Wednesday was a sight to behold in Courtroom 8 at the Ingham County Courthouse in Lansing. For the first time in this unwanted journey, we were able to witness the total ineptness of a law firm representing Ocwen. First, the banks’ attorney was held up almost two hours due to an accident on the expressway; however, she was anxious to get this matter “out of the way” and continued despite the lengthy traffic jam. We were relieved because, obviously, we had driven over an hour ourselves to get there and at this point in the game, wanted to bring this to fruition and have our answers.
When the banks’ attorney finally arrived she looked harried and annoyed; she had no clue how annoyed she was going to become. When the hearing finally started, she presented her reasoning as to why the bank should be excused for their negligence. Her excuse that the former attorneys that had represented Saxon/US Bank in our first ordeals had dropped the ball and Ocwen was forced to go scrambling for new representation fell on deaf ears. First of all, that case and their involvement came to an end in January of 2012. It was also noted that Ocwen had refused to answer any communications, both before and after they had received the insurance check. The insurance check was in their possession within two days of the insurance company issuing it as verified by their own timestamp.
Her claim for “meritorious defense” also failed miserably when she claimed that the “questionable mortgage” had been preserved by the bankruptcy court for the benefit of the estate. Talk about someone not doing their homework. When the US District Court (twice) and the US Circuit Court decided that the mortgage was, indeed, void ab-initio; that decision took everything back to the date that the original avoidance motion was granted by the Bankruptcy Court. This preservation that she speaks of was done over a month later as an amended motion by the Trustee, so therefore, she did not do her homework.
It was strikingly evident, by the immature actions of this attorney, in the hallway after she had lost, that there is an appeal to this verdict in our near future. However, in the meantime, she may want to get that check signed and delivered before we hit her bank with more sanctions for conversion of funds. It took us years to get the mortgage truly avoided thanks to the banks delay tactics and lies. Almost two years later they pretend that nothing has changed. Maybe yesterday was a wake-up call.
All that being said, there is still on the table, the judgment that we were awarded by the bankruptcy court in 2007, of which will be starting to take off here very shortly. Since I have gotten with this firm, one of my main objectives has been to force the bank to show us the note. Not the copy of the note that was in our packet that they made when we were at our deposition in 2006; I want the one that shows all legal assignments. Seems we have discovered that New Century only assigned the mortgage to US Bank; it never assigned the note. How magnificently amazing is this little fact? You are telling me that US Bank never had the “right” to come after us? Are you telling me that we have unjustly been forced into years of litigation in the Michigan court system and you don’t even hold the note? All I can do, in the instant, is shake my head in utter amazement. Would this not constitute another fraud that has been committed against us, the innocent homeowner? Ah, what a tangled web we weave when we attempt to deceive…
I have stood strong upon my faith throughout and Wednesday was one of the more exceptional days of the past ten years. The only things that topped it were the wedding of my son and the birth of three grandchildren. This has been a hard nine years and it is nice to be nearing the end of this chapter. It’s a time that I need to reflect on what I have learned; take the lessons to heart that have meaning and throw away all the rest. Soon, the final gavel will fall in our case; the hard years will be behind us. My only advice is that no matter how bad they beat you down; no matter how people treat you or react to your situation; always be aware that it is your situation, not theirs. Their opinions are just that, opinions, and we are all entitled to those. You stand your ground and you stand on the truth. People will berate you for the emotions that take over acting as if you are making a big deal out of “nothing”. What is nothing to one is the world to another and none of us have the right to choose peoples’ dreams and aspirations. We all, ultimately, are responsible for how we feel, but that responsibility is to ourselves first and foremost. What good are we to anyone else if we aren’t good with what is within our own being? Take charge, formulate action and stay true to your cause.
Most of us have been raised to tell the truth and be honest with our situation. Most of us try to do the right thing. If you have been true about your situation and you have been violated and had a criminal action taken against you, then you need to stand on your faith and fight. You do not stand alone.