Bankruptcy

LIT Lights Up New PHH, Ocwen and Altisource Class Action Lawsuit

LIT has previously highlighted this attorney and law firm. Now they are going bold and stepping up the challenge to PHH Predatory Lending.

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)

O’FLYNN v. PHH MORTGAGE CORPORATION

(1:22-cv-00335-JMS-DLP)

District Court, S.D. Indiana.

WithdrawRef

U.S. Bankruptcy Court
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
Williams & Piatt LLC
1101 North Delaware Street
Indianapolis, IN 46202
317-633-5270
Fax : 317-426-3348
Email: brad@williamspiatt.com

Travis W Cohron
Clark Quinn Moses Scott & Grahn, LLP
320 N Meridian Street
Ste 1100
Indianapolis, IN 46204
317-637-1231
Email: tcohron@clarkquinnlaw.com

William W. Gooden
Clark, Quinn, Moses, Scott & Grahn, LLP
320 N Meridian St., Ste. 1100
Indianapolis, IN 46204
317-637-1321
Email: wgooden@clarkquinnlaw.com

Olivia Hess
Clark, Quinn, Moses, Scott and Grahn, LLP
320 N. Meridian Street, Ste 1100
Indianapolis
Indianapolis, IN 46204
317-637-1321
Email: ohess@clarkquinnlaw.com

Ronald J Waicukauski
Williams & Piatt, LLC
1101 North Delaware Street
Indianapolis, IN 46202
317-633-5270
Fax : 317-426-3348
Email: ron@williamspiatt.com

 

V.

Defendant
———————–

PHH Mortage Corporation
PO Box 5452
Mount Laurel, NJ 08054
 

represented by

 

Simon Fleischmann
Locke Lord LLP
111 South Wacker Drive
Chicago, IL 60606
312-443-0462
Email: sfleischmann@lockelord.com

Michael Kind
Locke Lord LLP
111 South Wacker Drive
Ste 4100
Chicago, IL 60606
312-443-0700
Email: michael.kind@lockelord.com

Phillip Russell Perdew
Locke Lord LLP
111 South Wacker Drive
Chicago, IL 60603
312-443-1712
Fax : 312-896-6712
Email: rperdew@lockelord.com

 


Defendant
———————–

Ocwen Financial Corporation
1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
 

represented by

 

Simon Fleischmann
(See above for address)

Michael Kind
(See above for address)

Phillip Russell Perdew
(See above for address)

 


Defendant
———————–

AltiSource Portfolio Solutions, SA
1000 Abernathy Road
Suite 200
Atlanta, GA 30328
 

represented by

 

Alicia J. Batts
Faegre Drinker Biddle & Reath LLP
1500 K Street, NW
Suite 1100
Washington, DC 20005
202-230-5297
Fax : 202-842-8465
Email: alicia.batts@faegredrinker.com

Harmony A Mappes
Faegre Drinker Biddle & Reath LLP
300 N. Meridian St.
Ste. 2500
Indianapolis, IN 46204
317-237-8246
Fax : 317-237-1000
Email: harmony.mappes@faegredrinker.com

Erin L McCann
Faegre Drinker Biddle & Reath LLP
90 S. 7th St.
Ste. 2200
Minneapolis, MN 55402
612-766-8043
Email: erin.mccann@faegredrinker.com

Emanuel Lee McMiller
Faegre Drinker Biddle & Reath LLP
300 N. Meridian Street
Suite 2500
Indianapolis, IN 46204
317-237-1126
Fax : 317-237-1000
Email: manny.mcmiller@faegredrinker.com

 


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.

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.

Indiana is Well Served by Foreclosure Defense Lawyer Chase Haller of the Neighborhood Christian Legal Network

Haller, Foreclosure Defense Lawyer, Indiana: I do not think the average person understands how severe the housing crisis is in Indianapolis.

LIT Lights Up New PHH, Ocwen and Altisource Class Action Lawsuit
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