Complaint Review: Vanderbilt Mortgage - Clayton Homes

Do not be frightened or dismayed by the size of Clayton (CMH) or the wealth of Buffett. My wife and I had problems from the very first day we moved into our fully paid for (CASH PURCHASE) Clayton "Dream Home". My wife, thank God, is a receipt, document, call log, mail saving QUEEN! This was very helpful indeed when we sued CMH/Clayton Manufactured Homes.

I can not discuss the particulars of the outcome of our law suit. However; I will and can tell you that we are both smiling and EXTREMELY happy with the outcome! I do not think CMH is as happy as we are!

They will without question try and make you believe that you have no "cause of action" or that you will fail if you do have substantial evidence to the contrary. DO NOT fall for this method of intimidation by CMH.

If you have a case, I would suggest you copy and print ALL of the reports from this site that are even remotely close in resemblance to your particular situation. Include them in your files of documents regarding the matter. Use these, along with any and all notes, papers, contracts, communication documents etc.., that you SHOULD have from CMH, as well as; the company that sold you the money pit you now find yourself in. Bring all of these items with you and get to an attorney.

If you have not done so already, file WRITTEN complaints with all departments, organizations etc.., that have been mentioned in these forums/rebuttals. If you are on Active Duty in the Armed Forces of the United States, contact JAG. If you are a Veteran, contact the American Legion (not a post, the Legion office in your district's federal building) as well as; the current Senate Commissioner of Veteran Affairs.

God Bless and keep you wrapped in His loving arms.

Do not be frightened or dismayed by the size of Clayton (CMH) or the wealth of Buffett. My wife and I had problems from the very first day we moved into our fully paid for (CASH PURCHASE) Clayton "Dream Home". My wife, thank God, is a receipt, document, call log, mail saving QUEEN! This was very helpful indeed when we sued CMH/Clayton Manufactured Homes.

I can not discuss the particulars of the outcome of our law suit. However; I will and can tell you that we are both smiling and EXTREMELY happy with the outcome! I do not think CMH is as happy as we are!

They will without question try and make you believe that you have no "cause of action" or that you will fail if you do have substantial evidence to the contrary. DO NOT fall for this method of intimidation by CMH.

If you have a case, I would suggest you copy and print ALL of the reports from this site that are even remotely close in resemblance to your particular situation. Include them in your files of documents regarding the matter. Use these, along with any and all notes, papers, contracts, communication documents etc.., that you SHOULD have from CMH, as well as; the company that sold you the money pit you now find yourself in. Bring all of these items with you and get to an attorney.

If you have not done so already, file WRITTEN complaints with all departments, organizations etc.., that have been mentioned in these forums/rebuttals. If you are on Active Duty in the Armed Forces of the United States, contact JAG. If you are a Veteran, contact the American Legion (not a post, the Legion office in your district's federal building) as well as; the current Senate Commissioner of Veteran Affairs.

God Bless and keep you wrapped in His loving arms.

Do not be frightened or dismayed by the size of Clayton (CMH) or the wealth of Buffett. My wife and I had problems from the very first day we moved into our fully paid for (CASH PURCHASE) Clayton "Dream Home". My wife, thank God, is a receipt, document, call log, mail saving QUEEN! This was very helpful indeed when we sued CMH/Clayton Manufactured Homes.

I can not discuss the particulars of the outcome of our law suit. However; I will and can tell you that we are both smiling and EXTREMELY happy with the outcome! I do not think CMH is as happy as we are!

They will without question try and make you believe that you have no "cause of action" or that you will fail if you do have substantial evidence to the contrary. DO NOT fall for this method of intimidation by CMH.

If you have a case, I would suggest you copy and print ALL of the reports from this site that are even remotely close in resemblance to your particular situation. Include them in your files of documents regarding the matter. Use these, along with any and all notes, papers, contracts, communication documents etc.., that you SHOULD have from CMH, as well as; the company that sold you the money pit you now find yourself in. Bring all of these items with you and get to an attorney.

If you have not done so already, file WRITTEN complaints with all departments, organizations etc.., that have been mentioned in these forums/rebuttals. If you are on Active Duty in the Armed Forces of the United States, contact JAG. If you are a Veteran, contact the American Legion (not a post, the Legion office in your district's federal building) as well as; the current Senate Commissioner of Veteran Affairs.

God Bless and keep you wrapped in His loving arms.

Do not be frightened or dismayed by the size of Clayton (CMH) or the wealth of Buffett. My wife and I had problems from the very first day we moved into our fully paid for (CASH PURCHASE) Clayton "Dream Home". My wife, thank God, is a receipt, document, call log, mail saving QUEEN! This was very helpful indeed when we sued CMH/Clayton Manufactured Homes.

I can not discuss the particulars of the outcome of our law suit. However; I will and can tell you that we are both smiling and EXTREMELY happy with the outcome! I do not think CMH is as happy as we are!

They will without question try and make you believe that you have no "cause of action" or that you will fail if you do have substantial evidence to the contrary. DO NOT fall for this method of intimidation by CMH.

If you have a case, I would suggest you copy and print ALL of the reports from this site that are even remotely close in resemblance to your particular situation. Include them in your files of documents regarding the matter. Use these, along with any and all notes, papers, contracts, communication documents etc.., that you SHOULD have from CMH, as well as; the company that sold you the money pit you now find yourself in. Bring all of these items with you and get to an attorney.

If you have not done so already, file WRITTEN complaints with all departments, organizations etc.., that have been mentioned in these forums/rebuttals. If you are on Active Duty in the Armed Forces of the United States, contact JAG. If you are a Veteran, contact the American Legion (not a post, the Legion office in your district's federal building) as well as; the current Senate Commissioner of Veteran Affairs.

God Bless and keep you wrapped in His loving arms.

One, do you know how big Clayton/Vanderbilt is? They are not some fly by night company. They are a Burkeshire/Hathaway company (warren Buffett). Second, all calls are documented and recorded. They are reviewed by senior management, upper mamagement, and execs. They have a team that even scores the calls in reguards to FDCPA guidelines. Third, READ YOUR CONTRACT!! A mobile home is a vehicle. It has a title like your car. It is a reposession not a foreclosure. Before any legal action is started by a rep it is submitted to 2 levels of management then to the legal department. There are several attorneys that work for the company to make sure every thing is correct. There is always notices sent out. They use private databases to try to ensure the notices get to you. As long as they attempt to get the notice to you that is all they have to do. It is not their fault if you do not update your correct address.

Also READ YOUR CONTRACT. If the home is confirmed abandoned then they do have the right to take back possession to protect their interest in the collateral. Default is not 90 days. that is a foreclosure. READ YOUR CONTRACT! it states under the default clause that if your payment is not received by the due date then you are in default of your contract! There is no grace period on the contract! And read in the truth in lending it clearly will state per diem or accruing. This means you signed an interest bearing contract. that means interest accrues daily so if you are constantly late the interest will accrue more than your payment and in the end you can owe more than the original loan! READ! READ! READ! The company is huge and they have plenty of educated attorneys and people in specific positions to make sure they are always in the right when they do reposess a home. If you do not understand what you are signing then ask for help or do not sign. A contract is legal and binding and will be upheld in court if you do not hold up your end of the obligations. The lender fronted the money for your home and you willingly accepted it and signed to the terms. So educate yourself before you commit yourself to something you can live up to.

It is my hope that this information will be extremely helpful to those individuals such as myself that are still being subjected to dealing with Vanderbilt Mortgage.

The statute of limitations on taking legal action against them is usually a few years however, foreclosure proceedings are a different matter so please read on. Currently there are two class action suits that have been filed against Vanderbilt in South Carolina but as long as you are going through foreclosure, they can't help you then, but you can be added. One of the class action attorneys is David Breen and his office has recieved calls from across the United states from victims, they have been added as clients so it does'nt matter what state you live in currently. David's assistant is Bernie and she is very nice and helpful, you will be glad you called.

For those of us that have to get foreclosure proceedings finalized before we can be added to the class action suit, this is what I have done that has worked for me.

Buy a notebook, document any calls from Vanderbilt include times, dates and a brief overview of the conversation and who you spoke with.

Next, contact the Attorney General in your state. You want them to investigate your claim and they usually have a website that contains forms that you have to use for complaints and copy everything that you have recieved from Vanderbilt along with any proof that you have that reflects the opposite of what Vanderbilt is accusing you of, like bank statements showing payments, ect.

Also, send complaint letters to the following offices and prepare to send them the same information as above. The State Corporation Commission,Housing and Urban Development, Office of consumer affairs. If a company who's main office is out of your state, these offices that I have listed are required to investigate your complaints and they want to know if a company is acting inappropriately and they can prohibit the company from doing any further business in that state.

In foreclosure proceeedings, those of you that don't have a legal background, again immediately contact an attorney and make sure that they have all correspondance and anything else that you have done pertaining to your complaint. Legal Aid usually has people who handle cases. If they cannot help you, ask them to point you in the right direction.

As for myself, I cannot disclose any further information regarding my case as I am representing myself and my family.

It is a horrible time for anyone to be going through this kind of thing and trying to find anyone to just listen is hard. The last best option you have is to contact class action lawfirms, as many as possible through email if neccessary. Briefly explain your situation! Lawfirms that really take a hard look at a potential case want brief facts only! Remember, they get alot of inquiries so reading lengthy emails will only endanger you from not hearing back from them. You will end up hearing alot of 'no's' before you find a firm to take your case, pro bono (for free) they go for big money judgements and if the case is solid, will not take money up front, that comes out of the percentage of the monetary settlement.

Please feel free to post a reply if I can be of help and I will answer any and all.
Best of luck!
K
Virginia

Michael, please let me know when you have the website set up for Vanderbilt. I would love to nail their @#$ to the wall.

I am making a full fledge website against Clayton aka Oakwood homes as well as going to make national attention by posting signage over 400 miles along interstate 40 east / 421 South stating Oakwood Homes Suck - If you have anything which I can add to the massive website against this company,Clayton Inc. - Just remembered that you heard this here at Ripoffreport.com

I am horrible on the phone. I have a hard time communicating when I am upset and emotional and end up coming accross as a whiner. The person who takes my calls can only respond to what I am telling them. They do not have copies of my dealings with the company right in front of them and so are not enclined to help. You have to have an attitude that you are willing to do what ever it takes, they will respond with a bit more eagerness. What I am trying to say is WRITE to them. It is a formal complaint and a point of reference to whom you are asking for info from. Send with that letter/complaint all the copies of your info. They can not help you if they do not have the required proof they need. In all of your letters/complaints, make sure you give them permission to use and/or obtain any information they need to help investigate your complaint and make sure you ask them for your help. There hands are legally tied unless you put those 2 statements in writing.
Go to the IG office and ask for a complaint form. They will not do any thing until you fill it out. When you call the VA ask them for a complaint form or get it off of thier websight. Ask to speak to an investigator. The State Attorney General Offices enforce state regulations. Print off thier complaint forms on thier websights. Fill them out and send it with your copies. You can do that with the Federal Regulators (Deposit Insurance Corporation, Comptroller of the Currency, Office of Thrift, Federal Trade Commission)I'm sure you have heard of the "black List" for military installation. Bussiness that soldiers are not allowed to do bussinesses with? That and all military contracts (mobile homes for families affected by hurricanes or temporary offices and classrooms for example) are investigated by an office called the Armed Forces Diciplinary Control Board. Send them your complaint letter and copies. At the very least you may be able to spare some other military families from going through what you are now. Thier address is:
Armed Forces Diciplanary Control Board
18th Airborne Corps and Fort Bragg
ATT: MPI AFDCB
Bldg A3275 Butner Rd
Fort Bragg North Carolina 28310

When I was first new to the Army, I tried not to inconvience any miltary or government organization. Over the years I have discovered that I am not a "burden" I will take care of my family, in a strange land, while he is away. SO WILL YOU! You are not a burden and you will not be a victim any more!

They told me they couldn't help and just gave me the run around. I will not pay these people, i do not owe them anything. They stole my home!!!!i have searched them on the internet and found only bankruptcy cases. I wrote a letter to the SEC. I don't know what they can do or how they can help, but we'll see... In need of help!

For one thing I spent 12 years in the army. For another you are some kind of a^&h(*& For assuming that you know what was going on or even if they did or did not pay for it.

You are probably one of those poges that were awarded for things that you didn't do.Whenever a big company is in trouble and is taken over they don't care who it effects.

As long as they can make it up somewhere to include taking something that belongs to a customer.

You are as bad as they are.You're a pri!@.Sounds like something some west point officer would say.You probably are a ring knocker.

I feel for these people, because I too have been taken advantage of because of something that happened while I was deeployed.

If you can't understand whahappened, then you are an idiot.Oh yeah!A west point officer.

Start where I told you to start. The Statute of limitations are different for each state. Most are three years. But you must start your paperwork. You can go over your statute of limitations as long as your case is still open. The best place to start is to ask for intervention from the previous suggestions on my earlier post. . . and anyone else you may be able to think of.

JAG cannot do much for you at this point (it won't hurt to contact them)they will not represent individuals in a civil suit, the house has already been lost. This is now a matter for the Inspector General. It is their job to look out for the best interests of the military, protecting the soldiers finances. Contact the Veteran's Administration. They are very familiar with mortgage lending laws. Finding a lawyer will be difficult but not inpossible, that is a process you can start as you get your complaints and your requests for intervention on record.
By searching Vanderbilt and Oakwood on the internet. I have found Court Records of what you have described. You are not the only victim: One man in Texas sued after he was served with an eviction from the local sherriff. His house and land was sold at auction in front of the court house the day before. How they choose to ripp off people depends on each individual state and it's laws.

Military families are an ideal victim. They are desperate for housing on overcrowded bases where housing wait lists run 12 to 18 months. They move frequently so pinning down what state has jurisdiction provides them a lidigation safety net. All they have to do is call your CO and you will be forced to pay what ever they want- with out a court order. Should your CO be warned and not honor thier request. They simply mess up your credit reports and report it to the IG. They then call you and tell you that they will clear it up if you pay. Very effective if you need or have a security clearance.

They are not done with you. If they discover you will not fight them, they will come back at you for $10,000 to $55,000 for "moving, cleaning and repair fees" and they will use the tactics I just mentioned.

I am not a lawyer, just an army wife who went through what you are going through now. We own a home now, his security clearance is intact and our credit is restored. But, I learned everything the hard way over 9 years of being a perfect victim for them. They stole my house too. Except they put a sales rep at my house with a rifle. Ryan said I would not join my husband at the next duty station without a deal that had his approvel. I snuck out that night and we gave up the house a few months later.

Steve, We didn't live in the home. we just moved down to Ft. campbell and then my husband left to Iraq. He just joined the army and i didn't know anything about anything. Sometime between Jan1 and Jan 8 of 04 they took my home. They sold on Jan 26 of 04. They told me it wasn't due to default in payment. I knew that cause it was paid up until Jan 1 of 04. We didn't go to court, and we didn't sign any papers saying we didn't want the home. We didn't even find out the home was gon until i called to make a payment and they told me i didn't have the home anymore. They say we gave it up. How did we do that when we didn't sign any papers or anything i don't think that can just do that with an oral agreement. Which me or my husband didn't give them an oral agreement. It's crazy and i don't know how they did it but they did it. Our loan was with OCA which sold to vanderbilt in like april of 04. I think it might have something to do with them trying to cover their a$$es or something cause they were going bankrupt. Please if you know of anyone that could help please let me know. I'm at the end of my rope and i'm going to tie a knot and hang on... My husband is in Iraq on his second tour.

So, how exactly did they steal your home? Were you physically removed from it? If so, by whom?

A foreclosure requires certified process, they cannot just take your home. You have a right to your day in court, BEFORE you lose possessionof your home.

As far as the servicemembers civil relief act goes, you have to notify them of your request to honor it in writing.

The ARMY legal office would have done all of this for you, and JAG would have gotten involved. I spent 10 years in the military and know first hand how this works. I have also been thru a foreclosure, and know how that works.

Did you do anything in writing by certified means to protect your rights, or did you just make phone calls?

This just doesn't add up. There is more to the story as well as some others here.

I do feel bad for you, but I think you allowed yourself to be a victim here.

Good luck!

It's going to be 2 yrs in Jan since these people stole my home... Does anyone know what the statue of limitation is on this matter? Please let me know....

Thanks for the help. I'm going to do what ever it takes. What they did was no legal by any means. THey really turely stole my home. I will make sure they will pay.

Jennifer,

It's great to ask for help from others but, there are a few things you can do to defend yourself.

First, send a letter to Syncom, Vanderbilt and Oakwood letting them know that you dispute any and all claims against you. That will stop them from calling your house, they cannot garnish you or your spouses wages without the consent of a judge. Make sure your husband's chain of command is briefed, so no illegal attempts to garnish his wages will be honored.

Second, protect your credit reports. Make sure all 3 credit reporting agencies are notified that you dispute the claims made by Vanderbilt against you.

Third, you need to contact the Inspector General's Office of the military base closest to you. Ask for their intervention, as you know, your financial standing directly effects his ability to obtain and/or hold a security clearance.

Fourth, You must file complaints with your state's Attorney Gerneral's Office, also send copies to the state where you purchased the home (if different than where you reside now) and Vanderbilt's home state of Tennessee. Vanderbilt is so succesful because there is no federal law to combat this problem. You must rely on your states.

As a military member, and the wife of a veteran, I recommend you contact the Veterans Affairs Office. It is thier responsibility to prevent this from happening as well as your State Senator's Office. It is thier responsibility to protect thier constituants, especially military. No soldier can protect both thier family and their country without the support of their elected officials.

I know what I suggested will be time consuming and will cost you in copies and postage, It is necessary, not just for you to defend your family but to also protect those families who will be raped by these companies in the future. I know you can do this.

Jennifer,

It's great to ask for help from others but, there are a few things you can do to defend yourself.

First, send a letter to Syncom, Vanderbilt and Oakwood letting them know that you dispute any and all claims against you. That will stop them from calling your house, they cannot garnish you or your spouses wages without the consent of a judge. Make sure your husband's chain of command is briefed, so no illegal attempts to garnish his wages will be honored.

Second, protect your credit reports. Make sure all 3 credit reporting agencies are notified that you dispute the claims made by Vanderbilt against you.

Third, you need to contact the Inspector General's Office of the military base closest to you. Ask for their intervention, as you know, your financial standing directly effects his ability to obtain and/or hold a security clearance.

Fourth, You must file complaints with your state's Attorney Gerneral's Office, also send copies to the state where you purchased the home (if different than where you reside now) and Vanderbilt's home state of Tennessee. Vanderbilt is so succesful because there is no federal law to combat this problem. You must rely on your states.

As a military member, and the wife of a veteran, I recommend you contact the Veterans Affairs Office. It is thier responsibility to prevent this from happening as well as your State Senator's Office. It is thier responsibility to protect thier constituants, especially military. No soldier can protect both thier family and their country without the support of their elected officials.

I know what I suggested will be time consuming and will cost you in copies and postage, It is necessary, not just for you to defend your family but to also protect those families who will be raped by these companies in the future. I know you can do this.

Jennifer,

It's great to ask for help from others but, there are a few things you can do to defend yourself.

First, send a letter to Syncom, Vanderbilt and Oakwood letting them know that you dispute any and all claims against you. That will stop them from calling your house, they cannot garnish you or your spouses wages without the consent of a judge. Make sure your husband's chain of command is briefed, so no illegal attempts to garnish his wages will be honored.

Second, protect your credit reports. Make sure all 3 credit reporting agencies are notified that you dispute the claims made by Vanderbilt against you.

Third, you need to contact the Inspector General's Office of the military base closest to you. Ask for their intervention, as you know, your financial standing directly effects his ability to obtain and/or hold a security clearance.

Fourth, You must file complaints with your state's Attorney Gerneral's Office, also send copies to the state where you purchased the home (if different than where you reside now) and Vanderbilt's home state of Tennessee. Vanderbilt is so succesful because there is no federal law to combat this problem. You must rely on your states.

As a military member, and the wife of a veteran, I recommend you contact the Veterans Affairs Office. It is thier responsibility to prevent this from happening as well as your State Senator's Office. It is thier responsibility to protect thier constituants, especially military. No soldier can protect both thier family and their country without the support of their elected officials.

I know what I suggested will be time consuming and will cost you in copies and postage, It is necessary, not just for you to defend your family but to also protect those families who will be raped by these companies in the future. I know you can do this.

First contact the Federal Trade Commission call and report there fraud !!!!!!!! second and this is really important from now on record any calls you have with Vanderbilt a recorder cost about 20.00 at Radio shack it connects to your phone , any if there is any written correspondence make copies !!!!!! Third contact local media and newspapers until someone listens to you ,I contacted Howard Ain , he is atrouble shooter for WKRC in Ky, and Ohio you can look up the news channel 9 news , also if you want contact my attorney Burger and COx in covington Ky ,....
Also they cant get away with it if we report all fraud , no company is above the law...... Paula !!!!

I was wondering what you did, and how you sued them i having a very hard time right now... They took my home and said that i gave it up. They clearly stated that it wasn't taken due to default. They say i told them i no longer wanted the home. Which is not ture. I nor my husband never signed any papers stating that we didn't want the home. My husband was in Iraq at the time the home was taken. So i know for sure he didn't tell them he didn't want the home. The home was paid up until Jan of 04 and they took the home Jan 08 04 and sold it jan 26 of 04. I didn't ever get a letter saying they took the home of anything. I just tried to call oneday to make a payment, and oakwood was closed down. i then got on the web and found out that vanderbilt took over lock stock and berral. I called them that is when they told me the home was no longer mine. What the H#$% is going on? They were rude and didn't help me at all figure out what happend. Vanderbilt then sent the loan to syncom. Oh my gosh!!! These people had me in tears telling me i was a no good mother cause my kids don't have a place to live now. I owe the money so i should just shut up and pay it. They also told me i couldn't sue cause i didn't have any money. These people are crazy and need to be stoped. My husband is in iraq again on his second tour. the house was bought before he joined the military. So the service member civil relief act should have taken affect. They should have never taken my home. 1 because we didn't tell them to. 2 if we were in default they still couldn't take my home cause. of the SCRA. It is against the LAW! If Anyone has any ideas or anyway to help please do!!!!