Ocwen is a Bad Player

The application of legal presumptions and presumed exceptions to the hearsay rule has been leading courts across the country to conclude and assume facts that are opposite to the truth of the matter asserted by parties seeking to foreclose on loans. The courts are quite literally taking the word of a thief about what happened and disregarding all the circumstantial evidence that casts not only suspicion on the evidence, but creates a virtual presumption of lack of credibility — that the testimony from robo-witnesses and the documents entered into evidence must be closely scrutinized and in cases of doubt, the party seeking to introduce facts as evidence must be required to prove those facts without presumptions.

One is left to wonder how bad Ocwen needs to be before everything that comes from it — in testimony or documents — is subject to suspicion. In any other circumstances no litigant would rely on evidence from a bad player like Ocwen, much less allow foreclosing parties to enjoy the privilege of legal presumptions and exceptions to the hearsay rule. Since it is more appropriate to view proffers of information from Ocwen as suspect, rather than carrying a presumption of validity and authenticity, it follows that they must be required to prove every matter asserted with actual evidence rather than avoiding the facts by convincing judges to rely on legal presumptions and presumed exceptions to hearsay rules.

The moral of the story is that a motion in limine, objections to hearsay, and objections to the application of legal presumptions should be aggressively pursued.

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See http://www.huffingtonpost.com/entry/ocwen-financial-gets-no-respect_us_59a5cd69e4b0d81379a81be6

The general rationale for rocket dockets and the attitude of judges in foreclosure actions can be summarized as follows: (1) the foreclosure is inevitable (2) due process for borrower defenses carries little if any weight and (3) banks are the primary source for information on the loans and foreclosure.

So continuing with that line of thinking foreclosures went through the judicial system like poop through a goose. Rocket dockets were financed by the banks, bottlenecks were rampant and homeowners were left holding the bag on what was clearly a fraudulent scheme requiring the forced sale of property — in order to have at least ONE document (a court order) that would give rise to the presumption of validity as to everything that had transpired before the Final Judgment of Foreclosure and before the forced sale at auction.

Now if the judiciary had been doing its real job — providing a venue for blind justice — they could have stopped the foreclosure tsunami in its tracks.

Even in uncontested cases, the foreclosure should be denied in most cases because the foreclosing party does not have facts to back up its allegations. That is because they are an intervening party with no connection to the alleged loan, nor the foreclosure for that matter. As a foreclosure attorney I was sent packing, even in uncontested foreclosures, if I didn’t have proof that I was representing the owner of the debt, that the payment history and balance was kept by the creditor or some party authorized to represent the creditor. If the courts had required actual facts instead of presumptions the foreclosures would have stopped dead in the water.

Foreclosure is not inevitable. Even the threat of it must be as a result of some default by the actual borrower that causes financial injury to the creditor. There can be no injury if the alleged creditor is relying upon the status as “holder” without alleging and proving that the agent has received authorization from the actual party who paid the last money for the funding of the original loan or the successor to that party. Courts have not required even the allegation that the named foreclosing party has suffered injury or that the foreclosing party actually represents the actual creditor.

It is only if the court starts with a bias that the origination and subsequent transfers actually happened within the chain of parties supposedly in the chain of title, that the court could or would conclude that due process is a nuisance and that borrower defenses are without merit, even if the court is required to hear them. Again, if actual proof of actual facts was required, this would never happen. Most of the cases where borrowers have been  victorious have been silenced by seal of confidentiality for which Ocwen and others have paid substantial money to prevent the news from getting out into the public domain.

Using the banks or BlackKnight as the primary source of information is just plain absurd. But it happens because the complexity of false claims of securitization is so great that judges rely on the culprits to explain what happened and disallow challenges from the homeowner — except in cases where they don’t automatically believe the banks and servicers. But is also true that most of the “foreclosure defense” lawyers commit the same error. They start with the premise of a valid loan and the premise that foreclosure is and should be inevitable.

 

61 Responses

  1. Hope restriction on Wells Fargo too

  2. Reuben Nieves –

    excellent post on presumptions! thanks…

  3. A copy of the OCWEN Consent Order may be found at: http://idfpr.com/Banks/RESFIN/Discipline/2017/2017-MBR-CD-01-b.pdf.

  4. IDFPR-OCWEN (continued)
    More information regarding the Cease and Desist Order may be found at IDFPR’s website: http://idfpr.com/Banks/RESFIN/Discipline/2017/2017-MBR-CD-01.pdf.

  5. Breaking News-

    Illinois e-News Release

    For Immediate Release Contact: Terry Horstman
    September 28, 2017 Phone: 217-558-2953
    E-mail: Terry.Horstman@Illinois.gov

    Illinois Enters into Consent Agreement with Ocwen Loan Servicing, LLC.

    CHICAGO – The Illinois Department of Financial and Professional Regulation, Division of Banking (“IDFPR”), filed a Cease and Desist Order (“Order”) against Ocwen Loan Servicing, LLC and two other Ocwen-owned licensees in April 2017 alleging unsafe, unsound, and unlawful conduct related to residential mortgage loan servicing activities with Illinois consumers. Specifically, the Order identified a common connecting theme tied to errors in Ocwen’s servicing records maintained on its REALServicing platform, resulting in negative impacts, such as: incorrect or delayed updating of servicing information and payments by consumers; late payment or forced-placement of consumer’s property hazard insurance from escrow accounts; and improper handling of loan transfers in and out of REALServicing.

    The IDFPR Order was issued in conjunction with the IDFPR’s extensive participation with other multi-state residential mortgage regulators in examining Ocwen and applying licensing standards, as well as a review of complaints filed by Illinois consumers with the State of Illinois. IDFPR and Ocwen (along with some other state regulators) subsequently entered into a Consent Agreement establishing a framework for Ocwen to ensure improved levels of service to Illinois consumers. The key requirements of the agreement (officially the “Consent Order”) are as follows:

    • Restricts Ocwen from acquiring any Illinois residential mortgage servicing rights (MSRs) until April 30, 2018;
    • Restricts Ocwen from boarding any new Illinois residential mortgage loans onto the REALServicing platform at any time (loans existing on the platform may only be modified and/or refinanced);
    • Permits Ocwen to originate new Illinois residential mortgage loans if boarded to servicing platforms other than REALServicing;
    • Commits Ocwen to developing a detailed Plan of Action and Milestones (POAM) for the transfer of all Illinois residential mortgage loans currently on REALServicing to other servicing platform(s) to enable Ocwen to comply with applicable mortgage servicing standards;
    • Commits Ocwen to employing an independent third-party auditor to review a representative sample of escrowed loans on REALServicing serviced by Ocwen between January 1, 2013, and June 30, 2017.
    • Commits Ocwen to providing IDFPR a quarterly report through third-quarter 2019 identifying all Illinois consumer complaints made to Ocwen and the resolutions thereof.

  6. Here is a bit of info on conclusive presumptions

    Rutter’s Practice Guide-Fed. Civil Trials and Evidence, ¶ 8:4993, p. 8K-34 states:
    Conclusive presumptions affecting protected interest: A conclusive presumption may be defeated where its application would impair a party’s constitutionally-protected liberty or property interests. In such cases, conclusive presumptions have been held to violate a party’s due process and equal protection rights. [Vlandis v. Kline (1973] 412 US 441, 449, ; Cleveland Bd. of Ed. v LaFleur (1974) 414 US 632, 639-640; Stanley v Illinois (1972) 405 US 645, 6565-presumption under Illinois law that unmarried are unfit fathers violates due process.

    Scotus in Vlandis v. Kline, 412 U.S. 441,448 (1973) held:
    Statutes creating permanent irrebuttable presumptions have long been disfavored under the Due Process Clauses of the Fifth and Fourteenth Amendments. In Heiner v. Donnan, 285 U.S. 312, 52 S.Ct. 358, 76 L.Ed. 772 (1932), the Court was faced with a constitutional challenge to a federal statute that created a conclusive presumption that gifts made within two years prior to the donor’s death were made in contemplation of death, thus requiring payment by his estate of a higher tax. In holding that this irrefutable assumption was so arbitrary and unreasonable as to deprive the taxpayer of his property without due process of law, the Court stated that it had ‘held more than once that a statute creating a presumption which operates to deny a fair opportunity to rebut it violates the due process clause of the Fourteenth Amendment.’ Id., at 329, 52 S.Ct., at 362. See, e.g., Schlesinger v. Wisconsin, 270 U.S. 230, 46 S.Ct. 260, 70 L.Ed. 557 (1926); Hoeper v. Tax Comm’n, 284 U.S. 206, 52 S.Ct. 120, 76 L.Ed. 248 (1931). See also Tot v. United States, 319 U.S. 463, 468-469, 63 S.Ct. 1241, 1245-1246, 87 L.Ed. 1519 (1943); Leary v. United States, 395 U.S. 6, 29-53, 89 S.Ct. 1532, 1544-1557, 23 L.Ed.2d 57 (1969). Cf. Turner v. United States, 396 U.S. 398, 418-419, 90 S.Ct. 642, 653-654, 24 L.Ed.2d 610 (1970).
    The more recent case of Bell v. Burson, 402 U.S. 535, 91 S.Ct. 1586, 29 L.Ed.2d 90 (1971), involved a Georgia statute which provided that if an uninsured motorist was involved in an accident and could not post security for the amount of damages claimed, his driver’s license must be suspended without any hearing on the question of fault or responsibility. The Court held that since the State purported to be concerned with fault in suspending a driver’s license, it *447 could not, consistent with procedural due process, conclusively presume fault from **2234 the fact that the uninsured motorist was involved in an accident, and could not, therefore, suspend his driver’s license without a hearing on that crucial factor.

  7. Dear Mr. Garfield This is Michael Anthony Figueroa Jr. I told you be fore sir. from the Judges on up got to go! they are they are only interested in lining there pockets like common criminals would they very people we have entrusted to defend, deliver justice to the common person of this nation. They have failed on this they have gotten all chummy and started to dip there own hands into the cookie jar. they are not God fearing men with and they do not put there personal interests aside. I is time for the strong stern men of God to stand up.

    I have tried to stand up to these ungodly evil men and I got stepped on like I was nothing, the Judges, Lawyers. these are evil men that will not nor ever dispense any kind of justice, because one very simple fact evil men do not understand justice, what is right and what is wrong is not of there concern.

    So I am so very tired of fighting up hill to only find out that i was fighting for nothing because the very simple fact before i interred that court room; there minds were already made. up every thing in between was just pony show. we are dilling with are evil men. and the only way you can dill with a evil man is with the lord. so we need to pray that the lord will bring justice back to this nation are court house are filled with evil men who be leave that they are above the common people.

    sincerely Michael Anthony Figueroa Jr. the real beneficiary to the trust in question.

    On Tue, Sep 12, 2017 at 8:14 AM, Livinglies’s Weblog wrote:

    > Neil Garfield posted: “The application of legal presumptions and presumed > exceptions to the hearsay rule has been leading courts across the country > to conclude and assume facts that are opposite to the truth of the matter > asserted by parties seeking to foreclose on loans. The c” >

  8. Craftsmen (gun us down without bullet) keep themselves out of jail, the system and financial institutions are dealers
    Thank CemenBoots for that glossary

  9. Is that u Bob hurt?

  10. they are not barbarians – they are craftsmen… the reason they get away with so much is that everything they do is an “offer” to which you and me “accept” and the purported and presumed truth (unless challenged) is that it was for mutual benefit with complete disclosure – and now YOU are trying to renege…

  11. Colony colonization inside each other start from little house here in USA to all over countries and we little defender r called provoking and terrorist which was created by the barbarian financial institution

  12. check this out…
    if recognized as fraud – by your complaint – the County Law Dept will prosecute for you without having to hire an attorney… and without sacrifice of additional civil remedies for the wrong…

    Title Fraud Review and Refer Law – Illinois
    55 ILCS 5/3-5010.5
    http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=005500050K3-5010.5

  13. As a favor to another fellow who could not figure out how to post a comment…

    To “Eddiecap,” Eddie Caplinger:
    The reference to “sealing” to which you have commented is a little bit different than your take on it. What happens when a foreclosure outfit or their “servicer” is backed into a corner and makes the determination to settle the litigation (usually by giving up its claims, and possibly paying some damages money), it is the Settlement that is placed under a seal of confidentiality, outside of the Court system, so the terms of the Settlement do not surface in the Docket Record. What is entered into the Docket is a set of “mutual withdrawals,” where the non-committal comment is only “The case is withdrawn.”

    Because the Settlement Agreement is a private transaction, the parties are free to make whatever terms they wish. So Ocwen inserts these “confidentiality clauses” in there that prohibit the homeowner from publishing the Agreement. At that point the homeowner is free to make whatever money claims he wants in exchange for his settlement agreement signature. If the homeowner then publishes the Agreement anyway, then Ocwen (or their counterparties on the Street) are free to go sue him for the moon, including taking back the house and continuing the foreclosure litigation to eternity.

    The Court Docket shows nothing, other than the Complaint, Answer, the “paper war,” and the Withdrawals. So the next man in line that is whacking at Ocwen has nothing to guide him – which is Ocwen’s motivation to do a settlement agreement and force that victim to go sign it in exchange for relief. (If you chafe at it, then take the deal, sell the house, dispose of assets, and go publish the agreement, nothing much they can do to you at that point because you are already broke. But the formidable route that requires means only the most committed revolutionary Leninist would ever actually do that. Everybody else just sits and sulks.)

  14. Don’t be victims no legal rules justify the theft of our property and destruction of life!

  15. To “Eddiecap,” Eddie Caplinger:
    The reference to “sealing” to which you have commented is a little bit different than your take on it. What happens when a foreclosure outfit or their “servicer” is backed into a corner and makes the determination to settle the litigation (usually by giving up its claims, and possibly paying some damages money), it is the Settlement that is placed under a seal of confidentiality, outside of the Court system, so the terms of the Settlement do not surface in the Docket Record. What is entered into the Docket is a set of “mutual withdrawals,” where the non-committal comment is only “The case is withdrawn.”

    Because the Settlement Agreement is a private transaction, the parties are free to make whatever terms they wish. So Ocwen inserts these “confidentiality clauses” in there that prohibit the homeowner from publishing the Agreement. At that point the homeowner is free to make whatever money claims he wants in exchange for his settlement agreement signature. If the homeowner then publishes the Agreement anyway, then Ocwen (or their counterparties on the Street) are free to go sue him for the moon, including taking back the house and continuing the foreclosure litigation to eternity.

    The Court Docket shows nothing, other than the Complaint, Answer, the “paper war,” and the Withdrawals. So the next man in line that is whacking at Ocwen has nothing to guide him – which is Ocwen’s motivation to do a settlement agreement and force that victim to go sign it in exchange for relief. (If you chafe at it, then take the deal, sell the house, dispose of assets, and go publish the agreement, nothing much they can do to you at that point because you are already broke. But the formidable route that requires means only the most committed revolutionary Leninist would ever actually do that. Everybody else just sits and sulks.)

    Trust this explains,

  16. That’s right stay in the fight even if cement is kind of rigid lol

  17. Cement, Thanks for your comments. Grandpa used to say: “Don’t sign no contracts”. Now I know what he meant.

  18. Dr David.
    as soon as you learn that YOU are the devil in the details and not the other guy – the faster you will learn how to defeat that devil in your own heart… everything that has happened that seems bad upon me and you was caused by me and you acquiescing to contracts we did not understand, but signed anyway… so from here back we are trying to re-write history based on fraudulent inducement – and the courts hate that more than anything!

    That is our ultimate fight…

  19. Dr D good play by play there let’s people see what were up against. I’m not the legal beagle but sounds like you’re putting in timely objections that will strengthen your case on appeal or are you already in appeal?

  20. Cement. So you think I have committed legal suicide because I did not bring a court reporter to a damages hearing?? I’ve been doing this for 7 years with no education and only Gods help. I have gone through multiple motions to dismiss and multiple motions to compel, for judgement on the pleadings and on and on. So you learned opinion is that I have committed legal suicide because I did not hire my own court reporter for a damages hearing where any objections regarding what they throw into a business record is futile. You know what I think? I think I was dead from the get go.

  21. I’ve never heard u say that CEMENT remember u could be enlightening a newbie!

  22. Cement I know you said to hire your own court reporter. And I have but having it from a court reporter only gives me reference because the judge does not care about the truth and nothing seems to persuade him he is siding with the devil. I’ll go look at the court record and see what he did regarding the hearing.

  23. I can’t help people that have already committed legal suicide… I am not God and can’t bring you back to life….

  24. Cement. The judge just runs over my motions whatever they be. But is there a motion for rehearing raising the arguments you mentioned about the judge stepping in?? I’ll look in the statutes but he seems to ignore those as well.

  25. I’ve only said this a million times….
    HIRE YOUR OWN COURT REPORTER (THAT YOU PAY FOR) EVEN IF THERE IS ANOTHER ONE ASSIGNED…
    HIRE YOUR OWN COURT REPORTER (THAT YOU PAY FOR) EVEN IF THERE IS ANOTHER ONE ASSIGNED…
    HIRE YOUR OWN COURT REPORTER (THAT YOU PAY FOR) EVEN IF THERE IS ANOTHER ONE ASSIGNED…
    HIRE YOUR OWN COURT REPORTER (THAT YOU PAY FOR) EVEN IF THERE IS ANOTHER ONE ASSIGNED…
    done…

  26. Cement. Thanks for the info. I really like the way you said it. They got a summary judgment back in April. Today was a damages hearing. I motioned to vacate the void summary judgment on grounds of the rescission a day or so before the hearing. The Judge brought it up in the hearing and merely denied it. I then motioned in court (had one written up already) to dismiss the damages hearing for lack of subject matter jurisdiction. He denied that as well. I then motioned for a continuance because the judge did not appoint a court reporter as he is required to under the UCC in Tennessee. I might add that I filed a motion 5 days before the hearing to have him appoint a court reporter. He denied that so I put a recorder on the table. The only break I got was due to an affidavit presented at the hearing by the bank regarding attorney fees. I objected to that for multiple reasons. The judge allowed it in for evidence but in the end is requiring them to itemize the $100,000 they are asking for. They were also charging me rent for 6 months and got a zillo estimate put into evidence to substantiate their rental fee. So that zillo estimate is in evidence. If they played by the rules I should be able to reduce their award for damages simply because of that zillo estimate they put into evidence. The zillo estimate for the cost of the house was $459,0000 but the sales price back to Wells Fargo was $308,000. I guess it could be argued they took 150k less than it was worth and that is not “reasonable”. OK, That’s some history. The present issue is the attorney fees they will be submitting in the very near future totaling $100,000. Please, if you have a direction to point me in fighting those I could use it. On a side note, I was shocked at what they will let in under the business records exception of hearsay. I guess like usual all they have to do is say it and it is so.

  27. i should have said – before the trial court judge preemptively brought his own de novo motion into court while the adversaries continued to have an issue in controversy which they each had the right to prosecute or defend without overarching intervention of the judge…

  28. Cement sounds like the playbook we need to follow

  29. Dr. David…

    about the only thing i can say is challenge the judge for:

    bringing his own motion into the court and practicing law from the bench on behalf of your adversary

    that your adversary never challenged the validity of your rescission by motion or suit and the judge cannot legally represent your adversary

    that the judge’s “presumption” of your rescission being outside the window of the statutory period of repose expressed in TILA between an alleged or presumed “consummation” and the time you mailed your rescission is without support of facts admitted into evidence in this court brought forth by your adversary

    that you are “owed” a response from your adversary and not be subjected to such adversarial response being preempted by the judge and (so-called) “neutral” court’s opinion without such motion by your adversary [otherwise its 2 against 1 with no neutral trier of fact]

    am i lost or am i found?

    file an immediate appeal on the nature of the judge’s ultra vires intervention and don’t wait for a final judgment!!!!

  30. Cement. Those are great words about not answering TILA. And I agree but nobody else agrees. I tried to call the Judges attention to the facts of TILA again today in a hearing for them to assess damages for my “breach of contract” Note and DOT. The opposition said that it was already ruled on in an old motion of mine for judgment on the pleadings where I pointed out to the judge that the Note and DOT was void due to rescission. He merely said it was untimely and not covered by TILA and said it did not count. So like I said the law is not for us it is for them when they want it to be and how they want it to be.

  31. I my case Nelson v AHMSI/(Rosss), not only did AHMSI not respond in the 20 days after i put return reciept documany re QWR they denied ever receiving said document. I believe I still possess that return recipt ent from Coppel , Tx head office AHMSI. None the lesst Judge Brown !2t Dis Fed Ct appareently ignored my evidence or for reason at this late date I can not recall for sure I included a copy )poto) of tht return reciept. Since i suffered a printer explosaion fire in my 508 Seven Devils home, June 2015, I have to dig thru charred documentsa to locate that item..howvwer from what Cheif justice !2th Dist Fed Ct, Portland decided he is/was not even willing to reopewn Judge Browns decision so I remain “Dismiss with prejudice” and am prohibited from any further action on the case Brown found in favor of AHMSI/PCEWN/HSBC and a reminder, had browns law clerks done even a surface scratch of the then current activities of Ocwen they could asily have learned, for browns edification, that Ocwen was under SEC invesatigation for fraqudulent practicesa which included Ocwens history of allegations that Ocwen defrauded numerous vicctims on similar failure to prove standing under TILA. As well it is also iunteresting to note that whatever relation existed between Ocwen and HSBC ( the mysterious co- litigant against me with AHMSI and OCwen, her clerks could easly have advised Brown that HSBD was under advanced FNI investigation for charges of “laundering South American Drug Cartel Cocaine/drug sale profits iillicetly imported into the USA for sale to US childen and drug addict adults. HSBC paid, I beleive a huge “fine” or penalty to settle trhat “crime’..I am unaware of the final results of the money laundering of illicit drug profits with HSBC but I do believethat current data reveals Ocwen is or has been charged with and/or coinvicted (admit guit) forSEC charges, the same charges that CEO of Ocwen fled the USA to malta to evade prosecution for criminalSEC violations. I am recalling this at present but I am confident that most of these evets are a matter of some record..I.E I allege that Judge Brown aided and abetted two alleged criminal organization to unlawfully ignore federal law under TILA and awarded my free and clear home appraised at $340,000. by AAG for a $300k reverse mortgage therefore making me a pauper and damaging my phyical and mental health in the process Since the 12th Dist fged Ct Cheif justice has washed his habbds as if he were Ponyius Pilate and tossed me, a victim, to the wolves to devour my aging carcass. So help me God I beieve what I describe to be the truth so help me god. I have always been willing to subit to a professional polygraph test (which I would pas with no doubtthat i amtelling the truth as I believe the truth to be. But “Ponyius Pilate” has washed his hands and Ireman the loosser and pauper as a result. Nothing will ever come of this because were it found to even be partially the truth the offenders would be subject to severe reprimand, even punishment of some sort. me, i remain several years older, not a hint of justice with only a “story” to share with those who have ears and will listen and those with eyes to see the truth.

    God Bless and Save America

    breucxe R nelsoBanner Elk, NC awaiting any vindictive treatment ongoing from th federal Government, the same Government that sanctions Wibur Ross as Secretary of Commerce of the USA!

  32. Failure for an alleged creditor to respond to a TILA Rescission Notice within 20 days is prima facie evidentiary, admissible proof that said Rescission is effective and the alleged creditor or their privies have waived their rights to object and are foreclosed from further remedy with regard to said TILA Rescission (citation).

  33. Given the suspect nature of everything from the purported and unsecured NEW CENTURY transaction through the “mysterious” and late notice of Discharge/ Satisfaction of Mortgage of the PINNFUND transaction, as a parallel federal/civil administrative proceeding under TILA and outside of foreclosure case 09-CH-49823, beginning on May 27, 2010, within three years of the 2008 purported Notice of Discharge/Satisfaction of Mortgage, I caused to be sent by certified mail several “Notice of Rescission” mailings under TILA to USBANK et al. (claimed assignee) via their Attorney FISHER & SHAPIRO LLC, (noting that per the Dodd-Frank Act in force at the time, in the absence of a known creditor, notice to one is notice to all) to cancel the purported NEW CENTURY transaction, note, void the (already void) mortgage and rewind things back.

  34. why would anyone already scourged by the wall street banking system seek to get another loan/mortgage under the same system designed to steal your property? (walks like a duck)

  35. In addition, under §131(c) of TILA, (15 U.S.C. §1641(c)), any consumer who has the right to rescind a transaction may rescind against any assignee. See Shepeard v. Quality Siding & Window Factory, Inc., 730 F.Supp. 1295 (D.Del. 1990) (allowing consumers to exercise rescission against an assignee).

  36. I mean Bruce articles I want to save and print and save your article

  37. I’m looking forward to heart any good result about your situation.
    You read our mind about those big wolf 🐺 mouth crunching us alive

  38. nadianasrawi..say what, who, when articles..bnring me up to speed my new friend.

    bruce (geezerkatz@yahoo.com)

  39. David, U R good for this old soul..I am encouraged just to meet you in this manner. I will endeavor to do as you suggest..but first things first..I am up to my ass in alligators with my VA service connected disability issues. I spend several hgours every day dealing and prepping for my pro se live F9 hearing date not set but hearing is approved. My income situ may dramatically change from my meager $1400 per mo ssa and $100 VA tinnitus comp. On top of that I have battled since mid 2015 to get my creddit score repaired, damage cuased by Ross, et al and compounded by fact that VA failed to pay $1500. VA approved emergency care from 2 subdural hematomas (which as a boxer you may well be aware of how brain damage can create issues that impact ptsd matters 9for me. So I have a very full platter and I am alone to tend to these critical issues (oh and not to mention the distress the Ross/Ocwen crap has added to my personal grief) I must write if for no other reason I have 3 great grand children who were born to my dsaughters daughter and my blonde, blue eyed calif surfer girl married a mexican boy yera ago she mey in LA..Laras daughters ethnicity is hispanic and she has remained in mexico and I have never even met my great grandchildren who, perhaps one day as they age will want to know myown family side of life, a man they may never meet in person, me.

    So please let stay tight, my email is geezerkatz@yahoo.com, ph is 8283674610. I would like to know you as a friend if at all possible. by the way just 2 hrs ago i learned my credit repair has my scores at above 620, minimum for VA home loan..this is good nooz for a change and I immediately conatacted a VA lender, spent an hour making app and going over my history and it looks like I may get pre qualified for my VA home loan..I currently lease the condo i live in now so that means I must start seeking and affordable residence that I can qualify for my possible bank loan..Sweet weping jesus, i have much to thank God for and I do participate as a lector in my Holy cross episcopal church…weekly my VA approved companion full blood Lassie collie goes with me to church every sunday..I am not a bible thumper by any means but I do read 2 lesson when its mu turn to a congrgation of approx 400. Never knew how much i would love doing that..they like my ‘radio” voice which i am blessed to have following my staff announcer days at KJOI FM in beverly Hills back in 78-82 (also managed Ouiet Riot, a metal band “Come On feel The Noise, Girls rock yoiur Boys. (Chere Bono was a late night ‘fan” of mine i even have one of only five lovely signed portraits of cher ” To bruce, the Voice, With Love, Cher”//how bout them apples?

  40. I like to save & print that Bruce Script/articles

  41. Bruce. I am sure you can do it if you want to do it. Much like you I let life happen to me as opposed to planning it out. Most of my life happened to me because of athletics. Football got me out of my small town living and into college. When I busted my knees and football was not as easily played I moved on to boxing where I managed to fight in Madison Square Garden twice. Fight two heavyweight champions. Fight Joe Fraziers kid Marvis. Work out with Muhammad Ali and see him get his lip split open by an ex con named Jeff Sims. In between all of that, life happened to me. But back to you. Start writing. How about a Stephen King twist to some of your psych sessions on the prison ward. Or maybe a Hemingway twist to the Sun also Rises for the unplanned trip through life. Another thing that might bring you joy is sharing your knowledge by teaching others. I spent some time down in the Villages in Florida. An over 55 city where I was told that their education system for employee children is the equivalent of an AA degree by the time the kids graduate high school. Much of their success is attributable to the “old folks” from the villages volunteering their time teaching the kids. You know a 75 year old nuclear scientist showing little Billy how fast the speed of light really is. Or whatever. You obviously have been around. Why let all of that die with you. Someone can benefit from where you have been and what you have done. They have a lot of programs like “Big Brothers” as well. There is someone out there that you can enlighten I am sure. Write the book. Make a buck. Help a kid. Show someone the way.

  42. Dr David..U R just what the “Doctor Ordered”..by any chance R U a psychiatrist:-) I will look into your suggestion..I am quite scatter brained and do find myself “sauto switching as various thoughts and subjests trigger related events..it is true whan I say my life has been ver eclectic, like Forrest Gump. Jack Kerouac, Ken Kesey, etc…we humans all have our PASSAGES (as gail Sheey so apty wrote back in the 60s..I met Gail, also Gloria Steinam, Sylvia plath, Fritz perls (Gestaltist/humanistic psych), and thats just in my Monterey/Carmel/Big Sur phase back in the 70s..like Gumps T shirt with the smiley face showed when he stopped cold on his cross counry jog, turned around and for all the world to read..SHIT HAPPENS, which has most certainlly been the bellringer in my entire life..nothing really planned, no expectations just good shit and bad shit, “SHIT HAPPENS”…I doubt I could keep up a straight line strean of conscennous (sp?) and with my berserk typing skills (if one could call my writing “skilled”..I doubt I could get thru my 78 year Passage thru life…but maybe I can take advantage of those last 3 seconds you mentioned..what has been a glimpse of your own PASSAGES?

    A new friend, Bruce Nelson, Banner R Elk, NC

  43. Bruce. You like to write and you have much to write about. I believe you can self publish books or “writings” on Amazon and sell them on Kindle. I have bought a few for info I wanted to explore and it does not seem like a difficult process if you have something to say and someone wants to hear it. Perhaps you could supplement your income like that. Also you could sell your “book” on ebay. You like to write/vent. Maybe you could make some money doing what you are going to do anyway. I am off to the court house to file some more papers. I found an old poem entitled “Don’t Quit”. I put it up on my wall to remind me. I also remember a wrestling match with the state champ where I was up about 10 points on him when he flipped me over and got me on my back. I struggled and struggled and struggled and thought I could struggle no more. He pinned me and won. I looked up at the clock and there were 3 seconds left. If I could have just made myself fight for 3 more seconds I would have won.

  44. DearDr. David…in so many ways you are on the money with what you comment on. In many ways I do agree with you. But I am not a nihilist. I spent my earlier days raised in a Republican family, very middle class. I had believed in what my parents believed and I had a wondefl “Father Knows best youth. I became an Episcopalian as a oys choir soprano, and enjoyed being a youth into teenagehood with values I learned throughout my years always commited and active in my Church of the Good Shepherd in Jacksonville, FL. I was a Travelers Ins brat my dad having been transfered from Hartford when I was but 4 yrs old, a 4 yr older brother I always looked up yo, a wonderful Mother who broke the glass ceiling when I was old enough to be trusted as she became a life long Medical Assistant, My neighborhood was “typical mid class and Southern with Negro ladies busing from ‘;shanty town to clan homes of us whites and who sang wonderful godpel songs as they toiled . But as I sr=tarted to grow into a young teener I always felt something was wrong being raised in the South. I’ll not nelabor the “change” that began to overcome me as I self learned all that was wrong with being raised in a region that seemed filled with whites hating and tormenting Negros, 3 toilets at gas stations, lynchings of negros and as i neared graduation from Robt E Lee Sr High in 1957 I knew I hated ther South and at 18 I escaped the South by enlisting in USAF…landed on the “left coast” and raised my own family in a far more wholesome life style. Iwas, however engrained in the GOP and many years later I began to learn thre GOP was not all that “grand”. when Cheny/Bush brought us to war in Iraq under false reasons, the scam over yellowcake, the loss of thousands of our troops, the realities of what the GOP really stood for which changed my beingness dramatically..I became anything but a Republican and quit the lunacy I had come to beieve was the wrong path for me. I burned my lidelong GOP card whenthe truth of Iraq was revealed and I had finally really “grown up an saw the world in a different liht.. I digress but point being I knew my life was headed down a far different path, personal family tragedy, raising my 3 children as a divorced father froma tragic wif of 18 odd years. Leftmy self made career as a succesful ins broker in Sillycon Valley B4 it was known as Silican valley. Retruned to education as an adult re-entry at UC Santa Cruz with a BA in Psych. No longer part of the 30 yrs to retirment life, Did my MA in Criminal Psch as an intern at Soledad prison counseling max security inmates most of whomwere ex Nam vets who reurned to a country that hated them, spit on them and disowned by their own families, turned to life as leaders of BGF, Aryan Brohood, Meican mafia, serving time in prison and deservedly so for the crimes commited, eben spent over 70-+ hrs in solitary sessions with the infmous assasin of RFK, yes my life was changed. I had much of the self esarned “good’ life, having lived in the “right neighborhoods, owning several beautiful homes, even lived in th rooty tooty Del Monte Forrest..burned out after 900 hrs of 6 day weeks doing volunteer work at Soledad Prison and moved to LA and became a radio announcer and even managed a “hir band (Quiet riot ) a well knon LA street metal band for several years..an eclectic Gumpian/kerouc life style in an ever changing world.

    This only a thumb sketch of my life as I began to age. A somewhat very interesting and fascinating life as a single father, a few “kovers along the way but allthe while a world that began to change all our values , dreams and lives. Yes, “Doctor My Eyes Have Seen the Years Through a Slow Parade of Fears” as Jackson Brown wrote in his anthem and my own anthem as I drove some 35 miles one way 6 days a week to Soledad (“Place of Sorrow” so properly named/Hispanic)

    I do prattle on but my passage led me into the chaos od the early to mid 2000s as I became embattled with AHMSI and the likes of Wiibur Ross’ who did so much damage to middle class America, frought with Messianic Delusions of Grandeur, greed and “Don’t Give a damn About a Greenback Dollar (Hoyt Axton my high school mate back in my Jacksonville teen years) songs of sorrow sung by enlightened songwriters, so often so sagefull. I “lost” my war with AHMSI, my life asunder but I nver lost my will to try to fight back in a rigged and losing battle…I live now, on ssa and a very small service connected disability comp 9$139 pm) and am at yet still another “war” witha VA that rejects my ptsd and my late life hearing loss from some 2000 in flight air crew member as a Flight Attendant/Loadmaster on C-97 Stratofreighters over the entire S paific during the “secret war” in Laos/Cambodia, the precursors to Vietnam and the loss of over 55,000 young Americans some of whom landed in Soledad as familiys ans our society rejected their call yo duty in a loosing war. I await my F9 hearing to be held in Winston Salem, date not yet set, to fight my final battle for compensation I surely am entitled to but may never receive as our VA runs its business same as an insurance company, finding ways to protect he “bottom line” by resisting comp pay for so many vets who are in way worse shape than I. I find solace as I have retruned o my Episcopalian faith of my youth, now a Lector at Holy cross communion services. A passage of life come full circle as my faith in God restored once again as I pepare to, Ipray, meet my Makr in the not to distant future.

    So here i am, using Neils blog mre or less as a therapeuic psychological arena to vent my bitterness over the likes of a Ross owned AHMSI, batttles hard fought but likely lost as the end days near for me. But I hope, perhaps, I leave some bits and pieces of a life that mght in a small way help others and especially or woundd girls and guys who fight as we Americans always have for what we believe in as right.

    I thank any of you who suffered this diatribe I write with all its typos uncorrected as the blurre of my blind left eye does not let me type and read screen at the same time..Just hope you might get my gist. I urge all of you who suffer at the miscarriage of a justice seemingly in control of the likes of the Embet and Rosesof our world. We made it and they take it.

    God bless All of you fellow Americans and thank you, neil for this log I abuse as therapy for myself.

    bruce r nelson
    Banne Elk, NC

  45. better to die decent than living fraudelant

  46. better to die decent than living fraudelant

  47. Bruce: Sorry. I’m right there with you. It took this 7 year fight to prove to me that we live an allusion. The world we thought we were living in does not exist. The justice we thought was available to us is not available to us. The rules were not meant for us and are not enforced for us. They are twisted and disregarded and overruled to keep a system of corruption operating. And as you know the corruption is systemic. What is disheartening is that there is nowhere to hide and fighting is futile. Right is not right. Might is right. And we do not have the might. Hang in there Bruce. It could be worse. It can always be worse.

  48. “neidermeyer” You have no idea how very much your comment(s) re my comments comfort me, re ” the evil that men do lives after them, the good if of interred with in their bones” ( a poor rendering ot Marcus Antonious eulogy at the eulogy of the death of Julius Cesar) “so let it be with Cesar for he was a noble man”…lines I oft repeat to myself when I envision the deaths of un-noble men such as Wilbur Ross and Bill Erbey, the gutless ex-CEO of Ocwen who grabbed his loot and sailed away to Malta to evade extradition for his SEC and FBI criminal prosecutions for stealing (with the aiding and abetting of his life long partner in crime, our newest Secretary of Commerce, Wilbur Ross Jr, anointed for his crimes by Donald Trump. Ocwens hencemen and women employees who carried on with the debauchery taught them by Ross and Erbey, carried on with the raping of those of us scammed by the Rosses and the Erbeys who, in legions with other rip off servicing outfits wrought hell, fire and brimstone upon middle America with their scams, schemes and dreams of looting millions of us of our miniscul assets with our our homes, earned and saved for by the honest hard working and innocent American citizens. And even worse they pulled this off under the very eyes of CFPB Director Richard Cordrey, former Attorney general of Ohio and further under the sanctions of unscrupulous Federal Court Judges who thew us to the lions by refusing to uphold the Truth In Lending (TILA) laws passed by Congress for the very reason of protecting us honest citizens from being pillaged by the likes of Ross and Embey. The federal Judge, Anna Brown, 12th Dist fed Ct, Portland disregarded the very fact and ADMISSION by Ross/AHMSI attorney in 12th Dist Circut Ct, Polk County, OR, on direct question by Judge Horner “Ms Shill, do you have the “NOTE” and to which she responded, under oath, “no, your honor, we do not”…This is a matter of public record and anyone with a modecum of research skills would fing Horners judgement and orders to that effect by contacting the 12th Dist Circut Ct, located in Dallas, Polk County, Oregon and any legal beagal could see this by researching Pacer which most every attorney in the USA has access to.including the law clerks that cater to he likes of judge Brown. yet she listened to the attorneys for AHMSI/OCWEN/HSBC whine about why Mr. Ross interests in “claiming he/AHMSI had possession of the very note Schill under oath testified, in a court of law that AHMSI did not possess the original note, the only evidence a claimer of interest and standing of any real estate property could have to claim ownership.

    I am just a middle class schmuck, no lawyer but I did my homework and followed ever detail of TILA requiring 3 notices and QWRs to which all through 2008 after Ross AHMSI, I allege caused the events leading to the death of my troubled 44 year old son, Michael David Nelson, on 2/16/2009.

    The acting CEO of AHMSI had assured me that AHMSI would produce the requirements under TILA on my written request to Mr Freidman (David) in March of 2009. I advised Freidman that if he produced the original (certified original by an authority who would attest to the original note supposedly in possession of AHMSI). He could not produce that evidence and if he had I would have abandoned my effort and return to my work as a Homeland Security passed test as a Historical Interpreter for Washington State owned Lewis and Clark Interpretive center at Cape Disappointment, Ilwaco,WA. Friedman mysteriously departed AHMSI either by choice or by lay off of company owner Wilbur Ross, sole owner and authority to terminate AHMSI executives. I have no proof of that but the stench for that likelyhood was very strong in my nose. I fought with tong and hammer thru 11/09 to get the various passer downers and lackys of AHMSI to honor TILA but instead iwas stonewalled at which point I fled pro se suit against AHMSI and they never showed for trial claiming they were improperly served. Thats when Teresa Schill came to AHMSI rescue and met judge Horner, in camera, without me present and Horner submitted to her demands for a special court hearing which took place in Jan 2010 and at which point and place shew weny on record denying AHMSI did not have the “NOTE” (nor tthe original mortgage.

    I have Judge Horners original finding orders framed in my paupers condo here in banner Elk, NC.

    I apologize for the lack of brevity as I use Neils blog as “therapy” given I am a 78 yr old disabled vet suffering ptsd much exacerbated by the unending stress put upon me by the USA Secretary of Commerce, Wilbur Ross who in concert with with Embeys OCWEN and GOD knows how/why HSBC became a litigant against is is beyond all under standing. No, I have no direct way to fight my battle, Ross made me a pauper and in 2009 no Oregon attorney would get within a New York mile without some $10k retainer and at that most attorneys at that time knew less about TILA than did I, believe it or not.

    Thank anyone who reads this with all my broken heart at the loss of my son and the loss of 580 Riverview, Salem,OR. I harbor no fantasy that i have a prayer in hell of any recovery. The Rosses of this world own us all lock stock and barrel and the federal Ct Judges ave sanctioned that in my case.

    God Bless all of you and God Bless America.

    bruce R Nelson
    banner Elk, NC 28604

    my apolgies for many typos as I explaained earlier my sight disability is the reason. sorry about that

  49. Mr. Bruce R. Nelson ,,

    I agree with your sentiment 100% ,, I have irrefutable evidence proving collusion between Ross and Erbey to defraud several hundred borrowers .. the evidence was brought forward in a $650Million Federal suit that brought to light that every note in trust “Option One Mortgage Loan Trust 2007-FXD2” was fraudulently originated and that the actual underwriter of the notes (originally just over 800 notes) was not disclosed on the note making the notes VOID. Neil Garfield has my data and agrees that it needs to be litigated or investigated. Pam Bondi has the data but is doing nothing.. I have attempted to goad Erbey (or his successors) to sue me by leaving truthful comments on financial commentary websites that is very derogatory to OCWEN… They won’t do it.. they know it’s truthful.

  50. On a serious note… i think Neil’s point of attacking the validity of the original transaction (previously preached about by former LivingLies blogger and “neighborhood malcontent” now banned – Bob Hurt – sorry Bob) is the most essential part of this “complete breakfast”… In other words, if you can defeat the presumption that the Emperor has New Clothes – when in fact he is stark naked… then the subject matter for the foreclosure goes out the window and there is no jurisdiction in equity! Certainly, if a party claims you owe a debt to them (yet unsecured), they have legal recourse, but NOT in equitable foreclosure court. It would have to be “in law”… and interestingly, dischargeable in whole or in part in bankruptcy, at least restructured.

    So
    #1 quit admitting that they hold a valid mortgage and make them prove it.

    #2 get your old records scanned and converted into PDFs so you can organize them for your proof of claims

  51. Dear Javacold..trudt me I havecavcerns full of endless efforts with CFPB, Ocwen, you name it. If I were not living only on my ssa I would spend whateverto sink OCWEN, ROSS, et al…but I do appreciate yourbrief reply. Thank you

    Bruce (geezerkatz) nelson

  52. Mr. Cement Boots…you hav absolutrly nailed the hammer square on the head…i invite you to forward this to every Senator and Congress persons in existance…I know thai sam “Taking Dog” and the littler bitch has told me the exact same lies and more lies and saftrer that a whole bunch mure lies…proof is seen that on Frumps golden toilet (cabinet) sits a theif, a rotton stinking no accouint theif and Frump made this lying dog his SECRETARY OF COMMERCE! Holy Horse shit..I nor yopu can make up the stuff we blather about on neils otehrwise insightful sight…my problem is I have never in the years since 2009 I have been shit on my this luing theiving creep but hardly any of neils commenters seem to get my message. I continue to beg Wibur Ross to put his billionaire ass on a Judicial Winess stand and testify as to why he is being libeled by me. But, as I have siad a number of times on this bolg..he is pure chickenshit, he ain’t about to let a 78 yr old indigent disabled vet life his gurly skirt up for the world to see..ugn, U nown that notion just crossed my mind (grateful Dead) the very thought of looking under his gurly girl skiry is nauseating!

    Geezerkatz, off on his usual rant but tour humor is right on the martk!

  53. Dear Doctor Neil,

    I cite the below quoted from your recent postings:

    “Most of the cases where borrowers have been  victorious have been silenced by seal of confidentiality for which Ocwen and others have paid substantial money to prevent the news from getting out into the public domain.”

    On its face, such a comment sounds just like the very problem of unsubstantiated presumptions of the foreclosing parties.  That comment, though very appealing, does not include any proof.  Is any available?

    Secondly, if successful borrower files have been sealed ( a very outrageous slice of case law manipulation) and the Owens of the world have paid to silence the information, where us your proof and how do you personally know of such legal concealment?  Ostensibly, some people in the legal system, if true, have generated egregious cover ups that preclude justice for all.

    Please talk to me about how you know and about how the cover up can be applied to current foreclosure defence.

    Better yet, make your reply part of a future Living Lies blog entry.  The entire subject is very distressing.

    Thank you,

    Ed Caplinger

  54. Now to attack the presumption a “borrower” must qualify to get justice!

  55. Bruce Nelson. You/We are on our own. You Know that. You know what needs to be done.

  56. Does this remind you of any lawyers, bankers, servicers or judges you’ve met in the “Hunt for Red Foreclosure”?

    Talking Dog For Sale – Must Go!

    I was out mowing my yard last Saturday when I noticed a large sign on my neighbor’s front porch…

    Talking Dog For Sale – Must Go – Will Take any Offer!

    Well I could not resist.

    I walked over and saw him trimming hedges.
    I said “Hey Frank, what’s with the sign, I didn’t even know you had a dog.”

    He replied, “Yeah, my Aunt passed away and I got it from her a week ago – I just can’t take it anymore!”

    “Take what?”, I said.

    “Come in and see for yourself”, Frank insisted.

    So we went in and found the dog sitting on the couch watching TV.

    I sat on the chair next to the couch. I leaned over to the dog, thinking it was nonsense and said,
    “Hey, so what’s up with you?”

    To my amazement, the dog looked me in the eye and began to speak…

    “Well, I started out life much the same as most dogs… but then because of my talents, I was recruited by the Army, spent 3 years in Afghanistan before being sent to Germany to work at the US Embassy, then they needed somebody in Iraq to sniff out bombs so I volunteered… I retired and was adopted by Frank’s Aunt here as a blind assist dog, but was bored, so I began volunteering to read to a bunch of seniors at the nursing home in the morning and then helped sort books at the library in the afternoons… On the weekends I just hang out and do crossword puzzles.”

    Stunned, I turned to Frank and said, “Are you out of your mind, this dog is amazing! Why in God’s name would you want to get rid of him?”

    Frank answered, “He’s never done any of those things! He’s a damn liar and I can’t take his bullshit anymore!

  57. BTW – I hope you all in Broward County are doing OK post Irma… what a mess… our thoughts and prayers are with you and all our Florida friends & family!

  58. I have replied many,many times re Wilbur Ross, the mortgage servicing theif and former sole owner AHMSI which he palmed off to his Ocwen pal, Erbey who made Ross his senior BOD advisor…these shitz conned q12th Dis fed Ct portland, OR Judge Anna Brown to ‘dismiss me, pro se WITH PREJUDICE…she GAVE my THREE HUNDRED FORTY THOUSAND DOLLARS FREE AND CLEAR EQUITY TO OUR now Secretary of Commerce under Frump, WILBUR ROSS who has yet to be challenged by Rachel Maddow or any other journalists for this vulture capitalist of WallSt as his finace pals refer to Ross. I have libeled Ross, defamed Ross, Slandered Ross for ever since 2009..the gutless bastard will not even sue me for Libel/Slander/Defamation because he is a gutless theif robbing from the poor and fattening his own greedy wallet…as you well know Ros might “win” in suing me but same as the ater Anthony Hopkins who played the Nazi Doctor in QB7 movie..that haracter sued his lineler and won…to the tune of his damage to reputation…ONE PENCE..I would love to loose such a case to Ross..but being a chickeshit he won’t risk suing me (he already stole $340k from me) because the evidence is SO STROMG he may very well loose some of his billions to a jerkwater pauper like me. IF were to win I would take his assets and spread it amoung other like Ross victims as far as it would reach…but he is a chicketshit. Imagine this beast, this theif is in CHARGE of the USA COMMERCE!!!! There is little true justice in this world but if a Maddow or any of MSNBC scratched the surface of Ross they would have a blockbuster of a report and perhaps get this bitch tossed out of commandering the Dept of Commerce…talk about feeding lambs to wolves!

    I am no prankster, just a big mouth which not a soul has ever responded to..not you, not hardly anyof your commenters. but thats ok..I live and will die with the damage this gutless greedy pig has done to me..og yeah..I would also allege that he is responsible for my 44 yr old sons premature death as AHMSI yanked my boy all over shitz cereation faking his approval for a loan mod (which I sent cash to may son, $1400. to obtain the loan mod and for which he was promised a prepaid $250. debit card for filing for the Loan Mod. AHMSI kepthis $1400. never sent his $250 “bonus” card and put my son, I allege in his death bed in the very home I have fought so dilligentlu, but unsuccessfully to salvage. Even CFPB shot me and others a line of bullshit as to how CFPB was “helping” fools like me..Ocwen pissed all over Richard (first name of CFPB Director) who for a brief period in history I had believed had come to my and other s rescue..what a scam CFPB turned out to be thinking they could outwit the likes of Ross and Embey..hoo ra!

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