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Knocking on Heaven's Door

3/17/2015

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5TH USCA 14-51224 - REPLY TO APPELLEE BRIEF



I have asked this case to be remanded to District Court for proper trial of facts and issues before a jury.  The appellee’s continue their strategy of delay and obfuscation, and refuse to address the issues of this case.  This strategy is commonly employed by litigants of such vast resources, and is commonly successful.  I continue to stand in opposition.  I have only my small computer.


At the beginning of this case, I believed I was a member of a large class of plaintiffs such as myself, who were victims of PHH policy of foreclosures for fun and profit.  The securitization of mortgages, along with inflation of property values to junk bond status, has successfully increased cash flow in this stodgy business of home loans and mortgage servicing to wuthering heights, and the new federal policies of keeping financials whole in face of occasional necessary foreclosure protect all investor parties from downside risk.  The typical loss in times past of 40% of property value on foreclosure is now totally reimbursed to the institution, by the taxpayer, for the public good, and there is no incentive to preserve property value through negotiation with owners.  

Neighborhoods are consequently blighted with foreclosure signs on houses serving as impromptu homeless shelters and stripped at night for copper and plumbing fixtures.  The citizens who used to live in the houses, mow the lawn, pay taxes, go to school, buy groceries, visit doctors, fix their cars (or buy new cars) are now just foam on the runway.  It is my contention that lucrative financial rewards have led to systematic abuse of individuals, and unjust enrichment of (un)regulated financial institutions such as PHH.  I only have standing in the matter of PHH, and am only able in this case to represent my own interest.  This panel has regulatory authority and responsibility today over that institution.

While this case has proceeded to this lofty level of review, PHH has indeed been experiencing stress from the regulatory environment.  In their SEC 10-K report of 2014 (attached), pp. 108-110, disclosed publicly on 27 February 2015, they have declared their intention to enter into a consent agreement with the DOJ, CFPB, and MMC, to address and remedy just such behaviors as I have claimed.  That information is now in the public domain.  They have apparently reserved $50M in fees and fines to address such impairment to their future operating expenses.  Such an amount appears ludicrously inadequate.

I laud the efforts of the regulators, and laud the apparent Return-to-Jesus commitment of PHH.  I think the pattern consent agreements signed to date with such institutions as Ocwen, Chase, JP Morgan, Bank of America, Citigroup, Wells Fargo, Ally, Greenstreet, and whoever else may be in progress, represent encouraging steps in the right direction.  I look forward with great interest to the forthcoming consent agreement with PHH presently being inked.

Without any specific knowledge, as I am neither party nor signatory to such agreement as is currently in progress with the DOJ, I’m not sure how this future agreement will affect my situation, and I have no confidence that it will  safeguard my interest.  I would still like to present this case to a jury, in accord with my original intent.  The government regulators apparently have compiled an impressive amount of irregular behavior in their discovery, and I would like to present that information to a jury.  I expect to acquire counsel and certify a large class of individuals such as myself.

In other matters, in the same SEC report, PHH discloses Stock Repurchase Agreements of $450M, far exceeding reported EBIT.  As this stock is primarily held internally by corporate officers, I would like to advocate an immediate freeze on all Stock Repurchase Agreements, to prevent looting of assets by corporate officers, until this matter is properly remanded and adjudicated.  My initial motion to the lower court on remand will also advocate an immediate moratorium on all foreclosures in progress by PHH and their agents.


For Truth, Justice, and America,

 
DATE 17 March 2015 /s/David McCrae, pro se


DAVID MCCRAE , PRO SE

350 CEE RUN

BERTRAM, TEXAS 78605

512.557.0283

XSTEK99@GMAIL.COM

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THANK YOU ERIC HOLDER!

3/5/2015

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March 5, 2015

Eric Holder

US Attorney General

US Department of Justice

950 Pennsylvania Blvd.

Washington, DC 20530-0001




cc:

Nathan Anderson, Lead Counsel

McGlinchey-Stafford, PLLC

2711 North Haskell Avenue Suite 2750, LB25

9Dallas, Texas 75204




Duty Agent, FBI Austin, Texas by hand delivery




Dear Mr. Holder,

A couple years ago, PHH Mortgage and their Texas minions, BBDFTE, posted my house for sale here in Burnet County on the bulletin board.  The action was totally without merit and I successfully blocked the sale.  I still live here, the county has recorded a clear title in my name, and taxes are current.  It was a struggle.  I was in the position of millions of Americans, just foam on the runway in the midst of the biggest domestic economic disaster of our time, so far.

As you are aware, your duties as USAG under FIRREA 1989 encompass regulation of this industry, both civil and criminal, when they get into a feeding frenzy such as we have experienced.  I took my particular information to your FBI offices here in Austin on 26 December 2013, and reported the miscreants.  I was offered and waived confidentiality, feeling as secure as any American citizen in Texas.  We discussed the case at length with the duty agent, who was very professional and aware of the larger issues, and I believe you have the surveillance video.

In the absence of apparent prosecution, and knowing you had other more pressing business, and after a lapse of 90 days,  I undertook prosecution myself and filed our amended claim in Texas Western District Court, Case #1-14-cv-00073, on 11 August 2014.  I hand delivered the filing to your office here in Austin, again interviewed with the duty agent, and received cryptic response.  Your agent appeared unaware of any investigation or enforcement action in progress.

In the absence of intervention by a US Attorney, i pursued prosecution of the case, qui tam yourself, and acting pro se.  I continue to seek qualified and competent counsel, and continue to unearth conflicts of interest or other problems among the civil resources.  I continue to act pro se to the best of my ability.  That case was dismissed at District, without investigation, discovery, or presentation to a jury.  I am currently managing appeal on those issues at 5th USCA in New Orleans, Case 14-51224, and asking for remand to District level for proper trial.  I feel confident that we will someday appear before a jury.

Meanwhile, I have read through PHH’s 10-K SEC filing posted 27 February and I see they note under existing matters on page 108 a possible legal impairment due to their current negotiations and intent to enter a consent agreement with MMC, CFPB, certain unnamed state Attorneys General, and your own office.  This has been my intent from the outset, to enforce existing national servicing standards.

I hope that my initial report to your office, the Texas AG, all other state AG’’s, all members of the MMC, and all US Senators, and my limited effectiveness with the prosecution effort to date has been helpful to your cause.  Please set aside 25% of your eventual collection to my account.

Go with God, my friend.  Live long and prosper.




David McCrae

xstek99@gmail.com


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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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