Ignorance is No Excuse: Not Even When You’re the Bank

Lansing (MI) skyline as seen from the east.

Lansing (MI) skyline as seen from the east. (Photo credit: Wikipedia)


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.


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8 Responses to Ignorance is No Excuse: Not Even When You’re the Bank

  1. kentuckygirl says:

    Congratulations, Sheryl! I too, know the evil that is Ocwen…I beat them WITH PREJUDICE as a Pro Se more than a year ago yet they will not stop – keep trying to “inspect” my home and seek revenge on me and innocent family members…they are diabolical.

  2. kentuckygirl says:

    I Also have tons of research and incriminating information about Ocwen that you are welcome to use…

  3. Hopefully I will get to take US BANK to trial for fraud as planned Feb 3- for all of us. Not surprisingly, , they lied in my lawsuit and suppressed evidence, failed to cooperate in discovery, and committed fraud upon the court by pretending some interoffice memo was a letter to me.
    Enough is enough.

  4. Sheryl,

    Good for you, keep up the good fight and thanks for the reminder about standing on our faith. You are right, most of us have been raised to tell the truth and do the right thing so it is unbelievable as we watch these large corporate institutions lie and steal from people with no conscience. As your description has confirmed, their battle cry is: “The right hand doesn’t know what the left hand is doing.” That is what gives them the excuse to continue on their obvious trail of fraud and abuse of the homebuyers…that and their hope for complicity in the courtroom.

    Ezekiel 22:12-14
    12 In you they take bribes to shed blood; you take usury and increase; you have made profit from your neighbors by extortion, and have forgotten Me,” says the Lord God.

    13 “Behold, therefore, I beat My fists at the dishonest profit which you have made, and at the bloodshed which has been in your midst. 14 Can your heart endure, or can your hands remain strong, in the days when I shall deal with you? I, the Lord, have spoken, and will do it.

    All my best,


  5. hi I have been fighting Ocwen since 2009, December 2010 in court and just recently in the Ohio Fifth District Court of Appeals. The appeals court has not filed an opinion yet but has decided in my favor that the 10% default fees are illegal in Ohio and 5 % is the max .. With that the default notices demanding the illegal fees are not sufficient to accelerate the note , hence no default notice + no acceleration. The 18 payments I made by cashiers checks that Ocwen refused (returned ) are properly tendered and they need to apply those . and that since I married and the judge did not give my wife a chance to file an answer to the original complaint that the wife has that right. the court also noticed I paid off the loan so that the plaintiff cannot come back and try to claim against me again, and that I by law should now be entitled to the loan company forfeiting all of the interest I paid for 14 years. the illegal late charges all costs for 20K in legal fees etc.. still waiting on a ruling of illegal insurance or criminal insurance … Dianne

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