Glen Messina, CEO
3000 Leadenhall Road
Mount Laurel, New Jersey 08054
cc: Loretta Lynch, USAG
re: Loan #16371056
As you know, we have been in litigation concerning this loan through Federal Bankruptcy Court, through Western Texas District Court #1:14-cv-733-ly, and through 5th US Circuit Court of Appeals #14-51224 since November of 2012. This particular 15 year mortgage, initially due in November 2016, has never been in default, has been prepaid under the administration of a Federal Bankruptcy Trustee in December of 2013, three years prior to due date, and the property is now properly released and recorded in my name, unencumbered, in Burnet County Texas. Thank you. I pay all the taxes, and actually I just voted to pay less. The issue passed. Overwhelmingly.
I have been patient. I believe we have fairly argued the case, through the years. I have been acting qui tam the USAG, currently Loretta Lynch, previously Eric Holder, seeking restitution of damages for fraudulent defense of claim for myself as Class Member 0, and any others in my class that may be identified. Despite my best efforts in dealing with your obfuscation and delay, a jury has never been convened, and the 5th USCA has now dismissed my claim as implausible. I have exhausted my resources in litigation and have no intent to expend further time or resources. I am ceding my rights as Class Member 0. I look forward to restitution some time in the future as Class Member 56823 or so. Frankly, my dear, I no longer give a damn.
While we have been at loggerheads, the CFPB has been formed, in 2014, and now serves the purpose of the USAG in addressing these issues, both criminal and civil. You are by all reports very well aware of their existence and their influence on your industry, and the Y-U-U-GE consent judgments already implemented among your larger competitors. Your competitors have been as single minded as yourselves in their desire to avoid appearing before a jury, and their willingness to buy protection. You have already publicly and properly reported to your own investors your ongoing negotiations with the USAG concerning widespread despicable behavior among your clients, exactly such as you continue to deny in my own case, and your intent to enter into a substantial consent judgment of your own, to protect yourself from unknowable penalties and fines as as these new RESPA-TILA rules take shape and continue to be defined in the courts and in the marketplace.
I have adequately informed the DOJ of my preexisting litigation, and as first relator I fully expect to collect 25% of whatever consent judgment you people reach independently. The settlement offer you have on file, valid until jury seating, is hereby withdrawn. Should you choose to utilize the bankruptcy laws yourselves, you may be assured I will be filing a POC.
Live long and prosper.
/s Dave McCrae