Our Love Keeps Slipping Away

3/25/2017

In 2005 PHH Corporation left Cendant and went public in their own right. America was a great place, and billions were just lying about waiting to be scooped up. PHH has lost millions since then. Excuse me, I meant to say hundreds of millions. Billions? Maybe. If so, it has not happened to any key executives. In 2014, I asked the 5th Circuit Court to freeze these assets, and particularly to stop this $200M stock buyback program to key executives, traditionally among the last acts of a dying public corporation, like cleaning out the cash register before you shutter the shop and turn it over to the bankruptcy trustee. They completed the $200M stock repurchase plan in 2016, and their goal now in 2017 is completion of sale of 99% of MSR's or mortgage servicing rights. They are continuing to subservice for three years, for a fee, and to assign 100 employees to help out, if required. Not a wildly attractive offer to those remaining, I'm sure. They never even bought naming rights to a stadium! Would someone please drive a stake through their hearts? Now they're looking for light capital intensive projects to restructure themselves...a hot dog cart franchise across from Lehman Brothers? A countrywide dental cooperative? We shall see.

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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.

Our Love Keeps Slipping Away

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