D. R. HORTON HOME BUILDER HORRIBLE CUSTOMER SERVICE BREACHES, CANCELS CONTRACTS, DECEPTIVE, UNETHICAL PRACTICES, INCOMPENT STAFF SCOTTSDALE Arizona

Letter to the DR Horton office manager and associates in Scottsdale, Arizona:

Attn: Bill Sanders & Associates

Re: Cancellation of Purchase Contract

Enclosed please find copies of the sales contract processing worksheet dated Oct. 4, 2007, which includes the Confidential Statement of Information. You will note the highlighted area in which the appropriate branch of DR Horton assumes responsibility for obtaining the Disclaimer Deed from my husband.
I am also including copies of information about the Natinal Flood Insurance Program with highlighted sections, the Subdivision Public Report, a copy of Flood Insurance Notification supplied to me by DR Horton which is checked "To Be Determined", as well as a copy of the Flood Insurance Policy from the DR Horton Insurance Co.
I believe the Confidential Statement of Information speaks for itself, Although I do not doubt that your compay will attempt to pick it apart for some flaw that will render it not responsible.
I would like to address the issue with the flood insurance:
Federal Regulation requires the lender to notify the borrower in writing of the requirement for flood insurance at least 10 days prior to the closing of the loan.
On Monday, Feb. 25, 2008 I received a phone call from Tracy Thraen informing me that I needed flood insurance. That was two days prior to the loan closing set for Wed., Feb. 27, 2008 @ 10:30am. The information was very cut and dry, much to my dismay.
I was not given the opoortunity to shop for and compare policies with other insurance companies. I was also not informed by Ms. Thraen that the insurance company I was contracting with is affiliated with DR Horton, which will benefit financially from this contract. Thus, and additional $98.00 was added to my monthly mortgage payment.
Mr. Sanders, my question to you is how many homes have been built on Parcel 27 at Homestead North, which is partially located within zone "C" and partially located in flood zone "A" as defined by FEMA Flood Insurance Rate Map #040077-0450d, Pinal County, AZ?
It is obviously stated that lot 84 on which the home I purchased 39961 W. Hayden Dr., Maricopa, AZ 85238 is built, may be required to have flood insurance until a letter of Map Revision is approved by FEMA, which as I was told by Samara Hackworth on Feb. 29, 2008 via telephone, would not be until Aug. of 2008.
Mr. Sanders, within the scope of one day, March 6, 2008, by all evident accounts, you and your company breached our contract, took my home from under me, decided you were going to keep my $3,000 earnest my money deposit, and E-mailed me the cancellation form for my signature to release my $3,000 to your company. I was extremely insulted and offended by your lack of sensitivity and consideration for my feelings and intelligence.
After receiving this E-mail I called Colleen Ferry and left a message on her voice mail basically stating that I would not be signing the release to your company, DR Horton.
I don not know what ensued during the following hours, but the following norming on March7, 2008, at approximately 9:00am my time, you had by all appearances, reluctantly changed your mind and said you were returning the $3,000 back to me. However, you stated very clearly that your company was not at fault, that it was my fault, at which point our conversation took on a very sour note.
Mr. Sanders, your tone and demeanor to me on the telephone was arrogant, disrespectful, and showed no professional tact whatsoever. And when I continued to speak what was on my mind, you threatened me with breach of contract. That was the second time I had been threatened by the staff of DR Horton. The first time was by Doug D'alessandro who said that his company would defend itself to the fullest if I decided to pursue this matter legally. Samara Hackworth was present during that conservation via open speaker on the telephone.
I told Mr. D'alessandro that he needed to back up as I had never mentioned that I had any intention of pursuing this matter with legal proceedings. He agreed that perhaps he had gotten ahead of himself. Mr. D'alessandro told me that the loan on my home was being cancelled and that they would build me another one after my divorce was granted. I mentioned to him that that sounded like discrimination, and none of this would be happening if the appropriate party/parties had attempted to obtain the Disclaimer Deed from my husband four months ago, instead of two hours before the closing of the loan.
He was relentless and Samara Hackworth reneged on her admission that her company should have obtained the Disclaimer Deed a long time ago, and this situation should not be happening. She told me that she would do everything she could to take care of situation. She did nothing, except a very good job of covering up her obvious negligence.
Mr. Sanders, I need to make it very clear that I never wanted to cancel the contract on my home. I wanted my home very much. It is on a premium lot, which I paid extra for, and approximately $39,000 in upgrades. I have been without a home of my own since May 2007, when I was forced to sell my home in Porterville, CA due to my pending divorce, and the offer Colleen Ferry made to me to build me a spec home site unseen, after my divorce was granted, was just not acceptable.
I presently reside with my older son and his family in Oxnard, CA, which makes it a hardship to make additional trips to Arizona. However, if I have to, so be it.
Mr. Sanders, due to the incompetence and negligence of your loan company and title company, to name just some, as well as yourself, I have suffered losses that can not be replaced. However, I have been in the lion's den many times before. Yet, it never ceases to amaze to see that in the end the lions have no teeth.
Mr. Sanders, if you have any sense of decency and morality, this situation should keep you awake at night until you realize what a wrongful deed you have committed, and how you are going to make up for it. However, I don't think I should wait for that day to happen. Therefore, I am invoking my right to negotiation, mediation and if necessary, binding arbitration as described in the PURCHASE CONTRACT/ESCROW INSTRUCTIONS. I shall wait to hear from you within the allotted contractual time.

Marnie c.
Oxnard, California
U.S.A.

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