Carrington Mortgage Services, LLC Another victim of Florida Hurricane Irma. This remains a very hot topic with many as Mortgage companies and Insurance companies in Florida continue to hold back funds and abuse the right of those insured and the conduct of Florida Mortgage companies. Parts of the city of Miami are under water as Hurricane Irma heads for mainland Florida, triggering storm surges across the south of the state. Irma was downgraded to a category three storm at 1900 GMT, but made landfall on Marco Island off Florida’s west coast with winds of up to 120mph. This case is an example of how Mortgage Companies in Florida are treating the clients after the storm.
1600 S. Douglass Road
STE 200-A & STE 110
Anaheim, CA 92806
Registered Agents to be Served:
CT CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
PLAINTIFF’S FIRST AMENDED COMPLAINT
- This is an action for damages in the amount of $5,000
- Plaintiff, Michael Keeler is a resident of Broward county, Florida.
- Plaintiff is a mortgage holder of Loan #4000198111 belonging to Defendant, Carrington Mortgage Services, LLC.
- Plaintiff contends that Defendant’s check issuance “Process Guidelines” and disbursement policies regarding property loss claims from Hurricanes violates public policy In the State of Florida and the United States of America and causes undue stress, harm, and damage by purposely and intentionally refusing to release funds and/or delaying the release of funds
- Plaintiff has suffered damages in excess of $130,000 as a result of Hurrican Irma on or about September 11th, 2017.
- Plaintiffs insurance company had estimated the loss to be less than $96,329.68
(Exhibit A- Copy of Insurance Company Estimate)
- Plaintiff received a check from the insurance company in the amount of $81,249.04 which is less Plaintiff’s deductible ($7,000 approx) and “depreciation”
- Plaintiff received estimate to replace roof in the amount of $39,985.00 from Tornado Roofing (Exhibit B)
- Plaintiff received estimate to remove/repair/replace ALL interior damage and floors from Deco Tile Inc in the amount of $82,345.00 (Exhibit C- estimate DecoTile). Furthermore, Plaintiff entered into agreement with DecoTile for completion of repairs upon receiving 50% or $41,000 of the estimate with the understanding that future insurance recoveries DecoTile Inc would be used for paying the balance owed. (Exhibit D-Agreement with Deco Tile) (Exhibit E-Some Photos of Damage)
- Plaintiff, during the Hurricane Irma claim process, was represented by Public Adjusters, The People’s Choice located in the West Palm Beach area. The People’s Choice reached an impasse with the insurance company on the damages beyond $96,329.68. It was then recommended by the Public Adjuster that the next phase in this process, filing suit, take place.
- Plaintiff, by recommendation of its Public Adjusters, The People’s Choice,,hired counsel on January 10, 2018, Randy Shochert, Shochert Law Firm to file
Suit against Homeowners Choice insurance company. Plaintiff discovered that Shocert Law Firm failed to abide by their obligation, as a result, Plaintiff dismissed counsel on 2/10/18.
- Plaintiff hired Attorney Anthony Lopez of the Firm Marin, Eljaiek, and Lopez on 2/13/18 to pursue the claim against his insurance company for failure to pay for all damages suffered as a result of Hurricane Irma.
(Exhibit F- Copy of Retainer Agreement with Law Firm Marin,Eljaiek, & Lopez
Coconut Grove, FL)
- Defendant has created check issuance “Process Guidelines” policies that are unlawful and irrational, severely injure and harm homeowners, intentionally created as a scheme to keep monies and/or delay payments for Hurricane claims.
- Defendant’s irrational policies has held up contractor work and caused additional damage by failure to issue payments timely and failure to issue checks for the entire loss.
- On or about January 28th, Plaintiff noticed additional damage to his Office and Master Bedroom, as the ceiling as started to crack in both places as a direct result of rain, leaks
in roof, and further damages caused by Carrington Mortgage intentional delay of disbursement of funds to repair Plaintiff’s property. (Exhibit G-pics of damage)
- Defendants intentional delay tactics and refusal to disburse funds started back from January 3, 2018 to current. There are many examples of their deliberate and intentional delay including but not limited to:
- Recorded Conversations clearly promising to disburse all funds
- Stating that a contractor failed to put their License # on an Affidavit form
When in fact it was clearly written on the form
- Stating they do not know when checks will be disbursed as this is part of the review team’s decision
- Stating contractors never signed the documents when indeed they did sign all relevant documents
- Another example of the intentional delay is as follows:
On or about February 21st, 2018 at 1:46 pm, for 1 minute and 36 seconds,Plaintiff received a phone call from Carrington Mortgage about setting up a roof inspection. This inspection was set up thru their Attorney Andrew Ingalls. As of this date, approximately 2 week later, Defendant still has not inspected the property.
While the 2 weeks not only is part of the delay, the inspectors report will take a week, and if there are further disbursements of funds for the roof, it will not happen for another two weeks. Therefore, total delay time for a simple roof inspection is 5 weeks or longer.
- Defendant refused to disburse any payments for damage at that particular time frame and all disbursements have not been made. Defendant has been made aware that the property continues to suffer damages as a result of Defendants negligence.
- On March 2, 2018, Plaintiff received an estimate to repair damages to the Master Bedroom and office in the amount of $4300.00. (Exhibit H) These damages are a direct result of Defendants failure to disburse funds, failure to operate in good faith, breach of contract, and negligence by delaying and/or refusing to disburse funds.
- Plaintiff contends, if Defendant had expedited the disbursement(s), operated in good faith, took the necessary steps to ensure further damage was not caused, and worked with Plaintiff rather than against Plaintiff, further damage would have never taken place.
- Defendant has intentionally delayed payment(s) of funds by failure to ever notify plaintiff of any possibly discrepancies, refused to issue checks for damages that required Defendant’s endorsement, and caused additional damages in their delay. Defendants negligence in its failure to notify Plaintiff of any shortcomings in the unlawful “Process Guidelines” is simply an intentional ploy by defendant to cause harm to Plaintiff and his property.
- Plaintiff is concerned should defendant become insolvent tomorrow then all the monies, repairs, damages, and overall claim would be further delayed.
- Plaintiff had a previous lawsuit vs. Defendant ,Case No. 16-08531, (Exhibit I) for fraudulently charging late fees on Plaintiff’s mortgage. Plaintiff was successful in this case.
This clearly shows Defendant exhibits a pattern of negligence, misbehavior, and intentionally trying to harm consumers.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for the following relief:
- Award Plaintiff $5,000 which is the damages caused by Carrington Mortgage;
$4300.00 for the property damage plus emotional and mental stress and anguish as well as failure of Defendant to operate on a good faith basis.
Plaintiff also requests all court costs, which includes filing and service fees, and attorney fees which is subject to this suit.
STATE OF FLORIDA
COUNTY OF BROWARD