Work in Progress ents
mera Expo Home Ceiiter
Retall Price
Model: Sweetwater
‘27 SA
GM2-Y
68,062.00
Factory DirectDiscount
Sold “by TA adveA
(8,188.00)
SUB-TOTAL1
$58,874.00
Addendum “A” Upgrades
1,264.00
Unpgrades/Options/Features Miscellaneous
G4)
-
DecemberSales Promotion Discount
_
-
Ct
(t4)|-
(12,356.00)
Manager's Discount
"
G4
(793.00)
Misc #3: 5-0
7
0
~
7,
=
ey
Misc’ #4:
Te
ae
2
“-
(percent)|
~~
0.00
Misc #5:
~
.
-
:
soe
(percent)
0.00
OutofState Tax Credit
[]
:
VIP Muit. Discount
4
0.00
SUB-TOTAL 2
$46,989.00
ViT
0.1783%
84.00
DocumentPreparation
‘
395.00
Freight
(+)
2,500.00
| {Setup {Block, Level, Tie-Down}, Trim-Out, 1.Set of Steps--
0. 5-2 AAs ae. 3,600.00
6 Year Extended Service Contract $1995
Not Purchased
0.00
| [4-Ton 43 Seer CoolingSplitSystem wi.t0-Yr Parts &Labor Warranty
_(#/)|
|
_2,530.00 |
TOTAL
$55,998.00
Down Payment
ft
Oye we
Additlonal Payment as Agreed
ey
a
Unpaid Balance
,
$55,998.00
No other roprasentallons, inducements, or verbal promises have baen made which are not contained in this contract.
x
LaddPel/
David Buck Faclory Expo Representative
Date
x
Factory Expo General Manager
Buyer
Date
Page 3
Addendum "A"
Factory Expo Home Center (03/2008)
™4212712014
DEC 2014 REV.
Correspondence Logs - Cruz, U.S. Department of Housing and Urban Development Correspondence (2013-2017)
FOIA - U.S. Department of Housing and Urban Development · Oct. 12, 2017
This document concerns: Cruz, Ted, Heller, Dean, Jenkins, Evan, Cramer, Kevin, Rokita, Todd
This collection comprises congressional correspondence between various Senate and Congressional offices and the U.S. Department of Housing and Urban Development regarding federal housing grants, mortgage program approvals, and disaster relief measures.
Congressional Correspondence disaster-relief housing hud mortgage nevada
Document text (pages 301–400 of 437)
aybI9
acto
po
customer:
Model: Sweetwater.-
Storm Windows
Hardie PanelSidin
OTAL FOR ADDENDUM"A"
xX
x
DATE: (#°#7-7/
Page 2
Factory Expo HomeCenter (03/2008)
12/27/2011
$1,264.00
Addendum "A*
DEC 2011 REV.
Please attach a copy of ail written notifications, any certified mail receipts, and your contract or purchase agreement,
Section D
Manufacturer:
[CAVGBO
ach%ryExpe| Width: 4%
7
[Length
3% 7
Year Model:
| CAVLe
[Purchise Date:
[/A-27-/7
[Newey
Used)
HUDLabel or Texas Seal ts: ASTA/S6 326 3
Complete Serial #s) WTQs oG Fee GZ
NTASEE Zab
Date Installed:
la fer7fe a
[ County where homeistocated:
[| Bee -ave7z
Physical
Pre)
Address of home:
Siaen
Sy oe)
Fre OO el
Was homepurchasedbyitself (as personal property) or with land (as real property)? Personal ()
Real?9
Do youhavea title or a Statement of Ownership and Location in your name?
Yes
([#1
No
(fF} Ifno,
please attach a copy of any ofthe following documents that you mayhave: Bill of sale, purchase agreement, any
title
docu:
ry
Kb){6)
Name
Address
City
State
Zip
Section E
Howto locate thé HUDlabel number on the manufactured home.
Back End
TowBar End
of Home
Ts Front End
The aluminum HUDlabelis 2" x 4” and has a threeletter prefix, such as TEX0000000. it is generally located on the back end outside
ofthe homein the lowerteft comer.
Section F
Ufrequesting an inspection, a map and detailed directions to the home must be provided.
Map:
North
West
East
South
Written directions;
ATLRAS
Complainant’s Signature
Under penalty ofperjury, I hereby swear that the matters setforth in this complaintare, to the best ofmy
knowledge, true and correct.
KG)
3-3/- fa
(Signature ofOWNER)
(Date)
MHD FORM 1010 / CONS COMPL FORM DOC
Pove of?
Rev O2/1d/.
:
*
ok
Mew
Ssgaleal
.
DieLed Ho #8 toa Ba warffSg:
[Mandatory DocumentFaciory Direct Disclosure Addendum “E” |
ADDENDUM "E" FACTORY DIRECT DISCLOSURE
Homeis being sold F.0.B. Factory
Buyeris responsible for the following items:
+ Basicinstallation is included as detailed and quoted on your purchase agreementorvia signed
change order.
Buyer understands that unless otherwise stated, the installation price whichis
quoted and includedin this agreementis for bastc installation only and my not cover specific site
restrictions or needs. Basicinstallation is defined as basic standard heightblock & jevel and wind
zone 1 tiedown. Buyer may contract other services. Factory Expo HomeCenteris not responsible
for workmanship of contracters hired by homeowner.
Improperrepairsoralterations made to your
home mayvaid portions of you factory warranty.
In the event the manufactured homesis equipped with interior drywall Tape and Texture treatment
then buyer understands that during transportation and placement on property minor“hairline” cracks
may appear, particularly around window and door areas. responsible
these areas and completing the “marriage
line close-up” at buyer's expense.in the event drywail
cracks exceed ¥%" wide, then these are covered underthe manufactured home warranty at no
expense to homeowner. However, exceptions ta the warranty of 4” cracks include cracks caused
by extreme maneuvering of homeinto position on buyer's property. Sharp turns, rough bumpy
terrains, homes craned oruseof helicopters to place, maneuvering Into excavated hole, may cause
exceptions to the warranty of %4" drywall cracks.
Buyer understandsthat the purchased manufactured Home comeswith a “Floating Interior Door’
system on all doors. The purposefor this system is to allow the adjustment of doors and door
frames uponinstallation of the home. This allows theiristaller to make sure the interior doors are in
a square and even position during the leveling andinstallation of the manufactured home. Buyer
understandsthat this is not a warranty item and doors must be adjusted and fixed into place at
buyer's expense
the homeinstallation contractor or other designated
individual.
« Buyeris financially responsible for all aspects of any home-site/land improvements needed
including but notlimited to septic tanks, welt preparation, utility connections, clearing, etc.
Buyeris responsible for obtaining any permits neededtoinstall home.
+ Buyeris responsible for the final cleaning ofinterior of home andinstallation/purchase ofall fight
bulbs.
+ [Weunderstandthatfinal funding of home must occurprior to shipment from factory.
eye)
x
x
SEPA HL
David Burck
Factory Expo Representative
4
ate
x
x
Factory Expo Home Center
Date
Rev 11/17/05- Page 5
SITE PREPARATION;The installer is responsible for proper preparation ofthe site where a new
manufectured home is to be installed. A consumer is responsible for proper preparation ofthe site
where 2 used manufactured home is to be installed, If you do not think you can prepare your site
property, consider hising someone else with the right experience and equipment to do it for you.
Proper site preparation includes a site for placement of the home that has good drainage so that
water will not collect or mn under or around the heme; and firm compacted soil with no stumps,
debris, or other matter. The site that is selected and prepared also needs to mcet any setback or
other placentent requirements and have access to any required water, septic system, and utilities.
PROPER SITE PREPARATIONIS ESSENTIAL!
om
x
a
INSTALLATION:
If you are porchasing a NEW manufactured home. Installation met be
incloded,
If you are purchasing a USED manufactured hame, installation may or may not be
included.
If installation is not included and you arrange for it yonrself, remember, ONLY A
LICENSED INSTALLER may install a manufsctured home. The installer who actually installs the
home mnst also provide a warranty,”
PROPER INSTALLATION BY A LICENSED INSTALLER IS
REQUIRED BY LAW IN ORDER FORAHOME TO BE OCCUPIED.
Ifyou ace buying a home that has already been installed, you should ask the selling retailer if they
will cheek the leveling, check for the presence (if required) and condition of any vapor retarder,
check anything else regarding the foundation/stabilization system, or provide amy other installation
services.
Ifyou acquire a used mannfactnred home that is already installed in a Wind Zoue Df county but the
homeis a Wind Zone J hame, which means that home was not designed or constracted to withstand
8 horricene fores wind occarring in a Wind Zone 1 or Ul area, the home cannot be mstalled in a
Wind Zone II area untess if was constructed before September 1, 1997,
Kb){6)
anttials
UPKEEPAND MAINTENANCE; ANY home requires regular upkeep and maintenance — things
like periodic checking of and repairs to the roof, keeping vents and filters clear, maintaining septic
systems and wells in safc and sanitery working order, caulking to prevent leaks, and periodic
painting. Also. depending on the foundation system you choose, a manufretured home may require
periodic checking to be sure that it is still level and that the anchors and straps are secure.
Kb){6)
initials
MEDFOR 1003sORRTEL
Page 3086.
EG OASFOE
TX FORMS Pgs 1-6
FOUNDATION MAINTENANCE: You must accept all responsibility far maintenance ofthe site
upon closing,
These responsibilities include: maintaining. good drainage around the home,
preventing soil erosion. pefiodic inspections offoundation supports and anchorage, and any leveling
or adjustment that may be required unless contractually agreed otherwise. Homes locafed in areas
that have soils with high clay content that expands and contracts must maintain consistent nioishure
levels, This may iclide watering around the foundation dung dry summer months and managing
the size and proxunnty ofthe vegetation near the foundation.
Kb){6)
initials
LOT RENT:Ifyan reat the lot your home is on, in addition to the possibility ofreat increases, it is
possible that the property owner could decide fo change the use of the land and not renew your
lease. Although you would be given advance notice, this would mean that you would have to move
your home andhave it installed somewhere else.
Ko){6)
.
tuitin’s
WATER AXD UTILITIES: Be sure that your lot has access to water. If you must driil a well,
consider contacting several drillers for bids,
If water is available throngh a municipality, utility
district, water district, os cooperative, you should inquire about the rates you will have to pay and
the costs necessaryto join the water system. Be sure that any utilities you will need are available at
your site and, if they are not, find out what will be involved in getting them delivered and
canhected.
Kb){6)
anitials
SEWER CONNECTIONS OR SEPTIC SYSTEMS: Ifyour iot is not serviced by a municipal
sewer system or utility district, you will have to install an on-site sewer facility (commonly Imown
as 4 septic system), There are a number ofconcems or restrictions that will determineifyour lot is
adequate to sitppart a septic system. Check with the local county or a licensed private installer to
determine the requinensents that apply to your lot and the cost to install such a system.
*
oye)
intttals
HOMEOWNEBS ASSOCIATIONS AND FEES:
Many
subdivisions have mandatory
assessments and fees that lot owners must pay. Check with the manager ofthe subdivision in which
your lot is located to determine ifany fees apply to your lot.
Ko){6)
fottials
14RDROEMLE(O00 DESCLDOC
PomSof
EBSPORMS - Pps 1-6
$ Ler
Limited Indoor Air Quality
4017 County Road 112
Burnet, Texas 78611
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4402 Center Gate
San Antonio, Texas 78217
(210) 656-9300
www.achs-sa.com
2017, County Road 112
Burnet, Texas
-
.
pene TAQ Inyestigation
~'
4.7. Formaldebyde.
4.7.1. There are various standards for formaldchyde standards/levels and are depicted in the
Table 2, below.
Table 2
Formatdebyde Standards/Levels
Parts Per Billion
Standard Setting Organization
Limit/Level
Occupational Safety and Health Administration* (OSHA)
750
National Institute of Occupational Safety and Health* (NIOSH)
16
Federal Emergency Management Agency (FEMA)
16
Housing and Urban Development (HUD)
200 - 300.
Leadership in Energy and Environmental Design (LEED)
27
Note: *8 hourtime weighted average for workers. A rule of thumbfor Indoor Air Quality is
1/10 of the worker standard as established by OSHA.
4.7.2. The measured level for formaldehydeis depicted in ‘Table 3, below.
Table 3
Measured Formaldehyde Levels
Parts PerBillion
Master Bedroom
Back Bedroom
Rug Bag
6.5
13
2.3
4,7.3. There is evidence that some people may havea sensitivity to formaldehyde. It has
also been shown to cause cancer in animals and may cause cancer in humans. Health
effects include eye, nose, and throatirritation; wheezing and coughing;fatigue; skin rash;
severe allergic reactions.
4.7.4. As indicated in paragraph 4.0., above, the open windows would have undoubtedly
reduced the formaldehyde levels by a small margin.
5.0, Conclusions.
5.1. There does not appear to be a mold issue within the homeatthis time.
5.2. There are someindicationsthat the heatintrusion is occurring through lack ofinsulationat
specific roof and wailinterfaces and wall to wall interfaces,
AEHS,Ine.
ACOODI2i
4.7, Formaldehyde.
4.7.1. There are various standards for formaldehyde standards/levels and ate depicted in the
Table 2, below,
Table 2
Formaldehyde Standards/Levels
Parts PerBillion
Standard Setting Organization
Limit/Level
Occupational Safety and Health Adininistration* (OSHA)
_
750
National Institute ofOccupational Safety and Health* (NIOSH)
16
Federal Emergency Management Agency (FEMA)
16
Housing and Urban Development (HUD)
200 - 300
Leadership in Energy and Enviionmenstal Design (LEED)
__27
Note: *8 hourtime weighted average for workers, A rule of thumbfor Indoor Air Quality is
1/10 of the worker standard as established by OSHA.
4.7.2, The measured level for formaldehyde is depicted in Table 3, below.
Table 3
Measured Formaldehyde Levels
Parts PerBillion
Master Bedroom
Back Bedroom
.
Rug Bag
65
_
3
23
4.7.3. There is evidence that some people may have a sensitivity to formaldehyde. it has
also been shownto cause cancerin animals and maycause cancerin humans, Health
effects include eye, nose, and throatirritation; wheezing and coughing; fatigue; skin rash;
severe allergic reactions.
4.7.4, As indicated in paragraph 4.0., above, the open windows would have undoubtedly
reduced the formaldehyde levels by a small margin.
5.0. Conclusions.
§.L. There docs not appear to be a mold issue within the homeatthis time.
3.2. There are someindicationsthat the heatintrusion is occurring through tack of insulationat
specific toof and wall interfaces and wall to wall interfaces.
a
‘AEHS, Ine,
Limited IAQ Investigation
.
County
Re
2
’
.
ACOOI21
2017 CountyRoad 112
Burnet, Texas
Limited IndoorAir Quality Investigation
2017 County Road 112
Burnet, Texas 78611
for
(b)(6)
Preface
IndoorAir Quality (IAQ) has received considerable attentionin thepast hventy lo thirtyyears, however, the
majority ofthe attention was directed at comfort ofthe oecupants,
This was particularly true in the late
1970's when energyefficient buildings were constructedorolderbuilding remodeled to save heating and
cooling costs. Terms such as “Sick Building Syndrome”, “Tight Building Syndrome”, “MoldySchool”, and
“Sick House" have become vogue. Currently, more attentionis beingpaid to the health aspects that have
resulted in manyphysicalandpsychological symptoms, This coupled with the realizationthat hypersensitive
persons may have multiple cheniical seusitivities are in fact sufferingfrom an dlness that has led to both
research and applied studies.
Additionally, there appears to be mare allergic reactions to various
microorganisms, such asfungi, thanin the past,
Most Indoor Air Qualityissues must be handled onanindividual basis andspecialconsiderationgiven(o the
concerns of the occupants orfuture oceupanis,
Indoorair quality and microbial growth in buildings
(hospitals, businesses, schaols, and homes) is not newso the industrial hygiene profession.
However,
because ofthe media blitz, high court awards, andan increase in chemicalsensitivityamong individuals, the
issue has become highprofile andfear abounds. The mere presence ofmolddoes not meanthatit is toxic to
building occupants
The science is not exact and sampling strategies, assessments, andremediationefforts
ave not institutionatized. Often, moldand other IAQ issues are emotionalandrationalthinking is sometimes
avoided because ofthefear.
Jn the more recent past, we have seen an increase in complaints within residences (individual houses,
apartments, hotels, etc) to include mold growth,
This increase can be attributed to many changes in our
living enviromnent, The increase in energy costs as well as environmentally conscience individuals have led
to the use ofdouble insulated windows, caulking ofminute openings, and more insulation — all in anattempt
to use less energy.
Conversely, the changes in climatic conditions have caused soil to move, houses to
developfoundation cracks, roofs to leak, lack ofproper diainage awayfrom foundations, andflooding.
These latter occurrences may contribute to the infiltration and growth offugi.
Once again, the
aforementionedchanges coupled with the increasedindividual sensitivities have seen arise in [AQ concerns
in indwidual residences.
LO, Background,
1.1. On 15 October, 2012, Ronald M.Bishop, of AEHS,Inc. swascontacted by Ray Medrano of
TLI, concerning a manufactured home purchased by
(b)(8)
1.1.1.)
(b)(6)
[was contacted and her concerndiscussed as was the previousinvestigation
by TL
1.1.2, It was decided that further investigation was warranted.
i
1.2,
On 18 Octoberthe first phase of the investigation was initiated by Matthew E. Bishop,
CHSP,underthe overall direction of Ronald M. Bishop, MPH, CTH.
1.2.1. Matt Bishop is a Texas Departmentof State Health Services (TDSHS) licensed Mold
Assessment Consultant, Asbestos Inspector/Management Planner, Lead Risk Assessor and
Lead Project Designer.
Additionally, he is a Certified Healthcare Safety Professional and
Certified Environmental and Safety Compliance Officer.
1.2.2, Ron Bishopis a Certified Industrial Hygienist (American Board ofIndustrial Hygiene),
a Registered EnvironmentalProfessional, Registered Environmental Manager, a Diplomate in
Environmental Health, a Certified Safety Executive, a Certified Environmental and Safety
Compliance Officer, and a Green Consultant. Additionally, he is licensed by the TDSHSas an
Asbestos Consultant, a Lead Risk Assessor, a Lead Project Designer, and a Mold Asscssment
Consultant. He has overthirty years ofIndoorAir Qualify experience and has conducted over
500 mold/IAQ investigations in the past five years. Also, he has a Master ofPublic Health
degree as well as a Master ofMilitary Arts and Science and a MasterofPublic Administration.
1.3, On 19 October the second phase ofthe investigation was performed by Ronald M. Bishop
and included collection of the dosimeters, ulttafine measurements, and mold sampling.
2.0. General,
2.1. In general, indoorair quality problems can occurin all types and agesofbuildings; in newly
constructed buildings; in renovated or remodeledbuildings; and in old buildings. The buildings
may be private residences, multi-storied office buildings, healthcare facilities, schools or
industrial complexes. Problems in new, clean buildings are rarely related to microbial growth,
since the physical structures are new; however, this may not hold true if the building materials
were allowedto be exposed to weather and then not adequately dried priorto installation or the
drainage around a new constructionis not sufficient. Older buildings that have not beenproperly
maintained and operated may have problemswith bioaerosols ifparts ofthe building have been
allowed to bécome reservoirs for microbial growth.
Also,if inadequate outside air is present,
regardlessofthe age ofthe building, chemical and biological contaminantswill build up to levets
that can cause health effects in some occupants, Often, designs do not considerprevailing winds,
sun directions, or slope ofthe land for proper draining. This lack ofconsideration mayleadto air
contamination ‘or water intrusion.
2,2. Fungi, Moldis a term that applies to the visible form of fungi growth while mildew is a
layperson’s term that refers to fungi growing on fabrics, windowsills, bathroom tile, and thelike.
Yeasts are actually fungi that are culturally unicellular.
Fungi reproduce both sexually and
asexually, simplistically, spores are produced during the reproduction.
The spores become
airborne and can be trapped.
All molds are fungi, They are commonthroughoutthe United
States and occur in abundancein the outdoors.
2.2.1, Mold spores can be dormantfor years and once moisture is encountered,the spores can
start renewed growth,
. AEHS, Inc.
* ACO0I21
2.2.2. Once porous material, such as interior or exterior sheetrock,particle board, wood,etc.,
becomeswet,il is very difficult to dry completely.
2.3. Mold Sampling. The goal of biological (microbial) sampling is to assist in the overall
assessment of the IAQin particular environment. It may provide information concerning the
potential for causingirritation; to locate the sources ofindoor mictobes;to assist in determining
the overal] effectiveness ofthe Heating, Ventilating, and Air Conditioning (HVAC) system; and
to assist in determining appropriate remedial actions.
2.3.1. Culturable samples are those from which microorganism are “grown”. The types of
culturable samples include: air, swabs, surface directplating, and settling. All have pro’s and
con’s. The greatest drawbackwithcultutable samples is that microorganismsgrow atdifferent
ates and are competing for the growth media; therefore, an aggressive organism may
oveishadow onethat grows slower. Another concernassociated with culturable samplesis the
interpretation ofthe results. There is a tendency to makedirect comparisons andtry to assess
the environment based on the numbers of organisms,
Because there are not standardized
protocols, no cut off levels, and a variation in the sensitivity of individuals, number
comparisons should be used with extreme caution.
2.3.2, Non-culturable methods of sampling include spore trapping and sticky tape surface
lifting. These samples are viewed directly under a microscope and characterized based on
morphology. Thegreatest drawbacks of using this method of sampling are that some fungi
spores ate very smail and cannot be seen while others have similar morphologies that do not
allow for discernible identification. Once again, comparison ofnumbers should be used with
exireme caution,
2.4 Particulates,
2.4.1,
Particles,
Particles greater than 1 micron are often the causeofirritation and can
exacerbate other problemsparticularly when associated with low humidities.
2.4.2. Ultrafines. Ultafines are defined as particles less than 0.1 micron in diameter. The
sources of ultrafine particles include building and vehicular exhausts associated with
combustion, environmental tobacco smoke, and manufacturing operations. Also, but often
overlooked, sources include:
cleaning solvents, heater gasket leaks, entrainment of duct
linings, and malfunctioning office equipment. The technologyofusingultrafines is emerging
and consists of detection via a condensationparticle counter.
2.4.3,
Particle Discrimination/Discernment.
Condensation particle counters are also
available that differentiate in particle size -- 0.3 micron, 0.5 micron, 1.0 micron, 2.5 microns, 5
microns, and10.0 microns. Of importance in mold evaluationare the sizes at 1 through 10
microns becausethis is the majority of the size ofmold spores. Therefore, a high number of
particles in the 2 and 5 micronsizes will normally indicatemoldgrowth. This is especially
true when comparing theinside results with the outside measurements.
2.5,
Volatile Organic Compounds (VOCs). Many homebuilding products and
furnishings contain materials that emit VOCs, The VOCsare a result of the use or
manufacturing of building materials and furnishings containing chemicals whichoff-
gas after installed,
2.6. Formaldehyde. Formaldehydeis a colorless, strong smelling gas thatis often in
an aquecus solution containing between 35 and 40 percent formaldehyde.
It is
commonly found in manyproducts such asparticle board,rugs, glues, permanentpress
fabrics, paper product coatings, fiberboard, and plywood.
3.0, Methodology. The following depicts the methodology usedin this residence.
3.4. A visual evaluation was made of the residence while using a thermal imaging camera to
detect difference in temperature which in turn depict moisture and/or microbial action.
See
photographs at Appendix A.
.
3.2.
Temperature, relative humidity and particle measurements were obtained outside, in the
living room, kitchen, master bedroom, kids room, and in the back room bedroom,
The
measurements were taken using the Lighthouse Handheld Laser Particle Counter (Model 3016,
SN 040302023) which was last calibrated May 2012 in accordance with the manufactures
requirement and traceable to the National Institute of Standards and Technology’s primary
standard,
See Appendix B.
Additionally, ultrafine measurements were made outside and
throughoutthe home.
3.3. Non-culturable air samples were collected from the outside and in the back bedroom. The
analysis was performed by the Environmental Microbiology Laboratory, Inc. an AIHA
Environmental Microbiology Accredited
Laboratory (EMLAP) and
licensed
in Texas.
Additionally, supplemental analysiswere performedto depict pollen, otherplant and otheranimal
particles, See Appendix C,
3.8. Moisture measurements were made with surface and penetratingTRAMEX moisture meters.
3.6. voc were measured using passive dosimeters that wereleft in place for approximately 24
hours. The passive dosimeters wereselected to'detect twenty-five analytes(1,1,1-trichloroethane,
1-butanol, 4-pheny! cyclohexene, acetone, benzene, butyl acetate, chloroform, cyclohexanone,
ethylacetate, ethyl] alcohol, cthyibenzéne, heptanes, hexane, isopropyl alcohol, methyl alcchol,
methyl ethyl ketone, methyl isobutyl ketone, methyl methacrylate, methylene chloride,
perchloroethylene, styrene, tetrahydrofuran, toluene,trichloroethylene, and xylenes). The analytes
are specific for chemivals commonly foundin-building materials and furnishings. One dosimeter
wasplaced in the Master Bedroom,one in the Back Bedroomand one in a bag containing a
sampleof the Rug and Padding. See Appendix D.
3.7, Formaldehyde measurements were made using passive dosimeters as well and wereleft in
place for approximately 24 hours. Onc dosimeter was placed in the Master Bedroom,one in the
4
es
°
ABS,Inc,
poe
.
ACOOI2
2017. County.Road 12
Buinet; Texas
~
2
fos
Back Bedroom and onein a bag containing a sample ofthe Rug and Padding. See the first three
results of Appendix D.
4,0. Finding and Discussions.
The residence ofconcern was a manufactured home. Uponarrivalonthefirst day,all the windows
were found to be open.
4.1. Visual. Visible mold was notpresent.
4.2.
Thermal Imaging.
The thermal imaging was unremarkable with respect to moisture
intrusion and mold growth; however, their did appear to be heat intrusion in someruof areas and
particularly at the corners of the walls and wall to roof interfaces.
4.3. Temperature and Humidity Levels, The temperature and humidity levels were consistent
with the normallevels found in homes.
4.4, Moisture Levels. Normal surface moisture levels were throughout the home.
4.5. Microbial Sampling. Thetotal numberof organisms found within the inside air was not
greaterthan the out doors and those species found inside and not outside were extremely limited.
See Appendix C forthe actual laboratory results. A statistical analysis indicates that the outside
and inside mold spores are similar which adds credence that no mold is growing indoors.
4.6. Particulates. The actual measurementresults are at Appendix B. The particulate levels in
the Back Room (Bedroom)was elevated whichled to the sampling for mold; however, this can be
attributed to the high level of epithelial (skin) cells and cotton fibers as indicated in the other
Biological Particles Report. See Appendix C. Ultrafine measurements were unremarkable.
4.7. Volatile Organic Compounds. The VOCs were well below OSHAstandards and LEED
requirements for new buildings. The LEED® greenbuilding certification program through the
U.S. Green Building Council (USGBC)is reducing the energy requirements of buildings and
homesas well as reducing VOCs, See Appendix for the laboratory results and the table below
for the chemicals that had any detectable level. As indicated in paragraph 4.0., above, the open
windows would have undoubtedly reduced the VOC levels by a smali margin.
Table 1
Passive Dosimetry VOCs Results (ug/m*y
.
Master
Back
Counstituent/Location
Bedroom
Bedroom
Rug
Acetone
0.029
0.022
:
Ethyl] Alcohol
-
0.12
0.014
isopropyl Alcohol
6.0085
0.011
.
Total
0.0375
0.153
0.014
LEED Limit
500
500
300
5
i
121:
4,7, Formaldehyde.
4.7.1. There are various standardsfor formaldehyde standards/levels and are depicted in the
Table 2, below.
Table 2
Formaldehyde Standards/Levels
Parts PerBillion
Standard SettingOrganization
Limit/Level
Occupational Safety and Health Administration* (OSHA)
750
NationalInstitute of Occupational Safety and Health* (NIOSH)
16
Federal Emergency Management Agency(FEMA)
16
Housing and Urban Development (HUD)
200 - 300
Leadership in Energy and Environmental Design (LEED)
27
Note: *8 hour time weighted average for workers. A rule of thumbforIndoor Ait Quality is
1/10 ofthe worker standard as established by OSHA.
4.7.2, The measuredlevel for formaldehyde is depicted in Table 3, below.
Table 3
Measured Formaldehyde Levels
Parts PerBillion
Master Bedroom
Back Bedroom
Rug Bag
6.5
13
2.3
4.7.3. There is evidence that some people may have a sensitivity to formaldehyde. It has
also been shown to cause cancer in animals and may cause cancer in humans, Health
effects include eye, nose, and throatirritation, wheezing and coughing; fatigue; skin rash;
severe allergic reactions,
4.7.4, As indicated in paragraph 4.0., above, the open windows would have undoubtedly
reduced the formaldehydelevels by a small margin.
5.0, Conclusions.
5.1, There does not appear to be a mold issue within the homeatthis time.
5.2. There are some indicationsthat the heat intrusion is occurring throughlack ofinsulationat
specific roof and wall interfaces and wall to wall interfaces.
5.3. Without the open windowshaving occurred just prior to measurements, the levels would
have been higher. This is not an issue with the VOCs; however, with the formaldehyde,the
measured levels may have exceeded the FEMA recommended levels for emergencyhousing.
5.4, The current occupants may besensitive to formaldehyde and should be tested for such,
5,5. The particulate levels and the level of skin cells indicated more fiequent vacuuming with a
HEPAfilter equipped vacuum is required.
5.6. Powered exhaust ventilation, as indicated in the CDC study on the FEMAtailers, may be
required to keep levels below the FEMA recommended levels for emergency housing.
Their
recommendation is 300 cubic feet per minute (cfm); however, difficulty will be encountered
during the heating season in maintaining adequate heat in the home.
6.0. Recommendations.
6.1, Vacuum morefrequently with a HEPAfilter equipped vaccum.
6.2. Consider ventilating the home at 300 cfm.
6.3. Provide a copyofthis report to the aceupants’ physicians to determine whethercontinued
occupancy is recommended.
7.0. Disclaimer. This :eportis given for the sole benefit ofthe aforementioned client(s). The client
expressly confirmstheir understanding that the conclusions/recommendationsstated in this eport are
limited to and based solely upon the scopeofthe assignment, and samplesand field measurements
taken. In addition, the client understands that any field observations contained herein reflect the
conditions present on the date andtime ofinspection. No tepresentations or warranties are made or
may beimplied as to the validity oftheir applicability to any other days or times. Theinvestigation
was limited to the area as described herein and no other comments may be implied as to the
applicability for correction.
,
QnRute
Ronald M, Bishop, MPH, CIH
ABIH Certification No. 814
MACOI106
3 November 2012
“Lina
ee
SHS, Ine.
Limited IAQ Investigation
Lh
.
.
AEHS,
2017 County Road 112
.
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.
ACO0121
Burnet, Texas
|
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Limited Indoor Air Quality Investigation
2017 County Road 112
Burnet, Texas 78611
for
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Preface
IndoorAir Quality (IAQ) hasreceivedconsiderable attention in thepast hventy to thirtyyears; however, the
majority of the attention was directed at comfort of the occupants.
This was particularly tue in the late
1970's when energy efficient buildings were constructed or older building remodeled to save heating and
cooling costs, Terms such as “SickBuilding Syndrome”, “Tight Building Syndrome”, “MoldySchool”, and
“Sick House” have become vogue, Currently, more attention is beingpaid to the health aspects that have
resulted in manyphysical andpsychological symptoms. This coupledwith the realization that hypersensitive
persons may have multiple chemicalsensitivities are infact sufferingfrom an illness that has led to both
research and applied studies.
Additionally, there appears to be more allergic reactions to various
wicroorganisms, such asfungi, than in the past.
Most IndoorAir Quality issues must be handled on an individual basis andspecialconsideration given to the
concerns of the occupants or fiture occupants.
Indoor air quality and microbial growth in buildings
(hospitals, businesses, schools, and homes) is not new ta the industrial hygiene profession.
However,
becauseofthe media blitz, high court awards, and anincreasein chemicalsensitivity among individuals, the
issue has becomehigh profile andfear abounds, The merepresence ofmolddoes not meanthatit is toxic to
building occupants, The scienceis not exact andsampling strategies, assessments, andremediationefforts
are not institutionalized, Often, moldand other IAQ issues are emotionaland rationalthinking is sometimes
avoided becauseofthefear.
In the more recent past, we have seen an increase in complaints within residences (individual houses,
apartments, hotels, etc) to include mold growth.
This increase canbe attributed to many changesin our
living environment. The increase in energy costs as well as environmentally conscienceindividuals have led
to the use ofdouble insulatedwindows, caulking ofminute openings, andmore insulation — all in an attempt
to use less energy.
Conversely, the changes in chimatic conditions have caused soil to move, houses to
developfoundation cracks, roofs to leak, lack ofproper drainage awayfrom foundations, andflooding.
These latter occurrences may contribute to the infiltration and growth offimgi.
Once again, the
aforementionedchanges coupledwith the increased individual sensitrvities have seen arise in IAQconcerns
in individual residences
1.0. Background.
1.4. On 15 October, 2012, Ronald M,Bishop, ofAEHS,Inc. wascontacted by Ray Medrano of
TLI, concerning a manufactured home purchased by Ms.[®°)
Lid. Ms.
}was contacted and her concern discussed as was the previous investigation
by TLL
.
1.1.2.
It was decided that further investigation was warranted.
1
Limited IAQ Investigation
2017,County Rosd117.
*
Burnet, Texas
ve
1.2.
On 18 Octoberthe first phase ofthe investigation wasinitiated by Matthew E. Bishop,
CHSP,under the overall direction of Ronald M. Bishop, MPH, CIH.
1.2.1. Matt Bishop is a Texas DepartmentofState Health Services (TDSHS)ficensed Mold
Assessment Consultant, Asbestos Inspector/Management Planner, Lead Risk Assessor and
Lead Project Designer.
Additionally, he is a Certified Healthcare Safety Professional and
Certified Environmental and Safety Compliance Officer.
1.2.2. Ron Bishopis a Certified Industrial Hygienist(American BoardofIndustrial Hygiene),
aRegistered Environmental Professional, Registered Environmental Manager, a Diplomate in
Environmental Health, a Certified Safety Executive, a Certified Environmental and Safety
Compliance Officer, and a Green Consultant. Additionally,heis licensed by the TDSHSas an
Asbestos Consultant, a Lead Risk Assessor, a Lead Project Designer, and a Mold Assessment
Consultant. He has over thirty years ofIndoor Air Quality experience and has conducted over
$00 mold/IAQ investigations in the past five years. Also, he has a Master of Public Health
degree as well as a MasterofMilitary Arts and Science and aMaster ofPublic Administration.
1.3. On {9 October the second phaseofthe investigation was performed by Ronald M. Bishop
and included collection of the dosimeters, ultrafine measurements, and mold sampling.
2.0, General,
-2.4, In general, indooraix quality problems can occur in all types and ages ofbuildings;in newly
constructed buildings; in renovated or remodeled buildings; and in old buildings. The buildings
may be private residences, multi-storied office buildings, healthcare facilities, schools or
industrial complexes. Problems in new, clean buildings are rarely related to microbial growth,
since the physical structures are new; however, this may not holdtrue if the building materials
wereallowed to be exposed to weather and then not adequately dried prior to instaliation or the
drainage around a new constructionis not sufficient. Older buildings that have not beenproperly
maintained and operated may have problems with bioaerosolsifparts ofthe building have been
allowed to become reservoirs for microbial growth. Also,if inadequate outsideair is present,
regardlessofthe age ofthe building, chemicalandbiological contaminants will build upto levels
that can cause health effects in some accupants. Often, designs do not consider prevailing winds,
sun directions, or slope ofthe land for proper draining. This lack ofconsideration mayleadto air
contamination or water intrusion.
2.2, Fungi. Mold is a tern that applies to the visible form of fungi growth while mildew is a
tayperson’s term that refers to fungi growing onfabrics, windowsills, bathroomtile, and thelike.
Yeasts are actually fungi that are culturally unicellular. Fungi reproduce both sexually and
asexually, simplistically, spores are produced during the reproduction.
The spores become
airbome and can be trapped.
All molds are fungi. They are common throughout the United
States and occur in abundancein the outdoors.
2.2.1. Mold spores can be dormant for years and once moisture is encountered,the spores can
start renewed growth.
AEHS,Inc.
ACOQ121
AEHS,Inc.
Limited IAQ Investigation
:
.
"ACOOI21
2017 County Road
112,
Burfet, Texas
2.2.2, Once porous material, suchasinterior or exterior sheetrock,particle board, wood,etc.,
becomeswet, it is very difficult to dry completely.
2.3. Mold Sampling.
Thegoalof biological (microbial) samplingis to assist in the overall
assessmentof the IAQ ina particular environment. It may provide information concerning the
potential for causingirritation;to locate the sources ofindoor microbes;to assist in determining
the overalleffectiveness ofthe Heating, Ventilating, and Air Conditioning CAVAC) system; and
to assist in determining appropriate remedial actions.
2.3.1, Culturable samples are those from which microorganism are “grown”. The types of
culturable samples include: air, swabs, surface direct plating, andsettling. All have pro’s and
con’s, The greatest drawback with culturable samplesis that microorganisms growatdifferent
rates and aré competing for the growth media; therefore, an aggressive organism may
overshadow onethat grows slower. Another concer associated with culturable samplesis the
interpretation ofthe results. There is a tendency to makedirect comparisonsandtry to assess
the environment based on the numbers of organisms. Because there are not standardized
protocols, no cut off levels, and a variation in the sensitivity of individuals, number
comparisons should be used with extreme caution.
2.3.2, Non-culturable methods of sampling include spore trapping andsticky tape surface
lifting. These samples are viewed directly under a microscope and characterized based on
morphology. The greatest drawbacks ofusing this method of sampling are that some fungi
spores ate very small and cannotbe seen while others have similar morphologies that do not
allow for discernible identification. Once again, comparison ofnumbers should be used with
extreme caution.
2.4 Particulates.
:
2.4.1,
Particles.
Particles greater than 1 micron are often the causeofirritation and can
exacerbate other problems particularly when associated with low humidities.
2.4.2, Ultrafines, Ultvafines ate defined as particles less than 0.1 micron in diameter. The
sources of ultrafine particles include building and vehicular exhausts associated with
combustion, environmental tobacco smoke, and manufacturing operations, Also, but often
overlooked, sources include:
cleaning solvents, heater gasket leaks, entrainment of duct
linings, and maffunctioningoffice equipment. The technologyofusing ultrafines is emerging
and consists ofdetection via a condensation particle counter.
2.4.3.
Particle Discrimination/Discernment.
Condensation particle counters are also
available that differentiate in particle size -- 0.3 micron, 0,5 micron, 1.0 micron, 2.5 microns, 5
microns, and10.0 microns. Of importance in mold evaluation are the sizes at } through 10
microns because this is the majority ofthe size ofmold spores. Therefore, a high numberof
particles in the 2 and 5 micron sizes will normally indicate mold growth. This is especially
true when comparing the inside results with the outside measurements.
ar
Limited AQ Investigation;
30174Counly Road:312
Burnet, Texas
_*
‘
5.3, Without the open windows having occurred just prior to measurements,the levels v.
have been higher. This is not an issue with the VOCs; however, with the formaldehyde, the
measured levels may have exceeded the FEMA recommendedlevels for emergency housing.
5.4. The current occupants may be sensitive to formaldehyde and should be tested for such.
5.5, Theparticulate levels and the level of skin cells indicated more frequent vacuuming with a
HEPAfilter equipped vacuum is required,
5.6. Powered exhaust ventilation, as indicated in the CDC study on the FEMA trailers, may be
required to keep levels below the FEMA recommended levels for emergency housing. Their
recommendation is 300 cubic feet per minute (cfm); however, difficulty wili be encountered
during the heating season in maintaining adequate heat in the home.
6.0. Recommendations.
6.1, Vacuum more frequently with a HEPAfilter equipped vaccum.
6.2, Consider ventilating the homeat 300 cfm.
6.3. Provide a copy ofthis report to the occupants’ physicians to determine whether continued
occupancy is recommended.
7.0. Disclaimer. This report is given for the sole benefit ofthe aforementionedclient (s). The client
expressly confirmstheir understandingthat the conclusions/recommendationsstated in this report are
limited to and based solely upon the scope ofthe assignment, and samples andfield measurements
taken, In addition, the client understandsthat any field observations contained herein reflect the
conditions presenton the date andtime ofinspection. No representations or warranties are madeor
may beimplied asto the validity oftheir applicability to any other days or times, The investigation
was Simited to the area as described herein and no other comments may be implied as to the
applicability for correction.
Ronald M. Bishop, MPH, CIH
ABIH Certification No. 814
MACO106
3 November 2012
SD
Factor
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“Factory Directie mol
2075 State Highway 46, North
Seguin, TX 78155
'
PH;830-379-8700 FX: 830-379-8708
February 6, 2012
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LS. DEPARTMENT OF HOLSING 4ND LRBAN DEVELOPMENT
‘it
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WASHINGION DC 2410 1000
ASSISTANT SECRETARY FOR CONGRE §SION AL
AND INTERGOVERAMENTAL RELATIONS,
The Honorable Ted Cruz
UL 10 ante
United States Senator
300 East 8"Street. Sutte 961
Austin, TX 78701-3226
Dear Senator Crus:
Thank
youfor yourletter of June 27, 2014, on behalt of your consutuent.
soneerning her family’s health problems since moving into her trailer home
in Burnet, Texas.
The Department ws cunently conducting a review of this matter. Upon completion ot the
review, a final response wall be provided
Thank you for your interest in the Department's programs.
Sincerely,
cong
Dominique M McCoy
General Deputy Assistant Secretary for
Congressional and Intergovernmental Relations
www hud.gov
espanolhud.gov
LS. DEPARTMENT OF HOL SING AND URBAN DEVELOPMENT
WASHINGTON De 210: Lonn
ASSISTANT SECRT TARY FOR CONGRESSION VL
SNDINTEROOSERNMINT AL REL STLONS
JUL 2.4 2014
The Honorable fed Cruz
United States Senator
3008" Street. Suite 961
Austin. [X 78701-3226
Dear Senator Cruz:
Thank sou for your letter on behalf of your consutuent. Mrs
conceming
the alleged possible health problems she and her family are experiencing that she clamsto have
been caused by formaldehyde emissions and mold in her manufactured home
[hefollowing
information ts from the Department of Housing and Urban Development's (FIUD) Office of)
Housing.
The Manufactured Flousmg Disiston im the Department of Housing and Community Aftairs
serves as a State Administrative Agency (SAA), which administers the Federal Manufactured
Housing Program in the State of Texas
Mr Joe Garcia, the Paecutive Director ofthe
Manufactured Housing Division, contacted Mr, Craig Caulkims, the General Manager ofthe
CAVCOHomes of [Texas regarding the issues with Mrs:
home
CAVCO’s compliancerepresentatives flew to [exas
to inspect the home with a specitic
focus on mold and lormaldehyde levels
Although Mrs
claimsthat het home was making
her family sich. the C.AVCOrepresentatives found no non-comphancesto support Mrs
complaint.
Additionally. Mr Caulkins intormed Mr. Garcta that the CAVCOrepresentatis es did
not experience anyhealth issues during the course oftheir investigation.
HU D*s Office of Manufactured Housing Programs has contacted the Texas SAAto discuss
the issues raised by Mrs.
After reviewing Mrs
letter and speaking with the Tesas
SAAstatt, the Department's Manufactured Tousing Office has determined that no further
assistance can be offered under the Manufactured Home Procedural and f nforcement Regulations,
24 CER Part 3282
T hope the information providedis helptul in responding to your constituent
[tf
| can be of
further assistance. please let me know
Sincerely.
Dominique Mio MeCox
General Deputy Assistant Secretary for
wwwhud.gor
espanolhud.gov
‘p7ve1/2014
13:45
gagaeadesa
RH LENDING INC
PaGe
21/83
US. Ckwele
United States Senator + Texas
The Information and Privacy Act Form
The Privacy Act requires yourwritten consent betore a government agencywill release information
lo ouroffice reganting yourrecords. ‘I'o better serve you, please complete this Jorm andrewmit
as indicated helow, Please be aware that the person requesting assistance mustsign this form,
Thereby authorize the office ofSENATOR TED CRUZ to request on my behulf, pertinent to the
Freedomof Information and Privacy Act of 1974, access to inlormation egqneerping me, and to
forge copies ofpy co
Yeopennonence involving (NameofAgency) AYCfJ?
Wifeke.
. Inaddilion,thg office ofSENATOR
aaaiis also.authorizedto see any materials thal may be disclosed pertinentlo that request.
name:
AoWal'e.
©. {Hitadhey
Bre
EMAIL ADDRESS: KoddleCR Lehoe Le
eo)
HOMEPHONE #:
WORKPHONE? (E/2_)7 S6- foe
_
cetenonea,
[°
MAILINGADDRESS:
Z
lifters
12,
Loot
HOME OFRECORD Gervice members only);
eye)
DATE OF BOUTH:
(nmydd/yyyy)
SOC SEC #:
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a
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OTHER ID #:
Qlapplicable, please indicate tax year(s} and form ff
tid f O698/S9)
‘o7ve1/2014
13:45
peaaaeanes
RH LENDING INC
PAGE
02/89
*Have you requested assistance from any other Cor
you receive final response?
ional office? If yes, which ong and did
Gal
ax
Ae
~~
DIY
(Sighature)
(Date)
SE,
PAGE’1O EXPLAIN YOUR FP
E
YD
SENATO!
“Nate: Because of security measures, mail is now irradiated, which can damage sensitive items
such as cassette tapes, victeos, CD’s and DVD's, Fax, e-mail and web (orm are the quickest ways to
forward yourinformation.”
INSTRUCTIONS:
Please trite # brief letter outlining the nature ofyour problem andbe as specific as
possible. In particular, inchide the names ofany publi¢ ollicials you have communicated with in.
the past and the dates thass communications occurred, Also, please aliach any relevant
correspondence (hat you have initialed or reecived concerning your problem, You may submit
your completed form and any other pertinent atachments by:
U.S. Senator Ted Cruz
961 JJ. Pickle Federal Building
300 E.8* Street
Austin, Texas 78701
Fax: 512-916-5839
ework:
SCN
27/81/2814
13:45
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PAGE
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July 1, 2014
Senator Ted Gruz
Re:
Urgent Issues with HUD
PLEASE HELPHIIE
URGENTHIH
Dear Senator Cruz;
My frlend and business associate, Gary Lacefleld, has suggested | contact youroffice to sesk
assistance with Issues my company has been having with the HUDoffice in Washington, DC.
Accompanying this letter is my signed General Privacy Release Form obtained from your
website. The following is my attemptto articulate the issues presented and the mannerin which
U hope you may be able to help.
I have beeninvolvedin the residentlal mortgege business for more than 20 years. In November,
2008, | became the CEO and Director of Operations for Alacrity Lending Company(“Alaorlly"), a
Texas corporation owned by my bast friend, Steve Holmes. Steve and! started Alacrity from
scratch, Alacrity recelvedits ilcanse from HUDin early 2007to participate in the FHA loan
program. When Alacrity recelvedits llcanse fram HUD, we were informed by the HUD
underwater responsible for processing our application that our application had been completed
more smoothly and quickly than any other applicant considered by this underwriter.
Weknew when weestablished Alacrity we wanted to focus on FHA loans so we could assist
first-ima homebuyers In achtaving their dream of owning a home, Alacrity enjoyed almost
Immediate success; within a year, Alacrity went from approximately 4 employees to more than
50,
Wedid our bast to originate loans in accordance wilh HUD’s guidelines. We never received any
indications from HUDthat the loans we were originating were problematic. [In January, 2009,
HUD commenced a routine audit of Alacrity We welcamed the opportunity to meet with HUD's
representailves to fearn ways in which we could potentially Improve our business practices,
Whenthefield auditor for HUD conducted nis exit Interview with me,the field examiner stated
there were some minor errors he had seen but that we had nosignificant concerns thal would
“cause anyone to be shot” (the auditor's words).
When we obtained the audit report from HUD, enumerating the varlous issues HUD had with
our files, we diligently responded to every comment with an explanation as well as an offer to
change whatever procedures HUD thaught was necessary to allow us to properly close loans,
Unfortunately for us, we made the decision to start a residential mortgage company at perhaps
the worst possible limeIn the history of the morgage Industry
Everyoneis familiar with the
almosttotal collapse of the mortgage Industry commencing in 2008 and continuing for years.
Although we neverorlginated any “subprime”loans that were subsequently packaged and sold
to Fannie Mae or Freddie Mac, the borrowers on the loans weoriginated begin to default on
their loansin significant numbers, Because of these defaults and the publle’s outery concerning
HUD’sapparentlack of supervision during the perlod ieading up to the mortgage Implosion,
HUD took a much more aggressive stance toward lenders and espacially small jenders with
limited resources, HUD blindsided us with a notice from the Office of Inspector Generalthat
Alacrity, along with 14 other companies, was being Investigated for improper lending practices.
We have been told we were the only oneof the 15 companies who contested HUD's
allegations, We fought the allegations made by HUD but since the numberof our borrawers who
‘e7/er}2eid
13:45
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RH LENDING INC
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had defaulted on thelr loans had gottenprohibitively large, we recognized HUD’sability to
terminate Alacrity's license without any additlonal legal reasons, reached a settlement with HUD
and agreed to the suspension of Alacrity’s license for three years.
In early 2009,} began negotiations to acquire another FHAlicensed lender, R. H. Lending,Inc,
(RHL") so that| could continuein the mortgage Industry. | completed the acquisition of RHt in
September, 2009 and becamethe sole owner, officer and director of RHL. After Alacrity’s
licanse was suspended, mostof Alacrity'’s employees came to work for RHL and RHL
commencedto originate and close FHAloans.
in 2014, HUD commenced a routine examination of RHL’s operations, When HUD's
fietd auditor left RHL's office, | was told RHL would have the opportunity to address any issues
discovered by the audit.
| did not hear from HUD until 43 months later when| received letter
from Nancy Murray, the Secretary to the Mortgagee Review Board, alleging various operatlonal
deficiencies RHL responded to HUD'sallegations in detail and submitted hundreds of pages of
supporting documentation refuting HUD’s claims.
| met with HUD's attorneys In Washington,
DC,In late 2042 and ultimately reached an agreement with HUD in June, 2013, whereby RHL
agreed to pay e $295,500 fine and agreed to a six-month period of probation during which RHL
agreed to hire an Independentthird-party consultant to review RHL's operationsfor the period
from July through September, 2013 and from October through December, 2013.
RHL. hired Risk Mitigation Group, a company owned by Gary Lacefleld, formerly a Senior
Civil Rights Analyst, Investigator, and Conciliator at HUD,to conduct the audit for the period
from July to September, 2013. The reports prepared by Risk Mitigation revealed no lasues with
RHI.'s operations. When the report was received by HUD, the report was summarily dismissed
as inadequate and HUD requested that we provide HUD with the samefiles examined by Risk
Mitigation so HUD could conducttheir own audit. We have since been informed by HUD that
they found 186 errors with the samefiles In which Risk Mitigation found no errors although HUD.
has not specifically totd us what theseerrors are.
In September, 2013, RHL received another letter from Nancy Murray, the secratary to
the Morigagee Review Board, announcing yet anotherinvestigation, this time concerning an
entity called Sky Contractors, Ine. (“SCI”), Steve Holmes owns 100% of SCI and has since the
tlme | acquired RHL. SCI performs consulting services to builders of homes financed by loans
given by RHL. SCI's sole purpose js to ensure the loans Involving construction and originated
by RHLsatisfy all of HUD requirements concerning construction lending. SCIIs pald a fee from
each buikder. HUD has alleged that RHL Is improperly directly paying fees to SCI and that RHL
and| are affillated with SCI, To the best of my knowledge, HUD's allegations are based upon
documents trom 2007 that appearto list me as an officer and shareholderin SCI. By affidavit
submitted to HUD, t denied ever owning aninterest in SCI and offered to take such steps as are
necessary to correct any documents of the contrary.
Wefinally heard from HUD during the past two weeke concerning the potential resolution
of the matters pending before the Mortgagee Review Board. HUD'sinitial proposal was to
imposeclyi money penaities against RHL in the amount of approximately $1.5 mitlion and
terminate RHL’s license to participate in the FHA program. We made a counter proposalto
HUDthatincluded agreeing to pay a $400,000fine, a suspension of RHL's license and a period
during which
| would not serve as an officar, director, shareholder or control person of an FHA
lender. Just last week we learned from HUD that HUD proposes to suspend RHL’s license for at
leastfive years, debar mefrom any participation with FHA lenders for a minimum of five years
and imposeat least a $300,000fine.
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HUD’slatest proposalwill amount to a death sentence for RHL and my professional
careerin the mortgage Industry. | am 52 years old with a 10-year-old daughter and twin four-
year-old boys. To expect a person to change industries at age 52 Is ludicrous,In additlon, the
effect of HUD’s proposal on the employees at RHI will be devastating. RHL currently has 69
,
employees in Texas, most of whom are within the Dailas-Fort Worth Metroplex. Many of RHL's
employeesare the prime wage earnersfor their families. Missing even one paycheckwill create
tremendous hardship for these employees. From a purely economic perspective, RHL and its
employees pays hundreds of thousands of dollars each yearIn federal income tax. Shutting
down RHLwill obviously not make a dent in the US government's massive budget but | am
confident many tax dollars will be fost.
There are several things concerning RHL you should note.In particular, RHL
currently
llcensed in 10 slates. During the past two years, RHL has undergoneroutine audits by each of
these 10 states, All of these states conducted the same types of audits that HUD did yet not
oneof these states has taken issue with any single operating mathod of RHL. To the contrary,
at least three of the 10 states congratulated us on our cleanfiles. We are not aware of any
issues with any single regulator (including the CFP8) other than the Washington DCoffice of
HUD.In addition, to the best of our knowledge, there are ne unresclved complaints fied with
any ragulatory agency concerning RHL.
Based upon HUD'sfallure to negotiate In good faith and their stated goal {hat “Lonnie
Just needsto be out of the program”,| think HUDis unfairly judging RHLin an arbitrary and
capricious manner,
Unlike virtually every other aspact of Amerleanlife,
| am unable to
determine any accountability for the staff of the Mortgages Review Board. Membersofthis staff
specifically stated to RHL'’s counselthat if RHL thought it was so "Innocent", RHL should Just
fight HUD,
RHULis a small company with ne chance to compete with HUD's unilmlted
resources. firmly belleve RHLIs the victim of the opposite of the toa big to fail syndrome: RHL
is too smallto protectitself against HUD and survive and the membersof the Mortgagee
Review Board's staff know it and don't care.
| don’t know what response you will get from HUD if you ask them about RHL. Trying to
be as honest as ! can,| think HUD will tell you RHL and SCI have defrauded borrowers by
charging borrowers excessive fees. RHL's clearest responseIs that we have not defrauded
anyone and that many,if not most, of the borrowers HUO thinks have been taken advantage of
would be unable to obtain a loan from any other mortgage company becauseaf the borrower's
credit score and the humble nature of the borrower's home (most of these propartles Involved
manufactured housing). Certainly RHL and SCI have made a profit. However, the loans RHL
have made our more difficult and expensive than mostlenders are willing to make, especially to
first-time homebuyers with limited to less than perfect credit. RHL has been directly responsible
for enabling thousandsof borrowersto buy a homein our country. Surely, HUD's arbitrary
decision based upon a handfutof lawyers’ opinions in DC should not be suffictent to put a
companylike RHL outof business.
Wewould appreciate any help you can give. Obviously, we stand ready to meet with you
or any other person you deem necessary to better Inform you aboutour situation and to help
ourselves, Regardless of the outcome, we are comforted by the fact we have an advocate like
you working for us in Washington.
Respectfully submitted,
87/01/2614
13:45
eapageaaes
RH LENDING INC
PAGE
46/99
R. H. Lending, Inc.
87/01/2814
13:48
aaaaogsaaa
RH LENDING ING
PAGE
97/09
All-
Two quick points.
1.
HUD Call.
I just got off the phone with Co
We have lots of people involved, so
here is 2 general recap just to
Keep everyone in the loop.
The conversation was cordial.
She agreed that the settlement wrapped up both MRB
matters in her mind.
She thought that Oane Narode either:
(1) forgot to include
reference to the probationary matter because the board was pushing him so hard to
get the draft agreement ovt that very day (which she said never happens in her
experience}, or (1i} intentionally left out the reference to the probation matter
because Nancy hes continually told them during the whole process that the matters
are separate
(even though her staff and counsel keep talking about them as if
they were one).
In her mind,
she said, the probation matter is dead anyway once RH's approval is
withdrawn,
She said she does not know who erred,
RH or RMG,
in the probation
review,
She said it is possible she could go after RMG if she wanted to,
but she
did not view that approach as likely.
She said she just wants the check and
wants to wrap this up, and that the MRB was adamant that everyone be prepared to
do an ad hoe meeting to act on RH before people left for the holidays if the
settlement is not executed and the check on the way today.
I told
that ye) is trying to make sure borrowers do not get hurt in the
process.
ie replies
at RH could transfer loans elsewhere so she was unmoved.
She also said RH could still do TPO (i.e. breker) business anyway 1f it found 4
sponsor,
I told her,
even if that were true and I was not sure that it was,
it
was not a simple solution because loans would have to be entirely redone as TPO
loans assuming there was even a sponsor, and that pricing, disclosures,
everything would be wrong.
(without disclosing the fact,
I also knew Lonnie has
rejected this idea already,
and did so again this morning when he and T spoke,
He said he continued to keep the idea in his back pocket if he thought it mada
Sense later.)
I emphasized several times there could be lots of people left
hanging,
but she remained unsympathetic.
I also told her Lonnie was trying to avoid having lots of employees put out on
the streets.
She was again unmoved.
She said she had heard Lonnie was going to
become a "net-branch" of AmCap.
I asked her who that was, and where she heard
it.
She did not know the company,
and would only say she heard it through the
grapevine.
She said Lonnie was "already taking care of his people" and therafore
people still had concerns he would continue to find a backdoor to do this “all
over again.”
I read that as further indication of @ vigorous pursuit in the
debarment matter.
She said she needs the agreement and check sent out today.
I did not play the
“poverty” card,
at least not yet, because I know we are still trying to buy a
little time in negotiations.
We can discuss this issue if desired.
2.
Pipeline Definition.
“arren/2aid
13:45
enoagaeaes
RH LENDING INC
PAGE
98/89
In my call with
and an email from
both this morning, thera was
discussion of the
nition of pipeline 1
d “approved” loans.
I told
Lonnie we would send over some draft language for him to consider whether to try
to get clarification on what loans RM could close and which would havea to be
transferred, brokered or otherwise treated,
We drafted the following language to
consider:
“It is our understanding that a “pipeline loan” is a loan that has been approved
for HUO/FHA insurance by 8 Direct Endorsement underwriter,
as indicated on a form
HUD-92988-A far each such loan.”
There is an argument for
(a) omitting any attempt at clarification,
as Steve
recommends,
or (6) for trying to obtain such clarification either by a note ina
transmittal email, the actual agreement or otherwise,
As we see it, this is
a business risk call.
If we raise the issue, HUD may very
likely try to interpret the language as narrowly as possible to say only
unconditional final approvals qualify, which means mora loans could not close
with RH as the mortgagee.
On the other hand,
if we do not raise the issue, HUD
could later try to second guess RH's interpretation and argue that the loans are
not insurable.
This is a lot for an email, there are a lot of muances,
and it may be helpful to
have input from Lonnie's underwriter if that is possible.
Sut I wanted to get
this summary at least to everyone quickly in light of the timing.
We are happy to discuss by phone if desired, and I know Steve and Lonnie are
planning to call us us,
We called Lonnie
a little earlier, put he was tied up.
If you propose
a time,
I will clear my schedule.
We do need to get a document to Nancy pretty soon whatever approach RH takes.
Talk to you soon.
Troy W. Garris
Weiner Bradsky Kider PC
Dallas Metropolitan Area Office
2964 Corporate Cir.
Flower Mound, Texas 75@28
direct;
4
3
cell;
garris@t
www. thewbkfinm, con
This electronic message contains information from the law firm of Weiner Brodsky
Kider PC, which may be confidential or privileged.
The information is intendad
to be for the use of the individual or entity named above,
If you are not the
:
a
@7/81/2814
13:45
enangsueIe
RH LENDING ING
PAGE
99/69
intended recipient, be aware that any disclosura, copying, distribution or use of
the contents of this information is prohibited.
If you have received this
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7
a
TED CRUZ
COMHILILES,
TEXAS
AGING
ARMED SERVICES
COMMERCE
Wnited States Senate
Jubiciny
RULCS AND ADMINISTRATION
July 2, 2014
RESPECTFULLY REFERRED:
U.S Department ofHousing and Urban Development
45} Seventh Strect SW Room 10148
Washington, DC 20410-1000
Dear Sir/Madam:
The attached communication was forwarded to my Seuate office by Mr Lonnie Brantley, Jr. concerned
about a matter thatfalls within your agency's jurisdiction We would appreciateit if appropriate inquiries
could beinitiated on their behalf, and if'a full response could be prepared for meto report to the
constituent.
It would be very helpful if the attached weie to accompany your response. In the event you require more
information, please do not hesitate to contact my office at 512.916.5834 or by fax at 512.916.5839.
Thank youfor yourattentionto this request.
PLEASE REPLY TO:
Office of Senator Ted Cruz
Attention. Susanna Sovran
300 E 8th St Ste 961
Austin, Texas 78701-3226
512.916.5834
512.916.5839
Enclosute(s)
ume 961
Sum aww
Suite 1420
Suite 1603
sun 950
Suits $01
SUL SD. 186
3008 BinStarer
«3826. NOTH Hau Sise,
BUBTeavis Sines
200 SourTony Sawer,
9901 Ht 10 Wess
295 Sonm Broaw ear,
vinksen BUILT
‘Ausiss TX 78701
Oatas 3X 75719
Houston 177002
McAUuin 1X 70501
Sau Avsto_ 0 TX 78290
Tur TX 29702
WaxwiiGTorr, DC 20810
[b12) 316 5834
(214) 029 8749
(243) 718 3057
(990) 686-7239
(710) 340-7886
t903 593 4130
(702) 274 $977
*
at
U.S, DEPARTMENTOF HOL SING AND URBAN DEY ELOPMEN I
5
whit
.
WASHINGTON DC
20510 1000
ASSISEANT SECRETARY FOR CONGRESSIONAL
AND INTPROOSLERSMEN TAB RELATIONS
The Honorable Led Cruz
United States Senator
UE
UD
9myy
300 E 8"Street, Suite 961
Austin, TX 78701-3226
Dear Senator Crus
Thank youfor yourletter of July 1, 2014. on behalfof your constituent.
Mr Lonnie Brantley. Jr. of RH T ending. Inc. (RH
| ending). Mr. Brantley’s letter states his
concems regarding the operations of the Mortgagee Review Board (Board) m relation to an
enforcement matter.
The following information 1s from the Department of Housing and Urban
Development’s (HUD) Otfice ot Housing.
The dunes and funcuons ofthe Board are set forth in 12 US C $1708 (c).
[he Board ts
comprised of the following HUDrepresentatives: the Assistant Secretary for Housing (chairs the
meeting), the Genetal Counsel. the President of Ginnie Mav.the Assistant Secretary for
Administration (presently the Chiet HumanCapital Officer), the Chief Financial Otficer: and the
Assistant Secretary for Pair Housing and qual Opportumty
In addition, HUD’s Inspector General
and the Departments Director ofthe Office ot I ender Activities and Program Compliance advise
the Board
{he Board Secretary provides program support. including the investigation ofreferrals
made to the Board, and preparation ofcases presented to the Board for determination ofappropriate
enforcement actions
[he Board 1s charged with the responsibility of determining what
administrative action. if any. is appropriate relative to Federal Housing Administration (FHA )-
approvedlenders that are referred to the Board for serious or willful violations of FHA rutes and
regulations.
RII] ending hay beenreferred to the Boardfor violations on multiple occasions. In
January 2013, RH
| ending settled an administrative action brought by the Board for multiple
undervriting violations of manufactured home loans. RE] ending agreed to pay a civil money
penalty m the amountof $295,500andbe placed on probation for 6 months
{n the course ofinvestigating and resoly ing this prior matter. HUD discovered other more
serious Violations onthe part of RI Lending.
This led to a new (second) action by the Board
It is
this second action to which Mr Brantley reters to in his letter to you.
The Board approved a
negotiated settlement agreement with RH Lending with regard to this matter, which was executed
on July 8.20140
Mr Brantley. as the signatory tor this agreement on behalf of RH Lending, has
chosento resolve the matter before the Board in accordance with the dictates ofthis agreement
www hud.gor
espanol.hud.gov
J hope this information 1s helptul in responding to your constituent. HT can be offurther
assistance, please let me know
&-
Sincet
De wee
Dominique Mo MicCoy
General Deputy Assistant Secretary
for Congressional and Intergovernmental Relatio
hetchpeukesCLL.
=F
(SltCe oO
kebavee_m L
LALOae
gs7
|.) Falr-Housing-Abuses-in-Galveston pdf(2.7 MB)
Dtex (1 ke)
1 page summary + supporting docs.
David Stanowski
<mailto:dstanowski@ait net> dstanowski@ait net
Office 409-621-2099
Fax 877-727-0823
<hltp-fiwww.TheFinanciatHalpCenter.com>
htlp ‘Awww.TheFinanciatHelpCenter.com
<hltp:wwwGalveslonEconomicReport com>
http /Awww.GalveslonEconomicReport.com
<hitp:Awww TheRealGalveston com> hiipvww.TheReaiGalveston com
Fair Housing Act Abuses in Galveston
Based on implementing regulations like CFR 944 202, and the d
.
‘istons producedby
string
of
tt
1966, Public Housing must now bebuilt jn census tracts nel bor
i
asic
crite
ds
order to end racial, ethnic and ecanomic segregation:
(nelanborhoods) that meet three basic critertay in
1. Low levels of poverty (less than 10% of the Population living
below the
overt
5
2. Low concentrations of minorities (less than 45%),
8
Poverty level)
3. Environmental Conditions comparable to those in a typical White middle class neighborhood,
However,in July 2012, HUD demandedthat the City of Galveston rebuild Publi
with thefollowing demographics:
‘ublic Housing in twa locations
Project
City
Census
%
%
Cost per
Tract_;
Minorities
Poverty
Unit
Magnolia
Galveston
7243
50.1%
21.7%
$250,0002
Homes
Cedar
Galveston
7246
90.2%
66.1%
$275,840
‘Terrace
Netther location {s even clase ta beng acceptable! Dr. Kirk McClure analyzed these sites and told the City
that building on them wili definitely NOT Afflrmatively Further Fair Housing (AFFH).
These sites also have many environmental problems: Extreme wind and flood risk from hurricanes, heavy
metal contamination, and they are located in blighted commercial/industrial areas on or near truck and
freight rail rautes; hardly locations where most White middle-class people would wantto tive.
However, despite the evidence to the contrary, HUD claimedthat these sites do AFFH, and HUD and the
GLO threatened to withhold the City's disaster recovery fundingff it did not build In these locations, so the
City Councit quickly capitulated.
In complete opposition to what they demanded fn Galveston...
in July of 2013, HUD and the GLO rejected a pian to rebuild a Public Housing project in Beaument,
because the censustract it is in has a very high concentration of minorities and poverty. These
government agencies said that building in this location would fail to Affirmatively Further Fair Housing
which would violate the Fair Housing Act (FHA).
HUD and the GLO are enforcing the FHA properly in Beaumont, and in Orange and Port Arthur, but they
clearly have a completely different agenda in Galveston, as shown by the comparison of the Cedar Terrace
and Concord Hamescensus tracts below. They rejected Cancord Homes, but demanded that Cedar Terrace
be rebuilt!
Project
City
Census
%
%
Cost per
Tract
Minorities
Poverty
Unit
Cedar
Gaiveston
7246
90.2%
66.1%
$275,840
Terrace
Concord
Beaumont
9
95.4%
56.9%
$125,000
Homes
J
It fs HUD's and the GLO's responsibility to enforce the FHAstrictly and uniformly In BOTH locations. The
demand to maintain racial, ethnic and economic segregation in Galveston has been very harmfut to the
City,
ortitay
7,
G00
US. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
A
:
WASHINGTON,DC 20410-5000
erste
OFFICE OF PUALIC AND. (DIANHOUSING
Octoter 29, 2013
Mr, Tim Irvine
Executive Director
Texas Department ofCommunity Affairs
P.O, Box 13941
Austin, TX 78711-3941
Dear Mr.Irvine:
In July 2013, the Galveston Housing Authority (GHA)andits development partner,
McCormack Baron Salazar, Inc. (MBS)applied for tax credits to support the rebuilding of public
housing at the Cedar Terrace Apartments, which was devastated by Hurricane Ike in 2008. We
understand that your agency is currently reviewing an application for 4% noncompetitive Low
Income Housing Tax Credits, which will also allow for the issuance ofprivate activity bonds by
the Galveston Public Facility Corporation. The sale of both tax credits and bonds will support
the reconstruction of Cedar Terrace, which will contain 122total units. Ofthese units, a total of
50 units will be public housing, 13 will be project based Section 8 units, and 59 will be market
rate units. Other sources offundingto be invested in this project include Community
Development Block Grant disaster funds, which are now being administered by the Texas
General Land Office (GLO), insurance proceeds paid to GHA, Replacement Housing Factor
(RHF)funds granted to the GHA by HUD,and private mortgage,
GHA has presented HUD with its overall pian for the rebuilding ofmixed-income public
housing on both the Cedar Terrace and Magnolia Homessites, and these projects will be the first
twostepsin rebuilding the public housing destroyed by Hurricane Ike, GHA and MBSare
seeking all approvals to close and begin construction on the Cedar Terracesite by
December 31, 2013. It is GHA’s plan fo commence the construction ofthe 160 mixed-income
units at the Magnolia Homessite in mid-2014, HUD concurs that the mixed-income
redevelopmentof both the Cedar Terrace and Magnolia Homes sites will affirmatively further
fair housing andthatit also complies with the Conciliation Agreement between GLO and
housing advocates, dated May 25, 2010, Additianally, the mixed-income redevelopment ofboth
sites will reduce the concentration of public housing units in operation on these twosites and will
also lower the concentration ofpoverty in these neighborhoods.
The redevelopmentof Cedar Terrace is not feasible without the 4% Low Income Housing
Tax Credits and accompanyingprivate activity bonds, There are not sufficient CDBG disaster
recovery fundsor public housing funds available to GHA to reconstructthis mixed-income
development without TDHCA’s approval ofthese funding sources. In addition, GLO has made
it clear that units developed with CDBGdisaster funds need to be completed as quickly as
possible. Therefore, there is no time to seek other funding to replace this important source of
funds.
HUD’s Office of Public Housing Investments (OPHI) has reviewed and approved a HUD
Rental Term Sheet and other submissions for the Cedar Terrace project. OPHIexpects to review
wowihud.goy
espanclhud.gey
f
i
i
12
1
1
this project’s legal documents over the next two months andto provideits final approvalto GHA
to close onthis transaction and begin construction prior to December 31, 2013.
HUDfooksforward to the developmentand operation ofquality mixed-income public \
housing on Galveston Island. HUD will be happy to providea similar letter to TDHCA,if
requested, as we understand an application for tax credits for the Magnolia Homes mixed-income
public housing project was submitted October 9, 2013.
1
Please contact Sara Pratt, Deputy Assistant Secretary for Enforcement, Office of Fair
i
Housing and Equal Opportunity at 202-402-6322 or Susan Wilson, Director, Office of Public
Housing Investments at 202-402-4500 ifyou have any questions concerning this letter,
Sincerely,
1
_
Lh
ahr
.
Bi
Greene
fark
ston
Sandra Hehriquez
Actinig Assistant Secretary
Acting
Xssistant Secretary
—
Assistant Secretary |
Office ofFair Housing and
Office of Community Planning
Office ofPublic and
Equal Opportunity
and Development
Indian Housing
|
XAS
GUINUORAILLAND OW RLCE
—
a
Jeray Parrenson, Commissionnr
Jty15, 2013
Mr, Shaun Davis
Exceutive Direct:
South Last Toxas Regional Planning Commission
2210 Enstex Freeway
Beaumont, TX 77703
Re: Rownd 2 Multifamily Applicationfor the Beaumont Housing Authorlly (BHA)
DearShaun:
‘The Land Office reviewedthe additional information submitted for the Beanmont Housing Authasity’s multifamily
application. The reviewwasintendedlo determine if Saint Helena Square (Concod Homes) is in compliance with fiir
housing laws, the Round2 housing programandthe Conciliation Agreement. The reviewincluded, but was aot finited
tor
°
Aapshoving the location ofthe redevelopment project, Saint Helena Square;
©
the Median Area Income Jevels andracial profiles of the census tact where (i) the proposed redevelopment will
be located, and (ii) cachothe: BHA piojectis located;
@
the Median Area incomelevels and yacial profiles of Beaumont as a whole; and
@
alist of all enviconmentalorother negative uses within 4 mile ofthe proposed redevelopment.
Basedonthe information provided, we cannot approve the BHA’s cutrent application because the proposed projectis
located in an “impacted” high minoiily, low income area ancit does not appearto affirmatively futher fair housing, Alt
excep! one of Beaumont Housing Authovities’ properties ave located in concentrated high minority, lowincome areas of
the City.
In addition, the census tract in which Saint Helen Square is located has one of the highest cancentialions of
African American population and lowest income levels in the City,
The Disaster Recovery prograit has a legal obligationto ensure thatall projects assisted with our funds affirmatively
furtherfair housing. South East Texas Regional Planning Commission may appealthis decision to Scott Davi
Director, Disaster: Recovery and Special Issues Division, Office ofCommunity Development and Planning, U.
Department of Housing and Uiban Development, 451 7" Street S.W., Washington, DC 20410-7000.
While the poposedproject appears {a be noncompliant with the Conciliation Agreement, we ave available to provide
technical assistance and¢iscuss varions options an how BHA's proposal could be redesigned in a manner consistent
with AFFHrequirements andotherfederal regulations.
Please let ine know ifyou have any questions.
Javier Pe (h
Director, Prograin Oversight
Disaster Recovery Program
Stephen 6 Austin Building + 1700 North Cangress Avenue + Austin, Texas 7FBIO1-LI9S
BO. Box (28736 Austin, Tevas 78711 2873
512.463.5001 © 800 998 AGO.
ho.teras gov
TED CRUZ
TEXAS
cortices
AGING
ARMED SERVICES
19
045
COMMERCE
United States Senate
“vos
RULES AND ADMINISTRATION
June 19, 2014
RESPECTFULLY REFERRED:
U.S. Department of Housing and Urban Development
451 Seventh Street SW Room 10148
Washington, DC 20410-1000
Dear Sir/Madam:
The attached communication was forwarded to my Senate office by Ms.
concemed
about a matter thatfalls within your agency's jurisdiction, We would appreciate it ifappropriate inquiries
could beinitiated ontheir betiaif, and ifa full response could be prepared for meto reportto the
constituent,
It would be very helpfulif the attached were to accompany your 1espanse, In the event you require more ;
information, ptease do not hesitate to contact myoffice at $12.916,5834 ar by fax at 512.916.5839.
Thank youfor your attentionto this request.
PLEASE REPLY TO:
Office of Senator Ted Cruz
Attention: Susanna Sovran
300 E 8th St Ste 961
Austin, Texas 78701-3226
512.916.5834
i
512.916.5839
Enclosure(s)
\
'
i
sume 361
suive 410
sure 1420
Suite 1693
Sune9
Sure 501
Sinve S018
00E BinSrnces
—-SGZSNOMN HAL SINE,
—-BOBTeavia Stucer,
200 Sour(OTSmee,
oor UL-s0
West
305 SounHs Bronuway,
Oinksen BULOR
‘AUSTX 28701
Dawns, TX 76219
Houston1% 77002
Meauuett TA 78601
‘Sars Ancora,
TX
7230
“Tear, 1X 25302
Wasnmeron, DE 20810
(412) 916 5934
(214) bod-b749
(71a) 71a 1057
4986) 486 7339
(240) 300-2895
(903) 593-5130
£202:224 5922
“Hl
:
US, DEPARTMENT OF HOLSING AND L RBAN DEVELOPMENT
lt .
WASHING PON. DC
20410-1000
ASSISTANT SECRETARY FOR CONGRESSIONAL
AND INTERGOVIRNMENT AD RELATIONS
JAN G9 2015
{he Honorable Ted Cruz
United States Senator
300 E. 8" Street, Suite 961
Austin, TX 78701-3226
Dear Senator Cruz’
Thank you for your emails on behalfo
whois concerned about the
placementofpublic housing in Galveston, Texas. Ms.
also transmitted a document
entitled, “Fair Housing Act Abuses in Galveston,” which was written by David Stanowski. The
following information is from the Department of Housing and Development's (HUD)Office of Fair
Housing and Equal Opportunity.
Mr Stanowsh1is the president of an organization called the Galveston Open Government
Project. This organization sued HUD,alleging that Galyeston Housing Authority had failed to
attirmatively further fair housing in an agreement that HUD approved for the replacementof public
housing.
The case brought by the organization against I[UD has been dismissed in a series of
orders. In one order, the organization was dismissed as aplaintiffin the case because oflack of
standing.
Ihe most recent decision ofthe court was entered on August 5, 2014, and dismissing the
organization's complaint against HUD.
Theissues outlined in the “Fair Housing Act Abuses in
Galveston” documentwereraised in this litigation
T hope this information1s helpful in responding to vour constituent.
IfI can be offurther
assistanceplease let me know.
Sincerely,
Enka L Moritsugu
Assistant Secretary for Congressional
and Intergo. ernmental Relations
wenhud.gov
espanolhud.gov
FAX 2817462625
Ar. Thurnjan
)
Pore Werth FEO Center
‘
WOLGheriy 81 La
18 Bate 2460
£ Worth, TA 7102
tlos,rector
Dear Me. Miles,
‘Thank yunfor speakute with me on yesterday and lstemng tums cunterns The purpose at this
lowes 2s Yo expre
IN WLDNg. IW Most recent cqareiis wih the conmued vicuuuzatien at ms
»
s
family whue fying ty utilize the Howany Chace Voucher progam
| would hike ta wake namerous
farts known belore aiecision 14 made an thiy cas# as the frcty mas have a ducei ampact en the
deter minacion uf whether o1 ot reasonable aceuinmadaiions weredenied Addiuonally,the facts
wil] carvohorace the need for -mmedhate assistance with tha inatter to pres sat homelessne
dhe case iy deeded
8 befe
'
Alter speaking with my easmwouker, Mr. Carlock and youon yesterday afternoun [wane to add
soive informatian te oy file: aad
} want ws Fear Bousing discrimination complaint to vellact the
infeumanon conlamed in this letter
esse le dais leteerserve aa my inost recent respunse fo the
Hains County Housing Authonte’s actuns towards
cuy Jamily: and fer the racoed showUhat I weal
'
Bhe to amend my (ompknae as previously stetad in aunmiaous omatls and calls, to reflert new
information and names in addition jo what hus allendyheen dor umeated (aaaves lo be included are
Ms Bevarty Burroughs and possibly Mar Kelvin Wilhamg).
Let mg start by addiessing the obvious psue: The Haris County Howang Authority is blatamly
dissogarthng vty davalthues and wy ehildien s drealities by deny aig reasonable accounnedanous
thar have heen aieven cepratedl
and rhe suvl agency removed ayers Losaunable accommodation in
mp lilo after [ Aled 6 disev umuation campaine This 1s unrab
and because Lam neal 36 weeks.
Plegnant now
| cannot continue to try 10 appeanetheirbehavion aa ime ts sauinime onl tu resolve
(he complaint betere the following major eventa the bath of my obsld, che senudnanoes of oy
voucher, the feummnarion of the HAP contace with my
bandlord and (he 180 days before 9 decision
must be piade on theecmmiaton wumplaint if 0 waren for additional inte an wi tated Lo futher
taview Checase
The ACHAhag unposerd unreasonable deadlines on ins familyto mase, and, as we dhge assed
Yauimduv (ath Mr Caslool copoho acing the dneta), the Local PHEU has commoaneted with the
said agency in on efiurt to resolve the matterro no avail Fo some iason Mi MeCastand HORA
'
dwector, 14 under the mtpressien(and haa stated such to Mer. Cinch and ro mie) that the Aesistanr
Seuredary of Public and Ladian Having and the Sucetary of Heaang ool Urben Development
need1% ask for Ina permission to grant reusonably necommcdations wath vegarr to mycage after he
wag proviongly made aware this was aot the protocol Mr MuCaztend has ateady agreed ty make
the Waiver raquad but he keeve cuing back and foith abut net Anus iug uke protocol after
Ic has.
Veen explained to bin Ur MoeGuatand as ales staat co Mi. Carlock thea he as Sutcumlortable
vequesting a walver on my behalf even thoughhe | news my cersonable accommodationrequests ae
valid Lec iuso he hes veverdone awairer before, oven Uiough bas ievel of cumfort as ucelevoit with
regard co fedoval sudelines and che proven needs of my faanly Puithermere. if os wot me
posponsibiln ¥ (9 issue An cwuves to any appamnted cabiner member of Ue Unsted Staies governuent
itus has responabiliry, 44 dirertoy of an organizanen recening federal finds, to ensue that
eagunable acummogations aie made to disabled peniona
Tr actdhess the dsslabties of everyone bt dhe luusehold.
0.04
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1
i
i
i
FAX 2817402625
p.05
220/201
¢
The HCHAlis bad documentauoniny years versfving desabsbtice and only bean au extensive Le verification of
such after | fled a disermmmanion complamt against (ke saul agency, Whole the sad agency wax within then
Highity to ask drat tho chsabittes be vorified agama wae not ight to remuve acuemmudations from anyfite
allecring the paymenrs to myhendlod xnmy shilicy 1 unhze the Housing Choice Voucher progiain without
vahd wornuig, 1e760u andtime lo subnat whatever wan neadad to resolve the issue Gvinch was minally
thought co be a misunderstanding),
*
The MICHA issned deadtines by » inch thoy aveded coutamdocuments and demoed veceny of the documents even
altey agencies af higher author ily were alls to verify the docuntents hed been recesved While the matter of the
sea agency denying recempt of vequested jnfor mation weelava partially remerhed, by uitarveaties tom lagher
authority fouwaidng the douwmentstionsail by the RCLHA ta have uot even heen in myfile, the issue of wi
happteedto previous doctumntatuion was also taised and has stl act heenfarcually adfiessed
mont of the dagumonts
©
Upon irosarching che state and federal gudehace relevant iy persons vathcisabilities
the HCHA requested werea't even meet ssa ebet ause the disalnlites were ob ioas and/orotherwiey knownto
the sud ageney Int Pprovided the requesced documentanian sayway even when rlemng wy vekited mv faauly's
privacy Lights under che HIPAA Pravau Rule.
Aan vesuls af further research and cooperation wth HOHA in an elfant ta vemadymyfannly’s housing stuation, tha
sad agency hay bees caught in ever al hes aba(hei: actions wards my family:
When the seul awney and they had no hnewledge | was veating Guns my mothya
this was proven to by fuleified
hy the aard agency because I was able to present the onginal tares and numer oua correspondences leadiay apto
the prncharc of the home im queauon esphettly naviing my mother as my prosper tive Inadtad and diveetly
ackius ledsing ony franihal relagouship as mother and dsamghtos
«When the said agencysaid they woe coaware of copntaued disabilities. this was praven io be a he because the
onginal starement rcgordiug wy enten's catbihtes was inentioned and then disabilities arentot a
tentporayy nate (ADHD chrome athe stress duced asthma and «evere allergies) Also my disatalities
det geuaratied anwiety dteordur, and spiel probleme)
aien’? of a temporary nature (panic dive
atelyed to musieadhigherauthorityinto
:
*
As farthes related to my childen’s disahilines die HCH A delibe:
Dahaving har the mycial pss chotogist statement e\pheatis ststed thit ans clildren anly needed separate
bedionmesfoi a purind not ty excusd 6 munis This was antras because the only reterance to a Lime period wits
the suggestedand/or exvecied Hine te aotiee ay unpravemen
mthe childven's behavior with the wee of an
additional bechoow, ‘These was ne reference nade bythr psyehulogest 10 nuply, mauruate v1 otherwise vlate
1
that at cho end ola 6 wooth period the daldhenshouldlin forced back aro the sue hediaom heeause the
purpose of the request was obtain an additional bedvwom based un dissbiline 4 wari miting the continued need
for such a3 a remedy ro keep tho elaldion fram emyaying violent behavior that could hasm eitherchild and/or
bath chucien
+
As futher volated to my disalshues, the HOHA waa well aware chat | have panic drserder and the aald agency
conrunued to divepaid thin an a disabslity in apie of the fact that my need for ecabihty has been contmnonsly
addtesead, Rven with information ty substantiate my hagile cmovonal and mental atate, the sakl agency
contiaucd a pattere ul bullying. retahaton. and diserminagon
«AQ dwabrlittes velated (7 ol prisons in nw hovsehotd have bean in esastencefor years, There ie not oneangle
eosability Coesdos my pregnancy) shat as vemporary ami, ven a5 at aclated to this matter’s effect on my
EENAMLY As KregMary y ty 7 LempoI|rs cHAditigA the emonentl distesse caused by this matien as nat
cempuacy. Thus. eccodingls he CHA never slovid have removed anyof the gceummorketiuas in che Geet
plea henmves in dung se cho «asd agency disregarded ahoady aprarent chenbibues.
The followute are farts related co mycase
we
FAX 2817462625
p06
R200 14
+
Famdisabled and my chuldcen ary dheabled ae chined bvthe Prue Beusmp Act, and the HOIhos poof of on
dheahihttes as continuous andlong continue fn tact the HCHA has heen aware af our disabilities for years aa
provenby veribable cw veypondance withtheswadl agency andLhe rcasonable acrommorations previously mnmy
iste
+
Ta Augast 2013, my vouchersize was dericased ro 2 bedrooms without valid waning or sonsen whon Twent im
to camplnls tie-cerhficatiun ineerview. At (bat Guat
Twes iabhely huaneted and embatassed about bong
caah)od and my chikhen's disabuhtiex were mocked as was mi pegnancy Subsequently, f led a
dhacy marion complantt abou the mauer,
«After filing the disumnanon couptaior Fvas quoted m wong that T must move ot my home becanse heme
elluwad to reaude ia sc wae a seasonable accommodation thar had been rempved, ‘Pheia have veenseveral reucy
rogardina this matter because intially the HCHA didivt sarognice ie exception to xent Bom x culaive awa
reasonable accommodation oven though the accomimedauonhad been appraved ginco before my tanancyeven
beran at mycutrent residence, macead, the saul aguncy wae dhatunost i commementing with higher author ty
and statedthat the tenancy waa appravell in evar (thas myth wes debunked once ! pvovided documentation
proving OKLA correspondence with the BCHA during the mehame applicable to obluimay the home)
*
Also after Hing che disernjuguon complamt, 1 was noufied ai wiitiay thd F was ag loneerallowed 120% fair
marker rant as payment to my kindlord There have been «eveval ssues abut thos ae well hecause the LECHA
immually tied to mrslead lnghea mutleaty into brhesing rhe 120% FMRfor a 3 bedroom unit wos instead.
Aaudulent paymenttora 4 bedroom voucherbecause (ie home 1s a d-bedioomhone (this ny th witsalae
debunked ancy
UL pavided documentabon proving ongoing co raspondence with the MCHA bork befme and after
Une lenanesy was approvedsoritving rhacT have only recened a9 bedrooms voucherthy entire ime L have vented
thie heme aud the 120% PME waa approved bolas Daca unesed ate the home)
«The HCHA red invalid inappropriate and mielevant arguments thi atvfiuily should leave oui present
Jane borsuse other houaug would sutfics ued the wwnlitality of athor eacabte housing negates my family's
nead to ramam om pre-ant vemdence Tie not feasible fry my family to have (uy eeareh fur housing when we
alreadyItave yoitable longing Furthermore, iy fanuly4 rherapihas eoutsborated the need for salality and,
aven withone the atl statement Fone Gur thorpsat the HOHA was alvendy well aw ave nl the slveiaeeffects
forced moves have had on myfanny (we were displaced 2 yearg ina rowbefore sertling nite this home afterthe
landlords for et lose an the proper tieg We Were renuNg, and
T nearly had a nervuns breakduwad
|
Addinonal [nets are as lalinws
©
Trig che responsibility of the HCHA ay the regimentof fedaral funds to adhere to § 601 of che Rohabilitation
Act of 1973" No otherwise quabfied mdaadual with hanchweeps im the United Statue as defined an 29 USCS
§706 (3) ahall solely by reasonof horor ins handicap o> ex iuled Hom the partispation m, be damed tho
henefits al,
ox be subjeore rd ro Asrtimination under anv prugrant ov acuivas ipcenving Federal Gnaneial
ayainta nea ov wndak any prosiamor acavuy condurted hy any Executive agency or by
the LimitedStates
Postal Sorvice
4
The CHA would notinca: undue admnniseanve av fnancal bardstip by allow rng ine re contaiue senting:
mypresent residence Nor would mvcenRucy cause disadvantageous changes to the Housimy Choe
Voucher program
16 CFR 85 63 ets forth che requnrementof reasonable accommodations with icepect to
Sectinn 304 “A recanent (uf deial funded) shall make easonable accommodanonto the known phyaicel or
mental imitations of an otherwise gnaied handiwapped applicant or omployce unless the recipient ean
demonstrate char the accomadation 6 oul unpond nedue hardship oa the opcvauan of its progam. Whee
reasonable accommodauon duce nut uvervone the efferts
nf a person gs handican ov where raasonitble
accqumnodabon causes imine hirdslap itis aut wo quned ”
+
Inonlyciting the tirat are of 24 CFR 982 306 (dQ), the HCHA is forthes demonstrating chacivunative and
voraliatory behaviot heeanse the onlire stature shouldUe taken inte consiuter
ation asit allows disabled
FAX 2817462625
i
2/20/2014
nersons to vent bom relanves ‘The PHA must not approve a unitthe owner is the parent, child,
atundparent, gvandehih, soliton lavther of any memes ol the tanuly, unless the PHA determines
that approving the unit woald provide veasmnable accanmnadntion fora family member who wn
person with disabilities ‘The statute gnes on ta inctude language snecific to whenthe Leetuiclion applies
am thar itis @aly at (he timeof intiat dcnamy and
t oppheable to continuad ecuupancyuf tha sama wit,
however, the HOHA has diregiadedthay federt gindihineallagethin.
|
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Tw conclusion, | hope chat youwill take all mentioned ineta mto consideration, ag L have carcfully prepared chix
lectorin hopes that my family’s house situation can be remedied an cunsistence with alate and faderal law Wea
have aoc violated anylaws, and yee
are beme exertedfrom out hone Peyeine 4 ta mave would cause an undue
tonvden ond finannal hardsiip an ms fanny, 1 addution to aggiavating alieady appareut andoven
1
absabitiues J. 1s ilogical to take awayuy fomily’s equal opportunicyto use und enjoy our dwelling when the
arian disshihues that wore eited ag tle .esaon toy groaning the previous act ommadatwne havbean pi avon 2%
contimuens.
Please help us
Respectfully,
Kb){6)
po7
FAX 2817462626
HARRIS COUNTY
arty
September 23, 2013
KO}G)
38903 Cove Pointe Dr.
,
Cypress, TX 77433
Dear Ms.
Tamwriting to inform youthat Hat1is County Housing Authority (HICHA)has denied your
!
ieasonable accommodation request for one or more of the following waivers:
«
Ador4-bedroon subsidy;
*
Atl10% of the fair market ren! for Haris County's
«
Loased froin your mother,
1
HCHA has denied the request because we lack sufficient information to establish the following: !
©
That yoursans are disabled as defined by applicable fedeval orstate law;
«
That yaur sons’ conditions require an additional bedroon: or other requested
accammodations; and
«
That the accommuadations yourequested are reasonable
Both Debra McCray and 1 wilt continue to assist you to identify information that would allow
+
HCHAto document a disabilily (as defined by federul er stare law) and provide a reasonable
ayeommodation,
As previously discussed, per your annual recertifieation (hat was completed on September 11,
+
2013, your voucher subsidy ng of October 1, 2073 will be for a 2-bedroom: voucherut 100% of
faire market rent, Assuming your mother wil) allow you to remain in place for the month of
\
October, IICIIA is extending the deadline for moving to 4 hew unit not owned bya relative until
November 1, 2013. This onc month extension only applies to the third waiverreferenced above,'!
Ptense contact me or Ms, McCrayto schedule an appointment to camplete the necessary
docuneniation for your move.
Very truly yours,
Beverly Burrongh
Director of ICV Programs
t
8933 Interchange
Houston, Texas 77054
Tals (713) $79-2100
Fax: (713) 669-4594
www.hchatexas.org
R10
FAX 2617462625
|
att
The Hunavaiste Barack Obama. Peeaittent of the United States
Sho White gus.
400 Penpsshama ‘venus NOY
:
Washington, DC 2u36u
Dear Mr, President.
i
Lam afung bee mee Paced cour telp Dr
one savine st es wth @ mantas
ro aby wy
farm eta gen! howsing darts der
asec teday TRE SUH not ccen ed a egseluuen of
any abet Dean dbeabded euyale ov they wah tthe
my ter Mdest elatdiun alse have
cheahilithes and un yourges hid onty
.2 ee cfd)
vo ar
all plein tone Ramg!ess
bee ee noone aa~ helipad ae
Lhave Leer hemeless twicehjt2 en (ie Hore me Choices Vousber proytane and both omes.
im ware beeause the
bundionda frecoms don the qumes Dwae vending aid tne Lorre County
Jinnrag utboreds amnecd he se reusnces oP dhe ita vuens
| da ner want We same thane
propeie]naw di Rae amor wana ties
the aAVP supsady
toys che mortgage me (aabot pucks te Ue money
Dave
ent he ean exancr
all
nesegare doquaeatation [retine Uber omy damab aecanh necssremain ar otu bome bu.
alors
to Pappen a
aise proving TL we bewe so uat wader fi
ndotats has acwollas CTD ae galitions.
torsohea
Phnow the lausing aactharis ie aness cast fdas
Cert wed cplavira? cher,
ar decease “bh
muimbe, o be digaae rime tia)
bur
Thad to ded
hemy of my ¢
authonits aad eon mide
Wrationis matedeer
disdtia.s sicid rot betve be
ebay the we)
Méren Viv cbihien
tec ay cupid taal
teeta
dveums md the hours
RAGAG2 Uns at cache enc
ctifictae sto, tho pisG vena.
same bert Guinag my
family - rectification. Howe set oefion dha the eanyplauin. Ube voutang .utbertty rc talrated
againet my Times by vemodng “vcrvex omable cecmameditoen nan tle Gaehing che
dhihiy te dense from any
nether ane the exception te er market cary. Pne amd agent has
poliesteves the arcanimedarione Aller rec eu
consistentls a-ko tar newprea bates der
sl regen sted douuntens en, and bas
Fe OO gmLed tad is offense
'
imsenstlts noiidanag and unialacee Go tee roan ot aes nmatiaéne Ge tcc fas 2
weehe are bare fhefa oie ae CCCUME TUE IGTelt My peer ak sats Uy
ad Tht was a
shesb about a tess polantal matter Wey
auoe fel bas
bs
veda d Party ed bu
MOS
Wapact whether ct ren Twill avin be alte to have aay moe children twas an inendt 10 3
femme wad Dwell ney sudue ta he
eto eG) unecessary metic inforine.ton tered
.
Trappease cu iastly)
:
Pdeavat ave apvwanete lege boa es
Am
ek dt
pees poet d tere
Gore ugk ua
Vout Lemay Venu We VM
a fo
ta Paak es em he oe
Abs
males
iarchessd cbr how soins
b
ldven dt
be nest abot pe
the Leising
wulLorits aLproved me eaetrem nee beousc udm bonds
’s disghdities but
alten
|
coureeied
hihor authoriand teed a fai ben tg compha i bout the change in the
putber of ude vomes on wiv venicher the agency
1 now eng dag tect bear ne longer rout Lom
me mother even aller becoming documentation of bah my aude ¢ aeabitine
cud the neod
FAX 2817462625
'
p.i2
KB}
.
GG Ff
fowatahiney The hosing suthorts hay pa.
ratny oni:
vent arcoubnaly Gnee Outeber 3e and ule
Tut bye Sor the Reto ae neds SESUO
'
Av that whacte haprenmeie uae te lis Secadee tenn tend ards ompeedinid giite well ( baye
Attached the marie mid awl vw citing Uh
speaie we yetan and alaiiter preavine che sabes obs
postion and pny famuys rieht
ty
vemcan creahere) but,Gree Dheve apparents upeos emplaycus at
the Fevaing athe ty ces oetpatai ia dices row ad = my Forte ate my unde edits Mai the obstacle
Sertuug the Gehan veeoheays Ute miterOe led eon
we be bass
,
‘The outa ot ebeca Cerietlus
Che basa
very te
ui
aie at gareguhe Sharp ane temyfamily 4
CPR 942 306, -peeifnalls
mevecundino dese ta continu xl eur ies af rhe came unit
‘Che -tadut, protects dieibled people from
\
sates ant hagrat easing LEON en rehiteen after the mtat!
bern Taeks dett inte the skrekt
this
bat sertiny con ye latade efter che accommodation bas bear
Howe
:
+
i
cut
:
ddowed and Dboheve the stitute
wa he niton that cows Cunhes peach af annd mm Laos my dieabrlues
wites topes e EC AM poem2a 8 Baris se rlepeg
Phere bene other way
for phe sureate to be
ALON Gould pean orm
rilerpr yeber adee ane other insert
ewattd be ponalzed oased ua ihe:
1
Wiplovep ns oF Rerdeb addéy chyabuvies and Uae wed Uh aati
1
i
.
:
ced Dy Che ard iu conen ai reetsh Cpectialls di the exact fie we
Soper ms fen Aas ised iiles Byer
+
aeraaus te venaable meatal benht
ve eues sos ‘Lom 2 precious frcca moves the eced for stability
and the werry ot whedan ar rien as fan adil be ble
to remain ia ear preaunt hame) Leet
rhat we dew
tokw helped
we deseu da be able lo shay naa heme
cam weak aaw
toueh Tam tied oafsendine
|
an
Une
cous and Tyust wars
a
another LO nenthefe, We noed b
“Us ana tases
fam ied of ved idine veepvhl. By henlis hes deteriprateat Loon the treet ot deatinn with
eho d det leefa. theaeh eiia
ragten i vo compie aed at whould take
VN,
Uhave sont amereus regaests a amg “eames Wr tens
Vegeta Bechet Greene Lain
R
,
I
Neevetary Hearque, and Secon Donev aa beead. OX mothe: faneed Oe up moncar
ago; bul,
} have
als wo. been tald ta be parcat
Chavon they aie teas busy se Tw euted Mt this pant cbauga, dim aking
sad dasord.e that bra kept ies Angtnrs humclaarmy meto.
Ghe tupragenist duc anys orders Eh ve a ta mesctato:
fh while fwue uegoan? aid ney dine tu camplioaguns, drat may ace ath amiendes
[avn ot sfbagd tu
fly though
Pam aftertobe Fenele.s sean
mid ie Acaofthis teas thac bnew Trial come fo.
Waabrayter
Dt
}
Vigeuthe Ebave had y sages che mest rcccie wad Pursday of last week) and] have had 2
ta the par
:
Glued fainsfasune Als blood presetee es ecwosteble 1aies fotpu ahd now. dnd Und, x meine.
eAUSEU Me ta pass out but Cam comme @) have ce ode) My mediod utopiatian 6 Hl be Torwed ded to tie
VedStn Warshingso Hospital Cope oe ine Pagid anti. laepatet within 27-44 hewes atime depmtune,
from Houston gee of areneccened
aie tier dette cb aeeler cmd a peasant basting my bloc) (pe anid
allawea Fae
i
i
Fadlo not bes abe pretecol for coming te the Woute die
ont
ua.
Mea saat bela: and, hun Past
+
Uhere thet
r whee
| ua eon to tO winds et mes te eer Pde sotant lo he arrested ay shut fon
ontthere waite) aa predic
aime dare peor nen
of beaenya ere tim nut weleemed.. 0
plence cont think hayd of es Sacre Gonacity
Padi aa gust
md eirbouw! any p ablesys as soon as Lay
told te
| tallow eneectioas aude woom Tain not hate of undecstimling tu. have fo come thite lec suse
t
rae ehoacto ter uy burn and famate aid
FAX 2817482625
‘
pia
(6;
1
of202014
ee)
1
In addihontothefirst letter) sont you, { have attached theletter
J received in response from the IcaHUD
Field Office.
| also attached the intimationprov.ag that} have pravided the requested documentation to
Lentmie the secommodanone even thoughst wan't needed (the cops attached wae originallysent to Secretary
Donovun’s office directly font my faunly'’s therapist, aad che racking number ts 207 FAH PD-.
© 00672).
Please note thatin the attached re<ponge trom the loca held office Thave nor beenallowedto are the letter
veterenced slatang Ubai
disabeitey
would net Me Uo imd «sia menth window.
J have
keG ta see tbat
letter in whiting, but Ihave been denied secess tu tt each Gnu My childien'a disabilities are nat issuea'that
disanoea in 6 months and my disabitiucs won't other Fiethermuse
the ascmmmodut-<
swore gronted in
2010 bared on allow deabiitics
not just Uiems Gind I still have che pagenvork to prleve ib) sp, faa uneure
why the horang auihorny fle dy ned We eneeciain a statemen [ait not Ulowed to see ar get curented ut
aun. Ropar) an chomal. lot ratemens is amid co have Leen
a
wre dale. staredthas
a
dy on written
iy 2008; and
T completed oaecertidienuans alrer thal without a prablemyerlsing dic same shaabilites. 80,
quite fankiy, 1 mu offended by the
lech of cumern ler my amily s valid do abiliics and the aentiening'af 0
sear-o'd
paperaale Thavent heen allowed to ae otter cansieke ot and current papers ore wae laeused and
dest uyed,
Thinve duat x luton d
coeuviadke
Cem ao’ borden
on our lemuly my
chikdies's edoraron my cortnad educaay celatonship ms unents father our fends and our peers,
Ting wick rhy aaatier
chee
Tam coembarracced tiynt Domus cally 0
tear
ott
ol hoe done weurvrbaay baa tu comply with the
eal dune veeraied any fa
Tm just
Jisagug aetlorn evenachen dimen con ei ine thangs ot
ye ght,
ted,
aad wenced you help
Teeatrtvely plan ta bea Wasampien Dt the oecek of dah 7 YOLt trem che
Forde rhe 89 dam well
nrop
at the Willard Tite rcontinental
eneugh ta cueand stand wirhous support ts thea fy Tb moet bhkely 54
wohony daobo auae its cos: te AD Te udquaaten: and Lplan de go there fast Tamderatand if vou
Ale, HAL YOu
Same ie hea
ongcancerans. Plawebh asteriat loonesnnet help pre fis Ube eo
cannot ae
arioast parat mew the div cron ol semeone why ota
1
”
moms fante remiia ui our houwte ml eaatioue te atdize the Nousing
Larne seckeng a waren that will
Chews Vo cher pegenm
‘
Tlewae: belp Us
Resectfully
Bye)
ee
4
\
FAX 2817462625
,
pid
rank ey,
US.D
\
ne
epartment of Housing and Urban Development
fy a
Office of the Field Oltice Director
u
2211 Norfolk Street, Suite 200
Houston, Texas 77098 4096
1
‘ngth
(713) 313 2274
4
www.hud,gev
,
November 18, 2013
'
Kb){6)
Dear|
SUBJECT: Wrongfut Eviction
HarrisCounty Housing Authority
'
The Office of HQ-Execurive Secretarial received your inquiry of Octobe: 29, 2013, 10 President
Obama, and has forwaided it to the Houston Field Office for a response because the Harris
I
County Housing Authority (HCHA)falls within the jurisdichonofour agency. Please consider
this a formal response to your correspondence,
!
After an initial review of the information received, the HUD Houston Office of Public and Indian
Housing contacted the HCHAto inquiic abouttheir requirement to 1elocate you from your
|}
currentresidence, and the destructionofdisability documentation concems expressed in your
letter,
i
The HCHAprovided ouroffice with a copy of your entie file. After an extensive review,it ws
determined that the current reasonable accommodation to rent from a relative (your Mother) was
solely based on yourchildren’s disabilities. Those disabslities, as stated by your Physician,
t
would not exist beyond a 9ix nionth window, However, that time-frame has elapsed. Therefore,
alt of the reasonable accommodations afforded to you no longer exist as weil.
Based on ourreviewof the file and numerous conversations with you, the file reflects the
'
documentation you subnikted, and does not appear to have been altered
However,if there is
any new and/or additional documentatian you wash to have us review, please forward that
information/documentation to ouroffice,
The Deparment is sympathetic to your concernsand the difficulties that you may be
4
experiencing. Mr. Tom McCasland, Executive Director of the HCHA has agreed to speak with |'
you dhecily, and can be reached at (713) 669-4545,
FAX 2817462625
2
Thank you far your interest in the Department's program, and for bringing this matter to our
attention
Should you have any other questions or need further assistance, please contact Mr
Kelvin Williams, Pubjic Housing Revitalization Specialist at (713) 718-3219.
Sincerely,
Edward L. Pringle, $1,/PhD.
Director,
Houston Fish!
Office
pls
FAX 2817462525
Lewis, Christina
Thu May @ 112 PM
to biyar, greene@had gas, entreCarlo cOb e Gat
cc browWD yrail com
:
RE:
PENDING FAIR HOUSING DECISION 2014-
AHFD-EXEC-00672 - Documents
Thanks Bryan. We will ensure that we have this information doctunented in the file,
Christina Lewis
Director
Houston Field Office
Fair Housing and Equal Opporninity
US. Department of Housing and Urban Development
1301 Fannin, Suite 2200
'
Hotston, TX 77002
(Direct) 713 718-3189
(Pax) 713 718-3255
From: Greene, Bryan
Sant: Thursday, May 08, 2014 2,54 PM
Toi Lewis,
Christina,
Carlock,
J Andre.
cc:
(exe)
Subject; FW: [yey XE)
PENDING FAIR HOUSING DECISION 2014-AHFD-EXEC-00672 - Documents |:
wants you to have pertaining to her case.
'
Please see the attached documents Ms.
Thanks.
From: William Smith [mailto Witllam.O [email protected]}
Sent: Thursday, May 08, 2014 3:39 PM
To: Greene, Bryan
Cex
[OXO)
1
Subject: LG) JI@)6)__] PENDING FAIR HOUSING DECISION 2014-AHFD-EXEC-00672 - Documents
'
Mx.
Grecn,
The documents attacned are
for a pending Fair Housing dazision.
pig
U.S. Senator Ted Cruz
Unuted States Senator * Texas
The Information and Privacy Act Form
Phe Pree
\corequires vor winter Comsent belory 4 goverment ageney wil aiclease mlornyation,
toaur office reading your records. Lo belle: serve von, please Complete this forms ancl petunia
moukhoued below
Please be aware dit the person ec quesung assistance List steno dus Lown
'
Phesels anthonze the office of SENATOR TED CRUZ to request on my belie! poraaent te the
|
Breederof Information and Pasacy AcCof [07 1 access fonfoemation cone crmng me, and 10
fomard copics ab mt corespondencemvoluing (Name of (gene) HOriasCoun
Housing
AucthanetyAndtclerdotHuppoldiesti addhnon, theoffice of SENAVOR
CRUZ is
abd
authonvzed to sce any materials thatim sy be disosed pertinent to dat request
Kb){6)
NAME:
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EMAIL ADDRESS:
HOME PHONE#:
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WORK PHONE #:
)
CELL PHONE #:
¢
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MAILING ADDRESS:
Je
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HOME OF RECORD (sernice membersonly):
Ne)
DATE OFBIRTH:
(unmddlyny)
FONT
SOCSEC#:
VA CLAIM # (if appheable):
PASSPORT# (if applicable):
ALIEN REGISTRATION# Gf applicable):
OTHER ID #:
(ib appheable, pleas meicate tax year) and lonv 4)
t
}
*Have you requested assistance from any other Congressional office? If yes, which one and did
:
you receive a final response?
NO
,
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‘
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Asia) Dole
,
fiosnacve
Wate)
UShYLUS PAGL TO UNPLAIN YOUR PROBLEACTO
PILE
SEN VLOR
Note: Becaise of seconmeasines. mails tow niadiated. which Gan damage sensine items?
saci as Case le tapes. videos. CD's and DVD's. Fax. c-nial and web torease Hie cttic hest was to}
lonsand som mformanon *
;
INSTRUCTIONS:
Ploase site a Died bater oudiiang the nating af veut problomand be as spoeric as
posible. In praticular wdude the nanes ol any puble olficails you have Communicated with ur
the past and thedates those communications ocauited.
iso, phase attadiany tcfeuant
couespondence Ubit you have antited or recatved concenmag your problem. Yoru may submit
f
vein colapleted foun atid any ober poriuent alachmcuts be,
i
U.S. Senator Ted Cruz
961 JJ. Pickle Federal Building
300 E. 8° Street
Austin, Texas 78701
‘
Fax: 512-916-5839
casework@eruz,senstegov
+
a
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
. ill
WASHINGTON DC 2410-4000,
ASSIST ANE SECRETARY FOR CONC RE SSION AE
ANDINTERGON ERNMENT AD RIT TIONS
The Honorable Ted Crus
United States Senator
300 Last 8”Street
Austin, 1X 78701-3233
Dear Senator Cruz:
Thank you for your email on behalfof
[EJ about her housing hardship
[he
following informauon1s from the Department of Housing and Urban Development's (HU 1D) Ottice
of Public and Indian Housing (PHL).
The Departmentreceived similar
letters addressed to President Barack Obama and HUD*s
Secretary Julian Castro from Ms.
about the aforementioned matter. The Department
addressed her concernsin the enclosed letter dated November 4. 2014
In order to provide you with the most current information about Ms EO Thousing
situation. PHT's staff contacted the Harris County Housing Autho
HCA). Tom McCasland,
Executive Director ot the HCHA. intormed PIEHs staff that Ms
has requested an appeal
hearing which has been granted to her
Final adjudication will be determined by an objective third-
party aritrator
IfMs
has additional questions or concerns, she may contact Kelvin Williams in
HUD's Houston Field Otfice of Public Housing
Mr. Williams canbe reached at 713-718-3219,
I hope this intormation1s helpful in responding to your constituent. If T can be of further
assistance, please let me know.
Sincerely,
Inka L. Mortsugu
Assistant Secretary for Congressional
and Intergovernmental Relations
Fnetosure
ww hud.goy
espanol.hud.gov
i
Me sees
es
U.S, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON DC 20410-5000
*
etsy,
ar
on
OFFICE OF PLBLIC AND INDIAN HOUSING
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voy -4 cid
Dear Ms.
On behalf of Secretary Julian Castro, thank you for yourletter about your housing
hardship. After an initial review ofthe information received, HUD’s Houston Office of Public
and Indian Housing (PITH) contacted the Harris County Housing Authority (HCHA)to inquire
about your concerns.
The HCHAprovided PIH's staff with a copy of yourentire file. After an extensive
review,it was determinedthatthe current reasonable accommodation to rent trom relative
(your Mother) was solely based on your children’s disabilities. Those disabilities, as stated by
your Physician, would not exist beyond a 6-month window, However,that time-trame has
elapsed. Therefore,all of the reasonable accommodationsafforded to you no longerexist as
well.
Based on the Department's review ofthe file and numerous conversations with you, the
file reflects the documentation you submitted, and does not appearto have beenaltered.
However,if there is any new and/oradditional documentation you wish to have HUD review,
please forward it to PIH’s Houston Field Office.
The Department1s sympathetic to your concernsandthe difficulties that you may be
experiencing. Tom McCasland, Executive Director of the HCHAhas agreed to speak with you
directly, and can be reached at (713) 669-4549,
Thank you for your interest in HUD’s programs, and for bringing this matter to the
Department’s attention. Should you have any other questions or need further assistance, please
contact Kelvin Williams, Public Housing Revitalization Specialist at 713-718-3219.
Sincerely,
ch
husLaomee/
Lindsey
Reames
Acting Deputy Assistant Secretary
Office of Field Operations
www.bud.gov
espanol.hud.gov
U.S. Senator Ted Cruz
United States Senator * Texas
‘The Information and Privacy Act Form
“Phe Privacy Act requires your writen consent before a government agency wi] release information
to ouroffice regarching your records ‘To better serve you, please complete this formandreturn it
asdicated below
Please be aware that the person requesting assistance must sign this form.
Lhereby authonze the office of SENATOR TED CRUZ to requcst on mybehall, pertmentto the
Freedom ofInformation and Prvacy Act of 1974, acecss to mformation
concerning me, and to
Jorward copies of my correspondence involung (Nameof Agency) SAUD4
_
Tn addivon, the office. ofSENATOR
CRUZ 1salso ahonzedto sce any materials that may be disclosed peruneatto that request.
oye)
NAME:
oye)
EMAIL ADDRESS:
HOME PHONE #:
‘WORK PHONE #:
CELLPHONE#:
(
1
KbM6)
MAILING ADDRESS:
|
HOME OF RECORD (sernice members only}:
oye)
DATE OF BIRTH:
ramVdd/yyyy)
VA CLAIM iif applicable):
an
PASSPORT# Gf apphcable):
ALIEN REGISTRATION# {if applicable):
oye)
OTHER ID #:!
(fF appheable, please indicate tax year) and form#)
*Have you requested assistance from any other Congressional office? If yes, which one and did
you recerve a final response?
WS
of
Nien
Ne)
oF ekcesghadacl .
Ulsl ty
Tignalurey
(Date)
USE THIS PAGE TO EXPLAIN YOUR PROBLEM TO THE SENATOR
*Note
Because of security measures, mad is aow irradiated, wiachcan damage sensinve tems
suchas cassette tapes, videos, CD’s and DVD's. Fax, e-mail and web formarc the quichest ways to
forward your ufermaton.*
INSTRUCTIONS:
Please wnte a bnelletter outhning the nature of your problemandbe as specific as
possible
Tnparticular, include the names ofany pubhe officials you have commumeated wilh im
the past and the dates those communications occurred. Also,pleascattach any relevant,
correspondencethal you have imuated or recenedconcerning your problem, You may submit
your completed formandany other perunent attachments by.
U.S. Senator Ted Cruz
961 JJ. Pickle Federal Building
300 E. 8° Street
Austin, Texas 7870]
Fax: 519-916-5889
casework@cruzsenategov
04/15/2016
DearSenator Ted Cruz,
| pray this email reaches someonewilling or able to help me
I tried to get a modification done about a year ago and it took a long time so | fell even mare behind in
my finances, and had to sell my home On closing day, the partial clawn finally went through, and my
closing was halted In the meantime, my new file seems ta bein limbo, andthe affordable housing |
painstakingly searched for and found 1s slipping away, as ( need the ttle bit of money | will get from the
sell to use as a deposit, and first month’s rent (Affordable housing is so hard to find aroundhere }
Independence Title Companyis needing 2 payoutconfirmationin orderto proceed, and complete the
sell. | was wonderingif there was a way to do this manually? Or perhapsyou could work with Wells
Fargo Home Mortgageto abtain the payout aver the phone? | have doneexactlythat and have spoken,
to Angela Burt, HomePreservation Specialist 877-458-8417, and | have obtained 9 payout amountof
$23,000 139 74 However, in orderfor the titfe company to proceedit must come directly from HUD
The iast representatwe | spoke with, Jonathan at the HUD:LoanServicing department(877-622-8525)
said that the toan informationis nat showing up in “neighborhood watch”
You would be saving my children and (if you cauld help meget this resolved If you need more,or need/
wantto speak to the title companyplease contact Asten Mull 713-316-0226 or via email
amull@independencetitle com, Via Fax 713-316-0800
Thank you so much for your help
Regards,
oye)
FHA Case Number{i0)(0)
Kb){6)
KONE)
xtia Case INo,
PARTTAL CLAIMS PROMISSORY NOTE
FEBRUARY25, 2016
HOUSTON
TEXAS
[esfective Date}
{City}
(State]
(e}6)
{Property Address)
1.
PARTIES.
“Borrower” means each person signing at the end of this Note, and the person's successors and.
assigns "Secretaryor “Lender” means the Secretary of Housing and Urban Development und its successors
and assigns
2,
BORROWER'S PROMISE TO PAY
Tn retum for a loan recetved from Lender, Borrower promuses to pay the praicipal sunt of FWENTY-
THREE THOUSAND ONE HUNDRED THIRTY-NINE DOLLARS AND 74 CENTS (U § $23,139.74),
te the order of Lender Due and payable upon aneafthe following events below
4.
MANNER OF PAYMENT
(A) Time.
On APRIL1,2046or, ifcathiet, whon the fizst of the following events occurs
@) The Borrower has paid in full all amounts due under the primary Note and related
mortgage, deed oftrust or similar Security Instruments insured by the Secretary or
(it) The matunty date ofthe primary Note has been accelerated, or
(y} The Note and related morigage deed of trust or similar Security Instrumen) sre no
jonger insured by the Secretary, or
(v) The property is not occupied by the purchaseras his o: her principal residence
(By Place.
Paymemt shall be made atthe following address
U.S, Department ofHUD
s/o Novad Management Consulting,
Shepard's Mall
2401 NW 23"Se, Suite 1AL
Oklahoma City, OK 73107
Toll-Free: (877)-622 8525
Fax Number~ (800} 489 1733
or any such otherplace as Lender may designate in writing by notice to Borrower
4.
BORROWER'S RIGHT TO PREPAY
Borrowerhas the right to pay the debt evidenced by this Note, m whole or m part, without charge or
penalty If Borrower makes a partial prepayment, there wil be no changes m the due date ar in the amount of
the monthly payment unless Lender agrees in wrsting to those changes
3.
WAIVERS
Borrower and any other petson who has obligations under ths Note watve the nghts of presentment
and notice of dishonet "Presentment means the right to require J.ender to demand payment of amounts due
“Nouce of dishonor” means the right to require } ender to give notice to other persons that amounts due have
not been paid
6.
OBLIGATIONS OFPERSONS UNDER THIS NOTE
Li
if
Ef
eq
ETT
agement
roo wee!ENO
Turst American Merigane Solutions
Page
03/22/2016
9:21AM {GMT-05:00)
|
I.
L.S. DEPARTMEENT OF HOUSING AND URBAN DES ELOPMENT
WASHINGION DC XM10 1000
ASSISTANT SECREFARY FOR CONGRESSIONAL
AND INTERGON
PE RNMENTAR REL STONS
ss MR
May
5 221s
The Honorable Ted Cruz
Laited States Senator
961 JS Pickle Federal Building
300 East 8" Street
Austin, TX. 78701-3207
Dear Senator Cruz
Thank youfor yourletter on behalf of your constituent, Ms.
about her request
for assistance with resolving a Federal Housing Administration (FHA) loan modification issue,
Specifically. Ms
skedfor help with obtaining a payott confirmation from the Departmentof
Housing and Urban Development (HUD) sothat the tite company, Independence Title Company, can
complete and close her FHA Home Atlordable Modification Program
(FHA-HAMP)application
Ms
mortgage (s secured by the property located at
18003 Brooknoll Drive in Houston. Texas. The following intormation ts ftom the HUD's Office
of Housing
Areview conducted by HUD's statf has confirmed that Ms. [®6)
FHA-HAMP
appheationhas been completed. The FHA-HAMPclaim must be filed prior to NOVAD.the
Department’s contractor, being able to issue the payoff confirmation.
Wells Fargofiled ts HAMPclaim with FHA on Friday. April 30, 2016
Until that claim has
been paid and HUD’s systemof record has verified the transaction, no payoff amount can be
determined, On April 28, 2016, the Department’s statf spoke with My
[©
and provided her with
diteet isiructions as to how fo instruct her ute company to proceed withher
closing.
It Vis.
has further questions on this matter, she may contact
Ms Kert Fulbright. a Housing Program Specialist at HUD’s National Servicing Center at
1-866-449-1661. extension 8507
Thope this intormation1s belptul in responding to your constituent.
If Lean be of further
assistance, please let me know
Sincerely,
b
Moritsugu
Assistant Secretary for Congresstonal
and Intergovernmental Relations
sownhud.zov
espanol.hud gov
Congress of the United States
Washington, BC 20515
December 21, 2015
The Honorable Julian Castro
Secretary
U.S. Department of Housing and Urban Development
451 Seventh Street, SW
Washington, DC 20410
RE: Rulemaking Process for Amending 24 CFR Section 3280.8(g)
Dear Secretary Castro,
Weare writing regarding a Notice of Proposed Rulemaking that HUD hasapparently
drafted addressing the Office of Manufactured Housing's (OMH)definition of a recreational
vehicle (RV). Dueto our concerns with delays in your department, we urge you to immediately
publish this regulation for public notice and comment, and promptly complete a final regulation.
As you are aware, your own Manufactured Housing Consensus Committee (MHCC)
voted in December 2014to clarify the RV definition in a new regulation. Since there appears to
be agreement amongkey stakeholders on the major definition points recommendedbythe
MHCC,weexpected the Notice of Proposed Rulemaking would have been issucd by now
It came as welcomed newsin January 2015 that, pending the outcomeofthis formal
rulemaking process, OMHclarified 1t would not take enforcementaction against park model
tecreational vehicle (RV) manufacturers. The Program Memorandum from HUD's Office of
Manufactured Housing Programs provided short-term clarity for some jurisdictions that were
confusing larger RVs with manufactured housing when setting tax and zoning regulationsat
campgrounds where RY products are used.
However,the continued lack of clarity on OMH's final definition of a recreational
vehicle is disrupting an Americanindustry that1s still rebounding from the economic downturn.
An updateofthis policy, originally set in the early 1980s, will provide certainty and guidancefor
RV manufacturers, consumers and campgrounds. Giventhe industry consensus, we see no
reason for these stakeholders to wait any longer.
Please inform us immediately when youintend to publish the Notice of Proposed
Rulemaking that seeks to codify the MHCC recommendation. We understood this Proposed Rule
was a high priority for HUD and OMH.II this is the case, the Notice of Proposed Regulation
should be issued immediately.
Thank youin advance for your cooperation. We look forward to hearing from you about
HUD's plansfor publishing the Notice of Proposed Rulemaking and producinga final regulation.
PRIN] 20 ON FICCYC.£9 PAPER
Sincerely,
MarlinStutzman
Memberof Congress
‘odd Rokita
Memberof Congress
Meare
Luke Messer
Memberof Congress
Lynn Westmoreland
Member of Congress
Glenn Grothman
Memberof Congress
Tim Walberg
Member of Co
/
«nekee LJatoesky
Jackie Waldiksi
Member of Congress
Loa
Kristi Noem
Memberof Congress
a
Sam Graves
Member of Congress
Susan Brooks
Memberof Congress
Todd Young
Todd Young
Member of Congress
Larry Bucshon
Larry Bucshon
Member of Congress
5
“ti
ASSISTANT SECRETARY LOR CONGRESSIONAL
AND INTERGO¥ ERNMENT AL RELATIONS.
et
U.S. DEPARTMENT OF HOLSING AND URBAN DES ELOPMENT
lt
:
WASHING LON DC 20410-1000
-
FEB - § 2016
The Honorable Todd Rokita
U.S House of Representatives
Washington. DC 20515-0001
Dear Representative Rokita’
OnbehalfofSecretary Julian Castro, thank you for yourletter urging the Departmentof
Housing and Urban Development (HUD)to expeditiously publish for public notice and comment. a
proposed rulemakingto update the Office of Manufactured Housing Program's definition of a
recreational vehicle (RV). The following informationis from HUD’s Office of Housing.
Asstated in yourletter. HUD brought this matter before its Manufactured Housing Consensus
Committee (MHCC) in December 2014. The MHCC recommended that HUDclarify the current RV
regulatory exemption anddefinition in HUD’s Manufactured Home Procedural and Enforcement
Regulations (Part 3282 of Title 24 of the Cade of Federal Regulations)
Asalso stated in yourletter.
HUD issued a memorandum in January 2015 that extended the date for compliance with an earlier
October 1, 2014 memorandum.until a final rule concerning andclarify ing the current RV exemption
could be published.
HUD’s Fall 2015 Semiannual Agenda,posted at wis reginfo goy.lists its agenda of regulations
that HUDis working on and expects to issue during the next several months. Proposed regulation to
revise the exemption for recreational vehicles is included in HUD’s Agenda.
Specifically, HUD's proposed rule would revise the current exemption by defining a recreational
vehicle as a factory built vehicular structure. not certified as a manufactured home, designedonly for
recreational use and not as a primary residence or for permanent occupancy, and built and certified in
accordance with either the National Fire Protection Association 1192-2015 (Standard for Recreational
Vehicles) or the American National Standards Institute 4119.5-15 (Recreational Park Trailer Standard).
la addition, HUD’s proposed rule would require that units claiming the RV exemption displaya
notice that identifies the standardsused to construct the unit andstates that the unit 1s designed only for
recreational use. and notfor use as a primary residence or permanent dwelling. The target date for
publication ofthe proposedrule is the week ofFebruary 8. 2016. HUD is working toward meetingthis
xoal.
1 hope this informationis helpful
If f can be offurther assistance. please let me know,
Sincerely.
a t.. Moritsugu
Assistant Secretary for Congressional
andIntergovernmental Relations
www.hudgov
espanol.hud.gos
Privacy Release Form
Authorization in Accordance with the 1974 Privacy Act
Congressman ToddRokita
United States House of Representatives
Date of Birth
DYE)
HON
7
Prefar Emaif Communication?: Yes / No
receive Congressman Rokita’s email newsletter
Daytime Phone
Evening Phone: (so}
7
oye)
Social Security Numbet:
laim or Serial Number:
Please briefly describe the exact nature of your problem, and what you would like Congress-
man Rokita to do to help you. Please send copies of any relevant information. (DO NOTSEND
ORIGINALS.} Please use the back of this form or attach additional pages if more space
is
ded.
&
a
oof
3x02:
OF
takls
Faklpr-sury
a@l
of (ea
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2 eal
21donstecept nhata
Curt! LWA
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PegaBeakAlscpaplala dhFORT&
BOK)
Le
ot
on
Are
represented by an attorney?: Yes
No
Note: The Privacy Act of 1974 prohibits the government from revealing any information from
personalfiles of individuals without the express permission of the person involved. Disclosure
of personal records to a Memberof Congress whois acting on behalf of the constituentis pro-
hibited, unless the individual to whom the record pertains has consented.
|, the undersigned, hereby authorize the office of U.S. Representative Todd Rokita to receive
information in myfile pertinent to his inquiry on my behalf with any federal agency.
KoM6)
Signatu|
Date:
7
fJ 5
f
Please return wr form to the DANVILLE DISTRICT OFFICE
355 South WashingtonStreet
Danville, Indiana 46122
Phone:(317) 718.9404
www.rokita.house.gov
7-4-19
To whom It May concern:
My son Craig Lynn Fuller and
Maurice D. Fuller has had a home loan
with Wells Fargo Bank, N.A. or
Wells Fargo Home Mortgage since 2007.
Then in 2017 Wells Fargo Home
Mortgage started sending my mortgage
payments back to me stating they don't
accept partial payments. This is the first
time they have performed such action.
I've mailed to Wells Fargo $534.25
many times since 2007 and they
accepted my payments. Relating to
statement date 6-18-17 they want me
to pay 594.19. Because of other obligations
I can not pay the amount 594.19.
So now they're saying I'm behind
on my mortgage payments plus I'm
behind in paying late fees.
I sent my mortgage payments in
at a proper time period. As you know
the postal service isn't the best anymore.
You never know when your letter is
going to reach the destination. Wells Fargo
has no concrete proof that I was late
sending in my mortgage payments.
As you can see on statement date
6-16-17 I've paid Wells Fargo a
lot of interest.
My interest rate is 6.750%. I
believe this above the going rate today.
But still Wells Fargo is unhappy with.
The 6.750% interest is a fixed rate.
Knowing Wells Fargo they think
they can charge me 10% interest. The
6.750% interest is a yearly rate charged
against the unpaid principal balance. How
they got the monthly charge of $71.22.
I don't know.
My unpaid principal balance is
$48,822.68. The appraisal on the house is
$80,000.00 plus. I truly believe Wells
Fargo Bank, N.A. or Wells Fargo Home Mortgage
is not interested in changing things or
helping my son and I out. They're after
blood, stealing my house.
I don't know how Wells Fargo
$594.19
Recently I sent Wells Fargo Home
Mortgage $74.10, by check to pay for
insurance for the months of June
+ July. If my check is not cashed or sent
back & I'll know precisely Wells Fargo is up
to no good.
Sincerely truly - [illegible]
oie isHT
oat
Se
Laene,a
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Lalani Lo"‘ed5
8.Wheie
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Tapes ae
yne wv > Lepartment of Housing and Urban Devefopment (HUD)recently published a new regulation which requires mortgage Service
companies to change escrow collection procedures This regulation is an amendmentto the existing Real Estate Settlement Procedures Act
(RESPA}
Kt applies 1b all residential loans The regulation was effective May 24
1995, for all new loans Wells Fargo Bank 1s implementmy
the new regulation for each existing Joan with the next scheduled annual escrow analysis performed after May 24
1995
This provides
information to assist you In understanding the impactof this change You will receive mofe information in your escrow snalysis statement
What Is
“escrow analysis" and why1s it changing?
Escrow analysis establishes the amountthat 1s collected
with eachloan payment t0 pay
taxes, insurance, and other escrow nems The new HUD regulation is changing the method of escrow analysis
It requires all mortgage
service companies to use the "aggregate" (or “cash") analysis method Previously many service companies(including Wells Farga Bank!
used the ‘single tam" for “lne item") method
Will my monthly escrow paymentincrease or decrease as a result of this changa? The new methad of calculation may result in any mcreased
escrow payment tor same customers, a decrease for others The exact mmpact on each customer is difficult to determine until Wells Fargo
Bank completes the actual escrow analysis Your annual escrow analysis statement will reflect any changes in your monthly payment
amount
How will Wells Fargo Bank determine the appropriate escrow balance for my loan? With each escrowanalysis statement you will receive a
projection fer the next 12 months The projection will show how we expact your escrow balance to change each month
It will reflect
monthly escrow deposits, anticipated disbursements of taxes msurance and other escrow bills, and will show the projected montheric
balance
Atleast once a year, the projected month end balance shouldfall to an assigned minimum level This is calleta
cushion”
Your
mortgage documents, applicable state law, and RESPA guidelines establish the amount of your cushyon
We will show the cushionfor your
loan on your escrow analysis statement
What happensif, after analysis, the escrow account has too much,or not enough funds?
If there 1s too much {an overage}, we will refund
to you any amount of $50 or more tf your loan is current We will retain any amountof less than $50 andspread Hf over 12 months to
reduce your monthly payment
If there is not enough la shattagel, we will spread the payment of the shortage amount over 12 months and
add It to your monthly payment
When will Walls Fargo Bank pay my escrow bills? The new HUD regulation requires mortgage service companies to pay escrow bills early
enough to take advantage of any “discount” for paying early
If there is mo discount period, the servicer must pay bills before a delinuency
fee or penalty would be assessed in the escrow analysis the "due date”of any escrow bill 1s considered to be the month Wells Fargo Bank
anticipates making the disbursement from your escrow account
Whenwill ttus change go ints effect? Wells Fargo Bank 1s making the change with each regularly scheduled annual escrow analysis Under
the new regulation, Wells Fargo Bank will still determine the timing of the annual escrow analysis At least one escrow analysis must be
performed within each 12-month penod
How do we determine how much money should ba in your escrow account?
First, we do a projection of the next 12 months of escrow payments deposited to your escrow account and escrow hills anticipated to be
paid out of your escrow account This projection slafts with the escrew balance which should be on deposit just before the beginning of the
12 month period (assuming that you have madeail payments duel
Next, we look at the 12-month projection, and find 4 rchmpnth yeoge is feached
(This low paint may be a negative balance
}
eo congenl
Next, we compare the “low point” to the maximum cushi®
amoups allowed toy yourtoanRigiow pp9 less than the cushion thea
funds must be added to your escrow ac@punts Hgthe
ieve wes
more thiglmsshi8n,
tEpes he subtracted from yaur escrow
account
This difference ts also added or subtracted t
ie,
thé “requé
ce" for you escrow account at the beainomgof the 12
month penod This 1s the beginning balance for the 12-month projection as shown on your analysis statement
Finally, we compare the “required balance‘
(o the actual escrow balance expected to be on depasu at the begmoing of the 12-amonth peiod
1f the actual balance is more than the required balance, then your account has an “overage” (overages of $50 or moreare refunded to youtf
your loanis current, overagesofless than $50 serve to reduce your future monthly payments and are spread over the next 12 months)
{t
the actual batanceIs less than the required balance, then your account has @
shortage
(shortages are spread over a 12 month pertadand
your monthly paymentis increased by that amount) You do have the option to pay a shortagein fulll if you would rather not pay it aver 12
months
After the escrow accountbalance is determined, how is the Monthly Payment catculated?
To determine your monthly payment, we always start with one-twelfth (1/12)of the total amount of all escrow nemsto be paid in a year
(this includes property taxes, homeowners insurance,etc
, if these are escrowedfor your loan)
If you had a “shortage
we add another
monthly amountto your payment to collect the shortage over a 12-month period
If you had an “overage” of less than $50 we reduce
your monthly escraw payment by spreading that overage over a 12 month period Thetotal escrow paymentis part of your monthly
Payment.
Your escrow analysis statement wil! show you the date when the new monthly payment takes effect
Whatis a Cushion?
The “cushion” 1s a minimumescrow balance which Wells Fargo Bank ts allowed te keep in your escrow account
It is intended to be
protection to cover unanticipated disbursements made before the horrawer's paymem's available m the escrow account The amount af the
cushion depends on the wording of your loan documents, state law and the RESPA guidelines We calculate the monthly payment amount
so that, sometimein the next 12 months, your escrow balance1s projected to reach a
low point’ which1s equal to this cushion You shoutd
see this reflected on your escrow analysis statement
Hf you have further questions about your escrow analysis, catl us at (800) 288 3212, Monday through Friday, 7am to? pm
Central Time
NMFL #4272 (INIT) Rev 05/09/2005
Pome Qty
Return Mail Operations
Page iof2
dow
PO Box 14417
Statement date
06/16 /x
wet bey ASE
Des Moines (4 50308-3491
Loan number
(b){6)
Property address
1278 N COUNTY RD 900 W
LOGANSPORT,IN 46947
CustomerService
Yourloan has beenreferredto foreclosure. The amountto bring the account current ma;
yary daily:
prior to sending funds,call us for a reinstatementor
payoff quote. Amatured
Onhne
Telephone
loan requires alll balances to bepaid in full. This docs not change a sale date thatmaybe
wellsfargo com
1800-868 0043
scheduled.
Correspondence
Fay
PO Box 10335
1 866 278-1179
DCSFISDTRY 027249DCSF1S00000038680708
Des Moines IA 50306
Hoursofoperation
MEETTATtteeeeeel:
@ pee
Mon Fn7am -8pm
oye)
PO Box 14591
a
Des Momes IA 50306
Weaccept telecommunicationsrelay servicecalls
Payment summary
Balance summary
Year-to-date summary
Principal
$9778
Unpaid principalbalance
$48,822.68
Total recetved*
$2,187 24
Interest
$27192
Escrow balance
$-280 43
Principal
$375 00
Escrow
$224 49
(Contact Customer Scruie for your payoffbalance)
Interest**
$1,103 80
Current payment 07/01/17
$594.19
Inlerest rate
6 750%
Fserow
$708 44
Overdue payment 02/01/17-06/01/17
$2,970 95
Maturity date
1/37
Taxes disbursed
$218 38
Unpatd late charge(s)
$553 52
Insurance disbursed
$1,026.30
Olher charge(s)
$3000
e
total mg) ascludethe Unappled fonds balance from the
lence sumamian, section
"Tlus wformation should not beused fartax purpasat, TESou
Ihavetax related questions, please consultyour lax advisor
Total payment due 07/01/17
$4,148.66
Activity since your last statement
Date
Description
Tot:
06/13 Fee Watyed
06/13 Mtgmspayment
06/09 Payment reversal
96/08
Funds Received
05/30 Paymentreversal
Principal
Interest
Escrow
‘Other
-
_ Return fee$89 00
$32.95
‘TRIAD GUARANTY INS CORP
Unapplied $537 25
_Unapphed $537 25
Unapplied -8537 25
-— $537 25.
Important messages
ATTENTION
The foreclosure process may havestarted on your
nly Ifyou wantlo retain your home,please paythefull reinstatement amountowed immediately
Contactus right awayto discuss the statusof your moflgage For helpful mformation onalternative repaymentoptions, go to
wellsfargo.com/homeassist El proceso de ejecucion potecarta puede haber comenzadoen su propiedad,favor de Namarnosal inmediatamente
Avord anyone whoasks for a fee for
sgunselingor a loan modification, or asks you to signoverthe deedto your home, or to make your mortgage
payments to anyone ather than Wells
Mggo Home Mortgage
Please detach and return wath vour naument
200 LOO NN NNN NNNNNNNNNi 666270 AWLOStISOG
NNINKENNINNNA,
| 20cbSpoe
§=BEBSEO
Loan Number:
P,
Kb){6)
Part 3
Escrow account projections
Escrow account projections from August, 2017 to July, 2018
What we
Payments to
expect to
Projected escrow
Balance reqmred
Date
escrow
pay out
Desenption
balance
inthe account
Jul2017
Starting balance
$1,029 46
$788 65
Avg 2017
$194.78.
$37 05
PMIInsurance
$1,187.19
$946 38
Sep 2017
$194.78
$97.05
PMIInsurance
$1,344 92
$1,104.11
Oct 2017
$194 78
$3705
PMIInsurance
$1,502 65,
$1,261 84
Oct 2017
$0.00
$218 38
CASS COUNTY (4)(A)
$1,284 27
$1,043 46
Nov 2017
$194.78
$3705
PMI Insurance
$1,442 00
$1,201.19
Dee 2017
$194 78
$97.05
PMI Insurance
$1,599 73
$1,358.92
Jan 2018
$194 78
$37.05
PMI Insurance
$1,757 46
$1,516 65
Feb 2018
$194.78
$3705
PM{ Insurance
$1915 19
$1,674 38
‘Mar 2018
$194.78
$37.05
PMT insurance
$2,072 92
$1,832 1
Mar 2018
$0.00
§1,45600
INFARM BUREAU INS
$616 92
$376.11
Apr 2018
$194.78
$37.05
PMY Insurance
$774 65
$533 84
Apr 2018
$0 00
S218 38
CASS COUNTY (4)(A)
ord
Bia
May 2018
$194 78
$3705
PMT Insurance
$714 00
$473.19
Jun 2018
$194.78
$3705
PMI Insurance
$871 73
$630 92
Jul2018
$394.28,
$3705
PMI Insurance
=
$1029 46
-
$788 6,
Totals
$2,387 36
$2,337 36
Mme me UONOL ACCROLISOUM
OTTOMs
Escrow accountactivity from February, 2017to July, 2017
Depostts to escrow
Paymentsfrom escrow
Escrow balance
Date
Actual
Projected
Difference
Actual
Projected
Difference
Deseription
Actual
Projected
Difference
Feb 2017
Starting Balance
$441.06
$1,525.06
$1,084 00
Feb 2017
$373 34
$196.38
$176 96
$0.00
$37 05,
~$37-05
PMIInsurance
$814.40
$1,68439
-$869 99
Feb 2017
$000
$0.00
$0.00
$37 05
$000
33705 PMY Insurance
$77735
$1,684.39
-$907 04
Feb 2017
$000
$000
$000
$1,026 30
$000
$1,026.30 INFARMBUREAUINS
—-$248.95
$1,684.39
$1993 94
Mar 2017
8167 55
$196 38
-$28.83
$0.00
$37.05,
-$37.05
PMLInsurance
“$8140
$1,843.72
-$4,98542—~ —-
Mar 2017
$000
$000
$0.00
$o.00
$1,456 80
-$1,456 80
IN FARM BUREAU INS
-$81 40
$38692
$468 32
Mar 2017
$0.00
$0.00
$0.00
$37.05,
$0.00
$3705
PMI insurance
$118.45,
$386.92
$505.37
Apr 2017
$167.55
$196 38
~$28 83
$0.00,
$3705
~$37.05
PMI Insurance
$49.10
$546.25
$497.15
Apr 2017
$000
$o00
$0 00
$218 38
$227 59
~$9.21
CASS COUNTY{4)(A)
-$169.28
$318.66
~$487 94,
Apr 2017
$0.00
$0.00
$0.00
$3705
$0.00
$3705 PMI Insurance
-$206 33,
$318.66
-$524.99
May 2017
$000
$196 38
$196.38
$000
$3705,
~$37.05
PMIInsurance
-$206.33
$47799
~$684 32
May 2017
$0.00
$0.00
$0 00
$37.05
$000
$3705
PMLInsurance
-$243 38
$4799
~$72137
Jun 2017
$1,122.45
$196 38
$926 07
$37.05
$37.08
$0.00 PMI Insurance
$842 02
3637.92
$204.70
{eshmate)
Jul 2017
$224 49
$196 38
$28.11
$3705
$37 05
$000 PMI Insurance
st029 46
3796.65
$232.81
(estimate)
°.
nen
ee
-
ee
Totals
$2,055.38
$1,178 28
$87710
$1,466.98
$1,906 69
$439.71
1647 9.00 0008929 OnN2 NOTIATA
(co) preemuns tor any and all mourance required by Lender under Section 5
and (d) Mortgage Insurance
premuums,
if any,
or any sums payable by Borrower
to Lender in heu of the payment of Mortgage
Insurance premiums i accordance with the provisions of Section 10
These items are called "Escrow
Trems “ At origination or at any time durmg the term of the Loan, Lender may require that Commumty
Association Dues, Fees, and Assessments,
if any, be escrowed by Borrower, and such dues,
fees and
assessments shal] be an Escrow Item
Borrowershall promptly furmsh to Lender all notices of amounts to
be paid under this Section
Borrowershall pay Lender the Funds for Escrow Items unless Lender waives
Borrower’s obligation to pay the Funds tor any or all Escrow Items. Lender may waive Borrower's
obligation tpay_to Lender Punds for any or all Escrow Hemsat any ume” Any sult waiver inay onlybe
inwolag
“In
the event of Sictr waiver,
Borrower
shall
pay
directly,
when arid whet
payable, the amounts
due tor any Escrow Items tor which payment of Funds has been watved by Lender and, it Lender requires,
shail furmsh tv Lender receipts evidencing such payment within such time period as Lender may require
Bonower's obligation to make such payments and tc provide receipts shall tor ail purposes be deemed to
be « covenant and agreement contamed in this Security Instrument, 4s the phrase "covenant and agreement”
ss used in Section 9
If Borrower 1s obligaizd to pay Escrow Items directly, pursuant (0 a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrowershall then he obligated under Section 9 to repay to Lender any such
amount
Lender may revoke the waiver as to any
orall Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and m
such amounts, that are then required under this Section 3
Lender may, at any ume, collect and hold Funds m an amount(a) sufftcient to permut Lenderto apply
the Funds"ath® time specitied unde RESPA Sand (b) not to exceed the maximum amounta lendet can
ma.
require under RESPATLender shall
estimate the amount of Funds due on the basis of current data and
‘Teasonable estimates of &xpenditures of
Riture Escrow Items or otherwise im accordance with Applicable
Law
.
Soa
The
Funds
shall
be
held
in an
institution
whose
deposits
are
insured by
a
federal
agency,
instrumentality, or entity Gncluding Lender, tf Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank Lender shall apply the Fundsto pay the Escrow ltemsno later than the ume
specified under RESPA Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or veritying the Escrow Items, unless Lender pays Borrower mterest onthe
Funds and Applicable Law permits Lender to make such 4 chitge™Unless atAgreementig madein writing
or Apphcable Law requires interesttobe paid ‘éntheFunds, LenderBEpay Borrower
anyinterest earningson te’Funds”
BorrowéTandLender canagree in writing, however, that snterest
shall be paid on the Funds
Lendershall give to Borrower, without charge, an annual accounnng of the
Funds as requyed by RESPA
ee
“IPthefeis a“Surplus of Funds held m escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA
If there 1s a shortage of Funds held in escrow,
as detmed under RESPA, Lender shall notify Borrower as required by RESPA, and Borrowershall pay to
Lender the amount necessary to make up the shortage maccordance with RESPA, but m no morethan 12
monthly payments
If there 1s a deficiency ot Funds held mescrow, as defined under RESPA, Lendershall
notity Borrower as required by RESPA, and Borrowershall pay to Lender the amount necessaryta make
up the deficiency in accordance with RESPA,but inno more than 12 monthly payments.
Uponpayment in full of all sums secured by this Security Instrument, Lender shail promptly refund
to Borrower any Funds held by Lender
4,
Charges;
Liens.
Borrower
shall pay
all
taxes,
assessments,
charges,
fines,
and imposttions
attributable to the Property which canattain priority over this Security Instrument, leasehold payments or
inva
BD stn) 2808
Page 5 of 15
Form 3015
1101
Heratha Of ataen &
PU Bo
14415
Deg Moms (A L006 Mit
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Balance summery
re
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$7769
Unpaid nrine.. zl balance
$9192042
Total recered”
35377!
-
Unapphed funds balarce
$40/42
Puccipal
788
Interest
$292 ol
$2286
interest
$292 &
Escrow
$239.79
(Contact Cmtorme Seimiee ovo pe ot valence)
Escrow
5167 5
uu.ent monthly
payment
02/01/14
$09 49
Interest
S4oR eee a
Curent monthly payment 02/01/1
$608 &
Tntereatsate
oe
1 etoral ay megetUssopled runds balance rotn he
~
~
7
~
7
re
-
.
“ee
bala, ec semenary secler
Overdue pay inent(s) O1/01/14
$537 25
Othe: charges
$30 00
Total payment cve 02/01/14
$1,176 74
After 02/16/14 ¢ late charge may apply
$18 49
Acuvity since yourlast statement
Deport
at
rs
¢
@
Dare
Description
*Ratal
Puneipal
Interest
Escrow
Other
Ifye h equ
tsor:
ade
cooat
Lio
682
$29286
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1 SOK
OVERVIEW: Mr.
It
has manygrievances with Wells Fargo high interest rates, mysteriouslate fees,
refusing to set up a face-to-face meeting to discusshis foreclosure, paymentsize, etc I'm not an
accountant, but when| look at the details of Mr.
[
paymentsit does not seem like any of what
Wells Fargo is doing 1s anything outside the bounds of a normallender-borrowerrelationship Mr.|
wants usto call RESPAto talk about manyofthese issues, but RESPA isn’t an agency,it’s a law that sets
out guidelines for real estate lenders.| feel bad for Mr.
but
| don’t think there’s anything we can
do to help prevent a potential foreclosure Wecould try to explain the details of his loan better to him,
but
| don’t see how wecould do anything to change those details in Mr.
{
SUMMARYOF MR.[®X©)
ISSUES:
Letter 1: Wells Fargo refuses to accept a “partial payment” even though Mr. iL] claims that they have
doneso since 2007. He is unable to pay for the new balance of $594.19. As a result, he is now behind on
his payments.
is also receiving late fees, but he claims that he sends in his payments on time. He
says Wells Fargo has no proofthatheis late on his payments.
Next, Mr.
[¢
takesissue with theinterest rate he 1s being charged. He saysthatit is “above
the going rate today” and that he does not understand how the interest rate leads to a monthly interest
charge of $271.92.(I’m no accountant,but given a 6.75% interest rate and the principal he has, $270
makes several commentsthat suggest Wells
Fargo wantsto raise his rate, butit’s unclear if they’ve actually said that orif he just thinks the rate is
too high to begin with.
seemsvery close to an appropriate number). Mr.
has $48822.68 ofprincipal left to pay, and his house is appraised at $80,000 or so. He
claims that Wells Fargo is “after blood” and wantsto take possessionof his house.
does not know how his monthly payment was configured.
Finally, Mr.
says that he sent Wells Fargo a $74 check for mortgageinsurancefor June and
July. He believes that if that checkis not accepted,it will show Wells Fargois acting in bad faith.
Letter 2: Wells Fargo told Mr. [©] thattheir figures are determined by RESPA. Unfortunately, Mr.
seemsto have mistaken RESPA to be a federal agency when itis in fact legislation that provides
the frameworkforreal estate settlements.
admits he does not know how the bankfigures his monthly paymentandinterest
rate, only that they appear to be “quite high.”
He asksusto call RESPA and askfor a “step by step” explanation of how banks “do their
figuring.” Once again, he is confused on the nature of RESPA.
Healso asks us to ask RESPA whatis the best courseof actionif the bank “figures the interest
rate too high” and the customer cannot pay
Letter 3: This letter is about Mr.
concernsabouthis foreclosure and the motives of Wells Fargo.
He complains that Wells Fargo refuses to meet him in personto discuss the foreclosure, and claims that
their intentionis to take over his house andsellit. He also seemsto imply that his house has been
undervalued by appraisal.
Finally, Mr.
foreclosure process, and this is evidence that Wells Fargo has ulterior motives.
claims that mortgage insurance should have beenusedinsteadof the
TEXT OF LETTERS (underlined words in bold, content inside of brackets added by me):
Letter 1 (7/4/2017)
To Whom It May Concern:
Myson Craig Lynn
[¢
and [b6)
D. [ET has[have] had a homeloan with Wells Fargo
Bank, N.A. or Wells Fargo Home Mortgage since 2007.
Then in 2017 Wells Fargo Home Mortgage started sending my mortgage paymentsback to me
stating they didn’t accept partial payments. Thisis the first time they have performed such action.I’ve
mailed to Wells Fargo $537.25 manytimessince 2007 and they accepted my payments: Relating to
statementdate 6-16 -17 they want meto pay $594.19. Because of otherobligations I cannot pay the
amount $594.19.
So now they’re saying 'm behind on my mortgage paymentsplus I’m behind in paying late
fees.
| sent my mortgage paymentsin at a proper time period. As you know,the postalservice isn’t
the best anymore. You never know whenyour letteris going to reach the destination. Wells Fargo has
no concrete proof that I waslate sending in my mortgage payments.
As you can see on statement date 6-16-17,I’ve paid Wells Fargo a lot of interest.
Myinterestrate Is 6.75%.
| believe this [is] above the going rate today. Butstill Wells Fargo is
unhappywith [the rate]. The 6.75% interestis a fixed rate. Knowing Wells Fargo they probably think
they can charge me 10% interest. The 6.75% interest is a yearly rate charged against the unpaidprincipal
balance. How they got the monthly charge of $271.92 | don’t know.
My unpaid principal balance1s $48,822.68. The appraisal on the house is $80,000+.| truly
believe Wells Fargo Bank, N.A. or Wells Fargo Home Mortgageis not interested in changingthings or
helping my son and
| out They’re after blood, stealing my house.
| don’t know how Wells Fargo figured my current payment of $594,19,
Recently,
| sent Wells Fargo Home Mortgage $74 00, by check to pay for mortgage insurance for
the monthsof june and July. If my check is not cashed or sent backI’tl know precisely Wells Fargo is up
to no good.
Letter 2 (7/15/17):
Wells Fargo Banktells me they relate all their figures, escrow accounts, monthly mortgage
payments,interest charged etc. to a federal governmentagencycalled (RESPA) Real Estate Settlement
ProceduresAct.
I don’t know how Wells Fargo Bankfigures my mortgage payments (monthly) or the interest
charged (monthly).| look at the interest charged and it appearsto be quite high.
Request you contact the Federal government agency and ask them what regulations are placed
on banks giving out residential loans. Again the agencyis called (RESPA). Ask the agency step by step
how a bankis to do theirfiguring.
Ask the agency (RESPA)if the bank figures the monthly mortgage paymenttoohigh or more
than the customer can handle because of other obligations what does the agency recommend. How
criticalis it to obey the bank’s wishes.
Letter 3 (undated):
[Headerof letter]: Personal opinion[:]
| have a strong belief Wells Fargo bank Is trying to force meto file
bankruptcy — gamesare played —
#1. 'm a veteran with a honorable discharge from the Navy. August 7" 2017I'll be 75 years old. A sad
note a bankis foreclosing on my house after making mortgage payments going on ten years.
#2 — Request you ask Wells Fargo bank the reason for not having a meeting in person to try to resolve
the monetary problemsoutprior or before the foreclosure procedure. It appears their major goalis to
take possession of the house, put the housein a sheriff's sale, and [then] they've made money.| have
equity in my house. The house wasappraised for $80,000 The average houseis $100,000 today My
unpaid principal balance 1s $48,822.68. What a steal — somethingis not right here.
#3 If Wells Fargo Bank ts so worried about money whydidn’t they use mortgage insurance rather than
foreclosure procedure. The mortgage insurance is paid by escrow account. Somethingis not right here.
Other documents:
There is a copy of his statement from mid-June
It shows that his payment wasnot accepted and also
that his loan “has beenreferred to foreclosure.”
There is a copyof his escrow balance.
There is a printed out page from the Wells Fargo website about RESPA.
2
L.S. DEPARTMENT OF HOLSING 4ND URBAN DEVELOPMENT
iz
WASHINGTON BE 20440 1979
OFFICE OF CONGRFSSION A \ND
INILRGON FRNMENTAL REL 4 FIONS
The Honorable Todd Rokita
Member. UnitedStates
House of Representatives
355 South Washington Street
Danville. IN 46122-1779
Dear Representative Rokita:
Thank youfor your letter on behalfof your constituent,
about mortgage
issues relative to his homelocated at 1278 North County Road, 900 West, Logansport, Indiana. The
tollowing information 1s from the Department of Housing and Urban Development's (HUD)Office
ot Housing.
While HUDis sympatheticto the difficulties thar Mr.
is experiencing, a search of
HUDrecords revealed that he does not have a mortgage unsured by the Federal Housing
Administration (FHA), whichare the only mortgages over which HUD hasdirect jurisdiction
Therefoie. the Department cannot inter ene directly with the mortgage company onhis behalf.
Because your constituent is apparently having difficulties paying his mortgage on time, his
lender(also referred to as a mortgage servicer) should be his first call for assistance
~The telephone
number and mailing address of the mortgage lender should be listed on hus monthly statement To
understand the options available for getting help with his mortgageit is important to know who
ownshis loan. Using a secure look-up tool, he can quicklyfind out 1f Fannie Mae or Freddie Mac,
for example, is the ownerofhis foan.
has access to a computer. he may check to see if Fanme Mae ownshis loanat
the following link:
fitps-/Avn nw Anowyouroptions com/oanlookup# To chech for Freddie Mac
ownership, Mr
[&
‘ant access this link: Aitps:/Avn3 freddiemac.comfoantookup/. Mr.
maybe eligible for programs designed to make his mortgage moreaffordable or for other programs
available exclusively to Fannie Maeor Freddie Mac bonowers.
Mr
may also contact a HUD-approved counseling agency. These agencies
usually provide services to homeownersatlittle or no cost. and maybe ableto assist the
homeownerby contacting the parties involved in the fimancial transaction, A counselor may also
be able to tecommend other organizations that can be of assistance. This option may be pursued
online at: hitp:/Avin hud.gov/officesMisg/th/he chhecprofl4 cfm. or bytelephone at
1-800-569-4287 (weekdays from 9:00 a.m. to 5:00 p.m.).
www hod.gor
espanol.hud.gos
Thope this information 1s helpful in responding to your constituent.
If I can be offurther
assistance, please fet me know.
Sincerely.
Seth D Appleton
-
Acting Assistant Secretary for Congressional
and Intergovernmental Relations
WV
e
¢
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TODD ROKITA
4TH DISTRICT, INDIANA
236 CANNON HOB
WASHINGTON,DC 20515
(202) 225-8037
1202) 226-0544 (FAX}
sora
surese
Cungress of the United States
PLAINFIELD,IN 46168
(217) 838-0408
House of Representatives
(317) 838-8984 {FAX}
Washington, DG 20515
VIA FACSIMILE TRANSMITTAL
(202) 768-1350
March 29, 2011
Mr. Bernard Fulton
Deputy Assistant Secretary for Congressional Relations
U.S. Department of Housing and Urban Development
451 Seventh Street, SW, Room 10148
Washington, DC 20410-1000
RE: Constituent, Joe Clausman,Jr.
Dear Mr,Fulton:
oo2
COMMITTEE ON THE BUDGET
COMMITTEE ON HOUSE
ADMINISTRATION
COMMLTTEE ON EDUCATION
AND THE WORKFORCE
www toddrakita housa gav
Our canstituent, Jae Clausman,Jr. has asked for aur assistance. The following narrativewill give you the
relevant information with regard to his pressing and personal matter
BACKGROUND:
Constituent, Joe Clausman, Jr. owas and operates nursing hamesin the State of Indiana and has done
so for the past thirty-five (35) years.
™ee
a
am
"
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In duly, 2000 Martin County Healthcare & Rehabilitation Center (MCHC), located in Loogootee, Indiana
wasfinanced with a thirty (30) year HUD loan withan interest rate of 7.85%, which was an excellent rate
at that time.
~
In September, 2010, Mr. Clausman decided to apply for a HUD rate adjustment underthe Lien Section
232 Program,since there would be no pre-paymentpenalty related to theinitial HUD financing. He was
in contact with Bob Smaliwood, CPA VP-originations, Love Funding, tnc., who stated that the impact of
obtaining a tesserinterest rate would make the Loogooteefacilities morefinancially viable as well as
beneficial to HUD.
However, in March, 2010, upon the recommendation of ISDH, MCHC was designated as a Special Focus
Facility (SFF) due to surveys over the prior three (3) years that cited deficiencies within the scope
identified as a G tag which constituted a substandard level of care. MCHC had beenrated an excellent
facility the past ten (10) years under Mr. Clausman’s managementandas recently as September 20,
2007 MCHCreceiveda deficiency free survey.
Subsequently Mr. Clausman has been communicating with SFF administrator, Regina Casabal, wha
Operates autof the Detraitoffice.
ISSUES/COMPLAINTS:
1.
Mr, Clausman states that Ms. Casabal made the comment“The Facility is a not-for- profit
facility isn’t it?” She made this statementafter receipt of monthly compiled financial
Statements dating back to March, 2010, whichincluded the standard GAAPopinion for
proprietary entities. Ms. Casabal also scheduled a conference call for December2, 2010 of
which she was a no show. Mr. Clausmanfeels that Ms. Casabal lacks knowledgeof his
industry and knows very little about MCHC, even after being provided with volumes of
documentation and information.
He also believes that Ms. Casabal is using him to educate
her, not only about MCHC,but the industry in general;
2.
The most concerning issue that Mr. Clausmanhas deals with a conference cail with Ms.
Casabal that took place on December9, 2010. Ms. Casabal inquired about therapy provided
to Medicare patients and askedif in-house therapy was provided to the residents daily.
Mr.
Clausman responded that all residents are assessed and therapyis provided according to
each individual!’s needs. Ms. Casabal then advised Mr. Clausmanthatif he provided
additional minutes of therapy it would increase the amount of payment received from
Medicare and that she cauld put Mr. Clausmanin contact with a companythat could assist
MCHCin doing that andall the company would charge would be a percentage of the
increase in payments MCHCreceived from Medicare. Mr. Clausman was astoundedto say
the least by Ms. Casabal’s comments because the actions she suggested constitued
Medicare fraud and Mr. Clausman wantednopart of it. Mr. Clausman contacted Mr.
Smallwood and Love Funding, Inc., the underwriters, and made them aware of Ms. Casabal’s
comments during the December 9, 2010 conference call. Subsequently Love Funding,Inc.
disengaged from both of Mr. Clausman’s nursing homeprojects in Loogootee, Indiana. Mr.
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Smatlwoodstated that the underwriters did not wish to proceed with the projects because
Ms. Casabalindicated to them that she would not allow eitherfacility to obtain HUD
approval; and,
3.
Ms. Casabal continues to deny MCHCrequests for reimbursement of escrow funds related
to replacementreserves. Notonlyis this action arbitrary and capricious, it has placed undue
financial hardship on Mr, Clausman and hinders MCHC from making further expenditures
necessary to advance the quality of care.
CONSEQUENCES OF MS. CASABAL’S ACTIONS/INACTIONS:
In the twelve (12} months that Ms. Casabal! has been assigned to thefacility, she has made only one
recommendation, which in Mr. Clausman’s opinionconstitutes fraud.
Ms. Casabalcontinues to cause Mr. Clausmantime and moneyrelated to information requests. Her
most recent request is to be provided monthlyfinancial statements by the 10"of the following month
which is unreasonable and contrary to prior e-mails from her asking that the monthly financial
statements be provided by the 25"of the following month.
Mr, Clausmanstatesthat it only makes sensethat thefacility proceed through the Lien 232 process and
obtain favorable financing in order to provide additional available funds of approximately $5,000.00 per
monthbackinto the facility and, in turn, enhance the viability of the existing HUD project.
The delay in Ms. Casabal’sactions are costing Mr. Clausman about $10,000.00 per month, and may we
addthat since Mr. Clausman’soriginal request the rate has risen 1%.
Weaskfor yourhelp in bringing about a satisfactory resolution to Mr. Clausman’s situation as soon as
possible.
Please see attached relevant correspondence,e-mails, end rating charts having to do with
MCHC.
Sincerely, Lucite
Constituent Case Managerfor
US Congressman Todd Rokita (IN-04)
2680 E. Main St, Sulte 332
Plainflold, In 461.68
{317} 838-0404 - phone
(317) 838-8964 fax
[email protected]
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Congressman Todd Rokita
U.S. House of Representatives
Representing Indiana’s Fourth Congressional District
}cordance with the 1974 Privacy Act
(b)(6)
NAME:_|
DATE OFBIRTH __|
(b)(6)
ADDRESS;
Ne
To,
a
crry:
FabsehAfoesS
_ STATE: IN ziP:_ YC %/0
EMAIL ADDRESS:
ER EMAIL COMMUNICATIONS? Yes No
Gi)
Oo)
DAYTIME PHONE: 944-3340
EVENING PHON!
SOCIAL SECURITY NUMBER:
CLAIM ORSERIAL NUMBER:
PLEASE BRIEFLY DESCRIBE THE EXACT NATURE OF YOUR PROBLEM, AND WHAT YOU WANT
CONGRESSMAN ROKITA TO DO TO HELP YOU. {PLEASE SEND COPIES OF ANY RELEVANT
INFORMATION — DO NOT SEND ORIGINALS (Please use back of form orattach additfonal pagesIf more space needed]
__Séé Arracit.n
KE Hobuas vet Hap
Are you represented by an Attorney: YES
if yes, please jist your attorney’s name and address:
‘THE PRIVACY ACT OF 1974 PROHIBITS THE GOVERNMENT FROM REVEALING ANY INFORMATION FROM PERSONAL FILES OF INDIVIDUALS
WITHOUT THE EXPRESS PERNUSSION OF THE PERSON INVOLVED. DISCLOSURE OF PERSONAL RECORDS TO A MEMBER OF CONGRESS WHO IS
ACTING ON BEHALF OF THE CONSTITUENT IS PROHIBITED, UNLESS THE INDIVIDUAL TO WHOM THERECORD PERTAINS HAS CONSENTED.
I, THE UNDERSIGNED, HEREDYAAUTHORIZE THE OFFICE OF US REPRESENTATIVETODD ROKITA TO RECEIVE INFORMATION IN MYFILE
PERTINENT TO
Date;, 3 2
PLEASE RETURN TO THE PLAINFIELD DISTRICTT OFFICE
2680 E. Main St. Suite 332
Plainfield, in 46163
(317) 238-0404
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[
Wa
CLAUSNSTEHT
March 15, 2011
CorsifiedPrat, Aecavnnets
& Coneutcats
Certified Mail 7009 2250 0001 5790 9413
Mr. Joseph Tuczak
US Department ofHousing and Urban Development
Office ofHealthcare Programs
77 W. Jackson Blvd.
Chicago, IL 60604
RE:
Martin County Realty, LLC
Loan
.
Borrower Name: Hoosier Realty, I, LLC
Dear Mr. Tuczak:
Tam writing to inform youof issues surrounding a HUD financed skilled nursing facility of
which I am the sole member ofthe LLC referred to above. I also have a CPA firm, Clausman &
Associates CPA's and Consultants. Clausman & Associates clients are 95% healthcare.
Martin County Healthcare & Rehabilitation Center (MCHC)wasfinanced with a HUD
Joan on July 21, 2000 with terms of30 years and an interest rate of7.85%, That was a good rate
at that time, In September, 2010, I decided to apply for a HUD rate adjustment (Lien Section
232 Program), since there would be no prepayment penalty related to the initial HUD financing
effective September 1, 2010.
Tn March of2010 I wasinformed that Martin County Healthcare & Rehabilitation Center
was designated by CMS upon the recommendation ofthe Indiana State Department ofHealth
GSDB) as a Special Focus Facility (SFF). A facility is designated as such due to surveys over the
previousthree years that cited deficiencies with scope and severity that were identified as a G tag
which constitutes a substandard level ofcare.
From my involvement with healthcare facilities through consulting and managing facilities
in Indiana the past 35 years, I understand that facilities often times receive State surveys better
than the facilities deserve and other times worse than they deserve.
History shows that MCHC has been an excellent facility the past ten years under the
current ownership and management. In the early years under my management, MCHChadthe
best CMS report card among al! skilled nursing facilities in the State ofIndiana. As recent as
September 20, 2007 MCHCreceived @ deficiencyfree survey.
180 Easy 1th Street
Siu B08
Carmel, NAGI
BET#RAd+3110
Faxee ad aad
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Mr. Joseph Tuczak
.
March 15, 2011
Page Two
In conversations prior to committing to moving forward with obtaining refinancing / HUD
Tate adjustment through the Lien 232 Program, I asked Bob Smallwood, CPA VP-Originations,
Love Funding,Inc. if the fact MCHC currently had been designated an SFF would create a
problem asfar as obtaining HUD approval. Mr. Smallwood after discussions with his
underwriters assured me that it would not be a problem for MCHCortheir sister facility,
rents Norsing Center, providing the facilities met the debt service coveragerequirements.
Vf
ould mak:
fia
Seay
abla
be
hereto
tip
eaalt Tntura, we decided to proceed and wrate
checks to Love Funding, Inc, in the amounts of$10,370 forMCHC and $10,350 forLoogootee
Nursing Centerfor the cost ofthe PCNA, legat fees and casts plus a processing fee on August 13,
2010, After numerous hours ofwork and various correspondence with representatives ofLove
Funding, Inc. and attomeys and engaging Meridian Title Corporation onNovember 18, 2010 ta
perform a Title search at the request ofLove Funding, Inc., during the Lien 232 process,
representatives ofLove Funding, Inc. engaged in correspondence and conversations with Regina
Casabal, Financial Analyst, US Department ofHousing and Urban Development. Ms. Casabal
‘was assigned to MCHCsince the facility was designated an SFF. On December 9, 2010 Mr.
Smaltwood, Love Funding, Inc. arranged 2 conference call with Ms. Casahal and meat 3:45 pm.
that day. Thad previously provided a voluminous amount ofcorrespondence to Ms. Casaba! and
participated in conference calls with her and found her to be most abrasive and she talked down to
me and the Facility, ofwhich I take offense. I felt tike she very much lacked knowledge ofour
industry and knew very little about MCHC after I had provided her with volumes ofinfommation.
Mr, Smallwood, Love Funding, Inc.indicated that he also felt like she was not prepared when he
had scheduled calls with her. She also scheduled a conference call on December 2, 2010 ofwhich
she was a no show. felt like she was using me to educate her not about MCHCbut the industry
in general. During the conference call I farther educated Ms. Casabal about the industry and
MCHCin particular and addressed any concerns she brought up. But during the call she made
two comments which were very disturbing and further demonstrates ber lack of knowledge about
MCHCafter being assigned the MCHCcase. They are as follows:
First Issue #1, Ms. Casabal made the commentthat "The Facility is a not for profit facility
isn't it?" This comment comes after receiving monthly compiled financial statements dating back
to March, 2010 that included the standard GAAP opinionfor proprietary entities.
Scopady
Janne#2, and most concerning
sheinquired about therapy. providedto Medicare
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Mr. Joseph Tuezak
March 15, 2011
Page Three
Twas astounded by her coments and contacted Mr. Smallwood Soewng «our conference
On the morning ofDecember 15, 2010 I had a conference cail with Mr. Smallwood and
Love Funding, Inc. underwriters and made the underwriters aware ofMs. Casabel's comments
madein the conference calf held December 9, 2010.
Subsequently, Love Funding disengaged from both facilities projects and sent us a check
made out to each facility in an amount sent to them to start the projects less the cost ofthe
PCNA. Mr. Smallwood, Love Funding, Inc. stated that the underwriters did not want to proceed.
with the project because Ms, Casabal indicated that she would notallow either facility to obtain
HUD approvat.
I purchased my first skilled nursing facility in 1984 in Michigan City, Indiana and took
overa facility that had a probationary license and turned it around almost immediately. Since then
Ihave owned and operated several facilities in the State ofIndiana and consulted with in excess of
100 healthcare facilities i n the state.
J take pride inwhat these facilities|have accomplished. L
constitute and I willnenever
er succumb to take such measures. Iam appalled by her
comments.
On February 15, 2011, I along with the MCHCfacility administrator and director of
nursing met with Ms. Kimberly Rhoades, Director ofthe Long Term Care Program, Indiana
Department ofHealth and other upper management representatives within her department. At
that meeting Ms. Rhoades informed us that the SFF designation is a new program with HUD.
She further stated that she was required at the time to designate three sidiled nursing facilities in
the State as SFF's and that as ofFebruary 15 she has been instructed by HUD ta expand that
mumber to four facilities. She recognizes that MCHC is a good facility and that she hadjust five
skilled nursing facilities in the MCHCarea to choose from. She said "There were several skilled
nursing facilities ia Lake County, Indiana she could have chosen, but that would have put an
excessive workload on the ISDE. survey team in that area. Intum, she choseMCHC in southern
Indiana since that ISDH survey team could manage the additional survey required by being
designated an SFF.
Ms. Rhoades was very understanding and has offered assistance towards advancing
MCHCto an improved status from the SEF designation.
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Mr. Joseph Tuczak
March 15, 2011
Page Four
‘Thisbringsmetoto Issue #3, Mg. Casabal continuesto deny theMCHC requests for
In the almost twelve months that MCHChas been designated as a SEF and Ms. Casabal
has been assigned to the Facility, she has made only one recommendation to the Facility and that
recomendation
in
opinion
constitutes
fraudulent
However, she has and continues to
cause us time and money related to her requests ofinformation that bas not constituted anything
toward the advancement ofservices or care provided at MCHC. Her most recent request is that
‘we provide her monthly financial statements by the 10th ofthe following month which is most
unreasonable and contrary to previous emails from her asking that they are provided by the 25th
ofthe following month. Yau don't need to be a CPA for the past 30 years to realize that
providing fairly stated financial statements within 10 days from the end ofa report period is not
achievable due to the fact it is virtually impossible to obtain an accurate recording ofaccounts
payable on an accrual basis since many ofthe invoices for expenses incurred in the report period
are not available by the 10th ofthe month following the report period.
In closing it only makes since that this facility proceed through the Lien 232 process and
obtain more favorable financing which will provide additional available funds ofapproximately
$5,000 per month to put back into the facility and inturn, enhance the viability ofa HUD project
that already exists.
Thefollowing are details ofthis existing HUD project:
Martin County Realty, LLC
313 Poplar Street
Loogootee, IN 47553
Martin County, Indiana
Loan (YJ
Borrower Name: Hoosier Realty D1, LLC
Original Loan Amt.: $2,371,500
Current Loan Apnt.: $2,059,417
Current Interest Rate: 7.85%
Note: The anticipated Lien 232 Project amortization is 20 to 21 years. Inturn, we are 0
requesting to increase the existing amortization period.
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Mr. Joseph Tuczak
March 15, 2011
Page Five
T have enclosed for your information a copy ofa letter sent to Bill Lammers, Acting
Director ofthe HUD Section 232 Program, ofwhich I have not yet received a response.
Ifyou would like me to provide you ary further information, please contact me. I
anxiously awaittyour response and appreciate any recommendations or guidance you can provide.
Joseph R. Clausman, Jr.
IRC/jka
Enclosure
badlir
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Mois
Martin County Realty, LILC
(d/b/a Martin County Healthcare &
Rehabilitation Center)
1980 E. 116th Street, Suite 105
Carmel, IN 46032
(317) 844-3110, Fax (317) 844-3294
March 10, 2011
Certified Mail 7009 2250 0001 5790 9376
Ms Regina Casabal
Financial Analyst
US Department of Housing and
Urban Development
Office ofInsured Health Care Facilities
477 Michigan Avenue
Detroit, MI. 48226
RE:
Martin County Realty, LLC
Loan Number’)©)
Dear Ms Casabal.
Wehave enclosed the following information per your latest request:
1.
Copyofthe internal financial statements for the one and twelve months ended December
31, 2010.
2.
Copyof the internal financial statements for the month ended January 31, 2011.
3.
Copy ofthe census detail for December 2010
4.
Copyofthe censusdetail for January 2011.
5.
Copy ofthe December 14, 2010 survey and plan of correction.
6
Copy ofthe follow up survey and plan of correction.
7.
Copy ofpaper complianceletter dated February 23, 2011 related to December 14, 2011
survey.
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Ms. Regina Casabal
March 10, 2011
Page Two
TheState received erroneousinformation from the surveyorsrelated to staffing hours
which caused the dropin star rating from 4 stars to 1 star in the area ofstaffing and caused the
drapfrom 2 stars to 1 star overall, accordingly. Actually, our nursing hours workedperpatient
day have increased rather than decreased. We have provided the correct staffing information to
the State directly which should correct the error.
Your continued refusal to process our request for reimbursement of escrow fundsis
putting an undue financial hardship on the Provider. Inturn, please expeditiously process our
previous request.
Sincerely,
Josepi{
R. Clausman, Jr.
IRC/ika
Enclosures
ce: Grover Davis, Esq.
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018
Yanuary 6, 2011
CLASASSOC
CortiftedPubleedevoraanny
e& Cansydenurts,
eftified Mail 7009 2250 0001 $790 9284
Mr. William J. Lammers, CPA, FACHE
Health Systems Advisor/Acting Director Section 232 Program
HUD Office ofInsured Health Care Facilities
45) 7th Street SW, RM 9224
Washington, DC 20410
Dear Bill:
It's been awhile since we met at HFMA in Indiana and since you worked at Crowe Chizek
and later at Sisters of St. Francis in Mishawaka. For that matter is was some time agothat I
worked for Ernst & Emst and Kimmerling Myers & Co. before going out on my own and starting
Clausman & Associates CPA's and Consultants.
As you may or may not be aware Clausman & Associates clientele is 95% healthcare
related and we now spend the majority ofour time managing my investments in the healthcare
field, which brings me to the point ofcontacting you.
Lown twoskilled nursing facilities in Loogootee Indiana that were financed with HUD
Joans on July 21, 2000 with terms of30 years and an interest rate of7.85%. That was a goad
rate at that time, In July 2010after being contacted on numerous occasions by various lenders,
including Love Funding, Inc. in Cleveland, I decided to move forward and obtaim a HUD rate
adjustment (Lien Section 232 Program), since there would be no prepaymentpenalty related to
the initial HUD financing effective September 1, 2010,
©
In March of 2010 1 was informed that one ofthe facilities, Martin County Healthcare &
Rehabilitation Center (MCHC) was designated by CMS uponthe recommendationofthe Indiana
State Department ofHealth (ISDH) as a Special FocusFacility (SFF). A facility is designated as
such due to surveys over the previous three years that cited deficiencies with scope and severity
that were identified as a G tag which constitutes a substandard level ofcare.
As weboth know from ourinvolvement with healthcare facilities through consulting and
managingfacilities in Indiana, thatfacilities often times receive State surveys better than the
facilities deserve and other times worse than they deserve.
History shows that MCHChas been an excellent facility the past ten years under the
current ownership and management. In the early years under my management, MCHC had the
Best CMSreport card amongall skilled nursing facilities in the State ofIndiana, As recent as
September 20, 2007 MCHCreceived a deficiency free survey.
S980 Bont (16th Steect
Sutte 4103)
Carmel, (N 46032
3171644-3110
fnxihaan-32g4g
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Mr. William J. Lammers, CPA, FACHE
January 6, 2011
Page Two
That being said, in March 2008 MCHChada change in Director ofNursing (DON).
MCEChired an individual who was a SOOH surveyorin the area that MCHICis located in
anticipation ofcontiquing to provide the quality ofcare that had been provided for many years
‘with the continued care that residents in the area had learned to expect and desire from MCHC.
Thisindividual, according to her previous peers, whom with she worked for 16 years failed
miserablyifone isjudged based on the subsequent survey. The survey conducted in October
2008 included many cited deficiencies that had to be addressed. Obviously, I expected much
better results. Intum, six monthsafter hiring the DON whopreviously was a SDOHsurveyor,
management made another change in that position andthe cited deficiencies were addressed
through the Facility's plan ofcorrection and corrective actions were taken and the Facility was
placed back into compliance.
In September 2009 MCHChad their annual survey after the Facility reported ta the
SDOH reportable incident, where the pharmacy, which a particular resident chose to fulfill her
pharmacy needs, continued tofill and deliver a prescription (antibiotic) well beyond the ten day
time period prescribed by the resident's physician. This was discovered by the Facility nursing
staffand promptly reported to the SDOH. However, this incident was cited by the SDOH
surveyors during their survey and resulted in a partially extended survey. Although the pharmacy
acknowledged fauit for the incident through their reimbursement ofthe expense ofthe
prescription to MCHC,the Facility has paid many times over for the mistake through civil
money penalty assessed by CMSrelated thereto, decreases in Medicaid rates associated thereto
and the incident's contribution towards placingMCHC in SFF status as a result an undesirable
CMS report card score associated therewith.
Fast forward to April 2010, MCHC hired a new DON and subsequently in June 2010 the
Facility received their next SDOH survey. The Facility was commended by the surveyors
regarding the perceived improvementand cited only two deficiencies. One ofthe deficiencies was
the Facility staffing schedule posted in the facility did not include the Facility name. Obviously
that was quickly remedied at the time the SDOH surveyor brought it to managements attention.
However, the other cited deficiency related to an incident the Facility reported to SDOH in which
a certified nursing assistant (CNA)transferred a resident fram her wheelchair to the chair in her
room withoutthe assistance ofanother CNA or nurse. The CNA admittedly knew the resident
‘was a two person assist resident yet ignored that she required a two person assist in performing
the task and inturn, the resident experienced actual harm and therefore the Facility was cited for
such and received a G tag associated with the cited deficiency. The Facility had provided training
and inservices to the CNA regarding proper protocol and procedures required to transfer the
resident but the CNA knowingly ignored the required procedures and did not comply with such.
The Facility dismissed the CNA from their employment and reported the CNAtothe State
licensing authorities.
‘ye
EES
SS EF2
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Mr. William J. Lammers, CPA, FACHE
Jaruary 6, 2011
Page Three
Now,with the aforementioned being said, MCHChas and continues to makestrides to
improve the Facility's report card score as evidenced by the Facility's improved "Overall" CMS
star rating from 1 to 2 stars and "Nursing HomeStaffing” from 3 to 4 stars while maintaining a 4
out of 5 star rating in the area of "Quality Measures".
In conversationsprior to committing to moving forward with obtaining refinancing /HUD
rate adjustment through the Lien 232 Program, I asked Bob Smallwood, CPA VP-Originations,
Love Funding, Inc. ifthe fact MCHCcurrently had been designated an SFF would create a
problem as far as obtaining HUD approval. Mr. Smallwood after discussions with his
underwriters assured me that it would not be a problem for MCHCortheir sister facility,
Loogootee Nursing Center providing the facilities met the debt service coverage requirements.
He stated that the impact would make the Facility more financially viable and be beneficial to
HUD as well. Inturn, we decided to proceed and wrote a check to Love Funding, Inc. in the
amount of$10,370 forMCNC and $10,350 for Loogootee Nursing Center for the cost ofthe
PCNA, legal fees and costs plus a processing fee on August 13, 2010. After numerous hours of
work and various correspondence with representatives ofLove Funding, Inc. and attorneys and
engaging Meridian Title Corporation on November 18, 2010 to perform Title search at the
request ofLove Funding, Inc., during the Lien 232 process, representatives ofLove Funding, Inc.
engaged in correspondence and conversations with Regina Casabal, Financial Analyst, US
Department ofHousing and Urban Development. Mr. Smalhwood informed me that Ms. Casabal
in private conversations on more than one occasion made comments that she was considering
recommending placing another management agent inMCHC. Obviously I vehemently oppose
that; however she had not made such a comment to me. On December 9, 2010 Bob Smallwood,
Love Funding, Inc. arcanged a conference call with Ms. Casabal and myselfat 3:45 pm. that day.
Thad previously provided a voluminous amountof correspondence to Ms, Casabal and
participated in conference calls with her and found her to be most abrasive and she talked down to
me and the Facility ofwhich I take offense. I felt like she very much lacked knowledge of our
industry and knew very little aboutMCHC after I had provided her with volumes ofinfonnatioa.
Bob Smallwood, Love Funding, Inc. indicated that he also felt like she was not prepared when he
had scheduled calls with her. She also scheduled a conference call on December 2, 2010 ofwhich
she was a no show. felt like she was using meto educate her not about MCHCbut the industry
in general. During the conference call I firther educated Ms. Casabal about the industry and
MCHCin particular and addressed any concerns she brought up. But during the call she made
two comments which were very disturbing and further demonstrates her lack ofknowledge about
MCHCafter being assigned the MCHC case. They are as follows:
First, Ms. Casabal made the commentthat "The Facility is a not for profit facility isn't it?"
This comment comes after receiving monthly compiled financial statements dating back to March
2010 that included the standard GAAP opinion for proprictary entities.
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Mr.William J. Lammers, CPA, FACHE
January 6, 2011
Page Four
Secondly, and most concerning she inquired about therapy pravided to Medicare
Tesidents. She asked ifwe provided therapy in house andifthe residents received therapy
everyday. I indicated that the residents are assessed and based on the assessment, therapyis
provided accordingly, Ms, Casabal then further stated “Ifyou provide more minutes oftherapy it
will increase the amount of payment you would receive from Medicare and that she could put us
in contact with a company that could assist MCHCin doing that andall they would charge is a
percentage ofthe increase in payments MCHC would receive from Medicare."
T was astounded by her comments and contacted Mr. Smaliwoodfollowing our conference
call and stated to him that the actions she recommended constitute Medicare fraud and I nor
MCHC would have any part ofsuch.
Onthe moming ofDecember 15, 2010 I had a conference call with Mr. Smallwood and
Love Funding, Inc, underwriters and made the underwriters aware ofMs. Casabal's comments
made in the conference call held December 9, 2010.
Subsequently, Love Funding disengaged from both facilities projects and sent us a check
made out to each facility in an amount sent to them to start the projects less the cost ofthe
PCNA. Bob Smalhwood, Love Funding, Inc. stated that the underwuiters did not want to proceed
with the project because they didn't believe Ms. Casabal would allow either facility ta obtain HUD
approval because MCHCis designated as SFF and both facilities are under the same management.
Bill, I write to you for your input and suggestions as to where we go from here. I have
spent a significant amount offunds with Love Funding, Inc. and thetitle company plus numerous
hours oftime and other cost to obtain aHUD rate adjustment for these twofacilities.
The followingis a list ofinformation previously provided to Love Funding, Inc. for each
Provider:
1.
Compiled Financial Statements for 2007, 2008, 2009 and January 1, 2010 through
September 30, 2010.
2.
Audited financial statements for the twelve months ended Jume 30, 2008, June 30, 2009
and June 30, 2010.
3.
SDOH Surveys for 2007, 2008 and 2009.
4.
Operating Agreement
5.
Management Agreement
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Mr. William J, Lammers, CPA, FACHE
January 6, 2011
Page Five
6.
Facility License
7.
Original Title policies dated July 21, 2000
8.
Certificate ofsurvey dated July 6, 2000 andrelated copies ofthe ALTA/ACSM Land Title
Survey dated July 6, 2000.
9.
Insurance Policies andsix year Loss History
10.
Original Mortgage Note
11.
Consent ofMemers/Resolution from Martin County Realty, LLC and Loogootee Realty,
LLCto obtain a loan from Love Funding Corporation, the FHA Mortgagee.
12.
Correspondence regardingcritical reapairs, non-critical reparis and owner-elective repairs
as the result ofthe PCNA inspection performed by Steve Kaskey, Dominion Due
Diligiency Group on September 21, 2010,
13.
Verification ofMortgages from Midland Loan Services, Inc.
14.
Copy ofTBO commitmentfor both projects.
15.
Traiting 12 month trial balance ofrevenue and expenses for the period October 1, 2009
through September 30, 2010,
16.
Data Certification with attached census breakdown by month for the years 2007, 2008,
2009 and January 1, 2010 through September 30, 2010.
17.
Certified answers to Section 232/223 Questions with attachments.
18.
Signed Mortgagor Consolidated Certifications.
19.
Signed certifications ofno pending orthreatened claims against the professional liability
insurance.
20.
Various correspondence sent to Regina Casabal, HUD.
I purchased my first skilled nursing facility in 1984 in Michigan City, Indiana and took
over a facility that had a probationary license and tured it around almost immediately. Since then
T have owned and operated several facilities in the State ofIndiana and consulted with in excess of
100 healthcare facilities in the state. I take pride in what these facilities have accomplished, I
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Mr. William J. Lammers, CPA, FACHE
January 6, 2011
Page Six
would have never expected a representative ofHUD to recommendactions that in my opinion
constitute fraud, and J will never succumb to take such measures. I am appalled by her
comments.
In closing it only makes since that these facilities proceed through the Lien 232 process
and obtain more favorable financing which will provide additional available funds of
approximately $5,000 per month to put back into the facilities and inturn, enhance theviability of
a HUD project that already exists.
The followingare details ofthe existing HUD projects:
Loogootee Realty, LLC
Martin County Realty, LLC
12802 EB, US Hwy 50
313 Poplar Street
Laogoatee, IN 47553
Loogootes, IN 47553
Daviess County, Indiana
Martin County, Indiana
KG)
DO.
Loan
Loan 4 e)
BorrowerName: Hoosier Realty 0, LLC
Borrower Name: Hoosier Realty 01, LLC
Original Loan Amt. $2,320,000
Original Loan Amt: $2,371,500
Current Loan Amt.: $2,015,128
Current Loan Amt.: $2,059,417
Current Interest Rate: 7.85%
Current Interest Rate: 7.85%
Note: Theanticipated Lien 232 Project amortization is 20 to 21 years. Inturn, we are not
requesting to increase the existing amortization periad.
Thavealso enclosed copies ofvarious correspondence and documents mentioned herein
for yourreview and convenience.
Bill, ifyou would like me to provide to you any further information referred to herein,
please don't hesitate to ask. I anxiously await your response and appreciate any recommendations
or guidance you can provide.
.
Sincerely,
Joseph R. Clausman, Jr.
TRCijka
Enclosures
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313 POPLAR STREET
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LOOGOOTEE, IN 47553
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