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  • CV 2005 12 3853BENEFICIAL MORTGAGE CO OF OHIOvs.HENRY, JAMES A et al--SPAETH CIVIL - GENERAL document preview
  • CV 2005 12 3853BENEFICIAL MORTGAGE CO OF OHIOvs.HENRY, JAMES A et al--SPAETH CIVIL - GENERAL document preview
  • CV 2005 12 3853BENEFICIAL MORTGAGE CO OF OHIOvs.HENRY, JAMES A et al--SPAETH CIVIL - GENERAL document preview
  • CV 2005 12 3853BENEFICIAL MORTGAGE CO OF OHIOvs.HENRY, JAMES A et al--SPAETH CIVIL - GENERAL document preview
  • CV 2005 12 3853BENEFICIAL MORTGAGE CO OF OHIOvs.HENRY, JAMES A et al--SPAETH CIVIL - GENERAL document preview
  • CV 2005 12 3853BENEFICIAL MORTGAGE CO OF OHIOvs.HENRY, JAMES A et al--SPAETH CIVIL - GENERAL document preview
  • CV 2005 12 3853BENEFICIAL MORTGAGE CO OF OHIOvs.HENRY, JAMES A et al--SPAETH CIVIL - GENERAL document preview
  • CV 2005 12 3853BENEFICIAL MORTGAGE CO OF OHIOvs.HENRY, JAMES A et al--SPAETH CIVIL - GENERAL document preview
						
                                

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4 JAMES A. & BARBARA A. HENRY 3108 Judy Drive Middletown, Ohio 45044 (513) 420-9069 16 December 2005 Government Services Center . Butler County Clerk of Courts 315 High Street Suite 550 Hamilton, Ohio 45011-6016 To Whom It May Concern: RE: CASE #: CV 2005 12 3853 DATE FILED: December 5, 2005 We have been in contact with HUD and Neighborhood Housing Agency who referred us to Legal Aid Society of Greater Cincinnati. Legal Aid Society of Greater Cincinnati is currently working on our foreclosure case as of now. My husband, James A. Henry, is 100% disabled. His illness prohibits him to work. In early 2002 my husband went to the Butler County Dept of Job & Family Services, which approved my husband for $115.00 a month starting April 2002 for Ohio disability. The Butler County Dept. of Job & Family Services then referred him to the Social Security Adi istration. On May 3, 2004, my husband was approved and received his first social security disability check for $1,115.00. My husband is currently on social security disability benefits and continues to receive $1,115.00 per month. Beneficial was aware of our situation when we were living on just his Ohio disability check of $115.00 before he was approved for social security and even lowered our monthly payment from $677.74 to $508.00 per month for hardship. When we had no income except for my husband's $115.00 Ohio disability check, we borrowed money from family and friends and sold personal belongings in order for us to continue make our payments. On October 3, 2005 Beneficial refused our monthly payment when we personally went into their Middletown branch office to make our October's 2005 monthly payment. For the past eleven years, Beneficial has always accepted our payments. Now that we have an increase in income due to his social security check and are able to make our monthly payment, Beneficial has decided to lock our account from any payment being made, forcing us into foreclosure. In the past, there have been times when our account has gone into Foreclosure Review, but Beneficial has always gave us the opportunity to bring our account to current, which we have. The employee(s) informed us that after three missed payments, Beneficial would start the foreclosure process. If Beneficial did not except our October monthly payment and the two proceeding months payments, then we would be forced into foreclosure. The employee(s) informed us that Beneficial would only accept a payment in full for our account or gave us the option of refinancing our current loan. Because my husband is still currently on social security disability benefits, Beneficial would not refinance our loan with their company. We were told that our income no longer met their guidelines. Because of Beneficial "New" guidelines, we are unable to refinance our current loan. Now, Beneficial will no longer accept our payments, which is why they are foreclosing on us.We strongly feel, that The Beneficial branch manager Peggy Kennedy misled my husband and |. Ms. Kennedy explained to us that we would be on a 30-year loan, but would need to come into the Middletown Beneficial branch office every five years to update our information. In 2000, | ask Ms. Kennedy about a statement that we received for which stated approximately $51,000.00 was due. Ms. Kennedy explained that it was a standard procedure for Beneficial to show that the total amount due was the payoff, because we were at our five-year mark and that we should continue making our monthly payments. We received the first letter concerning the balloon payment around the middle of 2001. We went into the office and showed Ms. Kennedy. We were very upset, were told not to worry, that the letter did not mean anything and that she; herself would take care of it. We were served the foreclosure papers on December 5, 2005. The balloon payment was supposed to be due, according to the loan papers on January 10, 2000. Beneficial waited five years to inform us of the situation yet, Beneficial still took our monthly every month until October 2005. We are trying to get assistance with this situation and re research all of our options. If necessary, we are prepared to sell our home as a last resort. Thank You. Sincerely, [2-17-05 DATE BARBARA A. HENRY DATE ENCLOSURE cc: Stephen D. Miles 18 W. Monument Avenue Dayton, Ohio 45042bey Svar etite BAK pau V Na Ry ackCey) ease Sees ag CT eerste | Se eae el) rere a Sem trarsiea ea aa) Ce ernCeym ear ATy Tomiie) Cay SOOCm eo eir4 3 EST LT: | 4a3Ua> Mey AUNWIWOD CO i Bale SaLLNNOD NauuvAA CNV NOJIWVH LNOWY3TD Be EMA AOI-M NTO). 0NL SADIAYWSS 1V931 B x Zz o Z oO ~ WwW KH a iu [4 o Shie) iienule LLAIOO ag LEGAL AID SOCIETY oF | 29 2 3 3 a > 2 5 VU 5 5 > = 5 é E 6 8 2 é g 3 4 a 2 € 5 6 s = S = x ° 3 € & S & 0 3 8 8 3 3 a sé & Zz 3 3 aWDXR 1117 0016782 BUTLER COUNTY DEPT OF JOB AND FAMILY SERVICES 159 CITY CENTRE MALL MIDDLETOWN OH 450420000. IMPORTANT NOTICE Wedel tlfcosbeabstatsahfbsstlalbllbaltiell JAMES A HENRY 3108 JUDY DR MIDDLETOWN OH 45044-0000 Mailing Date: . 09/18/2002 From: DONNA M ROBINSON Phone: (513) 425-8683 Ext: Dear JAMES A HENRY Worker ID: WDXRO9 Case Number: 5050451482 AGName: JAMES A HENRY yh 20h 4d wo! git yok " KEEP READING >>> Page 1 of 5 ” SEQ# 0001342 THIS SPACE FOR OFFICIAL USEONLY PRINT SEQ. 0016782 DHS 8500 (Rev. 3/01) © 5050451482/GA A/01 NOTICE TYPE: AVC HAA NySocial Security Administration Retirement, Survivors and Disability Insurance Important Information Office of Central Operations 1500 Woodlawn Drive Baltimore, Maryland 21241-1500 Date: March 30, 2004 Claim Number: 282-68-8652HA JAMES A HENRY 3108 JUDY DRIVE MIDDLETOWN OH 45044-7533 LeabababaltanesleolafestQosstabatoastbeoctalaadbachabusll vacito You are entitled to medicare hospital and medical insurance beginning May 2004. What We Will Pay And When © You will receive $1,115.00 for April 2004 around May 3, 2004. e After that you will receive $1,115.00 on or about the third of each month. Information About Medicare The monthly premium for your supplemental medical insurance is $66.60 beginning May 2004. We will start to take premiums out of your May 3, 2004 check. If You Have Any Questions We invite you to visit our website at www.socialsecurity.gov on the Internet to find general information about Social Security. If you have any specific questions, you may call us toll-free at 1-800-772-1213, or call your local Social Security office at 1-513-423-4929. We can answer most questions over the phone. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. You can also write or visit any Social Security office. The office that serves your area is located at: SOCIAL SECURITY 3860 TOWNE BLVD FRANKLIN, OH 45005 Cc See Next Page / a0ogoeg Wd TCLOMI' (Dd LONUTLEA EX'dSVLON.PBEH OL NONPLALTS282-68-8652A Page 2 of 2 282-68-8652DI Supplemental Security Income Payments are paid the month they are due. (For example, Supplemental Security Income Payments for March are paid in March.) Date of Birth Information The date of birth shown on our records is July 14, 1960. Other Important Information THIS IS A BENEFIT VERIFICATION NOTICE. Medicare Information You are entitled to hospital insurance under Medicare beginning May 2004. Medicare Information You are entitled to medical insurance under Medicare beginning May 2004. Type of Social Security Benefit Information You are entitled to monthly disability benefits. Type of Supplemental Security Income Payment Information You are entitled to monthly payments as a disabled individual. If You Have Any Questions If you have any questions, you may call us at 1-800-772-1213, or call your local Social Security office at 513-423-4929. We can answer most questions over the phone. You can also write or visit any Social Security office. The office that serves your area is located at: SOCIAL SECURITY 3860 TOWNE BLVD FRANKLIN, OH 45005 If you do call or visit an office, please have this letter with you. It will help us answer your questions. Linda S. McMahon Deputy Commissioner for Operations BEVO3.09 003222 0017Beneficial PO Box 4153 A Household International Company Carol Stream, IL 60197-4153 e HOUSEHOLD 7 James Henry (a 16.09 Barbara Henry ° 3108 Judy DR Middletown, OH 45044 4 0% Account #: 651770-00-105420 To Whom It May Concern: 408: _ This letter is to inform you that your account wit Beneficial is now in . Foreclosure Review. | have made several u! cessful attempts to try to contact you. ~~ wav 34 ove 2 os oan F162? 200,22 “HAF EZ. Your account is past due for 1016.00: 'A payment made on or before the 14th of November 2003, certified funds only, for 1016.00 will postpone the foreclosure action until we are able to make arrangements to bring your account current. At this time, your account will be locked out from any unidentified payments being made. Your account will remain in foreclosure review until you are able to make arrangements to bring this account current. If there has been a change in your situation, | am interested in working with you to cure your default. This will allow you to avoid the cost of additional fees and allows you to remain in your home. We have many different plans that may be suitable to your needs. DAW gr “ re Rich Machota 2 Unit Manager This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose.ee Beneficial PO Box 4153 AHousehold International Company Carol Stream, IL 60197-4153 ae HOUSEHOLD ** James Henry Barbara Henry 3108 Judy DR Middletown, OH 45044 Account #: 651 770-00-1 05420 To Whom It May Concern: This letter is to inform you that your account with Beneficial is now in Foreclosure Review. | have made several unsuccessful attempts to try to contact you. Your account is past due for 1216.00. A payment made on or before the 19th of January 2004, certified funds only, for 1216.00 will postpone the foreclosure action until we are able to make arrangements to bring your account current. At this time, your account will be locked out from any unidentified payments being made. . Your account will remain in foreclosure review until you are able to make arrangements to bring this account current. If there has been a change in your situation, | am interested in working with you to cure your default. This will allow you to avoid the cost of additional fees and allows you to remain in your home. We have many different plans that may be suitable to your needs. Please call me within the next,2 business days to make arrangements at 1-800-958-2540 ext. 3360. Sincerely, Pr Mh Rich Machota Unit Manager This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose.Page 1 of 7 @ . © : The Better Business Bureau” BBB T Serving Chicago and Nonner Hines wa he elas Me te) Membership Membership Recommend » CeCe Ca’ Leer Business BBB Reliability Report The Better Business Bureau Serving Chicago and Northern Illinois 330 N Wabash Avenue Suite #2006 Chicago, IL 60611 HSBC Finance Corp. 140 W Industrial Dr Elmhurst, IL 60126-1602 Telephone: (630) 758-4043 Fax: (800) 547-8646 www.Beneficial.com www.household.com www.unionplusloan.com www.hsbcusa.com www.HFC.com (Yahoo Map) The BBB reports on members and non-members, If a company is a member of the BBB, it is stated in this report, Original January 1878 Employees: 45000 Business Start Date: Principal: Mr. Craig Weaver , Customer File Open August Resolution Dept. Date: 1928 Email Address: craig.m.weaver@us.hsbc.com TOB Financial Services, Banks, Consumer Finance & Loan Companies, Classification: Credit Cards & Plans, Credit Services, Investment Advisory Service, Investment Securities, Loans, Mortgages BBB This company is a member. Membership: Additional DBA Names http://www.chicago. bbb.org/commonreport.html?bid=4757 12/14/2005Page 2 of 7 Household Recovery Services Household Life Insurance Company Household Credit Services Household Financial Services Household Finance (HFC) BBB Membership Status This company has been a member of this Better Business Bureau since April 2005. This Means it supports the Bureau's services to the public and meets our membership standards, Nature Of Business This company offers consumer loans, credit cards and auto financing. The company Operates a special complaint handling system. Customer Experience When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints. The Bureau processed a total of 5035 complaints about this company in the last 36 months, our standard reporting period. Of the total of 5035 complaints closed in 36 months, 1969 were closed in the last year. These complaints concerned: 131 Acivertising Issues 44 Saies Practice Issues 13 Delivery Issues 4 Guarantee or Warranty Issues 26 Product issues 62 Refund or Exchange Issues 48 Contract Issues 408 Customer Service Issues 4235 Billing or Collection Issues 47 Service or Repair Issues They were closed as: 4442Resolved 593 Administratively Closed Competency Licensing This company is in an industry that may require licensing, bonding or registration in http://www. chicago. bbb.org/commonreport. html?bid=4757 12/14/2005Page 3 of 7 Order to lawfully do business. The Bureau encourages you to check with the appropriate agency to be certain any requirements are currently being met. These agencies may include: Illinois Department of Banks & Real Estate 310 S. Michigan Ave. Chicago, IL 60604 (312) 793-3000 Company Management Additional company management personnel include: Mr. Gregory L. Snyder - Director Corporate Relations Ms. Loretta Abrams - Director Consumer Affairs Ms Theresa Nicchia - Dept Manager Ms. Jada Howard - Customer Resolution Dept. Government Actions On October 11, 2002, Household Finance reached a settlement with 19 States’ Attorneys General and other regulatory agencies concerning charges that the company violated state laws by misrepresenting loan terms and failing to disclose material information to borrowers. As of December 16, 2002, all 50 States’ Attorneys General and the District of Columbia agreed to Participate in the settlement. Under the settlement, Household agreed to: pay up to $484 million in restitution to consumers nationwide, limit Prepayment penalties on current and future home loans to only the first two years of a loan; ensure that new home loans actually provide a benefit to consumers prior to making the loan; limit up-front points and origination fees to 5%; reform and improve disclosures to consumers; reimburse states to cover the costs of the investigations to Household's Practices; and eliminate "piggyback" second mortgages. Each state will design its own restitution plan as lending practices vary significantly from state to state. The details of how affected consumers can obtain restitution through the settlement will be announced at a later date. On Wednesday, March 19, 2003, The Securities and Exchange Commission issued a cease-and-desist order accused Household of giving materially "false and misleading" information about the company's policy on dealing with delinquent loan payments. Essentially, the government said Household failed to adequately inform investors about its restructring policies for delinquent loans, which in some cases allowed loans to be reset automatically after a missed payment without an assessment of a borrower's continued ability to repay the loan. “Restructring policies directly impact a financial institution's reported delinquency rates, which analysts and investors use as a key measure to evaluate the financial condition of a company like Household". said Mary Keefe, director of the SEC's Chicago office. http://www.chicago.bbb.org/commonreport.html?bid=4757 12/14/2005Page 4 of 7 SEC officials noted Household's cooperation with the investigation, and legal experts said that may have played a role in the company not being fined, despite the cease- and-desist order. SEC officials said the investigation is continuing but declined specifics, Additional DBAs, Addresses and Telephone Numbers Additional DBA Names Household Mortgage Services Beneficial Household Retail Services Household Bank VISA Household Finance Corporation Household Finance Company Household Bank FSB Household Bank Na Illinois Household Automotive Finance Corporation HRS Household Loan Ameritech Complete Card Union Plus Card USWEST Mastercard Capital Financial Services, Inc. Union Plus Loan Program GM Card Beneficial Finance Beneficial Illinois, Inc. Household Finance Household Finance & Subsidiari Household Retail Service, Inc Household Bank (SB, N.A.) Household Bank Retail Services Orchard Bank Master Card Orchard Bank Beneficial GM Card, The Union Plus Master Card HSBC Retail Services Beneficial Finance Corporation Beneficial Finance Beneficial Inc Household Bank Credit Services Household Bank Household Retail http://www.chicago. bbb.org/commonreport.html?bid=4757 12/14/2005Household Investigations HFC Union Plus Credit Card Program Household (now Known As HSBC) HSBC Auto Finance HSBC Auto Credit HSBC Auto Account HSBC Card Services HSBC Bank Nevada HSBC Consumer Lending HSBC Mortgage Services HSBC Mortgage Services Warehouse Lending HSBC Retail Services HSBC Taxpayer Financial Services Decision One Mortgage Corp. HSBC Mortgage Corp (Buf) Additional Addresses 2700 Sanders Road Prospect Hts., IL 60070-2701 Tel: (847) 564-6110 PO Box 4144 Carol Stream, IL 60197 577 Lamont Rd Elmhurst, IL 60126 P. O. Box 703 Wood Dale, IL 60191 P.O. Box 52222 Carol Stream, IL 60197 140 Industrial Dr. Elmhurst, IL 60126 312 S Mclean Blvd #B Elgin, IL 60123-7137 P.O. Box 4153-K Carol Stream, IL 60197 961 Weigel Dr. Elmhurst, IL 60126 http://www. chicago. bbb.org/commonreport.html?bid=4757 ee Page 5 of 7 12/14/2005Page 6 of 7 PO Box 5219 Carol Stream, IL 60197 P.O. Box 4155 Carol Stream, IL 60197 Post Office Box 4153-K Carol Stream, IL 60197 PO Box 415 Carol Stream, IL 60197 P.0.Box 80084 salinas, ca Chicago, IL 60601 PO Box 703 Wood Dale, IL 60191 703 N. Wood Dale Rd. Wood Dale, IL 60191 P. O. Box 1453-K Carol Stream, IL 60197 P.O. Box 59570 Schaumburg, IL 60159 PO Box 9000 Prospect Heights, IL 60070 PO. Box 9000 San Jose, CA 95128 Additional Phone Numbers (630) 758-3805 (800) 365-8389 (800) 391-6311 (800) 959-1373 (800) 307-5626 (800) 365-2027 (800) 365-0197 (800) 216-1013 (503) 293-4037 (847) 741-4285 (813) 612-8997 (800) 622-2580 (800) 457-5779 (800) 333-1630 (800) 210-8115 (800) 343-7097 (407) 859-7720 (800) 395-4576 http://www.chicago. bbb.org/commonreport.htm!?bid=4757 12/14/2005Page 7 of 7 (630) 758-3836 Additional Fax Numbers (847) 564-7094 Additional Email Addresses info@bbbsilicon.org Industry Tips Contracts As with any business transaction, be sure to read all agreements, guarantees, and instructions before signing. Do not be pressured into signing an agreement before you are ready and you understand all terms and conditions. Make sure all oral promises are put in writing. Be wary of vaguely worded provisions, exclusions or limitations which could pose a problem later. Never sign a contract with sections left blank. If you would like to listen to a tip on "Conventional Mortgage Insuranc" 24 hours a day please call the Better Business Bureau's Tel-Tips line at (312) 832-0500 and press 8# and key in tip number 421. The Bureau has many other Tel-Tips on a wide array of topics please call 24 hours a day to hear the menu of topics. Credit Cards and Charitable Causes Evaluating Unsolicited Credit Card Offers Online Credit Cards - Look Before you Click! Debit Cards Still Confusing to Many Consumers Mortgage Choices Shop, Compare and Negotiate -But Move with Caution When Refinancing Your Mortgage Report as of December 14, 2005 Copyright® 2005 Better Business Bureau®, Inc. BBB reports may not be reproduced for sales or promotional purposes. The information in this report has either been provided by the company or has been compiled by the Bureau from other reliable sources. As a matter of policy, the Better Business Bureau does not endorse any product, service or company. BBB reports generally cover a three-year reporting period, and are provided solely to assist you in exercising your own best judgment. Information contained in this report is believed reliable but not guaranteed as to accuracy. Reports are subject to change at any time. http://www.chicago.bbb.org/commonreport.html?bid=4757 12/14/2005