4321 First Street
Anytown, State ZIP
I’m looking for legal assistance.
In March of 2013 my mortgage servicer filed a foreclosure notice and attempted sale of my home. At that time, advance mortgage payments were made well in advance and fully described in the payment record. Due to the highly automated process and lack of human oversight characteristic of that industry at that time, I sought CH13 bankruptcy protection immediately before sale to protect assets.
Under oversight of the federal trustee, I paid the remaining mortgage balance, and received clear title to property in 2014. I then acted to recover my expenses of defense. An initial pro se filing in 424 Court Burnet County to block sale was resurrected in July of 2014 and moved to Texas Western District Court. I amended complaint to include both the servicer, PHH Mortgage and the Texas mortgage mill, BBDFTE (now BDFTE, B is gone). The 424th had asked my wife to be included as plaintiff, the Western District asked for her to be removed. I filed this action qui tam the Consumer Financial Protection Bureau, who now represents the United States. I reported action to the Department of Justice, who showed no interest. Eric Holder currently runs that operation at his pleasure. I’ve solicited every State AG for any investigatory information they may have in their possession, with cryptic response.
The defendants denied all actions and asked for dismissal. No one had foreclosed the house. The attempt was unsuccessful. I still live here. I agreed with their position and filed an amended complaint, removing ‘wrongful foreclosure’ and replacing it with ‘consumer fraud.’ The theft is the same. I have the same damages. I filed a demand under Rule 38 for jury trial of issues, and was docketed as such. The defendants employed at least eight attorneys; no one showed interest in attending a Rule 26(f) meeting. I asked the judge to consider order Alternative Dispute Resolution. I filed three settlement offers for the record, with expiration dates. The third offer is currently open, expiring at jury seating. I think I’ve been Fair and Generous.
While we’ve been litigating my insignificant problems, Eric Holder’s DOJ, and all 50 State Attorneys general, have enteresd consent judgments with JP Morgan/Citibank, Bank of America, Ocwen, Ally, Greentree, and Wells Fargo, for an aggregate of >80 Billion+. The New Jersey Attorney General has entered a consent judgment with PHH Mortgage, one of my defendants here in Texas, at 615 Million. Possibly I’m a member of that class, Group E. No mortgage servicer has gone to trial anywhere in America in front of a jury. BetterMarkets.com continues to lobby in Washington DC for a more effective justice system. A jury in Yuba County, California, has awarded Philip Linza 16 Million, currently being appealed by PHH, who claim they haven’t done nuthin. Last year’s budget for the Mortgage Fraud Task Force was over 545 Million, so they’ve actually been running the only profitable operation in government. PHH Mortgage has about 2.4% of their industry, which is almost insignificant, but they’re the only ones who have damaged me, so they are the only ones where I have standing. In 2Q 2014 they only lost $500M, but they successfully divested themselves of $3.5B in assets of their transportation division and now they have great expectations of success in reengineering themselves and refocusing on their core business. They currently have about 1.2M mortgages under management in 46 states. Mine is paid off.
On 4 November Judge Yeakel, rather quickly but not unexpectedly, dismissed the case and ordered me to pay some more costs. I initially offered a bond of One Dollar, possibly costs are higher by now. I believe I’ve at least preserved all necessary issues to the public record on PACER for appeal, and now I’d like to hire an attorney to manage the appeal and intervention. I’m flabbergasted that I’ve been denied a trial by jury. I’m flabbergasted that a Federal judge has effectively entered a judgment without even a cursory review of Rule 26(f) report, Alternative Dispute Report, or any trial exhibits. I feel my civil rights have been violated. I’d like the appeal court to remand the case for proper trial, and compel participation of the US Attorney Office, who appear to have substantial information concerning the mortgage servicing industry in general and PHH Corporation in particular.
BTW, at this point I have to proceed In Pauperis. I have no money left. I’ll be glad to pay you later.
For Truth, Justice, and America,