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Christopher Powers
Daniela Powers
2213 Heydon Circle West
re: Case # 09-5797-CA Naples, FL 34120
(239) 842-0388
Email: kitoko@charter.net
July 21, 2009
To Whom It May Concern:
mu, wife, Daniele, Bowers os
|, Christopher Powers rd as. Defendantsin the above-referenced Cagq # 0999797;
hereby submit to the Court a written response to the foreclosure lawsuit filed agairfst me-by
2.
HMO
ls
Taylor, Bean, and Whitaker Mortgage Corporation (hereafter to be referenced ag “EEW")aIn Ss
the pages that follow, | will attempt to explain and document the circumstancéthat havged 3S
to the current delinquent status of the mortgage on the property at 2213 Heydon Circle West,
Naples, FL, 34120. | will also emphasize my continued willingness and desire to bring the loan
current, provided that TBW agrees to modified terms that would enable us to remain here. My
wife, Daniela Powers, is in complete agreement with me in all matters that pertain to this Case,
and she respectfully requests that this letter serve as her written response as well. We wish to
thank the Court in advance for its consideration in this matter.
In August of 2008, we received a disbursement of approximately $4000.00 from TBW.
Apparently our escrow account had a surplus. This good news was followed shortly thereafter
by a notification from TBW that our payment for the coming calendar year (2009) would be
reduced to @$1900. This $300 reduction in our monthly payment (the 2008 payments were
$2193), coupled with the unexpected $4000 windfall, allowed our family to finally reunite. We
purchased this home in September of 2007 and enrolled our children in school immediately,
but | remained in Lake Tahoe, NV, working for Harrahs Entertainment, my employer of 13 years.
We did not think it prudent that | leave a steady income of @$55k/yr. without a similar income
source lined up here in Florida. With the lowered payment and the $4000 windfall to cover a
month or so between jobs, | was finally able to rejoin my family here in beautiful Collier County
in October 2008, and | quickly found employment with Seminole Gaming in Immokalee. With
economic conditions as they are, | knew that I couldn't expect to earn $55k/yr. in my new job,
but with the reduced payment and reduced expenses that came with relocation, | was fairly
sure that we could get by.
C0: Miedo Plaint> Ottongg ly Lah of Cau 220424However, within a few weeks of my arrival, we received some bad news from TBW.
Evidently, the $4000 disbursement they sent me from my escrow account was some sort of
mistake. In reality, what appeared to be a surplus was actually a shortfall, and the amount
would need to be made up by increasing the payment to @$2400/mo. for the 2009 calendar
year instead of the anticipated $1900/mo. | immediately did extensive calculations that
revealed the impossibility of scraping together the extra $500/month that the increase
represented. | am satisfied with my new job, and the @$40k | will earn this year will allow me
to support my family, but it will not enable me to make $2400 monthly payments on my loan
with TBW. That was immediately apparent to me, and | stopped making said payments when
the increase to $2400 took effect in January.
Another unexpected financial setback that we experienced shortly after my arrival in
Florida was the loss of my wife's income. She had been working for Starbucks Coffee Corp. on
Tarpon Bay Blvd. in Naples, earning $8.50/hr and working about 20 hours/week. However, her
store was closed permanently in November of last year (one of about 1000 store closures
Starbucks has announced as part of its "cost-cutting strategy"), and, although she was
"transferred" to another store in the area, she never received more than 8 hours in any week
she was employed there before she was finally officially laid off by Starbucks in March 2009.
The $600-$700 each month she brought home from Starbucks is sorely missed, as she has yet
to find employment in this difficult job market to replace that lost income.
I contacted the Default Department ant TBW in January of 2009 to inform them that |
would be unable to make future payments of @$2400/mo. due to financial hardship, and they
mailed me a list of documents for me to compile for their consideration in the matter. |
gathered the information they requested, and mailed it to them on January 29, 2009. | was very
hopeful at that time that they would review the documentation that | had provided and contact
me with alternative proposals that would enable us to remain in the home at terms we could
afford. To say that this optimism was hopelessly naive is, in hindsight, a gross understatement. |
have received no personal contact whatsoever from TBW after that initial mailing in January.
They have occasionally left recorded messages instructing me to contact them at a toll-free
number, where | could have the pleasure of listening to more recorded messages for up to 40
minutes without ever speaking to anyone. They also sent me three mass-produced letters over
the past few months, where the only line in a different typeface was my name, indicating to me |
that thousands of struggling homeowners were receiving identical "personal" communication |
every day. \
{truly felt at the beginning of this process that since it is the aim of the lender to keep
the borrower in the loan and out of foreclosure, and it is certainly our aim to remain in the
home, that the two parties would find some way to connect and find common ground. To
©negotiate an arrangement that would be feasible for the long term and enable us to keep our
home while at the same time enabling TBW's investors to avoid the substantial loss of a
foreclosure should have been, in my opinion, TBW's primary focus from January 29th forward.
My discouragement and disillusionment at how this has unfolded is very hard for me to fully
describe on paper. | know I signed the loan documents at closing, promising to adhere to the
terms. At that time, | made a sincere promise. However, our financial reality is no longer what it
was in 2007 when | signed off on this loan. Faced with a choice of making payments while
starving my kids OR feeding my kids while defaulting on the loan, | made the obvious decision--
one that anyone in my position would make. | feel very badly about defaulting on my financial
obligation to TBW and its investors, but my family will always be my first priority. If nothing can
be done to remedy this situation and TBW repossesses the home, we will walk our skins and
our belongings across the street, where a home identical to ours is for rent at $1100/mo.
Now | would like to roll up my sleeves and present the numerical facts as they pertain to
my inability to adhere to the terms of this mortgage. Enclosed with this letter are copies of my
six most recent weekly paycheck stubs. This income represents fully 100% of my family's
monthly monetary inflow, as my wife is currently unemployed and we receive no other income
from any other source. These paycheck stubs document our income at roughly $800/week or
@$3400/mo. With this modest amount coming in each month, a $2400 house payment would
devour over 70% of our income. If | were to dutifully send this payment off to TBW each month,
where would my wife's $369 monthly car payment come from? Where would | go for the
$260/mo. for my kids' health insurance? The list goes on and on, as everyone is aware--utilities,
food, gas, car insurance, etc. etc. The Federal Government has made a determination that no
more than 38% of a family's income should go toward the house payment, and currently loan
modifications are being negotiated with that figure in mind. That | cannot afford to pay TBW
70% of our monthly income is obvious and should not come as a surprise to anyone.
| have discussed what has led us to this point, and | have detailed our current situation.
However, what remains most important, in my opinion, for both the Plaintiff in this case (TBW
and its investors) and for myself, the Defendant, is how the matter will proceed from this point
forward. | have been of the belief that financial institutions wish to avoid foreclosure at all
costs, only utilizing it as a last resort. From our standpoint, we would also prefer to remain in
the home and avoid foreclosure. | indicated to TBW in my mailing of January 29th a continued |
willingness to work with them to find an arrangement that would work for both parties, and | |
remain steadfast in my sincere resolve to negotiate with TBW if such a sincere willingness exists |
from their side. The fact that no one from TBW has contacted me in the 6 months since my
initial contact with their Default Department does not, in my view, necessarily indicate an
unwillingness to negotiate with me. It could very well reflect the reality that they are simply
swamped with similar cases and are unable to cope with their sheer volume.
@1am unsure of what role the Court is empowered to take in such proceedings. If the role
of the Court in this matter is as an impartial dispenser of justice, passing judgment with the
evidence as presented, then clearly | have defaulted on my financial obligation to TBW.
However, should the role of the Court stretch to encompass that of an arbiter with the
authority to compel TBW to negotiate with me in order to avoid what would be an undesirable
resolution for both parties (foreclosure), | wish to state my unwavering desire to arrive at an
equitable solution to keep us in our home and TBW's investors in their investment. In the
paragraphs that follow, | will outline some potential "jumping-off points" for potential
negotiations between the parties in this Case.
The current balance of @$263k (with fees and penalties) is at a flat 7% interest for the
next 28+ years. The current terms result in a monthly payment of $2400 (with escrowed items),
and | have documented that this amount represents more than 70% of our monthly income and
is therefore untenable. The 38% figure put forth by Congress would put our payment, relative
to our current monthly income, at @$1300 (with escrowed items), and each $100 jump in the
payment represents @3% of our income, i.e. 41% of our income is a @$1400 payment, 44%
puts us at @$1500, etc. Unfortunately, at the current balance, even a reduction to 3% interest
would only result in the payment being lowered to @$1600 ($1158 + esc. items). Therefore, in
order to reach payment levels that would be realistically sustainable for the long term, a
reduction in principal balance as well as a reduced interest rate would be necessary, in my
estimation.
Currently, of the 40 identical homes on our street, approximately 12 are in foreclosure or
pre-foreclosure, and the offers being received for these homes as short sales reveal the current
market value of our home as well, because it has the same floorplan as every other home
around it. Potential buyers are offering in the neighborhood of $140k for these homes, and this
information is, | believe, verifiable in public record. This assertion is made not with the aim of
cutting my loan balance in half, but merely to reinforce that, at a balance of $263k, this home
could never possibly become an asset for us. It would always remain a substantial liability, and |
would thus have little incentive to remain current on a modification that did not include a
substantial reduction in the principal balance. The following scenarios provide only a rough
framework from which negotiations could begin--by no means am | asserting that | will only be
receptive to similar proposals. The information was obtained through the use of the online
mortgage calculator at Bankrate.com. Escrowed items are approximated at $400.00 for the
purpose of these examples.Example Scenarios
Loan Balance: $200k _ Interest Rate: 5% Monthly Payment: @$1507
Loan Balance: $200k _ Interest Rate: 4% Monthly Payment: @$1390
Loan Balance: $200k __ Interest Rate: 3% Monthly Payment: @$1280
Loan Balance: $180k Interest Rate: 5% Monthly Payment: @$1396
Loan Balance: $180k —_ Interest Rate: 4% Monthly Payment: @$1291
Loan Balance: $160k Interest Rate: 5% Monthly Payment: @$1285
Loan Balance: $160k Interest Rate: 6% Monthly Payment: @$1384
The preceding figures illustrate that, provided TBW is willing to negotiate a reduction in
principal and interest rate with me, there are numerous scenarios whereby foreclosure can be
avoided in this Case. | am financially unable to abide by the current terms of the loan, as doing |
so would starve my family. This assertion is validated by the income documentation | have
enclosed with this letter. Since | am not the noteholder, | am in no position to demand that
TBW enter into negotiations with me or to dictate the terms of such negotiations. This effort
must be initiated and agreed to by TBW, and although | would eagerly welcome such a turn of
events, | am unable to force this to come about. If it is in the authority of the Court to mandate
negotiations between the parties in this Case, | would very much welcome such a verdict and
be grateful for the opportunity to negotiate to keep our home. If the role of the Court in this
matter is merely to find for one side or the other, | am obviously in default of my obligation to
TBW and have no legal recourse that | am aware of in order to remedy this situation.
Lastly, | wish for all involved parties to know that it was never my intent to default or
otherwise cause harm to the Plaintiff. | feel badly about how this situation has developed and
for my inability to maintain my financial obligations. The financial pinch that my family is feeling
has spread to include TBW, and | acknowledge and regret this reality. | remain hopeful that
something can be worked out in order to avoid the impending foreclosure and will do
everything in my power and my budget to bring a better resolution about, should the Court and
TBW determine that such a resolution be proper and feasible. In closing, | wish to thank the
©Court for its patient consideration of this matter. We await the decision of the Court, and we
will abide by it, whatever it may be.
Respectfully,
Christopher Powers
Please find enclosed the six (6) most recent paycheck stubs from my current employer,
Seminole Indian Casino-Immokalee. They provide income documentation to illustrate current
financial hardship.WAGES
HOURS ADJ.
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TIP POOL
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