October 7, 2008 Tracy, CA

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Fire victims search for rental Print E-mail
Written by Danielle MacMurchy / Tracy Press /   
Thursday, 28 February 2008

 
The family burned out of their Blueberry Court home are staying at a hotel until they find a place to rent.


Image
Press file photo.
Today marks the eighth day Chantha Diep, Oun Phlong and their three children have lived in a hotel room.

A fire gutted the family's Blueberry Court house Feb. 20, likely sparked when embers in the fireplace ignited a nearby futon.

But even if the fire hadn't destroyed what they had called their dream home since 2004, the Dieps would still be temporarily homeless. The family was given an eviction notice and was expected to be out the day of the fire.

The couple saved for nearly a decade to put down about 20 percent of the cost of the home, which was in the mid-$400,000s, Phlong said. They moved to Tracy in search of an affordable home larger than their condo in San Jose. At the time, their third child was on the way.

"We knew Tracy was a nice place and we could get a better home," said Phlong, 42.

Phlong, who is eight months pregnant with her fourth child, said that she and her husband had no warning of the foreclosure eviction. The couple set up their checking account to automatically pay the mortgage each month, and the interest increased without their knowledge, she said.

"I don't know how long we were not paying enough," she said. "We didn't have any idea we'd be evicted."

It wasn't until about seven hours after the family's home burned that Phlong spotted the eviction notice taped to the front door. She said the family always entered the house through the garage door, so she didn't know how long the notice had been there.

Most eviction notices are posted eight days in advance, according to the San Joaquin County Sheriff's Department.

The evening before the fire, Phlong said, she lit the fireplace and fell asleep on a nearby futon alongside her 3-year-old son, Dairan.

Early in the morning, Phlong got up to take the garbage out, and when she went back inside, she smelled smoke coming from the futon mattress, which was starting to smolder. When it burst into flames, she grabbed her three kids and the children’s grandmother and got everyone out of the house.

Fire
The family is staying at a hotel until they find a house to rent. Glenn Moore/Tracy Press
Phlong and the children, Sharon, 13, Samantha, 6, and Dairan, were treated at Sutter Tracy Community Hospital for smoke inhalation. The exact cause of the fire remains under investigation.

Diep, who works as a Mercedes and BMW mechanic in the Bay Area, had left two days earlier for recertification training in Southern California. He found out about both the eviction and the fire when he returned home Feb. 21. Diep was unavailable for comment.

The devastation of the couple's losses mounted this week when Phlong learned that homeowner’s insurance will not replace anything, because the house was the property of Wachovia Bank at the time of the fire.

"We have nothing," she said. "The bank won't even let me go see what's left in the house."

People have collected clothes and toys for the kids, bedding, blankets and books, a television and other household items, with promises of furniture and more donations this weekend, said a neighbor, Shelly Keith.

Phlong set up her laptop computer on a desk in her room at Fairfield Inn this week to scroll through pages of rentals on the Internet.

"I hope we'll be out of here by next week," she said.

At a glance:

• For information about where to drop off donations:

Shelly Keith, 221-0562, or Mischelle Fieisch, 740-9169.
 


The Tracy Press encourages a free and open exchange of ideas and information. We reserve the right but do not assume any obligation to delete comments that do not meet our publishing standards. Report abuse to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

 

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Comments (42)add
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written by huh? , February 28, 2008
you have to be a complete moron not to know your house is being forclosed on. Not buying it.
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written by Jogny , February 28, 2008
I find it funny that someone just wakes up too take the garbage out randomly at 4 AM.


I really have a hard time believing there story.
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written by Not Buying It , February 29, 2008
I agree. The eviction notice is not the first time you hear that you haven't been paying. There would have been plenty of letters and phone calls first. This whole thing still seems fishy to me.
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written by Not buying it either!!! , February 29, 2008
I agree!!!!!
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written by mjoyia , February 29, 2008
I do not know these people so I am not passing judgement but facts are facts. Banks send out notices when your rate is going to adjust. It would also show up on your bank statements if a different amount were being deducted through autopay. You would get notices or calls for late payments. You would get a notice of default.
I also enter my house through the garage but I check the front door now and then for packages and flyers that people leave door to door. Not Buying It is right, this all sounds fishy.
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written by maybenotdumBcommenT , February 29, 2008
I still don't think she would start a fire with her family inside and all her belongings. Wait for the fire investigation report before you all hang her.
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written by sad statistics , February 29, 2008
Saw on tv. Arson of homes being foreclosed upon is up in shocking numbers. Not saying that is what this woman did, but evidently we will be seeing more of that type of thing.
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written by susan baxter , February 29, 2008
I agree that it doesn't seem possible that the notice on the door was the very first notification of default.
Who falls asleep with a fire going in a house with small children?
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written by maybenotdumBcommenT , February 29, 2008
Lots of people fall asleep with a fire going and she was in the front room. Most arsons, the houses have been empty. I agree she got mail notices but I would bet she stopped opening them.
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written by sadreality , February 29, 2008
Putting everything into buying a home- having the market and loan programs crumble from under you and have your home taken (while having a family), is CRUSHING! I'm dealing with it now and no matter what ideas I have to save my home or opportunities that they say are out there- there really are none right now. You feel stuck and hopeless. I am not saying they burned their house- but if so (for arguments-sake), it's saddening to see people struggle and have nothing after all their efforts to make the best for themselves and their family. No one expects to be where they are- no one expects to do what they do. I'm thinking of the kids now... I'm not saying that bad times excuse the crimes that are committed- but it must take pure rock-bottom situations to bring these type of events to happen- at least other people weren't involved or hurt- but to sacrifice ALL your belongings doesn't make sense either. It will be a struggle to get back on their feet with 3 kids.
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written by been there done that , February 29, 2008
There are letters sent out and even if it was automatic withdraw from her bank they would send letters stating that even though that much was paid you still owe the diference. From what the paper says she and her son were on the mattress did she take the child out with her to empty the garbage? Because the child was supposedly sleeping on the futon in the front room the one that caught on fire.

oh and when the sheriff puts the eviction notice on your door they are nice and knock to let you know its being posted. Before the eviction though you are given a 3-day to pay notice its the law. and a court date to plead your case. They can not say you have 8days to get out. Its about a good 90 day process. What happened about 90 days ago?
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written by maybenotdumBcommenT , February 29, 2008
Well she didn't tell her husband and I bet she ignored the rest. Denial. But I still don't think she would start a fire with her family in the house and her valuables left behind. Still should wait and see what the investigation says. The futon was smoldering. This happened in my home by a teenager when I was a teenager and they can smolder for quite a while before they catch on fire. Thank God she did wake up, some may not have made it. Something from the fire could have popped out onto the futon but just speculation.
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written by maybenotdumBcommenT , February 29, 2008
The banks haven't taken care of all these other foreclosed homes. They won't let her in to get whats left. The banks could care less what happens to these foreclosed homes that get broken into and messed up. The yards are a died giveaway that no one is living in them and great for people that want to break into them and steal what they can, yet the banks want the families out of the house.
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written by maybenotdumBcommenT , February 29, 2008
from the recordnet.com

TRACY - Fire Department investigators have determined the origin of a fire that badly damaged a home on Blueberry Court last Wednesday morning, just hours before the occupants were scheduled to be evicted from their foreclosed home.

While the cause of the blaze remains undetermined, Fire Chief Chris Bosch said Tuesday afternoon the fire started in the enclosed area around the fireplace flue. The family had said they had a fire in the fireplace Tuesday evening, and there still were coals glowing early Wednesday morning shortly before the home's smoke alarms sounded about 5 a.m.

The family of six - a husband, his pregnant wife, their children, 3, 8 and 13 years old, and a grandmother, 80 - has been placed in a Tracy hotel while the county Housing Authority looks for permanent housing.
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written by this is great , February 29, 2008
in tracy we own two houses, we decided to sell one since we didnt need it anymore, yet however it wasnt selling and we stopped paying for it because it was nice to have the extra money. let me tell you, once you stop paying for your house, or after a couple times of not paying all of it, the bank definitely lets you know. they send tons and tons and tons of notices, they call you, etc. i do not believe at all that this story is one bit of true. it doesnt sound right at all, before she had made the comment of not knowing how long they werent paying it i thought that it could possibly be true, but she should've never opened her mouth and said that. i think they knew they werent going to have a place, so they set it up, and now they want sympathy from everyone. but they're not getting it from me, sorry.
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written by amy , February 29, 2008
Mortgage and lending company is a racket... they sell the house to you at overinflated price, then the house is sold to the unsuspecting owner... they live in it for a while.. counting on the "equity" to accumulate over the years...when the housing market drops forcing prices to fall low.. the equity disappears and the owners end up paying more than what the house is worth.. like I said... mortgage and lending company is a racket.

United Ministery could help you? They are situated at Holly and Grant intersection... good luck.
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written by Bob , February 29, 2008
I have to agree that you don't reach the day of eviction and finally come across your first notification of past due debt. There's no way they didn't know they were in trouble. Whether they started the fire, we can only offer opinions. Nobody wins in a foreclosure. The homeowner is out of a home, and the bank is not receiving their steady income. They would rather you pay the loan over 30 years than take it away and sell at some discounted price. There's a lot of blame in this sub-prime mess. Loan institutions were making money by selling 'creative' loans to people who they knew were getting in over their heads. The banks have educated and trained employees who know exactly how far they were pushing these deals to make a quick buck. On the other side, consumers were ignoring reality and allowing their dreams to overtake rational thought. It can happen once the marketing guys start blowing their smoke. The only winners are the loan executives who are now walking away, or have been fired, after receiving huge pay checks and severance payouts.
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written by Tracy 98 , February 29, 2008
I don't believe they didn't know they were in foreclosure. A few years back we knew a family that the wife also didn't tell her husband they were losing the house. She ignored the bills, and the court date. The husband found out when they were posting the notice of eviction on the door. You can work out a scheduled time with the bank to get any belongings. It may be only a few hours but they work with you. The only part of this story I believe is they all got out safely.
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written by maybenotdumBcommenT , February 29, 2008
this is great, you just stopped making payments for the extra money, ya that is great. Leave it for the rest of us responsible homeowners to clean the mess up behind you. really great. The Chief stated it looks to have started in the flue. I have another house too but I make the payments.
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written by maybenotdumBcommenT , February 29, 2008
Bob has come closest to the truth and we still don't know if it was an arson, whether she knew about the foreclosure notices or not.
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written by maybedumbquestion , February 29, 2008
It appears they had thier belongs out of the house other than the futon in the family/living room. Is that correct? Question I want to know is what burned in the house. If it was everything they owned it might have been an accident if not well..... Also if she was in bed/futon then just got up to take out the trash and come back how did it get out of hand so quick? Just curious not judging yet.
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written by maybenotdumBcommenT , February 29, 2008
From the story she had a couple bags packed because they were leaving but they weren't out of the house. The house looks bad and the fire started in the flue, just looking at the picture looks like the living room took it bad and I bet there was a lot of smoke damage. I think something could have popped out the the fireplace and flew onto the futon because she said it was smoldering when she came back after taking the garbage out to the curb. Just doesn't sound like I would be concerned about putting my garbage out if I was going to burn my house down. She doesn't get her belongings back because the bank won't let them in the house. What a crock. The banks could care less about the house. I bet it sits like that for months on end all burned looking. And why would she risk her families lives and try to burn it with them in it. Most of these arsons are empty houses.
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written by rla , February 29, 2008
Most of you are so quick to offer such negative opinion/judgement. Again, why would you even suspect that someone would set a fire while it was occupied by their loved ones? What would they get out of doing something so drastic? Someone had mentioned insurance! Think about it... Would you destroy all your possessions and memories for a few thousand dollars homeowners insurance might cover. They have no claim against the house because it is now owned by the bank. You know the old saying - it comes in 3's) Ummm lets review what we already know. 1)lost job, 2)home forclosed 3)All their propery destroyed. Dang, at least have a heart and wait until the investigation is finished before you start passing such damaging judgement upon this family that is probably going through hell... I certainly hope none of you ever have to face the same abuse. smilies/cry.gif
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written by Jogny , February 29, 2008
I wonder how much the bank is going to try and sell the house for!?!?! Guesses anyone?

Being most of tracy knows what happen to the house!
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written by maybenotdumBcommenT , February 29, 2008
Foreclosed home go on the court steps and get auctioned off. There is a minimum but it usually is a lost for the bank.
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written by Jim Lamb , March 01, 2008
Foreclosed homes go on auction for the amount of the loan. If the loan cost more then the house is worth then the bank gets title and can sell it for a loss because no one will bid. These "REO" (Real Estate Owned) properties generally take about 6 month to sell because the borrower has 6 months to reinstate the loan by paying missed payments and fees. It's too risky for the bank to sell right away for fear the owner will make good and require a reversal of the sale. This is why foreclosed properties sit vacant for so long before the bank tries in earnest to sell.
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written by Jim Lamb , March 01, 2008
It used to be that homes in foreclosure would sell on the court step because there was some equity left after the loan was paid off. Now the investors who used to pick up properties at the original auction are not even bothering to. They now how prefer to wait till after the banks repossession to get a better deal. The auctioneer is still showing up, but the buyers aren't. probably going to be a lonely job for a while.
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written by ConcernedParents , March 01, 2008
It is difficult if not impossible to believe that a woman who is 8 months pregnant set her home on fire.
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written by Are you packed or not? , March 01, 2008
This paper reports: "It wasn't until about seven hours after the family's home burned that Phlong spotted the eviction notice taped to the front door." Recordnet reports on February 24: "Phloeun Oun Phlong didn't tell her husband about the eviction notice posted on their Blueberry Court home's front door last week because of foreclosure." Also... "Phlong said she had packed some clothing in anticipation of moving out, but she did not have a specific place to go. She said she planned to get a room at a local hotel." She sure seems to be a story teller to me, has an excuse for everything.
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written by Joe , March 01, 2008
Of course the bank and/or investigators won't let you in your former house. They want to do an inventory of what burned, and then look at your credit card activity to inquire about all the fancy new toys you just bought, but weren't found. Oh, I know, you bought them as gifts. You didn't work out all the details about what it takes to be part of the American dream, but now you'll get first hand experience with the American justice system.
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written by maybenotdumBcommenT , March 02, 2008
'Phloeun Oun Phlong didn't tell her husband about the eviction notice posted on their Blueberry Court home's front door last week because of foreclosure'. This was in the Recordnet but not as a quote, the sentence doesn't make sense to me.

She may think she was sparing her husband the details of the foreclosure but to risk losing her family, I doubt it.

It also doesn't look like a brick fireplace to me. I've noticed these new coverings for a fireplace so is it meant for a fire or is it one of those gas type with fake logs? Does anyone know about this?
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written by dick and a half , March 02, 2008
I am getting foreclosure notices on my house in Westgate. Maybe I could rent in to these folks? My only request is that they torch it BEFORE the bank owns it. That way I could collect the insurance?

Maybe they could go into business
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written by Get over It , March 03, 2008
This incident is over two weeks old. Get over it! If you believe them, wonderful! Give them all your support, love, etc. If you don't believe them, that is fine too. You don't need to give them a thing. But, seriously, give it a rest and move on. Is this affecting any of your lives if they are truthful or lying??
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written by maybenotdumBcommenT , March 03, 2008
Get over It, what do you think these comment pages are for? People want to comment!!!!
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written by Get over It , March 04, 2008
maybenot, I don't recall where I said people should not comment. I said to get over it and move on! How many different ways can you place blame?? It is time to move on. The dead horse has been beaten enough. Whether they did it on purpose or not will have no effect on anyone but them and anyone close to them. Hence, "Get a life, and move on."
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written by giggle7840 , March 04, 2008
I was so shock when I read this news. I feel bad for her because she's pregnant, beside her husband wasn't even around when all this happen. I wonder if her husband was around would this happened? Hmmmm...
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written by maybenotdumBcommenT , March 04, 2008
Get over It, you know you implied it. What you want is for people to get over it, hence stop commenting. I'm not an idiot. Get a life and move on would be good for you to do since this bothers you so much to read.
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written by Get over It , March 04, 2008
Nope, I just notice you always have a comment for everything. Every subject, doesn't matter, you are always there. An expert for everything. Nice life you must have. You always want to have the last word as well, I notice, which is why I said what I said. And lo and behold, it did not take long. Get away from the computer from time to time, you might enjoy life out there!
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written by maybenotdumBcommenT , March 04, 2008
Well Get over It. you seem to have the time to read it so you must be looking at all this as much as I do. I have a life. You don't know me so it is none of your business what I do and you are rude. I'm sure you are one of those that changes your name from time to time and why do you care? Get over it. Get off my back. I have something to say. Besides I know a little bit about this case so shut up.
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written by giggle7840 , March 05, 2008
I agree with MAYBENOTDUMBCOMMENT, GET OVER IT! DON'T YOU PEOPLE HAVE WORK? THIS IS WHY YOU GET LAID OFF! SPENDING TO MUCH TIME ON OTHER PEOPLE BUSINESS BUT FORGOT ABOUT YOUR OWN.
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written by Get a Life , March 06, 2008
Wow, anger management classes must be in order for two people now! If you go back and read my first comment, you will see there was one premise and one premise only, to let it go. Maybe, you don't know me as well, and you have absolutely no idea how involved with that case I am too. But whatever I do has absolutely no bearing on whether they did it on purpose or not. That is no longer the point. Everyone is free to comment, but when you keep repeating the same thing over and over, that is where it is "time to move on." You notice how long no one has now commented on this??? That just shows, it is time to move on. You can berate and/or belittle me, that is fine. We all have our opinions, but you obviously are not gettinbg the big picture. And giggle, get laid off?? Trust me , I have work, and I do it very well and am no where near getting laid off. Job security is a beautiful thing.

So, as I preached before, and now I will practice, I am moving on. So you can say anything and eveything you wish. It will not be viewed, maybe. I know you will have the last word, as always! But it will not be read by me, at least. Have a nice evening! smilies/smiley.gif
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written by maybenotdumBcommenT , March 07, 2008
No one is commenting on it but people are still reading it. I know you think this is over, at least for you but not for the family. You don't practice what you preach because you obviously didn't. I could care less how many comments you put on this page just stick to the story. People like you always want to control everyone on these comment pages. Get over it, Get a Life, you started this and whether I know you is mute. BTW there was no berating or belittling, it is your imagination. If you try to pick a fight on these pages people want to defend themselves. I am defending this family until the facts came in, thats all.
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Last Updated ( Thursday, 28 February 2008 )