So now we are filed in the District Court here in Western Texas, and everything on this site of import to our case and all our future joint deliberations is now in PACER. It will be Monday when their maintenance outage is complete. Our complaint, here listed in OUR Prayer, frozen in time, no longer the draft issue of the month, assigned to Judge Yeakel, available for view but not edit to any of our counterparties from PHH and their minions, is numbered and preserved. Our counterparties can file their own viewpoints, and we will all be able to lay our various viewpoints before the jury at some point. All of our Exhibits are become Plaintiff Exhibits, such as EXH-P8-interesting viewpoints of what information may need to be available to all customers if you're in the business.pdf. I think it's error free, double spaced, properly noted and indexed, but we'll see. I have a spot for Bank of America Consent Judgment, which they missed last Tuesday due to some issues of clarity, but we are expecting it this Tuesday. I'll add it to this site somewhere in the EXH-P8-file, introduce it to PACER in the proper place, and make sure we all have notations. On Pacer, you will have to pay $0.10/page to read it, it is identical here and presented at no charge. The FCIC report of 2010 is 973 pages; $97.30 on PACER, free here. Google also has it in various places, I got it from them. Here, I have to comment 'I Love Weebly!' At some point, we'll present that to the jury, with all its warts, and we'll all find out what we really need to know. I might have a chain of correspondence in EXH-P9-xxxx, being my own communication of the moment, and now my counterparties will have the opportunity to present their viewpoint, their own communication of the moment, their own internal deliberations and decisions, and the jury will be able to clearly understand the issues and give us some guidance by the time we get to the end. So PACER now becomes our guide. I intend to maintain this network of files and such, for things that just don't seem to fit, but unless it's on PACER, with a EXH-Px-prefix, you should take no legal note. But if you see something you like, by all means take it. If you feel something is missing, send me a link! My computers read any format. Thanks in advance,
My regular readers have come to realize that this little site has become somewhat of a hodgepodge of mortgage servicing information and all the pitfalls I've noted along the way. I've tried since the beginning to keep it somewhat organized along the lines of focusing on the larger economic and legal issues, examined through the lens of my own real life experience. Our Prayer has been a draft complaint, for filing some time, somewhere, and all the Exhibits kind of organized in big file cabinets kind of like my own subdirectories on my own hard drive, on the iPad, on the iMac, on the Time Machine, on Google drive, in DropBox, and in all the little places we can put things so we can find them later on. And naturally GMail, our virus free refuge in the Cloud that will be forevermore a secure repository of all things eternal.
So now we are filed in the District Court here in Western Texas, and everything on this site of import to our case and all our future joint deliberations is now in PACER. It will be Monday when their maintenance outage is complete. Our complaint, here listed in OUR Prayer, frozen in time, no longer the draft issue of the month, assigned to Judge Yeakel, available for view but not edit to any of our counterparties from PHH and their minions, is numbered and preserved. Our counterparties can file their own viewpoints, and we will all be able to lay our various viewpoints before the jury at some point. All of our Exhibits are become Plaintiff Exhibits, such as EXH-P8-interesting viewpoints of what information may need to be available to all customers if you're in the business.pdf. I think it's error free, double spaced, properly noted and indexed, but we'll see. I have a spot for Bank of America Consent Judgment, which they missed last Tuesday due to some issues of clarity, but we are expecting it this Tuesday. I'll add it to this site somewhere in the EXH-P8-file, introduce it to PACER in the proper place, and make sure we all have notations. On Pacer, you will have to pay $0.10/page to read it, it is identical here and presented at no charge. The FCIC report of 2010 is 973 pages; $97.30 on PACER, free here. Google also has it in various places, I got it from them. Here, I have to comment 'I Love Weebly!' At some point, we'll present that to the jury, with all its warts, and we'll all find out what we really need to know. I might have a chain of correspondence in EXH-P9-xxxx, being my own communication of the moment, and now my counterparties will have the opportunity to present their viewpoint, their own communication of the moment, their own internal deliberations and decisions, and the jury will be able to clearly understand the issues and give us some guidance by the time we get to the end. So PACER now becomes our guide. I intend to maintain this network of files and such, for things that just don't seem to fit, but unless it's on PACER, with a EXH-Px-prefix, you should take no legal note. But if you see something you like, by all means take it. If you feel something is missing, send me a link! My computers read any format. Thanks in advance,
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...but occasionally some are left behind.
350 Cee Run Bertram, TX 78605 8 August 2014 S David Smith McGlinchy Stafford, PLLC 1001 McKinney St. Suite 1500 Houston, Texas 77002 713.520.1900 Cc: Nathan T. Anderson McGlinchy Stafford, PLLC 2711 North Haskell Ave., Suite 2750, LB25 Dallas, Texas 75204 214.445.2445 Marci Porrata Liaison, Office of the President PHH Mortgage 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 800.449.8767 Registered Agent PHH Mortgage Company LLC 211 East 7th Street Austin, TX 78701 Burnet County District Clerk Courthouse Annex North 1701 Polk St. Suite 90 Burnet, Texas 78611 Re: Cause #41159, David McCrae et. al. v. PHH Mortgage In the 424th Judicial District, Burnet County, Texas Mr. Smith, I received today your Original Answer and Affirmative Defense of this Cause I filed on 21 February 2013. I had heard from Miss Cindy (telecom 2/22/2013) the next day that this cause was improperly presented and lacked a page for the Judge to sign and make a dispositive motion, and would therefore not be accepted by the Court. I naturally put the case out of my mind. This case was never called, never argued, and never satisfactorily resolved. In fact, after I went bankrupt later on, I went back to the Court and asked for my filing fee to be returned, but I was told it was not available. Since my house was at that time scheduled for Public Sale on the First Tuesday of March, in 2013, I was forced to choose another more timely and effective path of resolution to protect myself and filed for Federal bankruptcy protection under Chapter 13, #10386, and had my Federal Trustee Ms. Deborah Langehennig unwind my assets and dispose of them among my creditors. The only creditor filing a POC turned out to be PHH, and Deborah was successful in managing an equitable payoff of the mortgage by December 2013. This was about three years before maturity, as some may have noted. I naturally paid some additional costs due to the adventurous attempt at wrongful foreclosure action by PHH, and BBDFTE. I now own the property free and clear, and title is recorded here in Burnet County. I am preparing another cause of action for restitution of damages I’ve sustained during this process. I have come to realize that I may be representative of a Class, and have accordingly made my report as First Relator to the local Department of Justice. They have a Task Force for such issues. My complaint, CFPB 140626-00030, is now before the Consumer Finance Protection Bureau, and PHH has made an initial response to that complaint. This avenue was established by 2012 Dodd Frank FIRREA, and has just come into existence in January of this year, 2014. It seems to be working out. Everyone would prefer to avoid litigation, which we all know is generally time consuming and expensive in itself, before even considering the interests of the parties. As statute of limitations is not of immediate concern, and my property is now secured, that cause is not quite ready to file, but I maintain a preview of issues on my site at www.phhmortgagemustbedestroyed.weebly.com It’s at the open discussion stage now, and comment is welcome from all. Some study might give you a leg up if we eventually become counterparties. I continue to incur costs of collection at one bitcoin per day, and the issues are fairly complex. The jury will no doubt have some challenging work to do. At any rate, I concur with the Notice of Notice of Removal of this cause from the 424th District Court. The timeliness was certainly completely unconscionable, and other than allegation and denial, the evidence and issues have never been argued before a jury. I hope and pray that one day we will be able to meet and resolve the issue. With Warmest Regards, Dave McCrae, pro se www.phhmortgagemustbedestroyed.weebly.com [email protected] 512.557.0283 |
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