Bertram, TX 78605
10 June 2014
Lisa Spurbeck, Assistant Vice President
Mortgage Service Center
I Mortgage Way MS SV03
Mount Laurel, NJ USA 08054-5452
Service by US Mail, First Class
Registered Agent
PHH Mortgage Company LLC
211 East 7th Street
Austin, TX 78701
Service by US Mail, First Class
Cc: Consumer Finance Protection Bureau
e-filed at www.consumerfinance.gov
Cc: Senator Elizabeth Warren
317 Hart Senate Office Building
Washington, DC 20510
202.224.4543
Cc: Senator John Cornyn
517 Hart Senate Office Building
Washington, DC 20510
202.224.2934
Re: CFPB Case #140506-000027, CH13 10386-TMD, Loan #0016371056
Lisa-
I have just been informed by my Federal Trustee that my bankruptcy has been discharged as of 3 June 2014. As you may recall, I entered Chapter 13 on 3/1/2013 in defense of your wrongful foreclosure action, and your organization was the sole claimant. At that time I owed $7,758 on principal on my loan #0016371056, which payments were well ahead of schedule. Your substitute trustee filed a fraudulent Proof of Claim for $9,465, including an additional $1,907 of miscellaneous fees, which was unchallenged by my attorney at that time or the Federal Trustee on a timely basis, and for efficiency of administration I paid the fraudulent claim in full once I eventually became aware of it. During the bankruptcy period, your company retained approximately $1500 in escrow funds, and added approximately $500 to the escrow account in prorated cancelled home insurance premium. Your habits with ‘force-placed insurance,’ as currently under active prosecution by Consumer Finance Protection Bureau, are excluded from this accounting. I am reserving future rights of collection, if any, in this regard. I see you have properly released the lien on my homestead on 10 March 2013 and filed in Burnet County. I appreciate it. In re escrow, I paid both insurance and property taxes for the duration of the bankruptcy process. Your company has been unable to produce or reconcile a final escrow statement so in the interest of clarity I am today stipulating a debt of $2000 in my favor for the lost or mishandled escrow funds. Per final statement of the trustee, she has $4429 in legal fees and administrative expenses. I am charging 1 Bitcoin/day for my administrative fees for the duration of the bankruptcy, or 457 Bitcoins for the period of 3/1/13 through 6/3/14. A full accounting for your convenience is below:
Fraudulent Proof of Claim $1,907
Escrow Funds currently held by PHH 2,000
Legal/Administrative fees 13-10386-TMD 4,429
Subtotal $8,336
Fees – David McCrae 457 BC
Discount 3% - 10 days
Your complete payment is due 30 June 2014. I accept cash, checks, wire transfer, PayPal or any convenient means for the USD portions. Bitcoins can be easily transferred from any of your accounts to me by e-mail or phone. I’m willing to accept 1 troy ounce of gold per 10 Bitcoins, e.g. 45.7 ounces, in any convenient form. I will require physical delivery if you prefer to deal in gold. For your convenience, I will also accept gold for the dollar amounts, valued at NYMEX exchange rate on day of receipt.
I know that you will be pleased to reach a final agreement and put this issue behind us. It has probably consumed your own resources at an alarming rate, as it has consumed my own. Please remit soonest.
This letter is an attempt to collect a debt. All information received will be used to that purpose.
Bless your little hearts,
Dave McCrae
[email protected]
www.phhmortgagemustbedestroyed.weebly.com
001.512.557.0283