Livinglies's Weblog

Ocwen is the parent company, and PHH is said to be a subsidiary and subservicer in charge of underperforming or nonperforming accounts.

Those who read these pages know that I have taken the position, successfully in many court cases, that Ocwen is not doing anything, and neither is PHH. They are fronts for third-party FINTECH companies (mainly CoreLogic, FiServ and BlackKnight).

To make this point, you need to establish that the opposing lawyer is unwilling or unable to corroborate the truth of the matters he is asserting in court.

One effective way of doing that is to subpoena specific people who allegedly work at Ocwen or PHH. One such person is Scott Anderson, Executive Vice President and Chief Servicing Officer.

The subpoena should specify the account and the documents (duces tecum) he should bring with him to a deposition. Opposing counsel will fight you every step of the way.

Your narrative in support of issuing the subpoena is simple: you want to corroborate or disprove the assertion or implied assertion that Ocwen is performing any servicing function on behalf of a creditor who maintains an unpaid loan account on their books and records due from the homeowner.

Secondly, if Ocwen is not performing any such servicing functions, then their ‘records” are not admissible, and your narrative is that you want to find anyone with admissible records.

Ocwen’s records are not admissible if they are merely reports generated by third parties from third party data. Unless Ocwen’s records go back to a time when it or its predecessor was actually receiving payments and depositing those payments into an account owned by or controlled by Ocwen, no Ocwen records would show any such business conducted by Ocwen. As such, they would not be business records and, therefore, not an exception to exclusion by the hearsay rule.

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Neil F Garfield, MBA, JD, 75, is a Florida licensed trial and appellate attorney since 1977. He has received multiple academic and achievement awards in business, accounting and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
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FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

Yes you DO need a lawyer.
If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.

Please visit www.lendinglies.com for more information.

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