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USAA and PHH Mortgage Mismanage Escrow Funds

Update by user Oct 17, 2011

Re: Cease and Desist

October 17th, 2011
Media Relations
1204 Avenue U, #1080
Brooklyn, NY 11229
United States

You are being advised to Cease and Desist from allowing the following URL posting to remain on your website. Settlement has been reached with the company and part of the settlement is to remove any and all postings. I will send a certified letter as requested, but I think it\'s a violation of my rights to not have control over my own postings.

Peace should be the most important goal of this website, but it appears that not allowing an individual to remove a posting from their own account is a deliberate way to perpetuate anger and misunderstandings.

You are hereby advised to remove the posting immediately, or risk violating both federal and state laws.


David Craig Mastrianni {{{Redacted}}}

Original review posted by user Oct 15, 2011
From: davidmastrianni@***.com To: monique.hagins, john.saenz, maryann.lynn, linda.maxwell;***; public.information@*** Subject: October 14th, 2010 Update, David Craig Mastrianni Date: Fri, 14 Oct 2011 15:02:36 -0500 RE: Loan: David Craig Mastrianni Dear Monique (PHH) and John (USAA): Since we last talked and since I sent you the last email, I have created a Youtube website, and a Twitter site. Both sites can be found at and Please read the following statements made by me in an effort to give an accounting to what has happened between USAA and I over the last few years, after I was hit by a drunk driver and disabiled. Also let me know if there are any objections to my websites, or in posting the comments below. Remember Monique, you offered to get USAA to make a "Business Decision" about settling with me about this issue. I have asked for USAA and PHH Mortgage to reduce my mortgage by 50% percent in an effort to settle this matter, and settle all of the injustice against me and my grandson who are still both members of USAA. It's on tape, you suggested it, not me, but I think it's a great way to settle this matter without having to file an American's with Disabilities Claim from me or my grandson, and without having to expose all of these issues in court. I don't think for one second that any judge in America would be too happy with an Insurance Company that made 18 billion dollars in profit at the expense of it's disabled, injured, or economically disadvantaged members, and at the expense of civil rights violations, and Americans with Disability violations. As members of USAA I feel I have the right to create websites and social media sites that are related to the fact that both Justin (my grandson) and I are both USAA Members. In spite of how both of us have been treated by USAA, I am still a USAA Member. As stated on one of the audios found at our Youtube site, I still take issue that I was forced by a USAA attorney to remove my USAAMEMBER.COM AND USAAMEMBERS.COM website. I believe that it was all part of being bullied by USAA because both sites were at the top of the search engines. I also believe that in doing so USAA violated my civil rights, which is covered under the first amendment with the freedom of speech. I had and have a right to speak, write and blog about the issues I have with the way USAA has treated me. So with that said, I am asking congressman David Vitter to give me a chance to speak to him, and I am asking for his help in filing a civil rights complaint in regards to being forced to shut down my sites and surrender both domain names. I am also asking to have a personal meeting with the executive staff and board members, where I can inform everyone what has happened to me and my grandson, and to ask for the resignation of Josue "Joe" Robles Jr., USAA's president and CEO, for allowing all of these violations and discriminations to happen against me and my grandson while under his watch. Below is a list of all of the wrongs that USAA has committed against me or my family. Keep in mind that all of issues started after I became injured, and the USAA collections department started treating me and my family like a dog. 1) USAA collections department takes money out of members saving account who is 15 years old (without minors permission or knowledge) to pay his disabled grandfather debts to USAA. USAA collections pillaged my grandson Justin Bellue's (a minor) saving account to pay past due bills that I owed to USAA. I have already explained how hurtful and deceitful this was to both me and my grandson. And how it has severely effected my grandson's mental health when he found out that all the money he had worked so hard for (15 years old at the time), just to find out that a "reputable firm" (USAA) had found a way to take every penny of it. 2) USAA Attorney's forces member to surrender personally owned websites and domain names, possibly violating members civil rights to freedom of speech. As stated on one of the audios found at our Youtube site, I still take issue that I was forced by a USAA attorney to remove my USAAMEMBER.COM AND USAAMEMBERS.COM website. I believe that it was all part of being bullied by USAA because both sites were at the top of the search engines. I also believe that in doing so USAA violated my civil rights, which is covered under the first amendment with the freedom of speech. I had and have a right to speak, write and blog about the issues I have with the way USAA has treated me. I had and have the right to give an accounting of what has happened to me and my grandson, and how USAA has treated me since I became disabled. So with that said, I am asking congressman David Vitter to give me a chance to speak to him, and I am asking for his help in filing a civil rights complaint in regards to being forced to shut down my sites and surrender both domain names. 3) USAA would not pay all of storm damage claim, member had to hire a Storm lawyer. Had to hire a storm lawyer to be paid for storm/hurricane damage. USAA settled out of court with me, but I had to pay the lawyer almost $5000 dollars out of the damage claim. That was an ordeal in itself, having to force USAA to cover what I was paying for on my insurance policy. 4) USAA Locks disabled member out of it's USAA website. Yes I have been locked out of the USAA.COM website. Have not been allowed to access the site in years, all during my disability and injury. 5) USAA and PHH Mortgage misappropriates, mismanages escrow funds and federal principle payment funds of member. Went through and still going through pure *** about almost loosing my home, and USAA and PHH Mortgage has made it almost unbearable with all of the "Mistakes" they have made with issues about mismanaging my escrow funds (which is a felony in most professions and in most states). I'm not talking about a lot of money, but when you send a letter every month with your certified check for the mortgage payment, instructing PHH Mortgage and the Mortgage Service Center to apply over-payments to escrow, and PHH Mortgage staff deliberately send the money to my principle instead, month after month, phone call after phone call, and it's till not corrected, what are you supposed to do. Let's not forget about the HAMP Program and how I had to get US senators, governors, and executive staff members at USAA like John Saenz involved just to keep USAA and PHH Mortgage from taking my home. I have paid on time, paid extra each month to be applied to my principle, and instead of being rewarded and getting $1000 dollars applied to my principal as promised to all HAMP program participants after 1 year of paying my mortgage payment on time, I get a letter from USAA and PHH Mortgage that I owe them $673.26 in an escrow shortage, and this is not the end of the story, it get's better. About 3 months or so before I got my escrow shortage letter, USAA and PHH Mortgage sent me a letter telling me, advising me, that my monthly mortgage payment was going up because my homeowners insurance rate had gone up. It's kind of like raising chickens and asking your fox to guard the hen house while your asleep. So let me get this straight, there may be a domino effect going on here deliberately, and it all started with the USAA collections department and their "Were going to collect what you owe us no matter what we have to do attitude'. 6) USAA Refuses short sale of truck. My new truck, lost that, USAA sent some dudes over and picked up my truck, in spite of the fact that I had a buyer that was willing to pay $17,500 dollars for it at short sale. USAA collections turned it down of course, and sold the car at auction for less than $17,500, and guess what? USAA sent me a bill for the difference. I think they were demanding over $12,000 dollars from me after the auction. Not sure, really don't remember the amount, too ticked off about being turned down for the short sale. 7) USAA Adjuster and Calvin's auto try to have member arrested for driving off the lot with my ex-wife's vehicle, even though ex-wife gave permission. USAA adjuster failed to communicate properly with Calvin's Auto repair in Baton Rouge about the repair to my ex-wife's car (Carol Craig), and as a result I was threatened with arrest and the sheriff's department was called to arrest me unless I paid a balance of almost $500 dollars. I paid the money in cash on the spot to avoid being arrested, then I called USAA and after getting in touch with the right person, they discovered that the adjuster never bothered looking at the car physically, and had only looked at pictures that Calvin's Auto repair had sent them. There were issues about after market parts, salvage yard parts, etc., to repair my x-wife's car with, and their seemed to be an issue of Carol owing money, in spite of the fact that the other insurance company was at fault. There was also an issue of the fact that carol's car was only worth or valued at less that $8000 dollars, and that the repairs were in excess of $6500 dollars, which means that the car should have been totaled. But USAA and Calvin's auto acted together to bring down the cost of the parts by using salvage yard parts, and after market parts to avoid having to total the car. Once again, USAA could have subrogated all cost against the insurance company that was at fault, but instead choose the route to save them money, and caused the confusion of Carol owing for repairs to the vehicle. I was asked by Carol to pick up the car since she was at work, and after picking up the car from Calvin's auto I took Justin out to eat. While we were eating I got a phone call from Calvin's auto that I was going to be arrested unless I paid what was owed on the vehicle. I told them, I was told by Carol that the car was finished, and that nothing was owed. He said we have 15 minutes to return with almost $500 in cash or that I would be arrested. We left the restaurant, and drove to Calvin's auto and paid Calvin's in front of a waiting police officer. I paid it with my mortgage note money. 8) Did USAA and Calvin's Auto manipulate the repair of a vehicle when in fact the car should have been totaled? In my opinion, I believe that it is possible that USAA adjusters and Calvin's auto may have manipulated the repair of Carol's vehicle when in fact the vehicle should have been totaled. When they chose not to total Carol's vehicle, and instead used salvage parts from a salvage yard, and after market parts to keep the total repair below the percentage of the cars worth versus the cost of repair. Had USAA used new parts to repair Carol's vehicle, the cost would have went well beyond the value of the vehicle. I guess subrogation is too much of a hassle for USAA, even when your not at fault. So Calvin's charged an arm and a leg for the repair, a repair they never should have done because their is still frame damage from being hit at a dead stop at a stop light, by a truck at 45 miles per hour. Issues with alignment and other issues with the repaired car remain to this day. If the repaired car was declared a total loss Carol would have receive compensation based on what the insurance company determines the actual cash value (ACV) of the car was before the accident. This is calculated through various means - such as local sales of like vehicles, NADA and Blue Book, etc. 9) I'm not done listing everything, there is more to list, but I'm too tired. I am sure the USAA lawyers are huffing and puffing right now, listing how I may have violated the law in bringing this issue to the attention of the executive staff at USAA and to the attention of US Congressman, and via the social networks. But that's what I expected, why on earth would USAA lawyers and executive staff want to do a 52 year old disabiled member, and a 20 year old now disabiled member right, when they have the power, the time, and the money to bully me, or to continue to bully me? Nevertheless, I peck away at the keyboard knowing that I am doing my best to bring all of these issues to the light of justice. Anyhow, I know it sounds like I am mad, but really I am just in a state of having to defend myself by writing about it (very theraputic?) and defend my health from past and present USAA and PHH Mortgage descriminations, mismanagements of escrow funds, and attacks. I am not writing or expressing anything contained herein or on my websites that are out of anger, it's more out of frustration about why me and my grandson had to be treated like we have been treated, and why I keep having to fight your companies. I will write more later. Hope to hear from Monique and John. (Don't be afraid of the recordings, USAA states that it records conversations also, so I'm not afraid to talk when I know I am being recorded, why should any of you?) When I am done documenting everything I think it will be obvious to most legal minds, and anyone with common sense that USAA and PHH Mortgage has comitted a great injustice, delberately in my opinion, against me and my family, because I became disabiled and unable to pay off some of my loans. In my opinion USAA has acted like a bully, trying to kick me out as a member one way or another, so that I will not cost them any more money. I remain civil minded and peaceful in regards to this matter, however I do have a passion for Justice, and I hope the best for all parties involved in bringing this matter to a peaceful ending. During the two years that I was sponsored by the Federal Trade Commission to promote the Federal Copa Laws online (one of only three companies nationwide), my passion to protect kids online was honored by the FTC, FTC members, members of congress for my help and technical knowledge, and members of the online community. Companies like McAfee even flew me out to California to help them with their online "Kids" policy and kids site they were launching. So don't misjudge me and think I am some push-over disabiled grandpa man. I am a very passionate person when it comes to justice, and even more passionate when it comes to injustice. I also just got news a few minutes ago that my dad is dying, so there might be a delay in me having to document all this stuff. Onward, David Craig Mastrianni P.S. News update: Ted Cruz, Conservative Republican candidate for U.S. Senate from Texas. Former Solicitor General of Texas is following us on our new twitter site. CC: Attorney General Greg Abbott:***
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Baton Rouge, Louisiana
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