June 29th, 2010

Dear Senator David Vitter, PHH Mortgage Staff, USAA, and the HAMP staff (Home Affordability Modification Program):

Attached is a copy of the letter PHH Mortgage sent me notifying me that they intend to foreclose. The attached letter is dated June 22, 2010 in regards to PHH Mortgage and USAA’s intent to foreclose. I made a payment of over $3000 dollars in June 2010 because Mary Ann Lynn of the Loss Mitigation department told me to pay the back Forbearance payments, and that the Home Affordability Modification Program staff would help me to get into a permanent affordable modified mortgage. I made the payments, and they helped me alright, they sent me a letter with the intent to foreclose.

I still say this is fraudulent on the part of PHH Mortgage, since they had no intention of helping me. Now they are demanding over $8,084.05 cents within 30 days or they will file a foreclosure. Plus now they are hitting me with late charges and I don’t see any credit or acknowledgement for the $3000 June 2010 payment. Also, USAA raided both my grandsons savings accounts and took approximately $4000 dollars from their accounts. Their excuse was that my grandsons accounts were connected to my account as far as them being minors.

How come no one is helping me to fight PHH Mortgage and USAA? The stuff they are doing should be illegal, and it’s not going to kill them to lower their interest rate by 2 to 4 points and place my back payments at the end of my mortgage.

Also, I got their intent to foreclose letter on June 28, 2010, and their letter is dated June 22, 2010. That means I have less than 30 days. I have until approximately July 21, 2010 before they foreclose on me.

I don’t understand, I have income, I am disabled with my fourth back surgery that happened in December of 2007 when i was hit by a drunk driver, and that was after my mortgage with PHH and USAA. They should want to help me, but they would rather foreclose on me and kick me to the streets, than to lower their interest rates or the principle owed. I think if they were just willing to lower their interest rates and apply the back payments to my mortgage, I would be able to afford to stay in my home. There should be help for the disabled, and protection from mortgage companies like USAA and PHH Mortgage.

Please help me, I don’t want me and my grandson living in the streets.

Also attached is my June 2010 payment of over $3000 dollars.

I got an email from the Executive Communications Department, the office of the CEO of USAA telling me they would get back to me. They never did, and now it’s clear all the way up to the CEO of USAA that they would rather kick a Disabiled US Veteran to the streets than to lower their interest rates or modify a mortgage.

I am also sending a copy of this email to the Insurance Commissioner, and Governor of the State of Texas asking them to look into what USAA and PHH Mortgage is doing to me.

David Craig Mastrianni
PO Box 87212
Baton Rouge, Louisiana  70879
Email: davidmastrianni@live.com

CC:

Office of the Governor
P.O. Box 12428
Austin, Texas 78711-2428
Office of the Governor Fax:
(512) 463-1849 

Office of the Governor
State of Louisiana
PO Box 94004
Baton Rouge, LA 70804-9004
Phone: 225-342-7015 or 866-366-1121 (Toll Free)
Fax: 225-342-7099

Washington, D.C. Office
Senator David Vitter

516 Hart Senate Office Building
Washington, DC 20510
Main: (202) 224-4623
Fax: (202) 228-5061

Insurance Commissioner
Texas Department of Insurance
P.O. Box 149104
Austin, TX   78714-9104

Texas Department of Insurance
Advertising (111-2A)
P.O. Box 149091
Austin, Texas 78714-9091

Texas Department of Insurance
Consumer Protection (111-1A)
P.O. Box 149091
Austin, Texas 78714-9091

Texas Department of Insurance
Financial Analysis (303-1A)
P.O. Box 149099
Austin, Texas 78714-9099

Louisiana Housing Finance Agency 
2415 Quail Drive, Baton Rouge, LA 70808 | Main: 225.763.8700 | Toll-Free: 888.454.2001 | Fax: 225.763.8710 |

Copyright 2010, David Craig Mastrianni, All rights reserved