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Bowder v. PHH Mortgage Services
(3:21-cv-00413)
District Court, S.D. Illinois
APR 26, 2021 | REPUBLISHED BY LIT: JUL 20, 2021
There’s an epidemic of complaints against PHH Mortgage and Ocwen chasing old discharged bankruptcy debts. This is happening in courts nationwide. This case is in Illinois.
Update: Aug. 9, 2021 – Settled, Case Closed.
Shazaaaaammmm! After LIT lights up this case, the Magistrate gets punted, District Judge assigned and today two orders go up re settlement of claims.https://t.co/2wLgqWhuqh#OperationWhiteout pic.twitter.com/ftIGwWuqTk
— LawsInTexas (@lawsintexasusa) August 9, 2021
Lender Application Fraud: Homeowners Pay The Price Due to Judicial Corruption and Gov. Interference.
U.S. Attorney’s and investigative partners across the country are selectively committed to holding lenders accountable for liar loans.
CFPB Respond to PHH Ocwen’s Claims
Ocwens’ Consent Judgment had two sets of obligations: complying with federal and state law, and complying with the fencing-in provisions.
Ocwen Respond to CFPB’s Arguments at the Court of Appeals for the Eleventh Circuit
Even under a traditional res judicata approach, Marra appropriately considered the terms of the Consent Judgment. CFPB’s claims are barred.
| DEC,JCE |
U.S. District Court
Southern District of Illinois (East St. Louis)
CIVIL DOCKET FOR CASE #: 3:21-cv-00413-SPM
| Bowder et al v. PHH Mortgage Services Assigned to: Judge Stephen P. McGlynn Cause: 15:1692 Fair Debt Collection Act |
Date Filed: 04/26/2021 Jury Demand: Plaintiff Nature of Suit: 480 Consumer Credit Jurisdiction: Federal Question |
| Plaintiff | ||
| David Lee Bowder | represented by | Ronald A. Buch Law Offices of William A. Mueller, LLC 5312 West Main Street Belleville, IL 62226 618-236-7000 Fax: 618-236-7002 Email: belleville@tbcwam.com ATTORNEY TO BE NOTICEDKimberly D. Litherland Heavner, Beyers & Mihlar, LLC 111 East Main Street Suite 200 Decatur, IL 62525 217-422-1719 Fax: 217-422-1754 Email: kimberlylitherland@hsbattys.com ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Brenda Kay Bowder | represented by | Ronald A. Buch (See above for address) ATTORNEY TO BE NOTICEDKimberly D. Litherland (See above for address) ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| PHH Mortgage Services | represented by | Caleb J. Halberg Dykema Gossett PLLC 10 South Wacker Drive Suite 2300 Chicago, IL 60606 312-627-2264 Fax: 855-252-7986 Email: chalberg@dykema.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/26/2021 | 1 |
COMPLAINT against PHH Mortgage Services ( Filing fee $ 402 receipt number 0754-4462941.), filed by David Lee Bowder, Brenda Kay Bowder. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Civil Cover Sheet, # 21 Summons)(Litherland, Kimberly) (Entered: 04/26/2021) |
| 04/26/2021 | 2 | NOTICE of Appearance by Kimberly D. Litherland on behalf of Brenda Kay Bowder, David Lee Bowder (Litherland, Kimberly) (Entered: 04/26/2021) |
| 04/26/2021 | 3 | NOTICE of Appearance by Ronald A. Buch on behalf of Brenda Kay Bowder, David Lee Bowder (Buch, Ronald) (Entered: 04/26/2021) |
| 04/26/2021 | 4 | NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge’s jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Brenda Kay Bowder, David Lee Bowder. A link regarding the magistrate judges in this district is attached for your convenience: http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 3:21-cv-413-RJD. Consent due by 5/17/2021. (kls3) (Entered: 04/26/2021) |
| 04/26/2021 | 5 | Summons Issued as to PHH Mortgage Services, and returned to Attorney Litherland for service. (kls3) (Entered: 04/26/2021) |
| 05/05/2021 | 6 | SUMMONS Returned Executed by David Lee Bowder, Brenda Kay Bowder. PHH Mortgage Services served on 5/4/2021, answer due 5/25/2021. (Litherland, Kimberly) (Entered: 05/05/2021) |
| 05/18/2021 | 7 | NOTICE: David Lee Bowder and Brenda Kay Bowder were directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, David Lee Bowder and Brenda Kay Bowder shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 5/25/2021. (kls3) (Entered: 05/18/2021) |
| 05/18/2021 | 8 | CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE – sealed pending receipt from all parties. (Buch, Ronald) (Entered: 05/18/2021) |
| 05/25/2021 | 9 | NOTICE of Appearance by Caleb J. Halberg on behalf of PHH Mortgage Services (Halberg, Caleb) (Entered: 05/25/2021) |
| 05/25/2021 | 10 | Consent MOTION for Extension of Time to File Answer re 1 Complaint,, (Unopposed Motion for Extension of Time to Answer or Otherwise Plead to Plaintiff’s Complaint) by PHH Mortgage Services. (Halberg, Caleb) (Entered: 05/25/2021) |
| 05/26/2021 | 11 | NOTICE FROM CLERK Instructing PHH Mortgage Services to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to PHH Mortgage Services on 5/26/2021. Consent due by 6/16/2021 (kls3) (Entered: 05/26/2021) |
| 05/27/2021 | 12 | ORDER GRANTING 10 Consent MOTION for Extension of Time to File Answer. PHH Mortgage Services shall answer or otherwise respond to Plaintiff’s Complaint on or before 6/29/2021. Signed by Magistrate Judge Reona J. Daly on 5/27/2021. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/27/2021) |
| 06/16/2021 | 13 | CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE – sealed pending receipt from all parties. (Halberg, Caleb) (Entered: 06/16/2021) |
| 06/17/2021 | 14 | NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge Stephen P. McGlynn for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 3:21-cv-413-SPM. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/17/2021) |
About Judge Stephen McGlynn for Circuit Court
Judge McGlynn for Circuit Court — Unanimously appointed, highly qualified.
Judge McGlynn was born and raised in Belleville Illinois, and currently resides there with his wife Mary Anne (nee Lindauer) and their daughter, Dorothy. He is one of nine children born to Robert and Margy McGlynn.
He is a lifelong member of Our Lady Queen of Peace parish.
Judge McGlynn attended Our Lady Queen of Peace Grade School, Althoff Catholic High School and graduated with a Bachelor of Arts from the University of Dayton. He received his Juris Doctor from Saint Louis University School of Law.
He previously practiced law with his father, Robert, and his brother, Michael, at the family firm McGlynn and McGlynn, one of the oldest family-owned firms in the St. Louis area.
Judge McGlynn is the former Director and Chairman of the Board for Catholic Social Services of Southern Illinois.
He is a proud member of the East St. Louis NAACP. Judge McGlynn has received prestigious awards from the NAACP for his pro-bono service in the cause of civil rights. He was one of the leading civil rights lawyers in Southern Illinois.
Judge McGlynn is a proud member of the National Rifle Association and the Illinois State Rifle Association.
He is a proud member of the Illinois State Bar Association, the Missouri State Bar Association, and the Illinois Judges Association.
Judge McGlynn has served as the Co-Chairman of the Illinois Republican Party and as an Alternate Delegate for George W. Bush at the GOP Conventions in 2000 and 2004.
He has served honorably as an Appellate Judge in the Fifth Judicial District in Illinois.
Judge Steve has also served as Special Assistant Attorney General of Illinois.
Since July 1, 2013 Judge McGlynn has served as a Twentieth Judicial Circuit Judge for St.Clair County, and had previously served as such, and has also honorably served as a Justice in the Illinois Appellate Court, 5th District .
Credit
U.S. District Court
Southern District of Illinois (East St. Louis)
CIVIL DOCKET FOR CASE #: 3:21-cv-00413-SPM
| Bowder et al v. PHH Mortgage Services Assigned to: Judge Stephen P. McGlynn Cause: 15:1692 Fair Debt Collection Act |
Date Filed: 04/26/2021 Date Terminated: 08/09/2021 Jury Demand: Plaintiff Nature of Suit: 480 Consumer Credit Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/26/2021 | 1 |
COMPLAINT against PHH Mortgage Services ( Filing fee $ 402 receipt number 0754-4462941.), filed by David Lee Bowder, Brenda Kay Bowder. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Civil Cover Sheet, # 21 Summons)(Litherland, Kimberly) (Entered: 04/26/2021) |
| 04/26/2021 | 2 | NOTICE of Appearance by Kimberly D. Litherland on behalf of Brenda Kay Bowder, David Lee Bowder (Litherland, Kimberly) (Entered: 04/26/2021) |
| 04/26/2021 | 3 | NOTICE of Appearance by Ronald A. Buch on behalf of Brenda Kay Bowder, David Lee Bowder (Buch, Ronald) (Entered: 04/26/2021) |
| 04/26/2021 | 4 | NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge’s jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Brenda Kay Bowder, David Lee Bowder. A link regarding the magistrate judges in this district is attached for your convenience: http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 3:21-cv-413-RJD. Consent due by 5/17/2021. (kls3) (Entered: 04/26/2021) |
| 04/26/2021 | 5 | Summons Issued as to PHH Mortgage Services, and returned to Attorney Litherland for service. (kls3) (Entered: 04/26/2021) |
| 05/05/2021 | 6 | SUMMONS Returned Executed by David Lee Bowder, Brenda Kay Bowder. PHH Mortgage Services served on 5/4/2021, answer due 5/25/2021. (Litherland, Kimberly) (Entered: 05/05/2021) |
| 05/18/2021 | 7 | NOTICE: David Lee Bowder and Brenda Kay Bowder were directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, David Lee Bowder and Brenda Kay Bowder shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 5/25/2021. (kls3) (Entered: 05/18/2021) |
| 05/18/2021 | 8 | CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE – sealed pending receipt from all parties. (Buch, Ronald) (Entered: 05/18/2021) |
| 05/25/2021 | 9 | NOTICE of Appearance by Caleb J. Halberg on behalf of PHH Mortgage Services (Halberg, Caleb) (Entered: 05/25/2021) |
| 05/25/2021 | 10 | Consent MOTION for Extension of Time to File Answer re 1 Complaint,, (Unopposed Motion for Extension of Time to Answer or Otherwise Plead to Plaintiff’s Complaint) by PHH Mortgage Services. (Halberg, Caleb) (Entered: 05/25/2021) |
| 05/26/2021 | 11 | NOTICE FROM CLERK Instructing PHH Mortgage Services to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to PHH Mortgage Services on 5/26/2021. Consent due by 6/16/2021 (kls3) (Entered: 05/26/2021) |
| 05/27/2021 | 12 | ORDER GRANTING 10 Consent MOTION for Extension of Time to File Answer. PHH Mortgage Services shall answer or otherwise respond to Plaintiff’s Complaint on or before 6/29/2021. Signed by Magistrate Judge Reona J. Daly on 5/27/2021. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/27/2021) |
| 06/16/2021 | 13 | CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE – sealed pending receipt from all parties. (Halberg, Caleb) (Entered: 06/16/2021) |
| 06/17/2021 | 14 | NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge Stephen P. McGlynn for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 3:21-cv-413-SPM. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/17/2021) |
| 08/06/2021 | 15 | STIPULATION of Dismissal with Prejudice by Brenda Kay Bowder, David Lee Bowder. (Buch, Ronald) (Entered: 08/06/2021) |
| 08/09/2021 | 16 | JUDGMENT in a civil action. Signed by Judge Stephen P. McGlynn on 8/9/2021. (jce) (Entered: 08/09/2021) |
