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TEXAS STOP LITTLE HOUSE ON THE PRAIRIE STOP CARPETBAGGERS STOP IM YOUR HUCKLEBERRY END

2/12/2015

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5TH USCA 14-51224 David McCrae v. PHH Mortgage Company, et al.

Texas STOP Little House on the Prairie STOP Carpetbaggers STOP I’m Your HuckleBerry END

ORAL ARGUMENT - 15 MINUTES

Springtime in New Orleans. [APPELLANT]
Good Morning! [WHOAMI?]


I’m Dave McCrae. I own a little patch of land over in Texas, about 5 acres we split off Clyde’s ranch in 2001, put in our own water and electric, and took up residence. I moved to Texas in 2001 after my employer in Illinois at the time curled up and went bankrupt. I heard about it on the radio one Friday afternoon, and spent the weekend making sure everything was turned off and nothing would explode. I was invited to hang around and see how things worked out, and give our security people some comfort about where all the light switches were, and maybe get paid. It was much different work than I’m used to. I decided I was disinclined, and decided to move to Texas and do whatever people do down there to make a living.

We sold our house in Indiana and bought the Texas place. I burned the Indiana furniture, and bought new in Texas. It was cheaper. Indiana was the second house we bought after we moved from Cleveland, our first home, and where all our kids were born. So we were relatively comfortable taking a mortgage for our third house. We’d already bought and sold two. In 2001 I was 51 years old, so I took out the mortgage for fifteen years. Most people retire about 66, and I’m like most people. We borrowed $72,500 on property valued at $100,000. Life was simple back then, and we paid 6-1/4% interest - 180 payments, no PMI, no balloons. We later found that PHH had held the mortgage for eight days, and securitized it over to FNMA. That’s another story. You’ve heard that one too.

I’ve made my living building steel mills, power plants, foundries, refineries, stadiums, churches, and even running undersea robots hooking up oil wells down in the bottom of the ocean. Actually, that was more fun than work. I continued doing that work after we relocated our residence. I did more traveling to and from client locations. I continued to work until I was 62, when I decided to finish one client project in Mississippi and retire completely, in July 2012. I was healthy, all the kids were grown, and I decided to work on my golf game a little more aggressively. Pretty soon.



I had known this was going to come to pass at some point. I had made quite a bundle of prepayments on my mortgage as circumstances permitted, in varying amounts and on irregular occasions, and by 2012 I had employed this strategy to advantage and reduced my principal from ~$23,000+ to about $7,558, or about 2 years eight months advanced. We had about eleven payments to go. My computer does Excel, and amortization schedules are not that complex. I was sure I was in pretty close agreement with PHH on principal. I called them up in New Jersey on their hot line to get a payoff statement.

Basically, there are millions of people like me in Texas. There are millions of stories like mine. My story to this point is unremarkable.

[WHY ARE WE HERE?]

That brings us to our business here today. We are here to resolve an unusual situation, of some social timeliness, and offering some unique legal issue. I’m from Main Street. My counterparties live on Wall.

PHH and I had our differences and we were obviously never able to work them out staisfactorily. You’ve read through our court records from Western Texas to this point, and our briefs, and I’m sure your mind is spinning with facts and issues. We’ve been at loggerheads since 2012. This is 2015. It’s a ball of confusion. I’m not going to reread everything out loud. I will take questions, and answer what I can.

I’m embarrassed for all of us. We’ve done a terrible job in managing our own communication, and an even worse job in the lower courts sorting things out. Right now, today, since I walked in, I’ve spent more time in the same room with my counterparties discussing this issue than we’ve spent together in the past three years. BTW, there’s something wrong with that, all by itself. There ought to be a law. Maybe something like 2015 RESPA-TILA. That one’s about 1888 pages of law, 59 pages of amendments, 49 pages of interpretations, and 430 pages of public comments.

[RUBIKS CUBE EXERCISE, Facts and Issues, interactive with panel. Solve three modified cubes.]

Simply put, we need a jury. Somehow we skipped over that in Texas. Now we’re here in New Orleans. We need a jury. We NEED a JURY!

[WHY DO WE FIGHT?]

I’ve come here today as a US Citizen, representing our current Attorney General, under the qui tam system. The confused facts and issues in my case are only too representative of the current economic quagmire affecting every property owner in the United States. I would hazard a guess that half of the civil dockets in the US Courts deal with property disputes such as ours today. Subtract drugs, soon 80%. In 1989



they put Charlie Keating in jail; the legislature, Republicans and Democrats, reviewed existing law and passed a Financial Institution Regulation Reform and Enforcement Act to regulate, reform, enforce and eliminate just such future problems. Our central bankers in Chicago wrote scholarly papers on the wonders of self regulation, and proselytized our self correcting economic system to the world. In twenty years, the world was on the brink of economic collapse. We set up a Financial Crisis Inquiry Commission forthwith, and they printed a Blue Ribbon Report. It was scary. We printed more money to fix it. And more money. And more money. There was wailing and gnashing of teeth. There were sound bytes. We got a Brand New President. Some Congresspeople even lost their jobs and were replaced. Bernie Madoff had to go to jail. I think Charlie had passed. Ken Lay was in jail; he was one of the smartest guys in the room. In 2012, the legislature, Republicans and Democrats, passed the Warren Dodd Financial Regulation and Reform Act to regulate and reform this whole industry. It comprised a little less self-regulation, and a little more enforcement. We bailed out all the banks and made them whole, whoever was left. We closed up HOWMANY?. Still, people who lived in houses were just foam on the runway. We set up a Consumer Financial Protection Bureau, starting in 2014. BTW, anyone here today from that group? [LOOK AROUND] No? That’s why I’m here. I’m here today representing enforcement. I have standing in this matter. Eric (Loretta?) is indisposed. We have a Mortgage Fraud Task Force Working Group set up, and they’re tremendously busy. BTW, anyone here today from that group? [LOOK AROUND] No? That’s why I’m here. I have the time and the inclination.

Why are my counterparties here today? [LOOK AROUND] Yes, of course they’re here. They like to be self regulated. They want to stay that way. I think they have another motion for dismissal coming up, as soon as I shut up.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$



[WHO WILL WIN?]

I’m an optimist, only due to personal preference. I expect the United States people will win this case. I think we can improve the business environment, especially in the mortgage servicing business. We’ll need your help.

Send this case back to Texas. Order a US Attorney to get involved. He’s already on the payroll. Prepare and present this case to a jury. The cost and time is insignificant. It’s already allocated. I have the time and the inclination. I’ll join in.

I have one house. I’ve paid for it. I’ve fought for it. My opponents own 2.7% of the houses in America. They foreclose 10,000 houses every 90 days, about 111/day, including weekends. They regulate themselves. The enforcers are having a meeting today, working out a strategy.

We’re having a meeting too. We have a rare opportunity to make a difference. Let’s do it. Yesterday.

[GUEST INTRO]
Is there any other business before the court today?
US SENATORS, OR MINIONS? You’re Invited! Bring your friends!
STATE ATTORNEY GENERALS, OR MINIONS? You’re Invited! Bring your friends! MULTISTATE MORTGAGE COMMITTEE MINIONS? You’re Invited! Bring your friends! SEALED COMPLAINTS* FROM OTHER STATES? You’re solicited! Bring your files!


*NOTE- We will not be able to unseal complaints at this meeting. One, I’m not an attorney. I represent only myself, Pro Hac Vice. I represent USAG, qui tam. I can’t represent other Class members. Nevertheless, one of the issues on appeal here is the possible existence of a Class of Others Like Myself, and their future Charter. I feel strongly that we will discover such a Class after remand to District and assignment of counsel. At that time, our US Attorney will ask for complaints again, we’ll unseal the boxes and get to work. Today...laissez bon temps roulez!

David McCrae, pro se Tranquility Base 350 Cee Run Bertram, TX 78605 01.512.557.0283 WorldWide xstek99@gmail.com www.phhmortgagemustbedestroyed.weebly.com

 




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You may have a criminogenic environment in your neighborhood

2/9/2015

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http://neweconomicperspectives.org/2015/02/oral-testimony-william-k-black.html#more-9070

It's important to note the difference, if any, between the CEO and 'the person(s) who runs the bank.'  Think back to the days of Marie Antoinette.  There was no bread, and the populace (the people who run the town) chopped off her head.  There wasn't suddenly bread the next day.  There was a period of adjustment.  But it was a good start.
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The Best Laid Consent Agreements of Mice and Other Mice

2/4/2015

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It gets pretty ugly when the wheels fall off...like Speed Week down at the beach.

http://www.nakedcapitalism.com/2015/02/tom-adams-ocwens-servicing-meltdown-proves-failure-of-obamas-mortgage-settlements.html#comment-2399747
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    Author




      Dave McCrae moved to Texas after Northwestern Steel in Illinois closed their doors and chained the front gate, seeking sanctuary in Chapter 13.  I still have pension funds being held in my behalf by the Pension Benefit Guaranty Corporation.  I expect the legal fees and expenses to eventually consume them all, if not already.  Meanwhile I've retired, enjoy the sunshine in Central Texas Hill Country, and like to stay active in the community.  I now own Tranquility Base, five acres tucked away back in the cedar breaks up in Texas Hill Country.  I started this site to document the last years of legal wrangling between my old mortgage holder, PHH Mortgage, and myself, and our USAG, and our class, and share information among others in a similar situation who may find some useful knowledge.  We never laid our case before a jury, but we were filed in District Court, Western District of Texas, Cause 1:14-cv-00733-LY, and appealed to 5th USCA #14-51224 in New Orleans, and are now Petitioners before SCOTUS.  I have successfully defended the property against wrongful seizure action, not uncommon in America today, but not without added recoverable expense, on which I hope and pray the jury will look kindly one day in future.  The criminal action adds another dimension, one which we hope will be pursued by the Department of Justice, under new management today by Jeff Sessions.  As First Relator, of more than 28,000 or more other Class Members, I had decided to pursue such action myself as a qui tam action for the USAG and his/her delegated arm since 2014, the CFPB.  My only motivation was the reward of 15-25% of the collection, to a maximum of $1,600,000, and the good feeling inside that comes from a complex task well done.  I am a pro se litigant, and am able to represent myself before any Federal Court, including SCOTUS.  Lis pendens, and we will one day appear.  My draft writ of certorari is within these pages.  My studies under George Gordon School of Law, my further readings in the law, in association with these pages,  have now occupied more than four years, acceptable experience in Tennessee, Vermont or Wyoming, and I hope to credit the time spent toward a future bar exam and achieve legal certification.  Many of these pages are suitable for the MSEE or the MSLPT, leaving only the 80 question multiple choice test and the MPRE.  I typically do well on tests.  I work among both Republicans and Democrats, and am a member of the Association of Certified Fraud Examiners in Austin, Texas.  I proudly support Donald Trump and his campaign to restore normalcy to America.  For service of process, I live at 350 Cee Run, Bertram, Texas 78605.  But you already know that.

    ​UPDATE:  Our litigation phase is now over.  I fought the law, and the law won.  The judges have determined that our claims are implausible. We continue through other avenues, and are now focused on criminal activity, specifically white collar crime.  I am no longer restricted by being a party at law, and am free to assist others in any way desired.  I do not practice law, advocate no particular course of legal action, and accept no fee.  I have founded TenTenSamurai Legal Services as a resource to other home defenders.  Contact Us!  

    UPDATE: I changed my mind.  Donald Trump has just lifted his hand from Lincoln's bible, and we are now under new management.  WE THE PEOPLE!  I have filed our draft Writ of Certiorari before SCOTUS, served and on display within these pages.  CockleLegalBriefs is standing by for final edit.  As of 21 January 2017, we are before SCOTUS.  We represent a USAG yet to be named and confirmed.  Eric Holder is long gone.  Loretta Lynch is FIRED!

    UPDATE:  After careful consideration, SCOTUS has declined extension of time request to consider our writ of certiorari, and destroyed our check for filing fee.  I own my house.  PHH is out of business.  All is well.

    UPDATE:  i was browsing through the financial pages and noticed that PHH has agreed to a draft consent judgment, offering a surety bond of $76M, with Mary Bozzelli collecting her qui tam award of 10%, or $76M.  Mary Bozzelli's case has been proceeding under seal these many years, until today, along with mine which has always proceeded in the public view. I forthwith went down to Austin to visit the FBI field office (USDOJ) and report their error, and sent notice to the court that they were going down a bunny trail leading nowhere.  The proposed settlement and my void notice is on Mary's Page on this site, and all parties have been serviced.  I'm sure  I'll take a seat at the table, and we'll reach a fair accommodation soon.  SCOTUS has last year clarified that 'sealing a case' has always been an option for the plaintiff, as such custom is solely for his benefit.  I was offered that accommodation years ago, but as Texas is an open carry state, I saw no real need.  Sunshine is still the best disinfectant.

    UPDATE:  While I was persecuting this lawsuit, PHH was negotiating with Eric Holder, Loretta Lynch, and Jeffrey Sessions. and 49 Attorneys General of Everywhere but Oklahoma, and reached the consent judgment on the bottom of our home page on 3 January 2018.  They have posted $49M for restitution to all parties such as myself, for the error of their operations.  They were unsuccessful in foreclosing on my own house, so I should be expecting $285, in restitution, Real Soon Now.  If they had been successful, I would be living on the beach in Polynesia, eating fresh lobster from the bay, and I would be receiving $700.  If they could find me.  If they don't go bankrupt tomorrow.

    UPDATE:  Just received $631, CLASS proceeds from a force-placed insurance claim in process since 1997.  I've already invested it in Chinese furniture.  Still expecting two other CLASS awards to mature, or PHH to seek shelter in liquidation.

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