FOR WESTERN DISTRICT OF TEXAS
UNITED STATES COURTHOUSE
501 WEST FIFTH STREET AUSTIN, TEXAS 78701
___________________________________________________
DAVID MCCRAE, qui tam ⎬
CONSUMER FINANCIAL PROTECTION BUREAU ⎬
v. ⎬
PHH MORTGAGE CORPORATION (dba BURNET ⎬
MORTGAGE SERVICES; ⎬
CENTURY 21 MORTGAGE; COLDWELL BANKER ⎬ CIVIL ACTION NO.
MORTGAGE; DOMAIN DISTINCTIVE PROPERTY ⎬ 1:14-733-LY
FINANCE; ERA MORTGAGE; INSTAMORTGAGE.COM ⎬
MORTGAGE SERVICE CENTER; ⎬
MORTGAGEQUESTIONS.COM; MORTGAGESAVE.COM ⎬
PHH MORTGAGE SERVICES) ⎬
And BARRETT DAFFIN ⎬
FRAPPIER TURNER AND ENGEL, LLP, ⎬
______________________________________________________
§§§ JURY TRIAL DEMANDED §§§
PLAINTIFF’S FINAL WRITTEN OFFER OF SETTLEMENT
In consideration of compliance with these conditions, the plaintiffs offer complete settlement of these issues, including all current or future class actions under current investigation or litigation by others concerning the subject property at 350 Cee Run, Bertram, Texas, 78605. Our two previous offers, having expired with characteristically no response or discussion, at 1 October and at 1 November, are null and void.
Condition I - receipt of $100 cash, in compensation for all tangible and consequential damages related to defense of consumer fraud action brought by defendants on subject property. I’ve fired two lawyers, Ann Little and Ray Fisher, and paid them more than that in fees;
Condition II - The 20m Yacht “LORRAINE,” shipshape, with 1 set new North OEM equivalent sails and rigging, new -0- time engine, drive and prop, reconditioned existing prop, with new radio/navigation package, bottom inspection and appearance allowance, new batteries, new fuel/H2O tanks, title subject to acceptance inspection by owner and shakedown cruise of seven days duration, including additional $10,000,000 USD allowance over and above expense of refit, to cover initial operating and maintenance expense, receipt at current location at Vining Ship Brokers in New Zealand, in compensation for all intangible and immeasurable damages related to defense of consumer fraud action brought by defendants on subject property. This settlement will be forwarded to the three major credit bureaus in America if accepted, for whatever it may be worth;
Condition III - PHH will pay Philip Linza. PHH will donate $10,000,000, cash or check, to Operation Homefront, San Antonio, Texas, for unrestricted use in their various activities. Contact [email protected] to confirm details;
Condition IV - BDFTE will donate $1,000,000, cash or check, to Operation Homefront, San Antonio, Texas, for unrestricted use in their various activities. Contact [email protected] to confirm details;
Condition V - BDFTE will immediately cease use of their patented document processing system, withdraw from all foreclosures in process in Texas, cease all current and future representation for any party in foreclosure or bankruptcy procedures in Texas, and pursue honest work in Texas in future.
Condition V - All parties will waive all legal expense charged to others in this matter, and learn from experience.This offer will remain valid for acceptance by all until a jury is selected and sworn in to commence trial of this matter. This offer will be immediately invalid thereafter.
It is our belief that this offer represents a significant and generous savings opportunity of $50 Million USD or More over a likely jury verdict, and may possibly enable continued operations of PHH as a viable business without recourse to bankruptcy protection. PHH may choose to operate outside Texas in future, in the other 49 states, and we believe that may be a wise decision. Although the money is only a small disgorgement of nefarious earnings in the case of BDFTE, we think the amount would serve as a significant sanction of their past activities promoting chaos and disorder, and may motivate this little partnership to Come to Jesus, and pursue a new chapter of profitable and productive service to our community here in Texas.
As I am certain that acceptance of this offer exceeds your negotiating authority, I will require a signed letter of acceptance from the Chief Executive Officer of PHH and a senior partner of BDFTE whose name is currently on the masthead.
For Truth, Justice, and America,
Date: 31 October 2014 Signature: /s/ David McCrae, Pro se
350 Cee Run/Bertram, Texas 78605
512.557.0283 / [email protected]
SERVICE
I have served this WRITTEN OFFER OF SETTLEMENT
To
McGlenchey Stafford, PLLC
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Barrett, Daffin, Frappier, Turner and Engel
[email protected]
[email protected]
By e-mail
Sworn to on 10/31/2014 by /s/David McCrae, Pro se
350 Cee Run / Bertram Texas 78605
[email protected]
512.667.0283