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Success! Finally! Update to our horror story after house burned down

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mnhtnbb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 05:25 PM
Original message
Success! Finally! Update to our horror story after house burned down
Edited on Tue Feb-05-08 05:28 PM by mnhtnbb
I have posted recently about our fight with the insurance and mortgage companies after our house burned down last August.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x4203324

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x2666995

In a nutshell, the insurance co lowballed the replacement value of our house and applied a high depreciation factor (we're still fighting with them over that), but sent us a check worth about 2/3 of our mortgage last October. We endorsed it and sent it on to the lender (CitiMortgage)and told them to apply it to principal and give us a new monthly payment based on the reduced principal balance. They refused!
We hired an attorney in December to tell them they had to honor our request in accordance with NC law.
No response. In January I wrote CitiMortgage and told them we weren't making any more payments until they applied the check to the loan balance and gave us a new payment, and furthermore, I was filing a complaint
with the NC Commissioner of Banks and the BBB, and writing letters to all our political representatives if they didn't comply with our request within a week. No response, except a form letter saying our payment was past due.

Last Friday I received a copy of a letter the NC Commissioner of Banks sent to CitiMortgage giving them two weeks to present their side in response to my complaint.

I just now got a phone call from a CitiMortgage person apologizing for not having taken care of this last fall! I asked her what took so long and she didn't know. Right. I told her I hoped that the department we had dealt with would be investigated--and she promised there would be 'feedback given'. Ha!

We got everything we asked for--but only after I raised hell outside the organization and brought
regulatory authority to bear.

I still say this is a micro example of the macro problem: you have to be willing to fight these giant corporations.

Hooray! Now we're hoping to get similar results from the insurance company so we can get on with our lives.
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eleny Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 05:27 PM
Response to Original message
1. Congrats!
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mnhtnbb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 05:29 PM
Response to Reply #1
2. I love it! Demolition started today, too.
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NV Whino Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 05:31 PM
Response to Original message
3. The squeaky wheel and all that
You really have to stand your ground and keep shouting. congratulations on getting some action.
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burythehatchet Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 05:35 PM
Response to Original message
4. and for each person who refuses to surrender, 99 others do give up.
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mnhtnbb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 05:41 PM
Response to Reply #4
5. I am SO tired of fighting with everyone just to get done what's right.
It's no wonder so many people give up.

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burythehatchet Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 05:51 PM
Response to Reply #5
9. I'm one who never gives in when I know I am in the right

It takes away a lot of time and peace on mind, but the victories are sweet.
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flying_wahini Donating Member (856 posts) Send PM | Profile | Ignore Tue Feb-05-08 05:43 PM
Response to Original message
6. that's terrific! you have to fight them tooth and nail.
those SOB's stall and stall waiting for people to just give up.

You gotta fight them where they live; in court to get any justice...

and even then, it's iffy.....

Good for you!
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Dr.Phool Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 05:44 PM
Response to Original message
7. Congrats. I had the same problem with Chase 2 years ago.
But I had full replacement, and didn't get depreciated. It was a water damage claim.

I had to threaten to sue when they wouldn't apply the insurance check to the sales price of the house when I found a buyer.

I was one month away from telling them to shove that house up their ass.
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mnhtnbb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 05:51 PM
Response to Reply #7
8. By refusing to make payments, we were telling them, "come foreclose on the burned down house
and you can fight with the insurance company over what it's worth".

Somebody finally figured out it was in their best interest to take 1/3 payments for several months and let us do the fighting. Damn.
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mnhtnbb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 05:55 PM
Response to Reply #7
10. Insurance co applied 40% depreciation factor; the public adjuster
Edited on Tue Feb-05-08 05:55 PM by mnhtnbb
we have fighting on our behalf says, with 25 years in the business, he's never seen a depreciation factor
higher than 15%.

It's just an attempt at a giant rip-off.
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Yael Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 05:57 PM
Response to Original message
11. Wow -- this is INCREDIBLE news!
I am sorry you had to go through all of this.

Way to hold their feet to the fire! :woohoo:
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madokie Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 06:06 PM
Response to Original message
12. good for you to stand up for your rights
so sad so many in your case would think they had none and I bet thats what citimortgage was betting on anyway.
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roguevalley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 06:12 PM
Response to Original message
13. hugs to you, honey. I wish only the very best for you from here on
out. Bless you and your family after all this shit. First you are hurt by fire and now this. Honest to god. I LOATHE insurance companies.
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mnhtnbb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 06:33 PM
Response to Reply #13
16. Thanks. After losing everything in the fire, I could hardly believe it
when during my first conversation with CitiMortgage person last December I was told "we have to protect our interests." That's when I ended the conversation and said my attorney would be in touch--which did NO good.

I reported that comment to the person I spoke to this afternoon.
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roguevalley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 09:58 PM
Response to Reply #16
19. write this up and send it to the state insurance adjustor and attorney
general. also, sending it to your senators and reps could get some phone calls going. :) Good luck, hon.
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spooky3 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 06:13 PM
Response to Original message
14. I remember your post and I am very happy for you.
Congratulations! But very sorry you had to go through all this.

And another lesson - the government is important in fighting abuses of corporate power, and it has to do at least some part of its job competently. Unfortunately, if that NC commissioner hadn't acted, I am afraid you would still be struggling.

Thanks for showing us how it's done.
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mnhtnbb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 06:30 PM
Response to Reply #14
15. We have Dem governor and Dem state house that are responsive to constituents.
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Pooka Fey Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 07:08 PM
Response to Original message
17. Good news!
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mnhtnbb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-05-08 07:28 PM
Response to Reply #17
18. Been a long time since we've had any!
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