I am seeking assistance to right a grievous wrong in society, the focus here at my little 5 acre ranch, but the effects you are very likely also seeing from your helicopter cockpit as you survey your Jackson Hole surroundings looking at all the ‘lender-owned real estate’ that has been legally seized from it’s owner, stripped of air conditioners, plumbing fixtures, electric wire, copper pipes, and is being sold at incredible profit, for the process to repeat ad infinitum. We are watching a feeding frenzy of large financials, who no longer even pretend to carry the good purposes of Bedford Falls Savings and Loan so some angel can earn his wings, but act with all the deviousness and scorn for their customers of Mr. Potter, who executes contracts for a few 100ths of a second, earns a fat fee, and passes it to his friends to continue the merrymaking with Other People’s Money.
My story starts simply, as they do all. I was born naked and poor. I went to college for a bit to learn particle physics (circa 1960+, now somewhat quaint), but soon realized I was better compensated in America building bridges, power plants, steel mills, foundries, offshore oil platforms, electric furnaces, coke plants, scrap metal processing plants, undersea robots, stun-lethal fencing..all the things that make America civilized and attract people from other countries to come here like bees to nectar. I did everything. I’ve been everywhere.
I retired in 2001 and moved to Texas, up in the Hill Country. You can see me on Google+. I took out a 15 year mortgage with USAA. USAA immediately sold the mortgage to PHH, earning an immediately agreeable fee. I kept up with consulting work to help other people build their little mills. I retired again about 2012, with a little left to pay on the mortgage. I had been making random prepayments and early payments, and was well ahead of the amortization schedule. I asked PHH for a payoff amount in October 2012.
But wait! There’s more! I would not be writing you about such a pedestrian situation. There are millions just like me. This is where things get strange. While PHH was calculating payoff (my little household computer does it in a jiffy, and amortization tables are just one @function of many), they were also pursuing a dual tracking strategy consisting of 1) shed mortgage to HAMP, earn another fat fee, refinance me for 30 more years of peonage, and hope my kids pay them more when I die; or 2) seize the house, have the government make up whatever physical loss they incurred, and maybe even sell it to another customer and start another high value mortgage. I admit, there are two highly profitable upsides, and the downside of just accepting payment, releasing lien, and going our separate ways. PHH owns or manages approximately $59Trillion in property across 46 states, and about 2,998,000 mortgages (My estimate, based on 10K reports and 2010 USCensus data (there is naturally electronically stored information to confirm). Texas is a ‘rocket docket’ state, where one can assert a debt and seize property with little commotion or delay. In fact, BBDFTE, up in Dallas, builds their practice entirely on just such enterprise, and even has a patented system (2008, details on my website) that produces all the filings, affidavits, etc. and is proud of their ability to seize and sell property in average time of 26 days. There are 63 lawyers working there today, and that is all they do. They’re a one trick pony. Naturally, they get censured occasionally, they pay the sanction and move on. Mary Daffin has a loge up there in Jerry Jones’ stadium, and the party never ends.
I resisted. I hired Anne Little, who eventually told me nothing could be done. I hired Ray Fisher, took an online credit counseling course approved by the Federal Bankruptcy Court, filed Chapter 13, and stopped all action on all my assets and liabilities, so I could live in my house while my Trustee unscrambled the situation. In 2013, under my Trustee’s purview, I completed the plan, paid the remaining $7558 on the mortgage principal, paid another $10,000 in legal fees, some earned, some fraudulent. In 2014, I paid another $7 to satisfy final calculations, and am now awaiting the judge to discharge or dismiss me. He works Tuesdays, mostly. Thus far, it’s still a pedestrian situation and a boring cocktail story…but Wait! There’s more!
I’ve made my living in engineering through the years, so I’ve developed the habit of reading contracts, monitoring delivery and performance, working through disagreements and disputes, and making sure everybody is happy when the mill starts up and starts making steel, or whatever. We’ve got to the end of this contract, I’ve paid all the original commitment, I’ll probably get a clear title Real Soon Now…but I’ve spent about $10,000 through fraud, intimidation and extortion, and I want it back. I’ve been scrupulous in accounting, and have kept the adverse parties fully informed of their potential liabilities, and have even scheduled an Alternative Dispute Resolution meeting (required prior to litigation) here at the house on 24 December 2013 to work out our issues and avoid expensive and protracted litigation. Nobody came.
I’ve come to realize there are a great many people like me, all over Texas. All over everywhere. Since I am a member of a class of people who may be in similar circumstance, I may be able to represent all the other members of my class, here in Texas, who have been damaged by PHH. I shopped my class action suit to all the big litigators. I remember when I wanted to go bankrupt, the e-mail and phone response was overwhelming. Ray eventually earned $4500, plus an additional $450 for an out-of-scope phone call along the way. He doesn’t want to get involved in tilting at windmills. Neither does anyone else. I could probably find somebody to handle my mesothelioma claim pretty quick, from the 800 number on TV between the skiing stuff on the Olympics. I’ve decided to do the wrongful foreclosure suit pro se, as is my right. It seems that in the past year, I’ve accumulated more specialized case knowledge than I care to have, so I may even now be qualified. I’m comfortable with my ability to walk the jury through the complexity of an amortization table. Some of them even have mortgages of their own, and already have an understanding of the minutiae. I’m going to have to limit my interaction with the judge to one question only ‘Where’s the Jury?’
I’ve written an initial (20 pages maximum, double spaced 12 point) plea and posted it on my website, along with all the plaintiff exhibits to be eventually shared with the jury. All information has been properly served to adverse parties. I have a little blog. I have a discovery plan to obtain all the electronically stored information currently in possession of the defendants, which information may support my claims. I’ve waived some of my own privacy, on my website, in order to encourage other members of my class to self identify and join up. As my opponents behavior has both civil and criminal components, I’ve also presented myself to the local FBI office (26 December), disclosed all my evidence to that point, and asked if they are currently running an investigation along the particular defendants or particular circumstances. We had a long and productive meeting. They are used to dealing with confidential informants, and have a good system. They have 60 days (27 February) to respond, or ask me for more time to respond more clearly. If they find some validity, and if I’m the first relator, and if their resources are strained, I may be empowered to investigate and prosecute the case on my own, with costs paid through special investigation account, and eventual award of 15-25% of ultimate collection. I would like to hire you from these funds to manage court procedures, and assist in jury communications. I’ve read all the rules (civil/criminal/bankruptcy/local), but we only have one chance, and I’d like to find some competent counsel. I’m happy and comfortable with acting pro se, and I’m hesitant about surrendering power of attorney to anyone. I don’t want to lose an appeal based on one of these nonsense technicalities. I’m willing to play by the rules. I want to visit these guys in jail in South Carolina on first Mondays, and bring them tea and crumpets, and talk about the old times. I’d appreciate any help. You might even enjoy it.
But Wait! There’s more. If you’ve read this far, please visit my site at www.phhmortgagemustbedestroyed.weebly.com for more detail than I can possibly add to this letter. If you have any interest at all, I’ll be glad to visit you at some convenient time and walk you through all the information. If you have no personal interest, or time, I’d appreciate your referral of my situation to any other resources of whom you may be aware. It will be time consuming. I have five years of my life pencilled in. I am working to make a difference.