Public Mediation

Jody Fly vs. Vanderbuit Mortgage

J. F. vs. Vanderbilt Mortgage & Finance - A Berkshire Hathaway Company
500 Alcoa Trail, Maryville, Tennessee, 37804-5516, United States
Amount Involved: $14,750.00
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: 1 non-monetary items.
    • Claim #: 1024437
    • Amount Involved: 14,750.00
    • Filed On: Oct 14, 2016
    • Posted On: Oct 25, 2016
    • Complaint(s):
      • Problem with a service
      • Bad business practices
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Statement of Claim
Claimant says:
"I became ill around march 2014 but continued working over the course of summer I got worse leding to seizures and loss of my left side motor control landing me in a wheel chair and disabled on Dec 24 2014, which was also the last day i worked. I was diagnosed with brain cancer Jan 13, 2015. Called Vanderbilt immediately. I was then one month behind on my house note. My brain surgery was scheduled for Jan 28, 2015. They called two days before surgery to ask me to go to local bank n sign over paperwork to replevin my home which i refused due to my health and my family's shock at the callousness of a company to harass a dying woman. after semi successful surgery in Jan. spring of 2015, which court records reflect the exact dates. I was drug into court on chemo and radiation treatments unable to walk or stand, in a wheelchair I could barely speak. I had no way of looking out for my own best interest, I was put before Vanderbilt's court rep who verbally assualted n battered me to the extent I was literally screaming for the court baliff for help. My father and estranged husband felt I was so threatened they threw their arms out between she and I. Bailiff seperated us all n then we went straight before a judge i was terrified crying and trying to understand why i was terrified in a court house. Needless to say i should have been assigned guardian ad litem if nothing else as I was incapable of determining my best interest same as a child. remember I had huge amount of brain tissue taken out it was a miracle I was alive. and they took my home. my family had to buy a rental property for me to pay to live in as Vanderbilt kicked me out cause they refused to refinance as my payment was too high with me not working. i couldnt use my house site at my family farm as they broke apart the home n have let it set ever since. It still sits there while im trying to build a tiny home around it. (pics available) but on disability I cant pay rent AND build a new home site around the existing home. so I have the tiny home shell there but cant even hook to my utilities without digging all new lines or use the house site foundation because again the house is STILL there today! but vanderbuilt's reign of terror doesn't end there, it was perfectly livable when I moved out. now the ceilings are falling in, full of mold, only heaven knows what animals have moved in! I Still have cancer still fighting to live and they i believe endanger me by not removing this house thats now THEIRS and creates a health hazard. Not to mention i have to look at my family home deteriorate before me. My father contacted a representative that was supposed to be moving the home and was told that if we pursued any kind of legal action (which i havent) to hurry them they would simply do nothing and leave it set there intentionally which appears they have. ! will upload docs n pics as needed."
Reply Have a similar problem?
  • 12-24-2014 — date of official disability and last day of work
  • 01-13-2015 — diagnosed with brain cancer
  • 01-28-2015 — awake crainiotomy 80% of tumor removed along with surrounding infected brain tissue.
  • 10-14-2016 — people claim filing, replevined house still here
Additional Communication Between Claimant and Vanderbilt Mortgage & Finance - A Berkshire Hathaway Company Hide
  • Oct 25, 2016, Claiming party added:
  • A woman from 'corporate Vanderbuilt' office called me today. She wasnt very clear about who she was or exactly what her job was in this. took me asking three times if she was a legal counsel of some sort. ito get straight answer i had to flat out ask are u a lawyer or vanderbuilt. then she said no.

    I guess as my claim goes public if not resolved by today they want me to back off. I havent received their offer in writing via email or people claim. I was supposed to have it last friday on Oct. 20, 2016. I called the rep sat said i would have it monday. still no emailed offer to me or through people claim. and they asked me via this lady to drop claim n clear it out today if she would email me a new agreement shes working on? I declined.

  • Oct 25, 2016, Claiming party added:
  • after declining my original offer of settlement for 14772.98 for everything and having house out by 10/29/16

    they landed on offering me a settlement, of 7800.00 cash and monthly stipend of 600 a month after dec 1 and each month after until its gone, if trailer not moved by 12/1/16. in exasperation with it all i agreed. they dont have offer in writing to me for review as of yet.

  • Oct 25, 2016, Claiming party added:
  • FYI Illinois statute regarding assault/battery of disabled person in a public place...

    (720 ILCS 5/) Criminal Code of 2012.

    (720 ILCS 5/Art. 12, Subdiv. 5 heading)
    (Source: P.A. 96-1551, eff. 7-1-11.)

    (720 ILCS 5/12-1) (from Ch. 38, par. 12-1)
    Sec. 12-1. Assault.
    (a) A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.
    (b) Sentence. Assault is a Class C misdemeanor.
    (c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.

    (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
    Sec. 12-2. Aggravated assault.
    (a) Offense based on location of conduct. A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue.
    (b) Offense based on status of victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following:
    (1) A person with a physical disability or a person 60 years of age or older and the assault is without legal justification.

    and it goes on...

What Claimant Wants Hide
What By When How Much
1. Complete project: remove dilapidated mobile home Oct 29, 2016 N/A
1. Compensation: 15 months rent and utilities reimbursment Oct 29, 2016 $9,750.00
2. Recovery of Losses: punitive damages Oct 29, 2016 $5,000.00
3. Other – Copy claim to regulators Oct 29, 2016 $14.99
4. Other – Pay for claim posting cost Oct 29, 2016 $7.99
Just make me happy!
Claimant invites Vanderbilt Mortgage & Finance - a Berkshire Hathaway Company to make a fair offer to resolve this complaint.
Cash total : $14,772.98
Non-cash: 1 items
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer

There has been no response to this claim from Vanderbilt Mortgage & Finance - a Berkshire Hathaway Company. This claim will remain posted until resolved
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