Bagels at a Bar Mitzvah

wanda robo

LoanSafe Member
Sep 29, 2012
3,775
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NJ

As you all know wanda is a bad girl who has to occasionally stir up the politics pot.....

I love you guys. Vote & vote often, no matter the difference of opinion. Annie pointed out this morning how long we've all been friends, despite politics.

I said it so many years ago, but had we listened to me, we all would be at the bottom of the Grand Canyon & would have all be so happy enjoying each others company in person, by now.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,775
580
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On a more personal note, I need prayers. I will be dealing with whatever the govt decides to throw at me in the next week(probably a MTD). The sand clock is almost out of time & its coming next week....

Please just ask "whomever" you believe in to give me strength(I'm going this alone).

I know I pray to God to give me strength everyday to continue fighting, so please help me. A silent prayer would mean so much to me, even though so many of you have come to my "online" call to arms.

You guys are really the best people on this planet.
 

isisis

LoanSafe Member
Jun 22, 2010
1,659
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North bay
My dogs love to run along the fence line and bark at passersby saying essentially, 'keep going, keep it moving, no loitering'. Yesterday they were outside using a different bark, the one that means, 'This is for real, mom. We're not just barking in our spare time. Come on out and help us handle this'. Look out and there's this guy taping signs to my gate. When he stood back to take pictures of his accomplishment I figured he's not advertising a yard sale down the street. This could mean only one thing: a notice of sale.

I go out and reach over the gate and pull them off while he's stammering an explanation and I go, 'Yeah, I know what it is. I'll kick their butts in court'. He's very embarrassed and saying, 'I really wish you the best' and 'It's California law'. I actually felt sorry for him and just go, 'I know and I know it's just your job.'

Here we go again. I feel like Micheal Corleone, 'Just when I thought I was out, they pull me back in'.

Let me back peddle. The Banks are claiming I breached the settlement. I got a continuance from the Court to resolve things. The alleged breach which I thought was fairly minor in fact includes non payment although I've made a payment every month. For some unknown reason a check for four months over $11,000 sent overnight FedEx simply disappeared off the face of the Earth and I'm offering to replace the check and they're shining me on.

I expected the continuance meant there was some sort of obligation to work with me. But I forgot the arrogance of the non judicial bounty hunter system. It strange that I've tried every which way to do what they're doing without effort: cancel the loan contract for breach. The difference is they breached repeatedly in possible way. The various sections of the DOT prohibiting overcharging, requiring compliance with applicable law, preventing my ability to fulfill loan obligations, not providing the condition precedent that would trigger my obligation to perform, conscious and deliberate acts that frustrated my rights to benefit from the contract.

Now I need to figure out whether to enforce the settlement or file a new complaint.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,775
580
113
NJ
My dogs love to run along the fence line and bark at passersby saying essentially, 'keep going, keep it moving, no loitering'. Yesterday they were outside using a different bark, the one that means, 'This is for real, mom. We're not just barking in our spare time. Come on out and help us handle this'. Look out and there's this guy taping signs to my gate. When he stood back to take pictures of his accomplishment I figured he's not advertising a yard sale down the street. This could mean only one thing: a notice of sale.

I go out and reach over the gate and pull them off while he's stammering an explanation and I go, 'Yeah, I know what it is. I'll kick their butts in court'. He's very embarrassed and saying, 'I really wish you the best' and 'It's California law'. I actually felt sorry for him and just go, 'I know and I know it's just your job.'

Here we go again. I feel like Micheal Corleone, 'Just when I thought I was out, they pull me back in'.

Let me back peddle. The Banks are claiming I breached the settlement. I got a continuance from the Court to resolve things. The alleged breach which I thought was fairly minor in fact includes non payment although I've made a payment every month. For some unknown reason a check for four months over $11,000 sent overnight FedEx simply disappeared off the face of the Earth and I'm offering to replace the check and they're shining me on.

I expected the continuance meant there was some sort of obligation to work with me. But I forgot the arrogance of the non judicial bounty hunter system. It strange that I've tried every which way to do what they're doing without effort: cancel the loan contract for breach. The difference is they breached repeatedly in possible way. The various sections of the DOT prohibiting overcharging, requiring compliance with applicable law, preventing my ability to fulfill loan obligations, not providing the condition precedent that would trigger my obligation to perform, conscious and deliberate acts that frustrated my rights to benefit from the contract.

Now I need to figure out whether to enforce the settlement or file a new complaint.

This stinks. If they claimed you breached, why did they accept your payments?
 

just_me

LoanSafe Member
Sep 14, 2015
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They didn't! This is the catch 22. The check "disappeared."
 

just_me

LoanSafe Member
Sep 14, 2015
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So sorry Isisis!
Now I need to figure out whether to enforce the settlement or file a new complaint.
Why not both? An action to enforce contract and an action for breach. Since you are non-judicial, my thoughts are they bypassed certain things in order to fast track. (sneaky they refused to cash check?) I think you need to ensure that you get this into the judicial system, possibly with a newly style case and docket and with an order to enjoin/stop any sale/foreclosure proceedings (its an injunction in my state). Alternatively, it's an affirmative defense to foreclosure. Possibly a lack of good faith liable for damages. I believe you want to file the injunction at same time. Here, you have to include your "proposed order." If you are doing these pro se, at least you have lots of help online in California. Meanwhile, keep your money in savings, contribute per the agreement that was breached/rejected, in case you need to quickly "pay" the funds in dispute to reinstate and save the property.
 

just_me

LoanSafe Member
Sep 14, 2015
498
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The bank is definitely interfering with performance if they are holding check and refusing to cash. Gather your evidence. You likely need an affidavit on it. I'm learning this is how you introduce your evidence. If it's a personal check you may need a snapshot of your check register. (Banks know it's hard to prove they are refusing money.) Also, the phrase, "through no fault of my own" has legal significance so incorporate it into your argument. You can do this. I know you can!
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,775
580
113
NJ
So , I get my strength from bagels. I pray you all don't mind I'll be calling on that strength in the next few days.I never thought suing the Federal Govt would be any harder than defending a foreclosure in state court. Hell, I never thought filing an Appeal was hard & filing a Petition for Certification in the NJ Supreme Court turned out to be easy. The problem was, they didn't want to listen.

So now I've put my "big girl panties" on & I am suing the federal government. I did it, its filed & the response is due very soon. Where will this lead us all? I don't know, but until they shut me up, I'm willing to share.
;)
 

just_me

LoanSafe Member
Sep 14, 2015
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SO... after getting notice to bring the note in as proof, Ocwen decides to delay. They allegedly overlooked some critical points. Looks like they need time to back date a few things so they don't get in trouble with CFPB. Interesting development. Obviously the MSJ is deficient... but can they amend THAT too??? It looks like this is where they are going.
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,775
580
113
NJ
SO... after getting notice to bring the note in as proof, Ocwen decides to delay. They allegedly overlooked some critical points. Looks like they need time to back date a few things so they don't get in trouble with CFPB. Interesting development. Obviously the MSJ is deficient... but can they amend THAT too??? It looks like this is where they are going.

I've never heard of amending an MSJ. If it's deficient, it should be denied & either refiled or, my dear, you may be going to trial!

LMAO did you get my email? I AM a footnote
;)
 
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just_me

LoanSafe Member
Sep 14, 2015
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I've never heard of amending an MSJ. If it's deficient, it should be denied & either refiled or, my dear, you may be going to trial!

LMAO did you get my email? I AM a footnote
;)
HAHa, I should have known they were talking about you. No wonder it sounded so familiar!

Yes, this is bizarre development here. I've been planning for trial for a couple of years now. This is a familiar pattern. Ocwen obtains my info/argument/evidence and they change their case to match via amended "correction." Their time is up for returning discovery matters so I believe they know they did NOT meet "conditions precedent" and are attempting this addition by declaring to the court I am now in active Loss Mit. This is still dual-tracking and trying to fix it. Eight years later. I'm tempted to object to this. Mind you, FC mill now has additional mystery attorney on the notice list. I'm being quadruple teamed. They just want to check off the list and mail x notices to say they complied with CFPB so they can continue.

Also, judge already refused my motion to strike in order to complete discovery. With the finagling here, it already got extended so Bank could produce the note (60 days).
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,345
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SO... after getting notice to bring the note in as proof, Ocwen decides to delay. They allegedly overlooked some critical points. Looks like they need time to back date a few things so they don't get in trouble with CFPB. Interesting development. Obviously the MSJ is deficient... but can they amend THAT too??? It looks like this is where they are going.
Ocwen is a criminal enterprise. Making money by cheating on the bond holders and stealing houses from the homeowners. Lost money in every year since 2014, stock went from $66/share to $2/share while the indexes hitting new highs. Executives continue to collect bonuses and stock options while the company losing money. I plan to sue Ocwen, BOfA, their law firms in the future.

Anyway, today marks the third anniversary date another criminal enterprise, Bank Of America, filed the lawsuit trying to steal my house. In tallying the score, this case has cost me an average of 32 hours a month to learn the rules, laws, and research to defend plus $3500 in court fees. In return, they advanced $16K in taxes and I saved $65K in mortgage payment. So my hourly rate is about $67/hour.

I am still waiting for the transcriber to finish the transcript. Maybe BOfA bought the court to delay my case because finally they realize the case could cost them more than it's worth. Fight on.
 
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OneHugeMess

LoanSafe Member
May 30, 2016
459
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Hey OHM,

Any info on CWABS 2006-SD2 would leave me eternally in your debt. They ought to be headed for a clean up call pretty soon.
The public library where I am, has Bloomberg Terminals but doesn't allow downloads or printing. One day after work this week, I'll try to get over there and I'll hand write everything down I can find, and PM you. If you can PM me your Zip Code and Original Loan Amount, that would be tremendously helpful.
 

moretrouble

LoanSafe Member
Nov 14, 2009
1,345
206
63
The public library where I am, has Bloomberg Terminals but doesn't allow downloads or printing. One day after work this week, I'll try to get over there and I'll hand write everything down I can find, and PM you. If you can PM me your Zip Code and Original Loan Amount, that would be tremendously helpful.
Could take screen shots with phone. I do that to copy court documents.
 
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OneHugeMess

LoanSafe Member
May 30, 2016
459
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Could take screen shots with phone. I do that to copy court documents.
Apparently, Bloomberg donated two subscriptions to the library -- and with that, came some rules for the patrons. Were not allowed to bring photography equipment, print, save, or download anything. Were just allowed to "look" and write stuff down. I may sneak in a very small flash drive and just see if I can get the computer to save stuff on there. But, I have to be very sneaky ;)
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,775
580
113
NJ
I can hook you up isisis w/OHM's email if I get permission. It's about time OHM joins the offline discussions.....don't you think?
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,775
580
113
NJ
CFPB Amicus Brief Program Q & A

Thank you, I've already requested one.

Game on, my dear, A Motion for Extension of time because the poor gov't hasn't had enough time already was just filed. You bet wanda is pissed & the objection will be colorful, at the very least. Check your email because now I have names of the attorneys for the gov't that I will go up against.
 

just_me

LoanSafe Member
Sep 14, 2015
498
36
28
Class Action against Ocwen for Chapter 13 Bankruptcy violations.

I've heard people complain here about never being brought current. Yep, that's Ocwen for ya. Discharge violations, deceptive modifications, FDCPA and allegedly RICO too. This complaint is a good resource on the how/why of servicing profit motives. Nice styling and footnotes I must say. 29pps.