Man accused in armed robbery of bank waves arraignment
JUL 20, 2011 | REPUBLISHED BY LIT: FEB 5, 2024
FEB 5, 2024
Above is the date LIT Last updated this article.
HORNERSVILLE, MO (KFVS) – A man accused of robbing a Dunklin County bank on July 19 appeared in court on Friday.
According to the Dunklin County Circuit Clerk, George Proby Jr. was in court for arraignment at 9:00 am this morning.
Proby appeared with his attorney and waived arraignment.
His next court date is set for August 19 at 9:00 a.m.
Police have released the name of a man suspected of trying to rob a Dunklin County bank Tuesday.
Sheriff Bob Holder says he has probable cause to believe that George J. Proby, Jr. of West Memphis, Ark. committed robbery first degree and armed criminal action.
The probable cause statement continues that Proby entered Focus Bank on July 19, 2011 around 12:15 p.m. in Hornersville with the intent to rob the bank.
Proby then jumped over the counter to where the tellers worked, displayed a gun and demanded money, said Holder.
Proby shot the gun twice, according to Holder. The first shot was fired through an office door with the bullet just missing the teller working the window. The second shot was fired through a double pane window in the rear bathroom where Proby fled with the gun and stolen money, according to the statement.
Proby was caught by police a short distance from the bank, said Holder.
Holder says Proby is schedule to appear in court on Friday.
Why are we interested in this bank robbin’ dude? Y’all will find out shortly he has more constitutional rights than law-abidin’ citizens in America, much more. pic.twitter.com/3SsHYxsULD
— lawsinusa (@lawsinusa) February 5, 2024
Proby v. Corizon Med. Servs., No. 20-2018
(8th Cir. Oct. 28, 2020)
No. 20-2018
10-28-2020
George Proby, Jr. Plaintiff – Appellant v. Corizon Medical Services; T. Bredeman, Corizon Director of Operations, Associate Regional Medical Director; J. Cofield, Director of Operations for Constituent Services, Head Grievance Officer; Unknown Hucke, Corizon Dr. at JCCC; Pamela Swartz, Corizon Nurse Practitioner at JCCC; Rebecca Grahm, Corizon Nurse Practitioner at JCCC; Philip Tippen; Paul F. Montany Defendants – Appellees
PER CURIAM.
Appeal from United States District Court for the Eastern District of Missouri – Cape Girardeau [Unpublished] Before GRUENDER, WOLLMAN, and STRAS, Circuit Judges. PER CURIAM.
George Proby, Jr. sued numerous defendants in federal district court for deliberate indifference to his serious medical needs and for conspiracy to deny medical care. See 42 U.S.C. §§ 1983, 1985.
The complaint named Corizon Medical Services, T. Bredeman, Pamela Swartz, Rebecca Grahm, Hucke, Phillip Tippen, Paul F. Montany, and J. Cofield, in their individual and official capacities.
The district court dismissed his complaint in its entirety, before he had a chance to serve them.
See 28 U.S.C. § 1915(e)(2)(B).
We affirm in part and reverse in part.
The district court properly dismissed some of the claims.
Among them were the official-capacity claims against J. Cofield, either under the Eleventh Amendment or section 1983 itself.
See Murphy v. Arkansas, 127 F.3d 750, 754 (8th Cir. 1997).
Proby also did not plead enough facts to allege a conspiracy.
See Manis v. Sterling, 862 F.2d 679, 681 (8th Cir. 1988)
(stating that, to plead a conspiracy, there must be enough to show a “meeting of the minds”
(quotation marks omitted)).
Others should not have been dismissed.
The first is the allegation against Corizon that it violated his constitutional rights through a policy, custom, or official action.
See Smith v. Insley’s Inc., 499 F.3d 875, 880-81 (8th Cir. 2007).
Also falling into this category are Proby’s claims against the remaining defendants that they were deliberately indifferent to his serious medical needs.
See Dadd v. Anoka Cnty., 827 F.3d 749, 755 (8th Cir. 2016)
(delaying treatment or examinations can amount to a constitutional violation when the underlying condition is “medically serious or painful” (quotation marks omitted));
Phillips v. Jasper Cnty. Jail, 437 F.3d 791, 796 (8th Cir. 2006)
(“fail[ing] to administer prescribed medication,” if done knowingly, can establish deliberate indifference);
Smith v. Jenkins, 919 F.2d 90, 93 (8th Cir. 1990)
(choosing the “easier and less efficacious course of treatment” can constitute deliberate indifference).
To sum up, neither the official-capacity claims against Cofield nor the conspiracy claims survive.
But all remaining claims can proceed, at least at this stage. We accordingly remand to the district court for further proceedings consistent with this opinion, including service of process on the remaining defendants.
Legal Anarchy Unfolds in Minnesota as Federal Judges Brush Aside Federal Rules or Laws Applicable to Them – Laws In Texas https://t.co/T8AakRJzB4
— lawsinusa (@lawsinusa) February 6, 2024
Case submitted
reversing district court denial of appeal and granting IFP status,
without briefing allowed to CA8 on Monday, Oct. 19, 2020
with decision rendered on Wed., Oct. 28, 2024
reversing in part and allowing process of service on a laundry list of defendants.
| General Docket Eighth Circuit Court of Appeals |
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| 8th Circuit Court of Appeals – 02/05/2024 17:29:45 |
Active and Senior Judges
Active Judges |
| Hon. Lavenski R. Smith, Chief Judge – Little Rock, AR – Appointed July 19, 2002 |
| Hon. James B. Loken – Minneapolis, MN – Appointed October 17, 1990 |
| Hon. Steven M. Colloton – Des Moines, IA – Appointed September 10, 2003 |
| Hon. Raymond W. Gruender – St. Louis, MO – Appointed June 5, 2004 |
| Hon. Duane Benton – Kansas City, MO – Appointed July 2, 2004 |
| Hon. Bobby E. Shepherd – El Dorado, AR – Appointed October 10, 2006 |
| Hon. Jane Kelly – Cedar Rapids, IA – Appointed April 25, 2013 |
| Hon. Ralph R. Erickson – Fargo, ND – Appointed October 13, 2017 |
| Hon. L. Steven Grasz – Omaha, NE – Appointed January 4, 2018 |
| Hon. David R. Stras – Minneapolis, MN – Appointed January 31, 2018 |
| Hon. Jonathan A. Kobes – Sioux Falls, SD – Appointed December 18, 2018 |
Senior Judges |
| Hon. Roger L. Wollman – Sioux Falls, SD – Appointed July 22, 1985 |
| Hon. Morris S. Arnold – Little Rock, AR – Appointed May 26, 1992 |
| Hon. Michael J. Melloy – Cedar Rapids, IA – Appointed February 14, 2002 |
Remember this Ochlocracy @WSJ and @Reuters?
This is how Minnesota Federal District dealt with it going forward from the new transparency rules: https://t.co/yAcKzwyVD0 https://t.co/T8AakRJzB4
and that’s only one district court. pic.twitter.com/8jl8hMzA4p— lawsinusa (@lawsinusa) February 5, 2024
Joanna Burke v. PHH Mortgage Corporation, et al, No. 23-3593
(8th Cir)
APPELLANT’S MOTION FOR EXTENSION OF TIME GRANTED AFTER FOLLOWING TWEET ON 16 FEB, 2024
Howdy @uscourts -please pass these 4 waivers from law firms in Van Deelen v fmr Chief BK Judge Jones and his fmr clerk and lover to the 8th Circuit Court, the Minnesota District Court as a reminder that officers of the court are obligated to waive service. https://t.co/oIBaD4udoA pic.twitter.com/2NbFBooEEr
— lawsinusa (@lawsinusa) February 16, 2024
Joanna Burke v. PHH Mortgage Corporation, et al, No. 23-3593
(8th Cir. Feb 5, 2024)
2012 File Photo: Shows two of the three CA8 panel judges in Burke’s case on the bench 12 years later in 2024, with RAYMOND W. GRUENDER sitting on both the Burke’s appeal and Prody’s appeal.
JUDGMENT
Before COLLOTON, GRUENDER, and KELLY, Circuit Judges.
This court has reviewed the original file of the United States District Court. It is ordered by the court that the judgment of the district court is summarily affirmed.
February 05, 2024
Order Entered at the Direction of the Court: Clerk, U.S. Court of Appeals, Eighth Circuit.
/s/ Michael E. Gans
Case submitted without briefing allowed to CA8 on Wednesday, Jan. 31, 2024
with no formal written opinion addressing the many due process, constitutional issues raised by Burke,
including the rather important fact that the second assigned Magistrate Judge represented the defendants, PHH Mortgage Corp., prior to joining the bench and he (David Schultz) would not self-recuse, but immediately issued an order in favor of his former client, PHH.
The “sua sponte order” by CA8 was rendered in rapid time, three business days after submission, on Monday, Feb. 5, 2024,
The court cited to an obscure, unused Local Rule 47(b)
to end the appeal with a one line perfunctory affirmation of the lower courts unethical and unconstitutional acts, and
in violation of their prior opinions mirroring the facts in Burke’s case (e.g. process of service).
Rule 47 (b) Procedure When There Is No Controlling Law.
A court of appeals may regulate practice in a particular case in any manner consistent with federal law, these rules, and local rules of the circuit. No sanction or other disadvantage may be imposed for non compliance with any requirement not in federal law, federal rules, or the local circuit rules unless the alleged violator has been furnished in the particular case with actual notice of the requirement.
LIT Commentary
It is clear CA8 is using the second sentence to say that because no service was issued or executed upon the defendants, we don’t need to even respond to this appeal.
However, this fails for two main reasons:
First, this one sentence does not address the issues at the lower court or on appeal. There are questions of law that needed to be decided outwith the process of service and do not need their involvement as it is against the “judicial machinery itself” – which is the substance of Joanna Burke’s actual 100-page complaint…
Second, compared with the Proby appeal, which was also not briefed and did not include any responses by defendants in his case – if precedent is being applied, Rule 47(b) does not apply as Proby’s case was remanded to effect service.
Furthermore, Proby’s other questions of law were answered by a 3-panel which included RAYMOND W. GREUNDER, who also appeared in the Burke 3-panel.
Following precedent and federal law, the same due process on appeal was not applied to law-abiding citizen Joanna Burke’s case, but granted to a jailed felon, and notably after the appeal court overturned the district court’s denial of IFP status for Proby.
Kelley v. Northern States Power Com., 213 F. App’x 506 (8th Cir. 2007)
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| 8th Circuit Court of Appeals – 02/06/2024 05:17:44 |
Active and Senior Judges
Active Judges |
| Hon. Lavenski R. Smith, Chief Judge – Little Rock, AR – Appointed July 19, 2002 |
| Hon. James B. Loken – Minneapolis, MN – Appointed October 17, 1990 |
| Hon. Steven M. Colloton – Des Moines, IA – Appointed September 10, 2003 |
| Hon. Raymond W. Gruender – St. Louis, MO – Appointed June 5, 2004 |
| Hon. Duane Benton – Kansas City, MO – Appointed July 2, 2004 |
| Hon. Bobby E. Shepherd – El Dorado, AR – Appointed October 10, 2006 |
| Hon. Jane Kelly – Cedar Rapids, IA – Appointed April 25, 2013 |
| Hon. Ralph R. Erickson – Fargo, ND – Appointed October 13, 2017 |
| Hon. L. Steven Grasz – Omaha, NE – Appointed January 4, 2018 |
| Hon. David R. Stras – Minneapolis, MN – Appointed January 31, 2018 |
| Hon. Jonathan A. Kobes – Sioux Falls, SD – Appointed December 18, 2018 |
Senior Judges |
| Hon. Roger L. Wollman – Sioux Falls, SD – Appointed July 22, 1985 |
| Hon. Morris S. Arnold – Little Rock, AR – Appointed May 26, 1992 |
| Hon. Michael J. Melloy – Cedar Rapids, IA – Appointed February 14, 2002 |
CA1’s Julie Rikelman: “The procedural errors affected Triantos’s substantial rights here…”
LIT: “Judge, can we share a laundry list of procedural errors in the Burke cases that have, and are affecting substantial rights for the last several years?”https://t.co/WVQCzbXsLP
— lawsinusa (@lawsinusa) February 1, 2024
DEC 18, 2018
Private Entity Corizon Inc has "Waiver on File", Officers of the Court: They Should Waive, But Won't
U.S. District Court
Eastern District of Missouri (Cape Girardeau)
CIVIL DOCKET FOR CASE #: 1:18-cv-00293-SNLJ
| Proby v. Corizon Medical Services et al Assigned to: Sr. District Judge Stephen N. Limbaugh, Jr
Cause: 42:1983 Prisoner Civil Rights |
Date Filed: 12/18/2018 Date Terminated: 05/20/2021 Jury Demand: Both Nature of Suit: 555 Prisoner Petitions – Prison Conditions Jurisdiction: Federal Question |
| Plaintiff | ||
| George Proby, Jr. | represented by | George Proby, Jr. #1237464 NECC Northeast Correctional Center 13698 Airport Road Bowling Green, MO 63334 PRO SE |
| V. | ||
| Defendant | ||
| Corizon, LLC TERMINATED: 03/15/2021 |
represented by | Corizon Health, Inc. Office of Professional Liability Claims 103 Powell Court Brentwood, TN 37027 Email: incident.reports@corizonhealth.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDJ. Thaddeus Eckenrode ECKENRODE-MAUPIN 11477 Olde Cabin Road Suite 110 St. Louis, MO 63141 314-726-6670 Fax: 314-726-2106 Email: jte@eckenrode-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Dr. Thomas Bredeman TERMINATED: 03/15/2021 |
represented by | Corizon Health, Inc. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDJ. Thaddeus Eckenrode (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Jewel Cofield TERMINATED: 03/15/2021 |
represented by | Corizon Health, Inc. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDJ. Thaddeus Eckenrode (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDOffice of Missouri Attorney General OFFICE OF THE ATTORNEY GENERAL OF MISSOURI – Jefferson City 207 W. High St. P.O. Box 899 Jefferson City, MO 65102-0899 573-751-3321 Email: tender@ago.mo.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Kayla Nivert Corizon Nurse at MCC TERMINATED: 10/28/2019 |
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| Defendant | ||
| Dr. Heyden Hucke TERMINATED: 04/02/2021 |
represented by | Corizon Health, Inc. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Narendrashinh Khengar Corizon Dr. at JCCC TERMINATED: 10/28/2019 |
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| Defendant | ||
| Dr. Ruanne Stamps Corizon Dr. at MCC TERMINATED: 10/28/2019 |
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| Defendant | ||
| Tipton Corizon Dr. at SECC TERMINATED: 10/28/2019 |
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| Defendant | ||
| Pamala Swartz | represented by | Corizon Health, Inc. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDJ. Thaddeus Eckenrode (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Rebekah Graham TERMINATED: 03/15/2021 |
represented by | Corizon Health, Inc. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDJ. Thaddeus Eckenrode (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Jackie Unknown Corizon Nurse at SECC TERMINATED: 10/28/2019 |
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| Defendant | ||
| Molly Unknown Corizon Health Service Administrator at SECC TERMINATED: 10/28/2019 |
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| Defendant | ||
| Collette Rodgers Corizon Director of Nursing at JCCC TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Deborah Willis Corizon Director of Nursing at MCC TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Jason Lewis SECC Warden of Operations TERMINATED: 10/28/2019 |
||
| Defendant | ||
| April Samples SECC Case Manager TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Heather Tidwell Corizon Nurse at SECC TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Paula Reed SECC Assistant Warden of Operations TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Young SECC Function Unit Manager TERMINATED: 10/28/2019 |
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| Defendant | ||
| Heather Alexander Corizon Nurse at SECC TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Christy Unknown Corizon Nurse at SECC TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Courtney Unknown Corizon Nurse at MCC TERMINATED: 10/28/2019 |
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| Defendant | ||
| Missouri Deparment of Corrections TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Dean Minor TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Bonnie Boley TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Laurel Davison TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Audrey Ford TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Amanda Unknown TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Unknown Stoner TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Christina Unknown TERMINATED: 10/28/2019 |
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| Defendant | ||
| Unknown Lawson TERMINATED: 10/28/2019 |
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| Defendant | ||
| Unknown Jochem TERMINATED: 10/28/2019 |
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| Defendant | ||
| Unknown Bell TERMINATED: 10/28/2019 |
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| Defendant | ||
| Molly Leija TERMINATED: 10/28/2019 |
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| Defendant | ||
| Martin Unknown TERMINATED: 10/28/2019 |
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| Defendant | ||
| Aaron Legrand TERMINATED: 10/28/2019 |
||
| Defendant | ||
| Blake Moutray TERMINATED: 10/28/2019 |
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| Defendant | ||
| Ralph Vanlandingham TERMINATED: 10/28/2019 |
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| Defendant | ||
| Dr. Phillip Tippen TERMINATED: 03/15/2021 |
represented by | Corizon Health, Inc. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDJ. Thaddeus Eckenrode (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Larry Grahm TERMINATED: 10/28/2019 |
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| Defendant | ||
| Christy Williams TERMINATED: 10/28/2019 |
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| Defendant | ||
| Megan Unknown TERMINATED: 10/28/2019 |
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| Defendant | ||
| Unknown Lynch TERMINATED: 10/28/2019 |
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| Defendant | ||
| Unknown Harriston TERMINATED: 10/28/2019 |
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| Defendant | ||
| Sydney Serr TERMINATED: 10/28/2019 |
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| Defendant | ||
| Ryan Crews TERMINATED: 10/28/2019 |
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| Defendant | ||
| Paul F. Montany TERMINATED: 04/27/2020 |
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| Date Filed | # | Docket Text |
|---|---|---|
| 03/11/2021 | 57 | NOTICE of Voluntary Dismissal by Thomas Bredeman, Jewel Cofield, Corizon, LLC, Rebekah Graham, Phillip Tippen STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE (Eckenrode, J.) (Entered: 03/11/2021) |
| 03/15/2021 | 58 | ORDER OF PARTIAL DISMISSAL re 57 Notice of Voluntary Dismissal filed by Rebekah Graham, Corizon, LLC, Phillip Tippen, Jewel Cofield, Thomas Bredeman. In accordance with the Stipulation for Voluntary Dismissal with prejudice, entered into by plaintiff and defendants Corizon, LLC, Dr. Phillip Tippen, Dr. Thomas Bredeman, Rebekah Graham and Jewel Cofield, IT IS HEREBY ORDERED that plaintiff’s claims against defendants Corizon, LLC, Dr. Phillip Tippen, Dr. Thomas Bredeman, Rebekah Graham and Jewel Cofield are DISMISSED withprejudice. IT IS FURTHER ORDERED that in accordance with the Stipulation for Dismissal, each party shall bear its own costs. IT IS HEREBY CERTIFIED that an appeal from this Order of Partial Dismissal would not be taken in good faith. Corizon, LLC, Rebekah Graham, Phillip Tippen, Thomas Bredeman and Jewel Cofield terminated. Signed by District Judge Stephen N. Limbaugh, Jr on 3/15/21. (CSG) (Entered: 03/15/2021) |
| 04/02/2021 | 59 | ORDER OF PARTIAL DISMISSAL: IT IS HEREBY ORDERED that plaintiff’s claims against defendant Dr. Heyden Hucke are DISMISSED, without prejudice. See Fed.R.Civ.P.4(m) Heyden Hucke terminated. Signed by District Judge Stephen N. Limbaugh, Jr on 4/2/21. (CSG) (Entered: 04/02/2021) |
| 04/28/2021 | 60 | **VACATED on 5/4/21** ORDER: IT IS HEREBY ORDERED that plaintiff shall, within twenty-one (21) days of the date of this order, file a motion for entry of default by the Clerk of the Court under Federal Rule of Civil Procedure 55(a). Failure to comply with this order may result in dismissal of the claims against defendant Pamela Swartz in this matter without prejudice. Response to Court due by 5/19/2021. Signed by District Judge Stephen N. Limbaugh, Jr on 4/28/21. (CSG) Modified on 5/4/2021 (CSG). (Entered: 04/28/2021) |
| 04/30/2021 | 61 | ENTRY of Appearance by J. Thaddeus Eckenrode for Defendant Pamala Swartz. (Eckenrode, J.) (Entered: 04/30/2021) |
| 04/30/2021 | 62 | MOTION for Leave to File Answer Out of Time by Defendant Pamala Swartz. (Eckenrode, J.) (Entered: 04/30/2021) |
| 04/30/2021 | 63 | ANSWER to Complaint ANSWER, AFFIRMATIVE DEFENSES, AND REQUEST FOR TRIAL BY JURY OF DEFENDANT PAMELA SWARTZ by Pamala Swartz.(Eckenrode, J.) (Entered: 04/30/2021) |
| 05/04/2021 | 64 | ORDER re 62 MOTION for Leave to File Answer Out of Time filed by Pamala Swartz. IT IS HEREBY ORDERED that defendant Pamela Swartz’ motion for leave to file her answer out of time [Doc. #62] is GRANTED. IT IS FURTHER ORDERED that the April 28, 2021 Order requiring plaintiff to file a motion for entry of default [Doc. #60] is VACATED. Signed by District Judge Stephen N. Limbaugh, Jr on 5/4/21. (CSG) (Entered: 05/04/2021) |
| 05/04/2021 | 65 | CASE MANAGEMENT ORDER: This case is assigned to Track: 5: Prisoner Standard. Motion to Join Parties due by 6/4/2021. Discovery Completion due by 10/4/2021. Dispositive Motions due by 10/4/2021. Signed by District Judge Stephen N. Limbaugh, Jr on 5/4/21. (CSG) (Entered: 05/04/2021) |
| 05/19/2021 | 66 | STIPULATION JOINT STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE by Defendant Pamala Swartz. (Eckenrode, J.) (Entered: 05/19/2021) |
| 05/20/2021 | 67 | ORDER OF DISMISSAL pursuant to Stipulation for Voluntary Dismissal With Prejudice. Signed by District Judge Stephen N. Limbaugh, Jr on 5/20/21. (CSG) (Entered: 05/20/2021) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 02/05/2024 15:49:41 |
Texas: The $4 Million Dollar Wrongful Foreclosure Judgment Against Deutsche Bank and PHH Ocwen
Texan Dilemma: Will the corrupt Texas Courts and Gov. collude to settle with Deutsche Bank and PHH Ocwen, or obliterate $4M judgment?
The Greatest Theft: Ocwen PHH Mortgage Premeditated Long-Term Scheme to Steal Citizens Homes
Ocwen PHH’s egregious act was to use HAMP to POSTPONE foreclosures and add big balloon payments, NOT to help homeowners keep their homes.
8th Circuit to PHH: The Party Seeking Equitable Subrogation Must Be Without Fault
The blame for the uncertainty regarding GMAC’s – now PHH Ocwen’s lien position lies with GMAC. GMAC agents prepared the flawed mortgage docs.
