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Facing Foreclosure, Akhom Phetphanh Pledges to Stay in His Home of 20 years

Akhom and his son Ty in front of their longtime home in Rochester









See Akhom's Letter to EverBank Below...


Open Letter to Everbank from Akhom Phetphanh in Rochester, NY

EverBank Financial Corporation
Shapiro, DiCaro, and Barak, LLC
250 Mile Crossing Blvd # 1 Rochester, NY 14624
May 30, 2013
Dear EverBank,
My name is Akhom Phetphanh. I live at 256 Durnan St., Rochester, NY
14621. I’ve lived in my home for 20 years. This is where I raised my four
kids. EverBank has foreclosed on my home, and after buying my house at an
auction for $500 is now trying to evict me. I am asking you to put an
immediate stay in writing on efforts to evict me, and work with me so I can
keep my longtime home.
I was born and raised in Laos, a country in Southeast Asia. In Laos my
specialty was land use and I worked for the government assisting with the
development, buying and selling of land, and tax collection. I fell on hard
times there, and in 1987 I moved to the United States in search of a better
life where I had heard stories about the American Dream. I worked hard for
many years, including 17 years at the Rochester Institute of Technology
(R.I.T.) doing cleaning work. In 1994 I finally saved up enough money and I
bought a house for my family. For me this house is more than a financial
transaction, this house has been a foundation for my family, and I’ve put so
much into it.
Unfortunately, it appears the bank sees my house simply as investment or
transaction. I’m not sure how you got involved since I never took out any
loan with EverBank. In 1994, I took out a mortgage with Alliance Banking for
only $13,537. My loan was then bought by Federal Saving Bank. After that
my loan was bought by Commercial Mortgage Company, then after that by
Regions Bank. Then finally in 2009 you, EverBank, bought my loan. All this
makes my head spin, but I simply want my house back.
It seems the moment you bought the loan, you wanted the house, and didn’t
want to work with my family. Not only did you send my payments back, but
my family made many offers and we thought you would work with us. That
didn't happen. All I am asking you to do is let me have my house back so I
can continue to pay $316 a month, the amount I was paying previously.
I am requesting that you send me a written letter by June 5, 2013 saying that
you have put a stay on eviction proceedings. If I do not receive that letter, I
will join with my supporters at Take Back the Land Rochester to launch a
series of protests, and wage a public relations campaign in order to shine a
light on Everbank’s unjust practices. We are opposed to the mass evictions
being carried out by the banks after foreclosure which are causing untold
suffering to thousands of people and dragging down our communities. We
are aware that the Federal Reserve recommended that EverBank be fined for
your “unsafe and unsound practices in their loan servicing and foreclosure
processing” and that was just to tip of the iceberg. Be aware, I will not leave
me home whether I get an eviction notice or not. My community is behind
me, and I believe this to be both a moral question and an issue of justice.
I’m willing and able to pay and I’m hoping this can all be avoided by your
working with me. Please answer this letter as soon as you can. Thank so
much. I look forward to talking with you soon.
Akhom Phetphanh
256 Durnan Street
Rochester, NY 14621
U.S. Federal Reserve, Division of Consumer and Community Affairs
U.S. Department of Treasury, Office of the Comptroller
U.S. Senator Charles Schumer
U.S. Senator Kirsten Gillibrand
U.S. Congresswoman Louise Slaughter
New York Attorney General, Eric Schneiderman
Rochester Mayor Thomas Richards
Rochester City Council President, Lovely Warren
Take Back the Land Rochester
Metro Justice of Rochester
Band of Rebels
Enough is Enough!