I would like to retrieve my costs of wrongful foreclosure after successful defense of my house through Chapter 13 bankruptcy procedure, and I would like to recover escrow funds still held by PHH. I am intending to pursue qui tam action on your behalf to recover these funds of mine, and possibly others.
I've never been able to successfully communicate with PHH, and am unsure of the quality of communication with my Federal Trustee here in Texas. After I filed my complaint with your agency, I received a response that they would have a response by 21 May, 2014. I received that response today 3 June 2014. The response is to the situation of Christopher McCrae in Springfield MA. I am David McCrae in Bertram, TX. Christopher and I share nothing but a last name, possibly some genetic material, but have never communicated with each other. I am unaware of Christopher's situation, and he is unaware of mine. Please ask PHH to revisit the issue. I will also repeat my request to their registered agent in Texas, their Vice president in New Jersey, and my federal trustee here in Texas. I do not view the issue as resolved as yet.
- Thank You, Dave McCrae / Case 140506-000027
Response 2 – The Nonresponsive issue
350 Cee Run
Bertram Texas 78605-4062
20 July 2014
Consumer Response Team
Consumer Finance Protection Bureau
PO Box 4503
Iowa City, IA 52244
Cc: Senator John Cornyn
517 Hart Senate Office Building
Washington, DC 20510
Liaison, Office of the President
2001 Bishop’s Gate Blvd.
Mount Laurel, NJ 08054
PHH Mortgage Company LLC
211 East 7th Street
Austin, TX 78701
Re: CFPB Case 140506-000027 / Case 140506-000030 [same case]
Dear Consumer Response Team,
I’ve just received your update of 15 July 2014 regarding the response to my complaint filed against PHH Mortgage. To clarify a bit, I initially filed a complaint, #140506-00027, with your agency, and a courtesy copy to my Senators and Representative, and the company itself. You opened a file. Time passed. My Senator from Texas, John Cornyn, reviewed the material I sent and decided to join the inquiry and sent my complaint to you, along with his inquiry. You opened another file, #140506-000030, and quickly noticed the claim appeared to be a duplicate of the same circumstance. That is correct, #140506-000027 is identical to complaint #140506-00030. We will now call the complaint #140506-00030.
Meanwhile, PHH responded to complaint #140506-00027 with a raft of information concerning their dealing with Christopher McCrae in Massachusetts, no relation to me. I sent feedback that they obviously had mistaken my identity, and they should recheck their data. PHH eventually responded to #140626-00030 on 3 July, 2014 with a package of data, UPS Letter #1ZR1698V0192401930. This package is nonresponsive to my complaint. I would like to request a more complete investigation. I may decide to litigate the issues involved. I may be bringing a qui tam action in your behalf.
The simple facts are: I took out a 15 year mortgage with PHH Mortgage in November of 2001, and during the life of the loan made significant excess payments as funds became available, and paid down the principal amount by October of 2012 to $7,558, as compared to a contractual commitment of @20,208. In order to confirm my accounting estimate, I asked PHH for a payoff amount in November, planning to pay off entire debt with an expected income tax refund. I never received a payoff statement. My tax refund went to lawyers and trustees.
I suppose that in accord with the economic feeding frenzy of the day, PHH entered dual tracking mode immediately with the intention of seizing my house for public sale. In Texas, we have a ‘rocket-docket,’ where if one is merely able to suggest a debt, real estate may be seized and offered for sale without judicial review. It was at this point that PHH first entered violation of the Financial Institution Reform, Recovery, and Enforcement Act of 2012, which was passed specifically to address the widespread financial panic of the times and restore a perishing economy to some semblance of reality. The Act is admittedly dense reading, but then again a professionally managed mortgage servicing organization such as PHH is naturally considered to be knowledgeable of the current rules. PHH at the time managed several million mortgages, both for themselves and for others, mine was mortgage #16371056. Without any examination of circumstance or serious consideration of consequence, they took the adventurous exploit of launching a wrongful foreclosure action, hoping to gain another piece of lender owned real estate paid for by the federal government. This is the fashion of the day. Since they only have a registered agent in Texas at a mail drop in Austin and maintain no Texas offices, at this point they hired Barrett, Burke, Daffin, Frappier, Turner and White, LLC to notify me and conduct the sale. BBDFTE, using their patented robotic process of seizure and sale, started the foreclosure mill operating. This is what they do, and they are quite successful in Texas and California, seizing houses in a median of 27 days. I am one counterparty of thousands. Now and then they are sanctioned; they pay the occasional fines and continue. It is their normal business practice. They may have a professional duty and obligation to counsel their clients concerning legal requirements in Texas, but they show no evidence that behavior, or of ever refusing a fat fee. $9, $27, $384…they all add up. Life is good in Dallas.
None of these agents ever communicated with me personally as this process was set in motion, and they refused communication with my own counsel, Anne Little initially and then Ray Fisher. As I had no timely effective option, Ray Fisher managed my bankruptcy claim in March 2013, Friday before sale day. I turned all my assets over to my Federal trustee, Deborah Langehennig to administer equitably among my creditors. BBDFTE, acting for PHH eventually filed a fraudulent Proof of Claim, including the agreed value of $7,558 principal, and adding $2,000 in various undefined and unsupported fees for no clear actions, and no named actors. On advice of counsel, and as administered by my Trustee, I paid all claims. I discharged the bankruptcy in November of 2013, received clear title to this real estate in March of 2014 (the initial mortgage matured in October of 2016), and began action to recover my legal expenses incurred in the process of defending the initial wrongful claim. I have achieved my goal of clearing title to the house where I now live, and paid all debt, real or imagined. PHH also holds $1400 in escrow funds against the mortgage, which have never been satisfactorily accounted. I do have the accounting from Christopher McCrae. Maybe I should go ask Wells Fargo in Burnet for the money that PHH currently holds. Maybe Wells Fargo has some escrow funds available.
In response to the Financial Crisis Inquiry Commission, and as directed by FIRREA 2012, your organization came into existence in January of 2013, just to address such abusive behavior as I have been experiencing, and enforce compliance. All of the detail of this short review is laid out in my draft complaint. The unacceptable and clearly illegal behavior of my adversary has been specifically addressed by consent judgments interpreting FIRREA 2012 between all 50 State Attorneys General and Ocwen, Chase, and Citibank. PHH, another major player in the industry, has also practiced, and continues to practice, just such behavior. The Department of Justice has recovered billions from these first three major industry players, with no criminal action yet. We have standing to address unacceptable behavior of PHH, for ourselves and our class, and we will pursue all avenues of collection necessary.
For Truth, Justice, and America,
Files Attached to this Response to PHH Response to CFPB 14056-000027
All of these files are also viewable or downloadable on my site at www.phhmortgagemustbedestroyed.weebly.com
All correspondence and correspondence chains have been delivered as addressed.
I waive all privacy rights to any personal information, and all other information is within the public domain and gathered on site for convenience of organization and archival.
350 Cee Run Chronology.pdf – Most recent draft copy, highly condensed nutshell view of case
MCCRAE Petition for Wrongful Foreclosure DRAFT COPY 070114 – Most recent draft copy of complaint, not filed yet
Gerry Spence Letter.docx – Sample inquiry regarding legal representation
20140226_160254 SpenceLawyers – Another opinion
192716821-Consent-Judgment.pdf - OCWEN
Chase-consent-judgment.pdf – JP Morgan/Chase
Consent judgment - Citibank
ALCOriginalPetitionforWrongfulForeclosure.pdf – A petition
A1412 DOJ Audit 032014.pdf – Inspector General Report, Financial Crimes
Financial-mortgage-fraud-dojgroup.pdf – Request for budget
Phhlastescrow001.pdf – March 12 2014
McCrae escrow statement.pdf – This one belongs to Christopher
Phhnote001.pdf – page 1 of 20
PHHReleaseofLien001.pdf – Recorded in Burnet county
Customer Account Activity Statement 16371056 – Combined statement from PHH records, Chapter 13 Trustee, and defense costs
Notice of 2014 Annual Meeting.pdf – PHH Statement of assets and liabilities
350 Cee Run No Name Listed.pdf – Correspondence with PHH prior to wrongful foreclosure action
QWR 350 Cee Run.pdf – Correspondence with PHH prior to wrongful foreclosure action
PreTrialCommentPeriodOpens – Correspondence with PHH during bankruptcy period
PHH Response 0212001 – A typical nonresponsive response
BankruptcyConfirm001.pdf - Dave McCrae
PHH Proof of Claim001.pdf – Unchallenged by my attorney or trustee
BankruptcyDischarge.pdf – Dave McCrae
Cfpb PHH Response 060314.001.pdf - Apparently PHH has me confused with someone else
2010_april_non-judicial_real_property_foreclosures_legal_consideration.pdf – Handy Guide to Texas Practice
131724294-FHFA-IG-32113.pdf – Inspector General Report re: Mortgage Servicers
Parsley_i_bbwcdf_countrywide_bohm – A remarkably similar precedent in a Texas bankruptcy court
11070020 – A wrongful foreclosure in Texas
Patent BBDFTE with Notes – After Parsley, BBDFTE patented this system
ALCOriginalPetitionforWrongfulDisclosurewFilestamp092710.pdf – Another precedent illustrating BBDFTE habits
PHH Collection.docx – Attempt to collect a debt re: Expense of Defense against Wrongful Foreclosure Action
CFPB 14056-000027. Docx – Initial complaint
CFPB Response 0001.docx – This letter