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8/21/2019 Motion to Default Bradley Arant Boult Cummings LLP for Indirect Criminal Contempt
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2/1/2015 Ocwen to Pay $3.7 Million to Settle Massachusets Claims - Bloomberg Business
http://www.bloomberg.com/news/articles/2014-06-16/ocwen-to-pay-3-7-million-to-settle-massachusets-claims
Ocwen to Pay $3.7 Million to SettleMassachusets Claims
Recommended
June 16 (Bloomberg) -- Ocwen Financial Corp. agreed to pay $3.7million to end aMassachusetts lawsuit claiming it didnt give homeowners required notices and illegally
foreclosed on properties, the states attorney general said.
Under the deal, homeowners will get $3 million of the settlement, with the balance going to
the state, Attorney General Martha Coakley said in a statement today.
byAndrew M Harris
3:35PM CDT
June 16, 2014
Follow us on: hDon't Miss Out
f t h
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How Boston and Seattle Compare Off the Field in Eight Charts
1 sNews Markets Insights Live TV
LIVUSCA Case #14-5265 Document #1535318 Filed: 02/01/2015 Page 1 of 7
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http://www.bloomberg.com/news/articles/2015-01-31/is-said-to-release-video-of-japanese-hostage-goto-s-beheadinghttp://www.bloomberg.com/http://www.bloomberg.com/livehttp://www.bloomberg.com/http://www.bloomberg.com/livehttp://www.bloomberg.com/news/articles/2015-01-30/how-boston-and-seattle-compare-off-the-field-in-eight-chartshttp://www.bloomberg.com/news/articles/2015-01-30/how-boston-and-seattle-compare-off-the-field-in-eight-chartshttp://www.bloomberg.com/news/articles/2015-01-30/economy-in-u-s-expanded-less-than-forecast-in-fourth-quarterhttp://www.bloomberg.com/http://www.bloomberg.com/livehttp://www.bloomberg.com/http://www.bloomberg.com/livehttp://www.bloomberg.com/insightshttp://www.bloomberg.com/marketshttp://www.bloomberg.com/http://www.bloomberg.com/livehttp://www.bloomberg.com/news/articles/2015-01-30/how-boston-and-seattle-compare-off-the-field-in-eight-chartshttp://www.bloomberg.com/news/articles/2015-01-31/is-said-to-release-video-of-japanese-hostage-goto-s-beheadinghttp://www.bloomberg.com/news/articles/2015-01-30/economy-in-u-s-expanded-less-than-forecast-in-fourth-quarterhttps://twitter.com/intent/tweet?url=http%3A%2F%2Fwww.bloomberg.com%2Fnews%2Farticles%2F2014-06-16%2Focwen-to-pay-3-7-million-to-settle-massachusets-claims&text=Ocwen%20to%20Pay%20%243.7%20Million%20to%20Settle%20Massachusets%20Claims&via=businesshttp://www.facebook.com/sharer/sharer.php?p%5Burl%5D=http%3A%2F%2Fwww.bloomberg.com%2Fnews%2Farticles%2F2014-06-16%2Focwen-to-pay-3-7-million-to-settle-massachusets-claims&p%5Btitle%5D=Ocwen%20to%20Pay%20%243.7%20Million%20to%20Settle%20Massachusets%20Claimshttp://www.bloomberg.com/authors/AOUne9PVgTg/andrew-m-harrishttp://www.bloomberg.com/news/articles/2015-01-31/is-said-to-release-video-of-japanese-hostage-goto-s-beheadinghttp://www.bloomberg.com/news/articles/2015-01-30/economy-in-u-s-expanded-less-than-forecast-in-fourth-quarter8/21/2019 Motion to Default Bradley Arant Boult Cummings LLP for Indirect Criminal Contempt
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2/1/2015 Ocwen to Pay $3.7 Million to Settle Massachusets Claims - Bloomberg Business
http://www.bloomberg.com/news/articles/2014-06-16/ocwen-to-pay-3-7-million-to-settle-massachusets-claims
The Massachusetts settlement follows last years accord with regulators in which Ocwen, th
fourth-biggest mortgage servicer in the U.S., agreed to provide $2.1 billion in relief to
homeowners to settle claims over abuses in its handling of borrowers loans. Massachusetts
claimed Ocwen broke state laws by failing to send notices to homeowners whose loans were
in default and to execute and file public notices when mortgages were assigned to other
parties.
Litton Home Servicing LP, a company acquired by Ocwen, also violated state laws by
starting home-foreclosure proceedings without holding the underlying mortgages, the
Massachusetts attorney general said.
Ocwen, which is a loan servicer and not a bank, is also being investigated by New York
Department of Financial Services Superintendent Benjamin Lawsky.
John V. Britti, chief financial officer for Atlanta-based Ocwen, didnt immediately reply to
phone call seeking comment on Coakleys announcement. Ocwens media relations team
also didnt immediately reply to an e-mailed request for comment.
Unnecessary Challenges
Massachusetts homeowners faced unnecessary challenges due to these companies failure
to provide proper notices and by initiating illegal foreclosures, Coakley said. This
agreement provides for direct relief for affected borrowers and requires that Ocwen
undertake efforts to repair problem titles in the Commonwealth.
Lawsky, in February, asked Ocwen for information about potential conflicts of interestbetween the company and affiliates that supplied it with mortgage-management services
and were controlled by Ocwens Chairman William Erbey.
The superintendent in April expanded that probe to include a review of possible conflicts o
interest with a related auction service.
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2/1/2015 Ocwen to Pay $3.7 Million to Settle Massachusets Claims - Bloomberg Business
http://www.bloomberg.com/news/articles/2014-06-16/ocwen-to-pay-3-7-million-to-settle-massachusets-claims
Hubzu, an online auction site used to sell homes facing foreclosure, seemed to be charging
Ocwens customers three times as much as others, according to an April letter from Lawsky
Hubzu is a subsidiary of Altisource Portfolio Solutions SA, an affiliate of Ocwen.
The relationship between Ocwen, Altisource Portfolio, and Hubzu raises significant
concerns regarding self-dealing, Lawsky said in the letter to Ocwen.
To contact Bloomberg News staff for this story: Andrew Harris in federal court in Chicago a
To contact the editors responsible for this story: Michael Hytha at [email protected]
Joe Schneider, Charles Carter
Read More Massachusetts , Media
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2/1/2015 Ocwen to Pay $3.7 Million to Settle Massachusets Claims - Bloomberg Business
http://www.bloomberg.com/news/articles/2014-06-16/ocwen-to-pay-3-7-million-to-settle-massachusets-claims
Energy Bargain Hunters Plow Record AmountsInto ETFs
(Bloomberg) -- Bargain-seeking investors have turned bullish on embattled energy stocks,
plowing record amounts into the industry.
More than $3.13 billion went into exchange-traded funds holding stakes in Exxon Mobil
Corp., Schlumberger Ltd. and other energy stocks this month, even as the price of oil fell 22
byJames Polson
6:00 PM CSTDecember 29, 2014
Follow us on: hDon't Miss Out
f t h
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http://finance.yahoo.com/news/addicted-to-caffeine--love-drones--scared-of-ebola--there-s-a-motif-for-you-211121895.htmlhttps://twitter.com/intent/tweet?url=http%3A%2F%2Fwww.bloomberg.com%2Fnews%2Farticles%2F2014-12-30%2Fenergy-bargain-hunters-plow-record-amounts-into-etfs&text=Energy%20Bargain%20Hunters%20Plow%20Record%20Amounts%20Into%20ETFs&via=businesshttp://www.facebook.com/sharer/sharer.php?p%5Burl%5D=http%3A%2F%2Fwww.bloomberg.com%2Fnews%2Farticles%2F2014-12-30%2Fenergy-bargain-hunters-plow-record-amounts-into-etfs&p%5Btitle%5D=Ocwen%20to%20Pay%20%243.7%20Million%20to%20Settle%20Massachusets%20Claimshttp://www.bloomberg.com/authors/ADnJWvZUjY8/james-polsonhttp://finance.yahoo.com/news/addicted-to-caffeine--love-drones--scared-of-ebola--there-s-a-motif-for-you-211121895.html8/21/2019 Motion to Default Bradley Arant Boult Cummings LLP for Indirect Criminal Contempt
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2/1/2015 Ocwen to Pay $3.7 Million to Settle Massachusets Claims - Bloomberg Business
http://www.bloomberg.com/news/articles/2014-06-16/ocwen-to-pay-3-7-million-to-settle-massachusets-claims
, .
year and more than the prior record in December 2007, when oil was trading near $91 a
barrel.
There definitely seems to be evidence of investors seeking to bottom-fish this market and
pre-position for 2015, David Mazza, head of ETF research at State Street Corp., said in a
phone interview. Some investors weve spoken with dont believe the negative picture on
energy thats become consensus.
Investors are betting on a higher long-term price for crude oil. Brent, the global benchmark
has traded around $60 a barrel since mid-month, after dropping by half from its June high
A stabilization in futures prices since Dec. 15 has helped energy stocks rebound for the past
two weeks.
Oil slipped to a five-year low of $56.74 in London. Brent futures have plunged 51 percent
from their June high.
Longer-term investors, two to three years from now, will look back on this and say, God,
that was a good buying opportunity, said Fadel Gheit, a New York-based energy analyst
for Oppenheimer & Co. For short-term investors, its not going to be very pretty for the nexfew months.
ETFs are increasingly seen as a bellwether of investor sentiment because they allow broad
bets across a sector with lower transaction costs than buying individual stocks. Year-to-
date, energy ETFs have attracted $9.25 billion of new money, the most of any sector behind
real estate funds and more than triple the same period in 2013.
Analysts Bullish
Analysts remain comparatively bullish on energy, forecasting that 44 companies in the
Standard & Poors 500 will rise 23 percent in 12 months. Thats more than twice as much as
the next-best industry, the materials sector that includes International Paper Co. and
Monsanto Co.
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2/1/2015 Ocwen to Pay $3.7 Million to Settle Massachusets Claims - Bloomberg Business
http://www.bloomberg.com/news/articles/2014-06-16/ocwen-to-pay-3-7-million-to-settle-massachusets-claims
The fall in prices has caused several oil companies to cut back spending for 2015. The S&P
500 Energy Index dropped 27 percent from a June high, when oil peaked for the year,
through Dec. 15 when prices began to stabilize. The index, which includes Exxon and
Chevron Corp., has risen 10 percent since the middle of the month.
Per-share profit for the coming year is expected to rise an average of 69 percent among
energy stocks, according to the analysts.
Peel Onion
If you peel back the onion a bit and look at earnings expectations from analysts and the
fundamentals, the picture is not as bleak as it may seem, Mazza said.
State Streets Energy Select Sector SPDR Fund, the largest ETF comprising energy stocks,
has taken in $1.85 billion this month, the most of any industry-based exchange-traded fund
Almost $460 million was invested in the past week. The ETF is trading at a slight premium
to the underlying value of its holdings. A share costs 21 percent less than the June record,
when oil prices were above $100 a barrel.
Investors who put money into the State Street SPDR during the prior monthly record for
inflows, in December 2007 when the average price was $79.35, saw it climb to above $90 by
May. The ETF then declined by more than half as oil prices collapsed during the 2008
financial crisis.
Trading volume in the State Street Energy SPDR this year is 44 times higher than in 2000,
according to data compiled by Bloomberg.
The market value of sector-specific ETFs has risen 78-fold since 2000 to $312.6 billion as of
yesterday, according to data compiled by Bloomberg. Energy ETFs climbed 129-fold, to
$44.4 billion over the same period.
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2/1/2015 Ocwen to Pay $3.7 Million to Settle Massachusets Claims - Bloomberg Business
http://www.bloomberg.com/news/articles/2014-06-16/ocwen-to-pay-3-7-million-to-settle-massachusets-claims
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To contact the reporter on this story: Jim Polson in New York at [email protected]
To contact the editors responsible for this story: Susan Warren at
[email protected] Tina Davis, Ana Monteiro
Read More Energy, Stocks, Oil, Crude Oil, Money, London, New York, Real Estate,
Oil Companies, S&P 500
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1
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Pl ai nt i f f - Count er def endant / )Appel l ant , )) Cour t of Appeal s
v. ) Di vi si on One) No. 1 CA- CV 07- 0309
DANI EL HARVEY, )) Mar i copa Count y
Def endant - Count er pl ai nt i f f / ) Super i or Cour tAppel l ee. ) No. CV2005- 004469
)) ) O P I N I O N
_________________________________ )
Appeal f r om t he Super i or Cour t i n Mar i copa Count yThe Honor abl e Col i n F. Campbel l , J udgeThe Honor abl e Bet hany G. Hi cks , J udge
AFFIRMED
________________________________________________________________
Opi ni on of t he Cour t of Appeal s, Di vi si on One___ Ar i z. ___, ___ P. 3d ___ ( App. 2008)
2008 WL 2058233 ( May 15, 2008)
VACATED
________________________________________________________________
GUST ROSENFELD, P. L. C. Phoeni xBy Char l es W. Wi r ken
At t or neys f or I vo Quei r oz
J ENNI NGS, STROUSS, & SALMON, P. L. C. Phoeni xBy Davi d B. Ear l
Davi d Br ni l ovi chAt t or neys f or Dani el Har vey
THOMAS, THOMAS & MARKSON, P. C. Phoeni xBy Neal B. Thomas
At t or neys f or Ami ci Cur i ae Ar i zona Associ at i on of Real t or s,West USA Real t y, I nc. , and J ohn Hal l & Associ at es________________________________________________________________
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R Y A N, J ust i ce
1 I n t hi s opi ni on, we addr ess whether a cour t may
consi der a r eal est at e agent s i nequi t abl e conduct i n deci di ng
i f t he agent s pr i nci pal i s ent i t l ed t o speci f i c per f or mance of
a cont r act f or t he sal e of r eal est at e. We concl ude t hat t he
agent s i nequi t abl e act s may be i mput ed t o t he pr i nci pal whet her
or not t he pr i nci pal knew of t he agent s mi sconduct .
I1
2
Dani el Har vey l i st ed t en acr es of l and i n Tonopah f or
sal e. Thr ough hi s agent , Char l es Har r i son, I vo Quei r oz of f er ed
t o pur chase t he l and, al ong wi t h an addi t i onal t en acr es. The
pur chase of f er cal l ed f or a $1, 000 ear nest - money payment and a
cl osi ng date of Febr uary 15, 2005. The pr oposed pur chase pr i ce
was $150, 000, wi t h $68, 000 due at cl osi ng. Harvey was t o
f i nance t he bal ance of $82, 000. A count er of f er , f axed t he next
day and accept ed by Quei r oz, r etai ned t he cl osi ng date and t he
ear nest - money r equi r ement , but changed escr ow agent s. Harr i son
f axed t he cont r act t o t he escr ow agent on December 10, but sent
no earnest money dur i ng the f ol l owi ng week.
3
Harvey and hi s agent became concer ned about Quei r oz s
1 Because t hi s case was t r i ed t o t he bench and f i ndi ngs off act wer e ent er ed, we def er t o t he super i or cour t s f i ndi ngs off act unl ess cl ear l y er r oneous. Valley Med. Specialists v.Farber, 194 Ar i z. 363, 367, 11, 982 P. 2d 1277, 1281 ( 1999) .
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f ai l ur e t o deposi t t he ear nest money. Repeat ed ef f or t s t o r each
Har r i son wer e unavai l i ng. Fi nal l y, on Fr i day of t hat week,
Har vey s agent t ol d t he escr ow agent t hat t he cont r act was
cancel l ed. Ei t her t hat ni ght or t he next day, Har r i son l ear ned
t hat Har vey had cancel l ed t he cont r act . Never t hel ess, on t he
next Monday morni ng, Har r i son t ook t wo money or der s amount i ng t o
$1, 000 t o a br anch of t he escr ow company. Several hour s l ater ,
Har vey s wr i t t en not i ce of t he cancel l at i on ar r i ved at anot her
br anch of t he escr ow agent s of f i ce. 2 Harvey s agent r etur ned
Har r i son s ear nest money, i nf or mi ng hi m t hat t he cont r act had
been cancel l ed.
4 Quei r oz sued Har vey, seeki ng speci f i c per f or mance of
t he cont r act . The super i or cour t f ound t hat Har r i son had act ed
i nequi t abl y and t hus deni ed Quei r oz speci f i c per f or mance. The
cour t det er mi ned t hat Har r i son l i ed about t he sour ce of t he
ear nest money, t est i f yi ng t hat i t was Quei r oz s when i n f act i t
was Har r i son s. The cour t f ound t hat i n pr ovi di ng t he ear nest
money Harr i son ei t her made an undi scl osed l oan to Quei r oz or
commi ngl ed hi s own money wi t h Quei r oz s f unds. The cour t
2
The cont r act cal l ed f or wr i t t en not i ce bef or e cancel l at i on.The super i or cour t concl uded t hat t he f ai l ure t o t i mel y pay t heear nest money was a mater i al br each. The cour t of appeal s,however , concl uded that payment of t he earnest money bef ore t hewr i t t en not i ce of cancel l at i on had been r ecei ved cur ed t hebr each. See Queiroz v. Harvey, __ Ar i z. __, __, 18, 22, __P. 3d __ , __ ( App. 2008) . Har vey di d not seek r evi ew of t hi shol di ng.
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f ur t her f ound that Har r i son s subt er f uge went f ur t her when he
pr i nt ed hi s name, r at her t han si gni ng i t , on t he pur chase of f er
because he di d not have t he r equi r ed ear nest - money check, f ai l ed
t o r et ur n phone cal l s, and r aced t o t he escr ow agent t o deposi t
t he f unds, knowi ng t hat Har vey had cancel l ed t he cont r act .
Fi nal l y, t he cour t f ound t hat Har r i son had not t est i f i ed
t r uthf ul l y.
5 The cour t of appeal s r eversed. Queiroz, _ _ Ar i z. at
__, 18, 22, __ P. 3d at __. The cour t hel d t hat an agent s
f r audul ent or di shonest act s coul d not be at t r i but ed t o a
pr i nci pal f or pur poses of an equi t abl e def ense absent t he
per sonal i nvol vement or knowl edge of t he pr i nci pal . Id. at
31. The cour t concl uded t hat i t coul d not det er mi ne whet her
Quei r oz knew of Har r i son s conduct and t her ef or e coul d not
deci de whether t he super i or cour t woul d have reached t he same
r esul t based sol el y on Har r i son s mi sr epr esent at i ons about t he
escr ow check. Id. at 32. I t consequent l y r emanded f or
f ur t her pr oceedi ngs. Id.
6 We gr ant ed r evi ew because whet her an agent s
i nequi t abl e conduct i s char geabl e to t he pr i nci pal i s an i ssue
of st at ewi de i mpor t ance and i s l i kel y t o r ecur . ARCAP 23( c) .
We have j ur i sdi ct i on under Ar t i cl e 6, Sect i on 5( 3) of t he
Ar i zona Const i t ut i on and Ar i zona Revi sed St at ut es ( A. R. S. )
12- 120. 24 ( 2003) .
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II
7 A t r i al cour t s gr ant or r ef usal of speci f i c
per f or mance i s r evi ewed f or an abuse of di scr et i on. Kimball v.
Statler, 20 Ar i z. 81, 84, 176 P. 843, 844 ( 1918) . Quei r oz does
not di sput e t hat speci f i c per f or mance, al t hough a r out i ne r emedy
i n act i ons i nvol vi ng cont r act s f or t he sal e of r eal pr oper t y,
may pr oper l y be ref used on t he basi s of uncl ean hands. See
MacRae v. MacRae, 57 Ar i z. 157, 161, 112 P. 2d 213, 215 ( 1941)
( I t i s a car di nal r ul e of equi t y t hat [ one] who comes i nt o a
cour t of equi t y seeki ng equi t abl e r el i ef must come wi t h cl ean
hands. ) . Rather , Quei r oz argues t hat a mere agency
r el at i onshi p does not suf f i ce t o est abl i sh i nequi t abl e conduct
and t hat such conduct shoul d not be i mput ed t o an i nnocent
pr i nci pal .
8
We r ej ect t hese ar gument s. Under or di nar y pr i nci pl es
of agency l aw, an agent s act s bi nd t he agent s pr i nci pal .
E.g., Rest at ement ( Thi r d) of Agency 6. 01 ( 2006) ( st at i ng
gener al r ul e t hat pr i nci pal may wor k t hr ough an agent t o secur e
cont r act wi t h t hi r d par t y) ; id. at 1. 01 ( agent act s on t he
pr i nci pal s behal f ) ; see also id. at 4. 01 ( expl ai ni ng t hat
mani f est at i on of assent r at i f i es an agent s conduct ) . A
r epr esent at i on by an agent made i nci dent t o a cont r act or
conveyance i s at t r i but ed t o a di scl osed . . . pr i nci pal as i f
t he pr i nci pal made t he r epr esent at i on di r ect l y when t he agent
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had act ual or appar ent aut hor i t y t o make t he cont r act or
conveyance . . . . Id. at 6. 11. Thi s i ncl udes t he
ci r cumst ances under whi ch r epr esent at i ons made by an agent
af f ect a pr i nci pal s l egal posi t i on i n act i ons br ought t o
enf or ce or r esci nd a cont r act . Id. at cmt . a.
9 Ot her cour t s have si mi l ar l y concl uded t hat a pr i nci pal
seeki ng speci f i c per f ormance may be bound by an agent s
i nequi t abl e conduct . E.g., Handelman v. Arquilla, 95 N. E. 2d
910, 913 ( I l l . 1951) ( r ej ect i ng speci f i c per f or mance based on
agent s mat er i al mi sr epr esent at i on) ; Alexander v. Hughes, 472
P. 2d 818, 819- 20 ( Or . 1970) ( af f i r mi ng t he deni al of speci f i c
per f ormance when agent mi sl ed opposi ng par t y about natur e of
document si gned) .
10 The Rest at ement and t he ci t ed cases ar e consi st ent
wi t h t he dut i es bot h agent s and pr i nci pal s owe t o thi r d par t i es
i n t he cont ext of t he sal e of r eal pr oper t y. See Lombardo v.
Albu, 199 Ar i z. 97, 100- 01, 13- 15, 14 P. 3d 288, 291- 92 ( 2000)
( not i ng common l aw and r egul at or y dut i es) . I n addi t i on, t he
r ul e t hat t he pr i nci pal i s bound by hi s agent s conduct i s
consi st ent wi t h l ong- est abl i shed pr i nci pl es of equi t y. See
Dawson v. McNaney, 71 Ar i z. 79, 87, 223 P. 2d 907, 912 ( 1950)
( equi t abl e r ul e wi l l not be appl i ed t o def eat t he ends of
j ust i ce and per pet r at e a f r aud) ; Giovani v. Rescorla, 69
Ar i z. 20, 25, 207 P. 2d 1124, 1127 ( 1949) ( equi t y deni es t i t l e t o
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pr oper t y obt ai ned t hr ough act ual f r aud, mi sr epr esent at i ons,
conceal ment s, or t hr ough undue i nf l uence, dur ess, t aki ng
advant age of one s weakness or necessi t i es, or t hr ough any ot her
si mi l ar means or under any ot her si mi l ar ci r cumst ances) . Each
of t hese cases st ands f or an unexcept i onabl e r ul e: Pr i nci pal s
may not benef i t f r om t he i nequi t abl e conduct of t hei r agent s.
III
11 The cour t of appeal s, however , decl i ned t o appl y t hi s
r ul e. The cour t concl uded t hat t he uncl ean hands doct r i ne
i mpl i cates t he moral bl amewort hi ness of t he part y who seeks
equi t abl e rel i ef . Queiroz, __ Ar i z. at __, 25, 31, __ P. 3d
at __. Thus, t he cour t hel d t hat i mput i ng i nequi t abl e conduct
of an agent t o a pr i nci pal i s not appr opr i at e absent a showi ng
t hat t he pr i nci pal knew of t he agent s mi sconduct . Id. The
cour t f ound suppor t f or t hi s pr oposi t i on pr i nci pal l y i n one
Ar i zona case and t wo cases f r om ot her j ur i sdi ct i ons. None of
t hese cases, however , i s apposi t e.
12 For exampl e, t he cour t of appeal s r easoned t hat Weiner
v. Romley, 94 Ar i z. 40, 381 P. 2d 581 ( 1963) , suppor t ed i t s
concl usi on. I n Weiner, t hi s Cour t hel d t hat when i nequi t abl e
conduct was not wi l l f ul , uncl ean hands woul d not appl y. Id.
at 42- 43, 381 P. 2d at 582- 83. The cour t of appeal s underst ood
t hi s t o mean t hat pr i nci pal s must t hemsel ves act wi l l f ul l y.
Queiroz, __ Ar i z. at ___, 29- 30, __ P. 3d at __. The cour t
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r easoned t hat i f an i ndi vi dual s act must be wi l l f ul f or an
equi t abl e def ense t o appl y, t hen, a fortiori, a pr i nci pal who
does not act at al l , because hi s agent does, cannot be f ound t o
have acted wi l l f ul l y. Id. at 31. Weiner, however , does not
speak t o t he i ssue i n t hi s case, whi ch i s whet her an agent s
conduct may be i mput ed t o hi s or her pr i nci pal .
13 Cl oser t o t he poi nt , yet never t hel ess di st i ngui shabl e,
ar e Vulcan Detinning Co. v. American Can Co., 67 A. 339, 340- 41
( N. J . 1907) , and Associated Press v. International News Service,
240 F. 983 ( S. D. N. Y. 1917) . I n t he f or mer , t he New J er sey cour t
si mpl y rej ect ed i mput i ng t he conduct of a def endant s agent i n a
pr i or t r ansact i on t o t he def endant i n t he separ at e t r ansact i on
bef or e t he cour t . Vulcan Detinning, 67 A. at 341. I n t hi s
case, however , t he al l eged mi sconduct occur r ed wi t hi n t he ver y
t r ansact i on t hat was t he subj ect of t he l i t i gat i on.
14 Associated Press i s al so i napposi t e, as i t addr esses
one company s ef f or t t o def end i t sel f agai nst char ges of
i nequi t abl e conduct by poi nt i ng out t he i nequi t abl e conduct of
i t s opponent s agent s. 240 F. at 984, 989. Her e, i n cont r ast ,
Quei r oz seeks speci f i c per f or mance by r el yi ng on t he ver y
i nequi t abl e act s commi t t ed by hi s own agent t o secur e t he
cont r act. Associated Press does not count enance empl oyi ng t he
i nequi t abl e conduct of one s own agent as a sword.
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IV
15 Quei r oz s addi t i onal ar gument s are equal l y
i nef f ect ual . Fi r st , he cl ai ms t hat we shoul d pr ot ect i nnocent
pr i nci pal s f r om t he mi sconduct of t he agent s t hey choose t o
hi r e. Ther e ar e cases i n whi ch, as a mat t er of f act , a
pr i nci pal cannot be char ged wi t h t he act s or knowl edge of hi s or
her agent . E.g., Rest atement ( Thi r d) of Agency 6. 10 cmt . b
( out l i ni ng si t uat i ons i n whi ch pur por t ed pr i nci pal may not be
bound by agent ) . Thi s i s not such a case. The pr i nci pl es of
agency di scussed above r ef ut e Quei r oz s pol i cy ar gument t hat we
shoul d prot ect al l pr i nci pal s f rom l i abi l i t y, especi al l y gi ven
t hat wi t hout Har r i son s act s, t he deal her e woul d not have been
compl eted. As between t he pr i nci pal who has r etai ned an
unscr upul ous agent and an i nnocent t hi r d par t y who rel i es on t he
agent s mi sr epr esent at i on, i t i s t he t hi r d par t y who deser ves
pr ot ecti on.
16 Quei r oz al so ar gues t hat , not wi t hst andi ng Har r i son s
i nequi t abl e conduct , Har vey has suf f er ed no har m and t hus he
shoul d be f or ced t o per f or m t he sal e- and- f i nanci ng cont r act .
Thi s cl ai m, of cour se, i s bel i ed by t he t r ansact i on, whi ch
r equi r es Har vey not onl y t o sel l t he pr oper t y, but al so t o car r y
t he mor t gage f or Quei r oz. Thus, or der i ng speci f i c per f or mance
i n t hi s case woul d ef f ect i vel y pl ace Har vey i n a cont i nui ng
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r el at i onshi p wi t h Quei r oz. Cf. Copylease Corp. of Am. v.
Memorex Corp., 408 F. Supp. 758, 759 ( S. D. N. Y. 1976) ( r ef usi ng
t o or der speci f i c per f or mance of cont r act s whi ch ar e not
capabl e of i mmedi ate enf orcement , but whi ch r equi r e a cont i nui ng
ser i es of act s and cooper at i on bet ween t he par t i es f or t he
successf ul per f or mance of t hose act s) ( i nt er nal quot at i on mar ks
omi t t ed) ( appl yi ng Cal i f or ni a l aw) .
V
17 I n hi s r esponse t o t he pet i t i on f or r evi ew, Quei r oz
pr eser ved t he i ssue of whether , assumi ng Harr i son s conduct may
be i mput ed, i t was act ual l y i nequi t abl e. We def er t o t he
super i or cour t s f i ndi ngs t hat Har r i son s conduct was
i nequi t abl e and t hat hi s st at ement s and act i ons wer e di shonest
and mi sl eadi ng. Valley Med. Specialists, 194 Ar i z. at 367,
11, 982 P. 2d at 1281. Consequent l y, we are i n no di f f er ent
posi t i on t han t he cour t of appeal s woul d have been i n r evi ewi ng
t he recor d. City of Phoenix v. Fields, 219 Ar i z. 568, ___,
26, 201 P. 3d 529, 535 ( 2009) . We concl ude t hat t he evi dence
suppor t s t he super i or cour t s f i ndi ng t hat Har r i son act ed
i nequi t abl y. Har r i son s conduct mi sl ed Har vey r egar di ng
Quei r oz s capaci t y t o go f orward wi t h the earnest - money payment
and conceal ed hi s pot ent i al i nabi l i t y t o make payment s on an
ongoi ng basi s. See Lombardo, 199 Ar i z. at 100, 12- 13, 14
P. 3d at 291 ( not i ng t hat t he abi l i t y of t he buyer t o per f or m
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goes t o t he hear t of t he t r ansact i on and t hat bot h pr i nci pal
and agent have a dut y to di scl ose) .
VI
18
For t he f or egoi ng r easons, we vacat e t he cour t of
appeal s opi ni on and af f i r m t he j udgment of t he super i or cour t .
Because the cont r act her e r equi r es t he pr evai l i ng par t y t o be
awar ded r easonabl e at t or neys f ees, we gr ant Harvey s r equest
f or at t or neys f ees.
_______________________________________Mi chael D. Ryan, J ust i ce
CONCURRI NG:
_______________________________________Rut h V. McGr egor , Chi ef J ust i ce
_______________________________________Rebecca Whi t e Ber ch, Vi ce Chi ef J ust i ce
_______________________________________Andr ew D. Hur wi t z, J ust i ce
_______________________________________
W. Scot t Bal es, J ust i ce
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B18(Official Form 18)(12/07)
United States Bankruptcy Court
District of New Mexico
Case No. 1011558j7
Chapter 7
In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address):Philip B. StoneP.O. Box 2626Santa Fe, NM 87504
Charlotte A. StoneP.O. Box 2626Santa Fe, NM 87504
Last four digits of Social Security or otherIndividual TaxpayerIdentification No(s)., (if any):
xxxxx5986 xxxxx6044
Employer's TaxIdentification No(s)., /Other No(s) (if any):
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. JacobvitzUnited States Bankruptcy Judge
SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.
Case 10-11558-j7 Doc 20 Filed 07/19/10 Entered 07/19/10 05:00:29 Page 1 of 2
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FORM B18 continued (12/07)
EXPLANATION OF BANKRUPTCY DISCHARGEIN A CHAPTER 7 CASE
This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and itdoes not determine how much money, if any, the trustee will pay to creditors.
Collection of Discharged Debts Prohibited
The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, acreditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wagesor other property, or to take any other action to collect a discharged debt from the debtor.[In a case involvingcommunity property:There are also special rules that protect certain community property owned by the debtor'sspouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to paydamages and attorney's fees to the debtor.
However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, againstthe debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, adebtor may voluntarily pay any debt that has been discharged.
Debts That are Discharged
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, butnot all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case wasbegun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debtsowed when the bankruptcy case was converted.)
Debts That are Not Discharged.
Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:
a. Debts for most taxes;
b. Debts incurred to pay nondischargeable taxes;
c. Debts that are domestic support obligations;
d. Debts for most student loans;
e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;
f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraftwhile intoxicated;
g. Some debts which were not properly listed by the debtor;
h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are notdischarged;
i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement incompliance with the Bankruptcy Code requirements for reaffirmation of debts; and
j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift SavingsPlan for federal employees for certain types of loans from these plans.
This information is only a general summary of the bankruptcy discharge. There are exceptions to thesegeneral rules. Because the law is complicated, you may want to consult an attorney to determine the exacteffect of the discharge in this case.
Case 10-11558-j7 Doc 20 Filed 07/19/10 Entered 07/19/10 05:00:29 Page 2 of 2
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RE: Form submission from: Consumer Complaint Form
From: ConsumerInfo([email protected])
Sent: Wed 8/13/14 6:20 PMTo: '[email protected]' ([email protected])
Dear Consumer, PLEASE DO NOT REPLY TO THIS E-MAIL
This e-mail is to acknowledge that your consumer complaint has been received by the
Consumer Information & Complaints Unit of the Arizona Attorney Generals Office.
Thank you for bringing this issue to our attention. We will work as quickly as
possible to process your complaint; however, the initial processing can take 2-3
weeks. Please be assured that once the initial processing is complete, you will
receive additional written correspondence via U.S. mail regarding your complaint.
For future inquiries on your complaint, please contact our office and one of our
staff members will be happy to assist you in obtaining the information you need.
You can reach our office at:
602.542.5763 - Phoenix Area
520.628.6504 - Tucson Area
1.800.352.8431 - Toll Free outside of Maricopa and Pima Counties
Sincerely,
Consumer Information and Complaints Unit
Arizona Attorney General
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the
sole use of the intended recipient(s) and may contain confidential and privileged
information. Any unauthorized review, use, disclosure or distribution is
prohibited. If you are not the intended recipient, please contact the sender by
reply e-mail and destroy all copies of the original message.
-----Original Message-----
From: [email protected] [mailto:[email protected]]
Sent: Wednesday, August 13, 2014 9:25 AM
To: OnlineComplaints
Subject: Form submission from: Consumer Complaint Form
Full Name: Christopher Stoller
Street Address: P.O. Box 60645
City: Chicago
State: Illinois
Zip Code: 60660
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Best Number to Call During Day: 312 834 9717
Phone: 312-545-4554
E-mail Address: [email protected]
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
August 14, 2014SERVICE 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 DavilaMark Hynes
C Martin Cliff
Western Progressive Arizona,
2002 Summit Blvd, suite 600
Atlanta, Ga 30319
Western Progressive-Arizona, Inc.
1150 E. University Drive
Tempe, AZ 85281
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Phone: 866-960-8299
http://www.altisource.com
ARIZONA ATTORNEY GENERAL COMPLAINT
OBJECTION TO NOTICE OF TRUSTEE SALE
Formal notice is hereby served upon the parties listed in the Service List that I
am filing an objection to the Notice of the Trustee Sale (Exhibit 1) with theArizona Attorney General's Office, pursuant to the legally described trust
propertythat will be sold, pursuant to the power of sale under that certain Deed
of Trust dated 05/02/2006 and recorded on 05/09/2006 as Instrument No. 20060627298,
Book----Page---and recorded on as in the official records of Maricopa County,
Arizona.
I am objection to the fraudulent Notice of trustee Sale (Exhibit 1) filed by
Western Progressive- Arizona, Inc., with the Maricopa County Recorder's Office on
7/23/2014 Document no. 20140480249 announcing that the my property known as 28437
N. 112fth Way, Scottsdale, Az 85262-4725 will be sold at public auction to the
highest bidder. At the main entrance of the Superior Court Building 201 W.
Jefferson, Phoenix Az 85003, on 11/12/2014 at 12:30PM of said day. at 1,Document 20140480249.
The Trustee has no power and/or authority to convey the deed of trust dated
05/02/2006 because Philip Stone quit claimed his interest to Christopher Stoller
Pension and Profit Sharing Plan Limited (CSPPSP) on September 19, 2008, recorded in
the Maricopa County Recorders Office 2008-0815422 on 09/22/08. The successor
trustee was divested of its power of sale after 09/22/08. On September 19, 2008,
Philip Stone transfers and conveys to CSPPSP a Bahamas Corporation, and/or
Christopher Stoller and/or Leo Stoller (collectively, Assignees), under the Law of
Assignments of Causes of Action, insofar as permitted by law, forever, any and all
causes of action, remedies, or claims, now or in the future, that Assignor CSPPSP
have against any party, not limited to financial institution, contractors,builders, and their employees, affiliates, successors and assigns, et al., as well
as the right to prosecute such causes of action in the name of Assignor or
Assignees or any of them , and the right to settle or otherwise resolve such causes
of action as Assignees sees fit, regarding the following real property in Maricopa
County, State of Arizona:
Lot 3, Pinnacle Foothills, according to Book 398 of Maps, Page 50, and
Affidavit of Correction recorded in Document No. 96-0145582, records of
Maricopa County, Arizona.
Assessor's Parcel Number: 216-74-044
Commonly known as: 28437 N. 112th Way, Scottsdale, Az 85262.
Claim(s) shall mean any claim, liability, right, demand, suit, matter, obligations,
damage, loss, cost, action k,or cause of action, of every kind and description that
Assignor has or may have, including assigned claims, whether known or unknown,
asserted or unasserted, latent or patent, that is, has been, could reasonably have
been, or in the future might reasonably be asserted, by Assignor in any action or
proceeding in court, regardless of legal theory and regardless of the type of
amount of relief or damages claimed, against any, known or unknown, arising from or
in any way relating to said property.
A full Release and Full Re-conveyance of said Deed of Trust and all other debts in
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connection with same, including the Adjustable Rate Note secured by the Deed 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) GeneralClaims 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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full conveyance of the Trustee Deed and the cancellation of all of debts, including
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, inMaricopa 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 thecurrent 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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WAPI (also known as Altisource Portfolio SA Solutions), William D. Shepro, William
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 willhave 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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William C. Erbey
Chairman of Altisource Portfolio Solutions S.A. Loretta E Lynch
William Shepro, Director U.S. AttorneyF. 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. TrusteesAltanta, 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 Office1275 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 have an attorney? No
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 60Military/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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Ocwen alleged Loan Number #7130908499 Philip B. Stone, 28437
N. 112th Way Scottsdale, Arizona 85262
From: >([email protected])
Sent: Sat 8/16/14 11:58 AM
To: [email protected]; [email protected]; [email protected];
[email protected]; [email protected]; [email protected]; Ask Doj
([email protected]); 2020 abc ([email protected]); Assig cbs ([email protected]); editors
newsweek ([email protected]); editor weeklystandard ([email protected]); editor
usatoday ([email protected]); Editor Tribune ([email protected]); Editor StLouisPaper
([email protected]); editor NewYork Times ([email protected]);
7 attachments112th way forclosure.pdf (164.2 KB) , Affidavit Release Reconveyance.pdf (57.0 KB) ,
Consumer Complaint Form _ Arizona Attorney General.pdf (80.8 KB) , Florida Attorney General
- Contact Form.pdf (327.9 KB) , Arizona2 AG Complaint 8-13-14.odt (26.5 KB) , Letter2 to
WPAI.odt (32.6 KB) , Letter to Ocwen.odt (27.5 KB)
RE: #7130908499 Philip B. Stone, 28437 N. 112th Way Scottsdale, Arizona 85262
Mr. Chirag Patel
Confirming your telephonic conversation Thursday, August 21, 2014. You confirmed that the Notice of Trustee
dated July 23, 2014 and recorded at the Maricopa County Recorder's Office document Number
20140480249 violates the Fari Debt Collection Act by attempting to collect a debt of Philip B. Stone that was
discharged in a New Mexico Bankruptcy proceeding. Mr. Patel you stated that Ocwen is aware of the Deed
of Re-Conveyance by certified mail. That Ocwen has no lawful insterest in the property known as 28437 N.
112th Way Scottsdale, Arizona 85262 and Ocwen Loan and/or its agent Western Progressive-Arizona, Inc.,
will immediately forward Notice to: 28437 N. 112th Way Scottsdale, Arizona 85262 that the Notice of
Trustee's Sale for November 12, 2014. You stated that you would immediately email Ocwen Loan to confirm
that the Notice of Trustee Sale has been permanently canceled.
You failure to notify us that this unlawful attempt to collect a debt and the Trustee Sale for November 12, 2014
will subject you personally to liability and being named in a U.S. Federal Racketeering Lawsuit.
You have up and until Thursday August 21, 2014 to respond. Please see attached confirming
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documents
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Ocwen is violating the consent decree Case No 13-cv-02025
From: Leo Stoller([email protected])
Sent: Wed 10/01/14 11:45 AMTo: [email protected] ([email protected]); [email protected]
([email protected]); [email protected] ([email protected]); [email protected]
([email protected]); [email protected] ([email protected]);
[email protected] ([email protected])
Cc: [email protected] ([email protected]); [email protected]
([email protected]); [email protected] ([email protected]);
[email protected] ([email protected]); [email protected]
([email protected]); [email protected] ([email protected]);
[email protected] ([email protected]); [email protected]
15 attachments
wilcox complaint.doc (79.0 KB) , Letter to Ocwen.odt (27.5 KB) , William B. Shepro2
complaint.doc (79.0 KB) , Consumer Complaint Form _ Arizona Attorney General.pdf (80.8
KB) , Affidavit Release Reconveyance.pdf (57.0 KB) , Exhibit 2 Liz Pendens Objection 8-9-
14.odt (29.3 KB) , Objection2 to trustee Sale.odt (32.1 KB) , email to Patel 8-15-14.pdf (118.5
KB) , Letter to WPAI.odt (32.8 KB) , wilcox email 8-16-14.pdf (447.6 KB) , Order of
Discharge.pdf (17.8 KB) , 112th way forclosure (1).pdf (164.2 KB) , Philip Bankruptcy
schedules.pdf (307.7 KB) , Receipt 8-14-14 collection complaint.pdf (119.2 KB) , 8-14-14 debt
collection complaint.pdf (164.7 KB)
Lucy Morris cfbp Deputy Director
Cara M. Petersen
Kirsten A. Ivey-Colson
Matthew F. Linter, Director Consumer Protection Div.
Jeffrey W. Stump, AG Georgia Department of Law [email protected]
Susan N. Ellis, Chief, Consumer Fraud, AG Illinois
Re: Ocwen violation of the Consent Decree, continuing to file fraudulent Notice(s) of Trustee Sales Seeattached documents.
Dear Ms. Lucy Morris
Ocwen is violating the consent decree Case No. 13-cv-02025. Ocwen has caused to be filed a fraudulent
Notice of Trustee Sale (Nov. 12,2014) on my family home located Scottsdale Arizona.
Ocwen and its third party agents Western Progressive Arizona, Inc., are attempting to foreclose on my family
home in which I do not owe any money. Ocwen through its third party agent has filed a fraudulent Notice of
USCA Case #14-5265 Document #1527076 Filed: 12/14/2014 Page 1 of 5
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Trustee Sale with the Arizona Maracopa Counter Recorders office which is attached, against the former owner,
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. SeeBullock 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 consentdecree.
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. SeeBullock 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,
/s/ Christopher Stoller
6045 W. Grand Avenue Apt 414
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8/21/2019 Motion to Default Bradley Arant Boult Cummings LLP for Indirect Criminal Contempt
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Chicago, Illinois 60660
312-834-9717
email [email protected]
cc:
Timothy Hayes [email protected]
General Counsel
Ocwen Financial Corporation
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
cc: William C. Erbey, Executive Chairman, Ocwen Board of Directors
Ronald M. Faris, Ocwen Board of Directors [email protected]
Ronald J. Korn, Ocwen Board of Directors [email protected]
William H. Lacy, Ocwen Board of Directors [email protected]
Wilbur L. Ross, Jr., Ocwen Board of Directors [email protected]
Robert A. Salcetti, Ocwen Board of Directors [email protected]
Barry N. Wish, Ocwen Board of Directors [email protected]
Mitra Hormozi, Zuckerman Spaeder LLP
James Sottile, Zuckerman Spaeder LLP
________________________________________________________________________
From: [email protected]
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
Jose