The Bankruptcy Court’s Report and Recommendations in O’Flynn v. PHH Mortage Corporation
(21-50079)
United States Bankruptcy Court, S.D. Indiana
SEP 28, 2023 | REPUBLISHED BY LIT: SEP 28, 2023
Two years on, this PHH, Ocwen and Altisource Class action Lawsuit’s first major Opinion is released.
We’ll be updating this report and recommendation in due course.
“Further, since this Court has subject matter jurisdiction over the discharge injunction violations as to all four named cases, this Court dismisses Novak’s and Wilhold’s Count VII claims without prejudice and invites them to reopen their bankruptcy cases and file a sanctions motion against Ocwen for violation of the discharge injunction. As to O’Flynn and Addison, this Court retains jurisdiction over their request for sanctions against Ocwen for violation of the discharge injunction only and that matter will proceed in this Court in due course.”
O’Flynn v. PHH Mortage Corporation
(21-50079)
United States Bankruptcy Court, S.D. Indiana
AUG 31, 2021 | REPUBLISHED BY LIT: SEP 18, 2021
This PHH, Ocwen and Altisource Class action Lawsuit is now on LIT’s Tracker.
We’ll be updating this page as the case develops.
“This case concerns fraudulent practices committed by Ocwen and AltiSource in connection with the servicing of home mortgage loans involved in Chapter 13 bankruptcy proceedings. Specifically, Defendants have engaged in a common scheme involving the creation and collection of fees, costs, charges and other amounts in circumvention of the Bankruptcy Code and in violation of federal consumer protection statutes. This scheme has resulted in countless borrowers and debtors like the Plaintiffs completing the rigid requirements of a Chapter 13 bankruptcy only to be denied the “fresh start” to which they were entitled.”
ORDER – Because the parties now consent to the Bankruptcy Court deciding the Motions to Dismiss pending in the Adversary Proceeding, Judge Moberly may decide the pending Motions to Dismiss and enter final judgment, if warranted, based on that consent.
Accordingly, the Court REJECTS Judge Moberly’s Recommendation to the District Court to Withdraw the Reference Pursuant to Local Rule B-5011-1(b), 1 , and declines to withdraw its reference of this matter to the Bankruptcy Court (SEE FOR ADDITIONAL INFORMATION).
Signed by Judge Jane Magnus-Stinson on 5/18/2022. (DWH)
ORDER – Given the Court’s May 18, 2022 Order rejecting the Recommendation to the District Court to Withdraw the Reference Pursuant to Local Rule B-5011-1(b), [Filing No. 13], the Clerk is DIRECTED to close this case.. Signed by Judge Jane Magnus-Stinson on 9/2/2022.(JRB)
| WithdrawRef |
Southern District of Indiana (Indianapolis)
Adversary Proceeding #: 21-50079
| Assigned to: Robyn L. Moberly Lead BK Case: 12-13117-RLM-13 Lead BK Title: David Robert O’Flynn and Pamela Sue O’Flynn Lead BK Chapter: 13 Demand: |
Date Filed: 08/31/21 |
| Nature[s] of Suit: | 72 | Injunctive relief – other |
Plaintiff ———————– David Robert O’Flynn 9266 North 400 East Greenfield, IN 46140 SSN / ITIN: xxx-xx-6938 |
represented by |
Brad Aaron Catlin Travis W Cohron William W. Gooden Olivia Hess Ronald J Waicukauski
|
| V. | ||
Defendant ———————– PHH Mortage Corporation PO Box 5452 Mount Laurel, NJ 08054 |
represented by |
Simon Fleischmann Michael Kind Phillip Russell Perdew
|
Defendant ———————– Ocwen Financial Corporation 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 |
represented by |
Simon Fleischmann Michael Kind Phillip Russell Perdew
|
Defendant ———————– AltiSource Portfolio Solutions, SA 1000 Abernathy Road Suite 200 Atlanta, GA 30328 |
represented by |
Alicia J. Batts Harmony A Mappes Erin L McCann Emanuel Lee McMiller
|
U.S. Trustee ———————– U.S. Trustee Office of U.S. Trustee 46 E Ohio Street, Room 520 Indianapolis, IN 46204 317-226-6101 Email: ustpregion10.in.ecf@usdoj.gov |
|
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 02/01/2022 | 50 (5 pgs) |
Recommendation to the District Court to Withdraw the Reference Pursuant to Local Rule B-5011-1(b) and Bankruptcy Courts Designation of Record with Certificate of Service dated 2/1/2022 signed by Judge Robyn L. Moberly (re: Doc # 1 ). Supplemental Statements in Response to Recommendation due by 2/15/2022. Designation of Additional Items to be Included in Record due by 2/15/2022. (brb) (Entered: 02/01/2022) [Denied by # 54 ]  |
|
| 02/15/2022 | 51 (9 pgs) |
Notice of Submission SUPPLEMENT TO DEFENDANTS JOINT STATEMENT ON WITHDRAWAL OF THE REFERENCE filed by Alicia J. Batts on behalf of Defendant AltiSource Portfolio Solutions, SA (re: Doc # 41). (Batts, Alicia) (Entered: 02/15/2022) |
|
| 02/16/2022 | 52 | Transmittal of Recommendation to the District Court to Withdraw the Reference AND THE SUPPLEMENT TO THE DEFENDANTS JOINT STATEMENT ON WITHDRAW OF THE REFERENCE Pursuant to Local Rule B-5011-1(b)and Designated Documents to U.S. District Court re: District Court Case Number 1:22-00335-JMS-DLP (re: Doc # 50). (nar) CORRECTION: Missing docket text added in all capitals. Modified on 2/23/2022. (nar) (Entered: 02/16/2022) | |
| 02/16/2022 | 53 | Transmittal of Transcript to U.S. District Court re: District Court Case Number 1:22-00335-JMS-DLP. Record is Complete (re: Doc # 49). (nar) (Entered: 02/16/2022) |
|
| 05/18/2022 | 54 (8 pgs) |
Notice of District Court Ruling by Judge Jane Magnus-Stinson: Motion for Withdrawal of Reference is Denied (District Court Case Number: 1:22-00335-JMS-DLP) (re: Doc # 50). (nar) (Entered: 05/19/2022) | |
UNITED STATES BANKRUPTCY COURT
Southern District of Indiana 46 E. Ohio St., Rm. 116
Indianapolis, IN 46204
David Robert O’Flynn
Pamela Sue O’Flynn,
Debtors.
David Robert O’Flynn,
Plaintiff,
vs.
PHH Mortage Corporation, Ocwen Financial Corporation,
AltiSource Portfolio Solutions, SA,
Defendants.
Adv. Proc. No. 21−50079
AMENDED NOTICE OF STATUS CONFERENCE
A Notice of Hearing was filed on December 15, 2021.
The Court, after reviewing this document, determines that a status conference is required.
NOTICE IS GIVEN that a status conference will be held as follows:
Date: January 5, 2022
Time: 01:30 PM EST
Place: Video Conference at https://www.zoomgov.com/j/16175050888
Those who wish to listen, but not actively participate, may do so by phone:
Phone: 551−285−1373 or 646−828−7666
Meeting ID: 161 7505 0888
Any party appearing by video or phone must connect to the hearing from a quiet location, not use a speakerphone, and mute the connection when not speaking. All participants are further reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.
Motions for continuance must be filed no later than 7 days prior to the hearing. Motions for continuance filed less than 7 days prior to the hearing will be granted only upon a showing of good cause. Every motion for continuance must indicate whether opposing counsel objects to the continuance or what efforts were made to contact opposing counsel regarding the request for continuance.
Any referenced document can be found at pacer.insb.uscourts.gov or may be requested from the filing party.
Dated: December 29, 2021
Kevin P. Dempsey
Clerk, U.S. Bankruptcy Court
Court Setting Zoom Conference for Jan 5, 2022
Notice Recipients
Recipients of Notice of Electronic Filing:
ust U.S. Trustee ustpregion10.in.ecf@usdoj.gov
aty Brad Aaron Catlin brad@williamspiatt.com
aty Emanuel Lee McMiller manny.mcmiller@faegredrinker.com
aty Erin L McCann erin.mccann@faegredrinker.com
aty Harmony A Mappes harmony.mappes@faegredrinker.com
aty Michael Kind michael.kind@lockelord.com
aty Olivia Hess ohess@clarkquinnlaw.com
aty Phillip Russell Perdew rperdew@lockelord.com
aty Ronald J Waicukauski ron@williamspiatt.com
aty Simon Fleischmann sfleischmann@lockelord.com
aty Travis W Cohron tcohron@clarkquinnlaw.com
aty William W. Gooden wgooden@clarkquinnlaw.com
TOTAL: 12
File Excess Pages
ORDER GRANTING MOTION FOR AUTHORITY / LEAVE TO FILE A BRIEF IN SUPPORT OF MOTION TO DISMISS IN EXCESS OF 35 PAGES
A Motion for Authority / Leave to File a Brief in Support of Motion to Dismiss in Excess of 35 Pages was filed on November 22, 2021, by Defendant PHH Mortage Corporation and Defendant Ocwen Financial Corporation.
IT IS ORDERED that the Motion for Authority / Leave to File a Brief in Support of Motion to Dismiss in Excess of 35 Pages is GRANTED.
Attorney for the defendants must distribute this order.
Robyn L. Moberly
United States Bankruptcy Judge
TODD v. OCWEN LOAN SERVICING, LLC
(2:19-cv-00085)
District Court, S.D. Indiana
FEB 18, 2019 | REPUBLISHED BY LIT: SEP 18, 2021
Same Law Firm, Same Lawyer, Earlier Class Action which Has recently Settled in Dec. 2020
Through no fault of his own, Todd lives in fear of losing his home despite making over 87 consecutive timely and adequate monthly mortgage payments. This is because the recipient of the funds has and continues to hold him in a manufactured state of default. In so doing, and in abusively attempting to collect amounts Todd does not actually owe, Ocwen has violated nearly every consumer protection statute in existence and blatantly disregarded Orders and protections put in place by judges within this very district.
PHH Mortgage’s Obstructionism Crushed by Judge Doris Pryor’s Ruling for Intervenors
Intervenor Plaintiffs seek to modify the protective order so that they can access materials produced by Ocwen in this case – granted.
Foreclosure Mill BDF Law Group Celebrate the Corrupt Texas Supreme Court Decisions in 2020 and 2021
In an enormous victory for lenders and servicers, on January 29, 2021, the Texas Supreme Court confirmed it is completely a corrupt judiciary.
Demona Freeman v. PHH Mortgage et al
Complaint: Ocwen has and continues to conceal the source, nature, and extent of the mishandling of the Loan while making material misrepresentations to Freeman.
