Bagels at a Bar Mitzvah

OneHugeMess

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May 30, 2016
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Never heard of them. Just curious, what's the caption of the case? Is it that they settled with an agency or was it a class action?
I didn’t get to read the entire thing, but the gist was that Countrywide owned a appraisal company, and may or may not have inflated numerious appraisals, received kickbacks, and overcharged borrowers for the the appraisals and credit reports.

They sent me not one, but five post cards. They certainly got my attention.
 

wanda robo

LoanSafe Member
Sep 29, 2012
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So I've been up since 3:30AM, but I would like to comment on what I can. You'll forgive me, if I'm not grammatically correct, I hope.
 

wanda robo

LoanSafe Member
Sep 29, 2012
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I had a pre-trial conference and also couple of motions heard today. Courts are becoming just a joke or waste of tax payers money. The regular judge assigned to my case is on vacation and the clerk never told me that (and intentionally hid this info when I emailed few days ago whether the judge will read my pleadings. The clerk said if the judge has time he will read and I was hoping he will be on the conference today. But only after going to the court I know that he is on vacation for the entire week and next week and there is an alternate/substitute judge who is a former judge and now running a mediation business. Interestingly this judge is from the same city where one of my adversaries (a powerful adversary and they would be knowing each other very well). So it is all well oiled/planned to negate justice to litigants. The judge heard all my arguments and simply asking why you did not pay the monthly payments. I said, I cannot since they refused in the beginning to accept my payment and the litigation started and since then I cannot pay unless the litigations are resloved. The judge had no idea about my case until he walked into the room. And hardly browsed the motion for few minutes in his computer and listened to the other side's statements and then (atleast he listened to me to explain all the fraud unlike the other court judge did not allow me (but in jp court there were jury ). In this no one else as this is a conference only.

Mine is set for jury trial in 10 days and the judge who is going to preside is coming back to office after vacation ON the day of jury trial. And I am not sure how much he is going to read on my case or just ignore all the evidence and go like all other judges have done? This system is so rigged.. But I will keep the fight...

Anyone done any motion to abate? My possible attorney or a ondemand attorney said file a motion to abate. This will stall the case or they would ask for bond? I know they can ask bond for appeal but not for Abate?Any ideas?

You need to keep fighting. You have you're goals set & you have strength. You don't need help, TX, because you have your act together. You've studied & studied hard. Any comments from us, might confuse you or make you go astray. Stay strong, my friend.
 

wanda robo

LoanSafe Member
Sep 29, 2012
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Okay, so you already know about Rainbow Bridge. That's really nice that Jack's death certificate has a tribute to it. I actually first found out about it in a pet sympathy card that a friend sent to us when our cat died.

You are just an angel baby. I just feel better about his ashes being home. I think "Rainbow Bridge" is something we , as human beings, need to believe in. Possibly, my dear isisis will chime in. It would be a great thing, if it were true. I would love (as well as others her) to be reunited with the pets I have loved.
 

wanda robo

LoanSafe Member
Sep 29, 2012
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I didn’t get to read the entire thing, but the gist was that Countrywide owned a appraisal company, and may or may not have inflated numerious appraisals, received kickbacks, and overcharged borrowers for the the appraisals and credit reports.

They sent me not one, but five post cards. They certainly got my attention.
I'd certainly take notice if I got 5 postcards. Let's think this through, you gat violated 5 times? (Not that it will mean you get any heavy duty money). You could use it, thought to sue, or file a counterclaim....just wanda thinking out loud...
 

wanda robo

LoanSafe Member
Sep 29, 2012
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So wanda always shares, so here goes. I've been waiting for a FOIA request from HUD & I got it today. They made me wait months & what they sent wasn't responsive. More smoke & mirrors. What I requested doesn't exist, so they played their head games & sent me something "they thought" was responsive. LOL
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,683
551
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I didn’t get to read the entire thing, but the gist was that Countrywide owned a appraisal company, and may or may not have inflated numerious appraisals, received kickbacks, and overcharged borrowers for the the appraisals and credit reports.

They sent me not one, but five post cards. They certainly got my attention.

That was the 1st thing I pulled up, but I wasn't sure if that was what you were talking about. If this is what you got the postcards for, there won't be any big dollar amount (and I am very sorry). Your guys that got $crewed by Countrywide, should have gotten big bucks by now, as far as I am concerned...
 

moretrouble

LoanSafe Member
Nov 14, 2009
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This is directly out of Ocwen's latest 10-K:
"
We may incur litigation costs and related losses if the validity of a foreclosure action is challenged by a borrower or if a court overturns a foreclosure.

We may incur costs if we are required to, or if we elect to, execute or re-file documents or take other action in our capacity as a servicer in connection with pending or completed foreclosures. We may incur litigation costs if the validity of a foreclosure action is challenged by a borrower. If a court were to overturn a foreclosure because of errors or deficiencies in the foreclosure process, we may have liability to a title insurer of the property sold in foreclosure. These costs and liabilities may not be legally or otherwise reimbursable to us, particularly to the extent they relate to securitized mortgage loans. In addition, if certain documents required for a foreclosure action are missing or defective, we could be obligated to cure the defect or repurchase the loan. A significant increase in litigation costs could adversely affect our liquidity, and our inability to be reimbursed for servicing advances could adversely affect our business, financial condition or results of operations."

At least they 've it correctly.
 

wanda robo

LoanSafe Member
Sep 29, 2012
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My friend, I was just getting ready to post, also. I think instead of the closing "Be guided accordingly" I will show I am a bigger person and use "Kindly take notice". What do you think?
It's less offensive. I like it. It shows we have more class than they could ever have!
 

just_me

LoanSafe Member
Sep 14, 2015
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This is directly out of Ocwen's latest 10-K:
"
We may incur litigation costs and related losses if the validity of a foreclosure action is challenged by a borrower or if a court overturns a foreclosure.

We may incur costs if we are required to, or if we elect to, execute or re-file documents or take other action in our capacity as a servicer in connection with pending or completed foreclosures. We may incur litigation costs if the validity of a foreclosure action is challenged by a borrower. If a court were to overturn a foreclosure because of errors or deficiencies in the foreclosure process, we may have liability to a title insurer of the property sold in foreclosure. These costs and liabilities may not be legally or otherwise reimbursable to us, particularly to the extent they relate to securitized mortgage loans. In addition, if certain documents required for a foreclosure action are missing or defective, we could be obligated to cure the defect or repurchase the loan. A significant increase in litigation costs could adversely affect our liquidity, and our inability to be reimbursed for servicing advances could adversely affect our business, financial condition or results of operations."

At least they 've it correctly.
This is why Ocwen's keeps going for additional bites at the foreclosure apple. They are waiting for a non-responsive default win and know their paperwork is defective. Plus, their mills have taken to evading proper legal notice to get these advantages. Ooopsi... lets call that erroneous or inadvertent error please.

I discovered that the latest amended complaint, signed off ex parte without my knowlege, effectively allows them to claim around 7 years of legal fees for filing a wrongful claim through use of amendment to avoid the SoL. Why is that not prejudicial? More on this soon.
 

FedUp02

LoanSafe Member
Apr 26, 2009
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You are just an angel baby. I just feel better about his ashes being home. I think "Rainbow Bridge" is something we , as human beings, need to believe in. Possibly, my dear isisis will chime in. It would be a great thing, if it were true. I would love (as well as others her) to be reunited with the pets I have loved.
Thank you! I agree about RB and also having your having your pets' ashes at home. We have 2 containers here of previous pets from quite a while back. I am with you on being reunited with pets I have loved as well.
 

OneHugeMess

LoanSafe Member
May 30, 2016
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I'd certainly take notice if I got 5 postcards. Let's think this through, you gat violated 5 times? (Not that it will mean you get any heavy duty money). You could use it, thought to sue, or file a counterclaim....just wanda thinking out loud...
I'd be happy to use it as an affirmative defense if they ever bothered to sue me again. Like I said before, I'm starting to wonder if they've decided to walk away from me and the loan. As for the little cards, I can only think of three loans where they would have performed the appraisal, so that means for two of the loans, there were double violations. Would be interesting to know what it was.

That was the 1st thing I pulled up, but I wasn't sure if that was what you were talking about. If this is what you got the postcards for, there won't be any big dollar amount (and I am very sorry). Your guys that got $crewed by Countrywide, should have gotten big bucks by now, as far as I am concerned...
Oh, I know there won't be a big settlement. I'm just interested to see where it goes.
 

wanda robo

LoanSafe Member
Sep 29, 2012
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I'd be happy to use it as an affirmative defense if they ever bothered to sue me again. Like I said before, I'm starting to wonder if they've decided to walk away from me and the loan. As for the little cards, I can only think of three loans where they would have performed the appraisal, so that means for two of the loans, there were double violations. Would be interesting to know what it was.



Oh, I know there won't be a big settlement. I'm just interested to see where it goes.
I'm interested too, especially where there will be no admission of guilt. These settlements tend to be fascinating, to say the least. "We'll pay, we won't admit to guilt, we'll move on to violate again". It's so typical, but we can learn from it. Studying the court filings is key(LOL & the reason I blow up my PACER acct).:)
 

just_me

LoanSafe Member
Sep 14, 2015
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Has anyone had results with Rule 11 motion with regards to opposing counsel's manipulation of "certification of notice." I was not given notice of an amended request and was denied relief and rehearing. I submitted that I was not heard due to lack of notice. The current motion for MSJ also contains deceptive notice claims. They delayed their mailing and my receipt by 5 days(using internal metering without actually placing in postal service on same date) . I would normally have 20 days which was reduced to 15.

Previously, opposing counsel had obtained relief from a dismissal of the case based on same lack of notice. However, my response from the judge was that "the law requires leave to be freely granted" as a reason to deny me an opportunity to object to the deceptively obtained (without my knowlege in a different court) permission to amend. I do not have any registered objections to amending after the statue of limitations or the basic lack of standing and admission that I was not in default on their first complaint. No mention of the lack of notice and request to rehear and register objections. (Cr 60.02 (b)

I am now surprised, and with substantially shortened time obligated to respond to the "new" information that still does not have any corrections to the "new" principal balance and "new" default date. They simply rotated their case to a later default date because they had lost (withdrew) on the earlier attempt in 2015.

Now I have to move forward with little chance in hell of an appropriate response to MSJ by tommorow. I did submit an enlargement of time, which won't even be heard until tomorrow. I'm beside myself as I have ample evidence but it is impossible to present an appropriate answer on this shortened deadline. At least, bare minimum, I can "freely amend" and should not be held to particulars in my answer.
 
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just_me

LoanSafe Member
Sep 14, 2015
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Oh thank God. Motion to enlarge time granted!
Now any advice on whethor or not to include SOL in defense of MSJ (was not in answer - but I have laches and waiver)
OR to submit a response for inclusion to the file in order to register my objections on the ex parte approved request to change default date and balance.

The requirement for opposing a permission to amend (they styled it second but it is actually 3rd) is that there is no prejudice. I certainly am prejudiced as I have actually expended significant costs in jacking the foundation and as well, they get to collect all these court costs for which they would not get to receive had amending been denied (nearly 10K of frivolousness)

I've sent 2 emails with regards to improper service. Keeping the Rule 11 sanction motion prepped as court rules require resolution between the parties first.
Thanks!
 
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wanda robo

LoanSafe Member
Sep 29, 2012
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Oh thank God. Motion to enlarge time granted!
Now any advice on whethor or not to include SOL in defense of MSJ (was not in answer - but I have laches and waiver)
OR to submit a response for inclusion to the file in order to register my objections on the ex parte approved request to change default date and balance.

The requirement for opposing a permission to amend (they styled it second but it is actually 3rd) is that there is no prejudice. I certainly am prejudiced as I have actually expended significant costs in jacking the foundation and as well, they get to collect all these court costs for which they would not get to receive had amending been denied (nearly 10K of frivolousness)

I've sent 2 emails with regards to improper service. Keeping the Rule 11 sanction motion prepped as court rules require resolution between the parties first.
Thanks!
Deep cleansing breaths, you my dear are doing fine.

A lot of people I know are thinking about improper service, but it's easily fixed & I think the courts are going to start to reject this. Just my thoughts, my dear friend. You keep up the GREAT fight, you've been fighting.
Thank you for being a friend.