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Page 1 of 11
)
)
Plaintiff-Counterdefendant/
)
Appellant,
)
)
v.
)
)
DANIEL HARVEY,
)
)
Defendant-Counterplaintiff/
)
Appellee.
)
)
)
)
_________________________________ )
Court of Appeals
Division One
No. 1 CA-CV 07-0309
Maricopa County
Superior Court
No. CV2005-004469
O P I N I O N
Phoenix
Phoenix
Document #1527076
Filed: 12/14/2014
Page 2 of 11
R Y A N, Justice
1
In
this
opinion,
we
address
whether
court
may
sale.
The
$150,000,
with
$68,000
due
closing.
Harvey
was
to
day and accepted by Queiroz, retained the closing date and the
earnest-money requirement, but changed escrow agents.
Harrison
faxed the contract to the escrow agent on December 10, but sent
no earnest money during the following week.
3
Document #1527076
Filed: 12/14/2014
agent
cancelled.
told
the
Page 3 of 11
agent
that
the
contract
was
Nevertheless, on the
the contract.
The
his
own
money
with
Queirozs
funds.
The
court
Document #1527076
Filed: 12/14/2014
Page 4 of 11
funds,
Finally,
knowing
the
court
that
Harvey
found
that
had
cancelled
Harrison
had
the
contract.
not
testified
truthfully.
5
or
dishonest
principal
for
purposes
acts
of
Queiroz, __ Ariz. at
an
not
equitable
be
attributed
defense
absent
to
the
Id. at
Queiroz
knew
of
Harrisons
conduct
and
therefore
could
not
decide whether the superior court would have reached the same
result based solely on Harrisons misrepresentations about the
escrow
check.
Id.
further proceedings.
6
We
granted
at
32.
It
consequently
remanded
for
Id.
review
because
whether
an
agents
ARCAP 23(c).
We
5(3)
have
jurisdiction
under
Article
6,
Section
of
the
Document #1527076
Filed: 12/14/2014
Page 5 of 11
II
7
trial
courts
grant
or
refusal
of
specific
Kimball v.
Queiroz does
See
MacRae v. MacRae, 57 Ariz. 157, 161, 112 P.2d 213, 215 (1941)
(It is a cardinal rule of equity that [one] who comes into a
court of equity seeking equitable relief must come with clean
hands.).
Rather,
Queiroz
argues
that
mere
agency
E.g.,
law,
an
Restatement
agents
(Third)
acts
of
bind
Agency
the
agents
6.01
principal.
(2006)
(stating
of
by
assent
an
ratifies
agent
made
an
agents
incident
to
conduct).
or
contract
had
actual
conveyance
or
.
circumstances
affect
Document #1527076
apparent
under
authority
Id.
which
principals
at
to
make
6.11.
legal
position
the
This
representations
Filed: 12/14/2014
in
Page 6 of 11
contract
includes
made
by
actions
an
or
the
agent
brought
to
Id. at cmt. a.
seeking
specific
performance
inequitable conduct.
may
be
bound
by
an
agents
The
Restatement
and
the
cited
cases
are
consistent
with the duties both agents and principals owe to third parties
in the context of the sale of real property.
See Lombardo v.
Albu, 199 Ariz. 97, 100-01, 13-15, 14 P.3d 288, 291-92 (2000)
(noting common law and regulatory duties).
rule
that
the
consistent
principal
with
is
bound
long-established
by
his
In addition, the
agents
principles
of
conduct
equity.
is
See
Dawson v. McNaney, 71 Ariz. 79, 87, 223 P.2d 907, 912 (1950)
(equitable
justice
rule
and
will
not
perpetrate
be
a
applied
fraud);
to
defeat
Giovani
v.
the
ends
of
Rescorla,
69
Ariz. 20, 25, 207 P.2d 1124, 1127 (1949) (equity denies title to
6
(Page 26 of Total)
property
Document #1527076
obtained
concealments,
or
through
through
Filed: 12/14/2014
actual
fraud,
undue
Page 7 of 11
misrepresentations,
influence,
duress,
taking
Each
Principals
rule.
The
implicates
court
the
moral
equitable relief.
at __.
concluded
that
the
blameworthiness
unclean
of
the
hands
party
doctrine
who
seeks
found
support
for
this
proposition
Id.
principally
in
The
one
None of
94
conclusion.
Ariz.
40,
381
P.2d
581
(1963),
supported
its
Id.
this
must
to
mean
that
principals
themselves
act
willfully.
The court
7
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Filed: 12/14/2014
Page 8 of 11
Id. at 31.
In this
effort
to
defend
itself
against
charges
of
seeks
inequitable
contract.
specific
acts
committed
by
his
by
own
Here, in contrast,
relying
agent
on
to
the
secure
very
the
8
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Document #1527076
Filed: 12/14/2014
Page 9 of 11
IV
15
Queirozs
ineffectual.
additional
arguments
are
equally
There
are
cases
in
which,
as
matter
of
fact,
The principles of
As
between
the
principal
who
has
retained
an
be
forced
claim,
of
to
perform
course,
is
the
belied
sale-and-financing
by
the
contract.
transaction,
which
requires Harvey not only to sell the property, but also to carry
the mortgage for Queiroz.
9
(Page 29 of Total)
relationship
Document #1527076
with
Queiroz.
Filed: 12/14/2014
Cf.
Copylease
Corp.
Page 10 of 11
of
Am.
v.
order
specific
performance
of
contracts
which
are
not
of
acts
and
cooperation
between
the
parties
for
the
imputed,
superior
it
was
courts
actually
inequitable.
findings
that
We
Harrisons
defer
to
conduct
the
was
supports
the
inequitably.
superior
Harrisons
courts
conduct
that
misled
Harrison
Harvey
acted
regarding
Document #1527076
Filed: 12/14/2014
Page 11 of 11
For
the
foregoing
reasons,
we
vacate
the
court
of
_______________________________________
Michael D. Ryan, Justice
CONCURRING:
_______________________________________
Ruth V. McGregor, Chief Justice
_______________________________________
Rebecca White Berch, Vice Chief Justice
_______________________________________
Andrew D. Hurwitz, Justice
_______________________________________
W. Scott Bales, Justice
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Document #1527076
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xxxxx6044
DISCHARGE OF DEBTOR
It appearing that the debtor is entitled to a discharge,
IT IS ORDERED:
The debtor is granted a discharge under section 727 of title 11 United States Code (the Bankruptcy Code).
BY THE COURT
Dated: 7/19/10
Robert H. Jacobvitz
United States Bankruptcy Judge
Case 10-11558-j7
Doc 20
Filed 07/19/10
Document #1527076
Filed: 12/14/2014
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This information is only a general summary of the bankruptcy discharge. There are exceptions to these
general rules. Because the law is complicated, you may want to consult an attorney to determine the exact
effect of the discharge in this case.
Case 10-11558-j7
Doc 20
Filed 07/19/10
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8/13/2014
Document #1527076
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Close
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sole use of the intended recipient(s) and may contain confidential and privileged
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8/13/2014
USCA
#14-5265
Document
#1527076
Filed: 12/14/2014
Page 2 of 8
Best N
umberCase
to Ca
ll During D
ay: 312 8
34 9717
Phone: 312-545-4554
E-mail Address: Ldms4@hotmail.com
Name: Western Progressive Arizona Inc./Ocwen Loan Servicing Arizona Street Address:
2002 Summit Blvd Suite
City: Alanta
State: Georgia 30319
Zip Code: 30319
Phone: 866 960 8299
E-mail Address:
Website Address: http://www.altisource.com/ May we send a copy of this to the
person or firm you are complaining against?
Yes
Please explain the entire circumstances surrounding your complaint below:
CHRISTOPHER STOLLER
P.O. BOX 60645
CHICAGO, ILLINOIS 60660
312-545-4554
Ldms4@hotmail.com
August 14, 2014
SERVICE LIST OF ARIZONA ATTORNEY GENERAL COMPLAINT
TO: RESPONDENTS
Ronald M. Faris
CEO/President
Ocwen Loan Servicing Arizona
1661 Worthington Road
West Palm Beach, Fl 33409
877-596-8580
www.ocwencustomers.com
William C. Erbey
Chairman of Altisource Portfolio Solutions S.A.
http://www.altisource.com/
888-255-1791
William Shepro, Director
F. Brian Sachnidermman
Mel-Ling Mitchell
Roland Muller Ineichen
Timo Vatto,
W. Michael Linn
Michelle Esterman
Keven J. Wilcox, Esq.,
Joseph Davila
Mark Hynes
C Martin Cliff
Western Progressive Arizona,
2002 Summit Blvd, suite 600
Atlanta, Ga 30319
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8/13/2014
USCA
Case
#14-5265
Document #1527076
Phone:
866-9
60-82
99
stephanie.spurlock@altisource.com
http://www.altisource.com
Filed: 12/14/2014
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Case
#14-5265
Document
#1527076
Filed:
Page
4eof
connec
tion w
ith s
ame, includ
ing the A
djustable Rate
Note12/14/2014
secured by t
he De
d8
of
Trust was filed with the Maricopa County Recorder Office
2014-0512240 08/04/14.
Notice(s) of Liz Pendens was filed on the subject real estate on 12/29/2008
2008-1090943 with the Maricopa Counter Recorders Office and again another Liz
Pendens was filed on 12/02/2013 2013-1025435.
CSPPSP, Christopher Stoller and Leo Stoller have served notice pursuant to the (1)
Three Day Notice of Rescission, (2) Three Year Notice of Rescission and (3) General
Claims Notice of Rescission or Nullification. (4) There are defects in the Trustee
Sale Notice (a) Philip B. Stone, as of 7/23/2014 does not owe a delinquency payment
of of $197,142.49. Nor does Philip B. Stone, as of July 25, 2014 owe unpaid
principle balance of $646,683.87,plus interest from 02/01/2008.
Philip B. Stone's promissory note secured by a Deed of trust and the adjustable
rate note together with the deed of trust securing same was canceled as a result of
the United States Bankruptcy Case 10-11558-17, District of New Mexico and the debt
discharge, July 19, 2010.
The former Trustee, Reconstruct Co NA, was not registered as a loan servicer,
broker with the Arizona Department of Financial Institutions as of September 9,
2011 and pursuant to their Notice of Trustee Sale Arizona recorded in the Maricopa
Recorders Office 20110752511 on 09/09/2011 and lacked the authority to transact
business within the State of Arizona. The Trustee Sale Arizona was void ab initio
and canceled by the Trustee.
ALTISOURCE PROFOLIO SOLUTIONS S.A /Western Progressive Arizona Inc., Western
Progressive LLC., William Shepro, Director, F. Brian Sachnidermman, C. Martin
Cliff, William Erbey, herein after referred to as(WPAI) (Substitution Trustee) is
not registered with the Arizona Department of Financial Institutions and is not
licensed as a broker or servicer of mortgages as of the date July 02, 2014 that
WPAI filed with the Maricopa Recorders Office its Substitution of Trustee (
20140433956).
Christiana Trust, a division of Wilmington Savings Fund Society, Trustee of ARLP
Trust 3, s not registered with the Arizona Department of financial institutions and
is not licensed as a broker or servicer of mortgages as of the date July 02, 2014.
Nor are they registered with the Arizona Corporation Division and they do not have
a corporation certificate of authority to transact business within the State of
Arizona.
On July 21, 2014 WPAI filed their Notice Notice of Trustee Sale and Debt Validation
Notice, Statement of breach and non performance, and these documents were recorded
with the Maricopa Recorders Offices on July 23, 2014 20140480249.
The successor Trustee WPAI does not qualify as a Trustee of the deed of Trust in
the Trustees capacity as an escrow agent as required by A.R.S.
33-803 (A)(6) according to the Arizona Department of Financial Institutions.
WAPI is not a registered Trustee, they have no license.
The statement of breach or non performance falsely claiming that Philip Stone is in
foreclosure because he is delinquent in payments is a false and misleading
statement, because Philip Stone debts have been discharged in Bankruptcy Case No.
10-11558-17 District of New Mexico. The Debt discharge date was July 19, 2010.
The beneficiary or substitute Trustee lacks the authority under the release and
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#14-5265
Document
#1527076
Filed:
Page
of
full c
onveya
nce o
f the Trust
ee Deed a
nd the cancell
ation12/14/2014
of all of de
bts,5i
nc8
luding
the adjustable rate note, secured by the Deed of Trust and the Title of the Subject
Property being in the name of CSPPHP and cannot not be sold under the conveyance of
the Deed of Trust.
Pursuant to the Substitution of Trustee dated June 9th, 2014 Recorders Number
20140433956, Mel-Ling Mitchell, Contact Management Coordinator, is not an Officer
of Ocwen Loan Servicing LLC and is a unauthorized robo
signer.
BAC Home Loans Servicing, LP., (BAC) the successor to Countrywide Bank Na, was not
registered with the Arizona Corporation Division, was not registered as a Limited
Liability Partnership as of April 9, 2009. BAC was not registered with the Arizona
Department of Financial Institutions. BAC had no authority to convey any assignment
to RECONSTRUCT COMPANY, N.A. or Ocwen Loan Servicing LLC.
On June 3rd, 2014, the Maricopa Country Recorders Office recorded a fraudulent
assignment The record beneficial interest under said Deed of Trust as a result of
the last (fraudulent) recorded assignment thereof is Christiana Trust, A Division
of Wilmington Savings Fund Society FSB, not in its individual capacity but as
Trustee of ARLP Trust 3, by an unlawful instrument Recorded on June 3, 2014, in
Maricopa County Records at Recorder's No. 14-360515 c/o Ocwen Loan Servicing LLC
5720 Premier Park Dr West Palm Beach Fl 33407.
A representative of Ocwen Loan Servicing LLC, who claimed to be an agent, Chirag
Patel, on March 26, 20141, informed Christopher Stoller, that he was required to
have insurance for his property pursuant to a residential mortgage and since
Christopher Stoller has refused to provide a copy of the insurance, Ocwen was
placing insurance on the subject property and would be charging $3,000 annually,
for a home owners insurance policy that would generally cost about $300.00 per
year.
The alleged successor Trustee WAPI did not perform due diligence as to who the
current owner of the subject property is and is attempting to unlawfully foreclose
on Stoller's property.
WAPI is not entitled to enforce the said note or mortgage, which has been released
with a full re-conveyance of the Deed Trust and cancellation of the promissory note
and the Adjustable Rate Note securing the Deed of Trust. See
Re-conveyance of said Deed of Trust, Maricopa County Recorder Office
2014-0512240 08/04/14.
Ocwen Loan Servicing Arizona, WAPI are in violation of the Fair Debt Collection
Practices Act and the Federal Fair Debt Collection Practices Act by attempting to
collect on a debt from Philip B. Stone that is not owed.
In the fraudulent Substitution of Trustee Document Recording Requested by Premium
Title Agency, Inc., filed in the Maricopa County Recorder's office on July 2, 2014
20140433956, states that The successor trustee (Western Progressive -Arizona,
Inc.) appointed herein qualifies as trustee of the trust Deed in the trustee's
capacity as an Insurance Company as required by ARS Section 33-803, Subsection (A)
(6). The above is a fraudulent statement.
As of August 7, 2014 Western Progressive -Arizona, Inc., is not registered with the
Arizona Department of Insurance to do business in Arizona as an Insurance Company
according to Ruth Ojeda.
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Case
Document
#1527076
Filed:
Page
6 of
WAPI (
also k
nown#14-5265
as Altisour
ce Portfo
lio SA Solutio
ns), 12/14/2014
William D. Sh
epro,
Wi8
lliam
Erbey, Roland Muller Ineichen, Timo Vatto, W. Michael Linn, Michelle Esterman,
Keven J. Wilcox, Esq., Joseph Davila, Mark Hynes, breached their fiduciary duty to
the CCPS and Leo and Christopher Stoller, committing acts of gross negligence, Mal
practice, and Ocwen Loan Servicing Arizona, WAPI is liable for criminal land civil
remedies for attempted conversation, tortuous interference with the CSPPSP's
tenant, the Arizona and Illinois Consumer fraud and Deceptive Practice Act, Civil
Fraud, Aiding and Abetting, Slander of title,
NEGLIGENT HIRING AND SUPERVISION, FRAUDULENT MISREPRESENTATION/CONCEALMENT,
VIOLATION OF A.R.S. 13-2314.04, TORTUROUS INTERFERENCE WITH PLAINTIFFS CONTRACTUAL
RIGHTS, CONVERSION, PARTICIPATION IN A RICO ENTERPRISE THROUGH A PATTERN OF
RACKETEERING ACTIVITY:18 U.S.C. 1961(5), 1962, CONSPIRACY TO ENGAGE IN A PATTERN
OF RACKETEERING ACTIVITY:
18 U.S.C. 1961(5), 1962(D)
The lender does not own, control, possess, the note or the mortgage which
has been satisfied in full. The Title Agent(s), Premium Title Agency
Inc., Premium Title Services Inc., its officers, directors including but not
limited to Steven A. Nielsen, Donald A. O'Neill, Brian F. Schneiderman, Robert D.
Stile, Keven J. Wilcox2 (General Counsel) which may be the same as the Trustee, is
liable and also has insurance for errors and omissions for Title Insurance
Companies including the named agents, that issued the Policy and/or commitment will
have total liability for this fraudulent transaction to the extent it has knowledge
through its agents WAPI and/or Altisource Portfolio SA Solutions/WAPI is obligated
under Arizona State and Federal Law to immediately resend the said Notice of
Trustee Sale for November 12, 2014.
Under the State and Federal Law the promissory note and said Adjustable Rate Note
and the mortgage is now extinguished. You rights under the Trustee Deed have been
terminated.
Formal Notice is hereby served upon the Arizona Attorney General Office to forward
this Complaint to the named respondents.
Please confirm the retraction of the said Notice of Trustee Sale.
Dated 13TH day of August 2014
Christopher Stoller
State of Illinois )
) ss
County of Cook )
CERTIFICATE OF SERVICE
Service of this document is being made to all of the parties listed below by
depositing it in an envelope addressed to the person(s) above shown, with proper
postage prepaid, via certified mail and depositing the envelope in the U.S. Mail at
Chicago, Illinois on August 13, 2014.
Christopher Stoller
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Page 7 of 8
William C. Erbey
Chairman of Altisource Portfolio Solutions S.A. Loretta E Lynch
William Shepro, Director U.S. Attorney
F. Brian Sachnidermman Eastern
District
of New York
Mel-Ling Mitchell Richard K. Hayes
Roland Muller Ineichen Kenneth M. Abell
Timo Vatto, 271 Cadman
Plaza
East, 7th Floor
W. Michael Linn Brooklyn, NY 11201
Michelle Esterman
Keven J. Wilcox, Esq., Benjamin
M.
Lawsky,
Joseph Davila New
York Superintendent of Financial Services
One State Street
Mark Hynes New
York, NY 10004-1511
C Martin Cliff
Altisource Portfolio Solutions S.A. Ramona Elliott
Western Progressive Arizona, General Counsel
2002 Summit Blvd, suite 600 Executive Office for
U.S. Trustees
Altanta, Ga 30319 20
Massachusetts Ave., NW Suite 8000
Washington, DC 20530
Complaint Department
Arizona Department of Insurance
2910 N. 44th Street, Ste. 210 (2nd Floor) Phoenix, AZ 85018-7269
ARIZONA ATTORNEY GENERAL TOM HORNE
OFFICE OF THE ATTORNEY GENERAL
Phoenix Office
1275 West Washington Street
Phoenix, AZ 85007-2926
(602) 542-5025
Have you complained to the firm/agency/business? Yes What was their response? They
failed to respond Was an oral or written warranty given? Yes Did you sign any
documents? No Date of Transaction: 07/23/2014 Place of Transaction: Letter setting
a Notice of trustee Sale Total Amount of Damages: The Value Salesperson's Name:
Witness to Transaction:
Was the product or service advertised? : No If yes, indicate the date and how it
was advertised:
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Do you
haveCase
an at
torney? NoDocument #1527076
If yes, please provide the attorney's name and address:
Is any legal action pending? : No
List any other consumer agencies contacted:
May we provide your name and telephone number to the media in the event of an
inquiry about this matter? : Yes May we send a copy of your complaint to another
government agency for their review or investigation? : Yes Additional Comments: My
home is being unlawfully foreclosures upon. There is no debt owed. Please forward
my complaint to the appropriate agency.
Your Age: Over the age of 60
Military/Veteran Status:
How did you hear about our complaint form (please choose only one): Called Phoenix
AG Office Declaration 2: Christopher Stoller
Date: 08/14/2014
The results of this submission may be viewed at:
https://www.azag.gov/node/1112/submission/22960
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Filed: is12/14/2014
Page
2 of 5 owner,
TrusteeUSCA
Sale with
the #14-5265
Arizona Maracopa
Counter#1527076
Recorders office which
attached, against
the former
Philip Stone, of the said real estate, who's debts were discharged in bankruptcy.
Ocwen is in complete violation of the consent decree which is evidences by their latest Notice of Trustee Sale
documents which are attached. Ocwen is in contempt of court by the said filing.
I have contacted Ocwen, their third party agents, their attorneys, Robert R. Maddox, J.Riley Key, who are
aidding and abetting, Ocwen in their wrongful conduct (Thornwood, Inc. v. Jenner & Block, 799 N.E.2d 756
(Ill. App. Ct. 2003)) and Indirect Criminal Contempt of a criminal (Rule 42(b) is not to be tested by the more
stringent standards set for an indictment. See Bullock v. United States, 265 F.2d 683, 691-92 (6th
Cir.), cert. denied, 360 U.S. 909 (1959)).
I have demanded that Ocwen and its attorneys Robert R. Maddox, J.Riley Key, take the necessary
remedial action and withdraw the Notice of Trustee Sale for November 12, 2014 and Ocwen and their
attorneys have thus far refused in violation of the said consent decree. . I have filed attorney disciplinary
complaints against their lawyers in Florida. See attached.
The Alabama Bar has advised me that if Ocwen's attorneys Robert R. Maddox, J.Riley Key do not
immediately take the necessary remedial action to advise their client Ocwen to issue a
letter permanently rescinding the Notice of Trustee Sale attached hereto, the Alabama bar will
seek disciplinary action against Robert R. Maddox, J.Riley Key and the Georgia Bar will seek
disciplinary action against Timothy M. Hayes, General Counsel to Ocwen.
I have contacted Office of Mortgage Settlement Oversight, Monitor Joseph Smith, who informed me
that I should contact your Office of the Consumer Financial Protection Bureau and make them aware of
Ocwen's violation of the consent decree, evidence by the attached fraudulent Notice of trustee Sale. Mr. Smith
also directed me to the respective State Attorney Generals who have an interest in Ocwen's violating the consent
decree.
I am requesting that you direct a letter immediately to Ocwen, its officers and directors demanding that Ocwen
issue a letter to Christopher Stoller advising that the Notice of Trustee Sale set for November 12, 2014 is
permanently vacated otherwise we will be forced to file a Petition for Indirect Criminal Contempt against all of
the officers, directors and attorneys who represent Ocwen (a criminal contempt petition filed under Rule 42(b) is
not to be tested by the more stringent standards set for an indictment. See Bullock v. United States, 265 F.2d
683, 691-92 (6th Cir.), cert. denied, 360 U.S. 909 (1959).
Please respond by October 5th, 2014.
Most Cordially,
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#14-5265
Chicago,
IllinoisCase
60660
Document #1527076
Filed: 12/14/2014
Page 3 of 5
312-834-9717
email Ldms4@hotmail.com
cc:
Timothy Hayes timothy.hayes@ocwen.com
General Counsel
Ocwen Financial Corporation
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
________________________________________________________________________
From: info@mortgageoversight.com
To: ldms4@hotmail.com
Subject: RE: Ocwen is violating the consent decree Case No 13-cv-02025
Date: Wed, 1 Oct 2014 13:05:31 +0000
Mr. Stoller:
Thank you for your email. The Office of Mortgage Settlement Oversight has been created to assist Monitor
Joseph Smith in his court-appointed role to oversee the participating banks compliance with the national mortgage
settlement (NMS). The Monitors role is dictated by Exhibit D of the Consent Judgments with Ocwen and,
unfortunately, we are unable to intervene on behalf of individual homeowners. However, there are some
(Page 55 of Total)
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Page
of 5
resources
available
to #14-5265
help homeowners
and your #1527076
best option would beFiled:
to continue
working with
your4 states
Attorney General. In addition, you may also contact the Consumer Financial Protection Bureau at
http://www.consumerfinance.gov or 855-411-2372.
Thank you.
From: ldms4@hotmail.com
To: info@mortgageoversight.com
CC: lucy.morris@cfpb.gov; jeremy.shorbe@azag.gov; gary.tan@dc.gov
Subject: Ocwen is violating the consent decree Case No 13-cv-02025
Date: Mon, 29 Sep 2014 17:33:01 -0500
:Joseph
A. Smith Jr
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Case #14-5265
Document
#1527076
Re: Ocwen
is violating
the Consent decree
in Case
No. 13-cv-0202Filed: 12/14/2014
Page 5 of 5
Mr. Smith
Ocwen caused a fraudulent Notice of Trustee Sale of my family home in Scottsdale Arizona. I have advised
Ocwen and their third party representatives to immediately withdraw the Notice of Trustee Sale scheduled for
November 12, 2014 see attached documents, notices of complaints, attorney disciplinary complaints etc.
Please direct Ocwen to vacate the said Notice of Trustee Sale which is scheduled for Nov. 12, 2014 see
attached. The said notice of Trustee Sale is a fraudulent document filed with the Maricopa County Recorders
Office in clear violations of numerous terms of the said consent decree which Ocwen signed and you are
responsible for enforcing. The accompanying documents support my claims. I need you help to enforce the
Consent Decree against Ocwen, because they have ignored all of my correspondence.
Most Cordially,
Christopher Stoller
6045 w Grand Ave Apt 414
Chicago, Illinois 60639
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Page 1 of 9
Close
Attached are copies of the signed original Adjustable Rate Note and Deed of Trust signed by Mr.
Philip B. Stone indicating that the loan originated on May 2, 2006, with Countrywide Bank, N.A.
Ocwen commenced servicing this loan from Bank of America (BOA) on September 8, 2012, with
the last payment satisfied on the loan being February 1, 2008 payment.
Please be advised that Quit Claim Deed only transfers the title of the property to the person named
in the deed but it does not relinquish the person who signed the Adjustable Rate Note from their
responsibilities to a lender. However, please note that you did not sign the original collateral
documents.
A review of the loan indicates that Mr. Stone filed for protection under Bankruptcy Chapter 7 on
March 30, 2010, which was eventually discharged on July 19, 2010. As the bankruptcy has been
discharged, Mr. Stone is no longer personally liable for the debt. However, this is still a valid lien
and Ocwen may foreclose its security interest in the Real Property under the terms of the original
loan documents if the required payments are not received in a timely manner.
Please note foreclosure proceedings can be initiated if the loan is delinquent by three (3) or more
payment. Consequently, foreclosure proceedings were initiated on the loan on February 21, 2014; at
that time last payment satisfied on the loan was February 1, 2008 payment.
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Attached for your review is the Ocwen Payment Reconciliation History (PRH), which indicates that
Ocwen has not received any payments on the loan since they commenced servicing of the loan and
the resulting loan status.
In order to permanently remove Mr. Stones name from the loan, you may opt to either refinance or
assume the loan. In order to confirm if the loan is assumable and request for an Assumption
Package, you may send in a written request along with a clear copy of the Driver's License to the
fax number at (407) 737-5802. Please note that Ocwen is not in a position to refinance the loans
directly. However, you may wish to approach other financial institutions, in order to refinance the
loan or if required you may contact Ocwens Customer Care Center at (800) 746-2936 for further
assistance regarding this matter.
As of the date of this email, the last payment satisfied on the loan is the February 1, 2008 payment.
The foreclosure is presently on hold. Please note Ocwen will continue to service the loan according
to the terms and conditions of the signed loan documents in order to protect its lien position and
interest in the property.
If you and/or Mr. Stone require any further assistance regarding the loan, you may contact Ocwens
Customer Care Center.
The Office of the Consumer Ombudsman is an advocate in ensuring that Ocwen's servicing of the
loan remains fair, reasonable and proper. If you still have unresolved issues, please feel free to
contact this Office at (800) 390-4656.
Sincerely,
Nilekha Ghate
Consumer Account Analyst
Office of the Consumer Ombudsman
Ocwen Loan Servicing, LLC
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Please Note: This is an attempt to collect a debt and any information obtained will be used for that purpose. However, if
you have an active bankruptcy case or have received an Order of Discharge from a Bankruptcy Court, the following
Notice Regarding Bankruptcy applies.
Notice Regarding Bankruptcy: Please be advised that if you are part of an active Bankruptcy case or if you have
received an Order of Discharge from a Bankruptcy Court, this letter is in no way an attempt to collect either a prepetition, post petition or discharged debt. If your bankruptcy case is still active, no action will be taken in willful
violation of the Automatic Stay. If you have received an Order of Discharge in a Chapter 7 case, any action taken by us
is for the sole purpose of protecting our lien interest in the underlying mortgaged property and is not an attempt to
recover any amounts from you personally. Finally, if you are in an active Chapter 11, 12 or 13 bankruptcy case and an
Order for Relief from the Automatic Stay has not been issued, you should continue to make payments in accordance
with your plan.
NMLS # 1852
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USCA"cara.petersen@cfpb.gov"
Case #14-5265
Document
#1527076
Filed:
12/14/2014
<cara.petersen@cfpb.gov>,
"kirsten.ivey-
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necessary remedial
action#1527076
and withdraw the Notice
of Trustee Sale for
November 12, 2014 and Ocwen and their attorneys have thus far refused in
violation of the said consent decree. . I have filed attorney disciplinary complaints
against their lawyers in Florida. See attached.
The Alabama Bar has advised me that if Ocwen's attorneys Robert R. Maddox,
J.Riley Key do not immediately take the necessary remedial action to advise their
client Ocwen to issue a letter permanently rescinding the Notice of Trustee Sale
attached hereto, the Alabama bar will seek disciplinary action against Robert R.
Maddox, J.Riley Key and the Georgia Bar will seek disciplinary action against
Timothy M. Hayes, General Counsel to Ocwen.
I have contacted Office of Mortgage Settlement Oversight, Monitor Joseph Smith,
who informed me that I should contact your Office of the Consumer Financial
Protection Bureau and make them aware of Ocwen's violation of the consent
decree, evidence by the attached fraudulent Notice of trustee Sale. Mr. Smith also
directed me to the respective State Attorney Generals who have an interest in
Ocwen's violating the consent decree.
I am requesting that you direct a letter immediately to Ocwen, its officers and
directors demanding that Ocwen issue a letter to Christopher Stoller advising that the
Notice of Trustee Sale set for November 12, 2014 is permanently vacated
otherwise we will be forced to file a Petition for Indirect Criminal Contempt against
all of the officers, directors and attorneys who represent Ocwen (a criminal contempt
petition filed under Rule 42(b) is not to be tested by the more stringent standards set
for an indictment. See Bullock v. United States, 265 F.2d 683, 691-92 (6th Cir.),
cert. denied, 360 U.S. 909 (1959).
Please respond by October 5th, 2014.
Most Cordially,
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cc:
Timothy Hayes timothy.hayes@ocwen.com
General Counsel
Ocwen Financial Corporation
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
________________________________________________________________________
From: info@mortgageoversight.com
To: ldms4@hotmail.com
Subject: RE: Ocwen is violating the consent decree Case No 13-cv-02025
Date: Wed, 1 Oct 2014 13:05:31 +0000
Mr. Stoller:
Thank you for your email. The Office of Mortgage Settlement Oversight has been
created to assist Monitor Joseph Smith in his court-appointed role to oversee the
participating banks compliance with the national mortgage settlement (NMS). The
Monitors role is dictated by Exhibit D of the Consent Judgments with Ocwen and,
unfortunately, we are unable to intervene on behalf of individual homeowners.
However, there are some resources available to help homeowners and your best
option would be to continue working with your states Attorney General. In addition,
you may also contact the Consumer Financial Protection Bureau at
http://www.consumerfinance.gov or 855-411-2372.
https://blu173.mail.live.com/ol/mail.mvc/PrintMessages?mkt=en-us
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Page 7 of 9
Thank you.
________________________________
Office of Mortgage Settlement Oversight
P.O. Box 2091
Raleigh, NC 27602
(919)825-4748
________________________________
From: ldms4@hotmail.com
To: info@mortgageoversight.com
CC: lucy.morris@cfpb.gov; jeremy.shorbe@azag.gov; gary.tan@dc.gov
Subject: Ocwen is violating the consent decree Case No 13-cv-02025
Date: Mon, 29 Sep 2014 17:33:01 -0500
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#14-5265
Smith
Document #1527076
Filed: 12/14/2014
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Please direct Ocwen to vacate the said Notice of Trustee Sale which is scheduled
for Nov. 12, 2014 see attached. The said notice of Trustee Sale is a fraudulent
document filed with the Maricopa County Recorders Office in clear violations of
numerous terms of the said consent decree which Ocwen signed and you are
responsible for enforcing. The accompanying documents support my claims. I need
you help to enforce the Consent Decree against Ocwen, because they have ignored
all of my correspondence.
Most Cordially,
Christopher Stoller
6045 w Grand Ave Apt 414
Chicago, Illinois 60639
<wilcox complaint.doc>
<Letter to Ocwen.odt>
<William B. Shepro2 complaint.doc>
<Consumer Complaint Form _ Arizona Attorney General.pdf>
<Affidavit Release Reconveyance.pdf>
<Exhibit 2 Liz Pendens Objection 8-9-14.odt>
<Objection2 to trustee Sale.odt>
<email to Patel 8-15-14.pdf>
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Case to
#14-5265
WPAI.odt>Document #1527076
Filed: 12/14/2014
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permanently delete this message from your system without reproducing or disclosing it to any third party. While Ocwen Financial Corporation and its
subsidiaries take reasonable precautions to prevent transmission of software viruses, we cannot guarantee the same and we therefore disclaim liability for
any damage sustained by you or any third party as a result thereof
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This E-mail message and any attachments are intended solely for the use of the addressee hereof and may contain information that is confidential,
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constitute a waiver of any right, privilege or exemption. If you are not the intended recipient, please immediately notify the sender by reply E-mail and
permanently delete this message from your system without reproducing or disclosing it to any third party. While Ocwen Financial Corporation and its
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