enclosed) in my mailbox and be
arrogant enough to address me by my Christian name. Please feel free to visit
my Blog and read the comments from another of your neighbors who presumes to
speak for the whole neighborhood when they say they are glad to see me go.
To the neighbor who feels the need to hide
behind an anonymous Blogger Profile I say “You are a Coward!” Sign your name
and get it over with. Are you afraid of my signs? I speak the truth and I’m
saddened that many of you can’t see it through your fog of wealth and greed.
goaskleonard.blogspot.com
As I sit in our “studio” and write this letter I am
down to 11 days before I am to appear in court to receive the Order for Writ of
Possession that will force me to leave my home forever. It will come from a
judge on behalf of Dr. Marchese as represented by his neighbor Steve Buckley.
He is the same “Christian” neighbor who brought my grandfather communion all
those many years ago.
As you read this all of the signs will
have been taken down and there will be no more here on Overiver Drive. This is
NOT for the benefit of my neighbors or for Lee County Code Enforcement. I am
removing all of my signs and protest material because my “neighbors” have
trespassed and vandalized this property enough that my Sissy no longer feels
safe in the house that she was born in. My right to free speech is overshadowed
by my sissy’s right to spend the remaining time that she has available to sleep
in the bedroom where she was born in in PEACE! Rest assured that I will appear
in court on Jan. 5th and my signs are portable!
Throughout the last year there have been a
handful of TRUE NEIGHBORS who have stood by my side, offered me support and
were my “cheerleaders” throughout my battle to save my home. As you all read
this you will know which part of this letter is meant for you. To all of you who
have been my advocates, I apologize for the spectacle that I have brought this
neighborhood as I try to figure out how to start all over after 46 years in
this home. You are the people who deserve to live in a fine area such as this.
I want to thank each of you for you kindness and support. It is because of
people like you that I have any faith left in humanity at all. Sissy and I wish
you the Happiest of Holiday Seasons and an Abundant New Year.
To
the rest of you…Merry Christmas “Neighbors.”
Sunday, December 7, 2014
Friday, December 5, 2014
Come on out and say "HI!"
Heading downtown tonight to pitch my tent in front of the courthouse. Got lots of flyers to hand out!!
The Early Years
Me, Grandma and Sissy at an unknown beach. Probably Sanibel |
Shyenne and Sophia |
This NEVER happens anymore |
Henry J. "Hank" Dambacher |
John and Sophia |
The house across the canal where "The Commander" lives isnt even there. Look at all those Mangroves! |
Dad and I. There's a Rabbitat there now. |
Dinner in the dining room |
Oh God those dresses |
The house behind my grandfather is no longer there. It is now a much larger, grander house owned by Dr. Michael J. Marchese, who is the man who bought my home at hidden auction |
Flooded |
Snook |
Big Cobia. Yep! That's me. |
"Big John" Weddell owned Thrify Tackle. He and my grandpa were fishin' buddies |
Little Red Wagon. Jeff converted it into a flatbed! |
Nikki and Shy in the Cuban Laurel Tree |
So Sad...My Home Echos
Living Room
Sun Room
Front Entrance
Walking in the front door
Love this glass. Hope I can get it out without breaking it.
Kitchen
This mirror has been on the bedroom wall for 15 years at least. The night after the sale it exploded all over the bedroom and into the hallway.
My mom died in this bedroom
My sissy was born in this bedroom delivered by my grandma right here in the house.
Dining Room
Rabbitat
Letter to Local Media and State Senators Nelson and Rubio
Senators Nelson and Rubio both forwarded this letter on to CFPB submitting 2 additional, although duplicate complaints. Katie Cribbs from WINK Call for Action investigated the story and determined that they were unable to help therefore would decline to interview us. We never heard a word from Fox 4 News, NBC-2, ABC-7 or the Fort Myers News Press.
Please give us a voice! My name is Mary Dambacher. My sister
Michelle and I are 23 days away from having our family homestead sold as a
foreclosure by OneWest Bank. My mom became a victim of the predatory lending
practices of Financial Freedom/OneWest Bank in 2006 at the height of the
housing market. Let me tell you a story about how OneWest is manipulating the
Federal HUD Guidelines that are supposed to help families like us salvage their
parent’s homes from predatory HECM “Reverse” Mortgages. Financial
Freedom/OneWest and other companies like them prey on the elderly who are
desperate to maintain their independence. Then when the homeowner passes away
they deny families their right to purchase the home back.
My grandparents purchased the property in question in 1968.
I was 4 years old when we moved into this house. My sister was born shortly
after, delivered here at home by my grandmother. After my grandparent’s deaths,
my mom inherited the house. Mom was diagnosed with stage 4 lung cancer in April
2013. She passed away here at home in her bedroom on Sept. 15, 2013. All 50
years of my life were spent creating memories here. My Sissy was born in one
bedroom and my mom died in the other.
Shortly before mom’s passing I made the first contact with
OneWest to begin the process of trying to salvage the homestead from the
“Reverse Mortgage”. Since that time OneWest has continued to employ the same
unethical business practices that have them involved in multiple class action
suits concerning their involvement with IndyMac during the mortgage/foreclosure
crisis. OneWest has manipulated the Federal HUD Redemption Program Guidelines
and denied us our right to purchase the home under that program. There is a
current Federal complaint filed by me with the Consumer Financial Protection
Bureau.
This is potentially a national story as I’m sure there are
many, many more families out there who have had the same experience that I have
had with these banking conglomerates. The only way to start a grass roots
movement against the unethical business practices of OneWest and companies like
them is to have a voice. Please give us that. For all the families whose homes
are being stripped from them by these predatory lenders.
CFPB Dispute Oct.18, 2014
The following is the dispute filed in response to Financial Freedom/OneWest Bank's reply to my CFPB complaint.
I have reviewed the response provided by Financial Freedom
and feel that it only further strengthens my claim concerning the failure to
provide information and continued stall tactics used by One West Bank/Financial
Freedom to avoid settlement of this matter.
As stated in the
response I contacted FF prior to my mother’s passing and attempted to provide
any necessary documents needed to begin the settlement process. There was NO
explanation of ANY settlement options during this conversation. I was refused
any information what so ever.
As evidenced by
the response provided by FF, they have been provided with all documentation
they have requested from me including 2 pre-approval letters and a mortgage
commitment letter. I feel that the
constant requests for further documents only supports my claim.
As is also
evident from their response, the Short Sale approvals that were granted by FF
were valid for a period of less then 60 days each . Due to the fact that HECM
loans are new territory, it takes a bit of time to secure financing for the
purchase. The mortgage process is stalled every time the approval letter
expires. After the expiration of the approval letter there have always been requests
for further documents which continues to slow the process.
As of the writing
of this letter I am 35 days away from Foreclosure Sale. It is my belief that
OneWest/FF Have used these stalling tactics to avoid honoring the HUD
Redemption Guidelines. I also believe that I am being denied the final extension
letter as retribution for filing this Complaint with your organization. There
was a new appraisal completed on Sept. 22, 2014 as requested by OneWest/FF. As
of today I have received no further communication from them.
CFPB Complaint August 2014
The following is the body of the first complaint I filed with Consumer Financial Protection Bureau in August 2014.
DearSirs,
In 2006 my mother, Kathleen Kirkpatrick
took a HECM reverse mortgage on her home through Financial Freedom aka One West
Bank. 2900 Esperenza Crossing Austin,
Tx 78758. The loan # is 3000029129. Mom passed away on
Sept 15, 2013. I started contact with One West Bank prior to her death in an
effort to be proactive and express my intent to retain my family home. One West
Bank refused to talk to me at that time or offer any "salvage"
options. They never explained the HUD Redemption Program process or the fact
that there was an opportunity to retain the home built into the mortgage
process. Had this information been made
available, I would have been prepared for this retention option. I feel that
withholding this important information was the first of many stalling tactics
employed by OneWest Bank to prevent me from retaining ownership of the home.
Had I been given this information from the very beginning of this process I
would have been better equipped to manage the purchase of the home. At the time
of her death One West started foreclosure proceedings on the home and pursuant
to the HUD Redemption process, sent an appraiser out to appraise the home. At
the time of that appraisal and redemption offer I sent a letter of intent to
purchase the property. I was granted a short sale approval letter and began the
mortgage process to obtain financing for the purchase. Sadly the short sale
approval letter is only valid for approximately 30 days and then it expires and
the mortgage process is stopped, necessitating the filing of more documents to
One West Bank. In addition to the mortgage process the house had to be probated
and titled into my name as stated in mom's will. These things take more than 30
days. I have been battling this company
for over a year. To make a long story short, I am trying to obtain a third and
final short sale approval letter so I can close on the home before the
foreclosure sale date of Nov. 20th. The last approval letter expired on July
17, 2014. Prior to the expiration of this letter, I filed a third request for
extension and provided a second pre approval letter from my lender. One West
then requested an additional letter from my lender which included a closing
date. This was provided to them as requested.
I am currently set to close on a 203K refinance mortgage to settle this
matter. All I need is the approval letter from One West with enough time to get
to closing. I have requested the expiration date of said letter to coincide
with the foreclosure sale date of Nov 20th.
It is my feeling that One West is finding any way possible to stall this
process in an effort to avoid honoring the HUD redemption purchase of this
property. My family has lived in this house for over 50 years. It is my family
homestead. I would like to be able to obtain a final Short Saole Approval
letter from One West, with an expiration date that coincides with the Nov. 20,
2014 foreclosure sale date. This will allow me enough time to close on the
pending mortgage and retain ownership of my family home.
Sincerely,
Mary Dambacher
Thursday, December 4, 2014
Opening Entry
I have created this new blog in order to move my slandering of OneWest Bank away from my A Bandaid Blog and to turn "Go Ask Leonard" into it's own entity.
This is the service station that my grandpa ran in Tice after they moved here from Chicago. I'm not sure what year the pic was taken.