It tolls for THEE!
http://www.nationalmortgagenews.com/news/servicing/how-a-600-servicing-error-snowballed-into-a-16m-jury-verdict-1042366-1.html
It tolls for THEE!
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http://deadline.com/2014/09/telluride-foreclosure-crisis-drama-99-homes-electrifies-fest-and-sparks-strong-distribution-and-oscar-buzz-827524/
https://www.khanacademy.org/economics-finance-domain/core-finance/housing/mortgages-tutorial/v/introduction-to-mortgage-loans
Demand for Trial by Jury
[FILED today] 01:14-cv-00733-ly Western Texas District Court Judge – In accord with Rule 38, I am demanding a trial by jury. Since the recent and ongoing financial crisis in this country (Wall Street and the Financial Crisis, Anatomy of a Financial Collapse, Majority and Minority Staff Report, Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs, Carl Levin, Chairman and Tom Coburn, Ranking Minority Member), the Financial Institutions Reform, Recovery, and Enforcement act of 1989 (FIRREA)has been passed by the legislature (still being widely litigated) to define and confirm the ethical bedrock foundations of proper financial institution operations to the benefit of our community. The Consumer Financial Protection Board has been established specifically by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 to address, and the Department of Justice appears to have expended great effort in examining and regulating, mortgage servicing industry practice, company by company. The most egregious violators in the arena (BofA, Chase, Citi, Greentree, Ocwen, Wells) have already begun to appear in courts to register consent judgments with the united group of all 50 State Attorneys General, and to disgorge record setting penalties in restitution of past practices, and to submit themselves and their changing practices to regulatory oversight by Joseph A. Smith, The Office of Mortgage Settlement Oversight (Joseph A. Smith does not participate in litigation). We are now considering just such industry practices in the case of the plaintiff and these two defendants. A jury has never been empaneled before to openly consider and judge these issues, or their most proper and effective remediation. Now is the time. Attached Exhibit P-11, Better Markets v. DOJ - Complaint. Respectfully, Motion for Lemonade
Judge – When life gives us lemons, and in order to expedite progress and improve communications among the parties, I would like the PHH Mortgage Company to furnish me with a new Volkswagen Golf TDI. My currently owned 2003 Jetta TDI just turned over 300,000 miles and though I have taken exceptionally good care with it, it needs replacement before I start to incur major inconvenience. I recently went to Hewlett VW here in Georgetown and found a nice white one, but I lack the credit standing for their sign-and-drive event currently proceeding. The collapse of my credit score is due in large part to this proceeding, my bankruptcy, and the unfavorable report of my sole creditor filing POC, PHH Mortgage Company through their agent BBDFTE. The bankruptcy will stay on my report five years, then I’ll resume a normal life. Credit score damage is really an unquantifiable result of our dispute. I would be willing to accept a sign-drive VW, underwritten by PHH, with them only making the payments for the duration of our dispute. This would be a sign of good faith and a step in the right direction, and I would accept the car as complete resolution of my intangible damages, and the jury will only be asked to consider the quantifiable damages, and the fines. It simplifies the restitution question tremendously. At the conclusion of our case, with the jury verdict for the major differences going either way, I’ll immediately take over the remaining payments. If that turns out to be only a short time, it benefits everyone. Of course, I’ll be paying insurance, operating expense, maintenance, tires, etc. anyway, while our case is proceeding. I have this case penciled in for jury about first quarter 2018, so my bankruptcy will be almost off the record by then. I have no other financial commitments of any size. PEC and City of Bertram show no concerns about continuing to provide me with electricity and water. PHH used to have a transportation division before they divested it this year, but I’m sure they still have contacts to obtain a car at a good price. Being in Texas, I’d prefer white, with a sunroof, but color is not really a deal breaker. Respectfully, Date: 1 September 2014 Signature: /s/ David McCrae Pro se Comes now the Defendants, one by one, and ask this suit to be dismissed, based on a pile of scholarly research and legal precedent. Not remarked is the Dodd-Frank Financial Institution Reform, Regulation and Enforcement Act of 2012, legislated to reorganize the financial heart of this country, and define and prohibit abusive behavior that was acceptable in the past, with tragic effect on most of us Americans who live on Main Street, but is acceptable no longer. We buy houses, cars, education, football tickets, tacos, shoes, computers, airline tickets, cruises…pay taxes, pave roads, build rail lines and airports, provide for the national defense with our money and our lives, and employ public servants to manage social issues of general benefit. Not cited is the Consent Judgment between Ocwen and all 50 State Attorneys General, including Texas (Case 1:13-cv-02025-RMC, Document 12, filed 02/26/14, page 56 of 65), promulgated in a rare cooperative effort to publish in easy to understand terms how we expect the mortgage processing business to proceed in Texas, and in the other 45 states. It follows the National Mortgage Settlement (www.nationalmortgagesettlement.com), marking the end of five years of negotiations with the full weight of the federal government enforcement agencies deployed against the five major banks in this arena and ending abusive practice as we all know it. In FY2013 we spent 55 million prosecuting this industry, and have so far recovered >$80 billion in consent judgments, none yet from these defendants. Some, a pittance, is even earmarked for restitution. We’ve also published a Settlement Term Sheet, a litany of standards (Exhibit A: Case 1:13-cv-02025-RMC, Document 12-1, filed 02/26/14, page 2 of 47 ff.), describing previously abusive practices, now forbidden. We’re not going to accept continuation of this consumer abuse, just because we’ve always done it that way. PHH and BBDFTE are properly summoned before this court, and before this jury, to present their story. Perhaps they are already in accord with the recommended Servicing Standards Quarterly Compliance Metrics (Case 1:13-cv-02025-RMC, Document 12-4, filed 02/26/14, page 17 of 38 ff.), and are currently providing services of inestimable value to the community. They will very likely ask to be dismissed again, before the jury retires to deliberate. Let us reconsider then. The legislature has spoken with a plan. The executive branch has responded with an enforcement initiative. Yet there remain a few loose ends, needing to be addressed individually or severally, by a jury of their peers. Let us proceed.
http://www.politico.com/story/2014/08/bank-of-america-settlement-110219.html?hp=l18
I have to say a kind word here for Eric Holder, who may be running the only agency in Government that is operating with a positive net cash flow. the investment of ~555M in prosecution funding in FY2013 has resulted this fiscal year in >$55Bn in fines and restitutions. A 1% ratio of expenses to recovery deserves commendation in any arena. Let's go, Eric! Ms. Lucy Morris
Deputy Enforcement Director Consumer Financial Protection Bureau 1700 G St. NW Washington, DC 20552 [email protected] 202.435.7154 Western Texas District Court 1:14-cv-733-LY Ms. Morris, I’ve decided to file a qui tam action in your agency’s behalf down here in Western Texas against PHH Mortgage, who runs a very similar operation to Ocwen. In fact I’ve already filed Monday. Judge Yeakel is on the bench, with Mark Lane helping get stuff sorted out. I know from browsing through your report that y’all are quite busy with higher priorities at the moment. I have standing down here in Texas due to their wrongful seizure on my own property, and appear to be First Relator. I also had an earlier CFPB complaint in the system out in Iowa. Your team apparently were phenomenally successful last year in working out a consent judgment with the Ocwen company and all 50 State AGs last year. I imagine you spent quite a long time in investigation and negotiation for everyone to reach an agreement and put up their $3.4B to cover restitution and damages. We have basically the same issues to work through, with a little added complexity due to the involvement of BBDFTE locally here. I’ve spent a little over a year, with absolutely no progress on the issues. We do have a docket, so that is some progress, I suppose. I wonder what I could discover in your prosecution files that would be relevant to PHH Mortgage activity? It would probably save us some time and money duplicating effort that we’ve already done. This time around it will all go to the jury. I’ve valued the case at $100B, but qu’ien sabe? Now we also have Chase, Citi, BAC, Wells Fargo to consider. It would sure speed things up if I could review some of your key material. Should we meet up? It best be pretty quick, I think they’re putting Rick Perry in jail next week, and things are really a kerfluffle. With the election, people are only going to get more distracted. For my little old case details, check out my site at www.phhmortgagemustbedestroyed.weebly.com. I think I’ll have 60,000 other members in my class by the time we get discovery done. Everything there will eventually be filed on PACER; for now I just have the complaint on PACER while they work my request through the electronic filing permissions. Everything today is electronic. The world sure is moving fast. Please review the info and let me know how you can help out. I’d sure appreciate it. Thanks in advance, [And bring all your Attorney General Friends in the other 49 states] |
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