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Loose Change

12/31/2013

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Before his electrocution, Willie Sutton was asked in an interview  “Why do you rob banks, Willie?”  He responded  ”Because that’s where the money is.”

Yes, if you are America’s Most Wanted small time hood and you need money for dinner and some ammo, go to the bank and get some.  But what if you’re a bank?  Where do you go?  If you could get your bank in a small room and ask “Why did you steal my Grandma’s house that she lived in for twenty three years and I used to go swing in the backyard?”  What would they say?   Because she had one.

Would you stoop down to pick up a penny off the sidewalk?  When you vacuum out your car do you pick up the little pennies, nickels, and quarters down between the seats?  Do you keep all your pennies in a little jar by your cupboard?  Do you really need all those 386 pennies you have securely stored away?  Do you look at your penny jar every morning and try to figure out where else you can look to get some more pennies?  When you pick up a penny off the sidewalk, do you look around and ask, “Hey, did someone drop a penny?  I have it!”

If you have $59Tn in assets and 1,100,000 mortgages and are processing so many payments per day you need a computer to keep track of the money, and one payment comes up missing that day and you only have 1,099,999 payments to process that day, what would you do?  Ask the government for some money to make up for your cash flow problem?

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Alternative Dispute Resolution Meeting

12/25/2013

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Meeting was called to order 0900 24 December 2013 at 350 Cee Run location.

Present:  David and Barbara Mccrae, Plaintiffs

Absent:  All Defendants
USAA FSB
PHH Mortgage Services
BBDFTE and whoever else

No communication concerning reasons for absence or delay noted.

All absent Defendants were sanctioned and fined 100 Bitcoins, payable to David McCrae.

Litigation will proceed accordingly in District Court.
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BBDFTE Notes

12/23/2013

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http://www.nytimes.com/2008/03/30/business/30mills.html?pagewanted=all&_r=0http://www.msfraud.org/law/lounge/Barrett_Burke%20sanctions.pdf
http://www.bankruptcycanhelp.com/published-articles/2008-04-S-Mortgagee-Abuse.php
http://www.ourlemon.com/docs/Planning-and-Deception.pdf
https://www.mersinc.org/component/docman/doc_download/170-tx-bridges-v-jp-morgan-chase-bank?Itemid=
https://www.casetext.com/case/thomas-v-barrett-daffin-frappier-turner-engel-llp/
http://livinglies.wordpress.com/foreclosure-defense-forms/causes-of-action-against-all-or-any-defendants/
http://ralphdeeds.hubpages.com/hub/Mortgage-Lender-and-Servicer-Vultures-Are-Cheating-Borrowers-in-Foreclosures
http://www.cjr.org/the_audit/mojo_muckrakes_the_foreclosure.php
http://www.golantlaw.com/docs/MotherJones-AndyKroll.pdf
http://www.postjobfree.com/resume/s81tt4/mortgage-insurance-sales-life-irving-tx-75063
(If the money wasn't so good I would have quit)
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Ramblings

12/21/2013

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I'm going to have to admit - I did set this site up to change the world.  And I'm pretty pleased, the world today is somewhat different from yesterday.  I read a letter from one of my friends who was upset by some sort of derogatory mail (s)he had received due to some comment out there in the ether.  I get those same comments every day.  One person wants me to go back to bible school in kansas and get deprogrammed from all my rightwing nutjob bs.  I just don;t have the time.  I'm retired now, but I used to work for one of those big box stores that sells hardware and construction material, I think Jimmy Johnson drives their NASCAR.  (Now I work for Mark Miller's outfit).  I might talk to 100 clients in the course of a day.  You meet all kinds.  At one end of the spectrum, some of the people were quite insulting and radiated negative energy from all points.  At the other end of the spectrum, occasionally people were hugely appreciative of the help and radiated warmth.  This is how people are.  I'm the same way, all the time.  I decide to deal with it by minimizing my time spent with the negative distractors, beyond the bare minimum service time required, and maximize my time spent with happy people.  It's my choice to make.  I do the same thing with e-mail.  I look at the header line on gmail before I open it, and most of the time, I just delete it.  I do have some friends in Nigeria, I don't delete all of y'all.  And then I have time available to spend on the enjoyable situations where I feel I can offer something of value, or get something I need.  I have some new capacitors coming pretty soon for one of our tvs that is blinking.  Everything takes time.  Life is short.  Don't waste a minute.
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Simon Says: Take One Giant Step Forward

12/21/2013

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Excerpted from Page One of the precedent setting industry pattern consent agreement on 19 December between OCWEN Mortgage servicer and EVERY State Attorney General 

The provisions outlined below are intended to apply to loans secured by owner-occupied
properties that serve as the primary residence of the borrower unless otherwise noted
herein.
I. FORECLOSURE AND BANKRUPTCY INFORMATION AND DOCUMENTATION.
Unless otherwise specified, these provisions shall apply to bankruptcy and
foreclosures in all jurisdictions regardless of whether the jurisdiction has a
judicial, non-judicial or quasi-judicial process for foreclosures and regardless of
whether a statement is submitted during the foreclosure or bankruptcy process in
the form of an affidavit, sworn statement or declarations under penalty of perjury
(to the extent stated to be based on personal knowledge) (“Declaration”).
A. Standards for Documents Used in Foreclosure and Bankruptcy
Proceedings.
1. Servicer shall ensure that factual assertions made in pleadings
(complaint, counterclaim, cross-claim, answer or similar
pleadings), bankruptcy proofs of claim (including any facts
provided by Servicer or based on information provided by the
Servicer that are included in any attachment and submitted to
establish the truth of such facts) (“POC”), Declarations, affidavits,
and sworn statements filed by or on behalf of Servicer in judicial
foreclosures or bankruptcy proceedings and notices of default,
notices of sale and similar notices submitted by or on behalf of
Servicer in non-judicial foreclosures are accurate and complete and
are supported by competent and reliable evidence. Before a loan is
referred to non-judicial foreclosure, Servicer shall ensure that it has
reviewed competent and reliable evidence to substantiate the
borrower’s default and the right to foreclose, including the
borrower’s loan status and loan information.  (272pp follow)

-------------------------------------------------
It's not just a good idea.  It's the law.  

$2.1Bn should make a good start.  Every little bit helps.
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Imagine

12/20/2013

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Imagine if 49 State Attorney Generals got into court one day with the biggest mortgage servicer in the world and all their minions, laid out the entire catalog of skullduggerous behavior involved in four years (1 January 2009 - 31 December 2012( limited by statute of limitations)) of unlawful and fraudulent property theft from downtown Detroit to bayside Boca Grande, spent 15 minutes in prelitigation conference, and came away with a 273 page consent judgment and an agreement to provide $2.1 Billion in restitution, and go and sin no more.  That happened yesterday, 19 December 2014.  The agreement between OCWEN and all the AG's has earned a posting on our Exhibit H page, Other Viewpoints.  I'm still planning to meet up with PHH and all their minions on 24 December here on the back deck to make one final attempt at our Alternate Dispute Resolution meeting before we enter the litigation stage in 2014.  I view the OCWEN consent decree as a much needed pattern setting agreement for the industry.  I'll make sure everyone has a bound copy so we can go through it paragraph by paragraph with our red pens and see if we can make it better.  Restitution of four years of life is unfortunately not possible.  It can be valued, and I think $56 Trillion can go a long way toward improving quality of life of affected parties.
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Let's Get Our Priorities in Order

12/19/2013

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I decided to go down to Burnet County and talk with the Grand Jury about an ongoing criminal enterprise in the neighborhood.  One of the prosecutors intercepted me and we were able to meet briefly in the hall outside the Grand Jury room, so we wouldn't disturb their work.  We looked through my draft dispositive motion and hit on the high points, which I admit is a lot of information to absorb in five minutes.  In view of the generally clouded situation over exactly which l was were being violated and who all was doing the violations, we decided to put off any immediate action until the situation became a little more clarified, so I'm continuing to work on the clarification.  The prosecutors are still trying to keep abreast of the serious neighborhood crimes.
I went back to the library and downloaded Donna Klaeger's docket (posted over in Exhibit H).  We did have the one lady who shot her husband dead back around July or so, but I believe she's all secure now and we're back to the current issues.  Apparently three kids were arrested for possessing marijuana <2oz, although one arrest was in a Drug Free Zone.  I guess it's a little more serious problem in those particular zones, and merits special enforcement.  Another person was driving w/o license; this was the 4th continuance so I suppose the issues were a little more complex.  One person was shoplifting >50<500, but he appeared to be part of an organized crime network.  No word on the rest of the network, but they may still be out there.  That one is hard to understand as there is so much more stuff over in Williamson County, but people have their own viewpoints. Then there was the lady who was scheduled for 6 appearances, one for each check <500.  Her attorney at least was probably wary enough to require cash payment.
So my little problem of a multi-million dollar outfit from New Jersey and a crew of flim-flam men from Dallas, stealing property indiscriminately throughout the neighborhood, was hard to imagine devoting scarce prosecution and enforcement resources to.  I've been advised, about 10 times out of ten, "Why don't you just pay the money?"  It's like these people are all in cahoots or something. I think that if my resources were scarce, and we had this much demand I might call over to Colorado and talk to the sheriff there and tell him I'm renditioning three kids over there, with their drugs, so I could free up some resources over here.  Then I'd have at least three dockets opened up, and one of my assistant prosecutors would have a little more free time.
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Newsletter from the DOJ

12/12/2013

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I've been wondering about the best choice of venue if we eventually go to litigation.  There are a lot of things to consider, not least the location of the crime, but also the convenience of the necessary resources to both the defense and prosecution, the convenience of depositors, access to airports (though most of us have Skype now at least in some form, the familiarity and experience of the prosecutors...
I ran across this newsletter at the DOJ reading room http://www.justice.gov/usao/eousa/foia_reading_room/usab5803.pdf with an interesting article by the Honorable Benjamin Wagner over in California East.  I sure wish we could get venue over there.
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Christmas in December!

12/10/2013

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I'd like to thank all my readers who have combined to make my site into the #1 ranked Google search return when inquiring on Barrett Burke Daffin Frappier Turner and Engel, LLP.  It's just awesome.  Wherever this train is bound, I'm enjoying the journey, and I'm looking forward to a productive and beneficial result to our effort.  To express my appreciation, to the eleventh respondent (after 0614 CST 12/10/2013), I'm giving away a Kindle version of Alan Dershowitz' Taking the Stand  http://www.amazon.com/Taking-Stand-My-Life-Law-ebook/dp/B00CGI3DW6/ref=sr_1_1?s=books&ie=UTF8&qid=1386677320&sr=1-1&keywords=alan+dershowitz  Send in your entry today!  My review is posted on Amazon's site; it's worth the money.
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He's Not Heavy, He's My Brother

12/8/2013

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Today, I have to yield some of my time to Jon Stewart, for a brief overview of the issues here.

http://www.ritholtz.com/blog/2013/12/heavy-settle-cost-of-doing-business/?utm_source=The+Big+Picture+Updates&utm_campaign=c99630689a-big_picture_email&utm_medium=email&utm_term=0_662cf1de86-c99630689a-39169125

I hope I can bring Jon in front of my jury at some point, for more than a three minute examination.http://www.ritholtz.com/blog/2013/12/heavy-settle-cost-of-doing-business/?utm_source=The+Big+Picture+Updates&utm_campaign=c99630689a-big_picture_email&utm_medium=email&utm_term=0_662cf1de86-c99630689a-39169125
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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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