As foreclosure defense lawyers have been saying for years, the Ocwen Boarding process is a sham. “This boarding process is a legal fiction, and it means something different to every entity,” Butchko ruled from the bench during a March 17 hearing.
Ocwen does not verify any of the data. It downloads it and then “calls it a day.”
“I have done this investigation for a long time,” he said, noting, “The appellate courts are going under this presumption that there is some type of meaningful auditing and verification.” But Jacobs maintained, “You just heard it from a lawyer who knows how to properly phrase the questions that she’s basically testifying to all — all of this is still hearsay.
”Butchko granted an involuntary dismissal in HSBC Bank USA’s suit against Miami homeowner Joseph Buset, whose loan was initially serviced by Litton Loan Servicing LP, which Ocwen acquired in 2011.
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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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See Home Foreclosure Fails on OCwen Servicing Records
Bruce Jacobs, a Foreclosure defense lawyer won this case. It was in 2016 and was, as usual, under-reported. The case hinged on the prior records of Litton Loan Servicing that Ocwen had acquired. The robo-witness could only testify that Ocwen employees had matched fields and columns on the payment history and had done nothing else. Hence verification was nonexistent.
[Judge] Butchko had to decide how to treat loan documents that became part of Ocwen’s business records but remained subject to hearsay objections unless the company could show it independently verified the data after transferring the loans. She considered evidence on Ocwen’s boarding process — the procedure by which financial services companies transfer account data from one lenders’ management system to another after trading loan portfolios.
Witnesses for lenders in foreclosure cases must show they did independent fact-checking to qualify their files as business records and not hearsay.
All records in digital or hard copy are hearsay by definition. The only issue is whether a proper foundation has been offered by the robo-witness to claim that the “documents” qualify as an exception to the hearsay rule and that therefore they should be admitted into evidence. This case on Ocwen clearly shows that the testimony by dozens of Ocwen robo-witnesses has been false.
Based upon information I have received from credible sources I think the problem is worse than that. My sources tell me that the records are not uploaded or transferred. The only thing that happens is that the user name and password is changed. That is why the records of the prior servicer are NEVER introduced. It may be that Ocwen changes the fields and columns to make it appear that the records have been processed, but based upon my information the Ocwen records are often taken from the same database. That being the case, the robo-witness should have been an employee of the former Litton servicing.
Filed under: boarding process, foreclosure, hearsay, legal standing, standing | Tagged: boarding process, bruce jacobs, business records exception, evidence, hearsay, Ocwen |
The order of involuntary dismissal was issued May 4, 2016 (or thereabouts). There has been considerable activity in the case since then. A quick review of the active case docket on the Miami-Dade County Clerk website, available to the public, shows perhaps as many as 100 additional docket entries. The most recent filing was in July of this year and looks to be more than 350 pages long. The case isn’t yet completed, or finished, at trial court level. It is premature to call it a victory.
Reblogged this on California freelance paralegal and commented:
If only more judges would act like Beatrice Butchko did in this case.
Ocwen is just an enabler. Ocwen just accepts what their clients present to them. Ocwen records are incomplete and false. Ocwen relies on what their clients submit to them. Who are Ocwen’s clients? And, what did they submit to Ocwen? Excellent article.
There are people on the street. Bruce Nelson — know others – elderly – sick – Children – vulnerable – victims — on the street. Enough is enough.
We are dealing with debt collection – biggest business in the world. Documents are fake and false. But, the fake documents are not the cause of the problem – they are are the result of what really happened.
There is no rentals for these people being put on the street. Rental prices are sky high. Especially in NY, CA, NJ, and other states who don’t have a clue what is going on. Houses are being sold for cash. To who? Thus, elderly, sick, children, low/middle -income, minorities – being put on the street. Media is not listening. Too worried about liberal rights that are not relevant to fixing the situation. And, Republicans only care about returning to the bad liberal economic/financial policies of the past.
NO WIN situation. The truth is not being told. .
I have a 2013 depo that confirms this… OCWEN stooge barely knew anything pertaining to record verification and didn’t really know anything beyond LPS desktop nomenclature.
The servicers never have the correct legal documents. Entities that do no own the debt/note get a free house.
No way I can ever afford any legal assist as Wilbur Ross Jr and his AHMSI rip off company and Ocwen Financial stole my debt free $340k equity in 2013 with a Oregon Fed Ct Judge giving my home to Ross et al with NOR EVEIDENCE under laws of TILA for any PROOF of Standing. I loose at age 78, disabled vet due to a crooked Federal Court Judge (this is fact not fiction) which I can prove but have no assets thanks to ROSS AHMSI et al conning Judge Anna Brown, 12th Dist Fed Ct , Portland, OR 2013, evicting me because I was pro se and never recieved ANY court docs in my name, I was, in fact the titled owner of record since January 2009, encumbrance free by AHMSI faiulure to provide ANY legal proof of standing in lower court, Plok Vounty, OR, Judge Horner, Presiding. I am a pauper having lost all that equity which AAG was just about to finalize its #40k AAG appraisel for a $300k reverse mortgage. I loose to a ccriminal who is now the USA Secretaru of Commerce, a NILLIONARRE named Wilbur Ross Jr, appt by Mr never does anything wrpng TRUMP. Federal Ct Judges almost always rule in favor of ultra wealthy litigants. Ross is one of thiose who gets favorably Federal Ct treatment, Anna Brown hates pro se paupers. I loose and am evicted since 2013 and even CFPB failed me vs Ocwen, Ross best friend Ocwen CEO and business partner in Ocwens illegal felonies with Cyprus Bank and Duetche Bane doing $$ deals with Russian Oligarchs…google this shit. If you are poor you loose. Biterly I remainbruce R nwelson geezerkatz$yahoo.co, (often blogger on LivingLies/Foreclosure Fraud since early 2009