How Do I prove I'm NOT in flood zone?

The Real Estate Disclosure papers show I’m NOT in a flood zone. The Elevation Certificate shows I’m NOT in a flood zone. The VA’s Flood Determination sheet shows me in an “X” (none flood) zone. I have a copy of a Certification of Fill Compaction from FEMA ,and a LOMR-F (Letter of Map Revision-Fill) also from FEMA. Why does Countrywide INSIST on going by 20 year old insurance maps that show NO map revisions? Is it a SCAM to place “forced” flood insurance, take the money from my escrow account to pay for it, then raise my mortgage payments by over $200 per month? AND that’s even after I sent proof that I ALREADY HAD flood insurance from Prudential just for piece of mind (the property is in Florida). NOW I’m in foreclosure because of this (for over 3 years now), it’s ruined my credit, and destroyed my business. My lawyer says “when it’s over” he’ll counter sue. I’m devistated. My property manager says I can’t have renters in the house while I’m in foreclosure. and the maintenance from squatters has become astronomical. My lawyer says NOT to sell it. After 3 years I’m quickly running out of cash in my savings. Maybe that’s what they want? To win by default, because I’ll give up going 3000 miles to their derogitories? Please help, if you have some decent advice for me. I’m dying here!

Sorry I can’t give you better advice but I would tell the Lawyer to do his job NOW not “when its over”.

Have you talked to any other lawyers to see what they think?

It sounds like you need a new lawyer or at least get a second opinion. Unless someone else is a lawyer here who has access to all of the available information, Countrywide’s behaviour doesn’t make sense and you need good legal advice.

Do you have a local news team that handles consumer complaint issues? We have “Fox 7 on your side” and segments like that on our local news. It gets a lot of attention since the media is involved. Maybe you can get better results going to the news stations than going through a lawsuit .

why are you in foreclosure over an extra insurance premium?

This situation isn’t adding up. Maybe there are missing details?

One of Countrywide’s third party fees includes this:

Flood Check Fee - Covers the Federal Emergency Management Agency’s (FEMA) review to determine if a home is located in a flood zone and if flood insurance is required.

It is quite unusual for Countrywide to insist on verifying flood zones using the 20 year insurance maps when the final authority rests with FEMA’s map provision.
U are in foreclosure because of “flood insurance issues”? This seems to be more of a tax issue rather than a flood insurance/mortgage issue.

Ur counsel must be applying one of the following strategies:

  1. Use client purse to attain the law firm’s financial obligations.
  2. Counter-sue Countrywide “when it’s all over” and make some crazy money for my client and for the law firm.

Option 2 is pretty much an uphill task and will require much wit on the counsel’s part and loose cash on your part to squeeze out a winning court determination.

Best of luck in your current predicament.

az newbie– “other lawyer” – I wish I could, unless you know of a Lawyer who will listen and advise as a free-be

deeinaustin– “new lawyer”-- I can’t. I don’t have the $3000 to pay over again for another Lawyer.

“local news team”-- great idea! I’ll check around to see. Maybe there’s something at the Chamber of Commerse. Or something on the Internet?

niravmd– “over an extra insurance premium”–Maybe this will help: They raised my payments by $200 per month. I kept paying the regular amount while I was arguing with them, and faxing them all my proof. After 3 months they started refusing my payments. Then another three more months, they took me into foreclosure.

deeinaustin– “missing details”-- yes! this isn’t really enough space to let you know what all that I’ve been though over the last three years, including being called a lier by someone in their collections department, when I told them that the payments where going out electronically. She insisted that Countrywide doesn’t accept electronic payments, which is ludicrous. I have another loan through them, being sent the same way, with no interuptions.

I’ve reported them to HUD. Someone by the name of Eddie is checking on this. She says that Countrywide is not in complience. Maybe now something will get done.

Also someone eMailed me a note to inform the FTC. I tried that and the FTC claims that Countrywide IS in complience. I’m sending a copy of the Email from HUD to the FTC to see what happens.

In the meantime I HAVE to get back in gear! I’m out of money! Does ANYONE know of a loan company that is willing to risk a loan to someone in foreclosure, a low FICO, and NO income? I’d need $75K to start up again, even if it means paying 9% while everyone else is getting 6%. Or what about the house I’m living in? It’s paid for, so maybe I should try an HELOC? I had one years ago, and it worked out great.

oski– “third party fee”-- The loan did not originate from Countrywide. I originally bought this as a VA Foreclosure (the loan was purchased by Season’s Mortgage, then Countrywide purchased it from Season’s). The real estate agent’s disclosure sheet said that there would be no flood insurance required (otherwise I wouldn’t have purchased it). The VA sent a Flood Hazard Determination Sheet, and an Elevation Certificate, both showing the property was in an X-zone (meaning it isn’t in any kind of flood zone) with my closing papers. The VA also sent copies of the Certification of Fill Compaction, and a Letter of Map Revision-Fill (LOMR-F) both from FEMA. I faxed all this information to the Insurance unit at Countrywide, but the woman said the fax wasn’t good enough: “How do I know you didn’t make it up on your computer?” I told her that I couldn’t make up the FEMA letterhead or Logo, so she said “You could have cut and pasted.” I’ve never been so humiliated in my whole life! Don’t EVER get a loan through Countrywide. Anyway, I ended up SENDING all the evidence to her (BAD MISTAKE!). I called her 3 days later. She said she received my package but hadn’t had time to look at it yet. Would I call back tomorrow. I called back the next day, and she said she never got the package. I told her she told me yesterday that she DID get it, and she said “No I didn’t.” I had to spend D-A-Y-S on the phone, mail, internet trying to replace everything she destroyed. My lawyer has it all now.