To protect a business like that, you need a lot of lawyers.
You would think the mortgage business would be a pretty good business. And actually, it always has been a pretty good business, especially in America, where everyone owns a house. Your clients bring you money, then they send in more money for thirty years. It's an even better business when you go into collateralized debt obligations, and you don't have to wait for thirty years to go by. It's like slaughtering veal cattle...you have fewer clients, but they're oh, so delicious. At the top of the food pyramid on your desk are FEES, the usual customary and reasonable money that you earn instantaneously whenever you slide a pice of paper across your desk with absolutely no risk, and with a good automatic document processing system....the US Treasury can't print money faster.
To protect a business like that, you need a lot of lawyers.
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Tell me again, which one were you?
http://hofj.org/default.asp.pg-Forgery HOFJ is supplying a great service of collecting signatures of the same people all in one place. If any of these people have signed any of your documents, they're probably forgeries. Let's Rock the House! The Big House! April 22 2015
Loretta Lynch US Attorney General US Department of Justice 950 Pennsylvania Blvd. Washington, DC 20530-0001 cc: S D Smith, Lead Counsel McGlinchey-Stafford, PLLC 1001 McKinney St, Ste 1500 Houston, TX 77002 Duty Agent, FBI Austin, Texas by hand delivery Dear Ms. Lynch, A couple years ago, PHH Mortgage and their Texas minions, BBDFTE, posted my house for sale here in Burnet County on the bulletin board. The action was totally without merit and I successfully blocked the sale. I still live here, the county has recorded a clear title in my name, and taxes are current. It was a struggle. I was in the position of millions of Americans, just foam on the runway in the midst of the biggest domestic economic disaster of our time, so far. As you are aware, your duties as USAG under FIRREA 1989 encompass regulation of this industry, both civil and criminal, when they get into a feeding frenzy such as we have experienced. I took my particular information to your FBI offices here in Austin on 26 December 2012, and reported the miscreants. I was offered and waived confidentiality, feeling as secure as any American citizen in Texas. We discussed the case at length with the duty agent, who was very professional and aware of the larger issues, and I believe you have the surveillance video. In the absence of apparent prosecution, and knowing you had other more pressing business, and after a lapse of 90 days, I undertook prosecution myself and filed our amended claim in Texas Western District Court, Case #1-14-cv-00073, on 11 August 2014. I hand delivered the filing to your office here in Austin, again interviewed with the duty agent, and received cryptic response. Your agent appeared unaware of any investigation or enforcement action in progress. In the absence of intervention by a US Attorney, i pursued prosecution of the case, qui tam yourself, and acting pro se. I continue to seek qualified and competent counsel, and continue to unearth conflicts of interest or other problems among the civil resources. I continue to act pro se to the best of my ability. That case was dismissed at District, without investigation, discovery, or presentation to a jury. I am currently managing appeal on those issues at 5th USCA in New Orleans, Case 14-51224, and asking for remand to District level for proper trial. I feel confident that we will someday appear before a jury. Meanwhile, I have read through PHH’s 10-K SEC filing posted 27 February and I see they note under existing matters on page 108 a possible legal impairment due to their current negotiations and intent to enter a consent agreement with MMC, CFPB, certain unnamed state Attorneys General, and your own office. This has been my intent from the outset, to enforce existing national servicing standards. I hope that my initial report to your office, the Texas AG, all other state AG’’s, all members of the MMC, and all US Senators, and my limited effectiveness with the prosecution effort to date has been helpful to your cause. Please set aside 25% of your eventual collection to my account. Go with God, my friend. Live long and prosper. David McCrae [email protected] http://mandelman.ml-implode.com/2015/04/saxon-settles-hamp-class-action-for-4-5-million-a-win-for-homeowners-lol/
When I started this blog there were no consent judgments. Michael Lewis, Matt Taibbi, Jennifer Taub, Ellen Brown, Bill Black, George Gordon, Richard Bowen, Dylan Ratigan, Joe Nocera, Elizabeth Warren... we just smelled something funny going on. I was a still small voice. Then the consent judgments started rolling in...one by one. They all start out with ‘After years of investigation, examination of thousands of documents and hearing thousands of hours of testimony from thousands of people, and in order to resolve complex facts and issues, we are appearing here today to [give the state a lot of money] and [not go to jail]...I only have standing with one miscreant, PHH, so I have limited this site to my own experience with one raggedy outlaw outfit. People keep asking me ‘What about ???’ I really don’t have any personal experience; I’m not an attorney; I can only appear on my own behalf. As an individual, I suppose one should check first with his local Department of Justice and see if his case is already resolved with ??? and he has a check waiting. Your local FBI office is open 24-7, just ask for ‘White Collar Crime.’ If your case is not resolved to your satisfaction, one could then request those thousands of documents and thousands of hours of depositions to see if the US Attorney has already turned over your rock. Ask for electronic files and save yourself the ten cents per page charge. Bring a big [USB] stick. If you can [cut and paste] or do [global search and replace] a lot of your work may already be done. Share this information with your jury. Sometimes you can scratch by consulting.
http://www.vanityfair.com/news/2015/03/wall-street-executives-2008-jamie-dimon-cancer Expert Witness may be a pretty good gig too. http://www.nakedcapitalism.com/2015/04/bill-black-hsbc-violates-sweetheart-deal-loretta-lynch-praises.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+NakedCapitalism+%28naked+capitalism%29
There can be no more incriminating indictment of the Nation’s leading federal prosecutors than the fact that even the sycophantic DealBook admits that on Holder and Lynch’s watch a “pattern” of recurrent frauds by our most elite CEOs has emerged – and those frauds commonly involve profiting from the banks aiding the funding of mass murderers. The administration has managed to turn into reality all those bad novels they sell in airport book stores that describe networks of criminal elite bankers financing terrorists, drug gangs, and venal and brutal kleptocrats with impunity from the laws. April 2, 2015
Elizabeth Warren Candidate United States of America cc: Donald Trump Candidate United States of America Dear Candidate, These are troublous times, even here in flyover country. I want to express my deep appreciation for your willingness to devote your time and treasure to help America out. We are in the midst of a global economic crisis of earth-shaking significance, that remains widely misunderstood and unappreciated by most Americans. As we still remain without challenge the economic leaders of the world, and the best hope of any citizen of any country for improvement of his own circumstance within his own lifetime, either by trade or immigration, you are choosing a difficult path. With a return to sound economic principles, we will have no other issues. Our current continuing economic crisis, which we now call the Great Recession, actually dwarfs the Great Depression in it’s widespread effect. Remedial action has been undertaken by both George Bush and his administration, and by Barack Obama and his administration. Their understanding has been as childlike and simplistic as their actions have been amateurish and ineffective. You both represent the clearest understanding of basic economic issues, and I hope to vote for both of you. I’ve just finished ‘House of Debt,’ with a prescient interview with Elizabeth in 2008 when you were the sole voice of reason. I greatly enjoyed the Apprentice shows when Donald was able to successfully direct Geraldo and his herd of weasels in accomplishing wildly successful and beneficial outcomes for the community. Neither of you need to offer any apologies. America needs your effort. My own lot, since my retirement from active work life, has been to take on a role as judicial activist. I’m currently representing USAG and managing the prosecution of a minor mortgage servicer at 5USCA 14-51224, only because I have standing in the matter and the position of USAG remains vacant today. I would be the first to welcome eventual intervention by the DOJ, but expect to remain overall case manager. I will be making some small recoveries of diverted treasure and returning it to America, but more importantly I will be helping to delineate more clearly the boundary between the necessary and valuable service of the FIRE component of the economy, and the unnecessary and repugnant, and illegal, predatory behavior that remains much too widespread. I do not ordinarily donate money to politicians, as they are such a weaselly group. I know neither of you are in need. Please accept the enclosed dollar as an expression of my esteem. You’ll be in Austin one day, I’ll buy lunch if you have some free time. Please pencil me in. Catfish Parlor! Meat with No Feet! Sincerely yours, /s/ David McCrae encl: Oral Argument 5USCA 14-51224 5TH USCA 14-51224 - REPLY TO APPELLEE BRIEF
I have asked this case to be remanded to District Court for proper trial of facts and issues before a jury. The appellee’s continue their strategy of delay and obfuscation, and refuse to address the issues of this case. This strategy is commonly employed by litigants of such vast resources, and is commonly successful. I continue to stand in opposition. I have only my small computer. At the beginning of this case, I believed I was a member of a large class of plaintiffs such as myself, who were victims of PHH policy of foreclosures for fun and profit. The securitization of mortgages, along with inflation of property values to junk bond status, has successfully increased cash flow in this stodgy business of home loans and mortgage servicing to wuthering heights, and the new federal policies of keeping financials whole in face of occasional necessary foreclosure protect all investor parties from downside risk. The typical loss in times past of 40% of property value on foreclosure is now totally reimbursed to the institution, by the taxpayer, for the public good, and there is no incentive to preserve property value through negotiation with owners. Neighborhoods are consequently blighted with foreclosure signs on houses serving as impromptu homeless shelters and stripped at night for copper and plumbing fixtures. The citizens who used to live in the houses, mow the lawn, pay taxes, go to school, buy groceries, visit doctors, fix their cars (or buy new cars) are now just foam on the runway. It is my contention that lucrative financial rewards have led to systematic abuse of individuals, and unjust enrichment of (un)regulated financial institutions such as PHH. I only have standing in the matter of PHH, and am only able in this case to represent my own interest. This panel has regulatory authority and responsibility today over that institution. While this case has proceeded to this lofty level of review, PHH has indeed been experiencing stress from the regulatory environment. In their SEC 10-K report of 2014 (attached), pp. 108-110, disclosed publicly on 27 February 2015, they have declared their intention to enter into a consent agreement with the DOJ, CFPB, and MMC, to address and remedy just such behaviors as I have claimed. That information is now in the public domain. They have apparently reserved $50M in fees and fines to address such impairment to their future operating expenses. Such an amount appears ludicrously inadequate. I laud the efforts of the regulators, and laud the apparent Return-to-Jesus commitment of PHH. I think the pattern consent agreements signed to date with such institutions as Ocwen, Chase, JP Morgan, Bank of America, Citigroup, Wells Fargo, Ally, Greenstreet, and whoever else may be in progress, represent encouraging steps in the right direction. I look forward with great interest to the forthcoming consent agreement with PHH presently being inked. Without any specific knowledge, as I am neither party nor signatory to such agreement as is currently in progress with the DOJ, I’m not sure how this future agreement will affect my situation, and I have no confidence that it will safeguard my interest. I would still like to present this case to a jury, in accord with my original intent. The government regulators apparently have compiled an impressive amount of irregular behavior in their discovery, and I would like to present that information to a jury. I expect to acquire counsel and certify a large class of individuals such as myself. In other matters, in the same SEC report, PHH discloses Stock Repurchase Agreements of $450M, far exceeding reported EBIT. As this stock is primarily held internally by corporate officers, I would like to advocate an immediate freeze on all Stock Repurchase Agreements, to prevent looting of assets by corporate officers, until this matter is properly remanded and adjudicated. My initial motion to the lower court on remand will also advocate an immediate moratorium on all foreclosures in progress by PHH and their agents. For Truth, Justice, and America, DATE 17 March 2015 /s/David McCrae, pro se DAVID MCCRAE , PRO SE 350 CEE RUN BERTRAM, TEXAS 78605 512.557.0283 [email protected] March 5, 2015
Eric Holder US Attorney General US Department of Justice 950 Pennsylvania Blvd. Washington, DC 20530-0001 cc: Nathan Anderson, Lead Counsel McGlinchey-Stafford, PLLC 2711 North Haskell Avenue Suite 2750, LB25 9Dallas, Texas 75204 Duty Agent, FBI Austin, Texas by hand delivery Dear Mr. Holder, A couple years ago, PHH Mortgage and their Texas minions, BBDFTE, posted my house for sale here in Burnet County on the bulletin board. The action was totally without merit and I successfully blocked the sale. I still live here, the county has recorded a clear title in my name, and taxes are current. It was a struggle. I was in the position of millions of Americans, just foam on the runway in the midst of the biggest domestic economic disaster of our time, so far. As you are aware, your duties as USAG under FIRREA 1989 encompass regulation of this industry, both civil and criminal, when they get into a feeding frenzy such as we have experienced. I took my particular information to your FBI offices here in Austin on 26 December 2013, and reported the miscreants. I was offered and waived confidentiality, feeling as secure as any American citizen in Texas. We discussed the case at length with the duty agent, who was very professional and aware of the larger issues, and I believe you have the surveillance video. In the absence of apparent prosecution, and knowing you had other more pressing business, and after a lapse of 90 days, I undertook prosecution myself and filed our amended claim in Texas Western District Court, Case #1-14-cv-00073, on 11 August 2014. I hand delivered the filing to your office here in Austin, again interviewed with the duty agent, and received cryptic response. Your agent appeared unaware of any investigation or enforcement action in progress. In the absence of intervention by a US Attorney, i pursued prosecution of the case, qui tam yourself, and acting pro se. I continue to seek qualified and competent counsel, and continue to unearth conflicts of interest or other problems among the civil resources. I continue to act pro se to the best of my ability. That case was dismissed at District, without investigation, discovery, or presentation to a jury. I am currently managing appeal on those issues at 5th USCA in New Orleans, Case 14-51224, and asking for remand to District level for proper trial. I feel confident that we will someday appear before a jury. Meanwhile, I have read through PHH’s 10-K SEC filing posted 27 February and I see they note under existing matters on page 108 a possible legal impairment due to their current negotiations and intent to enter a consent agreement with MMC, CFPB, certain unnamed state Attorneys General, and your own office. This has been my intent from the outset, to enforce existing national servicing standards. I hope that my initial report to your office, the Texas AG, all other state AG’’s, all members of the MMC, and all US Senators, and my limited effectiveness with the prosecution effort to date has been helpful to your cause. Please set aside 25% of your eventual collection to my account. Go with God, my friend. Live long and prosper. David McCrae [email protected] 5TH USCA 14-51224 David McCrae v. PHH Mortgage Company, et al. Texas STOP Little House on the Prairie STOP Carpetbaggers STOP I’m Your HuckleBerry END ORAL ARGUMENT - 15 MINUTES Springtime in New Orleans. [APPELLANT] Good Morning! [WHOAMI?] I’m Dave McCrae. I own a little patch of land over in Texas, about 5 acres we split off Clyde’s ranch in 2001, put in our own water and electric, and took up residence. I moved to Texas in 2001 after my employer in Illinois at the time curled up and went bankrupt. I heard about it on the radio one Friday afternoon, and spent the weekend making sure everything was turned off and nothing would explode. I was invited to hang around and see how things worked out, and give our security people some comfort about where all the light switches were, and maybe get paid. It was much different work than I’m used to. I decided I was disinclined, and decided to move to Texas and do whatever people do down there to make a living. We sold our house in Indiana and bought the Texas place. I burned the Indiana furniture, and bought new in Texas. It was cheaper. Indiana was the second house we bought after we moved from Cleveland, our first home, and where all our kids were born. So we were relatively comfortable taking a mortgage for our third house. We’d already bought and sold two. In 2001 I was 51 years old, so I took out the mortgage for fifteen years. Most people retire about 66, and I’m like most people. We borrowed $72,500 on property valued at $100,000. Life was simple back then, and we paid 6-1/4% interest - 180 payments, no PMI, no balloons. We later found that PHH had held the mortgage for eight days, and securitized it over to FNMA. That’s another story. You’ve heard that one too. I’ve made my living building steel mills, power plants, foundries, refineries, stadiums, churches, and even running undersea robots hooking up oil wells down in the bottom of the ocean. Actually, that was more fun than work. I continued doing that work after we relocated our residence. I did more traveling to and from client locations. I continued to work until I was 62, when I decided to finish one client project in Mississippi and retire completely, in July 2012. I was healthy, all the kids were grown, and I decided to work on my golf game a little more aggressively. Pretty soon. I had known this was going to come to pass at some point. I had made quite a bundle of prepayments on my mortgage as circumstances permitted, in varying amounts and on irregular occasions, and by 2012 I had employed this strategy to advantage and reduced my principal from ~$23,000+ to about $7,558, or about 2 years eight months advanced. We had about eleven payments to go. My computer does Excel, and amortization schedules are not that complex. I was sure I was in pretty close agreement with PHH on principal. I called them up in New Jersey on their hot line to get a payoff statement. Basically, there are millions of people like me in Texas. There are millions of stories like mine. My story to this point is unremarkable. [WHY ARE WE HERE?] That brings us to our business here today. We are here to resolve an unusual situation, of some social timeliness, and offering some unique legal issue. I’m from Main Street. My counterparties live on Wall. PHH and I had our differences and we were obviously never able to work them out staisfactorily. You’ve read through our court records from Western Texas to this point, and our briefs, and I’m sure your mind is spinning with facts and issues. We’ve been at loggerheads since 2012. This is 2015. It’s a ball of confusion. I’m not going to reread everything out loud. I will take questions, and answer what I can. I’m embarrassed for all of us. We’ve done a terrible job in managing our own communication, and an even worse job in the lower courts sorting things out. Right now, today, since I walked in, I’ve spent more time in the same room with my counterparties discussing this issue than we’ve spent together in the past three years. BTW, there’s something wrong with that, all by itself. There ought to be a law. Maybe something like 2015 RESPA-TILA. That one’s about 1888 pages of law, 59 pages of amendments, 49 pages of interpretations, and 430 pages of public comments. [RUBIKS CUBE EXERCISE, Facts and Issues, interactive with panel. Solve three modified cubes.] Simply put, we need a jury. Somehow we skipped over that in Texas. Now we’re here in New Orleans. We need a jury. We NEED a JURY! [WHY DO WE FIGHT?] I’ve come here today as a US Citizen, representing our current Attorney General, under the qui tam system. The confused facts and issues in my case are only too representative of the current economic quagmire affecting every property owner in the United States. I would hazard a guess that half of the civil dockets in the US Courts deal with property disputes such as ours today. Subtract drugs, soon 80%. In 1989 they put Charlie Keating in jail; the legislature, Republicans and Democrats, reviewed existing law and passed a Financial Institution Regulation Reform and Enforcement Act to regulate, reform, enforce and eliminate just such future problems. Our central bankers in Chicago wrote scholarly papers on the wonders of self regulation, and proselytized our self correcting economic system to the world. In twenty years, the world was on the brink of economic collapse. We set up a Financial Crisis Inquiry Commission forthwith, and they printed a Blue Ribbon Report. It was scary. We printed more money to fix it. And more money. And more money. There was wailing and gnashing of teeth. There were sound bytes. We got a Brand New President. Some Congresspeople even lost their jobs and were replaced. Bernie Madoff had to go to jail. I think Charlie had passed. Ken Lay was in jail; he was one of the smartest guys in the room. In 2012, the legislature, Republicans and Democrats, passed the Warren Dodd Financial Regulation and Reform Act to regulate and reform this whole industry. It comprised a little less self-regulation, and a little more enforcement. We bailed out all the banks and made them whole, whoever was left. We closed up HOWMANY?. Still, people who lived in houses were just foam on the runway. We set up a Consumer Financial Protection Bureau, starting in 2014. BTW, anyone here today from that group? [LOOK AROUND] No? That’s why I’m here. I’m here today representing enforcement. I have standing in this matter. Eric (Loretta?) is indisposed. We have a Mortgage Fraud Task Force Working Group set up, and they’re tremendously busy. BTW, anyone here today from that group? [LOOK AROUND] No? That’s why I’m here. I have the time and the inclination. Why are my counterparties here today? [LOOK AROUND] Yes, of course they’re here. They like to be self regulated. They want to stay that way. I think they have another motion for dismissal coming up, as soon as I shut up. $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ [WHO WILL WIN?] I’m an optimist, only due to personal preference. I expect the United States people will win this case. I think we can improve the business environment, especially in the mortgage servicing business. We’ll need your help. Send this case back to Texas. Order a US Attorney to get involved. He’s already on the payroll. Prepare and present this case to a jury. The cost and time is insignificant. It’s already allocated. I have the time and the inclination. I’ll join in. I have one house. I’ve paid for it. I’ve fought for it. My opponents own 2.7% of the houses in America. They foreclose 10,000 houses every 90 days, about 111/day, including weekends. They regulate themselves. The enforcers are having a meeting today, working out a strategy. We’re having a meeting too. We have a rare opportunity to make a difference. Let’s do it. Yesterday. [GUEST INTRO] Is there any other business before the court today? US SENATORS, OR MINIONS? You’re Invited! Bring your friends! STATE ATTORNEY GENERALS, OR MINIONS? You’re Invited! Bring your friends! MULTISTATE MORTGAGE COMMITTEE MINIONS? You’re Invited! Bring your friends! SEALED COMPLAINTS* FROM OTHER STATES? You’re solicited! Bring your files! *NOTE- We will not be able to unseal complaints at this meeting. One, I’m not an attorney. I represent only myself, Pro Hac Vice. I represent USAG, qui tam. I can’t represent other Class members. Nevertheless, one of the issues on appeal here is the possible existence of a Class of Others Like Myself, and their future Charter. I feel strongly that we will discover such a Class after remand to District and assignment of counsel. At that time, our US Attorney will ask for complaints again, we’ll unseal the boxes and get to work. Today...laissez bon temps roulez! David McCrae, pro se Tranquility Base 350 Cee Run Bertram, TX 78605 01.512.557.0283 WorldWide [email protected] www.phhmortgagemustbedestroyed.weebly.com |
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