Robert R. Maddox is Charged with Indirect Criminal Contempt, fraud, conspiracy

8/21/2019 Robert R. Maddox is Charged with Indirect Criminal Contempt, fraud, conspiracy

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USCA Case #14-5265 Document #1527076 Filed: 12/14/2014 Page 1 of 20

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1

SUPREME COURT OF ARI ZONAEn Banc

I VO QUEI ROZ, an unmar r i ed man, ) Ar i zona Supreme Cour t) No. CV- 08- 0308- PR

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.

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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

[email protected]

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

[email protected]

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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ClosePrint

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]);

[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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ClosePrint

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])

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


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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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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]

To: [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

Joseph Smith in his court-appointed role to oversee the participating banks compliance with the national mortgage

settlement (NMS). The Monitors role is dictated by Exhibit D of the Consent Judgments with Ocwen and,

unfortunately, we are unable to intervene on behalf of individual homeowners. However, there are some


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resources available to help homeowners and your best option would be to continue working with your states

Attorney General. In addition, you may also contact the Consumer Financial Protection Bureau at

http://www.consumerfinance.gov or 855-411-2372.

Thank you.

Office of Mortgage Settlement Oversight

P.O. Box 2091

Raleigh, NC 27602

(919)825-4748



CC: [email protected]; [email protected]; [email protected]

Subject: Ocwen is violating the consent decree Case No 13-cv-02025

Date: Mon, 29 Sep 2014 17:33:01 -0500

:JosephA. Smith Jr


301 Fayetteville St., Suite 1801

Raleigh, NC 27601

Phone: 919-825-4748

Email: [email protected]


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Re: Ocwen is violating the Consent decree in Case No. 13-cv-0202

Mr. Smith

Ocwen caused a fraudulent Notice of Trustee Sale of my family home in Scottsdale Arizona. I have advised

Ocwen and their third party representatives to immediately withdraw the Notice of Trustee Sale scheduled for

November 12, 2014 see attached documents, notices of complaints, attorney disciplinary complaints etc.

Please direct Ocwen to vacate the said Notice of Trustee Sale which is scheduled for Nov. 12, 2014 see

attached. The said notice of Trustee Sale is a fraudulent document filed with the Maricopa County Recorders

Office in clear violations of numerous terms of the said consent decree which Ocwen signed and you are

responsible for enforcing. The accompanying documents support my claims. I need you help to enforce theConsent Decree against Ocwen, because they have ignored all of my correspondence.

If you need any other documents, please call me 312-283-9717

Most Cordially,

Christopher Stoller

6045 w Grand Ave Apt 414



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ClosePrint

RE: Ocwen is violating the consent decree Case No 13-cv-02025

From: Ombudsman([email protected])

Sent: Thu 10/16/14 4:27 PMTo: [email protected] ([email protected])

3 attachments

Stone Adjustable Rate Note.pdf (449.8 KB) , Stone Deed of Trust.pdf (1437.4 KB) , Stone

Ocwen PRH.pdf (12.3 KB)

Dear Christopher Stoller:

Ocwen Loan Servicings office of the CEO and President acknowledges receipt of your e-mail

correspondence dated October 1, 2014. As the Consumer/Customer Advocate, the Office of the

Ombudsman welcomes the opportunity to respond to your inquiry.

Attached are copies of the signed original Adjustable Rate Note and Deed of Trust signed by Mr.

Philip B. Stone indicating that the loan originated on May 2, 2006, with Countrywide Bank, N.A.

Ocwen commenced servicing this loan from Bank of America (BOA) on September 8, 2012, with

the last payment satisfied on the loan being February 1, 2008 payment.

Please be advised that Quit Claim Deed only transfers the title of the property to the person named

in the deed but it does not relinquish the person who signed the Adjustable Rate Note from their

responsibilities to a lender. However, please note that you did not sign the original collateral

documents.

A review of the loan indicates that Mr. Stone filed for protection under Bankruptcy Chapter 7 on

March 30, 2010, which was eventually discharged on July 19, 2010. As the bankruptcy has been

discharged, Mr. Stone is no longer personally liable for the debt. However, this is still a valid lien

and Ocwen may foreclose its security interest in the Real Property under the terms of the original

loan documents if the required payments are not received in a timely manner.

Please note foreclosure proceedings can be initiated if the loan is delinquent by three (3) or more

payment. Consequently, foreclosure proceedings were initiated on the loan on February 21, 2014; at

that time last payment satisfied on the loan was February 1, 2008 payment.


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Attached for your review is the Ocwen Payment Reconciliation History (PRH), which indicates that

Ocwen has not received any payments on the loan since they commenced servicing of the loan and

the resulting loan status.

In order to permanently remove Mr. Stones name from the loan, you may opt to either refinance or

assume the loan. In order to confirm if the loan is assumable and request for an Assumption

Package, you may send in a written request along with a clear copy of the Driver's License to the

fax number at (407) 737-5802. Please note that Ocwen is not in a position to refinance the loans

directly. However, you may wish to approach other financial institutions, in order to refinance the

loan or if required you may contact Ocwens Customer Care Center at (800) 746-2936 for further

assistance regarding this matter.

As of the date of this email, the last payment satisfied on the loan is the February 1, 2008 payment.

The foreclosure is presently on hold. Please note Ocwen will continue to service the loan according

to the terms and conditions of the signed loan documents in order to protect its lien position and

interest in the property.

If you and/or Mr. Stone require any further assistance regarding the loan, you may contact Ocwens

Customer Care Center.

The Office of the Consumer Ombudsman is an advocate in ensuring that Ocwen's servicing of the

loan remains fair, reasonable and proper. If you still have unresolved issues, please feel free to

contact this Office at (800) 390-4656.

Sincerely,

Nilekha Ghate

Consumer Account Analyst

Office of the Consumer Ombudsman

Ocwen Loan Servicing, LLC


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NMLS#1852

Please Note: This is an attempt to collect a debt and any information obtained will be used for that purpose. However, if

you have an active bankruptcy case or have received an Order of Discharge from a Bankruptcy Court, the following

Notice Regarding Bankruptcy applies.

Notice Regarding Bankruptcy: Please be advised that if you are part of an active Bankruptcy case or if you have

received an Order of Discharge from a Bankruptcy Court, this letter is in no way an attempt to collect either a pre-

petition, post petition or discharged debt. If your bankruptcy case is stil l active, no action will be taken in willful

violation of the Automatic Stay. If you have received an Order of Discharge in a Chapter 7 case, any action taken by us

is for the sole purpose of protecting our lien interest in the underlying mortgaged property and is not an attempt to

recover any amounts from you personally. Finall y, if you are in an active Chapter 11, 12 or 13 bankruptcy case and an

Order for Relief from the Automatic Stay has not been issued, you should continue to make payments in accordance

with your plan.

P.O. Box 785061, Orlando, FL 32878-5061

Telephone: (800) 390-4656 Fax: (866) 771-5152

NMLS # 1852

From:Faris, Ronald

Sent:Wednesday, October 01, 2014 1:23 PM

Subject:Fwd: Ocwen is violating the consent decree Case No 13-cv-02025

Sent from my iPad

Begin forwarded message:

From:"Leo Stoller"

To:"[email protected]" , "[email protected]"

, "[email protected]" ,


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"[email protected]" , "kirsten.ivey-

[email protected]" , "[email protected]"

Cc:"Erbey, William" , "Faris, Ronald"

, "[email protected]"



, "[email protected]", "[email protected]"

, "Hayes, Timothy M"

Subject:Ocwen is violating the consent decree Case No 13-cv-02025

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 [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 See attached 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 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. See Bullock 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,


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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 Saleattached 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 consent decree.

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. See Bullock 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


312-834-9717

email [email protected]


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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 ronald.korn

@ocwen.com

William H. Lacy, Ocwen Board of Directors william.lacy

@ocwen.com

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]: [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 beencreated to assist Monitor Joseph Smith in his court-appointed role to oversee the

participating banks compliance with the national mortgage settlement (NMS). The

Monitors role is dictated by Exhibit D of the Consent Judgments with Ocwen and,

unfortunately, we are unable to intervene on behalf of individual homeowners.

However, there are some resources available to help homeowners and your best

option would be to continue working with your states Attorney General. In addition,

you may also contact the Consumer Financial Protection Bureau at

http://www.consumerfinance.govor 855-411-2372.


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Thank you.

________________________________


P.O. Box 2091

Raleigh, NC 27602

(919)825-4748

________________________________



CC: [email protected];[email protected]; [email protected]

Subject: Ocwen is violating the consent decree Case No 13-cv-02025

Date: Mon, 29 Sep 2014 17:33:01 -0500

:Joseph A. Smith Jr


301 Fayetteville St., Suite 1801

Raleigh, NC 27601

Phone: 919-825-4748

Email: [email protected]

Re: Ocwen is violating the Consent decree in Case No. 13-cv-0202


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Mr. Smith

Ocwen caused a fraudulent Notice of Trustee Sale of my family home in Scottsdale

Arizona. I have advised Ocwen and their third party representatives to immediately

withdraw the Notice of Trustee Sale scheduled for November 12, 2014 see

attached documents, notices of complaints, attorney disciplinary complaints etc.

Please direct Ocwen to vacate the said Notice of Trustee Sale which is scheduled

for Nov. 12, 2014 see attached. The said notice of Trustee Sale is a fraudulent

document filed with the Maricopa County Recorders Office in clear violations of

numerous terms of the said consent decree which Ocwen signed and you are

responsible for enforcing. The accompanying documents support my claims. I need

you help to enforce the Consent Decree against Ocwen, because they have ignored

all of my correspondence.

If you need any other documents, please call me 312-283-9717

Most Cordially,

Christopher Stoller

6045 w Grand Ave Apt 414



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***********************************************************************************

This E-mail message and any attachments are intended solely for the use of the addressee hereof and may contain information that is confidential,

rivileged and/or exempt from disclosure under applicable law. Delivery of this message to any person other than the intended recipient shall not

constitute a waiver of any right, p rivilege or exemption. If you are not the intended recipient, please immediately notify the sender by reply E-mail and

ermanently delete this message from your system without reproducing or disclosing it to any third party. While Ocwen Financial Corporation and i ts

subsidiaries take reasonable precautions to prevent transmission of software viruses, we cannot guarantee the same and we therefore disclaim liability for

any damage sustained by you or any third party as a result thereof

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This E-mail message and any attachments are intended solely for the use of the addressee hereof and may contain information that is confidential,

rivileged and/or exempt from disclosure under applicable law. Delivery of this message to any person other than the intended recipient shall not

constitute a waiver of any right, p rivilege or exemption. If you are not the intended recipient, please immediately notify the sender by reply E-mail and

ermanently delete this message from your system without reproducing or disclosing it to any third party. While Ocwen Financial Corporation and i ts

subsidiaries take reasonable precautions to prevent transmission of software viruses, we cannot guarantee the same and we therefore disclaim liability for

any damage sustained by you or any third party as a result thereof

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8/21/2019 Robert R. Maddox is Ch

Robert R. Maddox is Charged with Indirect Criminal Contempt, fraud, conspiracy

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