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

Still looking for a voice!


Old Courthouse, Lee County Florida



We Contacted all 4 news channels and the Newspress. They all declined an interview.

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
Sissy and I are going to try to cut the fish cleaning thingy off the dock and put it at my dads.
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

I wonder if they will interview us now?




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.