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Taishan drywall distributed by venture supply
Drywall
Drywall
Drywall in a Completed Structure
TAISHAN GYPSUM CO LTD    
Taishan Gypsum
 
 
Residential Concepts - Builder
Unspecified
7/14/2006

"We the People", I am not sure what that means to most Americans, but to me it means; WE, all Americans, standing together in unison to support each other, much like on 9/11.

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

I have toxic Chinese Drywall in my home that has caused health issues for my family and now we are facing foreclosure, credit devastation, certain economic difficulty, lawsuits against us, and what appears to be a long rocky road. While many people show support and empathy, no one seems to know how or be willing to help us and thus we are coming to you.

My name is [REDACTED], I and my wife [REDACTED] have a five year old son ([REDACTED]) and three year old daughter ([REDACTED]). I graduated from Virginia Tech with a degree in Marketing and began working in the wholesale distribution industry. In 2004 was married and [REDACTED] and I bought our first home together in the spring of 2006. We had been a typical American family chasing the American Dream the Constitution afforded us. Our house was a long term investment for us and a home for our family.

I am writing this letter to inform you of my current economic hardship. My home contains toxic Chinese drywall, and remaining in the home puts me and my family’s health, and safety at risk; therefore I moved out in September of 2010. I entered a class action lawsuit in October with the goal of securing the (U.S. District Court of Eastern Louisiana) estimated $200,000 to remediate our home. I contacted my lender and explained my circumstances and they in turn gave me 90 days of not having to worry about paying my mortgage payments, and we made our last payment in October of 2010. Since then things have become very complicated and I believe the Bank is taking advantage of my situation.

While in the house, my son [REDACTED] developed asthma and frequent nose bleeds, from the toxic drywall. His asthma treatment was quite severe and required anywhere from 2-10 breathing treatments per day, a daily prescription for [REDACTED], twice daily [REDACTED] inhaler treatment, Liquid steroids as needed, and trips to the hospital when none of the medicines worked. His heart literally felt like it would beat out of his chest. Since we moved out, he rarely needs anything though his doctor still has him on [REDACTED]. Even now if he visits the house for a short visit it triggers his asthma and he has 3-4 rough days of asthma attacks.

Due to the health risks to my family, the terms of my mortgage loan and the current state of the US housing market, and the toxicity of the Chinese drywall, I found the need to relocate my family temporarily, until federal emergency funding for a repair can be secured, or we win the class action lawsuit as such, I found that I could no longer make the full mortgage payments, refinance, or sell my house. During my 19 plus years with a credit history, I have always maintained a high credit score, never missing payments or defaulting, and as recent as November of 2010, all three credit agencies reported all of my credit accounts were in good standing. If it were not for this toxic drywall I would not be in this position with my life, health, financial security, and credit being destroyed.

I have always been a hard working American trying to live the American Dream and this home was an investment gone south do to greed and the pursuit of corporate profits at any expense. The government has failed to provide proper protection against this Chinese company who shipped toxic drywall that does not meet local building codes (ASTM certifications) and puts U.S. Citizens at risk. Over the last few months, I have come to realize that it is not just foreign companies that seem to bend the rules to profit. My Mortgage lender, U.S. Bank appears to be playing games with me and trying to further put me and my family in a bad position. I asked them in February for more time while I pursued legal action, a request that several U.S. Bank Default Loan Counselors told me was a reasonable request, but it was up to the foreclosure department who has yet to reach out and make any form of contact with me.

Originally, they appeared to be working with me, the default counselors were nice and empathetic, telling me the nasty letters I was getting were standard practice and could not be stopped and I had a 90 day grace period. Once that time was up, I received a call that my house was going into foreclosure the next day and I would now need to deal with the foreclosure department. I was assigned a foreclosure counselor and I tried to reach her on many occasions, sending her faxes, having other U.S. Bank employees e-mail her to no avail. Her voice mail and another colleague of hers were always full. To this date I have never heard from the foreclosure department other than what appear to be form letters never offering me options. Finally, I received two certified letters from their lawyer (the letters were dated two weeks before we received them) notifying me they were hired to initiate foreclosure proceedings and that I was to deal with them from now on. They offered me options and strongly recommended I hire a lawyer, which I did. When my lawyer contacted them, they told my lawyer they were cancelling the foreclosure date of April 12th on my property. I was shocked as I had not received any notice of a foreclosure date; I had only been informed that proceedings would be initiated 30 days from when I received the two letters. Our lawyer asked the bank’s lawyer for a Deed In Lieu of Foreclosure, one of the options the bank’s attorney offered up as a solution. Yet after 10 days of that request, our lawyer had to once again make this request as the loss mitigation department did not have it on record. It’s been a month and we have not heard anything from the bank’s law firm and over three months since the bank has corresponded with me.

Recently, the bank appears to be stepping up their attempts to make the situation worse for me. On April 30th, they had Five Brothers Security; a National Mortgage Property Management company hire someone to break into our home to secure the property. In the process, they elected to not pick the lock, but rather use a crow bar and destroy the door jam. They did put their own lock on that door, but the house was much more secure before they broke in as the door now has quite a bit of play in it and could easily be forced open, even with their lock on it. Most of our stuff was still in the home and was visible to the man that broke in. I notified the police and Five Brothers told the police they were hired to secure the property and prepare it so they could have our stuff removed from the home. Under my loan agreement, it spells out that I the borrower shall maintain the property so that it does not deteriorate or decrease in value; it does not seem right that they can choose to deteriorate and decrease the value of the home, a home which I still own, though I’m in default. Did they even have the right to break in? The property was locked up, my belongings were visible in the home and in my opinion the home was far from looking unsecure or abandoned. I’m now advised that I should hire a third lawyer to investigate a breach of contract on U.S. Bank’s behalf, but I’m not sure a third lawyer will do me any good, I don’t seem to be getting anywhere with the other two I have hired.

My loan agreement also notifies me that it is my responsibility to not permit the presence of any toxic or hazardous substances in the home, which is part of the reason I entered law suits against those responsible for creating what some “think we are looking at the worst case of sick houses in US history." The Center for Disease Control (CDC), the Virginia Department of Health (VDH), the EPA, HUD, and you guys are all investigating the Chinese drywall and I believe all agree the drywall should be removed from the home. I have been attempting to protect both the bank’s and my investment, but seem to be thwarted by the bank because they do not care about me, they have not contacted me nor informed me of what is going on with my loan in 3-4 months, but I know they are actively trying to pressure me. Their law firm with whom I am told to deal with has yet to get any answers from the bank in over three weeks. I have been under the impression that the bank should notify me in writing should they decide to accelerate the breach of contract or send me written foreclosure notice, which they have not done, yet they break into the house and tell the local police they are preparing to have my stuff removed. Three weeks ago I wrote to the CEO, VP of Collections and VP of Consumer Banking begging for some answers, no one from the bank has contacted me. Two weeks ago I filled a complaint with the OCC which I thought was supposed to get back to me in 48 hours; I have yet to hear from them.

I read in yesterday's Virginia Pilot, “lingering Stink” that some elected officials have helped homeowners work with mortgage companies to put off payments, not me though; I have received some empathetic form letters.

I have talked to loan counselors with Making Home Affordable, spoken to my bank, written Congressmen, Senators, the CDC, the CPSC, the VDH, the OCC, the President, hired two lawyers, and spoken to anyone that would listen; and my situation continues to worsen. The bank looks at me as a deadbeat, my credit has tanked, financial repercussions from the bank are mounting, and I will lose my house long before my lawsuits are settled. A recent update from my lawyer, [REDACTED] puts any resolution in the MDL at least two years away. Worse yet, even if we win the lawsuits, we may never get paid to fix the homes because there is no protection for U.S. Citizens wronged by a company overseas and the Federal government is unwilling to help.

I have a Freddie Mac backed loan and it’s my understanding that the Federal Housing Finance Agency has worked with Freddie Mac and Fannie Mae to ask its servicers to reduce or suspend mortgage payments for up to 12 months and minimize the impact on the homeowners credit rating. I was given 90 days verbally on the phone and then told I was going into foreclosure. The Bank foreclosure department ignored me and would not return my requests. The Bank’s law firm processing the foreclosure offered me options, I chose a deed-in-lieu and for 3 months neither the bank nor the law firm will give me any answers, yet I am in active foreclosure.

I am currently being sued by my Homeowners Association (United Property Associates) for not paying my association fees. I left them word in the fall of my current situation and told them I could not bear the additional fees and I have not heard from them for eight months, when I received a court summons. It is my understanding that Virginia Code requires them to notify me by certified or registered mail and give me a hearing, to which they have not. I am currently writing them a letter to see if they will forgive the debt and or listen to me.

There are thousands of homeowners just like me in search of relief, I do not want to lose my home this way and exacerbate the national mortgage crisis further. While many Senators and Congressmen in VA have said they want to help, every time a bill could be introduced, bank and insurance lobbyist seem to kill it before it begins. There are roughly 400 homes in Virginia, somewhere between 8000-10000 Nationwide with Chinese Drywall and “We are not a big enough group to receive disaster relief”. We need help in restoring our credit, dealing with the mortgage companies, and getting justice from this foreign company. We want to move on with our lives and get back to living the American Dream. I’m tired of form letters and no action.

I’m not sure the victims of Chinese drywall are or will get Justice, Have domestic Tranquility, Receive general Welfare, nor secure the Blessings of Liberty for ourselves nor receive Posterity, without your help. We the Victims of Chinese Drywall need your help!!! We are being ignored (have been deemed expendable) by our government. We have lost that most basic feeling of protection.
Thank you very much for your consideration and I deeply appreciate any effort you can make to help our family and other victims. I just want to get this behind me and try to move on with my life but each day brings new road blocks and hurdles.

Sincerely,
[REDACTED]
7/7/2006
Home/Apartment/Condominium 
Incident, No Injury
Self
Male
33 years

Injury→Injury, Emergency Department Treatment Received
My Child
Male
5 years

Incident, No Injury
My Spouse
Female
32 years

Incident, No Injury
My Child
Female
4 years
Yes
Yes
No
No
262 sheets were delivered to our home in February of 2006, the drywall is contaminated and though our law suite the manufacturer has been notified.
Yes
N/A

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