Robin
Waldron,#2Consumer Comment
Mon, September 08, 2003
If you have sent a notarized affidavit to Mr. Hanson, you are certainly included in this suit. If you are in doubt, please contact Mr. Hanson to verify. These affidavits are not being collected so that Mr. Hanson advances only his own case; it is for ALL of you! I do not know if this is how cases in Federal Court normally progress. I would assume that there would be an initial flurry of motions, counter-motions, objections, and counter-objections at the beginning of any case, especially one involving so many parties. One would expect at some point, though, that things would settle down and PROGRESSnot just sit there mired to the knees in gooey tar. This complaint was filed on June 5, 2002. Along with the complaint, Mr. Hanson filed (on the same day) motions for Temporary Restraining Orders and a Preliminary Injunction. Both these motions were geared toward preventing Ocwen from carrying out foreclosures while this suit is ongoing. The temporary restraining order was denied on 06/13/2002. This motion for Preliminary Injunction was denied on 02/10/2003! Eight months before the judge got around to it! On 07/19/2002, Mr. Hanson filed an Amended Motion for Preliminary Injunction. As far as I can see, this motion has been neither granted nor denied. It languishes somewhere out there. Mr. Hanson has attempted to get some protection for borrowers involved in this suit. It was denied once and the other motion is in suspended animation, awaiting the Second Coming or something. I am reading all this off a Pacer printout and it does not always provide the level of detail I would like. I see a lot of denied signatures on Mr. Hansons motions, a lot of granted signatures for Ocwens motions. It took the court only six days to deny a motion that the judge in this case recuse himself; that is a worlds land-speed record for this case! I see very few days that have not had some activity in this case either on Mr. Hansons attorneys part or the other side. Motions, Notices, Supplemental Briefs, Orders, Responses, Oppositionsit is dizzying! All that activity and NO progresshow can that be? Mr. Hanson and his attorneys have tried to push this thing into motion more than once. The last attempt was on 08/20/2003 when a motion for monetary sanctions against Ocwen for non-disclosure was filed. Normally, this threat would result in some kind of action, but I have no way of knowing whether that motion will be granted, denied, or join the Amended Preliminary Injunction Motion in Never-Never Land! So, RaeAnn, this is pretty much where it stands today. I am seeing a disturbing trend among people involved in this suit posting complaints that they feel they are being rushed toward foreclosure. With the first motion for injunction being denied and the second one in limbo, I suppose it is legal for Ocwen to do that. And Ocwen seems to be taking full advantage of that loophole. I dont think the judge in this case meant for it to be this way, but if he is expecting moral or ethical behavior from Ocwen, he is asking too much. If Ocwen were moral and ethical, this suit would not exist in the first place! If the mortgage specialist who attempted to help with your refinance would be willing to go to court, that would be a great boon to all. The judge can dismiss plain folks pretty easily, but when Ocwen manages to kibosh, dumbfound and mystify professionals, thats big news. It would be a lot harder for Ocwen to claim that this professional man is a stupid deadbeat who doesnt understand how this business works! I wish there was more I could say in the way of encouragement. Since this thing is moving both faster than the speed of light and slower than a snail with a limp at the same time, there is no formula to calculate the end of it. It is breaking the Laws of Physics! I do not think Ocwen would be above dazzling the Court with its battery of expensive lawyers and mountains of paperwork, while at the same time decimating this suit from the bottom up by quietly foreclosing or harassing plaintiffs out of their homes all these months. With Ocwen, it is important to watch BOTH hands at all times. Watching just one at a time will get you blindsided! Ocwen is accomplished in the art of sleight-of-hand. It produces inexplicable profits from thin air! It forecloses faster than a speeding bullet! It may even be flipping notes and properties, considering that it likes to buy these foreclosed properties for itself. I put nothing past Ocwen the Outlandish! If Judge Droney thought that Ocwen would play fair during this suit, he has miscalculated what Ocwen is capable of. Ocwen will continue down the path to perdition unchecked. There is always the hope that given enough rope, Ocwen will hang itself.
RaeAnn
Jackson,#3Consumer Comment
Sat, September 06, 2003
I have sent in my paperwork to Mr.Hanson and I'm wondering, does that automatically mean I have joined the class-action suite? I had a man at my door today (an independant contractor) who works with several banks, including Ocwen, checking if my utilities were on and if I still lived here because Ocwen wants to talk with me. I said "Sure they do", I was just on the phone with them a few days ago because for the 4th time they say I don't have insurance on my home. My insurance agent and the company have sent several copies proving I do and they just want to keep harassing me. Now, they are sending people to my door. What can I do to stop this? I keep getting papers from them saying that they are now auditing my account and I have to again send proof of everything because they don't have the paperwork. I would like to know if I am included in the law suite or if they are just using my papers for their suite? I have tried for 4 months to refinacne my home and the gentleman that was helping is at an end. He will be a witness for me if I have to go to court to try and save my home. By the way, the contractor that was at my door had a print-out of the law suite against Ocwen and told me if I haven't already joined, it would be a good move to look into. He has a friend that is with Ocwen and that he sent in his paperwork also.
Robin
Waldron,#4Consumer Comment
Fri, September 05, 2003
This case has become an exercise in frustration for everyone. There may be a bright side to this, though. Judge Droney did not excuse himself from this case, nor has he dismissed this case. And he may be starting to get the idea that some of are watching with bewilderment as time passes.. I have only had experience with lower courts (and limited at that) where it seems that cases get dispatched with great speed. The judge says, this is legal or this is not legal and it is done. Perhaps the higher courts have more to weigh in on before they make decisions; I dont know. I have seen a lot of activity on the part of the Plaintiffs (Mr. Hanson and you and all the rest); very little from the Defendants other than repeated motions to have this whole case dismissed. At first, this was looking like an elaborate, choreographed dance; one step forward, two steps back. Not anymore, as I have not seen any real steps by Ocwen at all. Ocwen has over and over again displayed an unwillingness to be where they are, period. They are beginning to come off as sullen spoiled brats with their lower lips pooched out to there! If Ocwen had a defense, I think it would have been produced in court a long time ago. They want to just say It is right because we say so, stamp their feet, and leave in a huff. This approach would not work in a lower court, either. I wonder if Ocwen knows that? Perhaps this is more like a football game. Looked at in that context, the Hanson team has been passing, punting, and working their way down the field patiently and consistently all these months. Ocwen has done nothing much other than block, block, block. So, what might happen on October 15, 2003? Commentator: Well, its first and goal for the Hanson Team. All those months of hard work are really starting to pay off. The Hanson Team is six inches from the goal line now. Of course, the Ocwen Team is well-known for its ability to block and stonewall. Referee Droney is not letting them run the clock out, though. He is forcing the Ocwen Team to play ball! Whats this?? The Ocwen Team all has its pants down around its ankles and their shoelaces are tied together!! Theres no way they can stop Hansons Team in this condition! Perhaps the Ocwen Team should have tried to do a bit more than block all this time, because they are in a precarious position right now! Now what?? Referee Droney has given the Ocwen Team an Unsportsmanlike Conduct penalty for goofing off this entire game and wasting his time! Hansons Team walks the ball over the goal line and its TOUCHDOWN, HANSON AND TEAM!! (And the crowd goes wild) We hope. Dont give up, Bob. I know this has been another year+ that you and so many others have had to struggle in the clutches of Ocwen. Most of us have an innate sense of what is right and good and decent to guide us. (Humans that lack these innate qualities do not usually become Federal Judges; they become con-men!) We also possess an innate sense of what is wrong, evil and indecent. A college education is not a prerequisite for knowing these things. Judge Droney sounds like a basically good person. I think when it comes to the clinch, Judge Droney WILL force Ocwen to play ball. And I think when that finally happens, Ocwen is going to fumble it in a huge way! Dont leave the huddle yet! This has all been a warm-up. The real contest will begin in mid-October. I am laying odds on human goodness to win out in this contest. My bets are on the Hanson Team!